Patient Injury Reaches 33% in Skilled Nursing Facilities

Patient Injury Reaches 33% in Skilled Nursing Facilities

One out of three patients suffer some form of injury according to a report released March 3, 2014 by the U.S. Department of Health and Human Services. These injuries could result from medical error, infection, or other harm related to their treatment. An article published in Pro Publica reports that…

Ammonium Nitrate, the cause for the blast in West

Ammonium Nitrate, the cause for the blast in West

The following article is taken from the Houston Chronicle regarding the devastation experienced from the massive explosion in the city of West between Waco and Hillsboro, Texas. Click here to read the article and view additional pictures from the aftermath of this tragedy. Investigators confirm ammonium nitrate led to West…

1/5 of Commercial Vehicles were Found Unsafe

The Texas Department of Public Safety reports that one-fifth of commercial vehicles they inspected in in 2011 were unsafe: “Since the first of the year, Commercial Vehicle Enforcement personnel and specially-trained Highway Patrol troopers have inspected 331,505 commercial vehicles. As a result of these inspections, DPS removed 66,189 unsafe commercial…

Depakote Maker to pay $1.5 Billion to Settle Criminal and Civil Investigations

Last week, the Department of Justice Announced a record $1.5 Billion settlement with Abbott Laboratories over their mislabeling of the drug Depakote. “Global Health Care Company Abbott Laboratories Inc. has pleaded guilty and agreed to pay $1.5 billion to resolve its criminal and civil liability arising from the company’s unlawful…

Tort Reform has not Increased the Number of Doctors in Texas

Anew 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…

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

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…

Happy Stop The Texts Day!

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…

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 received 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…

Honda Recalls Weed Trimmers Due to Laceration Hazard

Honda Recalls Weed Trimmers Due to Laceration Hazard

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…

The New “Loser Pays”

The New “Loser Pays”

A lot of my friends have asked me about the new “loser pays” law and how I expect it to affect litigation in Texas.  For years, Texas and most other states followed the so-called, “American Rule” whereby litigants pay their own attorneys’ fees.  There were exceptions, such as certain statutory…