Personal Injury Law
Bodily Injury Blog 
Post Frequency: 7.4/day Last Entry: November 20, 2009 at 16:51:36 Recent Entries: 914
By Edward ("Ted") Bills
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Cintas Suit Heads to Settlement Meeting
Posted on November 20, 2009Cintas Corp and the widow of a former employee must enter into settlement talks in a wrongful death suit, a federal judge has ordered. The lawsuit alleges that plant managers for the uniform supplier likely endorsed dangerous practice that led to the 2007 death of Eleazar Torres-Gomez...
Damages Awarded to Man Injured by Tree Limb
Posted on November 20, 2009A jury has awarded nearly $6 million to a New Jersey man who was severely injured when a tree limb fell on his family?s car. According to the lawsuit, the state was negligent for failing to maintain the tree which stood along a state highway. The plaintiff was permanently injured in the accident and can [...
City Negligent for Lifeguard Death, Family Claims
Posted on November 20, 2009A California city was negligent in the death of an 11-year-old participating in a junior lifeguard program, according to a claim filed by the girl?s family. Alyssa Squirrell died after being hit by a boat operated by Huntington Beach lifeguard Lt. Greg Crow during a routine training exercise...
Jury Awards Record Damages in Smoker Lawsuit
Posted on November 20, 2009A jury awarded more than $300 million in damages Thursday to an ex-smoker who is now confined to a wheelchair because of emphysema. In the verdict, the Florida jury ordered Philip Morris to pay Cindy Naugle, 61, $56.6 million in damages for medical expenses and $244 million in punitive damages...
Factory Explosion Spurs Lawsuit
Posted on November 19, 2009Attorneys have filed a lawsuit on behalf of Massachusetts residents who suffered property damage in a 2006 chemical explosion. According to the lawsuit, Kentucky-based Ashland Inc. delivered highly volatile and unlicensed chemicals that set off the pre-dawn blast at a Danvers factory nearly three years ago...
AG Seeks Dismissal of Surgical Sponge Suit
Posted on November 19, 2009The Texas Attorney General?s Office has asked the state supreme court to dismiss a lawsuit over a surgical sponge discovered in a patient more than 10 years after surgery. In a brief submitted Tuesday, the state solicitor general urged the high court to uphold a 10-year statute of limitations on filing medical malpractice cases...
Judge Supports Sending Seroquel Cases to Trial
Posted on November 19, 2009A judge said Wednesday that she will support sending as many as 6,000 lawsuits over the antipsychotic drug Seroquel back to their courts of origin for possible trials, according to Bloomberg News. Plaintiffs in the cases allege that Seroquel causes diabetes...
Jury Awards Damages to Woman Struck by Bus
Posted on November 19, 2009A Virginia jury on Wednesday awarded $8 million in damages to woman who suffered severe injuries when she was struck by a transit bus two years ago. After deliberating for about an hour, jurors found that the GRTC Transit System was liable for the full amount sought by the plaintiff, Meikiu Lo, according to the [...
Study Casts Further Doubts on Zetia and Vytorin
Posted on November 18, 2009A new study is casting added doubt on the effectiveness of the embattled blockbuster cholesterol drugs Zetia and Vytorin, reports USA today. In a report presented Monday, researchers concluded that the vitamin niacin was significantly more effective in reducing artery plaque than Zetia or Vytorin...
Study Warns of Lead in Red Wine Vinegars
Posted on November 18, 2009A new analysis has concluded that children who regularly eat balsamic and other red wine vinegars may be at risk for dangerous lead-related health problems. The study conducted by Environmental Health News says that daily consumption of some vinegars can raise lead levels by as much as 30 percent in young children...
Jury Awards Damages to Boy Injured by Ford Seatbelt
Posted on November 18, 2009A Tennessee jury has awarded $6.5 million to a 6-year-old boy who was severely injured in a 2002 car crash. In the verdict, jurors found that Ford Motor Co. was negligent for injuries caused by an adult seatbelt installed in a 1995 Mercury Grand Marquis...
Republicans Push ?Loser Pays? Med-Mal Bill
Posted on November 18, 2009Republican lawmakers have proposed a bill that would force plaintiffs who lose medical malpractice lawsuits to pay legal costs for both sides. The bill, introduced by Sens. Saxby Chambliss of Georgia and Lindsey Graham of South Carolina also calls for an arbitration provision for medical malpractice cases...
Nebraska High Court Green Lights Defective Vehicle Suit
Posted on November 18, 2009The Nebraska Supreme Court has cleared the way for a lawsuit arising from injuries suffered by a woman whose family purchased a used automobile from a dealer that failed to inspect it prior to the sale. In the ruling, the high court held that the dealer was obligated to warn consumers about potential defects...
Soldiers Exposed to Toxic Chemicals, Suits Claim
Posted on November 18, 2009Dozens of U.S. soldiers and military contract employees have joined lawsuits that accuse Halliburton and others of exposing them to toxic chemicals in Iraq and Afghanistan. According to the suits, the plaintiffs developed various health problems following exposure to so-called burn pits in which contractors disposed of items ranging from medical waste to batteries...
Jury Awards Damages to Family of Teen Killed in Crash
Posted on November 18, 2009A Virginia jury has ordered the owners and driver of a tractor-trailer to pay more than $5 million to the family of a 16-year-old girl who was killed in a 2008 auto crash. Following a two-day trial, jurors found that Don B. Swisher Trucking Corp. and McCann Delivery Service were negligent for failing to properly [...
Insurer Seeks Protection from Windstorm Claims
Posted on November 18, 2009The Texas Windstorm Insurance Association has filed motions seeking immunity from lawsuits stemming from its handling of claims in the wake of Gulf Coast hurricanes, the Houston Chronicle reports. The state-created insurer argues that its semi-governmental status protects it from some types of liability...
Study Links Insurance Coverage to Hospital Survival Rate
Posted on November 18, 2009A new study has concluded that uninsured patients who visit emergency rooms with traumatic injuries were more likely to die than their insured counterparts. According to the study, conducted by researchers at Harvard University, uninsured patients were 80 percent more likely to die from injuries sustained in car crashes, falls or in gun-related incidents than [...
Jury Finds Doctor Negligent for Improper Surgery
Posted on November 18, 2009A jury has awarded $2.4 million to a woman who developed permanent complications after undergoing bowel surgery. In the verdict, jurors found that Dr. Zahid M. Cohan ordered an improper surgery after Suzette R. Carlin visited the Olean General Hospital emergency room in 1998...
Court Delays Wrongful Death Suit Against Nursing Home
Posted on November 18, 2009An Oregon court has delayed until 2010 a lawsuit that accuses a nursing home of neglect and wrongful death. In the lawsuit, Barbara Dickerson claims that her mother lost the ability to walk, suffered significant weight loss, developed a severe pressure ulcer and contacted pneumonia within 49 days of entering the Evergreen Milton-Freewater Health and [...
Feds in Talks With Toyota Over Acceleration Problems
Posted on November 18, 2009The National Highway Safety Administration announced Tuesday that it is in talks with Toyota Motor Corp. over how to fix sudden acceleration problems that triggered the recall of more than 3 million Toyota vehicles, the Detroit Free Press reports. At issue is whether the automaker should focus on defective floor mats, accelerators or other parts [...
Pfizer Studies Misleading, Analysis Concludes
Posted on November 12, 2009Pfizer Inc. may have skewed the results of studies testing possible off-label uses for the epilepsy drug Neurontin, a new analysis of research data has concluded. In the study, published in the New England Journal of Medicine, researches found inconsistencies including reporting positive results in trials that were initially found to be negative, and the [...
Water Park Negligent in Drowning Death, Lawsuit Claims
Posted on November 12, 2009An Ohio water park was negligent in the drowning death of a 3-year-old boy earlier this year, a lawsuit filed by the boy?s family claims. The lawsuit claims that Kalahari water park failed to ensure that the child was wearing a life vest and that park failed to provide adequate lifeguards at the time of [...
Lockheed Used Defect Parts on Jets, Whistleblower Claims
Posted on November 12, 2009Lockheed Martin Corp. knowingly used substandard equipment to build F-22 Raptor stealth jets, according to a whistleblower lawsuit filed by a former engineer for the defense contractor. In the lawsuit, Darrol Olsen claims he was fired after complaining to supervisors that the company used defective stealth coatings on jets built between September 1995 and June [...
Jury Finds Company Liable for Worker?s Lung Disease
Posted on November 12, 2009A jury has ordered Mississippi Valley Silica Co. to pay $7.6 million to former sandblaster who developed an incurable lung disease. According to the lawsuit, the company knew that the use of its sand in abrasive blasting could cause silicosis. The company is expected to appeal the verdict.
Finger Amputations Prompt Stroller Recall
Posted on November 11, 2009A Connecticut-bases stroller manufacturer announced yesterday that it is recalling about 1 million baby carriages because of a finger amputation risk to children. According to the Consumer Product Safety Commission, Maclaren USA Inc. had received at least 12 reports injuries resulting in amputation during the past decade from children placing their fingers in the side [...
Injured Worker Can Seek Higher Damages, Judge Rules
Posted on November 11, 2009A Tennessee judge has ruled that a GM employee may be able to recover more damages in a workers? compensation case because of the automaker?s restructuring since bankruptcy. At issue is a state law that caps damages in workers? compensation cases. The court held that because GM is essentially a new company, the damage cap [...
Report Says Psychiatrist Has History of Overmedicating Patients
Posted on November 11, 2009An increasing number of patients and their families are accusing an Illinois psychiatrist of overmedicating patients with powerful antipsychotic drugs, according to the Chicago Tribune. Medicaid records show that in 2007 Dr. Michael Reinstein wrote more prescriptions for the drug clozapine than the combined number written by all doctors in Texas...
FDA to Take on Medication Errors
Posted on November 05, 2009Federal health regulators have announced that they are undertaking efforts to reduce the number of deaths and serious injuries caused by drug dosage errors, according to the Los Angeles Times. The Food and Drug Administration plan, called the Safe Use Initiative, aims to identify drugs and circumstance that commonly result in misuse of medication...
Highway Agency Disputes Toyota Recall Statements
Posted on November 05, 2009The National Highway Traffic Safety Administration on Wednesday slammed Toyota Motor Corp. for asserting that 3.8 million recalled vehicles were without defect, the Los Angeles Times reports. In a statement, the agency said that Toyota and Lexus vehicles have design defects in the accelerator pedal and the driver’s foot well...
Physician Liability at Center of Michigan High Court Case
Posted on November 05, 2009The Michigan Supreme Court heard arguments Tuesday in a case that questions the liability of medical professionals for their patients? actions. At issue is whether the estate of a doctor killed by a former patient can be held liable for injuries suffered by another patient present during the June 1999 shooting...
Chimp Attack Victim to Seek Damages from State
Posted on November 05, 2009The victim of a widely publicized chimpanzee attack earlier this year will seek $150 million in damages from the state of Connecticut. According to an attorney for Charla Nash and her family, state environmental officials failed to secure an animal they knew to be a threat to the public...
Judge May Consider Loss of Consortium Damages
Posted on November 04, 2009A federal judge has indicated that he may shift course on a ruling in which he denied punitive damages to the mothers of two women who were allegedly killed by FBI informants, according to the Boston Globe. In an order issued Monday, US District Judge William G...
Government Settles Detainee Suit
Posted on November 04, 2009The U.S. government has agreed to pay $1.2 million to settle claims by five immigrants who were detained for months after the Sept. 11, 2001 terrorist attacks, the New York Times reports. According to the lawsuit, the Muslim immigrants were rounded up and abused by guards at the Metropolitan Detention Center in Brooklyn...
Families Settle Suit Over Fatal Rafting Trip
Posted on November 04, 2009The families of three people killed in a 2006 rafting accident have agreed to settle their lawsuit against the company that hosted the trip. An attorney for the families of John and Elizabeth Rizas and Linda Clark had argued that Grand Teton Lodge Co...
Multiple Surgical Errors Prompt Fine
Posted on November 04, 2009Rhode Island health officials have ordered the state?s largest hospital to pay $150,000 and install video monitoring equipment in every operating room following the fifth wrong-site surgery incident since 2007, the Providence Journal reports. The Rhode Island Health Department determined that Rhode Island Hospital had shown an unacceptable pattern of surgical errors, according to one [...
Study Finds BPA in Canned Foods
Posted on November 04, 2009A new study has concluded that a variety of canned foods contain measurable levels of the chemical compound Bisphenol A, commonly known as BPA. According to the report by Consumer Union, a variety of goods labeled as BPA-free still tested positive for the additive...
E. coli Sickens Kids, Families File Suit
Posted on November 04, 2009The families of two children who were sickened by E. coli poisoning have filed lawsuits against meat producers who allegedly supplied tainted hamburger meat. The lawsuits names New York-based Fairbank Farms and Massachusetts-based South Shore Meats. Both cases were filed in Plymouth County Superior Court...
Jury Awards Damages in Lead Paint Case
Posted on November 04, 2009A jury has ordered a nonprofit organization and its president to pay $2.5 million to siblings who were exposed to lead-based paint while living in a Baltimore rowhouse during the early 1990s. In the verdict, jurors found that City Homes Inc. and its president Barry Mankowitz were negligent for misrepresenting the home as “lead safe...
Hospital Group Settles Claims Over Referral Payments
Posted on November 03, 2009A Texas hospital group will pay $27.5 million to resolve claims it ran a kickback scheme to boost referrals to its hospitals, Reuters reports. Universal Health Services subsidiary McAllen Hospitals LP allegedly paid local doctors for referrals in violation of federal law, according to the Justice Department complaint...
Motion Seeks Judgment Against Atlanta Police
Posted on November 03, 2009A federal judge has been asked to sanction the Atlanta Police Department for withholding internal documents during the discovery phase of wrongful death case. The motion, filed by a relative of a 92-year-old woman killed in a 2006 police raid, claims that the department tried to cover up the existence a quota system used for [...
Widow Files Lawsuit Over Fatal Shooting
Posted on November 03, 2009The widow of man killed in a gas station robbery last year has filed a lawsuit against the store?s owners, the Biloxi Sun-Herald reports. Michael David Porter was fatally shot after stopping at the Conoco gas station in Moss Point, Miss. to ask for directions...
OSHA Issues Record Fine Against BP
Posted on November 03, 2009The Occupational Safety and Health Administration has ordered BP to pay $87 million in fines for safety violations at a plant where 15 workers were killed in 2005. The fine stems from the oil giant?s failure to comply with 271 notifications to correct safety problems at the Texas City refinery, federal safety agency documents indicate...
Chinese Drywall Chemically Different, Investigators Say
Posted on October 30, 2009Chinese-made drywall blamed by homeowners for ruining household appliances and causing health problems is chemically different from domestic wallboard, federal investigators have determined. However, investigators stopped short of linking any chemical differences to health problems...
Lawsuit Filed Over Fatal Drunken Driving Crash
Posted on October 30, 2009The family of a man killed in a 2008 drunken driving accident has filed a lawsuit against the driver blamed for the crash, according to the Arizona Daily Star. The driver reportedly admitted to authorities that she had been drinking prior to the crash...
Families Settle Suit Over Dam Breach
Posted on October 30, 2009The owner of the Ka Loko Dam in Hawaii has reached an undisclosed settlement with the families of seven people who died in a 2006 dam breach, the Honolulu Star Bulletin reports. In a separate criminal case, state authorities have accused dam owner James Pflueger of triggering the breach by covering an emergency spillway...
n Ordered to Pay Damages in Water-Death Case
Posted on October 30, 2009Radio Statio A California jury awarded more than $16 million Thursday to the family of a woman who died after participating in a radio station promotion. In the verdict, jurors found that Entercom Sacramento LLC was negligent in the death of Jennifer Lea Strange...
Report finds that approved drugs are often untested
Posted on October 28, 2009Drug makers failed to complete one-third of required studies after drugs were approved by federal regulators, a report released Monday concluded. The finding from the Government Accountability Office is the latest knock against the enforcement power of federal agencies that oversee drug and medical device makers...
Regulators: Batteries Pose In-Flight Fire Risk
Posted on October 28, 2009The growing number of electronic devices carried by passenger onto planes may pose an increased risk of in-flight fires, the New York Times reports. The primary culprits in such fire, federal aviation officials say, are rechargeable lithium batteries used to power devices ranging from cell phones to flash lights...
Car Dealer Bilked Customers, Lawsuit Claims
Posted on October 28, 2009The Florida Attorney General?s Office filed a lawsuit Monday accusing a Pompano Beach used car dealer of defrauding customers and selling useless warranties. According to the lawsuit, Hollywood Auto Gallery and its owner sold cars that broke down soon after they were purchased and refused to issue refunds...
Widow Files Suit Over Fatal Training Exercise
Posted on October 28, 2009A Florida fire department was negligent in the death of a firefighter killed in a 2007 training exercise, a lawsuit filed by his widow claims. In the lawsuit, Kristen Curry alleges that Volusia County Fire Services failed to provide proper equipment, training and instruction to her husband prior to the brush-fire training exercise...
Jury Awards Punitive Damages in Prempro Case
Posted on October 28, 2009A Philadelphia jury on Monday awarded undisclosed punitive damages to an Illinois woman who developed breast cancer after taking the hormone-replacement drug Prempro. The exact amount Pfizer Inc. subsidiary Wyeth was ordered to pay was sealed by the trial judge...
CPSC to Regulate Off-Road Recreational Vehicles
Posted on October 26, 2009The Consumer Product Safety Commission is planning to enact new rules regulating so-called side-by-side off-road recreational vehicles, commonly known as ROVs. The move comes after more than 100 reported deaths and scores of injuries involving the four-wheel vehicles...
Jurors May Be Figuring Damages in Water Death Case
Posted on October 26, 2009A California jury continued deliberations Friday in a wrongful death case involving a woman who died of acute water intoxication after participating in a local radio station promotion, the Sacramento Bee reports. Jurors reportedly asked the judge for a 10-digit adding machine, a request one legal observer said could signal an impending verdict in favor [...
City Negligent in Drowning Death, Family Claims
Posted on October 26, 2009A Rhode Island family has filed a wrongful death claim accusing the city of Providence of negligence in the drowning death of a 9-year-old boy earlier this year, the Providence Journal reports. Jameson Auciel died after he and another child were found floating face down in the McGrane Pool city pool on Aug...
Teens File Suit Over Abuse by Adoptive Parents
Posted on October 26, 2009An Ohio adoption agency was negligent for placing two children with adoptive parents who kept them in cages, a lawsuit filed last week claims. According to the lawsuit, filed by the now 17 and 18-year-old plaintiffs, the Hamilton County Department of Job & Family Services failed to conduct an adequate background check on the couple [...
Fire Hazard Prompts Expanded Robe Recall
Posted on October 24, 2009A Pennsylvania-based company has expanded its recall of women?s robes following the deaths of nine consumers. The robes, manufactured in Pakistan for Blair LLC, were originally recalled in April after the company received reports of the robes catching fire...
Card Companies Settle Suit Over Transaction Fees
Posted on October 24, 2009A federal judge has approved a $336 million class-action settlement in a lawsuit over foreign credit card transaction fees. According to the lawsuit, Visa, MasterCard and other companies conspired to charge cardholders inflated fees for purchases made in non-U...
Jury Awards Damages to Injured Firefighter
Posted on October 24, 2009A jury awarded $12.75 million in damages to a former Seattle firefighter who fell down an unguarded firehouse pole, the Seattle Times reports. According to court papers, Mark Jones suffered severe injuries from the fall after mistakenly walking through the door leading to the fire pole...
Hospital Settles Suit Over Suicide
Posted on October 24, 2009A Florida hospital has agreed to pay an undisclosed sum to settle a lawsuit filed by the husband of a former hospital employee who committed suicide. Robert J. Powell alleged that Englewood Community Hospital did nothing to halt a pervasive pattern of sexual harassment that led to his wife?s suicide...
Diocese Settles Suit by Former Altar Boy
Posted on October 24, 2009A former altar boy will receive $1.2 million as part of settlement with a Catholic diocese in Illinois, the Bellville News Democrat reports. According to the lawsuit, the unidentified plaintiff was sexually abused by former Rev. Raymond Kownacki. An attorney for the plaintiff said the settlement was negotiated last week and the money has been [...
Family Files Suit Over Fatal Police Chase
Posted on October 24, 2009Montana police and sheriff’s deputies were negligent in the death of Billings nurse killed by drunken driver involved in a pursuit with officers, a lawsuit filed by family members claims. According to the lawsuit, law enforcement agencies involved in the chase violated their own pursuit policies...
Bank Defrauded Pension Funds, Suit Says
Posted on October 21, 2009California Attorney General Jerry Brown filed a lawsuit Tuesday accusing a Boston bank of defrauding two of the state?s largest employee pension funds, the Los Angeles Times reports. According to the lawsuit, whistleblowers reported that State Street Corp...
New Suit Filed Fatal Air France Crash
Posted on October 21, 2009An attorney filed a lawsuit this week under the Illinois Wrongful Death Act on behalf of the survivors of eight passengers killed in the crash of an Air France flight earlier this year, Reuters reports. The lawsuit names Airbus SA and various aerospace suppliers including Honeywell International, General Electric Co, Rockwell Collins Inc, Thales SA [...
Lawsuit: Private Plane Defective
Posted on October 21, 2009The families of two men killed in the 2006 crash of a private two-seat plane have filed a lawsuit against the companies that manufactured, sold or promoted the plane, according to the Modesto Bee. The lawsuit argues that the Zodiac CH-601XL and its parts were dangerous and defective...
Company Liable for Drunken Driving Crash, Lawsuit Claims
Posted on October 21, 2009The employer of a man involved in a fatal drunken driving accident was liable for allowing him to drive, the family of three people killed in the crash claims. According to the lawsuit, UGS Corp. should not have allowed Thomas Wellinger to leave its office after he arrived at work intoxicated...
Patients File Class Action Over Radiation Exposure
Posted on October 21, 2009Hundreds of Cedars-Sinai Medical Center patients filed a class-action lawsuit against the hospital Tuesday over revelations that they were unwittingly exposed to high levels of radiation. The lawsuit comes after officials at Cedars-Sinai admitted that some patients were exposed to eight times the recommended radiation because of problems with a CT scanner...
Crash Raises Questions About Safety of Vehicles
Posted on October 20, 2009A fatal accident earlier this year involving a California Highway Patrol officer driving a 2009 Lexus ES 350 is raising new questions about safety problems with vehicles made by Toyota Motor Corp., the Los Angeles Times reports. Toyota has blamed such incidents on defective safety mats that can cause accelerators to become stuck...
Botulism Fear Sparks Baby Food Recall
Posted on October 20, 2009A California company has announced the recall of its baby food products citing fears about botulism poisoning. The recall affects Plum Organics apple- and carrot-flavored baby food with a “best by” date of May 21, 2010. The food is available at Toys R Us and Babies R US stores.
Target Settles With Wrongly Accused Woman
Posted on October 20, 2009Target Corp. has agreed to pay an undisclosed sum to settle a lawsuit by a woman who was wrongly accused of trying to use a counterfeit bill to purchase merchandise in 2006. The plaintiff Rita Cantrell filed a lawsuit accusing Target of defaming her. A federal appeals court had previously refused to dismiss a $3...
Court OKs Medical Monitoring Suit by Smokers
Posted on October 20, 2009Massachusetts’ highest court has given the green light to a lawsuit by three smokers who are seeking to force Philip Morris to pay for medical monitoring to detect lung cancer. According to the lawsuit, Philip Morris negligently manufactured cigarettes containing carcinogens that put the plaintiffs at increased risk for lung cancer...
Illinois Court Rejects Doctor Duty to Nonpatients
Posted on October 20, 2009Health care staff cannot be held liable for failing to prevent the murder of a woman killed by a mentally ill man under their care, the Illinois Supreme Court has ruled. Richard Street strangled his wife in 2003 after telling staff at Community Resource Center Inc...
Vehicles Recalled Because of Corrosion Problems
Posted on October 19, 2009Nissan and Infiniti have recalled nearly 150,000 vehicles because of potential problems with tire-pressure monitors. The automakers said road salt in cold-weather states could cause the monitors to malfunction. The recall affects the 2008?10 Infiniti M35 and M45, the 2009 Nissan Cube, the 2009 Nissan Murano and the 2008 Nissan Rogue.
Appeals Court Rejects Suit Against VA
Posted on October 19, 2009A federal appeals court has ruled against the family of a Desert Storm veteran who claimed that the government should have diagnosed a parasitic disease he passed on to his wife and children. A three-judge panel of the 6th Circuit Court of Appeals held that there was insufficient evidence that Veterans Affairs doctors should have [...
Nursing Home Neglected Dying Patient, Lawsuit Says
Posted on October 19, 2009The family of a 97-year-old nursing home patient who died after contracting severe urinary tract and genital infections has filed a lawsuit accusing the facility of neglect. A subsequent investigation by Washington state health officials concluded that Everett Rehabilitation and Care Center failed to provide the man with timely medical attention...
Suit Over EMS Helicopter Crash Settled
Posted on October 19, 2009The operators of an emergency medical services hospital helicopter have agreed to pay $14 million to settle a lawsuit filed by the families of flight nurse and a paramedic killed in a crash last year. The helicopter, operated by Metro Aviation Inc. on behalf of South Texas Emergency Care Foundation, crashed near South Padre Island [...
Fatal Bus Accident Prompts Lawsuit
Posted on October 14, 2009The families of two people killed in a double-decker bus accident earlier this year have filed a lawsuit accusing the driver and bus owners of negligence. Cameron Chana and Justin Sleezer died after striking their heads on a I-57 overpass as the bus traveled underneath...
Hospital Settles Suit Over Fatal Fall
Posted on October 14, 2009Boston Medical Center has agreed to pay $900,000 to the family of an 86-year-old woman who died after falling in an operating room following hip surgery, the Boston Globe reports. The lawsuit claimed that hospital staff failed to take adequate precautions as the woman was prepared to be transferred to a hospital bed...
Jury Hears Final Arguments in Water-Death Case
Posted on October 14, 2009The family of a woman who died of acute water intoxication after participating in a radio station promotion should receive between $24.62 million and $34.45 million in damages, an attorney for the family argued on Tuesday. The lawsuit claims that radio station KDND “The End” 107...
Jury Awards Damages in Paxil Case
Posted on October 14, 2009A Pennsylvania jury has ordered GlaxoSmithKline to pay $2.5 million in the first of 600 cases over claims that the antidepressant Paxil causes birth defects. In the verdict, jurors found that Glaxo negligently failed to warn the doctor of a woman whose child was born with heart defects...
Policyholder Seeks Details About Katrina Claims
Posted on October 14, 2009A Mississippi appeals court is scheduled to decide whether a policyholder there can gain access to records showing the dollar amount of Katrina claims denied by private insurers, the Biloxi Sun-Herald reports. The lawsuit over the Mississippi Insurance Department records is part of an effort to push through the state legislature a long-stalled Policyholders Bill [...
Hospital Admits Patients Received Radiation Overdoses
Posted on October 14, 2009Cedars-Sinai Medical Center announced Monday that more than 200 patients received excessive doses of radiation because of a programming error in a CT scanner. In a written statement, the hospital said affected patients received eight times the normal dosage of radiation and that the error went unnoticed for about 18 months...
Jury Hears Suit Over Death of Athlete
Posted on October 13, 2009Jurors in Florida heard arguments Monday in a lawsuit filed by the family of a student who died while training at the IMG Academy?s International Performance Institute. According to the lawsuit, the sports academy did not perform a thorough enough physical examination before allowing the student to participate in workouts...
Appeals Court Critical of Summary Judgment Ruling
Posted on October 13, 2009A California appeals court has reversed summary judgment in a harassment and retaliation case after finding that a lower court judge was “manifestly wrong” in siding with the defense. In reversing the ruling, San Francisco’s 1st District Court of Appeal wrote that the case was ?the poster child? for criticism of the summary judgment processes...
Rules Could Help Vets With Agent Orange Claims
Posted on October 13, 2009New rules proposed this week by the Department of Veterans Affairs could make it easier for veterans to pursue disability claims for illnesses caused by Agent Orange, the New York Times reports. The new policy comes after lawmakers and veterans groups sharply criticized the agency for its handling of disability claims...
Strange Bedfellows Unite Over Fee Issue
Posted on October 13, 2009Two unlikely allies are pairing up in an attorney fee case currently before the Supreme Court. The conservative Liberty Legal Institute in Texas and the liberal American Civil Liberties Union have filed amicus briefs supporting Children’s Rights Inc...
Study finds Half a Million Kids Suffer Adverse Drug Reactions
Posted on September 29, 2009Adverse reactions to medications send more than half a million children to clinics or emergency rooms each year, new data shows. According to statistics analyzed by researchers at Children’s Hospital Boston, 22 percent of 585,922 adverse drug events resulted in an emergency room visit among children under 18...
I want your Rolex: Lawsuit: Doctor Allowed Man to Die to Steal Watch
Posted on September 29, 2009The family of a California man has filed a lawsuit accusing an emergency room doctor of failing to resuscitate their father in order to steal his Rolex watch. In the lawsuit, the family claims that Dr. Cleveland Enmon and Catholic Healthcare West are negligent for wrongful death, conspiracy and other damages...
Clinic Negligent for Botched ED Treatment
Posted on September 29, 2009A Georgia jury has ordered an Atlanta men’s clinic to pay $9.25 million to a 53-year-old man who suffered permanent damage from an erectile dysfunction treatment. Following a six-day trial, jurors found that Boston Men’s Health Center Inc...
Class Action Filed Over Alleged Mold Infestation
Posted on September 29, 2009A Florida attorney has filed a class-action lawsuit on behalf of the elderly residents of a low-income apartment complex owned by the Archdiocese of Miami. According to the lawsuit, St. Andrews Towers in Coral Springs failed to address a history of mold issues before recruiting residents who may suffer breathing problems...
State Courts Grapple with Damage Caps
Posted on September 29, 2009Supreme court judges in two states (Georgia and Maryland) are scheduled to decide whether to do away with limits on noneconomic damages in medical malpractice cases. In Georgia, justices will decide whether the state?s $350,000 cap violates the state constitution...
Jury Awards Damages to Prempro Patient
Posted on September 29, 2009A jury has awarded $3.7 million to a woman who developed breast cancer after taking the Wyeth hormone-replacement drug Prempro. Jurors must now decide if Wyeth is liable in the case and whether the drug maker should be required to pay punitive damages...
Popular Birth Control Pill Draw Fire from Critics
Posted on September 28, 2009Two of the nation?s top-selling birth control pills may increase the risk of blood clots, strokes and other health problems, some critics charge. According to lawsuits brought against pharmaceutical giant Bayer, the company failed to properly disclose risks associated with the oral contraceptives Yaz and Yasmin...
Report: FDA Approved Device Under Political Pressure
Posted on September 28, 2009The Food and Drug Administration approved a controversial knee-surgery device after receiving pressure from lawmakers and lobbyists, the Washington Post reports. According to a report released last week by the FDA, regulators seem to have buckled under political pressure from four New Jersey lawmakers with financial ties to ReGen Biologics...
Near-Record Damages Awarded in Texas Med-Mal Case
Posted on September 28, 2009A Texas jury has awarded more than $4 million to a man who suffered severe complications following a botched bowel surgery. According to attorneys for the plaintiff, Dr. Guillermo Ponce de Leon failed to properly diagnose a leaking bowel caused by the 2003 procedure...
Private School Settles Suit by HIV-Positive Teacher
Posted on September 28, 2009A private school in Maryland has agreed to pay about $80,000 to a teacher who claimed that he was fired because he has HIV. According to the Equal Employment Opportunity Commission lawsuit, the Chesapeake Academy in Arnold violated the Americans with Disabilities Act when it failed to renew the teacher?s contract...
Settlement Approved in Chrysler Wrongful Death Case
Posted on September 27, 2009The family of a California longshoreman will receive $24 million from DaimlerChrysler under a settlement approved this week by a bankruptcy judge. In 2007, a jury found that the automaker was negligent in the design of a Dodge Dakota pickup that crushed Richard Mraz...
Merck to Pay Out 3,000 Additional Vioxx Claims
Posted on September 27, 2009Families of Vioxx users who died of heart attacks or strokes will receive between $5,000 and $1.5 million under a Merck-sponsored payout announced this week. The fund will cover more than 3,100 Vioxx claims that did not meet criteria for payments related to the drug?s use, according to the law firm appointed to administer the [...
Significant Damages Awarded in Auto Case
Posted on September 24, 2009A former college student who was left permanently brain damaged in a 2007 auto accident should received $49 million in damages, a California jury has ruled. Following a five-week trial, jurors found that two truck drivers were negligent for reckless driving and that the California Department of Transportation was negligent for failing to correct safety [...
Appeals Court Reinstates Award in Medical Malpractice Case
Posted on September 24, 2009A Florida appeals court has reinstated a $10.3 million jury verdict awarded to the family of a man who died following a 2003 medical procedure at Palms West Medical Center. In ruling for the plaintiffs, the 4th District Court of Appeal held that the trial judge had erred in retroactively applying a state cap on [...
Study: Financial, Family Problems Contribute to Doctor Errors
Posted on September 23, 2009Financial and family problems can play a major role in causing medical error among medical residents, a new study has found. In the study, researchers from the Mayo Clinic found that multiple stressors, not only fatigue, can significantly contribute to medical mistakes...
Study Finds Smoking Bans Reduce Health Risks
Posted on September 23, 2009A new study published in the journal Circulation reveals an up to 36 percent reduction in heart attacks after smoking bans were enacted. Researchers studied the rate of heart attacks in US, Canadian and European cities immediately after smoking bans became effective and noted a 17 percent reduction the first year of the ban, followed [...
FDA Imposes Ban on Flavored Cigarettes
Posted on September 23, 2009Federal health officials have banned tobacco makers from selling cigarettes with fruit, candy or clove flavors, the Los Angeles Times reports. According to the Food and Drug Administration, flavored cigarettes serve a gateway to tobacco addiction for youth smokers...
Texas Investigating Company Behind Fallen Light Poles
Posted on September 23, 2009The recent rash of fallen athletic light poles has sparked an inquiry by the Texas attorney general?s office. At least 15 poles sold by Texas-based Whitco Co. have fallen in the last four years, with the majority of those failures reported in Texas. The Consumer Product Safety Commission is also conducting an investigation, and issued [...
Quiet Cars Pose a Risk of Accidents
Posted on September 23, 2009Motorcyclists frequently note: “Loud Pipes Save Lives” and now car makers are responding to concerns voiced in Japan and the U.S that electric-powered vehicles are dangerous to pedestrians because they are quieter than gasoline-powered automobiles...
Study Links Hormone Therapy to Lung Cancer
Posted on September 22, 2009Women who took a combination hormone replacement therapy may be more likely to develop fatal lung cancer, according to a new study. Researchers from the Women?s Health Initiative concluded that women taking a combination of estrogen and progestin were 28 percent more likely to develop the disease...
Pfizer Accuses Expert of Witness Tampering
Posted on September 22, 2009Pfizer has accused a doctor-consultant involved in multidistrict litigation over the drug maker?s anti-seizure medication Neurontin of witness tampering, American Lawyer reports. Pfizer contends that the expert attempted to influence a doctor who treated the alleged victim in the case by providing her with internal company documents...
Lawsuit: Hospital Negligent in Heart Attack Death
Posted on September 22, 2009The family of a man who died after reporting to Maimonides Medical Center complaining of chest pains has filed a lawsuit accusing the hospital of negligence. According the lawsuit, Jacob Goldbrenner suffered a heart attack while hospital staff fumbled to locate the key to the facility?s cardiac lab, and even the lab itself, over a [...
Government Settles Suit Over Death of Vacationers
Posted on September 22, 2009The federal government has agreed to pay $5 million to the family of two vacationers who were swept over a waterfall at a Hawaii national park in 2003. According to the lawsuit, rangers at the Haleakala National Park near Maui failed to warn the family that flash flooding could create dangerous conditions...
Yogurt Maker Settles False Claims Lawsuit
Posted on September 22, 2009Dannon Co. has agreed to pay $35 million to settle a class-action lawsuit that accused the company of making false health claims about Activia and DanActive yogurts. Under the settlement, consumers who purchased the yogurts will be eligible to receive up to $100 in refunds...
Exec: Glaxo Knew of Paxil Birth Defect Link in 2001
Posted on September 22, 2009A former GlaxoSmithKline executive testified that the drug maker knew as early as 2001 that the antidepressant Paxil could likely cause birth defects in the fetuses of pregnant women. In a videotaped deposition, former Glaxo drug-safety executive Jane Nieman said that the company was ?almost certain? that Paxil was to blame for a heart defect [...
Lawsuit Filed Over Electrocution Death
Posted on September 22, 2009A Wisconsin utility company was negligent in the death of a man electrocuted by downed power lines in 2007, a lawsuit filed by family members alleges. According to the lawsuit, Madison Gas and Electric was negligent in the design, installation, operation and maintenance of a power line that killed 22-year-old Demetrius Dobbs...
Appeals Court Revives Global Warming Lawsuit
Posted on September 22, 2009A federal appeals court has revived a group of lawsuits that seeks to hold major utilities liable for carbon dioxide emissions that contribute to global warming. In reversing the dismissal, the 2nd Circuit Court of Appeals held that New York state and others need not defer to a definitive policy statement before bringing their suits [...
Facebook Settles Privacy Suit Over Ad System
Posted on September 22, 2009Facebook has agreed to pay at least $9.5 million to settle a class-action lawsuit over the social networking site?s Beacon advertising system. Facebook users alleged that the site violated privacy laws by publishing video rental histories on the Web. Beacon was launched in 2007 and tracked user activities on non-Facebook sites and then reported them [...
Race Track Ordered to Pay for Brain Injury
Posted on September 22, 2009Texas Motor Speedway was significantly negligent in an accident that left a boy with traumatic brain injuries that limit his mobility and mental capacity, a Texas jury has ruled. Jurors awarded the parents of Ryan Davies more than $11 million in damages for his injuries...
Aide Pleads Guilty to Neglect in Nursing Death
Posted on September 03, 2009An Illinois woman involved in a lawsuit over the alleged wrongful death of an 89-year-old Alzheimer?s patient has pleaded guilty to criminal neglect, according to the Chicago Tribune. Sarah Wentworth died of hypothermia earlier this year after wandering out of the Arbor of Itasca nursing home in freezing temperatures...
Record Settlement Reached Over Bextra Marketing
Posted on September 03, 2009Pfizer Inc. has agreed to pay $2.3 billion to settle a government investigation into the marketing of the withdrawn Bextra pain medicine and 13 other drugs. The size of the settlement stems from the government?s determination that Pfizer was a repeat offender, according to Reuters...
Medi-Spa Lawsuits on the Rise
Posted on September 03, 2009Patients are filing an increasing number of malpractice lawsuits against so-called medical spas over beauty treatments gone wrong. Attorneys familiar with such cases say claims related to laser hair removal are particularly common and that more regulation is needed...
Colorado Springs Motorcyclist Injured in Crash
Posted on September 03, 2009A motorcyclist riding west on Fillmore Street in Colorado Springs, Colorado was in serious condition at Penrose Hospital Wednesday following a collision about 5:30 p.m. when an eastbound car turned left onto Hancock Avenue in front of him. The motorcyclist was not wearing a helmet...
Doctor Failed to Prevent Assault, Jury Finds
Posted on August 31, 2009A jury has ordered a prominent New York pediatrician to pay $11 million to two sisters for failing to prevent their half-brother from sexually assaulting them. In the lawsuit, plaintiffs claimed that Dr. Patricia Monroe and her workplace failed to take proper steps that could have prevented the abuse...
Odometer Class Action Can Proceed, Judge Rules
Posted on August 28, 2009A class action alleging that Subaru sold or leased cars with defective odometers can proceed, a federal judge has ruled. In the ruling, Southern District of New York Judge George Daniels rejected Subaru’s argument that the Federal Odometer Act does not apply to original factory-installed odometers...
Appeals Court Upholds Award for Wrongful Convictions
Posted on August 28, 2009The government must pay nearly $102 million to the families of four men wrongly convicted and imprisoned for a 1965 murder, a federal appeals court has ruled. The decision upholds a 2007 verdict that found the FBI had withheld key evidence that would have proved the men to be innocent...
Jury Finds for Yamaha in Rhino Lawsuit
Posted on August 28, 2009A Texas jury on Thursday ruled in favor of Yamaha Motor Co. in a lawsuit over alleged design defects that plaintiffs claimed caused the death of a 13-year-old boy. In the verdict, jurors found that the Yamaha Rhino all-terrain vehicle was not to blame for the death of Forest ?Eddie? Ray...
Child Voted Out of Class, Lawsuit Says
Posted on August 28, 2009The mother of a child with a form of autism has filed a lawsuit against child?s teacher, school officials and others over an incident in which she claims other students were allowed to ?vote? him out of the class. In the suit, Melissa Barton alleges that the defendants violated the Americans with Disabilities Act and [...
Whistleblower Awarded Damages for Retaliation
Posted on August 28, 2009A jury has awarded $450,000 to a student expelled from nursing school after she complained that an instructor failed to provide required clinical training. According to the lawsuit, Appalachian Technical College retaliated against the student for blowing the whistle on faculty misconduct...
Chrysler to Take On More Liability Claims
Posted on August 28, 2009Chrysler announced Thursday that it will accept more liability for injury and wrongful death claims related to vehicles produced prior to the company?s bankruptcy. The announcement means that those injured by older Chrysler vehicles can still purse claims against company assets that remain in bankruptcy court...
Regulators Investigating Wind Damage Policies
Posted on August 28, 2009Insurance regulators in Texas are trying to determine whether the Texas Windstorm Insurance Association may have wrongly denied some claims for roof damage following Hurricane Ike, the Houston Chronicle reports. The investigation comes after nearly two dozen policyholders complained about the denial of claims relating to unsealed asphalt shingles...
Law Firm DLA Piper Severs Relationship With Dick Armey Over FreedomWorks? Fireworks
Posted on August 28, 2009Dick Armey’s resignation from law firm DLA Piper raises some interesting issues about law firm reputation. The former House Majority Leader left the firm late last week after questions were raised publicly about his position as chairman of FreedomWorks, the “grass roots” organization that has been accused of helping to orchestrate numerous angry outbursts at [...
Study: Tests Expose Patients to Excessive Radiation
Posted on August 27, 2009Medical imaging tests expose millions of patients to excessive amounts of radiation each year, new research has concluded. According to the study, published in the New England Journal of Medicine, nearly half a million patients were exposed to radiation doses exceeding those allowed for nuclear power plant workers annually...
Deaths Prompt Window Shade Recall
Posted on August 27, 2009The deaths of three children have prompted six companies to recall millions of window blinds and shades, federal safety officials have announced. The recall covers 4.2 million roll-up blinds with plastic slats made by Lewis Hyman Inc.; 600,000 Woolrich Roman shades; blinds and shades made by Vertical Land Inc...
Bloomberg Deposed in Firefighter Lawsuit
Posted on August 27, 2009Attorneys for a group of black firefighters deposed Mayor Michael Bloomberg Wednesday as part of a lawsuit over alleged discriminatory practices in New York City fire departments, the New York Times reports. According to attorneys for the firefighters? association, Bloomberg said he did not recall a 2003 report detailing potential problems with the fire department [...
Jury Awards Damages to Family of Accident Victim
Posted on August 27, 2009The family of a man killed in a 2006 accident in a construction zone should receive more than $4 million in damages, a Utah jury has ruled. According to the lawsuit, the Utah Department of Transportation and subcontractor Staker & Parson Cos. failed to adequately warn motorists about potential traffic delays...
Jury Rules Against Exxon in Second Phase of Trial
Posted on August 27, 2009A jury has ruled against Exxon Mobil Corp. in the second phase of a trial over whether the company allowed a gasoline additive to contaminate well water in New York City. In the verdict jurors found that the additive methyl tertiary butyl ether, or MTBE, will remain in affected wells until at least 2033...
Falling Light Poles Prompts Safety Alert
Posted on August 26, 2009Federal safety officials are warning the owners and operators of lighted outdoor fields to inspect light poles following the failure of more than a dozen poles designed by a Texas company. The U.S. Consumer Product Safety Commission said its investigation into poles designed and sold by Whitco Co...
Agency Issues Warning on Weight Loss Drugs
Posted on August 26, 2009Two popular weight loss drugs may cause serious liver damage, federal health officials said Monday. According to the Food and Drug Administration, at least 32 cases of serious liver injury have been linked to the Roche Holding AG’s prescription drug Xenical or the over-the-counter version sold by GlaxoSmithKline...
Jury Awards Damages for Botched Dental Procedure
Posted on August 26, 2009A jury has awarded $2 million to a South Carolina woman who had 13 teeth removed by mistake, the New York Daily News reports. According to an attorney for the plaintiff, the dentist was only supposed to have pulled three teeth. Instead, he removed all of the woman?s top teeth and then tried to cover [...
Judge Awards Damages to Man Injured in Highway Accident
Posted on August 26, 2009A federal magistrate judge has awarded $18 million to a man severely injured in a 2008 accident on Interstate 64 that killed three people. Following a one-day bench trial, Magistrate Judge David D. Noce ruled that it was more likely than not that the truck driver blamed for the crash was negligent...
Altria Ordered to Pay Damages to Smoker?s Daughter
Posted on August 26, 2009A jury has ordered Altria Group Inc. to pay $13.8 million in punitive damages to the daughter of a smoker who died of lung cancer, Bloomberg reports. According to the original lawsuit, the cigarette maker misrepresented the risks of smoking in its advertising...
Nurses Report Problems With Hospital Safety, Cleanliness
Posted on August 26, 2009An alarming number of nurses say hospitals are not as safe or sanitary as they should be, a new survey by Consumer Reports? has concluded. Among the survey?s findings: about 28 percent of nurses saw problems with hospital cleanliness; about 38 percent of nurses report problems with patient care; and about 26 percent of nurses [...
School Officials Failed to Call 911, Lawsuit Says
Posted on August 26, 2009School officials failed to call 911 after a student suffered second- and third-degree burns during a science experiment, a lawsuit filed in Tennessee claims. According to the suit, no nurse was on duty at the school and the teacher instead had the fourth grade girl place a cold compress on the burns...
Hotel Negligent in Death of Football Player
Posted on August 26, 2009A jury has awarded $3.8 million to the family of a former Alabama State University football player who died after an incident at a hotel swimming pool. The lawsuit alleged that employees at the Rodeway Inn in Montgomery allowed 19-year-old Derrick Marshall to use the pool even though it had been shut down by [...
Roof Collapse Sparks Lawsuits
Posted on August 26, 2009Two Dallas Cowboys staff members injured in the collapse of a training facility earlier this year have filed lawsuits against the maker of the tent-like structure. According to the lawsuits, Pennsylvania-based Summit Structures and others failed to disclose potential structural problems that could cause the building to collapse in high winds...
Cuba Ordered to Pay Damages for Wrongful Death
Posted on August 24, 2009A Maine jury has awarded $21 million to a woman who claimed that Cuban officials were responsible for the death of her father more than 30 years ago. The lawsuit alleged that Geoffrey Sullivan was imprisoned and executed in 1963 after participating in anti-Castro covert operations in Central America and Cuba...
Attorney: Deal Likely in Insurance Lawsuit
Posted on August 24, 2009Louisiana Citizens Property Insurance Corp. may be able to pay a temporary fee to plaintiff attorneys while the state-run property insurance company attempts to appeal a $95 million Katrina-related verdict, an attorney familiar with the matter said. The proposed temporary payment stems from various court rulings that said Citizens must post a cash bond before [...
Products Litigation Growing More Complex
Posted on August 24, 2009The area of product liability litigation has expanded in recent years as the definition of what a product is has also grown. Product liability cases may now include a wide range of ?products? including transfused blood, sperm, information technology, computer software and electricity...
Genocides Suits Pre-Empted, Court Rules
Posted on August 24, 2009A 9th Circuit Court of Appeals panel has ruled against the descendants of Armenian genocide victims involved in several class actions against life insurance companies. In a 2-1 ruling, the court held that a California statute that prompted several multimillion dollar settlements was pre-empted by U...
Family Awarded Damages in Misdiagnosis Case
Posted on August 24, 2009A Texas jury has ordered a hospital, a doctor and a physician?s assistant to pay $3.5 million to a woman who died of misdiagnosed cancer. In the lawsuit, the family of Melissa Hendricks accused Highland Family Medical Center, Dr. Stephen Glaser and Jason Maris of medical malpractice and wrongful-death for failing to test a sebaceous [...
Patient to Testify in Med-Mal Case
Posted on August 24, 2009A Florida woman is scheduled to testify Monday in a medical malpractice trial that accuses three doctors of negligence that caused her to become quadriplegic. According to the lawsuit, doctors at NCH North Naples Hospital failed to diagnose a rare progressive neurological condition that led to severe and permanent injuries...
Recall Covers 2700 Child Bicycle Trailers
Posted on August 20, 2009After reports of wheels loosening and falling off of child bicycle trailers, the Consumer Product Safety Commission has announced a recall of 2,700 trailers manufactured by Burley Design LLC. The models covered by the recall are the 2009 d’lite ST and Solo ST trailers with serial numbers beginning with D939 or D948, and were sold [...
$260,000 Settlement Reached in Police Shooting
Posted on August 20, 2009Julio Hernandez and Adriana Velasquez will split a $260,000 settlement from the city of Salinas to resolve a case where police officers opened fire on them during a traffic stop. The couple did not have any weapons, but one of the officers said he heard a noise and saw a flash in the car?s interior [...
Debt-Collection Agencies Sued Over Tactics
Posted on August 20, 2009Three operators of multiple debt-collection agencies were sued by New York Attorney General Andrew M. Cuomo in an attempt to shut down the companies over illegal tactics. Some of the practices detailed at a press conference announcing the suit included insulting victims, threatening victims with immediate arrest while pretending to be law officers and calling [...
Car Accident Cell Phone and Texting Statistics
Posted on August 20, 2009Currently, the data available for car accidents involving cell phone use is limited. While mobile phones have grown enormously in popularity in the past decade, it is still unclear how greatly cell phone calls and texting contribute to car crashes. What is clear is that talking on the phone and texting behind the wheel both [...
Support for ban on texting while driving
Posted on August 20, 2009Three out of four people say they would support a federal legislative push to ban text messaging while driving and most of the rest said they would support a ban only if texting were exempt in certain situations. Discussions about distracted driving continue as the U...
Nissan Verdict Upheld
Posted on August 20, 2009Nissan Motor Co., LTD?s request for a new trial in a case where a jury awarded $1.85 million to the plaintiff was denied by U.S. District Judge Leonard Davis. The jurors found that Rebecca Perdue?s injuries were caused by a structural design defect in her Nissan Pathfinder, and not simply by the car wreck or [...
Whistleblower Bill Causes Concern
Posted on August 20, 2009Critics of the proposed whistleblower-protection bill under development by the Obama administration and Congress contend it will have a chilling effect on those inside the intelligence community who seek to expose wrong-doing. Although new protections are included for other whistleblowers, employees of the Federal Bureau of Investigation would no longer be able to bring their [...
Suit Filed in Police Shooting Death
Posted on August 20, 2009A lawsuit was filed against Prince George?s County and Cpl. Steven Jackson by the family of a man killed by Jackson while he was working off-duty as a security guard. According to the suit, Manuel de Jesus Espina was beaten, shot and killed despite the fact that he was not resisting...
Shedding Light on Doctors? Conflict of Interest
Posted on August 20, 2009According to an article in the Washington Post, determining doctors? ties with pharmaceutical companies, and any related conflict of interest, is often a hard task for patients to accomplish. The Physician Payments Sunshine Act, introduced by Senators Chuck Grassley and Herb Kohl, seeks to relieve some of that burden by requiring that all payments of [...
Enterprise Rent-A-Car sold Chevy Impalas without standard side air bags
Posted on August 18, 2009Enterprise Rent-A-Car, the nation?s largest private buyer of new cars and seller of used ones, chose to ?delete? a standard safety feature from thousands of Chevrolet Impala fleet vehicles, saving millions of dollars. After the company rented out those 2006-08 model vehicles, Enterprise and countless dealers nationwide offered them for sale on the open market ? [...
Toy Workshops and Trucks Recalled
Posted on August 18, 2009The Consumer Product Safety Commission announced a voluntary recall of five Little Tikes toys sold since March 1994, after an infant choked on a plastic nail included in the sets. The affected toys sets are the Electronic Project Workshop, the Little Handiworker Workhorse, the Home Improvements Two-sided Workshop, the Swirlin’ Sawdust Workshop and the Black [...
City Faces Suit in Swimming Pool Injury
Posted on August 18, 2009A lawsuit filed by Brandon Flowers alleges Union City?s negligence caused his son to become trapped by a swimming pool grate at the bottom of the city swimming pool, resulting in serious injuries. The boy, who was 13 at the time, had to be rescued by lifeguards and flown to a hospital for treatment of [...
Company Blames State for Bridge Failure
Posted on August 18, 2009In response to a lawsuit filed by the state of Minnesota over the 2007 collapse of the Interstate 35W bridge, URS Corp. claims the state?s own negligence caused the bridge failure. URS, holder of the state contract to evaluate the bridge?s durability and needed repairs, contends that the state?s failure to act on the information [...
AstroTurf to Reduce Lead in California Products
Posted on August 18, 2009California Attorney General Jerry Brown announced AstroTurf will remove almost all lead from its artificial grass products sold in the state as part of a settlement. In addition, the company will pay to test existing fields for excessive lead, warn recent customers of the lead exposure risk, and pay $170,000 in penalties and fees...
Suit Filed Over Food Poisoning Death
Posted on August 18, 2009The family of Courtney Rohn has filed a suit against the El Toro Taco restaurant, alleging negligence led to the food poisoning which caused her death. Rohn died of a bacterial infection one day after eating takeout food from the restaurant. When the restaurant was inspected shortly after Rohn?s death, 53 sanitation and safety violations [...
Settlement Reached in Quran Case
Posted on August 18, 2009Hakeem Shaheed has settled his lawsuit against the United States Bureau of Prisons over his treatment while serving time from April 1996 to October 2005 in a federal penitentiary in Marion. According to the suit, Shaheed, a practicing Muslim, faced abuse from prison guards after the Sept...
Calif. Reforms Signed into Law
Posted on August 18, 2009Two personal injury bills were signed into law by California Gov. Arnold Schwarzenegger. The first, known as the “Good Samaritan” bill, provides liability protection for those who stop and render aid at the scene of an accident, and was passed in response to the California Supreme Court?s earlier ruling that liability only extended to trained [...
Family of Trucker Killed in Dairy Accident Files Suit
Posted on August 18, 2009The family of a trucker killed in an accident while making a delivery to a dairy has sued 4-Bros Dairy, alleging negligence. Chad Thompson was killed when a 40 foot pile of decomposing livestock feed known as silage fell on his truck as he was parking it next to the pile...
Case on Fund Fees Headed to Supreme Court
Posted on August 18, 2009The Supreme Court will hear the case of Jones v. Harris Associates, which alleges that funds paid excessive fees to their investment advisers. According to many economists, even in light of poor performance, mutual funds tend not to fire advisers and continue to pay excessive fees...
Users Sue Facebook over Privacy Concerns
Posted on August 18, 2009A lawsuit filed in Orange County Superior Court claims that social media Web site Facebook is in violation of state and online privacy laws. According to the suit, Facebook illegally provides users? personal data to third parties and does not inform users that it is mining their data...
Diabetes Treatment Standards Questioned
Posted on August 18, 2009The National Committee for Quality Assurance rescinded its national guidelines for treating diabetes patients in light of a federal study indicating that older patients with heart disease would be harmed if they followed those guidelines. Critics of the guidelines contend they were skewed in favor of providing glucose-lowering drugs because the group receives a portion [...
Chicago Settles Suit Over Fall at O?Hare Airport
Posted on August 17, 2009The city of Chicago has agreed to pay $800,000 to settle a lawsuit a lawsuit by a woman who fell at O?Hare Airport while traveling to medical conference. According to the lawsuit, Diana Sarkar fractured her kneecap and tore cartilage after slipping on an oily floor...
Class Action Filed Over Alleged Hepatitis Exposure
Posted on August 17, 2009Patients at a South Dakota urology clinic have filed a class-action lawsuit claiming the facility exposed them to the hepatitis. The Siouxland Urology Center began warning patients about possible infections earlier this year after it was discovered that some equipment was being reused...
Fosomax Trial Begins This Week
Posted on August 17, 2009The first of what are expected to be three bellwether cases involving the osteoporosis drug Fosamax began this week in New York. Plaintiffs in about 900 cases claim that Merck & Co. failed to warn that the drug may cause the death of jawbone tissue...
Family Files Lawsuit Over Hazing Death
Posted on August 17, 2009The family of a Utah State University freshman who died following an alcohol-related hazing incident has filed a lawsuit against the school. Attorneys for the family contend that university officials turned a blind eye to a pattern drug and alcohol abuse at the Sigma Nu fraternity chapter that ultimately led to the teenager?s death...
Boeing Settles Whistleblower Suits
Posted on August 12, 2009Boeing Co. has agreed to pay $2 million to settle a whistleblower lawsuit that accused the company of overcharging the U.S. government. In the lawsuit, Edward Quintana alleged that the company manipulated billing statements for a U.S. Air Force contract to reflect airplane maintenance that was never performed...
Judge OKs Testimony by Whistleblowers
Posted on August 12, 2009Two sisters who claim that State Farm defrauded the government in the wake of Hurricane Katrina will be allowed to testify in their lawsuit against the insurer, a federal judge has ruled. In an order issued Monday, U.S. District Judge L.T. Senter Jr. ruled that Cori and Kerri Rigsby?s work as insurance adjusters gave them [...
Survey Shows Divergence in Medical Fees
Posted on August 12, 2009Irrational pricing of medical procedures illustrates one of the serious problems facing the American health care reforms, according to a report published in the New York Times. Results of a survey sponsored by an insurance industry group noted that respondents reported wild deviations in costs paid by some patients and those paid by Medicare...
Medical Field in Need of Transparency
Posted on August 12, 2009The Houston Chronicle and Hearst Newspapers have published a new series detailing the toll preventable medical errors take on families each year. According to the report, an estimated 98,000 die each year from preventable medical errors and nearly 100,000 more contract serious infections during a hospital stay...
Recalls Show Complexity of Reforming Food Safety
Posted on August 11, 2009Dozens of food recalls during the last month illustrate how difficult it will be for officials to reform the nation’s food safety system, according to the Los Angeles Times. Last month, House lawmakers passed a measure that seeks to bolster the Food and Drug Administration’s authority and recall powers...
Appeals Court Upholds Dismissal of Cycling Lawsuit
Posted on August 11, 2009A federal appeals court has upheld a lower court’s decision to dismiss a lawsuit stemming from a fatal bicycling accident. In the decision, the 10th Circuit Court of Appeals held that the mountain bike riders knew that their participation in a 2004 race was inherently dangerous and the event’s organizers took sufficient precautions to protect [...
Hospital Destroyed Records, Lawsuit Says
Posted on August 11, 2009The family of a woman who died following complications from elective surgery has filed a lawsuit against Stanford University Medical Center in Palo Alto. In the lawsuit, the family members claim that staff at the hospital failed to examine Diane Stewart as her condition grew worse and then deleted medical records in an attempt to [...
Jury Awards Damages to Toddler Injured at Day Care
Posted on August 11, 2009A Florida jury has awarded $3 million to a boy whose leg was broken by a KinderCare day care employee. Media reports note that child protection authorities had repeatedly cited KinderCare for violations at five of its Pinellas County locations. The employee involved in the incident has since pleaded no contest to felony child abuse...
Settlement Reached in Death of Visiting Chinese Scholars
Posted on August 11, 2009Three men who survived a rollover accident and the families of seven others killed in the same accident have settled with the University of Utah, ending a two-week trial. The plaintiffs, who were all visiting from China, will split almost $500,000 which is just below the amount that would require approval by the legislature...
Hospital Facing Lawsuit after Incorrect Death Declaration
Posted on August 11, 2009A lawsuit has been filed against a Charleston hospital for wrongly declaring that an infant died and then taking more than 28 minutes to resuscitate him. The parents allege that the father detected signs of life when holding the child after he was declared dead and the child now suffers from neurological damage after being [...
First Fosamax Trial Scheduled to Begin August 11
Posted on August 11, 2009The first trial against Merck over its drug Fosamax will begin tomorrow in New York and may set the tone for all future cases, according to Bloomberg. Approximately 900 cases have been filed against the drug manufacturer due to the alleged loss of jawbone tissue caused by the drug...
Site Documents Stories of Hospital Medical Errors
Posted on August 11, 2009An investigation undertaken by the Hearst Newspapers and a Columbia University graduate journalism class seeks to shed light on the state of health care in the United States. According to the report, titled Dead by Mistake, “more Americans die each month of preventable medical injuries than died in the terrorist attacks of Sept...
Hospital Medical Errors Often Unreported, Study Reports
Posted on August 11, 2009According to a series of articles by Hearst Newspapers, many hospitals are still failing to report medical errors even after a report issued in 1999 outlined the need for reforms. The report, written by 22 physicians, called for improvements in patient safety and a nationwide system to track hospital errors...
Colorado Springs City Council approves request for red-light cameras, photo radar
Posted on August 11, 2009The Colorado Springs Police Department got the go-ahead Monday to install cameras that record motorists in the act of breaking the law when a majority of City Council members enthusiastically endorsed a plan by police to issue a request for proposals for red-light cameras at intersections with a lot of traffic accidents...
Lawsuit Filed Over Highway Construction Death
Posted on August 07, 2009A woman whose father and son were killed in a traffic accident on a stretch of Interstate 35 north of Dallas has filed a lawsuit against the Texas Department of Transportation and an Arkansas-based construction company. According to the wrongful-death lawsuit, the TxDOT and KKM Construction Inc...
Jail Negligent in Inmate Death, Lawsuit Claims
Posted on August 07, 2009A Houston jail and its nursing staff were negligent in the death of a 44-year-old diabetic woman, a lawsuit filed Thursday by family members alleges. According to the lawsuit, nurses at the Harris County jail failed to treat Margarita Saavedra for a painfully infected knee despite requests from the family, her attorney and jail doctors...
Lawsuit: Staffing Issues Jeopardized Patient Care
Posted on August 07, 2009Chronic under staffing at a California psychiatric facility put patients at risk, a class-action lawsuit filed by former workers claims. In the lawsuit, four former employees of Aurora Las Encinas Hospital in Pasadena allege that they were forced to work in unsanitary conditions and, in some instances, without pay...
Jury Awards Damages to Fired Worker
Posted on August 07, 2009A jury has ordered South Jersey Gas to pay $1.8 million for firing a man who suffered from depression. According to the lawsuit, the company failed to make reasonable accommodations for the man’s disability. The verdict, which includes $1.1 million in non-economic damages, is believed to be the largest in a single employment discrimination case [...
Senate Leader Asks Cigna for Answers on Small Business ?Purges?
Posted on August 07, 2009The chairman of the Senate Commerce, Science and Transportation Committee has asked Cigna Corp. to answer allegations that the insurer has dropped coverage for small businesses with seriously ill workers. In a letter to the company, Sen. John Rockefeller asked why Cigna executives had used words such as “purge” to describe the insurer’s small business [...
Sedative Abuse on the Rise Among Medical Professionals, Experts Fear
Posted on August 07, 2009A growing number of medical professionals are abusing the same drug administered to Michael Jackson shortly before he died, according to the New York Times. Experts say that the drug propofol, which can induce relaxation, mild euphoria or sleep, is favored by abusers because it is difficult to detect and is not a federally controlled [...
Family Settles Suit Over Car Wash Death
Posted on August 06, 2009The family of a woman crushed by another motorist’s car at a Massachusetts car wash has agreed to settle their lawsuit against the other driver. Robin Young died in 2007 after being struck by a car driven by Marie Pigaga. Pigaga was later charged with vehicular manslaughter...
College Appeals Order in Wrongful Death Suit
Posted on August 06, 2009A Rhode Island college is challenging a judge’s order to turn over documents related to the 2002 death of a student. In an appeal to the state supreme court, attorneys for Providence College argue that the documents are privileged and should not be released...
Widow Files Lawsuit in Death of Sewer Worker
Posted on August 06, 2009The wife of a sewer worker who died after being overcome by noxious gases has filed a wrongful death lawsuit against the town of Bulls Gap, Tenn. According to the lawsuit, the town failed to treat its sewage with a chemical to reduce dangerous concentrations of hydrogen sulfide...
Lawsuit Planned Over Fatal Drunken Driving Crash
Posted on August 06, 2009The families of two people killed by a drunken driver last month in New York plan to file a lawsuit against the relatives of the deceased driver. Attorneys for the families of the victims said they believe Diane Schuler’s relatives knew she was intoxicated before she crashed her minivan while traveling the wrong way on [...
Documents Show Influence of Ghostwritten Articles
Posted on August 05, 2009More than two dozen ghostwritten articles published in medical journals from 1998 to 2005 significantly advanced the use of hormone replacement treatments in women, recently released court documents suggest. The articles, commission by drug maker Wyeth, touted the benefits of the hormone drugs Premarin and Prempro while downplaying potential risks...
Florida Settles with Abused Foster Kids
Posted on August 05, 2009Two children who were placed in a foster home where they were starved and abused will receive $4 million under a settlement with the state of Florida. The settlement resolves pending lawsuits in state and federal courts that accused Florida of ignoring evidence of the abuse...
Drug Makers Agree to Settle Vytorin Suits
Posted on August 05, 2009Merck and Schering-Plough have agreed to pay a combined $41.5 million to settle more than 100 lawsuits filed by consumers and health plans over the cholesterol drug Vytorin. According to the lawsuit, the companies conspired to delay the release of studies that showed the drug to be no more effective than less expensive drug that [...
Judge Tosses NutriSystem Overtime Case
Posted on August 05, 2009A group of NutriSystem sales associates are not entitled to overtime pay from a Pennsylvania call center, a federal judge has ruled. In a 25-page opinion, Chief U.S. District Judge Harvey Bartle III rejected arguments by attorneys for the plaintiffs that the company’s pay scheme was comparable to "piecework" wages, instead finding that the plan [...
Patient Receives Damages for Misdiagnosis
Posted on August 05, 2009A Virginia jury has awarded $4 million to a woman whose heart condition was misdiagnosed by an emergency room physician. According to the lawsuit, the woman was forced to undergo a heart transplant as a result of the misdiagnosis. The condition could have been treated with medication had it been caught early enough, the lawsuit [...
Study Notes Spike in Antidepressant Use
Posted on August 04, 2009An estimated 27 million American took antidepressants in 2005, an increase of nearly 100 percent from the number of people taking the drugs in 1996, according to a study published in the August issue of Archives of General Psychiatry. The study’s lead author said that while the exact cause of the findings remains unclear, it [...
Lawsuit Filed Over Fatal Business Fire
Posted on August 04, 2009A Montana fishing lodge was negligent in the death of a 58-year-old woman who died in a fire in 2006, a lawsuit filed by the woman’s estate claims. According to the lawsuit, the owners of the business failed to install smoke detectors and other fire safety measures...
Court Dismisses Workers? Hidden Camera Suit
Posted on August 04, 2009Two women who were videotaped with a hidden camera cannot pursue a lawsuit against their employer, the California Supreme Court has ruled. According to the lawsuit, the women suffered emotional distress after learning that their office was being monitored without their knowledge...
Panel Looks at Electronic Device Use by Jurors
Posted on August 04, 2009The Indiana Judicial Conference is considering a rule to restrict the use of electronic devices by jurors during deliberations. The move comes one month after the Indiana Supreme Court allowed a civil verdict to stand despite a challenge involving a juror’s use of a cell phone during deliberations...
Damages Unchanged in Ford Defect Case
Posted on August 03, 2009Ford Motor Co. and a New Jersey Ford dealership should have to a pay a $8.3 million verdict awarded to a woman who lost use of her arm in an auto accident in 2000, a state appeals court has ruled. According to the original lawsuit, sludge buildup caused the throttle of the woman’s 1997 Ford [...
Patient Awarded Damages for Botched Colonoscopy
Posted on August 03, 2009A New Mexico jury has ordered a general surgeon to pay $1 million in damages for failing to repair a colon perforation after a colonoscopy, the Las Cruces Sun-News reports. The tiny hole continued to leak fecal matter into the patient’s abdomen for 11 days before it was found and repaired, an attorney for the [...
Family Files Lawsuit Over Fatal Crash
Posted on August 03, 2009The Missouri Highways and Transportation Commission failed to install a barrier to protect drivers from going over a bluff along Interstate 55 despite knowing that road conditions in the area were dangerous, a lawsuit by the family of a woman killed in an accident last year claims...
Doctor Negligent in Death of Child, Jury Finds
Posted on August 03, 2009A doctor was negligent in the death of a newborn during a 2005 delivery at Frederick Memorial Hospital, a Maryland jury has ruled. In the verdict, jurors concluded that Dr. Leonard Bienkowski violated the standard of care by using a vacuum device without explaining the risks to the parent...
State Officials Renew Investigation of Pesticide
Posted on August 03, 2009California regulators have resumed investigations into a controversial pesticide that has been linked to cancer and other health problems, the Los Angeles Times reports. The California Department of Pesticide Regulation had suspended its peer review of the fumigant methyl iodide amid state budget shortfalls...
Hospital Knew Doctor Was a Danger, Lawsuit Claims
Posted on August 03, 2009A Kentucky court is scheduled to hear arguments Monday in a lawsuit that accuses Meadowview Regional Medical Center of negligence in the employment of a doctor linked to the death of a 71-year-old patient. According to reports, another doctor warned hospital officials that John Christian Gunn was a danger to patients...
Doctors Find Windfall in Self-Referrals
Posted on August 03, 2009As debate over a proposed health care overhaul continues, lawmakers and other parties have failed to address how to rein in so-called physician self-referrals that critics argue significantly drive up medical costs, the Washington Post reports. According to documents, one medical practice ordered 700 percent more CT scans in the months after it purchased its [...
Editorial: Prosecution of Whistleblower Nurses is Improper
Posted on August 03, 2009The indictment of two nurses who complained to superiors about the conduct of a West Texas doctor is an unacceptable miscarriage of justice, according to an editorial published in the Austin American-Statesman. The nurses were charged with "misuse of official information" when the doctor filed a harassment complaint in response to news that he was [...
Troubled Bus Firms Remain Open Under New Names, Report Finds
Posted on July 30, 2009A new report from the Government Accountability Office has concluded that scores of commercial bus and tractor-trailer companies ordered to close because of safety violations remain in operation under new names. According to the report, at least 20 bus companies and nearly 1,100 trucking companies are believed to have dodged compliance that should have forced [...
Jury: Hospital Negligent for Paralysis
Posted on July 30, 2009A New York jury has awarded $19.2 million to a man who was left paralyzed by the negligence of a Bronx hospital. According to court documents, staff at the Montefiore Medical Center failed to diagnose an infection on Wilfredo Figueroa’s spinal cord that ultimately caused paralysis...
Hepatitis Outbreak May Affect Other Hospitals
Posted on July 30, 2009Texas health officials are investigating whether a surgery technician implicated in a hepatitis C scare in Colorado may have spread the disease while she worked at a Houston-area hospital during 2005 and 2006. A spokesperson for the Texas health department said the agency is trying to determine whether Kristen Diane Parker had hepatitis C while [...
Texting Significantly Increases Crash Risk, Study Says
Posted on July 29, 2009Sending or receiving text messages while driving significantly increased the risk of collisions among long-haul truck drivers, a new study has concluded. According to the study, the truckers took their eyes off the road for about five seconds while texting...
Claims Planned in VA Infections
Posted on July 29, 2009A Tennessee attorney said he plans to file claims on behalf of scores of veterans who may have been exposed to hepatitis or HIV while being treated at VA hospitals. According to reports, as many as 10,000 veterans may have been exposed to infectious body fluids at three separate VA hospitals...
Jury Sides with Hospital in Patient Deportation Case
Posted on July 29, 2009A jury on Monday sided with a Florida hospital accused of wrongly repatriating a severely brain-injured illegal immigrant who had been a patient since 2000. In the verdict, jurors concluded that Martin Memorial Medical Center’s actions had not been unreasonable or unwarranted under the circumstances...
City Settles Suit Over Wrongful Convictions
Posted on July 29, 2009Two men who spent nearly 14 years in prison for a murder they did not commit will share $7.5 million under a proposed settlement, the San Francisco Chronicle reports. The convictions of Antoine Goff and John "J.J." Tennison were overturned in 2003 after a federal judge ruled that San Francisco city prosecutors withheld evidence that [...
Tanning Beds Cause Cancer, Study Says
Posted on July 29, 2009A new study has concluded that the use of tanning beds raised the risk of skin cancer by 75 percent among persons who began tanning before age 30. The risk assessment, produced by the International Agency for Research on Cancer, now classifies tanning beds in the same category as carcinogens such as cigarettes...
FDA Issues Warning on Body-Building Supplements
Posted on July 29, 2009An unknown number of body-building products marketed as nutritional supplements may contain steroids and could cause liver and kidney problems, the Food and Drug Administration has warned. Specifically, the warning applies to eight supplements sold by American Cellular Labs that the FDA says contain hidden steroids...
Jury Orders Guess Founder to Pay Damages to Workers
Posted on July 29, 2009Jurors in California have ordered Georges Marciano to pay $370 million to five former employees who claimed the Guess Jeans co-founder harassed and defamed them, the Los Angeles Times reports. According to the suit, Marciano accused the employees of stealing from him and conspiring to sell his property...
Judge Schedules Remaining 9/11 Trials
Posted on July 29, 2009A federal judge has scheduled the first of three remaining wrongful death lawsuits stemming from the Sept. 11 terrorist attacks for April 12. In scheduling the trial, U.S. District Judge Alvin K. Hellerstein said he wanted the first trial to focus on a case involving victims aboard the hijacked planes...
Medtronic Paid Doctor to Testify Before Lawmakers
Posted on July 29, 2009A medical professor at the University of Minnesota received $6,000 from medical device maker Medtronic in exchange for testimony that urged lawmakers to continue funding medical research involving a bone growth product called Infuse, according to the New York Times...
Negligence Led to Amputation, Lawsuit Claims
Posted on July 25, 2009An Indiana orthopedics facility deviated from the standard level of care in the treatment of a woman whose leg was amputated after a blood clot blocked circulation, a lawsuit filed this week claims. According to court documents, Orthopedics Northeast of Fort Wayne failed to diagnose the blood clot despite symptoms indicating a vascular problem...
Jury Orders Damages for Hip Replacement Injury
Posted on July 25, 2009A New York state jury has ordered an orthopedic surgeon to pay $223,000 for medical malpractice. In the ruling, jurors found that Dr. Matthew Landfried had deviated from the standard level of care. According to attorneys for the plaintiff, Landfried negligently installed a prosthetic hip leading to pain, suffering and subsequent surgeries.
Lawsuit Filed Over Near-Drowning
Posted on July 25, 2009A Baltimore-area swim club was negligent in the near-drowning of a 15-year-old boy, a lawsuit filed by the boy’s parents claims. According to the lawsuit, Woodcroft Swim Club in Parkville and D.R.D. Pool Management Inc. failed to respond and provide aid to the struggling boy...
Hospital Wrongly Deported Patient, Lawsuit Claims
Posted on July 25, 2009A jury is set to decide whether a Florida hospital should be held liable for secretly returning a severely brain damaged man to his native country. In a lawsuit, the man’s cousin and legal guardian alleges that Martin Memorial Medical Center falsely imprisoned 37-year-old Luis Jimenez and violated federal law by essentially deporting him to [...
Doctor Settles Suit Over Botched Surgery
Posted on July 24, 2009A former doctor in Missouri has agreed to pay an undisclosed sum to settle claims that he botched a 2006 colon procedure. According to the lawsuit, Dr. Michael Impey punctured John W. Campbell’s colon, an injury that caused the patient to subsequently lose about one foot of his colon...
Judge Orders Punitive Damages be Paid to Veteran?s Estate
Posted on July 24, 2009A federal judge has ordered the government to pay nearly $750,000 to the estate of a veteran who lost much of his vision during a 2006 surgical procedure. In an 18-page ruling, U.S. District Judge Tom Lee found that the Veterans Administration medical facility in Jackson, Miss...
Family Files Wrongful Death Claim Against Treatment Center
Posted on July 24, 2009The family of a teenager who died last year at a church-run treatment center has filed a lawsuit alleging negligence on behalf of Catholic Charities Services Corporation and its staff. A coroner’s report concluded that the teen suffocated on her own vomit while being restrained...
Doctor Impaired During Surgery, Lawsuit Says
Posted on July 22, 2009Jurors began hearing arguments this week in a trial that claims a Missouri doctor was negligent in an incident that resulted in the removal of about a foot of a patient’s colon. In the medical malpractice lawsuit, the plaintiff claims that Dr. Michael Impey was under the influence of painkillers during the procedure...
Debt Firm Named in Harassment Lawsuit
Posted on July 22, 2009A Cleveland debt collection agency threatened, harassed and deceived consumers in violation of state and federal law, a lawsuit filed by the Ohio attorney general claims. According to the lawsuit, debt collectors with National Enterprise Systems of Solon used abusive language, failed to verify debts and made unauthorized withdrawals from consumer bank accounts...
Officials Investigating How Routine Surgery Led to Amputation
Posted on July 22, 2009The Air Force and others are investigating the circumstances that caused a 20-year-old airman to lose both his legs following a routine gallbladder surgery. According to reports, surgeons failed to adequately repair a large artery after nicking it during surgery...
Doctors Find Value in Saying Sorry
Posted on July 21, 2009The University of Michigan Health System found that the number of malpractice claims filed against them has been halved, the backlog of open claims reduced, the amount of time to resolve a claim lessened and the costs per claim reduced fifty percent. The health system’s risk officer said the change that brought about these benefits [...
Rise in Online Medical Ratings Leads to Gag Orders
Posted on July 21, 2009With the increase in online sites such RateMDs.com, DrScore and Vitals.com where patients can post reviews of doctors, more doctors are requiring patients to sign forms prohibiting any online posting without their prior approval. The enforceability and ethics of the requirement are debatable, particularly when consumers are tasked with being more informed about their healthcare [...
Hospitals Reveal Mistakes
Posted on July 21, 2009Recently-passed laws in several states that require hospitals to detail serious injuries reveal the frequency and variety of so-called “never events” which should never happen. In some states the hospitals in which the events occurred are identified, while other states only compile the injuries without revealing the hospital involved...
Lawsuit: Doctors Failed to Notify Patient of Tumor
Posted on July 20, 2009Six doctors failed to notify a patient of a brain tumor despite a MRI showing the tumor, a lawsuit filed Friday alleges. A CT scan performed after the plaintiff had a seizure revealed the tumor, one year after the MRI was taken. Mercy Health Systems and the doctor’s insurers were also named as defendants.
Family Settles Lawsuit Against Hog Farm
Posted on July 20, 2009A $1.1 million settlement was reached in a lawsuit over odors from a hog farm built less than 1,000 feet from the home of Ed and Ruth McEowen. According to the suit, the farm operator violated Missouri Department of Natural Resources regulations by failing to obtain construction or operating permits from the agency...
Prosecutors Indict Nurses Who Complained About Doctor
Posted on July 20, 2009Prosecutors have indicted two nurses who complained to state officials about the standard of care provided by a Texas doctor, according to the Fort Worth Star Telegram. The Texas Nurses Association has protested the indictments, saying such actions could have a chilling effect on whistleblowers who seek to expose medical misconduct...
Court Reinstates Award in Dram Shop Case
Posted on July 20, 2009A Washington state family injured in a crash with a drunken driver is entitled to $14 million in damages, the state’s highest court has ruled. In reinstating the judgment, the justices held that the family had sufficiently proved "negligent overservice" under state dram shop laws...
Funeral for Police Officer who died in a motorcycle crash
Posted on July 16, 2009The funeral for Officer Michael Builta who died after a motorcycle crash has been scheduled for noon on Saturday July 18. Services will be held at the First United Methodist Church located at 420 N. Nevada Avenue. Following the service, there will be a reception at the CSPD Stetson Hills Division Community Room located at 4110 Tutt Blvd...
Truck Drivers tried to dodge each other
Posted on July 16, 2009Michigan police say two truck drivers tried to dodge each other to prevent further devastation in an accident in which a car lost control on a Detroit area highway causing a fuel tanker to explode and an overpass to collapse. Part of Interstate 75 remained closed Thursday morning with debris still smoldering a day after the [...
Jury Awards Damages to Helicopter Crash Victims
Posted on July 15, 2009An Iowa jury has awarded more than $11 million to the families of two men killed in a 2006 helicopter crash, the Des Moines Register reports. In the verdict, jurors assigned the majority of liability for the crash to the pilot of the helicopter. Remaining liability was assigned to a film company that hired the [...
Whistleblower: Device Makers Cheated Medicare
Posted on July 15, 2009A former Boston Scientific saleswoman has filed a lawsuit accusing the company and six other firms of defrauding the federal Medicare program by promoting surgical devices for off-label uses. According to the whistleblower lawsuit, the companies violated the federal False Claims Act by encouraging health care providers to perform a heart procedure as a more [...
Arbitration Group Hid Ties to Lenders, Lawsuit Says
Posted on July 15, 2009Minnesota Attorney General Lori Swanson filed a lawsuit Tuesday accusing one of the nation’s largest arbitration service providers of hiding its ties to the debt-collection and banking industry. In the lawsuit, Swanson alleges that the National Arbitration Forum encouraged loan providers to include arbitration agreements in their consumer contracts and at times assisted credit issuers [...
New Patients Lodge Complaints Against Eye Doctor
Posted on July 15, 2009Six patients have lodged new complaints against a Chicago eye doctor who has been named in dozens of previous medical malpractice lawsuits. In a formal complaint with the Illinois Department of Financial and Professional Regulation, the patients allege that Dr...
Jury Orders DuPont to Pay for Chemical Spill
Posted on July 15, 2009Chemical company DuPont was liable for a 2004 chemical spill that injured nearly 180 people living near an eastern Kentucky plant, a federal jury has found. The spill was caused by a cracked pipe that leaked airborne sulfuric acid into the atmosphere...
Court Rejects Greater Protection for Bystanders
Posted on July 14, 2009John Deere & Co. cannot be held liable for a riding lawnmower accident that severed the feet of a two-year-old boy, the Wisconsin Supreme Court has ruled. The justices held that bystanders are not entitled to any greater protection from dangerous products and that the accident resulted from negligent use of the mower and negligent [...
Judge Approves Settlement in Strip-Search Lawsuit
Posted on July 14, 2009A federal judge has granted approval for a $3.2 million settlement involving more than 500 people illegally strip searched at an Arizona jail. According to the lawsuit, Santa Cruz County violated the 4th Amendment Rights of those arrested by subjecting them to strip searches, regardless of offense...
Birth Control Pills Subject of Lawsuits
Posted on July 14, 2009Plaintiffs filed four lawsuits last week accusing Bayer HealthCare Pharmaceuticals of downplaying risks associated with a popular line of birth control pills. According to attorneys familiar with the case, Bayer failed to adequately warn doctors and consumers about the potential side effects of Yaz and Yasmin birth control pills while exaggerating the supposed benefits...
Court Rejects Mandatory Arbitration Agreement
Posted on July 14, 2009Dell cannot enforce consumer contracts requiring arbitration, Massachusetts Supreme Judicial Court has ruled. In the July 2 ruling, the court held language in the contract prohibiting consumers from pursuing class actions was contrary to public policy...
Misdiagnosis Prompts Record Damages
Posted on July 14, 2009A Tennessee jury has ordered a Memphis doctor and her clinic to pay nearly $24 million for failing to diagnose a woman’s breast cancer. According to the lawsuit, the woman had complained of a lump in her breast for about 18 months. The award is believed to be one of the largest medical malpractice verdicts [...
Regulators Troubled About Crib Safety
Posted on July 13, 2009More than 4.5 million cribs have been recalled because of safety problems since 2007, according to a column published in the Atlanta Journal Constitution. However, experts say that many children may still be in danger because many parents may not be aware they have products affected by the recalls...
Lawsuit Filed Over Illinois Train Derailment
Posted on July 13, 2009Officials in Illinois have filed a lawsuit over a deadly train derailment that may have contaminated local waterways and soil. According to the lawsuit, ethanol spilled during the derailment poses a potential threat to residents and the environment. Canadian National Railway has already agreed to provide environmental monitoring for areas near the site of the [...
Metro Faces Significant Liability Over Crash
Posted on July 13, 2009The Washington Metro subway system is bracing for a wave of lawsuits following a crash last month that killed nine and injured 80, the Washington Post reports. Potential liability for the crash remains unclear but experts estimate that damages could reach into the hundreds of millions...
Contradictory Testimony Leads to Settlement
Posted on July 13, 2009A Texas-based drilling company has agreed to pay $16 million to settle a lawsuit by the family of a woman killed by gas well equipment that fell from a company truck. The settlement was reached after the Pioneer Drilling truck driver admitted that he had given conflicting testimony in the case...
Judge Threatens Sanctions for Blog Postings
Posted on July 12, 2009A Harvard Law School professor is in hot water over deposition excerpts he posted to an Internet blogging site. In a July 7 order, Judge Nancy Gertner demanded that professor Charles Nesson explain why he violated previous orders prohibiting deposition recordings in a copyright infringement case from being posted on the Internet...
Witness of Medical Malpractice Not Entitled to Damages
Posted on July 12, 2009Witnesses of medical malpractice cannot seek damages for emotional distress, the Wisconsin Supreme Court has ruled. The decision stemmed from $200,000 in damages awarded to a father whose son died during birth while being attended by an unlicensed, first-year medical resident...
Enforcement of Pool Safety Law Lagging
Posted on July 12, 2009A law that aimed to prevent children and other swimmers from becoming trapped in pool drains has gone largely unenforced, the Arizona Republic reports. According to the newspaper, officials in Arizona and across the nation have been slow to force public pools to comply with the federal Virginia Graeme Baker Pool and Spa Safety Act...
Lawmakers Seek Details About Bottled Water Safety
Posted on July 10, 2009Lawmakers are asking the makers of bottled water to turn over information about the source of their water and how it was treated. The request comes after members of Congress heard testimony questioning the oversight and safety of the bottled water industry...
Fall Hazards Prompt Play Yard Recall
Posted on July 10, 2009The Consumer Product Safety Commission has recalled about 1 million Kolcraft play yards imported to the United States since January 2000. In a statement, the agency said the play yards, manufactured for Carter’s, Sesame Street, Jeep, Contures, Care Bear and Eric Carle, could pose a fall hazard to children...
Nine Companies Fined for Lead Violations
Posted on July 10, 2009Federal safety officials have fined nine companies more than $500,000 for knowingly manufacturing, selling or importing toys contaminated with lead. According to the Consumer Product Safety Commission, the fines stem from the manufacture, sale or import of items recalled in 2007 and 2008...
Court OKs Damages for Loss of Household Services
Posted on July 10, 2009The family of a woman who died following a Cesarean section can pursue damages for medical malpractice, the Michigan Supreme Court has ruled. In a 4-3 decision, the court rejected arguments on behalf of Mercy Memorial Hospital and physicians that loss of household services should be considered noneconomic damages...
Lawsuit Filed Over Indiana Bridge Collapse
Posted on July 10, 2009A northwestern Indiana township was negligent in the collapse of pedestrian bridge following a 4th of July fireworks show, a lawsuit filed this week claims. According to an attorney for the plaintiffs, about 100 people were allowed on a bridge designed to hold no more than 40 people...
Officials Probe Health Problems in Texas Town
Posted on July 10, 2009About 100 residents of a small Texas town are scheduled to participate in interviews with state and federal officials as part of an inquiry into whether industrial pollution is to blame for a variety of health problems. According to researchers, Midlothian, located southeast of Fort Worth, has significantly higher rates of Down syndrome and birth [...
Traveling - watch the road and remember where you are?
Posted on July 09, 2009The Allstate Insurance Company today released its fifth annual "America’s Best Drivers Report™." The report ranks America’s 200 largest cities in terms of car collision frequency to identify which cities have the safest drivers according to Allstate data...
FDA Order New Warning for Darvocet
Posted on July 08, 2009The Food and Drug Administration has ordered the makers of Darvocet and similar drugs containing propoxyphene to carry a stronger warning about the risk of potential overdose. The agency declined to pull the drug from the market despite calls from consumer groups to do so...
Court: Wrongful Death Claim Barred by Statute of Limitations
Posted on July 08, 2009A woman whose husband died after doctors left a sponge in him during surgery cannot pursue claims of medical malpractice and wrongful death, the Wisconsin Supreme Court has ruled. In the ruling, the justices found that the claims were barred by state statute of limitations...
Families File Lawsuit Over Deadly Crash
Posted on July 08, 2009Two West Virginia bars that served a patron later involved in deadly auto crash knew or should have known that he was impaired, a lawsuit filed by the families of those killed or injured in the crash claims. According to reports, the driver blamed for the crash had been arrested at least six times for [...
Ski Resort Settles Suit Over Avalanche Death
Posted on July 08, 2009The Las Vegas Ski and Snowboard Resort and others have agreed to pay an undisclosed sum to settle a lawsuit filed by the family of a 13-year-old boy killed in a 2005 avalanche on Mount Charleston. According to the lawsuit, the resort ignored avalanche warnings on the day of incident in order to save money...
Lawsuits Expected in Colorado Hepatitis C Outbreak
Posted on July 08, 2009Thousands of patients who were potentially exposed to hepatitis C at a Colorado hospital could file lawsuits against the facility, according the Denver Post. Health officials on Tuesday confirmed that they had identified a 10th case of hepatitis C among patients who had undergone surgery at Rose Medical Center in Colorado Springs...
City of Des Moines, Iowa to seek Separate Suits in Fee Lawsuit
Posted on July 08, 2009For the fourth time, the city of Des Moines is asking a judge to force utility customers who were overcharged on electric and natural gas bills to pursue their claims separately, the Des Moines Register reports. The class-action lawsuit stems from a 5 percent franchise fee charged to utility customers from at least 2004 to [...
Judge Blocks Appeal in GM Case
Posted on July 08, 2009A bankruptcy judge has ruled against a move by asbestos and car accident claimants who sought an expedited appeal in the sale of General Motors Corp. Claimants had sought to have their appeal to block the sale heard directly by the U.S. Court of Appeals in New York...
Treasury to Push Forward with New Consumer Agency
Posted on July 08, 2009Treasury Department officials last week promised to push forward with plans to create a new consumer finance regulatory agency despite shouts from the financial services industry decrying the plan. Plans for the proposed agency were detailed in a draft bill sent to lawmakers last week...
Study Links Computer Use to Injuries
Posted on July 07, 2009Computer use is landing an increasing number people in doctors’ offices or in the emergency room, according to a study published in the July issue of the American Journal of Preventative Medicine. In the study, researchers found that emergency room visits for computer-related injuries rose from 1,267 to 9,279 from 1994 to 2006...
Government Knew of Contaminated Water, Lawsuit Says
Posted on July 07, 2009A North Carolina military base knowingly exposed hundreds of thousands of Marines to contaminated drinking water over several decades, a lawsuit filed Monday claims. In the suit, 45-year-old Laura Jones, whose husband was stationed at Camp Lejeune, claims she developed lymphoma as a result of the exposure...
Jury: Police Discriminated Against Pregnant Officer
Posted on July 07, 2009The Suffolk Park Police Department discriminated against a female police officer by forcing her to choose between working during pregnancy or taking unpaid leave, a federal court jury has ruled. Jurors also found that the department had retaliated against the woman by denying her paid leave donated by her husband, a fellow officer...
Attorneys Reach Last Minute Settlement in Birth Injury Case
Posted on July 07, 2009An Ohio jury has awarded $31 million to the family of a child who suffered brain damage during birth, the Dayton Daily News reports. However, attorneys representing Miami Valley Hospital and the family reached an undisclosed settlement agreement while jurors deliberated...
Lawsuit Filed Over Recalled Meat
Posted on July 07, 2009Attorneys filed a lawsuit Monday on behalf of a New Mexico boy who claims he was sickened after eating tainted meat from a Colorado slaughterhouse. According to the lawsuit, 13-year-old Alex Roerick of Albuquerque had to be hospitalized after eating meat produced at the JBS Swift & Co...
VA Hospital Showed Systemic Failures
Posted on July 07, 2009Safety problems at a Pennsylvania VA hospital go far deeper than a renegade physician blamed for botching scores cancer treatments, according to the Philadelphia Inquirer. The newspaper cites a Veterans Affairs investigation report that found the Philadelphia VA Medical Center used staff that lacked experience developing and administering radiological treatments...
Lawsuit Filed over Use of Likeness in Video Game
Posted on July 06, 2009A college quarterback has filed a lawsuit over the use of his likeness in a video game produced by Electronic Arts. The plaintiff alleges that the company and the National Collegiate Athletic Association profit illegally from the sale of video games which showcase N...
Lawsuit Alleges Flight Attendant Exposure to Fumes
Posted on July 06, 2009A former flight attendant has filed a lawsuit against Boeing after being allegedly exposed to hazardous fumes while working aboard the aircraft. The plaintiff claims that the manufacturer was aware that the air intake design could allow hazardous fumes to be transferred from the engine to the passenger cabin...
Lawsuit Filed Over Unprovoked Taser Use
Posted on July 06, 2009A County Police Department has been sued over the alleged inappropriate and unprovoked use of a Taser. The plaintiff asserts that, while he was serving three officers at a local restaurant, one officer zapped him with the Taser without warning while the others observed and laughed...
Class Certification Denied in Magazine Renewal Case
Posted on July 06, 2009A class certification request in an automated magazine renewal case has been denied due to a lack of commonality. The judge ruled that the circumstances surrounding each individual case were unique and therefore lacked the uniformity required to certify the class...
Concerns Raised over Inadequate Medical License Review
Posted on July 06, 2009An investigation has raised concerns over whether the Illinois Department of Financial and Professional Regulation is adequately addressing medical malpractice complaints. Despite over 50 lawsuits for medical malpractice, one Chicago ophthalmologist still maintains his medical license...
Levaquin Cases Certified as N.J. Class
Posted on July 06, 2009Class certification has been approved in Atlantic County, New Jersey, for cases involving Levaquin, an antibiotic manufactured by Johnson & Johnson for bacterial infections. The plaintiffs allege that Levaquin caused tendon ruptures and tendonitis, and patients who had a transplant or were over age 60 were most commonly affected...
Settlement Reached in Cyclist?s Death
Posted on July 02, 2009Santa Clara County reached a $2.3 million settlement in the death of Matt Peterson, a cyclist who was killed after a sheriff’s deputy fell asleep at the wheel and drove into a group of cyclists. Another cyclist was killed and one was injured. The county, who accepted responsibility and has apologized to the victims’ families, [...
Judge Permits 1964 Civil Rights Case to Proceed
Posted on July 02, 2009A civil lawsuit filed over two 1964 murders can proceed after the presiding U.S. District Court Judge cited a 5th U.S. Circuit Court of Appeals decision which stated the statute of limitations “does not run until the plaintiff is in possession of the ‘crucial facts’ that he has been hurt and the defendant is involved...
Award Issued for Injury at Home Improvement Store
Posted on July 02, 2009An injured customer and his wife were awarded $1.5 million by a jury after he was hurt at a local home improvement store. In the lawsuit, the customer claimed he was hurt after a pallet of plywood fell from a forklift and hit a barricade, which knocked him over and caused injuries to the neck [...
Advocates File Lawsuit over Autism Therapy Coverage
Posted on July 02, 2009Autism advocates have filed a lawsuit against the California Department of Managed Health Care to force the department to require insurance companies to pay for physician-ordered services. Insurers argue that physician-ordered behavior-modification therapy for autistic patients is educational and not a valid medical expense, resulting in a denial of coverage...
Panel Recommends Acetaminophen Dosage Changes
Posted on July 02, 2009In an effort to reduce liver failure and acetaminophen overdoses in the U.S., an expert panel has made several recommendations to the Food and Drug Administration. The panel endorsed a decrease in the maximum dosage of acetaminophen recommended and the removal of prescription drugs that combine it with other painkillers...
Advocates Warn of Pool Filter Dangers
Posted on June 26, 2009A California woman is waging a personal battle to raise awareness about the dangers of certain swimming pool filters following the death of her husband. Jim Halverson suffered fatal injuries when his pool’s two-piece, kettle style filter exploded and struck him in the head...
Supreme Court OKs Punitive Damages in Tugboat Case
Posted on June 26, 2009A tugboat crew member can pursue a punitive damages claim against his employer for injuries suffered on the job, the Supreme Court ruled on Thursday. In a 5-4 decision, the court found that there was no legal impediment to punitive damages in the case...
Jury Awards Damages for Wrongful Death
Posted on June 26, 2009A McDonald’s franchisee and the company that owns the land where the restaurant sits were negligent in the strangling death of a 21-year-old man, a Florida jury has ruled. Jurors found that Brickman Management Company and B&B Cash Grocery Stores failed to provide adequate security for the parking lot where the incident occurred...
Justices Rule Strip Search Suit Can Proceed
Posted on June 26, 2009The parents of a former middle school student can pursue their lawsuit against an Arizona school district over the strip search of their daughter, the Supreme Court has ruled. In an 8-1 decision, the justices found that school officials violated the rights of the then 13-year-old girl who they believed was hiding prescription-strength ibuprofen in [...
Jury Awards Damages in Fatal Crash
Posted on June 25, 2009The California Department of Transportation was partially negligent in a crash that killed two teenagers, a jury has ruled. According to the lawsuit, the agency knew the rolling mountain road was unsafe. The jury agreed and awarded $6.3 million in damages to the families of those killed and a survivor injured in the accident.
Grout Cleaner Liability Suits Move Forward
Posted on June 25, 2009Dozens of product liability lawsuits over injuries allegedly caused by a tile grout cleaning product will go forward as general negligence claims, a federal judge has decided. However, in ruling on the multidistrict litigation, U.S. District Judge Thomas W...
Insurer Refuses to Pay Damages to Accident Victim
Posted on June 25, 2009A New Jersey county’s insurance company is refusing to pay a multimillion dollar verdict awarded to an accident victim because it says the county mishandled a lawsuit stemming from the accident. State National Insurance Co., the excessive-liability insurance carrier for Camden County, claims that a county attorney did not properly prepare for trial or adequately [...
Judge Tosses Class in Sprint Billing Case
Posted on June 25, 2009A federal judge has declined to certify a national class action against Sprint Nextel Corp. over claims of unfair billing practices. In a written decision, U.S. District Judge Robert Bryan found that plaintiffs failed to show that handling the case as a class would be more efficient than hearing the cases individually...
FDA Announces New Pistachio Recall
Posted on June 24, 2009Pistachios distributed to airports and hotels nationwide may contain salmonella, the Food and Drug Administration warned consumers on Monday. According to the agency, California Prime Produce and Orange County Orchards brands of pistachios may contain nuts included in a previous recall of Setton Pistachio of Terra Bella Inc...
Court Rules Malpractice Suit Should Proceed
Posted on June 24, 2009A Wisconsin judge erred in dismissing a medical malpractice lawsuit filed by an elderly woman, a state appeals court has ruled. According to the lawsuit, Dr. Mark Wikenheiser was negligent in causing nerve damage and partial foot paralysis during a 2003 hip surgery...
Jury Hears Closing Arguments in Wrongful Conviction Case
Posted on June 24, 2009Federal jurors in Houston heard closing arguments Tuesday in a case involving a man who spent 17 years in prison after being wrongly convicted of kidnapping and sexual assault. Attorneys for the plaintiff urged the jury to award the man $35 million and hold the city responsible for misconduct by the Houston crime lab that [...
Juries Hand Down Sizeable Awards in Med-Mal Cases
Posted on June 24, 2009Juries in Indiana have awarded plaintiffs $1.21 million and $5 million in two medical malpractice cases, the Indianapolis Star reports. The verdicts stem from cases involving an unnecessary foot surgery and a miscommunication about X-rays which caused the plaintiff to lose a portion of her stomach...
Judge Awards Damages to Paralyzed Trucker
Posted on June 24, 2009A Florida judge on Tuesday awarded $14.6 million to a truck driver paralyzed in a 2007 accident. According to an attorney for Derry Brown Jr., the suit was filed against National Casualty Co. as an uninsured motorist claim. The accident occurred when the driver swerved to avoid another driver who ran a stop sign...
Settlement Reached in Firefighter?s Death
Posted on June 22, 2009Frederick County (Maryland) reached a $300,000 settlement in the death of Andrew J. Waybright, a firefighter who died of heatstroke in 2002 while training for a full-time position with the county. His parents filed a wrongful death suit against the county after the 23-year old died, claiming the county was negligent by not identifying their [...
Age Discrimination Case Overturned by Supreme Court
Posted on June 22, 2009The U.S. Supreme Court overturned an award in an age-discrimination case, finding that plaintiffs must meet a higher standard when filing claims under the Age Discrimination in Employment Act than when filing claims under Title VII, which covers racial and gender discrimination...
TSA Sued Over Searches
Posted on June 22, 2009In March of 2009, Steve Bierfeldt was travelling through Lambert-St. Louis International Airport when he was detained by the Transportation Security Administration for nearly 30 minutes after he put about $4,700 in cash through a security x-ray machine...
Nurses Can Provide Expert Testimony in Pennsylvania
Posted on June 22, 2009A Pennsylvania state ban on allowing registered nurses to provide expert testimony has been overturned by the Pennsylvania Supreme Court. The impact of the decision may be limited because of 2002 legislation known as the MCARE Act which requires expert witnesses in medical professional liability cases to be a registered physician or a recent retiree...
Group Threatens Suit Over Bayer?s Health Claims
Posted on June 22, 2009Bayer HealthCare’s claims that it’s One-A-Day Men’s Health Formula and 50+ Advantage supplements help prevent prostate cancer are misleading, according to a statement released by The Center for Science in the Public Interest. The group said it intends to sue the company if it does not stop airing ads claiming the ingredient selenium provides protection [...
Lawsuit Filed Over Commuter Plane Crash
Posted on June 18, 2009Continental Airlines and Colgan Air were negligent in the crash of a commuter plane crash near Buffalo, N.Y. earlier this year, a lawsuit filed by the family of a man killed in the crash claims. In the lawsuit, the wife of Coleman Mellett alleges that the carriers were recklessly and wantonly negligent in the crash...
Worker Settles Suit Over Ferry Accident
Posted on June 18, 2009A general contractor has agreed to pay $1 million to settle a lawsuit filed by an electrician who fell through a hole in a fueling pier at the St. George Ferry Terminal in 2006. According to the lawsuit, Russell Menicucci suffered herniated discs in his neck and back when he stepped through a large hole [...
Jury Awards Damages for Misdiagnosis
Posted on June 18, 2009An Indiana jury has ordered several Indianapolis health care providers to pay a combined $5 million to a woman who was misdiagnosed in 2000. According to the lawsuit, Clarian Health Partners, Radiologic Specialists of Indiana and Dr. Richard L. Gilmor failed to diagnose that the woman had suffered a ruptured diaphragm...
Judge Sides With Worker in Whistleblower Complaint
Posted on June 18, 2009A Michigan judge has ordered the City of Detroit to pay damages to a former fire department EMS worker who claimed he was fired for reporting an alleged assault by the wife of former mayor Kwame Kilpatrick. Oakland County Chief Circuit Judge Wendy Potts issued a default judgment after attorneys for the city failed to [...
Medtronic Discloses Payments to Accused Doctor
Posted on June 18, 2009A former military surgeon accused of falsifying medical research received more than $780,000 from Medtronic between 2001 and 2009, according to information released on Wednesday by the company. Medtronic said the payments to Dr. Timothy R. Kuklo were reimbursement for travel expenses, speaking engagements, training other doctors or other consulting services...
FDA: Cold Remedy Could Damage Sense of Smell
Posted on June 17, 2009A popular cold remedy could irreparably damage its user’s sense of smell, the Food and Drug Administration warned consumers Tuesday. According to the agency, there have been 130 reported cases of consumers who used Zicam nasal products losing their sense of smell since 1999...
Lawsuit Filed Over Baby Gender Test
Posted on June 17, 2009The maker of a prenatal gender test defrauded six New York City mothers, according to a lawsuit filed Monday in Manhattan. In the lawsuit, an attorney for the women claims that the $275 Baby Gender Mentor test by Acu-Gen Biolab Inc. returned inaccurate results...
Family Files Suit Over Fatal Bridge Crash
Posted on June 17, 2009A woman charged in a crash that led to the death of a truck driver on Maryland’s Bay Bridge last year has been named in a lawsuit by the trucker’s family members. According to the lawsuit, Candy Lynn Baldwin was under the influence of alcohol at the time of the accident...
Jury Dismissed in Wrongful Death Case
Posted on June 17, 2009A Florida judge has dismissed the jury in a wrongful death case stemming from a 2005 brawl that left one man dead, according to the St. Petersburg Times. Attorneys for the plaintiff, the newspaper reports, objected to the jury after uncovering evidence that some of the jurors failed to respond accurately to jury questionnaires...
Lawsuit Claims Lender Defrauded Investors
Posted on June 17, 2009Hundreds of Hurst Financial investors have filed a lawsuit against the lender, a Houston-based title company and others over what they allege was a multimillion-dollar Ponzi scheme. In the lawsuit, plaintiffs allege that Hurst and Stewart Title defrauded investors by creating fake escrow accounts used to pay off previous investors...
Venue for Air France Crash Lawsuits Up in the Air
Posted on June 17, 2009Attorneys for the families of victims of the Air France Flight 447 crash are wrangling over the proper venue for future lawsuits, Bloomberg News reports. According to the outlet, the jurisdiction in which future suits are heard could prove vital in determining potential damages...
Study: ADHD Drugs May Increase Risk of Death
Posted on June 16, 2009Medicines used to treat attention-deficit hyperactivity disorder in children may increase the risk of sudden unexplained death, a new study has concluded. According to the study, funded by the Food and Drug Administration and the National Institute of Mental Health, children taking stimulant ADHD drugs such as Ritalin were several times more likely to die [...
Tyson Foods Fined in Plant Death
Posted on June 16, 2009A federal court has ordered Tyson Foods to pay $500,000 in fines for safety violations that led to the death of a worker at one of its Arkansas poultry facilities. The Occupational Safety and Health Administration had argued that Tyson had willfully disregarded safety measures to prevent poisonous fumes at the rendering plant...
Lawsuit Filed Over ConAgra Plant Blast
Posted on June 16, 2009A maintenance contractor was negligent in a blast last week at a North Carolina ConAgra Foods plant, according to a lawsuit filed by two injured workers. The lawsuit names Southern Industrial Constructors which had been contracted to perform work in an area of the plant where the explosion is believed to have originated...
Lawsuit Filed Over Fatal Auto Crash
Posted on June 16, 2009The families of four people killed in a drunken driving accident earlier this year filed a lawsuit accusing a Missouri police officer of negligence in the crash. According to the lawsuit, Christine L. Miller drank heavily at O’Leary’s Restaurant & Bar prior to the crash...
State Failed to Rehire Soldier, Lawsuit Says
Posted on June 16, 2009Federal officials filed a lawsuit Monday accusing Nevada and the state controller’s office of violating the Uniformed Services Employment and Reemployment Rights Act. In the lawsuit, the Justice Department claims that state violated USERRA when it failed to promptly rehire a chief deputy controller after he returned from active military duty...
Target Challenging Award to Wrongly Accused Woman
Posted on June 15, 2009Target Corp. is challenging a $3.1 million verdict in favor of a South Carolina woman who was wrongly accused of trying to counterfeit money at a Greenville store in 2006. In rejecting the retailer’s motion to overturn or alter the jury verdict, U...
Jury Awards Damages in Electrocution Case
Posted on June 15, 2009A South Carolina jury has awarded $9 million to the mother of a 21-year-old man who died after being electrocuted by a downed power line in his driveway. According to the lawsuit, Progress Energy was negligent because it failed to respond to numerous warnings regarding hazardous conditions around the power line in the months prior [...
Appeals Court Reverses Self Retaliation-by-Association Suit
Posted on June 15, 2009A federal appeals court has upheld the dismissal of a lawsuit filed by a man who claimed he was fired because his co-worker and fiancée filed a gender discrimination complaint against their employer. In a reversal from a previous ruling, a full panel of the 6th Circuit Court of Appeals found that Title VII of [...
Bankruptcies Put Brakes on Suits Against Automakers
Posted on June 15, 2009The bankruptcies of Chrysler Group LLC and General Motors Corp. have thrown scores of injury lawsuits into what one expert called "murkier waters" of the law’s treatment of future tort claims. In hopes of preserving consumers’ rights to recover damages, consumer organizations and plaintiff lawyers are petitioning the Supreme Court to preserve current and future [...
Agency Seeks to Question Boy in Wrongful Death Case
Posted on June 15, 2009A 9-year-old boy has been drawn into a lawsuit that accuses the New York City Housing Authority of negligence in the death of his brother, according to the New York Times. Israel Neuman watched his brother fall 10 stories to his death after the elevator they were riding stalled between floors and his brother tried [...
Court Finds Discrimination Suit Can Go Forward
Posted on June 15, 2009The Maryland Court of Appeals has given the green light to a lawsuit accusing the Baltimore County Board of Education of age discrimination. In the ruling, the court rejected the board’s argument that it was protected from the lawsuit by sovereign immunity...
Widow Files Suit Over Landfill Death
Posted on June 12, 2009A construction company was negligent in the death of a Wisconsin man killed in a 2007 landfill accident, a lawsuit filed by the man’s widow claims. In the lawsuit, the widow of Harold "Tim" Olsen alleges that J. Kimmes Construction failed to provide safe working conditions for her husband...
Jury Awards Damages in Medical Malpractice Case
Posted on June 12, 2009A California jury has ordered an Orange County Hospital to pay $2.9 million to a woman who was left with chronic pain following a 2005 hip surgery. According to the lawsuit, Dr. Guy Paiment and UCI Medical Center failed to warn the patient of potential complications associated with the surgery...
Government Ordered to Pay Family of Slain Man
Posted on June 12, 2009The government must pay $6.25 million to the family of a man who was murdered by two Federal Bureau of Investigation informants, a federal judge has ruled. Following a three-day nonjury trial, U.S. District Judge William G. Young determined damages in the case...
Judge Faults Prisons for Inmate Abuse
Posted on June 12, 2009Instances of sexual abuse against inmates in Colorado prisons are distressingly common, a judge said in awarding $1.3 million to a female inmate sexually assaulted by a prison guard. An attorney for the victim said guards essentially treated female inmates as sexual playthings...
Senate Clears Tobacco Regulation Bill
Posted on June 12, 2009The Senate has approved legislation that will allow the Food and Drug Administration to provide first-of-its-kind regulation of the tobacco industry, the New York Times reports. Under the law, expected to be signed by President Obama, the FDA would be able to control the levels of nicotine and other chemicals in tobacco products in addition [...
Insurer Slow to Pay Claims for Hudson River Crash
Posted on June 12, 2009American International Group, the insurer of US Airways, is balking at paying claims to passengers aboard the flight that ditched in the Hudson River earlier this year, according to the New York Times. An aviation insurance expert said that the heroic circumstances surrounding the crash make it unlikely that AIG will begin paying claims any [...
Court Orders Tire Company to Turn Over Documents
Posted on June 12, 2009A federal appeals court has ordered Cooper Tire & Rubber Co. to turn over documents detailing how their tires are made to plaintiffs in a lawsuit over a deadly Utah State University van crash. In a closely watched case, the 10th Circuit Court of Appeals rejected the tire company’s argument that disclosure of the documents [...
City Settles Police Sexual Harassment Suit
Posted on June 12, 2009A California city has agreed to pay nearly $5 million to settle allegations that the local police department sexually harassed female officers because of their gender or sexual orientation. In the lawsuit, the female Hayward police officers claimed they were subjected to discrimination from 1982 through 2008...
Lawsuit Filed Over Zoo Train Derailment
Posted on June 12, 2009An Indiana family injured in the derailment of a train at the Louisville Zoo earlier this month has filed a lawsuit alleging gross negligence. According to the family, the train accelerated quickly before tipping onto its side near the zoo’s gorilla exhibit...
AMA to Oppose Government-Run Health Plan
Posted on June 12, 2009The American Medical Association is telling lawmakers that it will oppose a government-sponsored insurance plan in favor of the traditional private insurance model, the New York Times reports. The nation’s largest physician organization represents a major hurdle for President Obama’s plan to create a public health insurance option to compete with private carriers...
Whistleblower Case Settled for $40 Million
Posted on June 10, 2009A whistleblower complaint alleging that Diabetes Treatment Centers of America (DTCA) paid kickbacks to doctors in exchange for referrals was settled for $40 million dollars. DTCA’s parent company Healthways, Inc., will pay $28 million to the United States government in addition to $12 million in attorney’s fees...
Match.com Faces Suit Over Deceptive Practices
Posted on June 10, 2009A Match.com member has filed a lawsuit alleging the dating site uses deceptive practices which cause “humiliation and disappointment.” Sean McGinn’s suit claims it is misleading to post profiles of people on the site if they do not have a paid membership and therefore cannot respond to potential requests by interested suitors...
Lawsuit Claims Village Covered Up Water Contamination
Posted on June 10, 2009The Illinois attorney general has filed a lawsuit accusing the village of Crestwood of lying to residents and the Environmental Protection Agency about toxic chemicals in local drinking water. In the lawsuit, Attorney General Lisa Madigan claims that village officials continued to draw water from a community well despite knowledge that it was contaminated with [...
Lawsuit Claims Bank Targeted Blacks for Subprime Loans
Posted on June 10, 2009Wells Fargo loan officers intentionally steered African-American borrowers into risky subprime loans, a federal lawsuit filed against the bank claims. According to an affidavit filed by former loan officers, employees referred to the transactions as “ghetto loans...
Potential Class Action in Lilly Discrimination Suit
Posted on June 10, 2009Attorneys seeking class-action status for a 3-year-old racial discrimination lawsuit against drug manufacturer Eli Lilly and Co. added a motion including testimony from approximately 100 past and current employees of the company detailing how they were denied promotions and raises...
Chipmaker Settles Backdating Lawsuit
Posted on June 10, 2009Marvell Technology Group Ltd. has agreed to pay $72 million to settle a shareholder lawsuit related to the chipmaker’s past stock option granting practices. The lawsuit accused the company of backdating stock options and overstating income from 2000 to 2006...
Lawsuit Filed Over Aetna Data Breach
Posted on June 10, 2009Aetna has been named in a putative class-action lawsuit accusing the insurer of losing the private information of current, former and potential employees. According to reports, computer hackers were able to access information, including Social Security numbers, of 450,000 people...
FDA Balked on Tainted Syringes, Report Says
Posted on June 09, 2009A 29-month-old girl died from complications caused by contaminated syringes that were overlooked by federal health regulators, the Chicago Tribune reports. According to the newspaper the tainted syringes, produced by AM2PAT in North Carolina, sickened 162 people and killed four others...
Shell Settles Human Rights Lawsuit
Posted on June 09, 2009Royal Dutch Shell has agreed to pay $15.5 million to settle claims that the oil giant was connected to the slayings of at least nine Nigerian protesters during the 1990s. The accord brings to a close more than ten years of litigation which accused Shell of human rights abuses...
Court Orders New Trial in Train Suit
Posted on June 09, 2009The Colorado Supreme Court on Monday reversed a $11.1 million trial verdict in favor of a teenager who was left permanently injured when her car was struck by a Union Pacific train. In granting a new trial, the high court said that Union Pacific Railroad should have been allowed to argue that the teen and [...
Justice Ginsberg Delays Sale of Chrysler
Posted on June 09, 2009Justice Ruth Bader Ginsburg put a temporary halt Monday to the planned sale of Chrysler LLC to Italian automaker Fiat. Groups including three Indiana pension funds had asked the Supreme Court to block the sale arguing that it would cause irreparable harm to fund shareholders...
Defendants Settle Suits Over Restaurant Fire
Posted on June 09, 2009Defendants in lawsuits stemming from a deadly 2007 restaurant fire in Boston have agreed to pay $2.2 million to settle claims by the families of firefighters killed or injured in the blaze. An investigation into the incident found dangerous levels of grease build-up in the restaurant’s kitchen...
Ground Zero Worker Wins Fight With Insurer
Posted on June 09, 2009The New York Workers’ Compensation Board has ordered insurer Zurich North America to pay an ailing worker who was employed at Ground Zero following Sept. 11. Daniel Arrigo developed a severe lung disease after being exposed to toxic dust and vapors he inhaled at Ground Zero, the New York Daily News reports...
Community Service Lawsuit Dismissed
Posted on June 09, 2009A federal judge has dismissed a lawsuit filed by the widow of a man who died while performing court-ordered community service. According to the lawsuit, Delaware County officials could have foreseen that forcing the man to perform physical labor during an excessive heat warning could result in injury or death...
Syudy finds Medical Bills Factor in Majority of Bankruptcies
Posted on June 07, 2009A new study has concluded that medical bills are to blame for nearly two-thirds of bankruptcies. According to the study, published online in the American Journal of Medicine, medical-related financial problems contributed to 62.1 percent of all bankruptcies in 2007...
Settlement Finalized in Wal-Mart Wage Suit
Posted on June 07, 2009In a joint announcement Thursday, Wal-Mart Stores Inc. and plaintiff attorneys said a judge has granted final approval for a settlement to resolve scores of wage-and-hour claims by store employees. The settlement, estimated to be worth $54.25 million, will cover about 100,000 current and former workers employed by the retailer from Sept...
Firm Partner Named in Auto Lawsuit
Posted on June 07, 2009An attorney representing a 49-year-old woman and her 8-year-old daughter filed a lawsuit Wednesday over an auto accident involving Sonnenschein partner Paul Glad. According to the lawsuit, Glad was under the influence of OxyContin at the time of the accident that resulted in the mother losing one leg above the knee...
Family Files Lawsuit Over Death of Honeymooners
Posted on June 07, 2009The family of two honeymooners killed outside their stranded vehicle in Las Vegas has filed a lawsuit against two trucking companies and their drivers, the Las Vegas Sun reports. According to police, the couple was first struck by a truck operated by J...
Lawsuit Filed Over Fatal Dump Truck Accident
Posted on June 07, 2009A truck driver, his employer and an Illinois quarry were negligent in the death of a 13-year-old boy who was crushed by a dump truck loaded with gravel, a lawsuit filed Wednesday claims. Ryan Hennemann was crushed after the driver asked him and a friend to help him unload the truck...
Lawsuit claims Psychiatrist Overmedicated Teenager
Posted on June 07, 2009The mother of a teenager who died of a heart attack while being treated with antipsychotic drugs has filed a lawsuit against Fort Lauderdale Hospital and a psychiatrist who worked there. In the lawsuit Norma L. Tringali claims that Dr. Sohail Punjwani and the hospital failed to exercise a standard level of care in administering [...
Court Riuls Public Policy Concerns Trump Union Agreement
Posted on June 07, 2009A Massachusetts transit agency is not required to abide by union contracts in cases where it seeks to end discrimination, the state’s highest court has ruled. The Massachusetts Supreme Judicial Court found Thursday that broader public policy concerns should supersede the union’s collective bargaining agreement in this case...
San Francisco to Settle with Wrongly Convicted Man
Posted on June 07, 2009A man who spent 14 years in prison after being wrongly convicted of murder will receive $4.5 million under a settlement that has been tentatively approved by officials in San Francisco. In 2003, a federal judge overturned the conviction of John "J...
Doctors Disclosing Drug Industry Ties
Posted on June 07, 2009In an effort to create more transparency in the medical world, hospitals across the nation are pushing for full disclosure of their doctors’ financial ties to the pharmaceutical industry. After the Cleveland Clinic, one of the nation’s most prominent medical research centers, became the first to mandate that all of its doctors publicly report [...
Analysis Links Soot to Cardiovascular Problems
Posted on June 04, 2009People living in areas with high levels of soot particles in the air are twice as likely to develop health problems considered precursors to cardiovascular-related death, a review of existing studies has concluded. According to the extended epidemiological analysis, conducted by the Health Effects Institute, areas including the eastern suburbs of Los Angeles and the [...
Lawsuit Filed Over Injuries in Building Collapse
Posted on June 04, 2009The owner of a Maryville, Tenn. building is liable for injuries suffered by two women whose car was pelted by bricks from the structure’s crumbling façade, a lawsuit filed Wednesday says. According to the lawsuit, tons of bricks fell on the car causing the driver to suffer serious and debilitating injuries...
Court Clears Way for Med-Mal Settlement
Posted on June 04, 2009A Utah couple could be close to settling their lawsuit against an osteopathic physician they claim is responsible for causing brain damage to their daughter during delivery. The 10th Circuit Court of Appeals on Wednesday held that the couple could seek a settlement as part of a bankruptcy proceeding involving the defendant doctor...
Appeals Court Upholds Dismissal of USERRA Suit
Posted on June 04, 2009An Illinois National Guardsman cannot pursue a lawsuit accusing his employer of violating the Uniformed Services Employment and Reemployment Rights Act, a federal appeals court ruled on Tuesday. In affirming summary judgment in favor of the defendants, the 7th Circuit Court of Appeals held that the Mount Vernon Police Department’s rescission of a flexible scheduling [...
Appeals Court Allows Class Action Against Chase
Posted on June 04, 2009An Oregon couple can pursue a class-action lawsuit over allegations that Chase Bank violated the Truth in Lending Act, a federal appeals court has ruled. In the ruling, the 9th Circuit Court of Appeals found that a lower court had wrongly dismissed the complaint...
Head of FDA Backs Food Safety Reform
Posted on June 04, 2009The nation’s food safety chief told lawmakers on Wednesday the Food and Drug Administration would endorse a Democrat-sponsored bill to revamp the country’s food inspection system but her agency would still require additional funding to implement the measure...
Jury Awards Damages for Botched Cancer Diagnosis
Posted on June 03, 2009A Pennsylvania jury has ordered a former Scranton urologist to pay $1.88 million for failing to diagnose a man’s cancer. According to the lawsuit, Dr. Milan J. Smolko, Dr. Lillian Longendorfer and Wayne Memorial Hospital in Honesdale did not identify the man’s bladder cancer despite several consultations and examinations over a 16-month period...
Airline Had Problems Prior to Crash, Inspector Says
Posted on June 03, 2009A federal aviation inspector told supervisors about problems with an airline that crashed near Buffalo more than a year before the accident, the New York Times reports. According to Christopher J. Monteleon, pilots with Colgan Air made repeated errors and oversights during test flights with Bombardier Dash 8 Q400...
Woman Awarded Damages in Med-Mal Case
Posted on June 03, 2009A radiology practice and hospital were negligent in the treatment of a woman whose bowel was damaged during surgery to remove an ovarian cyst, a Michigan jury has ruled. Following 9 years of legal wrangling, a Shiawassee County jury on Friday awarded $2...
Fatal Police Shooting Sparks Lawsuit
Posted on June 03, 2009The family of an 18-year-old Austin, Texas man filed a lawsuit Tuesday accusing the city police department of racial discrimination and excessive force in a fatal shooting last month. In the lawsuit, the family of Nathaniel Sanders II alleges that officer Leonardo Quintana violated numerous police procedures during the incident...
Families Settle Suits Against FAA
Posted on June 03, 2009The families of three people killed in a 2005 plane crash off of the Florida coast have settled their lawsuits against federal aviation officials. According to the lawsuit Federal Aviation Administration air traffic controllers failed to promptly notify rescuers when pilot Gary Tillman reported engine trouble shortly after takeoff from Craig Municipal Airport in Jacksonville...
Calif. Lawmakers Move Forward on BPA Ban
Posted on June 03, 2009The California Senate approved a measure Tuesday to ban the use of bisphenol A, commonly known as BPA, in drinking containers used by infants and toddlers. The bill has faced stiff resistance from the chemical and manufacturing industry who claim that the chemical poses little threat to children...
Bank of America Cleared of Liability in Class Action
Posted on June 02, 2009The California Supreme Court ruled Monday that Bank of America should not have to pay damages resulting from a 2004 jury verdict over fees taken from accounts containing government benefit money. In a unanimous ruling, the high court found that the bank did not violate state law by using normally exempt funds, such as Social [...
Expedia Ordered to Pay Damages for Hotel Fees
Posted on June 02, 2009Internet travel agency Expedia must pay $184 million for charging customers unnecessary services fees, a Washington judge has ruled. In the class-action lawsuit customers alleged that Expedia paid hotel taxes based on a wholesale rate but collected fees based on a retail rate...
Judge Orders Damages in Alleged Ponzi Case
Posted on June 02, 2009A North Carolina judge has awarded $3.6 million in damages to a group of investors who claimed they were defrauded in a Ponzi scheme. In the lawsuit, plaintiffs claimed that a former loan official with Family First Mortgage Corp., Lynda Steele, duped investors into loaning her money she then used to pay off other investors...
Lawsuit: Pilot Negligence Caused Crash
Posted on June 02, 2009The family of a Florida man killed in a 2008 plane crash has filed a lawsuit accusing the pilot of negligence. According to the lawsuit, David Castle should have aborted the flight from the Bahamas because of severe weather conditions in the area. The plane reportedly exploded in mid-air while traveling to Florida, according to [...
Jury Awards Damages to Smoker?s Widow
Posted on June 02, 2009Jurors in Florida have ordered R.J. Reynolds to pay $30 million to a woman whose husband died of lung cancer. The award includes $5 million in compensatory damages and $25 million in punitive damages. The case is one of several tried in the state since the Florida Supreme Court overturned a massive class-action case in [...
Supreme Court Throws Out Award to Railroad Worker
Posted on June 02, 2009The Supreme Court on Monday threw out a $5 million jury award to a CSX railroad worker who was allegedly exposed to asbestos. In a 7-2 decision, the court held that the trial judged erred in delivering jury instructions regarding potential fear-of-cancer damages...
Lead in Lipstick Causes Debate
Posted on June 01, 2009Advocacy groups, who contend that no amount of lead exposure is safe, are at odds with the Food and Drug Administration and cosmetics companies over the amount of lead found in lipstick. The FDA says the trace amounts included in some cosmetics are too low to create harm, and that previous reports that caused alarm [...
Judge Clears Blue Cross in Rare Mid-Trial Verdict
Posted on June 01, 2009In the first civil case to reach a verdict over a wave of insurance rescissions, a judge has ruled that Blue Shield of California did not act improperly in canceling the coverage of a man injured in an auto accident. The ruling by Orange County Superior Court Judge Peter Polos came in a rare mid-trial [...
Judge Orders Retrial for Amputee
Posted on June 01, 2009A Florida woman whose arms and legs were amputated following a series of mistakes by doctors has won a rare second chance to pursue damages for her injuries. In 2005, despite overwhelming evidence, a jury failed to find any of the doctors responsible for Lisa Strong’s care negligent...
Class Action to Go Forward Against Countrywide
Posted on June 01, 2009A class-action suit against Countrywide Financial Corp alleging the company guided borrowers toward riskier mortgages to increase profits will go forward. Countrywide had asked for the case to be dismissed, but U.S. District Judge Dana Sabraw found that there was enough indication of a “racketeering enterprise” to continue the case in addition to dismissing the [...
Judge Rules that AT&T Class Action may Proceed
Posted on June 01, 2009A class-action lawsuit filed by AT&T wireless customers can go forward, a federal judge ruled Wednesday. In the ruling, Judge Ricardo Martinez rejected arguments from AT&T attorneys that the matter should be settled through arbitration rather than as a class action...
Johnson & Johnson Facing Scrutiny Over Chemicals
Posted on June 01, 2009A Campaign for Safe Cosmetics report released in March caused alarm when it found formaldehyde and 1,4-dioxane in many children’s toiletries, such as Johnson & Johnson’s Baby Shampoo. In response, the “Safe Baby Products Act” was put forth by Senator Kirsten E...
Warning: Treadmills may be dangerous to your health
Posted on May 28, 2009Consumer and child health advocates are warning parents about the dangers of treadmills following the treadmill-related death of Mike Tyson’s daughter earlier this week. According to experts, home exercise equipment is responsible for about 25,000 injuries to children each year...
Mortgage Suits Up Fifty Percent
Posted on May 28, 2009The number of mortgage-related lawsuits filed during the first quarter of this year jumped by more than 50 percent, an online mortgage news analyst has reported. According to MortgageDaily.com, 81 mortgage-related lawsuits were filed during the first quarter of 2009 compared to only 50 during the first quarter of 2008...
Iowa Settles Suit by Blinded Prisoner
Posted on May 28, 2009Iowa has agreed to pay nearly $150,000 to settle a lawsuit filed on behalf of a mentally ill woman who blinded herself while being held in a state prison. According to the lawsuit, Shayne Eggen, who suffers from schizophrenia and bipolar disorder, was repeatedly held in solitary confinement in violation of her constitutional rights...
NYC Settles With Family of Woman Who Died on Hospital Floor
Posted on May 28, 2009The family of a woman who died after waiting more than 24 hours to be treated at a New York City psychiatric emergency room will receive $2 million as part of a settlement with the city, the New York Times reports. Video of the incident showed workers at Kings County Hospital Center ignoring Esmin Elizabeth [...
Jury Awards Damages in Ford Rollover Case
Posted on May 28, 2009A federal jury has ordered Ford Motor Co. to pay $18.3 million to a musician paralyzed in a 2005 rollover crash. Following a three week trial, jurors found that Ford was 100 percent at fault for a defect in the seat latching mechanism that caused the man’s head to slam into the roof when the [...
Land Rover Ordered to Pay Damages to Paralyzed Driver
Posted on May 28, 2009A California man should receive $21.1 million for injuries he sustained when his Land Rover Discovery sport utility vehicle rolled over following a highway collision, a judge has ruled. In the decision, Los Angeles County Superior Court Judge Robert H...
Justices Decline to Intervene on Damages Against Chrysler
Posted on May 27, 2009The Supreme Court on Tuesday declined to intervene in a lawsuit that resulted in a $13 million punitive damages award against Chrysler LLC. The case stemmed from a 2001 rear-end collision that resulted in the death of an 8-month-old boy. The lawsuit claimed that the front passenger seat of the Dodge Caravan in which the [...
Chump Change OSHA Fine against Wal-Mart
Posted on May 27, 2009The Occupational Safety and Health Administration announced Tuesday that it will issues a serious citation to retail giant Wal-Mart for failing to implement safety measures that would have prevented the death of a temporary employee crushed in a holiday shopping stampede...
Judge Grants Summary Judgment in Seroquel Case
Posted on May 27, 2009A judge on Tuesday granted summary judgment in favor of AstraZeneca in a lawsuit alleging that anti-psychotic drug Seroquel caused a Kansas woman to develop diabetes. The dismissal of the case arose after the judge ruled to exclude expert testimony for the plaintiff...
Fiat Seeks Shield from Injury Claims
Posted on May 27, 2009Fiat has asked a federal bankruptcy judge to shield the automaker from "unknowable, but potentially vast" tort claims as it prepares to take over bankrupt Chrysler. Attorneys for Fiat argue that the company should not be held liable for injuries caused by vehicles it had no role in putting on the road...
False Claims Suit Against Pfizer Dismissed
Posted on May 27, 2009A federal judge in New York has dismissed a false claims lawsuit against Pfizer Inc. over alleged off-label marketing for the cholesterol drug Lipitor. According to the whistleblower complaint, the company sought to boost sales by misleading doctors about Lipitor’s effectiveness in patients with moderately raised cholesterol levels...
Justices to Decide if Vioxx-Related Suit Can Proceed
Posted on May 27, 2009The Supreme Court has agreed to hear an appeal by Merck & Co. that seeks to halt a lawsuit accusing the drugmaker of defrauding investors about the dangers posed by the withdrawn painkiller Vioxx. The appeal hinges on whether investors filed the lawsuit within a two-year period from when evidence of alleged fraud first appeared...
Appeals Court Decision to Impact Union Suit
Posted on May 26, 2009California law prohibits police and firefighter unions from striking, but a 2003 state law gave them the right to engage in binding arbitration in cases where the contract was deemed unfavorable. However, a recent ruling by the 1st District Court of Appeal in San Francisco found that law to be unconstitutional, throwing other cases into [...
Former Missouri Governor Settles Suit
Posted on May 26, 2009Scott Eckersley will receive $500,000 to settle his case alleging that former Missouri Governor Matt Blunt wrongly fired him as deputy counsel after he raised concerns that the governor’s office broke open records laws. According to a statement from the office of the attorney general, the state still believed its actions were legal, but settled [...
Civil-Rights Lawsuit Dismissed
Posted on May 26, 2009Ken Marsh’s civil-rights lawsuit against Rady Children’s Hospital and San Diego County was dismissed by U.S. District Court Judge Janis Sammartino. After his wrongful conviction for killing his girlfriend’s toddler, Marsh spent 21 years in prison before the conviction was overturned...
GM?s Troubles Concern Family in Suit
Posted on May 26, 2009According to her family’s lawsuit filed against General Motors, Amanda Dinnigan is now a quadriplegic due to a seatbelt in a GMC Envoy that failed. Now not only are they worried about winning their case in court, but also about whether GM will be around to pay any damages they might be awarded...
Supreme Court Nominee Announced
Posted on May 26, 2009United States Court of Appeals for the Second Circuit Judge Sonia Sotomayor was chosen by President Obama as his nominee to fill the vacancy on the Supreme Court. Although she has not been involved in many cases relating to divisive issues such as abortion, conservatives are attacking her as an activist judge...
Mental Disorder Handbook Being Revised
Posted on May 26, 2009In preparation for the release of the fifth edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM), psychiatrists are debating what is normal and what constitutes an illness. When that edition of the book often referred to as the “bible of psychiatry” is released in 18 months, most agree it will contain significant [...
Medical Company Settles Patient Claims
Posted on May 25, 2009A Tennessee-based medical products company has agreed to settle 29 lawsuits related to treatment provided by a former West Virginia surgeon who has been named in 124 medical malpractice lawsuits, according to a filing with the Securities and Exchange Commission...
Oklahoma Passes Lawsuit Changes
Posted on May 25, 2009Oklahoma Governor Brad Henry on Thursday signed into law a state Chamber of Commerce-backed bill that introduces significant changes to the state’s civil justice system. Among other changes, the bill places a cap on non-economic damages and strengthens summary judgment rules...
School Teacher Claims Religious Discrimination
Posted on May 25, 2009An elementary school teacher who is also an Orthodox Jewish rabbi has filed a lawsuit against a California school district alleging religious discrimination. In the lawsuit, Bruce Neal claims that a former principal with the Bakersfield’s Edison School District fostered a hostile work environment and denied Neal a promotion because of his religious beliefs...
Sides Split on Changes to Wisconsin Liability Laws
Posted on May 25, 2009Wisconsin Governor Jim Doyle has proposed a measure that would return the concept of joint and several liability to the state. Supporters of the proposal say it would provide victims of negligence with a valuable tool in helping recover damages for wrongdoing...
Lawsuit Alleges Harassment, Retaliation by Company
Posted on May 25, 2009A former GoDaddy.com employee has filed a lawsuit accusing the company of sexual harassment and retaliation. In the lawsuit, Rachel R. Pearson claims that she and other female employees were harassed by a fellow worker and she was fired after repeatedly reporting the alleged misconduct...
On-Call Worker Wage Suits on the Rise
Posted on May 25, 2009An increasing number of on-call employees are filing lawsuits alleging that their employers failed to pay them for onerous restrictions on their time. According to several suits, companies are trying to enforce the unreasonable restriction as a cost cutting measure...
Court OKs Lawsuit Against Perjured Deputy
Posted on May 22, 2009An Indiana judge has ruled that a sheriff’s deputy who was convicted of perjury can be named in a lawsuit involving the death of a 4-year-old abuse victim. In denying a motion to dismiss the wrongful death lawsuit, Special Judge Thomas Milligan of Montgomery County rejected Glen Keller’s argument that he was acting within the [...
Family Files Suit Over Toddler?s Death
Posted on May 22, 2009A Dallas suburb and responding police officers were negligent in the death of a toddler who became entangled in a soccer net, a lawsuit filed by family members claims. According to the lawsuit, responders wasted valuable time by initially treating the situation as a crime scene rather than a medical emergency...
Experts Warn of ?Miracle? Autism Treatment
Posted on May 22, 2009Medical experts are warning that an autism treatment touted as a ‘miracle drug’ is unsupported by mainstream science and could be harmful to children. According to scientists interviewed by the Chicago Tribune, the drug Lupron, which is sometimes used to chemically castrate sex offenders, can disrupt natural childhood hormones and cause bone and heart problems...
Transit Authority Settles Suit Over Bus Accident
Posted on May 22, 2009A Cleveland transit authority has agreed to pay more than $1.75 million to the family of a man killed by a bus as he crossed the street. Miguel Muniz died last year after being struck by a Greater Regional Transit Authority bus that was making a left turn as the man was using a crosswalk...
Appeals Court Nixes Lawsuit by Expert Skier
Posted on May 22, 2009A self-proclaimed expert skier cannot pursue damages for injuries he suffered while trying to perform a stunt at the Whiteface Mountain winter sports complex, according to a ruling by a New York court of appeals. In a unanimous ruling, an Appellate Division, 3rd Department panel found that the claim was barred by the doctrine of [...
Detainee Decision Could Be Tough on Plaintiffs, Experts Say
Posted on May 22, 2009Plaintiff attorneys are bemoaning Monday’s Supreme Court decision to dismiss a complaint against former Attorney General John Ashcroft by a Pakistani Muslim who was detained in the wake of the 9/11 terrorist attacks. Experts in civil procedure predict that the ruling could make it much more difficult for plaintiffs, in all types of cases, to [...
Shampoos Contain Carcinogens, Lawsuit Says
Posted on May 22, 2009A number of top-selling bath and personal care products contain chemicals known to cause cancer, according to a lawsuit filed last week in New Jersey. In the suit, plaintiffs claim that Johnson & Johnson, Proctor & Gamble Co. and others knowingly sold products containing formaldehyde and other carcinogens...
Lawsuit: Psychiatric Drug Cocktail Was Fatal
Posted on May 22, 2009The mother of a 12-year-old boy who died of a rare condition while living at a Florida group home has filed a lawsuit accusing the facility and psychiatrist of prescribing a fatal cocktail of drugs. According to the lawsuit, the Rainbow Ranch group home and Dr...
Amputee Settles Suit Against Hospital
Posted on May 21, 2009A Florida woman who contracted flesh-eating bacteria after giving birth in an Orlando maternity ward has settled her lawsuit against the hospital. According to the lawsuit, doctors tried to discharge Claudia Mejia Edwards despite evidence of a rash, fever, chills and other symptoms...
Family of Nurse Killed in Helicopter Crash Files Lawsuit
Posted on May 21, 2009Attorneys filed a lawsuit last week on behalf of the children of a flight nurse killed in a helicopter crash outside Indianapolis last year. The lawsuit seeks damages against Rolls-Royce, the helicopter’s engine maker; Decatur County REMC, the utility responsible for maintaining power lines in the area; Rushville Memorial Hospital, which dispatched the helicopter; and [...
Lawsuit Claims Doctors Performed Unneeded Surgeries
Posted on May 21, 2009Two Long Island doctors have been named in a lawsuit for allegedly performing unneeded spinal cord and brain operations on one of their patients. According to the lawsuit filed Monday, Drs. Thomas Milhorat and Paolo Bolognese knowingly operated on the patient for conditions she did not have, leaving her in constant pain and unable to [...
Jury to Weigh Insurance Rescission Case
Posted on May 21, 2009A California jury is scheduled to hear opening arguments this week in the first case to decide whether an insurer should pay damages for rescinding a policyholder’s coverage. The 4th District Court of Appeal in Santa Ana had previously ruled that the defendant Blue Shield of California could not utilize a ‘wait and see’ strategy [...
Government Joins Whistleblower Suit Against Wyeth
Posted on May 21, 2009The federal government joined more than a dozens states Monday in a whistleblower lawsuit accusing one of the nation’s largest drug makers of bilking hundreds of millions of dollars out of Medicaid programs. According to the federal court claims, Wyeth withheld information about steep discounts offered for two versions of the stomach acid suppressant Protonix [...
Calif. High Court Rules on Tobacco Class Action
Posted on May 21, 2009The California Supreme Court on Monday ruled in favor of consumers seeking to recover damages over advertising they claim misled them into buying cigarettes. In a 4-3 decision, the high court found that only a single consumer or small group of consumers is necessary to pursue false advertising claims as a class action...
Family Settles Suit Over Fatal Explosion
Posted on May 14, 2009The family of a truck driver killed in a 2007 natural gas explosion has settled their lawsuit against the Tacoma foundry where the incident occurred. In the lawsuit, the family claimed that Atlas Castings & Technology was negligent for failing to properly maintain a hose that released a cloud of propane that caught fire...
Family of Paralyzed Painter Files Lawsuit
Posted on May 14, 2009The sister of a Massachusetts man who suffered paralysis and brain damage while working as a house painter has filed a lawsuit accusing his employer of negligence and failing to have a legally required workers’ compensation policy. According to the lawsuit, M...
Texas Workers? Comp. Bill Passes First Vote
Posted on May 14, 2009Texas lawmakers on Wednesday tentatively passed a bill that would ease restrictions on injured workers who seek to recover damages from property owners. Under the legislation, worksite owners who purchase workers’ compensation insurance for contract workers would no longer be immune from lawsuit...
Widow of Smoker Awarded Damages
Posted on May 14, 2009A Florida jury has ordered R.J. Reynolds Tobacco to pay $1.5 million to the widow of a smoker who died of lung cancer in 1996. In the verdict jurors found that the cigarette maker concealed information about the health effects of its product. Attorneys for R...
Court Green Lights Widow?s Asbestos Suit
Posted on May 12, 2009The widow of a man who died from mesothelioma can pursue a lawsuit against a company that produced brake parts containing asbestos, a Wisconsin appeals court has ruled. According to the lawsuit the supplier of the linings, FMC Corp., should have warned that exposure to asbestos could be dangerous...
Shipping Firm Ordered to Pay Damages to Injured Worker
Posted on May 12, 2009A Minnesota jury has ordered a shipping company and others to pay $1.8 million to a former crewmember injured in a 2004 accident in Duluth. After deliberating for about eight hours, jurors found that Indiana Harbor Steamship Co. and its owners were substantially responsible for the worker’s injured knee and resulting complications...
Lawsuit: Turnpike Tolls Illegal
Posted on May 12, 2009Several hundred motorists have joined a class-action lawsuit against Massachusetts Turnpike Authority, the Boston Herald reports. In the lawsuit, plaintiffs claim turnpike tolls amount to an illegal tax because the proceeds fund non-turnpike roads and projects...
Senator Wants Auto-Dialer Inquiry
Posted on May 11, 2009Turncoat Senator Charles Schumer is seeking a federal inquiry into the use of auto-dialers with recordings stating a vehicle warranty is expiring. The calls are made to both land and cell phone lines, including numbers on the do not call list, and are made to people who do not even own cars...
Jury Acquits Company in Montana Asbestos Case
Posted on May 11, 2009The jury in a federal case that alleged that W.R. Grace & Co. covered up the dangerous side-effects of asbestos acquitted the company and Henry Eschenbach, Jack Wolter and Robert Bettacchi of all charges. The company operated a vermiculite mine in Libby, Montana from 1963 to 1990 and many residents blame it for ongoing asbestos-related [...
Family to Receive $3.1 Million in Drunk-Driving Case
Posted on May 11, 2009Jurors found that Robert LaBarre was 85% liable in the death of Sheena Marie Villa, a passenger in his car when he crashed while driving drunk. Compensatory damages of $1.1 million were awarded to Villa’s family, along with $2 million in punitive damages...
School Facing Lawsuit After Bullying Death
Posted on May 11, 2009DeKalb County (GA) Schools are facing a lawsuit brought by the family of an 11-year old boy who hanged himself as a result of constant bullying. The family hopes to use any award to finance the Jaheem Herrera Foundation, whose mission is to stop school bullying...
Heparin Investigated in Deaths
Posted on May 11, 2009A type of heparin blood thinner sold by Baxter International Inc. in premixed bags is being examined to determine if it played any role in the deaths of two patients and adverse reaction of a third patient. The company said it is cooperating with the U...
Appeals Court Reinstates Judgment Against Insurer
Posted on May 06, 2009A lower court erred in throwing out a $17 million verdict against American Family Mutual Insurance Co. in a case involving vehicle repairs and aftermarket auto parts, a Missouri appeals court ruled on Tuesday. In 2007, a jury found that the insurer had used low quality parts for vehicle repair claims between 1990 and 2004...
Court Orders New Trial in Ford Police Cruiser Case
Posted on May 06, 2009The Missouri Supreme Court on Tuesday reinstated a lawsuit over an alleged fuel-system defect in Ford police cruisers. In granting a new trial, the high court found that a judge wrongly prevented attorneys for the plaintiffs from introducing evidence of previous gasoline tank explosions in Ford vehicles...
Suit Targets Unwanted Telemarketing Calls
Posted on May 06, 2009Indiana Attorney General Greg Zoeller filed a lawsuit Tuesday against telemarketers he claims violated state do-not-call laws. According to the Indianapolis Star, Zoeller filed the suit after receiving two unsolicited calls from telemarketers on his personal cell phone...
Judge Orders Assets Frozen in Chimp Attack Case
Posted on May 06, 2009Attorneys for the family of a Connecticut woman attacked in February by a friend’s chimpanzee have convinced a judge to freeze $10 million of the owner’s assets. Charla Nash suffered traumatic brain injury and the loss of her hands, nose, lips and eyelids after her friend Sandra Herold asked for help getting her pet chimp [...
Family Files Suit Over Fatal Crane Accident
Posted on May 06, 2009The family of a man crushed to death last year in a Las Vegas Strip construction accident has filed a lawsuit accusing MGM Mirage, its building contractor and a crane company of negligence. In the lawsuit, the family claims a warning horn on the crane that crushed Dustin Tarter did not work properly and that [...
Jury Awards Punitive Damages in Drowning Death
Posted on May 04, 2009A California jury on Wednesday ordered a Santa Barbara-area athletic club to pay $2.3 million in punitive damages to the family of a 4-year-old boy who drowned in 2005. In deciding the wrongful death suit, jurors found Cathedral Oaks Tennis, Swim and Athletic Club and its staff acted with willful misconduct, malice, deception or fraud...
Substantial Damages Awarded in Med-Mal Case
Posted on May 04, 2009A Wisconsin family will receive more than $17 million for injuries suffered by their daughter during a spleen removal surgery. According to the medical malpractice lawsuit, the doctor used an unfamiliar blender-like device to perform the procedure, ultimately causing internal bleeding and brain damage...
Judge Orders Tannery to Preserve Documents
Posted on May 04, 2009A Missouri judge has ordered a tannery not to destroy documents that may be pertinent to a lawsuit accusing the company of spreading contaminated sludge on farmland, the Kansas City Star reports. According to court papers, National Beef Leathers, formerly Prime Tanning, had 80 pallets of documents awaiting shredding...
CDC Named in Suit Over Tuberculosis Scare
Posted on May 04, 2009An Atlanta attorney at the heart of a 2007 tuberculosis scare has filed a lawsuit against the Centers for Disease Control claiming invasion of privacy. According to the lawsuit by Andrew Speaker, the CDC unlawfully disclosed his identity, marital status and medical history...
Airline Passengers Exposed to Toxins, Lawsuit Claims
Posted on May 04, 2009Two Southwest Airlines passengers have filed a lawsuit against the carrier over claims they were exposed to an unknown toxic chemical while traveling from Los Angeles to Nashville. In the lawsuit, sisters Victoria Holsted and Valerie Vaughn allege they now suffer from a variety of serious health problems as a result of exposure to the [...
Attorneys Discuss Legal Implications of Swine Flu Outbreak
Posted on May 04, 2009Legal experts met Wednesday in Houston to discuss the possible legal implications of a potential swine flu pandemic. According to attorneys on hand, physicians, emergency personnel and even parents have a legal duty to report those suspected of carrying an infectious disease...
FDA Orders Recall of Weight-Loss Product (Hyudroxycut)
Posted on May 04, 2009The Food and Drug Administration has warned people using Hydroxycut to stop taking the popular weight-loss product because of risk of severe liver damage. The recall is the latest incident casting doubt on the FDA’s ability to sufficiently police the sprawling dietary supplement industry...
Ex-Hospital Worker Files Age Bias Lawsuit
Posted on May 04, 2009A former University of Pittsburgh Medical Center employee has filed a lawsuit against the hospital alleging age discrimination. According to the suit, supervisors failed to intervene after Mary Addicott complained that another worker had harassed her about her age...
Judge Denies KBR Motion for Appeal
Posted on May 04, 2009A federal judge has denied a motion by defense contractor KBR seeking the dismissal of a lawsuit involving the electrocution of a soldier serving in Iraq. KBR had sought to have the 3rd U.S. Circuit Court of Appeals review a previous motion for dismissal in the case...
Judge Upholds Retaliation Verdict Against City
Posted on May 04, 2009A Massachusetts judge has upheld a $4.5 million verdict in favor of a former Cambridge city employee who claimed she was retaliated against for lodging a discrimination complaint. In a strongly worded decision, Judge Bonnie H. MacLeod-Mancuso blasted City Manager Robert Healy for mounting a “deliberate, systematic campaign to punish the plaintiff...
Brain Damaged Woman Wins Malpractice Suit
Posted on May 04, 2009A Tennessee jury has ordered a Chattanooga-area doctor to pay $6.12 million to a woman who suffered severe brain damages after undergoing a procedure intended to diagnose bowel problems. Jurors found that Dr. Michael Goodman was 51 percent at fault for failing to recognize symptoms of an intestinal tear caused by the procedure...
Jury Awards Damages in Second-Hand Asbestos Case
Posted on May 04, 2009The family of a woman who developed mesothelioma from second-hand asbestos exposure should receive more than $2 million in damages, an Illinois jury determined last week. According to the lawsuit, the former Union Asbestos & Rubber Company, Owens Corning, Metropolitan Life Insurance Company and others conspired to hide the dangers of asbestos from workers who [...
Jury: Apartment Company Negligent for Toxic Mold
Posted on May 04, 2009An Arizona jury has ordered an upscale apartment complex and its parent company to pay $3.3 million to a former resident who was sickened by toxic mold. Robin Minium suffered permanent injuries that prevent her from performing basic day-to-day activities such as holding a job or balancing her checkbook, according to an attorney for the [...
Business Lobby Running Anti-Lawsuit Ads in Theaters
Posted on May 04, 2009The U.S. Chamber of Commerce has begun running anti-lawsuit movie trailers in select theaters around the country, the National Law Journal reports. The Chamber’s ongoing multimillion-dollar campaign against what it considers abusive litigation has previously run advertisements on television, radio and on the Internet...
Crewman of Hijacked Ship Files Lawsuit
Posted on April 30, 2009A crewman from the ship hijacked earlier this month off the coast of Somalia has filed a lawsuit against the ship’s owner and the company responsible for hiring the crew. According to the lawsuit, Maersk Line Limited and Waterman Steamship Corp...
Appeals Court Revives Rendition Lawsuit
Posted on April 30, 2009A federal appeals court has revived a lawsuit accusing a Boeing Co. subsidiary of assisting the CIA in the transportation of terror suspects to foreign countries for the purposes of torture. In a 3-0 ruling, a 9th Circuit Court of Appeals found that the government and Jeppesen Dataplan of San Jose should not be shielded [...
FDA Orders New Warnings for OTC Pain Drugs
Posted on April 30, 2009The Food and Drug Administration announced Tuesday that it will order the makers of over-the-counter pain relievers to add more prominent labels on products such as Tylenol and Advil warning of potential stomach bleeding or liver damage. News of the labeling change comes as the FDA prepares for a public meeting on how to reduce [...
Former CEO Settles Fraud Accusations
Posted on April 30, 2009The former head of a defunct lending company will pay $2.5 million to settle allegations that he and other executives defrauded investors in the wake of the 2007 subprime mortgage crisis. Michael Strauss, the former chief of the American Home Mortgage Investment Corporation, tried to conceal the company’s waning financial health, according the Securities and [...
Whistleblower Lawsuit Yields Settlement
Posted on April 30, 2009Maxxam Corp. and Houston financier Charles Hurwitz will pay $4 million to settle whistleblower claims that they tried to defraud the government during a 1999 land deal. According the complaint, filed by California Department of Forestry employees, the former owners of the Pacific Lumber Co...
Builder Settles Plumbing Defect Lawsuit
Posted on April 30, 2009Richmond American Homes has agreed to pay about $16 million to settle a class-action lawsuit filed by homeowners whose houses were fitted with defective plumbing. Under the settlement, the company will pay to replumb 2,400 homes. Last year, the company paid $10...
Construction Company Settles Suit by Family of Cyclist
Posted on April 30, 2009A Seattle-area construction company has agreed to pay an undisclosed sum to settle a lawsuit by the family of cyclist crushed by a dump truck in 2007. Bryce Lewis died after a Nelson & Sons dump truck turned suddenly while he and another cyclist were riding in a bike lane near the University of Washington...
Arthur Andersen Reaches Accord with Enron Creditors
Posted on April 30, 2009A former Enron auditor will pay $16 million to settle claims that it failed to properly vet questionable transactions by the collapsed energy giant. In the lawsuit, Enron creditors accused Arthur Andersen LLP of approving dealings that allowed Enron executives to manipulate the financial standing of the company...
Home Warranty Firm Bilked Customers, Lawsuit Claims
Posted on April 28, 2009New York Attorney General Andrew Cuomo filed a lawsuit Monday accusing a home warranty company of bilking customers in at least 32 states out of hundreds of thousands of dollars. According to the lawsuit, National Home Protection Inc. refused to honor contracts to repair or replace broken household appliances and systems...
Judge Scolds Prosecutors in Grace Criminal Trial
Posted on April 28, 2009A federal judge heatedly scolded prosecutors in the criminal trial of W. R. Grace Monday for their mishandling of the case. At a hearing, Judge Donald W. Molloy questioned the prosecutors’ judgment, ethics and tactics. Attorneys for Grace and five of its executives, accused of knowingly contaminating the small town of Libby, Mont...
Jury Awards Damages to Malpractice Victim
Posted on April 28, 2009A Wisconsin doctor was negligent in the care of a former restaurant owner injured in a motorcycle accident nearly nine years ago, a jury has determined. Daniel R. Nelson suffered permanent disabilities when an obstruction in his tracheotomy tube deprived him of oxygen while he recovered from the motorcycle accident...
Class Certified in Suit Against Mercedes
Posted on April 28, 2009A New Jersey judge has granted class-action status for a lawsuit accusing Mercedes-Benz of selling cars with emergency-response systems it knew would soon be obsolete. The ruling consolidates 10 pending lawsuits filed on behalf of about 100,000 consumers who bought Mercedes-Benz vehicles equipped with the Tele Aid emergency response systems between 2002 and 2007...
Judge Reinstates Class Action Against Ford
Posted on April 28, 2009An Oklahoma judge last week reinstated a nationwide class action against Ford Motor Co. over allegedly faulty accelerator pedals in certain Ford models. In the lawsuit, plaintiffs claim that accelerator pedals in certain models of Ford Super Duty pickup trucks and Expedition sport utility vehicles cause the truck to idle rather than accelerate when the [...
Poor Signage Caused Drowning Death, Lawsuit Claims
Posted on April 27, 2009Poor signage caused a North Carolina woman to drive her car into a river and drown, a lawsuit filed by family members claims. The lawsuit names Duke Energy, Gaffney Public Works and the South Carolina Department of Natural Resources. An attorney for the family said poor signage was to blame for a similar accident that [...
Jail Settles Suit by Amputee
Posted on April 27, 2009A county jail near Tulsa, Okla. will pay $1.7 million to a man whose legs were amputated after he was incarcerated. In the lawsuit, Russell Mounger claimed that jail officials refused him prescribed medication and kept him in restraints for extended periods of time...
Consumers File Suit Against Internet Service Provider
Posted on April 27, 2009Customers of a wireless broadband internet services provider have filed a lawsuit accusing the company of misrepresenting the quality of its services. According to the lawsuit Clearwire claimed its services were comparable to cable internet or DSL services when they were not...
Lawsuit Filed Over Drunken Driving Death
Posted on April 27, 2009The family of a Brooklyn high school student who was killed in a hit-and-run drunken driving accident has filed a lawsuit against the driver, the owner of the car and a family that hosted the underage drinking party. Robert Ogle was run down while walking home from the party after an intoxicated person stole a [...
Starbucks Lawsuit Gets Conditional Class Status
Posted on April 27, 2009A federal judge has granted conditional class-action status to a lawsuit filed by a Starbucks employee who claimed the coffee chain violated wage laws by failing to pay managers overtime. The conditional class covers all people who worked as managers from Jan...
Justice O?Conner Says Elections Threaten Judicial Impartiality
Posted on April 24, 2009Popular judicial elections could threaten public trust in the judiciary, retired U.S. Supreme Court Justice Sandra Day O’Connor told lawmakers and attorneys this week. Speaking before the St. Joseph County Bar Association, O’Connor said she fears that judge are less effective and subject to politician pressure if they fear their decisions might dictate how long [...
Nevada Passes Bill to Lift Malpractice Cap
Posted on April 24, 2009Nevada lawmakers on Monday passed legislation that aims to do away with a $350,000 cap on non-economic medical malpractice damages. Under the bill, plaintiffs could recover unlimited damages in instances of gross negligence. Support for the issue gained momentum following a widespread Hepatitis C scare last year
Justices Make it Harder for Vets to Challenge Denied Claims
Posted on April 24, 2009The Supreme Court on Tuesday struck a blow to veterans seeking to dispute medical claims denied by the Veterans Affairs Department. Reversing a lower court decision, the justices found that veterans must prove that any alleged mistakes made by the VA ultimately resulted in the denial of their claims...
Products Liability at Heart of 3rd Circuit Prediction
Posted on April 24, 2009A federal appeal court is predicting that the Pennsylvania Supreme Court will adopt portions of a legal treatise to help clarify state products liability law. According to a panel from the 3rd U.S. Circuit Court of Appeals, the state Supreme Court will take on Sections 1 and 2 of the American Law Institute’s Restatement (Third) [...
Oklahoma Governor Vetoes Restrictions on Use of Settlement Money
Posted on April 24, 2009Oklahoma Governor Brad Henry on Wednesday vetoed a bill that would prevent lawyers from using settlement money to contribute to candidates, lobbying groups or political action committees. Henry said the legislation, which would have applied only to attorneys, would have violated the state constitution...
Lawmaker Calls for Probe of AIG?s Handling of Contractor Claims
Posted on April 24, 2009House Democrats may investigate whether the American International Group Inc. and other insurers tasked with providing coverage for civilian contractors in Iraq and Afghanistan have wrongly denied or delayed claims from injured workers, the Los Angeles Times reports...
Class Action Filed Over Tainted Water
Posted on April 24, 2009A Chicago-area resident filed a putative class-action lawsuit Thursday over allegations that local residents were exposed to contaminated drinking water for more than 20 years. In the lawsuit, Joseph Marzano claims the Village of Crestwood and current and former city officials covered up evidence of contamination as a cost-cutting measure...
Attorney Reports Major Problems at Peanut Plant
Posted on April 24, 2009A peanut production plant partially blamed for a nationwide salmonella outbreak had serious structural and sanitary problems that would have contributed to contamination, an attorney for a number of salmonella victims said Thursday. According to Bill Marler, who is representing plaintiffs in nine lawsuits, the Peanut Corp...
Flea Collar Chemicals Fuel Lawsuit
Posted on April 24, 2009An environmental group filed a lawsuit Thursday alleging that chemicals found in some cat and dog flea collars may pose health risks to pets and pet owners. The Natural Resources Defense Council claims that the presence of propoxur and TCVP, or tetrachlorvinphos, in pet collars violates California anti-toxics laws and could cause cancer or neurological [...
Wells Fargo Named in Securities Fraud Lawsuit
Posted on April 24, 2009California Attorney General Jerry Brown filed a lawsuit Thursday accusing Wells Fargo & Co. of fraud for its role in selling $1.5 billion of risky auction-rate securities to more than 2,000 Californians. According to the lawsuit, three Wells Fargo investment subsidiaries mislead investors to believe the securities were as safe as money market accounts...
Nursing Home Damage Cap Fails
Posted on April 22, 2009A bill that would have capped damages in lawsuits against nursing homes has failed to gain subcommittee approval in the Tennessee legislature, the Knoxville News Sentinel reports. Under the proposed legislation, non-economic damages in nursing home cases would have been capped between $300,000 and $500,000...
Pollution Suit Belongs in Federal Court, Firms Say
Posted on April 22, 2009U.S. Steel Corp. and other defendants have asked a judge to move a lawsuit accusing industries of harming children with airborne toxins from state to federal court. According to court filings, the case should be handled in federal court because claims could exceed $5 million...
Judge Approves Settlement in Eating Disorder Suit
Posted on April 22, 2009A federal judge has approved a settlement in a class-action lawsuit that sought to force Horizon Blue Cross of New Jersey to augment coverage for about 1.5 million eating disorder patients. Under the settlement, the insurer agreed to abandon restrictions that limited outpatient treatment and hospitalization coverage for policyholders with anorexia and bulimia...
Family of Salesman Killed in Crash Receives Damages
Posted on April 22, 2009The family of a former car salesman killed during a test drive should receive $13.7 million in damages, an Illinois jury has concluded. Jurors found that the customer taking the test drive, Christopher Maher, was primarily responsible for the crash that killed Roger Czapski...
Trucker Liable for Waving On Other Driver, Jury Finds
Posted on April 21, 2009A New Jersey jury has ordered a truck driver to pay $750,000 after finding that he contributed to an accident that injured a motorcyclist. During the trial, jurors heard testimony that the truck driver had waved another driver into traffic. As the other driver crossed a highway, he collided with a motorcycle ridden by the [...
Wrongful Death Suit Filed in Building Collapse
Posted on April 21, 2009A construction subcontractor and job placement agency were negligent in the death of a worker crushed in a building collapse, a lawsuit filed last week claims. Ramiro Cigala died last week when a building he was working in collapsed while undergoing renovation...
Family of Crane Collapse Victim Settles Lawsuit
Posted on April 21, 2009The family of a man who was crushed in a 2006 crane collapse has settled its lawsuit against two Seattle companies responsible for erecting the crane, the Seattle Times reports. According to the lawsuit, Lease Crutcher Lewis and Magnusson Klemencic Associates were negligent in the installation, design and operation of the crane...
Trial Begins Over Katrina Damages
Posted on April 21, 2009A federal judge heard opening arguments Monday in what could be a groundbreaking case over home and property damages caused by Hurricane Katrina. Plaintiffs in the case accuse the federal government of magnifying the hurricane damage by building a 76-mile-long channel along the eastern portion of New Orleans...
Report: Pharmaceuticals Tainting Drinking Water
Posted on April 20, 2009A review of government data has found that at least 271 million pounds of pharmaceuticals have been released into waterways by U.S. manufacturers. According to reports, active pharmaceutical ingredients ranging from lithium to nitroglycerin have been discovered in waterways that provide drinking water...
Court Rules on Evidence in Asbestos Suits
Posted on April 20, 2009The Illinois Supreme Court has struck down a legal precedent that prevented jurors in asbestos-related cases from hearing evidence about alternative sources of asbestos exposure. In a 5-1 decision, the court found that the 1987 Lipke rule unfairly favored plaintiffs...
Opinion: Courts Need Sunshine Law
Posted on April 20, 2009Lawmakers should enact legislation that prevents corporations from hiding details about dangerous products through court secrecy, according to an opinion piece published in the National Law Journal. Secrecy within the civil justice system, argues Les Weisbrod of the American Association for Justice, puts consumers at risk and allows negligent companies to profit from defective products...
Popcorn Flavoring Lawsuit on the Rise
Posted on April 20, 2009A chemical used in popcorn flavoring has caused irreparable lung damages to dozens of workers, according to lawsuits filed recently in Ohio. In the lawsuits, factory workers claim that fumes from the chemical diacetyl can cause a life-threatening condition commonly known as popcorn lung...
Kentucky Court Revises Lawyer Misconduct Rule
Posted on April 20, 2009Attorneys in Kentucky must report misconduct by fellow lawyers and judges under revised ethics regulations approved by state supreme court, Louisville Courier-Journal reported last week. The Kentucky Bar Association had previously voted against enacting the so-called squeal rule...
Man Wins Suit Against Debt Collection Firm
Posted on April 20, 2009A federal jury awarded has awarded more than $300,000 to a disabled Montana man who claimed he was harassed by lawyers for a debt collection firm. According to the lawsuit, lawyers with the debt collector’s law firm violated the federal Fair Debt Collection Practices Act and related state law by engaging in abusive, unfair and [...
Firm Settles Claims Over Radioactive Emissions
Posted on April 20, 2009A federal judge on Friday approved a $52.5 million settlement between Babcock & Wilcox and 365 plaintiffs who claimed they were injured by airborne radioactive emissions from two nuclear plants in Pennsylvania. The accord resolves a 14-year-old legal battle over allegations that the plants caused cancer, deaths, other illnesses and property damage...
New Study: Kids Harmed by Epilepsy Drug
Posted on April 16, 2009A widely used medication for the treatment of epilepsy, migraines, pain and psychiatric disorders has been linked to significantly lower I.Q. scores in children whose mothers took the drug during pregnancy, the New York Times reports. According to a study, published in the New England Journal of Medicine, children exposed to the drug valproate while [...
Medical Trial Company Suspends Studies
Posted on April 16, 2009One of the nation’s largest overseers of clinical medical trials on Tuesday agreed to suspend its approval of federally regulated medical studies. The company, Coast Independent Review Board, has become the subject of significant criticism since it unknowingly approved two fictitious trials as part of a federal undercover sting operation...
Quest Settles Whistleblower Claims
Posted on April 16, 2009The Justice Department announced Wednesday that Quest Diagnostics will pay $302 million to a settle whistleblower claims alleging that a Quest subsidiary knowingly sold faulty diagnostic test kits. According to allegations, Nichols Institute Diagnostics continued to market its parathyroid test kits despite knowledge that the test sometimes produced elevated results...
Nationwide Settles Overcharge Suit
Posted on April 16, 2009Nationwide Insurance has agreed to a tentative $6 million settlement over allegations that it overcharged some policyholders for life insurance. The proposed settlement covers customers who purchased certain term-life insurance policies between 1990 and 2006...
Settlement in Suit by Brain Injured Cyclist
Posted on April 16, 2009A former endurance athlete who suffered a permanent brain injury in a bicycling accident will receive $3.5 million as part of a settlement with King County, the Seattle Times reports. Jeffrey Totten was thrown from his bicycle after hitting a hole left by a survey marker...
Soldier Fired Because of Military Duty
Posted on April 16, 2009A Pennsylvania Air National Guard reservist has filed a lawsuit accusing his former employer of firing him for taking time off for an injury suffered while he was on active duty. According to the lawsuit, UPMC Health Benefits Inc. violated the Uniformed Services Employment and Re-Employment Rights Act when it terminated Thomas Smith after he [...
Employee Claims She was Fired for Complaints of Fraud
Posted on April 16, 2009A former employee of a Louisiana-based nursing provider has filed a lawsuit accusing the company of firing her for leveling allegations of fraudulent billing. Sally Christine Summers claims that she was fired from LHC Group Inc. after she complained that the company unnecessarily billed Medicare...
Study Faults Safety of Minicars
Posted on April 15, 2009An insurance group faulted the safety of three models of minicars in a study released to the public on Tuesday. According to the report, produced by the Insurance Institute for Highway Safety, the Honda Fit, the Toyota Yaris and the Smart Fortwo were significantly less safe in a head-on collision than their mid-size car counterparts...
Stairwell Collapse Victims File Lawsuit
Posted on April 15, 2009Two city of Louisville employees have filed a lawsuit accusing a local building owner of negligence in a stairwell collapse that trapped the two last month. According to the lawsuit, Paul Bariteau, his wife and Forte Development Inc. should have known that the century-old building was unsafe...
Jurors to Weigh Damages Over Alleged Chemical Dumping
Posted on April 15, 2009Jurors began deliberations Tuesday in the first trial involving claims that Monsanto Co. dumped polychlorinated biphenyls, or PCBs, near an Alabama plant, causing local residents to develop health problems. In the lawsuit, five former residents of Anniston, Ala...
Lawsuit: Sonic Franchisee Discriminated Against Applicant
Posted on April 15, 2009The U.S. Equal Employment Opportunity Commission filed a lawsuit this week accusing a Louisina-based Sonic restaurant franchisee of discriminating against an applicant because of a disability. The lawsuit alleges that Gravlee’s Sonic of New Iberia, Inc...
Ponzi Scheme Targeted Hispanics, Lawsuit Says
Posted on April 15, 2009A California firm defrauded Latino and Hispanic investors in seven states out of $23 million over more than two years, according to a Securities and Exchange Commission lawsuit filed Monday. In the suit, the SEC accuses Clelia A. Flores and her company, Maximum Return Investments Inc...
Jury Awards Damages in Workplace Fall Case
Posted on April 15, 2009An Iowa jury last week ordered a construction company and hotel builder to pay $7 million to a worker who fell three stories during a 2005 incident. Allen Frohne suffered severe injuries when a lift tipped over causing the fall. Jurors found that Le Claire Hotel Group and Gibbs Construction were negligent for the fall.
Rise in Suits Against Debt Collectors
Posted on April 15, 2009An increasing number of consumers are filing lawsuits against debt collectors who use illegal practices. However, few debtors realize they may seek relief from harassing debt collectors under the law, according to attorneys familiar with such cases. Attorneys who defend debt collectors say that while abuses do take place, they are the exception rather than [...
Los Angeles County Settles Over Death at Troubled Hospital
Posted on April 15, 2009os Angeles County has agreed to pay $3 million to settle a lawsuit filed by the children of a woman who died after staff at a troubled hospital denied her treatment. The lawsuit alleged civil-rights violations and medical malpractice. The death of the Edith Rodriguez gained national attention after security camera footage from Martin Luther [...
Fire Risk Prompts GM Recall
Posted on April 15, 2009General Motors Corp. announced the recall of about 1.5 million cars because of a potential defect that could cause engine fires. In a filing with the National Highway Traffic Safety Administration, the automaker said the problem stems from a possible oil leak in 1997-2003 Buick Regal; 1998-2003 Chevrolet Lumina, Monte Carlo and Impala; 1998-99 Oldsmobile [...
Fatal Boating Accident Spurs Lawsuits
Posted on April 15, 2009The estates of two men killed in a 2007 boating accident have filed lawsuits accusing the boat’s owner, manufacturer and others of negligence. According to the lawsuits, faulty manufacture and maintenance caused the 33-foot Hacker Craft boat to capsize, leaving Richard Smith and David Reynolds in the water...
Hospital Group to Refund Overcharged Patients
Posted on April 15, 2009A Minnesota non-profit hospital firm has agreed to refund at least $1.1 million to settle claims that they overcharged patients on interest for medical bills. According to the lawsuit, filed by Minnesota Attorney General Lori Swanson, Allina Hospitals & Clinics violated state law by charging rates as high as 18 percent and failing to fully [...
Lawmakers Weigh Bill on Medical Oversight
Posted on April 15, 2009Texas lawmakers are considering a bill that would restrict state medical regulators from investigating and disciplining doctors accused of misconduct. Supporters of the bill say the legislation is necessary to rein in what some consider recent abuses by the Texas Medical Board...
Data-Storage Firm Settles Whistleblower Complaint
Posted on April 15, 2009NetApp Inc. will pay $128 million to settle a whistleblower lawsuit accusing the California-based company of misleading the General Services Administration about discount pricing for data-storage services, according to the Washington Post. The settlement is believed to be the largest ever involving the GSA...
Parents File Class Action Against Surrogacy Agency
Posted on April 15, 2009A California surrogacy agency defrauded dozens of hopeful parents and their surrogate mothers out of hundreds of thousands of dollars, a class-action lawsuit filed Monday claims. In the lawsuit, plaintiffs allege that Surrogenesis USA unexpectedly stopped returning phone calls and liquidated bank accounts holding money paid for surrogacy services...
Lawsuit Planned in Taser-Related Death
Posted on April 15, 2009The family of a Michigan teenager who died after being shocked with a stun gun said they will file a lawsuit against Detroit-area police involved in the incident. Family members of Robert Mitchell claim that Warren police used excessive force when Mitchell, who was mentally disabled, fled from a car in which he was riding...
Insurers Slow to Cover New Cancer Drugs
Posted on April 15, 2009A coming generation of pills to treat life-threatening conditions including cancer promises to free patients from continuous hospital visits and cut health costs, the New York Times reports. However, the insurance industry has yet to match its coverage policies with these new innovations, often leaving patients and doctors with tough choices between wellness and economics.
Researchers Warn of Side Effect of Parkinson?s Drugs
Posted on April 13, 2009A new study shows that higher doses of a class of drugs called dopamine agonists can lead to unhealthy or compulsive habits. These drugs, which are often used to treat Parkinson’s disease, were shown to cause one in six patients to develop unhealthy behaviors...
FDA is Outdated
Posted on April 13, 2009In an opinion piece, the Boston Globe argues makes the case that the Food and Drug Administration is overseeing the food supply based on a structure put in place decades ago. To stem the continual outbreaks of food-borne illness, the FDA needs to consolidate operations and have the necessary staff to inspect and regulate the [...
Minneapolis Settles Racial Discrimination Suit
Posted on April 13, 2009The city of Minneapolis will not admit any wrongdoing in a $740,000 settlement in a racial discrimination lawsuit brought by five black police officers. The officers claimed that they did not receive promotions, endured a hostile work environment and faced retaliation because they were black...
DC Attorney General Files Suit in Scam Targeting Churches
Posted on April 13, 2009District of Columbia Attorney General Peter Nickles filed a suit alleging that five companies operated a scam aimed at churches, with as many as 300 churches affected in the Washington area. The churches were supposed to receive free computer kiosks to aid communication and outreach efforts, but the suit claims they received faulty equipment and [...
Doctor?s Treatment Not To Blame in Deaths
Posted on April 13, 2009California’s 4th District Court of Appeal found that William Freund’s mental problems caused him to kill two people in 2005, and that his psychiatrist was not to blame. The family of the victims claimed the mix of drugs Laurence Greenberg prescribed to Freund were cause for medical negligence which led to wrongful death...
FDA to Broaden Pistachio Recall
Posted on April 10, 2009Last week’s nationwide salmonella-related recall of 2 million pounds of pistachios may soon reach the scope of the ongoing peanut recall, USA Today reports. Under an expanded recall, announced this week, an increasing number of products containing pistachios are expected to be recalled, according to sources familiar with the matter...
Doctors Warn of Thyroid Drug Dangers
Posted on April 10, 2009Doctors are warning that a treatment for a rare thyroid disease in children may cause severe liver damage or death. In a letter to the New England Journal of Medicine, Donald R. Mattison of the Eunice Kennedy Shriver National Institute of Child Health and Human Development and Dr...
Psoriasis Drug Withdrawn Over Link to Brain Disease
Posted on April 10, 2009A unit of Swiss drug maker Roche Holding AG has announced that it will withdraw from market the psoriasis treatment Raptiva because of the drug’s link to a deadly brain disease. According to a spokesperson for Genentech Inc., at least three patients have been infected with the brain infection progressive multifocal leukoencephalopathy since October...
Soldier Wins Medical Malpractice Trial
Posted on April 10, 2009A Wyoming jury has awarded $1.6 million to a former soldier who claimed that doctors performed unnecessary procedures that nearly cost him his life. In the lawsuit, former U.S. Army Staff Sgt. Edward Poche alleged that Dr. Raoul Joubran and Dr. Mary MacGuire were negligent in their care while Poche was treated for perforation of [...
Company Discriminated Against Women, Employee Claims
Posted on April 10, 2009A former employee of a Tulsa, Oklahoma-based toolmaker has filed a lawsuit accusing the company of gender discrimination. According to the lawsuit, which seeks class-action status, Hilti North America discriminated against women in promotion to non-entry-level sales positions...
Report: Electrical Problems Pose Threat to Troops
Posted on April 08, 2009U.S. soldiers are at high risk for electrocutions at military facilities in Iraq because of faulty wiring and other electrical problems, an evaluation completed last year determined. According to the military-commissioned report, many facilities lacked devices designed to interrupt electrical currents near water sources like showers and latrines...
Jury Orders Fen-Phen Lawyers to Return Money
Posted on April 08, 2009Two attorneys convicted of defrauding clients involved in a fen-phen diet drug case must forfeit $30 million, a federal jury ruled Tuesday. A spokesman for the U.S. Attorneys Office said the money will be used to reimburse clients affected by the fraud...
Court Rejects Insurer?s Appeal in Hurricane Case
Posted on April 08, 2009The Louisiana Supreme Court has refused to hear an appeal by Louisiana Citizens Property Insurance Corp. challenging a ruling that allowed a Hurricane Katrina-related lawsuit filed after the two-year deadline for claims. The state 4th Circuit Court of Appeals had previously ruled that the clock for filing the lawsuit had been reset once the plaintiff [...
Regulator Finds Faulty Maintenance Caused Airplane Fire
Posted on April 08, 2009A 2007 engine fire that forced the emergency landing of an American Airlines flight was caused by unapproved maintenance practices, the National Transportation Safety Board announced Tuesday. The NTSB report also faulted pilots for failing to complete a checklist for engine-fire emergencies that would have allowed crews to extinguish the fire sooner...
Family Settles Wrongful Death Case
Posted on April 07, 2009Six doctors at a South Carolina hospital have agreed to pay $3 million to the family of a woman who died of a twisted intestine after three trips to the emergency room, an attorney for the family said. According to the lawsuit, the doctors dismissed the woman’s complaints of abdominal pain on two occasions before [...
Nevada Lawmakers Consider Malpractice Bill
Posted on April 07, 2009Nevada lawmakers debated a proposed bill Monday that would clear the way for plaintiffs to recover larger awards in cases of medical negligence. Under the bill, damages in cases of gross negligence would no longer be capped at $350,000. The bill would also extend the statute of limitations for filing medical negligence claims...
Appeals Court Revives Suit Against Hospital
Posted on April 07, 2009A federal appeals court has revived a lawsuit filed on behalf of a woman who was murdered by her estranged husband after he was released from a Michigan hospital. In the ruling, the 6th U.S. Circuit Court of Appeals found that Providence Hospital was obligated by federal law to stabilize patients when an emergency condition [...
Supreme Court to Hear Attorney Fee Case
Posted on April 07, 2009The Supreme Court has agreed to hear a case that could set an expansive precedent for judges to award increased attorneys fees. The case stems from a decision by U.S. District Judge Marvin Shoob to award an additional $4.5 million in fees to attorneys involved in a lawsuit against Georgia’s foster care system...
Study Finds Rocket Fuel Chemical in Formula
Posted on April 06, 2009A government study has found trace levels of a rocket fuel chemical in samples of powdered baby formula. According to the study, conducted by the U.S. Centers for Disease Control and Prevention, the chemical perchlorate could pose health problems if affected formulas were mixed with water also containing the chemical...
Jury Awards Damages to Poisoned Volunteers
Posted on April 06, 2009A Montana jury has ordered Lennox Industries Inc. to pay $7.49 million to 18 former Job Corps volunteers who were poisoned by a defective heating system in 2004. According to the lawsuit, the Lennox-made heating system leaked odorless carbon monoxide into the dormitory where the plaintiffs slept, causing brain damage and other injuries...
Colorado May Revisit Malpractice Cap
Posted on April 06, 2009Colorado lawmakers may consider a bill that would allow patients injured by medical malpractice to receive larger awards for non-economic damages. A similar bill, which proposed a 60 percent increase to the state’s medical malpractice award cap, last year failed to make it through committee...
Ohio Popcorn Lung Trial to Begin Today
Posted on April 06, 2009An Ohio court is scheduled to play host today to a lawsuit filed by a former popcorn factory worker who claims that her lungs were damaged by the butter flavoring diacetyl. In the lawsuit, Kathryn Rayburn claims that Cincinnati-based Givaudan Flavors Corp...
Report Faults OSHA Safety Program
Posted on April 03, 2009An Occupational Safety and Health Administration program designed to bolster worker safety within high-risk industries was largely ineffective because of inadequate bookkeeping and poor inspection protocols, a government audit of the program has concluded...
Inspections Still Lacking Despite Salmonella Outbreaks
Posted on April 03, 2009Food safety officials failed to ramp up inspection efforts in the wake of four peanut-related salmonella outbreaks during the past three years, the Washington Post reports. According to the online edition of the newspaper, the Food and Drug Administration has acknowledged that it still has not intensified scrutiny of peanut plants or required inspectors to [...
Whistleblower Receives Record Settlement
Posted on April 03, 2009A whistleblower will receive $48.7 million as part of a $325 million settlement between Northrop Grumman Corp. and the federal government, the Los Angeles Times reports. In the lawsuit, an electrical engineer claimed that Northrop unit TRW knowingly sold the government defective parts for a spy satellite program during the 1990s...
Auto Case Yields Award for Injured Family
Posted on April 02, 2009A New Jersey jury on Wednesday awarded $17.5 million to a family whose children were severely injured in a 2006 auto crash. The crash occurred when another driver crossed the center line and struck the family’s car. The award includes damages for injuries, medical expenses and emotional trauma.
Jury Awards Damages Over Polio Vaccine
Posted on April 02, 2009A New York jury has ordered pharmaceutical company Lederle Laboratories to pay $22.5 million to a man who contracted polio while changing the diaper of his recently vaccinated daughter almost 30 years ago. According to the lawsuit, originally filed in 1981, Lederle was negligent in the manufacture of the vaccine and failed to warn doctors [...
Judge Refuses to Dismiss Soldier Electrocution Case
Posted on April 01, 2009A federal judge refused to dismiss a lawsuit Tuesday accusing defense contractor KBR Inc. of negligence in the electrocution death of a soldier serving in Iraq. According to the lawsuit, KBR failed to perform adequate electrical work on the soldier?s quarters which allowed electricity to surge into his shower...
Judge Claims Immunity in Suit Over Juvenile Sentences
Posted on April 01, 2009A lawsuit filed on behalf of hundreds of kids sentenced to private detention centers should be dismissed, contends one of the judges named in the suit. Former Luzerne County Judge Mark Ciavarella argues that judicial immunity should protect him from the lawsuit despite the fact he pleaded guilty to taking kickbacks in exchange for sentences...
Bank Ordered to Pay Damages for Defrauding Couple
Posted on April 01, 2009A Kentucky jury has ordered Branch Banking & Trust to pay $10.6 million in damages for defrauding a Louisville couple, recounts the Louisville Courier-Journal. In the lawsuit, the couple claimed that Bank of Louisville and its parent company BB&T used false information to induce them into loan agreements that ultimately destroyed their family business...
State Ordered to Pay Damages for Wreck Caused by Wild Pigs
Posted on March 31, 2009A California jury awarded $8.6 million Friday to a motorcyclist who suffered severe injuries when he struck several wild pigs while traveling on a state highway. According to an attorney for the plaintiff the state was aware that the pigs created a potential for accidents but failed to address the situation...
Plaintiffs Seek Class Action in Gas Leak Case
Posted on March 31, 2009A Maryland judge is considering whether to grant class-action status to a lawsuit stemming from a leak at an Exxon gas station that contaminated the wells of about 150 families and businesses. In a hearing Monday, attorneys for the plaintiffs argued that the suit should be treated as a class action because the gas station [...
Jury Awards Damages in Circumcision Lawsuit
Posted on March 31, 2009A Georgia jury has ordered two doctors to pay a combined $2.3 million for their role in a botched circumcision. According to the lawsuit, the attending obstetrician and the boy?s pediatrician were negligent for failing to properly respond when part of the boy?s penis was severed during the procedure...
Nevada Lawmakers Consider Lifting Med-Mal Damages Cap
Posted on March 31, 2009Nevada lawmakers are considering a bill that would end a voter-approved initiative that placed a $350,000 cap on medical malpractice damages. In addition to eliminating the cap on damages, the recently proposed bill would also extend the time limit to bring a medical malpractice claim from two years to five years...
Lawmakers Weigh Extension for Wrongful-Death Suits
Posted on March 30, 2009The family of a Florida teen who disappeared more than 30 years ago is closely following a proposal in the state legislature to extend the statute of limitations for filing a wrongful death lawsuit. Under Florida law, plaintiffs have only two years to pursue wrongful death damages in civil court...
Lawsuit: Bank of America Aided Ponzi Scheme
Posted on March 30, 2009Bank of America helped a New York-based firm operate a massive Ponzi scheme that bilked about 1,500 investors out of $380 million, a lawsuit filed last week claims. According to the class-action lawsuit, Bank of America provided financial services within the firm run by Nicholas Cosmo and had intimate knowledge of the scheme...
Report: Chemical Linked to Birth Defects
Posted on March 30, 2009A toxic chemical known as C8 may cause birth defects and other health problems in pregnant women, a scientific panel said in documents made public Thursday. According to reports released by the three-member committee from the Mount Sinai School of Medicine, initial analysis showed that mothers with high levels of C8 were 70 percent more [...
Groups Urge Food Safety Overhaul
Posted on March 30, 2009Health advocacy groups released a report Wednesday urging President Obama to create a new food safety agency. According to the report, released jointly by Trust for America’s Health and the Robert Wood Johnson Foundation, the nation should create a Food Safety Administration and double food program funding over the next five years...
Settlement Reached in Traumatic Brain Injury Case
Posted on March 30, 2009A group of defendants have agreed to pay $20 million to settle a lawsuit filed by the family of a boy who suffered a traumatic brain injury after falling from playground equipment at a California Burger King. According to an attorney for the family, the franchise owner and equipment manufacturer knew or should have known [...
State Settles Suit Over Neglect Case
Posted on March 26, 2009The State of Washington has agreed to pay $5 million to a boy found beaten and starving after social service officials failed to notice a pattern of neglect in the home. Police discovered the boy while he lived with his father who physically abused him and withheld food as punishment...
Bill Seeks to Overturn Military Medical Malpractice Policy
Posted on March 26, 2009The family of a former Marine urged lawmakers Tuesday to pass a bill that would allow military personnel to seek damages for medical malpractice. Marine Sgt. Carmelo Rodriguez died of cancer in 2007 after military doctors failed to diagnose melanoma for nearly 10 years...
Lawsuit Filed Against Wal-Mart Pharmacy
Posted on March 26, 2009A California woman has filed a lawsuit against Wal-Mart and a medical supply company after she allegedly received a mislabeled bottle of blood pressure medication from a store pharmacist. According to the lawsuit, Geraldine Schamanski nearly died after taking about twice the recommended dosage...
Fish Not Always What it Seems, According to GAO
Posted on March 23, 2009According to a Government Accountability Office report, seafood fraud is on the increase in part because federal agencies are not acting cooperatively. Some of the examples of fraud detailed include adding water to increase weight, substituting inexpensive fish for more costly fish, and altering labels to show different countries of origin...
Georgia Supreme Court Renews Online Travel Lawsuit
Posted on March 23, 2009The city of Atlanta?s lawsuit against 17 online travel companies was given new life by the Georgia Supreme Court. Their ruling returns the case to a Fulton County judge to determine whether online retailers such as Expedia and Travelocity are required to collect hotel and occupancy taxes and pay those taxes to the city...
Indianapolis Settles in Police Car Chase Crash
Posted on March 23, 2009Richard Garman will receive $75,000 from the city of Indianapolis to settle his suit arising from a 1999 car wreck caused by a driver fleeing police that seriously injured him and killed his fiancée. He alleged that the police department?s chase policies were not stringent enough to protect bystanders...
Class Action Suit Filed Against American Idol Producer
Posted on March 23, 2009?American Idol? producer FremantleMedia North America is facing suit by former reality show employees who claim they were denied overtime and food and rest breaks. The case, filed in Los Angeles Superior Court, alleges staffers were paid a flat rate and required to falsify time cards to show they did not work more than 40 [...
Strip-Search Case Granted Class Action Status
Posted on March 23, 2009A case in U.S. District Court that alleges officers at Baltimore?s Central Booking facility routinely strip-search people arrested for minor infractions and hold them longer than allowed before being brought before a commissioner was granted class action status Thursday...
Fraternity Settles Hazing Death Lawsuit
Posted on March 20, 2009A University of Colorado fraternity has reached an undisclosed settlement with the family of a student who died following a 2004 initiation ritual. Lynn “Gordie” Bailey suffered acute alcohol poisoning after being forced to drink large amounts of whiskey and wine while pledging the Chi Psi fraternity...
Plaintiffs to Challenge EarthLink Fee Ruling
Posted on March 20, 2009A class of plaintiffs is challenging a judge?s order to eliminate potential damages for EarthLink customers who accused the Internet service provider of charging improper termination fees. In an order last month, Fulton County Superior Court Senior Judge Alice D...
Record Damages Awarded in Assisted Living Lawsuit
Posted on March 20, 2009The family of a man who died in a Phoenix assisted living facility should receive $11 million in damages, an Arizona jury has ruled. According to the lawsuit, Liberty Manor Residency failed to properly monitor Earl Scherrer and falsified documents related to his care...
Appeals Court Rules for Bank of America on Fees
Posted on March 20, 2009A federal appeals court dealt a blow to credit card users Thursday in ruling that banks may charge retroactive penalties for customers who exceed their credit limit too often. In the decision, the 7th Circuit Court of Appeals found that Laura Swanson was not entitled to relief from Bank of America under Illinois law because [...
Studies Fault Popular Prostate Cancer Test
Posted on March 19, 2009A widely used prostate cancer test may expose many men to baseless and risky treatments with little life saving benefits, according to large studies on two continents. In the studies, conducted in Europe and United States, researchers found that the PSA blood test often produced results that lead men to undergo needless treatments for non-life-threatening [...
Family Files Lawsuit Over Deadly Police Collision
Posted on March 19, 2009The family of an 86-year-old Florida man killed earlier this year in a collision with a speeding police car filed notice Wednesday that they intend to pursue damages against the city of Jacksonville, Florida. The filing seeks to preserve evidence related to the January crash in which an officer traveling nearly 100 mph in a [...
Lawsuit Filed in Cyclist Death
Posted on March 19, 2009The family of a young woman who was crushed by a cement truck while riding her bike has filed a lawsuit against the company and its driver. In the lawsuit, the family of Tracey Sparling accuses Rinker Materials and Timothy Wiles of negligence in the 2007 incident...
Jury Awards Damages to Woman Left Comatose in Crash
Posted on March 19, 2009A jury has ordered a trucking company and its driver to pay $65 million to a woman left comatose and disabled from a 2007 crash. According to the lawsuit, a tractor-trailer truck owned by Bynum Transport ran a red light striking Kendra Lymon?s car. Attorneys said that despite regaining consciousness, Lymon still requires constant care.
Judge Orders Damages for Paralyzed Woman
Posted on March 19, 2009A former software developer who was left paralyzed following a 2006 automobile crash should receive $45 million in damages, a California judge has ruled. In court filings, an attorney for Tricia Roth said the collision with the wrecking and demolition company truck caused neck and spinal injuries that will require a lifetime of continuous care...
Family Files Lawsuit Over Drunken Driving Death
Posted on March 18, 2009The family of a construction worker killed in a 2008 drunken driving crash has filed a wrongful death lawsuit against the men convicted of causing the incident. According to the lawsuit, Tracie Dowell Nininger and Jeffrey Scott Dupree were solely negligent for crashing into the construction site where Richard Slone was working...
Judge Rejects Class Status in Pet Food Case
Posted on March 18, 2009A federal judge has denied class-action certification for a lawsuit accusing retail giant Wal-Mart and a group of pet food manufacturers of misleading consumers. In a pre-emptive move, attorneys for the defense moved to dismiss the class arguing that fraud laws in question would not support class treatment...
Gold Producer Settles Investor Suit
Posted on March 18, 2009The world?s largest gold producer has agreed to pay $24 million to settle claims that it misled investors about a program that ultimately hurt its stock price. In the suit, investors with Barrick Gold Corp. alleged that a hedging program to sell some gold at fixed prices was overly speculative and risky...
Significant Judgment Awarded in Back Surgery Case
Posted on March 18, 2009A Florida jury awarded $38 million to a Miami Beach woman Monday who was left disabled following spinal surgery. Jurors found that neurosurgeon Mario Nanes bore 68 percent of the responsibility for the woman?s injuries, Mount Sinai Medical Center was 18 percent at fault and the hospital?s pharmacy management company McKesson Medication Management was to [...
EMS Stethoscopes Could Transfer MRSA, Report Says
Posted on March 17, 2009Ambulance crews may be unwittingly exposing patients to drug-resistant bacteria through unsanitized stethoscopes, researchers report in a new study. According to the report, published in the journal Prehospital Emergency Care, emergency medical service workers failed to clean stethoscopes as often as they should, potentially spreading methicillin-resistant Staphylococcus aureus, or MRSA.
Drywall Suits Raise Safety Questions
Posted on March 17, 2009Scores of Florida homeowners are engaged in class-action lawsuits over Chinese-made drywall they say emits sulfur gases that corrode copper coils and electrical and plumbing components. The cases, which may ultimately affect homes in other parts of the country, also raise new issues about oversight of products imported from China...
Man Ordered to Pay Damages in Wrongful Death Case
Posted on March 17, 2009A judge has ordered a North Carolina man to pay more than $15 million in damages in a wrongful death lawsuit involving his slain wife. The award to the family of Michelle Young includes $3.89 million in actual damages and $11.67 million in punitive damages...
Family Plans Lawsuit Over Chimp Attack
Posted on March 17, 2009Family members of the victim of a February chimpanzee attack will likely seek $50 million in damages from the animal?s owner, court papers filed Monday say. According to the preliminary court filing, relatives of Charla Nash will seek for the owner to account for her finances and prevent her from liquidating assets...
State Court Approves ?Light? Cigarette Lawsuit
Posted on March 17, 2009The Massachusetts Supreme Judicial Court has rejected arguments from Philip Morris that a 1965 federal cigarette law pre-empts state laws against deceptive marketing. In a unanimous ruling, the state?s highest court cited a December U.S. Supreme Court ruling in which the justices found that consumers may pursue lawsuits involving the marketing of so-called light cigarettes...
Calif. Court Hears Arguments Over Juror Polling Error
Posted on March 17, 2009The California Supreme Court heard oral arguments this week over whether a judge?s failure to get one juror?s answer on two of 13 questions in a jury poll should warrant a new trial in a wrongful death case. Plaintiff attorneys argue that if a new trial is granted it could clear the way for unscrupulous [...
Salmonella Outbreak Should Give Lawmakers Pause
Posted on March 17, 2009The nationwide salmonella outbreak linked to the Georgia peanut processor should give lawmakers in every state pause as they consider legislation to add punitive damages in civil trials. Punitive damages can be an appropriate deterrent to corporate misconduct and that current laws are sufficient to prevent abuse of punitive damages.
Report finds Nation?s Healthcare System a Liability
Posted on March 16, 2009The nation?s costly healthcare system is putting the United States at an economic disadvantage when compared to other advanced countries, a report released last week says. According to the report produced on behalf of CEOs of major companies, the American worker benefits significantly less in terms of health quality despite paying significantly more for healthcare...
Worker Claims He Was Sickened by Asbestos at Smithsonian
Posted on March 16, 2009A Smithsonian National Air and Space Museum worker has filed a federal workplace safety complaint accusing the museum of knowingly exposing him to asbestos. According to the worker, the Smithsonian mishandled asbestos contained in spackling causing him to develop asbestosis...
Chemical Company to Restrict Sale of BPA
Posted on March 16, 2009A Philadelphia-based petrochemical company announced last week that it would restrict the sale of a chemical that scientists believe may harm infants. In a letter to investors, Sunoco said that it would no longer sell bisphenol-A, or BPA, to manufacturers who intend to use the substance for food and water containers used by children under [...
President Presses for Food-Safety Overhaul
Posted on March 16, 2009Speaking during his weekly radio address, President Obama this weekend announced plans to shore up the nation?s troubled food-safety system. Obama said he would rely on the newly created Food Safety Working Group for advice and food safety enforcement...
Heart Device Linked to More Than a Dozen Deaths
Posted on March 16, 2009More than a dozen people implanted with internal heart defibrillators have died because of faulty wiring that connects the device to the heart, medical device maker Medtronic announced Friday. According to the company, about 2,000 legal claims have been filed in connection with the thin electrical cable, known as the Sprint Fidelis...
Baby Products May Contain Carcinogens
Posted on March 16, 2009A nonprofit product safety group announced last week that baby products made by some of the nation?s largest companies contain trace amounts of chemicals considered potential carcinogens by the Food and Drug Administration. According to the Campaign for Safe Cosmetics, more than half of the baby products analyzed by the group contained either 1,4-dioxane or [...
Damages Awarded to Former Popcorn Worker
Posted on March 14, 2009A federal jury awarded $7.5 million Thursday to a former popcorn worker who claimed he developed a debilitating lung condition after working with artificial butter flavoring. The verdict came just one day after the plaintiff, Ronald Kuiper, died of complications related to the so-called popcorn lung ailment, his attorney said...
Wrongful-Death Suit Filed Over Death of another Football Player
Posted on March 14, 2009The family of a former University of Central Florida football player has filed a lawsuit blaming coaches and athletic trainers for the man?s death. The family claims that coaches and other staff failed to respond to signs of physical deterioration during an offseason workout despite knowledge that the 19-year-old freshman suffered from a genetic blood [...
University Settles Suit Involving Offseason Fatality
Posted on March 14, 2009A circuit court judge on Thursday approved a $2 million settlement between the University of Missouri and the family of a former football player who died during a voluntary workout in 2005. In the lawsuit, the family alleged that university athletic officials had not given medical attention to a sickle cell trait blamed for the [...
Suit Says Police Robbed Travelers
Posted on March 11, 2009Attorneys representing scores of people who claim to have been wrongly stripped of money and property by police in a small Texas town (Tehama) have filed a class-action lawsuit challenging a controversial state asset-forfeiture law. According to accounts, Tehana police officers have used the law to stop minority motorists and threaten them with jail in [...
Applied Behavior Therapy Coverage
Posted on March 10, 2009Autism patients in California are dealt insurance setback as The Department of Managed Health Care declines to require carriers to pay for applied behavior analysis, an expensive therapy that insurers contend is an educational service, not medicine. California regulators said Monday that insurers must provide speech, occupational and physical therapies to their autistic members but rejected [...
U.S. high court to hear suit over Mutual Fund fees
Posted on March 10, 2009The justices’ decision could make it easier for fund investors to challenge the levies. Critics have long complained that mutual fund fees are too high, wrongfully enriching Wall Street at the expense of ordinary Americans. On Monday, the U.S. Supreme Court said it would take on the contentious issue and the justices’ decision could make it [...
FDA: Drug Patches Pose Burn Risk in MRIs
Posted on March 09, 2009MRI scans could pose a safety threat to patients who use nicotine or other drug delivering patches, officials from the Food and Drug Administration warned last week. According to the FDA, tiny metal fragments in many of the patches can become heated by the devices, creating a risk for burns...
Consumers Could Face Hurdles Collecting From Peanut Corp.
Posted on March 09, 2009The peanut processor linked to a nationwide salmonella outbreak that has sickened hundreds may not have sufficient assets to cover claims filed by those injured by its products. According to a recent bankruptcy filing, Peanut Corp. of America will not use more than $7 million in assets to cover consumer lawsuits but instead will use [...
Jury Awards Damages in Oral Surgery Death
Posted on March 09, 2009A New Jersey jury has ordered an oral surgeon to pay $11 million to the family of man who suffocated following surgery to remove his wisdom teeth. In the lawsuit, the family claimed that surgeon George Flugrad and dentist John Madaris were negligent in the 2005 death of 21-year-old Francis Keller...
Family Files Lawsuit Over Home Explosion
Posted on March 09, 2009The family of a Pennsylvania man who was killed in a home explosion last year has filed a lawsuit accusing a gas company, plumber and contractor of negligence in the blast. In the lawsuit, the family claims that workers from Higgins Plumbing and W.S...
Lawmakers Push Forward with Medical Device Bill
Posted on March 09, 2009Democratic lawmakers last week reintroduced legislation that aims to overturn a Supreme Court decision that insulated medical device makers from lawsuits. The bill, the Medical Device Safety Act, comes on the heels of a Supreme Court case that rejected similar legal protection for pharmaceutical companies...
Talk isn?t cheap?
Posted on March 08, 2009For cellphone users, not talking is costly too as a study shows many customers pay for much more time than they use If you’re like most cellphone users, you probably think you’re paying less than 10 cents per minute for calls. Think again...
California man falsely accused of murder gets $1.3 million
Posted on February 26, 2009A federal jury Wednesday awarded almost $1.3 million in civil damages to a Glendale,California man who was falsely accused of murder and spent eight months in a Los Angeles County jail before being cleared of the charges. Attorneys for the man sued the Glendale Police Department in U...
Police Cruiser, Crown Victoria, Vulnerable to Fires?
Posted on February 25, 2009Ford Crown Victoria police cruisers and mechanically similar models are prone to gas leaks and fires when involved in rear-impact crashes, critics of the vehicles charge. According to an attorney familiar with Crown Victoria-related litigation, the location of the gas tank makes it highly vulnerable to rupture and explosions...
FDA Issues Warning on Seizure Drug
Posted on February 25, 2009A commonly used antiseizure drug may cause serious metabolic problems in epilepsy patients, federal health regulators recently warned. According to the Food and Drug Administration, Zonegran and its generic counterpart zonisamide can create dangerous chemical imbalances in the blood that lead to difficulty breathing, irregular heart rhythms and other long-term health problems...
Tests Confirm Salmonella at Texas Plant
Posted on February 25, 2009Health officials confirmed Tuesday that peanuts from a West Texas processor have tested positive for the strain salmonella linked to more than 600 illnesses and nine deaths. The plant, operated by Peanut Corp. of America, is the second facility owned by the Virginia-based company to be tied to one of the largest food recalls in [...
Detroit Settles Suit over Death in Police Custody
Posted on February 25, 2009The family of a man who died in Detroit police custody will receive $2 million under a settlement reached Monday with the city. According to attorneys, James Stone suffered a heart attack after being arrested on a parole violation but was never transported to a hospital by police...
3rd Circuit Court of Appeals Rules Against Arbitration Clauses
Posted on February 25, 2009Appeals Court Rules Against Arbitration Clauses A federal appeals court has ruled that state courts may declare arbitration clauses unconscionable in cases where individual claims would yield minor sums. In a unanimous decision, the 3rd Circuit Court of Appeals found that a lower court had erred in finding that a class action was barred by a [...
Asbestos exposure and cancer
Posted on February 24, 2009For more than 20 years, W.R. Grace & Co. operated a vermiculite mine in Libby, Mont., producing bags of puffy white granules that were marketed all over the U.S., perfect for insulating attics and aerating gardens and potting soil. The trouble was, the vermiculite contained small quantities of asbestos, a cancer-causing fiber that could, even in [...
Inventors ClaimPatent Rules Are Out of Date
Posted on February 24, 2009A recent case before the U.S. Court of Appeals for the Federal Circuit points up the difficulty of making such judgments in the age of the Internet. Two inventors from Pittsburgh developed a computerized method for using weather data to predict commodities prices and energy costs...
OK, so times are tough - let?s roll
Posted on February 23, 2009Here is a snippet of an article from the Blog of Adam Smith, Esq. called “LET’S JUST PULL THE COVERS OVER OUR HEADS. OR NOT.” “America has been through many crises and challenges before, far worse than what we’re experiencing today...
Lawsuit Likely in Chimp Attack
Posted on February 23, 2009The owner of a chimpanzee shot and killed by police after it attacked a 55-year-old woman last week will likely be named in a lawsuit, according to legal experts. Attorneys say the state could also be accused of liability in the incident because it should have known the animal was a risk to the public...
Wal-Mart Settles Racial Bias Lawsuit
Posted on February 23, 2009Retail giant Wal-Mart has agreed to pay $17.5 million to settle a class-action lawsuit accusing the company of racial bias. According to the lawsuit, Wal-Mart discriminated against African-American truck driving applicants. Under the settlement, Wal-Mart has also agreed to hire additional black applicants and pursue other diversity initiatives...
Jury Determines Doctor Not Liable in Eye Surgery Case
Posted on February 23, 2009A Vermont jury has cleared a Burlington eye doctor of liability in a lawsuit that accused the 72-year-old man of performing unnecessary surgeries. After deliberating for nearly 11 hours, jurors found that the Doctor had provided a reasonable standard of care for a woman who underwent cataract surgery...
Group Advocates Changes to Supreme Court
Posted on February 23, 2009A group of legal experts are proposing that lawmakers ought to intervene to change how the Supreme Court operates. In a letter to congressional leaders, 34 prominent law professors and jurists propose a variety of changes to how to court chooses cases, how justices are appointed and how long they should serve...
Justices Scheduled to Hear Big Cases in Coming Sessions
Posted on February 23, 2009After nearly a on vacation, the Supreme Court is scheduled to decide in the coming months several cases that could prove significant for the plaintiffs? bar. Among the issues before the court are two potentially important civil rights cases, at least two cases dealing with federal pre-emption, one punitive damages case and one employment discrimination [...
Class Action Filed Over Chinese Drywall
Posted on February 23, 2009Scores of Florida homeowners have filed a class-action lawsuit against Chinese drywall makers over claims that the products may cause health and safety problems. According to safety officials, the drywall may emit sulfuric odors that can cause headaches, dry eyes, and bloody noses and may damages home appliances...
Who is left to pull the wagon?
Posted on February 22, 2009The Los Angles Times reports that 20% of the people living in Los Angeles County now receive public aid and officials expect that number to rise significantly. Nearly 2.2 million people are receiving public assistance payments or benefits, a level county officials say will rise significantly over the coming months...
Pentagon study finds Guantanamo meets Geneva Convention standards
Posted on February 21, 2009The Pentagon has concluded that the military detention center at Guantanamo Bay meets the standards for humane treatment of detainees established in the Geneva Convention accords. In a report for President Obama on conditions at Guantanamo, the Pentagon recommended some changes — mainly providing some of the most troublesome inmates with more group recreation and opportunities [...
New York Times wins, sort of
Posted on February 20, 2009The New York Times’ fended off a defamation suit over an article about Sen. John McCain and a lobbyist. The editor of the New York Times said how proud he was of one of the paper’s campaign investigations of John McCain. While another top Timesman praised the same story as “a powerful examination” of a [...
Oklahoma Lawmakers Push ?Tort Reform? Bill
Posted on February 20, 2009Oklahoma lawmakers have received committee approval for a bill that would make it more difficult for people to file lawsuits for professional negligence. Under the bill, which was approved by the Oklahoma House Judiciary Committee, plaintiffs would have to submit a so-called certificate of merit expert affidavit before their lawsuit could proceed...
Two Whistleblower Suits Over Heart Drug
Posted on February 20, 2009Two whistleblower lawsuits got backing from the federal government Thursday over claims that a Johnson & Johnson unit, Scios Inc., engaged in off-label marketing for one of its heart drugs. According to a statement issued by the Department of Justice, Scios aggressively marketed the heart failure drug Natrecor to patients with less severe conditions beginning [...
Congress Pushes to Nullify Medical Device Decision
Posted on February 20, 2009Congressional lawmakers are expected to introduce legislation that would override the 2008 Supreme Court decision that protects medical device makers from lawsuits. Critics of the decision say it leaves injured patients with virtually no recourse against devices approved by a hamstrung Food and Drug Administration...
Salmonella Outbreak Should Alert Lawmakers
Posted on February 20, 2009The nationwide salmonella outbreak linked to the Georgia peanut processor should alert lawmakers in every state as they consider legislation to add punitive damages in civil trials. Punitive damages can be an appropriate deterrent to corporate misconduct and that current laws are sufficient to prevent abuse of punitive damages.
Jury Awards Damages for Birth Injury
Posted on February 20, 2009A South Carolina jury has ordered a Rock Hill hospital to pay $4.4 million to the family of a girl who died four years after sustaining brain injuries at birth. According to the lawsuit, filed by the parents, Piedmont Medical Center staff failed to act on signs that the baby was suffering from fetal [...
Wal-Mart Trampling may result in Lawsuit
Posted on February 20, 2009The parents of a Wal-Mart security guard trampled to death by shoppers may pursue a lawsuit against Nassau County and its police department, according to a court filing. An attorney for the family filed a notice of claim Tuesday indicating that they may seek damages up to $35 million...
Jury Gets Cast Against Eye Doctor
Posted on February 20, 2009A Vermont jury began deliberations in a case that accuses a Burlington eye doctor of pressuring a patient into unnecessary cataract surgery. In closing statements, an attorney for the plaintiff argued that the Doctor intentionally misinterpreted test results in order to perform surgeries...
Report questions science, reliability of crime lab evidence
Posted on February 19, 2009The National Academy of Sciences says many courtroom claims about fingerprints, bite marks and other evidence lack scientific verification. It finds forensics inconsistent and in disarray nationwide. Sweeping claims made in courtrooms about fingerprints, ballistics, bite marks and other forensic evidence often have little or no basis in science, according to a landmark report released Wednesday [...
Federal Judge freezes assets of Stanford and others
Posted on February 18, 2009A federal judge froze the assets of Stanford and three of his financial services companies and appointed a receiver to marshal what funds could be located. R. Allen Stanford, the Texas billionaire charged Tuesday with perpetrating an $8-billion investment fraud, cast himself as offshore investment guru to the transatlantic jet set and benefactor to the Caribbean [...
Briargate and Powers ranked most dangerous intersection in 2008
Posted on February 18, 2009For the second year in a row, Briargate Parkway and Powers Boulevard was identified as the most dangerous intersection of the year in Colorado Springs. The unfinished interchange in northeast Colorado Springs topped the city’s list of the 25 most crash-prone locations.
Doctors Warn of New Drug-Resistant Infections
Posted on February 18, 2009Doctors are concerned that a lesser known class of drug-resistant infections could soon pose a major health threat to hospital patients. Known as “gram-negative” bacteria, infections such as Acinetobacter baumannii, Pseudomonas aeruginosa and Klebsiella pneumoniae are especially difficult to treat because of their ability t fight off even the most advanced antibiotics...
Damages Awarded to Widow of Deer Hunter
Posted on February 18, 2009An Indiana jury has ordered three companies to pay $157 million to the family of a man who died after the tree stand he was using to hunt deer malfunctioned. Jurors reached the verdict after the defendants, L & L Enterprises in Hattiesburg, Miss...
San Francisco Zoo Settles Tiger Attack Lawsuit
Posted on February 18, 2009The family of a boy who was mauled to death in a 2007 tiger attack at the San Francisco Zoo has agreed to settle their wrongful death lawsuit against the zoo. The financial terms of the settlement were not disclosed but attorneys confirmed that the zoo would erect a memorial in the boy?s honor...
Lawsuit Filed Over Lead-Tainted Water
Posted on February 18, 2009The father of twin 8-year-old boys filed a lawsuit accusing the Washington D.C. Water and Sewer Authority of covering up lead contamination in the city?s tap water. According to the lawsuit filed by the father, his sons were poisoned by lead-tainted water used to prepare baby formula...
Texas Firm Charged with ?Shocking? Fraud
Posted on February 18, 2009Federal investigators charged a billionaire financier and his Texas-based companies with what one Securities and Exchange Commission official characterized as ?a fraud of shocking magnitude.? According to the SEC, R. Allen Stanford, his companies and two other executives masterminded a scheme to sell $8 billion in CDs that offered fraudulent returns...
Lawsuit Seeks Disclosure of Cleaning Product Ingredients
Posted on February 18, 2009A non-profit environmental group filed a lawsuit Wednesday seeking to force Procter & Gamble, Colgate-Palmolive and two other major firms to disclose the ingredients and effects of their cleaning products. According to Earthjustice, the firms failed to comply with Article 35 of New York?s Environmental Conservation Law which requires companies to submit semiannual reports of [...
Lawsuit Filed by Inmate Paralyzed in Taser Incident
Posted on February 18, 2009According to a lawsuit recently filed, the Los Angeles County Sheriff?s Department violated the civil rights of an inmate who was paralyzed below the chest after being shocked by a stun gun. The attorney for the inmate says that deputies should have known that shocking the man while he was standing on a top bunk [...
Study Reports that MRSA Infections are on the Decline
Posted on February 18, 2009The number of patients infected with drug-resistant bloodstream infections during stays in hospital intensive care units dropped dramatically during the past decade, government researchers report. According to the study, published in the Journal of the American Medical Association, catheter-based MRSA infections dropped nearly 50 percent from 1997 to 2007...
Overtime Class Action
Posted on February 17, 2009A federal judge last week certified class-action status for a lawsuit by Kansas meatpacking workers who claim they were denied overtime and other benefits. In the lawsuit, thousands of workers allege that Tyson?s Foods Inc. violated state and federal labor laws by failing to pay them for time spent donning protective equipment...
Wisconsin Court Dismissed Medical Device Lawsuit
Posted on February 17, 2009A man who had surgery to remove a potentially defective medical device cannot seek damages against the company that manufactured it, the Wisconsin Supreme Court has ruled. Citing federal law and a recent U.S. Supreme Court decision, the high court found the man?s lawsuit was barred because the device had been approved by the Food [...
Lost your Job? - Look out for scams
Posted on February 17, 2009In the current ailing economy, consumer advocates are warning job seekers to be wary of scams promising the perfect job for a price. According to the Consumer Protection Agency, 6,000 people filed complaints about headhunters and employment and placement agencies during 2007...
Fatal Train Accident = Lawsuit
Posted on February 17, 2009The Burlington Northern Santa Fe Railway, Amtrak and others were negligent in the death of a Denver man struck by a train near Las Vegas, claims a lawsuit filed by family members. According to the lawsuit, the deceased could not see the oncoming Amtrak train because vegetation blocked his view at the crossing...
Hospital Named in Patient Death Suit
Posted on February 17, 2009A Washington state psychiatric hospital was negligent in the death of a 27-year-old man, according to a two lawsuits filed by family members. In the lawsuits, the family claims that staff at Western State Hospital in Lakewood failed to take adequate measures to prevent the man?s suicide and attempted to cover up mistakes...
Former spokesman for Winston Cigarettes asks for damages from companies
Posted on February 17, 2009A Florida jury is scheduled to decide whether a former cigarette spokesman should receive damages from tobacco companies for his smoking-related illnesses. Alan Landers, who worked as a model for Winston cigarettes during the 1960s and 1970s, claims that current throat cancer, past lung cancer and other problems were caused by smoking...
Damages for Birth Injury Awarded by Jury
Posted on February 17, 2009A South Carolina jury has ordered a Rock Hill hospital to pay $4.4 million to the family of a girl who died four years after sustaining brain injuries at birth. According to the lawsuit, filed by the family, Piedmont Medical Center staff failed to act on signs that the baby was suffering from fetal [...
Damages Awarded to MRSA Amputee
Posted on February 17, 2009A Dallas-area jury has awarded $17.5 million to a man who lost his arms and legs to an MRSA infection. In the ruling, jurors found that a Doctor was negligent for medical malpractice in treating the man following a 2003 surgical procedure. State medical malpractice caps limit the total award to $7...
Not worth peanuts?
Posted on February 17, 2009The company blamed for a nationwide salmonella outbreak and peanut recall has announced that it has filed for bankruptcy protection. The Peanut Corporation of America said Friday through an attorney that the recent recalls and potential litigation made liquidation of the company?s assets inevitable...
Attorneys file ERISA-related lawsuit in the Madoff scandal
Posted on February 17, 2009A Pennsylvania law firm has filed what is thought to be the first ERISA-related class-action lawsuit stemming from the Bernard Madoff scandal. According to the lawsuit, filed on behalf of the Pension Fund for Hospital and Health Care Employees ? Philadelphia and Vicinity and a class of similar funds, Austin Capital Management Ltd...
Cyclists and Swimmers at risk for bone loss?
Posted on February 16, 2009The low-impact nature of Cycling may not be conducive to building strong bones and high-impact exercises can ease the risks of injury. Cyclists are no strangers to breaks and fractures, and the sport, known for its low-impact nature, may not be conducive to building strong bones...
California DMV is sued over Medical Marijuana
Posted on February 16, 2009The lawsuit says patients taking medical marijuana under doctor’s orders are unfairly targeted for license suspensions. A California man was pulled over for speeding on the Interstate and the California Highway Patrol officer smelled weed, searched the car, took the marijuana and pipe and gave the man a sobriety test, which he passed...
Hard time ahead for Lawyers?
Posted on February 16, 2009More than three-quarters of lawyers in Massachusetts believe they will be hard hit by the recession and that the legal field will remain rocky for some time to come. That is the conclusion of a survey published this week by the Massachusetts Bar Association...
For the less romantically-inclined?
Posted on February 16, 2009If you’ve got 60 minutes, you can get a divorce: The ABA Journal reports on the “60 Minute Divorce,” the brainchild of New York’s Brodsky Law Firm. Essentially, married couples seeking to separate can show up at the law firm, pick up a $10 gift card for lunch at McDonald’s or Starbucks and enjoy a [...
Advice from Lawyer Abraham Lincoln
Posted on February 16, 2009A lawyer’s time and advice are his stock in trade, said one of our nation’s most famous lawyers, Abraham Lincoln. But in honor of President’s Day, you can have the privilege of some of Lincoln’s advice at no charge, courtesy of an article in USA Today...
Officials Order Recall for Texas Peanut Plant
Posted on February 14, 2009A Texas peanut plant linked to the company blamed for a nationwide salmonella outbreak has been ordered to recall all products shipped since 2005 after inspectors found evidence of contamination at the plant. According to state health officials, inspectors found dead rodents, rodent excrement and bird feathers at the Peanut Corp...
Family Dealt Another Blow in Blackwater Case
Posted on February 14, 2009A federal administrative law judge has ruled that the children of a Blackwater Worldwide contractor killed during a surprise assault in Iraq are entitled to government insurance payments that prohibit them from seeking damages against the company. An attorney for the children?s mother had argued that the Defense Base Act should not apply to Blackwater [...
Groups Settle Wrongful Eviction Claims
Posted on February 14, 2009A group of developers and the city of Los Angeles have agreed to pay nearly $1 million to settle allegations that they sought to force low-income residents from their homes in a downtown hotel. Under the settlement, Amerland Group, Logan Property Management, the city and its Community Redevelopment Agency will pay $950,000 to residents who [...
Families File Lawsuits Over Helicopter Crash
Posted on February 14, 2009The owner and manufacturers of a helicopter that crashed last year killing two firefighters are liable for the crash and men?s deaths, according to lawsuits filed Thursday. In the lawsuits, the families of Matthew Hammer and Bryan Rich allege that negligence by Carson Helicopters, General Electric, Columbia Helicopters, Sikorsky Aircraft and United Technologies contributed to [...
Death Prompts Lawsuit Against Center for Disabled
Posted on February 14, 2009The family of a mentally disabled Nebraska woman who died while in the care of a state-run center has filed a lawsuit accusing the facility of negligence. According to the lawsuit, bungling by administrative staff at the Beatrice State Developmental Center caused Olivia Manes to die about three hours after suffering a seizure...
Widow Wins First Round of Fla. Smoker Suit
Posted on February 14, 2009A Florida man died of lung cancer because of his addiction to nicotine, a Fort Lauderdale jury ruled on Thursday. The finding now sets the stage for jurors to decide whether to order damages against Altria Group Inc.?s Philip Morris unit in connection with the man?s death...
Clinic?s refusal to Treat HIV-Positive Patient bring Lawsuit
Posted on February 14, 2009A Wisconsin clinic refused to treat a woman who tested positive for the virus that causes AIDS, a lawsuit filed Thursday says. According to the lawsuit, Dr. Steven M. Cahee, Agnesian HealthCare Inc. and Fond du Lac Regional Clinic violated state and federal laws when they opted not to perform gallbladder surgery on an inmate [...
Court Rules Against Vaccine-Autism Link
Posted on February 14, 2009Three special court judges have ruled against a group of families who claimed that common childhood vaccines caused their kids to develop autism. In one ruling issued Thursday, a special master, George L. Hastings Jr., found that evidence in the case overwhelmingly contradicted claims that the measles virus in the measles, mumps and rubella vaccine [...
Colorado Trial Lawyers Association Seminar
Posted on February 14, 2009The Colorado Trial Lawyers Association (CTLA) offers attorneys, legal staff, full-time judges and students the opportunity to register for its upcoming Subrogation Seminar 2009 scheduled for Friday, Feb. 27 in Denver. The seminar features guest speaker Matthew Garretson, a national expert on solving subrogation issues...
Health Net agrees to settle rescission lawsuits
Posted on February 12, 2009The Woodland Hills, California insurer will pay as much as $14 million to close the books on litigation over the canceling of health policies. The lawsuits were brought on behalf of 800 former policyholders whose coverage was dropped after they submitted substantial medical bills...
Peanut-borne salmonella is the subject of outrage in Congress
Posted on February 12, 2009Relatives of victims of the outbreak that has killed nine call for better safeguards while the officials of Peanut Corp. of America take the 5th when asked why tainted products were released. Refusing to answer questions on the grounds of ’self-incrimination’ (taking the 5th) was wise for there will be plenty of law suits and criminal [...
Technology Can Tax Jurors? Attention Spans
Posted on February 09, 2009An overload of digital media and online connectivity can make it extremely difficult to keep the attention of the modern juror, according to commentary originally published in the National Law Journal. From iPods to BlackBerries, jurors can find it hard to focus on important things in their own lives, much less complicated issues at trial...
Salmonella Outbreak Exposes Wider Safety Problems
Posted on February 09, 2009The New York Times reported that conditions at a Georgia peanut plant blamed for a nationwide salmonella outbreak were only a small element of the unmasking of major problems in the food safety system. Investigations into the outbreak revealed major disconnects between government oversight and corporate accountability...
Victims Seek Legal Relief for Madoff Losses
Posted on February 09, 2009Investors taken by the alleged Ponzi scheme by Bernard Madoff are increasingly turning to attorneys in hopes of recovering their losses. While some of the cases represent huge classes of investors, some are being filed by individuals who lost relatively small amounts in the plot...
Companies Negligent in Death of Contractor, Lawsuit Says
Posted on February 09, 2009The family of a civilian contractor killed in Iraq has filed a lawsuit against Halliburton Co. and KBR Inc. alleging that the companies were negligent in the man?s death. According to the lawsuit, errors by the military contractors led U.S. troops to open fire on the man?s truck after they wrongly concluded that he was [...
Lawsuit: Hospital Mishandled Care of Young Girl
Posted on February 09, 2009A Houston, Texas-area hospital was negligent in the care of a 3-year-old girl who underwent emergency surgery to remove a corroded lithium battery from her nose, a lawsuit filed by the family claims. According to the lawsuit, doctors at St. Luke?s Hospital in the Woodlands failed to perform X-rays during an initial emergency room visit [...
Supreme Court to Weigh Superfund Costs
Posted on February 09, 2009Three companies are asking the Supreme Court to let them off the hook for $40 million in cleanup costs for federal Superfund sites. At issue in the consolidated cases before the justices is the concept of arranger liability, or how costs of cleanup projects are apportioned...
Trooper Files Lawsuit Against Taser
Posted on February 09, 2009A Massachusetts state trooper who was shocked with a Taser during a training demonstration has filed a lawsuit against the Arizona-based company. In the lawsuit, the trooper claims the shock bent a surgical screw in his leg causing pain, suffering and a reduction in pay...
Lawsuit Claims Banks are Liable for Ponzi Schemes
Posted on February 09, 2009The retail bank Sovereign and its parent company Banco Santander S.A. were liable for investor losses arising from Ponzi schemes, according to a pair of federal lawsuits filed recently. In the lawsuits, plaintiffs claim that Sovereign and its parent failed to take precautions to guard investors from funds that operated as Ponzi schemes...
Which antidepressant drug is the best?
Posted on February 09, 2009The Studies conflict as Zoloft, Lexapro and other drugs are tested for effectiveness and side effects and the study says Zoloft and Lexapro are not the best. The study, published online last month in the medical journal Lancet, compared 12 newer generation antidepressant drugs using data from 117 published clinical studies with nearly 26,000 subjects...
Failure of L.A. County safeguards let convicted rapist work at clinic
Posted on February 08, 2009And the government wants to run medical care for us all. Duh. If Los Angeles County had followed procedures, a health department official says, a convicted rapist would not have returned to work as an X-ray technologist. A breakdown in county procedures meant to protect patients and ensure standards for health professionals allowed a temporary employment agency [...
Abortion may be murder - but Octuplets is child abuse
Posted on February 07, 2009A beaming Dr. Karen Mapes appeared on “Larry King Live” this week to discuss the epic birth of octuplets she supervised at Kaiser Permanente Medical Center in Bellflower, but the ticker at the bottom of the screen said it all: “OCTUPLETS OUTRAGE...
Your government protecting you after the fact.
Posted on February 07, 2009Some batches of peanuts tainted with salmonella were not retested before shipping, and the FDA agency says Peanut Corp. of America lied to Food and Drug Administration investigators (sitting in their ivory towers and not at the plant) about shipping batches of the food known to be tainted with salmonella bacteria...
Let the seller always beware
Posted on February 06, 2009The Better Business Bureau and the Florida attorney general’s office have received hundreds of complaints about Cash4Gold’s jewelry exchange and most of them say the company shortchanged them. The Florida attorney general’s office says it is examining nearly 60 complaints about Cash4Gold, including some from people who were disappointed by the amount of money they received [...
Kellogg Added to Salmonella Suit
Posted on February 06, 2009An attorney for a Vermont family whose child was sickened after eating tainted peanut butter crackers said Thursday that they will add Kellogg Co. to their lawsuit. The addition of Kellogg as a defendant comes as the Peanut Corporation of America?s sole insurance carrier announced it would seek to limit liability in connection with the [...
Judge Shuts Loophole in Toy Safety Law
Posted on February 06, 2009A judge has ruled that federal safety regulators must remove toys containing toxic manufacturing chemicals from shelves in order to comply with an impending ban. The ruling by U.S. District Judge Paul Gardephe forces the Consumer Product Safety Commission to close a loophole that allowed some toys containing phthalates to remain on the market...
Changes at the High Court?
Posted on February 06, 2009The reported surgery of Supreme Court Justice Ruth Bader Ginsburg?s for early-stage pancreatic cancer emphasizes the potential for change in the makeup of the court during the Obama administration. Illnesses and aging have contributed to a prevailing sentiment that President Obama could have several seats to fill in the coming years...
Allstate cooks the books?
Posted on February 06, 2009A report by Allstate has some questioning whether the insurer?s bookkeeping practices could hurt investors and policyholders in the long run, the Washington Post reports. According to the newspaper, accounting changes provided year-end boosts of $347 million and $365 million, respectively, to company coffers...
Diabetics at Risk from Insulin Error, Army Says
Posted on February 06, 2009A suspected flaw in insulin injection procedures may have exposed more than 2,000 diabetic patients to hepatitis or HIV, officials at William Beaumont Army Medical Center said Thursday. According to Army officials, staff might have incorrectly used injection pens on multiple diabetics...
Illnesses Linger Among World Trade Center Workers
Posted on February 06, 2009Many World Trade Center responders who worked at Ground Zero in the wake of the Sept. 11 attacks still suffer from lung ailments years later, researchers report. According to a study conducted by Mount Sinai Medical Center, more than 24 percent of 3,000 responders tracked showed signs of abnormal lung function between 2004 and 2007...
Government May Have Bought Tainted Peanuts
Posted on February 06, 2009The federal government has acknowledged it received 32 truckloads of potentially tainted roasted peanuts and peanut butter from a peanut producer linked to a nationwide salmonella outbreak, raising new questions about the government?s ability to keep dangerous substances out of the food supply...
Taser Ordered to Pay Fees in Wrongful Death Case
Posted on February 06, 2009Stun gun maker Taser International must pay $1.4 million in fees to attorneys for the family of a California man who died after repeatedly being shocked by the weapon, a federal judge has ruled. Last year, a jury found that Taser failed to inform police officers that the weapon could be harmful if used repeatedly...
Your government at work!
Posted on February 06, 2009FDA says Georgia peanut processor knowingly shipped salmonella-tainted products The Food and Drug Administration says that a plant in Blakely, Ga. knowingly shipped salmonella-tainted peanut products. The facility had not undergone an FDA inspection since 2001...
DOJ Puts Auto Database Online
Posted on February 05, 2009Consumers, law enforcement officials and others can now access a long awaited database to discover critical information regarding vehicle histories. Within the new database, called the National Motor Vehicle Title Information System, users can view a vehicle’s brand history, odometer data and basic vehicle information and can be redirected to the current state of record [...
FDA Got Approval from Company Before Recall
Posted on February 05, 2009Federal health officials had to seek permission from the company blamed for a nationwide salmonella outbreak before they could initiate a recall, the New York Times reports. Under current Food and Drug Administration rules, the agency must consult with companies on the wording of recalls before they can take effect...
Attorneys Look to Insurance for Madoff Claims
Posted on February 05, 2009Attorneys say that insurance claims will likely be an active front for Bernard Madoff investors seeking to recover losses from the massive Ponzi scheme. However, not everyone is certain what role insurance coverage will play in the upcoming legal wrangling...
Appeals Court Approves Added Damages to Cover Taxes
Posted on February 05, 2009A federal appellate panel has ruled that a judge may increase an award in an employment discrimination case to offset tax consequences resulting from the awarding of back pay. In a unanimous ruling, the 3rd Circuit Court of Appeals found that a magistrate judge had rightly awarded the plaintiff additional damages to cover taxes...
Madoff Whistleblower Critical of SEC
Posted on February 05, 2009A whistleblower told lawmakers Wednesday that the Securities and Exchange Commission largely ignored nine years of warnings that Bernard Madoff was engaged in fraudulent activities. In prepared congressional testimony, Harry Markopolis said SEC investigators repeatedly shrugged off clear signs of the fraud due to what he called investigative ineptitude...
Texas Agency Ordered to Pay Damages to Whistleblower
Posted on February 05, 2009A Texas jury has ordered a state agency to pay $900,000 for retaliating against and firing a worker after she complained about discrimination against minorities. According to an attorney for the plaintiff, officials with the Texas Commission on Human Rights regularly hired white employees for civil rights positions over better qualified minority candidates...
Lawsuits Accuse Lenders of Strong-Arming Appraisers
Posted on February 05, 2009Two of the nation?s largest mortgage lenders bullied independent home appraisers into making favorable appraisals, according to a pair of lawsuits filed recently. In the lawsuits, both of which seek class-action status, plaintiffs claim that Wells Fargo and Countrywide violated the Real Estate Settlement Procedures Act and the Racketeering and Corrupt Policies Act...
Panel Urges Withdrawal of Pain Drug
Posted on February 02, 2009A federal advisory panel urged the Food and Drug Administration on Friday to ban the prescription pain medication Darvon in light of its weak pain relieving properties and potential for addiction. Companies that market the drug maintained that it is a safe and effective treatment option...
Peanut Producer Subject of Criminal Probe
Posted on February 02, 2009Federal officials on Friday said they had launched a criminal investigation into the peanut processor linked to a nationwide salmonella outbreak. Investigators said they will seek to determine whether the Peanut Corp. of America violated any criminal laws by allegedly shipping contaminated peanut butter to other food companies...
Companies in Hot Water Over Insurance Policies
Posted on February 02, 2009So-called dead peasant insurance policies are landing an increasing number of employers in legal hot water, according a report in the National Law Journal. Critics of the secret insurance policies, often called corporate-owned life insurance policies or bank-owned life insurance, charge that they are commonly used to help companies benefit from the deaths of low-level [...
Layoffs Trigger More Employment Lawsuits
Posted on February 02, 2009As companies have accelerated layoffs, workers are increasingly turning to the courts with claims that they were improperly terminated. From Lehman Brothers to Dell, companies face allegations of discrimination and other employment-related violations, and attorneys predict employment litigation will continue to grow...
Wal-Mart Settles Prescription Death Suit
Posted on February 02, 2009Wal-Mart has reached a confidential settlement with the family of a Maryland man who died after receiving the wrong prescription from a Wal-Mart pharmacy, an attorney for the family said. George Smith died in 2007 after becoming ill when he took prescriptions intended for someone else...
Lawsuit Over Pfizer Drug Tests to Proceed
Posted on February 02, 2009A federal appeals court has breathed new life into a lawsuit filed by Nigerian families who claim Pfizer secretly tested an experimental drug on their children during a 1996 meningitis outbreak. In a divided ruling, the 2nd Circuit Court of Appeals found that the families may pursue their claims under a 1789 law allowing foreigner [...
Insurer Misstated Subprime Liabilities, Lawsuit Says
Posted on February 02, 2009Shareholders of Triad Guaranty Inc. filed a lawsuit last week accusing current and former executives of violating federal securities laws. According to the class-action lawsuit, the insurer misstated financial results related to subprime and adjustable-rate mortgage products...