Personal Injury

How Can You Afford The Lawsuit?

By David M. Kennedy / December 15, 2020 /

In almost all situations, there is this universal question: How can I afford to be involved in this lawsuit? The question is one asked by both plaintiffs (the ones bringing the lawsuit), and defendants (those receiving the punches). Let’s take a brief look. Attorneys fees are permitted to be awarded in Texas in three instances:…

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We Parents Get An F In School Bus Safety

By David M. Kennedy / October 16, 2017 /

I noticed that Texas and several other states have passed a form of seat belt requirements for school buses in this state. The new law requires that buses made in 2018 and thereafter will be required to have 3-point seat belts. What on earth took our elected officials so long? A review of laws show that…

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We Should Not Be Surprised To Hear Of Fraud In Covering Up Nursing Home Deaths

By David M. Kennedy / September 21, 2017 /

The New York Times reports today that investigators looking into the eight deaths at the Florida nursing home last week, are finding resident medical records to be “replete with late entries” whereby the staff came along after the fact and made entries that were supposed to have been made at the time of treatment. For someone…

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Abuse And Assaults In Nursing Homes Going Unreported

By David M. Kennedy / September 11, 2017 /

A recent report by the Health and Human Services inspector general’s office warns that it has found that 1 in 4 cases of sexual assault and abuse in America’s nursing homes is going unreported to police. Although the report is preliminary, it was based on a large sampling of cases in 33 states. Having handled…

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Is Your Doctor Being Paid To Turn You Into An Addict?

By David M. Kennedy / August 12, 2017 /

As reported yesterday by the Washington Post and others, pharmaceutical companies are paying doctors to prescribe their opioids. According to the report, between 2013 and 2015, “68,177 doctors received more than $46 million in payments from drug companies pushing powerful painkillers.” That, in my opinion, is just not right. Over 52,000 people died from opioid…

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Big Mouths Can Lead To Big Lawsuits

By David M. Kennedy / July 24, 2017 /

The Austin American-Statesman reports today that Nancy Grace and several media outlets are being sued by an Austin, Texas dentist targeted in one of Grace’s broadcasts. The show focused on the fallout from yet another anesthesia-related death of a child during a dental procedure. Sadly, children dying during these procedures is becoming all too commonplace, and I for…

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Mothers Fight For Justice Against Truck Dangers

By David M. Kennedy / July 14, 2017 /

A recent television news report focused on the efforts of two mothers who have joined together in seeing that the needless deaths of their respective daughters won’t be in vain. The goal is to prevent deaths caused directly by there conspicuously being a lack of a certain safety feature on big trucks. Here is the issue.…

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Death By Mac And Cheese?

By David M. Kennedy / July 13, 2017 /

As reported today in the New York Times, you – and more importantly your kids that are counting on us adults – are potentially at great risk of injury from of all things, macaroni and cheese. How we got here is really not that surprising. According to the report, the culprit is a chemical called phthalates. It is…

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If You Kill An Old Man With A Ham Sandwich, You Had Better Be In Texas

By David M. Kennedy / May 27, 2017 /

“I asked the nurse assistant why she left a ham sandwich with the nursing home resident on a mechanical diet – who then promptly choked to death – and she said, ‘I thought mechanical diet meant that he was a mechanic and they like ham sandwiches.’” That is not a dark joke. That is actual testimony…

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A New Danger Of Cancer With Breast Implants

By David M. Kennedy / May 4, 2017 /

I read a recent article disclosing yet another potential danger with breast implants: anaplastic large-cell lymphoma, or ALCL. It is relatively rare and death from it even more so, but here is the lowdown. According to the U.S. Food and Drug Administration, a possible link was discovered in 2011 and since then 359 women have been…

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