Dallas Fort Worth Injury Lawyer Blog

April 12, 2009

King Harbor Medical Center Settles Wrongful Death Case

Los Angeles County supervisors have agreed to pay $3 million to settle a lawsuit brought by the children of Edith Rodriguez, the woman who died after writhing in pain for 45 minutes on the waiting-room floor of Martin Luther King Jr.-Harbor Medical Center, according to an attorney representing the family.

Rodriguez’s death nearly two years ago attracted national attention, becoming a symbol of an indifferent emergency system. A triage nurse had dismissed her complaints in the early morning of May 9, 2007. A security videotape showed a janitor mopping around Rodriguez and other staff walking past.

April 11, 2009

I.Q. Harmed by Epilepsy Drug in Utero

by Dr. Shezad Malik

Pregnant women who took a popular epilepsy drug, also widely used to treat migraines, pain and psychiatric disorders, had children whose I.Q. scores were significantly lower than those whose mothers took a different antiseizure medication, a new study has found.

The drug, valproate, sold generically and under the brand name Depakote, remains the second-most-popular antiseizure medication used for epilepsy, but earlier studies found that use during pregnancy also increased the risk of developmental delays and major malformations.

The risks that other epilepsy drugs may pose are not clear, experts say. While some are likely to be safer than others, there have not been enough studies to guide patients and their doctors. About half of the women who take valproate are not epileptics.

April 7, 2009

FDA: Recall of Pistachio Nuts Ongoing

by Dr. Shezad Malik

The recall last week of 2 million pounds of pistachios because of concerns about salmonella contamination has been expanded, and federal officials say more recalls of foods containing pistachios are on the horizon.

Setton Pistachio of Terra Bella, the California company that is the nation’s second-largest processer of pistachios, originally had recalled all of its pistachios harvested since September.

The recall was expanded this week to cover Setton’s entire 2008 crop, except for raw in-shell pistachios. Most pistachios sold in stores are roasted.

April 6, 2009

Jury Awards Soldier, Government $2M

by Dr. Shezad Malik

A soldier formerly based in Casper WV sued three Casper doctors in federal court for medical malpractice that nearly killed him.

Poche and his wife, Cynthia, also wanted Wyoming residents to know they have the right to take action in similar cases, he said. “I survived; the next guy might not.”

Poche’s attorney, Steven Shapiro, said he partly framed the case with a public perspective. “We told the jury, ‘Is this the kind of care you want in the state of Wyoming?'”

April 5, 2009

Mich. Hospital That Released Man Who Killed His Wife Can be Sued

by Dr. Shezad Malik

A Michigan hospital can be sued for releasing a man who killed his estranged wife with an ax 10 days later, a federal appeals court ruled.

The decision by a three-judge panel of the 6th U.S. Circuit Court of Appeals reinstates a lawsuit filed by the estate of Marie Moses Irons against Providence Hospital.

The panel cited a federal law that requires hospitals to stabilize patients if an emergency condition exists, though it couldn’t find any precedent for allowing a non-patient who alleges harm to sue.

April 4, 2009

ury Awards $2.3 M in LAPD Harassment Case

by Dr. Shezad Malik

A federal jury awarded $2.3 M to a Los Angeles police officer who said she was sexually harassed and gave birth to a stillborn child because of the stress.

Officer Melissa Borck, 45, said she suffered discrimination and abuse while she was at the Los Angeles Police Department’s Valley Traffic Division in 1996, and was retaliated against for reporting the harassment to Internal Affairs. The unanimous jury verdict comes a decade after Borck first filed the lawsuit in April, 1999. A mistrial was declared after her first trial in 2007 because of juror misconduct.

April 3, 2009

3rd Circuit: Kids Hurt by Vaccines Cannot Pursue Design Defect Claims

by Dr. Shezad Malik

The 3rd Circuit has ruled that children allegedly injured by vaccines are barred from pursuing any design defect claims because Congress expressly prohibited such suits in an effort to guarantee immunity to manufacturers.

By rejecting the analysis of a recent ruling from the Georgia Supreme Court, the 3rd Circuit’s ruling in Bruesewitz v. Wyeth Inc. creates a direct split between the federal courts and a state’s highest court on the question of how broadly courts should read the pre-emption clause in the National Childhood Vaccine Injury Act.

April 2, 2009

Lawsuit Against KBR Army Contractor Upheld

by Dr. Shezad Malik

A federal judge denied an Army contractor KBR’s motion requesting dismissal of a lawsuit filed by the mother of a soldier who was electrocuted in the shower while serving in Iraq.

The lawsuit, filed by Cheryl Harris of Cranberry, accuses Houston-based contractor KBR of failing to maintain the electrical infrastructure in Baghdad. Ms. Harris’ son, Staff Sgt. Ryan Maseth, an Army Ranger and Green Beret, was electrocuted as he showered on Jan. 2, 2008, while stationed there.

KBR attorneys had argued that decisions made by the Army insulated the private military contractor from prosecution.

U.S. District Judge Nora Barry Fischer disagreed.

April 1, 2009

Pfizer Settles Rezulin Product Liabilty Cases

by Dr. Shezad Malik

Pfizer Inc. resolved all but three of 35,000 claims over its withdrawn diabetes drug Rezulin for a total of about $750 million.

Pfizer, which is acquiring rival Wyeth for almost $64 billion, paid about $500 million to settle Rezulin cases consolidated in federal court in New York, according to court filings. The company also paid as much as $250 million to resolve state-court suits.

March 31, 2009

Pistachios Recalled in U.S. Due to Salmonella Risk

by Dr. Shezad Malik

A California nut grower and processor issued a nationwide recall of pistachios on Tuesday due to possible salmonella contamination, and authorities said consumers should avoid all pistachio products until more information was available.

The U.S. Food and Drug Administration (FDA) said several illnesses had been reported that may be associated with the contaminated pistachios. The FDA said it and the California Department of Public Health were investigating the matter.

The FDA said it first learned of the problem on March 24, when Kraft Foods Inc informed the agency that Back To Nature trail mix was contaminated. Kraft had identified the source of the contamination as Setton.