- Outcry among British doctors after trainee pediatrician convicted of negligent homicide in death of patient following systemic errors at understaffed hospital [Telegraph, Saurabh Jha, Medscape, General Medical Council]
- “There’s no particular reason to think that smokers will be happier with denatured tobacco than drinkers have been with weak beer.” [J.D. Tuccille on FDA plans to reduce nicotine level in cigarettes]
- “Why Doesn’t the Surgeon General Seek FDA Reclassification of Naloxone to OTC?” [Jeffrey Singer, Cato]
- “1 in 3 physicians has been sued; by age 55, 1 in 2 hit with suit” [Kevin B. O’Reilly, AMA Wire] “Best and worst states for doctors” [John S Kiernan, WalletHub]
- “Soon came a ‘routine’ urine drug test, ostensibly to ensure she didn’t abuse the powerful drug. A year later, she got the bill for that test. It was $17,850.” [Beth Mole, ArsTechnica]
- Milkshakes could be next as sugar-tax Tories in Britain pursue the logic of joylessness [Andrew Stuttaford, National Review]
Noting that Britain’s 2006 Noise at Work Regulations “recognize no distinction as between a factory and an opera house,” a British judge has approved the claim of a violist for the Royal Opera House Covent Garden who says he suffered hearing loss from the loudness of the close-by brass section during a rehearsal of Die Walküre, part of Wagner’s Ring Cycle. Damages are yet to be determined; he is seeking £750,000. [Mark Savage, BBC] The opera house argued that it had gone as far as a reasonable employer to reduce the risks of loudness, including issuing ear protection which he was using, and that his condition “had in fact been the result of his coincidentally developing Meniere’s disease at around the same time.” [Damien Gayle, Guardian] Earlier on the United Kingdom regulations on sound in the workplace here (police dogs’ barking, with links to many other posts), etc., and related here and here on European orchestra noise regs.
- Burdensome though it is in other ways, HIPAA does not create a private right of action, so no big-ticket damage suits. Connecticut high court rides to rescue by creating new tort for breach of medical confidentiality [Steven Boranian, Drug and Device Law]
- Details of cases aside, once again, should federal law really be requiring healthcare employers to grant religious exemptions to staff unwilling to undergo flu vaccination? [Department of Justice press release on suit against Ozaukee County, Wisconsin; earlier on EEOC settlement against North Carolina hospital]
- First Amendment should come into play when FDA bans drug providers from making truthful statements about their therapies [Henry Miller and Gregory Conko, Reason] And a Cato panel discussion on FDA regulation of speech with former Vascular Solutions CEO Howard Root (author of “Cardiac Arrest”), Christina Sandefur of the Goldwater Institute, and Jessica Flanigan of the University of Richmond, moderated by Cato’s Michael Cannon;
- “Uberizing Nonemergency Medical Transportation” [Ann Marie Marciarille, Prawfsblawg]
- “Protecting Reasonable Physician Choice in Medical Product Cases” [Luther Munford, Drug and Device Law]
- Britain’s National Health Service lurches toward crisis in negligence payouts [BBC, Paul Goldsmith, Centre for Policy Studies]
Public Health England “is ‘demanding’ a calorie-cap on supermarket ready meals that would limit breakfasts to 400 calories and lunches and dinners to 600 calories each.” That’s among numerous nanny-state initiatives under way in the United Kingdom, including stringent guidelines on individual drinking and the introduction of a sugary drinks tax. Madsen Pirie, Adam Smith Institute:
It is not really government’s job to make people feel miserable, and it is certainly no business of theirs to legislate what people may or may not eat. The fact that the recommended limits are so low is justified by officials on the grounds that people will always exceed recommendations, so ultra-low ones will make them exceed to tolerable rather than intolerable levels. The problem with this approach is that the ultra-low targets simply discredit the whole process of recommendation. …
There is a very good case for proposing that government should stop doing this altogether. There is plenty of good medical advice that people can read in the press, and most people are aware of the ancient dictum, “Nothing to excess.” Most of us, I suspect, would like to indulge ourselves occasionally without having official bullies making us feel bad about doing so.
FATCA, the expatriate financial reporting law, has been a compliance nightmare for many ordinary Americans abroad, and soon it may vex the British royal family. Depending on how and whether Prince Harry mingles his finances with those of American-born fiancee Meghan Markle, various aspects of Crown finances might have to be reported to American authorities. “The United States and Eritrea are the only countries in the world that tax based on citizenship, rather than residency.” [Suzanne Lucas, Evil HR Lady/Inc.; Amy Alkon] More: Andreas Kluth, Bloomberg.
- “I believe in the First Amendment” and FCC has no authority to revoke licenses over newscast content, says commission chairman Ajit Pai [Jacob Sullum/Reason, earlier]
- She stoops to censor: British Crown and her Wiltshire police are not amused by your tweets [Andrew Stuttaford, BBC via Helen Pluckrose on Twitter; earlier here, here, here, here, here, here, etc.] Hate speech laws will in practice be used by the politically powerful against dissenters and radicals, part 761 [Guardian on case of woman questioned by detectives over banner denouncing conservative ruling party in Northern Ireland]
- “Congress members threaten Twitter with regulation if it doesn’t suppress ‘racially divisive communications’ and ‘anti-American sentiments” [Eugene Volokh on bill introduced by Reps. Bonnie Watson Coleman (D-N.J.) and Emanuel Cleaver (D-Mo.)]
- On the old “shouting fire in a crowded theater” trope, read this whole thread and then you won’t have to catch up later [Popehat on Twitter] Neither “extremist” speech nor “fake news” can be defined and identified closely enough for regulation to work [Cato Daily Podcast with Flemming Rose and Caleb Brown]
- Encyclopedia of Libertarianism article on freedom of speech is by Alan Charles Kors;
- “Screen Actors Guild Tells Court There’s Nothing Unconstitutional About Curbing IMDB’s Publication Of Facts” [Tim Cushing, TechDirt; earlier here and here]
- Crash-faking for insurance money, long a U.S. problem, happening in U.K. too [Legal Futures, Telegraph, compare]
- $5000 and an apology for a racist comment on AirBnB? Sounds good. Community service? Even better. A college course too? Why not? Plus more community service? Sure! [The Guardian, ABA Journal; settlement presided over by California state agency]
- Encyclopedia of Libertarianism now free online thanks to Cato Institute. My contribution was on Thomas Macaulay;
- Conservatives! Victory lies within reach! All you need to give up are your principles! [Jeremy Carl and Mark Krikorian, NRO, on idea of regulating social media and Internet providers as public utilities; more from Electronic Frontier Foundation on the new wave of electronic de-platforming; related yesterday on business ostracism]
- Per Judge Easterbrook, caption tells story of case: “The City of South Bend, Indiana, is suing one of its constituent parts.” [City of South Bend v. South Bend Common Council, Seventh Circuit]
- “Difficulty proving ‘criminal intent’ should be ‘a severe, even disabling, obstacle to prosecution.'” [Caleb Kruckenberg on this New Yorker piece deploring lack of more white-collar convictions]
“Tens of thousands of UK tourists have put in for compensation [for food poisoning] in the past year, even though sickness levels in resorts have remained stable,” reports the BBC, in what Mark Tanzer, chief executive of trade travel association Abta, says is “one of the biggest issues that has hit the travel industry for many years”. Travel firm Tui “said it had experienced a 15-fold rise in holiday sickness claims in the past year, costing between £3,000 and £5,000 a time.”
Joel Brandon-Bravo, managing director of Travelzoo UK, told BBC Radio 5 live’s Wake Up To Money that the upward trend was being driven by claims management companies.
“People are being called when they get back from holiday and encouraged to make claims and we’ve also seen evidence of them employing touts outside resorts encouraging people to make a claim and walking them through the process to make it easy for them,” he said….
Abta says the cases usually involve holidaymakers who have been abroad on all-inclusive deals, who argue that because they only ate in their hotel, that must have been the source of their alleged food poisoning.
Sometimes it is possible to cast doubt on the claims, per a report by Tanveer Mann at Metro:
Two British tourists who claim they were left ‘bed-ridden’ as a result of food poisoning actually had more than 100 drinks while on an all-inclusive holiday in Gran Canaria, according to their hotel bill….
The CEO of [defendant] Jet2holidays, Steve Heapy, said: ‘The sharp rise in the number of sickness claims is costing hoteliers and travel companies dearly, and it’s frustrating when so many are made a year or more after the holiday has ended.
There is also fear that some overseas resorts will begin barring access to British holidaymakers entirely as unprofitable.
In the BBC report, Abta “says laws designed to stop fraudulent claims for whiplash have instead pushed the problem of false insurance submissions on to overseas holidays instead. This is because of a cap on the legal fees that can be charged by law firms pursuing personal injury cases at home.”
Grenfell Tower tenants repeatedly complained about safety concerns; their landlord hired a lawyer who threatened to sue them for libel. pic.twitter.com/t9Rh6d0rXE
— Bruce E.H. Johnson (@BEHJ) June 19, 2017
“Grenfell Tower tenants repeatedly complained about safety concerns; their landlord hired a lawyer who threatened to sue them for libel.” [Bruce E.H. Johnson on Twitter] A fast-spreading fire at the North Kensington high-rise public housing tower resulted in more than 70 fatalities earlier this month.