The possibility of vehicular accidents caused by rolling over has led to a Consumer Report “Don’t Buy” warning for the 2010 Lexus GX 460. During the test, which simulated approaching a turn too quickly, the electronic stability control took too long to respond and the rear of the vehicle slid outward. The concern is that if the rear tires struck an obstacle the vehicle would then roll. The warning has prompted Toyota to halt sales and issue a recall while the manufacturer performs its own tests. However, 6000 units have already been sold; though no accidents have been reported.

This casts yet more pall over Toyota’s reputation, which has suffered due to questions concerning its actions over a recent recall involving millions of vehicles for sticky brake pads. Added to the vehicle defects are the results of a recent investigation by the Associated Press, which concludes that the company has withheld crucial information in previous legal cases involving their vehicles. Recent lawsuits filed in federal court have accused the company of fraud in past legal cases.

If you or a loved one has been injured due to a defective product, call Texas product liability attorney , Brian Jensen.

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Medical malpractice cases involving personal injury from surgical sponges left inside people have recently been the subject of two cases decided by the Texas Supreme Court. The first case: Walkers v. Cleveland Regional Medical Center ; presented the issue of whether a surgical patient must discover that a surgical sponge was left in her abdominal cavity within two years of the surgery or be barred from thereafter bringing a malpractice suit. The plaintiff suffered progressively worsening chronic abdominal pain over a period of just under 10 years. Doctors gave her a variety of incorrect diagnoses until the surgical sponge was discovered during a hysterectomy. The plaintiff sued the hospital before the 10 year Statute of Repose but the hospital claimed suit was barred by the two year Statute of Limitations. The Supreme Court held because these injuries are notoriously hard to discover and because the 10 year Statute of Repose would have no purpose unless the 2 year Statute of Limitations has exceptions, that suit was allowed.

The same day the court considered another case involving a surgical sponge left inside a patient; however, unlike the Walter’s case, suit was not brought until after the 10 year Statute of Repose. The Court held in the case of Methodist Healthcare System of San Antonio, Ltd., LLP et al vs. Rankin, that the 10 year Statute of Repose was not unconstitutional even assuming it was impossible to reasonably discover the underlying medical malpractice in less than 10 years. They decided in this case that the Plaintiff was barred from bringing suit and held in favor of the hospital.

If you or a loved one is a victim of medical negligence or malpractice, contact Houston personal injury lawyer , Brian Jensen.

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It’s been five years since the Texas City refinery accident that killed 15 workers and injured another 170. The 2007 US Chemical Safety Board (CSB) cited cost-cutting measures by the company and overworked and poorly trained employees as the reasons for the tragic event, and in October of last year, the US Occupational Safety and Hazard Administration (OSHA) suggested a fine of $87 million against the company.

The industrial accident sparked a movement by the US government and refinery owners to improve safety conditions, but a look around the country illustrates that petrochemical accidents continue to happen. On Friday, March 19^th , two workers in Wise County outside of Decatur, TX received first degree burns in an explosion at a gas well. The men were welding when one of the tanks caught fire and a second one exploded. The Texas Railroad Commission is investigating the cause of the accident. On Monday, March 22^nd , there was an explosion at a refinery in Tuscola, IL. Thankfully, no one was injured. Investigators are looking into the cause.

If you or a loved one has been injured in an explosion or petrochemical accident, contact Texas industrial accident attorney , Brian Jensen.

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Some Texas residents have filed complaints regarding defective Chinese drywall with the U.S. Consumer Product and Safety Commission (CPSC). The CPSC has also received complaints from residents in 36 other states, the District of Columbia and Puerto Rico. [1]

Earlier this month, the CPSC issued an alert asking fire safety professionals to notify it of fires suspected to be associated with the problem drywall. According to the alert, “corrosion (typically blackening) of air conditioning evaporator coils, electrical wiring and other components is a common symptom of residences finished with problem drywall.” [2]

In addition to the electrical fire hazard posed, residents have complained of health issues such as difficulty breathing and recurring headaches as well as a rotten egg smell. In its February update, the CPSC states preliminary results from testing have shown “significantly higher emission rates for hydrogen sulfide and other reduced sulfur gases compared to domestic samples and other imported samples.” [3]

According to the “ToxFAQs™ for Hydrogen Sulfide” available from the Agency for Toxic Substances and Disease Registry, hydrogen sulfide is characterized by the smell of rotten eggs. “Exposure to low concentrations of hydrogen sulfide may cause irritation to the eyes, nose, or throat. It may also cause difficulty in breathing for some asthmatics.” Brief exposure to high concentrations may lead to “permanent or long-term effects such as headaches, poor attention span, poor memory, and poor motor function.” [4]

If you or a loved one has been injured by a defective product, contact Houston product liability attorney , Brian Jensen.

[1] CPSC, Drywall Information Center: Where Has Problem Drywall Been Reported

[2] CPSC Alert to Fire Safety Personnel

[3] CPSC: Investigation of Imported Drywall, Status Update, February 2010

[4] Agency for Toxic Substances and Disease Registry: ToxFAQs™ for Hydrogen Sulfide

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Video of the Monday accident between a Houston Metro bus and light rail train shows the bus driver running a red light. Nineteen passengers were injured in the accident. The accident is the second occurrence of its type to occur at the same intersection in little more than a month. The February accident resulted in a derailment and sent twelve passengers to the hospital.

Another accident involving a bus , this time outside San Antonio, resulted in at least two deaths and at least 30 people being sent to the hospital yesterday. Investigators believe faulty equipment is to blame.

According to the U.S. Department of Transportation’s “Motorcoach Safety Action Plan,” “over the past 10 years, motorcoach crashes have resulted in an average of 19 motorcoach occupant fatalities per year” with additional fatalities “among the pedestrians, drivers, ad passengers of other vehicles involved” in the accidents . [1, pg. 3] An analysis of safety data revealed the major contributing factors of the crashes to be driver fatigue and operator maintenance issues. [1, pg. 3] Driver errors can result from fatigue, distractions, a medical condition, or a lack of experience. Maintenance issues involve not only proper vehicle maintenance and compliance with federal standards, but also maintenance of safety equipment such as seat belts and emergency exits.

If you or a loved one has been injured due to someone else’s negligence , contact Houston personal injury attorney , Brian Jensen.

[1] U.S. Department of Transportation: Motorcoach Safety Action Plan

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March is brain injury awareness month. The Brain Injury Association of America (BIAA) has launched a new campaign: “A concussion is a brain injury: Get the facts.” The BIAA defines a concussion as “caused by a bump, blow or jolt to the head, or from a blow to the body that causes the head to move rapidly back and forth.” According to the BIAA, concussions do not normally lead to a loss of consciousness and days or weeks can elapse before symptoms present. [1]

The National Center for Injury Prevention and Control (NCIPC) lists some of the symptoms as: “persistent low-grade headaches; having more trouble than usual remembering, things, concentrating or making decisions; feeling tired all the time; feeling sad, anxious, or listless; and becoming easily irritated for little or no reason.” [2] According to the NCIPC, the two most common causes of traumatic brain injury are falls and vehicular accidents . [3]

If you or a loved one has sustained a brain injury or spinal cord injury in a fall or auto accident , call Houston personal injury lawyer , Brian Jensen.

[1] Brain Injury Association of America: Media & Events

[2] National Center for Injury Prevention and Control: Facts about Concussion and Brain Injury

[3] National Center for Injury Prevention and Control: How Many People Have TBI?

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A train passenger was injured when an Amtrak train struck an 18-wheeler stuck on the tracks in Fort Worth, TX. According to the Fort Worth Police Department, the truck driver was not in the vehicle at the time of the accident, but the semi was split in half and its insulation load scattered when the train hit.

According to statistics from the Federal Railroad Administration Office of Safety Analysis, there were a total of 745 accidents or incidents in 2009 with 54 deaths related to 53 of the accidents or incidents. Of the 184 train accidents, 12 were collisions, 140 were derailments and 32 were of other types. Three of the accidents involved the release of hazardous material. Of the 177 incidents involving a train and a motor vehicle or pedestrian at a crossing site, 23 were fatalities. The remaining 384 incidents involved trespassers or workers. There were 275 workers injured on the job last year.

If you or a loved one was injured in an 18-wheeler accident, train accident or on the job, call Houston personal injury lawyer , Brian Jensen.

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After a series of recalls in 2009, the U.S. Consumer Product Safety Commission (CPSC) announced at the end of the year a voluntary recall of millions of Roman shades and roll up blinds that pose strangulation risks to babies and toddlers. Eight deaths and 16 near strangulation incidents prompted the recall.

The incidents occur in a variety of ways. A child places his head between the cord loop and the fabric. A child wraps the cord around her neck. A child’s head gets caught in the lifting loop of the roll up blind.

The recall involves multiple stores such as Wal-Mart, JC Penney, Pottery Barn and Restoration Hardware Baby and Child. Repair kits are available.

If you or a loved one has been injured by a defective product call Houston product liability lawyer , Brian Jensen for assistance.

U.S. Consumer Product Safety Center: CPSC Announces Voluntary Recalls to Repair Millions of Roman Shades and Roll Up Blinds by Multiple Firms

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Serious injuries and at least one death prompted the U.S. Food and Drug Administration (FDA) to issue a Class I recall of Baxter HomeChoice and Homechoice PRO Automated Peritoneal Dialysis Systems yesterday. According to the FDA’s Background and Definitions page, a Class I recall is “a situation in which there is reasonable probability that the use of or exposure to a violative product will cause serious adverse health consequences or death.” [1]

The prescribed dialysis systems treat children and adults with kidney failure. Those at higher risk of injury include children, patients unable to communicate, critically ill patients and patients with pulmonary instability and instable blood circulation.

Cases of Increased Intraperitoneal Volume (IIPV), or overfill of the abdominal cavity, have been attributed to the device. IIPV can lead to heart failure, pulmonary edema and numerous other life threatening conditions.

For a list of affected models, click here . [2]

If you or a loved one has been injured by a defective product, call Houston product liability attorney, Brian Jensen for assistance.

[1] U.S. Food and Drug Administration: Backgrounds and Definitions

[2] U.S. Food and Drug Administration: Baxter HomeChoice and HomeChoice Pro

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U.S. Senate hearings on the Toyota recall continue today. The recall involves approximately six million vehicles in the U.S. There are three major issues: gas pedals trapped by floor mats, sticky gas pedals and brake issues. Many different makes and models of Toyotas are affected. For specific information on the makes and models, check the National Highway Traffic Safety Administration website, or click here .

In a letter to Mr. Akio Toyoda, President of Toyota, Chairman of the Oversight Committee, Edolphus Towns states, “there are reports that this problem may have been the direct cause of serious injury and even death .” [1]

Allegations concerning efforts to cover up the extent of the defective products surround the hearings and have led to the Oversight Committee issuing a subpoena for Toyota documents. [2]

Questions regarding when Toyota knew of the problems and what steps consumers need to take to ensure their safety are top concerns.

If you or a loved one has been injured by a defective product call Houston product liability lawyer , Brian Jensen for assistance.

[1] Committee on Oversight and Government Reform: Chairman Towns Invites Toyota President to Testify Before Committee

[2] Committee on Oversight and Government Reform: Oversight Committee Issues Subpoena for Toyota Documents

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