Drug Makers Fail To Disclose Zetia’s Serious Health Risks

Drug makers Merck and Schering-Plough never published the results of studies regarding Zetia, an anti-hyperlipidemic drug often prescribed to lower cholesterol levels. The studies raise issues about Zetias effect on the liver. Enhance, one research study of Zetia, was completed in April of 2006.

The results of Enhance have recently been discovered. The study contains information about Zetias risks on the liver. Some patients showed elevated liver enzymes and were dropped from the study. Merck and Schering-Plough who have been criticized for not releasing the results of the Enhance study, are said to probably earn around $5 billion from Zetia … Read the rest

New York’s Passenger Bill of Rights Survives Challenge by Airline Industry Trade Group

Now that we are moving past the holiday season and into the heart of winter, it is warming to know that the New York “airline passenger bill of rights” has survived an industry trade group’s challenge to the law, which requires airlines, after a pre-takeoff delay of more than three hours, to ensure passengers, as needed, get electric generating service for fresh air and lights, waste removal to service restroom holding tanks and adequate food, drinking water and other refreshments. The law also creates an advocate for airline passengers within the Consumer Protection Board and empowers the state attorney general … Read the rest

Concussions and the NFL: Legal Liability for Rushing a Player Back to Play Too Soon?

It is indisputable that cerebral concussions are commonly sustained by football players, professional or amateur. As time has gone by, concussions have gone from being considered relatively minor injuries to becoming a cause of deep concern for long-term cognitive problems that often result therefrom.

An interesting article in The New York Times last week by Alan Schwartz about the recent concussion sustained by Pittsburgh Steelers quarterback Ben Roethlisberger and the expertise of concussion management at the University of Pittsburgh Medical Center pointed out some apparently significant differences between how concussions are dealt with in the National Football League as compared … Read the rest

New York Sacks Tampa Bay Buccaneers Consumer Fraud That Denied Giants’ Fans Tickets to This Weekend’s Playoff Game

New York Attorney General Andrew M. Cuomo, citing concerns about consumer fraud and other improprieties and potential illegalities, has convinced the Tampa Bay Buccaneers and Ticketmaster to stop its policy of selling tickets to this Sunday’s playoff game only to Florida residents.

According to Cuomo, Ticketmaster’s restriction of sales to one state was unprecedented. Attorney General Cuomo referred to “interstate commerce issues” and cited consumer fraud, including prohibitions against “states discriminating against other states’ residents or impeding business by other states.” The Bucs relented, sheepishly calling it “good will”. Now all the Giants have to do is win the game.… Read the rest

Third Department Applies Most Stringent Standards to Protect Students From Teachers’ Harm

Courts continue to find it important that schools fulfill their non-delegable duty of protecting their students. Recently, the Appellate Division, Third Department, in Matter of Binghamton City School District v. Peacock, Docket No. 502329, held that public policy supports a no-leniency standard for teachers that instill harm on their students. The court clearly delivered this message when it held that a two-year suspension for a teacher who engaged in a grossly inappropriate relationship with a sixteen year old student was too lenient.

The case centers on a teacher where there is evidence that he helped the student purchase … Read the rest