Archive for May, 2009


False Claims Suit Against Pfizer Dismissed

A federal judge in New York has dismissed a false claims lawsuit against Pfizer Inc. over alleged off-label marketing for the cholesterol drug Lipitor. According to the whistleblower complaint, the company sought to boost sales by misleading doctors about Lipitor’s effectiveness in patients with moderately raised cholesterol levels. U.S. District Judge Edward Korman dismissed the claim after finding that the plaintiff failed to identify doctors who prescribed the drug as a result of the alleged off-label marketing campaign

Justices to Decide if Vioxx-Related Suit Can Proceed

The Supreme Court has agreed to hear an appeal by Merck & Co. that seeks to halt a lawsuit accusing the drugmaker of defrauding investors about the dangers posed by the withdrawn painkiller Vioxx. The appeal hinges on whether investors filed the lawsuit within a two-year period from when evidence of alleged fraud first appeared. The 3rd Circuit Court of Appeals had previously ruled that the class action was filed within the two-year window.

Appeals Court Decision to Impact Union Suit

California law prohibits police and firefighter unions from striking, but a 2003 state law gave them the right to engage in binding arbitration in cases where the contract was deemed unfavorable. However, a recent ruling by the 1st District Court of Appeal in San Francisco found that law to be unconstitutional, throwing other cases into chaos. The California State Association of Counties and League of California Cities said the ruling was a victory for the rights of local officials.

Former Missouri Governor Settles Suit

Scott Eckersley will receive $500,000 to settle his case alleging that former Missouri Governor Matt Blunt wrongly fired him as deputy counsel after he raised concerns that the governor’s office broke open records laws. According to a statement from the office of the attorney general, the state still believed its actions were legal, but settled because more than $1.3 million had been spent to date defending the case.

Civil-Rights Lawsuit Dismissed

Ken Marsh’s civil-rights lawsuit against Rady Children’s Hospital and San Diego County was dismissed by U.S. District Court Judge Janis Sammartino. After his wrongful conviction for killing his girlfriend’s toddler, Marsh spent 21 years in prison before the conviction was overturned. His suit contended that the county and hospital conspired to convict him of a crime he didn’t commit, but the judge found no evidence of intentional wrongdoing; they plan to appeal.

GM’s Troubles Concern Family in Suit

According to her family’s lawsuit filed against General Motors, Amanda Dinnigan is now a quadriplegic due to a seatbelt in a GMC Envoy that failed. Now not only are they worried about winning their case in court, but also about whether GM will be around to pay any damages they might be awarded. Many with cases pending against GM are choosing to settle for pennies on the dollar just to ensure they receive some payment in case the automaker goes bankrupt.

Supreme Court Nominee Announced

United States Court of Appeals for the Second Circuit Judge Sonia Sotomayor was chosen by President Obama as his nominee to fill the vacancy on the Supreme Court. Although she has not been involved in many cases relating to divisive issues such as abortion, conservatives are attacking her as an activist judge. In an unusual twist, a case that she decided in Circuit Court is now before the Supreme Court.

Mental Disorder Handbook Being Revised

In preparation for the release of the fifth edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM), psychiatrists are debating what is normal and what constitutes an illness. When that edition of the book often referred to as the “bible of psychiatry” is released in 18 months, most agree it will contain significant revisions based on information gathered from newer imaging techniques and genetic studies. Mental health advocates hope that the new edition will include information to help with diagnoses of those with mild versions of disorders, as well as those suffering from multiple disorders. 

Medical Company Settles Patient Claims

A Tennessee-based medical products company has agreed to settle 29 lawsuits related to treatment provided by a former West Virginia surgeon who has been named in 124 medical malpractice lawsuits, according to a filing with the Securities and Exchange Commission. The settlements by Wright Medical Technology Inc. stem from a bone fusion material used by John A. King while he was on staff at Putnam General Hospital in Charleston. The bone fusion material Allomatrix had shown minimal benefits in studies preceding its use by King.

Oklahoma Passes Lawsuit Changes

Oklahoma Governor Brad Henry on Thursday signed into law a state Chamber of Commerce-backed bill that introduces significant changes to the state’s civil justice system. Among other changes, the bill places a cap on non-economic damages and strengthens summary judgment rules. Gov. Henry called the so-called “tort-reform” bill the most comprehensive in state history.

 

Ted Bills