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Dr Shezad Malik Law Firm has offices based in Fort Worth and Dallas and represents people who have suffered catastrophic and serious personal injuries including wrongful death, caused by the negligence or recklessness of others. We specialize in Personal Injury trial litigation and focus our energy and efforts on those we represent.

San Francisco Chronicle (6/23, Zito) reports, “The thousands of mine shafts that pockmark the Sierra Nevada and testify to California’s Gold Rush riches have also left a legacy of toxic contamination in some of the state’s popular recreation areas, according to a new study.

Soil tests on a handful of trails near mine mouths in the foothills have revealed extremely high levels of lead, arsenic and asbestos, said researchers at the Sierra Fund, a small environmental advocacy group.” Elizabeth Martin, chief executive of the group, said, “This is the longest neglected environmental problem in California.”

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The Minneapolis Star Tribune (6/23, Levy) reports on a case before the Minnesota Court of Appeals in which Burlington Northern Santa Fe is appealing “a record $21.6 million” verdict awarded “to the families of four young people killed in a 2003 train-car accident in Anoka,” MN.

BNSF attorney Sam Hanson said that Washington County Judge Ellen Maas’ “failure ‘to eliminate Minnesota state common law and replace it with federal regulations’ when instructing the jury at the start of the trial ‘entitled’ BNSF to a new trial, based on federal preemption.”

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A Dayton, Ohio, couple will receive $27,000 from the city in a settlement for their involvement in a car crash with a local police officer.

The lawsuit claimed that Officer Adam Sharp caused the accident with the couple when he was driving the wrong way on a one-way road without his lights flashing or siren on. The couple incurred $64,000 in medical bills related to their injuries, the Dayton Daily News reported.

Lucas Sullivan, Dayton Daily News 06/23/2010
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A former FedEx employee who was awarded damages in a sexual harassment lawsuit against the company will now be able to seek full punitive damages, a federal appeals court ruled.

Charlotte Boswell was awarded $300,000 for lost earnings, $250,000 for emotional distress and $2.45 million in punitive damages for the company’s violation of her rights in 2007.

A U.S. district judge cut the punitive damages to $300,000, which is the maximum amount set by federal civil rights law for punitive damages. The Ninth U.S. Circuit Court of Appeals granted Boswell a new punitive damages trial, saying “she should have been allowed to present her case for damages under California law, which has no dollar limit.” Bob Egelko, San Francisco Chronicle 06/20/2010

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ABC World News (6/28, story 7, 2:20, Sawyer) reported, “Two major studies have found the medicine called Avandia [rosiglitazone] could create a significant new risk of heart attack and other serious problems.”

The Washington Post (6/29, Stein) reports that one study, “involving more than 35,500 people, found that Avandia significantly raises the chances of a heart attack.” A separate study “of more than 227,500 Medicare patients — the largest such study to date — found that the drug boosts the risk for strokes, heart failure, and death.”

Los Angeles Times (6/29, Roan) reports that the first study “found Avandia raised the risk of heart attacks by 28% to 39% as compared with other diabetes medications. The study was published online in the Archives of Internal Medicine.”

Bloomberg News (6/29, Cortez) quotes Steven Nissen, MD, lead author of the study, as saying, “I think we’ve got more than enough evidence to say this drug should not be used.”

USA Today (6/29, Marcus) reports that in the second study, published in the Journal of the American Medical Association, “scientists from the Center for Drug Evaluation and Research at the Food and Drug Administration evaluated data from 227,571 Medicare beneficiaries taking either Avandia or Actos [pioglitazone hydrochloride].” The investigators found “no differences in the risk for heart attack between the two drugs, but the study found that compared with Actos, Avandia was associated with a 25% increased risk of heart failure, a 27% increased risk of stroke and a 14% increased risk of death.”

Lawmakers call for Avandia to be pulled from market. The Hill (6/28, Pecquet) “Healthwatch” blog reported that “Sen. Chuck Grassley (R-Iowa) and Rep. Rosa DeLauro (D-Conn.) on Monday called for the diabetes drug Avandia to be pulled from the market in the wake of two new medical studies.” In a joint statement, Sen. Grassley said, “The serious issues delineated in these two new, independent reports put additional onus on advisory committee members when they meet in July.”

Bloomberg News (6/29, Peterson, Cortez) reports that “Grassley and Senator Max Baucus, a Montana Democrat, in February released a report that said Glaxo knew Avandia may cause heart damage several years before” a “study documented the risk.”

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A lawsuit has been filed against the University of Cincinnati police and the University Hospital in the Taser death of a psychiatric patient.

Kelly Brinson was tased by police officers while under restraints at the hospital, the lawsuit claims, sending him into cardiac arrest and killing him three days later.

Brinson suffered from paranoid schizophrenia, bi-polar disorder, delusions and other mental disorders. The lawsuit accuses police of using extreme force and hospital officials of negligence in caring for Brinson. Eileen Kelle, The Cincinnati Enquirer 06/28/2010
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The diabetes drug Avandia, once the world’s top-selling diabetes medication, took two more hits with one new study linking it to an increased risk of heart attacks and a separate study linking it to an increased risk of heart failure and stroke.

The research comes only weeks before an upcoming federal hearing to reconsider its fate. Shari Roan, LA Times 06/29/2010
The drug, known by its generic name, rosiglitazone, was approved in 1999 to help people with Type 2 diabetes control their blood sugar. At the time, it was considered a safer alternative than existing diabetes drugs used instead of insulin. Soon after approval, the drug was linked to an increased risk of heart failure and bone fractures; worries about the drug’s safety increased in 2007 when a meta-analysis — a pooling of previous studies — concluded that the drug increased the risk of heart attack.

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A settlement has been reached between Bethany First Church of the Nazarene and Southern Nazarene University and five young girls who claimed to have been molested by the church’s elementary pastor.

The lawsuit claimed that Ryan Martin Wonderly molested the girls sometime before 2003 and that church and SNU officials were aware of his struggles with child pornography but still put him in charge of young kids. Wonderly is currently serving a 35-year prison sentence for child molestation. The exact monetary value of the settlement was not disclosed.

Nolan Clay, NewsOK.com 06/24/2010
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In the first frantic days after the blowout of the oil well in the Gulf of Mexico, crisis managers in Houston, concerned about the potential for an even greater catastrophe, weighed the risks of using more aggressive methods to try to control the well or leaving it alone, according to meeting notes and other documents.

A handwritten log was among hundreds of pages of unreleased documents obtained by The New York Times in which managers describe the desperate bid to control the subsea gusher that has spewed millions of gallons of oil into the gulf. Henry Fountain, The New York Times 06/22/2010
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The Los Angeles Times (6/28, Weber, Ornstein) reports that California’s “Board of Registered Nursing has discovered that some 3,500 of its nurses have been punished for misconduct by other states — hundreds even had their licenses revoked — while maintaining clean licenses in California.”

Now, “as many as 2,000 of these nurses…will face discipline in California, officials estimate.” According to the Times, “The board’s discovery was prompted by a Times/ProPublica investigation last year that found hundreds of instances in which California nurses had been sanctioned elsewhere for sexual abuse, neglect, rampant drug use and criminality but could work freely in California.”

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