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claims 1432 articles

$338-million settlement approved for victims of Lac-Mégantic oil train disaster

oil train disaster Canada - CTV News image

Victims of a horrific oil train derailment that nearly wiped out a small Canadian town in 2013 should get some financial relief soon after a U.S. bankruptcy judge approved a settlement fund that will release $338 million to resolve personal injury and wrongful death claims. Judge Peter Cary approved the settlement Friday after Canadian Pacific withdrew its objections, disputing its alleged liability for the disaster, and after a Canadian judge gave conditional approval on Thursday. The settlement will resolve claims made by victims of the July 2013 derailment of a Maine-based Montreal, Maine & Atlantic train hauling highly volatile Bakken ... Read More

PharMerica Pays $9.25 Million to Settle Whistleblowers’ Kickback Allegations


PharMerica Corp., the second-largest nursing home pharmacy, will pay $9.25 million to settle allegations stemming from a whistleblower lawsuit that it received generous kickbacks from Abbott Laboratories in exchange for pushing its anti-epileptic drug Depakote on nursing home patients. Nursing homes depend on pharmacy consultants and managers, such as those who work for PharMerica, to review the medical charts of resident patients once a month or more to make recommendations to physicians about what drugs should be prescribed for those residents. The settlement announced the U.S. Justice Department Oct. 7 resolves allegations that PharMerica sought and received illegal kickbacks from ... Read More

Xarelto makers cited by FDA for misleading magazine ad


Two years after Johnson & Johnson subsidiary Janssen Pharmaceuticals launched its novel new blood thinner Xarelto, the company was cited by the Food and Drug Administration (FDA) for failing to adequately warn consumers of the potentially dangerous side effects with the drug in a print advertisement published in WebMD magazine. “The Print Ad is false or misleading because it minimizes the risks associated with Xarelto and makes a misleading claim. Thus, the Print Ad misbrands Xarelto in violation of the Federal Food, Drug and Cosmetic Act and FDA implementing regulations,” the warning letter stated. Xarelto is approved to prevent strokes ... Read More

Fair Labor Standards Act: Whistleblowing and Retaliation – FLSA anti-retaliation provisions

The Fraud List: Fair Labor Edition

This is the fifth installment in The Fraud List: Fair Labor Series Nobody likes a tattletale, but when laws are being broken by one’s employer, it becomes the responsibility of the employee to “blow the whistle” to upper management. This responsibility can seem like more of a burden to some workers fearing their job will be affected by whistleblowing. Fortunately, thanks to the Fair Labor Standards Act (FLSA), any employee that experiences discrimination or retaliation due to their brave actions is protected by the anti-retaliation provisions of the FLSA. According to the FLSA, it is a direct violation for any ... Read More

Tennessee man sues AndroGel makers, blames testosterone for heart attack


A Tennessee man says he was lured by the commercials for AbbVie Inc.’s testosterone replacement therapy AndroGel so that he sought out the hormone from his doctor as a treatment for tiredness and other symptoms. Gary Lorei of Elizabethton, Tenn., claims that shortly after starting testosterone therapy, he suffered a heart attack. He filed a lawsuit against AbbVie alleging the company did not adequately warn users about testosterone side effects, including increased risk for strokes, heart attacks, pulmonary embolisms, and blood clots. He also claims that the company promoted the drug for conditions for which may not be appropriate. Lorei’s lawsuit mirrors ... Read More

California Fair Pay Act set to eliminate gender wage gap


The gender wage gap has been a growing problem in the U.S.; however, the state of California decided to put an end to the injustice once and for all by introducing the historic “Fair Pay Act.” According to “The Takeaway,” the Fair Pay Act, which was signed by Governor Jerry Brown this week, requires employers paying men more than women for the same job to verify the pay is based on credentials other than gender. Not only can disgruntled employees challenge alleged discrimination more easily, but they can do so without fear of retaliation as well. “The inequities that have plagued ... Read More

Whistleblowers help Medicare recover $3 million from Atlanta Hospice


An Atlanta hospice company has agreed to pay $3 million to resolve allegations stemming from a whistleblower complaint that it aggressively recruited and enrolled patients who were not terminally ill so it could boost the payments it received from Medicare. The office of John Horn, U.S. Attorney for the Northern District of Georgia, announced the settlement with Guardian Hospice Friday. It is the latest resolution among a growing number of False Claims Act lawsuits filed against hospice companies for abusing and bilking Medicare of taxpayer funds. According to the complaint, Guardian Hospice engaged in a scheme to increase its patient ... Read More

Several Canadian women sue Bayer over Mirena IUD side effects

mirena IUD

Several Canadian women have filed lawsuits against Bayer alleging the company did not adequately warn that its Mirena intrauterine device could cause serious injuries. The lawsuits mirror concerns of hundreds of other plaintiffs in the United States. In 2013, Health Canada, the country’s drug regulator, received 52 reports of uterine perforations involving the Mirena IUD. Perforations have caused tissue or organ damage. There were also reports that the device migrated from its intended position in the cervix to other parts of the abdomen. Surgery is often required to remove the renegade Mirena IUDs. In some cases women have had to ... Read More

Louisville Police Officer Files Second Whistleblower Retaliation Lawsuit Against City


A Louisville, Ky., police officer who settled a whistleblower complaint against the city for $450,000 in April 2014 is suing the city again for what his lawyer described as “a conscious course of conduct to run him out of the department” because of the previous suit. According to WDRB Louisville, Officer Barron Morgan filed his second complaint against the city in Jefferson Circuit Court Sept. 29 describing the retaliation he allegedly experienced since the 2014 settlement. Officer Morgan claimed that his testimony on behalf of another police officer who also sued the city added fuel to Louisville Metro Police Department’s ... Read More

VW Emissions Cheat Should Spur Passage of Auto Industry Whistleblower Law

VW consumer fraud

Driven by General Motors’ deadly ignition switch disaster and the record number of safety recalls in the auto industry last year, the U.S. Senate began pushing for the support of a new bill designed to encourage whistleblowers in the auto industry to speak out by offering strong whistleblower protections and incentives. Now, after Volkswagen‘s recent admission that it programmed its diesel-powered TDI model to cheat on emissions tests, there are suddenly millions more reasons why the bipartisan Motor Vehicle Whistleblower Act should pass the House of Representatives. The hugely successful False Claims Act whistleblower provisions, which have helped the U.S. ... Read More