TTLA EClips • TTLA Home • Search Litigation Bank • About October 29, 2008 - Settlement Reached in University Bonfire Suit - FEMA Trailer Claims Seek Class-Action Status - Damages Awarded to Student in Bike Accident - Judge Declines to Rule on Countrywide Settlement - Appeals Court Upholds Award to Food Poisoning Victim - Judge Sets Aside Punitive Damages Against Taser - Bayer Warned Over Marketing of Aspirin - 5th U.S. Circuit Court of Appeals: Health Law - El Paso Court of Appeal: Health Law - El Paso Court of Appeals: Health Law - Age of Transfused Blood Linked to Infections This Service Sponsored Exclusively by The James Street Group A Member Service of Texas Trial Lawyers Association Announcements Time is running out to register for TTLA’s Annual Conference Events! Don’t miss our 4 incredible CLE programs, national speakers including Paul Begala, our Annual Party & Auction, List Server reception, Advocates Annual Meeting, Annual President’s Luncheon, Annual Board & Membership meeting, and more! Visit www.ttla.com/annual for more details and to register, or call (512) 476-3852 for more information. Laws/Cases Settlement Reached in University Bonfire Suit Texas A&M University has agreed to pay $2.1 million to resolve a lawsuit resulting from a bonfire stack collapse in 1999 that killed 12 people and injured dozens more. The settlement, paid to seven individuals or families, ends all remaining bonfire-related litigation against current and former employees of the school. Lawsuits against contractors who provided equipment for the bonfire stack are still pending. Ralph K.M. Haurwitz, Austin American Statesman 10/29/2008 Read Article: Austin American Statesman FEMA Trailer Claims Seek Class-Action Status Attorneys for those forced to live in Federal Emergency Management Agency trailers following Hurricanes Katrina and Rita have asked a judge to consolidate their lawsuits against the government into a class action. A number of lawsuits have been filed on behalf of Gulf Coast residents who may have been exposed to hazardous fumes while housed in the trailers. Arguments over whether the cases should be combined into a class-action lawsuit are scheduled for Dec. 3. AP, New Orleans Times-Picayune 10/28/2008 Read Article: New Orleans Times-Picayune Damages Awarded to Student in Bike Accident A Missouri University student whose leg was amputated following a 2005 accident should receive $1.8 million, a jury has decided. The student was struck by a vehicle while crossing an intersection and then hit again and dragged by a Columbia Water and Light truck. Jurors determined that the driver of the first car and the City of Columbia were to blame for 25 percent of the accident. Greg Mitchell, Columbia Missourian 10/28/2008 Read Article: Columbia Missourian Judge Declines to Rule on Countrywide Settlement A Delaware judge declined to rule on a proposed settlement Tuesday in a lawsuit filed by Countrywide Financial Corp. shareholders over the company’s buyout by Bank of America Corp. Shareholders allege that Countrywide directors violated their fiduciary duties to investors by failing to get the best price from the deal. Shareholders are asking the judge to reject the non-monetary settlement offered by the mortgage lender. Phil Milford, Bloomberg 10/28/2008 Read Article: Bloomberg Appeals Court Upholds Award to Food Poisoning Victim A California woman who suffered permanent nerve damage after eating tainted raw tuna is entitled to a $3.2 million jury award, an appeals court has ruled. The 4th District Court of Appeal found that a judge had erred in overturning the award. According to the lawsuit, Alexis Sarti was temporarily paralyzed, spent 49 days in the hospital and permanently lost much of her ability to perform sustained activities after eating the contaminated sushi. AP, San Diego Union Tribune 10/28/2008 Read Article: San Diego Union Tribune Judge Sets Aside Punitive Damages Against Taser A California court has set aside $5.2 million in punitive damages against Taser International stemming from a 2005 incident that resulted in the death of a police suspect. A jury originally found that the company was 15 percent responsible for Robert C. Heston’s death after he was shocked with stun guns by police. The judge denied Taser’s request for a new trial. Staff, Arizona Republic 10/27/2008 Read Article: Arizona Republic Products Bayer Warned Over Marketing of Aspirin Federal regulators issued warnings Tuesday to drugmaker Bayer over marketing linked to two aspirin medicines. The Food and Drug Administration said that the Bayer Women’s Low Dose Aspirin + Calcium and Bayer Aspirin With Health Advantage products had been marketed illegally with unproven medical claims. An FDA official said the agency plans to take enforcement action against the company for the violations. AP, The New York Times 10/28/2008 Read Article: The New York Times TEXAS LAWYER CASE SUMMARIES 5th U.S. Circuit Court of Appeals: Health Law That a patient became eligible for Medicaid after the hospital established its lien and after he was discharged from the hospital does not strip the hospital of its pre-existing lien against his tort settlement. Miller v. Gorski Wladyslaw Estate, 5th U.S. Circuit Court of Appeals, No. 07-30378. , Texas Lawyer Opinions (TTLA Members Only) 10/29/2008 Read Article: Texas Lawyer Opinions (TTLA Members Only) El Paso Court of Appeal: Health Law The statute of limitations is tolled when a notice letter and medical authorization form, albeit a improperly filled out form, gives fair warning of a claim and an opportunity to abate the proceedings for negotiations and evaluation of the claim. Rabatin v. Chavez, El Paso Court of Appeals, No. 08-07-00139-CV , Texas Lawyer Opinions (TTLA Members Only) 10/29/2008 Read Article: Texas Lawyer Opinions (TTLA Members Only) El Paso Court of Appeals: Health Law Plaintiffs may meet the expert report filing requirements for a health care liability claim by filing the report in a prior action. Moreno v. Palomino-Hernandez, El Paso Court of Appeals, No. 08-07-00010-CV. , Texas Lawyer Opinions (TTLA Members Only) 10/29/2008 Read Article: Texas Lawyer Opinions (TTLA Members Only) Study Age of Transfused Blood Linked to Infections Blood for transfusion stored longer than 28 days may increase the chance for certain infections in patients receiving transfusions, according to a study released Tuesday. Researchers said that their study of transfusions between July 2003 and September 2006 found that patients who received blood stored 29 days or more were twice as likely to develop blood stream infections, pneumonia, urinary tract infections, heart valve infections, sepsis and other infections. The Food and Drug Administration currently allows blood to be stored for 42 days before it must be discarded. Will Dunham, Reuters 10/28/2008 Read Article: Reuters