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 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.

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.' "

Vermont Readies for Electronic Medical Records

MONTPELIER, VT - This Rutland Herald article, Health records swap said to save money, lives State poised to gain from new medical info exchange, describes Vermont's health information network. According to the report, the Vermont Legislature created Vermont Information Technology Leaders (VITL) in 2005 "to develop a technology plan for the exchange of health information among doctors, hospitals and other health care providers."

Eli Lilly Settles Zyprexa Inquiries for $62 Million

According to this Associated Press article, Eli Lilly settles Zyprexa inqueries in 32 states, the drugmaker announced a $62 million settlement and agreed to pay 32 states to regarding the company's marketing practices related to its top-selling drug Zyprexa. States attorneys general had accused that Lilly marketed Zyprexa for off-label uses and more... Please click on Zyprexa settlement to read the full article.

Vermont is one of 32 states involved in the settlement.

Plaintiff's Lawyers Fight Product Liability Lawsuit Restrictions

From the Wall Street Journal, more on the Supreme Court case, Wyeth v. Levine (see previous post), which is to be heard Nov. 3, which will impact lawsuits involving defective and hazardous products. The case centers around:

"Diana Levine, a professional guitarist who lost an arm to gangrene after a receiving a shot to treat a migraine headache in 2000.

Ms. Levine won $6.8 million in her lawsuit against Wyeth, which makes the antinausea drug, phenergan, that was given to her. A Vermont jury and that state's Supreme Court found that Wyeth hadn't sufficiently warned the public and doctors about the drug's dangers if improperly injected.

Wyeth has argued that the company is protected because the Food and Drug Administration had approved its label. The government is supporting Wyeth's position, on behalf of the FDA."

See the full article here: Plaintiffs' Lawyers Fight Restrictions On Product-Liability Suits

Case Before Supreme Court Could Benefit Drug Companies in Product Liability Lawsuits

A case being appealed to the Supreme Court is being watched as a potential landmark ruling that would make it easier for pharmaceutical companies to protect themselves from product liability lawsuits according to a post on InjuryBoard.com. The original case was brought on behalf of a Vermont woman (a musician) who won a settlement against Wyeth for losing part of her arm to amputation caused by the drug being improperly injected.

Wyeth claims its product was sufficiently labeled, which included warnings about the potential risk of gangrene if the drug was improperly injected. The company has since appealed the case to the Supreme Court, creating a potential landmark ruling that would make it easier for drugmakers to protect themselves from product liability lawsuits. That’s because the majority of lawsuits against drugmakers involve the same issue, whether or not the company had proper warnings on its label. The Food and Drug Administration (FDA) approve these labels.

See article for more information.