Administrative Law, Personal Injury, Health Law

Pharmaceutical Law Update -- October 2012: New Jersey Court Grants Summary Judgment Based on Lack of Warning Causation

by Sedgwick LLP on 10/4/2012

A New Jersey federal court granted summary judgment to Baxter Healthcare Corporation (Baxter) last month based on a familiar legal concept rarely applied in the Garden State – warning causation. In Baker et al. v. APP...more

Attorney-Related

by Sedgwick LLP on 9/6/2012

UPDATED THROUGH September 4, 2012 Attorney’s Fees – Appellate. Does section 57.105, Florida Statutes, support an award of appellate attorney’s fees for the filing of an administrative appeal without citing material...more

Definitive Study Finds that ‘Tort Reform’ Doesn’t Work

by Lawyers.com on 6/29/2012

A new study by professors at prestigious law schools around the country found that so-called “tort reform” — which chisels away at consumer legal rights — does not reduce health care costs....more

Promoting Honest Counting of Hospital-Acquired Infections

by Patrick Malone & Associates P.C. | DC Injury... on 2/6/2012

Progress is being made in the national effort to let patients know which hospitals do the best job in preventing infections. But patient safety advocates are worried that some of the early reports of hospital-specific...more

Success of Nicotine Replacement Products Called Into Question

by Patrick Malone & Associates P.C. | DC Injury... on 1/20/2012

Because the effects of nicotine are deadly, because cigarettes are so addictive (some research indicates it’s harder to kick nicotine than it is heroin), any and all efforts should be made to quit smoking. In trying to...more

Presumption-of-Adequacy Defense Is Clarified and Reinforced

by Duane Morris LLP on 12/20/2011

On Sept. 29, the Appellate Division took a significant step forward in clarifying and reinforcing the presumption-of-adequacy defense provided to manufacturers of prescription drugs under the New Jersey Product Liability Act...more

Dentist Drills Toothy Patient for Painful Online Review

by Lawyers.com on 12/19/2011

Dentists and doctors increasingly are policing what you say online about their services. In the most recent case, a prominent New York dentist, Dr. Stacy Makhnevich, threatened to sue a former patient, Robert Lee, over a...more

Spurred by Herald Report, Florida Cracks Down on 17 Assisted Living Facilities

by Jonathan Rosenfeld - Chicago Personal Injury... on 11/4/2011

An investigation by the Miami Herald into conditions at dozens of assisted living facilities has prompted a crackdown by Florida’s state regulatory agency, the Agency for Health Care Administration (AHCA). “They’re...more

Patient Privacy Is Compromised by Identity Theft

by Patrick Malone & Associates P.C. | DC Injury... on 10/11/2011

We’ve all heard tabloid tales of hospital personnel taking unauthorized peeks into celebrity patient files and selling the dishiest contents for personal gain. But there’s also reason for the rest of us to to guard our...more

Health Care Litigator

by Katten Muchin Rosenman LLP on 9/20/2011

In this issue: Seventh Circuit Appeal in Case Against Medical Center Could Impact the Ability to Bring Suits Under the False Claims Act; Putative Class Action Seeks Ruling That Illinois Health Care Providers Must Accept...more

Turkey Salmonella Outbreak

by Howard Ankin on 9/1/2011

The Centers for Disease Control and Prevention (CDC) is working with public health officials across the country and the U.S. Department of Agriculture’s Food Safety and Inspection Service (USDA-FSIS) to determine the cause of...more

Government Prosecution Of Kentucky Nursing Home Comes After Facility Has Long Battled Similar Negligence Claims

by Jonathan Rosenfeld - Chicago Personal Injury... on 7/27/2011

The Kentucky nursing home at the heart of a recently filed False Claims Act lawsuit, based upon billing patients for 'worthless services' has apparently faced similar claims brought by patients' families in a civil setting....more

False Claims Act Lawsuit Seeks Damages From Nursing Home That Provided Inadequate Care

by Jonathan Rosenfeld - Chicago Personal Injury... on 7/19/2011

After evaluating the care provided to patients at Villaspring Healthcare and Rehabilitation Center, a Kentucky Nursing Home, the U.S. Attorney's Office deemed the care so inadequate that the facility should never have billed...more

Medicare Pilot Program for Montana Asbestos Victims

by Howard Ankin on 7/1/2011

In 2009, the Environmental Protection Agency declared a public health emergency arising from the long term asbestos exposure of Libby, Montana residents. The exposure occurred due to the operation of a vermiculite mine in...more

Legal Update: Case Developments in New York that Affect MSPs

by Katten Muchin Rosenman LLP on 6/21/2011

Minimum Hospital Standards and Appropriateness Review-Updated Credentialing and Privileging Standards • Prior to December 22, 2010, hospitals were obligated under New York law to “look back” ten (10) years in a physician’s...more

Current Issues in Negligent Credentialing Part 1

by Katten Muchin Rosenman LLP on 6/20/2011

Goals of Program: • What must a plaintiff establish in order to succeed in a negligent credentialing case • Review of recent cases and their impact on a hospital’s duty to protect patients • How to successfully...more

Liability for Transmission of HIV and Other Sexually Transmitted Diseases in Washington

by Lane Powell PC - Health Care Law on 5/4/2011

In July 2010, the White House published an ambitious strategy to “undertake a more coordinated national response to the HIV [human immunodeficiency virus] epidemic.” While public concern on the issue has waned in recent...more

President Obama and Medical Malpractice Reform

by Howard Ankin on 3/14/2011

Last month, in a move that many trial attorneys believe will reduce the quality of patient care, President Obama submitted a budget that calls for a major revamping of medical malpractice laws. As explained in this NPR...more

Nursing Home Spotlight: Ambassador Nursing & Rehab Center, Chicago, IL

by Jonathan Rosenfeld - Chicago Personal Injury... on 2/16/2011

On August 20, 2010 the Illinois Department of Health issued a 'Type A' violation and $10,000 fine against Ambassador Nursing & Rehab Center located in Chicago, IL. The sanctions are in response to the conditions documented in...more

Maryland Bar Association Health Care Section: Developments in Informed Consent

by Ober|Kaler on 2/16/2011

INFORMED CONSENT: ORIGINS of INFORMED CONSENT The Common Law: - Civil and Criminal Battery Since all established English law as it existed in 1776 was incorporated into Maryland law, it has been a tort for a doctor...more

Is Ohio Moving Towards It's Own False Claims Act?

by Dinsmore & Shohl LLP on 2/11/2011

In a recent case, a Dayton-based managed health care organization, CareSource, agreed to pay $26 million to settle claims alleging CareSource defrauded the federal government. Two former employees brought whistleblower...more

Kentucky Moves To Disclose More Information On Nursing Homes To Public

by Jonathan Rosenfeld - Chicago Personal Injury... on 2/3/2011

Under a new program initiated by Governor Steve Beshear, Kentuckians will be able to access nursing home inspection reports online. In addition to clearly identifying who the owner of the each facility is, the website will...more

Fraud and Abuse Issues In Off-label Marketing

by Mintz Levin - Health Law on 1/31/2011

In This Presentation: Increased Fraud Enforcement Activity; Current Enforcement Climate; Prosecution and Exclusion of Individuals; Inter-relationship with Kickback Allegations; Off-Label Enforcement Activity; Fraud...more

Isn't It Time For Drug Manufacturers To Start Making Drugs Less Attractive For Children To Avoid Chances Of Overdose?

by Jonathan Rosenfeld - Chicago Personal Injury... on 1/28/2011

On December 14, 2010, the FDA issued a press release regarding younger children mistaking Tessalon liquid cough capsules for candy. Younger children have been known to be attracted to the round, liquid-flled capsules that...more

Elder Abuse: Captured On Video At California Facility

by Jonathan Rosenfeld - Chicago Personal Injury... on 1/27/2011

The California Department of Social Services revoked the residential care home license from Fair Oaks Care Home. The revocation comes after the family of a patient at the facility came forth with a hidden video demonstrating...more

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Administrative Law › Personal Injury › Health Law