Day on Torts

July 18, 2005

New Legislation Raises Issue of “Specialty Courts”

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 for the development, implementation and evaluation of alternatives to current tort litigation for resolving disputes over medical errors. Within that context, the bill specifically authorizes the creation of a special health care court. The hallmark of such a court would be full-time judges with health care expertise, whose sole focus would be on addressing medical malpractice cases.”

Here is a copy of the bill.

July 17, 2005

FDA Scientists Moonlight for Drug Companies?

by The Law Offices of John Day, P.C.

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 violated ethics rules on collaborating with pharmaceutical companies….”

Some of the scientists may have violated criminal laws.

July 16, 2005

RNC Talking Points on Rove

by The Law Offices of John Day, P.C.

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.

July 16, 2005

Duragesic Patch Warning

by The Law Offices of John Day, P.C.

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 other serious side effects from overdosing with fentanyl, according to the FDA.

These are the signs of an overdose: “trouble breathing or shallow breathing; tiredness, extreme sleepiness, or sedation; inability to think, talk, or walk normally; and feeling faint, dizzy, or confused. If these signs occur, patients or their caregivers should get medical attention right away.”

July 15, 2005

Health Care Costs

by The Law Offices of John Day, P.C.

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.

July 15, 2005

Vioxx Trial – Round 1 – A Review

by The Law Offices of John Day, P.C.

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 partner Gerry Lowry of Houston and partner David Kiernan of Washington, D.C.’s Williams & Connolly. They will be receiving assists from lawyers in Fulbright’s Houston and Dallas offices. Josephson and two other Baker Botts attorneys are also listed as counsel for Merck on court documents. And overseeing all Vioxx litigation on a national level is New York-based Hughes Hubbard & Reed.”

July 15, 2005

Merck Cost Lives by Bluffing on Vioxx Safety

by The Law Offices of John Day, P.C.

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, and click on “Listen” underneath the headline).

July 15, 2005

It is the Weekend

by The Law Offices of John Day, P.C.

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 starts in federal court on July 25 so I am here trying to juggle 2 kids, 2 of their friends, and our black lab, Doobie.

It remains to be seen what percentage of my already diminished sanity level I will have on Monday morning. If it rains I will be in rehab in Arizona by Sunday.

July 14, 2005

You Won’t Believe …

by The Law Offices of John Day, P.C.

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.

July 14, 2005

Motion to Rely Upon Requests for Admissions

by The Law Offices of John Day, P.C.

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. 1986) says that you need to bring the admission to the court’s attention through a special motion. Not much should be required to establish your opponent simply never responded, so this form motion should take care of it. Download file

Barbee needs to be overruled – the requirement that this type of motion be filed makes little sense. In the meantime, however, this motion should be of some help to you.