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What is Distracted Driving? Know your car accident law!

By | Auto Accidents | No Comments

Do you know what constitutes distracted driving?

It helps to know your automobile wreck law.

Watch this video to learn more:

Have you been in an accident where distracted driving — like texting while driving?  Was someone injured?

Know your rights!

Contact us today to learn more about what injuries mean in terms of the law.  We are very experienced at helping people who need a car accident lawyer.

What is Distracted Driving -- Accident Lawyer

Stop Distracted Driving to Reduce Car Accidents!

By | Auto Accidents, Car Crash | No Comments

Texting or other distractions while driving can definitely cause car wrecks that everyone will regret.  Then you will want to hire a lawyer to help you with receiving your settlement or to protect yourself from having to pay a big settlement!

Here is a good video about distracted driving:

Here’s a fun car accident image from the video above:

Distracted car accident driving screenshot

Call me today to get the legal help you deserve!

Xarelto

By | Class Action | No Comments

The FDA approved Xarelto – generic name rivaroxaban – for use as a blood thinner in 2012. This was big news, as it was the first oral anti-clotting drug to gain approval in nearly 60 years. Bayer HealthCare Pharmaceuticals and Janssen Pharmacetucials, a subsidiary of Johnson & Johnson, jointly market Xarelto. While Xarelto has helped many people avoid blood clots, others have suffered from dire blood-related side effects, resulting in an increasing number of lawsuits in the US and abroad. The problem is that unlike warfarin, Xarelto’s long-established blood thinning competitor, pharmaceutical companies haven’t yet developed a reversal agent for internal bleeding caused by Xarelto.

Uses for Xarelto

Patients recovering from hip and knee replacement surgery are at heightened risk for blood clots in their legs and lungs, also known as deep vein thrombosis and pulmonary embolism. Doctors prescribe Xarelto to minimize these risks. Deep vein thrombosis usually forms in the deep veins of the thigh or lower leg. Pulmonary embolism is when a clot escapes from a deep vein and journeys to an artery in a lung, blocking blood flow. People with atrial fibrillation are also candidates for Xarelto, if their condition isn’t caused by a heart valve problem. Using Xarelto could help such people prevent a stroke.

Xarelto, Bleeding and Blood Clots
  • Nosebleeds
  • Heavy menstrual bleeding
  • Bleeding gums
  • Severe, uncontrollable bleeding
  • Dizziness or fainting
  • Bloody or tarry stools
  • Back pain
  • Pink, brown or red urine
  • Tingling, numbness or even paralysis
  • Coughing up blood
  • Pain and drainage at wound sites
  • Bladder or bowel troubles
  • Vomiting blood
  • Vomiting something that resembles coffee grounds
  • Once you start taking Xarelto, stopping suddenly is dangerous. It can even increase your risk for developing a blood clot. This means you must stay on top of your prescriptions, laying in a new supply before finishing your last pills. If you are a forgetful pill taker who sometimes misses doses, Xarelto can be a very dangerous drug. Xarelto doesn’t mix well with other drugs. You may increase your risk for excessive bleeding if you combine Xarelto with:

    • Warfarin, sold under the brand names Coumadin and Jantoven
    • Aspirin or products which contain aspirin
    • Non-steroidal anti-inflammatory drugs (NSAIDs)
    • Medications containing heparin
    • Clopidogrel, brand name Plavix

    Getting a spinal tap or receiving spinal anesthesia is dangerous while on Xarelto. You have a higher risk of forming a blood clot in your spine, which could leave you paralyzed. Since Xarelto has no reversal agent, if you start bleeding severely while on the drug, you may bleed to death. Commercials and Lawsuits Law firms around the country have produced commercials urging wronged patients and their survivors to file lawsuits against Janssen and Bayer. Plaintiffs seek compensation for lost wages, medical expenses, pain and suffering. Some claim that the pharmaceutical companies failed to fully inform patients about Xarelto, especially the fact that severe bleeding can be irreversible. The FDA received 680 reports of serious complications from Xarelto in the first three months of 2013. The problem goes well beyond the US. In the first eight months of 2013, 968 Xarelto-related mishaps were reported to German health officials, including 72 deaths. If you or a loved one have suffered serious consequences – even death – from Xarelto, it may be time to consult a personal injury lawyer. You won’t be alone. In only two years, this drug has caused many serious health problems and fatalities.  

    Spotlight on Cook IVC Filters

    By | Uncategorized | No Comments

    Cook manufactures two types of retrievable IVC filters that have come under lots of scrutiny: the Gunther Tulip and the Cook Celect. Part of the problem is that while these filters are, in theory, retrievable, it’s not that easy in practice. Also, the longer the filter remains in place, the harder it is to remove.
    This can lead to complications. The Gunther Tulip, which was introduced in 1992, features four legs and 12 filter wires designed to catch blood clots. The FDA approved the Cook Celect in 2008. Its hooks sometimes get embedded in the vena cava, inhibiting removal. After being in place for three to four months, the risks of complications from retrievable IVC filters increase. These complications can include:

    • Filter migration
    • Bleeding
    • Fractured filter (increasing difficulty of removal)
    • Cardiac tamponade (pressure from heart from buildup of blood or other fluids)
    • Infection
    • Chest pain
    • Embolization
    • Damage to organs
    • Death

    At the time of posting, at least 27 lawsuits involving IVC filters had been lodged against Cook Medical in 11 different districts. Plaintiffs hope to transfer all the litigation to one place, the U.S. District Court for the Southern District of Indiana. Cook Medical is based in Bloomington, Indiana. The company started in 1963 in the spare bedroom of founder Bill Cook. It focused on manufacturing devices for minimally invasive medicine. By the 1990s, Cook had become the biggest privately owned medical device manufacturer in the world. In 2008, Forbes ranked Cook as number 324 of America’s largest private companies.

    The Case Against Risperdal

    By | Uncategorized | No Comments

    Like many prescription drugs, the magnitude of Risperdal’s side effects only came to the public’s awareness after many people had been negatively affected. Risperdal has many downsides. But the one that’s garnered the most attention is young men growing breasts after regular use. This can lead to psychological damage, and to painful procedures like liposuction to reverse breast growth. Many young men who’ve experienced this condition, called gynecomastia, have successfully sued the drug’s manufacturer.

    The Drug and its Uses

    Risperdione, the generic name for the medication sold as Risperdal, was originally used to treat schizophrenia. It rebalances the neurotransmitters serotonin and dopamine to improve mood, thinking and behavior.

    But since being approved by the FDA in 1993, doctors have expanded the conditions they treat with Risperdal. People with anxiety, depression and attention deficit disorder became candidates for the drug. Many of these patients were children. Doctors prescribed Risperdal to make autistic people less irritable. Elderly people with dementia also were prescribed Risperdal, mostly to make their behavior easier for nursing home staff to manage. Janssen, a pharmaceutical subsidiary of Johnson and Johnson, promoted Risperdal as a solution for the confusion, hostility, agitation and impulsiveness that often accompanies dementia.

    Side Effects

    Unfortunately, Risperdal has a long list of side effects. Soon patients were suffering, with some of the worst side effects commonly afflicting children and the elderly.

    Risperdal’s common side effects include dizziness, increased heart rate, headaches, fatigue, sexual dysfunction, constipation and increased appetite.

    More serious and less common side effects include increasing the hormone prolactin. This hormone, produced in the pituitary gland, is crucial for lactation. When it’s artificially stimulated by medication, it can lead to osteoporosis and increased bone fractures. Women can stop having their menstrual period. Boys and men may experience erectile dysfunction, lose their sex drives and grow breasts. They may even develop galactorrhea, which means their enlarged breasts begin to produce milk.

    Other serious side effects include high blood sugar, weight gain, diabetes and uncontrollable movements such as jerking, tremors, chewing and tongue rolling. Elderly people – such as those being treated with Risperdal for dementia – face an increased risk of strokes.

    Lawsuits

    All these awful side effects have led to lawsuits. Since 2012, Johnson and Johnson has been settling lawsuits involving the drug. Some of the plaintiffs were men who experienced gynecomastia and galactorrhea after using Risperdal. The company also paid $2.2 billion in civil and criminal fines in 2013 for improperly marketing Risperdal to children and old people.

    A Continuing Issue

    Since many people have suffered from gynecomastia, galactorrhea, and other Risperdal-related side effects, the lawsuits will continue. Hopefully, many of the afflicted will receive justice and healthy settlements.

     

    10 Steps to Take after a Car Accident

    By | Auto Accidents, Car Crash | No Comments

    No question about it. Accidents are scary. But if you know what to do ahead of time, the post-accident process will be much less traumatic.

    And if you have reason to file a claim against another driver, taking the necessary steps will strengthen your case.

    Here are ten steps to take if after a car accident.

    1. Assess the situation
    If possible, move your vehicle so it doesn’t obstruct other traffic. Assess the scene for fire or other potential dangers. If you and your passengers are relatively unharmed, make sure everybody is in a safe area.

    2. Call 911
    Call the police and make it official. Stay at the scene. You’ll probably need to file an accident report. If you leave the scene after an accident, your license could be suspended.

    3. Exchange information
    You and the other drivers, pedestrians and passengers involved must trade information. Exchange names, address, contact info, driver license numbers, license plate numbers and auto insurance information. If possible, get contact information of any witnesses who saw the accident.

    4. Take photos
    Get out your phone and take some pictures. Shoot the overall scene and the cars involved. Get close-ups and wider views that show weather and traffic conditions.

    5. Record other pertinent information
    Jot down anything you notice about weather, road conditions and the other people involved. Note the time of day. If there’s any physical evidence, such as a blown tire in the road that made you swerve, photograph it, point it out to police or bring it with you. Later you might want to return to the scene to add to your recollections. Write down a summary of the accident before you forget important details.

    6. Go to the hospital
    If you’re injured, have the ambulance take you to the hospital or get somebody to take you to the hospital. You might be in shock and not realize that you’re hurt. Having a record of a post-accident hospital visit can also help assess your injuries.

    7. Contact an attorney
    A qualified personal injury lawyer will help you handle your case in the most effective way possible. The sooner you seek representation, the better. Your attorney will help you handle communication with the defendant and insurance companies. Don’t give any statements on your own. Your attorney should be there to help and advise you. In Texas, you must file any car accident-related personal injury or property damage lawsuits within two years of the accident.

    8. Report the accident to your insurance company
    This should be done as soon as possible. You should report the collision and ask for the insurance coverage provided by your insurance company that will cover the collision. Some types of insurance that will cover collisions that are not your fault are: personal injury protection, underinsured motorist protection, and med-pay. These insurance policies will provide coverage even if the person who caused the wreck has insurance.

    9. File an accident report
    If a report wasn’t made at the scene, Texas law requires you to fill out a crash report within 10 days of an accident. This law applies if there was more than $1,000 property damage or if the accident caused injury or death. The Texas Department of Transportation will require all your insurance information as well as details of the crash.

    10. Retain all documents and keep them in one place
    You should keep all estimates, photographs, notes and reports in one place. If the collision caused personal or property damage, the insurance company and possibly a lawyer, will want to review the relevant documents that you have collected.

    What Constitutes Significant Injury?

    By | Auto Accidents, Injury Law | No Comments
    • A driver rear ends your car while you’re waiting to make a left turn. Your car is fine, but suddenly you can barely move your neck.
    • You’re striding through a crosswalk.
      A driver chatting into her cell phone hits you, breaking your leg.
    • A driver on the interstate falls asleep at the wheel, crosses the center line, and hits you head on. You sustain a serious head injury.

    These three examples illustrate the fate that can befall anybody, any day. You go from minding your own business to having an injury that will deplete you mentally, physically, emotionally and financially. These are all significant injuries.

    87,087 people suffered serious injuries in 2012 on Texas roadways, according to the Texas Department of Transportation. This means that a person was injured every two minutes and 17 seconds. This is a lot of significant injury.

    Types of Significant Injury

    While there’s no end to the types of injuries you can sustain in a traffic accident, here are a few of the most common.

    Spinal Cord Injuries: More than 40 percent of new spinal cord injuries are caused by car and motorcycle accidents. These range from moderately painful to paralysis. Rear-end collisions are especially notorious for causing spinal cord injuries, as they tend to throw your neck backwards and forward farther than your cervical spine is meant to go. This soft-tissue injury is also known as whiplash. Signs of spinal cord injury include difficulty with balance, weakness of any body part, a back or neck that feels twisted, numbness is your extremities, labored breathing and loss of bladder or bowel control.

    Broken Bones: With enough impact, any bone in your body can break. Broken bones may necessitate surgeries, casts, the insertion of metal pins or plates and a long recovery time.

    Facial Injuries: These may not be as physically debilitating as some other injuries, but damage to your face takes a heavy psychological toll. Facial injuries can lead to scarring or disfigurement requiring painful plastic surgery.

    Types of Damage Claims

    If you’ve sustained a significant injury in an accident, you might be able to collect money to offset your financial and emotional costs. Types of claims include:

    • loss of future earning potential
    • wage loss
    • emotional suffering
    • physical pain
    • temporary or permanent disability
    • medical expenses, from ER to massage therapy
    • loss of enjoyment of life

    Importance of Documentation in Significant Injury Cases in Texas

    When you’re in shock and pain from an accident, you’re probably not thinking about gathering documentation. But as soon as you’re able, jot down everything you can remember about your accident. Details such as time of day, force of impact, visibility factors, positions and speed of the vehicles, loads the vehicles were carrying, etcetera, can help you make your case. Under Texas law, such factors as the driver’s speed and whether or not he was intoxicated will affect his personal injury liability. If possible, get somebody to take photos at the scene.

    Your medical records are also crucial evidence, should you file a personal injury suit. Keep copies of all records. Start a daily journal documenting your pain level, medications prescribed and how your injuries impact your everyday life. If you suffer a significant injury, you deserve to be compensated. And good records will help.