Toxic Injury

September 5, 2009

Trial Set For January 2010 on Chinese Drywall

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 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.

August 31, 2009

Nursing Home Medical Malpractice: Staff Dispensed 10 times Correct Dosage

by Dr. Shezad Malik

On Oct. 18, 2005, plaintiff Alvin Greenberg, 58, disabled, suffered from an overdose of Zyprexa. He had been administered the drug by the staff at the Green Acres Rehabilitation and Nursing Center, in Wyndmoor, where he was a resident; the order for the anti-psychotic medication had been called into the facility by his treating physician three days earlier.

Greenberg’s daughter and power-of-attorney, Alicia Greenberg, sued Green Acres, Melanio Aguirre, Greenberg’s attending physician, and Aguirre’s practice, claiming negligence, in order to recover personal injury damages. Prior to trial Greenberg settled with Green Acres for an undisclosed amount but Green Acres still remained in the action as a defendant.

Plaintiff’s counsel alleged that Greenberg was given 10 times the proper amount of Zyprexa, causing Greenberg to require an emergency room admission for Zyprexa toxicity. According to counsel, when Aguirre spoke to the nurse by telephone on Oct. 15, it wasn’t clear whether Aguirre directed the nurse to give Greenberg 25 mg or 2.5 mg of the medication. Plaintiff’s counsel asserted that both Aguirre and the nursing home were liable for the overdose because they didn’t ensure that Greenberg receive the proper dosage of the medication he required.

August 28, 2009

Exxon Loses Second Phase of New York Water-Well Trial

by Dr. Shezad Malik

Exxon Mobil Corp. lost the second phase of a trial in which New York City accused the company of poisoning the city’s groundwater, with a jury ruling that a gasoline additive will remain in water wells for years.

The case is part of larger litigation over methyl tertiary butyl ether, or MTBE. More than 70 lawsuits filed by water providers and state and local governments were consolidated before U.S. District Judge Shira Scheindlin for pretrial information-gathering, according to an industry Web site.

An 11-member jury decided today that MTBE will contaminate the output of six affected wells at a peak level of 10 parts per billion in 2033. The verdict came on the third day of deliberations, less than two hours after jurors told Scheindlin they were deadlocked on a part of the case.

August 27, 2009

Camp Lejeune Residents Blame Rare Breast Cancer Cluster on the Water.

by Dr. Shezad Malik

Camp Lejeune residents blame rare breast cancer cluster on the water.

For three decades, dry-cleaning chemicals and industrial solvents laced the water used by local Marines and their families. Mike Partain and at least 19 others developed male breast cancer.

One night in April 2007, as Mike Partain hugged his wife before going to bed, she felt a small lump above his right nipple. A mammogram — a “man-o-gram,” he called it — led to a diagnosis of male breast cancer. Six days later, the 41-year-old insurance adjuster had a mastectomy.

Partain had no idea men could get breast cancer. But he thinks he knows what caused his: contaminated drinking water at Camp Lejeune, N.C., where he was born.

Over the last two years, Partain has compiled a list of 19 others diagnosed with male breast cancer who once lived on the base.

August 27, 2009

Camp Lejeune Residents Blame Breast Cancer on the Water

by Dr. Shezad Malik

For three decades, dry-cleaning chemicals and industrial solvents laced the water used by local Marines and their families. Mike Partain and at least 19 others developed male breast cancer.

One night in April 2007, as Mike Partain hugged his wife before going to bed, she felt a small lump above his right nipple. A mammogram led to a diagnosis of male breast cancer. Six days later, the 41-year-old insurance adjuster had a mastectomy.

Over the last two years, Partain has compiled a list of 19 others diagnosed with male breast cancer who once lived on the base.

August 26, 2009

Poligrip and Fixodent Denture Cream Use Leads to Zinc Poisoning

by Dr. Shezad Malik

Denture Cream Lawsuit – Zinc Poisoning Symptoms
It has increasingly been reported that the denture cream ingredient zinc is associated with neurological symptoms including neuropathy in denture wearers. The recommended daily allowance of zinc is 8 mg for women and 11 mg for men. According to the Institute of Medicine of the National Academies the largest daily tolerable zinc intake is 40 mg.

Fixodent denture adhesive and alleged Fixodent zinc poisoning is complicated by the fact zinc, as a trace element, is part of a healthy diet. Denture cream zinc poisoning happens when too much zinc is used.

According to the official Fixodent web site, “the amount of zinc an average denture adhesive user would ingest from daily usage of Fixodent” is less than the amount of zinc contained in most daily multivitamins, or fewer than 6 oysters.

August 25, 2009

Yaz Yasmin Birth Control Side Effects

by Dr. Shezad Malik

About 11% of the U.S. market for oral contraceptives is now accounted for by Yasmin, a combination pill containing the novel progestin, drospirenone, in combination with ethinyl estradiol (EE).

Yaz lawsuits are personal injury cases in which women injured after taking Yaz birth control seek compensation for their injuries and losses.

Both Yaz and Yasmin birth control pills are known to potentially cause life-threatening side effects including blood clots, heart attacks, stroke, deep vein thrombosis, pulmonary embolism and liver damage.

Yasmin was introduced earlier (approved in 2001 by the FDA), and has a slightly higher EE level:

* Yasmin—3 mg drospirenone and 30 mcg EE per tablet
* Yaz—3 mg drospirenone and 20 mcg EE per tablet

August 24, 2009

Yaz Yasmin Birth Control Information and Lawsuits

by Dr. Shezad Malik

Side effects of Yaz birth control could increase the risk of life-threatening injuries. Yaz lawsuits are being reviewed nationwide.

Yaz, which is nearly identical to Yasmin birth control, is a newer type of oral contraceptive sold by Bayer. It has been aggressively marketed without adequate warnings about potentially life-threatening side effects.

This site provides Yasmin lawsuit information and the latest news regarding Yasmin side effects and problems. This relatively new birth control has been marketed heavily to women in the United States and is one of the first contraceptives considered a “fourth generation” birth control pill.

It is manufactured by Bayer which also markets Yaz birth control. Generic Yasmin is marketed as “Ocella” and is manufactured by Teva. Yasmin is a combination hormonal contraceptive. It contains the hormones ethinyl estradiol (estrogen) and drospirenone which is a synthetic form of progestin.