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Pennsylvania jury awards $2M to colonoscopy malpractice victim

A Pennsylvania man has been awarded $2 million by a jury which found two doctors were negligent and their errors during and after a colonoscopy led to a perforated colon and a lifetime of complications.

According to a report from, Richard McCade received a colonoscopy in January 2008 at Willis Eye Hospital. During the procedure, Dr. Michael Resnick over-inflated McCade’s colon, causing a perforation. This was detected during a CT scan several days after the procedure, after the patient had complained since the end of the colonoscopy about severe pain.

During a follow-up procedure, further errors by Dr. Lawrence M. Wald led to further damage to McCade’s colon. Eventually, McCade was forced to have two feet of his colon removed and still suffers from pain and other discomfort because of the separate incidents of malpractice.

A jury in Philadelphia determined that Resnick is accountable for 60 percent of the damage caused and Wald must supply the other 40 percent of the award.

Resnick unsuccessfully argued that all colonoscopy procedures carry some risk of perforation of the colon, but McCade was able to counter that with a successful argument that his colon was over-inflated during the procedure.

Thalidomide birth defects victims file lawsuit in Philadelphia

A group of 13 Americans have filed a lawsuit against pharmaceutical company Grunenthal, alleging the company conspired to hide the effects of the drug Thalidomide which resulted in severe birth defects.

According to a Bloomberg report, seven men and six women have joined a lawsuit against Grunenthal, now part of GlaxoSmithKline and Sanofi Aventis. Each of the plaintiffs claims they suffered malformations from birth and for years have not known the true cause. The common denominator among the group is the drug Thalidomide, prescribed in the 1950s and ’60s to treat morning sickness among pregnant women.

Each claims their mother was prescribed Thalidomide between the years of 1957 and 1962 and since that time, Grunenthal and the companies which have consumed it have worked to hide side effects reports on the drug.
Thalidomide was approved on a trial basis in the U.S. more than 50 years ago. At that time, reports of side effects like missing or deformed limbs on babies born to mothers who took the drug were only known in Europe and because Grunenthal argued that the drug would only be available on a limited basis in the U.S., those side effects reports were dismissed by domestic regulators.

The lawsuit was filed in a Pennsylvania state court in Philadelphia on Oct. 25, according to the Bloomberg report.
Some other birth defects suffered by those whose mothers were prescribed Thalidomide include missing fingers and toes or the loss of hearing in just one ear.

Lawyers representing the 13 plaintiffs believe that new-found evidence of a cover-up on the part of Grunenthal and other companies could help hundreds of people in the U.S. born with birth defects who haven’t been able to determine a cause.

Indiana court allows man to challenge malpractice cap law

The Indiana Court of Appeals will allow a man to challenge a 1975 law which caps malpractice claims at just $500,000.

According to a report WRTV-TV in Indianapolis, Timothy Plank believes a series of malpractice blunders led to the untimely death of his wife, Debbie. He believes doctors waited too long to order an intestinal surgery and his wife passed away prior to the procedure.

Two years ago he was awarded a total of $8.5 million by a jury in his malpractice claim but is capped by the Indiana law, leaving $7.25 million unclaimed.

Debbie Plank died while staying at Community North hospital in Indianapolis, the report indicates. A hospital spokesperson told the source the state court granted Plank an evidentiary hearing to challenge the “constitutionality” of the malpractice cap law.

The law was passed nearly 40 years ago based on the notion that a cap on “runaway” jury awards would prevent doctors and highly-trained medical professionals from leaving the state. These caps, however, usually only harm the victims of medical malpractice and a half-million dollars is more often barely enough to cover the medical costs associated with malpractice and never fair in the case of wrongful death.

South Florida homeowners file lawsuits against Chinese drywall manufacturer, distributor

South Florida homeowners impacted by the harmful effects of toxic and defective Chinese drywall are continuing their legal pursuit for damages compensation.

According to a report this week from The Miami Herald, some distraught and frustrated homeowners are targeting the manufacturer and distributor of the defective Chinese drywall with lawsuits. Lawyers for those affected homeowners have filed lawsuits against Knauf Plasterboard, a German company, its Chinese-based manufacturing company, Knauf Plasterboard Tianjin, and Banner Supply Co., the Florida company which sold and knowingly distributed the toxic drywall to homebuilders across the state through the last decade.

Florida experienced a tremendous housing boom during the last decade and to meet the demands caused by it, some home builders opted for a less expensive Chinese alternative to a traditional American product. Using substandard materials and a shoddy manufacturing process, homeowners whose houses were built using this defective product soon experienced its harmful effects. More South Florida homeowners file lawsuits against Chinese drywall manufacturer, distributor

Illinois woman files Depakote birth defects lawsuit

An Illinois woman has become the latest to file a lawsuit against the makers of the anti-seizure medication Depakote, claiming her baby was born with spina bifida as a result of her taking the drug.

According to a brief from The Madison/St. Clair Record, an online league journal, Rhealyn Alexander claims she took Depakote during her pregnancy but was never warned of the dangers of the life-altering birth side effects, including the chance a child she bears could be born with spina bifida.

In October 2007, Alexander gave birth to a daughter born with the birth defect. She filed a lawsuit aainst Abbott Laboratories, the makers of Depakote, earlier this month. Her lawsuit seeks an undisclosed amount in damages, according to the report. More Illinois woman files Depakote birth defects lawsuit

Imprelis lawsuits consolidated in Pennsylvania federal court

Any lawsuit filed in a federal court over damages caused by DuPont’s failed herbicide Imprelis will be consolidated as part of multidistrict litigation (MDL) in U.S. District Court, Eastern District of Pennsylvania.

According to a report at, about 40 lawsuits from 17 different federal court districts will be centralized for pre-trial motions and other proceedings. MDL is designed to expedite the pre-trial portion of legal proceedings and an effective way to eliminate the possibility of appeal due to inconsistent court rulings.

In each of the lawsuits filed, property and business owners blame Imprelis for the death of certain species of trees and other plants. Imprelis has caused tens of thousands of dollars in damage among the lawsuits already filed and it is expected that more than a thousand could join this MDL. More Imprelis lawsuits consolidated in Pennsylvania federal court

Maryland Landlord Liability Shield Overturned

aryland’s Court of Appeal, the highest in the state, has unanimously ruled against a 1994 state law which capped liability for landlords whose tenants suffered lead poisoning while living at their property.

According to a report, the Maryland court ruled 7-0 in favor or reversing the Reduction of Lead Risk in Housing Act, passed nearly 20 years ago which capped liability for landlords in cases where their tenants suffered lead poisoning after ingesting or being exposed to lead paint at $17,000. The amount was equal to $7,500 for medical expenses and another $9,500 for relocation expenses, according to the report. More Maryland Landlord Liability Shield Overturned

Amgen Sets Aside Funding to Settle Whistleblower Lawsuits

The pharmaceutical firm Amgen Inc. has set aside $780 million to settle numerous lawsuits claiming the company illegally marketed the anemia drug Aranesp and, in one case, knowingly encouraged fraud in an over-billing scheme.

According to a Bloomberg report, Amgen issued a press release earlier this week announcing that it has set aside money to settle 10 lawsuits brought by whistleblowers and at least another 15 from state Attorneys General seeking compensation. Earlier this year, federal prosecutors along with those Attorneys General subpoenaed key documents from the company, including those specific to the marketing of Aranesp. More Amgen Sets Aside Funding to Settle Whistleblower Lawsuits

Mira Loma Distribution Center Facing Federal Wage Lawsuit

According to Press-Enterprise, warehouse workers at the Mira Loma distribution center have filed a lawsuit in Riverside California alleging that Schneider Logistics and two subcontractors forced employees to work under a scheme that paid them for fewer hours actually worked, denied them minimum wage and overtime, and did not provide workers with detailed records of hours work or how their pay was computed.

The lawsuit seeks class action status and was filed with the assistance of Warehouse Workers United, a group that supports non-union warehouse workers at distribution centers. The three companies involved in the lawsuit are also being investigated by a state agency for wage law violations. More Mira Loma Distribution Center Facing Federal Wage Lawsuit

Propecia Lawsuit Filed Over Sexual Side Effects

An unidentified man in Colorado has filed a lawsuit in U. S. District Court of Colorado against Propecia manufacturer Merck & Co., alleging the hair loss drug caused permanent sexual injury including erectile dysfunction.

The lawsuit, filed this month, says that after using Propecia, the plaintiff suffered anxiety, depression, decreased libido, decreased semen output, loss of sexual sensation, erectile dysfunction, and testicular pain. More Propecia Lawsuit Filed Over Sexual Side Effects