Blog

The use of ghostwriters---professional writers who assist non-writers to write a book or article and who are paid for their work but receive no public credit for their efforts---hence the ghost in the term---are widely used. It is common for professional sports stars, politicians or actors to utilize ghostwriters when writing their Great American novel. Football players play football: they dont write for a living. Politicians schmooze: they dont write for a living. And actors act, not write. So its no surprise that when an actor or athlete writes a book, he or she doesnt do it alone. The player, star or politician provides the material, anecdotes and subject expertise and the ghost provides the writing ability. And together, they produce a polished work.

Many of you have no doubt heard the repeated hue and cry of some who complain that doctors are being put out of business because of medical malpractice claims and the increasing malpractice insurance premiums they must pay. The press accounts of patients going without doctors in parts of the country where insurance premiums for doctors are alleged to be the highest are repeated almost daily. Likewise, the tales of the paucity of obstetricians and other high risk specialties, again allegedly due to high malpractice insurance premiums are spread like a virus through the internet and blogosphere.

CNBC reports that the tough economic times have taken their toll on the Repo Man as well. The creditors who hire the repo men have been trying to cut costs, which has led to a decrease in revenue and jobs in the automobile repossession business. Even though delinquent auto loans are at a record high, creditors are desperate to keep present loans serviceable primarily because the values for repossessed cars (and used cars generally) have fallen, just like real estate prices have during this Great Recession.

Partner, Janet Walsh was recently honored by being included in the Irish Voices list of the "75 Most Influential Irish American Women." This honor was bestowed for her contributions to Irish American society and particularly because of her involvement with the Irish American Bar Association of New York and its role in the Irish American community. Janet is a past president of the Association and currently serves on the Board of Directors. Congratulations on this achievement, Janet!

The July 2009 issue of the Journal of the American Medical Association (JAMA) contains an article analyzing the 1999 to 2005 death rate from mesothelioma, a cancer of the lining of the lung caused by exposure to asbestos. The article is based on a report from the National Institute for Occupational Safety and Health (NIOSH). 18,068 deaths attributed to mesothelioma were reported during that time period, with an increase from 2,482 deaths in 1999, to 2,704 in 2005. The JAMA article recommends that physicians should document the occupational history of all patients who are suspected to have and are confirmed to have mesothelioma.

The U S Food and Drug Administration (FDA) is an agency that is part of the United States Department of Health and Human Services. It is responsible for the regulation and oversight of many products consumers use on a daily basis, such as foodstuffs, drugs (both prescription and over the counter, or OTC drugs), medical devices (for example pacemakers and artificial joints), vaccines, radiation emitting devices (x-rays), veterinary products and even cosmetics! In 2004 the FDA employed 14,000 persons in its various departments. In 2009, the FDAs budget was nearly 2.5 billion dollars, with nearly 628 million of that coming from user (pharmaceutical company) fees.

Jonathan Miller and team have won a victory in the PA Supreme Court upholding strict liability in the case Bugosh v. I.U. North America, Inc..

What is Strict Liability?
In essence, strict liability holds a manufacturer or seller liable for harm done by his product, whether or not he knew or should have known that the product could cause that harm. Strict liability can attach for harm from a poorly designed product, a poorly manufactured product, or the failure to warn adequately of the hazard from the product.

On March 18, 2009, a New Jersey Appellate Court ruled against two companies which had tried to compel an autopsy of a man who had just died of mesothelioma. To make matters worse, the two companies, Honeywell and Chrysler, did this between the time his family and friends had just departed from Spotswood, New Jersey, gravesides services, and the time the man's remains were to be buried.

Harry St. John had just passed away on February 28, 2009 and the burial services were March 4, 2009. Mr. St. John contracted the fatal cancer from asbestos exposure at his father's auto repair shop. The asbestos companies stayed the burial services after the family had left the grave site.

The U.S. Supreme Court on March 4, 2009 issued what will be one of the most important decisions of this term. In Wyeth v. Levine, the court wrote in a 6 to 3 opinion a sweeping and powerful rejection of Wyeth's argument, that plaintiff's right to sue was barred by the concept of federal preemption.

Plaintiff's arm had to be amputated when the drug Phenergan was injected into her vein by the IV-Push method. A jury found in her favor, finding that Wyeth failed to adequately warn of the risks of this method. Wyeth argued that it was immune from suit and the jury's finding must be overturned.

Two lots of Duragesic pain patches were recalled on December 31, 2008 by the Pri-Cara division of Ortho-McNeil-Janssen Pharmaceuticals, Inc., which is a unit of Johnson & Johnson. The reason given was that cuts in the product might allow direct exposure to the fentanyl gel, which is a very powerful opioid. That exposure can cause a potentially fatal overdose.

There is a long history of recalls and of Public Health Advisories from the FDA regarding fentanyl pain patches. Millions of pain patches have been recalled. Manufacturers include Alza, Sandoz, Janssen, Mylan, Watson and Actavis. Actavis patches also involve the names of Corium International and Abrika Pharmaceuticals. The FDA has received hundreds of reports of fatalities associated with fentanyl patch use. Millions of dollars in jury verdicts have been awarded.