Houston Personal Injury Attorneys – Smith & Hassler

Smith & Hassler previously reported on the tragic accident in North Houston on Friday July 15 involving a Houston Yellow Cab taxi colliding with the rear of a stopped 18-wheeler. The driver of the Yellow Cab has since been charged with criminally negligent homicide in connection with the deaths of his two passengers, Sandra Smart (aged 56) and Dorothy Britton (aged 84). The driver of the taxi cab, 56-year old David Houston, reportedly suffered minor injuries in the collision, which happened around 5:00pm on the Eastex Freeway near Laura Koppe road.

Reportedly Houston was driving the Yellow Cab minivan way too fast for the road conditions immediately before the collision occurred, and was weaving in and out of traffic according to witnesses. METRO police department is assisting with the investigation of the deadly wreck, as both Sandra Smart and Dorothy Britton were METROLift patrons and were being transported home after receiving dialysis services as part of a contract between Yellow Cab and METROLift to provide such services. Houston posted $100,000 bail and was out of jail as of Saturday.

Although Yellow Cab owned the vehicle Houston was driving, they will likely take the position that Houston himself was an independent contractor of Yellow Cab and not an employee. Yellow Cab’s career page states it is seeking drivers with a “great driving record.” METROLift’s web site states that: “It is important to us that patrons know METROLift is a shared-ride public transit service, not a taxicab service.”

Our sincere sympathies to the friends and families of Sandra Smart and Dorothy Britton on their loss.

U.S Health officials in the Food and Drug Administration (FDA) are warning that a product commonly used in surgery to address pelvic collapse and other women’s health problems causes a lot more complications than was previously thought and is likely exposing patients to unnecessary risks. The FDA last week issued a statement that women who have had surgical mesh implanted to support their reproductive organs are at greater risk of pain, bleeding and infection that women who have traditional surgical procedures with stitches.

Problems with vaginal mesh have been associated with products made by a number of different manufacturers, including C.R. Bard, American Medical Systems (AMS), Boston Scientific, Johnson & Johnson and others. Dr. William Maisel, the FDA‘s chief scientist and deputy director of the center for devices said that “The added benefit of using the mesh is not evident but there certainly appears to be an added risk.”

Pelvic prolapse and urinary incontinence surgery are common procedures in the United States.  More than half a million women undergo surgery for these problems each year though not all procedures involve mesh. About 75,000 had prolapse surgery with mesh inserted through the vagina in 2010 and more than 200,000 women had the procedure for incontinence. There is a less common version of the procedure where the surgeon inserts the mesh through the abdomen, and the FDA reports fewer complications are associated with that method.

Between 2008 and 2010 the FDA received more than 1,500 reports of complications from women undergoing vaginal prolapse surgery with mesh, up 500 percent from the prior 3 years, and there were fewer complications among patients getting surgery for urinary incontinence. The warning the FDA issued on Wednesday July 13th applies only to mesh used for the prolapse procedure. Doctors who perform the procedures say the incontinence surgery uses less mesh, possibly resulting in fewer complications.

The FDA conceded that a 200 public notice it issued describing problems with the mesh as “rare” was a mistake: after reviewing the literature over the last 15-years, the FDA now estimates the most common problems occur in 10 percent of women within a year of surgery, and these patients often undergo multiple surgeries to remove the mesh.

Even though there is a high rate of injury the FDA‘s top device scientists says the government will NOT withdraw the product because certain patients may still benefit. Patients who have suffered through mesh-related complications however say the device should be banned in all but the most dire cases, such as Lina Keeton of Miami, Florida who has undergone 17 surgeries to remove mesh implanted in 2001. Her group Truth In Medicine has been lobbying the FDA on the risks associated with mesh.

The FDA will hold a two-day meeting in September to discuss studies that would identify which patients would benefit most from mesh implants. Studies of that type usually take years and millions of dollars. For now Dr. Maisel said surgeons should first consider traditional prolapse surgery in which the pelvic floor is re-positioned and tightened using stitches. Even though the procedure is safe it has a 20-45% failure rate, which is what lead doctors to first begin using the surgical mesh.

Medical device manufacturer and marketer C.R. Bard introduced its Avaulta Anterior and Posterior BioSynthetic Support System in 2007: a number of lawsuits have been filed by women who experienced complications with the system. The lawsuits allege CR Bard negligently designed the product and failed to warn patients of possible complications that can result in serious complications and physical pain.

The Food and Drug Administration’s Alert Notice can be read here. You can click here to download the 15-page FDA document titled “Urogynelogic Surgical Mesh: Update on the Safety and Effectiveness of Transvaginal Placement for Pelvic Organ Prolapse.”

If you have experienced serious complications due to placement of surgical mesh during surgery for pelvic prolapse, contact Smith & Hassler for a free evaluation of your products liability claim.

A crash between a Precinct 3 Constable‘s bus and a motorcycle on Clay Road at Durban has left the motorcycle rider in critical condition.  According to a brief report from Channel 13, the law enforcement bus was at a stop sign at the intersection of Durban and Clay Road when the bus driver pulled forward to turn left, getting in the way of the motorcyclist traveling on Clay. The motorbike crashed into the side of the bus, severely injuring the rider who was transported to Memorial Hermann Hospital in critical condition. Police said the driver of the bus will get a traffic citation. The citation will probably be for failure to yield the right-of-way when turning left.

If you or a loved one has been injured in a motorcycle accident, call the experienced personal injury attorneys at Smith & Hassler for a free consultation on your injury claim. Of all the motorized transportation types on public roads,motorcycle accidents have the highest potential to cause serious injury or death: having a Smith & Hassler personal injury attorney working on your motorbike accident injury claim puts knowledge and experience on your side. Check out this review submitted through Google in reference to a motorcycle injury claim handled by Smith & Hassler:

“Josh A – My father was in a motorcycle accident on 5/31/2010. Seeing how the accident wasn’t his fault and there was more than one insurance company involved, my father and I realized we needed to seek legal advice on how to proceed. Like most in need, we looked here on Google and found Smith and Hassler. I contacted them and spoke briefly with the receptionist who then forwarded my call to Daragh Carter. Daragh and I spoke for 20 minutes as I filled him in on the details involving my father’s accident and he asked that I come in and meet with him as soon as possible. My father and I went into their offices and were invited to sit in a conference room. We waited there a few moments until Melissa came in and started taking our case information. After we spoke with her for about 15 minutes Daragh came in and again we went over the accident and all information we had. Daragh said they would represent us and we didn’t need any further contact with the involved insurance companies. Smith and Hassler even helped my father locate a good physical therapist that would work within his health plan. It took Daragh some time but he was able to get the full insurance amount from both involved insurance companies and a nice settlement for my father. Both my father and I are very thankful to Daragh, Melissa and everyone else at Smith and Hassler who worked on my father’s case. Daragh and Melissa’s hard work and dedication helped my father through a very difficult time. I hope I never need their services again, but if I do I am confident that Daragh, Melissa and Smith and Hassler will be there for me and my loved ones.“

According to the web site for Hansen Mortuaries in Phoenix, Arizona, the funeral is scheduled today of 29-year old Colleen Nicole Doyle. Colleen was riding in the Toyota Camry that on July 3, 2011 struck the minivan driven by Joshua (41) and Robin Berry (40) and their children Peter (9), Aaron (8) and Willa (6). Joshua and Robin were killed in the collision near Fort Stockton, Texas and Peter and Aaron sustained serious spinal cord injuries that may leave them paralyzed from the waist down. A fund has been set up for the Berry Children and is accepting donations big and small.

The ceremony for Colleen Doyle will take place at Gateway Christian Church in Roswell, New Mexico. Colleen’s husband Michael Scott Doyle was driving the Camry at the time of the accident and the couple’s 18-month old daughter Mckenzie was riding with them. Fortunately Mckenzie appears to have weathered the tragic accident relatively well.

29-year old Colleen Doyle who died in the July 3, 2011 collision.

Michael Scott Doyle, driver of the Camry that collided with the Berry's minivan

This yellow cab rear-ended a big rig on the Eastex Freeway July 15 2011 killing two passengers

Channel 13 Eyewitness News is reporting a deadly crash on the Eastex Freeway near Laura Koppe. A Yellow Cab minivan crashed into the rear of a big rig tanker truck when, according to witnesses, the yellow cab driver was traveling at a high rate of speed and weaving in and out of traffic. Two elderly women were riding as passengers in the taxi – one was pronounced dead at the scene, the other passenger was transported to the hospital and died there. The taxi driver’s condition wasn’t reported, but police say if he survives he will face a charge of criminally negligent homicide.

2 People Dead in Crash on Eastex Freeway: MyFoxHOUSTON.com

Click2Houston.com has published an article about the Park Avenue luxury apartment complex located off Pearland Parkway: the apartment complex is apparently experiencing a tremendous upsurge in criminal activity, and residents are understandably worried for their safety. The complex is located in southeast Houston and according to the complex’ web site offers 10 different luxury floor plans for 1, 2 or 3 bedroom apartments.

Residents are particularly on edge after two men forced their way into a mother and daughter’s apartment, pistol whipped them both, and then stole their valuables and both of their cars. A single mom whose apartment was burgled 3 months before is quoted as saying those in charge at Park Avenue Apartments did not do enough to make she and her family feel protected after they were victimized by burglars. She said that there is no security, and the one security person who is present is not proactive and does not get out of his car.

According to the Houston Police Department, officers have been called out to Park Avenue Apartments 65 times since February, of which 21 calls were responding to burglaries. When Channel 2 went to the complex to speak to someone in charge, the property manager of Park Avenue Apartments pushed their reporter aside and threatened to have her arrested.

The Texas Supreme Court‘s decision in Timberwalk Apartments Partners, Inc. v Cain, 972 S.W.2d 749 (Tex. 1998) sets out what a Plaintiff must prove when alleging they were injured or sustained damages due to the failure of a property owner to provide adequate security.  In that particular case, a woman who had been raped alleged that the landlord of her apartment complex was in part responsible for the rape because the landlord failed to provide adequate security. The court held that a duty to protect another person from the criminal acts of a third person exists only when the risk of criminal conduct is go great that the risk is both unreasonable and foreseeable. Whether the risk of criminal conduct is foreseeable should be determined based on what the premises owner knew at the time of the incident, not what could have been known with hindsight.

The court decided that in determining whether certain criminal conduct on a landowner’s property could have been foreseen, courts should consider the following factors:

(1) whether any criminal conduct previously occurred on or near the property;
(2) how recently it occurred;
(3) how often it occurred;
(4) how similar the conduct was to the conduct on the property; and
(5) what publicity was given the occurrences to indicate that the landowner knew or should have known about them.

These have come to be known as the Timberwalk factors. With 21 burglaries since February at Park Avenue Apartments, a news story about the pistol whipping of the mother and daughter residents on Wednesday, a news article today, a visit to the Property Manager from a Channel 2 reporter who was kicked out and at least one resident who said she broke her lease and moved out due to concerns she had for her family’s safety, it certainly seems that Park Avenue Apartments is very much on notice that they have a crime problem on their property.

As of July 15, 2011, Park Avenue Apartments has 8 reviews showing up on Google and is rated by reviewers as 1.5 stars out of 5. The Park Avenue Apartments July 2011 community newsletter includes a crossword and a recipe for blueberry ice cream but does not warn or inform residents regarding criminal activity on the property.  The newsletter identifies the Property Manager as Shelly Porter and the Assistant Property Manager as Vanessa Schnell.

The Park Avenue Apartments complex brochure opening paragraph states: “Nothing offers more comfort than the pleasures of a cozy, secure and beautiful home, and nowhere offers a more ideal retreat than Park Avenue at Boulder Creek.”

A single car accident took the life of a female motorist last night and investigators suspect drunk driving may have been involved. A woman was driving along in a Lincoln sedan when her car left the roadway of westbound S. Wayside, crashed through a fence and drove through a parking lot then slipped onto its side and hit a utility pole. Houston Police Department has not identified the woman: she died at the scene. According to ABC Channel 13’s coverage of the accident the woman stopped in the middle of the roadway around 11:30pm, then turned into a field and lost control before hitting an electrical pole. Click2Houston.com’s report states the woman was only 20-years old, and lists the time of the wreck as 12:20am.

One morning on the way to work you are rear-ended while waiting at a red light.  You are hurt and your car is badly damaged.  Your car was not safe to drive and has been towed to a storage lot.  The driver who rear-ended you apologized at the scene and told you she was at fault.  The police officer who investigated the accident issued the driver who hit you a ticket for rear-ending you and told you the other driver is at fault.

That afternoon you called the other driver’s insurance company and set up a claim.  They said they cannot provide you with a rental car right away.  The accident was clearly the fault of their insured, so why no rental car? You’re without your car through no fault of your own and you are frustrated…is the insurance company giving you the run-around?

The answer is that they are probably not giving you the run around.  Before an insurance company will accept liability for a claim and start doing things that cost them money (like providing you with a rental car), they will want to investigate the claim.  At a minimum they will want to speak to their driver and ask them how the accident happened.  The insurance company will also want to verify coverage, by making sure that their driver’s insurance policy was in effect on the date of the accident and that the person driving was a covered driver under the policy.

Even the most efficient insurance companies typically cannot complete an investigation within hours of a car accident, for example: they may have trouble reaching their insured to get their version of events.  While you have called and reported the claim, and you may have provided your version of how the accident happened which is completely correct and truthful, the insurance company will not make a decision to part with their money based ONLY on your version of what happened.

It is frustrating to suddenly be without your vehicle due to someone else’s carelessness and you have ever right to feel frustrated. But…think of it this way: if you got a bill in the mail from someone you didn’t know saying you owe them $1,000 and you need to mail them a check, you would want to know why they think you owe them money.  You wouldn’t just assume you owe them money because they say so and mail out the check.  You would try to figure out if you really owed the money before you paid.

Try to be patient. Even if you are frustrated, don’t take it out on the insurance adjuster.  There is an old saying: “You catch more flies with honey than you do with vinegar.”  Adjusters are people too, and they are more likely to help out people who are patient and polite than people who scream at them or behave unreasonably.

If you have been injured as a result of a motor vehicle accident, typically the earlier you get sound legal advice, the better. For example, Smith & Hassler strongly recommends you do not give a recorded statement to the other driver’s insurance company.  You can call Smith & Hassler for a free consultation regarding your motor vehicle accident claim and speak directly to our attorneys.  We can help you by talking you through the process and helping you understand what to expect.

Tim Miller, founder of Texas EquuSearch, has filed a lawsuit against Casey Anthony seeking to recover the $112,000 it spent on the search for 2-year old Cayleigh Anthony. The suit was filed Tuesday July 12th, 2011 in Orlando, Florida. Tim Miller spent a month in 2008 searching for Cayleigh. Miller and nearly 4,200 workers and volunteers traveled to Florida to participate. Casey Anthony didn’t report her daughter missing for 31-days and claimed she didn’t know what happened to her little girl. EquuSearch went to Florida to search for Cayleigh because they were asked to come by Cindy Anthony who is Cayleigh’s grandmother and Casey Anthony’s mother. Texas EquuSearch relies on donations for funding and Mr. Miller said he owes it to those who donated money to recoup the approximately $112,000 spent on the search for Cayleigh, which he says is about 40% of the organization’s annual budget. The lawsuit also says that Texas EquuSearch turned down requests for help from 15 other families because they had committed so many resources to searching for Cayleigh.

There has been some speculation as to whether Casey Anthony, acquitted last week on charges that she murdered Cayleigh, may profit from the tremendous media attention to the murder trial, perhaps through film rights to her story or a book deal. So-called Son of Sam laws exist to stop criminals from profiting financially from their crimes, including by selling their stories. These laws often allow states to seize the proceeds of such sales and use the profits to compensate the murderers’ victims. The catch with Son of Sam laws as applied to the Casey Anthony case however is that the accused criminal must be convicted of the crime for the laws to apply. Casey Anthony was convicted of lying to investigators, but whether that conviction is sufficient to invoke any Son of Sam law that applies remains to be seen.

Son of Sam laws notwithstanding, any media outlet that pays Casey Anthony for her story, her time, or anything else, should prepared themselves for a significant public backlash.

A Saturday night crash has left a police officer recovering in the hospital.  Apparently the officer was responding to a call in his patrol car with lights and sirens activated when a Chevrolet Trailblazer SUV traveling on the North Freeway feeder road failed to stop for a red light. Police said the Trailblazer t-boned the side of the police car: police plan to investigate whether alcohol was a factor in the crash. Video (see below) from KHOU shows damage to the passenger side front fender and rear fender of the police car, and damage across the entire front of the silver-colored Trailblazer. ABC’s story on the officer involved accident is here.

If you or your family have been injured by a drunk driver, call Smith & Hassler for a free initial consultation (either in-person or by phone) with a personal injury attorney. All of the litigators at Smith & Hassler have experience handling both claims and lawsuits against intoxicated drivers. Smith & Hassler aggressively pursues compensation for clients injured by the selfishness of drunk drivers. Insurance companies want to settle claims involving drunk drivers EARLY and FOR AS LITTLE AS POSSIBLE. The insurance company knows Harris County juries have little sympathy for intoxicated drivers who hurt others and damage their property. Don’t let an insurance adjuster talk you into giving away your legal rights.