Archive for January, 2006

Doctor and Pharmacist Served with Wrongful Death Lawsuit

A wrongful death lawsuit that accuses a doctor and a pharmacist of providing a patient with a lethal amount of methadone was recently filed in Woods County, Oklahoma.

Former "Borgata Babes" Sue Casino for Sexual Discrimination

Atlantic City, New Jersey -- Two women who previously worked as cocktail servers at the Borgata Hotel Casino & Spa have filed a $70 million sexual discrimination lawsuit against the company.

County Sues Nursing Home Over Patient Left in Scalding Hot Shower

San Mateo County has brought a lawsuit against a nursing home operator on behalf of a mentally disabled woman who suffered serious injuries after being left in a scalding hot shower.

Partial Birth Abortion Ban Act Ruled Unconstitutional in Two States

Two federal appeals courts on opposite sides of the country recently ruled the 2003 Partial Birth Abortion Ban Act unconstitutional, saying it lacks an exception for instances where the mother's health is at risk.

Trial of Surgeon Accused of Negligence Underway

The malpractice trial of a Missouri doctor who is accused of failing to provide proper postoperative care to a nasal surgery patient began yesterday in Greene County Circuit Court.

Former Chairman of Wal-Mart Pleads Guilty to Fraud and Tax Charges

A former vice chairman of Wal-Mart pleaded guilty to one count of filing a false tax return and five counts of wire fraud charges.

Nursing Home Faces Lawsuit For Allegedly Covering Up Patient's Death

The daughters of a 74-year-old man who froze to death outside of an Indiana nursing home recently filed a lawsuit, claiming that employees of the facility attempted to conceal the manner of their father's death.

Jury Awards Several Million in Wrongful Death Case

The widow of a man who died shortly after being released from a hospital in Tennessee was awarded $7.2 million in a wrongful death lawsuit.

Kentucky Children Receive $5.4 Million Judgment for Death Of Mother in Trucking Accident

A Kentucky jury awarded two children who lost their mother in a fatal collision with a tractor-trailer $5.4 million last week. Their father received $1.475 million for the loss of his son in the crash.

Four Killed in Plane Crash at Palwaukee Municipal Airport

Four people were killed last night when their twin-engine Cessna slammed into a construction storage lot in Wheeling, Ill., about a half-mile southwest of Palwaukee Municipal Airport.

Newly Formed Cruise Ship Safety Group Gains Popularity

A newly formed group known as the International Cruise Victims say their organization is rapidly gaining popularity. The group's mission is to improve cruise ship safety.

Woman Sentenced for Drunken Driving Fatality

A woman in New Hampshire was sentenced to a minimum of two years in prison after killing an elderly woman in a drunk-driving accident.

Settlement reached in Fatal Ohio Motorcycle Crash; Second Suit Filed

The widow of a man killed in an Ohio motorcycle crash has settled her lawsuit against a driver involved and filed a new suit against the owners of two businesses located where the accident occurred.

Family Sues Stanislaus County for Jail Death

The mother and four children of 50-year-old Timothy Stephens are suing Stanislaus County for his death resulting from a head injury inflicted by another inmate.

Cardinal Health Agrees to $35 Million Settlement with SEC

Cardinal Health has agreed to pay a $35 million penalty to end an SEC investigation into the company's accounting practices.

$17.2 Million Settlement for Gas Explosion Deaths

Alabama residents, Heath and Tara Carey have been awarded a $17.2 settlement for the wrongful death of their two children in a 2002 gas explosion at their apartment complex.

Survivors of Plane Crash Not Surprised At NTSB Ruling

John Krogh and his assistant, Wendy Bonham, the only remaining survivors of the October 19, 2004 Kirksville, MO plane crash that killed 13 people, say they are not surprised at the recently released NTSB ruling.

Illegal Body Parts Scheme Likely to Set Off Lawsuits

A Long Island woman who allegedly contracted a virus from a cadaver bone implanted in her back plans to join a long list of potential plaintiffs across the country caught up in a large-scale scandal involving the illegal collection and sale of body parts from the dead.

Woman Alleges Long Island Doctor Caused Wrongful Death

The wife of a Huntington, NY man who died from cardiac arrest in 2003 has filed a medical malpractice lawsuit against her husband's longtime physician, alleging the doctor failed to perform an adequate physical examination.

The Securities and Exchange Commission Announces New Fraud Penalty Guidelines

The Securities and Exchange Commission has established new guidelines to determine the amount a company should be fined when engaged in fraudulent practices.

Drunk Driver Sentenced to 38 Years for Deaths

Moises Perez Carreon was sentenced to 38 years in prison for the deaths of Maria and Sergio Valenzuela, who were killed in 2003 when Carreon, who was driving drunk, collided with their pickup truck.

Bomb Sniffing Dog Bites Girl Scout

Gwinnett County, Georgia authorities have confirmed that a trained police dog jumped over a six-foot fence to attack a 9-year-old girl who was playing on a trampoline next door.

Knicks' President Isiah Thomas Sued for Sexual Harassment

New York, NY -- A former Knicks executive has sued Team President Isiah Thomas and Madison Square Garden, alleging that she suffered sexual harassment.

Anti-Bleeding Drug Shown to Cause Kidney Problems, Death

Trasylol (aprotinin), a medication designed to reduce bleeding during heart surgery, has been linked in studies to an increase in serious health problems and death.

Alabama Firefighter's Mother Sues Trucking Firm, Drivers in Crash Death of Son

The mother of an Alabama firefighter killed when the fire truck he was driving collided with a tractor-trailer is suing the owner of the commercial truck, its driver, and the driver of another truck.

Pivotal Vioxx Trial Underway

Rio Grande City, TX -- The attorneys representing the family of Leonel Garza opened their case Wednesday, contending that the man's death was due to a heart attack caused by Merck's popular painkiller Vioxx.

Prominent New Hampshire Executive Killed in Plane Crash

Frank H. Jellinek Jr., 60, a well-known New Hampshire business executive, along with three other people, was killed yesterday in a plane crash at McClellan-Palomar Airport in Carlsbad, California.

Father of Girl Killed in 2004 Crash Awarded $312,815 by Virginia Jury

CHESAPEAKE, Va. -- The father of a 12-year-old girl who was one of two people killed in a crash in Virginia in 2004 was awarded $312,815 by a jury in the Chesapeake Circuit Court.

Future of Roe v Wade in Question with Alito Nomination

The 33rd anniversary of the Roe v Wade decision landed at a time when the judgment is once again being challenged. Judge Samuel Alito may be replacing retiring Justice Sandra Day O'Connor, tipping the Supreme Court to a substantial conservative voice.

Guidant Expands Pacemaker Recall

Guidant announced more pacemaker defects Monday, the company's latest in a string of extensive recalls spanning more than seven months.

Four Killed in Southern California Plane Crash

Four people were killed this morning at McClellan-Palomar airport in Carlsbad, California when their Cessna 560 attempted to land.

Proposed Bill Denies Funding for Post-Katrina Asbestos Exposure Victims

Provisions have been added to Senate Bill 852, now before Congress, that would prevent post-Katrina victims from receiving money from the Asbestos Trust Fund.

Virginia Senate Puts More Bite Into Dog Attack Laws

The Dorothy Sullivan Memorial Bill, named after an 82-year-old woman who was attacked and killed by three pit bulls, aims to place harsher penalties on dog owners whose pets injure or kill others.

Next Vioxx Court Case About to Begin

Rio Grande, Texas -- The nation's fourth Vioxx trial, pitting the family of Leonel Garza against pharmaceutical giant Merck & Co., is set to commence this week.

Former TNT Employee Awarded $6.8 Million in Sexual Harassment Case

Jackson County, MO -- A jury awarded $6.8 million to Kendra Lynn, the plaintiff in a sexual harassment lawsuit against TNT Logistics.

Illinois Judge Upholds Case Against Deputy

An Illinois judge last week denied a motion by the defense to dismiss the negligence portion of a lawsuit filed by a reporter seriously injured while riding in a sheriff's patrol car.

Man Convicted in Drug Dealer's Murder

Man was sentenced to life in prison after murdering a 19-year-old drug dealer.

Missouri City to Pay Kansas Teen $2.98 Million for Police Chase Injuries

OLATHE, Kan. -- A Missouri city has agreed to pay $2.98 million to settle a lawsuit filed by the family of a Kansas teenager injured when a police car struck the vehicle in which she was a passenger.

Patient Awarded $280,000 For Surgical Instrument Left in Abdomen

A Belmont, Massachusetts man was awarded $280,000 last Thursday after a jury found two doctors negligent for leaving a foot long surgical instrument in his abdomen.

Court Affirms Jury Verdict Linking Welding Rods to Mesothelioma and Lung Cancer

The New York State Appeals Court affirmed the first-ever jury finding that asbestos-containing welding rods, which were sold in the early 1980s, had caused lung cancer and mesothelioma.

FDA "Black Box" Warning Placed on Two Eczema Drugs

Both the Elidel cream and the Protopic ointment will receive the strong cautionary labeling after reports of nearly 80 cases of cancer, including lymphoma and skin cancer, in patients taking the drugs.

Warning Issued by FDA on Unapproved Brazilian Diet Drugs

Available via the Internet and marketed under such names as Emagrece Sim and the Brazilian Diet Pill, the pills contain habit-forming ingredients similar to those in Prozac and Librium.

Jailhouse Physician Named in Wrongful Death Suit

The family of a man who lapsed into a coma and died after being held in a Franklin County, Illinois jail has filed a wrongful death lawsuit against jail officials and a jailhouse physician.

Securities Broker Must Serve 18 Years in Prison and Pay More Than $200,000

A senior securities broker who bought stock for clients without their permission was ordered to pay more than $200,000 in restitution and serve 18 months in prison for his crime.

NY Smokers Sue Phillip Morris for Lung Cancer Screenings

A group of current and former Marlboro smokers filed a class-action suit against Philip Morris USA, asking the cigarette manufacturer to pay for screenings that may detect the early stages of lung cancer.

Paralyzed SJSU Cheerleader Plans to File Suit

Former San Jose State University cheerleader, Rechelle Sneath, 20, is planning to file a lawsuit against SJSU and its former cheerleading coach for the catastrophic injury that has left her paralyzed from the waist down.

Wrongfully Imprisoned Man Receives $756,900; Files Federal Suit for $50 Million

Kenneth Marsh, of San Diego, who was wrongfully imprisoned for 21 years for the death of toddler, Phillip Buell, has received $756,900 in compensation for his prison time and is seeking an additional $50 million.

PennDOT Settles Whistleblower Suit for $500,000

The Pennsylvania Department of Transportation has agreed to a $500,000 settlement to resolve a qui tam lawsuit filed by a former construction worker who reported consulting firms over charged the agency.

All 50 States Fail to Comply with Child Welfare Standards

Standards that provide children with quality foster care and health services have been neglected by all 50 states, requiring another round of reviews by the Department of Health and Human Services.

Study finds cholesterol drugs may increase risk of age-related eye disease

A recent study found that cholesterol-lowering drugs such as Zocor and Lipitor have no affect on the eye in preventing age-related muscular degeneration (AMD). Further review of the data suggested statin drugs might increase the risk of AMD.

Family of Man Killed at Virginia Historic Site Files $5 Million Lawsuit

The family of a man killed at a Virginia historic site when a truck backed over him has filed a $5 million lawsuit against the operators of the site and a truck leasing company.

Relatives of Pregnant California Woman Killed in Bus Accident Sue Company, Driver

A wrongful death lawsuit was filed this week against Greyhound Lines, Inc., and one of its drivers by relatives of a pregnant California woman killed in a bus accident Nov. 27.

Families of Jet Pilots File Wrongful Death Suit

The families of Jesse Rhodes and Richard Peter Cesarz, pilots killed in the 2004 Pinnacle Airlines crash, have filed a wrongful death lawsuit in Florida.

Family of Man Shot By Cops Receives Nearly $1 Million

The family of a man who was fatally shot by a sheriff's deputy reached a settlement today in their excessive force lawsuit against the officer and the police department.

Police, Taser Face $60 Million Wrongful Death Suit

The family of a man who died after being repeatedly shocked with a Taser stun gun is suing the gun manufacturer and the police department for his death.

Briefs Filed in California Same-Sex Marriage Court Battle

California's ever-looming court battle continues as several groups filed briefs this week in support of same-sex marriages. However, many conservative coalitions hope the existing state law banning these unions remains in effect.

Indiana Families Sue Liquor Store Chain Over Fatal Teen Crash

An Indiana liquor store chain has been accused of negligence in a lawsuit filed by the families of two teenagers killed in a car crash after buying liquor at one of the company's stores.

Thousands of Asbestos Clients Sue Florida State Bar Association

More than 4000 people suffering from asbestos-related diseases have filed a lawsuit against the Florida Bar after their former attorney allegedly stole $13.5 million in settlement money.

Family awarded $925,000 for death of New Mexico woman in bus collision

The family of a New Mexico woman killed in a 2004 collision with a city bus will receive a $925,000 settlement from the city of Santa Fe, according to a family attorney.

New DUI Law in Tennessee

A new law has been put into effect in Tennessee to punish drunk drivers.

Environmental Exposure to Cadmium Linked to Lung Cancer

Researchers in Belgium have discovered a direct correlation between industrial emissions of cadmium in the environment and lung cancer.

New Jersey Reaches Multimillion-Dollar Settlements over Groundwater Contamination

Pharmaceutical giant, Merck & Co. Inc., and several hundred service stations will pay millions for contaminating groundwater at properties throughout New Jersey.

Tenet Healthcare Settles Shareholder Lawsuits for $215 Million

The second largest hospital chain in the United States, Tenet Healthcare Corp., has agreed to settle class action lawsuits filed by shareholders for $215 million.

Judge Prohibits California Woman from Burning Treated Wood

A Marin County resident was forced to stop burning old decking after her neighbor took her to court.

National Institute of Health Agrees to $10 Million Settlement

Representatives of the National Institute of Health have agreed to pay $10 million to the family of a Massachusetts nurse who died while participating in an NIH clinical drug study.

Lawsuit Alleges Physician Gave Improper Instructions

The family of an Indiana woman who died after suffering a severe head injury has filed suit against the emergency room physician who treated and released her without proper after care instructions.

Multi-Cast Agrees to Pay $10,000 Fine For Air Pollution Violations

Multi-Cast Corporation has reached a settlement agreement with the U.S. Environmental Protection Agency concerning air pollution violations discovered at its secondary aluminum production plant.

Blacks Less Likely to Undergo Lung Cancer Surgery

A recent study shows that blacks are less likely to undergo surgery for lung cancer than whites, even when they have access to the same level of healthcare.

Family Seeks $10 Million from Benihana for Man's Death

The family of 34 year-old Jerry Colaitis of Mineola, NY, is suing Benihana restaurants, alleging Mr. Colaitis' death was caused by neck injuries sustained while attempting to avoid a shrimp that was tossed into the air.

United Mine Workers of America Sue Alabama Over Mine Safety

Due to a decline in the level of safety in Alabama's fifty coal mines, two Jefferson coal miners, in conjunction with the United Mine Workers of America, have filed suit against the state.

Director of Port of Pensacola Placed on Probation

Director of the Port of Pensacola has been placed on probation as a result of his involvement in two accidents while driving under the influence.

Former Stockbroker Agrees to $153 Million Settlement for Illegal Trading

A former Las Vegas stockbroker has agreed to a $153 million settlement to resolve allegations of fraudulent trading practices.

Oklahoma City Woman Files Suit Against American Fidelity

An Oklahoma City resident has filed a lawsuit against American Fidelity Assurance Company. The suit challenges the insurance company's policy of determining "actual charges."

Judge Sentences Two to Prison for Staten Island Ferry Crash

A federal judge has sentenced Richard J. Smith to 18 months in prison and Patrick Ryan to one year in prison for the October 2003 Staten Island ferry crash that killed 11 passengers.

Families sue Union Pacific, Amtrak over deaths at Oregon rail crossings

The families of two Oregon residents killed at Salem railroad crossings have filed separate wrongful death suits, one against Amtrak for $1.2 million and one against Union Pacific Railroad for $1.3 million.