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Lawsuits against Carnival Corp Filed in U.S. Despite Legal Obstacles

More than 1,000 businesses and hundreds of Costa Concordia passengers are filing lawsuits against Carnival Corp in U.S. federal and state courts despite legal obstacles that could force them to file in Italy, Bloomberg Businessweek reports. The suits seek millions in damages from Carnival, the parent company of the cruise line that ran aground of the island of Giglio in Italy.

The lawsuits claims that because Carnival is the parent company of Costa Crociere which owns the sunken ship, it is responsible for negligence, recklessness, and any safety violations that may have been involved in the January 13, 2012 accident. 32 people died in the wreck, and businesses claim that the wreck has depressed property values, deterred visitors, and polluted local waters. More Lawsuits against Carnival Corp Filed in U.S. Despite Legal Obstacles

North Carolina Man Files Actos Bladder Cancer Lawsuit

The national law firm of Parker Waichman LLP has filed a lawsuit in U.S. District Court for the Western District of Louisiana on behalf of a man from North Carolina who alleges that he developed bladder cancer due to his use of the type 2 diabetes drug Actos.

The lawsuit joins many others consolidated in multidistrict litigation and names Takeda Pharmaceuticals America, Inc., Takeda Pharmaceuticals North America, Inc., Takeda Pharmaceuticals Company Limited, and Eli Lilly and Company. The lawsuit claims the plaintiff used Actos as prescribed from 2004 to 2012, and developed bladder cancer in 2009, as a direct result of using the drug. More North Carolina Man Files Actos Bladder Cancer Lawsuit

Medical Research Finds Propecia Interferes with Male Hormones

As an increasing number of lawsuits are being filed against Merck pharmaceuticals over the side effects of the hair restoration medicine Finasteride, sold as Propecia, researchers continue to study its effects on the body.

A study conducted by Dr. Michael Irwig, assistant professor of medicine at George Washington University, published in the July issue of the Journal of Sexual Medicine finds that Propecia interferes with male hormones. The study followed 71 healthy men, between the ages of 21 and 46, who used Propecia and experienced sexual side effects for least three months even after they had stopped taking the hair loss drug. More Medical Research Finds Propecia Interferes with Male Hormones

Wrongful Death Lawsuit Filed Against Fresenius over Dialysis Death

Georgia resident Waddell Bishop has filed a lawsuit in U.S. District Court for the Southern District of Georgia against Fresenius USA, Inc., and its subsidiaries over the alleged wrongful death of the plaintiffs’ mother Frances Carol Bishop due to a dialysis treatment that included the use of NaturaLyte® or Granuflo®.

According to the lawsuit, on September 16, 2010 Bishop received a dialysis treatment then suffered a cardiovascular event and died. The suit accuses Fresenius of failing to provide adequate warnings to physicians and their patients regarding the increased risk of cardiovascular incidents for those who are treated with NaturaLyte® or GranuFlo® during dialysis. More Wrongful Death Lawsuit Filed Against Fresenius over Dialysis Death

Appeals Court Blocks Cellphone Radiation Warnings

The 9th U.S. Circuit Court of Appeals has blocked a San Francisco ordinance which would have required retailers to inform cellphone customers via factsheet that the World Health Organization has purported that cellphone emissions were possibly carcinogenic. The ordinance would have also required retailers to offer similar warnings via posters and stickers attached to display ads.

Originally, the ordinance was to take effect in October 2011; however, a ruling made last year by a federal district court judge found that the posters and stickers with the warning were unconstitutional, but that San Francisco could require a modified version of the fact sheet. The decision was appealed by the city and the cellphone industry. More Appeals Court Blocks Cellphone Radiation Warnings

Missouri Woman Sues Medtronic Over Infuse Surgery

Laura Blankenship has filed a lawsuit in U.S. District Court for the Central District of California against Medtronic Inc., over the Infuse® Bone Graft and LT-Cage®.

According to the lawsuit, the plaintiff received the Medtronic Infuse® Bone Graft and LT-Cage® during a surgical procedure in which her surgeon used those products according to Medtronic ‘off-label’ promotions. The lawsuit claims that because of the Infuse Bone Graft® and LT-Cage®, Blankenship was left with worse neck and back pain, because of excessive bone growth around the implant products. More Missouri Woman Sues Medtronic Over Infuse Surgery

Group Home Facing Lawsuit for Failing to Protect Minor from Sex Abuse

A civil lawsuit has been filed against the EMQ Families First group home in Santa Clara County, California alleging the home failed to prevent a staff member from sexually abusing students there.

The lawsuit alleges that 33- year-old Waking Bailey sexually abused the plaintiff, who was 12 at the time, and that one week prior to the start of the abuse, Bailey took the plaintiff to a shopping mall where he engaged her in an explicit and inappropriate conversation. Allegedly, Bailey told the plaintiff, “You’re going to be expected to do things as a woman. Let’s talk about how you go about doing those things properly.” “Sexual things,” the plaintiff asked. “Sexual things,” Baily replied. More Group Home Facing Lawsuit for Failing to Protect Minor from Sex Abuse

Supreme Court Case Could Impact State Medical Malpractice Laws

The Supreme Court will hear a case that could affect North Carolina medical malpractice laws and how the state uses those laws to claim a share of settlement funds.

The high court will hear Delia v E.M.A. a case brought by Sandra and William Earl Armstrong, who were awarded a $2.8 medical malpractice settlement on behalf of their daughter, E.M.A., who was injured at birth and left blind, deaf, and unable to walk, sit, crawl, or talk. She suffers seizures, is mentally retarded, and receives 12-18 hours of skilled nursing care a day. According to court filings, the state of North Carolina placed a $933,333.33 lien against the total settlement amount for medical reimbursement. More Supreme Court Case Could Impact State Medical Malpractice Laws

Remington 700 Series Rifles at the Heart of Several Lawsuits

An alarming number of injuries and even deaths have been associated with the Remington 700 series rifles and the Walker Trigger or Walker Fire Control trigger mechanism. According to the latest lawsuit, a man was seriously injured and left paralyzed when his hunting companion’s gun discharged.

According to federally filed court documents, Brad Humphrey was hunting elk in Cascade County, Montana when his stepson Paul Travis Kohr slipped allegedly causing Kohr’s Remington 700 series rifle to fire. Humphrey was hit in the spine and left paralyzed.

Another lawsuit was filed by New Yorker Richard Barber, who claims that his son was hit and killed when the model 700 rifle unexpectedly fired while being unloaded. In June of this year, Remington Arms Company LLC settled with a Texas man who was injured when his model 700 rifle fired unexpectedly.

According to a CNBC investigation, Remington has since introduced a new firing mechanism, called the X-Mark Pro; however, the company continues to use the Walker trigger in many Remington models, and has issued no recalls, despite allegedly facing more than 75 lawsuits and being named in thousands of complaints, over 20 deaths, and more than 100 injuries.

 

Pradaxa Litigation Stayed While Lead Attorneys Assigned

The United State Judicial Panel on Multidistrict Litigation said that over 100 federally filed Pradaxa bleeding lawsuits have been consolidated to U.S. District Court for the Southern District of Illinois under U.S. District Judge David Herndon. Judge Herndon ruled that the lawsuits will move forward, and set an October 3 initial hearing date, and said he expects the trials to begin within 18 to 24 months.

On September 12, Judge Herndon issued a stay, effectively pausing the litigation until after lead counsel is assigned. More Pradaxa Litigation Stayed While Lead Attorneys Assigned