April 2009 Archives

A recent lawsuit alleges that the owner and operator of a private plane used to transport patients in serious accidents failed to meet minimum federal safety standards. It alleges that the Orthopaedic group that hired the helicopter failed to assure that the standards were properly met for the twin engine plane. The allegations suggest that the company was not certified to carry passengers for hire.
A recent lawsuit in Pennsylvania alleges that a hospital intentionally euthanized a brain injury patient in order to harvest organs for transplant purposes. The allegations suggest that a breathing tube was removed without authorization.
Recently, the estate of a dental patient sued his oral surgeon and obtained a verdict of 11 million dollars as a result of the suffocation death resulting from removal of wisdom teeth. This award was apparently the largest in New Jersey state history for dental malpractice. The decedent was 21 years old.
The Supreme Court recently provided an opinion that effectively insulated medical device makers from lawsuits. Democratic lawmakers have reintroduced legislation to overturn that decision by the Supreme Court. The proposed legislation is known as the Medical Device Safety Act. Opponents claim the bill will stifle innovation within the industry. Proponents suggest that there should be no immunity for negligence in the design or manufacture of medical devices as holding companies accountable for dangerous products is the main way to assure a higher degree of safety for such products.

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