Yaz plaintiff loses bid to unseal documents for FDA (access required)
SILA 2 EP 86 youtube
Published: November 23, 2011
Tags: class action, Discovery, Food and Drug Administration, multidistrict litigation, Yasmin, Yaz
The Food and Drug Administration will not be given access to documents relating to the safety of drospirenone-containing oral contraceptives that pharmaceutical company Bayer has kept confidential in the Yaz and Yasmin multidistrict product liability litigation.
Medicare has right of full recovery from tort settlement (access required)
Published: November 23, 2011
Tags: Medicare, Medicare Secondary Payer Act
Medicare was entitled to full reimbursement of medical benefits paid on behalf of a personal injury plaintiff – even though he claimed that his tort settlement only covered a small portion of his damages, the 6th Circuit has ruled in affirming judgment.
Family wins $7 million in semitrailer crash (access required)
By: Kelly Wiese
Published: November 23, 2011
Tags: negligent entrustment, negligent hiring, respondeat superior
A Missouri family has won a $7 million verdict from a federal jury over a tractor-trailer crash that killed a man.
Mo. asbestos case settles for $10 million (access required)
Published: November 22, 2011
Tags: asbestos, mesothelioma
A wrongful death claim over asbestos in the Jackson County Circuit Courthouse has ended in a $10 million settlement.
New York jury awards plaintiff $1.5M in PI case (access required)
Published: November 22, 2011
Tags: expert witness
Late last month a New York jury awarded plaintiff Walter J. Nary $1,571,000 as a result of a 2009 accident. Nary was struck from behind while at a stop light and was subsequently diagnosed with acute lumbar spine injuries.
ERISA plan’s reimbursement rights limited (access required)
Published: November 21, 2011
Tags: ERISA, unjust enrichment
An ERISA plan’s right to obtain reimbursement from an insured’s personal injury settlement is subject to the equitable defense of unjust enrichment, the 3rd Circuit has ruled in reversing a $66,900 judgment.
Federal employee can’t deduct litigation costs (access required)
Published: November 21, 2011
Tags: Federal Employee Compensation Act, workers' compensation
A federal employee who obtained a personal injury settlement could not deduct his litigation costs from the refund of benefits required under the Federal Employee Compensation Act, the 9th Circuit has ruled in affirming judgment.
