Dallas Fort Worth Injury Lawyer Blog

March 3, 2011

DePuy ASR Recall And Replacement Update

As a DePuy ASR Hip Recall attorney, I would to update the recipients of faulty DePuy ASR hip implants not to preserve their legal rights as Johnson & Johnson offers an early hip replacement settlement.

Before you accept this early hip replacement settlement offer, please seek a second opinion from a knowledgeable and experienced DePuy attorney.

DePuy considers certain minor medical expenses reasonable for patients that experience DePuy hip side effects. But a DePuy hip lawsuit is necessary to get compensation for past, present and future medical therapies, lost wages, pain and suffering.

A second implant surgery is necessary for some patients because of a high failure rate for two of their devices. The DePuy Hip Recall includes the DePuy ASR Hip Resurfacing system and the ASR XL Acetabular Cup system.

Medical reports suggest that one in eight patients will require a revision surgery within five years of their first implant.

This DePuy hip recall litigation suggests that patients will be observed closely for any side effects in the foreseeable future, including continued pain, inflammation, metallosis, difficulty walking or other DePuy ASR hip replacement side effects.

February 28, 2011

Gas Wells’ Toxic Water Hits Rivers and Water Supply

by Dr. Shezad Malik

As a Dallas Fort Worth Toxic Injury attorney I am providing this information regarding toxic pollution of our natural resources and drinking water.

Thousands of internal documents obtained by The New York Times from the EPA, state regulators and drillers show that the dangers of fracking to the environment and health are greater than previously understood.

The documents reveal that the wastewater, which is sometimes hauled to sewage plants not designed to treat it and then discharged into rivers that supply drinking water, contains radioactivity at levels higher than previously known, and far higher than the level that federal regulators say is safe for these treatment plants to handle.

February 27, 2011

Promising New Cancer Therapy for Mesothelioma

by Dr. Shezad Malik

As a Dallas Fort Worth Asbestos Mesothelioma Attorney, I am providing this promising new cancer regimen for devastating mesothelioma disease.

Southwest Oncology Group (SWOG), a consortium of 19 cancer testing centers, is in the process of conducting Phase 1/Phase 2 trials on the use of cediranib maleate in combination with pemetrexed disodium (marketed as Alimta) and cisplatin to treat mesothelioma patients who have not received previous chemotherapy treatment.

Mesothelioma is caused by inhaling or ingesting asbestos fibers. At least 2,500 Americans are diagnosed with this deadly disease each year, most in the final stages. A typical prognosis for mesothelioma, at this stage, is about a year to live.

Mesothelioma, which occurs in 3 out of 4 cases in the mesothelial lining around the lungs, is often treated with surgery, radiation and chemotherapy, or a combination of, but most treatments are considered palliative rather than curative. That is, they reduce pain and improve breathing, but in most cases do not extend lifetimes beyond a few months at best. Pemetrexed and cisplatin, a platinum-based compound, are the chemicals of choice for treating mesothelioma.

The addition of cediranib maleate (sometimes called AZD2171, or Recentin), because of its ability to block the delivery of needed enzymes and blood to cancer cells, is expected to improve the performance of the Alimta/cisplatin package of chemotherapy agents.

February 26, 2011

Roche Accutane Inflammatory Bowel Disease Trials

by Dr. Shezad Malik

As a Fort Worth Accutane Inflammatory bowel disease attorney, I am writing about the upcoming trial in New Jersey state court. These trials have been anticipated for a long time and will inject Hollywood into the proceedings, as one of the plaintiffs is a film actor.

Trial will began this week in New Jersey state court, for three plaintiffs who allege that they suffered severe bowel disease from Accutane.

Roche faces 3,000 Accutane bowel lawsuits, which all involve allegations that the drug maker failed to adequately warn users about the potential risk of injury associated with the acne medication. The plaintiffs claim there is an increased risk of inflammatory bowel disease (IBD) from Accutane (isotretinoin), which could lead to ulcerative colitis, and Crohn’s disease.

Roche has lost all six Accutane trials that have previously reached a jury.

The number of Accutane complaints filed in New Jersey continues to increase as former users discover that there may be a connection between their bowel problems and Accutane.

The next Accutane trial is scheduled in May 2011, and involves a case filed by Kamie Kendall. The earlier verdict was reversed on appeal because Roche was denied introducing evidence about the number of individuals who have used the acne medication over the years.

February 24, 2011

Personal Injury, Wrongful Death and Car Accidents

by Dr. Shezad Malik

As a Dallas car accident attorney, I am writing to inform folks about the dangers to automobiles and drivers from highway construction zones.

Construction sites and highway construction zones are adversely impacted by poor communication, a work force in a hurry, third party contractors, a mind set of profits before people and safety and negligence.

The first rule of safety is to eliminate the danger; if that is not possible, then the second rule of safety is to barricade the danger and if that is not possible then you communicate the danger and warn. The trouble is how can you communicate with somebody who does not understand or speak English.

Safety violations can occur; by breaking and ignoring local, municipal, city, county, state or federal regulations, for example when equipment is left too close to the side of the road, or when proper safety policies and procedures are not followed, construction companies and employers can be held financially liable.

Highway and road construction zones are the most dangerous road conditions in Texas. In the Dallas/Fort Worth area major highways and thoroughfares are always under construction, leaving drivers to deal with improperly marked roads, obstacles, and other hazardous road conditions. In our Metroplex, we have over 6,000 miles of highways and roads. Hundreds of drivers and passengers of cars, semi-trucks, buses and motorcycles are injured or killed every year in construction zone accidents that could have been easily prevented and avoided.

If you or a family member has been injured in a highway or construction zone car accident, there may be more than one party that can be held responsible and required to compensate you for your injuries. Road maintenance crews, highway design engineers, and other drivers are often held legally accountable for their negligence Contractors, subcontractors or government agencies in charge of construction zones may also be held liable if they were negligent in their duties.

The following is a list of some factors that may lead to an auto accident in a construction zone:

Substandard road maintenance
Unmarked or unfixed potholes
Dangerous gravel on the road or road resurfacing
Slippery road surfaces due to spills especially chemicals or oil
Substandard or defective marked construction zones
Dangerous unmarked changes in road conditions
Defective or missing Guardrails
Substandard marked intersections
Negligently or reckless designed roadways, bridges, and rights-of-way

February 23, 2011

Colorado Bus Crash Law Suit Against Texas Bus Company

by Dr. Shezad Malik

As a Fort Worth Bus Accident attorney, I am reporting this bus crash lawsuit, which was just filed in Fort Worth district court.

A lawsuit was filed against a Fort Worth-based bus company on behalf of Denton church members who were injured in a Colorado bus crash in December.

The defendants are the bus driver, Fred Kornegay of Grand Prairie, and the bus company, Gotta Go Express Trailways Inc. in Fort Worth.

The members of Trinity United Methodist Church in Denton were injured during a ski trip to Crested Butte, Colo. There were 46 people on the bus, including the driver.

The group was on Highway 114 outside of Gunnison, Colo., when the bus went out of control, collided with a post and rolled down an embankment striking a tree.

Colorado investigators determined that Kornegay was driving at high speeds before the crash, including passing as many as three vehicles at a time on a two-lane road — despite dangerous icy conditions and decreased visibility.

Kornegay was issued a citation by Colorado authorities for careless driving in the crash.

February 22, 2011

Darvocet, Darvon, and Propoxyphene MDL March Hearing

by Dr. Shezad Malik

As a Fort Worth Darvon, Darvocet and Propoxyphene recall attorney I am providing this update regarding the upcoming MDL hearing, presently set for late March in California.

There is going to be a hearing that will decide whether all Darvon and Darvocet lawsuits should be consolidated for pretrial proceedings as part of an MDL, or multidistrict litigation in federal court.

The U.S. Judicial Panel on MDL (JPML)has set a hearing for March 30th in San Diego, where they will consider the proposed consolidation of the Darvon and Darvocet litigation.

There are currently at least four different lawsuits over Darvocet that have been filed against Xanodyne Pharmaceuticals in three different federal district courts.

All of the suits contain allegations that the manufacturer failed to adequately research the side effects of Darvocet and Darvon and failed to warn doctors and patients that propoxyphene-based drugs caused heart rhythm problems that could sometimes be fatal.

A Darvon and Darvocet recall was issued on November 19, 2010, after the FDA determined that propoxyphene-based painkillers may increase the risk of heart rhythm abnormalities, including heart arrhythmias or sudden heart-related death.

Multidistrict litigation, and centralization is common in complex product liability claims involving a large number of lawsuits over injuries associated with a particular product. The process is designed to avoid duplicate discovery, prevent inconsistent rulings by different judges and to promote the efficient litigation of the cases.

Xanodyne has opposed consolidation of the Darvocet litigation, stating that much of the evidence and discovery in the cases will focus on the individual health of each plaintiff. The company also stated that some plaintiffs took versions of Darvon or Darvocet that were not made by Xanodyne, and so arguing that the Xanodyne could not be held liable in these cases.

Furthermore, Xanodyne argues that the cases should be centralized in the Eastern District of Kentucky, where the drug maker is headquartered.

February 21, 2011

Accutane Inflammatory Bowel Disease

by Dr. Shezad Malik

As a Fort Worth Accutane Inflammatory Bowel Disease attorney, I am providing this latest update to the Accutane lawsuits which have been filed in New Jersey.

3,000 Accutane lawsuits have been filed in New Jersey state court, Atlantic City, alleging that makers of the acne skin medication failed to adequately warn about the risk of inflammatory bowel disease, particularly Ulcerative Colitis and Crohn’s disease.

All of the New Jersey state court lawsuits over Accutane and generic versions have been consolidated as a Mass Tort.

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The first Accutane lawsuit was filed on September 23, 2004 and the 3,000th case was filed earlier this month, on February 9, 2011.

Roche discontinued Accutane in June 2009 due to the increasing costs associated with the Accutane litigation, but a number of generic versions remain available under names such as Claravis, Sotret, Amnesteem and generic isotretinoin.

Roche has lost all six cases that have reached a jury verdict.

A trial is scheduled to begin this month before Judge Higbee involving three Accutane suits, including one brought by actor James Marshall.

February 20, 2011

Federal Lawsuit Claims Military Fails to Prevent Sexual Abuse

by Dr. Shezad Malik

As a Fort Worth Sexual Abuse attorney I am writing about a recent sexual abuse Federal lawsuit involving the armed forces.

A federal lawsuit alleges the Department of Defense of allowing a military culture that fails to prevent rape and sexual assault, and of mishandling cases that were brought to its attention, therefore violating the plaintiffs’ constitutional rights.

The suit — brought by 2 men and 15 women, both veterans and active-duty service members — specifically claims that Defense Secretary Robert M. Gates and his predecessor, Donald H. Rumsfeld, “ran institutions in which perpetrators were promoted and where military personnel openly mocked and flouted the modest Congressionally mandated institutional reforms.”
The suit, which was filed in Federal District Court in Virginia, seeks monetary damages, and those involved with the case said their goal was an overhaul of the military’s judicial system regarding rape, sexual assault and sexual harassment.

February 18, 2011

Merck Wins 3rd Fosamax Osteonecrosis Lawsuit

by Dr. Shezad Malik

As a Fort Worth Fosamax osteonecrosis attorney I am reporting this 3rd win by Merck.

Merck & Co. won a lawsuit brought by a patient who said the company’s osteoporosis drug Fosamax caused dental and jaw problems.

A jury in the Superior Court for Atlantic County, N.J., found that Fosamax did not cause the patient’s dental and jaw problems.

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The patient used Fosamax from 1999 to 2006, and suffered jaw problems after having a tooth removed in December 2005. Merck said the woman’s history of dental problems and use of steroid medications contributed to those problems.

Merck has more than a thousand lawsuits brought by patients who say they developed jaw and dental problems including osteonecrosis of the jaw — or rotting of the jawbone — after using Fosamax. Merck has now won three of the four lawsuits that have gone to trial.