TTLA EClips
October 15, 2007
 
 
This Service Sponsored Exclusively by
The James Street Group
 
 
ANNOUNCEMENTS
 
Register today for the 2007 Annual Conference Events, November 28-30 at the historic Driskill Hotel in Austin. CLE programs offered: Commercial Litigation, Medical Malpractice, Advanced Nuts and Bolts, and Car Wrecks. Also includes Annual Board & Membership Meeting, Committee Receptions, President's Luncheon, Women's Initiative Luncheon, Annual Fundraiser Party, Texas Hold 'em Tournament and more. Go to www.ttla.com to learn more about the Conference or contact Rhonda High at rhonda@ttla.com or 512-476-3852.  
 
LAWS/CASES
 
Massachusetts jury has awarded $26 million to the family of a boy who suffered severe brain damage during a botched delivery. The jury found that two doctors at the Brigham and Women’s teaching hospital were negligent for injuries that left the boy unable to walk, talk or feed himself. Last week’s verdict is believed to be one of the largest medical malpractice awards in state history.  Jessica Fargen, Boston Herald  10/13/2007
Read Article: Boston Herald    
 
Investment bank Morgan Stanley will pay $46 million to settle charges that the company discriminated against female employees. The lawsuit was filed by six female financial advisers and trainees who alleged they were discriminated against in compensation, promotion, work assignments and other areas. The settlement, approved last week by a federal judge, covers approximately 3,000 workers employed by Morgan Stanley between 2003 and 2007.  AP , Forbes  10/11/2007
Read Article: Forbes    
 
Florida man will receive $7 million for his claim that the acne drug Accutane caused him to suffer from severe gastrointestinal disease. Jurors found that the drug’s maker Hoffman-La Roche Inc. failed to warn the plaintiff that Accutane could cause inflammatory bowel disease. Representatives for Hoffman-La Roche said the company plans to appeal the verdict.  AP, San Diego Union Tribune  10/12/2007
Read Article: San Diego Union Tribune    
 
Jurors have rescinded $100 million in compensatory damages against pharmaceutical company Wyeth after conceding that the original award included damages intended to punish the drug maker. Three Nevada women who claimed that they developed breast cancer after taking a Wyeth hormone replacement therapy will now split $35 million. The jury will return to deliberations Monday to consider possible punitive damages against Wyeth.  Sandra Chereb, Law.com  10/15/2007
Read Article: Law.com    
 
The families of 10 people who died in a grisly tractor-trailer accident nearDallas have agreed to settle their lawsuit against the truck’s driver and owners. Attorneys for the families reached the settlement days before jury selection was to begin in district court. The original lawsuit, filed by the Manuel Esperanza, had sought $75 million in damages. The terms of the settlement were not disclosed.  AP, Houston Chronicle  10/14/2007
Read Article: Houston Chronicle    
 
ISSUES
 
Offset rules, which allow state agencies to recoup money from indigent patients who have a change in financial circumstances, are being criticized by attorneys as a violation of First Amendment rights and for creating a chilling effect on legitimate litigation. Such was the case for a Washington D.C. man whose family was hit with a $2.2 million medical bill after they filed a lawsuit against the city for negligence. According to experts, offset rules are becoming increasingly common as city and state officials try to limit potential liability for patients under their care.  Ian Urbina, The New York Times  10/14/2007
Read Article: The New York Times    
 
PRODUCTS
 
The recent recall of Banquet-brand chicken and turkey pot pies has raised safety concerns for other microwavable meals that may pose health threats if they are not cooked long enough. Variances in the power of many microwaves make it difficult for consumers to know whether they have cooked their meals properly. ConAgra, the maker of the Banquet pot pies, has acknowledged that their cooking instructions may be unclear and says it is working to clarify them.  Andrew Martin, The New York Times  10/14/2007
Read Article: The New York Times    
 
Doctors are being warned to stop using a component in a popular model of heart defibrillator because of a defect that may have contributed to five deaths. The problem lies with an electrical wire in the Sprint Fidelis, manufactured by Medtronic, which can cause the device to deliver an unnecessary electrical shock to the heart or fail to deliver one when necessary. According to estimates by Medtronic, 4,000 to 5,000 people would experience a problem with the wire during the first 30 months after implantation.  Barnaby J. Feder, The New York Times  10/15/2007
Read Article: The New York Times    
 
The Food and Drug Administration is investigating claims by a consumer advocacy group that a number of popular brands of lipstick contain hazardous levels of lead. According to the Campaign for Safe Cosmetics, tests conducted by an independent lab revealed one-third of red lipsticks contained lead levels that exceeded the FDA standard for candy. The trade association representing the cosmetics industry acknowledged the presence of lead in some lipsticks but called the amounts negligible.  AP, Seattle Times  10/13/2007
Read Article: Seattle Times    

 
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