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Posts tagged boating

  • Continuing Tort and the Statute of Limitations

    John Inserra | April 20, 2007 12:42 PM | 0 CommentsOmaha, NE Category: Automobile Accidents

    The Nebraska Supreme Court defines the issue of a continuing tort action and its relation to the statute of limitations. We reaffirm our statement in Wischmann and conclude that a claim for damages caused by a continuing tort can be maintained for injuries caused by conduct occurring within the statutory limitations period. Seen in this light, the "continuing tort doctrine" is not a separate...

  • Diagnosis of Fibromyalgia and Daubert Ruling in Nebraska

    John Inserra | June 02, 2006 3:49 PM | 0 CommentsOmaha, NE Category: Automobile Accidents

    The Nebraska Supreme Court ruled today that a trial court did abuse its discretion in striking the testimony of a physician regarding the causal relationship between a diagnosis of fibromyalgia and it traumatic onset. The case is Epp v. Lauby, 271 Neb. 640. This case reiterates Nebraska's interpretation of Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S. Ct. 2786, 125 L. Ed....

  • Possible New Knee Cartilage

    John Inserra | July 19, 2006 9:15 AM | 0 CommentsOmaha, NE Category: Automobile Accidents

    I read a very encouraging article concerning the implantation of bioengineered cartilage in damaged knee joints. The authors of the study conclude:"We have shown for the first time that tissue-engineered cartilage implanted into knees can mature into an articular cartilage structure as early as 11 months after implantation of Hyalograft C," the authors conclude. "Development of osteoarthrosis,...

  • Microdiscectomy Study

    John Inserra | January 09, 2007 3:53 PM | 0 CommentsOmaha, NE Category: Automobile Accidents

    A study reported at Medscape: Not a large study but it seems to fall in line with recent trends for treatment of herniated discs.Study Design: Prospective randomized controlled trial.Objective: To assess effectiveness of microdiscectomy in lumbar disc herniation patients with 6 to 12 weeks of symptoms but no absolute indication for surgery.Summary of Background Data: There is limited evidence...

  • You Take Them as You Find Them

    John Inserra | August 18, 2006 9:50 AM | 0 CommentsOmaha, NE Category: Automobile Accidents

    The case of Castillo v Young handed down today by the Nebraska Supreme Court answers the question regarding the propriety of instructing a jury regarding a prexisting condition. The court decided that it is proper for a trial court to instruct a jury that you take the plaintiff as you find them. The requested instruction was:The instruction requested by Castillo stated: There is evidence...

  • Pain and Its Causes

    John Inserra | May 22, 2006 2:59 PM | 0 CommentsOmaha, NE Category: Head & Brain Injuries

    Thanks to my paraglegal, Christy Koch, for finding a list of articles from the International Study of Pain. The list of articles runs a gamet from pain in children, spinal pain, fibromyalgia pain, pain and depression, and on and on. The articles are scientific in nature, written by medical providers, whose object is to study pain.

  • Fun in the sun: staying safe around water

    John Inserra | May 20, 2011 8:37 PM | 0 CommentsOmaha, NE Category: Miscellaneous

    Donning the bathing suits and hitting the swimming pool or heading to a lake is looking more and more attractive with each passing day. Whether you get into the water for exercise, for fun, or just...

  • ERISA Reimbursement Case of Interest

    John Inserra | August 01, 2007 6:35 AM | 0 CommentsOmaha, NE Category: Automobile Accidents

    An ERISA case, Mills v. London Grove Township, decided by a Federal Judge in Pennsylvania did not allow the plan administrator to recover against a special needs trust set up for a dependant of the plan's primary beneficiary. For anyone who deals with ERISA subrogation claims, the judge put his reasoning into reality when he states: In the final analysis, the real dispute generated by ACS's...

  • Healthcare Quality versus Cost

    John Inserra | June 14, 2007 3:56 PM | 0 CommentsOmaha, NE Category: Automobile Accidents

    As reported by the New York Times:In a Pennsylvania government survey of the state's 60 hospitals that perform heart bypass surgery, the best-paid hospital received nearly $100,000, on average, for the operation while the least-paid got less than $20,000. At both, patients had comparable lengths of stay and death rates

  • Healthcare - A Start

    John Inserra | May 29, 2007 3:26 PM | 0 CommentsOmaha, NE Category: Automobile Accidents

    Finally a start to the curbing of health care costs. First, the consumer must know the cost of the service, so he or she can make a judgment about that service. Will this curtail costs? Who knows! I believe it is a least a step in the right direction.California's largest private physician practice has become one of the first doctor groups in the nation, and almost certainly the largest, to...

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