Texas Serious Injury Trial lawyers Serving Texas Statewide from Houston, Corpus Christi, San Antonio and Austin, from El Paso to Arlington, Dallas, Irving, Garland, and Plano, from Fort Worth to Lubbock and Amarillo as Auto Accident Lawyers, Motorcycle and Big Rig Accident Attorneys, Product Liability Lawyers, Elder Abuse Attorneys, Food Poisoning Lawyers E. coli HUS, and Medical Malpractice Obstetrical Negligence and Birth Injury Attorneys.
Our Texas personal injury lawyers will attempt on the page below to answer questions that commonly arise about our various practice areas and focus on serious injury lawsuits. Our Texas auto accident lawyers and motorcycle and big rig truck accident attorneys, for example, answer the question most commonly asked by those seriously injured, in terms of how they can expect to recover their full measure of compensation where the driver of the other vehicle carries only the statutory minimum or minimal auto liability insurance. Our Texas medical malpractice lawyers will answer the question by what standard is physician negligence defined and how is it proven. Our Texas premises liability attorneys will explain the complexity of some "Slip and Fall" or "Trip and Fall" cases, in establishing a property defect or failure to reasonably maintain residential or commercial or public property. Our Texas food poisoning lawyers will discuss individual and outbreak cases, using E. coli HUS and TTP cases as one example of the serious medical consequences that can result from food contamination. Our Texas product liability lawyers will discuss the question often asked in terms of the benefits of pursuing an individual product defect case by an individual lawsuit or by opting-in to a class action. Our Texas elder abuse attorneys will consider the tragedy of senior physical abuse, our lawyers will distinguish elder neglect from abandonment, and discuss elder psychological abuse.Our Texas trial lawyers will consider representing the seriously injured throughout the state of Texas from Amarillo to Lubbock, Fort Worth, Dallas, Plano, Garland, Irving and Arlington to Austin, San Antonio, Houston and Corpus Christi; our Texas trial lawyers will consider serious injury auto accident, motorcycle and big rig truck accident lawsuits and premises liability litgation, product liability, medical malpractice, food poisoning and elder abuse cases.
We offer free consultations. You may submit the "Contact" form and one of our Texas trial lawyers will call you to discuss your case, offer our preliminary case evaluation and initial recommendations. You are also invited to ask about our Texas trial lawyer's qualifications and experience in the particular practice area and his experience in serious injury litigation, and any other qualifications questions that you may consider important in choosing the lawyer you consider best for your particular case. We are here to serve you.
In the final section of this page our Texas trial lawyers will discuss the complex subject of preparing and presenting the seriously injured client's damages to maximize the potential that the client will recover the full measure of his general damages and special economic damages, including the medical expenses that the seriously injured client will likely incur over the remainder of his life expectancy and the earnings losses the client has and will suffer over the years of his pre-injury work-life expectancy. This is a subject relevant to all of our practice areas, so that as simple or obvious the liability in a particular case may appear, every serious injury case is complex in the preparation and presentation of the client's general and special damages, recommending Texas trial lawyers experienced in serious and catastrophic injury litigation. To illustrate, a Texas auto accident lawyer may often be presented with a case in which the other vehicle plainly violated his client's right of way, yet while the liability in the case may be obvious, if the client is seriously injured, then the discussion of our Texas serious injury attorney strategies for maximizing the opportunities to obtain full compensation for the client's injuries, general damages and special economic damages, and those involved in identifying the well insured defendant able to pay the client's full measure of damages suggest the complexity of the serious injury Texas trial lawyer's responsibilities. The potential client might conclude, and the Texas medical malpractice attorney might well agree that the liability of the internist to misdiagnosed his disease, leading it to progress untreated is simple enough, or the anesthesiologist who fails to monitor his patient, resulting in severe brain damage, or the surgeon who leaves behind a sponge that results in a serious abdominal infection and organ damage, but as straightforward as the liability of the physicians, the Texas serious injury medical malpractice lawyer will recognize that demonstrating the full nature and extent of the client's injuries, and his general and special damages will be complex. And the same complexities are inherent in the work of our Texas product liability lawyers, food poisoning attorneys, elder abuse lawyers and our serious injury Texas premises liability attorneys.
Our Serious Injury Texas Auto Accident Lawyers, Big Rig Truck and Motorcycle Accident Attorneys Define the Problem and Offer the Potential Solutions Where the Other Driver is Underinsured to Fully Compensate the Client for His Full Measure of Damages; Our Texas Auto Accident, Motorcycle and Large Commercial Truck and Big Rig Truck Accident Lawyers Will Consider Representing the Seriously Injured Across the State of Texas from Houston, Corpus Christi, San Antonio and Austin, from El Paso to Arlington, Dallas, Irving, Garland, and Plano, from Fort Worth to Lubbock and Amarillo.
Our Texas auto accident attorneys, motorcycle accident lawyers and big rig truck accident attorneys will consider representing the seriously injured across the state of Texas from Amarillo to Corpus Christi, in Houston, Dallas, San Antonio, Austin, El Paso, and Fort Worth, Arlington, Plano, Garland, Lubbock, Irving, and Laredo. Our Texas auto accident lawyers will consider representing those who have suffered serious injuries in Texas accidents statewide.
Our serious injury Texas auto accident lawyers offer free consultations. You may submit the "Texas Accident Attorneys Contact Form" and one of our car accident lawyers or Texas motorcycle or big rig truck accident lawyers will call you to discuss the facts of your case, offer our preliminary case consultation and initial recommendations. You are invited to ask the Texas trial attorney about his qualifications and experience in Texas auto accident or motorcycle or large commercial truck or big rig truck accident lawsuits, and his experience in serious injury litigation as well as any other qualifications questions you may deem important in selecting the Texas accident lawyer best suited to represent you.
One of the first questions that our Texas auto accident lawyers, motorcycle accident attorneys and big rig truck accident lawyers are asked by the potential client who has been seriously injured is how we could expect to recover the fair measure of compensation for his injuries and general and special damages when the other auto driver likely has only the statutory minimum liability coverage, or in the case of a big rig truck driver, likely no more that one million dollars in coverage.
Motorcycle accidents commonly result in very serious injuries, as do big rig truck accidents, for the obvious reasons. But any car accident can result in very serious injuries and general damages, including the client's "loss of enjoyment of life" damages, discussed in the final section of this page, and the measure of his past and future medical expenses that he will incur over the remainder of his life expectancy and past and future earnings losses may measure in the millions or many millions of dollars. Car accidents, motorcycle and big rig truck accidents my result in traumatic brain injury, TBI, serious orthopedic injuries, serious spinal cord injuries including quadriplegia and paraplegia, serious internal injuries and limb amputation, as examples. The serious injury Texas accident lawyers responsibilities, however, include not only engaging the teams of experts essential to demonstrate the full measure of the client's damages but, equally important, to exhaust all opportunities to identify the insurance or other properly sued third party defendants will insurance adequate to pay the full measure of the client's damages.
In the very rare case will the solution be simple, for example, where the client has multimillion dollar uninsured/underinsured motorist coverage or another applicable policy of insurance or where the other party is well insured or has an applicable umbrella policy or excess or other adequate insurance policy. However, most commonly the serious injury Texas auto accident lawyer will be required to use his knowledge of the law, his investigative skills, creativity and aggressive advocacy skills to identify a proper third party defendant with adequate insurance or assets to pay the full measure of the client's damages and develop the evidence to establish its liability.
Because the solutions can be different in serious injury car and motorcycle accident litigation, and big rig truck accident lawsuits we will discuss them separately.
Our Texas Auto Accident Lawyers and Motorcycle Accident Attorneys Discuss Establishing the Independent or Vicarious Liability of the More Well Insured Third Party Defendant; Our Texas Car and Motorcycle Accident Attorneys Serve our Clients Across Texas from in Houston, Dallas, San Antonio, Austin, El Paso, and Fort Worth, Arlington, Plano, Garland, Lubbock, Irving, and Laredo, from Amarillo to Corpus Christi.
One tool that serious injury Texas auto accident lawyers and motorcycle accident lawyers have in their arsenal of tools for identifying defendants in addition to the other driver who may be properly sued and held liable to pay the client's full measure of damages includes "vicarious liability theory." In its most common application it is used by serious injury Texas auto and motorcycle accident attorneys to file suit against the other driver's employer where evidence can be established that the other driver was operating his vehicle "in the course and scope of his employment."
There are abundant ways in which the experienced serious injury Texas auto accident lawyer can seek to establish the employer's vicarious liability for the negligence of its employee. In one such case described under "Recent Jury Verdicts and Settlements" in the left column of this page, a motorcyclists suffered a lower leg amputation as the result of an intersection accident in which he was splitting lanes between two left turning vehicles. The driver of the vehicle that hit the motorcyclists had only a statutory minimum auto liability policy. The Law Group motorcycle accident lawyer's investigation determined that the other driver was commuting from his home to a work site at the time of the accident, but under the applicable law, accidents occurring on an employee's commute to work do not qualify as accidents occurring "in the course and scope of the driver's employment" and therefore would not normally justify application of vicarious liability against the employer.
However, the Law Group motorcycle accident lawyer conducted further investigation, including in his wide ranging interrogation of the other driver at his deposition and was able to establish that the driver was carrying tools in the trunk of his vehicle that might have been used at the work site that day and thus was able to establish the employer's vicarious liability, yielding the multimillion dollar settlement.
And there are other ways that the serious injury Texas auto accident lawyer or motorcycle accident attorney can often establish the other driver's employer's vicarious liability. At the bottom of the left column of this page we discuss serving subpoenas to obtain the other driver's cell phone records and interrogating the driver in deposition with regard to the nature and subject matter of his cell phone calls to determine if he made business calls on the trip in which the accident occurred. The serious injury Texas auto accident lawyer has indeed an arsenal of tools available to creatively and aggressively investigate to identify evidence of the defendant vicariously liable for the other driver's negligence.
Additionally, the serious injury Texas auto accident lawyer can often identify well insured third party defendants independently liable for the accident. Commonly the Texas auto or motorcycle accident lawyer will send his accident investigators and accident reconstruction experts to the scene of the accident to identify, for example, road design defects or defects in the roadway resulting from the failure to adequately maintain it that the attorney can establish contributed to the accident, in which case the public entity responsible for the design or maintenance of the roadway properly may be sued. An example of a design defect might be the failure to erect a barrier on a curve in a roadway where there is an irrigation ditch or other cliff or depression that resulted in the more significant impact resulting in the client's injuries, whereas if a barrier had been provided the car would have just impacted the barrier, righting its direction of travel, with little or no injury likely to have been sustained. An example of public entity failure to maintain a highway might include the pot hole that the motorcyclist hit, causing him to lose control after being sideswiped by the other driver, or the tree by the roadside that through lack of maintenance has been permitted to grow so that its limbs obscure a road sign or signal resulting in the other driver violating the client motorcycle or auto driver's right of way.
Our serious injury Texas motorcycle and auto accident lawyers welcome you to contact us to discuss your accident occurring anywhere in the state of Texas from from Amarillo to Corpus Christi, in Houston, Dallas, San Antonio, Austin, El Paso, and Fort Worth, Arlington, Plano, Garland, Lubbock, Irving, and Laredo. You may explain your concern about whether the other driver may have carried adequate insurance to pay your damages, what his insurance company may have told you with respect to the limits on his coverage, and our Texas auto accident lawyer or motorcycle accident attorney will likely have some insights in to potential ways in which other defendants might be properly sued and with the insurance or assets to fairly compensate you for your injuries and general and special economic damages.
Our Texas auto accident attorneys and motorcycle accident lawyers offer free consultations. You may submit the "Contact" form to avail our free consultations. There is absolutely no obligation. We are here to serve you.
Our Texas Big Rig Truck Accident Lawyers and Large Commercial Truck Accident Attorneys Will Consider Representing the Seriously Injured Across the State of Texas from Houston to San Antonio, Austin, Dallas, Fort Worth, Lubbock and Amarillo, from Corpus Christi to Arlington, Irving, Garland and Plano; Here our Texas Big Rig Truck Accident Attorneys Will Consider Overcoming the Trucking Company or Shipper's Fiction of Hiring the Truck Drivers as Independent Contractors.
Big rig truck accidents commonly result in serious injuries because of the disproportionately larger size of the big rig or large commercial truck and the greater impact energies that are delivered in many big rig accidents. Our Texas big rig truck accident lawyers will consider representing those who have been seriously injured in accidents involving big rigs, semi's 18 wheelers and other large commercial trucks throughout the state of Texas from Houston, Corpus Christi, San Antonio and Austin, from El Paso to Arlington, Dallas, Irving, Garland, and Plano, from Fort Worth to Lubbock and Amarillo.
Our Texas big rig truck accident lawyers offer free consultations. You may submit the "Big Rig Accident Contact Form" and one of our Texas large commercial truck attorneys will call you to discuss your case, offer his preliminary case evaluation and his initial recommendations.
One of the common initial disappointments confronted by the seriously injured victim of a big rig truck accident is when he or she learns that big rig truck drivers are not commonly well insured. Federal law requires that truckers on interstate trips must carry only $750,000 if their load is not hazardous. The amount derives from a 1980 law which did not provide for inflation and has yet to be amended. In the serious injury truck accident case our Texas big rig truck accident lawyers find that commonly the truck drivers carry no more than one million dollars in liability coverage and completely inadequate to pay for the injuries of the brain damaged or paraplegic or quadriplegic or the client with serious orthopedic injuries, internal injuries or limb amputation, let alone to compensate the client for his broader general damages and his special economic damages such as past and future medical expenses and past and future earnings losses.
The problem is complicated by the common practice of trucking companies and shippers to do everything they can to insulate themselves from liability for the injuries and damages resulting from accidents caused by their truck drivers' negligence. Our serious injury Texas big rig truck accident lawyers commonly find, for example, that the trucking companies and shippers will hire their drivers as independent contractors rather than employees to avoid imposition of vicarious liability.
Texas big rig truck accident attorneys must be familiar with the matrix of state and federal laws governing truck drivers and those involved in the trucking industry both as tools to establish clearly the driver's violations as a means to make plain the driver's liability, and in serious injury cases the Texas big rig truck accident lawyer will commonly use his knowledge of the law and legal theories, such as negligent entrustment and negligent supervision to establish the liability of the trucking company or shipper.
To take one example, federal and state statutes and regulations specify the acceptable weights of loads and manner by which loads must be secured. If the trucking company or shipper loaded or secured the load and in the accident the truck jackknifed, the serious injury Texas big rig truck accident lawyer will commonly want to involved accident investigators and accident reconstruction experts and conduct depositions to determine if the truck jackknifed as the result of the excessive weight or improper securing of the load. Where the driver loaded the truck and secured the load, still the Texas big rig truck accident lawyer can often establish the trucking company's liability for "negligent supervision."
The serious injury Texas big rig truck accident lawyer and large commercial truck accident attorney will in every case also have available to him "negligent entrustment" theory. Commonly Texas big rig truck accident attorney will investigate the driver and investigate what the trucking company knew about the driver and should have known about him, including by obtaining the driver's personnel file. If the driver was not properly trained to operate the particular big rig, semi, tractor trailer or 18 wheeler, or if he had a history of accidents or traffic tickets or if he had a previous conviction for drug use, such as amphetamine abuse not uncommon among long haul drivers, or if he did not have the class of license required to drive the truck, the Texas big rig truck accident lawyer can establish the liability of the trucking company or shipper for "negligent entrustment."
The Texas big rig truck accident lawyer had abundant opportunity to apply his knowledge of the law, his investigative skills and aggressive advocacy in serious injury big rig accidents to overcome the trucking company or shipper's efforts to insulate themselves from their driver's negligence and from their obligation to fully compensate the injuries and damages suffered by their victims.
Our Texas big rig truck accident lawyers and large commercial truck attorneys welcome you to contact us for a free consultation. You may submit the "Contact" form and one of our big rig truck accident attorneys, also experienced in serious injury large commercial truck accident lawsuits, will call you to provide his preliminary case evaluation and initial recommendations.
Our Texas Elder Abuse Lawyers Will Represent Our Seniors Who Have Been Subjected to Elder Physical Abuse or Senior Neglect or Abandonment or Elder Psychological Abuse by Employees or Staff of Retirement Homes, Senior Convalescent Centers and Assisted Living Facilities and Nursing Homes Across the State of Texas from from Amarillo to Corpus Christi, in Houston, Dallas, San Antonio, Austin, El Paso, and Fort Worth, Arlington, Plano, Garland, Lubbock, Irving, and Laredo; Our Elder Abuse Attorneys Are Here to Serve You.
Our Texas elder abuse attorneys welcome our seniors and their family members to consider our discussions of elder physical abuse, the distinctions between elder neglect and abandonment, and elder psychological abuse. Our Texas elder abuse lawyers will consider representing our seniors across Texas from Houston, Corpus Christi, San Antonio and Austin, from El Paso to Arlington, Dallas, Irving, Garland, and Plano, from Fort Worth to Lubbock and Amarillo. If you are a senior who considers that he or she has been physically abused or neglected or abandoned or psychologically abused by the staff of a retirement facility or convalescent center or senior assisted living center or nursing home, or if you are a family member of a senior whom you consider has been abused, we welcome you to "Contact" our Texas elder abuse attorneys for a free case evaluation.
Elder abuse in all its forms is viewed by our Texas elder abuse lawyers as unconscionable, and often so terribly tragic. Our seniors have worked all their lives, raised families, productive members of our society, each with his or her wonderful character and personality built on all of their life experiences, and it is indeed tragic when they are in their later years physically abused or neglected or abandoned or psychologically abused by retirement home employees or senior assisted living facility staff.
Because often times, most tragically, many of our seniors will not tell their family members about the abuse they are suffering, as our Texas elder abuse attorneys discuss elder physical abuse, the distinctions between elder neglect and senior abandonment, and elder psychological abuse, our lawyers will also make some suggestions to permit family to be alert to the signs of abuse in all its forms. Perhaps the saddest tragedy that our Texas elder abuse lawyers will recognize is in the senior's fear of complaining about the mistreatment he suffers, even physical abuse, abandonment or psychological abuse, sometimes for years, sometimes only because they are now dependant upon the retirement home staff or assisted living center employees for their sustenance, their medical care, drugs or access to opportunities to socialize with others. Our Texas elder abuse attorneys also are concerned that the elder may not complain because they fear retaliation or that the senior nursing home employees will carry out threats.
Elder physical abuse in the experience of our Texas elder abuse attorneys can take the from of every conceivable violence upon the senior that the a retirement or senior nursing home employee will conceive in all his depravity or lack of conscience, from beatings to slapping, from sexual abuse to applying unnecessary restraints. Yet again, the senior may endure the physical abuse without complaining, given his or her perceived dependency on the retirement or senior convalescent facility staff, or fear of retaliation. So our Texas elder abuse lawyers recommend to their senior loved one's family that they remain alert to the signs that their loved one may be enduring physical abuse. Look for evidence of cuts and bruises and ask your senior how they were sustained, and then ask staff the same questions to determine if there is consistency or inconsistency in the explanations. Ask your family member whether he is being treated well by all the retirement or senior nursing home employees. Be suspicious and ask specifically about retirement facility staff who appear cold in their treatment of your loved one, and be suspicious too of those who are overly affectionate, or are emphatic about being in the room when you visit your loved one.
Elder neglect, as our Texas elder abuse lawyers define it, is based upon the failure of the retirement home or senior assisted living center's failure to fulfill its duty of reasonable care to provide for the needs of the senior, including his nutritional needs, food and liquids, medical and psychological care, prescribed drugs, hygiene and protection from dangers or hazards to the senior's safety. Our Texas elder abuse attorneys define elder abandonment as a malicious, or intentional or willful refusal by senior assisted living facility or nursing home staff to provide for the needs of the senior. The family of the senior should be alert to assure that the retirement facility or nursing home is providing for the senior's needs. Be alert to changes in your senior loved one's weight, for signs of malnutrition or dehydration, ask your senior if he or she is receiving adequate meals and ready access to liquids. Be alert to bed sores and inquire as to why the bed sores were permitted to develop, whether they were treated in a timely and adequate manner or allowed to fester, and inquire of staff what they intend to do to assure your loved one does not develop bed sores again. Our Texas elder abuse attorneys suggest that you inquire to assure that your senior is receiving the drugs and medical care that he requires, be alert to his changes in mental state and consider whether he is getting the appropriate psychological care. Be alert to signs and smells that might indicate that your senior's hygiene is properly being cared for, including as may be required by your senior's physical or medical needs, including clean bedding. Be aware of any injuries your senior suffers, ask how the injuries occurred and determine what action the retirement facility or nursing home has taken to protect your loved one from the safety hazards.
Elder psychological abuse, as our Texas elder abuse lawyers define it, involves the malicious, or intentional or willful mistreatment of the senior by employees of a retirement facility or senior assisted living center or nursing home to cause in him or her fear or humiliation or other emotional distress. The retirement home employee may threaten the senior to instill fear, or subject him to any conceivable humiliation, and in the experience of our Texas elder abuse attorneys, sometimes worst of all the retirement home staff or employees of a senior nursing facility may isolate the senior, deprive him of his opportunities to socialize with others, deprive him of sensory stimulation, sometimes sapping the senior's very will to live. Again the senior may endure psychological abuse for years without complaining, out of fear that the retirement home employee will carry out his threats, or humiliate him more cruelly, or remove even the last vestiges of social interaction, for which the isolated senior may depend entirely on those who have isolated him. Our Texas elder abuse attorneys urge family to be alert to potential psychological abuse by retirement home or senior assisted living facility staff. Be alert to changes in your senior's mental state, expressions of fear or depression. Ask the senior about the personal character of the senior nursing home's employees, whether any treat him poorly or if he has any complaints about any one in particular, but our Texas elder abuse lawyers warn that you should not necessarily accept that his or her denial of problems with staff is accurate. Speak to the retirement home staff, ask them about the deterioration in your senior's mental state. Again, be suspicious of the cold employee and the one who appears overly affectionate, and in particular those who make sure to be present when you are with your senior loved one. Consider psychological help which might aid your senior with his or her distress and could yield a more candid disclosure of psychological abuse at the retirement home or senior assisted living center.
You are invited to contact our Texas elder abuse attorneys for a free consultation. You may submit the "Elder Abuse Contact Forum" and one of our Texas attorneys with experience in prosecuting elder abuse case will call you to discuss your case. If you are a family member of a senior who you suspect has been the subject of abuse by staff of a senior facility, you are also welcome to contact us. Our Texas elder abuse lawyers are here to serve you.
Our Serious Injury Texas Product Liability Lawyers and Drug Defect and Side Effect Attorneys Will Consider Individual Product Defect Cases and Class Action Lawsuits Across Texas from Amarillo to Lubbock, Fort Worth, Dallas, Plano, Garland, Irving and Arlington to Austin, San Antonio, Houston and Corpus Christi.
Our Texas product liability attorneys will consider cases involving serious injuries resulting from the broadest range of products defective in their design, manufacture or warnings; our Texas product liability lawyers and drug defect attorneys will consider representing the seriously injured throughout the state of Texas in Houston, Dallas, San Antonio, Austin, El Paso, and Fort Worth, Arlington, Plano, Garland, Lubbock, Irving, and Laredo, from Amarillo to Corpus Christi, in class actions and individual lawsuits.
Product liability lawsuits can involve the entire spectrum of products manufactured, from the lawnmower, defective in its design, lacking the safety shield to protect the consumer from the blade, to the car air bag that fails to deploy due to a manufacturing defect, to the FDA approved pharmaceutical, with utility in curing disease, yet defective in its failure to warn of a potential side effect.
Commonly, where there are not many who have been injured as the result of a product, the lawsuit against the manufacturer must be filed in an independent lawsuit. In some cases the client will have the choice also whether to join a class action. Some lawyers will represent their product liability clients only in class actions. Our Texas product liability attorneys are capable of trying the most complex product liability cases in independent litigation and are also experienced in processing claims in class actions. So our Texas product liability lawyers are well equipped to consider with the client the advantages and disadvantages of each.
Indeed, one of our Law Group pharmaceutical product liability lawyers who established the landmark United States Court of Appeals case law guaranteeing the client's right to chose whether to participate in a class action or pursue his case independently. The case is discussed toward the bottom of the right column of the page, involving a federal District Court Judge who had certified a "mandatory class action" purporting to bind in the class action thousands of lawsuits filed in federal and state courts nationwide involving children born with birth defects as the result of their mother's having taken during the critical stages of their pregnancies drug manufacturer's teratogenic drug. The District Judge also approved a settlement that our Law Group drug defect lawyer considered inadequate to compensate the children for even the smallest fraction of their general and special economic damages. The drug product liability lawyer and his firm had 40 clients, all with severe limb defects whose mothers had taken the drug during the specific window of days during the first trimester of their pregnancies during which their baby's limb buds were forming. The Law Group pharmaceutical product liability lawyer and his firm had also identified and prepared a dozen experts to testify that the drug was teratogenic and resulted in each child's limb defects. The drug defect attorney filed a type of appeal called a petition for writ of mandamus in the United States Court of Appeals for the Sixth Circuit arguing that the mandatory class action violated his clients' rights to be represented by the lawyer of his choice and to control over his individual lawsuit. The United States Court of Appeals agreed, ordering the District Court Judge to vacate his order certifying the mandatory class action and to void the settlement. The Court of Appeals published its landmark decision in that case essentially rendering mandatory class action a legal relic in favor of voluntary class action, where the individual client has the right to opt-in or opt-out of the class action.
Our Texas product liability lawyers consider that class actions can have significant advantages, such as their ability to spread the cost of preparing the case, including the costs of "discovery," the investigation and depositions of the manufacturers relevant employees and management, as well as the costs to prepare the experts, including from depositions and trial testimony, which can be very expensive. Furthermore, our Texas product liability lawyers still have ample opportunity to apply our knowledge and experience in serious injury litigation in the preparation of the client's evidence of his general and special economic damages, the evidence that will determine the size of the client's award. And there are still opportunities for our Texas product liability lawyers to apply their aggressive advocacy to obtain superior class action awards for our clients. Most recently in the Vioxx pharmaceutical product liability litigation our Law Group lawyers filed appeals in almost all of our cases obtaining in most of them substantially greater awards than were originally made.
If you were seriously injured as the result of a defective product, our Texas product liability lawyers welcome you to contact us for a free consultation. You may submit the "Contact" form and one of our experienced Texas product liability attorneys will call you to discuss your case, offer our preliminary case evaluation and recommendations. We are here to serve you.
Our Texas Food Poisoning Lawyers Will Represent Those Who Have Suffered Serious Illness, Both in Individual and Outbreak Food Poisoning Lawsuits Across Texas from Amarillo to Corpus Christi, in Houston, Dallas, San Antonio, Austin, El Paso, and Fort Worth, Arlington, Plano, Garland, Lubbock, Irving, and Laredo; Our Texas Food Poisoning Attorneys Will Consider Food Poisoning Resulting From E. coli, Salmonella, Listeria, Botulism, Campylobacter, Norovirus or Shigella Contamination. Our Texas Food Poisoning Lawyers Will Discuss as an Example E. coli HUS and TPT Lawsuits.
Our Texas food poisoning lawyers represent those who have suffered serious illness or serious sequelae of food poisoning across the state of Texas from Houston, Corpus Christi, San Antonio and Austin, from El Paso to Arlington, Dallas, Irving, Garland, and Plano, from Fort Worth to Lubbock and Amarillo. Our Texas food poisoning attorneys will consider serious food illness cases involving such biologic contaminants as E. coli, Salmonella, Listeria, Botulism, Campylobacter, Norovirus and Shigella.
Our Texas food poisoning lawyers offer free consultations. You may submit the "Contact" form and one of our Texas food poisoning attorneys will call you to discuss your case, your illness, offer our preliminary case evaluation and initial recommendations. We are here to serve you.
Our Texas food poisoning lawyers will discuss below both individual and outbreak cases resulting from food contamination. Examples of potential biologic contaminants that can lead to human illness are E. coli, Salmonella, Listeria, Botulism, Campylobacter, Norovirus and Shigella, In some cases the symptoms of food poisoning are mild, with no lasting medical consequence. In some food poisoning cases the illness or its sequelae may be very serious. Below we will discuss E. coli poisoning its potential consequences, including Hemolytic Uremic Syndrome or HUS, and Thrombotic Thrombocytopenic Purpura or TTP.
Food poisoning "outbreaks" usually occur where food is contaminated either where it is grown or where it is processed, the final food product is then delivered to grocery stores or other retailers often across many states, resulting in the illnesses and often the deaths of many. The Food and Drug Administration and Centers for Disease Control will commonly investigate to identify the specific biologic contaminant, determine the source of the contamination, and issue recalls of the contaminated products. Because of the investigations of the FDA and CDC the Texas food poisoning lawyer will be able to access a wealth of good evidence to support his client's food poisoning lawsuit.
By contrast in individual food poisoning cases, where for example serious illness was found to have developed some period of time after a client ate a restaurant meal, the Texas food poisoning lawyer will obtain the client's medical records and speak with his physicians and sometimes the hospital's pathologist, and he will also determine the number of dates post ingestion of the particular contaminant that symptoms first appear. In the case of E. coli, for example, symptoms don't generally develop until 3 to 4 days after exposure. The Texas food poisoning attorney will then need to conduct an investigation to demonstrate that the restaurant food was the cause of the E. coli illness, as opposed to all the other food products the client ingested during the relevant period of time. The Texas food poisoning attorney has an arsenal of investigative tactics and opportunities for "discovery," such as document requests that may disclosed health inspections that turned up E. coli contamination or unsanitary kitchen environs.
As an example of a serious food illness, while E. coli illness is generally mild, generally lasting no longer than 10 days and characterized by symptoms of stomach cramping and bloody diarrhea or stools, in some cases E. coli illness can lead to Hemolytic Uremic Syndrome, HUS, or Thrombocytopenic Purpura, TTP. E. coli HUS commonly results in renal failure, often resulting in kidney damage and the lifelong necessity for dialysis treatment. E. coli TTP can result in the same and neurological symptoms, severe headaches, mood and behavioral changes, and stroke. However, food poisoning involving any of the above mentioned biologic contaminants can result in serious illness or serious medical sequelae or death in which case you should consider engaging appropriately qualified and experienced Texas food poisoning attorneys.
If you or a family member has suffered a serious food poisoning illness, our Texas food poisoning lawyers welcome you to contact us for a free consultation. We are here to serve you.
Our Serious Injury Texas Premises Liability Lawyers Serve Our Clients in Slip and Fall and Trip and Fall Cases Against Commercial and Residential Property Owners and Managers and Against Public Entities for Defects in Property or Failures in Maintenance; Our Texas Premises Liability Attorneys Will Consider the Cases of Those Seriously Injured in Falls Across the State of Texasin Houston, Dallas, San Antonio, Austin, El Paso, and Fort Worth, Arlington, Plano, Garland, Lubbock, Irving, and Laredo, from Amarillo to Corpus Christi.
Premises liability lawyers are sometimes referred to as slip and fall attorneys or trip and fall lawyers; our Texas premises liability attorneys representing those who have been seriously injured in falls on residential property or commercial property or public property across Texas from Houston, Corpus Christi, San Antonio and Austin, from El Paso to Arlington, Dallas, Irving, Garland, and Plano, from Fort Worth to Lubbock and Amarillo. Our Texas serious injury slip and fall lawyers and trip and fall attorneys will consider premises liability cases involving property design defects, manufacturing and warning defects, and failures of the commercial, residential or government entity owner or manager or employees to reasonably maintain the property.
Sometimes the defect in the property may be obvious or simple to prove, such as a sidewalk with its blocks irregularly set so as to be hazardous by reason of their disparity in height or the spill on the floor of the store that had notice of the spill and failed to timely respond or had adopted inadequate policies and procedures for its employees to walk the isles to detect this type of potential hazard. However, as our Texas premises liability attorneys will explain in the "Damages" section of this page below, every serious injury slip and fall or trip and fall case is complex in the preparation of the client's general and special damages, requiring teams of experts, for example, to maximize the opportunity for the seriously injured client to recover the full measure of the future medical expenses that he will likely incur over the remainder of his life expectancy, and full measure of the earnings losses he will suffer over the period of his pre-injury work-life expectancy.
Our Texas premises liability lawyers welcome you to contact us for a Free Consultation. You may submit the "Contact" form and one of our experienced serious injury Texas premises liability attorneys will call you to discuss your case, provide his initial case evaluation and recommendations.
Our Texas Medical Malpractice Lawyers Represent Those Who Have Suffered Serious Injury or Progression of Illness, or Other Serious Consequence of Physician or Hospital Negligence, and Failures of Other Health Care Providers to Comply With Standards of Care Across the State of Texas from Houston to San Antonio, Austin, Dallas, Fort Worth, Lubbock and Amarillo, from Corpus Christi to Arlington, Irving, Garland and Plano; Our Texas Obstetrical Malpractice Attorneys will Also Consider Birth Injury Cases.
Our Texas medical malpractice lawyers will consider cases against physicians and hospitals and other health care providers across the state of Texas from Houston, Corpus Christi, San Antonio and Austin, from El Paso to Arlington, Dallas, Irving, Garland, and Plano, from Fort Worth to Lubbock and Amarillo. Our Texas medical malpractice attorneys will consider obstetrical malpractice cases resulting in birth injury, such as brain damage due to anoxia or hypoxia, as where the obstetrician or hospital staff fails to hook up a fetal monitor or fails to time discover fetal distress, to serious injury resulting from surgical error, and every other failure of the doctor or health care provider to comply with the applicable standards of medical care which results in serious health consequences.
Our Texas medical malpractice lawyers have enormous respect for the extraordinary advances in medicine, from all the wonderful diagnostic tools now available to advances in surgical technique, from advances in obstetrical practice to identify high risk pregnancies to assure the health of our new born children to the scientific research yielding treatments for diseases of the elderly. And indeed it is this high regard that our Texas medical malpractice attorneys have for the standards of care in every field of medicine that our Texas medical malpractice lawyers are so often disappointed and indeed outraged when the physician or other health care provider fails to use the available medical diagnostic technology or fails to adhere to the accepted standards of care in his treatment of a patient.
Our Texas medical malpractice lawyers will never see two cases presenting precisely the same issues unless there is a particular physician whose practice incorporates treatment outside the standard of care. Two cases are described in the left column of this page which provide examples. In one an obstetrician gave his patients, including pregnant patients an experimental drug that the pharmaceutical manufacturer was testing for its efficacy in relieving anxiety. The drug was teratogenic, having the capacity to cause limb defects if taken during the critical window of time during the first trimester during which the baby's limb buds form. Three of the children of patients of the same obstetrician consulted the same Law Group medical malpractice and drug product liability attorney who successfully brought suit in each case against both the physician and drug manufacturer. However, in almost all cases the Texas medical malpractice lawyer must learn the applicable medicine in each case anew, in large part from his medical experts, but also through his own study of the pertinent medical literature to give him the medical knowledge to aggressively interrogate the defendant doctor in deposition and at trial. Almost all medical malpractice cases will be determined by the jury's assessment of the conflicting testimony of the medical experts called by the plaintiff's and defendants' attorneys. The Texas medical malpractice lawyer will sometimes recognize that the medicine is so complex that the jury might have difficulty understanding it, in which case he must use all of his advocacy skills to make the jury understand. And in the battle of the experts, the Texas medical malpractice lawyer can also succeed by designating the more highly qualified experts, because while jurors might not well understand the medicine, they are good at distinguishing the superior credentials of the experts, leading to greater trust in their opinions.
Another case discussed in the left column of this page was chosen because it involves a lawsuit brought against a physician, a surgeon and a hospital, as well as the range of causes of action the aggressive Law Group medical malpractice lawyer alledged, from medical and surgical and hospital negligence to fraud and conspiracy to defraud, and for violations of the state Protection of Human Subjects in Medical Experimentation Act. The medical malpractice lawyer also designated 20 of the most highly qualified scientists and medical doctors in the world to testify in the case, identified in the left column. The litigation also involved 10 clients, five of whom were so close to death that the medical malpractice lawyer consolidated their cases for trial, obtained an early trial date, and after a 4 month trial obtained the multimillion dollar jury verdict described, including $1,600,000 in punitive damages against the hospital.
Our Texas medical malpractice lawyers will also consider cases in which a physician failed to diagnose the potential client's disease, leading to delay in treatment and serious consequences, such as the progression of the disease to the point where the client's survival rates or remission rates or chances to avoid the serious consequences of disease progression are diminished. An illustrative case discussed in the left column involves two physicians who failed to diagnose the most rare tumor in the human body, turning in part upon the plaintiff's experts several premises that they opined should have led the physicians to make the diagnosis, and the Law Group medical malpractice lawyer's astute and aggressive cross examination of the first called defendant physician, turning his common medical syllogism on its head to make abundantly plain in visual form the fault in the physicians claim that the rare tumor was incapable of diagnosis.
Our Texas medical malpractice lawyers welcome you to contact us for a free consultation. You may submit the "Contact" form and one of our experienced Texas medical malpractice attorneys will call you to discuss your case, offer our preliminary case evaluation and initial recommendations. Generally, where the case appears on initial review to involve serious health consequences resulting from what may be demonstrable violations of the physician's or other provider's standards of care what our Texas medical malpractice attorneys will do is obtain the medical records and have them reviewed by an appropriately qualified expert. Generally it will be only at that point the Texas medical malpractice lawyer will be able to provide his opinion whether the potential client has a viable case.
Our Texas Serious Injury Trial Lawyers Explain General Damages and Special Economic Damages. Our Texas Auto Accident Attorneys, Motorcycle Accident Lawyers, Big Rig Truck Accident Attorneys, Premises liability and Product Defect Lawyers, Food Poisoning and Medical Malpractice Attorneys Will Consider Representing Those Seriously Injured Across Texas, from from Amarillo to Lubbock, Fort Worth, Dallas, Plano, Garland, Irving and Arlington to Austin, San Antonio, Houston and Corpus Christi.
Our Texas trial lawyers will discuss below the complexity of preparing and presenting the seriously injured client's general and special damages, recommending that the potential client consider engaging a lawyer both experienced in the relevant practice are and experienced prosecuting serious injury lawsuits. Although the facts giving rise to liability might appear to be obvious enough in an auto accident or motorcycle or big rig truck accident case in which the other driver ran a red light, or in a premises liability or product liability or medical malpractice or food poisoning case, every case involving serious injuries is complex, and our Texas trial lawyers recommend as one qualification that the client should consider in choosing the attorney best suited to represent him is the lawyers' experience in serious injury litigation. Our Texas trial lawyers will represent our clients across the state of Texas in Houston, Dallas, San Antonio, Austin, El Paso, and Fort Worth, Arlington, Plano, Garland, Lubbock, Irving, and Laredo, from Amarillo to Corpus Christi. We are serious injury auto accident lawyers and motorcycle accident attorneys, big rig truck accident lawyers, serious injury slip and fall premises liability attorneys, medical malpractice lawyers, and drug product liability and side effect lawyers. We provide free consultations and in that context we welcome you to inquire about our credentials in the relevant practice area and our experience as serious injury trial lawyers.
Our serious injury trial lawyers will discuss briefly the subjects of general damages and special economic damages, and in particular the teams of experts essential to demonstrate the seriously injured client's full measure of future medical expenses and earnings losses. For a more comprehensive discussion the reader may consider our "Serious Injury Lawyers" page. Our purpose here is only to demonstrate the complexity of the Texas trial lawyer's tasks in assembling the evidence including expert testimony to maximize the client's opportunities to recover fully for his measures of damages.
Our serious injury Texas trial attorneys take a comprehensive approach to the establishment of the client's general damages. Sometimes general damages is referred to by personal injury lawyers as pain and suffering. Our Texas serious injury Texas trial lawyers will listen to the client to gain an appreciation of the aspects of general damage that he or she considers greatest. In many cases the client's will not consider his pain as the damage of greatest consequence flowing from his serious injury; rather he will describe what our Texas trial lawyers define as the client's "loss of enjoyment of life" damages. In an auto accident, for example, the client may suffer serious spinal cord injury, or internal injuries, or serious orthopedic injuries or limb amputation. The paraplegic client may not deem as his most serious general damage the pain he suffered in the accident, but rather his inability after the accident to participate in all of the activities that he most enjoyed prior to the accident. On our "Serious Injury Lawyers" page our Texas trial lawyers describe our strategies for eliciting the testimony medical experts to define the full nature and extent of the client's injuries, and then the testimony of friends and family, photographs and home movies, to demonstrate the activities the client most enjoyed, juxtaposed against a professional "Day in the Life" film depicting the client's courage in tackling all of the big and small challenges he now faces in his life day to day.
Special economic damages include past and future medical expenses and earnings losses. Particularly complex in their preparation and presentation are the client's future medical expenses and earnings losses, each requiring a team of experts. Only very briefly, in establishing the client's future medical expenses the Texas serious injury trial lawyer will first engage expert physicians in the relevant specialties to outline all of the types of care and treatment the client will require over the course of his remaining life expectancy. The Texas trial attorney will then engage a life care planner who will consult with the medical experts to arrive at a "life care plan" that includes year by year all of the medical expenses likely to be required from surgeries and hospitalizations to home nursing care through replacement prostheses, wheel chairs and modified vehicles, right down to the medical sundries required. The serious injury Texas trial attorney is involved in every stage of the process and when the "life care plan" is fully prepared, he will engage a forensic economist to increase the amounts of the medical expenses year to year according to statistics on the rapidly rising cost of medical care and then will discount the total to present cash value.
The Texas serious injury trial attorneys task in establishing the full measure of the client's future earnings losses can be even more complex, particularly where the client is a business owner-operator or involved in a profession with opportunities for advancement, but even in the least complex case of the hourly wage earner, the Texas trial lawyer must first obtain the medical expert testimony to fully define the extent of the client's disabilities, a "rehabilitation expert" to meet with the client, obtain his education and employment records, consult trade journals to define the narrowing of employment opportunity before and after the injuries, and arrive at a report detailing the client's likely yearly earnings losses. Again the Texas serious injury trial lawyer will engage a forensic economist, first to increase the yearly earnings losses by applying government wage growth statistics for the particular trade or profession, and then again, discount the total to present cash value.
Our Texas serious injury attorneys in all our practice areas welcome you to contact us for a free consultation. We are Texas auto accident lawyers, motorcycle accident attorneys and big rig truck accident attorneys with experience representing the seriously injured. In an auto accident case or a slip and fall case a client may suffer quadriplegia or paraplegia or other serious spinal cord injury or internal organ damage, or leg or arm amputation or serious orthopedic injury, and our premises liability lawyers with experience in serious injury litigation will represent our clients who were injured in falls on commercial, residential and public property. Our Texas medical malpractice lawyers will consider representing those who have suffered serious medical consequences as the result of physician and hospital negligence, from obstetrical malpractice resulting in birth injury to surgical errors and failures to diagnose. Our Texas elder abuse attorneys will consider cases of elder psychological abuse, neglect, abandonment or psychological abuse. Our Texas product liability lawyers will consider cases involving the range of products, including drugs which result in serious injuries. Our Texas food poisoning lawyers will consider cases involving contaminated food that results in serious illness or serious sequelae such as E. coli HUS and TTP cases. Our Texas serious injury trial attorneys welcome you to inquire about our credentials in our practice areas and our experience in serious injury litigation.
Our serious injury Texas trial attorneys welcome you to contact us for a free consultation. You may submit the "Contact" form and one of our Texas trial attorneys experienced both in the practice area and in serious injury litigation will call you to discuss your case, provide his preliminary case evaluation and initial recommendations. We are here to serve you.
*Jury Verdicts and Settlements:
$2.5 million dollar settlement in a contested liability motorcycle accident case in which the motorcyclist suffered a below the knee amputation. The motorcyclist pulled out from between two left turn lanes, splitting lanes, presenting a difficult liability case. The driver of the car that hit him also had a minimum $15,000/$30,000 auto liability insurance policy raising the "collectability" problem. Law Group attorney Henke was able to overcome the liability contest, to the satisfaction of the settlement judge, as the result of his deposition interrogation of the investigating law enforcement officer who ultimately agreed that the motorcyclist's having split lanes between the two left turning cars was not a competent cause of the accident. And the Law Group serious injury auto accident lawyer was also able to overcome the "collectability" problem after discovering through his investigation that the other motorist was carrying tools in his car trunk essential to his work, permitting the Law Group auto accident lawyer to sue also the motorist's employer, given this evidence that at the time of the accident the motorist was operating his vehicle "in the course and scope of his employment."
$2.7 million dollar jury verdict. Medical malpractice, drug product and medical fraud case. Medical malpractice and drug product liability attorney Henke represented 5 plaintiffs in a consolidated four month trial in which the jury found the defendants liable on multiple causes of action, from medical and hospital negligence to fraud and conspiracy to defraud the plaintiffs with dangerous and ineffective FDA approved and unapproved drugs. The Law Group lawyer designated highly distinguished scientists, epidemiologists and AIDS physicians to testify for the plaintiffs in the case, including Luc Montagnier, the head of France's National AIDS Laboratories who discovered HIV; Michael Gotlieb, co-founder of AMFAR, the astute physician who discovered AIDS, Don Francis, head CDC AIDS Task force who first discovered the causes of AIDS, Roger Detels, the senior investigator on largest epidemiological study on AIDS drugs and their efficacy, John Curnutte, senior investigator on the largest AIDS vaccine study, Peter Wolfe, Member of the Scientific Advisory Committee to the American Foundation for AIDS Research. He conceived the "test" litigation to rectify the epidemic of AIDS drug fraud that followed upon the AIDS epidemic by suing also hospitals with the strategy that if punitive damages could be obtained against the hospitals that tolerated AIDS physicians who used on their patients ineffective AIDS drugs that hospitals across the nation would recognize the danger of failing to revoke the staff privileges of physicians who practiced AIDS drug fraud. In addition to awarding compensatory damages, the jury found the defendant hospital liable both for negligence and conspiracy to defraud, and awarded 1.6 million dollars in punitive damages against the hospital. The case was chronicled in most of the most legitimate newspapers in the United States, from the front page of the New York Times to the front page of the Los Angeles Times, from the Washington Post to the San Francisco Chronicle and Examiner, in legal journals, including the National Law Journal, and on national television, including Tom Brokaw's NBC Evening News and CNN . Pharmaceutical product liability attorney, Henke, also testified before Congress with regard to these cases and the need to rein in AIDS drug fruad, at the invitation of the Chairman of the Judiciary Committee of the United States House of Representatives.
$3.8 million dollar gross jury verdict in medical malpractice case involving failure to diagnose atrial myxoma, the most rare tumor in the human body. The plaintiff had presented initially to the defendant internist with a history of two episodes of feinting. The internist did a battery of tests including an electrocardiogram. When the tests failed to identify a medical cause for the feinting episodes the internist referred the patient to a neurologist who in turn did a battery of tests, also failing to identify a medical cause for the feinting episodes. The internist then diagnosed "vaso vagal syncope" a medical term suggesting a psychological cause for the feinting and referred the patient to a psychologist. The patient then had a stroke and the atrial myxoma was diagnosed during her hospitalization. The medical experts engaged by our Group medical malpractice attorney, Henke, offered to testify that while it was not required by the standard of care that the physicians consider atrial myxoma in their differential diagnoses, if they had considered other more common cardiologic disease and had they done an echocardiogram to rule them out, they would have seen the atrial myxoma. In the opening statements the defense attorneys made the argument that the plaintiffs were attempting to assign liability for failure to diagnose the rarest of tumors, one that most cardiologists would never have heard of, one that, in the very few case reports in the medical literature was in each case an autopsy diagnosis, atrial myxoma never having previously been diagnosed in a live patient. The Group medical malpractice attorney called as his first witness the defendant internist and led with his chin asking "Doctor, did you consider atrial myxoma in your differential diagnosis." The internist responded as he was assuredly coached to do by his attorneys, "Mr. Henke, you don't think of zebras when you hear hoof beats, which is actually a medical syllogism expressing the proposition that the physician should list the most common possible disease entities that can cause the patient's symptoms, not the rarest. But a light bulb went off in the brain of our Group medical malpractice lawyer and he first said softly "Mitral valve prolapse," and then more loudly, "It's a horse isn't it." His lawyer objected, but the doctor had "opened the door" and the Judge ordered the physician to answer the question. He dodged, saying, "I don't know what you mean." But our Group medical malpractice attorney was prepared, "Well, doctor, mitral valve prolapse occurs in about 6 percent of a randomly selected population of females Mrs. Z's age, its a horse, isn't it. The doctor replied, "Okay, its a horse." The medical malpractice lawyer continued, again first softly, "Mitral stenosis," and then more loudly, "Its a horse, isn't it doctor." The doctor said "Okay, its a horse." The medical malpractice lawyer continued, again first softly, "Idiopathic subaortic stenosis," and then more loudly "It's a horse, isn't it doctor." The doctor reluctantly admitted it again. And then the punch line, "So doctor, upon hearing the hoof beats, Mrs. Z's symptoms of feinting, had you merely thought horse, these other common potential cardiologic diagnoses, and turned in the direction of the hoof beats, performed and echocardiogram, you would have seen the zebra, wouldn't you have doctor. The medical malpractice attorney's use of the syllogism offered by the defendant internist was indeed faithful to the testimony that he would then elicit from his experts. The medical malpractice lawyer then came back to the zebra syllogism in closing argument to make more understandable than he might have otherwise the logical progression of his expert's premises upon which the jury then held both the internist and neurologist liable.
$1.5 million dollar settlement in a pharmaceutical product liability birth injury case. The case involved an experimental drug which the manufacturer sought to test for its efficacy as a sedative, employing over 1000 physicians nationwide. One of our Group pharmaceutical product liability lawyers, Henke, obtained from another, Pennsylvania Law Group drug product lawyer the list of the physicians who served as investigators for the drug company when 3 of his clients in the same small city contacted him with similar limb defects characteristic of the teratogenic drug, all of whose mothers were treated during pregnancy by the same obstetrician. It was confirmed that the mothers' common obstetrician was on the list of investigators who received the drug from the pharmaceutical company. The three cases, including the one above referenced case were filed against the drug manufacturer and the physician. The physician no longer had the patients' medical records. The clients mothers recalled receiving a sedative during pregnancy but did not recall the name of the drug. However, the Group pharmaceutical product liability attorney developed expert testimony that the limb defects were characteristic of limb defects caused by the suspect drug which combined with the evidence that the common obstetrician had access to the teratogenic sedative was deemed sufficient for the manufacturer and physician to resolve the above referenced case and the two others out of court for substantial settlements. The settlements were achieved despite that the mothers exposure to the drug and the births of the clients occurred more than 30 years prior to the case being filed, leading the manufacturer and physician to file demurrers and motions for summary judgment asserting the statute of limitations defense. The Group pharmaceutical product liability lawyer, Henke, responded to the motions with the contention that the manufacturer had sought to obscure that it had supplied the notorious drug to physicians in the United States, and that the physician intentionally concealed from the mothers that the drug might have been the cause of their babies birth defects. The court ruled in favor of the plaintiffs on the motions, and the settlements were achieved shortly thereafter..
Amount of settlement sealed by the Court. Law Group food poisoning lawyer, Nick Allis, settled a Food poisoning E. coli case resulting in Hemolytic Uremic Syndrome, HUS on the eve of trial. The case resulted in one of the largest E.coli settlements or verdicts ever reported in the United States.
Most recently our Law Group pharmaceutical product liability lawyers have settled many Vioxx cases in the context of the Vioxx Class Action. In many of our cases we filed appeals of settlement awards granted by the settlement administrators, gaining superior settlement awards upon the appeals.
*The results obtained in the cases listed were dependent upon the facts of the cases, and the results will differ in other cases based on different facts
$2.5 million dollar settlement in a contested liability motorcycle accident case in which the motorcyclist suffered a below the knee amputation. The motorcyclist pulled out from between two left turn lanes, splitting lanes, presenting a difficult liability case. The driver of the car that hit him also had a minimum $15,000/$30,000 auto liability insurance policy raising the "collectability" problem. Law Group attorney Henke was able to overcome the liability contest, to the satisfaction of the settlement judge, as the result of his deposition interrogation of the investigating law enforcement officer who ultimately agreed that the motorcyclist's having split lanes between the two left turning cars was not a competent cause of the accident. And the Law Group serious injury auto accident lawyer was also able to overcome the "collectability" problem after discovering through his investigation that the other motorist was carrying tools in his car trunk essential to his work, permitting the Law Group auto accident lawyer to sue also the motorist's employer, given this evidence that at the time of the accident the motorist was operating his vehicle "in the course and scope of his employment."
$2.7 million dollar jury verdict. Medical malpractice, drug product and medical fraud case. Medical malpractice and drug product liability attorney Henke represented 5 plaintiffs in a consolidated four month trial in which the jury found the defendants liable on multiple causes of action, from medical and hospital negligence to fraud and conspiracy to defraud the plaintiffs with dangerous and ineffective FDA approved and unapproved drugs. The Law Group lawyer designated highly distinguished scientists, epidemiologists and AIDS physicians to testify for the plaintiffs in the case, including Luc Montagnier, the head of France's National AIDS Laboratories who discovered HIV; Michael Gotlieb, co-founder of AMFAR, the astute physician who discovered AIDS, Don Francis, head CDC AIDS Task force who first discovered the causes of AIDS, Roger Detels, the senior investigator on largest epidemiological study on AIDS drugs and their efficacy, John Curnutte, senior investigator on the largest AIDS vaccine study, Peter Wolfe, Member of the Scientific Advisory Committee to the American Foundation for AIDS Research. He conceived the "test" litigation to rectify the epidemic of AIDS drug fraud that followed upon the AIDS epidemic by suing also hospitals with the strategy that if punitive damages could be obtained against the hospitals that tolerated AIDS physicians who used on their patients ineffective AIDS drugs that hospitals across the nation would recognize the danger of failing to revoke the staff privileges of physicians who practiced AIDS drug fraud. In addition to awarding compensatory damages, the jury found the defendant hospital liable both for negligence and conspiracy to defraud, and awarded 1.6 million dollars in punitive damages against the hospital. The case was chronicled in most of the most legitimate newspapers in the United States, from the front page of the New York Times to the front page of the Los Angeles Times, from the Washington Post to the San Francisco Chronicle and Examiner, in legal journals, including the National Law Journal, and on national television, including Tom Brokaw's NBC Evening News and CNN . Pharmaceutical product liability attorney, Henke, also testified before Congress with regard to these cases and the need to rein in AIDS drug fruad, at the invitation of the Chairman of the Judiciary Committee of the United States House of Representatives.
$3.8 million dollar gross jury verdict in medical malpractice case involving failure to diagnose atrial myxoma, the most rare tumor in the human body. The plaintiff had presented initially to the defendant internist with a history of two episodes of feinting. The internist did a battery of tests including an electrocardiogram. When the tests failed to identify a medical cause for the feinting episodes the internist referred the patient to a neurologist who in turn did a battery of tests, also failing to identify a medical cause for the feinting episodes. The internist then diagnosed "vaso vagal syncope" a medical term suggesting a psychological cause for the feinting and referred the patient to a psychologist. The patient then had a stroke and the atrial myxoma was diagnosed during her hospitalization. The medical experts engaged by our Group medical malpractice attorney, Henke, offered to testify that while it was not required by the standard of care that the physicians consider atrial myxoma in their differential diagnoses, if they had considered other more common cardiologic disease and had they done an echocardiogram to rule them out, they would have seen the atrial myxoma. In the opening statements the defense attorneys made the argument that the plaintiffs were attempting to assign liability for failure to diagnose the rarest of tumors, one that most cardiologists would never have heard of, one that, in the very few case reports in the medical literature was in each case an autopsy diagnosis, atrial myxoma never having previously been diagnosed in a live patient. The Group medical malpractice attorney called as his first witness the defendant internist and led with his chin asking "Doctor, did you consider atrial myxoma in your differential diagnosis." The internist responded as he was assuredly coached to do by his attorneys, "Mr. Henke, you don't think of zebras when you hear hoof beats, which is actually a medical syllogism expressing the proposition that the physician should list the most common possible disease entities that can cause the patient's symptoms, not the rarest. But a light bulb went off in the brain of our Group medical malpractice lawyer and he first said softly "Mitral valve prolapse," and then more loudly, "It's a horse isn't it." His lawyer objected, but the doctor had "opened the door" and the Judge ordered the physician to answer the question. He dodged, saying, "I don't know what you mean." But our Group medical malpractice attorney was prepared, "Well, doctor, mitral valve prolapse occurs in about 6 percent of a randomly selected population of females Mrs. Z's age, its a horse, isn't it. The doctor replied, "Okay, its a horse." The medical malpractice lawyer continued, again first softly, "Mitral stenosis," and then more loudly, "Its a horse, isn't it doctor." The doctor said "Okay, its a horse." The medical malpractice lawyer continued, again first softly, "Idiopathic subaortic stenosis," and then more loudly "It's a horse, isn't it doctor." The doctor reluctantly admitted it again. And then the punch line, "So doctor, upon hearing the hoof beats, Mrs. Z's symptoms of feinting, had you merely thought horse, these other common potential cardiologic diagnoses, and turned in the direction of the hoof beats, performed and echocardiogram, you would have seen the zebra, wouldn't you have doctor. The medical malpractice attorney's use of the syllogism offered by the defendant internist was indeed faithful to the testimony that he would then elicit from his experts. The medical malpractice lawyer then came back to the zebra syllogism in closing argument to make more understandable than he might have otherwise the logical progression of his expert's premises upon which the jury then held both the internist and neurologist liable.
$1.5 million dollar settlement in a pharmaceutical product liability birth injury case. The case involved an experimental drug which the manufacturer sought to test for its efficacy as a sedative, employing over 1000 physicians nationwide. One of our Group pharmaceutical product liability lawyers, Henke, obtained from another, Pennsylvania Law Group drug product lawyer the list of the physicians who served as investigators for the drug company when 3 of his clients in the same small city contacted him with similar limb defects characteristic of the teratogenic drug, all of whose mothers were treated during pregnancy by the same obstetrician. It was confirmed that the mothers' common obstetrician was on the list of investigators who received the drug from the pharmaceutical company. The three cases, including the one above referenced case were filed against the drug manufacturer and the physician. The physician no longer had the patients' medical records. The clients mothers recalled receiving a sedative during pregnancy but did not recall the name of the drug. However, the Group pharmaceutical product liability attorney developed expert testimony that the limb defects were characteristic of limb defects caused by the suspect drug which combined with the evidence that the common obstetrician had access to the teratogenic sedative was deemed sufficient for the manufacturer and physician to resolve the above referenced case and the two others out of court for substantial settlements. The settlements were achieved despite that the mothers exposure to the drug and the births of the clients occurred more than 30 years prior to the case being filed, leading the manufacturer and physician to file demurrers and motions for summary judgment asserting the statute of limitations defense. The Group pharmaceutical product liability lawyer, Henke, responded to the motions with the contention that the manufacturer had sought to obscure that it had supplied the notorious drug to physicians in the United States, and that the physician intentionally concealed from the mothers that the drug might have been the cause of their babies birth defects. The court ruled in favor of the plaintiffs on the motions, and the settlements were achieved shortly thereafter..
Amount of settlement sealed by the Court. Law Group food poisoning lawyer, Nick Allis, settled a Food poisoning E. coli case resulting in Hemolytic Uremic Syndrome, HUS on the eve of trial. The case resulted in one of the largest E.coli settlements or verdicts ever reported in the United States.
Most recently our Law Group pharmaceutical product liability lawyers have settled many Vioxx cases in the context of the Vioxx Class Action. In many of our cases we filed appeals of settlement awards granted by the settlement administrators, gaining superior settlement awards upon the appeals.
*The results obtained in the cases listed were dependent upon the facts of the cases, and the results will differ in other cases based on different facts

Driving Under the Influence of Cell Conversation Results in DUI Level Driving Impairment And a 4 fold Increased Likelihood that the Driver will Cause an Accident.
Read the Henke Law Group Scientific Review Article. As Auto Accident Lawyers Knowledgeable About the Scientific Evidence, We Can Investigate to Establish That The Other Driver Was On His Cell Phone, and The Evidence Can Often Make the Difference in a Contested Liability Case.
In Serious Accident Cases, Where Our Auto Accient Lawyers Can Establish That the Motorist Was Engaged in a Business Call, Our Accident Attorneys Can Bring the Motorist's Employer in as a Defendant and Recover Against the Employer's Assets and Insurance Coverage.
Our auto accident attorneys have reviewed all the epidemiology and controlled experimental literature on the effect of cell phone conversation to impair driver attention. Driving under the influence of cell conversation results in DUI level driving impairment and renders the motorist four times more likely to cause an accident. Contrary to popular belief, it is not "holding" the cell phone which results in the impairment. It is the diversion of conscious attention to the internal-cognitive tasks associated with the give and take of the cell conversation away from the external-visual tasks essential for safe driving. Indeed, it does not matter whether the motorist uses a handheld or hands-free cell phone, the impairment is the same, and the 4 fold increased likelihood that the motorist will cause an accident is precisely the same. Yes, a number of other states have enacted "handheld cell phone" laws; unfortunately that is just a function of politics. The scientists are not in dispute. All agree that driving under the influence of cell phone conversation, regardless of the device used, results in the identical DUI level driving impairment and increased likelihood that the driver will cause an accident.
It is important that the auto accident lawyer obtain the cell phone records of the other driver in every "contested liability case," and especially in any serious injury auto accident litigation in which it appears that the other driver lacks sufficient insurance coverage to fully compensate the plaintiff for his injuries and full measure of his damages. In the contested liability case, the evidence of the other party's cell phone use in the moments prior to the accident may snatch victory from the mouth of defeat. In the most common serious injury auto accident case in which the motorist lacks sufficient insurance to fully compensate the client for his injuries and damages, it is essential that the auto accident attorney obtain the cell phone records of the motorist and conduct the appropriate depositions to determine whether the other driver was engaged in a business call in the moments leading up to the bicycle accident. If he was, then the knowledgeable auto accident lawyer can bring the employer into the litigation as a defendant, "vicariously liable" for the injuries caused by its employee in the "course and scope of his employment." In this way the auto accident accident lawyer may assure that his client will be fully compensated up to the limits of the employers insurance policy, and indeed, the employer's assets would be available to execute against.
Read the Henke Law Group Scientific Review Article. As Auto Accident Lawyers Knowledgeable About the Scientific Evidence, We Can Investigate to Establish That The Other Driver Was On His Cell Phone, and The Evidence Can Often Make the Difference in a Contested Liability Case.
In Serious Accident Cases, Where Our Auto Accient Lawyers Can Establish That the Motorist Was Engaged in a Business Call, Our Accident Attorneys Can Bring the Motorist's Employer in as a Defendant and Recover Against the Employer's Assets and Insurance Coverage.
Our auto accident attorneys have reviewed all the epidemiology and controlled experimental literature on the effect of cell phone conversation to impair driver attention. Driving under the influence of cell conversation results in DUI level driving impairment and renders the motorist four times more likely to cause an accident. Contrary to popular belief, it is not "holding" the cell phone which results in the impairment. It is the diversion of conscious attention to the internal-cognitive tasks associated with the give and take of the cell conversation away from the external-visual tasks essential for safe driving. Indeed, it does not matter whether the motorist uses a handheld or hands-free cell phone, the impairment is the same, and the 4 fold increased likelihood that the motorist will cause an accident is precisely the same. Yes, a number of other states have enacted "handheld cell phone" laws; unfortunately that is just a function of politics. The scientists are not in dispute. All agree that driving under the influence of cell phone conversation, regardless of the device used, results in the identical DUI level driving impairment and increased likelihood that the driver will cause an accident.
It is important that the auto accident lawyer obtain the cell phone records of the other driver in every "contested liability case," and especially in any serious injury auto accident litigation in which it appears that the other driver lacks sufficient insurance coverage to fully compensate the plaintiff for his injuries and full measure of his damages. In the contested liability case, the evidence of the other party's cell phone use in the moments prior to the accident may snatch victory from the mouth of defeat. In the most common serious injury auto accident case in which the motorist lacks sufficient insurance to fully compensate the client for his injuries and damages, it is essential that the auto accident attorney obtain the cell phone records of the motorist and conduct the appropriate depositions to determine whether the other driver was engaged in a business call in the moments leading up to the bicycle accident. If he was, then the knowledgeable auto accident lawyer can bring the employer into the litigation as a defendant, "vicariously liable" for the injuries caused by its employee in the "course and scope of his employment." In this way the auto accident accident lawyer may assure that his client will be fully compensated up to the limits of the employers insurance policy, and indeed, the employer's assets would be available to execute against.