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News to End the Week

Posted by Andrew J. Barovick | Feb 20, 2009 | 0 Comments

Today's NY Times is rich in news about health care.  The most optimistic news comes from the front of its Business Day section, in which Barry Meier reports that there is a movement afoot, spearheaded by House Democrats Henry Waxman, of California, and Frank Pallone, Jr., of New Jersey, to restore the right of patients to sue medical device manufacturers, and nullify the federal preemption doctrine that has long protected the same manufacturers from liability.

But also of interest is that in Washington, key policy makers in the health care industry have been meeting with Senator Edward M. Kennedy's staff to discuss the implementation of a universal health care system that would make it obligatory for everyone to purchase health insurance.  As it has been in the past, the biggest bone of contention within the group is how to make it obligatory and affordabale at the same time.  NY Times reporter Robert Pear's article suggests that the timing may be right for such a re-examination of how to institute such coverage, now that President Obama is in office.

About the Author

Andrew J. Barovick

Mr. Barovick is a graduate of Columbia College and Cardozo School of Law. He began his legal career at the Queens District Attorney’s Office, where he tried over 20 felonies to verdict, and argued an equal number of appeals before the Appellate Division, Second Department, the New York Court of Appeals and the United States Court of Appeals for the Second Circuit.


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$7.9 million dollars for infant client who suffered severe brain injuries due to post- delivery medical malpractice.

$500,000 wrongful death/medical malpractice settlement on behalf of patient brought to hospital emergency room with serious injuries who suffered complications while unmonitored and died.

$425,000 wrongful death/medical malpractice settlement during trial on behalf of senior hospital patient whose surgeon failed to timely address her worsening symptoms, resulting in her death.

$250,000 to young man whose physician failed to diagnose an impending torsion testicle, causing the loss of the affected testicle.

$200,000 to young mother whose OB/GYN failed to timely diagnose and treat her ectopic pregnancy, resulting in excruciating, long-term pain and the need for surgery to address the ectopic pregnancy once it was diagnosed.