The Journal of Head Trauma Rehabilitation recently featured a study arguing that the homeless who suffer TBI have a strong, negative impact on public expenses. Homeless and unsafely housed individuals who have suffered damaging blows to the head are more likely to frequent ER departments for health care, to fall victim to assaults, to have done jail time and to have been arrested.

The Canadian article argued that traumatic brain injuries, such as concussions, are approximately seven times more common among the homeless. TBIs may manifest themselves in mental health issues, in alcohol or drug abuse and in physical symptoms, including seizures.

The study stretched over four years, and 61 percent of its participants reported having sustained a TBI in survey. The figures were roughly consistent across Canada. Homeless individuals with a history of TBI were 1.5 times more likely to attend an ER due to the long-term side effects of their brain injury.

These individuals were also almost twice as likely to have spent time in jail or to have been arrested by police within the previous year — usually as a result of personality disturbances or impaired mental abilities as a result of a TBI. The homeless with brain injuries were almost three times more likely to be assaulted than other, similarly situated individuals.

Increased screening and condition-management assistance could help control the higher level of health care required for homeless TBI victims. Unfortunately, prospects for this kind of action remain weak in the face of more dominant health care priorities.

Perlmutter & Schuelke, LLP is one of the premier trial firms in Austin Texas. Contact a personal injury attorney by calling 512-476-4944 or learn more at http://www.civtrial.com/.

This was a wrongful-death lawsuit that arose after the death of a Philadelphia man while on a jobsite. The $17 million settlement involved the wife of the deceased worker, a father of five, killed in 2011 when a 300-pound iron hook fell on him, instantly crushing his body.

Adam Nowak had gone to work in the morning, figuring he would be home later. His family never saw him alive again. Nowak’s death was ostensibly caused by the negligent maintenance of an industrial crane that held the large hook that fell on him.

Evidence relating to the case demonstrated that the accident was not the result of a moment of inattention by the crane operator. Instead, safety records showed a history of the company not inspecting its cranes. This meant the accident was not an unforeseeable event, but instead, one that was predictable—even more so when it was also revealed the company had a similar accident in 2004 when they were told to upgrade safety limit switches. The company did not upgrade the switches.
This is consistent with many construction accident cases. Tragedies rarely happen because of one sudden event. They usually happen because the contractors involved ignore safety rules and regulations, including their own policies and procedures, and knowingly make workers take shortcuts. Construction accidents aren’t usually sudden events; they’re usually the result of long-term problems.

This case did not make it to court, as the company, Veolia Energy’s Schuylkill Steam Plant, opted to settle out of court, a step usually taken if the defendant feels their case is not strong enough to withstand the scrutiny of a jury at trial. The company and crane operator paid $15 million, and the firm contracted to repair and inspect the crane paid $1.5 million, while the general contractor for the jobsite paid $550,000.

But for the negligence of the worker’s employer, he would still be alive today.

If you have been injured on the job, make contact with a knowledgeable Austin workplace injury lawyer. Each state has its own set of rules relating to injuries on the job, and you need to know how your situation may be addressed in terms of legal compensation for any injuries sustained.

Perlmutter & Schuelke, LLP is one of the premier trial firms in Austin Texas. Contact a wrongful death attorney by calling 512-476-4944 or learn more at http://www.civtrial.com/.

The increasing number of accidents in Austin is related to the number of construction sites now actively expanding various highways, such as the project to add an express lane on MoPac. Ever since construction began, car crashes started to happen with alarming regularity.

The Austin Police Department (APD) is warning people that travel in a construction zone is at 55 mph, and not the usually posted speed, 65 mph. Be aware of any construction zones before leaving for work and watch the traffic ahead on the road. If it is moving slowly, there is usually a good reason.

MoPac is generally the one highway where people tend to put on an extra burst of cruise speed, over and above the posted limit. This tendency has resulted in a number of relatively serious crashes. Any interstate traffic is slowed down by construction reasons: There is no shoulder in a construction zone, and the speed limit is substantially lower. No shoulder means drivers have no place to go when they find themselves needing to slam on the brakes at the last minute to attempt to avoid a collision.

The $200 million expansion project, while a welcome change for harried drivers, has resulted in more people not paying attention to posted warnings relating to the construction. Drivers who do not pay attention to what they are doing while driving, whether that relates to texting while driving, or driving while distracted in other ways, are negligent. It is their duty to drive with due care and attention to everything going on around them. The minute their attention lapses, the chances of a serious or fatal accident goes up exponentially.

Even though police are stationed on MoPac, speeding is still an issue. At some point, the department plans to stop giving out warnings and start handing out tickets.

If you have been involved in a traffic accident as the result of another driver’s negligence, you may be able to obtain compensation for your injuries and losses. To initiate a personal injury lawsuit, you need to consult with an experienced Austin injury lawyer.

Perlmutter & Schuelke, LLP is one of the premier trial firms in Austin Texas. Contact a auto accident attorney by calling 512-476-4944 or learn more at http://www.civtrial.com/.

Not many think about the consequences of head injuries on the field. Many are more interested in who was tackled and what the score is, even if there was headbutting along the way. Unfortunately, this lack of concern extends to current equipment design: football helmets are not sufficiently constructed to prevent traumatic brain injuries.

Currently, TBI occurs 1.7 million times per year in the U.S., and roughly 20 percent of cases are the direct result of athletic activity. Many of these head injuries also include concussions, a precursor to long-term brain damage. Thankfully, researchers are now examining standards for a better, safer helmet — one that can withstand both linear and rotational force, the two types of dynamic forces players experience during a football game.

Existing football helmets are designed to withstand linear force, but they neglect the impact rotational force can have. Linear hits are direct, centered, frontal hits that push the head straight backwards. Helmets can blunt linear force effects to a certain extent, but they do not accommodate for rotational hits, known to cause about 40 percent of today’s sporting head injuries.

Rotational hits happen because of the round shape of a helmet. Some frontal hits bounce off the helmet’s crown. Typically, those hits slide to the side with a shearing motion, shaking the brain in the process. This phenomenon may even occur after low-impact hits. A combination of these two types of hits can cause serious head injuries and long-term cognitive problems.

Researchers in Florida are hoping to create a helmet that offers two kinds of protective chambers to cushion the skull and help the brain remain stable when hit. The proposed design layers non-Newtonian and Newtonian fluids. Non-Newtonian fluids are typically gels. Newtonian fluids include air and water. Ideally, the two layers would work together to offer protective padding and to reduce impacts to the head by absorbing the energy of a hit and distributing it evenly across the helmet’s surface.

It’s a unique concept. One layer receives the force of a hit, which compresses the fluid in that layer. Because of that layer’s compression, the fluid expands through a tube to the next layer, which acts to neutralize the force. Once pressure is removed, the protective chambers rebound to their original states (meaning, among other things, that the helmets could be used repeatedly). The new design is effective in the lab, but wider testing needs to be performed in partnership with companies interested in producing the helmets.

These helmets may also have applications for athletes in other sports, firefighters, construction workers, motorcyclists, cyclists, skateboarders and soldiers. They should be as effective for children as for adults. The protective layers are designed to be inexpensive, and they may be produced to retrofit existing helmets.

These safety developments are exciting, especially when one considers that in 2013, NFL penalty statistics reveal that each football player sustained at least one illegal hit to the neck or head in virtually every game.

Perlmutter & Schuelke, LLP is one of the premier trial firms in Austin Texas. Contact a personal injury lawyer by calling 512-476-4944 or learn more at http://www.civtrial.com/.

The defendant’s attorney has suggested that the man tried to fight off two officers during arrest. During the course of that struggle, he allegedly took possession of one of their Tasers and attempted to take a firearm. The man was facing more than six possible years in prison for kidnapping and was actively resisting arrest; according to the defense, police acted within their scope of authority to protect themselves from a perceived life-threatening attack.

The plaintiff, the man’s mother, does not believe that her son resisted arrest inappropriately. The plaintiff’s case rests on that the alleged fact that the man was handcuffed when he was shot in the chest (a fact which would belie the police’s statement that he was attacking both officers). The plaintiff’s lawyer further claims that defense’s argument is not credible. According to the plaintiff, four other individuals were in the man’s car when he was asked to pull over for the traffic stop and witnessed the ensuing events, but oddly, none of them were called to give testimony before the grand jury that dismissed the criminal charges.

The defense has indicated that a dash cam video of the incident is available, but the dead man’s family has not seen it. It is logged in as evidence to be presented at the wrongful death trial.

This is a very complex wrongful death lawsuit, and it will take time to be resolved. With or without criminal charges, questions about the incident that took a man’s life remain. If you have been in a situation like this, reach out and consult with an experienced wrongful death lawyer. You need to know what options are open to you, what the evidence reveals, how it may be interpreted and how a court may view it.

Perlmutter & Schuelke, LLP is one of the premier trial firms in Austin Texas. Contact a wrongful death attorney by calling 512-476-4944 or learn more at http://www.civtrial.com/.

Edward Acclis, Jr. is employed by Newpark Resources Incorporated in Texas. In August 2013, he was involved in a workplace accident. While on the Texas Industrial Box Company and Transportation worksite, a trucker, backing his rig up to the loading docks, pinned Acclis’ legs up against the dock. The trucker, Edward Shaw, apparently did not see Acclis as he maneuvered the vehicle.

Evidence of negligence is central to a personal injury lawsuit of this nature. In this suit, the statement of claim has suggested that the truck driver, Shaw, was negligent in his work duties: he did not pay attention to his surroundings, and, in doing so, failed to maintain proper caution. The lawsuit seeks damages of up to $200,000.

Shaw’s distracted driving may have seriously injured Acclis, but such cases are not always clear-cut. Acclis himself may have played a part, failing to maintain the proper caution in watching for the truck. Given the circumstances, the court may find that Acclis played a contributory role in his accident, and any award may be reduced accordingly.

If the court finds that he was 10 percent responsible for his accident and that the trucker was 90 percent responsible, the trucker will pay 90 percent of the total award. Acclis would then pay 10 percent in return (or, more accurately, his compensation would be reduced by 10 percent).

Perlmutter and Schuelke actually handled a very similar case several years ago. In our tragic case, the trucker backed up toward the loading dock and crushed a worker on it, killing him. We were able to show that the truck did not have required safety features that were designed to prevent this type of accident. The case quickly settled after our expert provided a deposition explaining everything that the trucking company did wrong.

Texas workplace injury law is complex. Depending on the details of the case, a worker may pursue a variety of options. Do not guess what they may be. Only a competent Austin injury lawyer ia able to get you the compensation you deserve.

Perlmutter & Schuelke, LLP is one of the premier trial firms in Austin Texas. Contact a auto accident lawyer by calling 512-476-4944 or learn more at http://www.civtrial.com/.

Wrongful death lawsuit legislation differs from state to state, but the basis of that legislation is the same no matter where the suit is filed. While the details of this case are particularly relevant to the McIlmail family in Philadelphia, stories like this can come from anywhere in the U.S., including Texas.
Families and loved ones sue to obtain compensation for a loss when that loss occurred due to the negligence of others. The plaintiffs also send a message to the perpetrators and to the public: what happened to their loved one should never happen to anyone else.

In October 2013, Sean McIImail, 26, died of an accidental drug overdose. After suffering alleged sexual abuse at Father Robert Brennan’s hands as a preteen, McIlmail struggled with substance abuse and addiction for years.

To memorialize his death and to make her own message clear to all, Sean’s mother has filed a statement of claim in the Philadelphia Common Pleas Court. She alleges that the Roman Catholic Archdiocese of Philadelphia turned a deaf ear to her sexual abuse complaints against Brennan. Allegedly, more than 20 other families also attempted to bring the matter to light, each to no avail.

The current lawsuit names not only Brennan, now 75, but also 62-year-old Monseigneur William Lynn, the man once responsible for investigating molestation complaints filed against priests. Msgr. Lynn ran run afoul of the law on a separate occasion, and he is currently serving out a prison term of three to six years for child endangerment. At Lynn’s trial, it was alleged that he actively transferred Brennan to multiple parishes, where Brennan then sexually abused preteen boys.

The McIImail lawsuit is not the only suit on the record against the Archdiocese. It is the third to highlight allegations of child sexual abuse by Brennan. Grand jury records from 2005 show his name figuring prominently in reports of child molestation in the Archdiocese of Philadelphia beginning in 1988. Charges were never laid, as the reported cases were too old to pursue. Brennan was ordered to step down from his duties and chose to retire.

Twelve years after the alleged abuse, Sean McIlmail chose to come forward and accuse Brennan in court. In September 2013, the District Attorney’s office filed multiple rape and sex-abuse charges against Brennan for allegedly abusing McIlmail, beginning in 1998 when he was an 11-year-old altar boy and lasting until he was 14. But after McIlmail’s death, the criminal charges had to be dropped.

McIImail’s death terminated the criminal case, but not wishing to let the matter rest, the family chose to file a civil wrongful death lawsuit.

Wrongful death lawsuits are never easy for the survivors of a catastrophic loss. However, a civil lawsuit makes their voices heard. It often allows families to move forward and deal with the loss, while seeking justice against defendants. For McIlmail’s family, the wrongful death lawsuit may finally prove Brennan’s egregious actions and prevent any other related deaths.

Perlmutter & Schuelke, LLP is one of the premier trial firms in Austin Texas. Contact a wrongful death attorney by calling 512-476-4944 or learn more at http://www.civtrial.com/.

Jessica Fertitta was leaving her grandparent’s home early in the morning and stopped at an intersection about a half block from their home. Suddenly, her car was ablaze. The wrongful death lawsuit alleges that the young woman’s 2001 Mitsubishi Montero inexplicably malfunctioned, causing a fire that engulfed the vehicle and resulted in her death in February of 2011. The suit seeks damages from the court for the conscious pain and suffering Fertitta experienced prior to her death, for funeral and burial costs, for mental anguish and for the loss of her companionship and society.

On-scene accident investigators suspected that the fire was accidental and that it may have been caused by a mechanical malfunction. The lawsuit asserts that Mitsubishi was responsible for the grossly negligent design and manufacturing of the flawed vehicle. The other two defendants, Smylie and Meinke, were allegedly negligent in inspecting and repairing the car, and were thus in breach of warranty.

The case is founded upon two arguments: that Fertitta’s Montero was somehow defective as a result of shoddy design and manufacturing by Mitsubishi, and that the two car care companies who serviced and inspected the defective vehicle did so negligently and in a manner that resulted in Fertitta’s death. The case will turn upon the existence of such a design flaw (or the lack thereof). It is likely that the case faces a long process before resolution in court.

Such a case involves important technical components. It will concern the inner workings of various automobiles, the way in which multiple parts are serviced and inspected and the factors technicians consider when they service a vehicle. If there is a flaw in the design of the car, a technician may not have been aware of it or may not have seen it while performing maintenance. Should there be a flaw, it may have been unknown to Mitsubishi until some unexplained event, such as this mysterious fire, triggered inquiry. An injury attorney must ensure that all avenues of explanation are probed as he or she seeks justice — and a fair and equitable outcome — for the family.

Perlmutter & Schuelke, LLP is one of the premier trial firms in Austin Texas. Contact a personal injury lawyer by calling 512-476-4944 or learn more at http://www.civtrial.com/.

Michael Sparling was training at Fort Bliss in 2011. He collapsed during a training exercise and died of a cardiac arrest. At the time, he was taking DMAA as part of his personal routine. His parents filed a wrongful death lawsuit stating that the USPlabs supplement was the cause of his sudden, unexpected death. The case was transferred to a jurisdiction in which the applicable state law would apply. In this instance, the case has been moved to Texas, even though Sparling started taking the supplement while he was in Sacramento, California. He died in Texas while still consuming the questionable product.

It is expected the defendants will argue that the young soldier’s death was the result of a training exercise or previously unknown or undiagnosed medical condition, or that Sparling died due to his own reckless, careless behavior by taking the supplement negligently and without fully vetting the product.

USPlabs LLC (the producer of the supplement) and GNC Corporations (the distributor of the supplement) are named defendants in the lawsuit, as are both operating officers of the laboratory being sued and Natural Alternatives International Inc. (Natural Alternatives granted their patent rights to another company for the component CarnoSyn (or beta-alanine), which is found in Jack3d). USPlabs has stated that the plaintiff’s contention — that the company negligently ignored the dangers of the supplement outlined in two published studies — does not make sense, since neither study was published until after Sparling’s death (they were released in 2011 and 2012, respectively).

However, if the results of those studies show that the supplement is dangerous, their date of publication will not matter in court. DMAA is rated as a stimulant with links to more than 100 illnesses and at least six deaths. However, the U.S. Food and Drug Administration has not yet concluded whether or not Jack3d contributed to the fatalities, although it has issued a warning that the supplement could dangerously elevate blood pressure and even cause a heart attack.

Prior to this lawsuit, four other servicemen’s deaths have been attributed to the use of Jack3d, at least initially. In all four cases, the supplement was ruled out by a U.S. Army and Department of Defense (DOD) safety review panel. The panel did state, however, that it was of the opinion that some personnel may be predisposed to serious consequences while using this supplement.

So, does this case have a chance at success? Providing that the jury attaches probative value and significance to the studies that indicate it to be dangerous, and to the observations on possible adverse effects made by the DOD, yes: the young soldier’s parents may well succeed in court. Trials like this one are often long and complex affairs, but it is the attorney’s job to meet the challenge and to fight for an equitable verdict.

Perlmutter & Schuelke, LLP is one of the premier trial firms in Austin Texas. Contact a wrongful death attorney by calling 512-476-4944 or learn more at http://www.civtrial.com/.

In most cases, dementia is typically linked to a degenerative brain disease. That presumption may be about to be challenged by a U.S. psychiatrist who has discovered a connection between dementia, TBI and PTSD. All signs point to war veterans having twice the normal chances of developing dementia, largely due to their exposure to head pounding sound waves from improvised explosive devices (IEDs).

The latest research is pointing to serious brain injury as being the link to an increased risk of dementia and, by extrapolation, hastening the onset of Alzheimer’s. Alzheimer’s is usually associated with the build-up of tau protein in the brain. Speculation has it that brain injuries are also precursors to tau build-up, or that the TBI is a precipitating factor in opening the door for Alzheimer’s. This observation would then be applicable to those who play contact sports and suffer a large number of serious concussions.

The group, led by Dr. Kristine Yaffe, was the first to prove that there is a connection between PTSD and a risk of developing dementia. However, they are not the only group to have come to the same conclusion.

While researchers are not certain about the precise mechanism of the detected linkages, they believe that chronic stress, such as that experienced in a battle zone, or changes within the brain, are the potential precursors to dementia/Alzheimer’s. This raises an interesting question. If PTSD were to be successfully treated, would that lower the risk of dementia?

This isn’t a question that can be answered any time soon, and most of the men and women who have TBI and/or PTSD would need to be cognitively monitored as they age. Are there solutions for coping with these diseases? Currently, while there is some progress in treating vets and sports victims with brain injuries, not much can help mitigate the ongoing battle they face every day to regain what was once a normal life.

While research is ongoing and funding is in place to address these issues, only time will weigh in with answers. Recently, there was a $60 million project, funded by the Department of Veteran’s Affairs (VA) and the Department of Defense (DOD), to track down the links between neurological degeneration and TBI. It’s a can of worms that once opened may lead to some form of assistance for those who have sustained head injuries that have robbed them of the ability to be, think and act they way they used to.

What is the connection between TBI and the law? In the sports arena, if players are not adequately informed of the risks of playing, even with a good helmet, and are repeatedly sent on to the playing field despite having sustained a concussion, and they develop dementia, the negligence of the coach and team owners come under scrutiny. Should their case win in court, they may be awarded compensation for their injuries.

Perlmutter & Schuelke, LLP is one of the premier trial firms in Austin Texas. Contact a personal injury lawyer by calling 512-476-4944 or learn more at http://www.civtrial.com/.

People are generally aware of the developmental disorder ADHD. They know it can make some individuals restless or hyperactive and typically includes a short attention span. In many situations, this can run from just aggravating to downright frustrating. However, when it comes to driving, the short attention span is a potential danger, since the driver is not able stay focused on driving.

Medications for those with ADHD are a blessing and may control symptoms, but perhaps not enough to ensure an ADHD driver can handle the normal distractions of driving. In fact, a recent study has revealed that with the usual distractions that come with driving, ADHD drivers demonstrated a higher degree of variable speeds and changed lanes more often than those without this condition.

The study utilized 61 adolescents between the ages of 16 and 17. Thirty-three of the participants did not have ADHD. There were three tests used to determine distraction levels: test one had zero distractions in place; test two involved having a chat on a cell phone; and test three required participants to text and drive. The findings of the study showed ADHD adolescents fared worse in their efforts to maintain a steady lane position and speed.

On the same note, those with traumatic brain injury may face a similar problem when it comes to driving as well. There is more going on, on the road, than we might think. Even if we take to heart the “Drive Safe” admonition many are sent off with when we go somewhere, we can never know what other drivers are contending with as they drive.

If you have been involved in an accident with a distracted driver, contact an experienced injury attorney for information on obtaining possible compensation for injuries you may have.

Perlmutter & Schuelke, LLP is one of the premier trial firms in Austin Texas. Contact a auto accident lawyer by calling 512-476-4944 or learn more at http://www.civtrial.com/.

When the nation first became aware of the issues surrounding traumatic brain injury, it was noted that is seemed to be confined to older players who had seen their fair share of bone crunching scrimmages during their career.

Then, younger players began taking their lives and a whole new can of worms opened up —- traumatic brain injury did not just affect older players, it seemed. It stalked everyone who played a contact sport, regardless of age or sex.

Recently, a 30-year-old former quarterback went missing in the woods while on a fishing trip. He was found dead, with no signs that suggested he took his own life. He had been drinking and was found lying in his own vomit. His official cause of death was pneumonia due to inhaling his body fluids.

However, the pathologist also found that chronic traumatic encephalopathy (CTE) was a contributing cause in the former player’s death. Due to the CTE, the young man was disoriented and suffering from paranoia. The amount of alcohol found in his body was rated as negligible.

In examining the deceased’s playing history, it was discovered that during his career on the field, he had only suffered one concussion. Despite sustaining a recognizable concussion, which coaching staff felt was mild, he was put back in the game and only told to come out at halftime. Further reports showed he was also vetted by a bevy of doctors who cleared him to play in further games.

The lesson is that even “mild” concussions have the capacity to seriously affect a player. When the young man was put back into game play, with a concussion, and cleared to play more games, his fate was sealed. It is time the name of the game is safety for the player and not winning at all costs – a cost that includes the destruction of a person’s normal life due to brain injury and/or their subsequent death.

For those who participate in contact sports, you need to know that if you are not thoroughly briefed on the risks of playing and sustaining traumatic brain injury (TBI), and there was negligence present, such as being put back into the game without being pulled out immediately, you have a right to sue for compensation.

Perlmutter & Schuelke, LLP is one of the premier trial firms in Austin Texas. Contact a personal injury lawyer by calling 512-476-4944 or learn more at http://www.civtrial.com/.

Five Houston workers were seriously harmed in an on-the-job accident involving a fire caused by an electrical malfunction. Eyewitness reported that they witnessed an electrical arc which caused a flash fire while five utility workers were in a building in the downtown core.

The vault the CenterPoint Energy workers were in was in the basement of the Southwestern Bell building. The vault was a repository for stored equipment to maintain underground power lines in the downtown area. The men were there to carry out routine maintenance.
In the middle of their work, something happened to cause an electrical accident, which triggered a flash fire in the underground room. The one-two combination of electrical shock and a fire critically injured one man. The other four were deemed in stable condition when they arrived at the hospital. All the men were expected to remain in the hospital for an extended period of time to be treated for their burn and smoke inhalation injuries.

There are a number of questions inherent in this scenario, not the least of which is whether or not a safety protocol was breached while the five were underground in a small, enclosed vault, working with electricity. An investigation would provide details on what caused the precursor electrical accident, which started the flash fire. Whether or not the lines were improperly maintained in the first place, or a worker was careless will be of importance in determining fault in this accident.

On-the-job injuries caused by the conduct of others, either by another worker or the employer, should be discussed with a competent Austin injury lawyer. Not all Texas companies offer workers’ compensation and how the case may proceed to obtain compensation is affected by the facts.

Injuries that occur on-the-job that were the result of negligence, either by another worker or the employer, should be discussed with a competent Austin injury lawyer. Not all Texas companies offer workers’ compensation and how the case may proceed to obtain compensation is affected by the facts.

If you have been injured on the job, make it a point to discuss your situation with an experienced injury lawyer. You may need long-term care and face enormous medical bills. It is the lawyer’s job to assist you in obtaining fair and equitable compensation to assist you in moving forward with your life and deal with your financial obligations.

Perlmutter & Schuelke, LLP is one of the premier trial firms in Austin Texas. Contact a wrongful death attorney by calling 512-476-4944 or learn more at http://www.civtrial.com/.

While the question of informed consent is a huge one when being admitted to hospital and having procedures, tests and diagnostics run, being enrolled in a medical study without consent may cross a legal line. If negligence is involved, being co-opted into a medical study could spell serious issues for the hospitals.

Boston Medical Center and the Massachusetts General Hospital have launched tests to see if giving traumatic brain injury patients progesterone as soon as possible after a head injury limits brain damage. Evidently, there are current studies that show the hormone may slow the secondary cascade of injuries that come on the heels of the initial trauma. The trial was approved by review boards at both facilities.

According to federal law, researchers in this study must obtain an okay for the patient or patient surrogate prior to giving an experimental drug. This particular trial is one of the first that relies on a 1996 exemption to study emergency treatments. Legally speaking, if something went wrong during the course of the study involving a patient that had not provided an informed consent, the exemption could face successful challenges in a lawsuit.

This study is not solely taking place in Boston. There are over 40 other hospitals in the nation also focusing on whether or not progesterone helps limit brain trauma if administered early. Researchers attempt to get consent from a victim if they are able to communicate their wishes or if their family consents. The reality is that TBI patients often come in needing immediate treatment and medical personnel cannot wait for the family to be found and may not be able to talk to the victim. This means that in an emergency, the drug would be given and an option offered to opt out of the trial later.

The fact that the researchers have provided a phone line for those wishing to opt out of the study is encouraging and a step in the right direction to address anyone’s concerns about being given an experimental drug. Again, the reality of an emergency situation may mean the drug is given anyway.

The main question in situations like this becomes whether or not the patient, or their family, would object to the possibility of a life enhancing treatment, even if it were experimental. Many may feel that any chance at all is preferable to going without treatment and facing the life altering consequences of TBI. This is not to say that treated TBI may not still change someone’s lifestyle, but the progesterone may reduce the severity of the changes.

If you find yourself in a situation like this and have objections to being given drugs without your consent, it is wise to seek the counsel of an experienced Austin personal injury lawyer. This is groundbreaking medicine that may save lives, but there are still those who would prefer not to be test subjects without knowing how a drug or procedure may affect them.

Perlmutter & Schuelke, LLP is one of the premier trial firms in Austin Texas. Contact a personal injury lawyer by calling 512-476-4944 or learn more at http://www.civtrial.com/.

The collision happened at the intersection of two rural roads. An SUV and a gas tanker collided in a ball of flames, scorching the earth around the two vehicles. None of the five teens in the SUV lived to see another day and the tanker driver was critically injured.

In the course of reconstructing the accident to determine how it happened, investigators found that the SUV driver had run a stop sign. It was a fatal error in judgement, one that put the SUV right in the path of the gas tanker. The truck slammed into the passenger’s side and the subsequent explosion and fire incinerated everyone in the SUV. The trucker, still alive when first responders arrived, was flown to the nearest burn unit.

Police at the scene and first responders noted with grim realization that yet another accident had claimed several young adults that had their whole lives yet to live. In Texas, the crash statistics show that accidents were responsible for almost one quarter of the deaths for those in the 15- to 24-year-old age range in 2010. The figures, compiled by the Centers for Disease Control and Prevention (CDC) show vehicle accidents lead the parade of teenage deaths, outstripping suicides, homicides, gunfire and accidental poisonings.

Despite the serious nature of this particular accident, the National Highway Traffic Safety Administration (NHTSA) claims traffic fatalities have been declining since 2005. Their figures indicate there were 43,510 deaths in 2005, and 32,367 in 2011. While the numbers are still high, they are apparently lower each year than they have been since 1949. In 2009, traffic accidents were deemed to be the eleventh leading cause of death in the nation.

Numbers do not reveal the faces and lives behind the accidents, nor the families left behind as a result of someone’s negligence. In this case, the driver of the SUV was negligent by running a stop sign. Five people died and one was seriously injured as a result of that decision. It would not be surprising if there were several wrongful death lawsuits and a personal injury lawsuit filed in the wake of this terrible crash.

The families of those who died need to move forward and would likely wish to send a message to other teens about the necessity of driving with due care and attention to the rules of the road. Life can change in an instant. Life can come to an end in an instant. A wrongful death lawsuit can become an effective vehicle to send that message to others. A skilled Austin injury lawyer is the voice those in grief need to deliver their concerns to others.

Perlmutter & Schuelke, LLP is one of the premier trial firms in Austin Texas. Contact a auto accident lawyer by calling 512-476-4944 or learn more at http://www.civtrial.com/.

A man who never obtained a medical degree or even a license was discovered to have worked at numerous New York hospitals. He was only outed when a five-year-old patient died after he had been seen by the fake doctor.

According to the information available, the man claimed that he graduated from a Canadian university. An investigation following the child’s death revealed that although he did attend the university he claimed he did, he did not earn enough credits to graduate. After leaving university, he then went to medical school in another location for a year, while working as a resident at a hospital in New Jersey. He was booted out of the program due to incompetence.

The fraud artist was able to secure a New York state medical license in 2007 by claiming he graduated from the Canadian university. Prior to the death of a five-year-old patient, he continued to practice in several other hospitals, including one in Ogdensburg. That sojourn ended when he left after an unnamed “unfavorable incident.”

Whatever the incident was that caused the fake doctor to leave was never mentioned or revealed to the next hospital he applied to work at, Wellsville Hospital. Federal officials tracking his lack of verifiable documentation said he was negligently dangerous by putting people’s lives in jeopardy. In addition, the man was also fraudulently received $230,000 from various health insurance entities.

This kind of trickery at the expense of innocent patients is abhorrent and the families of surviving victims, and those who died as a result of this man’s egregious actions, should consider filing a wrongful death action — a civil lawsuit to hold the man accountable for the trail of tears he left behind while holding himself out to be a medical doctor.

Should you ever find yourself in a situation like this one, or even one that has harmed you medically and/or physically, in some manner, seek the experienced legal counsel of an Austin personal injury lawyer. Justice will not be denied in cases where medical negligence is evident.

Perlmutter & Schuelke, LLP is one of the premier trial firms in Austin Texas. Contact a wrongful death attorney by calling 512-476-4944 or learn more at http://www.civtrial.com/.

We all see warning signs on the road every day, but do not always pay attention to what they mean. In fact, some ignore them completely —- until there is a nasty accident.

Consider the case of four teens who slammed into a tree because they did not pay attention to a warning sign about a treacherous road. It was one of those wrecks that neighbors in the area clearly heard. The sound of the impact reverberated through the night. By the time first responders and police made it to the scene, one teen was dead and three others were seriously injured. People in the immediate area were certain the driver missed the posted warning sign that there was no exit for the road they were on. It was a dead end —- straight into a copse of trees.

According to the safety agency that looks after signage for various roads within their purview, the warning sign that indicated the road was a dead end was new and highly reflective. However, they would consider adding another sign that indicated how much further someone could drive on the road before it ran out. Whether or not the addition of another sign will reduce the number of accidents is questionable, as the real issue is not so much the signs, but the ability of a driver to see and react to those signs.

Another question worth asking at a wrongful death trial would be whether or not the existing signage was sufficient to act as a warning, and whether or not it was obstructed by trees or other foliage, particularly if the weather was bad or it was late at night. This is certainly an approach a good injury attorney would use to obtain compensation for the deceased, or funds for those with injuries facing medical bills as they heal.

While a case such as this one may end up with fault being apportioned, particularly if the driver were texting or drinking, or under the influence of a drug, it still might result in some form of compensation for the family of the deceased teen and other three injured occupants of the wrecked vehicle.

Perlmutter & Schuelke, LLP is one of the premier trial firms in Austin Texas. Contact a auto accident lawyer by calling 512-476-4944 or learn more at http://www.civtrial.com/.

Reading the sports section of the paper is depressingly dismal, as lately it contains stories about well-known and respected athletes who are suffering from traumatic brain injury or have taken their own lives as a result of those injuries. It is dismal for a number of reasons: to know that these athletes played and were allowed to keep playing, despite their concussions, that traumatic brain injury was apparently common knowledge, even years ago, but nothing was done about it, and that these individuals are suffering, or committed suicide, as the result of the negligence of others.

Consider the case of Tom McHale, who played in the National Football League (NFL) from 1987 to 1995. He died of an overdose in 2008. Addicted to painkillers, he also struggled with severe depression. His autopsy showed traumatic brain injury. His wife decided to share the news of his autopsy with others in order to help them understand that those with brain injuries are experiencing neurological issues that are not their fault. This a major reason thousands of former football players, 4,200, or close to a third of the 12,000 players in the league, are suing the NFL.

The NFL thinks the cases should be within the purview of an arbitrator. Legal counsel thinks the cases need to be heard in federal court. Most of the cases argue that the NFL made a huge profit from the violence of the sport and chose to ignore the damage to players sustaining numerous hits to the head. Other evidence suggests the league deliberately hid what they knew about the science of neurological problems being linked to concussions.

One wonders what the league was hoping to accomplish when they set up a group of people to take a look at the correlation between these two issues. Their committee, launched in 1994 and called the Mild Traumatic Brain Injury committee, was led by a rheumatologist. Two things stand out about the committee, and the first was calling it “mild” traumatic brain injury, as if that somehow diminished its impact or consequences. It does not. The issue is that frequent hits to the head add up over time causing dementia and other problems. The second point is that the committee was led by a doctor with no particular experience with head injuries.

The bottom line is that whatever the judge hearing the arguments decides, the case(s) will be worth billions to both sides. There is a lot at stake. Former players that are still alive and fighting depression, Alzheimer’s and dementia, suggest the league was negligent is hustling them back into play after they suffered concussions. The few that do not currently have issues, want their health closely monitored. The defining issue in the argument as to where the cases should be heard is whether or not the player’s contracts clearly spell out that head trauma/injuries are workplace safety issues.

All in all, this is an issue that will not go away anytime soon. If you have young children who want to play contact sports, you might wish to rethink that. As it stands, no one knows the true risks and consequences our children take when playing them.

Perlmutter & Schuelke, LLP is one of the premier trial firms in Austin Texas. Contact a personal injury lawyer by calling 512-476-4944 or learn more at http://www.civtrial.com/.

The day of the explosion, at least 14 people lost their lives, and part of a small Texas town was obliterated. From media reports to date, it appears the plant’s owners were relying on a decades old exemption allowing them to avoid targeted workplace safety requirements and various inspections, and kept them from participating in a prevention program involving environmental officials.

The owner relied on an exemption that was nearly twenty years old, a claim the Occupational Safety and Health Administration (OSHA) vowed to investigate. By shielding the plant in the name of the stated exemption, the company was then only required to adhere to more lenient rules and regulations and ultimately, also be able to steer clear of various OSHA and Environmental Protection Agency (EPA) rules.

The implications of the company’s claim may have an impact on other businesses that store large amounts of dangerous chemicals. If what West Fertilizer states is true — that they may sell primarily to end users and thus avoid stricter regulations —- the chemical storage industry may become a horrific time bomb looking for a place to explode.

In the case of West Fertilizer, they had been sitting on 1,350 times the amount of ammonium nitrate that should have flagged them for inspection. Oversights, or legislative flaws such as this one, need to be addressed, as workers’ lives are at stake.

As it stands, the retail exemption works to allow a company an exemption from more strict regulations, provided that more than half of their sales were to end users —- such a farmers. Apparently, the OSHA does not check such claims out, unless the site is inspected.

In the meantime, thanks to loopholes build into legislation that should protect employees in workplaces such as this, people are dying. The West Fertilizer plant has not been inspected since 1985. Certainly something is wrong with that picture.

This explosion is a clear example of why workplaces should not self-designate their status to avoid government rules intended to protect workers. Workers who lost their lives in this blast or were seriously injured should speak to a skilled Austin injury lawyer to find out what their rights are and how they may obtain compensation.

Perlmutter & Schuelke, LLP is one of the premier trial firms in Austin Texas. Contact a personal injury lawyer by calling 512-476-4944 or learn more at http://www.civtrial.com/.

A recent case in West Virginia resulted in a decision by the West Virginia Supreme Court that the ex-wife of a man who lost his life in a motorcycle accident was not entitled to any proceeds from his estate.

As it turned out, the decedent’s estate was able to negotiate $300,000 on a successful wrongful death lawsuit. All of it was deemed to be paid to the man’s estate, for eventual dispersal to his heirs. The will did not make it to probate, because the man’s ex-wife said he owed her at least $50,000 for unpaid child support.

The issue was not that the man was not paying his support. He had started paying the required monthly amount in 2003. At the time he died, the children were adults and he had no further obligations to support them.

The language of the wrongful death statute in West Virginia states only an individual who was financially dependent on the deceased could file a claim to any proceeds from the estate, and that included someone who was not a relative of the deceased.

In this instance, the court decided the ex-wife was not a relative and furthermore, was not financially dependent on the man. She sent any money she did get from him in the form of child support to her adult children, keeping none back for herself. In short, the court indicated she did not need the money and therefore was not entitled to a share of the wrongful death proceeds.

In filing a wrongful death lawsuit in Texas, the plaintiff needs to know precisely what rules may apply to them. Without a clear understanding of how the Texas statute reads, the family may be surprised to find out that proceeds may have to be divided in a certain manner.

Generally, in Texas, wrongful death claims may only be brought by the surviving spouse, children and parents of the deceased. Additionally, some claims may belong to the deceased’s estate. But this West Virginia case is an example of some of the nuances that make pursuing claims so difficult.

Getting a settlement is only half the battle and you need a competent Austin wrongful death lawyer to guide you through the process.

Perlmutter & Schuelke, LLP is one of the premier trial firms in Austin Texas. Contact a wrongful death attorney by calling 512-476-4944 or learn more at http://www.civtrial.com/.

The Department of Transportation (DOT) recently issued a notice that stated emphatically that federal law prohibits the use of marijuana by truckers and that the prohibition also applies in states that allow people to use it for recreational purposes. The fact that they had to issue the notice in the first place is depressing. This should be a no-brainer. However, legally speaking, there appears to be wiggle room due to conflicting laws. In short, many states are beginning to contemplate the passage of laws allowing the use of medical marijuana. However, federal statutes against the drug’s use are still in place.

The very idea that a trucker would even contemplate smoking up and driving is distressing, but human nature being what it is, there is a likelihood of it happening, if it has not already, and chances are that it has. Contemplating an 80,000-pound semi barreling down the road being driven by an individual under the influence of marijuana is a frightening thought.

More frightening still is the need for the DOT to point blank spell out that such behavior is prohibited. In my law practice, I see the results of big rig crashes, and they are horrendous. Opening a Pandora’s Box by legally allowing smoking marijuana while driving a semi would defy all logic. Common sense may have just left the building should anyone attempt to mount such a defense.

As the DOT pointed out, state initiatives do not impact on their regulated drug testing program and they do not give permission to use Schedule I drugs, including marijuana, for any reason, which means medically recommended use will not cut the mustard as an excuse. How would this kind of a situation impact on a personal injury lawsuit or wrongful death suit? Negligence is the main factor in most lawsuits and it would be absolutely beyond the pale of negligence, if a trucker smoked marijuana and then hit the road. Despite the conflicting laws, there has to be common sense at play here.

Driving while under the influence is still driving under the influence and it is an act of supreme negligence in that it may seriously maim or kill someone. If you have been in a situation like this, you need to discuss the circumstances of the case with an experience Austin injury lawyer. The buck stops in his office and if you want justice after being involved in a crash where the trucker may have been smoking up before driving, you need an Austin injury lawyer to take the case to court and obtain the proper compensation you deserve.

Perlmutter & Schuelke, LLP is one of the premier trial firms in Austin Texas. Contact a auto accident lawyer by calling 512-476-4944 or learn more at http://www.civtrial.com/.

The Occupational Safety and Health Administration (OSHA) is deadly serious about safety in the workplace. And despite what companies may think, they do inspect and keep track of whether or not there is compliance after an inspection. In this case, not only was there no compliance, the issues kept getting worse.

This is a Texas case involving Worldwide Oilfield Division, Inc. in Houston. It was slapped with a number of penalties for eight violations (new ones), four repeat violations and one safety violation after an October 2012 inspection. OSHA inspectors discovered workers were routinely exposed to unguarded machinery, electrical hazards and other issues at the Worldwide Oilfield Division location on Cunningham Road.

The inspection cited the facility for allowing workers to run dangerous, improperly protected equipment, putting them at high risk for amputations and other serious injuries. On re-inspection, the issues had not been fixed, resulting in a higher fine of $71,200.

Conditions noted at the facility included failing to provide the proper safety guards for a variety of machines that ran the gamut from vertical and horizontal turret lathes to band saws, and failing to ensure all panels, electrical cords and boxes were securely anchored to avoid the possibility of electrocution.

In penalizing the company, OSHA noted that it is the employer’s responsibility to provide a safe workplace for all workers. Providing a safe workplace includes ensuring the equipment they work with is not dangerous and has the proper guard equipment in place to prevent serious accidents.

Aside from the fact this company is in direct violation of OSHA rules, they are potentially exposing themselves to a personal injury or wrongful death lawsuit. In the eyes of the law, if an individual is badly injured or killed while on the job, and the cause of the accident was negligence on the part of the employer, the workers have a right to worker’s compensation benefits or to sue for compensation to cover items such as medical expenses, lost wages, and medications. In this instance, the employer is negligent in not providing a secure workplace and in not addressing safety issues, even when told to do so.

If you have been in a situation like this, discuss your case with an Austin injury attorney. If you want to know what is involved in an injury case or wrongful death lawsuit, an Austin injury attorney can provide you with the answers, allowing you to make informed choices about your situation.

Perlmutter & Schuelke, LLP is one of the premier trial firms in Austin Texas. Contact a personal injury lawyer by calling 512-476-4944 or learn more at http://www.civtrial.com/.