Brystal-Myers Squibb Consequences Reverberating Across the Country

The effects of the Supreme Court decision in Brystol-Myers Squibb that limited the jurisdictional reach of state courts from this summer is already having dire consequences in the real world. An Alabama woman, who died before her case was heard against Johnson & Johnson, had won a $72 million dollar verdict claiming that talcum powder caused her ovarian cancer. That verdict has now been set aside. 

Her case was filed in Missouri state court. The plaintiff, Jacqueline Fox, claimed Missouri courts had jurisdiction because the talcum products were sold in Missouri, or because the claims were joined with those of other plaintiffs injured in the state.

The court of appeals disagreed, citing the Supreme Court precedent as well as a Missouri Supreme Court case. The appeals court also said it was too late for plaintiffs’ lawyers to suggest a different basis for jurisdiction that was based on a Missouri company that allegedly manufactured talc products.

The award to Fox’s family is among $300 million in verdicts obtained by plaintiffs suing in Missouri state courts over cancer allegedly caused by talcum powder. All of these verdicts are now in jeopardy. 

NHTSA Releases Data For 2016

The National Highway Traffic Safety Administration (NHTSA) recently released the data for motor vehicle crashes in 2016.

Here are some of the key facts:

·        In 2016, there were 4,317 truck crash fatalities.

o   An increase of 28 percent since 2009 (3,380 truck crash fatalities)

·        In 2016, there were 722 truck occupant fatalities

o   An increase of 45 percent since 2009

·        In 2016, there were 369 pedestrians killed in large truck crashes

o   An increase of 42 percent since 2009

·        In 2016, there were 87 bicyclist killed in large truck crashes

o   An increase of 55 percent since 2009

·        In 2016, large trucks were involved in 27 percent of all fatal work zone crashes

If you or a loved one was injured in a car crash, contact Booth Samuels at 1-866-515-8880 or by email at booths@pittmandutton.com for a free consultation.

BlueCross BlueShield of Alabama Fined $8M for Overcharging Small Groups

Blue Cross Blue Shield of Alabama was hit by state regulators with an $8 million penalty for charging rates that differed from those approved by the Alabama Department of Insurance from 2005 to 2013. The difference in rates occurred in about 1,400 plans issued to small group employers - those with two to 50 employees - and some COBRA plans for former employees. Attorneys involved in an anti-trust violation case said the practice violated state laws that require rates to be filed and approved by insurance regulators.

The rate variances were mismatched, resulting in undercharges of almost $107 million and overcharges of almost $33 million, according to the order issued on August 16th by the Alabama Department of Insurance. The $8 million assessment, as it was described in the order, was levied because the company failed to inform the department of insurance about its methods for raising or reducing rates. The company must also pay $100,000 to the department for costs related to the investigation.

The Blue Cross Blue Shield statement reported that refunds have been made to more than 1,400 small business customers and 2,200 COBRA customers. The company will not seek reimbursement from customers who were undercharged. Customers who believe they were overcharged by the company can make a claim to the Alabama Department of Insurance within the next two years.