Conflicts of Interest Category Archives — DC Medical Malpractice & Patient Safety Blog Published by Washington, D.C. Personal Injury Lawyers

December 22, 2022

High court lets stand California ban on flavored tobacco products

Californians have accomplished something that federal regulators have failed to — despite long, difficult campaigning. Voters in the biggest state in the nation not only have banned Big Tobacco from peddling its flavored products that target and exploit communities of color and the young. They also have defeated the industry in its legal challenges.

Big Tobacco had launched urgent appeals of the November ballot initiative banning flavored tobacco products only to see the U.S. Supreme Court decline to consider its case, the New York Times reported:

“As is the [high] court’s practice when it rules on emergency applications, its brief order gave no reasons. There were no noted dissents. R.J. Reynolds, the maker of Newport menthol cigarettes, had asked the justices to intervene before [Dec. 21], when the law is set to go into effect. The company, joined by several smaller ones, argued that a federal law, the Tobacco Control Act of 2009, allows states to regulate tobacco products but prohibits banning them … State officials responded that the federal law was meant to preserve the longstanding power of state and local authorities to regulate tobacco products and to ban their sale. Before and after the enactment of the federal law, they wrote, state and local authorities have taken action against flavored tobacco and e-cigarettes.”

December 13, 2022

As U.S. battles latest viral surge, GOP targets military vaccine mandate

by Patrick A. Malone

The nation’s military defense understandably takes a leading priority in public spending. But congressional Republicans have managed to put plenty of unpalatable elements into a Brobdingnagian appropriations bill that affirms an extreme view, undercutting the value of service personnel protecting themselves from deadly infections.

Over the objections of Pentagon brass and the White House, GOP members threatened to torpedo an $858 billion military spending bill unless the nation rolled back a requirement for U.S. troops to receive the coronavirus vaccine to serve.

The New York Times quoted Kevin McCarthy, the aspiring next House speaker and a California Republican (shown above), as saying this about GOP efforts to eliminate the vaccine mandate:

December 9, 2022

While surgeons operate often on the elderly, studies are just starting to detail the risks

by Patrick A. Malone

Seniors and their loved ones should take note of new and increasing data that researchers are developing about the risks undertaken by elderly patients who choose to undergo significant surgeries — procedures that make up a little less than half of costly operations performed in this country.

The numbers about invasive medical work can be mind-changing, especially for those with age-associated conditions, the independent, nonpartisan Kaiser Health News Service reported. As KHN’s “navigating aging” columnist Judith Graham wrote:

“Nearly 1 in 7 older adults die within a year of undergoing major surgery, according to an important new study that sheds much-needed light on the risks seniors face when having invasive procedures. Especially vulnerable are older patients with probable dementia (33% die within a year) and frailty (28%), as well as those having emergency surgeries (22%). Advanced age also amplifies risk: Patients who were 90 or older were six times as likely to die than those ages 65 to 69. The study in JAMA Surgery, published by researchers at Yale School of Medicine, addresses a notable gap in research: Though patients 65 and older undergo nearly 40% of all surgeries in the U.S., detailed national data about the outcomes of these procedures has been largely missing.”

December 7, 2022

In nursing homes and hospices, too little oversight, too much profiteering

by Patrick A. Malone

What happens when the highly vulnerable — older, sick, injured, and debilitated people — get left in the hands of profit-obsessed private enterprises operating under woefully lax regulatory oversight? Big messes abound, as news organizations have reported after taking deep dives into the workings of the “hustle” of for-profit hospice programs, or the chronic staffing shortages that prevail at far too many private nursing homes.

Sure, this is a hectic time of the year, and it can be a challenge to carve out the time to pore over the painstaking reporting of fine journalists who race to make public their major investigations before the year’s end (including to qualify for major professional prizes).

Still, for anyone concerned about destructive failures in the U.S. health care system, how they blow up over time, and how they get ignored until they become crises, the reports by ProPublica, the New Yorker, and USA Today are important reading.

December 2, 2022

Keep this holiday season merry, bright — and as safe as possible

by Patrick A. Malone

For consumers who were too stuffed from their Thanksgiving feasting or too weary of stressful bargain hunting to jam the malls or to flock to the internet for Black Friday deals, the words to the wise have started flowing on how the savvy will ensure their holiday gifts also keep loved ones safe from unintended harms.

Kids toys, of course, are always cause for caution at this time of year, federal regulators say. But grownups also can glean safety reminders from disconcerting reports about an increasingly popular and practical potential seasonal acquisition — the so-called “e-bikes.”

With toys, the federal Consumer Product Safety Commission has issued a timely and distressing study. The federal watchdog agency reported that in 2021:

November 27, 2022

College sports organization prevails in an early, difficult case on head injuries

by Patrick A. Malone

Armchair quarterbacks of the legal kind have raced onto the field, arguing that a Los Angeles jury verdict will help shield the National Collegiate Athletic Association from a potential avalanche of claims asserting the group did too little to protect young players from debilitation and death due to head trauma.

Maybe, maybe not.

Jurors rejected the case seeking $55 million from the NCAA, accusing the body that oversees collegiate athletics of failing to safeguard Matthew Gee, a University of Southern California linebacker on the 1990 Rose Bowl-winning squad.

November 23, 2022

Nursing homes reckon with big suits and prospect of tough staffing rules

by Patrick A. Malone

The Biden Administration is encountering stiff industry opposition but is forging ahead with plans to announce in coming months major regulatory reforms that advocates hope finally will force nursing homes to meet minimum staffing guidelines to care for some of the nation’s most vulnerable.

The tragic devastation of long-term care facilities and their residents by the coronavirus pandemic demonstrated the dire need for federal regulators to set baseline standards for nursing and other front-line resident care, critics say.

Their arguments have been bolstered by lawsuits against nursing homes and their subsequent disclosure of harms done to seniors, the sick, and injured — those who are so debilitated that they require substantial living assistance but too often do not get it due to substandard staffing and profit-driven decision-making by facilities’ owners and operators.

November 22, 2022

Walmart, with $3.1 billion plan, joins big pharmacies in settling opioid suits

by Patrick A. Malone

Walmart has offered to pay $3.1 billion to settle thousands of lawsuits filed against the deep-pocketed retailing giant, accusing it of complicity through its nationwide pharmacy operations in the lethal opioid abuse and overdose crisis.

The Bentonville, Ark., -based company insists it committed no wrong and the states, counties, cities, Indian tribes, and others who sued Walmart said it did not have as large a part as other pharmacy chains in inundating the country with powerful, prescribed painkillers.

Still, Walmart joins CVS and Walgreens in settling rather than confronting those who have found sustained success in seeking justice in the civil system, various news organizations have reported.

November 11, 2022

For beleaguered consumers, key health information is deceptive or scant

by Patrick A. Malone

Already sick, injured, and debilitated by age and other circumstance, U.S. patient-consumers get battered with misleading information from shady firms about insurance coverage under the Medicare program and with too little word from hospitals about too spare charitable care that could help the beleaguered with bankrupting medical bills.

Democratic investigators for the U.S. Senate Finance Committee have ripped outfits hustling private Medicare plans to seniors, saying that companies have, among other sketchy practices uncovered, “posed as the Internal Revenue Service and other government agencies, misled customers about the size of their networks, and preyed on vulnerable people with dementia and cognitive impairment,” the New York Times reported.

The investigators said they have cataloged dubious behaviors by vendors in 14 states of Medicare Advantage programs. The newspaper earlier has reported those health plans have become a highly lucrative line of business for insurers. They overstate how sick their patients are to put a bigger bite on taxpayers’ financial support of health coverage for those 65 and older, with Advantage plans enrolling a huge chunk of seniors now.

November 8, 2022

Nation’s biggest drug stores seek to settle opioid suits for $10 billion

by Patrick A. Malone

While critics keep throwing up a false narrative about “ambulance chasing,” self-enriching lawyers, their labors and the civil legal system have proven yet again their effectiveness in wringing financial justice for those harmed by health care giants.

The nation’s largest pharmacy chains have tentatively agreed to pay $10 billion in settlements for dispensing an avalanche of addictive, debilitating, and deadly prescription painkillers.

CVS and Walgreens, which had been among the staunchest holdouts in battling opioid litigation, both defended their business practices and denied any wrongdoing. They blamed doctors for excessive prescribing of powerful opioid drugs, which, federal officials say, fueled an abuse and overdose crisis that is worsening and killed more than 100,000 Americans last year.