A New Jersey appeals court is considering whether the Office of Attorney Ethics has the power to file ethics grievances against lawyers after district ethics committees have declined to do so, and whether the judges themselves even have the authority to get involved in the dispute.
If the panel decides that the Superior Courts can exercise jurisdiction over ethics matters, it will then have to decide whether OAE Director Charles Centinaro violated the rules governing the disciplinary process when he filed a complaint against two lawyers in Hackensack, after District II-B Ethics Committee secretary Doris Newman concluded their actions did not constitute unethical conduct, New Jersey Law Journal reports. Continue reading
When it comes to prescribing medication for children, there is often little data to support information about dosage, safety or efficiency. According to Scientific American, most clinical trials do not include children so the burden of deciding what treatments to use and how falls on physicians.
Scientific American reports that only 46 percent of drugs used in kids have been approved by the U.S. Food and Drug Administration (FDA) for pediatric use. In the past, that statistic was far worse. Continue reading
In a trial over its guardrails, Trinity Industries was questioned about why they did not tell authorities about five failed crash tests. The New York Times reports that the case was filed under the False Claims Act by a competitor who alleged that the company violated federal rules when it failed to notify the Federal Highway Administration that it modified the design of its ET-Plus rail head in 2005.
These guardrails are the subject of the safety concerns outside of this federal lawsuits, according to The New York Times. Last month, the states of Missouri and Massachusetts banned the design and began their own investigations. Virginia also took issued with Trinity, and said in a letter that it believes the company failed to adequately test the ET-Plus. The state wants further testing. Continue reading
Despite indications that a jury might have misunderstood what evidence it was allowed to consider and that one juror called the plaintiff a liar in a discussion outside the jury room, an appeals court found there were not sufficient grounds to reverse the no-cause verdict.
The appeals court upheld the verdict and the trial judge’s denial of a request for either post-verdict questioning of the jurors or a new trial. The plaintiff had sued over whiplash injuries to her neck allegedly from a 2010 automobile accident, where her car was rear ended and her head slammed into the back of her seat, the New Jersey Law Journal reports. Continue reading
A class action lawsuit over Medtronic’s bone growth product Infuse could complicate the company’s planned acquisition of Dublin-based device maker Covidien.
U.S. District Judge John Tunheim will allow lawyers for Medtronic investors to explore an alleged coverup of Infuse’s side effects by Medtronic officials, the Minneapolis Star Tribune reports. Off-label use of Infuse has allegedly injured thousands of patients. Tunheim said the plaintiffs could pursue their claim that former Medtronic CEO William Hawkins purposely made misstatements to stock analysts to hide the fact that the Food and Drug Administration (FDA) had refused to approve Amplify, the next iteration of Infuse. Continue reading
According to a study recently published in The American Journal of Clinical Nutrition, women are more likely to develop rheumatoid arthritis (RA) if they drink one or more sugar-sweetened sodas a day compared those who drink less than one soda per month or less.
According to the Arthritis Today, RA leads to inflammation and subsequent joint pain and damage, fatigue and other consequences. It is a systemic, autoimmune disease believed to be caused by a combination of genetic and environmental factors. Continue reading
A Field Safety Alert was issued for some of Covidien’s defibrillator electrodes. According to the alert, certain Medi-Trace Cadence and Kendall Multi-function Defibrillation Electrodes will not connect with Philips FR3 and FRx Defibrillators. There are at least two reported incidents “where customers attempted to use a Covidien electrode with a Philips FR3 AED unit. The mismatch of these devices contributed to a delay in resuscitation and may have contributed to the subsequent death of one patient.”
An automated external defibrillator (AED) is a portable device that attempts to correct a life-threatening heart rhythm using electrical shocks. The alert states that the Philips FR3 and FRx AED units are not compatible with certain Medi-Trace Cadence and Kendall Multi-function Defibrillation Electrodes; trying to pair these AEDs with the electrodes will delay therapy that can save a patient’s life. The FRx AED requires the pads to be connected before use, so a continuous chirp alarm will notify the user that the appropriate pads are not connected before the device is used. The FR3, on the other hand, does not require the pads to be connected beforehand; therefore, the users will not realize that the electrodes are incompatible until the unit needs to be used, causing a delay in therapy. Continue reading
September 11th responders and survivors who were diagnosed with certain cancers prior to October 12, 2012, must register with the September 11th Victim Compensation Fund (VCF) or they become ineligible to file claims for the program’s benefits.
At an October 7 press conference, Rep. Peter King said, “We must ensure that our 9/11 heroes receive the care they deserve and are not left fighting alone because of ineligibility.” He urged anyone who might be eligible for compensation “to visit VCF.gov immediately and determine if you should register to preserve your right to file a claim.” Representatives Carolyn B. Maloney and Jerrold Nadler, along with Rep. King and a group of 9/ll responders, labor leaders, community representatives and advocates for 9/11 survivors, held the press conference to alert the public to the deadline, 9/11 Health Watch reports. Continue reading
In a letter to FDA Commissioner Margaret Hamburg, a group of Democratic senators is urging the Food and Drug Administration (FDA) to require strong warning labels for e-cigarettes.
Senators Barbara Boxer, Dick Durbin, Richard Blumenthal, Jack Reed, Sherrod Brown, and Ed Markey wrote to Dr. Hamburg last week to ask her to finalize proposed rules expanding the agency’s ability to regulate all nicotine products, The Hill reports. Continue reading