Personal Injury

February 23, 2011

Colorado Bus Crash Law Suit Against Texas Bus Company

As a Fort Worth Bus Accident attorney, I am reporting this bus crash lawsuit, which was just filed in Fort Worth district court.

A lawsuit was filed against a Fort Worth-based bus company on behalf of Denton church members who were injured in a Colorado bus crash in December.

The defendants are the bus driver, Fred Kornegay of Grand Prairie, and the bus company, Gotta Go Express Trailways Inc. in Fort Worth.

The members of Trinity United Methodist Church in Denton were injured during a ski trip to Crested Butte, Colo. There were 46 people on the bus, including the driver.

The group was on Highway 114 outside of Gunnison, Colo., when the bus went out of control, collided with a post and rolled down an embankment striking a tree.

Colorado investigators determined that Kornegay was driving at high speeds before the crash, including passing as many as three vehicles at a time on a two-lane road — despite dangerous icy conditions and decreased visibility.

Kornegay was issued a citation by Colorado authorities for careless driving in the crash.

February 22, 2011

Darvocet, Darvon, and Propoxyphene MDL March Hearing

by Dr. Shezad Malik

As a Fort Worth Darvon, Darvocet and Propoxyphene recall attorney I am providing this update regarding the upcoming MDL hearing, presently set for late March in California.

There is going to be a hearing that will decide whether all Darvon and Darvocet lawsuits should be consolidated for pretrial proceedings as part of an MDL, or multidistrict litigation in federal court.

The U.S. Judicial Panel on MDL (JPML)has set a hearing for March 30th in San Diego, where they will consider the proposed consolidation of the Darvon and Darvocet litigation.

There are currently at least four different lawsuits over Darvocet that have been filed against Xanodyne Pharmaceuticals in three different federal district courts.

All of the suits contain allegations that the manufacturer failed to adequately research the side effects of Darvocet and Darvon and failed to warn doctors and patients that propoxyphene-based drugs caused heart rhythm problems that could sometimes be fatal.

A Darvon and Darvocet recall was issued on November 19, 2010, after the FDA determined that propoxyphene-based painkillers may increase the risk of heart rhythm abnormalities, including heart arrhythmias or sudden heart-related death.

Multidistrict litigation, and centralization is common in complex product liability claims involving a large number of lawsuits over injuries associated with a particular product. The process is designed to avoid duplicate discovery, prevent inconsistent rulings by different judges and to promote the efficient litigation of the cases.

Xanodyne has opposed consolidation of the Darvocet litigation, stating that much of the evidence and discovery in the cases will focus on the individual health of each plaintiff. The company also stated that some plaintiffs took versions of Darvon or Darvocet that were not made by Xanodyne, and so arguing that the Xanodyne could not be held liable in these cases.

Furthermore, Xanodyne argues that the cases should be centralized in the Eastern District of Kentucky, where the drug maker is headquartered.

February 20, 2011

Federal Lawsuit Claims Military Fails to Prevent Sexual Abuse

by Dr. Shezad Malik

As a Fort Worth Sexual Abuse attorney I am writing about a recent sexual abuse Federal lawsuit involving the armed forces.

A federal lawsuit alleges the Department of Defense of allowing a military culture that fails to prevent rape and sexual assault, and of mishandling cases that were brought to its attention, therefore violating the plaintiffs’ constitutional rights.

The suit — brought by 2 men and 15 women, both veterans and active-duty service members — specifically claims that Defense Secretary Robert M. Gates and his predecessor, Donald H. Rumsfeld, “ran institutions in which perpetrators were promoted and where military personnel openly mocked and flouted the modest Congressionally mandated institutional reforms.”
The suit, which was filed in Federal District Court in Virginia, seeks monetary damages, and those involved with the case said their goal was an overhaul of the military’s judicial system regarding rape, sexual assault and sexual harassment.

February 18, 2011

Merck Wins 3rd Fosamax Osteonecrosis Lawsuit

by Dr. Shezad Malik

As a Fort Worth Fosamax osteonecrosis attorney I am reporting this 3rd win by Merck.

Merck & Co. won a lawsuit brought by a patient who said the company’s osteoporosis drug Fosamax caused dental and jaw problems.

A jury in the Superior Court for Atlantic County, N.J., found that Fosamax did not cause the patient’s dental and jaw problems.

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The patient used Fosamax from 1999 to 2006, and suffered jaw problems after having a tooth removed in December 2005. Merck said the woman’s history of dental problems and use of steroid medications contributed to those problems.

Merck has more than a thousand lawsuits brought by patients who say they developed jaw and dental problems including osteonecrosis of the jaw — or rotting of the jawbone — after using Fosamax. Merck has now won three of the four lawsuits that have gone to trial.

February 11, 2011

Benzene Cancer Update

by Dr. Shezad Malik

As a Dallas Benzene Cancer attorney I am providing this information blog because I have recently talked to some potential plaintiffs who believe that they may have been exposed to Benzene and that their cancers may be related to this industrial exposure.

Benzene is an aromatic hydrocarbon that is produced by the burning of natural products. It is a component of products derived from coal and petroleum and is found in gasoline and other fuels. Benzene is used in the manufacture of plastics, detergents, pesticides, and other chemicals. Research has shown benzene to be a carcinogen (cancer-causing). With exposures from less than five years to more than 30 years, individuals have developed, and died from, leukemia. Long-term exposure may affect bone marrow and blood production. Short-term exposure to high levels of benzene can cause drowsiness, dizziness, unconsciousness, and death.

Benzene is addressed in specific standards for the general industry, shipyard employment, and the construction industry.

Individuals employed in industries that make or use benzene may be exposed to the highest levels of benzene. These industries include benzene production (petrochemicals, petroleum refining, and coke and coal chemical manufacturing), rubber tire manufacturing, and storage or transport of benzene and petroleum products containing benzene. Other workers who may be exposed to benzene because of their occupations include steel workers, printers, rubber workers, shoe makers, laboratory technicians, firefighters, and gas station employees.

February 10, 2011

Asbestos Mesothelioma Update

by Dr. Shezad Malik

Mesothelioma is a deadly disease that is caused by exposure to asbestos, which is a naturally occurring silicate mineral that exists, in a fibrous state composed of microscopic crystals. Asbestos was used in a variety of building applications, as a heat insulator, electrical resistant insulator, and as a composite material in joint compound and concrete.

Mesothelioma litigation represents the longest running Mass Tort in the history of America. Every year, 10,000 people die from mesothelioma, and 800,000 claimants have sought compensation against approximately 8,400 defendants.

Most people who develop mesothelioma have worked on jobs where they inhaled asbestos and glass particles, or they have been exposed to asbestos dust and fiber in other ways. It has also been suggested that washing the clothes of a family member who worked with asbestos or glass can put a person at risk for developing mesothelioma. Unlike lung cancer, there is no association between mesothelioma and smoking, but smoking greatly increases the risk of other asbestos-induced cancers
Mesothelioma is a type of cancer that attacks the thin layer of cells that line the body’s internal organs, known as mesothelium.

Mesothelioma disease exists in three forms. The most common type is pleural mesothelioma, and this disease accounts for approximately 70% of all mesothelioma cases. Pleural mesothelioma occurs in the lining of the lungs, known as pleura.

The second variety of mesothelioma, pericardial mesothelioma, occurs in the lining of the heart, known as the pericardium.

The third form, peritoneal mesothelioma occurs in the lining of the abdominal cavity, known as peritoneum.

February 9, 2011

DePuy ASR Recall Update

by Dr. Shezad Malik

As a Dallas DePuy ASR Recall attorney I am providing this important update regarding the recent MDL hearing in Florida.

Johnson & Johnson and plaintiff attorneys are negotiating a procedure for preserving and handling company’s recalled hip implant devices after patients get them replaced through surgeries. J&J’s DePuy Orthopaedics unit recalled the implants on Aug. 26, after researchers found a second operation, or “revision surgery,” was needed after five years at rates higher than the company expected. Doctors had implanted 37,000 ASR XL Acetabular System devices.

The implants and tissue removed are important evidence in the individual lawsuits by DePuy patients. The protocol for handling and analyzing the explants, will help document excessive metal wear of the device and the destructive tissue damage caused by the debris.

February 1, 2011

Dallas Avandia Heart Attack Death Update 817-717-1772

by Dr. Shezad Malik

As a Fort Worth Avandia Product Recall Attorney, I am providing this latest Avandia lawsuit information.

GlaxoSmithKline Plc has settled a lawsuit alleging its Avandia diabetes drug caused a North Carolina man to die of a heart attack, thus avoiding a jury determination over risks associated with the medicine.

The U.K.’s biggest drugmaker resolved the suit by the family of James Burford, an Avandia user who died in 2006.

The lawsuit, scheduled for trial this week in Philadelphia federal court, was the first of 2,000 heading to court alleging Glaxo hid Avandia’s health risks.

Glaxo announced Jan. 17 that it is taking a $3.5 billion charge to cover expenses linked to investigations and suits over Avandia. The reserve brings to $6.4 billion the amount the drugmaker has set aside in the past 12 months for legal costs tied to Avandia.

The latest settlement resulted from Glaxo’s move to resolve all Avandia cases brought by plaintiffs’ attorneys in Philadelphia of more than 1,600 cases consolidated there.

The company still faces at least 1,600 cases filed in Philadelphia and another 400 in state courts across the U.S., lawyers for Avandia users and the company said last week.

Lawyers for Burford’s family alleged that Glaxo refused to take Avandia off the market, even though studies concluded it increased risks of heart attacks and strokes. They also claimed Glaxo officials withheld studies by regulators showing the increased risk tied to the drug.

The case is Deborah A. Burford v. SmithklineBeecham Corp., 07-CV-05360, U.S. District Court for the District of Pennsylvania (Philadelphia)

January 28, 2011

$49 M Awarded in Wrongful Death Drunk Driving Truck Accident

by Dr. Shezad Malik

As a Fort Worth Traumatic Brain Injury, Wrongful Death and Truck Accident attorney I am providing this jury verdict out of California. Count this as a win for the good guys, but unfortunately no amount of money can turn back the clock and fully compensate the victims of this tragic and needless accident.

A California jury has awarded $49 million in a lawsuit stemming from a highway accident in 2007 that left one man dead and a police officer paralyzed.

Officer Pedeferri had pulled over motorist Andres Parra on U.S. Highway 101 north of Ventura when a man driving a truck slammed into them, killing Parra, and rendering the police officer a quadriplegic.

Jurors awarded Parra’s parents $10.2 million for the loss of their son.

The truck driver pleaded guilty to driving while intoxicated and transporting marijuana. He was sentenced in 2008 to 15 years in prison.

January 25, 2011

Fosamax Side Effect Lawsuit Update

by Dr. Shezad Malik

As a Fosamax Product Liability Osteonecrosis attorney I am providing this update of the current status of Fosamax MDL Litigation.

A Fosamax jury trial began last week in the Superior Court for Atlantic County, New Jersey. Merck states that the evidence will show that FOSAMAX did not cause the plaintiff to develop dental and jaw related problems and that Merck provided appropriate and timely information about FOSAMAX to the medical, scientific and regulatory communities.

In Rosenberg v. Merck, the plaintiff alleges she used FOSAMAX from 1999 to 2006. The plaintiff further claimed she suffered various jaw problems and complications following a tooth extraction in December 2005.

FOSAMAX was approved as a safe and effective medication by the U.S. Food and Drug Administration in September 1995 and is still on the market today and approved for multiple indications, including the treatment and prevention of osteoporosis in postmenopausal women.

This is the fourth FOSAMAX case to go to trial. The first three trials were conducted as part of the federal multidistrict litigation (MDL) proceedings before Judge John F. Keenan in the U.S. District Court for the Southern District of New York. The first case to be tried to a verdict, Maley v. Merck, resulted in a defense verdict for Merck in May 2010. The second case to be tried to a verdict, Boles v. Merck, initially resulted in a mistrial in September 2009 after the jury was unable to reach a unanimous verdict. A retrial of that case in June 2010 resulted in a plaintiff verdict, which has since been reduced by Judge Keenan and which Merck is appealing. The third case to be tried to a verdict, Graves v. Merck, resulted in a defense verdict for Merck in November 2010. As of September 30, 2010, approximately 1,180 cases, which include approximately 1,560 plaintiff groups, had been filed and were pending against Merck in either federal or state court.