Medical Liability Reform- Innocent Prescriber: H.B. 2011 (2005)
Provided that no health care provider is liable to a
Provided that no health care provider is liable to a patient or third party for injuries sustained as a result of the ingestion of a prescription drug or use of a medical device that was prescribed or used by a healthcare provider in accordance with instructions approved by the U.S. Food and Drug Administration regarding dosage and administration of the drug, the indications for which the drug should be taken or device should be used, and the contraindications against the drug or using the device. The liability exemption does not apply if: (1) the health care provider had actual knowledge that the drug or device was inherently unsafe for the purpose for which it was prescribed or used or (2) a manufacturer of such drug or device publicly announces changes in the dosage or administration of such drug or changes in contraindications against taking the drug or using the device and the health care provider fails to follow such publicly announced changes and such failure proximately caused or contributed to the plaintiff’s injuries or damages.
New Poll Finds Strong Bipartisan Support for Government Action vs. Litigation When it Comes to Handling the COVID-19 Pandemic
While COVID-19 relief efforts stall in Congress, public support for aid to small businesses and others impacted by the pandemic remains high. According to a new survey released today by […]
Missouri Supreme Court declines to review billion-dollar award against Johnson & Johnson baby powder
Juliette Fairley of the St. Louis Record reports on the Missouri Supreme Court’s decision not to review a $2 billion verdict.
ATRA President Tiger Joyce penned an op-ed for Law360 on the surge of COVID-19-related lawsuits targeting the insurance industry.
ATRA praises the passage of HB 6030 in Michigan, enacting COVID-19 liability protections.
ATRA’s statement on the Supreme Court of Pennsylvania’s ruling in Hammons v. Ethicon to allow an out-of-state lawsuit to continue, openly defying SCOTUS precedent.