Texas Injury Lawyers Blog

Published on: September 22, 2013

Pedestrian Fatality Rates for the State of Texas and Various Texas Cities Grim

On average, a pedestrian is killed every two hours and injured every eight minutes in traffic crashes. In fact, in 2011, pedestrian deaths accounted for 14% of all traffic fatalities and made up 3% of all people injured in traffic crashes in the United States. According to data from the National Highway Safety Administration (NHTSA), there were 4,432 pedestrian fatalities reported in 2011 due to traffic accidents, an 8% increase since 2009. An estimated 69,000 pedestrians were also injured in traffic crashes. Additionally, the 2011 report by the NHTSA also revealed the following:

• 3 out of every 4 pedestrian deaths occurred in urban areas
• 70% of those killed were at non-intersections
• 70% of pedestrian deaths occurred at night
• Alcohol involvement–either for the driver or the pedestrian–was reported in 48% of all fatal pedestrian crashes
In an effort to combat the rising number of deaths over the last two years and educate communities on safety measures, the U.S. Transportation Secretary Anthony Foxx announced a new campaign, “Everyone is a Pedestrian,” in August 2013. Besides providing grants to the cities with the highest rate of pedestrian deaths, the NHTSA, together with the Federal Highway Administration (FHWA), launched a website with safety tips and resources for local leaders, officials, parents and other involved in improving pedestrian safety.

Notably, according to the NHTSA, the State of Texas is one of 22 cities in the U.S. where pedestrian deaths are greater than the national average, making Texas eligible to apply for a total of $2 million to be used for education and enforcement initiatives under the campaign. Indeed, Texas pedestrian fatalities account for 14% of the total traffic fatalities in Texas. Unfortunately, at the same time, the Texas cities of San Antonio, Austin, Fort Worth, Houston, and Dallas were also selected by the FHWA in 2011 as focus cities. Focus cities are selected based on the number of pedestrian fatalities or the pedestrian fatality rate per population. More specifically, cities are selected as pedestrian focus cities if they have more than 20 average annual pedestrian fatalities or a pedestrian fatality rate greater than 2.33 per 100,000.

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Published on: September 22, 2013

Stadium Safety Issues Emerge Again after Another Season of Football Begins

By Carabin Shaw

On September 8, 2012, opening weekend of football for the NFL, a spectator fell to his death at San Francisco 49ers stadium while attending the game. The spectator fell to his death from a pedestrian walkway outside of the stadium. Multiple witnesses told police that the victim appeared to be intoxicated at the time of his fall. That very same weekend, two fans were injured when a railing collapsed inside Lucas Oil Stadium, home of the Indianapolis Colts, during a Colts game against the Oakland Raiders. Luckily, neither of these fans were seriously injuries. Unfortunately, however, these incidents are just the latest in a series of deaths and injuries at sports stadiums across the United States over the past several years.

Recent Accidents

According to the Institute for the Study of Sports Incidents, based at the University of Southern Mississippi, since 2003 there have been more than two-dozen cases of fans falling at stadiums across the country. On August 13, 2013, an Atlanta Braves fan was killed at Turner Field in Atlanta after falling 85 feet from a fourth-level railing of the stadium onto a parking lot below. In addition, during a pre-season NFL football game this year, a Denver Broncos fan was injured when he fell 10 feet from an escalator. Finally, at Rangers Ballpark in Arlington, Texas in 2011, a spectator fell to this death from the left-field seats after trying to catch a ball tossed towards him.

Premises Liability

In addition to complying with local and states laws, all stadiums must also comply with the strict safety guidelines instituted by the International Building Code, which has been adopted by all 50 states and the District of Colombia. Among the guidelines are various railing requirements, including calls for railings in front of seats to be at least 26 inches high, and a requirement that protective railings placed in open-sided areas such as concourses be at least 42 inches in height.

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Published on: September 13, 2013

Recent Recalls Affecting Infants and Young Children in Texas and Elsewhere

By Carabin Shaw

Every year thousands of infants sustain injuries or are wrongfully killed by dangerous and defective products. In addition, deaths, injuries and property damage from consumer product incidents in general cost the nation more than $900 billion annually. Unfortunately, many of these injuries are caused by the negligence or recklessness of manufacturers and distributors, meaning that many of these injuries and deaths could be avoided.

Infants are particularly vulnerable to dangerous and defective products, including but not limited to toys, clothing, and even drugs. According to a 2011 report produced by the U.S. Consumer Product Safety Commission (CPSIA), among children younger than 5 years of age, there were an estimated 74,100 emergency department-treated injuries, associated with, though not necessarily caused by, nursery products in 2011. In addition, for the 3-year period from 2007 through 2009, the Consumer Product Safety Commission (CPSC) received reports of 341 deaths, associated with, but not necessarily caused by, nursery products among children younger than age 5. Several recalls relating to products used by infants have been reported in the past few months, including but not limited to the following:

HALO SleepSacks Recalled

On August 21, 2013, the CPSC issued a recall of approximately 27,000 HALO SleepSacks Wearable Blankets sold exclusively at Babies R Us and babiesrus.com from December 2011 through July 2013. Citing a risk of a choking hazard to infants, the CPSC advised consumers to stop using the product immediately. The recall was issued after the CPSC received six separate reports of a pink satin flower on the blankets becoming detached from the blankets. In one case, the report complained that an infant was discovered gagging on the detached petal.

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Published on: September 12, 2013

After Influx of Recent Cases of Brain-Eating Amoeba Reported, CDC Expands Access to Experimental New Drug

By Carabin Shaw

On September 7, 2013, a child (believed to be a 4-year old boy from Mississippi) died after contracting a rare, but deadly, brain-eating infection while visiting Louisiana. The boy may have come into contact with the waterborne brain-eating amoeba, known doctors as scientist as Naegleria fowleri, while playing on a plastic toy water slide at a home in St. Bernard’s Parish, Louisiana. According to the Louisiana Department of Health and Hospitals, water samples taken from the home the child was visiting tested positive for amoeba.

Unfortunately, this was not the only story of a child becoming infected with the brain-eating amoeba reported recently. On August 3, 2013, a 12-year old South Florida boy was knee-boarding in ditch water in Glades County, Florida when he contracted primary amebic meningoencephalitis (PAM), the infection caused by the Naegleria fowleri amoeba, through his nose. Although antibiotics successfully fought off the infection, the boy suffered extensive brain damage, which left him on life support. The boy passed away on August 27, 2013. Finally, in July 2013, a 12-year old became ill after contracting the brain-eating parasite at a waterpark in Arkansas. However, she is one of the few individuals who managed to survive the infection after being treating with the experimental drug miltefosine, and was released from the hospital on September 11, 2013.

Despite the recent occurrences of infections, officials from the Center for Disease Control and Prevention (CDC) report that only 128 people have been infected with PAM from 1962 to 2012. Of these 128 people, only two people in North America survived. In the future, this survival rate may increase as the CDC recently expanded doctors’ access to the experimental new drug, miltefosine, to treat deadly viruses, including PAM. Although used to treat another parasitic infection called leishmaniasis, and sometimes breast cancer, the drug was previously only used in emergency situations with permission from the FDA to treat PAM.

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Published on: August 18, 2013

The Summer of 2013 Has Not Been Kind to Airplane Safety

By Carabin Shaw

Although air travel is typically one of the safest ways to travel, when accidents happen they are often deadly. According to the Aviation Safety Network, 2012 was the safest for the airline industry, with only 23 deadly accidents and 475 fatalities worldwide. However, 2013 may not prove to be as safe. On August 14, 2013, the pilot and co-pilot of a large UPS cargo plane were killed when the plane crashed and burst into flames during its approach to the airport Birmingham, Alabama. Response teams with the U.S. National Transportation Safety Board (NTSB) were immediately called to the scene. According to the NTSB, a flight recorder revealed that the pilots received warnings about their rate of descent just seconds before impact.

At the time of the crash, the plane was being flown by the captain, who had 8,600 hours of flight experience, including 3,200 hours in an A300, the type of plane involved in the crash. Notably, the pilots were attempting a landing on Runway 18, which can be a tricky runway, even for the most experienced pilots. Due to the fact that there is a large hill and trees at one end of the runway, the runway lacks the electronics for a full instrument landing, which forces pilots to make judgments about altitude on a shorter runway. In addition, fatigue could have also played a role in the accident. Preliminary information indicates that the pilots began working at 9:30 p.m. in Rockford, Illinois the night before the crash. At the time of the crash shortly before 5:00 a.m. local time, the pilots were completing their third flight of the night.

This crash comes in the wake of several other plane crashes in the United States over the past several months. On July 6, 2013, three people were killed, and 180 injured when Asiana Airline Flight 214 clipped the seawall on the runway at San Francisco International Airport. Notably, one of three individuals killed survived the plane crash only to be run over by a rescue vehicle in the aftermath of the crash. On August 12, 2013, Asiana Airlines revealed that it is paying $10,000 to each of the passengers aboard Flight 214, exclusive of medical compensation. Even those individuals who were not injured can receive the money, and those passengers who collect money can still file lawsuits against the airline.

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Published on: August 17, 2013

Texas A&M Construction Accident Highlights Dangers faced by Construction Workers in Texas

By Carabin Shaw

Construction projects can be dangerous and can be the result of faulty machinery, inexperience, lack of safety measures, and weather, among other factors. Notably, the construction industry in Texas not only employs nearly 600,000 Texans, but it also contributes $9.2 billion in wages. Unfortunately, construction workers face some of the most deadly working conditions in the country. According to the Bureau of Labor Statistics, 715 construction-related deaths were recorded in the U.S. in 2010, and 138 of these deaths occurred in Texas.

In June 2013, four workers were hurt, three critically, after a barn frame collapsed at a Texas A&M University equestrian complex that was under construction. According to a Texas A&M spokesman, the collapse took place on university property about a mile from the main campus. The National Weather Service reported that conditions at the time of the collapse were cloudy with temperatures in the mid-80s and winds gusting just above 10 mph, indicating that weather was likely not a factor.

This accident is just one of many accidents involving construction workers taking place across Texas. According to the Houston Chronicle, Texas leads the nation in the rate of construction worker fatalities. Although federal and state regulations provide some protections to construction workers and their families, there is still more that can be done. Even though workers injured on the job are supposed to recover lost income via workers’ compensation, in at least 60% of work-related fatalities in Texas, no benefits from workers’ compensation are paid. In fact, according to data from the Texas Department of Insurance, this number is even higher for construction workers. Additionally, Texas is currently the only state in the United States that does not require workers’ compensation for private employers.

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Published on: August 17, 2013

The U.S. Department of Transportation Eliminates Truck Safety Inspection Report Requirement, While Enhancing Other Federal Safety Rules

By Carabin Shaw

On August 1, 2013, the U.S. Department of Transportation (“USDOT”) Secretary Anthony Foxx announced a proposal to eliminate the daily paperwork requirement for professional truck drivers. The move, which follows on the heels of the Federal Motor Carrier Safety Administration’s (FMCSA) elimination of a similar requirement for truck drivers operating intermodal equipment trailers used for transporting containerized cargo shipments in June 2012, is expected to save the industry an estimated $1.7 billion annually.

Currently, federal regulations require commercial truck drivers to conduct both pre-and post-trip equipment inspections. In addition, drivers must also file Driver Vehicle Inspection Reports (DVIRs) after each inspection, regardless of whether or not an issue requiring repairs is identified. According to the news release issued by the USDOT, under the proposed change, though commercial truck drivers would be required to continue conducting pre- and post- trip inspections, the truck drivers will no longer need to file DVIRs if their daily inspections do not yield any defects. Therefore, government officials, including Secretary Foxx, note that the proposal is a “win-win” because it simultaneously reduces the paperwork burden, saves the industry billions of dollars, and maintains the USDOT’s commitment to safety.

While the trucking industry is pleased with the elimination of the safety inspection report requirement, the industry is not as pleased with other recent changes. More specifically, on July 1, 2013,the FMCSA’s Hours of Service Final Rule took full effect. The new regulation is designed to improve public safety by reducing truck driver fatigue. Notably, only commercial motor vehicle (CMV) drivers are required to follow this new final rule. Generally, a CMV is a vehicle that is used as part of a business and is involved in interstate commerce and fits at least one of several other factors relating to gross vehicle weight, the transportation of passengers, and/or the transportation of hazardous materials.

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Published on: August 16, 2013

Taylor Farms de Mexico Ceases Shipments of all Salad Mixes to the U.S. in Response to Recent Cyclospora Outbreak

By Carabin Shaw

On August 12, 2013, Taylor Farms de Mexico officially informed the U.S. Food and Drug Administration (“FDA”) that it had voluntarily suspended shipment of all salad mixes, including iceberg lettuce, romaine lettuce, green leaf lettuce, red cabbage, green cabbage, and carrots from its operations in Mexico to the United States, as of August 9, 2013. Taylor Farms de Mexico will not resume shipments or production of these products from its operations in Mexico until it receives FDA approval. In the meantime, officials from the FDA and Taylor Farms will conduct an environment assessment of the Taylor Farms processing facility in Mexico to determine the probable cause of the outbreak.

Taylor Farms de Mexico is a division of the California-based produce supplier Taylor Farms whose greens go to various restaurant chains, including Olive Garden and Red Lobster. Notably, it is believed that these products have not been sold directly to consumers. According to NBC News, Taylor Farms de Mexico is responsible for shipping salad mixes tainted with parasites that have sickened hundreds of individuals in Nebraska and Iowa. At this point, the FDA and Center for Disease Control (“CDC”) are still investigating whether Taylor Farms’ bagged salad is also tied to the cyclospora outbreak that sickened more than 535 individuals nationwide in 18 states, including Texas, over the past several months. In fact, as of August 12, 2013, there were 215 cyclospora outbreak cases reported in Texas alone. Unfortunately, unlike the outbreaks in Nebraska and Iowa for which health officials have traced the source of the outbreak, authorities in Texas have failed to find a common source for the sickness thus far.

According to the FDA, cyclospora is a parasite too small to be seen without a microscope that causes an intestinal infection called cyclosporiasis. The cyclospora parasite is acquired by the ingestion of food or water contaminated with the cyclospora parasite. Since cyclospora needs days, and sometimes even weeks, after being passed in a bowel movement to become infectious for another person, it is unlikely that it will be passed to individuals that have not directly ingested the parasite. Symptoms include watery diarrhea, fatigue, loss of appetite, abdominal cramps and fever.

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Published on: July 29, 2013

Texas Firefighters and Their Risk of Asbestos Exposure

By Carabin Shaw

Asbestos is the commercial name given to a variety of six naturally-occurring fibrous minerals. Because these minerals possess high tensile strength, flexibility, and resistance to heat, electricity and chemicals, asbestos was used in many buildings and other structures throughout the 1900s. After discovering that asbestos was a carcinogen, the U.S. government began to ban the use of asbestos in products. Unfortunately, even though asbestos has been banned for most uses since the 1980s, many buildings still contain asbestos.

According to the National Institute for Occupational Health and Safety (NIOSH), more than seventy-five occupational groups are known to have exposed workers to asbestos. Yet, when people think of asbestos exposure, they usually think of individuals involved in the fields of construction, mining, drilling or mechanics, while often overlooking the risk exposure presents to firefighters. However, considering that firefighters and other first responders are often required to enter old structures that are either on the verge of collapsing or on fire, every time a firefighting operation involves a fire in a home or building that contains asbestos, there is a high probability that potentially deadly fibers will be released into the air.

Indeed, throughout the 20th century, asbestos was used in thousands of construction, commercial and household products, including, but not limited to, fire retardant coatings, insulation, pipes, drywall, flooring, roofing and sealants. In 2010, the NIOSH and the U.S. Fire Administration launched a multi-year study to examine whether fire fighters have a higher risk of cancer, including mesothelioma, due to job exposures from smoke, soot, and other contaminates, like asbestos. Although results will not be communicated to firefighters and the public until 2014, the existence of the study emphasizes the concerns of excessive rates of cancer among the 1.1 million volunteer and career fighters in the United States.

In addition to being exposed to asbestos products in building materials, firefighters are also exposed to asbestos through their protective clothing and even at fire stations. Since firefighters have to withstand high levels of heat, their clothes were made to also withstand high heat. As a result, from the 1930s to the 1970s firefighter helmets, pants and boots were made with asbestos. Even today, some firefighter clothing contains small quantities of asbestos. Similarly, dust from firefighter gear can build up in the fire station posing yet another risk for asbestos exposure among firefighters.

Notably, Texas is among the states with the highest employment of firefighters. At the same time, according to the Texas Department of Health Services, asbestos is present in over half of the state’s public buildings. Luckily, Texas has various programs in place to help protect against the risk of asbestos exposure. The Texas Department of Health Services’ Asbestos Program provides direct services to prevent occupational and environmental diseases through the identification, evaluation and control of asbestos health hazards. Additionally, The Texas Asbestos Health Protection Rules (TAHPR) requires that a person be appropriately licensed or registered to engage in asbestos abatement or any asbestos-related activity.

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Published on: July 25, 2013

Legal Update on Transvaginal Mesh Cases Nationwide

By Carabin Shaw

Transvaginal mesh devices are designed to treat pelvic organ prolapse (POP) and stress urinary incontinence (SUI). According to the Food and Drug Administration (FDA), in 2010, of the 300,000 women who had surgery for POP, 1 in 3 used transvaginal mesh devices. At the same time, of the 260,000 women who underwent surgery for SUI in 2010, 80% involved transvaginal mesh.

Unfortunately, many women have suffered an array of injuries as a result of the use of these devices. More specifically, there are more than 3,600 cases against transvaginal mesh manufacturer CR Bard, Inc.’s Avaulta alone in the United States. Notably, Bard is not the only transvaginal mesh company being sued. Other companies named as defendants in suits nationwide include American Medical Systems, Johnson & Johnson, and Boston Scientific Corp. In total, one judge has been assigned to manage nearly 23,000 cases involving these companies, among others. In these cases, women allege that erosion of the mesh products caused intense pain, infection, organ damage, made sexual intercourse painful and caused women to have to undergo additional surgical procedures to remove the mesh products.

Many of these cases have been consolidated in the Multidistrict Litigation Court in U.S. District Court in the Southern District of West Virginia. One such of these cases is Cisson v. Bard, Inc. In Cisson, the plaintiff alleges that Bard executives ignored warnings from the company that manufactured the plastic placed in the devices that the plastic should not be permanently implanted in people. The Cisson trial, however, which began in early July 2013, was declared a mistrial after only two days of trial after a witness disobeyed the court’s order and testified about the devices’ marketing.

Meanwhile, according to Reuters, in June 2013, Endo Health Solutions, which owns American Medical Systems, Inc., agreed to pay more than $54.5 million to settle thousands of lawsuits in North America alleging its vaginal-mesh implants eroded and caused women pain. In addition, two women have received sizable verdicts after suing mesh manufacturers for their injuries. First, in July 2012, a California woman and her husband who sued C.R. Bard were awarded $5.5 million by a jury after she was forced to undergo nine revision surgeries. Next, in February 2013, a New Jersey woman won $11.1 million in her lawsuit against Johnson & Johnson’s Ethicon brand over its vaginal mesh product. In that case, the plaintiff underwent eleven surgeries.

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