Wrongful Death

March 19, 2011

Exxon to Pay $25 M For Shipyard Worker Mesothelioma

As a Dallas Mesothelioma and Asbestos Attorney, I am reporting this Virgina Mesothelioma verdict against Exxon.

A jury awarded a former shipyard employee $25M in his lawsuit against Exxon for asbestos-related medical problems. The suit was filed against Exxon, the ship owner, rather than the parts supplier.

The lawsuit argued that Exxon knew about the problems with asbestos, and even developed rules to protect workers at refineries beginning in 1937, but did not warn shipyard workers or crew members.

An attorney for the worker said the case proved Exxon knew about the cancer link since the 1940s, and knew by the 1960s that it caused mesothelioma.

Asbestos is a carcinogenic fiber that causes lung cancer and mesothelioma, a rare and aggressive cancer of the lining of the body’s major organs and cavities. Asbestos was used in construction for over a century because of its versatility and heat resistance, making it an ideal insulator.

March 16, 2011

Yaz Yasmin Ocella MDL Lawsuits March Update

by Dr. Shezad Malik

As Dallas Yaz/Yasmin/Ocella lawsuit attorney, I am providing this litigation update for folks who have either filed or contemplating filing a lawsuit against Bayer for the personal injuries they have suffered as a result of taking these medications.

This week, plaintiff attorneys who have filed a Yaz, Yasmin or Ocella lawsuit against Bayer, filed a motion in Southern Illinois federal court to extend deadlines for the discovery process.

The parties have asked that the specific discovery deadline for bellwether cases to be pushed back to April 14, 2011 and for the first trial to be pushed back from September, 2011, to January, 2012.

About 6,500 cases are currently in the federal MDL Yasmin and Yaz litigation. All of the lawsuits involve allegations that Bayer failed to adequately research their birth control pills or warn that Yaz and Yasmin may increase the risk of blood clots when compared to other birth control pills, resulting in strokes, pulmonary embolism, deep vein thrombosis, and gallstones.

The plaintiff attorneys say they have received over 50 million documents from Bayer to review and anticipate millions of more pages of documents that will need to be produced before trials can commence.

In October 2010, a Case Management Order (CMO) was filed in the federal MDL, scheduling three bellweather Yaz and Yasmin trials to occur in September 2011, January 2012 and April 2012. Cases are being prepared for these trial dates to help both parties test the strengths and weaknesses of cases and facilitate a Yaz/Yasmin/Ocella settlement.

According to allegations in complaints, the increased risk of Yaz, Yasmin and Ocella is linked to the use of drospirenone, a fourth generation progestin that is only found in these oral birth control pills and their generic equivalents.

March 12, 2011

Fugitive Medical Doctor Faces 350 Medical Malpractice Lawsuits

by Dr. Shezad Malik

As a Dallas Medical Malpractice attorney and licensed medical doctor, I am providing this article regarding an Indiana surgeon who has been a fugitive on the run for many medical malpractice claims.

An Indiana surgeon who was on the run for over five years faces a wrongful death negligence lawsuit claiming he caused the death of a woman in 2004 after failing to diagnose her with lung cancer.

The lawsuit alleges that the woman went to see the doctor in 2004 with a sore throat, that she received unnecessary surgery and delayed treatment, and died after lung cancer was not treated.

The surgeon was captured in Italy in 2009 and faces more than 350 medical malpractice suits.

March 5, 2011

Conroe, Texas Toxic Landfill Could Contaminate Drinking Water

by Dr. Shezad Malik

As a Dallas Toxic Tort attorney I am providing this environmental pollution story.

Conroe Texas is ground zero in a battle between this Houston city, and EPA regulators against Texas environmental officials who approved an underground landfill. In Conroe, the fear is of contaminated water that could cause permanent harm to the only water source for the half-million residents in Montgomery County. And that aquifer feeds additional underground streams that provide water to millions of people in 54 counties.

“Once your water is dirty, you’ll never get it clean again,” said Rebecca Kaiser, a Conroe resident.

TexCom Gulf Disposal LLC, wants to inject liquid commercial waste into a well underground, that could include cancer-causing benzene and other toxic chemicals. This injection well is less than a mile from hundreds of homes and several schools.

The proposed waste site in Conroe is an oil field with hundreds of abandoned wells. The U.S. Environmental Protection Agency is concerned that these wells could act as a pathway for the waste to travel to aquifers, and contaminate the drinking water.

There have been many similar problems in Texas, for example in Winona — an East Texas town where a company was forced to close its injection well in 1997 because of spills that residents alleged increased cancer rates and birth defects.

Also in 2005 in Chico, a North Texas town, where waste from an injection well bubbled up through other wells. Finally radioactivity forced the shutdown of municipal water wells.

February 27, 2011

Promising New Cancer Therapy for Mesothelioma

by Dr. Shezad Malik

As a Dallas Fort Worth Asbestos Mesothelioma Attorney, I am providing this promising new cancer regimen for devastating mesothelioma disease.

Southwest Oncology Group (SWOG), a consortium of 19 cancer testing centers, is in the process of conducting Phase 1/Phase 2 trials on the use of cediranib maleate in combination with pemetrexed disodium (marketed as Alimta) and cisplatin to treat mesothelioma patients who have not received previous chemotherapy treatment.

Mesothelioma is caused by inhaling or ingesting asbestos fibers. At least 2,500 Americans are diagnosed with this deadly disease each year, most in the final stages. A typical prognosis for mesothelioma, at this stage, is about a year to live.

Mesothelioma, which occurs in 3 out of 4 cases in the mesothelial lining around the lungs, is often treated with surgery, radiation and chemotherapy, or a combination of, but most treatments are considered palliative rather than curative. That is, they reduce pain and improve breathing, but in most cases do not extend lifetimes beyond a few months at best. Pemetrexed and cisplatin, a platinum-based compound, are the chemicals of choice for treating mesothelioma.

The addition of cediranib maleate (sometimes called AZD2171, or Recentin), because of its ability to block the delivery of needed enzymes and blood to cancer cells, is expected to improve the performance of the Alimta/cisplatin package of chemotherapy agents.

February 24, 2011

Personal Injury, Wrongful Death and Car Accidents

by Dr. Shezad Malik

As a Dallas car accident attorney, I am writing to inform folks about the dangers to automobiles and drivers from highway construction zones.

Construction sites and highway construction zones are adversely impacted by poor communication, a work force in a hurry, third party contractors, a mind set of profits before people and safety and negligence.

The first rule of safety is to eliminate the danger; if that is not possible, then the second rule of safety is to barricade the danger and if that is not possible then you communicate the danger and warn. The trouble is how can you communicate with somebody who does not understand or speak English.

Safety violations can occur; by breaking and ignoring local, municipal, city, county, state or federal regulations, for example when equipment is left too close to the side of the road, or when proper safety policies and procedures are not followed, construction companies and employers can be held financially liable.

Highway and road construction zones are the most dangerous road conditions in Texas. In the Dallas/Fort Worth area major highways and thoroughfares are always under construction, leaving drivers to deal with improperly marked roads, obstacles, and other hazardous road conditions. In our Metroplex, we have over 6,000 miles of highways and roads. Hundreds of drivers and passengers of cars, semi-trucks, buses and motorcycles are injured or killed every year in construction zone accidents that could have been easily prevented and avoided.

If you or a family member has been injured in a highway or construction zone car accident, there may be more than one party that can be held responsible and required to compensate you for your injuries. Road maintenance crews, highway design engineers, and other drivers are often held legally accountable for their negligence Contractors, subcontractors or government agencies in charge of construction zones may also be held liable if they were negligent in their duties.

The following is a list of some factors that may lead to an auto accident in a construction zone:

Substandard road maintenance
Unmarked or unfixed potholes
Dangerous gravel on the road or road resurfacing
Slippery road surfaces due to spills especially chemicals or oil
Substandard or defective marked construction zones
Dangerous unmarked changes in road conditions
Defective or missing Guardrails
Substandard marked intersections
Negligently or reckless designed roadways, bridges, and rights-of-way

February 23, 2011

Colorado Bus Crash Law Suit Against Texas Bus Company

by Dr. Shezad Malik

As a Fort Worth Bus Accident attorney, I am reporting this bus crash lawsuit, which was just filed in Fort Worth district court.

A lawsuit was filed against a Fort Worth-based bus company on behalf of Denton church members who were injured in a Colorado bus crash in December.

The defendants are the bus driver, Fred Kornegay of Grand Prairie, and the bus company, Gotta Go Express Trailways Inc. in Fort Worth.

The members of Trinity United Methodist Church in Denton were injured during a ski trip to Crested Butte, Colo. There were 46 people on the bus, including the driver.

The group was on Highway 114 outside of Gunnison, Colo., when the bus went out of control, collided with a post and rolled down an embankment striking a tree.

Colorado investigators determined that Kornegay was driving at high speeds before the crash, including passing as many as three vehicles at a time on a two-lane road — despite dangerous icy conditions and decreased visibility.

Kornegay was issued a citation by Colorado authorities for careless driving in the crash.

February 22, 2011

Darvocet, Darvon, and Propoxyphene MDL March Hearing

by Dr. Shezad Malik

As a Fort Worth Darvon, Darvocet and Propoxyphene recall attorney I am providing this update regarding the upcoming MDL hearing, presently set for late March in California.

There is going to be a hearing that will decide whether all Darvon and Darvocet lawsuits should be consolidated for pretrial proceedings as part of an MDL, or multidistrict litigation in federal court.

The U.S. Judicial Panel on MDL (JPML)has set a hearing for March 30th in San Diego, where they will consider the proposed consolidation of the Darvon and Darvocet litigation.

There are currently at least four different lawsuits over Darvocet that have been filed against Xanodyne Pharmaceuticals in three different federal district courts.

All of the suits contain allegations that the manufacturer failed to adequately research the side effects of Darvocet and Darvon and failed to warn doctors and patients that propoxyphene-based drugs caused heart rhythm problems that could sometimes be fatal.

A Darvon and Darvocet recall was issued on November 19, 2010, after the FDA determined that propoxyphene-based painkillers may increase the risk of heart rhythm abnormalities, including heart arrhythmias or sudden heart-related death.

Multidistrict litigation, and centralization is common in complex product liability claims involving a large number of lawsuits over injuries associated with a particular product. The process is designed to avoid duplicate discovery, prevent inconsistent rulings by different judges and to promote the efficient litigation of the cases.

Xanodyne has opposed consolidation of the Darvocet litigation, stating that much of the evidence and discovery in the cases will focus on the individual health of each plaintiff. The company also stated that some plaintiffs took versions of Darvon or Darvocet that were not made by Xanodyne, and so arguing that the Xanodyne could not be held liable in these cases.

Furthermore, Xanodyne argues that the cases should be centralized in the Eastern District of Kentucky, where the drug maker is headquartered.

February 21, 2011

Accutane Inflammatory Bowel Disease

by Dr. Shezad Malik

As a Fort Worth Accutane Inflammatory Bowel Disease attorney, I am providing this latest update to the Accutane lawsuits which have been filed in New Jersey.

3,000 Accutane lawsuits have been filed in New Jersey state court, Atlantic City, alleging that makers of the acne skin medication failed to adequately warn about the risk of inflammatory bowel disease, particularly Ulcerative Colitis and Crohn’s disease.

All of the New Jersey state court lawsuits over Accutane and generic versions have been consolidated as a Mass Tort.

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The first Accutane lawsuit was filed on September 23, 2004 and the 3,000th case was filed earlier this month, on February 9, 2011.

Roche discontinued Accutane in June 2009 due to the increasing costs associated with the Accutane litigation, but a number of generic versions remain available under names such as Claravis, Sotret, Amnesteem and generic isotretinoin.

Roche has lost all six cases that have reached a jury verdict.

A trial is scheduled to begin this month before Judge Higbee involving three Accutane suits, including one brought by actor James Marshall.

February 11, 2011

Benzene Cancer Update

by Dr. Shezad Malik

As a Dallas Benzene Cancer attorney I am providing this information blog because I have recently talked to some potential plaintiffs who believe that they may have been exposed to Benzene and that their cancers may be related to this industrial exposure.

Benzene is an aromatic hydrocarbon that is produced by the burning of natural products. It is a component of products derived from coal and petroleum and is found in gasoline and other fuels. Benzene is used in the manufacture of plastics, detergents, pesticides, and other chemicals. Research has shown benzene to be a carcinogen (cancer-causing). With exposures from less than five years to more than 30 years, individuals have developed, and died from, leukemia. Long-term exposure may affect bone marrow and blood production. Short-term exposure to high levels of benzene can cause drowsiness, dizziness, unconsciousness, and death.

Benzene is addressed in specific standards for the general industry, shipyard employment, and the construction industry.

Individuals employed in industries that make or use benzene may be exposed to the highest levels of benzene. These industries include benzene production (petrochemicals, petroleum refining, and coke and coal chemical manufacturing), rubber tire manufacturing, and storage or transport of benzene and petroleum products containing benzene. Other workers who may be exposed to benzene because of their occupations include steel workers, printers, rubber workers, shoe makers, laboratory technicians, firefighters, and gas station employees.