American Journal of Law & Medicine

Articles from Vol. 36, No. 1, 2010

Compounding Problems and Compounding Confusion: Federal Regulation of Compounded Drug Products and the FDAMA Circuit Split
I. INTRODUCTIONDrug compounding is the long-standing pharmacy practice of mixing, combining, or altering ingrethents to create drugs tailored to individual patient needs. Compounding is as old as the practice of pharmacy and close to the heart of the...
Confronting Conflict: Addressing Institutional Conflicts of Interest in Academic Medical Centers
ABSTRACTIndividual conflicts of interest are rife in healthcare, and substantial attention has been given to address them. Yet a more substantive concern-institutional conflicts of interest ("ICOIs") in academic medical centers ("AMCs") engaged in research...
Federal Courts Struggle with Supreme Court Refusal to Promulgate a Bright-Line Rule for Evaluating ERISA Plan Administrators' Conflicts of Interest
Federal Courts Struggle with Supreme Court Refusal to Promulgate a Bright-Line Rule for Evaluating ERISA Plan Administrators' Conflicts of Interest- Metropolitan Life Insurance Company v. Glenn.1 - The Employee Retirement Income Security Act of 1974...
How the FDA Can Overturn Wyeth V. Levine
ABSTRACTIn Wyeth v. Levine, the Supreme Court held that an FDA-approved drug label did not preempt state tort law. Although the Supreme Court did not defer to the FDA's position, language in the opinion, and Breyer's concurring opinion, suggest that...
Oil and Water: Mixing Individual Mandates, Fragmented Markets, and Health Reform
ABSTRACTThe 2010 federal health insurance reform act includes an individual mandate that will require Americans to carry health insurance. This article argues that even if the mandate were to catalyze universal health insurance coverage, it will fall...
Scope of Nevada Pharmacies' Duty of Care: Nevada Supreme Court Rules That Pharmacies Have No Legal Duty to Third Parties for Harm Caused by Customer Misuse of Prescription Drugs
Scope of Nevada Pharmacies' Duty of Care: Nevada Supreme Court Rules that Pharmacies Have No Legal Duty to Third Parties for Harm Caused by Customer Misuse of Prescription Drugs -Sanchez v. Wal-Mart Stores.1 - The Supreme Court of Nevada held that pharmacies...
The Anti-Patient Psychology of Health Courts: Prescriptions from a Lawyer-Physician
I. INTRODUCTIONCritics of the current medical malpractice tort system claim that adjudication of malpractice claims before generalist judges and lay juries contributes to rising costs of medical malpractice insurance premiums and medical care. They claim...
Third Circuit Says Abstention Proper in Litigation against Virgin Islands Board of Medical Examiners
Third Circuit Says Abstention Proper in Litigation Against Virgin Islands Board of Medical Examiners- Williams v. Virgin Islands Board of Medical Examiners) - The United States Court of Appeals for the Third Circuit affirmed the District Court for the...
Towards a New Moral Paradigm in Health Care Delivery: Accounting for Individuals
ABSTRACTFor years, commentators have debated how to most appropriately allocate scarce medical resources over large populations. In this paper, I abstract the major rationing schema into three general approaches: rationing by price, quantity, and prioritization....