Wrongful Death

July 1, 2009

Texas Asbestos Lung Mesothelioma Lawsuits

In Texas, Asbestos been used in the petroleum industry in everything from pipe insulation to gaskets to the clothes workers wore. Asbestos causes cancer when breathed into the lungs, often in the form of Mesothelioma.

The fire benefits of asbestos were such that their use in Texas did not stop with the petroleum industry. The substance was used in building materials for homes, schools and buildings.

The state of Texas is in the top 10 when it comes to asbestos claims. At last count, it was placed seventh among all the states for the highest number of asbestos lawsuits filed and that number is expected to rise dramatically as the disease progresses.

June 30, 2009

Yaz Class Action Law Suits in Progress

by Dr. Shezad Malik

The Yaz® birth control pill has been on the market since 2006. Yaz is taken orally once daily to prevent pregnancy.

Yaz differs from other birth control methods because it contains a progestin hormone called drospirenone, which can increase potassium levels in the bloodstream.

Yaz has been linked with serious adverse heart problems. In a letter sent to the manufacturer of Yaz, the Food and Drug Administration warns of blood clots, heart attack, stroke, and gall bladder disease in Yaz users.

The FDA says, “Yaz has additional risks because it contains the progestin, drospirenone which can lead to hyperkalemia in high risk patients, which may result in potentially serious heart and health problems. Women taking Yaz must be concerned about the drug interactions that could increase potassium, in addition to the drug interactions common to all combination oral contraceptives.”

June 25, 2009

Family of Tree Trimmer Killed by Wood Chipper Sues Manufacturer

by Dr. Shezad Malik

It was just another work day for Rafael Jimenez, a veteran tree trimmer in his 24th year on the job.

But as he stuffed branches from a Chinese elm tree into a wood chipper, his right hand became entangled in the branches and Jimenez found himself being jerked toward the steel knives.

The machine, which devours a 20-inch branch in a second, consumed nearly his entire body.

His wife and four children filed a lawsuit in Los Angeles County Superior Court alleging that the manufacturer of the machine, Michigan-based Morbark, knew for years that its safety features were insufficient and had done nothing to prevent injuries and deaths like Jimenez’s.

June 21, 2009

Hydroxycut Weight-loss Products Sued

by Dr. Shezad Malik

A class action lawsuit filed in Los Angeles accuses recalled Hydroxycut weight-loss products of causing deadly liver damage and other severe complications.

The suit, filed in U.S. District Court on behalf of anyone who consumed the now-banned supplements, claims the company failed to warn users of the risks of injury.

The Hydroxycut products were recalled May 1 after being linked to dozens of cases of liver damage, jaundice, and other related injuries. In one case, a 19-year-old Hydroxycut user died in 2007 after developing liver failure, but the death was not reported to the Food and Drug Administration until last March, according to the complaint.

June 20, 2009

Suit Filed Over Death of Woman Struck by Utility Pole

by Dr. Shezad Malik

A lawsuit was filed in Allegheny County Court by the mother of a 28-year-old woman who died after a utility pole struck by a tractor-trailer fell on her head.

Filed by Gloria Grate on behalf of her daughter, Marquetta Grate, the lawsuit names as defendants the city of Pittsburgh, Levin Furniture, Christopher Caudill and Penske Trucking.

According to attorney Michael Rosenzweig, who filed the complaint, Marquetta Grate was waiting for a bus on May 15 after dropping off her 3-year-old daughter at an East Liberty pre-school.

June 17, 2009

EPA to Pay Medical Bills for People Sickened by Asbestos From Montana Mine

by Dr. Shezad Malik

The Environmental Protection Agency declared its first-ever “public health emergency,” saying the federal government will funnel $6 million to provide medical care for people sickened by asbestos from a mine in northwest Montana.

The declaration applies to the towns of Libby and Troy, where for decades workers dug for vermiculite, a mineral used in insulation. They were unknowingly poisoning themselves: The vermiculite was contaminated with a toxic form of asbestos, which workers carried home on their clothes.

June 16, 2009

Judge Dismisses Jury in Wrongful Death Lawsuit From McDonald’s Brawl

by Dr. Shezad Malik

The wrongful death civil trial over a 2005 fatal brawl in a McDonald’s parking lot hit a stumbling block when the judge dismissed the jury picked to hear the case.

Attorneys agreed on a six-member jury, but since then lawyers on the plaintiff’s side uncovered facts about three of the jurors, including old arrests the jurors did not list on their questionnaires.

June 15, 2009

Air France Crash Spurs Debate Over Lawsuit Locations

by Dr. Shezad Malik

While investigators scour the Atlantic for clues to the cause of the crash of Air France Flight 447, lawyers in Brazil, France and the U.S. are taking steps to determine the proper forum for any lawsuits.

Sophie Bottai, whose client was the first granted victim status in a French criminal probe, said the nation’s courts should review any claims as many passengers were French as were the airline and the airplane, an Airbus SAS A330-200.

“The plane is French, the carrier is French,” said Bottai, representing a 38-year-old Frenchman’s family, who she said wishes to remain anonymous. “The jurisdiction is French.”
Debate over jurisdiction issues may get even more heated with families making the ultimate decision based on where they can receive the most compensation. In addition to where the claims are filed, the amount of any award depends on the victim’s age, family status and work situation, according to lawyers specializing in aviation disasters.

June 15, 2009

Accutane Lawsuits and Litigation

by Dr. Shezad Malik

The acne remedy Accutane, a synthetic form of vitamin A used to treat serious forms of acne that can cause scarring, has been the subject of extensive litigation because of a long list of side effects including inflammatory bowel disease, suicide, and birth defects.

The U.S. manufacturer of Accutane, Hoffman La Roche, is part of the international conglomerate known as “The La Roche Group,” with affiliates in 150 countries. “The La Roche Group” is estimated to be the seventh largest pharmaceutical company in the world. Accutane is one of Hoffman La Roche’s top sellers with estimated annual sales of $1.2 billion. Accutane is also one of the 3 drugs on the market with the most reports of adverse side effects, and this has led to extensive litigation. Lawsuits have been brought against Hoffman La Roche for alleged adverse reactions caused by Accutane including gastrointestinal disorders, suicides, and birth defects.

June 14, 2009

Family of Deceased VA Sailor Wins $1.2M judgment

by Dr. Shezad Malik

The family of a retired Navy sailor who died of cancer triggered by asbestos fibers he inhaled on the job decades ago has won $1.2 million in its lawsuit against a ship-parts manufacturer.

Gerald Gray died in April after suffering from mesothelioma. His death, at age 75, came five weeks before the trial was to begin against John Crane Inc., an Illinois maker of gaskets and other parts used on ships Gray repaired.

The Newport News Circuit Court jury ruled against five manufacturers for a total of $4 million, assigning a percentage of blame to each. John Crane fought the case, and was apportioned 30 percent, or $1.2 million.