Dallas Fort Worth Injury Lawyer Blog

June 29, 2009

Home Depot Product Liability Suits Advances

A federal judge in Atlanta is permitting dozens of product liability suits against Home Depot and the makers of a tile grout cleaner to proceed to trial on negligence claims, but he has stripped away other claims that sought damages for violating federal consumer product safety laws.

Ten of those suits, filed by an Atlanta attorney on behalf of Home Depot customers who were hospitalized after using Tile Perfect Stand ‘N Seal Spray-On Grout Cleaner, are among approximately 50 suits that have settled, according to a Home Depot attorney. The settlements are confidential, said Frank A. Ilardi of Houck, Ilardi & Regas, who shared lead counsel duties with Texas attorney William J. Maiberger Jr. until Ilardi negotiated the settlements.

June 28, 2009

N.J. Crash Victim Caught in County-Insurer Lawsuits

by Dr. Shezad Malik

Nicholas Anderson should be a multimillionaire.

Instead, he is penniless – and in need of medical treatment he can’t afford.

On Dec. 23, 2004, Anderson was driving home when a tire caught on a six-inch lip on the roadside and he lost control of his car. The car crashed into a guardrail, which impaled the vehicle, severing Anderson’s left leg and nearly severing his left arm. He was 18.

He sued Camden County, and last year a jury awarded him $31 million, finding that the county-maintained road was dangerous because of the drop in elevation between the road and shoulder, and because of the guardrail’s design.

“I’m in pain every day,” Anderson said.

June 27, 2009

Starbucks Pays $120,000 to Settle Racial Discrimination Lawsuit

by Dr. Shezad Malik

Starbucks agreed to pay a former lead network engineer in Seattle $120,000 plus a mediator’s fee to settle a lawsuit that alleges racial discrimination and retaliation “so severe that it required him to take a medical leave of absence.”

Victor Washington, who is African-American and worked for Starbucks from September 2006 until May 2008, alleges in the July 2008 lawsuit that a white co-worker made racist comments to him such as repeatedly telling him to “fetch” the co-worker’s umbrella and tie his shoes for him. In the lawsuit, Washington says he complained to his supervisor and to Starbucks’ human resources department, and that they took no action, although the supervisor increased his workload and gave him undesirable assignments.

June 27, 2009

Zicam and Shareholder Litigation Begins

by Dr. Shezad Malik

There is a big mess at Matrixx Initiatives, a Scottsdale, Ariz., maker of over-the-counter health care products. Best-known for its homeopathic Zicam Cold Remedy offerings, Matrixx hit a rough patch on June 16, when the Food and Drug Administration advised consumers to stop using two of its popular remedies.

The F.D.A. said that it had received more than 130 reports of anosmia — or loss of smell — from users of the products and that more than 800 such reports had been delivered to Matrixx. The agency told Matrixx that Zicam Cold Remedy Nasal Gel and the same treatment in swab form could no longer be marketed without government approval.

June 26, 2009

Florida Court Awards Paralyzed Trucker $14.6 M

by Dr. Shezad Malik

A Broward Circuit Court judge has ordered an insurance company to pay a paralyzed truck driver $14.6 million because of a 2007 accident.

Derry Brown Jr. of Pahokee was hauling a load of sugar in an 18-wheeler when a driver ran a stop sign, cutting him off on May 31, 2007. Brown, 64, swerved out of the way, and his truck overturned on State Road 80, just east of Lion Country Safari in Palm Beach County.

The accident cost Brown the use of his arms and legs and left him with mounting medical bills. If Brown had not swerved, the other driver would have died, Brown’s attorney, Robert Kelley, told the court.

June 26, 2009

Roche Pulls Accutane Off Market After Jury Verdicts

by Dr. Shezad Malik

Roche Holding AG, the world’s biggest maker of cancer drugs, is pulling its Accutane acne medicine from the U.S. market after juries awarded at least $33 million in damages to users who blamed the drug for bowel disease.

Roche notified the U.S. Food and Drug Administration today that it was withdrawing Accutane after a “reevaluation” of its product lines showed it faced serious challenges from generic competitors, company officials said in a statement.

“In addition, Roche has been faced with high costs from personal-injury lawsuits that the company continues to defend vigorously,” according to the statement.

June 26, 2009

Caraco Digoxin Manufacturer Raided by Federal Agents

by Dr. Shezad Malik

At the request of the FDA, U.S. Marshals raided generic drug manufacturer Caraco Pharmaceutical Laboratories, Ltd., shutting down manufacturing and seizing inventory. The action came after FDA inspections found that the drug maker was continuing to fail to meet federal safety and health requirements.

In March 2009, Caraco recalled digoxin, a heart medication, after it was discovered that some tablets distributed were thicker or thinner than they were supposed to be. This created a serious risk for consumers, as receiving too much of the drug could cause a potentially life-threatening condition known as digoxin toxicity, and receiving too little of the medication could result in injury from the underlying heart condition.

June 25, 2009

Family of Tree Trimmer Killed by Wood Chipper Sues Manufacturer

by Dr. Shezad Malik

It was just another work day for Rafael Jimenez, a veteran tree trimmer in his 24th year on the job.

But as he stuffed branches from a Chinese elm tree into a wood chipper, his right hand became entangled in the branches and Jimenez found himself being jerked toward the steel knives.

The machine, which devours a 20-inch branch in a second, consumed nearly his entire body.

His wife and four children filed a lawsuit in Los Angeles County Superior Court alleging that the manufacturer of the machine, Michigan-based Morbark, knew for years that its safety features were insufficient and had done nothing to prevent injuries and deaths like Jimenez’s.

June 24, 2009

Texas Medical Board New Rules June 2009

by Dr. Shezad Malik

The following is a summary of the changes effective on June 24, 2009. Click here for the complete board rules.

Chapter 162, Supervision of Medical School Students, with amendments to §162.1 Supervision of Medical Students, which clarifies the intent of the amendment previously adopted, which became effective on March 9, 2009. The Board determined that the revised language was necessary based on questions received regarding interpretation.

Chapter 165, Medical Records, with amendments to §165.3, Patient Access to Diagnostic Imaging Studies in Physician’s Office, which expands the rule to include non-static diagnostic imaging studies and imaging studies that are maintained in electronic format. The Board determined that the rule change was necessary to clarify the definition of diagnostic imaging studies for the purpose of releasing such records to requestors for medical records.

Chapter 173, Physician Profiles, with amendments to §173.1, Profile Contents, which requires that the profile of each licensed physician shall contain the physician’s full name as the physician is licensed. The Board determined that the change was necessary to allow the Board to appropriately track all physicians licensed by the Board rather than allowing physicians to identify themselves under multiple names when submitting documents to the Board.

June 24, 2009

Zicam Lawsuit Filed

by Dr. Shezad Malik

In what could be the opening salvo in a new wave of lawsuits against the Scottsdale-based maker of Zicam, lawyers filed a lawsuit on behalf of 117 people who claim they have suffered loss of smell after using the popular nasal spray.

Among those suing Scottsdale-based Matrixx Initiatives Inc. include one dozen Phoenix-area residents as well as the chef of an upscale Las Vegas-area restaurant who no longer can smell or taste food.

Matrixx officials said they had not seen the lawsuit filed in Maricopa County Superior Court, but a spokesman said the company believes that its nasal products are safe and do not cause loss of smell.