i-law

Liability Risk and Insurance

AIG makes largest reserve addition
The US$3.5bn to be added to AIG’s reserves of US$30bn, even taking account of US$700mn coming from reinsurance makes this reserve boost the largest for some years. AIG is the world’s biggest supplier of D&O cover. Not..
Online Published Date:  01 March 2003
Appeared in issue:  152 - 01 March 2003
Max Re writes liability insurance
Bermuda based insurer, Max Re Capital, has started to write excess general liability insurance. The insurer was set up in 1999 to write alternative risk transfer products, but the move into liability insurance is its first foray into traditional..
Online Published Date:  01 March 2003
Appeared in issue:  152 - 01 March 2003
Hiscox capacity for PI Direct
Hiscox Insurance is now providing 100% capacity for PI Direct’s general professional indemnity business in place of SVB. The deal gives PI Direct the capacity to expand its book of small and medium sized enterprises (SMEs) in the traditional..
Online Published Date:  01 March 2003
Appeared in issue:  152 - 01 March 2003
Claims force motor rates up in Norway
A major increase in claims could see motor insurance rates rise by up to 10% in the second half of 2003, according to leading Norwegian insurers Gjensidige, Storebrand and Vesta. Accident claims in Norway totalled NKr8.3bn in 2002, a big increase on..
Online Published Date:  01 March 2003
Appeared in issue:  152 - 01 March 2003
£5mn for Equitable directors’ defence
Following an arbitration decision against Royal & SunAlliance, Equitable Life’s insurer, the 15 directors being sued by Equitable’s new board will receive defence coverage of up to £5mn. This may increase the cost to Equitable..
Online Published Date:  01 March 2003
Appeared in issue:  152 - 01 March 2003
Axis gains D&O business from Kemper
Axis Capital Holdings, the Bermudian insurer, is to acquire the renewal rights to business written by Kemper Insurance’s financial insurance solutions division. This includes directors’ & officers’ liability and employment..
Online Published Date:  01 March 2003
Appeared in issue:  152 - 01 March 2003
Call for Institute to fight class action suits
A US insurer has called for the industry to create an Institute for Securities Class Action Defense to fight against the growth of ‘egregious class-action securities lawsuits.’ It would be funded by insurers, agents and brokers in the..
Online Published Date:  01 March 2003
Appeared in issue:  152 - 01 March 2003
Continental rescinds WorldCom D&O cover
Continental Casualty, a subsidiary of CNA Financial, has filed a lawsuit against the former ceo and chief financial officer of US telecommunications group WorldCom. The insurer alleges that the two executives provided false financial information..
Online Published Date:  01 March 2003
Appeared in issue:  152 - 01 March 2003
Vandalism motion dismissed
Judge John Martin has dismissed a motion from Allianz that the events of 11 September were ‘vandalism’ or ‘malicious damage’ and therefore only attracted a single pay out. The matter is to be considered by a jury. However, he..
Online Published Date:  01 March 2003
Appeared in issue:  152 - 01 March 2003
T&N/R&SA non-disclosure suit commences
A suit, brought by Federal Mogul administrators on behalf of around 700 employees and their families, seeking coverage by R&SA through EL policies written for Turner & Newall between the 1960s to mid ‘70s, has commenced. T&N,..
Online Published Date:  01 March 2003
Appeared in issue:  152 - 01 March 2003
Reserving unreserved
They are all at it, reserving like mad. In no particular order of significance: Dow Chemical has set aside US$522mn to cover estimates of current and future asbestos claims with eventual potential of US$2.2bn. This contributed to a 4th quarter..
Online Published Date:  01 March 2003
Appeared in issue:  152 - 01 March 2003
Case update
Differences in breach of warranty While breach of warranty of authority normally led to damages calculated on the difference between contract price and market price, such measure was not appropriate where failure to recoup loss was a consequence of..
Online Published Date:  01 March 2003
Appeared in issue:  152 - 01 March 2003
D&O insurers hold the key
Now that everyone has had a chance to digest the Higgs report, what is the verdict? Well, it certainly follows the long line of previous reports (from Cadbury to Turnbull to Higgs) with plenty of recommendations but ultimately rejecting the..
Online Published Date:  01 March 2003
Appeared in issue:  152 - 01 March 2003
Events
Professional Indemnity 2003 9 to 11 April • Queens’ College Cambridge • A look at how the market is developing in the current ‘favourable’ environment and examination of some recent and forthcoming developments and..
Online Published Date:  01 March 2003
Appeared in issue:  152 - 01 March 2003
Legal moves
Government indemnifies tube bidders The government is providing £2bn indemnity to the bidders for the London tube operations against legal action. The indemnity is a counter to threats of legal action from London Mayor Ken Livingstone. Tube..
Online Published Date:  01 March 2003
Appeared in issue:  152 - 01 March 2003
Yacht owners liability
Yachtsure, a specialist yacht insurer, is to write yacht owners’ liability for professional crew for Red Ensign yachts which have a mandatory employer’s liability requirement. Only individual owners, companies or corporations located in..
Online Published Date:  01 March 2003
Appeared in issue:  152 - 01 March 2003
St Paul income boost
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Online Published Date:  01 March 2003
Appeared in issue:  152 - 01 March 2003
Allianz seeks 25% D&O market share
Launching a new unit to provide directors’ and officers’ liability cover of up to US$25mn for large, publicly traded companies, the Chicago-based insurer expects to become ‘one of the top three players in its target market, with a..
Online Published Date:  01 March 2003
Appeared in issue:  152 - 01 March 2003
Australians demand liability review
ARIMA, the Australian association for risk managers, has called for a high level working party to examine public liability insurance premiums and compensation payouts in Australia Bruce Ferguson, ARIMA president, said ARIMA members, were very..
Online Published Date:  01 March 2003
Appeared in issue:  152 - 01 March 2003
US auto-leasers liability bites
The extent to which auto-lease companies in New York, Connecticut and Rhode Island are held liable for accidents caused by drivers is reported to have led to a flight of insurers and a number of leasing companies going out of business. Now, along..
Online Published Date:  01 March 2003
Appeared in issue:  152 - 01 March 2003
Employer’s liability for commuting accident
A decision of the California Second District Court of Appeal in Los Angeles held that an employer may be liable for a road accident directly caused by an employee driving home after complaining that pesticide in use at work had made her ill. This,..
Online Published Date:  01 March 2003
Appeared in issue:  152 - 01 March 2003
Lack of insurance kills
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Online Published Date:  01 March 2003
Appeared in issue:  152 - 01 March 2003
Complaints force solicitors’ inspections
An increase in the number of complaints against solicitors in England and Wales have prompted the Law Society to bring in new measures such as inspections of firms and a charter of clients’ rights. The Law Society is also expanding its..
Online Published Date:  01 March 2003
Appeared in issue:  152 - 01 March 2003
PI problems for IFAs
The FSA is coming to the aid of Independent Financial Advisers who are facing problems in getting professional indemnity insurance cover. It has published a consultation paper on changes to its rules designed to increase capacity in the insurance..
Online Published Date:  01 March 2003
Appeared in issue:  152 - 01 March 2003
D&O request from former Kmart exec
Former chairman of Kmart has asked a US bankruptcy court to let him draw on a directors’ & officers’ liability (D&O) policy. The insurer, National Union Fire, is said to have blocked use of the $50m D&O policy on the..
Online Published Date:  01 March 2003
Appeared in issue:  152 - 01 March 2003
New D&O facility from Arch
Bermudian insurer Arch Insurance has formed a new $40mn facility for ‘A’ Side Directors and Officers liability insurance. ‘A’ Side coverage protects individual directors and officers where the company cannot indemnify them as..
Online Published Date:  01 March 2003
Appeared in issue:  152 - 01 March 2003
Equitable to appeal pro-Ernst & Young decision
Mr Justice Langley, in the High Court, has struck out the bulk of the £2.6bn damages claim of Equitable Life against its one-time auditor Ernst & Young. Equitable chairman Vanni Treves plans appeal claiming that in saying the probability..
Online Published Date:  01 March 2003
Appeared in issue:  152 - 01 March 2003
New accountancy rules in UK
New guidelines for accountancy firms in the UK, post-Enron/WorldCom, have fallen short of the US measures (the Sarbanes/Oxley Bill) but include important changes. The Financial Reporting Council is to take on the functions of the Accountancy..
Online Published Date:  01 March 2003
Appeared in issue:  152 - 01 March 2003
Footballer’s widow sues FA
The widow of a former footballer is to sue the Football Association over his death on the basis of an industrial disease. Jeff Astle, the former West Bromwich Albion and England striker, died from a degenerative brain disease aged 59. Astle has been..
Online Published Date:  01 March 2003
Appeared in issue:  152 - 01 March 2003
New class of disability
The Work and Pensions Secretary has announced plans for legislation extending disability rights particularly affecting the public sector, transport (banning refusal of use of bus, train or plane) and premises whereby landlords will be required to..
Online Published Date:  01 March 2003
Appeared in issue:  152 - 01 March 2003
Management companies cut employee claims
Around 70% to 80% of all claims made against associations and association directors and officers in the US are employment-related. As a result, many boards are reportedly hiring Association Management Companies (AMCs) to protect their associations..
Online Published Date:  01 March 2003
Appeared in issue:  152 - 01 March 2003
Explore no fault for EL says HSC
The Chair of the Health and Safety Commission, Bill Callaghan, has said radical options should not be ruled out, and a ‘no fault’ system should be explored, in the Government’s review of Employers Liability Compulsory Insurance. He..
Online Published Date:  01 March 2003
Appeared in issue:  152 - 01 March 2003
Legal guide to employee monitoring
A free downloadable guide has been produced by Web and e-mail filtering company SurfControl, to help with legal issues related to the monitoring of staff use of emails. ‘The Legal Guide to Employee Monitoring’ was produced in partnership..
Online Published Date:  01 March 2003
Appeared in issue:  152 - 01 March 2003
Tribunal awards increase
Tribunal awards have increased as from the start of February 2003. The Employment Rights (Increase of Limits) (No 2) Order 2002 covers the annual increase in tribunal awards. The main change is that the limit on the compensatory award for unfair..
Online Published Date:  01 March 2003
Appeared in issue:  152 - 01 March 2003
Tube derailment
Liability, at least not involving serious injury as the 11 hurt all left hospital the same or the next day, is uncertain in the Chancery Lane derailment of a Central Line train on London Underground on 25 January. The line will stay closed for at..
Online Published Date:  01 March 2003
Appeared in issue:  152 - 01 March 2003
Culpable homicide hearing
In the first case of its kind in Scotland, gas supply company Transco faces a charge of culpable homicide under the Health & Safety at Work Act arising from explosion and four deaths in a house in South Lanarkshire. Hearing will commence on 7..
Online Published Date:  01 March 2003
Appeared in issue:  152 - 01 March 2003
Expect suits from Columbia loss
Space shuttle Columbia was flying without third party liability cover, this requirement having been ended as recently as 2000. Commercial launch vehicles, however, must still carry cover of up to US$500mn. Damage caused by debris falling to the..
Online Published Date:  01 March 2003
Appeared in issue:  152 - 01 March 2003
Ice hazard to passenger planes
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Online Published Date:  01 March 2003
Appeared in issue:  152 - 01 March 2003
China doubles compensation limit
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Online Published Date:  01 March 2003
Appeared in issue:  152 - 01 March 2003
Prestige costs
While a recent estimate of cleanup costs was placed by the Spanish Finance Ministry, seeking EU funds, at US$1bn, health claims from clean-up workers could push it higher. More than 1,000 were treated in hospital between the end of November and the..
Online Published Date:  01 March 2003
Appeared in issue:  152 - 01 March 2003
Phone inquiry extended
The government-backed Mobile Telecommunications Health Research programme, already studying the effects of mobile phones, is adding phone masts to their remit. Although most masts emit a very low electromagnetic field, there are still widespread..
Online Published Date:  01 March 2003
Appeared in issue:  152 - 01 March 2003
Chemicals used in St Paul’s cleanup
Health & Safety inspectors are to investigate chemicals used in cleaning the interior of St Paul’s Cathedral in London following skin complaints suffered by workers and ecclesiastic staff. Under suspicion is a latex-containing paste, Arte..
Online Published Date:  01 March 2003
Appeared in issue:  152 - 01 March 2003
Civil penalties for Shell and Olympic
A civil settlement has been reached between the US Justice Department, the US Environmental Protection Agency (EPA), and the state of Washington, and Olympic Pipe Line Company and Shell Pipeline Company relating to environmental violations leading..
Online Published Date:  01 March 2003
Appeared in issue:  152 - 01 March 2003
GM cross-pollination legislation
The UK government is reported to be looking at liability legislation over the issue of organic farms suffering cross-pollination from genetically-modified crops grown on neighbouring farms. The Agriculture and Environment Biotechnology Commission is..
Online Published Date:  01 March 2003
Appeared in issue:  152 - 01 March 2003
Silverstein seeks defence costs
Silverstein Properties has taken action against his liability insurers seeking defence costs for claims arising from 11 September as well as coverage of valid liability claims. He also seeks ruling that NY Port Authority are also covered by his..
Online Published Date:  01 March 2003
Appeared in issue:  152 - 01 March 2003
Travelers seeks to limit BI cover to hotel
Travelers Property Casualty Corp is taking action in New York federal court for declaration to limit business interruption (BI) cover to the owner of New York Millennium Hotel (CDL Hotels USA Inc, part of British Millenium & Copthorne Hotels..
Online Published Date:  01 March 2003
Appeared in issue:  152 - 01 March 2003
Aviation companies file to avoid ground liability
Ten aviation companies including American Airlines and various security firms (United Airlines are excluded as they are in Chapter 11 bankruptcy) filed in Manhattan federal court seeking dismissal of claims for 11 September damage or casualties on..
Online Published Date:  01 March 2003
Appeared in issue:  152 - 01 March 2003
Cantor families sue fund
The families of seven employees of Cantor Fitzgerald, killed in the collapse of the Twin Towers, filed in federal District Court Manhattan against Kenneth Feinberg, administrator of the September 11 Victim Compensation Fund. They allege his..
Online Published Date:  01 March 2003
Appeared in issue:  152 - 01 March 2003
Office workers’ health concerns
Figures are to be released showing that dust in the lower Manhattan office of the Securities and Exchange Commission is contaminated with asbestos particles to far higher level than would normally require clean-up. This follows sampling by a..
Online Published Date:  01 March 2003
Appeared in issue:  152 - 01 March 2003
Barbie’s reputation on the line
A song which allegedly damaged the reputation of Barbie Doll, and infringed on Mattel’s trademark, has been called a parody and social commentary by judges – as a result a case brought by the toymaker has been thrown out by the US..
Online Published Date:  01 March 2003
Appeared in issue:  152 - 01 March 2003
More sex claims
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Online Published Date:  01 March 2003
Appeared in issue:  152 - 01 March 2003
Sniper victims sue gun suppliers
Relatives of two victims (James Buchanan and Conrad Johnson) of the New York sniper are suing gun-maker Bushmaster Firearms Inc alleging gross negligence in selling to a shop that, according to government audits, was unable to account for over 200..
Online Published Date:  01 March 2003
Appeared in issue:  152 - 01 March 2003
US companies targeted for misdeeds of foreign governments
A number of suits have been filed in the US seeking to hold US companies liable for the misdeeds of foreign governments, this particularly in relation to workplace standards and human rights. Brought under the Alien Torts Claims Act of 1789, which..
Online Published Date:  01 March 2003
Appeared in issue:  152 - 01 March 2003
Nine years too long for setting of standards
The 3rd US Circuit Court of Appeals has ordered the Occupational Safety and Health Administration (OSHA) and the two groups that brought action against it (a public health group and a trade union) to enter negotiation of not more than 60 days. This..
Online Published Date:  01 March 2003
Appeared in issue:  152 - 01 March 2003
KPMG targeted
The Missouri insurance department has filed suit against KPMG for its alleged contribution to the failure of General American Life Insurance, three years ago. Its problems arose from the mass sell-off of short-term investments on KPMG’s..
Online Published Date:  01 March 2003
Appeared in issue:  152 - 01 March 2003
Another ‘Tyco’ payment
Tyco International, having settled with the New Hampshire regulator for US$5mn, now sees Frank Walsh, a former non-executive director, pay US$22mn to settle charges that he defrauded the company when it bought CIT group. This through failure to..
Online Published Date:  01 March 2003
Appeared in issue:  152 - 01 March 2003
Limitation lifted for one year
For the year 2003, California has lifted the statute of limitation for actions for sexual abuse, these being brought mainly against churches and other institutions. In a separate move, the Archdioceses of Los Angeles and of Orange County are now in..
Online Published Date:  01 March 2003
Appeared in issue:  152 - 01 March 2003
Slave labour law unconstitutional
Claims against Japanese and German companies by slave labourers during World War Two were rejected by the 9th Circuit Court of Appeals in San Francisco. The court ruled that the state law suspending the statute of limitations for former prisoners of..
Online Published Date:  01 March 2003
Appeared in issue:  152 - 01 March 2003
Landmark toxic mould claim cut
Court of Appeals in Texas has drastically cut an award made in a toxic mould claim – from $32mn down to just $4mn. The court dismissed the punitive and mental anguish elements of the $32mn award made in May 2001 The court also ordered the..
Online Published Date:  01 March 2003
Appeared in issue:  152 - 01 March 2003
US Tort costs up 14.3% in 2001
The US tort system cost $205bn in 2001, representing a 14.3% increase in tort costs since the year 2000. This is according to a report by Tillinghast – Towers Perrin entitled ‘US Tort Costs: 2002 Update,’ which also found that US..
Online Published Date:  01 March 2003
Appeared in issue:  152 - 01 March 2003
‘Smoking gun’
Affidavit by Robert Ricker, former head of the American Shooting Sports Council, will strengthen anti-gun claims. He says that executives in the gun industry have long known that some dealers they supplied were selling guns to criminals. This will..
Online Published Date:  01 March 2003
Appeared in issue:  152 - 01 March 2003
Jury awards up
The US National Law Journal reveals that the dollar amount involved in the top 100 jury awards in 2002 in the US were up by 350% over the previous year. Punitive damage verdicts were awarded in 22 of the 50 largest cases in 2002, the same as in..
Online Published Date:  01 March 2003
Appeared in issue:  152 - 01 March 2003
ABB/Combustion Engineers plan
Swedish-Swiss engineering group ABB has put forward a US$1.2bn settlement plan for its US subsidiary Combustion Engineers as part of Chapter 11 reorganisation. A charge of up to US$300mn will be made against ABB’s fourth quarter 2002, added to..
Online Published Date:  01 March 2003
Appeared in issue:  152 - 01 March 2003
New York ruling on medical criteria
A judge has ruled that asbestos liability claimants in New York County must meet minimal medical criteria before their case can be placed on an active court docket. He noted that only 2,000 of 21,000 claimants in the state actually suffered from..
Online Published Date:  01 March 2003
Appeared in issue:  152 - 01 March 2003
HVBG expectations
HVBG, the German commercial employers’ health and accident association, expects some 20,000 asbestos-related deaths in Germany over the next 20 years costing ‘well above €10bn’. In 2001 it registered 931 such deaths and..
Online Published Date:  01 March 2003
Appeared in issue:  152 - 01 March 2003
Honeywell reaches settlement
Shortly after setting aside US$900mn for asbestos liabilities, US group Honeywell International has reached settlement with 90% of claimants against its former brick and cement unit, NARCO, which it sold in 1986. A trust will be established to pay..
Online Published Date:  01 March 2003
Appeared in issue:  152 - 01 March 2003
Georgia-Pacific charge uninsured
The fourth quarter charge of US$315mn for asbestos defence and liability costs, is not covered by insurance. Of the expected total gross liabilities for the years 2003–2012 of US$1.2bn about half will be insurance covered. With 270,000 claims..
Online Published Date:  01 March 2003
Appeared in issue:  152 - 01 March 2003
Hawaiian asbestos suits
A number of lawsuits filed in Hawaii against US insurer Travelers Property Casualty which allege that the insurer attempted to force claimants to accept low settlements on asbestos-related claims. Similar lawsuits have been filed in four other US..
Online Published Date:  01 March 2003
Appeared in issue:  152 - 01 March 2003
EU insurers’ asbestos info inadequate
A US analyst has warned that European Union (EU) insurers should provide their shareholders with better information on their asbestos exposures. The current disclosure was described as limited, patchy and inadequate, and much worse than that..
Online Published Date:  01 March 2003
Appeared in issue:  152 - 01 March 2003
ABA supports cut in asbestos lawsuits
The American Bar Association’s mid year meeting has voted in favour of supporting federal measures to limit asbestos lawsuits. The Association support establishing medical criteria for claims for non-malignant asbestos-related disease in..
Online Published Date:  01 March 2003
Appeared in issue:  152 - 01 March 2003
Slight risk not an injury
The Louisiana Supreme court has ruled that a slightly increased risk of future cancer from asbestos-laden dirt is not an injury at the present time, thus overturning a US$471,000 award to two families against Conoco Inc. However, the court upheld a..
Online Published Date:  01 March 2003
Appeared in issue:  152 - 01 March 2003
Crown immunity upheld
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Online Published Date:  01 March 2003
Appeared in issue:  152 - 01 March 2003
Two pro-tobacco decisions
A state court jury in Sacramento has held that Philip Morris and RJReynolds could not be held liable, under product liability law, for the cancer of a long-term smoker who had argued the companies had developed and sold a product they knew to be..
Online Published Date:  01 March 2003
Appeared in issue:  152 - 01 March 2003
Verdict on vCJD death
After five years campaign, the father of Pamela Beyless one of five victims of vCJD in the village of Queniborough, succeeded in winning a coroner’s hearing. This recorded death from misadventure, Leicester coroner Martin Symington being..
Online Published Date:  01 March 2003
Appeared in issue:  152 - 01 March 2003
New regulations on supply of goods
The Sale & Supply of Goods to Consumers Regulations 2002 (SI No 3045), implementing an EU Directive, will extend areas of consumer protection. The main components are: new consumer rights to repair or replacement, reduction of price or..
Online Published Date:  01 March 2003
Appeared in issue:  152 - 01 March 2003
Hair dye risk
The European Consumers’ Organization (ECO) is urging regulators to alert the public to the risk of bladder cancer from the use of certain permanent hair dyes. Regulators and industry say there is no conclusive evidence thereof. The ECO cites..
Online Published Date:  01 March 2003
Appeared in issue:  152 - 01 March 2003
First tranche of obesity suits fall, but…
A New York court has rejected a suit alleging injury to children through obesity from eating hamburgers and suchlike foods. Replacing the suit of adult Caesar Barber, teenager Samuel Hirsch was the lead case alleging that McDonald’s lured..
Online Published Date:  01 March 2003
Appeared in issue:  152 - 01 March 2003
Never mind the botox
A leading US dermatologist has warned that people who have botox injections, designed to reduce the signs of ageing, may develop new wrinkles because of the injections. Where facial muscles are temporarily paralysed by the botox, nearby muscles..
Online Published Date:  01 March 2003
Appeared in issue:  152 - 01 March 2003
Mobile phone research
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Online Published Date:  01 March 2003
Appeared in issue:  152 - 01 March 2003
DAV to settle Essen breast cancer claims
German insurer Deutsche Arzte-Versicherung Allgemeine (DAV) to settle a major medical liability case for €10mn. This involving 169 women who received false diagnoses of breast cancer, for unexplained reasons, from Essen-based pathologist..
Online Published Date:  01 March 2003
Appeared in issue:  152 - 01 March 2003
Dexamethasone
A small item in the newsletter of the Association of Personal Injury Lawyers (APIL) of December 2002 refers to research showing that a three day course Dexamethasone administered shortly after birth to a pre-term infant with respiratory distress..
Online Published Date:  01 March 2003
Appeared in issue:  152 - 01 March 2003
More Gulf Syndrome inoculations?
The Ministry of Defence has confirmed that some soldiers preparing to go to the Middle East have been given the same multiple inoculations as are suspected of causing Gulf War Syndrome. This despite the statement, a few days ago, of Defence..
Online Published Date:  01 March 2003
Appeared in issue:  152 - 01 March 2003
Epilepsy misdiagnoses
A report by Dr Allan Coe, medical director of the University Hospitals of Leicester NHS Trust in association with the British Paediatric Neurology Association, has found that consultant Dr Andrew Holton misdiagnosed nearly one third of those..
Online Published Date:  01 March 2003
Appeared in issue:  152 - 01 March 2003
Some Alder Hey families continue litigation
Most of the 1,154 claimants in the Alder Hey Hospital infant organ storage scandal have accepted the court-approved offer of £5,000 each. However, 13 have refused and Mr Justice Gage in Nottingham Crown Court has granted them leave to join..
Online Published Date:  01 March 2003
Appeared in issue:  152 - 01 March 2003
MoD argues in court on Gulf War Syndrome
Following last May’s ruling by the war pension tribunal that a former Parachute Regiment medical officer who served in the Gulf War of 1991 suffered from a ‘syndrome’ of illnesses ie Gulf War Syndrome (the first official..
Online Published Date:  01 March 2003
Appeared in issue:  152 - 01 March 2003
Smallpox vaccine compensation?
An article in USA Today, 20 January 2003, focuses on attempts to set up a compensation fund for people expected to suffer health injury through the US programme of widespread vaccination of hospital and public health workers against the risk of..
Online Published Date:  01 March 2003
Appeared in issue:  152 - 01 March 2003
HMOs in arbitration suit
Suit in the US alleging that three of California’s largest health maintenance organizations (HMOs) are unlawfully forcing patients into the arbitration process to resolve disputes. The charge is that the HMOs failed to inform patients about..
Online Published Date:  01 March 2003
Appeared in issue:  152 - 01 March 2003
Nicotine in possible cancer link
A report in the Journal of Clinical Investigation entitled ‘Nicotine – Worse than we thought?’ suggests that nicotine and its derivatives might promote cancer development and progression. Previously it was assumed that tar was the..
Online Published Date:  01 March 2003
Appeared in issue:  152 - 01 March 2003
Obstetricians stop delivering
Wall Street Journal reports that the steep rise in medical malpractice cover has meant that around 40% of obstetricians in New York, Texas and a number of other US states have stopped delivering babies. The report quotes a Texas-based recruitment..
Online Published Date:  01 March 2003
Appeared in issue:  152 - 01 March 2003
Misleading claims for optical laser survey
The Consumers’ Association has produced a report showing that the potential risks of laser eye surgery to overcome short-sightedness are not being communicated to the public. In addition, complication rates vary dramatically between surgeons..
Online Published Date:  01 March 2003
Appeared in issue:  152 - 01 March 2003
Synthetic clotting factor for haemophiliac patients
Patients in England to receive the same treatment as those in the rest of the UK and given recombinant synthetic clotting factor with blood transfusions. During the waiting years hundreds of patients have been infected with HIV and even more with..
Online Published Date:  01 March 2003
Appeared in issue:  152 - 01 March 2003
Awards & settlements
Overlong detention in hospital of five psychiatric patients under the Mental Health Act, through failure to carry out speedy review, a breach of human rights. Damages range from £1,000 to £4,000 according to length of delay. Further..
Online Published Date:  01 March 2003
Appeared in issue:  152 - 01 March 2003
Brando sued by PA
Marlon Brando is being sued by his former personal assistant on the grounds that the actor allegedly demanded the repayment of $185,000 which she says was not a loan but a gift. The money was given to the PA in order to buy a home. She claims Brando..
Online Published Date:  01 March 2003
Appeared in issue:  152 - 01 March 2003
Sacked soccer manager settles
A sacked football manager has received a £37,500 out-of-court settlement. Gudjon Thordarson, Stoke City’s ex-manager, had taken the club to an employment tribunal and was claiming £100,000 in compensation for unfair dismissal. He was..
Online Published Date:  01 March 2003
Appeared in issue:  152 - 01 March 2003
Damages for police widow
A police officer’s widow has received £425,000 in damages. The officer was killed when attempting to stop a 16 year old car thief in 1999. The 34 year old officer had set up a car block on the motorway using a stinger device, but the..
Online Published Date:  01 March 2003
Appeared in issue:  152 - 01 March 2003
Italian wrongful arrest award
An Italian man who was arrested and served seven years in jail for an offence he did not commit has been awarded $4mn in compensation. He was arrested for drug dealing in 1993, and sentenced to 18 years, but the police later admitted they had..
Online Published Date:  01 March 2003
Appeared in issue:  152 - 01 March 2003
Rollercoaster death
A mother whose daughter was killed in a fall from a rollercoaster ride in 1999 has received £15,000 in compensation from the owner of the Amusement Park involved. The 8 year old girl was thrown against a metal post as she fell from the..
Online Published Date:  01 March 2003
Appeared in issue:  152 - 01 March 2003
Head injuries in field
A trainee riding instructor has been awarded £495,000 damages for severe head injuries sustained in a field of horses owned by a stables. She was collecting horses from the field, and was found an hour later unconscious. Events leading to..
Online Published Date:  01 March 2003
Appeared in issue:  152 - 01 March 2003
Baby in car crash
A child, three months old at the time, which suffered major head injuries in a road crash has received nearly £3m in damages. The child’s mother was killed in the collision with a lorry. The eight year old child has severe mobility and..
Online Published Date:  01 March 2003
Appeared in issue:  152 - 01 March 2003
No X-ray for fractured skull
A 51-year-old man who was discharged from hospital without an X-ray after his skull was fractured in an attack has been awarded £1.78m damages. Further delays before x-ray and surgery resulted in epilepsy, memory loss, lack of coordination in..
Online Published Date:  01 March 2003
Appeared in issue:  152 - 01 March 2003
FSA extends mis-selling deadline
The Financial Services Authority (FSA) has extended the deadline for compensation claims from victims of endowment mis-selling. If policyholders originally received a red re-projection letter (‘there is a high risk that your endowment policy..
Online Published Date:  01 March 2003
Appeared in issue:  152 - 01 March 2003
Muscovites sue under new law
Using a recent anti-terrorism law making local authorities liable for damages therefrom, 61 hostages or relatives of the recent theatre siege have filed suit seeking a total of £40mn compensation. Alleging negligence in allowing the terrorists..
Online Published Date:  01 March 2003
Appeared in issue:  152 - 01 March 2003
Railtrack shareholders ready to sue
Having succeeded in raising the requisite £2mn they believe to carry through litigation ‘as far as the House of Lords’, the Railtrack Private Shareholders Action Group will, if the latest talks fail, launch legal action. Stemming..
Online Published Date:  01 March 2003
Appeared in issue:  152 - 01 March 2003
Low-paid challenge congestion charges
Low paid workers with unsocial hours, market porters and traders, theatre and restaurant staff who, through lack of public transport early and late have no alternative but to drive to work in central London, and preparing an action for breach of..
Online Published Date:  01 March 2003
Appeared in issue:  152 - 01 March 2003
Group claim dismissed
A group litigation claim by 55 passengers against a number of international air carriers arising out of deep vein thrombosis has been dismissed on the basis of a technical analysis of the Warsaw Convention and EC regulation 2027/97/EC. It is said to..
Online Published Date:  01 March 2003
Appeared in issue:  152 - 01 March 2003
Equitable claim thrown out
Claim by Equitable Life for damages from its former auditor Ernst & Young thrown out by High Court. Claim based on alleged failure of auditor to advise Equitable about liabilities related to guaranteed annuity policies. Claim for damages of up..
Online Published Date:  01 March 2003
Appeared in issue:  152 - 01 March 2003
Europe appeal for UK serviceman
A former UK serviceman is to appeal to the European Court of Human Rights after his asbestos case was rejected by the House of Lords. Alan Matthews claims to have become ill after being exposed to asbestos whilst working for the Royal Navy. He..
Online Published Date:  01 March 2003
Appeared in issue:  152 - 01 March 2003
IBM in Holocaust lawsuit
The Gypsy International Recognition & Compensation Action (GIRCA), an association of more than 600 Romany organisations, is reported to be suing IBM for providing punchcards and early computing devices to Nazi Germany to help the regime in the..
Online Published Date:  01 March 2003
Appeared in issue:  152 - 01 March 2003

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