Houston Personal Injury Blog

Johnson & Johnson Phasing Out of All Metal Hip Devices

2013-05-20T14:18:55Z

The orthopedic unit of Johnson & Johnson recently announced that it was phasing out production of all-metal hip replacement, a move reflecting an industry wide trend to abandon the once widely used implants because of high early failure rates.

In 2010, the company, DePuy Orthopaedics, recalled an all-metal model known as the Articular Surface Replacement, or A.S.R., because it was failing just a few years after implant. Typically, artificial hips made from materials like plastic and metal last 15 years or more before they wear out and need to be replaced.

After that recall, DePuy continued to sell an all-metal version of a popular hip model called the Pinnacle insisting that the all-metal Pinnacle was safe and performing on par with other hip replacements.

It is estimated that all-metal replacement hips - in which both the cup and ball of a device are made from metal - once accounted for about one in three hip implants used in the United States. However, the metal components rubbed against each other as a patient moved, creating tiny particles that could damage tissue, muscle, and bone.

Johnson & Johnson is facing a wave of lawsuits from patients who say they were injured when its all-metal implants failed. According to its filings with the Securities and Exchange Commission, it faces over 10,000 cases related to the A.S.R. and 3,300 cases related to the all-metal Pinnacle.

If you or someone you know have been injured by a defective metal-on-metal hip implant, contact the attorneys at Abraham, Watkins, Nichols, Sorrels, Agosto & Friend by calling 713-222-7211 or 1-800-870-9584.

Another Motorcyclist is Killed

2013-05-17T15:39:22Z

A motorcyclist was killed yesterday in Houston traffic. The 49-year-old rider, whose name was not immediately released, was involved in a collision with a pickup truck. The wreck occurred on the Southwest Freeway near West Belfort. After impact, the rider was ejected and thrown over a retaining wall, landing on the service road below. He died at the scene.

Just two months ago, on March 23, 2013, another motorcycle rider was killed on State Highway 249. He was heading to work in the early morning hours when an intoxicated driver turned in front of him. The driver now faces charges of intoxicated manslaughter.

These two cases, and many others that have not received news coverage, highlight the vulnerability of motorcycle riders to serious injury or death in a collision. As various freeway signs have recently alerted the public, motorists need to be observant and cautious around motorcycles. While riders may sometimes appear protected with heavy boots and riding gear, in reality they are far more likely to receive life-threatening injuries during a collision than those in cars or trucks. In fact, in yesterday's collision on the Southwest Freeway, the driver of the pickup was unharmed. Likewise, in the March 23^rd crash on Highway 249, the automobile driver did not get hurt.

Motorists must maintain awareness of motorcycles. Yet, since automobiles are notoriously underinsured, motorcyclists would be well advised to seek to add uninsured/underinsured motorist benefits to their own coverage. When dealing with life-changing injuries, inadequate insurance coverage makes a bad situation even worse.

Local drivers should be safer around motorcycles. But, aware that some drivers will not take due care, and will be underinsured, riders need to verify that they have adequate insurance protection.

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

Lawsuit Against Ford Claims Defect in V-6 Ecoboost Engine

2013-05-16T19:08:36Z

Ford Motor Co. is being sued by three vehicle owners in Ohio because of alleged defects in the automaker's six-cylinder EcoBoost engine. Two of the plaintiffs, a married couple, claim their 2010 Ford Taurus SHO lost power and stalled several times. Another plaintiff says he lost power while accelerating his F-150 pickup.

According to the lawsuit, the 3.5-liter V-6 EcoBoost engine "contained serious latent design, manufacturing, or assembly defects" that cause vehicles to shake, misfire and rapidly lose power. The problems often occur at highway speeds -- putting the plaintiffs and fellow drivers in life-threatening situations, according to the suit. Additionally, the problems stem from a buildup of moisture in the engine's intercooler. Acceleration results in more air flow through the intake tube, creating a vacuum that pulls in the air and moisture from the tube into the engine.

The National Highway Traffic Safety Administration (NHTSA) has received nearly 100 complaints about the engine, the lawsuit states. Ford has not recalled any vehicles for the alleged defect despite the dangers these types of defects cause when drivers suddenly lose power while driving on a major road or highway.

Ford knew of the problem, the suit says, because it published several technical service bulletins and suggested potential fixes to dealers covering the F-150. According to the suit, owners were not informed about the defects, which allegedly impact all vehicles with this engine.

The engine subject to the suit, the V-6 EcoBoost, was introduced in 2009, and has been offered in the 2010-13 Ford Flex crossover, Taurus SHO, 2010-13 Lincoln MKT crossover, MKS sedan, 2011-13 F-150 pickup, and 2013 Ford Explorer Sport.

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

Injured Workers Should Encourage the Employer to Fight OSHA

2013-05-15T15:31:06Z

The Occupational Safety and Health Administration (OSHA) has recently been cracking down on U.S. construction sites for health and safety violations. When a worker is injured, an OSHA citation may seem like a justified response. However, this citation may result in the injured worker getting less compensation for his or her injuries in civil cases. The lawyers of Abraham Watkins have the experience and expertise to reverse this effect.

Workers compensation laws generally immunize employers from suit, so that the employee collects money only from workers compensation as a reward for their injuries. When an accident is the fault of a third party, that third party may have the ability to use the OSHA citation to point the finger at the employer-and the employer will not be in the courtroom to defend itself.

A lawyer experienced in this area will use strategies to combat this approach, including raising objections and arguments in the pretrial stage that will carry over to trial. However, the worker can also take steps to help his or her own case. He or she can encourage the employer to fight OSHA citations. Even when the employer is hoping to help the worker by complying with OSHA, the worker should notify the employer that it may in fact hurt the worker's chances of being duly compensated for the injuries. If the violation is particularly egregious, the employer should at least negotiate a settlement and lower classification of citation, because those have a less chance of being admitted into evidence in a lawsuit against a third party.

The first and most important step that the worker should take after getting proper medical care is finding a lawyer that has experience representing injured workers.

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 at 800 Commerce Street, Houston, Texas 77002, or by phone at (713) 222-7211.

Runaway Elevator Lawsuit

2013-05-14T16:49:36Z

Recently, two women filed suit against Chevron U.S.A., Inc. after being trapped in an elevator in Chevron's building located at 1400 Smith Street in Houston, Texas. The lawsuit alleges that the two women were trapped in the malfunctioning elevator for approximately 40 minutes near the 39^th floor of the skyscraper before the unthinkable happened. Apparently, the elevator then accelerated upward and crashed through the top of the elevator shaft at the 50^th floor.

Firefighters were called to the scene and rescued the occupants. According to the suit, firefighters arrived and dropped a ladder into the elevator compartment and assisted the passengers out. The suit claims that the women then made their way to the roof of another elevator compartment and climbed down.

One woman is alleging injuries to her lower back, left leg, and left ankle. The other was allegedly diagnosed with a fractured left foot, suffered a closed head injury, and a lower back injury. Both women are seeking damages for the mental anguish experienced during the ordeal in addition to the personal injuries sustained. The suit was initially filed in Harris County state district court, but has since been removed by the defendants to federal court. At this point, there is still no definitive answer as to what caused the elevator to malfunction. While it must have been frightening for the passengers, luckily the elevator zoomed upwards rather than a free fall from the 39^th floor.

If you or someone you know have been injured by a defective product or premises defect, contact the attorneys at Abraham, Watkins, Nichols, Sorrels, Agosto & Friend by calling 713-222-7211 or 1-800-870-9584.

Many Hurdles for the Public to Obtain Risk Information

2013-05-13T19:57:50Z

According to a recent article in the Austin American Statesman, Texans who want to learn more about the risks posed by chemical plants in their communities receive their instructions: no photocopying or cellphone pictures of the provided documents, which sketch out the worst-case scenarios at individual facilities and the safety measures company officials have taken. A sign warns those who enter the Environmental Protection Agency's federal reading room, "You are being monitored." The sign is superfluous: an EPA staffer remains in the room for the duration to ensure the strict rules are followed.

Federal law requires companies that keep dangerous chemicals, such as the West Fertilizer facility that exploded last month, killing 14 people, to produce a risk management plan so local residents can know what threats sit in their neighborhoods. When legislators convened last week to hold the first state hearing into the deadly explosion of the West Fertilizer Co. plant, foremost in their minds, they said, was helping Texans learn more about potentially dangerous facilities in their communities. "The intent of this committee is to try to shed light on where these facilities are located and what kind of chemicals we're talking about," said Rep. Joseph Pickett, chairman of the House Homeland Security and Public Safety committee. It turns out that it's not as easy as it sounds.

The West disaster has exposed a system of information sharing that would test the commitment of even the most engaged citizens. Rural Texans have to drive hours to read the risk plans; agencies that are encouraged to collect information sometimes choose not to make it public; and information gathered and reported by the companies themselves may be either incomplete or not useful. The difficulty in accessing even the most basic information about the chemical facilities demonstrates the conflict between informing Americans about the risks in their backyards and the need to keep such information from would-be terrorists and criminals. Those security concerns appear to be winning the tug of war.

As a result, securing the facilities against terrorists has become as high a priority as informing neighbors of the chemical threats in their midst. Compounding the problem is an uneven system of voluntary, decentralized local emergency protection committees that often have scant information about the facilities in their areas.

In theory, the best place to learn what would happen during a worst-case scenario at a local chemical facility is in the risk management plans, maintained by the Environmental Protection Agency and produced specifically for the purpose of providing the public with information.

But getting to those plans requires dedication, time and a working knowledge of federal bureaucracy. The plans are available only at the federal reading rooms (the EPA maintains one in Dallas, and the Department of Justice has rooms in Houston, Beaumont and San Antonio), and residents can view them in person only after calling ahead to make an appointment. Once the appointment is made, visitors must provide a driver's license to the security guard before being escorted into the locked reading room to receive instructions: in addition to the no-photo rule, notes must be taken on a pad of paper with a No. 2 pencil.

The EPA's original thinking, according to a summary in the federal register, was that "regulatory requirements by themselves will not guarantee safety, and that providing the public with information about hazards in a community can and should lead government officials and the public to work with industry to prevent accidents." But the 1995 Oklahoma City bombing and the bombing in 1998 of the World Trade Center, both using fertilizer, swung the pendulum from transparency toward security. The FBI worried that the worst-case scenario portions of the risk management plan would end up on the Internet, allowing would-be evil-doers to select U.S. facilities to sow mayhem. In August 1999, President Bill Clinton signed the Chemical Safety Information, Site Security and Fuels Regulatory Relief Act. It instructed the EPA and the Department of Justice to figure out a way to provide the public with access to the risk management plans in ways that would minimize the risk to national security. Federal officials eventually set up more than 70 reading rooms across the United States, where members of the public would have access - but only during normal business hours.

Critics say the security concerns have tilted the balance too far toward secrecy. In his firm's air pollution work, for instance, Austin environmental attorney David Frederick said he has had trouble getting information about local facilities to make an informed decision about whether neighbors might be exposed to air contaminants. "We've been told this is a homeland security issue. (State officials) say, 'This is dangerous. If evil people get it, they could make trouble.' "This was information once freely available," he added. "I'm suspicious about the security risk that, for all practical matters, makes the information inaccessible."

If you or someone you know have been seriously injured as a result of the fertilizer plant explosion in Waco, contact the attorneys at Abraham, Watkins, Nichols, Sorrels, Agosto & Friend by calling 713-222-7211 or 1-800-870-9584.

May is Motorcycle Safety Awareness Month

2013-05-10T19:34:59Z

As Motorcycle Safety Awareness Month gets underway, the U.S. Department of Transportation's National Highway Traffic Safety Administration (NHTSA) is reminding drivers to look out for and share the road with motorcycle riders. Motorcycle Safety Awareness Month is a national initiative designed to encourage drivers of all kinds of vehicles and motorcyclists to "share the road" with each other.

According to a press release on the NHTSA's website, the number of motorcycle related deaths in the United States has increased every year for the past 14 years except in 2009 when there was a 16 percent decline. In 2011, 4,612 motorcyclists died on U.S. roadways. Motorcycle deaths comprised 14 percent of total highway deaths despite the fact that motorcycle registrations represent only about three percent of all vehicles in the U.S. According to researchers, on a per vehicle mile basis, motorcyclists are 30 times more likely to die and five times more likely to be injured in an accident than occupants of cars.

NHTSA reports that head injury is the leading cause of death in motorcycle crashes. Researchers estimate that helmets are 36 percent effective in preventing fatal injuries to motorcyclists. NHTSA officials estimate that helmets saved the lives of more than 1,600 motorcycle riders in 2011. However, in 2011, only 20 U.S. states required helmet use by all motorcyclists. According to officials, alcohol continues to be a major factor in motorcycle fatalities. In 2011, 42 percent of motorcyclists who died in a single-vehicle crash had blood alcohol concentration levels above the legal limit.

According to U.S. Transportation Secretary Ray LaHood, "increasing safe riding and cooperation among all road users is essential to reducing the number of deaths and injuries on our nation's highways. Motorists and motorcyclists have a common responsibility to safely share the road together." To prevent motorcyclist's deaths and injuries, NHTSA urges motorcyclists to never ride while impaired or distracted and always wear a Department of Transportation-compliant helmet and other protective gear.

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

Liability Insurance Coverage Not Required for Fertilizer Plants

2013-05-10T01:14:24Z

In an interesting article from the Dallas Morning News, the paper noted that the state of Texas makes bounce house operators actually carry liability coverage, but there is no similar requirement for fertilizer plants like the West Fertilizer plant that exploded. In the West Fertilizer case, the plant had ammonium nitrate that detonated leveling the area surrounding it, causing extensive damage, injuries, and deaths. Yet the early indications are that this plant only carried $1 million in liability insurance coverage.

The paper noted that there are numerous industries in Texas that require liability insurance coverage including home exterminators, air-conditioning repair companies, and tow truck drivers. This type of insurance coverage would be responsible for injuries, deaths, and property damage that their insureds my cause. But this is not the case for plants that mix and store volatile materials like those stored at the West Fertilizer Company. On April 17, 2013, a fire and huge explosion ripped through the plant and much of the surrounding community killing 15 people and injuring 200.

According to the paper, three state agencies were interviewed and none of them could explain the exact reasons why there were not any liability insurance mandates for companies such as West Fertilizer. The likely conclusion was that the Texas Legislature had not created any rules requiring such coverage. Our firm urges the Texas Legislature to pass laws requiring at least $25 million in insurance coverage for industries that store these types of volatile materials.

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

Congress Looks to Strengthen Regulation of Compounding Pharmacies

2013-05-08T19:24:05Z

In the wake of a recent deadly meningitis outbreak, the Senate Health, Education, Labor and Pensions (HELP) Committee will consider ways to strengthen regulation of drug compounding.

The issue is on Congress's radar as a result of the meningitis outbreak that has killed 53 people and sickened more than 700 since September. It has become clear to Congress that regulation has not kept pace with the fast-growing sector of the drug industry that makes batches of commonly used combination drugs for clinics and hospitals nationwide. The outbreak was caused by a negligent drug compounder, the now-shuttered New England Compounding Center (NECC), which created and shipped custom medications in large quantities.

The Food and Drug Administration (FDA) has called on Congress to clarify its authority to regulate non-traditional drug compounders like the NECC, and lawmakers in both chambers are debating paths forward.

The Senate HELP Committee, which will hold a hearing Thursday, released a draft bill last month that would create a new category of large sterile compounding facilities which would have to register with the Food and Drug Administration and be subject to agency inspection and oversight.

That oversight would be slightly less stringent than the type faced by full-scale drug manufacturers, which have to meet the highest FDA standards, but more stringent than those governing traditional community compounders, which are regulated by state boards of pharmacy.

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

Another Death Caused by Driving While Intoxicated

2013-05-07T13:28:52Z

According to various news accounts, the driver of a vehicle involved in a fatal crash three days ago was arrested and charged with intoxication manslaughter and intoxication assault.

Jorge Moho awakened on Friday, and looked forward to the weekend. He did not know it would be his last day to live. That evening, Moho was a back-seat passenger in a Mercury Grand Marquis being driven by Everardo Perales. Also in the car was Jesus Ortiz.

Shortly before midnight, Perales was heading north on Hardy, next to the toll road, and smashed into a tanker truck heading eastbound on Aldine Bender. The tanker truck erupted into flames, but Jesse Ray Tolliver, its driver, escaped uninjured. Ortiz and Perales were not so fortunate. Both were rushed to the hospital with life-threatening injuries. The result was worse for Moho, who died at the scene. Perales has since been charged with two felony counts.

It is time for citizens to put a stop to this senseless loss of life and these unnecessary injuries. Our community must enforce zero tolerance for the recklessness of drinking and driving. This means that the criminal justice system must deal firmly with Perales, if the evidence demonstrates that Perales was intoxicated. It also means that the civil justice system should award damages for those harmed by this criminal conduct. Unfortunately, it is unlikely that Ortiz and the family of Moho will be fully compensated. Our state only requires $30,000 as minimum limits of liability insurance coverage, far less than the damages caused by this crash. Recognizing this, the Texas Legislature should increase the limits of liability insurance coverage so that victims of collisions can receive proper compensation for their damages, and it should also fortify the criminal laws punishing drunk drivers. In the year 2013, there is simply no excuse for driving while intoxicated.

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

Jury Awards Millions Against Helmet Maker for Failing to Warn of the Dangers of Concussions

2013-05-06T13:51:37Z

A Colorado jury has awarded $11.5 million in a lawsuit originally brought against helmet maker Riddell and several high school administrators and football coaches over brain injuries suffered by a teenager in 2008.

The ruling comes as the company faces a similar lawsuit in Los Angeles, plus a complaint by thousands of former NFL players against the league and Riddell. The jury in Las Animas County found that Riddell was negligent in failing to warn people wearing its helmets about concussion dangers. The jury assessed 27 percent of the fault for Rhett Ridolfi's injuries, making the company responsible for paying $3.1 million of the damages.

Ridolfi's family sued Riddell and his coaches after Ridolfi suffered a concussion in a Trinidad High School football practice. He was not immediately taken to the hospital and now has severe brain damage, as well as paralysis on his left side.

Three people reached confidential settlements before Saturday's verdict, but two coaches were still defendants at the trial. Ridolfi's lawyer, Frank Azar, said Sunday that he will ask a judge to find Riddell responsible for paying all $11.5 million in damages. "I think this jury has said they're in very serious trouble," said Azar, who said he is representing between 10 and 20 former NFL players with complaints against Riddell.

These lawsuits against Riddell, the NFL, and other parties have been brought following serious long-term brain damage resulting from concussions. Lawsuits like these will hopefully help motivate the parties involved to fully inform people of the risks of long term brain damage and make attempts to reduce long-term damage of players in the future.

If you or someone you know have been seriously injured while participating in sports, contact the attorneys at Abraham, Watkins, Nichols, Sorrels, Agosto & Friend by calling 713-222-7211 or 1-800-870-9584.

NHTSA Investigates Dodge Viper, Ford Crown Victoria and Porsche 911 Due to Crash Hazard

2013-05-03T13:14:59Z

The U.S. Department of Transportation's National Highway Traffic Safety Administration (NHTSA) recently opened three separate investigations due to vehicle defects which pose serious crash hazards. The investigations cover the Dodge Viper, Ford Crown Victoria police cars, and the Porsche 911. The NHTSA classifies these investigations as preliminary evaluations which could be upgraded to a more serious engineering analysis or a recall if investigators find reason for concern.

According to a report posted on the agency's website, the NHTSA is investigating the Dodge Viper due to concerns that the rear suspension knuckle may break while driving, which could cause the driver to lose control and crash. The investigation was prompted by two complaints to the NHTSA's Office of Defects Investigation (ODI) in which vehicle owners said they lost control of their vehicle and crashed due to a rear suspension knuckle failure. The NHTSA investigation covers approximately 2,500 third-generation Dodge Vipers including 2005 and 2006 model years.

NHTSA has also opened an investigation into Ford Crown Victoria police vehicles due to reports of potential steering issues. According to the agency's website, a link between the upper and lower shafts of the steering column may fail causing the steering wheel to disconnect from the power steering unit. Five complaints have been filed with NHTSA. However, no crashes or injuries have been reported. NHTSA's probe covers 195,000 Ford Crown Victoria vehicles, including model years 2005 to 2008.

The NHTSA is also investigating Porsche 911 vehicles equipped with GTI engines due to concerns with the cooling system. The investigation covers approximately 10,000 Porsche 911 models ranging from model years 2001 to 2007. According to reports, at least 10 Porsche owners filed complaints claiming that a coolant hose attached to the engine failed, leading to sudden coolant loss beneath the vehicle. There were no crashes or injuries reported. However, the agency said that the coolant's slippery properties could affect tire traction as well as the safety of motorists traveling behind the affected vehicles.

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

Lawsuit Against Brain Surgeon and Hospital for Operating on Wrong Side of Brain

2013-05-02T19:00:41Z

Just last Friday, a lawsuit was filed against SSM Health care-St. Louis and neurosurgeon, Dr. Armond Levy, for medical malpractice in Missouri state court. What is so shocking is that the brain surgeon operated on the wrong side of Regina Turner's brain. Turner was scheduled for "left-sided craniotomy bypass" on April 4, 2013 at St. Clare Health Center in Fenton, Missouri. Instead, Turner received a "right-sided craniotomy surgical procedure" the lawsuit alleges.

While Turner was having neurological problems prior to the surgery, Turner "was mobile, cognizant and able to care for herself" according to the suit. After the incorrect surgery, Turner now "requires around-the-clock care for her basic needs." Dr. Levy, the surgeon charged with the error, is one of seven board certified neurosurgeons associated with SSM Neurosciences Institute. According to Turner's attorney, this surgeon did not attempt to hide or cover-up the error; however, he will be held accountable in this case.

How did this happen? According to St. Louis Post Dispatch, hospital safety experts characterize these types of events as "never events," meaning that such events should never occur with proper vigilance by hospital staff and surgeons. The experts also characterize such events as "systems or process breakdowns." In other words, these events stem from when the hospital or surgical center lacks proper systems and processes to "mistake-proof" such errors. According to Turner's suit, SSM's hospital staff improperly prepared the operating room and "stood by and watched A.L. [Dr. Levy] operate on the wrong side of plaintiff's [Turner's] skull and brain when they could have prevented the error." Turner's attorney added that once the operating team realized they had made an error, a second surgery was performed on Turner's skull. However, it was too late to correct the irreparable damage caused by the wrong-site surgery, or "never event."

The lawsuit is seeking compensatory damages for Turner's personal damages and punitive damages sufficient to punish the defendants for "complete indifference to or conscious disregard for the safety of Regina Turner." Currently, Missouri has no cap on medical malpractice lawsuits after the Missouri Supreme Court struck down such arbitrary limits as unconstitutional. Accordingly, if this makes it to trial, a jury of Turner's peers will likely decide the fair amount of compensation for Turner and her life-altering injuries as a result of this "never event."

If you or someone you know have been injured by a wrong-site surgery or medical malpractice, contact the attorneys at Abraham, Watkins, Nichols, Sorrels, Agosto & Friend by calling 713-222-7211 or 1-800-870-9584.

Law Allowed Regulators to Keep West, Texas Residents Clueless of Dangers

2013-05-01T13:20:45Z

According to a recent editorial in the Dallas Morning News, West residents were clueless about the extreme dangers they were living next to until an April 17 explosion killed 15 and devastated a 35-block area. This was not an accident this information was never shared, but on purpose. A little-known section of Texas law allows agencies to withhold information they regard as confidential concerning the handling, storage and transportation of extremely hazardous chemicals. Not only can state agencies claim the right under the law to ensure that the public remains in the dark, they can assert the right to not even explain why they will not release data.

After the West explosion, The Dallas Morning News and other news organizations filed requests for records identifying all entities producing, selling, storing or transferring ammonium nitrate in Texas. The Department of Homeland Security requires anyone possessing more than 400 pounds of ammonium nitrate - the same chemical used to blow up the Alfred P. Murrah Federal Building in Oklahoma City in 1995 to register. West Fertilizer had up to 540,000 pounds at the plant in its last 2012 report.

The News also asked for records regarding compliance at West Fertilizer and its parent company, Adair Grain Co. Texas A&M AgriLife Research, which houses the office in charge of the documents, asserts that Texas law exempts it from disclosing what it regards as confidential data. The written reply refusing to supply all the information sought by The News bizarrely included a blank page that contained only the heading "Section 552.101 - Exception: Confidential Information." Merely explaining its justification apparently risked revealing the confidential information that Texas A&M AgriLife Research was trying to withhold. (The News has appealed the decision to Attorney General Greg Abbott.) It is hard to read between the lines of a blank page, but Texas A&M AgriLife Research almost certainly wants to avoid guiding terrorists to sources of potential weapons of mass destruction. That is understandable. But in the process of keeping terrorists guessing, the agency suggests that it is OK to expose the public to untold extreme dangers in our backyards without our knowledge.

"The public has to demand disclosure," U.S. Attorney Sarah Saldaña told this editorial board, responding to questions about the explosion. Her North Texas district doesn't include West. Residents of West had a right to know what they were living next to and that they were constantly being exposed to potential death. For them, the effect was the same whether the blast was caused by corporate negligence or terrorist sabotage. They were denied the right to make informed choices and protect themselves from an imminent danger.

Misdiagnosis is the Most Common Error in Medical Malpractice Claims

2013-04-30T21:19:29Z

The New York Times recently wrote on a blog report identifying what kind of medical error accounts for most malpractice payments. As it turns out, it is not surgical mistakes, medication errors or labor and delivery mishaps.

Looking at the most common cause of paid claims for malpractice, the report concluded that making errors in diagnosis was the most common reason.

The article noted, "Using the National Practitioner Data Bank, which records actions taken by state licensing authorities against health care practitioners, researchers found that 28.6 percent of malpractice payments are for diagnostic mistakes."

The New York Times cited an online study, in BMJ Quality and Safety (touting itself as "The international journal of healthcare improvement") which found more than 100,000 payments for diagnostic error from 1986 to 2010. "Diagnostic blunders accounted for 33.8 percent of the disabilities and almost 40 percent of the deaths that resulted in malpractice payments."

The Times went onto note that the senior author of the research paper, Dr. David E. Newman-Toker, an associate professor of neurology at Johns Hopkins, said that "this is a major health problem," and that physicians, hospitals and insurers all need to contribute to fixing it. "At the policy level," he said, "there is no institute that views it as their problem."

Newman-Toker noted, "There's a lot of room for improvement," he continued. "You can't get the treatment right if you don't get the diagnosis right."

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