April 17, 2008

Ford Explorer Setlement Approved

In litgation that is a byproduct of the Ford Explorer rollover lawsuits, Ford Explorer owners will be "compensated" in a settlement because of the loss of value of the Explorer because of the perceived rollover danger. This settlement covers about 800,000 people who purchased Explorers in California, Connecticut, Illinois and Texas.

Unfortunately, the only people who will get a significant recovery will be the lawyers who brought these claims. Explorer owners will only be eligible for vouchers for $300 to purchase new vehicles Ford or Lincoln Mercury vehicles (or $500 off the Ford Explorer). Practically, the car dealers will just negotiate a higher sales price on the car the sale of the car, reducing the list price less than they otherwise would.

Accordingly, this settlement is worthless to everyone except for the lawyers bringing these claims. The frustrating thing about this is that 800,000 people see this settlement and think, "Geez, what a scam, the only people that really profit from this are the lawyers." For personal injury victims and their lawyers, this does not help when one of these 800,000 people shows up on a jury.

March 18, 2008

Nursing Homes: Anti-Psychotic Drugs Nursing Homes

According to the Centers for Medicare and Medicaid Services, anti-psychotic drugs were prescribed to 26% of nursing home residents without a diagnosed psychotic or related condition, in other words, off label prescriptions to sedate patients that may or may not need it. Connecticut was second only to Louisiana in dispensing such medications.

Nursing homes in Connecticut and elsewhere are prohibited by federal law from dispensing medications for the purposes of discipline or convenience of the nursing home. (I don't know about you but it depresses me that anyone would think to give an anti-psychotic drug as as discipline.) This has not stopped a lot of nursing homes from dispensing these drugs for reasons that having nothing to do with the patient's best interests.

In Connecticut, I would keep a close eye on Chelsea Place Care Center in Hartford and Wethersfield Health Care Center in Wethersfield two facilities that have had problems but are beginning to improve, according to the federal government.

A recently released federal report shows that



February 8, 2008

Voir Dire in Connecticut

The Maryland Injury Lawyer Blog yesterday was discussing an article about Voir Dire in Maryland and how quick and expedited the Maryland voir dire is. Voir dire is the procedure by which a jurors are question by the parties' lawyers and/or the trial judge.

Connecticut is the exact opposite of Maryland. Connecticut is one of a small minority of states that questions jurors in voir dire individually rather than in a group. Neither the federal government nor any of our sister states employ Connecticut's individual voir dire selection for juries. Voir dire in places like Maryland and South Carolina can take less than an hour. According to a National Law Journal article, voir dire in Connecticut typically takes 16 hours.

February 8, 2008

Connecticut Personal Injury Verdicts

A recent study conducted by Jury Verdict Research found the median compensation in personal injury trials in Connecticut is $17,391 and injury victims obtain a financial recovery in 58% of cases that go to trial. This is less than half the national average.

One reason why the personal injury verdicts in Connecticut are particularly low is that the small claims limit maximum in personal injury cases is $5,000. Accordingly, Connecticut personal injury lawyers are required to seek jury trials for smaller cases that would not warrant a jury trial in other jurisdictions. So the number, while disconcerting for Connecticut injury victims and their lawyers, may be someone misleading.

December 21, 2007

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Welcome to our blog covering injury law and policy throughout the United States.