Leahy Bill Would Hold Generic Drug Makers Liable

MONDAQ Abstract: Senator Patrick Leahy (D-Vt.) introduced legislation on April 25, 2012, to counter the effect of the Supreme Court's June 2011 decision in Pliva v. Mensing, 131 S. Ct. 2567 (2011). Mensing held that patients who claim injury from generic drugs cannot sue the manufacturer for failure to warn, even though patients who take the same drug, but the brand name, can. Senator Leahy's bill is intended to undo this perceived inequality. If it succeeds, the bill would not only place a heavy burden on generic manufacturers contrary to the intent of the Hatch-Waxman Act, but it would also ignore the reality of how prescription drugs are used in the healthcare system.

You can read this article on Mondaq: Bill To Undo Mensing Decision And Allow Patients To Sue Generic Drug Makers For Failure To Warn - 26 April 2012

Article by James W. Huston, Julie Park and Erin Bosman

Vermont Second Lowest in Medical Malpractice Payouts

According to the 2012 Medical Malpractice Payout Analysis for Physicians by Diederich Healthcare, Vermont ranks second from the bottom in total payouts for medical malpractice. The analysis shows that six states represent 51.4% of the total payouts for 2011. They are:

New York = $677,866,050
Pennsylvania = $319,710,250
Illinois = $242,108,800
New Jersey = $221,170,750
Florida = $218,123,050
California = $215,519,200

States on the other end of the list are:

South Dakota = $3,033,750
Vermont = $3,938,250
Wyoming = $4,235,000
North Dakota = $4,852,500
Alaska = $6,347,500. 

Vermont House Health Care Bill Includes Closer Look at Med Mal Reform

The Addison County Independent reporting on groundbreaking legislation passed by Vermont House for a single-payer health care system mentions that house bill 202 will also "examine reforms to Vermont’s medical malpractice system..." See the full article: House OKs health care bill with local support.

Vermont Medical Liability/Malpractice Laws

The National Conference of State Legislatures website summarizes the medical liability and malpractice laws by state. The chart is updated as of September 2010. It documents:

• Damage Award Limits or Cap
• Statute of Limitation
• Joint and Several Liability
• Limits on Attorney Fees
• Periodic Payments
• Patient Compensasion or Injury Fund
• Doctor Apologies/Sympathetic Gestures
• Pre-trial Alternative Dispute Resolution and Screening Panels
• Affidavit or Certificate of Merit
• Expert Witness Standards
• Medical or Peer Review Panels

Click here to view Vermont's Medical Liability and Malpractice Laws.

Insure.com Ranks Vermont as Least Costly State for Car Insurance Rates

Foster City, CA March 14, 2011 – Insure.com released a national survey today of car insurance rates by state. The rankings reveal above-average rates in Michigan, Louisiana and Oklahoma and lower-than-average car insurance premiums in Vermont and South Carolina. Surprisingly, a consumer’s driving record is not always the biggest factor in determining prices. Instead, Insure.com found that a number of non-driver-related factors have a significant effect on the average cost of car insurance for consumers in different states.

The percentage of uninsured drivers in a given state, along with other factors like weather and state insurance laws, are in large part what determine the average cost of auto insurance premiums.

According to Amy Danise, senior managing editor of Insure.com,

“We often think of car insurance prices strictly in terms of our own personal details, like our driving record and our coverage amount, but Insure.com’s rankings demonstrate how factors like state laws and the judicial system can be the driving force behind high rates.”

Michigan holds the spot as the most expensive place for auto insurance because it’s the only state that guarantees unlimited personal injury protection payments by law, which is very costly for insurance companies. Louisiana is the second most expensive state because of its judicial system, which generally favors individuals--meaning that insurance companies tend to lose in court, again driving up costs for insurers. By comparison, a representative driver in Vermont pays 87 percent less for insurance coverage than the same driver in Michigan because of the lower level of traffic congestion in Vermont and the large number of insurers competing for business.

Vermont Law Makers Mull Med Mal Reform

An Associated Press report in several news outlets indicates that Vermont legislators are seriously considering medical malpractice reform as a way to lower health care costs.

"In debates over health care reform both at the state and federal level, the issue of medical malpractice claims often gets raised, with a particular focus on the defensive medicine doctors are said to perform to prevent potential lawsuits."

The AP reported the chairman of the Judiciary Committee is recommending a study of the malpractice system as a way to lower costs..

Helmet Safety Advocacy Starts in VT

Dr. Robert Williams, founder of the nonprofit group PHAT (“Protect Your Head At All Times’’), is the helmet safety advocate from Vermont Children's Hospital behind PHAT helmet program...
Williams making headway - The Boston Globe

Heavy Trucks Forced Back onto Vermont Back Roads

Bloomberg news service carries news story about a traffic laws that force heavy trucks off the interstate to use back roads to pass through small towns across Maine and Vermont. The article reports...

"A pilot project that allowed trucks weighing up to 100,000 pounds onto interstate highways in the two states ended in December, forcing trucks filled with petroleum, gravel, paper products and other heavy loads back onto state roads that pass through residential areas and business districts."

To read the full article, click on: Bloomberg Heavy Trucks.

17 Medical Malpractice Claims Paid in Vermont in 2009

According to data compiled by StateHealthFacts.org, a website of the Henery J. Kaiser Family Foundation, there were 17 medical malpractice claims paid in Vermont in 2009 for a total of $6,845,000 — that's an average of $402,647 for paid claims. Vermont ranked 46th in the nation for total paid claims. In 2008, Vermont ranked 45th with $10,908,550 in total claims paid. For more state health data on Vermont, see: Vermont State Health Facts.

Vermont Ranked Healthiest State in the Nation

The 2011 American Health Rankings® puts Vermont on top as the healthiest state in the nation.

Vermont has topped the list of healthiest states for the last four years of published reports. Vermont has had a steady climb in the Rankings for the last twelve years from a ranking of 17th in the 1997 and 1998 Editions.

Vermont's strengths as a healthy state include:

• a high rate of high school graduation with 88.6 percent of incoming ninth graders who graduate within four years,
• ready access to early prenatal care with 83.5 percent of pregnant women receiving prenatal care in the first trimester,
• a low rate of uninsured population at 9.6 percent,
• high public health funding at $177 per person,
• a low percentage of children in poverty at 12.0 percent of persons under age 18 and
• ready availability of primary care physicians with 170.7 primary care physicians per 100,000 population. 

Vermont's challenges include a high prevalence of binge drinking at 17.3 percent of the population and moderate immunization coverage with 89.8 percent of children ages 19 to 35 months receiving immunizations. 

To learn more, you can click here to view the Vermont e-rating report card (or any other state).  

The report also shows that since 1990, Vermont decreased cardiovascular deaths from 401.7 to 241.1 per 100,000 population. These successes indicate that change is possible for all states when there is a united front to make progress on health outcomes.

How Do I File a Lawsuit in Vermont for an Injury?

Vermont Law Pertaining To Personal Injury — A Q&A

If you have been injured and are considering filing a lawsuit for personal injury in Vermont, or if you are a Vermont resident who may have a claim in Vermont arising out of an injury suffered elsewhere, the following Q&A offers some introductory information to help you explore a potential lawsuit.

What is the role negligence plays in filing a personal injury lawsuit in Vermont?

Generally, a personal injury action requires an injury sustained as a result of the failure of another to exercise reasonable care under the circumstances. Under Vermont's comparative negligence statute the plaintiff may not recover damages if her negligence exceeds the negligence of the defendant. However, if the plaintiff's negligence is less than that of the defendant, the plaintiff's verdict will be reduced in proportion to the amount of negligence attributed to the plaintiff.

Are there special circumstances related to auto accident injuries and truck accident injuries in Vermont?

The law governing personal injuries resulting from motor vehicle accidents (including auto accidents, truck accidents, tractor trailer accidents, motorcycle accidents and bus accidents) can be found in Vermont's safety statutes and Vermont case law. Generally, drivers are required to exercise reasonable care under the circumstances in their operation of motor vehicles. Violation of Vermont's safety statutes constitutes a rebuttable presumption of negligence.

How long do I have after an accident to file a lawsuit? (What is the statute of limitations in Vermont?)

In order to preserve potential legal rights, contacting a personal injury attorney as soon as possible from the date of an injury or death is critical. All states have statutes of limitations which prohibit bringing old claims for personal injury or medical malpractice under certain circumstances. However, even if a person was injured some time ago, she may still be able to bring a claim despite these laws.

Generally, the statutes of limitations in Vermont require that personal injury and medical malpractice claims be brought within three years from the conduct giving rise to the claim, but there are significant exceptions to these laws. Consultation with an attorney specializing in Vermont personal injury lawsuits regarding the nuances of the applicable statute of limitations is important. Generally, the time periods do not begin to run until the injured party has or should have discovered her injury and the fact that it may have been caused by defendant's negligence.

More on Statute of Limitations in Vermont

Cases for wrongful death in Vermont must be brought within two years from the discovery of the death, subject to specific exceptions.

For cases relating to a skiing accident, the statute of limitations is only one year.

This information is adapted by permission from information published by Vermont personal injury attorneys at law firm Maley and Maley of Burlington, VT. For more information on personal injury law in VT and how to file a personal injury claim, please visit their web site for more details.

Vermont Patient Safety Data Available

From The Hill

Patient safety data made available: Comparative data on patient safety and hospital quality are available online for the first time thanks to the The Commonwealth Fund’s WhyNotTheBest.org. The new measures, developed by HHS' Agency for Healthcare Research and Quality, are available from data submitted by hospitals in nine states: Arizona, Florida, New York, Illinois, New Jersey, Rhode Island, Texas, Vermont and Washington.

Report Names Vermont Least Successful in Med Mal Reform

A report by Pacific Research Institute (PRI) names Vermont, Rhode Island, Pennsylvania, Kentucky, and Iowa as the least successful in improving their malpractice laws. According to an online news item from Health Care News published by the Heartland Institute (whoever they are):

“Vermont has no limits on noneconomic or punitive damages, no limits on how much of the damages the plaintiffs’ lawyers can seize, offers drug makers or medical-device makers no protection for being in compliance with FDA or FTC regulations, and does not qualify the credentials of expert witnesses at trials...”

Learn more here.

Vermont Medical Malpractice Claims Data

According to 2008 data from The Henry Kaiser Family Foundation's statehealthfacts.org, Vermont led the nation in the average medical malpractice claim amount $839,119 (compared to $352,750 for the previous year). Certainly Vermont did not lead the total number of claims paid or the largest amounts paid. There were only 13 claims paid in Vermont in 2008.

When ranked by total dollars paid, Vermont comes in 45th out of 51 states (including D.C.).

See statehealthfacts.org for more interesting data on Vermont and any other state, such as:

• Total Hospitals
• Hospitals by Ownership
• Beds
• Beds by Ownership
• Admissions
• Admissions by Ownership
• Emergency Room Visits
• Emergency Room Visits by Ownership
• Inpatient Days
• Inpatient Days by Ownership
• Outpatient Visits
• Outpatient Visits by Ownership
• Medical Errors
• Mandatory Quality Reporting Requirement

Doctor and Methadone Clinic Settle in Auto Fatality

NEWFANE, VT - A Vermont man having been treated at a Methadone clinic in Massachusetts had high levels of methadone in his system when he had a head-on auto accident, which killed an 8-year-old girl, according to autopsy results as reported by the Barre Montpelier TimeArgus.com. Lawyers representing the girl's estate claimed the clinic and his personal physician failed to adequately monitor the man, settling the lawsuit for $1.8 million.

The news article states that girl's family sued:

"...Community Health Care Inc., which is based in Chicopee, Mass., and [the doctor] of Putney because of their care of [the man], who had a long history of heroin abuse and erratic driving, according to the suit filed in 2007 in Windham Superior Court. The case against [the doctor], who prescribed anti-anxiety medication for [the man] while he was on methadone, settled out of court in January, according to court records."

Read the full article here: Vermont methadone settlement.

Best Lawyers® Ranks Medical Malpractice Lawyers in Vermont

Who are the best medical malpractice lawyers in Vermont? Best Lawyers®, the annual peer-based listing of the best attorneys in each state, has selected 13 attorneys from the state of Vermont to include in its 2010 annual listing. See the listing here.

Burlington, VT attorneys selected for inclusion in the annual listing for Medical Malpractice Law include:  John Maley and Christopher Maley. Each is also listed in the Best Lawyers listing for Personal Injury Litigation.

Vermont Judge Pushes Mediation for Outstanding Cases

The Burlington Free Press reports that...

Judge Helen Toor said Wednesday that she will push to have longstanding cases involving alleged priest sexual abuse and malpractice by a Burlington eye doctor resolved during her stint as presiding judge at Chittenden Superior Court.

Read the full article on BurlingtonFreePress.com.

Vermont Family Is Awarded $1 Million for Death

According to a report in the Concord Monitor,

"The family of a Vermont woman who died following complications from her treatment at Dartmouth-Hitchcock Medical Center was awarded nearly $1 million by a federal jury this week in medical malpractice and wrongful death awards."

The case was related to complications from an improper IV.

In Vermont, Personal Injury Does Not Include Pet Injury

The Vermont Supreme Court affirmed on May 8, a lower court decision not to introduce non-economic damages, such as pain and suffering, into pet litigation.

In its ruling, the court explained that emotional damages are rarely permitted for injuries to others and generally not available for the loss of many close relatives. Therefore, even though pets have special characteristics as personal property and that people have unique emotional attachments to their pets, the court would not expand the law to provide recovery options for pets that are not available in many human-human relationships. To rule otherwise, the court stated, would be "a dramatic alteration to the law."

The Vermont Supreme Court joins a long line of state courts reaffirming the longstanding legal principle that emotional harm damages are not allowed in litigation over pets. In the past few years, state supreme and appellate courts in nearly thirty states have reaffirmed that emotional loss in pet injury and death cases is not compensable under any legal theory. In addition, a 2007 Gallup Poll found an overwhelming majority (63%) of Americans, including pet owners, said that pet owners should only be entitled to actual economic damages, and not pain and suffering-type awards.

See more details from Animal Health Institute.

Carbon Monoxide Lawsuit Is Settled

According to this article in the Burlington Free Press, Vt. victims settle carbon monoxide lawsuits. They include a wrongful death lawsuit filed by the family of a man who died of carbon monoxide poisoning, and a personal injury lawsuit filed by the girlfriend of the man. The death occurred at the Redstone Apartments near UVM in early 2005.

For more information, see the full article.

Wyeth: Company Complied With Law In Vermont Case - FOXBusiness.com

Wyeth: Company Complied With Law In Vermont Case

From FOXBusiness.com

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Personal Injury Settlement - University of Vermont

This via The Burlington Free Press:

"University attorneys agreed to pay $325,000 to Maria Dezotell of Jericho, whose husband, Lyman, 44, was killed as he drove from the Northeast Kingdom to work at IBM in Essex Junction with two colleagues."

According to the report, the plaintiffs claimed that a:

"UVM research team acted negligently by allowing a man involved in testing buprenorphine, a drug to treat heroin addiction, to drive home after taking a dose."

See details and full article at: University of Vermont Lawsuit.

Eye Doctor Cleared of Malpractice

BURLINGTON, VT — The Burlington Free Press carries this story of a Chittenden Superior Court jury clearing a Burlington eye doctor of medical malpractice and fraud after a three-week trial regarding a lawsuit by a patient who claimed "unnecessary cataract surgery." For the full article, click on: Jury Clears Ophthalmologist.

Food Safety: Product Liability - Vermont Couple Sues over Salmonella Outbreak

The Associated Press is reporting that the South Burlington, Vermont couple suing Peanut Corporation of America over the nationwide salmonella outbreak will also sue Kellogg Co., their attorney said yesterday.

In a related story in the Chicago Tribune, Sen. Patrick Leahy of Vermont says food producers responsible for "widespread, deadly outbreaks of disease should face jail time, not just fines... Leahy said some food makers won't take federal and state health rules seriously without tougher penalties. According to Leahy: 'Fines won't do it.' "

What's average medical malpractice claim paid in Vermont?

The average amount for a medical malpractice claim paid in Vermont is $352,750. This according to statistics compiled by The Henry J. Kaiser Family Foundation, whose state health data lists this 2007 number for Vermont. It also list $3,527,500 as the total paid in 2007, so we can interpolate from that that there were 10 paid claims in 2007.

The web site offers comparative statistics on medical malpractice claims paid in all 50 states. Leading the pack in total dollars paid is New York state with $674,683,750 (an average of $441,547 per claim paid). For more information, see the Kaiser web site, click on: med mal claims paid data.