A U.S. judge in West Virginia said no to a consumer class action lawsuit for Digitek heart meds.
Litigation began in 2008, after Digitek's manufacturer Actavis Totowa discovered 20 double strength pills from a New Jersey plant and recalled a whole batch. Plaintiffs also sued distributor Mylan Pharmaceuticals, three of its subsidiaries, and distributor UDL Laboratories.
Some plaintiffs claimed personal injuries, including wrongful death, while others claimed economic losses.
The judge found that among the six cases, none of the cases were similar. Some of the plaintiffs claimed to be injured by Digitek but were never seen by doctors.
Plaintiffs sought new glasses, toll charges, insurance premiums, the cost of two enemas.
Thursday, June 3, 2010
Sunday, May 2, 2010
West Va. coal mine tragedy being investigated by FBI
Massey Energy, the West Va. coal company, is being investigated by the FBI for bribery and potential violations of federal securities laws.
On Monday, April 5, 2010, an underground explosion occurred at the Upper Big Branch mine in Montcoal, West Virginia causing 29 miners' wrongful deaths. The Wall Street Journal reported that although the cause of the explosion had not yet been determined, federal mine-safety officials suspected that something ignited methane gas which had built up in the mine.
According to the WSJ, the Mine Safety and Health Administration's website, 35 violations issued for the Upper Big Branch mine were deemed significant and substantial. The agency defines a significant and substantial violation as one “reasonably likely to result in a reasonably serious injury or illness.”
The agency said on its Web site that the mine’s operator, Massey subsidiary Performance Coal Co., allowed combustible materials to accumulate in the mine and failed to follow its own plan for maintaining adequate ventilation and controlling methane levels.
The investigation is focusing on whether a series of statements made by Massey Energy regarding the safety of its mines and operations were materially false and misleading.
On Monday, April 5, 2010, an underground explosion occurred at the Upper Big Branch mine in Montcoal, West Virginia causing 29 miners' wrongful deaths. The Wall Street Journal reported that although the cause of the explosion had not yet been determined, federal mine-safety officials suspected that something ignited methane gas which had built up in the mine.
According to the WSJ, the Mine Safety and Health Administration's website, 35 violations issued for the Upper Big Branch mine were deemed significant and substantial. The agency defines a significant and substantial violation as one “reasonably likely to result in a reasonably serious injury or illness.”
The agency said on its Web site that the mine’s operator, Massey subsidiary Performance Coal Co., allowed combustible materials to accumulate in the mine and failed to follow its own plan for maintaining adequate ventilation and controlling methane levels.
The investigation is focusing on whether a series of statements made by Massey Energy regarding the safety of its mines and operations were materially false and misleading.
Wednesday, January 13, 2010
West Va. dentist is being sued for medical malpractice.
According to the medical malpractice lawsuit, the dentist failed to get informed consent from the plaintiff; record or maintain the original occlusion; refer her to a specialist when procedures exceeded the scope of expertise, resulting in the perforation of two teeth; make a timely referral following perforation that resulted in extensive bone loss; isolate teeth using a rubber dam; notify plaintiff or record perforations; adequately adjust occlusion of permanent crowns prior to cementation; keep accurate medical records; and otherwise properly examine, advise, care for the plaintiff.
As a result of the medical negligence, the woman suffered three fractured teeth, two of which were perforated iatrogenically; bone loss; likely permanent loss of teeth; and significant painful treatments.
The West Va. lawsuit claims compensation damages.
As a result of the medical negligence, the woman suffered three fractured teeth, two of which were perforated iatrogenically; bone loss; likely permanent loss of teeth; and significant painful treatments.
The West Va. lawsuit claims compensation damages.
Wednesday, July 29, 2009
Fatal Coal Mine Accident in West Virginia
The vehicle of a truck operator for a surface coal mine in West Virginia was killed when his truck turned over into a pond.
Investigators are looking into the details of the fatal accident.
Other fatal accidents have occurred in and around the mine in the past decade.
Investigators are looking into the details of the fatal accident.
Other fatal accidents have occurred in and around the mine in the past decade.
Wednesday, June 10, 2009
Medical Device Lawsuit in West Virginia
A West Virginia surgeon who has since fled the state and relinquished his medical license is a defendant in many lawsuits claiming that he misdiagnosed, harmed and killed patients.
Lawsuits involving the former W. Va. surgeon have already garnered $100 million in settlements.
The medical device in the middle of this storm is EBI's Ionic Spine Spacer System and OsteoGen implants. EBI is allegedly being sued for improperly marketing its devices through an illegal kickback scheme that involved W. Va. surgeon and defrauded federal health care programs. EBI denies the allegations.
Six of the W. Va. malpractice cases were slated for a combined civil trial June 1 but were off the calendar in the wake of the settlement agreements.
EBI was initially named in 38 of the W. Va. lawsuits, but was dismissed from 11 previously. A second device maker, Wright Medical Technology Inc., is named in 33 of the cases.
Lawsuits involving the former W. Va. surgeon have already garnered $100 million in settlements.
The medical device in the middle of this storm is EBI's Ionic Spine Spacer System and OsteoGen implants. EBI is allegedly being sued for improperly marketing its devices through an illegal kickback scheme that involved W. Va. surgeon and defrauded federal health care programs. EBI denies the allegations.
Six of the W. Va. malpractice cases were slated for a combined civil trial June 1 but were off the calendar in the wake of the settlement agreements.
EBI was initially named in 38 of the W. Va. lawsuits, but was dismissed from 11 previously. A second device maker, Wright Medical Technology Inc., is named in 33 of the cases.
Friday, June 5, 2009
West Virginia Truck and Train Accident
West Virginia Truck Collides with Train
Two employees who work for the Department of Health must have good karma because the dump truck they were driving collided with a train on W. Va 62.
Although injured, their injuries were not life threatening.
The collision completely detached the truck bed from its axles. The cause of the accident remains under investigation.
Two employees who work for the Department of Health must have good karma because the dump truck they were driving collided with a train on W. Va 62.
Although injured, their injuries were not life threatening.
The collision completely detached the truck bed from its axles. The cause of the accident remains under investigation.
Monday, May 11, 2009
West Virginia Wrongful Death Lawsuit Settlement
West Virginia Department of Health and Human Resources has agreed to pay Logan Goodall's father $575,000 to settle a wrongful death lawsuit.
The West Va. Dept of Health & Human Resources paid $575,000 to the father of a 2-year-old child who died because of a wrongful death lawsuit.
The West Virginia DHHR failed to follow through on a child abuse case that turned into wrongful death.
The mother and her live in boyfriend were charged as was the boyfriend’s parents. The defendant’s father, a doctor, treated the child but failed to report the abuse and the defendant’s mother lied to the DHHR about the child’s whereabouts.
The parties settled out of court.
The West Va. Dept of Health & Human Resources paid $575,000 to the father of a 2-year-old child who died because of a wrongful death lawsuit.
The West Virginia DHHR failed to follow through on a child abuse case that turned into wrongful death.
The mother and her live in boyfriend were charged as was the boyfriend’s parents. The defendant’s father, a doctor, treated the child but failed to report the abuse and the defendant’s mother lied to the DHHR about the child’s whereabouts.
The parties settled out of court.
Subscribe to:
Posts (Atom)
Posts
