Ohio Mother Awarded $10 Million In Medical Malpractice Settlement
After a two-week trial in Cuyahoga County, OH in which Elizabeth Elia brought suit against the Cleveland Clinic for negligence by the facility which resulted in the permanent brain damage of her son, the jury agreed to a total settlement payment of $15.9 million. This includes the original $10 million that Elia sought for compensation of her son’s injuries, as well as the court approved request of $4 million in legal fees and $430,000 in legal and medical expenses filed by the plaintiff’s lawyers. Lawyers for both the plaintiffs and defendants agreed to settle the case on May 1st before the verdict forms were officially signed, however the papers were accidentally placed on public file rather than becoming sealed. If the verdict had been made official by the jury, it would have been one of the largest payouts out ever in Cuyahoga County.
Online Pharmacy Business Ordered To Pay $15.8 million For False Advertising
An Atlanta Federal Judge has ordered the operators and founders of a now defunct online pharmaceutical business to pay fines totaling $15.8 million for fraudulent claims they made about their drugs to the US Federal Trade Commisision. The order also held Dr. Terrill Mark Wright responsible for false advertising claims and is to pay $15.4 million to compensate consumers for his part in promoting drugs created by the National Urological Group, the National Institute for Clinical Weight Loss Inc. and Hi-Tech Pharmaceuticals Inc. among others.
U.S. District Judge Charles A. Pannell, who issued these orders, called the violations against the FTC "numerous and grave."
Birmingham lawyer J. Stephen Salter, who represents Jared Wheat, one of the corporate officers to be held accountable, stated that his client "is doing everything by the book" and that he is "in complete compliance" with how online pharmacies are to be operated. Salter plans to file an appeal in the 11th Circuit Court of Appeals.
Vioxx Verdicts Overturned By Court In Merckâs Favor
On May 29th, an appeals court in Texas overturned a jury ruling in favor of Carol Ernst, who had sued Merck, the creators of Vioxx, after her husband Robert died from taking the drug. The appeals court decided that the plaintiffs had not proven that Vioxx was the cause of Mr. Ernst’s death. In a separate appeals court ruling in New Jersey, a ruling against Merck was greatly reduced. The court overturned the jury’s decision to find Merck guilty of committing consumer fraud and responsible for paying punitive damages. The court ruled that Merck was only responsible for paying compensatory damages to the tune of $4.5 million.
These rulings left the plaintiffs with just three minor victories against Merck of the total twenty cases against the pharmaceutical company which had reached juries. Mark Lanier, one of the plaintiffs’ lawyers, promised to appeal after criticizing the decision. However, these rulings will make little difference as the plaintiffs and Merck have already agreed to a payout of $4.85 billion to the 50,000 plaintiffs that have sued the company claiming that Vioxx was responsible for causing the drug’s users heart attacks or strokes. The plaintiffs have until June 30th to reach a final settlement agreement.