2019 Texas Super Lawyers ®

Perdue & Kidd is excited to announce that named partners Jim Perdue Jr. & Donald Kidd have been named 2019 Texas Super Lawyers! Our lawyers have been named for another year to this list for their work in personal injury, general litigation, medical malpractice, and products. Both our lawyers have been named on this list every year since 2004. Jim Perdue has been honored every year since the awards inception.

2019 Texas Rising Stars

Adam Blake & Michael Clinton were also named on this years 2019  Texas Rising Stars for personal injury litigation. This is both our young attorneys first times to be honored on this list. Rising Stars seeks to honor the best and bright young lawyers across the nation in their selected fields. Congratulations lawyers!

What is Super Lawyers?

Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The patented selection process includes independent research, peer nominations and peer evaluations.

Super Lawyers Magazine features the list and profiles of selected attorneys and is distributed to attorneys in the state or region and the ABA-accredited law school libraries. Super Lawyers is also published as a special section in leading city and regional magazines across the country. Lawyers are selected to a Super Lawyers list in all 50 states and Washington, D.C.

Perdue & Kidd

Perdue & Kidd is a nationwide personal injury and trial law firm that represents individuals and businesses across the United States. We litigate in the areas including products liability, pharmaceuticals, business disputes and personal injury claims. Above all, our attorneys pursue justice and full compensation for all of our clients.

Contact Us 24/7 on our website here, or connect with us on Facebook.

Perdue & Kidd is excited to announce Jim Perdue Jr. on this year’s listing of Best Lawyers ® in America. Jim is being recognized a 5th time for his work in Medical Malpractice & Personal Injury Litigation. Mr. Perdue has tried over 30 personal injury cases to a jury verdict. In addition, he has multi-million dollar verdicts for cases involving pharmaceutical liability, workplace injury, and medical malpractice. Jim Perdue continues to practice law in Houston, Texas, as a named partner of Perdue & Kidd.

What is Best Lawyers?

The Best Lawyers in America list dedicates itself to helping readers find top attorneys and law firms nationwide. This list selects lawyers through peer reviews from leading attorneys around the country.  Inclusion on this list represents approval from experienced members of the legal community. Selectors for this list are in the same practice and geographic area as the lawyers they pick. Best Lawyers is a reliable and curated guide for those looking for reliable legal help.

Perdue & Kidd

Perdue & Kidd is a nationwide personal injury and trial law firm that represents individuals and businesses across the United States. We litigate in the areas including products liability, pharmaceuticals, business disputes and personal injury claims. Above all, our attorneys pursue justice and full compensation for all of our clients.

Contact Us 24/7 on our website here, or connect with us on Facebook.

Social media has grown exponentially in the last decade and is a routine part of many people’s lives. It allows people to share their experiences, connect with others, and promote themselves and their businesses. However, social media affects your lawsuit because it is a permanent, digital record of everything anyone posts. Therefore, it is so important to use social media responsibly, especially when involved in a lawsuit.

Social media is never truly private. Even if you set your settings to private, where only friends can view, the posts can still be discoverable. Private messages are also not immune from discovery. Sometimes, even deleted posts can get recovered and produced to the court.

Everything you say can and will be used against you

The court may require a party in a lawsuit to disclose all their social media history. This allows the opposing side to comb through social media and find evidence or even misconstrue those posts against your claim. While it is normal for people to want to put their best face forward on social media, they rarely realize the consequences of their posts. Social media posts can possibly call the facts of the case into doubt. They can make the poster look bad, contradict testimony, or undermine damages.

For instance, a plaintiff in a personal injury lawsuit claims injuries for broken bones, chronic pain, and mental anguish. If they post photos of them being physically active or socializing after the incident, like going skiing with friends or frequently checking in at the gym or yoga classes, then those posts can disprove their claim that they’re hurt and cannot take part in activities and reduce the amount of money they can recover. A jury could think the plaintiff is exaggerating their injuries and award them less money. Likewise, if a plaintiff posts a version of events related to the incident and later testifies differently, the post can undermine their credibility.

How to protect yourself and your case

While this area of law continues to evolve, it is best to treat every post, message, photo, or video as if it will be admissible in court. If you involve yourself in a litigation, consider suspending your social media accounts until the matter fully resolves. Below are additional simple practices to ensure that your reputation and credibility do not become comprimised:

  • The best way to avoid having social media undermine your case is to avoid posting completely
  • Set all profiles to “private” to limit public access to your accounts
  • Do not accept friend or follow requests from anyone you do not personally know
  • Don’t post anything (no details, no photos, no videos) about your accident, injuries, or case
  • Ignore any comments about your case
  • Post nothing that you discuss with your lawyers
  • Tell friends and family not to post about you

Social media affects your lawsuit. If you or anyone you know needs a personal injury lawyer, contact us today for a free legal consultation. Like us on Facebook to stay up to date with our firm!

Employees covered by the Fair Labor Standards Act (FLSA) must receive overtime pay for time worked over forty (40) hours per workweek of at least one and a half (1.5) times their regular rates of pay. An employer who requires or permits an employee to work overtime has to do the following:

– pay the employee premium pay for overtime work even if the employee earns salary.

However, some employees and employers are exempt from the overtime pay provisions of the Fair Labor Standards Act. Exemptions are few and narrowly construe against the employer asserting them. The U.S. Department of Labor cautions employers to always examine the specific language of the asserted exemption in light of the employee’s actual duties before assuming that the exemption applies to the employee. The employer, not the employee, has the burden of proving that the exemption applies.

Fair Standards Act Law

Employers and employees may not agree to forego the payment of overtime wages. Nor shall an agreement waive the overtime requirement. In other words, if a non-exempt employee works over 40 hours in a workweek, it entitles them to overtime pay, regardless if the employer

  • Directs or makes an agreement with employees to work only forty (40) hours per week;
  • announces that they will permit no overtime work.
  • That they will not pay overtime work unless authorized in advance.

None of these agreements or policies impair the employee’s right to compensation for compensable overtime hours worked.

Additionally, some states such as New York, Nevada, and California have their overtime and minimum wage regulations. Which employees can receive compensation for lost wages.

If you believe that you have not received fair compensation for your hours worked in the past three (3) years, contact the attorneys at Perdue & Kidd to discuss and evaluate your rights as an employee to wages owed to you.

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In the state of Texas, everybody should have car insurance. If you go down to get your car inspected, if you go renew your registration, or if you want to get a driver’s license. Just about anything, they will ask you for proof of insurance. Everybody should have insurance but the reality of it is that there are about 25 percent uninsured & underinsured motorist out there who have no insurance at all.

There are different types of car insurance. 

Liability

This is the one that the state of Texas says you must have. Liability insurance covers you if you cause a wreck. The minimum in the state of Texas is $30,000. If you are in involved in a car wreck and it was your fault, your insurance company will pay for the damage to the other car and to the people who were harmed up to the limits of your policy. If it’s a minimum limit policy, it will be $30,000 on the personal injuries caused and $25,000 on the property damage. What if there are multiple people injured in the wreck? The $30,000 limit is doubled to $60,000. So, it is $30,000 per person involved or $60,00 per occurrence.

The reality is that most car crashes can cause damages that are more than the $30,000. If you get hurt, let’s say you go to the doctor, ER visit, or if you hurt your back and may need injections. Your medical expenses are going to add up above $30,000 pretty quickly. So, if the person who caused the wreck only has the minimum limit liability policy the most you could ever be able to recover in a claim against that person is $30,000. Technically, you can sue them and get a big judgment against them. However, when you go to collect it, the only thing that’s going to be there is the $30,000 in insurance. Then whatever other assets the person may possess. Realistically, if someone is only able to afford a minimum limit policy, they don’t have many valuable assets.

How to Respond

So, what do you do in this situation? What if you are in a wreck and someone who caused the wreck caused you to suffer injuries and the value of your claim is above what the insurance limit is of the person who caused it? Well, that’s when you look into uninsured and underinsured motorist coverage. So, remember the state of Texas requires you have at least the minimum liability limits of $30,000. Well, the law also says that each insurance policy is to include what’s called uninsured and underinsured motorists coverage.

 

Uninsured and Underinsured Motorists Coverage

This coverage kicks in when somebody else causes a wreck and they are either uninsured or underinsured. There is one little catch on this issue. The statute says the UM UIM coverage can be waived if the person getting the insurance signs a waiver. Unfortunately, there are a lot of insurance agents that just as a matter of course when you go in to get insurance they will give you a quote on liability insurance and slide the waiver of uninsured-underinsured motorist coverage and then you walk out thinking you’ve got full coverage when in fact you did not get full coverage.

So, make sure you read your insurance policy. You will have a form in which is your proof of insurance but the thing is this doesn’t tell you what your limits are. Look at the declarations page on your insurance policy, and it will tell you how much your coverage is. A portion will talk about liability, property damage, and uninsured-underinsured motorist. Uninsured-underinsured is the one you’re concerned about because it is what protects you and your family. If you don’t have that and if you can afford it, it’s only pennies a day to get extra coverage. You should go and talk to your insurance agent and make sure you get the uninsured-underinsured motorist coverage.

Personal Injury Protection

One other aspect is when you get the UM/UIM coverage there’s also what’s called personal injury protection. It is usually $2,500, $5,000 or $10,000 and that coverage is a no-fault coverage. If you get hurt in your car, lose time from work and acquire medical expenses. Personal injury protection is something you get because you pay for it. So, the idea is if you are going to drive around in the state of Texas and you know 25% of people don’t have any insurance coverage, it’s in your best interest for you and your family to make sure you have uninsured and underinsured motorist coverage.

 

If you or someone you know has been effected by a UIM/UI Motorist, contact the experienced attorneys at Perdue & Kidd.  Like us on Facebook!

Perdue & Kidd welcomes Michael R. Clinton as our newest Associate Attorney. Michael will focus on mass tort litigation involving defective medical products. In addition, he will also pursue injury claims arising from major car and truck wrecks, defective products and premises liability. Michael is a member of the American Association of Justice, Houston Trial Lawyers Association, Houston Bar Association, and Board of Trustees for Houston Young Lawyers Foundation. A native Texan, Michael graduated from Southern Methodist University with a BBA in Financial Consulting. Michael attended Baylor Law School on a Dean’s Scholarship for his legal education. Also, he took part in in the NYU Immigration Law Moot Court Competition, the ABA Labor Law Mock Trial Competition, and the UMKC Voir Dire Competition.

 

Michael’s legal career began at Baylor Law School. There he worked as the Practice Court Associate in Baylor’s coveted third-year trial program, Practice Court. Before joining Perdue & Kidd, Michael worked as an associate attorney at a national mass tort law firm where he handled pharmaceutical and medical device litigation, including cases involving IVC Filters, Talcum Powder, Transvaginal Mesh, Reglan, Mirena and the Multiple Sclerosis drug Tysabri.

 

We are excited to have Michael on the P&K team.

At Perdue & Kidd, we frequently receive calls from people who have suffered injuries on the job, asking about their rights and what they can expect from their employers and the workers’ compensation system.  This article will attempt to explain some unique aspects of workplace injuries that occur in Texas.

Workers’ compensation insurance is insurance that’s purchased by employers to cover their employees for injuries sustained while working on in the job–called “in the course and scope of employment” for that employer.  Worker’s compensation insurance is “no fault” insurance, meaning that they will pay an employee for a portion of his or her lost wages and all medical expenses related to that injury regardless of fault.  The employee need not prove that the employer was negligent.  Further, the employee may recover even if he/she was negligent, although there are some exceptions (such as an employee may not recover if intoxicated at the time of the injury).

The downside is that an employee may not recover such human damages such as physical pain, mental anguish, physical impairment, or physical disfigurement in a worker’s compensation claim.  The employer benefits from workers’ compensation coverage because if an employee gets injured on the job, the employee may only recover benefits from the worker’s compensation insurance carrier; employees cannot sue the employer.  One exception is if the employee dies because of the incident, but the employee’s surviving spouse and children must then prove that the employer was grossly negligent.  In Texas, the worker’s compensation claim goes through the Texas Worker’s Compensation Commission as an administrative proceeding.

 

Workers’ Compensation in Different States

In every state and the District of Columbia, there is a requirement that employers carry worker’s compensation coverage.  Some states require all employers, regardless of the type of entity and number of employees to have coverage.  Some states require employers with certain minimum numbers of employees or revenue amounts to have coverage, but the minimum requirements in all states are so low that all businesses must provide workers’ compensation coverage.

In New Mexico, all businesses with three or more employees must provide workers’ compensation insurance. Employers may purchase voluntarily if the business has fewer than three employees. Construction businesses must carry coverage regardless of their number of employees.  There are exceptions for some types of professions, such as domestic servants and real estate salespeople.

Texas is the only state in the United States that does not mandate worker’s compensation coverage.  An employer may elect not to cover its employees.  Those employers, commonly called “non-subscribers,” as they do not subscribe to workers’ compensation coverage.  Employers that do not subscribe to workers’ compensation coverage usually base that decision on the costs.  Worker’s compensation coverage can be expensive.  However, the risk that an employee injured in the course and scope of employment may sue a non-subscribing employer and the employer loses the common-law defenses of comparative and contributory negligence.  That means that an employee recovers from his/her employer provided that the employer was negligent, regardless of the employee’s negligence.  If the employee was negligent, but the employer was also negligent, the employee may recover full damages.  Those damages include the human damages discussed above.

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There is a trend in Texas among many large employers to become non-subscribers.  Many of these are big-box retailers, grocery stores, and hospitals.  They create variations of a Texas Workplace Injury Plan.  To the employee, those plans look like worker’s compensation plans but they are very different.  The plans usually cover medical expenses and lost wages.  The primary difference is the Texas Worker’s Compensation Commission has no authority and will not require the employer to make any payments or provide medical care.

Upon sustaining a workplace injury, the employee will report the injury within the company.  The company will then direct the medical care, either through an in-house specialist or through what they called a third-party administrator.  It is vital that the employee know that the person directing the medical care is working on behalf of the employer – NOT THE EMPLOYEE.  In our experience, the goal of these people directing medical care is to get that employee back to work as quickly and cheaply as possible.  They will often not approve necessary diagnostic testing, surgery, and rehabilitation.

Many injuries have limited time during which medical care can help the employee or the injuries will become permanent. Additionally, most, if not all, plans have a mandatory arbitration provision.  That means that if you decide to file a lawsuit either to recover medical expenses not approved or covered, or to recover your human damages, the employer will require that the case goes to an arbitrator rather than a jury.  The statute of limitations is two years, meaning that an employee must file suit/arbitration within two years from the date of the incident.  It is imperative that an injured employee contact a qualified attorney such as those at Perdue & Kidd because these are complicated proceedings which usually benefit the employer.

Experienced Injury Lawyers

Finally, if an employee is injured on the job through the negligence of a third-party, an employee may be entitled to recover worker’s compensation benefits and sue the negligent third-party.  We often see this arise in situations where the employee works for a contractor at a refinery or plant, or works for the refinery or plant and suffers injuries because of the negligence of a contractor.

At Perdue & Kidd, we have extensive experience in representing employees who are injured on the job.  We have tried these lawsuits in court and have arbitrated these cases when mandated by the employer’s plan.  If you suffered injuries on the job, please contact us as soon as possible. Our lawyers can protect your rights to fair compensation.

Contact us Online 24/7. 

In Texas, medical malpractice cases are governed by a comprehensive statute called the Health Care Liability Act. This act is codified in Chapter 74 of the Texas Civil Practice and Remedies Code. Enacted by the Texas legislature in 2003. This code governs both the procedures that victims of medical malpractice must follow and limits the recovery of those victims. We often receive inquiries from prospective clients that do not want to file a medical malpractice case; rather they want to file a “negligence case” because they suffered harmed while receiving medical care. It is important to know that healthcare liability involves all causes of action against a health care provider for treatment, lack of treatment or other claimed departure from accepted standards of medical care which causes harm.

The Texas Supreme Court and Courts of Appeals have broadly interpreted this statute to apply to hospitals, physicians, surgical centers, clinics, assisted living centers, nursing homes, etc., and to most harm that occurs in the setting of medical care, even when it does not apparently apply to medical care. We have spoken to many prospective clients who were unaware that their potential cases would be considered healthcare liability cases. We advise moving with caution, because the Health Care Liability Act imposes strict requirements that must be followed.

Filing a Lawsuit

Before a victim of medical negligence case can pursue a case against the healthcare provider, a qualified expert must review the medical records and applicable medical research to write an opinion that notifies the responsible health care provider of the standard of care, how the healthcare provider breached the standard of care, and, often the most complicated factor, how the healthcare provider’s breach of the standard of care caused the harm to the victim. Shortly after a lawsuit is filed, the victim must serve the report on the defendant healthcare provider. If a victim of medical negligence fails to comply with these strict requirements, the trial court must dismiss the lawsuit and award costs from the victim to the healthcare provider.

We understand that what normally compels a person to contact a lawyer is the bad outcome of the medical care. However, a bad outcome is not evidence of medical care that falls below the standard of care. In every case, the defendant healthcare provider will also hire expert witnesses to contradict the victim’s expert witnesses. At Perdue & Kidd, we extensively research our prospective clients’ cases to maximize the likelihood that they will withstand the defense experts’ scrutiny.

The Health Care Liability Act imposes limitations on the amount a victim of medical liability care may recover. Victims sue for the physical pain, mental anguish, physical impairment, and impairments to a person’s life. This includes grief for the death of a loved one and all the changes to anyone’s life a result of either harm to themselves or their spouse or child.   The damage caps are $250,000 for a hospital and all doctors in the same case share $250,000, for a maximum of $500,000. If there is no negligence against any doctors or no negligence against a hospital, the maximum recovery for the human damages is $250,000. The law does not impose damage limitations on economic losses. Such as medical expenses, accommodations, lost earning capacity, and loss of household services.

Experienced Medical Malpractice Lawyers

The issues presented in medical malpractice cases are complex, both legally and medically. The lawyers hired by the hospitals, doctors, and their insurance companies are competent and experienced in the medical/legal issues. It is imperative that victims of medical negligence hire lawyers who specialize in these cases.

If you believe you have been a victim of medical malpractice, give us a call.

We offer free initial client consultations.

Phone: 713-520-2500
Toll-Free: 800-520-1749

The Eleventh Circuit affirmed a federal court’s landmark judgment against Boston Scientific for its unreasonably dangerous pelvic mesh kits. Marketed under the name Pinnacle, four women brought claims after suffering serious personal injuries after the implant. Jim M. Perdue, Jr. was lead counsel in the consolidated trial in Miami, Florida. This trial resulted in a $27 million judgment against Boston Scientific. The company appealed the case to the Eleventh Circuit on multiple issues.

The court of appeals found that Perdue and the trial team had brought more than enough evidence against Boston Scientific of the product’s defects and its causal relationship to the profound injuries suffered by the four women. Some evidence included the fact that Polypropylene degrades ‘when implanted in the female pelvis. Polypropylene, a type of plastic that they used to make the mesh. Also, expert, Dr. Walmsley (qualified as an expert in the field of urology), testified that when treating pelvic organ prolapse with polypropylene mesh, there are “mesh-specific risks”, pelvic pain, erosion, painful activity, and permanent tissue damage, along with a significant risk of subsequent surgery as compared to other prolapse surgical repairs — approximately a “threefold” increase. In cases like these, evidence becomes really important and is not taken lightly.

Perdue & Kidd is proud of this victory on behalf of all women injured by the ugly legacy of transvaginal mesh manufactured by Boston Scientific, Ethicon, C.R. Bard, and AMS. The commitment to try these cases and win, is the essence of what our law firm is about.

Finally, If you or a loved one has suffered a medical device failure please contact the medical device litigation attorneys at Perdue & Kidd for a free consultation.

A recent NBC new story raised serious questions about the safety of Bard IVC filters. The NBC story reports on two tragic stories of Bard IVC filters fracturing and traveling into the patient’s heart. In one case the Bard IVC filter fractured, traveled to the heart, and forced the patient to undergo emergency open heart surgery. In another case, a blood clot dislodged the Bard IVC filter which led to a puncture of the heart and death. Blood clots are exactly what doctors implant the Bard IVC filter to capture and protect the patient from. More troubling, the report points to sources and documents that show disturbing facts.  Rather than fix the Barc IVC filter or remove it from market, CD Bard brought in outside consultants such as a “high powered public relations firm.”

BARD IVC FILTER CASES CONSOLIDATED

Recently 22 Bard IVC filter cases filed in various federal courts across the country were transferred to the United States District Court in Arizona for multi-district litigation (MDL). The presiding judge is the Honorable David Campbell. An MDL is not the same as a class action, but it is similar because it combines similar Bard IVC filter cases for discovery purposes because most cases have similar legal questions that need answers.

These include:

  • Did companies defectively designed IVC Bard filters ?
  • Had these companies test the IVC Bard Filters before marketing them for sale?
  • Had physicians appropriately warned of the risks and benefits of Bard IVC filter implantation?
  • How did the company respond to reported large adverse events?

The Arizona MDL will allow discovery on these issues and will likely oversee several cases tried before an Arizona jury. This will assess the company’s liability and damages to injured plaintiffs. The legal system knows these trials as “bellwether trials.”

Perdue & Kidd has successfully litigated, tried, and won cases against pharmaceutical and medical device companies both within MDLs and individually. Finally, If you or a family member have sustained injuries from a Bard IVC filter call the medical device attorneys at Perdue & Kidd for a free and confidential case evaluation.

Contact Us. We Can Help.