Texas Injury Lawyers Blog

Published on: May 22, 2012

MADD Issues Safe Driving Tips for Memorial Day Weekend in Texas, Nationwide

This week, Mothers Against Drunk Driving (MADD) issued a list of safe driving tips as part of the organization’s Campaign to Eliminate Drunk Driving for the upcoming holiday weekend. Although the long Memorial Day Weekend was established to honor the nation’s military heroes, it is also a time when more intoxicated drivers are normally on the streets. According to MADD, 158 people died in alcohol-related crashes across the United States over Memorial Day Weekend in 2010, the most recent year for which statistics are available.

Although police across the country will be stepping up their efforts to enforce drunk driving laws, drivers may also be able to protect themselves and their loved ones by following some additional guidelines. MADD encourages everyone who plans on consuming alcohol this weekend to ensure a plan is in place for a sober ride home. That plan may include arranging for a designated driver or simply calling a cab. Additionally, everyone traveling in a vehicle should always wear a seat belt. MADD also suggests drivers refrain from making telephone calls or texting behind the wheel as such behavior can be distracting. Following all posted speed limits and simply paying extra attention to other vehicles on the road may also help improve safety. Finally, MADD encourages all drivers to avoid any vehicle that is being operated in an erratic manner.

Car wrecks are one of the leading causes of serious injury in the United States each year. Alcohol use and abuse causes a staggering number of automobile accidents in Texas every day. Unfortunately, collisions that involve allegedly intoxicated drivers often result in death or serious physical harm. Oftentimes, an inebriated driver will carry inadequate liability insurance coverage. In limited circumstances, an individual who is hurt by or lost a family member to a drunk driver may be able to sue a bar or restaurant where the intoxicated driver was served alcohol. This is called a dram shop case. If you were injured by an allegedly intoxicated driver, you may be eligible to receive compensation for medical expenses, pain, suffering, lost wages, disability, and other damages. An experienced San Antonio personal injury lawyer can explain your rights and your options for recovery.

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Published on: May 16, 2012

Applying for Social Security Disability Benefits in Texas

By Carabin Shaw

Federal Social Security Disability Insurance (SSDI) offers financial support to disabled Americans who are expected to be unable to work for at least one year. SSDI beneficiaries are also entitled to receive federally funded health care benefits like Medicare or Medicaid. In order to collect SSDI benefits, an individual must have worked at some point in their lifetime. Unfortunately, applying for SSDI benefits can be difficult for many Americans.

Roberta Roque, an Advocate Supervisor at Disability Rights Texas, believes the SSDI application process is often tough for many citizens. She said confusion can result in multiple applications, an increased number of appeals, and ultimately, a delay in benefit approval for disabled Americans. She also stated regulations and policies are written in a way that often confuses applicants.

According to Charlie Brittian, a Project Manager at the Social Security regional office in Dallas, many disabled Americans believe all initial SSDI applications are denied. Meanwhile, Roque said applicants with mental health issues often feel their SSDI applications are denied because their disabilities are not physically apparent. Brittain, however, believes most SSDI benefit denials are the result of incomplete medical files because the nation’s Social Security Administration (SSA) does not actually make disability determinations. Instead, state Disability Determination Services offices receive medical records and make disability decisions. Unfortunately, state agency employees never meet SSDI applicants and if records requests are not fulfilled after a certain amount of time, an application is eventually denied. Brittain recommends applicants contact medical providers in order to ensure medical documentation for any disability is submitted in a timely manner. In extremely limited instances, the SSA will also incur the costs of a medical examination.

An SSDI applicant has 60 days to file an appeal following any denial. If an appeal is not timely filed, the application process must begin anew. Instead of appealing a denial, however, many applicants simply apply again. Each time the process is begun, it takes at least three months for an application decision. If an applicant files an appeal and it is denied, however, the applicant may request a hearing. A hearing generally occurs about six months after the denial of any SSDI appeal in the State of Texas. Overall, the entire process can easily take one year from start to finish. Regrettably, many disabled applicants simply become frustrated and give up.

Many Americans believe social security benefits are only available to those who have reached retirement. SSDI was established to provide monetary assistance to injured or disabled Americans who are unable to work for at least 12 months. If you have a mental or physical disability that has left you unable to work, you are urged to discuss your condition with an experienced Texas social security disability lawyer today.

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Published on: May 8, 2012

NHTSA Proposal Would Require 18 Wheelers to Install Stability Control Systems

By Carabin Shaw

A National Highway Traffic Safety Administration (NHTSA) proposal that states semi-trucks should be required to have a stability control system installed has entered the last step of the publication review process. The proposal, which has already been approved by the Office of Management and Budget, may lead to a federal mandate regarding use of the technology. Currently, about one quarter of all new semi-trucks have stability control technology installed. Nationwide, many carriers who transport goods using semis have already installed stability controls in their fleet. Additionally, the technology is widely used among carriers that utilize tank trucks.

According to the NHTSA, stability control technology should be installed in semi tractors in order to increase safety. Crashes that occur after 18 wheeler drivers lose control or roll their vehicles kill approximately 300 people each year. More than 2,700 injuries also result from such accidents. The agency stated adoption of the technology will likely prevent about 1,000 injuries and 66 deaths each year.

The Engineering Director at the American Trucking Association, Ted Scott, said the organization would likely support the NHTSA’s proposal. The Owner-Operator Independent Drivers Association, however, stated it will likely oppose the measure. According to a spokesperson, such a mandate would prove to be cost prohibitive for many semi drivers who act as owner operators.

Although the exact details of the NHTSA’s proposal are not currently available, it will most likely focus on semi tractors. The proposal in not expected to cover trailers or require trucks that are currently in use to be retrofitted. If required to install stability control technology in fleet trucks, the expected cost to U.S. trucking carriers is estimated at about $107 million annually. The NHTSA believes the technology would save more than three times that amount in property damage and other related accident costs.

Unfortunately, when a semi collides with a passenger vehicle, the resulting injures are rarely minor and are likely to be catastrophic or fatal. If you or a loved one was hurt or your family member was killed in a collision with an 18 wheeler, you may be entitled to compensation for your injuries or loss. Those hurt in an accident with a semi may receive remuneration for the cost of medical care, pain, suffering, lost wages, and other damages. In certain instances, you may also be eligible to receive punitive damages. If you were hurt in an accident with an 18 wheeler, contact a skilled Texas semi truck accident lawyer today to discuss your case.

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Published on: April 28, 2012

U.S. Transportation Secretary Calls for Federal Cell Phone Ban

By Carabin Shaw

United States Transportation Secretary Ray LaHood recently told doctors, government officials, and others that he believes the nation should impose a federal ban on driving a motor vehicle while talking on a cellular telephone or texting. Listeners attending a recent driving while distracted summit in San Antonio were also told the practice has reached epidemic proportions. According to Hood, a federal ban that would allow police officers to ticket drivers who are caught using cellular telephones behind the wheel is the only effective way to deal with the widespread problem. Although the Transportation Secretary has criticized drivers who talk on telephones in the past, this was the first time he called for federal legislation to ban the practice.

According to the National Highway Traffic Safety Administration (NHTSA), approximately 3,000 deadly traffic accidents occurred in the United States in 2011 as a result of drivers who were distracted by cell phones. Drivers using cellular telephones also reportedly exhibit delayed reaction times. The NHTSA stated talking on a telephone while driving may lower a driver’s reaction time to the equivalent of a blood alcohol level of .08, the legal limit in Texas.

The National Motorists Association President, Gary Biller, believes a federal law against cell phone use is unnecessary. According to Biller, such behavior is already addressed by existing state prohibitions against distracted driving. He said a driver may be distracted by a companion, tuning the radio, eating, or any number of other behaviors which regularly take place in a car. Biller believes more resources should be allocated to public service campaigns against all forms of distracted driving instead of lobbying for a new federal law against one specific behavior.

LaHood disagreed with Biller’s concerns about other forms of distracted driving by stating not everyone performs such activities in a motor vehicle. LaHood stated everyone has a mobile telephone and mistakenly believes it is acceptable to use it while operating an automobile. The Transportation Secretary also said the nation’s attitude about the use of cellular phones behind the wheel is too nonchalant and the behavior should be treated more similarly to driving while intoxicated. Currently, thirty-eight states prohibit or restrict the use of cellular telephones and other electronic devices while operating a motor vehicle.

Unexpected automobile accidents occur every day in Texas. If you or a loved one was hurt by a distracted driver, you are advised to contact an experienced San Antonio auto accident attorney to discuss your case.

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Published on: April 24, 2012

New Treatment, Diagnostic Tools for Mesothelioma Patients May be on the Horizon

By Carabin Shaw

Mesothelioma is a rare form of lung cancer that is often caused by exposure to products that contain asbestos. According to the World Health Organization, about 100,000 people across the globe die from mesothelioma each year. In the United States, approximately 10,000 deaths occur annually as a result of the disease. Due to the usually lengthy time period between onset and diagnosis, most mesothelioma patients are only left with between six and 18 months of life once the disease is finally detected. Currently, testing for mesothelioma normally requires an invasive tissue biopsy.

New research has revealed information that may make the diagnosis and treatment of mesothelioma more successful. Researchers in Australia believe they have isolated blood markers that could make diagnosis of mesothelioma easier. According to the Asbestos Disease Research Institute, a microRNA molecule appears to be up to four times more common in patients with mesothelioma than in those without the disease. The new finding may potentially lead scientists to a quicker and more effective mesothelioma diagnostic tool in the future.

Additionally, researchers from the University of California-San Diego believe a non-small cell lung cancer vaccine in the works may also assist with mesothelioma treatment. Scientists from the Moores Cancer Center are successfully improving survival rates for up to 50 percent of difficult to treat lung cancer patients through clinical trials. According to researchers, the non-small cell lung cancer vaccine often boosts a patient’s immune response and even kills some cancer cells. A similar method may be used in the future to treat mesothelioma patients.

Many manufacturers of asbestos products ignored the deadly potential health hazards associated with the substance for decades. If you or a family member developed mesothelioma as a result of asbestos exposure, you may be eligible to receive monetary compensation from the companies that exposed you. A mesothelioma victim must file his or her damages claim within the time constraints of the statute of limitations, be able to demonstrate asbestos exposure, and locate viable companies that caused the exposure. Contact a qualified Texas mesothelioma lawyer to discuss how to go about filing your mesothelioma claim.

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Published on: April 13, 2012

Child Bicycle Carrier Seats Recalled Over Finger Amputation Hazard

By Carabin Shaw

Last week, the manufacturer of bicycle carrier seats for children recalled approximately 40,000 products due to a hand laceration and finger amputation danger. Todson Corporation recalled model numbers TCS2100, TCS2101, and TCS2102 of the company’s Topeak Babyseat II product. The company reportedly recalled the child carrier seats after receiving two separate reports of near finger amputations and one report of a crushed finger. The product is allegedly dangerous because a child can reach inside of an opening attached to a grab bar hinge mechanism. When a parent lifts the grab bar in order to remove a child from the carrier, the child’s fingers may be caught and cut, crushed, or even amputated.

The recalled seats are grey with a red lever that locks a blue grab bar into place. The word “Topeak” is embossed into the bicycle carrier seat as well as written on a protective foam pad installed on the grab bar itself. The recalled seats were sold individually and with racks to attach them more easily to a parent’s bicycle frame. The product was sold between January 2009 and April 2012 at REI, Hawley, J&B Imports, and other distributors throughout the country. Todson Corporation has advised individuals who own one of the recalled bicycle child carrier seat to stop using it immediately. The company is also offering consumers free hinge cover retrofit kits.

It is important for all parents to be aware of the safety concerns that can exist with any bicycle child carrier seat. Car seats and bicycle carrier seats are often not as safe as parents may believe and retrofitted attachments may not provide your child with enough protection to ensure his or her safety. Any child safety seat can pose a real danger to your child. If your child has been injured or disfigured by a car or bicycle carrier seat, it is a good idea to speak with a knowledgeable Texas personal injury lawyer as soon as possible after the injury occurs.

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Published on: April 9, 2012

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

By Carabin Shaw

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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