Broussard, David & Moroux, Author at Louisiana Lawyer Blog

Drug Company To Pay $3 Billion in Fraud Settlement

July 26, 2012 | by Broussard, David & Moroux

GlaxoSmithKline will pay $3 billion dollars, the biggest single settlement of health fraud in U.S. history, for the unlawful marketing of two drugs and failing to provide necessary information to the Food and Drug Administration.

The drug company admitted to falsely representing that certain drugs, such as Paxil and Wellbutrin, were approved to treat issues beyond the drugs’ FDA approval. A United States attorney called the settlement “unprecedented in both size and scope.”

Broussard, David & Moroux represents clients who are injured by dangerous drugs. Our attorneys have experience taking on large corporations and fighting for the rights of injured consumers. An experienced lawyer can analyze the facts and circumstances surrounding your case and determine whether you have a successful claim against a pharmaceutical company. Products liability law provides theories for recovery in pharmaceutical litigation. In a typical lawsuit against a pharmaceutical company, an injured group of consumers intends to hold a negligent manufacturer legally responsible for their common injuries caused by their dangerous drug.

Louisiana Legislature Toughens Rules For Teen Drivers

July 19, 2012 | by Broussard, David & Moroux

Louisiana’s first-time drivers will now be legally required to undergo more classroom and behind-the-wheel training. State lawmakers passed this legislation last session with little opposition.

The new rules require 30 hours of classroom instruction and eight hours of behind-the-wheel instruction for 16-year-olds and 17-year-olds. In addition, 18-year-olds must undertake six hours of classroom instruction and eight hours of behind-the-wheel training. Lawmakers believe the legislation will make roads safer and lower insurance rates across the state.

Car accidents continue to be the leading cause of death among teenagers in the United States. Last year, car accidents claimed the lives of almost 6,000 teens. Statistics show that teens are more likely to speed, use cell phones and succumb to distractions inside and outside the vehicle.

Traumatic Brain Injury Study Released

July 12, 2012 | by Broussard, David & Moroux

A study released by the University of Oklahoma indicates that the symptoms of traumatic brain injury can persist for years. The study followed over 500 veterans who suffered from post-concussion syndrome. Their research found that almost half of the veterans’ symptoms did not improve until eight years after the injury.

Post-concussion syndrome is a disorder that follows a blunt impact to the head or brain. The symptoms include headaches, dizziness, fatigue, depression, anxiety, insomnia, memory loss and sensitivity to light and noise. For years, doctors have believed that these symptoms were only temporary.

Iberia Parish Plane Crash; Pilot Survives

July 5, 2012 | by Broussard, David & Moroux

A single-engine plane crashed in Iberia parish, injuring the pilot. No other passengers were on board. According to witnesses, the plane crashed while the pilot was practicing landings and takeoffs in an open field. Authorities suspect the pilot collided with a power line.

In the past 10 years, there has been a 20 percent increase in private plane crashes in the U.S. Industry studies suggest that the cause of these accidents include pilot error, inadequate training, overloading planes, relaxed maintenance standards and sudden changes in weather. Mechanical failure is also more common in private planes than commercial aircrafts.

Boat Crash Kills One; Intoxication Suspected Cause

June 28, 2012 | by Broussard, David & Moroux

Authorities arrested a boater after his fishing boat crashed into a pontoon boat, tragically killing a 9-year-old boy, injuring three others and leaving one teen missing. Authorities allege the man was intoxicated at the time of the collision. The Georgia Department of Natural Resources charged the man with boating under the influence of alcohol.

Studies suggest alcohol contributes to 34 percent of fatal boat accidents each year. Louisiana’s vehicular homicide penal statute applies to both motor vehicles and watercrafts. State law further carries strict criminal penalties for people who boat under the influence of drugs or alcohol, including hefty fines, driver’s license suspension and imprisonment.

Baton Rouge Benzene Spill Worse than Projected

June 21, 2012 | by Broussard, David & Moroux

ExxonMobil estimates that it accidentally released 28,700 pounds of naphtha at its Baton Rouge site June 14. Naptha contains the hazardous chemical benzene, a carcinogen recognized by the EPA. When ExxonMobil first reported the release to the state Department of Environmental Quality last week, it only reported a 10-pound spill.

Benzene is a hazardous, colorless liquid chemical that is quickly absorbed by the air. Benzene is an ingredient in gasoline, crude oil and cigarette smoke. Short-term inhalation can cause dizziness, headaches, nausea, convulsions and unconsciousness. Long-term inhalation or ingestion can lead to blood disorders and certain cancers.

Mississippi Factory Explosion Raises Questions about Plant Safety

June 14, 2012 | by Broussard, David & Moroux

A steam explosion at a fertilizer factory in Pascagoula, Mississippi last week tragically killed one worker and left two other workers injured. Authorities continue to search for the cause of the accident. This accident marks the second fatal explosion at a plant in this area in a two-week-period.

Factories, chemical plants and refineries pose unique dangers to workers. Because these jobs often involve complex machinery and dangerous chemicals, workplace safety should be an employer’s utmost priority. A workplace explosion or fire can lead to the loss of limbs, back injuries, life-changing burns or death. A serious injury can dramatically affect a worker’s ability to earn a living.

Louisiana Lawmakers To Combat Lead Exposure

June 7, 2012 | by Broussard, David & Moroux

Three bills addressing lead contamination in schools, day care centers and playgrounds passed in the Louisiana Legislature last week. Upon the governor’s signature, Senate Bills 200, 201 and 211 will require new schools, day care centers and playgrounds to be inspected for lead contamination. The inspection results will then be publicly posted online. The bills also require agencies to publicly reveal federal lead contamination standards.

Lead poisoning is more pervasive than we perceive. Before 1978, when Congress outlawed the use of lead in construction, contractors commonly used lead in pipes and paint in homes, buildings and playgrounds. Unfortunately, the harmful effects of lead contamination continue to linger today in our buildings, water, air and soil, often affecting children. In fact, each year in the United States, approximately 310,000 children, ages 1 to 5, are found to have dangerous levels of lead in their blood.

FEMA Contractors Reach a $5 Million Deal in Class Action Trailer Settlement

May 31, 2012 | by Broussard, David & Moroux

Four FEMA contractors agreed to pay $5 million to gulf coast victims in a class action settlement last week. The settlement stems from pooled claims alleging gulf coast residents’ exposure to increased levels of formaldehyde in FEMA trailers after Hurricanes Katrina and Rita. Formaldehyde is a chemical that is a known carcinogen.

The class includes an estimated 60,000 plaintiffs from Louisiana, Texas, Mississippi and Alabama. These plaintiffs claim that their exposure to elevated levels of formaldehyde while living in the trailers caused various breathing problems and cancers. The funds will be distributed upon a U.S. District Court’s finding that the settlement is fair. This hearing will take place Sept. 27.

Elevator Malfunction Injures Woman

May 24, 2012 | by Broussard, David & Moroux

An elevator malfunction at the Chateau Bourbon Wyndham in New Orleans injured a Mississippi woman. When returning to her car in the hotel parking garage, the elevator stopped between the 3rd and 4th floors, trapping Jackson inside. In addition to enduring extreme heat while trapped inside, Ms. Jackson suffered fear, anxiety, and severe emotional distress. She also fell trying to get out of the elevator, causing further injury. Ms. Jackson is now seeking relief in Orleans Parish Civil District Court.

Property owners have a legal responsibility to ensure their premises are reasonably safe for guests and visitors. Premises liability is an area of the law that holds landowners responsible for the injuries of third parties under certain circumstances. In addition to elevator malfunctions, premises liability can arise on both commercial and residential properties and can include slip and fall injuries, parking lot injuries, and foreseeable criminal acts of third parties.