Current Mass Torts



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Man 1: Hello and welcome to The Mass Tort Update.

In health this week, the FDA plans to add information about possible psychiatric side effects to labels of ADHD drugs.

Recent studies have shown that the longer the patient is kept under deep anesthesia, the higher the risk of death.

The EPA has proposed allowing manufactures to test their pesticides on humans when seeking government approval for their products. That's ridiculous!

The FDA alleges that Medtronic Inc., the world's largest maker of devices that help maintain a normal heartbeat, failed to correct manufacturing problems and investigate complaints about its Life Pack 12 External Defibrillators.

Able Laboratories, a maker of generic prescription drugs, recalled all of its products on May 23rd, saying that deficiencies in the testing procedures might have resulted in sub-potent or super-potent drugs.

Scientific studies on the dust from the World Trade Center disaster, and people exposed to it, suggest that not only are there health effects, but also that the contamination may itself persist long after impact.

And in safety warnings, Second Chance Body Armor Inc. said that recent tests suggest that any bullet resistant vests with Xylon may fail to perform and result in serious injury or death. The company has already recalled 130,000 other vests.

In new cases, parents have filed more than 4, 800 lawsuits over the use of a vaccine suspected of causing autism in children. The proof of causation remains very controversial. A New York man is suing Pfizer for retinal damage caused by the impotence drug, Viagra. The FDA is reportedly investigating 42 other reports of blindness caused by Viagra and Cialis. The manufactures vehemently deny any such link.

And in legal decisions: The Supreme Court has ruled that Exxon-Mobil must pay as much as 1.3 billion dollars to gas station owners that claimed that they never received a fuel discount that the company promised them. But my prices keep going up and yours too. A Tennessee judge reduced a punitive award against Daimler-Chrysler from $98,000,000 to $20,000,000. And the California Supreme Court ruled that arbitration agreements between businesses and their customers couldnt preclude a class-action lawsuit.

In Verdicts, according to an AP story, a jury awarded $10,000,000 to the family of an electrician, and his stepson, who died when a Coleman heater filled their camping tent with carbon monoxide. Sixty deaths have already been linked to the heaters so far, but no proof, so far. Ford was cleared of liability in a rollover case in California.

And in settlements, Boston Scientific has agreed to settle a six-year investigation into its recall of a flawed cardiac stint. There was no admission of wrongdoing as a part of that settlement. And Daimler-Chrysler Services will settle a pair of class-action lawsuits filed by minority customers in both Chicago and New Jersey. The lawsuits alleged that the automaker discriminated against their credit applications because of their race. Again, no admissions.

Legislation affecting consumer rights: The asbestos legislation that would deprive most asbestos victims to the right to compensation is still being hotly contested on Capitol Hill, and we'll update you with more on that next week.

While in federal court, rule-makers are moving forward on rule changes that would make those emails that we're getting in litigation more difficult to obtain and to show juries. Now where are we going with that?

Should you have any questions or need any assistance, you can contact us by clicking on the box below. Thank you and we'll see you next week, and welcome back!

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