A bill has been introduced in Congress to fund pilot projects in several states to test the idea of special “health courts.” An article on the bill says that “[t]he bill would authorize the U.S. Secretary of Health and Human Services to award up to 10 demonstration grants to states…
Day on Torts
FDA Scientists Moonlight for Drug Companies?
In Tennessee, a product that complies with government standards is presumed not to be defective or unreasonably dangerous. So, you can understand why those of us who represent consumers injured by products are more than a little concerned by this news report. The NYT reports that “[f]orty-four government scientists have…
RNC Talking Points on Rove
Here are the talking points the RNC is distributing concerning the Rove controversy. Now you have another reason not to watch Fox News – you got its spin on the Rove story right here.
Duragesic Patch Warning
Lots of folks use Duragesic Patchs for pain control. Now, the FDA is warning that the patch presents a risk of death. Duragesic is the brand name of the generic product known as fentanyl. The directions for using the fentanyl skin patch must be followed exactly to prevent death or…
Health Care Costs
Interested in knowing some more info on health care costs? See Rebecca Blair’s post on our Medical Malpractice Blog. You won’t believe the difference between med mal settlements and judgments in the United States and Canada.
Vioxx Trial – Round 1 – A Review
Here is an interesting article about the first Vioxx case that has made it to trial. Look at the article’s description of the defense team: “Judging from its lawyers involved in Ernst, Merck should have its own gallery of litigation support. Leading the case as co-chairs are Fulbright & Jaworski…
Merck Cost Lives by Bluffing on Vioxx Safety
The more information trickles out about Merck’s knowledge of the risks of Vioxx, the worse the company looks. NPR has a great piece about Merck’s efforts to publish articles that downplayed the risk of heart attack and stroke due to Vioxx use. Listen to the story here (follow the link,…
It is the Weekend
Another long week …. I am at our cabin which is located about 80 miles south of Nashville. We are on Tim’s Ford Lake, a 10,000 acre, 34 mile long TVA lake created by the waters of the Elk River. My wife is preparing for a products liability trial that…
You Won’t Believe …
You won’t believe how many people died last year as a result of hospital acquired infections in Pennsylvania hospitals. Go to our Medical Malpractice Blog at www.medmalblog.com to find out.
Motion to Rely Upon Requests for Admissions
Requests for Admissions under Tenn. R. Civ. P. 36 must be responded to within 30 days. If your opponent fails to respond to a request for admission, technically the facts are deemed admitted. To rely on the admission, however, Tennessee Dept. of Human Servs. v. Barbee, 714 S.W.2d 263 (Tenn.…