Posts tagged as:

vaccines

It’s behind a paywall, but the WSJ columnist looks into a question touched on repeatedly in this space and connects it to the unpredictability with which juries may credit expert testimony, as an Oklahoma jury recently did in Toyota litigation:

Toyota had been vigorously fighting hundreds of complaints that its cars are prone to unintended acceleration. Now it’s moving toward a global settlement as a consequence of a single Oklahoma lawsuit that appears to establish that Toyota can’t prevail if it can’t prove a negative—that its software didn’t go haywire in some untraceable and unreplicable manner. …

The Bookout jury was apparently impressed by the testimony of software expert Michael Barr. He said a single “bit flip” (the smallest instance of data corruption) could cause uncontrolled acceleration when the driver had been using cruise control, stopped using cruise control, then resumed using cruise control to let the car accelerate back to its selected speed. …

The connection to Ms. Bookout’s crash, which didn’t involve cruise control and took place on an exit ramp? None, except Mr. Barr claimed that “software failure is consistent with the description of the [Bookout] accident” and “more likely than not” a factor.

Jenkins notes, as have others, that if some mysterious and unreplicable bug is causing Toyotas to accelerate suddenly while disabling the brakes, it seems to differentially appear in cars being driven by elderly drivers, which are greatly overrepresented in the crash statistics.

More: Kyle Graham on whether vaccine liability limits make a plausible precedent for limits on liability for driverless cars.

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Mike Rappaport withholds his applause about that [Law and Liberty] More: Glenn Lammi, WLF.

Emergency meningitis vaccine

by Walter Olson on November 19, 2013

“It’s good that the FDA lifted the ban on Bexsero but why should Americans have to wait for the FDA?” [Alex Tabarrok, Bloomberg]

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Medical roundup

by Walter Olson on July 25, 2013

  • Crisis of sterile injectables rages on, among victims are premature infants who need parenteral nutrition [Washingtonian ("Even if the FDA’s doing something terrible, we can’t criticize them. They regulate us.") via Tabarrok, earlier here, here, here, etc.]
  • “Tweets not medical advice” [@Caduceusblogger via @jackshafer]
  • “Why Your Dog Can Get Vaccinated Against Lyme Disease And You Can’t” [Curt Nickisch, WBUR]
  • Cites distinctive Connecticut law: “Hospital Successfully Sues its Patient’s Attorneys for Filing a Vexatious Malpractice Suit” [Alex Stein, Bill of Health]
  • Should adversarial medical examinations be videotaped? [Turkewitz]
  • “Lawyers Have Learned To Distort Pharmacovigilance Signals” [Oliver on FDA Adverse Event Reporting System (FAERS), earlier]
  • Causation from nasal decongestant at issue: “Judge orders UW to pay $15M to Snoqualmie family” [KING5]
  • “The ban on compensated transplant organ donation has led to hundreds of thousands of excess deaths. A ban on compensated sperm and egg donation would lead to a dearth of lives.” [Alex Tabarrok, related on Canada]

Yes, America’s Most Irresponsible Public Figure® is at it again. [Orac, Respectful Insolence] For good measure, the celebrity environmentalist/wayward scion, speaking in Chicago at a conference called Autism One, is quoted as saying of Dr. Paul Offit and other vaccine scientists, “They should be in jail and the key should be thrown away.” [Age of Autism]

Update: As of Tues. June 3 in the afternoon, the AoA blog post has been taken down. [h/t Justin Miller]

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December 7 roundup

by Walter Olson on December 7, 2012

  • Georgia: “Twiggs County Landgrabber Loses, Must Pay $100K in Fees” [Lowering the Bar]
  • “Major California Rule Change For Depositions Takes Place In 2013″ [Cal Biz Lit] Discovery cost control explored at IAALS conference [Prawfs]
  • Gift idea! “Lego version of the Eighth Circle of Hell (where false counselors and perjurers suffered)” [John Steele, Legal Ethics Forum; Flavorwire]
  • “Don’t Worry About the Voting Rights Act: If the Supreme Court strikes down part of it, black and Hispanic voters will be just fine.” [Eric Posner and Nicholas Stephanopoulos, Slate, via @andrewmgrossman]
  • “Why did Congress hold hearings this week promoting crackpot [anti-vaccination] views? [Phil Plait, Slate]
  • “Debunking a Progressive Constitutional Myth; or, How Corporations Became People, Too” [John Fabian Witt, Balkinization]
  • “Federal ‘protection’ of American poker players turning into confiscation” [Point of Law]

The researcher of anti-vaccine fame, who was struck off the British medical rolls following scandal over his methods, had earlier sued journalist Brian Deer in the U.K.; this time he has filed an action in Texas [Respectful Insolence, Popehat]. As parents decline vaccination, whooping cough and measles make a deadly comeback [Amy Alkon, Orac]

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Law schools roundup

by Walter Olson on May 26, 2011

  • Refuting a law review’s vaccine-autism claims [Orac, Respectful Insolence, more, Fair Warning]
  • Should sue-the-cops fliers have used Suffolk U. law school logo? [Boston Herald via Wood, Chronicle]
  • “There’s a saying that ‘the law you learned in law school is the law’” [Bill Araiza, Prawfs]
  • Annals of legal scholarship: law review article on “planetarian identity formation” [SSRN] Larry Ribstein on the trouble with law reviews [TotM, earlier]
  • Enough with the “balance” talk, says organizer of Hastings Law conference on Palestine rights [SFGate]
  • “The entire law school industry … a significant profit center for universities — is a giant bubble” [The New Republic] “Mind-boggling” tuition increases hard to explain other than as product of market distortions [Hans Bader]
  • Liberty Law exam question on notorious kidnapping case raises eyebrows [Sarah Posner, Religion Dispatches; background]
  • “It’s Deja Vu for Louisiana Economy as Law School Clinic, Activists Challenge Air Permit” [WLF]

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March 23 roundup

by Walter Olson on March 23, 2011

  • New Yorker suing boss for $2M because working in New Jersey caused him “anguish” [Biz Insider]
  • British lawyer’s libel threats impede UK publication of Paul Offit vaccine book [Respectful Insolence]
  • Lawsuit settlement leads to Florida push to curb tobacco discounter [WSJ; background, Jeremy Bulow]
  • Allegation: attorneys made personal use of cy pres fund in Armenian genocide settlement [PoL]
  • “Telecommuting employees raise special wage and hour issues” [Hyman]
  • UK bias cops wonder whether to ban gay-preferred along with gay-not-preferred guesthouses [Ed West, U.K. Telegraph]
  • Copyright mills: “Local law firm wants to defend people sued by local law firm” [TBD] Related: [Citizen Media Law, Coleman]
  • “Top 10 Reasons to Not Open a Bar or Restaurant in NYC” [NY Enterprise Report]

James Beck explains and Orac has some strong views as well (“I’m afraid Justice Sotomayor borders on the delusional when she blithely proclaims that courts are so good at efficiently disposing of meritless product liability claims.”) More: Kathleen Seidel and footnotes.

P.S. But preemption does not carry the day in an automotive case, Williamson v. Mazda.

February 15 roundup

by Walter Olson on February 15, 2011

  • Artist Jeff Koons drops his lawsuit against maker of resin balloon dogs [Legal Blog Watch, BoingBoing, earlier]
  • The car pile-up happened fast, the come-ons from lawyers and chiropractors were almost as speedy [Adler/Volokh]
  • Andrew Thomas update: former Maricopa County Attorney intends to sue former bar president and ethics investigators [ABA Journal, Coyote]
  • Litigation finance: “Poker Magnate, London Firm Bankroll Chevron Plaintiffs” [Dan Fisher, Forbes] Case for champerty pleaded before ethics commission [Podgers, ABA Journal] The experience in Australia [Karlsgodt]
  • Judge: Kansas City stadium mascot hot dog toss suit can go to trial [OnPoint News, earlier]
  • How National Enquirer matched wits with John Edwards to expose scandal [David Perel, HuffPo] More: Justice Department building a case? [AW]
  • “The Whooping Cough’s Unnecessary Return” [Paul Howard/Jim Copland, City Journal] Theodore Dalrymple reviews new Paul Offit vaccine book [same]
  • Many trial lawyers yank funding from Ralph Nader operations in pique over his role in depriving Al Gore of White House victory [ten years ago on Overlawyered]

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January 28 roundup

by Walter Olson on January 28, 2011

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Six years late, the online publication is throwing in the towel on a notorious venture into antiscientific claptrap by America’s Most Irresponsible Public Figure®, Robert F. Kennedy, Jr. Meanwhile, Carter at Point of Law reports that the newly civility-aware celebrity environmentalist will be headlining a “Progressive Voices Cruise” of the Caribbean that by total coincidence will also feature attorney Michael Papantonio, with whose Levin Papantonio injury-law firm the hothead scion has long been associated, a connection curiously absent from his current Wikipedia page and most other coverage (& welcome Jonathan Adler readers).

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A British Medical Journal editorial confirms that scientific misconduct by then-Dr. Andrew Wakefield was even worse than previously assumed. The resulting media-fueled panic led parents to refuse vaccination in large numbers, and childhood scourges such as measles soared as a result, with disability and even death resulting. Wakefield was being financed by lawyers hoping to sue the vaccine industry. [Respectful Insolence, CNN, AP, Adler]

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January 4 roundup

by Walter Olson on January 4, 2011

  • Report: dead woman’s name robo-signed onto thousands of collection documents [Business Insider] Or was it? [comment, Fredrickson/Collections and Credit Risk (alleging that living daughter shares name of deceased mother)] “Are faked attorney signatures the ‘next huge issue’ in the foreclosure scandal?” [Renee Knake, Legal Ethics Forum]
  • “Major Verdict Threatens to Bankrupt Maker of Exercise Equipment” [Laura Simons, Abnormal Use]
  • Decline in competitiveness of U.S. capital markets owes much to legal and regulatory developments [Bainbridge, related]
  • Deadly Choices, The Panic Virus: Dr. Paul Offit and Seth Mnookin have new books out on vaccine controversy [Orac]
  • No one’s trying to get rich off this,” says lawyer planning suit on behalf of A train subway riders stranded during NYC blizzard [NY Daily News]
  • Washington Attorney General Rob McKenna continues to seek solutions to state’s uniquely exposed litigation position, including fix of joint and several liability [Seattle Times, background here and here]
  • ABA Blawg 100 picks — and a critique;
  • Alabama bar orders lawyer’s law license suspended, but in the mean time he’s been elected judge [four years ago on Overlawyered]

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October 19 roundup

by Walter Olson on October 19, 2010

October 14 roundup

by Walter Olson on October 14, 2010

  • Gulf spill fund flooded with dubious claims [Fred Smith, CEI]
  • If these cases go forward, it will make it economically unfeasible for anyone to make vaccines in this country” [NYT quoting Beck on Bruesewitz v. Wyeth preemption case now before SCOTUS]
  • Barney Frank’s evolving views on Fannie/Freddie oversight [Mankiw, Globe]
  • $5.2 million legal bills to Michael Jackson estate [TMZ]
  • Frederick, Maryland pizzeria owner asked to pay $200K for unsolicited faxes [Gazette; my WSJ take four years ago]
  • UK: “Migration Watch” may sue critic [David Allen Green via Richard Wilson, more]
  • Parody of cheesy law firm promotes TV series “Breaking Bad” ["Better Call Saul", autoplays video/audio]
  • N.J.: “Drowns while fleeing cops, family sues for $50M” [five years ago on Overlawyered]

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Such at least is one reading of the federal government’s unusual decision to settle the Hannah Poling vaccine compensation claim [Michael Krauss at PoL]