Dallas Fort Worth Injury Lawyer Blog

February 9, 2011

DePuy ASR Recall Update

As a Dallas DePuy ASR Recall attorney I am providing this important update regarding the recent MDL hearing in Florida.

Johnson & Johnson and plaintiff attorneys are negotiating a procedure for preserving and handling company’s recalled hip implant devices after patients get them replaced through surgeries. J&J’s DePuy Orthopaedics unit recalled the implants on Aug. 26, after researchers found a second operation, or “revision surgery,” was needed after five years at rates higher than the company expected. Doctors had implanted 37,000 ASR XL Acetabular System devices.

The implants and tissue removed are important evidence in the individual lawsuits by DePuy patients. The protocol for handling and analyzing the explants, will help document excessive metal wear of the device and the destructive tissue damage caused by the debris.

February 7, 2011

Texas Physician Who Had Nurses Prosecuted is Placed on Probation

by Dr. Shezad Malik

As a Fort Worth Medical Malpractice attorney I am writing a follow up to a West Texas story that has attracted a lot of media attention.

Texas medical regulators placed on probation a West Texas doctor involved in the unsuccessful prosecution of two nurses who complained anonymously that the physician was unethical and risking patients’ health.

The Texas Medical Board technically suspended Dr. Rolando G. Arafiles Jr., but said he could continue to practice medicine while on probation for four years, if he completed additional training.

The board also said Arafiles must be monitored by another physician and submit patient medical and billing records for review.

February 1, 2011

Dallas Avandia Heart Attack Death Update 817-717-1772

by Dr. Shezad Malik

As a Fort Worth Avandia Product Recall Attorney, I am providing this latest Avandia lawsuit information.

GlaxoSmithKline Plc has settled a lawsuit alleging its Avandia diabetes drug caused a North Carolina man to die of a heart attack, thus avoiding a jury determination over risks associated with the medicine.

The U.K.’s biggest drugmaker resolved the suit by the family of James Burford, an Avandia user who died in 2006.

The lawsuit, scheduled for trial this week in Philadelphia federal court, was the first of 2,000 heading to court alleging Glaxo hid Avandia’s health risks.

Glaxo announced Jan. 17 that it is taking a $3.5 billion charge to cover expenses linked to investigations and suits over Avandia. The reserve brings to $6.4 billion the amount the drugmaker has set aside in the past 12 months for legal costs tied to Avandia.

The latest settlement resulted from Glaxo’s move to resolve all Avandia cases brought by plaintiffs’ attorneys in Philadelphia of more than 1,600 cases consolidated there.

The company still faces at least 1,600 cases filed in Philadelphia and another 400 in state courts across the U.S., lawyers for Avandia users and the company said last week.

Lawyers for Burford’s family alleged that Glaxo refused to take Avandia off the market, even though studies concluded it increased risks of heart attacks and strokes. They also claimed Glaxo officials withheld studies by regulators showing the increased risk tied to the drug.

The case is Deborah A. Burford v. SmithklineBeecham Corp., 07-CV-05360, U.S. District Court for the District of Pennsylvania (Philadelphia)

January 31, 2011

Oil and Gas Drillers Accused of Using Diesel In Fracking

by Dr. Shezad Malik

As a Fort Worth Toxic Tort and Environmental Attorney I am providing this update regarding diesel fracking.

According to U.S. House Democrats, Halliburton Co. and Baker Hughes’ BJ Services are among 12 oil and gas companies using diesel fuel in hydraulic fracturing, potentially violating the law.

The providers injected 32.2 million gallons of unauthorized diesel fuel, or fluids containing the fuel, to extract gas from wells in 19 states from 2005 to 2009, according to a letter to Environmental Protection Agency. BJ Services led with 11.5 million gallons followed by Halliburton at 7.2 million.

The House Oversight and Government Reform Committee began its investigation of fracturing in February 2010. The panel concluded that 12 of 14 companies questioned used diesel fuel or fluids containing diesel in 19 states.

Texas, where North Texas’ Barnett Shale is the nation’s No. 1 natural gas source and the Eagle Ford Shale in South and Central Texas is a growing resource, accounted for half of the total. Companies also used at least 1 million gallons of diesel-containing fluids in Oklahoma, Wyoming, North Dakota, Louisiana and Colorado.

Companies using hydraulic fracturing — a technique that shoots water, sand and chemicals into shale to extract natural gas — aren’t required to get permits unless they use fluids containing diesel, which the EPA said is a threat to drinking water.

The EPA is collecting information as part of a study into the effects of hydraulic fracturing on drinking water.

Environmental groups led by the New York-based Natural Resources Defense Council said the chemicals used are often toxic, citing cases in Wyoming and Pennsylvania where residents were told not to drink well water.

January 28, 2011

$49 M Awarded in Wrongful Death Drunk Driving Truck Accident

by Dr. Shezad Malik

As a Fort Worth Traumatic Brain Injury, Wrongful Death and Truck Accident attorney I am providing this jury verdict out of California. Count this as a win for the good guys, but unfortunately no amount of money can turn back the clock and fully compensate the victims of this tragic and needless accident.

A California jury has awarded $49 million in a lawsuit stemming from a highway accident in 2007 that left one man dead and a police officer paralyzed.

Officer Pedeferri had pulled over motorist Andres Parra on U.S. Highway 101 north of Ventura when a man driving a truck slammed into them, killing Parra, and rendering the police officer a quadriplegic.

Jurors awarded Parra’s parents $10.2 million for the loss of their son.

The truck driver pleaded guilty to driving while intoxicated and transporting marijuana. He was sentenced in 2008 to 15 years in prison.

January 25, 2011

Fosamax Side Effect Lawsuit Update

by Dr. Shezad Malik

As a Fosamax Product Liability Osteonecrosis attorney I am providing this update of the current status of Fosamax MDL Litigation.

A Fosamax jury trial began last week in the Superior Court for Atlantic County, New Jersey. Merck states that the evidence will show that FOSAMAX did not cause the plaintiff to develop dental and jaw related problems and that Merck provided appropriate and timely information about FOSAMAX to the medical, scientific and regulatory communities.

In Rosenberg v. Merck, the plaintiff alleges she used FOSAMAX from 1999 to 2006. The plaintiff further claimed she suffered various jaw problems and complications following a tooth extraction in December 2005.

FOSAMAX was approved as a safe and effective medication by the U.S. Food and Drug Administration in September 1995 and is still on the market today and approved for multiple indications, including the treatment and prevention of osteoporosis in postmenopausal women.

This is the fourth FOSAMAX case to go to trial. The first three trials were conducted as part of the federal multidistrict litigation (MDL) proceedings before Judge John F. Keenan in the U.S. District Court for the Southern District of New York. The first case to be tried to a verdict, Maley v. Merck, resulted in a defense verdict for Merck in May 2010. The second case to be tried to a verdict, Boles v. Merck, initially resulted in a mistrial in September 2009 after the jury was unable to reach a unanimous verdict. A retrial of that case in June 2010 resulted in a plaintiff verdict, which has since been reduced by Judge Keenan and which Merck is appealing. The third case to be tried to a verdict, Graves v. Merck, resulted in a defense verdict for Merck in November 2010. As of September 30, 2010, approximately 1,180 cases, which include approximately 1,560 plaintiff groups, had been filed and were pending against Merck in either federal or state court.

January 24, 2011

Marine Files Lawsuit Over Toxic Camp Lejeune Water

by Dr. Shezad Malik

As a Fort Worth Toxic Tort Groundwater contamination attorney I am providing this update on the Camp Lejeune litigation.

A former Marine has filed a $16 million lawsuit against the federal government, claiming that contaminated water at Camp Lejeune caused him to contract a rare form of breast cancer.

It is the latest damage claim in a long-running dispute between former residents and the Marine Corps over the polluted water.

Wells at the base were contaminated by fuel leaks and other sources of pollution before being closed two decades ago. Health officials think as many as 1 million people may have been exposed to tainted water.

January 23, 2011

Darvocet Wrongful Death Product Liabilty Lawsuits

by Dr. Shezad Malik

As a Fort Worth DARVON Product Liability Attorney I am providing this Darvon, Darvocet Update.

Since Dec. 3, seven lawsuits have been filed in federal court alleging that Xanodyne Pharmaceuticals Inc., the manufacturer of Darvocet and Darvon, knew of the risks but failed to warn doctors and the general public that the medications could contribute to heart disease.

The recalled pain pills Darvocet, Darvon, or the generic propoxyphene are some of the most dangerous drugs ever sold in the United States, and we are urging folks to stop taking Darvocet, Darvon, or the generic version propoxyphene pain pills immediately.

Many people we have talked with, who took Darvocet, or Darvon, developed severe heart rhythm issues including sudden death, and now are either medicated to control their heart beat, or they have a pacemaker or an implantable defibrillator.

The suits, some them class actions, were filed on behalf of people who suffered from heart problems or died after taking the drugs. Plaintiffs’ lawyers already have moved to consolidate the cases into multidistrict litigation.

January 20, 2011

Victims In Car Fire Were Filling Gas While Driving

by Dr. Shezad Malik

As a Fort Worth Car Accident Attorney, this story takes the biscuit as far as crazy things to do while you are driving.

According to police, a van that caught on fire in a Seattle suburb was caused by the passengers filling up the van with gas while driving.

According to one of the victims, she and her two friends had bought gas at a gas station. She said they didn’t have a gas can, so they filled an open bucket with two gallons of gas and put it in the van.

The engine cowling, a piece of metal that covered the engine had been removed. The passengers used a water bottle to transfer gas from the bucket directly into the carburetor in order to keep the engine running.

The van was filled with gas fumes, then the van stalled and as the driver tried to restart the van, it exploded.

According to Witnesses, the woman jumped out of the back of the van and fell to the ground, on fire, and that the van rolled over her leg. All three people were on fire and “desperately trying to put it out,” investigators said.

January 19, 2011

Car Accident and Road Rage in Grapevine Texas

by Dr. Shezad Malik

As a Fort Worth Car Accident Attorney, I am reporting this crazy case of road rage, which took place in my back yard of Grapevine, Texas.

A Dallas man, James D. Wilson, tried to escape after assaulting another driver in a road-rage incident here in Grapevine.

According to the Grapevine police, Wilson is expected to be charged with aggravated assault with a deadly weapon, endangering a child and criminal mischief. The incident occurred on westbound Texas 114, which is being rebuilt as part of the DFW Connector project.

The other driver, was with his wife, his 9-year-old daughter and their dog in their BMW when he was cut off by a pickup.

The pickup pulled up beside the BMW and then the pickup driver and his passenger got out and yelled at the BMW driver.

The pickup driver got into his truck, leaving the door open, and backed into the BMW and the driver with the door.

The BMW driver got up after being hit, and was dragged about 100 feet while hanging on the door. The BMW driver eventually let go of the door and rolled onto the roadway.

Luckily the incident was witnessed by an off duty police officer and the arrest took place. The man who performed the criminal attack should have his license revoked, pay a hefty fine and go to jail. These kind of assaults/road rage cannot be tolerated in a civilized society…zero tolerance.