Hot Topics - Legal/political - Lawsuits
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Legal/political - Lawsuits
March 1-7, 2004
►March 8, 2004 - New Jersey squelches lawsuit for advertising fraud - In the Courts - www.ama-assn.org
►March 3, 2004 - Legal aid verdict for parents in MMR fight - http://iccoventry.icnetwork.co.uk - "Parents who believe the MMR vaccine caused their son's autism will find out next week if they will have to abandon legal action against a drugs company...Roy and Sue Pargetter are appealing against a decision made last September which resulted in their legal aid being withdrawn."
February 23-29, 2004
►February 27, 2004 - Couple take US Health Department to court over buying drugs abroad - Medical News Today
►February 23, 2004 - New Data Refute Link Between Medical Malpractice Lawsuits and OB/GYN Insurance Premium Hikes - www.commondreams.org
►February 27, 2004 - Autism education case in court - The Record-Courier - "Saying there are 'kids that need serious help and never get it,' a Genoa couple is asking the Douglas County School District to implement a program that treats the needs of autistic children...Ranée and Sheldon Gaines expect a response March 8 from an independent hearing officer with the Nevada Department of Education. They will find out if they will be reimbursed $8,500 for autism treatment they paid for their 3-year-old twin sons, Jeremiah and Nehemiah."
►February 27, 2004 -
Parents refused aid to fight MMR - Parents who claim their children were
damaged by the MMR jab have lost their latest bid for legal aid to sue the
manufacturers of the vaccine. - BBC - "Officials said that since there was no
scientific proof that the children had been damaged by the vaccine, there was
little chance it would succeed...The children involved in this case have a range
of disabilities, including autism, bowel problems, epilepsy and other learning
difficulties...Some parents are now considering taking their legal campaign to
the Court of Appeal."
►February 27, 2004 -
Funding Blow for MMR Battle Parents - PA News via The Scotsman
►February 28, 2004 -
Vaccine parents vow to fight on - The Scotsman
►February 27, 2004 -
MMR Campaigners Vow to Continue Compensation Fight - PA News via The
Scotsman - "'Since this litigation
will no longer be funded, and there is no sign that the Government or
pharmaceutical companies are taking up the very serious questions that research
in the litigation has posed, we as a law firm representing many grievously
injured children will now have to consider whether we press the Government to
properly investigate matters the drug companies have attempted to sweep under
the carpet.'”
►February 23, 2004 - Johns Hopkins Settles in Toddler's Death (requires registration or subscription) - AP via The New York Times
►February 26, 2004 - Vaccine Program Remedies Must Be Exhausted Before Filing Suit - The Legal Intelligencer via www.law.com - "A couple whose son suffers from autism because of an alleged adverse reaction to thimerosal, a mercury-based preservative once present in vaccines for newborns, may not file suit in Pennsylvania against a group of pharmaceutical companies until they exhaust administrative remedies available through the National Vaccine Injury Compensation Program, the Pennsylvania Superior Court has ruled...According to the Superior Court opinion, the federal Vaccine Act of 1986 requires that before commencing any state or federal claims, vaccine claimants must first file a petition with the "no-fault" compensation program, a special tribunal of the Federal Court of Claims known as the Vaccine Court and located in Bethesda, Md."
►February 27, 2004 - Vaccination: Mother's anger at withdrawal of MMR jab legal aid - The mother of an autistic child today hit out at a decision to cut legal aid for families who are attempting to prove the MMR jab ruined their children's lives - The Peterborough Today, UK - "'To pull funding at a time when the evidence is quite clearly becoming extremely strong is absolutely outrageous...'It's the ultimate insult to deny that these children are ill and have got a problem and to deny them their day in court.'"
►February 27, 2004 - MMR scientist did not hide link with legal case, letter reveals - by Jeremy Laurence, Health Editor, The Independent, UK - "Andrew Wakefield, the researcher who sparked the MMR scare with a paper in The Lancet six years ago, did not cover up his links with the Legal Aid Board, it emerged yesterday...Dr Wakefield was accused at the weekend of failing to disclose the conflict of interest over his research at the Royal Free Hospital in London, suggesting a possible link between the MMR vaccination and bowel disease and autism, which has led tens of thousands of parents to boycott the triple vaccination...But he did reveal his links with the Legal Aid Board in a letter published in The Lancet on 2 May 1998, less than three months after his original research paper."
Comment: "RFD Comment: 'The plot thickens...'" To read the rest of this comment and get the kind of insight into health issues only Nicholas Regush can provide, go to www.redflagsdaily.com (Much of the website now requires a subscription.)
►February 27, 2004 - Journalist takes MMR battle away from high court - MediaGuardian, UK - "A freelance journalist is hoping to use his upcoming legal action against medical journal the Lancet to move the debate about the controversial MMR jab from the high court to a county court in south London.,,Brian Deer said he was taking his claim for damages relating to a breach of confidentiality over his exclusive story on the man behind the claims that MMR may be linked to autism to Lambeth county court on Monday.
►February 23, 2004 - The blame drain - The Gulf War veterans are blaming their lawyer for the collapse of their case against the MoD. Jon Robins hears both sides of the story - www.thelawyer.com
February 16-22, 2004
none selected this week
February 9-15, 2004
►February 11, 2004 - Man Gets $850,000 After Wrong Surgery - AP via The Herald-Sun
January 26 - February 8, 2004 (2 weeks combined due to illness)
►February 5, 2004 - Gulf war syndrome: the legal case collapses - The Guardian, UK - "An eight-year, multimillion pound legal battle by more than 2,000 veterans for compensation for Gulf war syndrome has collapsed because there is not enough scientific evidence to prove their case in court."
►January 26, 2004 - Rise in biotech lawsuits Industry blames law firms looking for new targets, but some investors claim companies misled them - San Francisco Chronicle
January 19-25, 2004
►January 24, 2004 - Researchers accuse WHO and Global Fund of malpractice - journal article (BMJ) - "An international group of 13 malaria researchers has accused WHO and the Global Fund of medical malpractice for supporting the use of ineffective malaria treatments. This practice, says the group, at the very least 'wastes international aid money, and at most, kills patients who have malaria.'"
►January 24, 2004 - Parents convicted of killing to have their cases reviewed - journal article (BMJ) - "Major changes in England and Wales relating to the handling of cases in which mothers are suspected of killing their babies were announced this week by the Court of Appeal and the attorney general...Hundreds of parents convicted of killing their babies are to have their cases urgently reviewed, said the attorney general after the appeal court called for an end to the prosecution of parents when experts' opinions on the cause of death differ."
►January 19, 2004 - Convictions in 250 'cot death' cases to be reviewed - The Independent, UK - "The Attorney General today announced a review of more than 250 cases in which parents have been convicted of killing children under the age of two...Lord Goldsmith announced the review after the Court of Appeal called for a halt to the prosecution of parents for murdering their babies when expert evidence points to the possibility of 'cot death'."
►January 22, 2004 - Cot deaths and the adversarial justice system - letter - The Herald, UK
►January 20, 2004 - Organ scandal families sue NHS - The Herald, UK - "More than 2000 families are taking the NHS to the high court for removing organs of dead patients without consent."
January 12-18, 2004
►January 6, 2004 - Minimizing the Risk of Malpractice Claims - Introduction and The Malpractice Climate - (registration required) - ACS Surgery: Principles & Practice via www.medscape.com
►January 13, 2004 -
Pa. courts asked to collect malpractice suit data - AP via Pittsburgh Post-Gazette - "The state Supreme Court's chief justice wants local court officials across the state to report the number of medical-malpractice claims filed in the past four years and monitor new cases as they come in...Doctors' groups have complained that skyrocketing insurance rates are forcing them to leave the state and have lobbied aggressively for reforms that would lessen their insurance burden."►January 19, 2004 - Litigation Could Make Vaccines Extinct - Congress must act--it has the legislative model in hand (requires registration) - The Scientist - "Vaccines have eradicated some killer diseases and protected against others. But they face eradication themselves--by litigation. As the United States rushes to defend itself against bioterrorism by developing vaccines against biological agents, Congress must pass legislation to ensure that vaccines themselves do not become extinct...All vaccines carry risks, including side effects such as encephalitis. For example, severe allergic reactions, such as breathing problems and shock, can occur in less than one in a million doses of diphtheria, tetanus and pertussis vaccine.1"
Comment: Why is it almost always assumed there is no good reason for these lawsuits? Perhaps there is ample reason to be concerned about vaccines. For instance, perhaps the incidence of vaccine adverse reactions is far higher than what is admitted to by the "experts". For more on the incidence of vaccine-associated adverse reactions go to Scandals: Avoidance Of Vaccine Truth But Not Consequences - Are We "Knee Deep in the Big Muddy"?
And what of the statistical methods to analyze the data? One commonly used tactic, using doses, as in the above example, skews the results whenever multi-dose vaccines are used. For instance, in the above example cited in The Scientist, given that children receive 4-5 DOSES of DPT vaccine, severe allergic reactions would then be thought to occur in at least one in 200,000 to 250,000 CHILDREN. If you factor in under-reporting, thought by even the FDA and at least one vaccine manufacturing company to be considerable, the numbers re: severe allergic reactions alone are not so reassuring and could be as frequent as 100/200,000 or 1 in 2,000 CHILDREN. For more on this go to Scandals: Contemporary Legends - How To Lie With Statistics I
►January 12, 2004 - Supreme Court upholds secret detentions - MSNBC - "(The court) Rejected an appeal from St. Louis University in a case involving a polio vaccine. The university was ordered in 1991 to pay $16 million to the family of a baby who contracted polio and was paralyzed after receiving vaccine. The university tried to recover the money from the government and American Cynamid Co., the vaccine maker. The university claimed the vaccine Orimune, which was given to Danny Callahan, violated government regulations. The case is St. Louis University v. American Cynamid Co., 03-557."
January 5-11, 2004
►January 10, 2004 - Jury Tacks on $8 Million in Cancer Death (requires registration or subscription) - The New York Times - "or the first time in New York State, a jury in Brooklyn yesterday said a tobacco company should pay punitive damages for the lung cancer death of an individual smoker."
December 29, 2003 - January 4, 2004
►December 29, 2003 - Worried Pain Doctors Decry Prosecutions - Washington Post - "Jeri Hassman, one of Tucson's busiest pain doctors and a specialist in rehabilitation, was getting ready to inject a patient with a pain-killing treatment one day in March when federal officials burst into her Calmwood clinic, took off her jewelry, put her in handcuffs and led her to jail...Hassman was stunned. She does not deny that she prescribed a lot of powerful drugs to many patients, but she insists she was following good medical practice when she did."
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