American Journal of Law & Medicine and Harvard Law & Health Care Society

Laws of intestate succession determine the rights of heirs, creditors, and others to the estate of a deceased person who has died without making a valid will See, e.g., Dukeminier J. Johanson S.M. , Wills, Trusts, and Estates, 6th ed. (Gaithersburg, Virginia: Aspen Law & Business, 2000).

Woodward v. Commissioner of Social Security, 435 Mass. 536 (2002).

Id. at 538–39. Mrs. Woodward applied for both “child's” benefits under 42 U.S.C. § 402(d)(1) (1994 & Supp. V 1999) and “mother's” benefits under 42 U.S.C. § 402(g)(1) (1994).

Id. When Mr. Woodward died, he was fully insured under the U.S. Social Security Act. Section 402(d)(1) of the Act confers “child's” benefits to “dependent children of deceased parents who die fully insured under the Act.” In addition, § 402(g)(1) of the Act confers “mother's” benefits to “the widow of an individual who died fully insured under the Act if, inter alia, she has care of a child or children to child's benefits.”

Id. at 539 n.3.

Id. at 539.

See id. at 539–40.

See id. at 540–41.

Id.

See id. at 537–38.

See id. at 557.

See id. at 551–52, 557.

See id. at 557.

Id. at 541.

See also Bailey J.E. , “An Analytical Framework for Resolving the Issues Raised by the Interaction Between Reproductive Technology and the Law of Inheritance,” DePaul Law Review, 47 (1998): 743–818.

See Woodward, 435 Mass. at 542.

See id. at 546–53.

See id. at 545–46.

Id. at 546.

See id. at 546 n.15. The court noted that posthumously conceived children are always nonmarital children because death ends a marriage.

See id. at 548.

See id. at 546.

See id. at 546–47.

Id. at 548.

See id. at 548–51.

See id. at 551.

See id. at 553.

Id. at 552.

Id.

Id. at 552–53.

Id. at 554.

According to the Christian Science Monitor, “more children are born each year in the U.S. with the help of reproductive technologies than are put up for adoption.” Stern S. , “How Many Parents Can a Baby Have?,” Christian Science Monitor, January 7, 2002, at 1.

For additional commentary on calls for legislative action on reproductive technologies issues, see Garrison M. , “Law Making for Baby Making: An Interpretive Approach to the Determination of Legal Parentage,” Harvard Law Review, 113 (2000): 835–923.

Woodward, 435 Mass. at 557.

See Office of Human Research Protections, Letter to Johns Hopkins University, “Re: Human Subjects Protections under Multiple Project Assurance (MPA) M-1011,” dated July 19, 2001, available at <http://ohrp.osophs.dhhs.gov/detrm_letrs/jul01a.pdf>.

See Johns Hopkins University, Letter to Office of Human Research Protections, “Re: Human Subjects Protections under Multiple Project Assurance (MPA) M-1011,” dated July 21, 2001, available at <http://www.hopkinsmedicine.org/press/2001/JULY/ActionPlanLetter.htm>; Press Release, “Actions Taken to Strengthen Research Oversight at Johns Hopkins,” at <http://www.hopkinsmedicine.org/press/2001/AUGUST/actionplan.htm> (last visited January 30, 2002).

Office of Human Research Protections, Letter to Johns Hopkins University, “Re: Human Subjects Protections under Multiple Project Assurance (MPA) M-1011,” dated July 22, 2001, available at <http://www.hopkinsmedicine.org/press/2001/JULY/OHRPReinstate.htm>.

See Hopkins Internal Investigative Committee, Report of Internal Investigation into the Death of a Volunteer Research Subject (July 16, 2001), available at <http://www.hopkinsmedicine.org/press/2001/JULY/report_of_internal_investigation.htm> (last visited February 14, 2002).

See Hellman S. , Report of Johns Hopkins University External Review Committee (August 8, 2001), available at <http://www.hopkinsmedicine.org/external.pdf>.

See Briefel Gary , IRB Protocol Approval Notice (September 18, 2000), available at <http://www.hopkinsmedicine.org/protocol.pdf>.

See id.

See supra note 3.

See supra note 3.

In October 2001, Johns Hopkins University arrived at an out-of-court settlement with the Roche family. See Press Release, “Settlement with Roche Family” (October 11, 2001), available at <http://www.hopkinsmedicine.org/press/2001/OCTOBER/011011.htm>.

Burger v. Lutheran General Hospital, 759 N.E.2d 533 (Ill. 2001).

210 Ill. Comp. Stat. 85/6.17 (2000).

Id. at § 6.17(d).

Id. at § 6.17(e).

Id. at § 6.17(h).

See Burger, 759 N.E.2d at 538–39.

Kunkel v. Walton, 689 N.E.2d 1047 (Ill. 1997).

Best v. Taylor Machine Works, 689 N.E.2d 1057 (Ill. 1997).

See Burger, 759 N.E.2d at 542 (paraphrasing 735 Ill. Comp. Stat. 5/2-1003(a) (West 1996)).

Id. at 544.

Id. at 545.

Id. 545–46 (citing 210 Ill. Comp. Stat. 85/2(a) (West 2000)).

Id.

Id. at 547.

Id. at 547–48.

Id. at 548.

See id.

See id. at 550–51.

Id. at 551.

Id.

Betrillo v. Syntex Laboratories, Inc., 499 N.E.2d 952 (Ill. App. Ct. 1986).

Burger, 759 N.E.2d at 551.

Id. at 552.

Id. at 551.

Id. at 552

(citing Petrovich v. Share Health Plan, Inc., 719 N.E.2d 756 (Ill. 1999).

Gilbert v. Sycamore Mun. Hosp., 622 N.E.2d 788 (Ill. 1993)).

Id. at 553.

Id. at 554.

Id.

Id. at 555.

Id. at 556.

See Ill. Const. of 1970, art. IV, § 13.

Burger, 759 N.E.2d at 556.

Id. at 556–57.

See id. at 557.

Id.

See Kohn L.T. Corrigan J.M. Donaldson M.S. , eds., Committee on Quality of Health Care in America, Institute of Medicine, To Err is Human: Building a Safer Health System (Washington, D.C.: National Academy Press, 2000).

Davis v. Rennie, 264 F.3d 86 (1st Cir. 2001).

Id. at 91.

Id. at 92–93.

Id. at 93.

Id. at 93–94.

Id. at 95.

Id.

Id. at 95–96.

Id. at 97.

Id.

Id.

Sacramento v. Lewis, 523 U.S. 833 (1998).

Id. at 853.

Id. at 836.

See Davis, 264 F.3d at 99.

Id. at 98.

Id. at 99.

See id. at 99–100.

Id. at 102

(citing Coastal Fuels v. Caribbean Petroleum Corp., 79 F.3d 182, 196 (1st Cir. 1996)).

Id. at 102–03.

See id.

See id. at 103–04.

Id. at 104–05.

Id. at 105.

Id.

(citing Sunkist Growers v. Winckler & Smith Citrus Prods. Co., 370 U.S. 19 (1962)).

Id.

See id. at 110.

Mass. Gen. Laws ch. 12, § 111 (1996).

Davis, 264 F.3d at 112.

Swanset Dev. Corp. v. City of Taunton, 668 N.E.2d 333, 337 (Mass. 1996).

Davis, 264 F.3d at 112.

Id. at 112–14.

See id. at 115–16.

Woodrum v. Johnson, No. 28857, 2001 W. Va. LEXIS 196 (W. Va. Dec. 12, 2001).

Id. at *33–34.

See id. at *3

The plaintiffs also named Dr. Johnson's practice group, Morgantown Surgical Associates, Inc. Id. at *3 n.1.

See id. at *3. Monongalia General Hospital is owned and operated by the Monongalia County General Hospital Company, which is, in turn, a wholly owned subsidiary of Monongalia Health System Inc. All three entities were named as defendants

Id. at *3 n.2.

Id. at *3–4

InTorrence v. Kusminsky, 408 S.E.2d 684 (W. Va. 1991), the court held that a hospital is estopped from denying the agency status of physicians practicing in its emergency room.

id. at *4.

See id. at *5

The settlement also released Johnson's practice group. Id.

Id.

Id. at *6.

Id.

See id. at *7.

Id. at *8.

This case was Dunn v. Kanawha County Bd. of Educ., 459 S.E.2d 151 (W. Va. 1995),

in which the Supreme Court of Appeals of West Virginia ruled that, “in the context of a product liability suit … it is arguable that basic fairness and sound public policy dictate that a settlement by a plaintiff with the manufacturing defendant solely responsible for the defective product covers all damages caused by that product and extinguishes any right of the plaintiff to pursue others in the chain of distribution who did not make the product, contribute in any way to the defect, or commit any independent acts of negligence or fault.” Id.

State ex. rel. Bumgarner v. Sims, 79 S.E.2d 277 (WVa. 1953).

See id. at 282.

See id. at 282–83.

See id. at 294–95.

See Woodrum, 2001 W. Va. LEXIS 196, at *14.

Id. at *18–19.

See id. at*21.

See id. at *22.

See id. at *24.

Such decisions include Knutson v. Morton Foods, Inc., 603 S.W.2d 805 (Tex. 1980), Which rejected a similar argument of circuity and held that “[t]he fact that an employee has been released in a settlement has no bearing on the continued liability of the employer unless the settlement is in full satisfaction of the plaintiff's claims against both the employee and the employer.” Id. at 807.

See Woodrum, 2001 W. Va. LEXIS 196, at *33–34.

See id. at *34. Specifically, the statute states: “A release to … one or more joint … tort-feasors … shall not inure to the benefit of another such … tort-feasor.” W. Va. Code § 55–7–12 (1923) (Repl. Vol.2000).

Woodrum, 2001 W.Va. LEXIS 196, at *36.

See id. at *39.

Id. at *42.

See id.

See id. at *33.

See I.R.C. § 501(c)(3) (2000).

See IHC Health Plans, Inc. v. Comm'r, 82 T.C.M. (CCH) 593, 2001 RIA T.C.M. 1830 [hereinafter IHC Health Plans].

IHC Group, Inc. v. Codmm'r, 82 T.C.M. (CCH) 606, 2001 RIA T.C.M. 1847 [hereinafter IHC Group].

IHC Care, Inc. v. Comm'r, 82 T.C.M. (CCH)617, 2001 RIA T.C.M. 1859 [hereinafter IHC Care].

IHC Health Plans, 2001 RIA T.C.M. at 1847.

IHC Group, 2001 RIA T.C.M. at 1859.

IHC Care, 2001 RIA T.C.M. at 1871.

See IHC Health Plans, 2001 RIA T.C.M. at 1840.

IHC Group, 2001 RIA T.C.M. at 1853.

IHC Care, 2001 RIA T.C.M. at 1865.

See id.

See id.

Id.

See IHC Health Plans, 2001 RIA T.C.M. at 1841.

IHC Group, 2001 RIA T.C.M. at 1853.

IHC Care, 2001 RIA T.C.M. at 1866.

See IHC Health Plans, 2001 RIA T.C.M. at 1841.

IHC Group, 2001 RIA T.C.M. at 1854.

IHC Care, 2001 RIA T.C.M. at 1866.

See id.

See IHC Health Plans, 2001 RIA T.C.M. at 1844–45.

IHC Group, 2001 RIA T.C.M. at 1857.

IHC Care, 2001 RIA T.C.M. at 1866–67.

See id.

See IHC Health Plans, 2001 RIA T.C.M. at 1845.

See IHC Group, 2001 RIA T.C.M. at 1857.

IHC Care, 2001 RIA T.C.M. at 1869.

See IHC Group, 2001 RIA T.C.M. at 1857.

IHC Care, 2001 RIA T.C.M. at 1870.

See IHC Health Plans, 2001 RIA T.C.M. at 1843.

IHC Group, 2001 RIA T.C.M. at 1856.

IHC Care, 2001 RIA T.C.M. at 1868.

See IHC Health Plans, 2001 RIA T.C.M. at 1845.

IHC Group, 2001 RIA T.C.M. at 1857.

IHC Care, 2001 RIA T.C.M. at 1870.

See IHC Health Plans, 2001 RIA T.C.M. at 1846.

IHC Group, 2001 RIA T.C.M. at 1858.

IHC Care, 2001 RIA T.C.M. at 1870.

See IHC Health Plans, 2001 RIA T.C.M. at 1846.

IHC Group, 2001 RIA T.C.M. at 1859.

IHC Care, 2001 RIA T.C.M. at 1871.

See id.

See IHC Group, 2001 RIA T.C.M. at 1859.

IHC Care, 2001 RIA T.C.M. at 1871.

See IHC Health Plans, 2001 RIA T.C.M. at 1847.

IHC Group, 2001 RIA T.C.M. at 1859.

IHC Care, 2001 RIA T.C.M. at 1871.

See I.R.C. § 501(c)(4) (2000).

See Taylor M. , “Exemption Interrupted: Provider-Owned Health Plans May Need to Seek Alternative Tax Status,” Modem Healthcare, 31 (2001): 28–30.

Wood K.M. , “Legislatively-Mandated Charity Care for Nonprofit Hospitals: Does Government Intervention Make Any Difference?,” Review of Litigation, 20 (2001): 709–42.

American Bioscience, Inc. v. Thompson, 269 F.3d 1077 (D.C. Cir. 2001) (hereinafter American Bioscience II).

American Bioscience initially brought an action in the U.S. District Court for the District of Columbia Circuit earlier in 2001. See American Bioscience v. Thompson, 243 F.3d 579 (D.C. Cir. 2001) (hereinafter American Bioscience I). In addition to Baker Norton, Zenith Goldline Pharmaceuticals, Inc., a corporate affiliate holding an ANDA for generic Taxol, intervened as a defendant in the district court proceedings.

See American Bioscience II, 269 F.3d at 1078.

See American Bioscience II, 269 F.3d at 1086.

See American Bioscience I, 243 F.3d at 580.

American Bioscience II, 269 F.3d at 1080.

Id. at 1079. The statutory authority for this patent listing requirement can be found at 21 U.S.C. § 355(c)(2) (2001).

Id. at 1080.

Id.

Id.

See id. at 1079

paraphrasing The Drug Price Competition and Patent Term Restoration Act of 1984 (Hatch-Waxman Amendments), Pub. L. No. 98-417, 98 Stat. 1585 (1984). Paragraph IV certification can constitute patent infringement. Id.

Id. at 1081.

Id.

Id.

Id.

Id.

Id.

Id. According to the FDAs “late-listing” regulation, an ANDA applicant is excused “from amending its patent certification to reflect the new patent so long as the ANDA had an ‘appropriate’ patent certification on file.”

Id. at 1079 (paraphrasing 21 U.S.C. § 355(c)(2)). The regulation applies when the New Drug Application holder fails to notify the FDA of the issuance of a qualifying patent within thirty days of the patent's issuance

Id. at 1079–80.

Id. at 1081.

Id. at 1082.

Id. at 1083.

Id. Furthermore, American Bioscience argued that Baker Norton could not benefit from the late-listing regulation since it did not give notice and thus never filed an appropriate patent certification. The court did not reach the company's second argument because it found its first argument “clearly correct.”

Id.

Id. at 1085.

Id.

Id. at 1083–84.

Id. at 1084.

Id.

Id. at 1086.

United States v. Boston Scientific Corp., 167 F. Supp. 2d 424 (D. Mass. 2001).

Id. at 428.

Id. at 434–35.

Id. at 439.

Id. at 436.

Id. at 426–27.

Id. at 427.

Id. at 428–29.

Id. at 429.

Id.

Id. at 428.

Id. at 432.

Id. at 427.

Id.

Id.

Id.

Id. at 435.

Id.

See id. at 436.

Id. at 439.

Id. at 436.

Id. at 437.

See id. at 437–38.

Id. at 427.

“Court Rules Boston Scientific Corp. Liable for Civil Penalties for Violations of Federal Trade Commission Antitrust Order, Reports U.S. Attorney,” PR Newswire, October 5, 2001.