The Doctors Company’s Dubious Medical Malpractice Statistics

This morning, MedPage Today — which should know better — began their “Morning Break” with this description and link: An analysis of closed claim data from The Doctors Company suggests that physicians spend about 10% of their professional life dealing with malpractice claims, but most of those claims are closed with no money paid to the plaintiff. Goodness! That sounds incredible. Turns out, it is incredible. In fact, it’s false. The linked post by “The Doctors Company” at The Doctor Weighs In says: The average physician spends over 10 percent of his or her career consumed in defense of an ... Continue Reading

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The Lawyer Who Was Too Smart And Honest For Politics

[Update: The Hamilton County Democratic Party executive committee wisely voted against censuring Ben Lindy. Apparently Lindy was asked, "Why did the story end up in the Washington Post?" That's easy: the best way to 'go viral' is to do something really stupid.]   Ben Lindy is the kind of person we all hope goes into politics: he grew up in Cincinnati, went straight from Cincinnati public school to Yale, then taught through Teach for America, then worked in the DC Public Schools system, then went to Yale Law, and then returned to Ohio to establish Teach for America’s office in Cincinnati. Now he’s ... Continue Reading

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Bill Cosby’s Non-Prosecution Agreement Is Unenforceable

[Update, January 20, 2016: The Montgomery County District Attorney's Office filed its response, laying out how Cosby's claimed "non-prosecution agreement" is really a grant of immunity, which is only available by a specific statutory process that was not even arguably followed here. Intriguingly, they also include correspondence between the prior District Attorney (Risa Vetri Ferman) and Bruce Castor, in which Ferman bluntly said she had never heard of this agreement and asked Castor to provide every document he had reflecting the agreement. Castor pointed only to that same press release which says nothing about immunity.] [Update, January 28, 2016: Billy ... Continue Reading

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The FDA Is Doing Too Little, Too Late About Transvaginal Mesh

I’ve written about transvaginal mesh so many times I feel like a broken record. But it’s still an issue affecting tens of thousands of families and will continue to be an issue as long as that infernal implant keeps being sold and the manufacturers keep refusing to do right by the families that have already been hurt by them.   Yesterday, the FDA announced:   The U.S. Food and Drug Administration today issued two final orders to manufacturers and the public to strengthen the data requirements for surgical mesh to repair pelvic organ prolapse (POP) transvaginally, or through the vagina. ... Continue Reading

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Could Jeremy Carter’s Death Have Been Prevented?

Earlier this week, Jeremy Carter, the grandson of Jimmy Carter, died at 28 years old from an apparent heart attack. As his brother Josh wrote in a heartbreaking blog post,   He had a whole battery of tests just a couple months ago. He couldn’t eat well and his legs ached. He had nearly every doctor at Emory look at him. They ended up prescribing him Vitamin A and Vitamin D. After all that. He got the full work over and really just needed vitamins. If a 28 year old heart is going to go out, shouldn’t they have found ... Continue Reading

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Why Drug Companies Want The FDA To Stop Asking For Clinical Trials

Big Pharma is trying to ram two sweeping overhauls through Congress, the “21st Century Cures Act” and the “Reciprocity Ensures Streamlined Use of Lifesaving Treatments Act.” (The latter is so obnoxiously named that it is typically referred to as the Cruz-Lee proposal.) Both of these bills include good provisions, like increasing funding for the National Institutes of Health and allowing the Food and Drug Administration more flexibility to review drug approvals in other countries. However, the bills also include truly terrible provisions, like instructing the FDA to abandon the use of clinical trials and giving Congress the power to approve ... Continue Reading

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The Ethical and Legal Dilemmas of Self-Driving Cars

Back in 2011, I wrote about how tort liability would apply to self-driving cars. As I wrote then, it made the most sense to go right back to the case that first adopted the “crashworthiness doctrine,” Larsen v. General Motors Corporation, 391 F.2d 495 (8th Cir. 1968), which held “We perceive of no sound reason, either in logic or experience, nor any command in precedent, why the manufacturer should not be held to a reasonable duty of care in the design of its vehicle consonant with the state of the art to minimize the effect of accidents. The manufacturers are ... Continue Reading

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All About Objecting To The Form Of A Question At A Deposition

I’ve written several times before about deposition misconduct, such as in the posts “Be A Potted Plant: Sanctions For Deposition Coaching and Witness Conferences” and “Can A Lawyer Interrupt A Deposition For A “Conference” With A Witness?” Today’s post is about the venerable “objection to the form,” and the extent to which a lawyer is allowed or required to elaborate on the nature of their “form” objection. As I argue below, the weight of the precedent suggests that a lawyer raising a form objections should say nothing more than "object to the form” unless the lawyer taking the deposition asks ... Continue Reading

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Should There Be A Researchers’ Privilege For Junk Science?

Over at Drug and Device Law, Jim Beck highlights a new law review article, “Researchers’ Privilege: Full Disclosure,” published by Dr. Frank Woodside, described by the article as “of counsel to the law firm of Dinsmore & Shohl and [ ] a nationally known trial lawyer representing manufacturers of pharmaceutical and medical devices, chemicals, and flavorings, as well as producers of consumer products.”   Woodside argues:   Sometimes the authors of published studies or counsel relying on these researchers’ work have attempted to place barriers in the way of academicians or counsel who wish to challenge the validity of the ... Continue Reading

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The Lucrative Mass Torts Scam That Wasn’t

The lawsuit brought by financier Amir Shenaq against mass-torts law firm AkinMears has made the rounds of the tort reform blogs (e.g., SETexas Record, Daniel Fisher at Forbes, and Paul Barrett at Bloomberg), so I figured some plaintiff-side commentary was in order. The details of the lawsuit confirm what I’ve been saying for years: “Mass torts is not an area in which you want to dabble and start throwing around discounts. It’s work, it’s risky, and it can be very, very expensive.”   In essence, a former hedge fund executive filed suit against the law firm claiming that he was ... Continue Reading

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