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Medical roundup

by Walter Olson on May 15, 2013

  • Hit by stray bullet, wakes from anesthesia fighting, hospital told to pay $17 million [Georgia; Insurance Journal]
  • Study: physician’s previous paid claims history has no impact on odds of catastrophic med-mal payout [Bixenstine et al, JHQ via PoL] Overall, med-mal payouts have fallen steadily in past decade; $3.6 billion figure last year follows strongly regionalized pattern with top per capita figures all in Northeast [Diederich analysis of annual payouts via TortsProf] Florida law now requires that testifying medical witness be in same specialty as defendant [Business Week]
  • In lawsuits alleging “wrongful birth,” what’s the measure of damages? [Gerard Magliocca, Concurring Opinions]
  • ObamaCare exchanges in D.C., California and Connecticut declare smoking “pre-existing condition,” say insurers can’t base higher rates on it [Kevin Williamson, NR]
  • “The Crime of Whitening Teeth with Over-the-Counter Products” [Caleb Brown, Bluegrass Institute]
  • How not to die: Jonathan Rauch on end-of-life overtreatment [The Atlantic]
  • “I’m going to start a rumor that Sudafed is an abortifacient. Then the feds will finally have to allow reasonable access to it.” [me on Twitter]

February 29 roundup

by Walter Olson on February 29, 2012

  • Jackpot justice and New Jersey pharmacies (with both a Whitney Houston and a Ted Frank angle) [Fox, PoL, our Jan. 3 post]
  • New Mexico: “Trial lawyers object to spaceport limits” [Las Cruces Bulletin]
  • Dodd-Frank: too big not to fail [The Economist] Robert Teitelman (The Deal) on new Stephen Bainbridge book Corporate Governance After the Financial Crisis [HuffPo] Securities suits: “trial lawyers probably won’t be able to defend a defective system forever” [WSJ Dealpolitik]
  • Uh-oh: U.K. Labour opposition looks at unleashing U.S.-style class actions [Guardian] “U.K. Moves ‘No Win, No Fee’ Litigation Reforms to 2013″ [Suzi Ring, Legal Week]
  • More on controls on cold medicines as anti-meth measure [Radley Balko, Megan McArdle, Xeni Jardin, earlier here, here, here]
  • Recognizable at a distance: “In Germany, a Limp Domestic Economy Stifled by Regulation” [NY Times]
  • Fewer lawyers in Congress these days [WSJ Law Blog]

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March 1 roundup

by Ted Frank on March 1, 2008

  • Oregon Supreme Court plays chicken with SCOTUS over $79.5 million punitive damages award in Williams v. Philip Morris case. [Sebok @ Findlaw; Krauss @ IBD; POL Feb. 1]
  • Speaking of punitive damages, I did a podcast on Exxon Shipping v. Baker. I can’t bear to listen to it, so let me know how I did. [Frank @ Fed Soc]
  • Arkansas case alleged legal sale of pseudoephedrine was “nuisance” because meth-makers would buy it; case dismissed. [Beck/Herrmann]. This is why I’ve stockpiled Sudafed.
  • Lawyers advertise for refinery explosion victims before fire goes out. [Hou Chron/TLR]
  • Connecticut Supreme Court: cat-attack victim can sue without showing past history of violence by animal. [On Point] Looking forward to comments from all the anti-reformers who claim to oppose reform because they’re against the abrogation of the common law.
  • Op-ed on the Great White fire deep pockets phenomenon. [SE Texas Record; earlier: Feb. 2]
  • “FISA lawsuits come from Twilight Zone.” [Hillyer @ Examiner]
  • Legislative action on various medical malpractice tweaking in Colorado, Hawaii, and Wyoming. [TortsProf]
  • Request for unemployment benefits: why fire me just because I asked staffers for a prostitute? [Des Moines Register]
  • “So much for seduction and romance; bring in the MBAs and lawyers.” [Mac Donald @ City Journal; contra Belle Lettre; contra contra Dank]
  • Where is the Canadian Brandeis standing up for free speech? [Kay @ National Post]
  • In defense of lobbying. [Krauthammer @ WaPo]

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December 20 roundup

by Ted Frank on December 20, 2006

  • The part of the Zyprexa story the New York Times didn’t tell you. [Point of Law; relatedly, Childs]
  • 10-2 DC City Council vote: DC businesses who don’t want to hire a “rehabilitated” convicted sex offender to work with children (or DC residents who don’t want to rent a room to one) can now be sued for punitive damages. WaPo doesn’t think this worth mentioning in the newspaper. Thanks, Marion Barry, for making my Arlington condo worth more money! [Open Market blog]
  • Of course, not all convicted sex offenders are equal, as the case of a 17-year-old who had consensual oral sex with a 15-year-old shows. That ten-year prison conviction (without parole) would have been a misdemeanor if he had just had intercourse and gotten her pregnant. [Bashman roundup; Volokh; Berman]
  • Tradeoffs and scarcity: why medical safety isn’t as easy as it seems. [Point of Law; Kevin MD]
  • Jury’s lack of smoking break not reason to undo death penalty. [AP/law.com]
  • I know I stocked up on Sudafed when they changed the law. It’s worse for allergy sufferers with kids below 18. [WQAD; Fisher @ WaPo]
  • Murnane on the judicial hellholes report. [Illinois Justice]
  • Remember when those left-wing groups tell you about how profitable insurance companies are, and thus need more regulation? They somehow forget the most highly regulated category, Florida homeowners’ insurance. Which, not coincidentally, is high-priced, loses money, and increasingly taxpayer subsidized as private industry flees. [Risk Prof]
  • “We’re trying to figure out what changes we can make, short of putting up signs saying, ‘Don’t put your baby through the X-ray machine.’” [LA Times]
  • Blogger doc: $4M/breast is too high, even in Florida [Docsurg]
  • No, a semicolon in your middle name doesn’t grant you magical legal properties. [Above the Law]
  • Word limits and law school exams. [Above the Law]
  • Milton Friedman and General Pinochet. [Reason]
  • “This is the painful part,” he said. “Sometimes you do everything right in neurosurgery and the patient doesn’t do well.” No lawsuits in this story, just interesting medicine. [NYT]
  • With only 17 “fascinating”s in 3.5 years, Overlawyered is more selective than Volokh or Prawfsblawg. [Still Angry]
  • Overlawyered and Walter get a shout-out in an article about the top ten insurance cases of the year. [Mealey's]
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