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	<title>breakinglawsuitnews.com</title>
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	<link>http://breakinglawsuitnews.com</link>
	<description>Breaking Lawsuit News</description>
	<lastBuildDate>Fri, 18 May 2012 20:15:09 +0000</lastBuildDate>
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		<title>Zoloft Birth Defect MDL Conference Scheduled</title>
		<link>http://breakinglawsuitnews.com/zoloft-birth-defect-mdl-conference-scheduled/</link>
		<comments>http://breakinglawsuitnews.com/zoloft-birth-defect-mdl-conference-scheduled/#comments</comments>
		<pubDate>Fri, 18 May 2012 20:12:41 +0000</pubDate>
		<dc:creator>Teresa</dc:creator>
				<category><![CDATA[Defective Drug Lawsuits]]></category>
		<category><![CDATA[Zoloft Birth Defect Lawsuits]]></category>

		<guid isPermaLink="false">http://breakinglawsuitnews.com/?p=2665</guid>
		<description><![CDATA[Last month, the U.S. Judicial Panel on Multidistrict Litigation centralized all federally filed Zoloft birth defect lawsuits before Judge Cynthia M. Rufe in U.S. District Court for the Eastern District of Pennsylvania. At that time, nearly 100 lawsuits were centralized to the court on behalf of children who were born with birth defects from Zoloft [...]]]></description>
			<content:encoded><![CDATA[<p>Last month, the U.S. Judicial Panel on Multidistrict Litigation centralized all federally filed <a href="http://www.yourlawyer.com/topics/overview/zoloft">Zoloft birth defect lawsuits</a> before Judge Cynthia M. Rufe in U.S. District Court for the Eastern District of Pennsylvania. At that time, nearly 100 lawsuits were centralized to the court on behalf of children who were born with birth defects from Zoloft prescribed to their mother’s during pregnancy, and the number is expected to grow.</p>
<p>Earlier this month, Judge Rufe issued a pretrial order scheduling the initial status conference of the MDL for July 12, at which time, attorneys for each side will “suggest procedures that will facilitate the expeditious, economical and just resolution of this litigation,” the order said.<span id="more-2665"></span></p>
<p>The judge also ordered that by June 8, each side is to present a proposed case management order, as well as a brief regarding the factual and critical issues concerning the litigation.</p>
<p>All of the lawsuits involved thus far in the MDL allege that Pfizer failed to adequately warn consumers and physicians about the serious and potentially life-threatening side effects of Zoloft on babies, including heart defects, lung defects, cranial defects and malformations, abdominal defects, spina bifida, and persistent pulmonary hypertension in newborns (PPHN). Zoloft was approved by the FDA in 1991 as a treatment for obsessive-compulsive disorder, anxiety, and depression.</p>
<p>&nbsp;</p>
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		<title>Plaintiffs Request da Vinci Surgical Robot  Lawsuit Consolidation</title>
		<link>http://breakinglawsuitnews.com/plaintiffs-request-da-vinci-surgical-robot-lawsuit-consolidation/</link>
		<comments>http://breakinglawsuitnews.com/plaintiffs-request-da-vinci-surgical-robot-lawsuit-consolidation/#comments</comments>
		<pubDate>Fri, 18 May 2012 20:11:06 +0000</pubDate>
		<dc:creator>Teresa</dc:creator>
				<category><![CDATA[Medical Device Lawsuits]]></category>
		<category><![CDATA[da Vinci Surgical Robot Lawsuits]]></category>

		<guid isPermaLink="false">http://breakinglawsuitnews.com/?p=2663</guid>
		<description><![CDATA[Plaintiffs Patricia and Drennan Mayfield have filed a motion with the U.S. Judicial Panel on Multidistrict Litigation to centralize and consolidate all federally filed da Vinci Surgical System product liability lawsuits. The plaintiffs request the MDL be centralized to the U.S. District Court for the Southern District of Mississippi under federal Judge Carlton Wayne Reeves. [...]]]></description>
			<content:encoded><![CDATA[<p>Plaintiffs Patricia and Drennan Mayfield have filed a motion with the U.S. Judicial Panel on Multidistrict Litigation to centralize and consolidate all federally filed <a href="http://www.yourlawyer.com/topics/overview/Da-Vinci-Surgical-Robot-Injury-Lawyers">da Vinci Surgical System product liability lawsuits</a>. The plaintiffs request the MDL be centralized to the U.S. District Court for the Southern District of Mississippi under federal Judge Carlton Wayne Reeves. They chose the U.S. District Court for the Northern District of California as an alternate venue, as that is where da Vinci maker Intuitive Surgical is based.</p>
<p>There are currently four lawsuits filed against the da Vinci surgical device in district courts in Alabama, Mississippi, Louisiana, and New York, and experts expect that number to grow. These lawsuits  allege that design defects and improper training has caused patients to suffer internal injury, and that the manufacturer has failed to provide adequate warnings regarding the risks of complications with the da Vinci surgical device.<span id="more-2663"></span></p>
<p>The Mayfield&#8217;s lawsuit claims that Intuitive Surgical failed to provide hospitals with skilled da Vinci technicians as well as proper physician training, while over-promoting the device as a safe and effective alternative and failing to warn about the risks associated with the device. The lawsuit says that Patricia suffered injury to her bowels and vaginal cuff during a hysterectomy performed with the da Vinci device.</p>
<p>According to the motion, “An estimated four in ten hospital websites in the United States publicize the use of robotic surgery, with the lion’s share touting its clinical superiority despite a lack of scientific evidence that robotic surgery is any better than conventional operations&#8230;.The hospitals employing this device have outsourced patient education content to the device manufacturer, allowing industry to make claims that are unsubstantiated by the literature.”</p>
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		<title>Federal Judge Expedites Actos Lawsuit Filing Procedures</title>
		<link>http://breakinglawsuitnews.com/federal-judge-expedites-actos-lawsuit-filing-procedures/</link>
		<comments>http://breakinglawsuitnews.com/federal-judge-expedites-actos-lawsuit-filing-procedures/#comments</comments>
		<pubDate>Fri, 18 May 2012 20:09:39 +0000</pubDate>
		<dc:creator>Teresa</dc:creator>
				<category><![CDATA[Defective Drug Lawsuits]]></category>
		<category><![CDATA[Actos Side Effect Lawsuits]]></category>

		<guid isPermaLink="false">http://breakinglawsuitnews.com/?p=2661</guid>
		<description><![CDATA[U.S. District Judge Rebecca Doherty, who is overseeing the Actos Products Liability multidistrict litigation in U.S. District Court for the Western District of Louisiana ,has issued a direct filing order for all new Actos lawsuits, which will allow new plaintiffs to join the MDL directly instead of filing Actos lawsuits in local courts and having [...]]]></description>
			<content:encoded><![CDATA[<p>U.S. District Judge Rebecca Doherty, who is overseeing the Actos Products Liability multidistrict litigation in U.S. District Court for the Western District of Louisiana ,has issued a direct filing order for all new <a href="http://www.yourlawyer.com/topics/overview/actos">Actos lawsuits</a>, which will allow new plaintiffs to join the MDL directly instead of filing Actos lawsuits in local courts and having to wait for it to be transferred to the Lafayette federal court.</p>
<p>As many as 10,000 lawsuits could be filed against Takeda Pharmaceuticals over allegations that the type 2 diabetes drug Actos has patients to develop bladder cancer, Bloomberg reported. Last year, the U.S. Food and Drug Administration issued a warning that long-term or high dose Actos users face a 40 percent increase in developing bladder cancer. Health Canada has also issued a warning concerning the drug, and the drug is currently banned in Germany and France.<span id="more-2661"></span></p>
<p>Actos has also been linked to increased heart disease and cardiovascular risks, and a study published in the Journal of Clinical Endocrinology &amp; Metabolism linked the drug to an increased risk of fracture in postmenopausal women, and in men who were also prescribed a loop diuretic.</p>
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		<title>Jury Awards $3.2 Million in Colorado Nursing Home Death</title>
		<link>http://breakinglawsuitnews.com/jury-awards-3-2-million-in-colorado-nursing-home-death/</link>
		<comments>http://breakinglawsuitnews.com/jury-awards-3-2-million-in-colorado-nursing-home-death/#comments</comments>
		<pubDate>Fri, 18 May 2012 20:08:04 +0000</pubDate>
		<dc:creator>Teresa</dc:creator>
				<category><![CDATA[Nursing Home Abuse Lawsuits]]></category>

		<guid isPermaLink="false">http://breakinglawsuitnews.com/?p=2659</guid>
		<description><![CDATA[A Otero County District Court jury has awarded a $3.2 million verdict against Pioneer Healthcare for the family of Henry Frazier who suffered and died from 16-facility acquired infections and what experts called 34 “appalling” injuries, including a stage 4 gaping bedsore that spread across his buttocks and into his scrotum, the Denver Post reported. [...]]]></description>
			<content:encoded><![CDATA[<p>A Otero County District Court jury has awarded a $3.2 million verdict against Pioneer Healthcare for the family of Henry Frazier who suffered and died from 16-facility acquired infections and what experts called 34 “appalling” injuries, including a stage 4 gaping bedsore that spread across his buttocks and into his scrotum, the Denver Post reported. An expert witness hired by the plaintiffs said that her review of the nursing home charts found that “the care provided to Mr. Frazier fell far below the standard of nursing care and wound care.”</p>
<p>Even though Stage 4 bedsores are considered by national safety panels to be extreme events, inline with amputation of the wrong limb or patients electrocution, the state&#8217;s review of the Frazier case led to no penalties, citations, or consequences. <span id="more-2659"></span></p>
<p>“The allegation of the facility failing to properly assess or treat a resident who was at risk for pressure sores was substantiated, the facility was not cited with deficient practice because the investigation did not substantiate current deficient practice,” the state&#8217;s investigation summary stated.</p>
<p>State investigators for Medicare also found no cause to pursue action against the nursing home, however, they did place a lien for thousands of dollars against the jury award for the wound care it paid for Frazier&#8217;s grievous wounds.</p>
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		<title>Skechers to Pay $50 Million in Toning Shoe Lawsuit</title>
		<link>http://breakinglawsuitnews.com/skechers-to-pay-50-million-in-toning-shoe-lawsuit/</link>
		<comments>http://breakinglawsuitnews.com/skechers-to-pay-50-million-in-toning-shoe-lawsuit/#comments</comments>
		<pubDate>Thu, 17 May 2012 20:14:10 +0000</pubDate>
		<dc:creator>Teresa</dc:creator>
				<category><![CDATA[Fraud Lawsuits]]></category>

		<guid isPermaLink="false">http://breakinglawsuitnews.com/?p=2670</guid>
		<description><![CDATA[Skechers has agreed to pay $50 million to settle allegations made by the Federal Trade Commission and 44 states attorneys general that the shoe company made false and unsubstantiated claims regarding their rocker-bottom shoes, including that wearers would lose more weight and gain more muscle tone than they could with regular fitness shoes, the LA [...]]]></description>
			<content:encoded><![CDATA[<p><a href="http://www.yourlawyer.com/topics/overview/Skechers-Shape-Ups-Injuries-Injury-Broken-Hip-Ankle-Lawsuit-Lawyer">Skechers </a>has agreed to pay $50 million to settle allegations made by the Federal Trade Commission and 44 states attorneys general that the shoe company made false and unsubstantiated claims regarding their rocker-bottom shoes, including that wearers would lose more weight and gain more muscle tone than they could with regular fitness shoes, the LA Times reports federal investigators as saying.</p>
<p>David Vladeck, director of the Federal Trade Commission’s Bureau of Consumer Affairs said “Unfortunately, for the millions of people who bought Skechers toning shoes, the only thing that got a workout was their wallet.” He also said that “when comparing its toning footwear to standard fitness shoes, Skechers put its foot in its mouth by making unproven claims that its toning footwear strengthened muscles, increases weight loss, reduces body fat and improves circulation and aerobic conditioning.&#8221;<span id="more-2670"></span></p>
<p>Under the terms of the settlement, Skechers will pay $40 million for the federal allegations, with most to be used for refunds to consumers who purchased the shoes, and $5 million more to settle allegations made the states, as well as an additional $5 million for legal fees associated with the class action lawsuit.</p>
<p>Anyone who purchased Skechers Shape-Ups and other toning shoes can apply for a refund through the FTC website at <a href="http://www.ftc.gov/bcp/cases/skechers/index.shtm">http://www.ftc.gov/bcp/cases/skechers/index.shtm</a></p>
<p>&nbsp;</p>
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		<title>RehabCare Accused of Nursing Home Kickback Scheme</title>
		<link>http://breakinglawsuitnews.com/rehabcare-accused-of-nursing-home-kickback-scheme/</link>
		<comments>http://breakinglawsuitnews.com/rehabcare-accused-of-nursing-home-kickback-scheme/#comments</comments>
		<pubDate>Thu, 17 May 2012 20:13:28 +0000</pubDate>
		<dc:creator>Teresa</dc:creator>
				<category><![CDATA[Fraud Lawsuits]]></category>
		<category><![CDATA[Nursing Home Abuse Lawsuits]]></category>
		<category><![CDATA[Whistleblower Lawsuit]]></category>

		<guid isPermaLink="false">http://breakinglawsuitnews.com/?p=2667</guid>
		<description><![CDATA[According to a whistleblower lawsuit transferred to U.S. District Court in St. Louis last week, RehabCare Group Inc paid a Missouri nursing home some $10 million in kickbacks for access to Medicaid and Medicare residents for physical therapy. The U.S. Department of Justice joined the lawsuit last year. Health Systems Inc., which owns the nursing [...]]]></description>
			<content:encoded><![CDATA[<p>According to a whistleblower lawsuit transferred to U.S. District Court in St. Louis last week, RehabCare Group Inc paid a Missouri nursing home some $10 million in kickbacks for access to Medicaid and Medicare residents for physical therapy. The U.S. Department of Justice joined the lawsuit last year.</p>
<p>Health Systems Inc., which owns the nursing home, and its affiliate Rehab Systems were also named as defendants in the lawsuit. According to government investigators, RehabCare formed an illegal business arrangement with Health Systems and Rehab Systems which included a one-time payment of more than a half million dollars, as well as continuous payments of 30 percent of therapy services. For this, the lawsuit claims, RehabCare was given a five-year therapy service contract for nursing home residents.<span id="more-2667"></span></p>
<p>The federal anti-kickback statute prohibits anyone from pay for or receiving “any renumeration” for referrals of Medicaid and Medicare recipients. According to investigators, RehabCare “has received in excess of $70 million in revenue” from the illegal maneuvers since 2006.</p>
<p>The lawsuit seeks treble damages plus civil penalties of up to $50,000 per false claim, St. Louis Today reports.</p>
<p>&nbsp;</p>
<p>&nbsp;</p>
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		<title>PA Judges Hear Appeals in Risperdal Dismissal</title>
		<link>http://breakinglawsuitnews.com/pa-judges-hear-appeals-in-risperdal-dismissal/</link>
		<comments>http://breakinglawsuitnews.com/pa-judges-hear-appeals-in-risperdal-dismissal/#comments</comments>
		<pubDate>Wed, 16 May 2012 20:35:48 +0000</pubDate>
		<dc:creator>Teresa</dc:creator>
				<category><![CDATA[Defective Drug Lawsuits]]></category>
		<category><![CDATA[Risperdal Lawsuit]]></category>

		<guid isPermaLink="false">http://breakinglawsuitnews.com/?p=2656</guid>
		<description><![CDATA[Seven Pennsylvania Commonwealth Court judges heard arguments on Wednesday to reverse a dismissal by two Common Pleas Court judges of a lawsuit filed against Johnson &#38; Johnson over allegations that it inappropriately profited from the antipsychotic drug Risperdal, the Philadelphia Inquirer reports. Previously, Judge Howland Abramson dismissed a count made by the state that it [...]]]></description>
			<content:encoded><![CDATA[<p>Seven Pennsylvania Commonwealth Court judges heard arguments on Wednesday to reverse a dismissal by two Common Pleas Court judges of a lawsuit filed against Johnson &amp; Johnson over allegations that it inappropriately profited from the antipsychotic drug <a href="http://www.yourlawyer.com/topics/overview/risperdal">Risperdal</a>, the Philadelphia Inquirer reports.</p>
<p>Previously, Judge Howland Abramson dismissed a count made by the state that it could sue J&amp;J subsidiary, and Risperdal maker Janssen Pharmaceuticals, as a “provider” under the fraud laws of Medicaid. Then, Judge Frederica Massiah-Jackson dismissed the lawsuit after a week of testimony ruling that PA did not have enough evidence for the case to continue.<span id="more-2656"></span></p>
<p>Currently, attorneys for the state argue that the dismissal was in error, presenting evidence that included letters from the FDA, one of which stated, “The materials and promotional messages Janssen has disseminated contain false and/or misleading information about the safety and effectiveness of Risperdal.”</p>
<p>A lawyer for J&amp;J said the state completely and totally failed to prove its case, and urged the court to let the dismissal stand.</p>
<p>&nbsp;</p>
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		<title>Actos Whistleblower Lawsuit Implicates Cleveland Clinic Researcher</title>
		<link>http://breakinglawsuitnews.com/actos-whistleblower-lawsuit-implicates-cleveland-clinic-researcher/</link>
		<comments>http://breakinglawsuitnews.com/actos-whistleblower-lawsuit-implicates-cleveland-clinic-researcher/#comments</comments>
		<pubDate>Wed, 16 May 2012 20:34:29 +0000</pubDate>
		<dc:creator>Teresa</dc:creator>
				<category><![CDATA[Defective Drug Lawsuits]]></category>
		<category><![CDATA[Actos Lawsuit]]></category>

		<guid isPermaLink="false">http://breakinglawsuitnews.com/?p=2654</guid>
		<description><![CDATA[The 2011 whistleblower lawsuit filed by former Takeda medical reviewer Helen Ge against the pharmaceutical company, which alleges that Takeda downplayed the number negative events associated with the type 2 diabetes drug Actos, including bladder cancer and heart failure, that it reported to the FDA. The whistleblower lawsuit, which was unsealed earlier this year, further [...]]]></description>
			<content:encoded><![CDATA[<p>The 2011 whistleblower lawsuit filed by former Takeda medical reviewer Helen Ge against the pharmaceutical company, which alleges that Takeda downplayed the number negative events associated with the type 2 diabetes drug <a href="http://www.yourlawyer.com/articles/topic/actos">Actos</a>, including bladder cancer and heart failure, that it reported to the FDA.</p>
<p>The whistleblower lawsuit, which was unsealed earlier this year, further alleges a financial connection between Takeda and Cleveland Clinic’s Dr. Steven Nissen, who authored a meta-analysis that showed Avandia, also a type 2 diabetes drug, was more dangerous than Actos. The lawsuit also alleges that Nissen was the principal investigator for the Actos phase 2 PERISCOPE trial, and that the trial used technologies invented by Nissen as part of the trial. For this, the suit claims, “payment Nissen received from Takeda through Cleveland Clinic Foundation was estimated to be $8 million to $10 million” for this participation in PERISCOPE, while Cleveland Clinic garnered over $13 million in revenue from Takeda for the Nissen invented imaging technologies.<span id="more-2654"></span></p>
<p>Nissen has previously stated that he received no personal income from the drug maker, and that the funds Ge estimates that Cleveland Clinic received were off base.</p>
<p>&nbsp;</p>
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		<title>Former Altar Boy Files Lawsuit against Archdiocese of Chicago over Priest Sex Abuse</title>
		<link>http://breakinglawsuitnews.com/former-altar-boy-files-lawsuit-against-archdiocese-of-chicago-over-priest-sex-abuse/</link>
		<comments>http://breakinglawsuitnews.com/former-altar-boy-files-lawsuit-against-archdiocese-of-chicago-over-priest-sex-abuse/#comments</comments>
		<pubDate>Wed, 16 May 2012 20:32:47 +0000</pubDate>
		<dc:creator>Teresa</dc:creator>
				<category><![CDATA[Personal Injury Lawsuits]]></category>
		<category><![CDATA[Clergy Abuse]]></category>

		<guid isPermaLink="false">http://breakinglawsuitnews.com/?p=2652</guid>
		<description><![CDATA[A lawsuit has been filed by a former altar boy against the Archdiocese of Chicago alleging that between 1983 and 1984, a priest sexually abused him on multiple occasions. The plaintiff, now 40, alleges that a priest who was ordained in 1935, began to sexually abuse him in December 1983, when he ordered him into [...]]]></description>
			<content:encoded><![CDATA[<p>A lawsuit has been filed by a former altar boy against the Archdiocese of Chicago alleging that between 1983 and 1984, a <a href="http://www.yourlawyer.com/topics/overview/clergy_abuse">priest sexually abused</a> him on multiple occasions.</p>
<p>The plaintiff, now 40, alleges that a priest who was ordained in 1935, began to sexually abuse him in December 1983, when he ordered him into the rectory for punishment for mistakes he made while serving as an altar boy. According to the lawsuit, the boy was given a writing assignment, however, while in the rectory, the priest coerced him into pulling down his pants. The plaintiff alleges the priest then hit him with a wooden paddle and touched his genitals, all the while telling the boys that his actions would cleanse the boys of his mistakes.<span id="more-2652"></span></p>
<p>The lawsuit claims the priest sexually abused the boy in this manner on at least four more occasions.</p>
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		<title>Central Park’s Killer Trees Spawn Lawsuits</title>
		<link>http://breakinglawsuitnews.com/central-parks-killer-trees-spawn-lawsuits/</link>
		<comments>http://breakinglawsuitnews.com/central-parks-killer-trees-spawn-lawsuits/#comments</comments>
		<pubDate>Mon, 14 May 2012 21:05:13 +0000</pubDate>
		<dc:creator>Teresa</dc:creator>
				<category><![CDATA[Accident Lawsuits]]></category>
		<category><![CDATA[Personal Injury Lawsuits]]></category>

		<guid isPermaLink="false">http://breakinglawsuitnews.com/?p=2648</guid>
		<description><![CDATA[Over the past decade, at least 10 lawsuits have been filed over injuries or deaths sustained by failing tree limbs in New York City’s Central Park. Millions of dollars in damages have been paid to plaintiffs and their families, and news reports suggest even more payouts are expected. The problem, according to the New York [...]]]></description>
			<content:encoded><![CDATA[<p>Over the past decade, at least 10 lawsuits have been filed over injuries or deaths sustained by failing tree limbs in New York City’s Central Park. Millions of dollars in damages have been paid to plaintiffs and their families, and news reports suggest even more payouts are expected.</p>
<p>The problem, according to the New York Times, is that the city has experienced severe cutbacks in monies allotted to the city’s tree care and safety programs, forcing pruning work to be delayed. Safety and inspection work is routinely being performed by general park workers, who have not received the special training in the science of tree care and risk management.<span id="more-2648"></span></p>
<p>The New York Times reports that there are 2.5 million trees in the city’s parks and streets, and the city is in the process of planting a million more. Currently, trees are pruned on a 15-year cycle instead of a seven-year cycle, while the tree care budget has dropped from $4.7 million to $1.45 million in the last five years alone. However, the Central Park Conservancy maintains a $40 million budget and inspections are performed by professional arborists, though the number of tree caused deaths and injuries in the park suggest that not enough is being done.</p>
<p>The only way to assure public safety, park managers suggest, would be to remove all the trees.</p>
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