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March 14, 2018

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Upcoming Online CLE
22
Mar
Ransomware: Holding Businesses Hostage in the 21st Century
23
Mar
Veterans Benefits and the Disability Compensation Process
28
Mar
Using the Code of Federal Regulations to Win Your Cases
29
Mar
Longshore Medical Treatment Orders =E2=80=93 Getting Your Clients Better Faster
4
Apr
Expert Investigations Using Plaintiff Only Databases
10
Apr
Pooled Special Needs Trusts and Medicare Set Aside: Use Them Together to Settle the Case
12
Apr
There's No Excuse for Financial Elder Abuse!
Announcements

Registration is Open! TTLA Midyear Conference & CLE Seminar, May 17-19
Join TTLA May 17-19, 2018 at the Marriott Marquis Houston for the 2018 Midyear Conference and CLE Seminar. network with fellow TTLA members, hear from a fantastic line-up of speakers, and earn MCLE credit! Click on the headline to learn more and register.

Texas Tribune Daily Brief

The Brief for March 14
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In today’s Brief: Students are planning to walk out of class to protest gun violence, most of Texas’ sanctuary cities law has been upheld, and some Hurricane Harvey victims are spending a lot of money to elevate their homes.
CASSANDRA POLLOCK, Texas Tribune 03/14/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: Texas Tribune


Studies/Reports

Audit: VA Incorrectly Recorded Hundreds of Patient Waiting Times
An internal audit published Tuesday by the Department of Veterans Affairs revealed that the agency incorrectly reported wait times experienced by veterans seeking first-time care from the agency's doctors. The report, issued by the agency's Office of Inspector General, found that the Veterans Health Administration incorrectly recorded wait times in 2017 experienced by veterans through its electronic records system, resulting in inaccurate public reports from the agency amid its wait-time scandal.
John Bowden, The Hill 03/14/2018 Facebook iconTwitter iconLinkedIn icon
Read Article: The Hill

Diagnostic Errors are Largest Contributor to Medical Malpractice Claims
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Errors related to diagnosis were the largest source of medical malpractice claims from 2013 to 2017, according to a new study, highlighting the challenges physicians face to make appropriate clinical decisions. The report, published by malpractice services provider Coverys, found 33% of malpractice claims were related to errors made during patient diagnosis and more than half of those claims involved poor clinical decisions. Diagnosis-related claims beat out all other reasons for malpractice lawsuits. Surgical or procedural claims were the second most common reason at 24% while medical management claims came in third at 14%.
Maria Castellucci , Modern Healthcare 03/14/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: Modern Healthcare


Laws/Cases

Dallas Family's Lawsuit Says Harnesses May Have Trapped Victims in Fatal NYC Helicopter Crash
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The family of a Dallas journalist who died in a helicopter crash Sunday says the harnesses passengers were wearing prevented them from escaping from New York City's East River. A lawsuit filed Tuesday in New York state court says Trevor Cadigan was unable to escape from his seat on the Eurocopter AS350B2 because of the harness he was cinched into. Cadigan, along with his friend Dallas Fire-Rescue firefighter Brian McDaniel and three other people, drowned when the charter helicopter capsized in the river, medical examiners said.
Claire Z. Cardona, Wire Services, The Dallas Morning News 03/14/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: The Dallas Morning News

Patients Mobilize to Take Legal Action Against Fertility Clinics with Malfunctions
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Two Cleveland attorneys said they have been inundated in the days since the University Hospitals Ahuja Medical Center’s Fertility Center disclosed late last week that it was notifying 700 patients that their eggs or embryos may have been damaged. The tissue was in a tank that lost liquid nitrogen, which is vital for temperature control. A second clinic, the Pacific Fertility Center in San Francisco, disclosed to The Washington Post on Sunday that it also had suffered a malfunction last week in a steel tank where hundreds of patients’ eggs and embryos were stored.
Amy Goldstein & Ariana Eunjung Cha, The Washington Post 03/14/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: The Washington Post

Hankook Tire Co. Hit With $37M Crash Verdict
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A Virginia federal jury hit Hankook Tire Co. Ltd. with a more than $37 million verdict on Friday in favor of a man who became a quadriplegic in a 2014 accident when his cement truck crashed due to a tire suddenly deflating. The jury unanimously found in favor of Robert Benedict in his suit alleging Hankook was negligent in its manufacture of the right front tire of the cement truck Benedict was driving for work in November 2014. The jury awarded Benedict $37.83 million.
Emily Field, Law360 ($) 03/14/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: Law360 ($)

$1.5B Settlement in Suit Over Syngenta Modified Corn Seed
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A $1.5 billion settlement was reached in a class-action lawsuit covering tens of thousands of farmers, grain-handling facilities and ethanol plants that sued Swiss agribusiness giant Syngenta over its introduction of a genetically engineered corn seed. Lawsuits in state and federal courts challenged Syngenta's decision to introduce its modified Viptera and Duracade corn seed strains to the U.S. market for the 2011 growing season before having approval for import by China in 2014. The plaintiffs said Syngenta's decision cut off access to the large Chinese corn market and caused price drops for several years. The settlement, reached Monday, must be approved by a federal judge in Kansas. It will create a fund to pay claims by farmers and others who contracted to price corn or corn byproducts after Sept. 15, 2013. If approved, money could be distributed to class members in the first half of 2019.
Associated Press, The New York Times 03/14/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: The New York Times

Texas Injury Ruling May Make It Easier To Use Video Evidence
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he Texas Supreme Court’s recent ruling on the admissibility of video evidence in a personal injury case will make it easier to get visual evidence before a jury, experts said, because the decision raises the bar for opposing parties who argue that such evidence is unfair to them. The state high court on March 2 ordered a new trial in a suit brought by Willie David Williams, an oil rig mechanic, who says his employer, Diamond Offshore Services, is responsible for a debilitating workplace back injury.
Y. Peter Kang, Law360 ($) 03/14/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: Law360 ($)


Labor/Employment

OSHA: Georgia Goodyear Plant Lapses Put Employees at Serious Risk
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A Goodyear Tire & Rubber Co. plant in Georgia faces about $70,000 in fines for failing to follow federal workplace safety laws that endangered workers. Investigators from the federal Occupational Safety and Health Administration imposed seven serious citations against the company in January after inspecting its plant last year in Social Circle, Georgia. Federal officials found the company failed to provide proper protective gear to workers processing rubber through hot metal presses with temperatures exceeding 350 degrees Fahrenheit. They also discovered hazards from unguarded machines, rainwater and leaking equipment that put workers at risk of slipping on the production floor.
Jennifer Gollan , The Center for Investigative Reporting 03/14/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: The Center for Investigative Reporting


Products

Ford Recalls Nearly 1.4M Cars
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A failure to properly affix steering wheels has triggered a recall of 1.38 million Ford and Lincoln cars in North America. Ford Motor said Wednesday that it is issuing a safety recall for the 2014 through 2018 model-year Ford Fusion and Lincoln MKZ sedans. The recall comes after officials discovered that the cars have "potentially loose steering wheel bolts that could result in a steering wheel detaching from the steering column," Ford said in a statement.
Nathan Bomey, USA TODAY, WFAA.com 03/14/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: WFAA.com


Wrongful Death

Southwest Airlines Accused of Failing to Secure Wheelchair Bound Passenger Who Died
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Southwest Airlines is facing a lawsuit alleging that it failed to properly secure a wheelchair-bound passenger, causing him to be thrown against a wall in the cabin. The man's family has sued to allege that the airline is responsible for the man's death months after the incident. According to the wrongful death lawsuit, the passenger suffered injuries on the flight which led to his death. The complaint cites the carelessness and negligence of airline employees.
Tony Rizzo, Kansas City Star 03/13/2018 Facebook iconTwitter iconLinkedIn Icon
Read Article: Kansas City Star



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