TTLA EClips • TTLA Home • Search Litigation Bank • About November 18, 2008 -  Police Officers File Age Bias Suit -  Jury Awards Damages in Pain Patch Case -  Court Declines to Hear Appeal by Disabled Man -  Substantial Damages Awarded for Birth Injury -  Transplant Patient Files Lawsuit Over HIV Infection -  Hospitals Resistant to MRSA Prevention Techniques -  MRSA Infection Rate Growing at Hospitals -  Austin Court of Appeals: Workers' Compensation -  Study Links Birth Defects to Fertility Procedures     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 Police Officers File Age Bias Suit Attorneys for 34 San Francisco police officers filed a lawsuit Monday accusing the department of discrimination based on age. In the lawsuit, the officers say that they were passed over in pay and promotion in favor of younger less qualified officers. The potential class-action lawsuit seeks damages for lost pay and emotional distress and seeks to force the department to amend its employment practices.  Bob Egelko, San Francisco Chronicle  11/18/2008 Read Article: San Francisco Chronicle     Jury Awards Damages in Pain Patch Case An Illinois jury has awarded $16.6 million to the family of a woman who died after using a Duragesic painkilling patch. Jurors found that two Johnson & Johnson units were negligent for the fatal dose of the narcotic fentanyl that killed Janice DiCosolo in 2004. Last month, a Florida jury awarded $13 million to the family of a woman who died after using a similar patch.  Andrew Harris, Bloomberg  11/18/2008 Read Article: Bloomberg     Court Declines to Hear Appeal by Disabled Man The Supreme Court has declined to hear the appeal of a disabled man who was barred from litigation after filing more than 400 lawsuits under the Americans With Disabilities Act. The 9th Circuit Court of Appeals had previously declined to hear the man’s appeal en banc. However, nine of the justices dissented saying that the district court order, which labeled the man as a "hit-and-run plaintiff," was a violation of the 1st Amendment.  Carol J. Williams, LA Times  11/18/2008 Read Article: LA Times     Substantial Damages Awarded for Birth Injury The family of a boy severely injured at birth should receive $20.5 million in medical malpractice damages, a Pennsylvania jury has ruled. Jurors found that Dr. Richard Behlke and Community Medical Center were liable for the boy’s injuries. The boy suffers from cerebral palsy, is mostly blind, cannot use his hands and is mentally retarded, according to an attorney for the family.  Erin L. Nissley, The Scranton Time-Tribune  11/17/2008 Read Article: The Scranton Time-Tribune     Transplant Patient Files Lawsuit Over HIV Infection A Chicago-area woman filed a lawsuit Monday accusing the University of Chicago Medical Center of using an HIV and hepatitis-infected kidney in a 2007 transplant surgery. According to the lawsuit, the hospital failed to properly inform the woman that the donor may have engaged in high-risk behavior. The woman was diagnosed with HIV and hepatitis C in November of last year.  Deborah L. Shelton, Chicago Tribune  11/17/2008 Read Article: Chicago Tribune     Healthcare Hospitals Resistant to MRSA Prevention Techniques Since encountering its first case of MRSA in 1968, Seattle’s Harborview Medical Center has struggled to manage the dangerous contagion. In a timeline spanning four decades, the Seattle Times tracks the history of outbreaks and missed opportunities at the facility and a continuing resistance to cope with the problem.  Michael J. Berens and Ken Armstrong, Seattle Times  11/18/2008 Read Article: Seattle Times     MRSA Infection Rate Growing at Hospitals Washington officials and hospitals have ignored the spread of a virulent, drug-resistant infection to the detriment of patient safety, according to a report published in the Seattle Times. The number of hospital patients exposed to the germ, known as MRSA, has grown from 141 to 4,723 during the past decade the newspaper tells. However, these infection rates, says the publication, are not tracked by regulators or reported to the public.  Michael J. Berens and Ken Armstrong, Seattle Times  11/16/2008 Read Article: Seattle Times     TEXAS LAWYER CASE SUMMARIES Austin Court of Appeals: Workers' Compensation The labor code's requirement to adopt fee guidelines that follow Medicare reimbursement methodologies and to review and revise these guidelines every two years are directory, not mandatory. Texas Mutual Insurance Co. v. Vista Community Medical Center LLP, Austin Court of Appeals, No. 03-07-00682-CV.  , Texas Lawyer Opinions (TTLA Members Only)  11/18/2008 Read Article: Texas Lawyer Opinions (TTLA Members Only)     Study Study Links Birth Defects to Fertility Procedures Infants born to couples who used fertility procedures to conceive are more likely to develop certain birth defects, a study published in the online journal Human Reproduction has concluded. According to the Centers for Disease Control and Prevention report, infants conceived with in vitro fertilization and intra-cytoplasmic sperm injection were twice as likely to develop heart defects and cleft lips and nearly four times as likely to develop gastrointestinal problems. Researchers cautioned that while the study showed a connection between fertility procedures and birth defects, it did not find a causal relationship.  Denise Grady, The New York Times  11/17/2008 Read Article: The New York Times     Published by TRIALSMITH, Litigation Tools for Trial Lawyers