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• TTLA Home • Search Litigation Bank • About	September 24, 2007
-  Anesthesiologist Accused of Forging Credentials -  Settlement Reached in Autopsy Dispute -  Family Seeks to Remove Infant from HMO Care -  State Supreme Court Shields Schools from Liability -  Pain and Suffering Award Intact Despite Plaintiff’s Death, Panel Finds -  Starbucks Managers Clear Hurdle in Overtime Case -  Nursing Home Care Falters Under Private Ownership -  Contestants Say Pageants Fail to Pay Scholarships -  Suffocation Deaths Prompt Crib Recall     This Service Sponsored Exclusively by The James Street Group A Member Service of Texas Trial Lawyers Association
Announcements     Laws/Cases   Anesthesiologist Accused of Forging Credentials The American Board of Anesthesiology has filed a federal lawsuit against aUniversity of Washington anesthesiologist for allegedly forging his credentials. According to the lawsuit, Dr. Ray P. Liao failed the board’s written examination three times but has claimed to be a certified anesthesiologist since 2005. The lawsuit seeks to stop Liao from claiming to be certified and to return any money he has made doing so.  AP, Seattle Post-Intelligencer  09/21/2007 Read Article: Seattle Post-Intelligencer       Settlement Reached in Autopsy Dispute The Hamilton County coroner’s office has agreed to pay at least $4 million to settle a lawsuit stemming from the office’s practice of keeping body parts without permission. The practice of keeping body parts, usually the heart or the brain, is common practice for coroners and is often considered necessary to conduct a complete autopsy. The coroner’s office is now required to consult with families when any body part is removed.  Dan Horn, The CincinnatiEnquirer  09/22/2007 Read Article: The Cincinnati Enquirer       Family Seeks to Remove Infant from HMO Care A California family is seeking a judge’s order to force healthcare giant Kaiser Permanente to move their 7-week-old son to a better equipped hospital in hopes of saving his life. The boy’s parents contend that the HMO botched their son’s care and should transfer him to a hospital outside the Kaiser network. The judge rescinded an order to move the boy Friday after Kaiser officials said they could not find another hospital willing to accept the infant. Both sides are expected to return to court on Tuesday.  Charles Ornstein, LA Times  09/22/2007 Read Article: LA Times       State Supreme Court Shields Schools from Liability The Connecticut Supreme Court has ruled that parents or guardians cannot seek damages against municipalities for injuries suffered while picking up their kids from extracurricular activities at public schools. The court, in a 5-2 decision, found that public schools are immune from liability except when a child is injured during the school day. The case arose when a woman fractured her ankle after slipping in a puddle of water while picking up her child at an after school homework group.  Lynne Tuohy, Hartford Courant  09/22/2007 Read Article: Hartford Courant       Pain and Suffering Award Intact Despite Plaintiff’s Death, Panel Finds An appellate panel has found that a $150,000 award for future pain and suffering is still valid despite the death of the plaintiff. Writing the opinion for the unanimous panel, Justice William E. McCarthy said that no statutory regulations exist that would warrant setting aside or reducing the award. The defendants had argued that the future pain and suffering award amounted to overcompensation in light of the fact that the plaintiff’s death was unrelated to the injuries in question.  Mark Fass, Law.com  09/24/2007 Read Article: Law.com       Starbucks Managers Clear Hurdle in Overtime Case A district court judge ruled Friday that Starbucks managers, who claim they are wrongly denied overtime pay, could continue their class action lawsuit against the coffee chain. In the lawsuit, the managers argue that they should not be exempt from overtime pay because their duties are virtually the same as the workers they supervise. The case may reach trial by the end of the year if a judge denies Starbucks' request for summary judgment.  Ellen Simon, Yahoo News  09/21/2007 Read Article: Yahoo News       Healthcare   Nursing Home Care Falters Under Private Ownership The purchase of Habana Health Care Center, a Tampa nursing home, by a private investment firm meant big profits for investors and a significant drop in the standard of care for residents. Since the nursing home’s purchase in 2002, 15 residents have died from what their families characterize as negligent care. Regulators and advocates contend that Habana Health Care Center and others like it have suffered since they were purchased by large Wall Street investment companies.  Charles Duhigg, The New York Times  09/23/2007 Read Article: The New York Times       Issues   Contestants Say Pageants Fail to Pay Scholarships Some participants in the Miss America Organization, often billed as the largest scholarship provider for women in the world, are claiming that the organization fails to distribute scholarship money to its winners. According to contestants, the organization’s state and local branches are plagued by weak oversight that creates hurdles for contestants to collect their money. Officials at the Miss America Organization say that withheld scholarships usually occur when contestants miss deadlines or fail to follow filing procedures.  Jennifer Lee, The New York Times  09/24/2007 Read Article: The New York Times       Products   Suffocation Deaths Prompt Crib Recall A manufacturer has recalled one million baby cribs after at least two children suffocated to death. According to the Consumer Product Safety Commission a faulty drop-rail side can detach and create a small space where infants can become trapped. The crib’s manufacturer, Simplicity for Children, has initiated four recalls in the last two years.  Michael Grynbaum, The New York Times  09/22/2007 Read Article: The New York Times
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