Archive for December 2009
Hypertension Medication Contaminated with Metal | Dallas, Texas Personal Injury Attorney Blog
Medicines Co. has issued a warning and a recall to users of the hypertension medication Cleviprex. So far, the warning and recall extends to 11 lots of the intravenous hypertension drug Cleviprex because it has been found to be contaminated with bits of stainless steel. The cause and scope of the contamination are still unclear. The company has not determined how many vials of the drug were affected by the problem because the lots vary by size.
The Food and Drug Administration said in a notice Thursday that the particles could potentially disrupt blood flow to the brain, kidney, liver heart and lungs. Cleviprex is used to lower excessively high blood pressure in patients who cannot take pills. It is distributed to doctors for injection in patients who are undergoing surgery. In a letter to health care professionals, the company recommends doctors inspect vials of the drug for possible contamination before using them.
If you are scheduled for surgery and if you suffer from hypertension, be sure to discuss whether your doctor intends to use this medication in connection with your surgery.
Video of Fuel Truck on Fire on the Dallas North Tollway | Dallas, Texas Personal Injury Attorney Blog
Video of the tanker truck that caught fire after it hit a barrier on the ramp from the Dallas North Tollway to the George Bush Turnpike in the early morning hours of December 18, 2009 has been released by NBC news. The video was taken by Jonathan Bierschank, who lives in a nearby apartment complex after he heard the crash. The Department of Public Safety has not publicly released a report detailing its finding of the cause of the crash, but they did confirm that unfortunately, the driver of the 18 wheeler died in the crash.
Fortunately, no other vehicles were involved in this incident, but this incident still shows how important the public’s safety needs to be considered with the hazardous materials that so many 18 wheelers transport through the DFW Metroplex and across the State of Texas each day.
1. Texas leads the nation in accidents involving 18 wheelers;
2. According to a NTSB study, 90% of the crashes involving 18 wheelers were attributed to driver error. In addition, a TxDoT study showed that restricting 18 wheelers from driving in the left lane resulted in a dramatic decline in the number of accidents involving 18 wheelers.
If you or your loved one are injured or killed in an accident involving an 18 wheeler or other commercial truck, contact Rachel Montes or Tom Herald of Montes Herald Law Group, LLP. We are located in Las Colinas, Texas. Call us at (214) 522-9401 for a free, no obligation consultation. Visit our website at https://www.monteslawgroup.com/ for more information about our law firm and our attorneys.
Third Time is No Charm When It Comes To Having Cars Crash Into Your Home | Dallas, Texas Personal Injury Attorney Blog
For the third time, Barbara Tatum of Farmers Branch, has had a car crash into her house. This time, the car crashed through her wall as she was working on her computer. Ms. Tatum said she considers herself lucky to be alive because she had just left the portion of the house where the car crashed through the wall.
Police said the driver apparently lost control of the car, clipped the garage of another home, struck a tree and then smashed into the Tatum’s home. No information was available on whether the driver was under the influence at the time of the incident as is often the case in these types of incidents. The Farmers Branch police issued a citation to the driver for “failure to maintain control,” a Class C misdemeanor.
Ms. Tatun previously had a a motorcyclist crashed in her yard and another driver crashed his car into a different room in her home. She asked the city to put speed humps in the area, but said her request was denied. Now, she says she is going to request a stop sign.
At Montes Herald Law Group, we offer a free consultation with an experienced attorney to discuss your case. We take cases on a contingency-fee basis. This means that unless we get a recovery for you, you owe us no legal fees or expenses. Call (214) 522-9401 to speak to Rachel Montes or Thomas A. Herald at https://www.monteslawgroup.com/ today.
Investigation of Deadly Car Wreck Focusing on Defective Accelator | Dallas, Texas Personal Injury Attorney Blog
The tragic crash in Southlake, Texas that resulted in the drowning deaths of 4 people is now being investigated to determine whether a defective accelerator on the Toyota Avalon may have been the cause of the crash. The accident happened Saturday killing 4 Jehovah’s Witnesses that were out sharing their faith. The car left the road at a high rate of speed, without showing any obvious attempts of stopping or breaking, and ended up in a pond upside down.
As our blog reported, in October, 2009, following the deaths of several people, Toyota reluctantly agreed to initiate a nationwide recall of Toyota cars with accelerator issues. Toyota announced the voluntary recall Sept. 29, one month after a 2009 Lexus ES 350 sped out of control on a suburban San Diego highway, killing California Highway Patrol Officer Mark Saylor, his wife, Cleofe Lastrella, their daughter Mahala and Chris Lastrella, Cleofe’s brother. The final moments of the incident were captured as Chris Lastrella made a frantic 911 call describing Saylor’s futile efforts to stop the car, which crashed through an embankment and burned. The accident and recall prompted Toyota President Akio Toyoda to publicly express remorse. The National Highway Traffic Safety Administration (NHTSA) found in its investigation that the Toyota braking system could lose most of its power and effectiveness when the throttle is fully opened and that other aspects of vehicle design, including using push-button ignitions, could add risk in sudden-acceleration events. As a result, NHTSA issued a statement that the recalled Toyota and Lexus vehicles do have an “underlying defect” that involves the design of the accelerator pedal and the driver’s foot well.
Included in that recall was the Toyota Avalon, the same model vehicle that was involved in this incident. The recall involved almost four million Toyota and Lexis vehicles with a particular floor mat design because of a design defect. According to the Associated Press:
- Toyota Motor Corp. said it will recall 3.8 million vehicles in the United States, the company’s largest-ever U.S. recall, to address problems with a removable floor mat that could cause accelerators to get stuck and lead to a crash.
- The problem with the floor mats is that it may cause the accelerator pedal to become stuck open which may result in very high vehicle speeds and which may make it difficult to stop a vehicle, which could cause a crash, serious injury or death,”
- This is an urgent matter,” Transportation Secretary Ray LaHood said in a statement. “For everyone’s sake, we strongly urge owners of these vehicles to remove mats or other obstacles that could lead to unintended acceleration.”
- The recall will affect 2007-2010 model year Toyota Camry, 2005-2010 Toyota Avalon, 2004-2009 Toyota Prius, 2005-2010 Tacoma, 2007-2010 Toyota Tundra, 2007-2010 Lexus ES350 and 2006-2010 Lexus IS250 and IS350.
- For more information, consumers can contact the National Highway Traffic Safety Administration’s hotline at (888) 327-4236, Toyota at (800) 331-4331 or Lexus at (800) 255-3987.
If you have one of these model vehicles, you should take immediate action to remove the floor mat and to have the vehicle inspected by Toyota to address this defect.
If you were seriously injured or if a loved one has suffered a serious injury or death from a defective product, contact Rachel Montes or Tom Herald at the Montes Law Group, LLP (214) 522-9401 to schedule a free, no obligation, initial consultation.
Texting While Driving In Austin is Illegal | Dallas, Texas Personal Injury Attorney Blog
Effective January 1, 2010, texting while driving in Austin will be Illegal. The new law will still allow drivers to use their cell phone as a cell phone while driving, but not the texting and email functions that have become so popular. There will be a 30 day grace period for drivers to become accustomed to the new law. After that, a ticket will cost drivers up to $200. Unlike many other cities that have enacted bans on driving while texting, the Austin ordinance is not limited to school zones or to teenage drivers. This ban will be in effect for all drivers everywhere in the City.
The new city ordinance is due in part to the overwhelming research studies which continue to show that driving while texting or (DWT) can be just as dangerous as or even more dangerous than drinking and driving, and that drivers who text while driving are significantly distracted from their duties to operate a motor vehicle. Findings from the National Highway Traffic Safety Administration blamed distracted drivers for 6,000 fatalities and half a million injuries in 2008. In December, 2009, the issue became a national issue when President Barack Obama signed an executive order stating that any government employee or its contractors that drive a government vehicle or using a government cellphone should not text while driving. The order blames texting while driving — henceforth to be referred to as a DWIt, or driving-while-intexticated — for everything from distracting drivers to causing deadly crashes. The executive order came as Congress wrapped up a two-day Distracted Driving Summit, in which distracted drivers were referred to as “a menace to society” and “an epidemic that seemed to be getting worse every year.”
In addition, the Austin city ordinance is also due in part to the fact that efforts by Texas legislature enacted some new laws that make it illegal to text while driving, but the Austin City Council saw a need to make the ban apply to more than just a limited number of situations.
As of September 1, 2009, for the first time, the Texas legislature imposed state-wide restrictions on the use of cell phones and pda’s. The new laws include:
- No handset talking or texting while driving are allowed when the school zone is active. Hands-free devices while driving and handset use WHILE STOPPED are allowed as are calls in certain emergency situations.
- Teenage drivers are prohibited from using wireless devices while driving. This includes a ban on talking on a cell phone, from sending or receiving text messaging and from sending or reading emailing while driving.
- Learners permit holders are prohibited from using handheld cell phones in the first six months of driving.
- School bus operators prohibited from using cell phones while driving if children are present.
The Montes Law Group, P.C. is a law firm with offices in Irving and Dallas Texas. We are experienced and qualified attorneys who dedicate our practice to the representation of personal injury victims, including victims of car accidents and other cases where people are severely injured through the negligence and reckless conduct of others.
New Rules Give Airline Customers Rights | Dallas, Texas Personal Injury Attorney Blog
The Department of Transportation on Monday announced new rules that give the traveling public some rights in the event of extended delays. The new rules prohibit U.S. aircraft on domestic routes from remaining on a tarmac for more than three hours with travelers aboard. In addition, once the new rule takes effect, airlines will also be required to provide adequate food and water for passengers within two hours of their plane being delayed on the tarmac, and to maintain operable restrooms and provide medical attention if necessary.
These new Rules will take effect 120 days from the date of its publication in the Federal Register, the publication date is anticipated to be before end of the 2009 calendar year, making the Rules effective approximately June 1, 2010.
There will be some exceptions to the new three-hour rule. For example, the airline can keep passengers on the plane for more than 3 hours for safety and security reasons or if air traffic controllers advise a pilot that returning to the terminal would disrupt airport operations. Likewise, U.S. airlines operating international flights departing from or arriving in the United States “must specify, in advance, their own time limits for deplaning passengers, with the same exceptions applicable.”.
According to the DOT, the new Rules also:
- Prohibit airlines from scheduling “chronically delayed” flights. Those who do may face enforcement action from the department for “unfair and deceptive practices.”
- Require airlines to designate an employee to monitor the effects of flight delays and cancellation, respond “in a timely and substantive fashion” to consumer complaints and give consumers information on where to file complaints.
- Require airlines to display flight delay information on their Web sites for each domestic flight operated.
- Require airlines to adopt customer service plans and monitor compliance.
- Prohibit airlines from retroactively applying material changes that could negatively affect consumers who have already purchased tickets.
In addition to these passenger friendly rule changes, the DOT announced that it plans to “begin another rulemaking process designed to further strengthen protections for air travelers.”
Areas under consideration include requiring airlines to:
- submit contingency plans for lengthy tarmac delays to the DOT for review and approval;
- disclose baggage fees;
- report additional tarmac delay data; and
- strengthen requirements that airline ads disclose the full fare consumers pay for tickets.
In short, Transportation Secretary Ray LaHood commented that “Airline passengers have rights, and these new rules will require airlines to live up to their obligation to treat their customers fairly.”
The airline industry has responded to the new Rules with mixed reviews. Robert Crandall, former chairman and chief executive of American Airlines, who spoke in September at hearings in support of the three-hour limit. Meanwhile, James May, president and CEO of the Air Transport Association, commented, “We will comply with the new rule even though we believe it will lead to unintended consequences — more canceled flights and greater passenger inconvenience.”
Hopefully, you will never encounter a lengthy delay in your travels, but if you do, it is nice to know that in the future you will have some rights to basic needs.