Boston Scientific Corp. has agreed to increase the amount of a proposed settlement offer stemming from a potentially faulty defibrillator. It has announced that it would pay $240 million to settle claims filed by thousands of heart patients. Plaintiffs claimed that Boston Scientific unit, Guidant Corp., failed to warn consumers of potentially life threatening defects in the defibrillators. AP, Yahoo News 11/19/2007
Stella Awards - A Big Fat Myth
The annual Stella Awards, which lists the most extravagant lawsuits of the year, has once again made the rounds on the Internet and in in-boxes. However, this year's top lawsuit was nothing more than popular urban myth, writes Houston Chronicle columnist Rick Casey. Casey cautions the public to take stories like those enumerated in the Stella Awards with a grain of salt and notes that stories about most "frivolous" lawsuits are usually nonsense. Rick Casey, Houston Chronicle 11/25/2007
Girl Disemboweled by Pool Drain Sues
The family of girl who was severely injured after sitting on an open drain in a country club wading pool has filed a lawsuit against the club and Sta-Rite Industries, the pool equipment manufacturer owned by Pentair Corp. The lawsuit cites three previous disembowelments caused by Sta-Rite equipment. The 6-year-old girl, who lost part of her intestinal tract in the incident, faces a small intestine transplant and lifetime medical expenses that could total $30 million. The lawsuit seeks damages for future medical costs and for the pool manufacturer to remove the pool cover from the market. AP, Houston Chronicle 11/16/2007
FDA Orders Stronger Avandia Warning
The Food and Drug Administration has ordered GlaxoSmithKline to include a "black box warning" for prescriptions of its best-selling diabetes drug Avandia. The warning will include information that use of Avandia is associated with greater risk of heart attack. The FDA warning falls short of measures taken by health agencies in Canada and Europe where officials either withdrew approval for the drug as a stand alone treatment or highly restricted use to select groups. Andrea Gerlin and Michelle Fay Cortez, Bloomberg 11/15/2007
Medtronic Subject of Class Action Due to Sprint Fidelis Leads
Two Kansas plaintiffs have filed a class action lawsuit against a heart defibrillator company. In the lawsuit, Kenneth Carlile and Phillip S. Brown contend that Medtronic Inc. failed to warn patients about possible malfunctions in electronic wires that connect the defibrillators to the heart. Medtronic announced a recall of the wires, known as Sprint Fidelis leads, in October 2007. Houston claimants with Medtronic devices will undoubtedly need attorney representation in pursuing claims against Medtronic.
Illinois Judge Rules Caps Unconstitutional
Too bad we don't have an appellate system in Texas which would rule Texas' medical malpractice caps unconstitutional. In fact, rather than having a $1 million cap, Texas has only a $250,000 cap. Ironically, states with no caps have lower medical malpractice insurance rates. Read Article
Lawsuit Filed Over Death of Child Who Used Cough and Cold Medicine
An Illinois woman whose child died after taking children's cough medicines has filed a lawsuit alleging that drug makers should have warned of the medicines' dangers sooner. The lawsuit names Walgreen Co. and McNeil, a unit of Johnson & Johnson. Experts testified before the Food and Drug Administration last month that the medicines posed a major health threat to children under age 6. Michael Tarm, Houston Chronicle 11/14/2007
"Tort Reform" Was Never Needed
Rather than invent the facts, someone actually did some research regarding frivolous lawsuits - and guess what? They are a very rare event and many judges don't see even see one for years at a time. Runaway verdicts? Once again, an urban legend.
Family of Woman Ignored at ER Files Suit
What happened in California could happen in Texas. In Texas, health care providers who work in an emergency room enjoy near-immunity from suits due to "tort reform." To succeed, a plaintiff must show wilful and wanton negligence on the part of the provider. Let's hope we don't see cases like this one in Texas - but there is no guarantee.
Drug Makers Issue New Warnings for Anemia Medicines
Two drug makers have announced stronger warnings for their popular anemia drugs due to concerns that the medicines could cause heart attacks, cancer complications and death. The new labeling warns users of the Amgen and Johnson & Johnson drugs, Epogen, Aranesp and Procrit, that the drugs pose threats if overused. An estimated one million Americans use the drugs each year, primarily for anemia caused by chemotherapy or kidney failure. Andrew Pollack, The New York Times Read the Article
