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Vulnerable Populations And Vaccine Injury Compensation: The Need For Legal Reform, Katharine A. Van Tassel, Sharona Hoffman 2022 Case Western University School of Law

Vulnerable Populations And Vaccine Injury Compensation: The Need For Legal Reform, Katharine A. Van Tassel, Sharona Hoffman

Faculty Publications

This chapter argues that the potential for vaccine-related harms raises acute concerns for vulnerable populations. These harms have a disparate impact on low-income people, who are disproportionately non-White, and who have limited financial resources to obtain medical care, weather job losses, and pursue injury compensation. When a vaccine is given as a countermeasure during a declared public health emergency (PHE), the problem is acute because of the limited availability of injury compensation.


Sharing Technology And Vaccine Doses To Address Global Vaccine Inequity And End The Covid-19 Pandemic, Matthew M. Kavanagh, Lawrence O. Gostin, Madhavi Sunder 2021 Georgetown University Law Center

Sharing Technology And Vaccine Doses To Address Global Vaccine Inequity And End The Covid-19 Pandemic, Matthew M. Kavanagh, Lawrence O. Gostin, Madhavi Sunder

Georgetown Law Faculty Publications and Other Works

Although COVID-19 cases are declining rapidly in the US, they have reached record highs in low- and middle-income countries (LMICs). The nucleus of the pandemic has shifted decidedly to the global south. The South-East Asia region and Latin America now represent 75% of global weekly deaths. On June 22, the Latin America region reported more than 1 million weekly new cases and 30 000 new deaths. Latin America has the highest deaths per capita, where deaths in countries such as Brazil, Argentina, Mexico, and Peru have reached 177 to 564 per hundred thousand. The Africa region has had increasing numbers ...


National Focal Points And Implementation Of The International Health Regulations, Kumanan Wilson, Sam F. Halabi, Helge Hollmeyer, Lawrence O. Gostin, David P. Fidler, Corinne Packer, Lindsay Wilson, Ronald Labonté 2021 Department of Medicine, University of Ottawa

National Focal Points And Implementation Of The International Health Regulations, Kumanan Wilson, Sam F. Halabi, Helge Hollmeyer, Lawrence O. Gostin, David P. Fidler, Corinne Packer, Lindsay Wilson, Ronald Labonté

Georgetown Law Faculty Publications and Other Works

As the COVID-19 pandemic continues, the World Health Organization (WHO), the International Health Regulations (IHR) and countries’ adherence to IHR guidance are coming under scrutiny and review. The IHR constitute a legal and governance framework that guides countries in responding to serious disease events while avoiding unnecessary interference with international trade and traffic. The IHR require States Parties to designate or establish national IHR focal points to facilitate information sharing about disease events with WHO, which makes these focal points critical in the effective implementation of the IHR within and between countries. On behalf of the State Party concerned, national ...


Co-Creating A Legal Check-Up In A School-Based Health Center Serving Low-Income Adolescents, Lisa Kessler, Yael Cannon, Nicole Tuchinda, Ana Caskin, Christina Balz Ndjatou, Vicki W. Girard, Deborah F. Perry 2021 Georgetown University Law Center

Co-Creating A Legal Check-Up In A School-Based Health Center Serving Low-Income Adolescents, Lisa Kessler, Yael Cannon, Nicole Tuchinda, Ana Caskin, Christina Balz Ndjatou, Vicki W. Girard, Deborah F. Perry

Georgetown Law Faculty Publications and Other Works

The Problem: Marginalized populations experience health-harming legal needs—barriers to good health that require legal advocacy to overcome. Medical–legal partnerships (MLPs) embed lawyers into the healthcare team to resolve these issues, but identifying patients with health-harming legal needs is complex, and screening practices vary across MLPs.

Purpose of Article: Academic and community partners who collaborate in an MLP at a school-based health center (SBHC) share their process of co-creating a two-stage legal check-up for adolescents.

Key Points: Screening adolescents for health-harming legal needs is challenging. It took ongoing collaboration to refine the process to fit the needs of adolescents ...


From Nucleotides To Nuanced Law: The Value Of An Incremental Approach To Experimentation In State-Level Genetic Anti-Discrimination Legislation, Katelyn Fisher 2021 University of Massachusetts School of Law

From Nucleotides To Nuanced Law: The Value Of An Incremental Approach To Experimentation In State-Level Genetic Anti-Discrimination Legislation, Katelyn Fisher

University of Massachusetts Law Review

A person’s genetic information tells a detailed story of what someone looks like, who her relatives are, and even what illnesses she may develop. This information, as enlightening as it may be, can be especially damaging when utilized in a discriminatory way. This Note explores how the protections under the Genetic Non Discrimination Act of 2008 will no longer be sufficient for protecting individuals from genetic discrimination as the use of genetic information becomes more commonplace. The questions become: Where do we start? How and where should protections that extend to circumstances not covered by GINA be created in ...


An Uncommon Good, 2021 DePaul University

An Uncommon Good

DePaul Magazine

DePaul College of Law alumna and civil rights attorney Karen Bass Ehler is dedicated to doing the most good for the most people. When an opportunity to join the Illinois Department of Public Health as general counsel during the COVID-19 pandemic, she left her corporate law position and took on the job. This article discusses her career trajectory, her daily work life, and her service to DePaul.


The Right To Remain Silent: Abortion And Compelled Physician Speech, J. Aidan Lang 2021 Boston College Law School

The Right To Remain Silent: Abortion And Compelled Physician Speech, J. Aidan Lang

Boston College Law Review

Across the country, courts have confronted the question of whether laws requiring physicians to display ultrasound images of fetuses and describe the human features violate the First Amendment to the U.S. Constitution. On April 5, 2019, in EMW Women’s Surgical Center, P.S.C. v. Beshear, the U.S. Court of Appeals for the Sixth Circuit joined the Fifth Circuit and upheld Kentucky’s law, thus rejecting a physician’s free speech challenge. The Supreme Court declined to review this decision without providing an explanation. The Sixth Circuit became the third federal appellate court to rule on such ...


Fighting The Ftca: Medical Malpractice, Veterans, And The Va, Taylor C. Spillers 2021 University of Arkansas, Fayetteville

Fighting The Ftca: Medical Malpractice, Veterans, And The Va, Taylor C. Spillers

Arkansas Law Review

Dr. Levy, who served as the Chief of Pathology at the Fayetteville Veterans Health Care System of the Ozarks (“Fayetteville VA”) from 2005 to 2018, diagnosed veterans with an error rate of 10%. The “pathology practice average is 0.7%.” Of the more than 3,000 cases Dr. Levy misdiagnosed, 589 were classified as “Level 3 (major) errors” which should always “trigger an [internal] investigation.” Unfortunately, no investigations ensued until Dr. Levy’s ultimate arrest, although the Fayetteville VA addressed Dr. Levy’s behavior repeatedly throughout his employment.


Demographics, Activities, And Environmental Factors Impact Burnout In A National Survey Of Emergency Medicine Residents, Nicole Battaglioli, Tim P. Moran, Simiao Li-Sauerwine 2021 Emory University

Demographics, Activities, And Environmental Factors Impact Burnout In A National Survey Of Emergency Medicine Residents, Nicole Battaglioli, Tim P. Moran, Simiao Li-Sauerwine

Journal of Wellness

Introduction: Burnout in emergency medicine and in residency training has been well-described. The impact of demographic, individual, and programmatic factors on burnout have not previously been determined in a national survey of emergency medicine residents. This study aimed to identify personal and environmental factors impacting resident burnout in a national sample of emergency medicine residents.

Methods: A prospective Emergency Medicine Resident Wellness Survey was administered in 2017. We surveyed respondents on demographic, personal, and environmental factors; each respondent also completed the Maslach Burnout Inventory - Human Services Survey. Linear regressions were used to identify variables associated with the Maslach Burnout Inventory ...


The Future Of The Americans With Disabilities Act: Website Accessibility Litigation After Covid-19, Randy Pavlicko 2021 Cleveland-Marshall College of Law

The Future Of The Americans With Disabilities Act: Website Accessibility Litigation After Covid-19, Randy Pavlicko

Cleveland State Law Review

The Americans with Disabilities Act (ADA) was enacted in 1990 to eliminate discrimination against individuals with disabilities. Over time, as society has become more reliant on the internet, the issue of whether the ADA’s scope extends beyond physical places to online technology has emerged. A circuit split developed on this issue, and courts have discussed three interpretations of the ADA’s scope: (1) the ADA applies to physical places only; (2) the ADA applies to a website or mobile app that has a sufficient nexus to a physical place; or (3) the ADA broadly applies beyond physical places to ...


Who Bears The Cost Of An Emergency: Balancing Billing's Effects On Health Care Providers, And Solutions Through Alternative Dispute Resolution, Hayden Tavoda 2021 Pepperdine University

Who Bears The Cost Of An Emergency: Balancing Billing's Effects On Health Care Providers, And Solutions Through Alternative Dispute Resolution, Hayden Tavoda

Pepperdine Dispute Resolution Law Journal

Arbitration, as well as other forms of alternative dispute resolution, provide many benefits for all parties when a dispute arises, such as faster results and less expense and time than litigation, and the potential for more qualified finders of fact on a specific topic rather than a jury of peers. In the following case note, Part II will focus on the background of different types of health insurance carriers in the United States, the Knox-Keene Act, and the California Assembly Bill 1611.20 Part III will discuss more specifically the issues that stem from balance billing through explicit cases. Part ...


9 Steps To End Covid-19 And Prevent The Next Pandemic: Essential Outcomes From The World Health Assembly, Lawrence O. Gostin 2021 Georgetown University - Law Center - O'Neill Institute for National and Global Health Law

9 Steps To End Covid-19 And Prevent The Next Pandemic: Essential Outcomes From The World Health Assembly, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

A year ago, the World Health Assembly (WHA) met virtually for the first time since the creation of the World Health Organization (WHO) in 1948. Last year’s WHA adopted a resolution asking states to intensify action to fight COVID-19. Yet a year on, there have been 3.7 million deaths reported, with the real number estimated as more than 7 million. From May 24-31, 2021, the 74th WHA (WHA74) was again held virtually amidst this historic pandemic. The WHA created a member states working group on strengthening WHO preparedness for and response to health emergencies to make recommendations to ...


Mandatory Sars-Cov-2 Vaccinations In K-12 Schools, Colleges/Universities, And Businesses, Lawrence O. Gostin, Jana Shaw, Daniel A. Salmon 2021 Georgetown University - Law Center - O'Neill Institute for National and Global Health Law

Mandatory Sars-Cov-2 Vaccinations In K-12 Schools, Colleges/Universities, And Businesses, Lawrence O. Gostin, Jana Shaw, Daniel A. Salmon

Georgetown Law Faculty Publications and Other Works

The Centers for Disease Control and Prevention (CDC) recently issued guidance that fully vaccinated individuals can safely remove masks and end social distancing in most indoor settings. Educational facilities and businesses are faced with whether and how to differentiate between vaccinated and unvaccinated individuals, including requiring proof of vaccination. Mandatory vaccination has historically served as a tool to reach and sustain high immunization coverage and to prevent transmission in K-12 schools, colleges/universities, and health care facilities. Vaccine mandates could extend to workers and customers in businesses to ensure safer environments. This Viewpoint examines the epidemiologic, public health, and legal ...


Trump Expelled Refugees Against Cdc Advice. As Covid Subsides, Why Won't Biden Admit Them?, Lindsay M. Harris, Sarah Sherman-Stokes 2021 University of the District of Columbia David A Clarke School of Law

Trump Expelled Refugees Against Cdc Advice. As Covid Subsides, Why Won't Biden Admit Them?, Lindsay M. Harris, Sarah Sherman-Stokes

UDC Law Faculty in the News

No abstract provided.


Covid-19: A Crisis And An Opportunity To Improve The Emergency Use Authorization Process, Daniel Walsh, Ph.D 2021 University of Minnesota Law School

Covid-19: A Crisis And An Opportunity To Improve The Emergency Use Authorization Process, Daniel Walsh, Ph.D

Minnesota Journal of Law, Science & Technology

No abstract provided.


Health Care Fraud Means Never Having To Say You're Sorry, Jacob T. Elberg 2021 University of Washington School of Law

Health Care Fraud Means Never Having To Say You're Sorry, Jacob T. Elberg

Washington Law Review

For decades, the Department of Justice (DOJ) has issued a steady flood of press releases announcing False Claims Act (FCA) settlements against health care entities and extolling the purportedly sharp message sent to the industry through these settlements about the consequences of engaging in wrongdoing. The FCA is the primary mechanism for government enforcement against health care entities engaged in wrongdoing, and it is expected to be DOJ’s key tool for addressing fraud arising out of government programs in response to the COVID-19 pandemic. DOJ has pointed to three key goals of its enforcement efforts (deterrence, incentivizing cooperation, and ...


Reimagining Exceptional Events: Regulating Wildfires Through The Clean Air Act, Emily Williams 2021 University of Washington School of Law

Reimagining Exceptional Events: Regulating Wildfires Through The Clean Air Act, Emily Williams

Washington Law Review

Wildfires are increasing in both frequency and severity due to climate change. Smoke from these fires causes serious health problems. Land managers agree that prescribed burns help mitigate these negative consequences. Prescribed burns are lower-intensity fires that are intentionally ignited and managed for an ecological benefit. They reduce the amount of smoke produced and limit wildfire damage to natural systems and human property.

The Clean Air Act (CAA) is designed to regulate air pollution to protect public health, yet it exempts wildfire smoke through the exceptional events designation while imposing strict regulations on prescribed burns. Congress and the Environmental Protection ...


Social Distancing With Your Doctor: The Promise Of Telemedicine In Medicare And Medicaid, And How To Pay For It, Jacob Hauschild 2021 University of Minnesota Law School

Social Distancing With Your Doctor: The Promise Of Telemedicine In Medicare And Medicaid, And How To Pay For It, Jacob Hauschild

Minnesota Journal of Law, Science & Technology

No abstract provided.


Conflicts Of Interest In Self-Regulating Health Professions Regulators, Andrea MacGregor 2021 Schulich School of Law, Dalhousie University

Conflicts Of Interest In Self-Regulating Health Professions Regulators, Andrea Macgregor

Dalhousie Law Journal

This article analyzes a set of related complaints and informal reports made to the Nova Scotia College of Chiropractors with respect to an alleged breach of the College’s advertising policy. This analysis assessed situational elements of conflicts of interest in the complaint process, particularly dual roles and competing professional interests, against the Childress et al framework of ethical public health decision-making and the conflict-of-interest standards in the Nova Scotia Chiropractic Act and Regulations.

The analysis concludes that the legislative scheme fails to adequately regulate conflicts of interest and bias in the College’s disciplinary decision-making processes through weak or ...


The U.S. Department Of Agriculture As A Public Health Agency? A "Health In All Policies" Case Study, Lindsay F. Wiley 2021 American University, Washington, D.C.

The U.S. Department Of Agriculture As A Public Health Agency? A "Health In All Policies" Case Study, Lindsay F. Wiley

Journal of Food Law & Policy

The "war on obesity" is now well into its second decade. What began as an effort to encourage medical doctors to screen and treat patients whose weight put them at risk for health problems has transformed into a much broader public health campaign to address the root causes of obesity. A growing number of state, territorial and local health departments are currently exploring new ways to promote healthy eating and physical activity. At the federal level, the U.S. Centers for Disease Control and Prevention (CDC) has made "nutrition, physical activity and obesity" a top priority.


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