Vested Interest - Tort Briefs - March 2003 Issue

$1.4M Settlement for Undiagnosed Tumor

A Chicago doctor and a medical center settled a medical malpractice case for $1.4 million with a woman whose rectal tumor allegedly went undiagnosed for nearly seven months. Upon first examination, the gastroenterologist failed to schedule a colonoscopy. The tumor matastasized to the lung and vagina, and the woman now suffers from incurable metastatic disease. (Chicago Daily Law Bulletin – January 6, 2003)

Florida Nursing Homes Skirt Med-Mal Claims

The Florida Supreme Court has rejected the nursing home industry’s latest legal attempt to block patients and their families from suing facilities for abuse and neglect. The high court ruled unanimously that plaintiffs in abuse and neglect cases aren’t required to file medical malpractice claims but can sue the facilities for wrongful death and negligence by citing the state’s Nursing Home Residents’ Bill of Rights statute. (ATLA Law News Digest – January 9, 2003)

Lawsuit Leads to Making Elevators Safe

Otis Elevator Co. will launch a national safety campaign for old elevators with swinging doors as part of a settlement with the family of an 8-year-old boy who was crushed in an elevator in Maine. His parents dropped their lawsuit against Otis, the Bethel Inn and Pine State Elevator Inspection company in exchange for $3 million and a plan to prevent future deaths on the elevators. (ATLA Law News Digest – January 16, 2003)

Unread Warning Could be Inadequate Warning

According to the Oregon Court of Appeals, the absence of any evidence that the user of a propane heater had actually read the manufacturer’s warning on the heater did not preclude a finding that the warning was inadequate. The user died from asphyxiation after running the heater in a tent. In Benjamin v. Wal-Mart Stores, Inc., there was evidence that the warning was inadequate, because it was not of a size, or in a color, that would draw a person’s attention to it. (ATLA Law News Digest – January 16, 2003)