Another glaring example of why the drug industry and President Bush will lobby for pre-emption is found in recent developments with regard to a Baxter International drug. On April 15, 2008, the FDA...
The FDA warned, for the second time in two years, that improper use of the fentanyl patch, a painkiller, is still claiming lives. Some of the deaths were due to doctors prescribing the patch to the wrong patients. The drug is supposed to be used for chronic pain for patients who are used to narcotics, but some doctors were prescribing the drug to patients with headaches or for post-surgery...
The following is an interesting article from Lawyers Weekly on Health Courts. Should medical malpractice claims be decided by an administrator in the medical profession? Should the injured patients' remedies be capped and limited in the interest of economic expediency? You decide............Doctors and tort reformers are pushing legislation in both houses of Congress to fund pilot projects...
Two nurses could collect workers compensation benefits for separate auto accidents that happened while they were driving to see housebound patients -- even though they weren't paid mileage for the trips, the Workers' Compensation Commission has ruled. Commissioners said the claims were compensable despite the going and coming rule because car travel was a necessary, essential and integral part...
The following is a published account of a case handled by Christian and Davis as printed in Lawyers Weekly:An Upstate construction worker who had been fired for alleged misconduct just minutes before he was run over by a truck was entitled to workers' comp benefits, the Circuit Court has ruled. The accident happened as the claimant was headed for the jobsite's exit gate after he was let go,...
In an earlier blog dated July 31, 2007, and titled "Nursing Home Charged Criminally for Abuse" the statement was made that Life Care Centers of America pled "guilty" to criminal charges. This was an inadvertant typographical error. Life Care Centers of America has pled "not guilty" to these charges. We apologize for any inconvenience or issues this error may have caused.For more information...
In the largest personal injury verdict in state history, a New Mexico jury awarded $54 million to the family of a woman who bled to death in her nursing home. The plaintiff's lawyer, Carl Bettinger of Albuquerque, was already well-acquainted with the defendant, having previously litigated more than half a dozen similar negligence trials against Manor Care, a nursing home chain based in Toledo,...
As many people know, the nursing home chain, Manor Care, was recently purchased for a very large sum of money. The reports indicate that the CEO of Manor Care, Paul Ormond, would receive between $118 and $186 million dollars as a result of the buy-out. Toby S. Edelman of the Center for Medicare Advocacy and the California Advocates for Nursing Home Reform has had an interesting inquiry about...
Life Care Centers of America pled not guilty this week to charges of manslaughter, abuse and neglect, and filing false Medicare claims. The charges against the Tennessee based chain come in the wake of an investigation in the death of a 74 year-old woman in Massachussetts.McCauley, a resident confined to a wheelchair at the Life Care Center of Acton, died after wheeling herself out of front...
Contingent fees continue to stir great controversy especially in class action cases, mass torts, and medical malpractice lawsuits. The controversy most recently gained national attention when President Bush banned contingency fees in cases filed by the U.S Government. Federal judges have called contingent fees "grotesque" and plaintiffs claim they will be denied access to the courts without...
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