Recent Cases

Compounding Pharmacy Error Results in Severe Burns (Pending):

Cause No. 2015-76229; Rose Hill, Plaintiff, vs. Valmed OTC, LLC, Valmed Pharmacy Solutions, Inc., and Andrea Morris, Defendants, 270th District Court in and for Harris County, Texas.   
An Amarillo compounding pharmacy is accused of gross negligence for knowingly manufacturing and selling a non-FDA approved drug called Nitrogen Mustard to an Amarillo woman for treatment of her skin condition.  When the woman applied the compound, which was made at an overdose level of 1000%, she sustained 3rd degree burns over 70% of her body. 

Goodwill Industries Sued For $50 Million After Employee Raped (Pending):

Cause No. 104,703-E; Donna Ricketts, Individually and on Behalf of Gloria Ann Ricketts, incapacitated adult and Jeremiah Hunter Ricketts, a minor child, Plaintiffs vs. Goodwill Industries International, Inc., Goodwill Industries of Lubbock, Inc., aka Goodwill Industries of North Texas and Royce Watson, Defendants, 108th District Court in and for Potter County, Texas

Goodwill Industries, of Lubbock Inc. and Goodwill Industries International are accused of negligent hiring and supervision after one of their ex-convict employees raped and impregnated a 33 year old female co-worker who suffered from moderate mental retardation.  The woman unaware she was pregnant, gave birth to a premature 2.2 pound baby who will suffer chronic health problems his entire life because of developmental defects.

Semi-Truck Driver on Cellphone Causes Fiery Crash in Odessa, Texas.  (Pending):

Cause No. P-11878-112-CV; Victor Vasquez, Sr. and Magally Jimenez Vasquez Individually and on Behalf of the Estate of Victor Jimenez Vasquez, Jr., Deceased, Plaintiffs vs. Luis Saucedo Lopez, Rogelio Ivan Lopez, and Waters & Waters Services, Inc., Defendants, in the District Court in and for Pecos County, Texas

Two semi-truck drivers working for a Schlumberger subsidiary lost control of their vehicles and caused a fiery crash which killed two Odessa men traveling in their company vehicle.  Sources close to the investigation claim that at least one of the semi-truck drivers was distracted by using his cellphone at the time of the crash.  According to the Texas Department of Public Safety the case will be presented to an Ector County Grand Jury for consideration of criminal indictments against one or more of the semi-truck drivers.  The family of Victor Vasquez Jr. has filed a $120 million lawsuit against the semi-truck drivers and their employer.

GM Defective Airbags & Ignition Failures: Settlement in 2014. Wrongful Death. Airbags failed to deploy in side impact auto accident.

Hospital Negligence:  Settlement. A 56 year old woman was admitted to an urban hospital, diagnosed with a pulmonary embolism. The nursing staff forgot to administer a second dose of Lovenox, the patient experienced cardiac arrest and died in front of her two adult children.

Intoxicated Pedestrian: Settlement. 32 year old woman walking home from a Super Bowl party when she was run over by a plumber who was returning from a service call for his employer. The woman had a .18 BAC while walking in the middle of an unlit road at night. She wore a camouflage jacket and dark jeans. The woman was severely injured and needed a metal rod installed in her left leg and plating in her right ankle.

Botched Tummy-Tuck: Settlement. A plastic surgeon failed to use ordinary care causing unnecessary scarring around the abdomen of a 63 year old woman.

DWI Death: Verdict. Under the Texas Dram Shop Act. 18 year old boy purchased alcohol at a convenience store. The young man was speeding, lost control of his vehicle, hit a tree and died.

Hospital Burns Infant: Settlement. A hospital nurse attempted to warm the hand of a NICU infant (prior to an ABG draw) by applying a plastic diaper filled with hot water from a mop sink. The hot diaper melted half of the infant’s index and middle fingers.

Negligent Surgery: Settlement. Plastic surgeon negligently performed a breast enhancement causing gross disfigurement and nerve damage.

Misdiagnosed Cancer: Verdict. An orthopedic surgeon and two pathologists misdiagnosed giant cell tumor in a woman who actually was suffering from osteosarcoma in her left tibia. The 52 year old school teacher died a year after the delayed diagnosis. All three doctors were found liable.

Police Shooting: Settlement. Four uniformed officers opened fire on a black Tahoe they suspected took part in a gun battle with occupants of another vehicle. The driver, a young father was killed and a passenger struck in the arm with bullets. Police shot over 40 rounds at the truck alleging the driver tried to run over the officers and was shooting at them from the driver’s side window.

Read Amarillo Globe News Article Here – Polk Police Shooting Amarillo, TX.

Misdiagnosed Pneumonia Infant Death: Confidential Settlement. A negligent family doctor failed to recognize respiratory distress of an infant brought to his clinic by the mother. The baby was misdiagnosed with a minor cold, sent home and died two hours later.

Dental Malpractice: Confidential Settlement. 28 year old female. A general dentist failed to notice his patient choking during anesthesia. The patient suffered cardiac arrest and died.

The cases described above are intended to offer a brief sample of the types of cases Quackenbush Law Firm has handled recently. These cases are not intended to make guarantees about the results of your case. Every case has different facts and circumstances and the results of your case will depend on your facts alone.

“Intoxicated Manslaughter” (Settlement):
Cause No.: 101,660-B; Donald Encinias, Sr., Individually and on Behalf of the Estate of Mary Nancy Encinias, Shawn Encinias and Donald Encinias, Jr. vs. Billy Don Ware 181st District Court, Potter County, Texas

According to police and media reports B.D. Ware was traveling at a high rate of speed and ran a red-light striking the vehicle being operated by Mary Encinias. Mrs. Encinias was killed in the accident. Ware was apparently consuming large quantities of alcohol at a downtown bar and was driving drunk at the time of the accident. This is believed to be Ware’s third alcohol related accident with injuries. Ware is the son of banking mogul Bill Ware, who owned Amarillo National Bank. Ware, was driving with an open container and had 3 cases of beer inside the cab of his truck at the time of the accident.

Intoxicated strip club Patron Runs Over Motorcycler (Pending):
Cause No.: 65,350-B; Julius A.J. Gray vs. Millford, LLC a/k/a Cassidy’s Polo Club and AmTex Food and Beverage Inc. a/k/a Cassidy’s Polo Club, In the 181st District Court for Randall County, Texas

A man consumed over 12 drinks in 2 hours at Cassidy’s Polo Club, an Amarillo, Texas Strip Club which operates next door to the Girl Scouts of America headquarters. The drunk-driver alleges he never saw Mr. Gray before striking him. Mr. Gray and his motorcycle were dragged over 600 feet beneath the truck. Mr. Gray was burned over 45% of his body and was hospitalized for weeks after the accident. The drunk-driver has pled guilty to his DWI charge and has been sentenced.

Chrysler Grab Handle Failures Causing Severe Injuries Since 2002 (Settlement):
Cause No.: 36,911; Merdella Hughes vs. Chrysler Group, LLC and Johnson Controls, Inc.; In the 223rd District Court; Gray County, Texas

Since 2002, Chrysler has been selling DR model trucks with defective grab-handles which are failing and causing drivers and passengers to fall out of the vehicles while attempting to get in. Chrysler hired JCI (component manufacturer) to test the grab handles and both companies had knowledge of the defects since published reviews appeared in 2007 Motor Trend and Truck Trend magazines. Chrysler has had thousands of warranty complaints and dozens of lawsuits filed by injured customers but continues to ignore the problem, refusing to issue a recall or even written warnings to the public.

Qwest & Construction Company Backhoe Operator Pulls Onto Roadway Causing Crash (Settlement):
Cause No. D-202-CV-2011-10944; Mickey Mondragon vs. Juan Ramirez Hernandez, Del Rio Construction, et. al; Second Judicial District, County of Bernalillo; State of New Mexico

An illegal alien with no formal training violates state and federal construction zone safety codes by backing his backhoe onto a busy 2-lane highway, causing an impact with a student on his way to school. The construction company admitted during deposition to training and encouraging their backhoe operators to break the law by operating beside roads and on highways without proper permits.

 

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