Archive for September, 2005

Accusations of Judicial Misconduct In Marin County

Accusations of favoritism and corruption directed at the Marin Supreme Court are resurfacing after five years. Child advocates claim the cronyism exhibited by judges has forced many children to live with abusive parents.

Florida Ruling Favors Medical Malpractice Plaintiffs

A Florida Circuit Court has ruled that a law designed to implement a statewide "patient right to know" ballot initiative is unconstitutional because it limits who may obtain hospital records dealing with medical errors.

Prison Guards Charged with the Death of Female Prisoner

Four Tenesee prison guards have been charged with the death of prisoner Estelle Richardson. Richardson was found dead as a result of traumatic head and bodily injuries after a night in solitary confinement.

Washington Man Indicted for Sinking Squid Boat

Ahmet Artuner of Ferndale, Washington was indicted by a federal grand jury in Los Angeles for deliberately sinking his 73-foot fishing boat.

Judge Clears School of Liability in Student's Off-Campus Death

CAMDEN, N.J. -- A judge dismissed a wrongful death lawsuit that alleged school and state welfare agencies failed to supervise a notoriously truant student who died off campus.

Doctor Sued Over Prescription of Painkillers

A woman in Wichita, Kansas has filed a medical malpractice lawsuit against a doctor who she claims prescribed her powerful pain medications without explaining the dangers posed by the drugs.

Plaintiff Testifies in New Jersey Vioxx Trial

Atlantic City, NJ -- Frederick "Mike" Humeston, a decorated Vietnam War veteran, took the stand Wednesday to testify against Merck & Co. in his lawsuit against the Vioxx manufacturer.

Connecticut Supreme Court May Open The Door For Protracted Divorce Litigation

A recent ruling by the Connecticut Supreme Court amended a divorce decree to include assets that one spouse acquired after the decree had been issued. Legal experts fear this may prolong divorce litigation by indefinitely extending the period for post-judgment challenges.

Family Files Lawsuit Against Ameren I-P for Fatal Gas Explosion

The O'Halleren family of Abingdon, Illinois has filed a wrongful death lawsuit against Ameren I-P for a natural gas explosion that destroyed their home and killed their infant son Tanner.

Boat Manufacturer Reaches Settlement in Drowning Accident

An Eau Claire, Wisconsin woman has agreed to settle out of court with boat manufacturer Alumacraft in the 2002 drowning accident that took the life of her husband, John Fletty.

Mother sues over Taser death

SAN FRANCISCO -- The mother of a man who died after being Tasered by Vallejo police has filed a $30 million lawsuit against the city of Vallejo.

Civil suit likely despite fed's refusal to prosecute

GWINNETT COUNTY, Georg. -- The family of a Gwinnett inmate plan to file a civil lawsuit, despite federal authorities refusal to press criminal charges in his Taser-related death, attorneys said Wednesday.

Taser says Nashville offers were warned before man's death

Taser International said it sent a warning that might have prevented the death of a Nashville man who died last week after being Tasered by officers several times during a scuffle.

Judge freezes assets of Connecticut trucking company in lawsuit over fatal crash

The assets of a Connecticut trucking company being sued over a fatal crash were frozen by a Superior Court judge this week amid concerns the company was selling its trucks.

Insurers Sued for Not Covering Homes Flooded by Katrina

Mississippi's top prosecutor is suing insurance companies that won't pay for flood damage to thousands of homes hit during Hurricane Katrina.

Pfizer sued for misleading Lipitor advertising

Consumer groups filed a nationwide, class-action lawsuit against Pfizer Inc. on Wednesday over misleading ads for the cholesterol drug Lipitor. The suit, filed in the U.S. District Court in Boston, came a day after the Food and Drug Administration (FDA) approved marketing Lipitor to different patient populations.

Man Sentenced to 18 Years On Drug Charges

A man receives 18-year sentence for manufacturing methamphetamine in a lab that he insists was not his.

Hospital Agrees to Settle Lawsuit for 11 Million

After just four days of explosive testimony before a jury, Mercy Hospital of Wilkes-Barre, Pennsylvania agreed Tuesday to pay 11 million dollars to the parents of a young boy who died of complications from a bowel obstruction.

Family Sues Over Fatal School Bus/Pedestrian Collision

Freeport, Illinois - The family of Susan Filitz has filed a wrongful death lawsuit against Freeport School District 145 and the school bus driver responsible for hitting and killing Filitz in January.

Settlements Approved between HMOs and Doctors

Settlements for two health care companies have been approved in a massive class action lawsuit between doctors across the country and ten of the nation's largest HMOs.

Colorado Treasurer Calls 1998 Tobacco Settlement Unconstitutional

DENVER -- Treasurer Mark Hillman has stirred up controversy in Colorado government after questioning the legality of a 1998 settlement between tobacco companies and 46 state governments.

Investigation Into Submarine Collision Continues

The investigation surrounding the collision between the Groton-based USS Philadelphia and a Turkish freighter in the Persian Gulf earlier this month continues.

Oregon firefighters' employer accused of alcohol related death

A wrongful death lawsuit filed this week by the families of two Oregon firefighters killed in the crash of a company van two years ago blames the men's employer for allowing alcohol on the job.

Elderly Woman Awarded $8 million In Case Involving Nursing Home

A judge awarded $8 million to a nursing home resident who allegedly was subject to such severe neglect that she had to undergo the amputation of both her left arm and left leg.

Southwest and American Airlines Battle Over Wright Amendment

Southwest Airlines, American Airlines and Dallas-Fort Worth International Airport continue to dispute a 26-year-old federal law known as the Wright Amendment, which limits Southwest's operations out of Love Field in Dallas.

Hospital Won't Challenge 5.7 Million Dollar Verdict Awarded to Paralyzed Man

St. Luke's Medical Center in Meridian, Idaho has agreed to pay out a 5.7 million dollar verdict awarded to a paralyzed man who fell from a hospital gurney and broke his neck in 2003.

N.Y. bar settles lawsuit for serving alcohol to man who died in crash

A bar in Hampton, N.Y., settled a lawsuit last week that claimed it knowingly served alcohol to an already drunk man who later died when he crashed his pickup into a tree in nearby Sudbury, Vt.

Wrongful Death Suit Against Fight Promoter Dropped

Boise, Idaho - The mother of boxer Art Liggin, 40, attempted to sue the promoter of the "Toughman" boxing contest for the wrongful death of her son.

Pa. city settles with parents of woman injured in crash with police car

City officials in Erie, Pa., have agreed to a $600,000 settlement with the parents of a woman left brain damaged in a collision with a police officer with a record of speeding.

Radio Station Remains a Defendant in Club Fire Civil Suit

WHJY, a radio station out of Providence, Rhode Island will remain a defendant in civil suit filed by victims' families and survivors of a tragic 2003 nightclub fire.

Psychiatrist Sued Over Failed Diagnosis

A psychiatrist in Manchester, New Hampshire is facing a lawsuit from a former patient who claims that the doctor did not diagnose him with the depression that allegedly led to the loss of his job.

LAPD sued by family of baby killed in shootout

LOS ANGELES, Calif. -- The family of a toddler shot by police during a shootout with the child's father has filed suit against the city and the police department, according to their attorney.

LA County pays $425,000 to settle claim of woman hit by sheriff's car

Los Angeles County supervisors have agreed to pay $425,000 to a woman hit by a sheriff's patrol car as she crossed a highway in a high desert community about 75 miles north of downtown Los Angeles.

Arizona family sues rancher, county over fatal car collision with loose horses

An Arizona family filed a wrongful death lawsuit this week against Maricopa County and a rancher over the death of a woman who collided with two horses in a designated open range area.

Police Officer Injured on Horseback Sues NYC

NEW YORK -- A veteran police officer is suing the city for injuries sustained when his horse tripped and fell on him during last summer's Republican National Convention.

Nine-Year Sentence for Drug Dealer

Man sentenced to nine years in prision for drug possession with the intent to distribute.

Lawsuit Links Medical Oversights to Patient's Death

Earlier this month, a judge unsealed a medical malpractice lawsuit filed by the widow of a patient who died from multiple pulmonary embolisms at Penobscot Bay Medical Center in September of 1999.

Man dies after Taser stun in Sacramento

SACRAMENTO, Calif. -- A Sacramento area man died after being shocked by sheriff's deputies -- the fourth Taser-related death in the area since June.

Utah family blames paintball in lawsuit over ATV accident that claimed son

A Utah couple whose son died in a 2003 ATV accident is blaming a paintball fired into his eye by a friend in 2001, and is suing the friend's family.

Puget Sound Energy Could Pay $90,000 Fine in Explosion Case

Washington utility regulators have suggested a $90,000 fine be paid by Puget Sound Energy to settle a lawsuit filed after a natural gas explosion killed Frances Schmitz, 68, last year.

San Francisco Woman Suing PG&E for Burn Injuries

Lisa Nash, 47, is suing Pacific Gas and Electric for severe burn injuries she sustained after an underground transformer exploded beneath her.

Missouri Woman Awarded $326,000 in Medical Malpractice Trial

A jury in Jasper County found in favor of a woman who was allegedly subject to substandard medical care at a hospital where she was taken and treated for appendicitis.

Tiger Woods Scores a Victory Against Yacht Manufacturer

In a victory for golfer Tiger Woods, a Miami federal court has ruled that the lawsuit he filed against Christensen Shipyards Ltd. will continue to a U.S. District Court and the order prohibiting Christensen from using Wood's name and pictures of his boat would remain in effect.

Police Sued Over Taser Gun Death at Jail

ATLANTA -- The family of a man who died at Gwinnett jail has filed a federal lawsuit against the local sheriff's department.

Man Sentenced to 10 Years on Drug and Weapons Charges

Man sentenced to 10 years in prison with four years supervised release after pleading guilty to drug and weapons charges.

Lawsuit Brought Against Nursing Home Following Death of Patient

An attorney filed a lawsuit against a nursing home in Milford, Connecticut alleging that it failed to properly care for a female resident who suffered from constipation. The suit claims the patient consequently died.

NC Court Considers One Trial for Tobacco Lawsuits

The North Carolina Supreme Court will decide if 1,100 lawsuits against cigarette makers should be tried as individual cases or consolidated into one class-action trial.

Taser caused inmate's death, according to autopsy

Lancaster, SC -- The July death of a 29-year-old Lancaster County Detention Center inmate has been attributed to a shock from a Taser stun gun.

Minnesota Modifies Child Support System

For the first time in more than 20 years, Minnesota lawmakers voted to amend the state's child support system. Both parents' income will now be taken into consideration when determining appropriate child support payments.

Man Gets Life Sentence for Drug Trafficking

A Rhode Island man receives life sentence on drug trafficking charges.

Woman Sentenced to Seven Years on Drug Charges

Idaho woman receives seven-year prison sentence for a drug offense as well as being in possession of an illegal firearm.

Lawsuit Accuses Lowe's of Withholding Overtime Pay

A federal judge has allowed about 75,000 workers of Lowe's Home Centers to file a class-action lawsuit against the home improvement store chain.

Qui Tam Lawsuit Yields $4.4 Million Settlement, Whistleblower Award

A whistleblower who filed a qui tam lawsuit against Weill Cornell Medical School on behalf of the National Health Institute will receive $877,000 for alerting authorities to fund misuse.

Whistleblowers Receive $712,500 of Office Depot Settlement

The United States will receive a $4.75 million settlement from Office Depot to resolve allegations that the company sold products made in countries not authorized under the Trade Agreements Acts.

Former Merck Chief Scientist Feared Vioxx Side Effects

Atlantic City, NJ -- The former president of Merck Research Laboratories revealed concerns he had regarding the safety of Vioxx in a previously recorded deposition played in court yesterday.

Two Air Service Owners Indicted in Michael Jackson Taping

Jeffrey Borer, owner of XtraJet and Arvel Jett Reeves, owner of Executive Aviation Logistics, were indicted on federal charges of secretly recording entertainer Michael Jackson two years ago.

Driver killed own gun during traffic accident

PRINEVILLE, Oreg. -- A driver was killed during a minor traffic accident when his loaded rifle fell from a gun rack and discharged.

Colorado senator's campaign pays $45,000 to migrant laborer hurt in car crash

Election officials have discovered that U.S. Senator Ken Salazar's campaign committee paid a $45,000 settlement to a Mexican laborer who suffered multiple leg fractures in a Colorado car crash with a Salazar campaign worker.

Wal-Mart Sued for Denying Lunch Breaks

OAKLAND, Calif. -- Worker rights attorneys delivered their opening statement against Wal-Mart Stores Inc., telling jurors that the retail giant owes employees more than $60 million in back pay for denying them lunch breaks.

Lawsuit against trucking company over fatal crash at Nebraska Burger King settled

An out-of-court settlement was reached this week between the children of a Nebraska woman killed when a dump truck smashed into her car in the drive-through lane of a Burger King and the truck's manufacturer.

Suit Filed Against Nursing Home on Behalf of Ailing Woman

A lawsuit was filed in U.S. district court alleging that a nursing home in Elkhorn, Nebraska allowed one of it's elderly female residents to develop an infection from lying in her own feces.

Woman Sues Hospital After Contracting Infection

A woman who underwent treatment at the University of Maryland Medical Center has filed a lawsuit claiming the hospital was negligent in failing to contain an outbreak of Acinetobacter bacteria which spread to her and 16 others.

Glaxo Agrees to Settlement Resulting from Whistleblower Lawsuit

GlaxoSmithKline has agreed to a $150 million settlement to resolve claims the company inflated the price of two of its medications for the Medicare and Medicaid programs.

Jury Clears Doctors Implicated in Death of Patient

Two doctors named in a medical malpractice lawsuit following the death of an Auburn, New York resident were cleared of all negligence charges in a verdict handed down Monday.

Former Tyco Executives Receive Prison Time and Fines

Two former Tyco executives convicted of securities fraud and other charges were sentenced to up to 25 years in prison and combined damages of $239 million.

Atlanta family files suit in Taser death

ATLANTA -- The family of a man who died after repeated Taser shocks at the Gwinnett jail has filed a federal lawsuit against members of the sheriff's department.

Student Suing Police Over Head Injury Arrested Again

University of Albany student currently involved in a personal injury lawsuit against police was arrested for assaulting both a police officer and a civilian.

Medical Expert Says Short-Term Vioxx Use Could Cause Heart Attack

Atlantic City, New Jersey -- A witness for the plaintiff in the case Humeston v. Merck & Co. testified Monday, contending that even one dose of Vioxx could be enough to trigger a heart attack

Twice-Convicted Drug Dealer Sentenced to 20 Years

Indiana drug dealer receives a 20-year sentence after being convicted of dealing both cocaine and methamphetamine.

Norovirus Suspected in Grand Canyon River Tour Sickness

Authorities continue to investigate the mysterious illness that has sickened close to 100 passengers over the past month on Colorado River tour boats.

Attorney Outlines Case Against Physicians Accused of Medical Malpractice

Opening arguments were held yesterday in the medical malpractice trial of several Pennsylvania doctors accused of contributing to the death of a four-year-old boy, who died from cardiac arrest.

Chicago hospital judged not liable for serious injury accident involving doctor

The Illinois Appellate Court this week upheld a lower court decision absolving a Chicago hospital of responsibility for a 1997 serious injury car accident caused by one of its doctors who fell asleep while driving.

FDA Announces Urgent Drug Recall

The drug, a solution used during heart-bypass surgeries, is contaminated with Gram-negative rod, a type of bacteria. The problem has already been linked to one death and two serious illnesses.

New Initiative Helps Fathers Gain Custody of Children

With help from the Fathers Collaborative, a Pittsburgh father and his estranged wife now share custody of the son he has rarely seen over the past year.

Former owners of weight-loss clinic illegally import Fen-Phen component

Two former owners of a weight-loss clinic admitted to a U.S. District Court in Kansas City that they had illegally imported some 22 pounds of fenfluramine, a substance used in the diet drug Fen-Phen.