I was involved in an auto accident two years ago and, after unsatisfactory dealings with the insurance company of the other driver, I hired Justin Demerath to respresent me in my claim for medical bills coverage. It was a lengthy process but, from the initial fact-finding consultation thru to the final court verdict, Mr. Demerath and his legal assistant, Alice Keeran, were always available to answer even the most mundane of questions and I ended up learning a great deal about the law as a result. The legal process is nothing to be frightened of; it is the most basic of rights to which we, as American citizens, are entitled and I came away from the lawsuit armed with a great deal more knowledge about that right than I had before. Mr. Demerath is a true professional whose compassion for his clients and for the law is first rate. He believes in the sanctity of the law and has great respect for those who uphold and administer it. In the process of discovery, deposition, mediation and finally, in the courtroom, Mr. Demerath, unlike the opposing counsel, treated both parties with respect and did not resort to badgering or leading the witnesses. I would recommend Justin Demerath and his colleagues to anyone and, should I myself need legal advice or representation in the future, I will not hesitate to call them.

The drug Reglan, sometimes called by the generic name “metoclopramide”, was approved by the FDA in 1980. Over 2 million Americans have been prescribed Reglan.  Reglan is primarily prescribed by doctors for gastroesophageal reflux (GER) and gastroesphageal reflux disease (GERD) and diabetic gastroparesis.  It is available in several different ways branded “Reglan” and generic “metoclopramide” products. Metoclopramide is available in a variety of forms including tablets, syrups and injections. Products that contain metoclopramide include Reglan Tablets, Metoclopramide Oral Solution, Reglan Oral Disintegrating Tablets, and Reglan Injection.

Recent studies suggest that Reglan may cause a form of nureological disease called tardive dyskinesia.   Side effects are generally only showing in patients who used metoclopramide for longer than three months. In one study that the FDA viewed, around 20% of patients who used metoclopramide took it for a period longer than three months.

Our Reglan claim law firm has learned that in many instances, Reglan has been used to treat digestive disorders in babies and infants, and the incidence of Reglan side effects in young children is equal to that of side effects in adults.   

Some of the side effects caused by Reglan are:

Parkinsonian symptoms

blepharospasm

cervical dystonia (torticollis)

ocular deviations

Akathisia

neuroleptic malignant syndrome

tardive dyskinesia

Tardive dyskinesia (TD) is typically a drug-induced disorder caused by the long-term use of neuroleptic drugs. Tardive dyskinesia translates literally to delayed abnormal movement.  This serious neurological syndrome is often irreversible and may become permanent.  Since the 1950’s a family of drugs referred to as dopamine receptor blocking drugs (DRB) have been prescribed for certain mental health conditions and are now also commonly prescribed for the treatment of GERD and nausea.

Tardive Dyskinesia Symptoms

Facial grimacing

Repetitive chewing

Jaw swinging

Tongue thrusting

Involuntary movement of the arms and legs

Treatment of tardive dyskinesia includes stopping or reducing the use of Reglan (metoclopramide). However, the symptoms of tardive dyskinesia may continue long after discontinuation of Reglan (metoclopramide) and there is no known treatment.  In some patients, symptoms may lessen or disappear after Reglan (metoclopramide) treatment has stopped. The majority of patients who have developed tardive dyskinesia have been treated with Reglan (metoclopramide) for more than three months.

The U.S. Food and Drug Administration(FDA) announced in February 2009 that manufacturers of metoclopramide are required to add a black box warning to their packaging to alert consumers about the risk of the side effects associated with its long-term and/or high-dose use.  Also, the FDA is requiring manufacturers to create a risk evaluation and mitigation strategy so that patients are provided with a guide that tells about the risk of tardive dyskinesia with metoclopramide treatment.

Our law firm is currently investigating claims of all clients suffering side effects from Reglan side effects on a contingency basis.  This means that should you engage our law firm to investigate your potential Reglan claims, there are never any legal fees unless we recover compensation for you.  For a free no-obligation consultation please contact us at 1-877-494-9949 or fill out our online contact form and a Reglan attorney will contact you to discuss your case.

Often times when a catastrophic truck accident badly injures a family, the financial costs can be staggering, often times in the millions of dollars.  Currently, the federal laws relating to how much insurance a semi truck must carry is not sufficient to take care of those expenses in a tragedy.

In 1980 Congress passed the Motor Carrier Act of 1908 and gave the United States Secretary of Transportation the authority to set the minimum level of insurance for tractor trailers, but the limit could not be less than $750,000 for property carrying trucking companies.  The idea was that since congress was erasing many of the protections that had been present under the old laws, the public deserved greater protections from negligent trucking companies.  In place of more strict legislative oversight, Congress called for higher insurance minimums, thinking that the insurance underwriters would not insure companies unless they were in fact safe.

The legislature said: 

” The carrier who wants to maintain high safety levels will be under pressure to cut his costs to meet the prices of his competitors will be under pressure to cut his costs by operating in violation of minimum safety standards…. Insurance companies are equipped to evaluate the performance of the motor carriers. The premiums they assess are in direct relation to the risks they assume. Therefore, an unsafe carrier will have an increased premium, and a totally unsafe carrier may not be able to obtain the insurance necessary to operate, or at best will be at an insurance cost disadvantage.”

It has been estimated there are currently over 750,000 trucking companies operating in the United States today.

It has been many years since the minimum insurance limit for trucking companies was increased.  as a result of this injustice, many victims of an interstate tradgedy have had their lives ruined by catastrophic trucking accident injuries, only to spend the remainder of their days fighting off bill collectors and desperately trying to obtain much needed medical attention.  

Clearly it is time that the minimum limits be raised. 

To learn more about the trucking industry, contact Texas Truck Accident Attorneys  O’Hanlon, McCollom & Demerath.

Disclaimer:  We are licensed Texas attorneys, and generally base our writings on Texas law.  This information is current and accurate at the time of posting.  We do not update previous posts if/when the laws change.  This blog does not constitute legal advice.

Our firm often receives calls from prospective clients who are looking for general information.  We see a common thread of misconception that the prospective client is “in good hands” because a friendly opposing adjuster for an at fault driver is helping them with their claims.  MAKE NO MISTAKE, the insurance industry is not your friend if you have been in an accident.  Insurance companies are corporate entites who are in the business of making money.  To be sure,  the corperate nature of the insurance industry is such that if they don’t put their company’s profits over your interests, they are breaching their duties to their shareholders, and are not doing their job.

Make sure you know what the insurance companies know about your case.  Generally insurance adjusters and lawyers run searches on individuals who have been in injured in accidents to determine if they have ever been in hurt before, or if there are records of other reports of medical complaitns due to accidents.   The individuals never even know this search is done. Even if the records are years old, the records remember and the insurance companies know about that medical treatment. Each body part is coded so if the neck or back hurt before, the insurance companies and the defense firms can go and find those records.  These records will be used to reduce the value of a case.

Make sure your lawyer runs a search as well on you know what the other side knows.  When conisdering a law frim, be sure they know how to run a Claims Index Bureau search.

I am an active duty member of the military and I was rear ended on the highway near El Paso.  My buddy said that I have to deal with some liens for the amount the military paid for my treatment.  Is this true?

I am sorry to hear about your troubles.  Your friend is indeed correct that there may be some trouble in settling your claim.  Federal law provides that the military insurance company, TRICARE, may subrogate what it pays for the medical care of a service member when that care is required because of the negligence of another.  Take a look at the military auto accident subrogation law by clicking the link or reading below.

“In the case of a person who is a covered beneficiary, the United States shall have the right to collect from a third-party payer reasonable charges for health care services incurred by the United States on behalf of such person through a facility of the uniformed services to the extent that the person would be eligible to receive reimbursement or indemnification from the third-party payer if the person were to incur such charges on the person’s own behalf.”  10 U.S.C. 1095(a)

What does this mean for you?  Well, in short, a service member who recovers money from the insurance of the at-fault driver has an obligation to reimburse TRICARE for what TRICARE has spent on the military member’s accident related medical care.  TRICARE doesn’t even need to notify the military member of this obligation, and if the service member ignores the obligation, TRICARE could come after him or her personally for the money.

Of course, the attorneys at an experienced and reputable personal injury law firm will have the expertise to guide service members injured in car accidents.  In fact, our firm has had great success negotiating with TRICARE and thereby increasing our clients total net recovery.

Disclaimer:  We are licensed Texas attorneys, and base our writings on Texas law.  This information is current and accurate at the time of posting.  We do not update previous posts if/when the laws change.  This blog does not constitute legal advice.

We’ve received several questions about the safety of Zicam and the recent FDA warning.  In an effort to inform regular contributors to our forum, we’ve decided to address some of the most common questions.

Zicam is the name of an over the counter cold remedy marketed by Matrixx Initiatives, Inc., a large marketer of healthcare products. Zicam purports to reduce the severity and duration of the common cold. The active ingredient in Zicam is a form of the mineral Zinc.  Zinc, especially Zinc gulconate, is supposed to have therapeutic effects for suffers of the common cold, thought the results of experiments designed to test the effectiveness of zinc in fighting or preventing the common cold have been inconclusive to date.  Zicam has been sold in many varieties. The brand name has even been expanded to health aids designed to combat other health ailments besides the common cold and to products that do not contain zinc. However, the zinc containing formulas designed to combat the common cold are available as nasal gels, nasal gel swabs, oral lozenges, and oral sprays. Only those products with a nasal delivery system are made subject to the FDA Zicam Warning.

The FDA warning is due to reports of anosmia, or loss of sense of smell.  The letter urges consumers not to use nasally delivered Zicam products.  Many retailers and pharmacies are voluntarily removing these items from their shelves.  The FDA stated that Zicam products may not be marketed without FDA approval, but has stopped short of a full recall.  The makers of Zicam dispute the validity of the FDA’s claim.   Matrixx Initiatives issued a response stating that the FDA’s action was “unwarranted” and that Zicam products “do not cause anosmia.”

Zicam has been the subject of controversy before.  In 2006, the makers of Zicam settled a large number of lawsuits dealing with claims of loss of smell (anosmia) for $12 million, but the company did not admit fault and its products remained available to consumers.  Our firm is currently investigating Zicam claims for viability.  If you are concerned that you or a loved one may have experienced complications as a result of this drug, contact our law firm for a no cost consultation.

Disclaimer:  We are licensed Texas attorneys, and base our writings on Texas law.  This information is current and accurate at the time of posting.  We do not update previous posts if/when the laws change.  This blog does not constitute legal advice.

Can an accident victim recover punitive damages from the at-fault driver’s insurance policy?

Our previous post regarding the recoverability of punitive damages from a first party uninsured motorist insurance policy generated much interest.  For a description of the nature and purpose of punitive damages in Texas, as well as the applicability of them in relation to first party insurance, click the previous link.  This topic has generated so much interest that I’ve been approached several times since that post aired with a related follow up question:  if you can’t recover punitive damages from first party insurance, can you recover them from the at-fault driver’s policy?

First, for newcomers to the discussion, let me clarify the distinction between first party insurance and an at fault driver’s insurance.  First party insurance is insurance maintained by the victim for the victim.  This coverage often takes the form of Personal Injury Protection, Uninsured and Underinsured Motorist coverage, MedPay coverage, and the like.  The at-fault driver’s insurance policy is not first party in relation to the victim; it is third party insurance.

Back to the question, the answer is “it depends.”  The top courts in many other states in the Union have ruled that punitive damages are not recoverable from an at-fault driver’s policy.  The courts reason so because since punitive damages are designed to punish the wrongdoer, to make a risk pool or insurance company pay out punitive damages would not punish the wrongdoer, but would punish other policyholders by increasing insurance companies’ exposure and thus increasing premiums.

Luckily for accident injury victims, the Texas Supreme Court differs.  Under Texas law, the recovery of punitive damages from an at-fault driver’s policy (third party coverage) does not violate public policy.  Texas law looks at the actual terms of the policy to determine whether coverage for punitive damages is allowed on a case by case basis.  In fact, in the absence of any express exclusion of liability for punitive damages contained in the actual policy, coverage for punitive damages assessed against the insured will be enforced.

Disclaimer:  We are licensed Texas attorneys, and base our writings on Texas law.  This information is current and accurate at the time of posting.  We do not update previous posts if/when the laws change.  This blog does not constitute legal advice.

I have heard much about the Digitek recall recently.  My husband was given Digitek for his atrial fibrillation, and I’m worried that my husband may have taken a dangerous drug.  What are the symptoms of an adverse reaction to Digitek?  Should we talk to an attorney?

I am sorry to hear about your husband’s ailments.  Such circumstances undoubtedly weigh on the entire family.  Digitek is a brand name of the Digoxin drug, and is used to treat a variety of cardiac ailments, including atrial flutter, atrial fibrillation, and congestive heart failure.  It works by smoothing out the irregularities in the heartbeat that cause flutter and fibrillation.  Digitek also works to strengthen the contraction of the cardiac muscles thereby aiding in cases of congestive heart failure.

However, like many medications, Digitek has a host of potentially severe side effects.  The rate at which these side effects occur increases as the dosage of the drug increases.  Thus, when the makers of Digitek erred by mislabeling and mispackaging the drug so that patients were given much more than their prescribed dosage, many patients experienced negative side effects.  This error led to the Digitek recall.

An overdose of Digitech can result in digitalis toxicity.  Acute symptoms of digitalis toxicity usually manifest as nausea, fainting, stomach pain, diarrhea, weakness, loss of appetite, drowsiness, and confusion.  Symptoms of chronic digitalis toxicity usually manifest as problems with the patient’s vision, such as seeing halos, problems with color perceptions and focus, and even hallucinations.  The nature of these symptoms make diagnosing digitalis toxicity problematic, and a blood test is usually required to make a determinative diagnosis.

If you or your husband have any health questions, I cannot urge you strongly enough to consult your doctor and, if your husband is not feeling well, to seek immediate medical attention.  If you think your husband may have been adversely affected by Digitek, he should consider calling an attorney promptly (but after seeking medical care) to discuss his rights.

Disclaimer:  We are licensed Texas attorneys, and base our writings on Texas law.  This information is current and accurate at the time of posting.  We do not update previous posts if/when the laws change.  This blog does not constitute legal advice.

My girlfriend was sexually assaulted by a relative when she was 15 years old and she wants to sue that relative now.  She is now 21 years old.  Is it too late for her to sue?  It’s already been six years since it happened.  We live in San Antonio, Texas.

I am very sorry to hear about your situation.  These types of situations are never easy to deal with, but fortunately the laws in Texas are very strict in regards to sexual offenders.  You left out a couple of potentially important details, such as if the assault was ongoing or re-occurring.  I will proceed based on the supposition that the assault occurred only once when your girlfriend was 15.

Back to your question, the Texas statute of limitations for a civil suit based on sexual abuse is 5 years.  See Texas Civil Practice and Remedies Code 16.0045.  However, the Texas Legislature provided an exclusion to that rule that allows tolling of that time period during the time a plaintiff is under the age of 18 years.  In other words, the 5 year limit does not begin until the victim turns 18.  Thus, even though more than five years have passed since your girlfriend was assaulted, less than 5 years have passed since she turned 18.  That means she can sue the offender in a civil action.

We may be putting the cart before the horse, though.  Have the police been notified about the situation?  Is the perpetrator a known sex-offender?  The Texas criminal statute of limitations for sexual abuse has not yet expired.  A criminal conviction would make proving a civil case less difficult.  More importantly, if this sex-offender is not stopped, there is a more than negligible chance that he will hurt someone else.  If you have any further questions about a civil suit in this matter, feel free to contact our offices.

Disclaimer:  We are licensed Texas attorneys, and base our writings on Texas law.  This information is current and accurate at the time of posting.  We do not update previous posts if/when the laws change.  This blog does not constitute legal advice.

May a claimant recover punitive damages under his or her automotive Uninsured Motorist policy?

Hello, and thank you for your question.  Please note that I am a licensed, Texas attorney, and that you are advised to seek the opinion of local counsel in all legal matters.  The purpose of punitive damages is to punish the wrongdoer and deter people from committing that same wrong.  When an automobile accident is caused by gross negligence, the injured persons may recover these punitive, or “exemplary,” damages over and above damages for medical expenses, lost wages, pain and suffering, mental anguish, etc.

Gross negligence in Texas is defined as an act or omission, which when viewed objectively from the standpoint of the actor at the time of its occurrence involves an extreme degree of risk, considering the probability and magnitude of the potential harm to others, and of which the actor has actual, subjective awareness of the risk involved, but nevertheless proceeds with conscious indifference to the rights, safety, or welfare of others.  A common example of an act that, if a causative factor of an automobile accident, would constitute gross negligence is driving while intoxicated.

Whether punitive damages may be recovered from an Uninsured Motorist policy will depend on the laws of the particular state in which the action accrues.  Only a tiny fraction of states in the Union allow for such recovery.  Texas follows the majority of states by not allowing the recovery of punitive damages under an Uninsured Motorist policy.  The rationale given by the courts is that since punitive damages are designed to punish and deter the wrongdoer, it would be unfair to hold the injured person’s own insurance company responsible for the punitive damages caused by a third party (the uninsured, grossly negligent motorist).  If you find yourself injured by an uninsured motorist, do not delay – contact a licensed Texas personal injury attorney now for a free consultation.