GlaxoSmithKline has agreed to settle almost 200 cases in which plaintiffs allege the use of the antidepressant Paxil caused birth defects.There has been just one trial so far. In Philadelphia a a jury awarded $2.5 million.
The jury awarded only compensatory damages and no punitive damages. But GSK then decided to settle Kilker v. SmithKline Beecham Corp. d/b/a GlaxoSmithKline along with another 190 cases, according to an order signed by Philadelphia Common Pleas Judge Sandra Mazer Moss last week.The cases have settled for confidential amounts, according to the lawyer who litigates the cases.
Up to another 100 cases, including cases that have not yet been filed, have settled.
Source
Thursday, June 24, 2010
Tuesday, June 22, 2010
Truck Safety Coalition News
Image via Wikipedia“Making the nation’s highways safer for all drivers by making truck safety a top national priority is what the Truck Safety Coalition is all about,” said John Lannen, TSC Executive Director. “I am pleased that this Committee is now more balanced with representatives from the safety advocacy community, and we look forward to helping to make some real improvements in motor carrier safety policy.”
Established by Congress in 2006, the MCSAC is charged with providing information, advice and recommendations to the FMCSA on motor carrier safety programs and regulations. The eight new MCSAC members will begin their two-year terms on June 8, 2010. For more details on the other members and upcoming MCSAC public meetings, visit http://mcsac.fmcsa.dot.gov.
“From ideas and concepts concerning truck drivers’ hours-of-service to raising the safety bar for new carriers entering the industry, the members of the MCSAC make an invaluable contribution to the safety mission of our agency,” said FMCSA Administrator Anne S. Ferro. “We welcome our new MCSAC members and look forward to working with the committee to explore new ways to strengthen commercial vehicle safety.”
Jane Mathis, Board Member of Parents Against Tired Truckers, from St. Augustine, Florida, whose son and daughter-in-law were killed in a truck crash returning home from their honeymoon in 2004 said, “I know all too well the tragedy that can happen when truck safety is not the main concern on our roads. I look forward to offering the perspective of a mother whose child’s death could have been prevented had stronger regulations and enforcement been in place to this Committee.
It is a testament to the leadership of the U.S. Department of Transportation and FMCSA that a victim/volunteer has a seat at the table with the industry.”
The Truck Safety Coalition is a partnership between Citizens for Reliable and Safe Highways (CRASH) and Parents Against Tired Truckers (P.A.T.T) dedicated to reducing death and injury caused by truck-related crashes, providing compassionate support to truck crash survivors and families of truck crash victims, and educating the public, policy-makers and media about truck safety issues.
http://www.patt.org/images/stories/tsc%20fmcsa%20mcsac%206%202%2010%20release.pdf
Monday, June 21, 2010
Jones County Truck Wreck
Electricity has been restored to 350 Georgia customers in Jones County after a tractor-trailer carrying frozen chickens bound for Savannah hit a power pole off Gray Highway near Creekside Drive.
The power came back on at about 9:45 a.m., said Georgia Power spokesman Jeff Wilson.
The power came back on at about 9:45 a.m., said Georgia Power spokesman Jeff Wilson.
Marco Carswell, the owner of the rig, said driver Brent Gooden was parking on the side of the road when the rig rolled on the muddy shoulder, slid on its side down an embankment, and came to rest on the pole at about 6:15 a.m. about four miles into Jones County.
Gooden was not hurt in the incident but northbound traffic detoured in the southbound lanes on Ga. 11 so crews could lift the rig. The road reopened at about noon.
Gooden was not hurt in the incident but northbound traffic detoured in the southbound lanes on Ga. 11 so crews could lift the rig. The road reopened at about noon.
Trucks and Safety Data
The FMCSA recently stated that only 8,851 trucking companies, out of the 650,000 active trucking companies in the US, have bothered to see the company safety data that is compiled on each company by the FMCSA. These figures were as as of May 21, 2010, according to FMCSA spokesman Duane DeBruyne. This is ironic considering 1 in 5 trucks are unsafe based on Roadcheck percentages and the industry's stated desire to be "safe."
Safe Boating
Image via Wikipedia"For many people, the holiday weekend signals the perfect time to be out on the water with family and friends," said Col. Terry West, chief of DNR's Law Enforcement Division. "We want to remind everyone that public waters will be very crowded. ... We encourage boat operators to stay sober and alert and know Georgia's boating laws before heading out on the water."
Last year, 13 people died and 113 were injured statewide in 158 boating accidents. Forty people drowned last year. Alcohol was a contributing factor in 20 cases. Meanwhile, DNR rangers arrested 177 people for boating under the influence of alcohol or drugs last year, according to state records.
DNR recommends people follow these safety rules year-round on Georgia waters:
- Never swim alone.
- Never dive into unknown waters.
- Wear a life jacket while boating, using a personal watercraft or water skiing.
- Don't drink alcohol and swim, operate a boat or personal watercraft.
- Don't swim or operate a boat or personal watercraft while under the influence of drugs.
- Designate a driver for boats or personal watercraft.
- Use navigation lights at night regardless of whether the boat is anchored or moving.
- Know the boating "rules of the road" and boating safety procedures.
- Don't overload the boat with people or equipment.
- Personal watercraft operators should maintain a safe and legal speed. Don't jump wakes.
- Boaters and personal watercraft operators should stay clear of other vessels and watercraft.
- Georgia law requires the reporting of any boating accident resulting in death, serious injury or at least $2,000 in property damage.
Beware of phony Tamiflu sold online warns FDA
Image via WikipediaIn an attempt to protect consumers from internet medication fraud, the Food and Drug Administration (FDA) issued a warning on June 17 alerting consumers about fake Tamiflu being sold through illegal internet pharmacies which could prove to be perilous to the health of the user.
Dr. Margaret Hamburg, the U.S. commissioner of food and drugs, stated, "A rogue internet website marketing drug products may look like a professional and legitimate website but may actually be an illegal operation.
"Medicines purchased from websites operating outside the law put consumers at increased risk due to a higher potential that the products will be counterfeit, impure, contaminated, or have too little or too much of the active ingredient.”
Source.
Saturday, June 19, 2010
FL Court Ruling: Fisherman can make Pollution claims
A recent Florida Supreme Court decision is especially timely given the man made catastrophe in the Gulf. The Court answered two certified questions:
DOES FLORIDA RECOGNIZE A COMMON LAW THEORY UNDER WHICH COMMERCIAL FISHERMEN CAN RECOVER FOR ECONOMIC LOSSES PROXIMATELY CAUSED BY THE NEGLIGENT RELEASE OF POLLUTANTS DESPITE THE FACT THAT THE FISHERMEN DO NOT OWN ANY PROPERTY DAMAGED BY THE POLLUTION?
DOES THE PRIVATE CAUSE OF ACTION RECOGNIZED IN SECTION 376.313, FLORIDA STATUTES (2004), PERMIT COMMERCIAL FISHERMEN TO RECOVER DAMAGES FOR THEIR LOSS OF INCOME DESPITE THE FACT THAT THE FISHERMEN DO NOT OWN ANY PROPERTY DAMAGED BY THE POLLUTION?
As to the first question, here's what the Court held:
"The Legislature has enacted a far-reaching statutory scheme aimed at remedying, preventing, and removing the discharge of pollutants from Florida‟s waters and lands. To effectuate these purposes, the Legislature has provided for private causes of action to any person who can demonstrate damages as defined under the statute. There is nothing in these statutory provisions that would prevent commercial fishermen from bringing an action pursuant to chapter 376."
The Court wrote as to the second question:
'We have plaintiffs who have brought traditional negligence and strict liability claims against a defendant who has polluted Tampa Bay and allegedly caused them injury. Thus, the economic loss rule does not prevent the plaintiffs from bringing this cause.'
The Court went on:
We conclude, as did many of the courts in the cases discussed above, that the defendant owed a duty of care to the commercial fishermen, and that the commercial fishermen have a cause of action sounding in negligence.
In the present case, the duty owed by Mosaic arose out of the nature of Mosaic‟s business and the special interest of the commercial fisherman in the use of the public waters. First, Mosaic‟s activities created an appreciable zone of risk within which Mosaic was obligated to protect those who were exposed to harm.
Mosaic's business involved the storage of pollutants and hazardous contaminants. It was forseeable that, were these materials released into the public waters, they would cause damage to marine and plant life as well as to human activity.
Here, the discharge of the pollutants constituted a tortious invasion that interfered with the special interest of the commercial fishermen to use those public waters to earn their livelihood. We find this breach of duty has given rise to a cause of action sounding in negligence. We note, however, that in order to be entitled to compensation for any loss of profits, the commercial fishermen must prove all of the elements of their causes of action, including damages.
Find the opinion here. http://www.floridasupremecourt.org/decisions/2010/sc08-1920.pdf
DOES FLORIDA RECOGNIZE A COMMON LAW THEORY UNDER WHICH COMMERCIAL FISHERMEN CAN RECOVER FOR ECONOMIC LOSSES PROXIMATELY CAUSED BY THE NEGLIGENT RELEASE OF POLLUTANTS DESPITE THE FACT THAT THE FISHERMEN DO NOT OWN ANY PROPERTY DAMAGED BY THE POLLUTION?
DOES THE PRIVATE CAUSE OF ACTION RECOGNIZED IN SECTION 376.313, FLORIDA STATUTES (2004), PERMIT COMMERCIAL FISHERMEN TO RECOVER DAMAGES FOR THEIR LOSS OF INCOME DESPITE THE FACT THAT THE FISHERMEN DO NOT OWN ANY PROPERTY DAMAGED BY THE POLLUTION?
As to the first question, here's what the Court held:
"The Legislature has enacted a far-reaching statutory scheme aimed at remedying, preventing, and removing the discharge of pollutants from Florida‟s waters and lands. To effectuate these purposes, the Legislature has provided for private causes of action to any person who can demonstrate damages as defined under the statute. There is nothing in these statutory provisions that would prevent commercial fishermen from bringing an action pursuant to chapter 376."
The Court wrote as to the second question:
'We have plaintiffs who have brought traditional negligence and strict liability claims against a defendant who has polluted Tampa Bay and allegedly caused them injury. Thus, the economic loss rule does not prevent the plaintiffs from bringing this cause.'
The Court went on:
We conclude, as did many of the courts in the cases discussed above, that the defendant owed a duty of care to the commercial fishermen, and that the commercial fishermen have a cause of action sounding in negligence.
In the present case, the duty owed by Mosaic arose out of the nature of Mosaic‟s business and the special interest of the commercial fisherman in the use of the public waters. First, Mosaic‟s activities created an appreciable zone of risk within which Mosaic was obligated to protect those who were exposed to harm.
Mosaic's business involved the storage of pollutants and hazardous contaminants. It was forseeable that, were these materials released into the public waters, they would cause damage to marine and plant life as well as to human activity.
Here, the discharge of the pollutants constituted a tortious invasion that interfered with the special interest of the commercial fishermen to use those public waters to earn their livelihood. We find this breach of duty has given rise to a cause of action sounding in negligence. We note, however, that in order to be entitled to compensation for any loss of profits, the commercial fishermen must prove all of the elements of their causes of action, including damages.
Find the opinion here. http://www.floridasupremecourt.org/decisions/2010/sc08-1920.pdf
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