tag:blogger.com,1999:blog-8503800621857446382023-11-15T23:32:52.345-08:00Lone Star LitigatorLone Star Litigator is a place to discuss what the law is, what it should be and what we hope it will become. Rants and raves on litigation in Texas and the illustrious tort reformers will be cussed and discussed. I cannot offer legal advice until an attorney/client relationship is established; but I can and will give informal thoughts and ideas on personal injury, truck wrecks, and other litigation matters, as well as wills, probate, and estate planning, or whatever else strikes my fancy.Richard G. Dannerhttp://www.blogger.com/profile/13804963036071299907noreply@blogger.comBlogger25125tag:blogger.com,1999:blog-850380062185744638.post-8875243066448924732010-07-28T13:54:00.000-07:002010-07-28T14:32:30.160-07:00Tanker Spill Caused by Failure to Yield<span style="font-size:100%;">Hazmat was called to the scene of an early morning crash on Tuesday near Temple, Texas, when two semis collided. A diesel fuel truck was headed southbound on Highway 317 when the driver attempted to turn left, directly into the path of an gravel truck. The 18-wheelers collided side-by-side, avoiding a more dangerous head-on collision. Diesel spilled from the tanker into a ditch, requiring the Hazmat cleanup. The driver of the gravel truck was taken to the hospital by ambulance with non-life-threatening injuries. For more details, click <a href="http://www.statesman.com/blogs/content/shared-gen/blogs/austin/blotter/entries/2010/07/27/hazmat_called_to_early_morning.html?cxntfid=blogs_the_blotter">here</a>.</span><br /><br /><em><span style="font-size:85%;">Truck wrecks and major motor vehicle collisions are a very real and present danger to the traveling public. Postings on this blog serve only to increase awareness and promote support for safer roadways and stronger enforcement of rules that govern motor carriers and drivers. By referencing these events on this blog, the Law Office of Richard G. Danner, Jr. does not claim or imply any representation or attorney-client relationship with any of the parties involved.</span></em>Richard G. Dannerhttp://www.blogger.com/profile/13804963036071299907noreply@blogger.com0tag:blogger.com,1999:blog-850380062185744638.post-77083304813235808062010-07-26T15:25:00.000-07:002010-07-26T15:34:28.722-07:00Leon County Driver Killed in Collision with 18-WheelerAccording to local news reports, a retired rancher was killed Sunday in Leon County, Texas, when an 18-wheeler attempted to pass his pickup truck which had stopped to make a left turn. Instead, the 18-wheeler collided with the pickup. Both the 18-wheeler and the pickup ended up in a ditch. The driver of the 18-wheeler was not injured. For the complete story, click <a href="http://www.kwtx.com/news/headlines/99235614.html?ref=614">here</a>.<br /><br /><span style="font-size:85%;"><em>Truck wrecks and major motor vehicle collisions are a very real and present danger to the traveling public. Postings on this blog serve only to increase awareness and promote support for safer roadways and stronger enforcement of rules that govern motor carriers and drivers. By referencing these events on this blog, the Law Office of Richard G. Danner, Jr. does not claim or imply any representation or attorney-client relationship with any of the parties involved.</em></span>Richard G. Dannerhttp://www.blogger.com/profile/13804963036071299907noreply@blogger.com0tag:blogger.com,1999:blog-850380062185744638.post-57177200217074934992010-07-21T11:28:00.001-07:002010-07-21T11:55:15.228-07:00CSA 2010: New Efforts to Make the Trucking Industry Safer for America's Highways<span style="color:#000000;">The </span><span style="color:#000000;"><a href="http://www.fmcsa.dot.gov/">Federal Motor Carrier Safety Administration’s</a> </span><span style="color:#000000;">ambitious and absolutely necessary initiative to “ultimately reduce commercial motor vehicle (CMV)-related crashes, injuries and fatalities” is halfway through its premier year. Nine states are already trying out the new program, called <a href="http://csa2010.fmcsa.dot.gov/about/">CSA</a></span><a href="http://csa2010.fmcsa.dot.gov/about/"> 2010</a><span style="color:#000000;">, with additional states joining in this month. </span><br /><br /><span style="color:#000000;"><strong>Elimination of SafeStat System</strong> </span><br /><span style="color:#000000;">By the end of the year, the old SafeStat carrier safety record system will be replaced by the new Safety Measurement System (CSMS), which will be available to the public this fall/winter. </span><br /><strong><span style="color:#000000;"></span></strong><br /><span style="color:#000000;"><strong>Uniform Safety System</strong> </span><br /><span style="color:#000000;">CSA 2010 aims to bring efficiency to a regulatory system that has struggled to incorporate different methods from 50 states. With the plan, each state will implement the same measurements for trucking company and driver history. This uniformity will make it easier for the FMCSA to identify dangerous operators and drivers. </span><br /><br /><strong><span style="color:#000000;">Behavior Analysis and Safety Improvement Categories (BASICs)</span></strong><br /><span style="color:#000000;">Under the new Safety Management System (SMS), drivers and carriers will be scored in seven areas:</span><br /><ol><li><span style="color:#000000;">unsafe driving FMCSR Parts <a href="http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/FmcsrGuideDetails.aspx?menukey=392">392</a></span><span style="color:#000000;"> and <a href="http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/FmcsrGuideDetails.aspx?menukey=397">397</a></span></li><li><span style="color:#000000;">fatigued driving FMCSR Parts <a href="http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/FmcsrGuideDetails.aspx?menukey=392">392</a></span><span style="color:#000000;"> and <a href="http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/FmcsrGuideDetails.aspx?menukey=395">395</a></span></li><li><span style="color:#000000;">driver fitness FMCSR Parts <a href="http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/FmcsrGuideDetails.asp?menukey=383">383</a></span><span style="color:#000000;"> and <a href="http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/FmcsrGuideDetails.asp?menukey=391">391</a></span></li><li><span style="color:#000000;">controlled substances/alcohol FMCSR Parts <a href="http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/FmcsrGuideDetails.asp?menukey=382">382</a></span><span style="color:#000000;"> and <a href="http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/FmcsrGuideDetails.aspx?menukey=392">392</a></span></li><li><span style="color:#000000;">vehicle maintenance FMCSR Parts <a href="http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/FmcsrGuideDetails.aspx?menukey=393">393</a></span><span style="color:#000000;"> and <a href="http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/FmcsrGuideDetails.asp?menukey=396">396</a></span></li><li><span style="color:#000000;">cargo-related FMCSR Parts <a href="http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/FmcsrGuideDetails.aspx?menukey=392">392</a></span><span style="color:#000000;">, <a href="http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/FmcsrGuideDetails.aspx?menukey=393">393</a></span><span style="color:#000000;">, <a href="http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/FmcsrGuideDetails.aspx?menukey=397">397</a></span><span style="color:#000000;"> and HM Violations</span></li><li><span style="color:#000000;">crash indicator</span></li></ol><blockquote><span style="color:#000000;"></span></blockquote><blockquote><p><span style="color:#000000;">According to the CSA 2010 website, a carrier’s measurement for each BASIC depends on: </span></p><ul><li><span style="color:#000000;">The number of adverse safety events (violations related to that BASIC or crashes).</span></li><li><span style="color:#000000;">The severity of violations or crashes. </span></li><li><span style="color:#000000;">When the adverse safety events occurred (more recent events are weighted more heavily). </span></li></ul><p><span style="color:#000000;">After a measurement is determined, the carrier is then placed in a peer group (e.g., other carriers with similar numbers of inspections). Percentiles from 0 to 100 are then determined by comparing the BASIC measurements of the carrier to the measurements of other carriers in the peer group. 100 indicates the worst<br />performance.</span></p></blockquote><p><span style="color:#000000;"><strong>Trucking Industry Reaction<br /></strong>The <a href="http://www.truckline.com/Pages/Home.aspx">American Trucking Association</a> has <a href="http://www.jjkeller.com/news/newsinfo/T_news2983.htm?action_code=29198&spMailingID=35583546&spUserID=NTUyOTY3OTI5NgS2&spJobID=77262597&spReportId=NzcyNjI1OTcS1">concerns</a></span><span style="color:#000000;"> over the new system, which is being carefully tweaked as it is rolled out. The ATA’s primary concerns are with collision causation documentation, replacing reliance on number of power units with vehicle miles traveled (VMT) for carrier exposure measurements, and use of actual citations for moving violations instead of “warnings.” At first glance, the ATA appears to be protecting industry earnings more than the public. It will be interesting to see if and how the FMCSA incorporates its suggestions. </span></p><p><span style="color:#000000;"><strong>Need for Focus on Safety</strong><br />As a consumer advocate, I hope all the parties involved remain focused on a goal of safety and not profits. If we keep looking at dollars made and not at damages left in the wake of bad trucking companies, then we can forget safe highways.</span></p>Richard G. Dannerhttp://www.blogger.com/profile/13804963036071299907noreply@blogger.com0tag:blogger.com,1999:blog-850380062185744638.post-76153859127042073042010-06-15T14:08:00.000-07:002010-06-15T14:33:19.495-07:00DMN Shines Light on Insurance CompaniesThe <a href="http://www.dallasnews.com/">Dallas Morning News</a> has a good investigative piece on Loya Insurance and Old American County Mutual. DMN took a look at the <a href="http://www.tdi.state.tx.us/">Texas Department of Insurance </a>complaint lists, where many legitimate claims are often ignored. Here's a glimpse at what they found:<br /><blockquote>"An analysis of the Insurance Department figures by The Dallas Morning News showed that 10 of the 25 largest auto insurers in the state — those with more than 100,000 policies — had worse-than-average customer service records."</blockquote><p>For the complete article, click <a href="http://www.dallasnews.com/sharedcontent/dws/dn/latestnews/stories/061510dntexautoinsure.a3e78cdd.html">here</a>.</p><p>Sad but true, the complaints of the individuals mentioned in the article are all too familiar for many Texans. </p><p>As you enter the summer vacation season, protect your own interests by reviewing your own insurance policy for changes and to ensure adequate coverage, make sure you've made any necessary adjustments before you hit the road. Also, keep a camera in your car (unless you carry a camera phone) so that you can take your own photos if you happen to end up in a fender bender. For more tips on safe travel, visit the National Highway Transportation Safety Association <a href="http://www.nhtsa.gov/">website</a>.</p>Richard G. Dannerhttp://www.blogger.com/profile/13804963036071299907noreply@blogger.com0tag:blogger.com,1999:blog-850380062185744638.post-3068502992990896442009-04-02T11:08:00.000-07:002009-04-02T11:11:46.577-07:00Over the Top Overdraft FeesAs if banks weren’t in enough trouble already, now more than one is being sued for over-penalizing account holders with excessive overdraft fees.<br /><br />According to <a href="http://law.com/jsp/article.jsp?id=1202429119415">Law.com</a>, a suit filed by Georgia resident Ken Vollmer claims Wachovia “posted charges to consumer accounts in such a way as to maximize overdraft fees, even at times when the actual funds in the account are sufficient to cover the transaction.” <blockquote></blockquote><blockquote>There are similar bad-faith bank fee suits pending in federal courts across the country, not only against Wachovia but also against Bank of America and Wells Fargo, which took over Wachovia last October. Those suits accuse the banks of deceptive practices intended to maximize bank profits at the expense of their customers and challenge bank policies governing the assessment of overdraft fees.</blockquote>No one is denying banks their right to charge overdraft fees. It’s the method in which they post drafts and deposits that is being questioned. If banks rearrange postings, as court documents claim they are doing, to post larger amounts first this may be considered to be deceptive and in violation of states’ fair business practices laws.<br /><br />What can you do? Keep tabs on your account and watch for questionable charges. You can learn more about how overdraft charges work and what you can do to minimize them at the <a href="http://www.federalreserve.gov/pubs/bounce/">Federal Reserve website</a>.Richard G. Dannerhttp://www.blogger.com/profile/13804963036071299907noreply@blogger.com0tag:blogger.com,1999:blog-850380062185744638.post-46166550096185364632009-03-24T08:51:00.000-07:002009-03-24T09:13:25.341-07:00Chinese Drywall: Something Smells RottenPlagued by complaints from homeowners about unusual sulfur odors coming from new drywall, the Florida Department of Health commissioned Unified Engineering to perform a study of drywall, comparing three Chinese-made samples to American brand National Gypsum Co.’s GridMarx brand. Results were released this week.<br /><blockquote><p>"<strong>There is a distinct difference in drywall that was manufactured in the United States and those that were manufactured in China</strong>,” said Lori Streit, a principal scientist with Unified, in a letter. “The Chinese samples contained traces of strontium sulfide inclusions and more organic material than the GridMarx sample ( United States ). However, it is not yet known if either contributed to the odor.” </p><p><a href="http://www.bizjournals.com/jacksonville/stories/2009/03/23/daily10.html">State releases findings of drywall investigation</a> <em>Jacksonville Business Journal</em> 3/23/09</p></blockquote><p>The Chinese drywall is extremely toxic and corrosive as evidenced by the fact it corroded copper and electrical wiring within a relatively short time after installation. (See CNN video <a href="http://www.cnn.com/2009/US/03/18/chinese.drywall/index.html#cnnSTCVideo">here</a>.) Required removal and repair is extensive and expensive. Some consumers have also experienced headaches, sore throats and other health problems. As a result of complaints, the U.S. Consumer Product Safety Commission is also investigating the complaints. </p><p>According to an article in <a href="http://www.time.com/time/nation/article/0,8599,1887059,00.html">Time</a>, imports of Chinese drywall increased dramatically in 2006. Why? Because as they have done with other products previously investigated for inferior quality and outright danger to users, the Chinese obtain a competitive price advantage over the products of National Gypsum and other U. S. manufacturers, by cutting quality and safety. The U. S. homeowner and manufacturer each lose, because of a poor quality foreign product that is not subject to U. S. regulation. </p><p><strong>More than 550 million tons of the defective drywall were shipped and used to build more than 60,000 homes in more than a dozen states. Texas is one of them.</strong></p><p>Currently, <a href="http://www.consumeraffairs.com/news04/2009/02/chinese_drywall.html">class action suits have been filed in Florida </a>as well as Alabama and Louisiana. If your relatively new home is under siege from toxic fumes, consider the source. And, contact an attorney to learn more about your rights as a homeowner.</p><blockquote></blockquote>Richard G. Dannerhttp://www.blogger.com/profile/13804963036071299907noreply@blogger.com0tag:blogger.com,1999:blog-850380062185744638.post-24142936393079286292008-09-11T11:26:00.000-07:002008-09-11T12:06:04.294-07:00Dallas Morning News Endorsements, Pt. 1Just a few years ago, if you went to the Dallas Morning News (<a href="http://www.blogger.com/www,dallasnews.com">DMN</a>) to read the political endorsements you’d see nothing but Republicans. Today, the DMN is reflecting the changes in Dallas County voting. Here’s a brief review of the first round of endorsements:<br /><br />Criminal District Court No. 2 – <strong>Don Adams</strong> <em>“has won praise from both sides of the courtroom and has significantly lowered his court's cost-per-disposition ratio by handling more pleas and jury trials.”<br /></em><br />Criminal District Court No.3 - <strong><a href="http://www.blogger.com/www.gracielewiscampaign.com">Gracie Lewis</a></strong> <em>“A broader, more thoughtful perspective helps make Judge Lewis the better choice.”<br /></em><br />Criminal District Court No. 4 – <strong><a href="http://www.blogger.com/www.judgecreuzot.com">Judge John Creuzot</a></strong> <em>“He is a Democrat-turned-Republican-turned-Democrat-again…Regardless of what letter is next to his name, Judge Creuzot's performance merits his re-election.”<br /></em><br />Civil District Court No. 14 – <strong><a href="http://www.blogger.com/www.moyeforjudge.com">Eric Moyé</a></strong> <em>“He has experience that the younger Republican can't match.”<br /></em><br />Civil District Court. No. 95 – <strong><a href="http://www.blogger.com/www.kenmolberg.com">Ken Molberg</a></strong> <em>“We questioned him closely, and his answers satisfied us that Mr. Molberg can become the latest example of a North Texas judge to make the transition from political warfare to effective and impartial judicial leadership.”</em><br /><br />Civil District Court No. 162 – <strong><a href="http://www.blogger.com/www.judgeraggio.com">Judge Lorraine Raggio</a></strong> <em>“Judge Raggio is fair and thorough, and she should be returned to the bench.’’ <br /></em><br />It’s not surprising to see that the DMN endorses these strong candidates who all happen to be Democrats. It is, however, more surprising to see that the paper stepped out of a comfort zone to recommend a <strong><a href="http://www.blogger.com/www.johnrames.com">John Ames</a></strong> for Tax-Assessor Collector over longtime seat-holder David Childs. Problems and lack of progress in the Childs administration led the DMN to say, <em>“We expect that Mr. Ames will build on what good work Dr. Childs has done and make the county office even better.”<br /></em><br />In the coming weeks it will be interesting to see how the news rates other candidates. While I’m pleased to see so many Democrats earning the paper’s praise, as an attorney I want to make sure that we are assured of the most qualified, most impartial judges – regardless of party.<br /><br />For more information on the candidates and to read their responses to the DMN questionnaire, go <a href="http://www.thevoterguide.org/a-dallas/">here</a>. <em><br /></em><em></em>Richard G. Dannerhttp://www.blogger.com/profile/13804963036071299907noreply@blogger.com0tag:blogger.com,1999:blog-850380062185744638.post-43851339519586773222008-08-27T15:50:00.000-07:002008-08-27T15:53:18.816-07:00One-Fourth of Texans Don’t Have InsuranceIt’s worse around here:<br /><blockquote><p>“…the Census Bureau reported Tuesday. Texas' overall uninsured rate of 25.2 percent, and its 20.2 uninsured rate for children, continued to be the highest in the country.”<br /> - <a href="http://www.chron.com/disp/story.mpl/front/5968063.html">From the Houston Chronicle</a> </p></blockquote>California ranks higher in numbers than Texas, but percent-wise is still doing better.<br /><br />It’s not like every state has an equal problem. According to the <a href="http://www.temple-telegram.com/story/local/2008/08/27/51769">Temple Telegram</a>, only 8.3 percent of residents in Hawaii and Massachusetts were uninsured between 2005 and 2007. <br /><br />For information on each county, check out Texas Medical Association’s Table of Uninsured Rates for all Texas Counties <a href="http://www.texmed.org/uploadedFiles/Governmental_Affairs/Texas_Legislature/2005%20Texas%20Uninsured%20County%20by%20County.xls">here</a>. It’s a little outdated, but it gives a good idea of just how bad it is for Texas’ families.Richard G. Dannerhttp://www.blogger.com/profile/13804963036071299907noreply@blogger.com0tag:blogger.com,1999:blog-850380062185744638.post-38856172172820832882008-08-27T15:37:00.000-07:002008-08-27T15:43:14.041-07:00Don’t Be Misled: Decrease in Uninsured Does Not Signify ImprovementThe <a href="http://www.census.gov/">Census Bureau</a> is reporting that for the first time since W came into office, the number of uninsured Americans has decreased. In 2006, 47 million families were uninsured. Today, that number is 45.7 million. Hurrah for the one million families who now have coverage, but what about the nearly 46 million more who don’t?<br /><br /><blockquote>“The numbers represent a kind of scorecard on President Bush's stewardship of the economy at the kitchen-table level. However, they only go as far as the end of last year, before the current economic downturn started gathering force. <strong>Indeed, they could come to be seen as a snapshot taken at the high point of the administration's tenure.” </strong> <br /> <a href="http://www.msnbc.msn.com/id/26404454">MSNBC Census: Number of uninsured dropped in 2007</a></blockquote><br /><br />I’m sure that the current administration would like the public to view these numbers as a sign of its success and of improving economic conditions. Ha! Only an idiot would believe that. God knows, the Bush administration has run out of time to make a difference. I’m praying our next president can and will.Richard G. Dannerhttp://www.blogger.com/profile/13804963036071299907noreply@blogger.com0tag:blogger.com,1999:blog-850380062185744638.post-33670461383259257402008-08-20T11:02:00.000-07:002008-08-20T11:08:00.302-07:00Sunset Commission Says TRCC Flawed, HarmfulThank God.<br /><br />The <a href="http://www.sunset.state.tx.us/">Texas Sunset Advisory Commission</a> is recommending that the <a href="http://www.trcc.state.tx.us/default.asp">Texas Residential Construction Commission</a> (<span class="blsp-spelling-error" id="SPELLING_ERROR_0">TRCC</span>) be abolished.<br /><br />Their report, the full text of which can be found <a href="http://www.sunset.state.tx.us/81streports/trcc/trcc_sr.pdf">here</a>, minces no words: <strong>“Current regulation of the residential construction industry is fundamentally flawed and does more harm than good.”<br /></strong><br />Consumer groups stand with the Sunset Commission. Here’s what Alex Winslow, Executive Director of <a href="http://www.texaswatch.org/TW/">Texas Watch</a>, had to say:<br /><br /><blockquote>“Like many of the homes built by bad builders in our state, the <span class="blsp-spelling-error" id="SPELLING_ERROR_1">TRCC</span> is beyond repair. We need to scrap it, go back to the drawing board, and implement a process that truly protects homeowners.<br /><br />“We endorse the Sunset staff’s recommendation to bring an end to the <span class="blsp-spelling-error" id="SPELLING_ERROR_2">TRCC</span> as we currently know it. Lawmakers should replace the feckless <span class="blsp-spelling-error" id="SPELLING_ERROR_3">TRCC</span> with real reforms that ensure builder accountability, quality building standards, and true oversight and regulation of the <span class="blsp-spelling-error" id="SPELLING_ERROR_4">homebuilding</span> industry. Instead of a builder protection agency like the <span class="blsp-spelling-error" id="SPELLING_ERROR_5">TRCC</span>, homeowners need an agency designed to serve their needs.<br /><br />“Consumers need real protections against unscrupulous builders who build shoddy homes, and the <span class="blsp-spelling-error" id="SPELLING_ERROR_6">TRCC</span> has never provided homeowners with that kind of protection. Indeed, homeowners – not builders – are the ones regulated by the <span class="blsp-spelling-error" id="SPELLING_ERROR_7">TRCC</span>.<br /><br />“We look forward to working with the Sunset Commission and the Legislature to develop real solutions to the problems facing Texas homeowners”</blockquote><br /><br />As attorneys know and, unfortunately, many consumers find out, the <span class="blsp-spelling-error" id="SPELLING_ERROR_8">TRCC</span>’s dispute resolution process to settle issues between homeowners and builders is a disgrace and waste of time. Recent legislation designed to increase penalties on negligent builders has done nothing to relieve the nightmares that homeowners are having, since the Commission has no power to enforce.<br /><br />Of course, the <span class="blsp-spelling-error" id="SPELLING_ERROR_9">TRCC</span> sees it differently. The <a href="http://www.quorumreport.com/">Quorum Report</a>'s Daily Buzz posted the <span class="blsp-spelling-error" id="SPELLING_ERROR_10">TRCC</span> response to the Sunset Commission on Tuesday. The <span class="blsp-spelling-error" id="SPELLING_ERROR_11">TRCC</span> worries that if it is abolished, “Texas families will be left to fend for themselves if an issue arises with their home.”<br /><br />Let’s be honest. Texas families have been alone on this front for a long time without help and in most cases, with hindrances, from the <span class="blsp-spelling-error" id="SPELLING_ERROR_12">TRCC</span>.<br /><br />Without the <span class="blsp-spelling-error" id="SPELLING_ERROR_13">TRCC</span>, at least homeowners can proceed directly to the one arena where they still stand a chance – the courtroom.Richard G. Dannerhttp://www.blogger.com/profile/13804963036071299907noreply@blogger.com0tag:blogger.com,1999:blog-850380062185744638.post-38714968867250007562008-07-29T14:20:00.000-07:002008-07-31T19:12:29.184-07:00Baby Trend Car Seat Recall Reminds Parents: Be Responsible, Be SafeMy grandchildren have brought much joy and much concern about the safety of children’s toys and car seats. Since the arrival of our first granddaughter, our family has weathered the recall woes of <a href="http://www.cpsc.gov/cpscpub/prerel/prhtml07/07301.html">Mattel,</a> the <a href="http://www.npr.org/templates/story/story.php?storyId=11271805">Thomas the Train</a> tragedy (no mommy, not that one!), and even a recall of a part on one of the supposedly highest rated <a href="http://www.britaxusa.com/uploads/advisory/notice/9hfakf.pdf">car seat</a>s on the market.<br /><br />Today, Baby Trend, Inc. <a href="http://www.babytrend.com/">http://www.babytrend.com/</a> announced the recall of nearly 6,000 Latch-Loc car seats. It seems that the “locking pawl” can detach during a severe crash. This, of course, defeats its purpose and endangers the occupant.<br /><br />When problems persist to the point that manufacturers are willing to admit some fault, or at least some flaw, these recalls give them an opportunity to issue a warning. As a responsible consumer, it’s important to be aware of these recalls. Not surprisingly, most recalls are not announced on the evening news. You can stay on top of manufacturer notices by checking out these sites on a regular basis. And, always mail in registration cards for products so that when a recall is issued, you can be notified.<br /><br />Here are some websites that will help you stay informed:<br /><br /><br /><strong>Recalls.gov</strong> U.S. Government portal for recall information <a href="http://www.recalls.gov/">http://www.recalls.gov/</a><br /><br /><strong>U.S. Consumer Product Safety Commission</strong> recalls and product safety news site. <a href="http://www.cpsc.gov/cpscpub/prerel/prerel.html">http://www.cpsc.gov/cpscpub/prerel/prerel.html</a><br /><br /><strong>U.S. Food & Drug Administration</strong> recalls, market withdrawals and safety. Alerts .<a href="http://www.fda.gov/opacom/7alerts.HTML">http://www.fda.gov/opacom/7alerts.HTML</a><br /><br /><strong>U.S. Dept. of Agriculture Food Safety and Inspection Service</strong> information about recalls and public health alerts that involve meats, poultry and egg products. <a href="http://www.fsis.usda.gov/FSIS_RECALLS/">http://www.fsis.usda.gov/FSIS_RECALLS/</a><br /><br /><strong>National Highway Traffic Safety Administration Office of Defects Investigation</strong> (ODI) defects and recalls site. <a href="http://www-odi.nhtsa.dot.gov/cars/problems/recalls/">http://www-odi.nhtsa.dot.gov/cars/problems/recalls/</a><br /><br /><strong>Consumer Affairs.com</strong> - an independent Web-based consumer news and resource center. <a href="http://www.consumeraffairs.com/recalls/recalls.htm">http://www.consumeraffairs.com/recalls/recalls.htm</a><br /><br /><strong>Consumer Reports</strong> blog about safety. <a href="http://blogs.consumerreports.org/safety/">http://blogs.consumerreports.org/safety/</a>Richard G. Dannerhttp://www.blogger.com/profile/13804963036071299907noreply@blogger.com0tag:blogger.com,1999:blog-850380062185744638.post-59904426423168635572008-07-24T19:03:00.000-07:002008-07-24T19:17:32.899-07:00Truckers’ Poor Health: More Accidents Waiting to HappenThe trucking industry is under fire once again for its inability to self-regulate. This week the U.S. Government Accountability Office announced the findings of its investigation into commercial drivers license holders and serious medical conditions. Given many in the industry’s disregard for regulations, the findings are, sadly, not surprising. <div><div><br /><blockquote>Following a <a href="http://www.gao.gov/docsearch/abstract.php?rptno=GAO-08-826">12-state study</a>, the Government Accountability Office stated, “our analysis of commercial license data from DOT and medical disability data from the Social Security Administration, Office of Personnel Management, and Departments of Veterans Affairs and Labor found that about <strong>563,000 of [commercial drivers]</strong> had commercial driver licenses and were determined by the federal government to be <strong>eligible for full disability benefits</strong>.”</blockquote></div><div>I’m not insensitive to people with health conditions, but there are good reasons why drivers with disabilities shouldn’t be allowed on the road. For years the government has issued warnings that fell on deaf ears. According to the <a href="http://www.dallasnews.com/sharedcontent/dws/news/dmn/stories/072108dnnattruckers.7926b730.html">Dallas Morning News</a>, <strong>“hundreds of deaths and injuries”</strong> have been <strong>“blamed on commercial truck and bus drivers who</strong> blacked out, collapsed or <strong>suffered major health problems</strong> behind the wheels of vehicles that can weigh 40 tons or more.”</div><br /><div>No state is safe as <strong>medically-unfit drivers have been found in all fifty states</strong>. Texas is listed in an <a href="http://ap.google.com/article/ALeqM5ijNvFbFNKbFcySzH3CGPFyNSbu5AD92268580">AP article </a>as one of 12 states “where drivers were sanctioned most frequently for brea<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiFrRAhtNwX-W8XfNaZEVI3pOCycMibDRy3kaiqFeeXJW-g5qKtyxSXz1u1_6W6AiZGzK-lJB3JLg03SWeRYRPERfEBQvb2wxWQ2G16VyUEk_RYiiRmSfgfSoBu8kolN53_O0YgcHz9MSmc/s1600-h/Bus+wreck+medically+unfit+driver.jpg"></a>king medical rules, such as failing to carry a valid medical certificate.” </div><br /><div><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEi_A0OjmrG5Pr1wwv3OHMCbyzqidQI7NdilmSV6PU6RJpfL3Q-DXgaiorWFYo0LpgPQBc-06CKif5DKBN2rCPeMw0zlkEauKOUOZDzsjI1YG0sDRHkaRuihQYd-TyIODbJvf19Pev_bI1Om/s1600-h/Bus+wreck+medically+unfit+driver.jpg"><img id="BLOGGER_PHOTO_ID_5226768874516562722" style="FLOAT: right; MARGIN: 0px 0px 10px 10px; CURSOR: hand" alt="" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEi_A0OjmrG5Pr1wwv3OHMCbyzqidQI7NdilmSV6PU6RJpfL3Q-DXgaiorWFYo0LpgPQBc-06CKif5DKBN2rCPeMw0zlkEauKOUOZDzsjI1YG0sDRHkaRuihQYd-TyIODbJvf19Pev_bI1Om/s400/Bus+wreck+medically+unfit+driver.jpg" border="0" /></a>The AP article also provides a list of cases, including the New Orleans bus wreck shown in this photo that killed 22 people . In this instance, the driver was seen slumped in his seat shortly before the crash. “Investigators said he was treated at least 20 times in the 21 months before the accident for various ailments.”</div></div>Richard G. Dannerhttp://www.blogger.com/profile/13804963036071299907noreply@blogger.com0tag:blogger.com,1999:blog-850380062185744638.post-63135474069914175752008-06-23T10:14:00.000-07:002008-06-23T20:29:18.867-07:00More Bad Truckers on the Border<a href="http://www.krgv.com/2008/6/18/993115/Police-Searching-for-Driver-of-18-Wheeler">Police in Weslaco, Texas are on the hunt for a trucker</a> suspected of causing an accident that killed four people on the Pharr International Bridge five months ago. Allegedly, the 18-wheeler was entering the United States, when the driver made a U-turn that sparked the series of events leading to the fatalities.<br /><br />Officials on the U.S. side of the border are looking for the 18-wheeler.<br /><br />Mexican authorities don’t believe it <em>exists</em>.Richard G. Dannerhttp://www.blogger.com/profile/13804963036071299907noreply@blogger.com0tag:blogger.com,1999:blog-850380062185744638.post-56804403010528592662008-06-23T10:12:00.000-07:002008-06-23T20:28:12.865-07:00Texas Combats Truckers Working for CartelsTexas’ Governor Rick Perry announced a new plan to stop smuggling operations bringing drugs and illegal immigrants across the border from Mexico.<br /><br />The Austin Bureau of the <a href="http://www.elpasotimes.com/ci_9635621">El Paso Times</a> reports:<br /><br /><br /><blockquote>Standing with U.S. Border Patrol sector chiefs from Texas, Perry said that cartels have started coercing commercial truck drivers into hauling narcotics and humans. Starting now, he said, Texas will aggressively pursue drivers who fall prey to that temptation and permanently revoke their commercial drivers' licenses. </blockquote><br />According to Perry, Border Control has already caught over 400 truckers hauling nearly 2,000 illegal immigrants and more than 112,000 pounds of drugs.<br /><br />One wonders: how many of these truckers are abusing the illicit substances they’re hauling?Richard G. Dannerhttp://www.blogger.com/profile/13804963036071299907noreply@blogger.com0tag:blogger.com,1999:blog-850380062185744638.post-88587330523886559022008-06-11T18:45:00.000-07:002008-06-11T18:53:40.201-07:00Sprains, Strains and Other Confusing Diagnoses<p>Sitting in the doctor’s office following an injury, you try to listen to every word he or she says while laying out the facts about the cause of your pain. Some terms are familiar; some sound like a foreign language. You leave thinking, what does all that really mean?<br /><br />Cut through the confusion with some easy definitions for common injuries:</p><ul><li><strong>Sprain.</strong> A sprain is a stretching or tearing of ligaments. Ligaments are tough bands of fibrous tissue that connect one bone to another. Common locations for sprains are your ankles and knees.<br /></li><li><strong>Strain.</strong> A strain is a stretching or tearing of muscle or tendon. People commonly call strains "pulled" muscles. Hamstring and back injuries are among the most common strains.<br />Source: <a href="http://www.mayoclinic.com/health/sprains-and-strains/DS00343">Mayo Clinic</a> <br /></li><li><strong>Fracture.</strong> A break or crack in a bone. </li></ul><p>Healing time for sprains, strains and fractures vary from person to person. It is a general rule that strains take less time for recovery, because injuries to areas which have a good blood supply, like muscles, heal faster. Since ligaments have very little blood supply, they take longer. Fractures to bones with a greater blood supply are also known to heal more quickly than injuries to bones with a lesser supply.</p><ul><li><strong>Contusion.</strong> A bruise, or contusion, is caused when blood vessels are damaged or broken as the result of a blow to the skin (be it bumping against something or hitting yourself with a hammer). The raised area of a bump or bruise results from blood leaking from these injured blood vessels into the tissues as well as from the body's response to the injury. (from <a href="http://www.blogger.com/www.medicinenet.com">Medicinenet.com</a>) </li></ul><p>Spinal injuries have a set of terms all to themselves. Many are interchangeable and some are used differently from doctor to doctor. Rather than focus on terms, it’s important to understand the source of the pain to determine the best course of action.<br /><br />Dr. Peter Ullrich, Jr. provides a list of terms used to describe spinal disc abnormalities in an article on spine-health.com, these include:<br /></p><ul><li>Pinched nerve </li><li>Sciatica </li><li>Herniated disc (or herniated disk) </li><li>Bulging disc </li><li>Ruptured disc </li><li>Torn disc (or disc tear) </li><li>Slipped disc</li><li>Collapsed disc </li><li>Disc protrusion or degeneration </li><li>Degenerative disc disease </li><li>Disc disease </li><li>Black disc<br /> </li></ul><p>According to Ullrich, the diagnosis determines the pain generator. The key factor in the clinical diagnosis is to determine if the patient has a pinched nerve or if the disc space itself is generating the pain. These two common conditions produce a different type of pain.<br /> </p><ul><li><strong>Pinched nerve.</strong> When a patient has a symptomatic herniated disc, it is not the disc space itself that hurts, but rather the disc herniation is pinching a nerve in the spine. This produces pain that is called radicular pain (e.g., nerve root pain, or sciatica from a lumbar herniated disc, or arm pain from a cervical herniated disc).<br />On Spine-health.com, this type of condition is referred to as a herniated disc.</li><li><strong>Disc pain.</strong> When a patient has a symptomatic degenerated disc (one that causes low back pain or other symptoms), it is the disc space itself that is painful and is the source of pain. This type of pain is typically called axial pain.<br />On Spine-health.com, this type of condition is referred to as a <a title="http://www.spine-health.com/conditions/degenerative-disc-disease Degenerative Disc Disease" href="http://www.spine-health.com/conditions/degenerative-disc-disease">degenerative disc disease</a>.</li></ul><p>As with all injuries, the diagnosis determines the treatment. By providing your doctor with accurate descriptions of your physical limitations, pain and degree of suffering, he or she will be able to combine that with medical testing to pinpoint the source of your problems. Treatment for each injury varies. Pain caused by a bulging disc will not be resolved by treating a muscle sprain, and surgery may not be appropriate in many cases.<br /><br />Before considering any treatment, make sure to discuss it thoroughly with your medical care provider. </p>Richard G. Dannerhttp://www.blogger.com/profile/13804963036071299907noreply@blogger.com0tag:blogger.com,1999:blog-850380062185744638.post-82720947624542013872008-06-01T15:37:00.000-07:002008-06-01T15:45:43.042-07:00Vioxx Appeal Verdicts Are a Slap in the Face to ConsumersFrom the <a href="http://www.msnbc.msn.com/id/24874604">AP</a>: <br /><br /><blockquote><p>“Appeals courts in New Jersey and Texas on Thursday scrapped verdicts against the drugmaker Merck & Co. Inc. stemming from some of the earliest trials involving its once popular painkiller Vioxx.</p><p>A Texas court reversed a $26 million verdict against the drug company stemming from the first trial. The court found no evidence that Robert Ernst suffered a fatal heart problem from a blood clot triggered by Vioxx. He had been taking the now-withdrawn drug for eight months before being stricken in May 2001.”<br /></p></blockquote>Despite the fact that Merck pulled Vioxx off the shelves voluntarily after its own studies found that the drug doubled the risk of heart attack or stroke, the company refuses to accept responsibility for the lives it has claimed. After the Texas appeal verdict, it’s painfully clear that our conservative courts are more than happy to protect deep pocketed pharmaceutical companies at the risk of consumers’ lives.<br /><br />A more in-depth discussion of the appeals can be found on <a href="http://www.law.com/jsp/tx/PubArticleTX.jsp?id=1202421813743">Texaslawyers.com</a>. Mark Lanier, attorney for the plaintiff, found that the <strong>appeals court judges opinion is "judicial activism for corporate America."</strong> This type of judgement from Texas’ higher courts isn’t unusual.<br /><br />Houston plaintiffs lawyer Tommy Fibich, a partner in Fibich Hampton & Leebron who has settled all of his 250 or so Vioxx suits, says the 14th Court opinion in Ernst is a reflection of Texas' conservative courts.<br /><br /><blockquote>"They look askance at every plaintiff's verdict. . . . Mark Lanier knows the rules on causation, and he and I thought he had met those under the Texas rules," Fibich says. "Our courts are conservative. It's like they try to find a reason to reverse a case these days."<br /><br />Fibich says it's a sad day when appeals courts "substitute themselves for the judge who tried the case and the jury who heard the evidence determination."<br /></blockquote><br />The Houston Chronicle echoes these sentiments in an editorial on May 31, 2008, claiming that the <strong><a href="http://www.chron.com/disp/story.mpl/editorial/5810925.html">"Houston appellate court usurps role of trial judge and jury." </a></strong><br /><br />What’s it going to take to make sure consumers are safe?Richard G. Dannerhttp://www.blogger.com/profile/13804963036071299907noreply@blogger.com0tag:blogger.com,1999:blog-850380062185744638.post-59168338665461292022008-05-30T13:18:00.000-07:002008-05-30T13:39:18.641-07:00Big Rigs, Drug ProblemsLast week the U.S. Government Accountability Office (<a href="http://www.gao.gov/index.html">GAO</a>), “the investigative arm of Congress,” released a report, titled <a href="http://www.gao.gov/new.items/d08600.pdf">"Motor Carrier Safety: Improvements to Drug Testing Programs Could Better Identify Illegal Drug Users and Keep Them off the Road.”</a> It brings to light a problem in the trucking industry that we in the legal field have suspected for a while. Truckers are finding ways around the drug testing process and positive testing suspension regulations so that they can keep driving.<br /><br />The offenses of Jerry Reed’s “Snowman” in <a href="http://www.imdb.com/title/tt0076729/">Smokey and the Bandit</a> are nothing compared to the way these guys drive.<br /><br />The GAO’s report focuses on two areas:<br />1) the factors that contribute to the challenges of drug testing drivers, and<br />2) possibilities for addressing these challenges.<br />(for highlights of the report, click <a href="http://www.gao.gov/highlights/d08487thigh.pdf">here</a>)<br /><br />Unscrupulous drivers and carriers know that the Federal Motor Carrier Safety Administration (FMCSA) is overburdened. According to the GAO study, FMCSA reviews “touch about two percent of the industry.” The known limited resources promote a lack of adherence to federal regulations among some companies, particularly ones with six or fewer drivers. Led by profits, drivers want to stay on the road longer (despite 11 hour rules) and to do so, many take drugs. Without constant supervision by the FMCSA, these drivers skirt the law and endanger ordinary citizens.<br /><br />An <a href="http://video.msn.com/video.aspx?mkt=en-US&brand=msnbc&vid=605bbc48-03b3-48d2-b5da-d709daa1c32f">investigation by Lisa Myers</a> for MSNBC highlights some of the main flaws of the current system, including job hopping. <strong>The scariest part of the MSNBC report includes monitored CB radio conversations at truck stops where truckers are buying and selling crack and cocaine.</strong><br /><br />The Dallas Morning News has been following the trucking industry since 2006, after its seven-month investigation written about in the series <a href="http://www.dallasnews.com/investigativereports/roadhazards/">Road Hazards</a>. According to a <a href="http://www.dallasnews.com/sharedcontent/dws/news/texassouthwest/stories/DN-trucks_21pro.ART.State.Edition2.4662274.html">recent article </a>in the DMN, the GAO report confirms its findings. The DMN adds:<br /><blockquote>"In 2006, 4,995 people were killed nationwide and 106,000 injured in crashes involving large trucks, the report noted. Statewide, about 500 people are killed each year in crashes involving large trucks.<br /><br />Although mechanical problems, speeding and driver fatigue are the most frequent factors in fatal accidents involving big rigs, studies have also found that drugs or alcohol substantially increase the risk of accidents. The trucking industry blames passenger cars for causing the majority of accidents."<br /></blockquote><br />While Texas is one of seven states that has a database of drivers who have failed drug tests, it is also known for low reporting from carriers. Only drivers who have Texas CDLs are reported. The DMN article states that just over 13,000 entries are in the database.<br /><br />Two states, North Carolina and Washington, are ahead of the game: following a positive drug test, a driver’s CDL is disqualified. Texas – and the FMCSA – could learn from their methods. The GAO recommends similar actions on a national level and that such a suspension only be lifted after a driver has completed the return-to-duty process. These suspensions would be regulated by medical review officers, rather than carriers, to ensure full compliance. Along with a national database of drug testing offenders, this would address job-hopper and state-hopper problems as well as owner-operator concerns.<br /><br />Congressional action is necessary to see these changes enacted. They are long overdue. I hope that these recommendations of the GAO are not taken lightly, so that in the future each of us will be safer on the road.Richard G. Dannerhttp://www.blogger.com/profile/13804963036071299907noreply@blogger.com0tag:blogger.com,1999:blog-850380062185744638.post-69592232412472855632008-05-20T19:45:00.000-07:002008-05-20T19:45:01.868-07:00Glasses of Milk Mourn the Loss of Oreos<a href="http://www.chicagotribune.com/news/local/blotter/chi-oreo-spill-080519-ht,0,6103111.story">From the Chicago Tribune</a>:<br /><br /><blockquote>Several lanes of Interstate Highway 80 were shut down for hours overnight after<br />a truck hauling Oreos crashed into a median, spilling tons of the chocolate<br />cookies across the highway, police said.<br /><br />The crash occurred at about 3:40 a.m. Monday on I-80 just east of Morris, said Master Sgt. Brian Mahoney of the Illinois State Police.<br /><br />The truck was westbound, hauling about 20,000 pounds of Oreos, when the driver lost control and the rig hit a median before veering into the eastbound lanes. The impact ripped the trailer open, spilling its cargo across the eastbound lanes of the highway, he said.<br /><br />The driver was not hurt, but police had to shut down the eastbound lanes for several hours while the cookies were cleaned up, Mahoney said. The wreckage had been moved to the side of the road and lanes had reopened by about 6 a.m.<br /></blockquote>Precious cargo as Double Stuf Oreos may be, thank goodness that they were the only casualties.Richard G. Dannerhttp://www.blogger.com/profile/13804963036071299907noreply@blogger.com0tag:blogger.com,1999:blog-850380062185744638.post-8924469730101391762008-05-19T20:30:00.000-07:002008-05-19T20:30:00.505-07:00Faulty Facts Blazed Trail for Tort ReformAdvocates for your right to hold medical practitioners accountable for mistakes never had a chance. A KDFW news investigation learned that much of the argument for tort reform leading up to the passing of Proposition 12 in November 2003 was based on exaggerated facts and blatantly incorrect information.<br /><br />After the law was passed, a group of Texas law professors began studying medical malpractice insurance trends for a period of 17 years and found that there had been no increase in claims. Fox also reports that Texans’ For Lawsuit Reform statistics used during the campaign claimed that lawsuits were raising doctors’ medical malpractice insurance rates, but in reality rates were increasing because insurance companies had been undercharging doctors.<br /><br /><blockquote>“Did reform really work?” asks the investigation. “Most Texans probably couldn’t<br />say.”</blockquote><br />Two things are certain: Texans lost their right to fair compensation after medical mistakes and insurance companies kept a whole lot more money in their pockets.<br /><br />For more information about the study, click <a href="http://www.blogger.com/Faulty%20Facts%20Blazed%20Trail%20for%20Tort%20Reform">here</a> or visit <a href="http://www.myfoxdfw.com/">http://www.myfoxdfw.com </a>.Richard G. Dannerhttp://www.blogger.com/profile/13804963036071299907noreply@blogger.com0tag:blogger.com,1999:blog-850380062185744638.post-90702415103543987882008-05-19T12:51:00.000-07:002008-05-19T13:04:33.343-07:00The FDA and Pharmaceutical Companies: Who’s Protecting Consumers?The Food and Drug Administration (<a href="http://www.fda.gov/">FDA</a>) is supposed to protect American families before pharmaceutical products go on the shelves. Lately, the FDA is getting a lot of press and a lot of heat for failing to keep faulty products off the market.<br /><br />Take <a href="http://en.wikipedia.org/wiki/Heparin">Heparin</a> for instance.<br /><br />In November 2007, actor Dennis Quaid’s newborn <a href="http://www.foxnews.com/story/0,2933,338307,00.html">twins were given a near-fatal dose</a> of the blood-thinner, Heparin. Instead of the 10 units the twins should have received, they were given a dose 1,000 times stronger. Why? Because adult dose Heparin and infant doses are stored in very similar vials. The mistake is not uncommon – six newborns in Indianapolis were also given overdoses. Three died.<br /><br />According to an <a href="http://ap.google.com/article/ALeqM5gWny_K8nFBtTE0S_4OLUaKQlgChAD90LJ9A80">AP article</a>, 7,000 Americans die each year from medication errors.<br /><blockquote>Now living in the nightmare of drug-related mistakes, Quaid said, “his family's brush with tragedy underscores the need to hold pharmaceutical companies accountable through lawsuits, a remedy that is becoming increasingly problematic for injured consumers.”</blockquote>Pharmaceutical companies are now arguing before Congress for protection from their own mistakes. They are proposing that federal regulation should preempt the filing of failure-to-warn lawsuits under state law. Lawyers will soon be testifying regarding the same issue before the Supreme Court this year in a case from Vermont (<a href="http://www.supremecourtus.gov/qp/06-01249qp.pdf">Levine v. Wyeth</a> (Lawyers USA No. 9934602) Vermont Supreme Court No. 2004-384. Oct. 27, 2006).<br /><br />In the last few months, the <a href="http://ap.google.com/article/ALeqM5gK1IliWwKsLpGIB4oplZG8wMB3IAD90K2CHG0">FDA has come under fire again</a> regarding Heparin. Like every other American company rushing to China to save money on cheap labor and manufacturing, pharmaceutical companies have jumped on the bandwagon. And, like toys and dog food, consumers ultimately pay the price of these dangerous drugs. Doses of Heparin made in China were linked to 81 deaths and hundreds of allergic reactions. Before releasing the Heparin to hospitals, neither Chinese authorities nor the FDA checked the facilities making the drug. After the deaths and injuries, the FDA did not order a total recall of drug made in China, fearing that there would be a shortage. As of last week, U.S. Health and Human Service Secretary Mike Leavitt announced that processes were now in place to ensure the safety of Heparin in the United States.<br /><br />The United Auto Workers of America (<a href="http://www.uaw.com/">UAW</a>) have put together a campaign to urge Congress to get the FDA back on track and out from under the influence of pharmaceutical companies. Here’s what they recommend:<br /><br /><ul><li>Tell Congress to protect the public by not allowing scientists with ANY financial ties to the pharmaceutical industry to be voting members on advisory committees that evaluate drug safety.</li><li>Urge Congress to require better surveillance and warning labels regarding serious side effects of new drugs, and to require a waiting period before direct-to-consumer advertising can begin. </li><li>Tell Congress to provide adequate funds to the FDA for drug safety programs, and to make sure the pharmaceutical industry does not subvert these programs.</li></ul>Addresses and more information about writing your congressperson can be found <a href="http://usgovinfo.about.com/library/weekly/aa020199.htm">here</a>.<br /><br />Check out the UAW’s other consumer action issues <a href="http://www.uaw.org/cap/08/issues/issue14.php">here</a>.Richard G. Dannerhttp://www.blogger.com/profile/13804963036071299907noreply@blogger.com0tag:blogger.com,1999:blog-850380062185744638.post-10176874722151608332008-05-15T15:55:00.000-07:002008-05-15T15:56:21.049-07:0095th District Court: Vote MolbergAfter the Dark Ages of an almost all Republican Courthouse, the 2006 Election ushered in a bright change in Dallas County. For persons injured by the negligence of others – and their insurance companies – there is again the opportunity for the injured party to obtain a fair trial. This next round of elections brings a new crop of candidates to the courthouse, many of whom I’m proud to support.<br /><br />One candidate in particular stands out: Ken Molberg. Molberg, a longtime fixture in Texas Democratic politics is running for the 95th Civil District Court. His experience as a litigator and his expertise in the area of labor and employment law are unmatched. Those, along with his great skills as an organizer and his easygoing nature make him a quick study and a fair justice.<br /><br />Take a moment to learn a little more about Ken at <a href="http://www.kenmolberg.com/">www.kenmolberg.com</a>. Come November, make sure to give him your vote.Richard G. Dannerhttp://www.blogger.com/profile/13804963036071299907noreply@blogger.com0tag:blogger.com,1999:blog-850380062185744638.post-1708180893059698802007-02-28T08:57:00.000-08:002007-02-28T08:58:18.985-08:00Avoid a Final Costly Mistake<p class="MsoNormal"><span style="font-family:Times New Roman;font-size:100%;"><span style="font-size: 12pt;">In death as in life, chaos surrounds Anna Nicole Smith. For a week the media fixated on the probate hearing that was to determine her final resting place. Why? Because the bombshell blond, despite her fortune, had failed to have her last will and testament properly prepared. Sadly, it’s an all too common mistake.<o:p></o:p></span></span></p> <p class="MsoNormal"><span style="font-family:Times New Roman;font-size:100%;"><span style="font-size: 12pt;"><o:p> </o:p></span></span></p> <p class="MsoNormal"><span style="font-family:Times New Roman;font-size:100%;"><span style="font-size: 12pt;">Just recently, a distant family member of a client, whom I was representing on another matter, became terminally ill. Without talking to me about the situation and with no estate planning documents in place, the family did the best they could in attempting to draft a will following the direction of the distant relative. In trying to save time and money, they unfortunately created a flawed document. Later, the client consulted with me regarding the matter, and we attempted to have the will admitted to probate. The failure to have the will properly executed prevented its admission to probate. In this case, the estate assets then passed according to the <st1:place st="on"><st1:state st="on">Texas</st1:State></st1:place> intestacy law, which was sadly contrary to the intent of the decedent as expressed in his defective will.<o:p></o:p></span></span></p> <p class="MsoNormal"><span style="font-family:Times New Roman;font-size:100%;"><span style="font-size: 12pt;"><o:p> </o:p></span></span></p> <p class="MsoNormal"><span style="font-family:Times New Roman;font-size:100%;"><span style="font-size: 12pt;">Preparing estate planning documents is actually a relatively small expenditure, especially when you consider the cost of a flawed will. For usually under a thousand dollars, an experienced attorney should be able to create a simple set of estate planning documents for a husband and wife. You should have a set of wills, durable powers of attorney, directives to physicians (also known as a living will), and a set of medical powers of attorney. If you’re single, you will want to designate someone to be the beneficiary of your estate, and to have your power of attorney.<o:p></o:p></span></span></p> <p class="MsoNormal"><span style="font-family:Times New Roman;font-size:100%;"><span style="font-size: 12pt;"><o:p> </o:p></span></span></p> <p class="MsoNormal"><span style="font-family:Times New Roman;font-size:100%;"><span style="font-size: 12pt;">An attorney who is knowledgeable in estate planning will be able to analyze your situation and give some thought into planning your documents with consideration to the roles of family members and close friends who might be appropriately named for a role in the estate. By taking the time now, you’ll save your loved ones considerable expense and a lot of headaches in the future.<o:p></o:p></span></span></p>Richard G. Dannerhttp://www.blogger.com/profile/13804963036071299907noreply@blogger.com0tag:blogger.com,1999:blog-850380062185744638.post-87195682340441033852007-02-11T20:02:00.000-08:002007-02-10T07:29:39.684-08:00“Good Hands” Giving Policyholders a Beating<p class="MsoNormal">Since <st1:state st="on"><st1:place st="on">New Mexico</st1:place></st1:State> plaintiffs’ attorney David Berardinelli published his book, <a href="http://www.trialguides.com/allstatebook.htm"><i style="">From Good Hands to Boxing Gloves</i></a> last spring, the spotlight has shown increasingly brighter on Allstate Insurance’s claims handling policies. In May, <a href="http://www.businessweek.com/magazine/content/06_18/b3982072.htm"><i style="">Businessweek</i> </a>described the book as the “story of the key role played by management consultant McKinsey & Co. in reengineering auto insurance claims operations at <a href="http://host.businessweek.com/stocks/quote.html?NOTATION=252910">Allstate Corp</a>…a story Allstate doesn’t want told.” </p> <p class="MsoNormal">On Wednesday, February 7, CNN’s <a href="http://www.cnn.com/CNN/Programs/anderson.cooper.360/">Anderson Cooper</a> addressed the insurance giant’s dirty dealings with a much broader audience. </p> <p class="MsoNormal" style="margin-left: 0.25in;">“CNN's investigation reveals a strategy to increase profits by limiting payments to accident victims. And former insurance insiders say most of the industry has adopted the strategy. Allstate and State Farm, the industry leaders, would not talk to CNN for this report.”</p> <p class="MsoNormal">For a transcript of this segment, click <a href="http://s29.quicksharing.com/v/1666205/LSL_AC_360_Allstate_Trans.pdf.html">here</a>.</p> <p class="MsoNormal">Not surprisingly, Allstate declined to be interviewed for the segment. However, interviews with Berardinelli, former insurance industry insiders and victims revealed a profit above all else mentality.</p> <p class="MsoNormal"><st1:place st="on"><st1:placetype st="on">University</st1:PlaceType> of <st1:placename st="on">Nevada</st1:PlaceName></st1:place> at Las Vegas Law professor <a href="http://www.law.unlv.edu/faculty_jefferyStempel.html">Jeff Stempel</a> stated what trial lawyers wish everyone knew:</p> <p class="MsoNormal" style="margin-left: 0.25in;">“We can see that policyholders individually are getting hurt by being dragged into court on fender bender claims. And yet we don't see collateral benefit in the form of reduced premiums, even for the other policyholders. So, I think now we can say to continue this kind of program is, in my view, institutionalized bad faith.”</p> <p class="MsoNormal">After 30 plus years of being an attorney for the little guy, I’ve had my share of dealings with Allstate. Presenting any claim to these folks, even if the claim is fair and reasonable is extremely difficult. This is due to the fact that Allstate has adopted the new McKinsey approach to claims handling, which is to deny almost any claim, even if it is reasonable and the Allstate insured was at fault. Allstate has billions of dollars of premium income to spend denying claims. They’re mean, arrogant and will stall and delay until you settle on their terms. </p> <p class="MsoNormal">Lately, Allstate has taken a slightly different tack in <st1:state st="on"><st1:place st="on">Texas</st1:place></st1:State>. In my case, a client, whom I recently represented, received a default judgment on her lawsuit seeking damages from an Allstate-insured who had broadsided her after running a red light. The client and her minor son were each awarded default judgments against the Allstate-insured for less than $30,000 each. </p> <p class="MsoNormal">When demand was made on Allstate for payment of the judgments, they refused to pay, contending that their insured had not notified them of service of citation. However, shortly after filing the lawsuit, I had advised the Allstate adjuster that the suit had been filed. Allstate failed to file an answer on behalf of their insured, leaving their insured exposed to $50,000 in judgments, and refused to pay a valid judgment awarded by the court. Thus, the Allstate-insured was injured financially, and my client is being hindered in her efforts to collect the judgments. Yet another example of the “Good Hands” at Allstate. <span style=""> </span></p> <p class="MsoNormal">Until more people become aware of the Allstate tactics and voice their objections, we’ll keep seeing these underhanded dealings from the “Good Hands” folks at Allstate. </p>Richard G. Dannerhttp://www.blogger.com/profile/13804963036071299907noreply@blogger.com0tag:blogger.com,1999:blog-850380062185744638.post-47797190440438595562007-02-10T07:11:00.000-08:002007-02-07T16:34:30.279-08:00Judges’ Decision Cracks Foundation of Legal System<p class="MsoNormal" style=""><st1:state st="on"><st1:place st="on">Texas</st1:place></st1:State> trial lawyers have been complaining loud and clear about the way the <a href="http://www.supreme.courts.state.tx.us/">Texas Supreme Court</a> is overturning jury verdicts. Our cries have fallen on deaf ears. Now that academics are speaking out about our diminishing right to trial by jury, perhaps citizens (and voters) will listen. <u2:p></u2:p><o:p></o:p></p> <p class="MsoNormal" style=""><st1:place st="on"><st1:placename st="on">Baylor</st1:PlaceName> <st1:placetype st="on">University</st1:PlaceType></st1:place> law professor <a href="http://law.baylor.edu/faculty/profiles/Powell.htm">Gerald R. Powell</a> has filed an excellent Letter Brief of Amicus Curiae with the Texas Supreme Court, following their decision in <a href="http://www.supreme.courts.state.tx.us/opinions/HTMLopinion.asp?OpinionID=2000845"><i>The </i></a><i><a href="http://www.supreme.courts.state.tx.us/opinions/HTMLopinion.asp?OpinionID=2000845">Coca-Cola Co., et al. v. Harmar Bottling Co., et al.</a> </i>Professor Powell minces no words when he sums up the sad state of jury verdicts in <st1:state st="on"><st1:place st="on">Texas</st1:place></st1:State>:<o:p></o:p></p> <u2:p></u2:p> <p class="MsoNormal" style="margin: 0in 0.5in 0.0001pt;"><u2:p></u2:p>“If appellate courts so freely reverse jury verdicts, then there is little chance that trial by jury can long endure upon so unstable a foundation. Each tremor is an alarm to us all – it is a siren warning of the widening chasm ahead.”<o:p></o:p></p> <p class="MsoNormal" style="">To read the entire brief, click <a href="http://s5.quicksharing.com/v/9085333/Powell_amicus_brief.pdf.html">here</a>.<o:p></o:p></p>Richard G. Dannerhttp://www.blogger.com/profile/13804963036071299907noreply@blogger.com0tag:blogger.com,1999:blog-850380062185744638.post-87541381684919218422007-02-02T17:37:00.000-08:002007-02-02T15:39:12.069-08:00You Can Teach an Old Dog New Tricks<div align="left">After practicing law in the great State of Texas for the better part of four decades, I have found the main focus of my firm under attack. Zealous tort reformers have made it virtually impossible for anyone who’s been wronged to seek reasonable damages. In the eighties and nineties, Republican judges swarmed the courthouses. Today, they reign supreme on Texas’ top court, thus rendering any lower court’s pro-plaintiff judgment ultimately ineffective. The Bush White House may deem any judge just left of center an “activist judge,” but it was their legions that started that “activist” trend in North Texas by consistently ruling pro-business. The passing of Proposition 12 in 2003, which caps non-economic damages, was the final straw for this plaintiff’s lawyer. It seems today that no matter what the case; it’s practically dead in the water before it ever sees the inside of a courtroom.<br /><br />This dark environment has given seasoned trial lawyers like me a reason to branch out and dip our toes in the sea of new technology. Thus, I have created this blog. I’ve always been a voice for the little guy in the courtroom fighting back against big business and even bigger insurance companies. Now I’m just making that voice a little louder, sharing it a little more by offering insight and opinion here on Lone Star Litigator.<br /><br />They say you can’t teach an old dog new tricks, but this dog will use whatever tricks it takes to stay in the hunt. I’m invigorated by Dallas County voters’ decision to give Democrats a turn in the courthouse. It’ll be a while before the whole state makes that turn back to the left -- even a little bit back to the center might be nice.<br /><br />For now, I’ve decided to get back to the basics and focus my practice on general law. I plan to keep fighting for the injured, but I will also focus more on helping my clients arm themselves for everyday legal matters with properly prepared wills and business contracts. And, on Lone Star Litigator, I hope to arm visitors with knowledge to help them make more educated legal decisions. Either way, I’ll still be on the side of ordinary Texans, giving them the power to stand up for their legal rights.</div>Richard G. Dannerhttp://www.blogger.com/profile/13804963036071299907noreply@blogger.com1