Dallas Personal Injury Lawyer Blog

Air Jack Explosion Results In 23 Million Dollar Settlement

 

A worker who is paralyzed due to an air jack explosion received a $23 million settlement. On Oct. 31, 2007, Joshua Goodson, then 30, was using a 73-ton inflatable air jack while working at Stryker Creek Power Plant when the air jack exploded. It struck him in the head and back, leaving him paralyzed from the chest down. He blamed Stryker Creek (which is owned by Luminant Generation Company), as well as the air jack's manufacturer, Molded Products Co., and its designer and seller, Air Jack Hydraulic. Goodson claimed the air jack was defectively designed and rushed into production without adequate testing. He also alleged Molded Products and Air Jack Hydraulic had notice as early as 1995 that the product had a propensity to explode. The defendants argued that Goodson's misuse of the product caused the incident, but all three agreed to pay in to the settlement.

Motorcycle Crash Results in 900k Settlement

A trucking company agreed to pay $900,000 to the mother of a motorcyclist who was fatally struck by one of its vehicles. On Aug. 14, 2007, Preston Timothy Gleason, 21, was hit by a tractor-trailer at the intersection of Highway 121 and Alma Drive in Collin County. The motorcyclist, who was wearing a helmet, died at the scene. His mother, Pam Gleason, sued truck driver Bobby Phillips and the truck's owner, McCraw Cargo Express LLC, alleging Phillips ran a red light. The defense argued that even though the motorcyclist had the green light, he should have allowed the intersection to clear before he entered it. The settlement was reached through mediation.

Mechanic Injured in Truck Collision Recovers $705,374

A mechanic who claimed he sustained career-ending injuries in a collision with a tractor-trailer recovered $705,374. On Oct. 13, 2004, Billy Burnett, then 41, was driving on State Highway 36 in Lufkin when he collided with the trailer as it was making a left turn. Burnett alleged the trailer, which was owned by Pilgrim's Pride Corp. and operated by employee Jack Alton Sherman, was overloaded and that this prevented Sherman from making the turn at the speed needed to avoid the crash. Burnett sustained femur, tibia and ulna fractures, a torn meniscus and a brachial plexus injury to his right arm. He said the arm injury resulted in loss of sensitivity and grip strength, rendering him unable to work. The defense argued that Burnett had plenty of time to stop before the crash and accused him of driving while impaired. The jury found Pilgrim's Pride 25 percent, Sherman 40 percent and Burnett 35 percent liable. It determined that Burnett's damages were $1,085,190, but the award was reduced due to the finding of comparative negligence.

Medical Malpractice Reform Does Not Reduce Health Care Costs

 

This article appeared in the associated press regading medical malpractice reform and how or if it affects health care costs:

"THE ISSUE: Would restrictions on medical malpractice lawsuits mean cheaper health insurance?

THE POLITICS: Republicans rally around the idea that the health system would save substantial money if limits were placed on frivolous lawsuits by patients or their families, and on the size of awards paid out when medical mistakes are made. Some in the GOP see "tort reform" as a magic bullet for runaway costs and have been pushing it for years. The proposal never goes far with most Democrats, who call it a red herring. This contest of ideas has as much to do with special interest groups as with the two parties. Trial lawyers, who oppose proposed limits on the suits, are heavily connected with Democrats in their political contributions. Traditionally, doctors have given more to Republicans. Their leading trade group, the American Medical Association, counts controls on medical liability as a priority. President Barack Obama opposes what he calls "an artificial cap" on malpractice awards.

WHAT IT MEANS: Lawsuits - or the threat of them - can drive up health care costs in several ways, but it's questionable by how much. Most directly, malpractice insurance is expensive for medical professionals, and it can cost upward of $100,000 to bring a case to court. Still, the nonpartisan Congressional Budget Office estimated last year that savings achieved by limiting medical liability would amount to less than 0.5 percent of health care spending. In addition, the office studied states with their own controls on medical lawsuits. It found no proof that those limits have reduced "defensive medicine" - expensive and unnecessary tests and procedures ordered by a doctor only to reduce the risk of a lawsuit."

5 People Die in Airplane Crash to OK

 

Five people from Tulsa were killed this morning when a small plane headed to Dallas crashed in an Oklahoma park, according to Tulsa media reports.

The plane apparently hit a cable before crashing and breaking apart about 10:40 a.m. in Chandler Park, a city park in west Tulsa.

About 10 minutes before the crash, the plane had departed Jones Riverside Airport, Oklahoma Highway Patrol spokesman George Brown said.

The victims, who died at the scene, were initially described as two men, a woman and two girls. All were from Tulsa, the Tulsa World newspaper reported.

The Oklahoma Highway Patrol is investigating the crash.

Texas Makes Millionaires of Wrongfully Convicted

 

Thomas McGowan's journey from prison to prosperity is about to culminate in $1.8 million, and he knows just how to spend it: on a house with three bedrooms, stainless steel kitchen appliances and a washer and dryer.

"I'll let my girlfriend pick out the rest," said McGowan, a Richardson man who was exonerated last year based on DNA evidence after spending nearly 23 years in prison for rape and robbery.

He and others in Texas, which leads the nation in freeing the wrongly convicted, will soon become instant millionaires under a new state law that took effect this week.

The former prisoners will get $80,000 for each year they spent behind bars. The compensation also includes lifetime annuity payments that for most of the wrongly convicted are worth between $40,000 and $50,000 a year – making it by far the nation's most generous package.

Pfizer To Pay Record Penatly For Drug Promotions

 

Federal prosecutors hit Pfizer Inc. with a record-breaking $2.3 billion in fines Wednesday and called the world's largest drugmaker a repeating corporate cheat for illegal drug promotions that plied doctors with free golf, massages, and resort junkets.

Announcing the penalty as a warning to all drug manufacturers, Justice Department officials said the overall settlement is the largest ever paid by a drug company for alleged violations of federal drug rules, and the $1.2 billion criminal fine is the largest ever in any U.S. criminal case. The total includes $1 billion in civil penalties and a $100 million criminal forfeiture.

Authorities called Pfizer a repeat offender, noting it is the company's fourth such settlement of government charges in the last decade. The allegations surround the marketing of 13 different drugs, including big sellers such as Viagra, Zoloft, and Lipitor.

As part of its illegal marketing, Pfizer invited doctors to consultant meetings at resort locations, paying their expenses and providing perks, prosecutors said.

"They were entertained with golf, massages, and other activities," said Mike Loucks, the U.S. attorney in Massachusetts.

Loucks said that even as Pfizer was negotiating deals on past misconduct, they were continuing to violate the very same laws with other drugs.

To prevent backsliding this time, Pfizer's conduct will be specially monitored by the Health and Human Service Department inspector general for five years.