Broussard, David & Moroux, Author at Louisiana Lawyer Blog

Pharmaceutical Company Sued Over Drug Causing Birth Defects

March 8, 2016 | by Broussard, David & Moroux

GlaxoSmithKline LLC, the makers of Zofran, have been sued in federal court by a couple claiming that taking Zofran during pregnancy caused birth defects in their son.

Sicily Lafleur and Justin Lee Thibodeaux, both individually and as parents and natural tutors of their son, Kaden L. Lafleur, a minor, filed suit against GlaxoSmithKline LLC on February 23 in the U.S. District Court for the the Western District of Louisiana, Lafayette Division. The claims cited are negligence, misrepresentation, fraud, and breach of implied and express warranty.

According to the suit, Lafleur was prescribed Zofran in the beginning of her first trimester to alleviate morning sickness by her health care provider in Lafayette. The product of that pregnancy, Kaden L. Lafleur, was born on November 7, 2012, with congenital heart defects. The plaintiffs allege that these defects are a direct and proximate result of Kaden’s prenatal exposure to Zofran. As a result of these defects, Kaden purportedly required surgery immediately after birth as well as extensive follow-up treatments.

Worker Sues for Injuries Allegedly Sustained on Job

March 1, 2016 | by Broussard, David & Moroux

After allegedly suffering a work injury, Lloyd Willis, an employee of United Fire & Safety, filed a lawsuit against Woods Group PSN Inc., Energy XXI USA Inc., and JNET LLC in the United States District Court for the Eastern District of Louisiana on February 16, citing negligence and failure of obligations.

According to the suit, on or about June 14, 2015, Willis was being transferred from a platform to the JNET vessel via a personnel basket attached to a crane. JNET is owned by Energy XXI and was located in South Timbalier Block 26A in the Gulf of Mexico. Willis alleges the basket struck the vessel with such force as to cause injury, and that the named defendants acted in a negligent manner when they failed to observe safety measures, failed to exercise reasonable care, and failed to provide proper tools and a safe work environment.

As a result of the blow, Willis allegedly suffered a possible ruptured disk, nerve damage, injuries to his bones, muscle joints, and organs, as well as general body trauma and resultant medical expenses.

Crash on Lake Pontchartrain Bridge HospitalizesTwo, Forces 90-Minute Closure

February 23, 2016 | by Broussard, David & Moroux

A collision on the Lake Pontchartrain Bridge caused a 90-minute closure and left two women with moderate injuries last Friday.

Alvin Kimbrel of Belle Chasse was cited for careless driving after failing to recognize a vehicle as stalled in the right lane of the southbound side of the highway. Kimbrel’s Ford F250 hit the other vehicle, a Dodge Ram containing driver, Alicia Lee, and passenger, Kala Perkins, at 65 miles per hour. The force of impact pushed the Ram approximately 434 feet and caused it to catch fire, according to authorities. The two women were aided in escaping the burning vehicle by a state trooper who was near the scene at the time.

According to reports, the Dodge Ram had experienced engine failure while on the Bridge and had coasted to a stop. Despite having its emergency flashers activated, Kimbrel failed to recognize that the vehicle was stopped and thus did not take evasive action. Kimbrel’s Ford flipped and landed on its wheels, blocking the remainder of the highway.

Wrongful-Death Suit Filed In Relation to Parade Incident

February 17, 2016 | by Broussard, David & Moroux

An incident during last year’s Krewe of Excalibur Carnival parade in Metairie has resulted in civil repercussions. Don J. Dauzat, 52, was struck and killed by an allegedly drunk motorist who was purportedly pursued by a Jefferson Parish Sheriff’s Deputy at the time. Now, Dazuat’s family has filed a wrongful-death suit in the 24th Judicial District Court in Gretna, naming the Jefferson Parish Sheriff’s Office, Excalibur, King Arthur, PFJ Float Co., and others as defendants.

According to the suit, Dauzat had finished dropping off the float he was pulling for the Excalibur parade and was transporting a tractor to a staging area for the Knights of King Arthur parade. It was at this time, about 2:50 a.m., that he was struck by a 2002 Ford Explorer driven by Michael Burrle near Lapalco Boulevard and Paxton Street in Harvey. The impact caused the tractor to roll approximately 70 feet and flung Dauzat from it, resulting in severe injuries to his skull and brain. He was transported to a New Orleans hospital but died less than a day later from his injuries.

Burrle was booked on suspicion of DWI and was eventually charged with vehicular homicide to which he plead not guilty.

Lack of Crane on Barge Allegedly Results in Injury

February 15, 2016 | by Broussard, David & Moroux

A project supervisor is suing multiple companies for injuries allegedly sustained on a barge-loading job.

Dale E. Loveall Jr., individually and on behalf of his minor child, Sadie Loveall, and Robin Loveall, filed suit January 28 in the United States District Court for the Eastern District of Louisiana against multiple defendants. Nordic Underwater Services Inc., AMI Consulting Engineers P.A. Inc., ADM Grain River System Inc., and Archer-Daniels-Midland Co. are alleged to have negligently caused Loveall Jr.’s injuries.

The complaint states that the Loveall Jr. was hired by the defendants on or about February 18, 2015 to fix the pilings of the ADM Dock in Destrahan on the Mississippi River. It is further asserted that Loveall Jr. was appointed project supervisor and was part of the crew of the American 12, a vessel owned by ADM or ADMC and provided by Nordic and/or AMI. One of the tasks was required for the project was the transport of items from the American 12 to a barge. According to the suit, the barge did not have a crane which required the crew, including the plaintiff, to lift all equipment, including several thousand pounds of cement bags, out of the American 12, above their heads, and onto the barge.

18-wheeler Incident on Parade Route Leaves Four Injured

February 2, 2016 | by Broussard, David & Moroux

A New Orleans parade route had a bit of an interruption on Friday, January 29, when an 18-wheeler struck a tree along the route. The impact caused a large branch to fall on six people, injuring four.

The four Oshun and Cleopatra attendees were treated for minor injuries, according to New Orleans Police Department. Local fire department and emergency personnel were also on the scene, which occurred at the intersection of Amelia Street and Saint Charles Avenue.

According to nola.com, a witness stated that it looked like the driver was attempting to avoid the crowd when he struck the tree at around 7:50 p.m. A city clean-up crew arrived to cut and transport the branch to clear the street. The work was completed at around 10 p.m.

Submerged Chevron Boat Allegedly Causes Another To Sink, Injuries

January 26, 2016 | by Broussard, David & Moroux

A lawsuit has been brought against Chevron for a shrimp boat that sank last year, allegedly due to an underwater and unmarked vessel owned by the company.

Hosea Wilson and Shajaun Turner filed suit on January 19 in the U.S. District Court for the Eastern District of Louisiana against Chevron USA, Inc. They claimed negligence on the part Chevron which resulted in damage to personal property and personal injury.

According to the suit, on March 19, Wilson and Turner were piloting a 36-foot Newton shrimp boat in Garden Island Bay in Plaquemines Parish. It was at this time that their vessel collided with a submerged and unmarked vessel owned by Chevron. The collision caused heavy hull damage to Wilson’s boat, and injured both men, according to the complaint. Additionally, the hull damage was so severe that Wilson’s boat took on water and sank.

Crash In Crown Point Leaves One Dead, Three Injured

January 19, 2016 | by Broussard, David & Moroux

A two-vehicle crash involving four individuals occurred last Sunday in Crown Point. Two were injured, one of whom, Susan Tiano, 71 of Lexington, Massachusetts, was later pronounced dead at University Medical Center in New Orleans, according to reports.

The incident occurred at the intersection of Bataria Boulevard and Leo Kerner Lafitte Parkway at 5 p.m. January 9, 2015. According to the investigating officers, Tiano was a passenger in a 2015 Nissan Versa driven by Anton Becker, 75 of Newport, Massachusetts. The Versa was driving southbound on Bataria, when, after turning left and disregarding a stop sign, it collided with a 2004 Nissan Titan driven by a Marrero man.

The two occupants of the Titan as well as Marrero were taken to a local hospital for minor injuries. Tiano, who suffered injuries significantly more severe was brought to University Medical Center by paramedics.

Boat Capsized Reportedly Due to Negligent Wake Leaves Two Injured

January 12, 2016 | by Broussard, David & Moroux

Two men’s routine fishing trip was literally and figuratively upheaved when another marine vessel’s high rate of speed resulted in the capsizing of their boat, allegedly leaving the two men with various injuries.

Benjamin Lee Hines, Sr., and Andreas Damone Vitto sued Southern States Offshore Inc. on January 7 in the U.S. District Court for the Western District of Louisiana., alleging negligence and personal injury liability.

According to the suit, the two men were fishing out of a recreational vessel around Maxie’s Grocery Store near Intercostal City in Vermillion Parish on September 27, 2014. At a certain time that day, Southern States Offshore’s vessel, the Southern Belle, entered that waterway at an alleged high rate of speed. The suit states that the rate was much too fast for prevailing conditions that day, and caused an intense wake. It is this wake which allegedly capsized the boat Hines and Vitto were fishing out of, knocking both men into the water.

New Year’s Eve Crash Leaves One Dead, Two Injured

January 6, 2016 | by Broussard, David & Moroux

A three-vehicle crash on New Year’s Eve left one dead and others injured, according to Louisiana State Police.

Jocelyn Tennart, 45 of Zachary, was traveling eastbound on West Flanacher Road in East Baton Rouge Parish around 8 p.m. last Thursday. Simultaneously, Marion Fuller, 71, was traveling south on U.S. 61. Tennart was driving a Saturn car while Fuller was in a Chevrolet Silverado.

For reasons yet to be determined, Tennart failed to yield at the intersection of the two roads causing her to come into the path of the Silverado. The impact occurred on the Saturn’s driver side and Tennart, who was not wearing a seat belt, was pronounced dead at the scene by the East Baton Rouge Coroner’s Office.