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Tort Reform has not Increased the Number of Doctors in Texas

May 4, 2012 By Leave a Comment
ID-10014880

A new study by  David A. Hyman, Charles Silver, and Bernard Black shows that Texas Tort Reform measures have not increased the number of doctors in Texas since 2003. "Does state tort reform affect physician supply? Tort reformers certainly believe so. Before Texas adopted tort reform in 2003, proponents claimed that physicians were deserting Texas in droves. After tort reform was enacted, proponents claimed there had been a dramatic increase in physicians moving to Texas due to the improved liability climate. We find no evidence to support either claim. Physician supply was not … [Read more...]

Filed Under: Health, Medical Cases, Pharmaceutical Cases, Recent Tagged With: , , , , , , , ,

Texas Appellate Courts are More Likely to Reverse Plaintiff’s Judgments

May 2, 2012 By Leave a Comment
Gavel

The Dallas Morning News reports that a soon-to-be-released study shows Texas Appellate Courts reverse judgments for plaintiffs with alarming regularity, and at a dramatically higher rate than judgments for defendants: “The study, conducted by two appellate lawyers at Haynes and Boone, found the Texas appellate judges have an overall reversal rate of 49 percent when they review cases that the plaintiff won in the trial court and the defendant appealed. But those same judges reversed only 25 percent of the cases in which the defendant prevailed at trial and the plaintiff appealed. The Texas … [Read more...]

Filed Under: Recent, Uncategorized Tagged With: , , , , , , , , , , , , ,

Happy Stop The Texts Day!

May 1, 2012 By Leave a Comment
18-Wheeler

Distracted driving is a real scourge in our society.  Secretary of Transportation, Ray LaHood, has declared today #StopTheTextsDay asking Twitter for ideas on how best to fight this menace and convince people to put down the phone and drive.   Celebrities like Kasey Khane have even released public service announcements with the National Highway Traffic Safety Administration urging drivers to “STOP THE TEXTS STOP THE WRECKS.” Unfortunately, distracted driving isn’t just a problem amongst consumers.  Many employers still have policies that allow, or even encourage employees to use … [Read more...]

Filed Under: Automotive, Recent, Truck Accidents Tagged With: , , , , , , , , , , , , , ,

Dr. Kevin Karlson Writes About the Effects of Family Violence on Victims and Litigation

April 27, 2012 By Leave a Comment

This is a great article by Dr. Kevin Karlson about the effects of family violence on the victim's cognitive health, and what that means for a family law case.  If you have been the victim of family violence, call the police and get safe.  If they won't help, call me and I will do everything I can to get you a protective order.  Remember, in Texas the courts cannot charge a protective order applicant with any fees, and attorney fees are often recoverable from the losing party.  If you are in serious danger I want to help, or at least refer you to organizations like Friends of the Family, so … [Read more...]

Filed Under: Family Law, Recent Tagged With: , , , , , , , , ,

All-Metal Hip Implants Prone to Early Failure, Need to be Removed

April 27, 2012 By Leave a Comment

Great story by NPR on the continuing problems faced by patients who have recieved All-Metal Hip Implants. Implants Need To Be Removed Early by Richard Knox EnlargeRichard Knox/NPRYoung-min Kwon of Massachusetts General Hospital holds the metal-alloy ball of Susy Mansfield's faulty artificial hip joint. The yellowish tissue on top is dead muscle caused by a reaction to the metal debris produced by the defective hip implant. When Susy Mansfield needed a hip replacement in 2009, her orthopedic surgeon chose a relatively new and untested kind of artificial hip made … [Read more...]

Filed Under: Health, Medical Cases, Recent Tagged With: , , , , , , , , , , , , , ,

Federal Judge in Texas Upholds Med Mal Damages Cap

April 26, 2012 By 1 Comment

Originally posted at the Dallas Morning News: http://www.dallasnews.com/business/health-care/20120327-u.s.-judge-upholds-texas-cap-on-medical-malpractice-awards.ece By MARK CURRIDEN The Texas Lawbook mark.curriden@texaslawbook.net Published: 27 March 2012 08:55 PM A federal judge ruled Tuesday that a Texas law limiting noneconomic damages in medical malpractice cases to $250,000 is constitutional. The decision, applauded by tort reform advocates and denounced by trial lawyers and victims of medical malpractice, ends a four-year legal battle over … [Read more...]

Filed Under: Health, Medical Cases, Recent Tagged With: , , , , , , , ,

DuPuy / J&J Hip Recall Abroad

April 17, 2012 By Leave a Comment
jeffTH

The following article by Mark Hollmer at FierceMedicalDevices.Com reports how the Johnson & Johnson (Dupuy Orthopaedics) hip implant is being treated in courts and by regulatory agencies in the U.K, Australia and New Zealand. Read below. Johnson & Johnson  is facing more bad news over its metal-on-metal artificial hip implant products, this time in New Zealand and Australia. Both countries' regulatory agencies issued a recall of the MITCH TRH hip components made by J&J's Finsbury Orthopaedics unit. In New Zealand, the problem involves a loosening and movement of part of … [Read more...]

Filed Under: Featured, Health, Pharmaceutical Cases, Recent

J&J Faces Fines Drug Case

April 13, 2012 By Leave a Comment
rispRX

Arkansas is added to the growing list of states penalizing Johnson & Johnson based on allegations of misrepresentation of effectiveness and/or potential dangers of usage of pharmaceutical designed for the treatment of psychosis, schizophrenia and bipolar disorder. Read about this  in the article by Katie Thomas of The New York Times. A judge in Arkansas ordered Johnson & Johnson and a subsidiary to pay more than $1.2 billion in fines on Wednesday, a day after a jury found that the companies had minimized or concealed the dangers associated with an antipsychotic … [Read more...]

Filed Under: Health, Pharmaceutical Cases, Recent

Honda Recalls Weed Trimmers Due to Laceration Hazard

March 2, 2012 By Leave a Comment
hondaTrimmer

Unsafe products can cause serious injuries at the most unexpected times. Household names we all come to know and trust are no exception to oversites due to engineering, manufacturing or material shortcomings that require diligent testing and monitoring. Honda  has acted to recall certain gas powered weed and lawn trimmers within a designated manufacturing span denoted by listed serial numbers.  Awareness of such measures is one paramount to the safety of all consumers. Springer Lyle feels the information in this article should be made known so consumers who rely on Honda's reputation can … [Read more...]

Filed Under: Recalls, Recent Tagged With: , , , , , , , , , , , , , , ,

Emotional Distress without Physical Damages – Supreme Court to Review

January 13, 2012 By Leave a Comment
supremeCt

With a hat-tip to the blog, “How Appealing,” the ABA Journal is reporting that the 9th Circuit Court of Appeals has asked the Washington Supreme Court whether its product liability laws will allow a recovery emotional distress damages without evidence of any other injury. The case is based upon “glob of spit” found by a sheriff’s deputy on a Whopper. The deputy reportedly got an “uneasy feeling” about two of the Burger King’s employees, so he opened his burger before taking a bite. When he looked under the bun, Thomson Reuters News & Insight and SeattlePI.com report that he … [Read more...]

Filed Under: Bar Related, Recent Tagged With: , , , , , , , , , , , ,
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