Articles Posted in Advertising

handout-200x300It may be surprising that the questions went unasked before. The outcomes may be less than shocking. But patients, in a new and nationally representative survey, have told hospitals to bug off  with their relentless grubbing for donations from the people they care for.

Doctors and ethicists long have been wary of the huge energy that big hospitals and major academic medical centers sink in to soliciting donations and how institutions’ policies and practices for fundraising may sully public perceptions that medicine is about money and not science or compassionate care, the New York Times reported.

And while medical philanthropy has become an important and central concern of many hospitals and academic centers, driving big and booming “advancement” operations and wrapping doctors into dollar-raising moves, researchers had not delved until now into patients’ thinking.

poundlogo-300x84The Pound Civil Justice Institute (I’m immediate past president) held its annual forum for state court appellate judges on July 11 (virtually, for the first and hopefully last time) on the topic of “Dangerous Secrets: Confronting Confidentiality in Our Public Courts.”

This important topic has long  been close to my heart. I’ve written and talked to plaintiff lawyer groups all over the country about why we need to resist secret settlements of our lawsuits and protective orders that hide hot documents, and other related secrecy matters. Confidentiality is bad for the plaintiffs’ bar, bad for the justice system, bad for our clients, but good for defendants.  Read more by clicking here.

Now I read in the Baltimore Sun that Maryland attorney Steven Snyder has been charged by the Maryland Attorney Grievance Commission with trying to extort $50 million from the University of Maryland Medical System to keep quiet problems in the UMMS transplant program that his clients’ experiences threatened to expose.

drugnovartislogo-300x127Big Pharma focuses relentlessly on always making a buck, no matter the cost to the rest of us, and even a viral pandemic that infects 2.8 million Americans and kills roughly 130,000 of us won’t interrupt the corporate rapaciousness.

That’s the reality that federal prosecutors have reminded the public about with an announced $678 million settlement with Novartis over the drug maker’s doctor prescribing- and kickbacks-scheme.  And it is what Gilead has shown with its planned pricing for remdesivir. It is an anti-viral drug that has shown modest effect in shortening the course of Covid-druggileadlogo-300x11519 infections and was developed with taxpayer funding.

The Novartis case also paints a damning picture of doctors’ complicity in taking bribes to defraud taxpayers (specifically the Medicare, Medicaid, and Veterans Affairs programs) by pushing company products, including the high blood pressure drugs Lotrel, Diovan, Exforge, Tekturna, Valturna and Tekamlo, and the Type 2 diabetes medication Starlix.

bayerlogo-150x150Leave it to corporations, even with the pressure of the civil justice system, to figure billions of ways to never say they are sorry — and to leave consumers hanging about problematic products and practices.

Johnson and Johnson just won a pyrrhic victory, prevailing in an appeals court, so a Missouri record $4.69 billion loss now has become $2.1 billion.

jjlogo-300x116That is the sum the court said the company owed women who developed female reproductive cancers after long use of the company’s famed baby powder. J&J insists its product is safe. But the appeals judges, while reducing the award against the conglomerate, also affirmed that J&J knew its talc was tainted with cancer-causing asbestos.

acavote-300x200In the middle of a pandemic with a novel virus that has infected at least 2.5 million Americans and killed roughly 127,000, and with 20 million people jobless, what is a prime Republican response? They are advancing yet again a court case to strip tens of millions of poor, working poor, and middle-class Americans of  health insurance.

By the way, when doing so — by seeking a total repeal of the Affordable Care Act — the Trump Administration and a collection of states led by Republican attorneys general also would put at huge risk key health insurance safeguards that Americans embrace, including:

  • They no longer would be guaranteed the protection of insurers denying them coverage based on pre-existing conditions.

herbicide-185x300Although Covid-19 is disastrous for people around the globe, Big Pharma is finding advantage in the infection: Bayer, a pharmaceutical and agricultural products’ giant, is on the brink of what would be an $8 billion-plus settlement of an estimated 85,000 lawsuits involving the familiar weed killer Roundup.

Bayer has taken a $39 billion hit to its market value due to the Roundup suits, which the German-headquartered conglomerate took on when it acquired St. Louis, Mo.-based Monsanto for $63 billion.

Bayer executives, analysts say, have wanted to resolve the big numbers of current suits while courts across the country have closed due to the pandemic, preventing not only more cases from being filed but also others from resolution. The company has lost a handful of suits, but they carried a big, collective, initial price tag — $2.4 billion. That sum has been slashed on appeal to $191 million and the company says, no matter if it settles thousands of other cases, it will continue litigating the adverse decisions.

zantac-300x169Big Pharma’s slavish devotion to maximizing profits and “enhancing shareholder value” has led industry executives to shove the manufacture of their products to far-flung shores. The dubious consequences of these moves have become clear not only with common, over-the-counter medications but also — with potentially tragic results — with drugs needed in the war on the Covid-19 pandemic.

Even before the world was terrorized by the coronavirus outbreak in China, safety advocates warned about serious “supply chain” issues in drug making, with one small lab sounding alarms about Zantac, a widely used over-the-counter heartburn pill.

Valisure, a commercial pharmacy that sought to distinguish itself by testing and assuring consumers of the quality of the drugs it sold, provided the federal Food and Drug Administration its lab tests and analyses as evidence that Zantac (aka ranitidine) was contaminated with, what the New York Times has described as, “a type of nitrosamine called N-nitrosodimethylamine, or NDMA, which is believed to be carcinogenic in humans and is found in a variety of products, including cured meats.”

Consumers need to stay informed and to protect their own interests, especially because big businesses — whether they’re car makers, grocers, or manufacturers of off-road vehicles — may put their own interests ahead of public safety.

With car makers, a leading highway safety group has spotlighted how only a select few of these global enterprises have reckoned with an unexpected consequence of high-tech, energy saving advances: Just six of the 2020 passenger vehicles deemed by the Insurance Institute for Highway Safety (IIHS) offer top-rated headlights as standard equipment. This is not just an issue for gear heads but is an important safety consideration affecting not only motorists’ capacity to navigate roads well but also to protect vulnerable pedestrians who are becoming traffic victims in rising numbers.

Grocers, meantime, have gotten called out by a notably public interest group for their lax approach in informing their customers about tainted food and recalls of risky products.

fdanulogo-300x126As snarky youngsters might say, “Well, OK, Boomer:” Federal watchdogs keep looking more than a little pitiful as they find they not only have fallen behind the times but keep racing to chase trends and technologies that have zoomed beyond their control.

In the meantime, consumers suffer the consequences.

Recent news reports show, for example, how vaping youths already may have found a big work-around with federal crackdowns on e-cigarettes and how social media has become a viper’s nest of not only quackery but a dubious diamond mine for Big Pharma exploitation.

practicefusion-300x169Federal prosecutors have provided 145 million reasons why enthusiasts may want to curb their exuberance about how high tech will work miracles in the U.S. health care system.

That’s because investigators have ferreted out “abhorrent” conduct by Practice Fusion, a San Francisco firm that specialized in electronic health care records software, according to the U.S. Attorney’s Office in Vermont.

“During the height of the opioid crisis, the company took a million-dollar kickback to allow an opioid company to inject itself in the sacred doctor-patient relationship so that it could peddle even more of its highly addictive and dangerous opioids,”  Christina E. Nolan, U.S. Attorney for the District of Vermont, said in a statement. Practice Fusion, she added,  “illegally conspired to allow [a] drug company to have its thumb on the scale at precisely the moment a doctor was making incredibly intimate, personal, and important decisions about a patient’s medical care, including the need for pain medication and prescription amounts.”

Patrick Malone & Associates, P.C. listed in Best Lawyers Rated by Super Lawyers Patrick A. Malone
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