Dallas Fort Worth Injury Lawyer Blog

A jury has awarded $1 million to a Las Cruces man who alleged a surgeon was negligent in repairing a colon perforation after a colonoscopy.

General surgeon Dr. David Friedman operated on Michael Salopek in February 2005, to repair a tiny perforation he had sustained during a colonoscopy, Las Cruces attorney Marci Beyer said.

However, Friedman did not find the perforation, which continued to leak into Salopek's abdominal area for 11 days. Medical expenses just to find the perforation totaled $165,000, Beyer said.

Continue reading " Las Cruces NM Man Gets $1M Settlement in Medical Malpractice Case " »

Byetta which is used to treat Type 2 diabetes, has side effects that could increase the risk of serious and potentially life threatening pancreatitis.

Reports have found an association between Byetta and pancreatitis. Amylin Pharmaceuticals and Eli Lilly & Co., the manufacturers of the defective drug have failed to adequately warn about the risk of the serious and potentially fatal injury.

Byetta lawsuits are being investigated for users diagnosed with:

* Acute Pancreatitis
* Hemorrhagic Pancreatitis
* Necrotizing Pancreatitis

Potential cases are being evaluated throughout the United States.

Continue reading " Defective Drugs: Byetta Lawsuits and Acute Pancreatitiis " »

During the early hours of a steamy July 2003 morning, Martin Memorial Medical Center chartered a private plane and sent 37-year-old Luis Jimenez back to Guatemala without telling his relatives in the U.S. or Guatemala — even as his legal guardian frantically sought to stop the move.

The man's guardian, also his cousin, is suing the hospital for essentially deporting Jimenez, who was an illegal immigrant. The hospital, which spent more than $1.5 million on his care over three years, says Jimenez wanted to go home.

Continue reading " Jury to Decide Negligent Deportation of Illegal Immigrant " »

A jury deliberated less than an hour before award­ing $3.5 million to the family of a man who died when his van was crushed between two logging trucks in a January 2008 acci­dent in Elmore County.

A Chilton County jury ordered Ken Gorum Trucking and Gary Fruge, the driver of the logging truck, to pay $3.5 million to the family of James Sanderson.

Attorneys Benjamin E. Baker and J. Cole Portis entered evi­dence that the Gorum truck was being operated at a high rate of speed and with defective brakes in violation of Alabama law.

Continue reading " Jury Awards $3.5 M in Elmore County Traffic Fatality " »

A surgery technician at the center of a hepatitis C scare in Colorado involving the alleged swapping of patients' clean needles for her dirty ones is being investigated in Texas because she previously worked in a Houston-area hospital.

Kristen Diane Parker, who worked at Christus St. John Hospital in Nassau Bay from May 2005 to October 2006, was indicted in Denver last week on 42 criminal counts. Prosecutors allege 19 people contracted the disease after she swapped the needles.

The Texas and Harris County health departments launched an investigation earlier this month that is still in the early stages, according to officials of both agencies. They said the investigation began after they learned Parker worked in Houston.

Carrie Williams, a spokeswoman for the Texas health department, said the focus is on whether Parker had hepatitis C while at Christus St. John. Only then would patients be notified, she said.

Continue reading " Texas Investigating Scrub Tech in Hepatitis C Medical Malpractice Claim " »

A Steuben County couple has sued a Fort Wayne orthopedics firm, alleging a missed diagnosis for a blood clot caused the wife to lose her leg.

Filed in Allen Superior Court this week by Jeanette Presley and Allen Presley, the lawsuit against Orthopaedics Northeast seeks compensatory damages and comes after the couple received a ruling from the state’s Medical Review Panel that Orthopaedics Northeast failed to comply with appropriate standards of care, according to court documents.

Continue reading " Medical Malpractice Lawsuit: Doctors Caused Leg Amputation " »

Yasmin lawsuits are personal injury cases that seek settlements for women injured after taking Yasmin (drospirenone), a contraceptive pill also prescribed in the treatment of moderate acne and premenstrual dysphoric disorder (PMDD) for menstruating women. Yasmin may also be sold under the brand name Yaz, a form of drospirenone manufactured and distributed by Bayer.

Produced by Berlex Laboratories, Inc., Yasmin has been reported to cause a variety of serious side effects since its FDA approval in May 2001. Women injured after taking Yasmin will likely be entitled to compensation by pursuing a Yasmin lawsuit.

Continue reading " Defective Drug: Yasmin Lawsuits " »

Patients who were harmed because of heparin contamination still have time to bring claims against the makers of the heparin products. Patients may have been exposed to contaminated heparin through injections, pre-filled syringes or IV bags. It is important for people affected by contaminated heparin to hold those responsible accountable for what happened.

Heparin is a blood thinner, used in a variety of procedures, including dialysis and cardiac procedures. In early 2008, the US Food and Drug Administration (FDA) announced a recall of certain Baxter heparin products after the agency received reports of adverse reactions linked to the products. Within a month, hundreds of reports detailing severe reactions to heparin surfaced worldwide. The recall was later expanded to include more products and other companies.

The FDA discovered that the contaminant was oversulfated chondroitin sulphate (OSCS), the reactions to OSCS can be extreme; with large doses of heparin, it can result in death.

Injuries linked to contaminated heparin include nausea, vomiting and flu-like symptoms to anaphylactic shock, coma and even death.

Continue reading " Baxter Contaminated Heparin Class Action Lawsuit Still Open " »

A federal judge has awarded $749,000 to the estate of a World War II veteran who lost much of his vision during surgery at the Veterans Administration medical facility in Jackson, MS.

U.S. District Judge Tom Lee said in a footnote to Monday’s 18-page ruling that he was inclined to award more money for Charles West’s suffering, “which clearly has been extreme,” but was limited by Mississippi’s pain-and-suffering cap in such lawsuits.

West, claimed in his suit that he suffered damage to the corneas of both eyes during a blepharoplasty, a procedure to remove sagging skin between the eyebrow and the eye lid.

Continue reading " Veteran Blinded During Routine Operation " »

Federal regulators warned consumers on Tuesday not to use body-building products that are sold as nutritional supplements but may contain steroids or steroidlike substances, citing reports of acute liver injury and kidney failure.

The Food and Drug Administration said it issued the warning because of increased reports of medical problems in men who had used such products.

But except for naming eight specific supplements sold by a single company, the Food and Drug Administration did not provide much clear guidance to consumers on what other products to avoid. The F.D.A. acknowledged that it did not know how many products its warning affect

Continue reading " FDA Warns Against Bodybuilding Products Containing Steroids " »

Accutane has been a controversial acne medication because of the serious risk of side effects and suicides attributed to it. The FDA warned physicians prescribing the acne medication to be aware of any signs of depression their patients might display. Accutane manufacturer Hoffman-LaRoche did not warn patients and healthcare professionals of the potential risks involved with Accutane until after the FDA made this advisement.

In October 2001, Congressman Bart Stupak expressed his concerns about Accutane following the suicide of his son who was taking Accutane. Accutane manufacturer has warned physicians that the acne drug can possibly cause "depression, psychotic symptoms, and rarely suicide attempts," but still the company maintains they believe the drug is safe. In addition, Accutane carries high risk of serious birth defects, including deformed babies, miscarriage, premature birth, or death of the baby.

Continue reading " Defective Drug: Accutane Lawsuits and Inflammatory Bowel Disease " »

The parents of a toddler who died July 1 in a locked minivan outside a Bucks County daycare center - forgotten there for more than six hours - have filed a negligence lawsuit against the center and its owners.

Daniel Slutsky, 2, died of hyperthermia in the back seat of a van belonging to his neighbor, Rimma Shvartsman, a co-owner of Fairy Tales Daycare Center in Penndel.

In the suit, filed in Philadelphia, Gil and Lyudmila Slutsky seek an unspecified amount of damages, saying Fairy Tales and its owners "were under a legal and moral duty to provide competent and safe care" for their son.

Law enforcement authorities are still investigating the death, and Bucks Count District Attorney Michelle Henry has not ruled out possible criminal charges.

Continue reading " Suit Filed in Death of Tot Left in Car " »

A former doctor who admitted he was abusing prescription drugs agreed to settle the medical malpractice lawsuit against him in St. Louis County court this week.

The patient, John W. Campbell, accused Michael Impey of putting a hole in his colon during a medical procedure in 2006. About a foot of Campbell's colon was removed as a result of the injury.

Impey, who lost his medical license soon after the incident because he was abusing pain pills, agreed to settle Tuesday for an undisclosed amount.

Continue reading " Medical Malpractice Trial Over Addicted Doctor Begins " »

A 20-year-old airman was in critical condition at University of California Davis Medical Center on Monday, after losing both legs in what his family described as complications of routine gallbladder surgery.

Neither the medical center nor Travis Air Force Base, where Airman 1st Class Colton Read underwent surgery this month, would comment on specifics of his case.

Travis said only that a "serious medical incident" occurred at its David Grant Medical Center on July 9 and is being investigated by the base, a national hospital accrediting commission and the U.S. Surgeon General.

Read, who was stationed at Beale Air Force Base east of Marysville, Calif., was supposed to get his gallbladder removed laparoscopically at the Travis hospital, said his wife, Jessica Read.

Continue reading " Airman Loses Legs After Gallbladder Operation " »

A Winter Park Florida dentist who twice dropped tools down the throat of an elderly patient -- a 90-year-old man who died after the second incident -- is being sued for negligence.

Relatives of Charles K. Gaal Jr. recently filed the suit in Orange County Circuit Court against Dr. Wesley Meyers of Aloma Park Dental.

They accuse Meyers of failing to take precautions to guard against dropping and losing his dental tools down Gaal's throat and failing to handle his tools properly during the second incident, which occurred May 1, 2007.

On Oct. 4, 2006, while he was performing work on Gaal, Meyers dropped an "implant screwdriver tool" down the patient's throat.

Gaal swallowed the tool and two days later, he underwent a colonoscopy. The tool was removed from his intestines, the suit said.

Continue reading " Wrongful Death by Dentist After Tools Lost " »

If you took an oral sodium phosphate (OSP) to clean your bowels prior to a colonoscopy and have developed kidney damage, there is a chance your health problems are linked to the use of the OSP. In 2008, certain oral sodium phosphates, including OsmoPrep and Visicol were given a black box warning, the highest warning required by the FDA, alerting patients to the risk of kidney damage.

The OsmoPrep and the Visicol are prescription drugs, and there is also an over-the-counter preparation called a Fleet enema. These also have been linked with acute kidney damage when used as bowel preparation for a colonoscopy but not when used as a laxative. In 2008, they were also given a black box warning that warns of the potential risks of renal failure."

There are some people who are more susceptible to renal failure than others. Some factors that can affect a patient's susceptibility include having pre-existing kidney damage, being dehydrated while taking the OSP, being on an angiotensin-converting enzyme (ACE) inhibitor while taking the OSP, being on an angiotensin receptor blocker (ARB) while taking the OSP, having increased bowel transit times (such as a bowel obstruction or colitis), or being on a non-steroidal anti-inflammatory drug (NSAID) while taking the OSP. A final risk factor is being 55 years of age or older at the time the OSP is taken.

Continue reading " Fleet Phospate Class Action Lawsuits For Kidney Damage " »

The last time the government embarked on a major vaccine campaign against a new swine flu, thousands filed claims contending they suffered side effects from the shots. This time, the government has already taken steps to head that off.

Vaccine makers and federal officials will be immune from lawsuits that result from any new swine flu vaccine, under a document signed by Secretary of Health and Human Services Kathleen Sebelius.

Since the 1980s, the government has protected vaccine makers against lawsuits over the use of childhood vaccines. Instead, a federal court handles claims and decides who will be paid from a special fund.

The document signed by Sebelius last month grants immunity to those making a swine flu vaccine, under the provisions of a 2006 law for public health emergencies. It allows for a compensation fund, if needed.

Continue reading " Legal Immunity set for Swine Flu Vaccine Makers " »

The Supreme Court in Washington state unanimously reinstated a $14 million award to a family who sued a tavern and a bartender after one of the bar's customers drove away from the establishment and collided with their car, leaving a 7-year-old-boy a paraplegic.

Under state law, bartenders who serve visibly intoxicated customers are liable for damages to potential victims. At question was the type of evidence needed to prove "negligent overservice."

Continue reading " $14 M DUI Award Restored in Washington State " »

A couple who lives near Stockton Lake, MO has been awarded $1.1 million in a lawsuit settlement because of the stench from a nearby factory hog farm.

Ed and Ruth McEowen filed the nuisance lawsuit against the hog operators after barns were erected less than 1,000 feet from their home several years ago.

“Night was always the worst,” Ed McEowen said. “It’s like the monsters come out at night. The sickening stench just lays down here in the valley once the sun goes down. You could never invite anybody over because you never knew how bad the stench was going to be.”

Continue reading " Missouri Hog Farm Lawsuit Settled for $1.1 M " »

If you are a patient taking Avandia and have suffered a heart attack or stroke, you need to seek legal advice as the time for filing a lawsuit may be running out, . Avandia is used to treat type 2 diabetes mellitus but studies have linked Avandia to an increased risk of adverse heart events.

Avandia was found to have an increased risk of heart attacks and strokes, the problems it causes are similar to those caused by Vioxx. Avandia is believed to increase a certain subset of cholesterol that also increases the risk of heart attacks.

The FDA issued a safety alert in May, 2007, based on different studies, and found that people with underlying heart disease are at an increased risk of one of those events [heart attack or stroke] if they are taking Avandia. There was a meta-analysis, where researchers looked at different studies, and that showed a 30 to 40 percent greater risk of a heart attack in patients treated with Avandia than people treated with a placebo or other diabetes therapies.

Continue reading " Avandia Class Action Lawsuits and Increased Risk of Strokes " »

An industrial worker who suffered severe eye damage after he was doused in acid in an April 2006 workplace accident has been awarded $9.6 million by a Houston jury, according to the Houston law firm that represents the worker.

The jury in the 295th State District Court of Harris County found Dallas-based Occidental Chemical Corp., a unit of Occidental Petroleum Corp., negligently designed the acid addition system to which Equistar Chemicals L.P. worker Jason Jenkins was adding acid at the Lyondell Bayport facility when the accident occurred.

Jenkins, who lost most of his vision in one eye, alleged that Occidental's system lacked a pressure indicator and it failed to properly vent pressure to prevent worker injury. The faulty design vented pressure near Jenkins' face, according to trial evidence. Occidental denied the allegations.

Continue reading " Texas Jury Awards $9.6 M to Worker Injured in Industrial Accident " »

Introduced in the U.S. in July 2002, NuvaRing is a vaginal contraceptive ring that is over 98 percent effective at preventing pregnancy when it is used properly.

NuvaRing birth control works over the course of three weeks by slowly releasing hormones into a woman's body. While NuvaRing needs to be removed during the fourth week of a month (to allow for menstruation), the contraceptive effects of this birth control device continue to persist.

Currently, over 1.5 million women in 32 countries, including the U.S., the Netherlands and Australia, use NuvaRing.

Continue reading " Defective Drug: Nuvaring Lawsuits and Increased Risk of Stroke " »

According to adverse drug event reports received by the FDA, there may be a connection between the use of Chantix and diabetes. The drug has been linked with a number of reports involving new onset diabetes.

The Chantix attorneys at Dr Shezad Malik Law Firm are evaluating the potential for legal cases on behalf of individuals who were diagnosed with diabetes for the first time after using Chantix.

While studies have not firmly established that Chantix causes diabetes, sufficient reports of problems associated with the use of the drug warrant further investigation. Potential cases are being reviewed throughout the United States.

Continue reading " Chantix Diabetes Side Effects and Lawsuits " »

The use of oral sodium phosphate products, like Fleet Phospho-soda, Visicol and OsmoPrep, to clear out the bowels before a colonoscopy or other medical procedure, have been associated with the development of a rare but serious form of kidney injury known as acute phosphate nephropathy.

The Fleet Phospho-soda attorneys at Dr Shezad Malik Law Firm are investigating potential Acute Phosphate Nephropathy lawsuits for patients who have been diagnosed with the kidney condition after using an over-the-counter Fleet Phospho-soda laxative at high doses for colonoscopy prep.

Continue reading " Fleet Phospho-soda and Acute Phosphate Nephropathy Lawsuits " »

Two West Texas nurses have been indicted after filing an anonymous complaint about a doctor's practices with the Texas Medical Board, but the state agency says the women did nothing wrong.

The nurses are charged with misuse of official information. Each one-page indictment filed against them alleges they improperly accessed information that was not public "with intent to harm" the doctor for "a nongovernmental purpose."

Among the nurses' complaints were that the doctor improperly encouraged patients to buy herbal medicines from him and had wanted to use hospital supplies to perform a procedure at a patient's home.

The Texas Medical Board defended the nurses' actions and said it's the board's state-mandated duty to look into such complaints.

Continue reading " Texas Nurses Face Charges After Filing TMB Complaint " »

The Food and Drug Administration (FDA) has caught the manufacturers of Zicam and that should force it, to regulate homeopathic products.

FDA regulations require that drugs and treatments be “scientifically proven safe and effective.” Homeopathic remedies, except when people rely on them to treat serious conditions, are usually safe. So far, though, the FDA has ignored the multi-million dollar fraud. But now there is harm.

Continue reading " Zicam Lawsuits and the FDA Complaint " »

An investor with Matrixx Initiatives, Inc. the maker of Zicam, has filed a proposed securities class action lawsuit in the United States District Court for the District of Arizona on behalf of shareholders of Matrixx Initiatives, Inc., who purchased Matrixx stock between December 22, 2007 and June 15, 2009, in relation to Matrixx Initiatives alleged violations of FDA regulations involving the Zicam Cold Remedy products.

Continue reading " Zicam Matrixx Initiatives, Inc. Investor Class Action Lawsuit " »

Millions of people who have used the prescription acne medication call it a miracle. But the drug also has been the target of lawsuits, federal investigations and scientists who say the drug is overused and that its dangers outweigh its benefits.

But now Accutane is gone. Its maker, Swiss pharmaceutical giant Roche Holding, pulled it from the market last week. The company maintains the drug is safe but says it can't compete with generic versions that flooded the U.S. market several years ago.

Others say Roche has had trouble shaking off the studies and lawsuits that link it to everything from birth defects to depression. Juries recently awarded at least $33 million in damages to users who blamed the drug for bowel disorders.

"We've never advocated this drug being taken off the market," said Dr. Sidney Wolfe of Public Citizen, a consumer advocacy group that has been vocal about Accutane.

Click here for the Accutane Case List

Continue reading " Accutane Lawsuits and Litigation " »

The American Nurses Association (ANA), which represents the interests of the nation’s 2.9 million registered nurses, is joining forces with the Texas Nurses Association (TNA) to strongly criticize the recent indictment and prosecution of two registered nurses in Winkler County, Texas, for reporting to the Texas Medical Board their concerns about a physician’s standard of practice at the Winkler County Memorial Hospital in Kermit, Texas.

ANA and TNA are gravely concerned about the chilling effect the county’s actions could have on future nurse "whistle blowers" who advocate for their patients in the nation’s hospitals. An initial hearing on the nurses’ motions to dismiss the case was held July 15 in the Winkler County Courthouse but no rulings were made on any of the motions.

Continue reading " Nurse Association Targets Winkler County Hospital Texas " »

Beverly Crouch spent hundreds of dollars on chemicals last fall to try to get the green tinge out of her backyard pool.

It wasn't until two months ago that she learned why the chemicals she put into her 13,000-gallon, above-ground pool wouldn't clear the water. The green color came from well water contaminated with hexavalent chromium, a known human carcinogen.

Crouch, 44, isn't alone. Some of her neighbors' wells gushed water the color of urine.

Texas environmental officials are still trying to determine the extent of the contamination. Later this month, they will ask the U.S. Environmental Protection Agency to consider the site for federal Superfund status.

After that, efforts will begin to find who dumped the dangerous chemical, which appears to have been in the area for years, according to one environmental investigator.

Continue reading " Midland Texas Wells Contaminated with Chromium " »

U.S. District Judge Cecilia M. Altonaga, who is handling the consolidated Fixodent and Super PoliGrip lawsuits filed over zinc poisoning from denture creams, issued an order designating lawyers to serve in leadership positions in the MDL, or Multidistrict litigation. These denture cream lawyers will perform services that benefit all of the plaintiffs involved in the litigation during the pretrial proceedings.

On June 9, 2009, the Judicial Panel on Multidistrict Litigation centralized all federal denture cream lawsuits before Judge Altonaga in the U.S. District Court for the Southern District of Florida, for coordinated discovery and pretrial litigation.

Continue reading " Denture Cream Lawsuits " »

MedWatch June 2009 Drug Safety Labeling Changes posting includes 31 drug products with safety labeling changes to the following sections: BOXED WARNING, CONTRAINDICATIONS, WARNINGS, PRECAUTIONS, ADVERSE REACTIONS, PATIENT PACKAGE INSERT, and MEDICATION GUIDE.

The "Summary Page" provides a listing of drug names and safety labeling sections revised:

Continue reading " FDA Safety Information and Adverse Event Reporting Program " »

Opteron 1 Inc. dba Nature & Health Co., announced today that it is conducting a voluntary nationwide recall of the company's five supplement products sold under the following names: LibieXtreme, Y-4ever, Libimax X Liquid, Powermania Liquid and Capsule, Herbal Disiac.

The Company has been informed by representatives of the Food and Drug Administration (FDA) that lab analysis by FDA of these five samples found they contains either tadalafil, an active ingredient of an FDA-approved drug for erectile dysfunction (ED) , its analog aminotadalafil, or the analog of sidenafil, an active ingredient of another FDA-approved ED drug, making these products unapproved drugs. None of the active drug ingredients are listed on the product labels. The undeclared ingredients may interact with nitrates found in some prescription drugs such as nitroglycerin and may lower blood pressure to dangerous levels. Consumers with diabetes, high blood pressure, high cholesterol, or heart disease often take nitrates. Additionally, the product may cause side effects, such as headaches and flushing.

Continue reading " Nature & Health Co. Issues Voluntary Nationwide Recall of Six Male Enhancement Products Marketed as Dietary Supplements " »

A serious and potentially fatal muscle condition, known as Rhabdomyolysis, could be caused a number of different prescription medications.

The use of statin drugs, such as Baycol and Crestor, have been linked to side effects of Rhabdomyolysis, and the combination of drugs containing simvastatin, such as Zocor, Vytorin and Simcor, with heart drugs containing amiodarone, such as Cordarone and Pacerone, could increase the risk of the disorder. Recent reports also suggest that the dietary supplement Hydroxycut is associated with reports of rhabdomyolysis.

Continue reading " Rhabdomyolysis and Cholesterol Lowering Drugs " »

The use of intra-articular pumps, also known as pain pumps or pain balls, to deliver medication to the shoulder following arthroscopic shoulder surgery has been linked to the development of a painful and debilitating condition which causes the loss of cartilage in the shoulder. The condition, known as Postarthroscopic Glenohumeral Chondrolysis or PAGCL, has no consistently successful treatment and often results in permanent shoulder pain.

STATUS OF SHOULDER PAIN PUMP LITIGATION: Lawsuits are currently pending and potential cases are still being reviewed by product liability lawyers. Motions have been filed to consolidate all Federal shoulder pain pump lawsuits and transfer the cases to one court for pre-trial proceedings.

Continue reading " Shoulder Pain Pump Litigation " »

A Rhode Island woman has joined 516 other plaintiffs in a massive lawsuit against pharmaceutical companies that make certain dyes used for magnetic resonance imaging (MRI).

The woman, who did not want to be identified, was diagnosed with nephrogenic systemic fibrosis (NSF) in 2006 after being injected with a contrast-agent made with gadolinium . It's a rare disease that affects people with renal failure, such as kidney disease.

The contrast-agent, or dye, is used during an MRI to help technicians and doctors examine tissue. Patients with healthy kidneys simply flush the gadolinium out. People diagnosed with NSF, however, describe their skin turning wood-like, eventually cracking. The disease can move to organs where it can be fatal.

Continue reading " Gadolinium MRI Dye Linked to Skin Disease " »

First came the warning letter from the U.S. Food and Drug Administration; now lawsuits.

Bayer HealthCare Pharmaceuticals has been hit with four individual federal lawsuits -- three in Ohio, one in Wisconsin -- involving the safety of its popular birth control pills Yaz and Yasmin.

The lawsuits -- which were filed on July 7, 9 and 10 -- come after Bayer reached an agreement with the Food and Drug Administration in 2008 to run a $20 million corrective ad campaign for overstating the benefits of Yaz and downplaying its risks. The FDA had issued Bayer a warning letter about the ads, noting that Yaz actually has additional risks compared to other birth control pills because it contains the progestin drospirenone, which can increase potassium levels.

Continue reading " Bayer Sued Over Safety of Birth Control Pills Yaz and Yasmin " »

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.

Continue reading " Medtronic Paradigm Recall: Quick-Set Infusion Sets for MiniMed Insulin Pump " »

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.

Continue reading " W. Va. Soldiers sue KBR for Chemical Exposure in Iraq " »

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.

Continue reading " Jury Finds Pregnant Officer was Discriminated Against " »

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.

Continue reading " Texas Firm Agrees to Clean up Mercury Spills to Settle Lawsuit " »

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.

Continue reading " Zicam Lawsuit and the FDA " »

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.

Continue reading " Midlothian Texas Residents to be Studied for Industrial Pollution " »

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.

Continue reading " $31 M Verdict Against Ohio Hospital Negated by Settlement Agreement " »

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.

Continue reading " Dallas County to Settle Two Jail Inmate Lawsuits " »

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.

Continue reading " Troubles at Philadelphia VA Continue " »

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.

Continue reading " Nevada Whistleblower Gets Job Back " »

Yasmin was introduced in 2001 by Berlex Laboratories as a combined hormonal oral contraceptive. After Berlex was acquired by Bayer Healthcare in 2006, they marketed Yaz, which was an identical drug to Yasmin, except that Yasmin contained 30 mcg of ethinyl estradiol, while Yaz contained 20 mcg. Yasmin/Yaz was sold throughout the world but they are linked with problems and side effects.

Side effects such as Deep Vein Thrombosis (DVT), Pulmonary Embolism (PE), heart attack, stroke and death were prevalent among women who used Yasmin/Yaz. These problems were linked to drospirenone, which acts as a diuretic related to spironolactone. This causes high potassium levels, called hyperkalemia, which results in serious heart problems and other serious health issues.

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The New Jersey Supreme Court has designated mounting litigation over the Johnson & Johnson antibiotic Levaquin as a mass tort and has assigned it to an Atlantic County, N.J., judge. The suits charge that the drug, which is prescribed for bacterial infections of the lungs, urinary tract and skin, has caused Achilles' tendon ruptures and other damage.

The plaintiffs law firm that sought mass-tort status, Douglas & London of New York, maintains that the litigation will likely involve thousands of cases with the same defendants, similar complex issues of law and fact, and plaintiffs with a high degree of commonality in their injuries and damages.

The firm, which has filed six Levaquin suits in New Jersey, also said Atlantic County is appropriate because its docket is less crowded than those in Bergen or Middlesex counties, the other venues hearing mass-tort cases.

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Federal drug regulators warned that patients taking two popular drugs to stop smoking should be watched closely for signs of serious mental illness, as reports mount of suicides among the drugs’ users.

But officials emphasized that fear should not stop patients from taking the smoking-cessation medicines, Chantix, made by Pfizer, and Zyban, made by GlaxoSmithKline, which also sells it under the brand name Wellbutrin, for depression.

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Side effects of Zicam Nasal Gel and Nasal Swabs, marketed as an over-the-counter cold remedy, have been associated with the loss of sense of smell and taste, which can be an extremely devastating injury. In June 2009, the FDA required that three Zicam Cold Remedy products be pulled from the market due to reports of more than 130 users losing their sense of smell.

STATUS OF ZICAM LAWSUITS: Hundreds of Zicam lawsuits have been filed on behalf of individuals who lost their sense of taste or smell, and lawyers are continuing to review potential claims.

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Side effects of Chantix could increase the risk of suicide or lead to a number of serious and life-threatening injuries.

The side effects of Chantix are being reviewed for potential lawsuits for individuals who suffered severe physical injury or death which may be related to the use of Chantix. The anti-smoking drug has been linked to a number of psychological side effects and other problems which could be caused by the effect the drug has on the brain.

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Santa Clara County has agreed to pay $2.3 M to the parents of one of the bicyclists killed when a former sheriff's deputy drove his patrol car into a group of cyclists.

The payment settles a lawsuit filed against both the county and the deputy by the family of cyclist Matt Peterson, 29, who was killed in the crash. Negotiations are still ongoing in civil suits filed by the family of the other cyclist who died, Kristy Gough, 30, and with Christopher Knapp, 21, who suffered two broken limbs but survived.

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A Cobb County, Georgia jury has awarded a Home Depot customer and his wife $1.5 million in a personal injury case stemming from a forklift accident inside a store.

According to the complaint, in November 2005 shopper Larry Reece fell and suffered neck and spine injuries after a pallet of plywood fell 24 feet from a forklift.

The wood hit a barricade that knocked over Reece, who wound up trapped under the plywood.

As part of the verdict, Reece’s wife was awarded $30,000 for loss of marital relations, said the couple’s attorney, Jeff Shiver. Shiver said medical expenses for Reece’s neck injuries were about $120,000, including surgery to repair herniated discs.

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A Harris County Texas jury has ruled in favor of a Houston man in a medical malpractice case, awarding him $10 million in damages stemming from a lawsuit against Methodist Hospital and the doctors who treated him there.

John German developed gangrene that required the amputation of his left leg above the knee, all the toes on his right foot and all of his fingers in the aftermath of heart surgery in 2002 .

“It’s been a long time coming, but I feel vindicated,” said German, who was a 32-year-old mechanic at the time of the care.

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Roche Holding AG, the world’s biggest maker of cancer drugs, is pulling its Accutane acne medicine from the U.S. market after juries awarded at least $33 million in damages to users who blamed the drug for bowel disease.

Roche notified the U.S. Food and Drug Administration today that it was withdrawing Accutane after a “reevaluation” of its product lines showed it faced serious challenges from generic competitors, company officials said in a statement.

“In addition, Roche has been faced with high costs from personal-injury lawsuits that the company continues to defend vigorously,” according to the statement.

About 13 million people have taken Accutane since it went on the market in 1982. The medication was Roche’s second-biggest selling drug before the patent expired in 2002 and rivals started selling generic versions. Roche’s prescription market share of the drug is now below 5 percent, the company said.

Continue reading " Roche Pulls Accutane Off Market After Jury Verdicts " »

In Texas, Asbestos been used in the petroleum industry in everything from pipe insulation to gaskets to the clothes workers wore. Asbestos causes cancer when breathed into the lungs, often in the form of Mesothelioma.

The fire benefits of asbestos were such that their use in Texas did not stop with the petroleum industry. The substance was used in building materials for homes, schools and buildings.

The state of Texas is in the top 10 when it comes to asbestos claims. At last count, it was placed seventh among all the states for the highest number of asbestos lawsuits filed and that number is expected to rise dramatically as the disease progresses.

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FDA has required the manufacturers of the smoking cessation aids varenicline (Chantix) and bupropion (Zyban and generics) to add new Boxed Warnings and develop patient Medication Guides highlighting the risk of serious neuropsychiatric symptoms in patients using these products. These symptoms include changes in behavior, hostility, agitation, depressed mood, suicidal thoughts and behavior, and attempted suicide. The same changes to the prescribing information and Medication Guide for patients will also be required for bupropion products (Wellbutrin and generics)that are indicated for the treatment of depression and seasonal affective disorder.

Continue reading " FDA: Varenicline (marketed as Chantix) and Bupropion (marketed as Zyban, Wellbutrin, and generics) " »

An East Texas company must pay black workers more than $3 million in back pay as damages in a class action lawsuit charging racial discrimination, a federal judge has ruled.

U.S. District Judge Ron Clark said Lufkin Industries Inc. must pay the workers $3.1 million as well as 5 percent interest to compensate them for acts of discrimination dating to 1994.

A bench trial in 2005 found that the company unlawfully made initial assignment and promotion decisions that discriminated against black workers.

"Lufkin Industries has been profiting for years from its policy of unlawful discrimination," wrote Clark, who succeeded Cobb on the bench in the Eastern District of Texas. "At the same time, as Judge Cobb found, Lufkin's CEO was indulged with a corporate jet and pilot and in 2002 a paycheck three times that of the president of the United States."

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