Shezad Malik Law Firm Dr Shezad Malik Law Firm has offices based in Fort Worth and Dallas and represents people who have suffered catastrophic and serious personal injuries including wrongful death, caused by the negligence or recklessness of others. We specialize in Personal Injury trial litigation and focus our energy and efforts on those we represent.

Articles Posted in Traumatic Brain Injury

As a Medical Device Product Liability attorney and board certified medical doctor, I am providing this important update regarding Cochlear Implants. Cochlear Ltd., the world’s biggest maker of hearing implants, an Australian company, recalled its latest range of devices after a recent, unexplained increase in failures.

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The voluntary recall of the Nucleus CI500 implants, which Cochlear says are the slimmest titanium hearing implants available, will affect many patients.

The company said it identified an increase in the number of Nucleus CI512 implants failing in recent weeks. Chief Executive Chris Roberts said the company has stopped manufacturing the Nucleus CI500 line, which made up 70% of the company’s sales of implant units for fiscal 2011. Cochlear has about 65% of the global hearing-implant market.

As a Texas medical doctor and Medical Malpractice attorney, I am providing this case law update and commentary.

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As part of Texas’s tort reform laws, enacted by the Texas legislature in 2003, one of the requirements in order to file a medical malpractice claim, was the furnishing of a medical expert’s report within 120 days of filing the lawsuit.The 5th District Court of Appeals says that the legislation serves the state’s interest in preventing frivolous medical liability lawsuits and related health care system costs. This medical expert report requirement is also known as the Texas’ certificate-of-merit law, and is similar to many other states’ medical malpractice reform.

Recently Texas’ certificate-of-merit law passed another constitutional challenge after the 5th District Court of Appeals validated the requirement for plaintiffs to file an expert report demonstrating the merits of a medical liability case.

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.

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Car accidents in the Dallas Fort 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.

Botox-maker Allergan Inc. was ordered by a federal court jury to pay $212 million to a Virginia man who alleged that use of the drug left him severely disabled.

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The verdict awarded Douglas Ray, 67, $12M in compensatory damages and $200M in punitive damages. Ray was injected with the drug in 2007 to treat hand tremors. Ray suffered brain damage and now requires round-the-clock care. The suit, filed a VA federal court alleged that Allergan failed to adequately warn about the potential risks of Botox for off-label use.

Even if the decision by the jury is upheld, Allergan might have to pay only a small fraction of the penalty.Allergan said that Virginia state law caps punitive damages at $350,000. In September, Allergan agreed to pay the federal government $600 million to settle civil and criminal allegations that it illegally marketed and sold the drug through 2005 for unapproved uses, such as treating headaches.

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.

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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.

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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.

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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.

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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.

As a Fort Worth car accident attorney I am proud to relay this Texas jury verdict involving a bus accident.

An El Paso jury ordered a local Texas bus company to pay more than $132 million to the victims of a 2005 Colorado deadly crash.

The jury found that the van had bald tires and no safety belts. Two people died, and several others were severely injured in the crash. After a four-day trial, the judgment was reached against Los Paisanos bus lines and its owner, Uriel Chavira.

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

As a Fort Worth Truck accident attorney, I would to share my thoughts about the causes of truck accidents and injuries.

There are many causes of Trucking Accidents, most common include Driver Fatigue, and Mechanical Failure involving the cars and trucks.

Deadly Trucking accidents can result from driver fatigue, inclement weather or road conditions, and vehicle failure.

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