| | If you have a medical malpractice case (but not a death case) that can be filed in the U.S. District Court in Marshall, please email Steve Pershing at Steve.Pershing@cclfirm.com. |
| | Kentucky law prevents spouses whose loved ones died in a 2006 Comair plane crash from receiving damages for loss of fellowship, a judge has ruled. District Judge Karl Forester’s ruling limits possible damages to pain and suffering and economic losses but does not rule out the possibility of punitive damages. Kentucky is one of four states that does not allow damages for loss of companionship. AP, San Diego Union Tribune 01/05/2008 | |
| | Mortgage lenders should pay $99 million in punitive damages to borrowers who were charged excessive fees on second mortgages, a Missouri jury ruled late last week. Jurors found that Residential Funding Co. LLC, Household Finance Corp. III and Wachovia Equity Servicing LLC purchased the second mortgages from a lender that charged fees that violated the state’s Second Mortgage Act. The jury had previously ordered the lenders to pay $5.1 million in actual damages. Dan Margolies, Kansas City Star 01/04/2008 | |
| | A key provision of the $4.85 billion Vioxx settlement has been challenged by attorneys representing thousand of consumers who claim they were injured by the drug. Attorneys filed court papers Thursday asking a district court judge to consider whether a provision that requires attorneys to advise all of their clients to accept or reject the deal could be enforced in all states. The attorneys who negotiated the settlement said they expect the settlement to be withdrawn. Michael Kunzelman and Linda A. Johnson, Yahoo News 01/04/2008 | |
| | A retired judge who helped develop the plan for how West Virginia manages asbestos claims is urging lawmakers not to enact legislation that proposes changes to that plan. Judge Andrew MacQueen told a judiciary subcommittee that the law, which would create new standards for the handling of evidence and the review of medical records, was ill-conceived and unnecessary. AP,Charleston Daily Mail 01/07/2008 | |
| | A California appeals court has agreed to revisit an issue that allowed policyholders who claimed their health coverage was wrongly cancelled to pursue class action claims against their insurer. Blue Shield of California requested that the Court of Appeal in Los Angeles rehear arguments on whether insurers may cancel policies for application omissions or misstatements discovered after the policyholder has filed a claim. The court previously ruled that the practice, known as post-claims underwriting, was strictly prohibited by state law. Lisa Girion, LA Times 01/05/2008 | |
| | The Florida Medical Association is asking state lawmaker to consider increasing the amount of money doctors can charge for copies of medical records. Doctors contend that the current charge to copy patient files, which is $1 per page for the first 25 pages and 25 cents thereafter, is too low. Consumer advocates argue that the proposed hike would hurt patients with high medical costs while plaintiff attorneys have characterized it as a backdoor strategy to avoid malpractice claims. Bob Lamendola, Orlando Sentinel 01/06/2008 | |
| | Jury selection is scheduled to begin today in a lawsuit that accuses a Burlington Northern Santa Fe-owned railroad tie factory of poisoning the residents of a small Texas town. In the lawsuit, Linda and Donnie Faust allege that dangerous chemicals released by the plant contributed to Linda Faust’s stomach cancer. Other lawsuits filed against Burlington Northern Santa Fe claim that the plant has caused cancer, birth defects and other serious ailments. Brenda M. Case, The Dallas Morning News 01/07/2008 | |
| | A group of plaintiffs who claim they were injured by asbestos-laden products made by Dana Corp. has appealed the company’s bankruptcy reorganization plan. The plaintiffs claim that the reorganization plan, which was confirmed by a bankruptcy judge last month, does not set aside enough money to settle all asbestos-related claims against the company. Thus far, the auto-parts supplier has agreed to pay $2 million to settle injury claims filed by about 7,500 people. AP, Yahoo News 01/04/2007 | |
| | A new study has found that so-called antipsychotic drugs used to treat aggression in intellectually disabled people housed in mental health facilities and nursing homes failed to show benefits for most patients. According to researchers, placebos showed equivalent or better results when compared to the drugs Risperdal and Haldol. Risperal, Haldol and similar drugs account for more than $10 billion in worldwide annual sales. Benedict Carey, The New York Times 01/04/2008 | |
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