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Family of Boy Killed on Waterslide Settles Wrongful Death Suit With Waterpark

tallest waterslide, Kansas - image courtesy KMBC

The family of a 10-year-old Caleb Schwab, who was killed in a waterslide accident at the Schlitterbahn Waterpark in Kansas City, Kan., in August 2016, has reached a settlement with the park’s owners and the company that manufactured the rafts used on the ride. “The Schwab family remains determined to hold all those responsible for this tragedy accountable, while doing all they can to ensure this never happens again to another family,” the family’s attorney said in a statement e-mailed to the press. Caleb, the son of Kansas state representative and Speaker of the House Scott Schwab, was killed when ... Read More

Whistleblower Case Settlement Lands District of Oregon’s Largest Recovery For 2016

whistleblower reward justice

A False Claims Act case brought by a pair of whistleblowers against an Oregon-based owner and operator of independent living communities for seniors led to the single largest civil recovery for the U.S. Attorney’s Office for the District of Oregon in 2016, according to an end of the year review. On May 5, U.S. Attorney Billy J. Williams announced that Holiday Acquisition Corp. and Fortress Investment Group, LLC (collectively Holiday) agreed to pay $8.86 million to resolve a False Claims Act lawsuit alleging it improperly received veterans’ benefit payments from the U.S. Department of Veterans Affairs (VA) for care that ... Read More

False Claims Act Cases Return $4.7 Billion To U.S. Taxpayers in 2016

whistleblower reward justice

False Claims Act lawsuits, much of which were initiated by whistleblowers, helped the U.S. government recover more than $4.7 billion in fiscal year 2016, the U.S Department of Justice (DOJ) said in a year-end review. The recoveries amounted to the third-largest return of federal funds to U.S. taxpayers in the history of the False Claims Act. The total False Claims Act recoveries in 2016 eclipsed the previous year’s recoveries totaling $3.6 billion and mark the fifth consecutive year that the government recovered more than $3.5 billion from False Claims Act complaints. “It’s the icing on the cake for an epic ... Read More

FTC sues memory pill maker over alleged false claims


The Federal Trade Commission (FTC) and the New York attorney general’s office are calling memory-boosting claims made by dietary supplement manufacturer Quincy Bioscience LLC a bunch of bologna and are suing the company demanding it reimburse consumers who they say were duped into buying the memory supplement Prevagen. The lawsuit was filed in the U.S. District Court for the Southern District of New York. Prevagen is sold for $24 to $68 per 30-pill bottle through cable and broadcast TV ads, and has generated about $165 million in sales between 2007 and mid-2015, according to court filings. The company touts the ... Read More

Jury Sends Message About Safety to J&J With Recent $1 Billion Hip implant Verdict


In 2013 and 2016, Johnson & Johnson has been faced with hefty lawsuits over their metal-on-metal hip implants that thousands of patients claim have caused them harm. The three notable verdicts started in March of 2013, when a California jury sided with Loren Kransky in an $8.3 million verdict after he sued the company over his metal-on-metal ASR XL hip which failed in less than five years. The device was made by DePuy Orthopaedics, one of J&J’s subsidiaries. In March of 2016, J&J was hit with another large lawsuit when five plaintiffs were awarded a  $497.6 million verdict by a federal jury in Dallas, Texas, over ... Read More

J&J attempt to delay Missouri talc trials denied again

talc ovarian cancer

According to Law360, Johnson and Johnson’s request to delay upcoming talc trials has been denied by the Missouri Court of Appeals. The next trial is scheduled to begin Feb. 6 in St. Louis. The case is brought by more than 60 women and family members who allege that the company’s talc-containing products cause ovarian cancer and that the company failed to warn them of this risk. Five other trials are scheduled to follow the one in February. Johnson and Johnson questioned the jurisdiction of the 22nd Circuit Court in St. Louis as most of the 1,350 plaintiffs with pending claims are ... Read More

Sears agrees to pay CA $235,000 for selling dangerous dietary supplements

dietary supplements - pills, probiotics

Sears has agreed to pay $235,000 to settle charges by the Orange County District Attorney’s Office that the retail giant sold dietary supplements on its websites that are banned by the Food and Drug Administration (FDA). The department store was also barred from selling misbranded or falsely advertised dietary supplements. The lawsuit, filed in Orange County Superior Court earlier this week, accuses Sears Holdings Management Corp., of advertising and selling nutritional supplements that were found, after FDA laboratory analysis, to contain “dangerous, undeclared substances,” including undeclared sibutramine, a stimulant that was pulled from the market in 2010 due to heart risks, and ephedra, ... Read More

Local newspaper covers Beasley Allen’s past and future battles with Johnson & Johnson over talc

talc ovarian cancer

In a recent article, the Montgomery Advertiser features Montgomery firm Beasley Allen and its ongoing legal battles with Johnson & Johnson over cases related to the company’s talcum powder products and their link to ovarian cancer. In 2016, the firm had success in Missouri state court leading a joint lawsuit filed on behalf of 64 women, of which three women’s suits went to trial. Three separate juries found in favor of the plaintiffs, who alleged that the company’s talc-containing products contributed to their ovarian cancer. In October Deborah Giannecchini was awarded $70.075 million in compensatory and punitive damages. In May Gloria ... Read More

California Sleep Clinic Chain Pays $2.6 Million To Resolve Whistleblower’s Medicare Fraud Allegaitons

Pills - Stethoscope on Money

The owners of a chain of northern California sleep clinics have agreed to pay the U.S. government $2.6 million to settle a False Claims Act lawsuit that originated with a whistleblower who accused them of Medicare fraud through false billing. Anooshiravan Mostowfipour and Tara Nader, who own and operate Bay Sleep Clinic, billed Medicare for sleep tests performed by technicians who lacked the proper licenses and certificates required by the Medicare program, the whistleblower suit alleges. Mostowfipour and Nader, both 58 and residents of Saratoga, Calif., own Amerimed Corporation and Qualium Corporation, which do business as Bay Sleep Clinic and ... Read More

Former hockey players claim NHL failed to warn about concussion risks


The National Hockey League (NHL) condoned its players picking fights with each other during games, possibility increasing their risk of head injury, according to attorneys representing former players. A group of former players are asking a Minnesota federal court to certify a class of players who claim the NHL failed to warn them of the risks of repeated head blows sustained during play and the long-term effects of such injuries. The claims are similar to those of other high-impact sporting leagues, including the National Football League’s $1 billion settlement soon to be inked. The agreement provides regular monitoring of players and financial ... Read More