Archive for News – Page 82

Birth Defects Research Center Sues to Keep Employee Names Private

Employees at the University of Washington’s Birth Defects Research Center filed a federal class-action lawsuit to prevent release of their names. The employees fear harassment and violence from anti-abortion activists because the Center uses fetal tissue in its research.

The Center’s workers seek an injunction to prevent the sharing of their names with an anti-abortion group, Center for Medical Progress, that filed a public disclosure request. The PDR also covers home addresses and home phone numbers of the employees. According to the lawsuit, the plaintiffs would willingly release laboratory documents and invoices, but with employee names removed.

After the release last summer of edited videos purportedly of Planned Parenthood representatives selling fetal tissue, the Center’s workers concern for their safety increased. Since 1964, the federally funded Center has collected and distributed donated fetal tissues for research conducted by academic and non-profit research facilities. Its tissue collection includes donations from miscarriages, stillbirths and abortions. Some of its tissue donations come from a Washington state Planned Parenthood clinic.

According to the Seattle Times, during 2014, the Center collected 596 fetal samples from two local hospitals and seven clinics. These were donations by consent of the women who had carried the fetuses. Of the 3,000 abortions performed at the Washington state Planned Parenthood clinic that donates to the Center, 20 women donated tissue. The Center does not purchase or sell tissue. In 2014, it distributed 1,109 fetal tissues to more than 60 researchers. Its funding, $700,000 per year, comes from the National Institutes of Health.

The plaintiffs number about 150, including employees of the Center, and its affiliates, Evergreen Hospital Medical Center, Planned Parenthood of Greater Washington and Idaho, the Planned Parenthood Federation of America, and the Cedar River Clinics. The lawsuit cites prior violent actions by abortion activists as reason to withhold the employees’ personally identifiable information. It specifically cites the November 2015 Colorado Springs shooting at a Planned Parenthood office that resulted in three deaths and wounded nine as an example.

The lawsuit names as defendants the University of Washington, and David Daleiden and Zachary Freeman of the Family Policy Institute of Washington. U.S. District Judge James Robart serves as presiding judge, but has not yet scheduled a hearing.

Jury Sends Message to Healthcare Industry with $16 Million Award

After a two-week trial, held before Jefferson County Circuit Judge Joseph Boohaker, and ten hours of deliberation, a Jefferson County jury awarded the Malatesta family $16 million in a medical negligence and reckless fraud lawsuit against Brookwood Women’s Medical Center and its parent company, Tenet Healthcare Corporation.

The jury awarded Caroline Malatesta $10 million in compensatory damages for the pudendal neuralgia nerve injury she suffered during childbirth. Her husband was awarded $1 million for loss of consortium.  The award included $5 million in punitive damages for medical negligence and reckless fraud linked to the hospital’s 2012 natural birth advertising campaign.

In 2011, Caroline Malatesta, pregnant with her fourth child, became interested in natural childbirth after seeing a television ad.  According to the lawsuit, the marketing campaign, including the ad in question, was not reviewed by medical staff and did not undergo an internal fraud review process before being aired.

Caroline and J.T. Malatesta were represented by Birmingham attorneys David Marsh and Rip Andrews.  In response to the verdict, Marsh said that “While the verdict is large, it is consistent with the costs and future costs for Mrs. Malatesta’s care and treatment for chronic debilitating pelvic pain caused by the birthing procedure.”

According to a blog post on the law firm’s website, “The Brookwood ads emphasized a mother’s choice, individual birthing plans, freedom of movement and even mentioned water births. Caroline met with her newly chosen doctor at Brookwood and asked lots of questions before finally committing to a delivery at Brookwood…Caroline had no freedom of movement; instead, she was restrained, sometimes forcibly”.

While the baby was not injured during the delivery, according to attorney Rip Andrews, the jury concluded that her permanent nerve injury was a direct result of the actions of medical staff to delay delivery for 6 minutes until her doctor arrived.  In response to the verdict, he said “I’ve never seen a jury more committed to doing the right thing.”

If the verdict stands after post-trial review by the judge, the hospital could file an appeal with the Alabama Supreme Court. The lawsuit, filed in 2014, was one of several filed in recent years against Tenet, which has also been under federal investigation for charges of healthcare fraud.

Property Owners Sue Pokémon Go Players in Federal Court

A lawsuit against Niantic Inc. and Nintendo Co., the makers of  “Pokémon Go,” was filed in federal court on Friday in California. In an effort to keep “Pokemon Go” players away from his property, Jeffrey Marder, a California resident from West Orange, New Jersey, claims that users of the smartphone app known as Pokémon Go have been loitering on his property since the release of the game in July 2016. According to the suit, at least five people, whom he identified as complete strangers, have knocked on the front door of his private residence requesting access to the backyard of his home to catch a Pokémon placed there virtually by the game. The defendants “have shown a flagrant disregard for the foreseeable consequences of populating the real world with virtual Pokémon without seeking the permission of property owners.”  The suit is currently seeking class action status to include others with Pokemon “stops” and “gyms” located on their private property.

Pokestops-safty-concern-child-care-center-quoteDesignated locations within the game called “Pokestops,” require that players visit each of one the sites to receive rewards, and it appears that even more sensitive locations, such as the U.S. Holocaust Memorial Museum haven’t been spared the intrusion. Holocaust Memorial spokesman Andrew Hollinger said that the museum has been subsequently removed from the game per its wishes. Hiroshima Peace Memorial Park in Japan, as well as the Arlington National Cemetery in Washington, D.C., have also requested removal from the “Pokémon Go” location maps.

“Pokestops” became a serious safety concern when a large number of strangers were sighted walking about the grounds and parking lot of the Little Blessings Child Care Center. The Portsmouth Herald reported that daycare director Diane Lewis sent letters to parents and its two dozen employees alerting them of the potential danger. The daycare has since taken action to be removed from the game. Another complaint to the “Pokemon Go” company came from a daycare center in New Hampshire and was reportedly removed from the game after repeated incidences of strangers lurking about the property.

Spokespersons for Niantic Inc. and Nintendo Co. were not immediately available for comment. However, Pokémon Company Marketing director J.C. Smith stated in an interview this week that updates are currently being made to the game.

Lawsuit Claims Arizona Denies Medicaid Benefits to Eligible Immigrants

A recently filed lawsuit alleges that the State of Arizona denies Medicaid benefits to immigrants that are eligible for the Medicaid benefits that Arizona denies them. The lawsuit, filed on behalf of eligible immigrants who claim that they suffered denial of full Medicaid benefits, alleges that eligible immigrants also received a downgraded status.

In 2012, the office of Arizona Governor Jan Brewer reacted to a federal ruling that determined “Arizona must deny ‘dreamers’ Medicaid.” AzCentral reported that the ruling addressed “Illegal immigrants who receive temporary reprieves from deportation.” The ruling did not seek to deny Medicaid to legal immigrants who met requirements for Medicaid benefits.

Dulce Matuz, who came to the U.S. as a teen said at the time, “What Governor Brewer is trying to do is attack defenseless young children and youth just to gain some political points.”

The most recent action taken by Arizona resulted in the lawsuit. The lawsuit, filed by the William E. Morris Institute for Justice and the National Health Law Program alleges that thousands of eligible immigrants lost their eligibility and received downgraded status making them eligible for emergency-only Medicaid benefits. The suit also claims that the Arizona Health Care Cost Containment System (AHCCCS) admitted to errors discovered in October 2015, yet downgraded immigrants again, denying eligible immigrants the same full Medicaid benefits that other eligible recipients receive. The lawsuit also claims that Centers-for-Medicare-Medicaid-Services-quotethe immigrants did not receive proper notification regarding why the AHCCCS denied their renewal of Medicaid benefits.

The Centers for Medicare & Medicaid Services states, “Immigrants who are ‘qualified non-citizens’ are generally eligible for coverage through Medicaid and the Children’s Health Insurance Program (CHIP), if they meet their state’s income and residency rules.” However, Centers for Medicare & Medicaid Services also explains, “Refugees, asylees, or LPRs who used to be refugees or asylees don’t have to wait 5 years.”

The Albuquerque Journal published information from the Associated Press, which states that the deputy director of the AHCCS said she could not comment on the pending litigation.

The primary plaintiffs of the lawsuit, filed in U.S. District Court, are Aita Darjee, originally from Nepal and Alma Sanchez Haro. The lawsuit seeks class-action status.

 

 

 

 

 

Cosby Drops Breach Of Contract Lawsuit Against Accuser

Longtime comedian and actor, Bill Cosby has dropped the lawsuit filed back in February of this year against Andrea Constand.  The lawsuit stated that Andrea Constand breached the terms of an agreement made back in 2006. Constand and her lawyer Dolores Troiani willingly cooperated with the Montgomery County district attorney’s criminal investigation into sexual assault allegation against Cosby in 2004.  The agreement “expressly prohibited such cooperation, according to Cosby’s lawsuit.” He denies all charges.

The lawsuit was pursued to recover the money he gave in a confidential financial agreement to Constand. The dismissal was filled July 28th   in U.S. District Court for the Eastern District of Pennsylvania. Cosby’s lawyer said in a statement that he has “stepped away from that suit and will instead focus his efforts on defending himself against the claims that have been lodged against him.”

Cosby also included Constand’s second lawyer, Bebe H. Kivitz and Constand’s mother in the lawsuit.  He claimed that they also broke that confidentiality agreement.  A ruling made this month said that Cosby could not sue them based on the charges that they had cooperated with law enforcement in connection with Constand’s criminal accusations against him.

Cosby faces a trial with three counts of felony aggravated indecent assault from the 2004 case concerning Constand, who is an employee at Temple University, Cosby’s Alma mater. Troiani said “The dismissal of the lawsuit was a win for Constand and her mother, Gianna Constand and it is a victory for all of the victims.”

Additionally, Cosby’s lawsuit also involved American Media Inc. (owner of the National Enquirer) The comedian claimed American Media Inc. continued to publish several stories about Constand’s claims regarding Cosby, even though there were clear requirements in the agreement to not publish any stories relating to certain allegations made.

Cosby also claimed of another violation when Constand gave an interview to the National Enquirer. Vice president and chief content officer at American Media Inc., Dylan Howard, said “We were always confident that AMI had not breached any agreement with Mr. Cosby, and we are pleased that he has decided not to pursue the litigation further.”

Costand’s claims are the first to result in charges being filed, out of over 50 women who have accused Cosby of sexual misconduct.

The New York MTA Will Sue City for East Harlem Fire That Wreaked Havoc for Metro-North Commuters

A neighborhood plant nursery, a place to pick up soil for windowsill herb gardens or some potted plants to give as a housewarming gift, hardly seems the sort of place likely to house the materials capable of creating an explosive situation, but on May 17, the Urban Garden Center in East Harlem turned out to be combustible. Workers mistakenly poured gasoline onto a generator, causing the lot, which the garden center used to store materials that included flammable fertilizer and wood pallets, to be quickly engulfed in flames. The four alarm fire occurred directly underneath Metro-North train tracks, severely disrupting service to three lines: the Hudson, Harlem and New Haven, all of which run out of Grand Central Station to points north.

MTA-fire-lawsuit-NY-quoteWhile no one was injured, the fire left between 30,000-40,000 commuters stranded in Grand Central on that Tuesday evening, as the MTA worked through the night to try and make enough repairs to allow for limited service for the morning commute on the following Wednesday. In the end, serious structural damage led to major delays and disruptions for a few days for the tens of thousands of people who use those lines during each weekday commute. Now, the MTA has warned that they will file a lawsuit against the city of New York.

Last Wednesday they filed a notice of claim, stating that the fire was due to the city’s “carelessness, negligence and recklessness” in allowing the storage of flammable and explosive substances underneath the elevated railroad tracks. Soon after the accident, Urban Garden Center, was served with four summonses for its storage of gas and propane and an illegal generator. They have since renegotiated their lease and remain open on the same land, which is owned by the Economic Development Corporation of the city, which has also been specifically named in the suit. While the MTA has not commented on the exact amount of damages it will seek in its suit, it has said that it is looking to recoup the lost income from the period of time when the trains were not running, or running at diminished capacity, as well as the cost of repairs to the tracks from the fire.

Both David Mayer, the MTA’s chief safety officer, and a spokesman for the mayor’s office have both stated that in the wake of the fire, an office has been set up to monitor and regulate safety measures regarding the property underneath the train tracks.

UNC School Of The Arts To Allow Graduate Student To Return After Legal Settlement

The idea of giving special treatment to people with disabilities is somewhat controversial. The UNC School of the Arts has had to deal with this issue over the past two years while dealing with a lawsuit from Erin Dickinson, a former graduate student.

Dickinson, a Pennsylvania native, believes that the institution has discriminated against her due to her medical conditions. She suffers from poly-cystic ovary syndrome and migraine headaches, both of which conditions caused her a great deal of debilitating suffering while she attended the school and led to her missing classes. She alleged that the instructors and administration of the school discriminated against her by penalizing her for those absences. In her 26-page complaint, she said that the school played a role in a sequence of actions that led to her expulsion in 2011. The lawsuit was initially filed in the Forsyth Superior Court, but it was moved to the US District Court, as Dickinson claimed that the institution had violated her rights according to the federal American with Disabilities and Rehabilitation acts.

Dickinson had requested that a federal court order that the school clear her academic record and award her a master’s degree or set fair terms for her to complete one at this point.

UNC-teacher-Colavecchia-quoteOne of the defendants, Franco Colavecchia, is a now-retired set design teacher who gave Dickinson an incomplete grade in the spring of 2009. The registrar’s office changed his grade to an F in 2010 because she had not completed the requirements for that course within the academic year. The university has agreed now not to calculate this grade as a part of her GPA. Colavecchia does not agree with the outcome of this lawsuit and believes that the school is not abiding by its own rules. He stated during a telephone interview, “She failed — end of story.”

Dickinson can be readmitted to the school this fall to finish her master’s degree in fine arts and will not be required to live in Winston-Salem while pursuing this degree. The school has also agreed to give her $5,000 in scholarship funds for her thesis and to pay $35,000 of her attorney fees. However, other monetary damages are not included in this settlement.

Dickinson agreed on the settlement on June 24, which was 17 days before the trial was supposed to start in US District Court.

Texas Bends to Pressure from Immigrants to Grant Birth Certificates

Though many people take for granted that anyone born on United States soil is legally entitled to a birth certificate, this is not always the case. The 14th Amendment to the Constitution guarantees citizenship to anyone born in the country, but Texas has made it very difficult for undocumented immigrants to obtain birth certificates for their children born in the US.

In 2015, a large number of Mexican and Central American individuals sued the state of Texas for denying their children birth certificates. Texas officials responded by agreeing to make a longer list of documents acceptable for presentation when trying to obtain birth certificates.

As a result of not being able to obtain birth certificates, many of these children were denied medical services that they needed, and other families had difficulties registering for Section 8 Housing and Head Start.

Previously, parents who did not have forms of identification issued in the US had been denied birth certificates. However, the list of documents that qualify for these purposes has now been significantly expanded. Parents must present a form of secondary identification, such as national identification or a voter registration card from their home country, and two supporting documents. Acceptable supporting documents now include school transcripts, library cards, cell phone bill, auto insurance cards, leases, and recent utility bills, among many others.

However, registrars in Texas will still not be accepting matriculas, or consular identification cards that are often issued to foreign nationals, though many other states do accept them.

This new agreement, while not altering the state policies, makes it much easier for parents to obtain birth certificates for their US born children.

Opinions of this change in procedure are mixed. This is happening at a time when many conservatives, including Donald Trump, are expressing consternation over the number of individuals who are entering the country illegally. Jon Feere, legal policy analyst at the Center for Immigration Studies in Washington, States, “This is yet another example of how our institutions are being asked to accommodate foreigners who think they are above the law. This entire issue could be avoided if people entered our country lawfully.”

However, many support the recent legal changes. Juan Hinojosa, State Senator, believes that they represent “a step in the right direction.”

Settlement reached in fatal shooting of black man by Bridgeton police

The family of Jerame Reid reached a tentative settlement in a federal lawsuit filed after Bridgeton police officers shot and killed the 36-year-old black man.

During a 2014 traffic stop, Officer Braheme Days, who is black, fired the fatal shot that killed Reid. Officer Roger Worley, who is white, also fired at Jerame Reid but missed. The officers shot Reid after he refused to obey their orders to stay in his vehicle during a traffic stop. The family subsequently filed the suit, alleging deadly force and civil rights violations. Dashcam video recorded the shooting and although the dashcam shows the officers firing at Reid, a Cumberland County grand jury failed to indict either of the officers.

The Times Union reports details provided by David Porter of the Associated Press who says that under the settlement, Jerame Reid’s widow receives $200,000, including legal fees. His infant son receives periodic payments upon reaching the age of 18. Those payments total $1.5 million. Both Jerome Reid’s mother and the mother of his son receive $70,000 each.

This settlement is not the only settlement recently announced concerning the Bridgeton, N.J. Police Department and Jerame Reid. In 2015, New Jersey Online announced a $340,000 settlement reached as the result of a suit filed in U.S. District Court in January 2011 by Reid, alleging assault by police and corrections officers when Reid was in the Cumberland County Jail.

Reid claimed that officers kicked and punched him and threw a bucket of cold water on him, even as he lay curled up on the floor of his cell. As a result, he suffered broken ribs, nerve damage in his face and other injuries. Cumberland County awarded the $340,000 settlement to Jerame Reid’s widow.

The Jerame Reid lawsuits resulting in the injuries and death of Jerame Reid are just two in a series of lawsuits against Bridgeton, NJ police officers, including a lawsuit filed by 45 year-old Marella Lawson who settled her case for $690,000 in April 2016, says the Daily Journal. Bridgeton officers assaulted her during two separate arrests, both involving the same police officer. As in the case of the Jerame Reid lawsuits, Bridgeton officers continue to deny all liability.

FedEx and Company Driver are Named in Road Rage Lawsuit

Road rage can affect drivers of any size vehicle, including semis. It can also come back to haunt a driver years later. Such is the case that has just been filed for a 2014 incident between a Fed Ex driver and another semi driver. A truck driver by the name of George Reich has filed a lawsuit against FedEx and also one of their drivers, Rick Crum.

FedEx-driver-lawsuitIn the lawsuit, Reich claims that in November of 2014, FedEx driver Crum began tailgating him on Interstate 5 in Southern California. Crum continued to tailgate for several miles before passing Reich at speeds in excess of 55 mph. California has a 55 mph speed cap for semis.  While passing him, Crum obscenely gestured at Reich. After passing Reich, Crum abruptly swerved into Reich’s lane and slowed down to 45 mph, causing Reich to brake.   Both drivers then pulled over.

During the time the drivers were on the side of the road, Reich tried to photograph Crum’s license plate with his phone. Crum forcefully knocked the phone from Reich’s hand. Reich also stated that Crum punched him. It is unclear as to which blow was strong enough to knock Reich to the ground. Reich claims that during the time of the altercation, he tried to remain calm at all times.

Reich has filed his lawsuit with the Los Angeles Superior Court. In the suit, Reich alleges emotional distress caused by intentional and negligent infliction, negligence, assault, and battery. Since this lawsuit has become publicized, attorneys for either party have not been available for comment.

FedEx stated it “holds its service providers to high standards of safety and professionalism. We cannot comment on the specifics of these allegations while they are under review.”

It is unknown if any tickets or citations were issued at the time of the initial incident for reckless driving or the indicated assault.

Road rage is a catch-all phrase used to describe violent or aggressive behaviors of motorists. There is no set “road rage” law in California, but due to the nature of the behaviors of Crum, a lawsuit was permissible.