Clark, Love & Hutson, PLLC

Houston Texas Plaintiff Litigation Law Firm

Report: arsenic found in bottled water

You trust that the products you consume are safe from harmful substances. If a product becomes contaminated, the company issues a recall, right? That isn’t always the case.

Consumer Reports reports that the Keurig Dr Pepper company has sold an imported bottled water containing twice the legal limit of arsenic in the United States. The report stated that the Food and Drug Administration (FDA) flagged the product but may have known about the contamination as early as 2013. Both the company and the Mexican government are now investigating these claims.

Texans harmed by dangerous drugs deserve justice

Modern medicine is truly remarkable. It seems as if advancements in the medical world are being made every day. However, it is essential that drug manufacturers thoroughly test their products before putting them on store shelves, to ensure consumers in Texas and across the nation are safe.

Unfortunately, sometimes in a quest to get their product on the marketplace before competitors do, drug manufacturers let dangerous drugs slip through the cracks -- or worse, knowingly leave a dangerous drug on the market. It is essential that drug manufacturers are held accountable in such situations. This is because a dangerous drug can cause a patient to suffer a worsened condition or even death.

What types of medical errors could lead to plaintiff litigation?

We trust that after years of education and training, the doctors, nurses, surgeons and other medical professionals who care for us when we are ill or injured know what they are doing. For the most part, medical professionals in Houston meet their duty of care to their patients. However, they are not perfect, and mistakes are sometimes made. When a medical mistake is made due to the negligence of the medical practitioner at issue, it could lead to plaintiff litigation.

In general, there are several types of medical malpractice to be aware of. For example, mistakes can be made during surgical procedures. The surgeon could operate on the wrong body part or leave an instrument in a patient. These mistakes could alter a person's life forever, leading to a worsened medical condition, pain and suffering and other problems.

Texans need to know that robotic surgery for cancer may be unsafe

It may seem like using surgical robotic devices may be less risky than traditional surgical methods. After all, advances in technology may mean that large incisions and other surgical risks are minimized. However, Texans may be concerned to learn that the U.S. Food and Drug Administration has issued a warning stating that the use of robotic devices in cancer operations may be unsafe.

The FDA stated that surgical robotic devices may increase safety risks and could even lead to poor surgical outcomes for those who undergo operations using these devices. The FDA reviewed recent studies that claimed that there is limited data on the risks of using robotics during cancer operations. Thus, the FDA determined that it cannot properly verify whether robotic devices are an effective way to perform operations on those with cancer.

Settlement reached in Xarelto dangerous drug litigation

Blood thinning medications are often used by people in Texas who suffer from heart diseases and other medical conditions that could lead to blood clots. However, recent legal claims alleged that a specific blood thinner, Xarelto, lacked warnings that the drug could be dangerous.

Drug giants Bayer and Johnson & Johnson recently reached a $775 million settlement that resolved approximately 25,000 claims regarding the blood thinner medication, Xarelto. The plaintiffs in the lawsuits alleged that the companies did not provide an adequate warning that the drug could cause fatal bleeding. Because the companies jointly sell the drug, each will be 50 percent responsible for paying the settlement costs.

FDA addresses policies after defective medical device litigation

In the wake of harm caused by metal hip and knee replacements and vaginal mesh, people in Texas may be concerned about any harmful side effects that may be present in the medical devices they need. Defective medical device litigation has resulted from the damages certain defective medical devices caused, but can anything be done to prevent these devices from reaching the marketplace in the first place?

For the most part, unlike medications, medical devices do not need to be tested on humans before being used by physicians to treat patients, unless the device's failure would obviously threaten the lives of patients. However, the U.S. Food and Drug Administration has elevated the risk level of devices that have been reported to the FDA as causing injuries. As of right now, manufacturers legally only need to demonstrate that the device is substantially equivalent to devices already on the market.

Can I pursue plaintiff litigation if I am partially at fault?

Personal injury claims often boil down to one thing: negligence. In general, people have a duty to act reasonably given the circumstances. If they don't, and this failure causes another person to suffer damages, they may be held legally responsible.

However, determining fault for plaintiff litigation purposes is not always straightforward. For example, what if you are struck in an intersection by a speeding vehicle, but you were also speeding? Does the fact that you were partially at fault for the crash mean you can never recover damages from the other party? Depending on the circumstances, the answer may be "no." This is because Texas recognizes the laws of contributory negligence.

FDA recalled device used to monitor blood thinner Warfarin

On Feb. 1, 2019 the FDA announced a Class I recall for the test strip produced by Roche Diagnostics used to monitor users of the blood-thinner known as warfarin, Coumadin or Jantoven. These test strips delivered inaccurate results and could lead to serious injury or death.

Texans may be concerned about cancer-breast implant link

It is not unusual for people in Texas to have plastic surgery, and one common form of plastic surgery is breast implants. Millions of women across the globe have breast implants, but this does not mean all implants are safe.

According to the U.S. Food and Drug Administration since 2010 at least 457 women in the United States have suffered a rare and deadly form of cancer that may be caused by breast implants. The cancer at issue is anaplastic large cell lymphoma. Of those who contracted it since 2010, nine lost their lives. The cancer affects cells located near the implants. It appears that more incidents of this cancer involved implants with textured surfaces, instead of those with smooth surfaces.

How long does one have to pursue plaintiff litigation in Texas?

When a person is injured due to another person's negligence, for example due to a car crash, their primary concern may just be regaining their health, so they can return to their normal life. Unfortunately, doing so can cost a lot of money, from medical bills, to missed work to emotional distress. Or, say a business owner entered into a contract that has been breached, causing them to lose the benefit they contracted for and costing them greatly both in money and time. In either of these cases, the harmed party may wish to file a lawsuit. However, a person who wishes to pursue plaintiff litigation should not wait too long to do so. This is because Texas, like all other states, has a "statute of limitations" with regards to civil claims.

A "statute of limitations" is basically the period of time that a person has to file a lawsuit. Once that time period is over, a person is barred from filing a lawsuit, even if they would have had grounds for doing so based on the facts of their case. There are different statutes of limitations based on the type of claim being filed.

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