Devastating Economic Toll of Traumatic Brain Injury in Texas

Posted on September 2nd, 2010 by

It’s hard to put a monetary figure on the kind of suffering a person goes through after he has suffered a traumatic brain injury.  A person with TBI can expect extended hospitalization and therapy before he can go home.  Once he reaches home, he may find that his struggles have just begun.  The process of relearning activities that were second nature before the injury, is exhausting.  Even more excruciating is the process of regaining one’s sense of confidence and self worth.  Like I said at the beginning of this post, it’s hard to put a monetary figure on all that.

However, when you consider the financial value in terms of fatalities from a brain injury, hospitalizations, emergency room visits and disability, the TBI toll in Texas alone runs into close to $7 billion a year.  According to a study commissioned by the CORP. Health Foundation every year, brain injuries cost Texas $6.8 million annually.  That figure equals Coca-Cola’s profit for 2009.

Breaking those numbers down further, we see that

  • There are more than 119,500 emergency room visits every year linked to traumatic brain injury, and these cost the Texas economy around $40 million a year.
  • Fatalities associated with TBI cost $186 million a year.
  • Hospitalizations associated with TBI cost $623 million every year.
  • Long-term disability, which is seen in more than half of all persons who suffer from TBI, leads to costs of $1.3 billion a year.

Brain injuries are caused mainly by falls and traffic accidents.  The CORE Health Foundation is calling for more investments in brain injury treatment research, a statewide campaign focusing on brain injury prevention, and additional funding for the Texas Department of Assistive and Rehabilitative Services’ Comprehensive Rehabilitation Services program.

Vuk Vujasinovic is a Houston auto accident lawyer, representing car accident victims in Texas and nationwide.

Image Courtesy: Flickr – brain blogger



VB Attorneys Obtain Verdict of $734,191 against AIG After Zero Pretrial Offer

Posted on August 31st, 2010 by

I never get used to the thrill of helping innocent Texans recover justice against mega-corporations.  This week saw yet another victory.  I am pleased to announce that the Houston auto accident attorneys at Vujasinovic and Beckcom have obtained a verdict of $734,191 for an accident victim in his lawsuit against AIG.

Our client Alfonso Garza was driving a Chevy suburban in Houston, when it was hit by a pickup truck driven by Octavia Vega.  The pickup truck that Vega was driving was owned by her employer, EMS USA Inc. & the company was insured by AIG.  Alfonzo suffered serious neck and back injuries in the accident.  These injuries were serious enough to require neck surgery.  Worse, his doctors informed him that he was likely to require back surgery in the future.  When he turned to AIG for his claim, he was shocked to find that the insurer refused to pay up.

Lawyers for AIG and their insurance adjuster had much fun at Alphonso’s expense.  This is a retired man who speaks no English.  The company offered him a zero pretrial settlement offer, saying that they wanted to take his case before a Harris County jury.  According to AIG lawyers, a Harris County jury would never accept him because he didn’t speak English.   Obviously, AIG does not know much about Harris County folk.

On the first day of the trial, the company offered $350,000.   That offer was rejected.  After four days of trial, the jury returned with a verdict of 734,191.  After adding interest and costs, the amount is likely to exceed $800,000.

In Alphonso’s case, lawyers for AIG used typical hardball tactics:

  • They waited till the very last minute to make an offer, hoping that the pressure would force Garza to settle
  • The company continued to deny its liability throughout the litigation, even when it was very obvious that EMS US was responsible for the accident.
  • They delayed the litigation process, adding to costs, hoping to get the plaintiff and his lawyer to either drop the case or settle for cheap.
  • They also hired unqualified experts, bringing in a neurological expert when they should’ve gotten an orthopedic expert instead.
  • They blatantly appealed to the prejudices of jury members, hoping that that would work against Alfonzo.  Fortunately, it didn’t.

This case is a prime example of hardball insurance company tactics.  It’s also a perfect illustration of the fact that the civil justice system in Texas continues to thrive in the face of shady insurance hardball tactics.



Americans Want Safer Medications

Posted on August 27th, 2010 by

According to a new survey, most Americans support enhanced drug safety, to the point where they would support stronger laws for it.  In fact, 81% of Americans say they would support a law that would place strong new drug safety measures in place.

The survey has very interesting findings for Texas product liability lawyers.  According to the survey, 86% of men and 91% of men support stronger legislation proposed to enhance drug safety in the country.  The proposed legislation is called the Drug Safety and Accountability Act, and is meant to increase consumer safeguards to keep Americans safe.

Seventy percent of respondents in the survey said that they were very confident about the safety of drugs manufactured in the US.  When it came to drugs manufactured outside of the country however, there was plenty of mistrust.  55% of the respondents wanted the federal administration to do more to guarantee the safety of medications manufactured in other countries.  I would blame the heparin scandal in 2008 which involved contaminated ingredients manufactured in China and the FDA’s minimal oversight of drugs manufactured overseas, for that low opinion of foreign-made drugs.

Ninety four percent believe that the FDA should have the power to mandate recalls, and 95% believe the FDA should be given the power to hold and dispose of drugs that it believes are contaminated.  96% want manufacturers to inform the FDA when they discover contaminated drugs.  86% want inspections of foreign drug manufacturing facilities at least once every two years.  Inspections of drug facilities has been a major concern for me, because the FDA currently rarely inspects foreign facilities, if at all.  An increasing number of ingredients included in the manufacture of pharmaceutical drugs are currently being produced in foreign countries, where manufacturing standards are not as high in the US.



Texas Tire Dealer Named in Wrongful Death Lawsuit

Posted on August 27th, 2010 by

A tire dealer is named in a wrongful death lawsuit arising out of a fatal hydroplaning accident in Texas in 2009.  The victim had just purchased two new tires for the front of her Chrysler Sebring.  The rear tires remained worn out.  As she was driving during a rainstorm, she lost control of her car, and crashed into a school bus.

Her children claim in the lawsuit that the tire dealer, South Gateway Tire Company should have warned her that having two new tires installed in the front and leaving the rear tires unchanged, could increase the risk of an accident.  The children claim in the lawsuit that the dealer should have warned the woman that having two new tires in the front and leaving the old tires at the back, could increase the risk of hydroplaning.

The lawsuit names South Gateway Tire Company and its parent company Dunlap and Kyle Company.

I’m willing to bet that most people in Houston don’t know how dangerous it is to change just two tires in the front, and leave your old rear tires unchanged.  That’s why it’s the duty of tire dealers/tire manufacture/other parties to inform customers about the danger they may be when they drive like this.

Vuk Vujasinovic is a Houston product liability lawyer, representing victims who have been injured from the use of defective products in Texas and nationwide.

Image Courtesy: Flickr – vagawi



BLS Reports 17% Decline in Workplace Deaths in 2009

Posted on August 24th, 2010 by

The Bureau of Labor Statistics last week released a report on workplace accidents and fatalities in 2009.  There was a decline of 17% in fatal workplace accidents in the US in 2009 compared to the previous year.  The fatality count last year was 4,340 workers, down from 5, 214 deaths in 2008.

The number one cause of death in the workplace continues to be transportation accidents.  However, even in this category there was a decline of 21% in the numbers of people killed.   Some of the other findings that came out from the study:

There was a decline of 1% in workplace homicides in 2009.  The homicide total for 2009 includes the 13 victims of the Fort Hood shooting in Texas.

Fatalities among wage and salary workers declined by 20% in 2009, compared to a decline of 3% for self-employed workers.

The drop in fatalities was seen in almost all sectors, except the wholesale trade industry which actually recorded an increase in fatalities.

There was a drop of 16% in construction site accident-related fatalities in 2009.

There was a drop of 24 % in fatalities among Hispanic and African American workers.

There was an increase of 6% in fatalities in grounds cleaning and maintenance occupations in 2009.  This was one of the few occupations where there was an increase in deaths last year.

Before we get too excited at the decline in workplace fatalities, it would be advisable to step back and look at where we are in 2010.  We’re nowhere close to the end of the year, and there’s already been a devastating mine explosion that killed 25 people, a catastrophic oil rig explosion that killed 11 workers, and several fatal refinery explosions.  When the final death toll is counted for 2010, we might find that this has been one of the worst years for workplace fatalities.

Vuk Vujasinovic is a Houston work accident lawyer, representing injured victims of workplace and industrial accidents around Texas and nationwide.

Image Courtesy: Flickr – billjacobus1



Texas Worker Awarded $7.7 Million for Electrical Injuries

Posted on August 23rd, 2010 by

A Texas worker, who was left with serious electrical burns in a workplace accident, has been awarded $7.7 million.  The accident occurred in 2007.  The worker, Marco Murillo was engaged in salvaging cables from electrical boxes.  He sustained a serious electroshock, and suffered major burns on both his hands and forearms.

His injuries were so serious they required skin grafts, and muscles from his back and nerves from his ankle had to be transferred into his forearms.  The employer Oncor  Electric Delivery was found 60% liable in the accident, and the other defendants were found about 40% liable.  Murillo has now been awarded $7.7 million in damages.

Electric accidents and injuries can occur in just about any workplace.  The impact of these injuries can range from minor electrical burns, all the way to fatal electrocutions.  Just about any worker in any kind of workplace – the construction sector, manufacturing, power or any other industry – runs the risk of suffering an electrical injury.

Many of these accidents are caused because workers are not trained to work with electrical tools and wiring.  They may not use equipment correctly, or may fail to take proper safeguards to prevent accidents.  Loose and exposed wiring, inadequate grounding, insufficient training, lack of precautions, failure to provide workers with safe and well functioning electrical tools – any of these, or combination of these, can cause a serious electrical accident.

A worker may not just suffer from electrical burns, but may also run the risk of suffering serious trauma injuries, when he is thrown off or falls down upon impact with a live wire.

Vuk Vujasinovic is a Houston work accident lawyer, representing injured victims of workplace and industrial accidents around Texas and nationwide.

Image Courtesy: Flickr- Velo Steve



EMT Technician Killed From Carbon Monoxide Poisoning

Posted on August 20th, 2010 by

An EMT technician died and two others were seriously injured from suspected carbon monoxide poisoning in Texas last week.  The incident occurred at the Champion EMS Station in White Oak in Texas.  The victim was apparently an EMT technician in training.

According to representatives for the hospital that runs the EMT Station, the carbon monoxide leaked from a generator that had been left running on an ambulance.  The ambulance had been parked at the EMT station and all the doors were closed.  Worse, the building did not come with carbon monoxide detectors.  The two workers who were injured were at the other side of the building, and therefore, escaped fatal injuries.

Carbon monoxide is a colorless, odorless gas that’s generated from the burning of organic compounds.  Some common sources of carbon monoxide poisoning are kerosene water heaters, propane heaters, diesel, and cigarette smoke.  People working in some industrial settings, like those who are constantly working with heating sources, combustion engines, and generators may be more at risk for carbon monoxide poisoning.  Fire rescue personnel who are constantly exposed to fire may also be at risk.

Unfortunately, because carbon monoxide is colorless and odorless, and does not cause irritation when inhaled, it is harder to detect.  The earliest symptoms can include headaches, nausea and dizziness, followed quickly by fatigue, breathlessness, restlessness, agitation and seizures.  Death can occur quickly.

Vuk Vujasinovic is a Houston work injury lawyer , representing victims who have been injured in workplace and industrial accidents  in Texas and nationwide.

Image courtesy: Flickr – Amagill



Utah Bus Accident Investigation Points at Driver Inattention, fatigue

Posted on August 18th, 2010 by

Preliminary investigations into the Utah bus accident last week that killed three Japanese tourists, confirms a Houston bus accident lawyer’s worst fears – fatigue and driver inattention are much bigger factors in commercial bus accidents than federal agencies have appreciated.

The bus was carrying a group of Japanese tourists when it flipped over on a Utah Highway.  Several of the passengers were ejected from the bus, and three of them died.  The National Transportation Safety Board has dispatched a team of investigators to the site.  However, initial investigations seem to suggest that driver inattention or fatigue caused the accident.  According to some sources quoted in the Associated Press, there is reason to believe that the driver was drowsy while driving, and this caused the crash.  So far, there’s nothing to prove that mechanical malfunctioning was a factor here.

The National Transportation Safety Board is likely to look into driver error, inattention and fatigue as it begins its investigation.  An investigation will take several months to complete.  At this point, we have no way of knowing what kind of distraction was a factor here.

Image Courtesy – Flickr – Nevada Tumbleweed



Study Shows Parents Want Stronger Restrictions on Teen Motorists

Posted on August 17th, 2010 by

As a Houston car accident attorney, I strongly believe that minimizing the number of teen auto accidents every year will require a collaboration of efforts by schools, parents and the community.  Houston parents have a big role to play in making sure that their children are safe and contribute to other’s safety on the road.  It was encouraging to read about a new study by the Insurance Institute for Highway Safety, which shows that parents in the United States actually want stronger restrictions on teen motorists.

The study is believed to be the first one that actually focuses on how parents feel about their teens driving.  No one will deny that it’s the parents who suffer the biggest loss of all, when there are accidents involving their children.  Among the findings of the study

Parents actually prefer higher licensing ages than are currently in place across the country.  More than half of them believe that the minimum age while driving should be 17.

90% of the parents approve of nighttime driving restrictions.

89% of the parents are in favor of restrictions on unrelated passengers.  44% percent prefer one passenger ,while 38% prefer no passengers at all.

The study comes at an opportune time.  Federal lawmakers are considering a bill that would set a federal standard for graduated driver’s licensing programs across the country.    The bill is called the Safe Teen and Novice Driver Uniform Protection Act, and Houston injury lawyers believe that the results of this study should feature when the bill finally comes up for consideration.

Image Courtesy:flickr – djuggler



Accutane Injury Litigation Takes on a Hollywood Edge

Posted on August 15th, 2010 by

Pharmaceutical company Roche’s anti-acne medication Accutane has been the subject of thousands of personal injury lawsuits.  Most of these lawsuits have centered on the allegation that Accutane causes inflammatory bowel disease.  The latest Accutane-related lawsuit that Roche will come up against however, will have a Hollywood tinge.  The plaintiff in this lawsuit is a Hollywood actor, who claims that his acting career suffered as a result of injuries from Accutane usage.

The plaintiff here is actor James Marshall who acted in the hit 1992 next movie “A Few Good Men.  ” Marshall had been taking Accutane for acne, and began to suffer from inflammatory bowel disease.  The problem ultimately resulted in doctors having to remove his colon.  That spelled the end of Marshall’s acting career.  He has now filed a personal injury lawsuit against Roche Holdings AG. His lawsuit claims $11 million in damages, and the trial is due to begin this week.

A number of Hollywood stars are expected to show up at the trial to testify that Marshall was well on his way to a successful acting career, before inflammatory bowel disease caused by Accutane put an end to his acting career.  Some of the stars lined up include Martin Sheen, Brian Dennehey and director Rob Reiner.  New Jersey-based Roche continues to insist that for 20 years, it has warned about the risk of inflammatory bowel disease from Accutane usage.

Accutane was introduced in the market in 1982, and since then, has become a blockbuster drug from Roche.  In addition to inflammatory bowel disease and other gastrointestinal diseases, Accutane has also been linked to other conditions, including depression and birth defects.  Roche has lost at least seven Accutane-related personal-injury lawsuits since 2007.  Plaintiffs have been awarded millions of dollars in damages for their losses as a result of Accutane usage.

This lawsuit however, is likely to generate extra publicity and more media attention as a slew of Hollywood big names line up for deposition.  It’s the kind of publicity that Roche could have done without.

Vuk Vujasinovic is a Houston product liability lawyer, representing victims who have been injured from the use of defective products in Texas and nationwide.

Image Courtesy: Flickr – Fillmore



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