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JACKSON HEWITT’S EFFORTS TO DISMISS CLAIMS AGAINST IT AND CERTAIN FRANCHISES FOR OVERCHARGING CUSTOMERS ARE REJECTED BY THE FEDERAL COURT
Cigna & Express Script to pay $27 million in settlement of a New York State drug switching case
Patients signing away right to sue nursing homes
McDonald's, others pull tomatoes over salmonella concerns
Half of Overweight Adults Prove to be Heart Healthy
California Senate rejects $7 billion bond for inmate health
Supreme Court Rejects W.R. Grace Asbestos Appeal
Attorneys to decide bridge victims compensation
Crane a cut-rate heap: PA
Senate Republicans to Campaign against Medicare Fraud
Studies Linking Benzene, Lymphoma Insufficient Basis For Opinion
FDA Announces New Labeling Changes for Regranex
FDA Requests Boxed Warnings on Older Class of Antipsychotic Drugs
FDA issues warning: Heparin Sodium Injection (Baxter)
Approval Recommendation for New Arthritis Drug has been Issued
Families Suing Mylan For Medication Mistake
FDA Approves Diaphragm-Pacing Device
FDA, Pfizer Told of Chantix Safety Concerns a Year Ago
Administration Proposes Additional Funding for FDA to Improve Food and Medical Product Safety
Authorities Seize Xiadafil VIP Tablets after SEI Pharmaceuticals Refusal to Recall Product
FDA Announces Limited Return of Heartworm Drug to U.S. Market
Thursday, August 7th - Teen Tracking Device Offered by Carmel Co. to Curtail Auto Accidents
Tuesday, August 5th - Anti-Snoring Machine and its Marketing Tactics are Stirring Sleepers

JACKSON HEWITT’S EFFORTS TO DISMISS CLAIMS AGAINST IT AND CERTAIN FRANCHISES FOR OVERCHARGING CUSTOMERS ARE REJECTED BY THE FEDERAL COURT

Wolf Popper LLP and Napoli Bern Ripka, LLP, attorneys for plaintiffs, report that the United States District Court for the Eastern District of New York has substantially denied defendants’ motions to dismiss plaintiffs’ class action complaint charging Jackson Hewitt Tax Service Inc. (NYSE: JTX) and certain of its franchises with deceiving its customers by charging hidden fees. In the action entitled Watts, et al. v. Jackson Hewitt Tax Service Inc., et al., 06-cv-6042 (DLI) (SMG), plaintiffs allege that Jackson Hewitt advertises minimum prices for long form and short form tax returns, and that, although Jackson Hewitt claims that the prices are subject to change based on the complexity of the complaint, it charges customers various hidden fees unrelated to the complexity of the complaint. Plaintiffs allege that Jackson Hewitt hides the fees by labeling them as a “Tax Preparation” fee in the final billing statement submitted to customers. The fees include an automatic 15% multiplier fee for income tax returns, additional charges in connection with the purchase of a refund anticipation loan or an accelerated check refund, and additional charges for the preparation of a state long form tax return even if the customer qualifies to file a less expensive state short form tax return. The Court rejected defendants’ motions to dismiss the case. The Court held that “[b]y luring customers away from competitors with low advertised prices as well as extracting higher fees and royalties through the hidden charges, defendants stood to derive concrete benefits from the alleged practices.” The Court has not decided the merits of the claims or defenses.

For more information please contact:

Wolf Popper LLP

James Kelly-Kowlowitz, Esq.

845 Third Avenue

New York, NY 10022

Tel.: 212.451.9635 or 877.370.7703 (toll free)

Fax: 212.486.2093 or 877.370.7704 (toll free)

Email: [email protected]

website: www.wolfpopper.com

Napoli Bern Ripka, LLP

W. Steven Berman, Esq.

350 5th Avenue

Suite 7413

New York NY 10118

Tel.: 212.267.3700 or 888 LAW IN NY (toll free)

Fax: 212.486.2093 or 877.370.7704 (toll free)

Email: [email protected]

website: http://www.napolibern.com

Cigna & Express Script to pay $27 million in settlement of a New York State drug switching case

Cigna and Express Scrip have agreed to pay $27 million dollars in a settlement dating back to 2004 for convincing physicians to use prescription drugs that would earn them larger rebates without notifying consumers of the change. New York State hired Cigna to insure their plan and Express Script to manage the coverage of government workers that were held under the plan. Express Script was supposed to negotiate the lowest price from drug manufacturers and give the state back the rebates; however they kept odds and ends that amounted up to a large amount of money. The two companies settled with New York State to avoid further litigation but committed to saying that they thought they did no wrong.

For the full article click here

Patients signing away right to sue nursing homes

Nursing homes are making it mandatory upon admittance to agree to arbitration rather than trial if a legal dispute arises. Most people that sign away their right to go to court are unaware due to the stress they are enduring. Nursing homes say that using arbitration leads to resolutions that are fairer than a trial. However, lawmakers say people should not give away their right to sue for poor care. More than 100 lawsuits have been filed in the past five years challenging these binding arbitration agreements. Arbitration has become a shield for large corporations to hide behind and decrease the quality of care.

McDonald's, others pull tomatoes over salmonella concerns

McDonald's stopped serving sliced tomatoes in its U.S. restaurants over concerns about salmonella food poisoning linked to some uncooked varieties. McDonald's will continue serving grape tomatoes in its salads because no problems have been linked to that variety. The FDA is investigating the source of the outbreak, in which The Centers for Disease Control and Prevention has said at least 23 people have been hospitalized, and no deaths have been reported.

Half of Overweight Adults Prove to be Heart Healthy

Despite allegations about overweight people being risk to all sorts of complications, a recent study has shown that about half of overweight adults produce healthy cholesterol levels. In this same study it was shown that the same amount of slimmer people are experiencing the negative side effects associated with being overweight. What this study suggests goes against everything we have known to be true about the health benefits of living a healthier lifestyle. What this study suggests is that you can be overweight, yet have good health. One reason for this is that the way a person is calculated to be overweight has been under scrutiny for many years. Other factors that affect the study are age and the amount of exercise.

For the full article click here

California Senate rejects $7 billion bond for inmate health

The California state Senate rejected a $7 billion borrowing plan to provide better health care for prison inmates. The alternative would be to take the money directly from the state treasury. Doing so would cut into other state services at a time the state is facing a $15.2 billion budget deficit. Lawsuits on behalf of inmates have prompted federal courts to step in to oversee several some parts of the state prison system. If the parties fail to reach a settlement, the judges could order a trial that would potentially cap the inmate population or allow tens of thousands of inmates to be released early

Supreme Court Rejects W.R. Grace Asbestos Appeal

W.R. Grace & Co.’s appeal was rejected be the Supreme Court, allowing the government’s case to go to trial. Federal prosecutors charged W.R. Grace & Co. violating the Clean Air Act by releasing asbestos from a vermiculite mine in Libby, Mont. The Asbestos have sickened about 2,000 of the town's residents and caused up to 225 deaths. W.R. Grace & Co. agreed to pay a $3 million settlement in April that would allow them to come out from bankruptcy without further asbestos liability. W.R. Grace also agreed earlier this year to pay the U.S. government $250 million to reimburse it for the investigation and cleanup of asbestos contamination in Libby. The Supreme Court also rejected a separate appeal by W.R. Grace's executives, who could face prison sentences of up to 15 years if found guilty.

Attorneys to decide bridge victims compensation

When the interstate 35W bridge in Minnesota collapsed in August, it left 145 injured and 13 dead. Personal injury lawyer, Susan Holden now has the overwhelming task of splitting the 34.5 million between the victims. The problem is that Minnesota, under state law is liable for $1 million for the entire incident. Another tradegy that has similar circumstances was the federal Sept. 11 compensation fund that distributed more than $7 billion among more than 5,500 victims. Ken Feinberg, the attorney who ran the Sept. 11 fund, stated that unlike the Minnesota finite funds the 911 fund was infinite, thus making it easier to divvy up.

Crane a cut-rate heap: PA

The father of one of the victims of the NYC crane accident, has inside information about the crane that killed his son. Donald Leo Sr. filled in for his son just days before the accident, in which he said the machine was a piece of junk. Leo asked the court to keep the crane as evidence for a planned lawsuit. Leo said that the owner of the crane bought the crane at a steep discount because it was 12-15 yrs old & discontinued. The Leo family is suing because they don’t want anything to ever happen like this again.

Senate Republicans to Campaign against Medicare Fraud

Senate Republicans for some time now have been putting together a campaign to fight against the occurrences of Medicare fraud. They have made the issue of Medicare Fraud of high importance to be brought up at the next health care reform debate in the next Congress. Senate republicans have found that about 20% of all fraud incidents are Medicare related which amounts up to 60 billion dollars of the budget. Senate Republicans’ campaign is going to aim towards recognition and prevention of Medicare fraud. Another issue that will be brought up by the Senate Republicans is zero tolerance to increase the consequences of committing Medicare fraud. The campaign is also of bigger issue to bring to light that senate republicans should focus on fiscal responsibility and its importance.

For the full article click here

Studies Linking Benzene, Lymphoma Insufficient Basis For Opinion

The Mississippi Supreme Court affirmed judgment not withstanding a $2 million verdict, finding that an epidemiologist should not have been permitted to testify that a mechanic’s exposure to benzene in Liquid Wrench caused his lymphoma. Milton C. Watts was diagnosed in 1999 with small-cell lymphocytic lymphoma blaming his condition on his work environment. Dr. Barry Levy opined that benzene can and did cause Watts’ disease, However of the studies cited, only half showed a statistically significant increase in risk due to benzene exposure, the high court said. None specifically looked at the possible risks associated with use of Liquid Wrench or the risks of development of non-Hodgkin’s lymphoma in mechanics.

FDA Announces New Labeling Changes for Regranex

The FDA announced the addition of a boxed warning to the label of Regranex Gel 0.01% (becaplermin) to address the increased risk of cancer mortality in patients who use 3 or more tubes of the product. "In announcing this label change, FDA still cautions health care professionals to carefully weigh the risks and benefits of treating patients with Regranex," said Susan Walker, M.D., director of the Division of Dermatological and Dental Products. "Regranex is not recommended for patients with known malignancies."

FDA Requests Boxed Warnings on Older Class of Antipsychotic Drugs

The FDA, under the FDA amendments act of 2007, now requires manufacturers of "conventional" antipsychotic drugs to make safety changes related to prescribing information or labeling. The Boxed Warning will now be added to an older class of drugs known as "conventional" antipsychotics. The warning for both classes of drugs will say that clinical studies indicate that antipsychotic drugs of both types are associated with an increased risk of death when used in elderly patients treated for dementia-related psychosis. People taking antipsychotic drugs should not abruptly stop taking them. Caregivers and patients should talk to the patient's health care professionals about any concerns.

FDA issues warning: Heparin Sodium Injection (Baxter)

The blood thinner, Heparin is used to aid with cardiac surgery, kidney dialysis, and other serious medical conditions. It is administered over a million times per year, in which half is manufactured by Baxter. Serious side effects have arisen from the use of Heparin including oral swelling, nausea, vomiting, and cases of severe hypotension requiring treatment. The FDA issued the warning after another baby died linking the death to heparin. The FDA recommended that when the need for heparin is a must; try to use a different manufacturer than Baxter. If Baxter is the only heparin on site, and administration is necessary, use the lowest dose possible. The FDA has received over 350 reports with negative side effects when taken Baxter’s Heparin, in which 40% of the reported cases were marked serious. The FDA is researching along with scientists that are working to discover the cause of negative effects.

For the full article click here

Approval Recommendation for New Arthritis Drug has been Issued

The new drug for arthritis, called Actemra, has been recommended for approval by a government advisory panel. Actemra would be sold to combat rheumatoid arthritis, a type of arthritis that causes swelling in the joints that calls for a prescription medication. Actemra, manufactured by Hoffmann-La Roche, Inc, is already being sold in Japan and now the FDA has to decide whether to approve Actemra or not. The drawbacks to Actemra are that it can suppress the immune system causing such serious side effects such as liver and digestive organ damages. Another draw back to the drug is that it is a type of biologic drug, which tends to be more expensive. The FDA has some decision making to do in which we will have to wait to find out what happens.

For the full article about Actemra click here

Families Suing Mylan For Medication Mistake

Mylan Pharmaceuticals Inc. is being sued by a trio of West Virginia law because of the recalled drug Digitek. It was reported that five to ten deaths resulted from taking Digitek in West Virginia alone. Those who took the medication suffered death or congestive heart failure at worst. According to the voluntary recall initiated by Actavis, some of the Digitek pills had double the appropriate thickness, and possibly had twice the approved level of the active ingredient.

FDA Approves Diaphragm-Pacing Device

The FDA announced the approval of NeuRx DPS RA/4 Respiratory Stimulation System, an implantable electronic device which stimulates the diaphragm. This device will allow people with spinal cord injuries, namely paralysis, to be able to breath on their own for up to four hours unattached from am mechanical ventilator. NeuRx is manufactured by Synapse Biomedical of Cleveland, Ohio.

FDA, Pfizer Told of Chantix Safety Concerns a Year Ago

A warning about Chantix, Pfizers drug to quit smoking, was issued over a year ago that brought to light the dangerous side effects from longer-term use. The report has prompted the Federal Aviation Administration to ban the drug's use among commercial pilots. Some of the negative affects while taking the drug include severe depression, anxiety, and suicidal thoughts. Yet, to date, the FDA has demanded no such study. Pfizer has not yet sought FDA approval to change its label to allow long-term use.

Administration Proposes Additional Funding for FDA to Improve Food and Medical Product Safety

The Administration is amending its budget request for fiscal year (FY) 2009 to include an additional $275 million for the U.S. Food and Drug Administration (FDA). This increase will allow FDA to continue to transform its regulatory strategies to meet the challenges of the evolving global marketplace. The budget amendment proposes the following increases for core FDA programs: Protecting America’s Food Supply (+$125 million), Safer Drugs, Devices, and Biologics (+$100 million), and Modernizing FDA Science and Workforce (+$50 million).

Authorities Seize Xiadafil VIP Tablets after SEI Pharmaceuticals Refusal to Recall Product

After the FDA requested SEI Pharmaceuticals to recall their Xiadafil VIP tablets with no luck, the FDA was forced to bring in authorities to seize over $70,000 of product. Xiadafil VIP tablets are sold as dietary supplements to treat ED and for sexual enhancement; however certain marked lots of the drug contain an illegally marketed drug that contains an unknown ingredient. The FDA did a chemical investigation of the drug and found that the product contains traces of hydroxyhomosildenafil, which is similar to an ingredient found in Viagra. ED is a frequent condition in men who have diabetes and high blood pressure, in which the unknown ingredients found in Xiadafil can cause adverse events.

For the full article click here

FDA Announces Limited Return of Heartworm Drug to U.S. Market

The FDA announced a limited return of a reformulated heartworm prevention drug for dogs. ProHeart 6 (moxidectin) Sustained Release Injectable for Dogs, NADA 141-189, is an approved injectable sustained-release heartworm prevention product for dogs. The return of ProHeart 6 to the market is based on results of additional toxicological and pharmacologic studies by Fort Dodge Animal Health coupled with the low adverse reaction frequency in international markets. Dog owners who suspect their dog is experiencing an adverse reaction to ProHeart 6 should immediately contact their veterinarian to initiate appropriate veterinary care.

Thursday, August 7th - Teen Tracking Device Offered by Carmel Co. to Curtail Auto Accidents

Global Teen Tracking is a device made by Carmel-based Global Tracking Technologies that combines a Global Positioning System (GPS) with also monitoring and tracking capabilities. Auto accidents are the cause for the most amounts of deaths among teenagers ranging from the age of sixteen to nineteen. Speeding has been cited for being the number one reason for these fatal car accidents. Therefore Carmel Co. has come up with a teen tracking device to allow parents to see where there teens are driving, how fast they are going, receive alerts when speeding, and set up boundaries. Also all of the driving information can be seen on a web page and administered by the parents. This device is seen as to help teen drivers learn to drive and instill safety procedures into their everyday driving habits.

For the full article click here

Tuesday, August 5th - Anti-Snoring Machine and its Marketing Tactics are Stirring Sleepers

An Anti-Snoring device called Pure Sleep has been marketed as strongly as a machine that can help you to stop snoring for less that $75 dollars. To obtain Pure Sleep no prescription is needed from either a physician or dentist. All you need to do is answer some questions regarding your sleeping habits. The fact that no over the counter anti snoring device has been approved by the FDA without a prescription caused doctors to wonder how a person would obtain a prescription without getting checked up by a doctor or dentist. The reason why the FDA does not approve these types of devices is because they want to make sure that patients needing the devices in the first place are being seen by a doctor. The makers of Pure Sleep say their questionnaire approves proximately 75% of all applicants in which they say their needs are met. However one of the main risks is that patients with snoring issues often have other problems that are oral in nature.

For the full article click here

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