San Antonio Personal Injury Lawyer

Nurses with Criminal Records

Beth Janicek — Mon, 12 May 2008 14:42:15 GMT

A television station research licensed nurses in Texas and found that more than one in 20 had a criminal record. The station compared the records with the licensing board and Texas Department of Public Safety criminal database. Such offenses included murder, kidnapping, and arson. The Texas Board of Nursing said they received the funding to do the research last year but they do not have the staff yet to do the research.

Some of the largest hospitals say they don't hire anyone with a criminal record that would be job-related. But several hospitals say each nurse's background is considered on a case-by-case basis, the station reported.

I have frequently run across this issue in cases that I have handled. Nursing homes are required to do criminal background checks and are prohibited by law from employing individuals with certain criminal convictions. It has been rare that I have found any nursing homes violating this law but frequently I find the staff has multiple convictions that do not bar them from employment. Nursing home patients are vulnerable not only to abuse and neglect but have a difficult time keeping any valuables in their rooms. Perhaps stricter review of the character of employees hired in the nursing home would help or better supervision of the employees. I am concerned about trusting a person who has multiple convictions for shoplifting to care and protect my loved ones health and valuables.

Dangerous Contraceptive Patch

Beth Janicek — Fri, 09 May 2008 13:19:37 GMT

Public Citizen has filed a petition with the FDA requesting that the Ortho-Evra patch be removed from the shelf within six months. The patch has been found to release dangerously high levels of estrogen which pose an increase risk of blood clots.

The Ortho-Evra label was changed again in 2006 and 2008 to include findings from studies that revealed an up to two-fold increase in the risk of blood clots in women using the patch compared to standard oral contraceptives.

The organization seeks removal because the costs outweigh the benefits. There has been little evidence to support that it is more effective than the birth control pill and there are considerable risks not associated with taking the birth control pill.

To read the full petition, go to www.NotMyPatch.org.

Blood clots can be a serious risk to women. I have handled several cases where young women have died from blood clots (not necessarily from using this patch). It is important that women understand the risks associated with using the patch and be sure to tell their treating medical providers they are using the patch in case they are suffering from any of the risks associated with it.

Border Patrol's Family Sues GM and Tire Company

Beth Janicek — Thu, 08 May 2008 16:10:37 GMT

In November 2006, Agent David Webb was killed in a rollover accident while driving a border patrol vehicle. There were no other vehicles involved and Agent Webb was wearing his seat belt. He was driving a 1997 Tahoe when the tread separated from the right rear tire. The Tahoe's roof collapsed causing massive head injuries. A lawsuit has been filed by the family and states the tread separated due to defects in the tire and the Tahoe Webb was driving, "is inherently unstable and has a weak roof which caved in as the vehicle rolled." If you or a family member has been injured in a rollover accident caused by a tire defect, contact me.

More Suits Filed in Heparin Case

Beth Janicek — Wed, 07 May 2008 08:39:00 GMT

Lawsuits are being filed every day regarding the tainted doses of the blood thinner Heparin. Another fatality involved a Missouri retiree who died as a result of an allergic reaction to the tainted drug Heparin on the day the company Covidien, Inc. announced its recall, March 28. A Philadelphia law firm filed suit on his behalf against the health-care company Covidien, Inc. alleging that the company waited weeks to recall the tainted Heparin even after other companies conducted their own recalls.

The attorney who filed the wrongful-death lawsuit states, "This case demonstrates that recalled Heparin is still in circulation, and that there may be more deaths around the country linked to it."

A nationwide alert has uncovered hundreds of other cases prompting the involvement of the federal Food and Drug Administration. They have traced the problem to a plant in Changzou, China who produced

The FDA traced the problem to tainted batches of Heparin's active ingredient, produced at a plant in Changzou, China which is operated by Scientific Protein Laboratories L.L.C.

If you or a loved one has been injured by the tainted batches of Heparin, please contact me.

Public Alert for the Mentally Ill

Beth Janicek — Tue, 06 May 2008 08:29:00 GMT

After a month of anguish, a San Antonio family has found their mentally ill mother in Dallas. Marguerite "Margie" Hockley, age 48, was reported to be schizophrenic. The missing person alert was cancelled April 8^th after Hockley was located and interviewed by San Antonio police who concluded she was not a threat to herself or others and did not exhibit mental problems warranting taking her in for a competency exam. She had spent the last month wondering through Texas and sleeping on the roadside. Kerrville resident Caroline Garcia, who tried to help Hockley when she was found facedown in a roadside ditch on April 26 south of Kerrville, has criticized deputies for not seeking medical help for Hockley instead of giving her a ride to the county line near Comfort.

Garcia and the Hockley's support legislation to a public alert system for people with medical or mental conditions, similar to Amber Alerts and Silver Alerts, for missing children and senior citizens respectively.

This legislation is needed as there does not appear to be any system in place for these individuals who are in need which could also help the law enforcement handle their needs better. I have a case pending presently against an assisted living facility and Bexar County who allowed a schizophrenic woman leave the facility. She was eventually picked up by the San Antonio Police Department and put in the Bexar County Jail where she died from seizures because the jail failed to provide her much needed medication to prevent seizures.

Patient Dies at Nursing Home

Beth Janicek — Mon, 05 May 2008 12:23:38 GMT

Felicia Ann Engle of Boaz, 20 years old, was placed in Golden Living Center due to terminal kidney disease. Her elderly father was unable to take care of her needs. On April 3, 2008 at approximately 3:00 p.m. she began yelling for the nurses to come help her as she was in excruciating pain.

The Golden Living Center in Alabama allowed 20 year old Felicia Ann Engle to scream for help for over six hours. She died after her continual screams for help went unanswered. At a minimum, nursing homes must be able to provide staff who can manage a resident's pain. Many residents have medical conditions which cannot be cured but they need to at a minimum be kept comfortable. It is disturbing that some nursing homes are so poorly staffed that they do not have enough nurses or enough well trained nurses to care for the resident's most basic needs such as pain control.

Now involved in the case is the United States Department of Health and Human Services. They have issued a statement stating that the Golden Living Center would not receive Medicare and Medicaid payments which will become effective today. If the US Department of Health and Human Services became more involved in cases such as these and cut Medicare and Medicaid payments to these facilities it would make these facilities more accountable.

Four Dead After Head-On Collision

Beth Janicek — Fri, 02 May 2008 13:34:06 GMT

Darrel Avery, a 38-year old driver of an SUV, was driving erratically and killed 3 innocent victims in Bastrop, Texas prompting an investigation into this tragic fatal collision. Cara Crisler, age 27 and her two daughters, Kelsey Harris and Talena Harris ages 8 and 4 respectively, died as a result of Avery's negligence. According to a witness, Avery's vehicle drifted into their path around 7 p.m. on Tuesday hitting them head on. Two other family members were injured.

The devastation of losing loved ones is extremely painful. When it is due to negligence it makes it even more painful.

Studies have shown that the leading cause of driver distraction is cell phone use. In January 2007 a survey was conducted by Nationwide Mutual Insurance Co. The survey of 1,200 drivers found that 73 percent talk on cell phones while driving. Cell phone use by young drivers was highest. Text messaging by young drivers is another major distraction causing motor vehicle collisions. The Liberty Mutual Research Institute for Safety and Students Against Destructive Decisions (SADD) conducted a survey in August of 2006 showing teens considered sending text messages while driving was their biggest distraction. Nineteen percent of motorists say they text while they drive.

Cell phone use while driving is negligent behavior. If you have something urgent that you need to attend to while driving, pull over, it could save your life.

Texas Supreme Court Ruling Involving The Injured Worker

Beth Janicek — Thu, 01 May 2008 12:50:46 GMT

BP families and Citgo blast survivors visited the Capitol to encourage lawmakers to undo the Texas Supreme Court's misguided decision in a high-profile workplace injury case, Entergy v. Summers. The Texas Supreme Court decision last year ruled that an injured contract worker could not sue the company because he was covered under their workers' compensation policy. These survivors and survivors' families live every day with this decision allowing corporations to escape accountability for their wrongdoings. Lawmakers need to clarify their position and protect injured workers, not unsafe companies.

"If no one is held accountable, then nobody is safe," said Eva Rowe, who lost both parents in the blast at BP's Texas City refinery. "The people that this will affect are working people."

The BP explosion in March of 2005 killed 15 people. If this ruling had been in place at that time, the injured and their families would not have been able to sue, therefore, holding no one accountable. This ruling erroneously expanded liability protection for companies under the workers' compensation law.

Over 4,000 lawsuits were filed after the explosion at the BP refinery, a London-based company. They have allotted $2.13 billion to settle lawsuits. Most of the cases have been settled.

Study of Blood Product Should Not Have Gone Forward

Beth Janicek — Wed, 30 Apr 2008 12:44:22 GMT

A new report is critical of a national study of an experimental blood substitute, PolyHeme, in critically injured patients never should have been allowed to take place due to the fact that earlier studies of similar products had shown them to be dangerous. The study included 19 participants in San Antonio- 14 in University Hospital and 5 in Brooke Army Medical Center.

The study found that those who were given PolyHeme were more likely to die then those that were given a saline solution.

Across the country, 47 patients who were given PolyHeme died, compared to 35 who received only saline - a difference researchers said was not statistically significant. In San Antonio, two patients given PolyHeme died, with one death in the saline group. Eleven patients nationwide suffered nonfatal heart attacks after being given blood substitute, versus three given saline. In San Antonio, one in each group suffered a heart attack.

The other criticism of this the study was most patients were too badly injured to give consent to participate. The FDA allowed the study to take place if participating hospitals held community meetings to explain the study. San Antonio residents could opt out if they wore a special wristband.

I find both criticisms disturbing. I believe the research was a noble cause but I strongly disagree that this was proper consent for those who participated in the study. First participants were unaware of the prior failed studies and I doubt any of them attending these meetings explaining the study. The FDA needs to do more to protect the citizens who end up being participants in such studies.

Workers' Compensation vs. Non-Subscriber

Beth Janicek — Mon, 28 Apr 2008 11:21:05 GMT

Texas employers can opt out of workers' compensation and become a non-subscriber. A non-subscriber is a Texas employer who does not purchase workers' compensation insurance for their employees. Some employers opt out of workers' compensation due to high premiums. Approximately 44% of Texas businesses are non-subscribers. Employers who are non-subscribers lose many of the protections provided by Texas law. Employees, of non-subscribers, who are injured on the job, can seek recovery for all of their damages as a result of the injury. They are entitled to money damages for their pain and suffering and mental anguish as opposed to employees who receive an injury and their employer subscribe to Worker's Compensation. Workers' compensation programs are limited from recovering those damages. A non-subscriber employer may purchase an occupational injury benefit program for their employees who provide medical benefits, wage benefits, disability benefits and death benefits. However, the employee is entitled to recover more that just what the plan provides. Employers who are non-subscribers often do not explain fully to the injured employee what their rights are under Texas law. The Law Offices of Beth S. Janicek handles non-subscriber work related accidents. If you have been injured in a work related accident and you are unsure as to whether your company is a non-subscriber, contact my office at the Law Offices of Beth S. Janicek, 100 Sandau, San Antonio, Texas (210)366-4949 or toll free at 877-79LEGAL.