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S.C. man settles with doctors over shoulder problems

November 10, 2009

Bruce White hauled thousands of gallons of gas a day for years. These days, carrying a gallon of milk is a challenge for the Union County man.

 

White worked 15-plus hours many days, manhandling hoses that, full of fuel, weighed more than 200 pounds to deliver petroleum products. He loved his job and took pride in it. December will mark the sixth year since the 51-year-old has had that joy.

 

“I’m embarrassed by what I am no longer capable of doing,” he said Friday. “I loved my work. I wish I could drive now.”

 

White injured his shoulder trying to dislodge stuck valves on his tanker truck in March 2003. He re-injured it that December and underwent three unsuccessful surgeries in 2004. The second and third surgeries were done by Steadman Hawkins Clinic of the Carolinas in 2004.

 

Read Article: The Myrtle Beach Sun News

 

PepsiCo Off Hook for $1.26B as Court Reverses Default Judgment

A default judgment that required PepsiCo to pay $1.26B to two men who claimed the soft-drink giant stole their idea for bottled water was overturned today by a Wisconsin court.

 

PepsiCo, which received material about the lawsuit at an office in the state in which it is incorporated, rather than its New York headquarters, didn’t respond to the filing until after the default judgment was issued. Today’s ruling allows the company to defend the litigation, which will now proceed toward a new trial, according to the Associated Press and WKOW-TV, a local ABC News affiliate.

 

The news agency could not reach a lawyer for the two plaintiffs for comment.

 

Read Article: American Bar Association Journal

 

Caterpillar settles lawsuit over 401k fees

Caterpillar has agreed to pay $16.5 million to settle a lawsuit alleging that its 401k plans charged excessive fees to employees. Cat’s news release says the money, minus attorneys’ fees and costs, will go into the accounts of employees and former employees.

 

The suit was filed in 2006 by St. Louis attorney Jerome Schlichter, who also is suing 10 other large companies over excessive 401k expenses. In Caterpillar’s case, the suit alleged that the plan charged excessive fees, kept too much cash in a company-stock fund, and had a conflict of interest because some money was invested in funds run by a Caterpillar subsidiary.

 

In addition to the cash settlement, Caterpillar agreed to improve the way it communicates with employees about investment options and fees.

 

Other companies targeted by Schlichter’s class-action suits include Deere, Exelon, International Paper and Lockheed Martin.

 

Read Article: St. Louis Post Dispatch

 

Widow’s lawsuit faults delay in veteran’s medical care

Roberta Minard goes to court today in an unusual wrongful-death lawsuit against the U.S. government. Minard says the government delayed critical medical services for her husband, a Vietnam veteran, in his time of need.

According to the lawsuit, J.R. Minard of Unionville, Ia., died in 2004 after the Iowa City Veterans Affairs Medical Center canceled a medical helicopter flight on its way to pick him up, delaying critical surgery to remove a blood clot in his leg by four hours.

 

“They didn’t have any trouble finding the helicopter when it was time for him to go to Vietnam,” Roberta Minard said.

 

Read Article: DesMoines Register

 

Toyota Sued by Consumers Over Sudden Acceleration of Vehicles

Toyota Motor Corp. has failed to correct a problem with the throttle control system on some of its vehicles, causing them to suddenly accelerate, lawyers for consumers said in a lawsuit.

 

Los Angeles residents Seong Bae Choi and Chris Chan Park, who claim they experienced multiple instances of unintended acceleration, filed the suit as a class action on Nov. 5, seeking to represent all U.S. owners of certain Toyota and Lexus models.

 

Toyota last month said it would recall as many as 3.8 million vehicles including Lexus ES luxury cars, Camry sedans and Prius hybrids over a potential flaw in which floor mats shifting out of position could jam the accelerator pedal. The mats aren’t the problem, plaintiff’s lawyer David Wright said.

 

Read Article: Bloomberg

 

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