Texas Personal Injury Blog

The Journal of the American Medical Association, or JAMA, summarized a study from Harvard Medical School that said padded hip protectors that are marketed and sold to elderly people with the claim of preventing hip fractures don’t work and the elderly should save their money and practice caution. This is quickly becoming a popular device, but the study found that the hip protectors did not actually prevent any hip fractures. Approximately 340,000 Americans fall and break a hip each year. The largest percentage of falls and hip fractures occur among the elderly in nursing homes. These hip pads often cost between $30 and $175.

A federal judge decided that the F.D.A.’s approval of a new warning label on Vioxx in April 2002 does not clear Merck from liability if the patients began taking Vioxx after the warnings were updated for heart attacks and cardiovascular disease. Had the judge sided with Merck, then thousands of claims against Merck, the maker of Vioxx, could have been thrown out of court. It’s entirely likely that Merck will appeal the judge’s decision.

An Austin based watchdog group called the Sunshine Project says that based on documents received through open records request, A&M has covered up the infections of 4 staff members with a bio-agent know as “Q Fever”. Although the incident occurred in April 2006, A&M only reported it to the CDC in April of this year. Although federal law requires infection of a bio-terrorism agent to be reported to the CDC immediately, A&M says that they were following the university’s policy at the time and only reported it when their policy changed since none of the staff members actually got sick. The CDC is investigating and is not sure how long it will take. The public, nor the university population was ever informed of any possible health threat. It is unclear how the infection of the staff members occurred and if there was a public health threat.

In a pending lawsuit, a 73 year old Texas man indicates that inadequate maintenance of the U-Haul truck his daughter rented caused his injuries; which include a crushed pelvis and bladder and fractured vertebrae after the truck rolled over his mid section and dragged him by the leg. Over the past 9 months, Mr. Waldrip, from Forney, Texas, has had 14 surgeries, needs round the clock care and cannot walk, in addition to over a million dollars in medical bills. The Los Angeles Times did an informal survey and investigation of U-Haul trucks nation wide to show that lack of routine maintenance is a company wide problem. Although U-Haul denies all allegations of any wrong doing, the Times investigation showed many breakdowns, injuries, and near misses over the last 7 years. You might think twice about U-Haul the next time you need a rental truck and check the odometer and safety inspection certificate in the very least.

It seems odd to have to revisit this issue over and over again, but as a pet owner and a compassionate person, it just seems wrong that companies and corporations think it is OK to deceive consumers and sell pet food with so many different chemicals in it. Just recently, a Texas Lab found high doses of the pain killer acetaminophen in a Menu Foods band of pet food. This testing was done at the expense and request of the owner, unsatisfied with the few answers from the FDA after his cat’s early death of kidney failure in January. While the FDA initially disputed these findings, it seems they are being caught in their own spin and still investigating it further. Initially they did not test the same lots and type of pet food as the lab and are now trying to do so. While the FDA states that they have had 18,000 reports of pet injuries since the pet food recall, another source estimates that there have actually been closer to 180,000 deaths and even more injuries, but it is hard to find the information to report it to the FDA. It makes you wonder if this is really a recent development because of the import of ingredients from China or if it has been going on for a significant period of time because of the lack of monitoring and regulation. So many Americans consider their pets as members of the family, it is no wonder there has been so much outrage over this and that it continues to be a problem unless you buy the more expensive, independently made natural and organic pet food. There are approximately 90 class action law suits pending against Menu Foods, Inc, the original source of tainted pet food in the recall that started in January.

Its been reported that all of the recalled ConAgra manufactured peanut butter has been pulled from store shelves, but that consumers are still eating the tainted peanut butter with the product code beginning 2111. To date, the CDC has reported 687 people in 47 states getting ill from the salmonella tainted peanut butter and there are four unofficial deaths attributed to the peanut butter. The deaths are unofficial because all victims were elderly and none had autopsies performed, but family members claim that their loved ones became ill after eating the peanut butter. At least two of the families have hired attorneys to file lawsuits on their behalf. The Salmonella tainted peanut butter was first discovered and recalled in late January.

Recent studies have shown a “potential” increase in heart disease related deaths of patients taking Avandia. Avandia, manufactured by GlaxoSmithKline (GSK), was approved in 1999. It is estimated that approximately 11 million Americans, based on the number of prescriptions written in 2006, are currently taking Avandia to treat Diabetes Type II symptoms. Public Citizen, a consumer watch group, says that the risks have always been there and the warning label is not clear or strong enough to warn patients of the side effects. The FDA is continuing studies to investigate whether the warning labels on Avandia should be more stringent.

A man whose vehicle was struck by an 18 Wheeler driven by an unqualified and intoxicated driver was killed by injuries he sustained when his car was flipped in the accident that occurred in 2004. The injuries were severe and he died after almost 6 months in the hospital. The 18 Wheeler was also carrying hazardous waste. The verdict found the company and driver grossly negligent in their actions. Mrs. Bohne and her husband’s estate were awarded actual and exemplary damages in the verdict that amounted to $20.8 million.

Wisconsin inspectors found regular products mixed in, labeled, and sold as organic. Although this is a serious violation of confidence for organic consumers, an undisclosed agreement between the officials and Wal-Mart was reached that only indicates “Wal-Mart will be more careful in the future”. This is barely a slap on the wrist for Wal-Mart. It comes two months after The Cornucopia Institute sent evidence to the USDA of the same practice in five other states, including Texas and Minnesota, with the USDA response to do nothing. Organic consumers beware, this may not be the last report we hear on this issue of mis-labeling at Wal-Mart. If the problem get serious enough and is found in more states, there may be law suits just around the corner for the corporate giant.

An Ohio 2005 law that caps monetary awards for pain and suffering under certain circumstances, similar to Texas’ 2003 tort reform, is again being challenged in the courts. (It was attempted but not passed in 1999.) The prosecuting attorney is claiming on behalf of her client in a lawsuit against Johnson & Johnson, regarding the Ortho Evra birth control patch; that the US Constitution does not limit a person’s rights for damages and so a state law doing so is unconstitutional. This has been at issue in several states and it usually depends on whether the Democrats or Republicans are in control of the state legislature to see these laws passed or repealed.