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Pharmacy Law

Julie M. Janeway Honored as MLW’s “Influential Women of Law,” 2022

Foley, Baron, Metzger and Juip, PLLC is proud to announce that our Senior Healthcare Counsel, Julie M. Janeway, has been selected as one of Michigan Lawyers Weekly’s “Influential Women of Law” for 2022.  This distinction is awarded to women attorneys and judges for their excellent work on behalf of the justice system and their clients, their commitment to their communities and to the profes

Kim Sveska Publishes Article for MPA Journal – “FDA Changes Direction Regarding Compounded Drugs”

FBMJ pharmacist attorney, Kim Sveska, recently published the article “FDA Changes Direction Regarding Compounded Drugs” in the Michigan Pharmacist Journal (2022 Vol. 60 Issue 2), a publication of the Michigan Pharmacists Association (MPA). The article discusses recent developments in the FDA’s push to obtain a Memorandum of Understanding (MOU) from all states that set a 5% limit on interstat

Pharmacist Attorney Kim Sveska Publishes Article for MPA Journal – “PREP Act: What You Need To Know And What It Means For Prescribing”

FBMJ pharmacist attorney, Kim Sveska, recently published the article “PREP Act:  What You Need To Know And What It Means For Prescribing” in the Michigan Pharmacist Journal (2022 Vol. 60 Issue 1), a publication of the Michigan Pharmacists Association (MPA). The article discusses the PREP Act and how it relates to pharmacists, particularly as it relates to COVID-19 therapeutics. Read the full

FBMJ Attorneys Co-Author Medscape Article – 7 Legal Risks of Promoting Unproven COVID Treatments

FBMJ attorneys Julie Janeway and Brian Whitelaw co-authored, “7 Legal Risks of Promoting Unproven COVID Treatments,” published by Medscape on December 6, 2021. The article cautions healthcare providers of the risks of promoting unproven products, preventives, treatments and cures when treating patients with COVID-19.The article discusses the consequences from state medical boards, including t

The MRA Recalls Products Tested by Viridis; Viridis Sues the MRA; Court Partially Reverses Recall

On November 17, 2021, the Michigan Marijuana Regulatory Agency (“MRA”) issued a notice of recall of all cannabis products tested by Viridis and Viridis North from August 10, 2021 to November 16, 2021, citing “inaccurate and/or unreliable results.” The MRA indicated that hundreds of cannabis retailers had products in their inventory subject to the recall. The recall has been reported to imp

Proposed MRA Rules Revision Will Impact Growers, Processors & Provisioning Centers

The Michigan Marijuana Regulatory Agency (“MRA”) periodically updates the administrative rules that impact licensed cannabis operations. On September 27, 2021, the MRA held a public hearing with respect to proposed rule changes will now review the public comments and submit a final draft of proposed rules to the Michigan Legislature’s Joint Committee on Administrative Rules (“JCAR”) for

FBMJ Attorneys Featured Presenters at MSHRM Event

FBMJ attorneys, Saulius Polteraitis and Carlos Escurel, recently presented “Covid Liability and Impact Medical Malpractice Claims” to the Michigan Society of Healthcare Risk Managers (MSHRM) as part of its Webinar series. They were joined by Mike Severyn of ProAssurance on the panel.The presentation covered the anticipated landscape of malpractice claims stemming from COVID, its impact on liti

Pharmacist Attorney Kim Sveska Publishes Article for MPA Journal – “Don’t Forget to Sue the Pharmacist”

FBMJ pharmacist attorney, Kim Sveska, recently published the article “Don’t Forget to Sue the Pharmacist” in the Michigan Pharmacist Journal (2021 Vol. 59 Issue 1), a publication of the Michigan Pharmacists Association (MPA). The article discusses recent legal precedents that could lead to greater liability for pharmacists.The Michigan Pharmacists Association (MPA) is a state professional so

Michigan Gov. Signs Law Giving Healthcare Facilities Liability Protections

On October 22, 2020, Governor Whitmer signed into law House Bill 6159, creating a Pandemic Health Care Immunity Act to protect health care workers against liability for claims arising out of care provided in response to the COVID-19 pandemic. This law was part of a package of COVID-related bills signed last week that included a law that protects businesses that comply with “all relevant COVID-19

Pharmacies Can Be Sued For Ordinary Negligence But Not Medical Malpractice

By: Nicole Joseph-WindeckerIn its unanimous unpublished decision of Estate of Kevin Karl Gottschalk, by Kathleen Tocco, Personal Representative. v. Plumbrook Pharmacy, et al., the Michigan Court of Appeals held that pharmacies cannot be sued for medical malpractice as a matter of law. This ruling on September 17 was consistent with prior decisions from Michigan courts on the grounds that pharmacie