October 17, 2006

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October 17, 2006

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Toxic Mold Lawsuit Against Costco Will Proceed

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HMO Settles Doctors' Class-Action Suit

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Hospital Quality Varies Widely Throughout Nation

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Patients and Doctors Lack Good Communication

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Former FDA Chief Faces Conflict of Interest Charges

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Cleaning Product Repeatedly Mistaken for Soft Drink

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Eastland Court of Appeals: Torts, Employment

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Waco Court of Appeals: Torts/Civil Practice


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Laws/Cases

Toxic Mold Lawsuit Against Costco Will Proceed

A court ruling has allowed an employee of Costco Wholesale Group to proceed with a lawsuit against the company. The suit alleges Costco fraudulently concealed information about toxic mold present on its property. A previous suit was dismissed after a trial court found several causes of action were barred by workers compensation. Roberto Ceniceros, Business Insurance 10/16/2006

Read Article: Business Insurance

Class Action

HMO Settles Doctors' Class-Action Suit

A lawsuit filed on behalf of 40,000 NJ doctors against Horizon Blue Cross Blue Shield for routinely shortchanging thousands of physicians through late or improperly reduced payments reached a settlement. The insurer agreed to cover all legal fees and to "continue significant business practice improvements." Jeffrey Gold, Boston Globe 10/16/2006

Read Article: Boston Globe

Healthcare

Hospital Quality Varies Widely Throughout Nation

A HealthGrades Hospital Quality in America study found there is a 69% lower risk of dying in a "5-star" hospital compared to those ranked as a "1-star." There has been a 5% increase in the gap between the best and worst hospitals despite an overall decline in hospital deaths. HealthGrades analyzed 40.6 million records at over 5,000 hospitals to assess their quality of care. HealthDay News, Forbes 10/16/2006

Read Article: Forbes

Patients and Doctors Lack Good Communication

A study revealed that a lack of communication between patient and doctors could cause critical health concerns to be overlooked. According to reports, a busy doctor interrupts his patient 12 to 22 seconds after they begin disclosing their health concerns. Audiotapes have also revealed that 25% of doctors did not name the drug prescribed, and close to half were unclear about the dosage. Joe Graedon and Teresa Graedon, Houston Chronicle 10/16/2006

Read Article: Houston Chronicle

Issues

Former FDA Chief Faces Conflict of Interest Charges

Lester Crawford, the former chief of the FDA, was charged with conflict of interest and withholding information about stock he owned. The FDA prohibits senior employees from owning shares in companies regulated by the agency. Crawford is expected to plead guilty to both charges in federal court. Stephanie Saul, The New York Times 10/17/2006

Read Article: The New York Times

Products

Cleaning Product Repeatedly Mistaken for Soft Drink

Fabuloso, a household cleaning product, has been accidentally ingested by 104 patients, according to hospital reports. A study found that 94 were unintentional and two were occupational exposures, none causing serious harm. The product is sold in various colors in a one-liter bottle shaped similarly to those of soft drink containers. Nicholas Bakalar , The New York Times 10/17/2006

Read Article: The New York Times

TEXAS LAWYER CASE SUMMARIES

Eastland Court of Appeals: Torts, Employment

By assigning the task, offering suggestions on completing the task and reserving the right to stop unsafe work practices, Trinity Materials, Inc. did not exercise control over Brad Johnson s work so as to create a duty. Transit Mix Concrete & Materials Co. v. Johnson, Eastland Court of Appeals, 11-03-00300-CV, 10-12-2006. , Texas Lawyer Opinions (TTLA Members Only) 10/17/2006

Read Article: Texas Lawyer Opinions (TTLA Members Only)

Waco Court of Appeals: Torts/Civil Practice

Torts, Civil Practice -- Weighing the evidence using all the Timberwalk factors, it was foreseeable as a matter of law that an assault might occur in the bar. Del Lago Partners, Inc. v. Smith, Waco Court of Appeals, 10-04-00252-CV, 10-11-2006. , Texas Lawyer Opinions (TTLA Members Only) 10/17/2006

Read Article: Texas Lawyer Opinions (TTLA Members Only)




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