TTLA EClips • TTLA Home • Search Litigation Bank • About November 07, 2008 -  Hospital Settles Suit Over Flesh-Eating Bacteria -  Jury Awards Damages for Water-Heater Explosion -  City Close to Age-Bias Settlement -  State Settles Lawsuit Over Police Shooting -  Appeal Could Spell Trouble for Smoker Lawsuits -  Judge Declines to Rules on Part of Firing Lawsuit -  FDA Leadership Expected to Focus on Oversight -  Big Business Bracing for Washington Power Shift     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 Hospital Settles Suit Over Flesh-Eating Bacteria A Utah hospital and the University of Utah have agreed to pay an undisclosed sum to settle a lawsuit filed by a woman who lost three limbs to flesh-eating bacteria contracted after the birth of her child. Lisa Speckman claimed that negligence by the staff of LDS Hospital caused the necrotizing fasciitis. The lawsuit sought damages and compensation for a lifetime of care stemming from the infection.  Pamela Manson, The Salt Lake Tribune  11/07/2008 Read Article: The Salt Lake Tribune     Jury Awards Damages for Water-Heater Explosion Two men who were injured in a water-heater explosion should received $12.3 million, a jury ruled Thursday. According to an attorney for the plaintiffs, Southern California Gas Co. failed to warn that artificial natural-gas odor can fade in newer types of pipes, a phenomenon that allegedly led to the explosion. The plaintiffs, who were working as plumbers at the time of the accident, suffered second-degree burns in the explosion. An attorney for Southern California Gas said they would appeal the verdict.  Melinda Morales, Visalia Times-Delta  11/07/2008 Read Article: Visalia Times-Delta     City Close to Age-Bias Settlement The Denver City Council is scheduled to consider whether to pay $850,000 to settle a lawsuit involving alleged age discrimination against a firefighter. Bill Cadorna claimed that he was fired after being wrongly accused of shoplifting. Jury and subsequent rulings initially awarded Cadorna $1.2 million in damages.  Christopher N. Osher, Denver Post  11/06/2008 Read Article: Denver Post     State Settles Lawsuit Over Police Shooting Pennsylvania has agreed to pay $12.5 million to settle a lawsuit that accused state troopers of wrongfully shooting a 12-year-old boy as he fled from a stolen vehicle. Jurors had awarded the boy’s father more than $28 million in damages for the fatal 2002 shooting. The case was under appeal at the time of Wednesday’s settlement.  Joe Mandak, Chicago Tribune  11/07/2008 Read Article: Chicago Tribune     Appeal Could Spell Trouble for Smoker Lawsuits The Florida Supreme Court is scheduled to decide whether to reverse a $545,000 award to a smoker because the plaintiff wasn’t required to show whether the cigarette maker could have made a safer product. Attorneys for Liggett Group Inc. argue that failure to require such a burden could extend liability to a host of other commonly used products. An appellate panel previously upheld the original jury verdict.  Jordana Mishory, Law.com  11/07/2008 Read Article: Law.com     Judge Declines to Rules on Part of Firing Lawsuit A federal judge has ruled that he lacks the jurisdiction to second-guess whether the Department of Energy wrongly denied a Muslim scientist security clearance that cost him his job at a research facility. Abdel Moniem El-Ganayni claims that he was fired because of his criticism of United States foreign policy and alleged mistreatment of Muslims by the FBI. The judge has said that he still may consider whether the DOE violated its own policies or the due process rights of the scientist.  AP, Kansas City Star  11/07/2008 Read Article: Kansas City Star     Issues FDA Leadership Expected to Focus on Oversight Changing leadership at the Food and Drug Administration is likely to shake up policies on products ranging from produce to brand-name medicines. Both chambers of the legislative branch are expected to push bills that would place increased scrutiny on drugmakers, tobacco companies, food producers and importers. However, the agency will face tough obstacles in maintaining oversight because of staffing problems.  Alicia Mundy, Wall Street Journal - $$ Subscription Required  11/06/2008 Read Article: Wall Street Journal - $$ Subscription Required($)     Big Business Bracing for Washington Power Shift The upcoming Washington power shift of the recent election has big business bracing for increased regulation and pro-employee policies. On the flipside, consumer and employment groups are optimistic after enduring eight years of stifling policy under the Bush administration. However, the lack of a Democratic super-majority in the Senate will leave room for fierce debate on controversial legislation.  Kevin G. Hall, Miami Herald  11/05/2008 Read Article: Miami Herald     Published by TRIALSMITH, Litigation Tools for Trial Lawyers