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Six and a half million dollar verdict Against Miss. Nursing Home Tossed Over Juror's Statements

By KEVIN MCVEIGH, ESQ., Andrews Publications Staff Writer

The Mississippi Supreme Court has reversed a $6.5 million verdict awarded to the family of a deceased nursing home resident against the facility's owner and corporate parents, finding the trial court failed to investigate allegations of juror misconduct.

In a 7-2 opinion the high court said a juror allegedly told fellow jurors during the trial that the same facility neglected her relative, but she did not disclose that information to the court during voir dire.

The trial court's refusal to investigate the allegations, which were raised by another juror after the verdict, jeopardized the fairness of the trial, the state Supreme Court held.

The family of Charles Edwards filed the lawsuit in the Leflore County Circuit Court against Mariner Health Care and its subsidiaries, including National Heritage Realty Inc., which owned the Greenwood Health & Rehabilitation Center.

According to the high court's opinion, Edwards suffered from severe mental retardation, autism, seizures, a swallowing disorder and chronic pneumonia. He entered the Greenwood center in December 1994 at age 40.

In 1997, after Edwards' refusal to eat led to a significant weight loss, Greenwood staff members inserted a feeding tube into his stomach. However, his body eventually stopped processing nutrients from the tube, and he lost 22 pounds. Despite this, Greenwood never ordered intravenous feeding, the opinion said.

Edwards died Feb. 16, 2002, from pneumonia-related cardiac arrest. The high court said the pneumonia resulted from volume depletion, a condition caused by lack of fluid in the body's cells.

Edwards' family alleged in their wrongful-death and negligence lawsuit that Greenwood's failure to start IV feeding caused his death.

In December 2003 a jury awarded the family $1.5 million in compensatory damages and $5 million in punitive damages

Read the rest at Findlaw

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On behalf of Pennsylvania Governor Edward G. Rendell, Health Secretary Dr. Calvin B. Johnson joined Department of General Services Acting Secretary James Creedon and a host of state government agency representatives to announce $2.2 million in savings through the multi-agency Health and Human Services Call Center (HHSCC).

Of importantce to readers of this blog is the call center established for information on brain injury. The brain injury call center (1-866-412-4755) acts as an information and referral clearinghouse and provides information and resources about the condition and treatment of brain injuries, protection and advocacy services, local support groups, as well as links to other websites, and offers referrals to community and State resources in addition to the Brain Injury Association of Pennsylvania.

There is a wealth of other services offered. Read the Health, Human Services Call Center press release here and visit the

FDA Opens VIOXX Information Page

Did you know the FDA maintains a web page on Vioxx and its recent withdrawal from the market? If you have other questions about Vioxx or are looking for a Vioxx lawyer, you can call my law firm, Kirk Benrard Law Offices at 1-800-CALL-KIRK if you used Vioxx and suffered any of the following side effects:

Heart attack;

Stroke;

Blood clots;

Deep vein thrombosis;

Pulmonary embolism.

We are attorneys who have had years of experience with pharmaceutical litigation like lawsuits against Merck, which manufactured Vioxx--as your Vioxx attorneys, we can help!

Pfizer Says Bextra May Increase Risk of Heart Attack and Stroke

Pfizer Says Bextra May Increase Risk of Heart Attack and Stroke
Source: PR Newswire
Published: October 15, 2004
Pfizer, the world's largest drugmaker, on Friday warned doctors that its arthritis drug Bextra might increase the risk of cardiovascular events, including heart attack or stroke, in coronary bypass surgery patients.

The news comes just two weeks after Merck pulled its arthritis drug Vioxx from all worldwide markets after a study confirmed that it increases a patients' risk of heart attack or stroke.

Bextra and Vioxx are members of the Cox-2 inhibitor class of drugs, which are used for the reduction of pain and inflammation caused by arthritis.

The company also updated Bextra's warning label to include information regarding the risk of a very rare but serious skin reaction called Stevens-Johnson syndrome. In a press release, Pfizer said this risk exists with Bextra primarily within the first two weeks of therapy and, while very rare, at a reported rate greater than other COX-2 products, such as Celebrex.

Bextra was approved and introduced in the U.S. market in 2001.

Comes courtesy of Legal News

Pfizer Agrees to Pay $430 Million to Settle Asbestos Claims

Pfizer Agrees to Pay $430 Million to Settle Asbestos Claims
Source: PR Newswire
Published: September 03, 2004
Pfizer Inc., the world's largest drugmaker, said on Saturday that the company and its wholly owned subsidiary, Quigley Company, Inc., have agreed to pay $430 million to resolve all pending and future claims against the companies in which claimants allege personal injury from exposure to Quigley products containing asbestos, silica, or mixed dust.

Quigley was acquired by Pfizer in 1968 and sold small amounts of products containing asbestos until the early 1970s, Pfizer said in a statement.

Specifically, the companies have taken three steps:

1) Reorganization plan: Quigley will file a Chapter 11 reorganization plan in the U.S. Bankruptcy Court for the Southern District of New York that must be approved by the court and confirmed by a vote of 75 percent of the claimants. In connection with that filing, Pfizer has entered into settlement agreements with lawyers representing more than 80 percent of the individuals with claims against the two companies that provide for a total of $430 million in payments.

2) Establishment of Trust: The reorganization plan will establish a trust for the payment of all remaining pending claims as well as any future claims alleging injury from exposure to Quigley products. Pfizer will contribute $405 million to the Trust over 40 years through a note, as well as approximately $100 million in insurance. Pfizer will also forgive a $30 million loan to Quigley.

3) Permanent injunction: If approved by the court, the reorganization plan will result in a permanent injunction directing all future claims alleging personal injury from exposure to Quigley products to the Trust.

"The steps we announce today will, with court approval, establish a responsible and orderly process for the fair payment of these claims, while at the same time minimizing the costs, risks, and distractions of litigation that has spanned several decades," said Jeff Kindler, Executive Vice President and General Counsel, Pfizer.

Read Full Story at PR Newswire