October 23, 2006

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TTLA HomeSearch Litigation BankAbout October 23, 2006
Jury Finds for Young Plaintiff in Sexual Abuse Case
Supreme Court to Review Damages in Tobacco Case
Agency Was Lenient in Supervising Transplant Centers
Bureau Analyzes Workplace Fatalities
Trucking Industry Leaders Propose Restrictions on Speed
Bluetooth Devices May Cause Permanent Hearing Loss
Study Questions Safety of Ritalin's Effects on Youth
 
 
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Announcements
Briefcase Online - Fall 2006
The Fall issue of Briefcase Online is out! Visit www.ttla.com to access articles including Disappearing Juries and Jury Verdicts, Moving Med Mal Cases to Health Courts, List Server Hot Tips, and more!  

Laws/Cases
Jury Finds for Young Plaintiff in Sexual Abuse Case
A KY court awarded a girl $16 million in a sexual abuse lawsuit filed against a 72-year-old Vietnam veteran. The verdict included $7.5 million for past and future mental suffering, while the remainder was awarded in punitive damages. There is little chance of collecting the judgment since the defendant's only income is Social Security and disability benefits.  The Associated Press, Louisville Courier Journal  10/22/2006
Read Article: Louisville Courier Journal  

Supreme Court to Review Damages in Tobacco Case
Phillip Morris has asked the Supreme Court to review a punitive damage award for excessiveness. The tobacco company's conduct in failing to disclose to the public the health risks of smoking resulted in a verdict nearly 100 times the amount of actual damages. In addition to the review, the justices must consider punitive damages for injury caused to other smokers who were not parties to the suit.  Marcia Coyle, The National Law Journal - $$ Subscription Required  10/23/2006
Read Article: The National Law Journal - $$ Subscription Required($)  

Healthcare
Agency Was Lenient in Supervising Transplant Centers
The United Network for Organ Sharing (UNOS), responsible for ensuring the safety and fairness in the nation's organ transplant system, has failed to detect and correct problems despite excessive death rates. An LA Times investigation also found the organization's actual findings are kept secret while patients and their families are left unaware of any health risks. The federal government has contracted with the organization to oversee everything about the organ transplant system, allowing UNOS to regulate 259 transplant centers and 58 regional groups that procure and distribute organs.  Charles Ornstein, Boston Globe  10/23/2006
Read Article: Boston Globe  

Labor/Employment
Bureau Analyzes Workplace Fatalities
Construction leads in workplace-related deaths in TX, with Hispanics contributing to 40 percent of total deaths. However, they only made up 33 percent of the total employed workforce in 2004. OSHA has helped fund safety fairs and training programs to reduce the death toll and injuries among construction workers. Throughout the nation, fatal work injuries have increased by 2 percent for Hispanic workers since 2004.  Dianne Solis, The Dallas Morning News  10/20/2006
Read Article: The Dallas Morning News  

Issues
Trucking Industry Leaders Propose Restrictions on Speed
A new proposal by the American Trucking Association aims to lower highway fatalities by equipping heavy trucks with speed controls. The tamperproof controls prevent a truck from going faster than 68 mph. A recent Dallas Morning News investigation found that truckers frequently exceed speed limits and violate other laws, which contributes to a rise in deadly crashes.  Dallas Morning News, The Dallas Morning News  10/21/2006
Read Article: The Dallas Morning News  

Products
Bluetooth Devices May Cause Permanent Hearing Loss
Recent lawsuits in FL against Motorola, Plantronics, and Jabra allege the companies failed to warn consumers that Bluetooth headsets may cause permanent hearing loss. According to the lawsuits, using a Motorola model as little as five minutes a day at maximum volume can damage the inner ear. Lawyers have requested class-action status to represent anyone who has purchased a Bluetooth headset in FL since 2002.  Scott Barancik and James Thorner, St. Petersburg Times  10/20/2006
Read Article: St. Petersburg Times  

Study Questions Safety of Ritalin's Effects on Youth
A study conducted by the National Institute of Mental Health warns that ADHD drug, Ritalin, may not be safe for children under six. The study reported close to 40 percent of the children developed side effects. There was also an 11 percent drop out due to severe problems including irritability, weight loss, insomnia, and slowed growth.  The Associated Press, The Dallas Morning News  10/19/2006
Read Article: The Dallas Morning News  


 
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