Texas Injury Lawyers Blog

Published on: February 4, 2022

Paraquat and Parkinson’s Disease

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What is Paraquat? Paraquat, also known as Gramoxone, is an herbicide primarily used for weed and grass management. However, According to the CDC (Centers for Disease Control and Prevention), It is a toxic chemical. The CDC also states that the highly poisonous herbicide marketed to the United States has safeguards such as a blue dye, a sharp odor, and an added agent that induces vomiting if ingested. These safeguards are in place to warn potential users of its toxicity. Because this herbicide is so toxic and can lead to fatal poisoning, only licensed professionals can use it.

Why is Paraquat Used? The herbicide kills weeds and unwanted grasses because of its incredible effectiveness, which is why, in the United States, commercial farmers and agricultural workers have used this product to control their land’s unruly weeds and grass since 1964. Before harvest, it also is used as a defoliant on crops, such as cotton. There are many uses for this herbicide, but unfortunately, the consequences can be fatal.

How can you get poisoned by Paraquat? Acute poisoning can occur because of accidental ingestion, inhalation, or skin exposure by an individual. It can cause damage to the lungs, intestines, stomach, and mouth when ingested in small amounts, while in large quantities, it can damage multiple organs and lead to death within hours. The most common way of getting poisoning from this herbicide is by accidentally ingesting it. Unfortunately, there is no antidote after getting poisoned by this toxic chemical.

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Published on: January 5, 2022

Similac and Enfamil Face Lawsuits over Defective Baby Formula

By Carabin Shaw

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In premature infants, both Enfamil, a baby formula manufactured by Mead Johnson, and Similac, a baby formula manufactured by Abbott Laboratories, can cause necrotizing enterocolitis (NEC). This gastrointestinal condition, necrotizing enterocolitis (NEC), is severe and causes intestinal tissue death. It may even be fatal in as many as 50% of cases. In addition, the intestinal inflammation caused by this horrible condition may cause holes in the intestine. It is even possible for bacteria from the intestinal tract to leak into the abdomen or blood, causing severe illnesses or deadly blood infections. The condition can also cause severe health issues like sepsis, intestinal strictures, developmental problems, and cerebral palsy.

A study in Lancet, 1990, found that this horrendous condition NEC was up to 10 times more likely in premature infants given formula. In recent years, several studies have linked cow’s milk-based formula to an increased risk of NEC in premature infants, based on cases filed against baby formula products.

Similac and Enfamil manufacturers are facing lawsuits from parents because they were aware or should have been aware that their baby formula products could cause necrotizing enterocolitis (NEC) in premature infants. In addition, these companies did not warn parents or medical providers about the risk. According to the parents who sued, Enfamil and Similac failed to indicate that NEC is a possible side effect of their baby formulas or provide proper instructions or guidelines on using the product. As an added concern, these companies marketed their baby formula products as safe and beneficial for premature infants despite potential risks.

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Published on: January 4, 2022

What is Necrotizing Enterocolitis?

By Carabin Shaw

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You might be wondering what Necrotizing enterocolitis or NEC is. It is a common and severe intestinal condition among premature infants. It occurs when tissue in the large or small intestine is injured or inflamed. When the tissue gets damaged or inflamed, it may lead to the death of intestinal tissue and, sometimes, a hole (perforation) in the intestinal wall.

When an infant has NEC, the intestine can no longer hold waste. This may cause bacteria to find their way into the bloodstream and cause a deadly infection. In addition, waste could potentially enter into the infant’s abdomen and cause the infant to get critically ill. Because of all the damage sustained to the intestines, sections may die and need to get removed.

Symptoms of this potentially deadly disease include but are not limited to an unstable and low body temperature, apnea (pauses in breathing), being lethargic or less active, constipation, trouble feeding, and diarrhea.

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Published on: January 4, 2022

Fatalities on Texas Roadways

By Carabin Shaw

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Here at Carabin Shaw, we are concerned about making Texas roads safer and our state an even better place to live. Kxan reports that in Austin, “On average, more than 11 people have died each day in traffic-related accidents on Texas roadways in 2021, state transportation leaders said Thursday. Each of these deaths has contributed to the state’s nearly 21-year streak of at least one traffic death per day.”

Bob Kaufman, the Texas Department of Transportation chief communications officer, stated. “We have a real crisis in our state,”

On Thursday, in a conference, the Texas Department of Transportation officials (DOT) broke down avoidable components that have given rise to more than two decades worth of traffic fatalities. The Texas Department of Transportation official, Michael Chacon, stated on Thursday that there were 3,556 fatalities statewide in 2021. In 2020, 3,896 individuals lost their lives in fatal traffic accidents in Texas. The total deaths figure was the highest it’s been in almost 30 years.

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Published on: January 2, 2022

Toxic Baby Formula Causes Birth Defects in Premature Infants and Newborns

By Carabin Shaw

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Bringing new life into the world is one of the most joyous occasions an individual can experience. When someone becomes a parent, the world changes instantly and all prior priorities fade. That means that when something tragic happens to a baby, the pain is beyond description.

In recent years, several baby formulas have been linked to birth defects, especially in premature babies. One of the most commonly developed conditions is a serious gastrointestinal illness known as Necrotizing Enterocolitis [NEC]. According to the U.S. National Library of Medicine, 40% of babies with NEC die from it.

If your child is suffering from NEC, you may be eligible for a baby formula lawsuit. It is vital to contact the Carabin Shaw NEC attorneys as soon as possible.

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Published on: September 14, 2021

The Costly and Preventable Aftermath of a Texas Car Accident

By Carabin Shaw

According to the Centers for Disease Control (CDC), motor vehicle accidents are the leading cause of injury in the country. Most Texas car accidents are preventable, and negligent drivers are responsible for these incidents’ harmful and expensive aftermath. The CDC explains that Americans spend over 1 million days in the hospital each year from accident injuries. Further, the most recent data suggests that crash injuries totaled nearly $18 billion in lifetime medical expenses. The majority of these costs occur during the first year and a half following an accident injury. Moreover, these injuries cost approximately $33 billion in lifetime work lost.

As the data suggests, Texas car accidents can cause significant financial, medical, and emotional damages to all parties involved in the accident. People’s pain tolerance and emotional tolerance vary significantly between individuals, and while some people may immediately feel the effects of an accident, others may not. In some cases, adrenaline will prevent a person from fully realizing the impact of the accident. In those situations, a person may not fully appreciate the extent of their physical or emotional trauma until after the accident.

Some Texas car accident injuries are readily apparent at the time of the accident; however, many appear sometime after the incident. Car accident victims and their loved ones should be aware of warning signs after a collision. Some warning signs after a car accident are dizziness or nausea, confusion and disorientation, unexplained bleeding, numbness, and stiffness in the neck or other joints.

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Published on: August 25, 2021

Houston Astros Settle Case Following Foul-Ball Injury

By Carabin Shaw

In many situations, those who suffer injuries at a public location because of another’s negligence may claim recovery under Texas’ premises liability laws. However, like most tort laws, premises liability is rife with exceptions and immunity clauses. The exceptions largely hinge on the classification of the property or business owner and the injury victim. As such, these cases tend to be complex and require an extensive understanding of Texas negligence laws.

Premises liability cases stemming from sporting events, such as baseball games, prove challenging for many accident victims. While many spectators bring a baseball glove in the hopes of catching a foul ball, many do not realize the dangers of a foul ball. However, the Major League Ball (MLB) assumes that spectators understand the potential risk of being struck by a foul ball.

In many situations, spectators can catch a foul ball or avoid serious injuries; however, the force of a foul ball slamming into an unsuspecting fan’s head can have a devastating impact. Spectators can suffer traumatic brain injuries, bruising, broken facial bones, skull fractures, and similar injuries. A foul ball could even kill a spectator. For example, the parents of a young child who was hit by a foul ball at a Houston Astros game finally settled with the team.

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Published on: August 23, 2021

Texas Negligence Lawsuit Against Outdoor Expedition Company

By Carabin Shaw

Recently, an appellate court issued an opinion in an accident lawsuit involving a Texas resident. The victim’s joined his church group on an out-of-state wilderness expedition trip. The church hired a company to arrange the group’s activities. The company required the participants to complete a “registration form” and “medical form.” On the first day of the trip, the victim participated in a rappelling course. However, during the course, he became inverted, fell, and died. The victim’s wife filed a lawsuit against the rappelling company.

In response to the lawsuit, the company moved for summary judgment arguing, amongst several issues, that Texas law did not apply to the case. Cases involving Texas residents suffering injuries in another state can pose many challenges to plaintiffs. The law provides that in diversity actions, the court should apply the conflict-of-laws rules of the forum state. This also applies in contract language dispute matters.

In this case, Texas laws require liability releases to be “adequately conspicuous,” which is a stricter standard than Colorado law. As such, the plaintiff contended that because her husband signed the release in Texas, Texas law should apply. However, the magistrate judge concluded that Colorado law controlled the matter. On appeal, the appellate court explained that Colorado law applies because diversity actions require courts to apply the conflict-of-laws rules of the forum state.

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Published on: August 17, 2021

Nearly 60 Percent of Child Car Seats Are Misused and Dangerous

By Carabin Shaw

San Antonio, Texas: It’s back to school and back on the roads in Texas, make sure your children are safely buckled up or strapped in for trips in the car.

Motor vehicle crashes are a leading cause of death among children. While most people believe their children are properly buckled up, the National Highway Traffic Safety Administration (NHTSA) points out that 59% of all car seats are misused. The best way to keep young children safe in your vehicle is to make sure they’re properly buckled up in a car seat. That means selecting a car seat that’s appropriate for a child’s age and size and installing it correctly.

“We encourage parents to take advantage of car seat safety checks available during Passenger Safety Week (September 19-25^th). With proper car seat, car seat installment, and seat belt placement, children are far safer during a motor vehicle collision,” said Carabin Shaw Attorney Carla Dixon. “Knowing the guidelines for height and weight for your children is also extremely important to ensure your child is in the proper car seat or booster seat. Serious injuries can be greatly reduced as well if we place children rear-facing car seats until ages 2-4.”

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Published on: August 10, 2021

Texas Acid Leak Kills Two Employees and Injures Many Others

By Carabin Shaw

Recently, two employees died, and 30 others suffered injuries after a chemical leak at a LyondellBasell Industries (LBI) plant in Texas. The company is one of the largest plastics, chemicals, and refining companies in the world. The Texas company boasts that its chemicals have provided modern ways to enhance food and water safety worldwide.

According to a recent news report, the chemical leak involved acetic acid, which is a common food preservative used to make vinegar. The blast occurred around 7:30 in the evening when a cap burst on a line of acetic acid. Acetic acid is a clear, flammable liquid whose vapor can be corrosive to the eyes and skin. The burst released approximately 100,000 pounds of an acetic acid chemical mixture into the air. In addition to acetic acid, the burst released hydrogen iodide and acetate. The combination of these chemicals can be toxic and cause severe burns. Emergency responders and investigators are still investigating the accident; however, they do not believe that an explosion or fire caused the leak.

Chemical leaks such as the one at the Texas plant can be toxic and deadly to anyone in the vicinity. Chemical spills and leaks often occur because of negligence surrounding safety regulations, equipment, or employee training. Companies should make sure to properly train their employees and workers to ensure that they understand how to prevent spills and mitigate harm if a spill does occur. However, many companies prioritize economic gain over employee and community welfare. When this occurs, the companies may pressure workers to complete tasks in an unreasonable amount of time. This can naturally result in workers cutting corners to meet production deadlines.

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Texas Injury Lawyer Blog