Articles Posted in Nebraska

Lincoln County, Nebraska reached a settlement in a inmate suicide lawsuit with the sister of the decedent.

Sounds like a tough claim, right? The wrongful death lawsuit claims that his jailers failed, “to properly monitor [the victim]” and that they should have known he was a suicide risk. Why? Because a reasonable person would know he was trying to kill himself when he got arrested in the first place. Helping the case: the victim never should have been arrested in the first place, a grand jury later found.

A sympathetic victim also probably drove the settlement. He suffered post-traumatic stress disorder after serving in the military from 2001 to 2004 (presumably in Iraq or Afghanistan).

The parents of a Maryland family have filed a lawsuit in Nebraska that invokes a 2003 Nebraska state law for the first time.

In September, a horrific Nebraska car accident claimed the lives of parents, their two children, and an unborn child. The law, extending legal protection to fetuses at any stage of development, is being invoked for the first time since its inception in 2003 in a wrongful-death lawsuit filed by the parents of the family.

Numerous people involved with passing the Nebraska law said they were unaware of it being used in court before. It appears there is no precedent for it. Certainly, it stirs up a lot of political and emotional issues. It will be interesting to see how this tragic case plays out.

The Nebraska Supreme Court has has agreed that a lawsuit arising from injuries suffered by a woman whose family purchased a used car from a car dealer that allegedly failed to inspect the car. The court held that under these facts, the dealer was obligated to warn consumers about potential defects.

Lieff Cabraser Heimann & Bernstein put our a press release on a Yaz lawsuit last month involving a 33 year-old woman who brought a state court claim in New Jersey.

Plaintiffs’ Yaz lawyers allege in the lawsuit that Yaz is a dangerous prescription drug sold without appropriate warnings about the risk of serious injuries. In this case, Plaintiff’s lawsuit claims that Bayer improperly advertised and over-promoted Yaz for treating acne while knowing that the risks of using Yaz for this purpose outweighed any benefits Yaz could bring. Obviously, there are other drug on the market that would seem to have a more favorable safety profile than Yaz.

The press release quotes the the Plaintiff bringing the Yaz lawsuit:

The Missouri Supreme Court ruled in Sides v. St. Anthony’s Medical Center, that plaintiffs in a medical malpractice cases in Missouri may rely on an expert’s opinion that the injury would not have happened in the absence of the defendants’ negligence even without a specific proof of a negligent act. The court adopted the Restatement of Torts rule that if a medical malpractice plaintiff cannot demonstrate which specific act of negligence caused the injury but is able to demonstrate the potential causes are within the control of the doctor, and the injury would not occur in the absence of negligence, then a medical malpractice plaintiff has jumped over the motion to dismiss/summary judgment hurdle.

The defendant’s medical malpractice lawyer argued that Hasemeier v. Smith, 361 S.W.2d 697 (Mo. banc 1962), an OB/GYN medical malpractice case, was controlling. In that case, the court found that generally res ipsa loquitur is not applicable in medical malpractice cases. The Missouri Supreme Court did not overrule Hasemeier but it may as well have.

The Missouri high court’s ruling in this case is consistent with common sense and, as the court noted, the trend in many other states including Kentucky, Nebraska and New York.