WEST VIRGINIA RECORD

Jan. 5
Russell Holderness v. Elliott Levine
PA-Kelly J. Kimble; Judge N/A
* During the early morning hours of Aug. 23, 2008, Levine committed battery on Holdernuess by striking him in the face, knocking him to the ground and rendering him unconscious. Holderness suffered a concussion and a hematoma on the back of his head. He also suffered from nerve damage to the facial motor nerves, and residual fibrotic scar tissue on the left side of his face. Due to the injuries he received, he was placed on academic probation as a result of the time missed from school. Holderness seeks punitive damages, pre judgment interest, costs and attorney fees.
Case number: 09-C-4

Jan. 8
Barbara Chandler, Administratix of Estate of Nicholas Chandler v. Mylan Pharmaceuticals, Inc., Actavis Group, Actavis Totowa, Mylan Bertek Pharmaceuticals, Inc., UDL Laboratories
PA-Shawn A. Taylor; Judge N/A
* Nicholas Chandler, a resident of Alabama, was prescribed Digitek (Digozin) by his physician for treatment of a heart condition. Digitek (Digozin) is prescribed for various heart conditions that cannot be controlled by other medications. As a result of Chandler taking the prescribed medication, he suffered toxicity and died at the age of 23 on Jan. 9, 2007. Barbara Chandler alleges the defendants were negligent because the drug was provided for use by the public with twice the approved level of active ingredient. Digitek (Digozin) has a narrow therapeutic index and has a limited margin between effectiveness and toxicity. Chandler, as administratix of the estate is seeking judgment, jointly and severly, from all defendants, pre and post judgment interest and costs.
Case number: 09-C-12