The Appellate Strategist

The Appellate Strategist

Insights on appellate issues, trial consultations, and evaluating appeals

Category Archives: Health Care

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Fraud Unmasked in MMR/Autism Litigation

Posted in Health Care
From the late 1990’s, a wave of litigation and controversy has washed over the public health debate concerning the alleged connection between the then widely-used childhood MMR (measles, mumps and rubella) vaccine and autism.  Beyond the scores of lawsuits, including class actions, the whirlwind drove down the vaccination rate (because concerned parents’ reservations about vaccine… Continue Reading

California, As Usual, Is First To Decide: 2003 Medicare Act Preempts Enrollee’s State Law Claims Against Healthcare Service Plan

Posted in California, Health Care
In 2003, Congress enacted the latest version of the Medicare Act.  It contained far broader language than previous versions on what State law claims it preempted: “The standards established under this part shall supersede any State law or regulation (other than State licensing laws or State laws relating to plan solvency) with respect to MA… Continue Reading