Personal Injury

September 5, 2009

Broken-Nosed Fan Assumed Injury Risk During Pregame Warm-Up

Every baseball fan — or at least every attorney who follows baseball — knows that under the doctrine of assumption of the risk a team is not liable for fans injured by, say, foul balls or broken bats.

Now, in a suit filed by a fan whose nose was fractured by a bat at a Brooklyn Cyclones game, a Brooklyn judge has ruled that the doctrine also extends to a bat “propelled” by a player either “warming up” or “horsing around.”

“Among the dangers to which a baseball spectator has consented to is the danger that a loose baseball bat will strike a spectator and cause injury,” Supreme Court Justice Mark I. Partnow held in Elie v. City of New York, 20244/03.

September 5, 2009

Trial Set For January 2010 on Chinese Drywall

by Dr. Shezad Malik

A federal judge presiding over hundreds of lawsuits against Chinese drywall makers and installers said Thursday that he plans to hold the first trial in January 2010 for the cases, which claim the imported products emit sulfur, methane and other chemical compounds that have ruined homes and harmed residents’ health.

U.S. District Judge Eldon Fallon told attorneys that he expects them to pick six plaintiffs whose cases could be tried in early 2010, with the first trial starting in January.

Kerry Miller, a lead lawyer for companies named as defendants in the suits, said defense attorneys may need more time to prepare for the first batch of bellwether trials. Russ Herman, a lead plaintiffs lawyer, said he supports Fallon’s scheduling plan.

September 4, 2009

Number of Implicated Chinese Drywall Manufacturers Increases.

by Dr. Shezad Malik

The number of Chinese drywall manufacturers responsible for corrosion and potential health problems plaguing U.S. homeowners may be about to increase substantially.

With the first set of home inspections about to begin in the massive combined Chinese drywall litigation playing out in New Orleans, lawyers involved in the case were told to document the different identifying markings on wallboard found in affected homes.

On Thursday, they revealed that 36 separate variations of tainted drywall have been found — a much higher number than previously disclosed.

While some manufacturers may have more than one way of marking their product and some markings were stamped by distributors, the three dozen variations opens the door to a host of new companies publicly joining the mix.

September 4, 2009

Update: Fosamax Lawsuit Goes to Jury

by Dr. Shezad Malik

Drug executives, product liability lawyers and Wall Street analysts are closely watching a jury trial in New York over medical problems associated with Fosamax, a drug from Merck that has been taken by millions of women to offset the bone loss associated with menopause.

It is the first of about 900 state and federal cases pending against Merck in which plaintiffs claim that taking Fosamax caused them to develop a rare problem called osteonecrosis of the jaw.

Dental surgery is one of the triggers for the condition that can break down jawbone tissue, causing the gums to fall away and expose bone that looks moth-eaten, oral surgeons said.

September 4, 2009

Family of Man Killed by Taser Files Wrongful Death Lawsuit

by Dr. Shezad Malik

The family of a mentally ill man who died after he was shocked twice with a Taser fired by a Fort Worth police officer filed a federal lawsuit against the city and the police officer.

In the lawsuit, filed Monday in U.S. District Court in Fort Worth by the parents of Michael Patrick Jacobs Jr., the family is suing for damages in excess of $75,000 from the city and Cpl. Stephanie A. Phillips, the officer who deployed the Taser. Jacobs, 24, died in police custody April 18.

Last week Tarrant County Medical Examiner Nizam Peerwani ruled Jacobs’ death a homicide, saying that his death was caused after being shocked by the Taser for 54 seconds, “overstimulating his nervous system.” A Taser issues 50,000 volts with each shock that can temporarily immobilize a person.

September 3, 2009

Wrongful Death Lawsuit Filed After Man Died During Nudist Party

by Dr. Shezad Malik

The widow of a man who drowned during a nudist party at a Penn Hills pool in 2007 has settled a wrongful death suit brought against the pool owner for $246,000.

The family of Ronald E. Daugherty sued Olympic Swim and Health Club earlier this year in Allegheny County Common Pleas Court, saying the facility violated state law by not providing a lifeguard for a party held by the West Penn Naturist nudist club.

Mr. Daugherty, a 72-year-old retiree, drowned on April 14, 2007.

His death went unnoticed in the media, although the medical examiner’s office and Penn Hills police investigated. The cause of death was ruled accidental.

September 3, 2009

Whistleblower Suit Claims Toyota Concealing Evidence in Hundreds of Accidents.

by Dr. Shezad Malik

Toyota could face reopened vehicle-rollover lawsuits after allegations by a former in-house lawyer that the automaker concealed and destroyed evidence and conspired to obstruct justice in civil cases.

Dimitrios Biller, a former Toyota corporate lawyer involved in the rollover cases, contends in his lawsuit that the Japanese automaker’s executives “made every effort” to quash investigations from 2004 through 2007. Biller alleges Toyota destroyed data that should have been made available to plaintiffs’ lawyers in 300 product-defect lawsuits.

An attorney who lost one rollover case against Toyota and settled another filed a lawsuit Friday against Toyota alleging unfair practices, fraud and racketeering. “If Mr. Biller’s allegations are true, it should fit into all three of those,” says the lawyer, who is seeking class-action status for the lawsuit.

September 2, 2009

Malpractice Lawsuits From Medical Spa Laser Hair Removal

by Dr. Shezad Malik

Plaintiffs attorneys say medi-spas, where the beauty-conscious go to lose their unwanted facial hair, acne scars and fine lines, are a new litigation hot spot as patients increasingly sue over spa treatments gone wrong.

Laser hair removal in particular is triggering lawsuits, lawyers note, warning that even more litigation is on the horizon as the number of medical spas has soared.

According to the International SPA Association, which represents 3,200 spas globally, medical spas are the fastest growing segment of the spa industry and have quadrupled in numbers in recent years, from 471 in 2004 to 1,804 today.

September 2, 2009

Yaz, Yasmin, and Ocella Side Effect Lawsuits Increasing

by Dr. Shezad Malik

At least 50 federal and state lawsuits have been filed against Bayer due to serous side effects associated with Yasmin / Yaz.

Both the drugs are oral contraceptives that contain synthetic versions of the hormones estrogen and progestin, and are associated with side effects including stroke, heart attack, pulmonary embolism, deep vein thrombosis, gallbladder problems, and kidney problems.

Lawsuits have been filed against Bayer, the manufacturer of Yaz and Yasmin, alleging the company failed to adequately warn patients and physicians of the increased risk of serious adverse effects from Yaz Birth Control Medication. In certain cases, women have died due to these adverse effects of Yaz Birth Control.

September 1, 2009

Fort Worth Texas Asbestos Mesothelioma Lawsuits

by Dr. Shezad Malik

Asbestos is well recognized as a health hazard and is highly regulated. An estimated 1.3 million employees in the construction and general industry face significant asbestos exposure on the job. Heaviest exposures occur in the construction industry, particularly during the removal of asbestos during renovation or demolition.

Employees are also likely to be exposed during the manufacture of asbestos products (such as textiles, friction products, insulation, and other building materials) and during automotive brake and clutch repair work.