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ExxonMobil Not Cooperating in Discovery, Family of Man Killed in Texas Plant Claims

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The family of a worker who died in an industrial accident at an ExxonMobil petrochemical plant in Beaumont, Texas, has filed a motion to compel discovery in the case, alleging the corporate energy giant refuses to cooperate. According to the SE Texas Record, Hector Barron filed suit against ExxonMobil in Jefferson County, Texas, Court, May 17, 2016, seeking damages of more than $1 million for the death of his brother and coworker Miguel Barron. The lawsuit also names AltairStrickland, an industrial engineering company that specializes in petrochemical plant turnarounds, and B&G Crane Service. The lawsuit alleges that on May 11, ... Read More

Connecticut Woman claims IVC Filter injury

IVC filter

A Connecticut woman has filed a lawsuit against Rex Medical for injuries she claims are linked to her failed inferior vena cava (IVC) filter. IVC filters are devices resembling a spider inserted into the vena cava for the purpose of catching blood clots before they cause pulmonary embolism by travelling to the heart or lungs. The Daily Hornet reports that Peggy F. from Connecticut was inserted with an IVC filter on Feb. 2, 2014, at Yale New Haven Hospital in Connecticut. The filter was called an Option retrievable filter made by Rex Medical. Retrievable models are fashioned with a hook at the tip ... Read More

CFTC Adopts Stronger Whistleblower Rules and Protections

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Anti-retaliation whistleblower protections are getting a new boost under the U.S. Commodity Futures Trading Commission (CFTC), after the agency’s board unanimously approved amendments to current rules in an effort to make it less risky for would-be whistleblowers to call out fraud and other wrongdoing. Changes to the Commodity Exchange Act will now allow the CFTC and whistleblowers to bring an action against an employer in cases of alleged retaliation. The amendments also bar employers from using confidentiality, pre-dispute arbitration, or similar agreements to obstruct potential whistleblowers from communicating with CFTC staff about possible commodities laws violations, the agency said. In ... Read More

Bodybuilding supplement recalled

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Dynamic Technical Formulations LLC is recalling all lots of Tri-Ton, a dietary supplement promoted for bodybuilding, because the product contains andarine and ostarine, which are selective androgen receptor modulators, or SARMSs. These anabolic steroid-like substances are considered unapproved drugs by the Food and Drug Administration (FDA) and carry health risks to those who consume them. SARMs and anabolic steroid-like drugs are linked to serious side effects including acute liver injury. Abuse of these substances can also lead to serious long-term adverse health consequences in men, women and children, such as shrinkage of the testes, male infertility, masculinization of women, breast ... Read More

Bill Banning Distracted Driving Passes Texas Legislature

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A bill addressing distracted driving has passed the Texas Senate, making its way closer to Governor Greg Abbott’s desk and to becoming law. Texas House Bill 62 takes aim at texting and driving specifically. If signed into law, the bill would take effect Sept. 1. The bill, HB 62, would make it a misdemeanor criminal offense to use a “wireless communication device” while driving to “read, write or send an electronic message while operating a motor vehicle unless the vehicle is stopped.” A Distracted Driving Law With Exceptions Though it addresses texting and driving, which in recent years has emerged ... Read More

Group seeks regulation changes after clinical trial deaths

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Last May, Max Vokhgelt, 24, died from cerebral edema two days after starting an experimental cancer treatment with a Juno Therapeutic drug during a phase II clinical trial. After a review, Juno and the Food and Drug Administration (FDA) determined that a change in trial protocol was not necessary at the time. Max’s death was not reported until nearly two months later, after two other patients participating in the clinical trial died from cerebral edema. At that point, the FDA issued a clinical hold of the trial, but lifted the hold five days later after Juno convinced the agency that the deaths ... Read More

Dietary supplement makers face off in court

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Phoenix, Arizona-based dietary supplement maker Nutritional Distribution LLC is suing Arizona-based rival Total Fitness Warehouse alleging the company sold body building products that contained dangerous and illegal anabolic steroids. By doing this, Nutritional Distribution claims that Total Fitness Warehouse not only put consumers’ health at risk, but the company has also damaged Nutritional Distribution’s online marketing and sales. Nutritional Distribution’s lawsuit claims that Total Fitness targeted body builders and competitive athletes with ads that its products were safe and effective, when in reality they contained hidden drug that could cause serious risks to the liver, heart, and other organs. The ... Read More

Amtrak Engineer Faces Criminal Charges For Deadly Philly Derailment

Amtrak derailment, Philly - image by Google

Former Amtrak engineer Brandon Bostian was arraigned last week on numerous charges related to the deaths and injuries of passengers aboard Amtrak 188, which derailed in Philadelphia two years ago, killing eight passengers and injuring numerous others. Mr. Bostian, 34, was charged with eight counts of involuntary manslaughter, one count of causing or risking a catastrophe, and multiple counts of reckless endangerment. He was arraigned Thursday, May 17, and released on an $81,000 bond, with his next scheduled court date set for June 7. Mr. Bostian was operating the seven-car Amtrak commuter train on May 12, 2015, when it approached ... Read More

CVS/Omnicare Settle Whistleblower Lawsuit for $8 million

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A lawsuit filed under the False Claims Act by a whistleblower who accused CVS subsidiary Omnicare of cheating Medicare and Medicaid through its prescription verification system has been resolved with an $8 million settlement, New Jersey U.S. Attorney William Fitzpatrick announced. The deal resolved civil claims that Omnicare, in an effort to increase business efficiency and profit, designed and implemented an automated label verification system that used improper drug codes, resulting in the submission of claims for generic drugs differently from those actually dispensed to Medicare and Medicaid beneficiaries. The whistleblower complaint also alleged that the false, patient-specific information on ... Read More

Next St. Louis talc-ovarian cancer trial to start in June

talc ovarian cancer

It’s been just over two weeks since the conclusion of the last trial in St. Louis against Johnson and Johnson over the ovarian cancer risk connected to its talc-containing products. In that trial the Missouri jury found the company and its talc provider, Imerys, to be responsible for the development of plaintiff Lois Slemp’s ovarian tumors. She had used Johnson and Johnson products such as Johnson’s Baby Powder and Shower to Shower for feminine hygiene for four decades prior to being diagnosed with cancer in 2012. Slemp’s was the fifth bellwether trial to be held in the state, where thousands ... Read More