August 6, 2007

TTLA EClips
TTLA Home Search Litigation Bank About August 06, 2007
Lawmaker Calls for Disclosure of Payments to Doctors
Wal-Mart Accused of Negligence in Boy’s Assault
5th Circuit Court to Hear Key Katrina Appeal
Tire Company Ordered to Pay for Health Coverage
Doctor Charged with Performing Unnecessary Surgeries
Malpractice Cases Wither Under Texas Law
Death Puts Research Safety in Question
Reappointment of Lost Pants Litigant in Doubt
Lead Remains a Problem in Children’s Toys, Health Inspectors Say
 
 
This Service Sponsored Exclusively by
The James Street Group
A Member Service of
Texas Trial Lawyers Association
 
Announcements
Texas Lawyer: Exclusive offer for TTLA members
Texas Lawyer is offering subscriptions for $99 per year, or $129 per year with online access. Contact Dennis Weber, dweber@texaslawyer.com, 214-744-7735, for details.         

Laws/Cases
Lawmaker Calls for Disclosure of Payments to Doctors
An Iowa Senator is calling for legislation that would require drug makers to disclose the names of doctors who received payments for services such as consulting and lecturing. Lawmakers have raised concern over whether such payment might affect what drugs doctors choose to prescribe to their patients. Recently a prominent child psychologist revealed that he received $180,000 from the maker of an antipsychotic drug for children.   Gardiner Harris, The New York Times   08/04/2007
Read Article: The New York Times  

Wal-Mart Accused of Negligence in Boy’s Assault
Wal-Mart has been accused of negligence in the hiring and supervision of an employee who sexually assaulted a boy in the bathroom of a Houston-area store. In addition to compensatory damages for pain, suffering and medical expense, the lawsuit seeks exemplary damages for Wal-Mart’s alleged indifference to the boy’s welfare.   Dale Lezon, Houston Chronicle 08/03/2007
Read Article: Houston Chronicle  

5th Circuit Court to Hear Key Katrina Appeal
The 5th Circuit Court of Appeals will hear arguments in a significant case for Mississippi homeowners affected by Hurricane Katrina and the insurance industry. Nationwide Mutual Insurance Co. appealed a portion of an August 2006 ruling that questioned a key provision of its policies that excludes damages caused by a combination of wind and water. The same court ruled last week that insurers should not be required to reimburse homeowners who suffered damages stemming from the New Orleans levee failures.    Michael Kunzelman, Houston Chronicle  08/06/2007
Read Article: Houston Chronicle

Tire Company Ordered to Pay for Health Coverage
A German-based tire maker and automotive supplier must pay health insurance premiums for approximately 2,000 retirees, a judge ruled last week. The plaintiffs in the case argued that a union contract with the Continental Tire Co. required the company to cover the premiums of workers who did not qualify for Medicaid. The company has announced that it plans to appeal the decision.  AP, Forbes    08/03/2007
Read Article: Forbes  

Doctor Charged with Performing Unnecessary Surgeries
A California doctor has been accused of falsifying medical records to induce patients to undergo unnecessary medical procedures. According to the felony charges, the doctor forged pathology reports that lead patients to believe they had prostate cancer and in turn seek dangerous treatments. If convicted, the doctor faces more than seven years in prison. Barbara Feder Ostrov, San Jose Mercury News   08/05/2007
Read Article: San Jose Mercury News  

Malpractice Cases Wither Under Texas Law
A 2003 Texas law that placed severe restrictions on medical malpractice lawsuits has many patients, plaintiff and defense attorneys crying foul. The Republican-backed legislation has significantly shrunk the malpractice caseload in the state which has left attorneys on both sides without work and some patients without legal recourse. “This is a bad place to be maimed by a doctor,” said one plaintiff attorney.  Mary Flood, Houston Chronicle   08/06/2007
Read Article: Houston Chronicle  


HEALTHCARE
Death Puts Research Safety in Question
The husband of a woman who mysteriously died from internal bleeding and organ failure suspects that his wife’s death may have been caused an experimental drug made of genetically engineered viruses. While it is still unclear whether the treatment caused the woman’s death, questions are being raised about the circumstances that lead her to participate in the study. The company conducting the study has defended its practices.   Rick Weiss, The Washington Post 08/06/2007
Read Article: The Washington Post  

Issues

Reappointment of Lost Pants Litigant in Doubt
A commission is expected to vote today on whether to begin steps to deny the reappointment of the administrative law judge, Roy Pearson Jr., who filed a $54 million lawsuit over a pair of lost pants. Aside from publicity related to the lawsuit, colleagues and supervisors have raised questions about the judge’s temperament and demeanor in the position. If the commission decides to deny Pearson’s reappointment, he will have 15 days to file a response. Brendan Smith, Law.com 08/06/2007
Read Article: Law.com  

PRODUCTS

Lead Remains a Problem in Children’s Toys, Health Inspectors Say
State and federal health inspectors have discovered that, despite efforts to remove children’s jewelry containing poisonous lead from the market, many of the items are still available in stores. The results of the recent inspections highlight the difficult task health officials face in safeguarding consumers from the millions of toys imported to the United States each year. Lead tainted jewelry is considered especially hazardous to children because of the risk of swallowing.   Eric Lipton and Louise Story, The New York Times08/06/2007
Read Article: The New York Times  


 
Published by TRIALSMITH, Litigation Tools for Trial Lawyers
You received this email because you are subscribed to this service from your trial lawyers association.
• Unsubscribe  • Search National Litigation Bank  • 800-443-1757