A man with preexisting hearing loss, who was injured in a work-related accident, was entitled to benefits from the Second Injury Fund, the Missouri Court of Appeals has held.
Read More »Appeals court lowers burden for claimants with stress
A highway department employee who worked at the scene of hundreds of catastrophic automobile accidents did not have to compare her work-related stress to that of similarly-situated employees to receive benefits for her resulting mental injury, according to the Missouri ...
Read More »Court debates impact of informed consent evidence
The Missouri Court of Appeals says evidence that a plaintiff signed an informed consent can be prejudicial when the plaintiff only brings a medical negligence claim, but a plaintiff who attacked informed consent evidence in her medical negligence action by ...
Read More »Wrongful death was wrong theory in deadly tumor suit
In what came as a surprise to both sides, the Missouri Supreme Court on Tuesday said a doctor alleged to have missed a man’s fatal brain tumor cannot be sued for his wrongful death — but he can be sued ...
Read More »Contraception challenge prepares to come home
Missouri has the distinction of being home to the only federal appeals court in the country to rule against the U.S. government in a still-raging dispute over contraception. As litigation prepares to start again, will that be a distinction without ...
Read More »Bill to change value of medical damages goes to governor
When the Republican-led Missouri Legislature overhauled the state’s tort laws in 2005, lawmakers considered a major change to the way evidence of medical damages would be introduced in personal injury suits. The final version of the bill settled on a ...
Read More »Precedent rules in wrongful death case
Four years ago, when the Missouri Supreme Court threw out caps on noneconomic damages in medical malpractice cases by overturning a 20-year-old case to the contrary, Judge Mary R. Russell made an unsuccessful plea for the court to respect precedent. ...
Read More »Appeals court looks at personhood of frozen embryos
Whether a frozen embryo should be considered a person is at the heart of a case the Eastern District Court of Appeals heard on June 1.
Read More »Subsection shuffle might restore interest for med mal judgments
The Missouri Supreme Court is considering whether state law now allows — possibly inadvertently — post-judgment interest on medical malpractice awards.
Read More »Supreme Court weighs wrongful death suit for terminal illness
The Missouri Supreme Court last week heard a case that raises thorny questions of mortality. The case involves the death of Joseph Mickels, who was discovered in February 2009 to have an aggressive brain tumor and, despite surgery, died June ...
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