TTLA EClips • TTLA Home • Search Litigation Bank • About November 19, 2008 -  Appeals Court Upholds Anti-Prescription Tracking Law -  Lawsuit Filed in Fatal Semi-Truck Crash -  Advocates Push for Stronger MRSA Prevention -  AARP to Instigate Allegations of Deceptive Marketing -  Safety of Wrinkle Products in Question -  Regulators Warned About Prescription of Antipsychotics to Kids -  Some Banned Products to Remain on Market -  Nestle Recalls Lean Cuisine Meals -  Texas Supreme Court: Health Law     This Service Sponsored Exclusively by The James Street Group A Member Service of Texas Trial Lawyers Association   Announcements Time is running out to register for TTLA’s Annual Conference Events! Don’t miss our 4 incredible CLE programs, national speakers including Paul Begala, our Annual Party & Auction, List Server reception, Advocates Annual Meeting, Annual President’s Luncheon, Annual Board & Membership meeting, and more! Visit www.ttla.com/annual for more details and to register, or call (512) 476-3852 for more information.   Laws/Cases Appeals Court Upholds Anti-Prescription Tracking Law A federal appeals court has upheld a New Hampshire law restricting access by drug companies and other groups to prescription writing data from doctors. A three-judge panel from the 1st Circuit Court of Appeals found that the law was adequately detailed to advance the public good and did not violate First Amendment principles. The law, previously struck down by a lower court, was designed to lower healthcare costs by limiting access to information used in pharmaceutical sales.  Stephanie Saul, The New York Times  11/18/2008 Read Article: The New York Times     Lawsuit Filed in Fatal Semi-Truck Crash An Iowa woman has filed a lawsuit against a Wisconsin trucking company following a crash that resulted in the death of her two children. According to the lawsuit, the semi-truck driver was traveling too fast for icy conditions at the time of the accident and failed to take action to avoid the woman’s vehicle. The woman and her children had been involved in a separate crash collision prior to the deadly crash.  AP, Chicago Tribune  11/19/2008 Read Article: Chicago Tribune     Healthcare Advocates Push for Stronger MRSA Prevention A growing number of consumer advocates are pressuring healthcare officials and lawmakers to force hospitals to disclose infection rates for the antibiotic-resistant germ methicillin-resistant Staphylococcus aureus, commonly known as MRSA. The advocates argue that hospitals have too long been lax on infection control and largely shrouded in secrecy. Many states have been hesitant to crack down on MRSA infections, calling such measures unrealistic or excessive.  Michael J. Berens and Ken Armstrong, Seattle Times  11/18/2008 Read Article: Seattle Times     Insurance AARP to Instigate Allegations of Deceptive Marketing The American Association of Retired Persons has voluntarily suspended the sale of certain health insurance policies pending an outside investigation into how the products were marketed and sold. Investigators will seek to determine if the limited benefit policies, sold by UnitedHealth and endorsed by AARP, were wrongly marketed as comprehensive coverage. Senate leaders had previously criticized the policies after uncovering evidence of deceptive marketing.  Robert Pear, The New York Times  11/18/2008 Read Article: The New York Times     Products Safety of Wrinkle Products in Question Federal regulators have announced the appointment of a scientific panel to investigate injections used to smooth facial wrinkles. Food and Drug Administration officials fear that the sheer number of these cosmetic products may be spurring unapproved uses and unreported adverse reactions. Most adverse reactions associated with the products involve swelling and redness but facial paralysis, disfigurement and other complications have been reported.  AP, LA Times  11/18/2008 Read Article: LA Times     Regulators Warned About Prescription of Antipsychotics to Kids A federal drug panel warned regulators on Tuesday that they must take steps to educate doctors about the dangers of overprescribing powerful antipsychotic medications to children. Speaking before officials from the Food and Drug Administration, the panel criticized current efforts to curtail the increasing number of children prescribed the drug Risperdal to treat attention deficit disorder, a use that Risperdal is not approved for. Prescriptions for Risperdal among patients under 17 have increased 10 percent in the past year.  Gardiner Harris, The New York Times  11/18/2008 Read Article: The New York Times     Some Banned Products to Remain on Market Products containing chemicals banned as part of a new product safety law will remain available for sale as long as they were made before the ban takes effect next year, federal regulators announced Tuesday. Advocates and lawmakers criticized the Consumer Product Safety Commission decision for creating potential confusion among consumers and violating the intent of the law. The law bans the sale of products containing certain types of phthalates after Feb. 10, 2009.  Annys Shin, The Washington Post  11/19/2008 Read Article: The Washington Post     Nestle Recalls Lean Cuisine Meals Nestle Prepared Foods Co. on Tuesday announced the recall of three types of frozen meals. According to the company and the Department of Agriculture, consumers reported finding small pieces of blue plastic in the entrees. One injury has been reported in association with the recall, the Department of Agriculture said.  Rene Lynch, LA Times  11/19/2008 Read Article: LA Times     TEXAS LAWYER CASE SUMMARIES Texas Supreme Court: Health Law A claimant may cure a deficiency by serving a report from a new expert. In Re: Buster, Texas Supreme Court, No. 08-0125.  , Texas Lawyer Opinions (TTLA Members Only)  11/19/2008 Read Article: Texas Lawyer Opinions (TTLA Members Only)     Published by TRIALSMITH, Litigation Tools for Trial Lawyers