TTLA EClips • TTLA Home • Search Litigation Bank • About November 24, 2008 -  Court: Attorneys in Public-Interest Suits Entitled to Fees -  Jury Awards Damages to Man Crushed by Weights -  Amusement Park Settles With Injured Girl -  Drug Distributor Settles Prescription Class Action -  Medicaid Paying for Unapproved Drugs -  Hospital Chain Shows History of Abuse -  Gift Cards Pose Financial Risk to Buyers -  Food Labeling May Mislead Consumers     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 Court: Attorneys in Public-Interest Suits Entitled to Fees The California Supreme Court has ruled that attorneys who bring actions in the public interest are entitled to fees when they prevail. In a unanimous decision, the high court found that attorneys involved in a multi-year effort to force the state to adequately compensate companies employing prisoners had benefited the public and should receive compensation. The justices ordered that $1.25 million in fees be paid to firms involved in the action.  Carol J. Williams, LA Times  11/21/2008 Read Article: LA Times     Jury Awards Damages to Man Crushed by Weights A California jury has awarded a former law student $11 million for injuries he suffered when weightlifting equipment he was using collapsed on him. Jurors found that Flex Equipment Co. and its insurer were negligent for failing to install proper safety features. Gold’s Gym in Venice, the site of the accident, had previously settled with the plaintiff for $7.3 million.  AP, San Jose Mercury News  11/22/2008 Read Article: San Jose Mercury News     Amusement Park Settles With Injured Girl A Kentucky amusement park has reached an undisclosed settlement with the family of a teenage girl whose feet were severed by a malfunctioning ride. According to the lawsuit, Six Flags Kentucky Kingdom was negligent in inspecting, testing, maintaining and operating the Superman Tower of Power ride. In a statement, the park said the settlement would provide a lifetime of care for the girl.  Andrew Wolfson, Louisville Courier Journal  11/22/2008 Read Article: Louisville Courier Journal     Drug Distributor Settles Prescription Class Action The nation’s largest drug distributor has agreed to pay $350 million to resolve allegations that it wrongly raised prices on hundreds of commonly used medications. According to the class-action complaint, McKesson Corp. violated the Racketeer Influenced and Corrupt Organizations Act by fraudulently inflating the wholesale prices of popular prescription drugs. The case is New England Carpenters Health Benefits Fund, et al. v. McKesson Corp., et al.  Zack Needles, Law.com  11/24/2008 Read Article: Law.com     Healthcare Medicaid Paying for Unapproved Drugs The Medicaid program paid nearly $200 million for unapproved drugs between 2004 and 2007, according to a recent analysis of federal data. Most commonly, unapproved drugs paid for by the Medicaid program were used to treat common conditions such as colds or pain. Medicaid officials say they are aware of the problem but need help from lawmakers and regulators before they can effectively keep unapproved drugs out of the hands of consumers.  Ricardo Alonso-Zaldivar and Frank Bass, San Diego Union Tribune  11/24/2008 Read Article: San Diego Union Tribune     Hospital Chain Shows History of Abuse A chain of private psychiatric hospitals is under scrutiny following a string of injuries and deaths at its facilities. A watchdog investigation revealed that facilities owned by Psychiatric Solutions Inc. were significantly more likely to be cited for abuse or neglect than other hospitals providing similar services. Company officials have rejected such statistics, characterizing them as invalid.  Christina Jewett and Robin Fields, LA Times  11/23/2008 Read Article: LA Times     Products Gift Cards Pose Financial Risk to Buyers Let the buyer beware when purchasing a gift card this holiday season, especially if the restaurant or retailer is in financial trouble. According to a research and advisory firm, consumers lost about $100 million on gift cards issued by bankrupt businesses in the past year. Compounding the problem is the lack of standardized protection for consumers stuck with cards they can no longer redeem.  Alina Tugend, The New York Times  11/21/2008 Read Article: The New York Times     Food Labeling May Mislead Consumers The recall of Whole Foods Market chocolate bars earlier this year is just one example of how food chains may be misleading consumers with product labeling. Advocates say that despite labeling many products still fall victim to contamination from common and dangerous allergens. The Food and Drug Administration is currently studying whether tougher enforcement policies are needed to police how companies use labeling to inform consumers and protect themselves from liability.  Sam Roe, Chicago Tribune  11/23/2008 Read Article: Chicago Tribune     Published by TRIALSMITH, Litigation Tools for Trial Lawyers