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

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

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

Promoting Honest Counting of Hospital-Acquired Infections

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

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

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

Patient Privacy Is Compromised by Identity Theft

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

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

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

Medicare Pilot Program for Montana Asbestos Victims

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

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

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

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

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

Maryland Bar Association Health Care Section: Developments in Informed Consent

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?

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

Fraud and Abuse Issues In Off-label Marketing

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

Couple Challenges West Virginia Malpractice Award Caps

A West Virginia couple who had been awarded more than $1.5 million in damages in a medical malpractice case only to have the award cut by two-thirds is challenging the state law that caps medical malpractice payouts to...more

State Licensing Boards Fail to Protect the Public from Dangerous Health Care Providers

Without a license to practice medicine or surgery or nursing or whatever, no health care practitioner can touch a patient. So the state licensing boards that issue -- and are authorized by law to take away -- licenses are...more

FDA Uncovers More Manufacturing Problems at Johnson and Johnson Pharmaceutical Plant

The safety of our pharmaceutical supply is of the utmost importance and the failure to control the quality of medications produced can have serious ramifications, including long lasting injuries, side effects and even...more

Blood Sugar Monitors: One to a Patient, if You Want to Avoid Infection

The Food and Drug Administration (FDA) and the Centers for Disease Control and Prevention (CDC) are warning healthcare professionals that sharing blood glucose monitoring machines carries the risk of transmitting the...more

Error Rates in Medicine Continue High, but Lawsuits Are Down

The Center for Justice & Democracy has a new fact sheet on recently published studies on medical malpractice, hospital errors and preventable injuries. The depressing findings... Please see full article below for more...more

CMS Continues the Deadline for Reporting Liability Settlements and Makes Other Changes That Could Affect Resolution of Product...

Introduction Since Congress passed the Medicare, Medicaid and SCHIP Extension Act (MMSEA or the Act), litigants have scrambled to interpret the language and discern the likely ramifications of the Act on the resolution of...more

Studies on a New Drug Show Comedy of Errors When Not Enough Patients are Tested

A lesson in the safety and efficacy of new drugs is very simple: small studies are bad, big studies are good. This lesson has been proven all over again with a big trial of a heart failure drug called Natrecor (generic name:...more

FDA Recalls Infusion Pump and Tissue Stabilizer

The Food and Drug Administration has issued Class I recalls of Hospira Symbiq One and Two-Channel infusers and Medtronic Octopus Nuvo tissue stabilizers. Class 1 recalls are the most serious type of recall and involve...more

Large Number of Drug Shortages Puts Patients at Risk

As many as 180 medications are in short supply so far this year, according to data from the the Drug Information Service (DIS) at University of Utah Health Care, which has tracked drug shortages for a decade. DIS calls the...more

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