Maximizing Future Medical Damages in Paralysis Cases
December 01, 2017
<b><i>Part One of a Two-Part Article</i></b><p>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.
The Rise of the Travel Act
December 01, 2017
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.
Drug & Device News
December 01, 2017
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.
Increased Scrutiny for <i>Cy Pres</i> Provisions in Class Action Settlements
November 02, 2017
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 <i>cy pres</i> recipient, but courts are starting to question such moves more thoroughly.
Defamation and the Disgruntled Defendant
November 02, 2017
<b><i>Anti-SLAPP Legislation and Defamation Claims</i></b><p><b><i>Part Two of a Two-Part Article</i></b><p>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.
Case Notes
November 02, 2017
The U.S. Supreme Court is deciding whether to consider the case of Southern Baptist Hospital of Florida v. Charles, which pits a plaintiff against a hospital in the ongoing battle over which documents are privileged as adverse event records for the improvement of quality of care, and which must be turned over to aggrieved patients and their families.
Drug & Device News
November 02, 2017
Because the drug-manufacturing defendants seeking federal retention of a case removed from state court were unable to prove the four elements of the U.S. Supreme Court's <i>Gunn</i> test for federal-question jurisdiction, the U.S. Disctrict Court for the Northern District of California remanded the case to state court.
Med Mal News
November 02, 2017
On Sept. 20, Florida's Agency for Health Care issued a emergency order suspending the license of the Rehabilitation Center of Hollywood Hills, the Tallahassee nursing home where 11 people died in the days after Hurricane Irma struck Florida.
Verdicts
November 02, 2017
In an unpublished opinion, a two-judge panel of New Jersey's Appellate Division recently reinstated a medical malpractice case that had been dismissed for want of an expert.
The State of Lawyer Well-Being Is Not Strong
November 01, 2017
A 2016 study found that between 21% and 36% of lawyers fall into the category of "problem drinkers." As for other mental illnesses common to the profession, 28% reported struggling with depression, 19% with anxiety, and 23% with stress. What can be done?
