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  • Tell the Legislature to Protect Seniors from Forced ArbitrationSeptember 2nd, 2015

    Few in our society are as fragile and defenseless as seniors, particularly those in long-term care facilities. This is the reason why a proposed change to Medicare and Medicaid regulations–one that would outlaw forced arbitration as a precondition of entry into such a facility–is so …

  • High Stakes in PA Supreme Court RaceAugust 26th, 2015

    Whether they know it or not, in November, Pennsylvanians will cast their votes for (among other positions) three seats on the bench of the commonwealth’s Supreme Court. This is the first time three such positions have been vacant at any one time in the Supreme …

  • Texas Bill, Which Would Effectively Immunize Insurance Companies for Wrongdoing, Doesn’t PassAugust 19th, 2015

    Texas–a state that already has on the books some of the toughest and most draconian tort reform measures in the country–was until recently in the process of passing a bill that would have (according to the Texas Tribune) made “it harder for homeowners and companies …

  • Only One in Five Medical Malpractice Cases Pay Out, According to Comprehensive StudyAugust 12th, 2015

    Supporters of so-called tort reform measures would have the American public believe that medical malpractice cases are not only running rampant in the country’s civil justice system, but that they consistently lead to astronomical verdicts (which, in turn, are driving doctors out of business). Not …

  • The FDA Is Ineffective; How Did It Get This Way?August 5th, 2015

    We’ve been writing about the ineffectiveness of the United States Food and Drug Administration (FDA) for years now. From big-name pharmaceuticals to generic drugs to plastic water bottles to herbal supplements, the agency has consistently failed to protect Americans from corporations willing to jeopardize individuals’ health …

  • Legislation Targeting Asbestos Victims Moves Through House CommitteeJuly 29th, 2015

    Shortly after the most recent round of midterm elections, we predicted that one of the priorities of the new Congress would be to enact as many tort reform measures as possible. We suggested this might include both a push to enact the Lawsuit Abuse Reduction …

  • Even More Data Proves Pennsylvania Medical Malpractice Filings DecliningJuly 22nd, 2015

    Back in June of 2013, we published an article detailing a 45-percent decline in the number of medical malpractice case filings statewide. Armed with a few more years’ worth of data, the Administrative Office of Pennsylvania corroborates these statistics, indicating that such cases are at …

  • New York Implements Multistate “Uniform” Bar ExamJuly 15th, 2015

    One of the most daunting prospects a recent graduate of law school has to face is the dreaded bar examination. For decades, each state had its own version of the test, but in 2011, Missouri rolled out a so-called uniform bar exam that fifteen other …

  • Da Vinci Surgical Robot Subject of FDA ProbeJuly 13th, 2015

    Last summer we published a post about growing numbers of injuries sustained by patients during surgeries with the da Vinci surgical robot system, e.g. “tears and burns, to blood vessels, intestines, uterus and vaginal cuff dehiscence.” Complaints have also been leveled against the electrical arms …

  • Judge Allows BP Clean-Up Workers to Pursue Jury TrialsJuly 8th, 2015

    The 2010 BP Deepwater Horizon oil spill in the Gulf of Mexico has not been in the news a great deal over the last four or so years, but that does not mean all of the problems it created have been solved. As a part of …

  • Congressional Bill Threatens Federal Class Action LawsuitsJune 24th, 2015

    This blog has long advocated that the class action suit is a core component of the civil justice system, one that provides a class of plaintiffs redress from corporate wrongdoing. Class actions are not limited to consumer protection, but also help to discourage discriminatory and …

  • Markups on Brand-Name Medication Strain Hospital BudgetsJune 17th, 2015

    A revelatory article in a recent edition of the Wall Street Journal sheds light on one of the most important factors influencing prescription drug pricing: their brand labels. The authors of the story, which ran with the headline, “Pharmaceutical Companies Buy Rivals’ Drugs, Then Jack …

  • Evidence-Based Medicine Activist Explains Our Expensive Health Care SystemJune 10th, 2015

    WNYC’s Freakonomics Radio–named after a book series by journalist Stephen Dubner and economist Steven Levitt–recently ran a two-part series about the American health care system. The first hour (about randomized controlled medical trials) was interesting enough, but its sequel proved highly relevant to subjects this …

  • Retired NHL Players File Class Action Suit Against LeagueMay 27th, 2015

    In 2013, more than four thousand former NFL players settled a class action suit against their former employer for $765 million, alleging that the league knew about the long-term risks associated with sub-concussive and concussive injuries. Many of these men–battling problems like chronic depression, dementia, …

  • To Make Amtrak Crash Victims Whole, Congress Must Raise Rail Liability CapMay 20th, 2015

    Joanne Doroshow, founder and executive director of the Center for Justice and Democracy at New York Law School, is also a columnist for The Huffington Post. In the past, she has covered discrimination in the tort reform movement, advocated for protecting the seventh amendment, (the …

  • Doctors, Attorneys Allege Low Testosterone “Disease Mongering”May 13th, 2015

    When we first covered the alleged link between testosterone drug therapy and cardiovascular problems–particularly in older men–last June, there were about 50 such cases pending across the country. Now there are at least 1,500, and that number is growing every week. Reports do not vary …

  • Feldman Shepherd Attorney Sues Bayer’s MiraLax for Kidney FailureMay 6th, 2015

    Since at least 2009, researchers have been aware that MiraLax, an over-the-counter laxative manufactured by Bayer Corp., is not safe for patients who suffer from kidney disease. But this did not stop the company and is affiliates from allowing the drug to be taken by …

  • Record Number of Cases Sitting in Judicial LimboApril 29th, 2015

    The American judicial system is overstressed, underfunded, and underserved. This blog has been covering court backlogs at the local level since 2012, but now the Wall Street Journal has dedicated an article to the massive wait times for a case to be heard at the …

  • Judge’s Decision Protects GM from Billions in DamagesApril 22nd, 2015

    As one of the largest automotive recalls in American history, this blog has been covering the massive and tragic GM ignition switch failure–which has killed at least 84 and injured at least 157–for more than a year. As we previously reported, GM had been covering up …

  • Takata Corporation Faces Wider Recall, Fines, and a Class Action SuitApril 15th, 2015

    Last year saw more auto recalls in the United States than any other year in the country’s history (one trade publication has even dubbed 2014 “the infamous Year of The Recalls”). This blog has been covering the massive Takata airbag recall–which has officially claimed the …

  • 5 Hospitals Report Antibiotic-Resistant Bacterial OutbreaksApril 8th, 2015

    Having covered the dangers that hospitals pose (on several occasions) and the previousfailures of the FDA to keep consumers safe (again, on several occasions), it will come as no surprise to readers to learn that the topic of this post brings the two together. Several …

  • Some Wins, Some Losses in Tobacco Class Action SuitsApril 1st, 2015

    In November, this blog published an article about the ways in which class action lawsuits–cases in which a group of individuals (a class) may stand together against wrongdoing–have the ability to protect Americans from a variety of threats: discriminatory and predatory lending and insurance policies, …

  • New York Doctor Database–Including Malpractice Information–Is Facing EliminationMarch 25th, 2015

    Health experts have long pointed to increased transparency as a way of eliminating medical errors and reducing healthcare-associated infections, not to mention making patients aware of potential risks. In the past year, this blog has published two articles about programs aimed at making this goal …

  • Many Generic Herbal Supplements Not Herbal At AllMarch 18th, 2015

    Health experts have long criticized store-brand herbal supplements. And finally they have been vindicated. The Attorney General’s office recently oversaw testing on products from nationwide chains like Walmart, Walgreens, Target, and GNC, finding that only a very small minority contained any of the ingredients listed …

  • Youth Football League Faces Brain Injury LawsuitMarch 11th, 2015

    Last June, this blog published an article about President Obama’s so-called “concussion conference,” which he called to address mild traumatic brain injuries in young athletes that many alleged were leading to mental illness and other adverse effects. This came around the same time that about …

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