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Court weighs amputee's case; limits on drug suits
Court Feed News | 2008/11/03 23:34
The Supreme Court appeared likely Monday to decide an amputee's lawsuit against a drug maker based on how much federal regulators knew about an anti-nausea drug's risks in the event of a botched injection.

Several justices indicated that if the U.S. Food and Drug Administration had clear information about the risks of Wyeth Pharmaceuticals' anti-nausea drug Phenergan, and approved its warning label anyway, then Wyeth probably would prevail in its court fight against Diana Levine of Vermont.

But there was considerable skepticism among the justices — and disagreement between the opposing lawyers — that the FDA had a clear picture of the disastrous consequences of improperly giving Phenergan by an intravenous method of injection known as IV push, the fastest way to bring relief to nauseated patients.

"How could the FDA have concluded that IV push was safe and effective," Justice Samuel Alito asked, given that Phenergan is not a lifesaving drug and gangrene can result from improper administration?

Justice Ruth Bader Ginsburg chimed in, "No matter what benefit there was, how could the benefit outweigh that substantial risk?"

Levine, a guitar- and piano-playing musician from Vermont, was in the courtroom for Monday's arguments in Wyeth's appeal of a $6.7 million verdict she won from a state jury.

The jury agreed with Levine's claim that Wyeth failed to provide a strong and clear warning about the risks of IV push, which include that gangrene is likely if the injection accidentally hits an artery. That is precisely what happened to Levine.

The company appealed and, backed by the Bush administration, argued that once a drug's warning label gets FDA approval, consumers cannot pursue state law claims that they were harmed.



Court won't review Golden Venture smuggling case
Court Feed News | 2008/11/02 23:36
A woman convicted for her role in a smuggling conspiracy that ended with the deaths of 10 Chinese immigrants has lost a Supreme Court appeal.

Cheng Chui Ping, better known by her nickname, Sister Ping, was sentenced to 35 years in prison, for heading a large alien smuggling operation. The justices did not comment Monday in denying her appeal of her money laundering conviction.

The conspiracy came to light only after the Golden Venture ran aground in New York City in 1993 in an attempt to unload the 295 passengers crammed inside. The ship's captain deliberately ran aground when no one showed up to meet the passengers. Ten immigrants died trying to swim to shore, while dozens suffered hypothermia and other injuries.

Prosecutors said Sister Ping was a key player in the conspiracy that exploited and abused immigrants, in many cases charging them tens of thousands of dollars for the trips, to be collected from their wages once they arrived in the United States.



Amputee awaits high court, wants musical glow back
Lawyer Blog News | 2008/10/31 16:19
When Diana Levine turned 63 recently, her daughter made her a birthday card, drawing on Greek mythology with an illustration of Diana the Huntress, her bow string drawn taut, an arrow ready to fly. But the arm pulling at the bowstring was amputated below the elbow — just like Diana Levine's — and the target was labeled the "Wyeth monster." That's Wyeth as in Wyeth Pharmaceuticals, the company Levine blames for a botched injection of the Wyeth-made drug Phenergan that led doctors to amputate her right arm in 2000.

Levine, once a professional guitar player and pianist, now plays with one hand and sings. "It's about getting my glow back," she said recently as she was awaiting a hearing Monday before the U.S. Supreme Court, where Wyeth is appealing a $6.7 million verdict in her favor.

The outcome of Levine's case could have major ramifications for drug makers and consumers. The court is expected to decide whether people can sue under state law — or are pre-empted from doing so — for harm caused by a drug approved by the federal Food and Drug Administration.



US appeals court weighs local Pa. law on illegals
Court Feed News | 2008/10/31 16:19
Lawyers for a small eastern Pennsylvania city asked a federal appeals court Thursday to uphold a local law that would keep illegal immigrants from working or renting apartments there, in a case with national implications.

Cities and municipalities across the country have adopted laws similar to the City of Hazleton's 2006 ordinance. However, a federal judge later called the Hazleton law unconstitutional, and its provisions are not being enforced.

On Thursday, a lawyer for the former coal town argued that the ordinance would not conflict with federal immigration policy set by Congress. But an American Civil Liberties Union lawyer argued that municipalities should not be allowed to set varying standards and restrictions for illegal immigrants.

Congress, in crafting U.S. immigration law, aims to strike a balance between the rights of immigrants, foreign policy concerns, national security and other competing interests, ACLU lawyer Omar C. Jadwat told the three-judge panel.

"That's going to be impossible if Hazleton and other cities strike their own balance," Jadwat said.

The city's Illegal Immigration Relief Act would impose fines on landlords who rent to illegal immigrants and deny business permits to companies that give them jobs. It would also require tenants to register with City Hall and pay for a rental permit.



Obama campaign uses star power to court volunteers
Law & Politics | 2008/10/31 13:19
Edie Falco is fidgeting and looks nervous. The star of "The Sopranos" admits to her North Carolina audience that she's a product of lower Manhattan who barely understands voters above 14th Street. She talks for just five minutes and never mentions John McCain or George Bush.

"I've never had any intentions of trying to change anybody's mind," says Falco, a Barack Obama supporter. "I've heard a lot of celebrities talking about politics who, in my estimation, are not qualified to do so."

She adds, "Frankly, I'm embarrassed sometimes that they are representing my ilk, if you will."

For the seemingly endless number of celebrities who back Obama, trying to persuade people who already support the Illinois senator to volunteer for his campaign is as important as swaying undecided voters.

Four years ago, rocker Bruce Springsteen was the face of celebrity politics, making his first public endorsement of a candidate with a column in The New York Times before leading a series of swing-state concerts to urge a vote for Democratic nominee John Kerry.



Rail agency sues contractor over LA collision
Headline News | 2008/10/31 08:20
The Southern California Regional Rail Authority has filed a lawsuit against a contractor stemming from the deadly collision of one of its Metrolink commuter trains and a freight train on Sept. 12.

The contractor, Connex Railroad, provides the engineers who run Metrolink trains.

Investigators have said the Metrolink train went through a red signal and its engineer had repeatedly sent text messages on duty that day — one just seconds before the impact that killed 25 people.

Rail authority board Vice Chairman Keith Millhouse says the suit was filed Thursday in federal court. He declined to comment further on it.

A Connex spokeswoman says she hasn't seen the lawsuit.



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