September 2, 2010

Dallas Fort Worth Construction Sites Can Lead to Brain and Spinal Cord Injuries

According to OSHA, 4,340 workers died on the job in 2009.

"With every one of these fatalities, the lives of a worker's family members were shattered and forever changed. We can't forget that fact."
-Hilda Solis, Secretary of Labor

Poorly Managed Construction Sites Are Dangerous.

Construction site injuries include:

* Falls
* Struck by falling object
* Struck by laterally moving object or equipment
* Impalement or penetrating injury
* Truck or other motor vehicle accident
* Electrocution
* Explosions
* Burns

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September 2, 2010

We are the Dallas Fort Worth Texas Personal Injury Lawyers

I am proud of our work this week. We just settled another car accident injury claim. My client was minding his own business, one night in Dallas. Somebody plowed into him and rear ended him. The folks who hit him were drunk and tried to run. They were caught by an off duty apartment security guard.

Come to find out they were high as a kite and ready to fly.

Luckily for my client he had minor soft tissue injuries, but he had pre-existing neck problems including cervical neck fusion. Obviously we were concerned that he may have had neck injuries. But after medical evaluation he was cleared of major injuries.

We settled for insurance policy limits.

When you need to help after an injury or accident, you need to find the Dallas Fort Worth Texas personal injury lawyers.

We evaluate and accept cases all over Texas including Houston, Dallas, San Antonio car accidents, auto wrongful death cases, mesothelioma, burn injuries, Accutane side effect bowel disease, Paxil birth defects, brain injuries, 18 wheeler, semi truck, tractor trailer accidents, diesel truck or big rig accidents.

If you have been injured in an accident as a result of the negligence of others,
please call 817-900-8439, 888-210-9693 or Contact Me Online.

September 2, 2010

Texas Cites Local Energy Company in Fatal Blast

A Houston company failed to adequately mark the path of a buried 36-inch natural gas pipeline in Johnson County that was struck and exploded in June, killing one person, according to the Texas Railroad Commission.

Enterprise Products Operating Llc. violated several state regulations, the commission said in a report. Fines could be $10,000 per day per violation.

The explosion, which could be seen for miles, occurred June 7 when the carbon-steel pipeline was struck by an auger drilling a 48-inch-diameter hole to install high-wire electrical poles. The operator of the auger truck was killed. McClatchy Newspapers, Houston Chronicle 09/01/2010
Read Article: Houston Chronicle

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August 31, 2010

Two Settle in Personal Injury Accident at Dallas Cowboys Complex

Companies controlled by Dallas Cowboys owner Jerry Jones have paid out about $10 million to the two employees seriously injured in the 2009 collapse of the team’s practice facility, according to their attorney.

The payments settle lawsuits the two brought against Cowboys Center Ltd. and Blue Star Development Co.; Cowboys Center owned the steel and fabric facility as well as the land on which it stood.

One victim was paralyzed from the waist down and the second suffered a broken vertebrae when the building collapsed in a wind storm on May 2, 2009. DANNY ROBBINS, AP, Houston Chronicle 08/31/2010
Read Article: Houston Chronicle

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August 29, 2010

Jury Awards $1.95M in Post-Surgery Wrongful Death Death

A Virginia jury has awarded $1.95 million in a lawsuit over the death of a woman less than two days after she received plastic surgery.

Maritess Lopez was sent home an hour after her July 2008 surgery even though she was having respiratory problems, dizziness and fever, the lawsuit claims.

She died the next day of aspiration pneumonia. The suit accused Dr. Matthew Galumbeck and his staff of completely ignoring Lopez and her symptoms, which resulted in her death. Jen McCaffery, Virginian Pilot 08/27/2010
Read Article: Virginian Pilot

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August 27, 2010

Settlement Approved In Texas Police Brutality Suit

The city of Fort Worth, Texas, has agreed to a $120,000 settlement of a police brutality lawsuit.

The suit claimed local officers slammed a man's head into a wall and the floor of the police station while booking him for a DUI in 2008.

Video surveillance confirmed the allegations, but no serious action was taken against the officers because the man waited too long to file a complaint, the Fort Worth Star-Telegram reports.

Mike Lee, Ft. Worth Star Telegram 08/24/2010
Read Article: Ft. Worth Star Telegram

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August 26, 2010

Firm to Pay $52.4M in Minneapolis Bridge Collapse

Victims of the deadly 2007 Minneapolis Interstate 35W bridge collapse reached the end of their legal fight after an engineering firm agreed to pay $52.4 million to settle scores of lawsuits.

The settlement by San Francisco-based URS Corp. resolves the last major piece of litigation brought by victims. All told, the state and two of its contractors will have paid out $100 million to the families of the 13 people who died and the 145 people who were injured when the Mississippi River bridge broke apart during rush hour.

BRIAN BAKST, AP, The Washington Post 08/24/2010
Read Article: The Washington Post

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August 25, 2010

Lawsuit Over Pot Hole Accident Settled In Missouri

Jackson County, Mo., has agreed to a $270,000 settlement in a lawsuit filed by a motorcyclist who crashed his bike in a pot hole last summer.

Derek Jackson was riding his motorcycle in east Jackson County when he pot hole ankle-deep and as wide as his arms, his lawsuit claims, suffering serious injuries. The suit alleges the county was previous aware of the dangerous pot hole but had done nothing to fix it.

Michael Mansur, Kansas City Star 08/23/2010
Read Article: Kansas City Star

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August 21, 2010

Witnesses Raise Questions About Death at Fort Worth Hospital Pharmacy

John Peter Smith Hospital (Ft Worth) officials will review the medical response to a man who collapsed and died in the hospital pharmacy after witnesses complained that help was slow to arrive and that emergency equipment did not appear to work properly.

Jeff Dickerson, who was picking up a prescription at the pharmacy, said it took medical workers nearly 10 minutes to get there. Once there, he said that two defibrillators the workers tried to use did not appear to work.

Alex Branch, Fort Worth Star-Telegram 08/19/2010
Read Article: Fort Worth Star-Telegram

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August 16, 2010

CA Man Receives $2.85M After Being Tased

A stun-gun manufacturer has agreed to a $2.85 million settlement with a California man who suffered brain damage after being tased four years ago.

Steven Butler was shocked by a Watsonvile, Calif., police officer in 2006 after refusing to exit a bus. The suit says Bulter went into cardiac arrest and stopped breathing for 18 minutes after being tased.

He suffered severe brain damage, and now requires around-the-clock care, the suit claims. The settlement money will go toward Bulter's past and future medical costs. Jennifer Squires, San Jose Mercury News 08/12/2010
Read Article: San Jose Mercury News

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August 15, 2010

Chicago Strip Club Reaches Settlement

A Chicago strip club has agreed to a $1 million settlement after a patron left the club and got into a car accident, killing two other people.

John Homatas was kicked out of Diamond's Gentlemen's Club for being too drunk in January 2006. According to the lawsuit, he and John Chiariello got into Homatas' car and left the club.

Homatas crashed into an SUV driven by April Simmons. Simmons, who was pregnant, and Chiariello were killed in the accident. Homatas is serving a 12-year sentence for DUI and reckless homicide. Clifford Ward, Chicago Tribune 08/12/2010
Read Article: Chicago Tribune

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August 14, 2010

Texas Medical Update: Stevens Johnson Syndrome

Stevens Johnson Syndrome (SJS) is an extremely rare disorder characterized by a severe skin reaction to medication

Stevens Johnson Syndrome (SJS) is a rare but serious and potentially life-threatening condition. SJS is defined as a hypersensitivity disorder affecting the skin and mucous membranes.

The most severe form of Stevens Johnson Syndrome is Toxic Epidermal Necrolysis (TENS).

It can be caused by adverse effects of drugs (allopurinol, diclofenac, etravirine, Isotretinoin, aka Accutane, fluconazole, valdecoxib, sitagliptin, oseltamivir, penicillins, barbiturates, sulfonamides, phenytoin, azithromycin, oxcarbazepine, zonisamide, modafinil, lamotrigine, nevirapine, pyrimethamine, ibuprofen, ethosuximide, carbamazepine, nystatin, and gout medications).

Medications that have traditionally been known to lead to SJS, erythema multiforme and toxic epidermal necrolysis include sulfonamides (antibiotics), penicillins (antibiotics), barbiturates (sedatives), lamotrigine and phenytoin (e.g. Dilantin) (anticonvulsants). Combining lamotrigine with sodium valproate increases the risk of SJS.

Read more here at Wikipedia

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August 13, 2010

Texas CEQ Report Accuses BP in Texas City Refinery Explosion.

The AP (8/4) reported, "A BP Texas City refinery that was the site of a massive 2005 explosion that killed 15 workers has a pattern of poor operation and maintenance practices, Texas environmental regulators reported after investigating a 46-day release of toxic and cancer-causing chemicals from the plant this spring.

The Texas Commission on Environmental Quality handed its findings over to the state's attorney general because BP's violations are 'egregious,' the company has a poor compliance history and the courts have the power to hand down greater monetary fines, said John Sadlier, deputy director of TCEQ's Office of Compliance and Enforcement."

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August 11, 2010

Jury Awards Widow $2.2M in Tobacco Case

A Palm Beach County widow has been awarded over $2 million in a tobacco case over the death of her husband.

The jury on Thursday found R. J. Reynolds and Philip Morris had acted recklessly. The same jurors will now decide how much the companies should pay 60-year-old Liz Piendle in punitive damages. AP, Miami Herald 08/06/2010

Read Article: Miami Herald

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August 10, 2010

Widow Files Lawsuit Against Ford In Husband's Death

A woman in Florida has filed a lawsuit against Ford Motors over the death of her husband in a fiery car accident. Patrick Ambroise, a Florida Highway Patrol, died in his Ford Crown Victoria cruiser when the rear end burst into flames when it was rear-ended.

The suit claims that Ford poorly designed the vehicle and placed the gas tank in an unsafe position to where it may ignite of the car was hit from behind. The seeks unspecified damages. Staff Report, Miami Herald 08/06/2010

Read Article: Miami Herald

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August 9, 2010

Residents Suspect Cancer Cluster Near Fort Detrick, MD.

In a column in the Washington Post (8/6), Petula Dvorak writes, "Over their fences, at community picnics but mostly at funerals, the people of one Frederick neighborhood near Fort Detrick wondered whether it was just a horrible coincidence that so many of them had cancer."

They "immediately looked to their former next-door neighbor, Fort Detrick, where anthrax and Agent Orange were studied for decades and where about 400 acres known as Area B were used for storage and dumping."

Scientists "determined that vapors rising through the ground from the discarded chemicals had seeped into the" home of Randy White. White "is considering a class-action lawsuit against the Army."

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August 9, 2010

AstraZeneca Settles 17,500 Seroquel Lawsuits for $198M.

Bloomberg News (8/9, Feeley, Kelley) reports, "AstraZeneca Plc will pay about $198 million to settle 17,500 lawsuits, or about two-thirds of the total, alleging its antipsychotic drug Seroquel causes diabetes in some users."

AstraZeneca "previously agreed to pay at least $55 million to resolve more than 5,500 cases alleging the company knew Seroquel could cause diabetes and failed to adequately warn patients, people familiar with those settlements said.

The consolidated Seroquel case is In re Seroquel Products Litigation, 06-MD-01769, U.S. District Court, Middle District of Florida (Orlando).

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August 8, 2010

Yaz Texas Update: Bayer’s Yaz Birth Control Lawsuits Now at 2,000

Bayer drug companies have produced more than 10 million pages of documents to women suing over oral contraceptives Yasmin and Yaz.

U.S. District Judge David Herndon, is handling about 2,000 Yasmin and Yaz suits from around the nation, and he has posted an order on July 9, reminding plaintiffs of their obligation to provide name, social security number, basic facts of their claims, and authority to release medical records.

Bayer had moved a day earlier to dismiss claims of 11 plaintiffs in six suits, for lack of fact sheets.

Read full story here.

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August 8, 2010

ACCUTANE STEVENS-JOHNSON SYNDROME

ACCUTANE STEVENS-JOHNSON SYNDROME: In February 2010, Health Canada reported that it had received reports of severe skin reactions, including sometimes fatal reaction known as Stevens-Johnson Syndrome from Accutane.

At least 66 reports of Accutane skin reactions were identified by Health Canada, including adults and children, with two of the cases resulting in death.

Stevens-Johnson syndrome (SJS) is a severe skin reaction that occurs as a side effect of several medications.

When the skin lesions affect more than 30% of the body, the condition is referred to as Toxic Epidermal Necrolysis (TEN).

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August 8, 2010

Yaz Lawsuits Moving Forward in New Jersey State Court

The number of Yaz, Yasmin and Ocella lawsuits that are part of a mass tort docket in New Jersey has increased significantly since the product liability cases were consolidated in February.

The number of Yaz lawsuits, Yasmin lawsuits and Ocella lawsuits centralized in Bergen County Superior Court has gone from 39 to about 400, according to court documents.

The New Jersey Yaz litigation was consolidated because of concerns about court filings, since New Jersey is the corporate headquarters in the United States for Bayer Healthcare Pharmaceuticals, Inc., which manufacturers the birth control pills.

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August 8, 2010

Railroad Worker Awarded $3.7M In Lawsuit

A Wyoming jury has awarded $3.7 million to a local man who developed lung cancer after 37 years of working for BNSF Railway.

Edward Roger Jolley claimed in his lawsuit that years of breathing in diesel fumes, silicone dust and asbestos while at work caused his cancer.

His condition is fatal. The jury found BNSF was "negligent and violated federal regulations regarding the maintenance and operations of locomotives." Greg Tuttle , Billings Gazette 08/02/2010

Read Article: Billings Gazette

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August 7, 2010

Settlement Reached In Illinois Stun Gun Lawsuit

A $750,000 settlement has been reached in a lawsuit against a Jefferson County, Ill., police officer who allegedly used a stun gun unnecessarily on three teenagers and assaulted another.

According to the suit, Deputy David Bowers used the stun gun on the teens at the Southern Thirty Adolescent Center two years ago. Illinois state investigators found no wrongdoing, however, and Bowers is still employed with the department.

Staff Report, United Press International 08/03/2010
Read Article: United Press International

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August 6, 2010

Roche Holding AG Wins Reversal of Accutane Verdict.

"Roche Holding AG won reversal of a $10.5 million verdict over its Accutane [isotretinoin] acne drug because a judge improperly barred the company from using evidence about the medication's use," according to an appeals court ruling made in Kendall v. Hoffmann LaRoche Inc., ATL- L-8213-05, New Jersey Superior Court, Atlantic County (Atlantic City).

"Roche's lawyers should have been able to use data about how many acne sufferers had used Accutane over the years throughout Kamie Kendall's 2008 trial of her lawsuit over the drug, the New Jersey Superior Court Appellate Division ruled," prompting "a judge in Atlantic City, New Jersey, to delay the trial of an actor's suit alleging the medication causes inflammatory bowel disease."

Bloomberg News (8/6, Feeley) reports

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August 6, 2010

Thousands of Texans Line up to Join BP Lawsuit

A Friendswood attorney filed a federal lawsuit over the release of more than 500,000 pounds of pollutants — including high levels of benzene — into the air after a unit failure at BP’s Texas City refinery.

The lawsuit seeks monetary damages in the release of pollutants between April 6 and May 16, when the refinery’s ultracracker’s hydrogen compressor went offline.

BP doesn’t argue the fact that more than 250 tons of emissions were sent into the atmosphere during the 40 days. The company does take issue with claims the health of workers and residents was affected. T.J. Aulds, Galveston County - The Daily News 08/05/2010

Read Article: Galveston County - The Daily News

August 5, 2010

AstraZeneca Will Keep Seroquel Settlement Terms Confidential

AstraZeneca Plc, which settled almost 4,000 product-liability cases this month involving its antipsychotic drug Seroquel through mediation, said it will keep terms of the agreements confidential.

The company, said it was defending more than 10,000 cases involving 22,500 plaintiff groups. Some of the cases were previously dismissed because plaintiffs lacked sufficient evidence to support allegations that Seroquel causes diabetes.

The company, said in the July 29 filing that by March, it had spent about $688 million defending Seroquel-related cases.

AstraZeneca agreed earlier to pay $2 million to settle more than 200 Seroquel cases, averaging about $10,000 each. Those settlements were part of the same federal-court-ordered mediation.

The consolidated Seroquel case is In re Seroquel Products Litigation, 06-MD-01769, U.S. District Court, Middle District of Florida (Orlando).

Read the full Bloomberg story here.

August 2, 2010

Lawsuit Filed Over Fatal Accident at Utah Airport

The death of a woman who was hit by a car on a crosswalk at the Salt Lake City International Airport has prompted a lawsuit from the woman's husband.

The lawsuit claims that airport officials were aware of the "dangerous traffic situation" at the crosswalk but had done nothing to make it safer.

The airport had been warned by an employee of the potential for accidents at the crosswalk, the lawsuit states. The suit also names the driver of the car, Evelini Kinikini, as a defendant. Sheena McFarland, The Salt Lake Tribune 07/28/2010

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August 1, 2010

Bar To Pay Damages In Fatal Drunk Driver Crash

A sports bar in Austell, Ga., has agreed to pay $1 million to the widow of a man killed by a drunk driver who was allegedly over-served by the bar staff.

The lawsuit claims that in October 2008, The Sports Grill served alcohol to William Paul Davis IV when he was already drunk.

Davis then crashed his car into Cuneyt Erturk's vehicle, killing Erturk. The judge also sanctioned the bar after it was discovered that they destroyed video tapes and bar tabs that showed Davis drinking. Andria Simmons , Atlanta Journal-Constitution 07/27/2010

Read Article: Atlanta Journal-Constitution

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July 31, 2010

Merck Pays Claims to Families of 3,468 Vioxx Users

Bloomberg News (7/28, Voreacos, Johnson) reports "Merck & Co. paid claims to the families of 3,468 users of its Vioxx painkiller who died of heart attacks or strokes," a court-appointed administrator told a judge Tuesday.

"A $4.85 billion settlement fund made payments to the families of 2,878 Vioxx users who died of heart attacks and 590 who died of strokes," according to Lynn Greer of BrownGreer LLP, a law firm in Richmond, Virginia, that analyzed 59,365 claims. Merck "pulled Vioxx from the market in 2004 after a study showed it doubled the risk of heart attacks and strokes."

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July 30, 2010

Jury To Decide Verdict in Pizza Hut Driver Wreck

A San Diego jury will decide this week if Pizza Hut is liable for a November 2008 accident involving one of their drivers.

The accident left a mother and daughter severely injured. According to the lawsuit, driver Nicole Fisk had a seizure while driving during work, causing her to black out and crash into the car containing Olena and Shari Novak.

The lawsuit claims that Pizza Hut should have known that Fisk was at risk for seizures and has the responsibility of putting safe drivers on the road.

Fisk was eventually dropped from the Novaks' lawsuit. Dana Littlefield, San Diego Union Tribune 07/25/2010

Read Article: San Diego Union Tribune

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July 29, 2010

Austin Texas Living Center Staff Raises Safety Concerns

Current, former workers and documents question care of medically fragile residents at the Austin State Supported Living Center the Cardinal residence.

Some current and former employees say that Cardinal is so poorly run that residents who are unable to speak for themselves are at serious risk for harm.

Five current and former staffers identified problems that were not mentioned in an independent monitoring report published in June that found critical staffing shortages, high staff turnover, "dehumanizing practices" and a serious staff morale problem at the Austin facility. Corrie MacLaggan, Austin American Statesman 07/26/2010

Read Article: Austin American Statesman

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July 28, 2010

WA DOT Settles Lawsuit Over Dangerous Road

The Washington State Department of Transportation has agreed to pay $2 million to settle a lawsuit filed by a man involved in a serious motorcycle crash in 2006.

John Lancaster claims in his lawsuit that the DOT was aware for years that the roadway where he crashed was dangerously designed, but had failed to do anything to fix it.

The area has a high level of traffic accidents, and a 2001 report by the DOT recommended the road be fixed. Four years later, Lancaster still cannot use his right arm and has limited mobility in his left hand. Jeremy Pawloski, The Olympian 07/20/2010

Read Article: The Olympian

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July 26, 2010

Ex-Workers' Lawsuit Blames Motorola for Birth Defects

A group of former Motorola workers and their children filed a lawsuit Friday against the Schaumburg-based company, claiming toxic substances used to make Motorola products caused serious birth defects in at least 30 children born to workers employed by the company since the 1960s.

The 71 plaintiffs filed the suit in Cook County Circuit Court. The suit claims Motorola knew the chemicals used to make semiconductors and computer chips in sterile "clean rooms" were toxic and had the potential to cause birth defects in children born to people exposed to the compounds.

Thirty children of former employees allegedly suffer from physical and developmental disabilities, including cerebral palsy, autism, spina bifida, sterility and brain malformations, the suit claims. LEEANN MATON, Chicago Sun-Times 07/26/2010

Read Article: Chicago Sun-Times

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July 22, 2010

Lawsuit: Campus Police Didn't Investigate Rape Claim

A lawsuit has been filed against the Arizona Board of Regents by a former Arizona State student who claims that the university police department and disciplinary office failed to properly investigate her accusations that she was raped.

According to the police report, the woman reported the alleged incident the day after it occurred, and officers determined that she had not withdrawn consent during the sexual activity. The lawsuit, however, claims that the police department "refused to give the woman a forensic sexual assault examination," and performed an inadequate investigation. The lawsuit seeks unspecified damages. Derek Quizon, Arizona Republic 07/13/2010

Read Article: Arizona Republic

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July 21, 2010

Glaxo Said to Have Paid $1 Billion Over Paxil Suits

GlaxoSmithKline Plc has agreed to pay more than $1 billion to resolve more than 800 cases alleging its Paxil antidepressant caused birth defects in some users’ children, according to people familiar with the settlements.

The settlements, which provide an average payout of more than $1.2 million to families of affected children, leave more than 100 birth-defect cases pending, the people said. Officials of Glaxo, the U.K.’s biggest drugmaker, said July 15 they set aside $2.4 billion to resolve litigation over Paxil and its Avandia diabetes drug.

Read full Bloomberg story here.

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July 20, 2010

Court Files Indicate Settlement in Paxil Lawsuit

A settlement has been reached in a lawsuit filed against a pharmaceutical company by a Watertown woman who linked her prescribed use of Paxil to the death of her infant son, according to court files.

Jennifer Berg of Watertown sued SmithKline Beecham, doing business as GlaxoSmithKline, in October 2007. The complaint said Nathan Berg died in 2004 because of a heart disorder caused by her use of the antidepressant Paxil while she was pregnant. WAYNE ORTMAN, AP , The Washington Post 07/20/2010

Read Article: The Washington Post

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July 20, 2010

Paxil Birth Defect Dallas Attorney Update

In 2005, the Food and Drug Administration (FDA) warned doctors about a study showing that babies born to women who took Paxil during the first trimester of pregnancy had a higher rate of major birth defects. The study, which involved 3,500 pregnant women, showed that those on Paxil were twice as likely to have a child with defects than women on other antidepressants.

The FDA put out a statement warning that "[h]ealthcare professionals are advised to carefully weigh the potential risks and benefits of using [Paxil] in women during pregnancy and to discuss these findings as well as treatment alternatives with their patients."

At least 600 cases have been filed alleging that Paxil is responsible for congenital birth defects. GSK has also paid approximately $1 billion in settlements of Paxil-related cases not involving birth defects.

Read full story here.

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July 20, 2010

Fatal Train Wreck In Illinois Prompts Lawsuit

A lawsuit was filed against two northern railroad companies this week by the family of a Chicago woman who was hit by a train and killed.

Katie Ann Lunn died in the train accident earlier this year when an Amtrak train hit her SUV, which was stopped on the tracks in heavy traffic.

The lawsuit contends that the Illinois Central Railroad Co. and Wisconsin Central Ltd. failed "to ensure crossing-protection systems were functioning properly," among other things, which would have prevented the accident. The suit is seeking unspecified damages. Jon Hilkevitch, Chicago Tribune 07/14/2010
Read Article: Chicago Tribune

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July 19, 2010

Doctors Say It's Already Over For Diabetes Drug Avandia

In treating diabetes, it might not matter much whether the Food and Drug Administration halts sales of the drug Avandia.

An FDA committee of outside experts met last week to provide advice on whether any regulatory action — from stronger warnings to removal — is needed. The FDA has the final say on the committee's recommendations and could decide within weeks.

Doctors already have given their verdict. Avandia prescriptions have plummeted since a study in The New England Journal of Medicine in May 2007 raised concerns about whether the drug increased heart attack risk.

Rule the full story here.

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July 18, 2010

GSK to Take Charge of $2.36B Related to Paxil, Avandia.

The New York Times (7/16, B2, Jolly, Harris) reports that UK pharmaceutical maker GlaxoSmithKline announced on July 15 that "it would take a second-quarter charge of $2.36 billion related to legal cases involving its drugs Avandia [rosiglitazone] and Paxil [paroxetine]."

This announcement comes one "day after an American medical advisory panel recommended that Avandia, a controversial diabetes drug, should either be withdrawn from the market or be severely restricted in its sales because it increases the risks of heart attacks." According to GSK, "the charge announced Thursday, which will amount to about $2.1 billion after taxes, 'includes provisioning for settled cases and an estimate for those cases which we have received and are still outstanding.'"

Read the full story here.

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July 18, 2010

Natural Gas Company's Natural Gas Disclosure Decision Could Change Fracking

A Texas natural gas producer's decision to voluntarily disclose the chemicals it injects into the ground could prompt other drillers to do the same, and pave the way for regulators to require such disclosure.

But Range Resources Corp.'s move also reflects the desire of industry to get out ahead of the issue to prevent federal regulation of the key drilling practice called hydraulic fracturing, or fracking. MIKE SORAGHAN, Greenwire, The New York Times 07/16/2010

Read Article: The New York Times

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July 17, 2010

FDA: Avandia To Be Restricted

An FDA panel has made a recommendation to the agency that the controversial diabetes drug Avandia should either be taken off the market or its sales should be severely restricted.

Avandia and its maker, GlaxoSmithKline, have recently come under fire for trial results that reveal that patients taking Avandia are at an increased risk for heart attacks.

A majority of the committee decided that if Glaxo wants to keep Avandia on the market, it must complete another clinical trial to prove it is safe.

FDA officials said they will consider the recommendations of the committee and make an official decision as soon as possible. Gardiner Harris, The New York Times 07/14/2010
Read Article: The New York Times

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July 17, 2010

Imperial Sugar, OSHA Settle Explosion Case

Sugar Land-based Imperial Sugar has reached a settlement with federal regulators seeking to fine the company for safety violations after a 2008 explosion at its Georgia refinery killed 14 workers near Savannah, GA.

The Feb. 7, 2008, explosion killed 14 workers and injured 36. Investigators determined that dangerous levels of sugar dust accumulated inside the plant and ignited like gunpowder. RUSS BYNUM , AP, Houston Chronicle 07/07/2010

Read Article: Houston Chronicle

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July 16, 2010

TXI to Shut Down Highest-Polluting Cement Kilns in Midlothian Texas

TXI will permanently shut down its four oldest, highest-polluting cement kilns in Midlothian and will stop burning hazardous waste as fuel, the company said Tuesday.

The Dallas-based company’s announcement ends an environmental battle that has raged in North Texas for decades.

Midlothian became a center for the cement industry because of extensive limestone deposits. Yet it also became the site of one of the country’s biggest environmental fights.

Federal law allows some cement kilns to burn hazardous waste as fuel to create the high heat required to make cement. TXI is the only company that has burned hazardous waste in Midlothian in recent years.

Environmentalists across the country and in North Texas said burning massive volumes of chemical waste needlessly endangered the public.

Read the full story here at the Dallas Morning News.

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July 13, 2010

Blast at BP Texas Refinery Foreshadowed Gulf Disaster

The 2005 BP plant disaster in Texas City has taken on new relevance, because the investigations that were done in its aftermath reveal so much about the company that is responsible for what's happening now in the Gulf. Government probes, court filings and BP's own confidential investigations paint a picture of a company that ignored repeated warnings about the plant's deteriorating condition and instead remained focused on minimizing costs and maximizing profits.

According to a safety audit BP conducted just before the 2005 blast, many of the plant's more than 2,000 employees arrived at work each day with an "exceptional degree of fear of catastrophic incidents." What BP has -- or hasn't done -- to improve conditions at the Texas City plant since the explosion is also laid out in the documents. Ryan Knutson, ProPublica's Lisa Schwartz, Nicholas Kusnetz and Sheelagh McNeill contributed to this report., ProPublica 07/06/2010

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July 13, 2010

Texas May Require Utilities to Replace Steel Gas Lines

Natural gas utilities might have to dig up neighborhoods across Texas to replace hundreds of thousands of steel service lines to prevent explosions.

The Texas Railroad Commissioner will propose that utilities replace the lines, which bring natural gas from pipelines under neighborhood streets to homes.

Texas has at least 525,000 steel lines, maybe a million. Regulators targeted the service lines after several deadly home explosions. The problem is that the old service lines are made of rigid steel, which can shift and corrode. ELIZABETH SOUDER , The Dallas Morning News 07/06/2010

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July 12, 2010

NYTimes says patients should seek Avandia alternatives.

The New York Times (7/5) editorialized that the recent controversy over the diabetes drug Avandia -- with "two major studies" saying it "raises the risk of cardiovascular ailments" and the third yet-to-be-published study that "seemed to exonerate" the drug -- should probably lead patients to ask their doctors about alternatives.

The paper said that as expert advisers to the Food and Drug Administration work to deliver a more definitive judgment, it would throw its lot with the views of safety specialists, who focus solely on risks emerging after the drug is in use, rather than the opinions of those "who approved the drug as safe and effective in the first place."

Read the full story here at the New York Times.

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July 11, 2010

Fort Worth Man Settles Sex-Abuse Suit With Roman Catholic Diocese

A man who accused a priest of sexually abusing him when he was 14 has settled his lawsuit with the Fort Worth Roman Catholic Diocese.

At the man's request, terms of the settlement were confidential. The suit, filed last year in state district court, accused the Rev. Rudolf Rentería of abusing the boy in the rectory at St. Matthew Catholic Church in Arlington on Mother's Day weekend 1981.

According to the suit, Rentería offered to let the boy spend the night at the rectory. There, Rentería fondled him and attempted anal intercourse, the suit says. An additional report of sexual misconduct dating to 1985 surfaced in 2000, according to the lawsuit, which accused the priest of having an "impulsive sexual attraction to boys." DARREN BARBEE, Fort Worth Star-Telegram 07/02/2010

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July 10, 2010

Pipelines in Texas Natural Gas Explosions Were Not Properly Marked

Two Texas natural gas pipelines that exploded last month, killing three people, had not been properly marked, according to state records.

Incident reports filed with the commission by the pipeline operators and excavators involved in each event confirm that neither pipeline was properly marked before the digging.

State law requires that companies wanting to excavate call a national 811 number to state where they plan to dig and request information about pipelines and anything else underground that might be struck. AMAN BATHEJA, Fort Worth Star-Telegram 07/02/2010

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July 9, 2010

Residents Blame Drilling Process for Fouled Well Water

While most of the discussions about the environmental impact of natural gas drilling in the Barnett Shale have centered on air quality, questions are now being raised about its potential impact on water quality as well.

Drilling critics have expressed concern that a drilling process called hydraulic fracturing in which millions of gallons of water and sand laced with chemicals are pumped into the ground to free up natural gas -- has the potential to contaminate groundwater supplies. ELIZABETH CAMPBELL and AMAN BATHEJA, Fort Worth Star-Telegram 07/02/2010

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July 8, 2010

Avastin Causes Significant Kidney Damage in Some Patients.

The Los Angeles Times (7/1, Rick) reports that Avastin (bevacizumab) "can cause significant kidney damage in some patients," according to a new study.

Researchers, "reporting in this month's issue of the Journal of the American Society of Nephrology...wrote that patients on Avastin were at increased risk of severe protein loss from the kidneys, which can lead to permanent damage." Altogether, "patients on Avastin were at a fourfold risk for protein loss and kidney damage, depending on dosage and the type of cancer."

Kidney problems are the second serious condition linked to the cancer drug. Last year it was found that some patients on Avastin were at elevated risk of intestinal perforations.

Continue reading "Avastin Causes Significant Kidney Damage in Some Patients." »

July 7, 2010

PG&E Agrees to Settlement Over Fatal Car Accident

Utility provider PG&E has agreed to pay $5 million to the mother of a 20-year-old woman who was killed in a car accident involving one of the company drivers.

Mary Bernstein and a friend were killed in the wreck in 2006 when John Mayfield, a diabetic, blacked out a the wheel after forgetting to test his blood sugar. Under the terms of the agreement, PG&E agreed to record the resolution as a judgment, rather than a confidential settlement.

Mary's mother Lisa has also said she will petition California legislators to pass regulations that require companies to more closely monitor their fleet drivers. Tracey Kaplan, San Jose Mercury News 07/06/2010
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July 7, 2010

Dallas CBS 11: North Texas Yaz Yasmin Lawsuits

We were recently featured on Dallas CBS Channel 11 evening news.

Please click here to read the interview and watch the video link.

Our client suffered massive brain damage following the use of Yaz.

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July 7, 2010

Medical Malpractice: Some Veterans Not Notified of HIV Risk From Colonoscopies

The Miami Herald (7/7, Tasker) says that the Department of Veterans Affairs, "which in March 2009 revealed that more than 2,400 Miami-area veterans were given colonoscopies with improperly cleaned equipment, announced Tuesday that 79 veterans mistakenly were not notified they are at risk of contracting a disease such as HIV from the procedure."

The agency, which "said the failure to contact the 79 veterans came from administrative errors relating to their charts," has "temporarily removed Mary Berrocal, director of the Miami VA Healthcare System," and replaced her with Thomas Capello, director of the Gainesville VA hospital, "until a 30-to-60-day investigation is complete."

Read full Miami Herald story here.

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July 7, 2010

Wal-Mart Fighting $7K OSHA Fine in Trampling Death.

On the front page of its Business Day section, the New York Times (7/7, B1, Greenhouse) reports, "Wal-Mart Stores has spent a year and more than a million dollars in legal fees battling a $7,000 fine that federal safety officials assessed after shoppers trampled a Wal-Mart employee to death at a store on Long Island on the day after Thanksgiving in 2008."

The company's "all-out battle against the relatively minor penalty has mystified and even angered some federal officials," but Wal-Mart "says that regulators are trying to enforce a vague standard of protection when there was no previous OSHA or retail industry guidance on how to prevent what it views as an 'unforeseeable incident.'

Read the full story here at the New York Times.

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July 5, 2010

Jury: State to Pay Damages for Death of Inmate

A Maryland jury awarded $2.025 million to the family of an inmate who was hit by a truck and killed while he was picking up trash on work detail in 2007.

According to the lawsuit, Rodney Jennings was crushed by a speeding dump truck that was exiting the highway he was working on.

The lawsuit also alleges that jail officials mistakenly believed that a vehicle had been in place to block the exit ramp from traffic, keeping the inmates safe. Ruben Castaneda, The Washington Post 06/25/2010

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July 3, 2010

BNSF Argues MN $21.6M Train Death Verdict Preempted By Federal Law.

The Minneapolis Star Tribune (6/23, Levy) reports on a case before the Minnesota Court of Appeals in which Burlington Northern Santa Fe is appealing "a record $21.6 million" verdict awarded "to the families of four young people killed in a 2003 train-car accident in Anoka," MN.

BNSF attorney Sam Hanson said that Washington County Judge Ellen Maas' "failure 'to eliminate Minnesota state common law and replace it with federal regulations' when instructing the jury at the start of the trial 'entitled' BNSF to a new trial, based on federal preemption."

Read full story here.

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July 2, 2010

Lawsuit Settled Over Wreck Caused By Police Officer

A Dayton, Ohio, couple will receive $27,000 from the city in a settlement for their involvement in a car crash with a local police officer.

The lawsuit claimed that Officer Adam Sharp caused the accident with the couple when he was driving the wrong way on a one-way road without his lights flashing or siren on. The couple incurred $64,000 in medical bills related to their injuries, the Dayton Daily News reported.

Lucas Sullivan, Dayton Daily News 06/23/2010
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June 30, 2010

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

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." »

June 29, 2010

Ohio Man Killed By Police Taser, Lawsuit Filed

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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June 29, 2010

Bad News Continues for Avandia Diabetes Drug

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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June 29, 2010

Church, University Settle Molestation Lawsuit

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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June 29, 2010

BP Oil Spill Blowout Documents

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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June 28, 2010

Enterprise Car Rental Liable for Fatal Crash in Recalled Vehicle

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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June 27, 2010

Pfizer Faces Over 200 Lawsuits Over Prempro Menopause Drug.

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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June 26, 2010

NYC Victim of Dog Attack Settles Lawsuit with City

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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June 25, 2010

Merck Loses $8 M Verdict in Trial Over Fosamax

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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June 25, 2010

Award Issued in Cruise Ship Slip and Fall Case

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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June 25, 2010

Settlement Reached in PA Guardrail Crash

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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June 23, 2010

GlaxoSmithKline Settles Nearly 200 Paxil Lawsuits.

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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June 23, 2010

Pro Soccer Player Settles Sexual Battery Lawsuit

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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June 21, 2010

Dallas Cowboys Employees Reach Settlements in Building Collapse

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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June 20, 2010

Louisville City Settles Suit Over Fatal Police Collision

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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June 17, 2010

Doctor Desai Indicted in Nevada Hepatitis Outbreak.

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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June 16, 2010

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

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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June 15, 2010

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

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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June 14, 2010

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

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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June 13, 2010

Study by FDA Links Avandia to Increased Heart Risks.

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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June 12, 2010

J&J Blocking Investigations Into Children's Medicine Recall

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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June 11, 2010

Medical Malpractice: Doctors Negligent for Birth Injury

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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June 10, 2010

FDA Recalls Faulty Automated External Defibrillator Batteries

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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June 9, 2010

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

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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June 7, 2010

Massive Pipeline Gas Explosion Hits Johnson County Texas

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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June 7, 2010

Wrongful Death Suit Filed Over Actor Carradine's Death

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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June 6, 2010

SC Jury Finds Hospital Negligent in Death of Patient

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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June 3, 2010

Verizon Ordered to Pay Damages to Brain Injured Man

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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May 31, 2010

McNeil Consumer Healthcare Accused of Hiding Motrin Recall

The company at the center of a massive recall of children's Tylenol and other popular over-the-counter products tried to perform a "phantom recall" of defective Motrin by sending contractors around the country to buy up the medicine from stores without alerting regulators or the public.

When faced last year with Motrin IB caplets that were not dissolving properly, McNeil Consumer Healthcare, a division of Johnson and Johnson, hired contractors to buy the products under orders not to mention the term "recall."

After the Food and Drug Administration discovered the effort -- because one of the contractors accidentally dropped an instruction sheet on the floor of a store -- McNeil announced a recall of roughly 88,000 packages of the product.

Read the full story here at the Washington Post.

Continue reading "McNeil Consumer Healthcare Accused of Hiding Motrin Recall " »

May 30, 2010

Dallas Oil Recovery Team: BP Leak ‘Top Kill’ Fails

In another setback in the effort to stem the flow of oil gushing from a well a mile beneath the Gulf of Mexico, BP engineers said that the “top kill” technique had failed and they had decided to move on to another strategy.

The abandonment of the top kill technique, was the latest in a series of failures. First, BP failed in efforts to repair a blowout preventer with submarine robots. Then its initial efforts to cap the well with a containment dome failed when it became clogged with a frothy mix of frigid water and gas.

BP has started work on two relief wells, but officials have said that they will not be completed until August — further contributing to what is already the worst oil spill in United States history.

Read the full story here at the New York Times.

Continue reading "Dallas Oil Recovery Team: BP Leak ‘Top Kill’ Fails" »

May 30, 2010

Dallas Texas Accutane Lawsuit Update

Plaintiff Andrew McCarrell was awarded $25.16 M in damages in his lawsuit against Roche Holding AG, maker of Accutane. McCarrell alleged in his lawsuit that his use of Accutane resulted in inflammatory bowel disease. McCarrell underwent five surgeries, including one to remove his colon.

According to Bloomberg on 2/16/10, McCarrell initially was awarded $2.62 M in his lawsuit, but that award was overturned and a new trial was ordered.

Accutane was introduced to the market in 1982 with a list of serious side effects including birth defects and depression. More than 13 million people reportedly used Accutane before Roche removed it from the market in June 2009, citing the cost of personal injury lawsuits.

May 22, 2010. By Heidi Turner Read full story here Lawyers and Settlements

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May 29, 2010

Toyota Lawsuits in California Might Be Coordinated

Lawsuits in California state court against Toyota Motor Corp. related to sudden acceleration of its vehicles should be coordinated so they can be handled more efficiently, a judge said.

Judge West said he will recommend to the California Supreme Court’s chief justice that the cases be coordinated in either Los Angeles or Orange County. He also said he would recommend that the personal injury cases either proceed as a separate group before the same judge or in one group on separate tracks with the class-action lawsuits alleging economic loss.

Toyota, the world’s largest automaker, faces at least 228 federal and 99 state lawsuits including proposed class actions over economic loss and claims of personal injuries or deaths allegedly caused by sudden-acceleration incidents. The federal lawsuits were combined April 9, before U.S. District Judge James V. Selna in Santa Ana, California.

Read the full Bloomberg story here.

Continue reading "Toyota Lawsuits in California Might Be Coordinated " »

May 28, 2010

For Asbestos-Ravaged Town, Questions Persist

Health workers tracking Libby's plight estimate at least 400 people have died of asbestos-related illnesses — from W.R. Grace mine workers and family members who breathed in the dust they brought home in their clothes, to those who played as kids in waste piles dumped by the company behind the community baseball field.

Some 1,500 locals and others who were exposed have chest X-rays revealing the faint, cloudy shadows of asbestos scarring on their lungs. Even though research long showed cause for concern — up to 70 percent of miners in a 1980s study had fibers in their lungs — it took news reports about the deaths to drive officials to action, beginning a decade ago.

After the cleanup began, the U.S. Environmental Protection Agency confidently predicted it would be done in two years at a cost of $5.8 million. Ten years on, the price tag has exceeded $333 million, the deaths continue, and more asbestos keeps showing up — in schools, in businesses, in hundreds of houses.

The scope of contamination has at times overwhelmed environmental regulators, dragging out the cleanup, an Associated Press review of hundreds of pages of government documents and interviews with current and former agency officials revealed.

Matthew Brown, Associated Press, Yahoo News 05/25/2010

Continue reading "For Asbestos-Ravaged Town, Questions Persist" »

May 27, 2010

Actor Dennis Quaid Files Suit Over Heparin Drug Mix Up

Actor Dennis Quaid has filed a lawsuit against drug maker Baxter Healthcare Corp. over two easily confused drugs that, when mixed up, almost killed his twin infants.

The lawsuit claims that the blood thinner Heparin and a less potent drug, Hep-lock, have such similar labels that the two are easily confused. In late 2007, Quaid's twins were given an almost fatal dose of Heparin instead of Hep-lock at a local hospital. The lawsuit also states that the company should have recalled the Heparin because they knew that similar incidents had occurred before.

Staff and Wire Reports, Contra Costa Times 05/25/2010
Read Article: Contra Costa Times


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May 25, 2010

Slip and Fall Injury On Movie Set Leads to Lawsuit

A Chicago man filed a lawsuit against NBC Universal Inc. over an injury he sustained while walking through the set of the movie "Public Enemies" in the streets of Chicago in 2008.

In his lawsuit, John McManus said he tripped on one of the fake rubber cobblestones installed by set designers and sustained serious injuries.

No signs, barriers or warnings existed to alert McManus to the fake stone and tracks, the lawsuit alleges. He is seeking $50,000 in damages. Serena Maria Daniels, Chicago Tribune 05/23/2010

Read Article: Chicago Tribune

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May 23, 2010

Florida man Awarded $14 M in Asbestos Case

A Miami-Dade jury has awarded a Sarasota man more than $14 million after deciding that the asbestos he inhaled in the 1970s caused his deadly abdominal cancer.

Jurors found that chemical giant Union Carbide was negligent for selling asbestos fibers to other companies, which had used the fibers to make joint compounds used by construction companies -- such as the one William Aubin's family owned.

Jurors also found that four of the compound manufacturers, including Georgia-Pacific, share some of the responsibility for causing Aubin's illness.

Read the full Miami Herald (5/21, Morales) report here.

Continue reading "Florida man Awarded $14 M in Asbestos Case " »

May 20, 2010

First Bellweather NuvaRing Lawsuit Trials in the Federal Multidistrict Litigation (MDL)

A federal judge has issued a scheduling order for the first bellweather NuvaRing lawsuit trials in the federal Multidistrict Litigation (MDL), which involve claims filed by women who allege that side effects of the birth control ring caused them to suffer serious and potentially life-threatening blood clots.

All fact discovery for NuvaRing cases assigned to the “Phase I Trial Pool” must be completed by December 17, 2010. The judge overseeing the MDL also set a deadline of January 3, 2011, for all parties to propose expert discovery schedules in the lawsuits, suggesting that the first NuvaRing trial is unlikely to reach a jury before late 2011 or early 2012.

Continue reading "First Bellweather NuvaRing Lawsuit Trials in the Federal Multidistrict Litigation (MDL) " »

May 19, 2010

Md. Jury Awards Damages in Medical Malpractice Case

A Maryland woman was awarded $3.5 million by a local jury in a malpractice lawsuit over an alleged botched surgery that left her unable to walk.

Victoria Little underwent surgery for blocked arteries in 2007, and the lawsuit claims the doctors used an improper grafting technique. The surgery caused severe blood loss and injured her spine, leaving her a paraplegic.

The jury awarded $1.3 million in noneconomic damages, $2 million for future medical bills, and more than $200,000 for past medical bills.

Tricia Bishop, Baltimore Sun 05/14/2010

Read Article: Baltimore Sun

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May 18, 2010

Iowa Doctor Settles Sexual Assault Lawsuit

A sexual assault lawsuit against a University of Iowa anesthesiologist has been settled. In the lawsuit, Pauline Longoria claimed that Dr. Samir Haddad sexually assaulted her in his office on campus in May 2007.

Haddad claims the "sexual contact" was consensual, and the local district attorney's office has not yet decided if it will pursue criminal charges. As part of the settlement, Haddad will pay a $5,000 fine and have his medical license suspended by the Iowa Board of Medicine. Tony Leys, DesMoines Register 05/13/2010

Read Article: DesMoines Register

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May 17, 2010

Wrongful Death Suit Filed Over Strangling Death of Shoplifter

A lawsuit has been filed against CVS and a Chicago store employee who allegedly strangled a man to death for shoplifting crayons and toothpaste.

Michael Johnson said in his lawsuit that an unnamed employee chased his son, Anthony Kyser, from the store and put him in a choke hold that resulted in death.

County medical examiners ruled the death a homicide, but police determined the death to be an accident. The lawsuit seeks unspecified damages. Staff Report, Chicago Tribune 05/12/2010

Read Article: Chicago Tribune

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May 16, 2010

Devastating BP Oil Rig Explosion Survivor Tells Story on 60 Minutes

Tonight's 60 minutes show on CBS, reported the harrowing story of the BP TransOcean's rig, the Deep Horizon.

As the world knows on April 20, 2010 there was a tremendous explosion on the oil rig, located some 40 miles of the Louisiana coast. In the gas explosion 11 oil rig workers lost there lives in the ensuing fire ball.

Watch the 60 Minutes segment here.

Continue reading "Devastating BP Oil Rig Explosion Survivor Tells Story on 60 Minutes" »

May 16, 2010

Fort Worth Offers $2 M to Settle Lawsuit over Taser Death

The city has offered a record-setting $2 million to settle a lawsuit filed by the family of a man who was killed with a Taser during a confrontation with police last year.

The City Council is scheduled to vote on the settlement according to an agenda posted online.

It's the biggest lawsuit settlement offer Fort Worth has ever had in a case involving death or injury, Assistant City Attorney Gerald Pruitt said.

Read more: http://www.star-telegram.com/2010/05/15/2190966/fort-worth-offers-2-million-to.html#ixzz0o74VMXhm

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May 15, 2010

Specialist Accused of Treating Healthy Woman for Pancreatic Cancer

A medical malpractice lawsuit has been filed against a New York cancer specialist, claiming he treated a woman for pancreatic cancer when she in fact was not sick, and that the treatment killed her.

Giuseppa Bono went to see Dr. Gilbert Lederman on referral from an Italian doctor who, as it turns out, is not a real doctor. Lederman did not verify the diagnosis of cancer, but instead treated her immediately with radioactive therapy. Lawyers for Bono's estate also contend that Lederman and the Italian man, Salvatore Conte, were in cahoots. John Marzulli, New York Daily News 05/11/2010

Read Article: New York Daily News

May 14, 2010

Harris County Settles Lawsuit Over Woman's Jail Death

The Harris County Commissioner's Court approved a $167,500 settlement in a lawsuit over a woman who died while in a county jail in 2008.

The lawsuit alleged that Margarita Saavedra had begged for medical treatment from the jail staff for a staph infection in the days before she died.

She was being held in the county jail awaiting trial on drug charges when she died. Chris Moran, Houston Chronicle 05/11/2010

Read Article: Houston Chronicle

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May 14, 2010

Accutane Lawsuit Settled on eve of Trial

A man who claimed that he developed severe bowel problems from Accutane, an acne medication, has reached a pre-trial settlement with Roche Laboratories, the drug’s manufacturer.

Roche has asked Madison County Circuit Judge to approve the Accutane settlement, according to a report in The Madison Record.

The plaintiff, Peipert alleges that Dr. Daniel Goran prescribed him Accutane to treat his acne, and that the drug caused him to develop the debilitating condition, inflammatory bowel disease (IBD). The case was set to go to trial on April 19, but start of the trial was delayed due the potential settlement with Accutane manufacturers.

Continue reading "Accutane Lawsuit Settled on eve of Trial" »

May 14, 2010

Yaz Yasmin Birth Control Claims

Popular birth control pills taken by millions of women might be causing serious side effects, that in some cases have led to death. That's the claim of a growing number of lawsuits.

Yaz and its sister drug Yasmin are big sellers marketed to women under 35. Hormones in all birth control pills can cause blood to thicken, but there are more than 1,000 lawsuits saying Yaz and Yasmin cause more blood clots than others.

Read the full story here

May 13, 2010

According to Scientists Oil Spill in Gulf Underestimated,

Scientists and environmental groups are raising questions about 5,000 gallons per day estimate. They also criticize BP for refusing to use scientific techniques that would give a more precise figure.

BP has repeatedly claimed that measuring the plume of oil gushing from the broken well would be impossible.

The issue of how fast the well is leaking has been unclear from the beginning. For several days after the April 21 explosion of the Deepwater Horizon rig, the government and BP claimed that the well on the ocean floor was leaking about 1,000 barrels a day.

Read the full New York Times story here.

May 12, 2010

OK Jury Finds Botox Maker Negligent, Awards $15 M

An Oklahoma City jury has ordered Allergan Inc., the maker of Botox Cosmetic, to pay $15 million to a local doctor who claimed she suffered botulism poisoning from the product.

Dr. Sharla Helton claimed in her lawsuit that the illness she suffered as a result of Botox injections in 2006 caused her to quit her job. The jury said they ruled against Allergan Inc. because their Botox product did not have adequate information about side affects on its warning label. Nolan Clay, NewsOK.com 05/12/2010

Read Article: NewsOK.com

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May 11, 2010

Teva & Baxter Ordered to Pay $500 M in Hep C Case

Teva Pharmaceutical Industries and Baxter Healthcare Services were ordered to pay a combined $500 million in punitive damages to a Nevada man who contracted Hepatitis C during an outbreak two years ago.

The Clark County District Court jury in Nevada ordered Teva to pay $356 million and Baxter to pay $144 million in the largest jury award in Nevada history.

Read full Reuters story here.

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May 11, 2010

Atmos Responsible for Multiple Violations in Blast at Mesquite Texas Home

Atmos Energy failed to meet minimum safety regulations in connection with a home explosion in Mesquite, according to a state investigation.

The Texas Railroad Commission investigation found that Atmos should phase out the type of steel natural gas lines used in the area. The company has decided to replace each of the 680 lines in the area of Town East Estates subdivision.

Read the full story at the Dallas Morning News.

Continue reading "Atmos Responsible for Multiple Violations in Blast at Mesquite Texas Home " »

May 9, 2010

Attempt to Contain Gulf Oil Spill Plagued With Problems

The effort to contain the oil spill that has poured millions of gallons of crude oil into the Gulf of Mexico encountered a setback, according to officials. This means that oil will continue gushing into the ocean for possibly months.

Workers earlier maneuvered a containment dome over the remaining leaks on the seabed to funnel the oil to the surface, where it would be collected by a drill ship.

Read the full story here at the New York Times.

Continue reading "Attempt to Contain Gulf Oil Spill Plagued With Problems" »

May 6, 2010

BP Oil From Gulf Spill Lands in Louisiana

Oil from the massive spill in the Gulf of Mexico came ashore on a chain of islands off the Louisiana coast today as the Obama administration accused BP Plc and its agents of making "very major mistakes" in the negligent drilling operation.

BP engineers were to lower a huge metal chamber over the ruptured seabed well, which has been gushing oil a huge amount per day since the Deepwater Horizon rig exploded two weeks ago off the Louisiana Coast, killing 11 workers.

Read the full Reuters story here.

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May 5, 2010

BP Gives Gloomy Outlook on Gulf Oil Spill

In the worst case, the disaster could grow at 12 times the rate of current estimates, BP officials say at a Capitol Hill briefing.

BP officials told congressional representatives that the Gulf of Mexico oil spill could grow at a rate more than 10 times current estimates in a worst-case scenario — greatly enlarging the potential scope of the disaster.

Most of the handful of congressional Democrats and Republicans who met with representatives from BP, Transocean Ltd. and Halliburton in a closed-door briefing on Capitol Hill walked away unimpressed.

Read full LA Times story here.

Continue reading "BP Gives Gloomy Outlook on Gulf Oil Spill" »

May 4, 2010

After Gulf Coast Oil Spill, Devastation Predicted For Region

With each day that the leaking oil well a mile below the surface remains uncapped, scientists and energy industry observers are imagining outcomes that range from bad to worse to worst, with some forecasting a calamity of historic proportions.

Executives from oil giant BP and other energy companies, meanwhile, shared their own worst-case scenario in a Capitol Hill meeting with lawmakers, saying that if they fail to close the well, the spill could increase from an estimated 5,000 barrels a day to 40,000 barrels.

Read the full Washington Post Story here.

Continue reading "After Gulf Coast Oil Spill, Devastation Predicted For Region" »

May 3, 2010

At the End of the Road Hwy 23: Dallas Oil Recovery Team

Where the world runs out of road and into bayou, and all that is left beyond is the Gulf of Mexico, dozens of docked shrimp boats bob in place. They should be out right now, green nets trawling for cash in crustaceans.

Among these many boats — actually, between the Capt. Andy and the Capt. James — there rocks the St. Martin. And on the St. Martin, there lives its owner, a Vietnamese-born American named Thuong Nguyen, whose right forearm bears a tattoo that says, in his native language:

“Life is difficult.”

Read the full New York Times story here.

Continue reading "At the End of the Road Hwy 23: Dallas Oil Recovery Team" »

May 3, 2010

Safety Fears Halt Fishing in Areas Affected by Spill

The government ordered a halt on Sunday to fishing in areas affected by the ever-spreading oil slick in the Gulf of Mexico, a ban that covers waters from Louisiana to Florida and hinders the livelihoods of untold numbers of fishermen.

Citing public safety concerns, the National Oceanic and Atmospheric Administration restricted fishing for at least 10 days in the affected waters, largely between Louisiana state waters at the mouth of the Mississippi River to waters off Pensacola Bay in Florida. Scientists were taking samples of water and seafood to ensure food safety.

Read the full New York Times story here.

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May 3, 2010

BP's Worsening Spill Crisis

BP's chief executive is coming under mounting pressure over the vast spill spreading in the Gulf of Mexico, which was caused when a giant drilling rig there caught fire and sank, with the loss of 11 crew members. The oil, still spewing from the well on the ocean floor, threatens to blacken the Louisana shoreline, and BP's reputation.

When Mr. Hayward took over BP's leadership three years ago, the company was badly run, accident-prone and accused in the aftermath of a deadly explosion at its Texas City refinery of putting profits before safety.

None of that seems to matter now, as BP heads into the crisis grinder. And with about 5,000 barrels of oil leaking from the damaged well each day.

Read the full WSJ story here.

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May 2, 2010

Gulf Coast Towns Brace as Huge Oil Slick Nears Marshes: Dallas Texas Oil Spill Recovery Team-Update 4

Oil gushed into the Gulf of Mexico unabated Saturday, and officials conveyed little hope that the flow could be contained soon, forcing towns along the Gulf Coast to brace for what is increasingly understood to be an imminent environmental disaster.

The spill, emanating from a pipe 50 miles offshore and 5,000 feet underwater, was creeping into Louisiana’s fragile coastal wetlands as strong winds and rough waters hampered cleanup efforts. Officials said the oil could hit the shores of Mississippi and Alabama as soon as Monday.

The White House announced that President Obama would visit the region on Sunday morning.

Read the full New York Times story here.

Continue reading "Gulf Coast Towns Brace as Huge Oil Slick Nears Marshes: Dallas Texas Oil Spill Recovery Team-Update 4" »

May 2, 2010

'Mind-boggling' oil spill in Gulf could eclipse Exxon Valdez disaster: Dallas Texas Oil Spill Recovery Team-Update 3

An oil spill that threatened to eclipse even the Exxon Valdez disaster spread out of control and started washing ashore along the Gulf Coast as fishermen rushed to scoop up shrimp and crews spread floating barriers around marshes.

The spill was bigger than imagined — five times more than first estimated — and closer. Fingers of oily sheen were reaching the Mississippi River delta, lapping the Louisiana shoreline in long, thin lines.

Read the full story here.

Continue reading "'Mind-boggling' oil spill in Gulf could eclipse Exxon Valdez disaster: Dallas Texas Oil Spill Recovery Team-Update 3" »

May 2, 2010

Lawyers Flock to Gulf Coast For Oil Spill Lawsuits: Dallas Texas Oil Spill Recovery Team-Update 2

Teams of lawyers from around the nation are mobilizing for legal battles over the massive Gulf Coast oil spill, filing at least 26 potential class action lawsuits.

Attorneys say there could be hundreds of thousands of plaintiffs from Texas to Florida seeking damages. Plaintiffs so far include commercial fishermen, charter boat captains, resort management companies and individual property owners.

Plaintiffs in class-action cases seek to represent an entire group of people in similar situations who claim economic losses due to company negligence.

The lawsuits target BP PLC, Transocean and other companies involved in the offshore rig that exploded in the Gulf and began leaking oil.

Read the full AP story here.

Continue reading "Lawyers Flock to Gulf Coast For Oil Spill Lawsuits: Dallas Texas Oil Spill Recovery Team-Update 2" »

May 1, 2010

Dallas Oil Spill Recovery Team: New Federal Commander Fights Against BP Oil Leaks

Coast Guard Adm. Thad Allen, who directed relief efforts in the gulf after Katrina, says that it’s impossible to estimate the size of the oil slick and that his priority is on stopping its spread.

The new top commander heading the fight against a massive oil slick in the Gulf of Mexico said on Saturday that it was impossible to estimate the size of the leak pouring into the water.

Allen's comments come as academics and consultants say the size of the leak is growing and is perhaps three times larger than previously thought. The amount of oil leaked may already be about 10 million gallons and growing. By comparison, the Exxon Valdez spill was about 11 million gallons.

Read the full story here at the Los Angeles Times

Continue reading "Dallas Oil Spill Recovery Team: New Federal Commander Fights Against BP Oil Leaks" »

May 1, 2010

Dallas Texas Oil Spill Recovery Team-Update 1

As a personal injury attorney, medical doctor and concerned environmentalist I have decided to team up with my very good friend, Spencer Aronfeld of the Aronfeld Law Firm. Today we are going to the Gulf Coast to assess for ourselves first hand the impact of this environmental catastrophe.

What will follow over the next few days will be dispatches from the front lines; first hand cataloging of the damage. We are hopeful that with pictures and video of the devastating damage we can start a discussion and have people think about the downside of oil.

Continue reading "Dallas Texas Oil Spill Recovery Team-Update 1" »

May 1, 2010

Threats to Wildlife Often Linger Long After Accidents

Driven deep into Gulf Coast waterways by wind and seasonally high tides, the spreading oil slick from the Deepwater Horizon accident could cause serious ecological and wildlife-health consequences long after signs of surface damage have been erased.

Independent studies of several major oil spills, including the 1989 Exxon Valdez accident, show that oil often reaches farther into tidal estuaries than previously thought and can soak into shoreline sediment where it can continue to affect fish and wildlife for 10 or 20 years.

In the aftermath of offshore oil spills in Alaska, Massachusetts and Spain, researchers discovered long-term effects on shellfish, crabs, seabirds, whales and sea otters years after the accidents. The problems ranged from altered blood chemistry and higher levels of stress hormones to erratic behavior, contaminated eggs and long-term population declines.

Read the full story here at the Wall Street Journal

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May 1, 2010

Oil Spill’s ‘Fisheries Failure’ May Signal End of Coastal Towns

Frank Campo thinks the oil spill approaching the marshes east of New Orleans may destroy his community.

Campo, who runs Campo’s Marina in St. Bernard Parish’s Shell Beach, says the response to the spill is too little and too late to prevent economic disaster for the commercial and recreational fishermen who earn a living from the coast.

Read the full Bloomberg story here.

Continue reading "Oil Spill’s ‘Fisheries Failure’ May Signal End of Coastal Towns " »

May 1, 2010

Guessing the Feds’ Response to the BP Oil Rig Explosion

We blogged on Thursday about the initial lawsuits getting filed over the huge oil spill in the Gulf of Mexico.

Those suits, however, are likely to turn out to represent just the tip of the iceberg in regard to the legal trouble likely facing a host of defendants, including BP, Transocean Offshore Deepwater Drilling, and others.

Read the full WSJ story here.

Continue reading "Guessing the Feds’ Response to the BP Oil Rig Explosion" »

May 1, 2010

Accutane Side Effects Quadruple Risk of Ulcerative Colitis

The results of a new study found that the side effects of Accutane, an acne drug that is also known as generic isotretinoin, increases the risk of developing inflammatory bowel problems.

The study, conducted by the University of North Carolina Chapel Hill, was published March 30 in the American Journal of Gastroenterology. Researchers say they found that the use of Accutane increased the risk of developing ulcerative colitis by a factor of four.

Researchers looked at data from 87 health insurance plans and found nearly 8,200 people who had been diagnosed with inflammatory bowel disease (IBD), that includes ulcerative colitis and Crohn’s disease.

Researchers found that those taking Accutane were four times more likely to develop ulcerative colitis, and they also determined that the chance of developing the bowel disorder increased in relation to the Accutane dosage, strengthening the evidence of a causal relationship.

Continue reading "Accutane Side Effects Quadruple Risk of Ulcerative Colitis" »

May 1, 2010

BP Is Criticized Over Toxic Oil Spill

As oil edged toward the Louisiana coast, fears continued to grow that the leak from the seabed oil well could spiral out of control. One official at the National Oceanic and Atmospheric Administration, said the oil flow could grow from the current estimate of 5,000 barrels a day to “an order of magnitude higher than that.”

BP officials said they did everything possible, and a review of the response suggests it may be too simplistic to place all the blame on the oil company. The federal government also had opportunities to move more quickly, but did not do so while it waited for a resolution to the spreading spill from BP, which was leasing the drilling rig that exploded in flames on April 20 and sank two days later. Eleven workers are missing and presumed dead.

Read the full New York Times.

Continue reading "BP Is Criticized Over Toxic Oil Spill" »

April 30, 2010

BP's Escalating Costs Put Investors on Edge

BP PLC said Friday that it would honor all "legitimate claims" for damages stemming from the Louisiana oil spill, as the company's stock continued to fall amid investors' concerns about potential litigation and a total clean-up bill that could run well into the billions of dollars.

The disaster was set in motion when the Deepwater Horizon, which had been leased by BP to drill a well in the Gulf of Mexico, caught fire and sank, killing 11 crew members. BP's efforts to stop the flow of oil from the well have failed.

The company is spending about $6 million a day on the clean-up, but those costs are expected to escalate with the oil making landfall. Analyst estimates of BP's total costs stemming from the disaster range from around $2.5 billion to $8 billion. BP says it is self-insured.

Read the full Wall Street Article Here.

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April 30, 2010

BP Document: No Plan For Major Oil Spill

British Petroleum downplayed the possibility of a catastrophic accident at an offshore rig that exploded, causing the worst U.S. oil spill in decades along the Gulf Coast and endangering shoreline habitat.

In its 2009 exploration plan and environmental impact analysis for the well, BP suggested it was unlikely, or virtually impossible, for an accident to occur that would lead to a giant crude oil spill and serious damage to beaches, fish and mammals.

At least 1.6 million gallons of oil have spilled so far since the April 20 explosion that killed 11 workers, according to Coast Guard estimates.

Read the full AP story here.

Continue reading "BP Document: No Plan For Major Oil Spill" »

April 30, 2010

1,100 Yaz and Yasmin Lawsuits Filed and New Versions of Yaz and Yasmin Birth Control

Bayer recently released its Annual Report for 2009. The report is 274 pages long. Here are the highlights:

* By Bayer's count, as of February 15, 2010, about 1,100 lawsuits were filed against it by women injured by Yaz or Yasmin.

* Yaz and Yasmin are Bayer’s best-selling pharmaceutical products for at least the second year in a row.

Continue reading "1,100 Yaz and Yasmin Lawsuits Filed and New Versions of Yaz and Yasmin Birth Control " »

April 30, 2010

Political Consequences Loom As Gulf Oil Slick Spreads Faster

It’s looking much more likely that the oil spill from a BP well blowout in the Gulf of Mexico will have political ramifications in the U.S.

The situation in the Gulf deteriorated again as the U.S. Coastguard revealed that oil is gushing from the damaged well five times faster than previously thought. A change in prevailing winds means the growing oil slick is likely to reach land on Friday, despite BP’s massive efforts to contain it.

Read the full Wall St Story here.

Continue reading "Political Consequences Loom As Gulf Oil Slick Spreads Faster" »

April 30, 2010

Class Action Lawsuits Filed Over Gulf of Mexico Oil Spill

The plaintiff' attorneys are starting to circle the massive oil spill in the Gulf of Mexico.

Attorneys have filed a class action on Thursday over damages caused by the drilling rig that exploded on April 20.

The suit, Cooper v. BP plc, was filed in the Eastern District of Louisiana on behalf of Louisiana shrimpers, fisherman and commercial boaters who claim the oil spill is hurting their livelihood.

Read the full story here at the National Law Journal.

Continue reading "Class Action Lawsuits Filed Over Gulf of Mexico Oil Spill " »

April 29, 2010

Oil Slick Nears Coast as U.S. Escalates Response

The White House escalated its response Thursday to the growing oil spill in the Gulf of Mexico, and a local official said the massive slick is projected to reach the Louisiana coast late Thursday.

The oil "is already in state waters" and will reach the Pass-a-Loutre Wildlife Management Area, near the southernmost tip of the state later Thursday, Plaquemines Parish President Billy Nungesser said after a meeting with council members and a congressman to discuss the emergency.

The prospects for slowing the spread of the oil appear dim, and the slick threatens to cause significant environmental damage and disruption to business along the Gulf Coast.

Read the full Wall St Journal story here.

Continue reading "Oil Slick Nears Coast as U.S. Escalates Response " »

April 29, 2010

Gulf Oil Spill Law Suits Start

Two new federal lawsuits are filed over the oil spill that is currently spewing crude into the Gulf of Mexico after an explosion on one of BP PLC’s offshore rigs. Both lawsuits were filed in the Eastern District of Louisiana.

The first was filed on behalf of two Louisiana commercial shrimpers Acy J. Cooper and Ronnie Louis Anderson, who allege that the spill “is causing dangerous environmental contamination of the Gulf of Mexico and its shorelines, threatening Louisiana’s sensitive wetlands and estuarine areas” and it “will continue to cause loss of revenue to persons (and businesses) who are being prevented from using the Gulf of Mexico and Louisiana’s Coastal Zone for diverse activities, including work and to earn a living.”

Read the full WSJ story here.

Continue reading "Gulf Oil Spill Law Suits Start " »

April 29, 2010

Dallas Accutane Lawsuits Update

Accutane® (isotretinoin or roaccutane) is considered by many dermatologists to be the strongest, most effective weapon against persistent, severe acne.

It is a derivative of Vitamin A, and the drug works by reducing the skin's production of oil.

A current Black Box warning on Accutane cautions consumers about its potential to harm unborn children. Additional serious side effects associated with Accutane use include depression, colitis, and liver disease. Roche Pharmaceuticals, the manufacturer of Accutane, has been named in thousands of lawsuits filed by patients who experienced severe side effects or whose loved ones experienced adverse reactions following Accutane use.

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April 29, 2010

R.J. Reynolds Loses $46.3 Million Smoker's Verdict

R.J. Reynolds Tobacco Co., the second-biggest U.S. cigarette maker, must pay $46.3 million to the widow of a Florida man who died from lung cancer in 1995, according to a Florida jury.

Six state-court jurors in Gainesville voted unanimously in favor of the widow of Frank Townsend, who started smoking at age 13 or 14, according to Greg Prysock, who represented Lyantie Townsend in the case.

The verdict is the latest in favor of a smoker or family member in the state following a 2006 Florida Supreme Court decision in the “Engle” case, which allowed individual smoker lawsuits after the court decertified a statewide class-action case.

Read the full story here.

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April 28, 2010

Fire Trainee's Family Sues For Her Wrongful Death

The family of a firefighter trainee killed during a training exercise has sued the city of Baltimore for her suffering and death.

The mother and two children of Racheal Wilson, 29, who had been with the fire department three months, allege in their $35 million lawsuit that the exercise was conducted in violation of dozens of federal requirements.

In February 2007, Wilson was sent with other cadets into a burning rowhouse in which instructors had set seven fires, although national guidelines allow only one. The cadets weren't properly prepared, nor was an evacuation plan drawn up, the lawsuit alleges. Wilson was given inadequate breathing equipment and clothing that didn't protect her from the extreme heat, the suit maintains, with allegations based on an independent investigation of incident.

Read full story here.

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April 26, 2010

Texas NuvaRing Blood Clot Lawsuits Filed Over DVT and Pulmonary Embolism

Three women from Texas have filed Nuvaring blood clot lawsuits against Organon and Merck & Co., the drug makers, alleging that the popular birth control ring caused them to suffer from a deep vein thrombosis (DVT), pulmonary embolism and other injuries.

The Nuvaring lawsuits were filed on March 26 in the Marshall division of the Eastern District of Texas by Stephanie Huckabee, Amber Dawn Morgan and Christina Renee Pritchard. The women allege that the manufacturers failed to warn consumers about the risk of blood clots from side effects of NuvaRing.

Read full story here.

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April 25, 2010

Suit Alleges Cardinal Mahony Conspired to Hide Priest’s Sexual Abuse of Children

A 25-year-old Mexican man filed suit alleging that Cardinal Roger Mahony of the Los Angeles Archdiocese and a Mexican cardinal conspired to hide a priest's 20-plus years of child sexual abuse, exposing dozens more young victims to rape by a known pedophile.

The complaint filed in federal court in Los Angeles relies on a U.S. law, more than 200 years old, that allows foreign victims of human rights abuses to bring their perpetrators to justice in U.S. courts. The civil suit is the first known to use the Alien Tort Claims Act of 1789 to demand a jury trial and compensation for sexual offenses committed abroad by clergy, attorneys said.

Read full story here at the LA Times

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April 25, 2010

Jury Awards $15M Asbestos Verdict : Dallas Texas Mesothelioma Attorney

A Mississippi jury has awarded $15 million to a 71 year-old oil industry worker who developed asbestosis after years of handling bags of product containing 99 percent asbestos.

Plaintiff Troy Lofton, who testified at trial with tubes in his nose and ears and holding an oxygen bottle that assists his breathing 24 hours a day, alleged that ConocoPhillips manufactured a dangerous product while knowing of its dangers.

The case is only the third to go to trial of over 700 pending cases involving oilfield workers who developed lung cancer, asbestosis or mesothelioma after handling products made by ConocoPhillips or its subsidiaries.

Among the evidence at trial was a handwritten document indicating that the company had weighed the cost of personal injury lawsuits against the profits of continuing to sell asbestos.

Read full story here.

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April 25, 2010

Missouri Suit Alleges Sex Abuse in Youth Swimming

Attorneys filed a lawsuit against the governing body of U.S. competitive swimming and a suburban swim coach whom they claim had a sexual relationship with a teenage swimmer.

The claims are the latest against USA swimming, which has come under fire recently for its handling of alleged sexual abuse cases.

The lawsuit filed in a Jackson County, Mo. court accuses Robert D. Mirande groomed the teen for a sexual relationship -- even providing her alcohol -- and ultimately had ''inappropriate sexual contact'' with her between the summer of 2006 and winter of 2007.

Read full story here.

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April 24, 2010

Bayer Insists That Yaz and Yasmin Are Safe: Dallas Yaz Lawyer

Bayer releases two studies it commissioned as proof that the drugs are safe, but other studies have found that contraceptives like Yaz and Yasmin increase the risk of blood clots more than other types of birth control pills.

Yasmin, first marketed in 2001, and Yaz, introduced in 2006, are made with a synthetic progestin called drospirenone. Two 2009 studies published in The British Medical Journal have called drospirenone's safety into question.

One study, which looked at blood clot risks in healthy Danish women ages 15 to 49, found that of 4,213 cases of various kinds of blood clots reported between 1995 and 2005, more than 2,000 occurred in women who used oral contraceptives. Contraceptive pills made with the synthetic progestins desogestrel, gestodone and drospirenone all had a higher risk of blood clots compared to those made with an older form of progestin called levonorgestrel.

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April 24, 2010

Burleson Texas Cracks Down on Illegal Train Crossings After Wrongful Deaths

Don't ignore flashing lights, bells and other warnings when approaching railroad crossings.

And in Burleson, officials were working to get that message across.

After three fatalities at railroad crossings in about a year, the Burleson Police Department, along with the Union Pacific Railroad, conducted an enforcement operation at the Alsbury Boulevard and Renfro Street crossings in Burleson. Nine drivers were cited for ignoring the warning signals, receiving a ticket that carries a $176 fine.

Read more: http://www.star-telegram.com/2010/04/15/2118783/burleson-cracks-down-on-illegal.html#ixzz0lKdK2ch5

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April 23, 2010

Suspected DWI Crash Results in Murder Indictment in Denton County Texas

A Denton County grand jury returned a murder indictment against a chronic drunken driver on charges that he drove drunk again on Easter and caused a wreck, killing two members of an Argyle family and seriously injuring three others.

John Patrick Barton, 30, is accused of causing the wreck on Interstate 35E in Lewisville that killed Kandace Hull, 33, and her 13-year-old daughter, Autumn Caudle.

Critically injured were Hull's husband, Anthony Hull, and their two other children, ages 12 and 16.

Read more: http://www.star-telegram.com/2010/04/15/2118917/suspected-dwi-crash-on-easter.html#storylink=omni_popular#ixzz0lKRIIzys

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April 22, 2010

Crowley Texas High School Mourns Death of Student in Car Crash

Students at Crowley High School mourned the loss of sophomore Germain Harris II, who died in a car wreck.

Harris, 16, died after his car struck a sign pole in front of an Arby's restaurant in the 3800 block of Altamesa Boulevard in southwest Fort Worth. The wreck happened at about 10:20 p.m.

The 1992 Lexus coupe was traveling at a "high rate of speed," said Sgt. Pedro Criado, a Fort Worth police spokesman.

Read more: http://www.star-telegram.com/2010/04/16/2121090/crowley-high-school-mourns-death.html#ixzz0lKGU8DSm

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April 21, 2010

FDA Warns Pfizer For Lax Oversight of Geodon Drug Study

Federal regulators say the drugmaker Pfizer has failed to correct problems with its testing procedures that resulted in overdoses of several children during a company trial.

The Food and Drug Administration issued a warning letter saying Pfizer did not properly monitor physicians testing an experimental medication, which the agency did not name. A Pfizer spokeswoman said the drug is Geodon, which the company was studying for children with bipolar disorder.

The trial was completed in July 2007 and the FDA is now considering whether to approve the pill for children.

The FDA warning letter, posted online, follows up on problems first cited in 2006, when 26 pediatric patients in a company trial received overdoses of the psychiatric drug. Despite Pfizer retraining the physicians, FDA says three additional overdoses occurred in 2007.

Read full AP story here.

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April 21, 2010

Life Time Fitness Company Sues Mother of Drowned Boy

Two years ago, 4-year-old Colin Holst drowned in a Life Time Fitness swimming pool surrounded by adults and lifeguards.

After being hit with a $25 million wrongful death lawsuit by Colin's parents, Life Time is suing Colin's mother and two of her friends, accusing them of trespassing, fraud and breach of contract. The company claims that Jana Holst, Jennie Stafford and Deborah Stack did not follow the gym's guest policy and that the women should pay damages, court costs and all other expenses related to the lawsuits surrounding Colin's death.

Read full story here.

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April 20, 2010

NUVARING® Manufacturers and Distributors Sued for Wrongful Death

Many lawsuits have been filed against the pharmaceutical companies associated with the birth control product NUVARING® in the United States.

NUVARING® is a birth control product that releases two synthetic hormones, etonogestrel (a progestin) and ethinyl estradiol (an estrogen), into the woman’s body.

The lawsuit complaints allege that the parties named as defendants, which includes Organon USA, Inc., Organon Pharmaceuticals USA, Inc., Organon International, Inc., Akzo Nobel NV, Organon Biosciences, N.V., and Schering-Plough Corporation, not only knew about the potential side effects associated with NUVARING®, but concealed those risks from the public, including the FDA during the approval process.

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April 19, 2010

ENDOSCOPY CENTER OUTBREAK: Hepatitis C case goes to trial

Robert Eglet's client, is infected with hepatitis C, and his Las Vegas law firm going head to head with one of the largest drugmakers in the world and its international law firm.

It's a battle that began more than two years ago after local health officials announced a hepatitis C outbreak linked to Las Vegas endoscopy clinics. Investigators said the outbreak was caused by nurse anesthetists who were reusing single-dose vials of anesthetic between patients at the Endoscopy Center of Southern Nevada and its sister clinics.

Read full story here.

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April 17, 2010

Jury Awards $3M Damages in Mesothelioma Lawsuit

An Illinois maker of asbestos-laden shipboard parts was hit with a $2.99 million verdict brought by the spouse of a former Navy sailor who died a year ago of asbestos-related cancer.

After a 12-day trial in Newport News Circuit Court, a seven-member jury sided with the wife of Robert Hardick, a former Navy petty officer who was exposed to asbestos on Navy ships between the 1950s and the 1970s.

Read full story here.

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April 17, 2010

Yaz, Yasmin, Ocella Concerns Bring Lawsuits But Few Answers

When the oral contraceptives Yasmin and Yaz came on the market in 2001 and 2006, respectively, they were thought to be safer than other birth control pills because they contained a different kind of synthetic progestin.

But in the lawsuits against the pills' maker, Bayer HealthCare, plaintiff attorneys claim that the progestin contained in the pills, drospirenone, is the cause of health problems, including deep vein thrombosis (blood clots in the deep veins), strokes, heart attacks and gallbladder disease.

Read the full story here at the LA Times.

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April 15, 2010

Bayer Told to Revise Yaz, Yasmin Marketing Materials

Federal regulators are requiring Bayer Healthcare to revise its marketing materials for Yaz and Yasmin to reflect new safety information that was recently added to the drugs’ labels. In a letter to Bayer dated April 7, the Food & Drug Administration (FDA) said revisions must include “prominent disclosure of the important new safety information.”

Bayer announced that it was updating the “Warning” sections of the Yaz and Yasmin labels to include additional information about the risk of blood clots associated with the birth control pills. The new information is based on two large, multiyear studies of more than 120,000 women taking contraceptives in the U.S. and the U.K., Bayer said.

Read the full story here.

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April 12, 2010

NuvaRing Named in 300 Product Liability Lawsuits

NuvaRing, a contraceptive device marketed by Organon Pharmaceuticals and Merck & Co., has been named in some 300 product liability lawsuits. The lawsuits claim that NuvaRing caused plaintiffs to suffer serious, life-threatening blood clots.

NuvaRing is a transparent, flexible vaginal ring that provides month-long birth control by emitting a continuous dose of estrogen and progestin for 21 days. The device releases a combination of ethinyl estradiol, a form of the hormone estrogen, and etonogestral. Nuvaring is marketed as providing the same efficacy as birth control pills but more convenient by offering month-long protection.

Read the full story here.

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April 11, 2010

Phila. Jury Awards $89 M in Plane Crash

A Philadelphia Common Pleas Court jury awarded $89 million to family members of passengers killed in a Youngstown, Ohio, plane crash and a survivor, finding that the manufacturer of the plane's engine had concealed information about a faulty carburetor that caused the crash.

The six-seat Piper Cherokee, built in 1968, crashed shortly after takeoff following a refueling stop in Youngstown in 1999.

Read the full story here.

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April 10, 2010

Lawsuit Filed Over Wrongful Death of 7-Year-Old

The parents of a 7-year-old girl killed by a falling concrete slab last year allege in a lawsuit that the slab was part of a sanitary sewer structure built by the city and later abandoned.

Ryan and Amanda Crow are seeking damages against the city for the death of their daughter, Macie Crow, and injuries to their son, 9-year-old Jordan Crow. The children were playing in a deteriorated concrete structure in a ravine near their home when part of the structure collapsed.

City officials said at the time that they did not know what the structure had been but speculated that it was part of a long-abandoned industrial site. The lawsuit says it was part of a sanitary sewer built by the city in 1978.

Read the full story here.

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April 9, 2010

Texas High Court Upholds $1.48 M for Brawl Injuries

The Texas Supreme Court upheld a $1.48 million judgment in favor of a man injured in a barroom brawl nine years ago at a Lake Conroe resort.

The state's high court said the Del Lago Golf Resort & Conference Center did not take reasonable action to protect patrons of the Grandstand Bar when a violent confrontation grew for more than 90 minutes between a wedding party and a Sigma Chi fraternity reunion.

“Tension at the bar turned into cursing, cursing led to threats, threats grew into pushing and all of the above culminated in a full-scale brawl,” Justice Don Willett wrote for the court majority. “Del Lago observed, but did nothing to reduce, this persistent hostility, and while the antagonism may have ebbed and flowed over those 90 minutes, the liquor simply flowed.”

Read full story here.

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April 7, 2010

Wrongful Death Lawsuit Filed Over Fatal Hit-And-Run Crash

The mother of a 17-year-old girl killed in a hit-and-run accident in Escondido, California is suing the woman accused of the teenager’s death for $25 million.

The wrongful-death lawsuit, filed in Vista Superior Court, alleges that Tiffany St. Ives, 54, may have been under the influence of drugs or alcohol when she struck Marlene Resendiz with her car while the girl was crossing a street on Nov. 24, 2007.

Read the full story here.

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April 6, 2010

Miss. Families File Wrongful Death Lawsuits of Girls on Rhino ATV

The families of two north Mississippi girls killed in a 2008 accident have filed a wrongful death lawsuit against the maker of an all-terrain vehicle.

Melissa and Richard Lee Bates and Aundria and Thomas Dilworth filed the suit in Gwinnett County, Ga., against Yamaha Motor Corp. and Yamaha Motor Manufacturing Corp. of America.

The lawsuit claims multiple design and engineering flaws contributed to the deaths of the two 11-year-old girls.

Emily Bates and Lauren Dilworth were riding a Yamaha Rhino ATV when it flipped as it went off the pavement in a subdivision near Olive Branch.

The lawsuit does not seek a specific dollar amount.

Read more: http://www.sunherald.com/2010/04/01/2070467/miss-families-sue-over-deaths.html#ixzz0kBe0ezix

April 5, 2010

Poligrip and Fixodent Litigation Update

For 14 years until just last month, GlaxoSmithKline sold a denture cream called Super Poligrip that contained high levels of zinc.

The zinc helped with adhesion and was probably safe so long as people used moderate amounts of cream. Indeed, the human body needs small amounts of zinc to function. But some people ended up using much larger amounts, and they began to develop the kind of nerve damage associated with excess zinc.

Read the full New York Times story here.

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April 4, 2010

KBR Being Brought to Justice

Five years after alerting authorities that she was gang-raped in Iraq, KBR/Halliburton employee Jamie Leigh Jones will finally get her day in court.

After fighting tooth-and-nail in the lower courts to keep the case from going to trial, KBR announced that it was dropping its Supreme Court appeal in the case.

This was less than two weeks after it was awarded a new $2.3 billion logistics contract by the Army. Jones, who says she was raped by coworkers and then imprisoned in a shipping container for three days by KBR staffers, had been barred from pursuing her sexual harassment case in the courts by a provision in her employee contract: The fine print said all such issues must be resolved via the company's own binding arbitration process.

Read the full story here.

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April 3, 2010

Vatican Knew of Clergy Child Abuse for Decades

The head of a Roman Catholic order that specialized in the treatment of pedophile priests visited with then-Pope Paul VI nearly 50 years ago and followed up with a letter recommending the removal of pedophile priests from ministry, according to a copy of the letter obtained by The Associated Press.

In the Aug. 27, 1963, letter, the head of the New Mexico-based Servants of the Holy Paraclete tells the pope he recommends removing pedophile priests from active ministry and strongly urges defrocking repeat offenders.

Read full story here at the New York Times

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April 2, 2010

Michael Jackson Doctor Fights to Keep Medical License

Michael Jackson's doctor is "hanging on by a thread" and must be allowed to continue practicing medicine in order to pay for his defense on a manslaughter charge in the pop star's death, the physician's lawyers said in court papers.

Responding to a bid by the California attorney general to suspend Dr. Conrad Murray's medical license pending trial, attorneys Ed Chernoff and Joseph Low said that the effect would be devastating to the doctor who already faces a slew of financial problems.

Read full story here.

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April 1, 2010

Possible Punitive Damages Doubled in Boy Scouts Sex Abuse Case.

An Oregon judge on Tuesday more than doubled the punitive damages the Boy Scouts of America could face if the organization loses a lawsuit filed by a man who was molested by a Scout leader in the early 1980s.

Judge John Wittmayer agreed to the plaintiff’s request to increase possible punitive damages to $25 million from $10 million, and the total damages sought in the lawsuit to $29 million.

Read full story here.

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March 31, 2010

Vatican Fights Kentucky Sex Abuse Case.

The Vatican is launching a legal defense that it hopes will shield the pope from a lawsuit in Kentucky seeking to have him answer attorneys' questions under oath.

Court documents obtained by The Associated Press show that Vatican lawyers plan to argue that the pope has immunity as head of state, that American bishops who oversaw abusive priests weren't employees of the Vatican, and that a 1962 document is not the ''smoking gun'' that provides proof of a cover-up.

Read the full New York Times story here.

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March 29, 2010

Jury Finds Doctor Negligent in Death of Basketball Player

A Suffolk County jury found a Randolph doctor was negligent in the death of a college basketball player and awarded more than $2 million to the parents of Antwoine Key, who died in 2005 during a game in Worcester.

Dr. Dorina R. Abdulah had examined Key, a 22 year-old student in 2001 in order to decide whether he was medically eligible to play college sports.

After his death, an autopsy found Key had died of hypertrophic cardiomyopathy, a heart condition that often affects athletes.

Read full story here.

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March 28, 2010

The Minnesota Attorney Taking on the Vatican

The scandal involving the Catholic Church and sex abuse by priests has been going on for years and years. But the saga ramped up decidedly in the past week, when the New York Times reported on a trove of documents supplied by Jeff Anderson, a St. Paul, Minn., lawyer who’s filed thousands of suits against the church in recent years.


Read full story here.

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March 26, 2010

Toyota Blamed For More Wrongful Deaths And Car Crashes

More than 100 deaths have now been blamed on sudden acceleration of Toyota Motor Corp. vehicles, nearly twice the number that had been reported two months ago, according to a Times review of public records.

With a recent surge of complaints to the National Highway Traffic Safety Administration factored in, sudden acceleration has been raised as a possible cause of crashes involving Toyota vehicles that led to 102 deaths, according to NHTSA records, lawsuits and police reports.

Read the full story here at the Los Angeles Times

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March 25, 2010

Bayer Accused in Canadian Lawsuit of Hiding Yaz Risks

Bayer AG, Germany’s largest drugmaker, was accused in a lawsuit of ignoring health risks of the contraceptive Yaz and advertising the drug as safe to boost sales.

The Yasmin family of birth-control pills, known as Yaz and Yasmin, carries a four times increased risk of deep vein thrombosis and pulmonary embolism compared with other contraceptives, according to the suit, filed in St. Catharines, Ontario, by two women. They seek class-action, or group, status to represent all women who used the drugs.

Read the full Bloomberg story here.

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March 24, 2010

Tarrant County Settles Lawsuit Over Inmate's Wrongful Death

FORT WORTH - Tarrant County and the County Hospital District has settled a lawsuit with the mother of a man who died while in the county jail for $30,000, according to county officials.

Tarrant County Commissioners voted 4-0 to pay $15,000 to Brenda Smith, the mother of Santana Smith, a 34-year-old Fort Worth construction worker who died on October 26, 2007 while an inmate in the Tarrant County Jail.

The hospital district, also known as JPS Health Network, also agreed to pay $15,000 to settle the case.

Read the full story here at the Fort Worth Star Telegram

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March 23, 2010

Yasmin Gallbladder Disease Lawsuit Filed Against Bayer

Another lawsuit has been filed against Bayer by a California woman who suffered gallbladder disease after using Yasmin, alleging that the drug maker knew the birth control pill carried unacceptable health risk but released it any way.

The Yasmin gallbladder lawsuit was filed in San Mateo County Superior Court by Louise Thanos.

The case is one of about 1,100 Yaz and Yasmin lawsuits filed on behalf of individual women who allege that they suffered injuries as a side effect of the birth control pills. In addition to lawsuits for gallbladder problems, cases have been filed by women who allege the pills caused them to suffer blood-clot related injuries, such as a stroke, heart attack, pulmonary embolism or deep vein thrombosis.

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March 22, 2010

Iowa Dentist Ordered to Pay $1.5 M for Transmitting STD

A dentist has been ordered by a jury to pay a woman $1.5 million for giving her a sexually transmitted disease (STD).

According to the complaint, Alan Evans, an Iowa dentist, did not tell the plaintiff, Karly Rossiter to take precautions so that he did not infect her with the human papillomavirus, or HPV.

The court documents indicated that Evans told Rossiter that he did not have any STD’s, The two engaged in sexual activity and one year later Rossiter had an abnormal pap smear.

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March 19, 2010

AstraZeneca Wins Trial on Seroquel Diabetes Claim

AstraZeneca Plc officials properly warned a patient’s doctors about the diabetes risk posed by its Seroquel antipsychotic drug, a jury ruled in the first case over the medicine to go to trial.

The state court panel in New Brunswick, New Jersey, deliberated before finding the company’s warnings to Ted Baker’s doctors absolved AstraZeneca of responsibility for his injuries. Baker, 61, took Seroquel for lingering effects of post-traumatic stress syndrome caused by his military service in Vietnam. His was the first of about 26,000 claims over the drug to be considered by jurors.

Read the full story here at Bloomberg News

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March 17, 2010

Seattle Couple Sue Toyota Over Vehicle's Lost Value

A Seattle couple have sued Toyota in federal court, demanding that the company either take back the vehicle they just bought or reimburse them for its loss in value since the automaker's sudden-acceleration troubles became news.

The lawsuit alleges that the issues plaguing Toyota violate the state's Consumer Protection Act and amount to a breach of contract. The lawsuit is a proposed class action and, if certified by a federal judge, could apply to other Toyota owners in Washington with similar issues.

It claims more than 100 class members exist in Washington and that the damages in question will exceed $5 million.

Read full story here.

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March 16, 2010

Texas Supreme Court Tosses $15.8 M Verdict in Case Involving Illegal Immigrant

The Texas Supreme Court threw out a $15.8 million verdict, ruling unanimously that lawyers improperly introduced evidence that a gravel truck driver involved in a 2002 accident that killed four members of a Wise County family was an illegal immigrant.

By repeatedly mentioning the truck driver's immigration status, lawyers for the Hughes family clearly sought to inflame jurors' passions against the driver and his employer, TXI Transportation Co., the court ruled.

Read full story here.

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March 15, 2010

Court says different deadlines apply to surgical sponge lawsuits

The Texas Supreme Court said that a San Antonio woman could not sue her doctor over a surgical sponge left inside her body because she waited too long to file suit even though she could not have discovered the problem any sooner.

The court ruled 9-0 that the patient, Emmalene Rankin, ran afoul of the statute of repose, a tort reform law enacted in 2003 that strictly bans any medical malpractice lawsuit filed more than 10 years after surgery.

Read full story here.

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March 14, 2010

3 Rulings Find No Link to Vaccines and Autism

In a further blow to the antivaccine movement, three judges ruled Friday in three separate cases that thimerosal, a preservative containing mercury, does not cause autism.

The three rulings are the second step in the Omnibus Autism Proceeding begun in 2002 in the United States Court of Federal Claims. The proceeding combines the cases of 5,000 families with autistic children seeking compensation from the federal vaccine injury fund, which comes from a 75-cent tax on every dose of vaccine.

Read the full story here at the NY Times

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March 13, 2010

Chinese Drywall Case Gets Under Way in New Orleans

Tatum and Charlene Hernandez built their dream house in Mandeville in 2006, but their home has been their nightmare ever since they realized last year that it's filled with problem drywall from China.

The air-conditioning and other appliances keep failing. Charlene Hernandez, a labor and delivery nurse at Oschner, gets bad headaches she never used to have. Their children, Grant, 4, and Amelia, 2, seem prone to respiratory issues.

Read the full story here.

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March 11, 2010

Sacramento Jury Awards Over $24 M to Girl Run Over by Truck

An Oregon girl whose truck-driver father accidentally ran her over with his big rig has won $24.3 million in damages from the Portland company that a Sacramento judge found legally responsible for her injuries.

In a court-trial decision returned Dec. 14, Judge David W. Abbott said the firm that hired Simon Loza Mejia, Freeway Transport Inc., was liable for the girl's injuries.

"Defendant was listed on the shipper's bill of lading as the carrier," Abbott wrote. "Defendant insured the load. Defendant guaranteed delivery of the load."

Read full story here at the Sacramento Bee.

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March 10, 2010

L.A. Settles Accident Lawsuit for $7 M

The city of Los Angeles paid $7 million to settle a lawsuit brought by a volunteer for the Los Angeles Triathlon, who was left a paraplegic by an accident during the event in 2007, according to his attorney.

Steve Albala, who was 60 at the time of the accident, was on his motorcycle helping to officiate the bicycle portion of the triathlon. A traffic officer motioned for a vehicle to enter an intersection into the volunteer's path, causing the accident, Albala's attorney contended in the lawsuit.

Read the full story here at the LA Times.

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March 9, 2010

Family of Cyclist Killed in Accident Files $5 M Lawsuit

The family of a bicyclist killed last year in a collision with a truck in Baltimore has filed a $5 million wrongful-death lawsuit against the driver and his employer.

On Aug. 4, John R. "Jack" Yates, 67, was riding his bike behind a truck when he became caught in the vehicle's rear wheels and was run over as it turned right, police said at the time. Yates died at the scene.

The civil suit, filed in Baltimore Circuit Court on behalf of Yates' wife, son and daughter, alleges negligence by driver Michael Dale Chandler of Severn and his employer, Potts & Callahan Inc., a demolition, excavation and equipment rental company, and seeks compensatory damages.

Read full story here at the Baltimore Sun.

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March 8, 2010

Concerns Voiced Over ‘Metal on Metal’ Hip Implants

Some of the nation’s leading orthopedic surgeons have reduced or stopped use of a popular category of artificial hips amid concerns that the devices are causing severe tissue and bone damage in some patients, often requiring replacement surgery within a year or two.

In recent years, such devices, known as “metal on metal” implants, have been used in about one-third of the approximately 250,000 hip replacements performed annually in this country. They are used in conventional hip replacements and in a popular alternative procedure known as resurfacing.

The devices, whose ball-and-socket joints are made from metals like cobalt and chromium, became widely used in the belief that they would be more durable than previous types of implants.

Read full story here at the New York Times

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March 7, 2010

Tasers Under Investigation After Claims of Death and Injury

On October 7, 2006, Steven Butler, by his own admission, was drunk and disorderly. He refused an order from a police officer in his hometown to get off a city bus. The officer used his Taser ECD (officially, an "Electronic Control Device") three times.

According to doctors, Butler suffered immediate cardiac arrest. He was revived by emergency medical technicians who happened to be close by, but his attorneys say his brain was deprived of oxygen for as long as 18 minutes. He is now permanently disabled.

Read the full CNN story here.

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March 5, 2010

Family of Fort Worth Woman Killed in Crash Sues Bar That Served Officer

Family members of a Fort Worth woman killed in a December wreck involving an allegedly intoxicated off-duty Fort Worth police officer filed suit today against the Fort Worth bar at which the officer had been drinking.

At a news conference in Dallas today, the family's attorney said the family of Sonia Baker decided to sue The Pour House not as a quest for money, but to hold such establishments accountable for over-serving patrons and “placing profits ahead of safety.”

The lawsuit is filed under the state’s Dram Shop Act, which allows those who sell alcohol to an obviously intoxicated person to be held liable for resulting damages.

Read the full story here at the Fort Worth Star Telegram.

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March 4, 2010

Yaz, Yasmin and Ocella 1,100 Birth Control Lawsuits Filed

In an annual 2009 report released by Bayer, the number of contraceptive lawsuits over Yaz, Yasmin and Ocella has risen to about 1,100 filed cases, and that number will continue to increase as thousands of women are considering claims for serious injuries that have been caused by side effects of the birth control pills.

Included among the claims are five Yasmin and Yaz class action lawsuits; three filed in the United States and two filed in Canada, according to Bayer’s 2009 annual report released late last month.

Read the full Bayer 2009 Report here

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March 3, 2010

$14.7 M Settlement in Trampoline Lawsuit Against Chicago Board of Education

A Chicago man injured on a mini-trampoline when he was an eighth-grade student at a South Side elementary school 18 years ago has settled a lawsuit with the Chicago Board of Education and a private youth center for almost $14.7 million, his attorneys said Thursday.

Ryan Murray, who was 13 at the time, was injured in a tumbling class on Dec. 14, 1992, at what was then Bryn Mawr Elementary School, the attorneys said. Murray, now 30, became a quadriplegic after he hit his head as he did a flip off a mini-trampoline onto a mat in the school's gymnasium, the attorneys said.

Read full story here at the Chicago Tribune

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March 2, 2010

Fairfax VA Medical Malpractice Wrongful Death Case, Family Awarded $1.25 M

A Fairfax County jury has awarded nearly $3 million to the family of a man who died after his esophagus tore while he was swallowing a piece of steak, finding an Alexandria radiologist liable for misdiagnosing the man's condition as a hiatal hernia.

Large civil jury verdicts are rare in Fairfax, and Virginia's cap on medical malpractice judgments required the jury's award of $2,933,500 to be cut by more than half, to about $1.25 million.

Read full story at the Washington Post.

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March 1, 2010

Ala. Woman Awarded $9.45 M in Wyeth-Hormone Lawsuit

A Philadelphia jury yesterday ordered Pfizer Inc.'s Wyeth unit to pay $9.45 million to an Alabama woman who claimed that the company's hormone-replacement drug caused her breast cancer.

The Common Pleas Court jury awarded $3.25 million in compensatory damages and $6 million in punitive damages to Audrey Singleton, a retired school-bus driver from Chatom, Ala. The verdict also included $200,000 to Singleton's husband for loss of consortium.

Read full story here.

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February 28, 2010

N.J. Shopping Center to Pay $10.3 M in Premises Liability Suit

A N.J., man who suffered a head injury in a shopping center accident accepted $10.3 million to settle his suit.

On July 9, 2008, Michael Hess was leaning on a metal railing on an elevated walkway outside a store at Echo Plaza in Springfield when the railing gave way. He fell four feet to the pavement below, hitting his head. The railing had broken the day before, but the shopping center used wire to hold it together and did not post warning signs, says the plaintiffs attorney, Raymond Gill.

Hess suffered three fractured vertebrae, dislocated his left shoulder, and suffered nerve problems in his feet from walking on crutches.

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February 28, 2010

Plaintiffs in Personal Injury Suit Say Exxon ‘Reckless' With Worker Safety

Exxon Mobil Corp., showed “reckless and reprehensible” behavior by failing to protect workers from dangerous radioactive material in used oil-drilling pipes, a lawyer for 16 men told a Louisiana jury.

“Exxon recklessly put profits above workers' safety,” Frank Buck told jurors in Gretna, Louisiana, in his closing argument at the end of a five-week trial.

Buck told jurors they should award more than $17 million to a group of 16 pipe workers who sued Exxon, claiming they were exposed to high levels of radium in the residue, or “scale,” that built up inside the pipes and now fear they may develop cancer.

Read full story here at the Houston Chronicle.

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February 27, 2010

Judge: Lejeune Resident Can Move Ahead With Injury Claim

For what appears to be the first time, a former resident of Camp Lejeune, N.C., has been permitted to move ahead with a claim against the Marine Corps for years of water contamination that she says led to the development of her non-Hodgkin's lymphoma.

The U.S. Department of the Navy, which includes the Marines, this week lost its bid to dismiss the case of Laura J. Jones of Iowa, who lived at Camp Lejeune from 1980 to 1983 as the spouse of a Marine officer.

In 2005, more than two decades after she left North Carolina, Jones was diagnosed with non-Hodgkin's lymphoma.

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February 26, 2010

Toyota Owners Took Concerns to Dealership Before Fatal Southlake Crash

Monty and Linda Hardy had taken their 2008 Toyota Avalon to a Grapevine dealership "several times" with complaints about uncommanded acceleration but were told there was nothing wrong, their attorney says.

On the day after Christmas, Monty Hardy was driving the Toyota in Southlake when it sped through a T-intersection, barreled through a steel fence, struck a tree and landed upside down in an icy pond. He and all three passengers in the car were killed.

Read full story here at Dallas Morning News

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February 26, 2010

Glaxo Backs Avandia’s Safety Says That US Report Biased

GlaxoSmithKline Plc rejected allegations that it concealed safety information about its diabetes drug Avandia or acted inappropriately in marketing it, saying a U.S. Senate staff report was inaccurate and incomplete.

The company diligently studied the drug’s safety and effectiveness, and communicated its findings to governments, regulators, scientists and doctors, London-based Glaxo said in a statement.

Read the full Bloomberg story here.

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February 25, 2010

Woman Gets $23.4M for Personal Injury Ford Crash

A jury has awarded a woman $23.4 million in a civil judgment against Ford Motor Co. for a 2007 freeway accident that left her a quadriplegic.

Cynthia Castillo lost control of her 1997 Ford Explorer when the tread separated from her left-rear tire as she drove on the freeway.

Her attorney, Brian Brandt, said the SUV veered off the freeway and rolled three times down an embankment, leaving her legs and most of her body paralyzed. Flaws in the vehicle's design caused it to lose control when the tire tread separates, Brandt said.

Read full story here.

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February 23, 2010

FDA Faces More Pressure to Pull Avandia Diabetes Drug

The Food and Drug Administration, under fire from a new Senate report questioning the safety of GlaxoSmithKline PLC's diabetes drug Avandia, told doctors that patients taking the medicine should stay on it unless their doctors say otherwise.

Rep. Rosa DeLauro (D., Conn.), the chairwoman of the House appropriations panel that controls the FDA's budget, said: "I strongly urge the FDA to remove Avandia from the market until a truly independent, science-based advisory panel can evaluate the safety and effectiveness of the drug."

Read full article here at the Wall Street Journal.

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February 23, 2010

Texas Woman Dies After Walking Into Train in Dallas

A pedestrian wearing a hooded jacket has been killed by a commuter train in Dallas.

The woman walked into a Trinity Railway Express train, which links Dallas and Fort Worth and carries about 10,000 passengers daily, during afternoon rush hour Monday.

Read full story here at the Fort Worth Star Telegram

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February 22, 2010

Heart Attack and Heart Failure Side Effects of Avandia Diabetes Drug

Three years ago, Dr.Nissen, a cardiologist at the Cleveland Clinic, conducted a landmark study that suggested that the best-selling diabetes drug Avandia raised the risk of heart attacks. The study led to a Congressional inquiry, stringent safety warnings, a sharp drop in the drug’s sales of GlaxoSmithKline, Avandia’s maker.

The battle between Dr. Nissen and GlaxoSmithKline was waged from afar in news releases and published papers. But on May 10, 2007, 11 days before Dr. Nissen’s study was published in The New England Journal of Medicine, he and four company executives met face to face in a private meeting whose details have not been disclosed until now.

Read the full article here at the New York Times.

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February 21, 2010

Glaxo to Remove Zinc From Denture Cream

The maker of Poligrip denture cream will stop making formulas containing zinc amid lawsuits claiming years of excessive use caused neurological damage and blood problems in consumers, allegedly crippling some.

GlaxoSmithKline will stop making and marketing Super Poligrip Original, Ultra Fresh and Extra Care products in the U.S. The company plans to reformulate the creams without zinc.

Read the full story at the New York Times

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February 21, 2010

GlaxoSmithKline Knew of Avandia's Cardiac Risks, Senate Report Says

Confidential studies by Food and Drug Administration officials recommend that GlaxoSmithKline's Avandia, a diabetes medicine, get pulled from the market because it is linked to heart attacks.

The studies, released as part of a report on Avandia by staff of Senate Finance Committee members Chuck Grassley (R., Iowa) and Max Baucus (D., Mont.), also say any head-to-head trial where patients get Avandia and Takeda Pharmaceutical Co.'s diabetes medicine Actos would be "unethical and exploitative." GlaxoSmithKline is currently sponsoring a study, called TIDE, where patients get either Avandia, Actos or other medicines.

Read the full Wall Street Journal Story here

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February 20, 2010

FDA Report Avandia Diabetes Drug Harms Heart

Hundreds of people taking Avandia, a diabetes medicine, needlessly suffer heart attacks and heart failure each month, according to confidential government reports that recommend the drug be removed from the market.

The reports, obtained by The New York Times, say that if every diabetic now taking Avandia were instead given a similar pill named Actos, about 500 heart attacks and 300 cases of heart failure would be averted every month because Avandia can hurt the heart. Avandia, intended to treat Type 2 diabetes, is known as rosiglitazone and was linked to 304 deaths during the third quarter of 2009.

Read full New York Times dtory here.

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February 19, 2010

US Army Veterans Blame Burn Pits For Toxic Injury

A range of health problems are linked to the pits on military bases in Iraq and Afghanistan. Toxic substances have been found in the smoke.

The noxious smoke plumes that wafted over the military base in Balad, Iraq, alarmed Lt. Col. Michelle Franco. The stench from a huge burn pit clung to her clothing, skin and hair.

She wheezed and coughed constantly. When Franco returned to the U.S., she was diagnosed with reactive airway dysfunction syndrome. She is no longer able to serve as an Air Force nurse.

Read full story here at the Los Angeles Times

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February 18, 2010

Oregon Jury Finds for Plaintiff in First Pain Pump Verdict

The jury ordered pain pump manufacturer I-Flow Corp. to pay $4.5 million to a man whose implanted pump caused the cartilage in his shoulder joint to wear almost completely away, a condition known as chondrolysis.

In the first verdict of its kind, an Oregon jury has found for the plaintiff in a case against the manufacturer of a pain pump, awarding $4.5 million to a man for permanent damage to his shoulder joint. The verdict, which included damages paid to his wife for loss of consortium, comes in what many considered a test case for the defense. (Beale v. I-Flow Corp., No. 080101554 (Or., Multnomah Co. Dist. Jan. 22, 2010).)

Read full story here Trial

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February 18, 2010

U.S. to Probe Toyota Corolla Steering Reports

Toyota Motor Corp. and U.S. regulators are looking into possible steering problems in the company's popular Corolla compact, the latest quality issue to surface in the wake of two recalls that covered millions of vehicles and forced Toyota to halt U.S. sales of eight models.

The Corolla investigation could start as early as Thursday, said a U.S. Transportation Department official. The inquiry will cover about 500,000 model-year 2009 and 2010 Corollas, officials said.

The National Highway Traffic Safety Administration has received 163 complaints about the steering in Corollas from those model years, according to the safety agency's Web site.

Read the full Wall Street Journal Article here.

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February 17, 2010

U.S. Opens Probe into Toyota Recalls; Output Cut

U.S. regulators on Tuesday opened an investigation into whether Toyota Motor Corp acted in a timely way to recall cars for acceleration problems, and the automaker moved to slow its U.S. production to avoid a costly ballooning of inventories.

The National Highway Traffic Safety Administration said it had requested production data, consumer complaints and other documents expected to shed light on how and when Toyota learned of problems affecting about 6 million vehicles it has recalled in the United States.

Read full Reuters story here.

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February 16, 2010

Roche Ordered to Pay $25 M to Accutane User

Roche Holding AG, the Swiss drugmaker, must pay $25.16 million in damages to a former user of its Accutane drug who blamed the acne medicine for his inflammatory bowel disease, a New Jersey jury ruled.

Andrew McCarrell, 38, won the verdict at a retrial in Atlantic City, New Jersey. An appeals court ordered the new trial after overturning a $2.62 million award he won in May 2007. McCarrell, a computer technician from Birmingham, Alabama, testified he got sick after taking the drug for acne in 1995. He needed five surgeries, including one to remove his colon.

Read the full story here at Bloomberg.

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February 16, 2010

Families of Plane Crash Victims Must Put Value on Grief

A year after Continental Connection Flight 3407 plunged into a house near Buffalo, killing all 49 people on board and a man in the house, lawyers are preparing to negotiate in dollars and cents the price of raw grief and loss.

Thirty-four lawsuits filed by the husbands, wives and children of passengers demand compensation for negligence, wrongful death and punitive damages from Houston-based Continental Airlines and Colgan Air, the Manassas, Va., regional carrier operating the Feb. 12, 2009, flight. Also named are Colgan parent Pinnacle Airlines of Memphis, Tenn.; Montreal-based Bombardier Aerospace, which made the plane; and FlightSafety International, which helped train the pilots.

Click here to read full story.

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February 16, 2010

Roche Holding AG, the Swiss drugmaker, must pay $25.16 million in damages to a former user of its Accutane drug who blamed the acne medicine for his inflammatory bowel disease, a New Jersey jury ruled.

Andrew McCarrell, 38, won the verdict at a retrial in Atlantic City, New Jersey. An appeals court ordered the new trial after overturning a $2.62 million award he won in May 2007. McCarrell, a computer technician from Birmingham, Alabama, testified he got sick after taking the drug for acne in 1995. He needed five surgeries, including one to remove his colon.

Read the full Reuter story here.

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February 16, 2010

Toyota Acceleration Complaints Cite 34 Deaths, U.S. Data Show

Toyota Motor Corp. vehicles have been linked to 34 deaths by consumers filing complaints with the U.S. government over unexpected acceleration, according to the Transportation Department.

The total jumped by 13 fatalities since Jan. 27 as nine more filings were added to a database the department’s National Highway Traffic Safety Administration uses to track deaths, injuries and consumer complaints.

http://www.bloomberg.com/apps/news?pid=20601209&sid=aPso41xXZS60Read the full Bloomberg story here.

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February 15, 2010

WFAA: Wife of Southlake Texas Driver Who Died Slams Toyota

The wife of the driver of a 2008 Avalon that shot into a pond in Southlake and flipped, killing four people, said she believes quicker action by Toyota could have prevented the tragedy.

Linda Hardy's husband, Monty, was behind the wheel of his car that landed upside down in a small pond in Southlake.

Read full story here at WFAA

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February 15, 2010

More Medical Malpractice Problems Discovered at UCI Medical Center

Federal investigators found scores of problems at UC Irvine Medical Center during a fall inspection that again put the troubled hospital's Medicare funding at risk, according to report released Thursday.

In an 85-page report on their surprise October inspection, regulators said they observed poor oversight and mistakes by UCI doctors, nurses and pharmacists, leading to inadequate care that in some cases harmed patients.

Read full story here at the Los Angeles Times.

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February 15, 2010

Los Angeles Lap-Band Ads

Los Angeles is awash in billboards and other outdoor signs advertising the weight loss treatment.

One feature of life in Southern California that's become hard to avoid is the relentless advertising for a weight-loss procedure known as lap-band surgery.

The billboards feature a willowy blond in a red tank top and the phone number 1-800-GET-THIN in huge red letters. "LOSE WEIGHT WITH THE LAP-BAND!" they say.

Read the full story here in the Los Angeles Times

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February 14, 2010

Toyota Car Recall: Now Electronics Questions

The company vigorously denies that its vehicles' acceleration problems might stem from an electronic or software glitch. But it remains an open question, and any such finding would be devastating.

In the nearly five months since it launched a string of recalls to stop its cars from accelerating out of control, Toyota Motor Corp. has been adamant about one thing: It's not the electronics.

Company officials first put the blame on floor mats that could entrap the accelerator, later amending that to include gas pedals themselves that could stick.

Read the full story here at the Los Angeles Times

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February 14, 2010

Santa Cruz Family Sues Over Burns From Downed Powerlines

A teenager badly injured when he was shocked by a fallen power line near a state beach in late June has filed a lawsuit against the utility company that operates the wires.

Jacob Kirkendall, a 17-year-old Aptos High student with strong family ties in Los Gatos, names Pacific Gas & Electric Co., as well as the county of Santa Cruz and State Parks, as defendants in the suit.

Read full story here.

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February 13, 2010

Colorado Man's Crusade to Bring Attention to Defective Toyota Cars

A Colorado man has fought mostly unsuccessfully to get his concerns heard since his wife's Prius car accident in 2006.

Before his wife's Prius suddenly accelerated uncontrollably to 90 miles per hour on a mountain highway, you'd have been hard-pressed to find a bigger fan of Toyota than Ted James.

A middle-school science teacher and ardent environmentalist, James got a Prius for his wife, Elizabeth, and a Corolla for himself.

Read the full story here at the Los Angeles Times.

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February 13, 2010

Defective PVC Bursting Pipes Lead to a Legal Battle

State and local governments across the country may have to replace their water systems because of defective pipes, according to a whistle-blower lawsuit unsealed this week.

The whistle-blower, John Hendrix, accuses his former employer, one of the world’s largest pipe manufacturers, of falsifying test results about the quality of its products. Pipes that should last 50 years are in some cases rupturing in their very first year, according to Mr. Hendrix and some state documents. This can lead to explosions, leaks, fires and other dangers.

Read full New York Times story here.

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February 13, 2010

Ex NHTSA Regulators Hired by Toyota Helped Halt Investigations

Former regulators hired by Toyota Motor Corp. helped end at least four U.S. investigations of unintended acceleration by company vehicles in the last decade, warding off possible recalls, court and government records show.

Christopher Tinto, vice president of regulatory affairs in Toyota’s Washington office, and Christopher Santucci, who works for Tinto, helped persuade the National Highway Traffic Safety Administration to end probes including those of 2002-2003 Toyota Camrys and Solaras, court documents show. Both men joined Toyota directly from NHTSA, Tinto in 1994 and Santucci in 2003.

Read full Bloomberg story here.

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February 12, 2010

Toyota Units Named in Suit Claiming Racketeering

Four Toyota Motor Corp. units were named as defendants in a racketeering lawsuit that claims the companies collaborated to sell cars they knew were unsafe.

The lawsuit, filed Feb. 8 in federal court in Covington, Kentucky, targets Toyota Motor Engineering & Manufacturing North America Inc., as well units that produce Toyota’s Camry and Avalon models and handle leasing and engineering.

Read the full Bloomberg story here.

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February 12, 2010

Toyota Faces Massive Legal Liability From Defective Cars

Legal expenses and damages could add billions to Toyota's recall costs, with dozens of suits pending over injuries and deaths and at least 30 seeking class-action status over lost use of vehicles.

Toyota Motor Corp.'s massive recalls for acceleration and braking problems are creating a huge legal liability for the company -- and Toyota owners may share in the pain.

Toyota faces dozens of lawsuits over injuries and deaths attributed to safety problems, with many more suits expected. Lawyers and legal experts said the lawsuits could be particularly expensive for the automaker if plaintiffs prove that Toyota was aware of problems but failed to correct them.

Read full story here at the Los Angeles Times

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February 12, 2010

Boston Scientific Defibrillator Safety Questioned

Two defibrillator brands made by Boston Scientific Corp. have a design flaw that can result in the devices delivering potentially life-threatening shocks to the hearts of patients, authors of a medical journal article say.

The defect can cause the Cognis and Teligen brand defibrillators to deliver the shocks when they aren't needed in the many patients who get the devices implanted just under the skin, according to an article in the journal HeartRhythm. The potential malfunction, while appearing to be extremely rare, could in theory affect any of the more than 90,000 devices implanted, said the authors. They advised physicians to look for the problem should the devices malfunction.

Read the full story here at the Wall Street Journal

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February 12, 2010

Port Arthur Texas St. Mary's Found Negligent in ER Wrongful Death

A Jefferson County jury has found Christus St. Mary Hospital negligent in its treatment of a 41-year-old woman who died of a heart attack within hours of an emergency room visit.

In the verdict, filed Jan. 21, the jury found that the Port Arthur hospital along with Dr. Michael Peterson committed “willful or wanton negligence,” in their treatment of Stacy Meaux.

The jury awarded a combined $1.3 million in damages to Meaux; her mother, Mary Ann, Licatino; and her two children.

Limitations on the amount of money that can be awarded for mental anguish pain and medical malpractice will limit this to $250,000 per defendant.

Read the article here

February 11, 2010

Toyota to Fix Gas Pedals as Lawsuits Increase

Toyota said that its dealers are working overtime to fix sticking gas pedals on some 2.1 million recalled vehicles at a rate of 50,000 per day and have so far repaired 225,000 cars.

Toyota recalled 3.8 million vehicles last fall to repair what it called floor-mat "entrapment" of the gas pedal, and an additional 2.1 million cars last month to fix what it calls an unrelated sticky-gas-pedal problem.

Read the full story here at the Washington Post.

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February 11, 2010

Family of Crash Victim Sues Dixie Dance Hall for Serving Drinks to Driver

The parents and daughter of a man killed in a car crash have sued the bar that allegedly sold alcohol to the driver who was not only drunk, but also underage.

Michael Slay Chapman died on Nov. 27 when the vehicle in which he was riding was struck by a vehicle driven by Bo Pillsbury. Before the incident, the 19-year-old Pillsbury had been drinking at the Dixie Dance Hall in Beaumont's Crockett Street Entertainment District.

Chapman's parents, Wayne and Teresa Chapman, and his daughter, Zoe Jane Chapman, filed a lawsuit against Dixie Host Ltd. on Feb. 1 in Jefferson County District Court.

"Despite being obviously intoxicated and/or showing obvious signs of intoxication that a reasonable person, especially a provider of alcohol should recognize, employees of Defendant continued to serve Bo Pillsbury alcohol," the suit states.

"After drinking for an extended period of time at the Dixie Dance Hall, Bo Pillsbury was allowed to leave the premises and drive away. As he was driving in an intoxicated state, Bo Pillsbury lost control of his vehicle and struck a vehicle in which Michael Slay Chapman was a passenger."

Read the full story here.

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February 10, 2010

Breach of Warranty Claimed in Texas Class Action Against Toyota

A Texas attorney is moving at full speed with a proposed class action against Toyota over accidents allegedly caused by stuck gas pedals, even as the automaker announced it has a remedy to put the brakes on the problem.

Representing Corpus Christi residents Sylvia and Albert Pena III and others similarly situated, attorney Hilliard filed suit against Toyota Motor Corp. and Toyota Motor Sales USA Inc. The suit was filed Jan. 29 in the Corpus Christi Division of the Southern District of Texas.

"This is a civil action against defendants based upon information and belief that defendants, and each of them, designed, manufactured, distributed, and sold certain automobiles equipped with the Electronic Throttle Control System with Intelligence (ETCS-i) and/or Electronic Throttle Control System (ETC) that is defective in that it will allow sudden unintended acceleration of the vehicle engine," wrote Hilliard.

Read the full story here.

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February 9, 2010

Bayer Defends Safety of YAZ, Yasmin Contraceptives

Bayer Healthcare Corp. clearly stated its oral contraceptives Yasmin and Yaz contained possible side effects, the pills' maker said in response to lawsuits.

More than 50 women in Indianapolis have filed suit against the company, joining dozens of women nationwide who allege the birth control pills caused heart attacks, strokes, blood clots and other health problems, The Indianapolis Star reported Monday.

Read full story here.

February 9, 2010

Tyson Employee Files Slip and Fall Lawsuit at Carthage Texas Facility

As she walked toward the supervisor's office, Tyson Foods employee Gwendolyn Miles says she slipped on a wet floor and fell. Miles claims a leak in the roof caused the floor to become a hazardous condition.

Miles filed a personal injury lawsuit against Tyson Foods Inc. on Feb. 2 in the Marshall Division of the Eastern District of Texas, arguing the Tyson building was not a safe place to work and was in violation of the Texas Labor Code.

Read full story here at Southeast Texas Record

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February 9, 2010

Toyota Recalls 2010 Prius for Brake Problems

Toyota said that it would recall 437,000 of its 2010 Priuses and other hybrid models worldwide because of a glitch in the braking system. 155,000 are in the United States and another 53,000 in Europe.

Separately, Toyota also recalled 7,300 of its latest-model Camrys in the United States to fix a power steering pressure hose in the engine compartment that may be the incorrect length. This could cause a hole in the brake tube and deplete the braking fluid, interfering with braking.

Read the full New York Times story here.

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February 8, 2010

5 Dead in Connecticut Power Plant Blast

A power plant under construction in central Connecticut exploded with earthquake force that shook homes as workers purged natural gas lines in preparation for the plant to open this year. At least five people were killed and more than two dozen were injured as a section of the plant collapsed and burned.

Witnesses said the explosion at the Kleen Energy Systems plant in Middletown, 15 miles south of Hartford, occurred at 11:17 a.m. in a thundering convulsion of flames and smoke seen for miles around.

Read the full New York Times story here.

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February 8, 2010

Indiana Women sue Bayer over Yasmin pill

More than 50 women claim in lawsuits filed in Indianapolis that they suffered strokes, heart attacks or other serious health problems while taking the birth control pills Yasmin or Yaz, manufactured by Bayer Healthcare Corp.

Across the nation, dozens of lawsuits have been filed in the past few months by women claiming similar health problems after taking the pills.

Read full story here.

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February 7, 2010

Georgia Blakely Peanut Illness: Little Has Changed

A year after peanut butter crackers nearly killed him, Claude Ivester still has not fully recovered, and the food safety net remains largely unchanged.

The 74-year-old feels weaker than he did before he contracted salmonella food poisoning.
Ivester, lives in Elbert County in northeast Georgia, across the state from the plant in Blakely where the tainted peanut butter originated.

Read the full story here.

February 6, 2010

Toyota Preparing to Announce Prius Fix

Toyota has told dealers it's preparing a plan to repair the brakes on thousands of hybrid Prius cars in the U.S.

In a message sent last night to dealers, a Toyota group vice president, Bob Carter, said the company is working on a plan and will disclose more details early next week. More than 100 drivers of 2010 Prius cars have complained that their brakes seemed to fail momentarily when they were driving on bumpy roads. The U.S. government says the problem is suspected in four crashes and two minor injuries.

Read full story at the Los Angeles Times

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February 6, 2010

Toyota Grapples With Huge Car Recall

Faced with an unprecedented recall of millions of vehicles and rivals swooping in on its customers, the public relations machine at Toyota Motor Corp -- one of the most savvy brand-creators in Asia -- is floundering.

Toyota has consistently played down recurring complaints of unintended acceleration, breaking what PR experts said is the cardinal rule in crisis management: assume the worst.

Read full article here.

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February 5, 2010

More Crashes Adds toToyota’s Problems

The trip was one that Guadalupe Alberto had made many times before, just a few miles through her neighborhood to the small grocery store her family had owned for years.

It was a Saturday afternoon, April 2008, and Mrs. Alberto, a 77-year-old former autoworker, was driving her 2005 Toyota Camry. Within blocks of her home, witnesses told police, the car accelerated out of control, jumped a curb and flew through the air before crashing into a tree. Mrs. Alberto was killed instantly.

Read the rest of the NY Times article here.

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February 4, 2010

Toyota Investigates Brakes on All Hybrids After Problems With Prius

Toyota Motor Corp. said it knew previously about complaints related to the brakes of its Prius hybrid car and Thursday expanded a safety probe to all its hybrid models.

The Japanese auto maker said it found and corrected problems with its new 2010 Prius hybrid and said it did not try to "cover up" the glitch. But the disclosure and the expansion of its investigation to include such models as its Lexus HS250h and Sai luxury hybrid sedans comes amid intensifying government and public scrutiny of the world's No. 1 auto maker by vehicle sales.

Read the full story here at the Wall Street Journal.

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February 3, 2010

US Transport Secretary Comment Shakes Toyota

Transportation Secretary Ray LaHood advised owners of recalled vehicles to stop driving their cars, later characterizing the remark as a misstatement.

LaHood's explosive comment at a House of Representatives hearing fueled new confusion over how consumers should respond to a January recall of 2.4 million cars and trucks due to
faulty accelerator pedals.

Read breaking news here

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February 3, 2010

Update Southlake Toyota Wrongful Death Car Crash

News 8 has confirmed that a sticking accelerator is being investigated as one possible cause of a crash in Southlake in December that killed four people driving in a Toyota Avalon.

Recently, Toyota issued an extensive recall of close to 3 million vehicles for that very reason.

Read full story here.

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February 3, 2010

Houston Car Crash Leads to Lawsuit Against Toyota

The family of a Houston woman whose car smashed into a cement wall, killing her on impact, filed what is likely the third acceleration-related wrongful death lawsuit against Toyota in the nation.

Trina Harris, a 34-year-old mother of two, died on impact when her 2009 Toyota Corolla slammed into an East Hardy Toll Road cement divider, leaving no skid marks.

Her husband, filed a lawsuit against Toyota Motor Sales U.S.A., gas pedal maker CTS Corp. and Fred Haas Toyota World, which leased her the car.

Read the full story here.

February 3, 2010

Class Actions Against Toyota Over Gas Pedals Filed in New Orleans

In response to a nationwide recall of approximately 5.3 million Toyota vehicles for defective accelerator pedals, plaintiff's attorneys have filed three lawsuits in New Orleans asking Toyota to return profits it made from the sale of the vehicles.

The lawsuits state that the accelerator mechanism of the vehicles can become stuck in a depressed position and fail to return or return slowly to the idle position causing, "extreme, uncontrollable and inherently dangerous acceleration."

The Toyota models affected by the January recall include the 2009-2010 RAV4, 2009-2010 Corolla, 2009-2010 Matrix, 2009-2010 Pontiac Vibe, 2010 Highlander, 2007-2010 Tundra, 2008-2010 Sequoia and the 2007-2010 Camry.

Read the full story here.

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February 2, 2010

Toyota's Huge Problem: Product Liability Lawsuits

– Toyota Motor Corp is facing a growing number lawsuits from consumers who complain their vehicles suddenly accelerate or may do so, and want the world's largest automaker to pay for it.

Last week, Toyota stopped selling eight models in the United States and Canada, including its popular Camry and Corolla, because of possible unintended acceleration.

Some 8 million vehicles are up for repair worldwide over problems including alleged faulty accelerator pedals made by the supplier CTS Corp, and the possibility that floor mats could jam the accelerator pedal.

Read the full story here Yahoo.com

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February 1, 2010

Pfizer Update: 93% Cut in Prempro Punitive-Damages

Pfizer Inc. persuaded a Pennsylvania state court judge to slash by 93 percent a $75 million punitive-damages award to a woman who blamed the company’s menopause drugs for her breast cancer.

Judge Ackerman in Philadelphia reduced the award to Connie Barton to $5.6 million after finding it was excessive. Jurors also awarded Barton $3.7 million in compensatory damages in her lawsuit against Pfizer’s Wyeth unit over the hormone- replacement drug Prempro. Ackerman left that award undisturbed in his post-trial ruling, according to court docket entries.

Read the Bloomberg story here.

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January 31, 2010

Fort Worth Car Accident Attorney: Toyota’s Slow Awakening to a Deadly Problem

The 911 call came at 6:35 p.m. on Aug. 28 from a car that was speeding out of control on Highway 125 near San Diego.

The caller, a male voice, was panic-stricken: “We’re in a Lexus ... we’re going north on 125 and our accelerator is stuck ... we’re in trouble ... there’s no brakes ... we’re approaching the intersection ... hold on ... hold on and pray ... pray ...”

The call ended with the sound of a crash.

Read the full story here.

January 30, 2010

Allergan Trial Will Focus on Botox's Safety in Cerebral Palsy Treatments

The family of Kristen Spears alleges an overdose of the drug manufactured by Irvine-based Allergan Inc. killed her at age 7.

Spears started getting Botox injections at the age of 6 -- not to smooth furrows in her brow, but to calm spasms in her legs.

The girl was born with severe cerebral palsy, and Botox, best known as a face-lift-in-a-syringe, can relax contorted muscles and sometimes help young patients walk without surgery.

Read full story here.

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January 29, 2010

Dental Malpractice: Drill Bit Left in Maxillary Sinus

Donna Delgado just wasn't healing properly after dental surgery.

There was too much bleeding, too much pain. Her head hurt. She was dizzy. She had nosebleeds and sinus infections.

Lodged in Delgado's right maxillary sinus, the drill bit burr made the 35-year-old woman miserable for nearly a year as she held down a job and cared for her children, according to her lawsuit.

Read the full story here.

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January 28, 2010

Kimberly-Clark Unit Must Pay $4.75 M in Product Lawsuit

A Multnomah County jury ordered a medical-device company to pay $4.75 million to a Portland, Oregon, man and his wife in a product-liability lawsuit that may have national implications, according to a report in The Oregonian.

The jury found I-Flow Corp. liable for destroying the cartilage in Matthew Beale's right shoulder and leaving the 38-year-old father of four with constant pain and a disabled arm, the newspaper reported.

Continue reading "Kimberly-Clark Unit Must Pay $4.75 M in Product Lawsuit" »

January 27, 2010

Heart Patients Warned Against Using Meridia, an Anti-Obesity Drug

European and American drug regulators had two starkly different reactions this week to data on an obesity drug. The raw data from the study indicated that people with certain health problems who took the prescription diet drug Meridia had more heart attacks, strokes and other cardiovascular problems than people getting a placebo.

Continue reading "Heart Patients Warned Against Using Meridia, an Anti-Obesity Drug " »

January 26, 2010

RI Meat Company Recalling 1.2M Pounds of Salami

A Rhode Island meat company recalled 1.24 million pounds of pepper-coated salami, after officials conducting a months-long, multistate investigation of a salmonella outbreak compared shopping receipts of those who got sick.

The recall by Daniele International Inc. comes amid an outbreak that's sickened 184 people in 38 states since July.

Daniele has been identified as the source of the ongoing outbreak by William Keene, a senior epidemiologist at the public health division in Oregon, where eight people have gotten sick.

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January 25, 2010

Pediatrician Accused of Sexual Abuse and Medical Malpractice

Parents of a victim of an accused pedophile pediatrician in Lewes, Delaware have sued the doctor and Beebe Medical Center, where he worked.

The suit, filed in New Castle County, accuses Dr. Earl B. Bradley of sexually abusing a child twice in his office on Dec. 3 and Dec. 14, and charges that Beebe failed for years to report concerns about the pediatrician's conduct.

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January 24, 2010

Big Tobacco Strategy Scares Off Potential Plaintiffs

Florida smokers who lose personal-injury suits against tobacco companies could be on the hook for the opposition's attorney fees under a settlement strategy being pursued by cigarette makers.

Tobacco companies have been offering the state's 8,000 smoker plaintiffs minuscule amounts of money -- typically $500 to $2,500 -- to settle wrongful death and negligence cases potentially worth millions of dollars. The catch: Florida law says plaintiffs who obtain a significantly smaller judgment than a rejected settlement offer must pay the other side's attorney fees.

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January 23, 2010

Yaz MDL Lawsuit: Dallas Texas Yaz Attorney

Bayer Healthcare Pharmaceuticals has significant product liability claims over its oral contraceptive Yaz and its alleged dangerous side effects.

Yaz, Yasmin, and the generic version Ocella have all come under attack for their overstated benefits and minimized risks. Experts predict that more than 25,000 cases could eventually be filed by women alleging dangerous side effects from using the prescription contraceptive.

Read the latest minutes from the Southern Illinois MDL court.
Download file

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January 23, 2010

Lawsuits Claim Chantix led to Attempted Suicide and Death

Three personal injury lawsuits were filed against Pfizer Inc last week, claiming its smoking cessation drug Chantix caused attempted suicides and death.

The lawsuits, filed in New York State Supreme Court in Manhattan, claim that at the time the plaintiffs took Chantix, Pfizer did not tell doctors and patients about dangers it allegedly knew were related to the drug, including depression and thoughts of suicide.

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January 22, 2010

Pa. Court Revives Plaintiff Verdict in Hormone-Replacement Case

In Pennsylvania's first precedent-setting decision regarding hormone replacement therapy mass tort litigation, the Superior Court has revived a plaintiff's lawsuit by finding that the plaintiff was entitled to an exception to the two-year statute of limitations because she couldn't have reasonably known of an alleged link between her breast cancer and HRT drugs before the publication of a widely publicized study.

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January 21, 2010

Wrongful Death Lawsuits Filed Over Boy's Death in Septic Tank

A law firm representing the estate of a boy who drowned in a Kalispell MT septic tank has filed suit against developers, engineers and a small-town water and sewer district, charging negligence in the accidental death of 3-year-old Loic Rogers.

The companies that manufactured the tank and its lid were named in previous suits, and attorneys said an earlier complaint was made against the homeowner.

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January 20, 2010

Baxter Faces New Lawsuits Over Tainted Heparin

Baxter International Inc., which recalled its blood thinner heparin amid reports of allergic reactions and deaths in 2008, faces at least 30 lawsuits in Chicago by injured people or their estates.

As many as 300 product-liability complaints may be filed in the Illinois state court, according to plaintiffs’ attorney Allen Schwartz. His law firm and two others are working to comply with a judge’s order last year to convert an aggregate lawsuit to individual claims against the Deerfield, Illinois-based company.

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January 19, 2010

Baxter Faces Dozens of New Suits Over Tainted Heparin

- Baxter International Inc., which recalled its blood thinner heparin amid reports of allergic reactions and deaths in 2008, faces at least 30 lawsuits in Chicago by injured people or their estates.

As many as 300 product-liability complaints may be filed in the Illinois state court, according to plaintiffs’ attorney Allen Schwartz of Kralovec, Jambois & Schwartz.

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January 18, 2010

Katrina Negligence Lawsuit Has Implications for all Hospitals

Once the power blinked out, Althea LaCoste's lungs were on their own.

She struggled to breathe without the help of a respirator, and even a team of nurses hand-bagging air into her ailing lungs couldn't save her, according to court documents. LaCoste, 73, died before she could be evacuated from Pendleton Memorial Methodist Hospital in the chaotic days after Hurricane Katrina.

LaCoste's death 4½ years ago is at the center of a civil lawsuit being heard here that could have far-reaching implications for hospitals across the country. The lawsuit against Methodist Hospital is the first civil suit alleging negligence of a hospital staff in Katrina's aftermath.

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January 17, 2010

Athlete Who Lost Legs Files Medical Malpractice Lawsuit Against Hospitals and Doctors

A student athlete and his parents are suing his doctors and hospitals nearly a year after a flesh-eating bacteria led to the amputation of his legs.

Steven Haxton, 19, and his parents have filed medical-negligence lawsuits against doctors for Ohio Health Corp., Riverside Methodist Hospital and Ohio State University Medical Center in the Ohio Court of Claims and Franklin County Common Pleas Court.

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January 16, 2010

New Accutane Trial to Begin in New Jersey

The maker of a popular treatment for severe acne will get a new trial, 10 months after the New Jersey Appellate Division struck down a $2.6 million verdict against it.

Hoffman-LaRoche, Inc., maker of Accutane, is alleged to have caused inflammatory bowel disease in some of the drug's users in a multi-district litigation proceeding in Atlantic County Superior Court. Andrew McCarrell was awarded $2.6 million in his lawsuit in 2007.

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January 15, 2010

Byetta Lawsuit Update Dallas Texas Attorney

Byetta (exenatide) is a type 2 diabetes drug that is used to control blood sugar levels. It is part of a class of medications known as incretin mimetics, which imitate natural hormones that lower blood glucose levels. Last month, the FDA expanded the use of Byetta to a stand-alone diabetes treatment, but insisted that warnings about the risk of pancreatitis from Byetta be added to the label and will require additional studies.

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January 15, 2010

Yaz Side Effect Gallbladder MDL and Lawsuits

What happens to women after they get a cholecystectomy for gallstones after taking Yaz?

Bile is an important part of digesting fats, and following Yaz gallbladder removal surgery, problems can occur such as bloating and diarrhea. Bile is still produced by the liver, but now bile is continuously released in into the intestine. Problems can occur when eating a meal that is high in fat content since there may not be enough bile in the intestine to adequately handle the normal absorption process.

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January 15, 2010

Fed Appeals Court Sends Ark Prempro Cases Back to Minn

A federal appeals court reinstated more than 100 lawsuits against drug companies filed by women or their surviving relatives who claimed that hormone replacement therapy caused breast cancer.

The 8th U.S. Circuit Court of Appeals in St. Louis overturned a 2008 district court ruling that had blocked almost all of the suits from being sent back to state court in Minnesota and dismissed most of the lawsuits that were being heard in Little Rock.

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January 14, 2010

FDA Calls Byetta Claims Misleading Dallas Byetta Attorney

The FDA has warned Amylin Pharmaceuticals that they have made false and misleading statements about the diabetes drug Byetta.

The FDA letter was sent to Amylin Pharmaceuticals, alerting the company that federal regulators were aware of statements made by representatives that provided misleading or false information about the benefits of their product.

Download the FDA Warning Letter here.
Download file

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January 14, 2010

Amgen’s, J&J’s Anemia Drugs Face FDA Advisory Review on Dose

Amgen Inc. and Johnson & Johnson face a review of their top-selling anemia drugs by an advisory panel for the U.S. Food and Drug Administration.

The FDA will ask its advisers to evaluate whether lower doses would avoid increased risks of blood clots and heart attacks in patients with chronic kidney disease. The panel was announced in a New England Journal of Medicine commentary.

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January 14, 2010

MA Lawsuit Claims HP was Negligent in Laptop Fire

For John Norrie, the recall of his HP Pavilion Notebook computer came too late.

The laptop allegedly overheated, causing a fire that ripped through Norrie’s Plymouth MA home in November 2006 while he was sleeping. The house was destroyed and Norrie suffered serious injuries in the process of escaping.

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January 13, 2010

FDA Advisory Panel to Re-evaluate Amgen, J&J Anemia Drugs.

The Food and Drug Administration said Wednesday that it would review of the safety of the widely used anemia drugs sold by Amgen and Johnson & Johnson after another clinical trial suggested that high doses of one of the drugs might cause strokes.

Continue reading "FDA Advisory Panel to Re-evaluate Amgen, J&J Anemia Drugs." »

January 13, 2010

Do You Have a Texas Yaz Birth Control Claim?

YAZ is the Bayer Health Care brand name for the combination of drospirenone and ethinyl estradiol.

Each monthly prescription contains 24 active pills and 4 inactive pills. YAZ was widely prescribed for regulating menstrual periods, minimizing premenstrual syndrome (PMS), treating premenstrual dysphoric disorder (PMDD), preventing pregnancy, decreasing irritability and moodiness,and curing mild to moderate acne.

Very little information was available to the public regarding serious side effects until recently and YAZ quickly became the most prescribed oral contraceptive in the United States.

Continue reading "Do You Have a Texas Yaz Birth Control Claim?" »

January 12, 2010

Dallas Texas Yaz Gallbladder Disease

In 2006, Yaz was approved by the FDA as treatment for premenstrual dysphoric disorder (PMDD). It was the first birth control pill to gain such approval and women sufferers of severe PMS looked forward to relief from symptoms that affected their overall enjoyment of life.

About 5% of women suffer from premenstrual dysphoric disorder (PMDD), These women suffer from depression and anxiety. Yaz apparently relieves much of this and has been very popular since its introduction.

Then reports began to surface about the side effects...

Continue reading "Dallas Texas Yaz Gallbladder Disease" »

January 11, 2010

How Many Texas Yaz Injury Lawsuits Cases Are Out There?a

Several thousand lawsuits could be filed across the United States for serious and deadly injuries allegedly caused by the contraceptive Yaz and related drugs. These lawsuits are consolidated in Southern Illinois federal court, in East St Louis.

U.S. District Chief Judge David Herndon has the task of presiding over the lawsuits against Bayer Corp. The cases allege that the birth-control pills Yaz, Yasmin, and Ocella cause women to suffer increased risks of heart attack, stroke, blood clots, deep vein thrombosis, pulmonary embolism, gallbladder disease, among other life-threatening complications.

Read the full story here.
Get the Tweet here.

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January 11, 2010

Soldiers Fight in the Courts Over Liability in War Zones

A recent lawsuit brought by a group of Indiana National Guardsman spotlights a controversial legal doctrine that prevents soldiers on active duty from seeking compensation for injuries sustained in war zones.

The guardsman allege that a mission to help clean up a water treatment plant in southern Iraq left them with what they say are potentially fatal illnesses.

Read full Wall St Journal Article here.

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January 10, 2010

Woman struck by Metrobus Suing Agency

A congressional staffer who was hit and critically injured by a Metrobus near Dupont Circle in September is suing the transit agency for $30 million, claiming that Metro should have taken the driver off the road long before the crash.

In a lawsuit filed in U.S. District Court, Amanda Mahnke claims that Metro was negligent in allowing the driver, who had a history of accidents, to continue in her job.

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January 9, 2010

Palo Alto Settles Cell Phone Crash Lawsuit for $1.5 M

Palo Alto has agreed to pay nearly $1.5 million to the victim of a 2006 vehicle crash involving a city worker who was using his cell phone while driving.

Silvio Obregon had asked the city for more than $5 million after the rear-end crash on Oregon Expressway left him with debilitating spinal injuries, according to court documents. He alleged that city worker Rubin Salas ran into him at a red light because he was reaching for his cell phone rather than watching the road.

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January 8, 2010

King County WA Pays $7 M to Woman hit by Metro van

King County WA has agreed to pay $7 million to settle a lawsuit filed by a woman severely injured when a Metro Transit supervisor's van struck her while she was riding a Vespa scooter to work.

A portion of the settlement cost may be paid by Seattle under a separate indemnification agreement, but no information was immediately available about the terms of the agreement. Seattle was also named as a defendant after King County claimed the Capitol Hill intersection where the accident occurred was unsafe.

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January 7, 2010

Judge Approves Settlement for RI Station Fire Victims

A federal judge approved settlements earmarked for more than 300 victims of the RI 2003 Station nightclub fire and the mechanism through which payments will be made.

The action taken by U.S. District Court Judge Lagueux makes it likely now that the victims of the fourth-deadliest nightclub fire in U.S. history will get money from a $176-million settlement fund in a matter of months.

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January 6, 2010

Jury Awards $9.5M in Slip-and-Fall on Ship

A British fitness instructor who alleged he was injured when he slipped and fell on a wet floor at a cruise ship spa, was awarded $9.5 million by a Miami-Dade Circuit Court jury.

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January 5, 2010

Federal Court Limits the Use of Tasers

In a case that could set the first broad judicial standards for the use of Tasers, a federal appeals court in California has ruled that the police can be held liable for using one of the devices against an unarmed person during a traffic stop.

The United States Court of Appeals for the Ninth Circuit, based in San Francisco, said the electrically disabling device constituted excessive force when used against an unarmed man who did not pose a threat, and it refused to allow a police officer immunity for its use.

Read the pdf opinion here.

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January 4, 2010

VA Woman Sues Pfizer Drug Company Over Breast Cancer

Tina Griffin says she was never really sick a day in her life, at least not until 2002.

While on a weekend vacation with friends, the Manassas Park resident found a lump in her right breast during her shower. She had been taking Premarin and Prempro, two hormone therapy drugs that have been under scrutiny for potentially causing breast cancer.

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January 3, 2010

Patient's Fall at Mental Hospital Costs Pierce County $1.3 M

Pierce County WA has agreed to pay $1.3 million to settle a lawsuit involving a mentally disturbed patient who escaped out of a window of a county-owned mental hospital in 2004 and hurt himself jumping onto a concrete fire-escape landing.

According to documents in the case, which was settled Dec. 23 in Pierce County Superior Court, Jeffery Fontinel had been involuntarily committed to the now-closed Puget Sound Hospital in Tacoma.

Fontinel, 27, was in a manic state, court documents say, and was being held in a “seclusion room” on the hospital’s fifth floor.

Continue reading "Patient's Fall at Mental Hospital Costs Pierce County $1.3 M" »

January 1, 2010

N.J. Appeals Court Reverses $260K Wrongful Death Judgment

Fairleigh Dickinson University is not liable for the death of a junior who fell from a fourth-floor dorm window in 2005 after a night of heavy drinking, and won’t have to pay his parents a prior jury award of $260,000, a state appeals court has ruled.

An appellate decision reversed a Morris County jury verdict last year that found the college and student, Keith Orzech, 21, were equally responsible for his death in 2005. Instead, a three-judge panel ruled the university in Madison-Florham Park has immunity from liability under state law.

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December 31, 2009

WI Supreme Court Rules Against Dog Sitter

The Wisconsin Supreme Court ruled against a homeowner who was allowing an acquaintance with two dogs to move in.

One of the dogs bit a passerby and the court said the homeowner can be held legally responsible for the injuries, even though she was not the dog's owner. The decision upholds a ruling by the District 2 Court of Appeals.

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December 30, 2009

Dallas Texas Yasmin Yaz MDL Litigation Gaining Momentum

Federal judge Herndon, who is presiding over the consolidated MDL litigation over Yaz and Yasmin birth control product liability cases, indicated that both sides in the case are working to move the litigation at a fast pace, which is keeping with the Court’s desire for the cases to “move along efficiently and effectively.”

In September, the U.S. Judicial Panel on Multidistrict Litigation ordered that all federal court Yaz litigation and Yasmin litigation, involving claims that the popular birth control pills increase the risk of blood clots and other injuries, be consolidated and coordinated for pretrial litigation in the U.S. District Court for the Southern District of Illinois as part of an MDL, or multidistrict litigation.

Read all of the orders and progress of the MDL cases here.

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December 29, 2009

Toyota did not Disclose Potential Safety Problems

A Times investigation shows the world's largest automaker has delayed recalls and attempted to blame human error in cases where owners claimed vehicle defects.

During a routine test on its Sienna minivan in April 2003, Toyota Motor Corp. engineers discovered that a plastic panel could come loose and cause the gas pedal to stick, potentially making the vehicle accelerate out of control.

The automaker redesigned the part and by that June every 2004 model year Sienna off the assembly line came with the new panel. Toyota did not notify tens of thousands of people who had already bought vans with the old panel.

Read the full story here.

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December 28, 2009

Rite Aid Sued for Medical Malpractice Prescription Drug Error

The family of a Troy MI man has sued Rite Aid, alleging an error at a Troy pharmacy led to his premature and wrongful death, according to their attorney.

The suit, filed in Wayne County Circuit Court, alleges that Rite Aid pharmacists were negligent when they issued a lethal dose of a chemotherapy drug to John Sheridan, who developed malignant melanoma that had spread to his brain in 2007.

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December 27, 2009

FDA Says 'Unlikely' That Vytorin, Zetia Increase Cancer Risk

The U.S. Food and Drug Administration said it's "unlikely" Merck & Co.'s cholesterol drugs Vytorin and Zetia increase the risk of cancer or cancer-related death.

Still, the FDA said it can't "definitively" rule out that the drugs may be associated with increased cancer risk.

"Based on the currently available information, FDA believes it is unlikely that Vytorin or Zetia increase the risk of cancer or cancer-related death, but at this time an association cannot be definitively ruled out," the agency said in a posting on its Web site.

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December 26, 2009

Pfizer Jury Said to Set Prempro Punitive Damages at $8 M

Jurors said in 2007 that a Pfizer Inc. unit should pay more than $8 million in punitive damages to a woman who blamed the company’s menopause drugs for her breast cancer.

A Philadelphia jury in January 2007 awarded Mary Daniel compensatory damages of $1.5 million in her lawsuit against Pfizer’s Wyeth subsidiary over its Prempro menopause treatment. The panel recommended she get more than $8 million in punitive damages if an appeals court found she was entitled to such an award because of bad conduct by the company.

Read the full Bloomberg report here.

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December 24, 2009

Texas Fails in Efforts to Improve Car Accidents at Work Zones

By the time Bryan Lee headed to work along Highway 51 in Texas on Sept. 15, 2005, the road-building industry and its government overseers were painfully aware of a deadly, though easily corrected, construction hazard: pavement-edge drop-offs.

Accidents involving dangerous drop-offs kill about 160 people and injure 11,000 each year. Numerous studies have shown that the steeper the drop-off, the greater the danger.

In Texas in 2002, seven people were killed when a car slipped off a sharp edge of roadway and onto the shoulder, causing the driver to overcorrect into the path of a minivan. Four years before, six people died in a succession of accidents in another Texas work zone, where contractors had failed to smooth out the edge of a newly paved lane.

Read full New York Times story here.

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December 23, 2009

Columbia MO University Hospital Settles Medical Malpractice Lawsuit

University Hospital doctors have settled a medical malpractice lawsuit filed by a Lake of the Ozarks couple for $2.5 million.

Susan Martin, now 49, was treated at University Hospital in early 2005 for dehydration, which was the result of a gastrointestinal-related condition, her attorney, Morry Cole, said.

The lawsuit claims doctors infused her with nutritional supplements through an IV in her subclavian artery, just below the collarbone, instead of the subclavian vein, where it was supposed to go. According to the lawsuit, that erroneous placement caused fatty blockages to travel to her brain for five consecutive days, “causing severe and debilitating strokes and neurological and cognitive devastation.”

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December 21, 2009

Medical Malpractice Law Suit says Surgeons Left Gauze Behind

A piece of gauze left behind in a patient after surgery required a follow-up procedure to remove it -- and led to a lawsuit against Staten Island University Hospital and two doctors.

Adding insult to injury, Rossville resident Margaret Palombo contends she only learned through medical records obtained earlier this year -- more than eight years after the initial operation was performed -- that the material had been left in her abdomen.

Continue reading "Medical Malpractice Law Suit says Surgeons Left Gauze Behind" »

December 20, 2009

Miami Beach Wrongful Death Drowning Victim Gets $5M

The family of a New York jazz musician who drowned trying to save a rabbi's wife in treacherous riptides off Miami Beach has won $5 million in damages in a decade-old case that had raised serious liability issues for seaside communities that don't provide lifeguards at public beaches.

U.S. District Judge Gold ordered Delaware-based Monticello Insurance Co. to pay damages to the wife of Zachary Breaux. The insurance carrier had refused to pay, even though the family's lawyer and the city of Miami Beach had negotiated a settlement.

Gold also ordered the insurance company to pay $750,000 in damages to the husband of a New York school secretary, Eugenie Poleyeff, whom Breaux tried to save during a midwinter vacation in 1997. The city also negotiated that settlement, but the insurer had refused to pay.

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December 18, 2009

Prempro Litigation and Menopause

American women in the 1990s were told they could help their bodies ward off major illness by taking menopausal hormone drugs. Some medical associations said so. Many gynecologists and physicians said so. Respected medical journals said so, too.

Along the way, television commercials positioned hormone drugs as treatments for more than hot flashes and night sweats — just two of the better-known symptoms of menopause, which is technically defined as commencing one year after a woman’s last menstrual cycle.

One commercial about estrogen loss by the drug maker Wyeth discussed research into connections between menopause and heart disease, Alzheimer’s disease and blindness.

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December 17, 2009

Santa Rosa Winery to pay $3 M to Teen Injured in DUI

A Santa Rosa winery has agreed to pay $3 million to settle a lawsuit brought by a Sebastopol man who was permanently disabled in an alcohol-related car crash in 2006.

Paradise Ridge Winery was sued by Joshua Apodaca, the passenger in a car driven by a 19-year-old classmate, Sean Bradley, who allegedly was served beer at a wedding reception hosted by the winery.

A crash early the next morning left Apodaca with a serious brain injury and his family sought damages from Paradise Ridge, Bradley and the owners of a Sebastopol 7-Eleven store where Bradley bought additional alcohol.

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December 16, 2009

Glaxo Said to Have Paid $1 Billion in Paxil Suits

GlaxoSmithKline Plc has paid almost $1 billion to resolve lawsuits over Paxil since it introduced the antidepressant in 1993, including about $390 million for suicides or attempted suicides said to be linked to the drug, according to court records and people familiar with the cases.

As part of the total, Glaxo, so far has paid $200 million to settle Paxil addiction and birth-defect cases and $400 million to end antitrust, fraud and design claims, according to the people and court records.

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December 13, 2009

Columbia City Reaches Settlement With Man Injured by Taser

The city has agreed to pay $300,000 to a man who was critically injured in July 2008 after being shocked with a Taser by Columbia police.

As part of a settlement agreement finalized last month, the city will pay $233,544.63 to Phillip Lee McDuffy and $66,455.37 to the Family Support Payment Center to cover McDuffy’s overdue child support payments, according to Sarah Perry, the city's risk manager.

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December 13, 2009

Dallas Fort Worth Texas Slip and Fall Premises Liability Attorney

Premises liability cases cover a wide range of situations in which people are injured or suffer a wrongful death on a commercial or residential property. Slip and fall injuries such as back, hip or spine injuries when a customer slips on a wet floor that lacks signage to warn customers of slippery conditions at a store, club, salon, restaurant, etc.

Trip and fall injuries such as bone fractures when a hotel guest trips on cleaning supplies left in a hallway or a rug that is frayed or bunched up in front of a door.

Dog bites from a dog that is not adequately restrained on its owner’s property.

Head and body injuries by falling merchandise at a warehouse or store.

Suffering a bodily injury from a malfunctioning elevator or a door with a broken closing device.

Being sexually assaulted because a hotel did not provide adequate security.

Dram Shop liability because a restaurant or Bar served its customer drinks until he was intoxicated and then the customer drove and injured a person.

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December 12, 2009

Daughter Awarded $3 M After Death of Mom Who Had Do-Not-Resuscitate Order

Janie Vinson was apparently so ill with chronic obstructive pulmonary disease that the 79-year-old woman's family told the medical staff at Albany, Ga.'s Phoebe Putney Memorial Hospital not to try to cure her, but to simply keep her comfortable until she died.

A Dougherty County jury awarded her daughter $3 million for medical malpractice claims resulting from Vinson's death in March 2002 after she was given what a plaintiff's expert said was too much morphine too quickly.

Vinson had been in the hospital for more than a week when she suffered respiratory arrest on March 18, 2002. Vinson had stopped breathing by the time a nurse arrived to her room. The nurse called a "code" and the emergency pulmonary team, led by Dr. Thomas Ungarino, responded, but by the time they arrived, Vinson was breathing again.

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December 10, 2009

Florida Man Paralyzed in Motor Veicle Accident Awarded $44.9 M

A Lee County jury awarded $44.9 million to a Cape Coral man who was paralyzed in a 2006 motor vehicle accident.

The verdict, one of the largest in the county’s history, was awarded to Gerald Aloia. Aloia was riding on his motorcycle on Oct. 22, 2006, when he was struck by a Chevrolet Corvette driven by Deborah Veilleux. Veilleux, 45 at the time, died in 2007.

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December 8, 2009

Man Hurt by Falling Tree Limb in NY Central Park

A 33-year-old man who suffered brain and spinal injuries in July when a heavy limb fell from a tree in Central Park and struck him has sued the city and the Central Park Conservancy for negligence.

The man, Mr. Goldensohn, a computer scientist who works for Google, remains hospitalized from his injuries and has undergone several operations, said his lawyer, Nicholas Papain.

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December 7, 2009

Fort Worth Texas Yaz Yasmin Birth Control Lawsuit Update

After 13 hours of intensifying pain, two trips to the emergency room and two CT scans, doctors finally found what was ailing Lottie Green.

In her left lung, the pulmonologist told her, was the largest blood clot they had ever seen and there were others in her right lung as well, she said.

Soon after the 41-year-old Bethesda, Md., resident was released from a hospital last month, Ms. Green joined hundreds of other women in lawsuits against Germany's Bayer AG, the maker of the popular oral contraceptive Yaz.

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December 6, 2009

FDA Review Says MRI Imaging Drugs That Contain Gadolinium Riskier for Kidney Patients

The U.S. Food & Drug Administration is weighing further regulation of three drugs used to create high-contrast images on MRI scans, based on a new analysis that suggests they carry a higher risk of causing a rare, but potentially fatal disease.

The issue, marks a setback for GE Healthcare (GE), which contends that its product is no riskier than competing imaging drugs. FDA reviewers said GE's drug, Omniscan, had a disproportionately high number of reports of the disease compared with its peers.

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December 5, 2009

Public Citizen Asks FDA to Ban Weight Loss Pill

A consumer advocacy group is petitioning the government to ban the weight loss pill Meridia because a recent study suggests it increases risk of heart attack, stroke and death.

A letter Thursday from Public Citizen calls on the Food and Drug Administration to pull Abbott Laboratories' drug from the U.S. market, where it is used by roughly a quarter million people.

Preliminary results from a 10,000-patient study — known as the SCOUT study — showed a slightly higher risk of heart-related problems in patients taking Meridia, also called sibutramine, compared with a dummy pill. Patients in the study were older than 55, overweight with a history of heart disease or diabetes.

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December 4, 2009

Asbestos Mesothelioma Payout System is Being Questioned

Once upon a time, asbestos was practically everywhere. Because the material causes devastating forms of cancer and lung disease, huge product-liability litigation sprung up. That led to huge settlements, which led to the establishment of huge trusts, created to assure payment to millions of current and future claimants.

Some $20 billion now resides in these 40 or so trusts, set up by Johns Manville Corp., Owens Corning and other former makers and sellers of asbestos. But who’s overseeing the trusts? Is the money getting spent properly? In short, are the trusts working as designed?

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December 3, 2009

La Salle to Pay $7.5 M to Brain-Injured Football Player

The worsening impact of head injuries on football was underscored when it was revealed that La Salle University had agreed to pay $7.5 million to a severely brain-damaged player, an amount five times the school's annual athletic budget.

Preston Plevretes, a sophomore linebacker, was severely injured in a Nov. 5, 2005, game against Duquesne, six weeks after suffering a concussion during an Explorers practice. His lawyers argued that because La Salle prematurely cleared him to return, without having him undergo proper testing or be seen by a doctor, the player became a victim of second-impact syndrome.

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December 1, 2009

WA Supreme Court Reinstates $8M Award Against Hyundai

The state Supreme Court reinstated an $8 million default judgment against Hyundai Motor Co. in a lawsuit over the backward collapse of a front seat in a 1997 crash that left a man paralyzed.

In a 7-2 ruling, the high court reversed the Court of Appeals, which had overturned a trial court's finding for Jesse Magana of Vancouver.

The justices said the South Korean automaker deliberately withheld documentation from Magana's lawyers for too long concerning other crashes in which front seats collapsed backward.

"Trial courts need not tolerate deliberate and willful discovery abuse," wrote the majority. "This result appropriately compensates the other party, punishes Hyundai, and hopefully educates and deters others so inclined."

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November 30, 2009

Federal Safety Regulators Announce New Crib Recall

The head of the Consumer Product Safety Commission conceded that the agency “hasn’t been acting as quickly as it should” on crib safety problems.

More than 2.1 million drop-side cribs by Stork Craft Manufacturing of Canada are being recalled following reports of four infant suffocations. The CPSC said the recall involves 1.2 million cribs in the United States and almost 1 million in Canada, where Stork Craft is based. Sales of the cribs being recalled go back to 1993 and nearly 150,000 of the cribs carry the Fisher-Price logo.

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November 29, 2009

Federal Lawsuit Dismissed Over Merck's Fosamax

A federal judge has dismissed a lawsuit alleging that Merck osteoporosis drug Fosamax causes jaw damage, more than two months after a jury deadlocked in a case involving a similar claim.

U.S. District Judge John Keenan found that Bessie Flemings, 74, a Mississippi resident, failed to present enough evidence to show that her use of Fosamax caused osteonecrosis of the jaw, or the death of jawbone tissue.

Keenan said Flemings' case was the second "bellwether" trial in nationwide litigation over Fosamax, which has spawned close to 900 lawsuits.

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November 28, 2009

Appeals Court Upholds $6 M Strip-Search Verdict Against McDonald's

The Kentucky Court of Appeals upheld the $6.1 million jury award to strip-search victim Louise Ogborn, saying McDonald’s legal department was “fully aware” of hoax calls to its restaurants, yet its management made “a conscious decision not to train or warn employees or managers about the calls.”

In a unanimous decision, the court also said that the $5 million awarded to Ogborn in punitive damages for McDonald’s “reprehensible” behavior was justified because the evidence showed the company repeatedly “placed a higher value on corporate reputation than on the safety of its own employees” over the 10 years it knew about the hoax calls.

A three-judge panel also upheld the judgment for former assistant manager Summers, who claimed she was duped into executing the search because of the company’s failure to warn her about the hoaxes. But the court cut her $1 million punitive damage award to $400,000, saying the jury’s verdict was excessive. Summers was also awarded $100,000 in compensatory damages.

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November 27, 2009

Jury Awards Man $6 M When a Tree Falls on his Car

A Phillipsburg man was awarded nearly $6 million for injuries suffered when a large tree limb dropped onto their car in 2006.

Kenneth Matlock is permanently disabled and can no longer work as a truck driver, his career for more than 20 years.

On July 4, 2006 Matlock, his wife and three children were travelling on Route 29 when the limb from an oak tree, fell onto their car. Matlock and his wife suffered broken necks and he lost the use of his right hand after the limb fell from a height of about 20 feet. Kenneth Matlock, now 43, lost control of the SUV, which continued north 220 feet until hitting a guard rail on the opposite side of the road.

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November 26, 2009

Philip Morris Ordered to Pay $300 M to Smoker

A Florida jury ordered cigarette maker Philip Morris USA to pay $300 million in damages to a 61-year-old ex-smoker named Cindy Naugle who is wheelchair-bound by emphysema.

The Broward Circuit Court jury assessed $56.6 million in past and future medical expenses against the company, part of Altria Group Inc, as well as $244 million in punitive damages.

The verdict is the largest of the so-called Engle progeny cases that have been tried so far, both sides said.

Philip Morris will seek further review of the verdict because of "numerous erroneous rulings by the trial judge," Philip Morris spokesman Murray Garnick said in a statement.

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November 24, 2009

Jury Awards $8 M to Woman Injured by City Bus

A Richmond jury awarded a librarian at the Library of Virginia $8 M in damages, the amount sought by her lawyers after the woman was struck by a GRTC Transit System bus and severely injured.

Meikiu Lo, now 34, suffered spinal and shoulder damage and multiple hip and pelvis fractures that resulted in chronic pain after a GRTC bus making a right turn struck her as she crossed the street beside the library.

She had waited on the sidewalk and was two-thirds of the way across the street when the bus, struck her, according to her attorney.

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November 24, 2009

Pfizer Must Pay $6 M in Damages Over Prempro

Two Pfizer Inc. units’ hormone- replacement therapy drugs caused an Illinois woman’s breast cancer, making them liable for at least $6.3 million in damages, a Philadelphia jury ruled.

Jurors found that the combination of Wyeth’s Prempro and Pharmacia & Upjohn’s Provera menopause drugs was a substantial contributing factor in Donna Kendall’s breast cancer. Kendall, 66, had a double mastectomy in 2002 after taking the hormone-replacement drugs for 11 years.

The panel will hear evidence Nov. 23 on whether Wyeth and Upjohn should pay punitive damages over their handling of the drugs. Wyeth has lost six of nine jury verdicts, including the last four in a row, over the drugs since 2006. This is Upjohn’s third loss at the jury stage. A trial judge threw out one verdict and another is on appeal.

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November 24, 2009

Iowa Supreme Court Orders Trial in Trampoline Case

The Iowa Supreme Court overturned lower court rulings and said a minister who crashed his car trying to avoid a trampoline that had blown into the road during a storm can sue its owners.

Thompson and his wife filed a lawsuit against the owners of the trampoline, Kaczinski and Lockwood, saying they were responsible for the 2006 crash near Earlham in Madison County because they had not secured the disassembled trampoline.

Court records show Kaczinski and Lockwood had taken the trampoline apart during the summer of 2006 and placed its parts in their yard about 38 feet from a gravel road nearby. A few weeks later, on Sept. 17, 2006, Thompson, who is a minister, was driving down the road from the church when he swerved to avoid the trampoline top, which has blown into the road during a storm the night before.

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November 23, 2009

FDA Orders Change to Pain Pump Warning Labels.

Federal regulators are demanding changes to labels on devices that deliver pain killers directly to joints after surgery, in response to numerous reports of irreversible cartilage damage.

The Food and Drug Administration said from 2006 to 2008 it received 35 reports of severe cartilage damage in patients who were given pain pumps after joint surgery. Nearly all the reports involved patients who had shoulder surgery; more than half needed additional surgery, including joint replacement.

Companies making pain pumps include I-Flow Corp. and Stryker Corp. Makers of the anesthetics used in pain pumps, such as APP Pharmaceuticals Inc. and Hospira Inc., will also have to update their labels. The firms have 30 days to propose language that includes a warning about the potential for cartilage destruction, according to the FDA.

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November 23, 2009

Trial to Proceed in Cintas Wrongful Death Lawsuit

A federal judge has denied a request by Cintas Corp. for summary judgment in a 2007 wrongful death lawsuit in Tulsa, a ruling that paves the way for a jury to hear the case against the nation's largest uniform supplier next year.

U.S. District Judge Claire Eagan wrote in a 31-page opinion that there is ''conflicting evidence'' whether Cintas managers knew workers in company laundries were breaking safety rules to save time, but did nothing to stop them.

Eagan wrote that videotape evidence taken from the Tulsa plant ''shows employees routinely disregarding Cintas' safety procedures.''

Amalia Diaz Torres is suing Cincinnati-based Cintas, claiming the company's plant managers knew about -- and even encouraged -- the dangerous working practices that led to the death of her husband, Eleazar Torres-Gomez, in 2007.

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November 22, 2009

Calif. Contact-Lens Solution Class Action Lawsuit Is Certified

Six months after the California Supreme Court lowered standing requirements for consumer class actions, a state trial judge has certified a class of consumers who purchased contact lens solution linked to an infection that can cause blindness.

Orange County, Calif., Superior Court Judge David C. Velasquez ruled on Nov. 12 against Abbott Medical Optics Inc., formerly Advanced Medical Optics Inc.

Plaintiffs attorney Mark Robinson, credited the certification order to the California Supreme Court's May 18 decision in In re Tobacco II Cases. That ruling resolved a legal dispute over Proposition 64, a 2004 ballot initiative designed to curb consumer cases filed under California's unfair competition law by requiring that plaintiffs show actual injury. In that case, in which Robinson represented tobacco smokers, the California Supreme Court said that class actions alleging consumer fraud can go forward even if not all the class members have suffered injuries caused by deceptive advertising.

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November 21, 2009

Jury Awards $12M in Verizon Toxic Waste Lawsuit

Two men who became seriously ill after working at a Hicksville magazine distributor located atop a former nuclear fuel plant have been awarded $12 million in a federal negligence lawsuit against Verizon Communications Inc.

Gerard DePascale, and Liam Neville, each were awarded $5 million, and DePascale's wife, Joanne, $2 million, after their lawyers successfully argued the men were sickened by toxins that remained at the site years after operations ceased in 1967.

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November 20, 2009

Jury Awards $5.25M in Va Teenager Wrongful Death

An Albemarle County, Va jury awarded $5.25 million to the parents and sibling of a 16-year-old county girl who was killed in a car accident in 2008.

The jury found that Don B. Swisher Trucking Corp., McCann Delivery Service and Kenneth Barbour were negligent when Barbour hit Sydney Aichs’ 1999 Chevrolet Cavalier with a tractor-trailer while running a red light on May 9, 2008.

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November 19, 2009

Dominican Republic blames U.S.Power Company for Birth Defects

Maximiliano Calcaño is 2 and was born with no arms. Maximiliano's mother, Anajai Calcaño, lives in a small house with no indoor plumbing in a rural village in northern Dominican Republic, not far from where coal ash generated by Virginia-based AES Corp. wound up at the edge of the sea.

More than 50,000 tons of coal ash laden with heavy metals was left at a port abutting local homes for years while the company, politicians, prosecutors, environmental activists and bureaucrats argued -- and residents got sick.

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November 18, 2009

Property Owner Near TVA Ash Spill Has Medical Problems

Ten months after millions of cubic yards of coal ash spilled from a Tennessee Valley Authority dam, Gary Topmiller and his wife, Pam, said they are trapped in their home across the Emory River from the site and "living in hell."

Topmiller was among several people who spoke to reporters about their problems since Dec. 22, when a breach in an earthen dike at TVA's Kingston Fossil Plant sent 5.4 million cubic yards of ash into the Emory River and onto private property.

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November 18, 2009

Widower Awarded $6 M in Medical Malpractice Trial

The husband and estate of a woman who developed blood clots and died shortly after undergoing outpatient knee surgery have been awarded more than $6 million.

In December of 2003, Ruby Quarles, 42, was referred by her primary care physician at Fort Benning's Martin Army Community Hospital to an orthopedic surgeon to investigate complaints of worsening pain in her left knee, according to trial documents.

The surgeon, Dr.McKenzie, gave Quarles an injection for the pain and ordered physical therapy; during a follow-up visit in January 2004, McKenzie ordered an MRI to determine whether Quarles might have a tear in the cartilage of her knee.

The MRI indicated a "cartilaginous loose body" behind Quarles' knee, according to the pre-trial order, and on Jan. 29 she underwent less than an hour of arthroscopic surgery at Doctors Hospital. McKenzie did not find any loose cartilage or other damage, and that afternoon Quarles' daughter, Frances, took her home.

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November 17, 2009

Updated Findings from the Chinese Drywall Report

The Chinese drywall product liability complaint is now nearly a year old. And while incidents of Chinese drywall being installed in homes have all but stopped, complaints of bloody noses, sinus infections and vomiting spells for pets and people, widespread corrosion and blackening of copper tubing and wiring and "rotten egg" smell continue to escalate. Last spring, the U.S. Consumer Product Safety Commission conducted 44 investigations into consumer complaints about drywall.

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November 16, 2009

Study Confirms Increased Blood Clot Risks With Erythropoiesis-Stimulating Drugs

Cancer patients who took drugs to cut the risk of anemia were twice as likely to develop blood clots in the lungs or legs as other patients, a decade-long study of more than 55,000 cancer patients has found.

The study adds to mounting evidence that the risks of the commonly used drugs -- known as erythropoiesis-stimulating agents or ESAs -- may outweigh the benefits.

ESAs stimulate bone marrow to increase the production of red blood cells. They were first approved in cancer patients in 1991 to reduce the number of blood transfusions needed during chemotherapy.

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November 15, 2009

Halliburton Co. and KBR Inc. Military Contractors Sued over Iraq 'Burn Pits'

An Air Force veteran and a one-time contractor who served in Iraq are suing military contractors Halliburton Co. and KBR Inc., claiming that the companies exposed them to toxic fumes by burning everything from human remains to tires in massive open-air pits.

The lawsuit was filed in U.S. District Court in Louisville by former Air Force Sgt. Sean Alexander Stough and ex-contractor Charles Hicks.

"The burn pits are still going on," said attorney Susan Burke, who represents the men.

The suit names Houston-based companies KBR and Halliburton, as well as the Turkish company ERKA Ltd. The lawsuit is the latest on behalf of former military members and contract workers who claim they were exposed to toxins from burning waste in the warzone. At least 32 suits over burn pits have been filed in 32 states.

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November 14, 2009

Lead in Red Wine vinegars Could Cause Toxic Injury

Balsamic and other red wine vinegars often contain lead, a potent neurotoxin, and could pose a risk to children who consume it regularly, according to a new analysis by Environmental Health News.

Eating just one tablespoon a day of some vinegars can raise a young child's lead level by more than 30 percent, modeling requested by the news service shows.

Lead can damage people's neurological systems, particularly children's developing brains. Even low levels can reduce a child's IQ or trigger learning and behavioral disorders, scientific studies show. In adults, it has been linked to cardiovascular, kidney and immune system effects.

The heavy metal is so toxic and persistent in the body that there is no known threshold below which adverse effects do not occur, according to the U.S. Centers for Disease Control and Prevention.

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November 13, 2009

Dallas Texas Car and Trucking Accident Lawsuit Update

Traffic deaths on U.S. roads reached a record low in the first half of 2009, according to projections released Oct. 9. Estimates show that 16,626 people died in traffic crashes between January and June –- a 7 percent decline from 17,871 for the same period last year. Projected figures for the period also show a record low fatality rate of 1.15 deaths per 100 million vehicle miles traveled, down from 1.23 deaths during the same period in 2008.

Read the Texas Car Accident report here.

Automobile accidents, auto collisions, car accidents, car crashes, or car wrecks, motor vehicle fender benders are an unfortunate fact of life. Auto accidents can be caused by any number of reasons including: Driver negligence, Driver impairment, Driver recklessness, Defective automobiles or parts and Dangerous road conditions.

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November 13, 2009

Dallas Yaz Lawsuit Plaintiffs’ Steering Committee Appointed

There is progress to report in the Yaz and Yasmin multidistrict litigation (MDL No. 2100) currently underway in U.S. District Court for the Southern District of Illinois. Judge David Herndon, who is overseeing the Yaz and Yasmin MDL, has appointed members to the Plaintiffs’ Steering Committee.

The Plaintiffs’ Steering Committee was appointed by Judge Herndon in an Order dated November 10, 2009.

Dr Shezad Malik will be working closely with the members of the Plaintiffs’ Steering Committee.

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November 13, 2009

KTLA: Yaz, Yasmin Birth Control Users Report Serious Problems

KTLA TV in Los Angeles just ran an investigation and news article into Yaz and Yasmin side effects that folks may be interesting in watching.

Click here for the link.

Read the full article here.

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November 13, 2009

Cedars-Sinai Finds More Patients Exposed to Excess Radiation

Cedars-Sinai Medical Center officials said that 260 patients had been exposed to high doses of radiation during CT brain scans during an 18-month period, up from the hospital's original estimate of 206 in September.

A review by the hospital also found that about 20% of the patients received exposure directly to the lenses of their eyes, which puts them at a higher risk for cataracts.

Of the newly identified cases, 47 patients had died by the time the hospital began contacting victims -- a reflection, officials said, of their serious illnesses, not the radiation exposure.

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November 13, 2009

Data From Studies of Pfizer Neurontin Drug May Have Been Altered

Researchers say trials of Pfizer Inc.’s Neurontin epilepsy treatment for uses that were not yet approved may have been altered to emphasize favorable results.

Comparisons of internal company documents with published data from 12 clinical trials found inconsistencies between data that made it into the medical journals and findings from the original trials, according to a report in the New England Journal of Medicine. Discrepancies included reports of positive results from trials that were initially found to be negative, and primary study goals reported as secondary study goals.

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November 13, 2009

Dallas Texas Slip and Fall Attorney Update

A slip and fall accident is a type of personal injury claim that occurs when an individual slips and falls on another person’s property. It is based on the breach of duty that the owner of the property was negligent in failing to correct the dangerous condition that caused the slip and fall.

The term Premises Liability is used when assigning responsibility for injuries caused by the defective design or maintenance of property, including private homes, public buildings, and anywhere a person would have a reasonable expectation of safety.

"Negligence" means failure to use ordinary care to provide a safe place and to reduce or eliminate an unreasonable risk of harm created by the condition or use of a place, equipment or procedures.

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November 12, 2009

Pa Lawsuit Says Gas Drilling Polluted Ground Water

A Pennsylvania landowner is suing an energy company for polluting his soil and water by a natural gas drilling technique.

George Zimmermann, the owner of 480 acres in Washington County, southwest Pennsylvania, says Atlas Energy Inc. ruined his land with toxic chemicals used in or released there by hydraulic fracturing.

Water tests at three locations by gas wells on Zimmermann's property -- one is 1,500 feet from his home -- found seven potentially carcinogenic chemicals above "screening levels" set by the U.S. Environmental Protection Agency.

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November 11, 2009

Toyota Lawsuits by Consumers Over Sudden Acceleration of Vehicles

- Toyota Motor Corp. has failed to correct a problem with the throttle control system on some of its vehicles, causing them to suddenly accelerate, lawyers for consumers said in a lawsuit.

Los Angeles residents Seong Bae Choi and Chris Chan Park, who claim they experienced multiple instances of unintended acceleration, filed the suit as a class action on Nov. 5, seeking to represent all U.S. owners of certain Toyota and Lexus models.

Toyota last month said it would recall as many as 3.8 million vehicles including Lexus ES luxury cars, Camry sedans and Prius hybrids over a potential flaw in which floor mats shifting out of position could jam the accelerator pedal. The mats aren’t the problem, according to the plaintiff’s lawyer.

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November 10, 2009

Dallas Texas Yaz Update: Mass Tort Status for Suits Over Yaz, Yasmin

The New Jersey judiciary is considering a request from Passaic County judge for mass tort status for suits alleging strokes and other serious health problems from the oral contraceptives Yaz, Yasmin and Ocella.

With 13 suits filed in his court, Assignment Judge Donald Volkert Jr. wrote to Acting Administrative Director of the Courts Glenn Grant on Oct. 22 that "the case management and potential trial of this particular litigation would place a fairly substantial strain on our already limited resources."

There are 26 suits against the contraceptives' manufacturers pending in other counties, and Volkert said plaintiffs lawyers have told him the number could reach 1,000.

In a notice to the bar, the Administrative Office of the Courts says it will accept public comments until Dec. 31 on the proposal to centralize the cases in Atlantic, Bergen or Middlesex counties, where mass torts are heard.

Continue reading "Dallas Texas Yaz Update: Mass Tort Status for Suits Over Yaz, Yasmin" »

November 9, 2009

Light Cigarettes may not help Smokers Quit

Smokers who want to quit and think a good first step is to switch to light or low-tar cigarettes are making a big mistake. A study has found that those smokers instead have about a 50% lower chance of giving up smoking.

The research, published in the November issue of Tobacco Control, analyzed survey data from about 31,000 smokers who were asked whether they had switched to a milder or low-tar brand of cigarettes and the reasons for the switch. They were queried about whether they had tried to give up smoking and if they could currently call themselves nonsmokers. Those who switched brands were 58% more likely to have attempted to give up smoking than those who stayed with one brand but were 60% less likely to successfully quit.

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November 8, 2009

FDA: All-Natural Sex Pill Contains Viagra Chemical

The US food and drug safety watchdog warned that an over-the-counter men's sex aid, labeled as all-natural, contains a chemical similar to the active ingredient in Viagra and could be dangerous.

Stiff Nights, a product marketed as a dietary supplement for sexual enhancement, contains an ingredient that can dangerously lower blood pressure and is illegal," the Food and Drug Administration (FDA) said in a statement. Read the full statement here.

The FDA began probing Stiff Nights after receiving a customer complaint about the product. The agency did not reveal the nature of the complaint.

The investigation found that rather than being all-natural, Stiff Nights contains sulfoaildenafil, a chemical similar to the ingredient in Viagra.

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November 6, 2009

Jury Awards $16.6 M for Mom's Wrongful death in Radio Contest

A Sacramento jury set an eye-popping standard on the cost of radio station contests that kill and the resulting loss of a mother's love and a wife's companionship.

The tab for Entercom Sacramento LLC came to $16,577,118 in the water-intoxication death of Jennifer Lea Strange in a contest put on by radio station KDND "The End" (107.9 FM).

Such was the award rendered by a Sacramento Superior Court jury of seven men and five women in the trial to settle a wrongful death lawsuit filed on behalf of Strange's survivors. The 28-year-old woman died Jan. 12, 2007, after she participated in KDND's "Hold Your Wee for a Wii" contest.

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November 6, 2009

Pfizer Jury to Award $75 M Prempro Verdict to Woman

Pfizer Inc. must pay about $75 million in punitive damages to an Illinois woman who developed cancer after taking one of the drugmaker’s menopause treatments.

A Philadelphia jury ordered Pfizer’s Wyeth unit on Oct. 26 to pay the bad-conduct award, which is about 20 times larger than the $3.7 million in actual damages the panel awarded to Connie Barton over her use of Wyeth’s Prempro menopause drug, according to people with direct knowledge of the verdict.

A judge ordered Barton’s punitive-damage award sealed at Wyeth’s request until the trial of another Prempro lawsuit in the same courthouse is completed. Lawyers in that case say jurors won’t start deliberating on that suit’s claims for another three weeks.

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November 5, 2009

Wyeth to Face New Trial on Punitive Damages in Prempro Hormone Replacement Case

Donna Scroggin had a hormone replacement product liability suit against Wyeth and Upjohn and at the spring 2008 trial her claim that the drug companies failed to warn of the increased risk of breast cancer resulting from their estrogen and progestin products, a federal district court jury awarded the breast cancer survivor $2.75 million in compensatory damages. In the second phase of trial, the jury hit Upjohn with about $8 million in punitive damages, and Wyeth with $19 million.

After post-trial motions, the judge upheld the jury's liability finding and $2.75 million compensatory damages verdict against Wyeth and Upjohn. But he struck the testimony of Scroggin's punitive damages expert and vacated the punitive damages awards against the drug companies.

Read the opinion here.

Continue reading "Wyeth to Face New Trial on Punitive Damages in Prempro Hormone Replacement Case" »

November 5, 2009

Widow Files Wrongful Death Suit Over Fatal Training Exercise

The widow of a Volusia County Fla firefighter who died when a tree fell on him during a brush-fire training exercise is suing the county Fire Services department for wrongful death.

County firefighter John Curry was with the department nine months and attending his first training with a wildfire team when he was killed.

Volusia County Fire Services knew that using untrained firefighters to cut down trees was dangerous, according to the complaint filed, and failed to protect Curry from his death.

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November 4, 2009

Family of Child who Drowned Files a Wrongful Death Lawsuit

The family of the 9-year-old boy who drowned in a city pool is seeking $15 million from the city, according to a wrongful death claim filed in City Hall.

Jameson Auciel, died on Aug. 20, three days after he was pulled unconscious from the McGrane Pool in Providence city’s West End.

Jameson had been floating face down in the 3- to 4-foot public pool. His cousin, Gamaelle Bazelais, 8, was also found floating face down and unconscious in the pool. Both were rushed to Hasbro Children’s Hospital in Providence.

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November 3, 2009

BP Faces Fine for ’05 Refinery Wrongful Death Explosion

The Occupational Safety and Health Administration announced the largest fine in its history of $87 million in penalties against the oil giant BP for failing to correct safety problems identified after a 2005 explosion that killed 15 workers at its Texas City, Tex. refinery.

The fine is more than four times the size of any previous OSHA sanction. Federal officials said the penalty was the result of BP’s failure to comply in hundreds of instances with a 2005 agreement to fix safety hazards at the refinery, the nation’s third-largest.

OSHA issued 271 notifications to BP for failing to correct hazards at the Texas City refinery over the four-year period since the explosion. As a result, OSHA, which is part of the Labor Department, is issuing fines of $56.7 million. In addition, OSHA also identified 439 “willful and egregious” violations of industry-accepted safety controls at the refinery. Those violations will lead to $30.7 million in additional fines

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November 3, 2009

Bat Maker Found Liable for Player's Wrongful Death

After 12 hours of deliberation, a jury sided with the parents of baseball pitcher Brandon Patch in a civil suit over the player's death during a 2003 game in Helena.

Aluminum bat maker Hillerich & Bradsby Co. failed to provide adequate warning as to the dangers of the bat used by a Helena Senators player during the game, according to at least eight of the 12 Lewis and Clark County jurors.

Hillerich & Bradsby Co. was ordered to pay $792,000 to Patch's estate, which is represented by his mother, Debbie Patch, who filed the suit.

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November 3, 2009

Amylin, Lilly’s Byetta Gets Stronger Safety Warning

Amylin Pharmaceuticals Inc. and Eli Lilly & Co. said safety warnings were strengthened for their diabetes drug Byetta relating to the risks of pancreatitis and the medicine’s use by patients with severe kidney disease.

Patients with “severe kidney problems” shouldn’t take Byetta and the treatment should be “used with caution” in people who have had a kidney transplant, San Diego-based Amylin and Indianapolis-based Lilly said in a statement. The companies also said U.S. regulators approved the use of the drug as a stand-alone medication for adults with Type 2 diabetes.

Six patients taking Byetta died in August 2008 from pancreatitis, an inflamed pancreas. A safety alert was issued by the Food and Drug Administration though Amylin said no evidence directly linked the drug to the deaths. The revised language reflects the concerns raised by the FDA a year ago, according to Amylin’s medical director.

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November 2, 2009

Anemia Drug Raises Stroke Risk in Kidney Patients

A drug designed to fight anemia appears to double the risk of stroke in patients with diabetes and kidney disease without substantially improving their quality of life, a new study finds.

Darbepoetin alfa, marketed as Aranesp and known as an erythropoiesis-stimulating agent (ESA), is often prescribed for diabetic patients with chronic kidney disease and mild anemia.

"The benefits we assumed we would have by treating anemia were less striking and the risks were more striking," said lead researcher Dr. Marc A. Pfeffer, a professor of medicine in the cardiovascular division of Brigham and Women's Hospital in Boston.

"This provides new data for doctors and patients to make their own risk-benefit assessment," he said. "There was a perception that treating anemia would make people feel so much better that we'll take risks, but the benefit in quality of life was not as great as we thought, and there was a clear doubling of your risk for a stroke."

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November 2, 2009

Firefighter's Widow Alleges Department Failed to Properly Maintain Equipment.

The widow of a LA firefighter who was killed last year while on duty has sued the fire department and the city for allegedly causing his death by refusing to replace outdated equipment.

Ralph Arabie, a 30-year veteran of the David Crockett Steam Fire Company No. 1, was killed in September 2008 at the station when the hydraulic boom of a 1965 aerial device struck and pinned his head to the back of one of the station's trucks. He was pronounced dead at the scene of blunt force trauma to the head.

The lawsuit, filed alleges that Arabie was killed because the city and station failed to "properly maintain an already over aged fire truck," and "replace overly-aged hydraulic components."

Jan Arabie is suing for damages including the loss of her spouse, loss of support, mental anguish and emotional distress.

Continue reading "Firefighter's Widow Alleges Department Failed to Properly Maintain Equipment." »

November 2, 2009

AstraZeneca Pays $520 M to Settle Seroquel Whistle Blower Cases

The pharmaceutical company AstraZeneca said that it had reached a $520 million agreement to settle two federal investigations and two whistle-blower lawsuits over the sale and marketing of its blockbuster psychiatric drug Seroquel.

One of the investigations related to “selected physicians who participated in clinical trials involving Seroquel,” AstraZeneca disclosed in a government filing. The other case related to off-label promotion of the drug.

As a result of aggressive marketing, Seroquel has been increasingly used for children and elderly people for indications not approved by the Food and Drug Administration. Doctors are permitted to prescribe any approved drug for off-label uses.

Seroquel was the top-selling antipsychotic drug in America. It had $17 billion in sales in the United States since 2004, according to IMS Health, a research firm.

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October 30, 2009

Class Action Patients Exposed to Radiation sue Cedars-Sinai

More than 200 patients exposed to high levels of radiation at Cedars-Sinai hospital filed suit, and attorneys say more plaintiffs could be added as word of the lawsuit spreads.

The president of Cedars-Sinai Medical Center - where patients were recently exposed to eight times the recommended radiation after undergoing brain tests related to a stroke - issued a statement saying he regretted the circumstances that led to the mistake.

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October 30, 2009

Appeals Court Reverses $24.2 M Verdict in Asbestos Mesothelioma Case

The 3rd District Court of Appeal reversed a $24.2 million verdict Wednesday, striking a Miami-Dade jury award to a Weston, Fla., surgeon who claimed asbestos exposure caused his terminal cancer.

In a unanimous unsigned opinion, the three-judge panel remanded the products liability lawsuit by Dr. Stephen Guilder against Honeywell International and ordered a new trial.

Guilder won one of the highest compensatory damage awards against a single defendant in a mesothelioma case in April 2008. He died before the appeal was decided.

He claimed he developed the rare peritoneal mesothelioma from exposure to asbestos by remodeling an attic, working in road construction and repairing cars in the 1970s and 1980s.

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October 30, 2009

Lawsuit Claims That Company is Liabe for Drunk Employee Car Crash

Trial is set to begin in Michigan in a lawsuit that claims a company is liable for three deaths caused by a company employee who was driving drunk.

Thomas Wellinger, who had been sent from his office at UGS Corp. to seek medical attention, drove his vehicle at 70 mph into a car driven by Judith Weinstein, killing her and her two sons, ages 9 and 12. Her husband, Gary Weinstein of Farmington Hills, Mich., claims in a wrongful-death suit that USG Corp. had a duty not to let Wellinger leave the premises.

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October 29, 2009

Federal Agencies to Assess Potential Lasik Problems

Three federal agencies -- the Food and Drug Administration, the Defense Department and the National Eye Institute -- announced last week that they are launching a three-year effort to gauge how many, and which, patients suffer troubling symptoms after undergoing the vision correction procedure called Lasik.

At the same time, the FDA issued letters reminding 17 walk-in surgical centers performing Lasik surgery of their obligation to report poor outcomes and patients' surgery-related medical complaints. The letters were issued after the FDA conducted a spate of inspections of Lasik facilities and found many had no system for collecting and transmitting to the FDA data on patients' reports of post-surgical "adverse events." More inspections are to come, the FDA said.

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October 28, 2009

NY City Awarded $105 M in Exxon Mobil Toxic Lawsuit

A federal jury found Exxon Mobil liable for contaminating groundwater in New York City and awarded the city $104.7 million in compensatory damages.

The city had sought $250 million in damages to finance construction of a treatment plant to make the water in five wells in southeastern Queens drinkable. But lawyers for the city called the jury’s decision a “total victory” for their side.

Dozens of similar cases are pending against oil companies nationwide over the contamination of groundwater by the additive M.T.B.E., which is highly soluble in water and has leaked from underground storage tanks across the country.

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October 27, 2009

Pfizer Unit’s Prempro Punitive Damages Verdict Remains Secret

A Pfizer Inc. unit must pay an undisclosed amount of punitive damages to an Illinois woman who developed breast cancer after taking one of the drugmaker’s menopause treatments, according to a Philadelphia jury.

Jurors deliberated 25 minutes before finding Pfizer’s Wyeth subsidiary was responsible for paying an award to Connie Barton. The specific amount of the award was sealed by the trial judge immediately after it was returned.

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October 27, 2009

Philip Morris Has to Fund Medical Monitoring Tests for Smokers

The state’s high court said that cigarette maker Philip Morris USA may have to pay for diagnostic chest exams so smokers can get early warning they have developed lung cancer, possibly opening a new front in tobacco liability lawsuits.

In a unanimous ruling, the Supreme Judicial Court said Massachusetts law has an antiquated definition of negligence. Historically, plaintiffs had to show explicit injury, such as a broken leg, before the other party can be ordered to pay for diagnostic tests.

Writing for the court, Justice Spina said that such legal thinking must change. “We must adapt to the growing recognition that exposure to toxic substances and radiation may cause substantial injury, which should be compensable, even if the full effects are not immediately apparent,’’ he wrote.

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October 27, 2009

More Suits Against Bayer Corporation on Behalf of Victims of the Yaz Birth Control Pill

Two more lawsuits on behalf of young women injured by the Yaz birth control pill. Yaz, as well as its precursor, Yasmin, have been associated with life-threatening cardiac events in some women, including heart attacks, blood clots and strokes. Both lawsuits were filed in the United States District Court for the Southern District of New York (Docket Nos. 09-CIV-8931 and 09-CIV-8843).

The Yaz lawsuits were filed on behalf of Judith M. Woodall and Tasha Marcell. The complaints allege that both women sustained severe and permanent personal injuries, pain, suffering, and emotional distress as a result of their use of Yaz. More specifically, according to her lawsuit, Ms. Woodall, a resident of Tennessee, first began using Yaz in approximately November 2008. That same month, she suffered a saddle pulmonary embolus and deep vein thrombosis.

Ms. Marcell, a resident of Georgia, began taking Yaz in October 2007. She also suffered a pulmonary embolism and deep vein thrombosis shortly after she began using the medication.

Continue reading "More Suits Against Bayer Corporation on Behalf of Victims of the Yaz Birth Control Pill" »

October 26, 2009

Toyota's runaway-car worries may not stop at floor mats

A fatal accident in San Diego raises the question: Might a vehicle's complex electronic features make it hard for drivers to react quickly when accelerating out of control?

The 2009 Lexus ES 350 shot through suburban San Diego like a runaway missile, weaving at 120 miles an hour through rush hour freeway traffic as flames flashed from under the car.

At the wheel, veteran California Highway Patrol Officer Mark Saylor desperately tried to control the 272-horsepower engine that was roaring at full throttle as his wife, teenage daughter and brother-in-law were gripped by fear.

"We’re in trouble. . . . There’s no brakes," Saylor's brother-in-law Chris Lastrella told a police dispatcher over a cellphone. Moments later, frantic shrieks filled the car as it slammed into another vehicle and then careened into a dirt embankment, killing all four aboard.

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October 26, 2009

Illinois Supreme Court Rules Doctors Owed no Duty to Nonpatient

A recent Illinois Supreme Court ruling is a victory for patient-physician confidentiality and protects doctors from unwarranted liability exposure, according to physicians.

On Sept. 24, the Illinois Supreme Court ruled that a group of physicians and other health care professionals did not have a duty to prevent the murder of the wife of a mentally ill patient they treated.

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October 25, 2009

Nurse Alleges Dangerous Yaz Birth Control Drug "Altered My Life"

Candice Atkinson filed a personal injury lawsuit against Bayer Corporation and Bayer Healthcare Pharmaceuticals, Inc., for severe side effects from the prescription birth control drug Yaz, manufactured and marketed by Bayer. The complaint was filed in the Superior Court of New Jersey, where Bayer Healthcare Pharmaceuticals, Inc., is located.

Candice Atkinson was prescribed Yaz to treat acne skin condition, and the South Carolinian developed life-threatening blood clots and other serious side effects

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October 25, 2009

$14 M Settlement in Wrongful Death Case From EMS Copter Crash

A $14M settlement has been reached with family members of a flight nurse and a paramedic who died last year when an emergency medical services helicopter crashed into the Laguna Madre, Texas.

The settlement resolves a lawsuit that family members of Raul Garcia, 40, and Michael Sanchez, 39, filed against Metro Aviation Inc., the company that operated the Eurocopter AS350, and South Texas Emergency Care Foundation.

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October 24, 2009

U.S. to Press China on Drywall Litigation

The chairman of the Consumer Product Safety Commission said she would ask China to help pay for the billions of dollars in damage to U.S. homes blamed on Chinese-made drywall.

"I will find out if any discussions are going on in China about the costs, are they prepared to participate in providing funds, and what would it take for that to occur," CPSC Chairman Inez Tenenbaum said ahead of a trip to China next week for a biennial U.S.-China consumer product safety summit.

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October 23, 2009

Jury Awards $13.5 M in Product Liability Faulty-Fan Death

A Philadelphia jury has issued a $13.5 million verdict against Lasko Products Inc., a West Chester fan manufacturer, after a defective fan motor sparked a 2005 house fire in Mount Airy that killed a 7-year-old boy.

The award was issued after a 13-day trial in the death of Joshua Foster, who was killed on June 14, 2005, when a fan in his mother's bedroom triggered a blaze in the home. The child died of burns and smoke inhalation.

The fire was caused by a faulty Chinese-made motor in the portable fan, built in 2000, and the defect in the model was discovered in 1999.

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October 22, 2009

BNSF Railroad's Penalty of $25.6 M for Trial Misconduct

Burlington Northern Santa Fe Corp. engaged in a "staggering" pattern of misconduct aimed at covering up its role in the deaths of four young people whose car collided with a train largely because a crossing gate wasn't working properly.

To punish the railroad, which allegedly began destroying evidence within minutes of the 2003 accident, Judge Maas awarded $4 million to the victims' families and their attorneys. The award comes on top of $21.6 million from a jury that placed 90 percent of the blame for the accident on Burlington Northern.

"When encountering conduct as egregious as that of BNSF, this court ... has a duty to impose sanctions of a sufficient severity in order to deter future misconduct of the same caliber," Maas ruled.

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October 21, 2009

Trial Set in Wrongful Death of Wal-Mart Slip and Fall

A trial date has been set in the case against Wal-Mart in the death of a Chadron, Neb., woman.

David Lehman sued the corporation shortly after his wife, Julie, died after falling in the Chadron store. The case, filed in Dawes County District Court was removed to the U.S. District Court, which has scheduled a trial for Feb. 16.

Julie Lehman was in Wal-Mart July 21 with her son, Steffan, 17, when she slipped on a wet floor in the automotive cleaning products aisle on her way to the restroom. Julie received her initial diagnosis and treatment at the Chadron Community Hospital before being flown to Rapid City Regional to have a massive blood clot in her brain surgically removed. Julie never woke up after surgery and died July 27.

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October 20, 2009

Metrolink Pays Out $30 M in 2005 Crash Settlements

After years of foot dragging, Metrolink has spent $30 million to settle most of the lawsuits arising from the 2005 Glendale train crash that killed 11 and injured about 180, according to plaintiffs' attorneys.

Among those settlements are two injury cases, one for $5 million and the other for $3.8 million, and two wrongful death cases in which the heirs will receive $3.5 million for each claim. One of those cases involves payments to the family of a sheriff's deputy killed in the crash.

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October 19, 2009

Zometa Lawsuit Against Novartis Pharmaceuticals Underway

A lawsuit against a Swiss pharmaceutical company went to trial last week in Missoula, but a verdict in the case could have national significance for hundreds of plaintiffs suing the company in a mass tort.

Peggy L. Stevens of Missoula filed suit against Novartis Pharmaceuticals Corp. last year, alleging the company was professionally negligent when it failed to disclose health risks associated with one of its medications.

Stevens, who has lymphoma, developed severe dental and jaw-related problems after taking Zometa, a bone-strengthening medication manufactured by Novartis. Her attorneys say the company knew patients taking Zometa were vulnerable to a degenerative jaw disorder called osteonecrosis, particularly those patients who undergo invasive dental procedures, like root canals or tooth extractions.

Continue reading " Zometa Lawsuit Against Novartis Pharmaceuticals Underway" »

October 19, 2009

Zometa Lawsuit Against Novartis Pharmaceuticals Underway

A lawsuit against a Swiss pharmaceutical company went to trial last week in Missoula, but a verdict in the case could have national significance for hundreds of plaintiffs suing the company in a mass tort.

Peggy L. Stevens of Missoula filed suit against Novartis Pharmaceuticals Corp. last year, alleging the company was professionally negligent when it failed to disclose health risks associated with one of its medications.

Stevens, who has lymphoma, developed severe dental and jaw-related problems after taking Zometa, a bone-strengthening medication manufactured by Novartis. Her attorneys say the company knew patients taking Zometa were vulnerable to a degenerative jaw disorder called osteonecrosis, particularly those patients who undergo invasive dental procedures, like root canals or tooth extractions.

Continue reading " Zometa Lawsuit Against Novartis Pharmaceuticals Underway" »

October 19, 2009

Hospital Settles After Patient’s Fall in Operating Room

The family of an 86-year-old Boston woman who died after she fell from an operating table following hip surgery has settled a wrongful death lawsuit with Boston Medical Center.

The family’s lawyer, Meyer, said the hospital agreed to pay $900,000.

Meyer said the case exposed gaps in operating room procedures and hopefully will prevent future tragedies.

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October 19, 2009

New Rules Opens Toxic Injury Health Claims to Agent Orange

Under rules to be proposed this week, the Department of Veterans Affairs plans to add Parkinson’s disease, ischemic heart disease and hairy-cell leukemia to the growing list of illnesses presumed to have been caused by Agent Orange, the toxic defoliant used widely in Vietnam.

The proposal will make it substantially easier for thousands of veterans to claim that those ailments were the direct result of their service in Vietnam, thereby for them to receive monthly disability checks and health care services from the department.

The new policy will apply to some 2.1 million veterans who set foot in Vietnam during the war, including those who came after the military stopped using Agent Orange in 1970. It will not apply to sailors on deep-water ships, though the department plans to study the effects of Agent Orange on the Navy.

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October 18, 2009

Dallas Texas Yaz Lawsuits and Side Effects

The United States Judicial Panel on Multidistrict Litigation issued its order on October 1, 2009, establishing MDL No. 2100 for individual lawsuits filed by women who have been injured as a result of their ingestion of Yasmin, Yaz and Ocella oral contraceptive products. All of the cases pending in federal courts will be transferred to the Southern District of Illinois. The initial transfer order includes 32 cases that have been filed by patients in California, Georgia, New York, Ohio, Pennsylvania, Puerto Rico, and Wisconsin.

All of the cases involve allegations that the popular birth control pills containing the new progestin drospirenone increase the risk of serious life-threatening health problems, such as heart attacks, strokes, pulmonary embolisms, deep vein thrombosis, gallbladder disease and sudden death from Yaz or Yasmin.

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October 18, 2009

GlaxoSmithKline Buried Paxil Birth Defect Reports, Jury told

In the first Paxil birth defect case to go to trial, jurors heard testimony late last month that manufacturer GlaxoSmithKline (GSK) was aware of reports of birth defects from mothers who took the antidepressant while pregnant but withheld the information from the FDA and consumers. (Kilker v. SmithKline Beecham Corp., No. 070201813 (Pa., Philadelphia Co. Com. Pleas filed Feb. 20, 2007).).

In his opening statement, Sean Patrick Tracey of Houston told the jurors that they would see internal GSK documents that would show the company had reports of Paxil-related congenital abnormalities that go back to the drug’s entry into the market in 1993. These were documents previously under seal that “the FDA hasn’t seen, the United States Congress hasn’t seen, and that no jury has ever laid their eyes on before,” he said.

Tracey said one of the documents would show that a GSK official discussed “burying” negative studies linking Paxil to birth defects. Another would show that GSK told officials to avoid disclosing the risks. “GSK said if there is any doubt, take it out,” he told the jury.

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October 18, 2009

Paxil Birth Defects Trial Now Waiting for Jury’s Verdict

The first of more than 600 lawsuits claiming the makers of the antidepressant Paxil hid evidence that its drug caused birth defects in order to boost profits is now waiting for a Philadelphia jury's verdict.

The lawsuit involves allegations from Michelle David, who claims drug maker GlaxoSmithKline concealed negative study results linking Paxil to a life-threatening heart malformation in newborns of women who took the drug during pregnancy. The company marketed Paxil for treating pregnant women with anxiety, despite knowing about the apparent connection to birth defects, David contends.

David took Paxil while pregnant with her son, Lyam Kilker, who was born with life-threatening heart defects. The boy is now four and has fully recovered after being hospitalized as a newborn and undergoing multiple surgeries to repair his heart.

Glaxo’s lawyers argued during the trial that there is not sufficient evidence to prove that use of Paxil caused Lyam’s birth defects.

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October 18, 2009

Statute of Limitations for Texas Yaz Product Liability Lawsuits

Yaz, manufactured by Bayer Healthcare Pharmaceuticals, Inc., is a combination birth control pill containing drospirenone and ethinyl estradiol. Yaz is marketed not only as a contraceptive pill, but as a proven treatment for premenstrual dysphoric disorder (PMDD), a condition with severe emotional and physical premenstrual symptoms. Yaz also is marketed as an effective treatment for moderate acne.

The YAZ birth control pill, manufactured and marketed by Bayer Pharmaceuticals has been linked to a number of serious, life-threatening side effects.

There is a limited period of time in which to bring a Texas Yaz lawsuit. This time period is referred to as a “statute of limitations”. If Yaz lawsuits are not filed before the statutory deadline you may lose the right to bring a claim for compensation.

A statute of limitations is a law that limits the amount of time a person has to file a lawsuit. There are several factors that affect the statutory deadline for filing your Yaz lawsuit. Some of these factors include:

The state where the injury occurred, the type of injury, the state where the lawsuit is filed, the age of the person bringing the lawsuit, whether the claim is a wrongful death lawsuit.

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October 17, 2009

Cargill Settles E. Coli Lawsuit with 11-year-old MN girl

The parents of an 11-year-old Minnesota girl who spent more than a month in the hospital because of an illness caused by an E. coli-contaminated hamburger have reached a settlement with Cargill.

According to Bill Marler, the attorney, the settlement with the parents of the young girl was reached and the terms of the settlement were not disclosed.

The girl became ill in 2007 after eating contaminated hamburger supplied by Cargill Meat Solutions Corporation. The hamburger meat was linked to an E. coli outbreak that led Cargill to voluntarily recall about 845,000 pounds of frozen ground beef patties.

According to Marler, she developed a syndrome that forced her to spend more than three weeks on kidney dialysis. Her medical bills added up to nearly $350,000, and she now has a high risk of developing end stage renal disease, Marler said.

Continue reading "Cargill Settles E. Coli Lawsuit with 11-year-old MN girl" »

October 16, 2009

Home Insurers Discontinuing Chinese Drywall Policies

The Ivory family's dreams of a relaxing retirement on Florida's Gulf Coast were put on hold when they discovered their new home had been built with Chinese drywall that emits sulfuric fumes and corrodes pipes. It got worse when they asked their insurer for help — and not only was their claim denied, but they've been told their entire policy won't be renewed.

Thousands of homeowners nationwide who bought new houses constructed from the defective building materials are finding that insurers drop policies or send notices of non-renewal based on the presence of the Chinese drywall.

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October 16, 2009

UC Medical Malpractice Case Settled for $6 M

A 4-year-old boy with cerebral palsy received a judge approved a $5.75 million settlement on his behalf.

Cannon Hoops got $1.75 million up front and another $4 million in annuities that are expected to pay for his medical and assistive care as well as future lost earnings over the rest of his life. The money was awarded by the University of California Board of Regents as a result of injuries the boy suffered when he was born in the UC Davis Medical Center.

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October 16, 2009

Yaz / Yasmin MDL Consolidation Update

A panel of judges ordered that all federal lawsuits over problems with Yaz and Yasmin birth control pills will be consolidated into an MDL, or multidistrict litigation, for pretrial proceedings in the Southern District of Illinois.

This is not a Yaz / Yasmin class action. Each Yaz lawsuit or Yasmin lawsuit will remain an individual claim and if a settlement is not agreed upon during pretrial litigation, each plaintiff will still have a jury will determine the amount of damages they are entitled to in their case.

Read the JPML Order here.

MDL No. 2100 -- IN RE: Yasmin and Yaz (Drospirenone) Marketing and Sales Practices and Products Liability Litigation -- Assigned To Southern District of Illinois.

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October 15, 2009

Deaths Linked To Yaz and Yasmin Birth Control Pill

It was August, 2008, when 24-year-old Tanya Hayes began to experience breathlessness and what her family described as a “nasty, hard cough.” Tanya ignored the symptoms until one afternoon when she collapsed in a car park in her hometown of Melbourne, Australia. Five hours later, she was pronounced dead of a pulmonary embolism.

According to the head of the emergency room that treated Ms. Hayes, her death was the result of “blood clotting caused by factors related to taking the oral contraceptive pill.”

What her family did not discover until later is that the fine print on the package of pills she was taking, known as Yasmin, lists “breathlessness” as a "very rare . . . very serious side effect.”

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October 15, 2009

Settlement For Philadelphia Apartment-Fire Litigation

Less than 14 months after a devastating apartment blaze along the Conshohocken riverfront set back one of the nation's most successful revivals of an aging town, a $36.3 million settlement has been reached to end all fire-related litigation.

Of that, $27 million will go toward rebuilding the two destroyed Riverwalk apartment buildings, which housed 189 units. The remainder will be shared among the displaced tenants, with amounts depending on individual losses.

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October 14, 2009

Cerebral Palsy Birth Injury Case Costs Hospital $43.5 M

In what is believed to be the largest personal injury lawsuit verdict in the history of the Capital Region, a state Supreme Court jury in Saratoga County awarded $43.5 million to a woman who sued the Bellevue Maternity Hospital in Niskayuna for severe brain damage she suffered during her birth in 1984.

Tiffany Busone, 24, of Schoharie County, sued the hospital for malpractice, arguing she suffered cerebral palsy as a result of a lack of oxygen and a failure to properly resuscitate her during her birth on July 15, 1984.

While Busone has above-average intelligence and earned a degree from Arizona State University, she uses a wheelchair and lacks motor skills due to the brain damage, the sources said.

The lawsuit, initially filed by the woman's mother, J. Tracy Busone, dates to 1984 when the family lived in Saratoga County.

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October 13, 2009

Glaxo Ordered to Pay $2.5 M for Paxil Birth Defect Lawsuit

GlaxoSmithKline Plc must pay $2.5 M over claims that its Paxil antidepressant caused birth defects, a Pennsylvania jury concluded in the first of 600 such cases to come to trial.

Jurors in state court in Philadelphia deliberated about seven hours over two days before finding Glaxo failed to properly warn doctors and pregnant users of Paxil’s risk. The panel awarded $2.5 million in compensatory damages to the family of Lyam Kilker. The 3-year-old was born with heart defects his mother blamed on the drug.

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October 13, 2009

Glaxo Ignored Paxil’s Birth-Defect Risks, According to Lawyer

GlaxoSmithKline Plc officials intentionally ignored the possibility that the Paxil antidepressant caused birth defects, a lawyer said in closing arguments of a trial over the drug. Glaxo researchers never followed up on studies showing Paxil posed a birth-defect risk for fear of harming sales,

The London-based drugmaker “made a concerted effort” not to study Paxil’s links to birth defects, Tracey said. Glaxo executives sought to “avoid doing studies that would have revealed the truth about their drugs,” he said.

The trial is the first of more than 600 cases alleging that Glaxo, the U.K.’s largest drugmaker, knew Paxil caused birth defects and hid those risks to increase profits.

The family of Lyam Kilker claims Glaxo withheld information from consumers and regulators about Paxil’s risks and failed to properly test the drug. Lyam’s mother, Michelle David, blames Paxil for causing her son’s life-threatening heart defects.

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October 13, 2009

Woman Settles for $7 M in Target Brain Injury Lawsuit

An 80-year-old woman has been awarded a $7 million settlement from Target Corp. and a mechanical door company after she was knocked to the ground by a faulty automatic door at a Target store in Rosemont in 2007, the woman's lawyers said in a statement.

The incident on June 21, 2007, caused Claire Putman brain injuries and resulted in "cognitive deficits," according to the statement from the law firm. Putman, whom records list as a Des Plaines resident, had to move into a nursing home because of her injuries.

According to the statement, Putman was walking into the Target at 7000 Mannheim Rd. when the door malfunctioned and knocked her to the floor, causing her to hit her head. She was then struck by the door again as it continued to open and close.

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October 13, 2009

Yasmin and Yaz Side Effects Were Concealed to Boost Sales

Two pension funds for firefighters and city employees in Pennsylvania have filed a lawsuit against Bayer, saying that the drug maker hid health risks and misrepresented the effectiveness of its popular birth control pills Yaz and Yasmin. The complaint joins hundreds of other lawsuits pending against the pharmaceutical company over problems with Yaz and Yasmin.

The Yaz / Yasmin lawsuit was filed in the U.S. District Court for the Eastern District of Pennsylvania by the Philadelphia Firefighters Union Local No. 22 Health and Welfare Fund, and the American Federation of State, County and Municipal Employees, District Council 47 Health and Welfare Fund. The funds accuse Bayer of unlawfully promoting Yaz to mislead investors about the value of the company, concealing the drug’s increased risks of blood clots, strokes, heart attacks, gallbladder disease, pulmonary embolisms and deep vein thrombosis (DVT).

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October 12, 2009

Chinese Drywall Personal Injury Cases Continue to Increase

When Bill Morgan, moved into his newly built dream home in Williamsburg, Va., three years ago, his hopes were quickly dashed. As reported in the New Times. Read the complete story here

His wife and daughter suffered constant nosebleeds and headaches. A persistent foul odor filled the house. Every piece of metal indoors corroded or turned black.

Mr. Morgan moved out. The headaches and nosebleeds stopped, but the ensuing financial problems pushed him into personal bankruptcy.

Mr. Morgan, like many other American homebuyers who tell similar tales of woe, is blaming the drywall in his new home — specifically, drywall from China, imported during the housing boom to meet heavy demand — that he says is contaminated with various sulfur compounds.

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October 11, 2009

Dartmouth Student Ski Personal Injury Lawsuit can Proceed

The College’s request to end a lawsuit filed after the death of Christina Porter ’06 was denied by a federal judge last week. Porter passed away on Jan. 16, 2005, less than a year after sustaining severe head injuries while taking a skiing class at the Dartmouth Skiway.

The court’s ruling came in response to Dartmouth’s request for summary judgment, in which the judge decides the case without a trial.

Porter was enrolled in a beginning ski class to complete her physical education requirement. During a lesson on Feb. 3, 2004, she skied into a tree and was rushed to Dartmouth-Hitchcock Medical Center. She remained in a coma for the next six months, and passed away the following January due to complications from her injuries.

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October 9, 2009

30 W.Va. National Guardsmen sue KBR over alleged chemicals exposure

Thirty members of the West Virginia National Guard filed a lawsuit in Marshall County Circuit Court, WVA, alleging that they were negligently exposed to a highly toxic chemical as they guarded a rebuilding project in Iraq in 2003.

The lawsuit contends that members of the Moundsville-based 1092nd Engineer Battalion of the West Virginia National Guard were deployed to the Qarmat Ali water plant near Basra from April to June 2003. The soldiers guarded the facility while KBR Inc. contractors repaired the plant.

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October 8, 2009

RI Orders Texas-based Southern Union to Pay $18 M in Mercury Storage Case

The Southern Union gas company was ordered to pay $18 million for illegally storing mercury waste, which was exposed to the public five years ago when vandals stole the hazardous liquid from a rundown building and spilled it at an apartment complex.

U.S. District Judge fined the Texas company $6 million and ordered an additional $12 million in payments to the community, saying it had committed a "serious crime" by storing liquid mercury at a neglected building in Pawtucket without the required permit.

"It must be enough to get the attention of other companies who might be doing the same thing," the judge said of his penalty.

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October 8, 2009

DWI: Wrongful Death Dram Shop Lawsuit AllegesThat Driver Plied With Liquor

The parents of a grad student killed by a drunken driver will file suit against the Queens cafe where her killer got liquored up before the horrific accident.

"All those responsible for the wrongful death should be held accountable," said lawyer Sanford Rubenstein, who represents the family of victim Panayiota Demetriou.

The lawsuit seeks unspecified monetary damages from the Cavo Cafe Lounge on 31st Ave. in Astoria for serving Daryush Omar alcohol "up to and past the point of intoxication."

Omar, 25, got behind the wheel of his car in the early-morning hours of Nov. 16, 2008, and later barreled through a red light.

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October 8, 2009

Glaxo Claims to Have Complied With FDA Rules on Paxil

GlaxoSmithKline Plc, the U.K.’s largest drugmaker, complied with all U.S. Food and Drug Administration regulations in testing and monitoring Paxil, according to a former employee for the agency.

Glaxo reported to the FDA on a regular basis and supplied animal toxicology studies that didn’t indicate the drug could cause birth defects, Judith Jones testified as an expert witness for the company. Jones spent eight years in the FDA’s post- marketing surveillance and drug safety group.

“The FDA was provided all of the reports that GlaxoSmithKline had received on a regular basis and they specifically did not identify a signal,” Jones told jurors in state court. “They provided all the necessary information to the FDA.”

Jones testified toward the end of the first trial over claims Paxil causes birth defects. Michelle David blames her Paxil use for her 3-year-old son’s life-threatening heart defects. She accuses the company of withholding information from consumers and regulators about the risk of birth defects and failing to properly test Paxil.

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October 7, 2009

Wrongful Death: Water-Drinking Radio Contestant

After drinking a gallon and a half of water, Jennifer Strange's thinking would have been so impaired by the time she left a radio station on the day she died that she might as well have been drunk, according to a doctor who testified.

If medical personnel had been on site at the time she left the studios of KDND "The End" 107.9, they could have advised her that she needed a doctor's care and she likely would have survived, Dr. George Alan Kaysen testified.

Kaysen said hyponatremia, or acute water intoxication, can be easily treated with an intravenous sodium drip.

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October 7, 2009

Teen's Fatal Overdose Blamed on Fentanyl Patch

For a 15-year-old, or anybody else, Michael Blankenship had already been through a lot when he arrived at Seattle Children's hospital for some routine dental work.

What left him dead, was the painkiller-laced patch -- meant to ameliorate chronic pain in cancer patients and others -- that was prescribed to Blankenship.

Discharged to his mother's home the day of the March 9 tooth extraction, Blankenship was found dead in his bed the following morning. According to a civil suit filed earlier this month in King County Superior Court, a medical examiner found Blankenship had died from a drug overdose caused by the fentanyl patch.

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October 6, 2009

$3.7M Awarded in Medical Malpractice Lawsuit

A WI Brown County jury awarded the survivors of a deceased farm worker $3.7 million in a medical malpractice lawsuit.

Gustavo Espinal-Santos died Jan. 1, 2004, after contracting blastomycosis, a fungal infection often transmitted through water or soil.

Espinal-Santos twice visited the Bellin Family Medical Center in Bonduel in December 2003 complaining of illness. Espinal-Santos was seen by physician assistants who determined he had pneumonia. He said they failed to run basic diagnostic tests, specifically X-rays.

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October 6, 2009

Bar And Insurance Company to Pay More Than $1M in Wrongful Death Case

The parents of a bicyclist who was struck and killed by a drunken driver in December 2006 have settled their lawsuit against the driver and the bar that served her for slightly more than $1 million.

Berky's agreed to pay Barbara Nordlund and Robert L'Ecuyer $1 million in the death of Paul L'Ecuyer, and Melissa Arrington's insurance company agreed to pay $25,000 — one day before the case was to go to trial in Pima County Superior Court, said plaintiff's attorney John Osborne.

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October 6, 2009

9/11 Workers Can Now Sue Over Illnesses

Thousands of sickened 9/11 recovery workers whose legal claims have been barred because of missed deadlines can now join a massive group suing New York City under a law signed by Gov. David A. Paterson, officials said.

The law immediately allows more than 3,000 Ground Zero workers to revive lawsuits that were thrown out by a federal judge in July on the technical ground that they were not filed within 90 days of the workers' conditions being diagnosed.

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October 6, 2009

Bayer Sued, Accused of Hiding Yaz Risk to Boost Sales

Bayer AG, Germany’s largest drugmaker, was sued by two Pennsylvania pension funds and accused of misrepresenting the safety and effectiveness of the Yaz contraceptive to boost sales.

Bayer unlawfully promoted the drug from March 2006 to March 2009 by concealing side effects including blood clots, heart attacks and pulmonary embolisms, two health and welfare funds for firefighters and city employees said in a federal court complaint made public today in Philadelphia.

The Yasmin family of birth control pills, known as Yaz, Yasmin and Yasminelle, were Bayer’s top-selling drugs last year, bringing in about $1.8 billion, a 17 percent increase over 2007.

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October 5, 2009

Jury Awards Plaintiff $9.5 M for Permanent Damage From Erectile Dysfunction Treatment

John Henry Howard, is brave -- Howard sued an Atlanta men's clinic after its erectile dysfunction therapy caused permanent damage to Howard's penis.

Before and during trial, Howard settled with two of the three named defendants. Boston Men's Health Center Inc. was the defendant hit with the verdict.

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October 4, 2009

Yaz and Yasmin: Get the Medical Facts

The New York Times reported September 25 on the controversy surrounding Yaz and Yasmin, two popular birth control pills (BCPs).

The controversy is a result of the marketing and manufacturing processes identified by the Food and Drug Administration. The major concern is whether these medications increase the risk of blood clots.

Yaz and Yasmin use both estrogens and progestins to prevent ovulation. Estimates are that at baseline about 1 women in 10,000 will have a blood clot this year; that number increases to about 3 women in 10,000 if they are taking BCPs.

Also the fact is that more than 50 women in 10,000 will get a blood clot due to pregnancy.

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October 3, 2009

Yaz/Yasmin Product Liability And Injury Lawsuits to be Consolidated in Illinois

Several lawsuits filed on behalf of women who were injured or killed by the popular birth control drugs Yaz and Yasmin will be consolidated into a multidistrict litigation group in the Southern District of Illinois, a federal judicial panel has ruled.

A total of 32 federal lawsuits have been filed against Bayer HealthCare Pharmaceuticals Inc., the maker of Yaz and Yasmin. The two contraceptives use different doses of the same hormone, drospirenone, which has been linked to increased levels of potassium in the blood and many user deaths and serious injuries.

From 2004 to 2008, there were at least 50 deaths in the United States associated with the use of Yaz, the Food and Drug Administration has said. Women taking the drug have reported suffering heart attack, stroke, pulmonary embolism, deep vein thrombosis and other types of blood clotting, and gallbladder disease.

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October 3, 2009

NJ Court Upholds $4.5M Judgment in Vioxx Case

The Supreme Court of New Jersey backed a $4.5 million award to the widow of a man who suffered heart problems after using Merck's painkiller Vioxx, ending of the last unresolved lawsuits related to the drug.

The court dismissed Merck's appeal and upheld the award in the case McDarby v. Merck, according to the law firm Weitz & Luxenberg. The firm said the ruling was issued on May 7. A jury found that Merck and Co. failed to warn patient John McDarby about Vioxx's cardiac risks, which later caused the drug to be taken off the market.

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October 3, 2009

Family of Cheerleader Files Wrongful Death Lawsuit Against Plastic Surgeon

The parents of an 18-year-old suburban Boca Raton cheerleader who died last year after breast augmentation surgery called for a ban on the use of general anesthesia at outpatient surgical centers.

Such centers are not equipped to deal with emergencies such as the one that ultimately killed their daughter Stephanie, both Joanne and Thomas Kuleba said during a news conference.

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October 1, 2009

Dallas Texas Asbestos Lawsuits

Asbestos lawsuits are filed by plaintiffs who have suffered as the result of asbestos-related illness. Plaintiffs in asbestos lawsuits can include the victims of asbestos exposure, or their families or loved ones. Defendants against asbestos lawsuits are those parties considered responsible for the asbestos exposure. In the past, targets of asbestos lawsuits have included:

* Employers
* Asbestos manufacturers
* Asbestos installers
* Landlords
* Leasing agents

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October 1, 2009

Yaz Lawsuit Alleges Pulmonary Emboli and DVT from Birth Control Pill

A new Yaz lawsuit was filed this week against Bayer Pharmaceuticals by a woman who alleges the popular birth control pill caused her to suffer pulmonary emboli and deep vein thrombosis (DVT), leaving her with permanent injuries.

Anna Butler of Kansas filed the product liability lawsuit in the U.S. District Court for the Eastern District of New York, which is at least the 75th federal lawsuit over Yaz or Yasmin oral contraceptives.

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October 1, 2009

Texas Cases to Test Time Limits on Medical Malpractice Lawsuits

Surgical sponges left inside two Texas women — but undiscovered for years — will test state laws that place fairly strict time limits on suing doctors and hospitals for malpractice.

One woman's lawsuit was thrown out because the sponge, so grown over with fibrous tissue that it could not immediately be identified, wasn't found for nine years, long after the two-year statute of limitations had expired.

The second woman's lawsuit survived, however, despite an 11-year gap between her hysterectomy and the sponge's discovery during exploratory surgery in 2006.

Both cases are before the Texas Supreme Court, which will decide whether their legal challenges should continue.

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September 30, 2009

Report Cites Lack of Precautions in 2008 Sugar Plant Fire

A huge fire last year at a sugar refinery near Savannah, Ga., that killed 14 workers and injured 36 more was “entirely preventable,” a federal official said Thursday as the results of an investigation into the fire’s causes were released.

The owner of the plant, the Imperial Sugar Company, and the plant’s managers knew for decades about the hazards of sugar dust but failed to take the necessary precautions, according to the report, issued by the Chemical Safety Board, which investigates industrial chemical accidents.

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September 30, 2009

Jury Decides Wyeth’s Prempro Caused Woman’s Cancer

Wyeth’s hormone-replacement therapy drug Prempro caused an Illinois woman’s invasive breast cancer and she deserves $3.7 million, a jury decided in Philadelphia, without yet deciding whether the company was at fault and should pay her.

Jurors deliberated about two hours and 15 minutes before concluding that Wyeth’s drug was a proximate cause of Connie Barton’s breast cancer. Barton, 64, was diagnosed with cancer in 2002, five years after she began taking Prempro to treat menopausal symptoms.

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September 29, 2009

Court Approves $24 M Wrongful Death Settlement Involving Chrysler Pickup

The bankruptcy court judge overseeing certain Chrysler assets has approved a $24 million settlement in the death of a California longshoreman run over by a Dodge pickup.

The settlement comes more than two years after a Los Angeles Superior Court jury awarded damages of more than $55 million to the family of Richard Mraz. The family argued the automaker had failed to fix and adequately warn consumers about a transmission defect that made it appear trucks were in park position, when they actually were between gears.

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September 28, 2009

Yaz Yasmin Users Can Develop Serious Gallbladder Disease

Women taking Yaz as a form of birth control or to treat other conditions have suffered devastating gallbladder disease, in addition to increased risks of heart attacks, stroke, and blood clots.

In some cases, Yaz users have been forced to undergo painful surgeries to remove their gallbladder due to the formation of gallstones and other complications.

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September 28, 2009

Birth Control Pill YAZ Is Subject Of Ongoing Safety Study

YAZ (3 mg drospirenone/20 mcg ethinyl estradiol) is an oral contraceptive (OC) which is the first pill to combine 20 mcg of ethinyl estradiol (EE) with the so-called "fourth generation" progestin drospirenone (DRSP). YAZ was approved by the FDA in March 2006.

A study called the International Active Surveillance Study of Women Taking Oral Contraceptives (INAS-OC), which was started in August 2005 and continues to date, is intended to evaluate the risk of those cardiovascular side effects for women who use DRSP/EE birth control pills like YAZ.

The study was funded with an unrestricted grant from Bayer Schering Pharma AG. Dr. Dinger has disclosed no relevant financial relationships.

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September 28, 2009

Dutch Study Reports Yaz DSRP Ingredient Increases Blood Clot Risk

A new study has found that the type of progestin used in the Yaz birth control pill is associated with more blood clots than other forms of the hormone. The study is published in the British Medical Journal (BMJ).

Lawsuits have been filed around the U.S. by women who say they suffered serious side effects from Yaz.. The women involved in these lawsuits claim they experienced serious blood clots, including deep vein thrombosis and pulmonary embolism, as well as strokes. Yaz has also allegedly been associated with heart attacks and deaths in young women

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September 28, 2009

Prozac and Antidepressants in Pregnancy Increases Heart Defect Risk

If you take antidepressants such as fluoxetine (marketed as Prozac) early in your pregnancy, you may be doubling the risk that your newborn will be born with a heart defect, according to a new study.

However, the vast majority of children born to women who take such antidepressants - known as selective serotonin reuptake inhibitors (SSRIs) - do not have such defects, the researchers are quick to note.

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September 28, 2009

FDA Seeks Outside Review of Medical Device Approvals

The Institute of Medicine will study a U.S. Food and Drug administration program that gives fast-track approval to certain medical devices.

Consumer watchdog groups, lawmakers and others have criticized the FDA for using the accelerated approval process for more products than Congress originally intended, leading to problems with devices after they are sold.

Expedited reviews of devices shown to be similar to existing products allow companies to get products to market more quickly and with less expense.

The study of the program by the institute, part of the National Academies, was required by a 2007 law, but the FDA said on Wednesday that the results would not come until March of 2011.

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September 27, 2009

California Jury Awards $49 M to Car Accident Victim

A Santa Clara County jury this week awarded a former college student more than $49 million in damages, finding that two truckers and state transportation officials were to blame for a 2007 accident on Highway 152 that left him permanently brain damaged.

In one of the county's largest personal injury verdicts in years, the jury sided with plaintiff Drew Bianchi, a 23-year-old Bakersfield man whose attorney presented evidence during a five-week trial that reckless driving by truckers on the perilous Pacheco Pass cost him a chance to go to medical school and left him needing round-the-clock medical care for the rest of his life.

Before the trial, the California Department of Transportation also agreed to pay Bianchi $10 million to settle claims against the state that were based on allegations that steps were not taken for years to correct safety issues on Highway 152.

One trucking company settled with Bianchi for $2 million, bringing total damages in the case to more than $60 million.

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September 27, 2009

Merck Paying More Than 3,100 Death Claims in Vioxx Settlement

Merck & Co. is paying claims by the families of more than 3,100 users of its Vioxx painkiller who died of heart attacks or strokes blamed on the drug, according to a law firm administering a $4.85 billion settlement fund.

The fund will pay about 3,000 claims for heart attack deaths and at least 122 strokes, according to BrownGreer LLP, a claims administrator appointed by both sides. Merck introduced Vioxx in 1999 and withdrew it in 2004 when a study showed the drug doubled the risk of heart attacks and strokes. Merck set up the fund, which covers claims of death and lesser injuries, in 2007 after reserving $1.9 billion to fight 26,600 Vioxx suits.

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September 27, 2009

Paxil and Heart and Lung Birth Defects

New studies point to an increased risk of Paxil birth defects in babies whose mothers use the antidepressant during pregnancy.

According to the findings of two studies, women who were taking Paxil during their first trimester were one and a half to two times more likely to have a baby with a heart defect than women who were taking other antidepressants or women of the general population.

A later study found that women who took Paxil at 20 weeks or later were six times more likely to have a baby with a rare birth defect known as persistent pulmonary hypertension, or PPHN.

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September 26, 2009

Bayer Yaz Death Probed By Swiss Agency

Bayer AG, Germany’s largest drugmaker, said its Yaz contraceptive is part of an investigation by a Swiss health regulator into the death of a young woman who took the pill.

The Swissmedic agency and an investigative judge are looking into the case of the woman, who died from the effects of pulmonary embolism, Bayer’s Swiss health unit said in a statement posted on its Web site yesterday. Bayer is cooperating with the authorities, the company said.

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September 26, 2009

Bayer and Lawsuits Involving Yaz and Yasmin

As Reported in the NY Times. Read the full article here.
The oral contraceptives Yaz and Yasmin are the top-selling pharmaceutical line for Bayer HealthCare, largely as a result of marketing that presents them as much more than mere pregnancy prevention.

Yaz, in particular, the top-selling birth control pill in the United States, owes much of its popularity to multimillion-dollar ad campaigns that have promoted the drug as a quality-of-life treatment to combat acne and severe premenstrual depression.

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September 26, 2009

Missouri Hog Lawsuits and Toxic Environmental Pollution

A faint rotten-egg smell drifts off a covered lagoon a hundred yards from a well-traveled Missouri gravel road.

This is battleground -- ground zero in what some see as a high-stakes fight for the future of Missouri agriculture.

But in Kansas City law offices 80 miles away, combatants prepare for another showdown over the smells drifting from this 80,000-head hog operation.

Is the stench an obnoxious affront to neighbors or simply the "odor of agriculture" that comes with life in the country?

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September 25, 2009

Update: Paxil Heart Birth Defects and PPHN Lawsuits

In 2003, GSK initiated a retrospective analysis of women, dating back to 1995, who had taken antidepressants in the first trimester of their pregnancies and had given birth to children with major congenital malformations. The study found an association between Paxil and congenital malformations in mothers taking Paxil in the first trimester.

Another study conducted by researchers in Denmark and published in Pharmacoepidemology and Drug Safety in 2005 showed a more than 2-fold increase for congenital malformations in women taking Paxil compared to other antidepressants.

In September 2005, GSK sent out a "Dear Doctor" letter informing physicians throughout the United States that the results of its analysis showed a higher rate of "congenital malformations associated with the use of Paxil as compared to other antidepressants" in infants born to women taking antidepressants during the first trimester of pregnancy.

The FDA has issued three Public Health Advisories since December 2005 concerning the risk of congenital heart defects and has changed Paxil’s pregnancy category from C to D, which indicates that "[t]here is positive evidence of fetal risk."

Continue reading "Update: Paxil Heart Birth Defects and PPHN Lawsuits" »

September 25, 2009

Yaz Birth Control Link to Embolism Investigated

Switzerland's medicines supervisor has said it will investigate allegations an oral contraceptive contributed to a fatal lung embolism in a woman.

The embolism occurred ten months after the woman starting taking Yaz birth control pills produced by German firm Bayer. She died in mid-September. Swissmedic announced on Friday it would look into suspicions of a possible link.

Bayer could not comment on the case but said it would take any possible link seriously. It expressed sympathy with the woman's family, saying her death was tragic regardless of whether there was a connection to its contraceptive pill.

Continue reading "Yaz Birth Control Link to Embolism Investigated" »

September 25, 2009

Overuse of Denture Cream with Zinc Leads to Lawsuits

When he began getting weak, 61-year-old Ronald Beaver figured he might just be feeling his age. Eventually his problem was traced to a serious blood disorder caused by low levels of copper.

It wasn't until several weeks later — after the man from Tamarac, Fla., started getting daily doses of copper — that Beaver's doctor mentioned that getting too much zinc can trigger loss of copper.

The only source of that much zinc they surmised was the tubes of PoliGrip denture cream he had been overusing for a decade.

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September 24, 2009

Oklahoma to File Lawsuit Against Big Poultry

Oklahoma brought a pollution lawsuit in 2005 against the Arkansas poultry industry, suggesting the threat of legal action may have spurred the companies to do better at policing themselves.

''The water quality is getting better, and this year, especially, we had very little algae,'' said Archie ''Trey'' Peyton III, 35, a former environmental consultant.

''There's got to be a reason for that, which to me it follows that the last two years that most of the poultry litter in this region has been trucked out. But it looks to me like that's making an impact on the river,'' Peyton said.

But Oklahoma says the industry needs to do more, and its closely watched case against 11 companies -- including food giants Tyson Foods Inc. and Cargill Inc. -- goes to trial Thursday.

It's been a long-standing practice among poultry farmers in the Illinois River watershed to spread their chickens' droppings on their fields. But as big business took over the production of broilers, the amount of waste being spread on local fields ballooned -- to an estimated 345,000 tons annually in recent years, according to Oklahoma.

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September 23, 2009

AstraZeneca Denied Seroquel’s Diabetes Link Years After Warning

An AstraZeneca Plc saleswoman told a U.S. doctor the antipsychotic Seroquel didn’t cause diabetes almost four years after the company warned Japanese physicians about the drug’s links to the disease, internal documents show.

Nancy White, the saleswoman, and a colleague met with an unidentified doctor in July 2006 who reported “getting a lot of flak” from patients about Seroquel’s diabetes links, according to a note unsealed as part of a lawsuit.

AstraZeneca wrote in November 2002 to Japanese doctors that it received a dozen reports of diabetes-related cases tied to Seroquel “where causality with the drug could not be ruled out.”

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September 23, 2009

Texas Yaz, Yasmin and Ocella Birth Control Lawsuit Update

Yasmin (also known as Yaz/drospirenone/ethinyl Estradiol. Generic : Ocella) is a birth control pill developed and manufactured by Bayer, AG. The medicine works by disrupting a woman's natural menstrual cycle and providing a daily dose of hormones to regulate a new menstrual cycle.

Bayer AG has been involved in a few discussions with the Food and Drug Administration over questionable advertising campaigns seeming to suggest that Yasmin/Yaz has less side effects than other contraceptive medications.

Recent reports indicate that dangerous side effects could occur in women with preexisting conditions such as high blood pressure, diabetes, or obesity.

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September 23, 2009

Medical Malpractice: Hospital Negligent in Wrongful Death Lawsuit

A Brooklyn man brought to Maimonides Medical Center with chest pains in July 2008 endured what his family now calls a tragedy of errors that led to his death.

Jacob Goldbrenner was sent to the Brooklyn hospital's cardiac catheterization lab so doctors could treat his ailing heart. But they couldn't find the key to the lab.

They couldn't locate an anesthesiologist. And then one doctor couldn't even find the lab itself, according to a lawsuit filed last week in Brooklyn Supreme Court.

Minutes turned to hours as the 52-year-old clothing salesman's condition worsened.

"We all felt a sense of desperation and frustration," said Baruch Goldbrenner, 27, who watched his father's health deteriorate.

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September 22, 2009

Jury Awards Family more than $11 M in Texas Motor Speedway Lawsuit

A Tarrant County jury has awarded more than $11 million to the family of a boy who was seriously injured after being struck by a car driven by another child in the parking lot at Texas Motor Speedway.

The parents of Ryan Davies, who was injured in 2006, sued the speedway after an accident left the boy with traumatic brain injuries that limit his mobility and mental capacity.

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September 21, 2009

Paxil-Linked Birth Defects Alarmed Glaxo in 1997

GlaxoSmithKline Plc’s scientists were alarmed by a rising number of birth defects among pregnant women taking the antidepressant Paxil in 1997, according to internal documents revealed in a trial in Philadelphia.

There was a 13.3 percent rate of incidence for congenital abnormalities as of November 1997, according to the documents presented by lawyers for the family of an injured child suing the company.

“Taken at face value this presents an alarming finding,” according to the internal report. That language was later deleted, the documents show. The information was never submitted to the U.S. Food and Drug Administration, former FDA doctor Suzanne Parisian told jurors Sept. 18.

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September 21, 2009

Dioxin levels high in Vietnam near US base

New environmental tests confirm extremely high levels of dioxin, the toxic ingredient of Agent Orange, in people, fish and soil near a former U.S. air base where American troops stored the herbicide during the Vietnam War.

"Time is of the essence" to finish cleaning up the site, now home to the Danang airport, where dioxin levels in the soil, sediment and fish were 300 to 400 times higher than internationally accepted levels, the survey by the Canadian environmental firm Hatfield Consultants said.

The survey also found that temporary containment measures jointly implemented by the U.S. and Vietnam in 2007 have apparently resulted in lower dioxin levels in people who live near the site.

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September 20, 2009

Women Should Take Safest Birth-Control Pill

Doctors should prescribe the birth- control pills that are the least likely to cause blood clots, according to a study of more than 3,000 women published in the British Medical Journal.

Oral contraceptives containing levonorgestrel and a low dose of estrogen, such as Bayer AG’s Microgynon 30, were associated with the lowest risk of blood clots in the leg or lungs, researchers at Leiden University Medical Center in the Netherlands found. Birth-control pills containing desogestrel, cyproterone acetate or drospirenone carried about 1.5 to 2 times the risk of clots, they found.

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September 20, 2009

Oral Contraceptives History and Facts

Forty years ago, on September 4, 1969, the Food and Drug Administration (FDA) declared the new birth control pill to be “safe” for use by women to regulate births.

Forty years later, the true safety of oral contraception is still in question.

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September 19, 2009

Pennsylvania to be Center of State Court Yaz, Yasmin and Ocella Birth Control Litigation

Judge Sandra Mazer Moss, Philadelphia Court of Common Pleas, consolidated all lawsuits filed in Philadelphia that involve Bayer's popular birth control pills, commonly known as Yaz, and Yasmin. Philadelphia is likely to be the country's center for state court litigation involving this widely used birth control pill.

The lawsuits allege that Yaz and Yasmin have risks beyond those of traditional birth control pills, because they contain DRSP (drospirenone), and that Bayer over-promoted the drug without disclosing risks. Bayer was warned by the FDA, in the fall of 2008, that Bayer's television ads were misleading and were not disclosing these additional risks.

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September 19, 2009

Pfizer Says Lawsuit Consultant Tried to Sway Witness

- Pfizer Inc., the world’s biggest drugmaker, said a consultant to plaintiffs’ attorneys in lawsuits over its epilepsy drug Neurontin tried to tamper with a prospective witness.

Dr. David Egilman, a Brown University medical professor, “improperly contacted” the treating physician of a Massachusetts man whose family claims he killed himself after taking the drug, Pfizer said in a court filing. Pfizer asked the judge to punish Egilman for sending a sealed document to the doctor. Pfizer faces a trial in this case, brought by the family of Hartley Shearer, in March.

Egilman’s letter to Shearer’s doctor was “a transparent attempt to taint her perceptions of Pfizer shortly before her deposition,” Pfizer said. Egilman enclosed “a confidential internal e-mail between Pfizer employees,” along with other documents, in his letter to Dr. Lisa Catapano-Friedman, the company said.

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September 18, 2009

Glaxo Linked Birth Defect of Fetus to Paxil

Officials of GlaxoSmithKline Plc, the U.K.’s largest drugmaker, said in 2001 that a birth defect in the fetus of a woman taking its Paxil antidepressant likely was linked to the drug, according to court testimony.

After analyzing a 2001 e-mail from a Paxil user who aborted her fetus because it had a heart defect, Glaxo officials noted in company files they were “almost certain” the drug was related to the problem, Jane Nieman, a former Glaxo drug-safety executive, told a Pennsylvania jury.

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September 18, 2009

GlaxoSmithKline to Defend Paxil in Birth-Defect Case

GlaxoSmithKline Plc, the world’s second-biggest drugmaker, begins a trial in Philadelphia in what may be a test case for more than 600 lawsuits over claims its antidepressant drug Paxil causes birth defects.

Patients and their parents claim internal company documents produced for trial show Glaxo failed to warn about the risks of Paxil until forced to do so in 2005 by the U.S. Food and Drug Administration. In a trial set for Sept. 14, Michelle David blames the drug for causing life-threatening heart defects in her son Lyam Kilker, 3.

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September 17, 2009

FDA Requires Strong Amputation Warning on Promethazine

Makers of injected promethazine, a sedative also used to treat nausea and vomiting, are being required to put the strongest warning possible on the product because it can cause tissue damage leading to amputation, the Food and Drug Administration said Wednesday.

The drug, previously sold by Wyeth Pharmaceuticals Inc. under the brand name Phenergan, was at the heart of a U.S. Supreme Court case this spring that ended in a ruling that consumers harmed by a medication approved by the FDA still have the right to sue the manufacturer.

Wyeth had appealed the case up to the Supreme Court after a Vermont woman named Diana Levine, who once played the guitar and piano professionally, sued because she had to have her right arm amputated after being injected with Phenergan. Levine's lawsuit, which claimed she wasn't sufficiently warned of the risks of using Phenergan, won her a $6.7 million jury award.

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September 16, 2009

Glaxo Withheld Paxil Birth-Defect Data, Witness Says

GlaxoSmithKline Plc, the world’s second-biggest drugmaker, withheld birth-defect data tied to its antidepressant drug Paxil from physicians as the number of reports grew, a psychiatrist testified.

Doctors seeking information about birth defects linked to Paxil originally got the total numbers of side-effect reports about the issue from Glaxo, Dr. David Healy, a professor at Cardiff University in Wales, told a Pennsylvania jury today. He’s testifying on behalf of a family suing over a child born with heart defects allegedly caused by the drug.

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September 15, 2009

Glaxo Executive’s Memo Suggested Burying Drug Studies

An executive of GlaxoSmithKline Plc, the world’s second-biggest drugmaker, talked about burying negative studies linking its antidepressant drug Paxil to birth defects, according to a company memo introduced at a trial.

“If neg, results can bury,” Glaxo executive Bonnie Rossello wrote in a 1997 memo on what the company would do if forced to conduct animal studies on the drug. The memo was read during opening statements in the trial of a lawsuit brought by the family of a child born with heart defects.

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September 15, 2009

Glaxo E-Mails Over Paxil Study Must Be Turned Over

GlaxoSmithKline Plc’s e-mail with researchers studying birth defects allegedly caused by the drugmaker’s antidepressant Paxil must be turned over to a family suing over the drug.

U.S. District Judge Nancy Gertner in Boston refused to block William Seale’s family from reviewing e-mails and other communications between Glaxo and Boston University researchers over Paxil’s birth-defect risks.

The 1-year-old, whose pregnant mother took the antidepressant, died in 2004 after three surgeries to address heart defects, according to court filings.

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September 15, 2009

FDA Warns Bayer Maker of Yaz and Yasmin

U.S. health regulators have warned drugmaker Bayer over quality control issues at a plant that makes the key ingredient in Yaz and other popular birth control drugs.

In a warning letter posted online Tuesday, the Food and Drug Administration said its inspectors uncovered testing problems at the company's plant in Berghamen, Germany, during a March visit.

FDA inspectors said the company measured the quality of its drug ingredients based on an average of several samples, instead of reporting individual tests results.

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September 14, 2009

Utah Supreme Court Says Insurer Has to Pay Malpractice Policy

After years of legal wrangling, a 12-year-old Eureka, Utah boy who suffered brain damage at birth is a step closer to getting money to help compensate for his injuries.

The Utah Supreme Court on Tuesday ruled an insurance company cannot invalidate the medical malpractice policy of the obstetrician who made a failed attempt to deliver the boy with forceps. Under that decision, The Doctors' Company (TDC), an insurance company based in Napa, Calif., remains responsible for an almost $1.3 million jury verdict in favor of Athan Montgomery. With interest, the total could top $2 million.

The insurer has argued for years that it should be excused from defending the doctor or paying any judgment on his behalf.

David Biggs, an attorney who represents Athan and his family, said: "We are pleased beyond measure that finally, this young child, now a young man, might be compensated for the medical malpractice that took place so many years ago."

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September 13, 2009

Merck Lawsuit Over Fosamax ends in Mistrial

A lawsuit alleging that Merck & Co's osteoporosis drug Fosamax caused jaw damage ended in a mistrial on Friday .

U.S. District Judge John Keenan declared the mistrial two days giving the New York jury considering the case a "cooling off period" in light of supposed acrimony among jurors.

A Merck lawyer on Wednesday referred to an "unsubstantiated claim" of a chair being thrown in the jury room.

Merck faces lawsuits involving almost 900 cases by patients who say the use of Fosamax causes osteonecrosis of the jaw, or the death of jawbone tissue. The trial is Merck's first over the drug

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September 12, 2009

Kugel Mesh Patches and Hernia Surgery Side Effects

The Kugel Mesh Patch, a medical device that was commonly used in surgeries to repair hernias, was recalled in 2005, 2006, and again in 2007 after patients suffered painful bowel perforations and other chronic injuries. The patch, placed inside the body following hernia-repair surgery to prevent tearing or the formation of scar tissue, had a tendency to break or move around inside the body, causing tears between the intestines and other digestie organs, such as the bladder and rectum.

The Kugel Mesh Patch injuries were caused when the “memory recoil ring,” which opened the oval patch so it could lay flat after it was inserted into the body through a narrow incision, broke.

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September 11, 2009

Family of Texas Musician Who Died On Stop-Smoking Drug Chantix Sues Maker

Relatives of a Texas musician who died in 2007 after acting bizarrely while taking the smoking-cessation drug Chantix have filed a lawsuit against the drug’s maker, Pfizer, accusing the company of failing to warn of suicidal thoughts and other dangerous psychiatric side effects associated with the medication.

The death of Carter Albrecht on September 3, 2007 became an example of reports of dangerous complications seen in people taking Chantix. Albrecht, a well-known Dallas musician and member of Edie Brickell & the New Bohemians, was fatally shot by a neighbor after the guitarist started banging on the windows of the neighbor’s house in the middle of the night.

Albrecht’s family claimed the strange and violent behavior was totally out of character for Albrecht and blamed his condition on Chantix, which caused severe hallucinations, vivid nightmares, and violent, unpredictable behavior.

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September 11, 2009

Flip Over Handlebars Leads Bike Rider to File Product Liability Suit

While riding his bicycle, Scott Warren says he was thrown over the handlebars and onto the pavement when the pedal suddenly broke.

Warren filed a product liability lawsuit against Pacific Cycle, Dorel Industries Inc, Catic Bicycle Co., and Whole Man Enterprise Co. on Dec. 15, 2008, in the 366th judicial district of Collin County. The defendants removed the case to the Sherman Division of the Eastern District of Texas on Sept. 2.

Warren was riding a Mongoose Placid bicycle that he purchased in November 2005.

He argues that the defendants were negligent in failing to design the bicycle so that the pedal crank would not break and negligent in the manufacture of the bicycle. Further, the plaintiff claims the defendants were negligent for not warning that the pedal might suddenly and unexpectedly break.

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September 10, 2009

Merck Loses Bid to Dismiss 24 Fosamax Lawsuits

Merck & Co. lost a legal bid to dismiss 24 lawsuits claiming its osteoporosis drug Fosamax causes ‘jaw death’ in patients who took the medicine for fewer than three years.

U.S. District Judge John Keenan in New York, in a ruling released today refused to dismiss the lawsuits, saying that whether there is a three- year threshold is a “genuine issue of fact for trial.” The plaintiffs claim Fosamax causes osteonecrosis of the jaw, or ONJ.

“This simply reflects what’s been known in the science for a while now, that there is no magic window where a patient can be automatically said to be safe from developing ONJ after beginning Fosamax,” Tim O’Brien, one of the plaintiffs’ lawyers, said of Keenan’s ruling.

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September 10, 2009

Miss. Chinese Drywall Lawsuits Filed Post-Katrina

Chinese drywall could become the new asbestos - a building substance that's the target of a growing number of lawsuits.

About 150 lawsuits already have been filed over Chinese drywall, including about a dozen in Mississippi, and the number is growing almost daily, based upon federal court records. The cases will be consolidated into a class-action lawsuit in federal court in New Orleans.

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September 9, 2009

Mistrial Possible in Merck Fosamax Case

A U.S. judge said he would declare a mistrial in a case against Merck & Co over its Fosamax osteoporosis drug if a jury could not reach a unanimous verdict by the end of business on Friday.

U.S. District Court Judge John Keenan in New York was responding to a motion for mistrial on Wednesday by a lawyer for a Florida woman who sued the drug company, claiming Fosamax caused damage to her jaw.

Lawyer Timothy O'Brien, representing 71-year-old Shirley Boles of Walton Beach, Florida, told the court that notes from one woman juror indicated she felt intimidated or threatened.

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September 8, 2009

Yasmin and Yaz Blood Clots Lawsuits

The YAZ birth control pill, manufactured and marketed by Bayer Pharmaceuticals has been linked to a number of serious, life-threatening side effects. Yaz, which is nearly identical to Yasmin birth control, is a newer type of oral contraceptive sold by Bayer. It has been aggressively marketed without adequate warnings about potentially life-threatening side effects.

Yaz, a birth control pill linked to blood clots, heart attacks and strokes, has been the subject of a misleading marketing campaign.

Deceptive Yaz commercials prompted the Food & Drug Administration (FDA) to issue Bayer a warning letter, and the company was forced to correct its false advertising.

Bayer's Yaz campaign not only made false claims about the benefits of the drug, it also downplayed the serious side effects - including life-threatening blood clots - known to be associated with Yaz. Because of Bayer's false advertising, millions of women took Yaz without being fully aware of the drug's health risks.

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September 7, 2009

Yaz Yasmin MDL Hearing Set for September 24, 2009

The hearing on the Petition to consolidate the Yaz, Yasmin and Ocella product liability litigation in the Northern District of Ohio has been set for September 24, 2009 in Richmond, Virginia.

The hearing will be held before the Judicial Panel on Multi -District Litigation. If the case is consolidated as an "MDL" case it will be sent to a single judge for case management purposes. For a detailed explanation of the workings and purpose of an MDL you may go to our earlier blog article.

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September 7, 2009

Dallas Attorney Plans to Reopen 15 Toyota Lawsuits

A Dallas attorney says he will file Tuesday to reopen 15 lawsuits involving rollover accidents as a result of allegations by a former Toyota lawyer that the company withheld or destroyed crash safety data it should have disclosed in up to 300 civil lawsuits.

Lawyer Todd Tracy says he will seek to reopen the cases on the basis of fraud and racketeering if Toyota (TM) deleted or didn't hand over files as required.

Tracy is one of several lawyers revisiting cases in light of allegations made by former Toyota lawyer Dimitrios Biller in his suit against the company. He was involved in cases involving rollovers. Lawyer Richard McCune of Redlands, Calif., filed last week to reopen two cases and sought class-action status. Attorney Tab Turner of Little Rock says he's watching to see if it makes sense to reopen some of his rollover cases.

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September 6, 2009

6 Southern California Hospitals Fined For Serious Violations

The state orders the medical centers to pay $25,000 each in administrative penalties for incidents that in some cases led to death or injury.

Six Southern California hospitals have been fined $25,000 each in administrative penalties for serious violations that, in some cases, led to death or serious injury, according to state Department of Public Health officials.

Children's Hospital of Orange County was fined because its nursing staff failed to ensure appropriate drainage after a child's neurological procedure in November, an oversight that led to severe brain injury.

Dr. Maria Minon, the hospital's chief medical officer, said the hospital "very much" regrets the incident and has adjusted protocols for patient care, increased staff training and added layers of checks and balances to minimize the chance of it occurring again.

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September 6, 2009

Yasmin/Yaz Side Effects: Gallbladder Stones and Disease

Yaz gallbladder disease information and the latest news for women who have suffered from gallstones and Yaz birth control.

In addition to the other injuries caused by birth control pills Yasmin, Yaz and Ocella (including pulmonary embolism, deep vein thrombosis, pancreatitis, stroke, and heart attack), Yaz drug injury lawyers are investigating gallbladder problems.

Doctors and the medical literature report an increase in gallbladder disease among otherwise healthy adults (including young adults), and the only connection appears to be that these women are all taking one of these drospirenone-containing birth control medications.

Doctors speculate that Yaz can increase cholesterol levels in bile while simultaneously decreasing gallbladder contractions, leading to gallstones. This leads many women to have their gallbladder removed (cholecystectomy).

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September 5, 2009

Yaz Lawsuits and Side Effects

Yasmin/Yaz have been associated with deep vein thrombosis (blood clots), pulmonary embolism, strokes, heart attacks and, as a result of these health consequences, death.

Yasmin/Yaz lawsuits allege product liability, negligence and failure to warn claims against Bayer. There has been in recent months new medical articles have come out regarding Yasmin and Yaz.

Below is a summary of what is out there. The venous thrombotic risk of oral contraceptives, effects of oestrogen dose and progestogen type: results of the MEGA case-control study, BMJ 2009;339:b2921.

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September 5, 2009

Broken-Nosed Fan Assumed Injury Risk During Pregame Warm-Up

Every baseball fan -- or at least every attorney who follows baseball -- knows that under the doctrine of assumption of the risk a team is not liable for fans injured by, say, foul balls or broken bats.

Now, in a suit filed by a fan whose nose was fractured by a bat at a Brooklyn Cyclones game, a Brooklyn judge has ruled that the doctrine also extends to a bat "propelled" by a player either "warming up" or "horsing around."

"Among the dangers to which a baseball spectator has consented to is the danger that a loose baseball bat will strike a spectator and cause injury," Supreme Court Justice Mark I. Partnow held in Elie v. City of New York, 20244/03.

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September 5, 2009

Trial Set For January 2010 on Chinese Drywall

A federal judge presiding over hundreds of lawsuits against Chinese drywall makers and installers said Thursday that he plans to hold the first trial in January 2010 for the cases, which claim the imported products emit sulfur, methane and other chemical compounds that have ruined homes and harmed residents' health.

U.S. District Judge Eldon Fallon told attorneys that he expects them to pick six plaintiffs whose cases could be tried in early 2010, with the first trial starting in January.

Kerry Miller, a lead lawyer for companies named as defendants in the suits, said defense attorneys may need more time to prepare for the first batch of bellwether trials. Russ Herman, a lead plaintiffs lawyer, said he supports Fallon's scheduling plan.

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September 4, 2009

Number of Implicated Chinese Drywall Manufacturers Increases.

The number of Chinese drywall manufacturers responsible for corrosion and potential health problems plaguing U.S. homeowners may be about to increase substantially.

With the first set of home inspections about to begin in the massive combined Chinese drywall litigation playing out in New Orleans, lawyers involved in the case were told to document the different identifying markings on wallboard found in affected homes.

On Thursday, they revealed that 36 separate variations of tainted drywall have been found -- a much higher number than previously disclosed.

While some manufacturers may have more than one way of marking their product and some markings were stamped by distributors, the three dozen variations opens the door to a host of new companies publicly joining the mix.

Continue reading "Number of Implicated Chinese Drywall Manufacturers Increases." »

September 4, 2009

Update: Fosamax Lawsuit Goes to Jury

Drug executives, product liability lawyers and Wall Street analysts are closely watching a jury trial in New York over medical problems associated with Fosamax, a drug from Merck that has been taken by millions of women to offset the bone loss associated with menopause.

It is the first of about 900 state and federal cases pending against Merck in which plaintiffs claim that taking Fosamax caused them to develop a rare problem called osteonecrosis of the jaw.

Dental surgery is one of the triggers for the condition that can break down jawbone tissue, causing the gums to fall away and expose bone that looks moth-eaten, oral surgeons said.

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September 4, 2009

Family of Man Killed by Taser Files Wrongful Death Lawsuit

The family of a mentally ill man who died after he was shocked twice with a Taser fired by a Fort Worth police officer filed a federal lawsuit against the city and the police officer.

In the lawsuit, filed Monday in U.S. District Court in Fort Worth by the parents of Michael Patrick Jacobs Jr., the family is suing for damages in excess of $75,000 from the city and Cpl. Stephanie A. Phillips, the officer who deployed the Taser. Jacobs, 24, died in police custody April 18.

Last week Tarrant County Medical Examiner Nizam Peerwani ruled Jacobs’ death a homicide, saying that his death was caused after being shocked by the Taser for 54 seconds, "overstimulating his nervous system." A Taser issues 50,000 volts with each shock that can temporarily immobilize a person.

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September 3, 2009

Wrongful Death Lawsuit Filed After Man Died During Nudist Party

The widow of a man who drowned during a nudist party at a Penn Hills pool in 2007 has settled a wrongful death suit brought against the pool owner for $246,000.

The family of Ronald E. Daugherty sued Olympic Swim and Health Club earlier this year in Allegheny County Common Pleas Court, saying the facility violated state law by not providing a lifeguard for a party held by the West Penn Naturist nudist club.

Mr. Daugherty, a 72-year-old retiree, drowned on April 14, 2007.

His death went unnoticed in the media, although the medical examiner's office and Penn Hills police investigated. The cause of death was ruled accidental.

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September 3, 2009

Whistleblower Suit Claims Toyota Concealing Evidence in Hundreds of Accidents.

Toyota could face reopened vehicle-rollover lawsuits after allegations by a former in-house lawyer that the automaker concealed and destroyed evidence and conspired to obstruct justice in civil cases.

Dimitrios Biller, a former Toyota corporate lawyer involved in the rollover cases, contends in his lawsuit that the Japanese automaker's executives "made every effort" to quash investigations from 2004 through 2007. Biller alleges Toyota destroyed data that should have been made available to plaintiffs' lawyers in 300 product-defect lawsuits.

An attorney who lost one rollover case against Toyota and settled another filed a lawsuit Friday against Toyota alleging unfair practices, fraud and racketeering. "If Mr. Biller's allegations are true, it should fit into all three of those," says the lawyer, who is seeking class-action status for the lawsuit.

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September 2, 2009

Malpractice Lawsuits From Medical Spa Laser Hair Removal

Plaintiffs attorneys say medi-spas, where the beauty-conscious go to lose their unwanted facial hair, acne scars and fine lines, are a new litigation hot spot as patients increasingly sue over spa treatments gone wrong.

Laser hair removal in particular is triggering lawsuits, lawyers note, warning that even more litigation is on the horizon as the number of medical spas has soared.

According to the International SPA Association, which represents 3,200 spas globally, medical spas are the fastest growing segment of the spa industry and have quadrupled in numbers in recent years, from 471 in 2004 to 1,804 today.

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September 2, 2009

Yaz, Yasmin, and Ocella Side Effect Lawsuits Increasing

At least 50 federal and state lawsuits have been filed against Bayer due to serous side effects associated with Yasmin / Yaz.

Both the drugs are oral contraceptives that contain synthetic versions of the hormones estrogen and progestin, and are associated with side effects including stroke, heart attack, pulmonary embolism, deep vein thrombosis, gallbladder problems, and kidney problems.

Lawsuits have been filed against Bayer, the manufacturer of Yaz and Yasmin, alleging the company failed to adequately warn patients and physicians of the increased risk of serious adverse effects from Yaz Birth Control Medication. In certain cases, women have died due to these adverse effects of Yaz Birth Control.

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September 1, 2009

Fort Worth Texas Asbestos Mesothelioma Lawsuits

Asbestos is well recognized as a health hazard and is highly regulated. An estimated 1.3 million employees in the construction and general industry face significant asbestos exposure on the job. Heaviest exposures occur in the construction industry, particularly during the removal of asbestos during renovation or demolition.

Employees are also likely to be exposed during the manufacture of asbestos products (such as textiles, friction products, insulation, and other building materials) and during automotive brake and clutch repair work.

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September 1, 2009

Florida Teen Sustained Brain Injury in Crash With School Bus

On Sept. 22, 2006, plaintiff Marcus Button, 16, a student, was a front-seat passenger in his friend's sedan that was heading east on State Road 54. At the intersection at Meadow Pointe Boulevard where there was no traffic signal, a Pasco County School bus made a left turn and struck the sedan. Marcus sustained a brain injury. Investigators found that the bus driver was at fault.

Individually and as Marcus' parents, Mark and Robin Button sued Pasco County School Board for the bus driver's negligence.

Plaintiff's counsel stated that the bus driver violated state law in not yielding the right of way. Investigators determined that the bus driver was at fault. Plaintiff's counsel also pointed to the bus driver's deposition testimony in which he stated that he never saw the plaintiff's vehicle.

Defense counsel presented an accident reconstructionist who stated that the driver of Button's vehicle had ample time to observe and avoid the bus.

Continue reading "Florida Teen Sustained Brain Injury in Crash With School Bus" »

September 1, 2009

Summary Judgment For Manufacturer in Pain Pump Litigation

A federal court has granted summary judgment to the defendant. Kilpatrick v. Breg, Inc., No. 4:08-cv-10052 (S.D. Fla. 6/26/09), in what appears to be the first substantive decision to come out of the multiple suits alleging that a pain pump medical device damages patients.

Judge Michael Moore ruled in favor of medical device manufacturer Breg, finding that the plaintiff, who alleged damage to his shoulder cartilage, did not provide enough reliable expert evidence to link the condition to the defendant's shoulder pain pump.

Plaintiff Kilpatrick underwent arthroscopic shoulder surgery in 2004 after an orthopedic specialist discovered a tear in his shoulder socket. To help with post-operative pain, the surgeon inserted a pain pump into plaintiff's shoulder, which would allow the doctor to administer an anesthetic via a catheter in the patient's arm.

The surgeon injected bupivacaine into the pump's attached catheter and further filled it with 100 ccs of anesthetic, which was to be delivered into Kilpatrick's shoulder over the next 48 hours.

Plaintiff alleges that he began experiencing severe pain in his shoulder in 2006. An orthopedic surgeon diagnosed the pain as glenohumeral chondrolysis, a deterioration of the cartilage, and Kilpatrick underwent shoulder replacement surgery.

He then brought suit, alleging negligence, strict products liability, and violations of Florida's Deceptive and Unfair Trade Practices Act. Kilpatrick claimed that using the Breg pain pump to administer local anesthetic directly into his shoulder joint caused him to develop post-arthroscopic glenohumeral chondrolysis.

Continue reading " Summary Judgment For Manufacturer in Pain Pump Litigation " »

September 1, 2009

Medical Malpractice Victims Awarded $11M

Two teenage sisters have been awarded $11 million in a malpractice lawsuit against a prominent New York pediatrician who failed to take steps to prevent the girls from being repeatedly sexually assaulted by their half-brother when they were children in Lake Placid.

An eight-member jury in U.S. District Court ruled against Dr. Patricia Monroe and her workplace, Adirondack Internal Medicine and Pediatric, ending a federal case rooted in horrific abuse dating back more than nine years.

The older sister, now 18, will receive $6 million, the 16-year-old younger sister $5 million, according to a news release issued by Albany attorneys Pamela Nichols and Stephen Coffey, who represented the victims. He noted they were "never offered a dime" to the settle the case, which dates to 2002.

Continue reading "Medical Malpractice Victims Awarded $11M " »

September 1, 2009

New Study Shows Yaz Birth Control Pill Carries Greater Risk of Blood Clots

One of the more recent contraceptive pills to come out on the market and which became quite popular very quickly was the Yaz pill which is manufactured by Bayer. Yaz claimed that it could treat moderate acne and that it would treat the symptoms of premenstrual dysphoric disorder.

However, Yaz may not be as safe or as beneficial as it claims. A new British report has outlined the risks and problems associated with Yaz. While all oral contraceptives carry a risk of causing blood clots in those who take them, Yaz seems to have an increased risk of these clots. While the dosage of hormones in a birth control pill has been known to affect the occurrence of blood clots, it also appears to be that the type of hormone may increase risk as well. Nearly all oral contraceptive pills contain estrogen and progestin and the lowest doses of estrogen correspond with the lowest risk for blood clots.

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August 31, 2009

Mechanisms for Yaz, Yasmin And Ocella Blood Clots In Women

As a general rule, all hormonal birth control medications are associated with side effects and health risks, and the oral contraceptive pills YAZ, Yasmin, and Ocella are no exception.

Blood clots can cause serious side effects; stroke, heart attack, pulmonary embolism, and deep vein thrombosis.

A blood clot, or thrombosis, which begins in one part of the body can become an embolus, a blood clot that travels in the bloodstream. This embolus can migrate into any organ but usually migrates into the lungs, heart, or brain.

A deep vein thrombosis, or DVT, is a thrombosis which most commonly forms in the lower legs' calf veins. A pulmonary embolism, or PE is a thrombosis which forms in or has moved into the lungs. Thrombosis which develops in the heart can break off and migrate to the brain leading to strokes.

Read new British Medical Journal article on Oral Contraceptives and Thromboembolism

Continue reading "Mechanisms for Yaz, Yasmin And Ocella Blood Clots In Women" »

August 31, 2009

Nursing Home Medical Malpractice: Staff Dispensed 10 times Correct Dosage

On Oct. 18, 2005, plaintiff Alvin Greenberg, 58, disabled, suffered from an overdose of Zyprexa. He had been administered the drug by the staff at the Green Acres Rehabilitation and Nursing Center, in Wyndmoor, where he was a resident; the order for the anti-psychotic medication had been called into the facility by his treating physician three days earlier.

Greenberg's daughter and power-of-attorney, Alicia Greenberg, sued Green Acres, Melanio Aguirre, Greenberg's attending physician, and Aguirre's practice, claiming negligence, in order to recover personal injury damages. Prior to trial Greenberg settled with Green Acres for an undisclosed amount but Green Acres still remained in the action as a defendant.

Plaintiff's counsel alleged that Greenberg was given 10 times the proper amount of Zyprexa, causing Greenberg to require an emergency room admission for Zyprexa toxicity. According to counsel, when Aguirre spoke to the nurse by telephone on Oct. 15, it wasn't clear whether Aguirre directed the nurse to give Greenberg 25 mg or 2.5 mg of the medication. Plaintiff's counsel asserted that both Aguirre and the nursing home were liable for the overdose because they didn't ensure that Greenberg receive the proper dosage of the medication he required.

Continue reading "Nursing Home Medical Malpractice: Staff Dispensed 10 times Correct Dosage" »

August 30, 2009

Texas Jury Decides Yamaha Not Liable for Teen’s Rhino Death

Yamaha Motor Co., the world’s second-largest motorcycle maker, is not liable for damages to the family of a Texas teenager who died while driving the company’s Rhino all-terrain vehicle.

Jurors in state court in Orange, Texas, deliberated about two hours before ruling the vehicle wasn’t to blame for the death of 13-year-old Forest “Eddie” Ray in 2007. The Rhino, a cross between a golf cart and an ATV, has been linked to 59 deaths in the U.S. The case is the first of about 500 to go to trial.

Continue reading "Texas Jury Decides Yamaha Not Liable for Teen’s Rhino Death" »

August 29, 2009

Family Awarded $4.4M in Suit Over Fatal Accident

A District Court jury has awarded nearly $4.4 million to the widow and children of a UT Payson man who suffered fatal injuries in 2006 when he tried to swerve around backed-up traffic on Interstate 15 and hit other vehicles.

That amount will be reduced by almost $2 million because of a state law that caps damages against the state and because of the victim's share of responsibility for the accident.

The family of Richard Kunzler claimed in a lawsuit that the state Department of Transportation and a subcontractor working on a bridge reconstruction project near Spanish Fork failed to post appropriate signs warning motorists about traffic delays. Vehicles were backing up to Benjamin and drivers were given insufficient warning about the construction, the suit claimed.

Continue reading "Family Awarded $4.4M in Suit Over Fatal Accident" »

August 28, 2009

Chantix Stevens-Johnson Syndrome Side Effects

Since the Chantix black box warning was announced earlier in July 2009, the focus has been on the increased risk of suicides. Pfizer also quietly added new information to the warning label about reports of serious skin reactions, such as Stevens-Johnson Syndrome.

Stevens-Johnson Syndrome, referred to as SJS, is a rare skin reaction that can occur as a side effect of several medications. It results in severe rashes and blistering of the skin and mouth.

It often requires treatment in a hospital intensive care unit (ICU) or burn care unit, and it can result in death. If the top layer of the skin detaches from the lower layers and lesions cover more than 30% of the body, SJS is often diagnosed as Toxic Epidermal Necrolysis (TEN).

Continue reading "Chantix Stevens-Johnson Syndrome Side Effects " »

August 28, 2009

J&J Unit Warns of Deadly Skin Reaction With HIV Drug Intelence

Johnson & Johnson warned doctors of reports of a deadly skin reaction and liver failure tied to its HIV medicine Intelence.

The skin condition called toxic epidermal necrolysis has killed one patient and injured another since Intelence was approved in January 2008. Another patient taking the tablets reported a hypersensitivity reaction accompanied by liver failure.

The prescribing information for Intelence was revised to include these reports and a caution that doctors stop treatment immediately if patients develop severe skin reactions or hypersensitivity symptoms, according to a letter e-mailed today by the U.S. Food and Drug Administration. Similar side effects were seen in some study participants and have also been linked to other drugs for HIV, the virus that causes AIDS.

Continue reading "J&J Unit Warns of Deadly Skin Reaction With HIV Drug Intelence" »

August 28, 2009

South Texas Jury Finds Yamaha not Negligent in First Rhino Rollover Trial

It only took a few hours for Southeast Texas jurors in the first trial over Yamaha Rhino all-terrain vehicle rollovers to return a swift ruling of no negligence -- a verdict in the company's favor that could have far reaching effects.

With hundreds of Yamaha ATV suits pending in courts around the country, the victorious outcome obtained in Orange County may influence how Yamaha proceeds with similar litigation.

The product liability trial of Johnny Ray vs. Yamaha Motor Co. kicked off Aug. 18 and ended Aug. 27.

Jurors in the Orange County District Court of Judge Buddy Hahn were tasked to decide if Yamaha Motor Co. cut costs and negligently placed a defective off-road vehicle into the stream of commerce.

Continue reading "South Texas Jury Finds Yamaha not Negligent in First Rhino Rollover Trial" »

August 27, 2009

Hotel Drowning Wrongful Death Jury Verdict $3.8 M

A jury returned a nearly $3.8 million verdict against a Montgomery hotel where a 19-year-old football player suffered injuries that led to his death two years ago.

Derrick Marshall was a standout receiver who had signed with Alabama State University.

Marshall was about to start two-a-day workouts with the Hornets when he drowned in the pool at the hotel during a family reunion July 29, 2007, said Josh Wright, an attorney for Marshall's family.

Marshall did not die immediately, but was left in a vegetative state. He died at the age of 20 in November 2007 at Jackson Hospital.

Continue reading "Hotel Drowning Wrongful Death Jury Verdict $3.8 M" »

August 27, 2009

FDA Accuses J&J of 'Misleading' Advertising for Ertaczo

An advertisement for Johnson & Johnson's (JNJ) Ertaczo, a product to treat the fungal infection known as athlete's foot, makes unproven claims about the medicine's effectiveness and omits key information about risks associated with the product, federal regulators said on Wednesday.

The Food and Drug Administration said Johnson & Johnson used "misleading" information and did not mention certain risks in a medical journal advertisement for its athlete's foot cream Ertaczo.

In an Aug. 21 letter released by the FDA Wednesday, the agency said the journal advertisement broadens the approved indication, contains unsubstantiated effectiveness claims about the product, and omits important risk information. Also, the FDA said J&J failed to submit the journal advertisement under current FDA regulations.

The company has until Sept. 4 to respond to the FDA letter.

"We have received an untitled letter from the FDA, which we are currently reviewing, and are in the process of preparing our response to the FDA," said Marc Boston, a spokesman for J&J's Ortho Dermtalogics unit, in a statement.

Continue reading "FDA Accuses J&J of 'Misleading' Advertising for Ertaczo" »

August 27, 2009

Dallas Cowboys Staffers File Lawsuits Over Sport Facility Collapse

A Dallas Cowboys scouting assistant who was left paralyzed and a special-teams coach whose neck was broken in the May 2 collapse of the team’s practice facility in Irving filed separate lawsuits against the Pennsylvania-based company that built the structure.

The lawsuits, which also name an engineer and five other companies involved in construction and maintenance of the facility, contend that structural problems and code violations were kept from the team for years before the tentlike structure collapsed in gusting winds.

Rich Behm, who was paralyzed from the waist down, and coach Joe DeCamillis are seeking an undisclosed amount for their pain and suffering and for punitive damages.

Continue reading "Dallas Cowboys Staffers File Lawsuits Over Sport Facility Collapse" »

August 27, 2009

Jury Says Altria Must Pay $13.8 M in Smoker Lawsuit

Altria Group Inc., parent company of Philip Morris USA, the Marlboro cigarette maker, must pay $13.8 million in punitive damages to the daughter of a lifelong smoker who died of lung cancer in 2003, a jury found.

The verdict for Jodie Bullock, daughter of Betty Bullock, who smoked Marlboro and Benson & Hedges cigarettes for 45 years, was reached in Los Angeles. An earlier award of $28 billion from a 2002 trial had been first reduced by the trial judge and then canceled by an appeals court that ordered a new trial on punitive damages.

Continue reading "Jury Says Altria Must Pay $13.8 M in Smoker Lawsuit " »

August 27, 2009

Camp Lejeune Residents Blame Rare Breast Cancer Cluster on the Water.

Camp Lejeune residents blame rare breast cancer cluster on the water.
For three decades, dry-cleaning chemicals and industrial solvents laced the water used by local Marines and their families. Mike Partain and at least 19 others developed male breast cancer.

One night in April 2007, as Mike Partain hugged his wife before going to bed, she felt a small lump above his right nipple. A mammogram -- a "man-o-gram," he called it -- led to a diagnosis of male breast cancer. Six days later, the 41-year-old insurance adjuster had a mastectomy.

Partain had no idea men could get breast cancer. But he thinks he knows what caused his: contaminated drinking water at Camp Lejeune, N.C., where he was born.

Over the last two years, Partain has compiled a list of 19 others diagnosed with male breast cancer who once lived on the base.

Continue reading "Camp Lejeune Residents Blame Rare Breast Cancer Cluster on the Water." »

August 27, 2009

Camp Lejeune Residents Blame Breast Cancer on the Water

For three decades, dry-cleaning chemicals and industrial solvents laced the water used by local Marines and their families. Mike Partain and at least 19 others developed male breast cancer.

One night in April 2007, as Mike Partain hugged his wife before going to bed, she felt a small lump above his right nipple. A mammogram led to a diagnosis of male breast cancer. Six days later, the 41-year-old insurance adjuster had a mastectomy.

Over the last two years, Partain has compiled a list of 19 others diagnosed with male breast cancer who once lived on the base.

Continue reading "Camp Lejeune Residents Blame Breast Cancer on the Water" »

August 26, 2009

Judge Awards $18 M to Man Hurt in St. Louis County Pileup

A man severely injured in a pileup that killed three people on Highway 40 (Interstate 64) last year is entitled to more than $13.8 million from a truck driver and his company, a federal magistrate judge has ruled.

The man's wife has been awarded $4.2 million more.

The crash left Mark Tiburzi, 53, under constant care in a nursing home, unable to walk or talk, according to his lawyer and court filings.

Trial is pending on involuntary manslaughter charges in St. Louis County against the truck driver, Jeffrey D. Knight, who was blamed for the wreck. Officials claim he was distracted by reaching for a cell phone when his tractor-trailer rig piled into vehicles near Interstate 270 on July 15, 2008, causing the three fatalities and 14 injuries.

Continue reading "Judge Awards $18 M to Man Hurt in St. Louis County Pileup" »

August 25, 2009

Yaz Pulmonary Embolism Lawsuit Filed in Illinois State Court

A new product liability lawsuit has been filed in St. Clair County, Ill. over the birth control pill Yaz, by a woman who says the drug caused her to suffer a blood clot in her lung, known as a pulmonary embolism.

The Yaz blood clot lawsuit was filed by Kerry Sims on August 18, according to a report in the St. Clair Record. Read the St. Clair Record report here. It is one of many similar lawsuits over Yaz and Yasmin, which are nearly identical oral contraceptives.

Read the full package insert, indications and risk profile for Yaz.

Continue reading "Yaz Pulmonary Embolism Lawsuit Filed in Illinois State Court" »

August 25, 2009

Yaz Yasmin Birth Control Side Effects

About 11% of the U.S. market for oral contraceptives is now accounted for by Yasmin, a combination pill containing the novel progestin, drospirenone, in combination with ethinyl estradiol (EE).

Yaz lawsuits are personal injury cases in which women injured after taking Yaz birth control seek compensation for their injuries and losses.

Both Yaz and Yasmin birth control pills are known to potentially cause life-threatening side effects including blood clots, heart attacks, stroke, deep vein thrombosis, pulmonary embolism and liver damage.

Yasmin was introduced earlier (approved in 2001 by the FDA), and has a slightly higher EE level:

* Yasmin—3 mg drospirenone and 30 mcg EE per tablet
* Yaz—3 mg drospirenone and 20 mcg EE per tablet

Continue reading "Yaz Yasmin Birth Control Side Effects" »

August 25, 2009

Motor scooter rider sustained head injury in collision

On May 15, 2007, plaintiff Jonny Osler, a 57-year-old language instructor, was riding a motor scooter on Collins Road in Sunny Isles when Nasir Jamal allegedly changed lanes in his Mercedes and hit him. Osler was wearing a helmet, but he was rendered unconscious by the impact. Having no recollection of the accident, Osler was ticketed at the scene. Osler sustained a subdural hematoma and fractured collar bone.

Osler sued Jamal for vehicular negligence, alleging that Jamal was talking on his cell phone at the time of the accident. Although subpoenaed records supported that theory, Jamal denied at trial that he was on the phone when the collision occurred. There were no witnesses to the accident.

Osler's accident reconstruction expert testified that Jamal's testimony was incredible. He opined that the way the scooter was laying on the ground after the accident according to the police report was inconsistent with Jamal's claim. Jamal paid cash to have his car repaired shortly after the accident. According to counsel for Osler, questions arose as to whether Jamal had repaired his vehicle and if so what had been repaired.

Continue reading "Motor scooter rider sustained head injury in collision" »

August 24, 2009

Yaz Yasmin Birth Control Information and Lawsuits

Side effects of Yaz birth control could increase the risk of life-threatening injuries. Yaz lawsuits are being reviewed nationwide.

Yaz, which is nearly identical to Yasmin birth control, is a newer type of oral contraceptive sold by Bayer. It has been aggressively marketed without adequate warnings about potentially life-threatening side effects.

This site provides Yasmin lawsuit information and the latest news regarding Yasmin side effects and problems. This relatively new birth control has been marketed heavily to women in the United States and is one of the first contraceptives considered a “fourth generation” birth control pill.

It is manufactured by Bayer which also markets Yaz birth control. Generic Yasmin is marketed as “Ocella” and is manufactured by Teva. Yasmin is a combination hormonal contraceptive. It contains the hormones ethinyl estradiol (estrogen) and drospirenone which is a synthetic form of progestin.

Continue reading "Yaz Yasmin Birth Control Information and Lawsuits" »

August 24, 2009

Undetected Cervical Cancer led to Bowel Obstructions

In November 2005, plaintiff Lee Arnette Zapel, 56, president of a medical supplies company, was diagnosed with cervical cancer during a hysterectomy. The exploratory surgery was due to abdominal pain that she experienced for months leading up to the surgery, which resulted in numerous tests and hospitalizations, including a change in her OB-GYN the previous month.

Zapel, who received annual Pap tests, alleged that PCA Southeast, a Columbia [Tenn]-based pathology lab, failed to detect cervical abnormalities in her slides in 2003 and 2004.

Zapel sued the lab for medical malpractice. The defendant stipulated to negligence for misrepresenting the 2004 Pap test, but contested the 2003 test. The cervical abnormalities that the defendant failed to detect in Zapel's 2003 and 2004 Pap test slides were high-grade lesions, which were an early form of Stage 1 cancer, according to plaintiffs' counsel.

Had the defendant detected the lesions, a cervical biopsy would have been ordered to reveal the cancer and a hysterectomy would have been performed, it was alleged. The hysterectomy would have rendered a 100 percent cure that would have precluded any need for chemo-radiation treatment that Zapel eventually underwent, opined the plaintiffs' gynecological oncologist.

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August 24, 2009

FDA: Safety Review of Weight Loss Drugs Orlistat, Xenical and Alli

The U.S. Food and Drug Administration announced today that it is reviewing adverse event reports of liver injury in patients taking the weight loss drug orlistat, marketed as the prescription drug Xenical and the over-the-counter medication Alli.

Between 1999 and 2008, the FDA received 32 reports of serious liver injury in patients taking orlistat. Of those cases, 27 reported hospitalization and six resulted in liver failure. Thirty of the adverse events occurred outside the United States. The most commonly reported adverse events included yellowing of the skin or whites of the eyes (jaundice), weakness, and stomach pain.

The FDA is reviewing additional data submitted by orlistat manufacturers on suspected cases of liver injury, and the issue has been discussed at the FDA’s Center for Drug Evaluation and Research Drug Safety Oversight Board.

“The issues here are complex, but FDA has benefited from the input of the Board, including comments from representatives from three FDA Centers and several other Agencies in the Department of Health and Human Services,” said Steven Osborne, M.D., executive director of the Board.

Continue reading "FDA: Safety Review of Weight Loss Drugs Orlistat, Xenical and Alli" »

August 24, 2009

Nuvaring Side Effects, Stroke and Pulmonary Embolism

Lawsuits have been filed alleging death and serious injury associated with NuvaRing, a contraceptive product made by Organon.

NuvaRing birth control is a third generation contraceptive manufactured by Organon USA. Nuva Ring birth control is a flexible polyethylene ring that contains estrogen and a form of the progestin desogestrel. NuvaRing is considered a combination hormonal contraceptive.

Since Nuva Ring birth control is a relatively new form of contraceptive there are few studies regarding its safety and effectiveness. As early as 1995 studies had shown there was an increased risk of venous thrombosis (blood clots) in contraceptives containing desogestrel compared to second generation birth control that contained other types of progestins.

Venous thromboembolism (VTE) is a disease that includes deep vein thrombosis ( DVT) and pulmonary embolism (PE). A pulmonary embolism occurs when a segment of a thrombus (A clot within a blood vessel) within the deep venous system detaches from the vessel, travels to the lungs, and lodges within the pulmonary arteries.

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August 23, 2009

Mis Diagnosis of Epidural Abscess Leads to Paralysis

Sheila Matthews, a Naples mother of three, walked into NCH North Naples Hospital’s emergency room in March 2005 in extreme pain.

Over the years, the 55-year-old retired nurse had suffered from diabetes, peripheral neuropathy and bipolar disorder. On a scale of one to 10, she told doctors, this was a nine. The pain grew as doctors tried to determine what was wrong.

“She’s screaming, she’s in so much pain,” Matthews’ attorney, Nancy La Vista of West Palm Beach, told a Collier Circuit Court jury during opening statements Aug. 13.

Six days later, Matthews would become a quadriplegic.

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August 23, 2009

Dallas Woman Sustained Brain, Knee Injuries in Slip-and-Fall Incident

On April 5, 2005, plaintiff Liria Lopez, 49, a self-employed house cleaner, entered a Minyard Food Store on the corner of Abrams Road and Gaston Avenue in Dallas. It had rained that day and water had accumulated in the store's foyer area. As Lopez exited, she slipped on the water.

Lopez sued Minyard Food Stores Inc., alleging premises liability. She claimed that other customers had fallen in the same area under reasonably similar conditions about 18 months earlier. She also maintained that on the day of her accident there there were no warning signs or mats placed in the foyer, nor were there any warnings from store employees prior to her fall.

Lopez's walking surfaces/traction expert testified that the manner in which Minyard addressed the water issue in the foyer was below the standard of care. After looking at the records, he said Minyard did not adequately handle the continuing problem of a wet slick floor on rainy days.

Continue reading "Dallas Woman Sustained Brain, Knee Injuries in Slip-and-Fall Incident" »

August 23, 2009

Yaz Birth Control Dangers and Lawsuits

The Yaz birth control pill has been on the market since 2006. Yaz is taken orally once daily to prevent pregnancy.

Yaz differs from other birth control methods because it contains a progestin hormone called drospirenone, which can increase potassium levels in the bloodstream. Yasmin, a birth control drug very similar to Yaz, has been on the market since 2001. It contains the same hormone as Yaz and is associated with the same health issues.

Continue reading "Yaz Birth Control Dangers and Lawsuits" »

August 23, 2009

Yaz, Yasmin and Pulmonary Embolism, Stroke, Heart Attack

Yaz and Yasmin manufacturers are now involved in multiple Federal and State lawsuits.

In October of 2008, a warning letter was sent by the Food and Drug Administration to Bayer HealthCare Pharmaceuticals, Inc., in response to claims the company had made for Yaz, a very popular and heavily promoted birth control pill.

The warning letter stated that Yaz has additional risks compared to other birth control pills because it contains drospirenone, a progestin hormone that can increase potassium levels.

Among the serious and debilitating injuries reported from the birth control pills are heart attacks, blood clots, strokes, pulmonary embolisms, deep vein thrombosis, gall bladder disease, and other serious injuries. Some deaths have even occurred.

Continue reading "Yaz, Yasmin and Pulmonary Embolism, Stroke, Heart Attack" »

August 23, 2009

Levaquin Side Effects and Lawsuits

The antibiotic Levaquin has been associated with side effects that could increase risk of tendon ruptures and permanent damage of the tendon.

STATUS OF LEVAQUIN LITIGATION: All federal Levaquin lawsuits have been consolidated in an MDL before Judge John R. Tunheim in the U.S. District Court for the District of Minnesota. It has been suggested that the first cases could be trial ready by January 2010.

Throughout the country, Levaquin lawyers are continuing to review and investigate potential lawsuits for users of the antibiotic who have suffered a tendon rupture.

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August 22, 2009

Popcorn Workers Lung - Bronchiolitis Obliterans

Bronchiolitis Obliterans also known as Popcorn Workers Lung, is an obstructive lung disease in which the bronchioles of the lungs are blocked by the growth of fibrous tissue.

The moniker Popcorn Workers Lung has been given to Bronchiolitis Obliterans because workers in factories that make microwavable popcorn that uses diacetyl for the buttery flavoring are known to contract the disease. The disease is irreversible, and can become so severe that a lung transplant may be necessary. Popcorn Workers Lung is a rare disorder that is known to be caused by repeated exposure to toxic gases, namely diacetyl.

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August 22, 2009

Yaz Lawsuit

Yaz and Yasmin are popular and widely-used oral contraceptives targeting women with the promises of worry free contraception. But there is potentially life threatening Yasmin side effects and Yaz side effects.Yaz was recently targeted by the Food and Drug Administration (FDA) as a prescription drug that is more dangerous and less effective than advertised by Bayer Healthcare Pharmaceuticals.

In mid-August 2009, the results of two new studies of oral contraceptives, including Yaz and Yasmin, were released in the British Medical Journal Online. The studies showed that Yaz, Yasmin and the generic form of Yaz, Ocella, caused a six-fold increase in the risk of blood clots, which cause injuries such as Deep Vein Thrombosis (DVT) and Pulmonary Embolism (PE).

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August 22, 2009

FDA Cracks Down on Ibuprofen Pain Relief Gels

The Food and Drug Administration has issued warnings to eight companies for illegally marketing pain relief ointments containing ibuprofen.

Regulators said in a statement Thursday the companies do not have federal permission to market their products, which mix the popular pain relief drug with other ingredients. While ibuprofen is available in a variety of tablets like Advil, the FDA has not approved any ointments containing the drug.

"These companies have an obligation to demonstrate to the FDA that their products are safe and effective, and they have failed to do so," said Deborah Autor, director of FDA's office of compliance.

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August 22, 2009

Mud on Road Caused Car Crash, Paralyzing Driver

On June 26, 2007, at about 5:30 p.m., plaintiff Brian Moore, 19, a college student, hit a tree after he lost control of his sedan heading east on Peach Road in Fairfield County, South Carolina.

Moore alleged that he saw a clump of mud near the road's shoulder and tried to avoid it, but he couldn't, causing him to spin out of control and force him off the road. He was able to return to the road but overcorrected the vehicle which then yawed (when the vehicle's wheels are turned but the vehicle is also sliding sideways) 180 degrees and swerved through the oncoming lane and crashed into a tree with the passenger rear corner panel. Moore was paralyzed in the crash.

The road was being widened--2-foot paved shoulders were being added--and resurfaced by Boggs Paving Inc. under a contract with the state Department of Transportation. Boggs was putting down dirt that day to dress the shoulders, but the work was interrupted by a summer thunderstorm. Moore claimed that the road was contaminated with mud that had washed from the shoulders which resulted in his losing control of his vehicle.

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August 22, 2009

Yaz and Yasmin: Birth Control Pill Has Caused Patient Deaths, Heart Attack, and Stroke

Yasmin is an oral contraceptive pill made by Bayer HealthCare Pharmaceuticals, Inc. that has been linked to heart attack, stroke, and blood clots in users. Women taking the drug to prevent pregnancy or to treat emotional and physical symptoms of PMDD (Premenstrual Dysphoric Disorder) and moderate acne have suffered severe injuries and even died as a result.

The drug has been linked to 50 or more deaths in the United States between 2004 and 2008 in addition to many other injuries. Bayer has been named in numerous lawsuits filed on behalf of women who were injured or died as a result of taking Yasmin.

Yasmin was approved by the Food and Drug Administration in 2006. A lower-dose version of the same drug, called Yaz, was approved in 2001. Yasmin is essentially the same drug as Yaz and uses a different kind of hormone than other birth-control pills, a drug called DRSP (drospirenone). DRSP has been shown to increase potassium in the body, which raises the possibility of severe health complications for women with kidney (renal) disease and cardiovascular conditions.

Continue reading "Yaz and Yasmin: Birth Control Pill Has Caused Patient Deaths, Heart Attack, and Stroke" »

August 21, 2009

Diacetyl Induced Popcorn Workers Lung

Dozens of workers around the country have developed the debilitating lung disease bronchiolitis obliterans, also known as “popcorn workers lung,” and other respiratory illnesses from exposure to vapors from diacetyl, a component of artificial butter flavor used in microwave popcorn and many other food products.

The National Institute for Occupational Safety and Health (NIOSH) conducted several studies that confirmed the link between occupational exposure to artificial butter flavoring and lung diseases. In 2000 they issued recommendations to a Missouri microwave popcorn plant about protecting workers from this hazard, and in 2003 they sent an alert recommending safeguards to 4,000 businesses that might use or make butter flavoring.

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August 21, 2009

Avandia Risk of Heart Failure and Lawsuits

If you believe you may have been harmed by the use of Avandia, it is important to note that your time to file a lawsuit against the maker of the drug could be running out. The statute of limitations in many states is coming up soon, and there still may be people who do not realize that the injury they have suffered could be related to their Avandia use.

New research shows that diabetics treated with the popular drug Avandia have higher risk of heart failure and death than those taking Actos, leading Canadian scientists to conclude that "continued use of [Avandia] may not be justified."

The findings, published in today's edition of the British Medical Journal, are the latest blow to the controversial blockbuster drug, manufactured by GlaxoSmithKline Inc.

Researchers stressed that the findings are relative and that Actos, a product of Takeda Pharmaceuticals North America Inc., also poses heart risks, albeit lesser ones.

Continue reading "Avandia Risk of Heart Failure and Lawsuits" »

August 21, 2009

Wastewater From MI Food Plants Getting Into Home Water Wells

When Kari and Ron Craton moved a few years ago to a more rural area of southwestern Michigan, they were seeking a more rustic life. What they got was more rust.

Government officials say food-processing plants that turn raw crops into products have contaminated the water-supply wells of the Cratons and other property owners in agricultural areas of Michigan and could do the same in other states. Residents claim increased amounts of metals in water drawn from their wells have killed their pets, ruined their plumbing and made their houses impossible to sell or rent.

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August 21, 2009

Gadolinium Nephrogenic Systemic Fibrosis (MRI Dye) and Lawsuits

A dye used in MRI (magnetic resonance imaging) and MRA (magnetic resonance angiography) scans has been linked to a rare and potentially fatal skin disease in some users.

The problem stems from the metal gadolinium found in the dyes injected into some patients before MRI scans and all patients before MRA scans.

The disease is known as nephrogenic systemic fibrosis or nephrogenic fibrosing dermopathy (NSF/NFD), and appears to only occur in patients with kidney disease who undergo an MRI or MRA where a gadolinium-based dye is used.

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August 21, 2009

Mercury Found in all Fish Caught in U.S.-Tested Streams

A government test of fish pulled from nearly 300 streams in the USA found every one of them contaminated with some level of mercury.

The U.S. Geological Survey's research marks its most comprehensive examination of mercury contamination in stream fish. The study found that 27% of the fish had mercury levels high enough to exceed what the Environmental Protection Agency considers safe for the average fish eater, those who eat fish twice a week.

But the findings in wild-caught fish underscore how widespread mercury contamination in the nation's waterways has become. Previous research has found levels of concern in ocean and lake fish.

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August 21, 2009

Yas/Yasmin JPML Hearing Set for September 24, 2009

The Yasmin/Yaz lawyers at the Dr. Shezad Malik Law Firm are investigating potential Yasmin/Yaz lawsuits throughout the United States for claims on behalf of patients who took the drug and now suffer from deep vein thrombosis (blood clots in legs), pulmonary embolism, and/or strokes. Yasmin/Yaz have also been associated with heart attacks and death. These Yasmin/Yaz lawsuits allege product liability, negligence and failure to warn claims against Bayer Healthcare Pharmaceutical.

A MDL hearing has been set in the JPML Court in Richmond, Virginia on September 24, 2009.

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August 21, 2009

Fleet Phospho Soda Side Effects and Lawsuits

The Fleet Phospho-soda attorneys at Dr. Shezad Malik Law Firm are investigating potential lawsuits for individuals who have suffered severe kidney damage after a colonoscopy prep where Fleet Phospho-soda was used.

While most patients only became aware of the potential for Fleet Phospho-soda kidney problems when the product was recalled in December 2008, the manufacturer has been aware of the potential side effects for years.

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August 21, 2009

Yasmin, YAZ, Ocella Birth Control Personal Injuries

YAZ, also known as Yasmin or by its generic name Ocella is a birth control pill originally developed and manufactured by Berlex Laboratories, (a U.S affiliate of Schering AG).

YAZ, Yasmin, Ocella (drospirenone and ethinyl estradiol) is a combination birth control pill which contain two types of hormones: estrogen and a progestin. It is the only 24/4-day pill with the unique hormone, drospirenone (drsp) and its manufacturer claims that the product provides additional health benefits other then pregnancy prevention.

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August 20, 2009

Fleet Phospho Soda and Kidney Damage

Fleet Phospho Soda, a laxative product used for varying applications, was the subject of a December 2008 consumer alert from the FDA (the U.S. Food and Drug Administration). The alert warned that the use of phosphate-based laxatives such as Fleet Phospho Soda could result in kidney failure, even among individuals who do not have a medical condition that puts them at risk for kidney failure.

Fleet Phospho Soda is available without a prescription, it is a non-prescription laxative. It is widely used to clean the intestines before a colonoscopy and other medical procedures.

The Phospho Soda works by drawing fluid from the rest of the body into the colon; if an individual does not consume enough water or other fluids during Phospho Soda use, he or she may become dehydrated. The individual's level of phosphate salts in the kidneys may also become too high — a development that can result in a type of kidney damage called acute phosphate nephropathy (APN).

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August 20, 2009

Yaz and Yasmin Linked to Pulmonary Embolism, Heart Attacks and Strokes

Yaz is a relatively new oral birth control medication. But an unfortunate number of patients have found, Yaz also causes serious, and life-threatening side effects including pulmonary embolism (blood clots to the lung), heart attack and stroke.

Bayer HealthCare Pharmaceuticals Inc. - the drug’s manufacturer - before being regulated by the U.S. Food and Drug Administration in a recent mandate, marketed Yaz which minimized these very serious side effects, and misleading millions of women about the safety of this medication.

If you’re taking the prescription medication Yaz or Yasmin, also manufactured by Bayer, and have had any of the side effects associated with these compounds, you may be entitled to compensation.

Continue reading "Yaz and Yasmin Linked to Pulmonary Embolism, Heart Attacks and Strokes" »

August 20, 2009

Court Overturns $53 M Awarded in Wrongful Death Nursing Home Case

The state Court of Appeals has overturned a $53 million damage award to the family of an Albuquerque woman who died in a nursing home.

The court ordered a new trial. The daughter of 78-year Barbara Barber filed a lawsuit alleging her mother died in December 2004 of gastrointestinal bleeding that went untreated by the nursing home staff.

In tossing out the jury verdict, the appeals court said a district judge was wrong in a pretrial finding that ManorCare Inc., a Toledo, Ohio-based company, was the employer of the nursing home's staff. The court said there was conflicting evidence on that issue. ManorCare contended that a subsidiary company owned and operated the Albuquerque nursing home, which was sold in 2005.

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August 19, 2009

Yaz Lawsuits and Gallbladder Problems

Reports are now surfacing that women using Yasmin and Yaz birth control pills are developing gallbladder problems. Some women have had to undergo gall bladder removal surgery due to gallstones. Gall bladder disease includes inflammation, infection, stones, or obstruction of the gallbladder. There are two main types of gallbladder disease: cholecystitis (inflammation of the gallbladder) and cholelithiasis (gallstones).

We are currently evaluating and representing women who have suffered from gallbladder complications while on Yasmin birth control including gallbladder removal.

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August 19, 2009

Federal Lawsuits: Yasmin/Yaz Responsible for Blood Clots

Recent reports have noted possible dangers of Yasmin/Yaz in persons with some preexisting conditions. Federal lawsuits filed recently allege that since Yasmin and Yaz have been available, there have been over 50 related deaths and hundreds of serious health concerns due to complications with the medicine.

Yasmin and Yaz lawsuits filed allege that Bayer failed to adequately warn about the increased risk of serious heart and health problems associated with their birth control when compared to other available pills. They not only minimized the blood clot risk with Yaz and Yasmin, but also heavily marketing the drugs through deceptive advertisements designed to encourage doctors and patients to use their birth control pill over other available forms that may not present as great of a risk.

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August 19, 2009

Avandia Death Risk and Lawsuits

Avandia, an oral medication produced by GlaxoSmithKline, improves control of blood glucose levels in individuals with type-2 diabetes. Despite its ability to make insulin receptors more sensitive, Avandia does have some serious associated risks, as it can increase the chances that patients' develop:

* stroke
* congestive heart failure
* heart attack
* liver toxicity
* severe allergic reactions

Continue reading "Avandia Death Risk and Lawsuits" »

August 18, 2009

Update on Yaz and Yasmin Side Effect Lawsuits

A panel of federal judges will hear arguments later in September to determine whether all federal lawsuits against Bayer Pharmaceuticals Corporation over serious and potentially life threatening side effects of Yaz and Yasmin birth control should be centralized and consolidated in one district for coordinated handling as part of an MDL, or Multidistrict Litigation.

According to a notice recently issued by the U.S. Judicial Panel on Multidistrict Litigation, a hearing will be held on September 24 to consider whether the cases filed in various federal districts throughout the United States involve sufficiently common questions of fact and whether consolidation is appropriate.

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August 18, 2009

Florida Wrongful Death Lawsuit From Food Poisoning

January 2008, Courtney Rohn dashed in for a takeout order at a Homestead restaurant.

A day later the 32-year-old mom died at Homestead Hospital. An autopsy showed that she died of a bacterial infection in the blood.

Now her family has filed suit in Miami-Dade Circuit Court against El Toro Taco, in connection with Rohn's takeout order. The lawsuit alleges the bacterial infection was caused from food poisoning and was exacerbated from Rohn having her spleen removed.

Rohn's mother and stepfather, Margaret and Walter Armstrong, are alleging two counts of negligence, two counts of strict liability and violations of The Florida Food Safety Act.

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August 18, 2009

Yaz and Yasmin Blood Clot Risk

Yasmin was first approved by The Food & Drug Administration (FDA) in 2001 for women to use as birth control.

In 2008, the FDA issued Bayer Corp. a warning letter regarding false claims made in two Yaz television commercials. These false claims involved the ability of Yaz to treat premenstrual syndrome (PMS) and all types of acne. As a result, the company stopped running the ads, and later embarked on an advertising campaign that corrected the deceptive claims made in those commercials.

Yasmin has been associated with:

- Pulmonary Embolism (PE)

- Deep Vein Thrombosis (DVT)

- Heart Attack

- Stroke

- Death

Continue reading "Yaz and Yasmin Blood Clot Risk" »

August 17, 2009

Paxil Side Effects and Birth Defects

New studies point to an increased risk of Paxil birth defects in babies whose mothers use the antidepressant during pregnancy. According to the findings of two studies, women who were taking Paxil during their first trimester were one and a half to two times more likely to have a baby with a heart defect than women who were taking other antidepressants or women of the general population.

A study published in the February 2006 issue of the New England Journal of Medicine found that maternal use of the antidepressant Paxil increased the risk—by as much as six times—of a birth defect known as persistent pulmonary hypertension, or PPHN.

Babies born with PPHN have difficulty circulating oxygen through their bodies because of constricted blood vessels in the heart and lungs.

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August 16, 2009

Yasmin, Yaz, Ocella Side Effects and Lawsuits

Yasmin and Yaz are two types of birth control oral contraceptive pills manufactured by Bayer Healthcare, and the generic, Ocella, is marketed and distributed by Barr Laboratories, Inc. Yasmin and Yaz contain the same estrogenic compound, ethinyl estradiol, that has been used in oral contraceptive “The Pill” since the 1970s, but the progestin in Yasmin and Yaz is new. Yasmin and Yaz both contain drospirenone, a “fourth generation” progestin – no other birth control oral contraceptive pills contain drospirenone, except for a recently approved generic version, Ocella.

If you have side effects from using these medications you can report them to the FDA.

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August 16, 2009

Researchers Say Women Should Take Safest Birth-Control Pill

Doctors should prescribe the birth- control pills that are the least likely to cause blood clots, according to a study of more than 3,000 women published today in the British Medical Journal.

Oral contraceptives containing levonorgestrel and a low dose of estrogen, such as Bayer AG’s Microgynon 30, were associated with the lowest risk of blood clots in the leg or lungs, researchers at Leiden University Medical Center in the Netherlands found. Birth-control pills containing desogestrel, cyproterone acetate or drospirenone carried about 1.5 to 2 times the risk of clots, they found.

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August 15, 2009

Yaz Information and Side Effects

Yaz prevents ovulation and causes changes in the cervical and uterine lining, making it harder for sperm to reach the uterus and harder for a fertilized egg to attach to the uterus.

Yaz is used as contraception to prevent pregnancy.

Yaz is contraindicated if you are pregnant or if you have any of the following conditions: a history of stroke or blood clot, breast or uterine cancer, abnormal vaginal bleeding, kidney or liver disease, an adrenal gland disorder, severe high blood pressure, migraine headaches, or a history of jaundice caused by birth control pills.

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August 15, 2009

Yaz and Yasmin Lawsuits to be Consolidated in Federal MDL

A motion/petition has been filed with the U.S. Judicial Panel on Multidistrict Litigation by plaintiff attorneys to consolidate and centralize all federal Yasmin and Yaz suits in one court for coordinated pretrial proceedings.

There are currently at least 40 federal court cases pending against Bayer Pharmaceuticals Corporation involving their Yaz and Yasmin birth control. The lawsuits all contain similar allegations that inadequate warnings were provided that Yaz and Yasmin side effects may increase the risk of potentially life-threatening injuries like heart attacks, strokes, gallbladder disease, deep vein thrombosis (DVT), pulmonary embolism (PE) and sudden death.

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August 15, 2009

FDA Warns of E-Cigarette Risks

The Food and Drug Administration is warning consumers about potential health risks associated with electronic cigarettes.

Also known as "e-cigarettes," electronic cigarettes are battery-operated devices designed to look like and be used in the same manner as conventional cigarettes.

Sold online and in many shopping malls, the devices generally contain cartridges filled with nicotine, flavor and other chemicals. They turn nicotine, which is highly addictive, and other chemicals into a vapor that is inhaled by the user.

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August 14, 2009

Hydroxycut Law Suit Filed in WV Against Iovate

A WV Kanawha County woman has filed a lawsuit against the makers of popular weight-loss product Hydroxycut, alleging that they falsely marketed their products as safe and effective dietary supplements.

In a suit filed last week in Kanawha Circuit Court, Rhonda M. Hawkins maintains that Ontario-based Iovate Health Sciences, Inc., and its subsidiaries and related companies defrauded the public by advertising that Hydroxycut products worked and had no adverse health effects.

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August 14, 2009

Defective Product Chinese Drywall Cases on 'Rocket Docket'

With thousands of homeowners claiming their houses and health are deteriorating from sulfur-emitting Chinese drywall, a federal judge in New Orleans is intent on fast-tracking a handful of cases for trial, attorneys say.

The first of these bellwether lawsuits could be tried by the end of the year, a timetable that encourages homeowners to think settlement. In contrast, drywall maker and defendant Knauf Plasterboard Tianjin welcomes home inspections and is investigating "practical solutions" but denies any health effects from its drywall.

About 600 tainted Chinese drywall lawsuits have been consolidated in multidistrict litigation under U.S. District Judge Eldon E. Fallon for pretrial issues. With the help of plaintiff and defense steering committees, Fallon will select five cases to test the waters.

"He is moving extremely fast, which is the right thing because people are living in homes that are toxic to them," said Victor Diaz, a partner at Podhurst Orseck in Miami and a member of the MDL plaintiff steering committee.

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August 14, 2009

New Study: Birth Control Medications and Risk of Blood Clots

More than 100 million women use the oral contraceptive pill worldwide. Many types of pill are available and the choice of which one to use is important to the women who use them and their doctors. Two linked studies assess the risk of venous thromboembolism in women taking the combined oral contraceptive.

All oral contraceptives are effective in preventing pregnancy if they are taken correctly, so the choice of which one to use rests on the profile of side effects.

Venous thromboembolism is one of the most serious side effects, and although it is rare, it can cause death (in about 1-2% of all cases of venous thromboembolism in women taking the pill).

New research suggests that many women do not use the safest available types of oral contraceptives, with many of the most popular birth control pills, such as Yaz and Yasmin, carrying a higher risk of blood clots.

The study, published today in the British Medical Journal, found that oral contraceptives containing desogestrel, cyproterone acetate or drospirenone were up to twice as likely to cause blood clots in women as birth control pills containing levonorgestrel and low doses of estrogen.

The study found that switching to the safer forms of birth control, like Bayer AG’s Microgynon 30 that contains levonorgestrel, reduced health risks while keeping the same level of pregnancy prevention.

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August 13, 2009

Routine Complication From Surgery Wrongful Death Lawsuit Filed

A hospital patient suffers excruciating pain from what turns out to be a routine complication from elective surgery.

As her condition deteriorates, she and her family plead to see the doctor. But no doctor examines her until the next morning, when she goes into shock, is rushed into intensive care and dies.

Then, after her death, the hospital deletes portions of the woman's medical file in what the woman's family says is an attempt to cover up its horrendous mistakes.

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August 13, 2009

Merck Faces First Trial of Claim That Fosamax Attacks Jawbone

Merck & Co., the drugmaker facing 900 lawsuits over claims that its osteoporosis drug Fosamax causes the death of jawbone tissue, goes to trial tomorrow in a case that may affect all the others.

The trial in New York of the first case of the group, filed by Shirley Boles, 71, will be one of three so-called bellwether cases that may point the way to out-of-court settlements.

Continue reading "Merck Faces First Trial of Claim That Fosamax Attacks Jawbone " »

August 12, 2009

Speedy Chinese Drywall Litigation Given Thumbs up

As investigators with the Consumer Product Safety Commission prepared for a visit to China next week to look into tainted drywall, the federal judge overseeing the massive basket of legal cases reiterated his plan to speed the proceedings along.

In a report to Congress, the federal agency -- leading the investigation into Chinese drywall -- said it had received permission from Chinese officials for the trip, scheduled to begin on Monday.

Meanwhile, Judge Eldon E. Fallon, who plans to begin "bellwether" trials in January, told both sides during a status conference in New Orleans on Tuesday that he expected discovery to begin in a few weeks.

The process will be sped along by the use of "profile forms" rather than traditional interrogatories that can get mired in procedural delays.

Fallon also said he wanted an agreed-upon plan for inspecting and identifying affected homes by Friday. The inspections should determine whether a home had Chinese drywall and, if so, what kind of damage was present, Fallon said.

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August 12, 2009

University Settles Lawsuit Brought by Students' Families for $500 K

The University of Utah has settled a lawsuit brought by the families of seven Chinese scholars killed in a 2003 van rollover, cutting short a two-week trial in a Salt Lake City courtroom.

State officials agreed to pay the plaintiffs, who include three men injured in the crash, nearly $500,000, just under a ceiling above which any settlement would require legislative approval. The U.'s offer came Thursday after the victims' widows testified, leaving the jury in tears.

When the U. agreed to host the Chinese delegation in 2002, the school assumed responsibility for arranging the scholars' travel within the U.S., court records indicate. Attorneys for the families alleged the university acted negligently by contracting with an unlicensed travel business in New York, which in turn hired a driver unqualified to pilot the oversized van that plunged off a snow-covered Pennsylvania highway and folded against a tree.

Coupled with a settlement from the van owner's insurer, Friday's settlement means the 10 families split $800,000.

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August 11, 2009

Hospital Staff Wrongly Declared Infant Dead Malpractice Claim Filed

A WV Kanawha County couple say both they and their newborn baby were traumatized permanently when staff at a Charleston hospital informed them the baby died only to later discover he was in fact alive.

Charleston Area Medical Center, Pediatrix Medical Group and Dr. Davangere M. Jayaram are named as co-defendants in medical malpractice suit filed by Carmela and Joseph Newhouse of Elkview. In their complaint filed July 28 in Kanawha Circuit Court, the Newhouses allege Jayaram, and staff from Pediatrix and CAMC misinformed them of the death of their son, Camren, who is now permanently injured after his premature removal from life-support systems.

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August 11, 2009

Merck Faces Product Liablity Claim That Fosamax Attacks Jawbone

Merck & Co., the drugmaker facing 900 lawsuits over claims that its osteoporosis drug Fosamax causes the death of jawbone tissue, goes to trial tomorrow in a case that may affect all the others.

The trial in New York of the first case of the group, filed by Shirley Boles, 71, will be one of three so-called bellwether cases that may point the way to out-of-court settlements.

“In mass litigation, all eyes are on the first trial, not only because it shows the strategy of each side, but also because it’s the first information about how jurors respond to the evidence,” said Howard Erichson, a law professor at Fordham University in New York and an expert on civil procedure.

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August 10, 2009

Prescription Drugs and Defective Drug Side Effects

The side effects known to be caused by such prescription drugs as Accutane, Byetta, Chantix, Digitek, Fentanyl patches, Heparin, Nuvaring, Paxil, Levaquin Yaz/Yasmin and Ortho Evra just to name a few, were repeatedly covered up instead of having FDA approval.

If you or someone you know is taking or has taken prescription drugs in the past, and have experienced serious side effects from them, you should report a side effect to the FDA, CLICK HERE FOR MORE INFORMATION.

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August 10, 2009

Levaquin Lawsuits and Side Effects

The various Levaquin antibiotic lawsuits that have been filed in the state of New Jersey due to Levaquin side effects may be consolidated before a single judge. The alleged tendon rupture problems associated with Levaquin medicine and the resulting adverse affects are prompting many plaintiffs towards legal action.

As is the usual feature for class action lawsuits and consolidations, plaintiffs all appear to have similar complaints and allegations with regard to Levaquin (levofloxacin) and the potential for adverse effects involving tendons.

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August 10, 2009

Yaz Yasmin and Drospirenone Side Effects

Yaz and Yasmin are different from other combination birth control pills because they both contain a new type of progestin hormone known as drsp or drospirenone.

However, drospirenone has diuretic activity that can cause an increase in the user’s potassium levels, which can lead to dangerous health problems and is especially dangerous to users who have pre-existing kidney, liver and adrenal disease.

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August 9, 2009

Yaz Side Effects and Pulmonary Embolism

Yaz birth control increases the risk of pulmonary embolism, a condition in which an artery in the lung (part of the body's pulmonary system) is blocked by a blood clot so the blood cannot get through to the lung.

All combined-hormone contraceptives (including Yaz birth control pills) increase a woman's likelihood of suffering a pulmonary embolism, especially if she uses the contraceptive and:

* smokes
* is over 35
* has a family or personal history of pulmonary embolism

Continue reading "Yaz Side Effects and Pulmonary Embolism" »

August 9, 2009

Yasmin Generic Lawsuit Knocks out Bayer's Patent over Birth Control Pill

A federal appeals court has invalidated Bayer’s patent for the birth control pill Yasmin, allowing Teva Pharmaceuticals to produce the generic version, Ocella, without licensing the drug.

The U.S. Court of Appeals affirmed a lower court’s finding that the use of the progestin drospirenone that led to Yasmin were too obvious a pharmaceutical development for Bayer to patent.

Yasmin is an oral contraceptive that combines drospirenone with the estrogen component ethinyl estriadol to prohibit ovulation. While many birth control pills use ethinyl estriadol in combination with progestins, Yasmin was the first to use drospirenone.

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August 9, 2009

Yasmin/Yaz Side Effects Caused Several Deaths: Lawsuits filed

Federal lawsuits have been filed in Ohio and Wisconsin alleging that since Yasmin/Yaz has been available on the market, it has been responsible for over 50 deaths and hundreds of health concerns due to complications with the medicine.

According to medical reports, patients with preexisting conditions such as diabetes, chronic high blood pressure, and several others are at a high risk of dangerous Yasmin side effects.

Yasmin and Yaz are monophasic, combined oral contraceptive pills, developed by Bayer AG. They are a combination of two main chemicals: drospirenone and ethinylestradiol. The complications seem to be a result of the drospirenone; as it is processed in the body, women can experience incresed levels of potassium in their blood over a period of time.

Complications arising from increased potassium levels in the blood include deep vein thrombosis, pulmonary embolism, stroke, blood clots and renal (kidney) complications.

Report Yaz/Yasmin side effects to the FDA.

Continue reading "Yasmin/Yaz Side Effects Caused Several Deaths: Lawsuits filed" »

August 8, 2009

Birth Control Pill Yaz and Cardiovascular Side Effects

YAZ (3 mg drospirenone/20 mcg ethinyl estradiol) is an oral contraceptive (OC) which is the first pill to combine 20 mcg of ethinyl estradiol (EE) with the so-called "fourth generation" progestin drospirenone (DRSP). YAZ was approved by the FDA in March 2006.

A company press release: "FDA Approves YAZ(R), The First Oral Contraceptive To Offer Drospirenone In A 24-Day, Active-Pill Regimen", issued at the time of FDA approval.

File a report of side effects of YAZ/YASMIN to the FDA here.

Continue reading "Birth Control Pill Yaz and Cardiovascular Side Effects" »

August 8, 2009

YAZ, Yasmin, and Ocella Pills Cause a Higher Rate of Blood Clots

Estrogen Combined With New Progestin Drospirenone (DRSP) Increase Risks Of Serious Side Effects Like Pulmonary Embolism, Stroke, And Heart Attack

All hormonal birth control options are associated with health risks. The oral contraceptive pills YAZ, Yasmin, and Ocella are associated with a possible higher rate of blood clots. Blood clots can cause serious side effects from YAZ, Yasmin, and Ocella – namely, stroke, heart attack, pulmonary embolism, and deep vein thrombosis.

A blood clot which begins in one part of the body can become a thromboembolism – essentially a blood clot that moves. A clot which moves into the lungs, heart, or brain is a very serious condition which can be fatal, and result in death.

Deep vein thrombosis, DVT, is a blood clot which most commonly forms in the leg. A pulmonary embolism, PE is a dangerous condition in which a clot forms in or has moved into the lungs. When a clot reaches the heart it can cause a heart attack, and clots in the brain can lead to strokes.

There are three possible reasons, or ways, that YAZ, Yasmin, and Ocella are suspected to increase a woman’s risk for thrombosis and thromboembolism: estrogen / progestin combination; DRSP’s link to hyperkalemia; and, DRSP’s diuretic effect.

Continue reading "YAZ, Yasmin, and Ocella Pills Cause a Higher Rate of Blood Clots " »

August 8, 2009

Yaz/Yasmin Side Effects Leads to Mass Tort Lawsuits

There is a mounting number of lawsuits being filed against Bayer HealthCare Pharmaceuticals, and the plaintiff’s attorneys across the United States are calling this the latest mass tort. The product liability and personal injury lawsuits against the major pharmaceutical company all allege serious injuries and in some cases death is caused by the fourth generation oral contraceptives, Yaz and Yasmin.

While the two birth control pills are not exactly the same, they are very similar. They both contain the novel progestin component, drospirenone, which is a diuretic that has the potential to significantly increase a risk of increased potassium levels which can lead to both gallbladder damage and blood clots.

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August 8, 2009

Mylan Faces Several Product Liability Lawsuits Over Fentanyl Pain Patches

A Texas law firm is targeting generic drug giant Mylan Inc., along with other pharmaceutical companies, in product liability lawsuits related to the manufacture of pain patches.

The lawsuits involve the powerful painkiller fentanyl, which is applied to the skin in a patch for the slow release of the medication. In the Mylan lawsuits, the plaintiffs attribute 28 deaths to the patches.

Mylan makes the patches at its plant in St. Albans, Vt., which is operated by Mylan subsidiary Mylan Technologies Inc.

“We think there was a manufacturer defect,” according to the plaintiffs' attorney. “What we don’t know is the exact nature of the defect.”

Mylan has denied liability in court filings.

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August 7, 2009

Report: Texas Dental Board is Full of Errors According to Audit

A new report blasts the Texas agency that oversees dentists and hygienists, finding that its databases are replete with sloppy errors, that information reported to the public is flawed and that its new $118,000 enforcement system is "not fully functional or reliable."

The Texas State Board of Dental Examiners plans to buy a new automated system for $644,000 to address some of the problems found in the audit released this week.

A skeptical-sounding report by the State Auditor’s Office noted that "Given the difficulties the agency has had in the past in designing, implementing, and maintaining automated systems, it will be imperative that the agency use a systematic process for installing, customizing, testing, and implementing the new system to ensure that the existing problems do not occur in the new system."

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August 6, 2009

Defective Drug: Yaz/Yasmin Side Effects Includes Pulmonary Embolism

Yaz, is manufactured by Bayer Pharmaceuticals, and there are at least 32 federal court cases pending against Bayer regarding their contraceptive pill and the side effects.

There are serious side effects that include:

* Blood clots in the legs – Oral contraceptives have warned of the potential for blood clots for years, but it has been alleged that Yaz causes deep vein thrombosis (DVT), which can lead to a pulmonary embolism (PE).
* Pulmonary embolism (PE) – These are caused by the DVT leg blood clots breaking off and lodging in the lungs.
* Heart attack – These are probably caused by blood clots in the coronary arteries.
* Stroke – These are caused by the DVT leg blood clots breaking off and lodging in the brain.
* Liver damage – Liver damage has also been associated with Yaz.

Continue reading "Defective Drug: Yaz/Yasmin Side Effects Includes Pulmonary Embolism" »

August 6, 2009

Jury Awards $1.6 M in Pasco Florida School Bus Crash

A Florida jury found the Pasco County school district negligent in a 2006 crash that severely injured a 16-year-old boy.

The jury awarded Marcus Button, now 19, and his parents, Robin and Mark Button, $1.625 M in damages, which his mother has said she will use to pay for his continuing medical care.

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August 6, 2009

Parkinson Disease and Heart Disease linked to Agent Orange

An expert panel reported that two more diseases may be linked to exposure to Agent Orange, a defoliant used by the American military during the Vietnam War.

People exposed to the chemical appear, at least tentatively, to be more likely to develop Parkinson’s disease and ischemic heart disease, according to the report. The report was written by a 14-member committee charged by the Institute of Medicine with determining whether certain medical conditions were caused by exposure to herbicides used to clear stretches of jungle.

The results, though not conclusive, are an important first step for veterans groups working to get the government to help pay for treatment of illnesses they believe have roots on the battlefield. Some other conditions linked to Agent Orange already qualify.

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August 5, 2009

Yasmin / Yaz Defective Drug Lawsuit Consolidation

It is common in defective drugs claims, when a large group of people file lawsuits against a drug maker to have similar allegations that an injury was caused by a side effect of a particular drug.

The plaintiffs are seeking to consolidate all Yasmin and Yaz birth control lawsuits in an MDL, or Multidistrict Litigation, where the individual cases would be assigned to one judge and handled in a manner similar to how a Yasmin / Yaz class action lawsuit would be managed during pretrial litigation.

The Yaz / Yasmin lawyers are reviewing potential lawsuits involving serious and life-threatening injuries caused by these popular birth control pills, and support the formation of an MDL, as it will benefit the women who have experienced Yasmin / Yaz problems.

The motion was filed in July with the U.S. Judicial Panel on Multidistrict Litigation asking that an MDL be formed for the Yasmin / Yaz litigation, and that all of the cases filed in different federal district courts throughout the United States be transferred to the Northern District of Ohio for coordinated handling.

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August 5, 2009

Employer Must Pay $1.7 Million to Nurse Hurt in Hit-and-Run

A district court jury in Hidalgo County has awarded $1,702,709 to a nurse who blamed her employer for the injuries she sustained in a hit-and-run collision.

On April 13, 2005, Andrea Davilla was driving on Chihuahua Road in Penitas on her way to a patient appointment when she was struck head-on by another vehicle, which fled from the scene.

Davilla fractured her pelvis and left leg, arm and ankle, and also needed hip replacement surgery. She hasn't worked since the incident, and it's unlikely she will ever be able to return to nursing.

Davilla sued her employer, Americare Nursing Services, and its owner, Martha Arango, alleging her work schedule was such that she had to drive a dangerous route frequented by drug and human traffickers to get to her appointments. She said Americare refused to change her schedule despite her requests.

Continue reading "Employer Must Pay $1.7 Million to Nurse Hurt in Hit-and-Run" »

August 5, 2009

$1.8 M Judgment in Wrong Diagnosis Medical Malpractice Claim

A $1.8 million medical malpractice claim was paid last week following a jury's verdict in late June that a doctor misdiagnosed a 25-year-old woman's heart condition — causing her to need a heart transplant.

In a trial in Newport News Circuit Court, a jury awarded to Leslie Thorne a $4 million verdict against Dr. David Glick, who works for a group of emergency room doctors who once provided services at Mary Immaculate Hospital.

The judgment was later reduced to $1.8 million because of caps on medical damages in Virginia, said William E. Artz, Thorne's Arlington attorney. An insurance firm paid the claim, he said.

Thorne initially sued three doctors — Glick, as well as William Hunter and Andrew B. Cole, both of Peninsula Emergency Physicians — claiming they were all negligent.

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August 5, 2009

CBS News Investigation Finds 59 Deaths, Hundreds Of Injuries Linked To Yamaha's Off-Road Vehicle

In the swath of Kentucky called the Land Between The Lakes, the Turkey Bay Off-Highway Vehicle Area is a rugged expanse of hills and woodlands crisscrossed by 100 miles of trails. Test drivers came here in July, 2002, to try out the Yamaha Rhino, a new breed of off-road vehicle then in development, and had a mishap that would resonate years later.

Keisuke "Casey" Yoshida, president of a U.S. subsidiary of Yamaha Motor Co. Ltd., was behind the wheel of a Rhino prototype. Ike Miyachi, a company vice president in charge of Rhino development, rode beside him in the passenger seat. After descending a long hill to flat ground, the Rhino tipped over, giving Miyachi a foot injury.

At a meeting weeks later, Yoshida raised a question that now seems prophetic. "Casey wants update on instability of vehicle for future liability cases," according to minutes obtained by CBS News.

Continue reading "CBS News Investigation Finds 59 Deaths, Hundreds Of Injuries Linked To Yamaha's Off-Road Vehicle" »

August 5, 2009

Defective Drugs: Neurontin Lawsuits and Suicide

Pfizer Inc.’s Warner-Lambert unit created a list of 13 ailments that its epilepsy medicine Neurontin could treat as part of its promotion of the drug for unapproved uses, a former employee testified.

“I was trained from day one” to market the drug illegally, David Franklin testified. Franklin, who worked as a medical liaison at the Parke-Davis division of Warner-Lambert, said he encouraged doctors to prescribe Neurontin for uses beyond those approved by the U.S. Food and Drug Administration.

“My job was to promote Neurontin and motivate doctors to experiment” on patients, he said today in federal court in Boston. After being hired as a medical liaison, “I was selling drugs,” he said. The uses promoted were from the “snake-oil list” of 13 medical conditions, said Franklin, a microbiologist.

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August 4, 2009

FDA: Arthritis Drugs Linked to Cancer Risk in children

Federal regulators on Tuesday added stronger warnings to a group of best-selling drugs used to treat arthritis and other inflammatory diseases, saying they can increase the risk of cancer in children and adolescents.

After more than a year of review, Food and Drug Administration scientists said the drugs appear to increase the risk of cancer after they are used beyond 2 1/2 years. The agency studied several dozen reports of cancer in children taking the drugs, some of which were fatal. Half of the cases were lymphomas, a cancer that attacks the immune system.

The drugs are known as tumor necrosis factor blockers and work by neutralizing a protein that, when overproduced, causes inflammation and damage to bones, cartilage and other tissue. The drugs are prescribed to children with rheumatoid arthritis, inflammatory bowel disorder and Crohn's disease.

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August 4, 2009

Yaz and Yasmin and Increased Risk of Cardiovascular Side Effects

Four Yaz and Yasmin lawsuits have been filed in Pennsylvania state court against Bayer, claiming that the company failed to warn consumers that the birth control pills increase the risk of a variety of cardiovascular health problems.

The complaints were filed on July 29 in the Philadelphia Court of Common Pleas on behalf of plaintiffs Rae Anne Bailor, Felicia R. Hill, and couples Erin and Daniel Shae, and Heather and Chris Karabin. The plaintiffs allege that they suffered a variety of ailments after taking the birth control pills, including pulmonary embolisms and health complications that required gallbladder removal for two of the plaintiffs.

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August 4, 2009

No Punitive Damages Against Merck in Fosamax Trial

Merck & Co., facing more than 850 lawsuits over claims that its osteoporosis drug Fosamax may cause irreversible “jaw rot,” won’t face punitive damages in the first trial, a federal judge said.

U.S. District Judge John Keenan said at a hearing today in New York that he’ll release a decision as early as July 31 knocking out the possibility of punitive damages in the case. He’ll deny Merck’s request to rule in its favor on liability, which means the case will go to trial Aug. 11, he said.

Keenan has scheduled three so-called bellwether trials through January to show each side the other’s strategy and possibly point the way to settlements. The judge earlier denied the plaintiffs’ request to treat the litigation as a class, or group, lawsuit allowing them to ask for court-ordered medical monitoring of all Fosamax users.

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August 3, 2009

Carcinogens and Poisons Found in Electronic Cigarettes

The Food and Drug Administration on Wednesday released an analysis of 19 varieties of electronic cigarettes that said half contained nitrosamines (the same carcinogen found in real cigarettes) and many contained diethylene glycol, the poisonous ingredient in antifreeze. Some that claimed to have no nicotine were found to have low levels of the drug.

E-cigarettes are promoted by their manufacturers as safer than traditional cigarettes because they do not burn tobacco. Instead, a lithium battery in the cigarette-shaped device heats a solution of nicotine in propylene glycol, producing a fine mist that can be inhaled to deliver nicotine directly to the lungs.

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August 3, 2009

Neurontin Pfizer Product Liability Lawsuit Dropped

After her family dropped its lawsuit in the midst of trial, Pfizer Inc. won’t face a lawsuit over claims its epilepsy drug Neurontin helped lead a Massachusetts woman to commit suicide,

Susan Bulger’s family agreed to dismiss the suit after an anonymous donor offered to put money in a trust for her 10-year- old daughter, Regina, said Mark Lanier, the family’s lawyer. The trial began July 27 and was scheduled to run three weeks in federal court in Boston.

The suit was the first of about 1,200 involving Neurontin. The family claimed Pfizer, the world’s largest drug company, promoted the medication for unapproved uses and didn’t warn it could increase the risk of suicide until forced to do so by the government. Pfizer said Bulger had a history of drug abuse and had made six suicide attempts before taking her life in 2004.

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August 2, 2009

Defective Drugs: Levaquin Lawsuits and Tendon Rupture

The U.S. Food and Drug Administration (FDA) has notified manufacturers of fluoroquinolone antimicrobial drugs that a Boxed Warning in the product labeling concerning the increased risk of tendinitis and tendon rupture is necessary.

FDA agrees to Public Citizen's request to issue a "black box" warning in the product label and a guide for patients warning of the dangers of tendinitis and tendon rupture with the fluoroquinolone antibiotics, but fails to send a letter to doctors warning of these dangers.

The medications involved in this action are: Cipro and generic ciprofloxacin, Cipro XR and Proquin XR (ciprofloxacin extended release), Factive (gemifloxacin), Levaquin (levofloxacin), Avelox (moxifloxacin), Noroxin (norfloxacin), and Floxin and generic ofloxacin.

Through its new authority under the Food and Drug Administration Amendments Act of 2007 (FDAAA), the agency also determined that it is necessary for manufacturers of the drugs to provide a Medication Guide to patients about possible side effects.

Continue reading "Defective Drugs: Levaquin Lawsuits and Tendon Rupture" »

August 2, 2009

FDA Warning: NJOY Firm Continues to Sell E-Cigarettes

NJOY, the electronic cigarette brand based in Scottsdale, will continue to market the tobacco-less devices despite a warning from the Food and Drug Administration that it could pose health risks.

Public health officials said last week that electronic cigarettes, or "e-cigarettes," may not be such a healthy alternative to traditional cigarettes.

The FDA tested NJOY and another brand. Results showed some of the samples in both brands contained human carcinogens and tobacco impurities suspected of being harmful to humans.

Continue reading "FDA Warning: NJOY Firm Continues to Sell E-Cigarettes " »

August 2, 2009

Defective Drugs: Reglan Lawsuits and Tardive Dyskinesia

The drug Metoclopramide (brand name Reglan, Octamide, Maxolon ) which is used to treat some gastrointestinal disorders such as gastro-esophageal reflux disease (GERD), diabetic gastroparesis and nausea has been linked to the serious neurological movement disorder known as tardive dyskinesia.

On February 26, 2009 the FDA issued an alert warning against chronic use of metoclopramide containing drugs and requiring a boxed warning.

Reglan side effects of tardive dyskinesia and drug induced movement disorders are characterized by rarely reversible symptoms that include random movements in the tongue, lips or jaw as well as facial grimacing, movements of arms, legs, fingers and toes along with swaying movements of the trunk or hip.

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August 2, 2009

Montefiore Hospital to pay $19.2 M for Medical Malpractice

A paralyzed father of three plans to move from a nursing facility back home with his family after winning a $19.2 million negligence award against Montefiore Medical Center earlier this month.

Wilfredo Figueroa, 58, was working as a radiology technician on Sept. 22, 2004, when he was admitted to Montefiore, complaining of severe back pain.

The Bronx hospital's staff failed to diagnose a spinal abscess- an infection on his spinal cord - which rapidly led to his permanent paralysis, according to lawyer Edward Bithorn and court documents.

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August 1, 2009

Arlington Texas Asbestos Litigation

The asbestos lawsuits filed in the United States over the past fifty years constitute the longest running mass tort in the country’s history. A tort is defined as a civil action taken based on a negligent or intentional harm done that is not based on contract law.

A Rand Corporation research says that by the end of 2002, about 730,000 individuals claiming physical harm from asbestos exposure had filed suit against about 8,400 corporations and businesses. At that point, about seventy corporations had filed for bankruptcy protection over their asbestos liability.

Today, in 2009 the number of bankruptcy filings has reached one hundred. The number of lawsuits since 2002 are several hundred thousand in number and they have increased each year. Because the diseases caused by asbestos exposure have latency periods of up to fifty years, many people who were exposed to asbestos decades ago are just now getting sick.

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August 1, 2009

Hepatitis C Medical Malpractice Claims Can Proceed

The central figure of an investigation into the hepatitis C outbreak might have been impaired by a stroke a year ago, but he is competent enough to face medical malpractice charges, according to the state Board of Medical Examiners.

Based on results from an examination performed by Dr. Thomas Kinsora, a clinical neuropsychologist, Dr. Dipak Desai is "borderline" in regards to his ability to assist defense attorneys in his medical board licensing hearing.

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August 1, 2009

$11 M Medical Malpractice Cerebral Palsy Settlement

An $11 million settlement has been reached between a suburban hospital and the family of a Chicago girl, now 4, whose birth injuries were so profound she can't speak, walk or even eat.

Loyola University Medical Center in Maywood agreed to the payout this week, something Stacie Burek said will ensure her daughter receives the medical help necessary to deal with her severe cerebral palsy, a condition that has left the girl in a wheelchair with a feeding tube through her stomach.

Continue reading "$11 M Medical Malpractice Cerebral Palsy Settlement " »

August 1, 2009

Defective Drugs: Yaz and Yasmin Birth Control Lawsuits and Increased Risk of Strokes

Yasmin and Yaz are birth control pills manufactured by Bayer Healthcare. The generic brand Ocella is marketed and distributed by Barr Laboratories, Inc. Yasmin and Yaz contain the same estrogenic compound, ethinyl estradiol, that has been used in the Pill since the 1970s, but the progestin in Yasmin and Yaz is new.

Yasmin and Yaz both contain drospirenone, a "fourth generation" progestin. No other birth control pills contain drospirenone, except for a recently approved generic version of Yasmin and Yaz, called Ocella.

Continue reading "Defective Drugs: Yaz and Yasmin Birth Control Lawsuits and Increased Risk of Strokes" »

August 1, 2009

Swim Club Lawsuit for Brain Damage Caused by Drowning

Three years ago, James Becker was doing what many vigorous 15-year-old boys do - playing baseball, basketball and soccer.

Now he is severely disabled, must use a wheelchair and is under the constant care of his mother.

The accident that reduced James to such circumstances occurred at the Woodcroft Swim Club in Parkville on July 29, 2006, when, his family's lawyer says, he almost drowned. His brain was apparently deprived of adequate oxygen for about 10 minutes.

His parents, William J. Becker III and Mary Becker, have filed a $40 million lawsuit in Baltimore County Circuit Court against the swim club and the company that runs it, D.R.D. Pool Management Inc., accusing them of failing to both "timely recognize and respond" to the struggling boy and to properly perform resuscitation efforts.

Continue reading " Swim Club Lawsuit for Brain Damage Caused by Drowning " »

July 31, 2009

Las Cruces NM Man Gets $1M Settlement in Medical Malpractice Case

A jury has awarded $1 million to a Las Cruces man who alleged a surgeon was negligent in repairing a colon perforation after a colonoscopy.

General surgeon Dr. David Friedman operated on Michael Salopek in February 2005, to repair a tiny perforation he had sustained during a colonoscopy, Las Cruces attorney Marci Beyer said.

However, Friedman did not find the perforation, which continued to leak into Salopek's abdominal area for 11 days. Medical expenses just to find the perforation totaled $165,000, Beyer said.

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July 31, 2009

Defective Drugs: Byetta Lawsuits and Acute Pancreatitiis

Byetta which is used to treat Type 2 diabetes, has side effects that could increase the risk of serious and potentially life threatening pancreatitis.

Reports have found an association between Byetta and pancreatitis. Amylin Pharmaceuticals and Eli Lilly & Co., the manufacturers of the defective drug have failed to adequately warn about the risk of the serious and potentially fatal injury.

Byetta lawsuits are being investigated for users diagnosed with:

* Acute Pancreatitis
* Hemorrhagic Pancreatitis
* Necrotizing Pancreatitis

Potential cases are being evaluated throughout the United States.

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July 30, 2009

Jury Awards $3.5 M in Elmore County Traffic Fatality

A jury deliberated less than an hour before award­ing $3.5 million to the family of a man who died when his van was crushed between two logging trucks in a January 2008 acci­dent in Elmore County.

A Chilton County jury ordered Ken Gorum Trucking and Gary Fruge, the driver of the logging truck, to pay $3.5 million to the family of James Sanderson.

Attorneys Benjamin E. Baker and J. Cole Portis entered evi­dence that the Gorum truck was being operated at a high rate of speed and with defective brakes in violation of Alabama law.

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July 30, 2009

Texas Investigating Scrub Tech in Hepatitis C Medical Malpractice Claim

A surgery technician at the center of a hepatitis C scare in Colorado involving the alleged swapping of patients' clean needles for her dirty ones is being investigated in Texas because she previously worked in a Houston-area hospital.

Kristen Diane Parker, who worked at Christus St. John Hospital in Nassau Bay from May 2005 to October 2006, was indicted in Denver last week on 42 criminal counts. Prosecutors allege 19 people contracted the disease after she swapped the needles.

The Texas and Harris County health departments launched an investigation earlier this month that is still in the early stages, according to officials of both agencies. They said the investigation began after they learned Parker worked in Houston.

Carrie Williams, a spokeswoman for the Texas health department, said the focus is on whether Parker had hepatitis C while at Christus St. John. Only then would patients be notified, she said.

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July 29, 2009

Medical Malpractice Lawsuit: Doctors Caused Leg Amputation

A Steuben County couple has sued a Fort Wayne orthopedics firm, alleging a missed diagnosis for a blood clot caused the wife to lose her leg.

Filed in Allen Superior Court this week by Jeanette Presley and Allen Presley, the lawsuit against Orthopaedics Northeast seeks compensatory damages and comes after the couple received a ruling from the state’s Medical Review Panel that Orthopaedics Northeast failed to comply with appropriate standards of care, according to court documents.

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July 29, 2009

Defective Drug: Yasmin Lawsuits

Yasmin lawsuits are personal injury cases that seek settlements for women injured after taking Yasmin (drospirenone), a contraceptive pill also prescribed in the treatment of moderate acne and premenstrual dysphoric disorder (PMDD) for menstruating women. Yasmin may also be sold under the brand name Yaz, a form of drospirenone manufactured and distributed by Bayer.

Produced by Berlex Laboratories, Inc., Yasmin has been reported to cause a variety of serious side effects since its FDA approval in May 2001. Women injured after taking Yasmin will likely be entitled to compensation by pursuing a Yasmin lawsuit.

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July 29, 2009

Baxter Contaminated Heparin Class Action Lawsuit Still Open

Patients who were harmed because of heparin contamination still have time to bring claims against the makers of the heparin products. Patients may have been exposed to contaminated heparin through injections, pre-filled syringes or IV bags. It is important for people affected by contaminated heparin to hold those responsible accountable for what happened.

Heparin is a blood thinner, used in a variety of procedures, including dialysis and cardiac procedures. In early 2008, the US Food and Drug Administration (FDA) announced a recall of certain Baxter heparin products after the agency received reports of adverse reactions linked to the products. Within a month, hundreds of reports detailing severe reactions to heparin surfaced worldwide. The recall was later expanded to include more products and other companies.

The FDA discovered that the contaminant was oversulfated chondroitin sulphate (OSCS), the reactions to OSCS can be extreme; with large doses of heparin, it can result in death.

Injuries linked to contaminated heparin include nausea, vomiting and flu-like symptoms to anaphylactic shock, coma and even death.

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July 29, 2009

Veteran Blinded During Routine Operation

A federal judge has awarded $749,000 to the estate of a World War II veteran who lost much of his vision during surgery at the Veterans Administration medical facility in Jackson, MS.

U.S. District Judge Tom Lee said in a footnote to Monday’s 18-page ruling that he was inclined to award more money for Charles West’s suffering, “which clearly has been extreme,” but was limited by Mississippi’s pain-and-suffering cap in such lawsuits.

West, claimed in his suit that he suffered damage to the corneas of both eyes during a blepharoplasty, a procedure to remove sagging skin between the eyebrow and the eye lid.

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July 29, 2009

FDA Warns Against Bodybuilding Products Containing Steroids

Federal regulators warned consumers on Tuesday not to use body-building products that are sold as nutritional supplements but may contain steroids or steroidlike substances, citing reports of acute liver injury and kidney failure.

The Food and Drug Administration said it issued the warning because of increased reports of medical problems in men who had used such products.

But except for naming eight specific supplements sold by a single company, the Food and Drug Administration did not provide much clear guidance to consumers on what other products to avoid. The F.D.A. acknowledged that it did not know how many products its warning affect

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July 28, 2009

Defective Drug: Accutane Lawsuits and Inflammatory Bowel Disease

Accutane has been a controversial acne medication because of the serious risk of side effects and suicides attributed to it. The FDA warned physicians prescribing the acne medication to be aware of any signs of depression their patients might display. Accutane manufacturer Hoffman-LaRoche did not warn patients and healthcare professionals of the potential risks involved with Accutane until after the FDA made this advisement.

In October 2001, Congressman Bart Stupak expressed his concerns about Accutane following the suicide of his son who was taking Accutane. Accutane manufacturer has warned physicians that the acne drug can possibly cause "depression, psychotic symptoms, and rarely suicide attempts," but still the company maintains they believe the drug is safe. In addition, Accutane carries high risk of serious birth defects, including deformed babies, miscarriage, premature birth, or death of the baby.

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July 28, 2009

Suit Filed in Death of Tot Left in Car

The parents of a toddler who died July 1 in a locked minivan outside a Bucks County daycare center - forgotten there for more than six hours - have filed a negligence lawsuit against the center and its owners.

Daniel Slutsky, 2, died of hyperthermia in the back seat of a van belonging to his neighbor, Rimma Shvartsman, a co-owner of Fairy Tales Daycare Center in Penndel.

In the suit, filed in Philadelphia, Gil and Lyudmila Slutsky seek an unspecified amount of damages, saying Fairy Tales and its owners "were under a legal and moral duty to provide competent and safe care" for their son.

Law enforcement authorities are still investigating the death, and Bucks Count District Attorney Michelle Henry has not ruled out possible criminal charges.

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July 27, 2009

Medical Malpractice Trial Over Addicted Doctor Begins

A former doctor who admitted he was abusing prescription drugs agreed to settle the medical malpractice lawsuit against him in St. Louis County court this week.

The patient, John W. Campbell, accused Michael Impey of putting a hole in his colon during a medical procedure in 2006. About a foot of Campbell's colon was removed as a result of the injury.

Impey, who lost his medical license soon after the incident because he was abusing pain pills, agreed to settle Tuesday for an undisclosed amount.

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July 26, 2009

Airman Loses Legs After Gallbladder Operation

A 20-year-old airman was in critical condition at University of California Davis Medical Center on Monday, after losing both legs in what his family described as complications of routine gallbladder surgery.

Neither the medical center nor Travis Air Force Base, where Airman 1st Class Colton Read underwent surgery this month, would comment on specifics of his case.

Travis said only that a "serious medical incident" occurred at its David Grant Medical Center on July 9 and is being investigated by the base, a national hospital accrediting commission and the U.S. Surgeon General.

Read, who was stationed at Beale Air Force Base east of Marysville, Calif., was supposed to get his gallbladder removed laparoscopically at the Travis hospital, said his wife, Jessica Read.

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July 25, 2009

Wrongful Death by Dentist After Tools Lost

A Winter Park Florida dentist who twice dropped tools down the throat of an elderly patient -- a 90-year-old man who died after the second incident -- is being sued for negligence.

Relatives of Charles K. Gaal Jr. recently filed the suit in Orange County Circuit Court against Dr. Wesley Meyers of Aloma Park Dental.

They accuse Meyers of failing to take precautions to guard against dropping and losing his dental tools down Gaal's throat and failing to handle his tools properly during the second incident, which occurred May 1, 2007.

On Oct. 4, 2006, while he was performing work on Gaal, Meyers dropped an "implant screwdriver tool" down the patient's throat.

Gaal swallowed the tool and two days later, he underwent a colonoscopy. The tool was removed from his intestines, the suit said.

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July 25, 2009

Fleet Phospate Class Action Lawsuits For Kidney Damage

If you took an oral sodium phosphate (OSP) to clean your bowels prior to a colonoscopy and have developed kidney damage, there is a chance your health problems are linked to the use of the OSP. In 2008, certain oral sodium phosphates, including OsmoPrep and Visicol were given a black box warning, the highest warning required by the FDA, alerting patients to the risk of kidney damage.

The OsmoPrep and the Visicol are prescription drugs, and there is also an over-the-counter preparation called a Fleet enema. These also have been linked with acute kidney damage when used as bowel preparation for a colonoscopy but not when used as a laxative. In 2008, they were also given a black box warning that warns of the potential risks of renal failure."

There are some people who are more susceptible to renal failure than others. Some factors that can affect a patient's susceptibility include having pre-existing kidney damage, being dehydrated while taking the OSP, being on an angiotensin-converting enzyme (ACE) inhibitor while taking the OSP, being on an angiotensin receptor blocker (ARB) while taking the OSP, having increased bowel transit times (such as a bowel obstruction or colitis), or being on a non-steroidal anti-inflammatory drug (NSAID) while taking the OSP. A final risk factor is being 55 years of age or older at the time the OSP is taken.

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July 24, 2009

Legal Immunity set for Swine Flu Vaccine Makers

The last time the government embarked on a major vaccine campaign against a new swine flu, thousands filed claims contending they suffered side effects from the shots. This time, the government has already taken steps to head that off.

Vaccine makers and federal officials will be immune from lawsuits that result from any new swine flu vaccine, under a document signed by Secretary of Health and Human Services Kathleen Sebelius.

Since the 1980s, the government has protected vaccine makers against lawsuits over the use of childhood vaccines. Instead, a federal court handles claims and decides who will be paid from a special fund.

The document signed by Sebelius last month grants immunity to those making a swine flu vaccine, under the provisions of a 2006 law for public health emergencies. It allows for a compensation fund, if needed.

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July 23, 2009

$14 M DUI Award Restored in Washington State

The Supreme Court in Washington state unanimously reinstated a $14 million award to a family who sued a tavern and a bartender after one of the bar's customers drove away from the establishment and collided with their car, leaving a 7-year-old-boy a paraplegic.

Under state law, bartenders who serve visibly intoxicated customers are liable for damages to potential victims. At question was the type of evidence needed to prove "negligent overservice."

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July 22, 2009

Missouri Hog Farm Lawsuit Settled for $1.1 M

A couple who lives near Stockton Lake, MO has been awarded $1.1 million in a lawsuit settlement because of the stench from a nearby factory hog farm.

Ed and Ruth McEowen filed the nuisance lawsuit against the hog operators after barns were erected less than 1,000 feet from their home several years ago.

“Night was always the worst,” Ed McEowen said. “It’s like the monsters come out at night. The sickening stench just lays down here in the valley once the sun goes down. You could never invite anybody over because you never knew how bad the stench was going to be.”

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July 22, 2009

Avandia Class Action Lawsuits and Increased Risk of Strokes

If you are a patient taking Avandia and have suffered a heart attack or stroke, you need to seek legal advice as the time for filing a lawsuit may be running out, . Avandia is used to treat type 2 diabetes mellitus but studies have linked Avandia to an increased risk of adverse heart events.

Avandia was found to have an increased risk of heart attacks and strokes, the problems it causes are similar to those caused by Vioxx. Avandia is believed to increase a certain subset of cholesterol that also increases the risk of heart attacks.

The FDA issued a safety alert in May, 2007, based on different studies, and found that people with underlying heart disease are at an increased risk of one of those events [heart attack or stroke] if they are taking Avandia. There was a meta-analysis, where researchers looked at different studies, and that showed a 30 to 40 percent greater risk of a heart attack in patients treated with Avandia than people treated with a placebo or other diabetes therapies.

Continue reading "Avandia Class Action Lawsuits and Increased Risk of Strokes" »

July 21, 2009

Texas Jury Awards $9.6 M to Worker Injured in Industrial Accident

An industrial worker who suffered severe eye damage after he was doused in acid in an April 2006 workplace accident has been awarded $9.6 million by a Houston jury, according to the Houston law firm that represents the worker.

The jury in the 295th State District Court of Harris County found Dallas-based Occidental Chemical Corp., a unit of Occidental Petroleum Corp., negligently designed the acid addition system to which Equistar Chemicals L.P. worker Jason Jenkins was adding acid at the Lyondell Bayport facility when the accident occurred.

Jenkins, who lost most of his vision in one eye, alleged that Occidental's system lacked a pressure indicator and it failed to properly vent pressure to prevent worker injury. The faulty design vented pressure near Jenkins' face, according to trial evidence. Occidental denied the allegations.

Continue reading "Texas Jury Awards $9.6 M to Worker Injured in Industrial Accident" »

July 20, 2009

Defective Drug: Nuvaring Lawsuits and Increased Risk of Stroke

Introduced in the U.S. in July 2002, NuvaRing is a vaginal contraceptive ring that is over 98 percent effective at preventing pregnancy when it is used properly.

NuvaRing birth control works over the course of three weeks by slowly releasing hormones into a woman's body. While NuvaRing needs to be removed during the fourth week of a month (to allow for menstruation), the contraceptive effects of this birth control device continue to persist.

Currently, over 1.5 million women in 32 countries, including the U.S., the Netherlands and Australia, use NuvaRing.

Continue reading "Defective Drug: Nuvaring Lawsuits and Increased Risk of Stroke" »

July 20, 2009

Chantix Diabetes Side Effects and Lawsuits

According to adverse drug event reports received by the FDA, there may be a connection between the use of Chantix and diabetes. The drug has been linked with a number of reports involving new onset diabetes.

The Chantix attorneys at Dr Shezad Malik Law Firm are evaluating the potential for legal cases on behalf of individuals who were diagnosed with diabetes for the first time after using Chantix.

While studies have not firmly established that Chantix causes diabetes, sufficient reports of problems associated with the use of the drug warrant further investigation. Potential cases are being reviewed throughout the United States.

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July 20, 2009

Fleet Phospho-soda and Acute Phosphate Nephropathy Lawsuits

The use of oral sodium phosphate products, like Fleet Phospho-soda, Visicol and OsmoPrep, to clear out the bowels before a colonoscopy or other medical procedure, have been associated with the development of a rare but serious form of kidney injury known as acute phosphate nephropathy.

The Fleet Phospho-soda attorneys at Dr Shezad Malik Law Firm are investigating potential Acute Phosphate Nephropathy lawsuits for patients who have been diagnosed with the kidney condition after using an over-the-counter Fleet Phospho-soda laxative at high doses for colonoscopy prep.

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July 18, 2009

Zicam Matrixx Initiatives, Inc. Investor Class Action Lawsuit

An investor with Matrixx Initiatives, Inc. the maker of Zicam, has filed a proposed securities class action lawsuit in the United States District Court for the District of Arizona on behalf of shareholders of Matrixx Initiatives, Inc., who purchased Matrixx stock between December 22, 2007 and June 15, 2009, in relation to Matrixx Initiatives alleged violations of FDA regulations involving the Zicam Cold Remedy products.

Continue reading "Zicam Matrixx Initiatives, Inc. Investor Class Action Lawsuit" »

July 17, 2009

Accutane Lawsuits and Litigation

Millions of people who have used the prescription acne medication call it a miracle. But the drug also has been the target of lawsuits, federal investigations and scientists who say the drug is overused and that its dangers outweigh its benefits.

But now Accutane is gone. Its maker, Swiss pharmaceutical giant Roche Holding, pulled it from the market last week. The company maintains the drug is safe but says it can't compete with generic versions that flooded the U.S. market several years ago.

Others say Roche has had trouble shaking off the studies and lawsuits that link it to everything from birth defects to depression. Juries recently awarded at least $33 million in damages to users who blamed the drug for bowel disorders.

"We've never advocated this drug being taken off the market," said Dr. Sidney Wolfe of Public Citizen, a consumer advocacy group that has been vocal about Accutane.

Click here for the Accutane Case List

Continue reading "Accutane Lawsuits and Litigation" »

July 16, 2009

Midland Texas Wells Contaminated with Chromium

Beverly Crouch spent hundreds of dollars on chemicals last fall to try to get the green tinge out of her backyard pool.

It wasn't until two months ago that she learned why the chemicals she put into her 13,000-gallon, above-ground pool wouldn't clear the water. The green color came from well water contaminated with hexavalent chromium, a known human carcinogen.

Crouch, 44, isn't alone. Some of her neighbors' wells gushed water the color of urine.

Texas environmental officials are still trying to determine the extent of the contamination. Later this month, they will ask the U.S. Environmental Protection Agency to consider the site for federal Superfund status.

After that, efforts will begin to find who dumped the dangerous chemical, which appears to have been in the area for years, according to one environmental investigator.

Continue reading "Midland Texas Wells Contaminated with Chromium" »

July 15, 2009

Denture Cream Lawsuits

U.S. District Judge Cecilia M. Altonaga, who is handling the consolidated Fixodent and Super PoliGrip lawsuits filed over zinc poisoning from denture creams, issued an order designating lawyers to serve in leadership positions in the MDL, or Multidistrict litigation. These denture cream lawyers will perform services that benefit all of the plaintiffs involved in the litigation during the pretrial proceedings.

On June 9, 2009, the Judicial Panel on Multidistrict Litigation centralized all federal denture cream lawsuits before Judge Altonaga in the U.S. District Court for the Southern District of Florida, for coordinated discovery and pretrial litigation.

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July 15, 2009

FDA Safety Information and Adverse Event Reporting Program

MedWatch June 2009 Drug Safety Labeling Changes posting includes 31 drug products with safety labeling changes to the following sections: BOXED WARNING, CONTRAINDICATIONS, WARNINGS, PRECAUTIONS, ADVERSE REACTIONS, PATIENT PACKAGE INSERT, and MEDICATION GUIDE.

The "Summary Page" provides a listing of drug names and safety labeling sections revised:

Continue reading "FDA Safety Information and Adverse Event Reporting Program" »

July 15, 2009

Rhabdomyolysis and Cholesterol Lowering Drugs

A serious and potentially fatal muscle condition, known as Rhabdomyolysis, could be caused a number of different prescription medications.

The use of statin drugs, such as Baycol and Crestor, have been linked to side effects of Rhabdomyolysis, and the combination of drugs containing simvastatin, such as Zocor, Vytorin and Simcor, with heart drugs containing amiodarone, such as Cordarone and Pacerone, could increase the risk of the disorder. Recent reports also suggest that the dietary supplement Hydroxycut is associated with reports of rhabdomyolysis.

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July 14, 2009

Shoulder Pain Pump Litigation

The use of intra-articular pumps, also known as pain pumps or pain balls, to deliver medication to the shoulder following arthroscopic shoulder surgery has been linked to the development of a painful and debilitating condition which causes the loss of cartilage in the shoulder. The condition, known as Postarthroscopic Glenohumeral Chondrolysis or PAGCL, has no consistently successful treatment and often results in permanent shoulder pain.

STATUS OF SHOULDER PAIN PUMP LITIGATION: Lawsuits are currently pending and potential cases are still being reviewed by product liability lawyers. Motions have been filed to consolidate all Federal shoulder pain pump lawsuits and transfer the cases to one court for pre-trial proceedings.

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July 14, 2009

Bayer Sued Over Safety of Birth Control Pills Yaz and Yasmin

First came the warning letter from the U.S. Food and Drug Administration; now lawsuits.

Bayer HealthCare Pharmaceuticals has been hit with four individual federal lawsuits -- three in Ohio, one in Wisconsin -- involving the safety of its popular birth control pills Yaz and Yasmin.

The lawsuits -- which were filed on July 7, 9 and 10 -- come after Bayer reached an agreement with the Food and Drug Administration in 2008 to run a $20 million corrective ad campaign for overstating the benefits of Yaz and downplaying its risks. The FDA had issued Bayer a warning letter about the ads, noting that Yaz actually has additional risks compared to other birth control pills because it contains the progestin drospirenone, which can increase potassium levels.

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July 13, 2009

Medtronic Paradigm Recall: Quick-Set Infusion Sets for MiniMed Insulin Pump

Medtronic Inc. has recalled three million disposable infusion sets designed for their MiniMed Paradigm insulin pumps after discovering that some of them could deliver incorrect doses of insulin, potentially leading to injury or death.

The Medtronic Paradigm recall involves one lot of Quick-set infusion sets, which are disposable plastic tubes used to infuse a diabetes patient from the Medtronic insulin pump. They are usually replaced after three days. Medtronic issued a press release on July 10 alerting users that approximately 2%, or about 60,000 units, from one lot of its infusion sets have a defect that could give too much insulin to the patient.

Continue reading "Medtronic Paradigm Recall: Quick-Set Infusion Sets for MiniMed Insulin Pump" »

July 13, 2009

W. Va. Soldiers sue KBR for Chemical Exposure in Iraq

Russell Powell wondered for years after he returned from Iraq why he couldn't run even short distances without wheezing.

Following his yearlong tour of duty that ended in 2004, he coached his son's Little League team, but had to stop because it exhausted him.

The 34-year-old, who was able to run two miles in 9:44 before he went to Iraq in 2003, said now he is lucky to finish in 20 minutes.

He was discharged from the West Virginia Army National Guard for medical reasons at the end of 2008 because he was unable to meet physical requirements. Since he started his new job as a corrections officer for a West Virginia prison earlier this year, he's had to use several sick days and vacation days to visit doctors.

Continue reading "W. Va. Soldiers sue KBR for Chemical Exposure in Iraq " »

July 11, 2009

Texas Firm Agrees to Clean up Mercury Spills to Settle Lawsuit

Two years after several environmental groups sued, a Houston energy company has agreed to clean up mercury contamination around its natural gas wells in the Monroe area.

EnerVest Operating LLC will decontaminate land in Ouachita, Union and Morehouse parishes and replace about 400 leaky mercury meters the company uses to gauge well and pipeline pressure, according to a settlement approved last week by the U.S. District Court for the Western District of Louisiana.

The deal comes more than two years after EnerVest was sued for allowing mercury to seep into the land surrounding its wells in northeast Louisiana. The company failed to properly dispose of mercury and clean up spills from meters, according to the lawsuit filed by the Louisiana Audubon Council, the Sierra Club, the Gulf Restoration Network and the Louisiana Environmental Action Network. Nor did EnerVest upgrade its meters to more environmentally friendly models that have become "the industry standard," the groups said.

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July 10, 2009

Zicam Lawsuit and the FDA

Has a Zicam nasal cold remedy robbed you of your sense of smell, and possibly the ability to taste? If so you have probably been stricken with a condition called anosmia – loss of sense of smell, sometimes accompanied by loss of sense of taste - related to the presence of zinc gluconate in Zicam intranasal cold remedies. Like thousands of other people who have used Zicam nasal gel or swabs, you probably had no idea that these products could be so dangerous.

Matrixx Initiatives, Inc. has had to remove several varieties of Zicam nasal cold remedies from the market because of their association with anosmia. The lawyers at our firm are currently representing scores of people in personal injury lawsuits who lost their ability to smell, and in some cases taste, after using a Zicam nasal gel or swab to treat or prevent a cold.

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July 10, 2009

Midlothian Texas Residents to be Studied for Industrial Pollution

Federal and state officials plan to interview about 100 Midlothian residents next week as part of an environmental study to see whether a link exists between industrial pollution and human and animal health problems, including birth defects.

Midlothian, southeast of Fort Worth, has 10 cement kilns, one of the largest concentrations in the country and a major source of industrial pollution in North Texas, according to environmental groups. Residents also worry about emissions from a steel plant in this community of about 15,000.

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July 10, 2009

$31 M Verdict Against Ohio Hospital Negated by Settlement Agreement

A $31 million verdict against Miami Valley Hospital in Dayton, Ohio, could be the largest jury award for a medical malpractice case in Ohio history, though a settlement agreement makes it unlikely the hospital will have to pay that much.

As the jury was deliberating, after a four-week trial before Montgomery County Common Pleas Judge Timothy O’Connell, attorneys for the hospital and the family of Leondo Stanziano worked out a settlement agreement.

Continue reading "$31 M Verdict Against Ohio Hospital Negated by Settlement Agreement" »

July 9, 2009

Dallas County to Settle Two Jail Inmate Lawsuits

Dallas County commissioners voted Tuesday to settle two federal jail neglect lawsuits for close to a half-million dollars.

County officials say the lawsuits are the last major legal claims related to prior conditions in the jail system, which were described a few years ago by federal investigators as being dangerous to inmates' well-being.

As a result of the settlements, the family of former inmate Rosie Sims will receive $250,000, and former inmate Bruce A. McDonald will receive $190,000, minus legal expenses.

Sims, 60, who was mentally ill, died in the Dallas County jail in 2005.

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July 9, 2009

Troubles at Philadelphia VA Continue

Is Gary Kao a renegade physician, or maybe just a doctor who was allowed to get in over his head?

Kao is the only person whom officials have identified in the unfolding scandal over substandard radioactive seed implants at the Philadelphia VA Medical Center.

As the radiation oncologist who did most of the implants, Kao played a central role. But a cast of actors supported and directed him - week after week, for six years - until the VA suspended the program a year ago.

Those actors included a medical physicist with little experience in developing implant treatment plans, a radiation-safety committee that allowed crucial radiation-dosage calculations to go undone, and Nuclear Regulatory Commission inspectors who let Kao revise two patients' treatment plans to avoid reporting medical errors, according to the Veterans Affairs investigation report.

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July 8, 2009

Yasmin and Yaz Side Effects

Yasmin was introduced in 2001 by Berlex Laboratories as a combined hormonal oral contraceptive. After Berlex was acquired by Bayer Healthcare in 2006, they marketed Yaz, which was an identical drug to Yasmin, except that Yasmin contained 30 mcg of ethinyl estradiol, while Yaz contained 20 mcg. Yasmin/Yaz was sold throughout the world but they are linked with problems and side effects.

Side effects such as Deep Vein Thrombosis (DVT), Pulmonary Embolism (PE), heart attack, stroke and death were prevalent among women who used Yasmin/Yaz. These problems were linked to drospirenone, which acts as a diuretic related to spironolactone. This causes high potassium levels, called hyperkalemia, which results in serious heart problems and other serious health issues.

Continue reading "Yasmin and Yaz Side Effects" »

July 8, 2009

Litigation Over Johnson & Johnson Antibiotic Levaquin Designated N.J. Mass Tort

The New Jersey Supreme Court has designated mounting litigation over the Johnson & Johnson antibiotic Levaquin as a mass tort and has assigned it to an Atlantic County, N.J., judge. The suits charge that the drug, which is prescribed for bacterial infections of the lungs, urinary tract and skin, has caused Achilles' tendon ruptures and other damage.

The plaintiffs law firm that sought mass-tort status, Douglas & London of New York, maintains that the litigation will likely involve thousands of cases with the same defendants, similar complex issues of law and fact, and plaintiffs with a high degree of commonality in their injuries and damages.

The firm, which has filed six Levaquin suits in New Jersey, also said Atlantic County is appropriate because its docket is less crowded than those in Bergen or Middlesex counties, the other venues hearing mass-tort cases.

Continue reading "Litigation Over Johnson & Johnson Antibiotic Levaquin Designated N.J. Mass Tort" »

July 5, 2009

Defective Drugs: Chantix

Side effects of Chantix could increase the risk of suicide or lead to a number of serious and life-threatening injuries.

The side effects of Chantix are being reviewed for potential lawsuits for individuals who suffered severe physical injury or death which may be related to the use of Chantix. The anti-smoking drug has been linked to a number of psychological side effects and other problems which could be caused by the effect the drug has on the brain.

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July 5, 2009

County Settles in Cyclist's Death After Crash

Santa Clara County has agreed to pay $2.3 M to the parents of one of the bicyclists killed when a former sheriff's deputy drove his patrol car into a group of cyclists.

The payment settles a lawsuit filed against both the county and the deputy by the family of cyclist Matt Peterson, 29, who was killed in the crash. Negotiations are still ongoing in civil suits filed by the family of the other cyclist who died, Kristy Gough, 30, and with Christopher Knapp, 21, who suffered two broken limbs but survived.

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July 4, 2009

Jury: Home Depot Liable for $1.5 M in Accident

A Cobb County, Georgia jury has awarded a Home Depot customer and his wife $1.5 million in a personal injury case stemming from a forklift accident inside a store.

According to the complaint, in November 2005 shopper Larry Reece fell and suffered neck and spine injuries after a pallet of plywood fell 24 feet from a forklift.

The wood hit a barricade that knocked over Reece, who wound up trapped under the plywood.

As part of the verdict, Reece’s wife was awarded $30,000 for loss of marital relations, said the couple’s attorney, Jeff Shiver. Shiver said medical expenses for Reece’s neck injuries were about $120,000, including surgery to repair herniated discs.

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July 3, 2009

Texas Patient Awarded $10 M in Medical Malpractice Claim

A Harris County Texas jury has ruled in favor of a Houston man in a medical malpractice case, awarding him $10 million in damages stemming from a lawsuit against Methodist Hospital and the doctors who treated him there.

John German developed gangrene that required the amputation of his left leg above the knee, all the toes on his right foot and all of his fingers in the aftermath of heart surgery in 2002 .

“It’s been a long time coming, but I feel vindicated,” said German, who was a 32-year-old mechanic at the time of the care.

Continue reading "Texas Patient Awarded $10 M in Medical Malpractice Claim" »

July 2, 2009

Roche Pulls Accutane Off Market After Jury Verdicts

Roche Holding AG, the world’s biggest maker of cancer drugs, is pulling its Accutane acne medicine from the U.S. market after juries awarded at least $33 million in damages to users who blamed the drug for bowel disease.

Roche notified the U.S. Food and Drug Administration today that it was withdrawing Accutane after a “reevaluation” of its product lines showed it faced serious challenges from generic competitors, company officials said in a statement.

“In addition, Roche has been faced with high costs from personal-injury lawsuits that the company continues to defend vigorously,” according to the statement.

About 13 million people have taken Accutane since it went on the market in 1982. The medication was Roche’s second-biggest selling drug before the patent expired in 2002 and rivals started selling generic versions. Roche’s prescription market share of the drug is now below 5 percent, the company said.

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July 1, 2009

Texas Asbestos Lung Mesothelioma Lawsuits

In Texas, Asbestos been used in the petroleum industry in everything from pipe insulation to gaskets to the clothes workers wore. Asbestos causes cancer when breathed into the lungs, often in the form of Mesothelioma.

The fire benefits of asbestos were such that their use in Texas did not stop with the petroleum industry. The substance was used in building materials for homes, schools and buildings.

The state of Texas is in the top 10 when it comes to asbestos claims. At last count, it was placed seventh among all the states for the highest number of asbestos lawsuits filed and that number is expected to rise dramatically as the disease progresses.

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July 1, 2009

FDA: Varenicline (marketed as Chantix) and Bupropion (marketed as Zyban, Wellbutrin, and generics)

FDA has required the manufacturers of the smoking cessation aids varenicline (Chantix) and bupropion (Zyban and generics) to add new Boxed Warnings and develop patient Medication Guides highlighting the risk of serious neuropsychiatric symptoms in patients using these products. These symptoms include changes in behavior, hostility, agitation, depressed mood, suicidal thoughts and behavior, and attempted suicide. The same changes to the prescribing information and Medication Guide for patients will also be required for bupropion products (Wellbutrin and generics)that are indicated for the treatment of depression and seasonal affective disorder.

Continue reading "FDA: Varenicline (marketed as Chantix) and Bupropion (marketed as Zyban, Wellbutrin, and generics)" »

June 30, 2009

Yaz Class Action Law Suits in Progress

The Yaz® birth control pill has been on the market since 2006. Yaz is taken orally once daily to prevent pregnancy.

Yaz differs from other birth control methods because it contains a progestin hormone called drospirenone, which can increase potassium levels in the bloodstream.

Yaz has been linked with serious adverse heart problems. In a letter sent to the manufacturer of Yaz, the Food and Drug Administration warns of blood clots, heart attack, stroke, and gall bladder disease in Yaz users.

The FDA says, "Yaz has additional risks because it contains the progestin, drospirenone which can lead to hyperkalemia in high risk patients, which may result in potentially serious heart and health problems. Women taking Yaz must be concerned about the drug interactions that could increase potassium, in addition to the drug interactions common to all combination oral contraceptives."

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June 30, 2009

MRI Gadolinium Induced Kidney Failure

Ever since the issue of MRI health risks began circulating, Gadolinium kidney failure has been debated—especially with its link to nephrogenic systemic fibrosis (NSF) and increased risk for MRI and kidney failure when used in association with MRI for persons with compromised kidneys.

However, a new study casts a certain amount of doubt. The study: High-Dose Gadodiamide for Catheter Angiography and CT in Patients With Varying Degrees of Renal Insufficiency: Prevalence of Subsequent Nephrogenic Systemic Fibrosis and Decline in Renal Function, was recently undertaken at the Mayo Clinic in Jacksonville, Florida.

The results of the study were published in the American Journal of Roentgenology.

"The purpose of our study was to evaluate the prevalence of nephrogenic systemic fibrosis and nephrotoxicity among patients with differing degrees of renal dysfunction who are exposed to high doses of gadodiamide," said Mellena D. Bridges, MD, lead author of the study.

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June 29, 2009

Home Depot Product Liability Suits Advances

A federal judge in Atlanta is permitting dozens of product liability suits against Home Depot and the makers of a tile grout cleaner to proceed to trial on negligence claims, but he has stripped away other claims that sought damages for violating federal consumer product safety laws.

Ten of those suits, filed by an Atlanta attorney on behalf of Home Depot customers who were hospitalized after using Tile Perfect Stand 'N Seal Spray-On Grout Cleaner, are among approximately 50 suits that have settled, according to a Home Depot attorney. The settlements are confidential, said Frank A. Ilardi of Houck, Ilardi & Regas, who shared lead counsel duties with Texas attorney William J. Maiberger Jr. until Ilardi negotiated the settlements.

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June 28, 2009

N.J. Crash Victim Caught in County-Insurer Lawsuits

Nicholas Anderson should be a multimillionaire.

Instead, he is penniless - and in need of medical treatment he can't afford.

On Dec. 23, 2004, Anderson was driving home when a tire caught on a six-inch lip on the roadside and he lost control of his car. The car crashed into a guardrail, which impaled the vehicle, severing Anderson's left leg and nearly severing his left arm. He was 18.

He sued Camden County, and last year a jury awarded him $31 million, finding that the county-maintained road was dangerous because of the drop in elevation between the road and shoulder, and because of the guardrail's design.

"I'm in pain every day," Anderson said.

Continue reading "N.J. Crash Victim Caught in County-Insurer Lawsuits" »

June 27, 2009

Zicam and Shareholder Litigation Begins

There is a big mess at Matrixx Initiatives, a Scottsdale, Ariz., maker of over-the-counter health care products. Best-known for its homeopathic Zicam Cold Remedy offerings, Matrixx hit a rough patch on June 16, when the Food and Drug Administration advised consumers to stop using two of its popular remedies.

The F.D.A. said that it had received more than 130 reports of anosmia — or loss of smell — from users of the products and that more than 800 such reports had been delivered to Matrixx. The agency told Matrixx that Zicam Cold Remedy Nasal Gel and the same treatment in swab form could no longer be marketed without government approval.

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June 26, 2009

Florida Court Awards Paralyzed Trucker $14.6 M

A Broward Circuit Court judge has ordered an insurance company to pay a paralyzed truck driver $14.6 million because of a 2007 accident.

Derry Brown Jr. of Pahokee was hauling a load of sugar in an 18-wheeler when a driver ran a stop sign, cutting him off on May 31, 2007. Brown, 64, swerved out of the way, and his truck overturned on State Road 80, just east of Lion Country Safari in Palm Beach County.

The accident cost Brown the use of his arms and legs and left him with mounting medical bills. If Brown had not swerved, the other driver would have died, Brown's attorney, Robert Kelley, told the court.

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June 26, 2009

Roche Pulls Accutane Off Market After Jury Verdicts

Roche Holding AG, the world’s biggest maker of cancer drugs, is pulling its Accutane acne medicine from the U.S. market after juries awarded at least $33 million in damages to users who blamed the drug for bowel disease.

Roche notified the U.S. Food and Drug Administration today that it was withdrawing Accutane after a “reevaluation” of its product lines showed it faced serious challenges from generic competitors, company officials said in a statement.

“In addition, Roche has been faced with high costs from personal-injury lawsuits that the company continues to defend vigorously,” according to the statement.

Continue reading "Roche Pulls Accutane Off Market After Jury Verdicts " »

June 26, 2009

Caraco Digoxin Manufacturer Raided by Federal Agents

At the request of the FDA, U.S. Marshals raided generic drug manufacturer Caraco Pharmaceutical Laboratories, Ltd., shutting down manufacturing and seizing inventory. The action came after FDA inspections found that the drug maker was continuing to fail to meet federal safety and health requirements.

In March 2009, Caraco recalled digoxin, a heart medication, after it was discovered that some tablets distributed were thicker or thinner than they were supposed to be. This created a serious risk for consumers, as receiving too much of the drug could cause a potentially life-threatening condition known as digoxin toxicity, and receiving too little of the medication could result in injury from the underlying heart condition.

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June 25, 2009

Family of Tree Trimmer Killed by Wood Chipper Sues Manufacturer

It was just another work day for Rafael Jimenez, a veteran tree trimmer in his 24th year on the job.

But as he stuffed branches from a Chinese elm tree into a wood chipper, his right hand became entangled in the branches and Jimenez found himself being jerked toward the steel knives.

The machine, which devours a 20-inch branch in a second, consumed nearly his entire body.

His wife and four children filed a lawsuit in Los Angeles County Superior Court alleging that the manufacturer of the machine, Michigan-based Morbark, knew for years that its safety features were insufficient and had done nothing to prevent injuries and deaths like Jimenez's.

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June 24, 2009

Zicam Lawsuit Filed

In what could be the opening salvo in a new wave of lawsuits against the Scottsdale-based maker of Zicam, lawyers filed a lawsuit on behalf of 117 people who claim they have suffered loss of smell after using the popular nasal spray.

Among those suing Scottsdale-based Matrixx Initiatives Inc. include one dozen Phoenix-area residents as well as the chef of an upscale Las Vegas-area restaurant who no longer can smell or taste food.

Matrixx officials said they had not seen the lawsuit filed in Maricopa County Superior Court, but a spokesman said the company believes that its nasal products are safe and do not cause loss of smell.

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June 23, 2009

Rogue Cancer Unit at Philadelphia V.A. Hospital

For patients with prostate cancer, it is a common surgical procedure: a doctor implants dozens of radioactive seeds to attack the disease. But when Dr. Gary D. Kao treated one patient at the veterans’ hospital in Philadelphia, his aim was more than a little off.

Most of the seeds, 40 in all, landed in the patient’s healthy bladder, not the prostate.

It was a serious mistake, and under federal rules, regulators investigated. But Dr. Kao, with their consent, made his mistake all but disappear.

He simply rewrote his surgical plan to match the number of seeds in the prostate, investigators said.

Continue reading "Rogue Cancer Unit at Philadelphia V.A. Hospital " »

June 21, 2009

Hydroxycut Weight-loss Products Sued

A class action lawsuit filed in Los Angeles accuses recalled Hydroxycut weight-loss products of causing deadly liver damage and other severe complications.

The suit, filed in U.S. District Court on behalf of anyone who consumed the now-banned supplements, claims the company failed to warn users of the risks of injury.

The Hydroxycut products were recalled May 1 after being linked to dozens of cases of liver damage, jaundice, and other related injuries. In one case, a 19-year-old Hydroxycut user died in 2007 after developing liver failure, but the death was not reported to the Food and Drug Administration until last March, according to the complaint.

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June 20, 2009

Suit Filed Over Death of Woman Struck by Utility Pole

A lawsuit was filed in Allegheny County Court by the mother of a 28-year-old woman who died after a utility pole struck by a tractor-trailer fell on her head.

Filed by Gloria Grate on behalf of her daughter, Marquetta Grate, the lawsuit names as defendants the city of Pittsburgh, Levin Furniture, Christopher Caudill and Penske Trucking.

According to attorney Michael Rosenzweig, who filed the complaint, Marquetta Grate was waiting for a bus on May 15 after dropping off her 3-year-old daughter at an East Liberty pre-school.


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June 19, 2009

$1M Settles Lawsuit by Laborer Hurt at Staten Island Ferry

An electrician from Grant City, injured when he fell through a hole in a fueling pier at the St. George Ferry Terminal almost six years ago, has settled his civil lawsuit for $1 million.

Russell Menicucci suffered back and neck injuries in the Dec. 2, 2003, accident, said his lawyer, Andrew John Calcagno. Those injuries have prevented him from returning to work, the attorney said.

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June 18, 2009

Jury Awards Woman $5M Over Wrong Diagnosis

An Indiana jury has awarded $5 million to a Mooresville woman still experiencing ill effects from a misdiagnosis nearly a decade ago at Methodist Hospital.

Roxxanna Smith, then 18, arrived at the emergency room in July 2000 with a ruptured diaphragm after playing softball. But through a series of miscommunications about what was shown by X-rays, her lawyers said, doctors instead diagnosed a urinary tract infection and muscle strain -- and sent Smith home.

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June 17, 2009

EPA to Pay Medical Bills for People Sickened by Asbestos From Montana Mine

The Environmental Protection Agency declared its first-ever "public health emergency," saying the federal government will funnel $6 million to provide medical care for people sickened by asbestos from a mine in northwest Montana.

The declaration applies to the towns of Libby and Troy, where for decades workers dug for vermiculite, a mineral used in insulation. They were unknowingly poisoning themselves: The vermiculite was contaminated with a toxic form of asbestos, which workers carried home on their clothes.

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June 16, 2009

Judge Dismisses Jury in Wrongful Death Lawsuit From McDonald's Brawl

The wrongful death civil trial over a 2005 fatal brawl in a McDonald's parking lot hit a stumbling block when the judge dismissed the jury picked to hear the case.

Attorneys agreed on a six-member jury, but since then lawyers on the plaintiff's side uncovered facts about three of the jurors, including old arrests the jurors did not list on their questionnaires.

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June 15, 2009

Air France Crash Spurs Debate Over Lawsuit Locations

While investigators scour the Atlantic for clues to the cause of the crash of Air France Flight 447, lawyers in Brazil, France and the U.S. are taking steps to determine the proper forum for any lawsuits.

Sophie Bottai, whose client was the first granted victim status in a French criminal probe, said the nation’s courts should review any claims as many passengers were French as were the airline and the airplane, an Airbus SAS A330-200.

“The plane is French, the carrier is French,” said Bottai, representing a 38-year-old Frenchman’s family, who she said wishes to remain anonymous. “The jurisdiction is French.”

Debate over jurisdiction issues may get even more heated with families making the ultimate decision based on where they can receive the most compensation. In addition to where the claims are filed, the amount of any award depends on the victim’s age, family status and work situation, according to lawyers specializing in aviation disasters.

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June 15, 2009

Accutane Lawsuits and Litigation

The acne remedy Accutane, a synthetic form of vitamin A used to treat serious forms of acne that can cause scarring, has been the subject of extensive litigation because of a long list of side effects including inflammatory bowel disease, suicide, and birth defects.

The U.S. manufacturer of Accutane, Hoffman La Roche, is part of the international conglomerate known as “The La Roche Group,” with affiliates in 150 countries. “The La Roche Group” is estimated to be the seventh largest pharmaceutical company in the world. Accutane is one of Hoffman La Roche’s top sellers with estimated annual sales of $1.2 billion. Accutane is also one of the 3 drugs on the market with the most reports of adverse side effects, and this has led to extensive litigation. Lawsuits have been brought against Hoffman La Roche for alleged adverse reactions caused by Accutane including gastrointestinal disorders, suicides, and birth defects.

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June 14, 2009

Family of Deceased VA Sailor Wins $1.2M judgment

The family of a retired Navy sailor who died of cancer triggered by asbestos fibers he inhaled on the job decades ago has won $1.2 million in its lawsuit against a ship-parts manufacturer.

Gerald Gray died in April after suffering from mesothelioma. His death, at age 75, came five weeks before the trial was to begin against John Crane Inc., an Illinois maker of gaskets and other parts used on ships Gray repaired.

The Newport News Circuit Court jury ruled against five manufacturers for a total of $4 million, assigning a percentage of blame to each. John Crane fought the case, and was apportioned 30 percent, or $1.2 million.

June 13, 2009

F.D.A. Warns Against Use of Popular Cold Remedy

Federal drug regulators warned consumers to stop using Zicam, a popular homeopathic cold remedy, because it could damage or destroy their sense of smell.

The Food and Drug Administration received 130 reports from consumers and doctors of people losing their sense of smell after using one of the Zicam nasal products, which include Zicam Cold Remedy and Zicam Cold Remedy Swabs. The reports date to 1999, when Matrixx Initiatives of Scottsdale, Ariz., first introduced the products.

In 2006, Matrixx paid $12 million to settle 340 lawsuits from Zicam users who claimed that the product destroyed their sense of smell, a condition known as anosmia. Hundreds more such suits have since been filed.

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June 12, 2009

SC Jury Awards $9M Settlement Wrongful Death Case

A Darlington County SC jury returned a verdict of $9 million after finding Progress Energy responsible in the wrongful death of 21-year-old Allen Toney of Hartsville.

According to a press release, the jury awarded Mary Washington, the victim’s mother, $3.5 million in actual damages and $5.5 million in punitive damages. Toney died as the result of being electrocuted by a downed power line.

According to testimony, on May 2, 2003, a storm in the Hartsville area caused a utility pole, owned and maintained by Progress Energy, to fail. The pole, fell at approximately 6:30 p.m., leaving a live power line carrying 13200 volts hanging chest high across the driveway. According to witnesses, at around 9:20 p.m. Toney arrived at the home where he came into contact with the energized power line.

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June 11, 2009

Wife of Congressman Loses Accutane Acne-Drug Suicide Case

The Eleventh Circuit ruled on Wednesday on an interesting and provocative case. In an unpublished opinion, the Eleventh Circuit affirmed a trial court’s grant of summary judgment in a case in which the mother of a 17 year-old who committed suicide in 2000 sued Hoffman-La Roche, Inc. The plaintiff alleged that Accutane, an acne drug made by Hoffman-LaRoche caused the suicide. Click here for reports from BNET Pharma and the Drug and Device Blog, respectively.

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June 10, 2009

Family Sues Louisville Zoo Over Train Accident

The Louisville Zoo train "started to go really fast" through a tunnel, picked up more speed around a curve, "rocked" at the next turn and finally tipped over at the last curve, according to a passenger in the June 1 derailment.

Bamforth and his wife, Amy, and their 2-year-old son filed a lawsuit in Jefferson Circuit Court against the zoo over the derailment that sent 22 people to the hospital, claiming the zoo was "grossly negligent" in its maintenance and operation of the train.

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June 9, 2009

Victory for Sick Ground Zero Worker

Ailing Ground Zero worker Daniel Arrigo can finally breathe a little easier.

After a year-long struggle, the state's Workers' Compensation Board ruled in Arrigo's favor for a third time, forcing insurance giant Zurich North America to finally pay up.

The married father of three received a check last week for nearly $20,000 in back payments from Zurich, after the Daily News highlighted his plight last month.

He called himself a poster boy for thousands of sick 9/11 responders caught between the slow-moving state compensation board and insurance firms that skillfully game the system to fight claims.

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June 8, 2009

Texas Hurricane Rita Bus Fire Settlement

Nearly four years after 23 Bellaire nursing home residents died in a fiery bus while evacuating from Hurricane Rita, their families have reached a settlement awarding them $80 million.

In the chaotic week leading up to Hurricane Rita, Brighton Gardens, a Bellaire nursing home owned by Sunrise Senior Living Services of McLean, Va., quickly ordered buses for its residents and staff so they could evacuate to a sister facility in Dallas. As Rita churned through the Gulf of Mexico on Sept. 23, 2005, nursing home residents and staff boarded two buses provided by Global Limo Inc. of Pharr, Texas.

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June 8, 2009

Victoza for Diabetes: Better Than Byetta?

A new diabetes drug -- to be called Victoza if approved -- works better than Byetta, a head-to-head clinical trial shows.

Byetta is the first of the class of type 2 diabetes drugs called GLP-1 analogs. The drug takes advantage of the body's own signaling system to increase insulin output in response to meals.

Byetta is a popular drug, and it's helped many patients. But liraglutide -- soon to be called Victoza if approved by the FDA -- works better, says Lawrence Blonde, MD, director of the diabetes clinical research unit at Ochsner Clinic Foundation, New Orleans.

"Our direct comparison study shows patients who took liraglutide once a day had a greater reduction in [average blood sugar levels] at the end of the 26-week study than did [Byetta] twice a day," according to Blonde . "Obviously, once-a-day injections would be preferred by many patients because of the convenience -- and it is not tied to meals. Liraglutide can be taken any time as long as you take it the same time each day."

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June 7, 2009

Woman Who Sued Doctor's Insurer Awarded $3.8 M

When Debbie Daniels was scheduled to undergo a hysterectomy in 2003, her doctor suggested he do a "tummy tuck" as well.

But the obstetrician/gynecologist did not tell her that he had never been trained to perform the procedure that gets rid of excess skin and fat.

She also did not know he had been kicked off the staff of another hospital for doing tummy tucks without proper credentials -- or that he did the procedure unlike any other doctor, according to court records.

Two days after Dr. David Lee Grimes cut Daniels open and stitched her back up, her wound burst, leaving a basketball-sized hole in her belly 7 to 8 inches deep, one of her lawyers said. She had to undergo emergency surgery -- the first of many -- and be placed in a medically induced coma for a month.

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June 6, 2009

Lawsuit Filed in I-15 Wrongful Death of Stranded Honeymooners

Two trucking companies and their drivers are being sued over a 2008 accident on I-15 in Las Vegas in which two honeymooners outside their stranded vehicle were struck and killed.

Attorneys for the parents of one of the victims, Lisa Lynn Prock-Hills, filed a negligence suit in Clark County District Court against truck driver Stanislaw Masalski of Clearwater, Fla., and his company, Stan Trucking Inc.

Also sued were driver Sam Montalvo Martinez and his employer at the time of the accident, J.B. Hunt Transport Inc. of Lowell, Ark.

The Nevada Highway Patrol said Kevin Edward Hills, 38, and Prock-Hills, 41, were killed on Interstate 15 just south of Silverado Ranch Boulevard on March 13, 2008.

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June 5, 2009

Lawsuit Links Psychiatric Drugs to Florida Child's Death

A Florida mother sued Fort Lauderdale Hospital and a psychiatrist who worked there, saying they overmedicated her teenage son with a cocktail of mental health drugs -- some of which have not been approved for the treatment of children.

The boy, Emilio Villamar, died of a sudden heart attack. He was 16.

Emilio, a swimmer and water polo player, was diagnosed with bipolar disorder by Dr. Sohail Punjwani in March 2002. Within the next year, the teen was given 16 different psychiatric drugs, six of which were still being administered when he died, said Michael S. Freedland, who is representing Emilio's mother, Norma L. Tringali.

Punjwani had also been treating 7-year-old Gabriel Myers, a foster child who had been prescribed several psychiatric drugs before he hanged himself in April. In the wake of Gabriel's death, the Department of Children & Families has launched a wide-ranging investigation into the agency's dispensing of mental health drugs.

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June 3, 2009

MI Jury Awards A Woman Nearly $3 M in Lawsuit Against Hospital

A MI jury awarded a woman $2.9 million in a 9-year-old lawsuit against Owosso Memorial Hospital and Shiawassee Radiology Consultants.

An attorney for Sue Apsey, now 65, claimed a bowel leak she suffered during an ovarian cyst removal went undiscovered for 10 days despite imaging studies that were done.

The situation worsened when she was given barium during subsequent x-rays. "It acted like throwing gas on a bonfire," said her attorney, Frank Mafrice.

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June 3, 2009

Defective Product: Kugel® Mesh Hernia Patch Recall

The Bard® Composix® Kugel® Mesh Hernia Patch has been linked to serious, life-threatening side effects and has been voluntarily recalled by its manufacturer and in association with the U.S. Food & Drug Administration (FDA).

On January 8, 2008, a Federal Court judge expanded the scope of current hernia patch lawsuits to include all Davol/Bard Marlex/Teflon patches, with or without “memory recoil rings.”

In August 2001, Davol began receiving reports of complications and failures of its hernia mesh patch. These reports advise of bowel obstructions, adhesions, constipation, and fistula resulting from implantation of Composix® Kugel® Mesh Patches. The reports also contain descriptions of problems other then memory recoil ring breakage including, “buckled mesh,” “patch shriveling” and “edges curled up,” as well as descriptions of the mesh as being “crumpled,” “wrinkled,” “rolled up,” “delaminated” and “folded.”

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June 2, 2009

Texas Mesothelioma Lawyers, How to File an Asbestos Lawsuit in Texas

Asbestos is a naturally occurring fiber that, when released into the air, can be inhaled or swallowed. Asbestos fibers are so small that they are not visible to the naked eye. Once they are inhaled, asbestos fibers stay in the body and, over the course of decades, lead to the development of asbestos-related diseases like mesothelioma.

Mesothelioma is rare form of cancer caused by asbestos exposure. An estimated 3,000 Americans are diagnosed with mesothelioma each year, and because the disease takes decades to develop, the rate of new diagnoses is still climbing. The peak incidence of mesothelioma is predicted to occur around 2020.

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June 2, 2009

PA Woman Gets $1.88 M in Medical Malpractice Case

A Pennslyvania jury awarded a woman $1.88 million in a medical malpractice lawsuit filed on behalf of her husband, who died of cancer in 2008.

Christine Golden sued urologist Milan J. Smolko, pathologist Lillian Longendorfer and Wayne Memorial Hospital for failing to diagnose her husband's bladder cancer despite several consultations and examinations between Sept. 18, 2002, and January 2004.

Before the verdict was returned last month, however, Dr. Longendorfer and the hospital reached a confidential settlement with Mrs. Golden.

Mrs. Golden's lawyer, said Terrence Golden saw Dr. Smolko multiple times in those 16 months, each time complaining of urinary problems. Dr. Smolko said he had an inflamed and enlarged prostate, but did not investigate further until July 2003. Then, he did a bladder biopsy and sent the information to Dr. Longendorfer, who worked at Wayne Memorial Hospital.

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June 1, 2009

Texas Malpractice Case Alleges Surgeon Left Needle Inside Body

A Beaumont Texas man has filed a medical malpractice suit against a local doctor, alleging a needle negligently left inside his body during surgery perforated his bladder.

Ronald Williams claims he underwent surgery performed by Dr. Stuart Scott Kacy of Southeast Texas Surgical Associates on March 12, 2007.

Court papers say that during the procedure, one of the used needles popped off the needle holder into Williams's body.

Ronald Williams and his wife, Erica, filed a medical malpractice suit against Dr. Kacy and Southeast Texas Surgical Associates on May 26 in Jefferson County District Court.

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May 31, 2009

R.J. Reynolds Must Pay Widow $30 M

R.J. Reynolds Tobacco Co., the second-biggest U.S. cigarette maker, was told by a Florida jury to pay $30 million to a woman whose husband died of lung cancer after years of smoking, according to a lawyer.

A six-person jury today in state court in Pensacola, Florida, ordered R.J. Reynolds to pay Hilda Martin $25 million in punitive damages to punish the cigarette maker for the death of her husband, Benny Martin, according to the company’s lawyer, Mark Belasic. The jury awarded Martin $5 million in compensation. Belasic said he would appeal.

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May 30, 2009

Witness Settles Lawsuit Over Jail Injuries

Harrison County MS, has settled a civil rights lawsuit with a man whose kidneys failed in 2006 after he was left tightly strapped in a restraint chair for about eight hours at the Harrison County jail.

Kasey D. Alves testified against former Sheriff’s Sgt. Ryan Teel in August 2007, when Teel was convicted in a “color of law” case for the fatal beating of inmate Jessie Lee Williams Jr. and a conspiracy to abuse inmates and cover it up.

Alves’ testimony in the criminal case helped corroborate a pattern of abuse at the jail. Terms of the settlement in his suit are confidential.

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May 29, 2009

Bausch & Lomb Settles 600 Fungus Law Suits

Some eye doctors are still hoping that some of the lawsuits over a lens cleaner made by Bausch & Lomb will end up in court, so that the events that led to hundreds of fungal infection lawsuits will be aired publicly.

That has not happened. Over the past year, the company has quietly settled nearly 600 lawsuits, with dozens of individual claims still to be resolved. The cost so far is about $250 million.

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May 29, 2009

March 2009 Drug Safety Update Newsletter Raises Emerging Safety Issue Of Kidney-Related Side Effects From Byetta Use

We reported on Byetta (exenatide) in August 2008, when the FDA issued a MedWatch email alert about six new cases of hemorrhagic pancreatitis and necrotizing pancreatitis that had been reported to FDA since an October 2007 "Dear Doctor" letter about Byetta and acute pancreatitis was sent to doctors in the U.S.

The March 2009 Drug Safety Update newsletter -- from drug regulators in the United Kingdom (UK) -- included this article, "Exenatide (Byetta): risk of severe pancreatitis and renal failure". We get some new information about two types of serious side effects associated with Byetta, pancreatitis and renal, or kidney, impairment.

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May 28, 2009

Quadriplegic Musician Wins $18 M Verdict Against Ford Motor Co.

An Oakland musician who was made a quadriplegic in a rollover crash four years ago won an $18.3 million verdict against Ford Motor Co. in federal court.

Dax Pierson, 38, suffered severe spinal injuries when a Ford passenger van that the band was traveling in ran off an icy highway in Iowa and rolled over in a ditch on Feb. 24, 2005.

Pierson sued Ford for creating a defective seat-latching mechanism that caused his seat to come loose, resulting in his head hitting the roof of the rolled-over van.

The $18.3 million jury award came after three weeks of trial in the court of U.S. District Judge Phyllis Hamilton. It includes $12.3 million for past and future medical expenses and lost earnings plus $6 million for pain and suffering.

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May 27, 2009

Iowa State Pays Woman Who Blinded Herself in Prison

Iowa authorities have reached a legal settlement with Shayne Eggen, a mentally ill woman who used her finger to blind herself while she was in prison.

The state paid $141,533 last month to Eggen. The money settles allegations that instead of giving Eggen proper treatment, prison authorities repeatedly locked her in solitary confinement for behaviors caused by schizophrenia and bipolar disorder.

Advocates for the mentally ill say Eggen's case illustrates how the United States misuses prisons to warehouse people who need psychiatric care. Her family says that when she blinded herself in 2002, she was confined alone at the state women's prison in Mitchellville.

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May 26, 2009

More Florida Foster Kids Are Given Mental-Health Drugs

Nearly three of 10 teenage Florida foster children have been prescribed a mental-health drug, and 73 foster kids younger than 6 are taking mind-altering drugs, according to a recent study released in response to the death of a Broward foster child who was taking such medications.

In all, 2,669 children -- or 13 percent of Florida foster children -- are being given powerful psychiatric drugs, said the study, commissioned last month by Department of Children & Families Secretary George Sheldon. The largest group, almost 60 percent, are teens ages 13 to 17.

The 2,669 children represent about one-third more kids than a DCF database had reported as taking mental-health drugs -- meaning electronic state records had significantly underestimated the use of mind-altering drugs.

Child-welfare administrators are investigating the use of mental-health drugs by children in state care in the wake of the April 16 death of Gabriel Myers, a troubled 7-year-old boy who hanged himself in the shower of his Margate foster home.

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May 25, 2009

Disney and Tram-Injured Woman Reach Settlement

A Chinese woman who fell out of a moving Disneyland tram and suffered injuries that left her needing 24-hour medical supervision for the rest of her life has reached a settlement in a lawsuit she filed against the Walt Disney Co.

Lawyers for Qi Zhao and Disney reached the agreement, bringing a two-week trial in Los Angeles County Superior Court to an abrupt end.

Details of the accord were not released.

Zhao, 48, filed her suit in 2007, alleging the tram driver was going too fast. She was riding the tram with two sisters and a niece. According to the complaint, one of the sisters fell from the King tram as it moved toward a parking lot.

Reacting to the fall, the other two sisters also fell out. One suffered minor injuries and Zhao hit her head on the pavement, suffering severe traumatic brain injuries and skull fractures and was in a coma for three weeks.

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May 24, 2009

New York City to Pay $2 M in Death After Hospital Wait

New York City has agreed to pay $2 million to the family of a woman who died last year on the floor of the psychiatric emergency room at Kings County Hospital Center after waiting more than 24 hours to be treated.

A video showed the woman on the floor for more than an hour while workers at the city-run hospital did nothing to help her.

The city’s Health and Hospitals Corporation accepted full responsibility for the death of the woman, Esmin Elizabeth Green, 49, and said it had taken steps to relieve crowding and increase the size of the staff to provide mental health services at the hospital.

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May 24, 2009

Dangerous Drugs: Hydroxycut Class Actions Filed

Two class action lawsuits have been filed in the wake of the recall of Hydroxycut, a popular weight-loss supplement that has been linked to liver damage and other life-threatening side effects.

The suits, filed in Canada and Tennessee, accuse Iovate Health Sciences, which manufactures Hydroxycut, of failing to warn of the drug's dangers or take proper precautions to protect its users.

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May 23, 2009

Land Rover Maker Ordered to Pay $21.1 M in Rollover Case

A Los Angeles judge has ordered automaker Jaguar Land Rover to pay $21.1 million to a Simi Valley man who was paralyzed in 2003 when his Land Rover Discovery sport utility vehicle rolled over several times after a collision on the 118 Freeway.

L.A. County Superior Court Judge Robert H. O'Brien cited two key reasons for his decision: The vehicle's high center of gravity made it susceptible to rolling over, and its roof collapsed too easily, causing Sukhsagar Pannu to suffer a debilitating spinal cord injury.

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May 19, 2009

Providence man Awarded $4 M in Medical Malpractice Case

A Superior Court jury awarded a former truck driver $4 M, concluding that negligence by his orthopedic surgeon caused him mental and physical suffering.

Robert T. Baird Jr., of Providence, filed a medical malpractice suit against Dr. Kenneth J. Morrissey in 2002, alleging the Cranston doctor’s negligence. Morrissey denied the complaints.

The jury awarded Baird $1.5 million for physical pain, $1.5 million for mental suffering, $500,000 for disfigurement and $500,000 for lost wages, according to David Morowitz, Baird’s lawyer.

Baird worked as a truck driver for The Providence Journal from 1981 until he began experiencing extreme pain in his right arm in 1999. He went to Morrissey, who operated to improve his movement and in the process removed a benign tumor.

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May 18, 2009

Unread X-ray leads to $2 M Malpractice Award

Zachary James died at at a North Philadelphia hospital when his heart stopped beating on April 20, 2006.

The next day, his wife learned that his death may have been preventable, if someone had just looked at his X-rays before he died.

Following a 10-day trial, a jury awarded Rosalyn James, Zachary's widow, $2.185 million in a malpractice suit against St. Joseph's Hospital and two emergency-room physicians.

"I know it would never bring him back," she said. "But now he's at peace because I fought for him."

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May 16, 2009

Denver Jury Awards Millions In Sumo Wrestling Lawsuit

A Denver jury awarded $2 million to a woman who was injured at a Colorado Springs resort while participating in a mock sumo wrestling game with her coworkers.

Katherine Giles was attending her company's retreat at Cheyenne Mountain Resort in September 2005 when the accident happened.

Mock sumo wrestling is sometimes used by companies as a team building exercise. It involves participants wearing enormous padded or inflatable suits and helmets.

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May 15, 2009

Paralyzed Pole Vaulter Wins Lawsuit

A young Connecticut man who was paralyzed from the chest down in 2002 while pole vaulting at Southern Connecticut State University has won $6.4 million in damages from the Connecticut affiliate of USA Track and Field.

Brandon White, 25, won the civil lawsuit from a six-member New Haven Superior Court jury.

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May 15, 2009

Avandia Class Action Lawsuits Continuing

GlaxoSmithKline, maker of Avandia, faces more lawsuits alleging that patients suffered from serious Avandia side effects. Among the more severe side effects is the reported link between Avandia and heart attacks. Some critics say the risk of a heart problem is too high, while patients file lawsuits alleging they were harmed by the use of Avandia.

One such lawsuit was filed in Texas, alleging the plaintiff, Frank Casteel, took Avandia for 5 years and then underwent heart bypass surgery. According to the Southeast Texas Record, the suit was filed against Smithkline Beecham Corp., doing business as GlaxoSmithKline. The plaintiff claims that GlaxoSmithKline knew its drug was unreasonably dangerous, knew that patients were not informed about the risks associated with Avandia and still marketed and distributed the drug. Furthermore, the suit alleges that the pharmaceutical maker disclosed positive information about Avandia, but concealed or withheld any negative information about the drug's safety.

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May 14, 2009

Family of Child Killed by Falling Gate Settles Lawsuit

The family of an 11-year-old boy killed when a 1,600-pound metal gate fell on him while he played at a Boston, Methuen school will receive a $600,000 settlement from the city.

The city had previously admitted that it was liable for leaving the unsecured iron gate in an area children could access. The settlement is the maximum amount allowed under state law.

Timothy DiLeo was killed and his younger brother injured when the unhinged gate at the Tenney Grammar School fell on them on Labor Day 2007.

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May 12, 2009

Wal-Mart Settles Post-Thanksgiving Wrongful Death

Wal-Mart Stores Inc agreed to improve its post-Thanksgiving Day crowd control as a condition of avoiding criminal prosecution in the fatal stampede of frenzied holiday shoppers at a Long Island store.

In a settlement made public with the district attorney of New York's Nassau County and the world's largest retailer also agreed to set up a $400,000 victims' compensation fund, donate $1.5 million to the community and provide 50 jobs annually to high school students in the area.

The deal came as a result of the DA's investigation into the death of a 34-year-old security guard, Jdimytai Damour, who was knocked to the ground and trampled to death in the early morning hours on the Friday after Thanksgiving as shoppers stormed a Wal-Mart.

The retailer did not admit guilt or wrongdoing in its settlement with DA Kathleen Rice. It did agree to have independent safety experts review its crowd management plans for post-Thanksgiving events at all 92 of its New York stores.

May 10, 2009

TN Jury awards $12 M in Malpractice Case

A Tennessee jury has awarded a $12 million medical malpractice judgment against a prominent local doctor after a procedure intended to diagnose bowel problems left a young woman so brain damaged she cannot care for herself.

Attorneys for the plaintiff, 33-year-old Kristen Freeman, said they believe the judgment, is “one of the largest” to ever be awarded in Hamilton County with regard to allegations of improper medical care.

“It is very, very difficult to get a judgment against a doctor,” according to one of the lawyers, an Atlanta personal injury trial lawyer who helped represent Ms. Freeman along with two other attorneys. “People don’t like to find doctors at fault.”

The jury, found that Dr. Michael Goodman, a gastroenterologist, was only 51 percent at fault for the incident that led to Ms. Freeman’s permanent brain damage. So Ms. Freeman is allowed to collect only $6.12 million, according to the jury’s decision.

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May 9, 2009

Hydroxycut Diet Aids Recalled After FDA Warning

Federal drug regulators warned consumers to stop using the popular Hydroxycut line of weight-loss products, citing reports of a death due to liver failure and other instances of serious health problems.

In all, the Food and Drug Administration said it had received 23 reports of significant adverse health effects in people who used Hydroxycut, including one person who required a liver transplant. Other complications included heart problems and a kind of muscle damage that could lead to kidney failure, the agency said.

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May 7, 2009

Jury Awards More Than $2 M in Illinois Asbestos Case

After three days of deliberation, a McLean County jury awarded the family of a deceased Bloomington woman more than $2 million related to her exposure to asbestos.

Juanita Rodarmel contracted mesothelioma after being exposed to asbestos when she laundered the clothing of her first husband, Leslie Corry, a worker at the former Union Asbestos & Rubber Company.

Corry worked at the Bloomington plant, later called UNARCO Industries Inc., during the 1950s.

The jury also awarded $100,000 in punitive damages against Pneumo Abex, LLC and $400,000 against Honeywell International, Inc.

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May 6, 2009

$3.3 M Awarded to Woman Sickened by Mold

A Maricopa County Superior Court jury has awarded $3.3 M to a Scottsdale woman who was sickened and permanently disabled by a mold infestation in her apartment building.

Robin Minium was a project manager for American Express and worked out of her upscale apartment near Scottsdale and Bell roads. She had lived there since 2000.

According to court documents, her health deteriorated significantly by 2002, and as she got sicker, she spent more time in her apartment.

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May 5, 2009

Wyeth Supreme Court Loss Restarts Drug Lawsuits

Just two months after the U.S. Supreme Court decided patients can sue drugmakers over injuries from medicines approved by the government, long-stalled lawsuits against GlaxoSmithKline Plc and Bristol-Myers Squibb Co. are again moving toward trials.

The March 4 decision in a case on Wyeth’s nausea treatment Phenergan broke a logjam of cases in state and federal courts. Federal regulatory approval of a medicine and information about side effects does not shield drugmakers from claims that patients and doctors were not adequately warned, the high court ruled. The decision already affected more than 250 lawsuits involving at least 10 companies that were in limbo before the ruling.

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May 3, 2009

Family of Seattle Cyclist Killed by Dump Truck Settles Lawsuit

The family of a 19-year-old man, whose death on a Seattle street in 2007 triggered a community outpouring for better bike-safety measures, has settled a lawsuit against the company that owned the dump truck that crushed him.

The parents of Bryce Lewis, Marc and Laura Paolicelli of Colorado, have agreed to an undisclosed sum of money from Nelson & Sons Construction of Woodinville.

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May 2, 2009

$14M Awarded in California Drowning Lawsuit

A Santa Barbara jury has awarded Oded and Anat Gottesman nearly $14 million in compensatory economic and non-economic damages for the loss of their child Yoni, who drowned in a Cathedral Oaks Athletic Club swimming pool in 2005.

The total will undoubtedly climb, however, as punitive damages have not yet been determined. That second phase begins Tuesday at 1:30 p.m. with brief opening statements by both parties followed by testimony. Because punitive damages must still be discussed in court and decided by the jury, the judge kept in place a gag order restricting comments to the media by involved parties.

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April 30, 2009

Accutane Injury Results in $10.5 Million Judgment

A woman who said she developed ulcerative colitis from taking Accutane was awarded $10.5 million by a New Jersey jury. It was the third of 425 lawsuits alleging that Accutane caused inflammatory bowel disease in some users to go to trial. All three cases have resulted in multi-million dollar judgments against Hoffman-LaRoche, Inc., the maker of Accutane.

Approved by the Food & Drug Administration (FDA) in 1982, Accutane has been the subject of controversy for years. In addition to inflammatory bowel disease, the drug has been associated with myriad other serious side effects.

It was known in the late eighties for causing severe birth defects. It has also been known to cause psychiatric problems, and has been linked to 266 cases of suicide in the United States.

In addition to inflammatory bowel disease, Accutane has also been associated with problems of the liver, kidneys, central nervous system, and pancreas, as well as the cardiovascular, musculoskeletal and auto-immune systems.

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April 29, 2009

Raising Alarm at Cheerleading's Dangers

It has been a year since Lauren Chang collapsed during a cheerleading competition and died, leaving behind her smiling portrait as a grim testament to the dangers of her sport.

That tragedy, as well as another death and a serious injury suffered by cheerleaders in recent years, has placed Massachusetts in a pivotal point in the crusade to make cheerleading safer.

Last fall, the mother of Ashley Burns, a Medford 14-year-old who died in a 2005 cheerleading accident, filed a lawsuit in her death. In addition to seeking damages, Ruth Burns is also asking a judge to force national groups that sanction cheerleading competitions and oversee the sport to adopt more stringent safety rules.

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April 28, 2009

Bayer Settles Gadolinium Contrast Agent Injury Lawsuits

Bayer AG has begun the process of settling medical injury lawsuits regarding its Magnevist contrast agent; Magnevist contains gadolinium.

The company is one among several, including General Electric Company and Tyco International Limited, being sued over complaints that the gadolinium-containing contrast agent was responsible for causing a potentially fatal organ hardening disease, called Nephrogenic Systemic Fibrosis (NSF). Since May 2007, the U.S. Food and Drug Administration (FDA) has required that gadolinium-containing contrast agents carry a black box warning.

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April 28, 2009

Wyeth Must Face Woman’s Prempro Lawsuit, Appeals Court Rules

Wyeth, the drugmaker being acquired by Pfizer Inc., must face a lawsuit by a woman who claims her breast cancer was caused by the menopause medicine Prempro, a Texas appeals court ruled.

The state appeals court in Houston said that Susan Brockert’s “failure-to-warn” claims aren’t preempted by federal drug-labeling regulations, overturning a district judge’s finding from February 2007. The case was sent back to the lower court for further proceedings.

The appeals panel cited last month’s U.S. Supreme Court decision upholding a $7 million award to a musician who lost her arm after being injected with Wyeth’s Phenergan nausea treatment. The high court said patients can sue drugmakers for failing to provide adequate safety warnings, even when a treatment and its packaging are approved by the U.S. Food and Drug Administration.

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April 27, 2009

$13.7M Awarded in Illinois Car Crash Lawsuit

A Illinois Cook County jury has found in favor of the family of a BMW salesman in its wrongful death suit against a man who took a test drive and crashed the car, killing the salesman.

The jury awarded Roger Czapski's family $13.7 million, concluding that Christopher Maher was liable for Czapski's death Aug. 4, 2004 in South Barrington, Illinois.

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April 26, 2009

Lawsuit Blaming Tannery for Missouri Brain Cancer

The investigation into the cause of brain tumors near Cameron, Mo., lead to the filing of a lawsuit which accused a tannery of being at fault.

Sludge from Prime Tanning Corp., in St. Joseph contains high levels of hexavalent chromium, a known carcinogen, the lawsuit filed in Clinton County alleged.

For years, farmers in at least four counties in northwest Missouri have gotten the sludge for free to use as an agriculture fertilizer for their crops, according to the lawsuit.

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April 24, 2009

Companies Settle Lawsuit Over Seattle Crane Collapse

Two Seattle companies involved in erecting a construction crane that collapsed in Bellevue in 2006 have settled with the parents of a man who was killed when the crane crushed him as he sat in his apartment.

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April 23, 2009

Popcorn Lung Lawsuits on the Increase.

Dozens of plant workers who claim their health was damaged by exposure to a chemical used to give a buttery flavor to microwave popcorn have filed lawsuits in Cincinnati against makers of the flavoring.

At least 43 workers filed lawsuits claiming their lungs were irreversibly damaged by inhaling fumes from the chemical diacetyl, which provides the buttery taste. Some work at a local plant of Cincinnati-based Givaudan Flavors Corp. Many others are from a plant in Marion owned by Omaha, Neb.-based ConAgra Foods.

Givaudan supplies flavorings to food manufacturers, including popcorn makers. ConAgra and other leading makers of microwave popcorn removed the flavoring chemical from their products after it was linked to cases of bronchiolitis obliterans, a rare life-threatening disease often referred to as “popcorn lung.”

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April 22, 2009

Man Sues Debt Collector's Lawyers And Wins Lawsuit

A man with a disabling brain injury and no money told debt collector lawyers that the time limit for seeking payment had expired and that a suit had been dismissed before. But a North Dakota law firm sued him anyway, trying to collect a credit card debt on behalf of the creditor.

This time Timothy McCollough got mad. He hired a lawyer, got the suit dismissed and then sued the North Dakota law firm for violating debt collection laws.

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April 21, 2009

Nuclear Power Plant Settles Lawsuit With Residents

People who live near a former nuclear fuel plant will get $52.5 million to settle their 14-year-old lawsuit against Babcock & Wilcox Co.

The settlement, which was approved by a federal judge in Pittsburgh, ends the final claim brought by 365 people who live in the Apollo area, about 35 miles northeast of Pittsburgh.

The same group last year got $27.5 million to settle claims against Atlantic Richfield Co. that plant emissions and groundwater pollution caused an unusually high cancer rate, other illnesses and property damage.

The case concerns the former Nuclear Materials and Equipment Corp. plant, which was built in 1957 and sold to ARCO in 1967. B&W bought the plant in 1971 and has been cleaning up the site since shutting it down in the 1980s.

April 20, 2009

Woman Run Over by Bus Is Awarded $27.5 M

A Manhattan jury awarded $27.5 M to a woman who lost her left leg after a New York City Transit bus ran over her while it was turning a corner two blocks from her apartment in 2005.

The woman, Gloria Aguilar, 45, who had to have her leg amputated and has worn a prosthetic leg ever since, cried when the verdict was announced.

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April 19, 2009

All Minn. Bridge Victims Accept Settlements

The state of Minnesota closed a chapter on the Interstate 35W bridge collapse by reaching final settlements with all 179 eligible victims of the disaster in downtown Minneapolis two years ago.

The settlements ranged from $4,500 to each of five survivors to more than $2.2 million for a woman who required extensive therapy for brain damage. Five other settlements were worth over $1 million.

Susan Holden, the attorney who led the court-appointed panel administering the state's $36.6 million compensation fund, said the settlements covered both survivors of the collapse and family members of those killed.

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April 18, 2009

Kaiser Permanente to Settle Kidney Transplant Claims For $1 M

Kaiser Permanente has agreed to pay $1 million to settle claims on behalf of five patients alleging that the HMO mishandled its kidney transplant program, endangering lives and causing deaths.

The arbitration claims were filed in 2006, found that Kaiser's Northern California kidney transplant program jeopardized hundreds of patients by forcing them into a new program unprepared to handle an enormous caseload.

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April 17, 2009

King County to Pay $3.5 M to Injured Bicyclist

King County has agreed to pay $3.5 million to a Seattle man and his wife after the man suffered a permanent brain injury when he was thrown from his bicycle.

Lawyers for Jeffrey Totten and his wife Danielle Leavell said the county was at fault because it promoted Novelty Hill Road as a bike route but failed to maintain it in a safe condition.

Totten, an endurance athlete, was thrown from his bike when it struck a depression around a survey "monument" in the roadway Sept. 4, 2006. He was 31.

He has been in a hospital, a rehabilitation center and now a group home in Mount Vernon since the accident, which left him in a coma for seven months. The settlement will allow funds for round-the-clock care for the rest of his life, his attorneys said.

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April 14, 2009

Reglan Lawsuits

Reglan side effects have been associated with the development of tardive dyskinesia, a syndrome that causes involuntary movements in the body extremities, particularly the lower face. In February 2009, the FDA required that a “black box” warning about the tardive dyskinesia problems be added to Reglan and other gastrointestinal drugs containing metoclopramide.

REGLAN LAWSUIT STATUS: Lawyers are reviewing potential claims for individuals who may be entitled to compensation through a Reglan lawsuit as a result of developing tardive dyskinesia.

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April 7, 2009

FDA: Recall of Pistachio Nuts Ongoing

The recall last week of 2 million pounds of pistachios because of concerns about salmonella contamination has been expanded, and federal officials say more recalls of foods containing pistachios are on the horizon.

Setton Pistachio of Terra Bella, the California company that is the nation's second-largest processer of pistachios, originally had recalled all of its pistachios harvested since September.

The recall was expanded this week to cover Setton's entire 2008 crop, except for raw in-shell pistachios. Most pistachios sold in stores are roasted.

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April 6, 2009

Jury Awards Soldier, Government $2M

A soldier formerly based in Casper WV sued three Casper doctors in federal court for medical malpractice that nearly killed him.

Poche and his wife, Cynthia, also wanted Wyoming residents to know they have the right to take action in similar cases, he said. "I survived; the next guy might not."

Poche's attorney, Steven Shapiro, said he partly framed the case with a public perspective. "We told the jury, 'Is this the kind of care you want in the state of Wyoming?'"

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April 3, 2009

3rd Circuit: Kids Hurt by Vaccines Cannot Pursue Design Defect Claims

The 3rd Circuit has ruled that children allegedly injured by vaccines are barred from pursuing any design defect claims because Congress expressly prohibited such suits in an effort to guarantee immunity to manufacturers.

By rejecting the analysis of a recent ruling from the Georgia Supreme Court, the 3rd Circuit's ruling in Bruesewitz v. Wyeth Inc. creates a direct split between the federal courts and a state's highest court on the question of how broadly courts should read the pre-emption clause in the National Childhood Vaccine Injury Act.

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April 2, 2009

Lawsuit Against KBR Army Contractor Upheld

A federal judge denied an Army contractor KBR's motion requesting dismissal of a lawsuit filed by the mother of a soldier who was electrocuted in the shower while serving in Iraq.

The lawsuit, filed by Cheryl Harris of Cranberry, accuses Houston-based contractor KBR of failing to maintain the electrical infrastructure in Baghdad. Ms. Harris' son, Staff Sgt. Ryan Maseth, an Army Ranger and Green Beret, was electrocuted as he showered on Jan. 2, 2008, while stationed there.

KBR attorneys had argued that decisions made by the Army insulated the private military contractor from prosecution.

U.S. District Judge Nora Barry Fischer disagreed.

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April 1, 2009

Pfizer Settles Rezulin Product Liabilty Cases

Pfizer Inc. resolved all but three of 35,000 claims over its withdrawn diabetes drug Rezulin for a total of about $750 million.

Pfizer, which is acquiring rival Wyeth for almost $64 billion, paid about $500 million to settle Rezulin cases consolidated in federal court in New York, according to court filings. The company also paid as much as $250 million to resolve state-court suits.

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March 31, 2009

Pistachios Recalled in U.S. Due to Salmonella Risk

A California nut grower and processor issued a nationwide recall of pistachios on Tuesday due to possible salmonella contamination, and authorities said consumers should avoid all pistachio products until more information was available.

The U.S. Food and Drug Administration (FDA) said several illnesses had been reported that may be associated with the contaminated pistachios. The FDA said it and the California Department of Public Health were investigating the matter.

The FDA said it first learned of the problem on March 24, when Kraft Foods Inc informed the agency that Back To Nature trail mix was contaminated. Kraft had identified the source of the contamination as Setton.

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March 30, 2009

$2.3M Awarded in Botched Circumcision

A Fulton County jury has awarded $1.8 million in damages to a boy whose penis was severed in a botched circumcision.

The state court jury gave another $500,000 to the boy’s mother in the decision rendered.

The case involves a child,who was born at South Fulton Medical Center in 2004. In a suit filed two years later, his mother contended that the doctor who circumcised him removed too much tissue and that his pediatrician failed to respond when a nurse complained of excessive bleeding.

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March 29, 2009

Nevada Attorneys Hope to Lift Malpractice Damages Cap

A congressional study and a national consumer advocacy group found that the health care industry in 2004 had spent millions of dollars exaggerating the malpractice crisis in Nevada and elsewhere in the country.

But the hard-hitting television campaign of five years ago, helped persuade voters to overwhelmingly approve an industry-backed ballot initiative imposing a $350,000 cap on malpractice damages for pain and suffering. Advocates said the intent of the measure, patterned after 1975 tort law changes enacted in California that imposed a $250,000 cap, was to reduce multimillion-dollar verdicts against doctors, which would lower their insurance premiums and reduce health care costs for the public.

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March 28, 2009

Boy Awarded $20 M in Brain Damage Case

A now-12-year-old Temecula boy who fell from a fast-food restaurant's play structure and struck his head, causing brain damage, was awarded a $20 million settlement from the franchise's parent company.

The money was awarded to Jacob Buckett and his sister, Isabelle, who was 5 at the time of Jacob's fall at the Temecula restaurant on Aug. 4, 2005.

The structure was inside the restaurant and there was no rubber beneath the bars, just tile, according to Jacob's attorney.
The defendants, the restaurant franchisee, parent company and playground manufacturer, were not named because of the settlement's confidentiality clause but according to the Web site momlogic.com, the restaurant was a Burger King.

Delta Marketing Inc., the installer of the playground, was also sued.

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March 27, 2009

Judge Upholds Most of Award in Flesh-Eating Case

A federal judge has upheld most of an $8.5 million judgment awarded to a woman who lost use of her arm due to a flesh-eating bacteria misdiagnosed by an Air Force base doctor.

The judge last month granted only part of the U.S. government's request to trim $1.13 million from the damages he assessed last year for Jean Phillips. Frazier lowered damages covering Phillips' past medical expenses by $62,748, settling on an $8.46 million payout.

Frazier had found that Dr. Dan MacAlpine, who was stationed at Scott Air Force Base near Mascoutah, Ill., failed to notice or heed Phillips' rash on her right arm in 2002. MacAlpine, assuming she was an addict looking for prescription drugs, told her to go home and take over-the-counter pain medication.

But the rash turned out to be necrotizing fasciitis - commonly known as flesh-eating bacteria - that Frazier said eventually cost Phillips use of her right arm.

March 26, 2009

Jurors Award $4 M in Brain-Damaged Baby

A Palm Beach County jury has awarded $4 million on behalf of a child suffering from severe mental retardation that the family blamed on a delayed delivery in a West Palm Beach hospital more than 11 years ago.

Stephanie Preshong Brown, of Palm City, was carrying twins in July 1997 when she was admitted to Good Samaritan Medical Center in West Palm Beach for premature contractions. One of the twins, Sydney Preshong Brown, died in utero.

A few weeks later, doctors determined that the other twin, Jordan Preshong Brown, was in distress and decided to deliver by Cesarean section.

The lawsuit contended that problems securing an operating room led to several hours of delay.

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March 25, 2009

Altria, R.J. Reynolds Win Verdict in Florida Suit

Altria Group Inc.’s Philip Morris USA unit and R.J. Reynolds Tobacco Co. said they won a verdict in a wrongful-death lawsuit filed on behalf of a Florida smoker.

A state court jury in St. Petersburg, Florida, found the two biggest U.S. cigarette makers not liable in the case. The verdict is the first defense win in a so-called “post-Engle” tobacco suit in Florida.

The case is the third of its kind to be tried since the Florida Supreme Court in 2006 ruled that smokers could not sue as a class on behalf of smokers statewide. The court said smokers could sue individually and extended the time for them to do so. Thousands of such cases are pending across Florida.

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March 24, 2009

Wal-Mart Sued Over Alleged Drug Mislabeling

A pharmacist at the Yuba City Wal-Mart store mislabeled a pill bottle, resulting in a woman taking twice too much blood pressure medication and nearly dying, according to a $1.2 million lawsuit.

After collapsing on a bus, victim Geraldine Schamanski's heart stopped five times in 24 hours.
Besides Wal-Mart, the pharmacist and Asereth Medical Services are named as defendants. The latter company apparently supplied the pharmacist who mislabeled the bottle.

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March 23, 2009

NY Man With Polio Wins Lawsuit Against Drug Maker

A Staten Island man stricken with polio has won a multimillion dollar lawsuit against a drug maker, claiming he contracted polio 30 years ago while changing his daughter's diaper.

Dominick Tenuto was awarded $22.5 million, believed to be one of the highest awards ever on Staten Island.

The lawsuit claims that the oral vaccine Tenuto's daughter received, which contained a live virus, passed through her body and infected Tenuto while he was changing her diaper.

The 61-year-old Tenuto, a former Wall Street executive, sued two years after contracting polio and losing his job.

The drug maker, Lederle Laboratories, plans to appeal.

March 22, 2009

Indiana Police Settle Wrongful Death Suit Over Police Crash

City and police officials have agreed to pay a man $75,000 to settle a lawsuit filed after his fiancee was killed and he was seriously injured when a driver fleeing police crashed into his car.

Richard Garman’s settlement, allows the city of Indianapolis to avoid a costly trial without admitting liability in the fatal 1999 crash.

Garman’s case stemmed from a 50-second chase that reached 80 mph on city streets and ended when a fleeing driver struck the then 21-year-old Garman’s car, injuring him and killing his fiancee, J. Elizabeth Foster, 19.

Garman, now 30, sued based on his own injuries, which included broken ribs and collapsed lungs, as well as emotional distress and clinical depression spurred by Foster’s death. Garman’s injuries left him with more than $280,000 in medical bills.

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March 21, 2009

Diacetyl Popcorn Workers Lung Victim, Wife Awarded $7.5 Million

A jury has ruled in favor of a plaintiff in a Popcorn Workers Lung lawsuit. According to The Associated Press, the federal jury in Iowa yesterday ordered a flavorings manufacturer to pay the victim - who died just a day before of complications from Popcorn Workers Lung - and his wife $7.5 million for causing his injuries.

Popcorn Workers Lung is a potentially life threatening ailment, for which the only cure is a lung transplant. The disease - also known as bronchiolitis obliterans - has been linked to diacetyl, a chemical used to give microwave popcorn and other snack foods a buttery flavor.

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March 21, 2009

Frat Hazing Wrongful Death Lawsuit Settled

The mother of University of Colorado student Lynn "Gordie" Bailey, who died of acute alcohol poisoning in September 2004 after a fraternity-initiation ritual, has settled her lawsuit with the fraternity on the eve of the trial.

According to the lawyer who represented Leslie Lanahan, Bailey's mother, said a settlement was reached with both the Chi Psi fraternity and the Alpha Psi Delta Corporation of Chi Psi, which owned the fraternity house in Boulder.

Bailey died the morning of Sept. 17, 2004, of acute alcohol poisoning. His blood-alcohol level was 0.328 percent.

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March 20, 2009

California Woman Paralyzed in Crash Gets $45 M

A judge has awarded $45 million in damages to a San Mateo woman who was paralyzed when a wrecking and demolition company's truck ran a red light and hit her car.

Tricia Roth, now 41, a former software developer for Microsoft Corp., suffered a broken neck and spinal injuries in the September 2006 accident, according to her lawyer. Her doctors said she requires full-time attendant care and will never walk again.

The driver, Roman Pantoja, failed to see the light on East Hillsdale Boulevard in San Mateo near Highway 101 and admitted that he was at fault, according to a court hearing.

Superior Court Judge awarded damages against Pantoja and his employer, Division 1 All Service.

March 19, 2009

Florida Jury Awards Woman $65 M in Crash

A jury awarded a 21-year-old Florida woman $65 million for her injuries in a 2007 crash. The verdict is considered to be one of the largest by a Polk County jury.

The verdict stemmed from a traffic crash in Zolfo Springs that left Kendra Lymon in a coma and hospitalized for months.

Lymon had been driving her Dodge Neon on Aug. 21, 2007, when a tractor-trailer owned by Bynum Transport, struck her car at State Road 35 and State Road 64, according to the lawsuit naming Bynum and the driver.

The truck's driver, Robert Bohn, a battalion chief for Polk County Fire Services, was working part-time for the trucking company.
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March 18, 2009

Miami Beach Woman Awarded $38 M For Botched Spinal Surgery

A Miami Beach woman left bedridden and in excruciating pain following spinal surgery in 2003 at Mount Sinai Medical Center was awarded $38 million by a Miami-Dade Circuit Court jury.

The six-person jury deliberated nine hours over two days before finding that neurosurgeon Mario Nanes, Mount Sinai and the hospital's pharmacy management firm caused Amanda Slavin's debilitating injuries.

Mount Sinai settled before the case went to trial, so it is not on the hook to pay any part of the award. The hospital's pharmacy management firm at the time, McKesson Medication Management, vowed to appeal.

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March 17, 2009

Family of Chimp Attack Victim Seeks $50M

The family of a woman mauled by a chimpanzee filed a lawsuit seeking $50 million in damages against the primate's owner, saying she was negligent and reckless for lacking the ability to control "a wild animal with violent propensities."

The suit also alleges that Herold had given the chimp medication that further upset the animal. Herold has made conflicting public statements about whether she gave Xanax, an anti-anxiety drug, to Travis on the day of the attack. The drug had not been prescribed for the animal, police said.

Herold knew the 200-pound chimp, Travis, was agitated when she asked Nash to come to her house on Feb. 16, the lawsuit said. The suit accuses Herold of negligence and recklessness for owning "a wild animal with violent propensities, even though she lacked sufficient skill, strength and/or experience to subdue the chimpanzee when necessary."

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March 16, 2009

Medtronic Links Device for Heart to 13 Deaths

Medtronic said that at least 13 people might have died in connection with a heart device that it recalled in 2007 but was still in widespread use, including four patients whose deaths were related to efforts by doctors to surgically remove the product.

The new data reflect the first fatality update by Medtronic since October 2007, when it recalled the device — a thin electrical cable that connects an implanted defibrillator to a patient’s heart. The company cited five deaths when it recalled the product, saying fractures in the cable could cause a defibrillator to fail to deliver a lifesaving shock to an erratically beating heart, or to fire for no reason.

Separately, a previously undisclosed Food and Drug Administration report indicates that Medtronic began receiving reports soon after the device reached the market in late 2004 that the cable, known as the Sprint Fidelis, was fracturing. The company also revised its manufacturing process in the months before withdrawing the Sprint Fidelis from the market, according to the F.D.A. report.

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March 15, 2009

Family of Football Player Files Wrongful Death Lawsuit Against UCF

The family of UCF football player Plancher, a 19-year-old freshman wide receiver who died March 18, 2008, filed a wrongful death lawsuit after an offseason conditioning workout on the UCF campus.

An autopsy found that the extreme stress of the workout triggered Plancher's sickle-cell trait, a blood disorder that caused his body to shut down.

UCF officials said they tested Plancher for the trait in 2007 and were aware he had the genetic condition.

Enock and Giselle Plancher, Ereck's parents, filed a wrongful-death lawsuit against the UCF Athletics Association alleging coaches and athletic trainers were negligent in their treatment of Plancher.
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March 14, 2009

Paralyzed Seattle Wrestler And School Settle

A former Seattle High School wrestler who was paralyzed at a practice two years ago was awarded $15 million in a settlement with Seattle Public Schools.

Mac Clay, then a senior, was at wrestling practice in the school cafeteria when he was driven backward into two wrestlers going in the opposite direction. The accident left him with limited use of his arms and no movement in his fingers and triceps, according to his attorney.

At the time, 13 wrestling team members were practicing using one mat on the concrete floor, although there were extra mats nearby, his attorneys said.

"They didn't follow the normal safety rules," said one of Clay's lawyers, Jack Connelly. "The coaches weren't certified and hadn't attended safety classes required" by the Washington Interscholastic Activities Association.

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March 13, 2009

Exxon Found Liable in Maryland Gas Leak

A Maryland jury awarded more than $150 million to the neighbors of a northern Baltimore County service station, finding Exxon Mobil Corp. liable for the damage caused when thousands of gallons of gasoline seeped into the groundwater from a leaking pipe.

The Baltimore County jury's verdict -- delivered after five months of testimony and nearly two weeks of deliberations -- directed the oil giant to compensate about 90 Jacksonville families for the lost value of their homes. It also requires Exxon to pay for cancer screenings, and it acknowledged the upheaval caused by the huge spill by awarding millions for emotional distress.
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March 12, 2009

FDA issues peanut safety guidelines for foodmakers

The U.S. Food and Drug Administration issued safety guidelines for companies that use peanut products today and said it may seize products that test positive for salmonella bacteria.

While heat-sensitive, salmonella bacteria become heat-resistant in high-fat environments such as peanut butter, according to the FDA guidance.

The U.S. Centers for Disease Control and Prevention government said 683 people in 46 states have been sickened in the outbreak linked to foods that used peanut ingredients made by the now-bankrupt Peanut Corp of America.

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March 11, 2009

New Questions About Seroquel And Diabetes

Shortly after new antipsychotic drugs came on the market in the late 1990s, the Food and Drug Administration started to worry that they might trigger diabetes in some patients.

So in 2000, the FDA asked AstraZeneca P.L.C. and other pharmaceutical companies to share data on cases of new-onset diabetes and related illnesses in patients taking the drugs. AstraZeneca, told the FDA that patients and doctors had reported 12 new cases of diabetes and five cases of related illnesses among the 623,000 who had taken its antipsychotic drug Seroquel.

But internally, the company had reported the number as 27 cases of diabetes and two of hyperglycemia, according to court documents recently released.

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March 10, 2009

Missouri Jury Orders Electric Company to Pay $2.3 M

A Missouri jury recommended that AmerenUE electric company pay the families of three teenagers involved in an electrical accident three years ago for a combined $2.3 million.

On March 18, 2006, Nic Harbison, then 16, Morgan Milfeld and Tim Fitzpatrick, both then 15, and Joshua McClure, then 18, jumped into Spring Lake. Shortly after hitting the water, the teens became immoblized by an electric current.

Nic Harbison drowned, the others were resucitated.

Harbison's father, Jerry Harbison, filed a wrongful death lawsuit against AmerenUE the electric company.

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March 9, 2009

Beaumont Doctor Sentenced For Improperly Touching Two Girls

A Houston judge is sentencing a Beaumont cardiologist on charges he molested two girls, and although Dr. Jeffrey Klem will not receive jail time, the doctor will be placed on probation and must write a letter of apology to the girls.

Dr. Klem is receiving five years deferred adjudication on each charge of Injury to a Child. Under the terms of a plea agreement, he will not have to register as a sex offender.

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March 9, 2009

Peanut Processor Has No Money For Injuries

Sickened consumers who sued the peanut processor blamed for a national salmonella outbreak could have trouble recovering damages from company accounts because assets listed in a bankruptcy filing will likely go to other businesses that bought its products.

Lynchburg-based Peanut Corp. of America filed documents listing nearly $11.4 M in assets and debts of $4.8 M in U.S. Bankruptcy court. However, more than $7 M listed as assets was in insurance that covers the company's products and will not be used for claims by consumers. Among the uses for that money would be compensating businesses that had bought Peanut Corp. products that were recalled, trustee Roy V. Creasy said.

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March 8, 2009

Dog Lease Injures a Denton Texas Girl

Dereka Williams, 13, living in Denton Texas was partially blinded last year when a retractable dog leash broke and struck her in the eye. "I was in the driveway and my dog was kind of running and I was trying to pull her and the leash broke," said Dereka.

SlyDog, the inexpensive retractable leash Dereka's father bought to keep track of Diamond, the family's 25-pound blue pit bull terrier puppy, had recoiled without warning. It struck Dereka in her left eye and tore the retina.

"She kept saying, 'Mommy I can't see, I can't see,' " said her mother, Joy Williams. "I thought she was exaggerating. Her eye was bloodshot. You could see the metal piece sticking out of her eyeball."

Continue reading "Dog Lease Injures a Denton Texas Girl" »

March 6, 2009

US Supreme Court Rejects Limits on Drug Lawsuits

The Supreme Court forcefully rejected calls for limiting consumer lawsuits against drug makers, upholding a $6.7 million jury award to a musician who lost her arm to gangrene following an injection.

The decision is the second this term to reject business groups' arguments that federal regulation effectively pre-empts consumer complaints under state law.

Diana Levine of Vermont once played the guitar and piano professionally. Her right arm was amputated after she was injected with Phenergan, an anti-nausea medicine made by Wyeth Pharmaceuticals, using a method that brings rapid relief, but with grievous risks if improperly administered.

In a 6-3 decision, the court turned away Wyeth's claim that federal approval of Phenergan and its warning label should have shielded the company from lawsuits like Levine's.

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March 6, 2009

Jury Awards $11M to New Jersey Family in Oral Surgery Malpractice Case

A jury in New Jersey ruled that a Perth Amboy oral surgeon committed medical malpractice in the death of patient the morning after having his wisdom teeth removed.

The jury deliberated less than three hours over two days before finding that George Flugrad committed medical malpractice when he failed to get clearance from Woodbridge patient Francis Keller's medical doctor to remove his wisdom teeth after Keller told him he had an impaired immune system.

Keller's family and his estate were awarded $11 million in damages. With interest combined with other settlements reached in the case, Keller's parents will received more than $12 million, according to their attorney.

"The money will never bring my son back no matter how much I get," Helen Keller said. "I only hope it prevents someone else from going through this heartache."

Continue reading "Jury Awards $11M to New Jersey Family in Oral Surgery Malpractice Case" »

March 5, 2009

Texas Jury Awards $3 M in Houston Death Involving Excessive Force

A Harris County jury awarded $3 million to the Houston mother of a schizophrenic man who was shocked, hogtied and later died as Precinct 1 constable’s deputies took him into custody on a mental health warrant four years ago.

After a three-week trial, the jury concluded by a 10-2 vote that three of the four deputies named in Shirley Nagel’s lawsuit used unreasonable and excessive force as the deputies detained Nagel’s son, Joel Don Casey.

Casey’s death was ruled a homicide. An autopsy found the 52-year-old man died of psychotic delirium with physical restraint associated with heart disease.

He also suffered fractures to his seventh cervical vertebrae and to his thyroid cartilage.

Continue reading "Texas Jury Awards $3 M in Houston Death Involving Excessive Force" »

March 4, 2009

Florida Smokers' $580 M Trust Fund and Justice Department Settles for $18 M

The trustee of a trust fund for sick Florida smokers is prepared to settle some claims by the federal government for $18 million, freeing up the rest of the $580 million fund for smokers and their attorneys.

"We have reached an agreement in principle with the Department of Justice in full settlement of all claims for reimbursement of Medicare and Veterans Administration benefits received by beneficiaries" of the fund, according to fund trustee Miles McGrane.

When it comes to how the settlement money would be paid, McGrane offered two scenarios -- a quick and easy method dividing the total by about 45,000 authorized claimants for a charge of $400 each or a belabored process of running their Social Security numbers through Medicare and VA databases to check for individual benefit payments.

Continue reading "Florida Smokers' $580 M Trust Fund and Justice Department Settles for $18 M" »

March 3, 2009

Birth Injury in Jail Leads to Lawsuit

Chelsie Barker, now a 10-year-old girl, needs round-the-clock attention as a result of a lack of oxygen during birth in a Michigan jail.

Jail officers are being sued in federal court, for violating the girl’s constitutional rights by not getting her mother, an inmate, to a hospital for the delivery.

Their defense is Roe v. Wade, the landmark abortion decision. Attorneys for the officers say they are not liable because the child had no 14th Amendment right before she was born.

The jail officers “had sufficient warning that the child was on the way and did not get her the medical care she needed immediately prior to, during, and after the birth,” according to the U.S. District Judge.

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March 2, 2009

Seroquel Increased Risks of Diabetes

According to plaintiffs' attorneys AstraZeneca PLC failed to warn physicians and patients about risks associated with its widely used schizophrenia drug Seroquel.

According to documents that were just unsealed in a U.S. federal court case showed AstraZeneca knew about the risk of weight gain and diabetes in 2000.

The company "not only failed to warn physicians and patients about the risk of diabetes but they also marketed them in a way that represented that there was no risk."

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March 1, 2009

FDA Requires Boxed Warning and Risk Mitigation Strategy for Metoclopramide-Containing Drugs

A class of drugs to treat stomach disorders needs a strong warning about the risk of involuntary, repetitive movement on several parts of the body seen with long-term use or high doses, according to U.S. regulators.

The drugs contain the ingredient metoclopramide and are available in various forms including tablets, syrups and injections, the Food and Drug Administration said.

According to the FDA more than 2 million Americans use the medicines to treat gastroesophageal reflux disease and other stomach ailments.

Continue reading "FDA Requires Boxed Warning and Risk Mitigation Strategy for Metoclopramide-Containing Drugs" »

February 28, 2009

Coppell Texas Mannatech to Pay Millions to Settle Diet-Supplement Lawsuit

Dallas based dietary supplements seller Mannatech Inc. will return $4 million to customers and its founder will pay a $1 million fine for lying about the health benefits of its products, according to the Texas attorney general’s office.

Attorney General Greg Abbott said the Coppell-based company tricked people into thinking its products would prevent, treat or even cure diseases.

Continue reading "Coppell Texas Mannatech to Pay Millions to Settle Diet-Supplement Lawsuit" »

February 27, 2009

Arlington Texas Family Struggles to Cope After Drunken Driving Crash

An Arlington, Texas boy aged 2, who was critically injured in a drunken driving crash last week remained on life support as his parents coped with his devastating prognosis.

Eighty percent of Abdallah Khader’s brain was destroyed in the crash, according to his doctor, Jeff McGlothlin. If Abdallah survives, he will be severely disabled for the rest of his life.

Continue reading "Arlington Texas Family Struggles to Cope After Drunken Driving Crash" »

February 26, 2009

California Woman Infected With Herpes Wins Lawsuit

A California jury has awarded nearly $7 million to a 56-year-old woman who was unknowingly infected with herpes by a 77-year-old man.

The lawsuit alleged that Thomas Redmond knew he had genital herpes for more than 25 years but did not disclose it before his sexual relationship began with Patricia Behr and did not use a condom.

The lawsuit claimed that Behr suffered unnecessary stress and humiliation as a result of the defendant's conduct, which it called "outrageous and beyond the bounds of decency."

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February 25, 2009

Detroit to Pay $2 M for Wrongful Death

Detroit has agreed to pay $2 million to settle a lawsuit over the death of a 67-year-old man in a police lockup.

James Stone, arrested for a parole violation, had a heart attack and died in August 2005 at the police department's Second Precinct. Lawyers for his estate said he complained for hours about chest pain, but no one took him to a hospital.

The case was settled for $2 million before a jury was picked in federal court.

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February 24, 2009

Cleburne Texas Family and Atmos Settle in Gas Explosion

A Cleburne family, the Pawliks, whose house exploded after odorless natural gas seeped into their home through a leaking gas main and a faulty air conditioning condensation line, has reached a settlement with Atmos Energy. The terms of the settlement are confidential.

The lawsuit alleged that Atmos did not inspect or maintain the gas lines.

Officials from Atmos Energy also declined to discuss the terms of the settlement. The man’s wife, Hazel, 64, and daughter, Hazel Sanderson, 44, died after being severely burned.

Continue reading "Cleburne Texas Family and Atmos Settle in Gas Explosion" »

February 23, 2009

Jury Awards $2 M to Man Injured in Collision With FedEx Truck

On Aug. 20, 2008 a jury awarded nearly $2 million to a man who sustained a lumbar compression burst fracture in a collision with a Federal Express delivery truck.

James Hughes was a passenger in a car going through an intersection when he was struck by the FedEx vehicle.

Hughes' injury is located at the L1 disk, and it will required fusion surgery. He claimed he's in constant pain and he's prevented from performing actions more strenuous than walking for brief periods.

He also claimed his injury forced him to close his business.

The defense argued that a traffic signal malfunction caused the accident, but the jury found FedEx 100 percent liable.

Hughes v. Federal Express Ground Packages System, No. 2:07-cv-00286-CE

Court: U.S. District Court for the Eastern District of Texas, Marshall

February 21, 2009

Indiana Jury Awards $157M in Tree Stand Death

An Indiana woman has been awarded $157 million in a wrongful death lawsuit she filed against the manufacturers of a tree stand that malfunctioned, killing her husband three years ago.

The substantial default judgment, reached by jurors in about an hour, no one representing the defendants -- L & L Enterprises in Hattiesburg, Miss., Ol' Man Tree Stands in Jay, Fla., and TSR Inc. in Pace, Fla. -- showed for the trial.

Carol Simonton filed the civil tort in February 2006, about four months after her husband, Timothy Simonton, was found hanged to death in Parke County, IN.

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February 19, 2009

SC Jury Awards $4.4M Against Hospital

A South Carolina jury has awarded $4.4 million to the parents of a 4-year-old girl who died after suffering brain injury at birth at Piedmont Medical Center.

The jury found that the hospital was at fault in 2003 when it assigned a nurse trainee to monitor expectant mother Robin Wilson, who had arrived at the hospital three days before her scheduled induction, complaining of nausea and vomiting.

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February 18, 2009

Philip Morris to Pay $8 Million to Smoker's Widow

Philip Morris has to pay the widow of a longtime smoker who died of lung cancer $8 million in damages in a case that could affect about 8,000 similar Florida lawsuits.

The six jurors deliberated over two days before returning the award for Elaine Hess, whose husband Stuart Hess died in 1997 at age 55 after decades as a chain smoker.

The award amounts to $3 million in compensatory damages and $5 million in punitive damages against Richmond, Va.-based Philip Morris USA.

The Hess case was the first to go to trial since the Florida Supreme Court in 2006 voided a $145 billion class-action jury award, which was by far the highest punitive damage award in U.S. history.

Continue reading "Philip Morris to Pay $8 Million to Smoker's Widow " »

February 17, 2009

California Surgeon Charged With Molesting Patients

A California doctor accused of molesting female patients during medical procedures has been ordered to stop practicing medicine until further notice.

Dr. Peter Chi, has turned in his license, according to the Medical Board of California. He previously had been ordered by a San Joaquin County judge to stay away from the Beauty Renewed Laser Skin Center, where he served as the medical director.

Chi, a cosmetic surgeon, made his first court appearance and is out on $100,000 bail. He has been charged with seven counts of sexual battery by fraud, one count of sexual battery and three counts of rape by a foreign object.

A total of eight women, said that they were violated during cosmetic surgery procedures or postoperative exams at his clinic between September 2007 and December 2008. Most of the women, who were 25 to 39 years old at the time, were unconscious while the molestation occurred.

Continue reading "California Surgeon Charged With Molesting Patients " »

February 16, 2009

Dallas Doctor Ordered to Pay Man Who Lost Limbs $7.5M

DALLAS — A Bedford infectious-disease specialist has been ordered to pay $7.5 million to a former maintenance man who lost his arms and legs to an MRSA infection.

Judge Jim Jordan ordered Dr. Meenakshi Prabhakar to pay David Fitzgerald after a Dallas County jury found in Fitzgerald's favor in his medical malpractice lawsuit. Prabhakar treated Fitzgerald in 2003 when he developed an infection following surgery at RHD Medical Center in Farmers Branch. Photo courtesy of Dallas Morning News

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February 15, 2009

PCA Peanut Company Files for Bankruptcy Protection

Peanut Corporation of America, the company responsible for the nationwide salmonella outbreak, has filed for Chapter 7 bankruptcy protection and will begin liquidating its assets as legal claims pile up against it.

Companies that Lynchburg, Va.-based PCA supplied with peanut products have also filed suit against it, and PCA's insurer, Hartford Casualty Insurance, has filed a lawsuit in an effort to limit its liability.

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February 14, 2009

Man Paralyzed in Crash After Underage Drinking Party Settles Lawsuit

An Illinois woman's homeowners insurance will pay $2.5 M to settle a lawsuit brought by a man who was injured in a crash that occurred after an underage drinking party in her home.

The settlement between the woman, whose teenage daughters hosted the party, and George Baldwin, 22, was approved by the judge in Lake County Circuit Court.

In 2006, Baldwin, then a 19-year-old Lake Forest High School graduate, went to the woman's home with a friend, William Klairmont, then 18 and also from Lake Forest. They were visiting Pfeifer's daughters, and all drank beer in the girls' bedroom.

Klairmont was intoxicated when he drove home and lost control of his car. Baldwin, a passenger, was injured with resulting paralysis.

Continue reading "Man Paralyzed in Crash After Underage Drinking Party Settles Lawsuit " »

February 13, 2009

Dallas Medical Malpractice Case Settles

Stacy Rojas was declared brain dead one month before Zoe Rojas' birth. The mother was kept on life support to save their daughter's life. Two days after Zoe was born, Mr. Rojas said goodbye to his wife forever.

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February 12, 2009

All Peanut Products From Texas Plant Are Recalled

Texas health officials ordered a recall of every product ever shipped from a Plainview peanut processing plant since March 2005 after inspectors discovered contamination.

Inspectors found dead rodents, rodent excrement and bird feathers in a crawl space above a food production area at the Peanut Corp. of America’s Plainview plant, according to authorities from the Texas Department of State Health Services.

The plant’s air handling system was not completely sealed and was pulling debris from the infested crawl space onto exposed food products in production areas.

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February 11, 2009

Court Awards $1.4M in Taser Lawsuit

A federal court has ordered Taser International to pay $1.4 million to lawyers for the family of a California man who died after police officers repeatedly shocked him with stun guns.

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February 10, 2009

Florida Doctor Loses License in Live Birth Abortion Case

The Florida doctor's license was revoked in the case of a teenager who planned to have an abortion but instead gave birth to a baby she says was killed when clinic staffers put it into a plastic bag and threw it in the trash.

The doctor, Pierre Jean-Jacques Renelique, was not present when the baby was born, but the Florida Medical Board upheld Department of Health allegations that he falsified medical records, inappropriately delegated tasks to unlicensed personnel and committed malpractice.

Continue reading "Florida Doctor Loses License in Live Birth Abortion Case" »

February 10, 2009

F.D.A. to Restrict Prescriptions of Narcotics

According to federal drug officials, many doctors may lose their ability to prescribe 24 popular narcotics as part of a new effort to reduce the deaths and injuries that result from these medications inappropriate use.

A new control program will result in restrictions on the prescribing, dispensing and distribution of extended-release opioids like OxyContin, fentanyl patches, methadone tablets and some morphine tablets.

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February 10, 2009

Yaz Birth Control Pill and Advertising

Bayer HealthCare Pharmaceuticals has just introduced a new $20 million advertising campaign for Yaz, the most popular birth control pill in the United States.

But the television ads, are not typical spots promoting the benefits of a prescription drug. Instead, they warn that nobody should take Yaz hoping that it will also cure pimples or premenstrual syndrome.

As part of an unusual crackdown on deceptive consumer drug advertising, the Food and Drug Administration and the attorneys general of 27 states have required Bayer to run these new ads to correct previous Yaz marketing.

Continue reading "Yaz Birth Control Pill and Advertising " »

February 9, 2009

Botched Abortion Leads to National Shock

A woman aged 18, went to an abortion clinic outside Miami and paid $1,200 for the doctor to terminate her 23-week pregnancy.

Three days later, she sat in a reclining chair, medicated get her ready for the procedure.

The doctor did not arrive in time. According to the woman and the Florida Department of Health, she went into labor and delivered a live baby girl.

What happened next has shocked people on both sides of the abortion debate: One of the clinic's owners, who has no medical license, cut the infant's umbilical cord. The woman placed the baby in a plastic biohazard bag and threw it out.

Continue reading "Botched Abortion Leads to National Shock" »

February 8, 2009

Aftermath of 9/11

A new study finds that almost a quarter of a sample of people exposed to toxic dust after the 9/11 attack in New York City still suffer from diminished lung capacity.

The rate of lung problems is about 2.5 times more than would be expected in people who smoke, according to co-author Dr. Jacqueline Moline, director of the World Trade Center Medical Monitoring and Treatment Program Clinical Center.

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February 6, 2009

Emotional-Distress Suit Against GE Over Toxic Building

A N.J., judge has blocked an attempt to dismiss a toxic-tort suit over a mercury-contaminated building, rejecting defense arguments that the plaintiff's expert proofs of emotional distress were inadmissible net opinions.

In Schley v. General Electric Co., L-251-07, former owners and residents of 722 Grand St. in Hoboken, N.J., seek damages from GE, a previous owner. The plaintiffs claim physical injury and emotional distress allegedly caused by contamination so severe that authorities ordered them to evacuate the building.

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February 5, 2009

Los Angeles to Pay $13 M to Settle May Day Melee Lawsuits

The LA City Council agreed to pay nearly $13 million to people injured or mistreated in a May Day melee in MacArthur Park, bringing to more than $30 million the money spent over the last two weeks to settle lawsuits alleging LAPD misconduct.

For the LAPD, the $12.85-million payout -- covering most of the claims by immigration demonstrators and bystanders injured May 1, 2007, in MacArthur Park -- has a few strings attached.

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February 3, 2009

Texas Peanut Plant Under Investigation

A peanut processing plant in Texas run by the Peanut Corp. of America, which is being investigated for a national salmonella outbreak, operated for years uninspected and unlicensed by Texas health officials.

The Peanut Corp. of America plant in Plainview was never inspected until after the company fell under investigation by the Food and Drug Administration.

Once inspectors learned about the Texas plant, they found no sign of salmonella there. This finding raises questions; how it could have operated unlicensed for nearly four years and about the adequacy of government efforts to keep the nation's food supply safe. Texas is among states where the FDA relies on state inspectors to oversee food safety.

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February 2, 2009

More Toxins in River Near TVA Ash Spill

Independent water quality tests conducted by environmental activists show high levels of arsenic and other toxins in river water near the site of a massive coal ash spill in Tennessee and several miles downstream.

The samples were collected about one to two weeks after 1.1 billion gallons of ash sludge and water breached an earthen containment area at the Tennessee Valley Authority's Kingston Fossil Plant, about 40 miles west of Knoxville. No one was seriously injured in the spill, but several residents were displaced.

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February 1, 2009

Criminal Investigation Starts for Peanut Plant

Federal health officials opened a criminal investigation into the Georgia peanut-processing plant at the center of the national salmonella outbreak.

The investigation into Peanut Corp. of America follows reports of poor sanitation practices and inspections that found the company sold contaminated peanut products to food makers.

At least 529 people have been sickened as a result of the outbreak, and at least eight might have died because of it. More than 430 products have been recalled.

January 31, 2009

Florida Tobacco Lawsuit To Restart

A lawsuit by the widow whose husband died of lung cancer is headed to trial again. Nearly two months after ending in a mistrial, the first of about 8,000 cases against tobacco companies in Florida is scheduled to head to trial again in Florida.

Elaine Hess is suing cigarette maker Philip Morris, alleging her husband's death was caused by his addiction to cigarettes containing nicotine. Stuart Hess, a locksmith, died of lung cancer at age 55 in 1997.

The case originally went to trial in December, but ended on the second day of testimony after an expert witness for Hess used a racial slur.

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January 30, 2009

Pipefitter Injured in Fall Recovers $90,780

On Dec. 12, 2008, a pipefitter recovered $90,780 after a jury found that he was partially responsible for injuries he sustained in an accident at a refinery in Port Arthur.

In 2005, James Levine was working on a scaffold owned and erected by United Scaffolding when a piece of plywood covering a hole in the scaffold moved. He fell into the hole but caught himself with his arms. He was later diagnosed with neck injuries allegedly caused by the incident.

Continue reading "Pipefitter Injured in Fall Recovers $90,780" »

January 29, 2009

NV Jury Finds For Family $2.5 M in Med Mal Case

In 2004, a 24-year-old mother found blood in her stool and kept having pain when she went to the bathroom. When she went to her local doctor, she was repeatedly told that she was merely suffering from hemorrhoids.

Seven months after she visited the doctor, she was rushed to University Medical Center's emergency room because of major pain. Shortly after that, she was diagnosed with colon and rectal cancer. She died in 2007 at the age of 27.

The Las Vegas District Court jury awarded her family $2.5 million in a medical malpractice lawsuit. The suit contended that the doctor and a nurse at the family practice, were negligent and did not examine her properly.

The jury determined that the doctor was mostly responsible for the negligence that contributed to the woman's death and that he "fell below the standard of care," according to the verdict.

If she had been properly diagnosed when she first visited her doctor, her chances of surviving the cancer would have been 97 percent. Her chances dropped to 50 percent by the time she was diagnosed in December 2004.

Continue reading "NV Jury Finds For Family $2.5 M in Med Mal Case" »

January 28, 2009

Wisconsin Ruling Limits Cheerleader Injury Suits

High school cheerleading is a contact sport and therefore its participants cannot be sued for accidentally causing injuries, according to the Wisconsin Supreme Court.

The court ruled that a former high school cheerleader cannot sue a teammate who failed to stop her fall while she was practicing a stunt. The court also said the injured cheerleader cannot sue her school district.

The National Cheer Safety Foundation said the decision is the first of its kind in the nation.

At issue in the case was whether cheerleaders qualify for immunity under a Wisconsin law that prevents participants in contact sports from suing each other for unintentional injuries.

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January 27, 2009

Peanut Butter Update

The plant in Georgia that produced peanut butter tainted by salmonella has a history of sanitation lapses and was cited repeatedly in 2006 and 2007 for having dirty surfaces and grease residue and dirt buildup throughout the plant, according to health inspection reports. Inspection reports from 2008 found the plant repeatedly in violation of cleanliness standards.

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Continue reading "Peanut Butter Update" »

January 26, 2009

Washington D.C. Water With High Lead Levels

A new study finds that hundreds of young children in the Washington D.C. area experienced potentially damaging amounts of lead in their blood when lead levels were rising in the city's tap water.

In some neighborhoods, the number of toddlers and infants with blood-lead concentrations that can cause irreversible IQ loss and developmental delays more than doubled after lead began leaching into the city's drinking water in 2001, according to the findings to be published in Environmental Science and Technology journal.

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January 25, 2009

U.S. Supreme Court Declines Colleyville, Texas Exorcism Case

The U.S. Supreme Court declined to hear the case of a former Colleyville woman who says that a forced traumatic exorcism left her so physically bruised and emotionally scarred that she later tried to commit suicide.

Attorneys for Laura Pearson filed an appeal before the court arguing that the Texas Supreme Court was wrong in tossing out her case against the Pleasant Glade Assembly of God in Colleyville.

In the appeal, Pearson's attorneys argued that the Texas ruling "dramatically and dangerously departs" from the Supreme Court's earlier decisions, and that someone's religious beliefs do not excuse them from being held accountable under valid state laws that prohibit such things as assault and false imprisonment.

Continue reading "U.S. Supreme Court Declines Colleyville, Texas Exorcism Case" »

January 23, 2009

Amusement Park Operators Settle Wrongful Death Suit

The family of a Wisconsin teenager killed on a 2007 amusement park ride will be paid $1 million in the settlement of their lawsuit against the operators.

The girl aged 16, died July 14, 2007, in a fall from a giant swing ride at Lifest 2007 when her safety harness was improperly secured.

The parents, named Life Promotions and Air Glory Inc. in a wrongful-death suit and reached an agreement, according to their attorney.

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January 22, 2009

Report: KBR Negligent in Soldier Electrocution

An Army investigation called the electrocution death of a U.S. soldier in Iraq a "negligent homicide" caused by military contractor KBR Inc. and two of its supervisors.

Staff Sgt. Ryan Maseth, 24, of Pittsburgh, died as a result of negligent homicide because the contractor failed to ensure that "qualified electricians and plumbers" worked on the barracks where the soldier died.
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January 21, 2009

FDA: Products Recalled in Peanut Salmonella Outbreak

More than 125 products have been recalled in a salmonella-and-peanuts investigation that keeps getting bigger, according to federal health officials.
The list ranges from goodies like cookies and ice cream to energy bars. Even food for dogs may not be entirely safe, with a national company recalling some of its dog treats.

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January 19, 2009

FDA Confirms Salmonella in Peanut Butter Crackers

The Food and Drug Administration said that salmonella was found in a package of peanut butter sandwich crackers made by Kellogg.
Kellogg said that a previously recalled peanut butter-sandwich cracker tested positive for salmonella.

The outbreak has led to 474 reported illnesses and may have caused six deaths, according to the Centers for Disease Control and Prevention.

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January 18, 2009

Neurosurgeon Not Liable for Failed Back Surgery

On Dec. 12, 2008, a jury sided with a neurosurgeon accused of failing to perform the appropriate procedure on a patient with spinal injuries.

In May 2004, Dr. Walter Loyola performed a two-level fusion on Melinda Lynch's neck. She had a second fusion in late July, but her problems persisted. She ultimately underwent a 360-degree fusion performed by another doctor three months later.

Lynch sued Loyola for malpractice, alleging the two-level fusions failed and that she wouldn't have needed the third surgery if Loyola had initially performed a 360-degree fusion instead.

Loyola argued that he believed the two-level fusion would be successful and would have allowed Lynch a greater degree of mobility than the other procedure. He also claimed Lynch didn't allow for the 12 weeks he told her it would take for her spine to fully fuse.

Lynch v. Loyola, No. 296-2359-06

Court: 296th District Court, Collin County

January 17, 2009

Dallas Mother, Children in Rear-Ender Car Accident Awarded $49,098 verdict

On Dec. 4, 2008, a jury awarded $49,098 to a mother and two children injured in a rear-end collision in Dallas.

In 2004, Silvia Dominguez and her children Teresita and Erick Hernandez were passengers in a vehicle struck from behind by a van driven by Raul Romero and owned by Champ Transportation Services.

Dominguez sustained back injuries and underwent chiropractic treatment, a diskogram and disk resection at L4-5. However, she claimed her pain still persists and she may need a lumbar fusion in the future.

The children also had minor injuries and were treated at the emergency room after the crash.

The defendants admitted liability but argued Dominguez's back problems were due to her job as a warehouse worker and disputed the need for future treatment.

Dominguez v. Romero, No. DC-06-03870

Court: 160th District Court, Dallas County

January 16, 2009

Motorcycle Crash Not Caused By Dogs

On Nov. 25, 2008, a jury determined that dogs were not to blame for an accident that injured a motorcyclist.

In 2002, Ronald Ashley was riding his motorcycle in Midlothian when he claimed two dogs ran into his path and caused him to fall. He sustained five fractured ribs and a collapsed lung in the incident.

Seeking $50,000 in damages, Ashley sued the dogs' owners, Cathy and C.L. Smith, alleging they violated the city's leash law.

The Smiths denied negligence, contending that Ashley waited two years before notifying them of the alleged incident.

The defense also argued that there were inconsistencies between the medical records and Ashley's testimony about how the accident happened, noting that there was no mention of the dogs in the records.

Ashley v. Smith, No. 67850

Court: 40th District Court, Ellis County

January 15, 2009

CDC and Peanut Butter Salmonella Link

The Centers for Disease Control and Prevention confirmed a link between peanut butter and a salmonella outbreak that has sickened more than 400 people in 43 states.

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January 14, 2009

California to Rescue Good Samaritans

CA lawmakers are planning to introduce legislation that would offer greater legal protections to Good Samaritans in light of a recent California Supreme Court decision.

Legislators have introduced three bills to address Van Horn v. Watson, 08 C.D.O.S. 15199, which held that a state statute only shields rescuers from liability if they provide medical care in an emergency situation. The ruling puts at risk aid-givers who inadvertently hurt victims while removing them from a burning building or other potentially dangerous scenarios.

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January 12, 2009

State of Neglect: Texas Law Lets Hospitals Hide Problems

Hospital companies in Texas, many of which collect millions in state and federal funds, operate with minimal public disclosure of deficiencies. The state keeps information on complaints and inspections largely private because influential health care corporations want it that way, and Texas legislators have obliged.

As a result, it is next to impossible for the public to determine whether state enforcement works properly. Hospital lobbyists designed much of this system.

The Texas Department of State Health Services provides, on its Web site, a small amount of data on hospital fines. The department also furnishes limited and heavily redacted violation records to anyone who makes a formal open-records request, pays in advance and sometimes waits months for delivery.
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January 10, 2009

Huntington Beach CA to pay $125,000 in Wrongful Death Lawsuit

According to city officials the parents of a teenager who was killed in a confrontation with Huntington Beach police in 2006 will receive $125,000 from the city in a settlement of their wrongful-death lawsuit.

The victim aged 18, was shot by two Huntington Beach police officers after they responded to 911 reports of a woman holding a 4-inch knife walking near a park.

The parents filed a lawsuit accusing the two officers of excessive and unreasonable force. The suit sought at least $40 million in compensatory and punitive damages for each parent.

Investigations by the Orange County Sheriff's Department and the district attorney's office cleared the officers of wrongdoing, saying they were forced into a split-second decision to kill a woman they believed to be dangerous.

Continue reading "Huntington Beach CA to pay $125,000 in Wrongful Death Lawsuit" »

January 9, 2009

Tarrant County Texas Train Accidents

Harris County is the most dangerous county in Texas for railway accidents, according to a recently released report.

There were 1,376 reported incidents including derailments, collisions, pedestrian trespassing and hazardous material releases from 1998 through 2007 in the county, according to the Texas Rail Relocation and Improvement Association. The accidents killed nearly 100 people and left more than 1,100 injured, the group said.

Nationally, Texas — with more railroads than any other state and more miles of track — ranks No. 1 for train-vehicle collisions and deaths at rail crossings, the group said.

There were 12,271 rail accidents in Texas from 1998 to 2007 — the most recent figures available — leading to 853 deaths and 7,203 injuries, according to the association.

Continue reading "Tarrant County Texas Train Accidents" »

January 9, 2009

Dallas VA Hospital Opens Remodeled Psychiatric Unit

The Dallas VA medical center's psychiatric wing, where two patients committed suicide last year, reopened fully after a nine-month closure.

The wing has been renovated, with new technologies to help safeguard patients and alert hospital personnel about potential problems.

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January 7, 2009

Vets Sue US Over Military Experiments

Six veterans who allege they were exposed to dangerous chemicals, germs and mind-altering drugs during Cold War experiments sued the CIA, Department of Defense and other agencies, in San Francisco Federal Court.

The vets volunteered for military experiments they say were part of a wide-ranging program started in the 1950s to test nerve agents, biological weapons and mind-control techniques.

They allege in their lawsuit that they were never properly informed of the nature of the experiments and are in poor health because of their exposure. They are demanding health care and a court ruling that the program was illegal because it failed to obtain their consent.

The lawsuit seeks class action status on behalf of all participants allegedly exposed to harmful experiments without their knowledge.

The lawsuit said that at least 7,800 U.S. military personnel served as volunteers to test experimental drugs such as LSD at the Edgewood Arsenal near Baltimore, Md., during a program that lasted into the 1970s.

Continue reading "Vets Sue US Over Military Experiments" »

January 7, 2009

Baxter Contaminated Heparin Class Action Lawsuit Filed

A class action suit against the maker of a blood thinning Heparin drug claims the company is substituting safer ingredients - cooked, dried pig intestines - with more dangerous ones.

Joyce Ann Osteen of Illinois is suing Baxter over its anticoagulant drug Heparin in St. Clair County Circuit Court.

She claims the company began substituting a more dangerous ingredient to "reap greater profits as a result of utilizing cheap component parts."

Baxter began making the drug from enzymes found in pork intestines, according to the complaint filed Jan. 5.

Continue reading "Baxter Contaminated Heparin Class Action Lawsuit Filed" »

January 5, 2009

Tyler Texas Store Not Liable For Elderly Shopper's Death

On Sept. 24, a jury rejected a family's claim that its elderly patriarch died as a result of injuries sustained when he fell at a Family Dollar Store.

The family of Warren Tiner, 84, alleged he was shopping at the Tyler store when he tripped over a box left out in an aisle.

Complaining of back pain, he checked into a hospital eight days after the September 2006 incident. His condition worsened, and he developed other health issues, including pneumonia, heart problems and eventually paralysis from spinal cord compression.

Tiner's family claimed his death in July 2008 was related to injuries from the fall. Family Dollar denied that a box was in the aisle and contended that even if it were, Tiner should have seen and avoided it.

The defense also argued that Tiner suffered from chronic health problems prior to the incident.

Tiner v. Family Dollar Stores of Texas L.P., No. 07-1759-C

Court: 241st District Court, Smith County

January 4, 2009

Truck's Lane Change Blamed For Car Rollover

On Sept. 30, a driver and his passenger netted a total of $1,456,874 for injuries they sustained in a collision with a tractor-trailer.

In 2006, Ronny Martinez, then 35, was traveling with Kenneth O'Neal, then 48, when an 18-wheeler owned by Celadon Trucking Services veered into their lane. Martinez swerved, but gravel off the roadway caused him to lose control and drive back onto the interstate.

He collided with the truck, causing his car to flip and roll several times. Martinez, a restaurant manager, sustained a fractured vertebra and was unable to work for two months.

O'Neal, a retail store manager, suffered a minor brain injury and torn ligaments in his knee. He underwent a knee replacement and has not worked since the accident.

Celadon acknowledged that its driver contributed to the accident but argued that Martinez overreacted. The jury found Celadon 80 percent liable and Martinez 20 percent liable.

Martinez v. Celadon Trucking Services Inc., No. 72596

Court: 40th District Court, Ellis County

January 3, 2009

No Blame in Car Crash That Injured Woman

On Oct. 1, a jury found that neither party was to blame for a collision that resulted in neck and back injuries for one driver.

In 2004, Christy Chaney's car was struck by a vehicle driven by Alan Sunberg as both drivers were traveling in opposite directions on Hwy. 190 near Heidenheimer, Texas.

Chaney alleged Sunberg caused the crash when he entered her lane as he attempted to maneuver around a truck that was turning left in front of him.

She said the injuries she sustained required three months of chiropractic treatment. She also claimed experiencing headaches and that an MRI showed possible bursitis from the jarring impact, but she has not received any further treatment.

She sought $75,000 in damages. Sunberg argued that he had to go into Chaney's lane to avoid hitting the truck.

Chaney v. Sunberg, No. 219-964-B

Court: 146th District Court, Bell County

January 2, 2009

Doctor Not Liable For Patient's Heart Attack

On Sept. 19, a jury sided with a doctor accused of failing to prevent a patient's heart attack.

In 2004, Phyllis Jackson, then 49, underwent a hysterectomy, which had been recommended by her doctor, Suvij Upatham.

The day after the procedure, Jackson complained of chest discomfort and tests showed an elevated heart rate. A nurse notified Upatham, who ordered a number of interventions but did not order an EKG.

Hours later, Jackson went into respiratory distress, and an EKG revealed she had a heart attack. She now suffers from congestive heart failure and is unable to work.

She blamed Upatham, claiming he did not properly test her heart prior to the hysterectomy and that he failed to notice the heart attack symptoms following the procedure.

Upatham argued that Jackson underwent proper testing before the surgery and that her post-operative discomfort was not unusual.

Jackson v. Upatham, No. 70620

Court: 354th District Court, Hunt County

January 1, 2009

Fort Worth Man Mauled by Pit Bull

FORT WORTH — A man had walked his southeast Fort Worth neighborhood for years without any problems from dogs. Until Tuesday morning.

A pit bull terrier mauled the 61-year-old man in a vacant field as he strolled home from a neighborhood convenience store.

"He charged straight at me," the man said Wednesday afternoon from home, where he was nursing his injured hand and leg. "If there had been a rock or something, I could have done something."

But a 76-year-old man, whom police described as a good Samaritan, came to victim’s rescue. The man heard the attack and managed to pull the dog off victim’s left arm.

The injured was taken to John Peter Smith Hospital in Fort Worth with injuries to his left hand and right leg. He was released shortly after the incident.

Continue reading "Fort Worth Man Mauled by Pit Bull " »

December 30, 2008

Texas Wrongful Death Suit Blames Sawmill's Safety Violations

MARSHALL TEXAS- The family of a man killed while working at a Texas sawmill is suing the company for alleged safety violations.

According to the complaint filed Dec. 28 in the Marshall Division of the Eastern District of Texas, the man was employed at Southern Hardwood Co. on Jan. 20, 2007, when he died.
The man was making wooden boards for pallets using a board edger, when the Crosby board edger "shot back" a board into his chest.

The man was taken to a local hospital where he was pronounced dead and the cause of death determined to be from a blunt force trauma to the chest.

Continue reading "Texas Wrongful Death Suit Blames Sawmill's Safety Violations" »

December 25, 2008

Ambulance And Car Accident in Leonard, North of Dallas

LEONARD TEXAS— An ambulance collided with a car at a rural North Texas intersection, killing all three people inside the sedan.

Police in Leonard say the ambulance driver failed to see the Chevrolet Malibu before turning onto U.S. Highway 69. The car slammed into the ambulance, sending both vehicles off the road and leaving the ambulance on its side in a ditch.

Continue reading "Ambulance And Car Accident in Leonard, North of Dallas" »

December 23, 2008

Dallas To Start Towing More Uninsured Motorists

DALLAS, TX.- The Dallas Police Department will begin enforcing the Uninsured Motorist Ordinance with the start of the new year.
Approved by the Dallas City Council on May 28, the new law says that drivers who are stopped for a traffic violation and cannot provide proof of the state-required auto insurance will have their vehicle towed at the owner’s expense.

Currently, uninsured drivers in Dallas are only towed in the event of a traffic accident. The new ordinance extends towing to any traffic violations.

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December 20, 2008

Texas Roadway Hazards From Trucks Leaving Gas Well Sites

TEXAS-Johnson County officials are concerned about "mud" spills, the mess that some companies leave behind when waste is hauled away from drilling sites.

When trucks loaded with the mud used in the gas drilling process travel too fast along county roads, some of it spills out, and county officials are sometimes left to clean up the mess.

The Johnson County’s emergency management coordinator, said cleanup costs are mounting, and the problem is also plaguing other counties in the Barnett Shale.

The mud contains lubricants and toxic chemicals used to make the drill bit turn more easily. When mud spills onto roadways, it is like ice, sometimes leading to serious accidents.

Continue reading "Texas Roadway Hazards From Trucks Leaving Gas Well Sites " »

December 19, 2008

4 Die On Icy North Texas Roads

DALLAS — Four people, including a 14-month-old toddler, died in accidents on icy roadways as a wintry storm moved through Texas over the past week.

Authorities blamed icy roads for all four traffic fatalities. In three of the four deadly accidents, Monday night and early Tuesday, the drivers of the vehicles were speeding on slick roads, officials said.

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December 18, 2008

Heavy Truck Accidents Caused By Fatigue

Driver fatigue is responsible for up to 40% of all accidents caused by semi-truck drivers. Data from the Deptartment of Transportation show that driver fatigue causes as many as 750 deaths and nearly 200,000 injuries on an annual basis.

Under the current rules, a driver must be allowed 10 hours off duty is he has been driving for more than 11 hours and/or has been "on duty" for up to 14 hours. In addition to this daily rule is a weekly rule that requires drivers to stop operating their truck if they have been "on-duty" for either 60 hours in a 7 day period or 70 hours in an 8 day period.

The Federal Motor Carrier Safety Administration has fought unsuccesfuly to tighten these rules and avoid the driver fatigue that has caused so many accidents and injured so many people.

Continue reading "Heavy Truck Accidents Caused By Fatigue" »

December 17, 2008

Family of Inmate Who Died Sues S.F. for $10 M

The family of a man who died at a San Francisco jail has filed a $10 million federal civil rights lawsuit against the city, saying sheriff's officials ignored prisoners' pleas that he needed medical help in the hours before he died.

The 48 year old man, died in his cell, a day after he was booked on suspicion of possession of drugs for sale following his arrest.

Five inmates have alleged that jail staffers did not respond to prisoners' pleas for the man to be treated by a doctor after he complained of feeling ill.

The man's death was listed as accidental, the result of a heart attack caused by acute drug intoxication, the medical examiner's office said.

The wrongful-death suit filed on behalf of man's family Friday in U.S. District Court in San Francisco claims that jail staffers failed to recognize that the man was undergoing opiate withdrawal. He told staffers and other inmates that he "felt like he was dying," the suit said.

Continue reading "Family of Inmate Who Died Sues S.F. for $10 M" »

December 16, 2008

Settlement: Victoria Texas Bus Crash

A $10 million settlement has been reached involving personal injury claims filed over a Jan. 2 charter bus crash that killed one person and injured dozens more near Victoria, Texas.

The settlement which included the family of the man who died and 44 passengers was reached with the driver, owners and managers of the bus company.

A 55-year-old Houston man, died when the bus traveling from Monterrey, Mexico, to Houston veered off U.S. 59 near Victoria and flipped on its side. Dozens were injured. Forty-four of the passengers filed personal injury claims.
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December 15, 2008

Family Sues Disney Over Defective Product Death

The family of a child who died in a Winnie the Pooh bassinet has sued the Walt Disney Co., alleging the company allowed sales of the bassinets despite a flawed design that had been linked to another baby's death.

The bassinet had a drop-down side for easy access, but the design created a gap where babies could slide through and hang to death. The child was 6 months old when she was strangled.

Shortly after the child's death, the U.S. Consumer Product Safety Commission directed retailers to stop selling the bassinets, which were manufactured by Simplicity Inc. Disney's consumer products division licensed its Winnie the Pooh name and image to Simplicity.

The suit, filed in California state court in Los Angeles, raises questions about a common practice in the nursery products industry: Are companies that license their names and characters to other manufacturers responsible when those products turn out to be deadly?
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December 14, 2008

Supreme Court Rejects Appeal by Hanford Contractors

An appeal by Hanford contractors, has been rejected by the U.S. Supreme Court clearing the way for a settlement with almost 2,000 people exposed to radiation during the Manhattan Project and the early years of the Cold War.

The contractors - E.I. Du Pont De Nemours & Co., General Electric Co. and UNC Nuclear Industries Inc. - were challenging a ruling by the 9th U.S. Circuit Court of Appeals last spring that sided largely with the plaintiffs.

The people exposed to radiation lived in eastern Washington, eastern Oregon and Idaho, down wind of the Hanford nuclear reservation, as the U.S. government was developing the first atomic bombs in the 1940s. They have spent nearly two decades trying to win compensation for thyroid cancer and other conditions that they say were caused by the exposure.
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December 13, 2008

Texas Court Orders New Vioxx Trial

Merck is considering an appeal after a Texas state appeals court reversed its own prior dismissal of a $7.75 M judgment in a Vioxx personal injury lawsuit against the drugmaker.

A three-judge panel of the Texas 4th Court of Appeals ruled there should be a new trial in the case. The plaintiff, a longtime smoker with a history of heart disease, died of a heart attack in 2001 after taking Vioxx briefly.

The three judges sent the case back to the original trial court, where a jury in 2006 had awarded $32 million to the man's widow. That amount was cut to about $7.75 million under a Texas law limiting damages.

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December 11, 2008

Florida Med-Mal Case With Punitive Damages Claim

A Florida man, who is suing two Broward County doctors for malpractice in a rare case allowing a punitive damages claim.

The man claims his plastic surgeon later lied about his detached role in the botched surgery, created two sets of medical records to hide the truth and still billed his insurance company for performing surgery.

The Broward Circuit Judge issued an order in July putting punitive damages in play, and Florida's 4th District Court of Appeal on Sept. 29 denied a petition for a writ of certiorari on the issue. The trial is set for March 2.

Continue reading "Florida Med-Mal Case With Punitive Damages Claim" »

December 10, 2008

Scott AFB Doctor Liable in $8.6 M Judgment

The U.S. government must pay $8.6 million in damages because a military doctor at Scott Air Force Base failed to diagnose a case of flesh-eating bacteria according to a federal magistrate judge's ruling.

The former wife of an Air Force captain, testified that she sought treatment at the base hospital emergency room for pain and swelling in her right arm in 2002.

According to court documents, the doctor was concerned the woman was a drug addict wanting a prescription, advised her to go home and take Motrin.

A month later, the situation got progressively worse and the woman was taken to the emergency room. The woman was then diagnosed with necrotizing fasciitis, a strep infection that decays soft tissue.

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December 8, 2008

Wal-Mart Sued by Family of Trampled Man

The family of a man killed in a stampede by holiday shoppers filed a wrongful death lawsuit against Wal-Mart Stores Inc, seeking unspecified damages.

Shoppers on New York's Long Island broke down doors and surged into the Valley Stream Wal-Mart, the day after Thanksgiving, known as "Black Friday," traditionally the busiest retail shopping day of the year.

The 34 year old man, was knocked to the ground and trampled to death. He had been assigned to cover security as an independent contractor.

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December 7, 2008

Medtronic Lawsuit Over Spinal Implant

Medical device maker Medtronic Inc. said it did not encourage the unapproved use of its spinal implant, which a new lawsuit is blaming for the death of a California woman.

The lawsuit, filed by the woman's family in Los Angeles, said her death was caused by use of the Infuse spinal graft in her neck. The device is approved only for use in lower-back surgery and some oral and dental procedures.

The woman's surgery took place in August, a month after the Food and Drug Administration warned that use of Infuse for neck surgeries had led to problems swallowing, breathing and speaking.

Continue reading "Medtronic Lawsuit Over Spinal Implant" »

December 6, 2008

Lawsuit in Florida Blood Bank Death

The parents of a 7-year-old boy who died after contracting West Nile virus from a transfusion of tainted blood asked the Florida Supreme Court to restore an $8 million jury verdict against a blood bank.

The Court have been asked to decide whether all blood banks are covered by Florida's medical malpractice statutes, which include special procedures and limits on damages and attorney fees, rather than general negligence laws.

The American Red Cross and two national blood bank associations are participating in the case through a written "friend-of-the-court" argument that sided with the defendant, LifeSouth Community Blood Centers Inc.
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December 5, 2008

W.R. Grace to Settle Asbestos Case

W.R. Grace & Co. has agreed to pay up to $140 million to settle a class action lawsuit from its use of an attic-insulating product that contained asbestos.

The chemicals maker company will pay $30 million cash into a trust fund, an additional $30 million cash after three years, and make up to 10 additional annual payments of $8 million if certain conditions are met.

The payouts stem from the company's sale of Zonolite attic insulation, a loose-fill vermiculite product that can contain naturally occurring asbestos. Zonolite was installed in millions of homes throughout the U.S. and Canada. The hundreds of thousands of lawsuits filed against the product pushed W.R. Grace into bankruptcy protection in 2001.

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December 3, 2008

Judgment Overturned in Texas Hazing Case

A Texas judge has overturned his previous $16.2 million judgment against the Sigma Alpha Epsilon fraternity, which was sued by the parents of a pledge who died allegedly after a hazing event at the University of Texas.

The judge has accepted the fraternity's explanation that the failure to respond to the lawsuit was an accident, and the lawsuit will now proceed.

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December 2, 2008

$23.5 M for Injuries From Semis Collision

A Kansas jury awarded $23.5 million in a lawsuit stemming from injuries in a semitrailer accident in New Mexico.

The U.S. District Judge reduced the actual award to nearly $15.3 million because the jury decided the driver of the other truck was only 65 percent at fault.

The truck driver tested positive for methamphetamine while driving a truck for Swift Transportation.

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December 1, 2008

Texas Failing to Protect Patients From Abuse And Neglect

A federal investigation has found that Texas is failing to protect disabled residents who are living in large state facilities, from possible lapses in health care.

The U.S. Justice Department said in a report that deficiencies in staffing put residents in 13 facilities at risk of abuse and neglect .

The probe concluded that serious problems and deficiencies in care currently exist throughout the facilities where nearly 5,000 vulnerable Texans live.

"We have concluded that numerous conditions and practices at the facilities violate the constitutional and federal statutory rights of their residents," said an assistant attorney general in the Justice Department's Civil Rights Division.

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November 27, 2008

Six Flags Settles Lawsuit

Nearly 1 ½ years after a girl's feet were severed on a ride at Six Flags Kentucky Kingdom, the amusement park has reached a confidential out-of-court settlement with the teenager's family, who had sued the park for negligence.

The amount of the settlement wasn't disclosed, but it is noted that the girl's unpaid medical bills total nearly $500,000 and that Kentucky law allows recovery for future lost income, as well as pain and suffering.

Continue reading "Six Flags Settles Lawsuit" »

November 27, 2008

Six Flags Settles Lawsuit

Nearly 1 ½ years after a girl's feet were severed on a ride at Six Flags Kentucky Kingdom, the amusement park has reached a confidential out-of-court settlement with the teenager's family, who had sued the park for negligence.

The amount of the settlement wasn't disclosed, but it is noted that the girl's unpaid medical bills total nearly $500,000 and that Kentucky law allows recovery for future lost income, as well as pain and suffering.

Continue reading "Six Flags Settles Lawsuit" »

November 26, 2008

Quadriplegic Awarded $11.3M in Lawsuit

A man who was left quadriplegic when weightlifting equipment at his gym crashed onto his neck was awarded $11 million in a lawsuit stemming from his injury. A U.S. District court awarded the money to the man, who has been awarded a total of $18.6 million following seven years of litigation.

The 39-year-old former Marine was doing squats on a machine at Gold's Gym in Venice when the horizontal bar of weights bearing a couple hundred pounds of weight fell on his neck. The machine did not have adjustable safety stops installed.

Continue reading "Quadriplegic Awarded $11.3M in Lawsuit" »

November 22, 2008

PAGCL and Shoulder Pain Pump Lawsuits

The use of intra-articular pumps, to deliver medication to the shoulder following arthroscopic shoulder surgery has been linked to the development of a painful and debilitating condition which causes the loss of cartilage in the shoulder.

The medical condition, is known as Postarthroscopic Glenohumeral Chondrolysis, PAGCL, and has no consistently successful treatment and often results in permanent shoulder pain.

STATUS OF SHOULDER PAIN PUMP LITIGATION: Lawsuits are currently pending and potential cases are still being reviewed by Dr Shezad Malik Law Firm.

Motions have been filed to consolidate all Federal shoulder pain pump lawsuits and transfer the cases to one court for pre-trial proceedings.

Continue reading "PAGCL and Shoulder Pain Pump Lawsuits" »

November 20, 2008

Roche Loses $12.9 M Three-Case Accutane Verdict

Roche Holding AG must pay $12.9 million to plaintiffs who blamed the Accutane acne medicine for their inflammatory bowel disease, a New Jersey jury ruled, handing the company its fourth trial loss in the case.

Roche didn't give proper warnings to doctors for three Florida residents about the risks of Accutane, which was a substantial factor in their illness, a state court jury found yesterday in Atlantic City. The judge combined three lawsuits into one trial. With three earlier losses for individuals, Roche has now lost jury verdicts involving six plaintiffs.

Continue reading "Roche Loses $12.9 M Three-Case Accutane Verdict " »

November 11, 2008

J&J Units Must Pay $13 Million Over Pain-Patch Death

A Florida jury decided that Johnson & Johnson must pay more than $13 million to the family of a woman who died from an overdose of painkillers delivered by a patch made by the companies.

Janssen Pharmaceutica Products and Alza, the subsidiaries, were responsible for the woman's death. The Johnson & Johnson units have lost all three cases to go to trial so far over the patches.

The New Jersey-based Johnson & Johnson lost the first two cases as juries in Texas and Florida ordered the company to pay a total of $6.2 million to the families of former users who died of painkiller overdoses.

Read about earlier report:
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November 8, 2008

Colorado Diocese Settles $4M Sex Abuse Case

The Catholic Diocese and the Marianist religious order have agreed to pay $4 million to settle the claims of 23 men who said they were sexually abused when they attended a Catholic high school in Pueblo.

The agreement involved alleged abuse at Roncalli High School between 1966 and 1971.

Lawsuits were filed on behalf of the former students who allege a former Brother lured them at the school and asked them to participate in an experiment about trust. He then placed a cloth soaked in ether, a compound used for anesthesia, over their mouths, then sexually abused them as they lay helpless.
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November 6, 2008

Court Upholds Damages in Sushi Food Poisoning Case

An appeals court upheld a $3.2 million award to a woman who said she suffered permanent nerve damage after eating sushi.
The woman was awarded the judgment from a jury more than two years ago but a judge overturned the award. In the decision the 4th District Court of Appeal reversed.

Continue reading "Court Upholds Damages in Sushi Food Poisoning Case" »

November 5, 2008

A&M Settles Bonfire Law Suit

Texas A&M University has agreed to pay $2.1 million to settle a lawsuit resulting from the 1999 bonfire collapse that killed 12 people and injured 27.

The families of four students who died and three who were hurt had sued the university, school officials and construction contractors hired to help build the 59-foot-high stack of logs.

The settlement agreement, filed in state District Court in Brazos County, resolves all remaining claims against current and former A&M employees. Claims against the contractors are pending, and the university is a third-party defendant in those matters.
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November 3, 2008

Florida Supreme Court OKs Anthrax Law Suit

The Florida Supreme Court issued a ruling will help the widow of an anthrax victim claim that the government was ultimately responsible for her husband's death.

The widow's husband was a photo editor who was exposed to anthrax when it was mailed to the Boca Raton office of American Media Inc., in 2001. He was the first of five people who died and 17 others got sick in a series of similar attacks.

The Court ruled that the defendants had a duty under Florida law to protect the public against the unauthorized release of lethal materials. The law suit also alleges the government and Battelle Memorial Institute, a private laboratory in Columbus, Ohio, were the source of the anthrax.

The ruling on the defendants' duty under Florida law was requested by a federal appeals court considering a motion to dismiss the lawsuit.
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November 2, 2008

Amputee Awaits Supreme Court Decision

Diana Levine has a big fight coming up. In a drawing made by her daughter, based on Greek mythology there is an illustration of Diana the Huntress, her bow string drawn taut, an arrow ready to fly.

But the arm pulling at the bowstring was amputated below the elbow — just like Levine's — and the target was labeled the "Wyeth monster."

Levine blames Wyeth for a botched injection of the Wyeth-made drug Phenergan that led doctors to amputate her right arm in 2000.

Levine was awaiting a hearing Monday before the U.S. Supreme Court, where Wyeth is appealing a $6.7 million verdict in her favor.

The outcome of Levine's case could have huge ramifications for drug makers and consumers. The court is expected to decide whether people can sue under state law — or are pre-empted from doing so — for harm caused by a drug approved by the federal Food and Drug Administration.

Levine said the drug makers "are using my case ... to get through this doctrine that will say that if it is FDA-approved, then we are not accountable, because FDA said it's OK. ... Mr. Pharmaceutical Company is not responsible and is not liable and doesn't have to help the person who just lost her arm, or her life."

Read the earlier post

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October 14, 2008

Gadolinium Litigation Involves 391 Lawsuits in State and Federal Court

According to documents filed in federal court, the makers of gadolinium-based contrast agents currently face 391 lawsuits filed by individuals who allege that they developed a rare condition known as NSF, or nephrogenic systemic fibrosis, after an enhanced MRI.

Gadolinium contrast injections are commonly used during MRI and MRA tests to allow doctors to distinguish blood vessels from surrounding tissue by providing enhanced clarity to the images. However, in patients without properly functioning kidneys, side effects of the MRI contrast agents could lead to the hardening and thickening of the skin, which severely restricts movement and could be fatal.

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October 9, 2008

Nuvaring Birth Control MDL Lawsuit

United States District Judge Rodney W. Sipple issued an order Wednesday designating lawyers in the recently formed NuvaRing birth control MDL to serve in leadership positions and to act on behalf of all plaintiffs during discovery and pretrial proceedings.

On August 22, 2008, the Judicial Panel on Multidistrict Litigation centralized all federal NuvaRing birth control lawsuits in the U.S. District Court for the Eastern District of Missouri before Judge Sipple as part of a federal procedure which allows complex product liability cases to be consolidated and coordinated for pretrial proceedings.

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August 26, 2008

Lilly, Amylin Disclose More Cases of Byetta-Related Pancreatitis

Last week, the FDA said it had received reports of six new cases of pancreatitis – including two deaths – associated with the diabetes drug Byetta. Today, Amylin and Eli Lilly said that they had reported four additional deaths to the agency as well, which the FDA hasn’t yet made public.

The companies, which co-market the drug, chose to disclose the additional information in order to “provide context” about each of the cases, according to Amylin President and Chief Executive Daniel Bradbury.

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August 18, 2008

FDA Receives 2 Reports of Death, 4 More Hospitalizations in Patients Using Type 2 Diabetes Drug Byetta

The FDA today said it plans to strengthen warnings about life-threatening pancreas problems linked to the type 2 diabetes drug Byetta after getting two reports of deaths and four other hospitalizations in Byetta users.

Those patients had hemorrhagic pancreatitis (inflammation of the pancreas with bleeding) or necrotizing pancreatitis (in which the inflamed pancreas destroys itself).

All six patients were hospitalized, and their Byetta treatment was stopped. The four survivors were still recovering at the time that the FDA learned of their illness.

Byetta and other potentially suspect drugs should be promptly discontinued if pancreatitis is suspected and not restarted if pancreatitis is confirmed, notes the FDA. Byetta, given by injection, was approved by the FDA in 2005.

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August 18, 2008

FDA and Byetta Pancreatitis Side Effects

Byetta is an injectable therapy to improve blood sugar control in patients with Type II diabetes, which is most often prescribed for patients who have not been able to achieve adequate control on metformin and/or a sulfonylurea, two often prescribed diabetes medications that are taken orally. Byetta has been prescribed alone or in conjunction with other diabetes medicines.

Byetta has side effects that can be harmful. October 2007, the FDA first warned that Byetta may cause acute pancreatitis and reviewed 30 reports of pancreatitis. On August 18, 2008, the FDA announced that the Agency has received six new reports of patients developing severe hemorrhagic or necrotizing pancreatitis. All cases required hospitalization, with two patients dead and four still in recovery.

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July 2, 2008

Defective Drugs: Digitek Lawsuits

Two months after a Digitek recall was issued due to manufacturing problems that allowed double strength tablets to be commercially released, at least three lawsuits have been filed. A number of additional cases are expected to be filed in the coming weeks, as hundreds of potential cases are currently being investigated throughout the country by individuals who are trying to determine if they may be entitled to compensation through a Digitek lawsuit.

Many people have described problems that surfaced during the months around the recall, but some have reported problems consistent with a Digitek overdose as early as 2006. Since the manufacturer has released very little information about the extent of the Digitek problems, all cases are being reviewed to determine if injuries could have caused by the manufacturing problems.

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April 18, 2008

Dallas VA Closes Psychiatric Wing After Suicides

The Dallas VA Medical Center has effectively closed its psychiatric wing after a fourth mentally ill patient this year committed suicide.

On April 4, a man fastened a bed sheet to the bottom corner of a door frame, draped a noose over the top, and hanged himself. Before that, a veteran hanged himself on a frame attached to his wheelchair. And in January, two men who met in the psychiatric ward committed suicide in Collin County days after being released.

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April 15, 2008

Nightmare Conditions in Dallas VA Medical Center's Psych Ward

The voices in Jack Edenburn's head began soon after he returned from Vietnam. They told him to end it all.

He ignored them for almost 40 years, until the day he stood at the railroad tracks near his Lancaster home, fantasizing about stepping in front of a train. That's the day he went to Dallas VA Medical Center. And some days, he says, he regrets that decision.

"Imagine hell," he said of his five days in the psychiatric unit, "then think worse."

Patients soiled with feces and soaked in urine wandered aimlessly, screaming, rolling delirious on the floor. One woman, he said, removed ceiling tiles and crawled into the space above the day room.

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February 18, 2008

Dallas VA Hospital Blamed for the Suicides of Two Veterans

Pat Ahrens knew something was wrong. The night before, he had dropped his friend Chris Demopoulos off at a Plano motel, promising to return in the morning, but Ahrens wasn't sure he had done the right thing.

The two had met at the Dallas veterans' hospital and had bonded over their wartime experiences, the depression that followed and the troubling thoughts of suicide they could not seem to shake. Ahrens was discharged on January 22; Demopoulos checked out the next day, he then gave Demopoulos money for dinner and put him up for the night in a La Quinta Inn at 1820 N. Central Expressway in Plano.

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November 29, 2007

Acute Pancreatitis Warning From FDA About Byetta

FDA has reviewed 30 postmarketing reports of acute pancreatitis in patients taking Byetta, a drug used to treat adults with type 2 diabetes. An association between Byetta and acute pancreatitis is suspected in some of these cases.

Healthcare professionals should instruct patients taking Byetta to seek prompt medical care if they experience unexplained persistent severe abdominal pain which may or may not be accompanied by vomiting. If pancreatitis is suspected, Byetta should be discontinued. If pancreatitis is confirmed, Byetta should not be restarted unless an alternative etiology is identified.

FDA has asked and the maker of Byetta, Amylin Pharmaceuticals, Inc. has agreed to include information about acute pancreatitis in the PRECAUTIONS section of the product label.

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August 11, 2007

Defective Drugs: Fentanyl Lawsuits

The Duragesic and generic fentanyl pain patches have been linked to hundreds of cases of overdose and death. Poor design, manufacturing defects, inadequate warnings and poor quality controls could result in excessive amounts of fentanyl entering the body.

Lawsuits have been filed throughout the United States for users who have died or entered a permanent coma from a fentanyl overdose.

Johnson & Johnson was the main manufacturer as well as a variety of generic fentanyl patch manufacturers.

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