Thursday, December 23, 2010

Defective Drug Lawsuit Against Hormone Therapy Drug

Nadine Bender and Sheila Scott are two women who come from two different backgrounds but are connected by one critical point: They both say that the hormone therapy drugs they took to offset their menopausal symptoms caused their breast cancer and the pharmaceutical companies who made, promoted and sold the drugs should pay for their suffering. A defective drug lawsuit has been filed against Delaware-based Wyeth Pharmaceuticals, now owned by Pfizer, and Upjohn Company and their case is scheduled to go to trial in early January. Upjohn is the maker of Provera, a progestin pill that was taken with Wyeth’s estrogen pill, known as Premarin. Wyeth later combined progestin and estrogen in a drug called Prempro. “The Bender-Scott case is one of more than 5,000 lawsuits that have been filed across the country saying the companies manufactured and sold defective products while concealing information about the risks. The trial comes only two months after the Nevada Supreme Court upheld a $58 million jury award to three women — Arlene Rowatt of Incline Village, Pamela Forrester of Yerington and Jeraldine Scofield of Fallon — who made identical claims against Wyeth in a 2007 trail. Forrester and Rowatt have since died.” Read more..

Thursday, December 16, 2010

Criminal Negligence in Friend's Death

A young man is being charged of criminal negligence after his friend, Willie Tracey, was injured in a fall that eventually claimed his life. Tracey had met up with his friend, the accused, who was driving an SUV and decided to hang onto the side of the vehicle while on his skateboard. Just after going a short distance, the driver and passenger heard a thud, they stopped the vehicle got out and found Tracey in the street. Tracey was taken to Aberdeen Hospital in critical condition and died nearly two weeks later.

Tuesday, December 14, 2010

Florida Couple Attacked by Pit Bull

A Florida couple Angelia and Steve Owens are recovering after they were badly bit by a friend’s pit bull. According to Angelia Owens, the pit bull turned violent after her husband, Steve Owens, tried to feed the animal. "As soon as he cracked the gate open to reach in and pull the bucket, the dog just jumped right over him and grabbed my arm," she said. "He grabbed my arm, and he locked on. He was trying to get up in between me and the dog, which he did. He got in between me and the dog, and he was trying to tell the dog to let me go. The dog was steady pulling, steady snatching." Angelia ran inside her home to call for help after she had managed to break free from the dog. The couple was keeping the dog temporarily for one of Steve's friends, who was already considering putting the animal to sleep. According to Broward Sheriff's Office deputies, they arrived to a bloody scene. "When we arrived, we saw a lady in the middle of the street with her arm bleeding from several puncture wounds. She was in distress, and she said that the dog was attacking someone inside the house as we were there," BSO Sergeant John Phillips said. "They directed us inside of the house. We went in the house and found the dog hanging off that gentleman's arm. It was latched on. He was holding it in the air. The dog wouldn't let go, and he was begging us to shoot the dog." The dog died after being shot twice.

Monday, December 13, 2010

Wrongful Termination Suit Wins $250,000

Ray Barker, a former employee at Genesee County Community Action Resource
Department, claimed he was wrongfully terminated after reporting concerns to his
employer the company was distributing asbestos in low-income housing. Barker told
a court the company was installing insulation in a free program for needy families but
was potentially distributing the deadly fibers in the process. “After Barker reportedly
discovered a mine in Montana produced asbestos, he realized the same type of
material was in the insulation he installed in the homes. He alleges the company that fired him changed their rules to solve the problem shortly after he was let go.” Barker filed a wrongful termination suit against the company and won a $250,000 settlement this week, according to a news source.

Thursday, December 9, 2010

Woman Wins Largest Personal Injury Case in Western New York

Natalie Barnhard of Cheektowaga, N.Y. has won the single largest personal injury award in western New York history. A state supreme court jury has awarded 30-year-old Barnhard $66 million after she was paralyzed in a workplace accident. Barnhard was permanently injured six years ago when a weight machine fell on top of her at Amherst Orthopedic Physical Therapy. The judgment is against Cybex International, the manufacturer of the machine.

Tuesday, December 7, 2010

Negligence in Toddlers Death?

Jolene Cotto is asking a jury this week to find that radiologists, Drs. Jong D. Kwon and Ronald H. Kihm, and Sylvan Radiology Associates of Howard Avenue, who analyzed the X-rays of her 23-month-old daughter, Ashley Cotto, were negligent and award financial damages to the child’s estate. Cotto's attorney, Scott Melton of Pittsburgh, said in his opening statement Monday that Ashley started to cry on Jan. 24, 2006, with a peanut in her mouth and then later started to wheeze, he said. The next day, the child continued to have difficulty breathing and was taken to a doctor, who initially said she might have bronchitis. An X-ray of her chest appeared to be clear, according to the results. Because Ashley continued to have breathing problems, another X-ray was taken on Feb. 24, 2006, Melton said, and again there were no findings. Ashley was repeatedly taken to the doctor's office and the hospital, but despite those visits, her health continued to deteriorate, Melton said. She was taken to the emergency department March 5, 2006, when she had trouble breathing and her lips turned blue. She died the next day. An autopsy was done by Dr. Samuel Land, a forensic pathologist in Allentown, who discovered the peanut in the child's bronchial tube.

Wednesday, November 24, 2010

Nursing Home Hit With $42.75 million Lawsuit

Harborside Healthcare nursing, now known as Hillside Villa Care and Rehabilitation Center, has been served with a $42.75 million verdict in a wrongful death lawsuit filed over the gross negligence of the staff. The lawsuit was filed by Pearline Offutt, whose husband, James Offutt, died of dehydration and suffered from bedsores, malnutrition and infections. Pearline Offutt had successfully taken care of her 92 year old husband for eight months after he suffered a stroke but just nine days after being placed in the nursing home Offutt was transferred to a hospital and died. Last Tuesday, a Hopkins County Circuit Court jury found that negligence on behalf of the nursing home staff led to Offutt’s death. They awarded Pearline Offutt, his wife of 58 years, $1 million for negligence resulting in death, $1.75 million for loss of consortium, and then issued a punitive damage award of $40 million against the nursing home for the gross negligence of their actions.

Tuesday, November 23, 2010

Medical Malpractice Suit After Routine Surgery

Stacey Galette, 30, is suing a Long Island hospital for medical malpractice when she suffered a double leg amputation after a routine gynecological operation. Galette lost both of her legs below the knee after a gangrenous infection set in as a result of an alleged accident, when Galette’s intestine was allegedly punctured during a routine gynecological operation at Winthrop University Hospital in Mineola, N.Y., in October 2009. “The suit is claiming medical malpractice, as the puncture lead to infection and blood poisoning, while Galette was in a coma for three weeks.” She woke up with her legs amputated. Galette now uses prosthetic legs to get around and has also moved from Long Island to live with her godmother, who helps her take care of her 10-year-old daughter.

Tuesday, November 16, 2010

Woman Mauled by Bulldog

Karen Stewart of Lagrange, Maine had to be airlifted to Eastern Maine Medical Center after she was mauled and dragged by a neighbor’s bulldog. Police characterized her injuries as “life-threatening.” Stewart was out for a walk on a dirt road that serves as a driveway connecting three different residences, the dog apparently attacked for some unknown reason and police won’t be able to find at anytime soon since she is still unable to talk. “The dog’s owner has been charged with keeping a dangerous dog, but it’s safe to say there may be more charges once the investigation is finished,” said Main State Trooper Barry Meserve. “In a normal dog bite case, we wouldn’t be involved, but this is a life-threatening case. We get the occasional dog bite call, but nothing like this.” “She was dragged some ways, and evidently was able to crawl back to the residence she was staying at and yell for help and they tried to give her as much aid as they could,” Meserve said.

Tuesday, November 9, 2010

Young Mans Life Taken in Tragic Auto Accident

22 year old, Jordan Gautreau was in the process of putting up signs in front of a Baton Rouge church, Healing Place Church, when he was run over by an SUV in the front entrance parking lot. Many of the church members are having a hard time dealing with the death of this young mans life. Troopers said the wreck happened when a Toyota Highlander was side-swiped by a BMW turning left on Highland Road headed to Healing Place Church around 7 a.m. They said the SUV veered off the road and hit Gautreau. State Trooper Russell Graham said the driver of that BMV, Peter Moore, 22, was charged with failure to yield. "It just really goes to show how important it is that we pay very close attention to what we're doing while we're driving," Graham said.

Wednesday, October 27, 2010

$11.5 Million Awarded to Woman Who Lost Unborn Baby Due to Negligence

$11.5 million has been awarded to Sabine Miller, 30, who lost her unborn baby and her small intestine due to negligence by staff at Edward Hospital in Naperville. Miller had been taken to the hospital on the night of Nov. 30, 2004, with abdominal pains. She was 14 weeks pregnant at the time and admitted to the postpartum unit, where nurses failed to monitor her deteriorating condition and that of her unborn baby, attorney Robert Strelecky said. When Miller was 4 years old she had suffered a twisted intestine and had told medical personnel of this prior condition.

Several hours had gone by and Miller had lost consciousness before medical personnel moved her to the intensive care unit. By then, her small intestine was beyond saving and her baby was dead, Strelecky said. Miller had a small intestine transplant months later at Northwestern Memorial Hospital but is expected to face severe medical challenges for the rest of her life, including a number of risk factors if she were to try to get pregnant again, her attorney said.

Tuesday, October 26, 2010

$750 Million to be Paid by Drug Maker for Defective Drugs

$750 million has been agreed to be paid by GlaxoSmithKline, one of the world’s largest pharmaceutical makers, to settle a Justice Department lawsuit accusing the company of selling adulterated and improperly made drugs, federal officials say. This settlement is the result of a long-running federal investigation of the company’s former drug manufacturing plant in Cidra, Puerto Rico. “The government claimed that the plant churned out medications that were mislabeled, mixed up in the wrong packaging, and even defective – made either too weak or too strong. The allegations included such popular prescription drugs as Paxil and Avandia.” "We regret that we operated the Cidra facility in a manner that was inconsistent with current Good Manufacturing Practice (cGMP) requirements and with GSK's commitment to manufacturing quality," PD Villarreal, GSK's senior vice president and head of global litigation said in a statement Tuesday. "GSK worked hard to resolve fully the manufacturing issues at the Cidra facility prior to its closure in 2009 and we are committed to continuous improvement in our manufacturing processes." The Justice Department's original lawsuit claimed that the plant mixed different strengths of some pills together, such as both 30 mg and 10 mg tablets in the same bottle. The government also claimed that some drugs were contaminated with micro-organisms, including an ointment used to treat skin infections in small children and an injectable drug for treating nausea in patients undergoing chemotherapy.

Tuesday, October 19, 2010

Meridia Weight Loss Drug Recall

The FDA has asked Abbott Laboratories to issue a recall of the weight loss drug Meridia and to stop marketing the product in the United States due to results of a study indicating an increased risk of heart attack and stroke in Meridia users. In November 2009, the finding of a study known as SCOUT (Sibutramine Cardiovascular Outcomes Trial) prompted a Meridia recall in Europe and a FDA safety review in the United States. The study showed a 16% increase in the risk of heart attack, stroke, death and the need for resuscitation upon cardiac arrest in patients taking Meridia compared with those receiving placebo. The study also only showed a 2.5% difference in body weight between the two groups. After examining the drug’s risk-to-benefit ratio, the FDA asked Abbot Laboratories to issue a voluntary Meridia recall.

Tuesday, September 14, 2010

Man Dies Due to Infection from Dog Bite

Kenneth Bock’s family is suing dog owner, Konrad Haskins, after Kenneth died due to a bacterial infection from a dog bite. Attorney Chris Davis said, “Bock, who was an employee at Chain Lake Mini-Storage, had gone out to talk to Konrad Haskins who was sitting in his car with his dog, after the dog had, reportedly, bit another customer at the storage facility.” Davis says that Haskins had brought his dog to the storage facility, where he rents a unit, and was letting the dog wander the property independently. When another customer came into the office to complain that they had been bitten by Haskin's dog, Haskins took his dog and sat in his truck.
According to Davis, Bock approached Haskins and his dog in the vehicle. Davis said Bock approached Haskins on the drivers' side of the car. When he went to speak to Haskins, the dog that was sitting on his lap reached outside the car and bit Bock. Bock treated the wound as a minor injury, cleaned it, wrapped it, and made plans to go to the doctor the next day. But Davis says that by the time Bock got to the doctor, his left leg was already numb due to a blood clot. Bock died seven days later from a bacterial infection that he received from the dog bite, despite doctors identifying what was making Bock sick as early as the day after the dog bite. According to common law on dog ownership, dog owners are responsible from keep their animal away from humans if it shows signs of aggressive behavior, and can be handled by confining the animal to a place away from humans, or putting them down. Owners are also liable for dog bites when they occur on public property or the dog owner's property, if the person has been invited onto the property.
Haskins put the dog to sleep two days before Bock died.

Tuesday, September 7, 2010

Boy Killed in ATV Accident

Monday afternoon a ten-year old boy drove his all terrain vehicle onto a road in front of a pickup truck he apparently didn’t see. CHP officer Bryan Savage said, “the driver of the truck never saw the young man until the impact. He said truly all he saw was his helmet when he was right in front of his vehicle." The 10-year-old boy was killed instantly. A passenger in the pickup was injured when it swerved into a power pole knocking down lines for half a mile in each direction. The boy had been riding along a canal bank just ahead of his brother when he entered the roadway. Neighbor Penny Collins said it's a popular place for AVT and motorcycle riders. "They cross this main highway to come out and ride their motorcycles and they usually don't stop"

Thursday, September 2, 2010

$12 Million Settlement for Peanut Butter Contamination

A settlement of $12 million has been approved by a federal judge to be distributed among victims of the peanut butter salmonella contamination that started nearly two years ago. The settlement would address personal injury claims brought by about 120 people, including nine wrongful death lawsuits.
The lawsuits were filed against Peanut Corp. of America, based in Lynchburg, which has filed for Chapter 7 bankruptcy as a result of the nationwide food poisoning outbreak. The amount of money each plaintiff will receive from the settlement varies greatly, from $2 million to under $50,000. Most will get less than $100,000. The 2008-2009 food poisoning was linked to illnesses in more than 700 people. The contamination was traced back to unsanitary plant conditions, and it has been alleged that PCA was aware of the problem but distributed the tainted products anyway.

Tuesday, August 31, 2010

Wrongful Death in Drowning Incident

The parents of 16-year-old, Jesus “Jesse” Prado, who drowned almost four months ago in the Ironwood High School pool in Glendale, Ariz., have filed a wrongful death claim. Prado died two days after a classmate pulled him from the pool’s deep end. Prado's family is seeking $26 million in damages from the city of Glendale and the Peoria Unified School District and more than $170,000 in medical expenses plus $10,000 in funeral expenses.

Friday, August 20, 2010

$3.7 Million Dollar Wrongful Death Lawsuit Filed

The family of Lindsay Leonard has filed a wrongful death lawsuit for $3.7 million against the city of Portland, Oregon. “Leonard was crossing a street in 2009 when she was hit and killed by a passing car, and her family is claiming that a streetlight above the crosswalk was not lit, the lawsuit said. Additionally, the lawsuit claims crosswalk markings were in "disrepair" and that the city had known about the potentially hazardous issues at the intersection for at least a year prior to the collision.” In addition to naming the city of Portland as a defendant, the lawsuit also names Portland General Electric (PGE) as responsible for the unlit streetlight, the driver of the vehicle - who was not charged by police in the incident - and the driver's company, which owned the car.

Wednesday, August 18, 2010

Three Car Accident Leaves One Injured

18-year-old, Kristopher Lee Sweigart, was driving his Chrysler convertible when he struck a guard rail and then the back of a semi-trailer truck due to him not being able to reduce his speed as he approached a construction zone on the highway. A third vehicle, a 1995 Nissan driven by Sylvestre Sanchez-Garcia, 18, was able to avoid the other two vehicles, police said, but his vehicle spun around several times before landing in a ditch. According to the report, Sweigart had to be extricated from the vehicle and was taken to Carle Foundation Hospital in Urbana, where he was listed in good condition Wednesday.

Friday, July 30, 2010

Wrongful Death with Assisted Living Facility

Woods Services, a facility that provides residential, educational and vocational supports for children and adults with special needs, is facing a wrongful death situation after one of its residents with severe autism was left inside a van parked at the facility for over five hours resulting in his death. “20-year-old,Brian Nevins, of Queens, New York, died of hyperthermia after he and several others from the center returned from a trip to the Sesame Place theme park, according to Bucks County Coroner Dr. Joseph Campbell.” According to reports, a male counselor escorted two clients to their residences after they returned from the trip. The second counselor took one client back to the residence but left Nevins behind. Nevins was seated in the far rear seat of the van. Temperatures Saturday reached 97 degrees. The heat index for the area reached triple digits.

Thursday, July 29, 2010

Portable Baby Recliners Recalled

On July 26th the U.S. Consumer Product Safety Commission (CPSC), in cooperation with Baby Matters LLC, is issuing a recall of 30,000 Nap Nanny portable baby recliners. “The product is a portable recliner designed for sleeping, resting and playing. It includes a foam base with an inclined indentation for the infant to sit, along with a fitted fabric cover and a three point harness. The first generation model does not have “D”-rings for the harness.” The CPSC is investigating a report of a 4-month-old girl from Michigan who died in the product as it was being used in the crib. According to preliminary reports, the infant was in the harness, but found hanging over the side of the product. She was caught between the Nap Nanny and the crib bumper.
According to the press release, “Infants can partially fall or hang over the side of the Nap Nanny even when the harness is in use. This situation can be worse if the Velcro strap, located inside the Nap Nanny are not properly attached to the “D”-rings located on the foam, or if consumers are using the first generation model Nap Nanny that was sold without “D”-rings.” The products were sold at toy and children’s retail stores nationwide and on the web, including at the company website,, from January 2009 through July 2010. They retailed at approximately $130.

Thursday, July 22, 2010

Medical Malpractice Suit Goes to Trial

In 2003 Maria Storm and her husband, Douglas Storm, sued Dr. Patrick Zimmerman claiming, “he failed to properly diagnose Maria’s skin cancer when he removed a lesion from her back in 1999.” In 2005 Maria Storm died of cancer. Wednesday morning testimony got under way in the second trial of Maria’s medical malpractice suit over the diagnosis of her skin cancer. The case was originally tried in January 2007, with the jury returning a verdict for Zimmerman. However, the plaintiff successfully appealed to have the verdict thrown out after one of the case's original jurors lied about his role in two pending Madison County lawsuits during voir dire. In opening statements, plantiff’s attorney Rex Carr, stressed the testimony of several other doctors that would prove Zimmerman, a Collinsville family practice doctor, failed to meet the standard of care when he treated Maria Storm more than 10 years ago. "She was told not to worry about it and she didn't," Carr said.

Monday, July 19, 2010

Pitbulls Attack Owner

Two dogs, described as “pitbull types,” attacked their owner in his home. The 34-year-old victim, who had serious head and arm injuries, was initially taken to Tauranga Hospital but was transferred to Waikato Hospital for specialist care late this morning. Ambulance officers called police who shot both dogs dead, saying they were too dangerous and posed a risk to anyone who got near them. Senior Sergeant Rob Glencross, of Tauranga police, said the man's injuries were "pretty horrific".