AHLA's monthly podcast featuring health lawyer and blogger Norm Tabler's informative and entertaining take on recent health law and other legal developments.
To learn more about AHLA and the educational resources available to the health law community, visit americanhealthlaw.org.
AHLA's monthly podcast featuring health lawyer and blogger Norm Tabler's informative and entertaining take on recent health law and other legal developments.
To learn more about AHLA and the educational resources available to the health law community, visit americanhealthlaw.org.
This episode of HL, a speaking of health law is brought to you by HLA members and donors like you. For more information, visit American health law.org.
Speaker 2:Hi, I'm norm Taber with this month's edition of the lighter side of health law. My favorite explanation, this is my favorite explanation of the month. Scott McCoy stepped down as general counsel of Denver international airport. Following an incident at a holiday party. It seems that out of the blue Scott began slapping and yelling in the face of a startled colleague Scott's explanation. Well, we were talking of police issues like use of force and defunding. So I decided to role play. Unfortunately I forgot to tell anybody I would be doing that. Scott now has sufficient time to reflect on his error. He's out of a job. Wanna buy a vaccination card? Jasmine Clifford and NA Barkley had a cracker Jack idea for making money from anti COVID vaccine sentiment. Jasmine set up a, a business printing and selling forged CDC vaccination cards at$200 a pop, but as they say on late night TV ads, wait, there's more for the low, low price of an extra$250, NA would enter the buyer's name in the state database of vaccinated people. And they weren't shy about publicizing their offer. Jasmine Hawk, the card on Instagram, under the straightforward handle at anti-vax mama, ALA Manhattan, da Cyrus, Vance got we of the scheme. Jasmine and Nadia have been arrested and charged with forgery, conspiracy, and possession of forged documents. But wait, there's more. The people who bought the cards have been charged with criminal possession of forged instruments. Those who paid the extra$250 for entry in the database have also been charged with offering false instruments for filing from pharma bro, to former pharma, bro, remember pharma bro Martin, Scalley the former CEO who memorably raised the price of a life saving HIV drug by 5000% gly proclaiming$1 billion. Here we come, he came the most hated man in America. So hated in fact that when he was indicted for securities fraud, his defense was, I was only indicted because I'm such a jerk, not for the crimes I committed strangely. The jury did not find being a jerk, a good defense. He was sentenced to seven years in prison, but prison didn't stop his antics like his demand to be freed so he could save the world from COVID Willy won't be farmer bro anymore, or he'll be former farmer bro, because a federal judge, in addition to finding him 65 million has banned him for life from the pharmaceutical industry, you have to admire her imagination. Ms. So Nicole Connor ultimately lost her case against acceptance indemnity insurance, but it wasn't for lack of imagination. She was a bystander at a shooting at Steve sag. Leon's bar, a straight bullet hit her causing serious permanent injury Steve's liability insurance company denied her claim, pointing to an exclusion for claims related to assault and battery. No Ms. Conner argued the assault and battery exclusion does not apply to me because I was not the intended victim. The shooter did not intend to assault or batter me. Nice try. The judge said, but intended or not, you were in fact the victim of an assault and battery. Okay. Ms. Conner replied. How about this? I wasn't so much the victim of the shooter as a victim of Steve's negligence. He knew the shooter had a violent propensity, but he failed to have his bouncers frisk. Kim, when he came in, nice try again. The judge responded, but miss Connor, you were the victim of his shooting, which is an assault and battery, which is excluded case dismissed. The case is Connor V Scaglione Eastern district, Missouri. An important medical question, Florida, ER, physician Brian warden asked only one question of parents seeking a medical exemption for their children from the Tallahassee public school mask mandate. The question was, do you have 50 bucks? And the enterpri Brian did not just wait for parents to knock on his door. He posted his$50 an exemption offer on Facebook. Well, his offer got the attention of his employer, capital regional medical center. Whoops, make that his ex-employer motion for a Mulligan Pennsylvania attorney, Charles Marsh wanted a Mulligan, but federal judge, Jennifer Wilson, wasn't having any of it. It happened after the jury came in with a seven figure medical malpractice award against his gynecologist client in favor of patient Chasity, plunked marsh moved for a new trial. Why? Because while Chasity ex witness testified both the witness and chassis's lawyer broke down and wept openly, and that marsh insisted was grounds for a mistrial, but that's not the song marsh was singing at the time of the incident. Back then he was content to ask that specific comments be struck from the record. He thought a mistrial motion was unnecessary. It was only after the verdict came in against his client that he did decided, oh yeah, the jury must have been prejudice by all that crying. My client deserves a Doover ALA judge Wilson wasn't allowing any mulligans. The case is plunked versus marks. Middle district Pennsylvania. Let's be reasonable. The Kentucky Supreme court struck a blow for reasonableness in tossing a med mal case brought by a clinical trial participant Reagan Schwab participated in a phase one clinical trial of a procedure intended to negate the need for immunosuppressant drugs and allow her body to accept a kidney transplant. When she later developed a rare form of blood cancer, she sued the hospital and the doctors claiming that her consent was not valid. Why wasn't it valid? Because she argued. I really didn't think there would be any bad side effects. It's true that the doctors told me there were a lot of risks and those risks included cancer after all, this was a phase one trial and true. I was given a brochure describing the trial in detail. True. Also I signed a 16 page consent form after taking it home and reading it with my husband. But gosh, despite all that in my own mind, I still assume the worst that would happen was that the procedure wouldn't work. Not that there would be bad side effects. And since I thought there wouldn't be bad side effects, I hadn't really consented to the risk of bad side effects. Q E D the court was not impressed ruling that under the law, at least in Kentucky, the validity of a consent depends on a reasonable person's understanding of the risks, not on an individual's subjective understanding. The case is university med center versus Schwab, Kentucky Supreme court, Jack Nicholson for the prosecution. The bank robber did not display a weapon. And his note asking the teller for money actually said, please, and thank you. Nevertheless, the prosecutor wanted the robber convicted of robbery through force rather than simple theft. So the prosecutor invoked the famous scene and the shining when Jack Nicholson peers at his victims through a hole in the door SNLs and in his best ed McMahon imitation announced his here's Johnny a legendarily scary moment. And the prosecutor didn't simply describe the scene. She used PowerPoint to display a still frame of the moment. Caption actions speak louder than words. Her point was that the issue of a threat should be determined, not simply by the words, but by all the surrounding circumstances left said was the fact that in the photo, Jack was peering through a hole. He had hacked with an ax and was exhibiting all the signs of a crazed acts murderer. The judge overruled the defense objection and the jury convicted the defendant of robbery through force on appeal. The New Jersey Supreme court found the prosecutors presentation to be more than a little over the top and reversed the conviction because the prejudicial error, the case is New Jersey versus Williams, New Jersey Supreme court, only in America, New York attorney Abele swear has filed a$6 billion that's billion with a B class action against the New York giants and the New York jets. Just what have the giants and jets done to make them liable for$6 billion? Well, it's right there in their names. They, they claim to be the New York giants and the New York jets when they actually play in New Jersey, not in New York. And that says the complaint is a big fat fraud. The case is swear versus NFL at Al Southern district of New York. Well, that's it for this month's edition of the lighters head of health flow. I hope you enjoyed it. Check your AHL a weekly and health law connections magazine for the next edition.
Speaker 1:Thank you for listening. If you enjoy this episode, be sure to subscribe to a H a speaking of health law, wherever you get your podcasts to learn more about AHL a and the educational resources available to the health law community, visit American health law.org.