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Texas Personal Injury News

Tuesday, April 19, 2016

Mineral Royalties Lawsuits Rising from the Oil Bust


What is the value of CO2 in the oil sector?

There are vast numbers of mineral rights owners in the state of Texas and elsewhere in the Southwest, some of whom have been bringing lawsuits against energy producers for not paying the proper royalty compensation. Recently, a Denver resident, Jack Grynberg, was awarded $1.5 million by a Texas jury which found that ExxonMobil failed to act in good faith in connection with royalty payments for CO2 rights. Mr. Grynberg owns royalty rights on federal lands in southwest Colorado that has large reserves of the gas.


Read more . . .


Sunday, April 17, 2016

Volkswagen Facing Deceptive Practice Claims by the FTC


What is the fallout from VW's diesel emission controversy?

As has been widely reported, Volkswagen Group was found to have rigged its line of diesel vehicles with computer software designed to cheat emissions tests. The German automaker has been the target of a criminal investigation, as well as a wave of lawsuits. Now, the Federal Trade Commission is also on the case having accused VW of deceptive practices for falsely advertising its diesel vehicles' significantly reduced emissions.

Deceptive and Unfair Practices

The FTC has enforcement authority to protect consumers from deceptive and unfair practices. These practices include misrepresentation, false advertising and other deceptive, fraudulent or unethical methods utilized to obtain business.


Read more . . .


Tuesday, March 29, 2016

Years After Officer's Death, Texas County Sues His Family for Medical Expenses


Does the statute of limitations bar a county from trying to recover medical costs after waiting for five years?

In 2010, a Texas sheriff's deputy responded to a call seeking assistance with a traffic stop of a possible stolen car. With flashing lights and siren on, he sped to the scene but, en route, had to swerve to avoid soundproofing that fell off a flatbed truck. Gravely injured, he died eight days later in the hospital.
Read more . . .


Monday, March 28, 2016

Serious Consequences, Including Cobalt Toxicity, Result from Metal Hip Implants


What are some of the dangerous complications of having metal hip replacements?

Though many recipients of metal hip implants have been completely satisfied with their medical devices, thousands of patients who have gone through the surgery have reported serious problems. It a great many cases, such dissatisfaction has resulted in recalls, lawsuits, and even government action.

While over the past many years, metal hip replacements have become increasingly common as an improvement on plastic and ceramic prosthetics for replacement of the ball-and-socket joint of the hip, promising relief from the severe pain of osteoarthritis or athletic injury, there has been a high rate of complications with these metal devices. This has been true whether the patients having metal hip replacements were over or under the age of 50. Since 285,000 hip replacement surgeries are performed each year, and since medical research has shown a failure rate as high as 50 percent within six months, we are talking about a very serious problem.
Read more . . .


Monday, March 28, 2016

Texas Man Files Product Liability Lawsuit against Gun Manufacturer Following Loss of Leg


Consumer product manufacturers are under a heightened duty to ensure their goods are safe and hazard-free. If a product is dangerous, with the potential to cause injury, manufacturers design the product in the safest way possible to help minimize the risk of severe, catastrophic injuries, and must issue clear warnings as well.

With extremely dangerous items, like guns or explosives, manufacturers are under what is known as a “strict” product liability standard –- or, the product is so inherently dangerous, the plaintiff will prevail in his or her lawsuit regardless of any applicable defenses to the plaintiff’s allegations.
Read more . . .


Saturday, March 19, 2016

Johnson & Johnson Negligent in Talc-Ovarian Cancer Case


Johnson & Johnson was ordered by a St. Louis jury to pay $62 million in compensatory and punitive damages to the family of a woman who died of ovarian cancer after using the company's Baby Powder and Shower to Shower for feminine hygiene. The company was found guilty of negligence, failure to warn (a key element of the case), and conspiracy to conceal risks associated with its products. Of the $72 million award, $10 million were for compensatory damages and $62 million were added for punitive damages.

The trial is the first of 1,200 ovarian cancer claims filed in the last two years against J&J and the company that supplied the talc -- the ingredient that was found to be the cause of the deceased woman's ovarian cancer.
Read more . . .


Monday, February 22, 2016

Family Sues Utility for Wrongful Death after It Cuts Off Power to Oxygen Machine


Can a power company be liable for damages when it cuts off electricity for non-payment? 

Patients who depend on oxygen machines to survive require electricity 24/7. Tragically, when the Sam Houston Electric Company cut power to one of its subscribers for non-payment of $129.62, the result proved fatal. The family of the deceased is seeking in excess of $1 million in damages for


Read more . . .


Sunday, February 21, 2016

Legislating Reduction of Health Risks from Tainted Medical Devices


Can new warning system help track negligence regarding medical products?

Tragically, many serious infections and deaths have been spread in hospital settings because of tainted medical scopes. This shocking finding, recently reported by members of Congress, federal officials and health-policy experts, has prompted intense dissatisfaction with the FDA's surveillance system for such devices, a system which is clearly inadequate, relying too heavily on manufacturer's reportage of problems with their own products.
Read more . . .


Sunday, February 14, 2016

Family Files $500 million Negligence Lawsuit After Fatal House Fire


 In an unbelievable Christmas Day tragedy, a couple was killed and a dozen more people were injured when an unexpected explosion rocketed the roof right off a San Benito, Texas home – and now, surviving loved ones want answers. According to preliminary information, the explosion was caused by a possible propane leak affecting a tank immediately adjacent to the home. And, in a


Read more . . .


Friday, February 12, 2016

The Basics of Personal Injury Lawsuits


Under what circumstances, and how, do personal injury cases proceed?

Personal Injury cases are legal disputes arising from a circumstance in which one person suffers harm from an accident or injury and believes that someone else or some other entity (such as a corporation) is legally responsible for the resulting physical and emotional harm.

The vast majority of personal injury cases are settled out of court, either before a lawsuit is filed, once one has been filed, or even after the case goes to the judge or jury.

The Stages of a Personal Injury Case

The stages of a personal injury case may include some, or all, of the following: 

  • Attorney consultation to discuss details of case and to see if you two are a good fit
  • Filing initial court papers
  • Fact-finding and discovery, including getting information from the opposing team regarding physical evidence, witnesses, and medical data
  • Resolution before trial -- frequently there are Motions to Dismiss before trial
  • Settlement -- in most cases lawyers on both sides negotiate a settlement, sometimes a structured settlement
  • Trial -- if the case is not settled, it goes to trial
  • Collecting money after judgment
  • Appealing a decision or judgment

There may be a limited time frame after the injury occurs during which a personal claim may be filed.


Read more . . .


Saturday, January 30, 2016

How does the law define personal injury in terms of damage to prosthetic limbs?


Modern technology continues to force society to redefine its concepts. This is now becoming evident in the arena of personal injury. Traditionally, "personal injury" has referred to injury to the body, clearly understood to mean human tissue. All other damages were considered to affect "property." Today, however, as more and more prosthetics are coming into use, the distinction between the biological and the mechanical is becoming less and less clear.
Read more . . .


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Chandler, Mathis & Zivley, PC has offices located in Houston and Lufkin Texas and serves clients throughout East Texas as well as many other states.
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