Dallas Fort Worth Injury Lawyer Blog

June 20, 2009

Suit Filed Over Death of Woman Struck by Utility Pole

A lawsuit was filed in Allegheny County Court by the mother of a 28-year-old woman who died after a utility pole struck by a tractor-trailer fell on her head.

Filed by Gloria Grate on behalf of her daughter, Marquetta Grate, the lawsuit names as defendants the city of Pittsburgh, Levin Furniture, Christopher Caudill and Penske Trucking.

According to attorney Michael Rosenzweig, who filed the complaint, Marquetta Grate was waiting for a bus on May 15 after dropping off her 3-year-old daughter at an East Liberty pre-school.

June 19, 2009

$1M Settles Lawsuit by Laborer Hurt at Staten Island Ferry

by Dr. Shezad Malik

An electrician from Grant City, injured when he fell through a hole in a fueling pier at the St. George Ferry Terminal almost six years ago, has settled his civil lawsuit for $1 million.

Russell Menicucci suffered back and neck injuries in the Dec. 2, 2003, accident, said his lawyer, Andrew John Calcagno. Those injuries have prevented him from returning to work, the attorney said.

June 18, 2009

Jury Awards Woman $5M Over Wrong Diagnosis

by Dr. Shezad Malik

An Indiana jury has awarded $5 million to a Mooresville woman still experiencing ill effects from a misdiagnosis nearly a decade ago at Methodist Hospital.

Roxxanna Smith, then 18, arrived at the emergency room in July 2000 with a ruptured diaphragm after playing softball. But through a series of miscommunications about what was shown by X-rays, her lawyers said, doctors instead diagnosed a urinary tract infection and muscle strain — and sent Smith home.

June 17, 2009

EPA to Pay Medical Bills for People Sickened by Asbestos From Montana Mine

by Dr. Shezad Malik

The Environmental Protection Agency declared its first-ever “public health emergency,” saying the federal government will funnel $6 million to provide medical care for people sickened by asbestos from a mine in northwest Montana.

The declaration applies to the towns of Libby and Troy, where for decades workers dug for vermiculite, a mineral used in insulation. They were unknowingly poisoning themselves: The vermiculite was contaminated with a toxic form of asbestos, which workers carried home on their clothes.

June 16, 2009

Judge Dismisses Jury in Wrongful Death Lawsuit From McDonald’s Brawl

by Dr. Shezad Malik

The wrongful death civil trial over a 2005 fatal brawl in a McDonald’s parking lot hit a stumbling block when the judge dismissed the jury picked to hear the case.

Attorneys agreed on a six-member jury, but since then lawyers on the plaintiff’s side uncovered facts about three of the jurors, including old arrests the jurors did not list on their questionnaires.

June 15, 2009

Air France Crash Spurs Debate Over Lawsuit Locations

by Dr. Shezad Malik

While investigators scour the Atlantic for clues to the cause of the crash of Air France Flight 447, lawyers in Brazil, France and the U.S. are taking steps to determine the proper forum for any lawsuits.

Sophie Bottai, whose client was the first granted victim status in a French criminal probe, said the nation’s courts should review any claims as many passengers were French as were the airline and the airplane, an Airbus SAS A330-200.

“The plane is French, the carrier is French,” said Bottai, representing a 38-year-old Frenchman’s family, who she said wishes to remain anonymous. “The jurisdiction is French.”
Debate over jurisdiction issues may get even more heated with families making the ultimate decision based on where they can receive the most compensation. In addition to where the claims are filed, the amount of any award depends on the victim’s age, family status and work situation, according to lawyers specializing in aviation disasters.

June 15, 2009

Accutane Lawsuits and Litigation

by Dr. Shezad Malik

The acne remedy Accutane, a synthetic form of vitamin A used to treat serious forms of acne that can cause scarring, has been the subject of extensive litigation because of a long list of side effects including inflammatory bowel disease, suicide, and birth defects.

The U.S. manufacturer of Accutane, Hoffman La Roche, is part of the international conglomerate known as “The La Roche Group,” with affiliates in 150 countries. “The La Roche Group” is estimated to be the seventh largest pharmaceutical company in the world. Accutane is one of Hoffman La Roche’s top sellers with estimated annual sales of $1.2 billion. Accutane is also one of the 3 drugs on the market with the most reports of adverse side effects, and this has led to extensive litigation. Lawsuits have been brought against Hoffman La Roche for alleged adverse reactions caused by Accutane including gastrointestinal disorders, suicides, and birth defects.

June 15, 2009

Texas Medical Board Disciplines 71 Doctors

by Dr. Shezad Malik

Since its April board meeting, the Texas Medical Board has taken disciplinary action against 71 licensed physicians.

The actions included 15 violations based on quality of care; 11 actions based on unprofessional conduct; two nontherapeutic prescribing violations; six agreed orders based on inadequate medical records violations; one action based on impairment due to alcohol or drugs or mental/physical condition; four actions based on other states’ or entity’s actions; one action based on failure to properly supervise or delegate; two actions based on peer review actions; two actions based on violation of probation or prior order; one agreed order modifying a prior order; and five voluntary surrenders. Twenty-one physicians entered into administrative orders for minor statutory violations.

At its May 28-29 meeting, the board issued 526 physician licenses.

June 14, 2009

Family of Deceased VA Sailor Wins $1.2M judgment

by Dr. Shezad Malik

The family of a retired Navy sailor who died of cancer triggered by asbestos fibers he inhaled on the job decades ago has won $1.2 million in its lawsuit against a ship-parts manufacturer.

Gerald Gray died in April after suffering from mesothelioma. His death, at age 75, came five weeks before the trial was to begin against John Crane Inc., an Illinois maker of gaskets and other parts used on ships Gray repaired.

The Newport News Circuit Court jury ruled against five manufacturers for a total of $4 million, assigning a percentage of blame to each. John Crane fought the case, and was apportioned 30 percent, or $1.2 million.

June 13, 2009

F.D.A. Warns Against Use of Popular Cold Remedy

by Dr. Shezad Malik

Federal drug regulators warned consumers to stop using Zicam, a popular homeopathic cold remedy, because it could damage or destroy their sense of smell.

The Food and Drug Administration received 130 reports from consumers and doctors of people losing their sense of smell after using one of the Zicam nasal products, which include Zicam Cold Remedy and Zicam Cold Remedy Swabs. The reports date to 1999, when Matrixx Initiatives of Scottsdale, Ariz., first introduced the products.

In 2006, Matrixx paid $12 million to settle 340 lawsuits from Zicam users who claimed that the product destroyed their sense of smell, a condition known as anosmia. Hundreds more such suits have since been filed.