Holland & Hart Healthcare Law Blog

CAN HOSPITAL DECLOAK ANONYMOUS CRITIC?

Last month a Texas Court of Appeals granted a limited mandamus to an anonymous blogger who was frequently critical of Paris (Texas) Regional Medical Center (PRMC"), a subsidiary of a hospital system known as Essent.  PMRC filed suit earlier in the year against the anonymous blogger who goes by the nom de guerre of Frank Pasquale and nine other anonymous contributors or commentators on his blog for libel. Since the PRMC didn't know the identity of Pasquale they sought an court order under the Cable Communications Policy Act of 1984 to force Suddenlink to disclose the IDP number and identity of Pasquale. To its credit, Suddenlink balked until the hospital agreed to permit Pasquale to be given notice and an opportunity to object. He appeared through and attorney and objected. When his objections were rejected by the trial court Pasquale filed a mandamus action to interdict the court's order.

PUBLIC CITIZEN SUES FDA TO "BLACK BOX" FLUROQUINOLONES.

In August, 2006 Public Citizen Health Research Group petitioned the FDA to require pharmaceutical companies to place "black box" warnings on their fluroquinolone antibiotics such as Levaquin, Cipro, Tequin, Norflexacin and others advising patients and physicians of high degree of danger to tendons, particularly of the potential of the rupture of the "Achilles" tendon. Public Citizen also requested the FDA to send "Dear Doctor" letters to physicians providing them with individualized warnings. Public Citizen reports that although there are current warnings about tendon damage from the use of the drug they are buried among a plethora of lesser potential reactions.