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May 07, 2008


Power Plant Owners Settle Contamination Allegations

Capital One Resistant to State Investigation

Family Files Lawsuit in Border Patrol Rollover Death

Insurer Action Threatens Settlement Payment

EPA May Not Raise Standards on Toxic Chemical

Loan Officers Made Errors, Countrywide Admits

Baxter Has Avoided Lawsuits So Far, CEO Tells Shareholders

Charges Dropped in Death of Autistic Boy

Senate Fails to Pass Aviation Safety Bill

Regulators Issue Warning for Insulin Pumps

Bacterial Contamination Prompts Mouthwash Recall

Fort Worth Court of Appeals: Health Law, Torts

Texas Supreme Court: Workers' Compensation

Report Links Drug Makers to Psychiatric Handbook

Mental Hospitals Rife with Abuse, Records Show

 

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Laws/Cases

 

Power Plant Owners Settle Contamination Allegations

The owners of a Montana power plant have agreed to pay $25 million to settle allegations that they knowingly contaminated the water supplies of at least three neighborhoods. In the lawsuit, plaintiffs claimed that officials at the Colstrip power plant hid evidence for four year before notifying the communities. Defendants in the case were PPL Montana, Puget Sound Energy, Portland General Electric, Avista Corp., and PacifiCorp.  Matthew Brown, Seattle Post-Intelligencer  05/05/2008

Read Article: Seattle Post-Intelligencer    

 

Capital One Resistant to State Investigation

In response to an investigation by California Attorney General Jerry Brown, Capital One Financial Corp. is seeking an injunction to keep from turning over documents related to its credit card business. Capital One argues that, because it holds a charter as a nation bank, it is immune from state inquiries. Brown’s office is investigating whether the company violated state false advertising and unfair competition laws in its credit card marketing.  Gina Keating, Reuters  05/05/2008

Read Article: Reuters    

 

Family Files Lawsuit in Border Patrol Rollover Death

The family of a Border Patrol agent killed in a rollover crash has filed a lawsuit against General Motors and Continental Tire North America. According to the lawsuit, the accident was caused by a tire defect and the weak roof of the Chevrolet Tahoe contributed to massive head injuries suffered by the agent. The lawsuit seeks unspecified damages.  Staff, Arizona Daily Star  05/06/2008

Read Article: Arizona Daily Star    

 

Insurer Action Threatens Settlement Payment

Payment of a $500,000 settlement between an 85-year-old widower and a motorist who struck the man’s wife with a minivan could be in jeopardy. Geico, the driver’s insurer, is disputing whether Lori Marston was insured by the company at the time of the accident. Geico claims that they had canceled Marston’s policy prior to the crash.  AP, Boston Globe  05/06/2008

Read Article: Boston Globe    

 

EPA May Not Raise Standards on Toxic Chemical

The Environmental Protection Agency may not limit the amount of a toxic rocket fuel ingredient that is allowable in drinking water, an official told lawmakers Tuesday. The chemical, perchlorate, has been linked to the contamination of the water supplies of 11 million people in the past few years. The primary sources of the contamination are military bases, aerospace plants and fireworks companies.  Marla Cone, LA Times  05/07/2008

Read Article: LA Times    

 

Loan Officers Made Errors, Countrywide Admits

Countrywide Financial Corp. loan officers made periodic errors, the company’s top loan administration executive told a Senate panel Tuesday. However, Steve Bailey maintained that the company had not sought to collect inappropriate fees stemming from homeowner bankruptcies. Countrywide is currently being investigated by the Justice Department over accusations that the company collected inflated fees and filed erroneous bankruptcy documents.  Christopher S. Rugaber, Chicago Tribune  05/06/2008

Read Article: Chicago Tribune    

 

Baxter Has Avoided Lawsuits So Far, CEO Tells Shareholders

The head of a drug maker whose blood thinning medicine has been linked to at least 80 deaths and thousands of adverse reactions told shareholders Tuesday that the company has not experienced any significant legal costs. Baxter International Inc. Chief Executive Robert Parkinson made the comments in response to a shareholder question as to whether the company had taken appropriate steps to prevent future contamination in its heparin medication. Federal health officials theorize that the blood thinner was intentionally contaminated during production in China.  Bruce Japsen, Chicago Tribune  05/07/2008

Read Article: Chicago Tribune    

 

Charges Dropped in Death of Autistic Boy

Pennsylvania prosecutors have dropped criminal charges against a doctor accused of causing the death of an autistic boy who was undergoing chelation therapy while in the doctor’s care. Chelation therapy is used to remove heavy metals from the body and is believed by some to treat autism. A civil suit filed by the parents of the boy is still pending.  Karen Kane, Pittsburgh Post-Gazette  05/07/2008

Read Article: Pittsburgh Post-Gazette    

 

Senate Fails to Pass Aviation Safety Bill

A bill aiming to overhaul the nation’s air traffic safety system stalled in the Senate Tuesday amid partisan fighting over non-related issues. Among the provisions in the bill were those that would have updated air traffic control systems and prohibited official contact between the Federal Aviation Administration and former inspectors working for airlines. Aviation officials have discovered dozens of safety issues in the last several months that have forced the grounding of thousands of flights.  James Hohmann, LA Times  05/07/2008

Read Article: LA Times    

 

Products

 

Regulators Issue Warning for Insulin Pumps

Federal health regulators are cautioning parents to monitor children who use insulin pumps to treat Type 1 diabetes. A Food and Drug Administration review found that 13 deaths and more than 1,500 injuries have been associated with the pumps during the past 10 years. As many as 100,000 teenagers use the pumps to treat their diabetes, by one estimate.  Carla K. Johnson, Denver Post  05/05/2008

Read Article: Denver Post    

 

Bacterial Contamination Prompts Mouthwash Recall

The maker of an alcohol-free mouthwash used in medical settings has recalled 60,000 bottles from nearly 1,000 hospitals. Officials at Cardinal Health Inc. announced the recall Monday after discovering the mouthwash tested positive for the bacteria Burkholderia cepacia. The contamination has been linked to eight hospital illnesses and six cases of pneumonia, a company spokesman said.  Deena Beasley, Reuters  05/05/2008

Read Article: Reuters    

 

TEXAS LAWYER CASE SUMMARIES

 

Fort Worth Court of Appeals: Health Law, Torts

The trial court did not abuse its discretion by denying Jason Maris' motion to dismiss the Hendricks family's health care liability claims. Maris v. Hendricks, Fort Worth Court of Appeals, No. 2-07-300-CV, 5-1-2008.  , Texas Lawyer Opinions (TTLA Members Only)  05/07/2008

 

Texas Supreme Court: Workers' Compensation

The Legislature created the 180-day filing limitations period as a mandatory condition to pursuing the administrative cause of action and not as a bar to Texas Workforce Commission's exercise of jurisdiction; thus, TWC had jurisdiction over Igal's claim. Igal v. Brightstar Information Technology Group Inc., Texas Supreme Court, No. 04-0931, 5-2-2008.  , Texas Lawyer  05/07/2008

Read Article: Texas Lawyer    

 

Study

 

Report Links Drug Makers to Psychiatric Handbook

A watchdog group has reported that more than half of the doctors who worked in the production of the American Psychiatric Association’s Diagnostic and Statistical Manual of Mental Disorders have monetary links to the pharmaceutical industry. A separate report found that in previous editions of the manual as many as 100 percent of experts working on certain sections of the manual had worked with drug makers.  Tara Parker Pope, The New York Times  05/06/2008

Read Article: The New York Times    

 

Mental Hospitals Rife with Abuse, Records Show

A report by The Dallas Morning News shows a history of abuse and neglect in Texas' 10 state psychiatric hospitals. Allegations of physical abuse against patients, including chokeholds and threats, have resulted in dozens of employees being disciplined and more than 70 firings since 2005. Other violations include overmedicating residents and napping while on duty. Reports alleging sexual and physical abuse had previously been issued for several other state-controlled systems. The Texas Department of State Health Services denies that the abuse is widespread and claims that the number of confirmed cases is decreasing.  AP, Houston Chronicle  05/04/2008

Read Article: Houston Chronicle    




 

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