Issue: February 2012
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The New Oral Contraceptives: Stroke and Other Adverse Event Liability

Introduction

Prevalance of Oral Contraceptive Use

The new oral contraceptives, including Yaz and Yasmin, are a major component of the pharmaceuticals industry. Women choose to use these synthetic hormones for their additional benefits, such as acne control, but many adverse consequences have been reported including stroke, cardiovascular events, clotting, and other problems.

 

BONUS: Because the liability of the oral contraceptive manufacturer is important in any litigation involving injury from oral contraceptive use, this perspective has been discussed in addition to the perspectives of the attorney, physician, insurer, and employer.


The Perspectives: Improve Your Strategy

Attorneys:

What facts are needed to prove injury from oral contraceptive use?

Physicians:

How can liability for medical malpractice be avoided for injury from oral contraceptive use?

Insurers:

Can a payout under a medical malpractice liability or a manufacturer’s policy be avoided by proof that the injury was not caused by the physician’s or drug manufacturer’s actions?

Employers:

Can a hospital be subject to liability for an injury from prescription of oral contraceptives by an employee-physician under the doctrine of respondeat superior?

Bonus:

What attempts have been made to find the manufacturer liable for injury from use of its oral contraceptive?


Practice the Technique: Checklists

Attorneys:

A litigation checklist of facts and circumstances tending to prove medical malpractice injury from use of an oral contraceptive.

Physicians:

Physicians must consider this litigation checklist when defending an alleged medical malpractice or negligence claim arising from oral contraceptive use injury.

Insurers:

The insurer may use this litigation checklist to spot “red flags” and inconsistencies when investigating a claim of injury from oral contraceptive use.

Employers:

Use this litigation checklist to determine if the employer, such as a hospital, could be liable for a physician’s prescription of an oral contraceptive resulting in patient injury.

Bonus:

A litigation checklist for the manufacturer to determine if a warning was required, if it was given, if the warning was adequate, and if the use of the manufacturer’s oral contraceptive was the cause of the patient’s injury.

Expert Analysis

Can a Gynecologist Be Found Liable for Failure to Supervise?

Dan J Tennenhouse, MD, JD, FCLM

What Considerations Do Medical Liability Insurers Have?

Michael C. Stinson, JM

Should Employers Worry About the Risks of Oral Contraceptive Injury to Employees?

Nancy Graber, JD

Litigation

Alternative Dispute Resolution

Arbitration or mediation may be required by contract or statute, mandated by the court or, in some circumstances, may be the appropriate method for a negotiated resolution.


Reasons to Reach Settlement

Reasons why the attorney, physician, insurer, employer or manufacturer would want to reach settlement, and not take the oral contraceptive injury action to trial.


Reasons to Go to Trial

Reasons why the attorney, physician, insurer, employer, or manufacturer would want to take the oral contraceptive injury action to trial.


Jury Awards and Settlements

How much have juries awarded, or what are the settlement amounts, in oral contraceptive injury cases?



Medical Examples

Medical: Injury from Oral Contraceptive Use

Detailed medical information on injury from oral contraceptive use, including oral contraceptive purposes and products, the difference between the old and new versions, dosing and usage, who should not use these contraceptives, potential adverse effects, and the injured patient’s ability to work.



Law and Medicine Resources

References

A listing of law and medical references for further information on oral contraceptive injury.


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The New Oral Contraceptives: Stroke and Other Adverse Event Liability

Table of Contents
Introduction

Expert Analysis
   Dan J Tennenhouse, MD, JD, FCLM
   Michael C. Stinson, JM
   Nancy Graber, JD

The Perspectives: Improve Your Strategy
   Attorneys
   Physicians and Health Providers
   Insurers
   Employers and Risk Managers
   Bonus: Manufacturers

Practice the Technique: Checklists
   Attorney Checklist
   Physician and Health Provider Checklist
   Insurer Checklist
   Employer and Risk Manager Checklist
   Bonus: Manufacturer Checklist

Alternative Dispute Resolution

Reasons to Reach Settlement

Reasons to Go to Trial

Jury Awards and Settlements

Medical: Injury from Oral Contraceptive Use

References