Alcoa – Fair Labor Standards Act
On September 15, 2010, the United States District Court for the Northern District of New York granted conditional certification in a Fair Labor Standards Act action brought by Locks Law Firm against Alcoa, Inc. on behalf of certain present and former employees of Alcoas Massena West plant in Massena, New York. The Court also appointed […]
Harvard Medical School Says No to Big Pharma and Device Manufacturer Money
Further to my June 24 blog and as reported in the The Boston Globe, Harvard Medical School has joined the ranks of medical educational facilities that have enacted new, tough conflict-of interest rules affecting the payment of educators and others by Big Pharma and Medical Device manufacturers.
Doctors Debate Role of Industry Money In Funding Physician Education
Lawyers who bring claims for persons hurt by defective medical devices and drugs have long known that both industries provide significant funds—to the tune of 1.2 billion dollars—to finance continuing legal education for doctors. We also know that pharmaceutical and medical device companies sponsor educational programs for doctors that highlight their products with paid though […]
New Jersey residents can sue foreign companies in state court, high court rules
Partners Jonathan Miller and Michael Galpern were recently interviewed by Trial magazine of the American Association for Justice for their role in the recent Nicastro v. McIntyre Machinery victory. The full text of the article is found below: March 4, 2010 New Jersey residents can sue foreign companies in state court, high court rules Carmel […]
Hospital Acquired Infections Cost Lives and Money
Patients in hospitals expect to be competently treated for their medical problems. They expect their broken bones to be mended, their surgeries to be successful, their infections and diseases cured. Parents expect that their children will be made well, and families expect their loved ones pain to be ameliorated. The last thing patients expect is […]
NJ Supreme Court Victory – Stream of Commerce Theory for Personal Jurisdiction
Today, the New Jersey Supreme Court recognized the reality of the globalization of commerce and gave protection to New Jersey residents from injuries caused by products manufactured by foreign manufacturers. In NiCastro v. McIntyre, the Court held that a foreign manufacturer who manufactures a machine that injures a New Jersey resident will be subject to […]
Under Obama Administration, FDA Broadens Consumer Protections
Readers of beauty magazines are familiar with the articles and advertisements that feature physicians touting the magical results that come from using various products to correct conditions ranging from cellulite to droopy underarm skin, from yellow teeth to wrinkles. In response to escalating complaints from consumers, the FDA has launched a new effort to rein […]
Shoulder Pain Pump Litigation Update
Last week a state court jury ruled on the first trial of a shoulder pain pump case anywhere in the country. The jury found in favor of the injured victim, a 38 year old man, in the amount of $5.5 million. The case was Beale v. I-Flow. Mr. Beale suffered from a condition called chondrolysis […]
Big Pharma Enters the Movie Business
Those of us who litigate prescription drug cases have always known that the advertizing done by drug companies borders on the fictional, especially in light of the limited oversight that the resource strapped FDA can muster. But now Glaxo, the maker of the over-the-counter fat-blocking drug Alli, has entered into negotiations with the non-profit group […]
FDA Announces New Effort to Seek Higher Test Data on Medical Devices
The New York Times reports today that the FDA, in a long overdue move, will require stricter test data from the manufacturers of medical devices used in humans. The Agency has long been under fire from Consumer groups and members of Congress who cite increasing problems in recent years with such devices as heart defibrillators, […]
Public Database and New Method Proposed to Enhance Drug Safety for Consumers
In a recent study published Monday in the Archives of Internal Medicine several authors propose a new way of monitoring drugs that could increase the margin of safety for consumers. Utilizing internal documents from the Vioxx litigation, Dr. Joseph S. Ross of the Mt. Sinai School of Medicine in New York and others set out […]
Separating Medical Malpractice Reform Myth from Health Care Debate
As thousands of Americans descended on the National Mall this past Saturday to protest President Barack Obamas health care agenda, the rallying cry for tort reform was again a popular theme. Who can forget the so-called medical malpractice crisis in New Jersey back in 2004, when hundreds of doctors in their white coats picketed outside […]