LexisNexis® Legal Newsroom
More Than $212 Million Awarded In Botox Brain Injury Case

RICHMOND, Va. - (Mealey's) A Virginia federal jury on April 28 found that Allergan Inc. negligently failed to warn that Botox could cause brain injury and awarded a 67-year-old man more than $212 million in compensatory damages, prejudgment interest and punitive damages ( Douglas M. Ray, Jr. v. Allergan...

Something for Everyone: The AMA Guides and the Central Nervous System

By Robert G. Rassp, Esq. AMA’s Guides to the Evaluation of Permanent Impairment , Fifth Edition, Chapter 13 on the central and peripheral nervous system, is one of the most important chapters in the Guides for our purposes as workers’ compensation attorneys. In most of our workers’...

Something for Everyone: The AMA Guides and the Central Nervous System

By Robert G. Rassp, Esq. AMA’s Guides to the Evaluation of Permanent Impairment , Fifth Edition, Chapter 13 on the central and peripheral nervous system, is one of the most important chapters in the Guides for our purposes as workers’ compensation attorneys. In most of our workers’...

Head Case: Superior Court Upholds Delaware IAB Decision Denying Permanent Impairment In Head Trauma Case

Cases involving head trauma are usually taken pretty seriously by the Delaware IAB. And the experienced practitioner knows that a variety of permanency can be fleshed out of a good old-fashioned knock on the noggin. As a chronic migraine sufferer (with no history of trauma), I for one am quite sympathetic...

Beating Back the Trauma: Hiring a Brain Injury Lawyer

In the news you often hear about former professional football players suffering some form of brain injury that leads to a loss of cognitive skills or loss of life. You also hear news about veterans who come back from Afghanistan or overseas that have some form of traumatic brain injury that results...

Connecticut: Employer Need Not Pay for Palliative Medical Care

A Connecticut court affirmed the finding of the commissioner that various medications prescribed by the plaintiff’s treating physician for a head injury that occurred some 18 years earlier were palliative rather than curative, and thus were not reasonable and necessary medical treatment after the...

Neuropsychologists and the AB 1542 Veto

A revision of the QME regulations was approved by the Office of Administrative Law in August 2015. One controversial part of these new regulations was the removal of neuropsychology as a designated QME specialty. Labor Code Section 139.2 provides the statutory basis for identification of QME specialties...

Missouri: Court Awards Total Benefits for Woman Trapped in Elevator

A 61-year old woman walks into an elevator at work. The scenario may start to sound like a joke. She works in customer service on the 5th floor in the employer’s building in Greene County, Missouri. The elevator falls a flight, and she isn’t rescued for an hour later. It isn’t exactly...

Conviction for Felony Is Required to Bar Psychiatric Injury Claim: Cal. Comp. Cases Advanced Postings (9/8/2016)

Here’s the latest batch of advanced postings for the September 2016 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2016 LexisNexis. All rights reserved. Ease Entertainment Services,...

Federal: Ohio Employee May Maintain Civil Action for PTSD Against Employer

Construing Ohio law, a federal district court in that state denied an employer’s motion for judgment on the pleadings in a civil action filed by an employee in which the employee alleged that he suffered severe mental pain and suffering and psychological injuries, including PTSD, after he witnessed...