According to a recent voter survey conducted by political consultant Bryan Eppstein, voters have begun to recognize that it is insurance companies, not trial lawyers, who are to blame for the fact that health care in Texas has become so expensive. When voters were asked, “Whom do you blame most for the high cost of health care in Texas?” 28% of voters polled blamed health insurers. Drug companies came in second, with 22% of the vote, followed by plaintiff’s lawyers, with 18% of the vote.

While 18% of the vote may still seem like a large number, it’s an improvement over our numbers in the days prior to the significant tort reform measures that took effect in 2003. Back then, 30% of voters polled believed personal injury lawyers were to blame for the high cost of health care.

Perhaps the people who have changed their vote recognize that even despite the tort reform measures passed by Texans - which included significant caps on non-economic damages recoverable by victims of medical malpractice - the cost of health care in Texas has continued to rise at a dramatic rate. In fact, a report recently released by the Robert Wood Johnson Foundation found that Texas ranked third among the states in health insurance premium increases; our premiums increased 40 percent between 2001 and 2005. Perhaps it’s time for Texans to hold insurance companies accountable for the premium decreases they promised Texans if they voted for the tort reform measures that face injured Texans today.

Congratulations to our law partner, Scott Ozmun, for his election to the 353rd Judicial District Court of Travis County, Texas! Scott will be taking over the bench from Judge Margaret Cooper, who chose not to run for re-election this year.

Firm partner Scott Ozmun was honored with the Texas Trial Lawyers’ Association’s Michael T. Gallagher Legislative Advocacy Award today at TTLA’s Annual Meeting at the Driskill Hotel. Scott’s involvement with TTLA’s legislative activity includes serving on the TTLA Bill Review Task Force, as an Eight Day Chair, and as a faculty member for TTLA’s Legislative Academy; testifying before a number of legislative committees; briefing both legislators and their staff; and drafting legislation on behalf of TTLA. In 2006 and 2007, Scott served as TTLA’s Vice President for Legislative Affairs.

Former clients of the firm, Mark and Freada Warren, will be honored with the Texas Trial Lawyers’ Association’s Making a Difference Award at their Annual Meeting this month. This award recognizes and honors clients of TTLA members who have demonstrated a desire to promote the public good through efforts to expose harmful products or practices. Mark and Freada have proven their commitment to their community in countless ways, including donating the organs of their son, Clay; establishing two scholarships in Clay’s name; endowing a risk management retreat at Texas Tech University; and helping create legislation to address issues related to fraternities and sororities (see our blog post of September 24, 2007 for more about the risk management retreat and the legislation). Congratulations, Mark and Freada!

The State Bar of Texas is holding a YouTube contest! Submit your videos capturing the theme, “the promise of justice for all,” and you could win a $2,500 prize. Prizes will be awarded in two categories; a $2,500 scholarship for persons under age 18 and a $2,500 cash prize for persons over age 18. Winners will also receive an expense-paid trip to the awards presentation in Grapevine, Texas, in January of 2008.

On Saturday, September 22nd, Bill Whitehurst and Michelle Cheng of Whitehurst, Harkness, Ozmun & Brees, P.C. spoke at the third semi-annual Clay Warren Risk Management Retreat in Lubbock, Texas. The retreat, which focuses on risk management issues for the Greek community at Texas Tech University, was created by Mark and Freada Warren of Plainview in conjunction with the Center for Campus Life at Texas Tech. The Warrens established the retreat after their son, Clay, tragically died in an auto accident following a fraternity function. The driver of the car in which Clay was riding fell asleep behind the wheel.

The retreat covers a number of topics important to college students today, including hazing, alcohol and drug use and abuse, and sexual assault.

In February of this year, Texas Tech’s Center for Campus Life received an award from the National Association for Student Personnel Administrators for their work on the retreat.

The Warrens’ story also inspired Texas House Bill 2639, which was signed into law this summer. One of the provisions of HB 2639 requires fraternities, sororities, faculty advisers and other college or university officials involved in student activities to attend an annual risk management course at the beginning of each academic year.

Whitehurst, Harkness, Ozmun & Brees has handled a number of cases involving hazing by fraternities and other campus organizations. If you have questions about a potential case involving a fraternity, sorority, athletic team, or other campus organization, please contact us.

The plaintiffs in a lawsuit that arose over the 2003 Rhode Island nightclub fire that killed nearly 100 people and injured 200 have reached a $13.5 million settlement with several of the defendants in that case. The settlement, which must be approved by a federal judge, is what the plaintiffs and their attorneys hope will be the first of several. The fire began during a concert of heavy metal band Great White, when sparks from some of the pyrotechnics used in the band’s production caught the club’s soundproofing material on fire. The blaze spread quickly in the wooden club, trapping concert goers inside and spreading toxic fumes. The band’s guitarist, Ty Longley, was also killed in the fire.

If you have questions about a potential case involving a fire, including fires caused by propane or gas explosions, please contact us.

Welcome to our new website! We have updated it to provide additional information about the areas of the law in which we practice, and we hope it will be useful to you. If you have questions about a potential personal injury or business law case that aren’t answered by our site, don’t hesitate to contact us anytime using the form on the right side of the page. Thanks for visiting.