Vested Interest - Tort Briefs- April 2005 Issue

Judge Denies Conversion Claim over Donated Kidney

A New York federal court has ruled that a man suffering from end-stage renal disease has no claims against the organization that "misdirected" a kidney donated to him by his dying friend. In an issue of first impression, the judge held that a specified donee of an anatomical gift may not sustain a claim for conversion, basing her decision primarily on the public policy of discouraging the treatment of organs as property. (ATLA Law News Digest – March 10, 2005)

11th Circuit Lets Metabolife off the Hook

Saying plaintiff’s experts took "leaps of faith," an 11th Circuit panel has tossed a $3.5 million verdict for four people who claimed they suffered strokes or heart attacks after taking the weight loss supplement Metabolife 356. The decision was the latest chapter in a legal saga over the appetite suppressant’s primary ingredient, ephedra. (ATLA Law News Digest – March 10, 2005)

Wyeth Gives Approval to Fen-Phen Settlement

Diet drug manufacturer Wyeth has officially green-lighted a proposed settlement offer for fen-phen plaintiffs who opted out of the nationwide class action settlement, but said the agreement was contingent on the "overall level of participation" in the process. Half of the 60,000 fen-phen cases pending nationwide are participating. (ATLA Law News Digest – March 10, 2005)

Jury Tells Ford, Mazda to Pay in Death

A jury found a faulty driver’s seat in a 1996 Ford Escort caused the death of a 46-year-old man in 2000 after his car was hit by a drunk driver. They returned the verdict against Ford and Mazda, which co-designed the car. The attorney for the family focused on a design flaw in the driver’s seat, which was exposed more than a decade ago on TV’s "60 Minutes." Still no major changes have been made in its design. The family proved the front seats are exceptionally weak and without this defect the 46-year-old would have suffered only moderate injuries in the crash. The family argued that stronger front seats prevent occupants from being ejected from their seats into the rear of the car where they can suffer fatal injuries. (Chicago Sun-Times – March 17, 2005)

Pet Owners Call Lawyers

A series of recent court decisions have essentially treated animals as human under the law. A Florida family is accusing their dog’s doctor of negligence and claiming the episode caused them emotional distress. After a 3-year battle in Broward County, the family will take their case to trial. The sheepdog underwent dental surgery and died of resulting complications. In a reflection of the special place that pets have come to hold in Americans’ hearts, U.S. courts are bucking centuries of legal decisions that have defined animals as property. (ATLA Law News Digest – March 17, 2005)

Wyeth Triumphs in Latest Round of Fen-Phen Cases

Wyeth Corp. rebounded recently with two major victories in its ongoing legal battle with former users of fen-phen. A Philadelphia judge reversed a $780,000 jury verdict that had been awarded in November to a Utah woman who claimed heart valve damage from the use of the diet drug. The judge ruled that the plaintiff knew the risks before she took the drug. Wyeth won a defense verdict in a pair of cases that were tried together – Hoyt v. Wyeth and Marlowe v. Wyeth. The eight-person jury ruled unanimously that Wyeth did not have to pay any damages to two women who claimed they had suffered heart valve damage from Pondimin and Redux. (ATLA Law News Digest – March 17, 2005)

Oil Firm Settles with East Alton

The metro east village of East Alton has settled a lawsuit against a group of oil companies over the contamination of a water supply well. The village contended in their lawsuit that the companies, who operated gas stations, refineries and chemical plants in the area, contaminated a well with the gasoline additive MTBE. The village detected the contamination in 1999. MTBE has been found in the water supplies of 25 Illinois communities. (Chicago Sun-Times – April 4, 2005)