July 2, 2009

Class Action...Fired Employees Entitled to Vacation Pay?

In June, over 467,000 jobs were cut by employers, driving the unemployment rate up to a 26-year high of 9.5 percent. From General Motors to Microsoft to General Electric, most if not all business sectors are struggling to handle the lingering economic downturn. But along with the terminations come questions related to earned income, specifically issues of accrued vacation time. Courts throughout the country are examining corporate policies and contracts to determine whether fired employees are receiving all of the compensation they deserve.

The Supreme Judicial Court of the Commonwealth of Massachusetts ruled earlier this month that fired workers are entitled, under state wage law, to compensation for unused vacation time. The decision comes after Attorney General Martha Coakley challenged the decision of Electronic Data Systems ("EDS") to deny a terminated employee owed vacation time.

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June 24, 2009

“Greenwashing”: The New False Advertising

In a marketplace increasingly populated by environmentally conscious consumers, companies have been adapting by offering “greener” products. Unfortunately, many companies are misrepresenting or exaggerating the eco-friendly nature of their wares, a form of false advertising that has become known as “greenwashing.”

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June 22, 2009

Veteran’s Affair Medical Center in Philadelphia --- Failed Prostate Procedures

The NYTIMES reported over the weekend, that a Veteran’s Affair Medical Center, located in Philadelphia, PA, had a “rogue cancer unit … that operated with virtually no outside scrutiny and botched 92 of 116 cancer treatments over a span of more than six years — and then kept quiet about it.”

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June 17, 2009

Norian Corp. and Synthes, Inc. --- Indicted for Illegal Testing of Bone Cement without FDA Approval Resulting in Patient Deaths

The U.S. Attorneys Office in Philadelphia has filed charges against various executives of Synthes, Inc., a subsidiary of Norian Corp., for “illegally tested bone cement during spinal surgery on about 200 patients, three of whom died on the operating table.”

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June 15, 2009

Heartburn Drugs Linked to Pneumonia in Hospital Patients

A new study from the May 27 issue of the Journal of the American Medical Association (JAMA) entitled "Acid-Suppressive Medication Use and the Risk for Hospital-Acquired Pneumonia" has found that hospital patients who are given certain heartburn drugs like Prilosec, Nexium, and Prevacid are at higher risk for pneumonia than those who are not given these medications. In fact, the study determined that there was a 30% increased risk for pneumonia among hospital patients taking these types of medications, called proton-pump inhibitors (PPIs).

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June 13, 2009

Nurses Entitled to Overtime Pay

Various lawsuits have been filed, from New York to Texas to California, claiming that hospitals and nurse-staffing agencies are violating the overtime policies of the Fair Labor Standards Act (FLSA). The claims of the nurses include not only failure to pay overtime for all hours worked over forty in one week or eighty hours in two weeks, depending on how the pay period is calculated, but also claims of improper time deductions for breaks and meals that were not actually taken by the nurses.

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June 7, 2009

Wells Fargo Predatory Subprime Mortgage Lending Class Action – African American Homeowners

In a recent federal lawsuit filed by the City of Baltimore, there are new allegations that the financial institution Wells Fargo, “systematically singled out blacks in Baltimore and suburban Maryland for high-interest subprime mortgages.”

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June 5, 2009

FDA Warns of Hepatoxicity with Propylthiouracil

This week, the Food and Drug Administration (FDA) notified doctors and other healthcare professionals about the risk of serious liver injuries, including liver failure and death, related to use of the antithyroid drug Propylthiouracil. Propylthiouracil is considered a second-line drug to Methimazole in the treatment of hyperthyroidism and Graves' Disease. Methimazole only had five reports of serious liver injuries associated with it compared to the thirty-two (32) reported cases associated with Propylthiouracil. Thirteen of those thirty-two cases resulted in death.

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June 1, 2009

Pennsylvania Mobile Home Park Rights Act: Homeowner Lawsuits?

Two Pennsylvania State Legislators have recently introduced new legislation to “to help protect owners of manufactured housing, or mobile homes, from unreasonable and unexpected ground rent fees.”

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May 30, 2009

Another Digoxin Product Recall

Earlier this month, the Food and Drug Administration and AS Medications Solutions LLC (a repackaging company) announced a nationwide recall of all lots of Caraco brand digoxin distributed prior to March 31, 2009. There is uncertainy over the actual amount of the active ingredient present in each pill, with some tablets containing more or less than the intended .25mg. Digoxin is a drug used in the treatment of heart failure, atrial fibrillation, and abnormal heart rhythms. Accordingly, any unintended dosage can have serious consequences. An overdose of digixin can cause nausea, vomiting, dizziness, low blood pressure, cardiac instability, slow heart rate, and even death in extreme cases. Meanwhile, a patient getting a lower dose than expected is at risk for heart failure or abnormal heart rhythms.

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May 26, 2009

Pet Flea Treatment Class Action --- Risk of Chemical Burns, Seizure, and Central Nervous System Side Effects

The Wall Street Journal today is reporting new data compiled by the U.S. Environmental Protection Agency (EPA), concerning a significant increase in the number of “incidents stemming from so-called spot-on flea and tick treatments.” According to the latest statistics, the number of adverse incidents involving pets and the use of such treatments “increased 53% to 44,263 in 2008 from the previous year.” Thus, the EPA is “intensifying an evaluation of spot-on products.”

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May 23, 2009

Preemption: A New Day

Three days ago, on May 20, 2009, President Barack Obama, through the White House Office of the Press Secretary, released a “Memorandum for the Heads of Executive Departments and Agencies” regarding preemption. White House Preemption Memo (May 20, 2009)

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