Archive for August, 2006

Lipitor Importer Pleads Guilty in Kansas City Federal Court

Miami resident Alexander Nassar pleaded guilty August 28 in a Kansas City, Missouri, federal court to participating in a multimillion-dollar conspiracy to import and sell stolen and counterfeit Lipitor.

Pennsylvania Voters Claim E-Voting Machines Inconsistent and Untrustworthy

Voter advocates recently filed a lawsuit seeking to stop the use of “paperless" electronic voting machines in the state of Pennsylvania. The plaintiffs argue that these machines are unreliable and do not sufficiently document records.

Self-Proclaimed Whistleblower Takes On Lockheed Martin

41-year-old Michael De Kort recently skyrocketed to Internet fame with the airing of his 10-minute You Tube video alleging corruption in a military contract for which he was formerly an engineer.

Teen Arrested for Role in Friend’s Death

An unnamed 16-year-old boy was arrested by Oakland police Monday for suspicion of murder in connection with the death of his 14-year-old friend.

Kaiser Permanente Fined Following Mismanagement of Kidney Transplant Program

Kaiser Permanente agreed to pay a $2 million fine and give $3 million to an organ donor program after state regulators concluded the HMO mismanaged its kidney transplant center and endangered patients’ lives.

Legal Experts Say Lawsuits against Comair Sure to Come

The crash of Comair Flight 5191 in Lexington, Kentucky, last Sunday has some in the legal community saying it is nearly certain that Delta, the airline’s parent company, will be sued.

Drugmaker to Pay $435 Million for Medicaid Fraud and Improper Drug Marketing

Concluding a five-year federal investigation, Schering-Plough Corp. agreed on Tuesday to pay $435 million and plead guilty to conspiracy after being accused of marketing drugs for unapproved uses and overcharging Medicaid for certain drugs.

California Woman Claims Exposure to Asbestos from Husband’s Work Clothes

Last week, a California woman who claims she developed mesothelioma, a deadly form of lung cancer, from her husband’s work clothes filed a lawsuit in Madison County Circuit Court in Illinois.

Louisiana Supreme Court Confirms Lower Court's Insurance Ruling

On Friday, the Louisiana Supreme Court confirmed a ruling by a district court judge that two laws allowing policyholders an additional year to file claims against their insurers for hurricane-related damages are constitutional.

Five Workers at Indiana Wal-Mart Store Injured by 12,000-Volt Shock

Three men were critically injured and two suffered lesser burns Saturday in an accident at a Wal-Mart store under construction in Bloomington, Indiana.

San Diegan Faces 11 Years in Federal Prison for Humanitarian Investment Scam

James F. Garro, 61, was sentenced Friday to serve more than 11 years in a federal prison for collecting $37.5 million from investors in a humanitarian investment scam.

Michigan Couple Sentenced for Securities Fraud Scheme

Larry D. Goble, 58, and his wife, Julie Ann Goble, 49, were sentenced last week in Kosciusko Circuit Court for charges related to securities fraud.

Flight 5191 Data and Voice Recordings Deepen Mystery

Tower tapes confirm that the pilot and a controller planned for the plane to take off from the correct runway.

Wal-Mart to Pay $1.8 Million over Lawnmower Lawsuit

After participating in mediation at the 4th US Circuit Court of Appeals in Richmond, Virginia, Wal-Mart has agreed to pay $1.8 million to the victim of an accident involving a defective lawnmower.

US Marshals Seize Defective Infusion Pumps from Manufacturing Facility

At the request of the FDA, the US District Court for the Southern District of California issued a warrant allowing US Marshals to seize Alaris infusion pumps from the company’s manufacturing facility in San Diego.

Ford Puts Safety First

The new Ford S-Max has attained a five star rating by the Euro NCAP crash test protocol. With the S-Max and Focus vehicle models, Ford has produced two automobiles that have achieved the maximum rating available in Euro NCAP.

Plane Crash Kills 49 in Lexington, Kentucky

On Sunday, a commuter jet that tried to take off from a short runway crashed into a nearby field, catching fire. A co-pilot was the only survivor and is currently hospitalized in critical condition.

Foul Smell in New York City Boroughs Associated with Elevated Benzene Levels

As a foul odor recently blanketed Staten Island’s North Shore and certain areas of Brooklyn, New York City’s Department of Environmental Protection discovered elevated levels of benzene in the air.

Appeals Court Orders Target to Defend Discrimination Suit

A US District Court of Appeals has ordered Target Corporation to defend a discrimination lawsuit filed on behalf of four black applicants who were denied management positions with the company.

Wrongful Death Suit Filed Over Natural Gas Explosion in Illinois

A utility company and a heating/air-conditioning company were named as defendants in a lawsuit based on a house explosion that killed a woman, her teenage son, and her grandson.

Louisiana Judge Confirms Constitutionality of New Insurance Laws

Two new Louisiana laws allowing insurance policyholders an additional year to file claims for damages caused by hurricanes Rita and Katrina were ruled constitutional by Baton Rouge District Court Judge Kay Bates on August 23.

Oklahoma Community Wants Benzene Spill Eliminated

Residents of the Northeastern Oklahoma city of Miami are working with a major tire company to ensure that a local benzene spill is taken care of.

Coca-Cola Sued over Benzene as Other Beverage Makers Settle Similar Lawsuits

Coca-Cola Co. has been served with a lawsuit calling for the removal of Coke ingredients that can produce cancer-causing benzene. The case began as two other companies settled similar lawsuits.

Ex-Canadian Border Agent Sentenced in Marijuana Trafficking Case

Former Canadian border agent Rose Palmer, 53, was sentenced to three years in US federal prison followed by three years of supervised release for her involvement in a US-Canada drug trafficking scheme.

Florida Family Receives $2.2 Million in Medical MalpracticeLawsuit

A family from Winter Haven, Florida, was recently awarded $2.2 million after a circuit court jury decided that the family’s loved one died as a result of negligent care at Winter Haven Hospital.

Florida Landfill Faces Lawsuit

Residents who live near a landfill in the Northwest Florida community of Navarre have filed a lawsuit claiming that the landfill is responsible for spreading benzene, arsenic, and other toxic chemicals throughout the neighborhood.

Apple Follows Dell's Lead by Recalling Faulty Laptop Batteries

Just ten days after Dell’s record-setting recall of 4.1 million laptop batteries, Apple Computer Inc. is following suit and recalling about 1.8 million batteries.

Jury Awards $8.25 Million to Injured Plastic Surgery Patient

A jury in Collier County, Florida, recently awarded $8.25 million to a woman who lost both of her breasts during a plastic surgery procedure.

Terrorist Plot Foiled

British authorities arrested 24 suspects in connection with a plot to smuggle liquid explosives onto a London flight. The suspects were taken into custody just before their “dry run" could be executed.

Michigan Man Severely Burned After Pouring Gasoline on Tree Stump Fire

Ricky Tenbrink of Holland, Michigan, was left in critical condition at a hospital burn unit in East Grand Rapids after suffering severe burns from a tree stump fire outside his home.

Rezulin Suits Dismissed by Judge

Citing insufficient evidence, a US District Court judge has dismissed nearly 30 lawsuits alleging that the diabetes drug Rezulin caused liver damage.

ADHD Drug Dexedrine to Receive Stronger Warning Label

In response to a request by the FDA, drugmaker GlaxoSmithKline will add new warnings to the label of the ADHD drug Dexedrine, cautioning of the increased risk of heart problems among users.

Accutane May Cause High Cholesterol, New Study Shows

A new study published in the August Archives of Dermatology shows that Accutane may cause more patients to develop high cholesterol, elevated liver enzyme levels, and high triglyceride numbers than stated on the drug’s packaging.

Appeals Court Confirms Ephedra Ban

The U.S. Food and Drug Administration's ban on ephedra was upheld August 18 when a federal appeals court in Denver ruled that the FDA had correctly adhered to a congressional mandate in determining that ephedra is unsafe.

New Jersey Judge Overturns Pro-Merck Verdict, Grants New Trial

In yet another setback for the makers of Vioxx, a New Jersey Superior Court judge recently ruled that evidence discovered since a November trial is sufficient to overturn the verdict issued in Merck's favor.

Jury Orders Vioxx Maker to Pay $51 Million to Heart Attack Victim

Last week a New Orleans jury ordered pharmaceutical giant Merck & Co. to pay $51 million to man who suffered a heart attack after taking the drug Vioxx.

Brain-Damaged Surgery Patient Receives $3.5 Million in Lawsuit

A woman who suffered brain damage after undergoing gastric bypass surgery was recently awarded $3.5 million by a jury in Fredericksburg, Virginia. The medical malpractice award is thought to be the highest ever in the Fredericksburg area.

Judge Denies Katrina Flood Claim

U.S. District Court Judge L.T. Senter agreed August 15 with Nationwide Mutual Insurance that a Mississippi couple's homeowner's policy did not cover damages caused when a Hurricane Katrina–driven storm surge flooded their home.

Taser Incident Raises Questions about Police Sensitivity to Disabled

A Seattle police officer’s use of a Taser on a deaf man has been defended by police officials but criticized by friends and guardians of the victim.

Montana Inmate Attempts to Withdraw Guilty Pleas in Drug Case

A Belgrade, Montana, man who was arrested on drug charges after he was stabbed in his home is hoping to withdraw his guilty plea, citing the same concerns over police work that earned his attacker a release.

Study Shows Accutane May Lead to Bowel Disease

In a report published in the July edition of the American Journal of Gastroenterology, researchers say they have found a direct link between the popular acne drug Accutane and inflammatory bowl disease, a connection only suspected until now.

Drugmaker Accused of Withholding Information about Birth Defects Caused by Paxil

A recent lawsuit alleges that GlaxoSmithKline, maker of Paxil, knew about the risk of birth defects in babies born to women who took the antidepressant, yet failed to notify patients and doctors of the fact.

Dell Issues Largest Safety Recall in Industry History

Dell is recalling 4.1 million notebook computer batteries because of a potential fire hazard. According to the Consumer Product Safety Commission (CPSC), this will be the largest safety recall in the consumer electronics industry’s history.

Judge Stymies California Auto Insurers

Sacramento Superior Court Judge Loren McMaster ruled August 10 against an insurance industry attempt to block new rules that will force insurers to abandon their use of policyholders’ zip codes as their primary criteria for determining auto insurance rates.

Florida Jury Awards $11.4 Million to Injured Surgery Patient

A Palm Beach County jury recently awarded $11.4 million to a man who suffered brain damage after rods implanted in his spine during surgery migrated to his brain.

$10.4 Million Awarded to Widow of Former Shipyard Worker Exposed to Asbestos

The verdict in the wrongful death lawsuit brought by Wanda Jones, widow of Buddy Jones, was delivered on the first anniversary of the man’s death. Buddy Jones was 60-years-old when he died of mesothelioma, a form of cancer caused by asbestos exposure.

Jury Awards $18 Million in Ford Explorer Rollover Case

A South Carolina jury found that a defective cruise control system caused a 1999 Ford Explorer rollover accident that killed one woman and paralyzed another. Ford Motor Co. was ordered to pay $18 million in damages.

California Insurer Complies with New Insurance Directives, Others Balk

Insurance company USAA announced August 8 that it would adjust its rate structure to fall in line with new California Insurance Department regulations despite a planned insurance industry stand against them in state court.

Ohio Medical Malpractice Settlement Includes Investments by Defendant Hospital

In an 11th-hour pre-trial settlement, Ohio State University Medical Center (OSU) agreed to a structure of payments to the parents and attorney of 24-year-old Kerri Swain, who suffered brain damage while in OSU’s care.

$1 Million Bail Seized by State in Drug Case

After the family of a suspected drug-trafficker delivered a $1 million bond to release a relative, they were surprised to learn that not only would their loved one remain in jail, but that the bond money would be seized.

Family Wins $5 Million Verdict against Infants’ Tylenol

A Philadelphia couple whose one-year-old son died after being given a dose of Infants’ Tylenol was awarded $5 million in a wrongful death lawsuit against the drug’s maker.

Parents of Skydiving Plane Crash Victim Seek Damages

The parents of a 22-year-old woman who died in a skydiving plane that crashed shortly after taking off from an airport in Sullivan, Mo., on Saturday have filed a wrongful death lawsuit seeking unspecified damages.

Mississippi Accuses Drugmaker Eli Lilly of Medicaid Fraud

A lawsuit has been filed in Lafayette County Circuit Court alleging that Eli Lilly and Co. abused Mississippi’s Medicaid reimbursement policy in order to increase profits on the antipsychotic drug Zyprexa.

Lipitor Split Decision Keeps Pfizer Fighting

On August 2 the U.S. Court of Appeals upheld one patent of drug maker Pfizer's popular cholesterol-lowering drug Lipitor, but ruled a second patent invalid on technical grounds.

Ford Expands Existing Recall to Include 1.2 Million More Vehicles

The Ford Motor Company has expanded an existing recall of its vehicles with a defective cruise control system to include another 1.2 million vehicles. This brings the total recall number to 6.7 million.

Judge May Set Aside $876,000 Slip and Fall Verdict

A New Jersey Superior Court judge will determine whether to set aside or reduce an $876,000 verdict issued in favor of a woman who was injured after slipping and falling in a supermarket.

Over 800,000 Jeep Liberty SUVs Recalled

A potential steering hazard has caused Chrysler Group to recall 832,000 Jeep Liberty sport utility vehicles. The affected model years are 2002 through 2006.