Lawsuit Challenges South Dakota’s Medical Malpractice Cap

A medical malpractice complaint filed this month in Sioux Falls seeks to challenge the constitutionality of South Dakota’s cap on non-economic damages. South Dakota limits the amount of such damages to $500,000. That includes what’s commonly thought of as pain and suffering, as well as disability and disfigurement. There’s no limit to the amount of economic damages, however, including loss of wages and medical bills. The law dates to 1976, but a complaint filed by a family from Pine Ridge seeks to change it. Louis and Michelle Martin say their infant daughter suffered severe brain damage last year because of negligence by a Sioux Falls hospital, and they’ve suffered damages that amount to more than $500,000. “The goal basically is to make sure my family is OK and my daughter is OK,” said Louis Martin, the father of Aspen Martin.Though at least one legislator says its unlikely the cap will be taken up during the next legislative session, the Martins hope to foster change by taking their case to the South Dakota Supreme Court.

Please click on the link below to read the Insurance Journal article:

http://www.insurancejournal.com/news/midwest/2008/08/25/93041.htm

For more information on defending medical malpractice and nursing home matters in Florida contact Howard Citron at The Citron Law Firm, P.A. – www.citronlegal.com.

Diabetes Drug, Byetta, Tied to New Deaths

The diabetes drug Byetta, marketed by Eli Lilly & Company and Amylin Pharaceuticals, was linked to four more deaths in patients with pancreatitis, adding to two deaths announced by federal regulators last week. No definite relationship between Byetta and the deaths has been proved, and the Food and Drug Administration was aware of the additional deaths when it made its announcement last week, Amylin’s chief executive, Dan Bradbury, said on Tuesday. The company is talking with the F.D.A. about adding warnings on the drug’s prescribing information.

Please click on the link below to read the New York Times article:

http://www.nytimes.com/2008/08/27/business/27drug.html?_r=2&ref=health&oref=slogin&oref=slogin

For more information on defending medical malpractice and nursing home matters in Florida contact Howard Citron at The Citron Law Firm, P.A. – www.citronlegal.com.