Chair's Column
by Paul R. DeMuro, Latham & Watkins LLP, San Francisco, CA and Katie Rose Fink, Law Student, Saint Louis University School of Law, St. Louis, MO

One way to increase the vitality and energy of the Health Law Section is to attract new members, particularly law student members with an interest in health law and working in the healthcare field. An added benefit of doing so, is that we are likely to decrease the average age of the HLS membership. In that regard, Katie Rose Fink, our law student representative on the HLS Council was kind enough to coordinate with me in penning this column.

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Federal Courts Reject Erin Brockovich's Latest Pitch
by Barry S. Landsberg and Joanna S. McCallum, Manatt, Phelps and Phillips, LLP, Los Angeles, CA

Erin Brockovich, of movie fame, is aggressively trying to stretch the limits of Medicare law by suing hospitals, nursing homes and other healthcare providers. So far, federal district courts in every one of the more than 30 California cases that Brockovich filed last summer have refused to "green light" this production. Rather, all courts have dismissed her claims, and they have done so upon initial motions to dismiss filed by the hospitals and other healthcare provider defendants.

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Refusing Medical Treatment: Beyond the Advance Directive
by Lois Snyder, American College of Physicians, Philadelphia, PA

Another case in Florida is shining the spotlight on refusal of life-sustaining treatment. The family of Madeline Neumann, who died in 1995 at the age of 92, is now having its day in court, two years after the Terri Schiavo case captured the nation's attention. Granddaughter Linda Scheible brought negligence, breach of contract and battery claims in 1997 against Morse Geriatric Center and its medical director Dr. Jaimy Bensimon for, she says, disregarding Ms. Neumann's advance directive with instructions on refusing life-prolonging measures (Linda Scheible, administrator of the Estate of Madeline Neumann, deceased v. Joseph L. Morse Geriatric Center and Dr. Jaimy Bensimon; Circuit Court, Palm Beach County, Florida). Ms. Neumann had Alzheimer's disease and suffered from seizures.

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Greetings from your HLS Membership Committee!

Congratulations to our second Membership Committee Incentive Program winner, Scott Rogers, Law Student, Seattle University School of Law, Seattle, WA!

You could be next! The HLS Membership Committee has been hard at work developing the next membership incentive program running from March 1, 2007 through July 31, 2007. Again, the incentive program will have the same double entry incentive for the Physician-Legal Issues Conference, scheduled for June 22, 2007 at the ABA Headquarters in Chicago, IL.

The rules of the program are as follows:

• The time period covered is March 1, 2007 through July 31, 2007.
• To be eligible, the entry/applicant must have either personally joined the HLS as a new member or recruited a new member to join the HLS during the current incentive period. In the first instance, the new member gets his or her name entered; in the latter, both the recruiting (i.e. current) HLS member and the new member are entitled to enter.
• There is no limit on the number of entries per individual, just keep recruiting! The only restriction is that the HLS membership dues must be paid by program deadline.
• A current HLS member that recruits a new member to attend the Physician-Legal Issues Conference June 22, 2007 receives two entries (Spread the word on the upcoming program and double your chances to win!).
• Email all entries to Adam Bielawski, Communications and Interest Group Manager at bielawsa@staff.abanet.org. Adam will verify all entries. It is your responsibility to ensure your entry(ies) is received by Adam by program deadline. The drawing will be held on August 1, 2007.

Incentive Prize: The Membership Gift Basket will contain delicious regional cuisiine, wine, and other goodies.

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Healthcare Litigation & Risk Management Interest Group

The Healthcare Litigation and Risk Management Interest Group examines areas in healthcare related litigation and the continuum of liability control.

The IG is led by Chair Martin J. Thompson, Manatt Phelps & Phillips, Costa Mesa, CA and Vice Chairs Michael E. Clark, Hamel Bowers & Clark, LLP, Houston, TX; Lois Snyder, American College of Physicians, Philadelphia, PA and Hilary Young, Joy & Young LLP, Austin, TX.

If you would like to join the Interest Group, continue by clicking the following link: Health Law Section IG Sign-up Form.

Do you want to communicate your ideas to thousands of other members through the wonders of cyberspace? To contribute a newsletter article on a health law topic, send us your ideas to BielawsA@staff.abanet.org