Dallas Fort Worth Injury Lawyer Blog

May 18, 2009

Unread X-ray leads to $2 M Malpractice Award

Zachary James died at at a North Philadelphia hospital when his heart stopped beating on April 20, 2006.

The next day, his wife learned that his death may have been preventable, if someone had just looked at his X-rays before he died.

Following a 10-day trial, a jury awarded Rosalyn James, Zachary’s widow, $2.185 million in a malpractice suit against St. Joseph’s Hospital and two emergency-room physicians.

“I know it would never bring him back,” she said. “But now he’s at peace because I fought for him.”

May 17, 2009

Texas Widower Seeks to sue Operator of Pig Farm

by Dr. Shezad Malik

A Texas court petition seeking answers in a Cameron County teacher’s swine flu death accuses a Virginia-based company of having “horrifically unsanitary conditions” at its pig farm in Mexico and wants to discover what role the farm might have played in the outbreak.

The petition was filed in Texas state District Court in Cameron County by Steven Trunnell of Harlingen on behalf of his wife, Judy Dominguez Trunnell, a 33-year-old special education teacher who died May 5 after delivering a healthy baby girl by cesarean section days earlier.

She was the first U.S. citizen to die of swine flu; a toddler from Mexico City died in Houston on April 27.

May 16, 2009

Denver Jury Awards Millions In Sumo Wrestling Lawsuit

by Dr. Shezad Malik

A Denver jury awarded $2 million to a woman who was injured at a Colorado Springs resort while participating in a mock sumo wrestling game with her coworkers.

Katherine Giles was attending her company’s retreat at Cheyenne Mountain Resort in September 2005 when the accident happened.

Mock sumo wrestling is sometimes used by companies as a team building exercise. It involves participants wearing enormous padded or inflatable suits and helmets.

May 15, 2009

Paralyzed Pole Vaulter Wins Lawsuit

by Dr. Shezad Malik

A young Connecticut man who was paralyzed from the chest down in 2002 while pole vaulting at Southern Connecticut State University has won $6.4 million in damages from the Connecticut affiliate of USA Track and Field.

Brandon White, 25, won the civil lawsuit from a six-member New Haven Superior Court jury.

May 15, 2009

Avandia Class Action Lawsuits Continuing

by Dr. Shezad Malik

GlaxoSmithKline, maker of Avandia, faces more lawsuits alleging that patients suffered from serious Avandia side effects. Among the more severe side effects is the reported link between Avandia and heart attacks. Some critics say the risk of a heart problem is too high, while patients file lawsuits alleging they were harmed by the use of Avandia.

One such lawsuit was filed in Texas, alleging the plaintiff, Frank Casteel, took Avandia for 5 years and then underwent heart bypass surgery. According to the Southeast Texas Record, the suit was filed against Smithkline Beecham Corp., doing business as GlaxoSmithKline. The plaintiff claims that GlaxoSmithKline knew its drug was unreasonably dangerous, knew that patients were not informed about the risks associated with Avandia and still marketed and distributed the drug. Furthermore, the suit alleges that the pharmaceutical maker disclosed positive information about Avandia, but concealed or withheld any negative information about the drug’s safety.

May 14, 2009

Family of Child Killed by Falling Gate Settles Lawsuit

by Dr. Shezad Malik

The family of an 11-year-old boy killed when a 1,600-pound metal gate fell on him while he played at a Boston, Methuen school will receive a $600,000 settlement from the city.

The city had previously admitted that it was liable for leaving the unsecured iron gate in an area children could access. The settlement is the maximum amount allowed under state law.

Timothy DiLeo was killed and his younger brother injured when the unhinged gate at the Tenney Grammar School fell on them on Labor Day 2007.

May 13, 2009

Jury Rules Against Hyundai for Sexual Harrassment

by Dr. Shezad Malik

A federal jury in Montgomery returned a $5.79 million verdict against Hyundai Motor Manufacturing Alabama and a mid-level manager for sexual harassment, negligence and retaliation.

“The jury awarded double what we were asking for,” said Birmingham attorney Alicia Haynes, represented former Hyundai employee Tammy Edwards. “They were upset at the negligence.”

The jury, which returned its verdict, awarded $795,000 in compensatory and $5 million in punitive damages against Hyundai. The jury also returned a $10,000 punitive verdict against manager Mike Swindle after a nearly two-week trial before the U.S. District Court.

May 12, 2009

Texas Medical Board Suspends License of Rodney Dotson, M.D.

by Dr. Shezad Malik

The Texas Medical Board entered an Automatic Suspension Order against Rodney Norman Dotson, M.D., license number D9988, on Monday, May 4, after determining that Dr. Dotson had violated a previous disciplinary order.

The February 8, 2008, Mediated Agreed Order required, among other provisions, that Dr. Dotson take and pass the Special Purpose Examination. The 2008 order also contained a provision that, after a proper hearing, if a Board panel found that Dr. Dotson had violated this term of the 2008 order, his license could be automatically suspended.

May 12, 2009

Wal-Mart Settles Post-Thanksgiving Wrongful Death

by Dr. Shezad Malik

Wal-Mart Stores Inc agreed to improve its post-Thanksgiving Day crowd control as a condition of avoiding criminal prosecution in the fatal stampede of frenzied holiday shoppers at a Long Island store.

In a settlement made public with the district attorney of New York’s Nassau County and the world’s largest retailer also agreed to set up a $400,000 victims’ compensation fund, donate $1.5 million to the community and provide 50 jobs annually to high school students in the area.

The deal came as a result of the DA’s investigation into the death of a 34-year-old security guard, Jdimytai Damour, who was knocked to the ground and trampled to death in the early morning hours on the Friday after Thanksgiving as shoppers stormed a Wal-Mart.

May 11, 2009

Texan Awarded $2.19M In Nissan Lawsuit

by Dr. Shezad Malik

A 63-year-old Tyler woman who sued Nissan after she was seriously injured in a 2006 car accident has been awarded $2.19 million by a federal jury.

Rebecca Perdue filed a lawsuit against Nissan Motor Co., LTD, claiming her 1995 Nissan Pathfinder failed to protect her during a Nov. 28, 2006 collision in Tyler. A seven-person Marshall jury in U.S. District Court returned its verdict, finding Nissan was responsible for her injuries.