Tracking the Injury in Personal Injury

A Canadian law firm is utilizing wearable technology to provide information in assessing a personal injury client’s loss and potential damages.  McLeod Law in Calgary states on its website that it is using “Vivametrica’s Functional Activity Assessment tool provides a method for the early assessment of the strength of a client’s case. The Functional Activity Assessment closes the gap between what a client perceives and what is objectively verifiable.”   Vivametrica  states that it analyzes data from wearable sensor devices for the assessment of health and wellness.  While not exactly using Fitbit data directly, reportedly the technology “uses public research to compare a person’s activity data with that of the general population.”  As noted on the Vivametrica website, this technology also allows caregivers to engage on a more specific level with the wearers.  In the Canadian case, reportedly this is the first time such technology will be used directly in a court case.

This will be an interesting test case in terms of not only presenting the plaintiff’s case for damages but it will be interesting to see how defendants and juries respond to the introduction of such evidence and whether this presents a new standard for such cases.

http://www.forbes.com/sites/parmyolson/2014/11/16/fitbit-data-court-room-personal-injury-claim/

https://www.mcleod-law.com/news/vivametricas-analytics-platform-supports-personal-injury-claims

fitbitdownload

NYT Article on BYODs, Workplace App Policies

interiors of an office

This is a nice overview of the concerns facing employers who have an active, creative workforce using websites and apps that are not necessarily in comformity with in-house security standards.  See article at:

http://www.nytimes.com/2013/03/04/technology/it-managers-struggle-to-contain-corporate-data-in-the-mobile-age.html?pagewanted=2&hpw

Quotes from the article:

“People are going to bring their own devices, their own data, their own software applications, even their own work groups,” drawing off friends and contractors at other companies, said Bill Burns, the director of information technology infrastructure at Netflix. “If you try and implant software that limits an employee’s capabilities, you’re adding a layer of complexity.”

“The popular term now when people bypass the in-house organization is ‘shadow I.T.,’ ” says Sunny Gupta, chief executive of Apptio.

In the comments section below the article, many industry observers share their thoughts:

From Milwaukee, one says:

To be honest, the problem isn’t really the integrity of the apps, but the app user. If a person is going to mis-use proprietary information, they will do it, security or no security.

From New York, the comment is:

HIPPA rules are only taken seriously after the breach, fine or lawsuit. BYOD is what keeps hospital CIOs and CEOs up late at night.

Another suggests corporate IT teams continually lag behind what their personnel wants or is doing.  One suggests IBM SmartCloud.  And, finally, others mention that the best security is no outside devices inside the office or an agreement by the employee to have their device readily available and subject to getting wiped clean remotely without notice.