Archives: Health Care

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Fraud Unmasked in MMR/Autism Litigation

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

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

California Supreme Court Civil Issues Pending: Healthcare Related

[UPDATED THROUGH SEPTEMBER 8, 2016] What Are the Liability Limits of a Brand Name Manufacturer? After the Court of Appeal reversed to allow plaintiff to file an amended complaint after the demurrer was sustained, the Supreme Court granted review on the following issue: May the brand name manufacturer of a pharmaceutical drug that divested all ownership … Continue Reading