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Health Law Developments - 10/15/07

2008 Florida Senate Bill No. 460 110th Regular Session (SUMMARY - NETSCAN) Congenital Craniofacial Anomalies/Coverage Study; Requires that the Agency for Health Care Administration, in consultation with the Office of Insurance Regulation, conduct a study evaluating the medical necessity, costs, and efficacy of mandating coverage by health insurers and HMOs for cranial- skull-molding orthotics and other therapies used in the treatment of deformational or positional plagiocephaly, etc. APPROPRIATION: $25,000. EFFECTIVE DATE: 07/01/2008. 2008 FL S.B. 460 (NS) Back to top

 2008 Florida Senate Bill No. 448 110th Regular Session (SUMMARY - NETSCAN) Breast Cancer/Lymph Node Dissection Coverage; Cites this act as the "Mary B. Hooks Act." Includes lymph node dissections under the provisions prescribing the length of a hospital stay relating to a mastectomy and the outpatient postsurgical followup care that any group, blanket, or franchise accident or health insurance policies, and HMOs must cover, etc. EFFECTIVE DATE: 07/01/2008. 2008 FL S.B. 448 (NS)

 Florida Insurance - Property and Casualty Florida Insurance - Property and Casualty - State Bill Tracking 2007 Florida House Bill No. 15 Third Special Session (SUMMARY - NETSCAN) Bogdanoff (Linked CS/H 0013-C, Compare CS/S 0016-C, CS/S 0040-C, CS/S 0042-C) Pub. Rec./Motor Vehicle Insurance; Creates a public records exemption for certain information regarding personal injury protection and property damage liability insurance policies held by HSMV. Authorizes conditional release of confidential and exempt information to specified persons. Provides for retroactive application of the exemption. Provides for future review and repeal of the exemption. Provides a statement of... 2007 FL H.B. 15 (NS)

 Rezulin (Federal Preemption): SUPREME COURT WILL HEAR CASE OVER MICH. DRUG LIABILITY LAW, Warner-Lambert Co. v. Kent, 11 No. 5 Andrews Drug Recall Litig. Rep. 2, Andrews Drug Recall Litigation Reporter October 11, 2007 The U.S. Supreme Court will consider whether 29 Michigan plaintiffs can proceed with liability claims over the diabetes drug Rezulin under a state law lifting protections for pharmaceutical companies if the manufacturer misled federal regulators in securing the disputed drug's approval. Although Michigan law shields drug companies from product liability suits, the exemption can be lifted if a plaintiff shows that the manufacturer defrauded the Food and Drug Administration during the drug certification process.

 Avandia: POPULAR DIABETES DRUGS GET 'BLACK BOX' WARNING, 11 No. 4 Andrews Drug Recall Litig. Rep. 4, Andrews Drug Recall Litigation Reporter September 10, 2007 The labels of five popular diabetes treatments, including Avandia, will be revised to include "black box" warnings on their increased risk of causing heart failure, the Food and Drug Administration has announced. The agency says the revised warnings -- the strongest the FDA requires -- will be applied to the labels of Avandia, Avandaryl, Avandamet, Duact and Actos. The labels urge prescribing physicians to observe patients carefully for signs and symptoms.

 Drug Regulation: DYING PATIENTS HAVE NO RIGHT OF ACCESS TO EXPERIMENTAL DRUGS, Abigail Alliance for Better Access to Developmental Drugs v. Von Eschenbach, 10 No. 7 Andrews Nursing Home Litig. Rep. 9, Andrews Nursing Home Litigation Reporter September 28, 2007 Terminally ill patients do not have the right to obtain experimental drugs that have not been approved by the Food and Drug Administration, a federal appeals court has ruled. In an 8-2 ruling the U.S. Court of Appeals for the District of Columbia overturned a decision a smaller panel of the same court reached last year.The majority of the full court ruled that dying people do not have a constitutional right to override the "collective judgment of the scientific and medical communities.

 Vioxx: NJ HIGH COURT REJECTS NATIONAL VIOXX CLASS ACTION, Int'l Union of Operating Eng'rs Local No. 68 Welfare Fund v. Merck & Co., 11 No. 5 Andrews Drug Recall Litig. Rep. 3, Andrews Drug Recall Litigation Reporter October 11, 2007 The New Jersey Supreme Court has declined to certify a national class of insurers and employee benefit funds seeking to recover money they spent on Merck & Co.'s recalled pain drug Vioxx. Reversing two lower court decisions approving a class led by a New Jersey labor union's employee trust fund, the unanimous high court said it may be difficult to apply the state's consumer-fraud laws to similar cases nationwide. 

 Vioxx (Discovery): VIOXX JUDGE ORDERS DOC PRODUCTION BASED ON E-DISCOVERY REPORT, In re Vioxx Prods. Liab. Litig., 11 No. 5 Andrews Drug Recall Litig. Rep. 4, Andrews Drug Recall Litigation Reporter October 11, 2007 A Louisiana federal judge has ordered Merck & Co. to produce discovery documents sought by the plaintiffs' counsel in the Vioxx multidistrict litigation proceeding based on electronic discovery guidelines recently set by a court-appointed special master. On Sept. 4 U.S. District Judge Eldon E. Fallon revised an order originally entered in August that adopted the recommendations of American University professor Paul R. Rice on how to sort discovery requests for thousands of pages of electronic d.

 Hormone Replacement Therapy: PA. JUDGE DISMISSES HORMONE THERAPY SUIT AS UNTIMELY, Coleman v. Wyeth Inc., 11 No. 5 Andrews Drug Recall Litig. Rep. 5, Andrews Drug Recall Litigation Reporter October 11, 2007 A Pennsylvania state court judge has dismissed a breast cancer victim's lawsuit against the makers of a hormone replacement therapy, saying the woman could not justify why she waited nearly four years after being diagnosed to file a claim. Judge Allan L. Tereshko of the Philadelphia County Court of Common Pleas rejected plaintiff Elizabeth Coleman's claim that Pennsylvania's two-year limitations period did not apply because she did not connect her 2000 breast cancer diagnosis with the hormone.