Dallas Fort Worth Injury Lawyer Blog

November 19, 2009

Dominican Republic blames U.S.Power Company for Birth Defects

Maximiliano Calcaño is 2 and was born with no arms. Maximiliano’s mother, Anajai Calcaño, lives in a small house with no indoor plumbing in a rural village in northern Dominican Republic, not far from where coal ash generated by Virginia-based AES Corp. wound up at the edge of the sea.

More than 50,000 tons of coal ash laden with heavy metals was left at a port abutting local homes for years while the company, politicians, prosecutors, environmental activists and bureaucrats argued — and residents got sick.

November 18, 2009

Property Owner Near TVA Ash Spill Has Medical Problems

by Dr. Shezad Malik

Ten months after millions of cubic yards of coal ash spilled from a Tennessee Valley Authority dam, Gary Topmiller and his wife, Pam, said they are trapped in their home across the Emory River from the site and “living in hell.”

Topmiller was among several people who spoke to reporters about their problems since Dec. 22, when a breach in an earthen dike at TVA’s Kingston Fossil Plant sent 5.4 million cubic yards of ash into the Emory River and onto private property.

November 18, 2009

Widower Awarded $6 M in Medical Malpractice Trial

by Dr. Shezad Malik

The husband and estate of a woman who developed blood clots and died shortly after undergoing outpatient knee surgery have been awarded more than $6 million.

In December of 2003, Ruby Quarles, 42, was referred by her primary care physician at Fort Benning’s Martin Army Community Hospital to an orthopedic surgeon to investigate complaints of worsening pain in her left knee, according to trial documents.

The surgeon, Dr.McKenzie, gave Quarles an injection for the pain and ordered physical therapy; during a follow-up visit in January 2004, McKenzie ordered an MRI to determine whether Quarles might have a tear in the cartilage of her knee.

The MRI indicated a “cartilaginous loose body” behind Quarles’ knee, according to the pre-trial order, and on Jan. 29 she underwent less than an hour of arthroscopic surgery at Doctors Hospital. McKenzie did not find any loose cartilage or other damage, and that afternoon Quarles’ daughter, Frances, took her home.

November 18, 2009

2 Scientists Get $6.2 M Award in Age Discrimination Suit

by Dr. Shezad Malik

A federal jury awarded more than $6.2 million in an age discrimination suit brought by two scientists who said they were fired from their jobs at a Chester County, Pa., chemical manufacturing firm when the company targeted only older workers in layoffs in 2005.

The jury concluded that PQ Corp.’s age discrimination was “willful” — a finding that leads to an automatic doubling of each plaintiff’s back pay award. The jury also awarded compensatory damages — $2 million to plaintiff Roman Wypart and $1.5 million to plaintiff Bonnie Marcus — for the emotional damage they suffered as a result of the discrimination.

Lead plaintiffs’ attorney Scott B. Goldshaw said he was “gratified that the jury recognized that age discrimination is real and hurts real people.”

The weeklong trial in Marcus v. PQ Corp. was the second trial in the case. The first trial, in July, resulted in a hung jury on the claims for three plaintiffs and a rejection of the fourth plaintiff’s claims. Prior to the second trial, court records show, PQ settled for an undisclosed sum with plaintiff Ernest Senderov.

November 17, 2009

Updated Findings from the Chinese Drywall Report

by Dr. Shezad Malik

The Chinese drywall product liability complaint is now nearly a year old. And while incidents of Chinese drywall being installed in homes have all but stopped, complaints of bloody noses, sinus infections and vomiting spells for pets and people, widespread corrosion and blackening of copper tubing and wiring and “rotten egg” smell continue to escalate. Last spring, the U.S. Consumer Product Safety Commission conducted 44 investigations into consumer complaints about drywall.

November 16, 2009

Study Confirms Increased Blood Clot Risks With Erythropoiesis-Stimulating Drugs

by Dr. Shezad Malik

Cancer patients who took drugs to cut the risk of anemia were twice as likely to develop blood clots in the lungs or legs as other patients, a decade-long study of more than 55,000 cancer patients has found.

The study adds to mounting evidence that the risks of the commonly used drugs — known as erythropoiesis-stimulating agents or ESAs — may outweigh the benefits.

ESAs stimulate bone marrow to increase the production of red blood cells. They were first approved in cancer patients in 1991 to reduce the number of blood transfusions needed during chemotherapy.

November 15, 2009

Halliburton Co. and KBR Inc. Military Contractors Sued over Iraq ‘Burn Pits’

by Dr. Shezad Malik

An Air Force veteran and a one-time contractor who served in Iraq are suing military contractors Halliburton Co. and KBR Inc., claiming that the companies exposed them to toxic fumes by burning everything from human remains to tires in massive open-air pits.

The lawsuit was filed in U.S. District Court in Louisville by former Air Force Sgt. Sean Alexander Stough and ex-contractor Charles Hicks.

“The burn pits are still going on,” said attorney Susan Burke, who represents the men.

The suit names Houston-based companies KBR and Halliburton, as well as the Turkish company ERKA Ltd. The lawsuit is the latest on behalf of former military members and contract workers who claim they were exposed to toxins from burning waste in the warzone. At least 32 suits over burn pits have been filed in 32 states.

November 14, 2009

Lead in Red Wine vinegars Could Cause Toxic Injury

by Dr. Shezad Malik

Balsamic and other red wine vinegars often contain lead, a potent neurotoxin, and could pose a risk to children who consume it regularly, according to a new analysis by Environmental Health News.

Eating just one tablespoon a day of some vinegars can raise a young child’s lead level by more than 30 percent, modeling requested by the news service shows.

Lead can damage people’s neurological systems, particularly children’s developing brains. Even low levels can reduce a child’s IQ or trigger learning and behavioral disorders, scientific studies show. In adults, it has been linked to cardiovascular, kidney and immune system effects.

The heavy metal is so toxic and persistent in the body that there is no known threshold below which adverse effects do not occur, according to the U.S. Centers for Disease Control and Prevention.

November 13, 2009

Dallas Texas Car and Trucking Accident Lawsuit Update

by Dr. Shezad Malik

Traffic deaths on U.S. roads reached a record low in the first half of 2009, according to projections released Oct. 9. Estimates show that 16,626 people died in traffic crashes between January and June –- a 7 percent decline from 17,871 for the same period last year. Projected figures for the period also show a record low fatality rate of 1.15 deaths per 100 million vehicle miles traveled, down from 1.23 deaths during the same period in 2008.

Read the Texas Car Accident report here.

Automobile accidents, auto collisions, car accidents, car crashes, or car wrecks, motor vehicle fender benders are an unfortunate fact of life. Auto accidents can be caused by any number of reasons including: Driver negligence, Driver impairment, Driver recklessness, Defective automobiles or parts and Dangerous road conditions.

November 13, 2009

Dallas Yaz Lawsuit Plaintiffs’ Steering Committee Appointed

by Dr. Shezad Malik

There is progress to report in the Yaz and Yasmin multidistrict litigation (MDL No. 2100) currently underway in U.S. District Court for the Southern District of Illinois. Judge David Herndon, who is overseeing the Yaz and Yasmin MDL, has appointed members to the Plaintiffs’ Steering Committee.

The Plaintiffs’ Steering Committee was appointed by Judge Herndon in an Order dated November 10, 2009.

Dr Shezad Malik will be working closely with the members of the Plaintiffs’ Steering Committee.