Dallas Fort Worth Injury Lawyer Blog

July 22, 2009

Missouri Hog Farm Lawsuit Settled for $1.1 M

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.”

July 22, 2009

Avandia Class Action Lawsuits and Increased Risk of Strokes

by Dr. Shezad Malik

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.

July 21, 2009

Texas Jury Awards $9.6 M to Worker Injured in Industrial Accident

by Dr. Shezad Malik

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.

July 20, 2009

Defective Drug: Nuvaring Lawsuits and Increased Risk of Stroke

by Dr. Shezad Malik

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.

July 20, 2009

Chantix Diabetes Side Effects and Lawsuits

by Dr. Shezad Malik

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.

July 20, 2009

Fleet Phospho-soda and Acute Phosphate Nephropathy Lawsuits

by Dr. Shezad Malik

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.

July 20, 2009

Texas Nurses Face Charges After Filing TMB Complaint

by Dr. Shezad Malik

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.

July 19, 2009

Zicam Lawsuits and the FDA Complaint

by Dr. Shezad Malik

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.

July 18, 2009

Zicam Matrixx Initiatives, Inc. Investor Class Action Lawsuit

by Dr. Shezad Malik

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.

July 17, 2009

Accutane Lawsuits and Litigation

by Dr. Shezad Malik

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