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Fighting for Justice Blog

May 10, 2011

Law school dean slams SCOTUS decision in Concepcion

Posted By: Katie Gommel

Erwin Chemerinsky, dean at UC Irvine School of Law, discusses the recent U.S. Supreme Court decision in AT&T Mobility v. Concepcion and the blow this delivers to American consumers. The Court decided that the Concepcions must have their dispute resolved in arbitration, a result that likely means no justice at all for thousands of other consumers. 
The Concepcions signed a take-it-...

May 9, 2011

H.R. 5 protecting negligent manufacturers and nursing homes, not patients

Posted By: Katie Gommel

Extreme legislation that limits the rights of victims has no place in the current atmosphere where Americans are continuing to face defective medical devices and negligent care in nursing homes.                                           
It was recently reported that the common “metal on metal” hip implants may have serious complications such as wear and tear that can lead to metal absorption into a patient’s body. 
Another disturbing trend is the...

April 26, 2011

CBS: Baby's death prompts war against hospital errors

Posted By: Michelle Widmann Kimmel

CBS’s “The Early Show” reported on the all too common story of preventable medical errors, and the victim this time was newborn Genesis Burkett. Genesis was given 60 times the normal dose of sodium during a routine procedure, but despite a blood test detecting these extremely high sodium levels, and a doctor’s orders, eight hours passed before any action was taken.



April 14, 2011

By Employing Safety Measures, VA Hospitals Significantly Reduced Deadly Infections

Posted By: Michelle Widmann Kimmel

Kevin Sack with The New York Times reports that a new VA study will "likely to step up pressure by further undercutting the notion, prevalent at many hospitals not long ago, that infections are an unavoidable cost of doing business." Sack points to the larger implications this could have on the safety of all Americans while in hospitals.

An aggressive four-year effort to reduce the spread of deadly bacterial infections at veterans’ hospitals is showing impressive results and may have broad...

April 13, 2011

US Government: FDA Allows High-Risk Devices to be Sold without Strenuous Testing

Posted By: Michelle Widmann Kimmel

The Government Accountability Office has found that high-risk medical devices are often approved for sale by the FDA without sufficient proof of safety. Bloomberg reported on the findings today and pointed out that many high-risk devices are cleared with minimal tests.

High-risk medical devices are approved for sale without sufficient proof of safety by U.S. regulators who don’t monitor recalls when concerns arise during marketing, the...

April 12, 2011

Big Announcement Today from HHS on Patient Safety Initiative

Posted By: Michelle Widmann Kimmel

Great announcement from HHS today. The Obama Administration has launched the Partnership for Patients: Better Care, Lower Costs, a new public-private partnership that will help improve the quality, safety, and affordability of health care for all Americans. This is a big step for consumers and will also help to lower costs by reducing medical errors.

Doctors, nurses and other health care providers in America work incredibly hard to deliver the best care possible to their patients....

April 11, 2011

National Law Journal Op-Ed on LARA

Posted By: Michelle Widmann Kimmel

The National Law Journal published a great Op-Ed by Gregory Joseph on the most recent attack on the civil justice system - the Lawsuit Abuse Reduction Act of 2011. Joseph argues that a previous mandatory-sanctions regime under Rule 11, in effect 1983 to 1993, was eliminated because it did not work. Why would we go back to a system that was already proven to not work?

Legislation has been introduced in Con­gress to reinstate, in a more aggressive form, the 1983 version of Federal Rule of Civil Procedure 11, under which sanctions were mandatory, not discretionary. The...