Category: Hot Topics

CountryWide’s Deceptive Mortgage Practices According To California AG

California Attorney General Jerry Brown filed a complaint today in Los Angeles state court claiming that Countrywide Chief Executive Officer Angelo Mozilo and a unit specializing in loans to consumers with poor credit used deceptive marketing tactics to entice thousands of borrowers into ARM loans without disclosing that their payments would balloon after 30 days. Jerry Brown is one of the first two AGs to file suit against lenders like Countrywide that glutted the mortgage market with misleading subprime loans.

According to Bloomberg News, Mr. Brown seeks restitution for borrowers, civil penalties of as much as $2,500 per violation and a court order halting the practices.

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U-Haul Ordered To Pay $87 Million To Injured Customer

A Dallas County jury recently awarded a man who was partially paralyzed in a moving-truck accident with $87 million.  Talmadge Waldrip rented a U-Haul truck in September 2006 to help his daughter move. The 6-ton truck rolled over him, crushing his bladder and pelvis.  “When I stopped the truck and got out of it, the truck started rolling backwards, and it knocked me down,” Waldrip said.  The gravely injured man has gone through 14 surgeries and can still not properly walk.  He requires around the clock medical care. 

U-Haul’s response to the jury’s verdict: “While the plaintiff’s injuries are extremely regrettable, the final verdict is another example of abuse of the legal system against corporate citizens in America.”  No, U-Haul, the jury’s verdict is not an example of the abuse of the legal system.  The jury’s verdict is a message to your company that allowing your trucks to be rented by consumers with faulty emergency brakes will not be tolerated by the community.  And when your gross negligence causes serious injury, you will compensate the injured.

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CT Motorcycle Accident and Helmet Laws

A 43-year-old motorcyclist who collided with a truck Tuesday afternoon on Route 159 is recovering at Baystate Medical Center in Springfield. The collision occured at the Hickory Street intersection around 3:31 p.m. Tuesday in Suffield, Connecticut.  The truck driver informed police that he stopped at the intersection anf thought that the road was clear.  According to witnesses, the truck driver failed to obey the stop sign.  The news reports have not dislcosed the nature and extent of the motorcyclist’s injuries nor whether he was wearing a helmet.  Connecticut does not have an universal helmet law for motorcycle riders.  Helmets are only legally required under Connecticut law for riders 17 and younger.  Here is a list of motorcycle helmet laws in each state.

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Merck Caught Ghost Writing Medical Articles

Based on internal company documents revealed in Vioxx litigation, JAMA authors uncover how the company, without disclosing it, compensated ghostwriters who aren’t even doctors, to create articles for professional journals that have the potential to influence doctors and popularize drugs prescribed to the public. In the 250 documents reviewed by the authors, Merck employees either working by themselves or in collaboration with a medical publishing company helped create the study on Vioxx. They would then recruit academics or leaders in the medical field to lend their name as the lead author. For scientific review papers, Merck would outline the plan for the manuscript then ghostwriters were hired from medical publishing companies, which typically pay about $20,000 per submission to the ghostwriter.

The scientist then recruited to be the named author would be offered honoraria for their participation.

This review in JAMA finds that among 96 published articles, 92 percent of clinical trials disclosed Merck,s financial support. But only half disclosed Merck’s involvement in the creation of the publication or whether the author had received compensation. In another JAMA article in the same issue, the documents suggest the company’s control of the data allowed it to downplay the risk of death from Vioxx in patients with Alzheimers disease.

Vioxx was taken off the market in 2004 but not before it was linked to an increase in heart attack and strokes. The FDA says the drug lead to up to 139,000 heart attacks, 30-40 percent of them fatal.

Litigation followed and ultimately resulted in a $4.85 billion settlement against Merck to settle U.S. cases. The internal company documents were released as part of?the settlement.

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Car Accident Trauma Can Cause Carpal Tunnel

Carpal tunnel syndrome can result from acute injury, as indicated by a retrospective study. Symptoms of carpal tunnel syndrome developed in 96 patients within 2 months after an automobile accident in a study conducted by Dr. Ames. Forty-four (44) of these ninety-six (96) patients underwent carpal tunnel release. It is believed that the mechanism of injury is blunt trauma from the steering wheel or dashboard. (see Carpal Tunnel Syndrome and Motor Vehicle Accidents, Journal of American Osteopathic Association, Dr. Elliot L. Ames, 1996)

Dr. Ames is a clinical assistant professor of surgery, division of orthopedic surgery, School of Osteopathic Medicine, Stratford, NJ. The carpal tunnel joint on the wrist are in close proximity as the hand grasps the steering wheel, and as a result, are vulnerable during impact. The injury can occur when the hand is braced on the steering wheel at the time of a front or rear-end collision. Because the base of the thumb can be injured by the steering wheel and the carpal tunnel is in close proximity, it is reasonable to calculate the carpal tunnel takes blunt trauma during impact. To learn more about this topic read: Acute Median Neuropathy After Wrist Trauma: The Role of Emergent Carpal Tunnel Release by Gregory Mack, M.D., Scott McPherson, M.D., and Bruce Lutz, M.D. This article was published by Clinical Orthopedics and Related Research, 1994.

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