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January 2008 Archives

$4 Million Awarded Against Doctor

The family of a woman who died after a doctor failed to properly treat her for serious abdominal symptoms should receive $4 million in damages, a West Virginia jury has found. According to testimony, Dr. Anandhi Murthy failed to perform surgery to correct a life-threatening ischemic bowel condition and instead treated the patient with fluids and antibiotics. The jury's verdict is the second multi-million dollar award handed down against Murthy in less a year. Staff, Charleston Daily Mail 01/29/2008

Zyprexia Marketing Settlement?

Drug maker Eli Lilly is said to be in discussions with federal officials regarding a possible $1 billion settlement related to the marketing of the antipsychotic drug Zyprexia. Such an agreement would represent the largest fine ever assessed against a drug company for violating drug marketing laws. State and federal officials have been investigating the company for allegedly marketing the drug for uses not approved by the Food and Drug Administration. Alex Berenson, The New York Times 01/31/2008
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Family Sues Over Pool Drain Drowning

A Connecticut family has filed a lawsuit over the drowning death of their 6-year-old son after he became stuck in a swimming pool suction drain. According to the lawsuit, the town of Greenwich, Shoreline Pools and others failed to meet minimum safety requirements designed to prevent such entrapments. At least 48 people have been killed in swimming pool drain entrapment cases since 1985. AP, USA Today 01/28/2008
Read Article If you are looking for a pool drain drowning accident lawyer / attorney, please contact us for a free consultation. 

Vytorin Suits Continue

The results of a study that found the Merck & Co. and Schering-Plough Corp. cholesterol drug Vytorin to be no more effective than its generic competitors have prompted attorneys to file a wave of lawsuits on behalf of patients who took the drug. Plaintiffs allege that Merck and Schering-Plough committed consumer fraud by marketing the drug as a more effective treatment to reduce the risk of heart attack. A spokeswoman for Schering-Plough defended Vytorin's effectiveness, saying the company would vigorously defend the claims against them. Peter Page, Law.com 01/28/2008
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Zetia and Vytorin Subject of Lawsuits

Attorneys in eight states have filed lawsuits on behalf of patients who were allegedly misled into believing that cholesterol drugs Vytorin and Zetia were more effective than their generic counterparts. According to the lawsuits, drug makers Merck & Co. and Schering-Plough Corp. defrauded consumers and medical insurers who paid for the drugs through deceptive advertising and the delay of clinical trials. Experts expect similar claims to be filed in every state but Michigan, which prohibits lawsuits against drug makers. Linda A. Johnson, Houston Chronicle 01/24/2008
Read Article If you are looking for a Zetia attorney / lawyer in Houston or a Vytorin attorney / lawyer in Houston, please call us. We handle drug cases throughout Texas and the U.S. Call us at 713-523-0001. 

Allstate Allegedly Engaged in an "Ongoing Crime"

Florida officials accused Allstate Insurance Co. of engaging in "an ongoing crime" Wednesday by failing to turn over documents related to an investigation into how the insurer sets homeowner insurance prices. Allstate's failure to turn over the documents prompted Florida's insurance commission to ban Allstate from selling new auto insurance policies in the state. An appellate judge is expected to rule whether to allow the ban to continue. Julie Patel, South Florida Sun-Sentinel 01/24/2008

Allstate Gets a Break on Writing New Policies in Florida

A Florida appellate court has granted a 10-day stay of an order that prohibited Allstate from selling new auto insurance policies in the state. Last week, Florida Insurance Commission prohibited the insurer from writing new policies because it had not complied with a subpoena to disclose documents related to its property insurance business. Allstate has been the subject of an investigation that hopes to determine whether the company conspired to prevent insurance rates from falling. Reuters, Reuters 01/21/2008

Allstate Punished for Refusing to Produce Documents

Florida insurance regulators have ordered Allstate to stop selling new auto insurance policies in that state because the insurer has refused to turn over documents detailing how the company sets rates and pays claims. The documents in question allegedly show a plan, developed by consulting company McKinsey & Co., for insurers to increase profitability by decreasing and delaying claims payments. Allstate is also paying a $25,000-a-day fine in Missouri for violating a court order to turn over the same documents. Beatrice E. Garcia, Miami Herald 01/17/2008

Convenience Store Chain Sued in Wage Case

Plaintiffs from multiple Midwestern states have filed a class action lawsuit alleging that the convenience store chain Casey's General Stores denied workers overtime pay. In the lawsuit, the employees claim that managers urged them to work off the clock and that they were not paid correctly for hours worked. A similar class action lawsuit was filed against Casey's General Stores last summer. Abby Simons, DesMoines Register 01/15/2008

Insurance Industry Continues to Rip Off Insureds

A report released by a consumer activist group accuses the insurance industry of overcharging policyholders and undercutting payments on claims. The report, released by the Consumer Federation of America, says that record profits for insurers can be traced to a systematic strategy of raising premiums, reducing coverage and underpaying claims. A lobbyist for the insurance industry dismissed the report, saying that its findings were baseless. David Drawbaugh, Reuters 01/10/2008
If you need a Houston insurance attorney, call the lawyers at Kennedy Hodges, LLP. Our attorneys fight the insurance industry on a daily basis. Call our lawyers now at 713-523-0001. 

Beef Recalled Due to E. Coli

Suspected E. coli-related illnesses in Wisconsin and California have prompted a meatpacking company to recall approximately 188,000 pounds of ground beef patties and other products. Rochester Meat Co. announced the recall after investigations by public health officials revealed that the products may have been contaminated with a deadly strain of E. coli bacteria. The recalled beef was distributed nationwide for use in restaurants and food service institutions, according to a USDA statement. AP, Chicago Tribune 01/13/2008

State Farm Must Pay Millions

State Farm Insurance should pay $8 million in punitive damages to two Missouri residents who accused the insurer of malicious prosecution and breach of contract, a state appeals court has ruled. Jennie Hampton and Marvin Vail were charged with insurance fraud nearly 10 years ago after State Farm declined to pay a $10,000 claim for a stolen vehicle owned by Hampton. Hampton and Vail were later acquitted of the charges. In the civil trial, a jury awarded Hampton and Vail 400,000 each in addition to punitive damages assessed by the judge. Tony Rizzo, Kansas City Star 01/08/2008 If you are looking for a Texas insurance attorney / lawyer to sue an insurance company, call the attorneys at Kennedy Hodges, LLP. We have represented many clients in disputes against insurance companies such as State Farm. Call us at 713-523-0001. 

Red Lobster and Olive Garden to Pay $4 million

Darden Restaurants, the company that owns Red Lobster and Olive Garden, has agreed to pay $4 million to settle two class action lawsuits that accused the company's California outlets of violating wage-and-hour regulations. According to the lawsuits, restaurant managers forced employees to make up for cash shortages at the end of their shifts. Darden did not admit wrongdoing as part of the settlement. Harry Wessel, Orlando Sentinel 01/08/2008 If you are looking for a Texas wage lawyer to handle your wage claim, call the attorneys at Kennedy Hodges, LLP. We can help you recover the wages you are owed by companies such as Red Lobster or Olive Garden. We are located in Houston and can be reached at 713-523-0001. 

Safety of Physician-Owned Hospitals Questioned

A federal investigation of physician-owned hospitals has revealed that most of these specialty facilities are strikingly ill-equipped to address medical emergencies. According to the report, of the 60 hospitals with emergency department surveyed, 7 percent failed to meet Medicare staffing requirements, while 34 percent relied on 911 services for emergency medical situations. The results of the report raise serious question about the overall safety of such facilities, lawmakers and health officials say. Christopher Lee, The Washington Post 01/10/2008 If you are looking for a Houston medical malpractice attorney / lawyer to sue a physician-owned hospital, call the lawyers at Kennedy Hodges, LLP. 

Target Corporation Pays Millions to Settle Vacation Pay Claims

Target Corp will pay up to $10 million to resolve claims that the company failed to pay California workers for earned vacation time. According to the class action lawsuit, the retailer forced employees to forfeit vacation time and failed to pay ex-employees for unused vacation days. The settlement covers current and former Target workers employed at California stores between 2002 and 2006. Houston Chronicle News Services, Houston Chronicle 12/28/2007 If you are looking for a Houston overtime lawyer / attorney to pursue claims for overtime, vacation pay, off the clock work, etc., please call us at 713-523-0001.

Capricorn Bus Lines (Flores Charter and Tours) Has Had Past Safety Issues

Records show that the operator of a bus that crashed in south Texas, killing one and injuring dozens, was the defendant in a lawsuit that accused the company of negligence in a similar crash. Records also show that the operator, Capricorn Bus Lines, has been cited for 19 safety violations in the last three years. A woman whose arm was amputated after the most recent crash has filed a lawsuit against the bus line. Capricorn agreed to pay $3.3 million to settle claims by the victims of the 2002 crash. Terri Langford and James Pinkerton, Houston Chronicle 01/03/2008 If you are looking for a Texas bus accident attorney / lawyer located in Houston, Texas, please call our attorneys. We have experience representing victims of bus accidents and our lawyers will make sure your claim receives the attention it deserves. Feel free to call our bus accident attorneys at 713-523-0001. 

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