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Monthly Archives: July 2017

DoctorMalp

Prescriber Testimony Needed to Establish Causation in Medical Device Litigation

By Colvin, Saenz, Rodriguez & Kennamer L.L.P. |

In mass tort litigation where thousands of claimants are involved, it is quite common or plaintiff’s lawyers to procrastinate in cultivating their cases and may neglect securing prescriber testimony. This is a big oversight that your Brownsville medical device defense attorney should seek to capitalize on. Why? Because if a plaintiff does not have… Read More »

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How Pursuing Damages for Infliction of Emotional Distress in Medical Device Claim is a Fruitless Endeavor

By Colvin, Saenz, Rodriguez & Kennamer L.L.P. |

A common tactic utilized by plaintiff’s lawyers is to try and inflate the “pain and suffering” damages associated with a personal injury claim. This is attributed to the fact that economic damages (e.g., medical expenses and lost wages) may be insufficient to secure a sizable settlement or verdict that would be financially worthwhile for… Read More »

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litigation

Supreme Court Slaps Down Blatant Forum Shopping by FELA Plaintiffs

By Colvin, Saenz, Rodriguez & Kennamer L.L.P. |

A tactic often used by plaintiff’s lawyers is forum shopping. This is a practice where a plaintiff’s attorney will file lawsuit in a particular court that they think is likely to provide a favorable judgment, according to U.S. Legal. In Sequa Corp. v. Aetna Casualty & Surety Co., 1990 Del. Super. LEXIS 303 (Del…. Read More »

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Understanding the Texas Statute of Repose

By Colvin, Saenz, Rodriguez & Kennamer L.L.P. |

Many people have a general understanding, or have at least heard, of the statute of limitations. This is a state statute that places a specific time limit on the ability of a plaintiff to file a civil case against a defendant, or defendants, for alleged harm. In the context of a personal injury lawsuit… Read More »

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