Texas Injury Lawyers Blog

Published on: April 9, 2012

Despite Fatal Bus Crashes, Many States Fail to Require Adequate Commercial Vehicle Inspections

Pursuant to federal law, commercial vehicles such as motor coaches are required to be inspected at least once per year. The inspections, however, may be performed by the company that operates the vehicle, private garages, or state designated employees. Unfortunately, over half of all states in the U.S. do not specify inspection requirements and leave the matter up to the owner of the vehicle.

On March 14th, 2012, the U.S. Senate passed a bill that would require a federal evaluation of state commercial vehicle inspection programs, but the bill has not moved forward in the House of Representatives. The nation’s Federal Motor Carrier Safety Administration (FMCSA) has stated additional federal oversight of state commercial vehicle inspection programs is not currently necessary. The organization’s former head, John Hill, said the FMCSA simply does not have sufficient funding to begin monitoring state inspection programs.

Highway safety proponents believe there is a lack of oversight for companies that perform bus and other commercial vehicle inspections in many states. In fact, fatal bus crashes in Texas, Illinois and Mississippi recently caused the National Transportation Safety Board (NTSB) to call for better oversight of commercial vehicle safety inspections.

Following a 2008 bus crash that killed 17 people near Sherman, Texas, the NTSB cited a state-certified commercial vehicle inspection shop for passing the motor carrier eight days prior to the accident despite reportedly obvious mechanical and tire defects. The owners of the shop, 5 Minute Inspections, closed the company’s doors a few months later. In May 2010, however, the Texas Department of Public Safety (DPS) approved the owners’ application to open another commercial vehicle inspection business in the same neighborhood. According to state records, the new business is currently in good standing.

A spokesperson for DPS stated the issues raised by the NTSB following the crash did not merit action against 5 Minute Inspections although one of the owners has since been suspended for falsifying commercial vehicle inspection reports. DPS has also recently reorganized the more than 200 employees in its vehicle inspection support program.

Another Texas bus was involved in a fatal crash in Louisiana after striking a semi-truck parked on the side of the road. Although the NTSB stated the bus driver caused the crash, the semi was allegedly in such serious disrepair it never should have been on the roadway to begin with. The president of the trucking company performed the most recent inspection on the semi-truck six months prior to the crash.

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Published on: March 29, 2012

First Trial Over Yaz Contraceptive Safety Postponed

By Carabin Shaw

The first scheduled trial over the purported health risks to women from Bayer AG’s Yasmin family of birth control pills was delayed after a federal judge ordered the parties to mediation. On December 31, 2011, Illinois District Court Judge David Herndon postponed a trial scheduled to begin in January and referred the case to George Washington University law professor Stephen Saltzburg for mediation and possible settlement. Saltzburg has previous experience mediating drug lawsuits such as the 2010 AstraZeneca Seroquel antipsychotic litigation. No time limit was set for the mediation.

Currently, more than 10,000 lawsuits have been filed in the United States against Germany’s largest pharmaceutical company over injuries allegedly caused by the company’s Yasmin line of contraceptives. Bayer is accused of knowingly misleading women regarding health risks associated with birth control pills such as Yaz. The contraceptives, which contain the hormone drospirenone, purportedly caused blood clots in a significant percentage of the women who took them. In the litigation, Bayer is also accused of marketing its contraceptives as safer than those of the company’s competitors despite company knowledge regarding the increased blood clot risk. After numerous lawsuits were filed across the nation, the litigation was consolidated in East St. Louis, Illinois before Judge Herndon. Yaz litigation in a Pennsylvania state court was also put on hold in January over a procedural matter.

In 2011, the nation’s Food and Drug Administration (FDA) analyzed data related to approximately 835,000 women who were prescribed the Yasmin line of drospirenone-based contraceptives. The FDA warned women they were at a 74 percent higher risk of suffering from sometimes fatal blood clots while taking Yasmin than women taking other low-estrogen birth control pills. In their lawsuits, attorneys for the women pointed to FDA reports of more than 50 fatalities between 2004 and 2008 in women taking the Yasmin line of contraceptives.

In 2010, Bayer sold approximately $1.58 billion worth of contraceptives. In 2011, Yasmin reportedly had a 4.6 percent market share and was the fourth most prescribed oral contraceptive in the United States.

Potential Yaz birth control lawsuits are currently being evaluated throughout the United States due to a reportedly higher risk of blood clots in women taking the drug. If you or a loved one experienced a dangerous blood clot or other health complications while taking the Yasmin line of contraceptives, you should contact a knowledgeable personal injury attorney as soon as possible.

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Published on: March 22, 2012

Safety Concerns Related to Use of Medtronic Infuse Bone Growth Product in Texas, Nationwide

By Carabin Shaw

Questions have surfaced related to the safety of Infuse, a bioengineered spinal bone growth product produced by Medtronic. Although Infuse was previously hailed as a major medical breakthrough in spine surgery, the product is currently being investigated by the United States Senate and the Department of Justice over omissions from its clinical trial safety results. Currently, annual sales for Infuse are approximately $700 million.

In June 2011, a leading medical publication, Spine Journal, devoted an issue to safety concerns related to the Infuse product. According to an article published in the journal, surgeons who participated in clinical trials for Infuse failed to report severe complications related to use of the product. The article alleged complications existed in 10 to 50 percent of patients who participated in 13 clinical trials funded by Medtronic over a ten year period. Those complications included cancer, infections, bone dissolution, male sterility, and increased back pain. The article also accused Medtronic researchers of failing to report known conflicts of interest, knowingly using a biased and flawed study design, and stated surgeons who participated in Medtronic clinical trials were generously compensated by the company.

In a presentation before the North American Spine Society last fall, a prominent researcher at Stanford University School of Medicine, Dr. Eugene Carragee, alleged patients who use Infuse have a 2.5 times greater risk of cancer one year later. He also stated three years later, patients have a five times greater risk of developing pancreatic, breast and prostate cancers. Dr. Carragee believes Infuse is not a carcinogen, but instead promotes cancer growth. He plans to publish his findings in the future.

In March 2011, the Food and Drug Administration (FDA) cited safety risks when the organization refused to approve Medtronic’s application for a higher dose product similar to Infuse called Amplify. The move prompted some doctors to question the safety of the lower dose product. Additionally, Infuse sales declined nearly 20 percent after the Spine Journal article was published.

Medtronic’s Infuse product was approved by the FDA for use in spinal fusion procedures as well as some dental procedures. Doctors also use the product for other unapproved purposes. Although the practice is legal, Medtronic may not market Infuse in a way that promotes off-label use of the product. An investigation into Medtronic’s marketing of Infuse is currently ongoing with the United States Department of Justice.

Medtronic Infuse has been widely used off-label during neck surgery. This unapproved use has been associated with a high number of serious and possibly fatal complications. Potential Medtronic Infuse lawsuits are being evaluated throughout the United States for problems associated with use of the product during neck and other off-label surgeries. If you or a loved one developed complications after you underwent surgery where Medtronic Infuse was used, you should speak with a qualified personal injury attorney as soon as possible.

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Published on: March 12, 2012

Widow Files Lawsuit After Worker Dies in Texas City Industrial Accident

By Carabin Shaw

The widow of a 26-year-old worker killed in an industrial accident last month has filed a lawsuit for herself and on behalf of the couple’s minor child against her husband’s employer. Virgel James Stoker died after he purportedly became entangled in machinery used to package company products at Dallas Group of America, Inc.’s Texas City facility. After her husband’s unexpected death, Fredreka Denise Hayes also obtained a temporary restraining order against the Dallas Group and Action Personnel Group, Inc. The restraining order prohibits the two companies from destroying or altering physical evidence within 50 yards of the location of Stoker’s death.

The Dallas Group primarily produces absorbent synthetic magnesium silicate products used by food manufacturers. It is also the only manufacturer of ammonium chloride in the nation. If ammonium chloride is ingested in significant amounts, it may cause tremors, confusion, drowsiness, and coma. Although the Department of Labor’s Occupational Safety and Health Administration (OSHA) is still investigating the accident, Hayes’ lawsuit alleges Stoker was overcome by a toxic substance such as ammonium chloride prior to falling into the machinery.

In her lawsuit, Hayes accuses the Dallas Group and Action Personnel of failure to supervise, failure to provide proper training to employees operating the packaging equipment, failure to properly maintain and inspect the equipment, failure to have adequate safety measures and protocols in place, failure to properly ventilate the working environment, and failure to provide workers with necessary safety equipment.

Although most workplace injuries in Texas are covered by workers’ compensation laws, important exceptions exist. For example, an employer in Texas may be directly sued where a worker died as a result of a workplace injury, left behind financial dependents, and it can be demonstrated the employer committed gross negligence. An employer may also be sued if the employer does not subscribe to, or fails to keep its workers’ compensation policy current.

In Texas, only a spouse, child, or the parents of someone killed due to an individual or company’s negligent act may file a wrongful death claim. If you recently lost a loved one due to someone else’s carelessness, a qualified wrongful death lawyer can explain your options.

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Published on: March 1, 2012

Construction Worker in Critical Condition After Equipment Lands on Top of Him Near Austin

By Carabin Shaw

The United States Department of Labor’s Occupational Safety and Health Administration (OSHA) are investigating a construction accident near Austin that sent a worker to the hospital on Tuesday. A construction worker in his 30’s suffered a cardiac arrest after a roller machine he was operating to pack and flatten dirt at the new Circuit of the Americas Formula One race track fell on top of him. The worker was taken by helicopter to a local hospital where he remains in critical condition.

A spokesperson for the track, Jeff Hahn, stated the construction employee was experienced in using the machinery that purportedly caused his injury. He also said the worker had undergone many hours of equipment training. According to Hahn, this is the first accident at the 970 acre site since construction began approximately two months ago. Each day, anywhere between 350 and 400 workers can be found working around the clock at the construction site. The race track is scheduled for completion later this year.

Although all work stopped near where the accident occurred, it continued in other areas of the building site. Hahn stated he did not believe the accident would have an effect on the track’s overall construction schedule. Agents from OSHA arrived on the scene to investigate the accident early Wednesday morning.

The Occupational Safety and Health Act of 1970 created OSHA to reduce employee injuries and fatalities. Under the Act, workers are provided with certain safety-related rights such as training, information about safety hazards, and copies of safety test results. Employers must follow OSHA health and safety standards and provide a workplace that is reasonably free of safety hazards. When a serious workplace accident occurs, OSHA is tasked with investigating whether the work site complied with established safety standards.

Employees in the construction industry may be faced with hazardous conditions on a daily basis. Unfortunately, construction accidents hurt or kill thousands of workers every year. Although workplace injuries are generally subject to state workers’ compensation laws, a third party may be liable for failing to implement adequate safety measures. The manufacturer of construction equipment may be held responsible for building a dangerous or defective product. Contractors have a duty to warn workers about potential construction hazards and take proper safety precautions to ensure a reasonable level of safety. Architects and property owners may also be liable for dangerous conditions that result in an accidental injury. If you have questions, a qualified construction accident attorney can explain an injured worker’s options for financial recovery.

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