Category: News

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Six women sue USC for Alleged Sexual Misconduct by Campus Gynecologist

Six women filed civil lawsuits Monday alleging that a longtime gynecologist at the University of Southern California sexually victimized them under the pretext of medical care and that USC failed to address complaints from clinic staff about the doctor’s behavior.

One woman alleged Dr. George Tyndall forced his entire ungloved hand into her vagina during an appointment in 2003 while making “vulgar” remarks about her genitalia, according to one of the lawsuits. Another woman alleged that Tyndall groped her breasts in a 2008 visit and that later he falsely told her she “likely had AIDS.”

A third woman accused the doctor of grazing his ungloved fingers over her nude body and leering at her during a purported skin exam, the lawsuit states. He waves of litigation comes as USC continues to grapple with the scandal, which legal experts said could prove costly to the university as scores of former patients come forward about their experiences with the gynecologist.

Tyndall, 71, who worked at USC’s student health clinic for nearly three decades, could not immediately be reached for comment Monday. In earlier interviews with The Times, the physician defended his medical exams as thorough and appropriate, adding that frank and honest dialogue about sex lives was part of his way of treating late adolescents who were enrolled at USC.

 

Resource: LAtimes

 

consumer attorneys of Los Angeles, CAALA, logo, deposition summaries, medical summaries, ligitation support services

Gracious is now an Affiliate Member of ”Consumer Attorneys Associations of Los Angeles” (CAALA)

Gracious Legal Services LLC is happy to announce that we are now a proud affiliate member of “Consumer Attorneys Associations of Los Angeles” (CAALA), which is one of the largest associations of plaintiffs’ attorneys. For more than 68 years it has served the legal industry.

As an Associate Member, we look forward to signing up with the CAALA members and enable them to stay competitive by continuously working on improvising process, reducing costs and reducing the bottlenecks in the progress of their business. We stand by our punchline “Your Business Partner in Enabling Growth” and we leave no stones unturned in adhering to the same. By signing up with GRACIOUS, you can rest assured of the quality of work, responsiveness and deep industry knowledge.

We are among the pioneers in the Legal Outsourcing industry, catering to law firms since 2001. We primarily concentrate on building a strong dedicated team of lawyers, paralegals, and paramedics to support our clients comprehensively creating a complete 24/5 operational cycle for our clients. Professionals at GRACIOUS are subjected to an effective training program designed and developed by the American Attorneys specializing in various practice areas. So what our clients get upon signing up with us, are fully trained professionals ready to take on the first work assignment from the very first day of operations. This helps in minimizing time & money spent on hiring, training and getting the resource geared up to speed.

In addition to the gamut of benefits, by outsourcing to GRACIOUS you save more than 50 to 60% of the cost, with absolutely no compromise on the quality of work or turn around. This is something our nationwide clients have experienced over several years of association.

We wish to be associated with Consumer attorneys of Los Angeles for a long-term and support it with the mandates of the Association.

Gracious Legal Services LLC a proud sponsor of Workhorse Seminar 2018

Gracious Legal Services LLC is one of the proud sponsors of “FJA Workhorse Seminar 2018” chaired by “Mr. John Romano of The Romano Law Group”. Florida Association of Justice (FJA) is committed to protecting the rights of consumers and citizens of Florida. We are glad to have this opportunity to sponsor and promote our services at this event. We are also thankful to Mr. Romano for sharing his feedback towards our services during the event. It was a pleasure being a part of the event and we look forward to sponsoring and be a part of many more events of FJA in future. We also look forward to connecting with all the FJA members and extend our services to their respective esteemed law firms.

Gracious is among the leading Legal Outsourcing companies with offices in California, USA, and delivery centers in Bangalore India, which is commonly known as the silicon valley of India. Offering services to the law firms and corporates across the globe with a team of highly qualified professionals including lawyers, paramedics, and paralegals who are capable of efficiently handling various tasks right from start to finish of a case. We provide a wide range of services to our clients. Our services landscape includes litigation support services and corporate legal services.

Owing to our deep industry knowledge Gracious is committed to its clients delivering high quality work product with minimized cost while adhering to the required deadlines. Our professionals have been extensively trained in various tasks, tools, formats, and procedures to support our clients in the best possible way we can.

We at Gracious are extremely cautious about data security, as we work on highly sensitive and classified data. We adhere to ISO 27001, which has the highest level of data security parameters. The data residing on our servers are well protected and monitored round the clock with multilayer security systems.

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Chief Justice Roberts promises review of sexual harassment policies in federal courts

Chief Justice John Roberts has ordered a “careful evaluation” of the judiciary’s standards of conduct and policies, saying the federal courts are not immune to the nationwide focus of sexual misconduct in the workplace.

The remarks came in Roberts’ annual year-end report Sunday on the third branch of government, which he heads as chief justice.

The 62-year-old Roberts said a working group he has assembled will focus on whether current procedures for “investigating and correcting inappropriate behavior are adequate to ensure an exemplary workplace for every judge and every court employee.”

A prominent federal judge resigned last month after he was accused of sexual misconduct on the job.

Alex Kozinski, 67, was a member of the San Francisco-based 9th Circuit U.S. Court of Appeals and profiled in a Washington Post article, where six women — including former law clerks — accused him of engaging in inappropriate comments and behavior.

An internal judicial misconduct inquiry was launched, but Kozinski left his job soon afterward.

SUPREME COURT TO HEAR CASE OF OHIO TAKING INACTIVE VOTERS OFF ROLLS

Among the allegations, the Post reported one of the judge’s former law clerks claimed Kozinski asked her to view pictures of naked people.

A spokesman for the 9th Circuit also confirmed at least one of Kozinski’s current law clerks had resigned, but offered no further details, citing confidentiality and privacy policies.

“I expect the working group to consider whether changes are needed in our codes of conduct, our guidance to employees– including law clerks– on issues of confidentiality and reporting of instances of misconduct, our educational programs, and our rules for investigating and processing misconduct complaints,” Roberts wrote. “These concerns warrant serious attention from all quarters of the judicial branch.”

The chief justice spent most of 16-page report speaking about natural disasters, especially deadly hurricanes, and their effect on the federal courts in Texas, Florida, Puerto Rico, and the U.S. Virgin Islands. He also mentioned the California wildfires.

“The courts cannot provide food, shelter, or medical aid, but they must stand ready to perform their judicial functions as part of the recovery effort,” Roberts wrote. “The federal judiciary has an ongoing responsibility to prepare for catastrophes and ensure that the third branch of government remains open and functional during times of national emergency.”

Source:
http://www.foxnews.com/politics/2018/01/01/chief-justice-roberts-promises-review-sexual-harassment-policies-in-federal-courts.html

case documents

Drywall Makers to Pay Another $125M to Settle Class Action Suit

Four of the nation’s principal drywall manufacturers have agreed to pay an additional $125 million to settle a class action case involving allegations of price manipulation, boosting the total payout to nearly $191 million, according to an SEC filing and an announcement by the plaintiffs’ attorneys.

Eagle Materials, American Gypsum Co., New NGC Inc. (parent of National Gypsum), and PABCO Building Products entered into an agreement on Dec. 29 settling claims that wallboard manufacturers broke antitrust laws by conspiring in 2011 and 2013 to raise prices.

“Settling defendants believe that they are not liable for the claims asserted and have good defenses to plaintiffs’ claims,” according to the settlement agreement, included as part of Eagle Materials’ Dec. 29 SEC filing. “but nevertheless have decided to enter into this settlement agreement in order to avoid further expense, inconvenience, and the distraction of burdensome and protracted litigation. ….”

Cohen Milstein Sellers & Toll, one of the law firms for the plaintiffs said wallboard makers now have committed $190.7 million to settle the case. The most recent settlement is subject to final approval by a federal judge.

According to Cohen Millstein, the case began in the fall of 2011 when American Gypsum announced a 35% price increase for drywall for the following year. The other defendants then announced comparable increases.

“Over the course of the litigation, the plaintiffs alleged that American Gypsum would not have raised prices so significantly without the agreement of its competitors to follow suit,” Cohen Millstein’s press release said. “All the defendant drywall manufacturers also instituted significant price increases for 2013. The lawsuit alleged that as a result of collusion, direct purchasers of drywall products, including distributors, buying cooperatives and contractors, paid artificially inflated prices.”

In March 2015, U.S. District Judge Michael Baylson of Pennsylvania’s Eastern District gave preliminary approval to four settlements totaling $55 million. Paying then were USG Corp. and TIN Inc, (aka Temple Inland), the Top Class Actions website reported. CertainTeed also had been accused of price fixing but was cleared of wrongdoing.

The class action covers persons or businesses that bought wallboard between Jan. 1, 2012, and Dec. 31, 2013, from any of the companies named above plus L&W Supply Corp. (at that time a unit of USG), and Georgia-Pacific. Compensation will be doled out based on the total dollar amount of wallboard bought in the U.S. by entities in the class.

“Price-fixing scandals in fact are standard fare for drywall manufacturers,” The Atlantic reported in July 2016. It cited “a 1996 Department of Justice memo that ordered Georgia-Pacific to divest two gypsum plants in order to restore viable competition.” The publication added that “major producers of gypsum wallboard have been caught up in civil and criminal price-fixing litigations in the 1920s, 1940s, and the 1970s.”

Source:
http://www.prosalesmagazine.com/products/drywall/drywall-makers-to-pay-another-125m-to-settle-class-action-suit_o

Testosterone

Testim Lawsuit Settlement Reached Just Ahead of First Pennsylvania Testosterone Trial

A Testim lawsuit scheduled to go to trial next Monday in Pennsylvania’s Philadelphia Court of Common Pleas has been settled for an undisclosed amount.

The case was filed on behalf of an Alabama man who allegedly suffered a testosterone-induced stroke in July 2012, less than a year after he began using Auxilium Pharmaceuticals Inc.’s Testim gel.

Among other things, the Plaintiff accused the company of marketing an unreasonably dangerous product and charged that sales of Testim were driven by misleading marketing that characterized low testosterone levels normally experienced by aging men as an “epidemic” and a “syndrome” called “Low-T”.

Auxilium is named a defendant in more than 1,200 similar Testim lawsuits currently pending in state and federal courts around the country. The Pennsylvania settlement was announced yesterday in Philadelphia.

The company won its first testosterone trial in November, after a federal jury in Chicago found that Testim was not responsible for the heart attack experienced by a Tennessee man.

Testosterone Heart Side Effects

Prescription testosterone medications such as Axiron, AndroGel and Testim are only approved to treat hypogonadism, or low testosterone secondary to an injury or medical condition. They have not been proven safe and effective for men who experience decreasing testosterone levels merely due to aging.

In March 2015, the U.S. Food & Drug Administration (FDA) ordered testosterone manufacturers to update their product labels with information regarding an increased risk of heart attacks and stroke. In June of that year, the labels were updated to include a general warning regarding a risk of venous thromboembolism, venous blood clots that include deep vein thrombosis and pulmonary embolism.

Testosterone Verdicts and Settlements

Court documents indicate that more than 6,200 testosterone lawsuits are currently undergoing coordinated pretrial proceedings in the U.S. District Court, Northern District of Illinois. All of the cases were filed on behalf of men who suffered heart attacks, blood clots, and other cardiovascular complications allegedly related to their use of Axiron, AndroGel, Testim, and other prescription testosterone treatments.

To date, the federal litigation has completed trials of two AndroGel lawsuits. In July, the first jury declined to award the plaintiff any compensatory damages. But in an unusual development, they awarded him $150 million in punitive damages, after finding that AbbVie, Inc. had engaged in false advertising when it marketed AndroGel. However, the judge on the case recently ordered a new trial after finding the jury’s decision conflicting and inconsistent.

The second AndroGel lawsuit concluded in October, with the jury ordering AbbVie to pay the plaintiff $140,000 in compensatory damages and $140 million in punitive damages.

Late last month, Eli Lilly & Co., announced it has reached a global settlement in all testosterone lawsuits involving its Axiron product. Details of the Axiron testosterone settlement have not been disclosed.

Source:
https://www.rxinjuryhelp.com/news/2018/01/03/testim-lawsuit-settlement-reached-just-ahead-of-first-pennsylvania-testosterone-trial/

Image Source:
https://www.schmidtandclark.com/testosterone-lawsuit

courthouse

N.J. Jury Awards $15 Million in Pelvic Mesh Case

A state court jury in Hackensack, N.J., has ordered a subsidiary of Johnson & Johnson to pay $15 million to a woman who says she was injured by a faulty pelvic mesh implant.

Jurors awarded Elizabeth Hrymoc $4 million for pain and suffering, $1 million for loss of conjugal affection and $10 million in punitive damages, according to a report in northjersey.com. Jurors deliberated most of the day, Thursday, December 14, after an almost three-week trial, according to CVN, Courtroom View Network.

Hrymoc, 71, was implanted with Ethicon’s Prolift mesh device in 2008 and testified during a trial that since the surgery, she suffers from chronic pain, according to the news website.

This is not the first jury to hit Ethicon over Prolift. In 2013, a federal jury in New Jersey ordered the company to pay $11.11 million to Linda Gross, who had to undergo 18 revision surgeries after her implant. $7.76 million of that award was punitive damages.

Gross, too, said she suffered from near constant pain and had trouble sitting following her implant. Evidence in that trial included internal J&J documents showing officials had knowledge that the mesh posed a risk of pain and injuries for women.

Hrymoc had the Prolift and transvaginal tape implanted after suffering from incontinence. She underwent several corrective surgeries. Prolift was removed from the market in 2012.

Jurors determined the Prolift, and not transvaginal tape, caused Hryomoc’s injuries. However, it found that Ethicon failed to provide adequate warnings about both products.

Mesh Risk Known by Company Researchers

Evidence in the trial included a brochure given to Hrymoc by her doctor showing there was a “small risk” the implant would be exposed to the vaginal canal. Attorney Adam Slater introduced documents from Ethicon researchers suggesting a much higher risk.

Slater argued during summations that Ethicon showed “willful and wanton” disregard for what would happen to patients given the implants.

Attorneys for Johnson & Johnson argued that the product, while imperfect, had been tested sufficiently and that Hyrmoc knew the risks when she agreed to the surgery. The company maintains the product has helped thousands of women who would have required riskier, more invasive surgery.

J&J spokeswoman Mindy Tinsley told CVN that the company will appeal.

At least 9,000 transvaginal mesh lawsuits have been filed against Ethicon in New Jersey Superior Court. The cases are being managed as part of multicounty litigation, according to the law firm representing Hrymoc, Bernstien Liebhard.

This is the first N.J. state court case to go to trial since Gross’ verdict. Another trial involving manufacturer C.R. Bard is scheduled for trial in January.

Ethicon and J & J are facing more than 50,000 similar lawsuits around the U.S.

Source:
https://www.drugwatch.com/2017/12/14/nj-jury-awards-15-million-pelvic-mesh-case/

Medical Summary, Medical Chronology, Deposition summaries, Document review

Decatur doctor gets 14 months for illegal drug distribution

A doctor who operated a walk-in medical clinic in Decatur was sentenced to 14 months in federal prison for illegally handing out the painkiller hydrocodone, the U.S. attorney’s office announced Tuesday.

Sukhwinder Multani, 43, of Decatur, also was sentenced to three years of supervised release following the prison term. He is prohibited from working in the medical field during the sentence.

According to court documents, Multani operated Universal Urgent Care in Decatur, advertising that it was open seven days a week and charged $40 per visit.

On Nov. 14, 2016, Multani admitted that on three occasions in 2014, he dispensed hydrocodone, a type of opioid, outside the course of professional medical practice and not for any legitimate medical purpose.

According to public records, Multani’s medical licenses were ordered suspended in 2014.
Source:
http://www.sj-r.com/news/20171212/decatur-doctor-gets-14-months-for-illegal-drug-distribution

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St. Francis to pay $26M in medical malpractice suit

COLUMBUS, Ga. — Bittersweet moments for a Columbus woman who went to St. Francis Hospital for a common neck surgery and later turned into a disabled woman.

Sandra Williams filed a lawsuit against St. Francis Hospital for the end result of her neck surgery. After a two week trial, a jury decided, St. Francis and its surgeons were 100 percent at fault. St. Francis is now responsible for paying Williams $26 million dollars in this medical malpractice case.

“Sandy is now blind, she’s restricted to wheelchair, she’s got very little function in her legs, she has a hard time grasping with her hands,” says Attorney Lloyd Bell, Law Offices of Andrew C. Dodgen.

Attorneys with the Law Offices of Andrew C. Dodgen represented 57-year-old Sandra Williams, a god-fearing woman of Columbus. Attorney Lloyd Bell says Williams needed a common neck surgery after running a 5k back in October of 2012.

“Went to get a neck fusion surgery which went well..but the following day she couldn’t swallow,” says Bell.

The day after her surgery she went to complain about trouble swallowing. Following that surgery what looks looks a pretty large bubble sitting on her windpipe. Attorneys for Williams say this is what caused their client to have trouble swallowing. They say St. Francis Doctor Erik Westerlund decided to not make a move on Williams, because she had not complained about any breathing problems. So she went home, but the swallowing issue never went away and even more problems surfaced.

“Came back to the emergency room in the early morning of October 20th and her neck was swollen, she couldn’t swallow, she had pain, she had gurgling noise when she tried to swallow…she couldn’t swallow her own saliva,” says Bell.

She waited for some six hours to be seen by Dr. Westerlund, this on the third day after her surgery. But it’s important to note, hospital policy requires doctors to see a patient within two hours. During the trial, the plaintiffs used a doctor with more than 20 years of surgical experience. He explains what Westerlund should’ve done in Williams’ case.

“Intervene soon not wait til the breathing gets in trouble… there’s almost a 100 percent chance that the patient will go home and be fine,” says Doctor Lawrence Schlachter.

The plaintiff’s attorney’s tell News 3, Williams now needs around the clock care as she is no longer independent. They say all the years of singing at her church and enjoying a run all came to an end because of this incident. It’s safe to say Williams hasn’t had it easy also losing her husband through all of this. But through it all we’re told Williams continues to smile and hold her head high.

According to our media partner the Ledger-Enquirer, St. Francis will not appeal the jury’s decision, forcing the hospital to pay Williams $26 million dollars.

Source:
http://www.america.easybranches.com/georgia/St–Francis-to-pay–26M-in-medical-malpractice-suit-443034

chocolate coco loko street drug

Feds Crack Down on ‘Street Drug Alternatives’ (FDA)

Two companies promoting their products as alternatives to street drugs were warned by the FDA that they were selling unapproved and misbranded drugs.

In a press release, the FDA said that the manufacturers of Legal Lean Syrup, which may be meant as an alternative to cough syrup mixed with soda, and Coco Loko, marketed as snortable chocolate “snuff,” both pose safety concerns for consumers. Legal Lean Syrup contains the pharmaceutical compound doxylamine, which was not included in the product labeling and can pose serious health concerns, the FDA said. Coco Loko contains taurine and guarana, “neither of which have been evaluated for intranasal administration.” The agency also noted potential risks of snorting any powder substance.

The companies have 15 days to respond to the FDA and correct the issues noted, or they may face regulatory action.

Source:
https://www.medpagetoday.com/psychiatry/addictions/69847

Image Source :https://www.confectionerynews.com/Article/2017/12/13/Snortable-chocolate-Coco-Loko-labeled-street-drug-alternative-by-FDA