Left turns are deadly for bikers

It’s no secret that riding a motorcycle can be dangerous. Even safety gear cannot protect against death if there is an accident and the impact is “blunt force.”

There are advantages and disadvantages about riding a motorcycle. The advantages include having a smaller vehicle, one that costs less to gas up, one that is less expensive to register, a vehicle that easy to park, the enjoyment of the wind on your face and the views you can have on a ride makes for some spectacular trips. The disadvantage to riding a bike is the kill rate when one is involved in an accident.

Some accidents are survivable, but others are not. Consider the story of a 31-year-old woman, decked out in proper safety gear, who met her death after broad-siding a pickup truck. The truck driver was attempting to make a left hand turn when he pulled out right in front of her. She had nowhere else to go, and slammed into the side of the truck. She never made it home.

While some bikers involved in accidents are the authors of their own misfortune, in a vast majority of cases where the accident involved another vehicle and a motorcycle, the fault was that of the vehicle driver. Many car and truck drivers just do not see bikers, and often cannot judge a bike’s distance and speed of arrival, even when they do see them. Unfortunately, riding a motorcycle can be deadly. The unthinkable and unpredictable can happen in an instant.

All it takes is one driver to make a left turn in front of a biker. The accident can dramatically affect the driver too, as they have to carry the knowledge with them for the rest of their lives that they seriously injured or killed someone, because they did not pay attention to everything around them.

The long and short of riding a motorcycle is that, no matter how much gear you’re packing, it may not keep you safe. The gear does prevent some injuries, and reduces the severity of others, but if a rider is ejected or slams head-on into another vehicle, the gear is only that —- gear a biker is wearing on a motorcycle.

What’s the solution for avoiding collisions with bikers for car and truck drivers? Pay attention. Pay attention, and then pay attention again. Look hard. Listen hard, and make it an unwavering rule of thumb that if you see a biker approaching, do not try to cross the road, or turn in front of them, thinking you have the time to make it. Let them pass you first. We need to drive with safety in mind —- the safety of others and the safety of the lesser seen vehicles on the road, motorcycles.

Will the dead female biker’s family file a wrongful death lawsuit? They may. To do so, they will need the assistance of an experienced Austin personal injury attorney. They will need to show that the driver of the pickup was reckless or negligent and thus caused the woman’s death. Cases like this should not be mediated or settled by insurance companies, as their bottom line it only to save money, even if someone died. Call a knowledgeable Austin personal injury lawyer.

Snow and booze do not mix

It’s tough enough driving in snowy weather without being drunk.
It’s a true miracle that the victim in this crash was able to survive with a broken arm, and not end up dead in a wreckage of twisted metal and glass. It was a cold, blustery, wintery night and a bad storm was dumping snow faster than snowplows could keep up with it.

The highway was touch and go, with limited visibility, swirling snow, drifting snow and icy patches. Those traveling on the road were moving slower than the posted speed limit, because it was the smart thing to do. And then, out of seemingly nowhere, emerging from a wall of blinding, driven snow, a 64-year-old man, driving the wrong way on the road, slammed head-on into another car.

The police asked him what he thought he was doing, to which he replied he had no idea how he even got on the highway in the first place, never mind driving the wrong way as well. The man was taken into custody and charged with operating a vehicle while under the influence, driving on the wrong way on the highway and recklessly endangering the safety of others. This collection of charges could net the drunk driver up to ten years in prison.
In this day and age, it is stunning to see people that ought to know better still drinking and driving. But to drink and then attempt to drive home in a blinding snow storm is the height of stupidity. If nothing else, this case is an object lesson for others who would think they could attempt the same thing. If you drink and drive in poor weather conditions, you end up paying the price.

The driver with the broken arm may well want to sue the drunk for compensation for his medical bills, time off work and other expenses related to the accident. While it is very fortunate he is alive, he will still face a setback in terms of being mobile for a period of time. Additionally, if there are any complications with the arm, he may face surgery and potentially rehabilitation. E.R. services for a broken arm run around $30,000 and no one has that kind of money on hand to pay bills.

To get the justice you deserve if you have been in an accident such as this one, contact a competent and skilled Austin injury lawyer. Don’t wait and think the insurance company will look after you. The only thing an insurance company looks after is themselves and trying to reduce your claim. An Austin injury lawyer knows how to deal with insurance companies looking to take advantage of accident victims.

Bobby Lee is an Austin personal injury lawyer for Lee, Gober and Reyna. If you need an Austin personal injury lawyer, contact an Austin personal injury attorney from Lee, Gober and Reyna. Visit RWLeelaw.com.

Bellwether transvaginal mesh lawsuits begin December 2013

Just about daily, more transvaginal lawsuits are filed across the nation.

The suits being filed daily are the tip of the iceberg. The massive number of complainants has prompted the judicial system to pull everything together under one umbrella; a situation referred to as mass tort litigation or multidistrict litigations. Given the number of cases and the serious injuries involved, not to mention the length of time it would take to get all the cases to trial, due to preparation time, a U.S. district judge announced that the first five bellwether trials involve defendants American Medical Systems (MDL 2325), Boston Scientific (MDL 2326), Ethicon (MDL 2327), Coloplast (MDL 2387) and C. R. Bard (MDL 2187).

Transvaginal surgical mesh, or slings, are used in the treatment of pelvic organ prolapse and stress urinary incontinence. The idea, in general, is to keep organs that are collapsing into the vaginal area in place where they are supposed to belong.

While bellwether cases typically set the trend for all other cases of a similar nature, that does not always strictly apply, as each case is based on its circumstances. For instance one California case that made it to court in July 2012, resulted in a jury verdict for $5.5 million in damages as a direct result of the Avaulta Plus sling. The early cases were thought to be an anomaly, until clear across the nation, more and more of them kept coming up. By then, patients knew they had a serious issue on their hands, and that their case was not just an isolated incident.

Almost 300,000 women were operated on in 2010 for transvaginal mesh implants, based on the glowing reports that this low risk new device would make their lives easier. That turned out to be a major fallacy, and by July 2011, the Food and Drug Administration was issuing a public warning about the slings. It seemed that just about 10 percent of the women who had this type of corrective surgery experienced devastating complications within the first year. Things went downhill from there.

What was hailed as an amazing system to help women, turned out to have the capability to severely injure them as a result of the mesh eroding into the vaginal walls, or other internal organs. The mesh also had a nasty habit of creeping out of place or protruding into the vaginal canal. The out of place mesh ended up perforating bowels, pelvic organs and blood vessels, created abdominal pressure, extreme pain and difficulty when moving, a recurrence of pelvic prolapsed, infections, bleeding, scarring, discharge, vagina shortening and urinary incontinence.

In short, women with the implants discovered that their daily living activities, such as walking, sitting, running, climbing stairs and having intercourse, became a nightmare of pain. They then discovered there was no way to correct the problem, other than a series of more operations that still did not always completely remove the mesh.
If you have had a sling implanted, and are having problems, contact an experienced Austin personal injury lawyer for help. They will make sure you get justice.

Bobby Lee is an Austin personal injury lawyer for Lee, Gober and Reyna. If you need an Austin personal injury lawyer, contact an Austin personal injury attorney from Lee, Gober and Reyna. Visit RWLeelaw.com.

First vaginal mesh lawsuit considered to be a bellwether case

The first of hundreds of defective vaginal mesh lawsuits has started in New Jersey. Plaintiffs and attorneys alike are watching it closely.

First trials, particularly when they involve class action lawsuits, are always watched closely. They are the bellwethers of things to come for other jurisdictions. While a decision in one case may result in a similar decision in another state, precedents are considered to be particularly compelling when a similar case is tried elsewhere, based on the same information.

The New Jersey lawsuit involves a 47-year-old former nurse and recipient of a vaginal mesh sling. Since the implantation, she has required 18 further surgeries and lives with non-stop pain every day. Her life has been turned inside out, she cannot work and her days are a living hell on earth. Her lawsuit seeks compensation for pain and suffering based on the fact that the mesh implant was defective and what warnings there were on the market were not adequate given the high risks of this device.

In New Jersey, close to 1,800 cases have been filed. The first one will give trial lawyers an idea of how the rest of them may go. If the first case is a success, there is the possibility that no further trials will follow. The mesh maker may choose to settle out of court for the remainder of the suits, or they may choose to battle to the bitter end. Often, if they wish to save face and money, a defendant will settle out of court, rather than risk the possibility of much higher jury awards, and with the 1,800 cases in New Jersey alone, plus others across the nation, the company could be facing a huge payout.

This particular surgery is promoted as an effective treatment for pelvic organ prolapse and stress urinary incontinence. The mesh implants were touted as a wonderful solution for these issues. While the concept was likely a good one, the execution of the concept turned out to be the stuff nightmares are made of. Thousands of women have experienced mesh erosion, punctured organs, infections and unrelenting pain. The fact is the body just does not like mesh inside, due to its chemical makeup, and tries to get rid of it. The results are never-ending complications that, in some instances, may be life-altering.

If you have had a transvaginal mesh implantation, and your story is not a happy one, reach out and call an experienced Austin injury lawyer. This treatment turned out to be worse than the condition that prompted the sling’s creation. In fact, the Food and Drug Administration says they have received over 1,000 reports of adverse reactions to the sling, which is interesting, since the warning that goes with the sling says complications are rare. Looks like reality took a bite out of that supposition.

If you are living in pain, facing more surgeries, are off work and worse now than before your operation, an Austin injury lawyer will speak for you in court to obtain compensation. Don’t wait until the statute of limitations has run out. Act now.

Bobby Lee is an Austin personal injury lawyer for Lee, Gober and Reyna. If you need an Austin personal injury lawyer, contact an Austin personal injury attorney from Lee, Gober and Reyna. Visit RWLeelaw.com.

Sedan rear-ended by semi, results in 4 injured

Accidents involving big rigs are horrendously frightening. Many victims sustain catastrophic injuries or die.
No one goes out of their way to get anywhere near a big rig on the highway as many drivers realize the dangers of traveling too close. It is always best to give them lots of room and respect. That being said, what if the shoe is on the other foot, and the trucker is driving like a fool, is texting while driving, under the influence of something or falls asleep at the wheel? The consequences are always devastating.

Consider the case of one American family tooling down the highway on the way to see friends. They could see for miles and were enjoying the scenery. Suddenly, the rear-view mirror offered a glimpse of a nightmare on wheels; an enormous semi barreling down the road and seemingly inches from their bumper. Just before impact, the car driver saw the trucker slumped over the wheel. Then, the world went black. The car driver woke up in hospital later that day, his wife and three kids had died at the scene.

Too often truckers get involved in accidents because they are not watching what they are doing. It’s incredibly easy to get distracted while in the cab of a large commercial vehicle. If they take their eyes off the road for just a split second, that second could result in a monumental wreck, as a vehicle that size, going highway speeds, travels the distance of a large football field. Anything in front of a trucker is doomed to be in a path of great destruction.

The most common causes of big rig wrecks are driving while distracted using a cell phone, GPS system, lap top, smartphone, iPad, portable TV, surfing the web on their mobile devices or dropping something on the floor. There is also driving while fatigued, as in being over the legal number of hours they are supposed to be driving, being under the influence of drugs or alcohol, speeding, poor weather and visibility conditions, aggressive driving and mechanical failures.

In short, no one can really predict when an accident will happen, and many times, it may not happen, at least not that particular day or year. Chances are though, that the more the trucker is not paying attention to his job, driving safely, the risk of having an accident goes up exponentially. When accidents happen involving large commercial vehicles, do not take the chance that an insurance company will offer you a decent settlement. The only decent settlement would be to their advantage, not yours.

If you are seriously injured and need extensive medical care, contact an experienced Austin injury lawyer. If you want compensation for your injuries, medical bills and the like, the only way to get a fair settlement or jury verdict is by having an Austin injury lawyer represent you.

Bobby Lee is an Austin personal injury lawyer for Lee, Gober and Reyna. If you need an Austin personal injury lawyer, contact an Austin personal injury attorney from Lee, Gober and Reyna. Visit RWLeelaw.com.

The Most Dangerous Thing You Can Do Is Text and Drive

This is a total no-brainer. Do not text and drive. Period.

There are three kinds of distracted driving: taking your hands off the wheel; letting your mind wander off what you are doing; and taking your eyes off the road. No matter which distraction you indulge in, and some people do all three at once, the potential to wind up seriously injured or dead looms each time you text, or go webbing while driving.

The leading cause of death on the highways these days is texting while driving; a fact which is not much of a surprise given the huge media coverage of every death by texting news story. It’s not just the media that are warning the public about the dangers of distracted driving; the Centers for Disease Control and Prevention (CDC) are also sounding alarm bells with a recent report that shows texting causing 25 percent of all accidents, injures 330,000 a year, increases your chances of a wreck by 23 times and is six times more dangerous than drunken driving.

Shocking news, isn’t it? Or perhaps not, as any right thinking American citizen realizes that taking their eyes off the road is asking for trouble. Or do they? If the CDC’s number indicate anything, they show people are not thinking about the consequences of their actions. And so, hundreds have been maimed and killed because they were texting or webbing. What is wrong with that picture? What is so important that it cannot wait and save a life?

Despite campaigns to make people aware of how dangerous texting/webbing is, year-after-year the accident statistics climb. Being perpetually connected is not necessarily a good thing, as the number of deaths and serious injuries so clearly point out. Consider this: if you take your eyes off the road for about 4.6 seconds, the time it takes to read a text message, and you’re driving at 55 mph, you have travelled the full length of a football field, of 100 yards, without seeing where you are going. Any wonder why accidents that kill happen when you drive blind?

The bottom line is that texting/webbing accidents are the second largest cause of preventable deaths today. They also cost the economy, meaning you, the taxpayers, over $100 billion yearly. If you have been in an accident where the other driver was texting or webbing, get in touch with a competent and knowledgeable Austin personal injury lawyer. You may wish to file a lawsuit to recover compensation for medical expenses, lost wages, medications and so forth.

Bobby Lee is an Austin personal injury lawyer for Lee, Gober and Reyna. If you need an Austin personal injury lawyer, contact an Austin personal injury attorney from Lee, Gober and Reyna. Visit RWLeelaw.com.

Transvaginal mesh lawsuit trials are currently underway, with more to follow

The latest statistics relating to transvaginal mass litigation show well over 400 cases pending. There are more to follow.

Trials for transvaginal mesh lawsuits started in December 2012. This whole process will likely take years to litigate, but justice is well worth waiting for in these cases, based on the number of women’s lives that have been drastically affected by this defective product.

The first of the big three consolidated lawsuits are: In re: American Medical Systems, Inc., Pelvic Repair System Products Liability Litigation (MDL No. 2325), followed by In re: Ethicon, Inc., Pelvic Repair Systems Products Liability Litigation (MDL No. 2327) and then In re: Boston Scientific Corp., Pelvic Repair Systems Products Liability Litigation (MDL No. 2326). While it is good news that these trials are currently underway, it’s a sad commentary on the greed and callous attitudes of big name Pharma, that they would knowingly make and sell a product that harmed consumers; some so badly, they will never be the same again. The beginning of these trials means justice is one step closer.

Evidence at these trials is proving to the court that since 2011, the Food and Drug Administration (FDA) knew about reported issues with the transvaginal meshes and bladder slings. The device was designed to treat pelvic organ prolapse — the result of weakened pelvic muscles that allow the pelvic organs to drop into the vagina. Ideally, the synthetic mesh/sling, implanted through the vagina, support those organs, pushing them back into place.

The FDA received multiple adverse reports about the mesh device detailing organ perforations, mesh erosion, severe pain, infections, bleeding and even death. The less severe problems included urinary incontinence, which it was supposed to help and constipation. The FDA was heard to say that serious complications with the use of this medical device were not rare. At that point, a huge red flag should have gone up for everyone, including surgeons using this product.

What is most disturbing in the extreme is the fact that transvaginal mesh kits have been an issue since at least 1999, when Boston Scientific recalled their ProteGen Sling after thousands of complaints. Then in 2006, another similar product, the ObTape, was discontinued by Mentor Corporation. For the whole sordid story, you might want to read the information here: http://www.bladderslingrecall.us.

Despite the overwhelming historical evidence that transvaginal mesh/slings were harmful and even deadly, they are still on the market today. In fact, GyneCare TVT and the Avaulta System are still on the market and still implanted on a daily basis; a fact that should concern millions of women in the U.S. today.

If you have been implanted with a mesh kit, and are experiencing problems, reach out and call a veteran Austin personal injury lawyer. There is no need to suffer and wonder how you will pay for your medical expenses, which may include more than one surgery. Consulting with an Austin personal injury lawyer will give you the information you need to make an informed decision about moving forward with a lawsuit.

Bobby Lee is an Austin personal injury lawyer for Lee, Gober and Reyna. If you need an Austin personal injury lawyer, contact an Austin personal injury attorney from Lee, Gober and Reyna. Visit RWLeelaw.com.

Transvaginal mesh lawsuits increase in number daily

There isn’t a day that goes by without another transvaginal mesh lawsuit is filed. This is one of the biggest medical device failures of the century.

In yet another case, filed in Florida, a couple is alleging that Danish medical device manufacturer, Coloplast, deliberately misrepresented the dangers of the mesh to women. By the looks of things, the cases involve allegations of permanent and severe injuries, with many of the hundreds of victims to date, seeking punitive damages, in addition to compensation for their pain and suffering.

These products are not new, and have been around since the 1990s, and were designed to treat various conditions that women experienced as a result of childbirth, menopause or a hysterectomy. The most common condition the transvaginal mesh was used to treat was pelvic organ prolapse, a condition where the pelvic organs drop into the vagina. The mesh is supposed to support the out-of-place organs. Instead, the side effects have caused seemingly never ending anguish for women, who often experience urinary incontinence, constipation and a much more serious issue, vaginal mesh erosion.

Mesh erosion happens when the product shifts, and/or punctures the vaginal tissue. This causes pain on intercourse, bleeding and other organ punctures, resulting in scarring, neuromuscular difficulties and a possible recurrence of the prolapse.

It wasn’t until 2008 that the Food and Drug Administration (FDA) issued a public health warning about this product, listing the risks associated with it, but adding serious complications were rare. By 2011, the story changed, and the FDA stated mesh erosion was not uncommon, ordering mesh manufacturers to carry out post-market safety reviews. Why this was not done in the first place, before the product got to market and wrecked havoc with women’s lives and health, is unfathomable.

The long and short of this sordid story is that transvaginal mesh products do not improve a women’s health, and may not even support the organs they are supposedly designed to support. Instead, they are being internally scarred, sustaining organ punctures and experiencing serious pain. It’s no wonder they are filing lawsuits in large numbers to recover compensation for their injuries.

Have you had a transvaginal mesh product implanted? Are you having problems with it? Call an experienced Austin injury lawyer and find out how the law can help you find justice.

Bobby Lee is an Austin personal injury lawyer for Lee, Gober and Reyna. If you need an Austin personal injury lawyer, contact an Austin personal injury attorney from Lee, Gober and Reyna. Visit RWLeelaw.com.

Failing to yield the right-of-way to a biker may have caused this fatal accident

Motorcycles are fun, compact and good on gas. They may also cause death to the rider, as in this accident.

It’s easy to commute inexpensively from one point to another when using a motorcycle. Certainly they handle well and go places that regular vehicles cannot. However, that same versatility is often the reason for the serious injury, or death, of a biker when hit by a car.

Consider an accident that involved an SUV heading south on the freeway, and a biker, heading north. The SUV went to make a left turn, and the biker had no place else to go. He hit the side of the SUV, and due to the force of the impact, the bike kept moving, slamming into another car, before coming to a stop on a side avenue. The biker was ejected onto the sidewalk, and pronounced dead at the scene.

From the evidence, it looks like failing to yield the right of way may have been an issue in this crash. However, further investigation is needed to determine if anything else was going on at the time of the accident. For instance, was the SUV driver texting while attempting to make a left hand turn? Driving under the influence? Driving while distracted? While any of these factors may have caused the collision, knowing that will not bring the man back, but it may be enough knowledge for the family of the deceased to file a wrongful death lawsuit.

In accidents like this, even with a helmet, often the bodily injuries incurred are fatal, simply because the rider and/or passenger have no other protection, such as the frame of a car to protect them. Bone fractures, traumatic brain injuries, a crushed pelvis, and amputations are common. If a biker survives, they may need medical care for the rest of their lives. They certainly are entitled to file a personal injury lawsuit seeking compensation for lost wages, medical expenses, rehabilitation and drugs, if not their permanent medical care for the future.

In cases like this, the family needs to speak to competent Austin injury counsel, to find out what their legal rights are, and what to expect, should they file a wrongful death lawsuit. Never take the word of an insurance company for anything is someone you loved has been killed in a motorcycle crash. They only want to reduce or deny your claim and despite what they say about wanting to help you and your family, their real agenda is to minimize their losses. Stick to your guns and call an Austin injury lawyer for help.

Bobby Lee is an Austin personal injury lawyer for Lee, Gober and Reyna. If you need an Austin personal injury lawyer, contact an Austin personal injury attorney from Lee, Gober and Reyna. Visit RWLeelaw.com.

Impatient Driver Ends Up Underriding A Semi

One of the worst accidents on the road is a car “underriding” a semi. It is gruesome.

In a hurry to get to where you’re going? Slow down when you’re on the highway. This man didn’t and ended up dead underneath a semi-truck.

The two vehicles involved in this fatal collision were heading east on the highway. One vehicle was a fully loaded semi, weighing about 80,000 pounds. The other vehicle was a Toyota, weighing about 4,000 pounds or less. According to eye witness reports garnered by the police after the wreck, the semi driver was taking his time, and almost dawdling along in the commuter lane.

The Toyota driver was in a tear to get to where he was going, perhaps unimpressed by the speed of the truck. In order to try and get ahead and get around the semi, the Toyota merged behind it in the commuter lane. Seriously underestimating his speed and the amount of room in which to accelerate, the driver drove his car under the semi. When accidents like that happen, the occupants of the car are lucky if they survive without life-threatening injuries. In many cases, underriders are decapitated.

The Toyota driver did make it out of the crash alive and was taken to the hospital with an extremely serious head laceration and a broken clavicle. The front seat passenger sustained hip and chest injuries. The backseat passenger was pronounced dead at the scene.

There are a number of other questions that need to be answered in this case. For instance, was the Toyota driver also driving while distracted? Texting? Horsing around with his passengers? Speeding? Talking on a cell phone? It appears that he was not driving while under the influence of drugs or alcohol, but was still driving negligently given the circumstances. You just don’t mess with a semi. You follow the rules of the road and drive with due care and attention.

The passengers in the Toyota would definitely be able to file injury lawsuits. In the case of the front seat passenger, it would be a personal injury lawsuit seeking compensation for medical expenses. In the case of the deceased backseat passenger, the family would most likely file a wrongful death lawsuit. In both lawsuits, negligence needs to be present. Without a doubt the Toyota driver was negligent in driving in such a manner as to end up under a semi.

Bobby Lee is an Austin personal injury lawyer for Lee, Gober and Reyna. If you need an Austin personal injury lawyer, contact an Austin personal injury attorney from Lee, Gober and Reyna. Visit RWLeelaw.com.

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