| | 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. |
| | An Oklahoma appeals court leveled a second blow in less than a year Thursday to so-called lawsuit reform proponents, striking down a statute designed to limit medical malpractice litigation. The Oklahoma Civil Court of Appeals found that the 2003 statute placed a greater burden on medical malpractice plaintiffs than that placed on other plaintiffs. In 2006, the Oklahoma Supreme Court struck down a similar measure finding that it created unnecessary barriers in medical negligence cases. Barbara Hoberock,Tulsa World 01/12/2008 | |
| | An Illinois farm worker filed a lawsuit last week that accuses Georgia-based CryoLife Inc. of providing contaminated cadaver tissue for a knee operation. According to the lawsuit, filed in Atlanta, the contaminated tissue caused injuries that prevent the man from working and will require him to take pain medication for the rest of his life. CryoLife has settled numerous lawsuits in recent years stemming from alleged tissue contamination and recalls. Bill Hendrick, Atlanta Journal-Constitution 01/12/2008 | |
| | The city of Cleveland filed a lawsuit last Thursday accusing firms such as Citigroup, Bank of America, Wells Fargo and Countrywide Financial of playing a major role in the subprime mortgage collapse that has left thousands of abandoned homes in that city. Cleveland city officials hope to recover damages associated with the cost of maintaining the boarded-up homes. The lawsuit, filed under a state public nuisance law, is separate from a lawsuit by the city of Baltimore against Wells Fargo. Christopher Maag, The New YorkTimes 01/12/2008 | |
| | Most legal experts agree that the city of San Francisco and the San Francisco Zoological Society will face an uphill battle defending any lawsuits that may be filed over last year’s tiger attack at the zoo. Like other ultra-hazardous activities, the keeping of dangerous animals places most of the potential liability on the zoo. However, San Francisco Zoo officials are hoping that a 1952 ruling will help deflect some of that liability. Bob Egelko, San Francisco Chronicle 01/13/2008 | |
| | A West Virginia judge has granted class action status for two lawsuits that claim that a former Monsanto Co. chemical plant released dangerous contaminants into two neighboring communities. In the lawsuits, current and former residents of Nitro, Manila and Heizer Creek allege that the company dumped waste containing dioxin, contaminating local properties and streams. The lawsuits seek damages to pay for the clean up of contaminated properties, medical monitoring funds and punitive damages. Staff, The Herald-Dispatch 01/12/2008 | |
| | Ingersoll-Rand Co. Ltd. announced Friday that it has set aside $449 million to help cover pending and future asbestos-related claims. The company said the majority of that money will be used to cover future nonmalignancy and mesothelioma claims. The diversified manufacturing company has resolved more than 200,000 complaints in the last 25 years stemming from the production of asbestos containing products. Reuters, Reuters 01/11/2008 | |
| | Later this year, the Virginia Supreme Court is expected to rule whether tax-exempt physician foundations should be exempt from medical malpractice litigation. Proponents of the so-called charitable immunity doctrine argue that it would help such institutions attract better doctors and provide quality care for all patients. Plaintiff attorneys contend that the doctrine would unfairly shield powerful organizations, such as medical schools, whose primary goal is profit. Both sides agree that it is the most important medical malpractice issue heard by the state supreme court in the last decade. AP, Richmond Times-Dispatch 01/13/2007 | |
| | Employers are increasingly turning to audits in order to ensure that employees and their dependants are eligible to receive healthcare benefits. Companies cite the rising cost of healthcare and cost saving measures as reasons behind the rise of such reviews. However, employees who have gone through audits have complained that the process can easily become unfair and heavy handed. Katherine Reynolds Lewis, Houston Chronicle 01/12/2008 | |
| | Suspected E. coli-related illnesses in Wisconsin and California have prompted a meatpacking company to recall approximately 188,000 pounds of ground beef patties and other products. Rochester Meat Co. announced the recall after investigations by public health officials revealed that the products may have been contaminated with a deadly strain of E. coli bacteria. The recalled beef was distributed nationwide for use in restaurants and food service institutions, according to a USDA statement. AP, Chicago Tribune 01/13/2008 | |
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