Navigation Links
UPDATE: Swine Flu Spread Will Trigger Difficult Legal Questions for Employers Says Noted Pillsbury Attorney

Note to News Outlets: This is a corrected update of a press release issued on April 28. Please discard earlier release.

Managing impacted workforces and potential liabilities are just a few of the challenges facing employers

NEW YORK, April 29 /PRNewswire/ -- Business managers following swine flu's (H1N1 influenza) spread and monitoring government advisories should prepare to handle the difficult legal issues likely to be triggered in an escalating epidemic or worst-case pandemic scenario, says New York litigation partner Kenneth W. Taber, head of Pillsbury's Disaster Planning and Liability Management Team. Pillsbury's team advises the City of New York and other clients on emergency and disaster response plans for natural disasters, epidemics, terrorism and other crisis scenarios.

"Epidemics pose particularly difficult issues because, unlike a hurricane or terrorist bomb, the scope of impact is not immediately clear and can change rapidly," Taber explains. "Compared to asking when a fire can be extinguished or electricity restored, diseases present companies with more complicated questions, such as whether and when they can lawfully demand employees provide proof of vaccination or treatment, bar employees from the office, or compel healthy -- but fearful -- staff to report for work."

Taber adds that even well-intentioned companies seeking to accommodate employees' concerns and assist health authorities can inadvertently incur liability if they distribute medications without complying with the applicable legal requirements. They can also run afoul of provisions in the Health Insurance Portability and Accountability Act (HIPAA) and state law if certain health records are improperly shared or not properly maintained.

"After addressing their top priority of human health and welfare, organizations also have to look at what could happen, if their suppliers or service providers are in particularly hard-hit regions and incapacitated, or if the company itself is unable to serve customers under contract. Business interruption insurance, while often of real value, is rarely a panacea," Taber noted.

Taber recommends that organizations review their emergency response plans with counsel to ensure they reflect both the changing needs of the organization and likely risk factors.

In alliance with the American Red Cross in Greater New York, Protiviti and LMI Government Consulting, Pillsbury's Disaster Planning & Liability Management team program has developed a customized methodology that effectively assesses disaster-related liability exposure and enables operational objectives to be properly aligned with risk management objectives.

About Pillsbury Winthrop Shaw Pittman LLP

Pillsbury is a full-service law firm with market-leading strengths in the energy, financial services, real estate and technology sectors. With a presence in the world's major financial and technology centers, Pillsbury counsels clients on all aspects of global business and litigation. We work in multidisciplinary teams that allow us to anticipate trends and bring a 360-degree perspective to complex business and legal issues--helping clients to take greater advantage of new opportunities and better mitigate risk. This collaborative work style helps produce the results our clients seek.

SOURCE Pillsbury Winthrop Shaw Pittman LLP
Copyright©2009 PR Newswire.
All rights reserved

Related medicine news :

1. UPDATE: NewCardio Leadership to Present Clinical Data of Fully Automated QTinno(TM) Study at American College of Cardiology Annual Meeting
2. Update: Onyx Pharmaceuticals Reports Record Full Year and Fourth Quarter 2008 Financial Results
3. UPDATE: P&M Corporate Finance Announces Partnership with Robin Young to Present the Fifth Annual Spine Technology Summit
4. UPDATE: HAP Expands Medicare Advantage Options to Include Acupuncture and Chiropractic Services
5. Economic Update: You Should Invest (in Your Appearance)
6. TCT update: press conference schedule announced for TCT
7. UPDATE: Defense Health Board Traumatic Brain Injury Family Caregivers Panel
8. UPDATE: Celebrating UC Success Announces Essay Contest Winners
9. UPDATE: Retirement Living TV Partners With Maryland Public Television to Address the Issue of Healthcare in America Through Its Series Healthcare 08: Search for Solutions
10., Inc. (Pink Sheets: VPLM.PK - News) UPDATE: Announces First Award Recipient of TalkfortheCure(TM) Dollars
11. Update: Oscar-Nominated Actress Signs on as Neutrogena(R) Brand Ambassador
Post Your Comments:
(Date:11/27/2015)... ... November 27, 2015 , ... A simply groundbreaking television series, "Voices ... show that delves into an array of issues that are presently affecting Americans. Dedicated ... open dialogue, this show is changing the subjects consumers focus on, one episode at ...
(Date:11/27/2015)... , ... November 27, 2015 , ... Dr. Thomas ... Associates, Inc. and Dr. Tucker Bierbaum with Emergency Medicine at St., Joseph ... that both STEMI and Sepsis conditions present in similar ways and require time-critical intervention ...
(Date:11/26/2015)... ... November 26, 2015 , ... ... system for diagnostic imaging in the Waterloo region. Using the Ocean Platform, family ... tests directly from their electronic medical record (EMR) without the need for redundant ...
(Date:11/26/2015)... ... November 26, 2015 , ... WorldCare International, Inc., the ... 61st annual Employee Benefits Conference. The Employee Benefits Conference was hosted by the ... Wednesday, November 11th, 2015. The conference was held at the Hawaii Convention Center ...
(Date:11/25/2015)... ... November 25, 2015 , ... As part of ... Empowerment ™ attracts volunteers together who want to combine talents and resources to ... stakeholders in the process. The non-profit launched its first major fundraiser on November ...
Breaking Medicine News(10 mins):
(Date:11/26/2015)... 2015 ... the  "2016 Future Horizons and Growth ... Marker Testing Market: Supplier Shares, Competitive ... offering.  --> ) ... "2016 Future Horizons and Growth Strategies ...
(Date:11/25/2015)... , Nov. 25, 2015  The American ... and Gynecologists (ACOG), and the March of Dimes ... Protecting Our Infants Act of 2015 ... number of newborns born exposed to drugs, such ... the bill,s introduction, all three organizations have worked ...
(Date:11/25/2015)... Nov. 25, 2015  ARKRAY USA ... to provide evidence demonstrating the accuracy of its blood ... on Insulin Resistance, Diabetes and Cardiovascular Disease in ... the Company,s GLUCOCARD ® 01 meter and the ... requirements. The ability to accurately measure glucose levels in ...
Breaking Medicine Technology: