MedWorm: Medical Law

Advocacy: House Repeals SGR, Bill Moves to Senate

American Academy of Neurology — Sat, 21 Nov 2009 14:30:24 +0100

The US House has agreed to repeal the Medicare sustainable growth rate (SGR) formula by passing HR. 3961, also known as the "Medicare Physician Payment Reform Act of 2009." This bill now moves to the US Senate, which failed to pass a similar bill two weeks ago (Source: American Academy of Neurology)

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Science: Michael Aminoff Discusses Gene Therapy for Parkinson's Disease

American Academy of Neurology — Fri, 20 Nov 2009 14:31:47 +0100

Michael J. Aminoff, MD, DSc, FRCP, FAAN, talks about his recently published paper on safety and tolerability of putaminal AADC gene therapy for Parkinson's disease (Source: American Academy of Neurology)

Medicare & Regulatory Issues: CMS to Eliminate Outpatient Mental Health Treatment Limitation

American Academy of Neurology — Thu, 19 Nov 2009 16:29:00 +0100

As part of its final 2010 ruling on the physician fee schedule, the Centers for Medicare and Medicaid Services has initiated a plan to phase out the current limitation on payment for outpatient mental health treatment. (Source: American Academy of Neurology)

Annual Meeting: Submit Your Late-Breaking Science Abstract for 2010 Today

American Academy of Neurology — Thu, 19 Nov 2009 14:37:02 +0100

Online submission forms for the Late-Breaking Science Program at the 2010 Annual Meeting are now available. (Source: American Academy of Neurology)

Spent Nuclear Fuel Disposal - The Costs Associated With Government Intervention

LexisNexis® Mealey's™ Emerging Toxic Torts Legal News — Thu, 19 Nov 2009 14:36:53 +0100

By Tim Parr The 1979 meltdown at Three Mile Island effectively halted the progress of nuclear energy in the United States. The event sparked wide-spread fear not only of the industry's planned expansion, but also of the spent nuclear fuel (SNF) that would be stored. Today, that debate lives on in the controversy surrounding the national repository of SNF at Yucca Mountain, Nev. While some experts believe the rocky barrier at Yucca Mountain is a suitable storage option, others argue the storage containers will begin to fail thousands of years from now, allowing the radioactive waste to seep into the nearby water supply. Full story on lexis.com (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)

C8 Science Panel Analysis Finds Blood Serum Lipid Link

LexisNexis® Mealey's™ Emerging Toxic Torts Legal News — Thu, 19 Nov 2009 14:36:53 +0100

MORGANTOWN, W.Va. - An Oct. 28 report by the C8 Science Panel studying the effects of exposure to perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS) in the Ohio River Valley near the Parkersburg, W.Va., DuPont-owned Washington Works refinery found elevated lipid levels in samples for residents under age 18. Full story on lexis.com (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)

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Stay Lifted; 9 Class Actions Transferred To Consolidated KBR Burn Pit Litigation

LexisNexis® Mealey's™ Emerging Toxic Torts Legal News — Thu, 19 Nov 2009 14:36:53 +0100

GREENBELT, Md. - Hearing no objection to transferring nine tag-along cases into the national consolidated burn pit personal injury litigation pending in the U.S. District Court for the District of Maryland, the Judicial Panel on Multidistrict Litigation lifted a stay on Nov. 5 on the transfer of nine class actions (In re: KBR Inc. Burn Pit Litigation, No. 09-2083, MDL 2083, D. Md.; See 10/20/09, Page 6). Full story on lexis.com (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)

Plaintiff Expert Appeals Sanctions Show-Cause Order Filed By FEMA Trailer Judge

LexisNexis® Mealey's™ Emerging Toxic Torts Legal News — Thu, 19 Nov 2009 14:36:53 +0100

NEW ORLEANS - An appeal docketed Oct. 29 in the Fifth Circuit U.S. Court of Appeals by one of the experts retained by the plaintiffs in the Federal Emergency Management Agency trailer formaldehyde litigation pending in the U.S. District Court for the Eastern District of Louisiana will challenge a Sept. 24 show-cause order and threat of sanctions (In Re: FEMA Trailer Formaldehyde Products Liability Litigation, No. 09-31038, 5th Cir.; See related stories in this issue). Full story on lexis.com (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)

United States Opposes Motion To Apply Discovery Rule To FTCA In FEMA Trailer Case

LexisNexis® Mealey's™ Emerging Toxic Torts Legal News — Thu, 19 Nov 2009 14:36:53 +0100

NEW ORLEANS - The United States opposes reconsideration of a July order in the Federal Emergency Management Agency trailer formaldehyde litigation consolidated in the U.S. District Court for the Eastern District of Louisiana that dismissed a Federal Tort Claims Act claim brought by a plaintiff in the first bellwether trial; the plaintiffs have made no new legal arguments in the motion to reconsider, the United States said Nov. 3 (In Re: FEMA Trailer Formaldehyde Products Liability Litigation, No. 07-1873, MDL 1873, E.D. La.; Charlie Age, et al. v. Gulf Stream Coach, Inc., et al., No. 09-2892, E.D. La.; See 10/6/09, Page 12; See related stories in this issue). Full story on lexis.com (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)

Challenges To Experts Filed In Anticipation Of Trial In FEMA Trailer Litigation

LexisNexis® Mealey's™ Emerging Toxic Torts Legal News — Thu, 19 Nov 2009 14:36:53 +0100

NEW ORLEANS - In anticipation of the Dec. 7 trial in the consolidated Federal Emergency Management Agency trailer formaldehyde products liability litigation pending in the U.S. District Court for the Eastern District of Louisiana, the parties filed motions Nov. 9 to limit or exclude expert witnesses (In re: FEMA Trailer Formaldehyde Products Liability Litigation [Dubuclet, No. 07-9228], No. 07-1873, MDL 1873, E.D. La.; See related story this issue). Full story on lexis.com (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)

Bellwether Trial Defendants Challenge Evidence, Seek Judgment Against Plaintiffs

LexisNexis® Mealey's™ Emerging Toxic Torts Legal News — Thu, 19 Nov 2009 14:36:53 +0100

NEW ORLEANS - In anticipation of the Dec. 7 trial in the consolidated Federal Emergency Management Agency trailer formaldehyde products liability litigation pending in the U.S. District Court for the Easter District of Louisiana, the defendants filed motions on Nov. 9 challenging the causation evidence from the plaintiff and seeking summary judgment (In re: FEMA Trailer Formaldehyde Products Liability Litigation [Dubuclet, No. 07-9228], No. 07-1873, MDL 1873, E.D. La.; See related story this issue). Full story on lexis.com (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)

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Plaintiffs Offer Instructions For Texas Trial For Injuries Linked To Radar Units

LexisNexis® Mealey's™ Emerging Toxic Torts Legal News — Thu, 19 Nov 2009 14:36:53 +0100

EL PASO, Texas - Plaintiffs in the bellwether trial set to begin Nov. 30 in the U.S. District Court for the Western District of Texas on personal injury claims for ionizing radiation exposure of North Atlantic Treaty Organization and U.S. military personnel while operating radar transceivers filed proposed jury instructions on Nov. 10 (Kenneth Blum, et al. v. General Electric, No. 07-99 [consolidated] W.D. Texas; See 11/3/09, Page 17). Full story on lexis.com (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)

Plaintiffs To Appeal Order Excluding Expert Opinions In Pennsylvania Injury Action

LexisNexis® Mealey's™ Emerging Toxic Torts Legal News — Thu, 19 Nov 2009 14:36:53 +0100

SCRANTON, Pa. - A Pennsylvania couple who allege permanent cognitive injury from carbon monoxide poisoning while driving a rented moving truck from Florida to Pennsylvania in November 2004 filed a notice on Nov. 9 in the U.S. District Court for the Middle District of Pennsylvania of their intention to appeal a no-evidence summary judgment against them (Thomas Buzzerd, et al. v. Flagship Carwash of Port Lucie Inc., et al., No. 06-981, M.D. Pa.; 2009 U.S. Dist. LEXIS 100685). Full story on lexis.com (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)

New York Appeals Panel Affirms Property Owner, Contractor Summary Judgment Denial

LexisNexis® Mealey's™ Emerging Toxic Torts Legal News — Thu, 19 Nov 2009 14:36:53 +0100

BROOKLYN, NY - By unanimous per curiam decision on Oct. 27, the Second Department New York Supreme Court Appellate Division affirmed a trial court order denying summary judgment to a real estate owner and contractor in two related carbon monoxide wrongful death actions (Barbara Bridges, et al. v. Wyandanch Community Development Corp., et al., No. 08-7080 [consolidated], N.Y. Sup., App. Div., 2nd Dept.; 2009 N.Y. Slip Op. 7782; 2009 N.Y. App. Div. LEXIS 7678). Full story on lexis.com (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)

Appeals Panel Affirms Award To Plaintiffs For Exposure At Louisiana Chemical Plant

LexisNexis® Mealey's™ Emerging Toxic Torts Legal News — Thu, 19 Nov 2009 14:36:53 +0100

GRETNA, La. - A divided Fifth Circuit Louisiana Court of Appeal panel on Oct. 27 affirmed judgments for a dozen Taft, La., residents exposed to naphtha in the aftermath of tropical storm Frances in September 1998 (Donna Howard, et al. v. Union Carbide Corp., No. 08-750, La. App., 5th Cir.; 2009 La. App. LEXIS 1826). Full story on lexis.com (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)

Appellate Panel Revives District Of Columbia Lawsuits Alleging Cell Phone Injury

LexisNexis® Mealey's™ Emerging Toxic Torts Legal News — Thu, 19 Nov 2009 14:36:53 +0100

WASHINGTON, D.C. - A unanimous District of Columbia Court of Appeals panel ruled Oct. 29 that product liability claims against cell phone manufacturers and trade groups for devices not certified by the Federal Communications Commission to comply with radio frequency radiation emission standard are not preempted by federal regulations (Michael Patrick Murray, et al. v. Motorola Inc., et al., No. 07-1074 [consolidated], D.C. App.; 2009 D.C. App. LEXIS 547; See 9/16/08, Page 7). Full story on lexis.com (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)

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Development of SNP-based human identification system

International Journal of Legal Medicine — Wed, 18 Nov 2009 09:23:36 +0100

In this study, we demonstrated that SNP markers are very useful for sex determination and human identification, even in a very homogeneous population. Content Type Journal ArticleCategory Original ArticleDOI 10.1007/s00414-009-0389-9Authors Jae-Jung Kim, University of Ulsan College of Medicine Asan Institute for Life Sciences 388-1 Pungnap-2-Dong, Songpa-Gu Seoul 138-736 KoreaBok-Ghee Han, National Institute of Health Center for Genome Science Seoul KoreaHae-In Lee, University of Ulsan College of Medicine Asan Institute for Life Sciences 388-1 Pungnap-2-Dong, Songpa-Gu Seoul 138-736 KoreaHan-Wook Yoo, University of Ulsan College of Medicine Department of Pediatrics Seoul KoreaJong-Keuk Lee, University of Ulsan College of Medicine Asan Institute for Life Sciences 388-1 Pungnap-2-Dong,...

Forensic hair analysis to identify animal species on a case of pet animal abuse

International Journal of Legal Medicine — Wed, 18 Nov 2009 00:08:17 +0100

Abstract As part of an investigation of a case of pet animal abuse, we attempted to identify small mammalian species by morphological analysis and single-nucleotide polymorphism (SNP) typing of the cytochrome b gene using guard hairs as an analytical material. Guard hair samples from several species were measured for length, width, medulla formation, and cuticle scale pattern under a light microscope or scanning electron microscope. These samples were also analyzed for SNPs in the cytochrome b gene using a multiplex single-base primer extension reaction. Morphological analysis of cuticle scale pattern and medulla formation was able to discriminate ferret hairs from other hair samples that included rabbit, gerbil, degu, and Djungarian hamster. However, this also revealed a s...

Coding & Reimbursement: Medicare Eliminates Consults: What the Academy is Doing For You

American Academy of Neurology — Tue, 17 Nov 2009 19:56:00 +0100

When the Centers for Medicare & Medicaid Services (CMS) proposed eliminating consults in the summer of 2009, the Academy, along with other consultative specialties and the AMA, opposed the change. (Source: American Academy of Neurology)

Academy News: Academy is Official Supporter of Memory Screening Day

American Academy of Neurology — Tue, 17 Nov 2009 18:54:00 +0100

The Academy joins the Alzheimer's Foundation of America as an official supporter of its National Memory Screening Day on Tuesday, November 17, 2009. This annual initiative provides free confidential memory screenings (Source: American Academy of Neurology)

Public & Private Payer Relations: CMS Announces 2010 Annual Participation Enrollment Program Extension

American Academy of Neurology — Tue, 17 Nov 2009 17:50:00 +0100

Due to revisions in to the 2010 Medicare Physician Fee Schedule (MPFS), CMS has extended the 2010 Annual Participation Enrollment Program end date from December 31, 2009, to January 31, 2010. (Source: American Academy of Neurology)

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Public & Private Payer Relations: UHC to Implement Change to Radiology Notification Program in 2010

American Academy of Neurology — Tue, 17 Nov 2009 17:46:00 +0100

The AAN has learned that UnitedHealthcare (UHC) is implementing a change to the Radiology Notification Program, effective February 15, 2010, whereby Premium Quality and Cost Efficiency (Source: American Academy of Neurology)

Neurocognitive deficits and psychiatric disorders in a NSW prison population.

International Journal of Law and Psychiatry — Mon, 16 Nov 2009 00:00:00 +0100

The objective of this study was to investigate the utility of a computerized battery in the assessment of inmates within the criminal justice system. Thirty male inmates were assessed. Data were compared to matched controls. The custodial sample was characterized by an increase in the prevalence of previous trauma; high levels of depression, anxiety and stress and neurocognitive deficits, including sustained attention, impulsivity and executive dysfunction. PMID: 19922999 [PubMed - as supplied by publisher] (Source: International Journal of Law and Psychiatry)

Medicare & Regulatory Issues: What Should Neurologists Know About the 'Stark' Law?

American Academy of Neurology — Sat, 14 Nov 2009 14:33:20 +0100

The physician self-referral or "Stark" law, first enacted by Congress in 1989, and amended many times since, was intended to prevent overutilization that was perceived to stem from arrangements in which physicians benefited financially from their referrals (Source: American Academy of Neurology)

Education: Register by December 31 for 2010 RITE

American Academy of Neurology — Fri, 13 Nov 2009 20:22:00 +0100

The deadline to register for the AAN's 2010 Residency In-service Training Examination is December 31, 2009. The test will be given between (Source: American Academy of Neurology)

Public & Private Payer Relations: Take a Survey About Problems with Health Insurers

American Academy of Neurology — Fri, 13 Nov 2009 19:08:00 +0100

The AMA and AAN invite you to participate in a survey on claims denial management and health insurer business practices. This 10-minute survey is open to physicians and their practice staff and will help us determine how we can best equip your practice (Source: American Academy of Neurology)

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Science: Raymund A.C. Roos and N. Ahmad Aziz Discuss HTT

American Academy of Neurology — Fri, 13 Nov 2009 18:13:00 +0100

Raymund A.C. Roos, MD, PhD (Leiden), and N. Ahmad Aziz, MSc, medical student, discuss their research on the Huntington Disease Gene (HTT), which was recently published in Neurology (Source: American Academy of Neurology)

Academy News: Interventional Section is Now the Endovascular and Interventional Neurology Section

American Academy of Neurology — Fri, 13 Nov 2009 17:55:00 +0100

To reflect the changes in the field of endovascular and interventional medicine within neurology, the AAN's Interventional section has been renamed as the Endovascular and Interventional Neurology Section (Source: American Academy of Neurology)

Advocacy: House to Vote on SGR Repeal While Academy Waits on Senate

American Academy of Neurology — Fri, 13 Nov 2009 14:29:14 +0100

Following passage in the US House of its health care reform bill, the Academy will direct its efforts on the US Senate. Senator Amy Klobuchar (D-MN) has agreed to introduce an amendment to add neurology to the bill's primary care section (Source: American Academy of Neurology)

Chronological age estimation of third molar mineralization of Han in southern China

International Journal of Legal Medicine — Wed, 11 Nov 2009 19:21:00 +0100

Abstract In order to study the chronology of age of third molar mineralization of Han in southern China, Demirjian staging method was used to determine the stage of four third molars (18, 28, 38, 48) mineralization in 3,100 Han in southern China aged 4.1–26.9 years based on radiological evidence from digital orthopantomograms. The mean age of the 3,100 patients was 15.96 ± 4.73 years, including 1,200 male (mean age, 15.32 ± 4.62) and 1,900 female (mean age, 16.35 ± 4.76). Results show that there was no significant difference in mineralization between 18 and 28 and 38 and 48 of male or female. However, significant difference was observed between 28 and 38 of female at stage C; 28 was 0.25 years earlier than 38. In male, at stage G, 38 was 0.61...

Haplotype-assisted characterization of germline mutations at short tandem repeat loci

International Journal of Legal Medicine — Wed, 11 Nov 2009 07:05:39 +0100

In this study, 98 families with 101 mutations were analyzed in depth in which a mutation had been observed at one of the four loci D3S1358, FGA, ACTBP2, and VWA. To determine the origin (male/female) of the mutation, five to seven polymorphic flanking markers were selected for each locus concerned and used to construct family-specific haplotypes. Additionally, all alleles of the STR system concerned were sequenced. With this duplicate approach, it was possible to identify the mutated structure and/or mutation event in the vast majority of cases. The ratio of one-step to two-step mutations was 100:1. The ratio of paternal to maternal mutations was 76:8. The ratio of gains to losses was 47:50. Also, the mutation rates in two systems, ACTBP2 and VWA, were clearly higher than those given...

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Current legislation on admission of mentally ill patients in China.

International Journal of Law and Psychiatry — Wed, 11 Nov 2009 00:00:00 +0100

CONCLUSIONS: A more comprehensive and enforceable national mental health act is needed in order to ensure the rights of persons suffering mental illness in terms of admission and treatment procedures. In addition, more research is needed to understand how the current municipal regulations of mental health services in these cities are implemented in routine practice. PMID: 19913300 [PubMed - as supplied by publisher] (Source: International Journal of Law and Psychiatry)

Routine violence risk assessment in community forensic mental healthcare

Behavioral Sciences & the Law — Wed, 11 Nov 2009 00:00:00 +0100

We developed a method for periodic monitoring of violence risk, as part of routine community forensic mental healthcare. The feasibility of the method was tested, as well as its predictive validity for violent and risk enhancing behavior in the subsequent months. Participants were 83 clients who received forensic psychiatric home treatment, and six case managers. The method proved feasible and informative. Violent and risk enhancing behavior could be predicted to a reasonable extent (AUC = .77, 95% CI = .70-.85; respectively .76, .70-.82). Dynamic risk factors had an incremental predictive value over static factors in the prediction of violent behavior (OR = 4.30, 1.72-10.73). The professional judgment of the case managers added further predictive power (OR = 2.16, 1.40-3.33), corroboratin...

Risk communication in sexually violent predator hearings

Behavioral Sciences & the Law — Wed, 11 Nov 2009 00:00:00 +0100

Sexually violent predator (SVP) laws use the civil commitment process to confine mentally disordered and dangerous offenders who are at high risk to reoffend. Few studies have examined how jurors decide SVP cases. As a result, a pilot study and three experimental studies were conducted, in which victim type, risk communication, and juror education were manipulated to assess juror response. Results continually illustrated that victim type was the most salient manipulation across studies and that the manner of risk communication and juror education had little impact on jurors. Copyright © 2009 John Wiley & Sons, Ltd. (Source: Behavioral Sciences & the Law)

Science: Emad Farag Discusses Retinal Pigment Epithelial Cell Implantation for Parkinson's Disease

American Academy of Neurology — Tue, 10 Nov 2009 22:26:00 +0100

Emad S. Farag, MD, Assistant Professor of Neurology at UCLA, discusses his paper, "Pathologic findings in retinal pigment epithelial cell implantation for Parkinson disease" (Source: American Academy of Neurology)

Amniotic fluid aspiration in cases of SIDS

International Journal of Legal Medicine — Tue, 10 Nov 2009 18:45:12 +0100

This study shows that AFA is not a rare event. Even moderate to severe AFA does not necessary cause death. A correlation between AFA and SIDS could not be shown. Content Type Journal ArticleCategory Original ArticleDOI 10.1007/s00414-009-0384-1Authors Tony Fracasso, Universitätsklinikum Münster Institut für Rechtsmedizin Roentgenstr. 23 48149 Muenster GermanyBernd Karger, Universitätsklinikum Münster Institut für Rechtsmedizin Roentgenstr. 23 48149 Muenster GermanyMechtild Vennemann, Universitätsklinikum Münster Institut für Rechtsmedizin Roentgenstr. 23 48149 Muenster GermanyThomas Bajanowski, Universitätsklinikum Essen Institut für Rechtsmedizin Muenster GermanyUte Maria Golla-Schindler, Westfälische Wilhelms-Universität Münster Institut für Mineralogie Muenster Ger...

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Academy News: New Neurohospitalist and Sports Sections Established

American Academy of Neurology — Tue, 10 Nov 2009 15:07:00 +0100

The Academy has established two new sections, focusing on Sports Neurology and Neurohospitalists. Each will provide a forum for members involved with or interested in learning more about special topics within neurology. (Source: American Academy of Neurology)

Science: AAN.com Talks with Caterina Mainero About Cortical Pathology in Multiple Sclerosis

American Academy of Neurology — Tue, 10 Nov 2009 14:45:56 +0100

Caterina Mainero, MD, PhD, discusses her paper, "In vivo imaging of cortical pathology in multiple sclerosis using ultra-high field MRI" (Source: American Academy of Neurology)

New legislation for offenders with mental disorders in Japan.

International Journal of Law and Psychiatry — Tue, 10 Nov 2009 00:00:00 +0100

This article describes the recent law reform on forensic mental health and its background in Japan, focusing on the enactment of the Medical Treatment and Supervision Act in 2005. The new system-under which a person who commits a serious criminal offence in a state of insanity or diminished responsibility shall be referred by the public prosecutor to the District Court-aims to provide intensive psychiatric treatment to offenders with mental disorders, attaching great importance to their reintegration into society. The court panel, which consists of a judge and a specially qualified psychiatrist, plays a key role in the treatment procedure. Upon the agreement of the two panel members, the panel delivers a verdict that takes into account the outcome of psychiatric evaluation; possible verdic...

Science: Caterina Mainero Talks About Cortical Pathology in Multiple Sclerosis

American Academy of Neurology — Mon, 09 Nov 2009 23:04:00 +0100

Caterina Mainero, MD, PhD, discusses her paper, "In vivo imaging of cortical pathology in multiple sclerosis using ultra-high field MRI" (Source: American Academy of Neurology)

Capitol Hill Report: Capitol Hill Report: House Bill Moves Forward, Academy Focuses on Senate

American Academy of Neurology — Mon, 09 Nov 2009 22:24:00 +0100

Over the weekend, the US House passed a comprehensive health care reform bill. Of particular interest to the Academy was the elimination of the SGR formula calling for annual physician cuts in Medicare. Unfortunately, the SGR fix was taken out of the bill due to its $210 billion price tag. (Source: American Academy of Neurology)

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Practice: Questions About H1N1 Vaccination and GBS? Webinar Now Offers Vital Information

American Academy of Neurology — Mon, 09 Nov 2009 21:39:00 +0100

In addition to a recorded webinar, AAN.com offers a wide range of online tools as part of a nationwide effort to encourage neurologists and health care professionals (Source: American Academy of Neurology)

Education: Deadline for A.B. Baker Teacher Recognition Award Nominations is January 31

American Academy of Neurology — Mon, 09 Nov 2009 21:28:00 +0100

Outstanding teachers deserve recognition for their contributions to improving neurology now and in the future. Nominations for the 2011 A. B. Baker Award for Lifetime Achievement in Neurologic Education will be received until January 31, 2010. (Source: American Academy of Neurology)

Coding & Reimbursement: New 2010 CPT Code: Report Nerve Conduction with Electrode Arrays

American Academy of Neurology — Mon, 09 Nov 2009 17:28:00 +0100

The 2010 Current Procedural Terminology book includes a new code to report nerve conduction tests performed using preconfigured electrode arrays. The creation of this new code allows those performing studies that differ from traditional nerve conduction tests (Source: American Academy of Neurology)

Payment Policy & Decision Making: 2010 Medicare Fee Schedule Changes Include Elimination of Payment for Consultation Codes

American Academy of Neurology — Mon, 09 Nov 2009 15:39:00 +0100

On November 1, the CMS released its final ruling regarding the 2010 Physician Fee Schedule. One of the major announcements in the Final Rule is the elimination of payment for consultation codes as of January 1, 2010. (Source: American Academy of Neurology)

Psychiatrists' views of compulsory psychiatric care of minors.

International Journal of Law and Psychiatry — Mon, 09 Nov 2009 00:00:00 +0100

This study was set up to find out whether the Finnish child and adolescent psychiatrists agree with the need for defining broader commitment criteria for minors, and why. Semi-structured, reflexive dyadic interviews were carried out with 44 psychiatrists working with children and adolescents. The data was analysed using qualitative and quantitative content analysis. The analysis showed that broader commitment criteria for minors were favoured referring to developmental needs related to childhood and adolescence, prevention of mental illnesses and inadequacy of descriptive diagnosis in childhood and adolescence. The commitment criteria were rather seen as too narrow for adults than as too broad for minors, and the medical rights of minors were preferred over self-determination. PMID: 19...

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ICD-9, CPT & E/M Coding : Read the Latest on CMS Elimination of Consultation Codes

American Academy of Neurology — Sat, 07 Nov 2009 14:28:30 +0100

The recent announcement by CMS that it will stop paying for consultation services has raised a lot of concern and questions from specialists. The AAN answers your questions in an effort to help neurology offices sort through the confusion. (Source: American Academy of Neurology)

Staff and prisoner perceptions of physical and social environmental factors thought to be supportive of bullying: The role of bullying and fear of bullying.

International Journal of Law and Psychiatry — Sat, 07 Nov 2009 00:00:00 +0100

Authors: Allison MD, Ireland JL The current study explored the relationship between social and physical environmental factors supportive of bullying, levels of bullying and fear of bullying. Participants were 261 adult male prisoners. All completed the Direct and Indirect Prisoner Checklist-Scaled Version Revised (DIPC-SCALED-r ((c))Ireland, 2007), the Prison Environment Scale (PES ((c))Allison, 2007), and a Brief Measure of Fear of Bullying Scale (BMFBS). The PES was explored initially using 100 male prisoners randomly selected from the main sample and 100 prison officers. It was predicted that increased bullying would be associated with increased evidence of environmental factors supportive of bullying; that increased levels of fear of bullying would be associated with increased evid...

Advocacy: House to Consider SGR Repeal; Contact Your Representative Today

American Academy of Neurology — Fri, 06 Nov 2009 18:52:00 +0100

Elimination of the Medicare Sustainable Growth Rate (SGR) formula has been a top priority for the Academy for nearly a decade. The time to act is now. Join your colleagues by contacting your members of Congress to ask them to vote in favor of HR 3961. (Source: American Academy of Neurology)

Academy News: Wall Street Journal Includes AAN Supplement for Patients, Caregivers

American Academy of Neurology — Fri, 06 Nov 2009 16:22:00 +0100

The Wall Street Journal included an AAN supplement for patients and caregivers in its November 6, 2009, eastern edition. The newspaper reaches over 700,000 subscribers. The supplement, entitled "Brain Health," features a foreword from President Robert C. Griggs, (Source: American Academy of Neurology)

Foundation: Call for Entries: Submit a Video to 2010 Neuro Film Festival

American Academy of Neurology — Fri, 06 Nov 2009 14:32:22 +0100

Submit a short video to the 2010 Neuro Film Festival, an AAN Foundation event raising awareness about neurologic disorders and the need for research. Deadline to enter is February 16, 2010. (Source: American Academy of Neurology)

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The concept of free will and forensic psychiatry.

International Journal of Law and Psychiatry — Fri, 06 Nov 2009 00:00:00 +0100

Authors: Juth N, Lorentzon F This text examines how conceptions of free will impact on legal systems and forensic psychiatry: free will is generally regarded as a prerequisite for responsibility, criminal responsibility included, while forensic psychiatry to a large extent deals with the limits imposed on responsibility by mental disorder. First we discuss the question of whether there is and has been such an impact. The answer is yes: different conceptions of free will have inspired different systems of law and forensic psychiatry, as becomes clear when looking at the accountability doctrine as compared to the unique Swedish system rejecting this doctrine. However, there is no necessary connection between doctrines of responsibility and conceptions of free will, since the former prima...

Immunohistochemical identification of prevalent right ventricular ischemia causing right heart failure in cases of pulmonary fat embolism

International Journal of Legal Medicine — Thu, 05 Nov 2009 18:57:30 +0100

Abstract Pulmonary fat embolism is a life-threatening event that may result to potentially determining right ventricular failure. Even if the pathophysiology of this phenomenon has been widely investigated, no immunohistochemical demonstration of right ventricular failure following pulmonary fat embolism has been reported till now. We performed an immunohistochemical investigation with the markers fibronectin and C5b-9 in 21 cases of polytrauma with bone fractures (study group—nine females and 12 males; mean age 64.6 years) compared to a control group of 21 forensic cases with various causes of death (nine females and 12 males; mean age 68.6 years). In each case at least one tissue slide from both cardiac ventricles (free wall of the right ventricle, anterior a...

Academy News: New Editors-in-Chief Announced for AAN Publications

American Academy of Neurology — Thu, 05 Nov 2009 16:27:00 +0100

The AAN has appointed new editors-in-chief for its publications Neurology and Neurology Today. (Source: American Academy of Neurology)

Science: AAN.com Talks with Ergun Uc About Cognitive Impairment in Early Parkinson's Disease

American Academy of Neurology — Thu, 05 Nov 2009 14:36:24 +0100

Ergun Y. Uc, MD, is the first author of a publication from the Deprenyl and Tocopherol Antioxidative Therapy of Parkinsonism (DATATOP) cohort in the November 3, 2009, issue of Neurology (2009;73:1469-1477), entitled "Incidence of and risk factors for cognitive impairment in an early Parkinson disease clinical trial cohort." Uc is Associate Professor of Neurology at the Department of Neurology of the University of Iowa and at the Neurology Service of the VA Medical Center of Iowa City. (Source: American Academy of Neurology)

Science: Ergun Uc on Cognitive Impairment in Early Parkinson's Disease

American Academy of Neurology — Wed, 04 Nov 2009 22:46:00 +0100

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Annual Meeting: Call for Entries: Submit a Video to 2010 Neuro Film Festival

American Academy of Neurology — Wed, 04 Nov 2009 16:08:00 +0100

Science: AAN.com Talks with Joachim Gerber About Neurogenesis in Adults

American Academy of Neurology — Wed, 04 Nov 2009 14:47:15 +0100

Joachim Gerber, MD, discusses his team's use of immunohistochemical methods to study neurogenesis in brain sections of patients who underwent autopsy subsequent to bacterial meningitis, stroke, or brain trauma. (Source: American Academy of Neurology)

NIEHS Announces $30 Million For BPA Exposure Research

LexisNexis® Mealey's™ Emerging Toxic Torts Legal News — Wed, 04 Nov 2009 14:47:06 +0100

RESEARCH TRIANGLE PARK, N.C. - The National Institutes of Environmental Health Sciences (NIEHS) announced Oct. 28 it has awarded $30 million to study the health effects to exposure to bisphenol A (BPA), a synthetic estrogen used in the manufacture of polycarbonate plastic and epoxy resins. Full story on lexis.com (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)

Research Finds Blood Lipids Correlated With PFOA/PFOS

LexisNexis® Mealey's™ Emerging Toxic Torts Legal News — Wed, 04 Nov 2009 14:47:06 +0100

PARKERSBURG, W.Va. - Research published Oct. 21 in the American Journal of Epidemiology based on the analysis of blood samples from residents of the Parkersburg area who drink water from public utilities contaminated with perfluorooctanoic acid (PFOA) and perfluorooctanesulfonate (PFOS) reports a statistically significant correlation between levels of fluorocarbon and levels of cholesterol (DOI: 10.1093/aje/kwp279). Full story on lexis.com (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)

EPA Announces Availability Of Child Toxin Risk Handbook

LexisNexis® Mealey's™ Emerging Toxic Torts Legal News — Wed, 04 Nov 2009 14:47:06 +0100

WASHINGTON, D.C. - The U.S. Environmental Protection Agency announced Oct. 27 that a summary of the Child-Specific Exposure Factors Handbook compiled from data collected through July 2008 is available for assessing the environmental risks to children under age 21 of exposure to contaminants. Full story on lexis.com (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)

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EPA Issues Water Regulations For Aircraft E. coli Sanitation

LexisNexis® Mealey's™ Emerging Toxic Torts Legal News — Wed, 04 Nov 2009 14:47:06 +0100

WASHINGTON, D.C. - The U.S. Environmental Protection Agency announced Oct. 6 the final National Primary Drinking Water Regulations for aircraft public water systems for E. coli contamination. Full story on lexis.com (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)

U.K. Food Agency Reports PFOS At Safe Levels In Most Foods

LexisNexis® Mealey's™ Emerging Toxic Torts Legal News — Wed, 04 Nov 2009 14:47:06 +0100

YORK, U.K. - Based on research concluded in October 2008, the U.K. Food Standards Agency announced Oct. 15 that the current exposure to perfluorooctanesulphonate (PFOS) and related perfluorochemicals in foodstuffs available in the United Kingdom is below the intake levels established by the European Union. Full story on lexis.com (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)

C8 Health Project Analysis Finds Elevated Uric Acid

LexisNexis® Mealey's™ Emerging Toxic Torts Legal News — Wed, 04 Nov 2009 14:47:06 +0100

PARKERSBURG, W.Va. - Research published Oct. 22 by the National Institutes of Environmental Health Sciences found a statistically significant correlation between the levels of perfluorooctanoic acid (PFOA) and perfluorooctanesulfonate (PFOS) and elevated uric acid in residents of Ohio and West Virginia communities in the vicinity of the DuPont Washington Works refinery near Parkersburg who participated in the C8 Health Project. Full story on lexis.com (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)

Passengers Allege Exposure To Contaminated Aircraft Air, Sue For Personal Injuries

LexisNexis® Mealey's™ Emerging Toxic Torts Legal News — Wed, 04 Nov 2009 14:47:06 +0100

BIRMINGHAM, Ala. - Two passengers on a January 2009 Southwest Airlines flight from Los Angeles to Nashville, Tenn., sued the airline on Oct. 28 in the U.S. District Court for the Northern District of Alabama for personal injuries they allege were caused by the contaminated air in the cabin of the Boeing 737-3H4 jetliner on which they were flying (Valerie Vaughn, et al. v. Southwest Airlines Co., No. 09-2103, N.D. Ala.). Full story on lexis.com (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)

Aircraft Cabin Air Blamed By Former Flight Attendants For Nervous System Injuries

LexisNexis® Mealey's™ Emerging Toxic Torts Legal News — Wed, 04 Nov 2009 14:47:06 +0100

FORT LAUDERDALE, Fla. - The personal injury claims of two U.S. Airways flight attendants filed Oct. 6 in the U.S. District Court for the Southern District of Florida were scheduled by the court Oct. 7 for trial in September 2010 (Lucy Mayorga, et al. v. Airbus SAS, et al., No. 09-61596, S.D. Fla.). Full story on lexis.com (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)

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Plaintiffs Allege Injuries From Cement Kiln Dust In Massachusetts Lawsuits

LexisNexis® Mealey's™ Emerging Toxic Torts Legal News — Wed, 04 Nov 2009 14:47:06 +0100

BOSTON - Two dozen personal injury lawsuits were removed from the Suffolk County, Mass., Superior Court to the U.S. District Court for the District of Massachusetts between Oct. 19 and Oct. 26 by LaFarge North America Inc. on the grounds that the amount in controversy creates federal jurisdiction (Fanel Charles v. LaFarge North America Inc., No. 09-11732, D. Mass.). Full story on lexis.com (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)

Fungicide Manufacturer Files No-Evidence Judgment Motion In Personal Injury Action

LexisNexis® Mealey's™ Emerging Toxic Torts Legal News — Wed, 04 Nov 2009 14:47:06 +0100

TAMPA, Fla. - DuPont seeks a no-evidence summary judgment in a motion filed Oct. 19 in the U.S. District Court for the Middle District of Florida, where it is being sued by a farmer who accuses the company of exposing him to Atrazine contamination in the fungicide Benlate (Guillermo Ramirez v. E.I. du Pont de Nemours & Co., No. 09-321, M.D. Fla.; See 8/18/09, Page 21). Full story on lexis.com (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)

Expert Opinion Admitted In Pool Chemical Injury Trial To Start Nov. 3 In Tennessee

LexisNexis® Mealey's™ Emerging Toxic Torts Legal News — Wed, 04 Nov 2009 14:47:06 +0100

KNOXVILLE, Tenn. - The argument for excluding a defense causation rebuttal witness from a pool chemical exposure personal injury lawsuit in the U.S. District Court for the Eastern District of Tennessee goes to the weight of the evidence rather than the witnesses' qualification to testify, a magistrate judge said Oct. 21 in an order denying the motion to exclude (David L. Best v. Lowe's Home Centers Inc., et al., No. 04-294, E.D. Tenn.; See 9/15/09, Page 17). Full story on lexis.com (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)

Florida Plaintiffs Seek Medical Monitoring For Class Exposed To Solvent Plume

LexisNexis® Mealey's™ Emerging Toxic Torts Legal News — Wed, 04 Nov 2009 14:47:06 +0100

ST. PETERSBURG, Fla. - A putative class action filed Oct. 19 in the Pinellas County, Fla., Circuit Court alleges property damage and seeks medical monitoring for exposure to solvents and heavy metals in private wells (Elliot Lee Harris, et al. v. 4800 LLC, No. n/a, Fla. Cir. Pinellas Co.). Full story on lexis.com (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)

Defendant Opposes Motion To Certify Indiana Class Alleging Solvent Intrusion

LexisNexis® Mealey's™ Emerging Toxic Torts Legal News — Wed, 04 Nov 2009 14:47:06 +0100

INDIANAPOLIS - Kraft Foods Global Inc. opposes class treatment of property damage claims arising from alleged groundwater contamination and trichloroethene and tetrachloroethene vapor intrusions in a brief filed Sept. 30 in the U.S. District Court for the Southern District of Indiana (Susan Stoll, et al v. Kraft Foods Global Inc., No. 09-364, S.D. Ind.; See 8/18/09, Page 10). Full story on lexis.com (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)

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U.S. Challenges Jurisdiction Over FTCA Injury Claims Of Camp Lejeune Marine Wife

LexisNexis® Mealey's™ Emerging Toxic Torts Legal News — Wed, 04 Nov 2009 14:47:06 +0100

WILMINGTON, N.C. - The wife of a U.S. Marine who alleges exposure to chlorinated solvents while she lived at Camp Lejeune, N.C., has until Nov. 3 to respond to a Sept. 4 motion to dismiss her Federal Tort Claims Act (FTCA) lawsuit in the U.S. District Court for the Eastern District of North Carolina for lack of subject matter jurisdiction (Laura J. Jones v. United States, No. 09-106, E.D. N.C.; See 7/21/09, Page 16). Full story on lexis.com (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)

Herbicide Damages Action Parties File Discovery Plans For Next Phase Of Litigation

LexisNexis® Mealey's™ Emerging Toxic Torts Legal News — Wed, 04 Nov 2009 14:47:06 +0100

BOISE, Idaho - The United States, DuPont and farmers filed recommendations on Oct. 9 for the next phase of the herbicide drift litigation pending in the U.S. District Court for the District of Idaho; Chief Judge B. Lynn Winmill said Sept. 25 he wants to pursue discovery while an appeal of the Aug. 24 verdict for bellwether plaintiffs is resolved (Timm Adams, et al. v. United States, et al., No. 03-49; See 10/6/09, Page 17). Full story on lexis.com (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)

Nebraska Plaintiff Appeals No-Evidence Defense Judgment Of Failure-To-Warn Claim

LexisNexis® Mealey's™ Emerging Toxic Torts Legal News — Wed, 04 Nov 2009 14:47:06 +0100

ST. LOUIS - The survivors of a hazardous waste worker and his employer have until Nov. 9 to file merit briefs in the Eighth Circuit U.S. Court of Appeals in their appeal of an August no-evidence summary judgment for the defense in a hydrogen sulfide exposure lawsuit (Dave Barrett, et al. v. Rhodia Inc., No. 09-3115, 8th Cir.; See 8/18/09, Page 4). Full story on lexis.com (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)

Northern Indiana Judge Denies Motion To Remand Action Seeking Medical Monitoring

LexisNexis® Mealey's™ Emerging Toxic Torts Legal News — Wed, 04 Nov 2009 14:47:06 +0100

HAMMOND, Ind. - A putative class action removed to the U.S. District Court for the Northern District of Indiana under the Class Action Fairness Act of 2005 (CAFA) does not satisfy the home state or local controversy exceptions for federal jurisdiction, Judge Robert L. Miller Jr. said Oct. 14 in an order denying remand (Ron Kurth, et al v. ArcelorMittal USA Inc., et al., No. 09-108, N.D. Ind.; 2009 U.S. Dist. LEXIS 99126; See 6/2/09, Page 28). Full story on lexis.com (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)

Defendant Designates Experts To Offer Rebuttal Opinions In Radar Technician Trial

LexisNexis® Mealey's™ Emerging Toxic Torts Legal News — Wed, 04 Nov 2009 14:47:06 +0100

EL PASO, Texas - In anticipation of the Nov. 30 trial of personal injury claims alleged by former North Atlantic Treaty Organization and United States military personnel for exposure to ionizing radiation while operating radar transceivers, General Electric Co. designated rebuttal experts on Oct. 9 (Kenneth Blum, et al. v. General Electric, No. 07-99 [consolidated] W.D. Texas; See 10/6/09, Page 16). Full story on lexis.com (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)

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New York Judge Dismisses RCRA Contamination Claim; Road Ditch Not A Waterway

LexisNexis® Mealey's™ Emerging Toxic Torts Legal News — Wed, 04 Nov 2009 14:47:06 +0100

BUFFALO, NY - A federal judge in New York accepted the recommendations of a magistrate judge on Sept. 24, denying property owner plaintiffs summary judgment on their claim to recover fly ash remediation costs from a cement kiln operator and dismissing the Resource Recovery & Conservation Act claim as a matter of law (John Stepniak, et uxor v. United Materials, No. 03-569, W.D. N.Y.; See 8/4/09, Page 14). Full story on lexis.com (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)

California Plaintiffs Ordered To Amend Fraud Pleading To Satisfy Reliance Burden

LexisNexis® Mealey's™ Emerging Toxic Torts Legal News — Wed, 04 Nov 2009 14:47:06 +0100

FRESNO, Calif. - The California federal judge presiding over personal injury and property damages claims related to hexavalent chromium and heavy metal contamination from a Merced County industrial park said Oct. 16 that the plaintiffs must amend their fraud and conspiracy claims by naming the specific plaintiffs who received and relied upon misleading statements from the defendants (Raul Valencia Abarca, et al. v. Merck & Co., et al., No. 07-388, E.D. Calif.; See 6/2/09, Page 13). Full story on lexis.com (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)

Refinery Contamination Trial Canceled In Southern Ohio; Defendants Granted Judgment

LexisNexis® Mealey's™ Emerging Toxic Torts Legal News — Wed, 04 Nov 2009 14:47:06 +0100

CINCINNATI - The bellwether property damage trial scheduled to start Nov. 2 in the U.S. District Court for the Southern District of Ohio for test plaintiffs alleging groundwater contamination from a petroleum refinery was canceled Oct. 23 when defendants were granted summary judgment (Carolyn Baker, et al. v. Chevron USA Inc., et al., No. 05-227, S.D. Ohio; See 10/6/09, Page 23). Full story on lexis.com (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)

New York Appellate Panel Affirms Order Dismissing Untimely Filed Claims

LexisNexis® Mealey's™ Emerging Toxic Torts Legal News — Wed, 04 Nov 2009 14:47:06 +0100

BROOKLYN, NY - A unanimous New York Supreme Court Appellate Division panel affirmed Oct. 20 that a hairstylist alleging occupational exposure to chemicals filed her tort claims outside the statute of limitations and that the trial court did not err when it dismissed her claims against a manufacturer defendant (Maria Frumento v. On Rite Co. Inc., et al., No. 08-6345, N.Y. Sup., App. Div., 2nd Dept.; 2009 N.Y. App. Div. LEXIS 7493). Full story on lexis.com (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)

Texas Appeals Panel Finds Trial Court Committed Error Submitting Question To Jury

LexisNexis® Mealey's™ Emerging Toxic Torts Legal News — Wed, 04 Nov 2009 14:47:06 +0100

TEXARKANA, Texas - A unanimous Texas Sixth Appellate District Court panel overturned a judgment on Oct. 20 in a lawsuit sounding in contract law applied to a settlement between neighbors in a dispute over disposal of the waste of a million chickens on a Camp County, Texas, poultry farm (W.K. Hicks, et al. v. Pilgrim Poultry, et al., No. 06-08-00095, Texas App.; 2009 Tex. App. LEXIS 8095). Full story on lexis.com (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)

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Final Fairness Order Awards North Carolina Litigation Class Counsel $2.98 Million

LexisNexis® Mealey's™ Emerging Toxic Torts Legal News — Wed, 04 Nov 2009 14:47:06 +0100

RALIEGH, N.C. - The final order approving the settlement of class action claims arising from the October 2006 fire in Apex, N.C., at a hazardous waste disposal factory was entered Oct. 9 and awards class counsel $2.98 million in attorney fees and $322,241.50 in litigation costs (Suellen E. Beaulieu, et al. v. EQ Industrial Services Inc., et al., No. 06-400, E.D. N.C.; See 11/3/09, Page 22). Full story on lexis.com (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)

Jury Orders ExxonMobil To Pay New York City $105 Million For MTBE Contamination

LexisNexis® Mealey's™ Emerging Toxic Torts Legal News — Wed, 04 Nov 2009 14:47:06 +0100

NEW YORK - A jury in the methyl tertiary butyl ether multidistrict litigation court on Oct. 19 held ExxonMobil Corp. liable for contaminating the city of New York's drinking water with the gasoline additive and awarded the city $105 million in compensatory damages (In re: Methyl Tertiary Butyl Ether Products Liability Litigation, No. 00-1898, MDL 1358, City of New York v. ExxonMobil Corp., No. 04-3417, S.D. N.Y.; See 10/19/08, Page 12). Full story on lexis.com (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)

$97 Million Judgment To Nicaraguan Plaintiffs Denied By Florida Federal Judge

LexisNexis® Mealey's™ Emerging Toxic Torts Legal News — Wed, 04 Nov 2009 14:47:06 +0100

MIAMI - Dole Food Co. and The Dow Chemical Co. cannot be forced under the Florida Uniform Out-of-Country Foreign Money-Judgments Recognition Act to satisfy a $97 million judgment awarded to 150 Nicaraguan citizens who allege reproductive injuries from exposure to dibromochloropropane fungicide in Nicaraguan banana fields, U.S. Judge Paul C. Huck of the Southern District of Florida said Oct. 20, because the Nicaraguan trial court lacked jurisdiction over the claims and violated the due process rights of the defendants (Miguel Angel Sanchez Osorio, et al. v. Dole Food Co., et al.,. No. 07-22693, S.D. Fla.). Full story on lexis.com (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)

5th Circuit Panel Reverses Order Dismissing Tort Claims For Climate Change Damage

LexisNexis® Mealey's™ Emerging Toxic Torts Legal News — Wed, 04 Nov 2009 14:47:06 +0100

NEW ORLEANS - A unanimous Fifth Circuit U.S. Court of Appeals panel on Oct. 16 said residents of the Mississippi coast have standing to sue the coal, petroleum and chemical industries for property damage resulting from Hurricane Katrina because the companies' alleged contributions to climate change are compensable under theories of nuisance, negligence and trespass (Ned Comer, et al. v. Murphy Oil USA, et al., No. 07-60756, 5th Cir.). Full story on lexis.com (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)

Advocacy: Academy Endorses Report from the Mayday Fund

American Academy of Neurology — Wed, 04 Nov 2009 14:00:00 +0100

The American Academy of Neurology Professional Association has endorsed a newly released report from the Mayday Fund entitled "A Call to Revolutionize Chronic Pain Care in America: An Opportunity in Health Care Reform." (Source: American Academy of Neurology)

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Academy News: Position Open for AAN.com Associate Editor for Education

American Academy of Neurology — Wed, 04 Nov 2009 00:03:00 +0100

The Academy's website, AAN.com, is seeking candidates for Associate Editor for Education, a position that will be open as of January 1, 2010. As a leader in developing content for AAN.com, the Associate Editor for Education provides guidance, expertise, and vision for the Education section on the website. Among other duties, the Associate Editor is responsible for actively recruiting (Source: American Academy of Neurology)

Healthcare Reform: Drug Topics readers speak out

Drug Topics - Legal News — Wed, 04 Nov 2009 00:00:00 +0100

With the subject of healthcare reform on the front burner in Washington and across the country, Drug Topics invited members of its Frontline editorial advisory board to share their thoughts. A selection of their responses is presented here. (Source: Drug Topics - Legal News)

Science: Joachim Gerber Discusses Neurogenesis in Adults

American Academy of Neurology — Tue, 03 Nov 2009 19:08:00 +0100

Drug prices can't depend on who's buying

Drug Topics - Legal News — Tue, 03 Nov 2009 00:00:00 +0100

In the prescription drug market, discriminatory pricing is common for independent community pharmacies and their patients. This fall, a Federal District Court in New York will consider a critical case: Drug Mart Pharmacy Corp. et a. v. American Home Products Corp. et al. The outcome of the case may determine whether discriminatory pricing techniques are illegal. (Source: Drug Topics - Legal News)

Payment Policy & Decision Making: FTC Red Flags Rule Delayed Until June 1

American Academy of Neurology — Mon, 02 Nov 2009 21:12:00 +0100

In a last-minute decision, the Federal Trade Commission (FTC) announced that the Red Flags rule will be delayed until June 1, 2010. The AMA has been urging the FTC and Congress that physicians are not "creditors" and should not be subject to the rule (Source: American Academy of Neurology)

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Medicare & Regulatory Issues: CMS to Redistribute Payment for Evaluation and Management Services Starting January 1

American Academy of Neurology — Mon, 02 Nov 2009 20:51:00 +0100

The CMS has announced plans to stop paying for consultation codes and to redistribute those dollars to other E/M services as part of its 2010 Final Medicare Physician Fee Schedule. (Source: American Academy of Neurology)

Pay-for-Performance: CMS Offers Alternative Process for Accessing PQRI Reports

American Academy of Neurology — Mon, 02 Nov 2009 16:02:00 +0100

Beginning on October 19, 2009, individual eligible providers may now call their respective carrier or A/B MAC Provider Contact Center to request 2007 Re-Run and 2008 PQRI feedback reports (Source: American Academy of Neurology)

Japanese Biotech Patenting Strategies in the Era of Follow-On Biologics

Biotechnology Law Report — Fri, 30 Oct 2009 17:07:55 +0100

Biotechnology Law Report Aug 2009, Vol. 28, No. 4: 483-496. (Source: Biotechnology Law Report)

Bibliography

Biotechnology Law Report — Fri, 30 Oct 2009 16:56:18 +0100

Biotechnology Law Report Aug 2009, Vol. 28, No. 4: 529-530. (Source: Biotechnology Law Report)

On the Move

Biotechnology Law Report — Fri, 30 Oct 2009 16:56:17 +0100

Biotechnology Law Report Aug 2009, Vol. 28, No. 4: 531-531. (Source: Biotechnology Law Report)

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Vermont Requires Full Disclosure of Payments to Healthcare Providers; Medicare Panel Wants Pathway for Follow-On Biologics; Sequenom Being Investigated by SEC over Down's Syndrome Test Problems; Amgen Pays Fine for Allegedly Overcharging

Biotechnology Law Report — Fri, 30 Oct 2009 16:56:16 +0100

Biotechnology Law Report Aug 2009, Vol. 28, No. 4: 524-524. (Source: Biotechnology Law Report)

Two Researchers Barred from Involvement in Clinical Trials; Enough, Already! The Scientist Says Some Who Are Guilty of Misconduct; Deserve a Second Chance; The Non-Expert Expert?; More Questions About Payments to Surgeon Researcher; Fake Paper Creates Questions About “Open Access” Journals; Elsevier Said to Have Published Eight Additional Journals with Undisclosed Drug Company Sponsorship; Transplantation Researchers Have 8-Year History of Fraud, ORI Says

Biotechnology Law Report — Fri, 30 Oct 2009 16:56:15 +0100

Biotechnology Law Report Aug 2009, Vol. 28, No. 4: 525-528. (Source: Biotechnology Law Report)

Two Researchers Barred from Involvement in Clinical Trials; Enough, Already! The Scientist Says Some Who Are Guilty of Misconduct; Deserve a Second Chance; The Non-Expert Expert?; More Questions About Payments to Surgeon Researcher; Fake Paper Creates Questions About “Open Access” Journals; Elsevier Said to Have Published Eight Additional Journals with Undisclosed; Drug Company Sponsorship Transplantation Researchers Have 8-Year History of Fraud, ORI Says

Biotechnology Law Report — Fri, 30 Oct 2009 16:56:15 +0100

Biotechnology Law Report Aug 2009, Vol. 28, No. 4: 525-528. (Source: Biotechnology Law Report)

Guidance for Industry: Presenting Risk Information in Prescription Drug and Medical Device Promotion

Biotechnology Law Report — Fri, 30 Oct 2009 16:56:14 +0100

Biotechnology Law Report Aug 2009, Vol. 28, No. 4: 537-554. (Source: Biotechnology Law Report)

Takeda Pharmaceutical Co., Ltd. v. John J. Doll, Acting Under Secretary of Commerce for Intellectual Property

Biotechnology Law Report — Fri, 30 Oct 2009 16:56:13 +0100

Biotechnology Law Report Aug 2009, Vol. 28, No. 4: 555-561. (Source: Biotechnology Law Report)

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Guidance for Industry: Integrated Summaries of Effectiveness and Safety: Location Within the Common Technical Document

Biotechnology Law Report — Fri, 30 Oct 2009 16:56:13 +0100

Biotechnology Law Report Aug 2009, Vol. 28, No. 4: 532-536. (Source: Biotechnology Law Report)

Double Patenting and Process Patents; Apparently, Oxford, U.K., Is Not in California; When Does the Two-Way Test for Obviousness Apply?; Illumina Sues for Infringement of Analytical Technology Patent; Ruling in Favor of Affymetrix Overturned; Abbott Ordered to Pay $1.67 Billion; BASF Sues Pioneer Hi-Bred for Unlawful Use of Technology; DuPont Countersues Monsanto; Beckman, Orchid, and Sequenom Suit Dropped

Biotechnology Law Report — Fri, 30 Oct 2009 16:56:12 +0100

Biotechnology Law Report Aug 2009, Vol. 28, No. 4: 517-523. (Source: Biotechnology Law Report)

In re Frits Jacobus Fallaux, Robert Cornelius Hoeben, Alex Jan van der Eb, Abraham Bout, and Domenico Valerio

Biotechnology Law Report — Fri, 30 Oct 2009 16:56:11 +0100

Biotechnology Law Report Aug 2009, Vol. 28, No. 4: 573-576. (Source: Biotechnology Law Report)

FDA Cannot Write Definitions on Its Own; APHIS Releases Biotechnology Quality Management System; Environmental Impact Statement Needed for Alfalfa; EU Finds Monsanto Corn Safe; High-Oleic Soybeans Okayed; Farmer Irritated with Biotechnology Opponents; Canada Drops Canola Complaint Against WTO; Cambridge to Ban Level 4 Laboratories; Restriction on Use of Antibiotics in Animal Field; Eight-Feature Corn Gets U.S., Canadian Approval

Biotechnology Law Report — Fri, 30 Oct 2009 16:56:10 +0100

Biotechnology Law Report Aug 2009, Vol. 28, No. 4: 509-511. (Source: Biotechnology Law Report)

Cardiac Stem Cell Trial to Proceed; Earlier Use of Drugs That Have Completed Clinical Trials; Harmonization of European Clinical Trial Rules Demanded

Biotechnology Law Report — Fri, 30 Oct 2009 16:56:10 +0100

Biotechnology Law Report Aug 2009, Vol. 28, No. 4: 508-508. (Source: Biotechnology Law Report)

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Steps Taken to Prevent Federal Preemption; CAFC Finds Vaccine Did Cause Child's Injury

Biotechnology Law Report — Fri, 30 Oct 2009 16:56:09 +0100

Biotechnology Law Report Aug 2009, Vol. 28, No. 4: 512-513. (Source: Biotechnology Law Report)

ACLU, Others Attack Patents on Breast Cancer Genes; PTO Upholds Patents on Uses of Stem Cells; Venture Capital Group Says 12 Years of Exclusivity Required for Biologics; DoJ Objects to Pay-to-Delay Agreements; EU Acts on Pay-to-Delay Issue; U.K. Minister Asks for Surrender of Patent Rights to Anti-HIV Drugs

Biotechnology Law Report — Fri, 30 Oct 2009 16:56:08 +0100

Biotechnology Law Report Aug 2009, Vol. 28, No. 4: 514-516. (Source: Biotechnology Law Report)

Comment on Getting Written Description Right in the Biotechnology Arts: A Realist Approach to Patent Scope

Biotechnology Law Report — Fri, 30 Oct 2009 16:56:04 +0100

Biotechnology Law Report Aug 2009, Vol. 28, No. 4: 497-499. (Source: Biotechnology Law Report)

Personalized Medicine: Planning for the Future Colloquium I: Diagnostics and Diagnoses, Paths to Personalized Medicine

Biotechnology Law Report — Fri, 30 Oct 2009 16:56:03 +0100

Biotechnology Law Report Aug 2009, Vol. 28, No. 4: 500-502. (Source: Biotechnology Law Report)

Guidance on Placement of Integrated Effectiveness and Safety Summaries; Advice from FDA on Presenting Risk Information; More Warnings for Erlotinib; Sanofi-Aventis Said to Overstate Efficacy of Docetaxel; Possible Dosage Alterations for Rituximab; FDA Establishes Transparency Task Force; Unauthorized Clinical Trials Alleged; FDA Should Release Information on Unapproved Uses; Pegylated Anti-TNF Product Closer to European Approval; Viral Contaminant Reducing Supplies of Replacement Enzymes; First Follow-On Biologic Approved in Japan; More Human Embryonic Stem Cell Lines May Be Approved for Research; All Genetic Tests and Performance Data Should Be Registered; Early Development of Biologics to Gain New Regulatory Body in India; Rapid Test for C. diff. Approved; Label Changes for Immunosuppressives Reflect Concern About Kidney Virus

Biotechnology Law Report — Fri, 30 Oct 2009 16:56:02 +0100

Biotechnology Law Report Aug 2009, Vol. 28, No. 4: 503-507. (Source: Biotechnology Law Report)

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Autogenomics, Inc. v. Oxford Gene Technology Limited

Biotechnology Law Report — Fri, 30 Oct 2009 16:56:00 +0100

Biotechnology Law Report Aug 2009, Vol. 28, No. 4: 562-572. (Source: Biotechnology Law Report)

False homozygosities at CSF1PO loci revealed by discrepancies between two kits in Chinese population

International Journal of Legal Medicine — Fri, 30 Oct 2009 07:59:03 +0100

Abstract During the course of paternity test, three samples in two cases were apparently homozygous at the CSF1PO locus using AmpFlSTRs Identifiler PCR Amplification kits, but using the PowerPlexs 16 kit, the three individuals were found to be heterozygous. This puzzling problem was solved by using multiple analytical approaches, including the use of different primer pairs and the characterization of the mutation causing the ‘‘null allele.’’ Dropout was caused by a single mutation event in the presumptive binding site of the forward primer. While the frequency of these silent alleles remains low (0.5% in our study), it is suggested that appropriate measures should be taken for database comparisons and that allelic dropout should be further investigated by sequence ...

Coding & Reimbursement: Minimize Mistakes, Maximize Reimbursement with Final Audio Conference Call

American Academy of Neurology — Thu, 29 Oct 2009 22:47:00 +0100

The last of the one-hour 2009 AAN Coding Audio Conference Calls gives advice for coding correctly and avoiding common reimbursement pitfalls. (Source: American Academy of Neurology)

Allergan Wants Court To Find Off-Label Promotion Rules Are Unconstitutional

LexisNexis® Mealey's™ Arthritis Drugs Legal News — Thu, 29 Oct 2009 14:30:33 +0100

WASHINGTON, D.C. - Already under federal investigation for the off-label marketing of Botox, manufacturer Allergan Inc. on Oct. 1 asked a federal court to declare that federal regulations barring promotion of off-label uses of drugs are an unconstitutional violation of its First Amendment free speech rights (Allergan, Inc. v. United States of America, et al., No. 09-1879, D. D.C.). Full story on lexis.com (Source: LexisNexis® Mealey's™ Arthritis Drugs Legal News)

J&J Victory Vacated In Drug Price Litigation For 1 Plaintiff Class

LexisNexis® Mealey's™ Arthritis Drugs Legal News — Thu, 29 Oct 2009 14:30:33 +0100

BOSTON - A panel of the First Circuit U.S. Court of Appeals on Sept. 18 vacated judgment against a class in the drug average wholesale price multidistrict litigation and remanded it for further consideration (In Re: Pharmaceutical Industry Average Wholesale Price Litigation, Theresa Shepley, et al. v. Johnson & Johnson, et al., No. 08-1002, 1st Cir.). Full story on lexis.com (Source: LexisNexis® Mealey's™ Arthritis Drugs Legal News)

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Merck Files Opposition To Shareholders' Discovery Into Creation Of Report

LexisNexis® Mealey's™ Arthritis Drugs Legal News — Thu, 29 Oct 2009 14:30:33 +0100

ATLANTIC CITY, N.J. - Merck executives never saw the documents underlying an exculpatory internal report, Merck & Co. says in an Oct. 8 brief in the Atlantic County, N.J., Superior Court opposing shareholders' motion for discovery into the creation of the report, and in any case, it says, the report is protected by the attorney-client privilege (Ellen Fagin, et al. v. Edward M. Scolnick, et al., No. ATL-L-3406-07-MT, N.J. Super., Atlantic Co.; See August 2009, Page 12). Full story on lexis.com (Source: LexisNexis® Mealey's™ Arthritis Drugs Legal News)

Plaintiff Groups Fight Over Leadership Of Suits Against Pfizer's Management

LexisNexis® Mealey's™ Arthritis Drugs Legal News — Thu, 29 Oct 2009 14:30:33 +0100

NEW YORK - Two plaintiff groups are vying to lead litigation seeking to make Pfizer executives responsible to shareholders for the recent $2.3 billion settlement between the company and the federal government over the company's illegal marketing of Bextra and other drugs, in motions filed Oct. 8 (Henrietta Klein, derivatively on behalf of Pfizer Inc. v. Dennis A. Ausiello, et al., No. 09-cv-7822, S.D. N.Y.; Amalgamated Bank, et al. v. Dennis A. Ausiello, et al., No. 09-cv-8363, S.D. N.Y.; See September 2009, Page 15). Full story on lexis.com (Source: LexisNexis® Mealey's™ Arthritis Drugs Legal News)

Judge Says Sealed Papers Were Not Relevant To Summary Judgment

LexisNexis® Mealey's™ Arthritis Drugs Legal News — Thu, 29 Oct 2009 14:30:33 +0100

NEWARK, N.J. - The judge presiding over shareholder derivative litigation brought in New Jersey by labor union pension funds over Pfizer Inc.'s painkiller Celebrex has denied a plaintiffs' motion to unseal internal corporate communications, saying Oct. 20 that the documents were irrelevant to the only decision in the case - her grant of summary judgment on statute of limitations grounds (Robert L. Garber, et al. v. Pharmacia Corp., et al., No. 3:03-cv-01519, D. N.J.; See July 2009, Page 12). Full story on lexis.com (Source: LexisNexis® Mealey's™ Arthritis Drugs Legal News)

Merck Never Believed In Naproxen Protection, Shareholders Claim

LexisNexis® Mealey's™ Arthritis Drugs Legal News — Thu, 29 Oct 2009 14:30:33 +0100

WASHINGTON, D.C. - Merck & Co. Inc. misled investors by claiming to believe the generic painkiller naproxen had prevented cardiovascular problems in a study, the representative of class asserting shareholder claims in an Oct. 19 brief before the U.S. Supreme Court, when the company had no proof for the "naproxen theory" and knew much earlier that Vioxx contributed to heart attacks and strokes (Merck & Co., Inc., et al. v. Richard Reynolds, et al., No. 08-905, U.S. Sup.; See August 2009, Page 10). Full story on lexis.com (Source: LexisNexis® Mealey's™ Arthritis Drugs Legal News)

Wrongful Death Plaintiffs Lose Remand Petition But Keep Their Expert

LexisNexis® Mealey's™ Arthritis Drugs Legal News — Thu, 29 Oct 2009 14:30:33 +0100

BALTIMORE - The parents of a 17-year-old who died of cardiac arrest after several infusions with Johnson & Johnson's Remicade lost their attempt in federal court to have the case remanded but prevailed on the admissibility of a key expert (James Mack, et al. v. AmerisourceBergen Drug Corporation, et al., No. 08-688, D. Md.; 2009 U.S. Dist. LEXIS 89695; See March 2008, Page 8). Full story on lexis.com (Source: LexisNexis® Mealey's™ Arthritis Drugs Legal News)

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Survivors Object To Arbitration Demand By Late Father's 'Girlfriend'

LexisNexis® Mealey's™ Arthritis Drugs Legal News — Thu, 29 Oct 2009 14:30:33 +0100

NEW ORLEANS - The surviving children of a former Vioxx user object to a motion for arbitration filed by their father's "on-and-off girlfriend," arguing in an Oct. 6 brief that she failed to notify the federal multidistrict litigation court of her disclaimer of rights in the estate or of the estate's interest in the decedent's claim in the national Vioxx settlement (In Re: VIOXX Products Liability Litigation, MDL 1657, Mary de la Garza v. Merck & Co. Inc., No. 05-5543, E.D. La.). Full story on lexis.com (Source: LexisNexis® Mealey's™ Arthritis Drugs Legal News)

Bextra/Celebrex Objectors Claim Disparate Treatment In Consumer Settlement

LexisNexis® Mealey's™ Arthritis Drugs Legal News — Thu, 29 Oct 2009 14:30:33 +0100

SAN FRANCISCO - Two objectors to a proposed $89 million class settlement of purchase price claims over Pfizer's painkillers Bextra and Celebrex filed a supplemental objection on Sept. 23, arguing that class members who purchased both drugs should be able to recover for purchases of Celebrex (In Re: Bextra and Celebrex Marketing Sales Practices and Product Liability Litigation, MDL Docket No. 1699, No. 05-1699, N.D. Calif.; See September 2009, Page 12). Full story on lexis.com (Source: LexisNexis® Mealey's™ Arthritis Drugs Legal News)

Bextra-Celebrex Judge Approves $89M Settlement Resolving Consumer Claims

LexisNexis® Mealey's™ Arthritis Drugs Legal News — Thu, 29 Oct 2009 14:30:33 +0100

SAN FRANCISCO - An $89 million settlement of consumer claims over Pfizer Inc.'s painkillers Bextra and Celebrex was approved Sept. 28 by the federal judge supervising consolidated litigation (In Re: Bextra and Celebrex Marketing Sales Practices and Product Liability Litigation, MDL Docket No. 1699, No. M:05-CV-1699, N.D. Calif.; See September 2009, Page 12). Full story on lexis.com (Source: LexisNexis® Mealey's™ Arthritis Drugs Legal News)

$4.5M Vioxx Verdict Survives Preemption, Parties Learn 5 Months After Dismissal

LexisNexis® Mealey's™ Arthritis Drugs Legal News — Thu, 29 Oct 2009 14:30:33 +0100

TRENTON, N.J. - In a nearly five-month-old decision not revealed until Sept. 29, the New Jersey Supreme Court dismissed the appeal of a $4.5 million Vioxx verdict in light of the U.S. Supreme Court's preemption ruling in Wyeth v. Diana Levine (No. 06-1249, U.S. Sup.; 2009 U.S. LEXIS 1774; See March 2009, Page 11) (John McDarby, et al. v. Merck & Co., Inc., No. A-40, N.J. Sup.; See October 2008, Page 6). Full story on lexis.com (Source: LexisNexis® Mealey's™ Arthritis Drugs Legal News)

Comprehending Canadian police cautions: are the rights to silence and legal counsel understandable?

Behavioral Sciences & the Law — Thu, 29 Oct 2009 00:00:00 +0100

Comprehension of a Canadian police right to silence caution and a right to legal counsel caution was examined. Each caution was first presented verbally in its entirety, followed by its sentence-by-sentence presentation in written format. Participants (N = 56) were asked to indicate, after each presentation, their understanding of the caution. When delivered in verbal format, 4 and 7% of participants fully understood the right to silence and legal counsel cautions, respectively. However, 48 and 32% of participants fully understood the right to silence and legal counsel cautions, respectively, when delivered in written format. Comprehension of the cautions was not influenced by gender, experience with the caution, or whether the caution was interpreted by a police recruit or regular student...

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The impact of outcome knowledge, role, and quality of information on the perceived legitimacy of lethal force decisions in counter-terrorism operations

Behavioral Sciences & the Law — Thu, 29 Oct 2009 00:00:00 +0100

In this study, we investigated whether hindsight bias affected judgements about the legitimacy of lethal force decisions in police shooting incidents for counter-terrorism operations. We also assessed to what extent this hindsight bias was mediated by factors such as role and information quality. Four hundred and eighty participants completed a short questionnaire that manipulated role (as senior police officer, Independent Police Complaints Commissioner, or family member, plus a "no role" control group), information quality (detailed/good or vague/ambiguous), and outcome knowledge (knowledge of outcome/hindsight versus no knowledge of outcome/foresight) in a 4 × 2 × 2 design. Results indicated that outcome knowledge affected the perception of threat and decision quality but not the blam...

The effects of gender, family status, and race on sentencing decisions

Behavioral Sciences & the Law — Wed, 28 Oct 2009 00:00:00 +0100

This study sought to determine the effects of family role, gender, and race on judges' sentencing decisions. To assess these effects, factorial surveys were sent to 360 Court of Common Plea judges who presided over criminal court cases in the state. Survey administration resulted in a 51% response rate. The findings indicate that defendants who were depicted as performing caretaker roles had a significantly decreased likelihood of incarceration. Further analysis found that the reduction in likelihood of incarceration for being a caretaker was larger for males than for females. Examination of the interaction of familial role with race found that familial role equally reduced the likelihood of incarceration for black and white females. Familial responsibility, however, resulted in a signific...

Public & Private Payer Relations: Academy Document Drives Changes to Aetna Policy

American Academy of Neurology — Tue, 27 Oct 2009 17:02:00 +0100

In an October 2009 update to its medical policy for magnetoencephalography (MEG), Aetna, one of the nation's largest private insurance companies, references the Academy's own model policy document for the technology. (Source: American Academy of Neurology)

Advocacy: Profiles in Advocacy: Teshamae Monteith, MD

American Academy of Neurology — Tue, 27 Oct 2009 16:25:00 +0100

Palatucci Advocacy Leadership Fellow Teshamae Monteith, MD, of San Francisco, CA, serves as an advocacy champion for improved headache treatment and care. (Source: American Academy of Neurology)

Capitol Hill Report: Capitol Hill Report: Doc Fix Fails in Senate...Smoke and Mirrors?

American Academy of Neurology — Tue, 27 Oct 2009 14:35:36 +0100

For the first time since the flawed Sustainable Growth Rate (SGR) formula started calling for cuts in physician payments, the US Senate took a vote that would have led to the elimination of the SGR. Unfortunately, the 47-53 procedural (Source: American Academy of Neurology)

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News From The LexisNexis Insurance Law Center

LexisNexis® Mealey's™ Disability Insurance Legal News — Tue, 27 Oct 2009 14:35:23 +0100

[Editor's Note: The following items of interest appeared recently on the LexisNexis Insurance Law Center. Devoted to insurance litigation and the insurance industry, the Insurance Law Center is where you can connect with other insurance professionals to discuss the hottest issues. Become a regular contributor. Visit the center on the open Web for insurance-related headlines, discussion, expert commentary and more at: http://law.lexisnexis.com/practiceareas/insurance.] Full story on lexis.com (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)

Bad Faith Claim Allowed To Proceed, Federal Judge Finds

LexisNexis® Mealey's™ Disability Insurance Legal News — Tue, 27 Oct 2009 14:35:23 +0100

ORLANDO - A federal judge in Florida on Oct. 15 let stand claims of civil conspiracy and bad faith alleged against Unum Group Corp. arising from a denial of disability benefits but dismissed claims for breach of fiduciary duty and misrepresentation, finding that they had not been properly pleaded (Ronnie Hogan v. Provident Life and Accident Insurance Co., et al., No. 6:08-cv-1897, M.D. Fla.; 2009 U.S. Dist. LEXIS 95921). Full story on lexis.com (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)

Claimant Allowed Discovery Into Conflict Of Interest, Federal Judge Holds

LexisNexis® Mealey's™ Disability Insurance Legal News — Tue, 27 Oct 2009 14:35:23 +0100

CHICAGO - A federal judge in Illinois on Oct. 9 granted in part a motion to compel discovery information into an ERISA-governed insurer's conflict of interest (J. Kevin Garvey v. Piper Rudnick LLP Long Term Disability Insurance Plan, et al., No. 08-C-1093, N.D. Ill.; 2009 U.S. Dist. LEXIS 94694). Full story on lexis.com (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)

Contract, Bad Faith Claims Preempted By ERISA, Judge Rules

LexisNexis® Mealey's™ Disability Insurance Legal News — Tue, 27 Oct 2009 14:35:23 +0100

SAN FRANCISCO - Claims for breach of contract, bad faith and emotional distress arising from the denial of benefits under a group disability policy are preempted by the Employee Retirement Income Security Act, a federal judge in California ruled Oct. 6 (Gregory L. Bowling v. Prudential Insurance Company of America, et al., No. C 09-01581, N.D. Calif.; 2009 U.S. Dist. LEXIS 93434). Full story on lexis.com (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)

Documents Do Not Show Lack Of Discretion, 9th Circuit Says

LexisNexis® Mealey's™ Disability Insurance Legal News — Tue, 27 Oct 2009 14:35:23 +0100

SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on Oct. 20 in an unpublished opinion ruled that a claimant failed to show that an insurer did not have discretionary authority warranting a de novo standard of review and that the claimant was not entitled to a new administrative appeal on remand (Michael Cremin v. McKesson Corporation Employees' Long Term Disability Benefit Plan, et al., No. CV-07-1302, 9th Cir.; 2009 U.S. App. LEXIS 22974). Full story on lexis.com (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)

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Action Time-Barred Because Of Late Notice, 11th Circuit Finds

LexisNexis® Mealey's™ Disability Insurance Legal News — Tue, 27 Oct 2009 14:35:23 +0100

ATLANTA - The 11th Circuit U.S. Court of Appeals ruled Oct. 21 in an unpublished opinion that an action to recover disability benefits under an ERISA-governed policy is time-barred because the claimant failed to file a claim within the plan's one-year notification period (Beatriz Martinez-Claib, M.D. v. Business Men's Assurance Company of America, et al., No. 08-16781, 11th Cir.; 2009 U.S. App. LEXIS 23074). Full story on lexis.com (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)

Court: Insurer Entitled To Rescind 2 Policies

LexisNexis® Mealey's™ Disability Insurance Legal News — Tue, 27 Oct 2009 14:35:23 +0100

TACOMA, Wash. - A federal judge on Oct. 15 ruled that a disability insurer is entitled to rescind two policies that were issued based in part on an oral personal history interview where the claimant did not disclose that he had been treated by a psychiatrist within six months of the interview date (The Northwestern Mutual Life Insurance Co. v. Richard L. Koch, No. C08-5394, W.D. Wash.; 2009 U.S. Dist. LEXIS 96210). Full story on lexis.com (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)

Records Support Insurer's Denial Of Benefits, Judge Holds

LexisNexis® Mealey's™ Disability Insurance Legal News — Tue, 27 Oct 2009 14:35:23 +0100

SACRAMENTO, Calif. - An ERISA-governed insurer's denial of disability benefits to a claimant with multiple sclerosis was supported by the administrative record, a federal judge in California ruled Sept. 29, finding that it was not an abuse of discretion for the insurer to rely on record reviews and employment reports (Ginger Seitles v. Unum Provident, Unum Life Insurance Company of America, No. S-04-2725, E.D. Calif.; 2009 U.S. Dist. LEXIS 90582). Full story on lexis.com (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)

7th Circuit: Disability Insurer Properly Credited Consulting Doctors' Opinions

LexisNexis® Mealey's™ Disability Insurance Legal News — Tue, 27 Oct 2009 14:35:23 +0100

CHICAGO - A disability insurer's denial of benefits did not violate the Employee Retirement Income Security Act by crediting consulting physicians' opinions that were based on their access to the claimant's employment history because the claimant claimed that her condition was negatively affected by the stress of her job, the Seventh Circuit U.S. Court of Appeals affirmed Sept. 18 (Elizabeth Black v. Long Term Disability Insurance, No. 07-3550, 7th Cir.; 2009 U.S. App. LEXIS 20762). Full story on lexis.com (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)

Insurer Failed To Consider Subjective Pain, Federal Judge Rules

LexisNexis® Mealey's™ Disability Insurance Legal News — Tue, 27 Oct 2009 14:35:23 +0100

LOUISVILLE, Ky. - A federal judge in Kentucky on Oct. 14 ruled that an ERISA-governed disability insurer that denied benefits to a claimant with rheumatoid arthritis acted arbitrarily, finding that the insurer failed to consider objective pain and failed to explain its reasoning for reaching a different conclusion than that of the Social Security Administration (Vickie Costello v. Sun Life Assurance Company of Canada, No. 08-00157, W.D. Ky.; 2009 U.S. Dist. LEXIS 95828). Full story on lexis.com (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)

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Disability Claimant's Lawsuit Is Time-Barred, 10th Circuit Holds

LexisNexis® Mealey's™ Disability Insurance Legal News — Tue, 27 Oct 2009 14:35:23 +0100

DENVER - A long-term disability plan's limitations period was enforceable under the Employee Retirement Income Security Act because it was "easily determinable," the 10th Circuit U.S. Court of Appeals ruled Sept. 30 in finding that the claimant's lawsuit was untimely filed (Carol Ann Salisbury v. Hartford Life and Accident Insurance Company, No. 08-3316, 10th Cir.; 2009 U.S. App. LEXIS 21455). Full story on lexis.com (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)

3rd Circuit: Statute Of Limitations Bars ERISA Claim For Underpayment

LexisNexis® Mealey's™ Disability Insurance Legal News — Tue, 27 Oct 2009 14:35:23 +0100

PHILADELPHIA - A disability claimant's claim for underpayment of benefits under the Employee Retirement Income Security Act was barred by the statute of limitations, which began to run on the date that the claimant first notified the plan and its administrator that his benefits were not calculated correctly, the Third Circuit U.S. Court of Appeals ruled Oct. 8 in an unpublished opinion (Joseph M. Lutz, et al. v. Philips Electronics North America Corporation, et al., No. 08-3943, 3rd Cir.; 2009 U.S. App. LEXIS 22281). Full story on lexis.com (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)

Fraud, Negligence Claims Barred By Statute Of Limitations, Judge Rules

LexisNexis® Mealey's™ Disability Insurance Legal News — Tue, 27 Oct 2009 14:35:23 +0100

TULSA, Okla. - Fraud and negligence claims against a doctor who performed an independent medical exam are barred by the two-year statute of limitations, a federal judge in Oklahoma ruled Oct. 13, finding that claims against the disability plan for conspiracy are preempted by ERISA (Robin Cameron v. The Forest Hills IPA, Inc., et al., No. 09-CV-0311-CVE-PJC, N.D. Okla.; 2009 U.S. Dist. LEXIS 95190). Full story on lexis.com (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)

Calculation Of Benefits Was Reasonable Under Plan Language, 1st Circuit Finds

LexisNexis® Mealey's™ Disability Insurance Legal News — Tue, 27 Oct 2009 14:35:23 +0100

BOSTON - An ERISA-governed disability plan that reduced the amount of benefits to a disabled employee was reasonable, the First Circuit U.S. Court of Appeals ruled Oct. 14. The insurer concluded that commissions should not have been considered in the calculation of the employee's total disability benefit amount (Cheryl Wallace v. Johnson & Johnson, et al., No. 09-1069, 1st Cir.; 2009 U.S. App. LEXIS 22529). Full story on lexis.com (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)

11th Circuit: Insurer Properly Considered Subjective Complaints

LexisNexis® Mealey's™ Disability Insurance Legal News — Tue, 27 Oct 2009 14:35:23 +0100

ATLANTA - An ERISA-governed disability insurer that denied benefits to a claimant with fatigue, weakness and muscle pain acted reasonably, the 11th Circuit U.S. Court of Appeals ruled Oct. 2, finding that the insurer properly considered the claimant's subjective complaints of pain, doctor reports and medical reviews (Susan Keith v. The Prudential Insurance Company of America, No. 09-10695, 11th Cir.; 2009 U.S. App. LEXIS 21704). Full story on lexis.com (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)

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Dental age estimation in Spanish and Venezuelan children. Comparison of Demirjian and Chaillet’s scores

International Journal of Legal Medicine — Tue, 27 Oct 2009 08:54:09 +0100

Abstract Orthopantomographs taken from 308 Spanish Caucasian and 200 Venezuelan Amerindian children, aged between 2 and 18 years, were analysed following the Demirjian’s method. The aims of this study were to test the applicability of the Demirjian’s method to two different sample populations, and to develop age prediction models for both populations using the original French Canadian scores described by Demirjian (1976) and the new multi-ethnic dental scores proposed by Chaillet et al. (2005) when the ethnic origin is unknown. Results showed that despite the good correlation between dental and chronological age, Demirjian’s method overestimates the age in the Spanish Caucasian sample using both scores, the mean overestimation being higher when the Demirjian’s ...

A novel and an effective analytical approach for the LC-MS determination of ethyl glucuronide and ethyl sulfate in urine

International Journal of Legal Medicine — Tue, 27 Oct 2009 08:54:08 +0100

Abstract An alternative liquid chromatography–mass spectrometry (LC-MS) method based on no discharge (ND) atmospheric pressure chemical ionization (APCI) was developed for the simultaneous determination of ethyl glucuronide (EtG) and ethyl sulfate (EtS) in urine in negative ion conditions. Abundant [M-H]− species of EtG and EtS were obtained, allowing to reach limits of quantification (0.1 µg/ml for both analytes), accuracy, and precision comparable to those proposed in the literature. Additionally, the LC-ND–APCI-MS method proved to be reliable, requiring little maintenance even when high throughput analyses (i.e., 6,000 samples per year) were required. Content Type Journal ArticleCategory Technical NoteDOI 10.1007/s00414-009-0376-1Authors Donata Favretto, ...

Reality check: a comparison of college students and a community sample of mock jurors in a simulated sexual violent predator civil commitment

Behavioral Sciences & the Law — Mon, 26 Oct 2009 00:00:00 +0100

Despite concerns about generalizability, past mock trial research has concluded that effects of sample (i.e., students versus representative mock jurors) are negligible. The current study was conducted to explore this conclusion within the conceptual framework of cognitive-experiential self-theory (CEST). Through a mock civil commitment hearing of a sexually violent predator, responses of student (n = 138) and representative (n = 240) mock jurors were compared. Results revealed several important differences between samples: (a) the student sample scored higher on the rational processing measure (i.e., need for cognition); (b) students' verdicts were also significantly correlated to a measure of their cognitive processing style, an enduring personal characteristic related to the extent to w...

Annual Meeting: Don't Delay: 2010 Abstracts and Award Applications Due November 2

American Academy of Neurology — Fri, 23 Oct 2009 13:27:17 +0100

The November 2 deadline to submit your abstract and award application to the 2010 Annual Meeting is almost here. (Source: American Academy of Neurology)