Identifying the Parties at Fault in a Truck Accident Case

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Learning how an accident occurred and who caused the wreck is the first step in deciding who to include in a personal injury lawsuit. This is a complicated process that requires an experienced attorney where a truck accident is concerned. The companies and firms involved in the transport of goods via 18-wheeler can be numerous, and often, more than one party may have been negligent in causing or contributing to an 18-wheeler accident. Potentially liable parties can include: Truck Drivers:  We have handled cases in which drivers have operated 18 wheeler trucks for long hours and were … [Read more...]

Injured by a Doctor? You’ll likely deal with the secretive Medical Board instead of open court

Fox 4 in Dallas did a great story on the Texas Medical Board and their contribution to physician discipline since tort reform in 2003.  According to the report serious disciplinary actions are down and the time taken to conduct investigations has risen.  Further, Doctor confidentiality and secrecy is maintained until a final disciplinary action is completed, leaving patients unaware of allegations of malpractice by doctors. Check the Fox 4 page for a video.  Some of the images are graphic and the stories are truly tragic.  Its a shame our state has fallen so far in protecting patient … [Read more...]

American Trucking Associations Support Congressional Mandate for Electronic Logging Devices in 18-Wheelers

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Many 18-wheeler accidents become more difficult to investigate due to missing or incomplete information concerning hours-of-service compliance. Electronic Logging Devices could assist in safety and compliance with federal laws by more closely tracking hours 0f service and other important metrics. The American Trucking Associations, along with other law enforcement and advocacy groups, recently signaled support for such a measure by sending a letter to members of the House and Senate who are currently negotiating safety regulations. “The Federal Motor Carrier Safety Administration has … [Read more...]

Tort Reform has not Increased the Number of Doctors in Texas

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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...]

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

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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...]

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

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...]

Honda Recalls Weed Trimmers Due to Laceration Hazard

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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...]

The Risks of Using Generic Drugs

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by Sarah Hoffman, SpringerLyle ••• In June of 2011, the United States Supreme Court decided an important issue regarding the warning labels on prescription drugs in Pliva, Inc. et al v. Mensing.  Mensing was a prescription drug failure-to-warn-case.  It dealt with prescription drug companies’ failure to put accurate warnings on their drug labels, leading to patients taking dangerous drugs that they otherwise would not have taken. In Mensing, the Court held that name-brand manufacturers of prescription drugs have an obligation, both under the federal regulations and under state … [Read more...]

Cancer Risk linked to Diabetes Treatment

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By Frank Lyle “Actos” is the brand name for a drug (pioglitazone) used to treat adult onset, Type-II diabetes. In June of 2011, The Food and Drug Administration (FDA) informed the public that this drug may increase the risk of bladder cancer. The FDA required new warnings to be placed on the medication’s label sold under the names Actos, Actoplus Met and Duetact. The drug has already been pulled off the market in France and Germany. It has been estimated that more than 2 million patients filled prescriptions for the drug between January 2010 and October 2010. Our attorneys at … [Read more...]

No Better Care, Thanks to Tort Reform

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Published in The Texas Tribune by guest columnist, Charles M. Silver In 2006, Dr. Howard Marcus wrote that Texas’ 2003 tort reform statute sparked an “amazing turnaround” in which doctors came to Texas in droves, instead of leaving the state as they had before. He was doubly wrong. Texas neither lost doctors before 2003 nor gained them especially quickly in subsequent years. In fact, according to statistics published by the Texas Department of State Health Services (TDSHS), the supply of active, direct patient care (DPC) doctors per capita grew faster from 1996 to 2002 than at … [Read more...]