BILLINGS, Mont. (AP) — A 90-year-old woman residing in an assisted-living facility in Billings has won a $34.2 million judgment against her Omaha, Neb.-based insurance company for suspending payments for her dementia care.

Arlene Hull and her daughter sued Ability Insurance Co. in 2010 after the company ended her assisted-living benefits. Ability said Hull no longer qualified after a review found she didn't need "continual supervision due to a severe cognitive impairment" and that her doctor said she was moderately, not severely, impaired.

Hull's attorney, Mike Abourezk, said the company misinterpreted the policy and misapplied the rules.

The Billings Gazette reports (http://bit.ly/Hwwrwr ) the benefits were restored last year, but the company refused to pay for the nearly two years during which coverage was denied.

After a trial last week, the jury on Friday awarded Hull $250,000 for breach of contract; $2 million for violation of Montana's Unfair Trade Practices law; and $32 million in punitive damages.

Hull, who was diagnosed with Alzheimer's disease in 2007, did not testify, but the jury saw video of her.

Another of Hull's attorneys, Daniel Bidegaray of Bozeman, said he expected Ability to seek to reduce the punitive damages because the state caps such awards at $10 million. He also expected them to appeal.

Ability attorney Paul Collins declined comment on the jury's decision or the possibility of an appeal.

Is Your Wire Grill Brush a Dangerous Product?

With the weather getting warmer, more people will be going outside to turn on the grill and start cooking meat, poultry, and other food items. While grilling is considered healthier than frying foods, there are also some risks involved. E.coli risks go up if you fail to properly grill your meat or chicken or you cook contaminated food products and burnt meat can contain carcinogens. However, there is another possible health risk being reported that involves use of a wire grill brush. Used to free up charred remains from the grill and protect the grill rack from damage, some medical professionals are reporting that there are patients seeking treatment for injuries because they've accidentally ingested the brush's wire bristles.

According to a study involving doctors at Rhode Island Hospital, between May 2009 and November 2010, six patients were admitted to the emergency room there because of wire bristle ingestion. These patients came in complaining of abdominal pain and painful swallowing. They all had just eaten grilled meat. CT scan and x-ray results showed that there were wires in the abdomens and throats of the patients. The doctors determined that these were the grill brush bristles that had come off and gotten stuck in the meat.

The study's lead author, radiologist David Grand, says they don't know if this is a widespread problem. He is, however, calling for more research. Meantime, our products liability law firm will continue to monitor developments surrounding the wire grill brush and we will bring you updates.

The doctors had to perform surgery on three of the patients to remove the bristles. Two of these procedures were done on the small intestine, another on the liver. They also took out bristle wires from the necks of three patients. The findings from their study can be found online in the American Journal of Roentgenology.

Obviously, getting wire bristles stuck in your throat or in one of your internal organs can be very painful and could lead to serious health problems--not to mention the complications that might result from having to undergo surgery to remedy the matter.

Grill brush bristles aren't the only products that can cause a grilling accident. Unstable grills that have a defective support design can cause a fire and/or burn injuries, as can propane tank defects. Sometimes the danger is the person grilling because of inexperience or carelessness. Not knowing how to operate a grill or placing it in an area of the backyard that makes it a fire hazard can up the chance of serious injuries or death. Also, person in charge of food might leave meat products out in the sun too long, causing bacteria to grow, which can potentially lead to stomach illnesses and other health issues for those eating.

We represent persons that are seriously injured because of dangerous, defective, and/or poorly designed products. If you or someone you know needs assistance with a product liability issue, contact the Law Offices of Christopher L. Jackson, LLC. In Ohio, please call (513) 861-8000. In Kentucky, please call (859) 261-1111. For more information, please visit www.christopherjacksonlaw.com.

Large Award Paid by Costco for Woman Who Fell in the Store

POMONA - A jury Tuesday awarded a Covina woman who slipped, fell and shattered her kneecap at an Industry Costco store more than $400,000, the woman's attorney said.

Monika Leiterman, 58, was having lunch at the food court of the store, 17550 Castleton Street, April 1, 2009, when she slipped on a puddle of liquid soap and shattered her patella.

The jury ruled 12-0 in favor of Leiterman, the attorney said, awarding her a total of $414,868; $89,868 for past and future medical expenses and $325,000 in past and future pain and suffering.

"I presented evidence that numerous Costco employees had walked by the area of the spill within minutes before Ms. Leiterman fell," attorney said. "They didn't stop and clean it up, as their policies and procedures require that they do."

Costco representatives did not return calls seeking comment.

As a result of the injury, Leiterman has already had one operation in which surgeon's wired her kneecap back together, and may have to undergo two more operations, attorney said.

"She has a lifetime of partial loss of function and mobility and pain expected for the rest of her life," he said.

Costco denied any responsibility in the fall, attorney added. "There was no offer to settle."

The source of the liquid soap spill was uncertain, attorney said, however it likely leaked from a shopping cart.

A Fayette Circuit Court jury has awarded the estate of James Milford Gray $1.45 million in punitive damages from St. Joseph Hospital on Harrodsburg Road for its role in Gray's 1999 death.

The verdict came this week after a three-week trial.

Gray's estate sued the hospital, two doctors, a physician's assistant and three nurses in 2000, accusing them of failing to pay proper attention to the 39-year-old man's symptoms or results of blood tests that indicated his life was in danger. The suit also accused St. Joseph of "patient dumping," the illegal practice of turning away uninsured or under-insured people who need emergency care. And the lawsuit maintained that Gray, who had a criminal record, was told that police would be called if he returned to the hospital.

Gray, a paraplegic since he was shot as a teenager, went to the hospital's emergency room April 8, 1999, complaining of abdominal pain, protracted constipation and vomiting, according to the estate's attorneys. He was given pain medication and an enema, and was discharged.

He returned to the hospital the next day with severe abdominal pain after having vomited blood all night. Laboratory work showed he was critically ill, but the hospital discharged him, and he died several hours later at a relative's home due to peritonitis and a ruptured peptic ulcer, said Lexington lawyer Liz Seif, one of the attorneys for the estate.

St. Joseph and its attorneys have vigorously denied the claims while fighting the lawsuit for 12 years.

One jury trial in the case ended in a mistrial. Then, in 2005, a jury awarded Gray's estate $1.5 million in punitive damages from the hospital. By that time, the hospital was the only defendant.

The latest trial was the result of appeals.

"This case is now 13 years old, and St. Joseph maintains the same position that we have all along, that appropriate care was provided. We plan to appeal the decision once again," St. Joseph spokesman Jeff Murphy said Thursday in an email.

Said Seif: "I feel really gratified in that the jury, once again, saw that the hospital was grossly negligent in its treatment of Milford Gray. We greatly appreciate the jury in this case. They worked very hard. They deliberated for a long time, and their verdict was very courageous."

Read more here: http://www.kentucky.com/2012/03/01/2090916/fayette-jury-awards-145-million.html#storylink=cpy

 

Duerson family lawsuit could alter NFL

League may need culture change more than rules changes

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Tregg Duerson, son of former Bear Dave Duerson, with lawyer William Gibbs… (Antonio Perez / Tribune Photo)

February 23, 2012|Dan Pompei | On the NFL

The NFL is in Indianapolis this week for the annual scouting combine.

But the quakes and tremors that shook the league Thursday emanated from a seismic event a little more than 200 miles away.

In the law offices of Corboy & Demetrio on Dearborn Street just north of Madison, a news conference was held to announce that the family of former Bear Dave Duerson is suing the NFL.

A Louisville woman’s estate has filed a wrongful-death lawsuit against the Walgreens drugstore in Jeffersontown and one of its pharmacists, claiming she died as the result of getting the wrong prescription.

The family of Mary Moore claims in the lawsuit, filed Wednesday in Jefferson Circuit Court, that she presented a prescription to Walgreens for Hydralazine, a high blood pressure medication, in November 2010 but instead received an antihistamine, Hydroxyzine.

Moore had previously been hospitalized with high blood pressure, congestive heart failure and kidney failure, according to the suit, which claims Hydroxyzine is a high-risk medicine for the elderly that’s known to cause confusion and oversedation.

The suit claims Moore was not given counseling regarding the medication she was given, where the pharmacist would have noticed the mistake, according to the suit.

Moore’s hypertension went untreated for two weeks before the error was discovered and the pharmacy substituted the correct medication, “but it was too late” and Moore was soon hospitalized and died, according to the suit.

“She knew she was going to die and nothing could be done to save her life,” the suit claims.

Anthony Bower is named as the pharmacist in charge that day at the store, at 2360 Stony Brook Drive.

Claims made in filing a lawsuit present only one side of a case.

The pharmacy on Wednesday said neither Bower nor anyone else there could comment and referred a reporter to the national Walgreen Corp., which is also named in the suit.

Vivika Panagiotakakos, a spokeswoman, said the company does not comment on pending litigation.

The suit is seeking compensatory and punitive damages as well as a jury trial.

Cincinnati bus company pays $5M, settles death suit

A Cincinnati-based school bus company paid $5 million Monday to settle a wrongful death lawsuit in Missouri where one of the drivers for First Student drove a bus over and killed a teen.

The Missouri case alleged a 23-year-old First Student bus driver failed to defrost or scrape the bus’ windshield and then drove the bus over a 16-year-old who was legally crossing the street in St. Joseph, Mo. The Nov. 15, 2010, incident killed Mason Adams, a high school junior.

It also led to a wrongful death lawsuit filed by his mother, Bridgett Blasi, and hard feelings when First Student, which also has a contract to transport Cincinnati Public School students, refused to admit its role in her son’s death – until Monday.

“What Ms. Blasi has been seeking for over a year was an apology and acknowledgment of responsibility from First Student,”.

“What she wanted for over a year was to stop blaming her son. They said he wasn’t paying attention and that just isn’t true.”

Fist Student wouldn’t comment, a spokeswoman noted in a Tuesday e-mail.

The bus’ video captured the incident and showed, Kuckelman said, that the driver’s failure to defrost the windshield left him unable to see the teen crossing in front of the bus in a crosswalk and legally with the light.

The case was ready for trial Monday, but ended when First Student agreed to pay Blasi a $5 million settlement, to apologize, admit the company’s role in her son’s death and allow her to help its drivers learn from this case.

“First Student has agreed that the mother will have the opportunity to participate in training (drivers) to being a first-hand account of how people suffer from a company cutting corners,”

The bus driver, was convicted last year of a misdemeanor in connection with the death.

First Student transports about 13,000 students daily for Cincinnati Public Schools as part of a $91,000, five-year contract. CPS is in the third year of that contract with First Student.

First Student’s website notes it has 68,000 workers transporting 6 million students on 60,000 buses every day in the United States.

The company is part of First Group America, also based in Cincinnati, and is a subsidiary of a British transportation company.

In March, First Group settled a lawsuit, agreeing to $5.9 million after it was sued by thousands of workers and job applicants who alleged the company illegally made background checks on them without the required written authorization.