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• BANKRUPTCY Auditor to pay $167.5M to settle malpractice suit WASHINGTON (AP) � A New York federal bankruptcy judge has approved a settlement in which auditing firm Deloitte & Touche will pay $167.5 million to a trust set up to pursue litigation on behalf of Adelphia Communications Corp. The deal settles a lawsuit Adelphia filed against Deloitte in 2002 accusing it of malpractice in its audits, as well as a series of claims Deloitte filed in Adelphia’s bankruptcy case. Adelphia was once one of the largest cable companies in the country before it collapsed in 2002 in the wake of a massive accounting fraud. • DAMAGES 9th Cir. overturns $52M verdict against Ford SAN FRANCISCO (AP) � The 9th U.S. Circuit Court of Appeals has thrown out a decision that would have given $52 million to the parents of a toddler killed by a rolling pickup truck, and asked for a new jury to set punitive damages in the case. This is the second retrial setting punitive damages in the case involving 3-year-old Walter White who was crushed to death when the family Ford pickup’s parking brake failed. In 1998, Ford was found negligent for not warning customers about the brakes. The jury awarded the Whites $2.3 million in compensatory damages, and $150.8 million in punitives. In the 2004 retrial, meant only to reset the amount of punitive damages, another jury awarded the Whites $52 million. Earlier this year, the U.S. Supreme Court ruled in Philip Morris v. Williams, 127 S.Ct. 1057, that juries should not be allowed to consider harm done to people not directly involved in a case when deciding punitive damages. • LEGAL PROFESSION Woman awarded $5M over bungled lawsuit LOUISVILLE, KY. (AP)A Kentucky state jury has awarded a woman $5 million after finding that she lost a lawsuit because of her former attorney’s negligence. Jurors found that Steven Keeney bungled a federal lawsuit filed by Brenda Osborne, who lost her home and possessions in a small-plane crash. Jurors found that Osborne could have recovered about $1.3 million. It awarded her that amount, as well as $250,000 for mental anguish. The verdict also included $3.5 million in punitive damages against Keeney. • MEDICAL MALPRACTICE Woman wins $10.3M for ER doctor’s negligence WEST PALM BEACH, FLA. (AP) � A Florida state jury awarded a woman a $10.3 million verdict, finding that an emergency room doctor’s negligence caused her husband’s death. Nadine Raphael said Dr. James Shecter did not administer critical medicine when her 73-year-old husband Harvey arrived at Palms West Hospital, clearly suffering a heart attack. Another doctor ultimately gave him an anti-clotting drug, but Raphael didn’t receive the medicine until more than two hours after he arrived. Raphael received a heart transplant in 2006, but developed an infection and died a month later. $5.4M award in suit over death through ER error SEATTLE (AP) � A Washington state jury has awarded $5.4 million to the family of a man who died after visiting a hospital emergency room. The case stems from the death of 30-year-old Tri Hoang, four days after he went to Swedish Medical Center because of chest pain. An ER doctor, Grace Dy, prescribed heartburn medication and sent him home. Two days later, Hoang went to a University of Washington’s Belltown Clinic and was diagnosed with a heart infection. He died two days later of an aortic rupture. • REGULATORY ACTION Medical tool firm settles defibrillator investigation BOSTON (AP) � Boston Scientific Corp. will pay $16.75 million to settle state investigations into flawed heart defibrillators sold by Guidant Corp., whose substantial legal liability Boston Scientific inherited when it bought the firm last year for $27 billion. The agreement with attorneys general in 35 states and the District of Columbia comes a month after Boston Scientific agreed to pay $195 million to settle class actions over the potentially fatal flaws, which led to a wave of product recalls. Oregon Attorney General Hardy Myers, whose office led the multistate probe, said investigators found Guidant continued to sell devices it knew were flawed. • TORTS Woman, casino resort settle toilet injury suit PHILADELPHIA � The Trump Taj Mahal, one of Donald Trump’s three Atlantic City, N.J., casino resorts, has reached a $1.2 million settlement with an elderly woman injured after her hotel room toilet broke away from the wall while she was sitting on it. Jean Ciocci, 74, of Philadelphia, sustained injuries in two separate falls: a fall from her toilet in her hotel room’s handicap-accessible bathroom on Oct. 8, 2004, and a fall 1 1/2 years later that her attorney argued came about because of the significant physical disability in her left arm caused by the earlier bathroom fall. Trump Taj Mahal Associates stipulated liability in failing to properly mount the toilet in Ciocci’s hotel room.

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