www.infozine.com/news/stories/op/storiesView/sid/50553/ Federal law suit alleges gender discrimination at Quest
Diagnostics and its AmeriPath subsidiary | NJ.com

http://www.nj.com/business/index.ssf/2012/01/federal_law_suit_alleges_gende.html

Walgreen, Par Accused of Plot to Overcharge - Bloomberg

http://www.bloomberg.com/news/2012-01-13/walgreen-accused-in-suit-of-plotting-with-par-to-overcharge-for-generics.html

Navien Recalls Tankless Water Heaters Due to Risk of Carbon Monoxide Poisoning - PR Newswire - sacbee.com

http://www.sacbee.com/2011/12/27/4147478/navien-recalls-tankless-water.html

Tyson Discrimination Verdict Restored by Appeals Court - NYTimes.com

http://www.nytimes.com/2011/12/27/us/tyson-discrimination-verdict-restored-by-appeals-court.html?_r=1&ref=us

Florida Judge: BofA, Debt Collector Harassed Widow - WSJ.com

http://online.wsj.com/article/SB1000142405297020429680457712466189013083.html?mod=ITP_moneyandinvesting_2

Commerce Bank settles overdraft suits for $18.3M - Kansas City Business Journal

http://www.bizjournals.com/kansascity/news/2011/12/23/commerce-bank-settles-overdraft-suits.html

Ford recalls F-Series pickups that could shift out of 'park'

http://content.usatoday.com/communities/driveon/post/2011/12/ford-recalls-some-f-150-other-trucks-for-transmission-slip/1

FDA accuses 1-800-GET-THIN of using misleading Lap-Band ads - Los Angeles Times

http://articles.latimes.com/2011/dec/14/business/la-fi-lap-band-fda-20111214

E-Z-GO Recalls Golf Cars, Shuttles and Off-Road Utility Vehicles Due to Crash Hazard -- WASHINGTON, Dec. 14, 2011 /PRNewswire-USNewswire/ --

http://www.prnewswire.com/news-releases/e-z-go-recalls-golf-cars-shuttles-and-off-road-utility-vehicles-due-to-crash-hazard-135577503.html

Insurance Claim Delays Deliver Massive Profits To Industry By Shorting Customers

http://www.huffingtonpost.com/2011/12/13/insurance-claim-delays-industry-profits-allstate-mckinsey-company_n_1139102.html

North Hollywood disabled woman sues L.A. redevelopment agency - latimes.com

http://latimesblogs.latimes.com/lanow/2011/12/north-hollywood-disabled-woman-sues-la-redevelopment-agency-.html

Ga. Department of Transportation, Tenn. company to pay fines for possible clean water issues | The Republic

http://www.therepublic.com/view/story/aae98c00fd48483798998b3053374351/GA--Environmental-Violations-Georgia/

Los Angeles Times - California, national and world news - latimes.com

http://www.latimes.com/

OSHA cites Anchor Glass plant in Warner Robins, Ga. for violations after worker suffers burns | The Republic

http://www.therepublic.com/view/story/3734367a9a9e4afb8940c09e3ed61687/GA--OSHA-Anchor-Glass/

Ticketmaster customers to get credits under settlement of lawsuit over secret fees - NY Daily News

http://www.nydailynews.com/news/national/ticketmaster-customers-credits-settlement-lawsuit-secret-fees-article-1.985827

Elderly patients over-prescribed anti-psychotic drugs, concerns about overuse on nursing home patients - NY Daily News

http://www.nydailynews.com/life-style/health/elderly-patients-over-prescribed-anti-psychotic-drugs-concerns-overuse-nursing-home-patients-article-1.985862

GM's Volt Battery Fires Threaten to Disrupt 'Moon Shot': Cars

http://www.sfgate.com/cgi-bin/article.cgi?f=/g/a/2011/11/29/bloomberg_articlesLVFVPJ6S9728.DTL

Lawsuit: In-flight meal led to AA flier's death - USATODAY.com

http://travel.usatoday.com/flights/post/2011/12/american-airlines-food-suit/577011/1

Lawsuit seeks more minority workers on Mississippi River bridge project

http://www.stltoday.com/news/local/crime-and-courts/lawsuit-seeks-more-minority-workers-on-mississippi-river-bridge-project/article_cd681d00-1ad7-11e1-bdcd-001a4bcf6878.html

Parents win $9.85 million suit against daycare | ajc.com

http://www.ajc.com/news/gwinnett/parents-win-9-85-1235677.html

Wells claims victory in racial lawsuit - USATODAY.com

http://www.usatoday.com/sports/college/football/story/2011-11-20/wells-wins-race-lawsuit-over-savannah-state/51326686/1

Flier sues Southwest, says owed 45 free drinks | Reuters

http://www.reuters.com/article/2011/11/17/uk-southwest-drinks-lawsuit-idUSLNE7AG01820111117

More complaints lobbed at debt collectors - USATODAY.com

http://www.usatoday.com/money/economy/story/2011-11-17/debt-collectors-complaints/51273892/1

Soldier sues title lender, claiming abusive practices | ajc.com

http://www.ajc.com/business/soldier-sues-title-lender-1231061.html

Whistleblower Accuses Chemed Unit of Medicare HMO Conspiracy - Bloomberg

http://www.bloomberg.com/news/2011-11-16/whistleblower-accuses-chemed-unit-of-medicare-hmo-conspiracy.html

Bacterium-infected Kotex tampons being recalled | Mom Houston | a Chron.com blog

http://blog.chron.com/momhouston/2011/11/check-your-tampons-some-being-recalled-because-they%E2%80%99re-infected-with-bacterium/

Lawsuit alleges Boca hospital bilked Medicare

http://www.palmbeachpost.com/news/lawsuit-alleges-boca-hospital-bilked-medicare-1968719.html

Toyota Recalls 420,000 Models for Possible Steering Flaw - NYTimes.com

http://wheels.blogs.nytimes.com/2011/11/09/toyota-recalls-420000-models-for-possible-steering-flaw/

Attorney Tim Edwards Reports that Advanced Bionics HiRes90K Cochlear Implant Lawsuits Allege Devices Continue to Fail and Affect Children

http://www.prweb.com/releases/2011/11/prweb8797278.htm

Salmonella linked to broiled chicken liver - UPI.com

http://www.upi.com/Health_News/2011/11/09/Salmonella-linked-to-broiled-chicken-liver/UPI-70721320882433/

Toyota recalls 420,000 U.S. vehicles to fix crankshaft pulley - latimes.com

http://www.latimes.com/business/autos/la-fi-autos-toyota-recall-20111110,0,4042639.story

Patients' Grades to Affect Hospitals' Medicare Reimbursements - NYTimes.com

http://www.nytimes.com/2011/11/08/health/patients-grades-to-affect-hospitals-medicare-reimbursements.html?_r=1&ref=health

New Milford Hospital settles lawsuit for overcharging Medicare - NewsTimes

http://www.newstimes.com/news/article/New-Milford-Hospital-settles-lawsuit-for-2256700.php

Federal judge OKs Bank of America's $410 million settlement - Business - MiamiHerald.com

http://www.miamiherald.com/2011/11/07/2491584/federal-judge-oks-bank-of-americas.html

First Midwest hit with class-action suit - Chicago Tribune

http://articles.chicagotribune.com/2011-11-01/business/chi-first-midwest-hit-with-classaction-suit-20111101_1_overdraft-fees-debit-transactions-lawsuit

Lawsuit settlement to provide $8.3 million for clinics for poor and underinsured | NOLA.com

http://www.nola.com/crime/index.ssf/2011/11/lawsuit_settlement_to_provide.html

Family Sues Hospital Over Undiagnosed Strep - Baltimore News Story - WBAL Baltimore

http://www.wbaltv.com/r/29678208/detail.html

Amplify by Medtronic May Raise Chance of Cancer, Data Shows - NYTimes.com

http://www.nytimes.com/2011/11/04/health/research/amplify-by-medtronic-may-raise-chance-of-cancer-data-shows.html?_r=1

Lilly Hid Zyprexa's Diabetes Risks, Student Died, Lawyer Argues - Bloomberg

http://www.bloomberg.com/news/2011-11-03/lilly-hid-zyprexa-s-link-to-diabetes-family-s-lawyer-contends.html

Jewish Hospital parent agrees to settle claims it overbilled Medicare - Business First

http://www.bizjournals.com/louisville/news/2011/11/03/jewish-hospital-parent-agrees-to.html

Real estate class action settlement OK'd by judge

http://www.post-gazette.com/pg/11307/1187170-455.stm

AAJ News Brief for November 1, 2011

Please click the links below for additional information:

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AAJ News Brief for Sam Nicholson Tuesday, November 1, 2011

Leading the News

Civil Justice System

Drug Safety

Employment/Workplace Safety

Medical Errors/Healthcare

Product Safety

Also in the News

Leading the News

Plaintiffs' lawyers say bellwether process benefits corporations.

Reuters http://mailview.custombriefings.com/mailview.aspx?m=2011110101aaj&r=3914968-dbb2&l=001-01b&t=c> (10/31, Herbst) reported that recently, drugmakers have won several bellwether cases dealing with product liability, suggesting that these companies and others could also succeed in future trials. Plaintiffs' lawyers say that the shift in how bellwether cases are now selected is an impediment to their cases, and that it actually works to the advantage of defendants. In addition, the timeframe for bellwether cases can last for years, another factor which is advantageous to defendants since they can afford to drag out the process indefinitely. Reuters noted that in January, an Illinois court will hear a case against Bayer AG which alleges its birth control pill, Yaz/Yasmin (drospirenone/ethinyl estradiol), was responsible for heart attacks and other illnesses.

From the American Association for Justice

Take Action

Gearing up for 2012

Senate Republicans are calling for a jobs plan that included med mal "reform" with Texas-style caps. Pro-civil-justice U.S. Senators can stop this plan. Here's what you can do http://mailview.custombriefings.com/mailview.aspx?m=2011110101aaj&r=3914968-dbb2&l=002-0c7&t=c> .

Practice Resources

Get Three Focus Groups for Your Case at AAJ Education's Case Plus Program AAJ is holding the Case Plus Program, November 30-December 3, at the Sheraton Nashville Downtown Hotel in Nashville, TN. This program offers attendees the opportunity to present their case to three focus groups in order to develop case themes, get feedback on the trial story, and determine its strengths and weaknesses. View the faculty, agenda and register today. http://mailview.custombriefings.com/mailview.aspx?m=2011110101aaj&r=3914968-dbb2&l=003-bfc&t=c>

Save with an AAJ Value Plan!

Save $75 on Litigation Packets and $145 on legal research and take advantage of FREE court documents, depositions, and CLE papers with the AAJ Exchange's Platinum Value Plan http://mailview.custombriefings.com/mailview.aspx?m=2011110101aaj&r=3914968-dbb2&l=004-531&t=c> . The AAJ Exchange recently reduced the plan rate to just $495 per year. To sign up or learn more about AAJ Exchange Value Plans, visit the AAJ Exchange http://mailview.custombriefings.com/mailview.aspx?m=2011110101aaj&r=3914968-dbb2&l=005-e88&t=c> or call 800-344-3023.

Save Money, Improve Your Practice, and Simplify Your Life with AAJ Extras Your time and money are valuable resources, and your membership with AAJ helps you to save both. Through AAJ Extras http://mailview.custombriefings.com/mailview.aspx?m=2011110101aaj&r=3914968-dbb2&l=006-84b&t=c> , members receive exclusive discounts on "best of breed" products and services that you need. From banking/financial services and practice management tools, to research materials, travel discounts and more, AAJ Extras products and services improve your practice and simplify your life. Visit AAJ Extras http://mailview.custombriefings.com/mailview.aspx?m=2011110101aaj&r=3914968-dbb2&l=007-4d7&t=c> .

Inside AAJ

Will You Be There?

Help build a stronger AAJ by participating in the membership drive on November 3 in Washington, DC. The New Lawyers Division, Women's Caucus, and the Council of Presidents have joined forces to recruit new members. Don't worry if you cannot make the trip to Washington, DC. You can pick up your phone or sign on to your email to participate remotely. Email membershipdrive@justice.org for details.

http://mailview.custombriefings.com/mailview.aspx?m=2011110101aaj&r=3914968-dbb2&l=008-a02&t=c> http://mailview.custombriefings.com/mailview.aspx?m=2011110101aaj&r=3914968-dbb2&l=009-7b9&t=c>

Civil Justice System

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Judge: New method helps reduce costs in medical liability cases.

American Medical News http://mailview.custombriefings.com/mailview.aspx?m=2011110101aaj&r=3914968-dbb2&l=00b-b37&t=c> (10/31, Gallegos) reported, "After years of presiding over thousands of civil claims in one of the busiest courts in the country, New York Judge Douglas E. McKeon was bothered by how medical liability cases were being treated in the system." These "claims were classified the same as every other civil lawsuit, despite medical liability issues being more complex and taking more time to review, said McKeon, an administrative judge in the Supreme Court of Bronx County." Therefore, almost a decade ago, he "began a unique approach to evaluating liability claims in collaboration with New York City Health and Hospitals Corp., the largest municipal health care organization in the US. The strategy, called judge-directed negotiation, focuses on early court intervention and facilitating discussion among attorneys about claims and potential settlements." According to McKeon, this idea "cuts legal costs and resolves cases years earlier than a traditional court route."

Oklahoma House bill would cap damages for medical malpractice.

The Tulsa (OK) World http://mailview.custombriefings.com/mailview.aspx?m=2011110101aaj&r=3914968-dbb2&l=00c-2d5&t=c> (10/31, Hoberock) reported that Oklahoma "House Bill 2128 caps pain-and-suffering damages at $350,000. Lost wages and medical expenses are not capped." The measure "has exceptions for cases of gross negligence, reckless disregard, intentional actions or malicious conduct." Advocates of the bill "say it will make Oklahoma more business friendly, while critics say it harms the most vulnerable in the state, such as women, the elderly and children who may have no or limited income." One Tulsa attorney said that the measure may violate the Oklahoma Constitution.

SEC urges defense lawyers to guard against conflicts of interest.

Bloomberg News http://mailview.custombriefings.com/mailview.aspx?m=2011110101aaj&r=3914968-dbb2&l=00d-2ff&t=c> (10/31, Main) reported, "Some defense lawyers need to pay closer attention to possible conflicts of interest when they represent both companies and their employees in front of the US Securities and Exchange Commission, the agency's top enforcement official said." The commission "has seen 'situations where counsel represents 20, 30 or 40 witnesses and the company in a case,' SEC Enforcement Director Robert Khuzami said at a securities law conference Oct.28 in Los Angeles." Khuzami added, "It's conceivable that there are no conflicts, but when you see those kinds of numbers you start to get concerned."

Supreme Court urged to provide clarity on cases about highway crosses.

The New York Times http://mailview.custombriefings.com/mailview.aspx?m=2011110101aaj&r=3914968-dbb2&l=00e-b83&t=c> (10/31, A16, Liptak, Subscription Publication) reports, "The Supreme Court on Monday refused to hear an appeal of a ruling that the placement of crosses on the side of Utah highways to honor fallen state troopers violated the First Amendment's prohibition on government establishment of religion." True to form, "the court gave no reasons for declining to hear the case. Justice Clarence Thomas issued a 19-page dissent, saying the court had rejected 'an opportunity to provide clarity to an establishment-clause jurisprudence in shambles.'" The piece agreed with Thomas' stance, saying that the "two appeals the court declined to hear on Monday -- Davenport v. American Atheists, No. 10-1297, and Utah Highway Patrol Association v. American Atheists, No. 10-1276 -- would have given the court an opportunity to clarify the murky guidance it has provided in this area."

Montana high court upholds denial of coverage for man dragged by truck.

The AP http://mailview.custombriefings.com/mailview.aspx?m=2011110101aaj&r=3914968-dbb2&l=00f-9f3&t=c> (10/31) reported, "The Montana Supreme Court has ruled that the family of a man who was run over and dragged by a cement truck is not covered under the vehicle's insurance policy because he did not technically 'occupy' the truck. Terry Richerson's widow had asked the state's high court to overturn a lower court's ruling that The Cincinnati Insurance Company did not have to pay for Richerson's medical and funeral bills from the accident at a construction site on the Benefis Healthcare campus in Great Falls." The court issued a unanimous decision Friday, saying "that to 'occupy' the truck, Richerson had to have a broader connection other than being struck by it."

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Supreme Court refuses to hear appeal of student who sued school officials.

The AP http://mailview.custombriefings.com/mailview.aspx?m=2011110101aaj&r=3914968-dbb2&l=011-0cd&t=c> (10/31) reported, "The Supreme Court is refusing to disturb a court ruling that Connecticut school officials acted reasonably in disciplining a student for an Internet posting she wrote outside of school." On Monday, the justices "turned down an appeal from Avery Doninger, who was a high school junior in Burlington, Conn., when she took to the Internet to criticize administrators for canceling a popular school activity." The student "sued school officials after they punished her by preventing her from serving as class secretary as a senior."

Drug Safety

Woman sues Wyeth for $10M Over hormone replacement drug.

The Louisiana Record http://mailview.custombriefings.com/mailview.aspx?m=2011110101aaj&r=3914968-dbb2&l=012-cde&t=c> (11/1, Keahey) reports "Suzette Fransen Cain and Julius Cain" filed a $10M suit "against Wyeth, Wyeth Pharmaceuticals Inc., Pfizer Inc., Pharmacia Corp. and Pharmacia & Upjohn Company." The women accuse the companies of "manufacturing hormone therapy drugs that dramatically increase the risk of breast cancer, ovarian cancer, strokes, blood clots and cardiovascular disease." The hormone drugs "at issue are conjugated estrogens and medroxyprogesterone [Prempro], conjugated estrogens [Premarin], and medroxyprogesterone [Provera]." Cain was diagnosed with breast cancer after taking medroxyprogesterone for eight years.

Employment/Workplace Safety

Teamsters local agrees to settle work-rule lawsuit.

The Chicago Tribune http://mailview.custombriefings.com/mailview.aspx?m=2011110101aaj&r=3914968-dbb2&l=013-cc0&t=c> (11/1, Bergen) reports, "Teamsters Local 727, one of two unions that challenged a state law imposing work-rule changes at McCormick Place, will receive $1 million to settle its lawsuit, according to some of the parties involved." The monies "will be paid by the Metropolitan Pier and Exposition Authority, the city-state agency that owns the convention hall. The authority will pay the Teamsters with funds provided by Freeman and GES, the main private contractors that hire labor to set up and tear down shows." In addition, the authority "will cover up to $200,000 in Teamster legal fees, according to a memo on the settlement."

OSHA aims to fine Florida manufacturer for safety violations.

The South Florida Sun-Sentinel http://mailview.custombriefings.com/mailview.aspx?m=2011110101aaj&r=3914968-dbb2&l=014-160&t=c> (10/31) reported, "Sen-Dure Products, a Fort Lauderdale cooling equipment manufacturer, was cited by OSHA Monday for 24 safety and health violations and hit with proposed penalties of more than $68,000." These "violations include lack of safeguards on machinery, excessively loud noises, and exposing workers to lead and other dangerous substances that could cause death or serious injury, OSHA said in a press release." But, the president of Sen-Dure "said the findings by the federal Occupational Safety and Health Administration are exaggerated and the agency is being 'unreasonable.'"

Medical Errors/Healthcare

New York City settles Medicaid lawsuit.

The New York Times http://mailview.custombriefings.com/mailview.aspx?m=2011110101aaj&r=3914968-dbb2&l=015-4e7&t=c> (11/1, A23, Hartocollis) reports, "New York City will pay the federal government $70 million to settle a lawsuit that accused the city of overbilling Medicaid by improperly approving home care for frail and elderly clients, both parties said on Monday." Preet Bharara, the United States attorney for Manhattan, "said the settlement took 'an important step toward restoring the integrity of this program and ensuring that all beneficiaries get the level of care and service they require and to which they are entitled.'" The Wall Street Journal http://mailview.custombriefings.com/mailview.aspx?m=2011110101aaj&r=3914968-dbb2&l=016-9ef&t=c> (11/1, Fitzgerald, Subscription Publication) also reported this story.

TennCare to stop paying for preventable errors.

The Tennessean http://mailview.custombriefings.com/mailview.aspx?m=2011110101aaj&r=3914968-dbb2&l=017-e0e&t=c> (10/31, Ward) reported, "Two years ago, Medicare began refusing to pay doctors and hospitals if the wrong procedure was used or medical missteps led to unnecessary complications. Now, many private insurers and" Tennessee's "TennCare Medicaid program are following suit." As of "July, TennCare plans to stop paying for conditions related to a foreign object being left in the patient's body after surgery; for the wrong surgery or invasive procedures being done; for the wrong body part being operated on; or for cases of mistaken identity that lead to other errors in treatment." Various physicians' groups have said that such errors should be considered a normal part of practicing medicine. However, Randy Kinnard, "past president of the Tennessee Association for Justice, an association of trial attorneys," argued, "Carelessness occurs and causes not only damage to the patient concerned and their family, but to the whole health-care system."

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Garretson Resolution Group is AAJ's endorsed Medicare and Medicaid Resource, bringing tremendous efficiency and scale to healthcare compliance. Each year we evaluate and resolve more than 100,000 healthcare reimbursement claims and liens, including: Medicare, Medicaid, Government, ERISA / Private, Workers' Compensation, and Hospital / Provider. Additional services include MSAs and MSA Custodial Account Services. http://mailview.custombriefings.com/mailview.aspx?m=2011110101aaj&r=3914968-dbb2&l=019-cba&t=c>

Product Safety

"Investigative attorney" questions devices meant to keep medications secure.

Marc Weber Tobias, "an investigative attorney and physical security specialist," wrote in a Forbes http://mailview.custombriefings.com/mailview.aspx?m=2011110101aaj&r=3914968-dbb2&l=01a-dac&t=c> (10/31) piece about two "devices, the RX Locker, and the RX Drug Safe," which are supposed to prevent children and teenagers from accessing "prescription medicines and narcotics in the home." Tobias questioned the efficacy of the devices, saying that "this technology...is pure 'security theater.'" He added, "More disturbing, companies have enlisted the endorsements of popular TV medical personalities to enhance the credibility of their products."

CPSC says about 20,000 injuries a year related to "instability" of TVs.

The Chicago Tribune http://mailview.custombriefings.com/mailview.aspx?m=2011110101aaj&r=3914968-dbb2&l=01b-77b&t=c> (11/1, Eldeib, Stoffel) reports, "Between 2000 and 2010, the Consumer Product Safety Commission received reports of 245 children ages 8 or younger being killed after a TV or heavy furniture fell on them. Most of those deaths, 169, involved falling televisions, according to a report released by the commission in September." In addition, the report noted "that in 2010, emergency rooms across the country reported an estimated 20,000 injuries related to the 'instability' of televisions." CPSC spokesman Scott Wolfson said, "We view it as one of the most dangerous hidden hazards in the home."

FTC takes action against two apps claiming to be able to clear acne.

The Los Angeles Times http://mailview.custombriefings.com/mailview.aspx?m=2011110101aaj&r=3914968-dbb2&l=01c-2df&t=c> (10/31, Pfeifer) reported that "one company went too far by claiming its app could clear up acne, the Federal Trade Commission said. The agency obtained a court order prohibiting AcneApp and AcnePwner from making acne-treatment claims." Almost "15,000 people paid for the app. Three people who marketed the apps settled an FTC lawsuit by agreeing to no longer market the products."

BMW recalling some vehicles due to possible fire hazard.

The New York Times http://mailview.custombriefings.com/mailview.aspx?m=2011110101aaj&r=3914968-dbb2&l=01d-029&t=c> (10/31, Jensen) "Wheels" blog reported, "BMW is recalling 32,000 of its most powerful vehicles because of a fire hazard, the automaker has informed the National Highway Traffic Safety Administration." The vehicles affected, "all from the 2008-11 model years, are the 5 Series, 5 Series Gran Turismo, 7 Series, X5 and X6 equipped with turbocharged 8- or 12-cylinder engines, according to a Oct. 20 letter, which was posted on the agency's Web site over the weekend." The company "said the problem related to an auxiliary water pump that helped to cool the turbocharger. An electronic circuit board could fail and, 'in an extreme case,' lead to the 'smoldering of the water pump.'" The Wall Street Journal http://mailview.custombriefings.com/mailview.aspx?m=2011110101aaj&r=3914968-dbb2&l=01e-51c&t=c> (10/31, Welsh) "Driver's Seat" blog also covered the story.

North Carolina officials confirm nine E. coli cases.

In continuing coverage, CNN http://mailview.custombriefings.com/mailview.aspx?m=2011110101aaj&r=3914968-dbb2&l=01f-f88&t=c> (11/1, Sutton, Watkins) reports, "North Carolina public health officials revised Monday the number of confirmed and suspected cases of E. coli infection in an outbreak that appears to be linked to the state fair," with the number of confirmed cases at nine. Fifteen cases are still "under investigation." According to officials, "the revision comes as a result of new criteria applied to the outbreak, including lab evidence showing the same genetic fingerprint, whether patients have had symptoms since October 13 and whether patients attended the fair during the incubation period." It is still "unclear what at the fair may have caused the illness."

The Raleigh (NC) News & Observer http://mailview.custombriefings.com/mailview.aspx?m=2011110101aaj&r=3914968-dbb2&l=020-0e0&t=c> (11/1) reports, "In 2004, state health officials found more than 100 cases of E. coli tied to a petting zoo at the fair. ... The families of 14 children who became seriously ill sued the state, contending that officials with the agriculture department had not sufficiently warned fair-goers of the risk of E. coli infection. The case has not been settled."

Three more deaths reported to FDA in alcohol wipes case.

The Milwaukee (WI) Journal Sentinel http://mailview.custombriefings.com/mailview.aspx?m=2011110101aaj&r=3914968-dbb2&l=021-920&t=c> (11/1, Diedrich) reports that a new Food and Drug Administration review gives notice of three additional deaths that may be connected to contaminated alcohol wipes made in a now-closed plant of the Wisconsin-based Hartland Industries' subsidiary Triad Group. FDA documents sent in response to a Freedom of Information request by the paper indicate that a total of 11 deaths may have been due to contaminated wipes, although a supplier was not identified in five cases. In the report, FDA investigators say they "were unable to establish a clear connection between Triad's wipes and illness or death, but it could not rule it out in part due to missing data."

Also in the News

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Obama signs executive order on prescription drug availability.

Fox News' Special Report (10/31, Baier) reported, "President Obama today continued his effort to appear as proactive as possible in the remedy for, as he says, an inactive Republican Congress. He addressed a problem we told you about earlier this month, the shortage of some prescription drugs." White House correspondent Ed Henry added, "President Obama still can't convince Congress to pass his jobs bill, so he brought a pharmacy manager and a cancer patient to the Oval Office to explain his move to deal with drug shortages that are putting lives at risk."

ABC World News (10/31, story 4, 0:30, Sawyer) reported that "for almost a year, we at 'World News' have been reporting on the growing drug shortages in this country. Chemotherapy drugs, antibiotics, heart medications, even those crash cart drugs used in emergencies. Well, today President Obama took action, signing an executive order, no Congressional approval necessary, to force drug companies to take action when there's a shortage on the horizon. The most immediate change, a crackdown on price gouging due to the shortages, and that will kick in, starting tomorrow." CBS http://mailview.custombriefings.com/mailview.aspx?m=2011110101aaj&r=3914968-dbb2&l=023-12d&t=c> (11/1) reports, "Health and Human Services Secretary Kathleen Sebelius and FDA Commissioner Peggy Hamburg were expected to join Obama at the White House as he signs the executive order."

In a story carried by more than 185 news sources, the AP http://mailview.custombriefings.com/mailview.aspx?m=2011110101aaj&r=3914968-dbb2&l=024-547&t=c> (11/1) reports, "An Obama administration analysis concluded a big part of the problem is rising demand, especially for cancer drugs, that those companies haven't been able to boost production to meet. But, 'the main cause of drug shortages is economic,' argued Dr. Thomas J. Smith of Johns Hopkins' Sidney Kimmel Comprehensive Cancer Center and Virginia Commonwealth University pharmacist Mandy Gatesman in this week's New England Journal of Medicine."

The Hill http://mailview.custombriefings.com/mailview.aspx?m=2011110101aaj&r=3914968-dbb2&l=025-430&t=c> (10/31, Pecquet) reports in its "Healthwatch" blog, "Efforts announced Monday 'will give us extra time to work with the industry to prevent, reduce or mitigate the shortage,' Health and Human Services Secretary Kathleen Sebelius told reporters on a conference call." She continued, "While we can't control all the factors that cause the shortages - starting with the fact that demand is outpacing supply - there are steps we can take. We can work with manufacturers to fix quality issues. We can work with other firms to increase production. And (the new order) will lead to earlier FDA notification of any impending shortages of certain prescription drugs."

Report: Medicare inspectors must better track hospitals' mistakes.

USA Today http://mailview.custombriefings.com/mailview.aspx?m=2011110101aaj&r=3914968-dbb2&l=026-359&t=c> (11/1, Kennedy) reports, "Medicare inspectors must do a better job of tracking reports of serious mistakes in care at the nation's hospitals, as well as of informing rating agencies of the errors, according to a report released Tuesday by the agency's inspector general." The report indicates that "hundreds of serious errors go unrecorded...because the inspectors who find problems at hospitals don't tell the national agencies that accredit hospitals." This "means that those hospitals continue to participate in Medicare and that they don't learn from their mistakes, Inspector General Daniel Levinson writes." Levinson made several recommendations.

Congress questioning reporting required of nonprofit hospitals. The New York Times http://mailview.custombriefings.com/mailview.aspx?m=2011110101aaj&r=3914968-dbb2&l=027-626&t=c> (11/1, B9, Strom, Subscription Publication) reports, "Congress has started asking questions about the reporting required of nonprofit hospitals." Recently, Rep. Charles W. Boustany (R-LA) "sent the I.R.S. a letter seeking an explanation of how it conducted nonprofit oversight and what it was doing to tighten compliance with the laws and regulations governing charity and philanthropy." Rep. Boustany "asked the I.R.S. to explain its plans for monitoring the so-called community benefits that nonprofit hospitals provided," as well as "how it would comply with requirements for filing annual reports to Congress on the charity care provided by all hospitals."

Monday's Lead Stories

• Virginia AG criticizes Senate bill that would impact state malpractice cases. http://mailview.custombriefings.com/mailview.aspx?m=2011110101aaj&r=3914968-dbb2&l=028-63d&t=c>

• SCOTUS to decide if suits can be filed over Medicaid cuts. http://mailview.custombriefings.com/mailview.aspx?m=2011110101aaj&r=3914968-dbb2&l=029-206&t=c>

• Colorado's insurance rate increase lowest since 2000. http://mailview.custombriefings.com/mailview.aspx?m=2011110101aaj&r=3914968-dbb2&l=02a-679&t=c>

• Glaxo, Sanofi being sued over birth defects allegedly caused by thalidomide. http://mailview.custombriefings.com/mailview.aspx?m=2011110101aaj&r=3914968-dbb2&l=02b-185&t=c>

• Gender-bias suit filed against Wal-Mart in Dallas. http://mailview.custombriefings.com/mailview.aspx?m=2011110101aaj&r=3914968-dbb2&l=02c-636&t=c>

• Hospital, family settle malpractice suit over ER delays, amputations for $10M. http://mailview.custombriefings.com/mailview.aspx?m=2011110101aaj&r=3914968-dbb2&l=02d-b7f&t=c>

• State officials investigate E. coli outbreak. http://mailview.custombriefings.com/mailview.aspx?m=2011110101aaj&r=3914968-dbb2&l=02e-4d4&t=c>

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Women File New Class-Action Bias Case Against Wal-Mart - NYTimes.com

h ttp://www.nytimes.com/2011/10/28/business/women-file-new-class-action-bias-case-against-wal-mart.html?_r=1&src=me&ref=business

Lawsuit claims nursing home neglect led to League City woman's death | khou.com Houston

http://www.khou.com/news/local/Lawsuit-claims-nursing-home-neglect-led-t o-death--133800788.html

Federal judge OKs Bank of America's $410 million settlement - Business - MiamiHerald.com

http://www.miamiherald.com/2011/11/07/2491584/federal-judge-oks-bank-of-

americas.html

Vanguard settles whistleblower lawsuit | The Tennessean | tennessean.com

http://www.tennessean.com/article/20111108/NEWS03/311080021/Vanguard-set

tles-whistleblower-lawsuit?odyssey=tab%7Ctopnews%7Ctext%7CFRONTPAGE

Amgen to Pay $780 Million to Settle Marketing Accusations - NYTimes.com

http://www.nytimes.com/2011/10/25/health/25amgen.html?_r=1

UPS to pay out $12 million settlement in lawsuit brought by Ardmore auto parts business | al.com

To learn more: click

http://blog.al.com/breaking/2011/10/ups_to_pay_out_12_million_sett.html

General Electric Propane Rangetops Recalled

The Consumer Product Safety Commission and Health Canada have announced a recall 470 GE Monogram Pro Rangetops with Grills. The propane burners may fail to ignite if the gas control knob is left in a position between OFF and LITE, "posing a risk of delayed ignition or explosion." The products were sold between May 2008 and August 2011. Heather McPherson, Orlando Sentinel 10/25/2011

Read Article: Orlando Sentinel

Salmonella Contamination Prompts Egg Product Recall

American Egg Products has issued a recall of the company's five-pound cartons of frozen egg products due to potential salmonella contamination. The recalled products were distributed in Georgia and Florida. There have been no reported illnesses associated with the contaminated products. Ian Simpson, Reuters 10/26/2011

Read Article: Reuters

Glider Recliners Recalled from Big Lots Stores

The Consumer Product Safety Commission has announced a recall of 375,000 various Glider recliners with ottomans sold at Big Lots stores. The agency said exposed spaces between moving parts of the chair can create areas for toddlers and babies to become trapped. There have been two reports of small children being trapped at the neck between horizontal components of the chairs. Staff Report, PR Newswire 10/25/2011

Read Article: PR Newswire

_________________________________________________________________

Lawsuits start stacking up in Actos mass tort > Macomb Legal News

Get more information by clicking onthe link below:

http://www.legalnews.com/macomb/1066463

_____________________________________________________________

Amgen to Pay $780 Million to Settle Marketing Accusations - NYTimes.com

Want to know more:

Click on the link provided:

http://www.nytimes.com/2011/10/25/health/25amgen.html?_r=1

_____________________________________________________________

UPS to pay out $12 million settlement in lawsuit brought by Ardmore auto parts business | al.com

http://blog.al.com/breaking/2011/10/ups_to_pay_out_12_million_sett.html

______________________________________________________________________

Nicholson Revell Summer 2011 Newsletter:

Topics include:

Congratulations Sam Nicholson 2011 Superlawyer Designation

Being alert to Medical Mistakes

How to get YOUR Medical Records

Emotional Damages

Be Aware of Recalls: Protect your Family

Folding wooden chairs

Husquvarna riding lawn tractors

Kawasaki 2010 KLX 110 off-road motorcycles

Protect yourself from harassing creditor calls

When the dog bites - Who is liable?

For more information about these topics, please complete the "Contact us" page of the Nicholson Revell LLP website - http://www.nicholsonrevell.com/ - to be added to their newsletter database. In the message portion , write "add my info to newsletter database" or Call them at 877- 472- 5942.

______________________

Lawsuits start stacking up in Actos mass tort > Macomb Legal News

For more information, visit the link below:

http://www.legalnews.com/macomb/1066463

First VA colonoscopy case goes to trial after Miami vet contracted hepatitis C - Miami-Dade - MiamiHerald.com

http://www.miamiherald.com/2011/07/10/2308119/first-va-colonoscopy-case-goes.html

UPDATE 1-Citigroup sued by Nat'l Guard man over foreclosure - chicagotribune.com

http://www.chicagotribune.com/sns-rt-citigroupforeclosun1e7671u8-20110708,0,3806773.story

Chanel recalls silk garments, scarves - UPI.com

http://www.upi.com/Business_News/2011/07/07/Chanel-recalls-silk-garments-scarves/UPI-75621310068888/?spt=hs∨=bn

Mini Stars Building Sets Recalled by Edushape Due to Choking Hazard -- WASHINGTON, July 7, 2011 /PRNewswire-USNewswire/ --

http://www.prnewswire.com/news-releases/mini-stars-building-sets-recalled-by-edushape-due-to-choking-hazard-125151344.html

BofA loses bid to end nationwide mortgage lawsuit - chicagotribune.com

http://www.chicagotribune.com/business/sns-rt-us-bankofamerica-motre7657cp-20110706,0,2385754.story

Antidepressants in Pregnancy: Study Finds Higher Risk of Autism - WSJ.com

http://online.wsj.com/article/SB10001424052702304450604576419761141034324.html

Judge: Suit Against JPMorgan to Go Forward

A U.S. District Judge has declined to dismiss a lawsuit against JPMorgan Chase & Co. that accused the company of "reducing or suspending home-equity lines of credit without a permissible reason." The judge, however, did dismiss fraud and "unjust enrichment" claims against the bank. The lawsuit, filed by a group of homeowners, claimed the company reduced the amount of money they could borrow against their homes. Jochelle Mendonca and Abhishek Takle, Reuters 07/05/2011

Read Article: Reuters

Georgia court says store can be liable for beer sale - Forbes.com

http://www.forbes.com/feeds/ap/2011/07/05/business-us-ga-convenience-store-liability_8549786.html

BofA loses motion to dismiss major lawsuit from homeowners - The Boston Globe

http://www.boston.com/business/articles/2011/07/07/bofa_loses_motion_to_dismiss_major_lawsuit_from_homeowners/

Viking Range Corp. to Pay Fine for Not Reporting Product Defect

The Viking Range Corporation has agreed to pay $450,000 in civil penalties for failing to report defects in one of its refrigerator lines that led to consumer injuries. The company recalled the products in June 2009, but an investigation discovered that injuries had been reported to Viking several years before the recall was issued. Federal law requires manufacturers, distributors and retailers to report information supporting potential injury risks within 24 hours. Staff Report, PR Newswire 07/06/2011

Read Article: PR Newswire

Glass Candle Holders Recalled by Dollar Tree

The Consumer Product Safety Commission has announced a recall of 117,000 candle holders sold at Dollar Tree stores across the country. The agency said the glass holders have a tendency to shatter while in use, posing a laceration hazard to consumers. There have been no injuries reported associated with the recalled products. Staff Report, PR Newswire 07/05/2011

Read Article: PR Newswire

GM Hit with Class-Action Suit over Impala Defect

A class-action lawsuit was filed last week against General Motors that claims the company failed to fix a defect in hundreds of thousands of Chevy Impalas sold in 2007 and 2008. The lawsuit claims a defect in the vehicles causes the rear tires to become misaligned and easily worn down. GM fixed the defect in all Impalas used for police work, but failed to address the problem in the more-than 423,000 cars owned by civilians. Fred Meier, USA Today 07/06/2011

Read Article: USA Today

Chantix, Smoking Cessation Drug, Linked to Cardiovascular Problems - NYTimes.com
For more information, visit the link below:
http://www.nytimes.com/2011/07/05/business/05smoke.html?_r=1&partner=rss&emc=rss
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Antidepressants in Pregnancy: Study Finds Higher Risk of Autism-WSJ.com
For more information, visit the link below:
http://online.wsj.com/article/SB10001424052702304450604576419761141034324.html
Nicholson Revell LLP
Augusta Georgia Injury Attorneys

Gateway Professional Center
4137 Columbia Road
Augusta, GA 30907
Toll Free: (877) 472-5942
Phone: (706) 955-0016
Fax: (706) 722-6495

Gateway Professional Center
4137 Columbia Road
Augusta, Georgia 30907

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4137 Columbia Road
Augusta, Georgia 30907