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Virginia 270 articles

Fresenius slapped with wrongful death lawsuit


A man is suing Fresenius Medical Care and others, claiming negligence on behalf of the dialysis company and members of Huntington Internal Medicine Group in Huntington, W. Va., which he claims caused injuries and the premature death of his father. John. E. Bourdelais was undergoing dialysis treatment under the care of the defendants on July 13, 2013, when he suffered life-threatening injuries including hemorrhagic shock, cardiopulmonary arrest, bilateral pleural effusions, cardiac arrhythmias, hypovolemic arrest, traumatic hemothorax and multiple fractured ribs secondary to resuscitation. This, the lawsuit claims, shortened his life by two years. The lawsuit was filed by John M. ... Read More

Whistleblower lawsuit against IT companies results in nearly $2.4 million payout to former employee


A whistleblower lawsuit filed by a former employee of NetCracker Technology Corp. has resulted in a $2.36 million reward under the qui tam provisions of the False Claims Act (FCA). The Department of Justice (DOJ) announced the company is facing an $11.4 million fine for failing to ensure its hiring practices were in accordance with a U.S. Department of Defense contract. A second company, Computer Sciences Corp. (CSC), must also pay a $1.35 million penalty for similar allegations. The qui tam provisions of the False Claims Act allow an individual to file a lawsuit on behalf of the government when they have ... Read More

Recall: Metal shavings found in some jars of Skippy peanut butter

Recall - Skippy reduced fat peanut butter

Jars of Skippy peanut butter are being pulled from store shelves over concerns that some may contain metal shavings. The recall involves 153 cases – or 1,871 pounds – of 16.3-ounce jars Skippy Reduced Fat Creamy Peanut Butter Spread with a “Best If Used By” date of DEC1416LR1 with a package UPC code of 37600-10500. The peanut butter was sent to distributors for Publix, Target and Walmart stores in Alabama, Georgia, Virginia, North Carolina, South Carolina, Delaware and Arkansas. Hormel Foods Sales initiated the recall after metal shavings were discovered during an in-line magnet check during routine cleaning. The Food ... Read More

Chinese buffet accused of ‘egregious’ FLSA violations


According to the U.S. Department of Labor (DOL), a Chinese buffet located in Virginia has been in egregious violation of the Fair Labor Standards Act (FLSA) by refusing its employees’ rights to minimum wage and overtime pay. Wah Feng LLC, operating under the name Win Buffet, was investigated by the U.S. Small Business Administration (SBA)’s Baltimore District Office, which uncovered a high number of wage-related grievances. The business opted to pay workers based on a fixed monthly salary in cash, completely disregarding the number of hours worked, minimum wage, or if any of the employees were eligible for overtime pay. Some ... Read More

West Virginia hospital accused of retaliating against whistleblower


A former surgical technician for Cabell Huntingdon Hospital in Huntingdon, W.Va., has filed an employee retaliation lawsuit after blowing the whistle on the operating room’s dangerous conditions. Kimberly Adkins, the whistleblower responsible for the suit, was working in the hospital’s operating room regularly when she began realizing the room’s poor keeping was badly affecting patient health. Some of the detrimental conditions listed by Adkins in her suit include unsterilized surgical instruments used and missing or incorrect tools used. Oftentimes, issues like those reported by Adkins cause patients to transfer infections, blood-borne diseases, and other problems. When Adkins reported these detrimental conditions ... Read More

AndroGel makers unsuccessfully try to get out of lawsuit


The Belgian manufacturer of the top-selling testosterone treatment Androgel, and its American licensee, were not dropped from a class action lawsuit claiming the hormone treatment is ineffective and causes serious injuries. Both companies sought to be removed from the multi-state class action, which involves more than 2,000 plaintiffs. The lawsuit names several companies, including Besins Healthcare S.A., headquartered in Thailand, and its subsidiary Besins Healthcare Inc., a Delaware corporation with principal offices in Virginia. Plaintiffs conceded that six of the 14 counts did not apply to the companies. However, the remaining counts, which involved claims of design defect and neglect, ... Read More

More lawsuits added to Ethicon transvaginal mesh MDL

transvaginal mesh

More than 60 lawsuits claiming Johnson & Johnson’s unit Ethicon Inc., manufactured and marketed defectively designed transvaginal mesh devices will be added to one of seven similar multidistrict litigations (MDL) in West Virginia federal court despite protests from plaintiffs. Plaintiffs from the Northern District of Texas, Eastern District of Kentucky and the Central District of California brought up various arguments including the MDL being too far along for new plaintiffs to enter. “While the relative merits of transferring new tag-along actions to an MDL can change over time, plaintiffs have not demonstrated that transfer would not promote the just and ... Read More

Rail Defect Caused CSX Oil Train Disaster In West Virginia

WV train derailment fire - photo courtesy WPEC CBS12 News

Federal investigators said a broken rail that went unnoticed in two previous safety inspections caused a CSX oil train to derail in West Virginia last February, spilling hundreds of thousands of gallons of crude oil in a wooded area and setting off fires that burned for days. The Federal Railroad Administration (FRA) said that a vertical split head rail defect caused a rail to break. Both CSX Corp. and a contractor hired by the railroad failed to find and correct the defect in two separate inspections months before the derailment occurred, even though their test results showed evidence of the ... 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

Bayer CropScience Will Pay $5.6 Million To Settle Deadly Plant Explosion Charges


Bayer CropScience has agreed to pay $5.6 million to resolve charges that it violated federal chemical accident prevention laws at its facility in Institute, W. Va., where an explosion killed two people in 2008. The terms of the settlement agreement require Bayer CropScience to commit $4.23 million for improvements in in emergency preparedness and response at its Institute, W. Va., plant and protections for the Kanawha River; pay a $975,000 penalty for safety violations; and spend $452,000 to implement safety measures at chemical storage facilities throughout the U.S. According to the U.S. Justice Department, Bayer CropScience agreed to make a ... Read More