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Texas Trial Lawyers Association


This service sponsored exclusively by The James Street Group

  April 23, 2013

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The Plaintiff's Resource

Upcoming Online CLE

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

22
May

ERISA Subrogation

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


 

 

Firefighters File Suit over Hearing Loss

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A group of firefighters in Pittsburgh have filed suit against several manufacturers, alleging the volume of sirens on their fire engines have caused the plaintiffs to suffer hearing loss. The suit alleges the trucks "lacked sufficient insulation to protect firefighters' hearing" and that the plaintiffs have all suffered irreversible damage. The suit names truck and siren manufacturers as defendants.
Staff Report, Pittsburgh Post-Gazette 04/23/2013   Facebook iconTwitter iconLinkedIn Icon

Read Article: Pittsburgh Post-Gazette    

 

Coach Struck by Cart Sues Cowboys Stadium

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The former head football coach at Dekaney High School in Texas has filed a lawsuit against Cowboys Stadium, L.P. The man was struck by an unmanned electric cart after his team won the 2011 state championship. The plaintiff claims to have suffered extensive injuries and is set to have surgery later this year. The lawsuit is seeking more than $1 million in damages.
Angel Verdejo, Houston Chronicle 04/23/2013   Facebook iconTwitter iconLinkedIn Icon

Read Article: Houston Chronicle    

 

Medicare Plan Can't Sue Survivors in Federal Court - 9th Circuit

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A federal appeals court has limited the circumstances when a private health insurer that offers a Medicare Advantage plan may sue to recoup what it paid for a covered individual's medical expenses. The 9th U.S. Circuit Court of Appeals on Friday found PacifiCare of Arizona Inc, now UnitedHealthcare West, had no right under the federal Medicare Act to sue a deceased man's survivors for auto insurance proceeds to recover what PacifiCare had paid for the man's medical expenses.
Terry Baynes, Reuters 04/23/2013   Facebook iconTwitter iconLinkedIn Icon

Read Article: Reuters    

 

Issues


 

 

FDA Approved New Drug Despite Ongoing Investigation of Lab Misconduct

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Last week, ProPublica reported that the Food and Drug Administration allowed dozens of medications to stay on the market, even though the research designed to prove their safety and effectiveness was undermined by "egregious" violations at a major pharmaceutical research laboratory in Houston. New information shows that even after the FDA had cited the lab for falsifying data and other misconduct, the agency issued a brand new approval to a drug tested there.
Charles Seife and Rob Garver, ProPublica 04/23/2013   Facebook iconTwitter iconLinkedIn Icon

Read Article: ProPublica    

 

Study: Texting While Driving Unsafe by Any Means

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Typing out a text message while driving may be illegal by later this year, but the alternatives that drivers may turn to — including voice-to-text technology — will not be any safer, suggests a new study by the Texas A&M Transportation Institute.
Maurice Chammah , Texas Tribune 04/23/2013   Facebook iconTwitter iconLinkedIn Icon

Read Article: Texas Tribune    

 

Healthcare


 

 

Diagnostic Errors are Leading Cause of Successful Malpractice Claims

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Diagnostic errors, not surgical misadventures, obstetrical mistakes or improperly delivered medications, are the main source of successful malpractice claims. However, little is being done to identify such errors and measure their effects. Those are among the conclusions of a study that examined 25 years of malpractice payments, which by law have to be listed in the National Practitioner Data Bank maintained by the federal government.
David Brown, The Washington Post 04/23/2013   Facebook iconTwitter iconLinkedIn Icon

Read Article: The Washington Post    

 

Business Litigation


 

 

News Corp. Settles $139M Derivatives Lawsuit

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Rupert Murdoch and News Corp. have agreed to pay $139 million to settle a lawsuit filed by shareholders over alleged misdeeds and lax oversight. The suit was a derivatives lawsuit, meaning the shareholders sued in the name of the corporation to protect the company - shareholders in the suit accused Murdoch and other board members of "turning a blind eye to the phone hacking and other criminal activities occurring within the company's tawdry London tabloids." The $139 million payment will be paid to News Corp. from the company's insurance company.
Meg James, LA Times 04/22/2013   Facebook iconTwitter iconLinkedIn Icon

Read Article: LA Times    


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