Drug Injury Lawyer Blog

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

Thu, 02 Jul 2009 17:51:20 -0500

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.

“Greenwashing”: The New False Advertising

Wed, 24 Jun 2009 22:31:12 -0500

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.”

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

Mon, 22 Jun 2009 10:10:30 -0500

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.”

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

Wed, 17 Jun 2009 09:48:15 -0500

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.”

Heartburn Drugs Linked to Pneumonia in Hospital Patients

Mon, 15 Jun 2009 21:34:36 -0500

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).

Nurses Entitled to Overtime Pay

Sat, 13 Jun 2009 18:33:19 -0500

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.

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

Sun, 07 Jun 2009 19:15:18 -0500

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.”

FDA Warns of Hepatoxicity with Propylthiouracil

Fri, 05 Jun 2009 17:07:24 -0500

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.

Pennsylvania Mobile Home Park Rights Act: Homeowner Lawsuits?

Mon, 01 Jun 2009 11:23:01 -0500

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.”

Another Digoxin Product Recall

Sat, 30 May 2009 15:49:26 -0500

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.

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

Tue, 26 May 2009 14:13:52 -0500

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.”

Preemption: A New Day

Sat, 23 May 2009 14:26:45 -0500

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)

NY Attorney General Sues Two Debt Settlement Companies

Wed, 20 May 2009 12:51:38 -0500

We have all seen the commercials on television and heard the ads on the radio promising to consolidate your debt and/or settle it with your debtors for less than you owe. For many people dealing with unmanageable and ever-increasing bills, these companies seem to offer the hope of being debt-free someday soon. However, especially during these difficult economic times with high unemployment rates, these companies are simply preying on vulnerable consumers.

Chinese Drywall: A Serious Headache for Homeowners

Mon, 18 May 2009 16:55:58 -0500

As we reported here in February, Chinese drywall is becoming a significant health concern in addition to costing homeowners thousands to replace it. Current estimates are that between 350,000 to 500,000 US homes contain toxic Chinese drywall throughout the Gulf States, specifically Florida, Texas, Louisiana, Mississippi, Alabama, and others. Exposure to toxic Chinese drywall is potentially lethal. The gases emitted by toxic Chinese drywall are not only strong enough to corrode various metals, they have also led to severe upper respiratory issues including nose bleeds, headaches, rashes, with the potential of cancer or other long term serious health affects.

Facebook and the IQ Test Scams

Sun, 17 May 2009 10:49:23 -0500

Several months ago, we blogged about the auto-renewing text-message subscription scams being run by companies like National Telephone Advisory (NTA). See Dec. 12, 2008 Blog, Dec. 3, 2008 Blog. Unsuspecting consumers have been trapped into taking seemingly harmless IQ quizzes, like the one that NTA operates on http://www.myiqquiz.com, only to have an automatically renewing $9.95 monthly charge billed to them by their cellular service carrier.