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Posts tagged "injury"

Supreme Court Rules Against Malpractice Victims

A baby allegedly injured by malpractice during delivery at a public hospital has no right to sue the negligent doctors employed by the hospital. That is the result of a recent ruling from the Texas Supreme Court in Franka et al. v. Velazquez, et al., ___ S.W.3d ___ (Tex. 2011)(1/21/11).

Minimum Auto Liability Limits to Increase in Texas

On January 1, 2011, the minimum amount of automobile liability insurance coverage for Texans is going to increase. Under current Texas law, a driver must carry liability insurance limits of at least $25,000.00 for each injured person, $50,000.00 limits per accident, and $25,000.00 for property damage per accident. This particular coverage is often referred to as 25/50/25 coverage. The new law will require Texas drivers to carry 30/60/30 coverage.

CHAPERONE INFANT CAR SEATS RECALLED - CHOKING AND LACERATION HAZARDS

On November 4, 2010, the United States Consumer Product Safety Commission and Britax Child Safety Inc. announced a voluntary recall of the Chaperone Infant Car Seat. According to the recall, approximately 23,000 of these units have been imported into the United States from China. These units were sold at retailers nationwide and on the Britax website from June 2009 to October 2010 for about $230. This product was also recalled by the National Highway Traffic Safety Administration.

General Motors Recall

In the most recent recall from the automobile industry, General Motors is recalling more than 300,000 Chevrolet Impala sedans due to failure of its seatbelts. As reported on the website of the National Highway Traffic Safety Administration, the front seatbelt webbing of the 2009 and 2010 Chevrolet Impala may not be secured properly to the lap belt anchor on the side of the seat near the doors - which is a violation of Federal Motor Vehicle Safety Standard No. 210 (Seat Belt Assembly Anchorages). As a result, the seatbelts may fail to restrain people in the front seats during a crash and could cause injury or death. It is believed that there are 303,100 vehicles involved in this recall that are in the United States, as well as 19,000 vehicles in Canada.

General Motors recall

In the most recent recall from the automobile industry, General Motors is recalling more than 300,000 Chevrolet Impala sedans due to failure of its seatbelts. As reported on the website of the National Highway Traffic Safety Administration, the front seatbelt webbing of the 2009 and 2010 Chevrolet Impala may not be secured properly to the lap belt anchor on the side of the seat near the doors - which is a violation of Federal Motor Vehicle Safety Standard No. 210 (Seat Belt Assembly Anchorages). As a result, the seatbelts may fail to restrain people in the front seats during a crash and could cause injury or death. It is believed that there are 303,100 vehicles involved in this recall that are in the United States, as well as 19,000 vehicles in Canada.

Supreme Court Reverses Itself

Recently, the Supreme Court reversed its own ruling from just one year before and dismissed a claim brought by a patient in a hospital. In the case of Marks v. St. Luke's Episcopal Hospital, ___ S.W.3d ___ (Tex. 2010(8/27/10), the Court overturned its holding in the matter from almost exactly one year earlier.

Health Care Practitioners

In a recent review of common mistakes made by health care practitioners, one state (Washington) found there was likely a significantly underreporting issue involving cases of pharmaceutical and medical errors. It is likely Washington State is not the only state in the nation that has an underreporting problem. In fact, nationwide the Institute of Medicine estimates medication errors injure 1.5 million people nationwide every year. In hospitals alone, the Institute found in 2006 there were 400,000 preventable drug-related injuries. This is clearly an epidemic!
In a time when it is deemed by some to be a political advantage to advocate for medical malpractice caps and statutory limitations, there is no evidence, study or proof of any sort to indicate there is a trend of decreasing medical errors that would justify some truly inequitable "reform" remedies such as caps on damages suffered by those who are the victims of malpractice. Those who live in states that have imposed caps on medical malpractice damages, and who are also victims of medical malpractice, can attest to the gross miscarriage of justice suffered under the arbitrary limitations. Legislators across our nation should ask for concrete facts before supporting "medical malpractice reform."

Workplace Deaths Rise in Texas

In 2009, at least 480 Texas workers lost their lives while working their jobs. This statistic is part of a disturbing trend, and represents a nearly 4% increase in on-the-job deaths from 2008 in Texas. The United States Bureau of Labor Statistics found an opposite trend nationwide. Using the preliminary data, it appears that work related deaths dropped 17% across the country.Statistics can sometimes be a deceiving tool. For example, there was a nationwide increase in unemployment and 2009, and this could explain the significant decrease in on-the-job deaths throughout the nation. But in Texas, we have seen an increase in the number of calls to our law firm concerning on-the-job injuries and deaths. There is likely a correlation between the shrinking economy and corporation's continued commitment to safety. It is time for companies throughout this state and the nation to rededicate their resources and personnel to making our jobsites safer, and decrease the number of injuries and deaths immediately.So while Texas may be leading the country in job increases, we are also unfortunately leading the country in work related deaths. Let's stop this trend in its tracks.

Awards & Recognition

  • 2016-2017 Equal Access to Justice Champion

    The Equal Access to Justice Champions Program was started by the Houston Bar Association in 2006, to help ensure placement of Houston Volunteer Lawyers cases with pro bono volunteers. Originally, firms were tiered according to size, and firms within each tier committed to accept a certain number of pro bono cases from HVL each year for five years.

  • The National Trial Lawyers | Top 100 Trial Lawyers

    The National Trial Lawyers: Top 100 is an invitation-only organization composed of the premier trial lawyers from each state or region who meet stringent qualifications as civil plaintiff and/or criminal defense trial lawyers. Selection is based on a thorough multi-phase objective and uniformly applied process which includes peer nominations combined with third-party research.

  • Million Dollar Advocates Forum

    Established in 1993, the Million Dollar Advocates Forum (which includes the Multi-Million Dollar Advocates Forum) is one of the most prestigious groups of trial lawyers in the United States. Membership is limited to attorneys who have won million and multi-million dollar verdicts and settlements. There are over 4000 members throughout the country. Fewer than 1% of U.S. lawyers are members.

  • Recognized by Best Lawyers America | Abraham, Watkins, Nichols, Sorrels, Agosto & Aziz | 2017

    Recognition by Best Lawyers is based entirely on peer review. Their methodology is designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area.

  • Lead Counsel Rated

    In order to earn the Lead Counsel Rating, an attorney must not only demonstrate significant legal experience, but must also receive multiple peer recommendations advocating his or her ability. This is a key component in the screening process.

  • Texas Super Lawyers | Texas Monthly

    Each year, Super Lawyers recognizes the top lawyers in Texas via a patented multiphase selection process involving peer nomination, independent research and peer evaluation. The Texas lawyers who receive the highest point totals during this selection process are further recognized in Texas Super Lawyers Top Lists.

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  • $50+ Million Personal Injury Fire and Explosion

    The firm successfully represented nearly 100 victims who suffered personal injuries and damages to property from a large fire and explosion resulting in a settlement of more than $50 million. The firm served as lead lawyers on the steering committee in this litigation.

  • $80 Million Personal Injury Large Plant Explosion

    The firm successfully represented 270 plaintiffs', taking a lead role in the plaintiffs' steering committee, who suffered injuries in a large plant explosion resulting in a settlement of nearly $80 million.

  • $50+ Million Personal Injury Plant Fire and Explosion

    The firm successfully represented 45 personal injury victims in a plant fire and explosion, serving on the plaintiffs' steering committee, concluding with a settlement of more than $50 million.

  • $22+ Million Personal Injury Work Site Accident

    The firm prevailed in a personal injury trial for a worksite injury client with the jury returning a verdict and resulting in a judgment of over $22 million for the firm's client.

  • $12 Million Auto Accident 18-Wheeler Collision

    The firm successfully achieved a $12 million settlement for the family of a man who died in an 18 wheeler collision.

  • $30 Million Personal Injury Burn Victims

    The firm prevailed on behalf of three burn victims with settlements totaling nearly $30 million.

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