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....
In a FELA case, the Colorado Court of Appeals on Thursday upheld a jury's decision to award a Union Pacific conductor, out of North Platte Nebraska, $6 million for injuries he suffered in a fall down the stairs of a locomotive. The claimant suffered a traumatic brain injury as a result of the fall in August 1998. A district court jury ruled that the Omaha, Neb.-based railroad was at fault...
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,...
A Nebraska railroad worker won a nearly $2.8 million verdict against the Union Pacific Railroad for a workplace injury that went to trial last week at U.S. District Court in Omaha. Kendall Walsh lost the use of his right arm after it was crushed by a concrete railroad tie that fell off a pile at an Iowa railroad crossing two years ago. A jury sided with Walsh on Friday but found him partially...
A verdict in Beaumont Texas was reported for a cumulative trauma spine injury against the Burlington Northern Santa Fe railroad.
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...
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...
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.
Accidents happen all around us. Some people get hurt, some do not. Some people have claims, some do not. Everyone has an interest in trying to eliminate accidents from happening. We all need to timely report accidents, whenever and wherever they happen, so these accidents don't keep repeating themselves, causing harm to others. Most accidents are required to be reported. If you get into a...
A rarely discussed, but very important, highway safety issue concerns traffic safety at railroad crossings. Last year, according to data from the Federal Railroad Administration Office of Safety,...
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