July, 2009Woman Burnt by Hot Tea Sues McDonald’s Franchise

A Bronx, New York woman on July 29, 2009 filed a lawsuit against the owner of a McDonald’s franchise for a horrific visit to a drive-through that left her severely burned. It is believed by her representation that the lids on both cups of tea were not properly attached. Miriam Richardson,ordered breakfast and two hot teas at a Mount Vernon McDonald’s drive-through at or around 8 a.m. on Feb.10, 2009. Both cups of scalding liquid spilled onto her lap, burning …

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New Food-Safety Laws Approved

The House approved the first major changes to food-safety laws in 70 years Thursday, giving the Federal Drug Administration the authority to recall tainted foods and conduct frequent inspections of food processing plants. The bill passed the House on a vote of 283 to 142. Many of those who opposed the changes cited provisions that would add bureaucracy for farmers. The Senate is expected to take up the issue next fall. President Obama, who voiced his approval of the bill, …

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Coal Dust Linked to Emphysema Severity

Coal dust is directly linked to the severity of emphysema in both smokers and nonsmokers, according to new research published in the August 1 American Journal of Respiratory and Critical Care Medicine. The study concludes that coal miners’ exposure to the dust could cause severe emphysema later in life. The study was the first of autopsied coal mine workers to examine pathology data from whole lung sections, along with smoking history and work histories that reconstruct the coal mine exposures. …

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Twitter Post Leads to Lawsuit

A Twitter post that detailed a moldy apartment landed a Chicago renter with a lawsuit, after her landlord came across the disgruntled message. Horizon Group Management LLC is suing Amanda Bonnen for $50,000, claiming that the post was malicious and defamed the company. Bonnen posted the inflammatory tweet in May, under the handle abonnen: “@JessB123 You should just come anyway. Who said sleeping in a moldy apartment was bad for you? Horizon realty thinks it’s okay.” Bonnen was living at …

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Plaintiffs Suing Pelvic Prolapse Device Maker

A Georgia woman living in Fulton County is among several plaintiffs suing the maker of a medical device used to treat pelvic organ prolapse, alleging the product caused them serious injury. The personal injury and product liability lawsuit against C.R. Bard Inc. was filed recently in U.S. District Court in Atlanta. The lawsuit contends, among other things, that the company made a defective device, the Avaulta Plus Anterior BioSynthetic Support System and seeks unspecified damages. “I never want another woman …

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Cancer Increases With Tanning Bed Usage

The debate over tanning beds and how dangerous they are has been a popular topic year after year. For many years, scientists have described tanning beds and ultraviolet radiation as “probable carcinogens.” Recently, international cancer experts have moved tanning beds and ultraviolet radiation into the top cancer risk category deeming both to be definite causes of cancer. A new analysis of  twenty studies concludes the risk of skin cancer jumps by 75% when people start using tanning beds before age …

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House Passes Food Safety Bill

On July 30, 2009, the House approved a bill that will give the FDA more power to regulate food production and subsequent recalls. Each year food-contamination outbreaks send an estimated 325,000 U.S. residents to the hospital. Presently, the FDA has no authority to mandate a food recall, though companies issue them voluntarily.  But after a spate of outbreaks in recent years including peanuts earlier this year, peppers last year and spinach in 2006 the recurring legislation gained traction. The Food …

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Bass Amplifiers Recalled by Fender Musical Instruments Due to Fire Hazard

The recalled amplifier’s wiring can overheat, posing a fire hazard.

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LexisNexis® Legal News Podcast for July 31, 2009

The FDA says electronic cigarettes contain dangerous toxins, and, the West Virginia Supreme Court has reportedly delayed until at least September a ruling in the appeal of a $400 million verdict involving contamination of the town of Spelter, W.Va. Hear these and other stories from LexisNexis® Mealey’s™ Emerging Toxic Torts, Insurance Insolvency, Tobacco and Class Actions Reports. Copyright© 2009 LexisNexis, a division of Reed Elsevier Inc. For the latest litigation news headlines, visit www.lexisnexis.com/mealeys.

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Jury Rules for Hospital that Deported Brain-Injured Patient

A jury in Florida ruled in favor Monday of a hospital that repatriated a severely brain-injured Guatemalan patient against the will of his guardian. The case is thought to be a significant development in dealing with the responsibilities of hospitals towards uninsured illegal immigrants. Martin Memorial Medical Center chartered a plane for Luis Alberto Jimenez and provided him with life-saving care after he sustained brain injuries in a car crash involving a drunken driver. After failing to find a rehabilitation …

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