Houston Personal Injury Blog

A lawsuit was filed in Miami against Princess Cruises last week that alleges the cruise line failed to rescue three young men aboard a disabled Panamanian fishing boat. Two of the men, Fernando Osorio and Oropeces Betancourt, later died at sea. The lone survivor, Adrian Vasquez, was rescued 13 days after being sighted by the cruise liner.

The vessel the stranded men were on, the Fifty Cents, had been adrift for 15 days when it came within the sight of the Star Princess. Three Star Princess passengers spotted the Fifty Cents and alerted a crew member. The crew member visually confirmed the distressed boat and reported the emergency situation to the Star Princess's bridge and other employees. Despite the three stranded men waiving their arms and a shirt tied to a pole to signal they were in distress, the Star Princess failed to alter its course and failed to rescue the men. One of the men died 24-36 hours after the Star Princess sighted the Fifty Cents and the other man died a few days later. The cruise line blames its failure to rescue the men on an "unfortunate miscommunication," as it claims the captain of the Star Princess was never notified of the distressed vessel. The lone survivor was rescued 13 days after being sighted by the Star Princess by another fishing boat.

The lawsuit alleges that Princess Cruises' actions amounted to "outrageous conduct" and "callous disregard for human life." Unfortunately, the Star Princess is registered in Bermuda under the "flag of convenience" system, which allows United States-based cruise ships to avoid many United States taxes and labor and safety laws.

If you or someone you know has been injured in an accident, contact the attorneys at Abraham, Watkins, Nichols, Sorrels, Agosto & Friend by calling 713-222-7211 or 1-800-870-9584.

A review of the Consumer Product Safety Commission product recall lists shows a very large number of product recalls over the past few weeks. Unfortunately, serious safety-related recalls have become commonplace in our society. An informed consumer is a safe consumer. The following are some of the significant recalls regarding products with Fire/Burn Hazards:

1) Toy trucks sold at Kohl's recalled because of fire hazard: A toy truck that came as a gift with the purchase of a t-shirt has been recalled due to the possibility that the battery compartment could catch fire. Big Movers Super Car toy trucks, sold exclusively at Kohl's, were gifts with the purchase of Big Movers T-Shirts. The 4-inch long blue trucks have oversized tires and a flashing light on top and were sold with a yellow, red, and blue logo on the hood. The navy t-shirts were sold in boys' sizes S, M, and L. Consumers should immediately take the toy trucks from children and remove the battery. Consumers can contact Happy Shirts for instructions on returning the truck for a refund.

2) Husqvarna recalls grass and hedge trimmers due to fire hazard: About 19,500 grass trimmers and 6,500 hedge trimmers have been recalled by Husqvarna Professional Products Inc., of Charlotte, N.C. Fuel can leak from the rubber spacer holding the fuel lines in the fuel tank, posing a fire hazard. Husqvarna has received seven reports of fuel leaking. No injuries have been reported. This recall involves the Husqvarna Grass Trimmer Model 122C with serial numbers that range from 2011 17 00001 to 2011 52 99999. "Husqvarna" and the model number are written on the top of the tool. The serial number is located on the black plate on the bottom of the muffler side of the tool. The recalled Husqvarna Hedge Trimmers are Models 122HD60 and 122HD45 with serial numbers that range from 2011 17 00001 to 2011 52 99999. "Husqvarna" and the model number are written on the top of the tool. The serial number is located on a black plate on the gear box, which is on the lower portion of the tool. The trimmers were sold at Lowes, Sears and Husqvarna dealers and distributors nationwide for $150 and $320 from May 2011 to January 2012. Consumers should immediately stop using the recalled products and return them to the place of purchase for a free repair.

3) STOK Gas Grills recalled by One World Technologies due to fire and burn hazards: One World Technologies Inc. of Anderson, S.C., has recalled their gas grills. This includes about 87,600 in the U.S. and some 1,400 in Canada. The regulator on the grill can leak propane gas, which can ignite, posing a fire and burn hazard to consumers. The firm is aware of 569 reports of regulators leaking propane gas. No injuries have been reported. This recall involves STOK Island and STOK Quattro gas grills. The STOK Island has a round grill base and two burners. "STOK" is written on the grill cover and a label on the bottom of the grill stand. The STOK Quattro gas grill is a rectangular, four-burner grill. "STOK" is printed on the grill's lid. To identify whether a specific Island or Quattro grill is included in this recall, you will need to look at the grill's regulator. The recalled grills have regulators on them with the model number "AZF" on the front and a date code between 1046 and 1143 on the back of the regulator. The grills were sold at Home Depot stores nationwide and in Canada and Direct Tools Factory Outlet stores nationwide from March 2011 through February 2012 for between $79 and $350. Consumers should immediately stop using the recalled grills and contact One World Technologies for a free replacement gas regulator for the grill.

Benny Agosto, Jr. is a partner at Abraham, Watkins, Nichols, Sorrels, Agosto & Friend in Houston, Texas. For over 60 years, Abraham Watkins has successfully represented injured people and families who fall victim to catastrophes. Our attorneys have the knowledge, experience and resources necessary to obtain just compensation their clients. For more information, please contact the office of Benny Agosto, Jr. at Abraham, Watkins, Nichols, Sorrels, Agosto & Friend, by letter 800 Commerce Street, Houston, Texas 77002, or by phone (713) 222-7211.

According to the Fort Worth Star-Telegram, Central Freight Lines has been ordered to pay settlements to eight dock workers to settle age discrimination lawsuits. Central Freight Lines, a Waco-based company, has terminals that it operates in both Fort Worth and Dallas. The lawsuit was brought against the company by the United States Equal Employment Opportunity Commission (EEOC) and alleged that Central Freight Lines targeted older workers for termination in violation of federal law. Federal law prohibits discrimination against people aged above forty.

The EEOC said that these men were fired during a reduction in force, which was simply a smoke screen that allowed the company to terminate the employees that had been with the company for at least twenty years and were fifty years old or older. The lawsuit alleged that the terminated employees were replaced with younger hires. The suit also accused Central Freight Lines of changing company policies in order to secure infractions against the older men and then fire them.

Central Freight Lines, however, is still denying any wrongdoing. In a statement from the company, Central Freight Lines accused the EEOC of trying to "paint Central Freight in a negative light." While firing these employees may have saved Central Freight Lines money in the short term, the company is likely regretting its decision to discriminate against the older employees now.

If you or someone you know has been wrongfully terminated from employment, contact the attorneys at Abraham, Watkins, Nichols, Sorrels, Agosto & Friend by calling 713-222-7211 or 1-800-870-9584

Over the past decade, more than 300 oil and gas workers were killed in highway crashes, the largest cause of fatalities in the industry. Many of these deaths were due in part to oil field exemptions from highway safety rules that allow truckers to work longer hours than drivers in most other industries, according to safety and health experts. Many oil field truckers say that while these exemptions help them earn more money, they are routinely used to pressure workers into driving after shifts that are 20 hours or longer.

The National Transportation Safety Board (NTSB) told officials last year that it is "strongly opposed" to the oil field exemptions since they increase the risk of accidents. Safety advocates are concerned and warn that this threat will continue to grow in coming years. Close to 200,000 new oil and gas wells will be drilled throughout the nation over the next ten years, and as a result, more trucks will be on the road.

If you or someone you know has been injured in a truck accident, contact the attorneys at Abraham, Watkins, Nichols, Sorrels, Agosto & Friend by calling 713-222-7211 or 1-800-870-9584.

A wrongful death lawsuit over the deaths of two students in a 2010 Philadelphia Duck Boat crash was settled with an agreement to pay $17M in damages.

The July 2010 accident occurred on the Delaware River when a barge that was being pushed by a tugboat ran into the Duck Boat causing it to capsize and sink. Two Hungarian students, Dora Schwendtner, 16, and Szabolcs Prem, 20, drowned when the Duck Boat was hit.

The lawsuit alleged that the defendants, Ride the Ducks and K-Sea Transportation Partners, failed to have safety policies that were effective and that the accident was due to ineffective training and procedures.

The $17M settlement came as the victims' families were leaving the United States for Hungary, said their lawyer, Robert Mongeluzzi. "We tried to get them at the airport," he said, but that effort failed. "They had to get back to their jobs." Robert Mongeluzzi said he thinks a dramatic video showing the barge running over the stalled Duck Boat pushed the boat owners to settle.

A spokesman for Mongeluzzi's firm said $15 million of the settlement will go to the two Hungarian families and $2 million to injured passengers. Thirty-five passengers and crew survived. "There was a lot of evidence that was going to be produced that shows the Duck Boat was run over and should not have been run over," said Jack Snyder, an attorney representing Ride the Ducks.

If you or someone you know has been injured in a boat accident, contact the attorneys at Abraham, Watkins, Nichols, Sorrels, Agosto & Friend by calling 713-222-7211 or 1-800-870-9584.

Last Friday, the Texas Supreme Court ruled against a patient, even though the trial court's instructions to the jury may have been in error. The case is Venkateswarlu Thota, M.D. v. Young, ___ S.W.3d ___ (Tex. 2012)(5/11/12).

In Young, the patient sought care from Dr. Thota, a cardiologist. Dr. Thota performed a cardiac catheterization in the hospital one morning, and the patient was released later that day. That evening, he suffered from abdominal pain, and he fell from his chair. He was rushed by ambulance back to the hospital where it was discovered that he had bleeding from the site of the cardiac catheterization and a large hematoma. Soon afterwards, emergency surgery was performed to repair a tear in one of the patient's arteries that was asserted to have resulted from the cardiac catheterization. Following that, the patient was put on a ventilator. Severe complications thereafter included several strokes, acute renal failure that required dialysis, and the loss of vision in one eye. Three years later, he died of leukemia at age 57.

In the trial of the case, the patient's family offered expert testimony indicating that Dr. Thota punctured the wrong artery during the catheterization. In response, the doctor partly blamed the patient for not returning to the hospital sooner.

The legal issue for appeal focused upon the trial judge's instructions to the jury. The gist was whether the court gave the jury an improper instruction called a "new and independent cause," and whether the court improperly submitted the patient's conduct as "contributory negligence." Generally, conduct of a patient that occurs after the negligence of a doctor is not considered to be contributory negligence, although it might be construed as a "failure to mitigate damages."

Using the trial court's instructions, the jury returned a verdict in favor of the doctor. The court of appeals ruled that the trial judge's instructions to the jury were both erroneous and presumptively harmful, and determined that there should be a new trial. The Supreme Court, however, reversed the court of appeals. It ruled that the harm could not be presumed. Accordingly, the Court itself considered the evidence and then determined that - even if the instructions were wrong - the patient should not get a trial with correct instructions because the errors did not, in the Court's opinion, cause any harm. Thus, the Court ruled that giving erroneous instructions to the jury in this case was "harmless."

If you or someone you know has suffered from medical malpractice, contact the attorneys at Abraham, Watkins, Nichols, Sorrels, Agosto & Friend by calling 713-222-7211 or 1-800-870-9584.

John Goodman, a Houstonian who is well known in the upper-class, elite polo world, was sentenced to spend 16 years in prison for the February 12, 2010 death of 23 year old Scott Wilson. Sitting in a West Palm Beach, Florida courtroom, Circuit Judge Jeffrey Colbath ordered the socialite into a Florida prison for causing the death of Mr. Wilson while driving under the influence of alcohol and running his Bentley into Mr. Wilson's Hyundai - pushing it into a canal and drowning Wilson.

Goodman could have served 30 years for his conviction of DUI Manslaughter with Failure to Render Aid, while his defense team argued for the lowest possible sentence of 11 ½ years. The prosecution recommended a 20 year sentence. The court, splitting the difference between the prosecutor's recommendation and the defense request, did not give into the requests for leniency by people who testified about the good deeds of Goodman. "He knew he pushed that car in that canal. He knew someone was in there, and he left to try to save himself," Colbath said. "At the moment of truth, when given an opportunity to do the right thing, he ran to hide and try to save himself." Colbath granted a $7 million appellate bond so that his appellate team could argue for a new trial or reversal on appeal.

On the civil side, it is reported that the Wilsons received $40 million from Goodman's insurance company. This occurred in March of this year, just prior to the wrongful death trial beginning.

If you or someone you know has been injured in an accident by a driver under the influence of alcohol, contact the attorneys at Abraham, Watkins, Nichols, Sorrels, Agosto & Friend by calling 713-222-7211 or 1-800-870-9584.

Fox 4 in Dallas/Forth Worth has conducted a recent investigation into the Texas Board of Medical Examiners. Fox reported that the state board that is supposed to be policing doctors and protecting the public has its critics.

In 2003 Texas lawmakers put caps on medical malpractice lawsuits but Fox reports those lawmakers promised to keep a tight rein on doctors by strengthening the board. As part of Fox's investigation, it detailed the stories of two women who will be forever changed as a result of one doctor's negligence and their secret complaints to the Board of Medical Examiners.

Just opening a door is a now a struggle for Irma Carbajal LeCroy, once a successful Realtor who now has trouble making her rent. Her life changed a year ago when she ended up in the emergency room following a cosmetic procedure.

Lecroy had gone to the Molina Medical Clinic for an elective procedure called a Brazilian butt lift. Dr. Hector Oscar Molina removed fat from her abdomen and re-injected it into her buttocks. Lecroy's attorney says that fat was injected into her muscle.

Her friend called 911 when LeCroy woke up in a recovery room in a panic. LeCroy was not feeling good and she could not feel the bottom of her feet. Ultimately, doctors at Baylor Hospital operated on LeCroy 27 times.

After months of surgery and rehab, LeCroy is now permanently disabled. She has scars that run almost a foot long up both legs. She wears braces to hold her feet in place. LeCroy filed a medical malpractice lawsuit, but Molina has no medical malpractice insurance for plastic surgery.

LeCroy's family filed complaints with the Texas Medical Board but those complaints were not shared with the public.

Seven months later another of Molina's patients was rushed to Baylor's emergency room. Monica Moreno went to Dr. Molina for an arm lift and breast implants. Nine days after surgery her wounds were severely infected, and she could not breathe. Moreno spent two months at Baylor and in rehab.

Her family says had they known about LeCroy's complaint, they never would have allowed Dr. Molina to perform the surgery.

The public does not learn about complaints. It only gets to see disciplinary action when it is final.

Since 2003 the number of patient complaints to the board has increased from 4,900 to more than 8,000 last year. But investigations are down to only 25 percent. Fox reported that doctors now review complaints instead of nurses, and they are finding 75 percent do not require investigating.

This is Dr. Molina's second round with the state board. In 2004 he was disciplined and ordered to pay $25,000 for prescribing controlled substances and dangerous drugs over the Internet.

Neither woman had health insurance, so all of the surgeries and months of hospitalization were paid for by charity and Medicaid, which means taxpayers helped pay the costs.

Fox reported on others that feel the medical board let them down. To read and see the full story, please go to http://www.myfoxdfw.com/story/18169259/news-station-investigation-medical-board?clienttype=printable.

If you or someone you know has suffered from medical malpractice, contact the attorneys at Abraham, Watkins, Nichols, Sorrels, Agosto & Friend by calling 713-222-7211 or 1-800-870-9584.