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TrialSmith HomeSearch Litigation BankAbout July 02, 2009
Warning Issued for Two Smoking-Cessation Drugs
Panel Recommends Acetaminophen Dosage Changes
Advocates File Lawsuit over Autism Therapy Coverage
Award Issued for Injury at Home Improvement Store
Judge Permits 1964 Civil Rights Case to Proceed
Settlement Reached in Cyclist’s Death
Michigan Courts to Prohibit Juror Electronic Communications
NYPD Settles Lawsuit over Subway Searches
Consent Decree Proposed in Lawsuit over Disabled Housing
 
 
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Healthcare
Warning Issued for Two Smoking-Cessation Drugs
The Food and Drug Administration has issued a warning on two smoking-cessation drugs after receiving reports of suicides and suicide attempts by those under treatment. Pfizer, the maker of Chantix, and GlaxoSmithKline, the maker of Zyban, will add a black-box warning to the packaging information. The manufacturers will also now be required to disclose the suicide risk when advertising the products.  Gardiner Harris and Duff Wilson, The New York Times  07/01/2009
Read Article: The New York Times    

Panel Recommends Acetaminophen Dosage Changes
In an effort to reduce liver failure and acetaminophen overdoses in the U.S., an expert panel has made several recommendations to the Food and Drug Administration. The panel endorsed a decrease in the maximum dosage of acetaminophen recommended and the removal of prescription drugs that combine it with other painkillers. The FDA will review their decision and decide whether to implement the panel’s recommendations.  Matthew Perrone, Miami Herald  06/30/2009
Read Article: Miami Herald    

Laws/Cases
Advocates File Lawsuit over Autism Therapy Coverage
Autism advocates have filed a lawsuit against the California Department of Managed Health Care to force the department to require insurance companies to pay for physician-ordered services. Insurers argue that physician-ordered behavior-modification therapy for autistic patients is educational and not a valid medical expense, resulting in a denial of coverage. Coverage disputes previously sent by the department to independent medical panels are now being redirected to the department’s coverage-dispute division, which advocates allege is now resulting in loss of services.  Lisa Girion, LA Times  07/01/2009
Read Article: LA Times    

Award Issued for Injury at Home Improvement Store
An injured customer and his wife were awarded $1.5 million by a jury after he was hurt at a local home improvement store. In the lawsuit, the customer claimed he was hurt after a pallet of plywood fell from a forklift and hit a barricade, which knocked him over and caused injuries to the neck and spine. An agreement was previously reached with the company for punitive damages.  Rachel Tobin Ramos, Atlanta Journal-Constitution  07/01/2009
Read Article: Atlanta Journal-Constitution    

Judge Permits 1964 Civil Rights Case to Proceed
A civil lawsuit filed over two 1964 murders can proceed after the presiding U.S. District Court Judge cited a 5th U.S. Circuit Court of Appeals decision which stated the statute of limitations “does not run until the plaintiff is in possession of the ‘crucial facts’ that he has been hurt and the defendant is involved.” According to the lawsuit, information was uncovered in 2007 that the county sheriff and deputy conspired with the Ku Klux Klan in order to commit and hide the murders. The judge ruled that, if the claim was correct, the suit should be allowed to move forward based on the new information.  Jerry Mitchell, The Jackson Clarion-Ledger  07/01/2009
Read Article: The Jackson Clarion-Ledger    

Settlement Reached in Cyclist’s Death
Santa Clara County reached a $2.3 million settlement in the death of Matt Peterson, a cyclist who was killed after a sheriff’s deputy fell asleep at the wheel and drove into a group of cyclists. Another cyclist was killed and one was injured. The county, who accepted responsibility and has apologized to the victims’ families, is still in negotiations on the other parties.  Tracey Kaplan, San Jose Mercury News  06/30/2009
Read Article: San Jose Mercury News    

Michigan Courts to Prohibit Juror Electronic Communications
Michigan jurors will be prohibited from all electronic communications during trial after a recent ruling by the Michigan Supreme Court. Beginning September 1, jurors will be instructed by the judge to refrain from using any hand-held devices during trial or deliberations. This decision follows a trend in recent cases where jurors were communicating electronically during trial.  Tresa Baldas, Law.com  07/02/2009
Read Article: Law.com    

NYPD Settles Lawsuit over Subway Searches
The New York Police Department has settled a lawsuit over accusations of ethnic profiling while conducting subway searches. The lawsuit alleged that the plaintiff’s belongings were searched 21 times over four years because he appears to be of Middle Eastern descent. The plaintiff also filed eight complaints with the Civilian Complaint Review Board.  Rocco Parascandola, Boston Herald  07/02/2009
Read Article: Boston Herald    

Consent Decree Proposed in Lawsuit over Disabled Housing
A consent decree has been proposed in a lawsuit over housing options for individuals with developmental disabilities. The lawsuit alleges that there are limited housing options available, and individuals are unable to choose group home placements over intermediate care facilities. Opponents are concerned that intermediate care facilities will lose the necessary funding to operate if the decree is approved.  Lisa Black, Chicago Tribune  07/02/2009
Read Article: Chicago Tribune    



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