From the Wall Street Journal:

BP Doesn’t Deserve a Liability Cap
By RICHARD A. EPSTEIN

Our national frustration continues to rise with each new drop of BP oil that leaks into the Gulf of Mexico. Everyone knows we can’t legislate away environmental risks without consigning ourselves to the Stone Age. What’s needed going forward is a comprehensive legal strategy that addresses the risks though a combination of regulation before the fact and tort liability (and criminal sanctions where appropriate) afterwards.

Tort remedies are essential to protect people (and their property) who do not have contractual relations with defendants from harms such as air and water pollution. The legal system should never allow self-interested parties to keep for themselves all the gains from dangerous activities that unilaterally impose losses on others—which is why the most devout defender of laissez-faire must insist, not just concede, that tough medicine is needed in these cases. The fundamental question here is one of technique: What mix of before and after sanctions will do the job at the lowest cost?

The first element in the mix is a no-nonsense liability system that fastens full responsibility on the parties who run dangerous operations, no excuses allowed. Accordingly, we have to be especially wary of statutory caps on tort damages, including the current law, under which, in the case of the oil industry, the “total of liability . . . with respect to each incident shall not exceed for an offshore facility except a deepwater port, the total of all removal costs plus $75,000,000.” That $75 million is chicken feed. Fortunately, the law removes that cap if the incident was caused by “the gross negligence or willful misconduct” of any party, or its failure to comply with any “applicable Federal safety, construction, or operating regulation.”

To truly have a “system of justice”, you can not have liability caps–for BP or any other negligent actor.

Actor Dennis Quaid sues drug maker

Actor Dennis Quaid and his wife Kimberly have filed a lawsuit against a drug maker alleging similar labels for the blood thinner Heparin and a less potent drug caused a mix-up at Cedars-Sinai Medical Center threatening the lives of his newborn twins in 2007.

Quaid filed the lawsuit Friday in Los Angeles Superior Court on behalf of his children against Baxter Healthcare Corp. The suit seeks unspecified damages.

Both Heparin and the lower dose version, Hep-lock, are packaged in similar vials with blue backgrounds and very small print on both labels, according to the complaint.

Quaid’s twins, who were born in November 2007, were both administered multiple near-fatal doses of Heparin to treat staph infections, according to the lawsuit.

The children, Zoe Grace and Thomas Boone, were given 10,000 units of Heparin, rather than the 10 units of Hep-Lock they were prescribed, according to the complaint.

Baxter Healthcare should have recalled the vials of Heparin containing 10,000 units because the company knew infants had died because of similar medication errors, according to the lawsuit.

The company also was obligated to warn healthcare providers of the previous medication mistakes, the suit states.

The children suffered internal injuries and shock, but the extent of what happened to them will probably not be known for years, according to the suit.

Newborns and infants are often given Hep-Lock to flush their prevent clotting because their intravenous lines are so small . . . .

The twins’ overdose is just one of the estimated 100,000 fatalities stemming from medical errors that occur every year in American hospitals and from pharmaceuticals. If you or a loved one have been injured by medical malpractice or through a medication errorand would like to talk with an experienced Nebraska defective drug lawyer, call the Keating, O’Gara Law Firm at 888/234-0621 for a free consultation.

Encouraged by the many students he has taught legal writing to over the years as an adjunct professor at the UNL College of Law, Gary put his survival tips into a very readable guide he dubbed Law School Ninja.

The book is now available at Amazon.com.

Remboldt Luedtke partner Troy Kirk, a former student of Gary’s, posted this review at Amazon:

Gary Young’s combination of wit and unconventional wisdom makes Law School Ninja a fantastic read, particularly for any first year law student hoping to excel in law school. The book provides a concise compilation of several practical insights and tools necessary for succeeding in the dreaded 1L year and beyond. If you are a prospective law student who intends to compete for the top jobs out of law school, you need to read this book. I only wish I would have had Young’s wisdom and insights prior to my law school experience.

It’s the book we all wish we would have had as a freshman in law school.

As an experienced Nebraska workers’ compensation attorney, Anne Winner has given numerous presentations over the years dealing with on the job injuries.

On November 6, Anne will address “Multiple Injuries in One Accident: Stacking, Compensation per the Schedule v. Earning Capacity for Two or More Members & More” at the NSBA Workers’ Compensation Section Annual Seminar at the Cornhusker Hotel in Lincoln.

For more information on the seminar, go to the NSBA website here.