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Texas Trial Lawyers Association


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  November 18, 2013

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Upcoming Online CLE

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

12
Dec

ERISA Subrogation

17
Dec

CMS Jumps Into the Liability Arena: Addressing Medicare Secondary Payer Compliance in Liability Settlements

Announcements


 

 

Sad News: Passing of Tommy Townsend

It is with a heavy heart that we inform you that our Executive Director Tommy Townsend passed away peacefully this morning with his family by his side. Tommy was diagnosed last week with an aggressive and very rare type of cancer. For the last twenty-three years Tommy has led our association with wise counsel, a clear vision of where the association needed to go, and what was needed to make it happen. When he joined TTLA in 1990, he brought his invaluable legislative knowledge and relationships to our association at a time of transition. His leadership provided the rudder we needed to navigate the changing political climate in Texas. He put together a staff that is second to none in the association world. His vision has made TTLA one of the only associations in the nation with a for-profit subsidiary, TrialSmith, that provides a great service to the plaintiffs bar all across the nation and a valuable business asset to TTLA. He led and managed the building of an association headquarters that is a tremendous long-term asset to the members of TTLA. Through his tenure he became a national leader among the state trial lawyers associations and the American Association for Justice. At the time we learned of Tommy’s passing, the staff was in a meeting with nine Past Presidents of TTLA , President-Elect Mike Guajardo and several other TTLA leaders, and me. As a member, you can rest assured that this group of leaders and TTLA staff will continue to lend their time and leadership as TTLA goes through this transition. We will forward information on arrangements when available. Please keep Tommy’s wife Cassie and his children Justin, Trent - his wife Ann and their daughter Zoe - and Blair foremost in your thoughts and prayers during this difficult time. Brad Parker TTLA President  

 

Laws/Cases


 

 

Settlement Reached in Bus Passenger Lawsuit

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Two women who were injured in a bus accident four years ago have settled their lawsuit against the driver of the semi involved in the accident. The plaintiffs were passengers on a bus that slammed into an overturned semi near Casper, Wyoming. The lawsuit accused the driver "of failing to use emergency flares or hazard triangles to warn other drivers that his tractor trailer was partially blocking the highway." The lawsuit had been seeking compensation for injuries and unspecified punitive damages, but the details of the settlement have not been revealed.
Joshua Wolfson, Billings Gazette 11/17/2013   Facebook iconTwitter iconLinkedIn Icon

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Student With Learning Disability Files Suit Against College

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A student at Rocky Mountain College in Billings, Montana has filed a lawsuit which she hopes will let her circumvent the math courses required for her to graduate. The plaintiff suffers from several medical conditions "including Asperger's, bipolar disorder, anxiety disorder, ADHD and dyscalculia — a mathematics learning disability." The plaintiff, who is an art student, tried to pass the math courses required for her to graduate, but was unable to complete them. The school denied her request to fulfill the requirements with other courses. The lawsuit claims that the school did not comply with the Americans With Disabilities Act and does not understand the plaintiff's disability.
Emily Atteberry, USA Today 11/15/2013   Facebook iconTwitter iconLinkedIn Icon

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Healthcare


 

 

The Biggest Mistake Doctors Make

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Not only are diagnostic problems more common than other medical mistakes—and more likely to harm patients—but they're also the leading cause of malpractice claims, accounting for 35% of nearly $39 billion in payouts in the U.S. from 1986 to 2010, measured in 2011 dollars, according to Johns Hopkins.
Laura Landro, Wall Street Journal - $$ Subscription Required 11/18/2013   Facebook iconTwitter iconLinkedIn Icon

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The Pros and Cons of Robotic Surgery

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The rise of "adverse events" during various robotic procedures has led to new government scrutiny, as well as a cautionary statement from the American College of Obstetricians and Gynecologists: "Robotic surgery is not the only or the best minimally invasive approach to hysterectomy…nor is it the most cost-effective." Does any of this warrant your flatly rejecting robotic surgery? Many experts say no. Every patient profile is different, and a robot is just another surgical instrument: It's only as good as the surgeon using it.
Stewart Pinkerton, Wall Street Journal - $$ Subscription Required 11/18/2013   Facebook iconTwitter iconLinkedIn Icon

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The Hospital Room of the Future

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Doctors and nurses, architects and designers all say the hospital room setting has an important but largely neglected role to play in the delivery of quality care and outcomes. Consider infections. One out of every 20 patients admitted to a hospital picks up an infection while there, according the Centers for Disease Control and Prevention. But recent studies indicate that at least half can be avoided. And the design of patient rooms is one of the best places to start.
Barbara Sadick, Wall Street Journal - $$ Subscription Required 11/18/2013   Facebook iconTwitter iconLinkedIn Icon

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