The Texas legislature has made medical malpractice lawsuits (“healthcare liability claims”) so difficult that most Texas personal injury lawyers won’t take them anymore. Strict notice and time limitations apply. You need to file very specific expert reports at the earliest stages of the case. Mark McLean still takes these cases and has helped shape Texas law in the process. For example, in Verticor, Ltd. v. Wood, 509 S.W.3d 488 (Tex.App.—Austin 2015, pet. denied), Mark drafted the briefs and argued the case that precluded a medical device manufacturer from being able to claim the protections of Texas’ medical malpractice laws.
Defective Product Personal Injury
Defective product personal injury cases are just as complex. Many times, different laws are applied in Federal Courts across the country. For example, Mark was on the team that achieved a confidential settlement after years of litigation in San Diego’s Federal Court in Rodriguez v. Vizio, Inc., where an 18- month old baby swallowed a lithium “button” battery, leading to extensive surgeries (the baby thankfully made a fantastic recovery).
Workplace injuries are likewise complex. In Texas, a worker is precluded from suing his or her employer, except where (1) the employer does not carry worker’s compensation insurance (called “nonsubscriber” cases), or (2) the employee dies do to the employer’s gross negligence. Mark led the team that achieved a confidential settlement in a case where a truck driver was forced to drive over 16 hours with only about 30 minutes of sleep during that time period. The driver fell asleep at the wheel and died when the 18-wheeler crashed in the Texas Panhandle.