Generally, injured workers in New Hampshire have a right to reinstatement to their prior position within eighteen months of their work injury. RSA 281:25-a. By unanimous decision, the New Hampshire Supreme Court recently held that RSA 281:25-a applies to both...
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Heather Menezes
United States Supreme Court finds that the Federal Tort Claims Act’s Time Limits are Subject to Equitable Tolling
Most tort actions are governed by a three year statute of limitations. However, tort actions against the federal government are governed by the Federal Tort Claims Act (FTCA), which has a shorter statute of limitations. Examples of tort actions subject to the FTCA...
Amendment to the Definition of Uninsured Motor Vehicle Expands UM Coverage
The New Hampshire Legislature recently amended the statute that defines what is an uninsured motor vehicle. Prior to the amendment, the definition of an uninsured motor vehicle included two categories: (1) vehicles for which the liability insurer was unable to...
A Basic Primer on Liens in a Personal Injury Case
If you settle or obtain a judgment in a personal injury case, it would not surprise most people that a person would have to deduct attorney’s fees and the costs of litigation from the final amount of the settlement or judgment. It may not be so obvious, however, that...
Federal District Court Decides Motion to Dismiss in Exeter Hospital Contribution Action
On September 4, 2014, the United States District Court for the District of New Hampshire dismissed one of two contribution claims filed by Exeter Hospital based on the lawsuits filed against it by patients infected with Hepatitis C. The patients were infected with...
Who Let the Dogs Out?
An attack by a vicious dog can result in severe physical and emotional injuries to the person who was attacked. By statute, the owner of the dog is strictly liable for injuries caused by his or her dog. RSA 466:19. Although frequently referred to as a dog bite...
Wrongful Death Following Propane Explosion
In a tragic case, a woman was killed when her relatively new condominium exploded due to a propane leak in her basement. The force of the explosion nearly leveled the condominium and all of the gas appliances were destroyed. Careful examination of the...
A Trap for the Unwary
The First Circuit Court of Appeals recently dismissed a medical malpractice case because the plaintiffs did not comply with the two year statute of limitations applicable to tort claims against federal employees. See Sanchez v. United States, ___F.3d ____ (1st Cir....
Ropivacaine Overdose was Preventable
On October 25, 2011, the plaintiff, age 53, was recovering from surgery at the defendant hospital. The surgery was uneventful and he was doing well postoperatively. The nurse changed the bag of his epidural pain medication, Ropivicaine (Naropin), which was...
Hospitals Must Report Certain Adverse Events
In New Hampshire and other states, hospitals are required to report the occurrance of certain bad outcomes. In New Hampshire, these egregious medical errors are termed “adverse events.” Examples of such adverse events include surgery...