Dr Shezad Malik Law Firm has offices based in Fort Worth and Dallas and represents people who have suffered catastrophic and serious personal injuries including wrongful death, caused by the negligence or recklessness of others. We specialize in Personal Injury trial litigation and focus our energy and efforts on those we represent.

Articles Posted in Personal Injury

As a Dallas Slip and Fall attorney I am writing this article to provide guidance for folks who are considering to file a slip and fall claim. You know folks, litigating slip and fall accidents in Texas is difficult because of the premises liability rules generated by our Texas Supreme Court.

In Texas, the status of the plaintiff is important; whether they are an invitee, licensee or mere trespasser. The duty of the premises owner will depend on the plaintiff’s status.

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“Slip and fall” or “trip and fall” accidents are the most common form of premises liability cases. Common everyday conditions or defects leading to premises liability accidents include wet slick floors, slippery surfaces, uneven floors or steps, cracked sidewalks, broken stair rails, falling objects, high-stacking merchandise, torn carpeting, poor lighting, inadequate security, dangerous conditions caused by inclement weather such as sleet, rain and ice, and failure to secure a swimming pool area etc.

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We recently settle a slip and fall case through mediation. My client had slipped and fallen while walking through a corridor on her way to a car park. She slipped on something that was sticky, badly twisting her ankle and fracturing the fibula bone in her ankle. She had moderate medical expenses and she was self insured, so she was on the hook for the medical bills.

Luckily we had a surveillance camera video which showed my client falling and the time she was on the ground…unfortunately it did not show what she slipped on. We settled for almost twice the initial pre-mediation offer and the defendants paid for the mediation fee.

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As Dallas Yaz/Yasmin/Ocella lawsuit attorney, I am providing this litigation update for folks who have either filed or contemplating filing a lawsuit against Bayer for the personal injuries they have suffered as a result of taking these medications.

This week, plaintiff attorneys who have filed a Yaz, Yasmin or Ocella lawsuit against Bayer, filed a motion in Southern Illinois federal court to extend deadlines for the discovery process.

The parties have asked that the specific discovery deadline for bellwether cases to be pushed back to April 14, 2011 and for the first trial to be pushed back from September, 2011, to January, 2012.

About 6,500 cases are currently in the federal MDL Yasmin and Yaz litigation. All of the lawsuits involve allegations that Bayer failed to adequately research their birth control pills or warn that Yaz and Yasmin may increase the risk of blood clots when compared to other birth control pills, resulting in strokes, pulmonary embolism, deep vein thrombosis, and gallstones.

The plaintiff attorneys say they have received over 50 million documents from Bayer to review and anticipate millions of more pages of documents that will need to be produced before trials can commence.

In October 2010, a Case Management Order (CMO) was filed in the federal MDL, scheduling three bellweather Yaz and Yasmin trials to occur in September 2011, January 2012 and April 2012. Cases are being prepared for these trial dates to help both parties test the strengths and weaknesses of cases and facilitate a Yaz/Yasmin/Ocella settlement.

According to allegations in complaints, the increased risk of Yaz, Yasmin and Ocella is linked to the use of drospirenone, a fourth generation progestin that is only found in these oral birth control pills and their generic equivalents.

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As a Dallas Hip and Knee medical device product liability attorney I am providing this update regarding the Zimmer Durom Cup litigation involving premature hip replacement failure and the current DePuy metal on metal ASR hip replacement lawsuits.

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For medical device makers, hip and knee replacements are increasing in the next few decades because of the surge in baby boomers. As a result we expect artificial hip and knees implant failures to increase.

In the Zimmer Durom Cup Product Liability Litigation, MDL NO. 2158, which is pending in the US District Court in Newark, New Jersey, the Court ordered all cases to proceed to mediation. Zimmer said they are anxious to settle for a “fair amount,” which will include lost wages and medical bills and revision (or replacement) surgery as a result of failed Zimmer hip. The first mediation started in San Francisco and mediations will follow nationwide so that the Zimmer victims can meet with Zimmer representatives.

The Durom Cup was implanted in more than 12,000 patients in the US between 2006 and 2008. In July 2008, Zimmer announced that it was temporarily suspending sales of the Durom Cup in the US, but denied any “evidence of a defect with its product.” The complaint alleges that the failure rate of the Durom Cup is between 20 percent and 30 percent and likely will climb much higher in the next few years.

Now we have litigation that has commenced with the DePuy metal on metal ASR hip replacements. These Johnson and Johnson metal on metal ASR hips also fail at an unacceptable rate. These cases have been consolidated in the Northern District of Ohio federal court MDL.

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As a Dallas Medical Malpractice attorney and licensed medical doctor, I am providing this article regarding an Indiana surgeon who has been a fugitive on the run for many medical malpractice claims.

An Indiana surgeon who was on the run for over five years faces a wrongful death negligence lawsuit claiming he caused the death of a woman in 2004 after failing to diagnose her with lung cancer.

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The lawsuit alleges that the woman went to see the doctor in 2004 with a sore throat, that she received unnecessary surgery and delayed treatment, and died after lung cancer was not treated.

The surgeon was captured in Italy in 2009 and faces more than 350 medical malpractice suits.

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As a Dallas Topamax Cleft Lip and Cleft Palate attorney I am providing this update regarding Topamax and Topiramate Lawsuits.

Was your child born with a cleft palate or cleft lip after the use of Topamax (topiramate) while pregnant? If so, you should know that the United States Food and Drug Administration (FDA) has increased its warning of these birth defects caused by Topamax. The FDA announced that “there is positive evidence of human fetal risk” and warned that taking this medication during pregnancy created a higher risk that the baby would develop a cleft lip or cleft palate.

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Medical providers who treat migraine headaches are warning women of childbearing age about the pregnancy risks with Topamax, and warn that contraceptives should be used to avoid getting pregnant while on the medication.

Use of the epilepsy and migraine medication during the first trimester of pregnancy, could cause babies to born with the serious malformations from side effects of Topamax.

Topamax (topiramate) was first approved for treatment of epilepsy, and in 2004, the FDA approved Topamax for use of treating migraines. Generic forms of the drug began to appear in 2006.

The FDA estimates that approximately 32.3 million prescriptions for Topamax or a generic equivalent were issued from January 2007 through December 2010.

According to data from the North American Antiepileptic Drug Pregnancy Registry, children born to mothers who took Topamax while pregnant had an oral cleft birth defect about three times more often than infants born to women who took other antiepileptic drugs. When compared to children born to women without epilepsy or treatment with other antiepileptic drugs, the Topamax pregnancy risk was associated with a 20 times greater prevalence of cleft palate or cleft lip.

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As a Dallas Fosamax Femur Fracture attorney I am reporting the following update regarding the Fosamax Long Bone Lawsuits.

The long-term use of Fosamax is linked to an increased risk of femur fractures. We are reviewing and accepting Fosamax lawsuits nationwide. Women throughout the United States have reported suffering spontaneous femur fractures while on Fosamax, Merck’s osteoporosis drug.

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The femur, or thigh bone, is one of the strongest bones in the human body. Side effects of Fosamax may weaken the ability of the bone to repair itself from microdamage, increasing the risk of a bone fracture over time.

Merck has failed to adequately research their osteoporosis drug or warn about this potential Fosamax problem. A Fosamax femur fracture lawsuit, may result in financial compensation for users who have suffered broken bones.

Fosamax (alendronate sodium) has been prescribed to millions of people in the United States since it was approved in 1995 for treatment of osteoporosis and Pagets disease of the bone.

While Fosamax is prescribed to treat osteoporosis and reduce the risk of hip fractures and long bone fractures, the mechanism of action, which prevents bone turn-over, could make some users vulnerable to certain types of fractures.

Merck faces about 1,000 lawsuits over Fosamax jaw bone problems which can cause deterioration or decay of the jaw; a condition known as osteonecrosis of the jaw (ONJ). The federal Fosamax ONJ lawsuits have been consolidated and centralized into a multidistrict litigation (MDL) in the U.S. District Court for the Southern District of New York.

If you, a friend or family member experienced a broken thigh bone on Fosamax, request a free consultation and claim evaluation to review your rights with one of our Fosamax lawyers.

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As a Dallas Toxic Tort attorney I am providing this environmental pollution story.

Conroe Texas is ground zero in a battle between this Houston city, and EPA regulators against Texas environmental officials who approved an underground landfill. In Conroe, the fear is of contaminated water that could cause permanent harm to the only water source for the half-million residents in Montgomery County. And that aquifer feeds additional underground streams that provide water to millions of people in 54 counties.

“Once your water is dirty, you’ll never get it clean again,” said Rebecca Kaiser, a Conroe resident.

TexCom Gulf Disposal LLC, wants to inject liquid commercial waste into a well underground, that could include cancer-causing benzene and other toxic chemicals. This injection well is less than a mile from hundreds of homes and several schools.

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The proposed waste site in Conroe is an oil field with hundreds of abandoned wells. The U.S. Environmental Protection Agency is concerned that these wells could act as a pathway for the waste to travel to aquifers, and contaminate the drinking water.

There have been many similar problems in Texas, for example in Winona — an East Texas town where a company was forced to close its injection well in 1997 because of spills that residents alleged increased cancer rates and birth defects.

Also in 2005 in Chico, a North Texas town, where waste from an injection well bubbled up through other wells. Finally radioactivity forced the shutdown of municipal water wells.

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As a DePuy ASR Hip Recall attorney, I would to update the recipients of faulty DePuy ASR hip implants not to preserve their legal rights as Johnson & Johnson offers an early hip replacement settlement.

Before you accept this early hip replacement settlement offer, please seek a second opinion from a knowledgeable and experienced DePuy attorney.

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DePuy considers certain minor medical expenses reasonable for patients that experience DePuy hip side effects. But a DePuy hip lawsuit is necessary to get compensation for past, present and future medical therapies, lost wages, pain and suffering.

A second implant surgery is necessary for some patients because of a high failure rate for two of their devices. The DePuy Hip Recall includes the DePuy ASR Hip Resurfacing system and the ASR XL Acetabular Cup system.

Medical reports suggest that one in eight patients will require a revision surgery within five years of their first implant.

This DePuy hip recall litigation suggests that patients will be observed closely for any side effects in the foreseeable future, including continued pain, inflammation, metallosis, difficulty walking or other DePuy ASR hip replacement side effects.

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As a Fort Worth Accutane Inflammatory bowel disease attorney, I am writing about the upcoming trial in New Jersey state court. These trials have been anticipated for a long time and will inject Hollywood into the proceedings, as one of the plaintiffs is a film actor.

Trial will began this week in New Jersey state court, for three plaintiffs who allege that they suffered severe bowel disease from Accutane.

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Roche faces 3,000 Accutane bowel lawsuits, which all involve allegations that the drug maker failed to adequately warn users about the potential risk of injury associated with the acne medication. The plaintiffs claim there is an increased risk of inflammatory bowel disease (IBD) from Accutane (isotretinoin), which could lead to ulcerative colitis, and Crohn’s disease.

Roche has lost all six Accutane trials that have previously reached a jury.

The number of Accutane complaints filed in New Jersey continues to increase as former users discover that there may be a connection between their bowel problems and Accutane.

The next Accutane trial is scheduled in May 2011, and involves a case filed by Kamie Kendall. The earlier verdict was reversed on appeal because Roche was denied introducing evidence about the number of individuals who have used the acne medication over the years.

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As a Dallas car accident attorney, I am writing to inform folks about the dangers to automobiles and drivers from highway construction zones.

Construction sites and highway construction zones are adversely impacted by poor communication, a work force in a hurry, third party contractors, a mind set of profits before people and safety and negligence.

The first rule of safety is to eliminate the danger; if that is not possible, then the second rule of safety is to barricade the danger and if that is not possible then you communicate the danger and warn. The trouble is how can you communicate with somebody who does not understand or speak English.

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Safety violations can occur; by breaking and ignoring local, municipal, city, county, state or federal regulations, for example when equipment is left too close to the side of the road, or when proper safety policies and procedures are not followed, construction companies and employers can be held financially liable.

Highway and road construction zones are the most dangerous road conditions in Texas. In the Dallas/Fort Worth area major highways and thoroughfares are always under construction, leaving drivers to deal with improperly marked roads, obstacles, and other hazardous road conditions. In our Metroplex, we have over 6,000 miles of highways and roads. Hundreds of drivers and passengers of cars, semi-trucks, buses and motorcycles are injured or killed every year in construction zone accidents that could have been easily prevented and avoided.

If you or a family member has been injured in a highway or construction zone car accident, there may be more than one party that can be held responsible and required to compensate you for your injuries. Road maintenance crews, highway design engineers, and other drivers are often held legally accountable for their negligence Contractors, subcontractors or government agencies in charge of construction zones may also be held liable if they were negligent in their duties.

The following is a list of some factors that may lead to an auto accident in a construction zone:

Substandard road maintenance
Unmarked or unfixed potholes
Dangerous gravel on the road or road resurfacing
Slippery road surfaces due to spills especially chemicals or oil
Substandard or defective marked construction zones
Dangerous unmarked changes in road conditions
Defective or missing Guardrails
Substandard marked intersections
Negligently or reckless designed roadways, bridges, and rights-of-way

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