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In
this issue:
Staples Settles in Overtime Pay Lawsuit
A $42 million settlement was reached with Staples Inc. in a class-action lawsuit that accused the office supply chain of failing to pay assistant store managers overtime they had earned. According to the lawsuit, many of the plaintiffs claim to have worked more than 50 hour weeks in a job that did not involve management duties, thus making them eligible for overtime pay. The settlement will affect more than 5,500 current and former Staples employees. Erin Ailworth, Boston Globe 01/30/2010
Lawsuit Claims Toyota Should Recall More Models
A lawsuit filed in West Virginia claims that the Toyota Motors Inc. recall last month did not cover all the vehicles that pose a danger to drivers. According to the class-action suit, 13 other Toyota models, each equipped with an electronic throttle-control system, have a “dangerous propensity to suddenly accelerate without driver input and against the intentions of the driver.” The lawsuit claims that Toyota took too narrow of a scope when studying data for the recall, thus ignoring “an entire universe of potentially relevant customer complaints.” Andrew Clevenger, The Charleston Gazette 01/29/2010
Report: Cancer Radiation Safety Lagging
Technology advances in radiation treatment of cancer patients have moved so swiftly that doctors and hospitals are struggling to implement the necessary safeguards. Patients in New Jersey, Louisiana and Texas have suffered severe radiation injuries resulting from overexposure or improper dosages. While serious injuries are still infrequent, the fact that they happen at all shows that hospitals need to reevaluate their safety measures. The gap between advancing technology and outdated safety protocols leaves “physicists and radiation oncologists without a clear strategy for maintaining the quality and safety of treatment.” Walt Bogdanich, The New York Times 01/27/2010
Researcher to Accept Plea for Faking Drug Research
A Massachusetts anesthesiologist has agreed to plead guilty to healthcare fraud in connection with research involving Vioxx, Bextra and Celebrex, according to the Justice Department. Federal prosecutors claimed that Scott Reuben fabricated research results for studies funded by drug companies. Reuben could serve a 10-year prison sentence and pay a $250,000 fine, the Justice Department said. James A. White, WSJ Blogs 01/25/2010
Toyota Knew of Problem Before Recall
Just a few days after recalling more than 2.3 million vehicles due to a sticky gas pedal, Toyota Motors revealed it knew of the issue last year, but didn't think it covered enough vehicles to warrant a recall. While Toyota claims the problems have not caused any injuries or deaths, ABC News reported that four deaths could be linked to the gas pedal defect. Toyota dealers across the country have been told to help on a "case-by-case basis," until Toyota can fix the problem. James R. Healey, USA Today 01/25/2010
Plaintiff Experts OK to Testify in Hormone Replacement Therapy Drug Litigation
Plaintiffs involved in pending mass tort litigation over hormone replacement therapy may admit evidence from key expert witnesses, a judge presiding over the litigation has ruled. In the ruling, Philadelphia Common Pleas Judge Sandra Mazer rejected arguments by the defense that the experts’ methodologies were flawed. Plaintiffs allege that they developed breast cancer after taking hormone replacement drugs. Amaris Elliott-Engel, Law.com 01/21/2010
Toddler Death Sparks Dorel Asia Crib Recall in U.S.
The recent death of a six-month-old child has prompted the recall of about 635,000 Dorel Asia cribs, the Consumer Product Safety Commission announced Tuesday. The cribs feature a defect that can cause the drop-side to detach from the frame, creating a small space a child could become trapped in and suffocate. The agency reported that it has received complaints of more than 60 other incidents of product failure, ten of which resulted in injury. The cribs were manufactured in China and Vietnam and sold at Wal-Mart, Kmart and Sears stores nationwide from January 2005 through December 2009. Andrea Chang, LA Times 01/20/2010 Brake Problem Prompts Chrysler Recall
Automobile
giant Chrysler Group LLC announced this week it will recall more than
20,000 vehicles from some of its top lines due to improperly formed or
installed clip retention tab on the brake pedal pin that could result
in brake failure. The recall applies to 2010 model-year Chrysler
Sebring, Dodge Avenger and Nitro, and Jeep Liberty, Commander and Grand
Cherokee SUVs, as well as 2009-2010 model year Dodge Ram trucks.
Chrysler says that no deaths or serious accidents have been reported in
relation to the issue. Soyoung Kim, Reuters 01/19/2010 Research: Opioid Overdose On the Rise
A new study has found that as more and more doctors across the country prescribe opioid painkillers to treat chronic pain, more and more consumers are suffering fatal overdoses. An article published Monday found that 51 patients overdosed on opioids in the past three months, with six of those cases resulting in death. Opioids, including oxycodone, morphine and hydrocodone, are the most commonly prescribed class of medication in the U.S. The study found that some of the deaths resulted from accidental overdose, and many were the result of an alleged suicide attempt or part of drug abuse. Meg Tirrell, Bloomberg 01/18/2010 Drugs Recalled: Benadryl, Motrin, Rolaids, Tylenol, and Others
McNeil Consumer Healthcare, a division of Johnson & Johnson, recalled several hundred batches of many of its popular medicines, including Benadryl, Motrin, Rolaids, Simply Sleep, St. Joseph Aspirin and Tylenol, due to consumer complaints of a moldy smell upon opening. The alarming news for consumers, however, is that the recall came 20 months after complaints were logged. The Food and Drug Administration sent a warning letter to the company last week, noting the consumers have also reported temporary digestive problems like nausea, vomiting and stomach pain. McNeil released a statement Friday claiming chemicals used to treat wood pallets that transport and store product packaging were the source of the moldy smell in some products. Natasha Singer, The New York Times 01/17/2010
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