Dallas Fort Worth Injury Lawyer Blog

August 31, 2008

Texas Supreme Court: No duty to Warn

An employee alleged that Brookshire Grocery Company caused her back injuries when the worker Barbara Goss was trying to step over a “lowboy” cart.

The Texas Supreme Court ruled against her: To the extent that stepping over a lowboy is dangerous, it is a danger apparent to anyone, including Goss. A lowboy stands about 42 inches high, measures about two and a half feet by five feet, and rolls on four wheels.

Goss stepped over one as she entered a freezer, but on the way out her shin struck the lowboy and she hurt herself grabbing a shelf to stop her fall.

August 30, 2008

Texas Bus Accident Negligence Lawsuit Filed

by Dr. Shezad Malik

Another lawsuit has been filed in the Texas bus crash that killed 17 people earlier in August 2008. The lawsuit was filed by the estate of Cham Nguyen, who alleges that negligence on the part of the owner and driver of the bus, as well as the vehicle’s manufacturer, caused her death.

The August 8th 2008, bus accident was the nation’s deadliest since 2005. The charter bus, which was taking a group of Vietnamese Catholics to a religious festival in Missouri, blew an illegally treaded tire, skidded off the highway and overturned. In addition to the deaths, 38 people were injured.

August 29, 2008

Avandia Lawsuits

by Dr. Shezad Malik

Diabetes patients who use the drug Avandia face an increased risk of serious and potentially fatal injuries of heart attack, stroke, congestive heart failure, bone fractures or death.

Federal lawsuits have been consolidated in an MDL (Multi-District Litigation) in the Eastern District of Pennsylvania.

Avandia is a type 2 diabetes medication which is used to control blood sugar levels. Until 2007, it was one of the best selling medications in the United States, with annual sales in excess of $2 billion.

August 28, 2008

$8.75M Settlement in Staten Island Ferry Crash

by Dr. Shezad Malik

The family of a man who was killed in the October 2003 Staten Island Ferry crash settled its case against New York City for $8.75 million. This ferry crash killed 11 people and many ferry passengers were injured.

August 26, 2008

Lilly, Amylin Disclose More Cases of Byetta-Related Pancreatitis

by Dr. Shezad Malik

Last week, the FDA said it had received reports of six new cases of pancreatitis – including two deaths – associated with the diabetes drug Byetta. Today, Amylin and Eli Lilly said that they had reported four additional deaths to the agency as well, which the FDA hasn’t yet made public.

The companies, which co-market the drug, chose to disclose the additional information in order to “provide context” about each of the cases, according to Amylin President and Chief Executive Daniel Bradbury.

August 21, 2008

Fentanyl Patch Lawsuits

by Dr. Shezad Malik

Duragesic brand and generic fentanyl pain patches have been associated with cases of overdose and death. Poor design, inadequate warnings and poor quality controls during the manufacturing process could result in excessive amounts of fentanyl entering the body.

Lawsuits have been filed throughout the United States for users who have died or become comatosed from a fentanyl overdose.

August 19, 2008

Bobcat Excavator Accident Settles for $1.85M

by Dr. Shezad Malik

A construction worker, Clifford Moncrieffe, was operating a Bobcat X320 compact excavator when the machine tipped over. Moncrieffe’s left foot was outside the operator’s compartment and his foot was crushed. Ultimately he underwent a knee amputation.

Moncrieffe sued manufacturer Clark Equipment Co., in Federal Court in Florida, for products liability (strict liability, negligence, breach of warranty and failure to warn).

August 18, 2008

Mesothelioma Lawsuits

by Dr. Shezad Malik

Mesothelioma is a rare form of lung cancer caused by exposure to asbestos and breathing asbestos fibers. It is a very serious disease, which is often at a very advanced stage when a diagnosis is made. The disease is uniformally fatal. The first asbestos lawsuit was filed in 1929, and with thousands of people being diagnosed with this condition each year.

Mesothelioma is almost always caused by exposure to asbestos either directly or indirectly through family members who worked with the material. A mesothelioma cancer diagnosis can be made years after a family member carried home asbestos dust or fibers on their clothing, shoes, skin or in their hair.

August 18, 2008

FDA Receives 2 Reports of Death, 4 More Hospitalizations in Patients Using Type 2 Diabetes Drug Byetta

by Dr. Shezad Malik

The FDA today said it plans to strengthen warnings about life-threatening pancreas problems linked to the type 2 diabetes drug Byetta after getting two reports of deaths and four other hospitalizations in Byetta users.

Those patients had hemorrhagic pancreatitis (inflammation of the pancreas with bleeding) or necrotizing pancreatitis (in which the inflamed pancreas destroys itself).

All six patients were hospitalized, and their Byetta treatment was stopped. The four survivors were still recovering at the time that the FDA learned of their illness.

Byetta and other potentially suspect drugs should be promptly discontinued if pancreatitis is suspected and not restarted if pancreatitis is confirmed, notes the FDA. Byetta, given by injection, was approved by the FDA in 2005.

August 18, 2008

FDA and Byetta Pancreatitis Side Effects

by Dr. Shezad Malik

Byetta is an injectable therapy to improve blood sugar control in patients with Type II diabetes, which is most often prescribed for patients who have not been able to achieve adequate control on metformin and/or a sulfonylurea, two often prescribed diabetes medications that are taken orally. Byetta has been prescribed alone or in conjunction with other diabetes medicines.

Byetta has side effects that can be harmful. October 2007, the FDA first warned that Byetta may cause acute pancreatitis and reviewed 30 reports of pancreatitis. On August 18, 2008, the FDA announced that the Agency has received six new reports of patients developing severe hemorrhagic or necrotizing pancreatitis. All cases required hospitalization, with two patients dead and four still in recovery.