HEALTH CARE ROUNDUP
• Crash Victim's Family Wins $11 Million in Florida Seat Belt Case
• Judge Cuts $134M Judgment in Wyeth Case
• Mold Threatens Miami Courthouse
• Airline Disputes Cousin's Story of Death
• Katey Sagal Testifies in Ritter Case
• 70 Tons of Meat Recalled by Government
• USDA Sued Over 'Downer' Cow Rules
• Study Suggests Antibiotics Are Overused
FDA ACTIONS
• Nexium Approved for Kids
• More Fentanyl Patches Recalled
RECENT CASE SUMMARIES
• Riegel v. Medtronic
• Ticconi v. Blue Shield of California Life & Health Ins. Co.
• Stalley v. Methodist Healthcare
• Dewitt v. Proctor Hosp.
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HEALTH CARE ROUNDUP:
CRASH VICTIM'S FAMILY WINS $11 MILLION IN FLORIDA SEAT BELT CASE
(Andrews Publications) - A Florida jury has awarded the parents of an accident victim $11 million in damages, finding that 25-year-old Scott Laliberte's death was caused by faulty seat belts in a 2000 Mitsubishi Montero. Read more...
Related Resources
• W. Hampton Keen Represented the Family
JUDGE CUTS $134M JUDGMENT IN WYETH CASE
(Associated Press) - Citing concerns that "passion and prejudice" inflated the verdict, a judge Tuesday slashed a $134 million jury award to three Nevada women who claimed a drug made by Wyeth caused their breast cancer. Washoe County District Judge Robert Perry granted the drugmaker's motion to find the damages excessive. He ordered them reduced to about $58 million total - $23 million in compensatory and $35 million in punitive damages. Read more...
Related Resources
• Defective and Dangerous Products
MOLD THREATENS MIAMI COURTHOUSE
(Associated Press) - A federal judge has closed portions of Miami's historic downtown courthouse after a report identified widespread mold infestation and ongoing water leaks, with one part of the basement termed "disgusting" by inspectors. Read more...
Related Resources
• Mold: Your Legal Rights
AIRLINE DISPUTES COUSIN'S STORY OF DEATH
(Associated Press) - American Airlines on Monday insisted it tried to help a passenger who died after complaining she couldn't breathe, disputing the account of a relative who said she was denied oxygen and that medical devices failed. Read more...
KATEY SAGAL TESTIFIES IN RITTER CASE
(Associated Press) - The jury in the John Ritter wrongful-death trial heard testimonials Tuesday from his TV co-star, agent, personal assistant and son, who praised the actor as a kind, loving and funny man facing a bright future at the time of his death...he testimony of the four witnesses was offered to support an enormous damage claim by Ritter's family - $67 million - from a cardiologist who treated him the night he died and a radiologist who administered a body scan two years earlier. Plaintiffs' attorneys claim both doctors were negligent in failing to diagnose an enlarged aorta. Ritter ultimately died of a dissected, or torn, aorta that was misidentified as a heart attack. Read more...
70 TONS OF MEAT RECALLED BY GOVERNMENT
(Associated Press) - An undercover video showing crippled and sick animals being shoved with forklifts has led to the largest beef recall in the United States and a scramble to find out if any of the meat is still destined for school children's lunches. Read more...
USDA SUED OVER 'DOWNER' COW RULES
(Associated Press) - The Humane Society of the United States has filed a lawsuit against the government alleging that a legal loophole allows so-called "downer" cows to get into the food supply. Read more...
Related Resources
• Food Poisoning: Your Legal Rights
STUDY SUGGESTS ANTIBIOTICS ARE OVERUSED
(Associated Press) - A woman dying of Alzheimer's has a fever. Should she be given antibiotics? Many people would say yes. But a provocative new study suggests that antibiotics are overused in people dying of dementia diseases and should be considered more carefully because of the growing problem of drug-resistant superbugs. Read more...
FDA ACTIONS:
NEXIUM APPROVED FOR KIDS
(Associated Press) - The Food and Drug Administration has approved use of the drug Nexium in children aged 1 to 11 who have acid reflux disease. Read more...
MORE FENTANYL PATCHES RECALLED
(Associated Press) - - Patches containing the prescription painkiller fentanyl were recalled for the second time in a week Monday, because of a flaw that could cause patients or caregivers to overdose on the potent drug inside. Read more...
RECENT CASE SUMMARIES:
RIEGEL V. MEDTRONIC
(U.S. Supreme Court, Feb. 20, 2008) - The pre-emption clause enacted in the Medical Device Amendments of 1976 (MDA) bars common-law claims challenging the safety or effectiveness of a medical device given premarket approval by the Food and Drug Administration (FDA). Read more...
TICCONI V. BLUE SHIELD OF CALIFORNIA LIFE & HEALTH INS. CO.
(Cal. App. Dist., Feb. 27, 2008) - In a suit against plaintiff's health insurance provider defendant-Blue Shield under the Unfair Competition Law alleging it violated the Insurance Code by failing to attach his application to or endorse it on the insurance policy when issued, and later rescinding the policy on the ground he had made misrepresentations in that application, denial of plaintiff's motion to certify a class under Proposition 64 is reversed where the trial court relied on erroneous legal assumptions in ruling that the individual issues raised by the defenses of unclean hands and fraud predominated over the common issues pertaining to liability. Read more...
STALLEY V. METHODIST HEALTHCARE
(U.S. 6th Cir., Feb. 28, 2008) - In a suit alleging that defendants all violated the Medicare Secondary Payer Act (MSP), dismissal of the claims is affirmed where the MSP is not a qui tam statute, and there was no basis upon which to find that plaintiff could otherwise demonstrate standing. Read more...
DEWITT V. PROCTOR HOSP.
(U.S. 7th Cir., Feb. 27, 2008) - In a suit against a hospital alleging multiple forms of discrimination, summary judgment for defendant is affirmed in part and reversed in part where: 1) plaintiff did not sufficiently support her age and gender discrimination claims; 2) plaintiff did establish, however, that direct evidence of association discrimination may have motivated defendant in its decision to fire her; and 3) a reasonable jury could conclude that defendant retaliated against plaintiff in violation of ERISA by firing her to remove the cost of her husband's healthcare expenses. Read more...
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