On March 5, 2015, a California jury awarded $5.7 million to a Transvaginal Mesh plaintiff that alleged she suffered personal injuries after receiving an implantation of Johnson & Johnson’s Ethicon TVT Abbrevo. The TVT Abbrevo is used to treat problems such as incontinence, and is one of numerous Tranvaginal Mesh products that are the subject of over 36,000 lawsuits.

After deliberating for four days in Bakersfield, California, jurors found Ethicon liable for problems with the TVT Abbrevo’s design and for failing to warn about its risks.

Perry was awarded $700,000 in compensatory damages and an additional $5 million in punitive damages.

The jury heard the plaintiff’s extensive evidence of how the sling began to disintegrate just six months after implantation, which led to erosion of the mesh into her vagina, causing extreme pain and swelling. Mrs. Perry testified that she is no longer able to have sex due to the pain and that her incontinence is now worse than before she had the implant.

Mrs. Perry’s physician testified that he would have never implanted the sling had he known about its tendency to erode and the difficulty in removal. He also testified that he no longer implants that type of sling devise in his medical practice.

If you or someone you know received a Transvaginal Mesh implant, please call our office for a free, confidential consultation to discuss whether you have a claim.

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Plaintiffs that have filed suit after receiving a DePuy Pinnacle hip are waiting for the second “bellwether,” or test trial, to be scheduled.

In the first bellwether trial, a Texas jury found in favor of DePuy. The Plaintiff in that case, however, had a medical history not necessarily representative of the majority of other claimants. DePuy argued that the Plaintiff’s complications were a result of the placement of the implant, as opposed to the design of the hip.

The DePuy Pinnacle hip is a metal-on-metal hip, very similar to the DePuy ASR hip. DePuy, a subsidiary of Johnson & Johnson, has already settled thousands of claims with Plaintiffs that received the ASR implant.

If you or someone you know received a DePuy Pinnacle him implant, please email or give us a call at 512-499-8900.

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In September 2014, two juries returned verdicts in favor of Plaintiffs that suffered damages after being implanted with transvaginalmesh devices.

In West Virginia, a jury found Ethicon liable for selling faulty devices and failing to warn patients and their doctors that the devices may cause harmful side effects. The jury awarded $3.27 million to a Plaintiff that claimed a Gynecare TVT Obturator, or TVT-O, caused serious side effects including pelvic pain and other problems.

The case is Huskey v. Ethicon, U.S. District Court for the Southern District of West Virginia, No. 12-5201.

In Texas, a jury found that Boston Scientific Corp was liable for $73 million in damages to a Plaintiff that was implanted with an Obtryx sling. The Plaintiff claimed that she suffered from permanent nerve damage and constant pelvic pain, after receiving the sling to treat urinary leakage. The jury awarded approximately $23 million in damages for the Plaintiff’s actual and future suffering and $50 million in punitive damages after finding that Boston Scientific was grossly negligent.

The case is Salazar v. Lopez, District Court for Dallas County, No. DC-12-14349.

More than 60,000 cases have been filed against manufacturers of mesh devices.

If you or someone you know has experienced pain or other side effects after being implanted with a mesh device, please feel free email or to call our office at 512-499-8900 for a confidential consultation.

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A few years ago outside of Houston on I-10 one of most severe documented auto accidents in Texas history occurred.  Heavy fog covered the highway on one of the busiest travel weekends of the year. In the accident, as many as 150 vehicles piled up, two were fatally wounded and 100 more were injured.

Multi-car pileups are scary, dangerous, and can be emotionally traumatic for anyone involved. The deputy on the scene said the fog was so thick he could not see 10 feet in front of his police car.  The fatalities occurred as an SUV collided with the vehicle in front of it and was subsequently crushed by an 18-wheeler from behind.

Avoiding Multi-car Pileups

For starters, if the fog is so thick you are not able to see 10 feet in front of you, it may be wise to get off the highway until it passes. Most days in Austin and Houston, though, we don’t have to worry about fog, but multi-car pileups are still a legitimate threat.  So here are a few extra things you can do to try and protect yourself from being injured or fatally wounded in such an accident.

• Avoid driving in fog, smoke, heavy rain and low visibility conditions
• If you must drive in low visibility conditions, slow down and turn your lights on
• Try to always be aware of where the 18-wheelers are
• Practice defensive driving and always leave yourself an “out” 

When an accident does occur in front of you

• Don’t freak out – resist the urge to slam on your brakes
• Do your best to calmly pull to the shoulder and get out the way
• Turn on your head lights, fog lights and hazard lights

If you have been involved in a multi-car pileup due the negligence of another driver (or multiple drivers), you need the help of an attorney who understands your situation.  Not only is there property damage and personal injury to cover, but the damages that you should be compensated for could potentially include all related medical bills, loss of work, rehabilitation, and pain and suffering.

Austin & Houston Severe Accident Lawyers

The experienced personal injury lawyers at Shaw Cowart LLP devote compassionate attention to your case.  Our aim is to alleviate as much pressure as possible while providing aggressive legal representation to help you and your family pursue the just compensation you deserve. Contact us anytime online or call M-F toll free at 1-512-499-8900.

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The validity of your patent will come into question. Count on that as fact if you decide to pursue taking legal action in order to protect your patent from infringement. If the defense is unable to weaken the validity of the patent itself, adversarial attorneys will attempt to say that your patent is unenforceable and that the “inequitable conduct” has occurred by you, your partners and your attorney. These attacks could take on a multiplicity of forms.

In other words, taking these risks for the benefit of upholding and protecting your patent means you will need to have thick skin and quite a bit of patience.

Potential Rewards For Your Patent Suit

According to this Harvard Law article, the largest judgment ever given for patent infringement litigation is $1.67 billion in the case of Centocor Ortho Biotech vs. Abbott Laboratories. Chances are, if you have legitimate cause for filing a patent infringement suit, you will be encouraged to settle out of court.

If you do follow the path of litigation all the way through, damages could be awarded in direct proportion to any lost profits. In addition, royalties could be awarded as the court deems reasonable. Lastly, litigation could lead to additional punitive award if the infringer was found to have acted in full knowledge or to have conspired to take part in the patent infringement for profitable gain. Most importantly, perhaps, the infringer may be ordered to stop future infringement.

Patent Infringement Litigation

When you do file suit for patent infringement, you need to know a few of the different types of patent infringement lawsuits that may be at play.

• Direct patent infringement
• Indirect patent infringement
• Infringement by inducement
• License disputes
• Declaratory judgments

How Shaw Cowart Patent Defense Attorneys Can Help

Having worked alongside many clients over the years in pursuit of protecting from patent infringement, the team at Shaw Cowart is uniquely positioned to walk you through the process from start to finish. We will communicate what all is at stake, setting reasonable expectations, and making sure the litigation does not exceed your financial expectations.  Our ultimate goal is to see to it that your interests in that patent are totally protected.

Enlist the proven advocacy and depth of experience of Shaw Cowart. Contact our Texas patent defense lawyers today for a free initial consultation.

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A December, 2010 ruling by the Texas Supreme Court, states that if a Texas contract labor employee injured on the job, is working for an employer providing workers’ compensation insurance, the injured worker cannot sue the employer for negligence.  In the past there had not been a clear ruling on the matter as it related to contract employees.

While this is ruling can have a positive effect as far as the contract employee’s ability to receive medical care and financial assistance for lost wages when they are injured on the job, workers’ compensation does not pay out as much as the injured person might receive if they were allowed to sue their contract employer for negligence.

If a contract worker is injured on the job, they are not allowed to sue their employer for wrongful termination, workplace discrimination, or harassment since they are not considered a permanent legal employee of the company.

Contract Labor and Workers’ Compensation

In most circumstances, contract employees are covered by workers’ compensation insurance by the employer who has contracted them out to other companies; thereby, giving the contract employee the legal right to sue a company where they are working for negligence if they are injured at that worksite.

Keeping Up with What’s Covered and What’s Not

Since labor laws are constantly changing, if you are a contract worker and have been injured at your worksite, contact Shaw Cowart to learn more about what’s covered and what’s not in your worksite accident.

Call Shaw Cowart’s contract labor attorneys today.  We will fight for your rights to fair and just compensation.

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During the past few years, several companies producing blood glucose metes have issued recalls due to inaccurate readings for blood sugar levels.

When an individual purchases a blood glucose meter it’s always a good idea to register the meter with the company of origin in case there is a problem such as a recall of the meter.  If the purchaser has registered with the company, they can be contacted immediately and possibly avoid having their health adversely affected.

Some blood glucose meters malfunction and give skewed readings failing to alert the user if they need to adjust their insulin, or food intake which, has the potential for causing serious health issues and in some cases death could occur.

The symptoms associated with blood sugar levels that are too high include:

• Feeling excessively thirsty
• Excessive urination
• Nausea
• Vomiting
• Pain in the abdomen
• Weakness
• Blurred vision

If your blood glucose meter’s reading appears to be unusually low or high, it’s critical that your doctor is contacted immediately.

The companies that have recalled some of their blood glucose meter’s over the past few years include:

• Johnson & Johnson LifeScan unit recalled/2013 OneTouch Verio IQ ® blood glucose meters, in addition to other units being recalled outside the U.S.
• Roche (ACCU-CHEK Aviva Glucose Meters/2006- may also include some produced in 2005)
• Abbott (FreeStyle® & FreeStyle Flash®/2014 – the production of these two meters ceased after 2010, but the recall was initiated in Feb 2014).  FreeStyle lnsulinx® recall issued in April, 2013.

Shaw Cowart Medical Recalls

If you suffered injuries due to false or skewed blood glucose readings from using your blood glucose meter, contact Shaw Cowart to discuss your legal options.

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The Food and Drug Administration began requiring manufacturers of prescription drugs to stamp an expiration date on all their products in 1979. In most cases, these dates may be anywhere between 12 to 60 months from the date they were initially produced.

If prescriptions, and other pharmaceutical products are properly stored these stamped dates may be accurate; however, the consumer rarely considers what being “properly stored,” may mean.  If not properly stored some medications deteriorate rapidly and may be ineffective in the treatment of a disease or illness.  This can be extremely dangerous if a person has a heart condition or some other life-threatening illness that depends upon their taking the prescription to survive.  At the very least, their body can be further damaged by the ineffective drug.

FDA Mandates for Drug Expirations

The FDA may need a mandate requiring pharmaceutical manufacturers to state exactly how, and for how long prescriptions must be stored to remain effective.  There are some instances where a pharmacy may note that a certain drug should not be stored in high temperatures (i.e., above 72°, etc.), or in areas with “high humidity.”  But even these may not be adequate warnings for the consumer. What if prescriptions are mailed to a consumer, as many are, during excessively warm temperatures so common during the summer months where temperatures easily exceed the recommended 72° for some prescriptions, or even extremely cold temperatures that fall far below the recommended temperature stated on the prescription or other pharmaceutical product?

Shaw Cowart Drug Litigation

If you or someone you love have taken a prescription drug or some other pharmaceutical product and experienced serious side effects, contact Shaw Cowart drug Litigation attorneys today to discuss your legal options.

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Getting the opinion of an expert witness in a jury trial can either make or break your case, and depends upon many factors surrounding their knowledge, skills, and the way they present themselves.

An expert witness will help you win your case if they have the following expertise:

• Being well-prepared but spontaneous in their testimony or replies to questions from friendly or opposing attorneys
• The ability to verbally illustrate complicated, detailed information using verbiage that any lay person can understand by articulating it in such a way that no one is offended or demeaned.
• Being relaxed, calm, self-assured and confident, but not arrogant or condescending  during questioning and testimony phase
• Being unbiased and objective, but factual in the presentation of their information

Expert witnesses must also be cognizant of their body language and what it is communicating to the jury:

• Being professionally dressed gives an expert witness credibility in the eyes of the jury
• Folding their arms across their chest or abdomen will display a lack of confidence, and even wearing a buttoned vest, or jacket can send the jury the message that they are distanced from the expert witness
• Keep hands relaxed and open and never hold them close to the chest
• Turn towards the jury as much as possible to maintain as much openness as possible
• Direct eye contact with both the opposing attorney and the friendly attorney to show respect and confidence

Many people are of the opinion that expert witnesses are only necessary in high-profile cases; however, any trial attorney will tell you that their testimony is often critical in successfully presenting convincing testimony to a jury regardless of whether it involves financial compensation, or a guilty, or not-guilty verdict.

Shaw Cowart Knows the Importance of Getting the Opinion of an Expert Witness

Contact Shaw Cowart today to discuss the value of using an expert witness in the presentation of your case.

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When our doctors prescribe a drug to cure an illness or to eliminate our pain, we have a right, as consumers, to expect the drug prescribed by our doctor to heal us and not harm us.  Unfortunately, in many cases the opposite happens, and we are further injured by the drug that was supposed to heal us or ease our pain.

Learning from a news report that the drug we are taking, or have taken in the past, is being recalled can be very disturbing, especially if we have experienced some or all of the side effects initiating the recall.

Steps to Take for Recalled or Defective Drugs You Have Taken

• Contact your prescribing physician immediately.
• If you have experienced any side effect from the recalled drug, discuss them with your physician, including any side effects that may be delayed in presenting.
• Immediately contact your Austin, TX lawyer at Shaw Cowart to determine your options for a suit which may include participating in a class action lawsuit.

Any type of lawsuit involving drug recalls may be an extended process.  If you have suffered injuries resulting from taking a recalled drug, it’s important to note that you may be entitled to compensation for those injuries. Pursuing a personal lawsuit may be effective recourse to ensure that you have the financial means to pay for the specialized medical treatment you may need in order to receive medical treatment for your injuries, and also to pay for loss of wages while you recover.

Representation in Austin, TX

Contact Shaw Cowart in Austin, TX today to discuss your options after taking a recalled/defective drug.  Our team of experienced lawyers will be happy to meet with you to discuss the details of your case, and how they can protect your rights and ensure that you receive the compensation you deserve.

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