Texas Injury Lawyers Blog

Published on: October 22, 2012

Social Security Administration Announces 1.7 Percent Cost-of-Living Increase for Disabled Americans in Texas and Throughout Nation

The United States Social Security Administration (SSA) has announced it will implement a 1.7 percent cost-of-living increase in 2013. The Agency stated the payment boost will result in an increase in the average monthly retirement benefit of $21 and the average monthly disability benefit of $19. This means disabled Americans will receive an average of $1,132 per month beginning next year. Additionally, the monthly benefit payment for Supplemental Security Income (SSI) recipients will increase by $12 to $710.

The benefit increase will reportedly affect several other aspects of the Social Security Disability Insurance (SSDI) and SSI programs in 2013. The substantial gainful activity cap for both SSDI and SSI beneficiaries will increase by $30 per month for individuals who are not blind and $50 per month for those who are blind. This means disabled Americans can earn more through part-time work before their monthly benefit check is impacted. Meanwhile, the trial work period, or amount of compensation a disabled individual may earn in any nine month period prior to losing his or her disabled status, for SSDI recipients will increase by $30 per month. In 2013, the SSI student exclusion monthly limit will also increase by $30 and the annual limit will increase by $120.

The federal SSI program was added to the nation’s Social Security program in 1972 in order to provide additional income to blind, disabled, and aged Americans based on financial need. To qualify for SSI, an individual may not have more than $2,000 in assets, and a couple may not have more than $3,000 in assets. In addition to financial compensation, disabled individuals who receive benefits pursuant to the SSI program may receive job counseling and training at no cost.

The SSDI program offers financial support to injured or disabled Americans who are unable to work for at least one year. In addition, SSDI beneficiaries are entitled to receive federal health care benefits like Medicare or Medicaid. Before a disabled individual may collect SSDI benefits, however, he or she must have earned wages at some point. Unfortunately, applying for SSDI benefits can be both frustrating and time consuming. If you have a physical or mental disability that has left you unable to work, you should discuss your situation with an experienced Texas social security disability lawyer today.

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Published on: October 21, 2012

23 Banana Boat Spray-On Sunscreen Products Recalled Over Fire Risks in Texas, Nationwide

By Carabin Shaw

The makers of Banana Boat sunscreen recently issued a voluntary recall of approximately 500,000 bottles of continuous spray-on canisters after at least five individuals allegedly caught fire while using the products. According to reports, Banana Boat UltraMist Sport, UltraMist Ultra Defense, and UltraMist Kids SPF 30 and SPF 50 may ignite if a consumer nears an open flame or other spark before the product fully dries. In response to safety concerns, the maker of Banana Boat products, Energizer Holdings Company, reportedly removed a total of 23 products from store shelves on October 19th. Additionally, the company urged anyone who has purchased the recalled products to immediately stop using them. The current recall does not apply to Banana Boat lotions which apparently contain fewer chemicals that may ignite when exposed to an open flame.

All five of the alleged consumer burn injuries occurred within the last year. Four Americans and one Canadian were reportedly injured as a result of using Banana Boat spray-on products. Following an internal investigation, Energizer Holdings purportedly discovered the company’s spray-on sunscreen applicator was delivering more sunscreen than the industry standard. As a result, the sunscreen allegedly became more likely to ignite because it took longer to dry. Banana Boat has reportedly sold in excess of 20 million spray-on sunscreen bottles since the company introduced the UltraMist line of products in 2010. The makers of Banana Boat stated the company expects to reintroduce modified spray-on sunscreen products again in the future.

According to Dan Dillard, the Executive Director at the Burn Prevention Network, the organization received two burn reports related to spray-on sunscreen products earlier this year. One man allegedly received second and third degree burns when he ignited while standing near a barbeque grill after applying a Banana Boat spray-on product. The other involved a woman who also received second and third degree burns when she reportedly ignited after using the products while working with welding equipment. Dillard stated the organization received no reports of sunscreen-related burn injuries prior to 2012.

Anyone who was injured by a Banana Boat spray-on sunscreen product is urged to file a MedWatch report with the nation’s Food and Drug Administration. Potential lawsuits against Banana Boat and other spray-on sunscreen manufacturers are currently being evaluated throughout the nation. If you or a family member was hurt after using a dangerous or defective product, it is a good idea to contact an experienced personal injury lawyer as soon as you are able.

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Published on: October 14, 2012

Steroid Shots Linked to Deadly Fungal Meningitis Outbreak in Texas and Throughout Nation

By Carabin Shaw

According to the nation’s Centers for Disease Control and Prevention (CDC), nearly 200 people in at least 13 states including Texas have contracted fungal meningitis likely as a result of receiving tainted steroid injections in their neck or spine. The rare outbreak has claimed at least 15 lives. CDC investigators have purportedly linked a preservative-free steroid called methylprednisolone created at the New England Compounding Center (NECC) to the fungal meningitis outbreak. Prior to the outbreak, methylprednisolone manufactured at NECC was reportedly shipped to at least 75 medical facilities in 23 states. All drugs created at the Massachusetts company, including three lots of the allegedly tainted steroid, were recently recalled. NECC and its sister company, Ameridose, have allegedly stopped all manufacturing operations.

According to the CDC, two different types of mold have been detected in fungal meningitis patients who were administered shots created at NECC’s compounding facility. Because both molds normally grow slowly and initial fungal meningitis symptoms may be subtle, the CDC stated more cases are likely to be diagnosed in the near future. Symptoms may include a headache, neck stiffness, fever, nausea, and an increased sensitivity to light.

Meningitis causes the membrane that surrounds a victim’s brain and spinal column to swell. Unlike other types of meningitis, the fungal form is not contagious and must be directly introduced into a patient’s central nervous system through a shot or other means. Although the incubation period can vary, fungal meningitis symptoms will generally begin to appear anywhere between one and four weeks after a patient is exposed to the fungus. Once diagnosed, a fungal meningitis patient must be treated with antifungal drugs for several weeks.

Compounding facilities are normally used to create drugs based on an individual patient’s needs. Often, the facilities will adjust the dosage or physical form of a drug before it is administered. Such facilities are also allegedly used to obtain drugs that are not commercially available or are hired to provide pharmaceutical products for medical facilities that seek to cut drug costs. Although the United States Food and Drug Administration (FDA) is tasked with regulating drug manufacturers, the agency’s role in compounding facility oversight is reportedly less clear. Still, the FDA issued a warning letter to NECC in December 2006.

At least 14,000 people across the country are believed to have received possibly tainted steroid injections. Potential fungal meningitis lawsuits are currently being evaluated throughout the nation. If you or a loved one contracted fungal meningitis after receiving a steroid injection, you should contact an experienced personal injury attorney.

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Published on: September 26, 2012

Group Claims Oil and Gas Wells in Texas Are Not Properly Inspected and Violations are Often Ignored

By Carabin Shaw

According to a report published by environmental watch group Earthworks, state regulators across the nation are placing Americans at risk by failing to properly inspect oil and gas wells. The report, titled Breaking All the Rules, examined regulatory data collected in six states: Colorado, New Mexico, New York, Ohio, Pennsylvania, and Texas.

The Earthworks research report claims most states do not have the resources or equipment necessary to adequately inspect every active oil and gas well within the state on a regular basis. For example, Pennsylvania guidelines suggest each active oil and gas well should be inspected five times per year. Instead, 91 percent of active wells were not inspected in 2010. According to the report, that means about 82,000 oil and gas wells in Pennsylvania were not examined by state regulators that year. In Colorado, 15 state inspectors were reportedly tasked with inspecting more than 16,000 wells in 2010. In New Mexico, 12 inspectors allegedly conducted a total of 20,780 reviews during the same year.

The report states oil and gas well safety violations are also poorly tracked. In both New Mexico and Colorado, comprehensive violation information is not available to the public. Instead, data is reportedly maintained on a well-by-well basis. Additionally, inspectors are reportedly free to determine whether an unsatisfactory well merits a violation. The group contends that companies who fail to adhere to health, safety, and environmental rules are rarely punished.

In the State of Texas, inspectors purportedly conducted more than 118,000 inspections and noted almost 56,000 violations in fiscal year 2012. Still, Earthworks maintains that action against oil and gas well operators is frequently deferred and financial penalties are often small. Patrick Creighton, a spokesperson for the Marcellus Shale Coalition, an oil and gas production company consortium, called the Earthworks report into question. According to Creighton, the report is false and contrary to publicly available facts. He alleged Earthworks published the report in an effort to spread fear about the safety of the oil and gas industry.

Oil and gas workers are placed at risk whenever an oil company fails to adhere to proper safety regulations. Oil and well drilling accidents can be extremely complicated and the process for obtaining damages for any resulting injuries is often tough to navigate. If you or a family member was hurt as a result of an oil and gas company’s negligence, you should speak with a skilled oil and gas accident attorney as soon as possible.

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Published on: September 19, 2012

FMCSA Implements Hand-Held Cell Phone Ban in Texas, Throughout Nation

By Carabin Shaw

Earlier this year, the nation’s Federal Motor Carrier Safety Administration (FMCSA) implemented a hand-held mobile telephone ban for commercial vehicle operators. The federal regulation also applies to the driver of any vehicle that transports hazardous materials and requires a placard. According to the FMCSA, reaching for or using a hand-held device distracts drivers and significantly increases the likelihood of a crash.

The new rule took effect on January 3rd and states that truck drivers must pull over to the side of the road when using hand-held cellular telephones. It was reportedly implemented in an effort to increase safety and reduce the number of deadly crashes involving commercial motor vehicles. Under the rule, motor carriers are also prohibited from requiring or allowing drivers to use hand-held cellular telephones. A semi or other commercial vehicle driver who is caught violating the regulation will incur stiff penalties and sanctions.

In response to the new regulation, Wiseway Transportation Services, a Wisconsin-based furniture shipment company, has issued a smartphone to each of its drivers. The thin, Android-based phones replaced the more rugged push-to-talk telephones the drivers previously carried. Wiseway’s Director of Information Technology, Steven McKenna, stated the phones were purchased in an effort to ensure company drivers do not run afoul of the new safety law. The mobile phones now provided to Wiseway drivers offer a speakerphone and may be activated entirely by a driver’s voice. By using a completely hands-free device, McKenna hopes company drivers can stay on schedule without risking their commercial vehicle licenses, as well as the safety of themselves and others.

McKenna stated despite that the corporate-issued telephones are so-called smartphones, Wiseway opted to lockdown the software that could be used on each device. Only business appropriate email and other applications will be installed on the mobile phones in order to keep drivers on task. According to McKenna, the GPS feature in each phone also allows Wiseway to track a driver’s location and determine their general speed. He reportedly believes such capabilities will increase overall driver safety.

When a bus, semi, or other commercial vehicle collides with a car, the resulting damage can be catastrophic or fatal. If you were injured or a loved one was killed in an accident with a commercial vehicle, you may be eligible to receive financial compensation for your medical expenses, suffering, pain, lost wages, lost benefits, any resulting disability, and a host of other damages. In some situations, the victim of an accident with a commercial vehicle may also be awarded punitive damages. In the United States, the trucking industry is massive. You should not be required to stand up against them alone. If you were hurt in an accident with a tractor trailer or other commercial vehicle, you should contact a capable Texas truck accident lawyer as soon as possible.

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Published on: September 16, 2012

Melons Recalled Over Possible Listeria Contamination in Texas, Nationwide

By Carabin Shaw

Last month, Burch Farms in North Carolina issued a recall of nearly 14,000 cases of cantaloupes due to possible Listeria monocytogenes contamination. Initially, only 580 cases of cantaloupe were recalled. According to the nation’s Food and Drug Administration (FDA), the larger recall was issued following an Agency inspection that noted unsanitary conditions in the company’s melon packing area.

The recall was later expanded to include all cantaloupes and honeydew melons grown or distributed by Burch Farms during the 2012 season after the FDA found evidence of the bacteria that causes Listeriosis on honeydew melons sold by the company. The recalled melons were reportedly shipped to Florida, Georgia, Illinois, Kentucky, Maine, Maryland, Massachusetts, Michigan, New Hampshire, New Jersey, New York, North Carolina, Ohio, Pennsylvania, South Carolina, Vermont, Virginia, and West Virginia.

Exposure to Listeria monocytogenes may potentially cause serious and sometimes fatal infections. People who are most vulnerable to getting sick from Listeriosis include pregnant women, young children, the elderly, and anyone who suffers from a weakened immune system. Symptoms of infection include fever, diarrhea, nausea, and vomiting. Although no illnesses associated with the Burch Farms recall have been reported, it can take several weeks before Listeriosis symptoms become apparent.

Last year, a Listeriosis outbreak that was traced to allegedly unsanitary conditions at a Colorado farm sickened 147 individuals in at least 28 states. According to the Centers for Disease Control, 33 victims died as a result of eating cantaloupes grown or processed by Jensen Farms. Additionally, one pregnant woman allegedly miscarried as a result of contracting Listeriosis from consuming contaminated cantaloupe. The contaminated cantaloupe sold by Jensen Farms reportedly caused the worst food-borne illness outbreak in the United States in approximately 100 years. The company is currently facing numerous lawsuits over the Listeriosis outbreak.

Potential food-borne illness lawsuits are currently being evaluated throughout the United States. If you suffered a serious illness such as Listeriosis, or your loved one died as a result of eating contaminated food, you are advised to contact an experienced personal injury lawyer to discuss your legal right to recover damages.

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Published on: September 16, 2012

Ford Recalls Two SUV Models Over Potential Fire Hazards

By Carabin Shaw

Ford Motor Company has issued a recall for nearly 6,000 Ford Edge sport utility vehicles (SUVs) due to alleged safety hazards. According to the automaker, the SUVs pose a fire risk due to potential fuel leaks. 5,499 vehicles sold in the United States and 346 sold in Canada are reportedly part of the recall. The recall was issued after the company determined a metal housing on the fuel line pulse damper in 2012 Ford Edge SUVs manufactured with a 2.0-liter EcoBoost engine may crack and cause a steady leak that could ignite.

A Ford spokesperson, Susan Krusel, stated that the company used warranty claims data in order to identify 12 fuel leak claims. She also said no injuries or fires were reported as a result of potential leaks. Owners of the affected vehicles should receive recall notices in the mail after September 24th. Ford dealerships will reportedly replace faulty parts as well as provide Edge owners with a rental vehicle during repairs.

Meanwhile, Ford has also issued a second recall of approximately 7,600 Ford Escape SUVs over reported fire risks. 2013 Escape models built with a 1.6-liter EcoBoost engine may rapidly leak engine coolant if a cup plug in the cylinder head becomes dislodged. A chemical in the coolant can potentially ignite after coming into contact with an overheated engine. Although no customers have reported engine fires, one SUV was allegedly extinguished on a dealer’s lot in Nashville, Tennessee. About 6,150 vehicles in the United States and 1,300 vehicles in Canada are affected by the recall.

The recent Ford Escape recall followed closely behind another recall of the same model. In July, approximately 11,500 2013 Ford Escapes were recalled after three vehicle fires were reported. Ford Motor Company reportedly asked owners to immediately stop driving their new vehicle due to the dangers associated with the fire risk. Also in July, the automaker recalled nearly all 2013 Escape SUVs over a carpet padding safety issue. The carpet padding reportedly made it difficult for drivers to fully press the brake.

Thousands of consumers are injured or killed by defectively manufactured products every year. If you were hurt by a manufacturer or distributor’s unsafe product, you may be eligible to receive financial compensation for your medical costs, lost wages, suffering, pain, any resulting disability, and other damages. If you were injured by a defective or dangerous product, you should speak with an experienced Texas personal injury attorney who can help you protect your interests.

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Published on: August 30, 2012

Fresenius Medical Care Accused of Failure to Warn Patients of Known GranuFlo and Naturalyte Risks

By Carabin Shaw

One of the country’s largest dialysis operators, German-based Fresenius Medical Care, was recently investigated by the nation’s Food and Drug Administration (FDA) in response to a number of patient deaths. Following the investigation, the FDA issued a Class I recall for the company’s Naturalyte GranuFlo Acid Concentrate and Naturalyte Liquid Acid Concentrate products. The products are used to aid in the elimination of waste during the hemodialysis procedure. According to the FDA, they may also potentially raise serum bicarbonate levels in patients undergoing dialysis. A higher serum bicarbonate level can lead to cardiac arrest and death in some patients.

Fresenius Medical Care treats more than one-third of the approximately 400,000 dialysis patients across the United States. The company also reportedly supplies many of the dialysis machines and pharmaceutical products used at other dialysis centers nationwide. In fact, an estimated 125,000 patients are treated using GranuFlo or Naturalyte in non-company medical care centers every year.

According to an FDA official, Fresenius Medical Care is accused of failing to warn dialysis patients of the potentially fatal risks associated with use of its GranuFlo and Naturalyte products. In 2010, 941 dialysis patients who were treated with GranuFlo or Naturalyte experienced cardiac events inside of a Fresenius Medical Care clinic. Despite that the company sent an internal memorandum to warn of the heart risks associated with its products to its own dialysis center doctors, Fresenius Medical Care allegedly failed to notify other dialysis centers or the FDA.

Steven Silverman, the FDA’s Director of Compliance in the Medical Devices Division, stated it was quite troubling that Fresenius Medical Care failed to warn its entire customer base about the health risks associated with the GranuFlo and Naturalyte products. The company’s Chief Medical Officer, Dr. Franklin Maddux responded that the health risks were too preliminary to warrant publication in medical journals and Fresenius Medical Care had no other avenues through which to communicate with outside doctors who were using the product.

In March 2012, Fresenius Medical Care finally issued a warning to customers regarding the alleged increase in heart attack risk associated with use of the company’s products. In May, the FDA issued a safety alert for products such as Granuflo. The following month, a Class I recall was issued for GranuFlo and Naturalyte. A Class I recall is issued when there is a reasonable likelihood that exposure to a drug or medical product will result in a serious health complication or death.

Potential GranuFlo and Naturalyte lawsuits are being evaluated throughout the United States for health risks that may be associated with use of the products. If you or a loved one suffered a cardiac event after being treated with GranuFlo or Naturalyte, you should contact a qualified personal injury lawyer as soon as possible.

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Published on: August 28, 2012

FMCSA Makes Improvements to Compliance Safety Accountability Enforcement Program in Texas, Throughout Nation

By Carabin Shaw

The nation’s Federal Motor Carrier Safety Administration (FMCSA) recently announced changes to the agency’s Compliance Safety Accountability enforcement program. The changes will reportedly allow high-risk bus and trucking companies to be more easily identified and compliance issues to be dealt with in a speedier fashion. According to Anne Ferro, FMCSA Administrator, the changes were designed to make existing safety programs more effective. Although the number of deaths in crashes that involved commercial vehicles declined by nearly 5 percent in 2011, approximately 4,000 people are killed in such collisions annually.

The Compliance Safety Accountability enforcement program changes include improved hazardous materials carrier compliance requirements, altering the way in which a driver’s hours of service are logged, weighing hours of service logbook violations equally whether paper or electronic, taking into account cargo load violations when determining vehicle maintenance compliance, and including equipment violations found during pre-trip inspections in safety evaluations. Additionally, one to five miles per hour speeding violations will be abandoned in favor of more recently implemented speedometer regulations, and the program will endeavor to more accurately reflect the inspection type on all recorded bus and truck violations. The Compliance Safety Accountability enforcement program changes are scheduled to take effect in December 2012.

Prior to implementing the safety enforcement program changes, the FMCSA provided the public with four months during which to review and comment on the proposed changes. Approximately 14,000 bus and trucking carriers reportedly participated in the public preview. About 1,700 law enforcement officers also contributed their thoughts regarding proposed system updates. Further monitoring will allegedly be conducted by the FMCSA before the new requirements are made public.

When a tractor-trailer collides with a passenger vehicle, the resulting injures are often catastrophic or fatal. If you were hurt or someone you love was killed in a collision with an 18 wheeler, you may be entitled to financial compensation for your medical costs, suffering and pain, lost wages and benefits, temporary or permanent disability, and a variety of other damages. In some instances, you may also be awarded punitive damages. In the United States, the trucking industry is enormous. You shouldn’t have to fight them alone. If you were hurt in an accident with an 18 wheeler, you need an experienced Texas truck accident attorney on your side.

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Published on: August 19, 2012

More Than One-Quarter Million SUVs Recalled in North America Over Fire Hazard

By Carabin Shaw

Automobile manufacturers Isuzu and General Motors have issued a recall for more than one-quarter million sport utility vehicles (SUVs) in North America. Approximately 258,000 model year 2006 and 2007 SUVs sold or registered in 20 states, the District of Columbia, and Canada are being recalled over a power window and door lock switch defect that can potentially cause a fire in the vehicle. The recall includes the following models: Buick Rainier, Chevrolet Trailblazer, GMC Envoy, Isuzu Ascender, and Saab 97-X. Although several automobile brands are subject to the recall, each of the vehicles at issue was manufactured by General Motors.

According to documents published on the National Highway Traffic Safety Administration‘s (NHTSA) website, salt and chemical fluids used to clear icy winter roads may corrode the power window and lock circuit board located inside of the driver’s door. The power window switch in SUVs affected by the recall that are currently registered or were sold in Connecticut, Delaware, Illinois, Indiana, Iowa, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, New Hampshire, New Jersey, New York, Ohio, Pennsylvania, Rhode Island, Vermont, West Virginia, and Wisconsin will be replaced by automobile dealerships at no cost to the owner. Additionally, General Motors spokesperson Alan Adler stated the company will replace the switch free of charge for anyone living in a state that is not subject to the current recall at the request of the owner.

According to General Motors, although the company has received reports of 28 vehicle fires caused by the faulty circuit boards no physical injuries resulted. The NHTSA has also received more than one dozen SUV fire complaints. The registered owner of any vehicle that is subject to the recall will reportedly receive a letter from General Motors requesting that an appointment be scheduled in order to replace the faulty switch.

Unfortunately, thousands of consumers are hurt or killed by dangerous or defectively manufactured products each year. Many such injuries are completely preventable. If you were the victim of an injury caused by a defective or dangerous product, you may be able to file a claim against the company that manufactured or distributed it. When a manufacturer or distributor fails to ensure their product is safe for consumer use, an individual who is injured may be eligible to receive financial compensation for medical expenses, lost wages, pain, suffering, and more. If you were hurt by a dangerous or defective product, you should contact a skilled Texas personal injury lawyer to discuss your right to recovery.

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Texas Injury Lawyer Blog