Pradaxa and the FDA’s Expedited Approval Process – A Public Health Dilemma

By Daniel Goaslind for the BiolawToday.org Blog.  Nearly four years ago one of my best friends and a man whom I greatly respected—my grandfather—died tragically at age eighty-three. In excellent health, he was on his way to a meeting for the Boy Scouts of America when he suffered a ground-level fall and hit his head. In […]

Ebola Quarantine: Resolving Law with Science

By Cullen Archer for the Center for Law and Biomedical Sciences Blog. The Disease Ebola hemorrhagic fever is a zoonosis[1] caused by a virus of the family Filoviridae, whose members comprise two genera of enveloped, negative, single-stranded RNA viruses: Marburgvirus and Ebolavirus.[2] Initial clinical symptoms of sudden onset fever, chills, myalgia, and malaise are followed […]

House of Cards – Statutory Interpretation and the Affordable Care Act

By Travis Walker, Law & Bioscience Fellow Lost in the grandeur of National Federation of Independent Business[1] and Hobby Lobby[2] is a provision of the Affordable Care Act that may[3] send the law tumbling down. This summer, two federal circuits split on whether individuals can receive subsidies to help purchase health insurance in states that failed […]

Starting from Scratch: Building China’s Private Healthcare System

By Daniel Barber for the Center for Law and Biomedical Sciences Blog. Being lost in translation is frustrating, especially when important ideas need to be exchanged. Needless to say, in a crowded banquet hall located Chengdu China, a UNESCO city of gastronomy, it wasn’t the famous flower pepper of Chengdu that was making me sweat. […]

Determining the Standard of Review for Claim Construction: Supreme Court Holds Oral Argument for Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc.

By Austen Paulsen for the Center for Law & Biomedical Sciences blog. The issue in this case is whether the Federal Circuit may set aside findings of fact made by a district court and review its claim construction de novo or if the Federal Circuit is required to grant deference to the district court’s factual findings as […]

HHS Issues Guidance Regarding HIPAA and Same Sex Marriage

By Leslie Francis for HealthLawProfBlog.  Under HIPAA, patients’ spouses and other family members have certain rights to access health information.  In an important guidance document in the wake of United States v. Windsor, the Office for Civil Rights (OCR) at HHS has clarified that “spouse” under HIPAA refers to legally married same-sex spouses, even if the individual is receiving services in a jurisdiction […]

Ethical issues in managing the current Ebola crisis

By Leslie Francis reprinted from OUP Blog Until the current epidemic, Ebola was largely regarded as not a Western problem. Although fearsome, Ebola seemed contained to remote corners of Africa, far from major international airports. We are now learning the hard way that Ebola is not—and indeed was never—just someone else’s problem. Yes, this outbreak is different: it originated in West […]

The Fifth Circuit, Federalism, and Undue Burdens on Abortion

By Leslie Francis reprinted from HealthLawProf Blog On July 29, 2014, the U.S. Court of Appeals for the Fifth Circuit issued an as-applied ruling in a case involving Mississippi’s statute requiring that all physicians affiliated with a Jackson clinic providing abortion services have admitting and staff privileges at local hospitals.  All local hospitals were unwilling to grant […]

Reading Hobby Lobby narrowly

By Leslie Francis reprinted from HealthLawProf Blog   I write this post with more than a little trepidation; I’m as unhappy as anyone about what the Court made of the Religious Freedom Restoration Act last week.  Nonetheless, given the current state of play, I’ve tried to see whether there are any ways to try to limit the […]

PCAST, Big Data, and Privacy

By Leslie Francis reprinted from HealthLawProf Blog The President’s Council of Advisors on Science and Technology (PCAST) has issued a report intended to be a technological complement to the recent White House report on big data. This PCAST report, however, is far more than a technological analysis—although as a description of technological developments it is wonderfully […]