Mega Malpractice Verdicts Against Physicians on the Rise

Alicia Gallegos

MedScape.com

Originally posted 2 Feb 24

Here is an excerpt:

Why Are Juries Awarding Higher Verdicts?

There's no single reason for the rise in nuclear verdicts, Henderson said.

One theory is that plaintiffs' attorneys held back on resolving high-dollar cases during the COVID pandemic and let loose with high-demand claims when courts returned to normal, he said.

Another theory is that people emerged from the pandemic angrier.

"Whether it was political dynamics, masking [mandates], or differences in opinions, people came out of it angry, and generally speaking, you don't want an angry jury," Henderson said. "For a while, there was the halo effect, where health professionals were seen as heroes. That went away, and all of a sudden [they] became 'the bad guys'."

"People are angry at the healthcare system, and this anger manifests itself in [liability] suits," added Bill Burns, vice president of research for the Medical Professional Liability Association, an industry group for medical liability insurers.

Hospital and medical group consolidation also reduces the personal connection juries may have with healthcare providers, Burns said.

"Healthcare has become a big business, and the corporatization of medicine now puts companies on the stand and not your local community hospital or your family doctor that you have known since birth," he said.

Plaintiffs' attorneys also deploy tactics that can prompt higher verdicts, White said. They may tell a jury that the provider or hospital is a threat to the community and that awarding a large verdict will deter others in the healthcare community from repeating the same actions.

Juries may then want to punish the defendant in addition to assessing damages for economic harm or pain and suffering, White said.

The article is here.

Academics Raise More Than $315,000 for Data Bloggers Sued by Harvard Business School Professor Gino

Neil H. Shah & Claire Yuan

The Crimson

Originally published 1 Sept 23

A group of academics has raised more than $315,000 through a crowdfunding campaign to support the legal expenses of the professors behind data investigation blog Data Colada — who are being sued for defamation by Harvard Business School professor Francesca Gino.

Supporters of the three professors — Uri Simonsohn, Leif D. Nelson, and Joseph P. Simmons — launched the GoFundMe campaign to raise funds for their legal fees after they were named in a $25 million defamation lawsuit filed by Gino last month.

In a series of four blog posts in June, Data Colada gave a detailed account of alleged research misconduct by Gino across four academic papers. Two of the papers were retracted following the allegations by Data Colada, while another had previously been retracted in September 2021 and a fourth is set to be retracted in September 2023.

Organizers wrote on GoFundMe that the fundraiser “hit 2,000 donors and $250K in less than 2 days” and that Simonsohn, Nelson, and Simmons “are deeply moved and grateful for this incredible show of support.”

Simine Vazire, one of the fundraiser’s organizers, said she was “pleasantly surprised” by the reaction throughout academia in support of Data Colada.

“It’s been really nice to see the consensus among the academic community, which is strikingly different than what I see on LinkedIn and the non-academic community,” she said.

Elisabeth M. Bik — a data manipulation expert who also helped organize the fundraiser — credited the outpouring of financial support to solidarity and concern among scientists.

“People are very concerned about this lawsuit and about the potential silencing effect this could have on people who criticize other people’s papers,” Bik said. “I think a lot of people want to support Data Colada for their legal defenses.”

Andrew T. Miltenberg — one of Gino’s attorneys — wrote in an emailed statement that the lawsuit is “not an indictment on Data Colada’s mission.”

The info is here.

Amid Uncertainty About Francesca Gino’s Research, the Many Co-Authors Project Could Provide Clarity

Evan Nesterak

Behavioral Scientist

Originally posted 30 Aug 23

Here are two excerpts:

“The scientific literature must be cleansed of everything that is fraudulent, especially if it involves the work of a leading academic,” the committee wrote. “No more time and money must be wasted on replications or meta-analyses of fabricated data. Researchers’ and especially students’ too rosy view of the discipline, caused by such publications, should be corrected.”

Stapel’s modus operandi was creating fictitious datasets or tampering with existing ones that he would then “analyze” himself, or pass along to other scientists, including graduate students, as if they were real.

“When the fraud was first discovered, limiting the harm it caused for the victims was a matter of urgency,” the committee said. “This was particularly the case for Mr. Stapel’s former Ph.D. students and postdoctoral researchers, whose publications were suddenly becoming worthless.”

Why revisit the decade-old case of Stapel now? 

Because its echoes can be heard in the unfolding case of Harvard Business School Professor Francesca Gino as she faces allegations of data fraud, and her coauthors, colleagues, and the broader scientific community figure out how to respond. Listening to these echoes, especially those of the Stapel committee, helps put the Gino situation, and the efforts to remedy it, in greater perspective.

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“After a comprehensive evaluation that took 18 months from start to completion, the investigation committee—comprising three senior HBS colleagues—determined that research misconduct had occurred,” his email said. “After reviewing their detailed report carefully, I could come to no other conclusion, and I accepted their findings.”

He added: “I ultimately accepted the investigation committee’s recommended sanctions, which included immediately placing Professor Gino on administrative leave and correcting the scientific record.”

While it is unclear how the lawsuit will play out, many scientists have expressed concern about the chilling effects it might have on scientists’ willingness to come forward if they suspect research misconduct. 

“If the data are not fraudulent, you ought to be able to show that. If they are, but the fraud was done by someone else, name the person. Suing individual researchers for tens of millions of dollars is a brazen attempt to silence legitimate scientific criticism,” psychologist Yoel Inbar commented on Gino’s statement on Linkedin. 

It is this sentiment that led 13 behavioral scientists (some of whom have coauthored with Gino) to create a GoFundMe campaign on behalf of Simonsohn, Simmons, and Nelson to help raise money for their legal defense. 

The info is here.

Houston Christian U Sues Tim Clinton & American Assoc of Christian Counselors for Fraud & Breach of Contract

Rebecca Hopkins

The Roys Report

Originally posted 21 MAR 23

Houston Christian University (HCU) once planned to name its mental health program after Tim Clinton, president of the American Association of Christian Counselors (AACC)—the world’s leading Christian counseling organization. Now HCU is suing Clinton, the AACC, and their related organizations for $1 million, accusing them of fraud, breach of contract, and concealing Clinton’s alleged plagiarism.

AACC “knew of Dr. Clinton’s practice of plagiarizing but failed to disclose the same to Plaintiff, knowing of the importance of academic honesty to any institution of higher learning,” the suit says. “. . . Yet, AACC still entered into several agreements with Plaintiff while not disclosing the academic honesty.”

In 2016-17, HCU (then named Houston Baptist University) hired Tim Clinton and the 50,000-member AACC for more than $5 million, multiple agreements show.

As part of the agreements, Clinton and the AACC promised to deliver new enrollments to the private Baptist school and to develop 50 new courses for HCU’s counseling program. The school also contracted with Clinton to help start, lead, and promote a global mental health center at HCU for an additional payment of $26,000 per month.

However, according to the lawsuit filed March 3 in Harris County District Court in Texas, Clinton and the AACC failed to deliver “on the expressed scope of the contracts.”

The contract expressed a goal of 133 new enrollments, but AACC delivered only one student, the suit says. Plus, the new courses were supposed to be written by the AACC, the suit adds, but instead AACC outsourced the courses to a third party.

Additionally, during the time of the agreement, Clinton was accused of plagiarism. In 2018, Grove City College psychology professor Warren Throckmorton accused Clinton of plagiarism in articles Clinton posted on Medium.

Clinton attributed the issues to the use of research assistants and graduate students, as well as a former employee’s poor standards, and third-party partners’ mistakes.

The info is here.

Seven years of sex abuse: How Mormon officials let it happen

Michael Rezendes

The Associated Press

Originally posted 4 AUG 22

Here is an excerpt:

When it comes to child sexual abuse, the Mormon church says “the first responsibility of the church in abuse cases is to help those who have been abused and protect those who may be vulnerable to future abuse,” according to its 2010 handbook for church leaders. The handbook also says, “Abuse cannot be tolerated in any form.”

But church officials, from the bishops in the Bisbee ward to officials in Salt Lake City, tolerated abuse in the Adams family for years.

“They just let it keep happening,” said MJ, in her AP interview. “They just said, ‘Hey, let’s excommunicate her father.’ It didn’t stop. ‘Let’s have them do therapy.’ It didn’t stop. ‘Hey, let’s forgive and forget and all this will go away.’ It didn’t go away.”

A similar dynamic played out in West Virginia, where church leaders were accused of covering up the crimes committed by a young abuser from a prominent Mormon family even after he’d been convicted on child sex abuse charges in Utah. The abuser, Michael Jensen, today is serving a 35- to 75-year prison sentence for abusing two children in West Virginia. Their family, along with others, sued the church and settled out of court for an undisclosed sum.

“Child abuse festers and grows in secrecy,” said Lynne Cadigan, a lawyer for the Adams children who filed suit. “That is why the mandatory reporting came into effect. It’s the most important thing in the world to immediately report to the police.”

The lawsuit filed by the three Adams children accuses The Church of Jesus Christ of Latter-day Saints and several members, including Bishops Herrod and Mauzy, of negligence and conspiring to cover up child sex abuse to avoid “costly lawsuits” and protect the reputation of the church, which relies on proselytizing and tithing to attract new members and raise money. In 2020, the church claimed approximately 16 million members worldwide, most of them living outside the United States.

“The failure to prevent or report abuse was part of the policy of the defendants, which was to block public disclosure to avoid scandals, to avoid the disclosure of their tolerance of child sexual molestation and assault, to preserve a false appearance of propriety, and to avoid investigation and action by public authority, including law enforcement,” the suit alleges. “Plaintiffs are informed and believe that such actions were motivated by a desire to protect the reputation of the defendants.”

Very few of the scores of lawsuits against The Church of Jesus Christ of Latter-day Saints mention the help line, in part because details of its operations have been a closely guarded secret. The documents in the sealed court records show how it works.

“The help line is certainly there to help — to help the church keep its secrets and to cover up abuse,” said Craig Vernon, an Idaho attorney who has filed several sex abuse lawsuits against the church.

Vernon, a former member, routinely demands that the church require bishops to report sex abuse to police or state authorities rather than the help line.

The sealed records say calls to the help line are answered by social workers or professional counselors who determine whether the information they receive is serious enough to be referred to an attorney with Kirton McConkie, a Salt Lake City firm that represents the church.

The info is here.

Human Trafficking Survivor Settles Lawsuit Against Motel Where She Was Held Captive

Todd Bookman
npr.org
Originally posted 20 Feb 20

Here is an excerpt:

Legal experts and anti-trafficking groups say her 2015 case was the first filed against a hotel or motel for its role in a trafficking crime.

"It is not that any hotel is liable just because trafficking occurred on their premises," explains Cindy Vreeland, a partner at the firm WilmerHale, which handled Ricchio's case pro bono. "The question is whether the company that's been sued knew or should have known about the trafficking."

After a number of appeals and delays, the case finally settled in December 2019 with Ricchio receiving an undisclosed monetary award. Owners of the Shangri-La Motel didn't respond to a request for comment.

"I never thought it would be, like, an eight-year process," Ricchio says. "Anything in the court system seems to take forever."

That slow process isn't deterring other survivors of trafficking from bringing their own suits.

According to the Human Trafficking Institute, there were at least 25 new cases filed nationwide against hotels and motels last year under the TVPA.

Some of the named defendants include major chains such as Hilton, Marriott and Red Roof Inn.

"You can't just let anything happen on your property, turn a blind eye and say, 'Too bad, so sad, I didn't do it, so I'm not responsible,' " says Paul Pennock with the firm Weitz & Luxenberg.

The info is here.

Holding Insurers Accountable for Parity in Coverage of Mental Health Treatment.

Paul S. Appelbaum and Joseph Parks
Psychiatric Services 
Originally posted 14 Nov 19

Despite a series of federal laws aimed at ensuring parity in insurance coverage of treatment for mental health and general health conditions, patients with mental disorders continue to face discrimination by insurers. This inequity is often due to overly restrictive utilization review criteria that fail to conform to accepted professional standards.

A recent class action challenge to the practices of the largest U.S. health insurer may represent an important step forward in judicial enforcement of parity laws.

Rejecting the insurer’s guidelines for coverage determinations as inconsistent with usual practices, the court enunciated eight principles that defined accepted standards of care.

In 2013, Natasha Wit, then 17 years old, was admitted to Monte Nido Vista, a residential treatment facility in California for women with eating disorders. At the time, she was said to be suffering from a severe eating disorder, with medical complications that included amenorrhea, adrenal and thyroid problems, vitamin deficiency, and gastrointestinal symptoms. She was also reported to be experiencing symptoms of depression and anxiety, obsessive-compulsive behaviors, and marked social isolation. Four days after admission, her insurer, United Behavioral Health (UBH), denied coverage for her stay on the basis that her “treatment does not meet the medical necessity criteria for residential mental health treatment per UBH Level of Care Guidelines for Residential Mental Health.” The reviewer suggested that she could safely be treated at a less restrictive level of care (1).

Ms. Wit’s difficulty in obtaining coverage from her health insurer for care that she and her treaters believed was medically necessary differed in only one respect from the similar experiences of thousands of patients around the country: her family was able to pay for the 2 months of residential treatment that UBH refused to cover.

The info is here.

Google Contractors Listen to Recordings of People Using Virtual Assistant

Sarah E. Needleman and Parmy Olson
The Wall Street Journal
Originally posted July 11, 2019

Here are two excerpts:

In a blog post Thursday, Google confirmed it employs people world-wide to listen to a small sample of recordings.

The public broadcaster’s report said the recordings potentially expose sensitive information about users such as names and addresses.

It also said Google, in some cases, is recording voices of customers even when they aren’t using Google Assistant [emphasis added].

In its blog post, Google said language experts listen to 0.2% of “audio snippets” taken from the Google Assistant to better understand different languages, accents and dialects.

(cut)

It is common practice for makers of virtual assistants to record and listen to some of what their users say so they can improve on the technology, said Bret Kinsella, chief executive of Voicebot.ai, a research firm focused on voice technology and artificial intelligence.

“Anything with speech recognition, you generally have humans at one point listening and annotating to sort out what types of errors are occurring,” he said.

In May, however, a coalition of privacy and child-advocacy groups filed a complaint with federal regulators about Amazon potentially preserving conversations of young users through its Echo Dot Kids devices.

The info is here.

A Missed Opportunity for the Malpractice System to Improve Health Care

Aaron Carroll
The New York Times
Originally posted May 27, 2019

Here are two excerpts:

First, the good news: These doctors quit at higher rates than other physicians. And they also tend not to pick up and move somewhere else to start fresh (which many thought they’d do given that licenses and malpractice are regulated at the state level).

But the overwhelming majority of doctors who had five or more paid claims kept on going. And they also moved to solo practice and small groups more often, where there’s even less oversight, so those problematic doctors may produce even worse outcomes.

We have long known that some doctors are likelier than others to be sued. Those who practice in certain higher-risk specialties — like surgery, obstetrics and gynecology, and emergency medicine — are more likely to be sued than those in lower-risk specialties like family medicine, pediatrics and psychiatry. Men are more likely to be sued than women. Lawsuits seem to peak when doctors are around 40.

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Those who accumulated more claims were more likely to stop practicing medicine. Even though they were more likely to retire, more than 90 percent of doctors who had at least five claims were still in practice.

Physicians with more claims were also not any more likely than those with fewer or no complaints to move to another state and continue practicing. This is actually one of the reasons the practitioner data bank was created — to prevent doctors from running away from their history by moving between states. In that respect, it appears to be working.

What’s worrisome, though, is that physicians with more claims shifted their type of practice. Those with five or more claims had more than twice the odds of moving into solo practice.

The info is here.

Confidential deals can obscure sexual misconduct allegations against doctors

Jayne O'Donnell
USA TODAY
Originally published January 5, 2018

Here are two excerpts:

Hospitals will often take over doctors' liability in confidential settlements, which Washington plaintiffs' attorney Patrick Malone calls a "frequent dodge" to keep medical negligence claims out of the National Practitioners Data Bank. Before they hire doctors, hospitals check the data bank, which also includes disciplinary actions by hospitals, medical societies and boards, which also have access to it.

Duncan's case, however, was a "miscellaneous tort claim," filed after Ohio's one-year statute of limitations for medical malpractice claims had passed.

That's just one of the many laws working in the favor of the Cleveland Clinic and the health care industry in Ohio. Plaintiff lawyer Michael Shroge, a former Cleveland Clinic associate general counsel, says major health care systems are "very often more interested in protecting their brand than protecting the health of patients."

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Critics of settlement deals' gag clauses say they compromise patients' health and safety and are unethical.

Confidential settlements are particularly problematic when it comes to health care, as "we take off our clothes in front of doctors," said Malone, who specializes in medical malpractice cases. "For a doctor to violate that in a sexual way is the ultimate wrong," he said, adding that he only agrees to confidential settlements if his client insists and only of the settlement amount.

The information is here.

Trump presidency spurs cottage industry of ethics watchdogs

Fredreka Schouten
USA Today
Originally posted November 23, 2017

Here is an excerpt:

The groups pursuing Trump say they are trying to keep close tabs on a president who is bucking ethical norms by retaining ownership of his businesses and abruptly firing FBI Director James Comey, who was leading the agency’s probe into the Russian government involvement in last year’s election.

“We are in a crisis of ethics,” said Noah Bookbinder, the executive director of Citizens for Responsibility and Ethics in Washington or CREW. “There are ethics a
nd conflicts and influence problems in this administration unlike any we have ever seen. And it began with the president’s decision not to divest from his businesses.”

White House officials this week contended that Trump is operating ethically. As an example, they point to his signing of a far-reaching ethics policy that, among other things, tries to slow the revolving door between government and industry by imposing a five-year cooling-off period before former government appointees can work as lobbyists.

“An organized onslaught from partisan groups committed to undermining the President’s agenda can’t change the fact that he has elevated ethics within this administration,” White House spokesman Raj Shah said in a statement.

The information is here.

After medical error, apology goes a long way

Science Daily
Originally posted October 2, 2017

Summary: Discussing hospital errors with patients leads to better patient safety without spurring a barrage of malpractice claims, new research shows.

In patient injury cases, revealing facts, offering apology does not lead to increase in lawsuits, study finds

Sometimes a straightforward explanation and an apology for what went wrong in the hospital goes a long way toward preventing medical malpractice litigation and improving patient safety.

That's what Michelle Mello, JD, PhD, and her colleagues found in a study to be published Oct. 2 in Health Affairs.

Mello, a professor of health research and policy and of law at Stanford University, is the lead author of the study. The senior author is Kenneth Sands, former senior vice president at Beth Israel Deaconess Medical Center.

Medical injuries are a leading cause of death in the United States. The lawsuits they spawn are also a major concern for physicians and health care facilities. So, hospital risk managers and liability insurers are experimenting with new approaches to resolving these disputes that channel them away from litigation.

The focus is on meeting patients' needs without requiring them to sue. Hospitals disclose accidents to patients, investigate and explain why they occurred, apologize and, in cases in which the harm was due to a medical error, offer compensation and reassurance that steps will be taken to keep it from happening again.

The article is here.

The target article is here.

DOJ corporate compliance watchdog resigns citing Trump's conduct

Olivia Beavers
The Hill
Originally published July 2, 2017

A top Justice Department official who serves as a corporate compliance watchdog has left her job, saying she felt she could no longer force companies to comply with the government's ethics laws when members of the administration she works for have conducted themselves in a manner that she claims would not be tolerated.

Hui Chen had served in the department’s compliance counsel office from November 2015 until she resigned in June, breaking her silence in a LinkedIn post last week highlighted by The International Business Times, which points to the Trump administration’s behavior as the reason for her job change.

“To sit across the table from companies and question how committed they were to ethics and compliance felt not only hypocritical, but very much like shuffling the deck chair on the Titanic," Chen wrote.

The article is here.