Manufacturers must play a role in ensuring their products are safe and that when their products fail, they must be held accountable. Patients of faulty medical devices should not have to suffer when manufacturers rush-to-market a product, putting profits over patients’ safety.

Currently, makers of medical devices have complete immunity for their devices because of a 2008 Supreme Court ruling in Riegel v. Medtronic. The High Court ruled that because the FDA had approved the medical devices, the manufacturer cannot be held accountable if the device is defective, even in cases when the device has been recalled. As we all know, in March 2009, the Court ruled in Wyeth v. Levine that manufacturers bear the responsibility for the safety of prescription drugs and do not have immunity.

The Medical Device Safety Act has been introduced in Congress to restore the rights of injured consumers to hold negligent medical device manufacturers accountable for the safety of their products in state tort actions. The legislation, introduced by Rep. Frank Pallone (D-NJ) and House Energy and Commerce Committee Chairman Henry Waxman (D-CA), has over 90 co-sponsors in the U.S. House.

The FDA’s oversight of medical devices has been called into question by the GAO, members of Congress, and even the FDA’s own doctors and scientists. They sent a letter to President Obama in April outlining numerous instances where “wrongdoing and cover-up is nothing new but is part of a longstanding pattern of behavior.” The scientists call on manufacturers to revisit medical devices that were not made in accordance with the laws, rules and regulations that govern the process. The legislation needed to protect consumers must be passed. Please contact your U.S. Senators and House members and urge them to push this act and help make it law.

Source: AAJ

Site: Jere Beasley Report

One important part of the president’s plan is the creation of a new consumer watchdog office that would protect people’s interests. Ordinary Americans who rely on credit cards, home loans and other financial instruments must be protected. The new Consumer Financial Protection Agency would specifically take over oversight of mortgages, requiring that lenders give customers the option of “plain vanilla” plans with straightforward and affordable terms, among other changes.

The new agency would have the power to set tough new rules so that companies compete by offering innovative products that consumers actually want and actually understand. President Obama’s changes would begin to reverse the easing on federal regulations that actually came about starting in the 1980s. Democratic leaders in Congress are promising legislation will get passed this year, but that depends in part on how key questions are addressed on Capitol Hill, including the role of the Federal Reserve. Hopefully, the president’s proposal will pass without significant change.

Source: Associated Press

Site: Jere Beasley Report

Among the lawmakers who praised Claybrook’s efforts were House Speaker Nancy Pelosi, Representatives Henry Waxman and Ed Markey, and Senators John McCain and Russ Feingold. Actor and longtime environmental advocate Robert Redford also spoke highly of Joan and her distinguished career. He called her one of his mentors. At the event, Joan told dinner guests that Public Citizen was successful because of its determination. She described its efforts like this:

One of our operating principles is that we fight back when we’re attacked, and we try to have fun doing it. If you don’t have some fun, it’s hard. So we’re scrappy, and agile and bold and creative and determined and principled and relentless.

Joan has seen both sides of policy-making, revolving through government roles and consumer advocacy. After working at the Social Security Administration, she turned toward Capitol Hill as a Congressional fellow. Joan then joined the agency that would later become the National Highway Traffic Safety Administration.

In 1971, Ralph Nader created Public Citizen. A few years later, Joan was the founding director of the organization’s Congress Watch division, a Congressional lobbying group. But Joan didn’t stay out of the government very long. She was selected in 1977 by President Jimmy Carter to head NHTSA. In this position, she oversaw the introduction of the original automobile fuel economy standards. Interestingly, automakers referred to her as the “dragon lady,” which I consider a compliment considering the source. Joan rejoined Public Citizen as president in 1982. I am proud to call this courageous woman my friend and I wish her the very best in all of her future endeavors.

Source: Associated Press

Site: Jere Beasley Report

The Defendants held themselves out to the Arkansas Department of Human Services (DHS) and to the public at large as being properly staffed, supervised and equipped to meet patient needs with a skilled nursing, rehabilitative and medical support staff. This was done in an effort to have government-funded patients placed at the nursing facility. But the Defendants actually hired and retained unqualified and untrained nursing staff and the facility was grossly understaffed. As a result, the facility was unable to provide even the minimum standard of care to the weak and vulnerable residents. Frank Mayweathers developed severe bedsores from the neglect during his stay at the facility and he suffered emotional and physical trauma as his health deteriorated before his death.

It is absolutely shameful that a facility having the responsibility to care for the most vulnerable folks would put profits first and knowingly place their patients’ health and safety in jeopardy. Mr. Mayweathers endured pain, distress and humiliation as he was neglected and virtually ignored while at the facility. The Complaint alleges both negligence and violations of the Arkansas Long Term Care Residents’ Rights Statute. J.P. Sawyer from our firm and Robert Sexton from the firm of Rainwater, Holt & Sexton, P.A., located in Little Rock, will handle this case.

Site: Jere Beasley Report

Charles Mims was driving the Geo Tracker down a county road in Chilton County, Alabama, on April 9, 2008, when the vehicle became unstable and rolled over. He was ejected from the vehicle and died from the injuries sustained in the accident. The Geo Tracker is defective and unreasonably dangerous in its design, manufacture, and sale, and also in the warnings that accompanied the vehicle. We will prove that the Geo Tracker is unstable and prone to roll over. In this incident the vehicle’s restraint system failed to restrain the occupant. The lawsuit sets out four counts contributing to the wrongful death of Mr. Mims, including negligence in the design, manufacturing, warnings, and inspection, and failure to recall the Geo Tracker when problems with the model became apparent after it entered the market. We will seek jury-determined compensatory and punitive damages on behalf of Mr. Mims’ family. Cole Portis from our firm and Rob Riley of the Birmingham firm of Riley & Jackson will handle this case for the family.

Site: Jere Beasley Report

In the suit, shareholders of Birmingham-based HealthSouth were seeking $2.6 billion plus interest from Scrushy, saying he fabricated profits to boost the stock price and trigger bonuses for himself. The trial was before the judge without a jury. The shareholders sued on behalf of the company, with all proceeds less legal fees to be paid to the corporation.

During the trial, Scrushy denied under oath that he knew anything about the fraud. He tried to prove that he was flim-flammed by devious subordinate executives who carried out the fraud behind his back. Five former chief financial officers pleaded guilty in 2003 and 2004 to federal criminal charges related to the $2.6 billion fraud that ran from 1996 through 2002. All of them said Scrushy was in on the fraud, and that thousands of small but fictitious entries were made to HealthSouth’s financial records to artificially boost profit.

Source: Birmingham News

Site: Jere Beasley Report

Source: Associated Press

Site: Jere Beasley Report

Travelers settled with several groups of plaintiffs with the caveat that federal courts make clear the company wouldn’t have to face any new lawsuits of a similar nature. The U.S Court of Appeals for the Second Circuit in New York overturned lower-court approval of the settlement, saying a bankruptcy judge lacks the authority to act so broadly. The U.S. Supreme Court overturned that decision.

Source: AL.com

Site: Jere Beasley Report

The $50 million verdict stems from a business fraud lawsuit filed against A.T. Massey by Harman Development Corp., a privately-held mining company based in Beckley, West Virginia. Don Blankenship, the A.T. Massey executive, contributed more than $3 million to Benjamin for his 2004 campaign for the state High Court, which represented more than half of the campaign funds for Benjamin’s political campaign. The Supreme Court’s decision reversed the West Virginia court ruling for Massey and sent the case back for further proceedings. Hopefully, this decision will force some meaningful reform in how we elect state court judges.

Source: Associated Press

Site: Jere Beasley Report

• The Justices ruled that judges must step aside from cases when large campaign contributions from interested parties create the appearance of bias. The High Court on a 5-4 vote sent back to the West Virginia Supreme Court a case where a judge remained involved in a lawsuit filed against the company of the most generous supporter of his election.

• The Court ruled that the current government in Iraq cannot be held responsible for the actions of Saddam Hussein’s regime. The High Court unanimously rejected lawsuits from Americans who were held in Iraq during the Gulf War. The Court said a federal law enacted in 2003 gave Iraq back the immunity that was stripped because of the Hussein government’s designation as a sponsor of terrorism.

• The Court turned down a challenge to the Pentagon policy forbidding gays and lesbians from serving openly in the military. The Court refused to hear an appeal from former Army Capt. James Pietrangelo II, who was dismissed under the military’s policy. He had asked the High Court to rule that the policy is unconstitutional.

• The Justices agreed to find a way to determine where a company’s principle place of business is located. Hertz Corp. wanted a lawsuit alleging wage and hour violations moved from California courts to federal court because that state is not its principle place of business. A federal court said a plurality of Hertz’s business occurs in California, even though its headquarters is in Delaware, and sent the case back to state court. Hertz said different courts have used different criteria, including headquarters location, center of corporate activities and places of operation.

• The Court refused to hear an appeal from two former top executives of Tyco International that challenges their convictions for fraud and larceny involving more than $100 million in bonuses. Tyco’s former CEO L. Dennis Kozlowski and former CFO Mark Swartz will serve prison terms of eight and 1/3 years to 25 years for taking unauthorized pay.

• The Court refused to hear a Marine’s lawsuit blaming the government’s dumping of toxic chemicals at Camp Lejeune in North Carolina for his son’s illnesses. The Marine argued that the dumping of trichloroethylene, an ingredient in cleaning solvents, into the ground in the 1970s polluted the water and made his son ill.

• In an interesting decision, the Court told a military court it can re-examine the guilty plea for a Nigerian-born serviceman who faces deportation. Jacob Denedo says he pleaded guilty to larceny because his lawyer told him he would not be deported. He found out that his lawyer had an alcohol problem after deportation proceedings had started. The military court said it could not look at the case again because Denedo is no longer in the Navy.

• The Court won’t stop Pennsylvania officials from prosecuting a man whose computer was found to contain child pornography while it was at Circuit City being upgraded. Kenneth Sodomsky wanted the videos found on his computer suppressed. He had taken it into the store to get a DVD burner installed. A worker found questionable files and called police, who found child pornography.

• The Justices turned down an appeal from Indian tribes who wanted to block expansion of a ski resort on a mountain they consider sacred. A half-dozen Western tribes wanted to block the expansion of the Arizona Snowbowl ski area north of Flagstaff because the resort plans to use treated wastewater to make artificial snow on the mountain.

Source: Associated Press

Site: Jere Beasley Report