Among reader comments printed in Wednesday’s Tribune:

“There should not be caps. The numbers are arbitrary. Why should someone be compensated less because a negligent doctor hurt him than if a negligent driver did?”

“Medical malpractice caps sound like a good idea – until you are a victim of a medical error. Let’s not forget that the rest of us are responsible for our negligence and our liability is not capped.”

“Most people want caps until it’s their relative. Then it’s different. How can you cap someone who may need care the rest of his or her life?”

Medical malpractice reform was the subject of a dozen amendments last week during the Senate Health Education Labor and Pension (HELP) Committee Mark-up. The committee voted down the Hatch Amendment dealing with Comparative Effectiveness Research, but merely tabled the Enzi Amendment that could establish health courts. That means this could come back up at any time. Additionally, House Republicans have released an outline of their health bill that includes limits on medical malpractice. Following the 4th of July recess, the Senate Finance Committee will begin their mark-up process, and we are sure to face more amendments seeking to curb medical malpractice awards and restrict your clients’ access to the courts. The Public Affairs team is doing a tremendous job of staying on top of this issue and working to defeat these amendments.

When the President first broached the topic (the doctors’ demand for a cap on malpractice suits), his audience believed he may be supporting the caps. “Don’t get too excited yet,” he said. “Now just hold onto your horses here, guys…I’m not advocating caps on malpractice awards.”

However, the President went on to explain that he is looking at evidence-based guidelines for treatment. He stated it would protect doctors who follow agreed-upon guidelines from costly lawsuits, yet let people who have legitimate medical malpractice claims could still file them in a court of law. In reality, an an evidence based guideline for treatment would be a pre-emptive attempt at unduly limiting lawsuits against wrong doers. At Romanucci & Blandin, we believe there never ever should be a placement of limits or standards against injured victims or in any way limit a plaintiffs right of recovery at the courthouse.

This serious and clearly definable form of child abuse results from extreme rotational cranial acceleration induced by violent shaking or shaking/impact. Greater attention and resources should be devoted to prevention of abusive injuries, according to the Academy, which noted that head injuries are the leading cause of traumatic death and the leading cause of child abuse fatalities.

This is a major victory for the rights of all Americans under state law and is the culmination of years of tireless and dedicated effort by AAJ’s Regulatory Affairs team, headed by Gerie Voss.
Today, President Obama issued a Directive to the Heads of all Executive Branch Departments and Agencies stating it is the policy of his Administration that “preemption of State law by executive departments and agencies should be undertaken only with full consideration of the legitimate prerogatives of the States and with a sufficient legal basis for preemption.” Preemption of state common law will no longer be presumed or asserted by regulatory agencies absent “explicit preemption by Congress or an otherwise sufficient basis under applicable legal principles.”

Participants would need to go to the RIC’s campus at 345 E. Superior in Chicago for clinic visits. They will receive $75 for their participation. The study is made possible by a grant from the U.S. Department of Defense. If interested, call (312) 238-0724.

The key to Kuiper's demise is a chemical known as diacetyl. While it is generally felt that the chemical poses little threat to consumers, the chemical fumes from diacetyl used in the manufacturing of the flavoring are said to be harmful to factory workers exposed to large quantities of the chemical in the workplace.

"While the overall aviation safety record in the United States is among the best in the world, the 2008 accident statistics reveal a mixed picture," said NTSB Acting Chairman Mark V. Rosenker. "We are particularly concerned with the spike in fatalities in on-demand air charter
operations. There's a lot of room for improvement in this area, and as evidenced by our recent forum on emergency medical service helicopter accidents, we continue to do everything we can to identify the safety issues involved, and to advocate for the adoption of our recommendations that will make the skies safer."

The order rejects the tobacco company's latest challenge to the jury's $79.5 million punitive damages award in that case. This is exactly what the Court should have done. Public Justice had filed an amici brief explaining that Philip Morris had not legally preserved the challenge it was trying to make.

Her injury is a sad reminder that any head injury can have repercussions. Reports said she fell on the slopes and did not show any visible signs of injury but later reported that she did not feel well. She was treated at a Montreal Hospital and flown to New York City for continued care.

This accident is a sad reminder that prevention is key. As a safety precaution, helmets should always be worn when athletes at any level engage in a sports activity.

As a law firm that concentrates in helping victims with traumatic brain injuries, Romanucci & Blandin salutes the police and courts for their efforts in this regard. Many returning vets are depressed and erratic. They often turn to alcohol and other mind-numbing drugs to ease the memories of combat. Everyday occurrences such as a police siren can trigger a flashback. In reality, they aren’t themselves – no one with a serious brain injury ever is – and they probably cannot comprehend what is happening.

Sadly, the number of veterans who have attempted suicide has also increased. According to studies, between 4,000 and 6,000 of them have attempted suicide. One thousand have actually killed themselves, with the U.S. Army recording a record number last year.

The ruling affirmed a nearly $7 million jury verdict in favor of Diana Levine, a Vermont musician whose right arm was amputated after she was injected with an anti-nausea drug. The ruling applies to more than 11,000 drugs on the market in the U.S., including over-the-counter drugs and prescription drugs.

Tony Romanucci, a partner in the law firm, said the decision will not only lead to compensating individuals fairly but will uncover drug hazards and provide incentives for drug manufacturers to promptly disclose safety risks.

Initially, it was believed that the child died from a seizure, but further investigation by authorities revealed that the assistant, who was supposed to be caring for him, allegedly threw the child to the floor because she felt he was misbehaving. After being thrown, the boy grabbed his blanket and crawled to a bouncy chair where he died. (The fact that the child could crawl after the accident is not unusual. It takes time for swelling and bleeding in the brain to become fatal.)

The daycare center where the accident took place was considered first rate and had no record of any previous complaints of mistreatment. The teacher’s assistant has been charged with first degree murder and is being held on $5 million bond.