| Announcements |
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| IMPORTANT TTLA BOARD MEETING NOTICE |
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SPECIAL CALLED TTLA Board of Directors Meeting
Friday, September 11, 2009, 9:00 am – Noon, TTLA’s Williams Conference Center, Austin, TX. For more information contact Rhonda High 512-476-3852 or rhonda@ttla.com.
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| Laws/Cases |
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| Pfizer Settles Suit Over Meningitis Drug |
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Pfizer has agreed to pay $75 million to settle criminal and civil complaints that it illegally tested a meningitis drug on Nigerian children. According to accusations lodged by Nigerian authorities, Pfizer’s testing of the drug Trovan led to the deaths of 11 children and left dozens more disabled. Pfizer admitted no wrongdoing under the settlement. Camillus Eboh, Reuters 07/30/2009
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Reuters
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| Court Sends Sex Discrimination Suit to Trial |
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Massachusetts’ highest court erred in allowing a sex discrimination lawsuit to go to trial, an attorney for a Boston doctor claims. On Monday, the Massachusetts Supreme Judicial Court ruled that Beth Israel Deaconess Medical Center, Dr. Josef E. Fischer and other defendants could not enforce an arbitration provision in the plaintiff employee’s contract because the agreement did not specifically deal with claims of sex discrimination. Fischer’s attorney maintains that arbitration is the appropriate forum to resolve the dispute. Globe Staff, Boston Globe 07/29/2009
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Boston Globe
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| Damages Unchanged in Ford Defect Case |
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Ford Motor Co. and a New Jersey Ford dealership should have to a pay a $8.3 million verdict awarded to a woman who lost use of her arm in an auto accident in 2000, a state appeals court has ruled. According to the original lawsuit, sludge buildup caused the throttle of the woman’s 1997 Ford Explorer to become stuck, leading to a rollover accident. The woman lost about 90 percent use of her arm and has undergone more than 20 surgeries since the accident, her attorney said. Mary Pat Gallagher, Law.com 07/30/2009
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Law.com
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| Patient Awarded Damages for Botched Colonoscopy |
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A New Mexico jury has ordered a general surgeon to pay $1 million in damages for failing to repair a colon perforation after a colonoscopy, the Las Cruces Sun-News reports. The tiny hole continued to leak fecal matter into the patient’s abdomen for 11 days before it was found and repaired, an attorney for the plaintiffs said. The patient has since undergone 13 operations to treat infections resulting from the initial procedure. Ashley Meeks, Las Cruces Sun-News 07/31/2009
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Las Cruces Sun-News
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| Lawsuit Questions Heat Safety Rules for Farm Workers |
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California health and safety authorities are failing to protect farm workers from heat-related illness and death, a lawsuit filed by the United Farm Workers union claims. According to the complaint, current regulations have gone largely unenforced and state agencies lack resources to properly investigate violations. The lawsuit seeks to force the state to bolster education and enforcement for farm worker heat-safety regulations. Steven Greenhouse, The New York Times 07/30/2009
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The New York Times
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| Lawmakers Approve Food Safety Overhaul |
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House lawmakers have passed legislation that aims to overhaul the nation’s food safety laws, the New York Times reports. Under the measure approved Thursday, the Food and Drug Administration would be required to inspect high-risk food processing plants once every 6 to 12 months and would give the agency the authority to order the recall of tainted food. The bill now moves to the Senate for debate this fall. William Neuman, The New York Times 07/30/2009
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The New York Times
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| Family Files Lawsuit Over Fatal Crash |
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The Missouri Highways and Transportation Commission failed to install a barrier to protect drivers from going over a bluff along Interstate 55 despite knowing that road conditions in the area were dangerous, a lawsuit by the family of a woman killed in an accident last year claims. Andrea Whitehead died in 2008 after she lost control of her vehicle and fell 76 feet over the cliff. The lawsuit seeks damages in excess of $25,000. Staff, St. Louis Post Dispatch 07/31/2009
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St. Louis Post Dispatch
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| Doctor Negligent in Death of Child, Jury Finds |
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A doctor was negligent in the death of a newborn during a 2005 delivery at Frederick Memorial Hospital, a Maryland jury has ruled. In the verdict, jurors concluded that Dr. Leonard Bienkowski violated the standard of care by using a vacuum device without explaining the risks to the parent. The Montgomery County jury awarded $1.85 million in damages to the parents. AP, San Francisco Examiner 07/31/2009
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San Francisco Examiner
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| TEXAS LAWYER CASE SUMMARIES |
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| Dallas Court of Appeals: Health Law - Service of Suit |
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Texas Civil Practice and Remedies Code §74.351 makes no exception for the time it takes to effectuate service of the suit, nor does it address failed attempts to serve a suit. When no expert report has been filed, the only extension of the 120-day time period authorized by the statute is an extension by agreement of the parties. Lone Star HMA L.P. v. Wheeler, Dallas Court of Appeals, No. 05-08-01348-CV, 07-28-2009.
, Texas Lawyer 07/31/2009
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Texas Lawyer
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