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• TTLA Home • Search Litigation Bank • About	September 19, 2007
-  BP Settles with First Plaintiffs from Refinery Blast -  Former CFO Files Lawsuit Against Assisted-Living Firm -  Jury Awards Damages to Family of Fallen Firefighter -  Wal-Mart Shifts Stance on Healthcare -  Dialysis Business Under Scrutiny -  FDA Orders Maker of Hand Sanitizer to Cease Advertising -  Retailers Disclose Lead-Tainted Items Under Congressional Pressure     This Service Sponsored Exclusively by The James Street Group A Member Service of Texas Trial Lawyers Association
Laws/Cases   BP Settles with First Plaintiffs from Refinery Blast British Petroleum agreed to settle with plaintiffs Tuesday in the first civil lawsuit to go to trial stemming from a 2005 explosion at a Texas City refinery. The terms of the settlement were undisclosed. It is unclear why BP, whose policy is to settle blast-related claims before trial, allowed the case to progress to the fourth day of trial. The company is currently awaiting the results of a criminal investigation into the explosion.  Kristen Hays, HoustonChronicle  09/19/2007 Read Article: Houston Chronicle       Former CFO Files Lawsuit Against Assisted-Living Firm The former finance chief for Sunrise Senior Living filed a lawsuit Tuesday that claims the company fired him in retaliation for his efforts to expose improper accounting practices. According to the lawsuit, the Virginia-based assisted-living company falsely suggested the former CFO destroyed documents and sought to defame him. Sunrise has been the subject of several shareholder complaints and a Securities and Exchange Commission investigation.  Cecilia Kang, The Washington Post  09/19/2007 Read Article: The Washington Post       Jury Awards Damages to Family of Fallen Firefighter A St. Louis jury awarded the family of a city firefighter $12 million in their case against the maker of breathing equipment they claimed killed him during a fire in 2002. The jury found the manufacturer, Survivair, liable for negligence and providing and faulty product. Jurors will consider today whether to award punitive damages against the company for conscious disregard for the safety of others.  Heather Ratclifeand and Greg Jonsson, St. Louis Post Dispatch  09/19/2007 Read Article: St. Louis Post Dispatch       Healthcare   Wal-Mart Shifts Stance on Healthcare Wal-Mart announced plans Tuesday to overhaul the company’s long criticized employee health plans. The retail giant’s new health coverage will offer employees plans that are comparable to many other American corporations. While some are praising Wal-Mart’s move as a potential turning point, critics of the company are quick to point out that many of the plans are unaffordable for most Wal-Mart employees.  Michael Barbaro, The New York Times  09/19/2007 Read Article: The New York Times       Dialysis Business Under Scrutiny The chief executive of DaVita, a leading provider of dialysis services, touts the company as the best dialysis company in the world but federal investigations are threatening to unravel the would-be empire. Agencies, ranging from the Food and Drug and Administration to Justice Department, are asking tough questions about DaVita’s billing practices and use of Epogen, a drug used to treat anemia in dialysis patients. Such questions cast an unfavorable light on a dialysis industry that serves more than 350,000 patients annually.  Andrew Pollack, The New York Times  09/16/2007 Read Article: The New York Times       Products   FDA Orders Maker of Hand Sanitizer to Cease Advertising Proctor & Gamble will have to stop advertisements claiming that its Vicks foaming hand sanitizer prevents viruses that cause colds, the Food and Drug Administration ordered Tuesday. According to the FDA, there isn’t sufficient evidence to prove the product is effective for the advertised use. The agency is also reviewing similar claims made by Johnson & Johnson and other companies.  Emily Brown, Bloomberg  09/18/2007 Read Article: Bloomberg       Retailers Disclose Lead-Tainted Items Under Congressional Pressure The Consumer Product Safety Commission is negotiating recalls with several major American retailers who have found lead-tainted children’s toys in their inventories. A Congressional report released Tuesday shows that Target, Limited Too, Dollar General and others have removed contaminated products from their shelves but have not notified the public. Lead contamination forced Mattel and RC2, maker of Thomas & Friends toy trains, to recall millions of items earlier this year.  Eric Lipton, The New York Times  09/19/2007 Read Article: The New York Times
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