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lawyers 468 articles

Whistleblower Lawsuit Leads to $17 Million Recovery from Pentec Health

A whistleblower who filed a False Claims Act lawsuit against her former employer, Pentec Health Inc., has helped the U.S. government recover $17 million for Medicare and other federal health care programs. Jean Brasher filed the whistleblower lawsuit in October 2013 accusing Pennsylvania-based Penter Health Inc. of billing Medicare and other government programs for excessive amounts of its renal drug Proplete. According to the U.S. Justice Department, the whistleblower lawsuit alleged that Pentec also routinely waived patient copayments and deductible obligations to incentivize beneficiaries of the government programs to get Proplete prescriptions, even when more affordable options were available. Additionally, ... Read More

Canadian parliament member calls for independent safety review of glyphosate

Canadian Member of Parliament (MP) Carol Hughes is pressing the Canadian government to conduct an independent review of glyphosate, the active ingredient in the weed killer Roundup, to determine the effects of the herbicide on users and whether the chemical can cause cancer. “There was a presentation made at a meeting I recently attended, and one of the lawyers on hand had argued the case in the U.S. that their client, a groundskeeper, had been exposed to the herbicide glyphosate in Roundup and has terminal cancer. It is believed it is caused by years of his exposure to glyphosate,” said ... Read More

Bayer asks judge to split second Roundup bellwether into two phases

A California judge is considering splitting into two parts the second bellwether trial in a lawsuit blaming an ingredient in the weed killer Roundup for causing cancer, in the same fashion a different judge did for the first bellwether. The first phase would focus on whether the ingredient glyphosate caused the plaintiff’s cancer and, if so, the second phase proceeds to determine Bayer/Monsanto’s liability. Lawyers for Bayer AG’s unit Monsanto asked California Superior Court Judge Winifred Smith to split the trial in the case of Alva and Alberta Pilliod, a husband and wife who allege each of them developed non-Hodgkin ... Read More

Carnival Cruise Passengers Injured in Shipboard Accident Sue

A group of Carnival Cruise Line passengers who allegedly were injured when their cruise ship listed to its side due to a technical problem are suing the cruise line. A couple from Georgia and a North Carolina woman filed the lawsuit against Carnival Cruise Line in a South Florida federal court on Tuesday, Jan. 15. They claim cruise line’s negligence caused the Carnival Sunshine to tilt to its side for about a minute just moments after setting sail from Port Canaveral, Florida, on a five-day Caribbean cruise Oct. 28. Several passengers aboard the cruise reported tables, chairs, and other furniture ... Read More

U.S. Supreme Court Won’t Revive Trinity Industries Guardrail Case

Trinity Industries will no longer have to fend off a $663.4 million judgment against it after the nation’s top court rejected a whistleblower’s bid to revive a 2014 jury verdict accusing the guardrail manufacturer of defrauding the government. The U.S. Supreme Court Justices declined to hear whistleblower Joshua Harman’s final appeal to leave the dangerous-guardrail judgment intact after it had been tossed by the Fifth Circuit Court of Appeals in New Orleans in 2017, according to Reuters. Mr. Harman sued Trinity Industries in 2012 under the whistleblower provisions of the False Claims Act, alleging that the Texas-based manufacturer defrauded the ... Read More

Jurors’ multi-billion verdict against J&J was punishment for violating public trust

“If trusted corporations deceive the American people, they need to be punished – not because their products cause cancer – but because they must be held accountable if people believe they have violated the public trust,” said Milton Packer, M.D., in an editorial in MedPage Today. Dr. Packer posed the question, “Why did a jury deliver a $4.69 billion verdict against Johnson & Johnson,” and side with 22 women who sued the company alleging its Johnson’s Baby Powder contained cancer-causing asbestos that contributed to their ovarian cancer diagnosis? Dr. Packer’s theory? “The verdict had little to do with whether talc ... Read More

Woman blames J&J talcum powder for her ovarian cancer diagnosis

Krystal Kim’s ovarian cancer was found by chance, during a minor surgery. She had no symptoms like bloating or pain. “That’s why it’s known as the silent killer,” she told The Philadelphia Tribune.  She underwent six rounds of chemotherapy before going into remission. When the cancer returned, she had a hysterectomy and had parts of her colon and intestines removed. That’s when she randomly took a quiz on social media asking if she had ovarian cancer and had she ever used talcum powder on her genitals for personal hygiene. She said yes to both. Then she was contacted by attorneys who ... Read More

Trucking Companies Can Disregard California Break Rules, FMCSA Says

Commercial trucking companies do not have to comply with a California law requiring them to provide drivers with paid rest and meal breaks, federal regulators announced just before Christmas. In a written statement, Federal Motor Carrier Safety Administration (FMCSA) Administrator Raymond Martinez suggested that pre-empting California’s stricter safety rules would lead to increased highway safety. The federal government’s hours-of-service (HOS) rules allow truck drivers to spend more time behind the wheel without a break. “Safety is FMCSA’s top priority and having uniform rules is a key component to increasing safety for our truck drivers,” Mr. Martinez said. “During the public comment ... Read More

Dying man requests expedited Roundup trial date

A man who last month was given a “devastating diagnosis” of having less than six months to live asked a California judge to expedite his case against Monsanto, maker of the weed killer he claims made him sick. But Monsanto’s lawyers said the man’s terminal diagnosis is not grounds for moving up his trial date. Instead, he should be deposed, they said. Emmanuel Richard Giglio is one of several people in a multidistrict litigation blaming Monsanto’s Roundup and Ranger Pro pesticides for their non-Hodgkin lymphoma diagnoses. They claim the active ingredient in the weed killers – glyphosate – is the ... Read More

Duck Boat Operators Trying to Ward off Lawsuits with 1800s Law

The two companies defending themselves in litigation over the tragic duck boat accident in Branson, Missouri, that killed 17 people in July invoked a maritime law from the 1800s in their argument that they owe no money to victims’ families. The duck boat operators, Ripley Entertainment and Branson Duck Vehicles, filed a lawsuit in federal court on Monday seeking to use the Limitation of Liability Act of 1851 as a shield against more than two dozen lawsuits. The lawsuits were filed by family members of the 17 people aboard the duck boat that sank July 19. There were 31 people ... Read More