Hand holding white pills

Medical research may not be accurate, putting patients at risk for treatment errors

Medical research plays a critical role in the development of new treatment protocols. Many people here in Illinois receive medical care based on the latest studies and findings. However, much of this research may be questionable. One study published in the Journal of the American Medical Association found that up to half of the most […]

Closeup of different medication pills

Pradaxa and Actos: Is Non-Preservation of Documents an Emerging Trend?

When a US District Court judge fined Boehringer Ingelheim almost $1 million at the end of last year for failure to preserve documents regarding the blood thinner Pradaxa, the decision served as a precursor to a similar position taken by the Court in regards to the Actos portfolio. The Actos manufacturer, Takeda Pharmaceuticals, was cited […]

Newborn boy in crib

Reproductive Medicine

According to the American Society for Reproductive Medicine In 2010, 61,000 babies were born through assisted reproductive technology; a few State higher courts have addressed what happens to the frozen embryos once a couple separates. The Illinois court has ruled on an embryo case but the ruling still allows many of the issues to remain […]

White pills

Misbranding Depakote

A recent headline announced that Abbott Laboratories must pay over $1.6 million for misbranding the prescription drug Depakote. The total included a criminal fine and civil settlements with the states and federal government. In addition, Abbott has agreed to pay 45 states in order to resolve liability under state consumer-protection laws. Acting Associate Attorney General […]

Stressed doctor holding chart

Illinois Court on Proving Liability for Medical Malpractice

Oftentimes, physicians are employed by more than one medical institution. This can make it difficult establish liability for negligent treatment in medical malpractice cases, since it is sometimes difficult to prove which hospitals employed a physician for the purposes of the negligent conduct at issue. This was the very issue presented in Turner v. U.S., […]

Heart rate monitor during surgery

Tracking Medical Device Implants

In an attempt to protect consumers from the dangers of defective medical devices, the U.S. Senate recently proposed draft legislation that would require manufacturers to conduct ongoing safety studies of medical devices even after the device has obtained the approval of the U.S. Food and Drug Administration (FDA). The legislation was drafted, in part, as […]

Wood Gavel

Do Damage Cap Laws Pass Constitutional Muster?

Nearly 30 states currently limit the amount of damages that can be received in a medical malpractice lawsuit, according to the American Medical Association. States with damage caps vary wildly in their limitations and the types of damages that are limited. For instance, California limits non-compensatory damages at $250,000, while Nebraska limits total damages at […]

Doctors doing research

Illinois Doctor Database Passed Under Overturned Medical MalPractice Law is Reinstituted

Last year, Illinois lawmakers passed a comprehensive medical care reform bill that imposed a cap in medical malpractice cases. As explained at the PopTort, when that law was overturned as unconstitutional, a number of other beneficial medical malpractice regulatory laws that were included as part of the reform were scrapped as well due to a […]

Man using cane

Lawyer Sues Alleging Article About Brachial Plexus Injuries is False

The Day on Torts blog reports of an interesting lawsuit filed by Massachusetts attorney Kenneth Levine. In the lawsuit, Gorbey v. American Journal of Obstetrics & Gynecology, No. 1:11-CV- 11259-NMG (pending in the U. S. District Court for the District of Massachusetts), Levine alleges that the authors of a medical article about brachial plexus injuries […]

Empty hospital room

Do medical errors increase during summer months?

Popular wisdom is an interesting thing–it tends to be based on observation rather than scientific testing. But, interestingly, in many cases, once experiments are run to test the truth of a particular hypothesis, it turns out to be true. Such is the case with the longstanding, but unsubstantiated belief that medical errors increase in July. […]