While the number of actual medical malpractice lawsuits has fallen in recent years, the problem has not gone away. The primary reason for the drop is “tort reform” legislation that has made it more difficult for victims to file lawsuits and receive appropriate recovery. In fact, research from Harvard University indicates that only about 12% of malpractice cases result in legal action.
A Real Estate Investment Trust, or REIT, may be a good choice for those wishing to invest in income-generating properties but who may lack the resources to purchases such investments directly. A REIT is an entity, like a corporation, that owns and manages apartment complexes, office buildings, warehouses and other types of rental properties. Investors purchase shares, similar to stocks. They receive dividends from the REIT every year (a more detailed explanation is available here).
Despite clear evidence that placing limits on non-economic damages in medical malpractice cases has no effect on insurance rates or the number of physicians willing to practice in the Sunshine State, corporate-friendly legislators have passed restrictions on the amount juries may award to plaintiffs in the name of “tort reform.” However, this week, a Florida court ruled that such caps on court awards are unconstitutional.
Medical malpractice is another common source of litigation. Given the recent news that has come to light over the side effects of Xarelto (rivaroxaban) and the inaccurate dosing information that has led to injury and death, some victims wonder if they have grounds for a medical malpractice suit against their physician and health care provider.
The statute of limitations – the period of time within which an injury victim must file a lawsuit or forever lose his/her right to do so – varies from one state to another. In most cases, it is two years from the date of the cause of action. So, if your injury occurred on August 1, 2014, you would need to file your lawsuit before August 1, 2016 – or the party allegedly responsible for your injury would be immune. Some states only grant one year.
SGLT2 inhibitors Invokana and Farxiga, used in the treatment of Type 2 diabetes, have been targeted for a safety review by Canada's public health authority. These drugs cause excess blood sugar to be excreted through the urine. Ironically, they appear to cause one of the very conditions they were supposedly designed to prevent.
It should seem like common sense: a driver behind the wheel of a vehicle traveling between 50 and 70 miles per hour that is 60 – 90 feet in length and weighs as much as forty tons needs to be well rested and alert. Yet, with competition running high and markets impatient to get goods on the shelves, the management at trucking companies don't seem to understand this.
In a recent article, this author described the sale of bottled water as “the greatest scam ever perpetrated upon humanity.” Through an ad campaign over the years that plays on both fear and snobbery, major players in the food industry have convinced an appalling number of consumers that it is somehow “healthier” or “safer” to buy the same water from them that comes out of their own taps. This water is typically sold in toxic plastic bottles at a markup of 4,800%.
The below letter was written by David Levin, founder of the Levin Papantonio law firm, in 1968, and published in the Pensacola News Journal. It was recently rediscovered. Scary! Things have not changed in 50 Years.
I am an environmentalist. I believe the air and water belong to all, including future generations. I do not think pollutants should be able to poison our air, water, rivers and streams in our beautiful Gulf because big-money business is able to hire expensive lobbyists.
Recently, Levin Papantonio posted an article on early concerns expressed over the latest SGLT2 inhibitor, Invokana. Among those concerns, presented at a meeting of the FDA Endocrinologic and Metabolic Drugs Advisory Committee (EMDA) in January 2013, was a question of whether or not Invokana was even effective. The question was raised by Dr. Sidney Wolfe, who heads up advocacy organization Public Citizen's Health Research Group.
When the U.S. Judicial Panel on Multidistrict Litigation (JPML) consolidated all federal Xarelto lawsuits before a judge in Louisiana, there were approximately fifty cases pending. That was in December 2014. Just over six months later, that number has grown eightfold; currently, there are more than 400 Xarelto lawsuits against Bayer AG and Janssen Pharmaceuticals.
Injury lawsuits, such as the ongoing litigation against Bayer AG and Johnson & Johnson's Janssen division over the anticoagulant medication Xarelto, are based on what is known as a “cause of action.” In other words, the court wants to know what it was that resulted in the plaintiff's injury.
Broadly speaking, Xarelto is alleged to have caused uncontrolled bleeding in a number of patients, resulting in pain, suffering and death. However, the problem is even more specific than that.
While manufacturers of “new generation” anti-coagulant medications such as Pradaxa, Eliquis and Xarelto have been settling or fighting off lawsuits over bleeding injuries and deaths, a small, little-known biopharmaceutical company in the San Francisco Bay area has been busy trying to develop an antidote.
Health care fraud involving nursing home residents is only one symptom of a disease unique to America: profit-driven medicine. In virtually every other nation on earth, companies and institutions involved in health care services are forbidden by law to make profits. Health care is simply considered a right of citizenship (something that Germany understood when the modern state was founded in 1871 – and has never abandoned). It should never be a profit center.