Dallas Fort Worth Injury Lawyer Blog

July 13, 2009

Medtronic Paradigm Recall: Quick-Set Infusion Sets for MiniMed Insulin Pump

Medtronic Inc. has recalled three million disposable infusion sets designed for their MiniMed Paradigm insulin pumps after discovering that some of them could deliver incorrect doses of insulin, potentially leading to injury or death.

The Medtronic Paradigm recall involves one lot of Quick-set infusion sets, which are disposable plastic tubes used to infuse a diabetes patient from the Medtronic insulin pump. They are usually replaced after three days. Medtronic issued a press release on July 10 alerting users that approximately 2%, or about 60,000 units, from one lot of its infusion sets have a defect that could give too much insulin to the patient.

July 13, 2009

W. Va. Soldiers sue KBR for Chemical Exposure in Iraq

by Dr. Shezad Malik

Russell Powell wondered for years after he returned from Iraq why he couldn’t run even short distances without wheezing.

Following his yearlong tour of duty that ended in 2004, he coached his son’s Little League team, but had to stop because it exhausted him.

The 34-year-old, who was able to run two miles in 9:44 before he went to Iraq in 2003, said now he is lucky to finish in 20 minutes.

He was discharged from the West Virginia Army National Guard for medical reasons at the end of 2008 because he was unable to meet physical requirements. Since he started his new job as a corrections officer for a West Virginia prison earlier this year, he’s had to use several sick days and vacation days to visit doctors.

July 12, 2009

Jury Finds Pregnant Officer was Discriminated Against

by Dr. Shezad Malik

A federal court jury sided with a Suffolk Park Police officer who claimed she was discriminated against when her employer denied her request for a “light-duty” assignment when she became pregnant in 2007.

Tara Germain, who was given the choice to either work during her pregnancy or take unpaid leave, prevailed on several claims she made against Suffolk County, as jurors found that her civil rights were violated.

“We are really happy,” said Janice Goodman, an attorney who argued the case before U.S. District Court Judge Arthur Spatt with Gillian Thomas, an attorney for Legal Momentum, a women’s rights group formerly known as the NOW Legal Defense and Education Fund.

“We believe the rights of women have been affirmed a second time on the issue of not forcing a woman to have to choose between her job and having a family,” Goodman added, referring to an earlier case against Suffolk County involving pregnant officers.

July 11, 2009

Texas Firm Agrees to Clean up Mercury Spills to Settle Lawsuit

by Dr. Shezad Malik

Two years after several environmental groups sued, a Houston energy company has agreed to clean up mercury contamination around its natural gas wells in the Monroe area.

EnerVest Operating LLC will decontaminate land in Ouachita, Union and Morehouse parishes and replace about 400 leaky mercury meters the company uses to gauge well and pipeline pressure, according to a settlement approved last week by the U.S. District Court for the Western District of Louisiana.

The deal comes more than two years after EnerVest was sued for allowing mercury to seep into the land surrounding its wells in northeast Louisiana. The company failed to properly dispose of mercury and clean up spills from meters, according to the lawsuit filed by the Louisiana Audubon Council, the Sierra Club, the Gulf Restoration Network and the Louisiana Environmental Action Network. Nor did EnerVest upgrade its meters to more environmentally friendly models that have become “the industry standard,” the groups said.

July 10, 2009

Zicam Lawsuit and the FDA

by Dr. Shezad Malik

Has a Zicam nasal cold remedy robbed you of your sense of smell, and possibly the ability to taste? If so you have probably been stricken with a condition called anosmia – loss of sense of smell, sometimes accompanied by loss of sense of taste – related to the presence of zinc gluconate in Zicam intranasal cold remedies. Like thousands of other people who have used Zicam nasal gel or swabs, you probably had no idea that these products could be so dangerous.

Matrixx Initiatives, Inc. has had to remove several varieties of Zicam nasal cold remedies from the market because of their association with anosmia. The lawyers at our firm are currently representing scores of people in personal injury lawsuits who lost their ability to smell, and in some cases taste, after using a Zicam nasal gel or swab to treat or prevent a cold.

July 10, 2009

Midlothian Texas Residents to be Studied for Industrial Pollution

by Dr. Shezad Malik

Federal and state officials plan to interview about 100 Midlothian residents next week as part of an environmental study to see whether a link exists between industrial pollution and human and animal health problems, including birth defects.

Midlothian, southeast of Fort Worth, has 10 cement kilns, one of the largest concentrations in the country and a major source of industrial pollution in North Texas, according to environmental groups. Residents also worry about emissions from a steel plant in this community of about 15,000.

July 10, 2009

$31 M Verdict Against Ohio Hospital Negated by Settlement Agreement

by Dr. Shezad Malik

A $31 million verdict against Miami Valley Hospital in Dayton, Ohio, could be the largest jury award for a medical malpractice case in Ohio history, though a settlement agreement makes it unlikely the hospital will have to pay that much.

As the jury was deliberating, after a four-week trial before Montgomery County Common Pleas Judge Timothy O’Connell, attorneys for the hospital and the family of Leondo Stanziano worked out a settlement agreement.

July 9, 2009

Dallas County to Settle Two Jail Inmate Lawsuits

by Dr. Shezad Malik

Dallas County commissioners voted Tuesday to settle two federal jail neglect lawsuits for close to a half-million dollars.

County officials say the lawsuits are the last major legal claims related to prior conditions in the jail system, which were described a few years ago by federal investigators as being dangerous to inmates’ well-being.

As a result of the settlements, the family of former inmate Rosie Sims will receive $250,000, and former inmate Bruce A. McDonald will receive $190,000, minus legal expenses.

Sims, 60, who was mentally ill, died in the Dallas County jail in 2005.

July 9, 2009

Troubles at Philadelphia VA Continue

by Dr. Shezad Malik

Is Gary Kao a renegade physician, or maybe just a doctor who was allowed to get in over his head?
Kao is the only person whom officials have identified in the unfolding scandal over substandard radioactive seed implants at the Philadelphia VA Medical Center.

As the radiation oncologist who did most of the implants, Kao played a central role. But a cast of actors supported and directed him – week after week, for six years – until the VA suspended the program a year ago.

Those actors included a medical physicist with little experience in developing implant treatment plans, a radiation-safety committee that allowed crucial radiation-dosage calculations to go undone, and Nuclear Regulatory Commission inspectors who let Kao revise two patients’ treatment plans to avoid reporting medical errors, according to the Veterans Affairs investigation report.

July 9, 2009

Nevada Whistleblower Gets Job Back

by Dr. Shezad Malik

A federal agency has been ordered to rehire an ex-worker until an appeals board can hold a hearing on his whistleblower claim that he was fired in retaliation for telling his boss two co-workers illegally shot mountain lions from a government airplane in Nevada.

An administrative law judge granted Gary Strader’s motion for reinstatement because Strader presented enough evidence to suggest there is a “substantial likelihood” he will prevail in his case against the U.S. Department of Agriculture’s Wildlife Services, where he worked as a professional hunter in northeast Nevada until his firing in April.