All Trasylol Pulled from Market

Trasylol manufacturer Bayer HealthCare Pharmaceuticals Inc. will begin removing any remaining stock of the blood-clotting medication from the U.S. market, after detailed results of a Canada drug study showed an increased risk of death in Trasylol patients.

The U.S. Food and Drug Administration (FDA) reports that most remaining stock of Trasylol (aprotinin) medication is in warehouses and hospital or physician’s stock. In November 2007, Bayer announced that it was suspending worldwide sale of the drug until potential health risks could be properly evaluated. This occurred shortly after preliminary findings from the Canada-based drug study of cardiac surgery patients showed that Trasylol use appeared to cause increase health risks compared with other anti-bleeding drugs used in the study -- including risk of kidney failure, stroke, and heart attack.

• FDA News Release on Trasylol's Removal
• Reuters: Bayer Pulls Trasylol Supplies After Study
• New England Journal of Medicine Editorial on Trasylol Study
• Trasylol Health and Legal Information (FindLaw)

California's Same-Sex Marriage Ban Rejected by State Supreme Court

The California Supreme Court today ruled that the state's failure to designate the official relationship of same-sex couples as marriage violates the California Constitution, effectively rejecting the state's ban on same-sex marriage.

In today's 4-3 decision -- a consolidation of six different appeals -- the court concluded that the "domestic partnership" designation is not sufficient, and that "to the extent the current California statutory provisions limit marriage to opposite-sex couples, these statutes are unconstitutional." The decision comes more than four years after the city of San Francisco issued about 4,000 marriage licenses to same-sex couples, a move the state's high court halted before declaring that San Francisco Mayor Gavin Newsom could not sidestep state marriage laws. The validity of California's marriage laws -- specifically, the constitutionality of limiting the definition of marriage to a union between a man and a woman -- was the subject of a number of lower court decisions before today's ruling by the California Supreme Court.

• Read Today's Decision: In Re Marriage Cases [PDF file]
• Case Background Information from the California Courts
• S.F. Chronicle: State Supreme Court Says Same-Sex Couples Have Right to Marry
• N.Y. Times: California Court Affirms Right to Gay Marriage
• San Jose Mercury News: Summary of CA Supreme Court Same-Sex Marriage Decision
• Same-Sex Couples and the Law (FindLaw)
• Family Law Center: Marriage (FindLaw)

FBI: Mortgage Fraud on the Rise

Mortgage fraud is on the rise in the U.S., with the Federal Bureau of Investigation (FBI) receiving more than 46,000 "Suspicious Activity Reports" involving mortgage fraud in 2007 -- compared to 35,617 reports in 2006, and 6,936 in 2003.

The FBI's 2007 Mortgage Fraud Report contains detailed information on data and trends related to mortgage fraud, which can include false appraisal scams, foreclosure rescue fraud, "builder-bailout" schemes, and identity thefts in which home equity credit lines are opened and drained. The FBI expects current downward trends in the housing market to give "further incentive for shady real estate industry insiders to look for dishonest ways to turn a profit and growing opportunities for scam artists to prey on vulnerable homeowners." The FBI's warnings on mortgage fraud come as U.S. home foreclosures reach record highs, according to the Wall Street Journal.

• Mortgage Fraud: New Analysis of a Rising Threat (FBI)
• 2007 Mortgage Fraud Report (FBI)
• April Foreclosures Hit New High (Wall Street Journal)
• Mortgages and Home Loans (FindLaw)
• Foreclosure (FindLaw)

Autism-Vaccine Hearings in Federal Court

A federal court this week is examining claims of a possible link between certain childhood vaccinations and the development of autism and similar neurodevelopmental disorders in children.

The hearings, which began on Monday, are part of the Omnibus Autism Proceeding, in which the U.S. Court of Federal Claims is considering the vaccine-autism claims of the parents of more than 5,000 autistic children. The New York Times reports that this week's hearings are focusing on parents' claims that thimerosal -- a mercury-based preservative that was removed from most childhood vaccines by 2001 -- caused damaged to their children's brains. Reuters reports that, "[a]lthough most medical experts say there is no [autism-vaccine] link, the court can rule there is a plausible association and allow parents of children with autism to get federal compensation from a special vaccine fund."

• Omnibus Autism Proceeding (U.S. Court of Federal Claims)
• National Vaccine Injury Compensation Program (U.S. Dept. of Health and Human Services)
• Reuters: Court Hears Claim Linking Vaccines to Autism
• N.Y. Times: Court Hears More Claims of Vaccine-Autism Link
• Vaccines and Autism (Centers for Diseases Control and Prevention)

First Class Stamp Now 42 Cents

The price of a United States Postal Service (USPS) first class postage stamp has increased from 41 to 42 cents, effective today.

Other USPS mailing service costs have also increased as of today, including rates for postcards, certified mail, international letters, and package services. See a Complete List of USPS Prices for Domestic and International Services. The Associated Press reports that consumers may want to stock up on the USPS "Forever Stamp," because although the price of that stamp is now also 42 cents, the USPS is expected to adjust its prices again next May.

• USPS Press Release on 42 Cent Stamps
• USPS Prices for Domestic and International Services
• Forever Stamp Facts (USPS)
• Associated Press: Stamp Prices Up Monday

Mich. Court: No Health Benefits for Same-Sex Partners

The Michigan Supreme Court ruled yesterday that public employers in the state cannot provide health-insurance benefits to their employees' same-sex domestic partners, because the provision of such benefits violates a Michigan Constitution amendment defining marriage and "similar unions."

In a 5-2 decision, the court ruled that the marriage amendment -- which was approved by Michigan voters in November 2004 and took effect one month later -- prohibits same-sex domestic partnerships from being recognized as unions "similar to marriage." The Detroit Free Press reports that "public employers in Michigan who had offered such benefits already had changed their policies to ensure their employees' partners would remain covered. But lawyers and gay rights advocates said the ruling sends a 'devastating' signal about the state's attitude toward gays, lesbians and their children."

• Read Wednesday's Michigan Supreme Court Decision [PDf file]
• No Benefits for Gay Partners, Court Says (Detroit Free Press)
• Same-Sex Couples and the Law (FindLaw)
• Domestic Partnerships (FindLaw)
• Employee Rights: Health Insurance (FindLaw)

Georgia Execution Ends Nationwide Moratorium

The first execution in the U.S. in more than seven months was carried out in Georgia last night, less than a month after the U.S. Supreme Court upheld the constitutionality of lethal injection.

Convicted killer William Earl Lynd was executed by lethal injection at a prison facility in Jackson, Georgia, after appeals to the Georgia Supreme Court and U.S. Supreme Court were refused. The execution was the first since the U.S. Supreme Court handed down a highly anticipated decision on April 16, ruling that Kentucky’s lethal injection protocol -- involving the administration of three drugs -- does not violate Eighth Amendment protections against cruel and unusual punishment. The Washington Post reports that a "de facto moratorium" on executions had been in place since last September (when the high court decided to assess the constitutionality of lethal injection) but now more states are expected to lift their capital punishment moratoriums -- with Texas setting dates for six executions this summer, and Virginia scheduling three.

• Execution is First Since Ruling (Washington Post)
• Lynd is First Person in U.S. Executed Since Moratorium (Atlanta Journal-Constitution)
• Supreme Court Upholds Lethal Injection (FindLaw's Common Law 4/16/08)
• Capital Punishment and the Death Penalty (FindLaw)
• U.S. Constitution: Eighth Amendment (FindLaw)

286,000 Pounds of Meat Products Recalled

Over 286,000 pounds of meat and chicken products have been voluntarily recalled by a New York food company, after testing revealed possible Listeria monocytogenes contamination.

The recalled products -- including fresh chicken salads, frozen burritos, and wrap sandwiches -- were produced and distributed nationwide to food service and retail stores by Gourmet Boutique, L.L.C., a company based in Jamaica, Queens in New York City. See a complete list of recalled products in a press release from the U.S. Department of Agriculture's Food Safety and Inspection Service (FSIS). Potential contamination was discovered through sample testing of the products by FSIS and a Florida agency, although FSIS has received no reports of illnesses associated with any of the recalled Gourmet Boutique products. Eating food contaminated with the bacterium Listeria monocytogenes can cause a serious infection called listeriosis, which primarily affects pregnant women, newborns, and adults with weakened immune systems.

• FSIS Press Release on Recall [PDF file] (U.S. Dept. of Agriculture)
• Washington Post: Meat that May Contain Fatal Germ is Recalled
• What is Listeria / Listeriosis? (FindLaw)
• Food Poisoning and the Law (FindLaw)

Fed Proposes New Credit Card Rules

The Federal Reserve Board has approved a plan that would protect consumers from the unfair billing practices of credit card companies and banks.

Among the reform measures announced by the Fed on Friday, consumers would be protected from unexpected interest rate increases on pre-existing credit card balances, credit card companies would need to allow for 21 days between the mailing of statements and the payment due date, and institutions would be prohibited from using payment allocation methods that maximize interest accrual. Reuters reports that the Federal Reserve Board -- along with the U.S. Office of Thrift Supervision and the National Credit Union Administration -- hope to have a final rule in place by the end of 2008.

• Federal Reserve Board Press Release on Credit Card Practices
• Reuters: Fed Backs Credit Card Reforms
• Chicago Tribune: U.S. Aims to Rein in 'Unfair' Credit Cards
• Avoiding Credit Card Debt (FindLaw)
• Shopping for Credit Cards (FindLaw)

$38M Settlement for Minn. Bridge Victims

Minnesota lawmakers have okayed a compensation agreement in connection with last summer's Minneapolis bridge collapse, including a $38M settlement fund for victims and their families.

On August 1, 2007, an Interstate 35W bridge collapsed over the Mississippi River in Minneapolis, killing 13 people and injuring dozens. According to the Minneapolis Star Tribune, the legislation sets up two funds for the 183 victims of the collapse: one $24M fund for victims and their families -- capped at $400,000 per individual -- and a supplemental $12.64M fund for damages above $400,000 for those "extraordinarily impacted" by the collapse. The Minnesota legislature gave final approval to the agreement on May 5th. CNN.com reports that a National Transportation Safety Board (NTSB) investigation into the cause of the bridge collapse is ongoing.

• Deal Reached for Bridge Collapse (Minneapolis Star Tribune)
• $38 Million Deal Reached in Minn. Bridge Collapse (CNN.com)
• Accident & Injury Center (FindLaw)
• Resolution Before Trial: Settlement (FindLaw)