• Experienced | Successful | Since 1971

Uncategorized

The Dangers of Xarelto
The Dangers of Xarelto 150 150 CMZ Law Lufkin/Houston

What injuries have been linked to Xarelto?

Xarelto (rivaroxaban) is a drug released by Bayer Healthcare in tandem with Janssen Pharmaceuticals to thin the blood. Xarelto is prescribed to patients at risk of stroke or those with atrial fibrillation in order to prevent clots. The drug is also approved to treat those with deep vein thrombosis, pulmonary embolism, or individuals who have recently undergone surgery. Xarelto can prove effective in treating some illnesses, but evidence has now emerged as to Xarelto’s potentially dangerous propensities. Already, hundreds of defective drug lawsuits have been filed against the makers of Xarelto.

Xarelto Facts

Xarelto is one of the newer classes of blood thinners. It was initially introduced in 2011 as an alternative to the traditional blood thinner Warfarin. Xarelto is similar in nature to the blood thinner Pradaxa, which is now one of the most litigated drugs in the United States.

Xarelto’s Potentially Serious Side Effects

Xarelto has been linked to several serious and potentially even fatal side effects, including:

Supreme Court Confirms Appellate Court Medical Malpractice Decision
Supreme Court Confirms Appellate Court Medical Malpractice Decision 150 150 CMZ Law Lufkin/Houston

Recently, the Supreme Court of Texas upheld a decision by the Court of Appeals for the 14th District of Texas regarding a medical malpractice case over the death of a woman, confirming that the evidence of causation was legally sufficient.

The Treatment of Shannon McCoy

Shannon McCoy suffered brain damage and quadriplegia after experiencing pre- and post-delivery complications in September 2004. She was admitted to the Hospital of Texas to give birth to her first child. McCoy’s baby had died in utero from placenta abruption. She ended up developing complications, which ultimately resulted in brain damage, and required around the clock care for the remainder of her life. She passed in 2015. Her widower, Andre McCoy, filed a negligence lawsuit in 2006 against her prenatal physician, Dr. Debra Gunn, as well as her practice, Obstetrical and Gynecological Associates PA and Obstetrical and Gynecological Associates PLLC, claiming that Gunn’s failure to make proper adjustments to the administration of blood and blood products was the cause of her permanent brain damage. Other previous defendants, including Woman’s Hospital and Dr. Mark Jacobs, reached a settlement of $1.2 million. They originally included cardiologist, Dr. James Collins, as he was the one who had treated her with Digoxin after discovering that she had an elevated heart rate. The remaining defendants alleged that McCoy, his family members, the treating nurses, and Cardiologist, contributed to the patient’s brain damage because of negligence.  

The Trial Court Decision

In an 11-1 verdict, the trial court granted McCoy’s no-evidence motion for summary judgment. The jury ruled in favor of McCoy, agreeing with the fact of Gunn’s negligence, and he was awarded $10.6 million in damages for past and future medical expenses. The Court found that OGA and Gunn were both jointly and severally liable.

The Appellate Court Decision

Gunn and OGA appealed the decision, and in December 2015, the appellate court finding that there was not in fact enough evidence to prove the award for damages for future medical expenses, and lowered it from $7.242 million to $7.082 million. Again, Gunn and OGA appealed the decision with the Supreme Court.

The Supreme Court Decision

In May 2017, the OGA filed a petition for review with the Texas Supreme Court. The Supreme Court only affirmed the Appellate Court’s ruling that there was not in fact enough evidence to prove causation. Gunn had claimed that the testimony of McCoy’s liability expert, who stated that the amount of blood loss caused by McCoy’s brain injury was speculative and not supported by evidence. She also claimed that Shannon’s passing caused a windfall for her husband, but the Supreme Court denied this claim.

All in all, the Court held:

Wrongful Death Claims and Oil Rig Explosions
Wrongful Death Claims and Oil Rig Explosions 150 150 CMZ Law Lufkin/Houston

 

What damages can I seek if my loved one was killed in an oil rig accident in Texas?

In January, an oil rig explosion killed five workers in Oklahoma.  Survivors reported hearing a loud boom and seeing fire. They fled, but the five workers closest to the explosion died and several others were seriously injured.  Now, months after the accident, a third wrongful death claim has been filed against the oil and drilling company responsible for the rig. For Texas oil workers, the Oklahoma accident is a harsh reminder of the potential dangers of the field.  Our Houston, Texas personal injury lawyers explore oil rig explosion statistics and the rights of the family members of employees killed in these horrific accidents.

Oil Rig Accident Statistics

Oil is big business in Texas, and while working in the oil and gas industry can be profitable, it also comes with risks.  Between the years 2003 and 2013, the Centers for Disease Control and Prevention reports that 1,189 oil and gas extraction employees died while on the job.  This equates to over 100 deaths per year. Some of the largest oil rig explosions have occurred in the Gulf of Mexico, including the Usumacinta Jack-up disaster and the Deepwater Horizon explosion.

While oil rig explosions garner the most national attention, there are several other types of accidents that injure and kill oil industry employees each year.  The most common oil industry accident is in fact driving. Oil workers spend significant time on the highway and accidents often occur. Oil industry employees also face injuries or death due to machine related accidents and illnesses from chemical exposure.

Wrongful Death Claims Against the Oil Company

Texas law allows the family members of those killed in an oil related accident to seek compensation from the negligent company responsible for their loved one’s death in a wrongful death lawsuit.  Damages in a wrongful death lawsuit are intended to compensate the family members of the individual who was wrongly killed for their losses, which could include:

Pool Safety Tips for Summer
Pool Safety Tips for Summer 150 150 CMZ Law Lufkin/Houston

Do I legally need a fence around my pool?

Summer time in Texas is hot, and swimming pools offer people of all ages much needed relief from the heat. Millions of pools dot the landscape across Texas, from residential pools to public pools, water parks, and much more. With proper supervision in a safely constructed pool, swimming is an enjoyable activity. At times, however, pools become the site of drowning and other serious accidents.

Already in Texas, pool accidents have claimed the lives of at least two children. In Fort Worth, an eight-year-old boy recently died after sustaining head injuries in a residential pool. Further details as to the cause of the accident are still pending. In Richmond, another eight-year-old drowned in a pool accident in a community pool. The child did not know how to swim and on duty guards attempted CPR, but he later passed away.

Texas Pool Regulations

Texas has passed several regulations regarding residential pools in an effort to keep children safe. Texas homeowners must have a minimum four-foot-high barrier around a pool. The barrier cannot be chain link and must be free of large gaps. Pool gates must be self-closing and self-latching, with the ability to be locked. Latches should be located on the upper inside of the door to prevent children from opening the gate.

When the wall of the house is considered a boundary, you must install an alarm on any doors and windows that open to the pool area. Alarm bypass features should not be within reach of children. Local governments have their own laws regarding pool safety, so always check with your local authority before installing a pool.

Keeping Your Children Safe at the Pool

You can enjoy the water with your child worry free this summer by following some important safety tips:

Water Tower Accident Kills One in Texas
Water Tower Accident Kills One in Texas 150 150 CMZ Law Lufkin/Houston

Who is liable for accidents occurring on city or state owned property?

Water towers stand tall in most towns across Texas, providing a source of water for the area. Water towers are constructed at a considerable height so as to allow water to be sufficiently pressured. Typically owned by a local municipality, water towers do require maintenance and updating. In Porter, Texas tragedy struck when a worker was killed in the water tower. A steel panel in the process of being lifted into the air crashed into the open water tank, killing one of the four employees within it. The employee was a contracted worker from a company with significant experience constructing water towers.

Municipal Liability

Many of us do not realize just how much property government entities typically own. Chances are you stroll on a sidewalk owned by the city daily or make a trip to a city park. When you visit a government owned piece of property, there is always a risk of injury. Should you become injured on government property, liability issues become quite complex.

The Texas Tort Claims Act

Under Texas law, like in most other states, government entities are typically shielded from liability by the concept of sovereign immunity. Per Section 101.02 of the Texas Tort Claims Act, a government entity can be sued if a waiver of sovereign immunity applies. Generally, a government entity could be liable to an injured plaintiff under the following circumstances:

Maritime Accident Lawsuits Require Special Legal Training
Maritime Accident Lawsuits Require Special Legal Training 150 150 CMZ Law Lufkin/Houston

Q: Who is responsible for maritime accidents?

Texas offshore accident attorneys help those working offshore obtain compensation for injuries experienced while working on a shipping vessel, boat, barge, fishing boat, yacht, or oil rig as provided under a federal law called the Jones Act that protects seamen. This law allows injured seamen to seek compensation from their employers where the captain, crew, or vessel owners’ negligence caused the worker’s injury.

Sometimes, non-workers are also injured or killed in maritime accidents. For them and others for whom the Jones Act does not apply, a personal injury lawsuit or, in the case of a fatality, a wrongful death lawsuit by surviving family members, may be indicated.

A Missouri duck boat accident that killed 17 sightseers is subject to a formal Marine Board of Investigation to determine whether any or all of the following were factors in the accident:

Examining Charter Bus Safety
Examining Charter Bus Safety 150 150 CMZ Law Lufkin/Houston

What are the most common causes of charter bus accidents?

A tragic charter bus accident involving several Texas students has many parents questioning the safety of traveling cross country by charter bus.  The bus involved was carrying students from a Channelview, Texas school home after a trip to Walt Disney World. Forty students and six adults were aboard the bus when it crashed in Alabama.  The driver of the bus died while several students were injured. According to official reports, the bus left the roadway and traveled down an embankment. Investigations are ongoing and the tour bus company has expressed its condolences to the family of the deceased driver.

Causes of Charter Bus Accidents

Large buses are used to transport children and adults both near and far.  Charter buses are most commonly used when students or tour groups need to travel several hours from their home base.  Traditionally, buses are considered one of the safest forms of transportation. According to data compiled by the Federal Motor Carrier Safety Administration (FMCSA), bus and truck accidents comprise just 11 percent of all fatal crashes nationwide  In 2015, there were only 257 fatal bus crashes. Transit and school buses accounted for the majority of the fatal accidents.

For parents of students that may travel by charter bus or adults looking to ride on a charter bus themselves, these statistics may not be of much assurance after seeing images of the horrific recent charter bus accident in Alabama.  It becomes important to examine the causes of charter bus accidents so that safety can be further improved. Some of the most common causes of bus accidents include:

Hello world!
Hello world! 150 150 CMZ Law Lufkin/Houston

Welcome to WordPress. This is your first post. Edit or delete it, then start writing!

Oil field Injuries and Explosions
Oil field Injuries and Explosions 150 150 CMZ Law Lufkin/Houston

A consumer is defined as anyone who seeks or acquires by purchase or lease any goods or service. Although most transactions by a consumer involve major corporations with seemingly unlimited resources to protect themselves against legal claims, Chandler Mathis & Zivley can help those who may have been victimized.

Automobile accidents
Automobile accidents 150 150 CMZ Law Lufkin/Houston

Truck accidents are usually defined as accidents between large trailers (over 10,000 pounds) and over vehicles or pedestrians. Even though the number of trucks on U.S. roads has increased greatly over the years, statistics show that truck accident fatalities have remained fairly constant at  approximately 5,000 per year. This is, of course, still far too many. In 2015, there were 46 crashes involving Commercial Vehicles in Houston, Texas alone.

  • 1
  • 2
Practice Areas of Attorney Houston Tx Legal Practice Areas $27.8 Million Victories Liquid Natural Gas Storage Victories