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New study: Tort reform has not reduced health care costs in TX, Austin American Statesman 6-21-12 |
| New study: Tort reform has not reduced health care costs in Texas Austin American Statesman 6-21-12: A new study found no evidence that health care costs in Texas dipped after a 2003 constitutional amendment limited payouts in medical malpractice lawsuits, despite claims made to voters by some backers of tort reform. Access Will Tort Reform Bend the Cost Curve by Myungho Paik, Bernard S. Black, David A. Hyman, and Charles Silver. Click on the headline to access the article and the full study. |
Products |
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Genetically Modified Grass linked to TX Cattle Deaths |
| A mysterious mass death of a herd of cattle has prompted a federal investigation in Central Texas. Preliminary test results are blaming the deaths on the grass the cows were eating when they got sick. The grass is a genetically modified form of Bermuda known as Tifton 85 which has been growing here for 15 years. Preliminary tests revealed the Tifton 85 grass had suddenly started producing cyanide gas, poisoning the cattle. What is more worrisome: Other farmers have tested their Tifton 85 grass, and several in Bastrop County have found their fields are also toxic with cyanide. However, no other cattle have died. KEYE TV Austin, CBC News 06/25/2012 | Read Article: CBC News CBS 11 |
State Examining Claims About LipoTRON Device |
| State health officials are investigating a second allegation that a Fort Worth company is marketing a medical device for weight loss without FDA approval, according to documents the Statesman obtained through an open records request. The device is being used by spas, doctors' offices and weight loss clinics in cities nationwide. Many users of the LipoTRON 3000 say that the device, which uses radiofrequency electric fields that act like a microwave to heat the body, is a safe, painless way to melt fat and tighten skin without surgery. Mary Ann Roser, Austin American Statesman 06/25/2012 | Read Article: Austin American Statesman |
Laws/Cases |
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Suit Filed in Crash Caused by Indy Police Officer |
| An Indianapolis couple has filed a lawsuit against a local police officer who caused a car accident in 2010 that seriously injured the couple and killed another man. The couple was sitting on their motorcycle at a red light when the officer crashed into a motorcycle next to them from behind. One of the plaintiffs suffered "permanent brain damage" as a result of the crash, incurring $500,000 in medical bills. Kristine Guerra, Indianapolis Star 06/22/2012 | Read Article: Indianapolis Star |
TX Supreme Court: Injured Workers Can't Sue for Bad Faith |
| A split Texas Supreme Court on Friday eliminated the rights of injured workers to sue workers' compensation insurance carriers that act in bad faith, saying such litigation interferes with the state's workers' compensation system. The worker, Timothy Ruttiger of Galveston, later sued the insurance company, claiming the delay in getting his benefits damaged his credit, worsened his hernias and caused mental anguish, pain and suffering. A Houston jury awarded Ruttiger $173,500, plus attorney fees, but last summer the Texas Supreme Court ruled that Ruttiger take nothing under the insurance code and deceptive trade practices law. But the higher court sent back the bad-faith claim for reconsideration by a Houston appellate court. Before the appellate court acted, the Supreme Court granted a request for a rehearing. On Friday, the decision eliminated the bad-faith provision that had been law for 23 years. Laylan Copelin, Austin American Statesman 06/25/2012 | Read Article: Austin American Statesman |
Patent Defendants Lose Bid to Block Overseas Doc Review |
| Versata v. SAP was one of the biggest patent cases of 2011, producing a $345M verdict for Versata Software Inc. Patent lawyers are still talking about the case, but the topic of conversation has shifted to whether offshore litigation consultants can be trusted with confidential documents. A judge in Tyler ruled that offshore litigation consultants can review confidential documents produced in an unrelated patent infringement suit. The ruling sheds new light on allegations that an offshore litigation services company breached the confidentiality of documents produced in the Versata case, attracting U.S. Justice Department scrutiny. Jan Wolfe, The American Lawyer, Texas Lawyer 06/25/2012 | Read Article: Texas Lawyer |
Issues |
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Crackdown Intensifies on Barratry |
| Prosecutors are cracking down on a lesser-known, multimillion-dollar criminal enterprise in Texas: barratry. In practice, barratry ranges from small-scale operations to large-scale schemes. In the 2011 legislative session, the Texas House voted unanimously for a law that allows barratry victims to sue a lawyer or case runner to void an illegally solicited contract and collect any money paid to the lawyer plus damages. A person who is solicited, but does not sign a contract, can also sue for up to $10,000. BECCA AARONSON, Texas Tribune, The New York Times 06/25/2012 | Read Article: The New York Times |
Medical Societies’ Authority to Discipline Expert Witnesses Challenged |
| The American Academy of Orthopaedic Surgeons is fighting a jury verdict that found the society unfairly portrayed a former member who acted as an expert witness. A CA orthopedic sued the AAOS after the society suspended him for allegedly giving improper expert witness testimony in a medical negligence case. In May, a jury held that the society falsely portrayed the surgeon in a publication that detailed his discipline. The AAOS has requested that a judge throw out the verdict. The judgment is among the first where an expert witness has challenged medical society discipline and won a jury award, medical experts said. Alicia Gallegos, American Medical News 06/25/2012 | Read Article: American Medical News |
Labor/Employment |
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Woman: Coworkers Harassed Me Over My Looks |
| A former FBI employee in an Albuquerque office has filed a lawsuit against the Justice Department, saying she was "harassed and discriminated against" by her coworkers because of her good looks and success as a Latin singer. In her suit, the woman claims that after she was promoted, coworkers spread rumors about her, including accusations she slept with higher-ups to get a promotion. The Bureau launched an investigation as a result, but nothing was done to protect her from the harassment. Rheana Murray, New York Daily News 06/22/2012 | Read Article: New York Daily News |
Editorials/Columns/Letters |
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Editorial: Tort Reform's Slight Impact No Shock |
| It shouldn't have surprised anyone that a new study found that tort reform didn't lower health care costs in Texas, at least health care costs associated with Medicare. To a large degree, tort reform is an article of political faith empirically averse to contrary facts. There were other reports showing that many malpractice claims resulted in no compensation paid, that malpractice litigation wasn't a significant factor in overall health care costs, and that malpractice claims and awards had little to do with the rise in medical malpractice insurance rates. Supporters of tort reform never were inclined toward investigating the insurance industry to see what responsibility changes in the market bore for higher rates. Editorial Board, Austin American Statesman 06/25/2012 | Read Article: Austin American Statesman |
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