Category: Legal Blog

Jamie Jones, the young woman who alleges that she was drugged and raped by her Halliburton/KBR co-workers while she was in Iraq, has filed suit in federal court in Houston. Halliburton wants to force Jones’s claims into arbitration per her employment contract, which is outrageous given the inquities of arbitration against the plaintiff. Halliburton’s attorneys argued that the contract…
A group of 11 plaintiffs, including the family of ex Dallas Cowboys player Ron Springs, filed suit recently in U.S. District Court in Marshall to challenge the constitutionality of the state’s medical malpractice caps. The Houston Chronicle has a story here. The article suggests that the non-economic cap of $250,000 is per defendant, which is not the case. The…
Medicare, soon to be followed by private health insurers, will no longer pay for medical treatment of preventable injuries caused by medical errors. Medicare lists eight “hospital-caused preventable injuries,” including urinary tract infections from catheters, falls, pressure sores, and embolism. After October 1st, if a Medicare patient develops one of these eight injuries, Medicare won’t pay for treatment. Apparently…
Actor Dennis Quaid and his wife sued the makers of heparin Tuesday after their newborn twins were inadvertently given massive doses of the blood thinner at a hospital. The product liability lawsuit, filed in Chicago, seeks more than $50,000 in damages. It claims that Baxter Healthcare Corp., based in Deerfield, Ill., was negligent in packaging different doses of the…
Every day, more and more gas drilling rigs pop up all over north Texas, mainly around Tarrant, Johnson and Parker Counties. And with the increased drilling activity comes a greater risk of injuries, both to workers and to those living around the wells. Today many residents in this area watched as huge flames and a billowing cloud of black…
Because of a mislabeled tissue sample that led to a misdiagnosis, Darrie Eason of Long Island, New York had both of her breasts removed to save her from a cancer that she never had. Thanks to insurance industry “tort deform” that swept through Texas in 2003, non-economic damages in a medical malpractice suit like Ms. Eason’s would be capped…
Historically in Texas, there were no particular rules regarding the division of fees among lawyers or the payment of a referral fee from one lawyer to another for forwarding the case. In 2005, however, the Texas Supreme Court enacted new referral fee rules which do away with “pure” referral fees (those where the referring lawyer has no role in…