In the News
Houston Personal Injury Attorney
At The Webster Law Firm, we are dedicated to providing professional and
experienced legal guidance to victims and families of personal injury
accidents. We have played a substantial role in the legal community and
we have even been featured in the news. Our Houston personal injury lawyers
strive to serve the community by keeping them updated with current news
and recent events. Below, you can read about the news and developments
that we have been involved with over the years. You can examine our latest
updates to develop a stronger understanding of our firm and how we can
make a difference in your case.
Slip and Fall Settlement
On February 26, 2015 The Webster Law Firm successfully mediated a slip
and fall case for seven figures. The Webster Law Firm’s client suffered
serious injuries from slipping while working and underwent several surgeries
and medical treatments. Slip and fall cases are very difficult in Texas,
and in fact, our client was turned down by two other attorneys before
approaching The Webster Law Firm. We believed in his case and were ready
to take to trial if he was not adequately compensated for all his injuries.
Fortunately, the defendant also saw the damages sustained by our client
and justly compensated him for his injuries. We are pleased to announce
that our client was thrilled with the result and we consider this a victory
for our team.
Lac-Mégantic Train Derailment Update
MMA Railway Settlement Announcement $200 Million for Lac-Mégantic
Train Derailment Disaster Victims
CHICAGO— In accordance with a draft Plan of Compromise and Arrangement
filed with the Quebec Superior Court today in the CCAA case for Montreal
Maine and Atlantic Canada Co. (MMAC), nearly $200 million in settlement
funds will be distributed to the victims of the Lac-Mégantic, Quebec
train derailment disaster that occurred on July 6, 2013. According to
the trustee for Montreal Maine and Atlantic Canada Ltd. (MMA), MMAC's
U.S. parent company, a similar plan will soon be filed in the MMA chapter
11 case. In addition, the parties continue to pursue additional settlements
with parties who are not yet contributors, failing which litigation will
continue against those parties, with the goal of materially increasing
the settlement fund.
"We are pleased to finally reach a partial resolution and settlement
for the victims of the train derailment disaster," said Robert Keach,
the appointed trustee for the MMA bankruptcy case. "Due to the diligence
and respect by all parties associated with this plan in Canada and the
United States, we have put forward a favorable resolution. With continued
diligence by all parties, the settlement amount will be significantly
The settlement is subject to approval by the courts presiding over the
MMA and MMAC cases. Upon approval, the settlement funds will be split
and distributed to the following parties:
- The Wrongful Death Claimants, including 48 deceased victims and their families
- The Personal Injury and Moral Damages Claimants
- Property and Economic Damages Claimants
- Insurer Claimants
- Government Claimants
"Our litigation in Illinois played a dramatic role in increasing the
amount of funds that will be distributed to our clients who are the families
of the deceased victims of the Lac-Megantic disaster," said Peter
Flowers, wrongful death plaintiffs' lawyer of Meyers & Flowers
Law Firm in Chicago, who is working directly with Attorney Jason Webster,
of The Webster Law Firm in Houston. Flowers and Webster are representing
the plaintiffs who died in the train disaster and their families. Attorney
Mitchell Toups of Beaumont, Texas, is also involved in the legal representation
of the wrongful death victims.
"We have driven the value in the wrongful death estate higher than
our clients would have received under Canadian law," Flowers said.
"But, this is just the beginning of the settlements for our clients,
as there are three huge contributors to this disaster including World
Fuel Services, Canadian Pacific Railway and Irving Oil. And they are not
yet contributing a penny to this resolution. We will turn over every stone
on earth before we give up on them and intend on pursuing them in Illinois
and any other state to ensure that they are brought to justice and held
responsible for this disaster."
Allstate denies a home owner's claim arising from hurricane Sandy and
then puts their destroyed house in an Allstate commercial bragging about
how much they care.
F.D.A. Seeks to Tighten Regulation of All-Metal Hip Implants
After an estimated 500,000 patients in the United States have received
a type of artificial hip that is failing early in many cases, the Food
and Drug Administration is proposing rules that could stop manufacturers
from selling such implants.
Some all-metal hip implants have failed prematurely, forcing thousands
of patients to undergo operations to replace them.
Under the proposal, which the agency is expected to announce on Thursday,
makers of artificial hips with all-metal components would have to prove
the devices were safe and effective before they could continue selling
existing ones or obtain approval for new all-metal designs.
Currently, companies have to show only that their devices resemble ones
already on the market, and they are not required to conduct clinical studies
before selling them.
The F.D.A. action is intended to close a loophole in the 1976 federal law
under which medical devices were first regulated. It is the agency’s
first use of powers that Congress granted to it last year to deal with
medical devices, like all-metal hips, that have been in regulatory limbo
The move comes amid one of the biggest device-related failures in decades.
Just a few years ago, all-metal hips — implants in which the ball
and cup component is made from a metallic alloy — were used in one
of every three joint replacement procedures performed annually in the
Traditional hip replacements, which are made of materials like plastic
and metal, typically last 15 years before wearing out. But the all-metal
hips, which companies rarely tested in patients before aggressively marketing
them, are failing at high rates not long after implantation.
As a result, thousands of patients have been forced to undergo painful
and costly operations to replace the devices. In addition, tiny particles
of metallic debris released as the artificial joints move have caused
severe tissue and bone damage in hundreds of patients, leaving some of
Dr. William H. Maisel, deputy director for science at the F.D.A., said
the agency’s proposal would require makers of all-metal hips to
produce clinical data to justify their use because of the “large
number of patients who received these products and the numbers of adverse
events associated with them.”
The use of all-metal implants has plummeted, with the devices now accounting
for about 5 percent of hip implants. For some of those devices, which
are used in a procedure called resurfacing that is an alternative to total
hip replacement, the F.D.A. already requires clinical trials before granting approval.
The impact of the proposal on manufacturers of traditional all-metal hips
will not be immediate, and industry lobbyists may oppose its adoption
or seek to modify it. Agency officials said it would most likely take
a year for the rules to be finalized; after that, producers will have
90 days to submit clinical data to support a device’s safety and
In 2011, the F.D.A. ordered manufacturers of all-metal hips to conduct
post-marketing studies to determine, among other things, whether the implants
were shedding high levels of metallic debris. Dr. Maisel said he expected
that device makers might try to use data from those studies to satisfy
the proposed requirements.
If a company decided not to submit clinical data or if the information
failed to meet agency standards, it would have to stop selling the implant.
The regulatory limbo involving all-metal hips resulted from the Medical
Device Amendments of 1976. The law set differing test requirements for
various devices, depending on the perceived risk of using them or the
role they played in sustaining a patient’s life and health.
Producers of devices considered high risk, like implanted heart defibrillators,
had to perform clinical trials to obtain F.D.A. approval for new products.
But makers of devices considered less risky, like hospital pumps, had
to show only that a new product resembled one already on the market.
However, at the time the legislation was passed, several types of medical
devices, including all-metal hips, were already on the market. So lawmakers
crafted what was supposed to be a temporary solution: regulators would
treat potentially high-risk products like the hips as moderate-risk products
until officially determining how to classify them.
But in the case of all-metal hips, the final classification never happened.
Over the years, the F.D.A. started procedures to classify the implants
but never completed them. Implant companies also lobbied the agency to
classify all-metal hips as moderate-risk products rather than high-risk ones.
The result was that device makers like Johnson & Johnson and Zimmer
Holdings were able to start selling a new generation of all-metal hips
a decade ago without running clinical tests.
Under the Food and Drug Administration Safety and Innovation Act of 2012,
the agency now has a more streamlined way of classifying older devices.
It no longer has to seek an economic review of a decision’s impact,
a process that can take years, said Nancy K. Stade, the F.D.A.’s
deputy director for policy.
About 20 types of older medical devices still await reclassification.
In recent weeks, the first of thousands of patient lawsuits involving the
most troubled all-metal device, an implant once sold by the DePuy division
of Johnson & Johnson, have started to come to trial. Some plaintiffs’
lawyers say it may cost Johnson & Johnson billions of dollars to resolve
the litigation, which involves an implant called the Articular Surface
On Thursday, the F.D.A. also expects to issue new guidance to doctors monitoring
patients who have received all-metal hips.
For the first time, the agency will recommend that patients who are experiencing
pain or other symptoms that indicate possible device failure undergo routine
testing to detect levels of metallic ions in their blood.
Dr. Maisel said the agency was not recommending a specific ion level at
which doctors should consider replacing an implant. Instead, he said physicians
should monitor such tests over time and use that data, along with other
information, to make such decisions.
A version of this article appeared in print on January 17, 2013, on page
B1 of the New York edition with the headline: F.D.A. Seeks to Tighten
Regulation of All-Metal Hip Implants.
November 13, 2012
Join us in supporting
Take Justice Back!
"We are trial lawyers. We do not fight for powerful corporations.
We fight for people just like you when they are the unfortunate victims
of corporate malfeasance or negligence.
The Constitution gave you the right to pursue justice in court when you
believe you’ve been harmed. But well-financed corporations circling
in Congress are working every day to undermine your rights. They spend
hundreds of millions of dollars scheming up ways to avoid accountability
when they hurt someone. Chances are, this is the first you’ve heard of it.
We launched Take Justice Back because nothing concerns us more than the
erosion of our civil justice system. We are not anti-corporate; business
built this great country into what it is today. But when corporations
act irresponsibly they must be held accountable just like anybody else.
As trial lawyers we represent clients. But look around this website and
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It is not about us. It’s about you, your rights and the gift of
democracy that some powerful corporations are working hard to undermine.
Please join our effort to Take Justice Back. Sign up. Join our Twitter
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– because you can."
- Take Justice Back
May 21, 2012
The Webster Law Firm is pleased to announce that Jason C. Webster has been
appointed to the Region 4 Grievance board for a three year term by The
State Bar of Texas. Jason looks forward to serving honorably the fellow
members of the bar and the public.
If you have taken Actos and developed bladder cancer please visit the website
Since the majority of the Webster family lives in the Dallas area, they
frequently mail me cut out articles on legal matters from the local newspapers.
Although I have never met Talmage Boston http://www.winstead.com/Attorneys/tboston,
I was eager to read the article about him in the Dallas morning news which
came in the mail from my mother. The title of the article is great until
he cannot help himself but attack the Plaintiff. It happens about midway
thru when he blames “runaway juries and huge pay –days for
plaintiff attorneys” as a primary reason for the disrepute attributed
to lawyers in the public. Large verdicts by juries are derived directly
from ordinary citizens serving as jurors listening to story after story
of the corporate powers in America whom have basically looted the government,
polluted the environment and killed countless innocent individuals thru
their own negligence. All for the almighty dollar and corporate greed.
There is nothing “run-away” about it.
Our nation’s first trial lawyer and 2nd President John Adams once
said “It is not only the juror’s right, but his duty to find
the verdict according to his own best understanding, judgment, and conscience,
though in direct opposition to the direction of the court.”
Mr. Boston’s analysis discredits the figure Atticus Finch and Abraham
Lincoln as they believed in the power of a jury to do the right thing.
This criticism of “runaway juries and huge pay –days for plaintiff
attorneys” completely ignores the huge pay day this man has earned
while representing numerous corporations in dispute resolutions. Whatever
that means. I seriously doubt he has ever attended his client’s
funeral or held their hand after their life has been destroyed by the
same corporations he is sure to represent. Better yet, I bet he has never
stood next to his client in court and waited on that jury to make a decision
that would affect that person’s life and their families for the
rest of their days. Not what affects the corporate bottom line.
What he fails to mention is how so many of us must explain to our clients
that they will get no money after the jury (especially here in Texas)sends
them home with nothing. Or better yet try to explain that one of the judges
(placed and financed by the same corporate powers) sends the spouse of
a dead worker home with no chance at all for a jury to even here their
case or give them a chance for justice.
To use Lincoln or the fictional character of the great Atticus Finch while
criticizing the jury system is legal blasphemy to me as a lawyer who represents
people. Not the corporations whom our Supreme Court has deemed a living
soul. Mr. Boston is a longtime partner at Winstead PC. They had an annual
revenue of $144,000,000 in 2010.
As I mentioned above, I do not know Mr. Boston or his family. But I promise
you this, I can tell you far to many stories of widows, orphans and families
that I have personally represented that have been affected by these same
attitudes promulgated by his corporate clients. I truly believe that Lincoln,
Finch, Jaworski and maybe even James Baker believe in the jury system
and that they would advocate to building up our profession and not tearing
it down with self-serving rhetoric.