Recent Medical Legal News

Current Issue - January/February 2012

Supreme Court Sets Obama Healthcare Argument

Oral arguments on President Barack Obama's sweeping U.S. healthcare overhaul will last 5-1/2 hours spread over three days from March 26-28, the Supreme Court said on Monday. The Supreme Court last month agreed to hear the 5-1/2 hours of oral arguments, one of the lengthiest arguments in recent years. There have been similar marathon sessions in a handful of big cases dating back over the past 70 years. The court said it would hear one hour of arguments on March 26 on whether the legal challenges to the requirement that all Americans buy insurance must wait until after that part of the law has taken effect in 2014. At issue is a federal law, the Anti-Injunction Act, and whether the requirement that Americans buy insurance or pay a penalty is effectively a tax covered by that law and can only be challenged after the penalty has been imposed.

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Homeopathic Remedy Fraud: False Advertising and the FDA

If you have purchased Natural Homeopathic medicines you may have been involved in a homeopathy scam, or homeopathy fraud. Certain homeopathic remedies are alleged to make unsubstantiated or false claims about improving health or 'curing' various ailments. Many homeopathic fraud lawsuits are being filed—and some have settled—by consumers who believe they were subject to a homeopathic scam. Innumerable homeopathic remedies, elixirs and food supplements on the market make health claims that are unsubstantiated. Companies making homeopathic products cite 'clinical studies' that lack credibility and are not scientifically valid. Some companies go so far as to pay for the "clinical" studies, or they manipulate the data to verify and suit their marketing goals. Not only does the consumer buy an ineffective product and waste money, they could also forgo effective treatment. If an individual is attempting to treat a condition with homeopathic remedies, a homeopathic fraud could also put a consumer's health at risk. Besides financial loss, homeopathic scams can potentially cause more serious health conditions for the consumer.

$450M Settlement Approved in AIG Compensation Class Action

American International Group Inc. has received final approval from a federal judge to pay a $450 million classaction settlement to a group of other insurers related to its alleged underreporting of workers compensation premiums. U.S. District Judge Robert W. Gettleman issued a three-page order approving the settlement. "Finding that the settlement is fair, reasonable, and adequate, the court grants final approval of the settlement," the judge said in the order. AIG and seven insurers supported the settlement. Those insurers are Ace Ina Holdings Inc., Auto-Owners Insurance Co., Companion Property & Casualty Insurance Co., Firstcomp Insurance Co., Hartford Financial Services Group Inc., Technology Insurance Co. and Travelers Indemnity Co. Liberty Mutual Group's two subsidiaries, Ohio Casualty and Safeco, had opposed the settlement. The legal dispute centers on allegations that AIG intentionally underestimated its workers' comp premiums to avoid premium taxes and substantial residual market charges before 1996.

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