West Virginia Lawyer

West Va. Law: No class action lawsuit for Digitek heart med

2010-06-03T08:49:00.000-07:00

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.

West Va. coal mine tragedy being investigated by FBI

2010-05-02T19:30:00.000-07:00

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.

West Va. dentist is being sued for medical malpractice.

2010-01-13T18:32:00.000-08:00

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.

Fatal Coal Mine Accident in West Virginia

2009-07-29T07:25:00.000-07:00

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.

Medical Device Lawsuit in West Virginia

2009-06-10T02:11:00.000-07:00

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.

West Virginia Truck and Train Accident

2009-06-05T09:49:00.000-07:00

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.

West Virginia Wrongful Death Lawsuit Settlement

2009-05-11T12:11:00.000-07:00

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.

West Virginia Wrongful Death Lawsuit

2009-02-22T09:17:00.000-08:00

A 70-year-old West Virginia coal mining employee truck driver lost his life when he lost control of a truck he was driving. The truck while traveling downhill, hit an embankment and rolled over.

Authorities are investigating as to whether there was a mechanical failure.

West Virginia Wrongful Death Lawsuit

2009-02-16T21:06:00.000-08:00

A small plane crash happened in West Virginia. Six people died. The estate of two of the victims has a filed a wrongful death lawsuit.

The plane took off heading to Florida when it crashed in West Virginia.

The pilot reported being low on fuel during a mayday call.

The wrongful death suit claims negligence on the flying club for failing to properly inspect the engines, to perform adequate pre-flight preparations, to plan for adequate communication during the flight, to operate the plane safely; to keep the plane on the flight path; and to properly monitor the engine.

West Virginia Law and Drug Courts

2009-01-23T11:45:00.000-08:00

Drug-free in West Virginia is a beautiful thing to 17 graduates of the Northern Panhandle Mental Health & Drug Court Program.

West Virginia Supreme Court Chief Justice Brent Benjamin stressed the importance of taking
responsibility for themselves.

West Virginia has four regional adult drug courts covering 14 counties. Adult drug courts serve only those who have either pleaded guilty or have been found guilty of non-violent misdemeanor and felony crimes related to substance abuse. People can volunteer for the program to avoid jail and prison sentences, but the county prosecutor has the final say in who can participate.

Magistrates supervise those in the program who have committed misdemeanors, while circuit court judges supervise those convicted of felonies.

Participants are subject to regular drug testing and counseling and must attend regular weekly meetings for the program. They also must complete eight hours of community service each week.

The graduates were given a chance to speak as they accepted their certificates, and some took advantage of the opportunity and say they have hope for a better tomorrow.

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West Virginia Medicaid: Pass or Fail?

2008-12-26T05:46:00.000-08:00

Does West Virginia Medicaid fail the poor population that it serves?

If you ask a local law group the answer would be yes. The law group is suing WVA Medicaid because it subjects families to a confusing maze of benefits that limit needed services for children.

The WVA Medicaid office denies any wrong doing.

Earlier this year, two other organizations filed reports criticizing WVA Medicaid services.

No More Smoke Screens in West Virginia

2008-12-22T05:39:00.000-08:00

On Dec. 15, the U.S. Supreme Court made the decision that smokers who were deceived by light and low tar cigarettes can sue now because of state consumer laws.

Five Justices agreed that federal labeling laws do not pre-empt suits in state courts alleging that tobacco companies violated a duty not to deceive smokers. The new decision allows a circuit judge to lift a stay he imposed on all tobacco suits in West Virginia.

The stay was imposed while waiting for a decision.The new opinion mentioned in passing a decision with consequences. A Maine resident started the suit at federal court by proposing a class action lawsuit against Altria Group Inc. the parent company of Philip Morris.

She alleged that Altria fraudulently conveyed a message that light cigarettes delivered less tar and nicotine when Altria knew the message was untrue. Altria answered that the Cigarette Labeling and Advertising Act pre-empted the suit.

A trial judge agreed with Altria, and an appeals court agreed with the woman and it was appealed to the Supreme Court.

West Virginia Lawyer and Asbestos Claims

2008-12-18T20:51:00.000-08:00

Should West Virginia courts open their doors for out-of-state visitors with asbestos claims?

A Pittsburgh law firm wants the Court to hear its appeal of a ruling from West Virginia that dismissed the asbestos cases of more than 1,000 railroad workers.

The law firm says the U.S. Supreme Court has previously agreed with its argument.

A petition says West Virginia courts are doing a better job than its sister states in resolving asbestos cases in a timely manner.

A few years ago the railroad company said the law firm tried to defraud them with false representation of people with asbestosis.

Barry Hill, Esq. Joins Anapol Schwartz

2008-12-15T11:31:00.000-08:00

Barry Hill has joined Anapol, Schwartz, Weiss, Cohan, Feldman & Smalley, P.C. and is the resident partner in the firm’s Wheeling, West Virginia, office.