Blog

August 30th, 2012


Civil Asset Forfeiture Abuse: To Seize and Procure


Last April U.S. District Court Judge Lynn Hughes ordered that Homeland Security agents return the more than $35,000 collected through civil asset forfeiture laws from a Houston family. The family was traveling to Ethiopia, where the economy runs largely on cash, and had approximately $15,000 in cash and an additional $20,000 in travelers’ checks. It […]

August 27th, 2012


Supreme Court Ruling in Missouri Restores Constitutional Rights


On July 31, 2012, the Supreme Court of Missouri overruled its own precedent set by Adams v. Children’s Hospital, rejecting a statute limiting the award of non-economic damages to plaintiffs, resulting in a victory for the family of a child born with severe brain damage due to medical negligence in Watts v. Lester E. Cox […]

August 23rd, 2012


New Building Project in Downtown Tucson on Track to be First to Benefit from Tax Program Incentive


A high-rise residential and commercial project in downtown Tucson called One East Broadway is in the process of becoming the first proposed new downtown development to qualify for the new Government Property Lease Excise Tax. It already is the first planned building to complete the first of the three steps needed for qualification, and city […]

August 22nd, 2012


Is “Fracking” Dangerous?


The process of hydraulic fracturing, or “fracking,” as it is commonly called, is becoming an increasingly controversial issue. The process involves injecting chemically treated water into wells at high pressure to fracture shale and release trapped gas or oil. Between one and nine million gallons of water can be used per well, and many health […]

August 21st, 2012


Medical Liability: Any Room for Facts?


The House of Representatives has (again) passed a bill to cap non-economic and punitive damages nationwide at $250,000. The euphemistically entitled “Protecting Access to Healthcare Act” will likely fail (again) in the Senate. Like many issues that become politicized, medical liability is shrouded in misinformation. Medical mistakes are not uncommon, and the vast majority do […]

August 20th, 2012


New legislation in Massachusetts aims to improve patient rights and safety


Governor Deval Patrick recently signed new legislation in Massachusetts aimed at reducing healthcare costs and improving medical malpractice processes by focusing on patient safety. Proponents of the legislation hope it will help to reduce unnecessary lawsuits, use of “defensive medicines” rather than evidence-based medicine, and underreporting of medical errors. It has gained considerable support from […]

August 17th, 2012


Suit claims companies failed to perform adequate testing of harmful pelvic mesh product


Connie C. Pinkerton of Ohio has filed a product liability complaint against Pennsylvania-based Endo Pharmaceuticals and Minnesota-based American Medical Systems. Her attorney, James D. Barger, filed the civil action August 6, 2012. Pinkerton, after having had the Elevate Prolapse Repair System implanted in her body during a surgery, has since experienced physical and mental pain […]

August 16th, 2012


Are there shortcuts to FDA approval for medical devices?


The Food and Drug Administration Safety and Innovation Act (FDASIA) was signed into law on July 9, 2012. It includes the Medical Device User Fee Amendments of 2012 (MDUFA III), which increase user fees in exchange for speeding up the approval process. For some, this hastening of the approval process raises concerns, particularly for those […]

August 15th, 2012


New sentencing hearing for 2007 University of Arizona dorm stabbing


A new sentencing hearing has been ordered for Galareka Harrison, who was sentenced to natural life in prison after stabbing her University of Arizona dorm mate to death in September of 2007. Now-retired Judge Nanette Warner, who gave the sentence, said she would have given Harrison a shot at parole if there had been evidence […]

August 14th, 2012


Are frivolous medical malpractice lawsuits driving up medical costs?


The myth of frivolous lawsuits and their detrimental effect on the health industry and health-care costs has driven the campaign for medical malpractice tort reform for decades. The myth is a successful one, so pervasive as to be accepted as common knowledge. It has been instrumental in the passage of laws in multiple states. Texas […]

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