Update: 2 Studies Suggest Avandia Increases Risk of Heart Problems.

Posted On: June 30, 2010

ABC World News (6/28, story 7, 2:20, Sawyer) reported, "Two major studies have found the medicine called Avandia [rosiglitazone] could create a significant new risk of heart attack and other serious problems."

The Washington Post (6/29, Stein) reports that one study, "involving more than 35,500 people, found that Avandia significantly raises the chances of a heart attack." A separate study "of more than 227,500 Medicare patients -- the largest such study to date -- found that the drug boosts the risk for strokes, heart failure, and death."

Los Angeles Times (6/29, Roan) reports that the first study "found Avandia raised the risk of heart attacks by 28% to 39% as compared with other diabetes medications. The study was published online in the Archives of Internal Medicine."

Bloomberg News (6/29, Cortez) quotes Steven Nissen, MD, lead author of the study, as saying, "I think we've got more than enough evidence to say this drug should not be used."

USA Today (6/29, Marcus) reports that in the second study, published in the Journal of the American Medical Association, "scientists from the Center for Drug Evaluation and Research at the Food and Drug Administration evaluated data from 227,571 Medicare beneficiaries taking either Avandia or Actos [pioglitazone hydrochloride]." The investigators found "no differences in the risk for heart attack between the two drugs, but the study found that compared with Actos, Avandia was associated with a 25% increased risk of heart failure, a 27% increased risk of stroke and a 14% increased risk of death."

Lawmakers call for Avandia to be pulled from market. The Hill (6/28, Pecquet) "Healthwatch" blog reported that "Sen. Chuck Grassley (R-Iowa) and Rep. Rosa DeLauro (D-Conn.) on Monday called for the diabetes drug Avandia to be pulled from the market in the wake of two new medical studies." In a joint statement, Sen. Grassley said, "The serious issues delineated in these two new, independent reports put additional onus on advisory committee members when they meet in July."

Bloomberg News (6/29, Peterson, Cortez) reports that "Grassley and Senator Max Baucus, a Montana Democrat, in February released a report that said Glaxo knew Avandia may cause heart damage several years before" a "study documented the risk."

Continue reading " Update: 2 Studies Suggest Avandia Increases Risk of Heart Problems. " »

Ohio Man Killed By Police Taser, Lawsuit Filed

Posted On: June 29, 2010

A lawsuit has been filed against the University of Cincinnati police and the University Hospital in the Taser death of a psychiatric patient.

Kelly Brinson was tased by police officers while under restraints at the hospital, the lawsuit claims, sending him into cardiac arrest and killing him three days later.

Brinson suffered from paranoid schizophrenia, bi-polar disorder, delusions and other mental disorders. The lawsuit accuses police of using extreme force and hospital officials of negligence in caring for Brinson. Eileen Kelle, The Cincinnati Enquirer 06/28/2010

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Bad News Continues for Avandia Diabetes Drug

Posted On: June 29, 2010

The diabetes drug Avandia, once the world's top-selling diabetes medication, took two more hits with one new study linking it to an increased risk of heart attacks and a separate study linking it to an increased risk of heart failure and stroke.

The research comes only weeks before an upcoming federal hearing to reconsider its fate. Shari Roan, LA Times 06/29/2010

The drug, known by its generic name, rosiglitazone, was approved in 1999 to help people with Type 2 diabetes control their blood sugar. At the time, it was considered a safer alternative than existing diabetes drugs used instead of insulin. Soon after approval, the drug was linked to an increased risk of heart failure and bone fractures; worries about the drug's safety increased in 2007 when a meta-analysis — a pooling of previous studies — concluded that the drug increased the risk of heart attack.

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Church, University Settle Molestation Lawsuit

Posted On: June 29, 2010

A settlement has been reached between Bethany First Church of the Nazarene and Southern Nazarene University and five young girls who claimed to have been molested by the church's elementary pastor.

The lawsuit claimed that Ryan Martin Wonderly molested the girls sometime before 2003 and that church and SNU officials were aware of his struggles with child pornography but still put him in charge of young kids. Wonderly is currently serving a 35-year prison sentence for child molestation. The exact monetary value of the settlement was not disclosed.
Nolan Clay, NewsOK.com 06/24/2010

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BP Oil Spill Blowout Documents

Posted On: June 29, 2010

In the first frantic days after the blowout of the oil well in the Gulf of Mexico, crisis managers in Houston, concerned about the potential for an even greater catastrophe, weighed the risks of using more aggressive methods to try to control the well or leaving it alone, according to meeting notes and other documents.

A handwritten log was among hundreds of pages of unreleased documents obtained by The New York Times in which managers describe the desperate bid to control the subsea gusher that has spewed millions of gallons of oil into the gulf. Henry Fountain, The New York Times 06/22/2010

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Thousands of Nurses Punished by Other States Maintain Licenses in California.

Posted On: June 28, 2010

The Los Angeles Times (6/28, Weber, Ornstein) reports that California's "Board of Registered Nursing has discovered that some 3,500 of its nurses have been punished for misconduct by other states -- hundreds even had their licenses revoked -- while maintaining clean licenses in California."

Now, "as many as 2,000 of these nurses...will face discipline in California, officials estimate." According to the Times, "The board's discovery was prompted by a Times/ProPublica investigation last year that found hundreds of instances in which California nurses had been sanctioned elsewhere for sexual abuse, neglect, rampant drug use and criminality but could work freely in California."

Continue reading " Thousands of Nurses Punished by Other States Maintain Licenses in California. " »

Enterprise Car Rental Liable for Fatal Crash in Recalled Vehicle

Posted On: June 28, 2010

A jury has ruled that Enterprise Rent-A-Car must pay $15 million to the family of two girls who died in a fiery car crash in 2004 in one of the company's rental cars.

Raechel and Jacqueline Houck were riding in a rented Chrysler PT Cruiser when the car crashed, killing the girls, the lawsuit stated.

The month before the crash, Chrysler had issued a recall of PT Cruisers for a defect that could cause the car to catch on fire, but the company had not returned its PT Cruisers for repairs.

Enterprise admitted in May through a signed statement that "their negligence was the sole proximate cause of the fatal injuries." Jondi Gumz, San Jose Mercury News 06/21/2010

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Pfizer Faces Over 200 Lawsuits Over Prempro Menopause Drug.

Posted On: June 27, 2010

Bloomberg News (6/18, Feeley) reported, "Pfizer Inc. faces a Texas trial over its hormone-replacement drugs after a court overseeing lawsuits over the medicines sent 200 cases back to their home courts."

At issue in the suit is whether "the Prempro [conjugated estrogens and medroxyprogesterone] menopause drug helped cause" the plaintiff's breast cancer.

Over "8,000 lawsuits over the medicine consolidated in federal court in Arkansas" will be "returned for trial." Still, "Pfizer...has won dismissals of more than 3,000 cases at either the pretrial stage or after the cases have been set for trials."

Read full story here.

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NYC Victim of Dog Attack Settles Lawsuit with City

Posted On: June 26, 2010

The city of New York has agreed to a $750,000 settlement with a Queens woman who was mauled by a pack of wild dogs in 2001, leaving her with severe scarring and post-traumatic stress disorder.

Marlene Fils-Aime was trying to rescue a man who was being attacked by the dogs on a Queens boardwalk when the dogs attacked her, the lawsuit claims.

Her lawsuit stated that the city was responsible because they left garbage in empty lots around the boardwalk, which attracted the packs of stray dogs.

The man who was being attacked, Lev Liberman, settled with the city for $3 million in 2007. Thomas Zambito , New York Daily News 06/23/2010

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Jury Finds for FL Couple in Chinese Drywall Suit

Posted On: June 26, 2010

A Florida couple who fled their dream home because of foul-smelling, ruinous Chinese drywall was awarded $2.4 million in damages in the nation's first jury trial over the defective wallboard that could have legal ramifications for thousands of similar cases.

The defendant, drywall distributor Banner Supply, is named in thousands of other lawsuits. Associated Press, The Washington Post 06/21/2010

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Homebuilder Settles EEOC Racial Discrimination Lawsuit

Posted On: June 26, 2010

An Atlanta homebuilder has agreed to a $378,500 settlement in a lawsuit that accused the company of racial discrimination.

The lawsuit claimed that John Wieland Homes and Neighborhoods Inc. intentionally steered African-American sales agents to lower-priced subdivisions, which prevented them from earning similar commissions as their white counterparts in higher-cost subdivisions.

Over the next six years, Wieland will hire at least 10 African-Americans and women for management positions as part of the settlement. Péralte C. Paul , Atlanta Journal-Constitution 06/23/2010

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Merck Loses $8 M Verdict in Trial Over Fosamax

Posted On: June 25, 2010

Merck & Co. lost the second trial to reach a verdict over claims its osteoporosis drug Fosamax causes so-called jaw death. The jury set damages at $8 million.

A jury in New York ruled against Merck today in the case of Shirley Boles, 72, of Fort Walton Beach, Florida. Boles claimed she developed osteonecrosis of the jaw, or ONJ, from taking Fosamax. The first Fosamax case resulted in a Merck victory in May.

Recently a link has been found between bisphosphonates and a serious bone disease called osteonecrosis of the jaw (ONJ aka. Dead Jaw). This important discovery clearly shows that Fosamax side effects may include osteonecrosis of the jaw, aka, dead jaw or jaw death as well as osteomyelitis of the jaw. Fosamax has also been linked to low energy femur fractures (thigh bone fractures).

The case is Boles v. Merck & Co., 06-cv-09455, and the lawsuits are combined in In Re Fosamax Products Liability Litigation, MDL 1789, U.S. District Court, Southern District of New York (Manhattan).

Read full Bloomberg story here.

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Award Issued in Cruise Ship Slip and Fall Case

Posted On: June 25, 2010

A former cruise ship trumpet player was awarded $1.7 million from a Miami jury after he slipped and fell while on stage on a Royal Caribbean cruise ship.

Steven Pavone claimed that the fall injured his shoulder and ended his trumpet-playing career. The accident was caused by a bit of oil that leaked out from the on-stage fog machine, according to the lawsuit. Douglas Hanks, Miami Herald 06/23/2010

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Settlement Reached in PA Guardrail Crash

Posted On: June 25, 2010

Camden County, Penn., has agreed to a $15 million settlement with a man who lost his leg and part of his arm when his car crashed into a guardrail and the railing snapped off, cutting through the vehicle.

In 2004, Nicholas Anderson was driving on Raritan Road when he was forced off the road by an oncoming car.

The lawsuit claims that the guardrail was improperly designed and should have absorbed the impact of Anderson's vehicle instead of snapping off.

Properly designed guardrails were later installed throughout the county. Barbara Boyer , Philadelphia Inquirer 06/18/2010

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Whistleblower Suit Settled By Defense Contractor Northrop Grumman

Posted On: June 25, 2010

Defense contractor Northrop Grumman has agreed to settle a whistleblower lawsuit brought against them by a former quality assurance manager in 2006.

The lawsuit claimed that the company failed to test electronic parts supplied to the government that would placed in military aircraft and spacecraft and be required to withstand extreme temperatures.

The federal government will receive a $12.5 million settlement and the former manager, Allen Davis, will receive $2.4 million as part of the settlement. W.J. Hennigan, LA Times 06/24/2010

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Texas Company Being Investigated By TCEQ Over Gas Pipeline

Posted On: June 24, 2010

The Texas Commission on Environmental Quality is investigating a company that installed a gas pipeline through the site of an old landfill in northeast Fort Worth without proper permission.

Houston-based Enterprise Products Partners is installing a 30-inch pipeline that runs from just north of Arlington to a network of interstate pipelines near Justin. The line, designed to transport natural gas produced from drill sites in the Barnett Shale, is expected to start operating in the third quarter of this year.

The site was listed as a former unauthorized landfill on a database maintained by the North Central Texas Council of Governments. Companies are supposed to check the database before installing a pipeline in the region, according to officials. AMAN BATHEJA, Fort Worth Star-Telegram 06/24/2010

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Officials Begin Testing Kettleman City California Hazardous Waste Landfill.

Posted On: June 24, 2010

The AP (6/18) reports officials investigating a string of birth defects in rural Kettleman City, CA, "started taking samples of the air, water and soil" while "grieving parents" testified before state legislators about "infant deaths and birth defects in an impoverished farm town next to the biggest hazardous waste landfill in the West."

Residents blame "toxic waste dump for the grouping of cleft palates and heart problems," but Waste Management officials "have said there is no evidence linking the...landfill to the deformities."

The company received approval to expand the 1,600-acre facility despite opposition from the residents. The expansion is pending results of state and federal environmental investigations.

Read full New York Times story here.

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GlaxoSmithKline Settles Nearly 200 Paxil Lawsuits.

Posted On: June 23, 2010

The Legal Intelligencer (6/23, Elliott-Engel) reports, "Drugmaker GlaxoSmithKline has agreed to settle almost 200 cases in which plaintiffs allege the use of the antidepressant Paxil caused birth defects."

GSK "decided to settle Kilker v. SmithKline Beecham Corp. d/b/a GlaxoSmithKline along with another 190 cases, according to an order signed by Philadelphia Common Pleas Judge Sandra Mazer Moss last week." Jamie Sheller, "local plaintiffs liaison counsel for the Paxil pregnancy mass tort program," estimated "that up to another 100 cases, including cases that have not yet been filed, have settled."

Read the full story here.

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Pro Soccer Player Settles Sexual Battery Lawsuit

Posted On: June 23, 2010

American professional soccer player Nate Jaqua has settled a sexual battery lawsuit with a female University of Oregon soccer player.

The lawsuit, filed by Leigh Quinlan last summer, claimed that Jaqua "subjected her to a brutal, forcible sexual assault" outside a bar on the Oregon campus in 2007.

Quinlan had said that her distress over the alleged assault caused her to leave the university after two years with its women's soccer team. The terms of the settlement were not released. Joshua Mayers, Seattle Times 06/16/2010

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Employment Discrimination Suit Settled In Fresno

Posted On: June 22, 2010

The city of Fresno, Calif., has reached a $3.35 million settlement with a local woman who claims she was forced out of the Fresno Fire Department's training academy because of her gender.

Michelle Maher stated in her lawsuit that she was set up to fail by fire training academy supervisors and that her exams were graded unfairly. As part of the settlement, the city will dismiss its appeal. Staff Report, The Fresno Bee 06/12/2010

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Dallas Cowboys Employees Reach Settlements in Building Collapse

Posted On: June 21, 2010

Two Dallas Cowboys employees injured when the team practice facility collapsed on them during a storm last year reached confidential settlements with the bankrupt companies that built the tent-like structure.

The terms of the out-of-court agreement reached last week were not disclosed. A Cowboys team scout and special teams coach sued Summit Structures LLC of Allentown, Pa., and its Canadian parent, Cover-All Building Systems Inc., last year.

One plaintiff was left paralyzed from the waist down, and the second had a broken vertebra. Jon Nielsen, The Dallas Morning News 06/16/2010
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Louisville City Settles Suit Over Fatal Police Collision

Posted On: June 20, 2010

An $835,000 settlement has been reached in a lawsuit filed against the city of Louisville over an accident with a police cruiser that killed a local man in 2006.

Donnie Puente was standing next to his car in the emergency lane on a Kentucky highway when a police car driven by Officer Kenten Measle swerved into the lane, striking and killing Puente.

Measle was suspended for 30 days, but the death was ruled accidental. Jason Riley, Louisville Courier Journal 06/14/2010

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Work Discrimination Suit Settled For $125K

Posted On: June 19, 2010

A $125,000 settlement has been reached in a discrimination lawsuit against a Kansas-based staffing company.

The lawsuit was filed against the Spencer Reed Group, LLC, by a 55-year-old white employee who claimed that she was subjected to harsher working conditions because of her age and race.

She claimed that she was given more work than her co-workers and was forced to provide reports on a weekly basis instead of monthly like the other employees. Also, the lawsuit stated that the plaintiff's bosses often yelled and belittled her in front of the other employees.

As part of the settlement, the company will provide equal employment opportunity training and will post anti-discrimination notices. Staff Report, Kansas City Info Zine 06/13/2010
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Lawsuit Claims Driver Was Drunk, Caused Fatal Crash

Posted On: June 18, 2010

A wrongful death lawsuit has been filed against a Naples, Fla., teacher alleging that she was intoxicated when she caused a car accident last year that killed a local woman.

The lawsuit, filed by the family of Bree Kelly, claims that Andrea M. Kidder was drunk at the wheel, which caused her to rear end the truck Kelly was riding in at over 70 mph, throwing Kelly from the vehicle and killing her.

Florida investigators are still awaiting the results of a toxicology report on Kidder's blood, but have not filed any charges as of yet. Aisling Swift, Naples News 06/13/2010

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Doctor Desai Indicted in Nevada Hepatitis Outbreak.

Posted On: June 17, 2010

The AP (6/4) reported, "A former physician-owner and two former employees at a Las Vegas-area colonoscopy clinic were indicted on 28 felony charges, including racketeering, negligence and insurance fraud stemming from a 2008 hepatitis C outbreak.

A judge in Las Vegas issued arrest warrants for physician Dipak Desai and former Endoscopy Center of Southern Nevada anesthetists Ronald Ernest Lakeman and Keith Mathahs on charges resulting from allegations they misused syringes and clinic instruments to transmit the incurable liver disease to seven patients."

Read the full story here.

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New York Rules Man May Sue Wife's Psychiatrist Over Herpes Infection.

Posted On: June 16, 2010

The New York Law Journal (6/7, Walder) reports, "A man who says he contracted a sexually transmitted disease after his wife had an affair with her allegedly infected psychiatrist can bring a negligence action against the doctor, a state judge has ruled.

The man, Carl Levine, claimed that Dr. Robert Werboff had a duty to warn him that he had herpes simplex before having unprotected sex with Levine's wife.

Looking to 'common concepts of morality, logic, and ... the social consequences of imposing the duty,' Westchester County Supreme Court Justice Nicholas Colabella agreed that Werboff owed a reasonable duty of care to Mr. Levine."

Read the full story here.

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Toyota Sudden-Acceleration Suits to be Coordinated in Los Angeles.

Posted On: June 15, 2010

The National Law Journal (6/11, Bronstad) reports, "Dozens of sudden-acceleration lawsuits filed against Toyota Motor Corp. in California's state courts will be coordinated in Los Angeles.

California Chief Justice Ronald George issued an order to that effect on Tuesday, following a hearing on May 21 when Los Angeles County, Calif., Superior Court Judge Carl West coordinated at least 21 lawsuits into a single proceeding."

Read the full story here.

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Texas Medical Board Disciplines 97 Doctors

Posted On: June 14, 2010

Since its April 8-9 board meeting, the Texas Medical Board has taken disciplinary action against 97 licensed physicians.

The actions included 24 violations based on quality of care; three actions based on unprofessional conduct; 11 actions based on inadequate medical records; one action based on advertising violations; 13 voluntary surrenders/voluntary suspensions; four revocations/suspensions; three temporary suspensions/restrictions; two actions based on peer review actions; one action based on failure to properly supervise or delegate; two actions based on violation of probation or prior order; two orders modifying a prior order; three actions based on a criminal conviction; action against one acupuncturist; one rules violation order and six corrective orders. The board issued 21 orders for minor statutory violations.

Read full report here.

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Exterran Energy to Pay $82.5M for Texas Worker's Death in Gas Explosion.

Posted On: June 14, 2010

The AP (6/11) reports, "Texas jury has awarded $82.5 million in damages to the family of a man who died in a 2007 explosion at a natural gas processing plant in Hood County.

Houston-based Hanover Compressions L.P., which has since been renamed Exterran Energy Solutions L.P., constructed, engineered and installed the natural gas processing plant.

The jury found the company grossly negligent in the death of 27-year-old Joshua Wade Petrie, an employee of Fort Worth, Texas-based Quicksilver."

Read the full story here.

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Study by FDA Links Avandia to Increased Heart Risks.

Posted On: June 13, 2010

The Wall Street Journal (6/11, B4, Whalen, Mundy) reports that David Graham, an FDA drug-safety official argues in a new study that the diabetes drug Avandia (rosiglitazone) may have led to thousands of heart problems that could have been prevented if patients had been using a different medication.

The agency is already scheduled next month to evaluate the Avandia's safety. Graham, along with other experts, has said that drug should be removed from the market.

Read the full story here.

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J&J Blocking Investigations Into Children's Medicine Recall

Posted On: June 12, 2010

Federal officials investigating Johnson & Johnson over the massive recall of children's medicine earlier this year have said that the drug maker is stalling their investigation.

New York Rep. Edolphus Towns said that J&J has provided the Congressional committee false information and is being much less cooperative than other companies facing similar investigations.

Towns cited several actions by J&J to downplay the recall and hide the medicine defects, calling them disturbing trends within the company. Investigators say that if J&J continues to show a lack of cooperation, more severe actions, such as the issuing of subpoenas and criminal charges, could come next.

Natasha Singer, The New York Times 06/10/2010
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Medical Malpractice: Doctors Negligent for Birth Injury

Posted On: June 11, 2010

An Ohio jury has awarded a local couple $1.63 million in a lawsuit filed against two doctors that delivered their son four years ago and allegedly caused him injury.

The lawsuit claims that the mother requested a Caesarian section due to the size of the baby, but the doctors refused.

While birthing the baby vaginally, the child's shoulder became caught, causing permanent injuries to his right arm. The jury found in their verdict that both the doctors were negligent in caring for the woman and baby. Kimball Perry, The Cincinnati Enquirer 06/07/2010

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FDA Recalls Faulty Automated External Defibrillator Batteries

Posted On: June 10, 2010

More than 5,400 battery packs used in some automated external defibrillators have been recalled due to a defect.

The recalled was issued by the FDA because the batteries had the potential to falsely detect an error condition during charging for a shock and then cancel the charge.

The batteries were used in defibrillators manufactured by Defibtech LLC. and were distributed worldwide to fire departments, emergency medical service units, health clubs, schools and other organizations. Staff Report, United Press International 06/09/2010

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Wife Files Suit Over Husband's Death in Ala Police Chase

Posted On: June 9, 2010

An Alabama woman has filed a lawsuit against the city of Huntsville, Ala., and three police officers that were involved in a police chase in May 2008, which resulted in the death of her husband.

Darren Spurlock was killed in a car accident when he was hit by a woman who was fleeing from the police.

The suit alleges that police officers violated their duties and acted negligently by engaging in the high-speed chase. The lawsuit is seeking unspecified damages. Brian Lawson, Huntsville Times 06/07/2010
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McDonald's Recalls Shrek Glasses Over Toxic Chemical Cadmium

Posted On: June 8, 2010

McDonald's has recalled 12 million of its Shrek-themed glasses sold in the last month due to the toxic chemical cadmium found on the glasses' design.

Long-term exposure to cadmium can lead to adverse health affects, and consumers who have purchased any of the glasses are urged to stop using them immediately.

A refund can be obtained by visiting McDonald's Web site. Alissa Figueroa, Christian Science Monitor 06/04/2010

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Massive Pipeline Gas Explosion Hits Johnson County Texas

Posted On: June 7, 2010

A subcontractor trying to install an electrical pole hit a 36-inch natural gas transmission line south of Pecan Plantation today, leading to a huge gas explosion that burned for more than two hours.

Two or three people, most likely workers at the scene of the blast, were missing, officials said, presumably dead..

Read more: http://www.star-telegram.com/2010/06/07/2245581/explosion-in-johnson-county-startles.html#my-headlines-default#ixzz0qDv1v6Eb

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Wrongful Death Suit Filed Over Actor Carradine's Death

Posted On: June 7, 2010

The widow of long-time actor David Carradine has filed a wrongful death lawsuit against film production company MS2 S.A., claiming they did not provide Carradine with "sufficient assistance" while he was shooting a movie for them.

Carradine died last June and his death, which was initially thought to have been a suicide, has been ruled not to have been. The lawsuit is seeking unspecified damages from the production company for allegedly violating their contract with Carradine. Staff Report, United Press International 06/04/2010

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SC Jury Finds Hospital Negligent in Death of Patient

Posted On: June 6, 2010

A Myrtle Beach hospital has been ordered to pay $2.88 million to the husband of a woman who died from a seizure after being treated by a hospital doctor in 2002.

The South Carolina jury determined that Grand Strand Regional Medical Center and Dr. Stephen Law were negligent in the care of Kelly Fay, who went to the hospital in January 2002 complaining of stomach pain and was diagnosed with kidney stones.

According to the lawsuit, Fay was sent home after a few hours with some pain medication. While at home, she had a seizure and went into septic shock, dying two days after leaving the hospital, the suit claims.
Adva Saldinger and Dawn Bryant, The Myrtle Beach Sun News 05/28/2010

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2nd Weight Discrimination Suit Filed Against Hooters Restaurant

Posted On: June 5, 2010

Just a few weeks after 20-year-old Cassie Smith filed suit against Hooters of America, claiming the restaurant placed her on weight probation, a second waitress has come forward and filed a similar claim, saying she was fired in 2009 for failing to loose sufficient weight.

Hooters officials claim they have a right to be concerned about their employees’ image because they are considered entertainers, not waitresses.

Both lawsuits, however, cite the Michigan Civil Rights Act, which bars employers from discrimination on the basis of religion, marital status, race, age, height and weight. Steve Neavling, Detroit Free Press 06/02/2010
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Woman Awarded Damages Over Injection Causing Medical Malpractice

Posted On: June 4, 2010

A New York jury awarded a Syracuse woman $1.7 million in a lawsuit she filed over an improper injection she received during the birth of her third child.

In October 2007, Tina Holstein was giving birth to her third child. Due to complications, a nurse gave her an injection in her back, but went too low and damaged her sciatic nerve, the lawsuit stated. Due to the nerve damage, Holstein has lower back problems and is limited in her physical activity.

Doctors say her condition will continue to get worse, the lawsuit stated. Jim O'Hara, The Syracuse Post-Standard 06/01/2010

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US asks judge to reject Transocean liability cap.

Posted On: June 4, 2010

Bloomberg News (6/3, Fisk, Calkins) reports, "The US government asked a federal judge to reject Transocean Ltd.'s bid to use a 159-year-old law to cap its liability at $27 million for environmental claims tied to the Deepwater Horizon oil spill.

The Justice Department announced an investigation of whether any criminal or civil laws were violated in the BP Plc oil disaster in the Gulf of Mexico, the biggest US spill on record. The government is reviewing whether there were violations of the Clean Water Act and the Oil Pollution Act of 1990."

The US filed the motion in Houston federal court to 'make clear' it's entitled to pursue claims 'for pollution response costs, environmental damages and other injuries stemming from the oil spill,' Assistant US Attorney General Tony West wrote.

'It is simply unconscionable, in the circumstances of this case, that Transocean is attempting to use this' law to avoid paying states or the US for damages caused by the rig explosion, West said in a May 24 letter to Transocean's lawyers."

Read full Bloomberg article here.

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Verizon Ordered to Pay Damages to Brain Injured Man

Posted On: June 3, 2010

A New York man has been awarded $40 million in a lawsuit he filed against Verizon after he was struck and almost killed by one of the company's vans.

Matthew Falcone was hit by a van going about 50 mph four years ago and spent weeks in the hospital in a coma. He suffers from brain damage and is partially paralyzed.

Scott Shifrel , New York Daily News 05/28/2010
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Florida Drywall Suit Granted Class-Action Status

Posted On: June 2, 2010

A Miami judge approved a lawsuit for class-action status over the issue of tainted drywall imported from China.

The lawsuit will represent 152 families and was filed against homebuilder South Kendall Construction Corp., Palm Isles Holdings, Keys Gate Realty and Banner Supply.

The lawsuit alleges that some of the drywall installed in Florida homes releases large amounts of hydrogen sulfide, which corrodes metal.

The suit also claims the contaminated drywall causes breathing problems and nosebleeds. Nirvi Shah, Miami Herald 05/28/2010
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Dallas UT Southwestern Medical Center To Pay $3.6 M In Lawsuit

Posted On: June 1, 2010

A Dallas jury awarded Dr. Nassar $3.6 million in a lawsuit he filed against University of Texas Southwestern Medical Center over racial and religious persecution.

According to the lawsuit, Nassar's boss, Dr. Levine, told Nassar that she thought people from the Middle East were lazy and questioned his direct supervisor about his productivity.

Due to the harsh environment created by Levine, Nassar was driven to quite he job, he claims.

By SUE GOETINCK AMBROSE and BROOKS EGERTON / The Dallas Morning News
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