| Laws/Cases |
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| Calif. High Court Rules on Tobacco Class Action |
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The California Supreme Court on Monday ruled in favor of consumers seeking to recover damages over advertising they claim misled them into buying cigarettes. In a 4-3 decision, the high court found that only a single consumer or small group of consumers is necessary to pursue false advertising claims as a class action. The ruling stemmed from a group of smokers seeking reimbursement for cigarettes purchased from June 10, 1993, to April 23, 2001. Bob Egelko, San Francisco Chronicle 05/19/2009
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San Francisco Chronicle
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| Government Joins Whistleblower Suit Against Wyeth |
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The federal government joined more than a dozens states Monday in a whistleblower lawsuit accusing one of the nation’s largest drug makers of bilking hundreds of millions of dollars out of Medicaid programs. According to the federal court claims, Wyeth withheld information about steep discounts offered for two versions of the stomach acid suppressant Protonix from 2000 to 2006. The lawsuit seeks treble damages on behalf of the federal government and participating states. Christopher Stern, Bloomberg 05/18/2009
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Bloomberg
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| Jury to Weigh Insurance Rescission Case |
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A California jury is scheduled to hear opening arguments this week in the first case to decide whether an insurer should pay damages for rescinding a policyholder’s coverage. The 4th District Court of Appeal in Santa Ana had previously ruled that the defendant Blue Shield of California could not utilize a ‘wait and see’ strategy in pursuing rescission investigations. In the past several years, California insurance regulators have collected more than $13 million to settle charges of wrongful rescissions by insurers. Lisa Girion, LA Times 05/17/2009
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LA Times
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| Doctors Performed Unneeded Surgeries, Lawsuit Claims |
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Two Long Island doctors have been named in a lawsuit for allegedly performing unneeded spinal cord and brain operations on one of their patients. According to the lawsuit filed Monday, Drs. Thomas Milhorat and Paolo Bolognese knowingly operated on the patient for conditions she did not have, leaving her in constant pain and unable to work. Milhorat and Bolognese were disciplined earlier this year after Bolognese failed to appear for a surgery and Milhorat refused to stand-in in his colleague’s absence. Heidi Evans, New York Daily News 05/19/2009
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New York Daily News
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| Family of Nurse Killed in Helicopter Crash Files Lawsuit |
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Attorneys filed a lawsuit last week on behalf of the children of a flight nurse killed in a helicopter crash outside Indianapolis last year. The lawsuit seeks damages against Rolls-Royce, the helicopter's engine maker; Decatur County REMC, the utility responsible for maintaining power lines in the area; Rushville Memorial Hospital, which dispatched the helicopter; and Bell Helicopter Textron, the rotor manufacturer. The National Traffic Safety Board is still trying to determine the cause of the crash. Francesca Jarosz, Indianapolis Star 05/18/2009
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Indianapolis Star
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| Amputee Settles Suit Against Hospital |
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A Florida woman who contracted flesh-eating bacteria after giving birth in an Orlando maternity ward has settled her lawsuit against the hospital. According to the lawsuit, doctors tried to discharge Claudia Mejia Edwards despite evidence of a rash, fever, chills and other symptoms. Doctors later determined that Edwards had a Group A Streptococcal infection. Both of Edwards’ arms and legs were amputated in order to control the infection. The terms of the settlement were not disclosed. Rene Stutzman, Orlando Sentinel 05/18/2009
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Orlando Sentinel
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| Justices Give Go-Ahead to Train Derailment Suit |
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The Supreme Court declined to intervene Monday in a lawsuit against Canadian Pacific Railway over a deadly train derailment. The 8th Circuit Court of Appeals had previously ruled that federal law did not shield Canadian Pacific from claims stemming from the incident. The 2002 derailment released a cloud of toxic farm fertilizer over a North Dakota city, killing one man and injuring several others. AP, Newsday 05/18/2009
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Newsday
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| Study |
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| Study Cites New Risks in Modern Cigarettes |
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Modern cigarettes may pose a higher risk of lung cancer than cigarettes produced prior to the 1960s, according to a study published by a researcher from the University of California, San Diego. At a recent meeting of tobacco researchers, Dr. David Burns argued that a rise in certain types of cancer could be traced to the introduction of lower-tar cigarettes. News of the study comes as Congress considers legislation that would place cigarettes under the authority of the Food and Drug Administration. Lauren Neergaard, Houston Chronicle 05/18/2009
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Houston Chronicle
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