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.
ATRA supports the SAFE TO WORK Act as part of the Senate’s HEALS Act legislative package for coronavirus relief.
ATRA President Tiger Joyce writes about the American Law Institute’s diversion from its original mission in this opinion editorial for Law360.
ATRA President says COVID-19 statutes reflect a broader perspective than lawsuit shields as they are enacted by lawmakers, not just a single governor.
Missouri Governor Mike Parson signed into law reforms to the state’s punitive damages system, writes John Breslin for the St. Louis Record.
Missouri Gov. Mike Parson signed S.B. 591 to amend Missouri’s consumer protection act and the state’s punitive damages system.
Federal Judge William Shubb ruled that due to insufficient evidence, California cannot require glyphosate-based weedkiller Roundup to be labeled as “known to the state of California to cause cancer.”
ATRA cited in an opinion editorial by John DeMaggio for The Hill regarding potential lawsuit abuse in the wake of COVID-19.
ATRA thanks Gov. Kim Reynolds for signing and the Iowa legislature for passing S.F. 2338, providing COVID-19 liability protections and reforming phantom damages in Iowa.
ATRA urges the Pennsylvania legislature to enact liability protections for critical industries like healthcare providers, PPE manufacturers and small businesses.
ATRA encourages the Louisiana State Senate to pass and Gov. John Bel Edwards to sign H.B. 57 to help reduce auto insurance rates.