Prostate cancer is a cancer that can often be treated if it is discovered in time. The reason this is so is because of the rate at which the prostate cancer grows (relatively slowly as compared to others). A failure to diagnose prostate cancer case is often built upon the failure to test for cancer regularly with a routine PSA test or for a failure to followup on symptoms that are appearing.
Herceptin improves Breast Cancer Survival
April 26, 2005Patients who received Herceptin and chemotherapy had a 52 percent
decrease in disease recurrence compared to those treated with
chemotherapy alone, according to the institute.
This is reported in mainstream news today. Genentech’s drug Herceptin was in a study and they cut the study short because of the increase in survival rate for certain breast cancer victims.
CNN Article Genentech Breast Cancer Breakthrough
MSNBC Article Drug Helps fight return of Breast Cancer
Labor Group Opposes Asbestos Bill
April 25, 2005The largest U.S. labor organization
said on Friday it opposed recently introduced legislation to
create a $140 billion asbestos fund because it failed to do
enough to compensate victims of the fibrous mineral.
The AFL-CIO labor federation said in a statement that the
bill introduced this week by a bipartisan group of senators
"fails to ensure victims just and timely compensation and would
leave tens of thousands of individuals with no remedy at all.
Source: Yahoo
5% of Doctors responsible for 50% of Malpractice Malpractice
April 19, 2005Just 5 percent of American doctors are responsible for half the
malpractice in the United States, according to a new analysis of
federal data by the consumer group Public Citizen.
"The medical community alleges that medical liability litigation
constitutes a giant ‘lottery,’ in which lawsuits bear no relationship
to the care given by a physician," said Public Citizen President Joan
Claybrook. "In reality, a small percentage of doctors are responsible
for the bulk of malpractice in the United States, and only better
oversight by state medical boards, not draconian limits on patients’
legal rights, can reduce the tens of thousands of deaths and injuries
they cause."
Kentucky fen-phen lawsuit over fees and extra money.
April 19, 2005Back on March 31, I posted about an article I found talking about a lawsuit over the 200 million dollar fenphen settlement in Kentucky. This link below is a related article on that lawsuit. This article covers the payments made to the directors of the charity fund set up with the left over money from the fen-phen settlement.
There was about 20 million left over and it was put in a fund that it to give out the money to charities. The judge allowed the people running the fund to pay themselves up to 30% of the disbursements each year. They have reportedly paid themselves about $60,000. A number of former fen-phen plaintiffs are upset and have sued.
Source: Courier-Journal.com
1.9 Million Verdict in Catholic Priest Abuse Case
April 14, 2005A California jury returned a 1.9 million dollar verdict against the Oakland Diocese for two brothers.
We had taken on a number of priest abuse cases in the past. While we are not taking any more clients on, we do watch these kind of developments for our current clients.
Source: Reuters at Yahoo
Breast Cancer Treatment
April 14, 2005I’ve spoken about misdiagnosis of cancer before and today I ran across this story concerning a development in breast cancer treatment. It targets the gene that allows the breast cancer cells to replicate.
France Developing Class Action laws
April 12, 2005I thought this was interesting given that the United States is moving in the opposite direction having just passed legislation limiting class action lawsuits and transferring most of them to Federal Court. In France the government is looking to improve consumer protection by passing class action legislation.
This recognizes that class actions have a place in protecting consumers from the power that corporations have.
Source: Bloomberg
3.85 Million in Medical Malpractice Verdict
April 11, 2005This case was about a child who dies shortly after birth. The claim was that the brain injury was due to manipulation of the baby while still in the uterus. A couple of comments I want to make about the article.
First, the defense said what they always do after a verdict goes against them. I mentioned this earlier in another Blog I write covering NH Law
Anytime you see an award from a jury, the first words out of the
defense spokesman’s mouth are something to effect of…"We are
disappointed with the decision of the jury we will certainly appeal
this result. Yadda Yadda." That’s what they have to say. Sometimes
they will actually appeal and other times they say this and then go
talk with the plaintiff’s lawyers and see if they can settle. (My words)
Second, in this article the defense supposedly claims that the child’s injuries (bleeding in the brain) were caused by the child being born so early at 35 weeks. 35 weeks is certainly not 40 weeks which is what everyone considers full term, BUT it not that early. I personally would expect to see a higher risk of a brain bleed in real premature babies, but 35 weeks is not what I would consider premature.
Now keep in mind that a lot goes in to reviewing and pursuing a case and I have not seen any of it in this matter. In general when you review a birth injury malpractice case you have to look at reams and reams of medical records and them have all those records reviewed by experts who then will be willing to testify. In order for this medical negligence case to have reached a 3.8 million dollar verdict, the plaintiff’s attorney must have had experts stating that the bleed was not from the age of the baby, but because of the efforts the doctor made to move the baby around while still inside the uterus.
Source: Tuscaloosa News
Here’s a Nationwide Malpractice “reform” overview
April 5, 2005I read this in an email this afternoon. This is a pretty comprehensive review of all the pending malpractice bills in the state legislatures. This is quite an impressive list.
It can be found at the National Conference for State Legislatures
If you thought for a moment that the insurance industry was not coming after this issue, then just look at the numbers. Just the fact that this type of bill is being considered in 39 different states should tell you. See if your state is listed.
Posted by Dave Austin 