Dallas Personal Injury Lawyer Blog

Construction Accident Victim Gets 5M Settlement

 

 A man who sustained severe brain injuries in a construction accident received a $5 million settlement from the project's contractor and the subcontractor who hired him. In 2005, Jose Martinez, a 43-year-old father of two, was hired by Joe Ortiz to work on a Landstar Homes construction project in McKinney. Martinez was working on a scaffold without any fall protection when it gave way, causing him to fall and strike his head on the concrete floor. His wife, Martina Martinez, said he suffered permanent brain damage. He now functions as if he was a 1-year-old and requires round-the-clock care. She blamed Landstar and Ortiz, alleging they were negligent in failing to provide proper safety equipment. Despite initially denying liability, Landstar ultimately agreed to pay $4 million and Ortiz $1 million to settle the suit in mediation.

Worker Gets 1.3 Million for Train Collision

A jury awarded $1.3 million to two railroad workers who were injured when a string of railcars struck their locomotive. In 2007, conductor Russell Williams, then 45, and engineer Kelvin Brooks, then 39, were working in the Port Terminal Railroad Association's Pasadena yard when the collision occurred. Williams, the more seriously injured of the two, claimed he sustained a herniated disc that ended his career as a conductor. He underwent two surgeries in 2007, as well as a one-level lumbar fusion in 2008. Brooks sustained meniscus and ACL tears and a herniated lumbar disc. He underwent knee surgery six months after the accident. The PTRA, which controlled the railcars involved in the collision, argued that the crash occurred at only 1 mph and couldn't have caused the injuries.

Jury Awards 17 Million for Amputation Case in Dallas County

 

A jury has awarded $17,724,650 to a man who lost all four limbs because doctors failed to properly diagnose and treat an infection.

In 2003, David Fritzgerald developed an infection three days after undergoing ulcer surgery. He went into septic shock, developed gangrene, and had his arms and legs amputated below the knees and elbows before his doctors identified the infection as methicillin-resistant Staphylococcus aureus, or MRSA.

Fritzgerald sued his attending physician Richard Holmes and infectious disease specialist Meenakshi Prabhakar, contending they should have given him a wider spectrum of antibiotics while trying to identify the infection.

The doctors argued they gave Fritzgerald eight different antibiotics and consulted with several specialists before anyone knew what was wrong.

The jury found Prabhakar, but not Holmes, negligent. A cap on non-economic damages will reduce Fritzgerald's recovery to just under $7 million.

Baby Toys Recalled

 

Infantino has announced a recall of about 172,000 baby toys in cooperation with the Consumer Product Safety Commission (CPSC).

The toys are decorated with a blue metallic fabric that can detach, posing a choking hazard to young children.

The recalled toys include the following:

Toy Name	Model Number
Infantino Lil' Chef Set	158-201 and 558-201
Infantino Activity Stacker	158-202
Infantino Tag Along Chime Trio	150-3092

The model number is printed on a yellow tag.

The toys were sold at Babies "R" Us, Target, Wal-Mart, Meijer, and other specialty stores from June 2007 through February 2009 for between $10 and $20. They were made in China.

Rear-end Auto Accident Results in $101,914 Jury Verdict

 

On Jan. 13, a jury awarded $101,914 to a woman who sustained neck injuries in a rear-end collision. In 2005, Kathleen Burke was struck from behind by Sarah Toups as they were driving in Houston. Burke claimed she suffered soft-tissue injuries, with her neck being the primary area of concern. Her medical bills totaled $66,000, which included chiropractic care and $45,000 for three injections to help relieve neck pain. A landscaper, Burke said she didn't miss any work due to her injuries, but she still experiences intermittent pain. Toups argued the collision was unavoidable because Burke stopped suddenly in front of her. The defense also contended that Burke's medical treatment was excessive and some of it was unnecessary.

Bus Driver Not Found Negligent

 

 A jury rejected a woman's claim that a bus company was liable for injuries she sustained when she fell while inside one of its busses. In 2005, Delle Hymers, then 82, boarded a VIA Metropolitan Transit bus in San Antonio. Hymers, who uses a walker, claimed she was still in the aisle when the driver pulled away from the stop. The sudden movement caused her to fall, aggravating prior back injuries. She said the injuries interfered with her daily activities to the point where she could no longer live independently. She sued the VIA for $30,000, alleging its driver was negligent in failing to wait until she was seated before pulling out. VIA argued the driver operated the bus safely and obeyed all traffic laws and company regulations.

Jury Awards 1.5 Million Against Doctor Due to Medical Negligence

 

A jury awarded $1.5 million to a gunshot victim whose leg had to be amputated after he developed an infection while in the hospital. In 2004, Jerry Sylvester, who was in his early 20s, was brought to Christus St. Elizabeth Hospital in Beaumont after he was shot in the left leg. Dr. Charles Domingues, the on-call orthopedic surgeon, and nurses initially treated the wound and ordered antibiotics. However, Sylvester claimed no one irrigated, debrided or cleaned it below a depth of 1 millimeter until two days later. He alleged this led to an infection and, ultimately, the amputation of the leg below-the-knee. Domingues and Dr. Daniel Thompson, a surgeon also named in the lawsuit, argued they properly treated the wound and that taking more drastic measures sooner would have made it worse. The jury found only Domingues negligent. A suit against the hospital was dropped before trial.

1.6 Million Maytag Refrigerator's Recalled Due to Fire Hazard

 

The Maytag repairman has plenty of work to do now. Maytag has issued a recall of 1.6 million refrigerator units because of fire hazard.

The units were sold at department and appliance stores nationwide between January 2001 and January 2004. The Newton, Iowa, corporation has received 41 reports of refrigerator relay ignition.

Consumers are encouraged to check model and serial numbers printed on a label on the top-middle or left-upper side of the refrigerator liner for specific combinations, which are listed online.

Owners of the units are urged to schedule free in-home repairs by contacting Maytag.

Salesman Gets $450,000 For Slip and Fall

 

On Jan. 16, a salesman received a $450,000 settlement for knee injuries he sustained when he slipped and fell on a freshly mopped floor. In 2007, Omar Escamilla was working at the Micro Center store in Houston when he slipped, fracturing his patella in four places. Just prior to the incident, the floor was mopped by an employee of Jani-King of Houston, which is contracted to perform cleaning services at the store. Escamilla alleged the Jani-King employee failed to put out signs or other warnings that the floor was wet. Escamilla, who had recently completed a degree in law enforcement, said he is no longer able to pursue a career as a police officer because the injury limited his mobility. He sought $654,000 in future lost wages. Jani-King denied liability and disputed the lost wages claim.

Settlement for Nursing Home Neglect

 

On Jan. 8, Southfield Healthcare Center was ordered to pay $50,000 to the family of a former nursing home resident after a jury found that it failed to diagnose and treat the woman's ulcer. Francisa Gamez's adult children said their mother lived at the facility for one month before her death in February 2005. They claimed nursing home staff neglected Gamez and failed to notice that she had a large sacral ulcer, which they alleged was the origin of the sepsis that caused her death. The family's medical expert opined that had the ulcer been discovered earlier, it could have been treated and Gamez would have survived. Southfield denied the allegations and argued Gamez's death was the result of old age and other existing health problems. The jury awarded damages for Gamez's pain and suffering and the family's survival claims, but awarded no damages on the wrongful-death claim.