Kevin Freking

July 29, 2005 | Law.com

Legislation that would limit damages for medical malpractice passed the House on Thursday for the third consecutive year. The bill, approved by a vote of 230-194, would cap awards for pain and suffering at $250,000, and would in many cases cap punitive damages at $250,000. Supporters of the caps say they will stabilize malpractice insurance premiums, but opponents say victims of malpractice would be prevented from obtaining fair compensation for their injuries.

By Kevin Freking

3 minute read

June 20, 2006 | Law.com

A day late and possibly several millions of dollars short. That's the scenario facing one drug manufacturer unless it can get a helping hand from Congress. Legislation in the House -- which some critics call the "Dog Ate My Homework Act" -- would give the agency overseeing patents discretion in approving late requests for extensions. The stakes are huge for The Medicines Co., which filed a patent extension application for its Angiomax drug one day too late.

By Kevin Freking

4 minute read

June 20, 2006 | Corporate Counsel

A day late and possibly several millions of dollars short. That's the scenario facing one drug manufacturer unless it can get a helping hand from Congress. Legislation in the House -- which some critics call the "Dog Ate My Homework Act" -- would give the agency overseeing patents discretion in approving late requests for extensions. The stakes are huge for The Medicines Co., which filed a patent extension application for its Angiomax drug one day too late.

By Kevin Freking

4 minute read

December 20, 2005 | Law.com

Drug manufacturers are a step closer toward winning the liability protections they say they need before investing in medicines to combat a bird flu pandemic. Consumers seeking damages on claims they were harmed by a vaccine would have to prove willful misconduct by drug makers, instead of the lower standard of negligence used in many product liability cases. Opponents describe the protections, approved Monday by the House, as a "massive Christmas bonus to the drug companies."

By Kevin Freking

4 minute read

November 17, 2005 | Law.com

People injured by a vaccine against bird flu or anthrax would have to prove willful misconduct to bring a claim for damages against drug manufacturers or distributors, according to legislation being drafted behind the scenes by Republicans. A 10-page draft of the legislation obtained by The Associated Press says it would be up to the Health and Human Services secretary to declare that such misconduct occurred. If that declaration is made, the case must be heard in federal court.

By Kevin Freking

4 minute read

February 28, 2007 | Law.com

At a Senate hearing on legislation that would let the FDA regulate tobacco products, Democratic proponents focused on the health effects of tobacco use, while one Republican senator aired a report on how the 46 states that reached a settlement with four big tobacco companies in 1998 have used the funds they received. Sen. Mike Enzi, R-Wyo., says the legislation at issue would undermine the FDA's mission of approving cures. But its chances are seen as good now that Democrats control Congress.

By Kevin Freking

4 minute read

November 02, 2005 | Law.com

Declaring that the number of vaccine producers has "plummeted" as "the industry has been flooded with lawsuits, President Bush said Tuesday that granting vaccine manufacturers protection from civil lawsuits would help fight a potential pandemic. Some officials have identified other reasons for the small number of vaccine producers -- and the trade association for trial lawyers called the president's proposal "a huge giveaway to drug companies that are making record-breaking profits."

By Kevin Freking

4 minute read