Archive for February, 2007


Briefs

Oscar Mayer Chicken Linked toBacterial Contamination

Oscar Mayer issued a nationwide recall of their fully cooked chicken breast strips because they may be tainted with Listeria monocytogenes. The bacteria can cause listeriosis, a rare but serious infection. The company recalled 52,650 pounds of chicken breast strips that had been produced on Jan 9th and distributed nationwide to retailers.

Counterfeit Drugs Cause Increasing Number of Deaths

A growing epidemic of fake medications in Asia has been linked to as many as hundreds of thousands of deaths annually. A recent sampling found that 53 percent of malaria drug treatments purchased in Southeast Asia were fakes and also discovered counterfeit treatments for AIDS and tuberculosis. The World Health Organization estimates that one fifth of the one million annual deaths from malaria would be prevented if all treatments taken were genuine.

Court Upholds Ruling Agains General Electric

General Electric Co. must pay $115 million to cover thousands of asbestos claims. An appeals court did not allow GE to tap into secondary insurance to pay claims filed by people who were exposed to asbestos-insulated turbines. GE currently has 509,000 asbestos claims pending.

Drug maker Settles lawsuit Over Aids Treatment

EMD Sorono Inc. will settle accusations of deceptive marketing of Serostim. The company will pay $24 million to resolve a civil lawsuit alleging they promoted the use of an unapproved medical device that gives improper diagnoses and marketed its AIDS drug for uses not approved by the FDA. The settlement will reimburse health plans, health insurance providers and individuals who paid for the drug.

Homeowners Near LandmarkSettlement in Hurricane Suits

The Citizen’s Property Insurance Corporation, LA’s state run insurer, has agreed "in principle" to settle out of court with 165 homeowners who were denied coverage for hurricane damage. The broad settlement will be the first of its kind in LA since Hurricanes Rita and Katrina led to thousands of lawsuits. The terms of the settlement may be announced later this week.

Former IBM Employee Sues Over Internet Addiction

A NY man claims IBM was wrong in firing him for visiting an adult chat room during work and has filed a $5 million lawsuit against the company. The plaintiff considers himself an Internet addict who deserves protection under the American with Disabilities Act. According to the suit, the plaintiff visits chat rooms to treat traumatic stress caused by seeing his best friend killed in Vietnam in 1969.

Honda and Acura odometers Show Inaccurate Mileage

Six million owners of Hondas and Acuras will be entitled to warranty extensions or compensation because their odometers counted miles too fast. The attorney who filed suit suspects that car makers deliberately manufacture their odometers to count off miles more quickly in order to help trim warranty costs. The National Highway Safety Traffic Safety Administration does not regulate odometer accuracy and the Society of Automotive Engineers’s voluntary standard allows a plus or minus 4 percent variation in accuracy. 

Student Sues Blue Shield Over Dropped Policy

Blue Shield of California is facing a lawsuit after dropping a college student following his hospitalization. The suit seeks a court order that would prevent the insurer from canceling policies for people who become ill and submit claims for treatment. Recent reports found that Blue Shield and its competitors routinely drop policyholders who run up medical bills.

JetBlue Founder ‘Humiliated’ over Flight Cancellations

A huge breakdown in JetBlue Airways’ operations has led to nearly 1,000 cancelled flights in the course of five days. The CEO of the airline attributes the crisis to their understaffed communication system and an undersized reservation system. The company on Tuesday plans to announce a compensation plan for stranded passengers.

Organic food maker Recalls Baby Food

Hain Celestial Group Inc. has pulled their baby food off shelves because of potential contamination with the bacteria that causes botulism. The company is recalling close to 100,000 individual jars and almost 39,000 variety packs. The FDA reports that botulism is potentially deadly, but no illnesses have been reported.

Websites SendConsumers Wrong Medications

The FDA warned consumers about purchasing medications over the internet after a number of people received the wrong medications. Consumers who ordered sleep aids, antidepressants and other drugs were instead shipped a powerful antipsychotic, which caused some to require emergency hospital treatment. The individuals who received the drugs ordered them from a variety of commercial websites.

Contaminated Peanut Butter Spurs Serveral Lawsuits

Consumers in TX, MO and NY began filing the first of many expected lawsuits over a salmonella outbreak linked to peanut butter. An attorney based in Seattle claims over 500 people contacted his firm regarding possible lawsuits against ConAgra Foods Inc, the maker of the tainted peanut butter. Officials continue to investigate the source of the contamination.

Sattellite Radio Competitors Agree To Merge

The world’s two proviersof satellite radio agreed to merge, vowing to endtheir brutal battle for customers and to work together to persuade more people to pay for a medium that most use for free.

In implicitly acknowledging that the market can’t support two such services, the deal also posed a bigger question: Can it support even one?

More than 80 million people listen to AM or FM radio.Some 90 million people have iPods. About 65million people listen to Internet radio.Yet only 14 million have satellite radio receivers – and have agreed to pay $13 a month to subscribe to digital feeds of music, sports, and talk – despite the two rivals’ investments of billion of dollars in marketing and technology.

Supreme Court’s New Tilt Could Put Scalia On a Roll

It has been two decades in the making, but this is the year Justice Antonin Scalia, the Supreme Court’s most outspoken dissenter, could emerge as a leader of a new conservative majority.

Between now and late June, the court is set to hand down decisions in four areas of law — race, religion, abortion regulation and campaign finance — where Scalia’s views may now represent the majority.

In each of those areas, the retirement of centrist Justice Sandra Day O’Connor and her replacement with Justice Samuel A. Alito Jr. figure to tip the court to the right. That would give the 70-year-old Scalia the chance to play a part that has largely eluded him: speaking for the court in major rulings.

Scalia does not see shades of gray in most legal disputes; instead, he favors clear rules and broad decisions.

A series of broad-brush rulings could put Scalia’s stamp on some key American social issues. A Scalia-led majority would move to outlaw the use of racial guidelines to achieve integration, allow a greater role for religion in public life, more tightly regulate abortion, and strike down campaign-funding laws seen as constricting free speech.

It is a prospect dreaded by liberals, and eagerly awaited by many on the right.

Though his majority opinions have been few, Scalia has been anything but silent in his long career. His influence has been considerable, especially for a generation of lawyers inspired by his championing of "originalism" — strict adherence to the original meaning of the words in the Constitution.

Scalia does not grant media interviews, but in recent years he has spoken regularly at colleges and law schools, and he rarely fails to make news with an off-the-cuff comment. When asked to explain his role in the Bush vs. Gore decision that halted Florida’s recount in the 2000 presidential race, his standard rejoinder is: "Get over it."

His dissenting opinions have won him "a nearly cult-like following among many conservatives," said author Kevin A. Ring, whose book "Scalia Dissents" contains the justice’s writings in a dozen areas of law.

Still, much more than memorable dissents were predicted when the Senate unanimously confirmed Scalia, then a federal appellate judge, to the high court in 1986. A former law professor, he was seen as smart, witty and charming. Many thought he would lead a conservative counterrevolution.

But he has not quite lived up to early expectations.

His temperament may be to blame, George Washington University law professor Jeffrey Rosen says in a new book accompanying a PBS series on the Supreme Court. Rosen writes that Scalia’s acerbic style and his know-it-all manner have turned colleagues against him.

Scalia’s conservative admirers say the blame lies not with him but with other Republican-appointed justices, such as Anthony M. Kennedy, David H. Souter and O’Connor, who turned out not to be true conservatives.

Briefs

Jury Finds for Family in "Wrongful Birth" Case

The family of an unborn child whose life-threatening genetic defect went undiagnosed was awarded $28 million in damages. Health care professionals reported that tests showed no signs of defects in the fetus, but upon birth all signs of a life-threatening genetic defect were present. The jury found the child’s high-risk-birth specialist to be 50 percent negligent, while the remaining liability was placed on a medical testing lab and its director.

Researchers Find Disparities in Patients’ Care

A recent study showed that hospitals treating more African-American stroke patients provided inadequate treatment as opposed to hospitals that treated more Caucasian stroke patients. A study reviewed data on 656 hospitals and found African-Americans were less likely to receive proper medication and referrals for smoking cessation efforts. Researchers attributed the variation in care to the hospitals where patients were treated rather than to the race itself.

Report Confirms Increasing Autism Rates

A study by the Centers for Disease Control and Prevention showed that one child in 150 develops a type of autism spectrum disorder by the age of 8. Average delays in diagnosis were reported at a year and a half from the time parents noted any symptoms. Researchers analyzed cases of the disorders in 14 states.

Hospital Accused of "Dumping" Paraplegic on Street

Witnesses reported seeing a Hollywood Presbyterian Medical Center van "dump" a homeless paraplegic on a skid row. Police are investigating an earlier dumping case linked to the same hospital. California authorities have brought "homeless dumping" charges against dozens of CA hospitals and outside law enforcement agencies.

State Detention Center Agrees to Settle Child Abuse Claims

Multiple abuse lawsuits against an Alabama youth detention center will be settled by a $12.5 million payment by the state. Forty-eight girls alleged they were sexually and physically abused at the center during detainment. Fifteen employees were fired or resigned from the center after allegations surfaced.

Exonerated Man Settles Lawsuit Against Kentucky City of Police Officers

A former prisoner agreed to a $3.9 million settlement after being the first Kntucky resident exonerated through DNA evidence. His lawsuit alleged he was wrongly arrested on rape charges that caused him to endure seven years of degradation while imprisoned. The court sided with the plaintiff, who demonstrated that police used discredited identification procedures to arrest him.

Appeals Court Stands By Verdict Against Drilling Company

A Colorado sheep rancher will keep a $4 million jury award after an appeals court rejected arguments from the defendant, a natural-gas drilling company. The rancher sued Williams Production Co. for failing to pay the royalties he was due over several years. The company ineffectively argued that evidence was improperly excluded and that the jury instructions and damage calculations were inaccurate.

Terminally Ill Woman Seeks to Avoid an “Undignified” Death

A terminally ill woman in England is seeking to avoid an "undignified" death has asked the High Court to force her doctors to let her die.

In an unusual case, lawyers for Kelly Taylor, 30, who suffers from heart, lung and spinal conditions, argued that doctors are breaching Article 3 of the European Convention on Human Rights (ECHR), which bans “inhuman or degrading treatment", by making her live in pain until her condition naturally ends her life.

Mrs Taylor has been told that she may have less than a year to live, but she wants her doctors to first end her suffering by sedating her with morphine and then, following instructions laid out in a "living will", to make no attempt to keep her alive by feeding or hydrating her.

“I have made the decision because enough is enough. I don’t want to suffer any more," Mrs Taylor said. "My consultant has told me that he does not expect me to live for another year.

“In that time I will deteriorate and that deterioration will become quite undignified. I want to avoid that.”

But doctors have refused, saying it would amount to euthanasia.

Human rights lawyers believe that Mrs Taylor may have difficulty convincing the court that she should be allowed to die.

One expert said: “The case highlights the inherent tension within the European Convention of Human Rights between Article 2, which upholds the right to life and Article 2, which protects against degrading treatment.

“Mrs Taylor is likely to run into difficulty because there is no existing European case law to support her position that Article 3 compels doctors to assist her in dying.”

Today’s case, which will proceed to a full hearing next month, is thought to be unique, although terminally ill patients have attempted similar arguments in the past.

Smith’s Death Appears Nonviolent

Anna Nicole Smith wasn’t suffocated, stabbed, shot or bludgeoned, but the medical examiner who conducted a six-hour autopsy on the pop-culture star said Friday that it could be five weeks before he knew what killed her.

The 39-year-old celebrity sexpot, who was found lifeless in a luxury hotel suite Thursday, probably died of natural causes, drug or chemical influences, or a combination of those factors, said Joshua Perper, chief of the Broward County medical examiner’s office.

The paternity of Smith’s 5-month-old daughter was also under examination Friday, as former boyfriend Larry Birkhead pressed demands in a Los Angeles courtroom for DNA testing, and the husband of Zsa Zsa Gabor claimed he fathered the baby.

Smith’s companion at the time of her death, attorney Howard K. Stern, is listed on the child’s Bahamian birth certificate as the father.

Perper said toxicology and tissue testing would be needed to establish the cause of Smith’s death, but he cast doubt on the possibility that she had deliberately overdosed on prescription medications found in her hotel room.

"We did not see any intact pills in the stomach — just a little bit of blood," he said, attributing that to terminal shock, a natural bodily function that occurs with death.

No illegal drugs were found in Smith’s suite at the Seminole Hard Rock Hotel & Casino in nearby Hollywood, said Seminole Police Chief Charles Tiger.

Smith’s estranged mother, Virgie Arthur, told ABC’s "Good Morning America" she suspected that the former stripper, Playboy model and reality-TV star had died of a drug overdose.

In Los Angeles, Superior Court Judge Robert A. Schnider rejected Birkhead’s request for an emergency DNA sample from Smith’s remains, but requested that her body be preserved until a Feb. 20 hearing to determine, among other issues, legal jurisdiction over Smith’s body.

A DNA sample is routinely taken from an autopsy subject, Perper said. He said he had extracted enough to satisfy any potential request in the paternity matter. Perper said his office would cooperate with all courts involved in Smith’s tangled legal battles, and would rely on the county’s legal counsel if jurisdictional conflicts arose.

The paternity of Dannielynn Hope Marshall Stern has become a compelling chapter in the enduring Smith soap opera, as the child could inherit millions if her mother’s estate prevails in its pursuit of the fortune of Smith’s late husband, J. Howard Marshall II.

The Texas oil tycoon, who was 89 when he married the 26-year-old Smith in 1994, left assets worth $1.6 billion. Smith and Marshall’s son E. Pierce Marshall — also now deceased — had been fighting over the inheritance for a dozen years.

Dannielynn was left with the family of a senior Bahamian official in Nassau when Smith and Stern went to South Florida on Monday to purchase a yacht. Stern was reportedly still at the Hard Rock, but hasn’t been seen in public since Smith’s body was discovered.

"I’m very concerned for him," Ronald A. Rale, Smith’s attorney in the paternity case, said of Stern, whom he described as being incoherent with grief. "I’m sure he is thinking of getting back to Dannielynn."

DNA testing will probably determine the child’s custody, and may also include the DNA of Gabor’s husband of 20 years, 59-year-old Prince Frederick von Anhalt, as well as that of Stern and Birkhead.

The prince told reporters he had a 10-year affair with Smith. "If you go back from September, she wasn’t with one of those guys, she was with me," he said.

A representative for the 90-year-old Gabor and her husband said he found it "completely implausible" that the prince was Dannielynn’s father.

"He has been taking care of Ms. Gabor for the last two years, and his time is very limited," said attorney Ronald Jason Palmieri. Gabor must use a wheelchair.

Birkhead was not in court Friday because he had been up all night grieving over the lost "love of his life," his attorney, Debra Opri, told reporters after the hearing.

On Wednesday, Schnider had ordered Smith and her daughter to submit to the DNA tests by Feb. 21.

Rale said Smith had been willing to undergo testing.

Insurance Companies Exposed

Insurance companies constantly fight paying claims.

Put yourself in the driver’s seat of this accident. You are heading down the street when a truck comes out of nowhere and slams into the right side of your car. The damage to the vehicle is obvious: dents across the passenger door.

You are hurt too, thought it’s not obvious how much: a slight cut above your eye, an ache in the neck.

Your doctor says your spine was injured, you have soft muscle tears, and the pain in your neck mostly likely is whiplash.

It’s going to need therapy, she says, and some time off work to heal. And in the end it’s going to cost you $15,000 in medical payments and another $10,000 in lost wages, because you took so much time off work.

But when you send the $25,000 bill to the insurance company of the person who hit you, the insurance company says it’s only going to pay you $15,000. You can take it or leave it.

Briefs

Consumers sue TrimSpa over "Misleading" ads

TrimSpa Inc. and spokesperson Anna Nicole Smith face a lawsuit accusing them of deceptive business practices in their marketing of a weight-loss pill, TrimSpaX32. Plaintiffs seek unspecified damages, restitution and an injunction that would prevent the company from making false claims. TrimSpa recently agreed to pay $1.5 million to resolve allegations of unsubstantiated weight-loss claims.

New Mexico faces lawsuit over same-sex retiree health benefits

The American Civil Liberties Union filed a lawsuit against NM seeking retirement health benefits for the domestic partners of all lesbian and gay state employees. The organization sued on behalf of three lesbian couples who claim NM violates the state constitution’s equality rights by denying full benefits to same-sex couples. Legislation is pending that would include the domestic partners of same-sex couples in retiree health benefits.

Oil drilling companies resolve bribery charges

The U.S. government will receive a $26 million settlement to drop foreign corruption charges against three oil drilling firms. The government accused the companies of bribing Nigerian officials for fast custom clearance, and at least one company settled similar accusations in 2004.

Nevada residents oppose bomb test

Residents living downwind from a NV test site fear that the government’s plan to test a conventional bomb in NV will stir up radioactive dust. The Defense Threat Reduction Agency expects the bomb to set off a mushroom cloud 4,500 feet in the air and release radiation equivalent to the amount released by a smoke detector. In a period of four decades, the government has detonated 952 bombs in NV, resulting in thousands of cases of radiation-related cancer.

Class action status granted in lawsuit against Wal-Mart

A federal appeals court approved a class-action lawsuit against Wal-Mart accusing the retailer of gender discrimination. Plaintiffs’ lawyers estimate that as many as 1.6 million current and former female employees may join in the class making it the largest group ever to sue for gender discrimination.

Heart-survey drug linked to higher death rate

A report in the Journal of the American Medical Association revealed that the drug Trasylol increased a patient’s risk of dying by almost 50 percent. The report estimated that 10,000 deaths worldwide could be avoided by preventing the use of Trasylol. The FDA approved the heart-surgery medicine in 1993 and added a warning about kidney failure to the product’s label last year.

Newer contraceptives double risk of fatal blood clots

The Public Citizen’s Health Research Group reported that "third generation" birth-control pills containing synthetic progestin have an increased risk of blood clots and do not prevent pregnancy any more effectively than older contraceptives do. According to the group’s director, the FDA has been aware of the risks since 1995. The group filed a petition with the FDA to ban these contraceptives.

Samsung settles claims of price-fixing

Samsung Electronics Co. will pay a $90 million settlement to resolve claims that the company added billions of dollars to the cost of computer chips by fixing their prices. Forty-one states sued Samsung and seven other companies for overcharging consumers and state governments. Consumers will be reimbursed $80 million while the remainder will go to states and localities.

Jury Awards $10.3 Million in Child’s Death

The first-grader child was struck by an out-of-control van in a school’s parking lot. Jurors ruled the district had been told of hazards in the lot
A Los Angeles County Superior Court jury has awarded $10.3 million to the family of a first-grader who was struck by a van and killed in the parking lot at an Elementary School in Encino in 2005.

The jury found the Los Angeles Unified School District at fault because the parking lot, where 6-year-old Jordan Sandels was killed, was not designed according to state-approved blueprints. The jury also found that the district had been notified of possibly dangerous conditions in the parking lot before the accident.

Michael Sandels, Jordan’s father, called the verdict in the wrongful-death lawsuit an "incredible victory" and said he intended to use the money to open a foundation to address safety issues at schools nationwide.

Witnesses Dispute Police Version

Three women say the individual in California was beaten after he was cuffed. Officers say he wasn’t. The man later died in custody.
Significantly different accounts of how a 31-year-old man came to die in police custody emerged Tuesday, one from the Los Angeles Police Department, the others from three people who said they saw officers beating the handcuffed man.

A grainy cellphone video circulating on TV news Tuesday shows what an attorney representing the decedent’s family says is an officer striking the decedent with a baton. But the video is so dark and short, it’s hard to make out what happened.

Cornejo was pronounced dead Saturday evening, after he was apprehended in a foot chase at the project.

Responding to questions in the community, the LAPD on Tuesday released a more detailed narrative of what detectives said happened during the final moments of the chase. Officials acknowledged that officers struck the man with a baton, but they said it happened only after he ignored orders to stop walking away and started fighting with them.

 

Ted Bills