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Health Law

3236 ABA Journal Health Law articles.

Va. Sets Stage for Court Battle Over Federal Power to Require Health Insurance

In a move intended to block key provisions of proposed national health care reform legislation, the Democrat-controlled state senate of Virginia yesterday approved measures that would make it illegal to require individuals to purchase health insurance. The legislation is also expected to be approved in the state’s Republican-controlled House of…

Feb 2, 2010 7:10 PM CST

Lancet Retracts 12-Year-Old Paper Linking Vaccines to Autism

A medical journal has retracted a controversial 1998 paper that found a link between autism and the vaccine for measles, mumps and rubella. The Lancet retracted the study after the author, Dr. Andrew Wakefield, was found to have acted unethically in conducting the research, CNN reports. His study had concluded…

Feb 2, 2010 5:50 PM CST

Jury Convicts Roeder of Murdering Abortion Doc

After deliberating for less than an hour, a jury today found Scott Roeder guilty of murdering a Kansas doctor who provided abortions, by shooting him as he attended church in Wichita with his wife. Roeder, 51, had confessed publicly prior to trial and admitted during his testimony that he shot…

Jan 29, 2010 5:50 PM CST

Pregnant Pro Se Mom Argued Treatment Case from Hospital Bed & Lost; Will Lawyer Win Appeal?

Already the mother of two daughters, Samantha Burton had obtained prenatal care for her third pregnancy and voluntarily went to the hospital when she experienced symptoms she’d been told to look out for, in the hope of saving her baby, according to her lawyer. When the 29-year-old questioned the medical…

Jan 26, 2010 9:22 PM CST

Source Says Prosecutors Will Seek to Charge Doc in Michael Jackson Death

Citing an unidentified law enforcement source, the Associated Press reports that prosecutors will seek an involuntary manslaughter indictment of Michael Jackson’s doctor. The famous pop singer died at his home in Los Angeles last year at age 50, in what was determined to be a homicide caused by a lethal…

Jan 8, 2010 6:59 PM CST

Surgeon Indicted for Alleged Liver-Transplant Lie

A surgeon has been indicted by a federal grand jury in California for allegedly lying about the identity of a patient into whom a liver was transplanted in 2003 and directing his staff to submit falsified records. While in charge of the former liver-transplant program at St. Vincent Medical Center,…

Jan 7, 2010 9:04 PM CST

Is the Health Care Bill Unconstitutional?

Critics of the health care bill are raising concerns that Congress is overstepping its constitutional bounds in the far-reaching legislation. One naysayer is Florida Attorney General Bill McCollum, who says he will evaluate the constitutionality of the bill and the state’s legal options, United Press International reports. He says he…

Jan 5, 2010 2:58 PM CST

Surrogate Mom Unrelated to Twins Wins Ruling She Is Legal Parent

A surrogate who is not biologically the mother of the twin girls she bore for her brother and his male partner is nonetheless their legal parent, a New Jersey judge has ruled. In a custody dispute reminiscent of the so-called “Baby M” suit that dominated the headlines two decades ago…

Jan 5, 2010 1:21 AM CST

Riding the Wave

Health care reform legislation may repeal some antitrust exemptions for insurers

Jan 2, 2010 12:50 AM CST

Feds Arrest 30, Including Doctors, in 3-State Medicare Fraud Sweep

Federal authorities have reportedly begun rounding up 30 suspects, including doctors and nurses, in a three-state Medicare fraud sweep. Arrests are expected Brooklyn, N.Y., Detroit and the Miami-Dade area in Florida, reports the Miami Herald. South Florida is the epicenter of the problem nationally, which generally involves bribes paid for…

Dec 15, 2009 8:48 PM CST

Mandatory Gym Class for Obese College Students on Shaky Legal Ground?

Lincoln University in Pennsylvania instituted a policy in 2006 requiring students with a body mass index of over 30 to take a one-credit gym class to graduate. Now that members of the class of 2010 have their final semester in sight, the policy is attracting attention. Dean James DeBoy told…

Dec 3, 2009 7:53 PM CST

Juries Award $103M in Punitives in Two Prempro Cases

Philadelphia juries have awarded two breast-cancer victims $103 million in punitive damages in two separate cases against Pfizer Inc. involving the marketing of the hormone replacement drug Prempro. Jurors had heard testimony that Wyeth, the maker of Premarin and Prempro, paid consultants to write medical journal articles to play down…

Nov 24, 2009 4:44 PM CST

Jury Says Philip Morris Must Pay $300M to Longtime Smoker

A jury in South Florida says Philip Morris USA must pay $300 million, including $244 million in punitive damages, to a 25-year Benson & Hedges smoker who argued that the cigarette company committed fraud by concealing the dangers of smoking from her. Lawyers for Lucinda “Cindy” Naugle, who is a…

Nov 20, 2009 9:15 PM CST

Foley & Lardner IP Practice Gets Boost from $208M Gov’t Contract

A $208 million contract to provide intellectual property services to the National Institutes of Health for up to 10 years has been awarded to Foley & Lardner. The Milwaukee-based law firm, which has 240 attorneys in its IP practice, expects to begin work immediately on contested proceedings involving patents for…

Oct 28, 2009 10:36 PM CDT

Nevada Supremes Consider Pharmacy Liability for Painkiller Customer’s Accident

The Nevada Supreme Court is considering whether pharmacies can be held liable for a fatal car accident caused by a woman who bought almost 4,500 doses of prescription painkillers in one year, spurring a warning to the drug stores. The court heard oral arguments in March and is expected to…

Oct 28, 2009 1:38 PM CDT

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