Shawn E. McDermott - Breaking Legal News

The settlement, filed Wednesday with U.S. District Judge Shira Scheindlin in New York, would seek to resolve lawsuits filed against the companies in 20 states for groundwater contamination by the chemical methyl tertiary butyl ether (MTBE).

Some oil companies however, notably Exxon Mobil Corp., have refused to settle the lawsuits, asserting that no damage has been done and that the use of MTBE, a pollution-reducing oxygenate, was required by the federal Clean Air Act.

The settlement must be reviewed by U.S. District Judge Shira Scheindlin before it can go into effect.

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The Mentor ObTape Vaginal Sling is a surgically implanted device designed to control female stress urinary incontinence. Among other causes, female SUI is linked to vaginal trauma during childbirth. Because it involves the involuntary loss of urine, female SUI may cause emotional distress and social isolation.

The vaginal sling was developed around 100 years ago to replace weakened muscles of the urethra. The design of the Mentor ObTape Vaginal Sling, however, differs from that used in other brands. Unlike other vaginal slings, the Mentor ObTape is not woven and may impede the delivery of vital nutrients and oxygen to the vaginal area. Lawsuits filed against Mentor claim that vaginal erosions, infections, and extrusion and urinary tract erosion occurred as a result of the ObTape Vaginal Sling.

A study published in 2006 by the Continence Center at Virginia Mason Medical Center, in Seattle, Washington, concluded that the Mentor ObTape was associated with a high rate of vaginal erosions. These conclusions led the institution to discontinue using the Mentor product.

Although Mentor removed the ObTape Vaginal Sling from the market in 2006, less than 3 years after it was introduced, the number of women who have been adversely affected is unknown.

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In order to win this award, a vehicle must provide overall crash protection that is superior to all other cars in its class, as well as be equipped with electronic stability control.

The Forester scored the highest marks for rear, side, and offset frontal-impact protection during crashworthiness testing.

You never know what type of crash you will be involved in, said IIHS President, Adrian Lund. That is why it is important to choose a vehicle the will protect you in many types of crashes, and the Top Safety Pick designation can help you make that choice, he said.

Crashworthiness evaluations are based on various speeds, depending on the area being tested. Frontal evaluations are based on 40 mph, while rear testing is based on a 20 mph impact.

Other Subaru vehicles that received the highest accolades include the 2008 Impreza, Legacy/Outback, and Tribeca.

We commend Subaru for making this elite group of cars with outstanding crashworthiness, Lund said.

Testing by the IIHS is respected throughout the world.

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In the past seven months, 14 Marines died in auto accidents, and seven died in motorcycle accidents, an alarming trend that represented a higher loss of life than Marines who died in combat in the same time frame. Since October of last year, 14 Marines were killed in Iraq and Afghanistan.

The number of Marines who died on motorcycles has been high for the past three years. In 2007, 19 Marines died — the highest number of deaths recorded. In 2006, 17 motorcyclists died, four more than in 2005.

CMC, Gen. James T. Conway, expressed his concern over the staggering loss of life. He asked leaders to get tough on vehicle safety laws, especially with motorcyclists. Motorcyclists must report their bikes so that their license, registration, and training can be verified.

May is considered Motorcycle Safety Awareness Month.

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This comes after multiple trucks hit Oahu’s Gulick overpass within the past few weeks. The H-1 overpass is one of the lowest on the island.

Two weeks ago, the driver of an Island Topsoil Service truck failed to clear the 14-foot-3-inch overpass by six inches, sending small chunks of concrete to the freeway below.

The accident caused an inconvenience to morning traffic as officials moved the truck to the side of the road and photographed the damage.

Two days prior, another truck spilled 300 gallons of paint on the Waipahu off-ramp, which took four hours to clean up.

It’s the responsibility of heavy-load drivers to make sure their loads are properly measured and secured, said DOT spokesman, Scott Ishikawa, adding that failing to do so could inconvenience and even endanger the public.

Structural damage can also cost big bucks. In 2006, an Army transport crashed into a pedestrian overpass, shutting down all six lanes. It cost $700,000 to fix. The driver of the truck also did not have a permit.

We’re not giving out permits for the sake of giving out permits, Ishikawa said. We want to make sure that loads are properly secured and help drivers map out alternative routes.

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The driver, 64-year-old David Wells, slammed his semi-tractor trailer into the Chinatown CTA station just before 5:30 p.m. Twenty-one people — including six children — were injured, and two people died at the scene. Both deaths were ruled accidents.

Wells was reportedly seen acting oddly at the scene. A later search discovered he was carrying another person’s prescription at the time.

His odd behavior continued when Wells was taken into custody for two days. Sources said he refused to put clothes on and urinated on the wall during his lockup. He also refused to give a statement to police and declined a urine test.

Police said drugs and alcohol were not a factor in the crash, but they are looking at other factors. Investigators are awaiting results from a more extensive toxicology test to see if the prescription drugs were involved.

Police are also not ruling out mechanical failure of the truck. Initial investigations showed the truck left no skid marks, which could mean a possible malfunction.

Wells was cited for negligent driving. He was driving a truck for Whiteline Express, based in Plymouth, Michigan.

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In states like Tennessee and Connecticut, current laws allow drivers to drive down the highway with an open can of beer or other alcoholic beverage in their cup holders.

Some people see the law as common sense, as 39 other states currently enforce an open container law.

We are trying to get drunk drivers off the roads, said Tennessee Senate Judiciary Chairwoman, Mae Beavers, adding that allowing people to drive with open containers does nothing for DUI laws.

Still, others are concerned that the measure could do more harm than good.

Prosecutors worry that the bill could decrease federal road funding that is often used for drunken driving enforcement. Currently, $12 million of Tennessee’s road funding is diverted to the safety office because the state does not comply with federal open container laws.

In addition, the proposed law would contribute to the job loss of specialized DUI prosecutors that are funded through those safety offices.

The open container bill is still pending in the house.

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Under the new law, which takes effect in August, teenagers who are pulled over for driving recklessly, under the influence, or more than 20 mph over the speed the limit will have their license automatically taken away. They can get their license back after 48 hours if a parent accompanies them and signs for it.

The law also moves teenage curfew one hour earlier to 11 p.m. and doubles the amount of behind-the-wheel instruction. In addition, parents must attend driving classes with their children, a controversial move that aims to promote parental involvement and empowerment, according to Sen. John A. Kissel.

The new law also doubles the length of time for passenger limitations that are under the current law, including not being able to carry passengers under age 20 for the first six months of having the license.

The law is a move to reduce the number of teens lost in car accidents.

Connecticut has lost too many teen drivers, Rell said, and signing this into law is a major turning point in the efforts to protect our young drivers.

Last year, 15 teenagers died in car crashes in Connecticut, seven of which were killed from January to March of this year.

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Police hit the streets Friday on the lookout for both car drivers and motorcycle riders who were disobeying road laws. They were targeting those on the road who were speeding, changing lanes unsafely, following too close, and ignoring the right of way.

Motorcycle rider, Joe Escalante, is happy that police have stepped up enforcement and hopes that other police departments will do the same. After being involved in a motorcycle accident in March himself which he is still recovering from, he wants other drivers to pay attention to the rules of the road.

The increased enforcement comes after several fatal motorcycle accidents occurred in Kern County since last September.

In 2006, more than 500 people died in motorcycle accidents in California.

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The victim, Paramjit Singh, was injured during cardiac bypass surgery at Providence Everett Medical Center in 2004. The surgeons monitored his condition with a heart monitor designed by Edwards Lifesciences. During the surgery, one of the catheters in the heart monitor malfunctioned and overheated, searing Singh’s heart and causing permanent injury. Providence transferred Singh to the University of Washington Medical Center, where he was put in a chemical coma until a heart transplant could be arranged.

Because of the injury, Singh underwent a heart transplant. He also faces life-long medical problems and is expecting a kidney transplant.

According to court documents, Edwards Lifesciences became aware of a software defect in 1998. However, the company did not correct the problem or advise healthcare providers of the flaw. Instead, it re-designed the monitors and redistributed them in 2003. It was not until 2006, almost two years after Singh’s 2004 injury, that Edwards recalled the product.

On March 10, a 12-member Snohomish Superior Court jury found Edwards 99.9 negligent for Singh’s injuries. The jury awarded Singh $40.1 million, including $8.35 million in punitive damages. The jury did not find Providence Hospital responsible for Singh’s injuries, and awarded the Hospital $310,000 in damages.

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