Punitive Damages, Deterrent Effect, and the Constitution

Judge Rebecca F. Doherty entered an amended judgment on October 27, 2014, reducing a $6 billion award of punitive damages against Takeda and a $3 billion award against Eli Lilly in Allen v. Takeda Pharmaceutical Co. Ltd. et al., Civil No. 6:12-cv-00064, a case in the Actos MDL, proceeding in the Western District of Louisiana,


Allegedly Defective Surgical Gowns and . . . Ebola?

A physician filed a proposed class action in the Eastern District of California (Hrayr Shahinian v. Kimberly-Clark Corp.,  Civil No. 2:14-cv-08390)  on October 30, 2014, alleging that  Kimberly-Clark Corp. , a  manufacturer of “Microcool”  surgical gowns, concealed that the gowns were defective.   The plaintiff argues that the gowns were marketed as providing the highest level


Can Flavanols from Cocoa Help Reverse Age-Related Memory Loss?

Recently, the NIH Director’s blog published an article titled “Could Flavanols Reverse Age-Related Memory Decline?” by  Dr. Francis Collins explaining that flavanols – antioxidant compounds found in cocoa beans – could help diminish and even reverse age-related memory loss. “In a study published in Nature Neuroscience, a research team partially funded by NIH has provided



Candidates Supporting Tort Reform Prevail in 2014 Midterm Elections

Yesterday, I wrote about four midterm races in which tort reform played a role.  Unfortunately, in each case, the candidate supporting tort reform won the election. Incumbent US Senator and minority leader, Mitch McConnell (R-KY), defeated challenger Alison Grimes with 56% of the vote.  The Republican party now controlling the Senate, Mr. McConnell is set



Crucial Medicaid Expansion Relies on 2014 Midterm Elections

Today, the Huffington Post reported that important expansions of Medicaid hinge on several gubernatorial races across the country.  About 5 million Americans are too poor to afford coverage under the Affordable Care Act, yet do not qualify for Medicaid.  Huffington Post asserts that this gap is due to actions by the Supreme Court and Republican


Tort Reform and the 2014 Midterm Elections

In the 2014 midterm elections, campaign issues have ranged from immigration to healthcare, and from the military to education.  Though it remained largely on the sidelines, tort reform remained a central issue for some candidates. Here, we will outline the role that tort reform has played in a few races this election cycle. First, the


Center for American Progress Highlights Pitfalls of Tort Reform

A few weeks ago, the Center for American Progress published a short video detailing the deleterious effects tort reform has on public safety in Texas.  Here’s what they had to say about their video: “A new video from Legal Progress, the legal policy program at the Center for American Progress, documents the damaging effects of


Congress seeks explanation for generic drug price spike

Last month, members of the US Congress sent letters to 14 generic drug manufacturers, demanding explanation for the recent, dramatic spike in the price of some 20 generic drugs.  The Generic Pharmaceutical Association, a trade group representing the generic pharmaceutical industry, blames the increase on simple market forces, but many are suspicious of that response.