The Health Equity Failures of Massachusetts’ COVID-19 Reopening Plan
Reopening involves disproportionate risks to the health of some residents over others, and the State’s push forward fails to adequately address these risks.
Massachusetts
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Read more: The Ill-Designed “Continuous Treatment” Rule for the Health Law of Massachusetts The Ill-Designed “Continuous Treatment” Rule for the Health Law of Massachusetts
By Alex Stein Under Massachusetts law, suits alleging medical malpractice in a treatment of a minor patient must be filed “within three years from the date the cause of action accrues.” G.L.c. 231, § 60D. In a recent case, Parr v. Rosenthal, 57 N.E.3d 947 (Mass. 2016), the Supreme Judicial Court of Massachusetts decided that a…
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Read more: Medical Publications as Evidence Medical Publications as Evidence
By Alex Stein Whether a medical publication – a book or an article – can be used in court as evidence for its truth is determined by the “learned treatise” exception to the hearsay rule. This exception provides that a court can admit into evidence an excerpt from a treatise or periodical when it “is called to…
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Read more: Medical Malpractice in Reproductive-Choice Procedures Medical Malpractice in Reproductive-Choice Procedures
By Alex Stein Malpractice suits filed in connection with reproductive-choice procedures often present unique problems. The suit filed by Jami Conner against her former gynecologist, Dr. Bryan Hodges, is a case in point. The plaintiff, a mother of two children, decided that she did not want to have more children. To avoid future pregnancy, she asked…
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Read more: Lost-Consortium Damages for Same-Sex Spouses Lost-Consortium Damages for Same-Sex Spouses
By Alex Stein Yes, those damages are now available. The Connecticut Supreme Court decision that affirmed their availability, Mueller v. Tepler, — A.3d —- (Conn. 2014), was widely anticipated.
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Read more: Massachusetts’ Ban on “Prescribing and Dispensing” Zohydro: The Arguments For and Against Preemption Massachusetts’ Ban on “Prescribing and Dispensing” Zohydro: The Arguments For and Against Preemption
By Kate Greenwood Cross-Posted at Health Reform Watch As Kurt Karst reported at FDA Law Blog, here, drug maker Zogenix has filed a Motion for Temporary Restraining Order and Preliminary Injunction challenging Massachusetts’ decision to “prohibit the prescribing and dispensing” of the company’s extended-release hydrocodone capsule, Zohydro ER. At a hearing on Tuesday, Judge Rya Zobel…
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Read more: Regulating Compounding Pharmacies: Why An Increased FDA Role Shouldn’t Be Our Default Option Regulating Compounding Pharmacies: Why An Increased FDA Role Shouldn’t Be Our Default Option
By Patrick O’Leary A friend and I were having a conversation about health policy the other day when he observed that drug regulators like FDA face an impossible task in terms of public expectations: as consumers, we expect the drugs we take to be 100% safe, 100% of the time. Of course, no regulator, no…