This past week Attorney James Sabatini argued a case before the Connecticut Supreme Court. The case involved a failure to obtain informed consent claim brought by the firm on behalf of our client against an oral surgeon. Our client alleged that he suffered nerve damage as result of a tooth implant procedure and that prior to the procedure the doctor failed to disclose the material risk of nerve damage to him. The issue before the CT Supreme Court was whether a failure to obtain informed consent cause of action required a written opinion letter pursuant to C.G.S. Section 52-190a to be attached to the lawsuit. Attorney Sabatini argued that the statute did not apply to failure to obtain informed consent claims since such a claim is judged on a lay standard versus an expert standard.Read More
On October 13, 2010 Judge David Herndon, who is presiding over the federal court YAZ and Yasmin MDL, ordered trial dates for bellwether trials. The order further identified the order of the three bellwether trials, the dates of the trials, and the claimed injury in the cases. The schedule is set forth below.
1. The first trial is set September 12, 2011. This will be a pulmonary embolism (PE) case.
2. The second trial is set January 9, 2012. This will be a gallbladder (GB) case.
3. The third trial is set April 2, 2012. This will be an additional thromboembolic (VTE) case.Read More
There is a potential new test for brain injuries currently in development. Researchers are closing in on identifying biomarkers that would allow diagnosis of brain injuries with a simple blood test. The biomarkers are proteins produced by an injured brain. Such testing could allow for quicker diagnosis of a brain injury and quicker appropriate medical treatment. For example, brain injury is not just an immediate injury. It is a disease process that can last for days following the traumatic event. During that time, a cascade of biomarker proteins are produced. This suggests that the brain damage continues to take place. If a simple blood test could result in an immediate diagnose, earlier medical intervention could prevent the additional brain damage from occurring.Read More
Chris Henry, the Cincinnati Bengals wide receiver who died in a traffic accident last year, had chronic traumatic encephalopathy (CTE) — a form of degenerative brain damage caused by multiple hits to the head — at the time of his death, according to scientists at the Brain Injury Research Institute, a research center affiliated with West Virginia University. Researchers have now discovered CTE in the brains of more than 50 deceased former athletes, including more than a dozen NFL and college players, pro wrestler Chris Benoit and NHL player Reggie Fleming. Repeated blows to the head are the only known cause of CTE, researchers say. Concussive hits can trigger a buildup of toxic tau protein within the brain, which in turn can create damaging tangles and threads in the neural fibers that connect brain tissue. Victims can lose control of their impulses, suffer depression and memory loss, and ultimately develop dementia.Read More
Almost one year ago, an Air France jetliner crashed into the Atlantic Ocean. Flight AF447 crashed on June 1, 2009 killing all 228 people onboard. Efforts to locate the flight-data and cockpit voice recorders commenced shortly after the crash; however, to date, have not been discovered. The digital devices do not float and are presumed to be resting somewhere in the ocean floor. The digital devices do emit a signal, but the signal dies about 30 days after activation. Lat year as the French Navy was looking for the black boxes, signals were detected by one of its submarines. However, the French navy at that time could not determine whether the signals came from the black boxes. Recently, the improved software was developed to better analyze the data and now it is believed that the signals detected do come from the black boxes. This should prove to be a significant step in locating the black boxes. It narrows the search area to roughly the size of Paris. Locating and retrieving the black boxes is crucial to determine what caused this terrible aviation disaster.Read More