Personal Injury Roundup No. 8 (9/19/08)

Has anyone else noticed that "premier week" for the networks' new TV season falls later and later each year?   Anyway, on to what's happened this week in torts...

Reform, Legislation, Policy

• FDA warns consumers about Chinese baby formula possibly contaminated with melamine.  Chinese baby formula is not approved for sale in the U.S., but the FDA is investigating reports that Chinese-made formula is being sold in Asian specialty market.  [CBS 2 Chicago, FDA, LA Times, NY Times, Natl Geo Green Guide]
• Survey finds that Texas doctors more willing to accept high-risk patients in light of med-mal caps.  [El Paso Times]
• The FDA held a public hearing this week regarding allergen labeling on foods.  [ABC News, US News, WaPo]
• WSJ Editors opine on tort reform.  [WSJ]
• Representatives John Dingell and Bart Stupak (D-MI) investigate Wyeth's claims that Centrum Cardio lowers cholesterol.  [Pharmalot]
• Consumer Product Safety Commission's Office of the General Counsel issued an advisory opinion finding that children's products which do not comply with new lead standards must be off store shelves by Feb. 10, 2009, regardless of manufacturing date.  (Advisory opinions are subject to change by the CPSC).  [CPSC]
• Senate Special Committee on Aging held a hearing this week regarding direct-to-consumer advertising of medical devices.  [NYT, WSJ Health Blog]

New Lawsuits

• Families sue Indianapolis hospital and drug manufacturer for heparin overdoses in newborns.  [Chicago Tribune (AP)]
• Parents of boy who died after being hit by a jet ski seek $5 million from Idaho State University's Cooperative Wilderness Handicapped Outdoor Group.  [KBCI News 2 (AP)]
• Jockey sues track owner for injuries sustained in horse race.  [TortsProf]
• Six Flags sues ride manufacturer.  [TortsProf]
• Gary Coleman sued for allegedly running down fan in bowling alley parking lot.  [Cal Punitive Damages]

Trials, Settlements & Other Ends

• Family of boy scout settles totem pole lawsuit.  [TortsProf]
• Federal judge dismisses libel suit against "Innocent Man" author John Grisham.  [AP/law.com]

Appeals

• $54 million pants case set for appeal on Oct. 22d before D.C. Court of Appeals.  [BLT]
• The Eleventh Circuit heard arguments in the gun-defamation case against NYC Mayor Michael Bloomberg.  [Fulton County Daily/law.com, AP]
• NY Appellate Division rejects breach of fiduciary claim against Wilson Elser, but allows legal malpractice claim to proceed.  [NY Law Journal/law.com]
• Ohio Supreme Court uses "market value" test to decide issue of damages that may be recovered by a spouse who took off time from work to care for a spouse injured by the negligence of another. [Day on Torts]
• Adam Liptak reports on the upcoming preemption cases before the Supreme Court. [NY Times]

Damages

• Veterinary malpractice suit triggers debate on how to value loss of pet's life.  [ATL Journal Constitution, Overlawyered]
• Damages caps on suits against Oregon state agencies proposed. [TortsProf]

Miscellaneous

• Libel tourism on the rise in U.K.  [NYT Opinion]
• Judge rejects NYC's objections to "severity chart," which provides a "snapshot" of most serious injuries in the 9/11 respiratory illness cases.   [TortsProf]

- SBS