MedWorm: Lawsuits

'Cupcake Wars' judge settles Conn. name lawsuit

USATODAY.com Health — Wed, 08 Feb 2012 14:39:27 +0100

A judge on the Food Network reality television show "Cupcake Wars" has resolved her lawsuit with a Connecticut cupcake store over its name. (Source: USATODAY.com Health)

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Bill Would Block FDA 510(k) Approval For Medical Devices Associated...

PRWeb: Medical Pharmaceuticals — Mon, 06 Feb 2012 06:00:14 +0100

Bernstein Liebhard reports on a newly introduced bill that would prevent medical device manufacturers from using the 510(k) process to receive FDA approval if they are predicated on previously...(PRWeb February 05, 2012)Read the full story at http://www.prweb.com/releases/vaginal-mesh-lawsuit/consumer-injury-lawyers/prweb9167102.htm (Source: PRWeb: Medical Pharmaceuticals)

Physicist abandons lawsuit against NRC Canada

Physics Today News Picks — Mon, 06 Feb 2012 05:00:00 +0100

Ottawa Citizen: After a quarter century of courtroom battles, Chander Grover, a physicist and former manager of the National Research Council of Canada, has agreed to abandon his last remaining lawsuit against the NRC. Born in India, Grover first complained of unfair discrimination at the NRC in 1987. In 1992 he won a landmark human rights case against the council, whose managers were shown to have "thwarted his advancement, humiliated him, unfairly fired him, then tried to intimidate witnesses from testifying on his behalf," writes Andrew Duffy for the Ottawa Citizen. Grover then proceeded to file four more human rights complaints against the NRC and was dismissed in July 2007 for "medical incapacity." Last year Grover underwent cancer treatments. "It's impossible at my age to continue an...

Federal Court Dismisses Whistleblower Lawsuit Against Millennium Laboratories

Drugs.com - Pharma News — Fri, 03 Feb 2012 13:52:01 +0100

Millennium Leads Industry Initiative and Calls on Other Laboratories to Implement Higher Compliance Standards; Funds a National Summit Chaired by Dr. Richard Payne, Professor of Medicine and Divinity at Duke University for Establishment of Industry... (Source: Drugs.com - Pharma News)

New Lawsuit Filed Blaming DVT on NuvaRing: AttorneyOne.com Provides...

PRWeb: Medical Pharmaceuticals — Fri, 03 Feb 2012 06:24:02 +0100

According to court documents, in a suit filed on Jan. 9 in the Eastern District of Texas, Sherman Division, no. 4:12-cv-00008, a Danton woman, Dawn Kregel, used the NuvaRing for just over a month in...(PRWeb February 01, 2012)Read the full story at http://www.prweb.com/releases/2012/2/prweb9156671.htm (Source: PRWeb: Medical Pharmaceuticals)

Over 900 Lawsuits Filed in Pinnacle Hip Replacement MDL

PRWeb: Medical Pharmaceuticals — Fri, 03 Feb 2012 06:24:02 +0100

Bernstein Liebhard LLP reports that DePuy Pinnacle hip replacement lawsuits filed in federal court are quickly mounting. Currently, there are over 900 DePuy Pinnacle hip replacement lawsuits pending...(PRWeb February 01, 2012)Read the full story at http://www.prweb.com/releases/pinnacle-hip-replacement/consumer-injury-lawyers/prweb9160350.htm (Source: PRWeb: Medical Pharmaceuticals)

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Judge Postpones Yasmin Trial: AttorneyOne.com Warns the Threat from...

PRWeb: Medical Pharmaceuticals — Fri, 03 Feb 2012 06:24:02 +0100

Earlier this month, U.S. District Judge David Herndon in Illinois postponed the Jan. 9 trial of a lawsuit accusing Bayer, the company manufacturing Yasmin, of misleading women about the health risks...(PRWeb January 30, 2012)Read the full story at http://www.prweb.com/releases/2012/1/prweb9150955.htm (Source: PRWeb: Medical Pharmaceuticals)

Whistleblower Lawsuit Puts Spotlight On FDA Technical Reviews

ScienceNOW — Thu, 02 Feb 2012 19:47:09 +0100

The integrity of the scientific review process appears to be at the heart of... (Source: ScienceNOW)

Health Highlights: Feb. 2, 2012

Primary Care News - Doctors Lounge — Thu, 02 Feb 2012 15:00:00 +0100

Hockey Great Gordie Howe Has Dementia Sugar Should Be Regulated, Taxed: Doctor Tobacco Cos. Oppose Graphic Images on Cigarette Packs Closing Arguments in Plan B Lawsuit Colorado Considers Strict School Trans-Fat Ban (Source: Primary Care News - Doctors Lounge)

Nurses, UMDNJ, Settle Lawsuit Regarding Moral Objections to Assisting at Abortions.

The American Journal of Nursing — Wed, 01 Feb 2012 05:00:00 +0100

Authors: Pfeifer GM Abstract Hospital attorneys had disputed the claim, saying reasonable accommodations were offered. PMID: 22277853 [PubMed - in process] (Source: The American Journal of Nursing)

Citizens' Values Regarding Research With Stored Samples From Newborn Screening in Canada

PEDIATRICS — Wed, 01 Feb 2012 05:00:00 +0100

Newborn screening (NBS) programs may store bloodspot samples and use them for secondary purposes, such as research. Recent public controversies and lawsuits over storage and secondary uses underscore the need to engage the public on these issues. This public engagement study identifies values underlying citizens’ acceptance of and discomfort with research from NBS samples. Well-designed methods of public education and civic discourse on the risks and benefits of storage and secondary uses of NBS samples are required. (Read the full article) (Source: PEDIATRICS)

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Asbestos Victims in Libby Finally Seeing Settlement with Montana

Asbestos and Mesothelioma News — Tue, 31 Jan 2012 18:53:11 +0100

More than a decade after originally filing suit against the state of Montana, those who were exposed to asbestos in Libby have begun seeing their portion of the (Source: Asbestos and Mesothelioma News)

Video: "Brazilian Blowout" maker concedes health risks

Health News: CBSNews.com — Tue, 31 Jan 2012 15:15:52 +0100

The maker of a popular line of Brazilian Blowout hair straightening products settled a lawsuit that it misled consumers about the presence of formaldehyde in the products. Bill Whitaker reports on the latest details. (Source: Health News: CBSNews.com)

Contraceptive mandate could face tough sledding in Supreme Court

Los Angeles Times - Science — Mon, 30 Jan 2012 23:44:00 +0100

The healthcare law's mandate to require religious-affiliated employers to pay for contraception for their workers has prompted two lawsuits. If the matter gets to the Supreme Court, it will go before justices who recently affirmed — in a 9-0 ruling — that the 1st Amendment gives special leeway to religious employers.The Supreme Court and the Obama administration, already headed for a face-off in March over the constitutionality of the healthcare law, appear to be on another collision course over whether church-run schools, universities, hospitals and charities must provide free contraceptives to their students and employees. (Source: Los Angeles Times - Science)

Frito-Lay chips not "all natural": lawsuit

Reuters: Health — Mon, 30 Jan 2012 22:30:39 +0100

NEW YORK (Reuters) - A New York man sued Frito-Lay on Monday, claiming the company misleads consumers with the claim its popular Tostitos and SunChips products are made with "all-natural ingredients." (Source: Reuters: Health)

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Appeal Begins Involving $15.2 million Award for Worker Exposed to Asbestos in Oil-Drilling Mud

Asbestos and Mesothelioma News — Mon, 30 Jan 2012 20:33:59 +0100

Conoco Phillips Corp. has begun its appeal before the Mississippi Supreme Court concerning the $15.2 million award that was given to a worker who was exposed to asbestos by the additive he was mixing with oil-drilling mud. (Source: Asbestos and Mesothelioma News)

Lawsuit Alleges Misuse of Funds by Founders of Whittemore Peterson Institute

ScienceNOW — Mon, 30 Jan 2012 18:18:14 +0100

Former business partners of Harvey Whittemore filed a civil suit against him and his... (Source: ScienceNOW)

Healthcare’s Vulture Capitalists

Physicians Practice — Mon, 30 Jan 2012 12:00:00 +0100

Although most malpractice claims are meritless, lawsuits are apparently becoming more common. And, suing doctors is getting easier to finance. (Source: Physicians Practice)

Lawyers Offer Free Actos Bladder Cancer Claims Consultation

PRWeb: Medical Pharmaceuticals — Mon, 30 Jan 2012 07:31:07 +0100

The bladder cancer attorneys of Onder, Shelton, O’Leary & Peterson, LLC are offering Actos users diagnosed with bladder cancer a no-cost, no-obligation Actos bladder cancer claim review.(PRWeb January 28, 2012)Read the full story at http://www.prweb.com/releases/actos-bladder-cancer/actos-lawsuits/prweb9146946.htm (Source: PRWeb: Medical Pharmaceuticals)

McDonald's forced to disclose all chemical ingredients on food sold in Russia

NaturalNews.com — Mon, 30 Jan 2012 06:00:00 +0100

A Russian consumer rights' group recently filed a lawsuit against McDonald's at Moscow's Tverskoy Court. The consumer groups involved in the suit say that McDonald's milkshakes are falsely named because they contain little milk. McDonald's shakes don't deserve to... (Source: NaturalNews.com)

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Lawsuit filed to halt US Navy's use of sonar that damages marine life

NaturalNews.com — Mon, 30 Jan 2012 06:00:00 +0100

Five environmental groups have joined forces with an inter-tribal group representing ten Northern California American Indian tribes to sue the US government for failing to limit sonar naval training exercises harmful to marine life. A killer soundWhale species like... (Source: NaturalNews.com)

Prisoners lawsuit against soy products given green light by judge

NaturalNews.com — Sun, 29 Jan 2012 06:00:00 +0100

An Illinois District Court judge has decided that a lawsuit filed against the state's prison system for serving excessive amounts of soy in prisoner meals will move forward. Honorable Judge Harold Baker from the central district of Illinois agrees that the case itself... (Source: NaturalNews.com)

New Mexico man arrested, drugged, detained for two years; now wins $22 million reward verdict in lawsuit

NaturalNews.com — Sat, 28 Jan 2012 06:00:00 +0100

(NaturalNews)After spending two years in solitary confinement without ever having been convicted of a crime, 58-year-old Stephen Slevin has finally been awarded a whopping $22 million from a federal jury for his improper treatment by Dona Ana County in New Mexico. The Miami Herald... (Source: NaturalNews.com)

Drug maker Perrigo to lay off 175 in Lake Worth

bizjournals.com Health Care:Biotechnology headlines — Fri, 27 Jan 2012 20:06:05 +0100

Pharmaceutical manufacturer Perrigo Co. filed a WARN notice with the state about its intention to lay off 175 employees in Lake Worth. The Allegan, Mich.-based company (NASDAQ: PRG) said it would release the employees at 201 4th Avenue, North from April 1 through June 30. It entered that location in 2008 when it acquired Unico Holdings for $49 million. On Jan. 12, a West Palm Beach warehouse building that recently counted Unico/Perrigo as its largest tenant was hit with a $4.5 million foreclosure lawsuit... (Source: bizjournals.com Health Care:Biotechnology headlines)

Ortho Caps Files Opposition to Align Technology Patent

Medical News (via PRIMEZONE) — Fri, 27 Jan 2012 15:10:00 +0100

HAMM, Germany, Jan. 27, 2012 (GLOBE NEWSWIRE) -- Ortho Caps GmbH today filed a notice of opposition to Align Technology's (Nasdaq:ALGN) patent EP 2 263 599. With this filing, Ortho Caps has started the opposition procedure against the above patent in the European Patent Office (EPO). If successful, it could lead to the revocation of Align's patent in the designated member states of the European Patent Organisation. "This patent describes a CAD/CAM process of fabricating dental models on which aligners are thermoformed. As an orthodontist, I can assure you that Align has essentially taken a previously known orthodontic laboratory procedure, together with a CAD/CAM technique that was already being used in dentistry, to fabricate orthodontic appliances (aligners), which have been used in ...

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New Lawsuit filed on Chantix: AttorneyOne.com provides advice and...

PRWeb: Medical Pharmaceuticals — Fri, 27 Jan 2012 06:33:34 +0100

On Jan. 5th, 2012 Jonathan L. Wince filed the lawsuit No. 8:2012cv00048 in the circuit court for Montgomery Country, Maryland. Jonathan L. Wince accuses Pfizer, the company manufacturing Chantix, for...(PRWeb January 26, 2012)Read the full story at http://www.prweb.com/releases/2012/1/prweb9138855.htm (Source: PRWeb: Medical Pharmaceuticals)

Actos Bladder Cancer Lawsuits Consolidated before Federal Judge

PRWeb: Medical Pharmaceuticals — Fri, 27 Jan 2012 06:33:34 +0100

Leading litigation firm gears up to take on manufacturer of popular diabetes drug.(PRWeb January 25, 2012)Read the full story at http://www.prweb.com/releases/2012/1/prweb9134460.htm (Source: PRWeb: Medical Pharmaceuticals)

Iraq War Veterans Oppose No-Evidence Summary Judgment In Texas C6 Exposure Lawsuit

LexisNexis® Mealey's™ Emerging Toxic Torts Legal News — Fri, 27 Jan 2012 00:37:13 +0100

HOUSTON - Iraq war veterans alleging that contractors hired to repair oil extraction sites in Iraq conflate the Federal Rule of Civil Procedure 56(b) summary judgment standard with the Daubert v. Merrell Dow Pharmaceuticals Inc. (509 U.S. 579 [1993]) standard in a Jan. 13 response to a defense motion for no-causation summary judgment in the U.S. District Court for the Southern District of Texas (Mark McManaway, et al. v. KBR Inc., et al., No. 10-1044, S.D. Texas; See 12/23/11, Page 13). Full story on lexis.com (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)

Oil Production Companies Seek Order Dismissing Claim For Medical Monitoring

LexisNexis® Mealey's™ Emerging Toxic Torts Legal News — Fri, 27 Jan 2012 00:37:13 +0100

NEW ORLEANS - Oil production companies that removed a naturally occurring radioactive material exposure lawsuit to the U.S. District Court for the Eastern District of Louisiana on Jan. 11 filed a joint motion on Jan. 18 to dismiss a medical monitoring claim in the petition under Federal Rule of Civil Procedure 12(b)(6) for failing to state a claim (Junius Royal Jr. v. Exxon Mobil Corp., No. 12-81, E.D. La.). Full story on lexis.com (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)

Medical Liability of the Physician in Training.

Clinical Orthopaedics and Related Research — Thu, 26 Jan 2012 05:00:00 +0100

CONCLUSIONS: Physician representation, nature of conduct, and extent of supervision of that conduct are relevant factors used by courts to determine liability. However, the recent standards are those of the physician who directly supervises the professional conduct of a resident in a given situation. PMID: 22278849 [PubMed - as supplied by publisher] (Source: Clinical Orthopaedics and Related Research)

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Big Pharma may have to face consequences of DES-breast cancer link in court

NaturalNews.com — Wed, 25 Jan 2012 06:00:00 +0100

The first-ever lawsuit hinging on the link between DES and breast cancer may soon come to court in Boston. Fifty-three DES daughters are attempting to sue 14 drug manufacturers for the health consequences of one of the pharmaceutical industry's more notorious products... (Source: NaturalNews.com)

Whistleblower Lawsuit Filed Against 5 Cardiologists in Pennsylvania

Forbes.com Healthcare News — Tue, 24 Jan 2012 16:43:02 +0100

The US government has joined a cardiologist in a whistleblower lawsuit against Hamot Medical Center in western Pennsylvania and a group of cardiologists with whom he once practiced, Ed Palattella reports in the Erie Times-News. (Source: Forbes.com Healthcare News)

Court-visited obstetrical and fertility procedures

Archives of Gynecology and Obstetrics — Tue, 24 Jan 2012 07:34:52 +0100

Conclusions Court-ordered obstetrical procedures present an unsettled legal forum in terms of their complex interplay. The awareness of legal precedent can alert providers to possibility of an exception to the general presumption that the mother is competent, where it might trigger a legal or ethical council. Screening inventories (covering maternal–fetal attachment, judgmental fitness, prior obstetrical history, perinatal risk, formal/informal social support) jointly developed by the health providers and lawyers would assist involved parties in resolving complex situations without resorting to legal conflicts. Content Type Journal ArticleCategory Maternal-Fetal MedicinePages 1-9DOI 10.1007/s00404-012-2216-7Authors Naira Roland Matevosyan, Open Medical Institute...

Lawsuit Alleges Unnecessary PCIsLawsuit Alleges Unnecessary PCIs

Medscape Today Headlines — Mon, 23 Jan 2012 22:40:39 +0100

A new whistle-blower lawsuit filed in US District Court claims that five cardiologists from two medical practices in Erie, PA defrauded Medicare by performing unnecessary cardiac and vascular surgeries and interventional procedures between 2001 and 2005. Heartwire (Source: Medscape Today Headlines)

Cardiologists accused of defrauding Medicare by performing unnecessary cardiac procedures

theHeart.org — Mon, 23 Jan 2012 21:30:18 +0100

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Perrigo Confirms Filing For Generic Version Of Astepro® Nasal Spray And Announcement Of Patent Infringement Lawsuit By Meda Pharmaceuticals

Pharmaceutical Online News — Mon, 23 Jan 2012 09:29:00 +0100

Perrigo Company (Nasdaq: PRGO;TASE) announced that it has filed with the U.S. Food and Drug Administration (FDA) an Abbreviated New Drug Application (ANDA) for azelastine hydrochloride nasal spray (0.15%) and has notified Meda Pharmaceuticals, Inc., the owner of the New Drug Application (NDA) of its filing. (Source: Pharmaceutical Online News)

Health Highlights: Jan. 22, 2012

Primary Care News - Doctors Lounge — Sun, 22 Jan 2012 22:34:00 +0100

Former Penn State Football Coach Joe Paterno Dead at 85 One of World's Smallest Babies Leaving L.A. Hospital New Stem Cell-Based Drug Approved by South Korea Merck to Pay $36 Million to Settle Vioxx Lawsuits in Canada (Source: Primary Care News - Doctors Lounge)

FDA Approves New Fentanyl Deliver System: AttorneyOne.com Notes...

PRWeb: Medical Pharmaceuticals — Sat, 21 Jan 2012 05:56:11 +0100

A lawsuit filed in the Seminole County Circuit Court, Florida No. 04 CA 1311-10-K revealed that Susan Hodgemire, a 34 year old mother of five, died of fentanyl overdose after placing two Duragesic...(PRWeb January 18, 2012)Read the full story at http://www.prweb.com/releases/2012/1/prweb9109528.htm (Source: PRWeb: Medical Pharmaceuticals)

After The Risperdal Trial, J&J Looks More Like Humpty-Dumpty

Forbes.com Healthcare News — Fri, 20 Jan 2012 19:58:13 +0100

Now that Johnson & Johnson has agreed to pay $158 million to settle a lawsuit in which the Texas Attorney General charged the drugmaker with a whopper of a scheme to illegally promote its Risperdal antipsychotic, a couple of questions must be asked: why was a deal not made sooner? Moreover, why did Johnson & Johnson risk further damaging its tattered reputation by going to court to fight a lawsuit that media reports indicated months earlier would easily cast the drugmaker in a terrible light? (Source: Forbes.com Healthcare News)

Health Highlights: Jan. 20, 2012

Primary Care News - Doctors Lounge — Fri, 20 Jan 2012 15:08:00 +0100

One of World's Smallest Babies Leaving L.A. Hospital New Stem Cell-Based Drug Approved by South Korea Merck to Pay $36 Million to Settle Vioxx Lawsuits in Canada (Source: Primary Care News - Doctors Lounge)

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Merck to pay millions to settle lawsuits in Canada

CTV Health — Fri, 20 Jan 2012 03:58:54 +0100

Pharmaceutical titan Merck and Co. Inc. has agreed to compensate more than a thousand Canadians who blame the company's pain medication for increasing their risk of cardiac complications. (Source: CTV Health)

Johnson & Johnson Settles Risperdal Claim in Texas

NYT Health — Fri, 20 Jan 2012 02:34:40 +0100

Johnson & Johnson said it would pay $158 million to end a lawsuit that accused it of inappropriately marketing its Risperdal antipsychotic drug to Texas residents on Medicaid. (Source: NYT Health)

J&J to pay $158 million to settle Texas Risperdal case

Reuters: Health — Thu, 19 Jan 2012 17:43:16 +0100

AUSTIN, Texas (Reuters) - Johnson & Johnson said on Thursday it will pay $158 million to settle a Texas lawsuit accusing the drugmaker of improperly marketing its Risperdal anti-psychotic drug to state residents on the Medicaid health program for the poor. (Source: Reuters: Health)

Michael White: trusts need to be wary of the lure of lawsuits

HSJ — Thu, 19 Jan 2012 06:01:00 +0100

Catching my eye before Christmas was the £4.5m employment tribunal award against Mid Yorkshire Hospitals Trust in the case ofconsultant Eva Michalak. (Source: HSJ)

Align Technology Issues Response to Ortho Caps GmbH Press Release

Medical News (via PRIMEZONE) — Wed, 18 Jan 2012 23:16:00 +0100

SAN JOSE, Calif., Jan. 18, 2012 (GLOBE NEWSWIRE) -- Align Technology, Inc. (Nasdaq:ALGN) today responded to a press release issued by German company Ortho Caps GmbH relating to a patent infringement lawsuit Align filed against Ortho Caps on December 21, 2011 in the District Court of Dusseldorf. In the lawsuit, Align asserts that Ortho Caps infringes five Align patents with respect to the production and sale of Ortho Caps orthodontic aligners. On January 18, 2012 Ortho Caps GmbH issued an English-language press release alleging that the patent claims Align has asserted against Ortho Caps are invalid. (Source: Medical News (via PRIMEZONE))

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California Blues will pay Los Angeles $2 million to settle rescission lawsuit

American Medical News - BUSINESS — Wed, 18 Jan 2012 13:06:20 +0100

Health system reform made rescinding coverage illegal except in cases of fraud. The company has not admitted wrongdoing. (Source: American Medical News - BUSINESS)

Iasis: Sanctions levied against ex-employee's lawyers

bizjournals.com Health Care:Pharmaceuticals headlines — Tue, 17 Jan 2012 20:53:35 +0100

Franklin-based Iasis Healthcare announced today that a federal judge has ruled attorneys representing a former employee in a lawsuit against Iasis engaged in ethical misconduct and ordered them to pay the company certain fees and costs. This past November, the former employee, Jerre Frazier, voluntarily withdrew his appeal of a June federal court decision that dismissed his claim, thereby ending a six-year legal battle with Iasis. It was part of Frazier’s third complaint filed as part of the case... (Source: bizjournals.com Health Care:Pharmaceuticals headlines)

Alnylam Files Patent Infringement Suit Against Tekmira

Pharmaceutical Online News — Tue, 17 Jan 2012 14:08:00 +0100

Alnylam Pharmaceuticals, Inc., a leading RNAi therapeutics company, announced recently that it has filed a patent infringement lawsuit against Tekmira Pharmaceuticals Corporation in the U.S. District Court of the District of Massachusetts. (Source: Pharmaceutical Online News)

Dispensary lawsuit presents hurdle for Arizona medical marijuana law

bizjournals.com Health Care:Biotechnology headlines — Sun, 15 Jan 2012 15:39:30 +0100

Arizona’s medical marijuana industry received a reprieve when Gov. Jan Brewer announced on Friday she would not continue to challenge the voter-approved medical marijuana law, but another lawsuit has put a kink in the process. A lawsuit filed in July by Compassion First LLC, a dispensary company, against the state and government officials in Arizona Superior Court is the next hurdle. Gerald Gaines, founder of Compassion First said he will not drop the lawsuit. “Not in a million years,” he said... (Source: bizjournals.com Health Care:Biotechnology headlines)

Meat eaters – you are daredevils or dumb. Or both | Barbara Ellen

Guardian Unlimited Science — Sun, 15 Jan 2012 00:04:21 +0100

People who've been informed of the dangers of meat, particularly the cheap processed variety, but who continue to wolf it down should be held accountableThere have been times during my years of vegetarianism when I've wondered if I may indeed grow out of it. I've wondered if there might come a day when I'll put aside my childish aversion to the thought of dead stuff travelling through my intestines, like a corpse on a raft ride.However, it could never happen, and not because I'm so enlightened, sensitive or any of the other euphemisms for "whining hippie" usually dumped on vegetarians. My conversion to flesh-eating couldn't happen because, frankly, I'm not stupid enough. As in, I can read.Analysis of more than 6,000 pancreatic cancer cases published in the British Journal of Cancer says th...

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Preliminary Discovery Underway In DePuy Pinnacle Hip Replacement MDL

PRWeb: Medical Pharmaceuticals — Sat, 14 Jan 2012 17:41:50 +0100

Bernstein Liebhard LLP reports on new orders issued in In re: DePuy Orthopaedics, Inc. Pinnacle Hip Implant Products Liability Litigation. A stay of discovery has been lifted, which will allow the...(PRWeb January 12, 2012)Read the full story at http://www.prweb.com/releases/pinnacle-hip-lawsuit/consumer-injury-lawyers/prweb9104067.htm (Source: PRWeb: Medical Pharmaceuticals)

Federal Actos Lawsuits Consolidated In The Western District of...

PRWeb: Medical Pharmaceuticals — Sat, 14 Jan 2012 17:41:50 +0100

Bernstein Liebhard LLP reports that all Actos lawsuits pending in federal courts nationwide alleging that Actos use leads to bladder cancer have been consolidated into a multidistrict litigation.(PRWeb January 11, 2012)Read the full story at http://www.prweb.com/releases/actos-lawsuits/consumer-injury-lawyers/prweb9100051.htm (Source: PRWeb: Medical Pharmaceuticals)

Dispensary lawsuit presents hurdle for Arizona medical marijuana law

bizjournals.com Health Care:Pharmaceuticals headlines — Sat, 14 Jan 2012 17:35:32 +0100

Federal Magistrate Rules Supplemental Report Untimely In Iraq C6 Exposure Lawsuit

LexisNexis® Mealey's™ Emerging Toxic Torts Legal News — Sat, 14 Jan 2012 10:16:58 +0100

PORTLAND, Ore. - A defense motion to exclude a supplemental report by a causation expert for the Oregon National Guard members suing Iraq War contractors for exposure to hexavalent chromium in Iraq was denied Dec. 30 in the U.S. District Court for the District of Oregon, but the defendants will be allowed to recover legal costs related to the supplemental report because the magistrate judge concluded that it was not timely filed (Rocky Bixby, et al. v. KBR, Inc., et al., No. 09-632, D. Ore.; 2011 U.S. Dist. LEXIS 149787; See 12/23/11, Page 11). Full story on lexis.com (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)

Joint Proposed Schedule Filed In Missouri Lawsuit Alleging Radiation Exposure

LexisNexis® Mealey's™ Emerging Toxic Torts Legal News — Sat, 14 Jan 2012 10:16:58 +0100

ST. LOUIS - Norfolk Southern Railway Co. and a worker who alleges that he contracted leukemia because of occupational exposure to ionizing radiation filed a joint proposed schedule on Dec. 6 in the U.S. District Court for the Eastern District of Missouri; the parties aver that the case will be ready for trial no earlier than Feb. 28, 2013 (William T. Wiser v. Norfolk Southern Railway Co., No. 11-1805, E.D. Mo.; See 11/1/11, Page 19). Full story on lexis.com (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)

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Plaintiffs File Motions To Adopt TVA Ash Litigation Record From Phase I Of Trial

LexisNexis® Mealey's™ Emerging Toxic Torts Legal News — Sat, 14 Jan 2012 10:16:58 +0100

KNOXVILLE, Tenn. - Plaintiffs in 12 lawsuits alleging claims against the Tennessee Valley Authority for the December 2008 coal ash slurry spill at the Kingston, Tenn., coal-powered generation plant and the authority on Dec. 23 filed joint motions to adopt the record of the September property damage trial against the TVA in the U.S. District Court for the Eastern District of Tennessee (Amanda Harness, et al. v. Tennessee Valley Authority, No. 11-574, E.D. Tenn.). Full story on lexis.com (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)

TVA Sued For Ash Spill On Anniversary Of Incident At Coal Generation Plant

LexisNexis® Mealey's™ Emerging Toxic Torts Legal News — Sat, 14 Jan 2012 10:16:58 +0100

KNOXVILLE, Tenn. - Two married couples and four individuals filed a property damage and loss of enjoyment lawsuit on Dec. 22 in the U.S. District Court for the Eastern District of Tennessee against the Tennessee Valley Authority for operations of a coal-fired power plant that allegedly caused a December 2008 spill of a billion gallons of heavy-metal-laden coal ash slurry (Frankie Hawn, et al. v. Tennessee Valley Authority, No. 11-613, E.D. Tenn.). Full story on lexis.com (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)

Personal Injury Claims Removed By Paper Mill Operator To Consolidated Litigation

LexisNexis® Mealey's™ Emerging Toxic Torts Legal News — Sat, 14 Jan 2012 10:16:58 +0100

NEW ORLEANS - The owner of a Bogalusa, La., paper mill accused of discharging waste known as black liquor into the Pearl River filed notice Jan. 4 to remove a personal injury lawsuit to the U.S. District Court for the Eastern District of Louisiana where the claims of hundreds of plaintiffs arising from the same August incident are consolidated (William Kristopher Collins v. TIN Inc., No. 12-18, E.D. La.). Full story on lexis.com (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)

Mesothelioma Center Week In Review: A Look To the Future, A Glance At the Past for Mesothelioma

Asbestos and Mesothelioma News — Fri, 13 Jan 2012 22:11:31 +0100

Asbestos abatement violators go to trial, Orphan Drug Designation comes alive, Steve McQueen and Warren Zevon all take the stage at the Mesothelioma Center this week. (Source: Asbestos and Mesothelioma News)

Trial Starts for Men Accused of Illegally Removing Asbestos from Salvage Site

Asbestos and Mesothelioma News — Fri, 13 Jan 2012 17:54:23 +0100

Three men are on trial in a U.S. District Court in Chattanooga after being accused of illegally removing asbestos from a salvage site, according to an 11-count indictment from a federal grand jury. (Source: Asbestos and Mesothelioma News)

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Lawsuit Says Walgreen, Par Pharma Overcharged

WSJ.com: Health — Fri, 13 Jan 2012 17:47:16 +0100

A union benefits fund filed a class-action lawsuit against Walgreen and Par Pharmaceutical, accusing the companies of engaging in "at least two widespread schemes to overcharge" for generic drugs. (Source: WSJ.com: Health)

Woman settles suit over mistaken cancer mastectomy

CTV Health — Thu, 12 Jan 2012 21:35:17 +0100

A woman whose healthy breast was removed in the mistaken belief it was cancerous has settled her lawsuit against the hospital and doctors who operated on her. (Source: CTV Health)

EPA, Federal Courts Continue Crackdown on Violations of Asbestos Regulations

Asbestos and Mesothelioma News — Tue, 10 Jan 2012 19:28:45 +0100

The EPA is asking a federal district court in New Jersey to access a hefty fine against Lovett Contracting, just the latest violator of (Source: Asbestos and Mesothelioma News)

Boston lawsuit claims DES-breast cancer link

USATODAY.com Health — Tue, 10 Jan 2012 17:36:27 +0100

Three decades later, a woman believes that the drug her mother took to prevent miscarriages caused her to develop breast cancer at age 44. (Source: USATODAY.com Health)

Guatemalans' STD lawsuit invalid, U.S. argues

Health News: CBSNews.com — Tue, 10 Jan 2012 15:30:27 +0100

Obama administration says U.S. protected by Federal Tort Claims Act, cannot be sued for "troubling" 1940s experiments (Source: Health News: CBSNews.com)

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Texas prosecutors seek more than $1bn from Johnson & Johnson

Pharmaceutical Technology — Tue, 10 Jan 2012 00:00:00 +0100

Prosecutors in Texas are seeking in excess of $1bn in damages from Johnson & Johnson in a lawsuit that alleges the pharmaceutical company overstated the safety of its anti-psychotic drug Risperdal. (Source: Pharmaceutical Technology)

An Oily Case: Chevron's Never-Ending, Record-Breaking Lawsuit in Ecuador

TIME.com: Top Science and Health Stories — Mon, 09 Jan 2012 10:20:55 +0100

How long has the legal battle between indigenous groups in the Ecuadorean Amazon and the oil giant Chevron been going on? (Source: TIME.com: Top Science and Health Stories)

FTC lawsuit targets acai berry marketing ads that pose as legitimate product reviews

NaturalNews.com — Mon, 09 Jan 2012 06:00:00 +0100

Earlier in the year, the Consumer Wellness Center (CWC) conducted an investigation into those tricky acai berry diet advertisements that lure web surfers into purchasing "free" or low-cost trials of weight loss supplements, only to have their credit cards charged for... (Source: NaturalNews.com)

Cancer Society lauds tobacco lawsuit go-ahead

CTV Health — Sat, 07 Jan 2012 20:22:28 +0100

The Canadian Cancer Society says a multibillion-dollar Ontario lawsuit against seven foreign-based tobacco companies, could, if successful, reduce smoking rates and improve the health of residents in the province. (Source: CTV Health)

No Hearing for Ear Candle Case Against FDA, Court Says

MedPage Today Public Health — Sat, 07 Jan 2012 18:00:00 +0100

(MedPage Today) -- A federal appeals court has dismissed a lawsuit brought against the FDA by makers and users of ear candles, ruling that the groups don't have a case. (Source: MedPage Today Public Health)

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[News of the Week] Newsmakers

Science: This Week — Fri, 06 Jan 2012 23:51:54 +0100

This week's Newsmakers are pathology professor Vincent Dammai of the Medical University of South Carolina, who is accused of harvesting stem cells from umbilical cords without any oversight and selling them illegally; Craig Thompson, president of Memorial Sloan-Kettering Cancer Center, who is facing a $1 billion lawsuit from the cancer center he used to head; and John Grunsfeld, who this week became head of NASA's $5 billion science mission directorate. (Source: Science: This Week)

Ontario judge says C$50 billion tobacco suit can proceed

Reuters: Health — Fri, 06 Jan 2012 23:08:14 +0100

TORONTO (Reuters) - An Ontario judge has ruled that a C$50 billion ($48.82 billion) lawsuit against a group of 14 tobacco companies can proceed, after rejecting an application to dismiss the lawsuit by a group of seven companies. (Source: Reuters: Health)

Court backs Ontario's $50B lawsuit against tobacco

CTV Health — Fri, 06 Jan 2012 13:55:30 +0100

Tobacco companies at the centre of a $50-billion lawsuit by the Ontario government had their hopes dashed on Friday when a judge dismissed their bid to have the case dropped. (Source: CTV Health)

Status Conference Upcoming in Topamax Side Effects Lawsuit Being...

PRWeb: Medical Pharmaceuticals — Fri, 06 Jan 2012 06:35:15 +0100

The Consumer Justice Foundation, which is a for-profit corporation that makes it its mission to staff its team with professional consumer advocates who alert the public to dangers regarding certain...(PRWeb January 05, 2012)Read the full story at http://www.prweb.com/releases/2012/1/prweb9082632.htm (Source: PRWeb: Medical Pharmaceuticals)

Tylenol maker over boy's death

Health News - UPI.com — Fri, 06 Jan 2012 05:02:27 +0100

PHILADELPHIA, Jan. 5 (UPI) -- A U.S. couple filed a lawsuit in Philadelphia against Johnson & Johnson Inc. alleging Very Berry Strawberry Children's Tylenol was linked to their son's death. (Source: Health News - UPI.com)

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Tylenol maker sued over boy's death

Health News - UPI.com — Fri, 06 Jan 2012 05:02:27 +0100

11th Circuit Panel Affirms Judgment For Defendant In Atrazine Exposure Lawsuit

LexisNexis® Mealey's™ Emerging Toxic Torts Legal News — Fri, 06 Jan 2012 00:03:24 +0100

ATLANTA - The 11th Circuit U.S. Court of Appeals issued a per curiam opinion on Dec. 13 affirming a defense judgment in a personal injury products liability lawsuit filed against DuPont in Florida for exposure to Atrazine in the fungicide Benlate (Guillermo Ramirez v. E.I. du Pont de Nemours & Co., No. 11-10035, 11th Cir.; 2011 U.S. App. LEXIS 24654). Full story on lexis.com (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)

Federal Magistrate Judge Hears Causation Arguments In Iraq C6 Exposure Lawsuit

LexisNexis® Mealey's™ Emerging Toxic Torts Legal News — Fri, 06 Jan 2012 00:03:24 +0100

PORTLAND, Ore. - A motion to dismiss for lack of causation evidence and a motion to exclude a supplemental report by an expert for the Oregon National Guard members suing George W. Bush administration contractors for exposure to hexavalent chromium in Iraq were taken under advisement on Dec. 16 after oral arguments before Magistrate Judge Paul Papak in the U.S. District Court for the District of Oregon (Rocky Bixby, et al. v. KBR, Inc., et al., No. 09-632, D. Ore.; See 8/16/11, Page 19). Full story on lexis.com (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)

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Georgia Panel Orders Retrial, Finds Abuse Of Discretion In CO Personal Injury Case

LexisNexis® Mealey's™ Emerging Toxic Torts Legal News — Fri, 06 Jan 2012 00:03:24 +0100

ATLANTA - For a second time, a First Division Georgia Court of Appeals panel has overturned a defense judgment and remanded a carbon monoxide exposure personal injury lawsuit for retrial; the panel found the trial court abused its discretion and erred in decisions regarding jury selection; the opinion was entered Dec. 16 (Jocelyn Harper v. Barge Air Conditioning Inc., No. A11A1928, Ga. App., 1st Div.; 2011 Ga. App. LEXIS 1112). Full story on lexis.com (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)

Pennsylvania Federal Judge Declines Jurisdiction Over Declaratory Judgment Action

LexisNexis® Mealey's™ Emerging Toxic Torts Legal News — Fri, 06 Jan 2012 00:03:24 +0100

PHILADELPHIA - A U.S. District Court for the Eastern District of Pennsylvania judge declined to exercise discretionary jurisdiction over a declaratory judgment action arising from a carbon monoxide exposure personal injury lawsuit pending in state court in a Dec. 9 order granting summary judgment against an insurance company seeking relief from alleged duties to the defendant in the state lawsuit (General Casualty Co. of Wisconsin v. Shirley Guzikowski, No. 11-5154, E.D. Pa.; 2011 U.S. Dist. LEXIS 141654). Full story on lexis.com (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)

Paper Mill Owner Files Notice To Remove Related Actions Alleging Paper Mill Release

LexisNexis® Mealey's™ Emerging Toxic Torts Legal News — Fri, 06 Jan 2012 00:03:24 +0100

NEW ORLEANS - A paper mill owner cites the Class Action Fairness Act of 2005 (CAFA) and diversity of citizenship as grounds to remove two related lawsuits to the U.S. District Court for the Eastern District of Louisiana in nearly identical notices of removal filed Dec. 8 (Richard E. Singletary, et al. v. TIN Inc., No. 11-3018; Liars and Lunkers, et al. v. TIN Inc., et al., No. 11-3021, E.D. La.). Full story on lexis.com (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)

Fracking Lawsuit Defendants Deny Service Of Subpoena In Pennsylvania Litigation

LexisNexis® Mealey's™ Emerging Toxic Torts Legal News — Fri, 06 Jan 2012 00:03:24 +0100

SCRANTON, Pa. - A natural gas extraction company and a subsidiary being sued in the U.S. District Court for the Middle District of Pennsylvania for property damage and personal injury by surface estate owners in Susquehanna County, Pa., challenge service of a subpoena in a Dec. 2 reply in support of their motion to quash a demand to appear for deposition pending against their real estate appraisal expert (Norma J. Fiorentino, et al. v. Cabot Oil & Gas Corporation, et al., No. 09-2284, M.D. Pa.; See 11/15/11, Page 5). Full story on lexis.com (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)

Civilian Alleges Exposure To Sea Dye Marker In Tank On Marine Corps Aircraft

LexisNexis® Mealey's™ Emerging Toxic Torts Legal News — Fri, 06 Jan 2012 00:03:24 +0100

BEAUFORT, S.C. - A civilian aircraft mechanic working at the Marine Corps Air Station in Beaufort filed a Federal Tort Claims Act personal injury lawsuit on Dec. 15 in the U.S. District Court for the District of South Carolina for allegedly being exposed to sea dye marker (Warren J. Disbrow v. United States, No. 11-3410, D. S.C.). Full story on lexis.com (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)

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Defense Motions To Strike Denied In California Lawsuit To Recover For Crop Damage

LexisNexis® Mealey's™ Emerging Toxic Torts Legal News — Fri, 06 Jan 2012 00:03:24 +0100

FRESNO, Calif. - An order denying a defense motion to strike portions of a complaint filed by an almond farmer against pesticide applicators for damage to his almond orchard he alleges was caused by the application of pesticides in violation of the Federal Insecticide, Fungicide and Rodenticide Act was filed Nov. 16 in the U.S. District Court for the Eastern District of California (Steve Yursik v. Inland Crop Dusters Inc., No. 11-1602, E.D. Calif.; 2011 U.S. Dist. LEXIS 132275). Full story on lexis.com (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)

Refinery Operator Removes Worker Personal Injury Claims From Louisiana State Court

LexisNexis® Mealey's™ Emerging Toxic Torts Legal News — Fri, 06 Jan 2012 00:03:24 +0100

NEW ORLEANS - Valero Refining - New Orleans cites diversity of citizenship as grounds to remove a hydrogen sulfide occupational exposure personal injury lawsuit to the U.S. District Court for the Eastern District of Louisiana in a notice filed Nov. 14 (Lazaro R. Alvarez v. Valaero Refining - New Orleans, et al., No. 11-1836, E.D. La.). Full story on lexis.com (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)

Oklahoma Suit Removed For Diversity, Damages Alleges Perchlorate Exposure Injuries

LexisNexis® Mealey's™ Emerging Toxic Torts Legal News — Fri, 06 Jan 2012 00:03:24 +0100

OKLAHOMA CITY - Halliburton Energy Services Inc. filed notice Nov. 10 in the U.S. District Court for the Western District of Oklahoma to remove a lawsuit filed by 87 Stephens County, Okla., residents who allege personal injuries caused by exposure to ammonium perchlorate and nitrates released during rocket maintenance in their domestic well water (Amanda Alexander, et al. v. Halliburton Co., et al., No. 11-1343, W.D. Okla.). Full story on lexis.com (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)

US Sues Hospice Company for Medicare FraudUS Sues Hospice Company for Medicare Fraud

Medscape Today Headlines — Thu, 05 Jan 2012 21:11:19 +0100

A national hospice company improperly cycled patients through nursing homes and hospice, according to a whistleblower lawsuit announced this week. Kaiser Health News (Source: Medscape Today Headlines)

Andrew Wakefield sues BMJ for claiming MMR study was fraudulent

Guardian Unlimited Science — Thu, 05 Jan 2012 18:17:42 +0100

BMJ and investigative journalist stand by allegations in articles about research linking MMR vaccine to autismAndrew Wakefield, the doctor who was struck off the medical register after triggering a health scare linking autism to the MMR vaccine, is suing the editor-in-chief of the British Medical Journal for defamation.In a complaint filed to a district court in Texas, lawyers acting for Wakefield claim that articles, editorials and other statements that appeared in the BMJ were "false and make defamatory allegations" about the doctor.The lawsuit names Fiona Godlee, the BMJ's editor-in-chief, and the British investigative journalist Brian Deer, who has covered the controversy over the measles, mumps and rubella vaccine, which led to a drop in MMR vaccination rates to dangerous levels.Docum...

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Mississippi Judge Throws Out Record $322 Million Lawsuit Verdict

Asbestos and Mesothelioma News — Thu, 05 Jan 2012 15:41:52 +0100

Thomas Brown won $322 million in his asbestos lawsuit against Union Carbide and Chevron Oil in 2011, but a Mississippi judge rescinded the verdict, agreeing with Union Carbide that the presiding judge should have disclosed that his parents had been involved in unrelated asbestos litigation against one of the defendants. A new trial is scheduled for April. (Source: Asbestos and Mesothelioma News)

Woman files class action lawsuit against Frito-Lay for marketing genetically-modified snacks as 'all natural'

NaturalNews.com — Thu, 05 Jan 2012 06:00:00 +0100

Many major food manufacturers have been on a kick to jump on the "all natural" bandwagon, with all sorts of processed food products now claiming to be healthy and free of artificial and synthetic ingredients. However, one such company, Frito-Lay, is the subject of a... (Source: NaturalNews.com)

Health-Law Opponents Try to Add Plaintiffs to Lawsuit

WSJ.com: Health — Thu, 05 Jan 2012 00:18:30 +0100

A small-business group fighting the health-care law asked the Supreme Court to add two plaintiffs to its lawsuit after possible problems arose with an initial plaintiff. (Source: WSJ.com: Health)

Researcher Retracts Cancer Biomarker Paper Cited by Lawsuit

ScienceNOW — Wed, 04 Jan 2012 19:52:40 +0100

A paper on a new cancer biomarker that led a company to sue two... (Source: ScienceNOW)

Whistleblowers Claim Medicare Defrauded Into Paying For Hospice Care

Forbes.com Healthcare News — Tue, 03 Jan 2012 21:36:16 +0100

First enacted during the Civil War, the federal False Claims Act , 31 U.S.C. § 3729 et seq., authorizes treble damages and a penalty from $5,500 to $11,000 per claim for anyone who knowingly submits or causes the submission of a false or fraudulent claim to the United States. Under the False Claims Act, whistleblowers may file lawsuits on behalf of the United States and share in any recovery. SIDE BAR: For a detailed discussion of the False Claims Act process: Visit As a result of information provided by whistleblowers Dawn Richardson and Marsha Brown, former employees of AseraCare Hospice, on January 23, 2012, the United States intervened and filed a Complaint against AseraCare Hospice in U.S. District Court for the Northern District of Alabama. United States ex rel. Richardson and...

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Kansas City Drug Injury Lawyer Provides Updates on Topamax and Zoloft...

PRWeb: Medical Pharmaceuticals — Sun, 01 Jan 2012 05:58:36 +0100

A status conference is set for early January in Topamax litigation in the Philadelphia County Court of Common Pleas, while Mass Tort status is being sought for Zoloft cases, says attorney Derek H....(PRWeb December 30, 2011)Read the full story at http://www.prweb.com/releases/drug-injury-lawyer/topamax-zoloft-lawsuits/prweb9070151.htm (Source: PRWeb: Medical Pharmaceuticals)

Texas Tort Reform: More Complaints, Lower Costs

Clinical Endocrinology News — Sun, 01 Jan 2012 05:00:00 +0100

HOT SPRINGS, VA. – Since tort reform in Texas, the number of lawsuits and associated costs have decreased, but patient complaints to the state medical board and board investigations of physicians have risen, according to an analysis presented at the meeting. (Source: Clinical Endocrinology News)

Protecting patients’ private information

Dental Abstracts — Sun, 01 Jan 2012 05:00:00 +0100

In the case of Paul v Providence Health System-Oregon, 240 P.3d 1110 (Ore. Ct. App., 2010), the patient files of a dentist had been inside a briefcase securely locked overnight in the dentist’s car. The car was broken into and the briefcase was stolen. The unencrypted files included personal and medical information as well as clinical information, and the dentist immediately contacted all patients who were involved. A number of patients filed a class-action lawsuit against the dentist, claiming damages that they had suffered or would suffer in the form of financial injury involved in monitoring credit reports, notifying credit bureaus of fraud alerts, notifying the Social Security Administration and other governmental or law enforcement bodies, and possibly repairing identity theft damag...

GE to settle $30M Medicare fraud lawsuit

AuntMinnie.com Headlines — Fri, 30 Dec 2011 15:57:13 +0100

GE Healthcare will pay $30 million to the U.S. Centers for Medicare and Medicaid (more) (Source: AuntMinnie.com Headlines)

Blue Shield wins one, settles another on canceling policies

bizjournals.com Health Care:Hospitals headlines — Thu, 29 Dec 2011 23:01:05 +0100

Blue Shield of California has agreed to pay $2 million to settle one lawsuit over the controversial practice of canceling coverage after a client gets sick — but the company has won vindication at the appeals court level on different case. Legal action on both cases were announced Wednesday, suggesting facts are key in the complicated issue of whether insurers can cancel policies for lack of disclosure on insurance applications. Both lawsuits have been in the works for years. A federal ban on so-called “recissions” for unintentional application errors was included in federal health care reform and took effect in September 2010... (Source: bizjournals.com Health Care:Hospitals headlines)

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Court nixes Medi-Cal fee cuts to pharmacies, nursing units

bizjournals.com Health Care:Hospitals headlines — Thu, 29 Dec 2011 21:27:02 +0100

In twin orders on Tuesday, a federal judge tossed California’s 10 percent cuts in Medi-Cal fees to pharmacies and skilled nursing units inside hospitals. Adopted by the Legislature in March to help fill a multibillion-dollar gap in the state budget, the cuts were supposed to take effect in June but needed federal approval. That came in late October, but hospitals and pharmacies sued to stop the reductions. The lawsuits, filed in federal court in Los Angeles, alleged the cuts violate federal law that requires payments sufficient to attract enough providers so care and services provided to Medicaid patients are at least as good as those offered the general public... (Source: bizjournals.com Health Care:Hospitals headlines)

Deadline Approaching For Pending Lawsuits Regarding 9/11 and Compensation Fund

Asbestos and Mesothelioma News — Thu, 29 Dec 2011 20:59:12 +0100

Anyone wanting to apply for inclusion in the government's Victims Compensation Fund regarding the 9/11 terrorist attack of the World Trade Center must withdraw a pending lawsuit by Jan. 2, 2012. It is the latest hard decision to make for those who fear mesothelioma cancer from intense asbestos exposure. (Source: Asbestos and Mesothelioma News)

New York Unions Sue Over Retiree Health-Care ChangeNew York Unions Sue Over Retiree Health-Care Change

Medscape Medical News Headlines — Thu, 29 Dec 2011 19:18:23 +0100

Seven New York state unions filed federal lawsuits on Wednesday seeking to prevent Governor Andrew Cuomo from increasing the amount that retired workers pay for health care. Reuters Health Information (Source: Medscape Medical News Headlines)

1 in 3 Fla. health care dollars spent on unnecessary care

bizjournals.com Health Care:Biotechnology headlines — Thu, 29 Dec 2011 14:45:28 +0100

In order to keep from being sued, physicians are ordering unnecessary tests and treatments, according to a new Florida physician poll released by Patients for Fair Compensation. One in three dollars spent on health care in Florida are going towards unneeded tests; this spending equates to more than $40 billion each year. The poll, conducted by Oppenheim Research on behalf of Patients for Fair Compensation, showed that of physicians surveyed statewide, 88 percent said they practiced some form of "defensive medicine" in the past 12 months to protect themselves from frivolous lawsuits. (Source: bizjournals.com Health Care:Biotechnology headlines)

Unions sues NYS over retiree health-care costs

bizjournals.com Health Care:Biotechnology headlines — Thu, 29 Dec 2011 14:08:09 +0100

The Civil Service Employees Association, United University Professions, Public Employees Federation and other unions are suing New York state over a decision to increase health-care contributions for retirees. The lawsuit contends New York violated the U.S. Constitution by making changes to the benefits. The lawsuits were filed in federal court in Albany. The unions say retirees contribute 10 percent of the costs associated with individual health insurance coverage and 25 percent for family coverage... (Source: bizjournals.com Health Care:Biotechnology headlines)

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1 in 3 Fla. health care dollars spent on unnecessary care

bizjournals.com Health Care:Biotechnology headlines — Thu, 29 Dec 2011 13:57:45 +0100

One in three dollars spent on health care in Florida currently pays for unnecessary tests and treatments that physicians order to keep from being sued, according to a new Florida physician poll released by Patients for Fair Compensation. This spending equates to more than $40 billion each year. The poll, conducted by Oppenheim Research on behalf of Patients for Fair Compensation, showed that of physicians surveyed statewide, 88 percent said they practiced some form of "defensive medicine" in the past 12 months to protect themselves from frivolous lawsuits. (Source: bizjournals.com Health Care:Biotechnology headlines)

New York unions sue over retiree health-care change

Modern Medicine — Thu, 29 Dec 2011 05:00:00 +0100

ALBANY, New York (Reuters) - Seven New York state unions filed federal lawsuits on Wednesday seeking to prevent Governor Andrew Cuomo from increasing the amount that retired workers pay for health care. (Source: Modern Medicine)

Firefighters Receive Lifetime Health Monitoring After Dangerous Asbestos Exposure

Asbestos and Mesothelioma News — Tue, 27 Dec 2011 21:00:31 +0100

The city of Everett,. Washington agreed to pay for lifetime health monitoring for fighters who were exposed to asbestos during faulty training sessions, as a part of a legal settlement. (Source: Asbestos and Mesothelioma News)

Class Action Filed in Google Books Case

News from STM — Tue, 27 Dec 2011 15:32:11 +0100

December 19, 2011. The long- delayed lawsuit over the Google Book project took a significant step toward court action and potentially farther away from a settlement with the filing of a motion for Class Certification by The Authors Guild and several individual authors. With the filing, the authors are asking the court to move the case forward as a class action lawsuit, with the guild and authors representing a class of thousands or more individual authors. This could increase the possibility of significant damages against Google if they are found to have infringed on the authors’ copyrights. Google is expected to oppose the motion to certify the class and is also expected to ask the court to dismiss the case outright. http://bit.ly/smQJ4t (Source: News from STM)

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24 states back FDA on tobacco warning label lawsuit

Health News: CBSNews.com — Mon, 26 Dec 2011 14:45:13 +0100

Tobacco companies had sued FDA saying forced labels violated free speech (Source: Health News: CBSNews.com)

Tough choice looms on 9-11 health lawsuits

CTV Health — Mon, 26 Dec 2011 13:17:00 +0100

More than 1,600 people who filed lawsuits claiming that their health was ruined by dust and smoke from the collapsed World Trade Center must decide by Jan. 2 whether to keep fighting in court, or drop the litigation and apply for benefits from a government compensation fund. (Source: CTV Health)

Human Rights Groups File Lawsuit Against DOJ on Detention of Asylum Seekers

PHR Press Releases — Thu, 22 Dec 2011 06:00:00 +0100

Physicians for Human Rights (PHR) and eight partner organizations filed a lawsuit today against the US Department of Justice (DOJ) challenging its failure to issue regulations that would give immigration judges the authority to order the release of asylum seekers who are being held in immigration detention facilities. (Source: PHR Press Releases)

Align Technology Files Patent Infringement Lawsuits Against Ortho Caps and Rasteder KFO Spezial-Labor

Medical News (via PRIMEZONE) — Wed, 21 Dec 2011 13:30:00 +0100

SAN JOSE, Calif. and DUSSELDORF, Germany, Dec. 21, 2011 (GLOBE NEWSWIRE) -- Align Technology, Inc. (Nasdaq:ALGN) today filed a patent infringement lawsuit in the District Court of Dusseldorf in the Federal Republic of Germany against Hamm-based Ortho Caps GmbH and its managing directors Dr. Wajeeh Khan and Ms. Jocelyne Khan asserting Ortho Caps infringes Align patents by making, offering to sell, and selling its clear aligner therapy systems. (Source: Medical News (via PRIMEZONE))

Lawsuit over Inflated Drug Prices Ends, AG Coakley Recovers $47 Million for Medicaid Program

Drugs.com - Pharma News — Wed, 21 Dec 2011 12:47:57 +0100

From Targeted News Service (December 20, 2011) BOSTON, Dec. 20 -- The Massachusetts Attorney General issued the following news release: A lawsuit against thirteen drug manufacturers over inflated prices has ended with more than $47 million... (Source: Drugs.com - Pharma News)

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Class Action Filed in Google Book Case

News from STM — Tue, 20 Dec 2011 15:41:55 +0100

Inviting patients to read their doctors' notes: patients and doctors look ahead: patient and physician surveys.

Annals of Internal Medicine — Tue, 20 Dec 2011 05:00:00 +0100

Conclusion: Among PCPs, opinions about open visit notes varied widely in terms of predicting the effect on their practices and benefits for patients. In contrast, patients expressed considerable enthusiasm and few fears, anticipating both improved understanding and more involvement in care. Sharing visit notes has broad implications for quality of care, privacy, and shared accountability. Primary Funding Source: The Robert Wood Johnson Foundation's Pioneer Portfolio, Drane Family Fund, and Koplow Charitable Foundation. PMID: 22184688 [PubMed - in process] (Source: Annals of Internal Medicine)

Activists celebrate closing of polluting plant near L.A. school

Los Angeles Times - Science — Tue, 20 Dec 2011 05:00:00 +0100

Settlement of a civil lawsuit against Palace Plating ends an eight-year battle over the metal-finishing plant that residents say contaminated their South Los Angeles neighborhood.With nearly two dozen parents and others standing behind her, community activist Martha Sanchez announced Monday the end of an eight-year battle to close a metal finishing plant that residents say has contaminated their South Los Angeles neighborhood, making their children and teachers sick. (Source: Los Angeles Times - Science)

Mesothelioma Lawsuit Reveals Rare Case of Short Asbestos Exposure

Asbestos and Mesothelioma News — Mon, 19 Dec 2011 20:51:42 +0100

Roger Hammett was awarded $1.45 million in a mesothelioma lawsuit, after his cancer was caused by asbestos exposure after just 67 days of exposure. Most cases of mesothelioma involve years of occupational exposure, but Hammett developed cancer after less than two months of work. (Source: Asbestos and Mesothelioma News)

Plan B Denial Could Be Challenged by New York SuitPlan B Denial Could Be Challenged by New York Suit

Medscape Medical News Headlines — Mon, 19 Dec 2011 20:03:53 +0100

After a directive denying girls under 17 over-the-counter access to the morning-after pill, the best legal recourse for reproductive rights advocates may be a dormant six-year-old lawsuit in Brooklyn. Reuters Health Information (Source: Medscape Medical News Headlines)

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South Carolina Attorney Says Whistleblowers Can Prevent Dangerous...

PRWeb: Medical Pharmaceuticals — Mon, 19 Dec 2011 18:21:41 +0100

The use of prescription drugs beyond the scope for which they are approved is a nationwide problem that is receiving widespread attention through qui tam litigation, or whistleblower claims, says...(PRWeb December 16, 2011)Read the full story at http://www.prweb.com/releases/south-carolina-attorney/whistleblower-lawsuits/prweb9048941.htm (Source: PRWeb: Medical Pharmaceuticals)

Plan B denial could be challenged by New York suit

Reuters: Health — Mon, 19 Dec 2011 15:24:00 +0100

NEW YORK (Reuters) - As reproductive rights advocates regroup after a U.S. directive denying girls under 17 over-the-counter access to the morning-after pill, their best legal recourse may lie in a dormant 6-year-old lawsuit in federal court in Brooklyn, New York. (Source: Reuters: Health)

Changes in medical device information pose lawsuit risks for doctors

American Medical News — Mon, 19 Dec 2011 12:00:00 +0100

In the Courts - A column analyzing the impact of recent court decisions on physicians (Source: American Medical News)

Suit Against Thalidomide Maker Set for Australia

Drugs.com - Pharma News — Mon, 19 Dec 2011 11:45:20 +0100

From Associated Press (December 19, 2011) SYDNEY -- Members of an Australian class action lawsuit who blame a German pharmaceutical company's anti-morning sickness drug, Thalidomide, for causing birth defects have won the right to have their case... (Source: Drugs.com - Pharma News)

Plan B denial could be challenged by New York suit

Modern Medicine — Sat, 17 Dec 2011 05:00:00 +0100

NEW YORK (Reuters) - As reproductive rights advocates regroup after a U.S. directive denying girls under 17 over-the-counter access to the morning-after pill, their best legal recourse may lie in a dormant six-year-old lawsuit in federal court in Brooklyn, New York. (Source: Modern Medicine)

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Professional liability insurance in Obstetrics and Gynecology: estimate of the level of knowledge about malpractice insurance policies and definition of an informative tool for the management of the professional activity

BMC Research Notes — Sat, 17 Dec 2011 05:00:00 +0100

Conclusion: Italy must introduce a compulsory insurance system which could absorb, through a mechanism of "distribution of risk", the malpractice litigation and its costs. This will provide compensation in accidental cases where it wouldn't be possible to demonstrate carelessness, imprudence and/or lack of skill. (Source: BMC Research Notes)

Wichita hospice providers take issue with Bloomberg report alleging system abuse

bizjournals.com Health Care:Biotechnology headlines — Fri, 16 Dec 2011 21:34:51 +0100

The nation’s hospice care industry has come under fire after Bloomberg published a story that includes multiple allegations that providers fraudulently referred patients for end-of-life care and accepted bonuses for increasing census numbers. The Dec. 6 report cites 1,000 pages of court documents and interviews with more than 45 current and former hospice employees, patients and their families. Bloomberg’s report takes aim specifically at Wichita-based Hospice Care of Kansas. HCK is facing one of seven pending or settled lawsuits nationwide against hospice providers alleging improper admission practices, according to the report... (Source: bizjournals.com Health Care:Biotechnology headlines)

Medical Malpractice in Endourology: Analysis of Closed Cases From the State of New York

The Journal of Urology — Fri, 16 Dec 2011 05:00:00 +0100

Conclusions: Urologists are not immune to the current medical malpractice crisis. Endourology and urological oncology generate the greatest number of lawsuits against urologists. Most malpractice claims involving endourological procedures result from urolithiasis and alleged technical errors. Therefore, careful attention to surgical technique is essential during stone procedures to reduce the risk of malpractice litigation. (Source: The Journal of Urology)

Precautionary Measures Need To Be Enforced In Order To Protect All Athletes From Sudden Death Related To Overexertion And Exhaustion

Health News from Medical News Today — Thu, 15 Dec 2011 08:00:00 +0100

In response to a lawsuit after a college football player died from complications due to sickle cell trait (SCT) during a workout, the NCAA implemented mandatory SCT screening of all Division I student-athletes. A new study evaluated the impact of that policy and found that testing alone will help identify more than 2,000 athletes with SCT, but warns that screening alone will not prevent death. "Although the policy is well-intentioned, screening is just the first step," says Beth A. Tarini, M.D., M.S... (Source: Health News from Medical News Today)

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U.S. Supreme Court petitioned to review AMP, et al. lawsuit on gene patents

EurekAlert! - Social and Behavioral Science — Thu, 15 Dec 2011 05:00:00 +0100

(Association for Molecular Pathology) The American Civil Liberties Union and the Public Patent Foundation have petitioned the US Supreme Court to hear Association for Molecular Pathology v. US Patent and Trademark Office, a case that challenges the validity of patents on two human genes associated with hereditary breast and ovarian cancer. (Source: EurekAlert! - Social and Behavioral Science)

Malpractice claims following screening mammography in the Netherlands

International Journal of Cancer — Thu, 15 Dec 2011 05:00:00 +0100

AbstractAlthough malpractice lawsuits are frequently related to a delayed breast cancer diagnosis in symptomatic patients, information on claims at European screening mammography programmes is lacking. We determined the type and frequency of malpractice claims at a Dutch breast cancer screening region.We included all 85,274 women (351,009 screens) who underwent biennial screening mammography at a southern breast screening region in the Netherlands between 1997‐2009. Two screening radiologists reviewed the screening mammograms of all screen detected cancers and interval cancers and determined whether the cancer had been missed at the previous screen or at the latest screen, respectively. We analysed all correspondence between the screening organization, clinicians and screened women, and ...

When the Doctor Faces a Lawsuit

RWJF News Digest - Quality/Equality — Thu, 15 Dec 2011 05:00:00 +0100

Within months of completing my training, I received the call that every doctor dreads. (Source: RWJF News Digest - Quality/Equality)

Rhys Morgan: 'They are trying to silence me'

Guardian Unlimited Science — Wed, 14 Dec 2011 20:30:00 +0100

A 17-year-old schoolboy from Cardiff is proving an unlikely but effective opponent of powerful organisations pushing miracle cures for serious diseasesLike many teenage boys, Rhys Morgan loves video games, rock music and hanging around with his friends. He works hard at school and tries to do his bit helping out at home. But what makes this 17-year-old a little different is that he also finds time to join battle with powerful, wealthy organisations that promote miracle alternative cures for serious diseases.Morgan's burgeoning campaign, run from the front room of his family's house in a cul-de-sac in Cardiff, is gaining him friends and enemies. He is winning plaudits from within the sceptical community and from some journalists impressed at his gumption, but is berated ...

Ohio man settles for $275,000 from VA surgery error

Reuters: Health — Wed, 14 Dec 2011 19:31:05 +0100

CLEVELAND (Reuters) - The federal government has agreed to pay an Ohio U.S. Army veteran $275,000 to settle his lawsuit after surgeons left two towels in his body following a kidney surgery at a Veterans Affairs hospital. (Source: Reuters: Health)

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Ironwood hit with $500M lawsuit

bizjournals.com Health Care:Biotechnology headlines — Wed, 14 Dec 2011 10:29:47 +0100

Ironwood Pharmaceuticals Inc., a Cambridge biotech company focused on irritable-bowel syndrome, has been hit with a $500 million lawsuit filed by New York-based Synergy Pharmaceuticals Inc., Mass High Tech reports. Synergy's suit claims that after the company was granted a European patent, Ironwood and its chief scientific officer, Mark Currie, presented data and arguments to the European and U.S. patent offices that were false, contradictory, inaccurate and misleading, Mass High tech reports. (Source: bizjournals.com Health Care:Biotechnology headlines)

Synergy Pharmaceuticals, Inc. Files Suit Against Ironwood Pharmaceuticals, Inc. and its Chief Scientific Officer and Senior VP of R&D, Dr. Mark G. Currie

Drugs.com - Pharma News — Tue, 13 Dec 2011 13:21:28 +0100

NEW YORK, Dec. 13, 2011 /PRNewswire/ -- Synergy Pharmaceuticals, Inc. (Nasdaq:SGYPD, SGYPU), a developer of new drugs to treat gastrointestinal (GI) disorders and diseases, announced today that it has filed a lawsuit in New York State Supreme... (Source: Drugs.com - Pharma News)

NCAA mandatory sickle cell screening program not enough to save athletes' lives, study finds

ScienceDaily Headlines — Tue, 13 Dec 2011 03:10:10 +0100

American Companies Warned about Buying Improperly Labeled Asbestos Products

Asbestos and Mesothelioma News — Mon, 12 Dec 2011 18:14:23 +0100

American companies purchased products that contained asbestos but were labeled as "non-asbestos containing." The names of the companies were not released, but handlers or end-users may be at risk of asbestos exposure if the products are disturbed or damaged. Lawsuits are expected to follow. (Source: Asbestos and Mesothelioma News)

Chiropractors' Lawsuit Details Runners' Tactics

Arkansas Business - Health Care — Mon, 12 Dec 2011 06:00:00 +0100

Two chiropractors who are suing the former clinic where they worked have shed some more light on ?runners,? those people who pressure potential chiropractic patients to seek treatment. (Source: Arkansas Business - Health Care)

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NCAA mandatory sickle cell screening program not enough to save athletes' lives

EurekAlert! - Medicine and Health — Mon, 12 Dec 2011 05:00:00 +0100

(University of Michigan Health System) In response to a lawsuit after a college football player died from complications due to sickle cell trait (SCT) during a workout, the NCAA implemented mandatory SCT screening of all Division I student-athletes.A new study evaluated the impact of that policy and found that testing alone will help identify more than 2,000 athletes with SCT, but warns that screening alone will not prevent death. (Source: EurekAlert! - Medicine and Health)

Hospitals pay $375,000 for dumping waste

Health News - UPI.com — Sat, 10 Dec 2011 01:02:17 +0100

SAN DIEGO, Dec. 9 (UPI) -- The San Diego district attorney said she settled two civil lawsuits against Scripps Health and Sharp Memorial hospitals for improper medical waste disposal. (Source: Health News - UPI.com)

NEJM: Healthcare reform--a lawsuit dissected

Cardiovascular Business News — Fri, 09 Dec 2011 14:48:19 +0100

The Supreme Court has promised to review not only the issue of the constitutionality of the Patient Protection and Affordable Care Act (PPACA) on the individual mandate, but also of whether the PPACA’s Medicaid expansion violates the U.S. Constitution, wrote I. Glenn Cohen, JD, and James F. Blumstein, LLB, in a Dec. 7 perspective in the New England Journal of Medicine. (Source: Cardiovascular Business News)

New York Program Aims to Speed Up Malpractice Resolutions

Physicians Practice — Fri, 09 Dec 2011 05:00:01 +0100

A New York-based program could help minimize the expense and stress malpractice lawsuits have on physicians and their insurers. But how feasible is it? (Source: Physicians Practice)

Shield Healthcare pays $5 million in Medi-Cal settlement

bizjournals.com Health Care:Hospitals headlines — Thu, 08 Dec 2011 20:36:57 +0100

Shield Healthcare has paid $5 million to the U.S. Department of Justice to settle a lawsuit alleging the company had overbilled Medi-Cal. The lawsuit alleged Shield, which is the state’s major supplier of incontinence supplies, such as diapers and waterproof sheeting, didn’t comply with California's Upper Billing Limit regulation, which requires that providers bill Medi-Cal no more than double net purchase price. Santa Clarita-based Shield, which is owned by Dharma Ventures Group, paid the settlement on Nov... (Source: bizjournals.com Health Care:Hospitals headlines)

Medical marijuana battle hits Arizona courts

bizjournals.com Health Care:Pharmaceuticals headlines — Wed, 07 Dec 2011 17:30:36 +0100

A hearing is scheduled today in Maricopa County Superior Court in downtown Phoenix on a lawsuit filed by a medical marijuana advocacy group against the state of Arizona and several officials. In August, Phoenix-based medical marijuana patient advocacy group Compassion First AZ filed suit against the state of Arizona, Governor Jan Brewer, the Arizona Department of Health Services, and Will Humble, director of ADHS. ADHS officials declined comment of the lawsuit. The advocacy group filed the lawsuit because the state has not implemented the medical marijuana dispensary component of Proposition 203, a statewide initiative that legalized medical marijuana... (Source: bizjournals.com Health Care:Pharmaceuticals headlines)

California Medicaid cuts lawsuit: Clarifying access for the poor

Modern Medicine — Wed, 07 Dec 2011 05:00:00 +0100

Do drastic cuts in Medicaid reimbursement adversely affect providers while also reducing access to medical care for the poor? Physicians in California think so and are joining with other healthcare providers in a lawsuit to try to block a 10% reimbursement rate cut by the state’s Medicaid program, Medi-Cal. See how both doctors and patients are being enlisted in the cause. (Source: Modern Medicine)