JOURNAL OF HEALTH & BIOMEDICAL LAW BLOG

JHBL frequently posts blogs submitted by journal staff members and editors concerning a variety of topics relevant to the health law community. To read a blog, click on the blog titles below. For more information, or to submit a blog post for consideration, please contact Online Editors Jeffrey Weinstein (jweinstein@su.suffolk.edu) and Emily Mariano (emariano@su.suffolk.edu).

Should it be a luxury to afford life-saving medication?

Oct 30, 2023 |

By Noel De León Sifonte, JHBL Staff Member  About 32 million Americans have a food allergy, which is a common trigger for anaphylaxis, a severe allergic reaction that is potentially fatal.[1]  Epinephrine is the first line of defense against anaphylaxis, and...

The Chopshop: How The Northern District Of Texas Has Become The Venue To Gut The Affordable Care Act

The Chopshop: How The Northern District Of Texas Has Become The Venue To Gut The Affordable Care Act

Apr 9, 2023 |

Since the Affordable Care Act (“ACA”) was passed on March 23, 2010, it has been subject to copious challenges in federal courts, which have challenged everything from the constitutionality of the program to the specifics of how medications are distributed.[1]  But litigants have discovered a key advantage that will weigh the scales of justice in their favor: The Northern District of Texas. Continue Reading The Chopshop: How The Northern District Of Texas Has Become The Venue To Gut The Affordable Care Act

To Address the Homelessness Crisis, Policymakers Must End Criminalization of Homelessness

To Address the Homelessness Crisis, Policymakers Must End Criminalization of Homelessness

Mar 26, 2023 |

As unsheltered homelessness in the United States continues to rise, state and local policymakers have responded by criminalizing the very practices these communities use to survive. These policies intend to push unhoused communities out of sight and, out of mind. They subject the homeless to physical violence, injury, disease, and trauma. To even begin to address the homelessness crisis and its devastating health and economic consequences, policymakers must abolish these policies. In their absence, the court system must act to restrict their use, to protect the civil and human rights of homeless communities. Continue Reading To Address the Homelessness Crisis, Policymakers Must End Criminalization of Homelessness

Freedom, At The Price of Your Own Organs – The Legal and Ethical Concerns Underlying Massachusetts’s Proposed Bill To Let Prisoners Donate Organs and Bone Marrow In Exchange For Reduced Sentences

Freedom, At The Price of Your Own Organs – The Legal and Ethical Concerns Underlying Massachusetts’s Proposed Bill To Let Prisoners Donate Organs and Bone Marrow In Exchange For Reduced Sentences

Feb 27, 2023 |

There is a significant shortage in bone marrow and organ donations in Massachusetts and across the United States. A bill proposed by the Massachusetts legislature which would allow prisoners to donate bone marrow and organs in exchange for sentence reductions could potentially rectify part of this issue. However, the legal and ethical implications of instating a program like this are numerous. Continue Reading Freedom, At The Price of Your Own Organs – The Legal and Ethical Concerns Underlying Massachusetts’s Proposed Bill To Let Prisoners Donate Organs and Bone Marrow In Exchange For Reduced Sentences

Obstetric Violence: The Unspoken Violence Against Women

Obstetric Violence: The Unspoken Violence Against Women

Feb 20, 2023 |

Obstetric violence describes the gendered violence against women while they are pregnant, during childbirth, and postpartum. Under the American legal system, women who experience this kind of violence cannot criminally prosecute their care providers. The term, “obstetric violence” should be incorporated into American laws so that there are repercussions for physicians who commit violence against mothers. Continue Reading Obstetric Violence: The Unspoken Violence Against Women

Protesting the Pill: In a Post-Roe World, Anti-Abortion Activists Take Aim at the Abortion Pill

Protesting the Pill: In a Post-Roe World, Anti-Abortion Activists Take Aim at the Abortion Pill

Feb 12, 2023 |

1. As states continue to take extreme action to limit access to abortion in a post-Roe world, the FDA moved forward by allowing pharmacies to dispense abortion pills. There have been numerous attempts by anti-abortion activists to keep access to the abortion pill as limited as possible. Most recently, conservative Attorney Generals have threatened legal action against CVS and Walgreens to keep abortion access as limited and guarded as possible. It is essential to remain aware of these challenges and engaged in the fight for women’s constitutional reproductive rights. Continue Reading Protesting the Pill: In a Post-Roe World, Anti-Abortion Activists Take Aim at the Abortion Pill

The Impacts of COVID-Era Policy Termination

The Impacts of COVID-Era Policy Termination

Feb 5, 2023 |

By Daniel Cornellier, JHBL Staff Member With the Biden administration set to end the national emergency status of the COVID-19 pandemic, numerous policies in place are set to expire, leaving many Americans wondering, “what now?”[1] Given that COVID has given...

In High Demand: The Rising Popularity of Psychedelic-Assisted Therapies

In High Demand: The Rising Popularity of Psychedelic-Assisted Therapies

Jan 30, 2023 |

The FDA, federal government, and states individually have all experimented with regulation of psychedelics for therapeutic purposes. With increasing scientific evidence that shows effectiveness in treating certain mental illnesses, psychedelic-assisted therapies are becoming a legitimate alternative to traditional care options. Continue Reading In High Demand: The Rising Popularity of Psychedelic-Assisted Therapies

Menopause in the Workplace: The Argument for Better Benefits and Protections for Workforce Retention

Menopause in the Workplace: The Argument for Better Benefits and Protections for Workforce Retention

Nov 14, 2022 |

Many Americans are working later in life than in previous generations, but many employers do not offer menopause benefits and the pathways for menopause discrimination cases is unclear. It is time for the United States to provide better protections and benefits for its aging workforce. Continue Reading Menopause in the Workplace: The Argument for Better Benefits and Protections for Workforce Retention

Spilling the Beans: Food Additive Regulations in the United States Pose Serious Health Risks

Spilling the Beans: Food Additive Regulations in the United States Pose Serious Health Risks

Oct 31, 2022 |

At first glance, food ingredient lists can read similar to an excerpt from a chemistry textbook. Information about food additives and artificial ingredients is not necessarily hard to find online, but many American consumers are clueless about just what exactly is in the food they are eating. Continue Reading Spilling the Beans: Food Additive Regulations in the United States Pose Serious Health Risks

Bringing out the Big Guns: The Fight for Transgender Healthcare Rights and the Political Ammunition Working in Opposition

Bringing out the Big Guns: The Fight for Transgender Healthcare Rights and the Political Ammunition Working in Opposition

Oct 2, 2022 |

In the wake of Florida’s ‘Don’t Say Gay’ bill, the newest anti-transgender healthcare bill stripping thousands of transgender Medicaid recipients of necessary care is bringing light to legislative attacks on the LGBTQ+ community. The future of healthcare accessibility for marginalized communities is consistently unpredictable, raising the question: what other political weaponry is lying in wait, and is there hope for reparation of the damage done? Continue Reading Bringing out the Big Guns: The Fight for Transgender Healthcare Rights and the Political Ammunition Working in Opposition

Lax FDA regulations Leave Consumers Responsible to Protect Themselves Against Weight Loss Supplements; States Step in to Protect Minors

Lax FDA regulations Leave Consumers Responsible to Protect Themselves Against Weight Loss Supplements; States Step in to Protect Minors

Sep 25, 2022 |

The FDA and FTC attempt to regulate over the counter supplements for the overall safety of the public. However, they have limited control over what is ultimately put on the market. Over the counter supplement regulation is mainly left to the discretion of the individual companies to enforce safety of ingredients in products. Various states are attempting to assist in regulating supplements by pushing bills that prohibit the sale of such products to minors. Continue Reading Lax FDA regulations Leave Consumers Responsible to Protect Themselves Against Weight Loss Supplements; States Step in to Protect Minors

Dignity in Death: The Status of Funeral Cost Assistance in Massachusetts

Dignity in Death: The Status of Funeral Cost Assistance in Massachusetts

Sep 11, 2022 |

The Department of Transitional helps cover funeral and burial costs for Massachusetts residents, yet this assistance is only available if the total cost is less than $3,500. With increasing costs and the rise of inflation, burying a loved one under this cap is nearly impossible. Not only does this pose serious public health issues, but it reflects the way we view poverty in America. Continue Reading Dignity in Death: The Status of Funeral Cost Assistance in Massachusetts

Unprecedented Mention of Fossil Fuel in Glasgow Climate Agreement

Unprecedented Mention of Fossil Fuel in Glasgow Climate Agreement

Dec 1, 2021 |

An unprecedented climate agreement was reached during the recent UN convention on climate change that took place in Glasgow. For the first time in history, fossil fuels have been included in the climate agreement, demonstrating significant steps in combatting climate change. However, the agreement made and the significant step toward limiting fossil fuel use may not be enough. Continue Reading Unprecedented Mention of Fossil Fuel in Glasgow Climate Agreement

Waiving COVID-19 Vaccine Patents: Balancing The Rights of Pharmaceutical Companies And Public Health Concerns

Waiving COVID-19 Vaccine Patents: Balancing The Rights of Pharmaceutical Companies And Public Health Concerns

Nov 3, 2021 |

The patent waiving of COVID-19 vaccines elicited mixed responses among governmental agencies and pharmaceutical industries, but further laid out a solution where equal access and treatment was provided on a global scale. One must take into account public health concerns when assessing IP rights. Continue Reading Waiving COVID-19 Vaccine Patents: Balancing The Rights of Pharmaceutical Companies And Public Health Concerns

Impoverished and Deserted: The Disproportionate Impact of Food Insecurity on Minority Communities in Massachusetts Before and After the Coronavirus Pandemic

Impoverished and Deserted: The Disproportionate Impact of Food Insecurity on Minority Communities in Massachusetts Before and After the Coronavirus Pandemic

Oct 11, 2021 |

Food insecurity has always been a concerning issue that has disproportionately affected minority communities within the state of Massachusetts. Tragically, as a result of the COVID-19 pandemic, the percentage of Black and Latinx adults suffering from food insecurity within the state increased significantly. Although the city of Boston implemented a strategic approach to resolve food insecurity by 2030, it is unclear whether these policies will be successful in rectifying the devastating effects coronavirus has had on minority communities.

Continue Reading Impoverished and Deserted: The Disproportionate Impact of Food Insecurity on Minority Communities in Massachusetts Before and After the Coronavirus Pandemic

Gender-Affirming Healthcare Saves Children’s Lives

Gender-Affirming Healthcare Saves Children’s Lives

Sep 20, 2021 |

Health care is meant to enhance our quality of life. Imagine watching your state legislation filled with powerful people attempting to deny access to the few treatments that may help you attain a good quality of life. With depression, anxiety, and suicide rates on the rise because of COVID-19, combined with the previously disproportionate suicide rates amongst transgender youth, states such as Arkansas are threating the lives of thousands of children by prohibiting access to gender-affirming health care. The mere proposal of this type of legislation puts transgender youth at risk.

Continue Reading Gender-Affirming Healthcare Saves Children’s Lives

Mental Health Courts: The Answer to Reducing the Incarceration of Individuals Suffering from Mental Illness?

Mental Health Courts: The Answer to Reducing the Incarceration of Individuals Suffering from Mental Illness?

Sep 13, 2021 |

With more individuals suffering from mental illness housed in Chicago’s Cook County Jail than any single psychiatric facility in the United States, the question begs being asked: what can be done to keep an individual suffering from mental health concerns from being incarcerated in the first place? Frustrated with their lack of alternatives, District Attorneys, judges, and advocates across the country, have responded with an innovative answer – mental health courts. Continue Reading Mental Health Courts: The Answer to Reducing the Incarceration of Individuals Suffering from Mental Illness?

Stand Together for Victory Against the Coronavirus

Stand Together for Victory Against the Coronavirus

Apr 2, 2021 |

By Qin Zhou, JHBL Staff Member

This is our war. Not war between China and the United States, but together, against the coronavirus. Growing up, I was always fascinated with war and never stopped looking for a new diary, a new memoir, or a new movie on struggles between men. Now I understand how the world can change overnight and how quickly one must adapt to the world around him. War is the struggle between ideology and states, between values and morals, and between people. And this time, it is not human against human, but man against nature. In this war against the coronavirus, the United States and China must stand back-to-back and thrive together, just like the war we fought against Imperial Nazis seventy years ago. This blog discusses two questions, who should take responsibility and what method works. Continue Reading Stand Together for Victory Against the Coronavirus

States’ Varying Prioritization of Prisoners in Vaccine Rollout Draws Partisan Critiques

States’ Varying Prioritization of Prisoners in Vaccine Rollout Draws Partisan Critiques

Mar 22, 2021 |

By Alexandra Wheaton, JHBL Staff Member

Vaccine rollout decisions have propelled lawmakers into a partisan moral dilemma: should prisoners receive priority immunization status? With the answer to this question varying markedly across states, fatal consequences have ensued for incarcerated individuals prevented from receiving the vaccine. Presently, only 30% of states have begun to vaccinate their prisoners, despite the fact that the COVID-19 infection rate within state and federal prisons is more than four times that of the general population. Over a year has elapsed since the first COVID-19 cases were reported in the United States, yielding more than 386,564 positive tests in the case of prisoners. The fatality rate of COVID-19 in prisons ranges from 2-7 times that of the general population. These rates are likely even higher than reported due to the narrow criteria required for prisons reporting cases. Reflective of the infection patterns seen in the general population, the pandemic has disproportionately affected people of color within the prison system. Black Americans, who are incarcerated at five times the rate of white Americans, are more likely to be infected and hospitalized with COVID-19. Continue Reading States’ Varying Prioritization of Prisoners in Vaccine Rollout Draws Partisan Critiques

Life After Death: Reproductive legal and ethical issues stemming from policy absence

Life After Death: Reproductive legal and ethical issues stemming from policy absence

Mar 15, 2021 |

By Elpida Velmahos, JHBL Staff Member

What sounds like a distant, futuristic, sci-fi invention is now a modern-day reality—creating life after death. Posthumous reproduction is a type of assisted reproductive technology (ART). ART includes In-vitro fertilization (IVF) and cryopreservation of gametes (egg and sperm) & fertilized embryos. ​Both address the innate human drive we possess—to survive and reproduce. New reproductive technologies allow many people to participate in the process of reproduction who otherwise, either because of personal biological hindrances or overall life circumstances, may not have been able to. Every revolutionary technological innovation, however, is followed by many ethical, legal, and social implications. These implications all need to be examined socially and legally to create appropriate policies to prevent systemic abuse, protect the interest of the innocent and unable, and maintain the balance of all interests involved. Posthumous reproduction (PHR) allows the non-coital reproduction of a child to take place using the gametes of a deceased parent (most commonly that of the biological male parent) using ART. Continue Reading Life After Death: Reproductive legal and ethical issues stemming from policy absence

Praying for a Healthy Birth, Black Mothers Fighting Racism Even in the Delivery Room

Praying for a Healthy Birth, Black Mothers Fighting Racism Even in the Delivery Room

Mar 8, 2021 |

By Ilse Turner, JHBL Staff Member

At the best of times, having a baby is one of the most anxiety-inducing times in a woman’s life. The days leading up to the birth are often filled with thoughts such as, will my baby be healthy? Will the doctor be on time? What if I need to have an emergency c-section? But, for black women, there is an additional worrying question, will I receive adequate medical care? On average, black women are two to three times more likely to die from pregnancy-related causes than white women. These trends persist even across states with lower pregnancy mortality rates and across all educational levels.
Continue Reading Praying for a Healthy Birth, Black Mothers Fighting Racism Even in the Delivery Room

Chemical Irritants: A Threat to Public Health and Constitutional Rights

Chemical Irritants: A Threat to Public Health and Constitutional Rights

Mar 7, 2021 |

By Alfred A. Spencer, JHBL Staff Member

On January 28, 2021, the District Court for the Western District of Washington granted the plaintiff’s third motion for contempt against the city for their use of crowd control agents following a prior preliminary injunction hearing. Black Lives Matter Seattle-King City v. City of Seattle was one of the first cases brought against the state for the police use of tear gas against protestors for what occurred during the 2020 protests. Additionally, this case was one of the first to have a preliminary injunction granted. When the court had initially granted the plaintiffs motion for a preliminary injunction in June 2020, the court stated, “[The] SPD’s use of less-lethal, crowd control weapons have surely chilled speech. To start, exposure to tear gas and pepper spray is excruciating.”
Continue Reading Chemical Irritants: A Threat to Public Health and Constitutional Rights

An Unidentified and Long-Term Side-Effect of COVID-19: How the United States Can Navigate the Intensified Mental Health Crisis as a Result of the Coronavirus Pandemic

An Unidentified and Long-Term Side-Effect of COVID-19: How the United States Can Navigate the Intensified Mental Health Crisis as a Result of the Coronavirus Pandemic

Feb 24, 2021 |

By Rohit Sinha, JHBL Staff Member

The Coronavirus pandemic shook the United States to its core and is exposing so many flaws in America’s health care system and political institutions. However, aside from the nearly half-million deaths nationwide, record high unemployment, and drastic life adjustments, Americans are starting to feel the psychological toll the pandemic is placing on them. In January 2020, before the first reported COVID-19 case in the United States, one in ten adults reported symptoms of anxiety or depressive disorder. That number quickly increased to four in ten once the pandemic forced the United States to essentially shut down and caused a massive economic recession. Continue Reading An Unidentified and Long-Term Side-Effect of COVID-19: How the United States Can Navigate the Intensified Mental Health Crisis as a Result of the Coronavirus Pandemic

The Toll of Covid-19 on Mental Health

The Toll of Covid-19 on Mental Health

Feb 19, 2021 |

By Hope Simas, JHBL Staff Member

Prior to the onset of the pandemic, the U.S. was already experiencing a high rate of adults affected by mental illness. Throughout this unprecedented time, fear and uncertainty are likely to amplify mental health issues. Further, epidemics induce a sense of general stress across people, which may lead to new mental health issues. An epidemic is an outbreak of disease that spreads quickly and affects people within a community or region, while a pandemic spreads over multiple countries or continents. As Covid-19 came in full swing in 2020, the government and state officials worked to put various mandates in place to stop the spread. However, these varying stay-at-home orders coupled with fear of the virus quickly heightened people’s emotions. As the pandemic continues on with no end in sight, the weight of isolation, job insecurity, personal economic sustainability, and the fear of exposure to Covid-19 will continue to take its toll on individual mental health. Continue Reading The Toll of Covid-19 on Mental Health

Haven’t You Herd?: Can the COVID-19 Vaccine be Compulsory to Reach Herd Immunity

Haven’t You Herd?: Can the COVID-19 Vaccine be Compulsory to Reach Herd Immunity

Feb 8, 2021 |

By Brooke Sheldon, JHBL Staff Member

Throughout the pandemic, the dream of a COVID-19 vaccine seemed like the light at the end of the tunnel for many.  As that dream turned into a reality, states began distributing the vaccine to certain high-risk groups of people, including frontline healthcare workers (heroes), the elderly, and those with health complications.  As the vaccine gets closer to being administered to the general public, many wonder if they want the vaccine at all.  A recent Gallup Poll reveals that 42% of Americans said they would not participate in a program involving a free government-approved vaccine.  American’s hesitation likely stems from the general stigma surrounding the health effects of vaccines, as well as the COVID-19 vaccine’s unprecedented development speed.  As reluctance towards COVID-19 vaccinations grows, the potential for herd immunity inherently decreases.  Many see the solution as compulsory COVID vaccinations, raising the question of whether the government has the power to mandate a COVID vaccination.  To better understand what we can expect from the vaccine moving forward, it is important to understand why vaccines are so important and where the law stands regarding making them compulsory. Continue Reading Haven’t You Herd?: Can the COVID-19 Vaccine be Compulsory to Reach Herd Immunity

Impact of COVID-19 School Lockdowns on Low-Income and Minority Children

Impact of COVID-19 School Lockdowns on Low-Income and Minority Children

Feb 1, 2021 |

By Alyssa Schnoor, JHBL Staff Member

Long before the pandemic shut down, schools across the country were already experiencing an alarming achievement gap between poor students/students of color and wealthy/white students.  A major reason for this gap is funding, with non-white school districts receiving an average of $23 billion less than predominantly white school districts, despite serving about the same number of students.  It is important to note that not all low-income schools predominantly serve minority students, but minority students are overrepresented compared to white students in low-income, underperforming schools.  Although inequitable funding for schools is one contributing factor, the achievement gap between white students and Black students is already present by the time children are four years old.  Disparities in education outcomes are a result of larger social disparities.  The COVID-19 pandemic and the shift to remote learning have revealed the severity of this national crisis. Continue Reading Impact of COVID-19 School Lockdowns on Low-Income and Minority Children

Forced Inaction: The Court Attempts to Outpace Misinformation in Spreading the Pandemic

Forced Inaction: The Court Attempts to Outpace Misinformation in Spreading the Pandemic

Nov 30, 2020 |

By William Rison, JHBL Staff Member

Conspiracy theories dangerously erode the public trust in government institutions, and online platforms facilitate and amplify the proliferation of increasingly extreme theories. Algorithms on Facebook and YouTube are designed to funnel content that supports and builds upon existing beliefs.  Generated content uses an individual’s search terms and has gradually become more extreme by engaging the user for increasingly longer periods of time and exposing the user to more advertisements.  Online platforms, therefore, benefit from the wide dissemination of conspiracy theories because they generate more profit for the platform. “Conspiracy theories are difficult to displace because they provide explanations for events that are not fully understood, such as the current pandemic, play on people’s distrust of government and other powerful actors, and involve accusations that cannot be easily fact-checked,” said Kathleen Hall Jamieson, Annenberg Public Policy Center director. Continue Reading Forced Inaction: The Court Attempts to Outpace Misinformation in Spreading the Pandemic

Dueling Diseases: How the Coronavirus Pandemic Has Intensified the Opioid Epidemic

Dueling Diseases: How the Coronavirus Pandemic Has Intensified the Opioid Epidemic

Nov 23, 2020 |

By James Poccia, JHBL Staff Member

Before COVID-19 took the nation by storm in early 2020, the opioid epidemic was the biggest health concern in the United States. But since the first case of COVID-19 was confirmed in the United States, it has been the subject of the country’s undivided attention as it halted everyone’s day-to-day lives. Meanwhile, the opioid crisis “quietly” found renewed life in the midst of the overriding COVID-19 pandemic. Significant progress had been made in combatting the opioid epidemic through the past few years. For example, there was actually a decrease in opioid-related drug deaths in 2018 for the first time since 1990. Despite such positive strides, many believe that COVID-19 threatens to erase that progress if measures are not taken to address the underlying opioid health crisis. Continue Reading Dueling Diseases: How the Coronavirus Pandemic Has Intensified the Opioid Epidemic

Prioritizing Health Over Punishment – Oregon becomes the first state to decriminalize personal possession of all drugs

Prioritizing Health Over Punishment – Oregon becomes the first state to decriminalize personal possession of all drugs

Nov 16, 2020 |

By Meghan Phelan, JHBL Staff Member

In the early 1970s, President Richard Nixon declared a War on Drugs, stating drug abuse was “public enemy number one.”  Nixon’s initiative increased federal funding for drug control agencies and implemented strict measures mandating prison sentences for drug-related crimes.  Since then, drug users have been viewed as “morally corrupt troublemakers.”[1]  However, this notion is now being challenged because the idea of treating drug addiction as a public health problem, rather than one of crime and punishment, is gaining traction. Continue Reading Prioritizing Health Over Punishment – Oregon becomes the first state to decriminalize personal possession of all drugs

Can You Afford Your Disease? How the Presidential Election will Determine the Future of the Free Market

Can You Afford Your Disease? How the Presidential Election will Determine the Future of the Free Market

Nov 9, 2020 |

By Jordyn Murphy, JHBL Staff Member

Drug prices have significantly increased over the years, leaving many Americans unable to afford their prescriptions. The price increases are not because the prescriptions have any additional health benefits or cost more to make. Rather, the free market and lack of governmental regulation have permitted corporate greed to take over. Fixing the system will not be easy or quick, and Americans are looking to the new President-elect, Joe Biden, to tackle prescription drug prices.

Continue Reading Can You Afford Your Disease? How the Presidential Election will Determine the Future of the Free Market

Suing China Over COVID-19 – Can It Be Done, And Who Is Crazy Enough To Try?

Suing China Over COVID-19 – Can It Be Done, And Who Is Crazy Enough To Try?

Nov 2, 2020 |

By Joseph Mongiardo, JHBL Staff Member

As the COVID-19 pandemic enters its ninth month, many stir-crazy Americans understandingly find themselves angry – and what do Americans do when we are angry? We file lawsuits, of course.[i]  While one could get into a deeper discussion of the political nature of the pandemic, and the subsequent finger-pointing of its handling, I seek no part in that discussion here: the fact of the matter is there is a select portion of the U.S. population currently seeking to sue China for liability.  But is a lawsuit really a viable way to proceed?  Can American litigants really bring the monolith of the Communist Party of China to bear for the deaths caused by the virus? Continue Reading Suing China Over COVID-19 – Can It Be Done, And Who Is Crazy Enough To Try?

Does The American Medical Association Contribute To The Physician Shortage In The United States?

Does The American Medical Association Contribute To The Physician Shortage In The United States?

Oct 27, 2020 |

By Tim Jenis, JHBL Staff Member

The word “Cartel” is associated with numerous negative concepts.  It is most commonly associated with the illegal drug trade, and a quick google search of the word will show problems with this thinking.  The first of many results for this search show drug trafficking-related content.  Drug trafficking cartels, such as the Sinaloa Cartel, are merely examples of cartels.  The definition of the word cartel is much broader than the general perception of the word.  According to Merriam-Webster, a cartel is defined as “a combination of independent commercial or industrial enterprises designed to limit competition or fix prices.”  Cartels are a more common concept than people think and affect the United States in ways more than just the illegal trade of drugs. Continue Reading Does The American Medical Association Contribute To The Physician Shortage In The United States?

Telemedicine: The Future of Medicine or Health Care Fraud?

Telemedicine: The Future of Medicine or Health Care Fraud?

Oct 19, 2020 |

By Christian Ison, JHBL Staff Member

With the ever-growing concern of the COVID-19 outbreak, telemedicine is a very accessible way for people to receive the healthcare they need.  Telemedicine is the distribution of health services and information via electronic and telecommunication technologies.  On the one hand, this methodology allows patients to receive the care and services they need while maintaining social distancing guidelines to reduce the risk of spreading and contracting the virus.  However, on the other hand, there is room for telemedicine to be exploited and blatantly abused for personal financial gain by licensed medical professionals. Continue Reading Telemedicine: The Future of Medicine or Health Care Fraud?

California Wildfires: What is Happening, What are the Impacts, What Can be Done

California Wildfires: What is Happening, What are the Impacts, What Can be Done

Sep 28, 2020 |

By Kevin Boyle, JHBL Staff Member
2020’s been a hell of a year—literally.  The state of California is currently in an all-out war with numerous wildfires.  As of Monday, September 21, 2020, California is battling 27 wildfires, as well as one extended attack wildfire. These fires have already burned over 3.6 million acres—roughly the size of the state of Connecticut.  Continue Reading California Wildfires: What is Happening, What are the Impacts, What Can be Done

The Pandemic’s Hidden Crisis: Domestic Abuse. Are We All Really Safer at Home?

The Pandemic’s Hidden Crisis: Domestic Abuse. Are We All Really Safer at Home?

Sep 20, 2020 |

By: Melanie Amaral, JHBL Staff Member
One in every seven children has experienced abuse or neglect, and this is likely an understatement. Child abuse and neglect is a public health crisis that carries lasting health implications into a child victim’s adulthood. Furthermore, one in four women and nearly one in ten men have experienced some form of intimate partner violence, or IPV. IPV includes physical and sexual violence, stalking, and psychological aggression. Like child abuse and neglect, IPV is a public health crisis that leaves survivors with negative health consequences ranging from chronic conditions affecting the heart and reproductive systems, to mental conditions such as depression and posttraumatic stress disorder. Unfortunately, the current public health crisis formed by the Covid-19 pandemic is making matters worse: quarantine practices and state stay-at-home-orders are directly related to an increase in domestic abuse. We have been told for months that staying home can save lives. Unfortunately for some, this will come at a price, and the United States must do better to recognize this shadowed crisis. Continue Reading The Pandemic’s Hidden Crisis: Domestic Abuse. Are We All Really Safer at Home?

June Is Bustin’ Out On Precedent: The Case for June Medical Services v. Russo

June Is Bustin’ Out On Precedent: The Case for June Medical Services v. Russo

Jun 25, 2020 |

By Kelley Huber, JHBL Chief Symposium Editor
Abortion advocates and opponents are waiting fervently for the Supreme Court’s decision in June Medical Services v. Russo, an appeal from the 5th Circuit. In this case, the state of Louisiana is attempting to implement hospital admitting privileges as a requirement for abortion clinics to remain open under current state health protocols Under this logic, an abortion provider can only deliver abortion care safely by having the power to admit patients to a local hospital, despite less than 1% of patients experiencing complications from the procedure.  This may seem like a redundant concept for the Court to extrapolate because it recently has—in 2016’s Whole Woman’s Health v. Hellerstedt. This case involved a similar state requirement in Texas, and the Supreme Court found this requirement to be an undue burden for the delivery of abortion services in the state. However, June Medical arrived at the Supreme Court after the 5th Circuit misapplied the Whole Woman’s Health precedent in an en banc decision and found the state requirement to not be burdensome. When the abortion clinic appealed to the Supreme Court, the state filed a countersuit asking the Court whether giving third-party standing to abortion providers on behalf of their patients was constitutional. Continue Reading June Is Bustin’ Out On Precedent: The Case for June Medical Services v. Russo

New England Area COVID-19 Travel Restrictions Raise Constitutional Questions

New England Area COVID-19 Travel Restrictions Raise Constitutional Questions

Apr 13, 2020 |

By Robert Wheeler, III, JHBL Staff Member
Faced with a surging number of COVID-19 cases, state governors and municipality administrators find themselves pitted against each other while trying to balance the constitutional rights of citizens against the exigencies of a public health crisis. One governor last week caused headlines with her unprecedented plan to protect here state’s borders. Continue Reading New England Area COVID-19 Travel Restrictions Raise Constitutional Questions

Unfilled Scripts: How the Coronavirus Outbreak Exposes the U.S. Drug Shortage Crisis

Unfilled Scripts: How the Coronavirus Outbreak Exposes the U.S. Drug Shortage Crisis

Mar 25, 2020 |

By Xiaowei Sun, JHBL Staff Member
With many pharmaceutical companies relying on foreign-sourced ingredients and manufacturing plants abroad, the Coronavirus outbreak exposes the vulnerabilities in America’s drug supply chain. As fears of drug shortages grow, pending legislation could mitigate the shortage. But the severity of a shortage may depend largely on how COVID-19 impacts the countries the U.S. relies on for its drug supply chain. Continue Reading Unfilled Scripts: How the Coronavirus Outbreak Exposes the U.S. Drug Shortage Crisis

Chemical Consequences of Combat: Victims of Government Inaction Relating to the Genetic Consequences of Exposure

Chemical Consequences of Combat: Victims of Government Inaction Relating to the Genetic Consequences of Exposure

Mar 24, 2020 |

By Jonathan Tilden
Over the past few decades, a great deal of attention has been given to the seemingly ever-rising number of cases of birth defects being reported in the children and grand-children of Vietnam veterans who were exposed to Agent Orange. The federal government and the Department of Veterans Affairs have taken objectionable stances on issues relating to those afflicted by vehemently denying any connections between certain illnesses and exposure to Agent Orange. They do this by showing a reluctancy to assume responsibility and provide care to those who have legitimate claims of their illnesses being scientifically linked to the deadly chemical compound. Could the consequences of being exposed to burn pits in the modern age create similar hurdles for those afflicted and their future generations? Continue Reading Chemical Consequences of Combat: Victims of Government Inaction Relating to the Genetic Consequences of Exposure

HHS Grants Broad Liability Immunity against Future Claims Related to COVID-19 Countermeasures

HHS Grants Broad Liability Immunity against Future Claims Related to COVID-19 Countermeasures

Mar 22, 2020 |

By Michael Mancinelli, JHBL Lead Articles Editor
Amidst unprecedented disruptions to our economy and way of life, the Dept. of Health & Human Services this week granted tort immunity for activities related to COVID-19 countermeasures. Given the vast scale and immediacy of this outbreak, the implications of this declaration are enormous. In effect, the declaration creates liability immunity for a range of manufacturers and healthcare providers tasked with producing, distributing, and administering COVID-19 countermeasures. Continue Reading HHS Grants Broad Liability Immunity against Future Claims Related to COVID-19 Countermeasures

HHS Grants Broad Liability Immunity against Future Claims Related to COVID-19 Countermeasures

What Can the U.S. Do to Stop the Spread of Coronavirus & What Can the World Do to Minimize the Economic Impact of the Virus

Mar 8, 2020 |

Over the past 2 months, the Coronavirus has taken the world by storm, with over 100,000 reported infections and over 3,400 deaths. Due to China’s truant and condemnable response and coverup of COVID-19, countries around the world are scrambling to try to contain the spread of Coronavirus. What legal tools can the United States federal government and state governments implement to mitigate, or even stop the spread of the virus? How can the government minimize the effect the virus has on the national and local economy? Continue Reading What Can the U.S. Do to Stop the Spread of Coronavirus & What Can the World Do to Minimize the Economic Impact of the Virus

Popping the Blue State Bubble: How the ROE Act Puts Massachusetts In The 21st Century

Popping the Blue State Bubble: How the ROE Act Puts Massachusetts In The 21st Century

Mar 1, 2020 |

Massachusetts has long been a leader in progressive legislation. However, the Commonwealth still has decades-old laws requiring parental consent for all minors seeking an abortion. Here, 2L staffer Kelley Huber analyzes the opportunity for repealing the parental consent and judicial bypass processes in the recently introduced ROE Act. Continue Reading Popping the Blue State Bubble: How the ROE Act Puts Massachusetts In The 21st Century

Avoiding Accountability: The Insulation of Pharmaceutical Companies from Criminal Liability

Avoiding Accountability: The Insulation of Pharmaceutical Companies from Criminal Liability

Feb 26, 2020 |

By Annastasia Morairty
Fraud, misconduct, and illegal activity are well-known aspects of pharmaceutical companies’ business practices. Unlike other large industries, while business practices may be potentially unethical, but not illegal, those in the pharmaceutical industry routinely and flagrantly engage in illegal activity without facing any deterrent consequences. The Food and Drug Administration (FDA) and the False Claims Act (FCA) deem pharmaceutical companies criminally and civilly liable for engaging in conduct including, but not limited to, misbranding and mislabeling products, promoting products for off-label or non-FDA approved uses, misrepresenting or adulterating data and clinical trial results, and failing to disclose or adequately warn consumers of potential risks and side effects. Continue Reading Avoiding Accountability: The Insulation of Pharmaceutical Companies from Criminal Liability

Connecticut Students Sue to Stop Transgender Athletes from Competing in High School Track Meets: An Analysis of Transgender Rights Under Title IX

Connecticut Students Sue to Stop Transgender Athletes from Competing in High School Track Meets: An Analysis of Transgender Rights Under Title IX

Feb 20, 2020 |

By Christin Flynn Lal
Exclusionary policies for transgender student-athletes’ participation in school sports pose a severe health risk to a vulnerable population and states have an obligation to protect the health and safety of all students by enacting non-discriminating statutes. A recently filed federal lawsuit in Connecticut challenges the state’s inclusionary policies for interscholastic sports, pitting the statutory rights of transgender students to participate against the calls of unfairness and violations of Title IX. Continue Reading Connecticut Students Sue to Stop Transgender Athletes from Competing in High School Track Meets: An Analysis of Transgender Rights Under Title IX

Finland’s Fight for Families: The Prime Minister’s Gender-Neutral Solution to Parental Leave

Finland’s Fight for Families: The Prime Minister’s Gender-Neutral Solution to Parental Leave

Feb 17, 2020 |

By Bridget Moran
Finland’s prime minister recently announced a new policy for family leave – seven months to each parent. The policy is designed to be gender-neutral and reflective of “today’s concept of family.” It is part of Finland’s effort to promote gender equality and address the country’s declining birth rate. The reform brings Finland in line with Sweden, Norway, Iceland, Estonia, and Portugal in having the world’s most generous family-leave policies. A look at Finland’s history and culture highlights how it is able to achieve such radical reform. Continue Reading Finland’s Fight for Families: The Prime Minister’s Gender-Neutral Solution to Parental Leave

Refusing to Negotiate: Why Surprise Medical Bills May be Unenforceable

Refusing to Negotiate: Why Surprise Medical Bills May be Unenforceable

Feb 7, 2020 |

By Asher McGuffin
A growing number of patients receive surprise medical bills that can be as much as 40 times normal rates. This happens when healthcare providers, often working at in-network hospitals, hide their out-of-network status from patients. Although everyone has traditionally assumed surprise bills were legally enforceable, several courts have recently ruled against surprise bills. Continue Reading Refusing to Negotiate: Why Surprise Medical Bills May be Unenforceable

Mother Knows Best?: How the Texas Advance Directives Act Complicates the Relationship between Patients, Caregivers, and Hospitals

Mother Knows Best?: How the Texas Advance Directives Act Complicates the Relationship between Patients, Caregivers, and Hospitals

Feb 4, 2020 |

By Devin McDonough
A Texas court recently decided a baby girl in a Texas children’s hospital could be taken off life support pursuant to a decision of the hospital’s ethics committee. Per the “10-day rule”, a hospital can cease life-sustaining treatment if within 10 days another hospital is unavailable to care for the patient or a court does not extend the time. A rule of this magnitude is essentially presented with no procedural safeguards, much to the detriment of patients and their families. Continue Reading Mother Knows Best?: How the Texas Advance Directives Act Complicates the Relationship between Patients, Caregivers, and Hospitals

What are the Criminal Standards for Improper Prescribing and Uttering a False Prescription in Massachusetts? The SJC Offers Clarification for Healthcare Professionals and Prosecutors

What are the Criminal Standards for Improper Prescribing and Uttering a False Prescription in Massachusetts? The SJC Offers Clarification for Healthcare Professionals and Prosecutors

Jan 11, 2020 |

By Michael R. Mancinelli
A new Supreme Judicial Court ruling issued this week in Commonwealth v. Stirlacci offers a cautionary tale for solo-practitioners in Massachusetts while establishing new criminal standards for improper prescribing and uttering a false prescription. Continue Reading What are the Criminal Standards for Improper Prescribing and Uttering a False Prescription in Massachusetts? The SJC Offers Clarification for Healthcare Professionals and Prosecutors

Supervised Injection Sites – Legally Allowing the Use of Illegal Drugs?

Supervised Injection Sites – Legally Allowing the Use of Illegal Drugs?

Nov 25, 2019 |

By Sarah Marshall
A District Court judge recently ruled that an organization’s plan to open a supervised injection site where people can use illegal opioids under medical supervision does not violate federal drug laws. Endorsed by the American Medical Association, these sites hope to help combat fatal drug overdoses, but Prosecutors across the country are divided in their support, or lack thereof, for the program. Continue Reading Supervised Injection Sites – Legally Allowing the Use of Illegal Drugs?

IS THIS THE END OF VAPING? A BRIEF HISTORY OF VAPING AND HOW STATES CAN RESTRICT THE FREE MARKET THROUGH EMERGENCY LEGISLATION

IS THIS THE END OF VAPING? A BRIEF HISTORY OF VAPING AND HOW STATES CAN RESTRICT THE FREE MARKET THROUGH EMERGENCY LEGISLATION

Nov 19, 2019 |

As public officials grapple with how to handle the public health risks associated with the proliferation of vape products and e-cigarettes, it is important to examine the government’s authority to regulate during public health emergencies. Continue Reading IS THIS THE END OF VAPING? A BRIEF HISTORY OF VAPING AND HOW STATES CAN RESTRICT THE FREE MARKET THROUGH EMERGENCY LEGISLATION

PRESCRIPTION FOR END OF LIFE CHOICE: PHYSICIAN-ASSISTED DEATH WITH DIGNITY

PRESCRIPTION FOR END OF LIFE CHOICE: PHYSICIAN-ASSISTED DEATH WITH DIGNITY

Nov 13, 2019 |

By Kane Levings
Don’t we all want to die with dignity? Not legalizing physician-assisted death takes away the ability for a terminally ill person to choose when and how they die. To avoid insufferable pain and a short life expectancy, physician-assisted death has helped many people take back control of their life. Continue Reading PRESCRIPTION FOR END OF LIFE CHOICE: PHYSICIAN-ASSISTED DEATH WITH DIGNITY

Roadblocks on the Road to Recovery in Massachusetts: Informing “Section 35” Petitioners for Involuntary Commitment About the Differences Between Treatment Facilities for Alcohol and Substance Abuse Disorder

Roadblocks on the Road to Recovery in Massachusetts: Informing “Section 35” Petitioners for Involuntary Commitment About the Differences Between Treatment Facilities for Alcohol and Substance Abuse Disorder

Nov 10, 2019 |

In Massachusetts, family members, police officers and certain medical professionals can petition a court for the involuntary civil commitment and forced treatment of individuals suffering from substance or alcohol use disorder. But the state has not done enough to clearly inform petitioners about how not all Section 35 Treatment Facilities are the same and how men and women are not treated equally under the law.
Continue Reading Roadblocks on the Road to Recovery in Massachusetts: Informing “Section 35” Petitioners for Involuntary Commitment About the Differences Between Treatment Facilities for Alcohol and Substance Abuse Disorder

The Grass is Always Greener: Would Imported Drugs Solve America’s Healthcare Crisis?

The Grass is Always Greener: Would Imported Drugs Solve America’s Healthcare Crisis?

Oct 28, 2019 |

By Patrick Klosek
As healthcare costs continue to rise, politicians have begun to consider the merits of importing low-cost pharmaceuticals from Canada. While this may provide a quick fix for many struggling Americans, it is time to consider making more ambitious changes to the country’s healthcare system as a whole. Continue Reading The Grass is Always Greener: Would Imported Drugs Solve America’s Healthcare Crisis?