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claims 1746 articles

Wrongful Death Suit Claims Pilots Were Unfit to Fly

Cessna 340

Human error and negligence are the basis of a wrongful death lawsuit filed by the widow of a man who was killed when the private airplane he was a passenger in crashed after it nearly collided with another small plane just after takeoff from a Tampa airport. Leann Carreno, whose husband Kevin Carreno was killed in the March 18 crash, filed the lawsuit in Hillsborough County Circuit Court, alleging that pilot Louis Caporicci was unfit to fly the twin-engine Cessna 340. Mr. Caporicci was Mr. Carreno’s friend and former U.S. Air Force Academy classmate. The lawsuit also claims that David ... Read More

Surgery to Retrieve Migrating IVC Filter Leaves Woman with 11-Inch Scar

IVC filter

A recipient of Cook Medical’s Gunther Tulip, an inferior vena cava (IVC) filter, is left with an 11-inch long, 1/4-inch wide abdominal scar where she had surgery to retrieve the filter that was migrating toward her spine. IVC filters are small cage-like devices that are implanted in the vena cava, the body’s largest vein, which runs along the spine. They are designed to catch blood clots before they reach the heart, lungs and/or brain. But many IVC filter models such as Cook Medical’s Gunther Tulip and Celect models, as well as C.R. Bard’s Recovery, G2 and G2 Express, have been linked to life-threatening complications ... Read More

U.S. Backs Whistleblower’s FCA Complaint Accusing Guild Mortgage of Fraud

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The U.S. Department of Justice (DOJ) announced that it will intervene in a False Claims Act (FCA) complaint against Guild Mortgage Company brought by a former employee of the company who accuses it of improperly originating and underwriting hundreds of mortgage loans insured by the Federal Housing Administration (FHA). “Guild grew its FHA lending business by ignoring FHA rules and falsely certifying compliance with underwriting requirements in order to reap the profits from FHA-insured mortgages,” the Justice Department said in a press release. Guild was certified as a direct endorsement lender with the FHA, meaning it had the authority to ... Read More

Family of Tony Gwynn files wrongful death lawsuit against tobacco industry

Tony Gwynn - Flickr

The family of baseball Hall of Famer Tony Gwynn is suing Altria Group Inc, formerly known as Philip Morris, claiming the tobacco giant and others in the industry manipulated Gwynn to become addicted to smokeless tobacco that ultimately led to his death from salivary gland cancer. Gwynn was the kind of athlete parents were proud of their kids to look up to. He got along well with his teammates, and didn’t drink or smoke. Like many baseball players at the time, he used smokeless tobacco, or dip, and his choice product was Skoal. Gwynn was under the impression dip was not as ... Read More

Dietary supplement maker slapped with $40 million judgment over false claims allegations

supplement - Jack3d

Lunada Biomedical Inc. has accepted a nearly $40 million judgment to settle false advertising claims brought by the Federal Trade Commission (FTC) involving its dietary supplement Amberen, and to stop promoting the product as “clinically proven” to relieve symptoms of menopause and trim belly fat. The FTC had filed the lawsuit last year, claiming Lunada had generated $60 million in sales of Amberen by running national radio and television advertisements that claimed the product “restores hormonal balance naturally, so the weight can just fall right off. Even that stubborn belly fat,” and that Amberen was “the ONLY product on the market today ... Read More

Kentucky Ambulance Company Files Whistleblower Suit Against Competitor, Alleging Medicare Fraud

Pills - Stethoscope on Money

The owner of a Kentucky ambulance company has filed a False Claims Act lawsuit in federal court against a competitor company, alleging it routinely bills Medicare for ambulance trips that aren’t medically necessary and engages in kickback schemes designed to drive up profits. In the complaint, Darrell Stephen McIntosh, owner of McIntosh Ambulance Services, accuses Arrow-Med Ambulance and its owner Hershel Jay Arrowood of pressuring paramedics and emergency technicians to exaggerate the medical conditions of patients so that it could bill Medicare for the rides. “Arrowood has a car lot and sells flooring, but got into the ambulance business in ... Read More

$2.5 million verdict over Risperdal side effects stands

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A $2.5 million jury verdict against Johnson & Johnson’s Janssen Pharmaceuticals involving claims the company’s antipsychotic drug Risperdal caused an autistic boy to grow female breasts will stand, a Philadelphia judge ruled. Philadelphia County Court of Common Pleas Judge Ramy I. Djerassi rejected the drug company’s bid for a new trial based on claims that allowing a new expert in the bellwether trial had left Janssen’s attorneys unprepared for the new testimony. The drug company also argued that the $2.5 million verdict was excessive because it relied on the plaintiff’s mother’s accounts of her son’s experiences after growing breasts. Djerassi ... Read More

Whistleblower’s FCA Complaint Accuses Wells Fargo Bank of Fraud, Retaliation

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A former Wells Fargo loan officer who claims he was fired in retaliation for complaining about allegedly illegal and unethical directives that could have forced some customers into foreclosure proceedings has filed a False Claims Act lawsuit against the bank in a Portland, Ore., federal court, accusing it of defrauding the federal government by improperly collecting $1.4 billion in foreclosure-prevention funds for loans during the housing crisis. In December 2013, whistleblower Duke Tran “stumbled upon a secret Wells Fargo policy that he felt compromised his personal ethics and violated the laws governing mortgage servicing,” the complaint asserts. The policy required ... Read More

Patients with Metal-on-Metal Hip Implants Much More Likely to Need Revision Surgery

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Patients that have received metal-on-metal hip implant devices are far more likely to need revision surgery, an article by verywell.com states. Jonathan Cluett, MD, contributed his expertise in an article published by the website providing information to patients that have received metal-on-metal hip implants, and what they should do if they are experiencing problems. Metal-on-Metal hip implant designs, such as the Pinnacle hip by DePuy Orthopaedics, a subsidiary of Johnson & Johnson, were recommended for patients with a more active lifestyle, based on claims the all-metal system was a better fit for their needs. But many of the implants were failing at an ... Read More

Janssen, Bayer face Xarelto wrongful death lawsuit

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The daughter of an Ohio man has filed a wrongful death lawsuit against the makers of the blood thinner Xarelto. Michelle Clark, on behalf of her deceased father, Clarence Mason, filed the complaint in the U.S. District Court for the Eastern District of Louisiana. The lawsuit names Johnson & Johnson’s Janssen Pharmaceuticals, Bayer Healthcare, and their related companies. According to the complaint, Clarence took Xarelto as prescribed from Dec. 26, 2013, until August 2014. In April 2014, the man suffered gastrointestinal bleeding, which caused him pain and suffering, disability, disfigurement, mental anguish, and loss of the ability to enjoy life. He ... Read More