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Claudia Haupt, Ignacio Cofone, Jessica Roberts, and Ana Santos Rutschman on The Week in Health Law Podcast

I am joined by guest host Claudia Haupt, Associate Professor of Law and Political Science Northeastern University School of Law and guests Ignacio Cofone, Assistant Professor of Law at McGill University, Jessica Roberts, the Director of the Health Law & Policy Institute and an Alumnae College Professor in Law, and Ana Santos Rutschman, Assistant Professor in the Center for Health Law Studies and the Center for International and Comparative Law at Saint Louis University.

We were gathered together in Boston for the Promises and Perils of Emerging Health Innovations symposium organized by our friends at Northeastern University School of Law.  Read More

Don’t Ask What Money Can Do For the Opioid Plaintiffs, Ask What Pharma Can Do For Them

Jennifer Oliva’s insightful commentary on Oklahoma’s settlement with Purdue Pharma and the Sackler family detailed the settlement terms and posed important questions about the sufficiency of the agreed damages. I’d like to push a little further on a couple of fronts.

First, what does the journey from Cleveland, Ohio to Norman, Oklahoma tell us about the opioid litigation and the multi-district (MDL) process, some aspects of which I have addressed elsewhere. Second, while dollar figures (expressed in profits, harms, and even philanthropy) have dominated the headlines, should we be paying more attention to non-monetary remedies?

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Special Indiana Health Law Review Volume to Honor Professor Eleanor Kinney: Request for Proposals


Our celebrated and generous colleague Eleanor Kinney passed away late last year. To honor her and her legacy, the Indiana Health Law Review is soliciting papers for an honorary special issue. The papers should be substantive new work by the author, but we invite the author to reflect on Eleanor’s work, legacy, or the how the work submitted was influenced by Eleanor’s work.

This is an initial call for proposals. Proposals should take the form of an abstract in the 100-200 word range. Abstracts will be reviewed by an editorial committee comprised of IU McKinney faculty and past and present editors of the Indiana Health Law Review. Abstracts should be submitted before June 1, 2019 in order to be considered for this special issue. Final papers should be 4,000-6,000 words in length and will be due by August 15, 2019. Read More

A Healthcare Frame for the Boeing Crashes

The recent crashes of two Boeing 737 MAX aircraft raise important questions for patients, physicians, and policymakers. Should aviation safety remain the gold standard that has been so influential in attempts to improve patient safety? Will doctors soon face the same problems as the pilots of those doomed planes, fighting with automated safety systems that threaten their patients? What questions does the Federal Aviation Authority (FAA) certification of the Boeing safety systems raise with regard to evolving approaches to medical device safety promoted by the Food and Drug Administration (FDA)?

Preliminary investigations into the tragic loss of life from last October’s Lion Air flight 610 departing Jakarta and this month’s crash of an Ethiopian Airlines flight 302 departing Addis Ababa have led to the grounding of 737-8 and 737-9 aircraft by the FAA. More generally, those accidents may call into question the status of aviation safety as the gold standard of industrial safety and a standard that has proved hugely influential on health care safety. Read More

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Aaron Kesselheim and Jonathan Darrow on “The Week in Health Law” Podcast

I am joined by Aaron Kesselheim and Jonathan Darrow, faculty members at Harvard Medical School and members of the Program On Regulation, Therapeutics, And Law (PORTAL) group directed by Dr. Kesselheim.

The conversation began with a discussion about drug price narratives, including whether drug prices are still increasing? We also critically discussed at least some of Vox’s 8 ideas for bringing down drug prices, and some better ones! The conversation then shifted to some issues, including pricing and expectations, with gene therapy drugs. We spent a short time on the resignation of Food and Drug Administration Commissioner Scott Gottlieb before ending our discussion with some information about PORTAL’s innovative online course, “The FDA and Prescription Drugs: Current Controversies in Context.”

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Karen DeSalvo on ‘The Week in Health Law’ Podcast

For over two decades, Indiana University Robert H. McKinney School of Law, in conjunction with the IU School of Medicine, has conferred the McDonald-Merrill-Ketcham Memorial Award for Excellence in Law and Medicine.

This year’s honoree was Dr. Karen DeSalvo, who is currently Professor of Medicine and Population Health at the University of Texas at Austin Dell Medical School. She served in the Obama Administration as National Coordinator for Health Information Technology, and Acting Assistant Secretary for Health, and previously was the Health Commissioner for the City of New Orleans.

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Who was Naughty or Nice 2018? With Zack Buck, Erin Fuse Brown, and Elizabeth Weeks Leonard.

Ho-ho-ho! The return of TWIHL’s infamous and extra long “Who’s Been Naughty or Nice?” Holiday show. This year’s festive appreciation of healthcare law and policy features the seasonal vocalizations of Zack Buck, Erin Fuse Brown, and Elizabeth Weeks Leonard. Nominees for both naughty and nice include a wealth of administration moves, plenty of good and bad Medicaid news, drug pricing, and a whole lot more to fill the stockings and trigger the consumption of prodigious amounts of egg nog. Read More

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Abbe Gluck, Michael Froomkin, Nicholson Price on ‘The Week in Health Law’ Podcast

I am joined by Abbe Gluck, Professor of Law and the Faculty Director of the Solomon Center for Health Law and Policy at Yale Law School.

In November 2018 her team pulled together an excellent roundtable on “The Law and Policy of AI, Robotics, and Telemedicine in Health Care.”

This episode of TWIH is the first of two taking a deeper dive into just a few of the  issues that were so well presented at the roundtable.

Here we were joined by Michael Froomkin, the Laurie Silvers and Mitchell Rubenstein Distinguished Professor of Law at the University of Miami School of Law and by Nicholson Price, Assistant Professor of Law at The University of Michigan Law School. Topics ranged from consent in the next generation of healthcare research to data protection, and appropriate regulatory models. Read More

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Kirk Nahra on ‘The Week in Health Law’ Podcast

A long overdue return from health care privacy and security guru Kirk Nahra. Kirk is a partner at Wiley Rein LLP in DC and teaches privacy courses at American University. We have a broad-ranging discussion touching on European General Data Protection Regulation (particularly its territorial scope), the new California Consumer Privacy Act of 2018 (particularly its attempted HIPAA carve-out), the (un)likelihood of federal privacy regulation, and some recent HIPAA cases and settlements. Read More