Administrative compensation of medical injuries: a hardy perennial blooms again

Periods in which the costs of personal injury litigation and liability insurance have risen dramatically have often provoked calls for reform of the tort system, and medical malpractice is no exception. One proposal for fundamental reform made during several of these volatile periods has been to relocate personal injury disputes from the tort system to an alternative, administrative forum. In the medical injury realm, a leading incarnation of such proposals in recent years has been the idea of establishing specialized administrative "health courts." Despite considerable stakeholder and policy-maker interest, administrative compensation proposals have tended to struggle for broad political acceptance. In this article, we consider the historical experience of administrative medical injury compensation proposals, particularly in light of comparative examples in the context of workplace injuries, automobile injuries, and vaccine injuries. We conclude by examining conditions that may facilitate or impede progress toward establishing demonstration projects of health courts.     

Prevalence of psychoactive substances in truck drivers in the Nord-Pas-de-Calais region (France)

A previous study conducted in 1995 showed that psychoactive drug use by workers was higher in safety/security workstations than in the rest of the labour force. In order to verify this finding, we conducted a new study in 2003-2004 in the Nord-Pas-de-Calais region, restricted to truck drivers. The aim of this study was to allow harmonizing the professional practice of the occupational physicians, proposing drug prevention and drug testing policies, validating the analytical methods and the guidelines in case of positive testing results. One thousand truck drivers were studied. Urines were tested for amphetamines, cannabinoids, cocaine, opiates, benzodiazepines, buprenorphine and methadone by immunoassay. Urine ethanol determinations were performed by an ADH method. Positive urines for drugs of abuse, methadone or buprenorphine were then tested by gas chromatography or liquid chromatography coupled to mass spectrometry. Out of the 1000 drivers, cannabinoids were detected in 85 cases, opiates in 41 cases, amphetamines in 3 cases and cocaine in only one case. Buprenorphine was detected in 18 cases, methadone in 5 cases and benzodiazepines in 4 cases. Urine ethanol was positive in 50 cases. We found only one case with 6-monoacetylmorphine. Other positive opiates were metabolites of antitussives. The relatively low number of benzodiazepine positive urines could be explained by the lack of sensitivity of the test we used. All these results confirm those of the previous study for cannabinoids and ethanol in safety/security workstations. Positive results for methadone and buprenorphine are eight times higher than in the general population. In conclusion, the authors think that it will be of a great interest to test urine of truck drivers for other classes of psychoactive drugs, using a liquid chromatography-mass spectrometry method.     

In Person

Paul Jones is with Jones & Co., a multi-lingual law firmin Toronto, Canada. He found time in his busy schedule to respondto questions posed by JIPLP. How did you first become interested in IP? I began as a commercial lawyer doing franchising, which ledto an interest in trade marks. Later I had a small client whowas threatened with litigation     

The effects of occupational stress on cognitive performance in police officers

The occupational stress of police officers, and its’ effect on working memory and other psychological and behavioral factors over a two-week work period have been investigated. Cognitive performance and stress levels were examined at pre and post work cycles by using a memory test and several self-reporting surveys, each designed for a specific purpose and to gauge a particular set of behaviors and personality traits. The police officers were assigned to patrol duties at the time of the investigation and placed into three groups based on years of service (1–20 years). The results of the investigation identified a deficit in working memory in Junior, Veteran, and Senior Officers, based on the Ray Osterreith Complex Figure Scores at Baseline (pre-stress) vs. Test Day (post-stress). The other survey tools measuring stress impact on personality and behavior, did not demonstrate any statistical differences in the responding groups of officers in their survey performances.     

Citizens,consumers, workers,and activists: civil society during and after water privatization struggles

Water privatization battles and their aftermath in seven Latin American, African, and Asian countries feature diverse and often complementary forms of action by unions, popular movements, neighbourhood associations, and non-governmental organizations (NGOs). NGOs cooperate with popular movements for water rights more than the literature would suggest, and after mobilizations against privatization, activists have had some success maintaining pressure for better service to poor neighbourhoods through advocacy and local self-provision arrangements. Public employees’ unions play important roles in water policy coalitions, often practising a distinctive form of social movement unionism. These experiences argue for a more flexible understanding of categories and organizational forms in civil society.