| Announcements |  |  |
| TTLA’s First Online Auction is Underway! | | Visit http://ttla.auctionanything.com to pre-bid on auction items that will be sold to the highest bidder at our Annual Auction Party on Thursday, November 30. For more information, visit www.ttla.com. Also, Friday, November 24 is the last day to register online for the Annual Conference events. After that, ‘at-door’ prices will apply. For more information and to register, visit www.ttla.com/annual.
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| Laws/Cases | | |
| State Settles Accusations of Negligence in Inmate's Death | | The family of a teen inmate who died from an undiagnosed brain abscess settled a lawsuit against the state of TX, the state admitted no wrongdoing. The inmate lost 52 pounds in less than 100 days in prison, but he never saw a doctor. The family agreed to an amount of $250,000 to settle the case alleging "deliberate indifference" by personnel. Diane Jennings, The Dallas Morning News 11/18/2006
| | Read Article: The Dallas Morning News |
| Healthcare | | |
| Anemia Drug May Carry Heart Risks | | The drugs known as epoetin and darboetin are both used to treat anemia in dialysis and cancer patients, but studies suggest they may increase the risk of heart problems and deaths. Close to one million Americans are prescribed the drugs sold under the names Epogen, Procrit, and Aranesp. In the study, anemic patients treated with epoetin were 34 percent more likely to die or suffer heart problems than those who were treated with lower dosages. Alex Berenson, The New York Times 11/16/2006
| | Read Article: The New York Times |
| Hospital Charged With Patient 'Dumping' by City | | Kaiser Permanente is the first medical center to be criminally prosecuted on charges of false-imprisonment and dependent-care endangerment. The Los Angeles city attorney's office filed the charges after a 63-year-old woman was videotaped in a hospital gown and socks as she wandered skid row streets. They have also filed a civil lawsuit and seek a court order that would forbid Kaiser from dumping homeless patients on skid row and impose financial sanctions if it violates the order. Richard Winton and Cara Mia DiMassa, LA Times 11/16/2006
| | Read Article: LA Times |
| Labor/Employment | | |
| Employers Increase Electronic Monitoring | | Employees abusing their access to electronic communication may experience more frequent monitoring by employers. Employees have become "so comfortable" communicating via email and other forms of internet messaging that "negative consequences of mixing work, play and technology are catching up." Based on a 2006 survey by the ePolicy Institute in OH, 26 percent of 416 companies surveyed have fired an employee because of inappropriate use of e-mail. Margarita Bauza, Houston Chronicle 11/20/2006
| | Read Article: Houston Chronicle |
| Issues | | |
| Carnival Cruise Passengers Suffer From Outbreak of Virus | | More than 700 people on board a Carnival Cruise Transatlantic Voyage were affected by a contagious stomach flu-like illness by the end of their 16-day cruise. The illness was believed to be a norovirus, and caused extreme gastrointestinal distress. The chief of the cruise ship sanitation program believes passengers brought the virus with them but said "It's impossible for now to say what the source is." South Florida Sun-Sentinel, The Dallas Morning News 11/15/2006
| | Read Article: The Dallas Morning News |
| Libby Population Sees More Deadly Effects of Asbestos | | Asbestos related diseases, once thought to be largely limited to workers at W.R. Grace's vermiculite mine or their families is claiming victims much more broadly. The youngest are in their mid-30s, and many never set foot in the mine, which closed 14 years ago. Out of the 8,000 people living in and around Libby, over 1,500 have been diagnosed with asbestos-related illnesses. Michael Riley, Denver Post 11/19/2006
| | Read Article: Denver Post |
| Ground Zero Autopsy Guidelines Abandoned | | The National Institute for Occupational Safety abandoned efforts to create standard autopsy guidelines for deceased rescue workers. The standardized autopsies could have determined possible links between workers' deaths and the air toxicity at Ground Zero. The chief medical officer for the city Fire Department said one of the study's "insurmountable barriers" included the possibility that the information could be used in civil lawsuits by lawyers and others with an "undeniable self-interest" in the cause of death. The Associated Press, The Washington Post 11/19/2006
| | Read Article: The Washington Post |
| Products | | |
| FDA OKs Use of Silicone Breast Implants | | The 14-year ban on silicone gel breast implants was lifted by the FDA last week, which deemed them safe for women ages 22 and older. The controversy over the safety of silicone gel was fueled by two decades of lawsuits alleging they caused cancer and rheumatoid arthritis. Critics of the decision lambasted it and said that longstanding safety concerns had not been resolved. Stephanie Saul, The New York Times 11/18/2006
| | Read Article: The New York Times |
| OSHA Scientist Faces Suspension for Asbestos Warnings | | A scientist at the Occupational Safety and Health Administration was threatened with suspension for not revising asbestos warnings to auto mechanics working on brakes. According to documents, OSHA told the scientist he would be suspended for 10 days without pay, but the advisory bulletin remains online as the scientist stands by his "solid" claim. According to a government union, OSHA wants his advisory to include auto industry funded studies that say asbestos in brakes does not pose any risk. Andrew Schneider, Baltimore Sun 11/20/2006
| | Read Article: Baltimore Sun |
| TEXAS LAWYER CASE SUMMARIES | | |
| Dallas Court of Appeals: Civil Practice | | The claim in the amended pleading is subject to the limitations defense if the claim alleged in the original pleading was subject to a plea of limitations when the pleading was filed. Bratcher v. Boeke, Dallas Court of Appeals, 05-06-00080-CV, 11-13-2006. , Texas Lawyer Opinions (TTLA Members Only) 11/20/2006
| | Read Article: Texas Lawyer Opinions (TTLA Members Only) |
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