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November 30, 2009
PHILADELPHIA - An Illinois woman who was awarded $6.3 million by a Pennsylvania state court jury on Nov. 20 will receive an additional $28 million in punitive damages, the jury decided Nov. 23, while the manufacturers of the drugs were ordered to pay $75 million to another Illinois woman, whose trial ended in late October (Donna Kendall v. Wyeth Pharmaceuticals Inc., et al., No. 040600965; Connie Barton v. Wyeth Pharmaceuticals Inc., et al., No. 040406301, Pa. Comm. Pls., Philadelphia Co.).
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GADSDEN, Ala. - A jury in Alabama returned an $8.5 million verdict on Oct. 14 for a woman who was seriously injured in a rollover accident while she was a passenger in a vehicle designed by Ford Motor Co. (Latoya Duckett v. Ford Motor Co., No. CV-05-1120-WHR, Ala. Cir., Etowah Co.).
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SAN FRANCISCO - A California federal judge on Oct. 23 declined approval of a class action lawsuit that accused online brokerage TD Ameritrade Holding Corp. of negligence after the contact information of some of the company’s account holders was stolen (In Re: TD Ameritrade Accountholder Litigation, No. C 07-2852, N.D. Calif.).
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MINNEAPOLIS - A request from plaintiffs who claim that they were unfairly denied a loan modification under the Home Affordable Modification Program (HAMP) for a temporary restraining order enjoining all foreclosures in Minnesota on mortgage loans serviced by two companies was denied by a federal judge on Nov. 9 after she found that the loan servicers have a right under the act to decline requests for loan modification if they do not meet certain criteria (Nichole Williams, et al. v. Timothy F. Geithner, as United States Secretary of the Treasury, et al., No. 09-1959 ADM/JJG, D. Minn.; 2009 U.S. Dist. LEXIS 104096).
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PHILADELPHIA — A Pennsylvania state court jury on Nov. 20 awarded $6.3 million in compensatory damages to an Illinois woman after finding that her use of Wyeth’s Premarin and Prempro and Pharmacia & Upjohn’s Provera for nearly 11 years was a proximate cause of her development of breast cancer (Donna Kendall v. Wyeth Pharmaceuticals Inc., et al., No. 040600965, Pa. Comm. Pls., Philadelphia Co.).
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MINNEAPOLIS - A Minnesota state court judge held Oct. 20 that the claims of nine representative plaintiffs in that state’s consolidated Medtronic Inc. Sprint Fidelis implantable defibrillator leads litigation are preempted by federal law (In Re: Medtronic Sprint Fidelis Lead Products State Court Litigation, No. 27-CV-07-22446, Minn. Dist., Hennepin Co.).
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STATESBORO, Ga. - A forensic pathologist is qualified to opine that a car accident victim’s injuries would not have prevented him from being conscious before he died, and his opinion is reliably based on his experience, a federal judge in Georgia held Oct. 22 (Melisa H. Byrd, et al. v. Wal-Mart Transportation, et al., No. 609CV014, S.D. Ga.; 2009 U.S. Dist. LEXIS 99692).
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PHILADELPHIA - A plan administrator’s denial of benefits to a claimant with soft tissue injuries arising from an automobile accident was reasonable, the Third Circuit U.S. Court of Appeals ruled Nov. 9 in an unpublished decision. The appeals court said the insurer reasonably relied on medical reviews finding that the claimant was not disabled (Stephanie L. Ford v. Unum Life Insurance Company of America, No. 08-4191, 3rd Cir.; 2009 U.S. App. LEXIS 24514).
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WASHINGTON, D.C. - After reviewing a challenge to an arbitrator appointed by the government of Canada in a dispute pending in the Permanent Court of Arbitration (PCA), the deputy secretary-general of the International Centre for Settlement of Investment Disputes (ICSID) on Oct. 14 ruled that an arbitrator must choose between acting as an arbitrator in the PCA dispute or continuing to advise the government of Mexico (Vito G. Gallo v. Government of Canada, ICSID).
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NEW YORK - Insurance brokerage giant Marsh & McLennan Cos. Inc. (MMC) announced Nov. 13 that it had reached an agreement for $400 million to settle a consolidated class action filed in 2004 over alleged securities law violations made in connection with an alleged illegal bid-rigging scheme (In re Marsh & McLennan Cos. Inc. Securities Litigation, No. 04-8144, MDL No. 1744, S.D. N.Y.; See December 2007, Page 4).
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