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The Woodlands Personal Injury Law Blog

Keeping prescription drugs safe

Millions of Americans rely on prescription drugs to maintain health and wellbeing. Fortunately, the country's regulations on these drugs keep most consumers safe and worry-free, but nevertheless there are some drugs that slip through the cracks. Texas, along with the rest of the U.S., follows general safety procedures in regards to dispensing and distributing prescription drugs. When a patient goes through a negative experience with a prescription and did not receive warning of the risks, they may decide to take legal action.

Nonprofit organization Livestrong released an article last August that contains some of the most dangerous prescription drugs. Among the list were Prednisone, Prozac, pain killers, beta blockers and other widely used prescriptions. Although successful in short-term treatment of poison ivy, Prednisone could welcome health disorders if used for long durations of time. Warnings regarding Prozac touch on risks for akathasia, or constant agitation. Pain killers may seem an apparent danger -- especially with today's opioid epidemic -- but patients across the country suffer from extreme addiction, which can become life-threatening. Beta blockers raise another red flag: according to Livestrong, these drugs that help lower blood pressure could backfire and cause cardiac problems. 

What is negligent entrustment?

Anyone can be involved in an auto accident in The Woodlands. However, such incidents are typically the result of reckless behavior on the part of at least one of the parties involved. If it turns out that the person who caused your car accident had a history of driving problems, you might rightly question why one allowed him or her access to a vehicle in the first place. That question might ultimately extend to whether the person who entrusted him or her with a car can also be held liable for your accident. 

Negligent entrustment refers to the legal principle that assigns vicarious liability to parties whose decisions to loan their cars to others results in accidents. Now, you might question whether one can actually anticipate whether the person he or she borrows a vehicle to will be involved in a collision. While knowing that may be impossible, there certainly may be indicators that show there was an increased liklihood for it to happen. 

Ways to decrease distracted driving in the new year

Texas readers know that distracted driving will continue to be a problem, despite the fact that drivers are aware of the risk and danger of engaging in that type of behavior. While it may seem that it is impossible to decrease the number of drivers who drive while distracted, it is possible to hold these individuals accountable when they cause harm to others.

Statistics regarding distracted driving are sobering. They indicate that as many as 10 people die every day due to distraction, and another 1,000 suffer injuries. Unlike drunk driving, distracted driving is more socially acceptable, and there are a significant number of people who believe they can text and drive without causing harm. If you suffered harm because of this type of dangerous behavior, you have the right to pursue compensation through a civil claim.

Big pharma and the fuel for the opioid crisis

It is now widely known that the opioid epidemic has negatively affected millions of individuals across the nation. Officials in Texas and other states have put various methods in place to combat the widespread problem that places countless individuals in danger every day; some states are even struggling to keep up with the overwhelming numbers of overdoses that occur. 

With many explanations as to how, exactly, the problem has become so catastrophic, one that has stood out in recent discussion is that of pharmacy companies and their control over prescriptions. Could these companies really be to blame? Some experts point toward other causes, but many fear that such companies have left a bigger mess in their prescription drug wake than expected. 

What if you have been taking a recalled medication?

Stress almost always accompanies illness or injury, which makes having it lifted almost as sweet as the pain relief that comes when you take a prescription medication recommended by your doctor in The Woodlands. Yet it can immediately come roaring back if you happen to discover that the drug you are taking has been recalled. 

The different classifications of drug recalls have been shared on this blog before. According to historical data shared by The Regulatory Affairs Professionals Society, a vast majority of drug recalls (nearly 63 percent from 2004 through 2014) have fallen into the Class II category. These are substances which may cause temporary health consequences, yet for which the probability of experiencing serious health consequences is remote. Thus, if you do discover that you have been taking a recalled drug, you may relax knowing that the chances of your health being compromised are slim. 

Survival actions explained

If your spouse, parent or child has been injured due to another's negligent actions (or inactions), you may be justified in pursuing compensation through a personal injury lawsuit. Similar action may be warranted in the form of a wrongful death lawsuit if the aforementioned party's negligence results in your loved one's death. If, in the former scenario, you initiated legal action before your loved one died, does that differentiate your case from the latter? Several of those that we here at the Leigh Law Firm have worked with in The Woodlands have asked that very same question. 

The law recognizes two different types of liability cases involving negligence that leads to death: wrongful death lawsuits and survival actions. Wrongful death lawsuits focus on the losses that you and your loved one's other dependents are forced to deal with. The damages in such a case are meant to compensate for your being denied his or her support, companionship and potential inheritance. Survival actions, on the other hand, are designed to compensate your loved one for what he or she endured prior to his or her death. Potential damages in such a case are meant to cover: 

  • The medical expenses incurred as a result of the incident that ultimately caused his or her death
  • The pain and anguish he or she had to go through due to the incident 
  • His or her funeral and burial expenses

Midlothian teen killed in Dallas car crash

Having to suffer through seeing a loved one killed or seriously injured in a car accident in the Woodlands is a heartbreaking tragedy. Some might say that any attempts to pursue legal action against those who caused such tragedies to be fruitless, as it cannot adequately compensate for the losses suffered. What is lost in this argument is the recognition that motor vehicle accidents can exact a heavy toll in medical bills, repair costs and other expenses. This may leave accident victims with little choice to seek compensation in order to be able to effectively deal with their post-accident challenges. 

In some cases, those challenges can include funeral expenses. That is what the family of a Midlothian teen is now left to deal with after she was killed in a car accident outside of Dallas. She was ejected from her vehicle after being struck by another, killing her and her unborn baby boy. Her boyfriend was also traveling in the vehicle and was also ejected in the collision. He sustained a broken neck. 

Are airbag recalls a serious matter of concern?

It is common to see extensive media coverage on dangerous products such as toys or appliances -- typically, these news stories warn against defective toys that lose small parts, or dressers that unexpectedly tip over, causing injury or death. Needless to say, many Texans become skeptical and even fearful of these products -- often to an unnecessary degree. Yet one type of product liability issue that has recently been under immense spotlight is that of vehicle airbags.

While toys and appliances can certainly pose risks under defective circumstances, specific types of airbags have been a serious cause for alarm for millions of American drivers. After sifting through countless news articles on the topic, much confusion can arise. Is the issue as serious as some think, and if so, is the end of the problem in sight?  

Vision Zero: A hopeful plan for zero traffic deaths in Texas

Living close to Houston comes with all sorts of benefits, from great culture to delicious restaurants to shopping selections and more. Unfortunately, one of those benefits is not traffic safety. In fact, whether you're walking, biking or driving, Texas cities are some of the most dangerous places in the nation in which to do so.

Even adjusted for population size, Texas frequently beats out other states for total traffic deaths, and that isn't exactly a desirable first-place prize. Less than four years ago, the state's per capita traffic fatality rate was 24 percent higher than the national average! So, are lawmakers doing anything to address this terrifying issue, and -- perhaps more importantly -- is there anything you can do to help keep you and your family safe on the streets of Texas?

The reasons behind defective drugs and recalls

Every day, thousands of people in Texas rely on the assistance of drugs for relief from pain, help with bodily function and improved quality of life. However, there are times when drugs can have a damaging adverse effect. When pharmaceutical companies recognize the depravity of situations involving defective drugs, they are usually required to issue a mass recall. Unfortunately, there are times when this action comes too late and the health and safety of consumers has already been affected. 

According to Forbes, pharmaceutical companies have been in the hot seat for engaging in ethically questionable behavior during the creation and testing of various drugs. These types of behaviors include the following:

  • Pharma companies funding critical clinical trials with pressure on getting positive results.
  • Hiding or not disclosing valuable information to the public regarding a drug's performance during testing.
  • Using outdated industry practices in lieu of innovation to prevent discrepancies from being discovered.
  • Pharma companies paying doctors to say certain things in favor of a drug even if that information is skewed and incorrect.