Dallas Fort Worth Injury Lawyer Blog

August 14, 2009

Defective Product Chinese Drywall Cases on ‘Rocket Docket’

With thousands of homeowners claiming their houses and health are deteriorating from sulfur-emitting Chinese drywall, a federal judge in New Orleans is intent on fast-tracking a handful of cases for trial, attorneys say.

The first of these bellwether lawsuits could be tried by the end of the year, a timetable that encourages homeowners to think settlement. In contrast, drywall maker and defendant Knauf Plasterboard Tianjin welcomes home inspections and is investigating “practical solutions” but denies any health effects from its drywall.

About 600 tainted Chinese drywall lawsuits have been consolidated in multidistrict litigation under U.S. District Judge Eldon E. Fallon for pretrial issues. With the help of plaintiff and defense steering committees, Fallon will select five cases to test the waters.

“He is moving extremely fast, which is the right thing because people are living in homes that are toxic to them,” said Victor Diaz, a partner at Podhurst Orseck in Miami and a member of the MDL plaintiff steering committee.

August 14, 2009

New Study: Birth Control Medications and Risk of Blood Clots

by Dr. Shezad Malik

More than 100 million women use the oral contraceptive pill worldwide. Many types of pill are available and the choice of which one to use is important to the women who use them and their doctors. Two linked studies assess the risk of venous thromboembolism in women taking the combined oral contraceptive.

All oral contraceptives are effective in preventing pregnancy if they are taken correctly, so the choice of which one to use rests on the profile of side effects.

Venous thromboembolism is one of the most serious side effects, and although it is rare, it can cause death (in about 1-2% of all cases of venous thromboembolism in women taking the pill).

New research suggests that many women do not use the safest available types of oral contraceptives, with many of the most popular birth control pills, such as Yaz and Yasmin, carrying a higher risk of blood clots.

The study, published today in the British Medical Journal, found that oral contraceptives containing desogestrel, cyproterone acetate or drospirenone were up to twice as likely to cause blood clots in women as birth control pills containing levonorgestrel and low doses of estrogen.

The study found that switching to the safer forms of birth control, like Bayer AG’s Microgynon 30 that contains levonorgestrel, reduced health risks while keeping the same level of pregnancy prevention.

August 13, 2009

Routine Complication From Surgery Wrongful Death Lawsuit Filed

by Dr. Shezad Malik

A hospital patient suffers excruciating pain from what turns out to be a routine complication from elective surgery.

As her condition deteriorates, she and her family plead to see the doctor. But no doctor examines her until the next morning, when she goes into shock, is rushed into intensive care and dies.

Then, after her death, the hospital deletes portions of the woman’s medical file in what the woman’s family says is an attempt to cover up its horrendous mistakes.

August 13, 2009

Merck Faces First Trial of Claim That Fosamax Attacks Jawbone

by Dr. Shezad Malik

Merck & Co., the drugmaker facing 900 lawsuits over claims that its osteoporosis drug Fosamax causes the death of jawbone tissue, goes to trial tomorrow in a case that may affect all the others.

The trial in New York of the first case of the group, filed by Shirley Boles, 71, will be one of three so-called bellwether cases that may point the way to out-of-court settlements.

August 13, 2009

Hydroxycut Update: Defective Drugs and Lawsuits

by Dr. Shezad Malik

Hydroxycut is a nutritional supplement manufactured and marketed by Iovate Health Sciences Inc., that claims to help consumers lose weight. “An estimated 15% of the US population uses dietary supplements for weight loss, and Hydroxycut is the top selling product in this class and market, with roughly a million units sold per year.”

Its efficacy is considered questionable. On May 1, 2009, the U.S. Food and Drug Administration (FDA) issued a warning after some Hydroxycut products were linked to liver damage, rhabdomyolysis, and at least one death. The manufacturer then recalled the products.

August 12, 2009

Speedy Chinese Drywall Litigation Given Thumbs up

by Dr. Shezad Malik

As investigators with the Consumer Product Safety Commission prepared for a visit to China next week to look into tainted drywall, the federal judge overseeing the massive basket of legal cases reiterated his plan to speed the proceedings along.

In a report to Congress, the federal agency — leading the investigation into Chinese drywall — said it had received permission from Chinese officials for the trip, scheduled to begin on Monday.

Meanwhile, Judge Eldon E. Fallon, who plans to begin “bellwether” trials in January, told both sides during a status conference in New Orleans on Tuesday that he expected discovery to begin in a few weeks.

The process will be sped along by the use of “profile forms” rather than traditional interrogatories that can get mired in procedural delays.

Fallon also said he wanted an agreed-upon plan for inspecting and identifying affected homes by Friday. The inspections should determine whether a home had Chinese drywall and, if so, what kind of damage was present, Fallon said.

August 12, 2009

University Settles Lawsuit Brought by Students’ Families for $500 K

by Dr. Shezad Malik

The University of Utah has settled a lawsuit brought by the families of seven Chinese scholars killed in a 2003 van rollover, cutting short a two-week trial in a Salt Lake City courtroom.

State officials agreed to pay the plaintiffs, who include three men injured in the crash, nearly $500,000, just under a ceiling above which any settlement would require legislative approval. The U.’s offer came Thursday after the victims’ widows testified, leaving the jury in tears.

When the U. agreed to host the Chinese delegation in 2002, the school assumed responsibility for arranging the scholars’ travel within the U.S., court records indicate. Attorneys for the families alleged the university acted negligently by contracting with an unlicensed travel business in New York, which in turn hired a driver unqualified to pilot the oversized van that plunged off a snow-covered Pennsylvania highway and folded against a tree.

Coupled with a settlement from the van owner’s insurer, Friday’s settlement means the 10 families split $800,000.

August 11, 2009

Hospital Staff Wrongly Declared Infant Dead Malpractice Claim Filed

by Dr. Shezad Malik

A WV Kanawha County couple say both they and their newborn baby were traumatized permanently when staff at a Charleston hospital informed them the baby died only to later discover he was in fact alive.

Charleston Area Medical Center, Pediatrix Medical Group and Dr. Davangere M. Jayaram are named as co-defendants in medical malpractice suit filed by Carmela and Joseph Newhouse of Elkview. In their complaint filed July 28 in Kanawha Circuit Court, the Newhouses allege Jayaram, and staff from Pediatrix and CAMC misinformed them of the death of their son, Camren, who is now permanently injured after his premature removal from life-support systems.

August 11, 2009

Merck Faces Product Liablity Claim That Fosamax Attacks Jawbone

by Dr. Shezad Malik

Merck & Co., the drugmaker facing 900 lawsuits over claims that its osteoporosis drug Fosamax causes the death of jawbone tissue, goes to trial tomorrow in a case that may affect all the others.

The trial in New York of the first case of the group, filed by Shirley Boles, 71, will be one of three so-called bellwether cases that may point the way to out-of-court settlements.

“In mass litigation, all eyes are on the first trial, not only because it shows the strategy of each side, but also because it’s the first information about how jurors respond to the evidence,” said Howard Erichson, a law professor at Fordham University in New York and an expert on civil procedure.

August 10, 2009

Prescription Drugs and Defective Drug Side Effects

by Dr. Shezad Malik

The side effects known to be caused by such prescription drugs as Accutane, Byetta, Chantix, Digitek, Fentanyl patches, Heparin, Nuvaring, Paxil, Levaquin Yaz/Yasmin and Ortho Evra just to name a few, were repeatedly covered up instead of having FDA approval.

If you or someone you know is taking or has taken prescription drugs in the past, and have experienced serious side effects from them, you should report a side effect to the FDA, CLICK HERE FOR MORE INFORMATION.