Archive for June, 2009


Jury Awards Damages for Misdiagnosis

An Indiana jury has ordered several Indianapolis health care providers to pay a combined $5 million to a woman who was misdiagnosed in 2000. According to the lawsuit, Clarian Health Partners, Radiologic Specialists of Indiana and Dr. Richard L. Gilmor failed to diagnose that the woman had suffered a ruptured diaphragm. The misdiagnosis led to the removal of a third of her stomach and ongoing complications, an attorney for the woman said. State medical malpractice caps will limit the award to $1.25 million.

Judge Sides With Worker in Whistleblower Complaint

A Michigan judge has ordered the City of Detroit to pay damages to a former fire department EMS worker who claimed he was fired for reporting an alleged assault by the wife of former mayor Kwame Kilpatrick. Oakland County Chief Circuit Judge Wendy Potts issued a default judgment after attorneys for the city failed to respond to the complaint and then arrived late to a hearing on a motion to set aside the judgment. The city official said they will ask the judge to reconsider

Medtronic Discloses Payments to Accused Doctor

A former military surgeon accused of falsifying medical research received more than $780,000 from Medtronic between 2001 and 2009, according to information released on Wednesday by the company. Medtronic said the payments to Dr. Timothy R. Kuklo were reimbursement for travel expenses, speaking engagements, training other doctors or other consulting services. The Justice Department is currently investigating whether Medtronic paid doctors like Dr. Kuklo to help market medical devices for unnaproved uses.

FDA: Cold Remedy Could Damage Sense of Smell

A popular cold remedy could irreparably damage its user’s sense of smell, the Food and Drug Administration warned consumers Tuesday. According to the agency, there have been 130 reported cases of consumers who used Zicam nasal products losing their sense of smell since 1999. Zicam’s maker, Matrixx Initiatives, paid $12 million in 2006 to settle more than 300 claims from consumers whose sense of smell was impaired after using Zicam products.

Lawsuit Filed Over Baby Gender Test

The maker of a prenatal gender test defrauded six New York City mothers, according to a lawsuit filed Monday in Manhattan. In the lawsuit, an attorney for the women claims that the $275 Baby Gender Mentor test by Acu-Gen Biolab Inc. returned inaccurate results. The lawsuit seeks unspecified damages for negligence and fraud.

Family Files Suit Over Fatal Bridge Crash

A woman charged in a crash that led to the death of a truck driver on Maryland’s Bay Bridge last year has been named in a lawsuit by the trucker’s family members. According to the lawsuit, Candy Lynn Baldwin was under the influence of alcohol at the time of the accident. John R. Short Sr. drowned after his vehicle plunged off the bridge and fell 30 feet into Chesapeake Bay, the suit says.

Jury Dismissed in Wrongful Death Case

A Florida judge has dismissed the jury in a wrongful death case stemming from a 2005 brawl that left one man dead, according to the St. Petersburg Times. Attorneys for the plaintiff, the newspaper reports, objected to the jury after uncovering evidence that some of the jurors failed to respond accurately to jury questionnaires. The lawsuit, which names a McDonald’s franchisee and others, claims that the restaurant should have provided security to protect the safety of patrons

Lawsuit Claims Lender Defrauded Investors

Hundreds of Hurst Financial investors have filed a lawsuit against the lender, a Houston-based title company and others over what they allege was a multimillion-dollar Ponzi scheme. In the lawsuit, plaintiffs allege that Hurst and Stewart Title defrauded investors by creating fake escrow accounts used to pay off previous investors. The lawsuit claims that investors suffered more than $60 million in total losses from the scheme.

Venue for Air France Crash Lawsuits Up in the Air

Attorneys for the families of victims of the Air France Flight 447 crash are wrangling over the proper venue for future lawsuits, Bloomberg News reports. According to the outlet, the jurisdiction in which future suits are heard could prove vital in determining potential damages. International law limits jurisdiction in such claims to the locale of the carrier, its primary place of business, the victim’s home country, the victim’s final destination or where the ticket was purchased

Study: ADHD Drugs May Increase Risk of Death

Medicines used to treat attention-deficit hyperactivity disorder in children may increase the risk of sudden unexplained death, a new study has concluded. According to the study, funded by the Food and Drug Administration and the National Institute of Mental Health, children taking stimulant ADHD drugs such as Ritalin were several times more likely to die suddenly than those not taking the medication. However, researchers noted that instances of sudden death were rare, affecting fewer than 1 in 10,000 children.

 

Ted Bills