Fosamax Fracture Trial Begins

Merck Knew of Fosamax Bone Risk in ’90, Lawyer Tells Jury
By Erik Larson – Apr 9, 2013 1:18 PM CT

Merck & Co. (MRK) was aware its Fosamax osteoporosis treatment might cause brittle bones and increase fracture risks years before the drug was made available to the public, a lawyer told a jury at the start of a lawsuit trial.

Starting in 1990, five years before Fosamax won approval by U.S. regulators, consultants began warning Merck that the drug could lead to spontaneous fractures in some users by preventing bones’ natural daily repair of so-called micro-fractures, Paul Pennock, the lawyer for plaintiff Bernadette Glynn, said today in federal court in Trenton, New Jersey.

“This company should have warned of the problems that they saw coming,” Pennock said in his opening statements to the jury, while holding a life-size replica of a thigh bone. “The company should have warned of the problems they learned actually were happening — that’s an obligation of the company.”

Merck, based in Whitehouse Station, New Jersey, faces about 3,300 femur-fracture suits. Glynn, 58, may the first such claimant to get a jury verdict, after an earlier lawsuit ended in mistrial last month. The case may be a bellwether revealing litigation strategy and potential damages awards.

The trial before the jury of three men and five women chosen yesterday is scheduled to last three weeks and will hear from medical experts on both sides of the dispute.

‘Theoretical’ Warnings
The second-biggest U.S. drugmaker denies the claims. Its lawyer, Chilton Varner, said the consultants’ early warnings were “theoretical” and that early studies showed people who took Fosamax instead of a placebo had fewer fractures.

Glynn, an elementary school worker from Cohoes, New York, who regularly takes long bike rides and yoga classes, claims Fosamax weakened her femur over a seven-year period, causing the leg bone to snap in April 2009, when she bent over in her garage to pick up a frog-shaped lawn ornament while gardening.

Glynn’s leg was repaired with surgery and the use of rods, according to her complaint. She and her husband, who sued in September 2011, appeared in court today with their children. She has never had osteoporosis and was prescribed the drug due to low bone-mass density, her lawyer said.

Merck claims Glynn’s fracture was the result of her bone condition, and that tests showed Fosamax had helped. Merck also claims Glynn broke her leg after tripping over a chain saw in her garage and falling down — a description Merck says she gave to emergency workers on the day of the accident.

‘Spontaneous Fractures’
“You might think from what you’ve heard this morning that Fosamax causes these spontaneous fractures,” Varner said in her opening statements. “Such fractures occur in people who have never taken Fosamax as well as people who have — such fractures have occurred long before Fosamax.”

Merck also denies claims that doctors and patients weren’t properly warned when the company learned of reports that Fosamax could cause so-called atypical femur fractures in some people — a warning that went on the drug’s label in 2009.

Merck also says that regardless of what was on the label and when, Glynn’s fracture wasn’t atypical, because the break was spiral in nature instead of straight across, the bone broke into more than two pieces, and the wound healed quickly. Varner also said that Fosamax doesn’t accumulate in the part of the bone that fractured in Glynn’s case.

Strongest Bones
Pennock said femurs, as the strongest bones in the body, usually only break in high-force incidents, such as car accidents, and not from falling down. Because Fosamax is designed to repair daily bone damage by stopping the natural clearing of old bone, the process results in micro-fractures building up instead of being naturally replaced, he said.

“The evidence is going to show you that it wasn’t a surprise — it wasn’t coming out of the blue,” he said of Merck’s discovery of Fosamax’s possible fracture risks. “They looked for it and studied it — when all the information starting coming in, they did nothing about it.”

The company faces another 1,230 cases alleging Fosamax caused similar fractures in jaws.

The case is Glynn v. Merck Sharp & Dohme Corp., 3:11- cv-05304, U.S. District Court, District of New Jersey (Trenton)

To contact the reporter on this story: Erik Larson in federal court in Trenton, New Jersey, at elarson4@bloomberg.net

To contact the editor responsible for this story: Michael Hytha at mhytha@bloomberg.net

Jury finds for Plaintiff in J&J vaginal mesh trial

J&J Failed to Warn of Vaginal Mesh Risks, N.J. Jury Rules

By David Voreacos – Feb 25, 2013 10:28 AM CT.

Johnson & Johnson (JNJ)’s Ethicon unit failed to properly warn of the risks of a vaginal mesh implant and made fraudulent misrepresentations to a South Dakota nurse who sued, a New Jersey jury ruled.
Jurors ordered J&J to pay $3.35 million to Linda Gross, the nurse, and her husband. Linda Gross, 47, had 18 operations after the device was implanted.
The jury ruled that J&J, the world’s biggest seller of health-care products, didn’t defectively design the mesh and didn’t make fraudulent misrepresentations to Gross’s doctor.
The verdict in state court in Atlantic City came in the first of more than 2,100 lawsuits to go to trial over claims that Ethicon’s Gynecare Prolift injured women.
Gross claimed that J&J failed to warn her and her doctor of the risks and made fraudulent misrepresentations to her. Her lawyers said company documents and e-mails showed Ethicon knew the mesh would cause pain and harm women. She blamed the mesh for constant pain that makes it hard to sit and for subsequent operations to remove mesh that hardened.
“We’ve established during this trial that this is something that never should have been sold,” Gross attorney Adam Slater told jurors in his summation on Feb. 15. “You had the words of the people at the company saying it shouldn’t have been sold. You saw them talking about that before it ever went on the market, that it was unreasonably dangerous.”
J&J claims the Prolift is safe and effective and it warned of the risks.
“Our position is that the Prolift is a safe and effective product, that Ethicon adequately warned doctors of the risks, that doctors knew of the risks,” J&J attorney Christy Jones said in her closing arguments.
Gross sought $3.38 million for lost earnings and past and future medical expenses. She also sought unspecified damages for pain and suffering.
The case is Gross v. Gynecare Inc., Atl-L-6966-10, Superior Court of Atlantic County, New Jersey (Atlantic City).
To contact the reporter on this story: David Voreacos in Atlantic City, New Jersey, at dvoreacos@bloomberg.net
To contact the editor responsible for this story: Michael Hytha at mhytha@bloomberg.net

JUVENILE LAW

The Basics Every Parent Should Know.

(Some text forwarded from a State sponsored website.)

Juvenile cases may include charges that a child is delinquent, dependent, or in need of supervision. A delinquent child is a one who has committed an offense which, if that child were an adult, would be considered a crime. A dependent child is a one who is orphaned, neglected, or abused and in need of care. A Child in need of supervision (CHINS) is one who committed an act which, if the child was an adult, would not be classified as a crime, but is in need of care or rehabilitation. A child in need of supervision may be habitually truant, disobedient to his parents, or a runaway. A serious juvenile offender is a child adjudicated to be delinquent and the delinquent acts charged in the petition would be similar to an adult committing a Class A felony, a felony resulting in serious physical injury, or a felony involving physical force, a deadly weapon, or a dangerous instrument. A child adjudicated to be a serious juvenile offender must be committed to the Department of Youth Services for a minimum of one year. A multiple needs child is one coming to the court’s attention who is at risk of being placed in a more restrictive environment because of emotional or mental problems, dependency, delinquency, or alcohol or drug dependency and whose needs require the services of two or more state agencies. These children are referred by the court to the county children’s services facilitation team for evaluation and recommended service plan. The court may accept or modify the service plan if the court determines it is in the best interest of the child to do so and order the provision of the services.

How do Juvenile Cases Get Filed?

An individual, including a law enforcement officer, a parent, a relative, or a neighbor, who has knowledge that a juvenile has committed a delinquent act, is in need of supervision, or independent, may file a complaint with the juvenile court. A juvenile intake officer will review the complaint to ensure that it is sufficient and that the court has venue and jurisdiction and will decide whether a normal petition will be filed with the court. The intake officer will notify the parents of the child’s detention and advise the child and parents of their rights, including the right to have an attorney present at all proceedings.

One of the most important decisions made by the intake officer is whether or not a child should be released to the custody of the parents or placed in a licensed juvenile detention facility or, in the case of dependency and CHINS cases, placed in the care of the Department of Human Resources under what is termed “shelter care.” Any time a child is detained, a hearing must be held within 72 hours in order that the juvenile judge can determine whether the child should remain in detention or in shelter care or be released into the custody of the parents.

Juveniles committing certain minor and first-time offenses may be handled without judicial action. The intake officer may withhold the filing of a formal delinquency or CHINS petition, and may attempt, with the consent of the child and the parents, to make a satisfactory informal adjustment. Under an informal adjustment, the child and the parents voluntarily agree to abide by conditions established by the intake officer. Such conditions may include counseling, curfew, required attendance at school, or other reasonable conditions. The informal adjustment process cannot continue beyond a period of six months. If the juvenile and the parents abide by the terms of the informal adjustment agreement, no petition will be filed and the charges against the child will be dismissed. If the juvenile or the parents violate the agreement of the informal adjustment, the intake officer may proceed with the filing of a formal petition.

Once the petition is filed, the juvenile case will be set for trial, which, in the juvenile court, is called an adjudication hearing. At any time after the filing of a petition in a delinquency or a need of supervision case and before the holding of the adjudication hearing, the juvenile case may be handled by a consent decree. The consent decree is an agreement between the youth, the parents or guardians, and the judge. Under a consent decree, the proceedings of the court are suspended and the juvenile is placed on probation in accordance with terms and conditions agreed upon by all parties. If the juvenile complies with all conditions of the consent decree, the petition will be discharged. If the juvenile fails to abide by the terms and conditions of the decree, the petition will be reinstated and the case will proceed to adjudication.

The Adjudication Hearing

All juvenile proceedings are confidential, and juvenile trials or adjudication hearings are heard by a judge without a jury. The hearing is closed to the public. Present at the hearing will be the juvenile, the defense attorney, parents or guardians, the district attorney who will represent the state, the victim(s) of the crime, the juvenile probation of officer, and, in dependency cases, a representative of the Department of Human Resources.  At the adjudication hearing, the judge will explain to the parties their rights, the substance of the petition and the specific allegations, the nature of the adjudication hearing, and the alternatives that are available to the court should the allegations be admitted or proven. The court will then inquire of the juvenile whether he or she admits or denies all or some of the allegations contained in the petition. An admission of the allegations is similar to a plea of “guilty” in adult court; a denial of the allegations is similar to a plea of “not guilty.” If a juvenile fails or refuses to admit any of the allegations, the judge will enter a denial.

If the juvenile denies the allegations of the petition, the hearing will continue and the testimony of witnesses will be taken. The procedures for conducting the adjudication hearing are similar to those of a civil bench trial, that is, a trial by a judge without a jury.

At the close of the hearing, the court shall find that either (1) the facts alleged in the petition are true and the child is dependent, in need of supervision, or delinquent and in need of care or rehabilitation or (2) the facts alleged in the petition are not true and the child is not in need of care or rehabilitation, in which event, the petition must be dismissed.

The Disposition Hearing

Following the adjudication hearing, the court will hold a disposition hearing which may be conducted immediately or held at a later date. In delinquency and CHINS cases, the court can transfer legal custody, require public service, place the youth on probation, and/or require restitution. In delinquency cases, the youth may be committed to the Department of Youth Services. The period of time a youth is required to stay with the Department of Youth Services is determined by the department and not by the judge.

Where a child has been found dependent, the court will address the issue of the custody of the child and whether or not the child’s custody should be placed with the parents or with other guardians, or whether the child should be made a ward of the state. In those cases where the custody of the child is removed from the parents, hearings will be held periodically to review the custody issue. This process of judicial review will continue until the child is returned to the custody of the parents, until parental rights are terminated and permanent placement is made, or until the child reaches 21 years of age.

The juvenile court may at any point in the proceedings, make parents or guardians parties in juvenile cases and require the parent or guardian to perform reasonable acts necessary to promote the best interests of the child, such as attending counseling sessions or submitting to random drug screens.

Transfer to Criminal Courts

When a child 14 years of age or older commits an act which would constitute a crime if it were committed by an adult, the district attorney may petition the juvenile court to transfer the youth to the adult court for criminal prosecution.

When a petition for transfer is filed, the juvenile court conducts a hearing to determine whether it is in the best interest of the youth or the public to grant a motion to transfer. If, after hearing all the evidence, the court finds that there are reasonable grounds to believe that the allegations against the youth are true and correct, and further finds that the youth is not amenable to the services provided through the juvenile court, the court may grant the motion to transfer the case.

A conviction or youthful offender adjudication of a child transferred and tried as an adult terminates the jurisdiction of the juvenile court over pending and future offenses. This is referred to as “once transferred, and convicted, always transferred.”

Appeals

Any aggrieved party, including the state or any subdivision of the state (except in criminal cases, delinquency cases, and CHINS cases), may appeal a decision of the juvenile court. An appeal from the juvenile court is taken to one of the two intermediate appellate courts if there is an adequate record or if the parties stipulate that only questions of law are involved. In cases involving minors or adults, the right to a trial by jury must be waived before an appeal can be made directly to the intermediate appellate courts. If these qualifications are not met, the appeal must be taken to the circuit court where the case will be heard de novo.

Appeals are filed in the Texas Court of Criminal Appeals in those cases where a child is adjudicated delinquent or where a motion seeking to transfer a child to the criminal court has been granted. All other cases involving children, including CHINS and dependency cases, are appealed to the Texas Court of Civil Appeals.

 Jurisdiction and Exceptions

Juveniles 16 years of age or older who are charged with a capital offense, a Class A felony, a felony which has as an element the use of a deadly weapon or causing the death or serious physical injury of another or a felony using a dangerous instrument against certain officials, or trafficking in drugs are expressly excluded from the jurisdiction of the juvenile court. These juveniles must be tried as adults and, if convicted, may not be tried as juveniles for any subsequent offenses.

Venue in Juvenile Cases

In delinquency and in need of supervision cases, the proceedings are held in the county where the acts constituting the alleged offense occurred. In dependency cases, however, the proceedings are held in the county where the child resides or in the county where the child was present when the proceedings began.

Cases involving Minors and Adults in the Juvenile Court

The Juvenile court primarily exercises jurisdiction over children. However, in some instances, minors and adults may come under the jurisdiction of the court. For purposes of determining the juvenile courts jurisdiction an adult is defined as an individual 19 years of age or older. A minor is an individual who is under the age of 19 who is not a “child,” i.e., an 18 year old. Cases involving minors and adults include charges that a minor or adult contributed to the delinquency, dependency, or need of supervision of a child; proceedings to establish paternity of a child; charges of desertion and non-support; and proceedings for the commitment of a mentally ill or retarded minor. The court, after making a preliminary investigation, may try to resolve the issues through informal adjustment, without prosecution. If the issue cannot be resolved informally, the case would be tried in the same manner as any similar case in an adult court, but without a jury.

Tab Lawhorn is a criminal lawyer and partner at Derryberry Zips Wade Lawhorn, PLLC.  He lives in Tyler, Texas with his wife Zoe, his two loving dogs, Noodle and Fathead, and Mancat, his not-so-loving cat.  For a decade, he has fought for the rights of those juveniles who have been wrongfully accused of criminal activity.  He has founded YOURENOTGUILTY.COM and has been an active donor and community volunteer in East Texas ever since.

FEDERAL DRUG CHARGES, CONSPIRACY, AND GUN CHARGES

Dealing with the Federal Government.

By Tab Lawhorn, Member of Derryberry Zips Wade Lawhorn, PLLC

A rule of thumb with federal drug crimes is that if you have been contacted by the FBI then you have been the target of an investigation for at least a year.　Drug crimes can be violations of both state and federal law.　 When the US government is prosecuting a drug case, they will not only use the DEA and FBI to investigate the crime, they can also work with state and local law enforcement agencies to gather evidence of a drug conspiracy.  It would not be unusual for the ATF or DPS to aid an ongoing federal investigation.  For instance, a simple traffic stop by a state trooper could result in a drug seizure that could be included in a federal investigation.

I am often asked why double jeopardy doesn’t prohibit the federal government for prosecuting the same conduct that would be punishable under state law.  It’s a good question.  However, because the federal government is a separate and distinct jurisdiction from the state, then defendants can be prosecuted (and punished) under both state and federal law for drug crimes without violating double jeopardy.

Conspiracy is one of the most powerful tools that the US attorney has to prosecute crimes.　If you are charged with a drug conspiracy in federal court, this means that you are not only responsible for the drugs you allegedly possessed, but you are also responsible for the drugs that other co-conspirators possessed(even if it is someone you never met).　 The result can make a defendants guideline range for punishment astronomical. Conspiracy counts usually show up as Count 1 in a federal indictment with multiple co-defendants.  It is number one for a reason.

Gun crimes in federal court can complicate even the simplest of drug cases.　Many times a drug crime also involves a weapon.　Depending on the use of the gun and the status of the defendant, federal law imposes strict prison time minimums that can even be imposed consecutively (stacked) to any time received on the drug charges.

All is not lost if you are facing one or any combination of these charges.　Although the federal system can seem more complicated, it’s not.　In fact, the thoroughness of a federal drug investigation sometimes presents more opportunities to defend someone from the charges.　 The Federal Sentencing Guidelines leave little to the imagination of the court or prosecutors such that there are uniform punishment ranges regardless of the court, defendant, or venue.　 The key to surviving these guidelines is using a lawyer that is highly proficient in using the evidence and the guidelines to your maximum advantage.

Tab Lawhorn is a criminal lawyer and partner at Derryberry Zips Wade Lawhorn, PLLC.  He lives in Tyler, Texas with his wife Zoe, his two loving dogs, Noodle and Fathead, and Mancat, his not-so-loving cat.  For a decade, he has fought for the rights of those individuals who have been wrongfully accused of federal drug crimes, conspiracy, and federal gun charges. He has founded YOURENOTGUILTY.COM and has been an active donor and community volunteer in East Texas ever since.

First Transvaginal Mesh trial against Johnson & Johnson set to begin week of January 7, 2013

http://www.dzwlaw.com/mesh/

Johnson & Johnson (JNJ) is set to face its first trial over its vaginal mesh implant in a case brought by a South Dakota woman who blames the product for constant pain and 18 subsequent operations.

The lawsuit by Linda Gross, 47, is the first of 1,800 in state court in New Jersey to go to trial today over whether J&J’s Ethicon unit adequately warned of the risks of the device. Several manufacturers, who make the devices to shore up pelvic muscles, face lawsuits by women who blame them for organ perforation, pain, scarring and nerve damage.

“She can no longer sit comfortably for more than a few minutes without having to either stand up or lay down to try to reduce the level of pain,” Gross’s attorneys said in court papers filed in Atlantic City. “She requires various daily medications to treat her severe chronic pain.”

J&J, based in New Brunswick, New Jersey, denies Gross’s claims for failure to warn of the risks, defective design and negligence.

In August, the company stopped selling four mesh devices in the U.S., including the Gynecare Prolift that Gross had implanted on July 13, 2006. The former nurse claims her pain ruined her quality of life and keeps her from working.

J&J, the world’s biggest seller of health-care products, denies Gross’s allegations, according to an Ethicon spokesman,Matthew Johnson.

“The evidence will show that Ethicon acted appropriately and responsibly in the research, development and marketing of pelvic mesh products to treat debilitating conditions affecting many women,” Johnson said in an e-mail.

Jury Selection

Jury selection began today when more than 100 potential jurors began filling out questionnaires. Lawyers will select a jury panel Jan. 9, with opening statements expected the next day. The trial is scheduled to last more than a month.

The U.S. Food and Drug Administration told J&J, C.R. Bard Inc. and 31 other manufacturers last January to study rates of organ damage and complications linked to implants. Doctors implanted more than 70,000 mesh devices in U.S. women in 2010, threading them through incisions in the vagina to fortify pelvic muscles that failed to support internal organs.

J&J said in June that it would end sales worldwide based on their commercial viability, not their safety and effectiveness.

Superior Court Judge Carol Higbee has wrestled in recent days with what lawyers for Gross and J&J can tell jurors about how the company introduced the Prolift device in March 2005.

No Application

J&J began selling the Prolift without filing a newapplication under the agency’s so-called 510(k) application process, which requires companies to show that a device is“substantially similar” to others on the market.

The company determined on its own that it was substantially similar to the Gynecare Gynemesh, one of the company’s devices already approved by the FDA, J&J said last year in an e-mail.

The FDA disagreed with J&J’s interpretation and required a new application in August 2007, saying Prolift sales began“without appropriate” clearance, an agency spokeswoman, Morgan Liscinsky, said last year in an e-mail.

J&J has said it began sales after citing an agency guidance document, “Deciding When to Submit a 510(k) for a Change to an Existing Device,” according to Liscinsky and Johnson.

The company faced no sanctions because the FDA determined that it applied the guidance in good faith and promptly complied when the agency required a new application, Liscinsky said. The FDA cleared the device in May 2008 after nine months of negotiations with J&J.

Addressing Jury

Higbee heard arguments Jan. 4 about what jurors could hear about the device’s regulatory history.

“We’re entitled to say they were required to get 510(k) clearance, and they didn’t get it,” Gross’s attorney, David Mazie, told Higbee.

“We continually hear that we marketed the device without clearance,” William M. Gage, J&J’s lawyer, told the judge. That’s not true. We marketed it under the guidance.”

“If they’re going to go in and say we didn’t get clearance, we’ve got to be able to say we did get clearance,”Gage said.

Higbee barred Adam Slater, the lawyer who will give an opening statement for Gross, from using words like “fraud,” “illegal” and “similarly inflammatory language” in addressing the jury.

‘Mental Illness’

On Jan. 3, Mazie argued that J&J should not be allowed to let a psychiatrist testify that Gross suffers from a “serious mental illness” that contributes to the excruciating pain she’s suffered. The doctor would testify that Gross refused to go a pain management center and wants to “hold on to her pain” so she can continue to claim disability, Mazie said.

At the hearing on Jan. 4, Higbee said jurors can hear about Gross’s various medical problems.

“I don’t foresee that defense counsel is going to stand up there and say this woman is responsible for her injuries,”Higbee said. “I have very little doubt that that would be a mistake.”

Possible witnesses for Gross include Alex Gorsky, who became J&J’s chief executive officer last April and was elected chairman Nov. 30.

Gorsky joined J&J’s Janssen unit in 1988 as a sales representative, according to a company biography. He left the company in 2004 to join Basel, Switzerland-based Novartis AG (NOVN), where he headed North American pharmaceuticals.

Four years later, he returned to J&J. He was named global chairman of the devices and diagnostics groups in 2009.

The case is Gross v. Gynecare Inc. Atl-L-6966-10, Superior Court of Atlantic County, New Jersey (Atlantic City).

To contact the reporters on this story: David Voreacos in Newark, New Jersey, at  dvoreacos@bloomberg.net; Jef Feeley in Wilmington, Delaware, at  jfeeley@bloomberg.net.

To contact the editor responsible for this story: Michael Hytha at  mhytha@bloomberg.net.

What to do if you are involved in an accident, including car accidents and 18 wheeler accidents

Top 10 things to do if you are injured in an accident, including a car accident or 18 wheeler accident.

By Craig Zips, Member of Derryberry Zips Wade Lawhorn, PLLC

Accidents involving 18 wheelers can cause serious injuries because of the size and weight of the tractor and trailer.

1. Immediately call the police or 911 to report the accident, do not leave the scene of the accident and attempt to ensure the other party also stays at the scene.
2. Contact a lawyer immediately.   The insurance company for the at fault driver and your insurance company will act only to protect their respective financial interests.   The insurance companies only care about saving their money.  Do not sign any documents prior to consulting with an attorney.
3. Attempt to identify any witnesses to the accident and write down their names, addresses and telephone numbers.  If possible, also write down their license plate numbers.
4. Exchange the following information with the other driver; name, address and telephone number, make and model of the car or 18 wheeler, license plate number, the other driver’s employer, if applicable, if the driver does not own the car then obtain the name, address and telephone number of the owner of the car or 18 wheeler, obtain all insurance information, including the name of the insurance agent for the other driver.  Also, if the accident involves and 18 wheeler then write down the Unites States Department of Transportation (“US DOT”) number that is typically located somewhere on the tractor or trailer.
5. Write down any statements that are made by the other driver that indicate the other driver is at fault.  These statements may be used against the other driver and/or their employer in settlement negotiations or   if a lawsuit is filed.  Conversely, do not make any statements to the other driver or witnesses in connection with the accident.  Please remember to make sure that any statements made to the police are truthful and accurate.  Do not guess or speculate about any answer to any question asked by the investigating officer.
6. Take photographs of the property damage to your car and the other car(s) or 18 wheeler while you are at the scene of the accident.  Also take photos of the accident scene, including any visual obstructions, road signs, speed limits signs, and any skid marks made by any vehicle involved in the accident.
7. Immediately seek medical treatment if you are even slightly injured.  Sometimes accident victims can sustain internal injuries without realizing he/she is injured.  Internal injuries can be fatal if not treated.    Do not be embarrassed to ask for an ambulance if you have been injured in any manner.  Please also make sure you attend all doctor and physical therapy appointments.  If you miss these appointments, then the insurance company will argue these missed appointments mean you are not really hurt.
8. Do not give any written or recorded statements to any insurance company or insurance company representative without consulting with an attorney.
9. Prepare a brief summary of the accident.   Our memories fade about the details of an accident as time passes.  These notes about the accident will be  helpful later in jogging your memory of the details of the accident.   Also, keep a daily diary of your medical visits, as well as a daily diary of the pain you are experiencing after the accident.
10. Obtain a police report if one is available.

Craig Zips is one of the two founding members of the firm now known as Derryberry Zips Wade Lawhorn, PLLC. He is board certified in personal injury trial law by the Texas Board of Legal Specialization, and has been given the premier AV rating by Martindale Hubbell. Craig has represented numerous clients for over 15 years in a variety of litigation matters, from complex commercial matters, including business disputes and securities fraud, as well as the  representation of plaintiffs in serious injury cases.

What do I do if I am injured by a defective product?

Top 10 things to do if you are injured by a product:

by Daryl L. Derryberry, Member of Derryberry Zips Wade Lawhorn, PLLC

Defective tires de tread frequently and can cause serious injuries or death to the occupants of the vehicle.

1. Contact a lawyer immediately to prevent the product from being destroyed or disposed of.  An attorney can send a spoliation letter to preserve the product for inspection which is crucial to your case.   Do not sign any documents prior to consulting with an attorney. 
2. Obtain the name of the product manufacturer and the make and model number of the product.
3. Send all worker’s compensation forms, if any, to your lawyer before signing.
4. Take photographs of your injuries if possible.
5. Take photographs of the scene of the incident if possible.
6. Do not give any written or recorded statements to any insurance company or company representative without consulting with an attorney.
7. Immediately seek medical attention at a hospital or from a doctor if you are injured.  If you do not seek medical attention, then the insurance company and/or product manufacturer will contend that you delayed in treatment and are not injured.
8. If you do not have health insurance, contact an attorney.   We may be able to assist you in obtaining medical care.
9. Prepare a brief summary of the incident.   Our memories fade about the details of an accident as time passes.  This is helpful later in jogging your memory of the details of the incident.
10. Obtain a police report if one is available.

Daryl L. Derryberry is one of the two founding partners of the firm now known as Derryberry Zips Wade Lawhorn, PLLC (the “Firm”).  Daryl and Craig Zips started the Firm in May, 2002 and have enjoyed great success since the Firm’s inception. Daryl’s legal career spans two decades and includes successfully securing jury verdicts and settlements on behalf of his clients in oil rig accidents, 18 wheeler accidents, medical negligence, products liability, broker malpractice, breach of fiduciary duty and other cases.