Worker’s wife awarded $209M for asbestos-laced laundry

May 7, 2010 3:10 PM

Like many women of her generation, 68-year-old Rhoda Evans took care of the home, did the cooking and cleaning, and tended to the family laundry, including washing her husband’s work clothes during his twenty years at a pipe-cutting job.  Years later, she learned those clothes - the ones she insisted he remove and shake out every night upon entering their home - contained microscopic asbestos fibers that will kill her.

In other news...

Taser case settles for $325,000

The estate of a North Carolina man who was allegedly tased 38 times during a chaotic encounter with sheriff’s officers has settled a wrongful death suit for $325,000.

Father can’t sue ex-girlfriend for emotional distress

A father couldn’t sue his ex-girlfriend for causing him emotional distress by disrupting his relationship with their children, the New Jersey Appellate Division has ruled.

Pitfalls abound for Gulf oil spill plaintiffs

As coastal businesses and governments brace for the full effects of the massive petroleum spill off the Gulf Coast, the legal landscape for those seeking civil damages from oil company BP may be as slippery as the oil slick itself.

Justices rule civil rights claim against gov’t doctors preempted

Federally-employed doctors and hospital staff members are immune from Bivens civil rights claims arising from their duties, the U.S. Supreme Court has ruled.

Plaintiffs’ winning streak continues in tobacco litigation

The winning streak for Florida tobacco plaintiffs continues, with a jury awarding $20 million to the children of a pack-a-day smoker who died of lung cancer in 1995.

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AstraZeneca to pay $520M in Seroquel settlement

May 3, 2010 9:50 AM

AstraZeneca has agreed to pay the U.S. government $520 million to settle charges that it illegally promoted its anti-psychotic drug Seroquel for off-label uses that were not approved by the Food and Drug Administration.

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City may be liable for fall from walkway: A state recreational use law did not immunize a city from negligence claims relating to a tourist’s fall from a scenic walkway, the Rhode Island Supreme Court has ruled in reversing a summary judgment.

Faulty hip replacement systems spark complaints: Plaintiffs’ lawyers who investigate faulty medical devices are starting to hear complaints about DePuy ASR hip replacement systems. DePuy Orthopaedics, an Indiana-based orthopedics division of Johnson & Johnson, recently announced that it was withdrawing its ASR hip implant from the market after reports about the device failing soon after implantation.

Aircraft crash suit time-barred: The statute of repose in the federal General Aviation Revitalization Act bars a suit over an aircraft manufacturer’s alleged failure to warn about the potential for ice in the fuel system, the New Jersey Appellate Division has ruled in reversing a trial court.

Student injured during cheerleader tryouts can sue: Assumption of the risk is not a complete defense in a lawsuit brought on behalf of a student injured during cheerleader tryouts, the New York Appellate Division has ruled.

Fla. jury awards $46.3 million to smoker’s widow: Last Wednesday, a Florida jury ordered R.J. Reynolds Tobacco Co. to pay $46.3 million to the wife of a longtime smoker who died of lung cancer.

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Jury awards money for 'every breath' in $15M asbestos verdict

April 26, 2010 6:53 PM

A Mississippi jury has awarded $15 million to a 71 year-old oil industry worker who developed asbestosis after years of handling bags of product containing 99 percent asbestos.

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Defense wins first hernia patch trial: A hernia patch manufactured by Davol did not cause a California man's severe bowel injuries, a Rhode Island jury has found. 

MDL panel won't consolidate pain pump lawsuits: The Joint Panel on Multidistrict Litigation has again denied a request to consolidate shoulder pain pump lawsuits.

Nursing home arbitration clause may be enforceable: A plaintiff could not avoid arbitration of a wrongful death claim against a nursing home based on a state law prohibiting the waiver of jury trial rights, the Illinois Supreme Court has ruled.

Yaz/Yasmin ads must be updated after new warning label: The Food and Drug Administration is requiring Bayer, the maker of Yaz/Yasmin birth control pills, to update its ads and promotional materials after the company recently changed its warning label.

‘Sudden emergency' jury instruction was error: A defendant who rear-ended the plaintiff is not entitled to a "sudden emergency" jury instruction, the Nevada Supreme Court has ruled in reversing a defense verdict and ordering a new trial. 

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Government can introduce alternate cause of death in Vaccine Act case

April 19, 2010 4:28 PM

The government is not precluded from introducing evidence that a child's death following a hepatitis B vaccination was due to sudden infant death syndrome, the Federal Circuit has ruled.

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Small firm wins $29M med-mal verdict: A medical malpractice suit over the failure to treat an infection that caused brain damage in a newborn has resulted in a $29 million verdict after a trial before a federal judge.

$30.3M asbestos verdict upheld: The wife of a former auto worker who died from mesothelioma could show that his death was the result of his exposure to asbestos products both through his summer jobs as a youth and "take home" asbestos from his father's work clothes, the New Jersey Appellate Division has ruled.

Trial lawyer letter: Med-mal reform debate rages on: A letter to AAJ's membership about the health care law was quickly assailed by tort reform groups, demonstrating that the debate over medical malpractice reform will live long after lawmakers' wrangling over the legislation's language.

Psychiatric clinic can be liable for patient's rampage: A mental health professional and psychiatric clinic can be held liable for a former patient's shooting rampage, the Michigan Supreme Court has ruled.

School can't raise assumption of the risk doctrine as defense: The assumption of the risk doctrine is not available as a defense in a negligent supervision case against a school, New York's highest court has ruled. 

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Paxil suicide plaintiff can show causation

April 12, 2010 12:09 PM

A product liability plaintiff could show that her brother’s suicide was the result of a drug maker’s failure to provide adequate warnings for the anti-depressant he started taking shortly before his death, a U.S. District Court in Indiana has ruled in denying summary judgment.

In other news…

Resort liable for customer’s injuries in bar fight: A resort was liable for injuries suffered by a customer in a melee between two groups of bar patrons that erupted after 90 minutes of threats and shoving, the Texas Supreme Court has ruled in affirming a $1.48 million jury verdict.

AAJ urges passage of medical device legislation: WASHINGTON -A recent guilty plea by a medical manufacturer demonstrates the need for legislation that would allow civil suits against medical device makers for defective products, said the American Association for Justice’s chief legislative officer.

Liability cap doesn’t preclude federal jurisdiction: A liability cap in a travel company’s customer agreement does not preclude a determination that an action to compel the arbitration of a wrongful death suit meets the $75,000 amount-in-controversy requirement for federal jurisdiction, the 9th Circuit has ruled in reversing a dismissal.

Claim against generic drug maker not preempted: Failure-to-warn claims against a generic drug maker are not preempted by the FDA’s drug labeling scheme, a U.S. District Court in California has ruled.

EPA calls BPA a ‘chemical of concern’: WASHINGTON - The Environmental Protection Agency has added bisphenol A to its list of “chemicals of concern.”

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Med-mal damages cap unconstitutional

April 5, 2010 11:09 AM

A state law limiting noneconomic damages in medical malpractice cases violates the right to a jury trial under the state constitution, the Georgia Supreme Court has ruled.

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Latest Engle plaintiff wins $30 million: A Florida jury awarded $30 million last week to the widow of a man who died from lung cancer in 1998 at the age of 64.

Hospital can’t be sued out of state: A Maine hospital that marketed its services to out-of-state patients didn’t subject itself to being sued in New Hampshire for medical malpractice, the 1st Circuit has ruled in affirming a dismissal.

Decision expected on Toyota MDL: Plaintiffs’ lawyers are awaiting a decision on which federal court will handle the bulk of the Toyota Motor Corp. sudden acceleration litigation.

Jurors in Neurontin trial hear opening arguments: BOSTON - Plaintiffs’ lawyer Ronald Rosenkranz urged jurors Wednesday to hold Pfizer Inc. liable for the death of Hartley Shearer, who committed suicide in 2002 after taking Neurontin for 16 months.

Jury selection begins in Neurontin suicide trial: BOSTON - Jury selection began Monday in the second wrongful death trial alleging Pfizer’s off-label promotion of its anti-epilepsy drug Neurontin caused a patient to commit suicide.

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