Medical Malpractice

• US Supreme Court will Decide Pharmaceutical Co.'s Lawsuit Protection

  Patricia Doherty | October 02, 2007 2:51 PM | 0 CommentsOrlando, FL

  The US Supreme Court announced it will decide a case regarding whether federal regulation of pharmaceutical companies preempts state law. The case the Court will decide arises from a products liaiblity lawsuit against Pfizer's Warner-Lamber unit involving its Rezulin diabetes drug. The FDA ordered Rezzulin off the market in March 2000 because it was linked to hundreds of deaths and cases of...

• Texas Man Sues After Implant of Stolen Bone

  Brooks Schuelke | October 02, 2007 9:50 AM | 0 CommentsAustin, TX

  In one of the more unusual medical malpractice cases you'll hear about, a North Texas man has filed suit against several companies alleging that a bone implanted in his neck was stolen from a corpse. James Livingston, 44, of Weatherford, does not seek a specific monetary amount in his suit filed in New York last month against Minneapolis-based Medtronic Inc. for fraud and negligence."How can...

• MedMal Cap Forces More Trials

  Ben Glass | October 02, 2007 5:10 AM | 0 CommentsNorthern Virginia, VA

  As we have pointed out before, Virginia is the only state in the country that caps total damages in a medical malpractice case. Most states that have enacted some form of tort reform have allowed an injured victim to recover all of their medical bills and lost wages (makes sense, doesn't it) but "capped" or limited recovery for such things as pain and suffering.No cap is a good cap but at least...

• Case Against Carnival Cruise Refused by Supreme Court

  Chrissie Cole | October 02, 2007 1:16 AM | 0 CommentsPinellas, FL

  A case to determine whether Carnival Corp. can be held responsible for the medical malpractice of its onboard physicians was refused by the U.S. Supreme Court.The case was based on a federal maritime precedent that says, "cruise lines are not liable for the actions of their doctors."The case involved a 14-year-old Michigan girl, who boarded the Carnival Ecstasy in March 1997 suffering from...

• Lawsuit Over Stolen Bone Implanted in Man's Neck

  Jenny Albano | October 02, 2007 1:04 AM | 0 CommentsNorth Dallas, TX

  A man from Texas found out the bone implanted in his neck to relieve neck pain was stolen from a corpse and now he is suing the medical technology company as well as some tissue processing businesses.James Livingston filed a suit against Medtronic Inc. for fraud and negligence and is also suing Tenn.-based Sofamor Danek Inc.; Knoxville, Tenn.-based Spinalgraft Technologies Inc.; Alachua,...

• Blacklisted Nurses Continue to Receive Certification

  Brooks Schuelke | October 01, 2007 11:26 AM | 0 CommentsAustin, TX

  In medical malpractice news, WOAI has reported that the Texas Department of Aging and Disability Services has continued to certify nurse aides even after the agency had previously blacklisted the nurses. The story reports:A newspaper investigation has found that nurse aides blacklisted by the state for complaints like abuse and stealing money from elderly patients continue to get certified work...

• FDA Takes Action against Unapproved Hydrocodone Product Marketing

  Courtney Mills | 2007-10-01T11:21:32 | 0 Comments

  Federal regulators took the extraordinary step of announcing enforcement action against companies marketing unapproved prescription drug products containing hydrocodone, a widely abused opioid used primarily in concert with analgesics and over-the-counter cough suppressants.The government has taken this action in the face of widespread popular abuse of hydrocodone formulations, as serious drug...

• Malpractice Cap Robs Another Victim

  Ben Glass | 2007-09-29T05:46:42 | 0 Comments

  The Supreme Court of Virginia recently decided King v. Cooley, a medical malpractice case. The decision turned on whether certain evidence should have been admitted. Overlooked so far is the fact that this case shows exactly how Virginia's medical malpractice cap punishes the most severely injured.Tamatha Cooley alleged that Dr. Bradford King of Surgical Associates of Fredericks burg was guilty...

• Medical Malpractice Is Rampant

  Ed Normand | 2007-09-28T13:27:21 | 0 Comments

  It is frightening to examine the number of injuries and death from medical malpractice. The Institute of Medicine, a highly respected source of medical science information, determined that preventable medical malpractice and negligence is the number eight highest cause of death in the U.S.. According to the study, medical malpractice is a factor in over 98,000 deaths each year in the...

• Report: FDA Fails To Monitor Clinical Trials

  Scott Barber | 2007-09-28T10:49:01 | 0 Comments

  A report by the inspector general of the Department of Health and Human Services, Daniel R. Levinson, assails the FDA for failing to ensure the health of patients in clinical trials. According to the report, the FDA could not accurately determine how many trials were being conducted, audited less than 1% of all testing sites and, when an audit found problems, supervisors downgraded the findings...