Pain and Suffering Claims Reinstated in Nursing Home Malpractice Case

The First Circuit Court of Appeals has reinstated a plaintiff’s pre-mortem pain and suffering claim that was initially dismissed by the district court. The claim is part of a 2014 case involving a woman who had been transferred to a New York City nursing home after hospitalization for severe respiratory distress and pneumonia, where she eventually died of cardiac arrest … Read the rest

Appellate Division Lets Plaintiff Keep $1.2 of $1.75 Million Verdict for 1-2 Hours of Decedents Pain and Suffering

In Dowd vs. New York City Transit Authority, 2010 WL 4678916 (November 16, 2010), the 79-year old decedent was struck by a bus that was backing out of a parking space at the bus terminal located at 165th Street and Merrick Boulevard in Queens. Part of the maneuver needed to exit from the parking space required a bus operator … Read the rest

FDA Approves Tapentadol Hydrochloride, The First New Drug In Its Class In More Than 25 Years for the Relief of Moderate to Severe Acute Pain

According to the American Pain Foundation, more than 25 million Americans experience acute pain each year as a result of injuries or surgeries, and a recent study estimated that 42 percent of U.S. hospital emergency department visits were due to pain-related problems. Acute pain is a symptom of many medical conditions and can significantly interfere with a person’s quality of … Read the rest