This Week's Most Notable Personal Injury Stories
Happy Friday! ?? Welcome to this week's edition of Enjuris Briefs. Our team of dedicated attorney editors has hand-selected the most notable—and notably amusing—personal injury stories from the past week.
Top Legal Stories
$13 Million Settlement Approved for Terrifying Active Shooter Drill at Michigan Psychiatric Hospital
A judge has approved a $13 million settlement for a lawsuit stemming from a chaotic and unannounced active shooter drill at the state-run Hawthorn Center, a psychiatric hospital for children in suburban Detroit. The drill, conducted on December 21, 2022, caused panic among staff and patients when a message over the speaker system falsely announced that two armed men were inside and shots had been fired. Terrified staff and children scrambled for cover, texted their families, and called 911, unaware that the threat wasn’t real.
The panic intensified when police, unaware of the drill, arrived in full tactical gear to respond to the emergency calls. Two individuals posing as shooters were detained, but they were unarmed. The drill, organized by the hospital’s safety director, led to widespread trauma among patients and staff. Fifty children will receive about $60,000 each, while 90 staff members will receive varying compensation based on trauma assessments, averaging over $50,000 each.
The Michigan Department of Health and Human Services, which operates the hospital, acknowledged the harm caused and opted to settle the case, calling the incident a serious misjudgment. The settlement includes more than $3 million allocated for legal fees.
Olympic Sprinter Sues New Balance Over Alleged Defective Shoes, Career-Ending Injury
Khamica Bingham, a former Olympic sprinter, has filed a products liability lawsuit against New Balance, claiming that a defective sprinting shoe caused a career-ending Achilles tendon injury. Bingham alleges that while training for the 2024 Paris Olympics in North Carolina, the shoe provided by New Balance as part of her sponsorship “suddenly cracked and failed,” resulting in severe injury and barring her from competing in the upcoming Games.
The lawsuit, filed in Rhode Island District Court, accuses New Balance of negligence, strict liability, and breach of contract, asserting that the company failed to provide safe equipment. Bingham’s husband, Damar Forbes, is also named as a plaintiff, citing loss of consortium.
Read the complaint here.?
Former Indiana Basketball Players Sue University Over Alleged Abuse by Team Doctor
Two former Indiana University basketball players, Haris Mujezinovic and Charlie Miller, have filed a lawsuit accusing the school of failing to stop repeated sexual assaults by the team’s physician, Dr. Bradford Bomba Sr. The suit, filed in the U.S. District Court for Southern Indiana, alleges that Bomba subjected players to unnecessary and invasive rectal exams, which were allegedly known and discussed among team staff, coaches, and trainers. The plaintiffs claim that these actions were a routine part of annual physicals, despite the exams being medically unnecessary for young athletes.
The lawsuit names the Trustees of Indiana University as defendants, citing Title IX violations for failing to protect the student-athletes. Mujezinovic and Miller have called on other former teammates to join the suit, suggesting there may be many more victims. Indiana University has hired Jones Day to conduct an independent investigation into the allegations. The case mirrors past accusations at other universities, like the 2018 Ohio State wrestling scandal involving Dr. Richard Strauss.
New Jersey Eases Path for Disbarred Lawyers to Seek Reinstatement
In a significant policy shift, the New Jersey Supreme Court has ruled that disbarred attorneys can apply for reinstatement after five years, overturning a 1979 precedent that mandated permanent disbarment for knowing misappropriation of funds. The Oct. 15 order aligns New Jersey with 41 other states and the District of Columbia, allowing disbarred lawyers a second chance—provided they meet stringent conditions.
Applicants must prove their fitness to practice, pass the New Jersey bar and ethics exams, complete continuing legal education, and submit proof of restitution to former clients. However, the court retains the authority to impose permanent disbarment in particularly severe cases.
Connecticut Jury Awards $30 Million to Woman Injured in C-Section Surgery
领英推荐
A Stamford jury awarded over $30 million to Elizabeth Tigani, a Darien resident, who suffered severe injuries during a cesarean section in 2014 that left her unable to have more children. The jury found that Dr. Sara Elias, affiliated with Summit Health (formerly Westchester Medical Group), used improper surgical techniques, leading to permanent injuries to Tigani’s bladder and uterus.
After a three-week trial and four hours of deliberation, the jury held Elias and the medical group accountable, granting Tigani economic and non-economic damages. Attorney David Golub highlighted the long fight for justice, stating, “The birth of her first child should have been a joyous occasion . . . Instead, it was the beginning of a medical nightmare.”
New York Court Upholds Workers’ Compensation for Intoxicated Worker Injured in Fall
A New York appellate court has ruled that a worker injured in a fall from a ladder is entitled to workers’ compensation benefits, even though he was intoxicated at the time of the incident. The Supreme Court, Appellate Division (Third Judicial Department) upheld a decision from the Workers’ Compensation Board, finding that while the worker's intoxication was a factor, it was not the sole cause of his fall.
The employee, working alone to remove holiday lights from a high shelf, fell approximately eight feet while descending a ladder with a heavy object in hand. His claim for injuries, including traumatic brain injury and post-concussion syndrome, was initially denied by his employer and their insurer, who argued that the accident was entirely due to his severe alcohol intoxication. However, the court noted that New York’s Workers’ Compensation Law presumes compensability for work-related injuries unless intoxication is proven as the sole cause.
The court pointed to additional factors, such as the absence of a coworker to steady the ladder, a potential misstep, and the inherent risks of working at height, which may have contributed to the accident. Despite a toxicologist’s testimony about the impact of the worker's high blood alcohol level, the court agreed that other circumstances could have led to the fall, ultimately affirming the worker’s eligibility for compensation.
Amusing Legal Story
Judge Questions AI's Role in Expert Testimony After Chatbot Cross-Checks Financial Calculations
A New York judge raised concerns about using AI in court after discovering that an expert witness relied on Microsoft Copilot to verify lost-value calculations. Judge Jonathan Schopf, presiding over a Saratoga County case, tested the chatbot's reliability by directly querying it. When asked if its calculations were suitable for legal use, the AI advised that any data should be verified by experts before being presented in court. Schopf then tested Copilot’s calculations himself, receiving inconsistent results for the same financial query on three different computers.
Despite ruling that the beneficiary failed to prove damages or a breach of fiduciary duty by the trustee, Schopf’s decision on October 10 highlighted the inherent unreliability of AI-generated evidence. He stressed that attorneys must disclose the use of AI and allow courts to assess its admissibility through hearings. Internet law expert Eric Goldman criticized the reliance on AI by expert witnesses, noting that it undermines their specialized role in legal proceedings.?
Quote of the Week
“We are keeping this down loooooooowww.” - Former Jackson Walker LLP attorney Elizabeth Freeman
Newly revealed texts show a secret relationship between Elizabeth Freeman, a former Jackson Walker LLP attorney, and David R. Jones, a now-former Texas bankruptcy judge. The messages suggest that Freeman and her colleagues worked to ensure that large bankruptcy cases, like JCPenney’s Chapter 11, would be assigned to Judge Jones. This relationship was kept hidden during the time Jackson Walker represented major clients in Jones’ court.
Freeman’s May 2020 texts to a colleague reveal the strategy behind the filing of JCPenney’s bankruptcy in Corpus Christi, Texas. Filing in that location meant the case would automatically be assigned to Judge Jones unless marked as “complex.” Freeman mentioned that Jones had been “softening up” for the case, and emphasized to her colleague to keep their communications "down loooooooowww." JCPenney’s bankruptcy was filed without the “complex” label, ensuring that Jones would handle the case. He later designated it as complex but kept the assignment.
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