Archive for January, 2007

U.S. EPA Confirms Presence of Harmful Vapors in Dayton Neighborhood

An investigation by the U.S. Environmental Protection Agency has concluded that homes near the Behr Dayton Thermal Products plant in Dayton, Ohio have been exposed to dangerous levels of trichloroethylene.

Whistleblowers Rewarded with Leniency in Cendant Fraud Case

Two former Cendant executives were spared prison time in repayment for their cooperation in the recent accounting fraud case against the corporation.

Lawsuit Cites Minnesota Restaurant as Responsible for Illness

On January 17, Julie Johnson, of Albert Lea, Minnesota, filed a lawsuit against the owners of a local Taco John's franchise after her son became ill from eating a soft-shell taco on December 1.

Philadelphia Jury Awards $1.5 Million to Couple in Prempro Lawsuit

A Philadelphia jury has ruled in favor of an Arkansas couple who filed a lawsuit against the manufacturer of the hormone replacement drug Prempro. The company will be forced to pay $1.5 million in compensatory damages.

Taser Incident Prompts Texans' Lineman to Threaten Lawsuit

The Houston Texans' Fred Weary is threatening to sue the city if it does not satisfy requests made by the lineman in response to a November arrest resulting in a Taser shooting.

Whistleblower Wins Case against Oil Company

According to the lawsuit, Kerr-McGee, which is now a unit of Anadarko Petroleum, underpaid $7.5 million in royalties to the U.S. Government.

Fatal Crash Leads to Lawsuit against Tire and Car Manufacturers

In Jacksonville, Florida, a lawsuit seeks the addition of warning labels to tires and automotive manuals after a fatal car crash caused by a deteriorated tire left 3 dead and 5 injured.

Toyota Nears Settlement in Oil Sludge Case

Four years after a class-action lawsuit was filed against them, California-based Toyota Motor Sales has reached a tentative agreement with Toyota and Lexus owners who complained that oil sludge damaged their vehicles' engines.

Air Force Reservist Files Wrongful Termination Suit

An Air Force Reserve nurse is suing her former employer after losing her position shortly after telling her supervisor that she would be sent to Iraq for a four-month deployment.

Texas Toddler, Grandmother Killed in Propane Gas Fire in Mobile Home

An unidentified 2-year-old visiting her grandparents at their Reno, Texas home was killed when a 300-gallon propane tank in the backyard leaked gas into their mobile home. The resulting fire also killed her 44-year-old grandmother.

Classrooms at Massachusetts School Remain Closed as Air-quality Tests Continue

Nearly one month after air-quality tests revealed traces of tetrachloroethylene (PCE), three of the classrooms at Capuano Early Childhood Center in Sommerville, Massachusetts are still closed.

Michigan Family Agrees to $775K Settlement in Toxic Mold Suit

AT&T Development Inc., a Brighton building company, finally settled a lawsuit brought against them in 2004 by a Michigan family that was forced to leave their newly constructed home due to a toxic mold infestation.

Drug Case Dismissed After Prosecutor Admits Evidence Lost

The charges against a New York man accused of dealing drugs have been dropped after the Schenectady Police Department admitted that the confiscated drugs have disappeared.

Environmental Group Alleges Illegal Dumping by ExxonMobil, Files Intent to Sue

An environmental group filed a federal notice of an intent to sue Exxon Mobile yesterday, accusing the energy company of illegally dumping toxic waste into Newton Creek.

Elderly Missouri City, Texas Woman Survives Explosion That Completely Leveled Her Home

Ann Patterson Smith, 69, escaped the January 25 blast with only minor injuries. A natural gas leak is suspected as the cause of the explosion, felt miles away. Nothing is left of Smith's home but the chimney.

NBC Sports Executive Questions U.S. Charter Flight Oversight in Lawsuit

Dick Ebersol and his wife, actress Susan St. James, say passengers paying a premium for charter air travel may unknowingly be traveling on a flight without direct oversight by the government.

Antidepressants Linked to Increased Risk of Bone Fractures

A Canadian study has found that the use of selective serotonin reuptake inhibitors (SSRIs) like Zoloft, Prozac, Paxil, Celexa and Lexapro may double the risk of low-impact bone fractures in adults over the age of 50.

High-Profile Toxicologists, Lab Experts Hired in Chemical Exposure Suit Against Ford

Residents of Ringwood, New Jersey, have hired experts from the “Erin Brockovich” case a year into their multimillion dollar lawsuit against Ford Motor Co., hoping to prove the automaker is responsible for decades of illegal dumping and causing illness in the community.

Suit Filed against Eli Lilly on Behalf of Deceased Texas Woman

The Austin, Texas-based law office of Hissey Kientz has filed a lawsuit on behalf of a 39-year-old Austin woman who died from cardiac arrest as a result of pancreatitis. The suit claims Zyprexa was the cause.

Oxycontin, Vicodin, Other Narcotics Don’t Provide Long-Term Back Pain Relief, Study Suggests

A recent study suggests that Oxycontin, Vicodin, and other narcotic pain medications may not provide long-term pain relief for patients suffering from chronic back pain.

Pesticide Regulation Agency Benefits from Crackdown on Unpaid Fees

California Governor Arnold Schwarzenegger’s 2007 budget proposal calls for nearly $69 million for the state's Department of Pesticide Regulation – a 5 percent increase over last year. The boost is the result of a crackdown on unpaid pesticide-retailer sales fees.

New Study Links Dust, Exposure to Flame Retardant Chemicals

A recent study suggests that Americans are regularly exposed to the toxic chemicals used in flame retardants through ingestion of household dust, raising particular concerns about the potential impact on children.

Singer’s Career Allegedly Damaged by Dental Malpractice

A professional singer from Belleville, Illinois, has filed a lawsuit seeking damages for alleged failed dental work and dental malpractice by multiple dentists over a period of two years.

State Farm Settles Out of Court Days Before Trial

State Farm Fire & Casualty Company settled out of court with a Mississippi policyholder on Friday, avoiding a pending trial set to begin today. The Long Beach resident filed a suit against the company after his Katrina claim was denied.

Attorneys Renew Request for Katrina Class-Action Suit

After State Farm employees admitted they could not distinguish Hurricane Katrina winds from water damage, attorneys renewed their request on Wednesday for a class-action lawsuit in U.S. District Court.

Water Intoxication Death in Sacramento Radio Contest Followed by Family's Lawsuit

The family of a young wife and mother of three who died from water intoxication after participating in KDND-FM's water-drinking contest on Jan. 12 plan a wrongful death lawsuit. Show hosts "Trish," "Maney," and "Lukas" were fired.

Alabama Man Dies after Years-Long Fight against Benzene

An Alabama man died Wednesday after spending years trying to sue the benzene-producing company he blamed for his illness. His death follows a recent ruling that blocked his suit.

Illinois Whistleblower Claim Targets Doctors, MRI Testing Centers

The state of Illinois has recently joined in a qui tam suit targeting more than 20 radiology centers with allegations that they participated with local physicians in over-billing insurance companies to gain kickbacks.

Albuquerque Man May Face 33 Years for Fraud

Angelo Garcia pleaded guilty to 11 counts of securities fraud and one count of racketeering in a plea deal with attorneys after being named as a co-conspirator in federal corruption cases against two state treasurers from New Mexico.

Chemical Manufacturer and Ohio EPA Reach Settlement Over Air Pollution Violations

Chemical manufacturer will pay $310,000 in fines in a settlement reached last week for air pollution violations that occurred over the last five years at its plant in Cincinnati.

Former Cendant Exec. Sentenced in Fraud Case

Walter Forbes, the former Chairman of Cendant Corp. was sentenced this morning to serve 12 years and seven months in prison. He must also pay a $3.275 billion dollar fine in restitution for his role in the largest accounting scam of the 1990s.

Chicago-Area Resident Seeks $50,000 for Alleged Nursing Home Abuse

Rose Capriotti, an 81-year-old former nursing home resident, claims she was abused and neglected by staff at Prairie Manor Nursing & Rehabilitation Center during her two-month stay following a stroke in March of 2006.

Man Sentenced to 20 Years in Prison After DUI Death

In Richland County, South Carolina on Tuesday, 30-year-old Rodney D. Stacy was sentenced to 20 years in prison in the DUI death of a Hopkins woman.

School Official Recommends Reinstatement of Track Coach after Drug Charges Dropped

The drug possession charge brought against the girls track coach for Hudson, Illinois schools has been dismissed on a motion from the assistant U.S. Attorney, allowing the man to put the case behind him and return to coaching.

Glass Worker Claims Asbestos Exposure Caused Lung Cancer

A former mold-maker at Owen-Illinois Glass in Alton has filed a suit against 13 defendant corporations, alleging they negligently exposed him to asbestos that led to his lung cancer diagnosis.

Court Opens Possibility of Class Action against Merck

Panel of judges overturns earlier decision, instructs lower court to reconsider potential for class-action suit by plaintiffs seeking to have tests for heart ailments paid for by the manufacturers of Vioxx.

Ex-Comverse Exec to Pay $3 Million

Former Comverse Technology general counsel William F. Sorin has been ordered to pay the SEC $3 million in civil penalties, disgorgement, and prejudgment interest for a scheme to backdate stock options.

First Jury Award Issued over Prempro Claim

Ken Suggs, a lawyer representing Jenny Nelson, a woman who was diagnosed with breast cancer in 2001, argued that Wyeth, the manufacturer of the drug Prempro, downplayed the risk of breast cancer.

More than 18,000 Claims Settled by Eli Lilly for Nearly $500 Million

Eli Lilly, the company that manufactures Zyprexa, settled more than 18,000 claims from patients claiming the company did not properly warn of the increased risk of diabetes associated with the drug.

Parents File Lawsuit against Paxil Maker over Daughter's Birth Injury

The parents of Taylor Dismuke, a 6-year-old girl, are suing GlaxoSmithKline, maker of the antidepressant Paxil, claiming that the drug was responsible for their daughter’s debilitating heart malformation.

New Research Hopes to Uncover Connection between Antidepressants and Suicidal Behavior

The National Institute of Mental Health (NIMH) is funding five new research studies that will attempt to shed light on the connection between antidepressants and suicidal behavior.

Train Crash in Kentucky Unleashes Toxic Chemicals

The collision of four runaway rail cars into a parked locomotive has released a dangerous flammable liquid, prompting a limited evacuation in Irvine, Kentucky on Monday.

Judge Gives Green Light to Class-Action Suit against Costco

A gender discrimination suit from three female Costco employees has been expanded by a judge’s ruling, saying there is strong evidence of disadvantages to all female Costco employees.

Hospital Employee Awarded $1 Million in Medical Malpractice Case

After suffering improper treatment for a fractured ankle, a Montefiore Medical Center employee has received a $1 million settlement in her case against the New York hospital.

West Virginia Residents Sue Chemical Plant for Exposure to Toxins

Nine West Virginia families are suing the old Monsanto Company and eight of its successors for damages relating to personal injury, wrongful death, and other claims associated with exposure to dioxins/furans.

Lawsuit Alleges Benzene and Other Chemical Contamination of California Groundwater

An environmental advocacy group filed suit Jan. 11 in Los Angeles Superior Court against Southern California Gas Company, alleging benzene and other toxic chemicals leaking from the company's underground gas reservoirs have contaminated groundwater aquifers.

Former Hartford, Illinois, Couple Seeks $1 Million in Benzene Suit

On Jan. 2, Courtney and Jim Vostry filed a benzene lawsuit in Madison County Circuit Court naming 28 defendants.

IBM Settles Workplace Discrimination Suit

“Big Blue” has settled a gender discrimination suit with a Vermont woman who claimed she was fired as a result of behavior for which male employees were only given warnings.

Fraudulent Broker Scammed His Own Family

Robert M. Montani, of Valley Forge, New Jersey, pleaded guilty this week in federal court to charges of securities and wire fraud.

$1.2 Million Settlement Reached in Tractor-Trailer Accident

Lidio Ortiz was driving in Cleburne, Texas when he was struck by an 18-wheeler, resulting in serious head and back injuries. The truck's owners and the truck driver, who had made an improper turn, offered the settlement in January 2007.

Tennessee Doctors to Repay $2.9 Million for Fraud

42 cardiologists who are members of East Tennessee Heart Consultants (ETHC) have agreed to pay restitution and settlements after being found guilty of defrauding patients, insurance companies, the state of Tennessee and the U.S. Government.

Former CEO Could Face 25 Years for Securities Fraud

David McQuillin, former CEO of Aspen Technology Inc. faces criminal charges of conspiracy to commit securities fraud and one charge of securities fraud.

Georgia School District Settles Discrimination Suit

School administrators agree to allow gay student group to meet on school grounds, and will mandate bullying and sexual harassment training for school staff.

$16 Million Awarded in Florida Brain Surgery Malpractice Suit

Miami resident Lourdes Landis, 48, was awarded $16 million in a medical malpractice lawsuit after an alleged unnecessary surgery resulted in brain damage.

Dismissed “Apprentice” Contestant Sues Trump, Claiming Age Discrimination

Rejected contestant claims the real estate mogul and the show’s producers stand in violation of the Federal Age Discrimination Act.

Yale University Singing Group Attacked, Injured in San Francisco

Members of the Baker's Dozen, an all-male student singing group from Yale, were beaten by several assailants after a New Year's gathering, leaving one student with a broken jaw and others with a concussion or black eyes.

FDA Approves Celebrex for Treatment of Juvenile Arthritis

Pfizer’s COX-2 inhibitor, the only of its type not withdrawn from the market for safety reasons, has been given the green light as a treatment for the painful childhood disease.

Wichita, Kansas, Alters Handling of Drug Cases; Some Felonies Now Misdemeanors

People in Wichita, Kansas, who are found in possession of a small amount of narcotics are no longer hauled off to jail and are instead given a notice to appear before a misdemeanor court.

Drug Trafficking Charges Dismissed After Judge Says Search Not Warranted

A Massachusetts Superior Court judge has thrown out a cocaine trafficking charge that would have resulted in a minimum 15-year sentence, saying the arresting officer’s motor vehicle stop and subsequent search was improper.

Florida Gators' Victory Party Streaker Runs into Traffic, Suffers Serious Head Injury

An unidentified man streaking in Gainesville, Florida after the University of Florida's BCS National Championship win on January 9 ran out into traffic, incurring a possibly life-threatening head injury when he was hit by a car.

State Farm Battered by Storm of Litigation

As State Farm defends its denial of a Mississippi couple's claim for the Hurricane Katrina–caused destruction of their home, the insurer is also negotiating a multimillion dollar settlement to cover thousands of other lawsuits.

LATCH Child Safety System Dangerously Underused

A recent NHSTA study concludes that the effectiveness of the LATCH child restraint system is being undermined because parents either do not know about the system, or do not understand how to use it properly.

21-Year-Old Man Sentenced to Prison for DUI Death

In Ballston Spa, New York, Joshua Halse was sentenced to 1 1/3 to four years in state prison for killing a jogger while driving drunk and high on marijuana.

NHTSA Seeks to Reduce Back-Over Fatalities

The National Highway Traffic Safety Administration recently presented to Congress the preliminary findings of their study on technologies that are designed to reduce back-over crashes, focusing on the problem of drivers backing over small children.

Utah Couple's SUV Explosion a Probable Suicide

Duston Riley, 26, and his ex-wife Andrea Riley, 27, of Farmington, Utah, died on Jan. 6 in their SUV after Duston sprayed gasoline into it and apparently set it on fire while sitting inside it.

Prosecutors Drop Drug Smuggling Charges against Man with Low IQ

A man with the mental capacity of a 7-year-old is free after his lawyer argued his IQ is low enough for someone to dupe him into smuggling drugs.

Woman Faces 10 Years in Prison for Fatal DUI Crash

In Belvidere, Ill., 28-year-old Kristy Villanueva faces up to 10 years in prison when she is sentenced on Jan. 30. On July 3, she ran down six pedestrians, killing one and critically injuring the others.

Search Continues for Indonesian Plane Crash Victims

The search continues for passengers who boarded the Adam Air Boeing 737-400 on Jan. 1, headed for Manado on Sulawesi Island, Indonesia. After two distress signals were issued from the plane, communications were lost and the plane went missing.

Student Mistakenly Held on Drug Charges Settles Civil Suit for $180,000

A student from Bryn Mawr College who was wrongly held on drug charges has settled her civil suit against the city of Philadelphia for $180,000.

Couple Files Malpractice Suit after Complications from Birth

A couple in Sanbornton, New Hampshire, has filed a malpractice suit against Dr. Anita Krishna Das, alleging that the obstetrician and gynecologist provided negligent care after the birth of their firstborn child in Oct. 2002.

Settlement Reached over Fatal Brain Hemorrhage from Disneyland Ride

The Walt Disney Co. recently settled a lawsuit brought by the family of Cristina Moreno, who suffered a fatal brain injury after going on the Indiana Jones Adventure ride at the Anaheim, California Disneyland in June 2000.

EPA Cuts Back Rules for Reporting Toxic Emissions

The federal Environmental Protection Agency has decided to alter the rules related to the Toxic Release Inventory reports many companies must file. EPA officials defend the change, but some groups claim the public will lose out in the long run.

New California Law Requires Parent Notification of Pesticide Use near Day-Cares

A new law requires all California day-care centers to give parents notice before any pesticides are sprayed at or around the childcare facility. The law, which went into effect Jan. 1, applies to approximately 600 centers across the state.

New Mexico Man Pleads Not Guilty to Drug Charges

Ricky Green of Carlsbad, New Mexico, pleaded not guilty to three counts of federal drug charges after agents seized crack cocaine, methamphetamine, heroin, marijuana, and a loaded weapon at his home.

15th Cancer Suit Filed against Illinois Chemical Plants

A former McCullom Lake area resident with brain cancer is the 15th individual to file suit against four Ringwood companies over alleged groundwater contamination.