Kendall Warden, Class of 2024, Belmont Law On October 18, 2022, the DOJ filed complaints against six e-cigarette manufacturers seeking permanent injunctions for violations of the Food and Drug Administration’s premarket review requirements for new tobacco products. Even if a product is already being sold, the Federal Drug, Food and Cosmetic Act requires manufacturers to …
Policymakers Overcoming Difficulties in Investing in Public Health Interventions
Azariah Bridgewater, Belmont Class of 2024 Policymakers have two competing interests: making policies that benefit the well-being of the people and getting reelected so that they can continue to make policies that benefit the well-being of the people. These two interests compete when policymakers are looking at whether or not to fund public health interventions. …
$4.2 Billion and $13.8 Billion: Major Strides in Combating the Opioid Crisis
Shane Richards, Class of 2023, Belmont Law Within the past few weeks, major cases involving CVS, Walgreens, Teva, and Walmart, years of litigation, are finally coming to a close. The result: a total of $17 billion in settlement. Teva Pharmaceuticals agreed to settle claims concerning its role in fueling the opioid crisis for $4.2 billion, …
WHAT IS THE EFFECT OF THE UNITED STATES RETURNING TO A PRE-ROE ERA
Azariah Bridgewater, Belmont Law, Class of 2024 Earlier this year, the United States Supreme Court (the Court) decided to overturn Roe v. Wade in the case Dobbs v. Jackson Women’s Health Organization. The Court’s Dobbs decision no longer recognized that a federal right existed for a woman to have an abortion prior to the viability of the unborn child. In …
OCR Sends Message of Compliance to Dental Practices in violation of Patient Right of Access Under HIPAA
Kendall Warden, Class of 2024, Belmont Law On September 20, 2022, the U.S. Department of Health and Human Services Office for Civil Rights (OCR) sent a public message to dental practices in violation of HIPAA Privacy Rule’s patient right of access provision. The OCR did this by publicizing the result of investigations into three dental …
Monkeypox Declared a Public Health Emergency
Shane Richards, Class of 2023, Belmont Law On August 4, 2022, the Biden administration declared Monkeypox a public health emergency, with over 8,900 cases being reported across the United States and many more cases being reported globally. The declaration came on the heels of the World Health Organization declaring Monkeypox a “public health emergency of …
New Precedent: Pharmacy Chains Held to Create a Public Nuisance in Opioid Crisis
Kendall Warden, Class of 2024, Belmont Law The United States District Court Northeastern District of Ohio, Eastern Division, in a giant MDL encompassing 11 bellwether trials, issued an abatement order on August 17 mandating three giant pharmacy chains to pay a combined $650 million dollars towards the opioid crisis. This specific track three bellwether …
THE FORESEEABLE END OF THE AVAILABILITY OF GOVERNMENT FUNDED COVID-19 VACCINES
Azariah Bridgewater, Class of 2024, Belmont Law From the beginning of the COVID-19 pandemic until now, federal funding has fronted the cost for all persons within the United States to receive vaccines and boosters without payment or proof of insurance. The widespread availability of free COVID-19 vaccines may, however, come to a halt in early …
Fifth Circuit: Christian Medical Groups Cannot Be Punished for Refusing Abortions and Gender Reassignment Surgery
Shane Richards, Class of 2023, Belmont Law On August 26, 2022, the Fifth Circuit Court of Appeals handed down a ruling holding that the United States Government cannot punish Christian medical providers for refusing to conduct abortions and gender reassignment surgery. The Court held that punishing a Christian hospital for not conducting such operations would …
How the FTCA Impacts Veterans Rights to Recover for Medical Negligence
Carissa Kohne, Class of 2022, Belmont Law In 1946, congress passed the Federal Torts Claim Act (FTCA). The purpose of the FTCA was to allow citizens to recover from the government when a government employee engaged in tortious activity.[1] Prior to the FTCA, sovereign immunity barred individuals from receiving compensation for the tortious acts of …