Archive for May, 2008
Saturday, May 17th, 2008
Deadly diet medication Fen-phen lawsuits have been ongoing for over 7 years was initially thought to have settled for 60 million USD. However, recent information shows that lawyers for the plantiffs in this legal action may have pocketed in excess of 150 million dollars.
A federal action has been filed against Melbourne Mills Jr., Shirley Allen Cunningham Jr. and William Gallion and the lawyers for those affected by Fen-Phen may be facing 20 years of federal prison time for fraud.
The original $50 million dollar settlement called for the 440 plantiffs to receive the following:
…about $500 in reimbursement for drug costs; a free echocardiogram; and either $6,000 in cash or $10,000 worth of medical follow-up…
However, according to court documents, one plantiff received over $600,000 in a cash settlement for opting out of the class-action case. The testifying of one of the under-attorneys in the case suggested that all plantiffs received considerably more than the original amount, but still far short of the $200 million that was given by the court-ordered class-action settlement.
This is the type of case that, unfortunately, leads to tort reform that hurts people involved in drug lawsuits. However, it will play out in the court system and the eventual findings and sentencing should set the record straight.
http://www.kentucky.com/779/story/407547.html
Source: Lexington Herald
Posted in Class Action Lawsuits, Fraud, Prescription Drug Lawsuits | No Comments »
Thursday, May 15th, 2008
Medical liability lawsuits are something that now hits closer to home for actor Dennis Quaid. Last year, Quaid almost lost his twin newborns when they were given a dose of blood thinner mistakenly since the bottles were stored close to the correct drugs. This was a problem previously noted by several others in civil lawsuits, but ignored by Baxter Labs and the labels remained unchanged.
Quaid testified in a congressional hearing to discuss product liability lawsuits against drug manufacturers and possible reforms in the area that could allow courts to step in and limit drug lawsuits. In his testimony, Quaid said:
“I believe if preemption of lawsuits is allowed to prevail, it will basically make all of us, the public, uninformed and uncompensated lab rats…”
Baxter maintained that what happened to the children, a dosage of Heparin that was 1000 times the normal recommended dose, was caused by human error. However, with previous complaints filed that the medication was packaged too closely to other drugs going unheard, the onus falls squarely on the manufacturer.
The drug manufacturer claims it did not recall older bottles because it would have caused a shortage of its blood thinning medication, which is a lame excuse at best. The fact that the FDA wants to step in and limit the potential liability of drug makers is preposterous. As Henry Waxman said in this hearing:
“One of the most powerful incentives for safety — the threat of liability — would vanish.”
http://www.reuters.com/article/healthNews/idUSN1453209520080514
Source: Reuters
Posted in Prescription Drug Lawsuits, Product Liability | No Comments »
Thursday, May 15th, 2008
In November, Bayer pulled it’s anti-bleeding drug off the market due to reports from studies that it caused up to 22,000 deaths from people who were taking it. Now, a recent study’s results released on Wednesday confirms that Trasylol indeed is a definite risk to those who took it for its clotting properties when undergoing open heart surgery.
The New England Journal of Medicine released studies that an incredible 6% of those who took Traysol died within 30 days of their surgeries, and the drug itself increases a mortality rate of up to 50%. Compared to other medications that were used previously to Trasylol’s release, this is a death rate increase of 2%. This study proves that this next-generation medication actually does more harm than good for those undergoing surgical procedures.
Incredibly, this prescription medication for bleeding costs $1,400 per dose, or $1,390 more than the older, safer drug; bringing into question the company’s motives for releasing the drug so quickly into market and its reluctance to admit it’s fault.
While it is noncommittal to whether its medication will return to the market, Bayer is now fighting off 83 lawsuits related to Trasylol prescription drug usage with more likely to follow.
http://online.wsj.com/article/SB121080806023693335.html
Source: Wall Street Journal
Posted in Prescription Drug Lawsuits, Trasylol | No Comments »
Tuesday, May 13th, 2008
Rosalie Fair works at a Starbucks in Clearwater, Florida and was incorrectly linked to a group of Scientology protesters named in a civil suit by the Church of Scientology. The lawsuit seeks to keep all members of an internet protest group, Anonymous, 500 feet away from any of the many Scientology buildings in the Clearwater area.
The church claims they have been facing worldwide harassment by members of the group and they are taking the threats seriously.
“The problem we have is that people are hiding behind Anonymous,” Harney said. “We have thousands of people here we have to protect.”
Fair, however, claims that since most of her patrons are members of the Church of Scientology, she wanted nothing to do with the protests and is not a member of the internet group named in the lawsuit.
The court system in Florida, however, failed to find any ties between the 26 people named in the civil lawsuit and the group Anonymous, and in striking down the suit, pointed out that while the court is mindful of the threat of violence against Scientologists, there must be a connection between the threat and imminent danger.
http://www.tampabay.com/news/courts/civil/article416511.ec
Source: St. Petersburg Times
Posted in Civil Lawsuits | 1 Comment »
Sunday, May 11th, 2008
Shad Nicks was riding his motorcycle on Nebraska US Highway 6 in April when things went terribly wrong. An opposite bound car crossed over the median and hit Nicks, killing him. Now, his family is filing an 8.5MM USD civil lawsuit against the State of Nebraska.
Initial civil findings in court allowed for the legal filing process to continue after finding that the area where Nicks was killed was, indeed, dangerous and not addressed despite several complaints. The construction area where Nicks was hit was not secured properly.
“It’s not something that I think is wrong, or that his spouse thinks is wrong,” Blakeman said. “It’s something that a national expert thinks is wrong.”
The case is currently under investigation and suggestion for a settlement is expected within six months or the case can continue into the court system for trial. The other party in the accident, Heather Henning, carries a total of insurance for $25,000. Without a legal settlement, the family of Nicks would be without any source of income and his surviving three children without any hope of future earnings or savings from a father.
http://www.omaha.com/index.php?u_page=2798&u_sid=10331989
Source: Omaha World-Herald
Posted in Civil Lawsuits | No Comments »
Sunday, May 11th, 2008
A large-scale civil lawsuit was settled against several of the large, American oil companies stemming from groundwater contamination.
MTBE, or Methyl-Tertiary Butyl Ether, was supposed to be a safe additive to gasoline products to raise the octane levels of gasoline by oxygenating the gas product. However, what was not known was the level of contamination in groundwater it could cause if it seeped into the ground. Over the past several years, several areas’ groundwater supplies have been tainted and polluted by MTBE. Recent EPA studies have found that MTBE causes cancer at high levels in lab animals.
What was originally singular lawsuits across 17 different states was combined into one single Federal case and with the assistance of Weitz & Luxenberg attorneys was brought to light. The settlement includes a 30 year cleanup plan for contaminated groundwater wells and share amongst those involved with the lawsuit.
“We look forward to trying the case against Exxon Mobil,” said Gordon. “It is not right that the most profitable corporation in the history of the world can contaminate our drinking water knowingly, and then expect the taxpayers to clean up their mess.”
Excluded from this lawsuit was the Exxon-Mobil company and five smaller firms, which have pending civil and class action lawsuits against them from the same firm.
http://www.centredaily.com/business/story/581039.html
Source: Centre Daily Times
Posted in Civil Lawsuits, Environmental Law, Product Liability | No Comments »
Saturday, May 10th, 2008
In Tennessee, an unlikely place for an oil well, a man was ignited in March while driving by a drill site as it exploded. Now, it appears Jonathan Vann is filing a 4.5MM USD Civil Suit against Dan Potts, owner of the well.
The owner, Potts, was already cited for drilling too deeply, safety violations and other sundry issues involving his speculating area. Now, it appears that his very life’s savings is at stake in this Lawsuit. Vann is claiming permanent and seriously debilitating burns on his body as the root of the Civil action.
The cause of the explosion and subsequent fire is cited as leaking oil from the well.
http://www.wsmv.com/news/16226688/detail.html
Source: Channel 4, Tennessee
Posted in Civil Lawsuits | No Comments »
Saturday, May 10th, 2008
Imagine this: A beautiful wedding with cake, flowers, photos and guests provided by a company that sets everything up for you. Now, imagine it’s all part of an elaborate immigration fraud ring. This is the case in an FBI sting operation that nailed over 80 people in Florida.
Four companies specializing in international matchmaking and marriages were followed closely by the FBI and eventually busted. The companies included All Kind Services, A-3 Services, American Solutions & Services and Power of Attorney.
The company would receive $10,000 USD and offer US citizens $2,500 to serve as either a bride or groom. The company would then coach immigrants and citizens on how to pass the immigration questions, all leading to eventual green cards for residency based on a total fraud.
What’s laughable is that there was even a fake wedding cake made of cardboard and silicone to help perpetuate the fraud of marriage. More arrests are expected in this case, and lawsuits from the American citizens involved in this scam could start cropping up any day now.
“What we’ve seen in the past generally is that a person will meet someone, that person might be desperate for some money, willingly engage in a sham marriage and then they go their own ways,” O’Neill said. “Here, you can see this was much more sophisticated. They incorporated businesses, they obviously sought out people, people came in.”
http://edition.cnn.com/2008/CRIME/05/09/marriage.fraud.ap/
Source: CNN.com
Posted in Fraud, Immigration Fraud | No Comments »
Monday, May 5th, 2008
In California, courts ruled that a Civil Lawsuit could, indeed, be filed against the surgeon who is accused of hastening an organ donor’s death so that their organs could be harvested and subsequently implanted into waiting recipients.
In the suit, Dr. Hootan Roozrokh is accused of administering a fatal dose of morphine to a patient who was in a coma to bring his death to fruition quicker. Dr. Roozrokh was an employee of Kaiser Permanente and was on-site to handle the organ transfer once the patient had expired.
In the fact finding of this civil case, it was observed that Dr. Roozrokh ordered three doses of morphine injected into his patient’s IV within 15 minutes; despite the fact that the patient was already in a coma and not in any obvious pain. The patient, Ruben Navarro was not brain dead yet faced a definite poor prognosis for recovery.
The question that remains, and that this case will hinge on, is whether there was any level of criminal negligence on the part of Dr. Roozrokh and whether that negligence would be grounds for a civil lawsuit penalty. Since his arrest in February, the Doctor has been mounting a rigorous defense
http://www.ama-assn.org/amednews/2008/05/12/prca0512.htm
Source: AMNews
Posted in Civil Lawsuits, Medical Malpractice | 1 Comment »
Monday, May 5th, 2008
After months of legal wrangling, the defense contracting company Herley pled guilty to two counts of financial impropriety and agreed to pay the Federal Government 9.5 million USD to settle a civil lawsuit.
Once the company agreed to pay 6MM in penalties and 3.5MM in fine, the government not only dropped over 30 other counts against the company but also withdrew its lawsuit against them.
Herley was accused of making false and fraudulent statements that misled government industries into overpaying for their defense contractor services. News of the settlement drew sharp criticism from those in the industry, but the stock market applauded and sent Herley stock soaring up 20% on Monday.
http://www.centralpennbusiness.com/article.asp?aID=66005
Source: Central Penn Business Journal
Posted in Civil Lawsuits, Financial Fraud | No Comments »
Sunday, May 4th, 2008
Merck, maker of Vioxx and owner of a $4.5 Billion USD payout for the same medication’s class-action and private lawsuits is now facing greater scrutiny from the Food and Drug Administration at every turn. Within the past three weeks, Merck has had to deal with two of its experimental prescription drugs being rejected by the FDA at the hint of trouble, and now they are being ordered to complete significant cleanup at their plants.
Shares of Merck are down over 30% since last January when their cholesterol-fighting drug, set to be the next generation of Zocor, was deemed “unapprovable” by regulators. The medication, named Cordaptive, cleared trials but was rejected on the grounds that it was no better and more expensive than other medications. This has caused a financial ruckus that has caused Merck to cut over 7,000 jobs.
Not since Merck was forced to pull Vioxx has the market turned so sour for them. One can only point at their history and the egg-on-the-face look that the FDA got from passively approving so many other prescription medications from the company that have backfired and caused countless prescription Drug lawsuits.
http://finance.sympatico.msn.ca/investing/news/businessnews/article.aspx?cp-documentid=7121644
Source: MSN Canada
Posted in Prescription Drug Lawsuits | No Comments »
Sunday, May 4th, 2008
South Dakota Comfort Inn owners Robert and Angelina Farrell were convicted of 22 mixed counts of forced labor and peonage, or forced working in an unfair labor market. Now, it appears that Choice Hotels, the owners of Comfort Inn’s franchise, may be also at fault for not having more stringent guidelines and managing their hotel owners more closely.
Four Filipino workers have filed a civil lawsuit against Choice Hotels and the Farrells personally claiming unspecified damages for their suffering at the hands of the Comfort Inn owners. Choice Hotels denies any wrongdoing or liability involved in this case. As good franchisees, however, the Farrells have requested that the civil lawsuit against the parent company be dropped and only they be named as defendants.
In addition to these legal labor issues, the Farrells also were convicted of visa fraud and false statements. Settlement may be imminent, but the fact that a labor lawsuit of this magnitude occurs in this day and age is shameful, at best.
http://wkbt.com/Global/story.asp?S=8269089
Source: WKBT, LaCrosse
Posted in Civil Lawsuits, Immigration Fraud | 3 Comments »
Saturday, May 3rd, 2008
Ritalin has been used for ADHD treatment for many years and, in that time, has been linked to all types of medical disorders from suicide to heart concerns in adults and teens.
Now, it appears that Ritalin and other medications in its family are being linked to heart problems in younger children. The American Heart Association says that Ritalin type medications raise blood pressure and that kids taking it can be subject to sudden cardiac arrest.
Studies have shown cardiac arrest in 19 children, and on top of that over 25 kids have had strokes and other heart ailments.
Estimates place school-aged children that have ADHD between 4 and 12 percent in the United States alone, and the industry is a $5 billion cash cow for pharmaceutical manufacturers every year. Using a stimulant can help focus ADHD sufferers and keep their emotions in check, but it appears there can be a high price to pay when using Ritalin.
http://technews.iit.edu/index.php?id=1044
Source: IIT.edu
Posted in Prescription Drug Lawsuits, Ritalin | No Comments »
Saturday, May 3rd, 2008
Now defending itself in 78 lawsuits since pulling Trasylol blood thinner from the shelves in November, Bayer is in a world of trouble.
After Canadian research found links between Trasylol and unnecessary deaths when using it for blood thinning, the FDA relented and agreed in September 2007 that the medication was in need of a recall. What makes this case worse is that Traysol was known, for years prior to its recall, to be a possibly deadly medication. According to a cited statistic, 22,000 lives may have been lost as a direct link to Trasylol use in open-heart surgeries.
In typical fashion of Big Drug manufacturers, Bayer responded by saying:
“the available data continue to support a favorable risk-benefit profile for Trasylol when used according to labeling.”
Bayer, it appears, will need an aspirin for this legal headache.
http://www.newsinferno.com/archives/2986
Source: NewsInferno
Posted in Prescription Drug Lawsuits, Trasylol | No Comments »
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