September 2010 - CDC Public Health Law News
Thursday, September 17, 2010
From the Public Health Law Program,
Office for State, Tribal, Local and Territorial Support,
Centers for Disease Control and Prevention
***Homeland Security and Emergency Management Book. Ernest Abbott and Otto Hetzel have published the second edition of Homeland Security and Emergency Management: A Legal Guide for State and Local Governments. The guide provides practical insight and guidance to help state and local governments and their legal counsel protect lives, property, public safety, and the public welfare. For more information, please visit http://www.abanet.org/abastore/
***Healthy Food Access Article. Sheila Fleischhacker and Joel Gittelsohn have written the article "Carrots or Candy in Corner Stores?: Federal Facilitators and Barriers to Stocking Healthier Options" in the Indiana Health Law Review. The article examines federal legal facilitators and barriers to stocking healthier options in the food environment, with particular emphasis on how healthy foods get to smaller grocery stores or "corner stores" in predominantly low-income areas. To read the article, please visit http://www2a.cdc.gov/phlp/docs/Fleischhacker%206.pdf .
***E-Cigarette Regulation. On September 9, 2010, the Food and Drug Administration (FDA) issued a letter to the Electronic Cigarette Association announcing its intent to regulate electronic cigarette and related products as drugs. Additionally, the Agency issued warning letters to five electronic cigarette distributors for violations of the Federal Food, Drug, and Cosmetic Act (FDCA). For more information on the letters, please visit http://www.fda.gov/NewsEvents/Newsroom/PressAnnouncements/ucm225224.htm.
***Medicare Tobacco Cessation Memo. The Center for Medicare and Medicaid Services (CMS) published a decision memo on August 25, 2010, announcing that CMS will cover tobacco cessation counseling for outpatient and hospitalized Medicare beneficiaries. To read the memo, please visit http://www.cms.gov/mcd/viewdecisionmemo.asp?from2=viewdecisionmemo.asp&id=242&.
***Practitioner Scopes of Practice Article. Biosecurity and Bioterrorism has recently published "Expanding Practitioner Scopes of Practice During Public Health Emergencies: Experiences from the 2009 H1N1 Pandemic Vaccination Efforts" by Brooke Courtney and others. The article provides an overview of scopes of practice and a summary of the range of legal and regulatory approaches used in the U.S. to expand practice scopes for vaccination during the 2009 H1N1 response. The article is available at http://www.liebertonline.com/doi/abs/10.1089/bsp.2010.0036.
***Inhalants and Aerosols Use. The National Conference of State Legislatures has published information about existing state statutes related to youth use of inhalants and aerosols. To access the table, please visit http://www.ncsl.org/?tabid=16447.
***Job Openings: Health Law Faculty. The College of Law at Georgia State University is seeking highly qualified applicants for three tenure-track law faculty positions in health-related fields. Partnering GSU departments in public health and health administration will also be seeking to fill three additional collaborating faculty positions along these research themes. Applications strongly encouraged before October 1. For more information, please visit http://law.gsu.edu/recruitment.
***Sugary Beverage Tax Seminar. The Yale Rudd Center for Food Policy & Obesity is sponsoring a seminar by Richard F. Daines, New York State Commissioner of Health, entitled "Selling Public Health Policy in Derivative Markets: Lessons from the 2009-2010 New York State Sugary Beverage Excise Tax" on September 22, 2010, at 12:30 p.m. For more information, please visit http://www.yaleruddcenter.org/news.aspx?id=36.
1. FDA's new rules signal closer look at egg firms
States and Localities
2. California: Ski safety legislation hits governor's desk
3. New York: State relents after ruling on cigarette tax
4. American women: birthing babies at home
5. Coming soon: theaters, airplanes to post calories
6. Govt. quick to pay VA diabetes claims
7. Some cities sink boozy float parties on public waters
8. U.S. grapples with bedbugs, misuse of pesticides
9. U.S. inaction lets look-alike tubes kill patients
California child abuse · Paparazzi penalties · RV dumping · Hospital vaccination reporting · Georgia lead removal · Kansas food security · Louisiana roadside warrants · Massachusetts tobacco ads · Michigan veteran smoking · New Jersey hazardous yo-yos · Puerto Rico dengue emergency · National foot tanning · E-cigarettes · Botox settlement · Cocaine disparity · Ebola trials · China H.I.V. discrimination
Britain drunk driving · Tdap vaccination · Mexico City smoking law · Food Stamp Program · Hospital hand hygiene · Uruguay tobacco regulation · Childhood asthma · Legal preparedness
California drug testing policy • Kansas cigar bar operation • Minnesota newborn screening program • New Jersey hookah smoking ban • Federal trucking emissions agreements • Prison malpractice • Non-natural ingredient disclosure • Tattoo parlor ban • Flu vaccine and liability • MMR vaccine and autism
Quotation of the Month
Carmen Trutanich, Los Angeles City Attorney
"FDA's new rules signal closer look at egg firms"
Wall Street Journal (08/24/2010) Timothy W. Martin and Alicia Mundy
On July 9, 2010 the Food and Drug Administration (FDA) released egg production safety rules and will begin conducting hundreds of regular inspections to ensure egg producer compliance. According to FDA commissioner, Margaret Hamburg, it is an "unfortunate irony" that the new rules took effect after the recent salmonella outbreak probably began.
Two Iowa egg producers, Wright Count Egg Co. and Hillandale Farms of Iowa Inc, are the only farms the FDA believes to be involved in the outbreak and have voluntarily recalled a combined total of more than 400 million eggs.
FDA officials said the agency "would expect the firms to correct any violations and will continue to work to ensure that eggs are not sold to consumers from these farms until we know they can be shipped safely."
Based on statements made by the U.S. Department of Agriculture (USDA) and FDA officials, before July 9, no federal agency previously was directly responsible for monitoring how egg producers guard against salmonella; the FDA managed egg shell safety and had inspecting authority, but no means by which to enforce safety-related issues.
Conversely, while the USDA had authority to inspect eggs for freshness and thickness to assign quality grade, the agency has no legal authority to regulate shelled eggs for human consumption.
The new FDA rules mandate farm testing for eggs for salmonella, buying chicks and young hens from suppliers who monitor for salmonella, and protecting water and feed from contamination.
[Editor's Note: For more information on FDA's new egg safety rules, please visit http://www.fda.gov/ForConsumers/ConsumerUpdates/ucm224979.htm.]
"Ski safety legislation hits governor's desk"
California Chronicle (08/28/2010)
The California legislature passed a bill which would make ski slopes safer for children. Senate Bill 880, which awaits California Governor Arnold Schwarzenegger's signature, would require all skiers and snowboarders under age 18 to wear a helmet as well as requiring resorts to post the law on all trail maps, websites and other areas throughout their properties.
Parents of children in violation of the skiing and snowboarding helmet law would have to pay a fine of no more than $25, a penalty similar to that associated with California's bicycle helmet law.
California senator Leland Yee, author of the bill, is also working on a bill with Assemblyman Dave Jones that would require ski resorts to create and publish safety plans and to also report any fatalities occurring at the resort to California Division of Occupational Safety and Health.
While half of all ski-related deaths are caused by head injuries, studies have shown that wearing a helmet may reduce incidents of traumatic brain injury from 85 to 56 percent. "The passage of SB 880 is a big step toward reducing head injuries experienced by young skiers and snowboarders," said Dr. David Lechuga, a neuropsychologist.
"When the data is so conclusive that helmets save lives and reduce severity of injuries, California should set minimum standards for safety," said Yee.
Governor Schwarzenegger must sign or veto the bill by September 30.
[Editor's Note: To read the bill, please visit http://www.leginfo.ca.gov/pub/09-10/
"State relents after ruling on cigarette tax"
Buffalo News (09/02/2010) Dan Herbeck and Aaron Besecker
On September 1, 2010 Judge Samuel L. Green, Fourth Department of the State Appellate Division of New York, reinstated a temporary restraining order precluding the state from taxing cigarette sales by Native Americans to non-Indians.
The order's reinstatement temporarily blocked the state's plans to begin taxing $4.35 per pack for cigarettes sold to non-Indians. Jessica Bassett, a spokeswoman for New York Governor David A Patterson, says "We are disappointed today that the Appellate Division has stayed the implementation of our statute and regulations."
Seneca Nation president Barry E. Snyder, Sr. reaffirmed the tribe's intent to fight the legislation, saying, "we are extremely relieved that now all Indian nations within New York are protected from the state's collection efforts, while efforts continue in both state and federal courts to continue or challenge of the state's misguided taxing scheme."
Margaret A. Murphy, the Buffalo, New York attorney who argued for the restraining order's reinstatement, says "we're glad that he took the prudent measure of putting things back at the status quo so the judges can look at it..."
The restraining order will remain in place pending a decision from a five-judge panel of the appellate court, which was scheduled to hear the case on September 9, 2010.
[Editor's Note: On September 14, 2010, the Appellate Division denied a preliminary injunction to enjoin the State of New York from enforcing its Tax Law. To read the order, please visit http://www.courts.state.ny.us/ad4/Court/Decisions/2010/09-14-10/DAY%20WHOLESALE.091410.ORDER.pdf.]
"American women: birthing babies at home"
Time (09/04/2010) Catherine Elton
While about 25, 000 American women choose to deliver their babies at home, many more women are unable or precluded from doing so because of state laws. Midwife-assisted home births are not always legal; only 27 states license or regulate direct-entry midwives, whose level of training meets national standards for attending planned home births.
Unlike legally certified nurse midwives (CNM), who may assist home births in any state, certified professional midwives (CPM) are not nurses, but have met national standards for attending planned home births.
In states without midwife licensing laws, home births attended by a CPM are illegal and attending such a birth may lead to the midwife being arrested and prosecuted for practicing nursing or medicine without a license. In situations where the CPM attends a birth anyway, fear of prosecution may discourage the midwife from seeking hospital care for patients in distress.
There is a long-standing debate within the medical profession about the safety of planned home births. In a 2007 statement the American Congress of Obstetricians and Gynecologists (ACOG) indicated that the "safest setting for labor, delivery and the immediate postpartum period is in the hospital or a birthing center within a hospital . . . or in a freestanding birthing center."
Conversely, in July the American Journal of Obstetrics and Gynecology published an article highlighting possible advantages of home births, including fewer maternal interventions such as episiotomies, cesarean deliveries, and epidurals, as well as focusing on fewer cases of low birth weight and premature birth.
Although 23 states currently do not license CPMs, the issue is reaching legislatures; Wisconsin recently passed a midwife licensing law and a law is still pending in Massachusetts. Each of these bills were sponsored by women whose children died in home births. Each woman says their child died, not of the home birth, but because the midwives who attended their birth were not certified to be competent.
"Coming soon: theaters, airplanes to post calories"
Wall Street Journal Janet Adamy (08/31/2010)
The Patient Protection and Affordable Care Act, enacted in March 2010, included mandates that thousands of places offering food must also offer nutritional information.
The Act requires restaurant chains that operate in 20 or more locations or with more than 20 vending machines to post nutritional information by 2011. In August the Food and Drug Administration (FDA) released preliminary guidelines which would extend the requirements beyond restaurants to airlines, convenience stores and movie theaters that qualify as chains.
While many details are still being worked out by the FDA, the law requires that at the minimum, businesses conspicuously display the caloric information beside the name of the food.
Erik Lieberman, regulatory counsel for the Food Marketing Institute, the main trade group for grocery stores, argues grocery stores should be exempt from the regulations. "The vast majority of supermarket customers are not consuming the food they purchased at the store within the store."
How much difference the new information will make is unclear; a Stanford University study of New York City Starbucks locations before and after implementation of the city's calorie labeling requirements took effect found that the average calories consumed per transaction fell by 6 percent.
According to health advocates, however, widespread information may be a valuable weapon in the campaign against obesity. "Everybody's going to be a little bit better informed, and that's a good thing," says Lou Sheetz, executive vice president at Sheetz, inc., a convenience store chain with over 380 outlets.
[Editor's Note: For more information on the guidelines, please visit
"Govt. quick to pay VA diabetes claims"
ABC News (08/30/2010) Mike Baker
According to the Department of Veterans Affairs, more than 25 percent of Vietnam veterans receiving disability checks are receiving compensation for diabetes because of scientists' concerns associated with Agent Orange. Diabetes accounts for more Vietnam veterans' benefits than any other ailment, including post-traumatic stress disorder, hearing loss or general wounds.
During the Vietnam War, the Viet Cong used dense jungle foliage as cover. The American military sprayed Agent Orange, a powerful dioxin-laden defoliant. Many American military were exposed to the chemical; Agent Orange was later linked to many illnesses, including cancers.
The extent to which Agent Orange is responsible for these ailments is still unclear and some experts believe the link is minimal. Nonetheless, a plethora of other claims, many common with advancing age, are being paid because of possible links to Agent Orange.
Dr. Victoria Anne Cassano, director of radiation and physical exposures at the Veterans Health Administration, says the wording of the 1991 Agent Orange Act indicates officials should assume Agent Orange is associated with a disease "if the credible evidence for the association is equal to or outweighs the credible evidence against the association."
This low bar, coupled with the fact that the VA has revealed plans to add heart disease, certain types of leukemia and Parkinson's disease to the list of conditions which might be associated with Agent Orange, has many officials worrying about mounting and looming costs.
"There needs to be a discussion about the costs, about how to avoid false positives while also trying to be sure the system bends over backwards to be fair to the veterans," says director of the Institute for Global Health at the University of Southern California, Jonathan M. Samet.
Being fair to the veterans remains the priority. "Does it make you take a deep breath? Does it give you pause? Yes. But you still do what you think is the right thing to do," says Dr. Cassano.
"Some cities sink boozy float parties on public waters"
MSNBC (09/01/2010) Melissa Dahl
Mounting concern and deaths tied to mass flotillas of rafts on public waterways has led some cities and counties to ban parties on public waters, while other officials struggle with managing such gatherings. The parties, sometimes gathering as many as 10,000 people, are almost exclusively made up of young adults and teenagers.
Due to social media and networking, the parties are easier to organize and are reaching many more people; the University of California, Santa Barbara's Floatopia, which founded in 2003 by Yvonne Foletta, had over 2,300 RSVP's on Facebook.
According to the Centers for Disease Control and Prevention, up to 50 percent of adolescent and adult deaths associated with water recreation also involve alcohol. Even Foletta, who was a senior when she founded the first Santa Barbara Floatopia, admits the event may be dangerous, "I hate saying it, but it's true . . . it's not safe. People can drown."
In July the San Diego City Council voted to ban that city's Floatopia, banning alcohol up to three miles off the San Diego coast, according to San Diego Police Department's Captain Christopher Ball. Nearby, Sacramento County negotiated a law that would ban alcohol on the county's 20-mile stretch of the American River, but only on major summer holiday weekends: Memorial Day, Independence Day and Labor Day. Alcohol is discouraged but not banned from Bullhead City, Arizona's annual float, though the float is sponsored by the city
Some San Diego Floatopia fans like Wayne Linger feel the ban is overstating the issue, "the way that the city is attacking it as a public health issue, before people drown, well, let's be honest, you're in water up to your waist."
Though some citizens have complained, Ball says the ban in San Diego is about safety. "You can go into any major city in the country and you can get drunk off your ass and fall over . . . it's not good but it's not fatal. But you're out there on 15 feet of water and you slip off that float and go underwater, there's a damn good chance you're not going to come back up."
"US grapples with bedbugs, misuse of pesticides"
Associated Press (08/30/2010) Mat Leingang
In the face of the one of the greatest bedbug infestations in more than 50 years, many people suffering from the infestations are turning to illegal indoor pesticides and questionable exterminators.
Bedbug infestations are increasingly difficult to eradicate as the parasites become more resistant to common pesticides. The bugs' bite creates red, itchy bites which can become infected if scratched.
In August 2010, the Environmental Protection Agency (EPA) issued warnings against the "unrealistic promises of effectiveness or low cost" made by exterminating companies and also against indoor use of chemicals which are only approved for outdoor use, such as the pesticide propoxur.
Though the EPA banned in-home use of propoxur in 2007 because the agency believes it is carcinogenic, authorities in Ohio, supported by as many as 25 other states, made an emergency petition to the EPA for indoor use. The EPA rejected Ohio's initial request in June, but will consider new information.
Many experts in the field support the EPA's hesitation to allow propoxur back into the home.
"Propoxur is not a silver bullet, and given time, bedbugs would likely become resistant to it, too," said Penn State University entomologist, Lyn Garling.
In the interim, highly flammable garden and lawn chemicals are being linked to house fires because people are using the outdoor chemicals for the indoor war against the bugs. Michael Potter, a national expert in bedbugs and entomologist at the University of Kentucky, said, "when you see the anguish that bedbugs cause these people it's understandable why they might take things into their own hands, and some of it is very dangerous."
[Editor's note: On August 30, 2010, New York enacted two new bedbug laws. One of the laws, Chapter 426; Assembly Bill 5434, Senate Bill 4472, requires city school districts of one million or more students to notify parents if bedbug infestations are located in a school. The schools must also notify of subsequent infestations and take precautions to avoid infestation transference from schools to homes. http://open.nysenate.gov/legislation/api/html/bill/S8444. The second act, A 10356-B; S 8130, requires property owners to provide each tenant signing a lease with notice of any bedbug infestation in the unit or the building for the preceding year. http://open.nysenate.gov/legislation/bill/A10356B.]
"U.S. inaction lets look-alike tubes kill patients"
New York Times (08/20/2010) Gardiner Harris
Hundreds of U.S. hospital deaths have been linked to mix-ups between intravenous feeding tubes, through which nutrients are delivered via a vein, and nasogastric feeding tube which delivers nutrients directly to the stomach. The tubes have identical connectors. Since 1996 experts and advocacy groups have argued that tubes for different functions should be incompatible, thereby preventing tube misconnections.
In 2008, California passed legislation mandating that feeding tubes no longer be compatible with intravenous tubes by 2011, but movements by AdvaMed, the manufacturer's trade association, successfully delayed the bill until 2013 and 2014 or until an international standards group decides otherwise.
According to Nancy Pratt, a senior vice president at Sharp HealthCare and vocal advocate for changing the system, "nurses should not have to work in an environment where it is even possible to make that kind of mistake... the nuclear power and airline industries would never tolerate a situation where a simple misconnection could lead to a death."
Food and Drug Administration (FDA) reviewers are beginning to take note; in April 2010 Dr. Kevin McBryde, the FDA reviewer for Multi-Med's application to produce feeding tubes for newborns, said the application "does not adequately address the safety concerns for misconnections." Dr. McBryde's memorandum, however, was later overruled by an FDA manager.
"These things are hard to change when you have to get so many different organizations to act in concert," says Nancy Foster, vice president for quality and patient safety at the American Hospital Association.
California: Child deaths due to abuse and neglect not reported, in spite of state law
"Los Angeles county didn't report child deaths"
Los Angeles Times (08/30/2010) Garrett Therolf
California: Paparazzi to face stiff penalties under new law
"No action on reckless state spending. So lawmakers tackle reckless journalism"
Los Angeles times (08/31/2010)
California: RV's dumping sewage makes for unhappy campers
"RV dweller to face charges over sewage dumping in Venice"
Los Angeles Times (08/26/2010) Martha Groves
California: Law requires staff vaccination rate reporting, but 31% of hospitals not in compliance
"Nearly half of healthcare workers in California hospitals did not receive flu shots"
Los Angeles Times (09/02/2010)
Georgia: Department of Natural Resources to oversee lead removal in homes across state
"State to get lead out now"
Athens Banner-Herald (09/01/2010) Walter C. Jones
Kansas: Governor issues executive order creating food security task force
"Gov addresses state hunger"
Topeka Capital-Journal (09/01/2010)
Louisiana: Judges to issue roadside warrants for drivers refusing blood alcohol testing
"New DWI tactic tried"
The Advocate (09/02/2010) Will Sentell
Massachusetts: Tobacco ads still prevalent 12 years after state-wide ban, poorer areas targeted
"Tobacco signs still target city's poorer areas"
Boston Globe (08/30/2010) Stephen Smith
Michigan: Legislation exempts homes for veterans from state-wide smoking ban
"Rep. Dave Hildenbrand on lifting smoking ban for veterans home: It won't be easy"
Grand Rapids Press (08/30/2010) Monica Scott
New Jersey: State won't be jerked around by hazardous yo-yo waterballs
"N.J. wins suit over sale of dangerous yo-yo toys"
New Jersey Online (08/31/2010)
Puerto Rico: New record for Dengue Fever deaths, government declares public health emergency
"Puerto Rico government declares emergency after increase in dengue deaths"
Latin American Herald Tribune (09/14/2010)
National: Tootsie Tanner foot tanning device may burn feet and eyes says FDA
"Don't get burned by foot tanner, FDA warns"
Los Angeles Times (08/24/2010) Melissa Healy
National: E-cigarettes on the wrong side of FDA's fight to regulate drug-delivery devices
"E-cigarettes spark new smoking war"
Wall Street Journal (08/25/2010) David Kesmodel and Danny Yadron
National: Botox maker to pay $600 million for marketing unapproved uses
"Maker of Botox settles inquiry"
New York Times (09/01/2010) Natasha Singer
National: Laws treating crack cocaine and powder-cocaine differently still lead to discrimination
"Some states haven't changed crack-coke disparity"
Associated Press (09/01/2010)
National: FDA allows human trials in search for Ebola Hemorrhagic Fever cure
"US scientists' trial brings them "closer to Ebola drug"
BBC News (8/22/2010)
China: Chinese court to hear H.I.V. employment discrimination case
"In rare move, China Court to hear H.I.V. case"
New York Times (08/31/2010) Michael Wines
"Anti-drink driving reform in Britain, c. 1920-80"
Addiction (09/2010) Bill Luckin
"Changes in Tdap and MCV4 vaccine coverage following enactment of a statewide requirement of Tdap vaccination for entry into sixth grade"
American Journal of Public Health (09/2010) Elyse Olshen Kharbanda and others
"Policy support, norms, and secondhand smoke exposure before and after implementation of a comprehensive smoke-free law in Mexico City"
American Journal of Public Health (09/2010) James F. Thrasher and others
"Using the Food Stamp Program and other methods to promote healthy diets for low-income consumers"
American Journal of Public Health (09/2010) Jonathan D. Shenkin and Michael F. Jacobson
"Public reporting of hospital hand hygiene compliance-helpful or harmful?"
Journal of the American Medical Association (09/08/2010) Matthew P. Muller and Allan S. Detsky
"Philip Morris versus Uruguay: health governance challenged"
The Lancet (09/11/2010) Raphael Lencucha
"Smoke-free legislation and hospitalizations for childhood asthma"
New England Journal of Medicine (09/16/2010) D. Mackay and others
"Mental and behavioral health legal preparedness in major emergencies"
Public Health Reports (09/2010) Aubrey J. Corcoran, James G. Hodge, and Lainie Rutkow
http://www.publichealthreports.org/archives/issuecontents.cfm?Volume=125&Issue=5 (subscription required)
California: Random drug testing policy upheld based on state constitutional right to privacy
Brown v. Shasta Union High School District et al.
Court of Appeal, Third District, California
Case No. C061972 (Super. Ct. No. 164933)
Filed September 2, 2010
Opinion by Judge Cantil-Sakauye
Kansas: Preliminary injunction for cigar bar operation denied
Delano Enterprises, Inc. v. Six
District Court of Sedgwick County, Civil Department, Division 26
Issued August 31, 2010
Case No. 10 CV 2522
Minnesota: State-mandated newborn screening program upheld
Bearder v. Minnesota
Court of Appeals of Minnesota
Case No. A10-101
Filed August 24, 2010
Opinion by Judge Muehlberg
New Jersey: Hookah smoking ban in restaurants under the Smoke Free Air Act upheld
New Jersey v. Badr
Superior Court of New Jersey, Appellate Division
Decided August 5, 2010
Docket No. A-1975-08T4
Opinion by Judge Espinosa
Federal: Port of Los Angeles' concession agreements on trucking emissions upheld
American Trucking Associations, Inc. v. City of Los Angeles
U.S. District Court, Central District of California, Western Division
Case No. CV 08-4920 CAS (RZx)
Filed August 26, 2010
Opinion by Judge Snyder
https://ecf.cacd.uscourts.gov/cgi-bin/login.pl (registration required)
Federal: Summary judgment of inmates' claims of malpractice by Corrections nurse denied
Hutt v. Taylor
U.S. District Court, District of Delaware
C.A. No. 08-184 GMS
Filed August 20, 2010
Opinion by Chief Judge Sleet
Federal: Claims for failure to disclose non-natural ingredients in chewy bars & yogurt preempted
Turek v. General Mills, Inc.
U.S. District Court, Northern District of Illinois
Case No. 09 C 7038
Filed September 1, 2010
Opinion by Judge Gettleman
https://ecf.ilnd.uscourts.gov/cgi-bin/ShowIndex.pl (registration required)
Federal: Ordinance banning tattoo parlors struck down as unreasonable
Anderson v. City of Hermosa Beach
U.S. Court of Appeals, Ninth Circuit
Case No. 09-56914
Filed September 9, 2010
Opinion by Judge Bybee
Federal: Denial of compensation for transverse myelitis suffered after flu vaccine affirmed
Broekelschen v. Secretary of Health and Human Services
U.S. Court of Appeals, Federal Circuit
Case No. 2009-5132
Filed September 10, 2010
Opinion by Judge Gajarsa
Federal: Denial of compensation for autism injuries suffered after vaccines affirmed
Cedillo v. Secretary of Health and Human Services
U.S. Court of Appeals, Federal Circuit
Case No. 2010-5004
Filed August 27, 2010
Opinion by Judge Dyk
__________PHL NEWS QUOTATION OF THE MONTH___________
"When it hits the fan, it hits my office too."
-- Carmen Trutanich, Los Angeles City Attorney, on community outrage over the illegal dumping of raw sewage onto city streets by motor home dwellers.
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The News is published by the Public Health Law Program, Office for State, Tribal, Local, and Territorial Support, Centers for Disease Control and Prevention (CDC), U.S. Department of Health and Human Services (DHHS). Lindsay Culp, J.D., M.P.H., Editor; Abigail Ferrell, Writer. Special thanks to Tara Ramanathan, J.D., M.P.H., for her help on this issue.