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Product Liability Archives

Man Sues After Mouth Injury Allegedly Caused by Liquid Nitrogen Infused Cereal

On April 29, 2018, Russell Lane Mattison Jr. tried a liquid nitrogen-infused cereal called Dragon Breath at a kiosk inside a mall. After several bites, he experienced sudden and intense pain and his mouth filled with blood. Over the next several weeks, Mr. Mattison had difficulty eating and drinking due to sores on the inside of his cheek. Mr. Mattison filed suit.

Most Popular Morning Sickness Drug Zofran Presents Risks of Birth Defects

Zofran (ondansetron) is an antinausea drug originally developed to help cancer patients with the nausea and vomiting associated with chemotherapy and radiation treatments. The drug works by preventing a certain type of nerve receptor from sending signals that the brain interprets as nausea. As doctors started noticing how effective it was, they began to prescribe it to pregnant patients for morning sickness "off-label," which means that the Food and Drug Administration never approved it for that use. It became the most commonly prescribed morning-sickness treatment in America, but now hundreds of mothers are filing lawsuits against Zofran's manufacturers, claiming that it caused severe birth defects, including heart defects, cleft palates and lips, kidney malformations, skull deformities, and club foot.

FDA Warns Consumers Not to Use Dr. King's Homeopathic Products

On Wednesday, the Food and Drug Administration issued a warning to consumers not to use Dr. King's homeopathic and other drug products. This comes after King Bio Inc., the Asheville, North Carolina company that makes Dr. King's, expanded a voluntary recall to include all aqueous, or water-based drug products marketed for human or animal consumption. The FDA warned that Dr. King's products "may pose a safety risk to people (especially infants, children, pregnant women, and those with compromised immune systems), as well as pets due to high levels of microbial contamination identified at the manufacturing site." The FDA urged "that consumers stop using and dispose of these products immediately."

$289 Million Verdict Against Monsanto Roundup Weed Killer

Dwayne Johnson, 46, sued Monsanto at the Superior Court of California, alleging that the popular weed killer Roundup gave him terminal cancer. Johnson applied Monsanto's Roundup weed killer 20 to 30 times per year while working as a groundskeeper for a school district near San Francisco. He testified at trial that while using the product he had two prior incidents in which he was soaked with the product. In 2014, he was diagnosed with non-Hodgkin's lymphoma. The suit alleged that harmful contact with Monsanto's product caused the underlying cancer. After three days of deliberations, the San Francisco jury awarded Johnson about $39 million in compensatory damages and $250 million in punitive damages.

Jury Awards 289 Million to Cancer Victim: Concludes Roundup Toxic to Weeds and People

The Environmental Protection Agency scrutinizes chemicals before approving their use for the public, but when the manufacturer deliberately provides falsified data or hides the known hazards as a California jury recently decided, the results for the public are tragic, and the judgment against the manufacturer is costly. DeWayne Johnson is the first of hundreds of litigants nationwide to be heard in court for their claims against Monsanto, the manufacturer of RoundUp, and is currently dying from his Non-Hodgkin's Lymphoma (NHL). Years of exposure to RoundUp were found to be a significant contributing factor. The cost to uninformed consumers significantly exposed to RoundUp has been the development of cancers including NHL and Multiple Myeloma (a bone cancer). This verdict has paved the way for what promises to be years of contentious litigation for Monsanto and potentially extreme costs for their product.

Officials Warned About Critical Flaw in Duck Boats Before Missouri Tragedy

Recently an amphibious craft commonly referred to as a duck boat capsized in Missouri, killing 17 and injuring seven others. Prior to this incident federal regulators warned about design flaws related to the WWII era amphibious landing craft.

Electronic Cigarette Battery Explosions

Electronic cigarettes (commonly referred to as e-cigarettes) were designed to offer a nicotine fix without the side effects of traditional tobacco cigarettes. However, a disturbing trend has emerged involving these popular devices. Many e-cigarettes use lithium batteries due to their ability to store large amounts of energy in a compact amount of space. However, the inherent characteristics of lithium batteries can cause these devices to become a mini bomb and spontaneously explode or catch fire in your hand or pocket.

Billions Awarded to Plaintiffs in Johnson & Johnson Talcum Powder Suit

On July 12, 2018, a jury in St. Louis awarded nearly $4.7 billion in total damages to 22 women and their families after they claimed that asbestos found in Johnson & Johnson talcum powder contributed to their ovarian cancer. The jury awarded $4.14 billion in punitive damages and $550 million in compensatory damages to the Plaintiffs for failing to warn about the cancer risks. This is an extremely high award for punitive damages and one of the highest in such cases so far. Johnson & Johnson intends to appeal the decision.

Dollywood Splash Country Sued for $2 Million Following Alleged Spinal Cord Injury

Dollywood Splash Country was recently sued by a woman who claims she suffered a compression fracture and other spinal cord injuries while riding a water coaster in summer 2017. Dollywood Splash Country, a water park subsidiary of Dolly Parton's famous theme park, Dollywood, is located in Pigeon Forge, Tennessee. The woman claims that she was injured while riding the RiverRush Water Coaster with her husband and their two daughters, despite following instructions from the theme park's staff. According to the company's website, the RiverRush is a water coaster in which guests are seated on a raft that races through powerful climbs, twists, and turns four stories in the air with riders experiencing four drops along 1,175 feet of track. The park allows a maximum combined guest weight of 700 pounds per raft, with a minimum height requirement of 3.5 feet.

Ikea Facing New Lawsuit from Toddler's Death

The parents of a California toddler crushed to death last year by an Ikea dresser have filed suit against the retailer, alleging the company knew for years that its dressers were unstable but neglected to redesign them.

Awards & Recognition

  • 2016-2017 Equal Access to Justice Champion

    The Equal Access to Justice Champions Program was started by the Houston Bar Association in 2006, to help ensure placement of Houston Volunteer Lawyers cases with pro bono volunteers. Originally, firms were tiered according to size, and firms within each tier committed to accept a certain number of pro bono cases from HVL each year for five years.

  • The National Trial Lawyers | Top 100 Trial Lawyers

    The National Trial Lawyers: Top 100 is an invitation-only organization composed of the premier trial lawyers from each state or region who meet stringent qualifications as civil plaintiff and/or criminal defense trial lawyers. Selection is based on a thorough multi-phase objective and uniformly applied process which includes peer nominations combined with third-party research.

  • Million Dollar Advocates Forum

    Established in 1993, the Million Dollar Advocates Forum (which includes the Multi-Million Dollar Advocates Forum) is one of the most prestigious groups of trial lawyers in the United States. Membership is limited to attorneys who have won million and multi-million dollar verdicts and settlements. There are over 4000 members throughout the country. Fewer than 1% of U.S. lawyers are members.

  • Recognized by Best Lawyers America | Abraham, Watkins, Nichols, Sorrels, Agosto & Aziz | 2017

    Recognition by Best Lawyers is based entirely on peer review. Their methodology is designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area.

  • Lead Counsel Rated

    In order to earn the Lead Counsel Rating, an attorney must not only demonstrate significant legal experience, but must also receive multiple peer recommendations advocating his or her ability. This is a key component in the screening process.

  • Texas Super Lawyers | Texas Monthly

    Each year, Super Lawyers recognizes the top lawyers in Texas via a patented multiphase selection process involving peer nomination, independent research and peer evaluation. The Texas lawyers who receive the highest point totals during this selection process are further recognized in Texas Super Lawyers Top Lists.

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  • $30 Million Personal Injury Burn Victims

    The firm prevailed on behalf of three burn victims with settlements totaling nearly $30 million.

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