Dallas Fort Worth Injury Lawyer Blog

October 22, 2008

Changes at the Texas Medical Board

The Texas Medical Board has named Alan T. Moore, M.D., as interim medical director of the agency.

Dr. Moore graduated with honors from the University of Texas at Austin and received his medical degree from the U.T. Southwestern Medical School, where he was a member of Alpha Omega Alpha Honor Society. He completed his anatomic and clinical pathology residency at Parkland Memorial Hospital in Dallas, where he served as chief resident during his fourth year. He also completed a hematopathology fellowship at Parkland.

Dr. Moore is board certified in anatomic pathology, clinical pathology and hematopathology. He has practiced in Austin for more than 20 years and has served as president of Clinical Pathology Associates as well as on the board of Clinical Pathology Laboratories; medical director of Seton Medical Center Laboratory; chief of Staff at Seton Medical Center; and president of the Texas Society of Pathologists. He has also served as the transplant pathologist for the Seton Medical Center Cardiac Transplant Program.

October 22, 2008

New Rules Could Block Product Liability Suits

by Dr. Shezad Malik

WASHINGTON — The Bush administration is planning to rewrite a wide array of federal rules with changes or additions that could block product-safety lawsuits by consumers and states.

The administration has written language aimed at pre-empting product-liability litigation into 50 rules governing everything from motorcycle brakes to pain medicine. This year, lawsuit-protection language has been added to 10 new regulations, including one issued Oct. 8 at the Department of Transportation that limits the number of seatbelts car makers can be forced to install and prohibits suits by injured passengers who did not get to wear one.

October 21, 2008

EPA Messed Up Water Pollution Controls

by Dr. Shezad Malik

The Environmental Protection Agency (EPA) is failing to stem the pollution washing into waterways from cities and suburbs, the National Academy of Sciences reported this week.

According to the report’s authors, there needs to be “radical changes” in the way the federal government regulates stormwater runoff so that all waters are clean enough for fishing and swimming.

Stormwater runoff is the toxic brew of oil, fertilizers and trash picked up by rain and snowmelt as the water flows over parking lots, roofs and subdivisions.

October 20, 2008

MP3 Players Can Cause Permanent Deafness

by Dr. Shezad Malik

BRUSSELS – European scientists warned that many teenagers across Europe could suffer permanent hearing loss after five years if they listen to MP3 players at too high a volume for more than five hours a week.

The risk for hearing damage depends on sound level and exposure time.

October 19, 2008

Lawsuit for Delayed Brain Scan

by Dr. Shezad Malik

A New York jury has awarded nearly $11 million to a woman who suffered a stroke after waiting two hours for a hospital brain scan.

New York Hospital Medical Center of Queens was found by the jurors to be negligent in the medical treatment of a 71 year old woman after she fractured her skull in a fall in 2004.

The hospital denies liability for the woman’s resulting medical condition and is appealing the Oct. 3 decision awarding her $10.7 million.

October 18, 2008

Glaxo Settles Paxil Lawsuit

by Dr. Shezad Malik

GlaxoSmithKline PLC agreed to pay $40 million to settle claims in a class-action lawsuit that it improperly marketed the antidepressant Paxil for use in children. The suit claimed Glaxo had withheld information that the drug was neither safe nor effective in this age group.

The money will be used to reimburse health plans that paid for Paxil use by children younger than 18. During litigation, Glaxo claimed that Paxil was safe and effective, and denied promoting it for children and concealing information. Glaxo denies any wrongdoing or liability.

Other health plans are suing drug makers on similar grounds, alleging they withheld information that led the health plans to unnecessarily pay for drugs. The Paxil case is the first time a drug company has agreed to pay a settlement in such a case.

October 17, 2008

Eli Lilly To Settle Zyprexa Lawsuits

by Dr. Shezad Malik

Eli Lilly & Co. has agreed to pay $62 million to some states, to settle claims it improperly marketed Zyprexa, its top-selling drug, to patients who did not have schizophrenia or bipolar disorder, its only approved uses.

Attorneys general from several states had accused Lilly of marketing Zyprexa for off-label uses and inadequately disclosing the drug’s side effects to health-care providers. Doctors are free to prescribe drugs for uses not approved by the FDA, but drug companies cannot market them for those situations.

But Lilly has settled more than 31,000 product liability claims against the drug since 2005, paying out more than $1.1 billion. The drugmaker still faces separate litigation with 11 other states, generally involving consumer protection issues or Medicaid reimbursement.

October 16, 2008

Texas Medical Board Disciplines 34 Doctors and Issues 276 Physician Licenses

by Dr. Shezad Malik

At its October 9-10 meeting, the Texas Medical Board took disciplinary action against 34 licensed physicians.

The actions included three violations based on quality of care; two actions based on unprofessional conduct; one action based on violation of probation or prior order; one action that terminated a prior suspension; two actions based on other states’ actions; one action based on inadequate medical records violations; two actions based on impairment due to alcohol or drugs or mental/physical condition; five actions based on non-therapeutic prescribing; two actions based on failure to properly supervise or delegate; two actions based on criminal convictions; three voluntary surrenders; and 10 licensees agreed to enter into administrative orders with the Board for minimal statutory violations. In addition, the board issued two cease and desist orders against unlicensed individuals.

At its October 9-10 meeting, the Texas Medical Board issued 276 physician licenses.

October 16, 2008

EPA Issues New Standard For Lead

by Dr. Shezad Malik

The Environmental Protection Agency (EPA) today issued new air quality standard for lead that is expected to have a major impact in Missouri, in the heart of the nation’s lead belt.

The new standard is 10 times more tougher than the old standard for lead, a toxic metal which known to impair neurological development in children.

The new standard of 0.15 micrograms per cubic meter of air represents the first time the agency has revised airborne levels of lead since 1978, when the metal was phased out of gasoline. According to experts it is a good standard and EPA has got to enforce it.

The EPA was under a court order to revise the standard as a result of successful 2004 lawsuit.

October 15, 2008

J&J Paid $68 Million to Settle Ortho-Evra Lawsuits

by Dr. Shezad Malik

According to court recordsJohnson & Johnson has spent at least $68.7 million to settle hundreds of lawsuits filed by women who suffered blood clots, heart attacks or strokes after using the company’s Ortho Evra birth-control patch.

Majority of users claimed that the patch caused deep-vein thrombosis, (blood clots in the legs), and pulmonary embolisms, (when the blood clots from the legs travel into the lungs). The complaints blamed Ortho Evra for the deaths of 20 women, strokes and heart attacks.