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Affecting women

August 2003 | Volume 39, Issue 8

Recovery for domestic abuse
Peter J.M. Romary

Victims of domestic abuse are as worthy of compensation as victims of defective products or medical malpractice. Yet many lawyers don’t see potential in such cases. Depending on the law in your jurisdiction—and your own creativity—you can treat these cases as personal injury claims and achieve equitable distribution for your client.

Understanding heart disease in female patients
Susan Dennehy

What is the typical female medmal case? Many lawyers would probably say obstetrical negligence or breast cancer. But heart disease? Despite its prevalence among women, it continues to be treated as mostly a men’s problem. To litigate female plaintiffs’ heart disease cases effectively, lawyers need to understand the stereotypes that pervade modern medical practice.

The rise and fall of hormone therapy
Tobias Millrood

When the scientific community reversed itself and announced last year that hormone replacement therapy actually increases users’ risks for heart attacks and breast cancer, there was one question: How could millions of patients and their doctors have believed for decades that hormone therapy was beneficial to menopausal women? The answer: marketing.

The fight for reproductive rights
Interview with Lynn Paltrow

Thirty years after Roe v. Wade, the controversy over reproductive rights still rages. The executive director of National Advocates for Pregnant Women discusses fetal rights, the drug war, and how recent legislation affects the poor.

Fetal monitoring mistakes and their catastrophic consequences
Dov Apfel

Despite studies showing that more than 3 million fetuses a year are monitored electronically during labor, doctors often miss early warning signs of brain damage and cerebral palsy.

Feature

Punitive damages after Campbell, Smith, and Romo
Ned Miltenberg and Erwin Chemerinsky

Three recent Supreme Court rulings on punitive damages were not the slam-dunk that tort “reformers” claim. The opinions simply refine earlier Court rulings and do not signal the end of punitives. Plaintiff lawyers should ignore defense rhetoric and acquaint themselves with the details of these narrowly tailored decisions.

News & Trends

Tobacco class action goes up in smoke; individual and government cases proceed

Ninth Circuit declares one-sided arbitration clauses presumptively unconscionable

Justice Department bolsters suit by California nursing home residents

Companies knowingly sold virus-tainted blood products abroad, class action claims

Aetna settles suit over unfair business practices; dentists file similar action

Suit claims emissions from oil wells under Beverly Hills High caused cancer

SEC still quiet on attorneys’ ‘noisy withdrawal’

Departments

President’s page
Free speech and the jury trial

Code of Conduct

Supreme Court review
Texas ‘justice’

Good counsel

Reflections
I saw your ad in the Yellow Pages . . .

Discoveries

Quotes

Books

Trial and Error: The Education of a Courtroom Lawyer
by John C. Tucker

Automotive Vehicle Safety
by George A. Peters and Barbara J. Peters

Classifieds

Classifieds

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Balancing the Scales of Justice
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