Personal Injury

January 24, 2011

Marine Files Lawsuit Over Toxic Camp Lejeune Water

As a Fort Worth Toxic Tort Groundwater contamination attorney I am providing this update on the Camp Lejeune litigation.

A former Marine has filed a $16 million lawsuit against the federal government, claiming that contaminated water at Camp Lejeune caused him to contract a rare form of breast cancer.

It is the latest damage claim in a long-running dispute between former residents and the Marine Corps over the polluted water.

Wells at the base were contaminated by fuel leaks and other sources of pollution before being closed two decades ago. Health officials think as many as 1 million people may have been exposed to tainted water.

January 23, 2011

Darvocet Wrongful Death Product Liabilty Lawsuits

by Dr. Shezad Malik

As a Fort Worth DARVON Product Liability Attorney I am providing this Darvon, Darvocet Update.

Since Dec. 3, seven lawsuits have been filed in federal court alleging that Xanodyne Pharmaceuticals Inc., the manufacturer of Darvocet and Darvon, knew of the risks but failed to warn doctors and the general public that the medications could contribute to heart disease.

The recalled pain pills Darvocet, Darvon, or the generic propoxyphene are some of the most dangerous drugs ever sold in the United States, and we are urging folks to stop taking Darvocet, Darvon, or the generic version propoxyphene pain pills immediately.

Many people we have talked with, who took Darvocet, or Darvon, developed severe heart rhythm issues including sudden death, and now are either medicated to control their heart beat, or they have a pacemaker or an implantable defibrillator.

The suits, some them class actions, were filed on behalf of people who suffered from heart problems or died after taking the drugs. Plaintiffs’ lawyers already have moved to consolidate the cases into multidistrict litigation.

January 20, 2011

Victims In Car Fire Were Filling Gas While Driving

by Dr. Shezad Malik

As a Fort Worth Car Accident Attorney, this story takes the biscuit as far as crazy things to do while you are driving.

According to police, a van that caught on fire in a Seattle suburb was caused by the passengers filling up the van with gas while driving.

According to one of the victims, she and her two friends had bought gas at a gas station. She said they didn’t have a gas can, so they filled an open bucket with two gallons of gas and put it in the van.

The engine cowling, a piece of metal that covered the engine had been removed. The passengers used a water bottle to transfer gas from the bucket directly into the carburetor in order to keep the engine running.

The van was filled with gas fumes, then the van stalled and as the driver tried to restart the van, it exploded.

According to Witnesses, the woman jumped out of the back of the van and fell to the ground, on fire, and that the van rolled over her leg. All three people were on fire and “desperately trying to put it out,” investigators said.

January 19, 2011

Car Accident and Road Rage in Grapevine Texas

by Dr. Shezad Malik

As a Fort Worth Car Accident Attorney, I am reporting this crazy case of road rage, which took place in my back yard of Grapevine, Texas.

A Dallas man, James D. Wilson, tried to escape after assaulting another driver in a road-rage incident here in Grapevine.

According to the Grapevine police, Wilson is expected to be charged with aggravated assault with a deadly weapon, endangering a child and criminal mischief. The incident occurred on westbound Texas 114, which is being rebuilt as part of the DFW Connector project.

The other driver, was with his wife, his 9-year-old daughter and their dog in their BMW when he was cut off by a pickup.

The pickup pulled up beside the BMW and then the pickup driver and his passenger got out and yelled at the BMW driver.

The pickup driver got into his truck, leaving the door open, and backed into the BMW and the driver with the door.

The BMW driver got up after being hit, and was dragged about 100 feet while hanging on the door. The BMW driver eventually let go of the door and rolled onto the roadway.

Luckily the incident was witnessed by an off duty police officer and the arrest took place. The man who performed the criminal attack should have his license revoked, pay a hefty fine and go to jail. These kind of assaults/road rage cannot be tolerated in a civilized society…zero tolerance.

January 17, 2011

Houston Doctor and Clinic Busted for Wrongful Death

by Dr. Shezad Malik

As a Fort Worth Medical Malpractice attorney, I am providing the jury verdict and a win for the good guys.

Jurors awarded $10.1 million in damages to the family of an overdose victim, hoping the verdict strikes fear into other “pill mills” that have turned Houston into a national center for prescription drug abuse.

“Our verdict shows how much our community is against these pill mills and wants things to change,” said juror Lauren Simmons, after finding gross negligence led to the overdose death of Michael Skorpenske of Conroe.

Skorpenske, 54, died July 7, 2007, two days after his only visit to the Family Medi Clinic in The Woodlands where he received a prescription for three potent drugs: hydrocodone, xanax and soma.

He had sought help there for chronic pain he suffered from a motorcycle injury and a fall at a petrochemical plant.

According to records, the clinic’s director, Dr. Maurice Conte, had prescribed this same drug combo at least 3,800 times between 2006 and 2007 at more than 17 pain area clinics that he supervised. Dr. Maurice Conte, was forced to surrender his license to the Texas Medical Board after Skorpenske died.

Conte, who repeatedly pleaded the Fifth Amendment against self-incrimination during the four-day trial, was found grossly negligent and slapped with the stiffest penalty: $9.05 million.

January 15, 2011

Texas Supreme Court to Answer: Is Builder Liable for Bridge’s Guardrail Gap?

by Dr. Shezad Malik

The law is always changing when it comes to accidents, and as a Fort Worth Car Accident attorney I read with interest this car accident case which is now in front of the Texas Supreme Court.

Seven years ago, near Fredericksburg, Courtney Foreman of Cedar Park drowned after construction work left a 15-foot gap in a bridge guardrail room enough for her car, sliding on wet dirt and gravel, to hit the Pedernales River.

She was 18. But a lawsuit against the construction company that followed those plans was thrown out, only to be reinstated on appeal.

Now the case is before the Texas Supreme Court, which will determine whether the Allen Keller Co. had a duty to protect drivers like Foreman from a potentially dangerous situation. The answer could have repercussions for Texas contractors, construction firms and accident victims.

January 14, 2011

FDA Multaq Dronedarone: Risk of Severe Liver Injury

by Dr. Shezad Malik

As a Fort Worth Product Liability and Defective drug attorney I am reporting this latest warning from the FDA involving the drug, Multaq.

The Food and Drug Administration (FDA) said that it has received several reports of liver damage with Multaq tablets, including two cases in which patients had to have their livers removed.

Both female patients were 70 years old, and they had been taking the drug for 4.5 months and six months, respectively.

The FDA said it would add a new warning about the risk for liver damage to the label of Multaq. Multaq already carries a black box warning, the most severe type, stating the drug can cause severe complications, including death, in people with recent severe heart failure and should not be used in those patients.

Sanofi-Aventis SA, the manufacturer of the medication, will send a letter to US doctors telling them that two patients taking the Multaq (dronedarone) medication have suffered liver failure.

Multaq, cleared for sale in 2009, treats atrial fibrillation, a rapid and irregular beating in the heart’s upper chambers affecting an estimated two million people in the US, according to the National Heart, Lung and Blood Institute.

According to the FDA, patients taking the drug should call their doctor if they experience symptoms such as itching, yellow eyes or skin, dark urine, loss of appetite, or light-colored stools,

January 8, 2011

DePuy Hip Recall Lawyers and MDL Court Meeting in January

by Dr. Shezad Malik

As a Fort Worth DePuy Hip Recall and Injury Attorney I am providing this DePuy Litigation update.

The DePuy Product Liability Attorneys involved with the DePuy Recall and class action lawsuits are scheduled to meet with the federal judge that is presiding over the multi-district litigation (MDL) on January 20th.

In December, a U.S. Judicial Panel ruled to consolidate all federal DePuy hip recall lawsuits in the Northern District of Ohio. The meeting scheduled for January will allow the Judge to select which attorneys will serve in leadership roles for the plaintiffs and the defendants.

Over 100 DePuy hip recall lawsuits have already been transferred to the MDL Court, and thousands more are expected to be filed or transferred in the coming months.

The claims are being consolidated in an effort to reduce the burden on the court system. All of the cases that have been and will be filed under the MDL will have similar allegations against a common defendant, DePuy Orthopedics and its parent company Johnson & Johnson. Many claims will be seeking similar damages resulting from similar injuries and much of the same discovery will be applicable to a majority of the claims.

DePuy ASR hip implants were recalled by DePuy last year after it was discovered that the metal on metal implants had an extremely high rate of failure, but most of damage had already been done. Over 90,000 people world wide were implanted with the defective devices between the 2005 launch and the recall some five years later. It is estimated that about 35,000 defective DePuy hips were implanted in the United States alone.

Patients implanted with a recalled DePuy hip implant may still be at risk for problems related to the release of small particles from the metal-on-metal devices, even if they have not experienced pain or other symptoms. Therefore, if you have received an implant involved in the DePuy hip replacement recall, do not wait until you experience symptoms of DePuy hip problems to learn your legal rights.

January 1, 2011

Dallas Bard Recovery and G2 IVC Filter Lawsuits

by Dr. Shezad Malik

As a Dallas Product Liability attorney and Bard Recovery and G2 IVC Filter lawyer, I am writing an update about this latest FDA warning regarding the Inferior Vena Cava filters.As I wrote previously in my blog, there are serious and fatal complications of the widely used Bard inferior vena cava (IVC) filters.

G2TM IVC Filter Lawsuits

G2™ Filter System Lawsuits allege that the G2TM Filter System possesses manufacturing and design defects which resulted in device failure. The injured plaintiffs experienced fracture and migration of the G2TM Filter.

In 2005, Bard Peripheral Vascular began selling its G2TM IVC filter. This replaced the RecoveryTM IVC filter. Despite the “enhanced fracture resistance” and “enhanced migration resistance” advertisements by Bard Peripheral Vascular, the device has still been shown to fracture, fail and migrate.

RecoveryTM IVC Filter Lawsuits

The RecoveryTM IVC filter was approved by the Food and Drug Administration in 2002. It was placed on the market for use in 2003. Its manufacturer, Bard Peripheral Vascular withdrew the RecoveryTM IVC filter from the market in 2005 and replaced it with the G2TM IVC filter. The G2TM IVC filter is the “second generation” of the RecoveryTM IVC filter.

A recent medical report has found that 25% of all Bard Recovery IVC filters and 12% of Bard G2 IVC filters fractured. These fractured filters have the potential become dislodged and cause serious and fatal injury. 71% of the broken pieces migrated through the veins of the patient to the heart. The FDA has received more than 900 reports of adverse events, including:

* Deep Vein Thrombosis (DVT)
* Filter Fracture, Migration or Embolization, leading to Injury to the Heart, Lung or Vena Cava
* Cardiac or Pericardial Tamponade
* Severe Persistent Chest Pain
* Shortness of Breath
* Death

December 31, 2010

FDA Warns Against Inferior Vena Cava Filters

by Dr. Shezad Malik

As a Fort Worth Product Liability attorney and Bard IVC Filter lawyer, I am writing about this latest FDA warning regarding the Inferior Vena Cava filters.

Patients who suffer from the threat of pulmonary embolism and are contraindicated for anticoagulation therapy may find themselves receiving an Inferior Vena Cava (IVC) filter to prevent pulmonary embolism.

Inferior vena cava filters are an alternative treatment for patients at risk for a pulmonary embolism. They are often used when an anticoagulant is contraindicated or if such medications have not been effective. They contain a number of legs or struts that extend out like a spider to catch blood clots that may break free elsewhere in the body, such as the deep veins of the legs. But, if there is an IVC filter strut fracture, small pieces of the filter may travel to other parts of the body, such as the heart or lungs.

Since 2005, the FDA has received 921 device adverse event reports involving IVC filters, of which 328 involved device migration, 146 involved embolizations (detachment of device components), 70 involved perforation of the IVC, and 56 involved filter fracture.

These types of events may be related to a retrievable filter remaining in the body for long periods of time, beyond the time when the risk of pulmonary embolism (PE) has subsided.

RECOMMENDATION: FDA recommends that implanting physicians and clinicians responsible for the ongoing care of patients with retrievable IVC filters consider removing the filter as soon as protection from PE is no longer needed.

Healthcare professionals and patients are encouraged to report adverse events or side effects related to the use of these products to the FDA’s MedWatch Safety Information and Adverse Event Reporting Program:

* Complete and submit the report Online: www.fda.gov/MedWatch/report.htm

* Download form or call 1-800-332-1088 to request a reporting form, then complete and return to the address on the pre-addressed form, or submit by fax to 1-800-FDA-0178
Read more here about the IVC Filters.

These IVC Filter devices have recently come under investigation due to a high number of Bard IVC filter fractures which can cause pieces of the devices to travel through the body and damage the heart, lungs and other organs, causing embolisms and possibly death.

In a study published in November in the Archives of Internal Medicine, two Bard IVC filters were found to have a particularly high rate of problems. According to Dr. Rita Redberg in an editorial published by the Archives of Internal Medicine, both of those filters, the Bard G2 and Bard Recovery, were approved with virtually no real clinical data showing they were safe or effective.

Redberg said that researchers suggest that the number of Bard G2 filter fractures is likely to increase as they stay on the market and have been in patients’ bodies longer. She said that data indicates about 62,000 people have received the implants, and as many as 7,000 can expect to experience a Bard IVC filter fracture.

A number of Bard IVC filter lawsuits have been filed against C.R. Bard over the last year alleging that serious injuries or deaths were caused by design defects associated with these filters.