Archive for October, 2005

Merck Defense Team Rests Case in Vioxx Lawsuit

Atlantic City, New Jersey -- The defense attorneys representing Merck & Co. rested their case Thursday after presenting a final expert witness.

Officials Expect New Home Development Project to Trigger Lawsuits

Officials at the Port of Oakland are expecting many lawsuits to be filed as a result of a developer's plans to build 100 homes in the flight path of planes traveling in and out of Oakland International Airport.

Oklahoma Drug Dealer Receives 10-Year Suspended Sentence

Elderly man, who claimed he used drug money to pay for his wife's cancer treatments and medical bills, was sentenced to 10 years suspension.

Wyeth wins diet drug trial in Philadelphia

The jury in the Philadelphia Court of Common Pleas found in favor of drug company Wyeth in three different cases today. The plaintiffs in the case alleged Wyeth diet drug Pondimin caused heart valve damage.

Nursing Home Reaches Settlement in Wrongful Death Case

A nursing home in Plainview, Texas has agreed to a $700,000 settlement with the family of a resident of the facility who choked to death.

$3.2 million Awarded to Woman in Hospital Malpractice Case

An elderly woman in Alsip, Illinois who suffered kidney damage after being administered medication for too long was awarded $3.2 million in a malpractice lawsuit.

'Natural' Asbestos Exposure Increases Risk of Developing Malignant Mesothelioma

Researchers have discovered that Californians who live near naturally occurring sources of asbestos are at a higher risk of developing malignant mesothelioma.

Former Alaska Airline Employee Settles Wrongful Termination Lawsuit

A former Alaska Airlines supervisor has settled a lawsuit against the carrier for wrongful termination.

Injured Woman Settles with Munster for $50,000

Illiana, Illinois -- A woman permanently injured when an object propelled by a lawnmower hit her in the head has settled with the Town Council of Munster for $50,000.

Family Wins Multi-Million Dollar Verdict In Lawsuit Against Hospital

A jury in Hidalgo County, Texas, awarded $28.3 million to a couple whose child suffered paralysis after being delivered at a local hospital.

Inmate's family drops Taser suit

INDIANAPOLIS -- The family of a man killed after being shocked with a stun gun has dropped its lawsuit against Taser International.

25-Year Sentence for Drug-Related Ax Murder

Man sentenced to 25 years for murder in botched drug transaction.

Teen driver sued by Washington family over death of son in car crash

A Washington family that lost a son in a car crash has filed a lawsuit against the teen-aged driver who hit the man's car as it was parked alongside the road.

Family of Injured Football Player File $4 Million Claim

Lincoln, Nebraska - The parents of Brady Beran have filed a $4 million personal injury claim against Lincoln Public Schools for a brain injury Brady sustained during a Lincoln East High School football game.

Judge Allows Class-Action Suit Against Dow Chemical

About 2,000 people who live near the Tittabawassee River in Michigan are allowed to jointly sue Dow Chemical Co. for damages related to dioxin contamination in the area.

Nursing Home Employee Charged With Elder Abuse

A nurse's aide who was employed at a continuing care facility in Cynthiana, Kentucky was recently charged with two felony counts of abusing residents at the home.

Foreman sues Bay Bridge builders

SAN FRANCISCO -- A Bay Bridge foreman who was an FBI informant in an investigation into concealed bad bridge welds has filed whistle-blower suit against the construction company.

Congress votes to shield gun industry

WASHINGTON -- On Thursday, congress passed a bill protecting the firearms industry from lawsuits by victims of crime. President Bush said he plans to sign it.

Injured Charter Bus Crash Victim Files Lawsuit

A seriously injured victim of a bus crash that killed 4 and injured 19 has filed a civil lawsuit claiming gross negligence as the cause of the charter bus/tractor-trailer collision.

Drug Dealer Sentenced to Over 17 Years Without Bail

Man sentenced to 215 months in prison without parole for cocaine possession and distribution.

Sierra Chemical Reaches Settlement with Nevada -- Civil Suits Pending

Sierra Chemical Co, a mining explosives manufacturer, has reached a settlement with the state of Nevada over a fatal explosion that occurred in 1998, which killed 4 workers and injured 6.

Arkansas trucking firm sued for second fatal Nashville crash in two years

The second wrongful death lawsuit in two years was filed yesterday against an Arkansas trucking firm over the company's second fatal Nashville, Tenn., crash in that time.

Illinois man charged with causing fatal accident sued by survivor, victim's mother

An Illinois man who faces criminal charges in a fatal one-car crash is being sued by a passenger who survived the incident and the mother of a passenger who did not.

Drug Dealer and Murderer Executed By Lethal Injection in Ohio

Cocaine dealer who murdered four drug rivals was put to death in Ohio.

Jury awards $17.5 million in lawsuit over fatal Chicago police pursuit crash

A Cook County jury Monday ordered the city of Chicago to pay $17.5 million in damages to a man whose pregnant wife and unborn child were killed in 2003 by a suspect fleeing police pursuit.

Parents sue in gun accident death of their daughter

VISALIA, Calif. -- The family of a 7-year-old girl who died of an accidental gunshot from a playmate have filed suit against the sheriff's deputy who owned the gun and the county.

Family of Woman who Died Following C-Section Awarded Malpractice Verdict

A jury in Riverhead, New York awarded $13.1 million to the family of a woman who died after undergoing a C-Section delivery at a hospital in Smithtown.

Mother Tries to Change HMO Law

A mother whose daughter died of cancer after being misdiagnosed by several doctors is trying to change the law to require HMOs to report all negligent doctors to the state.

Lawsuit Filed by Parents of Brain-Damaged Girl Settled

Indiana - A settlement was reached with Toyota and Church Brothers Collision Repair in the lawsuit filed by the parents of Olivia Bailey, 3, who sustained brain injuries resulting from a defective automatic window accident.

Ohio trucking company settles lawsuit over city worker killed by drunk driver

An Ohio trucking company will pay $3.25 million to settle a wrongful death lawsuit over a city worker killed when the drunken driver of an overloaded dump truck knocked him out of a lift bucket.

Priority in Adoption -- Biology or Time

The 5th District Court of Appeals in Daytona Beach, Florida will decide if a child's bond to his or her caretakers or biological ties to relatives should determine who has priority in custody and adoption matters.

Death of Patient Prompts Lawsuit Against Nursing Home

A nursing home in Aurora, Denver faces a wrongful death lawsuit from the sons of an elderly patient who died after allegedly receiving nearly no food or drink for nine days.

New Study Shows Promise for Early Detection of Mesothelioma

In a recent study, researchers have discovered a molecule that may give way to a new blood test to detect early stages of pleural mesothelioma, a cancer caused by asbestos.

Minnesota Makes It Easier For Foster Parents To Adopt

Minnesota is launching an experimental program that will hopefully increase the number of foster children who are adopted by continuing to make adequate financial aid available to foster parents after the adoption is finalized.

Tennessee school district sued over troubled teen's fatal fall from bus window

The guardians of an emotionally troubled teenager who climbed out a school bus window and was fatally injured are suing a Tennessee school district, claiming it failed to meet the victim's special needs.

Bar, fiancé named in Arkansas car crash wrongful death lawsuit

The mother of a woman killed in a 2002 single-car crash has filed a wrongful death lawsuit against the victim's fiancé, who drove the car, and the bar where he drank before the crash.

Taser lawsuit not filed soon enough

SCOTTSDALE, Ariz. -- According to Taser International, an Arizona court Thursday dismissed a lawsuit against the company on the grounds that it was filed too late.

FDA warns pregnant woman away from Paxil, citing birth defect risk

Shortly after Paxil was connected to higher suicide rates in certain people, the antidepressant has now been linked to a higher-than-normal risk of birth defects when used by pregnant women.

Connecticut Investigates Health Insurance Companies

The state of Connecticut is looking into health insurance companies to find out if they are illegally collecting money for reimbursement of care from members who have received personal injury awards in court.

Man drowns after being stunned by police Taser

YAKIMA, Wash. -- Police jolted a mentally disturbed man after he scuffled with officers taking him into custody. The man then leapt into a lake and drowned, police said.

Signature Gatherers for Anti-Gay Marriage Petition Accused of Fraud

Signature gatherers for a petition supporting a ballot initiative that would reverse the same sex marriage law in Massachusetts have been accused of duping voters into signing a petition.

Michigan Road Worker Files Lawsuit Against Contractors for Crash Injuries

Bill Hattan has filed a lawsuit against C.A. Hull and NES Work Safe for severe injuries he sustained when a car hit him and a co-worker as they worked along the shoulder of I-95.

Malpractice Suit Filed Against Dentist, Center of Organ Harvest Investigation

A Manhattan oral surgeon stands accused of injuring a patient during surgery while being dependent on drugs. The dentist is also the center of an investigation concerning the illegal sale of human body parts.

Mandatory Life Sentence for Drug Dealer's Murder

Man from Baton Rouge, Louisiana was sentenced to life in prison for the murder of a drug dealer.

Construction accident suit settled for $1.65 million

LOCKPORT, NY -- A man who was permanently disabled in a construction accident at Roswell Park Cancer Institute agreed to settle his case out of court for $1.65 million, his attorney said.

Man Sues Surgical Team for Removing the Wrong Testicle

A Utah man has filed a medical malpractice lawsuit against a team of doctors at St. Mark's Hospital for allegedly removing the wrong testicle during a surgical mix-up that occurred in 2003.

Northwest Airlines Reaches Possible Settlement Agreement with American Express

Allan Gropper, an attorney for Northwest Airlines, has told a U.S. bankruptcy judge that the airline has reached a possible settlement agreement in their lawsuit against American Express Company.

Controversial Child Support Recovery Method Proves To Be Highly Effective

After running an newspaper add that named parents who are wanted for delinquent child support payments, the Jefferson County, Kentucky attorney's office has located hundred of missing parents and recovered thousands of dollars in late child support.

Harriet Meirs Supported Asbestos Lawsuit Reform

White House counsel and U.S. Supreme Court nominee Harriet Meirs has, on several occasions, been a strong advocate for legal reform policies including restrictions on asbestos injury lawsuits.

Lawsuit Forthcoming for Brutal Killing by Escaped Inmates

A pending lawsuit alleges that Covington County employees negligently allowed the escape of two inmates who viciously murdered Dennis Courtney, 56, after breaking out of Covington County Jail in March.

Humana HMO Pays $40 million settlement

Humana, Inc., an HMO, pays both active and retired doctors with a $40 million settlement.

Some Brazilian diet pills found to contain illegal substances

Some varieties of Brazilian diet pills, a popular over-the-counter diet drug system, have been found to contain dangerous controlled substances.

Oregon Doctor Cleared in Diaper Rash Lawsuit

A doctor who prescribed the steroid cream Lotrisone to treat a baby's diaper rash has been cleared of wrongdoing by an Oregon jury.

Lawsuits filed over death, injury in S. Carolina Highway Patrol chase crash

Two lawsuits were filed in South Carolina last week over a 2004 Highway Patrol chase that caused the death of one woman and serious injury to another as troopers pursued a drunk driver.

Skin Guru Wins Sole Custody of Daughter

After fighting one of the most expensive custody battles in the history of Connecticut's family court, Nicholas Perricone, best-selling author and cosmetic industry giant, was finally awarded sole custody of his seven year old daughter.

Deputy's widow sues pawn shop who sold gun to husband's killer

RALEIGH, N.C. -- The widow of a Wake County sheriff's deputy killed last year on Monday filed a suit against the pawn shop that allegedly sold the weapon used in the crime.

MidAtlantic Airways Pilots Sue

Claiming they were led to believe that their employer, MidAtlantic Airways, was a separate, lower paying company, more than 230 pilots are suing US Airways, America West, Republic Airlines and their union for $400 million.

Probation Officer Sues for Law Enforcement Disability

PEKIN, Ill. -- A probation officer is suing the state of Illinois, demanding that she receive the same comprehensive benefits offered to police and firefighters who are injured and can't work.

Gas Explosion in Missouri Pork Processing Plant Kills 1

A natural gas explosion in a St. Joseph, Missouri Triumph Foods' pork processing plant killed one and injured fourteen others, days before production was to begin.

Health-risks linked to ephedra-free diet supplements

Research performed at the University of California, San Francisco discovered that two ephedra-free diet supplements, Advantra Z and Xenadrine EFX, posed health risks similar to ephedra-based supplements.

Leader of Drug Ring Sentenced to 20 Years

Man receives 20-year sentence for running drug ring in Baltimore.

Cause of death announced in Nashville Taser death case

NASHVILLE -- Officials announced Friday that the investigation into the Sept. 24 death of Patrick Lee has concluded.

Nova Scotia to Sue Tobacco Companies

HALIFAX, Canada -- Nova Scotia's government is preparing to sue tobacco companies to recover smokers' health care costs.

Elderly Woman Admits Guilt as Drug Dealer

79-year-old woman admits she sold drugs and receives probation.

Ford settles Texas fatal crash lawsuit day after trial begins

The day after a Texas civil trial in the case began, Ford Motor Co. agreed last week to settle a wrongful death suit with the families of two teens killed in a 2002 Ford Explorer rollover,

Woman Hit by Tractor Trailer Awarded $2 Million

Connecticut woman, Kelly Allison, was awarded $2 million in damages for the severe injuries she sustained when her minivan was hit by a Peterbilt tractor-trailer truck.

Couple Sues Doctor Involved in Massive Hepatitis C Outbreak

A husband and wife from Fremont, Nebraska have asked a jury to hold a doctor and nurse from the Fremont Cancer Center liable for their role in a Hepatitis C outbreak that occurred in 2000.

Investigation into Taser death begins

FORT MYERS, Fla. -- Investigations by the State Attorney's Office and the Fort Myers Police Department into the death of a man stunned by a police Taser.

Slain Firefighter's Family Can't Sue City

LEXINGTON, Kentucky -- A judge has ruled that city employees can't be sued for the death of firefighter Brenda Cowan, despite their failure to warn her that she was arriving at the scene of a shooting.

Woman Awarded $200,000 in Medical Malpractice Lawsuit

A Superior Court jury in Cochise County, Arizona awarded $200,000 to a woman after finding that she was forced to undergo various surgeries following a botched procedure performed by a Douglas surgeon.

18 Year Old Sues Parents for Child Support

A New York teenager who recently turned 18 years old is suing her parents for child support even though she no longer resides in her parents' home.

Judge appoints receiver for Connecticut truck company in fatal crash lawsuit

A Connecticut judge who froze the assets of a truck company being sued over a fatal crash has appointed a receiver to run the company and threatened the owner with contempt charges for missing a hearing.

Georgia Man Charged in Charter Jet Joy Ride

Daniel Andrew Wolcott of Buford, Ga. has been charged with stealing a $7 million Cessna Citation VII from a St. Augustine, Fla. airport.

Husband of drowned kayaker sues construction firm over dam grate

BANGOR, Mne. -- The husband of a woman who drowned two years ago after being pinned to a grate in an open dam at the mouth of Sebasticook Lake has filed a lawsuit against the firm that designed and installed the grate.

Man Convicted for Girlfriend's Fatal Overdose

Man who provided his girlfriend with the drugs that resulted in her overdose convicted of negligent homicide and drug possession with intent to distribute.