Posts Tagged ‘opioids’

Nice work if you can get it, opioids-suit dept.

Salaried attorney for Texas county helps himself to contingency-fee deal representing same county in opioids litigation. Following press accounts raising the question of whether the arrangement was consistent with the Texas Local Government Code, the county amended the contract to remove its attorney’s role in the representation [David Yates, Southeast Texas Record and followup update; Brooks County, Tex.]

Medical roundup

April 17 roundup

  • Estonia introduces artificial intelligence algorithms to adjudicate small claims disputes [Eric Niiler, Wired]
  • “The Connecticut Ruling: Another Attempt to Blame the Gun for Gun Crime” [Joyce Lee Malcolm, Law and Liberty on 4-3 Connecticut Supreme Court ruling finding state consumer law not preempted by federal PLCAA (Protection of Lawful Commerce in Arms Act)] “But will the Supreme Court allow Connecticut to circumvent federal law?” [Scott Greenfield] Remington will seek certiorari review at U.S. Supreme Court [Dave Collins, AP/WTIC]
  • In Pennsylvania, there’s “a feeling that law firms can get judges fired” after a worker’s comp judge who angered “one of the state’s most politically connected law firms…quickly lost her job” [William Bender, Philadelphia Daily News]
  • Nanny staters vs. comptroller’s moves to modernize alcohol marketing regulation, no action on Sixth District gerrymander, Angelos asbestos bill tripped up, critics are right to oppose push to abolish child-abuse statute of limitation, heads should roll in business lobby after minimum wage fiasco, and more in a Sine Die (end of legislative term) roundup at my Maryland blog Free State Notes;
  • “Harm Reduction: Shifting from a War on Drugs to a War on Drug-Related Deaths,” videos of Cato Institute conference with Jeffrey Singer, Maia Szalavitz, Ed Rendell, Clark Neily, Jeffrey Miron, Michael Cannon, and others [parts one, two, three, four, Jeffrey Singer overview blog post] and related Cato podcasts with Daniel Ciccarone on prohibition as crisis driver, Scott MacDonald on heroin-assisted treatment, Darwin Fisher on supervised injection, and Adrianne Wilson-Poe on cannabis and opioid overdose;
  • “How Are State Supreme Court Justices Selected?” [Federalist Society Policy Brief video with Chris Bonneau and Brian Fitzpatrick]

Medical roundup

  • Sued if you do, sued if you don’t: drugmaker faces lawsuits over failure to provide Fosamax warning that FDA told it not to provide [Jim Copland, James Beck on Merck Sharp & Dohme v. Albrecht, pending at Supreme Court]
  • On new APA masculinity guidelines, Sally Satel cuts to the point: will they improve the success of therapy for people seeking help? [Washington Post]
  • What does it mean to say the opioid litigation might follow the tobacco model? [Rob McKenna, U.S. Chamber] Citing fate of earlier gun lawsuit filed by city of Bridgeport, state judge dismisses four lawsuits filed by Connecticut cities against opioid industry [Daniel Fisher, Legal NewsLine]
  • I do miss the days when leaders of the public health profession focused on communicable diseases like typhus rather than running after Bloomberg grants to promote soda bans [Joel Grover and Amy Corral, NBC Los Angeles]
  • Cooking the books on infant mortality: about those Cuban life expectancy stats [David R. Henderson]
  • As artificial intelligence begins to make inroads into medical diagnosis, liability issues loom large [Beck, see related linked earlier]

Canada: nurse who stole opioids wins reinstatement, damages

Over a period of two years at a nursing home in Waterloo, Ontario, a nurse identified in legal papers as DS “[stole] opioids for her own use and [falsified] medical records in order to conceal the thefts.” Now “a labor arbitrator has ordered the Regional Municipality of Waterloo to give DS her job back, and to compensate her financially for her unfair dismissal, including general damages for ‘injury to dignity, feelings and self-respect.’ The care home had a duty to accommodate the nurse’s unquestioned diagnosis of severe opioid use disorder and mild to moderate sedative-hypnotic use disorder, ruled arbitrator Larry Steinberg. This disease had left her with ‘a complete inability or a diminished capacity’ to resist the urge to feed her addiction.” [National Post]

January 30 roundup

  • “Battle over stolen diamond-studded golden eagle takes flight as insurer fights order to pay up” [Jason Proctor, CBC]
  • Fentanyl test strips save lives. Feds oppose their distribution [Jeffrey Singer, Cato]
  • D.C. Circuit judicial nominee Neomi Rao (full disclosure: an old friend) “comes under fire for undergraduate writings on sexual assault — though her views from 25 years ago are consistent with today’s statutes and rulings.” [K.C. Johnson, City Journal]
  • One reason the costs of rent control policies get understated: it’s hard to control and account for declines in the quality of apartment services [Richard McKenzie and Dwight Lee, Cato Regulation magazine]
  • Federalist Society National Lawyers Convention video panel on antitrust law transparency with Deb Garza, Hon. Frank Easterbrook (“Always remember that sunlight is full of ultraviolet radiation”), Eric Grannon (incentive problems of “amnesty plus” program; “moral turpitude” provisions, more on which), moderated by Hon. John Nalbandian;
  • Big reason military and health care procurement is so pricey: “scads of less specific programs out there [are] insanely cheaper and more functional, but those programs cannot justify the costs of becoming compliant” [from Tyler Cowen comments]

Medical roundup

January 2 roundup

  • Extended look at problems of the adult guardianship program in New York [John Leland, New York Times, earlier]
  • “‘Professional Speech’: a Distinction without a Difference” after the NIFLA case [Cato podcast with Caleb Brown and Robert McNamara of Institute for Justice]
  • New York enacts law imposing stiff new tax on opioid makers and wholesalers while forbidding them to recoup it by raising prices for buyers in other states. That won’t fly under the Dormant Commerce Clause, rules federal judge [Nate Raymond, Reuters/Insurance Journal]
  • Should courts uphold laws grounded in part on hostility to a religious group, though rationalized on some other basis? Both right and left have trouble staying consistent [Ilya Somin]
  • “Oxford University Gets Opposition To Its Attempt To Trademark ‘Oxford’ For All The Things” [Timothy Geigner, TechDirt]
  • Australian corrections officials keep bringing the wrong Peter Brown to court as murder defendant [Lowering the Bar]

Medical roundup

  • No, the federal court ruling in Texas isn’t likely to take down the Affordable Care Act / ObamaCare [Ilya Shapiro]
  • Should doctors exhort their patients to vote? Hell, no [Wesley J. Smith]
  • “Accutane Litigation Goes Out with a Bang, Not a Whimper” [James Beck, Drug & Device Law] “The Worst Prescription Drug/Medical Device Decisions of 2018” [same; plus the best]
  • Proposal for price controls on Medicare Part B might amount to drug reimportation lite [Roger Pilon] Canadian reimportation as shiny object [Beck]
  • The European Medicines Agency has approved the powerful new opioid Dsuvia, and FDA head Gottlieb made the right choice in following suit, Sen. Markey and Public Citizen notwithstanding [Jeffrey Singer, Cato]
  • “Your doctors didn’t jump out of business; they were pushed. And they were pushed by people way too convinced of their qualifications to redesign the world around them.” [J.D. Tuccille, Reason]

Medical roundup

  • “Doctors as Data Entry Clerks for the Government Health Surveillance System” [Jeffrey Singer, Cato]
  • “Judge Orders Spine Surgeon to Pay Discovery Fees Over Funding Model” [Greg Land, Daily Report Online (Atlanta); defense lawyer says case “throws a harsh light on the interaction between personal injury lawyers, healthcare providers and litigation funders”]
  • What if feds’ enforcement policies on truthful off-label pharmaceutical promotion run aground on First Amendment considerations? [James Beck, Drug and Device Law]
  • Chronic pain patients: “Civilian Casualties Continue to Mount in Governments’ War on Opioids” [Jeffrey Singer] Feds’ tightening of opioid scheduling cut refills, but increased number of pills initially prescribed [same] So sinister for psychiatrist to take cash payment and keep night hours in a rented office, or is it? [Ira Stoll]
  • Certificate-of-need laws: “North Carolina Doctor Sues to Break Up State-Enforced Medical Cartels” [Christian Britschgi, Reason]
  • Law firm of Morgan & Morgan, awarded contingency contract for Kentucky opioid suit, holds fundraiser for Kentucky AG Andy Beshear [Legal NewsLine]