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Mississippi man hospitalized after guardrail impales his car

guard-rail - KCPQ-TV image

A Mississippi man is in stable condition in a Northern Virginia hospital after losing control of his vehicle on a wet highway and colliding with a guardrail Wednesday. Reports and images taken of the crash show the guardrail apparently malfunctioned and impaled the man’s vehicle, further raising concerns that some guardrails may be defective and potentially deadly. Authorities investigating the crash aren’t certain whether the guardrails that sliced through 31-year-old Clayton Dominic Johnson’s 1996 Nissan were made by Trinity Industries, the Texas company that manufactured the controversial ET-Plus guardrail systems targeted by a recent whistleblower lawsuit. Joshua Harmon, himself a ... Read More

The Fraud List: CVS Caremark profits from Medicaid fraud

The Fraud List

CVS Caremark is the pharmacy benefit management and drugs-by-mail division of CVS Health, a Woonsocket, R.I., based company currently ranked by Fortune Global 500 as the 35th largest corporation in the world in terms of revenue. As both the owner of nearly 70,000 retail pharmacies and the manager of pharmacy services for thousands of clients, the CVS family of companies is well positioned to make enormous profits in the health care field. The corporation manages pharmacy benefit services for employers, health insurance companies, unions, government employee groups, managed care organizations, and other health care plan providers throughout the U.S. CVS Caremark, ... Read More

Judge refuses to dismiss Prozac birth defects lawsuit

preemie baby

A lawsuit filed by a woman who claims taking Eli Lilly & Co.’s antidepressant Prozac during pregnancy caused her child to be born with a heart defect will move forward after an Alabama federal court refused the drug company’s motion to dismiss the case. U.S. District Judge Keith Watkins found that the plaintiff, Dana Fields, had a genuine dispute against Eli Lilly, and that she could show factual causation that her doctor would not have prescribed the drug to her had he known the risks, even though the doctor is now deceased. Fields claims that in 1996 she took Prozac ... Read More

Data breach class action against Neiman Marcus revived by the 7th Circuit

data-breach

Despite a previous 2013 Supreme Court ruling stating that plaintiffs must be at imminent risk of suffering a concrete injury to sue in federal court, data breach class action plaintiffs received new hope thanks to the 7th U.S. Circuit Court of Appeals. This week, the 7th Circuit panel took the liberty of reinstating a data breach class action against retailer Neiman Marcus by stating that the theft of customer financial records was enough to permit federal trial. Before the 7th Circuit’s ruling, data breach class action plaintiffs faced a seemingly unconquerable hill due to a past Supreme Court ruling in ... Read More

Judge ups Endo whistleblower’s FCA award to $33.6 million

whistleblower-5

A former Lidoderm sales representative for Endo Health Solutions and its subsidiary Endo Pharmaceuticals will receive a $33.6-million payout as her share of $172-million settlement she was instrumental in bringing about with her whistleblower lawsuit. Peggy Ryan sued her former employer in 2005 under the False Claims Act, alleging the company misbranded Lidoderm, a prescription drug for shingles pain, and pushed it for purposes not approved by the U.S. Food and Drug Administration (FDA). In her whistleblower complaint, Ms. Ryan alleged that her superiors at Endo urged her to promote Lidoderm for off-label purposes by goading physicians to talk with ... Read More

The Fraud List: Omnicare Inc., King of Kickbacks

The Fraud List

The pharmacy benefit management industry is ferociously competitive. These companies process prescription drugs and pharmacy services to insurance companies, nursing homes, and other clients, using their size and clout to negotiate lower prices. Cincinnati-headquartered Omnicare Inc. is the largest provider of prescription drugs and pharmacy consulting services to nursing homes and other long-term care facilities in the U.S.  It is also one of the top violators of federal laws designed to protect the integrity and viability of Medicare, Medicaid, and other taxpayer-funded government health care programs. Omnicare’s rap sheet shows that for more than a decade, the company has engaged ... Read More

Rising-star chef sues Amtrak over debilitating injuries sustained in Philadelphia crash

Amtrak derailment, Philly - image by Google

Eli Kulp, a celebrated chef and rising star in the culinary world, was going through his emails on Amtrak Train 188 from Philadelphia to New York City when it derailed and crashed May 12, killing eight people and severely injuring several others, including Mr. Kulp. The 37-year-old chef and restauranteur and father of a 3-year-old son told the New York Post he remembers suddenly flying across the aisle where he struck his neck on the overhead luggage rack. “I immediately knew I was paralyzed,” Mr. Kulp told the New York Post. “I tried to start moving and I couldn’t.” He ... Read More

Woman narrows down defendants in baby powder ovarian cancer lawsuit

baby powder contains talc

A woman who filed a lawsuit against several companies after developing ovarian cancer she claims was caused by using talcum powder on her genitals for personal hygiene, has voluntarily dropped one of the defendants from her lawsuit. Judith Harlan’s lawsuit named Johnson & Johnson, Johnson & Johnson Consumer Products, Imerys Talc America, Walgreens, and the Personal Care Products Council. She filed the motion to dismiss the Council from the lawsuit in April 2015, and Circuit Judge Barbara Crowder granted the motion. Harlan claims she used Johnson’s Baby Powder from 1964 to 2013 for feminine hygiene. At age 66, she was ... Read More

Widower sues hospital, surgeon, power morcellator maker

morcellator

The widower of a woman who died after undergoing a hysterectomy involving a controversial power morcellator surgical tool has filed a lawsuit against the medical device manufacturer, the prominent medical center where the operation took place, and the surgeon who performed the procedure. Rick Kaitz is suing Brigham and Women’s Hospital, medical device maker Karl Storz GmBH & Co. KG, and surgeon Jon Einarsson for wrongful death. He claims the parties were aware that power morcellation surgery could spread undiagnosed cancer, worsening the odds of survival. Yet, his wife Erica Kaitz was never warned of these dangers. She died December ... Read More

Takata won’t set up compensation fund for airbag victims

Takata airbag - image source alexauto321, wikicommons

Japanese automotive supplier Takata said it does not plan to establish a compensation fund for people and their families injured or killed by its airbag defect, which affects about 34 million vehicles in the U.S. Earlier this month, TK Holdings Inc., Takata’s North American unit, said it would consider setting up a compensation fund much like the fund that General Motors created for those harmed by its ignition switch defect. The company was acting in response to calls from Senator Richard Blumenthal (D-Conn.) and other U.S. lawmakers to start such a fund. However, in an email to Sen. Blumenthal, Takata ... Read More