Dallas Fort Worth Injury Lawyer Blog

May 17, 2016

Amusement Park Injury Lawsuit

Amusement Park injuries The unique attractions at an amusement park can provide a great deal of entertainment, but they also pose an inherent risk of injury — thousands of people are injured every year.

If an amusement park accident was a result of inattention or carelessness of the park or park employee, then you may have be able to file a lawsuit against the park for negligence. In order to prove negligence in a lawsuit, the injured person, plaintiff, must prove that he law required the park (defendant) to be reasonably careful, that the park or its employees were not careful, and that this carelessness led to the injury sustained by the plaintiff.

The amusement is responsible for the actions its employees. This means that if an employee was negligent and his negligence caused the injury, the injured person may sue the park. The park’s employees or the park itself may be negligent by doing something or failing to do something. Examples include:

May 16, 2016

Hip replacement complications trigger lawsuits

by Dr. Shezad Malik

When metal hips are used in hip replacement surgery, patients can suffer from implant failure, metallosis, bone death, dislocation, and other serious complications.

Many patients experience relief from pain caused by osteoarthritis and increased mobility. But, like other surgeries, hip replacement carries its own set of risks and complications that require immediate medical attention or even additional surgeries to treat. The type of implant may also increase the risk for certain complications. For example, studies show metal-on-metal implants have greater risk of loosening or early failure because metal particles released from the device may weaken nearby bone and tissue.

Popular brands of metal-on-metal hip implants include Smith & Nephew, Biomet M2a-Magnum, and DePuy ASR and Pinnacle.

May 13, 2016

Increased pressure for J&J to settle Baby Powder lawsuits

by Dr. Shezad Malik

Talcum Powder lawsuits After a second jury in three months found Johnson & Johnson liable for ovarian cancer potentially caused by their talcum powder products, the company is under extreme pressure to settle its other claims.

In the latest case, a jury awarded Gloria Ristesund $55 million after she suffered from ovarian cancer potentially caused by Johnson and Johnson’s talcum products.

There are about 1,200 other lawsuits claiming a talc-ovarian cancer link filed against Johnson & Johnson.

May 12, 2016

AndroGel side effects trigger lawsuits

by Dr. Shezad Malik

Men who suffer stroke, cardiac arrest and other heart-related issues or other adverse side effects after using AndroGel are beginning to file lawsuits, alleging they were not properly warned of the risks.

AndroGel is synthetic testosterone mixed into a gel with alcohol that is applied to the skin once daily. The testosterone is absorbed into the skin for continuous 24-hour delivery into the body. It is prescribe to men with low testosterone levels to increase their testosterone levels to a normal range.

Recent studies have linked AndroGel to some serious side effects, including cardiovascular problems like strokes and heart attacks. These studies reveal that using testosterone drugs may increase the risks of having a stroke or heart attack.

May 11, 2016

Uncontrolled bleeding linked to Xarelto triggers lawsuits

by Dr. Shezad Malik

The blood-thinner Xarelto can cause uncontrolled bleeding — a dangerous and possibly fatal side effect. Patients who say they were harmed by the drug and family members who lost a loved one to severe bleeding filed lawsuits against the manufacturer.

Xarelto is used to prevent blood clots from forming due to a certain irregular heartbeat or after hip or knee replacement surgery. It is also used to treat blood clots and to prevent the blood clots from forming again.

Lawsuits filed against the makers of Xarelto claim that the drug maker failed to warn consumers of the risk of severe bleeding that can result in death. Unlike other anticoagulant, such as Warfarin, severe bleeding from Xarelto does not have an antidote.

May 10, 2016

Abilify compulsive gambling lawsuit

by Dr. Shezad Malik

One of the most popular treatment for a variety of mental disorders like bipolar disorder, schizophrenia, and depression, Abilify makes billions for Otsuka Pharmaceutical Company and Bristol-Myers Squibb. With sales over $6.4 billion annually, it is one of the top-selling drugs in the U.S. Abilify works by either decreasing or increasing serotonin or dopamine in the brain when there is an imbalance.

Medical studies have linked the drug to disturbing compulsive behavioral side effects that can cause injury on the lives of patients and their families.

Among these side effects is pathological or compulsive gambling, a financially crippling side effect that can destroy lives. People with compulsive behaviors will do anything to continue the chosen activity, even if it means withdrawing from friends and family and ignoring the rest of their lives.

May 10, 2016

Kroger Injury Lawsuit

by Dr. Shezad Malik

Kroger lawsuit The Kroger company has over 2400 stores in 31 states. In addition to its branded Kroger stores, the company operates or owns numerous other brands including Smith’s Marketplace, Fry’s Marketplace, Dillons, Food4less and many other stores. They also operate 700 convenience stores in 19 states. With so many stores in so many states, it is no wonder that slip and fall accidents sometimes occur in Kroger-owned businesses.

One of the most well-known slip and fall cases involved a Kroger store. In Robinson v. Kroger, the Georgia Supreme changed the state’s standard for slip and fall accident victims when it ruled that a judge could not presume that a shopper failed to act with ordinary care when the shopper’s vision may have been obscured.

In a recent case, a court ordered Kroger to pay $2.3 million to a man injured after slipping on a piece of smashed fruit. The man suffered severe spinal cord damage. It was later discovered that the Kroger store at the center of the lawsuit had intentionally destroyed the video footage of the accident.

May 9, 2016

Wal-Mart injury lawsuit

by Dr. Shezad Malik

Wal-Mart is the world’s largest company by revenue in 2015 and the largest non-governmental employer. It is also thought to be the most frequently sued private personal injury claims defendant in the country.

Due to the amount of lawsuits Wal-Mart faces, it has set up a subsidiary company named Claims Management Inc. to act as a third party insurance adjuster. The subsidiary manages, values, and tracks claims against the parent company. It handles all aspects of the process including getting information from the victims and attempting to get recorded statements. The subsidiary sometimes makes a victim feel like they are dealing with a third party who might treat them more fairly. However, it is important to keep in mind that the subsidiary is ultimately serving the interests of the parent company, Wal-Mart.

Filing a personal injury lawsuit against Wal-Mart can be tougher than filing a lawsuit against an insurance company. Most large corporations tend to settle a case quickly to either avoid high legal fees or avoid a public relations nightmare that might come along with litigation. However, Wal-Mart for the most part does not care about either. Wal-Mart tends to fight personal injury lawsuits harder than an insurance company would. Wal-Mart aggressively challenges personal injury lawsuits even when it makes economic sense to settle the claim. This is probably to discourage the filing of lawsuits.

May 9, 2016

Prilosec side effects trigger lawsuits

by Dr. Shezad Malik

Since first approved by the U.S. Food and Drug Administration (FDA) in 1989 to treat heartburn, Prilosec has been linked to numerous side effects. Some of these side effects have triggered lawsuits against the manufacturer.

Prilosec is a proton pump inhibitor. Proton pump inhibitors are a type of medication that decreases the amount of stomach acid to prevent Gastroesophageal Reflux Disease (GERD) or acid reflux. They act by blocking the production of acid.

The primary symptoms of GERD are heartburn, an acid taste in the mouth, and regurgitation. Prilosec is also prescribed to treat certain stomach/intestinal ulcers and Zollinger-Ellison syndrome.

May 6, 2016

Transvaginal Mesh lawsuit verdicts and settlements

by Dr. Shezad Malik

Transvaginal mesh injuries can change a women’s life and cause a lot of pain. They often require multiple medical procedures or surgeries. Even then, medical professionals make no guarantee. Recent jury verdicts and settlements against the device makers have sought to assist women in dealing with the high costs of a mesh injury.

Johnson and Johnson’s Ethicon has been the slowest transvaginal mesh device manufacturer to offer settlement. Perhaps one reason for the slow response from this manufacturer deals with the fact that they face the highest number of federal lawsuits. The company likely wants to dispose of unworthy claims before offering a settlement. Despite this, the company in 2015 settled 4 lawsuits for an undisclosed amount.

In some cases, juries have awarded millions of dollars to women injured by Ethicon’s mesh devices.