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Texas Trial Lawyers Association


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  November 13, 2013

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Upcoming Online CLE

13
Nov

Search, Discover, Impeach. Maximizing Your Membership at TrialSmith.com

14
Nov

Handling a UM/UIM Case

19
Nov

Preparing a Plaintiff for a Defense Medical Exam

20
Nov

Suing Governmental Entities – Issues in Civil Rights Litigation

21
Nov

Double-Header for Doctors & Trial Lawyers: Part II - Examining Doctors Webinar: Why's and Wherefore's for Trial Testimony

Announcements


 

 

Annual Meeting & Advanced PI CLE December 5-6, Four Seasons, Austin

TTLA's top PI speakers will provide the latest tips and tools to enhance your practice, and this year's Annual Membership & Board Meeting will be the best opportunity to voice your opinion on some very important issues to be discussed. Keynote speaker at President's Luncheon: Evan Smith. Holiday Party features Joe Ely. Click on the headline to learn more & register.  

 

Laws/Cases


 

 

Johnson & Johnson Said to Agree to $4 Billion Settlement Over Hip Implants

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Johnson & Johnson has tentatively agreed to a settlement that could reach up to $4 billion to resolve thousands of lawsuits filed by patients injured by a flawed all-metal replacement hip, said two lawyers briefed on the plan. The tentative plan, which must win court approval, represents one of the largest payouts for product liability claims involving a medical device. The agreement will include those patients who have already been forced to have the device, known as the Articular Surface Replacement, or A.S.R., removed and replaced with another artificial hip, said the lawyers who spoke about the agreement only on the condition of anonymity.
BARRY MEIER, The New York Times 11/13/2013   Facebook iconTwitter iconLinkedIn Icon

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Teen's Parents Sue Accused Friendswood Sexual Predator

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A Friendwood man accused of luring a half-dozen teenagers into sexual encounters with fistfulls of cash is being sued by the parents of one teen for allegedly sexually assaulting and seducing their daughter. The lawsuit by the League City couple asks a jury to order Michael Wayne McIntosh, 62, to pay an unspecified amount in damages. The teenager is one of at least nine girls ages 15-17 police believe McIntosh enticed to his home, and investigators believe there are others.
Harvey Rice, Houston Chronicle 11/13/2013   Facebook iconTwitter iconLinkedIn Icon

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Deadly Boating Event Sparks Lawsuit

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The uncle of a man who died while racing in a championship offshore powerboat race in Key West, has filed a lawsuit against the organizer of the 2011 event. The plaintiff's nephew and another man were killed when their 46-foot catamaran did a reverse flip and crashed in front of thousands of fans. According to the lawsuit, "the defendants' rescue effort was improperly equipped, poorly coordinate and took too long to pull [the plaintiff's nephew] from the overturned catamaran, resulting in his drowning." The lawsuit names the offshore racing organization, its president and four other race officials as defendants and seeks more than $15,000 in damages.
Wire Report, The Sacramento Bee 11/13/2013   Facebook iconTwitter iconLinkedIn Icon

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Jury Awards $18M to Family of Drunk Driving Victim

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The parents of an 18-year-old boy, who was killed in a head-on collision caused by a drunk driver, has been awarded more than $18 million in their wrongful death lawsuit. The lawsuit was filed against the establishment which allegedly overserved the driver alcohol before he ended up driving the wrong way down Texas State Highway 358 in Corpus Christi and crashing into the 18-year-old's car, killing them both. The lawsuit focused on "Texas liquor liability laws and the responsibility of establishments that serve alcohol for subsequent accidents caused by their drunken patrons."
Staff Report, Business Wire 10/22/2013   Facebook iconTwitter iconLinkedIn Icon

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Issues


 

 

Special Report: Some Texas Schools Fail to Provide Catastrophic Care for Injuries

 

Catastrophic care insurance offers a safety net for students who suffer life-altering accidents or illness while participating in an extra-curricular school activity, with policies providing as much as $7.5 million of coverage in cases such as spinal cord injuries, brain injury, infection or stroke. But coverage is not mandatory in Texas, nor is it officially recommended by the state’s public school extracurricular governing body, the University Interscholastic League. Catastrophic care coverage is designed to provide for the tremendous costs resulting from a serious injury during a school event, such as spinal cord injuries suffered in football or brain and spinal trauma resulting from falls in cheerleading. Disability benefits, in-home custodial care and mobility equipment are among the items paid for from these policies, with maximum benefit levels ranging from $1 million to $7.5 million.
Corbett Smith , The Dallas Morning News  11/13/2013  Facebook iconTwitter iconLinkedIn icon

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Editorials/Columns/Letters


 

 

Editorial: Enforcement Authority to Prevent Another West

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State Rep. Joe Pickett, D-El Paso head of the House Homeland Security Committee, has spent a lot of time identifying gaps in Texas laws that contributed to the West disaster and finding potential legislative solutions to plug them. So this newspaper hopes that when Pickett rolls out a bill next year aimed at boosting the state fire marshal’s ability to enforce ammonium nitrate safety and security, the Republicans who control the Legislature will get on board.
Editors, The Dallas Morning News 11/13/2013   Facebook iconTwitter iconLinkedIn Icon

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Editorial: Texas Schools Owe Their Athletes Insurance Coverage

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Injury is part of the game, whether it’s football or any other sport. No one wishes for it, but no one denies it. High school athletes suffer an astounding 2 million injuries a year, with 500,000 doctor visits and 30,000 hospitalizations, according to the National Athletic Trainers’ Association. About 17 percent of Texas youths are uninsured, more than any state other than Nevada. If they are seriously injured playing school sports, they must hope their districts cover them. Georgia and Florida allow only high school athletes covered by insurance to suit up. Illinois recently passed a law requiring school districts to purchase at least catastrophic insurance. Texas should do no less for the young people taking the field for the honor of school and community.
Editors, The Dallas Morning News 11/13/2013   Facebook iconTwitter iconLinkedIn Icon

Read Article: The Dallas Morning News    


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