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Texas Trial Lawyers Association


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  April 10, 2013

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The Plaintiff's Resource

Upcoming Online CLE

17
Apr

The Do’s and Don’ts of Private/ERISA, Medicaid, and Medicare Lien Resolution and Set-Asides

18
Apr

Building Credibility with Judges, Mediators and Opposing Counsel

24
Apr

Metal-on-Metal Hip Implant Litigation: The One-Hour Crash Course

30
Apr

How to Handle A Federal Tort Claims Act Case

8
May

Surviving Daubert Challenges

9
May

Serious Head Injuries: Using the Latest Medical Knowledge and Tests to Persuade Juries

Announcements


 

 

2013 TTLA Pharmaceutical & Medical Device Seminar, April 25-26

NOTE: Hotel room block ends on April 4th. Join WILLIAMS KHERKHER, CLARK, LOVE & HUTSON, G.P. and FIBICH, HAMPTON, LEEBRON, BRIGGS & JOSEPHSON, L.L.P. in Houston on April 25-26, 2013 for a ground-breaking new seminar. For the first time ever, these three law firms will join forces with TTLA to present a seminar dedicated solely to the fast-paced, ever-changing world of Pharmaceutical and Medical Device Litigation. This uniquely-structured seminar will feature updates on the hottest torts, panel discussions by leading mass tort attorneys, and speeches by TTLA legends Michael Gallagher, Tommy Fibich, John Eddie Williams and Ernest Cannon. The program is full of resources and networking opportunities for everyone, so join us for the newest TTLA seminar devoted to the trials and challenges of the mass tort lawyer. Click on the headline to learn more.  

 

Laws/Cases


 

 

Nev Jury Orders HMO to Pay $500M in Hepatitis Case

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A Nevada jury ordered the state's largest health management organization on Tuesday to pay $500 million in punitive damages to three plaintiffs in a civil negligence lawsuit stemming from a Las Vegas hepatitis outbreak. Two companies - both subsidiaries of publicly traded UnitedHealth Group Inc. - signed a low-bid contract with the physician who ran the clinic where the outbreak started, despite warnings that he sped through procedures and pinched pennies at his clinics so much that patients were at risk of contracting blood-borne diseases, attorneys for those suing the companies argued.
KEN RITTER, AP, Yahoo News 04/10/2013   Facebook iconTwitter iconLinkedIn Icon

Read Article: Yahoo News    

 

County Settles Discrimination Suit with Employees

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Lee County, Fla., has agreed to pay $292,500 to three Hispanic county workers who claimed they were discriminated against while working for the county jail from 2007-2009. The plaintiffs said they were harassed and discriminated against by a group of co-workers at the prison. The suit claims that the three men were fired after reporting the harassment.
Kristine Gill, Naples News 04/09/2013   Facebook iconTwitter iconLinkedIn Icon

Read Article: Naples News    

 

Texas Insurance Firm Accused of Defrauding VA Tech Students

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A Texas company that provided health insurance to Virginia Tech students fraudulently overstated claims by more than $9 million to boost its profits, according to a 57-count federal indictment unsealed Tuesday. The grand jury indictment in U.S. District Court in Abingdon charges GM-Southwest Inc. and its former owner, John Paul Gutschlag Sr., with racketeering, conspiracy, money laundering and fraud.
Associated Press, Virginian Pilot 04/10/2013   Facebook iconTwitter iconLinkedIn Icon

Read Article: Virginian Pilot    

 

Issues


 

 

Construction Booming In Texas, But Many Workers Pay Dearly

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Homebuilding and commercial construction may be an economic driver for the state, but it's also an industry riddled with hazards. Years of illegal immigration have pushed wages down, and accidents and wage fraud are common. Of the nearly 1 million workers laboring in construction here, approximately half are undocumented.
Wade Goodwyn, National Public Radio 04/10/2013   Facebook iconTwitter iconLinkedIn Icon

Read Article: National Public Radio    

 

Malpractice


 

 

Suit Over Dental Death Settled

 

A settlement has been reached in a medical malpractice lawsuit over the death of a Maryland teen who died after being deprived of oxygen during a routine wisdom teeth procedure. The girl suffered severe brain injuries during the March 2011 surgery and went into a coma shortly after, dying 10 days later. The lawsuit was filed against the anesthesiologist and oral surgeon involved in the procedure; the terms of the settlement were not disclosed.
Kevin Rector, Baltimore Sun  04/03/2013  Facebook iconTwitter iconLinkedIn icon

Read Article: Baltimore Sun    

 

Op-Ed


 

 

Black, Silver, Hyman: Tort reform not the tonic it’s touted to be

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In a March 25 commentary in the American-Statesman, Brooke Rollins of the Texas Public Policy Foundation touts the “Texas Miracle” wrought by medical malpractice reforms in 2003. Rollins focuses on the impact of tort reform on the number of physicians and claims that the “results speak for themselves.” And so they do, but they tell a quite different story than she does. In a forthcoming article that is currently being peer reviewed, we find no evidence that physicians fled Texas in great numbers prior to tort reform or returned in droves thereafter. To the contrary, by comparison to other states, Texas had a below-average physician-to-population ratio before tort reform and has a slightly worse ratio today.
Bernard Black,David Hyman,Charles Silver , Austin American Statesman 04/10/2013   Facebook iconTwitter iconLinkedIn Icon

Read Article: Austin American Statesman    

 

TEXAS LAWYER CASE SUMMARIES


 

 

Texas Supreme Court:: Health Law

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A hospital appeals the court of appeals' conclusion that expert reports were adequate as to causation. As articulated in Certified EMS, the Texas Medical Liability Act requires a claimant to timely file an adequate expert report as to each defendant in a health care liability claim, but it does not require an expert report as to each liability theory alleged against that defendant. The court of appeals judgment is affirmed, reversed in part, and remanded to the trial court. TTHR Limited Partnership D/B/A Presbyterian Hospital of Denton v. Moreno, Texas Supreme Court, No. 11-0630, 04-05-2013.
, Texas Lawyer Opinions (TTLA Members Only) 04/10/2013   Facebook iconTwitter iconLinkedIn Icon

Read Article: Texas Lawyer Opinions (TTLA Members Only)    


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