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Posts tagged "medical malpractice"

Lack of Protocol Leads to the Fatal Blood Transfusion of a 23-Year-Old Patient

On December 8, 2018, a 23-year-old leukemia patient died, two days after receiving a transfusion tainted with a bacterial infection at the MD Anderson Cancer Center in Houston, Texas due to the uncovering of systematic safety lapses. The patient had a history of acute lymphoblastic leukemia and her complications included viral-induced bladder inflammation and the placement of a tube that allows direct drainage from the kidney, so she needed daily blood transfusions. Unfortunately, it was unbeknownst to the medical staff that the infusion the patient received one day was contaminated with a harmful human pathogen called Serratia Marcescens, which is rarely found in blood transfusions.

Jury Awards $229M in Medical Malpractice Lawsuit

A Baltimore jury has awarded $229M in what is thought to be one of the largest jury awards for a medical malpractice lawsuit. The lawsuit was brought by a woman who alleged that her daughter suffered a brain injury at birth that now requires around the clock care.

Kansas Supreme Court Throws Out Longstanding Cap on Noneconomic Damages in Personal Injury Lawsuits

On June 14, 2019, the Kansas Supreme Court struck down Kansas' cap on damages for noneconomic damages in personal injury lawsuits on the basis that the cap was unconstitutional. In Kansans, the legislature imposed a limit on the amount noneconomic money damages a jury can award a plaintiff in personal injury cases. Kansas' overturning this cap is hopefully just the first domino toppling over, and soon to be followed by other states seeking to return power to the hands of the people.

Several Patients Sue Hospital over Infections

Several patients have filed suit against Porter Adventist Hospital and claimed that they went in for surgery, but left with infections. The suit states, "This lawsuit is premised upon allegations of corporate negligence by Defendant Porter and its leadership and staff, resulting in systemic and ongoing infection control breaches at Porter Adventist Hospital from mid-2015 through late 2018."

Kansas Supreme Court Strikes Down Cap in Injury Cases

The Kansas Supreme Court has held that the state's law regarding caps on certain damages for injuries in personal injury lawsuits is unconstitutional. Specifically, the court determined that caps on noneconomic damages should be removed. A majority of the justices ruled that the limits set by the Kansas legislature on nonecominc damages violate the Kansas constitutional right to a jury trial.

HIV Positive Nurse Possibly Exposed Patients to Virus by Stealing and Replacing Medication

Kyle Evans, an HIV positive registered nurse in Texas, has been charged with two felonies for tampering with a consumer product and drug conversion. The charges stem from an incident in February 2019 when Evans was caught stealing five vials of hydromorphone, a pain reliever, from his employer Northeast Methodist Hospital. The Department of Health was notified and an investigation launched immediately. During the investigation, a video was found that also showed Evans stealing the drugs.

Severity of Biologics

Biologics, a short term for biological medication, are typically prescribed to nurse autoimmune skin diseases, joints, and gastrointestinal system. They are one of the few drugs that are not made chemically, but instead are extracted from animal cells in laboratories. They are also given by either injection or IV. These drugs can cost up to more than $40,000 a year and are very established in the market. However, these biologic drugs tend to cause many severe issues to consumer's health, maybe more serious than prior to taking the drug. A list of common biologics are Remicade, Humira, Enbrel, Siliq, and Cimzia.

Texas Doctor Sentenced to 20 Years for Overdose Deaths

A North Texas physician was recently sentenced to twenty years in prison in connection with the death of seven patients from 2012 to 2017. Pain management doctor, Howard Gregg Diamond, is the former principal physician at the Diamondback Pain & Wellness Center in Sherman, Texas. In July 2017, Diamond was indicted by a federal grand jury after authorities found evidence that Diamond had written countless prescriptions for addictive opioid medications without a legitimate medical purpose since 2010. In July 2014, Diamond distributed or dispensed morphine, oxycodone, alprazolam, and zolpidem to a patient that resulted in the patient's death just ten days after the medications were prescribed. Law enforcement authorities also linked six other overdose related deaths to prescriptions written by Diamond between 2010 and 2017. The overdose deaths occurred in several cities in both Texas and Oklahoma.

VA Settles Lawsuit

On June 20, 2016, George Walker, then 75 years old, called the VA's American Lake Division and complained of shortness of breath and chest pain. Mr. Walker was directed to go to the American Lake Urgent Care. Mr. Walker went as instructed the following day. The staff at American Lake Urgent Care had him transported by ambulance to the VA's Seattle Division. He was diagnosed with aortic stenosis, which is a hereditary narrowing of the aortic valve; he needed a replacement. The VA scheduled his surgery for July 5, 2016, and sent him home. On July 1, Mr. Walker died at home. His widow, Peggy Walker, sued.

Patients Secretly Recorded at Hospital

Last month, a suit was filed against Sharp Grossmont Hospital on behalf of approximately 80 women who have alleged that around 1,800 patients were recorded during procedures such as childbirth and hysterectomies. Dr. Patrick Sullivan, former chief of anesthesia, claims he can corroborate the claims, and that he was forced out of the hospital after bringing his concerns regarding the filming.

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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    The firm successfully represented 45 personal injury victims in a plant fire and explosion, serving on the plaintiffs' steering committee, concluding with a settlement of more than $50 million.

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    The firm prevailed in a personal injury trial for a worksite injury client with the jury returning a verdict and resulting in a judgment of over $22 million for the firm's client.

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    The firm successfully achieved a $12 million settlement for the family of a man who died in an 18 wheeler collision.

  • $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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