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Archive for the ‘Lawsuits’ Category

In an article by Jake Aryeh Marcus, upon which I was so glad to find, she details how a landmark ruling supports a vaccine injured child.

And I quote, “In a sealed November 2007 Report leaked to the public, the Division of Vaccine Injury Compensation (DVIC), US Department of Health and Human Services (HHS), concluded that vaccinations led to autism in Hannah Poling, now nine years old, of Georgia. Specifically, the DVIC held that:

‘[T]he facts of this case meet the statutory criteria for demonstrating that the vaccinations [the] child received… significantly aggravated an underlying mitochondrial disorder, which predisposed her to deficits in cellular energy metabolism, and manifested as a regressive encephalopathy with features of autism spectrum disorder.’

Subsequent to the report leak, the Health Resources and Services Administration (HRSA) released a statement on March 3, 2008 stating that it “has maintained and continues to maintain the position that vaccines do not cause autism, and has never concluded in any case that autism was caused by vaccination.”

Hannah Poling’s claim has moved to the phase in which the amount of compensation is to be determined.

Ms. Marcus states the DVIC Report identified five vaccines- DTaP, Hib, MMR, Varivax, and IPV- as casual factors in the cascade of illnesses ultimately resulting in Hannah Poling’s autism spectrum disorder.

For more information regarding this case please see CNN and Autism Vox.

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dumped

If they are unfavorable, they probably won’t get a date with publication.  At least that’s what a study published in the New England Journal of Medicine states.

Apparently, selective publication has become a significant problem.  A team of researchers from the Oregon Health & Science University has discovered nearly a third of antidepressant drug studies are never published in medical literature and nearly all happen to show that the drug in question failed to work.

The research team also states that in some of the published studies, unfavorable results are recast to make the medicine appear more effective than it really is.

(more…)

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martha stewart

Pennsylvania parents, Sandra and Raymond Dombroski, have filed a lawsuit on behalf of their two children, Michael and Matthew, alleging they were poisoned by lead in Martha Stewart’s dinnerware.

The Dombroksi’s are suing Martha Stewart Living and K-Mart, where the dinnerware was sold. The “Everyday Flowers and Buds Border” dinnerware allegedly contains lead, which the Dombroski’s state is responsible for poisoning their children.

The suits states that the boys suffer mental, emotional, and cognitive impairment, learning disabilities, speech problems and physical impairments as well as a host of other problems. The Dombroski’s state that the presence of lead is a result of the negligent, reckless, intentional and outrageous conduct of Martha Stewart Living.

They are suing for compensatory and punitive damages.

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whole foods market

It all started with a few Yahoo! postings by John Mackey, Whole Foods CEO. Specifically, the Federal Trade Commission states that Mackey posted more than 1,100 messages over an eight year period on Yahoo! Finance stock forums under a false identity. The messages trashed competetor Wild Oats. Mackey opined that no one would buy Wild Oats at $8 a share. Funny though, because 18 months later Whole Foods was doing just that. The takeover announcement came when Wild Oats stock was valued at $18.50 a share.

Enter the FTC’s antitrust lawsuit which blocked the $565M deal from closing. Then enter Whole Foods’ own internal investigation and quite a few stockholder apologies. (more…)

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Cheesburger Bill Burned

As a follow up to yesterday’s post on McDonald’s, I thought everyone would be interested to know that Pelman ex rel. Pelman v. McDonald’s Corp. (the lawsuit involving the two children) is still alive after surviving several rounds of dismissal. On September 17, 2006 McDonald’s motion to strike and dismiss the amended complaint in its entirety was denied. Litigation is still pending.

This comes almost one year after the Cheeseburger Bill faltered. The Cheeseburger Bill, other wise known as H.R. 554 [109th]: Personal Responsibility in Food Consumption Act of 2005, was designed to prevent legislative and regulatory functions from being usurped by civil liability actions brought or continued against food manufacturers, marketers, distributors, advertisers, sellers, and trade associations for claims of injury relating to a person’s weight gain, obesity, or any health condition associated with weight gain or obesity. This Bill passed in the House but never became law (at the end of each session of Congress all proposed bills and resolutions that haven’t passed are cleared from the books). (more…)

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McDonald’s Fries
From burned trousers to plus size trousers, we have seen an array of food based litigation concerning the fast food industry.

The landmark case in food based litigation against McDonald’s occurred in 1994 when Stella Liebecks suffered 3rd degree burns and a seven day hospital stay after being burned with the fast food chain’s coffee. Attorneys for McDonald’s refused any settlement offers and then the jury found them liable for 2.7M in punitive damages alone. On appeal, the judge reduced the amount of punitives to 480k.

Fast forward to 2002 when Caesar Barber filed a class action law suit in New York against McDonald’s, Wendy’s, Burger King, and Kentucky Fried Chicken- the first of its kind. He claimed eating regularly at the restaurants made him obese. He also asserted that the failure of these establishments to warn him of health risks associated with regular consumption caused him to suffer 2 heart attacks and diabetes. His attorney, Samuel Hirsch, discontinued the litigation in 2003 because he thought he had a much better chance at a suit involving children.

Those children were Jazlyn Bradley and Ashley Pelman. At 19 years old, Jazlyn weighed 270 pounds at 5-foot-7. Ashley, at only 14 years of age weighed 170 pounds at 4-foot-10. (more…)

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