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Vioxx Update
On December 12, a mistrial was declared in the first federal Vioxx
trial in Houston. The jury was unable to reach a verdict after over three
days of deliberations. The case was filed in New Orleans, following the
2001 death of a Florida man who had taken the painkiller. The trial had
been moved to Houston because of hurricane damage in New Orleans, but has
been scheduled for retrial on February 6, 2006 in New Orleans. Merck, the
drug's manufacturer, also faces two state court cases in New Jersey that
may be scheduled for a combined trial in February, 2006.
Supreme Court Update
In November, the Texas Supreme Court granted a petition for review in
Daughters of Charity Health Services of Waco, d/b/a Providence Health
Center v. Linnstaedter, agreeing to consider whether a hospital is
entitled to assert a lien in a personal injury case arising from a work
injury, where the worker's compensation carrier paid the hospital the
amount due under the Texas Labor Code.
Selected Strasburger Successes
- Strasburger's health law practice group received a complete defense
verdict on December 14 in Dallas County in a case where we represented
an obstetrician. Plaintiffs alleged the obstetrician was negligent in
the delivery of a baby that suffered a brachial plexus injury at birth
and were seeking damages of $3 million. Partner,
Joe Turano, and senior
counsel, Carol Williamson,
handled the matter for the firm.
- On December 2, 2005, the Supreme Court of Texas reversed the
judgment of the state's Fifth District Court of Appeals in the case
DCCCD v. Bolton, et al, favoring the DCCCD and denying the class
action plaintiffs any damages from the initial $15 million judgment
handed down by the lower courts. Strasburger partner
P. Michael Jung argued the case
for the Dallas County Community College District (DCCCD) before the
Supreme Court on January 7, 2004.
- Strasburger's health law practice group obtained a successful
verdict for our client before the 44th District Court of Dallas County.
Partner, Joe Turano, and
senior counsel, Carol
Williamson, represented an orthopedic spine surgeon and his practice
against the Plaintiff's allegations of unnecessary scoliosis revision
surgery. The Plaintiff, who was left partially paralyzed as the result
of the surgery, sought $6 million in damages. The firm obtained a
complete defense verdict after a one week jury trial in November.
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