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DALLAS MORNING NEWS - LAWYER HOLDS BAR HIGH FOR HIS OWN
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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, 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 Plaintiff. It happens about midway thru when he blames “runaway juries and huge paydays 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 who 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 of 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 paydays for plaintiff attorneys” completely ignores the huge payday 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 hear 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 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 too 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 building up our profession and not tearing it down with self-serving rhetoric.
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JOIN US IN SUPPORTING TAKE JUSTICE BACK
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"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; a 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 you will see no advertising. No solicitations. This is not about money. 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 conversation. Engage us through Facebook. Learn how to make a difference – because you can."
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NYTIMES - F.D.A. SEEKS TO TIGHTEN REGULATION OF ALL-METAL HIP IMPLANTS
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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 for decades.
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 United States.
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 them disabled.
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 effectiveness.
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 Replacement.
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.
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SLIP AND FALL SETTLEMENT
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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.
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LAC-MÉGANTIC TRAIN DERAILMENT UPDATE
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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 higher."
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 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 number 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."
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OAK MEADOWS GAS EXPLOSION LAWSUIT PRESS RELEASE
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Proposed Press Release - A team of experienced civil trial attorneys filed suit today against the producers and former producers of gas wells adjoining the Oak Meadows subdivision, in Firestone, Colorado. The lawsuit also asserts claims against the developer of Oak Meadows and the home-builders of the residence that is the subject of the lawsuit.
The individual lawsuit, filed on behalf of one homeowner in the Oak Meadows subdivision, seeks recovery of monetary damages for personal injuries and property damages sustained in the past and likely to be sustained in the future. The claims arise from an explosion of a home located near that owned by the homeowners. The explosion was reportedly caused by gas that had accumulated in the basement of the home. The lawsuit asserts that the sounds, sights, and reasonable fears arising from witnessing the explosion have caused the homeowners damage. The lawsuit also alleges that the continuing after-effects and possible similar occurrences in the future constitute a temporary, permanent, and continuing nuisance and trespass.
The team of attorneys is comprised of John Boesen, Jason Webster, and Richard A. Capshaw. Each firm has experience in civil trial law and pursuing the legal rights of persons similar to the homeowners in this case.
John Boesen
- Boesen Law
- 4100 E. Mississippi Avenue, Suite 1900 Denver, Colorado 80246
- T. 303.999.9999
- F. 303.320.1915
- jboesen@boesenlaw.com
Jason Webster
- The Webster Law Firm
- 6200 Savoy, Suite 150 Houston, Texas 77036
- T. 713-581-3900
- F. 713-581-3907
- jwebster@thewebsterlawfirm.com
Richard A. Capshaw
- Capshaw & Associates
- 3500 Maple Avenue, Suite 1100 Dallas, Texas 75219
- T. 214.761.6610
- F. 214.761.6611
- richard@capslaw.com
ATTORNEYS FIGHTING FOR YOU
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 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.
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STATE BAR OF TEXAS - JASON WEBSTER
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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 http://www.actosinjurys.com/.
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WHO QUALIFIES FOR COMPENSATION THROUGH THE CAMP LEJEUNE JUSTICE ACT?
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From 1953 to 1987, Marines, military families, and civilian staff at Camp Lejeune unknowingly bathed in and drank contaminated water. The tragedies that unfolded from that injustice are incalculable and unconscionable, including hundreds of babies who lost their lives because they were exposed to toxic water. Several of the babies were stillborn, so they didn’t even have a chance to take a single breath before they died.
Children weren’t the only ones to suffer because of exposure to Camp Lejeune’s contaminated water. Many adults have suffered and are suffering due to exposure to Camp Lejeune’s toxic water, developing serious, and often fatal, illnesses, such as cancer and Parkinson’s disease.
WHAT IS THE CAMP LEJEUNE JUSTICE ACT?
The Camp Lejeune Justice Act was signed into law recently. It enables veterans, military families, and civilian contractors who served, resided, or worked at Camp Lejeune from August 1953 to December 1987 to recover compensation for what was done to them.
WHO IS ELIGIBLE FOR COMPENSATION THROUGH THE CAMP LEJEUNE JUSTICE ACT?
In most cases, to be eligible for the Camp Lejeune Justice Act a person must meet one or more of the following requirements:
- A person or a person’s family member was exposed to contaminated water at Camp Lejeune for at least 30 days from August 1, 1953 to December 31, 1987. This can include utero exposure.
- A person or a person’s family member was diagnosed with a severe illness, like cancer, after working or living at Camp Lejeune. This can include a diagnosis that came years after the person worked or lived at the base.
- While a person worked or lived at Camp Lejeune, their child died shortly after birth.
- Following a person’s time living or working at Camp Lejeune, their child died shortly after birth.
- While a person worked or lived at Camp Lejeune, the person or their child was diagnosed with a major fetal malformation or birth defect.
- Following a person’s time living or working at Camp Lejeune, the person or their child was diagnosed with a major fetal malformation or birth defect.
- While a person worked or lived at Camp Lejeune, or not long after the person worked or lived at the base, the person suffered infertility or had a miscarriage.
In some cases, it can take years for the effects of toxic chemical exposure to reveal themselves. There are studies that show that long term toxic chemical exposure (30 days or more) can result in a person being at a higher risk of developing serious illnesses, such as cancer and Parkinson’s disease, for the rest of their life. This is why even if a person doesn’t develop health problems until years after working or living at Camp Lejeune, they may still be eligible for compensation.
WHAT TYPES OF INJURIES HAVE RESULTED FROM EXPOSURE TO CAMP LEJEUNE’S CONTAMINATED WATER?
The effects of toxic chemicals are far-reaching, which means that the injuries and illnesses that can result from exposure to contaminated water are wide-ranging.
The following is a list of a few of the illnesses and injuries that people have suffered because of exposure to Camp Lejeune’s toxic water:
- Cancer (this includes almost every type of cancer)
- Hepatic steatosis
- Birth defects (including but not limited to choanal atresia, oral cleft defects, low birth weight, and neural tube defects)
- Major fetal malformations
- Female infertility
- Miscarriage
- End-stage renal disease
- Scleroderma
- Neurobehavioral effects
- Parkinson’s disease
- Fetal death
- Cardiac defects
- Aplastic anemia
- Renal toxicity
- Myelodysplastic syndromes
OUR EXPERIENCED CAMP LEJEUNE WATER CONTAMINATION ATTORNEYS ARE HERE FOR YOU. SCHEDULE A FREE CONSULTATION TODAY!
No one deserves what happened to the people serving, living, and working at Camp Lejeune, especially our veterans and their families. The US Department of Defense (DOD) and US Department of Veteran Affairs (VA) must answer for what they allowed to happen.
The Camp Lejeune Justice Act is a good start. However, even when it comes to that, there’s a lot of work left to do. The Camp Lejeune Justice Act has issues that still need to be worked out, including procedures that need to be established and questions that need answering.
At The Webster Law Firm, it’s our job to make sense of the Camp Lejeune Justice Act for our clients. Our experienced injury attorneys take on that burden for our clients from day one. We make sure that our clients are fully prepared at every stage of the process, including securing and properly filing all the items, forms, and documents necessary for them to recover the compensation they need and deserve. We are also prepared to file a lawsuit on our clients’ behalf. This is allowed under the Camp Lejeune Justice Act and may be necessary in some cases.
For more information about The Webster Law Firm, and how we can help you if you or a family member were exposed to contaminated water while serving, living, or working at Camp Lejeune, check out our clients’ reviews and case results.
To learn more about the Camp Lejeune Justice Act, or to speak with our experienced Camp Lejeune lawyers, call us at (713) 396-5197 or reach out to us online today for a free initial consultation. Se habla Español.
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