A Commission in the State of Washington regulates the practice of pharmacy. Violation of the Commission’s rules constitutes grounds for revocation of a pharmacy license. The rules require a pharmacist to deliver lawfully prescribed drugs or devices to patients, and a pharmacy objecting to the rules may not refer a patient to another pharmacy. The […]
Human Guinea Pigs In Chemical Weapons Program.
From the inception of the U.S.’s chemical weapons program during World War I until the mid-1970s, the United States military conducted chemical and biological weapons experiments on human subjects, and tens of thousands of U.S. armed service members were intentionally exposed to a range of chemical and biological agents. In this class action, plaintiffs are […]
Affordable Care Act “Obamacare” Upheld.
Virginia residents challenged an Internal Revenue Service final rule implementing a premium tax credit provision, section 36B of the Patient Protection and Affordable Care Act, which authorized tax credits not only for purchases of state-established health insurance exchanges, but also purchases on exchanges established by the federal government if States did not establish exchanges. The […]
Nurse Drawing Blood For Police Department Alleges She Was Sexually Harassed By Police Officer.
A nurse alleges that while she was providing phlebotomist services to a police department, she was sexually harassed by a City police officer. A jury awarded damages against the City, and judgment was entered for $1.125 million. In its motion for JNOV, the City argued the nurse [who was not a City employee, or a […]
Statute Of Limitations Against Hospital For Slip And Fall.
While plaintiff was hospitalized, she went into the bathroom in her private room. While she was in the bathroom, someone mopped the floor of her room. Walking back to her bed, she slipped and fell and was injured. A cleaning lady said, “I’m sorry. I’m so sorry.” Within two years of the fall, but more […]
Just Because You Sit On A State Board Doesn’t Mean You Enjoy Immunity From Antitrust Laws.
North Carolina’s Dental Practice Act provides that the state’s Board of Dental Examiners is “the agency of the State for the regulation of the practice of dentistry,” and it principal duty is to oversee the licensing of dentists. The Board issued cease and desist letters to nondentists who were cleaning teeth at a lower cost […]
The Cost At A Hospital Is Different For You.
A man with no medical insurance signed an agreement to pay a hospital’s full charges when he received emergency care at a hospital. He later filed a consumer class action asserting claims under Business and Professions Code section 17200 and Civil Code section 1750. His complaint alleges the hospital “failed to disclose uninsured patients would […]
Defendant Served With Notice Of Violation Of The Consumer Legal Remedies Act (CLRA) May Not Maintain A Declaratory Relief Action To Establish There Was No Violation.
A consumer served a dietary supplement manufacturer with a one page notice and demand, pursuant to Civil Code section 1782 [ Consumer Legal Remedies Act; CLRA ] via certified mail contending that its product “Amberen,” was being marketed falsely and misleadingly as a “natural remedy for Menopausal symptom relief,” in violation of the CLRA. The […]
Hospital’s Lien For Treating Injuries Caused By Insured Tortfeasor.
Three patients, covered under a Kaiser Permanente health plan, were treated at an emergency room after being injured in a car accident caused by a third party’s negligence. The third party had insurance through California Automobile Association [AAA] and Allstate Insurance Company. Kaiser provided coverage through an agreement it had with the hospital, but neither […]
The Continuing Chronicles Of Proving Cost Of Medical Treatment.
In a personal injury action, defendants filed a motion in limine to exclude testimony by plaintiffs’ nonretained treating physicians on any expert opinions that were not formed at the time of and for purposes of treatment, but instead were formed for purposes of litigation. Defendants argued that Plaintiffs had listed 25 individual, nonretained treating physicians […]
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