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August 2009 Archives

Overtime Suit Filed Against UPS

A suit has been filed against United Parcel Service, Inc. alleging violations of the Fair Labor Standards Act (FLSA). The suit claims account managers are not paid overtime and that UPS fails to properly track the number of hours employees work. The company's position is that account managers are correctly classified as exempt employees who do not qualify for overtime. Karen Jacobs and Robert MacMillan, Reuters 08/19/2009 If you are looking for a Houston overtime attorney, please contact us. 

Medication Overdoses Happening at Alarming Rate

Over 70,000 children are poisoned each year by prescription or over the counter medications. More children are poisoned by these products more than any others. Most kids are poisoned by acetaminophen, opioid painkillers and benzodiazepine antianxiety drugs. Most overdoses occur in children under the age of five. Nicholas Bakalar, The New York Times 08/13/2009 

Wireless Workers File Wage Suits

A federal class action was filed against AT&T for requiring its IT staff to remain on call, but not paying them for the work they performed while on call. Another suit was filed against T-Mobile USA accusing it of requiring sales associates to be on call, but not paying them for off the clock tasks.

$3 Million Awarded to Toddler

A jury awarded $3 million to a boy whose leg was broken by a day care employee. The employee involved in the incident has been charged with felony child abuse. The award including $2 million in punitive damages. Stephen Nohlgren, St. Petersburg Times 08/08/2009

Arthritis Drugs Linked to Cancer

A class of drugs used to treat conditions such as arthritis may in crease the risk of cancer in younger people according to the FDA. The FDA will require drug manufacturers who make TNKblocking medications to revise labeling to reflect the increased risk of cancer. TNF blockers include Simponi, Humira and Enbrel, which already carry a black box warning. Susan Heavey, Reuters 08/05/2009 

Home Depot Sued in Wage Case

Former Home Depot assistant managers have filed a lawsuit accusing Home Depot of failing to pay overtime wages. The suit alleges that Home Depot classified them as exempt employees so they could work more hours for less pay. Alexandria Sage, Reuters 07/21/2009 If you are Home Depot employee looking for a Houston overtime attorney, please contact us. 

$9.6 Million Awarded Against Occidental Petroleum Corp.

A jury has awarded $9.6 million to a worker who suffered partial blindness in an industrial accident. The plaintiff argued that Occidental Chemical Corp. failed to safely design an acid addition system used at the Lyondell Bayport facility where the plaintiff was injured. The jurors also found Equistar Chemicals liable for the injuries.

OSHA Investigating Texas Jobsite Deaths

Federal regulators are investigating a spike in the number of deaths occurring on Texas construction sites. The number of on the job construction deaths has increased 31 percent in the last four years. OSHA is going to assign additional inspectors to monitor construction sites in Texas.

$24 Million Awarded in Failure to Diagnose Cancer Case

A Memphis doctor has been ordered to pay $24 million for failing to diagnose a patient's breastcancer for 18 months. The patient had complained about a lump in her breast during that time, but the physician failed to diagnose the lump as malignant, leading to a medical malpractice lawsuit. 

Warning Issued for Two Drugs

The FDA has issued a warning for Chantix (manufactured by Pfizer) and Zyban (manufactured by GlaxoSmithKline). Reports of suicide and suicide attempts have been received by the FDA. Accordingly, the manufacturers will add a black box warning to the packaging information. Gardiner Harris and Duff Wilson, The New York Times 07/01/2009

FDA Notes Asthma Drug Side Effects

The FDA has issued a notice cautioning doctors about the potential psychiatric side effects from the use of Singulair and similar medicines. Drugs such as Singulair, AstraZeneca's Accolate and Cornerstone Therapeutics, Inc.'s Zyflo and Zyflo CR may cause aggression, agitation, suicidal thoughts, depression and insomnia. Lisa Richwine, Reuters 06/12/2009 

$9 Million Awarded in Electrocution Case

A jury has awarded $9 million to the family of a man who died after being electrocuted by downed power lines in his driveway. The award included $5.5 million in punitive damages. Staff Reports, Hartsville Messenger 06/12/2009 Kennedy Hodges has handled numerous electric shock/electrocution cases in the past. If you are looking for a Houston electrocution attorney, please contact us.

Suit Says Zyprexa Sold for Off-Label Use

A suit has alleged that Eli Lilly marketed Zyprexa for off-label use despite knowing that the drug was ineffective. According to company documents, Eli Lilly was aware that Zyprexa did not work on elderly patients with dementia, but encouraged physicians to prescribe the drug anyway. Margaret Cronin Fisk, Elizabeth Lopatto and Jef Feeley, Bloomberg 06/12/2009\

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