Category Archives: Personal Injuries

Michael Pressman, ‘Aggregating Happiness: A Framework For Exploring Compensation For Lost Years Of Life’

ABSTRACT This Article addresses two questions: (1) Should a plaintiff be able to be compensated in tort for having his life shortened by a defendant’s tortious behavior (eg, by medical malpractice or exposure to carcinogens)? and (2) If he should be compensated, in what amount? This Article primarily explores these questions in the context of […]

Richard Ausness, ‘Is Litigation the Way to Combat the Opioid Crisis?’

ABSTRACT This paper examines the lawsuits brought by state and local government entities against prescription opioid producers and sellers. It examines their potential liability as well as some of the defenses they might raise. The paper also discusses multidistrict litigation and government lawsuits in state court. It concludes that litigation is not the best solution […]

Stewart and Silink, ‘Australian Civil Litigation Reform in Response to the Recommendations of the Royal Commission into Institutional Child Sexual Abuse’

ABSTRACT It has been four years since the Royal Commission into Institutional Responses to Child Sexual Abuse released its final Redress and Civil Litigation Report making recommendations for civil liability reform to improve the capacity of survivors of institutional child sexual abuse to recover civil compensation. Legislative responses to the recommendations have differed across Australian […]

Christopher Hodges, ‘COVID-19 Vaccines: Injury Compensation Issues’

ABSTRACT This analysis summarises the particular injury compensation arrangements that are needed to support adequate take-up of vaccines for COVID-19 and the compensation of those who are unlucky enough to suffer harm arising out of their use. It indicates the inadequacies of the standard liability rules and arrangements, and the advantages of compensation schemes. It […]

Alessandra Suuberg, ‘Emotional Distress Claims, Dignitary Torts, and the Plaintiff-Friendly Fiction of Reasonable Sensitivity’

ABSTRACT In 2019, an article in the University of Memphis Law Review considered whether individuals with a highly sensitive temperament are able to recover for intentional infliction of emotional distress (IIED), given the tort’s ‘reasonable person’ standard. The author argued that this standard discriminates against plaintiffs who are more susceptible to emotional harm than average. […]

Michael Pressman, ‘Hedonic-Loss Damages that Optimally Deter: An Alternative to “Value of a Statistical Life” that Focuses on Both Decedent and Tortfeasor’

ABSTRACT Plaintiffs in wrongful-death suits typically are unable to recover for the decedent’s ‘hedonic loss’ – the loss of happiness (or wellbeing) incurred as a result of the lost life-years themselves. Although this omission might not be a mistake on a backward-looking account of tort law (because the decedent is dead and arguably cannot be […]

Shivansh Shukla, ‘Tort of Medical Negligence in India’

ABSTRACT Indians, of late, have risen to the challenge of healthcare and increased their efforts to provide healthcare facilities to their underprivileged compatriots. This is primarily being done through NGOs and other organizations many of which are funded by the Government. One of the most popular ways to do so have been establishment of health […]

‘Can a clinical negligence trial be heard remotely?’

“SC (a child, suing by her mother and litigation friend, AC) v University Hospital Southampton NHS Foundation Trust [2020] EWHC 1445 (QB). Since lockdown the courts (and legal representatives) have been striving to hold remote hearings where possible. This had led to a flurry of new guidance (see for example CPR section AA Guidance for […]

‘Fatal Accident Claims’

“… In essence, because provision following fatality is entirely a creature of statute the results are arbitrary, often based on hypothesis and an assessment of chance. The cases are fact sensitive and leaves a potential for a great deal of discretion within a range of awards the Court might make. What is more, as long […]

Chunyan Ding, ‘How Much Do Expert Opinions Matter: An Empirical Investigation of Selection Bias, Adversarial Bias and Judicial Deference in Chinese Medical Negligence Litigation’

ABSTRACT This article investigates the nature of the operation and the role of expert opinions in Chinese medical negligence litigation, drawing on content analysis of 3,619 medical negligence cases and an in-depth survey of judges with experience of adjudicating medical negligence cases. It offers three major findings: first, that both parties to medical negligence disputes […]