| Healthcare |
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| Adverse Effects Reported in Treatment of Upper Spinal Pain |
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Bioengineered proteins used off-label to treat upper spinal pain may cause an increased number of serious complications for patients, according to a study published in The Journal of the American Medical Association. The study reviewed anterior cervical fusion treatments and the adverse effects caused by the treatment. Some physicians speculate that the complication rate may be greater than estimated and may decide to abandon this procedure until it can be safely used. Barry Meier, The New York Times 06/30/2009
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The New York Times
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| Labor/Employment |
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| Uncertainty Facing Employers Using Written Exams |
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Employers who previously used written hiring and promotion exams are now faced with uncertainty after the Supreme Court’s recent decision on employment testing. The court ruled that the results could only be disregarded if the test could be shown as biased and imperfect. Some municipalities have already switched to real-life case scenarios held by assessment centers as an alternative, which offers an improved evaluation of the candidate. Steven Greenhouse, The New York Times 06/29/2009
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The New York Times
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| Some Employment Cases May Proceed without Class Certification |
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The California Supreme Court issued two decisions which will allow employees to sue an employer on others’ behalf without undergoing class certification. Suits must be filed under the Labor Code Private Attorneys General Act of 2004 in order to qualify. Despite the law’s 25 percent limit in the award to the plaintiff, many hailed the decision as a victory in forcing compliance with labor laws. Mike McKee, Law.com 07/01/2009
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Law.com
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| Laws/Cases |
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| Claim Filed Against VA Center for Substandard Treatment |
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A claim has been filed again the Philadelphia VA Medical Center for inferior treatment after complications arose from substandard prostate cancer treatment. The patient’s physicians recommended surgery over radiation therapy despite the patient’s concerns; however, the surgery failed and radiation beads later implanted caused complications. Ninety-one other veterans were previously contacted by this center for improper radiation treatment. Marie McCullough, Philadelphia Inquirer 06/30/2009
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Philadelphia Inquirer
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| GM to Accept Future Product Liability Claims |
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Future product liability claims may be filed with the General Motors Corporation after the concession was made in response to numerous objections to its proposed sale. The company hopes that several last-minute concessions will allow the company’s bankruptcy proceedings to move forward. If approved, claims will be processed through the bankruptcy court. Christopher Scinta and Linda Sandler, Bloomberg 06/30/2009
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Bloomberg
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| Substandard Nursing Home Claims Permitted Under Section 1983 |
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Section 1983 civil rights claims may be filed against county-run nursing homes after a recent 3rd U.S. Circuit Court of Appeals decision. The court stated that the Federal Nursing Home Reform Amendments, included in the 1987 Omnibus Budget Reconciliation Act, requires nursing homes to meet the standard level of care. This ruling will now allow those impacted by substandard treatment to challenge the quality of care provided. Shannon P. Duffy, Law.com 07/01/2009
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Law.com
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| Dismissal of Internal Investigation Sought |
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A lawsuit has been filed against D.C. police officials for the initiation of an alleged illegal internal investigation. The chairman of the police union alleges that, after repeatedly being at odds with police officials, he was accused of leaking “protected information.” A dismissal of the internal investigation is being sought. Del Quentin Wilber, The Washington Post 07/01/2009
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The Washington Post
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| Settlement Approved in Restraining Order Case |
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A settlement was approved for the town of Jonestown’s failure to uphold a restraining order. The victim was injured and her daughter murdered despite numerous requests by the family to arrest the individual for multiple restraining order violations. Domestic violence advocates directly monitored the case. Michael Hewlett, Winston-Salem Journal 06/30/2009
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Winston-Salem Journal
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| Products |
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| Difficult to Pursue Product Liability Claims against Chinese Companies |
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Some Chinese-made products can be hazardous or cause death; however, those affected have little recourse. Despite being named in 69 percent of all U.S. recalls, Chinese companies are extremely difficult to sue since litigation can typically only be pursued in Chinese courts. U.S. lawmakers hope to make Chinese companies liable for faulty products through soon-to-be proposed legislation which will outline potential litigation requirements for foreign companies to sell products within the U.S. Frank Greve and Grace Chung, Miami Herald 06/30/2009
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Miami Herald
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