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 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.
Amanda Bronstad with Law.com writes about the potential repercussions if the 2019 $465 million judgment against Johnson & Johnson stands.
ATRA files amicus brief in support of Johnson & Johnson’s decision to appeal a 2019 $465 million judgment against the company, warning against the state attorney general’s expansive use of public nuisance law.