Here’s what other personal injury and workers’ compensation lawyers were talking about the week of December 19, 2013:
- Good Intentions, but Not-So-Good Consequences in Using Unapproved Medical Devices for Rare Diseases (Protect Patients Blog). As this article discusses, the humanitarian device exemption allows certain medical devices to be used on patients without having undergone the research trials generally required for FDA approval. Despite a doctor’s good intentions to treat a patient, a recent story in the New York Times highlights the dangers associated with medical treatment that relies on medical devices that have not passed the necessary rigorous testing.
- Temporary Work, Lasting Harm (Pro Publica). A ProPublica analysis of millions of workers’ compensation claims shows that in five states, representing more than a fifth of the U.S. population, temp workers face a significantly greater risk of getting injured on the job than permanent employees. For instance, in Florida, temporary employees are about twice as likely as regular employees to suffer crushing injuries, dislocations, lacerations, fractures and punctures, and three times as likely to suffer an amputation on the job.
- Firms to pay $1.1-billion in long-running lead paint lawsuit (Workers Compensation Law Blog). A California judge recently held that lead paint pigment manufacturers were liable for the injuries caused to children by placing the toxic lead pigment into paint. The lead paint pigment manufacturers were ordered to pay $1.1 billion to cover the remediation costs necessary to make homes and other buildings safe.
- How Generic Drug Immunity Could Be Making You Sick (The Pop Tort). As this article’s author points out, it generally takes 20 years for brand-name drug patents to expire during which time consumers are required to pay exorbitant prices charged by drug companies. As the article says, “the grotesque profit-driven priorities of Big Pharma to keep affordable drugs out of the hands of desperately ill people should make us all grateful for lower-cost generic drugs.” Except that generic drug industry has complete immunity for marketing drugs it knows to be unsafe.
- DTI Demonstrates Brain Injury Still Evident Even after Symptoms Subside (Traumatic Brain Injury Law Blog). A recent article in Forbes talks about a new study published online in the Journal of Neurology (November 20, 2013) and funded by the National Institutes of Health that found that even after most symptoms of a concussion had significantly subsided, there was evidence of ongoing brain abnormalities.