Dallas Fort Worth Injury Lawyer Blog

As a Dallas Medtronic Infuse Lawsuit and side effect attorney and medical doctor I am providing this update regarding the problems associated withe Medtronic Infuse medical product.

Medtronic, a medical device company is in the news regarding reports about its synthetic bone growth product Infuse. In 2008, the U.S. Department of Justice began investigating whether Medtronic had been illegally promoting "off-label" use of Infuse.

The Spine Journal reported in its June 2011 edition concerns about Infuse and Medtronic's research. In 2004, a small group of doctors wrote some research papers stating that Infuse did not cause any harm to patients. The doctors who wrote the article would eventually receive millions of dollars from Medtronic.

According to researchers, in contrast to published reports from manufacturer-sponsored studies of the Infuse spinal fusion device that incorporates a biologic bone-building drug, a new analysis of FDA documents and other data sources suggests that up to half of patients receiving the device may experience adverse events related to the drug.

The Infuse device, which delivers recombinant human bone morphogenetic protein-2 (rhBMP-2) to speed vertebral fusion in patients with chronic back pain, has adverse event rates of 10% to 50% depending on the approach, according to Eugene Carragee, MD, of Stanford University's outpatient clinic in Redwood City, Calif., and colleagues.

"This risk of adverse events associated with rhBMP-2 is 10 to 50 times the original estimates reported in the industry-sponsored peer-reviewed publications," Carragee and colleagues wrote online in The Spine Journal, which Carragee serves as editor-in-chief.

The investigators in each of 13 reports of studies funded by product manufacturer Medtronic and published from 2000 to 2009 claimed to find no adverse events attributable to rhBMP-2.

The Spine Journal reports that those doctors did not disclose their financial ties to Medtronic and that the papers repeatedly failed to report complications with Infuse. Infuse may cause unwanted, and sometimes out-of-control, bone growth. The Spine Journal found that the complication rate for Infuse was anywhere from 10 to 50 times higher than reported in the Medtronic studies.

The United States Food & Drug Administration only approved Infuse for fusions in the lower back. But, doctors have been using it "off-label" for cervical (neck) spinal fusions, too often with poor results.

Unwanted bone growth in the neck can result in:

difficulty with breathing and swallowing
tracheotomies
emergency surgery
the placement of feeding tubes
revision surgery (additional surgery needed too fix the problem)

Other reported problems with Infuse include:

male sterility
infection
cancer
bone loss
unwanted bone growth
nerve damage
incontinence

As a Texas Medical doctor and Fort Worth Personal Attorney, I am providing this commentary regarding the state of traffic in our Great State of Texas, particularly in the Dallas Forth Worth Metroplex.

I was sitting here in my office on a Friday afternoon, before the long holiday weekend for Labor Day, when I browsed this interesting article that I would like to share.

I-35W in Fort Worth is the most stressful road in Texas, and fifth overall on the state's list of 100 most congested roadways. According to the Texas Department of Transportation's 2011 edition of the 100 most congested roadways, I35w Interstate 35W north of downtown Fort Worth is the most stressful road to travel on in Texas during peak congestion periods.

The stretch of I-35W between I-30 and 28th Street north of downtown is the fifth most congested roadway in the state, according to calculations made by the Texas Transportation Institute. And I-35W has the highest score in the state when ranked by the congestion level during rush hours -- tied for first place with U.S. 281 in the San Antonio area.

Also in Tarrant County, Northeast Loop 820 between U.S. 377 and the Northeast Interchange is the 17th most congested roadway. If you want to review the list, click here. The top three most congested roads in Texas are Woodall Rodgers Freeway, LBJ Freeway and Central Expressway in Dallas, followed by I-35 in Austin.

There is an obvious relationship between stressful driving and car accidents. Y'all be safe this holiday weekend, as for me I am going to drive into Dallas as soon as this blog is published.

As a Dallas Slip and Fall Attorney, I would like provide a quick explanation and an update of Texas Slip and Fall law.

A slip and fall accident is a type of personal injury claim that occurs when a person slips and falls on another person’s property. It is based on the breach of duty that the owner of the property was negligent in failing to correct the dangerous condition that caused the slip and fall.

If you were in a public place or a private residence in Texas and hurt yourself due to a slip and fall, you may file a slip and fall lawsuit. But if the accident was your fault, or there is some other intervening circumstance that does not satisfy the slip and fall lawsuit requirement, you can expect that it would get dismissed.

You have to prove negligence on the part of the company or private citizen at whose Texas property the slip and fall injury took place. A classic example would be a wet floor. We are all familiar with businesses that mop their floors and put out bright yellow or orange caution signs and/or cones to warn people that the area is wet and not to cross it. If these signs are clearly posted and you cross into the slippery area anyway, the business has a good chance of not being liable for the fall.

The term Premises Liability is used when assigning responsibility for injuries caused by the defective design or maintenance of property, including private homes, public buildings, and anywhere a person would have a reasonable expectation of safety.

"Negligence" means failure to use ordinary care to provide a safe place and to reduce or eliminate an unreasonable risk of harm created by the condition or use of a place, equipment or procedures.

Property owners have a duty to keep their property safe. To hold the property owner responsible, one of the following three conditions must apply to the incident:

1. The owner of the property, or one of their employees, caused the worn or torn spot, the spill or the dangerous surface that resulted in the slip and fall.
2. The property owner knew about the dangerous condition but didn’t do anything about it.
3. The owner of the property should have known about the dangerous condition because a reasonable person tending to a piece of property would have detected the problem and taken steps to correct it.

To read more, click here.

Continue reading "Slip and Fall Premises Liability Update" »

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.

Continue reading "$49 M Awarded in Wrongful Death Drunk Driving Truck Accident" »

As a Fort Worth Personal Injury and Premises Liability Attorney I am providing this news story.

A New York jury has rendered a premises liability negligence verdict for a Buffalo woman. The verdict awarded was $66 million for injuries she suffered on a Cybex weight machine.

The plaintiff, a physical therapist, had her vertebra crushed when the 500-pound machine fell on her in 2004. The injuries were so severe as to render her a quadriplegic.

The jury verdict in New York state Supreme Court was one of the largest personal injury awards ever in Erie County,

Information and commentary provided by Dallas Fort Worth Personal Injury Attorney Dr Shezad Malik. The Dr Shezad Malik Law Firm can be contacted in Dallas toll free at 888-210-9693 or in Fort Worth at 817-900-8439. If you or a loved one has been injured from a truck accident, car crash or bus accident, please fill out our contact card for a free consultation.

Click here for Map and location.

Click here for Map and location.

As a Fort Worth Medical Malpractice attorney I am providing this Texas medical malpractice update.

Texas lawmakers passed legislative changes in 2003, which made it more difficult for patients to be awarded damages in any health care medical malpractice setting.

The tort reform state lawmakers passed in 2003, the toughest in the country, capped medical liability for non economic damages at $250,000 per health care provider, with a maximum award of $750,000.

This is particularly true in emergency rooms medical malpractice claims, where plaintiffs must prove doctors acted with "willful and wanton" negligence. This standard means that they not only put the patient in extreme risk but knew they were doing it. Plaintiffs must prove that ER doctors acted with conscious indifference, or gross negligence, rather than simple negligence.

Tort reform advocates say the law is needed to protect ER doctors operating in volatile environments.

Medical malpractice attorneys argue the threshold is nearly impossible to cross, the “willful and wanton” rule means ER care in Texas is some of the most dangerous in the country, because no one can be held accountable for failure to diagnose, failure to treat or wrong care.

Unfortunately Texans are unaware that their Legislature has mandated a very low standard of care — almost no care, and heaven forbid they or a loved one gets injured by the negligence of an ER doctor, then they find out, the hard way, that they have no legal recourse.

Information and commentary provided by Dallas Fort Worth Personal Injury Attorney Dr Shezad Malik. The Dr Shezad Malik Law Firm can be contacted in Dallas toll free at 888-210-9693 or in Fort Worth at 817-900-8439. If you or a loved one has been injured from a truck accident, car crash or bus accident, please fill out our contact card for a free consultation.

Click Here for Map

As a Fort Worth Car Accident Attorney I am providing this update on drunk driving related car accidents and fatalities. These incredible statistics reveal why drunk driving is a major public policy issue.

According to Mothers Against Drunk Driving MADD, these are the statistics for 2010 for the State of Texas.

Rank: 45

3 time offenders: 124,662

5 time offenders: 18,271

DUI Fatalities: 1,235

% of total traffic deaths DUI related 40%

% of change in DUI fatalities from previous to current year: -6

State subsidy of drunk driving fatalities: $5.8 Billion

Summary:

The Legislature rejected lifesaving interlock legislation and sobriety checkpoint legislation in 2009; MADD is working toward the 2011 session.

Alcohol use in past month among persons aged 12 to 20: 26%

Binge alcohol use in past month among persons aged 12 to 20: 17%

Source: SAMHSA, Office of Applied Studies, National Survey on Drug Use and Health, 2007 and 2008.

We are following closely this local story involving a drunk Fort Worth police officer and the tragic car accident that he was involved in. Read full Fort Worth Star Telegram story here.

An accident investigator said a former Fort Worth police officer's alcohol intoxication is to blame for a fatal car crash.

Jesus Cisneros, a former undercover narcotics officer, is charged with intoxication manslaughter in the wrongful death of a 27-year-old mother.

Sonia Baker died in December when a Fort Worth issued SUV driven by Cisneros crashed into her. The SUV apparently was speeding at 76 mph in a busy residential area when it collided with Baker's car. Baker could not have been able to avoid the accident, according to the investigators.

According to State Prosecutors, the crash came after Cisneros attended a birthday party for a fellow officer at a Fort Worth bar. Video that was recorded at the party show him drinking heavily.

Click here for Map

As a Southlake car accident and car wreck attorney I frequently provide updates to my readers.
If you are involved in a car accident, car wreck, hit and run, fender bender or any other terms you that may use for a car collision, you should be familiar with the Texas driving rules of the road.

As a Fort Worth Car Wreck attorney, I am involved with many of the similar types of car accident cases as I read about this weekend.

Dallas taxi broadsides SUV, leads to critical injuries of a stranded driver. Read full story here. A taxicab carrying seven passengers broadsided a Buick at a downtown Dallas intersection Saturday morning, sending the SUV crashing into a man as he filled his dead vehicle with gas.

Obviously the taxi cab driver did not keep a proper lookout and went through a busy intersection, causing the accident and causing significant brain trauma to a pedestrian.

In Texas, all drivers have to keep a “proper lookout”and observe the speed, traffic signals/signs and traffic conditions for that particular stretch of road. It is the law in Texas to wear a seat belt and so buckle up. That means that the driver has to pay continuous attention to the road as well as other drivers and failure to observe this could result in a Texas car accident because of negligence.

Every driver in Texas- whether you live in Southlake, or any other area- has a responsibility to be careful when driving. Remember a Texas driver license is a privilege and not an automatic right to use the road.

Information and commentary is provided by Dallas and Fort Worth Car Accident Attorney Shezad Malik. The Dr Shezad Malik Law Firm can be reached in Dallas at http://www.shezadmalik.com/http://www.shezadmalik.com/http://www.shezadmalik.com/http://www.shezadmalik.com/http://www.shezadmalik.com/888-210-9693 or in Fort Worth at 817-900-8439. If you have questions about a car accident, please fill out our contact for online for a free consultation.

The personal injury sage continues. As a Fort Worth Personal Injury attorney I am writing this blog to hopefully provide insight to my readers, about the law works with its byzantine rules and regulations.

The Law and its practical applications are murky at best and we as lawyers have developed our own rituals and our own special language. Because if we spoke in plain English, then it would not be special anymore.

In my last missive I detailed the week before an actual trial that we were getting ready to do on our slip and fall case. The case got continued. Now we are using this opportunity to continue in our siege of the defendants castle. We continue to press our charge and are unrelenting in our skirmishes.

The defendants strategy in every personal injury case, irrespective of the claim, is to first deny the claim, then to deflect the claim ie somebody elses fault and then finally to delay the case going to trial. They hope with this strategy with wear out the plaintiff and make the cost of litigation prohibitively expensive to continue.

This standard strategy is designed to sap the will of the opponent, to make the risk reward ratio tilt in their favor. This tactic may have traction in some quarters especially in the claim is weak or ill founded, but to us it is like waving a red flag to a bull. We are only spurred on, and I have a natural dislike for bullies, and that is what the defense are; bullies by any other name are still bullies, with their repeated denials and rejections of liability and fault.

In this particular instance, we have been at it for over 3 years. The defense is a stubborn lot, mangy and dogged in their delay tactics. We shall prevail, Justice will triumph in the end and the dark forces crushed.

Ultimately the defendants insurance is going to rein them in especially when they have spent more in defending this case than they could have settled it for. They are consumed by over reaching hubris and a lack of common sense. They will ultimately lose this account.

"Cry havoc and let slip the dogs of war."

And so it begins, twenty four hours from now, with a drop of the hammer and a cry of "Order, Court now in session," the battle banners would have unfurled with the sounds of trumpets.

As a Fort Worth Personal Injury Attorney, I would like to offer the following insights. As I mentioned in my last posting from the battlefront, we were due in court tomorrow to argue our slip and fall case which just got canceled and set for a new date.

The foul air would have been filled with the clanging of steel, the clashing of shields, the stench of panic and fear permeating the air to be supplemented with whiffs of gunpowder. My friends, this was no ordinary skirmish, but the accumulation of 3 years hard labor. But it was not to be...

My friends that is what a court room feels and sounds like, all shrouded in the fog of war and at the end of the day, one victor and the vanquished. Carnage and havoc for both.
Trials are no easy things and the plaintiffs all want their day in court. It is hard to then explain to them when you get a worse deal at trial that in settlement talks a year earlier.

In this particular battle, the decision to go to war was easy, we had no offers to settle or offers through mediation. Here, if we had failed to press our charge and we lost, what did we lose? We came with nothing and left with nothing. Then the next time the defense would know we spared no quarter, we yielded no ground, and we fought to the last man. Each man died a hero, with sword in hand, a bloody battle indeed.

In this battle dear readers, there are no prisoners.

Continue reading "Fort Worth Personal Injury Attorney Who Will Fight For You 817-900-8439" »

Like the knights and warriors of old, I was preparing this week for all out pitched battle. Is there no captain of Gondor who can come to our aid? Sadly not, we were alone in our campaign for justice.There was going to be a winner and a loser; a victor and vanquished.

A steady drum beat of war filled the air as each night I was hunched over the computer, being warmed by the pallid sickly glow of the screen, while I plotted and schemed our strategy. I reviewed the battle plans with my trusty squire (read associate) and we played out all the competing scenarios. We had been planning our siege and attack for the past 3 months. The defense was well funded, well armed and had countless minions to throw into battle.

Our slip and fall personal injury law suit was filed 3 years ago, and after all the twists and turns had finally come to trial. My 68 year old client had tripped and fallen while crossing a construction site that the company had done when they tore up her drive way. Her house and yard was surrounded by a chain link fence, which was not taken down. The construction site was not barricaded in, taped down or any caution cones placed around the site.

The defense resisted hard, denied all liability and offered no settlement, nothing at mediation and were trying to make us go the long distance. My client had incurred $450,000 in medical bills and had to undergo lumbar sacral surgery and extensive rehab.

My client had a doctor's appointment go to that morning when she fell. She had no alternative entrance or exit from her place. She had to cross the construction site, which was a drop off of 4-6 inches surrounded by wooden forms getting ready for concrete pouring. She tripped and she went down like a lead balloon, or a tree in the forest, depending on your penchant for metaphors.

We had survived 3 knock out/death sentence motions for summary judgment and countless other motions.

This week, we were poring over the trial exhibits, photographs, reading all the depositions and reviewed all the evidence. Earlier in the week we met the plaintiff and key witnesses for the final time, going over the trial and trial strategy. We had gathered and reviewed the multiple medical records and medical billing business affidavits.

The defense launched a fiercesome attack on our encampments, starting on the dawn of Monday morning. A lengthy volley of 3 motions by defense trebuchets came crashing down to instill fear and panic among the camp. We scrambled during the week to our return volley of opposing motions. We had 7 pre-trial motions to argue about on this Monday morning prior to choosing and seating the jury.

Then Thursday afternoon, a call from the court coordinator, our case was going to be canceled and rescheduled for February 2011, because the judge had a conference to go to...

So now, the pitch battle and storming of the castle will have to wait, but we shall persist and continue in the siege. We now will address and set up the 7 motions and force the defense to skirmishes.

Continue reading "Fort Worth Personal Injury Attorney 817-900-8439" »

Folks I am a man of simple tastes. When I woke up this morning I sat down with a steaming cup of java and opened up my lap top. I looked out over the back yard, the temperature was cool for Texas (70 F) and the sky was a deep blue...

Is it great to have a contemplative 3 days with the Labor Day Weekend? A great weekend for shopping and getting out and about and then as a result, more slip and falls.

As Dallas Fort Worth Slip and Fall attorney, I review and screen many slip and fall and trip and fall accident/personal injury claims. That reminds me, we have a case currently against a large and well known grocery store. My client is a 75 year old sprightly woman in otherwise good health. She went to the store to do her shopping but did not get very far. She tripped up on the entrance on the floor mats which were not taped down as per the store's policy and procedures.

Instead the mats were allowed to get buckled and frayed and my client tripped up, falling, breaking her hip and shoulder.

You know the rest of the story...the store will not do right by her, she had to retain an attorney and we are in litigation. She had a long hospital stay and extensive rehab and is now finally back on her feet.

We will keep you posted, dear readers of the progress in this case. The defendants have stated that they want to settle and mediate this case...

Continue reading "Dallas Fort Worth Slip and Fall Attorney 817-900-8439" »

Folks I am a man of simple tastes. When I woke up this morning I sat down with a steaming cup of java and opened up my lap top. I looked out over the back yard, the temperature was cool for Texas and the sky was a deep blue...

Is it great to have a contemplative 3 days with the Labor Day Weekend. A great weekend for shopping and then as a result more slip and falls.

That reminds me, we have a case currently against a large and well known grocery store. My client is a 75 year old sprightly woman in otherwise good health. She went to the store to do her shopping burt did not get very far, she tripped on the enterance over the floor mats which were not taped down as per the store's policy and procedures.

Instead they were allowed to get buckled and frayed and my client tiripped up, falling, breaking her hip and shoulder.

You know the rest of the story...the store will not do right by her, she has to retain an attorney and we are in litigation. She has had a long hospital stay and extensive rehab and is now finally back on her feet.

We will keep you posted dear readers of the progress in this case. The denfendants have stated that they want to settle and mediate this case...

Continue reading "Dallas Fort Worth Slip and Fall Attorney 817-900-8439" »

According to OSHA, 4,340 workers died on the job in 2009.

"With every one of these fatalities, the lives of a worker's family members were shattered and forever changed. We can't forget that fact."
-Hilda Solis, Secretary of Labor

Poorly Managed Construction Sites Are Dangerous.

Construction site injuries include:

* Falls
* Struck by falling object
* Struck by laterally moving object or equipment
* Impalement or penetrating injury
* Truck or other motor vehicle accident
* Electrocution
* Explosions
* Burns

Continue reading "Dallas Fort Worth Construction Sites Can Lead to Brain and Spinal Cord Injuries" »

I am proud of our work this week. We just settled another car accident injury claim. My client was minding his own business, one night in Dallas. Somebody plowed into him and rear ended him. The folks who hit him were drunk and tried to run. They were caught by an off duty apartment security guard.

Come to find out they were high as a kite and ready to fly.

Luckily for my client he had minor soft tissue injuries, but he had pre-existing neck problems including cervical neck fusion. Obviously we were concerned that he may have had neck injuries. But after medical evaluation he was cleared of major injuries.

We settled for insurance policy limits.

When you need to help after an injury or accident, you need to find the Dallas Fort Worth Texas personal injury lawyers.

We evaluate and accept cases all over Texas including Houston, Dallas, San Antonio car accidents, auto wrongful death cases, mesothelioma, burn injuries, Accutane side effect bowel disease, Paxil birth defects, brain injuries, 18 wheeler, semi truck, tractor trailer accidents, diesel truck or big rig accidents.

If you have been injured in an accident as a result of the negligence of others,
please call 817-900-8439, 888-210-9693 or Contact Me Online.

Companies controlled by Dallas Cowboys owner Jerry Jones have paid out about $10 million to the two employees seriously injured in the 2009 collapse of the team’s practice facility, according to their attorney.

The payments settle lawsuits the two brought against Cowboys Center Ltd. and Blue Star Development Co.; Cowboys Center owned the steel and fabric facility as well as the land on which it stood.

One victim was paralyzed from the waist down and the second suffered a broken vertebrae when the building collapsed in a wind storm on May 2, 2009. DANNY ROBBINS, AP, Houston Chronicle 08/31/2010
Read Article: Houston Chronicle

Continue reading "Two Settle in Personal Injury Accident at Dallas Cowboys Complex" »

The city of Los Angeles paid $7 million to settle a lawsuit brought by a volunteer for the Los Angeles Triathlon, who was left a paraplegic by an accident during the event in 2007, according to his attorney.

Steve Albala, who was 60 at the time of the accident, was on his motorcycle helping to officiate the bicycle portion of the triathlon. A traffic officer motioned for a vehicle to enter an intersection into the volunteer's path, causing the accident, Albala's attorney contended in the lawsuit.

Read the full story here at the LA Times.

Continue reading "L.A. Settles Accident Lawsuit for $7 M" »

A Chicago man injured on a mini-trampoline when he was an eighth-grade student at a South Side elementary school 18 years ago has settled a lawsuit with the Chicago Board of Education and a private youth center for almost $14.7 million, his attorneys said Thursday.

Ryan Murray, who was 13 at the time, was injured in a tumbling class on Dec. 14, 1992, at what was then Bryn Mawr Elementary School, the attorneys said. Murray, now 30, became a quadriplegic after he hit his head as he did a flip off a mini-trampoline onto a mat in the school's gymnasium, the attorneys said.

Read full story here at the Chicago Tribune

Continue reading "$14.7 M Settlement in Trampoline Lawsuit Against Chicago Board of Education" »

A jury has awarded a woman $23.4 million in a civil judgment against Ford Motor Co. for a 2007 freeway accident that left her a quadriplegic.

Cynthia Castillo lost control of her 1997 Ford Explorer when the tread separated from her left-rear tire as she drove on the freeway.

Her attorney, Brian Brandt, said the SUV veered off the freeway and rolled three times down an embankment, leaving her legs and most of her body paralyzed. Flaws in the vehicle's design caused it to lose control when the tire tread separates, Brandt said.

Read full story here.

Continue reading "Woman Gets $23.4M for Personal Injury Ford Crash" »

An Idaho Springs man was awarded $18.5 million for catastrophic injuries he suffered when a driver drunk on alcohol and high on marijuana left a mountain road and slammed into him as he was changing the oil on his wife's car in their driveway.

Clear Creek District Court Judge Granger assessed the award against the driver, Kevin Ruszkowski, 24; the owner of the Jeep, Randall Guy; and Guy's son, Justin Guy, 20, who had allowed Ruszkowski to drive the vehicle.

Paul Savage, 46, who was injured, was head waiter at the Alpenglow Stube at Keystone at the time.

Ruszkowski had no license because his driving privileges had either been suspended or revoked for prior driving misconduct.

Read more: http://www.denverpost.com/news/ci_14419648#ixzz0gN2hsQw2

Continue reading "Idaho Springs Man Awarded $18.5 M in DUI Case " »

Faced with an unprecedented recall of millions of vehicles and rivals swooping in on its customers, the public relations machine at Toyota Motor Corp -- one of the most savvy brand-creators in Asia -- is floundering.

Toyota has consistently played down recurring complaints of unintended acceleration, breaking what PR experts said is the cardinal rule in crisis management: assume the worst.

Read full article here.

Continue reading "Toyota Grapples With Huge Car Recall" »

Palo Alto has agreed to pay nearly $1.5 million to the victim of a 2006 vehicle crash involving a city worker who was using his cell phone while driving.

Silvio Obregon had asked the city for more than $5 million after the rear-end crash on Oregon Expressway left him with debilitating spinal injuries, according to court documents. He alleged that city worker Rubin Salas ran into him at a red light because he was reaching for his cell phone rather than watching the road.

Continue reading "Palo Alto Settles Cell Phone Crash Lawsuit for $1.5 M " »

Already on the hook for the lion's share of a $17.7 million judgment and waiting for a decision from a jury that was out considering punitive damages, Ford Motor Co. decided to settle with a couple who sued following a Christmas 2005 wreck that left the woman paralyzed.

The agreement came after a Clayton County, Ga., jury ordered Ford on Dec. 18 to pay more than $16 million of the judgment to compensate for what the plaintiffs argued were design defects in the 2002 Explorer sport utility vehicle in which the woman was a passenger.

Continue reading "Ford Settles Explorer Suit as Jury Considers Damages" »

A Santa Rosa winery has agreed to pay $3 million to settle a lawsuit brought by a Sebastopol man who was permanently disabled in an alcohol-related car crash in 2006.

Paradise Ridge Winery was sued by Joshua Apodaca, the passenger in a car driven by a 19-year-old classmate, Sean Bradley, who allegedly was served beer at a wedding reception hosted by the winery.

A crash early the next morning left Apodaca with a serious brain injury and his family sought damages from Paradise Ridge, Bradley and the owners of a Sebastopol 7-Eleven store where Bradley bought additional alcohol.

Continue reading "Santa Rosa Winery to pay $3 M to Teen Injured in DUI" »

The city has agreed to pay $300,000 to a man who was critically injured in July 2008 after being shocked with a Taser by Columbia police.

As part of a settlement agreement finalized last month, the city will pay $233,544.63 to Phillip Lee McDuffy and $66,455.37 to the Family Support Payment Center to cover McDuffy’s overdue child support payments, according to Sarah Perry, the city's risk manager.

Continue reading "Columbia City Reaches Settlement With Man Injured by Taser" »

A Lee County jury awarded $44.9 million to a Cape Coral man who was paralyzed in a 2006 motor vehicle accident.

The verdict, one of the largest in the county’s history, was awarded to Gerald Aloia. Aloia was riding on his motorcycle on Oct. 22, 2006, when he was struck by a Chevrolet Corvette driven by Deborah Veilleux. Veilleux, 45 at the time, died in 2007.

Continue reading "Florida Man Paralyzed in Motor Veicle Accident Awarded $44.9 M" »

A 33-year-old man who suffered brain and spinal injuries in July when a heavy limb fell from a tree in Central Park and struck him has sued the city and the Central Park Conservancy for negligence.

The man, Mr. Goldensohn, a computer scientist who works for Google, remains hospitalized from his injuries and has undergone several operations, said his lawyer, Nicholas Papain.

Continue reading "Man Hurt by Falling Tree Limb in NY Central Park " »

The Supreme Court has left in place an $82.6 million award to a woman who was paralyzed after her Ford Explorer rolled over.

The justices rejected Ford Motor Co.'s challenge to the portion of the award, $55 million, that was intended as punitive damages. Ford argued that it should not be punished because its design of the vehicle met federal safety standards.

A California state appeals court earlier rejected Ford's contention and upheld the award to Benetta Buell-Wilson.

Continue reading "Supreme Court Allows $82.6M Award in SUV Rollover" »

The state Supreme Court reinstated an $8 million default judgment against Hyundai Motor Co. in a lawsuit over the backward collapse of a front seat in a 1997 crash that left a man paralyzed.

In a 7-2 ruling, the high court reversed the Court of Appeals, which had overturned a trial court's finding for Jesse Magana of Vancouver.

The justices said the South Korean automaker deliberately withheld documentation from Magana's lawyers for too long concerning other crashes in which front seats collapsed backward.

"Trial courts need not tolerate deliberate and willful discovery abuse," wrote the majority. "This result appropriately compensates the other party, punishes Hyundai, and hopefully educates and deters others so inclined."

Continue reading "WA Supreme Court Reinstates $8M Award Against Hyundai" »

A Phillipsburg man was awarded nearly $6 million for injuries suffered when a large tree limb dropped onto their car in 2006.

Kenneth Matlock is permanently disabled and can no longer work as a truck driver, his career for more than 20 years.

On July 4, 2006 Matlock, his wife and three children were travelling on Route 29 when the limb from an oak tree, fell onto their car. Matlock and his wife suffered broken necks and he lost the use of his right hand after the limb fell from a height of about 20 feet. Kenneth Matlock, now 43, lost control of the SUV, which continued north 220 feet until hitting a guard rail on the opposite side of the road.

Continue reading "Jury Awards Man $6 M When a Tree Falls on his Car" »

A Richmond jury awarded a librarian at the Library of Virginia $8 M in damages, the amount sought by her lawyers after the woman was struck by a GRTC Transit System bus and severely injured.

Meikiu Lo, now 34, suffered spinal and shoulder damage and multiple hip and pelvis fractures that resulted in chronic pain after a GRTC bus making a right turn struck her as she crossed the street beside the library.

She had waited on the sidewalk and was two-thirds of the way across the street when the bus, struck her, according to her attorney.

Continue reading "Jury Awards $8 M to Woman Injured by City Bus " »

A Dallas Cowboys scouting assistant who was left paralyzed and a special-teams coach whose neck was broken in the May 2 collapse of the team’s practice facility in Irving filed separate lawsuits against the Pennsylvania-based company that built the structure.

The lawsuits, which also name an engineer and five other companies involved in construction and maintenance of the facility, contend that structural problems and code violations were kept from the team for years before the tentlike structure collapsed in gusting winds.

Rich Behm, who was paralyzed from the waist down, and coach Joe DeCamillis are seeking an undisclosed amount for their pain and suffering and for punitive damages.

Continue reading "Dallas Cowboys Staffers File Lawsuits Over Sport Facility Collapse" »

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.

Continue reading "Mis Diagnosis of Epidural Abscess Leads to Paralysis" »

On June 26, 2007, at about 5:30 p.m., plaintiff Brian Moore, 19, a college student, hit a tree after he lost control of his sedan heading east on Peach Road in Fairfield County, South Carolina.

Moore alleged that he saw a clump of mud near the road's shoulder and tried to avoid it, but he couldn't, causing him to spin out of control and force him off the road. He was able to return to the road but overcorrected the vehicle which then yawed (when the vehicle's wheels are turned but the vehicle is also sliding sideways) 180 degrees and swerved through the oncoming lane and crashed into a tree with the passenger rear corner panel. Moore was paralyzed in the crash.

The road was being widened--2-foot paved shoulders were being added--and resurfaced by Boggs Paving Inc. under a contract with the state Department of Transportation. Boggs was putting down dirt that day to dress the shoulders, but the work was interrupted by a summer thunderstorm. Moore claimed that the road was contaminated with mud that had washed from the shoulders which resulted in his losing control of his vehicle.

Continue reading "Mud on Road Caused Car Crash, Paralyzing Driver" »

A paralyzed father of three plans to move from a nursing facility back home with his family after winning a $19.2 million negligence award against Montefiore Medical Center earlier this month.

Wilfredo Figueroa, 58, was working as a radiology technician on Sept. 22, 2004, when he was admitted to Montefiore, complaining of severe back pain.

The Bronx hospital's staff failed to diagnose a spinal abscess- an infection on his spinal cord - which rapidly led to his permanent paralysis, according to lawyer Edward Bithorn and court documents.

Continue reading "Montefiore Hospital to pay $19.2 M for Medical Malpractice" »

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 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.

Continue reading "Jury: Home Depot Liable for $1.5 M in Accident" »

An Oakland musician who was made a quadriplegic in a rollover crash four years ago won an $18.3 million verdict against Ford Motor Co. in federal court.

Dax Pierson, 38, suffered severe spinal injuries when a Ford passenger van that the band was traveling in ran off an icy highway in Iowa and rolled over in a ditch on Feb. 24, 2005.

Pierson sued Ford for creating a defective seat-latching mechanism that caused his seat to come loose, resulting in his head hitting the roof of the rolled-over van.

The $18.3 million jury award came after three weeks of trial in the court of U.S. District Judge Phyllis Hamilton. It includes $12.3 million for past and future medical expenses and lost earnings plus $6 million for pain and suffering.

Continue reading "Quadriplegic Musician Wins $18 M Verdict Against Ford Motor Co." »

A Chinese woman who fell out of a moving Disneyland tram and suffered injuries that left her needing 24-hour medical supervision for the rest of her life has reached a settlement in a lawsuit she filed against the Walt Disney Co.

Lawyers for Qi Zhao and Disney reached the agreement, bringing a two-week trial in Los Angeles County Superior Court to an abrupt end.

Details of the accord were not released.

Zhao, 48, filed her suit in 2007, alleging the tram driver was going too fast. She was riding the tram with two sisters and a niece. According to the complaint, one of the sisters fell from the King tram as it moved toward a parking lot.

Reacting to the fall, the other two sisters also fell out. One suffered minor injuries and Zhao hit her head on the pavement, suffering severe traumatic brain injuries and skull fractures and was in a coma for three weeks.

Continue reading "Disney and Tram-Injured Woman Reach Settlement" »

A Los Angeles judge has ordered automaker Jaguar Land Rover to pay $21.1 million to a Simi Valley man who was paralyzed in 2003 when his Land Rover Discovery sport utility vehicle rolled over several times after a collision on the 118 Freeway.

L.A. County Superior Court Judge Robert H. O'Brien cited two key reasons for his decision: The vehicle's high center of gravity made it susceptible to rolling over, and its roof collapsed too easily, causing Sukhsagar Pannu to suffer a debilitating spinal cord injury.

Continue reading "Land Rover Maker Ordered to Pay $21.1 M in Rollover Case" »

A young Connecticut man who was paralyzed from the chest down in 2002 while pole vaulting at Southern Connecticut State University has won $6.4 million in damages from the Connecticut affiliate of USA Track and Field.

Brandon White, 25, won the civil lawsuit from a six-member New Haven Superior Court jury.

Continue reading "Paralyzed Pole Vaulter Wins Lawsuit" »

It has been a year since Lauren Chang collapsed during a cheerleading competition and died, leaving behind her smiling portrait as a grim testament to the dangers of her sport.

That tragedy, as well as another death and a serious injury suffered by cheerleaders in recent years, has placed Massachusetts in a pivotal point in the crusade to make cheerleading safer.

Last fall, the mother of Ashley Burns, a Medford 14-year-old who died in a 2005 cheerleading accident, filed a lawsuit in her death. In addition to seeking damages, Ruth Burns is also asking a judge to force national groups that sanction cheerleading competitions and oversee the sport to adopt more stringent safety rules.

Continue reading "Raising Alarm at Cheerleading's Dangers" »

A judge has awarded $45 million in damages to a San Mateo woman who was paralyzed when a wrecking and demolition company's truck ran a red light and hit her car.

Tricia Roth, now 41, a former software developer for Microsoft Corp., suffered a broken neck and spinal injuries in the September 2006 accident, according to her lawyer. Her doctors said she requires full-time attendant care and will never walk again.

The driver, Roman Pantoja, failed to see the light on East Hillsdale Boulevard in San Mateo near Highway 101 and admitted that he was at fault, according to a court hearing.

Superior Court Judge awarded damages against Pantoja and his employer, Division 1 All Service.

A former Seattle High School wrestler who was paralyzed at a practice two years ago was awarded $15 million in a settlement with Seattle Public Schools.

Mac Clay, then a senior, was at wrestling practice in the school cafeteria when he was driven backward into two wrestlers going in the opposite direction. The accident left him with limited use of his arms and no movement in his fingers and triceps, according to his attorney.

At the time, 13 wrestling team members were practicing using one mat on the concrete floor, although there were extra mats nearby, his attorneys said.

"They didn't follow the normal safety rules," said one of Clay's lawyers, Jack Connelly. "The coaches weren't certified and hadn't attended safety classes required" by the Washington Interscholastic Activities Association.

Continue reading "Paralyzed Seattle Wrestler And School Settle" »

On Aug. 20, 2008 a jury awarded nearly $2 million to a man who sustained a lumbar compression burst fracture in a collision with a Federal Express delivery truck.

James Hughes was a passenger in a car going through an intersection when he was struck by the FedEx vehicle.

Hughes' injury is located at the L1 disk, and it will required fusion surgery. He claimed he's in constant pain and he's prevented from performing actions more strenuous than walking for brief periods.

He also claimed his injury forced him to close his business.

The defense argued that a traffic signal malfunction caused the accident, but the jury found FedEx 100 percent liable.

Hughes v. Federal Express Ground Packages System, No. 2:07-cv-00286-CE

Court: U.S. District Court for the Eastern District of Texas, Marshall

High school cheerleading is a contact sport and therefore its participants cannot be sued for accidentally causing injuries, according to the Wisconsin Supreme Court.

The court ruled that a former high school cheerleader cannot sue a teammate who failed to stop her fall while she was practicing a stunt. The court also said the injured cheerleader cannot sue her school district.

The National Cheer Safety Foundation said the decision is the first of its kind in the nation.

At issue in the case was whether cheerleaders qualify for immunity under a Wisconsin law that prevents participants in contact sports from suing each other for unintentional injuries.

Continue reading "Wisconsin Ruling Limits Cheerleader Injury Suits" »

On Dec. 4, 2008, a jury awarded $49,098 to a mother and two children injured in a rear-end collision in Dallas.

In 2004, Silvia Dominguez and her children Teresita and Erick Hernandez were passengers in a vehicle struck from behind by a van driven by Raul Romero and owned by Champ Transportation Services.

Dominguez sustained back injuries and underwent chiropractic treatment, a diskogram and disk resection at L4-5. However, she claimed her pain still persists and she may need a lumbar fusion in the future.

The children also had minor injuries and were treated at the emergency room after the crash.

The defendants admitted liability but argued Dominguez's back problems were due to her job as a warehouse worker and disputed the need for future treatment.

Dominguez v. Romero, No. DC-06-03870

Court: 160th District Court, Dallas County

CA lawmakers are planning to introduce legislation that would offer greater legal protections to Good Samaritans in light of a recent California Supreme Court decision.

Legislators have introduced three bills to address Van Horn v. Watson, 08 C.D.O.S. 15199, which held that a state statute only shields rescuers from liability if they provide medical care in an emergency situation. The ruling puts at risk aid-givers who inadvertently hurt victims while removing them from a burning building or other potentially dangerous scenarios.

Continue reading "California to Rescue Good Samaritans " »

On Sept. 24, a jury rejected a family's claim that its elderly patriarch died as a result of injuries sustained when he fell at a Family Dollar Store.

The family of Warren Tiner, 84, alleged he was shopping at the Tyler store when he tripped over a box left out in an aisle.

Complaining of back pain, he checked into a hospital eight days after the September 2006 incident. His condition worsened, and he developed other health issues, including pneumonia, heart problems and eventually paralysis from spinal cord compression.

Tiner's family claimed his death in July 2008 was related to injuries from the fall. Family Dollar denied that a box was in the aisle and contended that even if it were, Tiner should have seen and avoided it.

The defense also argued that Tiner suffered from chronic health problems prior to the incident.

Tiner v. Family Dollar Stores of Texas L.P., No. 07-1759-C

Court: 241st District Court, Smith County

On Oct. 1, a jury found that neither party was to blame for a collision that resulted in neck and back injuries for one driver.

In 2004, Christy Chaney's car was struck by a vehicle driven by Alan Sunberg as both drivers were traveling in opposite directions on Hwy. 190 near Heidenheimer, Texas.

Chaney alleged Sunberg caused the crash when he entered her lane as he attempted to maneuver around a truck that was turning left in front of him.

She said the injuries she sustained required three months of chiropractic treatment. She also claimed experiencing headaches and that an MRI showed possible bursitis from the jarring impact, but she has not received any further treatment.

She sought $75,000 in damages. Sunberg argued that he had to go into Chaney's lane to avoid hitting the truck.

Chaney v. Sunberg, No. 219-964-B

Court: 146th District Court, Bell County

Medical device maker Medtronic Inc. said it did not encourage the unapproved use of its spinal implant, which a new lawsuit is blaming for the death of a California woman.

The lawsuit, filed by the woman's family in Los Angeles, said her death was caused by use of the Infuse spinal graft in her neck. The device is approved only for use in lower-back surgery and some oral and dental procedures.

The woman's surgery took place in August, a month after the Food and Drug Administration warned that use of Infuse for neck surgeries had led to problems swallowing, breathing and speaking.

Continue reading "Medtronic Lawsuit Over Spinal Implant" »

According to the National Spinal Cord Injury Association, as many as 450,000 people in the United States are living with a spinal cord injury (SCI). Every year, an estimated 11,000 SCIs occur in the United States. Most of these are caused by trauma to the vertebral column, thereby affecting the spinal cord's ability to send and receive messages from the brain to the body's systems that control sensory, motor and autonomic function below the level of injury.

According to the Centers for Diseases Control and Prevention (CDC), SCI costs the nation an estimated $9.7 billion each year. Pressure sores alone, a common secondary condition among people with SCI, cost an estimated $1.2 billion.

Continue reading "Spinal Cord Injury Information" »