Advocates for Justice

Drug compounding is the process by which a pharmacist combines or alters ingredients to make medications tailored to individual patient needs. Common examples include putting medication in liquid form for elderly patients or excluding an allergen. Many people benefit from these services. 

Bedsores – also known as pressure sores, or decubitus ulcers – are extremely painful.  They can lead to death.  A bedsore is an injury to the skin and tissue caused by prolonged pressure on the skin.  To people without medical training the name may seem benign.  They are not.  A Stage 4 bedsore can be an open wound that extends to the bone.

29 million dressers are being recalled by IKEA for a tipping hazard that has led to the death of at least 6 children.  The recall covers dozens of models of dressers, although most news coverage has focused on the top selling Malm dressers – if you have bought any model dresser from IKEA you need to check the full list of recalled dressers.  IKEA dressers are ubiquitous in homes around the world, including in the United States.  

As elder law attorneys we help seniors, dependent adults and their families when there has been serious injury or death or large losses of money.  Over the years we have worked with hundreds of elders and family members.  These are 10 take away points that we wished all families with loved ones in nursing homes (also referred to as Skilled Nursing Facilities (“SNFs”)) knew:

The issue of what constitutes a medical provider’s “usual and customary” price has been at the center of a litany of false claims act litigation, at both the state and federal levels.  When dealing with prescription drugs paid for by Medicare Part D, CMS states “where a pharmacy offers a lower price to customers throughout a benefit year” the lower price is considered the “usual and customary” price rather than “a one-time ‘lower cash’ price.”

Late Wednesday afternoon a judge in Michigan approved $225 million in settlements for American consumers and businesses who purchased automobiles that were affected by an international automotive parts price-fixing cartel.  The Hon. Marianne O. Battani of the United States District Court for the Eastern District of Michigan ordered that the settlements should be approved, compensating American consumers for overcharges they paid as a result of the conspiracy.

May 5, 2016 marks an important day for consumers in the United States, as it is the day that the Consumer Financial Protection Bureau (CPFB) issued proposed rules prohibiting banks and other financial institutions from inserting mandatory arbitration provisions in consumer contracts.  These arbitration clauses have grown in popularity as a tool by big-business to prevent consumers from banding together to pursue claims in court and also from pursuing claims as class actions.  Mandatory arbitration provisions give financial institutions a free pass to violate the law at the expense of consumers.  Banks know that they can make billions through sharp and illegal practices when they put a ban on class actions and court proceedings into their ‘take it or leave it’ contracts with consumers.  Big-business knows that few consumers would have the resources to pursue a claim in arbitration when only a few dollars, or few hundred dollars, or even a few thousand dollars are at stake.  This is especially true since class action bans prohibit consumers from joining together to remedy wrongs and is especially true when the mandatory arbitration clauses let the financial institutions pick which arbitrator to use, which rules apply, and which law applies.

The Ninth Circuit decided today that a named plaintiff in a representative action can still pursue class certification even if his individual claims are satisfied through a defendant’s “pick off” tactics and that a case cannot be deemed moot until the plaintiff is afforded a fair opportunity to show that class certification is warranted.

Today, in the Surfrider Foundation’s litigation against the owner of Martins Beach, CPM filed its response brief in the appeal phase of the case.  After a full trial in 2014, Judge Barbara Mallach found the owner had violated the Coastal Act by blocking the public’s access to the popular surf spot just south of Half Moon Bay.

In federal and California state courts, defendants often look to the “public disclosure bar,” 31 U.S.C. § 3730(e)(4)(A) and Cal. Gov. Code section 12652, subd. (d)(3)(A), to shield them from liability from claims brought under the Federal and California False Claims Acts. Not surprisingly, defendants routinely argue that the public disclosure bar should be broadly construed to bar claims that are only tangentially related to information publicly disclosed before the whistleblower (also called the “relator”) filed their false claims action.