Dallas Fort Worth Injury Lawyer Blog

January 7, 2009

Vets Sue US Over Military Experiments

Six veterans who allege they were exposed to dangerous chemicals, germs and mind-altering drugs during Cold War experiments sued the CIA, Department of Defense and other agencies, in San Francisco Federal Court.

The vets volunteered for military experiments they say were part of a wide-ranging program started in the 1950s to test nerve agents, biological weapons and mind-control techniques.

They allege in their lawsuit that they were never properly informed of the nature of the experiments and are in poor health because of their exposure. They are demanding health care and a court ruling that the program was illegal because it failed to obtain their consent.

The lawsuit seeks class action status on behalf of all participants allegedly exposed to harmful experiments without their knowledge.

The lawsuit said that at least 7,800 U.S. military personnel served as volunteers to test experimental drugs such as LSD at the Edgewood Arsenal near Baltimore, Md., during a program that lasted into the 1970s.

January 7, 2009

Baxter Contaminated Heparin Class Action Lawsuit Filed

by Dr. Shezad Malik

A class action suit against the maker of a blood thinning Heparin drug claims the company is substituting safer ingredients – cooked, dried pig intestines – with more dangerous ones.

Joyce Ann Osteen of Illinois is suing Baxter over its anticoagulant drug Heparin in St. Clair County Circuit Court.

She claims the company began substituting a more dangerous ingredient to “reap greater profits as a result of utilizing cheap component parts.”

Baxter began making the drug from enzymes found in pork intestines, according to the complaint filed Jan. 5.

January 5, 2009

Tyler Texas Store Not Liable For Elderly Shopper’s Death

by Dr. Shezad Malik

On Sept. 24, a jury rejected a family’s claim that its elderly patriarch died as a result of injuries sustained when he fell at a Family Dollar Store.

The family of Warren Tiner, 84, alleged he was shopping at the Tyler store when he tripped over a box left out in an aisle.

Complaining of back pain, he checked into a hospital eight days after the September 2006 incident. His condition worsened, and he developed other health issues, including pneumonia, heart problems and eventually paralysis from spinal cord compression.

January 4, 2009

Truck’s Lane Change Blamed For Car Rollover

by Dr. Shezad Malik

On Sept. 30, a driver and his passenger netted a total of $1,456,874 for injuries they sustained in a collision with a tractor-trailer.

In 2006, Ronny Martinez, then 35, was traveling with Kenneth O’Neal, then 48, when an 18-wheeler owned by Celadon Trucking Services veered into their lane. Martinez swerved, but gravel off the roadway caused him to lose control and drive back onto the interstate.

He collided with the truck, causing his car to flip and roll several times. Martinez, a restaurant manager, sustained a fractured vertebra and was unable to work for two months.

January 3, 2009

No Blame in Car Crash That Injured Woman

by Dr. Shezad Malik

On Oct. 1, a jury found that neither party was to blame for a collision that resulted in neck and back injuries for one driver.

In 2004, Christy Chaney’s car was struck by a vehicle driven by Alan Sunberg as both drivers were traveling in opposite directions on Hwy. 190 near Heidenheimer, Texas.

Chaney alleged Sunberg caused the crash when he entered her lane as he attempted to maneuver around a truck that was turning left in front of him.

January 2, 2009

Doctor Not Liable For Patient’s Heart Attack

by Dr. Shezad Malik

On Sept. 19, a jury sided with a doctor accused of failing to prevent a patient’s heart attack.

In 2004, Phyllis Jackson, then 49, underwent a hysterectomy, which had been recommended by her doctor, Suvij Upatham.

The day after the procedure, Jackson complained of chest discomfort and tests showed an elevated heart rate. A nurse notified Upatham, who ordered a number of interventions but did not order an EKG.

January 1, 2009

Fort Worth Man Mauled by Pit Bull

by Dr. Shezad Malik

FORT WORTH — A man had walked his southeast Fort Worth neighborhood for years without any problems from dogs. Until Tuesday morning.

A pit bull terrier mauled the 61-year-old man in a vacant field as he strolled home from a neighborhood convenience store.

“He charged straight at me,” the man said Wednesday afternoon from home, where he was nursing his injured hand and leg. “If there had been a rock or something, I could have done something.”

But a 76-year-old man, whom police described as a good Samaritan, came to victim’s rescue. The man heard the attack and managed to pull the dog off victim’s left arm.

The injured was taken to John Peter Smith Hospital in Fort Worth with injuries to his left hand and right leg. He was released shortly after the incident.

December 30, 2008

Texas Wrongful Death Suit Blames Sawmill’s Safety Violations

by Dr. Shezad Malik

MARSHALL TEXAS- The family of a man killed while working at a Texas sawmill is suing the company for alleged safety violations.

According to the complaint filed Dec. 28 in the Marshall Division of the Eastern District of Texas, the man was employed at Southern Hardwood Co. on Jan. 20, 2007, when he died.

The man was making wooden boards for pallets using a board edger, when the Crosby board edger “shot back” a board into his chest.

The man was taken to a local hospital where he was pronounced dead and the cause of death determined to be from a blunt force trauma to the chest.

December 27, 2008

Texas Medical Board Update

by Dr. Shezad Malik

The Texas Medical Board (TMB) is charged with licensing physicians and enforcing the Texas Medical Practices Act. During the 2007 session and interim, TMB has been under intense legislative scrutiny for administrative, enforcement, and licensure issues. Last session, lawmakers increased the agency’s appropriation by $3.4 million — to $18.4 million for the biennium — so it can better manage the backlog of license applications. In exchange, the board was directed to cut the average processing time for a new license to 51 days. TMB reports it has met this goal and initiated an online application process to further speed up licensure.

December 26, 2008

Texas Medical Board Falling Behind On Complaints

by Dr. Shezad Malik

Medical malpractice reform enacted five years ago succeeded in cutting the number of lawsuits against doctors and increasing the number of physicians working in Texas.

But state medical board investigators say it also left them with an unbearable workload.

While the Texas Medical Board’s staffing increased 28 percent from 112 employees in fiscal 2002 to 143 in fiscal 2008, physician and patient settlements through the board have increased 202 percent, according to the board’s statistics.

In next year’s legislative session, the TMB will be asking for 11 additional full-time workers to help with investigating and resolving complaints against doctors.