Archive for May, 2006

Lawsuit against gynecologist ends in $5 million verdict

Earlier this week, a jury in Cook County, Illinois awarded $5 million to a woman who lost the use of her vagina following a hysterectomy and a procedure designed to treat frequent urination.

Dad sentenced for DUI

Father sentenced to prison for a drunken driving accident that left his teenage daughter paralyzed.

Widow files suit as former teacher dies of asbestos related lung cancer

The widow and estate of Walter W. Caswell Jr., 55, of Kensington, Connecticut have filed suit after the former high school teacher died of mesothelioma, a lung cancer only known to be caused by asbestos exposure.

FDA detects benzene in five different drinks

A Food and Drug Administration analysis of over 100 soft drinks and other beverages found five drinks with benzene levels higher than U.S. drinking-water standards, the FDA said last Friday.

Ohio residents sue DuPont over C8 exposure

Three Parkersburg, Ohio residents filed a lawsuit last week against DuPont, alleging that the company has polluted the city’s water supplies with C8, a manufacturing chemical used in the production of Teflon and other products.

Texas Attorney General files lawsuit against fuel additive company

Texas Attorney General Greg Abbott filed a lawsuit last week against Dallas-based BioPerformance, Inc., for marketing a fuel pill it claims will boost gas mileage.

Lawsuit charges Mississippi nursing home with malpractice

The daughter of an elderly nursing home resident who died after allegedly being exposed to Hepatitis B recently filed a wrongful death lawsuit against the nursing home.

Steelworkers union president supports Teflon lawsuit against DuPont in New Jersey

United Steelworkers (USW) president Leo Gerard is backing a lawsuit to clean up water supplies potentially contaminated with Teflon-related chemicals in areas surrounding DuPont's plant in New Jersey, and to monitor residents' health.

Hurricane Katrina Cleanup Workers Say Contractors Ignoring Asbestos Rules

Current employees of Mississippi contractors who are directing efforts to clean up the area affected by Hurricane Katrina say they and the public are being put in danger by the dangerous handling of asbestos.

North Carolina, Hawaii latest states to consider thimerosal ban for vaccines

Following the lead of several other states including California and Iowa, the state legislatures of North Carolina and Hawaii are now considering bills that would ban the use of thimerosal in vaccines.

CDC tracks emergency room visits caused by ADHD drugs

In the first study of its kind, the U.S. Centers for Disease Control and Prevention has estimated that more than 3,000 Americans seek emergency medical treatment for problems caused by attention deficit disorder drugs.

Boat driver pleads guilty in fatal DUI case

Man pleads guilty to DUI manslaughter for killing one individual and injuring two others during a boating accident in 2002.

Furnace, homebuilder, gas, plumbing companies settle gas explosion lawsuit for $5 million

A lawsuit regarding a 1996 gas explosion that leveled a brand-new Illinois home, killing a woman and her son, was settled in May 2006 when the four defendant companies offered the family $5 million.

Appellate panel reverses crack-cocaine conviction

A 42-year-old Lakewood, New Jersey man’s drug conviction has been overturned by an appellate panel because a police officer did not have a warrant to search the man’s car.

Pain sufferer tries to get painkiller drug sentence overturned

After being badly injured in a car accident and later developing Multiple Sclerosis, Richard Paey began taking pain killers before he was convicted of having more than the law allowed.

Defense records seized by authorities returned, defense asks for dismissal

Upon returning from Columbia where witnesses in the drug case against accused drug cartel leader Joaquin Mario Valencia-Trujillo were interviewed by an associate of his defense attorney, a customs agent seized defense paperwork at the airport.

SWAT teams from two cities combine to arrest man on drug charges

A 51-year-old man was arrested on drug charges after police from two towns outside Houston Texas, Richmond and Rosenberg, descended on his house to serve a search warrant.

Appeals court upholds verdict in Ohio medical malpractice case

Earlier this month an appeals court upheld the verdict in an Ohio medical malpractice lawsuit, but ordered the amount of damages allotted to be reduced.

Calif. insurance commissioner accuses companies of price gouging

In the latest of an ongoing battle, California Insurance Commissioner John Garamendi on May 25 said that homeowner and auto insurance companies have gouged consumers with unconscionably low payouts on claims.

Lawsuit leads Kaiser to suspend kidney transplant program

Kaiser Permanente suspended its kidney transplant program after a lawsuit was filed by the widow of a man who allegedly died as a result of a mistake made by the company.

Wisconsin man receives $2.75 million in settlement with nursing home

A man from Shell Lake, Wisconsin who became paraplegic after undergoing heart surgery reached a $2.75 million lawsuit settlement with the nursing home he accused of failing to provide him with proper care.

Idaho jury returns $18 million verdict in wrongful death case

A jury in North Idaho recently awarded $18 million to the relatives of a nursing home resident who allegedly died from excessive dosage of a prescription drug.

Nursing home patient wins $800,000 in medical malpractice lawsuit

A Louisiana nursing home resident who suffered a severe pressure sore on her hip and was left to remain in her own urine and feces was recently awarded $800,000 by a Webster County jury.

Woman receives $1.27 million for amputation of foot due to maggots

A former resident of a Florida nursing home who underwent the amputation of her left foot because it had become infested with maggots was recently awarded $1.27 million by a Palm Beach County jury.

Estate of deceased nursing home resident wins $20 million verdict

A Kentucky jury recently awarded $20 million to the estate of a nursing home resident who died of a heart attack after caretakers purportedly failed to promptly answer his calls for help.

Maximum sentence for fatal DUI accident

An intoxicated driver was given the maximum sentence after losing control of her vehicle, resulting in the death of a passenger.

Michelle Rodriguez sentenced to 60 days for DUI

Actress Michelle Rodriguez was sentenced to jail after violating her probation.

Driver of fatal DUI accident receives maximum sentence

A man from Tampa, Florida was sentenced to 16 years in prison for a DUI crash that caused the death of an 18-year-old boy.

$6 part cost company almost $6 million

A jury found the dump truck bed manufacturer liable for the death of an Ohio truck driver who was crushed by the dump bed of his truck in 2002.

Worldwide recall of lens cleaner

Following a recent U.S. recall of its ReNu with MostureLoc contact lens solution, Bausch & Lomb initiated a worldwide recall of the product.

Serious risks prompt Schwinn bicycle child carrier recall

The U.S. Consumer Product Safety Commission and PTI Sports have announced the voluntary recall of about 14,000 bicycle child carriers because of a possible fall hazard.

Construction accident victim sues. OSHA, police investigate

The survivor of a fatal construction accident at a Florida high rise is suing his employer before initial investigations have been completed.

Malpractice suit filed by grandmother of a Georgia “miracle baby"

Two years ago at Georgia’s Dekalb Medical Center, Emmanuel Hawkins was born 11 weeks early to a brain dead mother. Today, grandmother Nonnie Hawkins has filed a medical malpractice suit for the alleged negligent care of her daughter.

Group sentenced to prison for slip and fall scam

Six people were sentenced to various length prison terms in Pennsylvania for a slip and fall scam they operated between 1999 and 2003.

Los Angeles court unseals explicit documents in grocery store magnate’s bitter divorce

The 1,200 pages of documents include allegations by billionaire Ronald W. Burkle's daughter about his conduct toward his former wife.

Rise in asbestos violations prompts "Don’t Mess With Asbestos" campaign

Prompted by an increase in asbestos violations, health officials in San Diego are planning to launch a "Don’t Mess with Asbestos" campaign to increase awareness of the dangers of asbestos.

Biological father gets boy in bitter 3-way custody battle

A Florida judge ruled that a child who was wanted by his adopted parents as well as both birth parents should permanently live with his biological father in Maine.

Vioxx clinical trials are open to interpretation

Ever since the lawsuits started rolling in, Merck and their lawyers have maintained the assertion that the popular arthritis painkiller Vioxx was only dangerous to patients who took the drug for at least 18 months.

New GPS Accuracy: The Real Story

On May 1st, the White House announced that the GPS (Global Positioning System), which uses satellite transmissions to pinpoint the location of vehicles and people, would become twice as accurate for private citizens.

Two new lawsuits brought against makers of Ortho Evra patch

The latest lawsuits, which allege that the popular birth control patch caused one woman's death and another's serious illness, follow a recent FDA warning that the drug is linked to blood clots, stroke, and death.

FDA to conduct safety hearings regarding RU-486

The hearing is the latest development in the history of the controversial so-called "abortion pill." Both supporters and critics are hoping to influence the agency’s decision on whether to continue the sale of RU-486.

Washington utility pays $8 million to family of gas explosion victim

The family of an elderly Bellevue woman who died in 2004 in a natural gas explosion at her home accepted a settlement of more than $8 million from the gas utility Puget Sound Energy yesterday.

Florida bill could let men challenge child support when paternity is questionable

According to HB221, men who learn they are not the biological father of the children for whom they pay support would be able to petition a judge to relieve them of future child support obligations.

$5.2 billion settlement awarded to asbestos victims

Owens Corning, the world's largest producer of insulation products, will pay $5.2 billion to asbestos victims in what is likely the largest asbestos settlement in history.

Kansas legislation would restrict deadbeat parents' driving privileges

Kansas governor Kathleen Sebelius is expected to sign a bill that says those owing more than $500 in child support would have their licenses restricted until the debt is paid.

Celebrex ads return, accompanied by serious warnings

Pfizer has revamped and resumed their ad campaign for the controversial arthritis pain medication Celebrex, 16 months after the company voluntarily halted advertising.

Andre Rison's $64,000 NFL pension confiscated to pay overdue child support

Former Pro Bowl receiver Andre Rison, who claimed he didn't have the funds to provide child support to his ex-wife in Michigan, has lost his entire NFL pension to help pay down the debt.

Arizona man facing another medical malpractice suit

The latest malpractice suit against Dr. Bradley Schwartz, a pediatric ophthalmologist, alleges he negligently provided care, diagnosed and treated his patient, Gary Russell.

United States Senate denies cap in medical malpractice lawsuits

The Senate recently rejected a Republican effort to limit jury awards in medical malpractice cases. Sixty senate votes were needed to end debate on the matter, but Republicans fell short of that number.

Kansas Marine enters new battlefield -- the court system

An unusual child custody case involves a Marine who hopes to regain custody of the son he lost to his estranged wife while on active duty.

Ten-year prison sentence for DUI collision resulting in severe brain injuries

Kia Hanna, a 20-year-old Lake Tahoe, Nev. resident, was sentenced May 9th to 10 years in prison for driving under the influence of alcohol and marijuana, causing a collision that seriously injured three adults.

Gap, Inc. sued over flannel pajama burn injury of 13-year-old boy

A lawsuit was filed against clothing retailer Gap, Inc. alleging that the Gap flannel pajama pants the boy was wearing caught fire when a campfire ember landed on the pants, engulfing them in flame.

Denver appeals court hears ephedra-ban arguments

FDA attorney Christine Kohl argued May 8 in Denver's 10th U.S. Circuit Court of Appeals for the reversal of a Utah judge's ruling that allowed the sale of ephedra in doses up to 10 milligrams.

Woman injured during surgery wins $2 million in lawsuit

A jury in Will County, Illinois recently awarded $2 million to a woman who suffered painful nerve damage during a surgical procedure that was allegedly unnecessary.

Parents of 13-year-old killed in ATV accident sue property owner, ATV owners

The parents of a 13-year-old girl who died following an ATV accident have filed a lawsuit against the owner of the property where the accident took place, his insurer, and the owners of the ATV.

Antipsychotic drug use in children raises questions about side effects

A study has shown that the regular use of antipsychotic medication by children and adolescents has increased dramatically over the last four years. Some experts are concerned that the long-term effects could be detrimental.

Class action lawsuit claims 9/11 rescue workers sick and dying from toxic exposure

Following the 9/11 terrorists attacks, a toxic cloud hung over Ground Zero that is now causing health concerns in those that worked there as part of the rescue and recovery effort, according to a class action lawsuit.

Lawsuit blames Marine Corps in fatal ether-related car accident

The Marine Corps allowed a private with a known history of abusing ether access to the gas, leading to a fatal car wreck, according to a suit filed recently in Raleigh, N. C.

Fired Wal-Mart security guard sues for gender discrimination

ROTTERDAM -- A recently fired Wal-Mart security guard is suing her former employer on the grounds of gender discrimination after her lawyer claims she was dismissed for chasing a purse snatcher.

Police sued for Taser use on woman in diabetic shock

A Seattle woman filed a lawsuit against the Redmond Police Department for stunning her with a Taser gun when she was suffering from diabetic shock.

Two Salina, Kansas 6th graders receive drug charges

Two sixth grade boys in South Middle School in Salinas, Kansas are alleged to have smoked marijuana and have been charged in juvenile court after evidence of drugs were found.

Brain damaged twins receive $13.2 million in malpractice lawsuit

A federal jury in the Eastern District of Pennsylvania recently awarded $13.2 million to a pair of twins who suffered brain damage in utero after doctors allegedly failed to detect an infection in their mother.

Maximum sentence given in fatal crash

A young man with a history of reckless and drunken driving was sentenced to nine years in prison for a fatal crash and a separate incidence of a second DUI offense.

Carnival settles overtime dispute for $6.25 million

Carnival Cruise Lines has agreed to pay $6.25 million to thousands of past and current employees for unpaid overtime compensation.

Humana postponing settlement payments until appeals are resolved

Humana, Inc., which owes physicians $40 million and plaintiff attorneys a maximum of $18 million as the result of a class-action lawsuit, is prolonging payment until appeals are resolved.

Enron trial winds down

The trial of Enron founder Kenneth Lay and former Chief Executive Jeffrey Skilling is winding down as jurors hear one final week of testimony.

Ephedra importer sues as FDA appeal approaches

Emax Enterprises has filed suit demanding return of a shipment of confiscated ephedra products. Meantime, the FDA will argue May 8 in a Denver appeals court for reversal of a pro-ephedra ruling.

"Big Dig" investigation results in 6 arrests

A May 2005 whistleblower lawsuit filed in Suffolk Superior Court has led to indictments against six Boston men. The defendants, all current or former employees of Aggregate Industries, are charged with making false statements, mail fraud and conspiracy to defraud the government.

Family of boy injured in car crash awarded $10 million

A North Carolina jury awarded $10 million to the family of an 11-year-old boy who has been unable to walk or talk since a 2004 car crash left him in need of around-the-clock medical care.

Whistleblower protection granted to government doctors

A decision by the U.S. Merit Systems Protection Board to grant whistleblower protections to government doctors is good news to the thousands of federal doctors and medical researchers who work on government research, medical work and safety reviews.

Kansas City man admits to securities fraud

In what is becoming daily news, another businessman has pled guilty to selling unregistered securities and a list of other fraudulent activities.

Sarbanes-Oxley reaps larger securities fraud payouts

The Sarbanes-Oxley Reform Act has been cited as one of several reasons why securities litigation settlements have more than doubled in 2005. And, while the amount of such cases fell to its lowest level in the past nine years, the payouts from pending cases are rising steadily.

Several Southern California surgical patients at risk due to unsterilized equipment

Scripps Hospital La Jolla recently announced that a hospital nurse has been improperly sterilizing equipment used during gastric bypass surgery.

Zocor ruling against FDA benefits generic-drug makers

U.S. District Judge Richard Roberts ruled May 1 that the FDA overstepped Congress' authority when it denied two drug makers' claim to six months of exclusive sales rights for generic versions of Merck's cholesterol-fighting drug Zocor.

U.S. Airways pilots lose appeal over pension benefits

The U.S. Court of Appeals for the District of Columbia Circuit has instructed a lower level federal court to dismiss a lawsuit filed by U.S. Airways pilots against the Pension Benefit Guaranty Corp.