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

The Miami Herald (7/7, Tasker) says that the Department of Veterans Affairs, “which in March 2009 revealed that more than 2,400 Miami-area veterans were given colonoscopies with improperly cleaned equipment, announced Tuesday that 79 veterans mistakenly were not notified they are at risk of contracting a disease such as HIV from the procedure.”

The agency, which “said the failure to contact the 79 veterans came from administrative errors relating to their charts,” has “temporarily removed Mary Berrocal, director of the Miami VA Healthcare System,” and replaced her with Thomas Capello, director of the Gainesville VA hospital, “until a 30-to-60-day investigation is complete.”

Read full Miami Herald story here.

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On the front page of its Business Day section, the New York Times (7/7, B1, Greenhouse) reports, “Wal-Mart Stores has spent a year and more than a million dollars in legal fees battling a $7,000 fine that federal safety officials assessed after shoppers trampled a Wal-Mart employee to death at a store on Long Island on the day after Thanksgiving in 2008.”

The company’s “all-out battle against the relatively minor penalty has mystified and even angered some federal officials,” but Wal-Mart “says that regulators are trying to enforce a vague standard of protection when there was no previous OSHA or retail industry guidance on how to prevent what it views as an ‘unforeseeable incident.’

Read the full story here at the New York Times.

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A Maryland jury awarded $2.025 million to the family of an inmate who was hit by a truck and killed while he was picking up trash on work detail in 2007.

According to the lawsuit, Rodney Jennings was crushed by a speeding dump truck that was exiting the highway he was working on.

The lawsuit also alleges that jail officials mistakenly believed that a vehicle had been in place to block the exit ramp from traffic, keeping the inmates safe. Ruben Castaneda, The Washington Post 06/25/2010
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The Minneapolis Star Tribune (6/23, Levy) reports on a case before the Minnesota Court of Appeals in which Burlington Northern Santa Fe is appealing “a record $21.6 million” verdict awarded “to the families of four young people killed in a 2003 train-car accident in Anoka,” MN.

BNSF attorney Sam Hanson said that Washington County Judge Ellen Maas’ “failure ‘to eliminate Minnesota state common law and replace it with federal regulations’ when instructing the jury at the start of the trial ‘entitled’ BNSF to a new trial, based on federal preemption.”

Read full story here.

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A Dayton, Ohio, couple will receive $27,000 from the city in a settlement for their involvement in a car crash with a local police officer.

The lawsuit claimed that Officer Adam Sharp caused the accident with the couple when he was driving the wrong way on a one-way road without his lights flashing or siren on. The couple incurred $64,000 in medical bills related to their injuries, the Dayton Daily News reported.

Lucas Sullivan, Dayton Daily News 06/23/2010
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ABC World News (6/28, story 7, 2:20, Sawyer) reported, “Two major studies have found the medicine called Avandia [rosiglitazone] could create a significant new risk of heart attack and other serious problems.”

The Washington Post (6/29, Stein) reports that one study, “involving more than 35,500 people, found that Avandia significantly raises the chances of a heart attack.” A separate study “of more than 227,500 Medicare patients — the largest such study to date — found that the drug boosts the risk for strokes, heart failure, and death.”

Los Angeles Times (6/29, Roan) reports that the first study “found Avandia raised the risk of heart attacks by 28% to 39% as compared with other diabetes medications. The study was published online in the Archives of Internal Medicine.”

Bloomberg News (6/29, Cortez) quotes Steven Nissen, MD, lead author of the study, as saying, “I think we’ve got more than enough evidence to say this drug should not be used.”

USA Today (6/29, Marcus) reports that in the second study, published in the Journal of the American Medical Association, “scientists from the Center for Drug Evaluation and Research at the Food and Drug Administration evaluated data from 227,571 Medicare beneficiaries taking either Avandia or Actos [pioglitazone hydrochloride].” The investigators found “no differences in the risk for heart attack between the two drugs, but the study found that compared with Actos, Avandia was associated with a 25% increased risk of heart failure, a 27% increased risk of stroke and a 14% increased risk of death.”

Lawmakers call for Avandia to be pulled from market. The Hill (6/28, Pecquet) “Healthwatch” blog reported that “Sen. Chuck Grassley (R-Iowa) and Rep. Rosa DeLauro (D-Conn.) on Monday called for the diabetes drug Avandia to be pulled from the market in the wake of two new medical studies.” In a joint statement, Sen. Grassley said, “The serious issues delineated in these two new, independent reports put additional onus on advisory committee members when they meet in July.”

Bloomberg News (6/29, Peterson, Cortez) reports that “Grassley and Senator Max Baucus, a Montana Democrat, in February released a report that said Glaxo knew Avandia may cause heart damage several years before” a “study documented the risk.”

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A lawsuit has been filed against the University of Cincinnati police and the University Hospital in the Taser death of a psychiatric patient.

Kelly Brinson was tased by police officers while under restraints at the hospital, the lawsuit claims, sending him into cardiac arrest and killing him three days later.

Brinson suffered from paranoid schizophrenia, bi-polar disorder, delusions and other mental disorders. The lawsuit accuses police of using extreme force and hospital officials of negligence in caring for Brinson. Eileen Kelle, The Cincinnati Enquirer 06/28/2010
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The diabetes drug Avandia, once the world’s top-selling diabetes medication, took two more hits with one new study linking it to an increased risk of heart attacks and a separate study linking it to an increased risk of heart failure and stroke.

The research comes only weeks before an upcoming federal hearing to reconsider its fate. Shari Roan, LA Times 06/29/2010
The drug, known by its generic name, rosiglitazone, was approved in 1999 to help people with Type 2 diabetes control their blood sugar. At the time, it was considered a safer alternative than existing diabetes drugs used instead of insulin. Soon after approval, the drug was linked to an increased risk of heart failure and bone fractures; worries about the drug’s safety increased in 2007 when a meta-analysis — a pooling of previous studies — concluded that the drug increased the risk of heart attack.

Read Article: LA Times

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A settlement has been reached between Bethany First Church of the Nazarene and Southern Nazarene University and five young girls who claimed to have been molested by the church’s elementary pastor.

The lawsuit claimed that Ryan Martin Wonderly molested the girls sometime before 2003 and that church and SNU officials were aware of his struggles with child pornography but still put him in charge of young kids. Wonderly is currently serving a 35-year prison sentence for child molestation. The exact monetary value of the settlement was not disclosed.

Nolan Clay, NewsOK.com 06/24/2010
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