The Electric GM Battery Test: Lithium and the Law
As circumstances have forced us to report several times recently, lithium-ion battery technology is far from perfect. A fully-depleted lithium-ion battery cannot be conventionally disposed of, as it required specialized recycling or hazardous-waste disposal. More than that, the composition of the battery can make it prone to thermal runaway events, which cause the battery to...
A Tale of Two Torts: Taxotere and WEN Hair Care
Like it or not--deny it or not--image is important to all of us. How we define ourselves is partly shaped by how we are perceived, or at least how we *think* we are perceived, by others. One area that commands a great deal of attention during our normal routine is our hair. It's a vital...
Improperly-Loaded Trailers Are a Serious Road Hazard.
A buddy of mine recently moved across town. To get the contents of his apartment from point A to point B, he rented a trailer to hitch to his car. It sounded good, but as we got started, it came to light he had no idea there was a "right" way to load the trailer....
Premises Liability: What Can I Do If I’m Injured While Staying at a Hotel?
I was recently in Austin for a client mediation and had an experience that many travelers encounter: A disgusting hotel room that smelled of stale cigarettes and mold. Thankfully it wasn't the busy time of year and I found better lodging, but not everyone is so lucky. Since poorly-maintained hotel rooms not only offend the...
Tyson Chicken Nugget Recall & Texas Products Liability Law
Tyson Foods, Inc. recently issued a recall of 132,520 pounds of pre-cooked chicken nuggets. According to their release, some of the 66+ tons of Panko Chicken Nuggets involved in the recall contain pieces of hard plastic within their processed pieces. The U.S. Department of Agriculture's Food Safety Inspection Service is helping to circulate the Class...
What Do I Do if I’m Injured by a Power Morcellator?
A common but highly-unwelcome occurrence for women is the development of uterine fibroids, small generally-benign tumors that cause considerable pelvic and abdominal pain, getting worse as they grow. Uterine fibroids occur when muscle tissue in the uterus begins to grow abnormally, though science is not yet certain of the reason for this ailment. Fibroid tissue...
Can People Seek Compensation for Zika Infections?
By now I'm sure you've heard that term; Zika is the latest mosquito-borne disease to strike fear into our hearts, following the grand tradition of West Nile, yellow and dengue fevers, and malaria. While its impact on generally healthy adults seems to be minimal--outside of exceptionally rare cases of Zika-related Guillain-Barre Syndrome--it's still undoubtedly unpleasant,...
Quality Control Issues with Smith & Wesson M&P 15-22?
Leaving aside the meta-issue of gun ownership currently burning its way through the comments section of your favorite social media, I think we can all agree that if a person is to own a firearm, it would be great if that firearm were trustworthy and not prone to surprising "quirks." Recent reports from Project Appleseed,...
Samsung Galaxy Note 7 and Products Liability Law
It was a recall that sort of flew under the radar, until the Federal Aviation Administration issued a statement urging Samsung Galaxy Note 7 devices not to power up the devices in-flight, due to concerns about the batteries catching fire without warning. Since that time, the government issued a formal recall and existing rules prohibit...
Beckman v Match.com: Are Dating Sites Liable When the Dates Take a Dark Turn?
Recent research indicates that an estimated 40 million people make use of dating websites in their search for a partner. OKCupid, Tinder, Bumble, and Plenty of Fish are some of the better-known dating sites (though of course we shouldn't rule out niche sites like Farmers Only and VeggieDate). Through it all, though, one of the...
Take This to Heart: IVC Filter Risks and Recourse for the Injured
In the interest of keeping blood clots from causing debilitating and sometimes lethal damage to patients, an enterprising vascular surgeon named Dr. Kazi Mobin-Uddin invented the inferior vena cava (IVC) filter in 1969. Surgically implanted, the small filters function as traps for roving clots, keeping them from reaching the heart, lungs, or brain, where they...
I See Debris: Unsecured Belongings are Killing Motorists
Most motorists have cruised past some kind of abandoned flotsam on the shoulder of the highway. In my own travels I've seen old mattresses, lost tires, suitcases with spilled clothes, and most unusually, a destroyed photocopier. It's kind of sad to see what people left behind, whether they knew it or not at the time,...
Benzene: Its Effects and Legal Recourse for the Injured
History's progress has been fueled by some very dangerous chemicals. The chemicals that immediately come to mind are those that soak into people's bones and ruins their lives. So many are produced and used each year that safety testing for their human and environmental effects is often inadequate - or missing altogether. Unsurprisingly, some of...
How Are Texans Affected by Talcum Powder Injuries?
Even considering the hundreds of talcum powder claims that have so far been filed, the ubiquitous nature of this consumer product suggests that there are probably thousands more that are not yet reported. When a manufacturer is accused of the degree of negligence currently associated with Johnson & Johnson about its baby powder and other...
Sweat the Small Stuff: A Talk About Talc
Almost regardless of what we're doing, we perspire. Running, working, even on an evening stroll--at least in Texas--our bodies work hard to cool us off. If that's a problem for us now, try to picture the madness of strolling down the boardwalk in the middle of the summer a century ago, casually wearing a suit...
Pliva, Inc. v Mensing: Bad News for Generic Drug Takers
It can cost upwards of a billion dollars, start to finish, to put a new drug on the market. First, there's all the research and testing, tweaking the chemistry until it is demonstrably able to treat one or more health problems. Once that's done, the finished product has to go through clinical trials. It then...
Zofran and Birth Defects: The Hidden Cost of Keeping Lunch Down
A common prescription for mothers-to-be is a powerful antiemetic (a nausea control agent) called Zofran. It has been putting corks in people's urges to vomit since 1991, and was hailed for many years as a "godsend." More recently, however, research has shown that Zofran use can have extremely harmful effects on a developing fetus. Too...
Abilify and Compulsive Behavior: Betting Against the House
What is Abilify? Abilify is the brand name of the drug aripiprazole. Created by the Japanese company Otsuka Pharmaceutical, it is marketed in North America by Otsuka America and their partner company Bristol Myers-Squibb, an enormous biopharmaceutical manufacturer/marketer. In 2015 alone Abilify pulled in six billion dollars' worth of revenue for these companies. The medication's...
The Routine Job Defense and Foreseeability: Analysis
Worker's Compensation is, on the surface, a helpful institution. It's guaranteed recompense if you're hurt in the line of duty, from dish washing to long-haul trucking. And why not? It's not unreasonable to think that an employer should try to keep employees from getting injured on the job. They are, in fact, obligated by law...
Can I Sue for Injuries Sustained from Taking “Enhancement” Supplements?
All the product names used in this article are real. Truth is stranger than fiction. You see them at gas stations all the time and scoff at their ridiculous names--"Rhino 7." "Super Samurai-X." "Mojo Risen." The products often feature a passionate couple or some "powerful" animal on the packaging, though sometimes they go a little...
