Archive for the ‘Uncategorized’ Category

Texas Personal Injury Attorney

Tuesday, August 24th, 2010

In my many years of experience, I encounter many different lawyers, very few of which have the experience necessary to call themselves experts. When I meet an attorney that does personify expertise I like to give them my recommendation. One such attorney is Houston wrongful death lawyer Michael Grossman. This experienced trial lawyer has spent the past 20 years helping injured victims of accidents throughout the state of Texas. Through his hard work and commitment to his clients, Mr. Grossman has recovered millions of dollars for his clients to help them with their pain and suffering. In fact, Michael has been inducted into the Multi-Million Dollar Advocates Forum, a private club that only grants admission to trial lawyers who have recovered multi-million dollar verdicts or settlements for their clients. Truck accident victims that are looking for a good Houston truck accident attorney or work injury lawyer in Houston can contact Michael Grossman.

US Supreme Court Dismisses Malpractice Claim Against Public Health Service Employees

Wednesday, May 5th, 2010

           Francisco Castenada was being detained by immigration authorities.  He consistently sought treatment for a bleeding lesion.  A physicians assistant and three outside specialists repeatedly stated that Castenada urgently needed a biopsy.  A Public Health Service physician and a Public Health Service officer, however, denied the request.  After Castenada was released from custody, tests confirmed that he had metastatic cancer. 

            Castenada sued the United States under the Federal Tort Claims Act. He also sued the Public Health Service employees for constitutional violations.  After Castenada died, his heirs became plaintiffs. 

            After several appeals, the United States Supreme Court has recently dismissed the lawsuit  against the Public Health Service employees.  According to the Court, the only legal remedy here is against the United States under the Federal Tort Claims Act.  If the case had been allowed to proceed against the Public Health Service employees, different rules would apply.  There would  be a trial before a jury. It would be governed by uniform federal rules rather than state law. Punitive damages would be available. 

            The Castenada family is not left without a remedy.  During the appeal, the United States filed a formal notice admitting medical negligence under the Federal Tort Claims Act.  The case was remanded to the district court for what will be a trial on damages only.