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June 2015 Archives

Breach of Fiduciary Duty By Yakima Attorney: Disbarred And Now Sentenced To Prison

A Yakima attorney, already disbarred for breach of fiduciary duty, has been sentenced to prison for stealing from a disabled client's trust fund.

Eric Vargas, 58, was sentenced Thursday to two years after pleading guilty to first-degree theft for using a disabled client’s trust fund to pay property taxes and other bills unrelated to the trust. Prosecutors agreed to drop 23 remaining counts of theft.

$3 Million Awarded In Connecticut Medical Malpractice Case

In awarding $3 million to estate of Connecticut man, jury in medical malpractice case sites his cardiologist's negligence in examining test results.

The verdict against Dr. Dariush Owlia and in favor of plaintiff Cynthia Olsen, the wife of Andrew J. Olsen and executor of his estate, was delivered late Wednesday following six days of testimony at Superior Court in Hartford, according to Olsen's lawyer, James Horwitz of Koskoff Koskoff & Bieder.

Federal Complaint Claims Violations Of Disabilities Act, Conflict Of Interest By Court-Appointed Attorneys

Court-appointed attorneys in limited conservatorship proceedings routinely violate the ADA, are not adequately trained, and operate under a conflict of interest, according to a complaint filed by a disability advocacy group.

A disability-rights group alleges systematic civil rights violations of intellectually disabled residents by the Los Angeles County Superior Court in a class-action complaint filed with the U.S. Department of Justice.

Parents and other guardians can seek the power to make decisions related to their disabled child’s residence, education, contracts, medical and other legal matters after they turn 18. The court-appointed attorneys represent the conservatees during the process. The court determines who controls certain legal affairs of adults if they are deemed in court to be at least partially incapable of looking after themselves.

San Ysidro School District Legal Malpractice Lawsuit Goes To Arbitration

Judge Has Ruled, School District's Lawsuit Against Their Attorneys For Alleged Legal Malpractice Must Go To Arbitration

The June 5 ruling by Judge Richard Strauss sided with Stutz Artiano Shinoff & Holtz, the law firm hired by San Ysidro to defend the district in a breach-of-contract lawsuit. The judge agreed with the firm that there is an arbitration agreement in place with the district that covers the dispute, and that San Ysidro is bound by the agreement.

The decision puts the suit on hold, and gives San Ysidro and the firm two years to settle the difference out of court.

Conflict Of Interest Concerns Prompt Prosecution Switch In High-Profile Oregon Whistleblowing Case

Due to potential conflict of interest with the Marion County District Attorney's Office, investigation of a state whistleblowing case has been turned over to Yamhill County.

The case involves a top state information technology officer who has admitted leaking more than 6,000 e-mails from former governor John Kitzhaber’s personal account to Willamette Week, a politically-oriented alternative weekly based in Portland.

Wrongful Death Claimed In Florida Xarelto Lawsuit

A Xarelto lawsuit filed by the wife of a man who died after taking the drug claims manufacturers did not warn the public of serious health risks.

According to, a wrongful death lawsuit has been filed in Florida against the manufacturers and distributors of the popular blood thinner Xarelto.  Xarelto Side Effects: Uncontrollable Internal Bleeding Xarelto is an anticoagulant drug (or blood thinner) that is prescribed to prevent the risks of blood clotting in individuals with Atrial Fibrillation, deep vein thrombosis (DVT) and other related conditions. The drug came onto the US market in 2011 as an alternative to other anticoagulants, such as Warfarin, and quickly became the leading blood thinner in America. According the official Xarelto website, there are over 11 million prescriptions of Xarelto in the US, and strong sales growth is expected to continue. However, studies have recently linked the use of Xarelto to uncontrollable internal bleeding, which can lead to serious injury and death. Details of This Xarelto Lawsuit This Xarelto lawsuit was filed by a Florida woman on June 23rd, 2014 in the US District Court for the Southern District of Florida under case number 9:14CV80831. According to the complaint, the plaintiff's husband was prescribed Xarelto on January 10th, 2012 to reduce the risk of blood clots and deep vein thrombosis from atrial fibrillation. The plaintiff's husband later suffered from a subdural hemorrhage, or internal bleeding near the brain, and was hospitalized for several days. Unfortunately, the plaintiff's husband died on June 18th, 2012. Among other allegations in this specific case, the plaintiff has brought claims against pharmaceutical companies Bayer AG and Johnson under several counts including:

Doctors Alleging Breach Of Fiduciary Duty File $1.8 Million Suit Against Attorneys

Claiming an inadequately-drafted settlement caused further litigation and expenses, three Houston-area doctors filed a legal malpractice suit against a firm and lawyers seeking damages due to breach of fiduciary duty and negligence. 

Three Houston-area doctors and an anesthesia company filed a malpractice lawsuit on May 22 seeking more than $1.8 million in damages from Gordon Rees Scully Mansukhani and three of its Houston lawyers. The plaintiffs allege that the defendants drafted a "woefully inadequate" settlement agreement in a business dispute that led to further, costly litigation.

Knowledge Of Morcellator Cancer Risk Prompts FBI Investigation Of Johnson & Johnson

Johnson & Johnson is the largest manufacturer of the morcellator, a device which can spread uterine cancer in women. The FBI is looking into what knowledge Johnson & Johnson had about morcellator cancer risk prior to removing it from the market in 2014.

There is no way of knowing what stage the investigation is at, at this time. But according to three people interviewed, the FBI is overseeing the investigation and declined comment. A J&J spokesman said the medical company is not aware of any investigation into the device, called a laparoscopic power morcellator.

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