State Claim Not Preempted By Federal Drug Labeling Law
The decisive March 4 U.S. Supreme Court ruling against Wyeth in a landmark pharmaceutical product liability case may also close off a major front in a hard-fought battle by businesses and the Bush administration to insulate national corporations from state tort litigation.
Medical-Legal Issues of Emergency Airway Management
The failure to manage a patient's airway can lead to lack of oxygenation and ventilation, and to resulting brain injury or death. Such failures can easily culminate in large awards. An expert explains.
<B>BREAKING NEWS:</B> Supreme Court's Wyeth Ruling Deals a Blow to Pre-emption Defense
The Supreme Court's decisive ruling on March 4 against Wyeth in a landmark pharmaceutical product liability case may also close off a major front in a hard-fought battle by businesses and the Bush administration to insulate national corporations from state tort litigation.
Features
Verdicts
Recent important rulings of interest to your practice.
Features
Verdicts
Recent important rulings of interest to your practice.
Features
Med Mal News
The latest news of interest to you and your practice.
Features
Accessing Experimental Drugs Through the Compassionate Use Doctrine
In last month's issue, we discussed how Jacob Gunvalson, when denied entry into a clinical trial for a drug that might offer treatment for his terminal disease, sued the drug manufacturer to compel it to seek a "compassionate use" exemption. We conclude with a look at the litigation that ensued.
Features
CA Ordered to Reduce Prison Population
A special three-judge panel has held tentatively that overcrowding in California prisons presents an unconstitutional risk to inmate health and safety and that the prisoner population must be reduced. The panel has previously found that the prison system's mental health and medical care is so negligent that it is a direct cause of inmate deaths and suicides.
The Constitutionality of Tort Reform Damage Caps
Recently, there have been indications that plaintiffs in California medical malpractice actions may renew a constitutional attack on the provisions of the Medical Injury Compensation Reform Act (MICRA), the tort reform legislation that has governed medical malpractice litigation in California for nearly 25 years. The focus of these recent attacks is MICRA's $250,000 limit on noneconomic damages.
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