Lawyers / Professionals

Joseph P. McMenamin

Publications

• Life Sciences
  • "Council of Europe Aims to Hold Medical Device Companies Accountable for Counterfeit Products," McGuireWoods Life Sciences Industry News (January 12, 2011)
  • "FDA to Scrutinize Safety and Effectiveness of Certain Old Medical Devices," McGuireWoods Life Sciences Industry News (April 22, 2009)
  • "FDA to Study the Effectiveness of Drug Labeling As a Means to Communicate Risk," McGuireWoods Life Sciences Industry News (March 26, 2007)
  • "FDA Releases Draft Guidance on Dissemination of Off-Label Journal Articles," McGuireWoods Life Sciences Industry News (March 4, 2008)
  • "Amendments to Labeling: Implications for Preemption Defense" (with Deborah M. Russell), Food and Drug Law, American Health Lawyers Weekly (January 25, 2008); reprinted in Linex Legal - Product Liability Law Highlights (February 21, 2008)
  • "Behind the Counter Drugs," McGuireWoods Life Sciences Industry News (January 14, 2008)
  • "Federal Court Rejects Class Treatment of State-Law Medical Monitoring Claims Involving Alleged Increased Risk of Injury From a Prescription Drug," McGuireWoods Life Sciences Industry News (January 8, 2008)
  • "Warning Labels on Sedative-Hypnotic Drugs," McGuireWoods Life Sciences Industry News (March 19, 2007)
  • "FDA’s Notice of Proposed Rule-Making on Use of Materials Derived from Cattle and Medical Products Intended for Use in Humans," McGuireWoods Life Sciences Industry News (January 29, 2007)
  • Russell, D.M. and McMenamin, J.P., "The IOM Urges More Money and Power for FDA," IADC Drug, Device & Biotech Newsletter (October 2006)
  • "Gardasil Update," McGuireWoods Life Sciences Industry News (February 5, 2007)
  • "FDA’s Notice of Proposed Rule-Making on Use of Materials Derived from Cattle and Medical Products Intended for Use in Humans," McGuireWoods Life Sciences Industry News (January 29, 2007)
  • Russell, D.M. and McMenamin, J.P., "The IOM Urges More Money and Power for FDA," IADC Drug, Device & Biotech Newsletter (October 2006)
  • "Federal Court Excludes From U.S. Products Liability Trial 'Causality Assessments' Prepared Under European Regulatory Law," McGuireWoods Pharmaceutical, Medical Device & Biotechnology News (June 18, 2006)
  • "Coated Stents," McGuireWoods Pharmaceutical, Medical Device & Biotechnology News (December 11, 2006)
  • "Attacking the Learned Intermediary Defense with Evidence of the Behavior of the Manufacturer's Representative," McGuireWoods Pharmaceutical, Medical Device & Biotechnology News (November 20, 2006)
  • "DEA Policy Statement Appears Calculated to Allay Physician and Manufacturer Misgivings About Agency's Goals and Methods," McGuireWoods Pharmaceutical, Medical Device & Biotechnology News (October 9, 2006)
  • McMenamin, J. P. and Brown, Brickford Y., "PPA: What's on the Horizon?" Update, Food & Drug Law, Regulation, and Education, 22 (March/April 2001)
  • McMenamin, J.P. and Walters, Karen A.D., "Direct-to-Consumer Advertising of Prescription Drugs in the Wake of Perez," 6 FDLI Update 4 (December 1999)
  • McMenamin, J.P., Tarry, S.L., Jr. and Whelan, D.J., "How Perez v. Wyeth Laboratories Will Affect Direct-to-Consumer Drug Advertising" 18 (5) Leader Publications 7 (November 1999)
  • McMenamin, J.P., Tarry, S.L., Jr. and Whelan, Dennis J., "Pulling the Net From Beneath Consumer-Directed Advertising," 18 (4) Leader Publications 1 (October 1999)
  • McMenamin, J. P. and Tarry, Samuel L., "Early Returns From the FDA's 'Guidance For Industry': Consumer-Directed Broadcast Advertisements" 4(9) Regulatory Affairs Focus 11 (September 1999)
  • "Does Product Liability Litigation Threaten Picture Archiving and Communication Systems and/or Telemedicine?" 11 (1) J. Dig. Imaging 21-32 (1998)
  • "Product Liability Ahead," Legal Times at S34 (March 10, 1997)
• Physicians and Pharmaceutical Companies
  • "PhRMA Code on Interactions with Healthcare Professionals," McGuireWoods Life Sciences Industry News (7/28/2008)
  • "Federal Court Strikes Down New Hampshire’s Ban on Data Mining," McGuireWoods Life Sciences Industry News (May 7, 2007)
  • "Physicians and Pharmaceutical Companies," McGuireWoods Life Sciences Industry News (4/2/2007)
• Health Law
  • “When Inpatient Boards in ED, Who is Responsible?” 22 (1) ED Legal Letter 4-9 (2011)
  • McMenamin, J.P., Fitzsimons, D.G., and Damerow, A.M., “The Attack Incapacity Suit,” Probate & Property (Nov./Dec. 2010)
  • "MMSEA Section 111 Update," McGuireWoods News (February 18, 2010)
  • McMenamin, J.P., Schanz, S.J., and Storey, D.D., "Regulatory Perspectives on Telephone-Based Cross-Coverage: Principles for Decision-makers," Telehealth Reports, February, 2009
  • "Impact of Medicare Secondary Payer Law on Employment and Other Claims," WorkCite (February 4, 2010)
  • Weiss, G.G., "Young Patients," Medical Economics 23-28 (February 1, 2008) [interview]
  • "Issues and Answers: The Liability Exposure of Medical Matchmakers," 1 (6) Medical Travel Today (2007)
  • "Special Patients," Legal Medicine (September, 2007)
  • "Issues and Answers: Medical Tourism and legal liability," Medical Travel Today (2007)
  • "Children as Patients," and "Child Abuse," (Book Chapters) in Textbook of Legal Medicine, Seventh Ed., American College of Legal Medicine, C.V. Mosby Co. (2007)
  • " McMenamin, J.P., Kastelberg, E.L. and Taylor, K., "Children as Patients," (Book Chapter) in Textbook of Legal Medicine, Sixth Ed., American College of Legal Medicine, C.V. Mosby Co. (2004)
  • McMenamin, J. P. and Scoggins, Gregg A., "Civil Medicare/Medicaid Liability," 4(3) Virginia Medical News 9 (March 2001)
  • McMenamin, J.P. and Buckel, J.C., "Children as Patients" (Book Chapter), in Textbook of Legal Medicine, American College of Legal Medicine, C.V. Mosby Co., 5th ed. (2001)
  • "Children As Patients" (Book Chapter) Hirsch, H. L., ed., Textbook of Legal Medicine, American College of Legal Medicine, C. V. Mosby Co., 4th ed. (1998)
  • McMenamin, J. P. and Michael, Karen Iezzi, "National Practitioner Data Bank" (Book Chapter) in Emergency Medicine Risk Management, 2nd ed., Gregory L. Henry, M.D., and Daniel J. Sullivan, M.D., eds., American College of Emergency Physicians (1997)
  • "The Virginia Practitioner Self-Referral Act," 123 Va. Med. Q. 129-130 (1996)
  • McMenamin, J. P. and Bigley, G.L., "Children as Patients" (Book Chapter) Textbook of Legal Medicine, American College of Legal Medicine, C. V. Mosby Co., 3d ed. (1995)
  • “Final Safe Harbor Regulations Released," 114 (3) Reciprocal News 7 (1992)
  • "National Practitioner Data Bank," (Book Chapter) in Emergency Medicine Risk Management: A Comprehensive Review, American College of Emergency Physicians (1991)
  • "Children As Patients" (Book Chapter) in Hirsh, H.L., ed., Textbook of Legal Medicine, American College of Legal Medicine, C. V. Mosby Co., 2d ed. (1991)
  • McMenamin, J. P. and Bisbing, S.B., "Capacity and Competence" (Book Chapter) Hirsh, H.L., ed., Textbook of Legal Medicine, ACLM, C. V. Mosby Co., 1988, 2d ed. (1991)
  • McMenamin, J. P., Smith, J.T. and Bishing, S.B., "Capacity and Competence" (Book Chapter) Hirsh, H.L., ed., Textbook of Legal Medicine, American College of Legal Medicine, C. V. Mosby Co. (1988)
  • "Children As Patients" (Book Chapter) in Hirsh, H.L., ed., Textbook of Legal Medicine, American College of Legal Medicine, C. V. Mosby Co. (1988)
  • "Fluoridation of Water: The Tempest in the Teapot," 3 Va. State Bar Health Section Newsletter 3 (June 1987)
  • McMenamin, J. P., Richardson, D. and Rosoff, A., "Referral Practices and Health Care Costs: The Dilemma of High Risk Obstetrics," 6 J. Leg. Med. 427 (1985)
• Pandemic Flu
  • "Swine flu scare raises legal issues," 23 (48) Virginia Lawyers Weekly (May 4, 2009)
  • “Pandemic Influenza: Is There a Corporate Duty to Prepare?,” 64 (1) J. Food & Drug L. 69-100 (2009)
  • "The Microbiological Threat to Food and Agricultural Institutions: Advanced Pandemic Planning for Executive," McMenamin, J. P. and Phelps, R., Executive Roundtable Series: Advanced Pandemic Planning for Food and Agricultural Leaders (February 26, 2008)
  • "The Microbiological Threat to the National Power Grid: Advanced Pandemic Planning for Utilities Executives," Phelps, R., McMenamin, J. P., and Kieffer, K., Executive Roundtable Series: Advanced Pandemic Planning for the Energy Sector (July 11-12, 2007)
  • "The Microbiological Threat to Financial Institutions and the Global Economy: Advanced Pandemic Planning for Executives," Phelps, R., McMenamin, J. P., and Kieffer, K., Executive Roundtable Series: Advanced Pandemic Planning for Financial Leaders (August 10, 2007)
  • Menges, C. and McMenamin, J.P., "Pandemics: The Legal Issue for the Hospitality Industry," 2 (11) Hospitality.com Monthly Newsletter (Nov. 2006)
  • Cataldo, A., McMenamin, J.P., Horton, H. and Henry, L., Report: "The Perfect Storm of Human Avian Influenza, Just-in-Time Delivery and Globalization," Information Management Forum (February 22, 2006)
• Websites; e-Health; Telehealth
  • “Telemedicine Credentialing: It's Time for Technology,” mHIMSS, December 2, 2011
  • "mHealth Interoperability: What are Potential Legal Implications for Physician Adopters?" iMedicalApps.com, August 24, 2011
  • “For physicians, does using a smartphone increase your exposure to malpractice claims?” iMedicalApps.com, May 26, 2011
  • “Risks and Benefits of Using Social Media,” Disaster Recovery Journal, (Summer 2010 )
  • "Online Pharma Marketing: Lack of Clear Rules Compels Caution on the Web ," Washington Legal Foundation, Contemporary Legal Notes Series, No. 59 (June 2008); reprinted by McGuireWoods LLP .
  • "The Interoperable Electronic Health Record: Preserving its Promise by Recognizing and Limiting Physician Liability," 63(1), Food and Drug Law Journal, p. 75-87 (2008)
  • "Computers and the Internet" (Book Chapter) in L'Abate, L., ed., Low-Cost Approaches to Promote Physical and Mental Health, Springer (2007).
  • Maheu, M., Pulier, M., Wilhelm, F., McMenamin, J., and Brown-Connolly, N., The Mental Health Professional and the New Technologies: A Handbook for Practice Today, Mahwah, NJ: Lawrence Erlbaum Associates (2005)
  • Maheu, M., McMenamin, J., "Successful Web Site Construction and Management: Harnessing the Skill and Enthusiasms of Volunteers," in Understanding Health Communication Technologies, Whitten, P., Cook, D., eds., Josey-Bass (2004) (book chapter)
  • McMenamin, J.P., "The Legal Risks of Maintaining a Website: Take Reasonable Precautions to Minimize Exposure," 1 (1) Virginia Medical Law Report (April 2004)
  • "Recent Developments in Medicine and Law: Regulation of Online Pharmacies and Telemedicine Prescriptions," Tort Trial & Insurance Law Journal, Winter Edition (2004)
  • McMenamin, J.P., "Risks of E-Health," in Callens, S. (ed.), E-Health and the Law, Kluwer Law International (2003)
  • McMenamin, J.P., "The Draft International Convention on Telemedicine and Telehealth," Update Magazine (July/August 2002)
  • McMenamin, J.P., "Net Worth - Should the Internet be Used to Evaluate Physician Performance?" Medical Crossfire (June 15, 2002)
  • "Consultations in Cyberspace? Pros and Cons of On-Line Care," 3(5) Medical Crossfire 56 (May 15, 2001)
  • McMenamin, J.P. and Sonne, James A., "Legal Pitfalls In Posting Human Resources Information on the 'Net," HealthLeaders.com (February 2001)
  • "The Draft International Convention on Telemedicine and Telehealth," 1 (2) Telehealth Law 1 (December 2000)
  • "Looking at the Legal Risks of Healthcare-related Websites," Health Leaders Comment (December 14, 2000)
  • "What is the Impact of the Internet on the Physician-Patient Relationship?" 2 (7) Medical Crossfire 42 (July 2000)
  • "International Telemedicine Treaty on Horizon?" 4 (3) Telemedlaw 5 (August 1999)
  • "International Bar Association Presents Telemedicine Program for New Delhi," 5 (1) Medicial Society of Virginia News 23 (February/March 1998)
  • "Telemedicine: Technology and the Law," 39 (7) For the Defense 10 (July 1997)
  • "Telemedicine and the Law: Telemedicine and Liability Issues," 3 (7) M.D. News 4 (July 1997)
  • "Telemedicine and Licensure, Part II," 3 (6) M.D. News 15 (June 1999)
  • "Promises and Pitfalls: An Introduction to Telemedicine," 3 (5) M.D. News 17 (May 1997)
  • "Telemedicine and the Law," 123 Va. Med. Q. 184-187 (1996); reprinted in 21 International Legal Practitioner 126 (1996)
• Insurance Coverage and Risk Management
  • McMenamin, J.P., "Alternatives to Commercial Insurance: Consider Coverage Tailored to Specific Needs," 14 (6) RAMifications 22-24 (December 2003)
  • McMenamin, J.P., "Malpractice Litigation: A Disorder of Multifactorial Etiology?" 14 (6) RAMifications 8-10 (December 2003)
  • McMenamin, J. P. and Randolph, K.C., "High Court Reaffirms Medical Malpractice Cap; Recognizes Unlicensed Healthcare Providers; and Subjects Prejudgment Interest to the Cap Limit" 11 (1) J. Civil Litigation 19 (Spring 1999)
  • "The Pulliam Challenge to Virginia's Cap: The Defendant's Perspective," 15 (1) VSB Health Law News 22 (December 1998)
  • McMenamin, J. P. and Scoggins, Gregg A., "Developing a Compliance Program to Identify and Prevent Inaccurate or Improper Medicare Billing Practices: Part II 'An Ounce of Prevention'" 125 Va. Med. Quarterly 12 (1998)
  • McMenamin, J. P. and Bigley, G.L., "Virginia's Birth-Related Neurological Injury Compensation Act: $54.5 Million and 7 years later," 121 Va. Med. Q. 110-1 (1994)
  • McMenamin, J. P. and Bigley, G.L., "Update on the VBRNICA", 121 Va. Med. Q. 189 (1994)
  • McMenamin, J.P., "Oath-Sayers," 121 Va. Med. Q. 50 (1994)
• Obesity
  • "Nutritional Information on Menus: Two Different Legislative Approaches," McGuireWoods Obesity Litigation & Legislative Update (6/11/2008)
  • "Proposed International Code on Marketing of Food and Non-Alcoholic Beverages to Children," McGuireWoods Obesity Litigation & Legislative Update (5/27/2008); reprinted in Lexology (May 27, 2008)
  • "San Francisco Chain Restaurants to Post Nutritional Information on Menus," McGuireWoods Obesity Litigation & Legislative Update (4/29/2008)
  • "An Unconventional Proposal in Mississippi," McGuireWoods Obesity Litigation & Legislative Update (4/1/2008)
  • "Bill Intended to Increase Produce Sales in New York City Neighborhoods," McGuireWoods Obesity Litigation & Legislative Update (3/18/2008)
  • "Oklahoma Schools to Increase Physical Activity in Schools," McGuireWoods Obesity Litigation & Legislative Update (3/4/2008)
  • "Genetic Influences on Obesity," McGuireWoods Obesity Litigation & Legislative Update (2/19/2008)
  • "Food From Cloned Animals: The Controversy Continues," McGuireWoods Obesity Litigation & Legislative Update (2/5/2008)
  • "Obesity Rates in the Unites States," McGuireWoods Obesity Litigation & Legislative Update (1/22/2008)
  • "Cloned Foods," McGuireWoods Obesity Litigation & Legislative Update (1/8/2008); reprinted in Lexology (January 14, 2008)
  • "Posting of Calorie Content Information," McGuireWoods Obesity Litigation & Legislative Update (9/18/2007)
  • "Medical Management of Obesity," McGuireWoods Obesity Litigation & Legislative Update (9/5/2007)
  • "Obesity in School Children: The Phys Ed Connection," McGuireWoods Obesity Litigation & Legislative Update(8/22/2007)
  • "Daubert Lives: Ephedra Expert’s Causation Opinions Excluded," McGuireWoods Obesity Litigation & Legislative Update (July 17, 2006)
  • "Industry Challenges Municipal Calorie Count Regulation," McGuireWoods Obesity Litigation & Legislative Update (June 26, 2006)
  • "McDonald’s Revisited," McGuireWoods Obesity Litigation & Legislative Update (June 12, 2006)
  • "CSPI Attacks Burger King," McGuireWoods Obesity Litigation & Legislative Update (May 29, 2006)
  • "Hoyte v. Yum! Brands, Inc.: Legal Misrepresentation," McGuireWoods Obesity Litigation & Legislative Update (May 15, 2006)
  • "Competitive Foods," McGuireWoods Obesity Litigation & Legislative Update (May 1, 2006)
  • "FTC Issues Compulsory Process Orders," McGuireWoods Obesity Litigation & Legislative Update (April 20, 2006)
  • "Suggested Daily Cholesterol Intake," McGuireWoods Obesity Litigation & Legislative Update (April 17, 2006)
  • "Developing Products for Weight Management," McGuireWoods Life Sciences Industry News (March 5, 2007)
  • "Virginia's CHAMPION Plan," McGuireWoods Obesity Litigation & Legislative Update (January 9, 2006)
  • "Dairy Diet Case Thrown Out," McGuireWoods Obesity Litigation & Legislative Update (December 27, 2006)
  • "How Much Weight Should We Give to BMI?" McGuireWoods Obesity Litigation & Legislative Update (December 12, 2006)
  • Joseph P. McMenamin and Andrea D. Tiglio, "Not the Next Tobacco: Defenses to Obesity Claims," 61 Food and Drug Law Journal 445-518 (2006)
• Draft Treaties
  • "Draft International Convention on Telemedicine and Telehealth," Contributor, International Bar Association (IBA), Section on Legal Practice Committee 2 (Law and Medicine) (July 2, 1999)
  • "Draft International Convention on the Human Genome," Contributor, International Bar Association (IBA), Bioethics Subcommittee of the Medicine and the Law Committee (Committee 2) (October 1996)
• Book Review
  • "Doctors and the Law: Defendants and Expert Witnesses," 120 Va. Med. Q 172 (1993)
• Publication Review
  • “mHealth Data Security: The Need for HIPAA-Compliant Standardization,” Telemedicine and e-Health, 8/30/2011
  • “Defensive Medicine, Unconcious Bias, and Health Disparities” Clinical Orthopaedics and Related Research