Dallas Fort Worth Injury Lawyer Blog

March 29, 2009

Nevada Attorneys Hope to Lift Malpractice Damages Cap

A congressional study and a national consumer advocacy group found that the health care industry in 2004 had spent millions of dollars exaggerating the malpractice crisis in Nevada and elsewhere in the country.

But the hard-hitting television campaign of five years ago, helped persuade voters to overwhelmingly approve an industry-backed ballot initiative imposing a $350,000 cap on malpractice damages for pain and suffering. Advocates said the intent of the measure, patterned after 1975 tort law changes enacted in California that imposed a $250,000 cap, was to reduce multimillion-dollar verdicts against doctors, which would lower their insurance premiums and reduce health care costs for the public.

March 28, 2009

Boy Awarded $20 M in Brain Damage Case

by Dr. Shezad Malik

A now-12-year-old Temecula boy who fell from a fast-food restaurant’s play structure and struck his head, causing brain damage, was awarded a $20 million settlement from the franchise’s parent company.

The money was awarded to Jacob Buckett and his sister, Isabelle, who was 5 at the time of Jacob’s fall at the Temecula restaurant on Aug. 4, 2005.

The structure was inside the restaurant and there was no rubber beneath the bars, just tile, according to Jacob’s attorney.

The defendants, the restaurant franchisee, parent company and playground manufacturer, were not named because of the settlement’s confidentiality clause but according to the Web site momlogic.com, the restaurant was a Burger King.

Delta Marketing Inc., the installer of the playground, was also sued.

March 27, 2009

Judge Upholds Most of Award in Flesh-Eating Case

by Dr. Shezad Malik

A federal judge has upheld most of an $8.5 million judgment awarded to a woman who lost use of her arm due to a flesh-eating bacteria misdiagnosed by an Air Force base doctor.

The judge last month granted only part of the U.S. government’s request to trim $1.13 million from the damages he assessed last year for Jean Phillips. Frazier lowered damages covering Phillips’ past medical expenses by $62,748, settling on an $8.46 million payout.

Frazier had found that Dr. Dan MacAlpine, who was stationed at Scott Air Force Base near Mascoutah, Ill., failed to notice or heed Phillips’ rash on her right arm in 2002. MacAlpine, assuming she was an addict looking for prescription drugs, told her to go home and take over-the-counter pain medication.

March 26, 2009

Jurors Award $4 M in Brain-Damaged Baby

by Dr. Shezad Malik

A Palm Beach County jury has awarded $4 million on behalf of a child suffering from severe mental retardation that the family blamed on a delayed delivery in a West Palm Beach hospital more than 11 years ago.

Stephanie Preshong Brown, of Palm City, was carrying twins in July 1997 when she was admitted to Good Samaritan Medical Center in West Palm Beach for premature contractions. One of the twins, Sydney Preshong Brown, died in utero.

A few weeks later, doctors determined that the other twin, Jordan Preshong Brown, was in distress and decided to deliver by Cesarean section.

The lawsuit contended that problems securing an operating room led to several hours of delay.

March 25, 2009

Altria, R.J. Reynolds Win Verdict in Florida Suit

by Dr. Shezad Malik

Altria Group Inc.’s Philip Morris USA unit and R.J. Reynolds Tobacco Co. said they won a verdict in a wrongful-death lawsuit filed on behalf of a Florida smoker.

A state court jury in St. Petersburg, Florida, found the two biggest U.S. cigarette makers not liable in the case. The verdict is the first defense win in a so-called “post-Engle” tobacco suit in Florida.

The case is the third of its kind to be tried since the Florida Supreme Court in 2006 ruled that smokers could not sue as a class on behalf of smokers statewide. The court said smokers could sue individually and extended the time for them to do so. Thousands of such cases are pending across Florida.

March 24, 2009

Wal-Mart Sued Over Alleged Drug Mislabeling

by Dr. Shezad Malik

A pharmacist at the Yuba City Wal-Mart store mislabeled a pill bottle, resulting in a woman taking twice too much blood pressure medication and nearly dying, according to a $1.2 million lawsuit.

After collapsing on a bus, victim Geraldine Schamanski’s heart stopped five times in 24 hours.

Besides Wal-Mart, the pharmacist and Asereth Medical Services are named as defendants. The latter company apparently supplied the pharmacist who mislabeled the bottle.

March 23, 2009

NY Man With Polio Wins Lawsuit Against Drug Maker

by Dr. Shezad Malik

A Staten Island man stricken with polio has won a multimillion dollar lawsuit against a drug maker, claiming he contracted polio 30 years ago while changing his daughter’s diaper.

Dominick Tenuto was awarded $22.5 million, believed to be one of the highest awards ever on Staten Island.

The lawsuit claims that the oral vaccine Tenuto’s daughter received, which contained a live virus, passed through her body and infected Tenuto while he was changing her diaper.

March 22, 2009

Indiana Police Settle Wrongful Death Suit Over Police Crash

by Dr. Shezad Malik

City and police officials have agreed to pay a man $75,000 to settle a lawsuit filed after his fiancee was killed and he was seriously injured when a driver fleeing police crashed into his car.

Richard Garman’s settlement, allows the city of Indianapolis to avoid a costly trial without admitting liability in the fatal 1999 crash.

Garman’s case stemmed from a 50-second chase that reached 80 mph on city streets and ended when a fleeing driver struck the then 21-year-old Garman’s car, injuring him and killing his fiancee, J. Elizabeth Foster, 19.

Garman, now 30, sued based on his own injuries, which included broken ribs and collapsed lungs, as well as emotional distress and clinical depression spurred by Foster’s death. Garman’s injuries left him with more than $280,000 in medical bills.

March 21, 2009

Diacetyl Popcorn Workers Lung Victim, Wife Awarded $7.5 Million

by Dr. Shezad Malik

A jury has ruled in favor of a plaintiff in a Popcorn Workers Lung lawsuit. According to The Associated Press, the federal jury in Iowa yesterday ordered a flavorings manufacturer to pay the victim – who died just a day before of complications from Popcorn Workers Lung – and his wife $7.5 million for causing his injuries.

Popcorn Workers Lung is a potentially life threatening ailment, for which the only cure is a lung transplant. The disease – also known as bronchiolitis obliterans – has been linked to diacetyl, a chemical used to give microwave popcorn and other snack foods a buttery flavor.

March 21, 2009

Frat Hazing Wrongful Death Lawsuit Settled

by Dr. Shezad Malik

The mother of University of Colorado student Lynn “Gordie” Bailey, who died of acute alcohol poisoning in September 2004 after a fraternity-initiation ritual, has settled her lawsuit with the fraternity on the eve of the trial.

According to the lawyer who represented Leslie Lanahan, Bailey’s mother, said a settlement was reached with both the Chi Psi fraternity and the Alpha Psi Delta Corporation of Chi Psi, which owned the fraternity house in Boulder.

Bailey died the morning of Sept. 17, 2004, of acute alcohol poisoning. His blood-alcohol level was 0.328 percent.