It’s that “collegial” atmosphere that has also helped his law firm, Slack & Davis, become one of Austin’s preeminent law firms when it comes to personal injury and products liability. Davis and his fellow attorneys truly care about their clients. That commitment makes him the best candidate for this week’s Wednesday interview.

1. Describe your legal practice.
I lead our firm’s personal injury and products liability practice, representing victims of life-altering and catastrophic incidents related to commercial truck and automobile collisions; oilfield, electrical, and construction site accidents; and defective products including drugs and medical devices, tires and child safety seats.

2. What are the biggest challenges of those you interact with on the legal front and what is the key to helping them resolve those challenges?
The clients I represent come to us at what is probably the lowest point of their lives. They have experienced personal loss and/or injury, and are going through the process of getting their lives back in order. People in this vulnerable state need reassurance and a reliable team to help them navigate the legal process. Because our clients frequently have neither the power nor the resources to take on powerful defendants and their insurance carriers, we have to be prepared to supply the resources, legal skills and experience necessary to level the playing field for them.

3. What are the advantages to practicing law in Austin?
I come from five generations of Austin residents. Growing up in Austin, I knew I lived in a special place. A lot has changed, of course, but Austin is still special and unique. That uniqueness extends to the Austin legal community. Although we have become a big city and cannot completely escape some of the attributes of a big, urban practice, the Austin bar continues to be more collegial than most. There are still some elements of a smaller-town practice. You can still count on the word or handshake of lawyers you know or have worked with over the years rather than working under a cloud of distrust in which you have to have every little thing documented, signed and filed with the court.

4. How would you improve the legal profession if you could?
I would work to make the judicial system more open and accessible to those who need it. Over the past several years, laws and rules have made it increasingly difficult for the average citizen to gain access to the courthouse. I fear that we are quickly approaching a time when only the rich and powerful will have the ability to access the judicial system. I would like to see some balance restored to the system.

5. Who or what was your biggest influence in becoming a lawyer and why?
My parents. My dad’s influence is fairly obvious. He was one of the first lawyers in Austin to represent injured people. He went on to serve as president of both the Texas Trial Lawyers Association and the Association of Trial Lawyers of America (now American Association for Justice). I grew up traveling around the country with my dad as he spoke at various legal seminars. But my mom also played a role. Mom was always the champion of the underdog – always willing to take a stray animal or a stray kid under her wing. My parents taught me to help people in need and to stand up for those who cannot protect themselves. I like to believe that is what we do as personal injury attorneys.

I talk to people every day who suffer very serious side effects from taking prescription drugs. The Supreme Court recently decided a case that affects almost every single conversation I have with a new client.

In Pliva v. Mensing, two plaintiffs took generic Reglan – a drug that speeds up food digestion. Both women took the drug for several years and developed a rare neurological disorder that causes uncontrollable involuntary body movements. People who get it literally cannot sit still. Even though their doctors prescribed Reglan, the pharmacists gave these women the generic version of Reglan. The generic drug is chemically the same, but it is made by a different company.

These women sued the company that made the generic drug and complained that the warning label was not strong enough – that it did not explain clearly that using the drug for a long time would cause uncontrollable body movements for the rest of your life (very serious injuries from taking a drug that helps with food digestion).

The case went all the way to the Supreme Court. The issue was whether the women could sue the company that made the generic drug for an issue with the label.

The FDA has a rule that requires a generic drug’s label to be IDENTICAL to the brand name drug’s label. In Pliva v. Mensing, the company that makes the generic drug argued that it could not make a stronger warning without breaking the FDA’s rule.

The Supreme Court agreed with the company. The way the law is today, generic drug companies cannot change their label – even if they know their drug is killing people or causing people very serious injuries. They can’t change the label and you can’t sue them if you get injured. But what is truly bizarre is that if these women had taken the brand name drug Reglan, they could have sued the company to change to label.

In 2008, the Supreme Court ruled that a Vermont woman who had her hand and forearm amputated because of gangrene after being injected with a brand name anti-nausea drug could sue the manufacturer for not having a strong enough warning label; she won $6.8 million.

Basically, if you get injured by a brand name drug, you can sue a company to pay for your injuries. But if your pharmacist gives you the generic drug instead, the Supreme Court says you don’t have a case.

This is a huge problem because almost 80 percent of prescriptions are filled using generic drugs. The New York Times has picked up on this problem and recently ran a story titled, Generic Drugs Proving Resistant to Damage Suits .

The article talks about how unfair the law is to the people who get injured by dangerous generic drugs.

Your pharmacist may ask if you want to substitute the generic drug because it is much cheaper. But s/he will never tell you that, if you take the generic, you are giving up your legal rights if the drug kills you or seriously injures you for life.

Until Congress steps in to change the law, or until the FDA changes its rules to allow generic drug makers to make warning labels stronger, people who are injured by generic drugs cannot get money from the drug company when they get seriously injured.

The issue is complicated and the laws could change at any time. My job is to help people who get injured by dangerous drugs. I am staying on top of this issue. If you have questions, please feel free to contact me.

Video: Suzanne Kaplan offers insight about the Supreme Court ruling in Pliva v. Mensing, which is related to generic vs. brand name drugs.

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Cause of St. Mary copter crash still unclear
By Eric Heisig, Thibodaux Daily Comet (Louisiana)
Published: Tuesday, February 7, 2012

What exactly caused the helicopter crash in St. Mary Parish last month that killed two men remains unclear, according to a report released Monday by the National Transportation and Safety Board.

Lanny Ledet, 43, of Gheens, and Jason McKean, 40, of Amite, were killed when their helicopter, a 2006 Robinson R-44 owned by Cenac Marine Services of Houma, crashed on Jan. 19 in a remote area near Belle Isle about 13 miles southwest of Morgan City, authorities said.

Ledet was a longtime employee of the Cenac’s Golden Ranch Plantation, while McKean was a pilot for Chet Morrison Contractors in Houma. The pair took off from the Houma-Terrebonne Airport and were headed to a business meeting in Plaquemines Parish, authorities said, though they had taken a detour over St. Mary Parish.

An autopsy performed by the St. Mary Coroner’s Office reported that Ledet and McKean died from blunt-force injuries sustained in the crash.

On Monday, the NTSB released a preliminary report giving more details about the crash, though it did not say what caused it. The report says there was good weather, and “several witnesses reported seeing the helicopter circling at (a) low altitude and said the pilot waved at them.”

Nobody reported seeing the crash, the report says, but witnesses heard the impact, saw smoke and put out the flaming wreckage with extinguishers.

A full report that includes the probable cause will take up to 18 months to complete.

Ladd Sanger, a Dallas-based aviation law specialist and helicopter pilot, said the Robinson R-44 helicopter has a history of catching fire after crashes due to a problem with its internal fuel system.

“There are at least 20 instances where a Robinson is involved in a crash that had a post-crash fire where it shouldn’t have happened,” Sanger said, adding that the problem causing the fires was fixed in helicopters made after December 2010 and that replacement parts were made available to those with older models. “I’m glad to see Robinson was proactive in changing the design of the helicopter, but there are still a lot of old ones out there that have this (faulty) design.”

This is the second Robinson R-44 helicopter to be involved in a fatal crash in the past month. On Saturday, two people died in Australia when their helicopter crashed soon after takeoff.

Sanger said the details of that crash are similar to the one in St. Mary, and it is peculiar that both caught on fire.

“This helicopter and the Australian helicopter were at relatively low altitudes and air speed, and there were tremendous post-crash fires,” Sanger said. “If the occupants survived the crash, they obviously did not survive the post-crash fire.”

Sanger also said R-44 models have been known to have issues maintaining blade speed while maneuvering. A maneuver can cause the blades to slow down, Sanger said, which can make the helicopter quickly drop.

Between 2001 and 2010, out of 1,768 helicopter crashes, 136 of those involved the R-44 model, NSTB statistics say.

A request for comment from Robinson Helicopters was not immediately returned.

Chet Morrison and Cenac share a helicopter hangar at the airport, though it is still unknown why McKean was flying Cenac’s helicopter. Representatives from Chet Morrison have said McKean was not flying on their business.

Arnold Scott, NTSB investigator and the report’s author, did not immediately return a phone call.

The Associated Press contributed to this report.

Link to story here.

The firm’s donation pushed the campaign over the $750,000 goal, helping it reach new heights in the history of the campaign. Mr. Sanger and Ms. Sweeney, representing Slack & Davis’ Dallas office, are “glad to help this important program and continue the firm’s tradition of serving the community.” Click to read full story about Slack & Davis’ donation.

Just months after announcing that Paula Fisette Sweeney has joined Slack & Davis, dramatically enhancing and expanding the firm’s major personal injury and wrongful death litigation practice, Slack & Davis announced today that John Jose, formerly of Jose, Henry, Brantley, MacLean & Alvarado, has joined the burgeoning legal powerhouse.

Jose, who started his firm in 1984, said that he leaves his fellow attorneys in Fort Worth on amicable grounds.

“This decision was really more about the opportunity to work with Mike (Slack) and Mike (Davis) as well as Paula, who is a rock star,” said Jose. “I believe that what Slack & Davis has done with its outstanding aviation as well as its diverse personal injury practice is a formula that can be duplicated in two practice areas that I feel very passionate about – accidents in the oil & gas and electrical industries.“

While many of Jose’s successes in the aforementioned practice areas go unreported because of confidentiality agreements, others have been reported, illustrating his capability as a plaintiff’s attorney.

One example of this occurred recently when he secured a $24 million settlement against a trucking company, which was found liable in an accident that killed a Tarrant County mother. The settlement was one of the county’s largest in a wrongful death suit involving a single fatality.

“Time and time again, John has proven himself as a steward for those who have been harmed through the fault of others,” said Slack & Davis co-founder and partner Mike Davis. “His experience will be invaluable at our firm.”

Slack & Davis now has 10 attorneys, with offices in Austin, Dallas and Fort Worth. The new Fort Worth office is located at 100 Lexington Avenue, Suite 70, Fort Worth, Texas 76102; 817.288.8988; 817.288.8999 (FAX).

Note: The new Fort Worth office is currently under construction. Call the number above for updates and information.

Case details
Airplane mechanic Larry Hagerman, of Pflugerville, Texas, was killed on April 10, 2008, when the door of a pressurized airplane opened explosively and struck his head. Mr. Hagerman was opening the door from the outside after the plane had landed at Taylor Municipal Airport. The airplane, a Hawker Beechcraft Corporation King Air model B200, was operated by Defendant Pumpco, Inc. and piloted by Defendant Albert Sidaras.

Slack & Davis sued Hawker Beechcraft Corporation for negligence, claiming defective design of the aircraft’s depressurization system and other inadequate systems and procedures. They also sued operator Pumpco, Inc. and pilot Albert Sidaras for negligence in failing to depressurize the aircraft or warn Larry Hagerman that the aircraft was still pressurized.

The plaintiffs settled with Hawker Beechcraft Corporation before trial for $1,800,000.

The verdict
In handing down the $6.82 million verdict to Mr. Hagerman’s two teenagers, the Belton, Texas, jury placed 80% of the responsibility on the aircraft operator. The settling party, Hawker Beechcraft Corporation, was found to have only 20% of the responsibility for negligence and defective design causing Mr. Hagerman’s death.

The case was tried against a settlement offer of $900,000 from the pilot/operator.

“The jury’s finding that Larry Hagerman was not negligent – and that the damages resulting from his death were substantial – validated our belief that this jury would be fair when asked to hear the evidence and measure the loss to his family and to this community,” said Mark Pierce of Slack & Davis, L.L.P., lead trial counsel for the Hagerman family.

Pierce tried the case with Slack & Davis’ name partner Michael Slack, an Austin attorney who is highly regarded nationally and internationally in aviation law. “With this decision, the jury made a clear and courageous statement on behalf of aviation safety,” Slack said.

Attorney Fletcher Rhodes of Temple, Texas, served as local counsel for the plaintiffs. Attorneys Robert Ruckman and James Struble of Jackson Walker L.L.P. (Dallas) represented the defendants along with their local counsel, John Francis.

“Bringing Paula and her firm into Slack & Davis completes the circle,” said co-founder and managing partner Michael L. Slack. “John Howie was a friend and mentor. After his untimely passing, and in accordance with John’s wishes, we immediately brought in Ladd Sanger, who was a prominent aviation attorney at Howie & Sweeney. This helped our firm build a national and international reputation in aviation law. However, our other major, non-aviation litigation areas are just as vital. With Paula’s addition, the transition is complete. She has the skills and talent to handle any of our cases.”

Sweeney thoughtfully weighed her options before joining Slack & Davis.

“We have been friends for more than 30 years,” said Sweeney in explaining her decision. “They are not only tremendous lawyers, but spectacular people as well.”

She added that “the merger of the two firms represents an exciting blend of personalities and ideas. The cultures of the two firms are already so similar. We’re both very passionate and dedicated to representing people who have suffered because of the actions or negligence of others.”

Co-founder and partner Mike Davis agreed, noting that leveraging Paula’s expertise in several dynamic areas, particularly medical malpractice, medical device products liability and pharmaceuticals, will help the firm strengthen its diverse practice.

“We knew all along that Paula could be a tremendous addition to our firm,” said Davis. “Paula is a big-case, big-time trial lawyer. Since these are the types of cases we handle, there will be many clients who will benefit from Paula’s extraordinary skills.”

About Paula Sweeney
Sweeney is board certified in Personal Injury Trial Law. She is a past president of the Dallas Trial Lawyers Association (1991), past president of the Texas Trial Lawyers Association (1998), and past president of the Dallas Chapter of the American Board of Trial Advocates (2001). Sweeney has also been a Governor of the Association of Trial Lawyers of America and is a former member of the Board of Directors of the State Bar of Texas. She has been appointed to significant positions by the Supreme Court of Texas, including the Supreme Court Rules Advisory Committee, on which she served for 14 years; the Supreme Court Task Force on Medical Malpractice Discovery; the Supreme Court Task Force on The Jury Charge; and the Pattern Jury Charge Committee, on which she served for more than 10 years. Sweeney is a fellow in the American College of Trial Lawyers and the International Academy of Trial Lawyers and was recently admitted to the International Society of Barristers.