Dallas Fort Worth Injury Lawyer Blog

November 26, 2008

Quadriplegic Awarded $11.3M in Lawsuit

A man who was left quadriplegic when weightlifting equipment at his gym crashed onto his neck was awarded $11 million in a lawsuit stemming from his injury. A U.S. District court awarded the money to the man, who has been awarded a total of $18.6 million following seven years of litigation.

The 39-year-old former Marine was doing squats on a machine at Gold’s Gym in Venice when the horizontal bar of weights bearing a couple hundred pounds of weight fell on his neck. The machine did not have adjustable safety stops installed.

November 25, 2008

Marion VA Medical Center Liable in Wrongful Death

by Dr. Shezad Malik

A widow who sued the U.S. government over her husband’s death at the Marion VA Medical Center has accepted a settlement of almost $1 million.

The Kentucky man died in the hospital after gallbladder surgery last year. His widow, sued alleging medical negligence and accusing the government of failing to adequately check the background of her husband’s surgeon, before hiring him.

November 24, 2008

Melamine Found in U.S. Infant Formula

by Dr. Shezad Malik

The Food and Drug Administration said that it had discovered the toxic chemical melamine in infant formula made by an American manufacturer.

Agency officials said they had discovered melamine at trace levels in a sample of infant formula. It was also discovered in several samples of dietary supplements that are made by some of the same manufacturers who make formula.

Melamine contamination became a major scandal in China after it was added to milk to disguise test results that measure protein levels. Since it was discovered in infant formula in September, it has sickened more than 50,000 infants and killed 4.

November 23, 2008

Milwaukee Loses Appeal in Lead Paint Lawsuit

by Dr. Shezad Malik

The city of Milwaukee’s appeal to force a former lead paint manufacturer to pay for the cleanup of 11,000 contaminated properties was rejected.

The Court of Appeals ruled that NL Industries Inc. does not have to pay the city costs of cleaning up the inner-city homes. The city sought $52.6 million for the program, which involved replacing old windows.

The Milwaukee County jury ruled last year the widespread presence of lead paint in Milwaukee homes was a public nuisance, but NL Industries did not “intentionally and unreasonably engage in conduct” that caused it and was not negligent.

November 22, 2008

PAGCL and Shoulder Pain Pump Lawsuits

by Dr. Shezad Malik

The use of intra-articular pumps, to deliver medication to the shoulder following arthroscopic shoulder surgery has been linked to the development of a painful and debilitating condition which causes the loss of cartilage in the shoulder.

The medical condition, is known as Postarthroscopic Glenohumeral Chondrolysis, PAGCL, and has no consistently successful treatment and often results in permanent shoulder pain.

STATUS OF SHOULDER PAIN PUMP LITIGATION: Lawsuits are currently pending and potential cases are still being reviewed by Dr Shezad Malik Law Firm.

Motions have been filed to consolidate all Federal shoulder pain pump lawsuits and transfer the cases to one court for pre-trial proceedings.

November 22, 2008

Hospital to pay $1.9M in Whistleblower Suit

by Dr. Shezad Malik

Medicare paid a Pennsylanvia hospital $6.15 million in the 2003 to treat some of the Erie hospital’s oldest, sickest patients. Now the hospital will pay $1.9M to settle a whistle-blower lawsuit that claimed the hospital submitted Medicare claims that exceeded its actual costs.

Seven hospitals have reached settlements in connection with the lawsuit, filed in 2005 by an independent hospital consultant from New Jersey. Saint Vincent is the only hospital in this region named in the suit.

November 21, 2008

Bayer Healthcare Dinged For $97.5M in Kickback Settlement

by Dr. Shezad Malik

Diabetic supply maker Bayer Healthcare, a unit of Bayer AG, has agreed to pay $97.5 M to settle claims that it paid kickbacks to several diabetic suppliers and caused them to submit false Medicare claims, according to the U.S. Justice Department.

Bayer agreed to enter into a corporate integrity agreement — which allows companies to continue in the federal Medicare program while requiring steps to safeguard against fraudulent behavior — as part of the settlement, the department said.

November 20, 2008

Roche Loses $12.9 M Three-Case Accutane Verdict

by Dr. Shezad Malik

Roche Holding AG must pay $12.9 million to plaintiffs who blamed the Accutane acne medicine for their inflammatory bowel disease, a New Jersey jury ruled, handing the company its fourth trial loss in the case.

Roche didn’t give proper warnings to doctors for three Florida residents about the risks of Accutane, which was a substantial factor in their illness, a state court jury found yesterday in Atlantic City. The judge combined three lawsuits into one trial. With three earlier losses for individuals, Roche has now lost jury verdicts involving six plaintiffs.

November 20, 2008

Construction Worker Death Case Settles For $440k

by Dr. Shezad Malik

The family of a construction worker who fell to his death received a $440,000 settlement. In 2005, a Texas man aged 23, was part of a crew working on a building in Mesquite. He and another worker entered a wooden box, which was then lifted by a SkyTrak device to the second story. They were working when the box tipped over and both men fell to the ground. The man was pronounced dead at the scene.

November 19, 2008

Texas Medical Board Suspends License of a Houston Doctor

by Dr. Shezad Malik

A panel of the Texas Medical Board has temporarily suspended the license of Eli T. Anderson, M.D., license #E6214, of Houston , after determining that Dr. Anderson’s continuation in the practice of medicine presents a continuing threat to the public welfare.

The action was based on evidence the board received that Dr. Anderson tested positive for a cocaine metabolite in June, 2008, while undergoing drug testing required as a condition of his placement on five years deferred adjudication probation for possession of cocaine, a third degree felony, in Clay County, Texas, in June, 2005. In 2007, Dr. Anderson was again arrested in Lubbock for possession of drug paraphernalia. In addition, at the Board’s temporary suspension hearing, Dr. Anderson admitted on the judicial record that he had used cocaine since 2002, and that he had used cocaine as recently as November, 2008.