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January 2010 Archives

New Hampshire Supreme Court rejects state's claim to $110M medical malpractice fund surplus

The New Hampshire Supreme Court on Thursday put a dent in the state budget by rejecting the state's claim to $110 million in surplus from a fund that underwrites medical malpractice insurance.

Recent Recalls

The old maxim "buyer beware" 'does not mean you have to roll over and accept being injured by a dangerous product. At the law practice of Christian & Davis, LLC, our lawyers are experienced and skilled at discovering all avenues leading to resources for our injured clients, including products liability claims.

Medical Malpractice Caps Won’t Slow Soaring Health Spending

Tort reform has become a sort of all-purpose Republican cure for what ails the American health care system.
Indeed, long before GOP leaders acknowledged any need for health care reform, Republicans were pushing caps on damages in medical malpractice suits.
Now that a majority of Americans - 75 percent in a poll released Friday - see the need for health care reform, Republicans are trotting out damage caps as a way to control soaring health care spending. Their claim likely will get a prominent mention from GOP leaders at President Barack Obama's bipartisan health care summit on Feb. 25.
There might be good reasons to consider changes in how malpractice suits are handled. But the idea that tort reform would significantly slow, or even alter, the trajectory of U.S. health care spending is not among them.

Creating a Common Legislative Agenda for a Stronger, Fairer South Carolina

The Ties that Bind conference will be held Saturday, January 9, 2010, from 12:00 - 5:00 PM in Columbia, SC, at the SCEA Building, 421 Zimalcrest Dr. (Just off Bush River Rd. next to the intersection of I-26 & I-20).

Violations at 94% of Nursing Homes

The New York Times reported that more than 90 percent of nursing homes were cited for violations of federal health and safety standards last year. For-profit homes were more likely to have issues than other types of nursing homes, federal investigators stated in a report released on Monday. See

Nursing Home Reform Bill Passes In House Judiciary Committee

Seniors and their families who have been limited and harmed by mandatory arbitration in nursing home contracts overcame another road block in the fight to seek justice from negligent nursing home corporations as the House Judiciary Committee voted to pass the Fairness in Nursing Home Arbitration Act (H.R. 6126) this week. Wednesday the House Judiciary Committee passed H.R.6126-The Fairness in Nursing Home Arbitration Act-favorably out of committee. The bill passed 17-10. Out of the Members present at the meeting, all Democrats in attendance voted in favor of the bill and all Republicans voted in opposition to it.

New FMLA regulations effective Jan. 16, 2009

The U.S. Department of Labor (the "DOL") has published new Family and Medical Leave Act ("FMLA") regulations (the "Regulations"), effective Jan. 16, 2009, including new military family leave entitlements and changes to many sections of the regulations to provide clarity for employees and employers about their responsibilities and rights under FMLA leave. The following is a summary of the most significant changes:

Metal on Metal Hip Replacements Pose Health Risk

According to medical experts, a medical study underway is expected to reveal that side effects of metal-on-metal hip replacements can cause genetic damage, which could lead to an increased risk of cancer. Furthermore numerous studies have also revealed that metal on metal hip implants can lead to general health problems, such as neurological disorders and heart issues, which could last for years.

Importance of the Fairness in Nursing Home Arbitration Act

All too often we hear stories in our office of tragedy and horror about elderly family members who have been abused and neglected at nursing homes. There are stories about the resident laying in soiled sheets and clothing for hours at a time, to residents who have had severe urinary tract infections which went untreated and turned to sepsis and caused kidney failure, to the failure to turn a resident which led to bed sores so severe that that the bone was showing and amputation had to occur. We have seen many of these types of cases and many other kinds of neglect in nursing homes.

Drug Manufacturer Hopes to End Investigation

Lilly, the manufacturer of the prescription drug Zyprexa is in the end stages of trying to settle a criminal investigation regarding the marketing of the drug. The disclosure comes just two weeks after Lilly settled an 18-month probe with 32 states, which contended Lilly violated consumer protection laws by urging docs to prescribe Zyprexa to patients who did not need the drug. See

Digitek Lawsuits Filed

The manufacturer of the drug Digitek is currently facing numerous lawsuits on allegations that it was dangerous and defective. The lawsuits were filed in U.S. District Court in Newark in recent months against Actavis Totowa LLL of Morristown, N.J., and its Iceland-based parent, Actavis Group, a generic pharmaceutical company.

Darla Moore

Darla Moore has risen above petty politics and set an example for all by continuing her commitment to the state and its students.

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