Pharmacy Law
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By: Nicole Joseph-WindeckerIn its unanimous unpublished decision of Estate of Kevin Karl Gottschalk, by Kathleen Tocco, Personal Representative.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
FBMJ Attorneys Featured Presenters at MSHRM Event
FBMJ attorneys, Clyde M. Metzger and Mitchell C. Jackson, presented "Avoiding (Digital) Skeletons in the (Electronic) Closet" to the Michigan Society of Healthcare Risk Management (MSHRM) on September 16, 2020, as part of its Webinar series.The presentation covered current trends and legal issues surrounding the preservation of electronically-stored information ("ESI"), including the importance of
Attorney Anthony Pignotti Authors Article on COVID-19 Executive and Administrative Orders and Their Impact on the Legal System for MDTC Quarterly
FBMJ attorney Anthony Pignotti authored “Summary and Analysis of Executive and Administrative Orders Issued in Response to the COVID-19 Pandemic and Their Impact on the Legal System” for the September 2020 issue of Michigan Defense Quarterly Volume 37, No. 1 - 2020.The article addresses how COVID-19-related executive and administrative orders in Michigan have impacted civil litigation deadline
Executive Order 2020-104 Authorizes Pharmacists, Physician Assistants, and Nurse Practitioners to Establish and Administer COVID-19 Testing Services With Proper Safety Protocols in Place
Governor Whitmer’s Executive Order (EO 2020-104, the “Order”) aims to help prevent the further spread of COVID-19 by enabling additional types of qualified medical professionals to order and administer COVID-19 tests. The Order encourages the establishment of community testing locations by reducing barriers to siting and staffing such test sites. As such, we expect to see an increase in the
Executive Order 2020-97 Requires Michigan Companies to Develop a COVID-19 Infectious Disease Plan by June 1, 2020, Or Within Two Weeks of Resuming In-Person Work
Governor Whitmer has built upon prior executive orders and clarified the process for returning to “in-person” work in Michigan via Executive Order 2020-97 (the “Order,” available here). The Order requires that by the later of June 1, 2020, or within two weeks of resuming in-person work, any company operating in Michigan must have its COVID-19 Infectious Disease Plan made readily available
FDA Says CBD is Illegal to Market & Possibly Unsafe
FBMJ attorneys Kim Sveska and Eric Nordan co-authored “FDA Says CBD Is Illegal To Market And Possibly Unsafe” published in the January 2020 issue of Michigan Pharmacist. The article concentrates on the legal uncertainty of the cannabidiol (CBD) products market.“FDA Says CBD Is Illegal to Market and Possibly Unsafe” discusses hemp and the confusion regarding its removal from the controlled
Is Your Vape Safe?
According to the Centers for Disease Control’s (CDC), as of January 21, 2020, 2,711 EVALI cases (e-cigarette or vaping product use-associated lung injury) or deaths have been reported to the CDC. There have been sixty (60) confirmed deaths in 27 states and the District of Columbia, including three (3) from Michigan. More deaths are under investigation. So far, 82% of EVALI patients reported usin
Attorneys Baron, Cortez & Nordan Co-Author Article for CLM Magazine – “The Path Forward For Cannabis”
FBMJ attorneys Richard Baron, Daniel Cortez and Eric Nordan co-authored “The Path Forward For Cannabis,” published in the December 2019 issue of CLM Magazine. The article focuses on legal and regulatory developments in 2019 that signal clarity and confusion for insurers.“The Path Forward For Cannabis” discusses a look back at the developments in the cannabis industry in 2019, including the