Over-the-Border Drug Debate Heats to Boiling
<b><i>The State of the Re-Importation Debate</i></b> When Gov. Rod R. Blagojevich of Illinois announced in mid-September that his state was considering buying drugs from Canada for its employees and citizens, the debate over cross-border drug purchases via the Internet and by other means, got even hotter than it was before. The pharmaceutical industry is fighting a battle similar in scope to the music industry's Internet copyright infringement war, but because no suits have been brought against 80-year-old diabetics buying insulin from pharmacies in Montreal, national debate on the issue of the purchase of foreign drugs has gotten less press of late than the debate over music piracy.
If Your Client Uses a Physician Assistant, Make Sure There's a Written Protocol
Doctors are increasingly making use of physician assistants (PAs) in their practices. In order to avoid liability, it has become imperative that physicians who do use these assistants establish and follow consistent protocols. This is important not only for the efficient and orderly functioning of the office, but to ensure that government regulations are met and that the patients fully understand the role of these professionals. Patients must be told that PAs are available in the practice, but that they as patients have the right to choose examination and treatment by either the assistant or the physician. Only following these protocols can the medical practitioner ensure the orderly function of the office, the satisfaction of the patients, and some degree of protection from lawsuits engendered by a less-than-perfect medical outcome.
'Tort Hellhole' Moves to Curtail Access
Mississippi plaintiffs' lawyers, battered by a 2-year fight with medical and business lobbyists, are seeking ways to undermine new laws that limit civil litigants' access and recoveries in the state that has been dubbed a 'tort hellhole.' Meanwhile, the tort reform juggernaut is rumbling into other states.
Baycol: A Sudden Rush to Settle
In the last several weeks, Pittsburgh-based Bayer Corp. has been rapidly settling federal lawsuits and claims involving Baycol, the anti-cholesterol drug it pulled off the market in August 2001 after it was linked to 100 deaths worldwide, two Miami law firms say.
U.S. Seeking Share of Payout on Implants
Nine years and at least $1 billion ago, class-action plaintiffs settled their claims with makers of silicone breast implants. But one rather weighty party remains unhappy with the deal ' the United States government.
ONLINE: How to Research Human Organ Damage
If your product liability case involves damage to a specific organ, <i>eg,</i> heart damage allegedly caused by the use of fen-phen, professional organizations such as the American College of Cardiology (ACC) may offer some assistance. You can go to the association's Web site (www.acc.org) for information on a number of conditions.
CASE NOTES
Highlights of the latest intellectual property cases from around the country.
Daubert: 10 Years Later
<i>This is the first of a two-part article. Part two will appear next month.</i> Product liability practitioners must be intimately familiar with the strategy and tactics of challenging expert testimony under Rule 702, Fed. R. Evid., and the so-called <i>Daubert</i> trilogy of cases. Nearly 10 years ago, the United States Supreme Court, in <i>Daubert v. Merrill Dow Pharmaceuticals, Inc.</i>, 509 U.S. 579 (1993), vastly changed the road map for the admission of expert testimony. A body of case law has grown since that decision, providing numerous avenues to challenge admission of expert testimony. Because product liability cases usually rely on expert testimony, <i>Daubert</i> challenges are particularly important in them.
