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August 7, 2019

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TTLA Annual: Registration is Open!
Registration is open for 2O19 TTLA Annual Meeting & CLE Seminar! We will be celebrating TTLA's 7Oth Anniversary at the historic Fort Worth hotel where TTLA's founders first met. Click on the headline to learn more & register:

Available on Demand: Changes to 18.001 Affidavits & Hospital Liens - What the Legislature Did and How to Adapt
During the recent legislative session, lawmakers made significant changes to the laws regarding 18.001 affidavits and hospital liens. During this webinar: - TTLA President Will Adams will discuss the legislative session. - TTLA members Judy Kostura and Guy Choate will walk you through the changes made by HB 1693 (18.001 affidavits) and HB 2929 (hospital liens) and theyâ??ll give you tips and strategies to help you adapt your practice to them. As part of your registration, youâ??ll receive a fully updated copy of Judy Kosturaâ??s definitive paper on subrogation and liens. Click on the headline to register.

Texas Tribune Daily Brief

The Brief for August 7
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In today's Brief: The latest on drama thatâ??s rattled the Texas House.
Cassi Pollock, Texas Tribune 08/07/2019 Facebook iconTwitter iconLinkedIn Icon
Read Article: Texas Tribune


Vanderbilt Doctors Admit Operating on Wrong Kidney
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Doctors at Vanderbilt University Medical Center in Tennessee have admitted that they accidentally operated on the wrong kidney of a patient. The doctors are now being investigated by the state for implanting a medical device into the wrong kidney of a patient. The woman who underwent the surgery filed a $20 million lawsuit against the medical center over the mistake. She died months later of heart issues, but her family is continuing the lawsuit and argues the woman died because of the doctors' mistake.
Brett Kelman, Tennessean 08/04/2019 Facebook iconTwitter iconLinkedIn Icon
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Boy Scouts of America Accused of Covered Up Rampant Abuse in Lawsuit
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A new lawsuit filed against the Boy Scouts of America accuses the organization of covering up rampant sexual abuse and identifies 350 previously unknown adult scoutmasters or members as abusers. The lawsuit was filed on Monday in Philadelphia County Common Pleas Court and accuses the organization of facilitating "a continuing and serious conspiracy to conceal and cover up" sexual assaults against children within their organization. The lawsuit was filed following an investigation that began in February.
Christina Zhao, Newsweek 08/07/2019 Facebook iconTwitter iconLinkedIn Icon
Read Article: Newsweek

Opioid Lawsuit Moves Forward in Arizona State Court
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A lawsuit filed by the city of Prescott, Arizona, against opioid distributors and manufacturers will move forward in state court, according to a federal judge. The lawsuit alleges the city has been "uniquely and disproportionately impacted by the opioid crisis." Further, the complaint alleges the defendants named in the lawsuit "engaged in an industry-wide effort to downplay the dangerous and deadly potential effects" of opioid misuse. The defendants include Purdue Pharma, Actavis Inc., McKesson Corp., and Cardinal Health, as well as individual members of those companies and local prescribers.
Jeannette Hinkle, Arizona Republic 08/06/2019 Facebook iconTwitter iconLinkedIn Icon
Read Article: Arizona Republic

Opiod Distributors Proposing $10B Payment to Settle State Claims
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McKesson Corp., Cardinal Health Inc. and AmerisourceBergen Corp. have proposed paying $10 billion to settle claims they helped to fuel the U.S. opioid epidemic, a sign of progress in resolving state lawsuits against the drug distributors, according to people familiar with negotiations. The companies, which deliver the majority of prescription medications to U.S. pharmacies, made the verbal proposal as part of talks with a group of state attorneys general, said three people familiar with the offer who asked that their names not be used because they weren't authorized to speak publicly.
Bloomberg Business Wire, The Dallas Morning News 08/07/2019 Facebook iconTwitter iconLinkedIn Icon
Read Article: The Dallas Morning News

Lawsuit Filed on Behalf of JPS Nurse Left With Brain Injuries After Elevator Malfunction
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A lawsuit was filed Tuesday against Thyssenkrupp Elevator on behalf of a John Peter Smith Hospital nurse (56-year-old Carren Stratford) who was left with serious brain injuries after she was crushed in an elevator accident. The lawsuit alleges Thyssenkrupp Elevator, the company hired to maintain the hospital's elevators, failed to perform routine maintenance, which led to a brake failure on Jan. 20.
Marjorie Owens & Ariel Plasencia, WFAA.com 08/07/2019 Facebook iconTwitter iconLinkedIn Icon
Read Article: WFAA.com

Houston Man Files Suit Against Home Depot Alleging a Toilet Fell on Him
Kevin Calvin filed a lawsuit against the Home Depot, which alleges negligence, on July 20 and said he sustained "significant and (severe) injuries" as a result of being struck by a falling toilet inside a southeast Houston Home Depot, according to court documents.
Michelle Iracheta, Houston Chronicle 08/07/2019 Facebook iconTwitter iconLinkedIn icon
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Nissan Pays Settlement in SC Teenâ??s Rollover Death
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Nissan has paid $1.5 million to settle a lawsuit alleging that an Aiken County high school senior was killed in a car crash due to air bags not being installed. The settlement between Nissan Motor Co. and the dead 18-year-old womanâ??s estate was announced Tuesday in federal court in Columbia before U.S. Judge Mary Geiger Lewis.
John Monk , The State 08/07/2019 Facebook iconTwitter iconLinkedIn Icon
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Self-Driving Trucks on I-45 Between Dallas & Houston
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Kodiak Robotics is putting down roots in Texas, and has become one of the first self-driving trucking companies operating in the state. The Dallas-to-Houston (and back) route features a safety driver behind the wheel. And humans take over for more challenging stretches between freeways and final destinations.
Orla McCaffrey, The Dallas Morning News 08/07/2019 Facebook iconTwitter iconLinkedIn Icon
Read Article: The Dallas Morning News

Wrongful Death

Appellate Court Rejects $100M Lawsuit Over Marine Recruit's Death
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A $100 million lawsuit filed by the family of a Marine recruit who died in a fall has been denied by an appellate court. A three-judge panel for the 6th U.S. Circuit Court of Appeals in Cincinnati rejected the family's lawsuit, citing a much-criticized Supreme Court precedent. The recruit died at a training base in Parris Island, South Carolina, in 2016. Investigators found evidence of hazing in connection with the fatal fall. A drill instructor was convicted by a military court and sentenced to 10 years' confinement for mistreating recruits.
Todd Spangler, Detroit Free Press 08/06/2019 Facebook iconTwitter iconLinkedIn Icon
Read Article: Detroit Free Press

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