Health Law

Merck Agrees to $650M Settlement in Medicaid Health Care Fraud Case

Without admitting liability, Merck & Co. has agreed to pay a total of more than $650 million to plaintiffs including the federal government, 49 states and the District of Columbia, to settle allegations that the pharmaceutical company engaged in health care fraud by violating Medicaid rules. The settlement, according to…

Feb 7, 2008 9:30 PM CST

Informed Consent Forms Now Written for Patients, Not Lawyers

Once considered an “administrative nuisance” by many practitioners, informed consent has become a hot trend in modern medicine. Informed consent forms detailing the risks, benefits and agreements made prior to nonemergency treatment are now being written in clear, comprehensible English, rather than legalese, at medical facilities at the forefront of…

Feb 6, 2008 8:44 PM CST

Bringing Body Worlds to Your Living Room ... Legally

A German anatomist whose partially dissected, sliced collection of preserved human corpses has been seen by millions throughout Europe and the United States in controversial “Body Worlds” museum exhibits now plans to expand his market. Gunther von Hagens expects to sell portions of the bodies of humans—and pets—for home display,…

Feb 5, 2008 4:32 PM CST

Oregon’s High Court Re-Reaffirms $79M Philip Morris Verdict

For the third time, Oregon’s high court has upheld a $79.5 million punitive-damages verdict against Philip Morris after the case was twice kicked back to them from the U.S. Supreme Court. Central to arguments in the case are jury instructions. The Oregon court has ruled that jury instructions proposed by…

Jan 31, 2008 10:12 PM CST

Eli Lilly Considers $1B Zyprexa Settlement

Eli Lilly is discussing a possible $1 billion settlement of criminal and civil investigations into the company’s marketing of the anti-psychotic drug Zyprexa. The $1 billion fine, which would be paid to state and federal governments, would be the largest ever paid by a drug company for improper marketing practices,…

Jan 31, 2008 1:26 PM CST

Pediatric Group Releases Mercury-Autism Study, Condemns New Lawyer Drama

A pediatric journal has released details of a vaccine study earlier than usual to counter possible negative publicity from a new ABC television pilot set to air Thursday in which a lawyer argues that a flu vaccine caused a child’s autism. The study in the February issue of the journal…

Jan 31, 2008 12:15 AM CST

Wash. Supervision Evaluated After Man Deemed ‘Dangerous’ is Accused of Murder

Seattle-area prosecutors are looking into why a man, already labeled by the courts and mental health authorities as “dangerous,” was free at the time he is accused of following a woman then stabbing her to death. James Anthony Williams was release from prison two years ago and had been repeatedly…

Jan 30, 2008 6:34 PM CST

Fosamax Cases Build Against Merck

Merck & Co. is facing an increasing number of lawsuits over its osteoporosis drug Fosamax, even as it has announced a possible $4.85 billion settlement of claims related to its painkiller Vioxx. The roughly 340 Fosamax suits filed as of Sept. 30 claim the drug can cause a bone-wasting condition…

Jan 30, 2008 5:04 PM CST

Law Prof Named Prison Healthcare Czar in Calif.

A federal judge abruptly fired California’s prison healthcare czar last week and appointed a law professor, known for his ability to turn around troubled government agencies, to take his place. U.S. District Judge Thelton Henderson of San Francisco dismissed Robert Sillen, whom he’d appointed to run the state’s troubled prison…

Jan 28, 2008 5:14 PM CST

Negative Vytorin Study Prompts Lawsuits

Reports that Vytorin is no more effective than generic drugs in battling cholesterol have already generated lawsuits. The suits claim drug makers Merck & Co. Inc. and Schering-Plough Corp. delayed release of the negative study while touting the drug’s benefits, the National Law Journal reports. Lawyer Steve Berman of Seattle…

Jan 28, 2008 12:28 PM CST

Vioxx Settlement Amended to Allow Attorney Advice to Clients

Attorneys overseeing a proposed $4.85 billion settlement with Merck & Co. over its withdrawn Vioxx drug have reportedly amended a controversial provision that could have required some plaintiffs’ lawyers to advise all or none of their clients to take the deal. Initially, some attorneys expressed concern about language barring lawyers…

Jan 18, 2008 11:12 PM CST

Citizen-Launched Kan. Grand Juries Pursue Abortion & Porn Cases

An almost-forgotten law in Kansas that allows citizens to convene grand juries reportedly has become a tool for local conservatives to use to force prosecutors to pursue abortion and pornography cases. A citizen petition drive, for instance, impaneled a grand jury earlier this month to investigate Dr. George Tiller, who…

Jan 18, 2008 6:29 PM CST

Homeless Man Sues Calif. Hospital Over Patient Dumping

A paraplegic man has filed a tort claim against a Southern California hospital, seeking damages for being dumped, without a wheelchair, on a local skid row in a condition in which he allegedly could not care properly for himself. The February incident, which was recorded on a nearby video camera…

Jan 17, 2008 7:42 PM CST

Court Turns Down Drug Access Case

The U.S. Supreme Court has declined to hear a case that asserts terminally ill patients have a constitutional right to experimental drugs, SCOTUSblog reports. The U.S. Court of Appeals for the D.C. Circuit had found there was no right of access in an en banc August opinion. The plaintiffs had…

Jan 14, 2008 3:41 PM CST

Tort Reformers Blast Trial Lawyers’ Websites

A national tort reform group is highlighting a recent study by a medical think tank that criticizes Internet sites created by trial attorneys, contending that they are a significant source of inaccurate medical information, and they are calling for increased regulation of the websites. A newly issued report (PDF) by…

Jan 10, 2008 8:43 PM CST