A former drug salesman filed a qui tam action [qui tam is short for the Latin phrase qui tam pro domino rege quam pro se ipso in hac parte sequitur which means “who pursues this action on our Lord the King’s behalf as well as his own.”] against his former employer, a drug company. The California […]
Under The Religious Freedom Restoration Act, Closely Held Corporations Are Excused From Obamacare’s Contraceptive Mandate.
The United States Supreme Court was called upon to decide whether the Religious Freedom Restoration Act of 1993 [RFRA] permits the United States Department of Health and Human Services [HHS] to demand that closely held corporations provide health insurance coverage by methods of contraception that violate sincerely held religious beliefs of the companies’ owners. One […]
Treatment For Eating Disorders Covered Under Health Care Plan.
Plaintiffs suffer from eating disorders and are covered by defendant health care provider. Defendant declined to provide health care coverage to treat their eating disorders. Health and Safety Code section 1374.72 [the Parity Act] mandates that every health care service plan “provide coverage for the diagnosis and medically necessary treatment of severe mental illnesses . […]
Discrimination Allegations In Health Care To Deaf Woman.
Both husband and wife communicated through American Sign Language. The wife first went to a medical clinic in Nevada in 2007 and was told no sign language interpreter would be provided to interpret her communications with health care personnel. Each time she went to the clinic, she requested and was denied an interpreter. In late […]
Health Care Provider Not Liable For Release Of Non-Medical Information.
A computer was stolen from a medical center in 2011, containing an index dating back to the 1980s of over 500,000 persons’ names, medical record numbers, ages, dates of birth, and the last four digits of their Social Security numbers. The medical center informed those individuals of the theft. A few of the persons named […]
Something More Than Negligence Required For Elder Abuse.
Plaintiff contended a transitional medical care unit was understaffed and the staff was undertrained and the trial court sustained a demurrer of a hospital and health care system to the elder abuse cause of action. After being released from a hospital following surgery for a broken hip, a woman was sent to a transitional care […]
And BTW, Can’t Assume You’re Covered Just Because You Have Insurance.
In 1989, plaintiff contracted spinal meningitis, resulting in the amputation of both hands at the wrists and both legs below the knees and was fitted for prostheses which were covered under her father’s insurance plan. Able to live independently with the prostheses, she was later covered under her employer’s medical insurance plan. In 2009, her […]
Continued Confusion Over Government Claims.
These are the allegations: A man was released from a state mental hospital but was not provided his psychotropic medication or any guidance on how to obtain it. Twelve days later, he was discovered “unconscious, lying on his blood-soaked bed in a pool of his own blood,” after cutting off his own genitals with a […]
Grant Of Summary Judgment Reversed Because Trial Court Erred In Not Admitting Plaintiff’s Causation Testimony.
Plaintiff was treated with the drug Zometa for several months after a diagnosis of breast cancer and chemotherapy. She was thereafter treated for osteonecrosis of the jaw by two oral specialists. Following the dental treatment, plaintiff brought an action against the manufacturer of Zometa, and in that pursuit offered the testimony of an expert on […]
Litigation Privilege Protects Lab From Erroneous Paternity Results.
A laboratory conducted DNA paternity testing for a county as part of a paternity proceeding in superior court against a man who is a plaintiff in the instant civil action for negligence against the lab. The results were wrong, and unknown to the family for years. The superior court dismissed the lawsuit against the lab […]
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