Waco Personal Injury Lawyer

Vita Breath Supplement Recalled Due To Excessive Lead

Chrissie Cole — Sat, 01 May 2010 00:06:00 GMT

Consumers should avoid purchasing or consuming Vita Breath, a dietary supplement manufactured by American Herbal Lab Inc., warns the Food and Drug Administration (FDA) because they have the potential to contain excessive levels of lead.

The NYC Department of Health notified the FDA about a patient with lead poisoning who reported taking the supplements. The agency analyzed a sample of Vita Breath and found it contained 1,100 part per million of lead. That’s 10,000 times higher than the FDA’s maximum recommended level for lead in candy.

People with high blood levels of lead may show no symptoms, but the condition may cause damage to the nervous system and internal organs. Children are particularly vulnerable to lead poisoning.

The agency recommends that people who have consumed Vita Breath talk to their doctors about getting a blood test that can detect lead poisoning.

Originally posted at InjuryBoard by Chrissie Cole

Waco Man Struck By Car In Wal-Mart Parking Lot

Chrissie Cole — Tue, 15 Sep 2009 15:37:00 GMT

A man was taken to a local hospital yesterday after he was struck in a crosswalk in the parking lot of the Hewitt Wal-Mart store.

The accident happened Monday afternoon after 3:00 p.m.

The unidentified man suffered a knee injury when he was thrown onto the hood of the vehicle.

According to witnesses at the scene, the woman driving the car that struck him was stalking on her cell phone at the time of the accident.

If you have been in a car accident and you need more information, you can use the form on the right to contact one of our attorney's for a free and confidential consultation.

For more information on car accidents and prevention, visit our Automobile Accident Help Center.

Originally posted at InjuryBoard by Chrissie Cole

Car Collides With Big Rig Along I-35

Chrissie Cole — Thu, 26 Mar 2009 03:11:00 GMT

Southbound Interstate was closed for six hours after a pickup truck and 18-wheeler collided on, just after 2:00 a.m.

The truck accident happened between mile markers 336 – 337, when a Ford F-150 was traveling north in the southbound lane of Interstate 35.

The pickup driver was killed when the truck and the big rig collided. After the collision, the cab of the big rig caught fire. The driver was able to escape the vehicle without injury.

Marcus Stahl, 28, the driver of the pickup died on impact.

Judge Jean Laster was called to the scene and ordered Stahl's body to be sent to Dallas for autopsy.

The investigation is ongoing. At this time officials are still unsure how the vehicle got onto the highway headed in the wrong direction.

Originally posted at InjuryBoard by Chrissie Cole

Victoria Tour Bus Crash Kills One, Critically Injures Many Passengers

Craig Cherry — Wed, 02 Jan 2008 08:52:44 GMT

At approximately 4:10 am this morning, a motor coach tour bus operated by Capricorn Bus Lines, Inc overturned and flipped on its side while traveling on U.S. Highway 59 near Victoria, Texas. At the time of the accident, it is believed approximately 46 people were on the bus traveling to Houston, Texas from Monterrey, Mexico.

One bus passenger died at the accident scene from injuries. At least twenty-five people were taken to area hospitals, nine of them were in critical condition. At least two bus passengers were airlifted to hospitals in San Antonio given the severity of their injuries. Many of the injuries to bus passengers have included broken backs and additional orthopedic injuries.

Police investigators are still trying to determine why the bus overturned onto its side, however investigators believe the driver may have gone off the road and then overcorrected before the bus overturned. It is unclear at this time whether or not the tour bus was equipped with passenger seat belts.

For more information on this subject, please refer to the section on Mass Transit Accidents.

Originally posted at InjuryBoard by Craig Cherry

Survey of Texas State Court Judges Confirms "Tort Reform" Unnecessary

Craig Cherry — Mon, 03 Sep 2007 21:26:50 GMT

A new law review article recently published by the Baylor Law Review (Vol 59, Summer 2007) provides emperical data suggesting "tort reform" is unnecessary.

In "Straight From the Horse's Mouth: Judicial Observations of Jury Behavior and The Need for Tort Reform", the authors surveyed state court judges in Texas and found very interesting results, some of which are summarized below.

Regarding actual and exemplary damages, the survey found:

Over 83% of the Texas district court judges had observed not a single instance of a
"runaway jury" verdict on either actual or exemplary damages during the preceding
48 months before the survey.

Over 85% of judges had not at all or in only one instance granted relief during the
past four years due to an excessive award of actual damages. No judge in the entire
sampling had granted such relief during the prior four years in more than three cases.

Over 83% of Texas judges had not witnessed a single jury award too high
(compensatory damages).

15% of Texas trial judges observed juries refuse to make any award of punitive
damages when the judge believed such an award was warranted by the evidence.

Regarding "frivilous lawsuits", the survey found:

44% of the judges had not personally observed a single frivolous lawsuit in their
courtroom during the prior four years.

99% had observed no more than between 1-25% of the cases filed before them as being
frivolous.

85% of the responding judges had at most sanctioned a lawyer
only one time or less during the prior four years.

Over 86% of the responding judges believed that there was no need for further legislation
addressing frivolous lawsuits.

Out of 389 state court judges in Texas, 303 returned the survey to the authors.

The survey results confirm that most Texas trial judges do not see significant numbers of
frivolous filings by people who have no business suing, and plaintiffs with legitimate
suits are much more likely to be under compensated than to receive any windfall. Two
primary goals for tort jurisprudence are for the victim to receive full compensation and to
deter the tortfeasor, and when victims are not fully compensated and tortfeasors are not
deterred, neither goal is met.

Originally posted at InjuryBoard by Craig Cherry

Chinese Toy Company Boss Kills Himself

Courtney Mills — Mon, 13 Aug 2007 14:06:26 GMT

The head of a Chinese toy company, responsible for overseeing millions of dollars worth of lead-painted toys, hanged himself in his factory this weekend, just after the Chinese government banned exports from the company. Zhang Shuhong, who ran the Lee Der Industrial Co., Ltd., killed himself in a warehouse of the company. In China, hanging oneself is often seen as a sign of shame.

Lee Der was the factory responsible for the causing the recall of nearly a million toys by Mattel, under the Fisher-Price brand name among others.

The recalled toys were all painted with lead. Lead is a heavy metal and neurotoxin that accumulates in the brain, and is particularly dangerous to children.

Originally posted at InjuryBoard by Courtney Mills

Kentucky Bus Crash Victim Sues School Bus Manufacturer

Craig Cherry — Thu, 02 Aug 2007 05:54:56 GMT

The family of 12-year old Cody Shively sued the manufacturers of a school bus he was riding in back in January of this year when it was involved in a crash. Cody suffered severe brain and eye injuries as a result of not being properly restrained during the crash event.

A video camera inside the bus captured Cody and other school children being tossed around the bus during the crash, amidst flying metal beams, shards of glass, and other debris.

The family has sued Navistar International Corporation, Navistar International Transportation Corporation, International Truck and Engine Corporation and IC Corporation alleging the school bus was unsafe because it did not provide seat betls for passengers and lacked sufficient structural integrity.

School bus manufacturers have historically relied upon a theory known as "passive restraint" and "compartmentalization" as attempts to protect school bus passengers. Reliance upon compartmentalization alone is absurd, particularly in a tipover or rollover crash. If a child is not restrained to his seat during a tipover/rollover crash event, the force of gravity is necessarily going to throw the bus passengers out of their seats, thereby creating the potential for a partial or full ejection from the bus. No parent would put a child in a car without a seat belt and no parent should not be forced to put their child in a school bus without seat belts.

For more information on this subject, please refer to our section on Airlines, Cruises, Buses, and Other Mass Transit Accidents.

Originally posted at InjuryBoard by Craig Cherry

Brave Log Splitters Recalled After Injury Reports

Craig Cherry — Sun, 29 Jul 2007 07:58:34 GMT

The Consumer Product Safety Commission, in conjunction with Brave Products, Inc., has recalled approximately 8,000 log splitters after the company received addtional reports of injury from users.

The log splitters hydraulic cylinders may have a defective rod retention which can lead to seals leaking and rods to detach. If the rod detaches, it can lead to serious injury to the operator of the log splitter because the rod can rapidly and unexpectedly extend the splitting wedge.

Brave Products, Inc. has received an additional 59 reports of injury as a result of this defect. These additional injury reports come after a prior recall in February 2005 of the log splitters. One consumer reported a hand amputation that may have been caused by the cylinder defect.

The log splitters being recalled were sold between January, 2002 and October, 2004, and then from May, 2006 through April, 2007.

Consumers are advised to discontinue use of the log splitters immediately and contact Brave Products, Inc. to receive a free replacement cylinder.

For more information on this subject, please refer to our section on Defective and Dangerous Products.

Originally posted at InjuryBoard by Craig Cherry

Easy-Bake Ovens Recalled After Children Injury Reports

Craig Cherry — Tue, 24 Jul 2007 15:08:51 GMT

Hasbro, Inc. has recalled approximately 1 million Easy-Bake Ovens after receiving numerous reports of injuries to children. According to the notice issued by the Consumer Product Safety Commission, Hasbro, Inc. has received reports of approximately 249 injuries to children as a result of kids getting their hands or fingers caught in the oven's opening.

Out of the 249 reports, 77 including burn injuries, 16 of which were reported as second or third-degree burns. One serious burn injury required the partial amputation of a 5-year old girl's finger.

Ovens sold before May, 2006 are not included in the recall. The Consumer Product Safety Commission advises that caregivers should immediately take this toy away from children and call Hasbro, Inc. for information on how to return the Easy-Bake Ovens and receive a voucher towards the purchase of another Hasbro, Inc. product.

For more information on this subject, please refer to our section on Defective and Dangerous Products.

Originally posted at InjuryBoard by Craig Cherry

Black & Decker Recalls Grasshog Trimmer/Edgers

Craig Cherry — Sun, 22 Jul 2007 14:55:56 GMT

On July 20, 2007, Black & Decker recalled approximately 202,000 GH1000 Grasshog XP String Trimmer/Edgers. According to a notice by the Consumer Product Safety Commission, the trimmer/edgers spool, spool cap and other parts can come loose during use and become airborne projectiles.

The airborne projectiles pose an obvious laceration hazard to users of the product, as well as, bystanders. The trimmer/edgers can also overheat, posing a burn hazard to users.

Black & Decker has received approximately 707 incident reports from consumers regarding these products, including 58 reports of injuries. Both serious and minor injuries, as well as, property damage resulted from use of the defective products according to incident reports received by the company.

Trimmer/edgers with date codes 200546 through 200645 (representing manufacture dates of November 14, 2005 through November 6, 2006) are included in this recall.

Consumers are advised to discontinue use of the product and contact Black & Decker for a free repair kit.

For more information on this subject, please refer to our section on Defective and Dangerous Products.

Originally posted at InjuryBoard by Craig Cherry