Archive for November 2010
32 CAR CHAIN REACTION COLLISION IN ARLINGTON | Dallas, Texas Personal Injury Attorney Blog
For the second time in less in 2 weeks, a major, multi-car crash in Arlington shuts down the freeway. On November 17, 2010, 14 cars were wrecked at Cooper and Interstate 30. This time, 32 vehicles were involved in a pileup that completely shut down Highway 360 as ten people were transported to local hospitals.
The chain-reaction crash began during the early morning rush hour commute around 5:30 a.m. Police have indicated that they suspect the crash sequence began when a vehicle going north on Highway 360 slowed down to exit onto Division Street and another vehicle rear-ended that car and then spun into traffic causing a series of collisions that even Nascar fans would be shocked to witness. Once the wrecks started to occur, other drivers report that they felt they had no where to go to get out of the way and that they were trapped between concrete barriers on either side of the highway.
A number of other factors are also believed to have come together to contribute to the cause of this multicar collision. Police have indicated that in addition to excessive speed and driver’s who are following too closely behind other vehicles, the roads is also under construction and may have been somewhat slick .
That stretch of 360 has long been known as a dangerous area on Highway 360 because of the unusual exit and entrance ramps. The area is currently under construction. The State is in the process of completing a $56 million highway construction and renovation project between Abrams Road and Division Street that is scheduled to be completed in about a year.
Montes Herald Law Group, L.L.P.
Attorneys: Rachel Montes and Tom Herald
1121 Kinwest Parkway, Suite 100
Irving, Texas 75063
Telephone: (214) 522-9401
Facebook at Montes Herald Law Group, LLP
RESEARCHER FOR GLAXOSMITHKLINE CONVICTED OF RESEARCH FRAUD | Dallas, Texas Personal Injury Attorney Blog
NaturalNews.com is reporting that Maria Carmen Palazzo, a psychiatrist on the payroll of drug maker GlaxoSmithKline, has been convicted and sentenced to 13 months in prison after pleading guilty to committing research fraud in trials of the antidepressant Paxil on children. Some studies are suggesting a link between Paxil and an increased risk of suicide in children. In addition, GlaxoSmithKline is also being accused of failing to warn parents that Paxil may cause birth defects if taken by pregnant women. The company has already agreed to pay more than $1 billion to settle roughly 700 birth defect lawsuits; another 100 or so suits are pending.
Maria Carmen Palazzo has already been convicted and sentenced to 87 months in prison for defrauding Medicare and Medicaid. Although this is a different charge, the 13 month prison term will not result in any additional prison time as her sentence will be served concurrently (at the same time) as her conviction for Medicare and Medicaid fraud.
Palazzo was accused by the FDA of enrolling children in a clinical trial for Paxil even though she knew the children did not actually suffer from major depressive or obsessive compulsive disorders. Palazzo allegedly falsified records and psychiatric diagnoses that GlaxoSmithKline used to obtain approval for Paxil. Palazzo was being paid $5,000 by GlaxoSmithKline for every child she enrolled in the Paxil study.
The question now is how much did GlaxoSmithKline know about Palazzo’s acitivities. GlaxoSmithKline is now trying to defend itself against charges that for 15 years it deliberately concealed evidence that Paxil increases the risk of suicide in children. In addition, the drug maker is also facing accusations that it manipulated research data on other medications, including Avandia, to conceal the increased risks of heart attacks, strokes and other cardiovascular problems associated with Avandia. Avandia is a medication marketed sold by GlaxoSmithKline to treat Type II diabetes. The company has set aside $2.3 billion to settle Avandia claims and lawsuits.
The concern with Avandia is that it may increase a users’ risk of heart attack by 43 percent and cardiac-related death by 64 percent, according to the 2007 study published in the New England Journal of Medicine. In addition, there are other concerns about the side effects of Avandia and two other drugs manufactured by GSK, Avandamet and Avandaryl including an increased risks of fractures of the upper arm, hand, and foot of women taking it. In response, the FDA has severely restricted the use of Avandia drugs to the point that the prescribing of Avandia is almost banned.
Other reported side effects from taking Avandia include:
- Death
- Heart Attacks
- Congestive Heart Failure
- PPH – Primary Pulmonary Hypertension
- Bone Fractures
- Blindness
- Liver Failure Hepatitis
Patients who have taken Avandia and who have been harmed by the drug have legal rights. It is important that if you have taken Avandia, Avandemet or Avandaryl that you contact a lawyer immediately to learn more about your rights. You may have a claim for strict liability for a defective product, breach of warranty, negligence, and misrepresentation and you may be entitled to compensation for your damages. Damages in these pharmaceutical cases against these drug companies for manufacturing and marketing dangerous drugs include damages for:
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Physical pain and suffering, and mental anguish;
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Physical impairment;
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Medical expenses associated with efforts to remedy the injuries as a result of the original surgery;
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Loss of earnings and/or earning capacity; and
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In the case of a patient’s death, the family of the victim may file a wrongful death action and seek damages.
Montes Law Group, P.C.
Attorneys: Rachel Montes
1121 Kinwest Parkway, Suite 100
Irving, Texas 75063
Telephone (214) 522-9401
Toll Free (877) 529-8899
LEGAL RIGHTS OF PATIENTS INJURED BY AVANDIA
THE HISTORY OF AVANDIA | Dallas, Texas Personal Injury Attorney Blog
Avandia is a drug approved in May of 1999 to control blood sugar levels for people with Type 2 diabetes. Type 2 diabetes is a serious and life-threatening disease, which is estimated to affect approximately 18-20 million Americans. Because there are so many people with Type 2 diabetes, developing a drug that controls blood sugars levels can be a very profitable business.
However, the Avandia drugs developed by GlaxoSmithKline have been shown in studies to increase the chance of heart attack by as much as 43%. Studies have also demonstrated that risk of death from cardiovascular disease was 64% greater in persons taking Avandia. The most recent study by the FDA linking Avandia to increased risk of heart attack was released in late February 2010.
Avandia has been suspected for years of being a potentially dangerous drug. In 2002, the warning label for Avandia was strengthened. Then, in 2006, GlaxoSmithKline provided the FDA with a meta-analysis of 42 controlled Avandia clinical drug trials suggesting short-term Avandia use may be linked to a 30%-40% greater risk of heart attack and other adverse cardiovascular events compared with other diabetes treatments or no anti-diabetic therapy at all.
In 2007, cardiologist Dr. Steven Nissen published his meta-analyis of the 42 Avandia trials in the New England Journal of Medicine which concluded that Avandia use is associated with a 43% increase in heart attack risk and a 64% increase in the risk of death from cardiovascular causes. In follow up to this study, the FDA issues a safety alert on Avandia.
In June of 2007, GlaxoSmithKline published a study in the New England Journal of Medicine purporting to show that Avandia does not cause heart problems.
However, in July of 2007: A joint FDA drug safety advisory committee while voting against an Avandia, the joint committee voted 22-1 to recommend that information warning of potential for increased risk of heart attacks be added to the drug’s labeling. In November of 2007, The FDA required that GlaxoSmithKline add a “black box” warning for heart attack risks to Avandia label and package insert.
February 2010: A Senate Finance Committee published a report linking Avandia to increased risks of heart attacks and other cardiovascular events. The report is critical of GlaxoSmithKline’s conduct in the sale and marketing of the diabetes drug concluding that Avandia manufacturer GlaxoSmithKline knew of the risks associated with Avandia for years, but worked to conceal risks of the drug from diabetes patients and from the FDA.
In May of 2010, two more studies were published finding an association between the use of Avandia and an increased risks of heart attack and other cardiovascular problems. In July of 2010, the FDA joint drug safety advisory committee met and considered the risks and benefits of Avandia. The committee voted against recommending an Avandia, but instead chose to advise the FDA to add additional safety warnings to the Avandia label and to impose new restrictions on its use. On September 23, 2010: The FDA announced new restrictions on the prescription of Avandia to patients with Type 2 diabetes who cannot control their diabetes on other medications.
Montes Herald Law Group, P.C.
Attorneys: Rachel Montes and Tom Herald
1121 Kinwest Parkway, Suite 100
Irving, Texas 75063
Telephone (214) 522-9401
Toll Free (877) 529-8899
Facebook @ Montes Law Group, P.C.
ALCOHOL SUSPECTED IN CAR WRECK THAT KILLS ONE CHILD AND CAUSED 3 OTHER OCCUPANTS TO BE EJECTED FROM VEHICLE | Dallas, Texas Personal Injury Attorney Blog
Grand Prairie Police have arrested Noel Romero of Arlington, Texas on charges of Intoxication Manslaughter following a fatal crash that killed a child and sent three other people to the hospital. Grand Prairie Police have indicated that they believe Noel Romero (31) allegedly was driving a GMC pickup westbound I-20 at Texas 161 that rearended a 1999 Chevrolet Blazer. The crash happened at 1:32 a.m., As a result of the impact, the Blazer being driven by Maria Rangel was then pushed into a Mercedes being driven by Clement Grant. The collision was severe enough that it caused the occupants of the Blazer to be ejected. Maria Rangel (22), and her two children and another occupant were all injured in the crash. Rangel was transported to Parkland where she is being treated for internal injuries. Maria Rangel’s one year old child Ab Yahir Sotelo was careflighted to Children’s Hospital but later died from injuries sustained in the crash while 3-year-old Yahaira Sotelo was treated and released. The identity of the fourth occupant has not been released, but that person is also listed in critical condition at Methodist Hospital in Dallas.
According to police, Romero fled the scene but was arrested a short time later in Arlington after being stopped while driving on a flat tire. Romero has been charged with intoxication manslaughter. In addition, prosecutors have the option of adding additional charges for intoxication assault depending upon the severity of the injuries sustained by the remaining victims.
According to information from NHTSA and MADD, night time is still the most dangerous time to be driving. Approximately 28% of all motor vehicle accidents that occur between the hours of midnight and 3 A.M. involve a driver with a blood alcohol level of 0.08 (legally intoxicated in the State of Texas) or higher. Approximately 21% of all collisions that occur between the hours of 9 PM and midnight involved a driver with a blood alcohol level of 0.08 or higher.
Montes Law Group, P.C.
Attorneys: Rachel Montes
1121 Kinwest Parkway, Suite 100
Irving, Texas 75063
Telephone (214) 522-9401
HAPPY ENDING UNLIKELY: ALLEGEDLY DRUNK TEENAGER CRASHES INTO POLICE CAR | Dallas, Texas Personal Injury Attorney Blog
The Dallas Police car was involved in a car wreck around 3:00 A.M. when they made a turn onto Newkirk Street at Northwest Highway. Police say that the driver of a Suburban failed to yield the right of way and struck the patrol car. The 19-year-old driver of the Suburban was arrested on suspicion of drunken driving.
MontesLaw Group, P.C.
Attorneys: Rachel Montes
1121 Kinwest Parkway, Suite 100
Irving, Texas 75063
Telephone (214) 522-9401
FORT WORTH POLICE OFFICER GIVEN MAXIMUM SENTENCE OF 20 YEARS FOR INTOXICATION MANSLAUGHTER | Dallas, Texas Personal Injury Attorney Blog
Jesus Cisneros, a former undercover narcotics officer for the City of Fort Worth, was sentenced to the maximum punishment of 20 years in prison on charges with intoxication manslaughter in the death of Sonia Baker (27), a mother of two young boys, who was killed in December of 2009 in an accident prosecutors say was caused by Cisneros.
Prosecutors laid out their case claiming that the crash came after Cisneros attended a birthday party for a fellow officer at the Pour House, a Fort Worth bar. Prosecutors claim they have video recorded at the party show the officer drinking heavily, consuming 12 alcoholic drinks prior to the wreck. Yesterday, accident investigator Tim Lovett testified that alcohol caused the wreck. Blood alcohol analysis (BAC) on Officer Cisneros showed his BAC level was “more than twice the legal limit.” In addition, evidence revealed that Officer Cisneros was driving his cruiser at speeds of approximately 76 mph in a 35 mph zone during the time of the wreck.
Drunk driving is clearly a problem, and the problem reaches out across all walks of life. Each year, several members of various police agencies are charged with drunk driving. Despite the fact that we count on these police officers to be in control and to enforce the laws against drunk driving, we continue to see stories such as this where it is the officer who is charged with an alcohol related offense. These first responders are often the first ones to arrive at the scene of drunk driving wrecks, and they see first hand the injuries, the deaths and the tragedies associated with drunk driving, yet the story repeats itself.
We hope that you are never in a wreck much less a wreck caused by a drunk driver. However, if you are it is important that you understand your legal rights and that you take appropriate and timely action to protect your rights.
Can You Sue the Police?
In Texas, if you are struck by a police officer while he or she is on the job, the law limits not only who you can sue for the officer’s negligence, but also how much you can recover for the officer’s negligence. In Texas, if the officer is on the job at the time of the wreck, The Texas Tort Claims Act requires that you bring your claim or lawsuit against the governmental entity for whom the officer works (i.e. The City of Fort Worth), not the officer if the officer has immunity. See Section 101.026 of the Texas Civil Practice & Remedies Code.
Depending upon which governmental unit the officer works for, the law also limits how much can be recovered. The law caps the amount of damages that people get government to pay on these claims. The maximum amount that can be obtained rangers from $100,000 to $300,000 depending upon whether the governmental agency is a state agency, local government agency, municipality or an emergency service organization. See Section 101.023 of the Texas Civil Practice & Remedies Code.
Although in Texas there is a 2 year statute of limitations, when the person driving a vehicle is a local or state government employee, the law (Section 101.101 of Texas Tort Claims Act) requires that you submit proper written notice of your claim to the correct governmental entity within a much shorter time period, within 6 months from the date of the incident. However, depending on the unique facts of a particular case, there may be other laws that impose shorter notice periods and other notice requirements in addition to those in this section of the Texas Tort Claims Act.
In addition, if the case involves a claim against a federal employee, there are different notice requirements imposed by federal law. In any event, the lesson to be learned if you are every involved in any type of incident with a governmental employee, you need to appreciate that there are probably requirements imposed by that require you to submit proper legal notice of your claim within a very short amount of time to a specific person, and the failure to provide this proper and timely written notice of your claim, may cause you to lose all of your rights against the responsible person even if you file a lawsuit within the applicable statute of limitations.
Is There Anyone Else You Can Sue When You Are Hit By A Drunk Driver?
In cases such as this where the person is injured or killed by a drunk driver, it may be possible to bring claims or a lawsuit against other people in addition to the drunk driver. You may have rights to bring a claim against the owner of the vehicle who entrusted the vehicle to a drunk driver. You may have rights to bring a claim against an employer who entrusted a vehicle to a driver with a poor driving record, or to an employee who was drunk while on the job, or
In addition, you may have a right to bring a claim or a lawsuit against the person who provided the alcohol to the intoxicated driver. This would include making a claim against a bar, a restaurant, a bartender, a waiter/waitress or other commercial provider of alcohol. These cases are referred to as a dram shop case under the Texas Alcohol Beverage Code which provides for the exclusive remedy against commercial providers of alcohol. In a dram shop case, it is very important to try to gather as much evidence as possible immediately after the event so that critical evidence is not lost, forgotten, or destroyed.
If you or a loved one are injured or killed by a drunk driver, we strongly recommend you contact an attorney as soon as possible to investigate your case and to protect your rights. Don’t be a victim twice. If you are in an accident, contact an attorney, and make sure you know what your rights are and protect your rights.
Montes Law Group, P.C.
Attorneys: Rachel Montes
1121 Kinwest Parkway, Suite 100
Irving, Texas 75063
Telephone: (214) 522-9401
Facebook at Montes Law Group, P.C.;