Articles Posted in Conflicts of Interest

fdnybatteryfire-150x150For 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:

NCAAlogo2-150x150Armchair 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.

agedhands-150x150The 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.

walmartlogo-300x117Walmart 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.

charitycarehospitalskff-300x209Already 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.

walgreenslogo-150x150cvslogo-150x150While 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.

colonoscopynatinstitute-300x292Colorectal cancer remains  the third most commonly diagnosed form of cancer  in this country. It kills tens of thousands of Americans annually. Although detection of the illness is declining overall, and especially among older adults, specialists have expressed growing concern about its rising rates in younger patients. This has prompted experts to push for more screenings to discover this cancer earlier.

But a new, decade-long European study involving 80,000 participants has given experts in the field at least a pause and may be forcing a more nuanced consideration of colonoscopies — long considered a pricey, inconvenient, intrusive, but “gold standard” test in the battle against colorectal cancer.

The study offered a brusque reminder, especially to regular folks, that testing and early detection of serious illnesses do not automatically result in optimal outcomes that improve or extend lives. As Stat, the science and medical news site reported:

eisaibiogenlogo-300x110Seniors had reason to let out a whimper of pleasure when the Biden Administration announced that Medicare’s monthly, part B premiums would go down by 3% next year — the first such decline in a decade.

To be sure, the sums that they will save will be small, with most of those covered on the government insurance program next year paying $164.90 a month for Part B and seeing a savings of $5.20. But over the course of 2023, administration officials say, this sum will help seniors recoup what they were charged in 2022 when they were hit one of the largest, single-year Medicare premium increases in recent times.

So, while the head-spinning fiscal mess of Medicare costs may be straightening out a tad, the underlying debacle that caused it all is still festering and ready to cause more prescription drug regulatory fiascoes.

richmondcommtyhospital-300x153Big hospitals and hospital chains that enjoy the financial and reputational benefits of nonprofit or charitable status have taken major fire for maximizing profits while piling on patients’ crushing medical debt and exploiting the poorest and most vulnerable of the injured and sick.

Medical economists, in recent times, have zeroed in on hospitals and their opaque pricing schemes and sky-high costs as important contributors to the ever-rising, nosebleed U.S. spending on health care. Americans pay more on average than any consumers on the planet, while seeing some of the worst outcomes among peers in advanced nations. And with a third of U.S. health care spending flowing into hospitals — more than $1 trillion annually — shouldn’t the suits running institutions and big chains have expected greater scrutiny of their business practices?

Kudos to the nonpartisan Kaiser Health News service and NPR for showing how hospitals in the Dallas-Fort Worth area are thriving — by saddling patients in that metropolis with some of the heaviest per capita medical debt to be found anywhere in the country.

jJlogo-300x139Federal appeals judges have expressed skepticism about the scheming by Big Pharma and other big corporations to twist U.S. bankruptcy laws to let wealthy, powerful defendants shield themselves from major claims of harms filed by plaintiffs seeking justice in civil courts.

The U.S. Court of Appeals for the Third Circuit in Philadelphia has been asked to rule on the “Texas two-step” that Johnson & Johnson resorted to when hit with an avalanche of lawsuits over its legendary baby powder and claims by tens of thousands of patients who assert that asbestos-tainted talc contributed to or caused their cancer, NPR reported, noting:

“An attorney for Johnson and Johnson faced probing questions … over the corporation’s use of a controversial bankruptcy maneuver that has frozen tens of thousands of lawsuits linked to Johnson’s baby powder. During the hearing, members of a three-judge panel of the United States Court of Appeals for the Third Circuit in Philadelphia asked whether J&J had used the legal strategy to gain ‘a litigation advantage’ over roughly 40,000 cancer patients who have sued the company.”

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