Fort Worth Injury Lawyer Blog

Four people died in a car wreck the day after Christmas in Southlake due to alleged acceleration problems with a Toyota Avalon. A lawsuit was filed on Thursday against the Japanese automaker for the death of one of the four passengers of the car. I blogged about this accident here.

This is at least the third law suit filed against Toyota in Texas. All suits involve the vehicle speeding or accelerating out of control. For more information about the recalls specifically please click here or here.

According to the Southlake Police Department’s report, Monty Hardy was driving the car on Lonesome Dove Road and failed to stop at a T intersection with Burney Lane. The vehicle crossed the road, went over an embankment, went through a mental fence, and ended up being up-side-down in a six foot deep pond.

My deepest sympathy goes out to all four lives lost in this tragic accident. I sincerely hope that these recalls are resolved and taken more seriously before there is even more of a problem with fatal accidents around the country. It seems like every day there is a new problem involving Toyota. I hope justice is served in their case, and can help bring the families some closure.

This information is provided by Fort Worth Injury Lawyer Mark Anderson. Mark can be reached in Fort Worth at 817-294-1900 or online by clicking here.

I recently blogged about Toyota’s 4.2 million vehicle recall after concerns that the floor mats were getting caught up beneath the accelerator pedal; this defect causes uncontrollable acceleration which caused several wrecks and killed four people in San Diego. Now, they are recalling 2.3 million vehicles due to a similar problem; however, this time, the defect is in the pedal itself, not the floor mat.

The cars affected in the recall:

2009-2010 RAV4
2009-2010 Corolla
2009-2010 Matrix
2005-2010 Avalon
2007-2010 Camry
2010 Highlander
2007-2010 Tundra
2008-2010 Sequoia

The cars affected by this recall AND the floor mat recall:

2005-2010 Avalon
2007-2010 Camry
2007-2010 Tundra

According to Toyota, these vehicles are at risk for the accelerator pedal to become stuck even without a floor mat present. The problem is that the pedal mechanism can wear down and in some cases causing the accelerator to become harder to press, slower to return, or even stuck. Toyota thinks the problem is caused by build-up of condensation on sliding surfaces in the accelerator system.

Unfortunately, the company does not yet have an actual fix for the problem, although they say they are working on one. The company will be contacting drivers affected by the recall immediately.

According to The National Highway Traffic Safety Administration, problem is "a serious safety issue and we are pleased Toyota is taking immediate action to address it."

Information provided by Texas Board Certified Personal Injury Lawyer Mark A. Anderson, who can be reached in Dallas at 214-327-8000, in Fort Worth at 817-294-1900, or toll fee anywhere in the state at 877-294-1115. He can also be contacted by clicking here.

A bizarre and fatal car accident occurred in Southlake, Texas at the intersection of Lonesome Dove and Burney Lane yesterday morning. It is not known what caused the Toyota Avalon to leave the road, smash through a metal fence, run into a tree and flip over into a private pond. The two people pronounced dead at Baylor Regional Medical Center in Grapevine were Monty Hardy, 56, of Southlake and Hadassah Vance, 35, of Euless. Then, today the two other occupants of the car, Wendy Akion, 38, of Irving, and Sharon Ransom, 56, of Grapevine, also died at Baylor Grapevine.

The cause of the horrible accident is still being investigated. According to the Southlake Police Department; there were no skid marks on the road. Was it a defect or malfunction of the Toyota? Those cars have been subject to a massive recall for floor mats which cause the accelerator to stick. (see my prior blog here for info on the recall). With there being no skid marks, you have to first think that the accelerator must have been stuck. If so, the families of these four innocent victims might very well have a major products liability case to pursue.

I feel very sorry for the families of these four victims. For them, I hope answers come fast.

Information and legal commentary provided by Texas Injury Lawyer Mark A. Anderson, phone 817-294-1900, contact online.

Parents in the Fort Worth Dallas area beware. In its second big recall of the year, Stork Craft Manufacturing of Canada has recalled 1.2 million cribs in the United States and nearly 1 million in Canada, where the company is based. The cribs involved in the recall have drop-down sides and have been sold since 1993. According to the head of the Consumer Product Safety Commission, this type of crib will probably be completely eliminated due to its danger to children. Stork Craft has received 4 reports of infant suffocation due to this type of crib.

The problem with the drop-down side crib is that the drop-side can detach and create a space between the drop-side and the crib mattress where children can become trapped and suffocate. The hardware holding these sides in place can break or become damaged over the years creating the suffocation danger. In January, Stork Craft recalled about 500,000 cribs because of problems with the metal brackets that support the mattress.

For years advocates have complained about drop-side cribs, and more than 5 million have been recalled over the past two years for contributing to the deaths of a dozen young children. ASTM, an organization that sets voluntary safety standards for all sorts of consumer products, approved a new standard recently for fixed sides for full-size cribs. Toys “R” Us started phasing out drop-side cribs earlier this year and after next month will no longer carry them.

So why has it taken the CPSC so long to recall these dangerous cribs? According to CPSC Chairman Inez Tenenbaum, “We have just not been acting as quickly as we should have…on these types of incidents.” CPSC is now considering adopting ASTM’s voluntary standard, banning drop-side cribs completely.

If you have a drop-side Stork Craft crib, the CPSC recommends getting rid of it completely, or at least ordering the repair kit to immobilize the drop-side. You can obtain a free repair kit at www.storkcraft.com, or call the company at 877-274-0277. Some of the Stork Craft cribs have the Fisher Price logo, and some have “storkcraft baby” or “storkling” on the drop-side. For the full report at CPSC, click here.

Information provided by Texas Board Certified Personal Injury Attorney Mark A. Anderson, who can be reached toll free at 877-294-1115, or contacted by clicking here.

Easton Sports recalled all of their EA30 bicycle stems last week because the stem can crack and cause the rider to lose control of the bike and fall. Already one cyclist has been injured as a result of these faulty stems.

Bikes with this stem were sold from August 2007 through August 2009. Aftermarket stems were sold through September 2009. The EA30 is black with white and gray graphics and a four-bolt stem face cap. “EA30” is printed on the stem.

Easton Sports is providing a free replacement stem for the EA30’s involved in the recall. For more details, call Easton Sports toll free at 1-866-892-6059, or click here to read their recall notice. Click here to read the entire notice on the Consumer Product Safety Commission website.

Information provided by Texas Board Certified Personal Injury Attorney Mark A. Anderson, who can be reached toll free at 877-294-1115, or contacted by clicking here.

Popular British baby stroller and accessory company Maclaren, which promotes itself as being stylish, innovative, and safe, issued a huge voluntary recall yesterday of close to one million folding strollers.

The stroller involved in the recall is the single and double umbrella style stroller, which includes models Volo, Triumph, Quest Sport, Quest Mod, Techno XT, TechnoXLR, Twin Triumph, Twin Techno, and Easy Traveller. The stroller poses a danger to children because the folding hinge can cut or even amputate children’s fingers. The recall comes after 12 reports of fingertip amputation in the U.S.

According to Maclaren’s website, owners of these strollers can obtain a free repair kit to cover the stroller’s hinge mechanism. To find out more from the Consumer Product Safety Commission, click here.

Information provided by Dallas/Fort Worth Board Certified Personal Injury Attorney Mark A. Anderson, who can be reached toll free at 877-294-1115, or contacted by clicking here.

Here in the Dallas Fort Worth area, you hear about it in the news every now and then: a drug is recalled because of potentially dangerous or fatal side effects. What they typically don’t tell you about is how the FDA comes to the conclusion that a drug is dangerous enough to call for it to be “pulled off of the shelves.” It usually isn’t because of theoretical case studies. Drug recalls are usually a result of a pattern of injuries, sometimes fatalities, which are reported to the federal database. Unfortunately, those people who suffered the consequences wrongly, but justifiably, believed they were taking a safe drug.

Legal remedies for drug-related injuries
If you follow my blog, you’ll notice that I’ve posted a couple of articles about the Vermont woman who sued Wyeth over a drug injected for anti-nausea that ultimately led to losing her arm. Wyeth appealed her lawsuit all the way to the United States Supreme Court, citing a federal preemption that could potentially ban patients from suing pharmaceutical companies at all. Fortunately, the Supreme Court ruled in favor of the patient’s right to sue, overturning the ban and making it possible for patients to seek legal remedies in the event of a drug injury.

Thanks in part to that federal ruling, patients have the right to pursue legal remedies in the event of a botched or dangerous drug case. As information about dangerous drugs becomes more publicly available, patients may find that even though they didn’t think they had a case, they can pursue legal action against a drug company for their injuries.

Don’t let a drug company get away with putting potentially dangerous drugs on the market. If you’ve suffered a drug-related injury, contact a personal injury attorney to find out whether you’re eligible to pursue a legal case against the drug company. You’re not only advocating for yourself; you’re potentially protecting anyone else who might ever use the drug and find themselves injured or killed.

Currently, the Anderson Law Firm is reviewing cases involving the dangerous drugs Reglan (or Metoclopramide), Avandia and Chantix. If you or a loved one has been injured as a result of taking these drugs, contact us online or at 877-294-1115.

About 300,000 robes have been recalled, including full length robes, jackets, lounge jackets and tops. The chenille items were sold in Blair stores in Pennsylvania and Delaware and nationally in Blair catalogs from 2000-2007.

Most of the deaths linked to the robes occurred when the victims were cooking; the chenille proved highly flammable when it came into contact with the cooking flame. Most of the victims were in their 70s and 80s.

The Consumer Product Safety Commission and Blair LLC initiated the recall of the items that were made by A-One Textile & Towel, of Karachi, and were manufactured in Pakistan.

For more information, visit the Blair recall website.

Information provided by Texas Board Certified Personal Injury Attorney Mark A. Anderson, who can be contacted toll free at 877-294-1115, or by clicking here.

The Consumer Product Safety Committee recalled millions of window blinds and shades Wednesday because of their danger to children. The recall includes blinds and shades sold at Pottery Barn Kids and IKEA as well as many brands sold at retailers like Target.

Three children have died as a result of becoming caught and strangled in the exposed cords that move the blinds up and down. Two of the blinds that caused deaths were the Lewis Hyman roll-up blind, sold at retail stores from 1999-2003, and the Woolrich roman shade, sold at Target from 2006-2008. Customers should contact the company for a free repair kit. A Vertical Land blind, sold in Florida from 1992-2006, caused the third death. Customers of this product should contact the company for a free retrofit kit.

Roman shades were recalled from Pottery Barn Kids and William Sonoma after six children were found with cords wrapped around their necks. Fortunately, none of these children died. Roman Melina blinds were also recalled from IKEA after a child was found hanging from the cord nearly strangled to death. Customers of these blinds should return them to Pottery Barn Kids, Williams Sonoma, and IKEA for a refund.

The problem with these types of shades is the exposed cord that moves the blinds up and down. A child playing with or near the blinds can easily become entangled in this cord and die of strangulation if not found and disentangled immediately.

For a complete list of the recalls and more details about the types of blinds involved, click here.

Information provided by Dallas/Fort Worth Injury Attorney Mark A. Anderson, who can be contacted at 817-294-1900, or by clicking here.

Litigation is about to begin surrounding the collapse of the Dallas Cowboys practice facility which happened back on May 2. The collapse injured 11 people and permanently paralyzed Cowboys scouting assistant Rich Behm.

Behm has hired Dallas-based injury lawyer Frank Branson who has already deposed the president of the company who built the structure—Summit Structures. Branson has also asked for company records; apparently, the Cowboys were aware of a previous structure failure constructed by Summit Structures, but chose to go with them anyway when building the practice dome.

Behm will not be suing the Cowboys, however, since Behm was covered by worker’s compensation, which bars him from filing suit against the organization.

Instead, Behm will go after Summit Structures for the poor building quality which left Behm with permanent life-changing injuries. According to Irving building code, the practice facility was supposed to have been able to stand wind gusts up to 90 mph. The day of the storm, winds were between 70 and 85 mph according to the National Weather Service.

Apparently, Summit Structures President, Nathan Stobbe is basing his defense on the severe weather and “downdraft” of wind that fateful day. A civil proceeding to allow for pre-lawsuit discovery has been filed. A lawsuit will no doubt follow soon.

Information provided by Fort Worth Board Certified Personal Injury Lawyer Mark A. Anderson 817-294-1900.

June and July are officially designated National Fireworks Safety Months. Each state has differerent laws regarding the use of fireworks based on factors determined by the state fire marshalls. Texas, like most Midwestern states, allows the use of all consumer fireworks and requires those who operate special effects to have a permit and be at least 21 years of age. You must be at least 12 years old to purchase consumer fireworks.

Here are some safety tips to keep in mind as the 4th of July holiday weekend approaches. Information provided by the National Council on Fireworks Safety:

* Use ALL fireworks and sparklers outside
* All users should be at least 12 years old
* Obey all local laws and bans
* Do not alter fireworks--use them only as intended
* Designate a "shooter" as you would a designated driver--alcohol and fireworks do not mix
* Use common sense and always use extreme caution when lighting fireworks

The Anderson Law Firm wishes everyone a fun and safe Independence Day!

General Motors and Chrysler have thrown in the towel and after taking billions of our tax dollars, they have filed for bankruptcy. This means that the company stockholders and a whole lot of other people are left with nothing. The focus in the news has been on the dealers who have lost their dealerships and on all of the job losses. But there has been little mentioned about the affect the two bankruptcies will have on the victims of defective vehicles that were produced by the two manufacturers.

People are injured all the time by defects in these cars and trucks and I sincerely believe that the past lawsuits against the manufacturers have forced the companies produce safer cars. Sometimes, fear of litigation is not such a bad thing. But those poor folks who have suffered the loss of a loved one or who were seriously hurt because of a defective Chrysler or GM vehicle, have just seen their lawsuit go away. There is virtually zero chance that these victims will ever recover a dime in either of these two very complicated bankruptcies.

It also appears that the bankruptcies will forever extinguish the rights of people who are injured in the future as a result of defective cars which were manufactured before these bankruptcies were filed. Sound crazy? Absolutely! Unfortunately, if you become injured in 2010 as a result of a known defect in your 2008-model GM or Chrysler car that exploded upon impact and paralyzed you, it means you will have no right to sue the maker of the car for the known defect.

It doesn't seem fair at all, but that's exactly what all the smart bankruptcy lawyers are saying. They are aware of this fact and it might have even been one of the multiple reasons for the comanys' decision to file in the first place.

Arguably, there should be a way to set aside some money for the potential future lawsuits, or make Fiat or the New GM somehow responsible when these suits arise. But that's just not going to happen, which is too bad for us consumers.

Mark A. Anderson is an injury attorney based in Fort Worth, Texas and can be reached at 817-294-1900 or contact him online.

If you have been injured in an auto accident, or any other type of accident for that matter, you have a ton of options when it comes down to hiring a lawyer for your Texas accident claim. Hiring an attorney is a very important decision and it's sometimes very difficult to try and weed through all of the attorneys out there who hold themselves out as being “injury attorneys.” So how do you know you're making the right decision? The best thing to do is to limit your search to only attorneys who are Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. This is a designation held by only 2% of the roughly 80,000 lawyers who practice law in Texas.

What does it mean to be Board Certified? It means that the attorney has passed a rigorous test on injury topics, has tried a certain number of cases to a jury, has been recommended by local attorneys and judges and has been practicing a certain number of years. There are plenty of qualified attorneys in Texas who are Board Certified, so there's no reason that an injury victim should settle for a lawyer who is not Board Certified.

The importance of hiring a Board Certified Injury Attorney is discussed in Mark A. Anderson’s new book, 15 Mistakes That Will Wreck your Texas Accident Case. This book is full of information which is helpful to accident victims. The Anderson Law Firm is offering a copy of the book FREE to Texas residents. To order your free copy, please call the firm at 817-294-1900. The book can also be ordered online at www.DontWreckYourCase.com.

Utah-based company, Skywalker has recalled 60,000 tramplines due to 250 reports of straps breaking. Fortunately, no injuries have been reported and Skywalker is voluntarily recalling the trampolines, which were made in China. The reportedly broken straps help hold up the top portion of the trampoline enclosure, and broken straps could make it easier for users to fall off the equipment.

The products were sold as Trampoline and Enclosure Combos between January 2007 and February 2009 in stores nationwide for $400-600. They are 13 square feet. Skywalker is advising consumers to stop using the trampolines and to call 866-603-5867 for a repair kit.

If you've been injured by a product which has been recalled, please contact Texas Injury Attorney Mark A. Anderson for a free consultation at 817-294-1900.

It seems that I am always reporting about bad news. But today, I have incredibly good news to report about a decision issued by the U.S. Supreme Court. Back in September, I wrote about the Levine vs. Wyeth lawsuit. In that case, a Vermont lady had sued Wyeth and won a $6.7 million jury award based upon her losing her arm because of a botched injection of an anti-nausea medication. The manufacturer of the drug, Wyeth, appealed the jury’s award all the way to the U.S. Supreme Court and relied on a federal governmental ruling which essentially barred any lawsuit against a pharmaceutical company as long as the drug was approved by the Food & Drug Administration. This was just one of the many anti-consumer rulings set forth during the Bush administration.

The U.S. Supreme Court in a 6-3 ruling rejected Wyeth’s interpretation of the Bush administration’s ruling and said that the federal law did not prevent Ms. Levine from suing Wyeth. This is great news for Ms. Levine who has to live with one arm for the rest of her life due to the defective drug manufactured by Wyeth. I am very happy for her. I am also happy for all of America as the threat of litigation keeps these pharmaceutical companies somewhat honest. When they do not have the fear of lawsuits, they are truly able to disregard patient safety and focus only on profit.

See a full copy of the opinion here.

Information provided by Fort Worth Injury Lawyer, Mark Anderson.

Contact number: 817-294-1900

Yesterday, Senator Grassley issues a letter to Wyeth, the large pharmaceutical company, requesting information on its role in ghostwriting articles later published in medical journals supporting the safety of one of its drugs. One of the articles in issue was published in The American Journal of Obstetrics and Gynecology and supported the safety of the best selling drug Prempro. Through litigation, Plaintiffs’ lawyers had discovered the trail of the long suspected ghostwriting theory. What they had found were documents which showed that Wyeth came up with the ideas for the medical articles, drafted outlines (even came up with the titles), recruited authors, picked the eventual publications to use---all without ever disclosing to the public that they had a role in the articles.

Sure does make you wonder about the accuracy of the articles. Clearly the drug companies want favorable articles published so they can sell their drugs. The worst part is the articles are relied on by the prescribing doctors in making their decisions.

I wrote a few months ago about the “seeding” or marketing studies done by Merck with regards to Vioxx. Yesterday’s news is just another example of what can happen when companies put profits first above safety. Stay tuned as for the result of this Congressional inquiry.

If you have a question regarding a dangerous prescription drug, please call Fort Worth, Texas Injury Attorney Mark A. Anderson. His firm is currently accepting cases regarding Heparin, Avandia and Chantix and reviewing the safety of other prescription drugs. Please call the Firm at 817-294-1900 or Contact Mark A. Anderson Online.

Remember when I wrote about the helicopter that crashed into the roof of a residential home in Wisconsin while a family slept inside? Well a similar thing happened yesterday in San Diego, California and unfortunately, some residents were just as unlucky.

Several people were injured and three people were killed when a military jet crashed into a home in a residential area of San Diego and at least two homes burnt to the ground. Twenty more homes were evacuated Monday due to the dangerous fumes the explosion emitted. The aircraft was a F/A-18D Hornet fighter jet and it crashed into the University City neighborhood which sits just about two miles from the Marine Corps Air Station Miramar.

Early accident investigations have not revealed the cause of the crash but apparently, jets like this one have been recently grounded by the military for repair. The pilot ejected safely before the crash and did not appear to be injured. He was found hanging by his parachute in a tree nearby.

The three people who were killed included a baby, its mother and a grandmother—all of which were in the house the jet crashed into.

Yesterday, when I wrote about a girl killed in a Beaumont, Texas parade over the weekend, I mentioned that the viability of a wrongful death claim in that case will depend on the accident investigation. In this case, however, the people in the home who were innocently killed by the jet crash were most definitely wronged. By no fault of their own, an accident took their lives. Their families will most likely make wrongful death claims against the military or the jet manufacturer for the deaths of their loved ones.

If a loved one has been killed wrongfully or personally injured as the result of someone else’s negligence, please call me to discuss your rights at 817-294-1900 or Contact Me Online.

I received news of an important recall that I’d like to share because I think it applies to many people. Some 140,000 Bridgestone/Firestone tires are being recalled today. The tires were manufactured between June 4 and September 8, 2007. Another 27,000 larger Lemans Champion tires which were manufactured between June 4 and September 2, 2006 are also being recalled. The reason is the same for both types of tires—they were all produced with insufficient tread base guage.

The cause may sound complicated, but the potential negative effect from these faulty tires is simple: car accidents. Driving with the recalled tires can lead to vibration and groove cracking, which eventually may lead to distortion of the tire tread, resulting in loss of vehicle control. If your tire tread falls apart, you will undoubtedly lose control of your car and wreck. It would be similar to the feeling of popping a tire, but imagine doing that at high speeds on an interstate or in any other dangerous situation.

Bridgestone/Firestone is supposed to be contacting owners of such tires and replacing them free of charge. If you think this may apply to you, call 1-800-465-1904 or visit the Bridgestone/Firestone Web site for more information.

To see the official recall and any other car-related recalls, visit safercar.org. And remember, if you’ve been personally injured in a car accident, feel free to contact me at 817-294-1900 for a free consultation.