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Verdicts & Settlements
  • Smalley v. Koch Industries; Koch Pipeline - a wrongful death case
  • Waldrip v. U-Hall - a personal injury case
  • Wiles v. Ford Motor Company - a products liability case
  • Bjerke v. Pierce Mortuary
  • Kahl v. Licker - a wrongful death case
  • Knight v. Dr. Steele & East Texas Anesthesiology
  • Kenyon v. Jerry Mooty, Jr. - a personal injury case
  • Avance v. H.B. Zackry Co. et al. - an automobile accident case
  • Burns v. Caterpillar - a products liability case
  • Skrine v. Victory Gym & Fitness - a personal injury case
  • Castleman v. America's Favorite Chicken - a work injury case
  • Pinales v. HI LITE Industries - a chemical injury case
  • Ogburn v. Sanmina-SCI Corporation - a personal injury case
  • Dunlap v. Excel Corporation - a personal injury case
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Mesquite Personal Injury Law Blog

Death due to defective product often mislabeled in FDA report

Manufacturers of medical devices are required to send reports to the U.S. Food and Drug Administration if patients' deaths are related to the use of the devices. The FDA leaves it up to the manufacturer to decide if a death was connected to the product. However, recent investigations show that sometimes a manufacturer will misclassify a death to lower the priority of the report. When this happens, patients in Texas may not have enough information to protect themselves from a defective product.

A patient died few hours after receiving a damaged cardiac stent implant. The stent manufacturer reported the death as a malfunction. Another patient died of a septic infection which developed after the patient received a knee injection. The company that made the injection product labeled the death as an injury. By reporting deaths as "malfunctions" or "injuries," the makers of potentially defective devices lower the priority of the report in the FDA's review system.

Fatal accident at Texas-owned water park raises safety questions

On hot summer days, nothing is more refreshing than an afternoon at a water park. However, a recent fatal accident involving a 10-year-old boy at a water park owned by a Texas-based company has raised questions about the safety of the company's four parks in Texas. The National Safety Council does not seem confident in its assessment of the parks, but the owners insist they are committed to safety.

A string of accidents this summer has brought amusement parks under intense scrutiny. Because there are no federal standards governing the safety of rides or the reporting of incidents in permanent amusement parks, the tracking of injuries is not always reliable. In Texas, the park operator is required to have all rides inspected each year by its own insurance company and to carry a liability policy worth $1 million for each ride. The state government does not inspect any ride, even after an injury has been reported.

Defective product in airbags is causing injury and death

For over a year, the National Highway Traffic Safety Administration has been investigating reports of injuries and fatalities caused by exploding airbags. The explosions are caused by a malfunction in the inflation system of the airbags. Recently the NHTSA has expanded its inquiry to include a second manufacturer of the inflators, and motorists in Texas and around the world are impacted by this defective product.

More than 100 million cars manufactured by General Motors, Fiat Chrysler, Hyundai and Kia through 2004 are the focus of the investigation. However, newer models may also contain the dangerous inflators. The devices inflate the airbags with a mixture of high pressure gas and ammonium. Investigators are trying to determine why the inflators are exploding, sending shards of metal into the faces and necks of drivers and passengers.

Texas aviation accident renews call for balloon tour regulations

Gliding through the sky in a hot air balloon is like a fantasy for some. People will gladly pay high fees for a few moments of rising above the earth and floating peacefully over civilization. However, an aviation accident involving a hot air balloon seems to be a more frequent occurrence lately. A recent balloon tragedy in Texas has stirred up an old disagreement between two government agencies responsible for the safety of travelers.

Two years ago, the National Transportation Safety Board warned the Federal Aviation Administration that government standards needed to be placed over operators of balloon tour companies. In its report, the NTSB cited a recent balloon accident in Egypt that took the lives of 19 people, as well as three other hot air balloon accidents they investigated. The agency identified deficiencies, such as pilots who did not follow basic flight procedures or operated tours in dangerous weather conditions. They called for more regulation, beginning with alcohol and drug testing.

Texas man suffers brain injury when truck plows into crash scene

Injuries to the head can be life-changing. If a person survives an accident that causes a traumatic brain injury, the victim may face a lifetime of medical procedures and physical therapy. Additionally, the person's family may be profoundly affected by the injury. A Texas man and his family are learning that now as he fights to recover from an accident that nearly took his life.

An EMT was working a shift at a local dragstrip when an accident occurred right outside the gates of the strip. The EMT and his partner went to see if everyone was all right. Suddenly, a pickup truck crashed into the scene of the accident, striking the EMT and landing with a wheel on his chest. Witnesses rushed to pull the EMT out from under the truck. Meanwhile, the driver fled the scene on foot.

Two-thirds of all car accidents may involve road rage

Behaviors people in Texas do not find acceptable when walking behind someone on the sidewalk are apparently standard when behind the wheel of a car. In fact, in a recently released survey by the AAA Foundation for Traffic Safety, almost 80 percent of drivers admitted to tailgating, shouting or swearing at a slower vehicle in front of them. Even more disturbing, the National Highway Traffic Safety Administration reports that more than 60 percent of fatal car accidents are the result of some form of aggressive driving.

The AAA study found that almost 90 percent of drivers fear for their safety at the hands of an aggressive driver, yet nearly half of those surveyed admitted they had tailgated a slower vehicle or shouted at another driver. It is estimated that 8 million drivers may go even further in expressing their impatience on the road, escalating to purposely bumping another vehicle or even exiting their vehicle to challenge another driver. Apparently males between the ages of 19 and 39 are more likely to exhibit these types of aggressive behavior than other groups of people.

Employers are responsible for maintaining safe working conditions

Employers have a legal obligation to keep their workplaces safe. When they do not, they can end up with not only citations from the Occupational Safety and Health Administration, but could also end up facing personal injury lawsuits from injured employees. If the unsafe workplace led to injuries for others -- such as pedestrians or bystanders -- this can also equate to a lawsuit against the employer.

Car accidents in Texas may decline with autonomous vehicles

The recent accidents involving self-driving cars have not dampened the optimism of proponents of this exciting feat of engineering. Driverless motor vehicles promise a future of safer highways and fewer car accidents in Texas and across the country. However, it may take a while for legislation and public opinion to catch up with technology.

Using sensors like radar, ultrasound, cameras and lasers, the new cars are able to interpret the situations around them and adapt accordingly. Of course, there are countless variables in a typical drive, and programming algorithms for all of them is a challenge for engineers. The goal is that by reacting without human emotion or distraction, autonomous cars may radically change the way the world drives.

IKEA dresser is a dangerous product in Texas homes

Some in Texas and across the country are wondering why it took six deaths and almost 20 injuries for IKEA to institute a recall of one of its most popular dressers. Others applaud the sweeping recall of 29 million dressers and chests that may put a financial drain on the Swedish-based furniture giant. In either case, IKEA faces legal action as parents seek compensation for the suffering caused by this dangerous product.

In February 2014, a toddler died after being pinned under a dresser that was purchased at IKEA. A few months later, a 23-month-old boy was similarly trapped when a chest tipped over onto him. A third child died this past February when a dresser he was climbing on fell over and crushed him. According to the U.S. Consumer Safety Commission, the design of this brand of dressers does not comply with voluntary safety measures in the country.

Seeking compensation after an aviation accident

Air traffic involving different types of aircraft in Texas is increasing at a rapid pace. While traveling by air is typically regarded as a safe means of travel, a single aviation accident can claim multiple lives and/or injure many people. Recovery of damages brought about by a plane crash may be pursued, but navigating such claims may be difficult.

The laws governing aviation accidents cover major air carriers along with non-commercial aircraft that is classified as general aviation. This category includes light planes, business jets of any size, charter flights, helicopters, pleasure crafts such as hot-air balloons and hang gliders. Regardless of the size of the aircraft, most accidents involve some level of negligence.

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