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We found 1,279 results for "Medical Malpractice Law & Strategy"...

Employee Bad Acts
October 02, 2014
How should the plaintiff's attorney proceed against a hospital and/or medical institution when seeking to hold it civilly liable for the bad acts of its employees?
Verdicts
October 02, 2014
Should changed rules thwart a plaintiff's claim? Analysis and discussion.
Med Mal News
September 02, 2014
A look at a case involving tort recovery for a same-sex partner.
Failure to Diagnose
September 02, 2014
The "bread and butter" of medical malpractice litigation is the failure to diagnose a case. Failure to diagnose is also, perhaps, the most controversial type of malpractice claim. Here's why.
NJ & CT News
September 02, 2014
News of interest from neighboring states.
New Jersey Manufacturers and Punitive Damages
September 02, 2014
As discussed in Part One of this article, New Jersey's Products Liability Act (Defective Product) prevents injured plaintiffs seeking compensation from drug and device manufacturers from being awarded punitive damages. While New Jersey courts are bound by the statute's manufacturer protections, courts located in other jurisdictions have given the law mixed levels of respect.
Private FCA Actions: Practical Implications For Health Care Providers
September 02, 2014
The increase in the number of patients participating in government programs creates opportunities and challenges for health care providers and long-term care facilities, and as the number of such patients swells, it is essential that health care providers remain vigilant in order to avoid potential pitfalls inherent in dealing with these programs.
Drug & Device News
September 02, 2014
In-depth discussion of a recent case involving pelvic mesh.
Verdicts
September 02, 2014
Analysis of key cases.
Practice Tip: Calculating Structured Judgments
September 02, 2014
It is of great importance for a trial lawyer to understand the mechanics of a periodically paid or structured judgment if s/he is trying a case in a jurisdiction in which such judgment will be entered. Otherwise, the trial lawyer may be rejecting offers that, at first glance, appear to be much lower than verdict value but may, in fact, be equal to or higher than a verdict.

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  • Surveys in Patent Infringement Litigation: The Next Frontier
    Most experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.
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  • In the Spotlight
    On May 9, 2003, the U.S. Attorney's Office for the District of Massachusetts announced that Bayer Corporation, the pharmaceutical manufacturer, had been sentenced and ordered to pay a criminal fine of $5,590,800 stemming from its earlier plea of guilty to violating the Federal Prescription Drug Marketing Act by failing to list with the FDA its drug product, Cipro, that was privately labeled for an HMO. Such listing is required under the federal Food, Drug &amp; Cosmetic Act. The Federal Prescription Drug Marketing Act, Pub. L. 100-293, enacted on April 22, 1988, as modified on August 26, 1992 by the Prescription Drug Amendments (PDA) Pub. L. 102-353, 106 Stat. 941, amended sections 301, 303, 503, and 801 of the Federal Food, Drug, and Cosmetic Act, codified at 21 U.S.C. '' 331, 333, 353, 381, to establish requirements for distributing prescription drug samples.
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