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• Toyota To Recall Some 2010 Prius Over Braking Problems
  Feb 07, 2010

  Braking problems have led to the recall of some 2010 Toyota Prius the automaker has announced, the New York Times reports, "Toyota Is To Recall 2010 Prius Model Cars for Brakes." - 61 - 70

• Fibromyalgia Drug Recall Urged
  Jan 21, 2010

  Recall of a fibromyalgia drug, Savella, by the FDA is urged by the group Public Citizen, which claims that the drug can cause dangerously high blood pressure reports ABC News, Group Urges Recall of Drug for Fibromyalgia. - 62 - 70

• Tort Reform Endangers Public
  Dec 07, 2009

  Tort reform poses a danger to public safety and welfare argues New York State Bar Association President Michael Gelnick in an essay in the New York Daily News, "Enough With the Tort Reform Myths." 
  
  Here's one of the best arguments as to why tort reform endangers the American public:
  
  Repeated studies have shown that approximately 100,000 people die each year due to medical malpractice in our nation's hospitals. These are not simply bad outcomes that were unavoidable; they are instances where physicians or hospitals failed to meet the normal standard of care - where other physicians deemed the damage done to have been avoidable.

  If a hospital, for example, allows an expectant mother to lie in one of its labor rooms, fails to notice for several hours that the fetal monitor shows the fetus in distress, and the child is born severely brain damaged, should that institution be protected from a lawsuit? How is that family going to pay for a lifetime of care for their child? What incentive is that hospital going to have to correct its procedures to prevent such an incident from ever happening again?

   

   

  - 63 - 70

• Merits of Tort Reform Decline With Malpractice Insurance Premiums
  Nov 25, 2009

  The case for tort reform, whose purported principal benefit is reduced medical malpractice insurance premiums, is undermined by the continuing decline since 2005 of medical malpractice insurance premiums.  Maggie Mertens marshals the facts and argument for this reality-based policy on the NPR blog, Shots, "Docs Case For Tort Reform Gets Harder To Make." - 64 - 70

• Neurontin Clinical Data May Have Been Manipulated
  Nov 16, 2009

  Clinical test data for Neurontin may have been manipulated regarding its effectiveness for unapproved, off-label uses, according to documents produced in a lawsuit reports bloomberg.com, "Data From Studies of Pfizer Neurontin Drug May Have Been Skewed."
  
  A report in the New England Journal of Medicine will reflect that data from Neurontin clinical trials that made it into medical journals was different than that produced in the original trials.  The article is "Outcome Reporting in Industry-Sponsored Trials of Gabapentin for Off-Label Use." 
  
  Pfizer paid $430 million in civil penalties in 2004 for pumping doctors to prescribed Neurontin for off-label uses.  - 65 - 70

• Report On Corporate Greed Endangering Americans
  Oct 30, 2009

  "They Knew and Failed To" is the newly released report by the American Association for Justice highlighting highlighting various instances of corporations engaging in negligent conduct, knowing about it, and failing to tell the public in order to increase profits. This compelling report focuses on multiple industries - medical devices, pharmaceuticals, consumer products, food safety and automobiles. - 66 - 70

• Tort Reform An Unjust Part of Health Care Reform Says Des Moines Register
  Oct 29, 2009

  Tort reform is not the answer to health care reform states the Des Moines Register, "Tort Reform Is Not The Answer."  Here is the simple truth:
  
  The truth is some Americans are injured by health-care workers. They contract infections when hospital workers don't wash their hands. They have the wrong foot removed in an amputation. They are victims of botched surgeries and negligent practitioners and preventable medical errors.
  

  These Americans have a right to pursue their complaints in the U.S. court system. Doctors do not deserve special protections from Congress in the event of such complaints.

  - 67 - 70

• Patients' Rights Given Short Shrift In Health Reform Bills
  Oct 20, 2009

  Patients' rights are getting short shrift in the health reform bills pending in Congress reports the Los Angeles Times, "Healthcare Bills Lack Protections Against Treatment Denials, Experts Say."  While the proposed legislation will require coverage of all persons, including those with pre-existing illness, that mandate will create incentives for insurance companies to deny coverage for treatments, thus establishing the illusion of insurance coverage.  Persons who obtain their medical insurance through employement and thus be subject to ERISA will have little practical legal recourse from such denials.  Remedies for treatment denials under ERISA are almost always limited to the cost of the denied treatment, which is practically nothing if death results from the treatment denial.   

  - 68 - 70

• Reverse Mortgages for Seniors Target of Consumer Report
  Oct 11, 2009

  Reverse mortgages, which allow seniors to cash in their home equity, may be subject to the same consumer abuses as found in the sub-prime mortgage mess according to a report in the San Francisco Chronicle, "Abuses Found In Reverse-Mortgage Marketing."   - 69 - 70

• Calls for Tort Reform Condemned; Why Are Americans Demanding Their Rights Be Taken Away
  Sep 08, 2009

  In America an individual has the opportunity in court to redress wrongs done him or her by the largest corporations, insurance companies or the government. This right was so important that the Founding Fathers enshrined it in the Constitution. Yet Americans are showing up at town hall rallies angrily demanding that their rights be taken away from them in favor of insurance companies.
  
  Scott Maxwell discusses this odd development in "Medical Malpractice Reform Won't Slash Health Care Costs," his column in the Orlando Sentinel. - 70 - 70

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