Comment on the Pennsylvania bill capping punitive damages in cases against nursing homes

A few minutes ago I posted that last month the Pennsylvania house of representatives approved a bill to cap punitive damages in lawsuits against nursing homes.  Litigation and Trial has a critical comment on the bill here.

Tort Reform Bills Advance in Arizona, Minnesota and Pennsylvania

The TortsProf blog is reporting that a bill that would exempt manufacturers from claims for punitive damages if they followed all federal, state, or agency standard for creating a product was recently approved by a committee and will now move to the full Senate.  The Arizona Republic has the story.

Meanwhile, in Minnesota, the House passed a measure to reduce the statute of limitations from six years after the incident to four years.  That's one tort reform measure I don't have a problem with.  The Minneapolis Star Tribune has the story.

Finally, the Pennsylvania house of representatives approved a bill last month to amend the Medical Care Availability and Reduction of Error (MCARE) Act to cap punitive damages in lawsuits against personal care homes, assisted living communities, long-term care nursing facilities, home care agencies, home health care agencies and hospices at 200 percent of the compensatory damages awarded in such lawsuits. The bill is still pending in the state Senate.  Go here for more on that story.

Claims vs Pfizer for birth control products?

A nationwide Pfizer birth-control pills recall, announced Feb. 1, could lead to lawsuits for unwanted pregnancies, Injured (a FindLaw blog), says.  Pfizer recalled about 1 million packets of birth-control pills because the recalled products did not contain enough contraceptive to be effective which could result in unwanted pregnancies.  And the injuries suffered because of those unwanted pregnancies could lead to lawsuits and millions of dollars in damages.  Go here for the full story.

Arkansas Supreme Court rejects Legislature's effort to limit who can testify as an expert in a medical malpractice cases

The Arkansas Supreme Court has rejected an effort by the Arkansas Legislature to define who is permitted to testify as an expert witness in a medical malpractice case.  Go here for more on the story.

Government faces uphill batte in the case about the new cigarette warning labels

In the most recent news regarding the ongoing battle over the government's attempt to impose the use of new labels for tobacco products, the Blog of the Legal Times is reporting that the Justice Department seems to be facing "an uphill fight" to convince the judge to uphold the rules that would require tobacco companies to include graphic warning labels on cigarette packages and in advertisements.  Among other things, apparently the judge has expressed dismay that Congress did not assess how the labeling rules could impinge on First Amendment rights.  For more on the story go here.

Lawsuit filed for damages related to the Concordia Cruise ship accident

Yesterday, I posted a link to a podcast on the possible liability of the Costa Cruise line for the recent cruise ship accident in which the Costa Concordia ship ran aground and capsized off the coast of Italy (here).  Today, there is news that a class action lawsuit has been filed against Costa Cruise line and its parent company, Carnival Cruise lines, on behalf of passengers who were on the Costa Concordia.  At least six passengers have filed lawsuits against the companies in Miami, but a clause in the tickets bought by the 4,200 passengers stipulates that any such lawsuits must be filed in the venue of the cruise line company’s choice. In this case, Italy.  For more information go here.

Former inmate who was left in solitary confinement wins $22 million; Another gets $25 for wrongful conviction

A New Mexico man held in solitary confinement in a county prison for nearly two years without ever being prosecuted has won a $22 million jury award for violation of his constitutional rights.  Go here for the story.

Meanwhile, an Illinois man who spent 16 years in prison for a crime he did not commit was awarded $25 million.   Go here for more on that story.

New complaint filed on behalf of 72 plaintiffs alleging damages caused by Plavix

Seventy-two plaintiffs from across the country have filed a product liability lawsuit against Bristol-Myers Squibb and Sanofi Aventis, alleging that the manufacturers of the popular blood thinner Plavix lied about the drug’s safety and effectiveness.  According to allegations raised in the complaint, Plavix side effects caused the plaintiffs to suffer injuries, economic losses and medical costs because the companies provided inadequate warnings and falsely claimed that the popular blood thinner was more effective, and safer, than aspirin. Go here for more information.

Podcast on possible liability in the Costa Concordia Cruise Ship accident

Here is a link to a podcast on possible liability issues in the Costa Concordia Cruise Ship accident.

UPDATE:  Mon. 1-30-12:  a lawsuit has now been filed...  Go here for more information.

NuvaRing Lawsuits Over Blood Clot Side Effects Continue to Mount

More than 900 cases have been filed by women who allege that they suffered a stroke, pulmonary embolism, deep vein thrombosis or other blood clot injury as a result of NuvaRing side effects.  NuvaRing is a form of birth control that releases a combination of etonogestrel and ethinyl estradiol through a ring that is inserted into the vagina once a month.  Go here for more information.