Posted on July 27, 2023 by Marty Aisenberg
Posted on July 11, 2023 by Vident Partners

Fentanyl is a synthetic opioid that is primarily used as a pain medication, particularly for severe and chronic pain.  It is also used with other medicines immediately before or during surgery to help the anesthetic work better.  It is a potent opioid analgesic, meaning it is a highly effective pain reliever.  When used under the supervision of a healthcare professional and according to prescribed guidelines, the risk of addiction associated with fentanyl (as with other opioid pain relievers) can be minimized.

Posted on June 27, 2023 by Marty Aisenberg

In North Shore Medical Center v. Cigna Health and Life Insurance Co. (11th Cir., No. 22-10514, 5/25/2023), the court held that the plaintiff’s expert’s report created a triable issue of material fact, and consequently the district court should not have granted the defendant’s motion for summary judgment.  In a concurring opinion, a member of the panel pointed out that one section of the defendant’s expert’s report supported the plaintiff’s position on the triable issue and hence was an independent reason for denying summary judgment.

Posted on June 13, 2023 by Vident Partners

A neurologist and a neuropsychiatrist are both medical professionals who specialize in the field of neurology, but there are some differences in their areas of expertise and the types of patients they typically treat.

Posted on May 23, 2023 by Marty Aisenberg

I was under the impression that the tobacco industry had settled all the claims against it.  I was mistaken.  The major tobacco companies settled with 46 states in 1998.  Claims by individual smokers were not covered.  A recent case that brought this fact to my attention and required me to do some research to alleviate my ignorance is Greene v. Philip Morris USA Inc. (Massachusetts, No. SJC-13330, 5/9/2023),

Posted on May 9, 2023 by Vident Partners

Toxicology is the study of the adverse effects of chemical substances on living organisms, including humans.  Toxicologists investigate the mechanisms of toxic effects, evaluate the risks and benefits of chemical exposures, and develop strategies to minimize harmful effects.  There are two categories of toxicologists: medical (MD) toxicologists and PhD toxicologists.  They share some common areas of expertise, but there are significant differences in their training, responsibilities and career paths.

Posted on April 25, 2023 by Dr. Barry Feldman

Barry N. Feldman, Ph.D., LICSW, is a nationally recognized educator, trainer, researcher, and clinical expert in the field of suicide intervention and prevention. He specializes in suicide-related training, critical incident response, and crisis stabilization services for schools, military, law enforcement, emergency medical responders, healthcare providers, veterinary medical practitioners, and other professionals. 

Posted on March 28, 2023 by Marty Aisenberg

I would have thought the answer was Yes – and not just because I’m in the expert referral business.  But I’ve just learned that, in point of fact, the answer is a resounding No.  In Laccetti v. Ellis, (No. 22-P-466, Mass. App. 3/20/23), the court cited cases from seven states and the U.S. Virgin Islands to that effect and probably could have cited more.  Only Delaware is (possibly) an exception.

Posted on December 27, 2022 by Marty Aisenberg

Today’s case is Bayes v. Biomet, (8th Cir., No. 21-2964, 9/21/2022), a lawsuit against the manufacturer of a failed metal-on-metal hip replacement.  The trial court instructed the jury on two theories of recovery:  strict liability and negligent design.  The outcome was unusual – at least, it seems unusual to me.  As the Eighth Circuit Court of Appeals explained,


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