Paris, TX

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Michael Mosher

About Michael Mosher

Mike Mosher was born and raised in El Paso, Texas and graduated with honors from the University Of Texas Law School in 1981. He began his law practice in New York City with the law firm of Kaye, Scholer, Fierman, Hays and Handler. After several years at Kaye Scholer, he returned to Texas in 1990 and started his own firm. In 1992, he moved his home base to Paris, Texas where he has remained ever since.

 

Mike Mosher won the first case ever to go to trial against the Upjohn Company that involved the drug Halcion in 1992. The case was known as Freeman v. Upjohn in Dallas, Texas - Mr. Mosher represented Bill Freeman, who was a former police officer who had been convicted of 1st degree murder of his best friend. In the Upjohn case, Mr. Mosher established that Freeman's actions had been caused by the drug Halcion. Afterwards, the jury awarded his family $1.9 million dollars*.

 

Since then, Mr. Mosher has represented plaintiffs in numerous cases all over the United States against doctors and drug companies where the injuries were caused by psychiatric drugs. He has 30 years of experience with courts throughout the entire US. Mr. Mosher has tried cases in Georgia, California, Arizona, Texas, and Pennsylvania and specializes in complex litigation.

Mr. Mosher has an extensive background in pharmacokinetics, the adverse reactions of various drugs as well as the proper administration of each psychotropic drug including anxiolytics (eg. Xanax, Ativan, Klonopin), hypnotics (Halcion, Dalmane, Restoril), stimulants (eg. Ritalin, dexedrine, Adderall), anticonvulsants (eg. Tegretol, Depakote, Neurontin), antidepressants (eg. all the SSRIs, Effexor and the tricyclic antidepressants), and neuroleptics, (eg. Zyprexa, Risperdal, Seroquil, Abilify).

 

In 1998, Mr. Mosher won a $3 million dollar verdict against a WalMart Pharmacy in Austin, Texas on behalf of the family of Cameron Pettus, who had been prescribed desipramine for supposed ADHD. Cameron developed a hypersensitivity reaction and died shortly afterwards. The prescribing doctor and all the other defendants, except WalMart, accepted responsibility and settled - only WalMart refused. Mr. Mosher and the family of Cameron Pettus did not accept WalMart's arrogant refusal to claim any responsibility for what had happened and WalMart found themselves pending for litigation. The jury agreed with the family and awarded them a $3 million dollar verdict against WalMart*.

 

Mr. Mosher has also settled numerous cases against doctors and drug companies involving illnesses and damage due to addiction via the use of Xanax, Klonopin and other benzodiazepines as well as injuries resulting from SSRIs.

 

CURRENT PRACTICE:

Mr. Mosher has successfully sued drug companies, along with doctors, in the context of child custody actions and has also defended those accused of crimes committed while under the effects of psychoactive drugs.

 

While Mr. Mosher has extensive knowledge of psychiatric drugs, his practice is not limited only to medical malpractice. He has also litigated and won medical malpractice cases against doctors involving misdiagnosis of a variety of illnesses and medical conditions. Accident cases involving defective products not limited to automobiles have been won as well.

 

Mr. Mosher accepts cases throughout Texas involving any kind of litigation, from criminal cases and civil cases to family law cases. He uses his skills and knowledge to seek justice for each and every one of his clients.

 

If you have a meritorious claim and are seeking justice, call The Mosher Justice Center of Paris, TX.

* All clients should be aware that there are always risks to any large judgment. Defendants always appeal, and Texas is an especially risky place to hold on to large judgments. A larger percentage of plaintiffs’ verdicts are reversed by the Texas Supreme Court than by any other state supreme court in the USA. The judgment against Upjohn and the judgment against Walmart were both later reversed on appeal. In the Upjohn case, the Chief Judge of the Dallas Court of Appeals dissented and was highly critical of the result oriented decision of the Court of Appeals, but the reversal still remained. See Freeman v. Upjohn, 885 S.W. 2nd 538, 551 (Tex. App. Dallas, 1994).

 

As far as Walmart goes, the attorney representing Walmart told me shortly after the verdict that no judgment against Walmart would survive appeal because “the Supreme Court of Texas takes care of Walmart.” He wasn’t kidding. No verdict against Walmart in the last 15 years has ever survived the Supreme Court of Texas. However, in both the Walmart and Freeman cases, settlements were reached with other defendant’s before trial so that the plaintiffs were compensated - although not to the degree that I believe they should have been.

 

A client should seriously consider settling the case if the defendant makes a reasonable offer of settlement - settlements are never reversed. I have settled hundreds of cases on behalf of clients, including drug-related cases in amounts between $10,000 and $1,875,000 - and each of those clients was compensated in a matter of weeks after the settlement. Even when judgments are not overturned on appeal, clients often wait for years after the trial to finally receive their compensation.

 

In each of the aforementioned settlements, the client’s net was after attorney’s fees and costs were calculated. The percentage for attorney’s fees is typically 40% of any recovery and the costs can also be significant when litigation is protracted and several experts are involved. In any drug company case or medical malpractice case, one could expect the costs to run anywhere from $10,000 all the way up to $100,000. For instance, in the $1,875,000 settlement used as an example above, the attorney’s fees were around $750,000 and the costs were $43,000. The clients’ names will not be used here because the settlement was confidential.

We will fight for your rights!

The Mosher Justice Center will handle your legal matters effectively.

 

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