"The foundations of justice are that no one shall suffer wrong." - Cicero

Car suspension and rollover accidents

Posted on Thursday, October 23rd, 2014 at 8:27 pm    

shutterstock_132431864Car suspension refers to the system of springs, linkages, and shock absorbers that connect the tires to the vehicle’s frame. Its main purpose is to provide the car with stable steering by reducing the car’s vertical acceleration, or the movement of the car’s frame perpendicular to the road whenever the tires interact with a bump or while navigating a curve.

However, a faulty car suspension decreases the car’s ability to absorb upward motion whenever the tires strike a speck in the road, or whenever the car accelerates, brakes, or corners while traveling a curved path. According to the website of the Willis Law Firm, a team of SUV rollover lawyers, this and other automotive defects like it makes the car more prone to damaging rollover accidents.

Unfortunately, several manufacturers of car suspension components have been falling short in keeping their products within safety standards, resulting in numerous recalls and devastating rollover accidents over the past few years.

Texas mother and son sentenced on drug crimes charges

Posted on Thursday, October 23rd, 2014 at 8:12 pm    

shutterstock_135959468This past week, a mother and son who were allegedly part of the same marijuana drug ring were sentenced in a federal court in Waco, TX. Earlier this year, both mother and son pleaded guilty to charges of possession of marijuana with intent to sell and conspiracy to possess marijuana with the intent to sell.

The son, 26-year-old Conner Phillip Koss, was sentenced to 10 years in prison, while his mother, 60-year-old Le’Ann Koss, was sentenced to 6. Conner’s father, and Le’Ann’s husband, Phillip Larry Koss, has also been arrested and is facing charges of possession of marijuana with intent to sell. He is still awaiting sentencing in the case.

These charges and sentences are not uncommon in the state. In fact, according to the website of the Law Offices of Kyle Sampson, a Houston criminal defense lawyer, law enforcement officers in Texas take marijuana-related charges extremely seriously, and often impose extremely harsh penalties on those who are convicted on marijuana-related charges.

Resistance to the FDA’s Recommendation Against the Use of Laparoscopic Power Morcellators

Posted on Wednesday, October 8th, 2014 at 10:00 pm    

fig2Just last April, the FDA discouraged the use of power morcellators to break up and remove uterine fibroids during laparoscopic surgery.  Laparoscopic power morcellation is a process by which a morcellator breaks up uterine tissue into fragments that may then be removed through a small incision in the patient’s abdomen.  Prior to the FDA’s recommendation, these devices were widely used throughout the medical community to perform minimally invasive laparoscopic surgeries.

Concerned by studies that reported 1 in 350 women who underwent surgeries utilizing a power morcellator were at risk of having previously unsuspected cancerous tissue beyond the uterus, the FDA formally discouraged the use of these devices.  Additionally, a number of prominent hospitals—including Boston’s Brigham and Women’s Hospital and Philadelphia’s Temple University Hospital—announced moratoriums on the devices amid concerns of these potential side-effects.

Despite the FDA’s recommendation, the Wall Street Journal reports that many gynecologists have continued to make use of laparoscopic power morcellators for patient surgeries.  These doctors argue that the FDA has overblown the risks of unknown cancer being accidentally spread in a patient’s body, further suggesting that the FDA has only scared women away from a procedure that would benefit them. For instance, the FDA estimated the procedure was performed around 50,000 times a year.

While laparoscopic surgery does offer quicker recovery times, less bleeding, and a lesser risk of infection, there are a number of other minimally invasive procedures that do not require morcellation.  Notably, even proponents of laparoscopic surgery admit there is a risk of an unknown cancer being spread, but that through careful screening the risk is extremely low.

With the availability of other minimally invasive procedures, though, it is difficult to argue that even a minimal risk of spreading a hidden cancer to other parts of the body is not worth the otherwise limited benefits of this procedure. Recently, it has been announced that several law firms are pursuing morcellator lawsuits, including the Houston attorneys at Williams Kherkher.

Medical Bill Payment for Pending Personal Injury Cases

Posted on Wednesday, September 17th, 2014 at 10:06 pm    

personal-injury-lawyer-houstonA personal injury case typically takes between one and two years to reach a conclusion, whether in a settlement or a trial, although it will really depend on many circumstances. One of the crucial elements of a personal injury case is the medical records and prognosis of the doctor that will prove the extent of the injury, present and future medical expenses, probability of long-term care, and other medically-related documents. But before these documents can be produced, it would follow that medical treatment has been performed. The question is who pays for medical expenses when the case is still pending?

It rarely happens that the medical care facility will agree to wait until the personal injury case is resolved before demanding payment, so the bills will need to be paid. Sometimes, the insurance company of the liable party may agree to pay for the immediate medical expenses as part of a settlement agreement, but in most cases, the injured party relies on health insurance to cover these costs. Just because the medical expenses have been, it does not mean that the personal injury case is nullified, however. But it may turn out that when damages are awarded, the health insurance may ask to be paid back. In cases when private health insurance is not available, other options include workers’ compensation, personal injury protection car insurance (required in some states), or state and federal government assistance programs.

This is an area where a personal injury lawyer, like those at Williams Kherkher, can really come in handy even before a case is filed. Sources of funding will be one of the initial tasks of a competent personal injury lawyer, who will know exactly how to go about it so that the client won’t have to blunder along clueless. The lawyer will also ensure that the payments are correctly accounted for in anticipation of reimbursement when the case is resolved so that no overpayments are made. With the immediate medical expenses managed properly, the lawyer can now concentrate on getting just compensation for the client’s injury, pain and suffering.