A recent Consumer Affairs article makes the central assertion that the medical device industry has been comparatively untouched by regulatory oversight and exactions over the years. The piece states that the realm “has mostly avoided the type of scrutiny that drug companies and health insurers sometimes face.”
Multinational medical and consumer product company Johnson & Johnson executives might reasonably feel as though they are in a never-ending nightmare that revolves around the seemingly innocuous substance talc.
Large medical companies ranging from pharmaceutical entities to device manufacturers know that incoming litigation is a distinct and sudden possibility at any time. Indeed, America’s leading health care businesses suffer lawsuit-linked threats in a manner perhaps unparalleled in any other industry.
Vast. Comprising multiple and diverse participants. Under a layer of state and federal regulatory oversight. Complex.
The health care sphere is no different from other business realms in New York and nationally in that its participants – hospital administrators, doctors, insurers and myriad other actors – sometimes become embroiled in legal disputes that cannot be settled informally and amicably.
Although there seems to be no material disagreement regarding whether states across the country are battling a mass opioid-addiction problem, there are myriad questions concerning the source of the so-called "crisis" and related matters.
Health industry actors in New York and nationally face a number of stressing concerns as they go about their important work each day.
If there is one organization viewed most widely as a friend to baby boomers and America's senior population generally, it is perhaps AARP.
A firm of Johnson & Johnson's stature -- and, frankly, that makes for a decidedly short list of players in the pantheon of global companies -- knows all about stark business risks and attendant downsides.
The question is simple and eminently straightforward, to wit: Should nursing home administrators in New York and across the country be able to require prospective patients to agree to mandatory arbitration to resolve disputes as a prerequisite to home admittance, thereby surrendering their right to litigate a contested matter in court before a judge and jury?