Tort Reform: Remedy or Red Herring?
By Ken Connor
“In the state of nature… all men are born equal, but they cannot continue in this equality. Society makes them lose it, and they recover it only by the protection of the law.”
- Charles de Montesquieu
In the ongoing debate over health care reform, critics on the right are [...]
If you have taken Reglan® or a generic equivilent and suffer from tardive dyskinesia, you may be entitled to compensation.
In February 2009, the Food and Drug Administration notified healthcare professionals that the manufacturers of metoclopramide drugs, including Reglan®, must add a boxed warning to their drug labels about the risk of its long-term or high-dose [...]
Be prepared for a change to the Federal Rules of Civil Procedure. On December 1, 2009 amendments to the Federal Rules of Civil Procedure are scheduled to take effect, and these changes include an elimination of current Rule 6(a)(2), which excludes intermediate Saturdays, Sundays, and legal holidays when a prescribed time period is less than 11 [...]
The Tennessee Court of Appeals issued a new opinion in Plunkett v. Bradley-Polk, OB/GYN Serv’s, P.C. - you can download a copy of the opinion by clicking [HERE].
In Plunkett, the plaintiff relied upon a skilled physician to deliver expert testimony that the defendants failed to comply with the applicable standard of care. Although the defendants [...]
For Immediate Release: October 6, 2009
Contact: Ray De Lorenzi, American Association for Justice
202-965-3500 x369
AAJ Press Room
Medical Malpractice Insurers Earning More Than Ever
10 biggest malpractice insurers have average profits higher than 99% of Fortune 500 companies
Washington, DC—As Congress debates nationwide health care reform, a new analysis reveals malpractice insurers have long-played a cruel hoax on legislators [...]
American Association for Justice president Anthony Tarricone has issued an OpEd at Politico:
August was quite the month in the ongoing health care saga. Death panels. Scaring seniors. Angry mobs discovering new villains to blame for the terrible health care system we find ourselves having to fix today.
And then we have the tried-and-tested scapegoat for all [...]
A new decision of the Tennessee Court of Appeals makes it clear that Tennessee Rule of Civil Procedure 8.03 means what it says. In Allgood v. Gateway Health Systems, No. MC-CC-CV-MA-06-391 (Tenn. Ct. App. Sept. 22, 2009), the Court held that a defendant who asserted an insufficiency of process defense that was lacking in any supporting facts could not use [...]
The Tennessee Supreme Court has ruled that a plaintiff who lost a medical malpractice case in federal court was not prevented from bringing another lawsuit against a doctor employed by the state, even though the jury in federal court assigned no fault to the non-party physician in the federal court case.
The Court held:
We have determined [...]
A new report has debunked, in a sense, several myths related to medical malpractice. The report, True Risk: Medical Liability, Malpractice Insurance and Health Care, with Principal Contributors J. Robert Hunter, Gillian Cassell-Stiga and Joanne Doroshow is dated July 22, 2009. You can read a copy of this Report by visiting [HERE].
I will post follow-up [...]
Approximately one year ago, Advanced Bionics, the US manufacturer of cochlear implants, settled a civil suit brought by the U.S. Food and Drug Administration (FDA) based on the HiRes90k cochlear implant device. It is expected over 25% of the vendor B HiRes90k devices (implanted in most part through March 2006) will fail. While public relations [...]
