Monthly Archives: March 2017
Label Liability? How Food Labels are a Growing Source of Litigation
Litigation surrounding the accuracy of food labels has grown exponentially over the years. Numerous potential class action lawsuits have been filed by “consumer advocate” groups alleging that products were improperly labeled and violated U.S. Food and Drug Administration (FDA) labeling requirements, according to the Chicago Tribune. Below is a list of some of the… Read More »
Lax Cybersecurity Protocols Can Cost Your Company Millions
The U.S. Department of Health and Human Services (HHS) hit the Children’s Medical Center of Dallas with a non-appealable $3.2 million fine based on alleged breaches of HIPAA-protected patient and personnel information, according to Healthcare Informatics. HHS determined that there were at least three substantial breaches of electronic protected health information (ePHI) related to… Read More »
Package Insert Does Not Establish Standard of Medical Care
The Standard of Medical Care is an important legal doctrine that can make or break the defense for a medical malpractice lawsuit. In Texas, the standard of medical care is generally considered the duty owed to a patient by a medical professional. The standard, or duty, will vary based on multiple factors, including the… Read More »
Defeating a Mass Tort MDL Case by Case
A rarely spoken truth about mass tort lawsuits consolidated into multi-district litigation (MDL) is that many of the plaintiffs’ lawyers filing these suits actually do very little on their cases. The strategy is simple – a select group of plaintiffs’ attorneys are chosen to run the litigation. The remainder – which could be hundreds… Read More »
Dispelling Some Common Myths in Hip Implant Litigation
When some plaintiffs file product liability lawsuits alleging harm from a defective hip implant, they make two arguments that are specious at best: first, that the hip implant device is defective the moment it fails; and second, causation can be established for a failure-to-warn claim by asserting that the plaintiff would not have agreed… Read More »