Post-Traumatic Stress Disorder and Other Mental Health Workers' Compensation Claims Arising During COVID-19
Veterans' Issues and How They May Impact Your Practice
In a previous blog on the use of psychedelics to treat mental health disorders, we reported that the US Food and Drug Administration (FDA) granted breakthrough therapy designation to MDMA (a.k.a., ecstasy) in 2017 as part of...more
I have blogged several times before , including last week, on cases where trial courts were reversed for failing to hold plenary hearing and provide for discovery, often in FD (non-dissolution) matters. I have also discussed...more
The U.S. Food and Drug Administration (FDA or Agency) rejected the new drug application (NDA) for a drug marketing approval submitted by Lykos Therapeutics Inc. (Lykos) for its psychedelic MDMA drug on Aug. 9, 2024. Lykos...more
What happens between a primary and excess liability insurer when their mutual insured is hit with a verdict $2.15 million over the primary limit and the excess insurer was not put on notice until after the verdict? This was...more
Since 2018, Proskauer has acted as pro bono legal counsel for a veteran who experienced racial discrimination during his service in the U.S. Marine Corps. Our client was stationed at Camp Pendleton in the mid-1970s. At that...more
On June 4, 2024, a panel of experts advising the Food and Drug Administration (FDA) on the use of the psychedelic midomafetamine (MDMA) for post-traumatic stress disorder (PTSD) voted 9-2 that MDMA in combination with talk...more
Yes, following a car accident, you have the right to sue for various losses, like medical expenses, missed work earnings, the pain you've endured, and emotional distress. Emotional distress falls under the category of...more
Premium Transportation Staffing, Inc. v. Welker (WCAB); No. 1329 C.D. 2022; filed Nov. 30, 2023; Senior Judge Leavitt - In his Claim Petition, the claimant alleged he sustained Post Traumatic Stress Disorder (PTSD) in...more
On February 7, 2024, in Jones v. Georgia Ports Authority, the U.S. Court of Appeals for the Eleventh Circuit affirmed a district court’s grant of summary judgment for an employer where a former employee who requested an...more
Research into psychedelic-assisted therapy receives funding in the National Defense Authorization Act for Fiscal Year 2024. In an epoch marked by rapid innovation in mental health treatments, a paradigm shift is on the...more
On December 12, 2023, the MAPS Public Benefit Corporation (MAPS PBC) announced the submission of a marketing application to the U.S. Food and Drug Administration (FDA) for MDMA (midomafetamine capsules) in combination with...more
On December 12, 2023, the Multidisciplinary Association for Psychedelic Studies Public Benefit Corporation (“MAPS PBC”) announced it has submitted a new drug application (“NDA”) to the FDA for the use of...more
Ketamine clinics have been on the rise in the U.S. in recent years. As a byproduct of the common practice of prescribing drugs “off-label,” these clinics are not necessarily new in their operating model. Off-label use is the...more
An Overview of Recent Decisions Demonstrating the Board’s Continuing Attitude Toward 114-a - (Editor’s Note – As a part of our Quarterly Practice Group Update, we are pleased to produce our next installment of examples of...more
Bereavement leave policies generally aim to provide employees with paid leave following the death of a family member. These policies, however, often fail to acknowledge the grief that employees experience upon a fertility...more
The Americans with Disabilities Act does not require employers to ignore or excuse serious violations of their rules of conduct. For example, an employee who brings a weapon to work in violation of the employer’s policy...more
THOUGH APPLIED RARELY, A RES IPSA INSTRUCTION ON A JURY CHARGE CAN SPELL DISASTER. The Texas Supreme Court ruled recently that a trial court abused its discretion by including a res ipsa loquitur instruction on a jury...more
In a July 28, 2023 decision, the Michigan Supreme Court revisited the criteria for compensability under the Michigan Workers’ Compensation Disability Act (WCDA) in cases involving mental disabilities arising from workplace...more
On June 23, 2023, FDA issued a first-of-its-kind draft guidance for sponsors of studies of psychedelic drugs. The guidance arrived just as the Psychedelic Science 2023 conference in Denver was wrapping up. Touted as the...more
The U.S. Food and Drug Administration (FDA or Agency) on June 23, 2023, released its first draft guidance concerning design and desired features of clinical trials for psychedelic drugs LSD and MDMA There has been growing...more
On June 5, 2023, Substitute Bill No. 913 was enacted as Public Act (PA) No. 23-35, “An Act Expanding Workers’ Compensation Coverage for Post-Traumatic Stress Injuries for All Employees.”...more
This article is part of a continuing series of articles regarding transactional legal issues in the emerging psychedelic space. With ketamine being the only approved psychedelic drug for medical use, ketamine clinics offer a...more
This is part 1 of a 3-part series reporting on the 50 speakers delivering 27 different educational presentations at the DirectEmployers (DE) three-day Annual Meeting (DEAMcon23) of DE Members, Recruit Rooster customers, and...more
Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. This week, we saw some federal activity on medical marijuana for veterans. We have an update on those SAFE...more
Given the high “abuse of discretion” standard of review, any time a discovery ruling is altered or reversed by New York’s Appellate Division, the legal community must take note. Such a decision has the potential to affect...more