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 Texas Supreme Court said that a San Antonio woman could not sue her doctor over a surgical sponge left inside her body because she waited too long to file suit even though she could not have discovered the problem any sooner.

The court ruled 9-0 that the patient, Emmalene Rankin, ran afoul of the statute of repose, a tort reform law enacted in 2003 that strictly bans any medical malpractice lawsuit filed more than 10 years after surgery.

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In a further blow to the antivaccine movement, three judges ruled Friday in three separate cases that thimerosal, a preservative containing mercury, does not cause autism.

The three rulings are the second step in the Omnibus Autism Proceeding begun in 2002 in the United States Court of Federal Claims. The proceeding combines the cases of 5,000 families with autistic children seeking compensation from the federal vaccine injury fund, which comes from a 75-cent tax on every dose of vaccine.

Read the full story here at the NY Times

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Tatum and Charlene Hernandez built their dream house in Mandeville in 2006, but their home has been their nightmare ever since they realized last year that it’s filled with problem drywall from China.

The air-conditioning and other appliances keep failing. Charlene Hernandez, a labor and delivery nurse at Oschner, gets bad headaches she never used to have. Their children, Grant, 4, and Amelia, 2, seem prone to respiratory issues.

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An Oregon girl whose truck-driver father accidentally ran her over with his big rig has won $24.3 million in damages from the Portland company that a Sacramento judge found legally responsible for her injuries.

In a court-trial decision returned Dec. 14, Judge David W. Abbott said the firm that hired Simon Loza Mejia, Freeway Transport Inc., was liable for the girl’s injuries.

“Defendant was listed on the shipper’s bill of lading as the carrier,” Abbott wrote. “Defendant insured the load. Defendant guaranteed delivery of the load.”

Read full story here at the Sacramento Bee.

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The city of Los Angeles paid $7 million to settle a lawsuit brought by a volunteer for the Los Angeles Triathlon, who was left a paraplegic by an accident during the event in 2007, according to his attorney.

Steve Albala, who was 60 at the time of the accident, was on his motorcycle helping to officiate the bicycle portion of the triathlon. A traffic officer motioned for a vehicle to enter an intersection into the volunteer’s path, causing the accident, Albala’s attorney contended in the lawsuit.

Read the full story here at the LA Times.

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The family of a bicyclist killed last year in a collision with a truck in Baltimore has filed a $5 million wrongful-death lawsuit against the driver and his employer.

On Aug. 4, John R. “Jack” Yates, 67, was riding his bike behind a truck when he became caught in the vehicle’s rear wheels and was run over as it turned right, police said at the time. Yates died at the scene.

The civil suit, filed in Baltimore Circuit Court on behalf of Yates’ wife, son and daughter, alleges negligence by driver Michael Dale Chandler of Severn and his employer, Potts & Callahan Inc., a demolition, excavation and equipment rental company, and seeks compensatory damages.

Read full story here at the Baltimore Sun.

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Some of the nation’s leading orthopedic surgeons have reduced or stopped use of a popular category of artificial hips amid concerns that the devices are causing severe tissue and bone damage in some patients, often requiring replacement surgery within a year or two.

In recent years, such devices, known as “metal on metal” implants, have been used in about one-third of the approximately 250,000 hip replacements performed annually in this country. They are used in conventional hip replacements and in a popular alternative procedure known as resurfacing.

The devices, whose ball-and-socket joints are made from metals like cobalt and chromium, became widely used in the belief that they would be more durable than previous types of implants.

Read full story here at the New York Times

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On October 7, 2006, Steven Butler, by his own admission, was drunk and disorderly. He refused an order from a police officer in his hometown to get off a city bus. The officer used his Taser ECD (officially, an “Electronic Control Device”) three times.

According to doctors, Butler suffered immediate cardiac arrest. He was revived by emergency medical technicians who happened to be close by, but his attorneys say his brain was deprived of oxygen for as long as 18 minutes. He is now permanently disabled.

Read the full CNN story here.

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Family members of a Fort Worth woman killed in a December wreck involving an allegedly intoxicated off-duty Fort Worth police officer filed suit today against the Fort Worth bar at which the officer had been drinking.

At a news conference in Dallas today, the family’s attorney said the family of Sonia Baker decided to sue The Pour House not as a quest for money, but to hold such establishments accountable for over-serving patrons and “placing profits ahead of safety.”
The lawsuit is filed under the state’s Dram Shop Act, which allows those who sell alcohol to an obviously intoxicated person to be held liable for resulting damages.

Read the full story here at the Fort Worth Star Telegram.

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In an annual 2009 report released by Bayer, the number of contraceptive lawsuits over Yaz, Yasmin and Ocella has risen to about 1,100 filed cases, and that number will continue to increase as thousands of women are considering claims for serious injuries that have been caused by side effects of the birth control pills.

Included among the claims are five Yasmin and Yaz class action lawsuits; three filed in the United States and two filed in Canada, according to Bayer’s 2009 annual report released late last month.

Read the full Bayer 2009 Report here

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