Archive for 2006

Children of Truck Crash Victims File Lawsuit

Nearly three weeks after the Dec. 9 collision with a tractor-trailor that took Joann Young’s life, her husband, Ross Young, remains in serious condition at Kindred Hospital in Fort Worth, Texas.

Plume of Groundwater Contamination Menaces Dayton Neighborhood

A neighborhood near the Behr Dayton Thermal Products plant in Dayton, Ohio is being threatened by groundwater contaminated with trichloroethylene (TCE), the Ohio Environmental Protection Agency reported last week.

Texas Judge Upholds Vioxx Decision, Reduces Award

A Vioxx-litigation plaintiff received good and bad news recently as a Texas court upheld a previous ruling that found the company liable for her husband’s death, though it reduced the reward according to state law.

$2 Million Pollution Lawsuit Headed for Court in Maryland

A hearing has been set for a chemical exposure lawsuit against Maryland’s State Highway Administration (SHA) and a handful of local businesses. Filed last June, the suit seeks $2 million in damages.

Health, Safety Violations Cost Ohio Foundry $253K in OSHA Fines

In the aftermath of inspections begun in June of 2006, St. Marys Foundry Inc., in St. Marys, Ohio, has racked up $253,000 in proposed penalties from the Occupational Safety and Health Administration (OSHA).

Failed Scam Lands IT Worker in Prison

Former UBS Paine Webber systems administrator Roger Durino was sentenced to 97 months in prison after being found guilty of securities and computer fraud.

Jury Finds ‘Hockey Dad’ Guilty of Securities Fraud

A man who defrauded investors of more than $1.2 million and used some of the money to support a youth hockey team has been found guilty of wire, mail, and securities fraud.

King County (Seattle, Washington) DoT Agrees to $3 Million Settlement for Brain-Injured Driver

A county dump truck/loader parked in a dangerous location without a flagman obstructed the view of a driver who entered the roadway, hitting the oncoming car driven by Francis Rader, causing her severe brain damage.

Settlement Reached in 11-Year Toxic Landfill Dispute

The Port Gamble S’Klallam Tribe agreed this month to a $2.75 million settlement from Kitsap County and Waste Management of Washington Inc. following an 11-year dispute over a toxic landfill.

Judge Delays Statute of Limitations in Class-Action Suit against Wood Treatment Plant

A federal judge issued a decision in mid-December to delay or “toll” the statute of limitations for wrongful death in a class-action suit against a wood treatment plant in Texarcana, Texas.

Harvard Study Strengthens Link between Parkinson’s and Pesticides

Research at the Harvard School of Public Health showed that individuals exposed to pesticides were 70 percent more likely to develop Parkinson’s disease than those not exposed to pesticides.

Defrauded Gemstar Investors to be Repaid

The Securities and Exchange Commission will soon begin to distribute $83 million to stockholders of Gemstar-TV Guide International Inc.

Alabama Attorney Arrested for Fraud

Christopher Croft, of Rainsville, Alabama, was arrested and charged with 54 counts of the sale of unregistered securities, two counts of securities fraud, and one count of selling securities without a license.

DaimlerChrysler Hires Outside Monitor in Bribery Investigation

Louis Freeh, former FBI Director, has just been hired by DaimlerChrysler to serve as an external monitor during an investigation into claims of bribery.

Texas Nursing Homes Being Sued for Negligence in Sexual Misconduct Case

Four East Texas nursing home operators are being sued for neglecting to run background checks and report the sexual misconduct of a nursing assistant who raped a brain-damaged female resident.

IRS to Reward Whistleblowers

The IRS recently announced that whistleblowers who turn in tax cheaters are now eligible to receive up to 30% of what the IRS recovers.

Ohio Man Sentenced to 19 Years for Fraud

Carl G. Fanaro must also pay $713,000 in restitution to victims and $42,000 in fines and court costs after being convicted on numerous counts.

Parents Sue Auto Dealership over Son's Death

The parents of a Wildwood, Florida, teenager who died in a motorcycle accident have filed a lawsuit against the auto dealership that owned an SUV involved in the collision.

Kraft Foods Avoids Lawsuits Alleging Benzene-Tainted Drinks

Four lawsuits against Kraft Foods alleging dangerous levels of benzene in some of its soft drinks have been dismissed because the food maker reported that it reformulated the products in question.

Tucson Mom Sentenced to Three Years in Deadly DUI Wreck

A 29-year old mother has been sentenced to three years in prison after a DUI crash that killed her 7-year-old son.

$6.2 Million Award for Brain-Injured Man with Sex Addiction

A British judge awarded the sum to Stephen Tame, who fell from a gantry while working for his employer in early 2002. Tame's brain injury from the fall was alleged to have caused an addiction to sex, among other problems.

Auto Accident Lawsuits Filed against Drunk Driver and Father

Four lawsuits were filed in Virginia for each member of the Barrick family injured when Corey Peters’ pickup truck struck their minivan Nov. 5, 2006. The family is suing for a total of $18.2 million.

Bill Linked to Ephedra Passes House and Senate

A bill sponsored by Utah Senator Orrin Hatch that will require manufacturers of dietary supplements to report adverse reactions to their products has cleared the House and Senate and now awaits President Bush's signature.

Jury Awards $14.9 Million to Family of Man Killed in Gas Well Accident

John Stapleton backed his vehicle into a natural gas wellhead in an off-road area north of Farmington, New Mexico in the summer of 2002. The resulting explosion fatally burned him and another man.

Toxic-Mold Suit to Yield $495,000 in Workers’ Compensation Payouts

Nearly 100 current and former staff members at Volusia County Branch Jail in Texas are poised to share in a $495,000 in workers’ compensation settlement after allegedly becoming ill from toxic mold at the jail.

Pit Bull Attacks Girl in Palm Harbor, Florida

Kristen Dub, 16, was treated for several bite wounds to her arms, legs, and lower back after she was attacked Dec. 10 by a 50-pound pit bull mix living in her neighborhood.

DuPont Rebuffs Efforts to Learn Results of Teflon-Chemical Study

To the frustration of United Steelworkers, other unions, and a court-appointed science panel, DuPont is refusing to release data it says will prove that a chemical used in the Teflon-manufacturing process is safe for workers.

Ohio Arrests 82 Child Support Offenders

Ohio authorities, in an effort to crack down on parents who owe child support, rounded up 82 people last week. The parents, one owing more than $46,000 and three others owing more than $40,000, collectively owe nearly $1.5 million in back child support to 136 children. The patents have all have avoided court dates.

New Jersey to Make Divorce Easier

The New Jersey State Assembly passed a bill Monday that would make it easier for couples to become divorced. The bill would allow couples to dissolve their marriages, citing “irreconcilable differences,” after six months. This no-fault divorce bill passed 61 votes to just 15.

“Covenant Marriages” in Texas?

Texas State Republican Bill Zedler introduced a bill calling for existing marriages in the state to be converted to “covenant marriages.” If successful, covenant marriages, which recognize marriages as a social and moral relationship rather than just a legal one, would make it much more difficult for couples to divorce.

Police Chief Seeks Destruction of Dangerous Dog

Dauphin Island, Alabama, Police Chief George Goodwin stated that his department will seek the destruction of a pit bull that, along with a second dog, attacked an area resident as he stood in his yard.

NTSB Issues Recommendations after Crash of Comair Flight

The National Transportation Safety Board says pilots should be required to follow specific procedures to ensure their aircraft is departing from the correct runway.

Obstreticians Say Pregnant Women Should Avoid Paxil

The obstetric practice committee of the American College of Obstetricians and Gynecologists released a formal opinion saying that women who are pregnant or plan to become pregnant should not take the antidepressant Paxil.

Suicidal Thoughts, Behavior Associated with Antidepressants Decrease with Age

The conclusion of a recent study undertaken by the FDA indicates that age may be a key factor regarding the risk of suicidal thoughts and behavior in adults taking antidepressants.

Nicole Richie Nabbed for DUI after Erratic Freeway Driving

Reality TV star and socialite Nicole Richie was arrested early Monday after driving the wrong way on a Los Angeles freeway and failing a sobriety test.

Two Insurance Agents Issued Cease and Desist Orders in Louisiana

The Louisiana Department of Insurance has issued cease and desist orders to a Louisiana insurance agent and a Texas insurance agent for allegedly engaging in fraudulent practices.

$3 Million Awarded to Wife of Potter in Asbestos Case

A woman who claimed her husband died of a fatal disease caused by asbestos fibers in the materials he used for glazing his artwork has been awarded $3 million by a New Jersey jury.

Maker of Birth Control Patch Facing Numerous Lawsuits

An Elk Ridge, Maryland, woman is suing Ortho-McNeil Pharmaceutical Inc., claiming that her daughter died after using the company's birth control patch. The woman's attorney said Ortho-McNeil is facing approximately 800 claims over the patch nationwide.

Employment Discrimination Cases Abound

A study has found that federal employment discrimination cases are up 268 percent since the Civil Rights Act of 1991.

Suspected Benzene Fumes Cause Evacuation of Visalia Medical Building

Suspected benzene fumes emanating from the Visalia, California, sewer system shut down a downtown medical building on Dec. 5, leading investigators to speculate that illegal dumping of toxic substances had occurred.

Illinois Judge Charged with DUI

In Belleville, Illinois, a St. Clair County judge driving with his boss was charged with drunken driving after a weekend wreck that sent another motorist to the hospital.

Multimillion Dollar Settlement by Catholic Charities for Injuries, Fatality in Van Crash

Three injured passengers and the family of a passenger killed when the Catholic Charities' van they were riding in crashed in an August 2005 accident sued the Palm Beach diocese' charitable arm, and settled today for an undisclosed amount.

Former South Carolina Lieutenant Governor Violates Bail

Earle Morris, 78, violated the terms of his bond when he filed an application for a mortgage loan in November, 2005.

Richmond Man Pleads Guilty to $8.3 Million Fraud Schemes

James E. Brown, Jr., 22, pleaded guilty yesterday to charges of mail fraud and money laundering.

Man Sentenced to 6½ Years for DUI Fatality

In King County Superior Court, Negere Omari of Des Moines was sentenced to 78 months in prison for the vehicular homicide of 20-year-old Heather Lee Meadows while drunk.

$850,000 Awarded to Widow in Asbestos Case

A jury in McLean County, Illinois, recently awarded $850,000 to a woman whose husband died from cancer caused by asbestos exposure.

55-Year Sentence in Utah Drug Case Revives Mandatory Minimum Sentence Debate

By refusing to hear his case, the U.S. Supreme court has left Weldon Angelos few options, even as many people — including the judge who sentenced him — see the 55-year prison sentence as unjust.

Is Federal Deregulation Causing More Trucking Accidents?

As insurers and safety organizations ask for tighter regulations on the trucking industry, government officials turn down requests and slash existing regulations, arguing that fewer regulations will make the trucking industry safer.

Physician Facing Drug Charges Opts for Trial

Dr. David Hornick, a Schenectady, New York, area physician, has decided to put his fate in the hands of a jury, having rejected a plea deal that might have reduced his felony charges to a low-level misdemeanor.

Explosion Levels Warehouse, Kills 3, Injures 37 People in Milwaukee

On the morning of Wednesday, December 6 in an area near downtown Milwaukee, Wisconsin, an explosion ignited a fire at a Falk Corp. warehouse and was felt a mile and a half away.

Jury Awards $2.3 Million in Sexual Harassment Suit

Three saleswomen claimed they were subjected to a “hyper-sexualized” work environment, including being required to entertain clients at a local strip club operated by their company’s CEO.

British Study May Reveal Root of Adverse Vioxx Side Effects

Researchers have discovered a previously undiscovered effect of COX-2 inhibitors that may explain the apparent increased risk of heart attack and stroke in patients taking Vioxx and other similar medications.

Former Fen-Phen Users Blame Wyeth for Lung Disease

Wyeth is facing lawsuits filed by five women who claim the drug maker's Pondimin and Redux in a fen-phen diet drug combination caused a serious lung disease years after they stopped taking the drugs.

Former Aviation Company Employees File Whistleblower Suit

The former president and former chief inspector of Express.Net have filed a whistleblower suit containing more than 20 allegations of safety and TSA violations.

Pennsylvania Boy Left Severely Brain-Injured after Tonsillectomy Receives $6.2 Million Settlement

Jahmir Bates was 8 years old in August 2005, when a routine tonsillectomy left him blind and unable to speak, eat, or walk. Allentown’s Sacred Heart Hospital agreed to the settle the lawsuit that resulted and to implement safety measures to prevent similar accidents.

Home Depot Settles Child's Brain Injury Case for $2.7 Million

A jury found for the family of Matthew Walker-Masters, who was almost two years old when an unsecured, 450-pound fence at a Home Depot in London, England, fell on him in 1998, causing serious brain injuries.

Romanian Worker Brain-Injured at Pennsylvania Construction Site Gets $2.2 Million Settlement

Gheorghe Teglas, now 34, fell 15 feet from a mezzanine at a construction site in Upper Macungie, Pennsylvania, in March 2001. A Romanian citizen, Teglas had been working at the site as part of an exchange visitor training program.

DEA Investigates Illinois Dentist in Sedation Death Case

The Drug Enforcement Administration is investigating the dental practice of an Illinois dentist whose 5-year-old patient went into a coma and died after undergoing sedation for a routine dental procedure.

California Leukemia Victim Says Oil Companies' Benzene to Blame

An 18-year-old Santa Maria, California, man suffering from leukemia has filed a lawsuit seeking punitive damages and coverage of medical expenses from six major oil corporations he says exposed him and his neighbors to benzene fumes.

Undisclosed Settlement Reached in Wrongful Death Suit over Waco Pastor's Electrocution

In Oct. 2005, 33-year-old Reverend Kyle Lake was performing a baptism at University Baptist Church in Waco, Texas, when he was electrocuted as he grabbed a microphone while standing in water in the baptismal tank.

Former Tyco Company Exec Sentenced in Tax Fraud Case

On Wednesday, Raymond Scott Stevenson was sentenced to serve three years in prison for his failure to report more than $170 million of Tyco’s income to the IRS.

$25 Million Awarded in Asbestos Case

Alfred D’Ulisses, a former Brooklyn factory worker, has been awarded $25 million by a Manhattan jury for injuries caused by the asbestos he was exposed to 40 years ago.

British Airways Grounds Three Planes after Possible Radioactive Contamination

Low traces of radiation have been found on two British Airways jetliners, and a third is being tested following the suspicious death of a former Russian spy.

Supreme Court Debates Complex Employment Discrimination Case

The Supreme Court is debating how to apply the statute of limitations for pay cases to a situation in which the original discriminatory act transpired years ago, though the victim continues to suffer for it.

Debate Rages on Age Restrictions for ATV Use

Across the United States and Canada, child ATV deaths and injuries have prompted some local governments to enact ATV age restrictions, and many other governments and organizations are debating the issue.

Katrina Flood Damage Lawsuit Gets Federal Judge's Nod to Proceed

NEW ORLEANS – U.S. District Court Judge Stanwood Duval Jr. ruled Nov. 27 that a lawsuit seeking compensation from insurers for damages caused by Hurricane Katrina's flooding can proceed because of ambiguous policy language.

California Man Convicted of Mail Fraud

Donald “Mitch” Shively, from the Sacramento area, submitted a guilty plea to one count of mail fraud, and was sentenced to serve 70 months in a federal prison.

U.S. Closes Record-Breaking Financial Year for False Claims Recoveries

During the 2006 fiscal year that ended Sept. 30, the U.S. government made record-breaking recoveries in the form of compensation for fraud.

Hedge Fund Manager Wanted for Arrest

On Monday, a federal judge ordered the arrest of John Kim, portfolio manager of KL Group, a collapsed West Palm Beach hedge fund.

Wrongful Death Lawsuit Against Kansas City Hospital Reaches Undisclosed Settlement

The family of Jake Clough, 15, who died in March 2005 at Children's Mercy Hospital in Kansas City, Kansas has settled their lawsuit against the hospital. The details of the settlement have not been provided.

36 Dead After Plane Crash in Iran

30 members of the Revolutionary Guards, an elite unit of the Iranian military, were killed along with six crew members when their plane crashed at an airport in Tehran Monday.

Massachusetts to File Lawsuit against Big Dig Contractors

In July 2006, a partial ceiling collapse in Boston's Big Dig highway tunnel killed a woman. The attorney general announced Massachusetts will file a civil lawsuit against several companies involved in the tunnel's construction.

DuPont Accepts New PFOA Standards Proposed by EPA

Last week, DuPont Co. reached an agreement with the U.S. Environmental Protection Agency that temporarily requires the global business giant to meet a much tougher standard for regulating the chemical used to make Teflon.

Connecticut Jury Awards Almost $2.6 Million for Erb’s Palsy Birth Injury

A Hartford, Connecticut Superior Court jury awarded a verdict of almost $2.6 million in a medical malpractice case involving a four-year-old Windsor boy suffering from Erb’s palsy that was caused by an injury during birth.

$8 Million Settlement Reached in Kings County Birth Injury Case

The parents of a baby who suffered brain damage during a delayed and traumatic birth due to dismissed warnings during labor will receive an $8 million settlement for the medical staff’s negligent actions.