Technical problems with the blog

For the second time in just a few weeks, I have been experiencing serious technical problems with the system that hosts my blogs (ie, "Blogger").  I have enjoyed using Blogger and I like many of its features but I am becoming increasingly frustrated with the problems I am experiencing.  The last time I had problems, Blogger was updating some features and the problems resolved themselves after a few days.  I am hoping this is the case again.  Otherwise, I may not be able to post new information for a few days and I may soon be looking to move the blogs to a new system or stop blogging altogether.  If you have any comments or suggestions please send them to me by email.

Auto industry bailout's effects on victim's claims

The Wall Street Journal reported yesterday that the government’s bailouts of car-makers Chrysler and General Motors "dashed the legal recoveries of many who stood to recover from the companies for injuries sustained when Chrysler and GM cars malfunctioned."  (See here.)

This is an important story, but it is hardly news.  I am not sure why the WSJ is picking it up now.  I and many others discussed this issue at length way back in the summer of 2009.  For a lot more information on this topic go to my posts (in chronological order) here (June 22, 2009), later that same day, June 23, June 26, June 28, June 30, July 2, July 8 and August 28.

Here is a video ad I posted back in June 2009:



And here is another one:

Yet another new report on medical malpractice that does not support tort reformers' arguments

A few days ago, I posted a link to a new report on medical malpractice (here).  Here is another one: Public Citizen recently released a new study examining National Practitioner Data Bank data on medical malpractice the, once again, refutes many - if not all - of the typical arguments advanced by tort reformers.  Among many other things, the report concludes that for the seventh straight year, the number of medical malpractice payments made on behalf of doctors fell, hitting the lowest point on record and that the cumulative value of malpractice payments in 2010, when adjusted for inflation, was the lowest since the 1990 inception of the databank. In actual dollars, payments last year were the lowest since 1998.  The full report is available here.

Where is the litigation "explosion" that tort reformers claim is making the costs of health care rise?  Where are the runaway juries handing out outrageous verdicts in frivolous cases?  I am still waiting to see the evidence that supports those arguments...  If you know of any, please send it to me.  

This Week's Top Stories

Go here for the TortsProf Blog's list of this week's top stories and here for the Abnormal Use blog's "Friday links." Finally, go here and scroll down for my own selection of top news stories.

Thoughts on issue of preemption of claims by generic drug manufacturers

A couple of months ago, the Supreme Court heard oral arguments on PLIVA v. Mensing (09-993), Actavis v. Mensing (09-1039), and Actavis v. Demahy (09-1501) on the right to sue in state court when a generic drug maker fails to change its label to warn consumers of new harmful side-effects. Go here for some background information on the cases and here for a comment on the oral argument (both links will lead you to even more links for lots of information.)

Now that the Supreme Court should be getting ready to publish its opinion, the Drug and Device Law Blog has now published another comment on the case here.

More on the possible unconstitutionality of the federal medical malpractice bill

A few days ago I posted (here) a link to a paper by a tort reform group arguing that the federal medical malpractice bill is not unconstitutional.  Go here for a response by Walter Olson published by the Cato Institute in which he argues that most proposals in the U.S. Congress to address medical malpractice law run into serious federalism problems.  Also go here and here for two articles by Randy Barnett - a supporter of med-mal reform - in which he argues that the "so-called HEALTH Act now pending in the House violates the GOP’s Pledge to America to justify all of its legislation by identifying its constitutional authority in the enumerated powers of Congress."

Thanks to the TortsProf blog for the links.

New report on Medical Malpractice

Here is a link to a new report by the American Association for Justice called Medical Negligence:  The Role of America’s Civil Justice System in Protecting Patients’ Rights which discusses many of the claims advanced by tort reformers in suport of measures to limit the rights of victims of malpractice.

Here are some highlights of the report:

-- A large body of research now indicates that many of the common perceptions about medical negligence are little more than myths.

-- According to the Institute of Medicine, preventable medical errors kill as many as 98,000 Americans everyyear, and injure countless more. If the Centers for Disease Control (CDC) were to include preventable medical errors as a category, it would be the sixth leading cause of death in America.

-- Despite the shocking number of medical errors, few injured patients ever file a medical negligence lawsuit, and fewer still file frivolous claims.

-- The savings from preventing medical errors run into billions of dollars. The savings from restricting patients’ access to justice, however, are negligible.

-- Medical negligence costs amount to less than two percent of health care spending, and government economists estimate restricting all patients’ compensation would only lower health care costs by less than one-half of one percent or less. 

-- Limiting patients’ rights does nothing but fill the coffers of malpractice insurance companies.

-- Anecdotal accounts of doctors fleeing states in response to increased insurance premiums have proved to be either unrepresentative isolated events, or flat out false. In fact, data from the American Medical Association (AMA) show that physician numbers have been increasing across the board for many years.

-- The number of physicians per 100,000 population is significantly higher in states without [damages] caps.

This week's top stories

Go here for the TortsProf Blog's list of this week's top stories.  Among their stories this week you will find links to a new case filed by a lawyer against some bloggers (and others) that has attracted a lot of attention.  I wrote about it in my Professional Responsibility blog here.  Follow the links there for a lot more on that story.

Also, in addition to the links the TortsProf blog provides for the story on "Dept of Justice taps Sheila Birnbaum to administer the fund for ground zero workers" go to the PopTort for a critical comment on her selection.

In addition, go here for the Abnormal Use blog's "Friday links."  

Finally, go here and scroll down for my own selection of top news stories.

ATRA Paper Defends Constitutionality of Federal Medical Liability Reform

The American Tort Reform Association has issued a 7 page paper that its president says “makes a clear case that the legislation passes constitutional muster.”  You can access the text of the paper here. 

I have commented on the med mal reform bill before Congress here, here, here, here and here and it should be clear that the real question regarding the bill is not its constitutionality. 

The problem with the bill is not whether it is constitutional.  The problem with the bill is that it is unnecessary, unfair and that it advances bad public policy which does nothing to promote better quality or less expensive health care. 

For ample discussion of the real issues related to medical malpractice reform go to my section on medical malpractice (here), scroll down and read the many comments, papers and studies discussed there.  Among others, you will find articles that argue that med mal reform will increase the deficit, articles that describe the results of similar reforms at the state level and articles that show that med mal reforms have not proved to provide many improvements as it relates to liability costs.

Illinois Ranks No. 2 In Dog Bite Claims, Says State Farm - UPDATED

Illinois, the country's fifth most populous state, is ranked as the second state next to California with the highest total payouts and the largest number of dog bite insurance claims made nationally, based on recent report released by Bloomington-based insurer, State Farm. Go to the Chicago Personal Injury Blog and the Chicago Tribune for the full story.

UPDATE (5/15/11):  Here is a link to a list released by the US Postal Service listing the numbers of dog attacks on mail carriers around the country.  The top city listed is Houston.  Chicago came in at number 13. (Thanks to Victor Salas for this link).