• Medical Malpractice Law & Strategy

    Exclusion of Evidence: The FDA’s 510(k) Process

    Janice G. Inman

    In a drug or medical device injury case, one of the defense’s most potent arguments is often that the product in question underwent FDA approval, so the balance of its safety and efficacy has already been determined. But when a device is approved for sale to the public through the FDA’s 510(k) process, the rigorous safety and efficacy analysis required of new and unique medical devices has not been undertaken.

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  • Product Liability Law & Strategy

    Maximizing Future Medical Damages in Paralysis Cases

    Mitch Warnock

    When you take a catastrophic injury case involving paralysis, it is important to have a thorough understanding of the problems and pitfalls. In this article, the author explores, from personal experience, the different types of future expenses the client can expect to incur.

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  • Medical Malpractice Law & Strategy

    Physician Extenders or Liability Expanders?

    Kevin Quinley

    For health care services to serve an influx of patients, so-called “physician extenders” now carry out functions previously performed by doctors. The aim of this article is to examine factors driving the growth in physician extenders, identify liability “hotspots” and offer tactics for health care providers to use in managing professional/medical liability risks.

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  • Medical Malpractice Law & Strategy

    Paralysis Cases: Helping Your Client Cover Future Costs

    Mitch Warnock

    Part Two of a Two-Part Article

    Your paralyzed client currently has many problems to deal with, but the future holds many more. In order to advocate for your client, you need to gain an understanding of his or her current and future challenges, and work to maximize the resources your client will need to deal with them.

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  • Medical Malpractice Law & Strategy

    When Lack of Informed Consent Is Not the Issue

    Janice G. Inman

    When an injury occurs, the first reaction of those in the medical office might be to ask, "Did the patient sign an informed consent form?" When the answer is "Yes," and the harm that occurred is listed as a possibility on that signed form, everyone can breathe a sigh of relief. Right? Not so fast.

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  • Medical Malpractice Law & Strategy

    Maximizing Future Medical Damages in Paralysis Cases

    Mitch Warnock

    Part One of a Two-Part Article

    When you take a catastrophic injury case involving paralysis, it is important to have a thorough understanding of the problems and pitfalls. In this two-part article, I will explore, from personal experience, the different types of future expenses the client can expect to incur.

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  • Medical Malpractice Law & Strategy

    The Rise of the Travel Act

    Jonathan S. Feld, Monica B. Wilkinson, Lea F. Courington and Alison L. Carruthers

    The DOJ continues to prioritize health care anti-fraud enforcement through the aggressive use of different statutes and investigative methods. Although the prosecutions and recoveries vary, between October 2016 and March 2017, "Strike Force" team efforts led to charges against 49 individuals or entities, 152 criminal actions, and more than $266.8 million in investigative receivables.

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  • Medical Malpractice Law & Strategy

    Drug & Device News

    The U.S. Court of Appeals for the Second Circuit has upheld the summary judgment dismissal of the multidistrict lawsuit (MDL) against the maker of the intrauterine birth control device Mirena after finding that none of the experts proffered by the nearly 1,300 plaintiffs were reliable.

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  • Medical Malpractice Law & Strategy

    Increased Scrutiny for Cy Pres Provisions in Class Action Settlements

    Joshua L. Becker and Brad M. Strickland

    Lawsuits against pharmaceutical and medical device manufacturers often come in the form of class actions, and sometimes the settlement or award amount exceeds the identified class members' claim amounts. In such cases, the excess funds may be distributed to a cy pres recipient, but courts are starting to question such moves more thoroughly.

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  • Medical Malpractice Law & Strategy

    Defamation and the Disgruntled Defendant

    Janice G. Inman

    Anti-SLAPP Legislation and Defamation Claims

    Part Two of a Two-Part Article

    After defendants have established that their allegedly defamatory statements were made in furtherance of their right of free speech or petition under the United States Constitution or the California Constitution in connection with a public issue, the second thing that courts must question when a defendant seeks dismissal through an anti-SLAPP motion is whether the claimant has carried his burden of establishing a probability of success on the merits of his claim.

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