Inapplicability of the Self-Critical Analysis Privilege to the Drug and Medical Device Industry

The Federal Food, Drug, and Cosmetic Act requires drug and medical device manufacturers to investigate and report to the U.S. Food and Drug Administration incidents involving their products, even though personal injuries may not have resulted. These reports are available to the public through the Freedom of Information Act (FOA) and can be used against drug and medical device defendants in civil litigation. To encourage candid reporting, some commentators have suggested the application of the self-critical analysis privilege to this industry. The author reviews the historical development of the privilege, arguing both that application of the privilege is federally preempted by the FOA and that strong public interests of liberal discovery and the right of access to government records do not justify expansion of the self-critical analysis privilege to product safety analyzes submitted to the FDA by the drug and medical device industry

Medical Malpractice: The Right to Recover for the Loss of a Chance of Survival

Traditionally, a plaintiff suffering from misdiagnosis has been precluded from recovery unless he could show that but for the misdiagnosis he would have had a better-than-even chance of recovery. While many courts have attempted to avoid this doctrine by reducing the standard of causation, this has led to inconsistent results. The better approach is to recognize that a chance of recovery has a compensable value in and of itself This comment will explore the concept of loss of a chance and trace its development as it relates to medical malpractice actions

Sedimentation in the Gulf of Paria during the Holocene transgression; a subsurface acoustic reflection study

A subsurface acoustic reflection study has been carried out in the Gulf of Paria with an Edo UQN Echo-sounder and a Precision Graphic Recorder of The Alden Electronics and Impulse Recording Equipment Co., Inc. Using a very short ping length for maximum resolution, penetration below the bottom in excess of 0.03 sec (45 m) was commonly obtained in water depths up to 100 m...

Spatial heterogeneity and irreversible vegetation change in semi-arid grazing systems

Recent theoretical studies have shown that spatial redistribution of surface water may explain the occurrence of patterns of alternating vegetated and degraded patches in semiarid grasslands. These results implied, however, that spatial redistribution processes cannot explain the collapse of production on coarser scales observed in these systems. We present a spatially explicit vegetation model to investigate possible mechanisms explaining irreversible vegetation collapse on coarse spatial scales. The model results indicate that the dynamics of vegetation on coarse scales are determined by the interaction of two spatial feedback processes. Loss of plant cover in a certain area results in increased availability of water in remaining vegetated patches through run-on of surface water, promoting within-patch plant production. Hence, spatial redistribution of surface water creates negative feedback between reduced plant cover and increased plant growth in remaining vegetation. Reduced plant cover, however, results in focusing of herbivore grazing in the remaining vegetation. Hence, redistribution of herbivores creates positive feedback between reduced plant cover and increased losses due to grazing in remaining vegetated patches, leading to collapse of the entire vegetation. This may explain irreversible vegetation shifts in semiarid grasslands on coarse spatial scales

Enhancement of urban pluvial flood risk management and resilience through collaborative modelling: a UK case study

This paper presents the main findings and lessons learned from the development and implementation of a new methodology for collaborative modelling, social learning and social acceptance of flood risk management technologies. The proposed methodology entails three main phases: (1) stakeholder analysis and engagement; (2) improvement of urban pluvial flood modelling and forecasting tools; and (3) development and implementation of web-based tools for collaborative modelling in flood risk management and knowledge sharing. The developed methodology and tools were tested in the Cranbrook catchment (London Borough of Redbridge, UK), an area that has experienced severe pluvial (surface) flooding in the past. The developed methodologies proved to be useful for promoting interaction between stakeholders, developing collaborative modelling and achieving social acceptance of new technologies for flood risk management. Some limitations for stakeholder engagement were identified and are discussed in the present paper

Too Good for Your Job? Disentangling the Relationships Between Objective Overqualification, Perceived Overqualification, and Job Dissatisfaction

In the present study, we investigated the relationships between objective overqualification, perceived overqualification, and job satisfaction based on the tenets of P-E fit theory, a commonly-used theoretical framework in the overqualification literature. Specifically, we tested whether employee perceptions of overqualification mediate the relationship between objective overqualification and job dissatisfaction. Results across two studies indicated that objective overqualification and job satisfaction independently predicted perceived overqualification, which contradicts the prevailing view in the literature of unidirectional effects between overqualification and strain outcomes. Study 1 used a cross-sectional survey of recent college graduates to test the overall mediation model. Although the model was supported, the relationship between objective overqualification and job satisfaction was not significant, raising the question of whether the hypothesized predictive relationship between perceived overqualification and job satisfaction is reversed. Study 2 tested directionality in the relationship between perceived overqualification and job satisfaction using a three-wave longitudinal panel design in a sample of full-time university staff employees. Results indicated that job dissatisfaction predicts subsequent perceived overqualification rather than the reverse

Assessment of Chimpanzee Nests Detectability on Drone-Acquired Images

As with other species of great apes, chimpanzee numbers have declined during the past decades. Proper conservation of the remaining chimpanzees requires accurate and frequent data on their distribution and density. In Tanzania, 75% of the chimpanzees live at low densities on land outside national parks and little is known about their distribution, density, behavior or ecology. Given the sheer scale of chimpanzee distribution across western Tanzania (>20,000 km2), we need new methods that are time and cost efficient while providing precise and accurate data across broad spatial scales. Scientists have recently demonstrated the usefulness of drones to detect wildlife, including apes. Whilst direct observation of chimpanzees is unlikely given their elusiveness, we investigated the potential of drones to detect chimpanzee nests in the Issa valley, western Tanzania. Between 2015 and 2016, we tested and compared the capabilities of two fixed-wing drones. We surveyed twenty-two plots (50x500m) in gallery forests and miombo woodlands to compare nest observations from the ground with those from the air. We performed mixed-effects logistic regression models to evaluate the impact of image resolution, seasonality, vegetation type, nest height and color on nest detectability. An average of 10% of the nests spotted from the ground were detected from the air. From the factors tested, only image resolution significantly influenced nest detectability on drone-acquired images. We discuss the potential, but also the limitations of this technology for determining chimpanzee distribution and density and provide guidance for future investigation on the use of drones for ape population surveys. Combining traditional and novel technological methods of surveying allows more accurate collection on animal distribution and habitat connectivity that has important implications for apes conservation in an increasingly anthropogenically disturbed landscape

Disclosing physician ratings: performance effects and the difficulty of altering rating consensus

I examine effects of a health care system's policy to publicly disclose patient ratings of its physicians. I find evidence that this policy leads to performance improvement by the disclosed, subjective ratings and also by undisclosed, objective measures of quality. These effects are consistent with multitasking theory, in that physicians respond to the disclosure by providing more of a shared input—time with patients—that benefits performance by ratings and underlying quality. I also find, as predicted by information cascade theory, that the ratings become jammed to some degree near initially disclosed values. Specifically, raters observe the pattern of initial ratings and follow suit by providing similar ratings. Finally, I find evidence that physicians anticipate rating jamming and so concentrate their effort on earlier performance in order to set a pattern of high ratings that later ratings follow. These results demonstrate that the disclosure of subjective ratings can benefit performance broadly but can also shift effort toward earlier performance

The diverse nature of island isolation and its effect on land bridge insular faunas

Aim: Isolation is a key factor in island biology. It is usually defined as the distance to the geographically nearest mainland, but many other definitions exist. We explored how testing different isolation indices affects the inference of impacts of isolation on faunal characteristics. We focused on land bridge islands and compared the relationships of many spatial and temporal (i.e., through time) isolation indices with community‐, population‐ and individual‐level characteristics (species richness, population density and body size, respectively). Location: Aegean Sea islands, Greece. Time period: Current. Taxon: Many animal taxa. Methods: We estimated 21 isolation indices for 205 islands and recorded species richness data for 15 taxa (invertebrates and vertebrates). We obtained body size data for seven lizard species and population density data for three. We explored how well indices predict each characteristic, in each taxon, by conducting a series of ordinary least squares regressions (controlling for island area when needed) and a meta‐analysis. Results: Isolation was significantly (and negatively) associated with species richness in 10 of 15 taxa. It was significantly (and positively) associated with body size in only one of seven species and was not associated with population density. The effect of isolation on species richness was much weaker than that of island area, regardless of the index tested. Spatial indices generally out‐performed temporal indices, and indices directly related to the mainland out‐performed those related mainly to neighbouring islands. No index was universally superior to others, including the distance to the geographically nearest mainland. Main conclusions: The choice of index can alter our perception of the impacts of isolation on biological patterns. The nearly automatic, ubiquitous use of distance to the geographically nearest mainland misrepresents the complexity of the effects of isolation. We recommend the simultaneous testing of several indices that represent different aspects of isolation, in order to produce more constructive and thorough investigations and avoid imprecise inference