Health Law

5th Circuit Chief Judge Tells Sparks His Caustic Orders Are Ill-Advised and Not Very Funny

A Texas federal judge in the news lately for his sarcastic orders chastising lawyers is now himself facing criticism from the chief judge of the New Orleans-based court that hears appeals from his state. Last month U.S. District Judge Sam Sparks of Austin invited two squabbling lawyers to a “kindergarten…

Sep 13, 2011 12:00 PM CDT

Federal Judge Got It Wrong, Va. Lacks Standing to Challenge Health Care Reform, 4th Circuit Rules

Developing: In a ruling today, the Richmond, Va.-based 4th U.S. Circuit Court of Appeals declined to strike down a controversial health care plan backed by President Barack Obama, nixing a challenge to the legislation by the state of Virginia. A federal district court earlier held that the health plan didn’t…

Sep 8, 2011 6:58 PM CDT

WilmerHale Could Save $214M Due to a Deadline Provision in the Patent Bill

Critics are labeling a patent reform bill “The Dog Ate My Homework Act” for the protection it gives WilmerHale and its client the Medicines Company. The bill would award patents to inventors who are “first to file” with the U.S. Patent and Trademark Office, rather than those who are “first…

Sep 8, 2011 12:08 PM CDT

FDA to Review Safety of Osteoporosis Drugs as Lawsuit Begins in Bellwether Trial

The Food and Drug Administration is expected to review the safety of osteoporosis drugs taken over the long-term amid growing concerns about side effects. The drugs, known as bisphosphonates, add bone mass by inhibiting a bone renewal process called resorption, the New York Times reports. The fear is that long-term…

Sep 6, 2011 5:02 PM CDT

Need an Excel Spreadsheet to Track Sperm Donor Children? Law Prof Sees Need for Regulations

Some sperm donors have fathered as many as 150 children, a statistic that is leading to calls for more regulation of artificial insemination. The numbers can be tracked through a website where families list children born through artificial insemination and the identifying number given their sperm donor fathers, the New…

Sep 6, 2011 1:51 PM CDT

After Fierce Federal Judge’s Invitation to ‘Kindergarten Party,’ 2 Lawyers Settle Case

Updated: A federal judge known for not mincing words swiftly achieved the desired effect by inviting two apparently squabbling attorneys to a “kindergarten party” in his Austin, Texas, courtroom. Following the much-publicized invitation by U.S. District Judge Sam Sparks, the two lawyers, Jonathan Woods and Travis Barton, not only settled…

Sep 1, 2011 9:42 PM CDT

Judge Blocks Part of Texas Abortion Law; Lawyer Responds to Earlier Benchslap

A federal judge has blocked key parts of a Texas law that required women seeking abortions to view sonograms of the fetus and listen to the heartbeat. U.S. District Judge Sam Sparks granted a preliminary injunction on Tuesday, finding the law violates the First Amendment rights of doctors and patients,…

Aug 31, 2011 12:07 PM CDT

Ethics Concerns Shouldn’t Stop Research on Memory-Altering Drugs, Law Prof Says

Ethics concerns shouldn’t stop research on memory-altering drugs that could help people traumatized by bad events, according to a professor at Brooklyn Law School. Writing in the journal Nature (sub. req.), professor Adam Kolber argues that delay could hinder people who are debilitated by harrowing memories, report the Independent, LiveScience.com…

Aug 22, 2011 11:00 AM CDT

Federal Judge Apologizes for Delay in Ruling on Mass. Inmate’s Sex-Change Surgery Suit

For years, Michelle Kosilek has been living as a woman in a men’s prison in Massachusetts, with the help of female hormone and hair-removal treatments. Now 62, the former Robert Kosilek was convicted in 1993 of killing his wife three years earlier. Kosilek wants a sex-change operation and has been…

Aug 18, 2011 7:35 PM CDT

Most Physicians Will Be Sued for Medical Malpractice, Though Payouts Are Few, Study Finds

Most physicians and virtually every surgeon will face a medical malpractice claim at least once in their careers, a study has found. But only one claim out of five results in a settlement or other payout, the Associated Press and the Boston Globe report. Neurosurgeons and heart surgeons are sued…

Aug 18, 2011 4:25 PM CDT

Baxter Lawyer Reportedly Caught on Tape Offering to Pay Opposing Expert to Leave Town

A lawyer in Mexico City for U.S. drug maker Baxter International was caught on tape offering to pay an opposing expert witness to get out of town on a key court date, according to sworn testimony. The Associated Press obtained the testimony and the tape recording of the lawyer, Jorge…

Aug 17, 2011 11:55 AM CDT

Kennedy and Roberts Are Crucial Votes on Health Care Law

The U.S. Supreme Court hasn’t agreed to review the Obama administration’s health care law, but that hasn’t stopped the pundits from making some predictions. The swing voters may be Chief Justice John G. Roberts Jr. and Justice Anthony M. Kennedy, Reuters reports. At issue is whether Congress had the constitutional…

Aug 17, 2011 11:00 AM CDT

11th Circuit Strikes Down Insurance Mandate in Health Care Law, Creating Circuit Split

A federal appeals court has struck down the insurance mandate in the Obama administration’s health care law. A divided panel of the Atlanta-based 11th U.S. Circuit Court of Appeals ruled today, the Associated Press reports. The majority found that the mandate exceeds Congress’ powers under the commerce clause. At issue…

Aug 12, 2011 6:34 PM CDT

EEOC Alleges Hospital Refused to Hire Male Nurse in OR Because of Female Patients

The Equal Employment Opportunity Commission claims in a federal lawsuit (PDF) that a Missouri hospital discriminated against a male nurse by refusing to assign him to the operating room. According to the EEOC, the Audrain Medical Center in Mexico, Mo., preferred to have female nurses in the operating room when…

Aug 11, 2011 5:06 PM CDT

Double Whammy for Uninsured Man with Breast Cancer: No Medicaid, Due to His Gender

Stunned to learn that he has breast cancer, Raymond Johnson, 26, was then hit hard by another round of bad news. Under federal law, the uninsured tradesman from South Carolina doesn’t qualify for Medicaid because he is male, reports the Post and Courier. He says the sex-based policy that state…

Aug 9, 2011 6:12 PM CDT