Personal Injury and Social Security Disability Blog

Link of the Day - Texas Drivers Handbook

The Texas Drivers Handbook is 104 pages of information we were all supposed to learn before we got our drivers license. I wonder how many of us could pass a test on this book now? (This is a PDF file.)

Houston Vioxx Jury Chosen, Opening Arguments Started

An article on the MSN Web site has information about the beginning of the federal Vioxx trial in Houston. Here is an excerpt from the article, speaking of the plaintiff's lawyer, Andy Birchfield:

Birchfield, who spoke for less than an hour, noted that Merck likes to cherry pick the 18-month hallmark to demonstrate that the drug could not have caused problems in patients who took it for a shorter time. But he told jurors a study showed Vioxx can cause problems after just seven days.

He said that Merck knew about Vioxx's safety problems before it was launched in 1999. Birchfield quoted from internal e-mails, including some from Merck scientists who raised warning flags about its cardiovascular risks, to support his assertions.

Merck made a "premeditated, financial decision" not to warn patients about the drug's risks because it wanted the revenue the former $2.5 billion seller would generate, and longed to beat Pfizer Inc.'s competing drug Celebrex in the marketplace, he said.

Birchfield also said Irvin had 60 percent blockage in an artery, but that wouldn't have been enough to cause a heart attack.

Birchfield conceded that Irvin wasn't examined before taking Vioxx; he first used a sample given to him by a friend and then asked his son-in-law, a physician, to write him a prescription. The attorney said an exam wouldn't have made any difference because a doctor would have given him Vioxx if asked.

Link of the Day - Centre For Neuro Skills

The Centre for Neuro Skills (CNS) has been providing brain injury rehabilitation to clients from across the United States and world for over 25 years. Their Web site has good information on brain injury research and care.

2006 Cost Of Living Increase For Social Security Beneficiaries

The Social Security Administration has announced a 4.1% cost of living increase beginning in 2006 for Social Security and Supplemental Security Income beneficiaries.

Detailed information regarding 2006 tax rates and benefit levels can be found on this page of the SSA Web site.

Houston Vioxx Trial Starting This Week

The Houston Chronicle has an article with a good summary of the facts in the first federal Vioxx trial, scheduled to start this week. The score is tied at one each so far, and this trial is extremely important because it is the first federal trial, and whichever side gets the 2-1 advantage is going to feel emboldened for the future.

Supreme Court Of The United States Is Falling Apart

It has been reported that a large piece of the facade of the Supreme Court building fell to the ground today.

I personally consider this a sign from above (literally) that the Supreme Court is crumbling, falling apart, and embarking on a dangerous course.

Link of the Day - Texas Young Lawyers Association

The Texas Young Lawyers Association, originally organized in 1930, is a department of the State Bar of Texas. All licensed Texas Lawyers who are 36 years old or younger or who are in their first three years of licensure, regardless of age, are automatically members of TYLA. TYLA's funding comes directly from the State Bar, so there are no additional dues to pay to be a member.

It's been a really, really long time since I was eligible to be in this association, but I recommend involvement for all young lawyers. The TYLA does a lot of good work for the general public, and has the reputation of being one of the very best young lawyer associations in the country.

Link of the Day - Texas Department Of Aging And Disability Services

The older I get, the more often I visit this site. It's the Texas Department of Aging and Disability Services.

Link of the Day - U.S. Consumer Product Safety Commission

The U.S. Consumer Product Safety Commission is charged with protecting the public from unreasonable risks of serious injury or death from more than 15,000 types of consumer products under the agency's jurisdiction. The Commission's Web site contains information on product recalls and other safety-related matters.

Short-Term Vioxx Users Can Still Pursue Their Claims

I'm a little slow in reporting this court ruling, but I was reminded of it by an article at Newsday.com this week. An except from the article:

U.S. District Judge Eldon Fallon ruled Nov. 16 that plaintiff lawyers in the trial starting Tuesday in Houston may present evidence that brief Vioxx use can trigger heart attacks and strokes, rejecting Merck's motion to throw out the case for insufficient evidence. The case involves a 53-year-old St. Augustine, Fla. seafood distribution manager, Richard Irvin, who had a fatal 2001 heart attack after just a month on the former blockbuster arthritis pill.

Legal experts say Fallon's ruling blocked Merck's effort to squelch the roughly one-fourth of federal lawsuits involving short-term Vioxx use.

"It leaves Merck stuck with every dad-gum one of those cases," said Houston lawyer Mark Lanier, who in August won a $253.4 million verdict for the widow of a short-term Vioxx user in the first Vioxx trial.

Merck now will have to fight each short-term case in court or settle it, said Fordham Law School Professor James A. Cohen.

"It's a significant blow to Merck," he said Friday.