In 2003, Arizona requested a waiver from the Secretary of Health and Human Services (“the Secretary”) to expand its mandatory Medicare co-payments for (1) childless, nondisabled adults who earn up to 100% of the federal poverty level and (2) former recipients of state health care benefits in order to lower health care costs and close [...]
Archive for the ‘Health Law’ Category
Ninth Circuit finds that government failed to properly consider the potential impact an increase in Medicare co-payments would have on economically vulnerable Arizonans.
Posted in Constitutional Law, Health Law, tagged Medicare on August 24, 2011 | Leave a Comment »
Tenth Circuit refuses to lower sentence for scrub tech convicted of stealing pain medication from patients and infecting them with Hepatitis C.
Posted in Criminal Law, Health Law, tagged sentencing on February 25, 2011 | 1 Comment »
Kristen Parker tested positive for hepatitis on her first day of work in 2008 as a "scrub tech" for Rose Medical Center in Denver, Colorado. She noted she probably contracted the disease by sharing heroin needles, a practice that developed with a prescription for painkillers after jaw surgery in 2001. While Parker worked at the [...]
Ninth Circuit joins other circuits in holding that Levine applies to generic drug manufacturers.
Posted in Consumer Protection, Health Law, Medical Malpractice, tagged failure to warn, FDA, Wyeth v. Levine on January 25, 2011 | Leave a Comment »
After A.G., a minor, had two benign moles removed in 2004, his doctor gave him a prescription for ibuprofen. His parents, the Gaetas, bought an over-the-counter generic ibuprofen manufactured by Perrigo Pharmaceuticals (“Perrigo”). Later, A.G. developed a high fever and had to be rushed to the hospital and treated for liver failure. A.G. needed a [...]
Second Circuit allows claim for obesity discrimination under the New York City Human Rights Law.
Posted in Civil Rights, Disability Law, Health Law, tagged Americans with Disabilities Act, obesity discrimination on May 12, 2010 | 2 Comments »
Elliot Spiegel sued Daniel “Tiger” Schulmann and UAK Management Co., claiming his weight got him fired as a karate instructor at the Tiger Schulmann Karate School in Stamford, Connecticut. Spiegel stated he has a medical condition called hypogonadism that prevents him from losing weight. He alleged invasion of privacy (based on Spiegel’s photos in a [...]
New York judge critical of state’s “attempt” to provide integrated housing for individuals with mental illness living in New York City.
Posted in Disability Law, Health Law, tagged Americans with Disabilities Act, Rehabilitation Act on March 2, 2010 | Leave a Comment »
In 2003, Disability Advocates, a nonprofit legal group, sued New York Governor David Patterson, the state’s Department of Health and Mental Health, and other defendants “on behalf of individuals with mental illness residing in, or at risk of entry into, ‘impacted adult homes’ in New York City.” The complaint alleged that adult homes are for-profit, [...]
Illinois Supreme Court strikes down cap of medical malpractice awards as a violation of separation of powers.
Posted in Constitutional Law, Health Law, Medical Malpractice, Torts, tagged Medical Malpractice, pain and suffering, separation of powers on February 5, 2010 | 5 Comments »
In 2005, Illinois adopted a law that limited jury awards for pain and suffering to $500,000 against doctors and $1 million against hospitals. Illinois medical and business industries supported the cap, claiming jury awards against medical providers had led to astronomical malpractice insurance rates, which in turn, had driven doctors out of the state. Trial [...]
Routinely scheduled appointments for high-risk individuals do not trigger EMTALA coverage.
Posted in Health Law, tagged EMTALA on September 7, 2009 | Leave a Comment »
Honey Torretti, a diabetic women residing in Pennsylvania, complained of pain and discomfort during a routine pregnancy checkup with her doctor, who sent her to a hospital for additional monitoring of her high-risk pregnancy. There, Torretti gave birth to her second child via emergency caesarean section. She later sued Main Line Hospitals and several doctors [...]
Arkansas Court of Appeals holds that patient must present to hospital for anti-dumping protection to apply.
Posted in Health Law, Practice & Procedure on March 19, 2009 | 2 Comments »
Thompson v. Sparks Regional Medical Center, No. CA 08-1050. Plaintiff suffered severe injuries to her foot during a motorcycle accident. She was taken to St. Edward Mercy Medical Center (“St. Edward”), which did not have plastic surgeon on call to assist in the repair of her foot. Plaintiff’s emergency room physician contacted the on-call plastic [...]
Eighth Circuit explains that after imported egg products have entered the country, they are a "domestic article" subject to the Egg Products Inspection Act.
Posted in Health Law on December 29, 2008 | Leave a Comment »
United States v. Creative Compounds, LLC., No. 07-3671 Creative Compounds imported 8,800 pounds of powdered egg whites from Peru. Initially, Creative Compounds intended the powdered egg whites, a protein ingredient, to be for human consumption in nutritional products. The price for powdered egg whites in the United States had risen, and Creative Compounds sought a [...]
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Recent Posts
- Seventh Circuit holds that indigent plaintiff’s lawsuit should not have been dismissed solely because he was unable to pay a court-imposed sanction.
- Ninth Circuit finds that government failed to properly consider the potential impact an increase in Medicare co-payments would have on economically vulnerable Arizonans.
- Fifth Circuit holds that a school district can be held liable for allowing an unauthorized stranger to remove and then sexually abuse a student.
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