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?
When we note on our health law representation website at the well-established New York law firm of Daniels, Porco & Lusardi, LLP, that our deep legal team is "prepared to resolve any type of health care dispute that may arise for a care-delivery professional or business," that is actually saying a lot.