Attempts to regulate direct to consumer advertising

The New York Times has published an article on different attempts by legislators to enact laws to regulate the use of direct to consumer advertising by pharmaceutical companies. For example, the article mentions that Representative James P. Moran, Democrat of Virginia, is sponsoring a House bill that would ban ads for prescription sexual aids like Viagra and Levitra from prime-time television, on decency grounds. Obviously, on those grounds, the bill has no chance. Representative Henry Waxman, Democrat of California, on the other hand favors a more reasoned approach. He is said to favor empowering the F.D.A. to bar consumer ads for new drugs for an initial period after the F.D.A. approves them — until there has been more real-world experience with the medications. Thanks to the TortsProf Blog for the information.

Last week's most interesting stories

A little late, but here is the list of last week's most intersting stories as compiled by the TortsProf Blog. See here.

Report on the Feres Doctrine

A week ago, I posted a story about a recent medical malpractice claim negated by the Feres Doctrine. See here. Today the PopTort Blog published a report/update on the Feres Doctrine, here.

New report on med mal and health care reform

The Center for Justice & Democracy has just released a new study that concludes what many others have been arguing for years: that limiting injured patients’ access to the courthouse does not have any real effect on overall health costs. The full report is available here. Thanks to the PopTort Blog for the information. Their story on the report is available here.

Med mal and health care reform debate continues

In response to Rep. Michael Burgess's bill to enact Texas-style damage caps for the entire country, Ronen Avraham and Charles Silver (professors at theat the University of Texas Law School and David A. Hyman (professor at the Colleges of Law and Medicine at the University of Illinois) have published a short article titled "Texas-style caps on noneconomic damages isn’t smart tort reform" -- available here. In part, they connclude: "In our judgment, the Texas approach is too simple-minded. Texans got nothing in return when they gave all healthcare providers the benefit of caps on noneconomic damages in 2003. They received no guarantee that the supply or the quality of healthcare available to Texans would improve, or that costs would go down. . . .Any restrictions the federal government imposes should be "smart" ones. They should insulate only providers who deliver cost-effective healthcare that protects patients from harm." Thanks to Christopher Robinette of the TortsProf blog for the information.

Military medical malpractice negated by Feres doctrine again

Prof. Jonathan Turley is reporting today on another military medical malpractice case and what he called (and I agree) "another reason for Congress to legislatively negate the infamous Feres doctrine." In this case, Airman Colton Read, 20, went into the David grant Medical Center at Travis Air Force Base near Sacramento for a simple gallbladder operation — only to end up a double amputee due to malpractice. For the full story, go here.

Most interesting stories this week

A little late but here it is ... this week's list of interesting stories, courtesy of the TortsProf Blog: here.

Book Review on Med Mal

Here is a link to a comment on a new book that, according to the reviewers, "seeks to protect patients from “pandemic” of medical malpractice."

Lead in lead paint is not a design defect according to Wisconsin Supreme Court

The Supreme Court of Wisconsin has affirmed the dismissal of several product liability claims against paint manufacturers for injuries cased by the lead content of their paint products. This is not a surprising result since the lead paint manufacturers had won most, if not all, other similar claims so far. Among other things, the Court held that given that removing the lead from the type of paint at issue "would transform it into a different product," the design of white lead carbonate pigment is not defective. Although definitely a victory for the defendants, there is a very important element of the decision that is helpful to plaintiffs in products liability cases. The Court reaffirms its rejection of the Restatement (Third) and makes absolutely clear that "Wisconsin strict products liability law does not require a plaintiff to prove the feasibility of an alternative design.” For more on this story go to Jonathan Turley's Blog, Law.com and the Drug and Device Law Blog.

More on the Op-Ed re Med Mal

The PopTort Blog discusses the Op-Eds on the New York Times here.