Health Law

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

Jury Awards Punitives in Hormone Case Against Wyeth, But Amount Is Sealed

A Philadelphia jury awarded punitive damages yesterday in Connie Barton’s case over the Prempro hormone replacement therapy marketed by Wyeth. But the amount of the award won’t be known for at least a month, because a judge in the Pennsylvania Common Pleas Court case agreed that the amount would be…

Oct 27, 2009 6:31 PM CDT

Woman Can’t Take Her Pet Monkey to Restaurants, Federal Judge Rules

A Missouri woman has lost her legal bid to have her monkey, Richard, accompany her to restaurants and other business establishments. Richard is a pet, not a service animal to the disabled, U.S. District Judge Richard Dorr ruled Wednesday, and his owner, Debby Rose, is not disabled under the Americans…

Oct 23, 2009 11:41 PM CDT

$9M Verdict for ED Treatment Gone Bad

A Georgia man who claimed the treatment he receive for erectile dysfunction left him permanently scarred has been awarded more than $9 million in damages. John Henry Howard received the treatment from the Boston Men’s Health Center, operating clinics as the Boston Medical Group, the Atlanta Journal-Constitution reports. Howard injected…

Oct 7, 2009 12:01 PM CDT

Court to Decide Extent of Liability for Immigrant’s Delayed Cancer Treatment

The U.S. Supreme Court has agreed to take up the case of Francisco Castaneda, a Salvadoran immigrant who died in custody after the U.S. government delayed treatment for what turned out to be penile cancer. The U.S. Supreme Court agreed to hear the case on Wednesday, the Associated Press reports.…

Oct 1, 2009 3:17 PM CDT

Family Files Claim Over Child’s Death from ‘Inappropriate’ Dental Patch

The family of an autistic teen who died in his sleep of ketamine and Fentanyl intoxication after his mother applied a topical painkiller patch prescribed after dental work has filed a court claim against the hospital, doctor and resident involved. Attorney Chris Davis, who represents the family, says an “egregious”…

Sep 30, 2009 6:31 PM CDT

Medical Students Say Too Much Online About Patients and Themselves

Attention health care and tort lawyers: Evidence in your next medical malpractice case may be just an Internet surfing session away. Even though patient confidentiality rules apply, medical students are posting inappropriate comments on social networking sites such as Facebook and Twitter. Some also make discriminatory comments and document sexual…

Sep 24, 2009 10:44 PM CDT

Would the Supreme Court Strike Down Mandatory Health Insurance?

Would the U.S. Supreme Court uphold a mandatory health insurance plan? The issue is being debated on blogs and in op-eds, with some big differences of opinion emerging. A proposal to require health insurance for every American is “profoundly unconstitutional,” according to a Wall Street Journal opinion column by two…

Sep 24, 2009 5:59 PM CDT