Hostname: page-component-78c5997874-xbtfd Total loading time: 0 Render date: 2024-11-05T14:25:52.121Z Has data issue: false hasContentIssue false

Recent Developments in Health Law

Published online by Cambridge University Press:  01 January 2021

Abstract

Image of the first page of this content. For PDF version, please use the ‘Save PDF’ preceeding this image.'
Type
Other
Copyright
Copyright © American Society of Law, Medicine and Ethics 2002

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

References

Laws of intestate succession determine the rights of heirs, creditors, and others to the estate of a deceased person who has died without making a valid will See, e.g., Dukeminier, J. and Johanson, S.M., Wills, Trusts, and Estates, 6th ed. (Gaithersburg, Virginia: Aspen Law & Business, 2000).Google Scholar
Woodward v. Commissioner of Social Security, 435 Mass. 536 (2002).Google Scholar
Id. at 538-39. Mrs. Woodward applied for both “child's” benefits under 42 U.S.C. § 402(d)(1) (1994 & Supp. V 1999) and “mother's” benefits under 42 U.S.C. § 402(g)(1) (1994). Id. When Mr. Woodward died, he was fully insured under the U.S. Social Security Act. Section 402(d)(1) of the Act confers “child's” benefits to “dependent children of deceased parents who die fully insured under the Act.” In addition, § 402(g)(1) of the Act confers “mother's” benefits to “the widow of an individual who died fully insured under the Act if, inter alia, she has care of a child or children to child's benefits.” Id. at 539 n.3.Google Scholar
Id. at 539.Google Scholar
See id. at 539–40.Google Scholar
See id. at 540–41.Google Scholar
See id. at 537–38.Google Scholar
See id. at 557.Google Scholar
See id. at 551–52, 557.Google Scholar
See id. at 557.Google Scholar
Id. at 541. See also Bailey, J.E., “An Analytical Framework for Resolving the Issues Raised by the Interaction Between Reproductive Technology and the Law of Inheritance,” DePaul Law Review, 47 (1998): 743818.Google Scholar
See Woodward, 435 Mass. at 542.Google Scholar
See id. at 546–53.Google Scholar
See id. at 545–46.Google Scholar
Id. at 546.Google Scholar
See id. at 546 n.15. The court noted that posthumously conceived children are always nonmarital children because death ends a marriage. See id. at 548.Google Scholar
See id. at 546.Google Scholar
See id. at 546–47.Google Scholar
Id. at 548.Google Scholar
See id. at 548–51.Google Scholar
See id. at 551.Google Scholar
See id. at 553.Google Scholar
Id. at 552.Google Scholar
Id. at 552–53.Google Scholar
Id. at 554.Google Scholar
According to the Christian Science Monitor, “more children are born each year in the U.S. with the help of reproductive technologies than are put up for adoption.” Stern, S., “How Many Parents Can a Baby Have?,” Christian Science Monitor, January 7, 2002, at 1.Google Scholar
For additional commentary on calls for legislative action on reproductive technologies issues, see Garrison, M., “Law Making for Baby Making: An Interpretive Approach to the Determination of Legal Parentage,” Harvard Law Review, 113 (2000): 835923.Google Scholar
Woodward, 435 Mass. at 557.Google Scholar

References

See Office of Human Research Protections, Letter to Johns Hopkins University, “Re: Human Subjects Protections under Multiple Project Assurance (MPA) M-1011,” dated July 19, 2001, available at <http://ohrp.osophs.dhhs.gov/detrm_letrs/jul01a.pdf>..>Google Scholar
See Johns Hopkins University, Letter to Office of Human Research Protections, “Re: Human Subjects Protections under Multiple Project Assurance (MPA) M-1011,” dated July 21, 2001, available at <http://www.hopkinsmedicine.org/press/2001/JULY/ActionPlanLetter.htm>; Press Release, “Actions Taken to Strengthen Research Oversight at Johns Hopkins,” at <http://www.hopkinsmedicine.org/press/2001/AUGUST/actionplan.htm> (last visited January 30, 2002); Office of Human Research Protections, Letter to Johns Hopkins University, “Re: Human Subjects Protections under Multiple Project Assurance (MPA) M-1011,” dated July 22, 2001, available at <http://www.hopkinsmedicine.org/press/2001/JULY/OHRPReinstate.htm>.;+Press+Release,+“Actions+Taken+to+Strengthen+Research+Oversight+at+Johns+Hopkins,”+at++(last+visited+January+30,+2002);+Office+of+Human+Research+Protections,+Letter+to+Johns+Hopkins+University,+“Re:+Human+Subjects+Protections+under+Multiple+Project+Assurance+(MPA)+M-1011,”+dated+July+22,+2001,+available+at+.>Google Scholar
See Hopkins Internal Investigative Committee, Report of Internal Investigation into the Death of a Volunteer Research Subject (July 16, 2001), available at <http://www.hopkinsmedicine.org/press/2001/JULY/report_of_internal_investigation.htm> (last visited February 14, 2002).+(last+visited+February+14,+2002).>Google Scholar
See Hellman, S. et al., Report of Johns Hopkins University External Review Committee (August 8, 2001), available at <http://www.hopkinsmedicine.org/external.pdf>..>Google Scholar
See Briefel, Gary, IRB Protocol Approval Notice (September 18, 2000), available at <http://www.hopkinsmedicine.org/protocol.pdf>..>Google Scholar
See supra note 3.Google Scholar
See supra note 3.Google Scholar
In October 2001, Johns Hopkins University arrived at an out-of-court settlement with the Roche family. See Press Release, “Settlement with Roche Family” (October 11, 2001), available at <http://www.hopkinsmedicine.org/press/2001/OCTOBER/011011.htm>..>Google Scholar

References

Burger v. Lutheran General Hospital, 759 N.E.2d 533 (Ill. 2001).Google Scholar
210 Ill. Comp. Stat. 85/6.17 (2000).CrossRefGoogle Scholar
Id. at § 6.17(d).Google Scholar
Id. at § 6.17(e).Google Scholar
Id. at § 6.17(h).Google Scholar
See Burger, 759 N.E.2d at 538–39.Google Scholar
Kunkel v. Walton, 689 N.E.2d 1047 (Ill. 1997).Google Scholar
Best v. Taylor Machine Works, 689 N.E.2d 1057 (Ill. 1997).Google Scholar
See Burger, 759 N.E.2d at 542 (paraphrasing 735 Ill. Comp. Stat. 5/2-1003(a) (West 1996)).Google Scholar
Id. at 544.Google Scholar
Id. at 545.Google Scholar
Id. 545–46 (citing 210 Ill. Comp. Stat. 85/2(a) (West 2000)).Google Scholar
Id. at 547.Google Scholar
Id. at 547–48.Google Scholar
Id. at 548.Google Scholar
See id. at 550–51.Google Scholar
Id. at 551.Google Scholar
Betrillo v. Syntex Laboratories, Inc., 499 N.E.2d 952 (Ill. App. Ct. 1986).Google Scholar
Burger, 759 N.E.2d at 551.Google Scholar
Id. at 552.Google Scholar
Id. at 551.Google Scholar
Id. at 552 (citing Petrovich v. Share Health Plan, Inc., 719 N.E.2d 756 (Ill. 1999). Gilbert v. Sycamore Mun. Hosp., 622 N.E.2d 788 (Ill. 1993)).Google Scholar
Id. at 553.Google Scholar
Id. at 554.Google Scholar
Id. at 555.Google Scholar
Id. at 556.Google Scholar
See Ill. Const. of 1970, art. IV, § 13.Google Scholar
Burger, 759 N.E.2d at 556.Google Scholar
Id. at 556–57.Google Scholar
See id. at 557.Google Scholar
See Kohn, L.T., Corrigan, J.M. and Donaldson, M.S., eds., Committee on Quality of Health Care in America, Institute of Medicine, To Err is Human: Building a Safer Health System (Washington, D.C.: National Academy Press, 2000).Google Scholar

References

Davis v. Rennie, 264 F.3d 86 (1st Cir. 2001).Google Scholar
Id. at 91.Google Scholar
Id. at 9293.Google Scholar
Id. at 93.Google Scholar
Id. at 9394.Google Scholar
Id. at 95.Google Scholar
Id. at 9596.Google Scholar
Id. at 97.Google Scholar
Sacramento v. Lewis, 523 U.S. 833 (1998).Google Scholar
Id. at 853.Google Scholar
Id. at 836.Google Scholar
See Davis, 264 F.3d at 99.Google Scholar
Id. at 98.Google Scholar
Id. at 99.Google Scholar
See id. at 99100.Google Scholar
Id. at 102 (citing Coastal Fuels v. Caribbean Petroleum Corp., 79 F.3d 182, 196 (1st Cir. 1996)).Google Scholar
Id. at 102–03.Google Scholar
See id. at 103–04.Google Scholar
Id. at 104–05.Google Scholar
Id. at 105.Google Scholar
Id.. (citing Sunkist Growers v. Winckler & Smith Citrus Prods. Co., 370 U.S. 19 (1962)).Google Scholar
See id. at 110.Google Scholar
Mass. Gen. Laws ch. 12, § 111 (1996).Google Scholar
Davis, 264 F.3d at 112.Google Scholar
Swanset Dev. Corp. v. City of Taunton, 668 N.E.2d 333, 337 (Mass. 1996).Google Scholar
Davis, 264 F.3d at 112.Google Scholar
Id. at 112–14.Google Scholar
See id. at 115–16.Google Scholar

References

Woodrum v. Johnson, No. 28857, 2001 W. Va. LEXIS 196 (W. Va. Dec. 12, 2001).Google Scholar
Id. at *3334.Google Scholar
See id. at *3. The plaintiffs also named Dr. Johnson's practice group, Morgantown Surgical Associates, Inc. Id. at *3 n.1.Google Scholar
See id. at *3. Monongalia General Hospital is owned and operated by the Monongalia County General Hospital Company, which is, in turn, a wholly owned subsidiary of Monongalia Health System Inc. All three entities were named as defendants. Id. at *3 n.2.Google Scholar
Id. at *34. In Torrence v. Kusminsky, 408 S.E.2d 684 (W. Va. 1991), the court held that a hospital is estopped from denying the agency status of physicians practicing in its emergency room. id. at *4.Google Scholar
See id. at *5. The settlement also released Johnson's practice group. Id.Google Scholar
Id. at *6.Google Scholar
See id. at *7.Google Scholar
Id. at *8. This case was Dunn v. Kanawha County Bd. of Educ., 459 S.E.2d 151 (W. Va. 1995), in which the Supreme Court of Appeals of West Virginia ruled that, “in the context of a product liability suit … it is arguable that basic fairness and sound public policy dictate that a settlement by a plaintiff with the manufacturing defendant solely responsible for the defective product covers all damages caused by that product and extinguishes any right of the plaintiff to pursue others in the chain of distribution who did not make the product, contribute in any way to the defect, or commit any independent acts of negligence or fault.” Id.Google Scholar
State ex. rel. Bumgarner v. Sims, 79 S.E.2d 277 (WVa. 1953).Google Scholar
See id. at 282.Google Scholar
See id. at 282–83.Google Scholar
See id. at 294–95.Google Scholar
See Woodrum, 2001 W. Va. LEXIS 196, at *14.Google Scholar
Id. at *1819.Google Scholar
See id. at*21.Google Scholar
See id. at *22.Google Scholar
See id. at *24. Such decisions include Knutson v. Morton Foods, Inc., 603 S.W.2d 805 (Tex. 1980), Which rejected a similar argument of circuity and held that “[t]he fact that an employee has been released in a settlement has no bearing on the continued liability of the employer unless the settlement is in full satisfaction of the plaintiff's claims against both the employee and the employer.” Id. at 807.Google Scholar
See Woodrum, 2001 W. Va. LEXIS 196, at *3334.CrossRefGoogle Scholar
See id. at *34. Specifically, the statute states: “A release to … one or more joint … tort-feasors … shall not inure to the benefit of another such … tort-feasor.” W. Va. Code § 55–7–12 (1923) (Repl. Vol.2000).Google Scholar
Woodrum, 2001 W.Va. LEXIS 196, at *36.Google Scholar
See id. at *39.Google Scholar
Id. at *42.Google Scholar
See id. at *33.Google Scholar

References

See I.R.C. § 501(c)(3) (2000).Google Scholar
See IHC Health Plans, Inc. v. Comm'r, 82 T.C.M. (CCH) 593, 2001 RIA T.C.M. 1830 [hereinafter IHC Health Plans], IHC Group, Inc. v. Codmm'r, 82 T.C.M. (CCH) 606, 2001 RIA T.C.M. 1847 [hereinafter IHC Group].; IHC Care, Inc. v. Comm'r, 82 T.C.M. (CCH)617, 2001 RIA T.C.M. 1859 [hereinafter IHC Care].Google Scholar
IHC Health Plans, 2001 RIA T.C.M. at 1847.Google Scholar
IHC Group, 2001 RIA T.C.M. at 1859.Google Scholar
IHC Care, 2001 RIA T.C.M. at 1871.Google Scholar
See IHC Health Plans, 2001 RIA T.C.M. at 1840; IHC Group, 2001 RIA T.C.M. at 1853; IHC Care, 2001 RIA T.C.M. at 1865.Google Scholar
See IHC Health Plans, 2001 RIA T.C.M. at 1841; IHC Group, 2001 RIA T.C.M. at 1853; IHC Care, 2001 RIA T.C.M. at 1866.Google Scholar
See IHC Health Plans, 2001 RIA T.C.M. at 1841; IHC Group, 2001 RIA T.C.M. at 1854; IHC Care, 2001 RIA T.C.M. at 1866.Google Scholar
See IHC Health Plans, 2001 RIA T.C.M. at 1844–45; IHC Group, 2001 RIA T.C.M. at 1857; IHC Care, 2001 RIA T.C.M. at 1866–67.Google Scholar
See IHC Health Plans, 2001 RIA T.C.M. at 1845.Google Scholar
See IHC Group, 2001 RIA T.C.M. at 1857; IHC Care, 2001 RIA T.C.M. at 1869.Google Scholar
See IHC Group, 2001 RIA T.C.M. at 1857; IHC Care, 2001 RIA T.C.M. at 1870.Google Scholar
See IHC Health Plans, 2001 RIA T.C.M. at 1843; IHC Group, 2001 RIA T.C.M. at 1856; IHC Care, 2001 RIA T.C.M. at 1868.Google Scholar
See IHC Health Plans, 2001 RIA T.C.M. at 1845; IHC Group, 2001 RIA T.C.M. at 1857; IHC Care, 2001 RIA T.C.M. at 1870.Google Scholar
See IHC Health Plans, 2001 RIA T.C.M. at 1846; IHC Group, 2001 RIA T.C.M. at 1858; IHC Care, 2001 RIA T.C.M. at 1870.Google Scholar
See IHC Health Plans, 2001 RIA T.C.M. at 1846. IHC Group, 2001 RIA T.C.M. at 1859; IHC Care, 2001 RIA T.C.M. at 1871.Google Scholar
See IHC Group, 2001 RIA T.C.M. at 1859; IHC Care, 2001 RIA T.C.M. at 1871.Google Scholar
See IHC Health Plans, 2001 RIA T.C.M. at 1847; IHC Group, 2001 RIA T.C.M. at 1859; IHC Care, 2001 RIA T.C.M. at 1871.Google Scholar
See I.R.C. § 501(c)(4) (2000).Google Scholar
See Taylor, M., “Exemption Interrupted: Provider-Owned Health Plans May Need to Seek Alternative Tax Status,” Modem Healthcare, 31 (2001): 2830.Google Scholar
Wood, K.M., “Legislatively-Mandated Charity Care for Nonprofit Hospitals: Does Government Intervention Make Any Difference?,” Review of Litigation, 20 (2001): 709–42.Google Scholar

References

American Bioscience, Inc. v. Thompson, 269 F.3d 1077 (D.C. Cir. 2001) (hereinafter American Bioscience II).Google Scholar
American Bioscience initially brought an action in the U.S. District Court for the District of Columbia Circuit earlier in 2001. See American Bioscience v. Thompson, 243 F.3d 579 (D.C. Cir. 2001) (hereinafter American Bioscience I). In addition to Baker Norton, Zenith Goldline Pharmaceuticals, Inc., a corporate affiliate holding an ANDA for generic Taxol, intervened as a defendant in the district court proceedings. See American Bioscience II, 269 F.3d at 1078.Google Scholar
See American Bioscience II, 269 F.3d at 1086.Google Scholar
See American Bioscience I, 243 F.3d at 580.Google Scholar
American Bioscience II, 269 F.3d at 1080.Google Scholar
Id. at 1079. The statutory authority for this patent listing requirement can be found at 21 U.S.C. § 355(c)(2) (2001).Google Scholar
Id. at 1080.Google Scholar
See id. at 1079 (paraphrasing The Drug Price Competition and Patent Term Restoration Act of 1984 (Hatch-Waxman Amendments), Pub. L. No. 98-417, 98 Stat. 1585 (1984). Paragraph IV certification can constitute patent infringement. Id.Google Scholar
Id. at 1081.Google Scholar
Id. According to the FDAs “late-listing” regulation, an ANDA applicant is excused “from amending its patent certification to reflect the new patent so long as the ANDA had an ‘appropriate’ patent certification on file.” Id. at 1079 (paraphrasing 21 U.S.C. § 355(c)(2)). The regulation applies when the New Drug Application holder fails to notify the FDA of the issuance of a qualifying patent within thirty days of the patent's issuance. Id. at 1079–80.Google Scholar
Id. at 1081.Google Scholar
Id. at 1082.Google Scholar
Id. at 1083.Google Scholar
Id. Furthermore, American Bioscience argued that Baker Norton could not benefit from the late-listing regulation since it did not give notice and thus never filed an appropriate patent certification. The court did not reach the company's second argument because it found its first argument “clearly correct.” Id.Google Scholar
Id. at 1085.Google Scholar
Id. at 1083–84.Google Scholar
Id. at 1084.Google Scholar
Id. at 1086.Google Scholar

References

United States v. Boston Scientific Corp., 167 F. Supp. 2d 424 (D. Mass. 2001).Google Scholar
Id. at 428.Google Scholar
Id. at 434–35.Google Scholar
Id. at 439.Google Scholar
Id. at 436.Google Scholar
Id. at 426–27.Google Scholar
Id. at 427.Google Scholar
Id. at 428–29.Google Scholar
Id. at 429.Google Scholar
Id. at 428.Google Scholar
Id. at 432.Google Scholar
Id. at 427.Google Scholar
Id. at 435.Google Scholar
See id. at 436.Google Scholar
Id. at 439.Google Scholar
Id. at 436.Google Scholar
Id. at 437.Google Scholar
See id. at 437–38.Google Scholar
Id. at 427.Google Scholar
“Court Rules Boston Scientific Corp. Liable for Civil Penalties for Violations of Federal Trade Commission Antitrust Order, Reports U.S. Attorney,” PR Newswire, October 5, 2001.Google Scholar