Typically, lawsuits against attorneys are brought by clients alleging legal malpractice. An essential element of a legal malpractice claim is the existence of an attorney-client relationship. The general rule is that a lawyer is liable only to his or her client and...
Attorney Loucks Certified as a Civil Trial Law Specialist with MSBA
Kathleen Loucks, a Lommen Abdo litigator, achieved certification as a civil trial specialist by the Minnesota State Bar Association (MSBA). Loucks joins a very limited list of trial attorneys that have illustrated their commitment to bettering the legal profession by...
Shoulder Injuries from Vaccines? Separating Fact from Fiction
This article appeared on the Mitchell Hamline Law Review blog on February 17, 2019. SIRVA “Shoulder Injury Related to Vaccine Administration” is compensated through the National Vaccine Injury Compensation Program (VICP) which is administered through the United...
Drilling Down: The Vaccine Act
The National Childhood Vaccine Injury Compensation Act of 1986 (“Vaccine Act”), 42 U.S.C.A. § 300aa-11 et seq., established a streamlined, no-fault compensation method for injured vaccine recipients to recover compensation. Under the Vaccine Act, a no-fault program...
Homeowner associations must comply with new requirements
Townhome, condominium, and other homeowner associations are typically part of what is called a common interest community, or CIC. An association may be organized in the form of a profit, nonprofit, or cooperative organization, but CICs are generally controlled by the...
Vaccine law: where it came from, how it works
The National Childhood Vaccine Injury Act of 1986 established the National Vaccine Injury Compensation Program after lawsuits against manufacturers threatened to cause vaccine shortages. See 42 U.S.C. §§ 300aa-1 to -34. In an effort to maintain a supply of vaccines,...
Vaccine Law 101
Did you know that for vaccine injuries, while you need a lawyer who is admitted to the U.S. Court of Federal Claims and a member of the Vaccine Bar, your lawyer does not need to be admitted in the same state where the injury occurred. This means that Lommen Abdo can...
Kathleen Loucks participates in national vaccine injury conference
The United States has the safest, most effective vaccine supply in history, according to the Department of Health and Human Resources. In the majority of cases, vaccines causes no side effects. However side effects can occur, as with any medication. Very rarely,...
When a Client Dies During…Litigation
At common law, a personal injury action abates with the death of either party. The Supreme Court in Johnson v. Consolidated Frieghtways, Inc. discussed the rationale behind the common law: The old non-survival rule sprang from the medieval view of torts as a form of...
Notable Verdicts: organ transplants gone wrong, botched surgeries, bad priests
Minnesota Lawyer included a recent Lommen Abdo case in an article titled, "Notable Verdicts: organ transplants gone wrong, botched surgeries, bad priests." The plaintiff underwent a pancreas transplant at the University of Minnesota and within the year was dead from...
Jury Finds for Plaintiff in Transplant Case
A Hennepin County jury recently found the University of Minnesota Physicians and Dr. Ty Dunn negligent in accepting a pancreas for transplantation where the cause of the donor’s death was unclear. The case was tried by Kathleen Loucks of Lommen Abdo and Edward...
Resolving Property Damage Insurance Claims
This year has again brought us countless hail and extreme weather events. In fact, only Texas has more hail claims per year than Minnesota. It’s an unfortunate fact of life that where there is property damage, insurance claims and disputes soon follow. Fortunately,...
Vaccine Injury, Medical Malpractice & Civil Litigation Q&A with Kathleen Loucks:
Why would a client hire you? [Transcript] You’ve handled medical malpractice cases both for the plaintiffs and for the defendants – how does that impact your handling of any case? [Transcript] What should I look for in choosing a lawyer to handle my vaccine-related...
Child Entitled to Damages for Adverse Vaccine Reaction
2015 UPDATE: Read about the decision of the Federal Circuit Court of Appeals. Seven years after the petition for compensation was filed on behalf of minor Karl Paluck for injuries he sustained following receipt of five vaccines, he has won his right to compensation....
Judicial Ride-Along Program: Another Look
Kathleen Loucks wrote and article in the 2011 Hennepin Lawyer on her experience with the Judicial Ride-Along Program in Hennepin County. "I was fortunate enough to be able to participate in the Hennepin County Judicial Ride-Along Program last spring. My interest was...
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