Personal Injury Roundup No. 83 (10/8/10)

New Suits

• Over a 100 negligence suits filed against St. Joseph Medical Center (Baltimore) on Tuesday alleging unnecessary heart-related procedures.  (WJZ 13)

Appeals

• Second Circuit issues summary affirmances in eight Zyprexa dismissals.  (Drug & Device)
• Eleventh Circuit "ruled that Medicare is not entitled to rely on its field manual and argue that a subrogation interest be reduced under a "made whole" type of analysis only if a judgment is entered in the case."  (Day on Torts)
• NJ Supreme Court upholds use of class action for consumer fraud claim against drug manufacturer based on allegedly deceptive advertising.  (Opinion, NJ Law Journal (via law.com), Drug & Device)
• Kentucky appellate court holds law barring punitive damages against dram shops is unconstitutional. (Cal Punitive Damages)

Reform, Legislation, Policy

• "Things Congress did and didn't do before leaving", Part I and Part II at Point of Law.
• On-going Foreign Corrupt Practices Act investigation of several major drug manufacturers. (WSJ)
• 9/11 compensation bill passed House last week, now moves through Senate.  (Point of Law)

Trials, Settlements and Other Ends

• Federal district court grants summary judgment to defendants in the Wii defective wrist strap class action.  (Mass Tort Defense)
• Federal district court judge reduces $8M Fosamax award as excessive, but denies new trial based on plaintiff's lawyer's improper conduct.  (Drug & Device, About Lawsuits, NY Law Journal/law.com) 

Miscellaneous

• Judge Barbier gave notice of intent to appoint Professor Francis McGovern as a special master under FRCP 53 in the In re Oil Spill MDL.  (Order, Mass Tort Defense)

--SBS