Dallas Fort Worth Injury Lawyer Blog

October 27, 2009

Philip Morris Has to Fund Medical Monitoring Tests for Smokers

The state’s high court said that cigarette maker Philip Morris USA may have to pay for diagnostic chest exams so smokers can get early warning they have developed lung cancer, possibly opening a new front in tobacco liability lawsuits.

In a unanimous ruling, the Supreme Judicial Court said Massachusetts law has an antiquated definition of negligence. Historically, plaintiffs had to show explicit injury, such as a broken leg, before the other party can be ordered to pay for diagnostic tests.

Writing for the court, Justice Spina said that such legal thinking must change. “We must adapt to the growing recognition that exposure to toxic substances and radiation may cause substantial injury, which should be compensable, even if the full effects are not immediately apparent,’’ he wrote.

October 27, 2009

More Suits Against Bayer Corporation on Behalf of Victims of the Yaz Birth Control Pill

by Dr. Shezad Malik

Two more lawsuits on behalf of young women injured by the Yaz birth control pill. Yaz, as well as its precursor, Yasmin, have been associated with life-threatening cardiac events in some women, including heart attacks, blood clots and strokes. Both lawsuits were filed in the United States District Court for the Southern District of New York (Docket Nos. 09-CIV-8931 and 09-CIV-8843).

The Yaz lawsuits were filed on behalf of Judith M. Woodall and Tasha Marcell. The complaints allege that both women sustained severe and permanent personal injuries, pain, suffering, and emotional distress as a result of their use of Yaz. More specifically, according to her lawsuit, Ms. Woodall, a resident of Tennessee, first began using Yaz in approximately November 2008. That same month, she suffered a saddle pulmonary embolus and deep vein thrombosis.

Ms. Marcell, a resident of Georgia, began taking Yaz in October 2007. She also suffered a pulmonary embolism and deep vein thrombosis shortly after she began using the medication.

October 26, 2009

Toyota’s runaway-car worries may not stop at floor mats

by Dr. Shezad Malik

A fatal accident in San Diego raises the question: Might a vehicle’s complex electronic features make it hard for drivers to react quickly when accelerating out of control?
The 2009 Lexus ES 350 shot through suburban San Diego like a runaway missile, weaving at 120 miles an hour through rush hour freeway traffic as flames flashed from under the car.

At the wheel, veteran California Highway Patrol Officer Mark Saylor desperately tried to control the 272-horsepower engine that was roaring at full throttle as his wife, teenage daughter and brother-in-law were gripped by fear.

“We’re in trouble. . . . There’s no brakes,” Saylor’s brother-in-law Chris Lastrella told a police dispatcher over a cellphone. Moments later, frantic shrieks filled the car as it slammed into another vehicle and then careened into a dirt embankment, killing all four aboard.

October 26, 2009

Illinois Supreme Court Rules Doctors Owed no Duty to Nonpatient

by Dr. Shezad Malik

A recent Illinois Supreme Court ruling is a victory for patient-physician confidentiality and protects doctors from unwarranted liability exposure, according to physicians.

On Sept. 24, the Illinois Supreme Court ruled that a group of physicians and other health care professionals did not have a duty to prevent the murder of the wife of a mentally ill patient they treated.

October 25, 2009

Nurse Alleges Dangerous Yaz Birth Control Drug “Altered My Life”

by Dr. Shezad Malik

Candice Atkinson filed a personal injury lawsuit against Bayer Corporation and Bayer Healthcare Pharmaceuticals, Inc., for severe side effects from the prescription birth control drug Yaz, manufactured and marketed by Bayer. The complaint was filed in the Superior Court of New Jersey, where Bayer Healthcare Pharmaceuticals, Inc., is located.

Candice Atkinson was prescribed Yaz to treat acne skin condition, and the South Carolinian developed life-threatening blood clots and other serious side effects

October 25, 2009

$14 M Settlement in Wrongful Death Case From EMS Copter Crash

by Dr. Shezad Malik

A $14M settlement has been reached with family members of a flight nurse and a paramedic who died last year when an emergency medical services helicopter crashed into the Laguna Madre, Texas.

The settlement resolves a lawsuit that family members of Raul Garcia, 40, and Michael Sanchez, 39, filed against Metro Aviation Inc., the company that operated the Eurocopter AS350, and South Texas Emergency Care Foundation.

October 24, 2009

U.S. to Press China on Drywall Litigation

by Dr. Shezad Malik

The chairman of the Consumer Product Safety Commission said she would ask China to help pay for the billions of dollars in damage to U.S. homes blamed on Chinese-made drywall.

“I will find out if any discussions are going on in China about the costs, are they prepared to participate in providing funds, and what would it take for that to occur,” CPSC Chairman Inez Tenenbaum said ahead of a trip to China next week for a biennial U.S.-China consumer product safety summit.

October 23, 2009

Jury Awards $13.5 M in Product Liability Faulty-Fan Death

by Dr. Shezad Malik

A Philadelphia jury has issued a $13.5 million verdict against Lasko Products Inc., a West Chester fan manufacturer, after a defective fan motor sparked a 2005 house fire in Mount Airy that killed a 7-year-old boy.

The award was issued after a 13-day trial in the death of Joshua Foster, who was killed on June 14, 2005, when a fan in his mother’s bedroom triggered a blaze in the home. The child died of burns and smoke inhalation.

The fire was caused by a faulty Chinese-made motor in the portable fan, built in 2000, and the defect in the model was discovered in 1999.

October 22, 2009

BNSF Railroad’s Penalty of $25.6 M for Trial Misconduct

by Dr. Shezad Malik

Burlington Northern Santa Fe Corp. engaged in a “staggering” pattern of misconduct aimed at covering up its role in the deaths of four young people whose car collided with a train largely because a crossing gate wasn’t working properly.

To punish the railroad, which allegedly began destroying evidence within minutes of the 2003 accident, Judge Maas awarded $4 million to the victims’ families and their attorneys. The award comes on top of $21.6 million from a jury that placed 90 percent of the blame for the accident on Burlington Northern.

“When encountering conduct as egregious as that of BNSF, this court … has a duty to impose sanctions of a sufficient severity in order to deter future misconduct of the same caliber,” Maas ruled.

October 21, 2009

Trial Set in Wrongful Death of Wal-Mart Slip and Fall

by Dr. Shezad Malik

A trial date has been set in the case against Wal-Mart in the death of a Chadron, Neb., woman.

David Lehman sued the corporation shortly after his wife, Julie, died after falling in the Chadron store. The case, filed in Dawes County District Court was removed to the U.S. District Court, which has scheduled a trial for Feb. 16.

Julie Lehman was in Wal-Mart July 21 with her son, Steffan, 17, when she slipped on a wet floor in the automotive cleaning products aisle on her way to the restroom. Julie received her initial diagnosis and treatment at the Chadron Community Hospital before being flown to Rapid City Regional to have a massive blood clot in her brain surgically removed. Julie never woke up after surgery and died July 27.