Law Quadrangle Notes Interview


I recently had the privilege of being interviewed for an article in the 2008
issue of the Law Quadrangle Notes published by my alma mater, the University
of Michigan Law School
. The article is below:
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Angel Reyes Recognized as Emerging Hispanic Leader in Dallas

Angel Reyes has been recognized as an emerging Hispanic leader in Dallas.  The article below is from the Spanish language version of the Dallas Morning News, Al Dia. Continue Reading...

Long Overdue Crane Safety (Aug 2 NY Times op ed)

Regulators should turn their attention to preventing casualties, not more after-the-disaster analysis.  Think about it, not since 1971 have crane regulations been updated.  Unfortunately, over 80 people a year since then have died in construction site crane accidents.  Presumably, many of those tragedies could have been avoided if someone at OSHA cared. Continue Reading...

The American Crane Collapse Crisis

On July 30, 2008, while an old bridge was being torn down over the Colorado River in Smithville, Texas (near Austin) a construction crane became overloaded with steel beams and toppled over.  The crane then smashed into a manlift basket holding two workers.  It killed 47-year-old James Michael Miles of North Richland Hills, Texas, and injured the other worker.  Mr. Miles fell approximately 60 feet from the top of the bridge, landed on construction equipment and died. Continue Reading...

We Need A Comprehensive Solution For Our Nation's Immigration Policy

Following the December 12, 2007 raid on the Swift & Company meatpacking plant, my firm, Heygood, Orr, Reyes, Pearson & Bartolomei, filed a class action lawsuit against Swift for its pattern of practice of replacing legal US Citizens and legal resident aliens with undocumented immigrant workers.   Now, yet another big company makes the news.  In May, 2008 in Postville, Iowa, federal immigration agents raided Agriprocessors Inc., the nation's largest kosher meatpacking plant, rounding up 389 illegal immigrants for deportation. Continue Reading...

Better Living Through Chemistry? Dead Wrong!

According to a CNN.com article dated Monday, July 28, 2008, home deaths from medication errors have risen dramatically over the last 20 years.  Twenty-five years ago, prescription painkillers and other potent drugs were only used in hospitals.  Now medical providers give them out like candy.  Got a migraine?  Here’s a script for Vicodin!  Feeling a little stressed?  Xanax ought to do the trick!  Apparently, we’re not supposed to feel pain or negative emotions anymore.  We’re supposed to be happy and what makes us happy in the 21st century good old US of A?  Drugs, of course. But alas, medical providers aren’t considering one big factor when doling out these dangerous meds – the human factor. Continue Reading...

Dangerous Toxins Found in Toys

After eight long years in the wilderness, the U.S. is finally paying attention to product safety.  Congress is poised to implement the biggest overhaul to U.S. product safety rules in a generation.  Since 2000, the U.S. has seen dangerous products imported from China, India, and other foreign countries that while certainly cheaper than similar products made to stricter standards, caused untold suffering to the people who were injured by these products.  Let's see, in the past few years we've seen recalls of Chinese food products, poisonous toothpaste, children's pajamas, cheap all terrain vehicles, fax machines that catch fire, children's dolls painted with lead contaminated paint, etc. Continue Reading...

Dangerous Truckers Claim Disability Yet Drive Anyway

A new study by the Federal Government showed that tractor-trailer and bus drivers in the U.S. suffered seizures, heart attacks or unconscious spells while driving.  These health issues caused hundreds of deadly crashes on our highways.  Many tractor-trailer rigs weigh 40 tons or more.  Imagine a 40 ton beast barreling down on you while you're driving on the highway.  That's what many of our clients have faced over the years.  Unfortunately, we've represented hundreds of families who've lost loved ones due to 18-wheeler accidents such as this one. Continue Reading...

Pfizer Propaganda About Chantix

In spite of the fact that the stop-smoking drug Chantix has been linked to suicides, seizures, violent episodes, traffic accidents, nightmares and more – and was EVEN banned by the FAA for pilots and air traffic controllers -  its manufacturer, Pfizer, plans to shove these shocking facts under the carpet through newspaper ads and letters to doctors.  That’s all we need – more lies about better living through chemistry.  Due to Chantix’ profitability prior to being exposed as the dangerous drug it is, this comes as no surprise.  But if you’re a smoker who wants to quit, don’t buy into their bull.  Do your research, and you won’t just throw it away; you’ll burn it and watch it go up in smoke.  See the latest article that came out recently in the advertising industry’s leading publication, Ad Age, about this new media blitz below: Continue Reading...

Chantix Going Up In Smoke

And yet here comes another drug with way too many bugs.  Granted, smoking is bad news and I’m all for quitting at most costs, but not all. If my choices are hacking, smoker’s cough and future lung cancer vs. current depression, thoughts of suicide, violent behavior, horrible nightmares and loss of motor control skills that could lead to serious or even fatal injury, I think I’d rather smoke like a chimney and hope for the best.  The results of studies conducted on Chantix have even caused the FAA (Federal Aviation Administration) to ban pilots and air traffic controllers from using this dangerous drug.  Continue Reading...

United Way Outlines Ambitious 10 Year Goals Around High School

For a couple of years now I've been blogging about problems.  Subprime meltdown, dangerous drugs, defective products, toothless FDA, toothless FTC, wrongheaded immigration policies, etc.  Fortunately, at times, I am able to write about solutions.  Recently I joined the Board of the United Way of Metropolitan Greater Dallas.  That group offers solutions to the ever-increasing number of Americans, and for that matter non-Americans, who find themselves in need.  Whether you are a Republican or a Democrat, you can appreciate that our government hasn't offered us many solutions since 2000 to our growing problems with public education, help for the financially distressed, and help for the nearly 30 million Americans who find themselves without health insurance.  In an ambitious effort to improve the education, income, and health of the people it serves, the United Way has just announced an ambitious 10 year plan.  It sets three bold goals for where the nation should be by 2018:
 
--  Cut by half the number of young people who drop out of high school.

--  Cut by half the number of working families that lack financial stability.

--  Increase by one-third the percentage of healthy young people and adults.

 
I'm proud to be affiliated with the United Way.  See the full article below. Continue Reading...

They DO Have Some Crazy Little Women in Kansas City!

As a follow-up to my original article on Kansas City, Kansas, aka “The Dot,” below is another great article by Kevin Helliker from the Wall Street Journal.  It’s a fascinating tale of Toby Phalen Young, one of the Dot’s most high profile, non-profit citizens.  In animal circles, she was known as a “savior.”  How could someone who seemingly had everything do something so stupid?  You got me.  All I can say is that her actions embody the old cliché, “I’m crazy in love with you.”  The emphasis here is on the word crazy. Continue Reading...

Big Brother Pharma Wins Again

In a crushing blow to consumers, on Thursday, February 21st, the United States Supreme Court again sided with big pharmaceutical medical device makers.  The decision in Reidel v. Medtronic shields medical devices from lawsuits so long as the FDA approved the device.  Consumer safety, as most people know, has not been the FDA’s forte the past decade.  The entire article is below.
 
Interestingly, just the day before that article was released, the Wall Street Journal wrote extensively about U.S. Congressman Bart Stupak who has argued for years that the FDA wasn’t doing a good job protecting Americans from unsafe drugs.  The entire article is also below.
 
For my money, the FDA has done a terrible job protecting American consumers for the past decade.  The list of bad drugs that were approved and then subsequently shown to be dangerous is a mile long.
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Fentanyl Painkiller Patches Recalled

In several of my articles, I’ve talked about the dangers of the Duragesic Pain Patch containing the prescription painkiller, fentanyl. The Duragesic Patch, which is approximately 80 times more powerful than morphine, certainly does kill pain, but unfortunately, it also kills people.  In my last article I asked, “With all the severe side effects, and even deaths caused by this patch, what is it going to take before the manufacturer finally recalls this dangerous drug from the market?”  It seems they finally got a clue. A recall was issued on Tuesday, February 12 for all 25-microgram-per-hour Duragesic and Sandoz fentanyl pain patches with expiration dates on or before December 2009.  Read the AP article in its entirety below: Continue Reading...

Election to the Board of Directors of the GDHCC.

I'm proud to announce my election to the Board of Directors of the Greater Dallas Hispanic Chamber of Commerce.  The mission statement of the GDHCC is as follows:  "To develop, promote and protect Hispanic businesses in the greater Dallas area and to support the advancement, education and economic growth of the Hispanic business community. The Chamber shall serve as a business resource, a forum and advocate for Hispanic business issues and a united voice for the Hispanic business community."  As a newly elected member to the Board of Directors, I am fully committed to serving this fine organization to the best of my abilities, and I will do everything within my power to see that its mission is realized on behalf of the greater DallasHispanic community.

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Dallas Attorney Eric Pearson Now a Name Partner in Heygood, Orr, Reyes, Pearson & Bartolomei

Dallas Attorney Eric Pearson Now a Name Partner in Heygood, Orr, Reyes, Pearson & Bartolomei
DALLAS - The Dallas law firm of Heygood, Orr, Reyes & Bartolomei is pleased to announce the addition of accomplished Dallas trial lawyer Eric D. Pearson as a name partner in the newly renamed Heygood, Orr, Reyes, Pearson & Bartolomei.
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Second Safety Warning on Fentanyl Skin Patch

The FDA has now issued its second safety warning regarding the Fentanyl Skin Patch, a patch that delivers pain medication through the skin that is at least 80 times more potent than morphine.  With all the severe side effects, and even deaths caused by this patch, what is it going to take before the manufacturer finally recalls this dangerous drug from the market? Continue Reading...

Seth Tobias, R.I.P.

The latest breaking news in the hedge fund world is the salacious story of Seth Tobias' death. Seth ran a $300 million hedge fund from New York and Palm Beach. The fund was called Circle T. Just a few years ago, Seth started his hedge fund with a modest $4 million in capital. In just those few short years, he funded up quickly and got all caught up in the trappings that all "self-made" young millionaires do.  First he got the big pad in New York and then the palatial mansion in Palm Beach.  Along the way he married Filemona and developed a fondness for cocaine-fueled binges, extended absences from his office, a private jet, sex parties, and a boy toy male go-go dancer named "Tiger."

Now there's a guy I want in control of my money.  Anyway, our hero was found dead in his Palm Beach swimming pool just the other day.  Allegedly, he hadn't used this pool in years.  Blow was found in his system. What a shocker.  Allegedly, Mrs. Tobias drugged her husband and lured him into the water by promising sex with Tiger, her husband's boy toy. Continue Reading...

Medtronics Pacemaker Recall

Last year, defibrillator manufacturer Medtronic, Inc. issued a press release warning physicians of a potential battery shorting mechanism that may occur in some of its models. Now, Medtronic is recalling its Sprint Fidelis cardiac leads. These are thin wires that connect devices known as ICDs (implantable cardioverter defibrillators) or CRT-Ds (cardiac resynchronization therapy defibrillators) which are intended to sense irregular heart rhythms and to send an electrical pulse to the heart to shock it into beating properly. The defect with these medical devices causes them to short circuit and thus, malfunction. Continue Reading...

Merck Agreement to Resolve U.S. VIOXX® Product Liability Lawsuits

Big news hit this morning as VIOXX manufacturer, Merck agreed to resolve 95% of the outstanding VIOXX claims with a $4.85 BILLION settlement fund.  The fund will be established and victims will be evaluated on a case-by-case basis, with varying amounts being paid from the fund.  This is one of the
largest "resolutions" of its kind ever and clearly indicates Merck's acceptance of responsibility for the dangers this drug posed and the thousands of people that suffered.  Below is Merck's official press release: Continue Reading...

Merck to Pay $4.85 Billion To Settle Most Vioxx Cases

In a very significant announcement today, Merck has released that it will agree to pay about $4.85 billion to settle a significant portion of the 27,000 cases against it's painkiller Vioxx. A Wallstreet Journal article is below. Not everyone is eligible and we are working on analyzing the proposal and how it applies. To find out if you are eligible for consideration, email me directly at angel@reyeslaw.com, and we will help determine your eligibility. Continue Reading...

Trasylol Pulled from U.S. Market

For almost two years, Trasylol, a drug used to prevent blood loss during surgery was under scrutiny by the FDA.  In fact, on February, 2006, the FDA issued a Public Health Advisory warning doctors who perform heart bypass surgery and their patients that Trasylol (generic name aprotinin) was linked in two scientific studies to severe side effects, including kidney problems, heart attacks and strokes in patients undergoing artery bypass graft surgery. Continue Reading...

Safety vs. Savings on Consumer Products

One of my previous blog articles reported on the safety hazards of toys manufactured in China.  Now, Congress is finally perking up its ears and evaluating the inefficacy and inefficiency of the Consumer Product Safety Commission in regard to the safety of imported goods.  This virtually powerless, miniscule federal agency regulates over 15,000 types of consumer products. Continue Reading...

Medtronic Defibrillator Recalled

In its October 30th, ’07 issue, the Wall Street Journal reported that the Sprint Fidelis 6949 defibrillator, manufactured by Medtronic, Inc. has been recalled.  Defibrillators are implanted devices that treat cardiac arrest and restore normal heart rhythm.  They rely on leads, the wires that connect the defibrillator to the heart muscle.  These wires sense erratic heart rhythms and deliver jolts of electricity to revive dying patients.

When theses wires become fractured, they can dispatch multiple and/or severe shocks, and even cause fatalities.  Leads with a thick diameter were known to be the culprits, partly due to blood clots that can form around these leads.  So in 2004, Medtronic introduced the Sprint Fidelis which only has a diameter of 2.2 millimeters – one of the thinnest available.  In 2004, this device was quickly approved by the FDA and became the most popular lead on the market.  However, after numerous accounts of multiple shocks and five deaths, Medtronic, Inc., suspended sales of all Sprint Fidelis models. Continue Reading...

FDA Update On Trasylol

On Thursday, October 25th, the Food and Drug Administration (FDA) stated that Trasylol, a drug used during heart bypass surgery to prevent severe bleeding, increases the risk of death as compared to other drugs. Continue Reading...

Proposed Black Box Warning for Avandia

U.S. Food and Drug Administration officials are strongly advising GlaxoSmithKline, to add "black box warning" to its diabetes drug Avandia, according to a recent Wall Street Journal ad.  This warning is the strongest given by the FDA.  Once a top-selling drug, Avandia's sales have plummeted since it was linked to a 43 percent higher risk of heart attack, according to a May, 2006 study. Continue Reading...

Take a hard look at insurance company policies

Steve Blow nailed a couple of reasons people appeal traffic tickets.

Another important reason people take the time and trouble, and, as a consequence, consume public resources in the form of police officer time spent hanging around the municipal courts, is the insurance industry. Continue Reading...

Are Airbags in Cars Reliable?

Airbag failures during car wrecks kill 1,400 Americans every year, according to a new study conducted by the Kansas City Star newspaper.  The paper analyzed the National Highway Traffic Safety Administration database of all traffic fatalities involving car wrecks for the past six-year period and found that far more people died in car wrecks where airbags failed to deploy than all of those who died from injuries caused by airbags that inflated after minor impact car wrecks, or when hit with too much force.  Joan Claybrook, former head of the NHTSA and now with Public Citizen says he's "shocked." Continue Reading...

Consumer Watch

We've all heard about the recent problems Mattel suffered from product recalls of their toys manufactured in China.  The tip of the iceberg has been revealed, but there is more trouble under the water than people think.  Recently my friend Ed Sim, partner at Hunton & Williams, mentioned that there would be many more product recalls where the products were manufactured in China.  It appears he is on to something.  Below are some more consumer reports related mainly to Chinese manufactured product recalls. Continue Reading...

Medtronic and FDA Face Scrutiny on Safety Issues

Once again, our less than vaunted FDA is facing heat for its handling of safety concerns related to Medtronic defibrillators. Continue Reading...

Why there are no University of Houston Law Grads at Cravath, Swain & Moore

In an article that will surely bum out the majority of law school students, the Wall Street Journal reports that it isn’t easy to make money just because you have a law degree and pass a state bar exam.  No siree, the Journal reports that students matriculating from “second-tier” schools are complaining bitterly that they are not in the running for headline grabbing jobs starting at $160,000 a year. Continue Reading...

Nothing Safe About Fentanyl Drug Patches

My law firm partners and I are convinced that you just can't safely deliver fentanyl transdermally. On the heels of our $5.5 million dollar verdict in the Adam Hendelson case, this article appeared in the LA Times (below). Duragesic needs to be taken off the market before it kills one more person. Continue Reading...

New Vioxx Study May Cast Doubt On Merck Claims

Today's Wall Street Journal delivered more bad news for Merck related to its bad drug Vioxx.  A new study, dubbed Victor, was accepted for publication by the New England Journal of Medicine. Continue Reading...

Avandia Shown to Cause Increase in Heart Attacks: Is There Anyone In

Hot off the press, an analysis by Steven Nissen of the Cleveland Clinic, who helped bring out safety concerns about Vioxx, suggests that the diabetes drug users of Avandia manufactured by GlaxoSmithKline have a 43% higher risk of heart attacks. So, what is Avandia?  Avandia is a drug used to treat Type 2 diabetes. The drug is meant to help patients lower blood sugar levels. Glaxo rang up $3.1 billion in sales of Avandia last year. So of course, Glaxo takes issue with the study's findings, in spite of the fact that it was published in one of the world's top medical journals. Continue Reading...

Life Settlements

Life settlements, for seniors with life insurance, are a terrific way for seniors, who no longer need life insurance, to free up substantial amounts of money that can be used as the policy holder sees fit.  The life settlement space continues to get scrutinized by the life insurance industry and regulators but is here to stay. Continue Reading...

KCK, The Dot... Has it Really Made Good?

I woke up today and opened my Wall Street Journal.  I read the WSJ front to back; that means I read the main section, then Marketplace, Money & Investing, and then Personal Journal, in that order.  When I finally got to the Personal Journal section, there was an article entitled "Hometown Makes Good" by Kevin Helliker (available if you are a WSJ.com subscriber).  I don't know Mr. Helliker but I do know the hometown he writes so glowingly about, Kansas City, Kansas.  A little history is in order so that this post doesn't read like I've got an axe to grind.
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Hospitals and the Landlord Defense

April 14, 2003
By JIM ORR / Texas Lawyer Contributors

In these times of doctors maintaining little or no medical-malpractice insurance, lawyers representing injured plaintiffs are seeking additional grounds on which to hold hospitals responsible for medical negligence occurring at their facilities. Lawyers representing hospitals, in response, are thinking up new ways to fight back. One punch used recently is the assertion of what I call the "landlord defense."

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