McKenney v. Purepac Pharmaceutical Company, (5th District, September 25, 2008) 83 Cal.Rptr.3d 810, 08 Cal. Daily Op. Serv. 12, 747
A woman who alleged she suffered injuries as a result of using the prescription generic drug metoclopramide filed an action against the manufacturer. The plaintiff alleged that there were false and/or misleading statements in the labeling of the drug which downplayed the risk of tardive dyskinesia, which the plaintiff had contracted while taking the drug.
The trial court sustained the manufacturer’s demurrer to the complaint, finding that because a generic manufacturer of a drug must obtain approval by the FDA before issuing any label which deviates from the labeling previously approved by the FDA, all of the plaintiff’s claims were pre-empted by federal law. However, the court of appeal reversed, holding that the federal requirement that a generic drug have the same labeling as a reference drug does not necessarily pre-empt a state tort action against a generic manufacturer for failure to adequately warn of the dangers of the drug:
Source: www.productsliabilityinjurylawyer.com
Philadelphia Law Department Urged to Sue CVS for Selling Expired Products
The website philly.com reported in an account on March, 25 2009 that Philadelphia community groups and city council members urged the city’s law department to sue the drugstore chain CVS for continually selling expired products and exposing the public to unsafe drugs in Pennsylvania.
Shelley Smith, city solicitor, was called upon during the City Hall Press conference to follow California and New York legal action suits taken against CVS. CVS was sued in December by New York State for the sale of expired products. Edmund Brown, California’s Attorney General, requested in June 2008 that the pharmacy remedy its problem after coming across 26 Southern California stores. Currently, California is pursuing suing CVS.
Lance Haver, Philadelphia Community Affairs Director, said, “CVS should spend the money it needs to clear the shelves of expired products that are putting our children at risk.”
Maria Quinones Sanchez, Councilwoman, said, “CVS has been caught selling expired products in our City and around the country. It is outrageous that we are here today calling on a corporate citizen to remove dangerous products from the shelves.”
Expired products found at 15 CVS stores in Philadelphia ranged from infant formula, to over-the-counter medications, and dairy products. Tablets to treat allergies were over a year old and baby’s gas relief medicine was nearly two years expired.
Bill Greenlee, Councilman, stated that legal action was required to protect the community from dangerous items sold at CVS drugstores.
Consumer class action lawsuits in Philadelphia are among the most effective tools consumers have at protecting their power over the marketplace. When a large corporation does something that adversely affects a large group of people, a class action lawsuit enables all of the affected people to act with one voice.
Anapol Schwartz represents consumers, small businesses, and injured people in class action lawsuits throughout the country, seeking money damages and other relief in the federal and state court systems.
If you or someone you know been wronged or harmed due to a company’s negligence contact Anapol Schwartz. They have helped their clients for over years and they know the law and court system to get you the compensation you deserve. Please call the experienced Philadelphia personal injury attorneys at 1-866-735-2792 for a free consultation.
Source: www.pennsylvania-injury-lawyer-blog.com
CONSTRUCTION ACCIDENTS: INDEPENDENT CONTRACTORS
Tverberg v. Fillner Construction, Inc. (2008) 168 Cal. App. 4th 1278, 2008 WL 5102860
A man who was injured when he fell into a hole while installing a canopy at a construction site filed an action against the general contractor alleging causes of action and premises liability. The defendant moved for summary judgment based upon Privette v. Superior Court (1993) 5 Cal.4th 689, contending that it owed no duty of care to the plaintiff. In opposition to the motion, the plaintiff argued that he was not an employee of the subcontractor which had hired him, but rather, an independent contractor, and therefore Privette did not apply.
Even though both sides agreed that the plaintiff had been hired as an independent contractor, the trial court granted summary judgment. However, the court of appeal reversed, disagreeing with a contrary decision in Michael v. Denbeste Transportation, Inc. (2006) 137 Cal.App.4th 1082, 1093-1096:
Source: www.productsliabilityinjurylawyer.com
INVASION OF PRIVACY: SOCIAL NETWORKING WEBSITES
Moreno v. Hanford Sentinel, Inc., (5th District, April 2, 2009) --- Cal.Rptr.3d ----, 2009 WL 866795
A woman who posted an article on myspace.com, a social networking website, expressing negative comments about her hometown and its inhabitants, filed suit against a local high school principal and his employer for invasion of privacy and intentional infliction of emotional distress based upon a republication of the article. The plaintiff alleged that even though she had removed the article from the website, the high school principal had forwarded it along with her name to a local newspaper, whereupon it was republished in a letters to the editor section. The plaintiff further alleged that the community reacted violently to the publication, that she and her family had received death threats, and that a shot was fired at the family home.
The trial court sustained the defendant’s demurrer without leave to amend, but the court of appeal affirmed in part and reversed in part. In a non-published portion of the opinion the court held that the trial court should have overruled the demurrer to the intentional infliction of emotional distress cause of action, and permit a jury to determine whether the alleged conduct was outrageous. However, in the published portion of the opinion, the court held that the plaintiff did not state a cause of action for invasion of privacy:
Source: www.productsliabilityinjurylawyer.com
Wrongful Death Results from House Explosion
The website boston.com reported on February 21, 2009 that a scary scenario in Massachusetts may be an early indicator of what is yet to come, as a third home in many months exploded causing the death of a woman and her dog. Adding to this unusually tragic wrongful death accident; the New England Gas Co. had told firefighters who were in the area checking for high levels of gas that there was no need for them and that the gas company had everything under control.
Fire Chief Scott Jepson said, “Basically, they said there's nothing much further for you right now . . . as far as fire services."
Apparently the gas crew did not turn off the gas to the area, and within 20 minutes of them getting there, a home exploded. Rose Marie Rebello, 62 was found dead after the huge explosion along with her dog. Debris went flying and injured a worker from the gas company and a firefighter. Authorities also ordered 200 neighbors to evacuate. Last month a man was severely hurt in a house explosion and in December another man died.
Questions about the safety of the states 20, 000 miles of pipelines are now on everyone’s mind. A large amount of those pipes are many decades old, and could pose a threat to public safety.
Stephon Connors, Director of Analysis at the MIT Energy Initiative, said, “I would say these explosions are early warning flags, if nothing else. There's a body of evidence that our infrastructure is reaching old age and it needs the equivalent of a knee and hip replacement. This is not a new issue. We want to keep water, gas, and electricity rates down, but we don't want to keep them down so much that it endangers public safety."
Spokeswoman for the American Gas Association Laura Sheehan, a spokeswoman for the American Gas Association, said "I don't think you can say these explosions are indicative of the degradation of the pipelines throughout the country. There's no reason for panic."
Accidents that result in serious personal injuries or even death due to someone’s negligence are an inexcusable but sad reality. Wrongful death is a heartbreaking event. There is never a chance to say goodbye to the one’s you’ve lost. The personal injury attorneys in Philadelphia at Anapol Schwartz they know it’s hard to come to grips and file a wrongful death lawsuit. Statutes of limitations apply and you don’t want to lose whatever rights you have in filing a wrongful death lawsuit. You have two years to file a wrongful death lawsuit in New Jersey and Pennsylvania. Don’t wait until the last minute, let them help. Please call 1-866-735-2792 for a free consultation.
Source: www.pennsylvania-injury-lawyer-blog.com
Minor Lifeguards and the FLSA
Summer isn’t yet in full swing, but it is already hot here in Atlanta. One of the great summer jobs is lifeguarding, but it is employment that brings with it potential hazards, especially for people under the age of 18.
Lifeguards who are minors have their own classification under the Youth Employment provisions of the Fair Labor Standards Act.
The Department of Labor defines the duties of a lifeguard as rescuing swimmers in danger of drowning, monitoring activities at a swimming pool to prevent accidents, teaching water safety, and providing assistance to patrons. Lifeguards may also help to maintain order and cleanliness in the pool and pool areas, give swimming instructions, conduct or officiate at swimming meets, and administer first aid. Other ancillary duties may include checking towels in and out, and perhaps working with food.
Here are some highlights of restrictions on minors working in pool areas or water parks:
Source: www.overtimelawyerblog.com
Overtime Pay for Information Technology Workers
Information technology workers are notoriously overworked. They put in long hours, field endless emergency calls in and out of regular hours, get no credit when things go well and take the blame when anything goes wrong. Moderns cities like Atlanta have more than their share of IT workers.
But because of an often- misunderstood FLSA computer worker exemption form overtime pay, IT workers are often shut out of overtime that they are actually entitled to. This exemption has become the subject of discussion boards among the computer literate, and IT workers have been suing their companies, and winning, for denied overtime.
Employers often misinterpret a very narrow FLSA overtime exemption that applies to some computer workers, specifically exempting from overtime pay employees who are involved in the application of systems analysis techniques, or who develop or design software or operating systems, or perform related functions.
Source: www.overtimelawyerblog.com
Hydroxycut Weight Loss Drug Recall
The popular weight loss supplement Hydroxycut has taken off the market by the Food and Drug Administration to protect consumers. After 25 reports of liver damage and severe liver injury, what does this recall mean for the millions of people who have bought and used Hydroxycut products? To start with, if you haven’t already stopped taking Hydroxycut products, it is advised that you do so right away.
Due to Hydroxycut use, there has been one reported death caused by severe liver damage and 23 patients have required liver transplant surgery. It has not been revealed to the public which ingredients in Hydroxycut damage the liver. Symptoms of Hydroxycut liver damage include jaundice, weakness, brown urine, fatigue, nausea and vomiting, abdominal pain loss of appetite, and/or itching. Hydroxycut products have also been linked to a rare muscle/kidney conditions, adverse cardiovascular events and seizure.
Hydroxycut over-the-counter drugs have been purchased by over $7 million people for weight-loss, energy-enhancement, low-carb dieting, and fat-burning applications. Considering the prominent use of Hydroxycut nationwide, these numbers pose questions of how many cases of liver damage and liver injury have gone unreported and what will the future hold for any new cases?
Liver damage can be irreversible, which is why it is crucial to seek medical attention for your injuries if you have experienced any symptoms of liver failure or liver damage after using Hydroxycut products. You may also want to keep track of all your symptoms and any information regarding their characteristics and onset.
You are not alone if you find yourself asking, “Do I have a Hydroxycut case?” News of the recent FDA recall has provoked concern for consumers’ rights and you may have a potential Hydroxycut lawsuit, but time to file could be limited. The experienced personal injury attorneys in Pennsylvania at Anapol Schwartz are equipped with the resources, skills, and knowledge required for your Hydroxycut lawsuit. Recover the compensation you deserve. Call our Pennsylvania Hydroxycut lawyers today at 866-735-2792 for a free and confidential consultation.
Source: www.pennsylvania-injury-lawyer-blog.com
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