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SPECIALTY LAW - July, 2005 Health Care

Cases summarized in the June, 2005 issue of
Specialty Law Digest: Health Care.

DRUGS, MEDICINES, DEVICES AND PRODUCTS


blood -- hospital disposed of subject blood donor records in manner consistent with regulatory requirements -- no spoliation of evidence allegation permitted. Hemingway v. New York City Health & Hosps. Corp. (N.Y.App.Div. 2004), No. 2003-08708

drugs -- defendant properly convicted for distributing misbranded drugs in interstate commerce with fraudulent intent. United States v. Milstein (C.A. 2, N.Y. 2005), 401 F.3d 53

-- patient established that physician negligently prescribed Oxycontin and failed to keep proper records. Vito v. North Med. Family Physicians, P.C., (N.Y.App.Div. 2005), No. CA 04-02238

Eldepry -- defendant properly convicted for distributing misbranded drugs in interstate commerce with fraudulent intent. United States v. Milstein (C.A. 2, N.Y. 2005), 401 F.3d 53

feeding tubes -- judgment ordering removal of patient's feeding tube was not void. In re Guardianship of Schiavo (Fla.App. 2005), No. 2D05-968

Metrodi -- defendant properly convicted for distributing misbranded drugs in interstate commerce with fraudulent intent. United States v. Milstein (C.A. 2, N.Y. 2005), 401 F.3d 53

Oxycontin -- patient established that physician negligently prescribed Oxycontin and failed to keep proper records. Vito v. North Med. Family Physicians, P.C., (N.Y.App.Div. 2005), No. CA 04-02238

Pergonal -- defendant properly convicted for distributing misbranded drugs in interstate commerce with fraudulent intent. United States v. Milstein (C.A. 2, N.Y. 2005), 401 F.3d 53

prescription drugs -- defendant properly convicted for distributing misbranded drugs in interstate commerce with fraudulent intent. United States v. Milstein (C.A. 2, N.Y. 2005), 401 F.3d 53

-- patient established that physician negligently prescribed Oxycontin and failed to keep proper records. Vito v. North Med. Family Physicians, P.C., (N.Y.App.Div. 2005), No. CA 04-02238

stoma -- surgeon qualified to testify regarding placement, creation, and post-operative care of stoma during surgery. Porter v. Sidor (Ohio App. 2005), No. 84756



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