Archive for July, 2005

California Courts Debate Disabled Worker Benefits

The California Supreme Court recently refused to hear another lawsuit on how the state calculates benefits for a permanently disabled worker.

Wrongful death suit filed against Guidant

The family of an elderly Florida man who died after his heart defibrillator allegedly failed is suing the maker of the device, Guidant Corp., for wrongful death and product liability. Guidant already faces several lawsuits over the widely-used product.

Class Action Consumer Fraud Lawsuit Set For Trial

A California judge denied Louisiana-Pacific Corp.'s request to de-certify a class-action suit filed against the company on behalf of 5,300 California homeowners. If found liable, the company could pay up to $100 million in damages.

Mexican Immigrant Mom in Custody Dispute

Tennessee Custody Case Puts a Spotlight on Mexican Immigrants in Legal System.

Prison Doctor Wins Age-Bias Lawsuit

A jury has awarded $20 million to an 85-year-old prison doctor who was forced to retire because of his age.

High Court to Review Penalty for Big Tobacco

The U.S. Supreme Court will decide whether the federal government can punish cigarette manufacturers with a $280 billion fine for deceiving the public about the dangers of smoking.

First Vioxx trial may set precedent for ensuing lawsuits

The widow of Robert Ernst, a man who died from heart problems in 2001, blames Merck & Co. Inc. for his sudden death. Carol Ernst's lawsuit against the pharmaceutical company will be the first of thousands of Vioxx related cases to go to court.

Judge: Ind. May See Minors' Medical Files

Indiana Judge Rules That State Can See Planned Parenthood Records on Patients Under 14.

Baxtar Healthcare Initiating Worldwide Recall

The U.S. Food and Drug Administration recently announced a worldwide recall of nearly 255,000 Volumetric Infusion Pumps manufactured by Baxter Healthcare Corp.

Doctors Suing Insurer Offer Settlement Deal

WellPoint Inc. settled a national racketeering lawsuit on Monday filed by 700,000 physicians in a Miami federal court, agreeing to give doctors more say in the type of treatments the health insurance company will pay.

Police Suspect Teen Shooting Death Was Accidental

Police say their initial investigation of the shooting death of a boy by a friend seems to indicate the incident was an accident.

Health Groups Join Government Against Big Tobacco

Six anti-smoking organizations have joined the U.S. government's lawsuit against tobacco manufacturers.

FDA Warns of Unapproved Antipsychotic Use By Elderly

The Food and Drug Administration has issued a new warning detailing a higher risk of death among older people who are taking antipsychotic drugs such as Zyprexa and Clozaril to treat dementia.

European Medicines Agency recommends continued suspension of Bextra

On June 27, 2005, the European Union's drug agency recommended not lifting a suspension on Bextra, a painkilling drug produced by Pfizer, Inc.

Drug Stores Sued for Racial Discrimination

Black employees in seven states are accusing Walgreen Co. drug stores of systematically segregating and denying job promotions to ethnic minorities, according to a recent federal lawsuit.

Wrongful Death Suit against Taser Dismissed

A federal court in California dismissed a wrongful death lawsuit against Taser International Inc. over its stun guns, the company said.

U.S. Supreme Court of Appeals Upholds Ban on Noisy Jets in Naples

The United States Supreme Court of Appeals upheld a ban on noisy jets over the skies of Naples.

HealthNet of California Pays $222.2 Million in Damages to Texas Creditors

A Baton Rouge jury awarded $222.2 million in damages to Texas creditors trying to get the bills paid after HealthNet of California was found liable for creating problems by engaging in deceptive practices.

Naturally-Occurring Asbestos Linked to Cancer

Researchers at the University of California at Davis recently released a study that indicates that naturally-occurring asbestos deposits can cause mesothelioma, a rare form of cancer that afflicts the lining of the lungs.

Immigration Officers Pose as OSHA Officials to Entrap Immigrant Workers

In a scam operation set up by the federal Immigration and Customs Enforcement (ICE) agency, ICE officers posed as safety instructors to round up documented and undocumented construction workers in North Carolina.

Study: Hormone Therapy's Effects Are Not Lasting

Results of a new study show that women taking hormone therapy pills such as Prempro may experience a renewal of menopausal symptoms, as well as increased risk of heart attacks and breast cancer.

FDA Stops Sale of Painkiller Palladone

Only ten months after its approval, the sale of Palladone has been halted by the Food and Drug Administration amid fears of possible overdose when used in conjunction with alcohol.

Gas Explosion Verdict Appealed

Oklahoma energy company, ONEOK, found libel for damages caused by the 2001 Hutchinson gas explosions, has appealed the verdict that awarded Reno County property owners $5 million for damages plus $2.6 million in legal fees.

Homeowners' insurance pays for DUI death

The family of a man killed by an underage drunk driver has been awarded $80,000, to be covered by the insurance policy of a couple who threw a party where the teen drank before the accident.

FDA Health Advisory Issued for RU-486 (Mifepristone)

Four deaths in the United States have prompted the Food and Drug Administration to issue a warning about off-label usage of mifepristone (Mifeprex) and misoprostol, otherwise known as the abortion drug RU-486.

Companies Fined in Conjunction with Church Collapse

Two companies have been cited and fined $11,800 for alleged safety violations at a church construction site in Elkview. Five workers were injured at the site when trusses they were installing collapsed.

Ebbers sentenced to 25 years in prison

Bernard Ebbers, the former chairman of WorldCom Inc., was sentenced July 13 to 25 years in prison for leading the biggest accounting fraud scheme in the history of the United States.

Elevated Asbestos Levels in El Dorado Hills, CA

Recent tests by the Environmental Protection Agency (EPA) confirmed that elevated asbestos levels were present at local recreation areas in El Dorado Hills, a suburb of Sacramento, California.

Growing Number of Lawsuits Link Welding with Parkinson's Disease

Thirteen lawsuits recently filed in Nashville federal court claim there's a connection between welding fumes and Parkinson's disease.

Legal Battles Likely over Dioxin-Contaminated Waste

Industrial waste contaminated with Dioxins and other toxic wastes sits at the center of a controversy between community members who want the materials removed, and DuPont Co. officials, who want to enclose the waste site.

Definite Link Found Between Natural Asbestos and Cancer

Researchers have proven a long-hypothesized link between naturally-occurring asbestos in rocks and cancer development in those exposed to the asbestos.

Companies Fined $39K in Steel Death

Two companies were fined $39,000 in conjunction with the death of William "Bill" Maffit, a contractor at Beta Steel who died while working on May 6.

IL Lawmakers OK Deal to Fight Malpractice

Illinois Lawmakers Approve Long-Sought Deal to Fight Malpractice Woes.

Feds Shut Down Drug-Smuggling Tunnel

Federal Agents Shut Down Drug-Smuggling Tunnel Dug Underneath U.S.-Canadian Border

Scientists working to prove link between Iron Deficiency and Lead Poisoning

Researchers from the U.K. and Pakistan believe that a lack of iron in the diet may make the body more likely to absorb metal in the environment, leading to problems such as lead poisoning and manganism.

Qwest agrees to $50 million class action settlement

A $50 million settlement has been reached in a class action lawsuit against Qwest Communications International, Inc.

Cholesterol-reducing Statins May Pose Health Risk, Health Canada Says

Health Canada warned that some patients with pre-existing medical conditions could suffer from muscle damage by taking cholesterol-reducing drugs known as statins.

Denver Pit Bull Owners in a Panic Over Ban

Denver's Strict Ban on Pit Bulls Has Owners in a Panic, Even Smuggling Them Out of State.

Accidental Death Prompts Police to Push for Safer Gun Storage

A Rankin Inlet man was charged in connection with the accidental death of a seven-year-old boy last month.

Asbestos-Related Deaths On The Rise in U.S.

A rapidly increasing number of people are dying from diseases related to asbestos exposure, according to federal health experts at the Centers for Disease Control and Prevention.

Bush Nominates Roberts for Supreme Court

Bush's First Supreme Court Nominee Faces Questioning on Host of Contentious Issues

Sex Offender Registry Available on Web

New Justice Department Web Site Provides State-By-State Sex Offender Registries

Parents sue over boy's death at rail crossing

The parents of a boy killed by a commuter train have filed a wrongful death lawsuit against a rail company, the state and local government.

Court Orders Sale of Unabomber's Writings

Federal Appeals Court Orders Sale of Unabomber's Writings to Compensate Victims

Fayette woman pleads guilty in Fen-Phen settlement investigation

Fayette, Mississippi resident Zandra Gray pled guilty to wire fraud on Friday in the federal Fen-Phen settlement investigation. Gray will be sentenced on Sept. 23 and faces up to 20 years in prison.

Florida Man Sues for Police Dog Mauling

A local man recently filed a federal lawsuit against the city of Palmetto after a police dog mauled his face while he hid in a swamp.

Convicted Spy Pollard Loses Appeal

Federal Appeals Court Rejects Convicted Spy Jonathan Pollard's Effort to Reduce Life Sentence

Ephedra and guarana supplements may be harmful to obese people

A study published in the June 2005 issue of Clinical Pharmacology and Therapeutics stated that weight loss supplements containing ephedra and guarana may be harmful to obese people who suffer from clogged arteries, glucose intolerance, or high blood pressure.

Judge Asked to Determine Who Leaked Info

Prosecutor Wants Accountability for Leaked Documents in Cleveland Investigation; Hearing Set

U.S. Officials Defend Safety of Childhood Vaccines

U.S. health officials defended the safety of childhood vaccinations in a response to vocal critics, who believe there may be a link between certain mercury-containing vaccines and autism.

Ephedra settlement -- Nutritional company pays to settle claims of false advertising

Nutraquest, makers of an ephedra based weight loss product, will pay nearly one million dollars to settle claims of false advertising.

Mother Charged With Fatally Beating Sons With Dumbbell

Police Say Mom Thought Sons Would Be Better Off in Heaven

Canadian Health Agency Warns Against use of some Ayuvedic Medicinal Products

The department is removing the medicinal products from the market and will also work to stop future importation.

Seabirds Responsible for High Levels of Toxins found in the Arctic

Scientists recently discovered that dangerous toxins such as mercury, DDT, and other now-banned pesticides are being deposited into the Arctic in the form of bird droppings.

Unborn Babies Exposed to Pollutants in the Womb, Study Finds

While still in the womb, U.S. babies absorb a number of toxic chemicals, including mercury, gasoline products, and pesticides, according to a new report.

Recent Study Finds Link Between Pesticides and Low Fertility in Males

According to a study published in the journal Science, pesticides and other man-made chemicals may decrease male fertility for at least four generations.

More Product Safety Issues for Guidant

Medical device maker Guidant Corp., already under pressure because of defective heart defibrillators, recently announced a new product safety alert affecting more than 28,000 of the company's pacemakers.

Groundwater Contaminated by Wyoming Landfills

Recent evidence indicates that many landfills in Wyoming are leaking into the state's groundwater, leading to contamination.

Putting Puppies to Work in Toxic Mold Detection

A powerful new tool has been developed to detect toxic mold in homes, and this tool is powered almost entirely by Puppy Chow.

Dioxins pose public health risk in China, Environmental Protection Administration blamed

China's Environmental Protection Administration (EPA) is being blamed after dioxins turned up in ducks and duck eggs in Changhua County.

More legal battles ahead for Guidant

The recent recall of more than 50,000 heart defibrillators by Guidant Corp. opens the medical device maker up to more product liability lawsuits. The Indianapolis-based company is already in the midst of extensive litigation.

Toxic Mold Case Recovers $925,000 Settlement

Michigan's Wayne County Circuit Court has awarded a $925,000 settlement to the plaintiff in atoxic mold exposure case, marking the largest toxic mold settlement in Michigan history.

Settlement Reached in Defective Tires Case

A settlement was reached in a Citrus County, Florida, woman's lawsuit against Bridgestone/Firestone Co. over defective tires the woman claims were responsible for an accident that took the life of her husband and injured their two sons.

Volkswagens, Fords, Toyotas Recalled

On July, 7, 2005, the National Highway Traffic Safety Administration announced that Volkswagen, Ford, and Toyota would be recalling vehicles with defects that pose a hazard to consumers.

Some residents of Tittabawassee River Flood Plain in Michigan have heightened dioxin levels, small study reveals

The Michigan Department Community of Health released a report indicating that study participants from the Tittabawassee River Flood Plain have dioxin levels that are higher than average for people with no known direct exposure to dioxins.

Former Canadian Soldiers and Civilians Launch Agent Orange Class-Action Suit

A group of people who say they were exposed to Agent Orange and other chemicals tested at a Canadian Forces Base in New Brunswick have launched a class-action lawsuit against Ottawa.

Homeowners Face Possible Presence of Toxic Chemicals

NORCO, CALIFORNIA -- Residents are attempting to wait patiently to find out whether their properties have been contaminated with toxic chemicals that may have leaked from a nearby testing facility.

Documents Reveal Dangers of Propulsid

Recently acquired documents from both Johnson & Johnson and the US government are showing that Propulsid, the once-popular heartburn drug, may have caused severe heart problems in some patients

Asbestos Litigation To Be Limited By New Bill

WASHINGTON, D.C. -- A new bill may change the way that asbestos cases are settled in court. A trust fund, financed by insurers and manufactures, would pay predictable settlements to victims of asbestos exposure.

Lipitor May Pose Threat to Severely Ill Diabetics

A recent study has found that contrary to previous research, the cholesterol-lowering statin drug Lipitor does not help severely ill diabetes patients. In fact, the research found that patients on Lipitor were twice as likely to die of stroke.

Standards Now Higher For Texas Asbestos Cases

Texas lawmakers have established new rules for asbestos-related lawsuits in an effort to reduce frivolous lawsuits and eliminate harsh deadlines for legitimate cases.

Jury awards $2.45 million to victims of securities fraud

A Greenville, Mississippi business man is sentenced to 70 months in prison and fined $2.45 million in damages for a scam that bilked 19 investors.

SEC proceeds with civil case against HealthSouth founder

Following an acquittal by a federal jury on all criminal counts of accounting fraud, the Securities and Exchange Commission has filed a civil suit against HealthSouth founder Richard Scrushy.

Construction Accident Victim Identified

A worker killed during a construction accident Tuesday has been identified as Rudolfo Dionisio Perez-Deleon, 18, of Brookesville.

Securities fraud settlement could yield up to $45 million

Bernard Ebbers, the former CEO of WorldCom, has reached a settlement in the civil claims against him, agreeing to forfeit most of his assets, which could total up to $45 million.