Index

Pages371-391
AuthorDavis M. Walsh,Samuel L. Tarry
A
absent plaintiffs, 285
acronyms commonly used in
medical records, 217
actions in MDL, 268
acute idiopathic pulmonary
hemorrhage (AIPH), 37
ADA. See Americans with
Disabilities Act (ADA)
adequacy of representation, in Rule
23(a), 289–290
AIDS
epidemic, 5, 31–32, 33
insurance coverage, 193
airborne pathogens, 3
all-purpose jurisdiction, 236–239
American Law Institute, 52, 163
American National Standards
Institute (ANSI), 86–87
American Society for Microbiology, 7
Americans with Disabilities Act
(ADA), 122, 138–142
COVID-19 protocols, 138–140
disability discrimination,
140–142
employment disability
lawsuits, 138
failure to accommodate, 142
analogy, in Hill’s nine criteria, 43
analytic epidemiology, 28–29
analytical microbiology methods in
epidemiological
investigations, 15–18
classical culture-based
biochemical techniques,
15–16
MALDI-TOF MS, 5, 17
PFGE, 5, 16–17
plasmid-based analyses, 16
plasmid typing, 5, 16
stereotyping, 16
WGS, 5, 17–18
animal magnetism, 24
animals
antimicrobial resistance in, 11
ferae naturae defense and, 90
microorganisms in, 2, 6, 7
ANSI (American National
Standards Institute), 86–87
antibiotics
development of, 4–5
microbial survival/growth
and, 9
resistance to, 11–12
antimicrobial resistance, 11–12
aquatic environments,
microorganisms in, 2, 6
archaea, 1, 6
Index
371
Tarry_IDX.indd 371 27/01/21 4:24 PM
ascertainability, in Rule 23(a),
290–291
awards of punitive damages
amount of, statutory and
constitutional limitations on,
319–321
application of, 309–319
concealing an outbreak,
313–314
harm, trying to mitigate,
315–317
ignoring an outbreak, 314–315
prior incidents or warnings,
310–312
reprehensible conduct, 317–319
B
Bacillus tetani, 8
bacteria
antibiotic-resistant, 11–12
in classication of
microorganisms, 6
in discovery planning, 200
in epidemiological investigations,
15–18
in history of microbiology, 4–5
in microbial world, 1
insurance coverage
civil authority coverage, 184
exclusions, 191–192
products liability and, 51, 76
survival, growth, and transport
of, 9–11
waterborne, 14
bacterial diseases
acronyms for commonly used, in
medical records, 217
food outbreaks, 96, 99–100, 105
in medical chronology, 221
negligence and, 83, 84
NIED claim and, 89
outbreaks
class actions and, 301–302
reprehensible conduct and,
317–319
pneumonias, 14
premises liability and, 79, 83, 84,
86–87
protocols for preventing
outbreaks, 91
transmission of, 3, 11
travel-related infection compared
to, 84
treatments for, development
of, 4
bacterial subtyping, 16
bellwether trials, 282–283, 328
bias, 34–38
bifurcation, 322–323
bioinformatics, 5
biological gradient, in Hill’s nine
criteria, 42
biotechnology applications, 2
bodily injury exclusion, 188
burden of proof, in establishing
personal jurisdiction,
258–259
business associate, 225, 227–228
Business Associates
Agreement, 228
business closings. See mass layoffs
and business closings
Business Interruption insurance,
180–181, 193–197
business operations during
outbreaks, limits on,
152–153
C
CAFA. See Class Action
Fairness Act
case-control studies, 29
case-linked jurisdiction, 236–239
case management in MDL,
initial, 274
committees of counsel, 274
lead counsel, 274
liaison counsel, 274
cases at jury trials, consolidation of,
326–328
372 Infectious Disease Litigation
Tarry_IDX.indd 372 27/01/21 4:24 PM

Get this document and AI-powered insights with a free trial of vLex and Vincent AI

Get Started for Free

Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant

  • Access comprehensive legal content with no limitations across vLex's unparalleled global legal database

  • Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength

  • Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities

  • Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting

vLex

Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant

  • Access comprehensive legal content with no limitations across vLex's unparalleled global legal database

  • Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength

  • Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities

  • Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting

vLex

Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant

  • Access comprehensive legal content with no limitations across vLex's unparalleled global legal database

  • Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength

  • Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities

  • Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting

vLex

Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant

  • Access comprehensive legal content with no limitations across vLex's unparalleled global legal database

  • Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength

  • Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities

  • Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting

vLex

Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant

  • Access comprehensive legal content with no limitations across vLex's unparalleled global legal database

  • Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength

  • Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities

  • Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting

vLex

Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant

  • Access comprehensive legal content with no limitations across vLex's unparalleled global legal database

  • Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength

  • Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities

  • Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting

vLex