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Med Mal News
The latest news of importance to you and your practice.
Features
Drug & Device News
The latest news in this important area.
Features
Revised PhRMA Code Provides a New Roadmap
Providing physicians with up-to-date, accurate information about the medicines they prescribe clearly improves patient care and advances health care in general. Nonetheless, the public health need for informed and educated HCPs may, at times, create tension with the pharmaceutical industry's perceived drive for profits.
Features
Are Juries Fair to Physicians?
Given how large the awards are when there is a verdict against a physician, many in the medical profession and their defense teams have come to believe that juries are random and unfair. The conventional wisdom seems to be that judge-made decisions are a safer bet for med-mal defendants. Is this true?
Fed Court Confirms It: Peer-Review Participants Are Immune
The Fifth Circuit decision in <i>Poliner v. Texas Health Systems</i> has put another damper on the hopes of unhappy peer-reviewed medical professionals who want to seek monetary damages for their real or perceived injuries. On the other hand, the decision has eased the minds of those who must step up to ensure the quality of medical care, even when it means taking away some or all of a colleague's privileges.
Practice Tip
Over the past decade, plaintiffs have stepped up their assaults on federal diversity jurisdiction in pharmaceutical and medical device litigation. Along with their efforts to chip away at the learned intermediary doctrine, plaintiffs increasingly are attempting to join local sales representatives fraudulently in order to defeat diversity.
Features
A Review of Recent Medical Monitoring
Courts have historically been divided over several key elements with respect to what a plaintiff must prove to support a claim for medical monitoring. In this article, we review recent decisions regarding medical monitoring and assess whether there has been any consensus among the courts as to whether an actual, present physical injury is required to support a medical monitoring claim and whether class certification is appropriate for medical monitoring claims.
Features
Resolving the Enigma of Law Firm Leadership
When a firm finds itself in the midst of a management crisis, the place to begin to search for the source of the problem is at the top of the management hierarchy. This may not be a popular notion or an easy task. The purpose is not to find fault. The point is that an organization does not simply evolve. It must be built in an orderly manner. The values that are important to a firm have to be defined and centrally organized. The responsibility for these goals must be keyed to an organizational factor, whether this is a committee or an individual.
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MOST POPULAR STORIES
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- Surveys in Patent Infringement Litigation: The Next FrontierMost experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.Read More ›
- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.Read More ›
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
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