MARSHALL – Three Texas residents claim they are suffering from a drug-induced Parkinson ‘s disease after taking the prescription drug Reglan as treatment for acid reflux. They are suing the drug’s manufacturer for failing to adequately warn of the drug’s risks.

Ronald Cherry, Donnie Collins and J.E. Godwin filed suit against Teva Pharmaceuticals USA Inc., Teva Pharmaceutical Industries Ltd., Pliva Inc., formerly known as Sidmark Laboratories Inc., Pliva D.D. Barr Pharmaceuticals formerly known as Barr Pharmaceuticals Inc., Barr Laboratories Inc., Watson Laboratories Inc. and Richmond Pharmaceuticals Inc. on Feb. 23 in the Eastern District of Texas, Marshall Division.

“Reglan/Metoclopramide is a prescription medication classified as a gastrointestinal stimulant, antiemetic and dopamine antagonist,” the original complaint states. “The drug is available in the form of a tablet (5mg/10mg), an injection, or syrup. Reglan/Metoclopramide is indicated for adult short-term therapy of symptomatic gastroesophageal reflux and acute and recurrent diabetic gastric stasis.”

The drug Reglan is used to treat gastrointestinal disorders but has been linked to an increase risk of tardive dyskinesia, a condition that results in involuntary and repetitive movements of the body. Currently, there is no known treatment for tardive dyskinesia.
In some patients, the syndrome’s symptoms may be reduced in the weeks or months following the cessation of the drug.

The Food and Drug Administration required the drug’s manufacturers to provide a new box warning in February 2009. The new warning stated “chronic treatment with metoclopramide can cause tardive dyskinesia, a serious movement that is often irreversible.”

In addition, the new warning stated “prolonged treatment (greater than 12 weeks) with metoclopramide should be avoided in all but rare cases.”

Plaintiff Cherry developed tardive dyskinesia after taking Reglan for approximately 10 years. He claims he was unaware that the drug was not recommended for long-term use.

Plaintiff Collins was using Reglan for treatment of gastroesophageal reflux disease from February 2002 to September 2003. According to the lawsuit, Collins started exhibiting abnormal movements in mid-2009, and was diagnosed with Reglan-induced Parkinson’s disease, Orobuccolingual dyskinesia and tardive dyskinesia.

Plaintiff Godwin was prescribed Reglan from September 2008 until March 2010. He was diagnosed with tardive dyskinesia in mid-2009.

Causes of action filed against the defendants include negligence, strict liability, failure to warn, marketing defect and manufacturing defect, misrepresentation, deceptive trade practices, fraud and breach of implied and express warranties.

The lawsuit alleges that the defendants failed to use due care in developing, testing, designing and manufacturing the drug, failing to provide proper or adequate warnings regarding the adverse side effects, failing to conduct adequate pre-clinical and clinical testing, and failing to adequately train medical providers regarding the appropriate use.

Cherry, Collins and Godwin are seeking damages for medical expenses, physical pain and suffering, mental anguish, physical disfigurement, physical impairment, loss of earnings, loss of earning capacity, interest, exemplary damages, attorneys’ fees, court costs and treble damages.

The plaintiffs are represented by Douglas C. Monsour, D. Douglas Grubbs and Cecile W. Crabtree of The Monsour Law Firm in Longview.

A jury trial is requested.

U.S. District Judge T. John Ward is assigned to the case.

Case No. 2:11-cv-00115

The post Lawsuit blames drug-induced Parkinson ‘s on reflux medicine appeared first on Grubbs Law Firm.

MARSHALL – During routine maintenance on an oil rig near Stockman, a flange fell from a crane severely injuring a maintenance worker.

Andrew Pierce III filed a personal injury lawsuit against Superior Energy Services LLP, Bobcat Pressure Control Inc., Warrior Energy Services Corp. and Devon Energy Corp. on Aug. 3 in the Marshall Division of the Eastern District of Texas.

Devon Energy owned the rig and had contracted with Superior Energy for service. Superior then sub-contracted with Warrior Energy to service the rig. The plaintiff was an employee of Warrior Energy.

According to the complaint, on May 21, 2008, Pierce was helping co-workers replace a flange on the rig when the flange fell from the crane and landed on top of him. Pierce was severely injured.

The plaintiff alleges that all the defendants were negligent by:

Failing to act as a reasonably prudent person would have under similar circumstances;
Failing to provide a safe work environment;
Failing to protect plaintiff from work-related hazards;
Failing to properly train its employees;
Failing to inspect all aspects of the crane;
Failing to provide safe equipment; and
Failing to warn of a potential hazard.

Pierce states that the condition of Devon Energy’s premises and the absence of handrails posed an unreasonable risk of harm. The complaint states, “Defendant Devon Energy failed to inspect, warn or cure its rig creating a dangerous condition.”

The plaintiff also argues that the defendant should have known of the unsafe conditions as it specifically employed a “safety man” to supervise construction and maintenance.

Pierce alleges that Devon Energy is liable and negligent for failing to inspect the premises, failing to adequately warn of the dangerous condition and failing to make the dangerous condition safe.

The plaintiff alleges Defendant Bobcat is additional negligent for failing to secure and inspect the flange and warn of a potential hazard.

The plaintiff is seeking damages for physical pain, suffering, mental anguish, medical expenses, physical impairment, lost earnings and lost earning capacity.

Seeking exemplary damages, the plaintiff alleges that the defendants “had actual awareness of the extreme degree of risk caused by the use of a non-certified crane and improperly secured flange, but proceeded with conscious indifference to the rights, safety, and welfare of others, namely Plaintiff.”

Longview attorneys Douglas C. Monsour, Garrett Wilson, and S. Douglas Grubbs of the Monsour Law Firm are representing the plaintiff.

U. S. District Judge T. John Ward will preside over the litigation.

Case No 2:09cv00233

The post Rig worker sues four companies over injury from falling flange appeared first on Grubbs Law Firm.

MARSHALL – While helping to harvest hay, Timothy Clay was injured when a tractor ran over part of an old fence, throwing a T-post towards him. The airborne post hit Clay causing severe injuries.

Clay alleges the company responsible for clearing a recently created easement on the property is responsible for his injuries because it failed to remove old fence debris.

Clay filed a personal injury lawsuit against Anadarko Petroleum Corp. and Smith Gas Field Services LLC, doing business as Smith Equipment Rental and Services, on March 13 in the Marshall Division of the Eastern District of Texas.

Helping his son to harvest the hay, Clay’s father reversed the tractor while the plaintiff was on foot. According to the complaint, one of the mower blades hit a T-post hidden on the ground. The T-post became airborne hitting the plaintiff on his neck, back and shoulder area.

The hay field was not owned by the plaintiff, but the suit states he had permission to cut and remove the hay and had done so more than 20 times prior to the incident.

According to the complaint, the owner of the land executed a mineral lease with Anadarko Petroleum which allowed the company to create an easement to construct and maintain an oil pipeline.

During construction of the pipeline, defendant Anadarko tore down the fence adjacent to the hay field. The company hired Smith Equipment Rental and Services to remove the old fence debris and to build a new fence.

The plaintiff argues defendant Smith Equipment Rental failed to completely remove all the fence debris, including T-posts and other fence materials.

The lawsuit argues Anadarko Petroleum is negligent for failing to maintain its easement, failing to properly dispose of fence debris, failing to inspect the work of Smith Equipment, failing to warn of a potential hazard and failing to act as a reasonably prudent person would have acted under the same or similar circumstances.

Further, the plaintiff states Anadarko is liable under the theory of premises liability. Clay states the mineral lease gave the defendant a right to control the premises and by not removing the fence debris, the defendant created an unreasonable risk of harm.

Clay states the defendant failed to inspect the premises after tearing down the fence, failing to adequately warn of the fence debris and failing to make the dangerous condition safe.

In addition, the lawsuit alleges Clay’s injuries are a result of the negligence of defendant Smith Equipment Rental. The plaintiff states the defendant failed to completely remove the fence debris, failing to warn of the potential hazard, and failing to act as a reasonably prudent person would have acted under the same or similar circumstances.

Clay is seeking an unspecified amount of damages for physical pain and suffering, mental pain, suffering, and anguish, physical impairment, medical expenses, property damages, lost earnings, and loss of earning capacity.

Seeking punitive damages, the plaintiff states the “defendants had actual awareness of the extreme degree of risk caused by failing to remove the fence debris, but proceeded with conscious indifference to the rights, safety, and welfare of others, namely Plaintiff.”

The plaintiff is represented by Longview attorneys Douglas C. Monsour and D. Douglas Grubbs of The Monsour Law Firm.

U.S. District Judge T. John Ward will preside over the litigation.

The post Oil company blamed for injury from flying fence debris appeared first on Grubbs Law Firm.