Category Archives: Healthcare

New York’s Bar on Personal Injury Settlement Liens Upheld

Plaintiffs in New York products liability cases which settle – a category encompassing most such cases – need not reimburse their private health insurer for health care costs, under a 2009 New York statute, General Obligations Law sec. 5-335. The statute created a presumption that a personal injury settlement does not include any compensation for the cost of health care services paid by the injured person’s health benefit provider.  For years prior to the enactment, private health insurers asserted liens or “rights of recovery” against…

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Debate Over Mandatory Vaccinations for Health Care Employees Continues After Nurse Awarded $11.6 Million Dollars After Becoming Paralyzed

Sarah Behie worked at a hospital in Pennsylvania as a nurse when she received a flu vaccine in 2010. Several weeks after receiving this vaccine she started to develop severe tingling and weakness in her extremities. She was subsequently diagnosed with a neuromuscular disease and has purportedly lost the use of her legs and has limited use of her upper body. As a result of this severe adverse reaction to the vaccination, the nurse can no longer work and she has been hospitalized and in…

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Worked to Death? Family of Deceased Nurse Sues Employer

In the 24/7 healthcare world, it is not uncommon for nurses and other health care professionals to work long hours and overnight shifts. In a recent case in Ohio, a family of a deceased 38 year old nurse is suing The Jewish Hospital of Cincinnati where she used to work as a nurse in the bone marrow unit. A year ago, the nurse lost control of her vehicle driving home after completing a 12 hour shift at the hospital and passed away.  The hospital and…

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