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attorneys 665 articles

OSHA panel considers roofing company’s excessive heat exposure fine

Mark Rainey’s first day on the job for A.H. Sturgill Roofing Inc., ended tragically when, after five hours working in direct sunlight under hot temperatures, the 60-year-old man developed heat stroke, was admitted to the hospital with a core body temperature of 105.4 degrees, and died 21 days later. Sturgill Roofing was fined $8,820, but the three-member Occupational Safety and Health Review Commission could toss out that fine because the Occupational Safety and Health Administration (OSHA) doesn’t have specific regulations for heat. Not only does that make it harder to prove that the roofing company is at fault, it could ... Read More

E-cigarette Explosions Trigger Two Product Liability Complaints in Bakersfield

Two Bakersfield, California, men who were seriously injured in separate e-cigarette explosions have filed product liability lawsuits against the manufacturers and sellers of the devices. According to Bakersfield.com, e-cigarette user Vincent Garza alleges his device exploded in his mouth in the course of regular use. Bakersfiled.com reports that court documents state Mr. Garza was vaping when his e-cigarette blew up in his face, causing severe injuries to his mouth, tongue, and index finger. In addition to undergoing surgery on his tongue immediately after the e-cigarette explosion, Mr. Garza also had to have his left index finger amputated at the knuckle. ... Read More

Jurors asked to award $412 million in damages in Roundup trial

Attorneys for a school groundskeeper who sued Monsanto Co. over claims that its herbicides Roundup and Ranger Pro gave him lymphoma, asked a California jury to award him $412 million in damages, a number his attorneys said “makes people change their ways. It’s the kind of number that makes them change the labels.” For years, Monsanto has denied that its herbicides were carcinogenic, and never placed warnings on its products’ label about health risks associated with its products despite studies dating back to the 1990s that linked an ingredient in the herbicide, called glyphosate, to a type of cancer known ... Read More

Wrongful death lawsuit blames companies for not following safety standards

A wrongful death lawsuit has been filed on behalf of the estate of Marcos Antonio DaSilva, a 44-year-old utility worker who was fatally electrocuted while on the job. The lawsuit alleges that DaSilva would be alive today if his employer, KTI Utility Construction & Maintenance LLC, and energy company Eversource had followed basic safety guidelines. DaSilva was a husband, father, and a 22-year employee at KTI, an Oxford-based family run business when he died instantly from an electric jolt while on the job. On June 9, 2016, DaSalvia and his partner Mark Scott were fitting a telephone pole into place. ... Read More

Babies born addicted to opioids won’t get separate track in MDL

Babies born addicted to opioids after being exposed to the drugs in their mothers’ wombs will not get a separate track in the multidistrict litigation (MDL) blaming opioid manufacturers, distributors and pharmacies of fueling the opioid epidemic, the Ohio federal judge overseeing the litigation ruled. Attorneys representing the so-called opioid babies argued in May that their clients deserved a special track in the MDL to address their special medical needs, such as long-term cognitive impairments. But U.S. District Judge Dan Aaron Polster denied the request. The complicated multidistrict litigation includes various local governments as well as Native American tribes, each ... Read More

AbbVie, Besins fined for delaying generic versions of AndroGel

AbbVie Inc., and its affiliate Bensons Healthcare were ordered to pay $448 million for allegedly reaping more than $1 billion in profits after filing sham lawsuits to keep competitors from launching generic versions of the companies’ top selling testosterone replacement therapy AndroGel. The companies filed patent lawsuits against Teva Pharmaceuticals USA and Perrigo Co., which were later ruled baseless by U.S. District Judge Harvey Bartle. If not for AbbVie and Besins’ efforts, Perrigo could have entered the market in June 2013 with its own generic version of AndroGel. “The patent attorneys also clearly recognized that the entry of generic versions ... Read More

Mistrial called after mesothelioma victim dies

Ilene Brick lived a full life, but at the age of 94 she received a horrific diagnosis: mesothelioma, a rare but deadly form of cancer that affects the lining of internal organs, like the lungs. The disease is caused by exposure to asbestos, a mineral made up of microscopic fibers found in many building and industrial materials. It can take 10 to 50 years for the disease to develop. Once diagnosed, mesothelioma typically kills within 12 to 24 months. Ilene was diagnosed with pleural mesothelioma, the most common type of mesothelioma, which affects the lining of the lungs. How could ... Read More

Dr. Oz to pay $5.25 million to settle alleged false diet pill claims

Television personality Dr. Mehmet Oz agreed to pay $5.25 million and stop airing three episodes of The Dr. Oz Show that promoted dietary supplements as miracle weight-loss pills to settle a proposed class action lawsuit. The suit, filed in California federal court, alleges he misrepresented the effectiveness of the diet pills. Veda Woodard, Teresa Rizzo-Marino and Diane Morrison, representing the class, alleged they bought diet pills sold by former bodybuilder Lee Labrada though his company Labrada Bodybuilding Nutrition Inc., after seeing him promote Labrada Gardenia Cambodia Dual Action Fat Buster and Labrada Green Coffee Bean Extract Fat Loss Optimizer on ... Read More

AbbVie accused of misusing plaintiff profile forms in testosterone MDL

Attorneys representing consumers in a multidistrict litigation (MDL) accusing testosterone treatment manufacturers of failing to warn that their products carried cardiovascular risks asked an Illinois federal judge to fine AbbVie Inc., nearly a half million dollars for misusing a records-collecting process to challenge almost 1,000 cases. The plaintiffs’ attorneys told U.S. District Judge Matthew Kennelly that AbbVie, maker of the top-selling AndroGel testosterone replacement therapy, was improperly using the plaintiff profile forms in an attempt to have the cases dismissed. As a result, the plaintiffs’ steering committee has spent tremendous time and effort to respond to the drug company’s issues. ... Read More

Explosions Make E-Cigarettes Too Risky For Many Insurers

Are e-cigarettes and other products in the bustling e-cigarette market too risky for insurance carriers? A recent report by Insurance Business America suggests so. When e-cigarettes and other electronic nicotine delivery devices emerged in the U.S. in 2007, insurance carriers eagerly embraced the new industry for its growth potential and promising revenue source. But as e-cigarettes exploded, causing serious burn injuries and other harm to consumers, “the great fire of interest quickly whittled down to a few smoldering embers,” Insurance Business America reported. Although other factors have played a role, the risk of e-cigarette explosions and serious physical injuries seem ... Read More