Dallas Fort Worth Injury Lawyer Blog

December 10, 2008

Scott AFB Doctor Liable in $8.6 M Judgment

The U.S. government must pay $8.6 million in damages because a military doctor at Scott Air Force Base failed to diagnose a case of flesh-eating bacteria according to a federal magistrate judge’s ruling.

The former wife of an Air Force captain, testified that she sought treatment at the base hospital emergency room for pain and swelling in her right arm in 2002.

According to court documents, the doctor was concerned the woman was a drug addict wanting a prescription, advised her to go home and take Motrin.

A month later, the situation got progressively worse and the woman was taken to the emergency room. The woman was then diagnosed with necrotizing fasciitis, a strep infection that decays soft tissue.

December 9, 2008

State Medical Boards Want Transparency

by Dr. Shezad Malik

More than a decade ago, Massachusetts became the first state to mandate its medical board to post physician profiles online. Patients could find a physician’s hospital affiliations, hospital and medical board disciplinary actions, medical malpractice payments and other data.

The Massachusetts board’s idea to display physician data on an easily accessible Web site was novel in 1996. Many physicians were skeptical in the beginning, resulting in a heated debate of how to post information that was useful to the public and fair to doctors.

“It has worked out reasonably well,” said Massachusetts Medical Society President. “It is an opportunity for patients to step up and see information such as where a physician has received training, whether they are board certified, whether they have malpractice suits against them and whether or not the suit falls in what one might expect in that specialty.”

December 8, 2008

Wal-Mart Sued by Family of Trampled Man

by Dr. Shezad Malik

The family of a man killed in a stampede by holiday shoppers filed a wrongful death lawsuit against Wal-Mart Stores Inc, seeking unspecified damages.

Shoppers on New York’s Long Island broke down doors and surged into the Valley Stream Wal-Mart, the day after Thanksgiving, known as “Black Friday,” traditionally the busiest retail shopping day of the year.

The 34 year old man, was knocked to the ground and trampled to death. He had been assigned to cover security as an independent contractor.

December 7, 2008

Medtronic Lawsuit Over Spinal Implant

by Dr. Shezad Malik

Medical device maker Medtronic Inc. said it did not encourage the unapproved use of its spinal implant, which a new lawsuit is blaming for the death of a California woman.

The lawsuit, filed by the woman’s family in Los Angeles, said her death was caused by use of the Infuse spinal graft in her neck. The device is approved only for use in lower-back surgery and some oral and dental procedures.

The woman’s surgery took place in August, a month after the Food and Drug Administration warned that use of Infuse for neck surgeries had led to problems swallowing, breathing and speaking.

December 6, 2008

Lawsuit in Florida Blood Bank Death

by Dr. Shezad Malik

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.