Dallas Fort Worth Injury Lawyer Blog

August 25, 2009

Motor scooter rider sustained head injury in collision

On May 15, 2007, plaintiff Jonny Osler, a 57-year-old language instructor, was riding a motor scooter on Collins Road in Sunny Isles when Nasir Jamal allegedly changed lanes in his Mercedes and hit him. Osler was wearing a helmet, but he was rendered unconscious by the impact. Having no recollection of the accident, Osler was ticketed at the scene. Osler sustained a subdural hematoma and fractured collar bone.

Osler sued Jamal for vehicular negligence, alleging that Jamal was talking on his cell phone at the time of the accident. Although subpoenaed records supported that theory, Jamal denied at trial that he was on the phone when the collision occurred. There were no witnesses to the accident.

Osler’s accident reconstruction expert testified that Jamal’s testimony was incredible. He opined that the way the scooter was laying on the ground after the accident according to the police report was inconsistent with Jamal’s claim. Jamal paid cash to have his car repaired shortly after the accident. According to counsel for Osler, questions arose as to whether Jamal had repaired his vehicle and if so what had been repaired.

August 25, 2009

Rampant Sex Harassment Costs Lowe’s $1.7 M in Settlement of EEOC Lawsuit

by Dr. Shezad Malik

The U.S. Equal Employment Opportunity Commission (EEOC) announced a major settlement of a discrimination lawsuit under Title VII of the Civil Rights Act against Lowe’s Home Improvement Warehouse, Inc. for $1.72 million and significant remedial relief on behalf of three employees in their twenties who were subjected to a pervasive sexually hostile work environment and retaliated against for complaining about it.

The former employees, two young men and one woman, were subjected to widespread and repeated sexual harassment by male and female managers and coworkers at a Lowe’s store in Longview, Wash. The sexually hostile workplace, which endured for more than six months, included physical and verbal abuse which culminated in one instance of sexual assault.

August 24, 2009

Denton Texas Jury says Doctor Failed to Diagnose Woman’s Cancer

by Dr. Shezad Malik

A Denton County jury has awarded the family of a Denton woman who died of misdiagnosed cancer $3.5 million, one of the largest awards in Denton since the tort law reform of 2003.

Civil suit law, however, will cut that amount to $1.5 million to be shared by her husband, her two young children and her father after attorney fees.

Melissa Hendricks was 33 when she noticed a marble-sized bump on the right crown of her head, according to court documents.

Hendricks waited about a month, then visited Highland Family Medical Center in Highland Village on Oct. 14, 2002. She saw Dr. Stephen Glaser, who told her it was a sebaceous cyst, which is a nonmalignant lesion, according to the documents.

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.

August 24, 2009

Undetected Cervical Cancer led to Bowel Obstructions

by Dr. Shezad Malik

In November 2005, plaintiff Lee Arnette Zapel, 56, president of a medical supplies company, was diagnosed with cervical cancer during a hysterectomy. The exploratory surgery was due to abdominal pain that she experienced for months leading up to the surgery, which resulted in numerous tests and hospitalizations, including a change in her OB-GYN the previous month.

Zapel, who received annual Pap tests, alleged that PCA Southeast, a Columbia [Tenn]-based pathology lab, failed to detect cervical abnormalities in her slides in 2003 and 2004.

Zapel sued the lab for medical malpractice. The defendant stipulated to negligence for misrepresenting the 2004 Pap test, but contested the 2003 test. The cervical abnormalities that the defendant failed to detect in Zapel’s 2003 and 2004 Pap test slides were high-grade lesions, which were an early form of Stage 1 cancer, according to plaintiffs’ counsel.

Had the defendant detected the lesions, a cervical biopsy would have been ordered to reveal the cancer and a hysterectomy would have been performed, it was alleged. The hysterectomy would have rendered a 100 percent cure that would have precluded any need for chemo-radiation treatment that Zapel eventually underwent, opined the plaintiffs’ gynecological oncologist.

August 24, 2009

FDA: Safety Review of Weight Loss Drugs Orlistat, Xenical and Alli

by Dr. Shezad Malik

The U.S. Food and Drug Administration announced today that it is reviewing adverse event reports of liver injury in patients taking the weight loss drug orlistat, marketed as the prescription drug Xenical and the over-the-counter medication Alli.

Between 1999 and 2008, the FDA received 32 reports of serious liver injury in patients taking orlistat. Of those cases, 27 reported hospitalization and six resulted in liver failure. Thirty of the adverse events occurred outside the United States. The most commonly reported adverse events included yellowing of the skin or whites of the eyes (jaundice), weakness, and stomach pain.

The FDA is reviewing additional data submitted by orlistat manufacturers on suspected cases of liver injury, and the issue has been discussed at the FDA’s Center for Drug Evaluation and Research Drug Safety Oversight Board.

“The issues here are complex, but FDA has benefited from the input of the Board, including comments from representatives from three FDA Centers and several other Agencies in the Department of Health and Human Services,” said Steven Osborne, M.D., executive director of the Board.

August 24, 2009

Nuvaring Side Effects, Stroke and Pulmonary Embolism

by Dr. Shezad Malik

Lawsuits have been filed alleging death and serious injury associated with NuvaRing, a contraceptive product made by Organon.

NuvaRing birth control is a third generation contraceptive manufactured by Organon USA. Nuva Ring birth control is a flexible polyethylene ring that contains estrogen and a form of the progestin desogestrel. NuvaRing is considered a combination hormonal contraceptive.

Since Nuva Ring birth control is a relatively new form of contraceptive there are few studies regarding its safety and effectiveness. As early as 1995 studies had shown there was an increased risk of venous thrombosis (blood clots) in contraceptives containing desogestrel compared to second generation birth control that contained other types of progestins.

Venous thromboembolism (VTE) is a disease that includes deep vein thrombosis ( DVT) and pulmonary embolism (PE). A pulmonary embolism occurs when a segment of a thrombus (A clot within a blood vessel) within the deep venous system detaches from the vessel, travels to the lungs, and lodges within the pulmonary arteries.

August 23, 2009

Mis Diagnosis of Epidural Abscess Leads to Paralysis

by Dr. Shezad Malik

Sheila Matthews, a Naples mother of three, walked into NCH North Naples Hospital’s emergency room in March 2005 in extreme pain.

Over the years, the 55-year-old retired nurse had suffered from diabetes, peripheral neuropathy and bipolar disorder. On a scale of one to 10, she told doctors, this was a nine. The pain grew as doctors tried to determine what was wrong.

“She’s screaming, she’s in so much pain,” Matthews’ attorney, Nancy La Vista of West Palm Beach, told a Collier Circuit Court jury during opening statements Aug. 13.

Six days later, Matthews would become a quadriplegic.

August 23, 2009

Dallas Woman Sustained Brain, Knee Injuries in Slip-and-Fall Incident

by Dr. Shezad Malik

On April 5, 2005, plaintiff Liria Lopez, 49, a self-employed house cleaner, entered a Minyard Food Store on the corner of Abrams Road and Gaston Avenue in Dallas. It had rained that day and water had accumulated in the store’s foyer area. As Lopez exited, she slipped on the water.

Lopez sued Minyard Food Stores Inc., alleging premises liability. She claimed that other customers had fallen in the same area under reasonably similar conditions about 18 months earlier. She also maintained that on the day of her accident there there were no warning signs or mats placed in the foyer, nor were there any warnings from store employees prior to her fall.

Lopez’s walking surfaces/traction expert testified that the manner in which Minyard addressed the water issue in the foyer was below the standard of care. After looking at the records, he said Minyard did not adequately handle the continuing problem of a wet slick floor on rainy days.

August 23, 2009

Yaz Birth Control Dangers and Lawsuits

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. Yasmin, a birth control drug very similar to Yaz, has been on the market since 2001. It contains the same hormone as Yaz and is associated with the same health issues.