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Studies show doctors’ free samples to patients may not be such a bargain

January 14, 2009

Change is sweeping the land, and it seems no one, not even the mighty pharmaceutical industry, is immune. Big pharma last week declared it will forthwith ban the long-entrenched practice of deluging physicians with office supplies, coffee mugs, golf balls, clothing and other treats bearing logos and brand names.

 

Sensitive to charges that their largesse to the medical professional has become unseemly, even unethical in some areas, and can inappropriately affect doctors’ treatment decisions, the Pharmaceutical Research and Manufacturers of America, the industry’s major lobbying arm, has announced new regulations banning such “reminder gifts.” Compliance is voluntary at this point.

 

Also, drug behemoths Eli Lilly and Merck have announced plans to create a public database later this year, listing their financial relationships with physicians and any payments over $500 for speaking engagements and consulting services.

 

Read Article: Houston Chronicle

 

Posted By: Phoenix DUI Attorney

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Spurred by tanking economy, workplace class actions likely to stay hot in 2009

Class action workplace litigation was hot in 2008 — fueled in part by the floundering economy — and it’s not showing any signs of slowing down in 2009.

 

That’s the conclusion of a report issued by Chicago-based Seyfarth Shaw, which focuses on complex employment defense work. The firm analyzed 2008 class action and collective action workplace filings, rulings and settlements in state and federal courts.

 

The report looked at lawsuits filed under the Fair Labor Standards Act, the Employee Retirement Income Securities Act (ERISA) and the Age Discrimination in Employment Act, among others.

While the recent economic downturn had an impact on workplace litigation toward the end of the year, that impact is likely to be far more significant in 2009, said Gerald Maatman Jr., the Seyfarth Shaw partner who oversaw the report.

Read Article: Law.com

 

Posted By: Phoenix DUI Attorney

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Calif. Lawmakers Rush to Rescue Good Samaritans in Wake of Court Ruling

Lawmakers are rushing to introduce legislation that would offer greater legal protections to Good Samaritans in light of a recent California Supreme Court decision.

 

Legislators from both parties have introduced three bills to address Van Horn v. Watson, 08 C.D.O.S. 15199, which held that a state statute only shields rescuers from liability if they provide medical care in an emergency situation. The ruling puts at risk aid-givers who inadvertently hurt victims while removing them from a burning building or other potentially dangerous scenarios.

 

“It’s ludicrous to suggest, just by way of example, that if I dive into a swimming pool to rescue someone and I break their arm dragging them out I’m liable for their injuries, but if I break their ribs while giving them CPR, I’m OK,” said Assemblyman Anthony Adams, R-Hesperia. Adams has authored a bill that would extend the same legal protection to any Good Samaritan offering “medical or non-medical” emergency care.

 

Read Article: Law.com

 

Posted By: Phoenix DUI Attorney

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Calif. Court Revives Secondhand Smoke Case Against Apartment Complex

An asthmatic 7-year-old girl’s public nuisance suit against her family’s apartment complex over secondhand smoke in outdoor common areas has been given the go-ahead.

On Monday, Los Angeles’ 2nd District Court of Appeal ruled that Melinda Birke not only had standing to file suit as a tenant, but also raised serious allegations warranting further hearings.

 

“Whether or not her claims can survive a properly supported summary judgment motion, let alone prevail following a trial,” Justice Fred Woods wrote, “this court believes Melinda Birke has pleaded a cause of action … sufficient to withstand a demurrer.”

The girl’s father, Woodland Hills, Calif., civil litigator Johnny Birke, said Tuesday he believes the ruling sets a national precedent.

 

“This is the first time,” he said, “that a court anywhere in the country — and I can say that with some certainty because we did the research — has ruled that outdoor secondhand smoke can constitute a public and private nuisance.”

 

Read Article: Law.com

 

Posted By: Phoenix DUI Attorney

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Hospital lawsuit settlement may help tens of thousands of uninsured patients

In a move with far-reaching effects on people without health insurance, two large Illinois hospital systems have agreed to settle lawsuits alleging they overcharged tens of thousands of uninsured patients and provided inadequate financial assistance.

As part of the agreements, Resurrection Health Care and Advocate Health Care are offering to recalculate patients’ bills and give refunds to needy patients eligible for free or discounted medical care.

Resurrection also will extend a discount of 25 percent to anyone who is uninsured, regardless of income—a move thought to be unprecedented in Illinois.

Resurrection owns eight hospitals in the Chicago area and is the state’s largest chain of Catholic medical centers. A Cook County circuit judge approved its settlement Monday.

 

Read Article: Chicago Tribune

 

Posted By: Phoenix DUI Attorney

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