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PubMedDate not supplied

Evaluation of product failure rates for litigation.

Two classes of products can be purchased: 1) a product that has been tested and 2) one that has not been tested, but randomly selected samples of the production lot have been subjected to a performance test more demanding than that of the advertised performance level. Based on the results of such random testing, the decision is made to release units in the lot, including the untested units, for sale. An important aspect of this test procedure is careful examination of the range of performance levels of the tested samples, represented by the distribution curve of the numbers of units having specific performance levels versus the performance level. Even with stringent test requirements for the randomly tested samples, there will be a small number of product failures. Hence, an important question is how to draw engineering, scientific, and legal conclusions about the failure of a product that was not itself tested but was part of a batch of products from which a random sample was tested. A methodologic approach for dealing with this situation is presented.

Equipment Design↗
PubMed1999

Specialty practices consolidate: new litigation emerges. Boman v. Southeast Medical Services Group.

This case is instructive in that it highlights a trend to use the Federal health care statutes in furtherance of a broad array of lawsuits. While the statutes were intended principally to protect the Medicare and Medicaid programs, the statutes are increasingly used to remedy a plethora of conduct. Here, the case is also helpful in that it does not dismiss or downplay the use of the Anti-Kickback Statute for such purpose. Rather, the court simply stated that the practice did not violate the Anti-Kickback Statute.

Fees and Charges↗
PubMed1999

Insurance policies may cover costs of False Claims Act litigation.

Expenses associated with the defense of a False Claims Act investigation or lawsuit may be covered by insurance. Such coverage may be available through a general liability policy, or in the case of not-for-profit organizations, through a provision added to the organization's directors and officers policy. In either instance, the extent of coverage is determined by the language used in the policy and state law governing interpretation of the insurance policy.

Costs and Cost Analysis↗