Archive for 2009

Asbestos News Roundup: 12.15.09

December 15th, 2009. By LucyC

A roundup of recent asbestos-related news and information that you should be aware of.

Asbestos Hot Spots

Martinsburg, WV: A former woolen mill repurposed into a community college and county offices was to be closed on December 11 to remove asbestos discovered adjacent to a skylight in the central atrium. The former woolen mill was built in the early 1900s and operated until 1953, then abandoned until repurposed in the 1980s as an outlet mall, a development project which fell through. (Mesotheliomaweb.org) 

Yakima WA: Officials have shut down part of the Tourist Motel, a building with a troubled history, following reports that asbestos and mold were present in the building. In total six sets of tenants were moved from the motel.  (YakimaHerald.com)

Asbestos Fines

St. Louis, MO: Former president and chief of the Northeast Ambulance and Fire Protection District, Joseph L. Washington, has pled guilty to charges of federal clean air violations. Washington was fired in early December, from his position as fire chief, after he admitted that Read the rest of this entry »

Tags: Asbestos, Asbestos Mesothelioma
Posted in Asbestos Mesothelioma | No Comments »

7 Game-Changing Settlements of 2009

December 15th, 2009. By Kristine B

We’re in the countdown to year-end and looking over some of the more impactful settlements LawyersAndSettlements.com has covered over the past year. When we’re talking impactful, everyone around here has an opinion—so we had to throw in some criteria. To get the nod for impact, a settlement had to be one of two things: 1. High dollar value; or 2. Precedent-setting—or at least have the potential to influence similar cases to follow. (Sounds simple, but you try getting Stephen, John, Jaime, Michelle and Ben to settle in on just 7 settlements with just those criteria…) So here we go…7 game-changing settlements for ’09…

1) Family takes on GlaxoSmithKline  

Michelle David filed a lawsuit against GlaxoSmithKline, alleging the company’s antidepressant, Paxil was responsible for her son’s birth defects. David said she had taken Paxil while pregnant and was not aware of the potential side effects. GlaxoSmithKline said that birth defects occur in between three and five percent of all live births, regardless of Paxil use. 

A jury found, in a 10-2 decision, that GlaxoSmithKline’s officials were negligent in failing to warn David’s doctor about the risks of Paxil. The jury also found that Paxil was a factual cause of the little boy’s heart problems. David was awarded $2.5 million.

Why it’s impactful:There are 600 or so lawsuits alleging Paxil caused birth defects waiting in Read the rest of this entry »

Tags: Asbestos, Eli Lilly, GlaxoSmithKline, Philip Morris, Wal-Mart, Wyeth
Posted in Settlement | No Comments »

Button Batteries Bad for Babies and Kids in General

December 14th, 2009. By LucyC

Just a heads-up as Christmas is around the corner…a warning was issued today about those ubiquitous button batteries—you know—the little round guys that power everything from alarm clocks to greeting cards to cameras.

Dr. Sam Daniel who works out of the Montreal Children’s Hospital, in Quebec, Canada, told the media that if kids ingest these batteries, it’s serious. “Button batteries in the wrong place can be potentially fatal or can cause long term damage. If you child ingests a button battery, it is a medical emergency your child needs to be seen immediately, ” he told United Press International (UPI) in an earlier interview.

I don’t know about you, but I can barely hold on to one of these little batteries long enough to get it into my camera, so the battery drops to the floor—then the phone rings—and half an hour later I’ve completely forgotten about the battery, which is now lying in wait for a small, curious pair of hands to grasp and see where it fits—the mouth maybe?

According to Dr. Daniel, these batteries can, not surprisingly, cause serious health problems if they’re swallowed.

“At The Montreal Children’s Hospital we treat approximately 12 children a year who have ingested button batteries and we tend to see a spike in the numbers around the holiday season. The average age is between 1 and 2,” Dr. Daniel told UPI. “It doesn’t take long for the battery to start corroding in as little as three hours, significant damage can occur.”  Yikes!

So, if your little one has chowed down on a button battery, a trip to emergency is likely a very good idea. (How is it that they won’t eat their vegetables but they will eat your batteries?) The long-term complications can include tracheostomy—tube or gastrostomy—tube dependence, vocal paralysis, hearing loss or nose deformity.

I’m also going to keep an eye on my dog…

Tags: Lithium Batteries
Posted in Personal Injury | No Comments »

Texas Car Accident Sparks Jury of Commenters

December 14th, 2009. By AbiK

KWTX.com reported it. The article about the car accident in Texas was only about 130 words. That’s it. And while a car accident is never something to be viewed with nonchalance, this one, as car accidents go, was pretty much your standard head-on collision–and thankfully, only one person of seven involved sustained injury (reportedly non-life threatening) of any sort. 

So why am I even talking about it? Because it highlights a new age of “discovery” in the world of everyday car accidents. This accident, which happened on FM 2484 in Harker Heights, TX—sort of midway between Dallas and San Antonio—sparked 18 comments within approximately 24 hours.

Some of those comments were, of course, from well-wishers who were just thankful that all involved were generally “ok”. Some were from wannabe grammarians—always a few ’em out there… But the comments that caught my eye were these:

• I travel 2484 daily and have wittnessed this lady and her Saturn exceeding the speed limit many times. This was bound to happen.
• Thankyou to all the fire safety and police on the scene for working the accident,I was in the Read the rest of this entry »

Tags: Accidents, Texas Car Accident
Posted in Accidents | 1 Comment »

AMA settlement with United Healthcare

December 10th, 2009. By AbiK

If you remember my rant on out of network fees and the post on how those fees—ie, the reasonable and customary ones—are determined, compliments of a company called Ingenix, which is a unit of United Healthcare, well, here’s a little update.

Back when we were all either contemplating the end of the world as we knew it or laughing at those who were as we rang in the new millennium, another group of individuals was a little miffed with Ingenix and UnitedHealth: the AMA, the Medical Society of the State of New York, and the Missouri State Medical Association. And so, in 2000, they filed a lawsuit charging that United Healthcare Group colluded with others to underpay physicians for out-of-network medical services.

Well, here we are some nine years later and the US District Court for the Southern District of New York has granted preliminary approval of the $350 million settlement that if completely green-lighted will resolve the suit.

The final hearing date is still tbd—but it’ll be with the Hon. D. J. McKenna, US District Judge.

And you thought only patients were getting screwed by those health insurance company out-of-network fees…

Tags: Ingenix, out of network, United Health, United Health Care
Posted in Drugs/Medical | 1 Comment »