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  • Exclusion of Evidence: The FDA's 510(k) Process

    January 01, 2018 |

    In a drug or medical device injury case, one of the defense's most potent arguments is often that the product in question underwent FDA approval, so the balance of its safety and efficacy has already been determined. But when a device is approved for sale to the public through the FDA's 510(k) process, the rigorous safety and efficacy analysis required of new and unique medical devices has not been undertaken.

  • Physician Extenders or Liability Expanders?

    January 01, 2018 |

    For health care services to serve an influx of patients, so-called “physician extenders” now carry out functions previously performed by doctors. The aim of this article is to examine factors driving the growth in physician extenders, identify liability “hotspots” and offer tactics for health care providers to use in managing professional/medical liability risks.

  • Paralysis Cases: Helping Your Client Cover Future Costs

    January 01, 2018 |

    Part Two of a Two-Part Article

    Your paralyzed client currently has many problems to deal with, but the future holds many more. In order to advocate for your client, you need to gain an understanding of his or her current and future challenges, and work to maximize the resources your client will need to deal with them.

  • Maximizing Future Medical Damages in Paralysis Cases

    January 01, 2018 |

    When you take a catastrophic injury case involving paralysis, it is important to have a thorough understanding of the problems and pitfalls. In this article, the author explores, from personal experience, the different types of future expenses the client can expect to incur.

  • When Lack of Informed Consent Is Not the Issue

    December 01, 2017 |

    When an injury occurs, the first reaction of those in the medical office might be to ask, "Did the patient sign an informed consent form?" When the answer is "Yes," and the harm that occurred is listed as a possibility on that signed form, everyone can breathe a sigh of relief. Right? Not so fast.

  • Drug & Device News

    December 01, 2017 |

    The U.S. Court of Appeals for the Second Circuit has upheld the summary judgment dismissal of the multidistrict lawsuit (MDL) against the maker of the intrauterine birth control device Mirena after finding that none of the experts proffered by the nearly 1,300 plaintiffs were reliable.

  • Maximizing Future Medical Damages in Paralysis Cases

    December 01, 2017 |

    Part One of a Two-Part Article

    When you take a catastrophic injury case involving paralysis, it is important to have a thorough understanding of the problems and pitfalls. In this two-part article, I will explore, from personal experience, the different types of future expenses the client can expect to incur.

  • The Rise of the Travel Act

    December 01, 2017 |

    The DOJ continues to prioritize health care anti-fraud enforcement through the aggressive use of different statutes and investigative methods. Although the prosecutions and recoveries vary, between October 2016 and March 2017, "Strike Force" team efforts led to charges against 49 individuals or entities, 152 criminal actions, and more than $266.8 million in investigative receivables.

  • Verdicts

    November 02, 2017 |

    In an unpublished opinion, a two-judge panel of New Jersey's Appellate Division recently reinstated a medical malpractice case that had been dismissed for want of an expert.

  • Case Notes

    November 02, 2017 |

    The U.S. Supreme Court is deciding whether to consider the case of Southern Baptist Hospital of Florida v. Charles, which pits a plaintiff against a hospital in the ongoing battle over which documents are privileged as adverse event records for the improvement of quality of care, and which must be turned over to aggrieved patients and their families.