Monthly Archives: October 2013

Michigan woman awarded $12.9 million in Erb’s palsy lawsuit against hospital

A Michigan woman has been awarded $12.9 million by jurors in her Erb’s palsy lawsuit against the hospital where her daughter was born.

Bryson alleged that the staff pulled down too hard on the baby’s head during the vaginal deliver process, severing the nerves in the child’s right arm and leaving her with Erb’s palsy. The hospital argued that the injuries resulting from the natural child birth process.

Read more about the Michigan Erb’s palsy injury lawsuit…

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Filed under Medical Malpractice

Family files $750,000 lawsuit against pharmacy over girl’s medicine

The parents of a Georgia girl who suffered a seizure has filed a $750,000 lawsuit after she was mistakenly being given the wrong dosage of an anti-seizure drug by her pharmacy.

The girl’s mother allegedly gave her daughter the medicine based on the label’s directions, and the girl suffered a serious seizure requiring immediate hospitalization and treatment at a Hawkinsville hospital. Catatonic, the girl was later transferred to The Children’s Hospital at The Medical of Central Georgia in Macon where she remained unconscious, according to the lawsuit.

Read more about the lawsuit filed over the pharmacy mixup…

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FDA to vets: Watch out for jerky pet treats; some linked to illness, death

The Food and Drug Administration says that more than 3,800 pets have been made sick over the last few years after eating contaminated pet treats from China.

The FDA isn’t naming any particular brand, but says the animals mostly ate a chicken or duck jerky treat or a jerky-wrapped treat. The FDA has already tested 1,200 samples without discovering the exact cause of any illnesses. Symptoms include vomiting, diarrhea, a lack of appetite and sluggishness.

Read more about the FDA’s jerky pet treats warning…

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Filed under FDA Warning, Product Liability

Whistleblowers have receives millions in settlements as part of qui tam lawsuits

Whistleblowers who have helped to expose waste or fraud against the federal government by filing lawsuits against the perpetrators have received millions of dollars as part of settlements reached in these “qui tam” cases.

Anyone who has information that a business or person has knowingly submitted or caused the submission of false or fraudulent claims to any branch of the United States government can potentially help file and pursue a lawsuit under the False Claims Act.

If money is recovered—whether from a settlement between the parties or a court judgment—the whistleblower who helped initiate the lawsuit can potentially recover 10% to 30% of the total amount recovered.

Read more about how whistleblowers may be eligible to receive millions in settlements…

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Filed under Qui Tam Litigation

Virginia reaches $37 million settlement over Medicaid fraud lawsuit against drugmaker

Drugmaker McKesson will pay $37 million to settle allegations made by the state of Virginia that it inflated the prices of more than 400 drugs, causing the state’s Medicaid program to be overcharged. Last year, McKesson agreed to pay $151 million to settle lawsuits filed by 29 other states who had made similar allegations against the company.

Virginia did not join a settlement last year in which 29 states received $151 million, he said, “because we needed to send a message that Virginia will fight to protect its Medicaid program from fraud and because the original settlement didn’t cover the total loss to our Medicaid program.”

Read more about Virginia’s drug fraud settlement with McKesson…

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Filed under Pharmaceutical Liability

Federal government shutdown hobbles CDC flu monitoring program

Among the casualties of this month’s shutdown of the federal government is a CDC program to monitor flu outbreaks across the country.

“If you go to the website now, they’re telling you they cannot update the flu data because of the federal shutdown,” says Zachary Thompson, Director of Dallas County Health and Human Services, “that puts health departments throughout the United States at a disadvantage.”

Read more about the effect of the government shutdown on flu monitoring…

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What to expect from an MDL multidistrict litigation case

Complex legal cases involving numerous plaintiffs, such as airplane crashes, or product liability cases in which many people were injured by the same product are often handled in multidistrict litigation, or MDLs, in which large numbers of cases are consolidated in order to expedite the legal process.

Cases subject to a particular MDL are all sent to one court for pretrial proceedings, such as discovery. If a case is not settled or dismissed in the MDL court, it is eventually sent back to the original court for trial.

Read more about MDLs and what to expect from these cases…

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Filed under Personal Injury, Product Liability