Dallas Fort Worth Injury Lawyer Blog

December 6, 2008

Lawsuit in Florida Blood Bank Death

The parents of a 7-year-old boy who died after contracting West Nile virus from a transfusion of tainted blood asked the Florida Supreme Court to restore an $8 million jury verdict against a blood bank.

The Court have been asked to decide whether all blood banks are covered by Florida’s medical malpractice statutes, which include special procedures and limits on damages and attorney fees, rather than general negligence laws.

The American Red Cross and two national blood bank associations are participating in the case through a written “friend-of-the-court” argument that sided with the defendant, LifeSouth Community Blood Centers Inc.

December 5, 2008

W.R. Grace to Settle Asbestos Case

by Dr. Shezad Malik

W.R. Grace & Co. has agreed to pay up to $140 million to settle a class action lawsuit from its use of an attic-insulating product that contained asbestos.

The chemicals maker company will pay $30 million cash into a trust fund, an additional $30 million cash after three years, and make up to 10 additional annual payments of $8 million if certain conditions are met.

The payouts stem from the company’s sale of Zonolite attic insulation, a loose-fill vermiculite product that can contain naturally occurring asbestos. Zonolite was installed in millions of homes throughout the U.S. and Canada. The hundreds of thousands of lawsuits filed against the product pushed W.R. Grace into bankruptcy protection in 2001.

December 4, 2008

Fired Security Guard Awarded $257K in Disability Discrimination

by Dr. Shezad Malik

A security guard who was fired after failing a hearing test was awarded $257,048 in a disability discrimination lawsuit against the U.S. Attorney General.

The man aged 61, lost his job at the federal courthouse in Victoria because he could not pass the required hearing test. He sued under the Americans with Disabilities Act, alleging a U.S. Marshal Service rule that banned use of hearing aids during testing was discriminatory.

December 3, 2008

Judgment Overturned in Texas Hazing Case

by Dr. Shezad Malik

A Texas judge has overturned his previous $16.2 million judgment against the Sigma Alpha Epsilon fraternity, which was sued by the parents of a pledge who died allegedly after a hazing event at the University of Texas.

The judge has accepted the fraternity’s explanation that the failure to respond to the lawsuit was an accident, and the lawsuit will now proceed.

December 2, 2008

$23.5 M for Injuries From Semis Collision

by Dr. Shezad Malik

A Kansas jury awarded $23.5 million in a lawsuit stemming from injuries in a semitrailer accident in New Mexico.

The U.S. District Judge reduced the actual award to nearly $15.3 million because the jury decided the driver of the other truck was only 65 percent at fault.

The truck driver tested positive for methamphetamine while driving a truck for Swift Transportation.

December 1, 2008

Texas Failing to Protect Patients From Abuse And Neglect

by Dr. Shezad Malik

A federal investigation has found that Texas is failing to protect disabled residents who are living in large state facilities, from possible lapses in health care.

The U.S. Justice Department said in a report that deficiencies in staffing put residents in 13 facilities at risk of abuse and neglect .

The probe concluded that serious problems and deficiencies in care currently exist throughout the facilities where nearly 5,000 vulnerable Texans live.

“We have concluded that numerous conditions and practices at the facilities violate the constitutional and federal statutory rights of their residents,” said an assistant attorney general in the Justice Department’s Civil Rights Division.

November 30, 2008

Texas Family Fights Insurance Company Over Car Wreck

by Dr. Shezad Malik

A man was fleeing from Texas police at speeds topping 100 mph, when he crossed into oncoming traffic, ran through stop signs before his pickup smashed into another driver’s car in an intersection.

The 1999 wreck left a 7-year-old boy comatosed for a week, in the hospital for a month and in physical therapy for five years.

The man was later charged with using his truck as a deadly weapon, jumped bail and disappeared. He left behind a $300,000 auto insurance policy, money the family hoped would pay for their son’s medical bills.

But Nationwide Insurance, declined to pay, saying man violated his insurance contract by leading police on a wild chase all but guaranteed to end in a horrific wreck. Two courts have agreed with Nationwide.

Now the Texas Supreme Court will decide who deserves the law’s protection: a family whose car was in the wrong place at the wrong time or an insurance company with a reckless and irresponsible client.

November 29, 2008

Dallas Funeral for Mexican Bridge Crash

by Dr. Shezad Malik

About 500 mourners attended a funeral service for the seven people who died this week in northern Mexico when their vehicle plunged into a river off an unfinished bridge that apparently lacked warning signs or barriers.

The mourners gathered at a west Dallas church, around the seven caskets containing the remains of three adults and four children who died in the accident, which occurred early Thankgiving morning as they drove from Texas to visit relatives.

The family were two miles from their destination, the village of El Mezquite, according to the uncle of one of the victims.

November 28, 2008

Texas Education Agency Whistleblower Fraud Case

by Dr. Shezad Malik

Two inspectors who were fired from the inspector general’s office at the Texas Education Agency are suing the agency, claiming wrongful termination after they tried to investigate fraud and waste in the TEA, according to officials.

The men want to be reinstated and are seeking unspecified damages. The lawsuit contends that the alleged retaliation against and firings of the two men violated their rights under the state’s whistleblower law and also violated their free speech rights under the Texas Constitution.

According to their lawsuit, they were systematically prevented from investigating fraud, waste and misuse, including allegations of:

— Falsification of student attendance records.

— Contractors who “may have been influenced to overcharge TEA and/or school districts.”

— A “suspect contract” involving the commissioner of education and an education service center.

— Violations of law regarding job openings.

November 27, 2008

Six Flags Settles Lawsuit

by Dr. Shezad Malik

Nearly 1 ½ years after a girl’s feet were severed on a ride at Six Flags Kentucky Kingdom, the amusement park has reached a confidential out-of-court settlement with the teenager’s family, who had sued the park for negligence.

The amount of the settlement wasn’t disclosed, but it is noted that the girl’s unpaid medical bills total nearly $500,000 and that Kentucky law allows recovery for future lost income, as well as pain and suffering.