TTLA EClips • TTLA Home • Search Litigation Bank • About November 26, 2008 -  Hospital Settles Whistleblower Lawsuit -  Jury Awards Damages in Malpractice Case -  Judge Certifies Sprint Sales Class Action -  Bayer Settles Inquiry Over Kickbacks -  Footnote Inspires Clamor Over Empirical Evidence -  Appeals Court Rejects Lead Paint Cleanup Case -  Radio Promotion Prompts Lawsuit -  Melamine Found in American Baby Formula     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 Whistleblower Lawsuit A Pennsylvania hospital has agreed to pay $1.9 million to settle a whistleblower allegation that it overbilled for Medicare claims. According to the complaint, initially filed by an independent consultant, Saint Vincent Health Center of Erie systematically hiked the average prices for Medicare-related services between 2001 and 2003. Under the settlement, the hospital admitted no wrongdoing.  David Bruce, Erie Times-News  11/26/2008 Read Article: Erie Times-News     Jury Awards Damages in Malpractice Case A Florida jury has awarded $3.5 million to the family of a man who died in 2001 shortly after being implanted with a pacemaker. According to an attorney for the family, jurors found that doctors should have delayed the procedure because the man developed lung problems prior to the surgery. The patient died 17 days after the procedure.  Bob LaMendola, South Florida Sun-Sentinel  11/25/2008 Read Article: South Florida Sun-Sentinel     Judge Certifies Sprint Sales Class Action A federal judge has certified class-action status for a lawsuit accusing Sprint retail stores of cheating sales representatives out of commissions. In the lawsuit, the representatives claim that a glitch in Sprint’s computer system improperly denied them money earned from selling phones and other services. A full list of employees who may participate in the lawsuit is expected by the end of the year.  Staff, Dallas Business Journal  11/25/2008 Read Article: Dallas Business Journal     Bayer Settles Inquiry Over Kickbacks Bayer AG will pay $97.5 million to settle claims that it bribed suppliers to bolster sales of its diabetic products, the Justice Department announced Tuesday. According to the department, Bayer allegedly paid nearly $3 million to 11 suppliers between 1998 and 2002. As part of the settlement, the conglomerate will also take steps to prevent future fraudulent behavior.  Reuters, Reuters  11/25/2008 Read Article: Reuters     Footnote Inspires Clamor Over Empirical Evidence A seemingly minor footnote in the Supreme Court’s Exxon Valdez decision is creating a din among law professors and others who conduct empirical research sited in appeals. In Footnote 17 of the decision, Justice David H. Souter said that the court had declined to rely on research related to punitive damages because it was financed in part by Exxon. The resulting discussion of the footnote has called into question how the courts ought to interpret empirical research.  Adam Liptak, The New York Times  11/24/2008 Read Article: The New York Times     Appeals Court Rejects Lead Paint Cleanup Case A Wisconsin appeals court has rejected an attempt by the city of Milwaukee to force a former lead paint manufacturer to pay for the cost of removing lead paint from inner-city homes. In a 2-1 decision, the District 1 Court of Appeals upheld a jury verdict that found NL Industries Inc. was not responsible for the cleanup. The city had argued that NL Industries had known about dangers associated with lead paint but continued to sell and promote the product anyway.  Ryan J. Foley, Chicago Tribune  11/25/2008 Read Article: Chicago Tribune     Radio Promotion Prompts Lawsuit An Illinois woman has filed a lawsuit against a Waukegan radio station after she was allegedly sexually assaulted by a man featured in a dating promotion sponsored by the station. According to the lawsuit, NextMedia-owned WXLC failed to check Travis Harvey’s criminal record before promoting him as a “safe and desirable” date. Harvey had previously been convicted of violating a protective order and has since pleaded guilty to criminal sexual abuse in connection with the date sponsored by the radio station.  Emily S. Achenbaum, Chicago Tribune  11/25/2008 Read Article: Chicago Tribune     Products Melamine Found in American Baby Formula Federal regulators on Tuesday announced that they have discovered melamine in samples of an American-produced baby formula. The Food and Drug Administration noted the trace levels, also discovered in samples of dietary supplement produced by the same manufacturer, were too low to pose a threat to humans. Melamine contamination in Chinese dairy products has been linked to more than 50,000 illnesses and four deaths. The name of the company that made the tainted infant formula has yet to be released.  Andrew Martin, The New York Times  11/25/2008 Read Article: The New York Times     Published by TRIALSMITH, Litigation Tools for Trial Lawyers