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Health Provider News – February 10, 2023

Hall Render

deal to buy national physician practice Support grows for association health plans as small employer insurance costs soar Connecticut doctors call on legislature to tackle prior authorization during this year’s session CT hospitals support student-loan forgiveness, debt-free college programs to boost healthcare workforce DC D.C.’s

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Confident Learned Intermediaries Defeat Warning Causation

Drug & Device Law

They’re experienced at what they do and aren’t intimidated by plaintiffs’ counsel and their threats of malpractice claims if they don’t testify the way plaintiffs want them to. Further, “both doctors testified that they still prescribe [the drug] for patients with conditions similar to plaintiff’s condition.” Schering Corp. ,

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Suing the Certifiers – A Dangerous Undertaking

Drug & Device Law

Apparently, a fraudulent foreign-trained “doctor” treated the plaintiffs, none of whom claimed malpractice or any physical injury whatsoever. Anyway, this fraudulent “doctor” allegedly “touched them without informed consent” and caused them “emotional distress. Such power rests solely with the FDA.”

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No DTC Advertising Exception to Learned Intermediary Rule in Washington

Drug & Device Law

Plaintiff argued this conflicted with the learned intermediary rule because the FDA requires warnings to consumers when manufacturers market drugs to consumers. The FDA also requires warnings to physicians. But that does not mean that a doctor “abdicates [his] duty to exercise independent judgment.”

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FDA Safety Communication Not Enough to Support Punitive Damages Claim in New Jersey

Drug & Device Law

Today’s post is actually about a medical malpractice case. But it involves the interplay between an FDA “Safety Communication” and punitive damages, so we thought it was worth looking at. The FDA data showed that approximately.28% Notably, the FDA Communication was not enough. In Rivera v. Valley Hospital, Inc.

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Med-Mal Plaintiff Expert Standard of Care Opinion Unnecessary Due to FDA Warnings

Drug & Device Law

Of course, on the defense side, we’re usually as happy as clams if we can show that the Food and Drug Administration (FDA) has already decided which warnings are necessary, so let’s call it a day. Francisco is an unpublished, nonprecedential opinion about a medical malpractice, not product liability, case. 2023 WL 3589654 (Ariz.

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