Attorney Blog

Teen Driver Survey Reveals Teens Still Engaging in Distracted Driving

Fri, 18 May 2012 08:00:00 EST

A new survey conducted by AT&T has revealed that teens are still engaging in distracted driving, leading to injurious and even fatal distracted driving accidents.

Teens Recognize Distracted Driving Dangers
In the study of 1,200 teens ages 15 to 19 years old, researchers found that teens know the dangers of texting while driving and other phone use while driving, but that more than 40 percent of those teens still chose to text while driving.

Of the teens surveyed, the majority said they thought texting while at a red light was somewhat dangerous, while 25 percent found it was not dangerous at all. Of the teen drivers surveyed 60 percent admitted to texting while sitting at a red light.

Risky Teen Driving Behavior
Even if teen drivers do not text and drive, the temptation to look at their phones while driving is still strong. The majority of teen drivers surveyed admitted that they glance at their phones while driving to check text messages, Facebook, or their email.

In other studies, teen drivers have admitted to speeding, driving under the influence, and being distracted by other teens while driving. In fact, a recent study released earlier this month found that the risk of a fatal teen car accident increases as the number of teen passengers in the car goes up.

Do Your Teen’s Friends Drive Distracted?
The survey conducted by AT&T uncovered disturbing data that indicates the distracted driving epidemic is more widespread among teens than previously thought. In the survey, the majority of teens said that they have seen their friends text and drive either often, occasionally, or at least once or twice.

More teens admitted that they have seen their friends text while at a red light. An estimated three fourths of teens say their friends often text and drive. The survey found that teens are more likely to admit their friends’ tendency to text and drive rather than their own.

Why are Teen Drivers So Distracted?
More than 70 percent of all teens have a smartphone on which they can send and receive text messages, emails, instant messages, and engage with their friends on social networks. Almost half of all teens send anywhere between 21 and 100 text messages each day, some more than 100 text messages.

Perhaps most disturbing is a teen’s need for immediate feedback. Nearly 90 percent of teens expect to receive a reply to a text or email within five minutes. This need for immediate feedback places pressure on teens to engage in distracted driving, putting themselves and others on the road in danger.

For more information on distracted driving accidents and how to prevent them, download my ebook Distracted to Death: Stop Distracted Driving and Save Lives at www.vanweylaw.com. To end your own distractions in the car, take the Just Put It Down Pledge to end distracted driving at www.justputitdown.com.

Distracted Driving Accident: Could You Be Liable for Sending a Text to Someone Who is Driving?

Thu, 17 May 2012 08:00:00 EST

A distracted driving accident can lead to serious, life-threatening injuries in a matter of seconds. The Kuberts of New Jersey experienced this when they were struck by a distracted teen driver.

Distracted Driving Accidents Cause Serious, Sometimes Fatal Injuries
In 2009, the Kuberts were hit by 19 year-old Kyle Best who was replying to a text sent by Shannon Colonna. Taking his eyes off the road to reply to the text, Best drifted into oncoming traffic, hitting the Kuberts who were riding their motorcycle.

The accident not only highlighted that motorcyclists can suffer life-threatening injuries, but also showed the destruction of distracted driving. The Kuberts each lost their left legs in the accident. Disabled from their injuries, the Kuberts brought a lawsuit against Best and Colonna. If Colonna is found liable for the Kuberts’ injuries, the case could set the precedent for others injured by distracted drivers to bring lawsuits against the sender of text messages to drivers also.

Distracted Driving Accidents Require Proof of Negligence
The attorney for the Kuberts has argued that even though Colonna was not physically present at the accident, she was electronically present and knew or should have known that Best was driving when she sent him the text message. Colonna’s attorney has argued that she should not be a defendant in the lawsuit because she owed no legal duty of care, which is an element required to prove negligence.

Best has already been held criminally liable for distracted driving contributing to the accident. As part of his punishment, he was required to pay $775 in fines and to speak at local high schools about the dangers of distracted driving.

Will Texters “Electronically Present”’ be Held Liable for Distracted Driving Accidents?
The judge in the Kuberts’ lawsuit is expected to rule on whether Colonna can be held liable for contributing to the Kuberts’ injuries later this month. Because this is a case of first impression in the United States, legal experts believe the case may set the precedent for other courts to find liability on the part of texters who send messages to drivers.

Colonna’s lawyer argues that she had no way of knowing Best would read the text while he was driving, and that therefore, she should not be held liable for the Kuberts’ injuries.

Distracted Driving Accidents Continue to Injure and Kill
Even though people are acknowledging the dangers of distracted driving, they continue to drive distracted, thinking they will never be involved in a distracted driving accident. The statistics on distracted driving show that this is simply not true and that anyone can fall victim to distracted driving.

While some states have enacted laws against texting and driving or using a cell phone while driving, this is simply not enough to stop distracted driving and prevent accidents. More people need to understand that they are not invincible and that they too can be seriously injured or even killed in a distracted driving accident.

You can put an end to your distracted driving today by taking the Just Put it Down Pledge at www.justputitdown.com. And when you take the Pledge, Van Wey Law will send you a free gift to remind you not to drive distracted.

To learn more about distracted driving, download Kay L. Van Wey’s free ebook Distracted to Death: Stop Distracted Driving and Save Lives at www.vanweylaw.com.

Teen Distracted Driving Causes Pedestrian Death

Wed, 16 May 2012 08:00:00 EST

A teen driver has been charged with negligent homicide after driving distracted and hitting a pedestrian on a Connecticut road. This recent distracted driving accident highlights the need to educate teens and prevent teen distracted driving.

Pedestrian Killed by Distracted Driver
At the time the teen was driving, she was using a handheld phone and having a difficult time keeping her lane. Police say they have evidence that the girl was using the keypad on the phone before hitting the man. The impact of the teen girl's SUV killed the 44 year-old man who had been jogging.
“We tried to convey just how this incident illustrates how dangerous it is to be distracted while driving a 3,500-pound vehicle 35 to 40 mph. You need to focus all your attention on what you’re doing. It only takes a second to swerve a few feet. Everyone should look at this and learn from it,” said Norwalk Police Chief Harry Rilling.

Distracted Driving Laws
Connecticut and Texas ban the use of hand-held wireless communication devices for drivers who carry learner’s permits. Unlike Texas, Connecticut also bans the use of all hand-held devices while driving, which is a complete ban against distracted driving. Texas lags behind 38 other states that have completely banned texting while driving for all drivers.
In Connecticut, any teen driver caught violating the cellphone restriction could face a license suspension of 30 days and a $175 fee for the first offense. But where a teen driver hits and kills a pedestrian because she is driving distracted, the teen can certainly expect to face a much more stringent punishment. Under Connecticut law, the teen has been charged with negligent homicide with a motor vehicle, and if convicted, could serve as many as six months in jail.
This tragic event has given proponents of distracted driving laws more fuel for their cause, arguing that distracted driving laws need to carry more stringent penalties so that drivers will be deterred from driving distracted.
National Distracted Driving Ban
U.S. Department of Transportation Secretary Ray LaHood has called on lawmakers to pass a national ban on the use of hand-held devices while driving. LaHood has been a strong proponent of cell phone bans, saying “Everyone has a cell phone and too many of us think it is OK to talk on our phones while we are driving.”
The National Transportation Safety Board has also called for a national cell phone ban to prevent the high number of fatal distracted driving accidents.
Pledge to End Distracted Driving
Van Wey Law understands how difficult it can be to put the phone down while driving. But putting the phone down can be the difference between saving a life and being involved in a distracted driving accident.
To help you end your own distractions while driving, Van Wey Law has launched www.justputitdown.com, a community service website to end distracted driving in the Dallas-Fort Worth Community. Take the Just Put It Down Pledge today and receive a free gift.

Teen Driving Accident: What Parents Need to Know

Mon, 14 May 2012 08:00:00 EST

The statistics on distracted driving show that teen drivers are more likely to drive distracted and to be involved in a teen driving accident. But a new survey shows teens may be driving distracted because their parents also drive distracted.

Teen Distracted Driving Survey
In a recent survey of 2,000 teen drivers conducted by Teens Drive Smart, nearly two-thirds of teens believe that they are “very safe” drivers because they have not received a ticket and have not been in an accident. Yet, those surveyed also found that texting while driving and talking on a phone while driving are less dangerous than drinking and driving. Experts say this is simply not true, as texting while driving equates to having a blood alcohol concentration of at least .08 percent.
Even more importantly, teens are still texting while behind the wheel, even though they recognize the dangers of texting and driving. Nearly one-third of those teens surveyed admitted to reading texts while driving on occasion, and one-fifth admitted to typing texts while driving on occasion. The survey analysts found that although teens have seen the destruction distracted driving can cause, most teens still do not believe they are at risk for being involved in a Texas distracted driving accident.
“This age group does not believe they are at risk,” says Teens Drive Smart manager Angela Patterson.
Experts have found that teen girls are more likely to drive distracted than teen boys. Teen car accidents are the leading cause of death for this age group, and distracted driving contributes to thousands of teen deaths each year.
Preventing Your Teen from Driving Distracted
The Teens Drive Smart survey also found that teens view distracted driving as less dangerous because their parents often engage in distracted driving. In other words, parents are setting the model for how their teens drive, and if parents drive distracted, then their teens are more likely to drive distracted also. “They are learning bad habits from us,” says Patterson.
Experts say that teens need to understand the dangers of distracted driving well before they even start driving. Parents should not only have a conversation with their teens about good driving behavior, but should also model that driving behavior.
And even though Texas does not have a law banning texting and driving for all drivers, teens and new drivers are banned from using handheld communication devices while driving. Both parents and teens need to know the driving laws where they live.
Texas Distracted Driving Accident
Unfortunately, both teen drivers and experienced drivers continue to take risks and drive distracted. To help end your own distractions in the car, take the Just Put It Down pledge to end distracted driving today at www.justputitdown.com. Have your teen take the pledge also and prevent a teen driving accident.

Illegal search and seizure in Texas DUI cases

Fri, 11 May 2012 08:00:00 EST

Knowing your rights in any encounters with the police and with regards to your personal property is always helpful. In Texas DUI cases, charges may be dropped if a search and seizure was done illegally.

What is a Search and Seizure?
The term “search and seizure” is derived from the Fourth Amendment to the U.S. Constitution. Persons are protected from intrusion of their persons, homes, businesses, and property when there is no probable cause necessitating these intrusions. These protections also prohibit police from searching places in which you have a “legitimate expectation of privacy,” which includes a person’s self, clothing, purse, and vehicle.

When is a Search and Seizure Legal?
For a search and seizure to be done legally, a search warrant must be issued, or an officer must have probable cause or a reasonable suspicion he will find something illegal. If you were pulled over for a cracked taillight, it would be difficult for a police officer to justify searching your vehicle.

However, if he or she sees a beer can or drug paraphernalia on the floor of the car, all bets are off. “Legitimate expectation of privacy” no longer applies if something like that is in plain view.

A police officer can always ask to search your car. If you give your permission, then it’s legal, even if there is no probable cause. Never give your consent to the police to search your vehicle.

Here are several scenarios that make it legal for a police officer to perform a search and seizure in a DUI case:

Use information or tips from a witness to justify probable cause.
Search your person or immediate surroundings when placing you under arrest.
Perform a search and seizure of property that is exposed and in plain view, meaning there were no expectations of privacy.
Search your vehicle with your consent—freely and voluntarily given.

What if I Believe the Search and Seizure was Illegal?
If you believe you’ve been subjected to an illegal search and seizure in a Texas DUI situation, you should contact an experienced Texas DUI attorney to protect your rights. Contact experienced Texas DUI attorney Kay Van Wey today at (214) 329-1350 today for a free initial consultation.

How to Prevent Your Teen from Being Involved in a Texas Distracted Driving Accident

Fri, 11 May 2012 08:00:00 EST

With summer coming up, more newly licensed teens will be taking to the roads for a carefree summer. But a Texas distracted driving accident could change those plans if a teen is not careful.

For teen drivers and their passengers, summer is the deadliest time of year. On average about 422 teens each summer month will be involved in a fatal car accident, compared to an average of 363 teens each month during other times of the year.

Distracted Driving Accident Statistics
In 2011, an estimated 81,000 distracted driving accidents occurred on Texas roads. Of those accidents, 361 claimed the life of a driver or passenger. Throughout the nation, more than 400,000 people are estimated to be involved in distracted driving accidents, many of whom will be seriously injured or even killed.

The Texas Department of Transportation (TxDOT) has started a new campaign to stop distracted driving. The campaign is simply “Talk. Text. Crash.” Penny Mason, a spokeswoman for TxDOT, says many drivers are still not getting the message that texting and driving is dangerous. “A lot of drivers overwhelmingly believe that using an electronic device while driving doesn’t affect their performance,” says Mason.

TxDOT hopes that this campaign against distracted driving will be as successful as the “Click It or Ticket” campaign was for seat belt use.

Talk with Your Teen about the Risks of Distracted Driving
Today, teens can’t get enough of their cell phones. Whether they are texting or surfing the Internet, teens are especially likely to be involved in a distracted driving accident. But cell phones aren’t the only driving distraction that can be harmful to teens.

Newly released data shows that other teen passengers in the car also pose a danger and increase the risk that the teens will be involved in a fatal distracted driving accident. The study, conducted by AAA between 2007 and 2010, found that teens who drive with another passenger under the age of 21 have a 44 percent increased risk of losing their life in a fatal Texas car accident. And as more teens pile in the car, a summer drive is more likely to result in a fatal Texas car accident.

Texas Car Accident Attorney’s 3 Tips for Not Driving Distracted
So what can parents to do reduce the risk that their teen will be involved in a fatal distracted driving accident?

Talk with your teen driver about distracted driving risks and consequences. The more your teen knows about the dangers of distracted driving, the less likely he or she will be to take the risk. To help your teen driver understand the severity of distracted driving, have him or her take the Just Put It Down Pledge at www.justputitdown.com today. Van Wey Law will send you a free gift with your pledge, encouraging you to end distracted driving.
Limit the number of people under 21 that your teen may drive with. The fewer teens in the car, the better; this is sometimes required under the law, depending on where you live. In Texas, for instance, drivers with learners’ licenses cannot drive without an adult over the age of 21 present in the car.
Be a good driving role model. Set the example for your teen driver and don’t use your phone while driving. Following your own rules will show your teen that you believe in what you are saying. To help you remember not to use your phone while driving, take the Just Put It Down Pledge with your teen.

Unfortunately, drivers everywhere continue to drive distracted. If you or a loved one has been injured in a Texas distracted driving accident, call experienced accident attorney Kay L. Van Wey today at (214) 329-1350 or (800) 489-5082 to learn more about your legal rights.

Kay Van Wey has written a book about distracted driving. Download your free copy of Distracted to Death: Stop Distracted Driving and Save Lives today.

Pradaxa Internal Bleeding: Study Finds Warfarin May Be Safer

Mon, 07 May 2012 08:00:00 EST

The preliminary data from a study examining Pradaxa and Warfarin has shown that a higher rate of complications is associated with Pradaxa internal bleeding. Pradaxa, generic name Dabigatran, has been linked to an estimated 459 deaths due to internal bleeding and other complications.

Pradaxa Side Effects Occur in Short-Term Treatment
The recent Pradaxa study “Dabigatran in the Real World” was conducted by anticoagulation expert and Chief Medical Officer of Standing Stone, Inc., Dr. Mark Wurster. The study was conducted on 2,200 patients taking oral anticoagulants. Those patients were followed while taking Warfarin for six months, then switched to Pradaxa and followed for another six months.

One of the patients on Warfarin was hospitalized with Warfarin toxicity, but no other dangerous side effects were reported. Among the Pradaxa side effects found were internal bleeding, treatment-related death, thrombosis, and other adverse events requiring the patient to discontinue Pradaxa use. Of 113 patients who produced evaluable data, one adverse Pradaxa side effect resulted in death due to gastrointestinal bleeding. Four others experienced bleeding episodes, including gastrointestinal bleeding and intracranial hemorrhage, and still others experienced deep vein thrombosis, atrial thrombus, and gastrointestinal side effects.

The preliminary results of the study were presented at the 2012 Thrombosis and Hemostasis Summit of North America. “This is the largest series to date that examines how dabigatran is being administered in real-world settings, and I think our findings illustrate some areas of concern with respect to new agents for anticoagulation therapy,” said Dr. Wurster.

Pradaxa Maker Ignores Lack of Pradaxa Antidote
Rather than address the Pradaxa internal bleeding risk, Pradaxa manufacturer Boehringer Ingelheim is focusing on understanding non-valvular atrial fibrillation, which is the condition Pradaxa treats. And Boehringer Ingelheim’s focus had helped boost its profits. In 2011, the company reported net sales of $17.4 billion, an increase of 6.2 percent from the previous year, which had reported net sales of $16.6 billion.

In 2011 alone, Pradaxa added to Boehringer Ingelheim’s net sales by $829 million. In a statement released by the company, a spokesman said “The launch of Pradaxa is among the most successful market introductions in the pharmaceutical industry in the past few years.”

One of the biggest criticisms of Pradaxa is that it does not have an antidote to stop internal bleeding like Warfarin does. With Warfarin, internal bleeding can be reversed with Vitamin K. But with Pradaxa, doctors have not yet found a viable antidote to reverse internal bleeding.

If you or a loved one experienced Pradaxa internal bleeding, you may be entitled to compensation for your injuries. Call experienced Dallas Pradaxa attorney Kay Van Wey today at (214) 329-1350 or (800) 489-5082 for a free consultation.

Transvaginal Mesh Litigation Update

Mon, 07 May 2012 08:00:00 EST

Transvaginal mesh lawsuits have been filed against several manufacturers across the country. Fast-tracked through the U.S. Food & Drug Administration’s (FDA) medical device review process, transvaginal mesh has been implanted in thousands of women, many of whom have experienced serious injuries and complications from the mesh.

First Transvaginal Mesh Lawsuits Going Forward
Transvaginal mesh lawsuits filed by women who were injured by mesh manufactured by C.R. Bard Inc., Boston Scientific Corp, and Johnson & Johnson have been set for trial next February. Consolidated in U.S. District Court in Charleston, West Virginia, more than 600 cases have been filed against the manufacturers, claiming that transvaginal mesh caused serious and painful organ damage.

U.S. District Judge Joseph R. Goodwin will be overseeing the trials, which will begin February 5, 2012. Bard is a unit of Johnson & Johnson, which has had many product safety concerns over the years. Hundreds of other trials have been filed in state courts across the United States.

Congressional Report Highlights Dangerous Transvaginal Mesh Injuries
In a Congressional Report by Representative Edward J. Markey of Massachusetts, transvaginal mesh is highlighted as a seriously defective medical device. Used to treat pelvic organ prolapse, transvaginal mesh is implanted to reinforce tissue that has become weakened or stretched, usually due to childbirth or age.

Because the FDA deemed the first transvaginal mesh as “substantially equivalent” to another mesh product already on the market, the FDA quickly approved transvaginal mesh as a viable treatment option for pelvic organ prolapse.

Yet shortly after receiving the implants, women began to experience severe pain, complications, and infections that required several subsequent surgeries. For some women, even having multiple surgeries will not correct the problem. The first transvaginal mesh was introduced in 1997, but it wasn’t until 2011 that the FDA issued a safety communication for medical devices that have been used in thousands of women.

FDA Orders Additional Transvaginal Mesh Studies
The FDA has ordered 31 transvaginal mesh manufacturers to conduct additional studies to determine the risks associated with transvaginal mesh side effects. Based on the FDA’s order, the medical device companies have to study the safety and effectiveness of transvaginal mesh for a period of three years.

Meanwhile, dedicated trial attorneys across the nation have filed lawsuits on behalf of victims injured by transvaginal mesh. In the process, they are attempting to change the way medical devices like transvaginal mesh are evaluated before becoming available on the market.

If you or a loved one was injured by a transvaginal mesh implant, you may be able to file a transvaginal mesh lawsuit to receive compensation for your injuries. Call experienced Dallas transvaginal mesh attorney Kay Van Wey today at (214) 329-1350 or (800) 489-5082 to speak with a compassionate female attorney who understands what you are going through and can help you better understand your legal rights.

Actos Bladder Cancer: Health Canada Updates Actos Cancer Risk

Fri, 04 May 2012 08:00:00 EST

Health Canada has required Takeda Pharmaceuticals to add a new warning about Actos bladder cancer on the drug’s label. The update comes as research from a 10 year study reveals the cancer risk is high.

Actos Study Finds High Bladder Cancer Risk
Takeda Pharmaceuticals is currently conducting a 10 year study to examine the risk that a patient will develop bladder cancer while taking Actos. Although the study will not be completed until late 2012, with final results to be out by 2013, already released data shows an increased risk of bladder cancer.
Health Canada, a public health regulation body, noted in its announcement that about 7 out of every 10,000 people develop bladder cancer, while 10 out of every 10,000 Actos users develop bladder cancer. So far, the study has revealed that patients taking high doses of Actos for a year or longer have an increased risk of developing bladder cancer, although Health Canada has said that the risk is great with short-term use of Actos as well.
Actos Bladder Cancer: Canadian Doctors Have Already Stopped Prescribing Actos
Despite the label change being required on Actos in Canada, doctors in Ontario say that they have mostly stopped prescribing the drug to patients. In fact, in Ontario, Actos has been moved to the “exceptional access” list, meaning a patient cannot be prescribed Actos, unless the patient has prior approval. Doctors have cited the risk of Actos bladder cancer as the main reason for taking patients off the drug, noting that alternatives are available that are much safer.
Dr. David Juurlink, the head of Clinical Pharmacology at the University of Toronto, said that he has stopped prescribing Actos to patients because of the increased risk of bladder cancer. “I personally would not be comfortable using it as a long-term therapy because bladder cancer is . . . not something that’s reversible,” he said.
Actos Banned in France and Germany
Due to Actos’ ability to increase a patient’s risk of developing bladder cancer, regulators in both France and Germany have already pulled the drug from the market. Meanwhile, the U.S. Food and Drug Administration (FDA) is studying Actos side effects to determine if it should also take the drug off the U.S. market. While Actos is not being banned in Canada, regulators believe the new warning will sharply restrict the number of prescriptions written for Actos.
Actos Side Effects Hidden from Public
Some of the lawsuits that have already been filed in the United States against Takeda allege that Takeda knew about the Actos bladder cancer risk and tried to hide it to increase profits. A whistleblower lawsuit against the company alleges that Takeda told its employees not to report unfavorable data linking Actos to bladder cancer.
If you or a loved one developed bladder cancer while taking or after taking Actos, you may be entitled to compensation for your injuries. Call experienced Dallas Actos bladder cancer attorney Kay Van Wey today at (214) 329-1350 or (800) 489-5082 for a free consultation and to learn more about your legal rights.

Dallas DUI Attorney Explains What Not to Do When Being Pulled Over

Mon, 23 Apr 2012 08:00:00 EST

Even after having just one drink, you could be pulled over on suspicion of driving under the influence (DUI). Dallas DUI attorney Kay Van Wey has tips for you to handle the situation.

Pulled over by a police officer?
You would do well to bite your tongue.

If you’re pulled over by a police officer, it can be an anxiety-inducing situation. Gather yourself, stay in your car, don’t go rummaging for anything, and guard your tongue, tone, and attitude when the police officer talks to you.

Speaking of conversation, always let the police officer initiate it. If you decide to kick things off with a defensive “What’s the problem?” it won’t help your cause. The police officer will usually ask for your license and registration; comply with this request immediately. Amazingly, many people demand to know why they were pulled over before they’ll cooperate. Don’t make that mistake.

Police officers learn in police academy to determine before they exit their car whether they’re going to issue a ticket or just a warning. Don’t be fooled if they seem to be open-minded about not giving you a ticket if only you’ll be more forthcoming with additional information. They might be trying to extract admissions that can be used against you in court if it comes to that (e.g., admitting to a violation, or that you don’t know if you committed one because of carelessness or negligence).

If you are asked if you know why you were pulled over, reply “no.” If you hazard a guess, it’s often seen as acknowledging guilt. No need to be chatty. If the officer tells you how fast you were going and you disagree, don’t argue. In fact, silence in this case is golden.

Police officers are public servants charged with safeguarding the welfare of society at large. Be polite and respectful in your interaction with them. They’re not the enemy; however, they do sometimes make mistakes. And when they do, you need to do everything you can to protect your own interests.

Knowing how to handle any situation in which you get pulled over by a police officer could help you in a subsequent case against you, whether you were stopped for a traffic violation or on suspicion of DUI. If you have been charged with DUI, call experienced Dallas DUI attorney Kay Van Wey today at (214) 329-1350 or (800) 489-5082 to learn more about your legal rights.

Texas Motorcycle Accident: Look Twice Campaign to Save Lives

Sat, 21 Apr 2012 08:00:00 EST

In an effort to save lives, the Texas Department of Transportation (TxDOT) has launched “Look Twice,” a campaign to remind drivers to look twice for motorcycles when at intersections and when changing lanes. The agency hopes that the campaign will reduce the number of dangerous Texas motorcycle accidents.

Texas Motorcycle Accident Statistics
In 2011, an estimated 470 motorcyclists and motorcycle passengers died in Texas motorcycle accidents, an increase of 41 deaths from 2010. Those fatalities accounted for an estimated 16 percent of all of Texas’s traffic fatalities. TxDOT says in half of those fatal motorcycle accidents, the driver never saw the motorcycle.

The statistics show a harsh reality that as more people choose to ride motorcycles, more people are also dying in motorcycle accidents. The number of people killed in Texas motorcycle accidents in 2000 was 196, and today that number has more than doubled.

Because of their small size, drivers often do not see motorcyclists and are unable to react in time to prevent a collision with a motorcyclist. Unfortunately for the motorcyclists and their passengers, an estimated 87 percent of motorcycle crash injuries are fatal. Compared to car drivers, motorcyclists are five times more likely to be injured in a crash and are 25 times more likely to die in an accident.

Preventing a Texas Motorcycle Accident: Look Twice, Save a Life
As part of the Look Twice Campaign, billboards and public service announcements will be urging drivers to look for motorcyclists and use care when changing lanes and crossing intersections—two places where motorcycle accidents commonly occur. In motorcycle accidents involving cars, nearly half of the fatalities occurred when the car turned left in front of an oncoming motorcyclist.

TxDOT said it started the new public service campaign because motorcyclists are dying in “record numbers.” The Texas Transportation Institute projects that if drivers do not use more caution in looking for motorcyclists, then the number of motorcyclist deaths due to collisions with cars could double by 2015, as motorcycles and scooters become more popular due to rising gas prices. In fact, the number of motorcycles in Texas has more than doubled in the past decade to more than 420,000 and is expected to be as high as 800,000 in the next few years.

Texas Motorcycle Accident Injuries
Van Wey Law understands how difficult and painful motorcycle accident injuries can be. If you or a loved one has been injured in a Texas motorcycle accident, you may find the following articles helpful:

Please do not hesitate to call the experienced Texas motorcycle accident attorneys at Van Wey Law at (214) 329-1350 or (800) 489-5082 if you have any questions regarding a motorcycle accident injury you or your loved one suffered.

Pradaxa Bleeding Caused More Patient Deaths in 2011, According to ISMP Report

Wed, 18 Apr 2012 08:00:00 EST

A new report issued by the Institute for Safe Medication Practices (ISMP) concludes that Pradaxa bleeding events may have caused as many as 117 deaths between April 2011 and June 2011 alone.

Pradaxa Bleeding Harms Elderly Patients
Pradaxa is a new generation anticoagulant used to treat atrial fibrillation, a heart condition that is commonly found in elderly patients and that causes the heart to beat irregularly. In a class of medications known as thrombin inhibitors, Pradaxa has been marketed as a better alternative to Warfarin, an anticoagulant that requires frequent blood tests and adjusted doses. Pradaxa, on the other hand, does not require doctors to test patients’ blood as frequently and goes to work immediately.

Pradaxa prevents dangerous blood clots, which can lead to stroke. Unfortunately, Pradaxa also causes major bleeding events in which patients who suffer minor trauma, such as a fall, experience uncontrollable bleeding. Doctors can do little to help patients who experience Pradaxa hemorrhaging because Pradaxa has no known antidote. Additionally, Pradaxa patients are not monitored with frequent blood tests, so patients may be overdosing on the anticoagulant.

Reports of Pradaxa Bleeding Deaths Increase
In November 2011, Pradaxa manufacturer Boehringer Ingelheim admitted that an estimated 260 patients died as a result of Pradaxa bleeding worldwide since the drug was introduced on the market in 2010. An estimated 120 of those Pradaxa deaths occurred in the United States. Yet, according to ISMP’s QuarterWatch, 117 deaths due to Pradaxa bleeding events were reported to the U.S. Food and Drug Administration (FDA) from April 2011 to June 2011 alone, which would make Boehringer Ingelheim’s estimate very low.

ISMP also reports that in that same time frame, as many as 511 cases of Pradaxa hemorrhaging were reported, with the median patient age 80 years. According to ISMP, “these new bleeding reports reinforce our concern that vulnerable older patients may be receiving an overdose of this one-size-fits-all drug.”

According to ISMP’s report, Pradaxa bleeding deaths may be occurring more often than reported, especially in elderly patients, because of the lack of an available lower dose of the drug, and because routine testing of kidney function and blood levels are not being conducted on Pradaxa patients. Without routine testing, doctors may be unknowingly giving their patients a higher dose than needed, especially because Pradaxa is available only in 75mg and 150mg capsules, unlike Warfarin, which can be prescribed in doses ranging from 1mg to 10mg.

Pradaxa Bleeding Injury Lawsuits
If you or a loved one has experienced a Pradaxa bleeding event, you may be entitled to compensation for your injuries. Call Dallas Pradaxa attorney Kay Van Wey today at (214) 329-1350 or (800) 489-5082 to learn more about your legal rights.

FDA Slow to Address Byetta Cancer Risk

Tue, 17 Apr 2012 08:00:00 EST

Recent studies have shown a link between type-2 diabetes drug Byetta and the development of pancreatic cancer. Yet the U.S. Food and Drug Administration (FDA) has been slow to address the risk of Byetta cancer.

Byetta Cancer Warnings
The FDA has come under intense scrutiny from medical and legal professionals for its laxity in issuing adequate warnings concerning the dangerous side effects associated with Byetta. The following timeline of events shows the FDA’s slow response to address the Byetta cancer risk:

In October 2007, following mounting reports of pancreatitis, the agency issued a warning to be placed on the prescribing label concerning the risk of potentially fatal pancreatic complications, including acute pancreatitis.
In August 2008, after receiving reports of deaths associated with Byetta, the FDA issued a second warning concerning the risk of pancreatitis.
In November 2009, reports of altered kidney function began to surface, which prompted the FDA to issue another prescription label warning concerning the possible risk of kidney failure.
In March 2010, the FDA issued a subsequent warning to healthcare professionals and consumers concerning the possibility of kidney failure associated with Byetta.
In April 2010, after reports of thyroid cancer began to surface, the FDA failed to issue another warning and did not take steps to recall Byetta. Instead, the agency recommended that manufacturer Amylin Pharmaceuticals and marketer Eli Lilly conduct further research studies to investigate the possible connection between Byetta and thyroid cancer.
In July 2011, a study conducted by clinical researchers at the University of California, Los Angeles (UCLA) revealed a definitive correlation between Byetta and acute pancreatitis, pancreatic cancer, and thyroid cancer. The study reported a six-fold increase in pancreatic cancer in patients using Byetta to treat type-2 diabetes. Results of the study revealed that the use of Byetta increases the likelihood of pancreatic cancer by approximately three times.

Additional studies are currently being conducted concerning the possible link between thyroid cancer and Byetta. Results are anticipated to be released in the summer of 2012.

Dangerous Drug Byetta Still on U.S. Market
Despite overwhelming evidence linking Byetta to pancreatitis, pancreatic cancer, and the possible risk of thyroid cancer, the drug remains on the pharmaceutical market. The FDA has not taken steps to further investigate life-threatening complications associated with Byetta. Eli Lilly continues to aggressively market Byetta as a miracle drug to treat diabetes and obesity associated with the condition. Yet medical evidence has proven there is not a safe and effective drug to eliminate obesity and diabetes.

Dallas Byetta Cancer Injury
As more reports of Byetta cancer come into the FDA, the drug companies may be forced to conduct additional studies of the dangerous side effects. But by then, many will have suffered injury as a result of the cancer caused by Byetta. Dedicated trial lawyers across the United States are currently taking on the drug companies to hold them accountable for their dangerous drugs.

To learn more about the secrets of big pharmaceutical companies, download my free ebook Prescription Drug Safety: 7 Secrets the Pharmaceutical Industry Does NOT Want You to Know at www.vanweylaw.com. Call Dallas dangerous drug attorney Kay Van Wey today at (214) 329-1350 or (800) 489-5082 to learn more about holding the drug companies accountable for your injuries.

500 Yaz Lawsuits to be Settled for $110 Million

Fri, 13 Apr 2012 08:00:00 EST

On April 12, 2012, Bayer announced that it will be paying $110 million to settle an estimated 500 lawsuits, all alleging injuries from Yaz blood clots.

Yaz Blood Clots Require Label Update
Yaz and Yasmin, both manufactured by Bayer, are new generation birth control pills that contain the synthetic hormone drospirenone. Recent studies have linked drospirenone to an increased risk of blood clots, which can cause heart attacks and strokes if not treated in time. A study conducted by the U.S. Food and Drug Administration (FDA) revealed that the risk of blood clots in women taking Yaz or Yasmin is an estimated three times higher than that of women taking older generation hormonal birth control pills.

Earlier this week, the FDA announced that Bayer would have to add a blood clot warning to its drug labels for Yaz and Yasmin. The label will include results of studies finding that the risk of blood clots is tripled for women who take Yaz and Yasmin.

Yaz Lawsuits Will Continue
Women across the United States have filed thousands of Yaz lawsuits against the German manufacturer, claiming it failed to warn and even misled women about the increased blood clot risk. And despite the FDA’s findings about the risk of blood clots, Yaz and Yasmin will remain on the U.S. market.

In 2010 alone, Bayer made an estimated $1.58 billion in sales of Yaz and Yasmin, its second highest selling drugs. And Yasmin remains one of the top hormonal birth control pills in the United States, controlling 4.6 percent of the U.S. market share.
An estimated 50 deaths were linked to Yaz or Yasmin between 2004 and 2008.

Some Yaz Lawsuits to be Mediated
At least 11,000 Yaz lawsuits have been consolidated into a multidistrict litigation (MDL) in the U.S. District Court of East St. Louis, Illinois, currently being presided over by U.S. District Judge David Herndon. The Honorable Judge Herndon called for mediation between the parties, appointing Stephen Saltzburg, a professor of law at George Washington University, to serve as the mediator.

Bayer would not say how many cases had in fact been settled, but released a statement saying “Bayer will continue to consider the option of settling individual lawsuits in the U.S. on a case-by-case basis.”

Yaz Blood Clot Risk
If you are taking Yaz, Yasmin, or a generic version of these drugs, you may want to talk with your doctor about switching to another form of birth control. Otherwise, you should know the symptoms of a blood clot so that you can receive treatment right away. For more information on Yaz blood clot symptoms, read our article “Health Concerns over the Use of Yaz & Yasmin.”

If you or a loved one suffered a blood clot while taking Yaz or Yasmin, you may be entitled to compensation for your injuries. Call Dallas Yaz attorney Kay Van Wey today at (214) 329-1350 or (800) 489-5082 to learn more about bringing a Yaz lawsuit.

Dallas Actos Cancer Risk May Be Higher than Previously Admitted

Wed, 11 Apr 2012 08:00:00 EST

A whistleblower lawsuit against Actos maker Takeda Pharmaceuticals has revealed additional Actos cancer risks for type-2 diabetes patients who have used the drug for a year or longer.

Actos Once Thought to be Safer than Avandia
Today, more than 25.8 million Americans are dealing with type-2 diabetes, a number that is expected to increase as the U.S. population eats more processed foods that are filled with sugar. When diabetes drug Avandia was sharply restricted in the United States because it was found to cause heart attacks, Actos soared in popularity. Takeda marketed Actos as a safer alternative to Avandia, and Actos became the best-selling diabetes drug in the United States.

But in 2010, the U.S. Food and Drug Administration (FDA) issued a safety communication warning that Actos patients were reporting developing bladder cancer while on the diabetes drug. A former employee of Takeda Pharmaceuticals, Dr. Helen Ge, says that Takeda knew of the Actos cancer risk, but refused to report it to the FDA.

Whistleblower Lawsuit Exposes Actos Cancer Risk
Dr. Helen Ge was an independent contractor for Takeda when she found additional Actos cancer cases that Takeda had not reported to the FDA. When Ge wanted to report the link between Actos and several forms of cancer, she was fired.

Her whistleblower lawsuit against Takeda has been filed in the U.S. District Court of Massachusetts under U.S. ex rel. Helen Ge v. Takeda Pharmaceutical Co. On February 24, U.S. District Court Judge F. Dennis Saylor, who is presiding over the whistleblower lawsuit, issued an order to have the lawsuit unsealed, releasing to the public the allegation that Takeda knew of the Actos cancer risk and encouraged its workers to downplay the risks associated with Actos.

Despite the link between Actos and several forms of cancer, including pancreatic cancer, bladder cancer, blood cancer, breast cancer, lung cancer, lymphoma, renal cancer, and gastrointestinal cancer, Ge says she was asked to change her professional opinion about Actos side effects to downplay the cancer risk.

Actos Cancer Lawsuits
Actos bladder cancer lawsuits have been filed across the country, claiming Takeda failed to warn consumers of the risk of developing bladder cancer while taking the drug. The FDA is currently assessing Actos studies, but has yet to take the drug off the market. Experts estimate that as many as 10,000 Actos users will come forward with reports of cancer. To learn more about the secrets of pharmaceutical companies like Takeda, download my free book Prescription Drug Safety: 7 Secrets the Pharmaceutical Industry Does NOT Want You to Know at www.vanweylaw.com.

If you or a loved one took Actos for a year or longer and developed bladder cancer, you may be entitled to compensation for your injuries. Dallas Actos attorney Kay Van Wey may be able to help you fight the pharmaceutical company to get the compensation you deserve. Call Van Wey Law today at (214) 329-1350 or (800) 489-5082 to learn more about Actos cancer and your legal rights.

Top 5 Causes of a Dallas Motorcycle Accident

Thu, 05 Apr 2012 08:00:00 EST

As the weather gets warmer, more motorcyclists undoubtedly will take to the roads. But with the increase in riders, unfortunately, we’ll also see an increase in Dallas motorcycle accidents.

And even though motorcycle accidents don’t necessarily occur at a higher rate than other types of accidents, the consequences often are much worse because serious injuries or death are more likely to result from motorcycle wrecks.

In fact, recent data indicate that per mile travelled, motorcycle accidents lead to 35 times more deaths than car accidents. Being aware of the top causes of motorcycle accidents may help you reduce your risk of being involved in one. Here are some of the key factors that cause motorcycle accidents:

Left-hand turns made by cars. This is the number one reason for accidents between cars and motorcycles, accounting for over 40 percent of such collisions.
Lane splitting by motorcycles. Because car drivers usually don’t anticipate a motorcycle driving between them and the vehicle next to them (and because of the tight spaces between vehicles), lane splitting is a common cause of accidents.
Speeding and alcohol use by the motorcyclist. Speeding or alcohol use is a factor in nearly half of the accidents involving a single motorcycle.
Road hazards. Because of their small size, small tires and instability issues, motorcycles are more susceptible to road hazards such as potholes, animals (dead or alive), uneven pavement, wet roads, etc.
Driver distraction. When you ride, you cannot count on other drivers to be paying attention to the road. Often, drivers are texting or talking on cell phones. For this reason, use caution when passing other vehicles.

The next time you or a loved one heads out on a motorcycle, please be aware of the common threats riders face and use extra precaution to help reduce your risk of being involved in a Dallas motorcycle accident. Remember, wearing the right gear can help protect you not only from the elements, but also from being injured in a Dallas motorcycle accident.

Unfortunately, not all motorcycle accidents are preventable, but you can still be prepared when an accident happens. I have written a book entitled the Ultimate Guide for Texas Motorcycle Accident Victims, which is available as a free download from www.vanweylaw.com.

If you are a motorcyclist who has been injured in a Dallas motorcycle accident because of the fault of another driver, you deserve to know your legal rights. Call our experienced Dallas motorcycle accident attorneys today at (214) 329-1350 or (800) 489-5082 for a free initial consultation.

Dallas Actos Users Have Increased Risk of Bladder Cancer

Thu, 05 Apr 2012 08:00:00 EST

Two studies published in 2011 have shown a risk of patients developing Actos bladder cancer. Actos is a drug used to treat type-2 diabetes.

If you or a loved one are taking Actos or have taken Actos in the past, you may want to talk with your doctor about whether you should be checked for bladder cancer and whether you should switch to another diabetes drug that does not carry this risk.

Actos Studies Show Increased Risk of Bladder Cancer
Actos, also known as Pioglitazone, helps control type-2 diabetes by increasing the body’s sensitivity to insulin, a substance that controls blood sugar levels. Actos was approved by the U.S. Food and Drug Administration (FDA) in 1999 for use in treating type-2 diabetes. Actos prescription sales in the United States totaled $3.4 billion in 2009.

A study published in the April 2011 issue of Diabetes Care, the journal of the American Diabetes Association, reviewed the records of 30,173 diabetes patients in the Kaiser Permanente Northern California diabetes registry, ages 40 years old or younger, all of whom were treated with Actos between 1997 and 2002. Patients who remained on Actos two years or longer had an increased risk of bladder cancer.

A second study, released in the June 2011 issue of Diabetes Care, analyzed 93 reports to the FDA of bladder cancer occurring in people on anti-diabetic drugs, and discovered that 31 bladder cancer cases were linked to Actos.

Actos Safety Announcement
The FDA issued an Actos safety announcement on June 15, 2011, stating that patients taking Actos for more than one year have an increased chance of developing bladder cancer. The FDA also pointed out that France has suspended the use of Actos, and Germany has recommended that Actos not be given to any patients who are not already on the drug.

French Actos Study Finds Increase in Bladder Cancer
France and Germany suspended the use of Actos after a study conducted by France’s health insurance agency reviewed cancer rates in 155,535 diabetes patients taking Actos and found an increase in bladder cancer.

Both Germany and France have extended their actions against Actos to include halting use of a combination of Actos and Metformin sold as Actoplus Met or Competact.

Actos Bladder Cancer Claims
If you or loved one used Actos and have been diagnosed with bladder cancer, you should learn more about your rights by contacting Dallas Actos attorney Kay Van Wey at (214) 329-1350 or (800) 489-5082. To get the latest information on Actos bladder cancer, subscribe to our blog.

Dallas Transvaginal Mesh Injuries Likely to Continue

Wed, 04 Apr 2012 08:00:00 EST

Each year thousands of women are diagnosed with pelvic organ prolapse (POP), a condition that is estimated to affect between 30 and 50 percent of U.S. women. Many of those women undergo surgery in which transvaginal mesh is implanted, but thousands also experience a transvaginal mesh injury.

The U.S. Food and Drug Administration (FDA) has received more than 4,000 reports of transvaginal mesh injuries, including bleeding, pelvic pain, mesh erosion, bladder perforation, urinary tract injuries, and projection of the mesh through the vaginal tissue. Although the FDA has not taken this dangerous medical device off the market, it has issued a safety alert, warning consumers about the potential for transvaginal mesh injuries.

Transvaginal Mesh Still Widely Used
Because the FDA has not taken transvaginal mesh off the market, patients will continue to receive implants, many not knowing the dangers that transvaginal mesh implants often pose.

According to the Millennium Research Group (MRG), demand for transvaginal mesh products will increase by two percent in the United States for 2012. Many of the implants will be used for transvaginal pelvic floor repair and hysteropexy procedures.
MRG determined this market growth in transvaginal mesh by polling 181 physicians who practice in gynecology or urogynecology in the United States. In fact, many of the physicians said that “surgical mesh products have distinct benefits in treating pelvic organ prolapse (POP) and stress urinary incontinence (SUI),” said Sohaib Perwaiz, an analyst for MRG.

POP can be treated surgically without the use of transvaginal mesh. MRG believes that physicians are staying loyal to the medical device, despite the reports of transvaginal mesh injuries, because they have strong brand preferences and are invited to training programs offered by the device manufacturers.

Transvaginal Mesh Injuries: How to Protect Yourself
Knowledge is power. If your doctor is recommending that you undergo a surgical procedure in which transvaginal mesh will be implanted, be sure to ask the following questions:

Which device will you be using? Be sure to write down exactly what brand name, model, and serial number your doctor is recommending so that you can research adverse events reported with the device before you undergo surgery.
Are alternative treatments available? Some surgeons still perform surgeries to treat POP without the use of transvaginal mesh.
What are the adverse events associated with this particular brand of transvaginal mesh? You can also conduct a search of this on your own. Hint—if your search yields results including law firms that are filing lawsuits on behalf of people injured by the particular mesh you may have implanted, you may want to look at alternate treatment options.

If you are one of the millions of women who have already received a transvaginal mesh implant, you can:

Keep up-to-date with transvaginal mesh safety announcements. If you do not know which brand of transvaginal mesh you received, call your doctor’s office to get this information. Once you know the brand, model, and serial number, you can track that product’s safety updates.
If a safety warning has been issued for your particular brand of transvaginal mesh, research what symptoms to look for that could lead to device failure. You can do this either by contacting your doctor or visiting the FDA’s website.

Dallas Transvaginal Mesh Injury Claim
If you or a loved one sustained a transvaginal mesh injury, you deserve to know your legal rights. Call Dallas transvaginal mesh attorney Kay Van Wey today at (214) 329-1350 or (800) 489-5082 for a free initial consultation.

Metal Hip Implants to Be Reviewed by FDA

Sat, 31 Mar 2012 08:00:00 EST

The U.S. Food and Drug Administration (FDA) has announced that it will convene a panel of experts to conduct a review of metal hip implant injuries.

The announcement for the expert panel comes just after regulators in the United Kingdom have warned consumers and doctors that all metal hip implants need monitoring for adverse tissue reaction and for adverse reaction to metal debris in the bloodstream. Experts believe that friction caused by running and even walking can cause metal ions and particles to enter a patient’s bloodstream, affecting the implant site and vital organs.

Metal Hip Implant Injuries
Metal hip implant injuries include damage to the surrounding bone and tissue at the implant site, which can cause the implant to become loose and uncomfortable or even painful for the patient. Other patients have reported experiencing adverse events associated with the heart, kidneys, thyroid gland, and nervous system due to metal ions in the blood stream. Metal particles carried in the bloodstream can also cause damage to these areas of the body.

The FDA had previously stated “there is no evidence to support the need for checking metal ion levels in the blood or special imaging if patients with [metal-on-metal] hip implants have none of the signs or symptoms [of an adverse event].”

Metal Hip Implants Fail More Often
The FDA’s metal hip advisory panel will meet June 27th and 28th to hear testimony from researchers, patients, doctors, and regulators. If the panel finds that metal hip implants are dangerous, new testing standards may be imposed on the implants, which were approved under 510(k) device review with little clinical testing beforehand.

An estimated 270,000 U.S. patients receive hip implants each year, some for the second time due to a previous faulty hip implant. Studies show that metal hip implants fail more often than hip implants made with other materials like plastic or ceramic.

In 2011, the FDA issued an order requiring metal hip implant manufacturers to submit additional safety data regarding their devices. The announcement was made after patients reported adverse events associated with DePuy hip implants, which are manufactured by a division of Johnson & Johnson.

Metal Hip Implant Failure Claims
If you or a loved one has been injured by a metal hip implant, you may be entitled to compensation for your injuries. Common symptoms of metal hip implant adverse events include:

Difficulty walking
Change in heart function, marked by chest pain or shortness of breath
Change in nerve function, marked by numbness, weakness, or vision or hearing changes
Change in thyroid gland function, marked by weight gain, fatigue, or cold feeling
Change in kidney function, marked by a change in your urination habits.

You deserve to know your legal rights when you have been injured by a defective medical device. Dallas metal hip implant injury attorney Kay Van Wey may be able to help you file a claim against the defective device manufacturer and recover damages for your or your loved one’s injuries. Call Van Wey Law today at (214) 329-1350 or (800) 489-5082 for a free consultation.

March is Women Veterans Month

Thu, 29 Mar 2012 08:00:00 EST

The Texas Legislature has enacted a bill to designate March as Women Veterans Month. An estimated 150,000 Texas women are veterans, the second highest number in the nation. Van Wey Law would like to thank and honor all of the women who have served and are currently serving the in the military.

Despite their honored service, many of these women are the victims of sexual assault while in the military. Department of Defense Secretary Leon Panetta has said that an estimated 3,200 cases of sexual assault by military personnel were reported in 2011 alone. But he estimates that this number is much higher—as high as 19,000—because sexual assault in the military often goes unreported.

The military and Department of Defense have said that they have a zero tolerance policy for sexual assault, but as recent sexual assault lawsuits demonstrate, the military silences the victims of these assaults rather than dealing with the problem. Military women and women veterans are often ignored when they try to report the sexual assualts they experience.

On top of the stresses of war, military women who are sexually assaulted often suffer with depression, anxiety, and post-traumatic stress disorder (PTSD). Often, these women are simply prescribed addictive medications to deal with these mental issues and are not given the treatment they need—counseling.

As our soldiers return home from war, many will face challenges that previous veterans have not faced, especially women veterans.
In honor of Women Veterans Month, I’d like to take a moment to thank the women of the military for their dedicated service and commitment to our country.

Actos Carries Additional Cancer Risk, Says Whistleblower

Mon, 26 Mar 2012 08:00:00 EST

A new whistleblower lawsuit against Actos manufacturer Takeda Pharmaceuticals alleges that the popular type-2 diabetes drug carries other cancer risks, not just bladder cancer. The allegations come after several Actos bladder cancer lawsuits have been filed in federal courts across the country.

Actos Adverse Events Unreported
The whistleblower who has filed the lawsuit against Takeda Pharmaceuticals is Dr. Helen Ge who worked as an independent contractor for the company between 2008 and 2010. In her lawsuit, she alleges that Takeda knew about the link between Actos and several different forms of cancer, but did not report the link to the U.S. Food and Drug Administration (FDA).

In Ge’s research of Actos, she found 1813 reports of cancer in patients taking Actos that had been reported to the FDA under its adverse events reporting system (AERS). Actos was linked to causing the following types of cancer

Pancreatic cancer—161 cases
Breast cancer—102 cases
Blood cancer—104 cases
Bladder cancer—72 cases
Lung cancer—94 cases
Lymphoma
Renal cancer
Gastrointestinal cancer

Despite the Actos cancer link, Takeda still did not include a warning on the drug’s label and did not warn doctors or the medical community about Actos cancer risks.

Additionally, the Japan-based pharmaceutical company ignored Ge’s warnings that Actos had been tied to congestive heart failure. Ge attempted to report these Actos adverse events to the FDA, but she alleges that Takeda challenged her findings and later fired her.

Actos Study Results to be Released after Patent Expires
Takeda is currently in the process of conducting a 10-year study on Actos adverse events, including Actos bladder cancer. The results of the study are expected to be released in 2013, which happens to be after Takeda’s patent on Actos runs. “Takeda will get the benefits of tens of billions of dollars in Actos sales while awaiting the bladder cancer results which ought to have been labeled and warned of to begin with,” Ge says.

Actos has already been banned in both Germany and France because it poses an increased risk of causing bladder cancer. The U.S. FDA has issued a warning about the drug, but has not yet made the decision to pull the drug from the market.

Ge’s lawsuit has been filed in U.S. District Court for the District of Massachusetts alleging, among other things violations of the federal False Claims Act.

Actos Bladder Cancer Lawsuits
Type-2 diabetes patients who took Actos and developed bladder cancer have filed lawsuits across the United States, alleging Takeda failed to warn them about the risk of developing cancer while on the drug. If you or a loved one developed bladder cancer while taking Actos, you may have a claim against the manufacturer. Call Dallas Actos bladder cancer attorney Kay Van Wey today at (214) 329-1350 or (800) 489-5082 to learn more about your legal rights.

What Do Doctors Think of Pradaxa?

Fri, 23 Mar 2012 08:00:00 EST

(Image: photostock / FreeDigitalPhotos.net)
News about Pradaxa bleeding deaths has spread quickly over the past month. We are now learning that elderly patients are especially at risk for experiencing Pradaxa bleeding events because of their susceptibility to falling.

Pradaxa Bleeding Events Caused by Minor Trauma
Trauma is currently the fourth leading cause of death in the United States, but doctors fear that the number of patients who die from traumatic injuries could increase, especially in elderly patients because of Pradaxa. Pradaxa is an anticoagulant, or blood thinner, used in patients with atrial fibrillation, a condition that is commonly found among the elderly. Introduced on the U.S. market in 2010, Pradaxa has quickly gained popularity because, unlike the blood thinner Warfarin, doctors do not have to test patients’ blood as frequently or adjust the dosage as frequently.

Studies suggest that Warfarin and Pradaxa have similar rates of adverse bleeding events. But Pradaxa has no antidote, which is a major disadvantage of the new anticoagulant. Patients who take Warfarin and experience bleeding can be given vitamin K, which reverses the effects of Warfarin. In contrast, patients taking Pradaxa who suffer even minor trauma may be at risk for serious bleeding events, or even fatal bleeding.

Doctors believe that Pradaxa may cause more harm in elderly patients who are at risk for experiencing minor trauma because they are unsteady on their feet and are prone to falling.

Houston Doctor Asks FDA to Reconsider Pradaxa Study Findings
Before Pradaxa was approved, more than 18,000 people took part in a clinical trial of the drug. Researchers found that the bleeding risk with Pradaxa was about the same as with Warfarin. But a year later, the study’s authors published a note in the New England Journal of Medicine to say that at least 80 additional serious events had occurred to patients after the study’s conclusion. At least 69 of those Pradaxa adverse events were major hemorrhages.

Dr. Bryan Cotton of the Center for Translational Injury Research in Houston, Texas, wrote a letter to the editor featured in the November 24, 2011 edition of the New England Journal of Medicine. He has found that the lack of an antidote for Pradaxa is a major concern for doctors, especially trauma doctors, who can do little to help reverse Pradaxa bleeding events.

“We have noted on multiple occasions patients who have ‘bleeding out’ from Pradaxa and our hands are tied. They’re bleeding out all over and there’s absolutely nothing we can do about it. I’m helpless when it comes into my emergency room,” says Dr. Cotton.

Although Dr. Cotton notes that emergency dialysis can reverse some of the bleeding, he says that “the ability to perform rapid dialysis in patients with bleeding whose condition is unstable or in those with large intracranial hemorrhages will present an incredible challenge, even at level 1 trauma centers.”

He and other trauma doctors are asking the U.S. Food and Drug Administration (FDA) to study the Pradaxa bleeding risk more closely as part of routine surveillance of all new anticoagulants.

Pradaxa Lawsuits
Lawsuits have been filed across the country by patients alleging they suffered serious bleeding events while on Pradaxa. Other lawsuits have been filed by family members alleging that their loved ones died after experiencing a Pradaxa bleeding event. If you or a loved one suffered a Pradaxa bleeding event, you may be entitled to compensation for your injuries. Call Dallas Pradaxa injury attorney Kay Van Wey at (214) 329-1350 or (800) 489-5082 today to learn more about your legal rights.

Actos Bladder Cancer MDL Lawsuit First Hearing Set for March 22nd

Wed, 21 Mar 2012 08:00:00 EST

Actos bladder cancer lawsuits that were consolidated into a Multidistrict Litigation (MDL) lawsuit last December will have their first hearing on March 22, 2012. The Actos lawsuits were consolidated in the U.S. District Court for the Western District of Louisiana and will be tried as an MDL lawsuit by U.S. District Judge Rebecca Doherty.

The Actos lawsuits allege that Takeda Pharmaceuticals, the manufacturer of Actos, knew but failed to warn patients about the drug’s dangerous side effects like bladder cancer. In a separate whistleblower lawsuit, a former employee of Takeda has alleged that the company tried to cover up Actos bladder cancer risks and manipulated study criteria to produce favorable results for the company.

Actos is Takeda’s best-selling pharmaceutical drug, but it has been taken off the market in both Germany and France. Last year, sales of Actos generated $4.8 billion for the Japan-based company. The drug first gained momentum when sales of the diabetes drug Avandia were sharply restricted by the U.S. Food and Drug Administration (FDA). Actos was marketed as a safer alternative to Avandia until patients began developing bladder cancer after a year or more of taking Actos.

Van Wey Law is following the Actos MDL and providing updates on the latest Actos bladder cancer news. For more information on Actos bladder cancer lawsuits, visit our blog.

Transvaginal Mesh Sold by Johnson & Johnson Before Receiving FDA Approval

Wed, 21 Mar 2012 08:00:00 EST

According to recent reports and a Bloomberg news article, medical device manufacturer Johnson & Johnson sold transvaginal mesh on the U.S. market years before receiving approval from the U.S. Food & Drug Administration (FDA). Within the past couple of years women have reported experiencing serious transvaginal mesh injuries.

Unapproved Transvaginal Mesh Implanted in Patients
Johnson & Johnson first began selling the unapproved transvaginal mesh in 2005 under the product name Gynecare Prolift. The company marketed the device for use in surgery to strengthen women’s pelvic muscles. Yet, the FDA did not learn about the device until 2007, when reviewing a similar medical device submitted for review by Johnson & Johnson.

When faced with criticism, representatives for Johnson & Johnson argued that the health care giant was able to market its Gynecare Prolift without approval because of its similarity to an already approved device, Gynecare Gynemesh. But the FDA disagreed, adding that the device was marketed and sold without the appropriate clearance.

However, the FDA did approve Gynecare Prolift in 2008 when it approved Johnson & Johnson’s other product under 510(k) device review, which is a controversial streamlined review process.

Transvaginal Mesh Injuries
Transvaginal mesh is used to treat pelvic organ prolapse (POP), which is a condition that affects an estimated 30 to 50 percent of American women. Several brands of transvaginal mesh, including Johnson & Johnson’s Gynecare Prolift, have been implicated in lawsuits across the nation for causing injury to women who received the implants.

The FDA has already received more than 4,000 reports of transvaginal mesh injuries, including:

Bleeding
Contraction of the mesh after implantation
Mesh erosion
Infection
Pain during sexual intercourse
Pelvic pain
Perforation of the bladder, blood vessels, or rectum
Projection of the mesh through vaginal tissue
Urinary tract injuries

The FDA has issued a safety update for transvaginal mesh, saying that it will consider reclassifying the device from Class II to Class III, which means the device carries a higher risk of harm or injury to the patient.

But the fact that Johnson & Johnson did not seek FDA approval for this particular transvaginal mesh has surgeons worried. “That information would have been important for most surgeons. Most surgeons probably would have not used a completely new product if there was no oversight,” says Dr. Andrew Sokol, an associate professor of obstetrics, gynecology, and urology at Georgetown University School of Medicine.

Transvaginal Mesh Lawsuits Not the Only Problems for Johnson & Johnson
In the past few years, Johnson & Johnson has come under fire for selling faulty hip implants and contaminated drugs. The manufacturer’s DePuy hip implant suffered major setbacks after patients reported difficulty and pain walking because the implants had eroded surrounding tissue and bone. Additionally, Johnson & Johnson has pled guilty to illegally marketing some of its pharmaceutical drugs and to committing bribery.

The Department of Justice has not said whether it will file charges against Johnson & Johnson for marketing and selling transvaginal mesh without FDA clearance. However, this recent news does not reflect well on a company that has gradually been losing consumer confidence.

Filing a Transvaginal Mesh Claim
If you or a loved one suffered transvaginal mesh injuries, you may be entitled to compensation. Call Dallas transvaginal mesh attorney Kay Van Wey at (214) 329-1350 or (800) 489-5082 to learn more about your legal rights.

Top Causes of Texas Motorcycle Accidents

Tue, 20 Mar 2012 08:00:00 EST

As the weather gets warmer, more motorcyclists undoubtedly will take to the roads. But with the increase in riders, unfortunately, we’ll also see an increase in Texas motorcycle accidents.

And even though motorcycle accidents don’t necessarily occur at a higher rate than other types of vehicle accidents, the consequences often are much worse since serious injuries like traumatic brain injuries or death are more likely to result from motorcycle wrecks. In fact, recent data indicate that per mile travelled, motorcycle accidents lead to 35 times more deaths than car accidents.

Being aware of the top causes of Texas motorcycle accidents may help you reduce your risk of being involved in one. Here are some of the key factors that cause Texas motorcycle accidents:

Left-hand turns made by cars—this is the number one reason for accidents between cars and motorcycles, accounting for over 40 percent of such collisions. As a motorcycle rider, you cannot always count on other drivers to see you. So, when riding, use your headlight, ride where other drivers can see you best, and wear clothing that makes you stand out, such as clothing that is neon-colored or has reflective patches.
Lane splitting by motorcycles—because car drivers usually don’t anticipate a motorcycle driving between them and the vehicle next to them, and because of the tight spaces between vehicles, lane splitting is a common cause of accidents. The more space that you put between you and other riders or vehicles, the more time you have to react, and the more space you have to move. Remember, motorcycles need as much distance to stop as cars do. At a minimum, maintain two seconds of distance between you and the vehicle in front of you.
Speeding and alcohol use by motorcyclists—speeding or alcohol use is a factor in nearly half of the accidents involving a single motorcycle. Slow down to reduce your risk of injury and don’t drink before riding. In 2009, 956 people were killed in Texas motorcycle accidents involving alcohol, nearly a third of all fatal motorcycle accidents recorded that year.
Road hazards—because of their small size, small tires, and instability issues, motorcycles are more susceptible to road hazards such as potholes, animals (dead or alive), uneven pavement, wet roads, and other road damage. For this reason, you should be alert and on the lookout for any upcoming road hazards.

The next time you or a loved one heads out on a motorcycle, please be aware of the common threats riders face and use extra precaution to help reduce your risk of being involved in an accident. Unfortunately, not all Texas motorcycle accidents are preventable. If you or a loved one were injured by a negligent driver while you were riding a motorcycle, you may be entitled to compensation for your injuries. Call the Dallas motorcycle accident attorneys at Van Wey Law today at (214) 329-1350 or (800) 489-5082 to learn more about your legal rights.

Transvaginal Mesh Complications Lead FDA Chief to Call for Stricter Regulations

Mon, 19 Mar 2012 08:00:00 EST

Regulators at the U.S. Food and Drug Administration (FDA) are now realizing the need for stricter regulations after thousands of women have experienced transvaginal mesh complications.

Transvaginal Mesh Lawsuits Spark Change
Transvaginal mesh was approved by the FDA under its 510(k) medical device review process. Under 510(k) review, a medical device that is substantially similar to a device already available on the market undergoes an expedited review with no testing of the device before it’s made available to consumers. An estimated 90 percent of all medical products used in the U.S. are approved under the 510(k) program.

Women who suffer from pelvic organ prolapse (POP) often receive transvaginal mesh implants to treat the condition, which affects an estimated 30 to 50 percent of American women. Some women who have received transvaginal mesh have experienced bleeding, pelvic pain, projection of the mesh through the vaginal tissue, infections, urinary tract injuries, and pain during intercourse. The FDA has received more than 4,000 adverse event reports for transvaginal mesh, and that number is expected to grow.

Despite the painful and potentially life-threatening adverse events women can experience with transvaginal mesh, the FDA continues to keep this product on the market. Medical device injury attorneys across the country have brought lawsuits to hold transvaginal mesh manufacturers liable for their faulty products.

FDA Medical Device Chief Calls on Congress for Reform
After thousands of lawsuits have been filed on behalf of U.S. women who received faulty transvaginal mesh products, FDA medical device regulator Jeffrey Shuren is calling on Congress to give the FDA more power to prevent unsafe products from ever being available on the U.S. market.

Specifically, Shuren wants Congress to close a loophole that allows potentially faulty medical devices to be sold on the market despite the fact that they are based on recalled past products. Democrats in the U.S. House have introduced a bill to allow the FDA to reject these similar devices based on safety flaws.

In an interview with Bloomberg, Shuren said “It’s good for patients and it’s good for companies and it assures that if there’s a problem with the new device, it gets addressed before it goes to market. The challenge now is if there’s a problem, it can be replicated” by newer generations of devices.

Based on FDA data, a device that has a faulty design and is based on a previous device that had safety problems is five times more likely to be recalled.

Transvaginal Mesh Claims
If you or a loved one received a transvaginal mesh implant and later suffered complications due to the implant, you may have a claim against the manufacturer. Dallas transvaginal mesh injury attorney Kay Van Wey is one of the few women attorneys dealing with these cases. Call Van Wey Law today at (214) 329-1350 or (800) 489-5082 to learn more about your legal rights.

Takeda Hid Actos Bladder Cancer Risk

Thu, 15 Mar 2012 08:00:00 EST

A former Takeda Pharmaceuticals employee has brought a whistleblower lawsuit alleging that the company covered up cases of Actos bladder cancer.

Actos Bladder Cancer Risk Hid from Patients
Helen Ge was originally hired by Takeda Pharmaceuticals as a consultant medical reviewer of adverse events with Actos. When reviewing Actos adverse events, she found a discrepancy between the number of bladder cancer cases reported in an internal database and the number reported to the FDA. The number in the database reflected 100 Actos bladder cancer events, but only 72 of those had been reported to the FDA.

In a lawsuit unsealed in March 2012, Ge alleges that she was fired after she brought the discrepancy to her supervisors’ attention, but was told to change her assessment of the adverse events so that they appeared to be unrelated to Actos, even though animal studies had confirmed the bladder cancer. She also alleges that Takeda manipulated patient enrollment criteria so that Actos trials would produce favorable results.

Actos Bladder Cancer Events Underreported
The U.S. Food and Drug Administration (FDA) has issued a warning regarding Actos bladder cancer, but has not yet taken the drug off the market. The FDA relies on patients and doctors to report any adverse prescription drug events to the Adverse Event Reporting System (AERS) so that the FDA can evaluate the safety of a drug after it has been made available on the market.

The FDA also relies on drug manufacturers like Takeda to submit clinical trials that are not biased towards a drug. In addition, once a drug is on the market, pharmaceutical manufacturers also have a duty to report any adverse events to AERS.

Actos Marketed as a Safe Alternative to Avandia
After the FDA sharply restricted the use of Avandia in the United States because of its potential to cause adverse heart-related events, like heart attack and stroke, Takeda started marketing Actos as a safer alternative capable of controlling Type-2 diabetes.

In 2006, Actos sales totaled $2.9 billion, but grew to more than $4.3 billion by 2010, making Actos the world’s top-selling diabetes drug. But after Europe suspended the use of Actos, the U.S. FDA issued a black box warning to let patients and doctors know that Actos use for periods of greater than one year may cause bladder cancer. As more is known about Actos bladder cancer, sales of Actos continue to decline.

Actos Bladder Cancer Claims
If you or a loved one suffered bladder cancer after taking Actos, you may have a claim against the manufacturer. Call Dallas Actos attorney Kay Van Wey today at (214) 329-1350 or (800) 489-5082 to learn more about your legal rights.

5 Things You Should NOT Do After a Motorcycle Accident

Wed, 14 Mar 2012 08:00:00 EST

Motorcycles are involved in a higher percentage of injury accidents than motor vehicles for many reasons. The lack of protection obviously exposes a rider to an increased risk of serious injuries. And though rider inexperience, intoxicated driving, and reckless driving are some of reasons these accidents occur at all, a Texas motorcycle accident is more likely caused by other motorists who fail to notice a bike while turning at an intersection or misjudge their speed and distance. Consequently, you should always drive defensively and know what to do, as well as what not to do, if you sustain a Texas or Dallas motorcycle accident injury.

For any accident injury, contact Van Wey Law, one of the top motorcycle and personal injury law firms in Texas, and talk to a Dallas motorcycle accident lawyer as soon after an accident as possible. Meanwhile, here are a few things you should NOT do if you are in a motorcycle accident:

1. Do not talk to anyone about how the accident occurred, except to the police. You need time to clearly comprehend what just occurred and you may say something that is untrue or that may be misconstrued, such as an apology for an accident that was not your fault. When the police ask you about the accident, give as many facts as you can, but do not guess regarding speeds or distances.

2. Do not refuse or delay medical attention. Many injuries after an accident do not manifest symptoms for several hours, including back and joint injuries, as well as internal injuries. Also, by refusing or delaying treatment, insurance companies will assume you were either not injured or not injured severely; that any later claimed injuries are not real; or that they were preexisting or caused by something other than the motorcycle accident. If you were injured in a motorcycle accident, see a doctor or health care provider as soon as possible.

3. Do not give a recorded statement to any insurance adjuster or even talk to one until you speak to a Dallas motorcycle accident attorney. Mistakes can easily be made or responses taken out of context, which can seriously impair the value of your injury claim.

4. Do not assume the other party will admit fault. If you are able to do so, obtain the names and contact information of any accident witnesses and take photos with a cell phone or other camera of the accident scene, all vehicles involved, and of your injuries. These photos could provide valuable details of the accident that could resolve any liability or causation issues. To help collect photos and other evidence, download the Van Wey Law Car Wreck App today for your iPhone or Android smart phone.

5. Do not talk to attorneys or persons representing law firms who unexpectedly show up at your home or hospital room to persuade you to have them represent you. This is unethical and illegal, and you will not get the professional representation your case demands.

What you can and should DO following a Texas motorcycle accident is call Van Wey Law at (214) 329-1350 or (800) 489-5082. Van Wey Law is one of Dallas’ premiere motorcycle accident injury law firms and offers a free initial consultation. Van Wey Law is recognized as a leader in providing information on personal injury law pertaining to motorcycle accidents.

Only by speaking to a Dallas motorcycle accident attorney can you be assured of being well-informed and that you receive professional advice and representation to ensure you obtain full value for your motorcycle accident injury.

Victoza Side Effects: What You Need to Know

Fri, 09 Mar 2012 08:00:00 EST

Victoza is a relatively new diabetes drug that has been endorsed by famous southern chef Paula Deen. Since announcing her partnership with drug maker Novo Nordisk, Deen has boasted that she has lost weight thanks to the drug. But when questioned about thyroid cancer caused by Victoza, Deen responded that he had not heard about the dangerous side effect.

Victoza Weight Loss May Come at a Price
Since Deen made her diabetes announcement in January, she says that she has lost weight and dropped two sizes while on VIctoza. But Deen has also admitted that she has cut her portion sizes in half and has begun an exercise regimen of walking for 30 minutes a day.

Diabetes patients around the United States are now claiming that they too have lost weight while on Victoza. Novo Nordisk says that weight loss while on Victoza is just one of the many positive side effects of the drug. Less acknowledged are the dangerous side effects of Victoza, which include pancreatitis, severe stomach problems, and even thyroid cancer.

Critics of Victoza worry that while Victoza is approved only to treat Type-2 diabetes, doctors can legally prescribe it to patients who are borderline diabetic to help them lose weight and fend off diabetes. One of the main concerns with Victoza is that it has been shown to cause thyroid cancer, which can be even worse than diabetes itself if not caught early.

Other Dangerous Diabetes Drugs
Victoza is in a relatively new class of diabetes drugs that come with warnings of serious side effects. Big pharma companies like Novo Nordisk are banking on the fact that millions of Americans are developing Type-2 diabetes and will continue to develop Type-2 diabetes based on diets rich in sugar and high in fat. As the waistlines of Americans have been increasing, so has the number of Type-2 diabetics in this country. Big pharma stands to cash in on these “lifestyle drugs,” promising Americans that they can lead happy healthy lives with the help of pharmaceutical solutions.

Unfortunately, a “magic pill” does not exist. And often, these lifestyle drugs come with dangerous side effects like thyroid cancer. Other diabetes drugs similar to Victoza currently on the market include Byetta, which can cause pancreatitis; Bydureon, which can cause a specific type of thyroid cancer known as medullary thyroid cancer; and Januvia, which can cause pancreatitis and kidney problems.

Not all prescription drugs are safe and effective. In many cases, a drug that works and is safe for one person may not be safe for another person. To learn more about the pharmaceutical industry, download my free ebook Prescription Drug Safety: 7 Secrets the Pharmaceutical Industry Does NOT Want You to Know at www.vanweylaw.com.

Pradaxa Patient in Minor Fall Suffered Extensive Bleeding

Wed, 07 Mar 2012 08:00:00 EST

In an article published by the Journal of Neurosurgery, doctors note that popular anticoagulant Pradaxa lacks an antidote, causing major concerns for surgeons.

Utah Pradaxa Patient Suffered Extensive Intracranial Bleeding within Hours
The case report featured in the article “Neurosurgical Complications of Direct Thrombin Inhibitors” is of an 83 year-old man who fell at home. He had been prescribed Pradaxa, an anticoagulant, nearly a month earlier by his primary care physician who had diagnosed him with new-onset atrial fibrillation.

Upon arriving at University Hospital in Salt Lake City, Utah, the man was fully alert and able to answer doctors’ questions. An initial brain scan showed that the man had small hemorrhages, but did not reveal any grave concerns.

But two hours after being admitted into the intensive care unit, the man’s speech began to deteriorate, so additional brain scans were taken, revealing extensive intracranial hemorrhaging. Doctors tried to stop the hemorrhaging with intravenous fluids and a protein known as recombinant factor VIIa, but all of the treatments were ineffective. Within six hours the man fell into coma and died a short time later.

The man’s treating doctors published the case report to alert other neurosurgeons that no antidote exists for Pradaxa. As the authors note:

“Although dabigatran [Pradaxa] has been shown to have a lower incidence of major bleeding than warfarin, in the event of catastrophic hemorrhage no effective reversal agent exists. Neurosurgeons are likely to encounter this clinical scenario more frequently with the increased use of dabigatran [Pradaxa] and other similar drugs. Preclinical and early clinical trials have thus far failed to yield an effective reversal agent for these medications, and new treatments are certainly needed.“

Elderly Pradaxa Patients Likely to Suffer Hemorrhaging
Pradaxa is used to prevent strokes and blood clots in patients with atrial fibrillation, or abnormal heart beat, a condition that mostly affects elderly patients. The authors of the article note that as more elderly patients are being prescribed Pradaxa, there will be more patients who suffer minor trauma resulting in hemorrhaging. Hemorrhaging is especially likely to occur in elderly Pradaxa patients who are often unstable while walking and prone to falling.

Studies conducted on humans have shown that Pradaxa has a similar rate of hemorrhaging as Warfarin, but unlike Warfarin, Pradaxa does not have a known antidote. Some suggest that dialysis may work to reverse the effects of Pradaxa, but often the patients bleed so quickly that dialysis does not work in time.

Pradaxa Death Claims
So far, 120 deaths linked to Pradaxa have been reported in the United States. Worldwide, 260 Pradaxa deaths have been reported. Drug maker Boehringer Ingelheim reluctantly reported these figures back in November 2011, and U.S. officials are currently studying Pradaxa’s effects to determine whether Pradaxa exhibits a higher bleeding risk than other anticoagulants like Warfarin.

Pradaxa side effects lawsuits have now been filed across the United States. If you suffered a bleeding event while taking Pradaxa, or if your loved one died while taking Pradaxa, you may have a claim against the drug manufacturer. Call experienced Dallas drug injury attorney Kay Van Wey today at (214) 329-1350 or (800) 489-5082 to learn more about your legal rights.

Pradaxa & Fatal Bleeding: What You Need to Know

Wed, 29 Feb 2012 08:00:00 EST

Patients and doctors are becoming increasingly concerned about Pradaxa fatal bleeding events, which are very serious side effects caused by the relatively new drug.

When Pradaxa first became available, it was hailed as a safe alternative to warfarin. Both drugs are anticoagulants, meaning they are designed to thin the blood and prevent strokes. Warfarin was widely criticized for years for causing a huge array of serious side effects, and Pradaxa was initially believed to be a much safer option. Unfortunately, that doesn't seem to be the case.

Pradaxa Bleeding Risk
While Pradaxa is designed to thin the blood, it might be doing its job a little too well. Gastrointestinal bleeds and intracranial bleeds are occurring in a significant number of patients. It is bad enough that internal bleeding can and does occur with Pradaxa. What makes it worse is the fact that there is no known way to reverse the bleeding once it begins. All too often, medical professionals can do nothing but stand by and watch patients bleed to death. In other words, Pradaxa complications are serious, life-threatening and typically can't be controlled.

When to Stop Using Pradaxa
News about Pradaxa bleed cases is reaching a fever pitch. Upon learning about the risks and side effects that are involved, many patients immediately want to stop taking the drug.

If you are currently taking the drug, however, you should not stop taking it without talking to your doctor first. As with many types of medication, the Food & Drug Administration (FDA) recommends that you seek the advice of a medical professional before you stop taking Pradaxa. You should definitely speak to your doctor about safer alternatives. They do exist, and you might be able to switch to a drug that has less dangerous side effects.

Investigations Focus on Pradaxa Bleeding Risk
Pradaxa was officially approved by the FDA on October 19, 2010. In the brief period of time since then, numerous complaints have been filed about the drug. Labeling changes were made in the United States and Europe to address concerns about the drug's serious side effects. In Australia and Japan, safety advisories were issued.

The FDA finally launched an investigation into Pradaxa complications on December 7, 2011. In the meantime, the drug continues to be available and people continue to suffer. More than 260 fatal bleed-outs occurred between March 2008 and October 2011, so it's clear that a serious problem is at hand.

Are You a Victim of Pradaxa’s Dangerous Side Effects?
When you are prescribed a drug by a medical professional, it's natural to assume that the drug will improve your health and make life easier. Nothing is worse than putting your trust into a drug like Pradaxa and suffering from a serious, life-threatening side effect as a result.

The first thing you should know is that you're not alone. A considerable number of people have already experienced serious problems with Pradaxa. You should also know that protecting your rights is important.

Hold Drug Companies Accountable
It's easy to feel overwhelmed and unimportant when you become a victim of an unsafe drug. At Van Wey Law, we understand how isolating it can be to suffer from the serious side effects of a drug like Pradaxa. However, you have rights, and you need to hold the drug companies accountable for allowing a dangerous drug to be made available to the public. You do not have to sit back and suffer in silence, and you can fight for your rights and the rights of your loved one by hiring a competent Pradaxa lawyer.

If you think you may have a Pradaxa claim, contact experienced dangerous drug attorney Kay Van Wey today at (214) 329-1350 or (800) 489-5082. Ms. Van Wey understands all of the intricacies and ongoing developments concerning Pradaxa and may be able to help you bring a claim against the drug maker.

Actos Users Face Increased Risk of Bladder Cancer

Wed, 29 Feb 2012 08:00:00 EST

Popular Type 2 diabetes drug Actos has been linked to an increased risk of bladder cancer. If you have been diagnosed with bladder cancer and were taking Actos at the time, you may have an Actos bladder cancer claim.

What is the Risk of Developing Actos Bladder Cancer?
Actos, also known as Pioglitazone, helps control Type 2 diabetes by increasing the body’s sensitivity to insulin, a substance that controls blood sugar levels. Actos was approved by the U.S. Food and Drug Administration (FDA) in 1999 for use in treating Type 2 diabetes. In 2009, Actos prescription sales in the United States totaled $3.4 billion.

A study in the April 2011 issue of Diabetes Care, published by the American Diabetes Association, reviewed the records of 30,173 diabetes patients in the Kaiser Permanente Northern California diabetes registry, ages 40 years old and younger, all of whom were treated with Actos between 1997 and 2002. Patients who remained on Actos two years or longer had an increased risk of bladder cancer.

A second study, released in the June 2011 issue of Diabetes Care, analyzed 93 reports to the FDA of bladder cancer occurring in people on anti-diabetic drugs, and discovered that 31 cases were linked to Actos.

FDA has Issued Actos Bladder Cancer Warning
The FDA issued a “Safety Announcement” on June 15, 2011, stating that patients taking Actos for more than one year have an increased chance of developing bladder cancer. The FDA also pointed out that France has suspended the use of Actos, and Germany has recommended that Actos not be given to any patients who are not already on the drug.

Both France and Germany suspended the use of Actos after a study conducted by France’s health insurance agency reviewed cancer rates in 155,535 diabetes patients taking Actos and found an increase in bladder cancer. These countries have extended their actions against Actos to include halting use of a combination of Actos and Metformin sold as Actoplus Met or Competact.

If you or a loved one are taking Actos or have taken Actos in the past, you may want to talk with your doctor about whether you should be checked for bladder cancer and whether you might switch to another diabetes drug that does not carry this risk.

Actos Bladder Cancer Claims
If you or loved one used Actos and have been diagnosed with bladder cancer, you may have a claim against Actos’ manufacturer. To learn more about your rights, contact Dallas drug injury attorney Kay Van Wey at (214) 329-1350 or (800) 489-5082.

Good Samaritans Help Man in Car Crushed by Tractor Trailer

Fri, 24 Feb 2012 08:00:00 EST

18-wheeler Flips onto Car, Hits Barrier: MyFoxDFW.com

On Thursday, February 23, 2012, several good Samaritans stepped in to help a man in a car that had been crushed in a tractor trailer truck wreck.

The tractor trailer was traveling from westbound Interstate 635 to go northbound on the Dallas North Tollway when the trailer flipped on its side, crushing the Chevy Cruze that was next to it. The man in the Chevy Cruze was trapped inside the car for several hours and sustained serious injuries to his neck and back.

He was visiting from Houston and was in a rental car. He was taken to Parkland and is expected to be okay.

Another vehicle, an SUV, was also hit by the truck and pushed onto the other side of the tollway into oncoming traffic. Tina Guerassio, who was coming the other way, stopped before hitting the SUV. She, along with several other good Samaritans, also helped to free the man trapped in the car underneath the tractor trailer.

The truck driver was cited by police for failing to control his speed, and the Dallas North Tollway was shut down for several hours while crews worked to clean up the truck wreck.

We commend the good Samaritans who stopped to help the victims of this tractor trailer accident.

Fosamax Femur Fracture MDL Extended to Other Bisphosphonates

Wed, 22 Feb 2012 08:00:00 EST

On February 3, 2012, the Judicial Panel on Multidistrict Litigation (JPML) ordered that the Fosamax multidistrict litigation (MDL) be opened to patients who suffered a femur fracture as a result of taking other bisphosphonates like Boniva and Reclast.

The Fosamax MDL, which had previously been centralized in the District of New Jersey, will be overseen by the Honorable Joel A. Pisano. Now that the MDL has been opened to patients who suffered femur fractures while taking other bisphosphonates, we expect that more women injured by these drugs will come forward to assert their legal rights. If you know a woman who suffered a femur fracture and was taking a bisphosphonate, she may have a claim against the drug manufacturer.

What is a Femur Fracture?
A femur fracture is a bone fracture that occurs in the thigh bone, or femur. These types of fractures are usually caused by traumatic events like high-speed car crashes, but research has shown that bisphosphonates can cause atypical femur fractures in which doing something as simple as taking a step can cause the femur to snap.

Femur fractures are very painful and often require surgery to repair. Recovery time is usually three to six months, although factors such as age, health, and the severity of the fracture can extend recovery time.

What are Bisphosphonates?
Bisphosphonates are drugs used to both prevent and treat osteoporosis in women. These drugs are supposed to help women maintain bone density after menopause, but their efficacy has been questioned in recent years. The FDA has received reports of women suffering adverse events like atypical femur fractures after taking bisphosphonates for at least five years.

At a recent meeting of the American Academy of Orthopedic Surgeons (AAOS), Dr. Richard M. Dell explained that continuing to take bisphosphonates after an atypical femur fracture increases the risk that a woman will experience another atypical femur fracture by 41 percent. Prolonged exposure to bisphosphonates may be the cause of these atypical femur fractures.

Popular bisphosphonates include:

Actonel
Atelvia
Boniva
Fosamax
Reclast

If you or a loved one suffered a femur fracture while taking a bisphosphonate to prevent or treat osteoporosis, contact Dallas Fosamax injury attorney Kay Van Wey at (214) 329-1350 or (800) 489-5082. You may be entitled to compensation for your femur fracture caused by Fosamax, Boniva, Reclast, or another bisphosphonate.

Ask A Pradaxa Injury Lawyer: Why Does Pradaxa Cause Internal Bleeding?

Sun, 19 Feb 2012 08:00:00 EST

If are suffering from the heart arrhythmia atrial fibrillation, you may been prescribed Pradaxa. Your doctor may have warned you that there is a risk of dangerous internal bleeding from Pradaxa. Why does Pradaxa cause bleeding?

In patients with AF blood pools in the heart. This puts these patients at an increased risk of dangerous blood clots. Blood clots occur when blood cells clump together. In many cases, blood clotting is a good thing. If you cut your finger, you want the blood to clot so you don’t bleed to death. The clotting blood forms a scab which keeps unclotted blood from flowing out. However, when blood clots inside your body, it can be very dangerous. The blood clots can restrict blood flow and increase blood pressure. If they break off and travel to the brain they can cause stroke. AF patients have a stroke risk that is as much as seven times greater than the risk for the general population.

Pradaxa is a drug that prevents the blood from clotting. If clots can’t form, there is no risk of stroke. However, a lack of clotting ability means that it may be difficult to stop bleeding in the case of injury. If a patient taking Pradaxa suffers internal bleeding, the body may not able to naturally heal itself. The patient may suffer organ failure, shock and even death.

Dallas Pradaxa injury lawyer helps Pradaxa injury victims in Texas get fair compensation for their losses. If you are a victim of Pradaxa internal bleeding, you may be eligible to file a Texas dangerous drug claim. To learn more, request a free copy of the book, 7 Secrets the Pharmaceutical Industry Does NOT Want You to Know or contact Van Wey Law at 800-489-5082 and ask to schedule a free consultation with a Dallas Pradaxa injury lawyer.

Pradaxa Injury Lawyer: Excessive Bleeding Not The Only Pradaxa Risk

Sat, 18 Feb 2012 08:00:00 EST

For more than 40 years, anyone needing a blood thinner was prescribed warfarin. Warfarin has many disadvantages: it takes time to work, it is hard to find the correct dose, it reacts with many common foods, and it has dangerous side effects. However, warfarin was the safest anti-clotting drug available.

In 2010, Pradaxa was approved to prevent stroke in patients with atrial fibrillation. Many doctors were relieved to have another option. But, Pradaxa is not the wonder drug that doctors hoped for. It has been associated with serious side effects.

The FDA is currently evaluating reports of excessive bleeding in patients taking the blood thinner Pradaxa. But, bleeding may not be the only dangerous side effect of the drug. Recent studies link Pradaxa to both acute coronary syndrome (ACS) and myocardial infarction (MI).

Acute coronary syndrome refers to the sudden stopping of blood flow to the heart. Myocardial infarction is a medical term for a heart attack. It is important that patients taking Pradaxa go to the emergency room immediately if they notice any of the following symptoms:

Chest pain
Squeezing or pressure in the chest
Pain in the upper left arm or jaw
Upper back pain
Shortness of breath
Sudden heavy sweating
Heartburn
Nausea
Vomiting
Sense of doom
General bad feeling

Both the FDA and the doctors conducting the studies believe that the benefits of Pradaxa outweigh the drugs risks. But, if you are a victim of a Pradaxa injury in Texas, you may not feel the same way. If your life is forever changed because of a dangerous drug, you deserve accountability. You may be eligible to file a Pradaxa injury lawsuit in Texas. Contact a Dallas Pradaxa injury lawyer for more information.

Learn more about Texas dangerous drug claims in Dallas Pradaxa injury lawyer Kay Van Wey’s book, 7 Secrets the Pharmaceutical Industry Does NOT Want You to Know.

AF Ablation Study Shows More Bleeding, More Clots With Pradaxa

Fri, 17 Feb 2012 08:00:00 EST

Atrial fibrillation (AF) refers to the most common type of irregular heartbeat. Those with AF may experience palpitations, fainting, chest pain, or congestive heart failure. AF also increases the risk of stroke.

There are two approaches to treating AF. The first approach involves preventing complications from AF. The heart rhythm is left unchanged, and AF patients are prescribed blood thinners to keep the blood from clotting. The other treatment involves changing the heart rhythm to a more normal rhythm. Patients undergo a procedure known as AF ablation. These patients often need to take blood thinners before, after and during the procedure.

The blood thinners most commonly prescribed to patients with AF are Pradaxa and warfarin. Warfarin was introduced in 1948 as a rat poison and approved for human medical use in 1954. Pradaxa was approved in 2010. Both drugs are effective at preventing clotting, but each drug has potentially dangerous side-effects, including excessive internal bleeding.

In a new study published in the Journal of the American College of Cardiology, 290 patients with AF underwent an AF ablation procedure. Half the patients were prescribed Pradaxa and half were prescribed Warfarin. How did the drugs compare:

	Pradaxa	Warfarin
Complications Caused By Blood Clots	3	0
Major Bleeding Complications	9	1

The researchers determined that Pradaxa may not be appropriate for patients undergoing AF ablation, but another doctor warned that there is also risk in switching blood thinners. Talk to your doctor about the best option for you.

Have you suffered from excessive internal bleeding after taking Pradaxa? You may be eligible to file a Texas Pradaxa injury claim. To learn more, request your free copy of Texas Pradaxa injury attorney Kay Van Wey’s book, 7 Secrets the Pharmaceutical Industry Does NOT Want You to Know.

If you have questions or would like to discuss your injury with a Pradaxa injury attorney, contact Van Wey Law at 800-489-5082.

Taking Pradaxa? Kidney Testing May Prevent Fatal Pradaxa Bleeding.

Thu, 16 Feb 2012 08:00:00 EST

Pradaxa was approved in October 2010 and Texas drug injury attorneys are already seeing thousands of reports of injuries and deaths related to the drug. Most of these reports concern excessive internal bleeding. When Pradaxa internal bleeding is left untreated, it can cause shock, organ damage, brain injury, coma and even death.

If you are taking Pradaxa in Texas, you should not stop taking your medication. Pradaxa is used to prevent stroke in patients who have a heartbeat disorder known as A-fib. These patients have an increased risk of stroke and stopping medication can have deadly consequences.

It may sound as if you are stuck between a rock and a hard place. You need to take medication to prevent strokes, but the medication carries its own risks. You may wonder, is there a safer way?

Recent research has shown that impaired kidney function may be a factor that predicts who will suffer from Pradaxa excessive internal bleeding. Those with impaired kidney function may bleed more easily because they have too much of the drug in their blood. The makers of the Pradaxa, are now suggesting that patients have their kidney function tested before taking the drug. Anyone with past or current kidney problems and anyone over the age of 75 should have their kidneys tested each year while taking Pradaxa.

If you are taking Pradaxa, ask your doctor if you should have your kidney function checked. Be aware of the signs of internal bleeding, and seek immediate medical attention if you any of those signs.

If you have experienced internal bleeding after taking Pradaxa, contact Texas drug injury attorney Kay Van Wey. Attorney Van Wey helps those injured by dangerous drugs to get fair compensation for their injury. To learn more, contact van Wey Law at 800-489-5082.

Taking Pradaxa? Be Aware Of The signs Of Pradaxa Internal Bleeding

Wed, 15 Feb 2012 08:00:00 EST

Dallas drug injury attorney Kay Van Wey has learned that as many as 16.4% of Pradaxa users may experience internal hemorrhaging. The risk of bleeding increases in those over age 75 or those who require emergency surgery. For this reason, Attorney Kay Van Wey believes that it is important for every patient who is taking Pradaxa to be aware of the symptoms of internal bleeding.

Symptoms of Pradaxa internal bleeding may include:

Vomiting or coughing up blood
Vomit that resembles coffee grounds
Unusual lethargy
Abnormal bruising or bleeding
Urine that is pink or brown
Stools that are red or black and tarry
Headaches
Bleeding gums
Frequent nosebleeds
Weakness and/or swelling of the arms or hands
Weakness and/or swelling of the feet, ankles or lower legs
Pain or swelling in the joints
Dizziness
Death

If you experience any of these signs of Pradaxa internal bleeding, it is important that you contact your doctor right away. Continue to take your medication as directed. Suddenly stopping your medication could have dangerous consequences.

Dallas drug injury lawyer Kay Van Wey represents Texas residents who are injured by Pradaxa and other dangerous drugs. If you have suffered excessive internal bleeding while taking Pradaxa, contact Van Wey Law at 800-489-5082 and to schedule a free legal consultation with Ms. Van Wey.

For more information about the rights of those injured by the side effects of dangerous medications, request a free copy of Ms. Van Wey’s book, 7 Secrets the Pharmaceutical Industry Does NOT Want You to Know.

Not Just Paula Deen: Other Celebrities Have Endorsed Dangerous Drugs

Fri, 10 Feb 2012 08:00:00 EST

Paula Deen’s endorsement of the possibly dangerous diabetes drug Victoza in Texas and nationally has made headlines, but one important point has been left out. Victoza may be a dangerous drug.

Victoza is very similar to Byetta and Januvia, diabetes drugs which carry pancreatitis warnings on their labels. Since Victoza was approved in 2010, there have been increasing concerns that this drug also increases the risk of pancreatitis.

Paula Deen is not the only celebrity that is promoting a potentially dangerous drug. Paul and Mira Sorvino have promoted diabetes drug Lantus which may double the user’s risk of cancer.

Diabetes drugs aren’t the only medications with dangerous side effects. Since 2006, actress Sally Field has appeared on commercials for Boniva. Boniva is a bisphosphonate drug similar to Fosomax, a dangerous drug in Texas which has been associated with femur fractures, jawbone necrosis and esophageal cancer.

Pro-golfer Phil Mickelson suffers from psoriatic arthritis, an autoimmune disease. He endorses Enbrel, a drug which blocks the proteins that cause arthritic inflammation. TNF-blockers like Enbrel suppress the immune system and can leave users at risk of dangerous infections, including tuberculosis and histoplasmosis. Numerous deaths have been linked to these infections.

Former Olympic champion Bruce Jenner also promoted an arthritis drug. In 2004, the top-selling drug Vioxx was recalled after studies found it increased the risk of heart attack. Jenner said that he had no idea about the risks.

The truth is that some drug companies care more about profits than your health. Dallas dangerous drug attorney Kay Van Wey discusses medications with deadly side-effects in her book, 7 Secrets the Pharmaceutical Industry Does NOT Want You to Know. To discuss your own Texas medication injury claim, contact van Wey Law at 800-489-5082.

Why Does Fosamax Cause Femur Fractures?

Wed, 08 Feb 2012 08:00:00 EST

Texas dangerous drug attorneys hear many variations of this story. A woman of post-menopausal age goes to her mailbox, walks down the stairs, or gets out of her car and her leg crumples beneath her. Her femur has suddenly snapped. X-rays show a traumatic injury that should have been caused by a high-speed car crash, not a single step. What has happened?

The stories are slightly different, but one common factor is usually to blame. These women were taking Fosamax or a generic alendronate in order to reverse the symptoms of osteoporosis.

How is a drug for osteoporosis causing femur fractures? How does a drug that strengthens bone cause one of the strongest bones in the body to suddenly shatter like glass?

Throughout our lives, bone degrades and is reformed. When a woman has osteoporosis, the new bone that is created is of lower quality that the original bone. Over time, the bone becomes more porous and more likely to break.

Fosamax works by interrupting the normal process of bone degradation and formation. It stops the degradation process, so only new bone is formed. This leads to an increase in total bone mass.

A problem arises because the bone doesn’t degrade, any damage to the bone remains. Over time, this micro-damage adds up and the collagen in the bone is altered. This can lead to a weak and damaged bone.

If you are one of the thousands of women who have suffered a femur fracture in Texas after taking Fosamax, you deserve accountability. Texas dangerous drug attorney Kay Van Wey discusses the rights of Dallas and Texas Fosamax injury victims in her book, 7 Secrets the Pharmaceutical Industry Does NOT Want You to Know. To request your free copy or to discuss a Texas Fosamax injury claim, contact Van Wey Law at 800-489-5082.

Study Finds Pradaxa Significantly Increases Risk of Bleeding

Wed, 08 Feb 2012 08:00:00 EST

New blood thinner Pradaxa has been linked to serious bleeding events across the world, some resulting even in death. The Food & Drug Administration (FDA) has said that it will conduct studies on Pradaxa, but that for now its benefits outweigh the potential safety risks it poses.

But a recent study published in the Journal of the American College of Cardiology suggests that Pradaxa, generic name dabigatran, is more dangerous than its older counterpart, Warfarin.

In the study, researchers followed 290 patients, half of them taking Pradaxa, and half of them taking Warfarin. The mean age of the patients was 60 years old, and more than three-quarters of them were male.

After following the patients for a year, the authors of the study found that the patients who used Pradaxa experienced more thromboembolic complications (like blood clots) and major bleeding complications. In fact, of those patients taking Pradaxa, three experienced a thromboembolic complication, while none of the patients on Warfain experienced a thromboembolic complication. Similarly, nine of the patients taking Pradaxa experienced major bleeding complications, compared to just one patient who experienced the same complication while taking Warfarin.

Overall, patients taking Pradaxa had a higher bleeding rate, a higher total bleeding rate, and a higher rate of experiencing complications while taking the drug, as compared to the patients taking Warfarin.

Although the study conducted was relatively small and observational in nature, the authors noted that there is a scarcity of data on how Pradaxa affects patients. They called for further studies to be conducted to determine what effects the drug will have on a larger population.

In all, the authors concluded that use of Pradaxa in patients undergoing atrial fibrillation ablation “significantly increases the risk of bleeding or thromboembolic complications compared with uninterrupted Warfarin therapy."

The study reinforces the claims of patients who have experienced serious bleeding events while taking Pradaxa and underscores the need for the FDA to not rush drug approvals, as it arguably did with Pradaxa.

If you or a loved one experienced a serious bleeding event while taking Pradaxa, please call experienced dangerous drug attorney Kay Van Wey today at (214) 329-1350 or (800) 489-5082 to learn more about your legal rights.

Family of Dallas Teen Killed in Pedestrian Accident Seeks Justice

Mon, 06 Feb 2012 08:00:00 EST

Nearly a month ago, Dallas teen Riley Rawlins was hit and killed by another Dallas teen, Soraya Villanueva, when he was crossing a road. Villanueva has now been charged with criminally negligent homicide, weeks after the tragic crash.

The Rawlins family has been trying to get officers to arrest Villanueva for weeks and charge her with a crime. Dallas Police had not arrested Villanueva until recently because they were continuing to interview witnesses.

At the time of the accident, Rawlins was crossing Royal Lane near Lake Highlands High School where he was in his junior year. Police believe that 18-year-old Villanueva was traveling at 70mph in a 35mph zone when she struck Rawlins. He was dragged 400 feet before Villanueva finally stopped.

Villanueva admitted to police that she was trying to beat a yellow light when she hit Rawlins. She also admitted that she was speeding and was driving without a license and insurance.

The Rawlins family has started an online petition to be sent to the Dallas District Attorney’s Office, asking the DA to send the case to trial rather than allow Villanueva to negotiate a plea deal with probation. If convicted at trial, Villanueva could face a maximum of two years in prison.

Rawlin’s tragic death is a reminder that drivers need to slow down and obey posted speed limits. Texas ranked third in the nation for the most pedestrian traffic fatalities in 2009.

Paula Deen to Promote the Diabetes Drug Victoza

Mon, 30 Jan 2012 08:00:00 EST

Three years ago, celebrity cook book author and TV chef Paula Deen was diagnosed with type-2 diabetes. Ms. Dean, who is known for decadent recipes that defy doctor’s orders, did not go public with her diagnosis until recently. Last week, Ms. Deen disclosed her condition when she announced that she will be serving as a spokesperson for the diabetes drug Victoza.

The campaign is called “Diabetes in a New Light” and will include lifestyle tips, including recipes that have been modified to be diabetes-friendly. These recipes are produced by Deen’s sons, Bobby and Jamie Deen, and each has a separate endorsement deal with Novo Nordisk. Jamie is the host of his own Food Network program, "Not My Mama's Cooking," which features healthier versions of Paula Deen’s recipes. Ms. Deen, who is known for high-calorie Southern comfort food, does not plan to change the type of food she prepares on her own show.

Victoza is a non-insulin daily injection manufactured by Novo Nordisk, a Danish pharmaceutical company. The drug, which is used to treat type-2 diabetes is similar to Byetta , and like Byetta, has been associated with pancreatitis and thyroid cancer. Other dangerous Victoza side effects include infection, tissue damage, hemorrhaging, and cellular necrosis. Those who experience these side effects should contact a Dallas drug injury attorney for information about dangerous drug claims.

According to the American Diabetes Association, more than 8% of Americans are suffering from diabetes. Another 25% have pre-diabetes, a condition which can cause long-term damage to the heart and circulatory system. Ms. Deen says that a portion of the family’s earnings will be donated to the American Diabetes Association. The family will also participate in American Diabetes Association events.

Yaz Generic Launched Despite Safety Concerns

Mon, 30 Jan 2012 08:00:00 EST

Watson Pharmaceuticals announced January 18, 2012 that it has launched a generic version of the popular birth control pill Yaz. The announcement comes as an estimated 10,000 lawsuits have been filed across the country by women who allege that the drug caused them blood clots, heart attacks, and strokes.

The new drug is being marketed as Vestura and contains the same active ingredients found in Yaz, including drospirenone and ethinyl estradiol. Recent studies have linked drospirenone, a synthetic hormone, to a higher risk of blood clots. In fact, a study conducted by the FDA found that Yaz, Yasmin, and their generics increase the risk that a woman will get a blood clot by as a much as 75 percent.

In December 2011, a panel of experts gathered before the FDA to determine whether Yaz and Yasmin were safe to keep on the market. The panel concluded that the pills would need a stronger warning, but that their benefits outweighed the risk of blood clots.

Despite the recent safety concerns with the drug, Yaz and its generic versions generated $510 million in sales last year alone. Vestura has been approved to prevent pregnancy and treat moderate acne in women and girls 14 and over.

If you or a loved one suffered a blood clot, heart attack, or stroke while taking Yaz, Yasmin, or another birth control pill that contains drospirenone, you may be entitled to compensation for your injury. Call experienced Yaz injury attorney Kay Van Wey today at (214) 329-1350 or (800) 489-5082.

Victoza and Thyroid Cancer: What You Should Know

Sun, 29 Jan 2012 08:00:00 EST

You may have heard that celebrity chef and cook book author Paula Deen will be promoting the drug Victoza. Victoza is a brand name for the drug liraglutide. This medication was approved by the FDA in January 2010 for the treatment of type 2 diabetes.

During the approval process, the FDA raised questions about the safety of Victoza. Victoza is very similar to another diabetes drug, Byetta. Byetta has been linked to thyroid cancer.

In fact, the FDA determined that Victoza does significantly increase the risk of thyroid cancer in rodents. But, the drug was approved because researchers were unable to show a statistically significant risk to humans. In clinical trials, four patients developed thyroid cancer. Instead of banning the drug, the FDA required a “black box” label warning that those with a family history of thyroid cancer should not take the drug.

A “black box” label was also issued warning of a risk to those with a history of pancreatitis. Seven of the patients participating in clinical trials developed pancreatitis.

Clinical trials take about five years. Diabetes lasts a lifetime. Unfortunately, many of the effects of dangerous drugs develop after long-term exposure.

If you are taking Victoza, you should be aware of the signs of Victoza thyroid cancer and pancreatitis. Signs of thyroid cancer include a mass in the neck, difficulty swallowing, hoarseness and shortness of breath. Signs of pancreatitis include persistent, severe abdominal pain, and, possibly, vomiting. Acute pancreatitis can cause organ damage and even death.

Why are dangerous drugs available to the public? Dallas drug injury attorney Kay Van Wey explains in her book, 7 Secrets the Pharmaceutical Industry Does NOT Want You to Know. Request your free copy.

To discuss a Victoza thyroid cancer or pancreatitis injury claim, contact Van Wey Law at 800-489-5082.

Update on Yaz & Yasmin Litigation: Parties Ordered to Mediation December 31, 2011

Fri, 27 Jan 2012 08:00:00 EST

Popular birth control pills Yaz and Yasmin have been found to cause serious adverse events in patients, including blood clots, heart attacks, strokes, and even death. Thousands of women injured by these drugs across the United States have brought lawsuits against the drugs’ maker Bayer.
Many of the cases were consolidated in the U.S. District Court for the Southern District of Illinois to streamline the litigation process. A trial against the drug maker had been scheduled for January 9th, but U.S. District Judge David Herndon ordered the parties to attend mediation first to try to settle.
Judge Herndon ordered the parties to participate in the mediation in good faith, and warned that if they don’t act in good faith, he will remand the cases to the original districts in which the suits were filed.

If in good faith the parties fail to mediate, the trial will resume on April 30th.
Controversy Surrounds Expert Witness
Former Food & Drug Administration (FDA) Commissioner David Kessler was to provide an expert opinion in the Yaz and Yasmin cases. He says that the recent Yaz Panel held by the FDA to determine the safety of Bayer drugs was compromised by members who had ties, some financial, to Bayer.
Bayer’s attorney moved to exclude Kessler’s expert opinion, arguing his position is mere speculation and that as a former commissioner, he cannot second guess the decisions made by the FDA.
Several consumer advocacy groups have called on the FDA to convene another panel and re-vote on the drugs because of the conflicts of interest of some of the original panel experts. The FDA has not said whether a new panel will be called.
Keep up-to-date on the latest news in Yaz and Yasmin lawsuits at www.vanweylaw.com.

Federal Actos Bladder Cancer Claims to Be Consolidated

Sat, 21 Jan 2012 08:00:00 EST

Are You Eligible to File an Actos Injury Claim? Act Fast to Protect Your Rights.

In early December, a judicial panel in Savannah, Georgia listened to the oral arguments for plaintiffs in Actos bladder cancer lawsuits filed against the Japanese company Takeda. These lawsuits were filed by individuals suffering from bladder cancer after taking the diabetes drug Actos.

Takeda sought to have all federal Actos injury claims consolidated and transferred to one presiding judge. The panel decided that all pending federal Actos lawsuits will be heard by a Federal judge in Louisiana.

In September, Takeda reported that 54 federal Actos lawsuits had been filed since the FDA announced that patients using Actos for one year or longer face an increased risk of contracting bladder cancer. Thousands of other claims have been filed in state courts. It is estimated that up to 10,000 Americans may be eligible to file Actos bladder cancer lawsuits.

Anyone who has been diagnosed with bladder cancer after taking Actos may seek compensation for medical expenses, pain and suffering, lost wages, and other damages associated with their bladder cancer. However, there is a time limit for filing an Actos lawsuit. Actos injury victims who wait too long may lose their right to take legal action against Takeda.

To learn if you have a Texas Actos injury claim, contact a Dallas drug injury lawyer.

Dallas dangerous drug injury lawyer Kay Van Wey has written a book about dangerous drugs. Get your free copy of 7 Secrets the Pharmaceutical Industry Does NOT Want You to Know by clicking on the link at the top of the page. To schedule a free consultation with Ms. Van Wey, contact Van Wey Law at 800-489-5082.

Will Actos Bladder Cancer Lawsuits Stop Sales of This Dangerous Drug?

Fri, 20 Jan 2012 08:00:00 EST

Takeda Pharmaceutical Company, the Japanese manufacturer of Actos, is being sued by thousands of patients across the United States who believe that the diabetes drug caused their bladder cancer.

Actos, the brand name for pioglitazone hydrochloride, was developed by Takeda to treat Type-2 diabetes. Actos has been prescribed in the United States since 1999.

In 2007, it was recognized that Actos could increase a patient’s risk of congestive heart failure. The U.S Food and Drug Administration (FDA) posted a warning on Actos labels. The FDA posted similar warnings that the drug could cause edema and fractures. Actos was also linked to kidney and liver failure.

Despite the warnings, sales of Actos soared. In 2020, Takeda made almost five billion dollars from the sale of Actos. The same year, a warning was posted linking Actos to bladder cancer.

Bladder cancer affects almost 70,000 Americans each year. About 14,000 die from the disease. Severe bladder cancer can affect the prostate, rectum, uterus, or vagina. In some cases, it can spread to the bones, lungs, and liver.

In July 2011, two European countries suspended the sale of Actos after a study in France found a strong correlation between Actos use and bladder cancer risk. In August, the FDA posted a black box warning of the link to bladder cancer on Actos Labels. Thousands of Actos injury lawsuits were filed. In 2011, sales of Actos dropped.

It is estimated that more than 10,000 Americans will sue Takeda Pharmaceuticals for Actos bladder cancer claims. If you are suffering from bladder cancer after taking Actos for the treatment of diabetes, you may be eligible for compensation for your injury through an Actos injury lawsuit. To discuss your drug injury case with a Dallas Actos lawsuit attorney, contact Van Wey Law at 800-340-2620.

Dangerous Drugs in Dallas: Should Yaz Be Marketed to Teens?

Thu, 19 Jan 2012 08:00:00 EST

The birth control pill Yaz is also approved to treat moderate acne; perhaps this is why Yaz is the most popular birth control pill among teenagers age 13 to 18. Yaz, an oral contraceptive containing the synthetic hormone drospirenone is a fourth-generation birth control pill. Others include, Yasmin, Ocella, Gianvi, Zarah, Safyral, Beyaz, Syeda, Loryna, and Vestura. These medications have been linked to dangerous side-effects including blood clots, pulmonary embolism, stroke, cardiac arrest, and gallbladder problems.

In December, MSNBC published a news story about 19-year-old Lynsey Lee, a teen from Tennessee. Lynsey began taking Yaz when she was 16. She was prescribed the medication to help with severe menstrual cramps and pelvic pain. Instead, her pain got worse. She also experienced mood swings and nausea. She started having chest pains. The pain was so bad that sometimes she had trouble breathing. At first, her doctors could not figure out what was wrong. Then they found a blood clot in her left lung. The doctors asked Lynsey, “Have you taken Yaz?”

It is too dangerous to remove the clot, so Lynsey takes blood thinners in order to prevent further damage. The Yaz blood clot leaves her tired and in pain. She missed her senior prom and had to give up a prestigious dance scholarship to Vanderbilt University.

Lynsey is just one of more than 10,000 young women who are filing lawsuits against Bayer, the pharmaceutical company that makes Yaz. The first of these Yaz injury lawsuits will go to trial in January 2012. Given the health risks associated with Yaz, is it appropriate for this dangerous medication to be marketed towards teenage girls?

Do you have a story like Lynsey’s? You deserve accountability. Dallas Yaz injury attorney Kay Van Wey can help. Contact Van Wey Law at 800-489-5082.

Will Actos Bladder Cancer Lawsuits Stop the Sale of Actos Generics?

Wed, 18 Jan 2012 08:00:00 EST

Takeda Pharmaceuticals, the manufacturer of Type 2 diabetes drug Actos, is facing thousands of Actos bladder cancer lawsuits. Several studies have linked the use of Actos and other drugs containing pioglitazone to an increased risk of bladder cancer in diabetic patients. However, these lawsuits may not be enough to stop the future sales of generic forms of Actos.

The Takeda Pharmaceuticals patent on Actos expires in August 2012. This will allow other manufacturers to create their own forms of the drug.

In 2010, sales of Actos generated nearly $5 billion in revenue for Takeda Pharmaceuticals. Sales dropped in 2011 as a result of an increasing number of Actos injury lawsuits filed against Takeda, but Actos still has a significant share of the diabetes drug market. This makes it tempting for drug companies to introduce generic forms of the drug. These generic drugs may carry the same health risks under new names.

The U.S. Food and Drug Administration (FDA) posted its first safety warning linking Actos to potential health risks in September 2010. Adverse Actos side-effects include fractures, macular edema, kidney problems, liver problems, and heart attack. In June 2011, the FDA issued a black box warning after two separate studies linked Actos to bladder cancer. The warning states that taking Actos for a year or longer may significantly increase a patient’s risk of developing bladder cancer. There are currently no plans to suspend sales of the drug.

If you have been diagnosed with bladder cancer after using Actos, you may have an Actos injury case. You may be eligible for damages through an Actos bladder cancer lawsuit. To discuss your case with a Dallas Actos injury attorney, contact Van Wey Law at 800-489-5082.

Bicyclist Seriously Injured after Being Hit by Car

Mon, 16 Jan 2012 08:00:00 EST

January 14, 2012—Dallas Torres was riding his bicycle on Jefferson Boulevard Saturday afternoon when he was struck by a car. As he was thrown up and into the windshield of the car, his neck was broken, and he suffered other very serious injuries.
The accident happened just south of downtown on a major bridge that is need of several upgrades. Unfortunately, the Dallas City Council has said that the city does not have the funds to add 840 miles of bike lanes to the road.
Last year, the city announced that it would be adding hundreds of miles of bike lanes in Dallas, which would come with a price tag of $16 million. City Councilwoman Angela Hunt said that the bridge is one of the top priority projects for the city, but that the city just does not have the funds for the project at this time.
The city expects that budget shortfalls will keep the project on hold, unless enough donations are raised to add the bike lanes.
Torres is expected to make a full recovery, and our thoughts go out to him and his family.

Do You Take Yaz? Here's What You Need to Know about Hyperkalemia.

Mon, 16 Jan 2012 08:00:00 EST

Are you taking Yaz, Ocella, or another birth control pill containing drospirenone? Birth control pills containing drospirenone have been linked to hyperkalemia, a condition where there is too much potassium in the blood. The excess potassium can lead to life-threatening medical conditions including irregular heart beat and cardiac arrest.

Under normal conditions, potassium is a vital nutrient that helps our cells function and helps our nervous system work properly. It is necessary for digestion and metabolism. Potassium is also involved in muscle contraction and the regulation of heartbeats. Medications containing drospirenone have the potential to increase the potassium level in the body. This means that body systems which use potassium can be thrown out of balance.

Symptoms of hyperkalemia include nausea, weakness, slow or weak pulse, change in breathing patterns, or an irregular heartbeat, but not all women with hyperkalemia experience symptoms. There may also be changes in nerve and muscular control. Cardiac arrest can occur in anyone with hyperkalemia, even if they have not experienced other symptoms.

If you experience an irregular or rapid heart rate while taking Yaz, it is important that you see your doctor. Tell your doctor that you are taking a medication containing drosperinone and ask about the risk of hyperkalemia. Early treatment can prevent deadly complications.

Dallas Yaz injury attorney Kay Van Wey works to hold big pharmaceutical companies accountable for injuries caused by dangerous drugs If you have suffered from heart problems while taking Yaz, Ocella, or a similar medication, you may have a Yaz injury lawsuit. To learn more, contact Van Wey Law at 800-489-5082.

Surgical Mesh Injuries Highlight Flawed FDA Approval Process

Wed, 11 Jan 2012 08:00:00 EST

In a bold move January 4th, the Food and Drug Administration (FDA) ordered manufacturers of surgical mesh to conduct studies on the risks associated with the popular medical devices.
In 2002, transvaginal mesh was approved to treat pelvic organ prolapse. Each year, more than 100,000 women receive implants of transvaginal surgical mesh.
This new order by the FDA comes after patients have been complaining for years of serious injuries linked to the surgical mesh. Patients who have been injured have experienced bleeding, pelvic pain, infections, urinary tract injuries, bladder perforation, pain during sexual intercourse, and projection of the mesh through the vaginal tissue.
An estimated 1,000 adverse events involving transvaginal mesh were reported between 2005 and 2007. That number grew to more than 3,000 between the years 2008 and 2010, including seven deaths, prompting the FDA to require additional studies.
Surgical mesh was approved by the FDA under its 510(k) review process. Based on 510(k), a medical device that is classified as either a moderate- or low-risk device and that is substantially equivalent to another device already on the market can be cleared for sale on the market.
A medical device that has been cleared under 510(k) does not have to undergo additional studies, unless ordered by the FDA. At this point, all the medical device manufacturer needs to worry about is reporting serious injuries or malfunctions linked to the device to the FDA within 30 working days of the manufacturer becoming aware of the injury.
The FDA’s order is too little too late. Under 510(k), the FDA rushes its approval process, putting patients at risk of experiencing serious, sometimes fatal injuries. Only after these dangerous injuries come to light does the FDA require more in-depth studies.
If you or a loved one suffered an injury from a transvaginal surgical mesh implant, call experienced defective medical device attorney Kay L. Van Wey today at (214) 329-1350 or (800) 489-5082. You may be entitled to compensation for your injuries.

79 Cars Involved in Early Morning Crash near Port Arthur

Fri, 06 Jan 2012 08:00:00 EST

January 6, 2012—Officials say fog and smoke contributed to a 79-car accident on Highway 73 near the Port Arthur, Texas area. An estimated 54 people were injured in the massive Texas car wreck.

The initial car wreck involved four cars, but as visibility became worse, more reports went into 911 dispatchers of subsequent crashes.

Texas Department of Public Safety Trooper Stephanie Davis said she had never seen a crash as large as this one in rural Jefferson County. Officials say the massive wreck happened when fog entered the area and combined with smoke from the nearby McFaddin Wildlife Refuge fire.

In all, 22 separate crashes happened on that stretch of Highway 73, causing at least two vehicles to catch on fire. Four people involved in the pileup were taken to local hospitals in critical condition.

Troopers issued citations to at least 18 drivers for failure to control speed and driving with a suspended license, among other things.

Update on Actos Lawsuits for Texas Consumers as of December 30, 2011

Fri, 06 Jan 2012 08:00:00 EST

The popular diabetes drug Actos has been shown to cause bladder cancer in some patients who take the drug. Earlier this year, the Food & Drug Administration (FDA) issued a public health statement about the risks of contracting bladder cancer while taking Actos.

Lawsuits have been filed across the United States by plaintiffs alleging that Actos’ manufacturer, Takeda Pharmaceuticals, failed to adequately warn consumers about the risk of contracting bladder cancer.

A hearing by a U.S. Judicial Panel on Multidistrict Litigation was held earlier this month to determine whether Actos lawsuits should be consolidated into a Multidistrict Litigation (MDL) lawsuit. An MDL lawsuit allows all of the lawsuits to be consolidated into one court, but gives each case the right to retain its individual status.

On December 30, 2011, the federal Judicial Panel consolidated the lawsuits and sent them to be heard before the Western District of Louisiana in Lafayette. U.S. District Judge Rebecca Doherty will be overseeing the pre-trial proceedings.

The panel ruled that “Centralization in the Western District of Louisiana will serve the convenience of the parties and witnesses and promote the just and efficient conduct of this litigation.”

The new Actos MDL will streamline pre-trial proceedings, which will make litigation more cost effective. Lawsuits already filed may be returned to the court in which they were originally filed after pre-trial proceedings are finished.

Van Wey Law will be posting regular updates on the status of the Actos MDL.

If you or a loved one took Actos and suffered bladder cancer, experienced dangerous drug attorney Kay Van Wey may be able to help you. Call Van Wey Law today at (214) 329-1350 or toll free at (800) 489-5082.

Medical Device Manufacturers Ordered to Study Risk of Surgical Mesh Injuries

Thu, 05 Jan 2012 08:00:00 EST

In an order issued January 4, 2011 by the Food & Drug Administration (FDA), manufacturers of surgical mesh were required to study the products’ risks.

But this may be too little too late for the thousands of women who have suffered serious injuries from the medical devices, including infections, mesh erosion, bleeding, and pain. An estimated 30 to 50 percent of American women suffer from pelvic organ prolapse, which is commonly treated by implanting transvaginal mesh into the affected area.

Surgical mesh is not the first dangerous medical device that has slipped through the oversight of the FDA. Last year, the FDA required manufacturers of all-metal artificial hips to undertake additional studies after thousands of reports came in that the artificial hips were causing serious injuries in patients.

Both the surgical mesh and the artificial hips were evaluated under 510(k) review, which allows moderate-risk devices that are substantially equivalent to devices already on the market to be approved in as little as 90 days. Companies that get their devices through 510(k) review do not have to conduct additional studies on the devices before marketing them to consumers.

After a medical device has been cleared under 510(k), the manufacturer is required to report any serious injury associated with the device to the FDA within 30 working days of becoming aware of the injury. Any deaths associated with the device must be reported within 10 working days of the manufacturer becoming aware of the death.

The new requirement comes nearly four years after the FDA issued a warning that the use of surgical mesh could cause complications in some patients. At that time, the FDA reported that the problems were rare, but between 2008 and 2010, the number of adverse events reported with surgical mesh increased nearly five times.

The FDA has been criticized for its 510(k) review process, but the agency has not shown any indication that it plans to get rid of the process completely. For now, the FDA is using its authority to order emergency studies be conducted by manufacturers that have had potentially dangerous devices approved under 510(k) review.

If you or a loved one has been injured by surgical mesh, you may have a claim against the device manufacturer. Call experienced defective medical device attorney Kay Van Wey today at (214) 329-1350 or (800) 489-5082 to learn more about your legal rights.

Good Samaritan Struck by Car, Killed

Wed, 04 Jan 2012 08:00:00 EST

Tammy Rhoades of East Texas was heading home from her 45th birthday celebration with friends this past Monday when she noticed a car stalled in the right-hand lane of Interstate 45 in Conroe. She stopped to help the man who had a flat tire.

Rhoades pulled up behind the man’s car and turned her flashers on to alert other drivers of the stopped vehicles. Shortly thereafter, Rhoades’ car was struck by a drunk driver.

The impact was so strong that her car was unrecognizable. The car’s seats were blown through the floor board and the rear end of the car was smashed into the front.

Conroe police arrested 21 year-old Tyler Shelton and charged him with intoxication manslaughter.

Our thoughts go out to the family and friends of Tammy Rhoades in this difficult time.

Texas Roads Safer Thanks to New Federal Rule

Wed, 04 Jan 2012 08:00:00 EST

A new federal rule went into effect January 3, 2012 that bans commercial bus and truck drivers from using hand-held cell phones while driving. The final rule was announced on November 23, 2011 by U.S. Secretary of Transportation Ray LaHood.

Effects of the Rule
The ban on hand-held cell phone use was promulgated by the Federal Motor Carrier Safety Administration (FMCSA) and the Hazardous Materials Safety Administration (PHMSA).

FMCSA Administrator Anne S. Ferro fought hard for the ban, saying “It’s just too dangerous for drivers to use a hand-held cell phone while operating a commercial vehicle. Drivers must keep their eyes on the road, hands on the wheel, and head in the game when operating on our roads. Lives are at stake.”

Approximately four million commercial drivers are affected by the ban. Any commercial driver caught violating the new rule will face a fine of $2,750 for each offense and may have his/her license suspended if caught more than once.

Several large companies have already instituted policies to ban their drivers from using hand-held cell phones while driving. Companies that allow their drivers to use hand-held cell phones will face a maximum of $11,000 in fines.

Just Put It Down & Save Lives
In 2009, an estimated 5,474 people died in car wrecks that involved distracted driving in the United States. More than 3,000 of those people were killed in Texas car wrecks.

Research shows that using a hand-held cell phone while driving impairs a driver just as if the driver has a blood alcohol level of .08 percent. In addition, using a hand-held cell phone while driving puts a driver at a six times greater risk of being involved in a serious Texas car accident.

The results of distracted driving are even more disastrous when larger vehicles are involved. “When drivers of large trucks, buses and hazardous materials take their eyes off the road for even a few seconds, the outcome can be deadly,” LaHood says.

To help stop distracted driving and save lives, take the Just Put It Down Pledge today. The life you save may be your own.

FDA Requires Update to Dangerous Side Effects on Yaz/Yasmin Label

Tue, 03 Jan 2012 08:00:00 EST

On December 8th, experts at the Food and Drug Administration (FDA) met to determine the future of the birth control pills Yaz and Yasmin. Rather than take the drugs off the market, FDA experts voted to require manufacturer Bayer to change its drug labels and include more warnings about the potential risk of blood clots.

The FDA called the meeting after its study and four others revealed that the risk of blood clots is higher with Yaz and Yasmin than with other birth control pills. Experts who participated in the meeting voted 21 to 5 to update the label, while only 15 experts voted that the pills are a beneficial option for women seeking to prevent pregnancy.

Those who voted against the drug cited that there are other birth control pills on the market that work just as well as Yaz and Yasmin to prevent pregnancy. One expert, Mark Woods of New York University School of Medicine, said “I can see no real group of patients that this drug benefitted over existing alternatives. Without any clear benefit, and given the potentially catastrophic risk, I voted no.”

Despite the vote in favor of a label change, the FDA has not yet set a schedule for when the labels must be changed.

Dangerous Side Effects More Common with Yaz/Yasmin
Bayer, the manufacturer of Yaz and Yasmin, conducted two studies in which the risk of blood clots was found to be no higher with Yaz or Yasmin than with other birth control pills. But the FDA’s study of the drugs concluded that the risk of blood clots in women taking Yaz and Yasmin was 75 percent higher than with other birth control pills.

Several patients who suffered blood clots and their families testified before the panel. One of the family members spoke of how she lost her 20 year-old daughter on Christmas Eve of 2008 when a blood clot traveled to her lung, killing her. Her daughter had been on Yasmin for two months.

Know Your Legal Rights
An estimated 6,000 lawsuits are pending against Bayer throughout the United States, with women claiming that Bayer failed to warn them about the increased risk of blood clots.

If you took Yaz, Yasmin, or another birth control pill that contains Drospirenone, and suffered a blood clot, you may have a claim against the drug’s manufacturer. Call experienced dangerous drug attorney Kay Van Wey today at (214) 329-1350 or (800) 489-5082.

FDA Issues New Warnings About The Risks Of Transvaginal Mesh

Fri, 30 Dec 2011 08:00:00 EST

Surgical mesh has been used to repair hernias for almost 60 years. In the 1970’s, surgeons began using the mesh designed for hernia repairs to reinforce the vagina and repair pelvic organ prolapse. In 2002, the FDA first approved a surgical mesh to be used specifically for the treatment of pelvic organ prolapse. Now the FDA is warning that transvaginal mesh implants may cause serious risks.
In the last three years, the FDA has received 2874 reports of adverse effects including:

Protrusion or erosion of the mesh from vaginal tissue
Pain
Infection
Bleeding
Urinary tract problems
Organ damage

One study found that as many as ten percent of women who receive transvaginal mesh implants experience mesh erosion in the first year after surgery. The risk increased with a vaginal incision (compared to an abdominal incision), hysterectomy, smoking and age.
Most complications occurred at least one month after surgery. The usual treatment is removal of the mesh through surgery. In many cases, multiple surgeries are required.
If you have had transvaginal mesh surgery, it is important that you see your gynecologist for routine check-ups. Let any new doctor know that you have a mesh implant. Notify your doctor immediately if you have any symptoms including persistent vaginal bleeding, unusual discharge, pelvic pain or pain during intercourse.
If you have suffered mesh erosion after transvaginal mesh implant surgery, you may have a Texas dangerous medical device claim. Dallas medical device injury attorney Kay Van Wey helps those injury victims receive compensation and accountability for their injuries through Texas vaginal mesh lawsuits. To learn more, contact Van Wey Law at 800-489-5082 today.

Safe Driving During the Holidays and Year-Round

Fri, 30 Dec 2011 08:00:00 EST

With the New Year coming up, drivers are constantly being reminded not to drink and drive.

Fatalities due impaired driving have declined over the past couple of years, but still account for one third of all fatal accidents in the United States.

Texas Has Highest Fatality Rate
The most recent data available shows that an estimated 3,104 Texans died in alcohol-related traffic accidents in 2009. Texas had the highest number of fatalities in both 2009 and in 2010, when an estimated 2,998 Texans died in alcohol-related crashes.

Keep Texas roads safe and avoid a potentially deadly Texas car wreck by choosing a designated driver. The designated driver should not drink, as just one glass of beer or alcohol increases your risk of being involved in a Dallas car accident.

Even drivers who think they are simply “buzzed” tend to drive at higher speeds than those who have not been drinking and tend to not be bucked up.

Designated a sober driver for the night or calling a cab will reduce your chances of being involved in a dangerous Texas car wreck.

“Drive Sober or Get Pulled Over”
The National Highway Traffic & Safety Administration (NHTSA) has started a public service ad campaign to remind drivers not to drive after drinking. Law enforcement agencies in Texas will be on the lookout for drivers they believe to be impaired.

In all 50 states, a blood alcohol concentration of .08 or higher is illegal. If you choose to drive drunk, you may be sent to jail or worse, be involved in a dangerous Texas car wreck.

The holidays are not the only times drivers choose to drive drunk. Drivers should be conscious of their drinking before getting behind the wheel at all times.

Some accidents are unavoidable. If you or a loved one were injured by a drunk driver, contact one of our experienced Texas car wreck attorneys at Van Wey Law at (214) 329-1350 or (800) 489-5082.

FDA Says: The Risks Of Transvaginal Mesh May Outweigh The Benefits

Tue, 27 Dec 2011 08:00:00 EST

Have you had a pelvic organ prolapse repair using surgical mesh?
You may be at risk for serious complications. The FDA recently announced that it will be reevaluating the use of surgical mesh for the repair of transvaginal pelvic organ prolapse after receiving numerous reports of complications and injuries related to the medical device.
Injuries associated with transvaginal mesh include:

Pain
Infection
Bleeding
Urinary problems
Vaginal erosion (mesh protruding out of vaginal tissue)
Organ damage from the mesh and from tools used in mesh placement

Treatment of these injuries may require additional surgeries to repair the damage and, if necessary, to remove the mesh. Often, the mesh cannot be completely removed, and the victim is left experiencing chronic pelvic pain.
How do you know if you are at risk of serious complications from a transvaginal mesh implant?
Most injuries occur in the first two years after surgery. However, the risk of vaginal bleeding, pain during sexual intercourse, and severe pelvic pain remains years after an implant. If you feel fine, you do not need to be concerned. Mention the vaginal mesh to your doctor at your next annual exam. If you do feel symptoms, it is important that you see a doctor right away. You don’t want to risk additional damage.
Do you have a Texas transvaginal mesh injury claim?
Dallas personal injury attorney Kay Van Wey represents those injured by defective medical devices in Texas. To learn more contact Van Wey Law at 800-489-5082 today.

Early Detection is Essential to Fighting Actos Bladder Cancer in TX

Tue, 20 Dec 2011 08:00:00 EST

Over 70,000 Americans are diagnosed with bladder cancer each year. For most men, the risk of contracting bladder cancer is one in 30; for women the risk is one in 90. Roughly 14,000 people will die from the illness every year.

The statistics sound bleak, but there may be hope for victims of bladder cancer: early detection. The five-year survival rate for those who begin early treatment for bladder cancer is 85 percent.

If you are taking Actos, you have an increased chance of contracting bladder cancer. Because early detection is the key to surviving this cancer, it is important that all patients taking Actos know the signs and symptoms of bladder cancer. Warning signs of bladder cancer include:

Blood in the urine
Pain when urinating
Urinary urgency
Lower back pain
Abdominal pain

Loss of apatite
Unexplained weight loss

If you are taking Actos, always mention any unusual symptoms to your doctor.

Tumors that are detected early can be removed through a simple outpatient procedure. However, if the tumor has grown through the wall of the bladder or has spread to other organs, chemotherapy or radiation treatment may be necessary. The five year survival rate for patients with advanced bladder cancer is 65 percent.

If you have been diagnosed with bladder cancer after taking Actos in Texas, you may be entitled to compensation. To learn more about your Texas dangerous drug claim, call 800-489-5082 to schedule a free consultation with Dallas Actos Attorney Kay Van Wey.

Side-Effects of Generic Birth Control: Coping with a Texas Drug Injury

Mon, 19 Dec 2011 08:00:00 EST

Yaz has been sold in the United States since 2006. It is marketed to young women with promises to produce lighter periods, reduce the symptoms of PMS and PMDD (Premenstrual Dysphoric Disorder), and even to clear up acne.

These positive effects sound great to women who associate birth control pills with weight gain and moodiness; however, Yaz and Yaz generics have a dark side. Women who take Yaz and similar drugs are twice as likely to develop serious side-effects as women who take other types of birth control pills. These side effects include stroke, deep vein thrombosis, heart attack and pulmonary embolism.

Yaz and its generics contain a combination of an ethinyl estradiol (an estrogen) and drospirenone (a progestin). Drospirenone is the revolutionary fourth-generation ingredient that allows Yaz to produce lighter periods, reduce bloating and breast tenderness, and even improve acne. However, multiple studies have linked drospirenone to an increased risk of blood clots, gallbladder disease and pancreatitis.

More than 7,000 lawsuits have been filed on behalf of women who have suffered from the dangerous side-effects of drospirenone. If you have suffered a heart attack, stroke, deep vein thrombosis, pulmonary embolism, gallbladder disease or pancreatitis after taking of the following medications, you may have a Texas dangerous drugs claim:

Yaz
Yasmin
Gianvi
Ocella
Zarah
Safyral
Beyaz
Syeda
Loryna
Vestura

To learn more about Texas birth control side effects, contact Dallas Yaz lawsuit attorney Kay Van Wey at 800-489-5082. We provide a free consultation to all new clients.

Expect Traffic on Texas Roads over the Holidays

Mon, 19 Dec 2011 08:00:00 EST

Today marks another busy holiday travel day. AAA Texas expects that 7.5 million Texas drivers will be on the roads starting today through the New Year holiday, travelling 50 miles or more from home.

Travel around Texas is expected to be up 2.6 percent from this time last year, and Texans are expected to travel an average of 817 miles over the holidays. But a fierce winter storm could delay travel in West Texas and around the state.

Prepare for Blizzard Conditions in West Texas

Blizzard conditions are expected in the panhandle of Texas as a winter storm moves through. Drivers should expect to encounter blowing snow and low visibility. Interstate 40 will be closed from eastern New Mexico into Texas.

Experts warn that this storm could be life-threatening, especially to those travelling on the roads. Areas around Amarillo are expecting to see as much as 18 inches of snow from this storm. Winds are expected to gust up into the 40 mph range and higher.

The storm will pass through Monday and be gone by the end of the day on Tuesday, but temperatures will stay below freezing, which means the roads will continue to be frozen, posing a danger to drivers. Any drivers planning to travel to West Texas should try to delay their travel. If you cannot delay your travel to the region, be sure to pack plenty of blankets, food, and water in case you break down on the road.

For more tips on holiday travel safety in Texas, visit www.vanweylaw.com.

Heavy Rain & Thunderstorms Expected in North Texas, Austin & Houston

The same storm system that is expected to cause havoc in West Texas will also be moving through the rest of Texas Monday evening into Tuesday morning. Drivers in North Texas can expect to see rain for much of the day Monday.

Austin and Houston drivers may see hail and strong winds from these storms. Drivers should plan to encounter potentially severe weather in these parts of Texas.

If you plan to travel during this busy holiday season, get tips on how to stay safe at www.vanweylaw.com. And remember to just put it down and stop distracted driving. The life you save may be your own.

Finnish Study Links SSRI Use to Heart Defects in Newborns

Fri, 16 Dec 2011 08:00:00 EST

Is your baby suffering from a heart defect? If you took an antidepressant such as Prozac, Zoloft, Cymbalta or Paxil during your pregnancy, you may have a Texas dangerous drugs claim.

Up to 20 percent of women experience depression or anxiety during pregnancy. These conditions are often treated with antidepressants known as Selective serotonin re-uptake inhibitors or SSRI. Unfortunately, use of SSRIs in pregnancy has been linked to several dangerous birth defects. A new study links suggests these antidepressants cause congenital heart defects in infants.

Researchers from Finland published a study in the July issue of Obstetrics and Gynecology that provides additional evidence linking the use of antidepressants known as SSRIs to birth defects, especially heart abnormalities. The doctors participating in the study analyzed data collected in the Finnish nationwide birth registry from 1996 to 2006. The data covered 635,583 births; 6,979 of the infants were exposed to SSRIs during the first trimester of pregnancy. The study found that women who take SSRIs during early pregnancy are twice as likely to deliver babies with isolated ventricular septal defects and four times more likely to deliver babies with right ventricular outflow tract defects.

While the risk of either type of heart defect is small, the study confirms and supports the results of numerous other studies linking SSRI use to birth defects. The researchers say the increased risk is enough for doctors to use caution and avoid prescribing SSRIs to women who are pregnant or plan on becoming pregnant.

If your baby is suffering from a heart defect. Let Dallas SSRI birth defect attorney Kay Van Wey help you get the compensation you need to help your child. Contact Van Wey Law at 800-489-5082 to learn if you have a Texas drugs side effects claim.

Generic Yaz Approved: Are You at Risk of Vestura Side Effects in Texas?

Fri, 16 Dec 2011 08:00:00 EST

This week, Watson Pharmaceuticals Inc. was granted approval by the FDA to produce a generic version of the popular birth control pill, Yaz. The new version of the drug will be known as Vestura.

Many women who are worried about Yaz side effects in Texas and effects from similar drugs such as Yasmin, Safyral and Beyaz may not realize that generic versions like Ocella, Syeda, Zarah, Gianvi, Loryna and Vestura carry the same risks.

These drugs contain the active ingredients ethinyl, estradiol and drospirenone. Drugs containing drospirenone have been linked to a 75 percent increased risk of serious blood clots including deep vein thrombosis and pulmonary embolisms. Women who take birth control pills containing drospirenone also have double the risk of heart attack or stroke, as well as an increased risk for gallbladder disease and pancreatitis. In fact, despite FDA approval of these new generic birth control pills, an FDA panel will be meeting this week to discuss whether additional regulation is needed to protect women from blood clots associated with drugs that contain drospirenone.

Despite the fact that these complications have affected thousands of women, Yaz and its generic versions are among the best-selling drugs in the United States. Yaz sales currently total more than $173 million a year.

How are these potentially dangerous drugs approved and made available to the public? Learn about Yaz, Vestura and other potentially dangerous birth control pills in Dallas Yaz injury lawyer Kay Van Wey’s book, 7 Secrets the Pharmaceutical Industry Does NOT Want You to Know. You can get your free copy by clicking the link on the top of the page.

To discuss your own injury claim with a Texas dangerous drugs attorney, contact Van Wey Law at 800-849-5082.

Deadly Motorcycle Wreck on Interstate 30

Mon, 12 Dec 2011 08:00:00 EST

A police officer with the Balch Springs Police Department was killed early Sunday morning when he lost control of his motorcycle and fell 50 feet over a railing on Interstate 30.

The wreck happened at the Cesar Chavez Boulevard ramp heading eastbound on Interstate 30. Officials say Officer Matthew Garcia lost control when he failed to negotiate a curve and was ejected from his motorcycle.

Officer Garcia was not on duty at the time. His wife was following him in her car when she saw the accident happen.

For tips on motorcycle safety, visit www.vanweylaw.com. Our condolences go out to the family and friends of Officer Garcia.

Dangerous Drugs in Texas: FDA Warns Fosamax May Cause Femur Fractures

Fri, 09 Dec 2011 08:00:00 EST

Have you suffered a femur fracture or bone disease after taking Fosamax? You are not alone.

In September, two separate advisory panels for the Food and Drug Administration (FDA) recommended a revision of the labels on Fosamax and other drugs used to treat osteoporosis in women.

More than five million women in the United States take Fosamax in order to maintain bone strength and prevent bone fractures. But, when taken for extended periods, the drug has the potential to cause more damage than it prevents. The FDA became concerned about the long-term safety of Fosamax after receiving numerous reports about low-trauma femur fractures, bone infection, and bone death in patients taking Fosamax. Most of these patients had been taking the drug for more than five years, but some had taken it for as little as three years.

The advisory panel met to discuss the findings revealed in a 45 page report about the safety of Fosamax. The FDA report stated that there is “no significant advantage of continuing drug therapy beyond five years.”

Although the FDA panel recommended new warnings, the FDA did not specify what the new safety warnings would say and whether they suggest limiting the use of the drug to a proposed five years.

The revised labels are expected to come out in November. They will be placed on Fosamax and other bisphosphonates, including Actonel and Boniva.

If you have suffered a femur fracture while taking Fosamax, you may have a Texas dangerous drugs claim. To learn if you have a case, contact a Dallas personal injury attorney at Van Wey Law, 800-489-5082.

Heightened blood clot risk of certain birth control pills gets FDA's attention

Tue, 06 Dec 2011 08:00:00 EST

Several scientific studies have shown that birth control pills Yaz and Yasmin increase the risk of blood clots. Yaz and Yasmin contain the synthetic hormone drospireinone, which is believed to cause dangerous, potentially deadly, blood clots, which can cause strokes, heart attacks, and pulmonary embolisms.

Due to the known increased risk of blood clots with these birth control pills, the FDA has decided to address the issue to determine whether stronger warning labels should be required. Lawyers suing Bayer on behalf of patients injured by the drug have offered to share evidence they have uncovered in the litigation with the FDA. Turns out that documents produced in the Yaz/Yasmin litigation against Bayer suggest that Bayer withheld data from the FDA about the blood clot risks of their drugs.

At least one document suggests that Bayer knew the reports of blood clots with Yasmin were significantly higher than those for three other oral contraceptives. Unfortunately for patients, Bayer pointed the FDA to another study, which it said was more definitive and did not show an increased risk of blood clots.

One of the experts retained in the litigation is Dr. David Kessler, a former FDA commissioner. He opined, "Based on the information I have reviewed, and it is my opinion, that Bayer presented a selective view of the data, and that presentation obscured the potential risks associated with Yasmin."
Unfortunately, the FDA refused to accept the plaintiffs documents, citing that the deadline had passed.

One has to wonder if Bayer had provided the FDA with all of the information it had about the increased risk of blood clots, whether these newer generation birth control pills would have been approved. Of course, Bayer had a vested interest in getting the drug approved for sale, regardless of the known risk to women.

This is an example of "same song. second verse," wherein Big Pharma pushes the FDA to get a drug approved, witholds critical data about the true risks associated with the drug, makes millions off the drug, and only after countless people have been seriously injured or died will the FDA take action.

Oftentimes, dedicated trial lawyers who file lawsuits and expose the real truth about these drugs and the pharmaceutical companies that push them are able to get the drugs pulled off the market.

To learn more about prescription drug safety and the pharmaceutical industry, you can download a free copy of my book Prescription Drug Safety: 7 Secrets the Pharmaceutical Industry Does NOT Want You to Know.

Dallas Truck Wreck Shuts Down Interstate 635

Fri, 02 Dec 2011 08:00:00 EST

Just after 2 a.m. this morning, a semi-truck carrying automobiles hit Dallas police officer patrol cars. The officers had stopped to aid other drivers near Hillcrest Road.

The driver of the semi-truck tried to avoid hitting the patrol cars, but the roads were slick from overnight rain. After hitting the two vehicles, the semi-truck jackknifed, which forced a shut-down of Interstate 635. Two officers were taken to the hospital with unknown injuries.

Police tested the semi-truck driver’s blood alcohol concentration. He was under the legal limits, but under Texas law, a driver with a commercial license operating a commercial vehicle commits an offense if he/she consumes any alcohol while operating that commercial vehicle.

A second unrelated crash also involving a police officer patrol car happened nearly 30 minutes after the first, also on Interstate 635. In that crash, the officer was stopped on the side of the road, helping another vehicle when he was hit from behind.

The gas tank of the patrol car was ruptured, and a hazardous materials clean-up crew had to be called out to clean up the fuel. The officer was also taken to the hospital.

Police say the wet, slick roads may be to blame for the accidents.

Florida Woman Caught on Fire During Operation

Fri, 02 Dec 2011 08:00:00 EST

Earlier this year, one of my former clients was featured on the Dallas CBS station in news story about his routine surgery that turned out to be anything but routine. Andre Velasquez was only seven years-old when he was caught on fire during a tonsillectomy.

The story brought to light what many patients are unaware of—the risk of surgical fires in even routine procedures.

Experts estimate that as many as 650 surgical fires occur every year. Unfortunately for one Florida mother, she has become yet another victim.

Kim Grice, a 29 year-old mother of three was caught on fire during a routine surgery to remove cysts from her head. Her burns were so bad that she had to be helicoptered from the outpatient surgery center in Crestview, Florida to a hospital in Alabama with a burn unit.

Ms. Grice experienced what is known as a flash fire, which caused burns on her face and neck. At this time, the cause of the fire is still being investigated.

For a surgical fire to occur, three elements must be present: an ignition source, a fuel source, and an oxidizer. According to the Food & Drug Administration (FDA), “most surgical fires occur in oxygen-enriched environments, when the concentration of oxygen is greater than in ordinary room air.” During Ms. Grice’s operation, she was wearing a non-rebreathable oxygen mask.

According to a statement released by the North Okaloosa Medical Center and posted on the Crestview News Bulletin, the hospital said “we are conducting a thorough review to fully understand what happened in a deliberate effort to prevent such an event from occurring again. Our highest priority is always the safety of our patients.” Still, this is probably of little comfort to Ms. Grice and her family. Our thoughts go out to her and her family during this difficult time.

If you would like to learn more about surgical fires, download my free book Fire in the Operating Room: A Preventable Tragedy at www.vanweylaw.com.

Dallas Street Race Turns Deadly

Wed, 30 Nov 2011 08:00:00 EST

A Highland Park teenager died when he lost control of the vehicle that he was street racing on Tuesday night.

Colin Taylor Stone was driving his BMW westbound on Northwest Highway when police believe he started racing another BMW at the intersection of Abrams Road. Nearly a mile later, at the intersection of Northwest Highway and Shady Brook, Colin lost control, striking four other vehicles.

Upon impact, Colin’s BMW erupted into flames. He was killed instantly. Others involved in the crash were taken to the hospital, but are expected to be okay.

Police say Colin reached speeds well over 100 miles an hour. The driver of the other vehicle Colin was racing has not been found, but police believe he may be a member of the swimming club at the Knights of Columbus pool off Northwest Highway that Colin also went to.

Neighbors in the area say street racing along Northwest Highway is a problem that needs to be stopped.

Dangerous Drug Yaz Linked To Pancreatitis

Wed, 30 Nov 2011 08:00:00 EST

You may know that birth control pills can increase your risk of heart attack or stroke, but did you know that that some of the best-selling birth control pills may also increase your risk of pancreatitis?

The pancreas is the top of the small intestine. It plays an active role in digestion and the regulation of glucose in the body. When the pancreas becomes inflamed, a condition is known as pancreatitis, the pancreas cannot do its job. The entire digestive system may be affected. If left untreated, pancreatitis can cause severe bleeding, infections, and permanent damage to the pancreas.

In 2011, the FDA issued a public health warning about Yasmin, Yaz, and pancreatitis. The oral contraceptives are linked to increased occurrence of pancreatitis in women with high levels of cholesterol, or a family history of developing hypertriglyceridemia, a disorder which affects fat cells.

Symptoms of Yaz-induced pancreatitis in Texas include:

Pain in the upper abdomen
Swelling in the abdomen
Nausea
Vomiting
Fever
Rapid heart beat
Sudden weight loss
Oily stools
Diarrhea
Pain when eating or drinking

Researchers aren’t exactly sure why Yaz and Yasmin increase the risk of pancreatitis in women. However, it is known that if left untreated, pancreatitis can lead to total failure of essential organs such as the heart, lungs, and kidneys. In some cases, pancreatitis can even cause death.

If you or a loved one has suffered from pancreatitis after taking Yaz or Yasmin, contact a Texas dangerous drugs attorney about your legal rights. To learn more, contact Van Wey Law at 800-489-5082 to speak to an attorney about your Dallas Yaz lawsuit.

Second Dallas Pedestrian Hit in Oak Lawn Neighborhood

Tue, 29 Nov 2011 08:00:00 EST

Within the past month, two Dallas pedestrians have been hit and killed by vehicles while crossing streets in the Oak Lawn area. The area is an especially popular place for pedestrians, but these recent hit-and-run pedestrian accidents are raising serious safety concerns.

On November 3, Wayne Priest was killed when he was struck by a vehicle while crossing a Cedar Springs crosswalk. Police believe he was hit by a driver in a maroon-colored vehicle, but no suspect has been named.

Just this past Friday night, another pedestrian, Edward Lee King, was hit near Cedar Springs and Knight. The driver who hit him also fled the scene. Surveillance video from a nearby building shows the victim being struck. Police believe King was hit by a dark colored Land Rover or Range Rover, but so far, they have been unable to name the driver.

The area where the two men were struck and killed is well-lit and has clearly marked crosswalks. One of the crosswalks is equipped with safety lighting to alert drivers of pedestrians crossing.

These pedestrian accidents are terrible tragedies. Our condolences go out to the family and friends of the victims.

Are You Taking Yaz? Know the Signs of Gallbladder Disease

Tue, 29 Nov 2011 08:00:00 EST

Yaz is the best-selling oral contraceptive in the United States. What you may not know is, it is also a dangerous drug. If you are taking Yaz for birth control, it is important that you be aware of some potential side-effects of the drug. Yaz has been associated with an increased risk of gallbladder disease, including infection of the gallbladder, inflammation of the gallbladder, and gallstones.

These complications occur when the hormones in Yaz are processed by the liver. The extra estrogen can cause the bile in the gallbladder to thicken and increase cholesterol. When this happens, the body has more difficulty eliminating gallstones and it becomes more difficult for the bile to be delivered to the digestive system.

Texas dangerous drugs attorney Kay Van Wey advises anyone taking Yaz to be aware of the warning signs of gallbladder disease:

Fever
Nausea
Vomiting
A heavy feeling under the ribs or a “stitch” in one’s side
Pain in the upper abdomen or back
Pain under the right shoulder blade
Pain that lasts more than five hours
Irritability
Sensitivity to smell or light
Jaundice or yellowing of the skin or eyes

Women taking Yaz also have an increased lifetime risk of gallbladder removal surgery. Removal of the gallbladder can have life-long effects, including:

Chronic fatigue
Vitamin and mineral deficiencies
Impairment of the digestive system
Increased risk of heart disease and diabetes
Increased risk of nervous system disorders

If you experience gallbladder complications after taking Yaz in Texas, you may be eligible for compensation for your injury. Contact Dallas Yaz lawsuit attorney Kay Van Wey at 800-489-5082.

Dallas Truck Wreck Claims a Life

Tue, 22 Nov 2011 08:00:00 EST

An early morning Dallas truck wreck on Interstate 35 in South Dallas claimed the life of a Texas woman Tuesday.

The accident occurred when a pick-up truck hauling a trailer jackknifed in the northbound lanes of Interstate 35 near Saner Avenue. An 18-wheeler truck was unable to stop before hitting the passenger side of the pick-up truck.

North Texas rain throughout the night made for slick roads and may be to blame for the accident, which claimed the life of 43 year-old Regina Duane of McKinney, Texas. Two other passengers in the pick-up truck were taken to a local hospital in critical condition.

The driver of the 18-wheeler truck was mandatorily tested for alcohol and drugs, but at this point, no charges have been filed against him. He was not injured in the truck wreck.

Investigators had to shut down the busy interstate as they investigated the accident, but were able to reopen in time for rush hour.

This is the second Dallas truck accident within a week. Last Thursday, another 18-wheeler carrying medical supplies overturned on a downtown Dallas highway.

No injuries were reported in that wreck, but hazmat crews were called out to clean up the potentially dangerous cargo, which spilled out onto the highway.

Outdated System Allows Approval of Dangerous Medical Devices in Texas

Tue, 22 Nov 2011 08:00:00 EST

After 12 years, the FDA is reviewing its approval of transvaginal mesh.

Transvaginal mesh implants are used to treat pelvic organ prolapse and stress urinary incontinence in women. Before the use of transvaginal mesh, a woman who suffered from vaginal prolapse would be treated with traditional surgery. The surgery would involve a two week hospital stay and a long recovery time. It wasn't always effective.

Since 1998, millions of women have been treated with transvaginal mesh. It is generally considered a better option than surgery because it is faster and less expensive. However, about 15 percent of women experience adverse effects after receiving transvaginal mesh implants-and now the FDA says that transvaginal mesh may not be any more effective than traditional surgery. So why has this medical product been used for so long?

Transvaginal mesh was approved for the treatment of pelvic organ prolapse through a 35-year-old process known as the 510(k) system. This process is used by the FDA to review about 90 percent of medical device applications that they receive each year. The system is designed to allow low-risk medical devices to be quickly approved. However, loopholes allow higher-risk devices with ties to older products to speed through the system and circumvent testing. After numerous recalls of products approved through this system, the FDA has acknowledged that the practice may put the public at risk.

If you have been harmed by a defective medical device, you have the right to seek compensation. Contact Dallas transvaginal mesh lawsuit attorney Kay Van Wey to learn more.

Van Wey Law Welcomes Dallas Personal Injury Attorney John Horany

Tue, 22 Nov 2011 08:00:00 EST

We would like to welcome Board Certified Personal Injury Attorney John Horany to the Van Wey Law Team. With more than 25 years of experience in the legal field, Mr. Horany brings to the firm a wealth of knowledge regarding personal injury and wrongful death law.

Mr. Horany will serve as an integral, full-time member of the Van Wey Law team, and will be co-lead counsel with Board Certified Personal Injury Trial Lawyer Kay L. Van Wey.

"I have a tremendous respect for John and his vast knowledge of not only Texas civil procedure, but also Texas personal injury law," says Ms. Van Wey.

"Through the years, I have had the opportunity to work alongside Kay Van Wey on several cases and have been impressed with her insightful approach to personal injury trial law and her outstanding reputation as a hard-working, ethical attorney, and accomplished national trial lawyer," says Mr. Horany.

Before starting a solo practice, Mr. Horany practiced with the law offices of Windle Turley, P.C., where he was the Chairman of the Medical Negligence Section. Throughout the years he has dedicated his career to helping the unwitting victims of serious personal injury.

Mr. Horany handles cases involving automobile accidents, medical malpractice, nursing home neglect, slip and fall injuries, and product defects.

"I look forward to continuing to help individuals who have been injured and harmed by negligent acts or dangerous products," says Mr. Horany.

Learn more about the Van Wey Law team and how we may be able to help you with your potential personal injury case, visit www.vanweylaw.com. The full press release can be viewed at http://www.prweb.com/releases/2011/11/prweb8978008.htm.

Diagnosed With Vaginal Mesh Erosion? Here's What You Need To Know.

Mon, 21 Nov 2011 08:00:00 EST

More than 100,000 women are treated with transvaginal mesh each year. Transvaginal mesh is used for to treat pelvic organ prolapse and urinary incontinence. It a soft plastic mesh that is surgically inserted into the vagina to add structural support. It is estimated that about 15 percent of them (15,000 women) will suffer complications. One of the most often-reported health complications associated with transvaginal mesh is erosion.

Erosion occurs when the vaginal me
sh fails to bond into place. Over time, the mesh wears through the vaginal wall. When this happens, the vaginal mesh becomes exposed in the body. In addition to excruciating pain, the victim may experience cramping, bleeding and infection. The exposed mesh can cause perforations of the bladder, bowels or blood vessels. There may be increased pain during sexual intercourse. If the mesh is exposed, there is a risk of injury to sexual partners. Once exposed, the mesh may disintegrate inside the body leaving fragments in the vagina, bladder or bowels.

In order to prevent further complications, vaginal mesh that has eroded through the skin or has become displaced must be surgically removed. In most cases, complete removal of the mesh takes several surgeries. Each surgery carries the risk of infection, bladder injury, bleeding, bowel perforation, and wrong sutures. In some cases, the mesh can never be completely removed and it may cause lifelong pain, scarring, narrowing of the vaginal wall and fertility problems.

If you have suffered the painful side-effects of transvaginal mesh erosion, we urge you to discuss your situation with a Dallas defective medical products lawyer. Texas dangerous drugs attorney Kay Van Wey will let you know if you are eligible for compensation for your injury. Contact Van Wey Law at 800-489-5082.

Distracted Driver Kills Texas Pedestrian Worker

Fri, 18 Nov 2011 08:00:00 EST

A Texas highway worker who was picking up trash along Interstate 35 was killed Thursday by a distracted driver who had veered off the road.

The incident took place near University Boulevard in Round Rock, Texas, where the worker was employed by Easter Seals Central Texas. The names of the victim and the distracted driver have not been released.

Easter Seals Central Texas contracts with the Texas Department of Transportation. The only information that police would release was that the man killed was a worker in the Paid Job Training Program that provides employment for people with disabilities.

The workers did have a sign posted along the interstate to warn drivers of "Litter pick-up ahead," and the man was wearing an orange safety vest.

Police would say only that the driver who hit the pedestrian was distracted by something in his/her car and ran off the road. They would not comment on what had distracted the driver.

At this time, charges have not been filed against the distracted driver.

Injured While Taking Yaz? You May Have A Texas Dangerous Drug Claim

Fri, 18 Nov 2011 08:00:00 EST

Yaz and other birth control pills containing the active ingredient drospirenone have been linked to several dangerous medical conditions, including:

Blood clots, deep vein thrombosis, or venous thromboembolisms
Pulmonary embolisms or blood clots in the lungs
Stroke or cerebrovascular accidents
Heart attack or myocardial infarctions
Gallbladder disease and gallbladder removal
Death

If you or a loved one has suffered any of these serious side-effects while taking Yaz, Yasmin, Ocella, Beyaz, Safyral, Gianvi, Zarah, Loryna, or Syeda, you may have a drospirenone injury claim. We urge you to contact a Houston Yaz injury attorney.

Drug companies have the responsibility to ensure that their products are free from dangerous side-effects. Texas drug injury attorney Kay Van Wey helps dangerous drug victims get compensation from drug companies who are more concerned with profit than public health.

If you have suffered serious injury from Yaz or another drug containing drospirenone, you may be eligible for compensation for your medical bills, pain and suffering, loss of wages, loss of quality of life and any other losses caused by your injury. You may also be able to obtain punitive damages, a monetary award designed to punish the drug company for its negligence.

To learn more about a Yaz lawsuits and your right to compensation, request a free copy of Kay Van Wey's book, 7 Secrets the Pharmaceutical Industry Does NOT Want You to Know. To discuss your own claim, contact Van Wey Law today at 800-489-5082.

Texas Takes Unsafe Trucks off the Roads

Fri, 18 Nov 2011 08:00:00 EST

The Texas Department of Public Safety (DPS) has taken more than 66,000 unsafe trucks off the roads in "Operation Texas Thunder."

At the start of the year, DPS officials began inspecting trucks and other commercial vehicles, and since then have inspected more than 331,000 trucks on Texas roads. In addition to the unsafe trucks removed from commission, more than 12,000 commercial Texas drivers were taken off the roads for safety violations.

DPS Director Steven McCraw noted at a recent Public Safety Commission meeting that "Commercial vehicles are responsible for approximately 15 percent of the fatalities in Texas crashes."

"Most commercial vehicle operators obey the law; however, those who choose to drive unsafe commercial vehicles or drive a commercial vehicle unsafely pose a serious threat to the motoring public," says McCraw.

Overall, McCraw thinks that many accidents have been prevented and lives saved thanks to the operation.

Avoid a Texas Truck Wreck
Thousands of trucks travel Texas roads each day. And with even more trucks coming in from Mexico under the NAFTA pilot program, drivers should be aware of what to do when driving near these large vehicles.

Safety Tips:

Maintain a safe distance between you and the truck - a rule of thumb is to allow at least two seconds between the truck and your car.
Watch for trucks making right turns - because trucks must make wide right turns, never squeeze between the curb and the truck.
Know the truck driver's blind spots - these include 20 feet in front of the tractor, the sides of the truck, and 200 feet behind the truck.
Don't cross behind a truck that is reversing.
After you have passed a truck, wait until you can see the truck's headlights in your rearview mirror before moving over.

Following these tips might just save your life and help you avoid a dangerous Texas truck accident.

Hybrid Cars Safer for Texas Drivers, but More Dangerous for Texas Pedestrians

Thu, 17 Nov 2011 08:00:00 EST

In a recent report issued by the Insurance Institute for Highway Safety (IIHS), researchers determined that passengers in a hybrid car are 25 percent less likely to be injured in a Texas car wreck than passengers in a conventional car.

Hybrids are Heavier
Fuel efficient cars tend to be smaller, lighter, and in general less safe than "gas guzzling" vehicles. Because of their inability to withstand even relatively low-speed crashes, drivers and passengers in these cars are more likely to suffer injuries in a Texas car accident.

But new data suggests that hybrid cars are actually safer. The high-tech batteries installed in hybrid cars make them an average of 10 percent heavier than non-hybrid cars. This makes the cars better able with withstand a crashes.

Pedestrians Beware
While hybrid cars protect their occupants better than other fuel efficient vehicles, Texas pedestrians are 20 percent more likely to be hit by a hybrid car.

Because hybrids are so quiet, many pedestrians do not hear them coming, especially if they are not paying attention. Regular Dallas pedestrians who work in the busiest parts of the city may now want to put their phones away while walking or pay better attention before crossing the street.

The quiet nature of hybrid cars is so serious that the U.S. Department of Transportation is even looking into ways to make these cars noisier so that pedestrians can hear them coming.

To receive the latest updates on news that affects Texas drivers, subscribe to my blog www.texascarwreckattorneys.com.

Israeli Study Ties Yaz, Yazmin to Blood Clots in Texas Patients

Wed, 16 Nov 2011 08:00:00 EST

Oral birth control has long been associated with an elevated risk of blood clots. However, there appears to be an even greater risk of these clots in women using pills that contain drospirenone. Researchers in Israel have found more evidence that fourth-generation birth control pills carry a higher risk of dangerous blood clots and Dallas Yaz injury claims than older types of birth control pills.

330,000 Israeli women participated in the study conducted by Dr. Naomi Gronich and other researchers at the Technion-Israel Institute of Technology. Among the all birth control users who participated in the study, six of every 10,000 suffered a venous thromboembolism. Venous thromboembolisms are blood clots that form in the leg veins; in some cases, they can travel to the lungs and cause a pulmonary embolism.

However, some participants were at higher risk for developing these dangerous blood clots. Those who used birth control pills with the hormone drospirenone were 43 percent to 65 percent more likely than other birth control pill users to develop venous thromboembolisms. The risk among women taking birth control pills containing drospirenone was found to be eight to 10 clots per 10,000 women per year. The risk was greatest in women over age 25.

Drospirenone is found in the active ingredient in fourth generation birth control pills sold under brand names Yaz, Yasmin, Ocella, Beyaz and Safryal. These pills are designed to cause less weight gain, swelling and other side-effects than older generation birth control pills.

Last week, the U.S. Food and Drug Administration (FDA) released updated results of their own investigation into the link between drospirenone and blood clots. They estimated a risk of 10 cases of venous thromboembolisms per 10,000 women using the fourth generation pills per year.

If you have suffered from a blood clot after taking Yaz, Yasmin or another form of birth control, we urge you to discuss your injury with a Texas dangerous drugs attorney. Contact Van Wey Law at 800-489-5082 to get started on your free consultation.

Unintentional Poisonings Put Dallas Residents at Risk

Tue, 15 Nov 2011 08:00:00 EST

Unintentional poisonings are a serious problem in the United States, and it's a problem that continues to get worse. Every day, more than 80 people die from unintentional poisonings, and an additional 2,000 are treated in emergency rooms.

A poison is defined as any substance, including medication, which is harmful to a person if he or she inhales, consumes, injects, or absorbs too much of it. Some people think that if a doctor prescribes a drug that it is safe, but nothing could be further from the truth.

Some prescription drugs, taken alone or in combination with other drugs, are very dangerous and should be taken with extreme caution.

Most cases of poisoning in the United States occur unintentionally. In fact, according to recent data, approximately three quarters of all poisoning deaths in the United States in 2007 were unintentional. Only motor vehicle crash fatalities accounted for more unintentional deaths. Of those unintentional poisoning deaths in 2007, almost all were caused by prescription drugs, including pain medications, such as methadone, hydrocodone, and oxycodone.

In addition to the terrible death and injury toll, the annual medical and productivity costs for poisonings can easily top $30 billion.

Adults have the greatest risk of dying from unintentional poisoning. In fact, adults between the ages of 45 and 49 are most at risk, with men twice as likely to die from poisonings as women. Things aren't improving either-death rates for unintentional poisoning have been steadily rising since 1992.

To learn more about prescription drug poisoning, visit www.pillmillmonitor.com. There, I frequently share news stories and views about prescription drug poisoning and dangerous drugs to avoid.

Bus Crash in West Texas Proves Fatal

Tue, 08 Nov 2011 08:00:00 EST

Last Friday, a bus carrying 12 Abilene Christian University students, three faculty members, and the spouse of a faculty member, crashed on U.S. Highway 83 near Ballinger.

Pictures of the Texas bus wreck showed a badly mangled bus that was almost unrecognizable. With the roof and sides torn off, all that was left were rows of seats.

The students and faculty were on their way to Medina to do mission work for the Medina Children's Home when the driver, who was also a faculty member, lost control of the bus coming around a bend. After hitting a concrete culvert, the bus rolled. Several of the passengers were ejected from the bus.

Fifteen of the passengers were injured in the bus crash, and at least four of the passengers were critically injured. One student, sophomore Anabel Reid, was pronounced dead at the scene.

The bus was owned by Abilene Christian University, but Texas Department of Safety officials could not say whether the bus had a defect or whether proper maintenance had been conducted on the bus. The cause of the crash is still under investigation.

New Study Shows Yaz & Yasmin Have Higher Blood Clot Risk

Tue, 08 Nov 2011 08:00:00 EST

The popular birth control pills Yaz and Yasmin have come under attack in the past few months for carrying a higher risk of blood clots than older versions. And while the FDA is still going over the data from its own study, a new study out of Israel found that women taking these newer birth control pills did indeed have a higher risk of developing a blood clot.

Yaz and Yasmin are "fourth-generation" birth control pills. They contain the synthetic hormone drospirenone, which medical experts believe is the cause of the higher risk of blood clots.

Based on the study of 330,000 Israeli women, researchers found that women taking birth control pills containing drospirenone were more likely than women taking second-generation and third-generation birth control pills to develop a blood clot, which could lead to a venous thromboembolism. The risk was as high as 65 percent with drospirenone-based birth control pills.

Venous thromboembolisms are blood clots that usually form in the veins of the leg, but that can travel to the lungs, brain, or heart, causing severe damage to the body or even death. Symptoms include leg pain or tenderness, swelling, changes in skin color, and increased warmth in the leg.

Each year, between eight and 10 women out of every 10,000 will experience blood clots while taking a drospirenone-containing birth control pill. In comparison, only six women out of every 10,000 will experience a blood clot while taking a second- or third-generation birth control pill.

Other risk factors for developing a blood clot include obesity, high blood pressure, age, and smoking. Beginning at age 25, the risk that a woman will experience a blood clot while taking birth control increases. Women over 35 who are smokers are advised against taking any form of birth control pills.

The FDA will meet December 8th at a joint meeting of the Reproductive Health Drugs Advisory Committee and the Drug Safety and Risk Management Advisory Committee to review study results and determine the best course of action for women taking birth control pills that contain drospirenone.

If you experienced a venous thromboembolism while taking a birth control pill that contained drospirenone, you deserve to know your legal rights. Call experienced dangerous drug attorney Kay Van Wey today at 214-329-1350 or 800-489-5082.

Taking Actos in Texas? Know the Signs of Bladder Cancer

Mon, 07 Nov 2011 08:00:00 EST

Numerous studies show there is an increased risk of bladder cancer in Actos patients who are taking the drug for the treatment of diabetes. The U.S. Food and Drug Administration recently warned that taking Actos for periods longer than one year can increase a person's risk of contracting bladder cancer by up to 40 percent. The risk is higher in patients who are also smokers.

If you take Actos, knowing the signs of bladder cancer may save your life.

The signs and symptoms of bladder cancer include:
Blood in urine
Change in bladder habits
Painful urination
Frequent urination
Difficulty initiating or stopping urine flow
Weak or interrupted urine flow
Inability to urinate
Frequent urinary tract infections
Abdominal pain
Lower back pain
Pelvic pain
Loss of appetite
Unexplained weight loss

If you take Actos and have any of these symptoms, contact your doctor immediately. Early detection is essential for treating bladder cancer.

If you contracted bladder cancer after taking Actos, you may have a Texas dangerous drugs claim. Dallas Actos injury attorney Kay Van Wey can help you get monetary compensation and accountability for your pharmaceutical negligence case. To learn more,contact Van Wey Law at 800-489-5082.

Do you have questions about Actos or other harmful prescription drugs? Request a free copy of Dallas dangerous drugs attorney Kay Van Wey's book, 7 Secrets the Pharmaceutical Industry Does NOT Want You to Know.

"Hot Coffee" Reveals the Harms of Tort Reform

Tue, 01 Nov 2011 08:00:00 EST

Beginning in the 1980s, big business interests launched media campaigns aimed at convincing the public that the civil justice system was broken. Tales of runaway juries, greedy plaintiffs, overzealous lawyers, and frivolous lawsuits quickly captured the public's attention.

Attempts to reveal the truth that the civil justice system is not broken have been overpowered by distorted rhetoric sent out by big business interests. Some jurors are still convinced that awarding a plaintiff monetary damages will harm their own pocketbooks. Meanwhile, voters are constantly pounded with the message that the court system needs major reforms.

Texas has been deeply affected by the major tort reform undertaken in the state. Some politicians have even been heard bragging on national television that Texas enacted some of the most harsh tort reform in the country. Each day, Texas citizens are injured by the negligence of another, whether it is in a car accident, on the job, or under the care of a doctor. Yet some of these victims are left with little to no compensation for their damages, because their cases have been severely limited by tort reform.

"Hot Coffee" is a documentary that explores how the civil justice system really works and why many victims of personal injury are denied access to the courts. The documentary hopes to change the beliefs instilled in people by big business interests.

Each day, I receive at least one call from a person who has been the unwitting victim of a catastrophic personal injury. Many times, I have to tell some of these victims that I cannot take on their cases because tort reform has tied my hands and made it nearly impossible to get them the compensation they deserve.

Many dedicated trial lawyers are still fighting the good fight, despite the efforts of the rich and powerful to silence us. However, it is the consumer, the patient, and the disabled who have been harmed by so-called tort "reform," when in fact no reform was needed.

To learn more about tort reform and the adverse effects it has had on Texas citizens, read my article on tort reform at vanweylaw.com. Despite what some would have you believe, you can make a difference. Contact your state representative and senators to tell them that you do not support tort reform.

Diabetes Drug Actos and its Connection to Your Dallas Dangerous Drug Injury

Fri, 28 Oct 2011 08:00:00 EST

Are you or a loved one currently taking Actos to treat type 2 diabetes? If so, are you aware that the diabetes drug may increase your risk of a Dallas dangerous drug injury, such as bladder cancer?

Warning by FDA

In September, the Food and Drug Administration (FDA) launched a safety review to analyze data from a ten-year study conducted by the drugs manufacturer, Takeda Pharmaceuticals. The result is a warning to those who take Actos for more than one year. Your risk of bladder cancer may be increased by approximately 40 percent.

What researchers looked at

Researchers looking into the risks associated with taking Actos looked at patients who had taken the drug the longest and who have consumed the highest dosage in their lifetime. Though Takeda's initial finding concluded that there was no increased risk of bladder cancer, researchers have determined the opposite.

Bladder cancer symptoms

If you are currently taking Actos, you should look for bladder cancer symptoms that include:

Urine leakage
Fatigue
Abdominal pain
Tenderness or bone pain
Increased weight loss

Determine your rights

The risks associated with bladder cancer are well-documented. If you are taking Actos, you should investigate your rights and determine if you have a case.

If you or someone you know has been injured by taking Actos to treat diabetes, contact one of our experienced Dallas dangerous drug attorneys at Van Wey Law at (214) 329-1350 or (800) 489-5082.

Use of Yaz and Yasmin Raise Health Concerns

Wed, 26 Oct 2011 08:00:00 EST

Yaz and Yasmin have become popular oral contraceptives worldwide, bringing in to Bayer over $1 billion annually. Besides offering an alternative for preventing unwanted pregnancies, the drug's manufacturer has cited other benefits to taking the drugs such as treatment for acne and severe premenstrual depression. However, users may be at risk of suffering a Yaz injury.

Health concerns over Yaz and Yasmin

In recent years, many in the health community have raised concerns about the drugs and possible health risks posed for women who use the birth control alternatives. As a matter of fact, Bayer has been served with many lawsuits by women who claim that they have developed health problems over the use of Yaz and Yasmin.

Risks associated with Yaz and Yasmin

According to researchers and health advocates, women who take Yaz or Yasmin are at higher risk for blood clots, heart attacks, strokes, and other health complications.

Symptoms to look out for

If you are taking Yaz or Yasmin, you should look for possible side effect symptoms such as:

Severe chest pain
Continuous leg pain
Sudden shortness of breath

If you or someone you know has suffered an injury by using Yaz or Yasmin, contact one of our experienced Dallas Yaz injury attorneys at Van Wey Law at (214) 329-1350 or (800) 489-5082.

NAFTA-Approved Mexican Trucks Could Pose A Risk to Texas Motorists

Fri, 21 Oct 2011 08:00:00 EST

(Image: Salvatore Vuono / FreeDigitalPhotos.net)

A cross-border trucking pilot program that has been stalled for years is finally moving forward. Under the provisions of the North American Free Trade Agreement (NAFTA), Mexican trucking companies can now send drivers farther north on U.S. highways.

Prior to the new program, Mexican trucks were confined to a 25 mile-wide strip north of the Mexican border. Even though the program will be monitored by the U.S. government, the question still remains whether or not the safety of U.S. motorists will be compromised.

Proponents of the program say that the trucks and drivers will be inspected by U.S. agencies to ensure safety. Some of the measures authorities will be taking to ensure safety include installing GPS tracking devices to monitor driving activity, performing criminal background checks for the drivers, and conducting truck inspections. However, once the pilot program ends, it is uncertain whether those safety measures will be continued, considering they come at the expense of the U.S. tax payer.

Opponents of the program include, U.S. Representatives Duncan Hunter (R-Ca) and Bob Filner (D-Ca), The Teamsters, and the AFL-CIO. All cite safety as a major concern in allowing Mexican trucks to drive deeper into the U.S. According to Lorena Gonzalez, head of the San Diego Chapter of the AFL-CIO, many Mexican trucks lack safety features like anti-lock brakes, and Mexican trucks are not maintained as well as U.S. trucks. Additionally, medical standards for Mexican truck drivers are below U.S. standards. All of these conditions could make accidents more likely and result in more injuries to U.S. drivers.

Mexican trucks are expected to be on the U.S. roadways in greater numbers within months. One Mexican trucking company, Transportes Olympic, has already been approved to operate by the U.S. Department of Transportation. At least one other company, Grupo Behr, has been delayed from operating based on evidence of a lack of systematic maintenance. As the number of trucks from Mexico increases, there could be a greater risk of truck accidents for Texas drivers.

Dallas Motorcycle Accident Sends Biker to Hospital

Tue, 18 Oct 2011 08:00:00 EST

A Dallas motorcycle accident involving a wrong-way driver sends a motorcyclist to the hospital after the biker is hit head-on by an alleged drunk driver. The incident took place at approximately 1:00 on Thursday morning, September 29, 2011, in the Fair Park neighborhood.

According to local police, the driver of a white sedan was traveling southbound in the northbound lanes of Cullum Boulevard when he slammed into a motorcycle head-on, which was traveling in the left lane. The accident took place near the DART tracks, north of Grand Avenue.

Rescue crews transported the unidentified motorcyclist to a nearby hospital where the biker was treated for injuries sustained in the hit-and-run accident. The motorcyclist's condition was not immediately made known.

The unidentified driver was arrested after failing a field sobriety test. Police have indicated that the suspect could be charged with intoxication assault charges.

The Dallas motorcycle accident remains under investigation by local authorities. Police are looking into the possibility that the suspect may have been involved in an earlier wreck after noting fresh damage to the car, believed to be unassociated with the motorcycle crash.

This is an unfortunate accident, and we wish the victim a speedy recovery during this difficult time.

Tips for Texas Drivers on Windy Days

Tue, 18 Oct 2011 08:00:00 EST

Yesterday, West Texas saw a dust storm much like the ones captured in pictures from the Dust Bowl era. The "dry thunderstorm," as meteorologists called it, happened in Lubbock during the afternoon commute.

While no injuries were reported, several big trucks were overturned by the strong winds, which had gusts of up to 74 miles per hour. With the winds came an 8,000 foot-high rolling dust cloud that created visibility challenges for drivers. In some places, visibility was between zero and less than a quarter mile.

A similar storm happened in Phoenix earlier this summer, causing several dangerous car accidents that injured 18 people and killed a man.

Meteorologists say that with the record drought, West Texans should expect more dust storms like this, involving high winds and low visibility. These storms pose a challenge for drivers, but there are some things drivers can do to protect themselves.

5 Tips for Driving in High Winds

Slow down. Reducing your speed will make you less likely to drift off course if a sudden gust of wind comes along.
Keep both hands on the wheel. Higher winds can put you off course, particularly on open stretches of road, when passing over bridges, and when passing gaps in vegetation.
Be aware of high-profile vehicles and motorcycles. High winds make driving more difficult, especially for vehicles like 18 wheelers. Take care when passing high-profile vehicles, and watch out for motorcyclists who may be swept off course by the wind.
Avoid driving a high-profile vehicle. These include trucks, buses, recreational vehicles (RVs), and campers. Towing trailers is also especially dangerous when wind speeds are high.
Watch for flying debris and debris in the road. You should be driving slowly enough that you can either stop before hitting the debris or drive around the debris.

Tips for Driving in Low Visibility

Use your low beam lights.
Wait the storm out. If you can't see, pull over into a safe area and wait until visibility conditions improve.

Unfortunately, not all accidents are preventable. If you were injured in a car wreck and the other driver was at fault, you may be entitled to compensation. Call Van Wey Law at (214)329-1350 or (800)489-5082 to speak with an experienced Texas car wreck attorney today.

Dallas Pedestrian Accident Claims Life of 54-Year-Old Woman

Mon, 17 Oct 2011 08:00:00 EST

A Dallas pedestrian accident involving a hit-and-run driver claims the life of a woman after she is struck while crossing the street. The incident took place on Saturday evening, October 8, 2011, near the 7600 block of Great Trinity Forest Parkway.

According to local police, the woman and a friend were crossing the street when a car slammed into her. The victim has been identified as 54-year-old Sue Burks. Unfortunately, she lost her life due to injuries sustained in the hit-and-run pedestrian accident. It did not appear that her friend was injured in the crash.

Police have identified the car, which fled the accident scene, as either a Ford Crown Victoria or a Mercury Grand Marquis. The vehicle was allegedly traveling above the speed limit.

"The driver continued on, did not stop like they're required to," said Lt. Scott Bratcher.

Donnie Wilson, who lives near the accident scene, indicated that pedestrians along Great Trinity Forest Parkway are in danger of being hit. "I've seen at least eight or nine accidents, right here," Mr. Wilson said.

The fatal Dallas pedestrian accident remains under investigation by local authorities. No witnesses to the accident appeared to get a look at the hit-and-run driver.

This is a terrible tragedy, and we extend our thoughts and condolences to Ms. Burks' family and friends during this difficult time.

5 Tips for Driving in Texas Rain

Fri, 14 Oct 2011 08:00:00 EST

(Image: Christian Southworth / FreeDigitalPhotos.net)

Now that the long dry summer of 2011 is over, Texas is seeing more much needed rain. Unfortunately, the drought took a toll on our roadways. Engine oil and grease continued to build up on our roadways as day after day of 100 degree temps and no rain caused cracks in the land.

More recently, parts of Texas have received rain, but at a cost to drivers. Earlier this week, drivers in Dallas woke up to rain and a rush hour mess. Storms in the area caused power outages, pools of high water, slick roads, and dangerous car wrecks.

Multiple car wrecks were reported on Dallas' infamous 635. One of the wrecks, which was blamed on a combination of high speed, rain, and alcohol, took the life of a young woman riding in an SUV that ran off the interstate and crashed into a lamp post. Four others in the SUV were rushed to local hospitals.

High water shut down an onramp to State Highway 121 near DFW Airport, forcing drivers to find an alternate route.

More rain is expected to enter the area next week. Here are five tips for driving safely in the rain:

Slow down! Speeding in the rain increases the risk that you will be involved in a dangerous Texas car accident. You should always follow the three second rule, giving enough space between you and the vehicle in front of you to stop. But when it is raining, you should put even more distance between you and the car in front of you.
Brake earlier and use less force. By slowing down earlier, you increase the distance between you and the vehicle in front of you, and you let drivers behind you know to slow down too.
Stay to the middle of road, where water is less likely to gather. Avoiding standing water can protect your car from damage to its internal electrical system or damage to its wheels or suspension that can be caused by submerged pot holes.
Allow for extra distance between yourself and trucks, buses, and other large vehicles. Larger vehicles can kick up enough water to block your vision completely. Pass these vehicles only when it is safe to do so.
Turn around, don't drown! If you are not sure how high the standing water is, and you cannot see the ground beneath it, don't chance it. Your car could become stuck in the standing water, leading to vehicle damage, or worse, you and your car could be swept away in a current of water.

Following these tips may ensure that you are not a victim of a dangerous Texas car accident.

Unfortunately, not all drivers will follow these tips, and we cannot control the way others drive around us. If you were injured in a car accident due to the fault of another driver, contact Van Wey Law today at (214)329-1350 or (800)489-5082. Our experienced accident attorneys may be able to help you get the compensation you deserve.

Dallas Motorcycle Accident Sends One to Hospital

Mon, 10 Oct 2011 08:00:00 EST

A Dallas motorcycle accident involving two vehicles sends one person to the hospital and leaves another facing intoxication assault charges. The incident took place at approximately 1:00 on Thursday morning, September 29, 2011, on Robert B. Cullum Boulevard in the Fair Park neighborhood.

According to local police, the driver of a white sedan was traveling southbound along Robert B. Cullum Boulevard in the northbound lanes when he slammed into a motorcycle. Rescue crews transported the unidentified motorcyclist to a local hospital. Details concerning his injuries were not immediately made known.

Police administered a field sobriety test on the driver of the car. The unidentified driver failed the test and was arrested. He is expected to be charged with intoxication assault. It was unclear as to whether or not the driver was also injured in the accident.

The Dallas motorcycle accident is still under investigation by local authorities. Police also indicated that the suspect's car appeared to have fresh damage not associated with the wreck with the motorcycle. Police are looking into whether or not he was involved in another accident nearby.

This is an unfortunate incident, and we wish the victim a speedy recovery during this difficult time.

Plano Motorcycle Accident Claims Life of One

Sun, 09 Oct 2011 08:00:00 EST

A Plano motorcycle accident involving a sport utility vehicle (SUV) claims the life of one person after the two vehicles collide along the northbound service road of U.S. 75. The incident took place at approximately 3:15 on Friday afternoon, September 30, 2011, near Parker Road.

According to witnesses, a motorcycle was speeding along the service road between Park Road and Parker Road when the bike collided with the SUV. The force of the impact sent the motorcyclist flying from the bike.

Unfortunately, the motorcyclist was pronounced dead at the scene from injuries sustained in the accident. Officials have yet to release the name of the motorcyclist, pending notification of next of kin. The unidentified driver of the SUV was uninjured in the wreck. No other injuries were reported.

Officer David Tilley of the Plano Police Department described the victim's injuries as "quite extreme."

The fatal Plano motorcycle accident remains under investigation by local authorities. Investigators have yet to determine who was at fault and how fast the bike was traveling at the time of the collision.

This is a terrible accident, and we extend our thoughts and condolences to the victim's family and friends during this tragic time.

Plano Pedestrian Accident Leads to Murder Charges

Sat, 08 Oct 2011 08:00:00 EST

A Plano pedestrian accident involving an argument claimed the life of a man after police found the victim bleeding in a nearby field. The incident took place at approximately 7:00 on Monday evening, September 29, 2011, in the 1700 block of Alma Drive.

According to reports, police discovered 21-year-old Ashton Vincent Williams bleeding heavily in a field along Alma Drive. Rescue crews transported Mr. Williams to a local hospital where he was later pronounced dead from injuries sustained in the accident.

Witnesses report that Mr. Williams had been struck by a car with two occupants inside. The car allegedly fled the accident scene.

Detectives eventually tracked down the driver, 21-year-old Jesus Antonio De Santiago, and arrested him. He was booked into the Collin County Detention Center and charged with murder.

Police have yet to release the identity of the second occupant in the car. It is unclear whether the suspect will face any charges or not.

The fatal Plano pedestrian accident remains under investigation by local authorities. Police believe the incident was a result of an argument.

This is a tragic accident, and we extend our thoughts and condolences to Mr. Williams' family and friends during this difficult time.

National Motorcoach Safety Summit Takes Closer Look at Passenger Safety

Fri, 30 Sep 2011 08:00:00 EST

With gas prices high and the economy in a downturn, many people have decided to opt for cheaper forms of travel when planning their vacations or trips. This has meant a big boom in the bus business. But with the number of bus accidents this year, even the Department of Transportation (DOT) is questioning the safety of this travel option.

On September 23, the Federal Motor Carrier Safety Administration (FMCSA), a division of the DOT, held a National Motorcoach Safety Summit to discuss ways to better protect passenger safety.

Just this past summer, a young girl lost her leg when the bus she was riding in crashed on Interstate 35 between San Antonio and Austin. Investigators determined that the crash happened because the driver had fallen asleep at the wheel.

One area of concern to the FMCSA is bus driver fatigue. Under the current regulations, bus drivers are allowed to drive a maximum of 10 hours and can be on-duty for a maximum of 15 hours. All bus drivers are required to keep a log of their driving time.

New rules have been proposed that would limit a bus driver's time behind the wheel even more, but critics say that the limits would still not be enough to ensure that drivers do not get fatigued.

Nevertheless, FMCSA will continue to enforce the current regulations by stepping up safety inspections. Over a period of two weeks, the Passenger Bus Safety Inspection Strike Force will be inspecting motorcoaches, tour buses, and school buses around the country.

"We've seen the horrific consequences when motorcoach companies do not make safety a top priority. With everyone at the table, we can achieve our shared goal of raising the safety bar for the motorcoach industry," said DOT Secretary Ray LaHood.

FMCSA also wants to empower passengers with the knowledge they need to choose a safe bus company. The DOT will launch a smart phone app in November to help passengers choose a carrier.

If you were injured in a bus accident, you deserve to know your legal rights. Call the experienced bus accident attorneys at Van Wey Law today at (214)329-1350 or (800)489-5082.

Fort Worth Pedestrian Accident Claims Life of 19-Year-Old

Thu, 29 Sep 2011 08:00:00 EST

A Fort Worth pedestrian accident involving a single vehicle claims the life of a young man after he is struck while attempting to cross the road. The incident took place at approximately 2:15 on Saturday afternoon, September 17, 2011, in the 3300 block of Mansfield Highway.

According to Fort Worth police, a young man was struck by an unknown vehicle while attempting to cross Mansfield Highway. The pedestrian has been identified as 19-year-old Jose Medina. Unfortunately, Mr. Medina lost his life due to injuries sustained in the pedestrian accident.

The driver of the vehicle fled the accident scene and police have yet to find anyone who may have witnessed the accident. Mr. Medina was found lying on the westbound side of the highway near the north curb.

"There were no witnesses to the accident, so no suspect or suspect vehicle information was obtained," said police spokesperson Sgt. Pedro Criado.

The fatal hit-and-run pedestrian accident remains under investigation by local authorities as investigators attempt to locate the driver of the vehicle who struck Mr. Medina.

This is a terrible tragedy, and we extend our thoughts and condolences to Mr. Medina's family and friends during this difficult time.

Dallas Car Accident Involves DART Train, Five Injured

Thu, 29 Sep 2011 08:00:00 EST

A Dallas car accident involving a DART Train leaves five people injured after a light rail train and car collide. The incident took place at approximately 11:20 on Thursday morning, September 22, 2011 at the intersection of Live Oak Street and Good Latimer Expressway.

According to reports, a Dart light rail Green Line train collided with a car as the car was backing out of a parking space in the downtown Dallas area. At least five train passengers were injured as a result of the collision. Rescue crews transported two of the victims to Baylor University Medical Center. Their conditions were not immediately made known.

It was unclear as to how many people were in the car at the time of the accident. However, no one from the car was reported as suffering any injuries. The identity of the driver was not immediately released by officials.

The DART Train did not sustain any significant damage and was back in service shortly following the accident.

The Dallas car accident remains under investigation by local authorities. Police have yet to determine the cause of the accident.

This is an unfortunate incident, and we wish all the victims a speedy recovery during this difficult time.

Recalled Rental Cars Pose a Danger to Texas Consumers

Thu, 29 Sep 2011 08:00:00 EST

If you have driven a recalled rental carwithin the past decade, chances are you were not told about any recalls on the car or whether any defects in the car had been fixed.
The scary reality is that many recalled cars go unfixed by rental car companies. Rather than take the time to fix the defects, rental car companies continue to rent out these defective vehicles to unsuspecting consumers without warning.
But Senator Charles Schumer hopes to change this. This past July, he introduced the "Raechel and Jacqueline Houck Safe Rental Car Act of 2011" that would ban rentals of recalled, unrepaired automobiles.
Raechel and Jacqueline Houck were sisters who had rented a defective Chrysler PT Cruiser from Enterprise Rent-A-Car. The car had been recalled nearly a month before the sisters rented the car because flammable power steering fluid could leak onto hot engine surfaces or catalytic converters, resulting in a fire.
The sisters were killed in a fiery crash while driving the recalled rental car. Their parents brought a lawsuit against Enterprise, and after six years, Enterprise finally admitted responsibility for the sisters' deaths.
Despite horrific stories like these, the rental car industry opposes the proposed legislation, arguing that some safety defects do not need to be fixed immediately. Instead, the industry proposes a two-tier recall system in which some cars that pose less dangerous safety hazards would be rented out before being fixed.
Consumer advocates argue that the rental car industry is putting profits over consumer safety, which leads to deadly Texas car accidents like the one involving the Houck sisters.
To ensure that rental car companies do not go free of liability for failing to warn their customers of safety defects, contact your U.S. congressperson and ask him/her to pass the Safe Rental Car Act.
If you were injured by a defective part in a recalled rental car, call the experienced car accident attorneys at Van Wey Law today at (214)329-1350 or (800)489-5082.

FDA Concerned about Birth Control Safety, But Hasn't Reached Conclusion Yet

Tue, 27 Sep 2011 08:00:00 EST

Yesterday, the Food & Drug Administration (FDA) announced that it would continue to review studies regarding the risks of blood clots in women taking birth control pills that contain the hormone Drospirenone, such as Yaz and Yasmin.

The studies under review include two studies conducted this year and a separate study funded by the FDA to evaluate the risks of blood clots in women using several different types of hormonal birth control products. The preliminary results of these studies show that women taking birth control containing Drospirenone have a 1.5 increased risk of developing a blood clot, as compared to women taking other types of hormonal birth control.

Blood clots, or venous thromboembolic events (VTE), are more likely to occur in women who use hormonal birth control products that contain Drospirenone. Also, women who are over the age of 35, who smoke, who are overweight, and who have a family history of blood clots have a higher risk of experiencing VTE. The risk of VTE is highest during the first year of using Drospirenone and when resuming use of these pills after a break of four weeks or longer.

Nearly 10 in 10,000 women will develop a blood clot while using Drospirenone. For women using other forms of hormonal birth control, the risk of developing a blood clot is six in 10,000.

The FDA will continue to evaluate the risk Drospirenone poses. On December 8, 2011, the Health Drugs Advisory Committee and the Drug Safety and Risk Management Advisory Committee will meet to discuss the risks and benefits of this medicine. At this time, the FDA is expected to make a final conclusion regarding these drugs.

For now, the FDA recommends that women continue to take these birth control pills, unless their doctor recommends they change to another birth control. More specifically, the FDA recommends that women 35 and older who smoke not take birth control containing Drospirenone. Women who have a history of blood clots, heart attack, or stroke, and women who are pregnant or who think they may be pregnant should not take these pills.

If you experienced a VTE or blood clot while taking Yaz, Yasmin, or another birth control containing Drospirenone, you deserve to know your legal rights. The knowledgeable dangerous drug attorneys at Van Wey Law may be able to help you. Call us today at (800)489-5082 or (214)329-1350.

NTSB Proposes Cell Phone Ban for Texas Truck & Bus Drivers

Thu, 22 Sep 2011 08:00:00 EST

After ruling the cause of a deadly truck accident in Kentucky was due to a distracted truck driver, the National Transportation Safety Board (NTSB) has proposed commercial truck and bus drivers be banned from using cell phones while driving.

In 2010, truck driver Kenneth Laymon was traveling on Interstate 65 in Kentucky when he made a phone call that cost not only his life, but the lives of ten others. After losing control of his 38 ton truck, he crossed the highway's median and drove straight into oncoming traffic, hitting a van filled with passengers on their way to a wedding.

Because the NTSB does not have the power to enact a regulation, it has taken its proposal to the Federal Motor Carrier Safety Administration (FMCSA) and the 50 states. Under the proposal, lawmakers in each state would have to enact legislation to ban commercial truck and bus drivers from using their cell phones while driving.

Critics argue that getting each state to enact this type of legislation will be difficult to do. Some in the industry, including the American Trucking Association, support a ban on hand-held devices, but not hands-free devices.

"This is not going to be popular. But, we're not here to be popular. We're here to do what needs to be done," said NTSB Chairman Deborah Hersman.

Currently, Texas does not have a law banning the use of hand-held devices state-wide. However, bus drivers with passengers under the age of 17 are prohibited from texting on cell phones while driving.

Laymon was working for Hester, Inc., a trucking company based out of Alabama, at the time of the accident. The FMCSA shut down Hester, Inc. after the accident. The company had 21 driver violations for, among other things, exceeding the limit on driving hours.

Fort Worth Motorcycle Accident Claims Life of Gordon Man

Sat, 17 Sep 2011 08:00:00 EST

A Fort Worth motorcycle accident involving two vehicles claims the life of a man after his motorcycle collides with another vehicle on a local freeway. The incident took place early Saturday morning, September 3, 2011, in the 10600 block of West Freeway.

According to reports, a motorcycle slammed into the back of another vehicle along West Freeway. Rescue crews transported the motorcyclist to Texas Health Harris Methodist Hospital Fort Worth.

The Tarrant County medical examiner's office identified the motorcyclist as Eldon Kite, 54, of Gordon. Unfortunately, Mr. Kite was pronounced dead at 9:17 a.m. the same morning due to blunt trauma to his head and chest.

The identity of the other driver was not immediately made known. It was unclear if anyone else was injured or involved in the two-vehicle wreck that claimed the life of Mr. Kite.

The fatal Fort Worth motorcycle accident remains under investigation by local authorities. No other details concerning the crash or who was at fault were immediately made available. However, Mr. Kite's death was ruled an accident by officials.

This is a tragic accident, and we to extend our thoughts and condolences to Mr. Kite's family and friends during this difficult time.

Fort Worth Pedestrian Accident Leaves 11-Year-Old Girl Injured

Sat, 17 Sep 2011 08:00:00 EST

A Fort Worth pedestrian accident involving a car leaves a young girl injured after she is struck on her walk to school. The incident took place on Tuesday morning, September 13, 2011, along Buttonwood Drive in the Summerfields Community.

According to reports, an 11-year-old girl was walking to Chisholm Trail Intermediate School when she stepped out in front of a vehicle along Buttonwood Drive and was hit. Fortunately, her injuries were not considered serious.

"Her injuries were all on her knees and elbows," said the victim's grandmother. "She hit his hood, the driver said, but luckily fell straight down on her hands and knees."

The identity of the driver was not immediately made known. However, he did tell police that he was focused on avoiding other kids and skateboarders at the time he hit the fifth-grader.

Residents allege that they complained to city officials nearly five months ago about the dangers this road poses to their community and petitioned them to install speed bumps. The city reportedly conducted a traffic study and determined that speed was not a problem.

The Fort Worth pedestrian accident remains under investigation by local authorities. Police have indicated that they do not believe that speed was a factor.

This is an unfortunate incident, and we wish the young victim a speedy recovery during this traumatic time.

Is an Attorney Necessary After a Plano Car Accident?

Sat, 17 Sep 2011 08:00:00 EST

Have you or a loved one recently been injured in a Plano car accident? If so, then you understand the stress involved in considering what to do next. You may be wondering if you should hire a Plano car accident attorney.

Don't go about it alone

A car accident can leave you feeling lonely. You might be wondering whether or not you have a case and can hold the other driver liable. An experienced car accident attorney can help you every step of the way and help you receive the money you deserve.

The insurance adjuster is not on your side

It is important speak with a Plano car accident attorney as soon as possible because you will most likely be contacted by an insurance adjuster. The insurance adjuster is not on your side, and you should never speak with one before speaking with your own attorney. The insurance adjuster:

Works for the insurance company
Does not have your best interest in mind
Aims to limit the insurance company's liability-in other words, to not pay you a dime

Will I get a larger settlement without an attorney?

Believe it or not, you are more likely to receive a higher settlement with an attorney than you are if you elect not to have one.

If you or someone you know has been injured in a Plano car accident, contact one of our experienced personal injury attorneys at Van Wey Law at (214) 329-1350 or (800) 489-5082.

Is Your Insurance Adjuster Looking After You Following a Frisco Car Accident?

Fri, 16 Sep 2011 08:00:00 EST

A Frisco car accident can happen at any time, turning your life upside down. You or a loved one could be left with a permanent injury and facing important questions to consider.

You will be contacted by an insurance adjuster

One of the first things you will need to consider is whether or not you can hold the other driver liable for damages. Keep in mind that while you are initially considering this option, you will more than likely be contacted by an insurance adjuster.

The insurance adjuster is not looking after you

A car accident can leave you confused about what to do and whom to talk to. Understand that the insurance adjuster is not looking after you, regardless of how nice they seem. They work for the insurance company and their entire purpose is keeping the insurance company from having to pay you.

What not to do

It is important to speak with your own Frisco car accident attorney before talking with an insurance adjuster. Doing so can jeopardize your case. Before you consult with your attorney, it is important not to:

Give any statements to the insurance adjuster
Admit any guilt or responsibility to anyone
Sign or complete any documents or statements

If you or someone you know has been injured in an accident, contact one of our experienced Frisco car accident attorneys at Van Wey Law at (214) 329-1350 or (800) 489-5082.

The Prescription Drug Addiction Epidemic

Fri, 16 Sep 2011 08:00:00 EST

Prescription drug addiction in the United States is growing at a record rate. According to an article published in the British Medical Journal, the number of deaths due to prescription drug overdoses in the United States has surpassed the number of deaths due to alcohol-related liver diseases and HIV. And the Centers for Disease Control & Prevention (CDC) has said that drug-induced deaths are the second leading cause of accidental fatalities in the nation.

Part of the problem is that patients think prescription drugs are harmless because they have been prescribed by doctors. This is a common misperception. Unfortunately, the truth is that physicians are not being trained on prescribing new medicines, so they must rely on reports and studies published in medical journals, which can be biased.

Over the past decade, medical malpractice lawsuits have been brought against doctors who have over-prescribed highly addictive prescription painkillers to their patients. These lawsuits have held doctors accountable for their prescribing practices, but still some states have seen little change in prescription drug addiction rates.

In my opinion, law enforcement agencies need to bring criminal charges against doctors who recklessly prescribe narcotics without legitimate medical need. Criminal prosecutions of doctors are rare. The most recent and highly publicized case is currently pending against Dr. Conrad Murray, the doctor accused of giving Michael Jackson the powerful prescription medication that ultimately killed him.

By charging doctors with involuntary manslaughter, states hope to reduce prescription drug abuse and hold doctors accountable for their actions.

Addiction is a brain disease that can be treated. The thousands of Americans addicted to prescription medications originally took these medications for a legitimate medical reason.

To learn more about prescription drug addiction, read my article entitled "America's Growing Addiction."

McKinney Truck Accident Claims Life of One

Thu, 15 Sep 2011 08:00:00 EST

A McKinney truck accident involving five vehicles, including a motorcycle, claims the life of a Collin County man and leaves a motorcyclist injured. The incident took place at approximately 6:00 on Monday morning, August 15, 2011, along a rural highway east of McKinney.

According to reports, 52-year-old Santos Torres was traveling northbound along State Highway 78 near County Road 546 when his semi-truck veered into the southbound lane and collided with a vehicle driven by Johnathan Ellsworth, 28, of Blue Ridge. The accident caused two other vehicles, including a motorcycle, to crash.

Unfortunately, Mr. Ellsworth lost his life in the collision. Rescue crews transported the motorcyclist to Medical Center of Plano where he was treated for broken bones and lacerations. His injuries were not considered to be life-threatening. It was unclear if anyone else was injured in the five-vehicle pileup.

The fatal McKinney truck accident is still under investigation by local authorities. Mr. Torres has been charged with criminally negligent homicide, according to the Department of Public Safety.

This is a tragic accident, and we extend our thoughts and condolences to Mr. Ellsworth's family and friends during this difficult time. We also wish the other victims a speedy recovery.

Feds Arrest 91 People for Medicare Fraud Nationwide

Fri, 09 Sep 2011 08:00:00 EST

This past Wednesday, 91 people in eight cities were charged with attempting to cheat Medicare out of a staggering $295 million.

In an effort to recoup some money and stop the health care fraud that is occurring throughout the country, the U.S. government is cracking down on people trying to illegally cash in on Medicare and Medicaid.

Many of the 91 people caught were billing the government for services they had not provided, were committing money laundering, were taking kick backs, or were threatening Medicare recipients. Two people in Houston were charged with committing $62 million in false billings for home health and durable medical equipment.

The highest cases of Medicare fraud are in home health care and medical equipment. But an increase in federal health care fraud prosecutions hopes to change that. Under the new health care law, one of the strongest anti-fraud laws in the history of the United States, federal health care fraud prosecutions increased by 85 percent in just one year.

The new health care law not only allows for longer prison terms, but it also gives more funding to federal agencies to investigate fraud.

To learn more about health care fraud and about how you can stop this practice that takes billions of dollars from the U.S. government each year, read my article about Qui Tam Lawsuits.

Regulators to Hear Malpractice Cases against Henderson Doctor

Fri, 02 Sep 2011 08:00:00 EST

By Steve Green
Las Vegas Sun
Friday, Sept. 2, 2011, 8 a.m.

A Henderson doctor linked by medical authorities to the deaths of eight patients after prescribing them narcotics may soon have four malpractice complaints adjudicated by state regulators.

After twice unsuccessfully suing the Board of Medical Examiners of the State of Nevada in 2010 and this year over its November 2008 suspension of his authority to prescribe controlled substances, Dr. Kevin Buckwalter and the board are finally on track for a hearing on the board's four malpractice cases against him.

The proceedings before a board hearing officer could begin within a few months, said Jacob Hafter, one of Buckwalter's attorneys.

Both sides blame the other for delays in resolving the four malpractice complaints.

Regardless of who is at fault, a move this week by the Board of Medical Examiners may have cleared the way for the case to get back on track.

The board on Tuesday agreed to lift the 2008 suspension of Buckwalter's ability to prescribe, administer and dispense controlled substances.

This was pitched to the board by one of its attorneys as a procedural move aimed at avoiding having to have two hearings on the same issues: One a "post-deprivation" hearing and another a hearing on the underlying malpractice complaint.

Hafter had sought a post-deprivation hearing in hopes of proving the board lacked justification in 2008 to suspend Buckwalter's drug-prescribing abilities - a suspension he says was made without notice and has deprived Buckwalter of his career.

Hafter has said that at most Buckwalter's medical practice had record-keeping problems, there's no evidence that Buckwalter harmed anyone, that Buckwalter was the victim of over-zealous newspaper coverage and that the Board of Medical Examiners used him as a scapegoat after the hepatitis crisis erupted in 2008 at the Endoscopy Center of Southern Nevada.

While lifting of the suspension was described as a procedural move, officials said it was warranted for other reasons favorable to Buckwalter.

"The committee (an investigative panel) feels that the lack of imminent threat to the public that now exists is pretty obvious. A long time has passed since the suspension date of Dr. Buckwalter's prescribing abilities and privileges from November 2008 to today," Bradley Van Ry, deputy general counsel for the board, told the board.

"The public has been sufficiently protected over that interim," he said.

"Additionally there have been further investigations into many pending complaints that have shown a lack of merit or of which there was not sufficient evidence to proceed against Dr. Buckwalter on those," he said.

The upcoming hearing on the four malpractice complaints filed in 2008 "will sufficiently protect the public should a violation or multiple violations be found by Dr. Buckwalter," Van Ry said.

On top of that, board member Dr. Javaid Anwar noted Buckwalter has been taking continuing medical education courses.

"We all hope that we learn from the issues that we face in our life," Anwar added.

Despite the lifting of the suspension, it's unlikely Buckwalter will be prescribing drugs anytime soon as the federal Drug Enforcement Administration also stripped Buckwalter of his prescribing authority in 2008, alleging that at least eight of his patients since 2005 had died of overdoses.

Hafter said he understands that Buckwalter is trying to get that federal suspension overturned.

Buckwalter, in the meantime, is asking the 9th U.S. Circuit Court of Appeals to overturn a federal judge's order this year backing the state medical board in its 2008 suspension of his ability to prescribe drugs.

In another lawsuit, Buckwalter sued the medical board in Clark County District Court this summer, asking that one of the board's four malpractice complaints against him be dismissed because it dates to a patient's treatment seven years ago and Buckwalter no longer has that patient's records or a detailed recollection of the patient's treatment.

Prosecution of that complaint by the board seven years after the treatment, Hafter charged in the lawsuit, violates an "implied statute of limitations."

"The board believes that it has unfettered ability to do what it believes, regardless of the Constitution or the law," the lawsuit charged. "Here, the board, in a bastardization of justice, continues to try to destroy Dr. Buckwalter's ability to practice medicine over cases of documentation issues."

Attorneys for the board responded in a court filing that "while the board has attempted to expeditiously process the underlying administrative matter, the instant petition only seems to be a further pretext by the petitioner to delay the prosecution of the underlying formal hearing regarding the administrative complaint."

Judge Gloria Sturman dismissed the lawsuit, called a petition for judicial review, because the board's refusal to dismiss the complaint involving Patient "D" was not a final decision on the complaint and therefore is not subject to appeal.

The state's complaint against Buckwalter says that between May 2004 and December 2005, Buckwalter wrote the patient some 34 prescriptions and that Buckwalter's "excessive prescribing of Oxycontin and Kadian to Patient D" contributed to the patient's death.

Buckwalter, in the meantime, has been defending against lawsuits in Clark County District Court filed by families of five patients who died:

Andrea Duncan
Barbara Baile
Staci Voyda
Stephen Richard Holden
Christopher Fisher

Three more pending lawsuits in the same court allege malpractice and were filed by:

Therese Sanda (claims over-prescribing by Buckwalter left her addicted).
Lisa Repolio (claims over-prescribing by Buckwalter left her addicted).
Kathy Hankin (claims Buckwalter failed to tell her about an abnormality detected in a chest x-ray).

Buckwalter has denied wrongdoing in these cases and is countersuing the parents of Duncan, charging they abused the legal process with their lawsuit against him.

The original article can be read in its entirety at http://www.lasvegassun.com/news/2011/sep/02/regulators-hear-malpractice-cases-against-henderso/.

FMCSA Steps Up Inspections for Buses and Trucks Traveling into Texas

Thu, 01 Sep 2011 08:00:00 EST

In an effort to make the roads across the United States safer, the Federal Motor Carrier Safety Administration (FMCSA) awarded $8 million in federal grants to Pennsylvania and $350,000 to the North Dakota Department of Transportation. The funds will be used to increase safety inspections, especially on high-crash corridors.

After a rash of serious bus accidents, including one in Texas, the FMCSA came under fire for allowing bus companies who were not meeting regulations to continue operating. Subsequent inspections have revealed that bus drivers are not properly logging their hours and are driving for longer periods of time than they are allowed. Other safety concerns include the safety of the buses being operated and maintenance being performed on the buses.

More than 750 million passengers travel via motorcoaches, and the FMCSA expects that with high gas prices, this number will only grow. "We owe it to the traveling public to protect the safety of our roadways," said Department of Transportation Secretary Ray LaHood. He added that, "These grants empower our Pennsylvania partners with the vital resources they need to raise the bar for commercial truck and bus safety, and to swiftly remove unsafe operators from the road."

More surprise bus safety and driver inspections will be made thanks to the funding. And the FMCSA hopes that passengers will conduct research to determine which bus companies have the best safety records, before buying their tickets. More information about bus safety can be found at www.fmcsa.dot.gov.

Facts to Know When Your Dallas Car Accident Results in a Brain Injury

Wed, 31 Aug 2011 08:00:00 EST

A Dallas car accident can be serious and lead to a debilitating injury, such as a traumatic brain injury (TBI). A TBI can cause a lifetime of complications and leave you wondering how you will pay your bills. Here are some facts about TBIs:

How common are TBIs?

According to the Centers for Disease Control and Prevention, approximately 1.7 million Americans suffer a TBI each year. Of those:

17.3% result from motor vehicle crashes
35.2% result from falls
10% result from assaults

Concussions

Concussions are the most common type of brain injury and are caused when the head suffers a direct blow. Car accidents often result in concussions since the victims can easily hit their heads on the dashboard, steering wheel, windshield, or side window.

Severe brain injuries

A severe brain injury occurs when the victim experiences a prolonged state of unconsciousness. Severe TBIs can result in a:

Coma
Vegetative state
Locked-in syndrome
Minimally responsive state
Akinetic Mutism

An important fact to note is that you might be able to hold the other driver responsible for your injuries and damages. An experienced Dallas car accident attorney can help you receive the compensation you deserve.

If you or someone you know has suffered a traumatic brain injury resulting from a Dallas car accident, contact Van Wey Law at (214) 329-1350 or (800) 489-5082.

What You Can Do If You Suffer a Brain Injury Resulting from a Dallas Car Accident

Tue, 30 Aug 2011 08:00:00 EST

Often times, a Dallas car accident can involve a blow to the head resulting in a traumatic brain injury (TBI). A TBI can leave you or a loved one with a lifetime of pain and suffering. Treatment for a TBI can be very distressing.

Severe TBIs

In some cases, a TBI can be so severe that treatment is out of your control. A serious TBI can result in a:

Coma
Vegetative state
Minimally responsive state
Akinetic mutism
Locked-in syndrome

When you can help yourself

In other cases, you can help yourself in your recovery effort. Here are several tips you can follow:

Get plenty of rest. Avoid rushing back to your normal daily activities
Avoid any activities that can result in another blow to your head
Only take medications that your doctor has prescribed
Make it a habit of writing things down, especially if you are having a hard time with remembering
Consult with your doctor before driving, riding a bike, and operating heavy equipment

Besides treatment, you will want to consider the fact that you might be able to hold the other party responsible for your damages. An experienced car accident attorney can help you build a solid case.

If you or someone you know has been injured in an accident, contact one of our Dallas car accident attorneys at Van Wey Law at (214) 329-1350 or (800) 489-5082.

Doctor's Lawsuit Targets Parents of Patient Who Overdosed

Mon, 29 Aug 2011 08:00:00 EST

By Marshall Allen
ProPublica, August 26, 2011, 10:57a.m.

The dramatic rise in prescription narcotics use-and the subsequent increase in overdose deaths-has led to a spate of lawsuits around the country targeting doctors for malpractice or running pill mills. But legal experts say the case of one family physician in Henderson, Nev., stands out.

Dr. Kevin Buckwalter has turned the tables, filing a lawsuit against the parents of a young woman who died from an overdose of narcotics that he prescribed.

Buckwalter's suit accuses John and Maggie DeBaun of abusing the legal process, intentionally inflicting emotional distress and interfering with his ability to do business by filing a medical malpractice case against him for the death of their daughter.

"I've never heard of such a lawsuit," said Stacey Tovino, a professor at the William S. Boyd School of Law at the University of Nevada, Las Vegas. Tovino and other Nevada legal experts said it appears to them that Buckwalter abused the legal process in an attempt to intimidate the DeBauns.

Buckwalter did not respond to a call for comment. His brother Bryce, who serves as his attorney, declined to comment about the lawsuit. In an email, he accused this reporter of harassment for attempting to contact his brother, said he would seek a restraining order and threatened to sue ProPublica.

Buckwalter has been a subject of controversy for several years. A 2008 Las Vegas Sun investigation, also by this reporter, highlighted the opinions of four pain-management specialists who reviewed Buckwalter's care of patients and said it appeared to be negligent.

Staci Voyda, a teenager addicted to prescription narcotics, wrote in her journal that she went to Buckwalter to get off drugs. But his treatment included ramping up her dosages of narcotics. She killed herself in August 2007, and family members say the drugs pushed her over the edge.

Another Buckwalter patient, 69-year-old Barbara Baile, was prescribed large doses of narcotics, which caused constipation so severe it ruptured her bowels. A subsequent infection killed her.

These are prescriptions for Xanax and morphine [see photo on ProPublica] by Dr. Kevin Buckwalter for Andrea and Clint Duncan. (Sam Morris/Las Vegas Sun) | See Las Vegas Sun's full investigation on Painful Painkillers.

The DeBauns' daughter, Andrea Duncan, died in 2005 from intoxication with opiates and benzodiazepines, a class of drugs that includes Valium and Xanax. Four days earlier, her husband Clint, also a Buckwalter patient, had overdosed on prescription narcotics and died.

In a 2007 videotaped deposition for an unrelated lawsuit, Buckwalter described the treatment he provided Duncan. Under oath, Buckwalter said he did not examine Duncan on her first visit because he "did not have time," yet prescribed her 300 tablets of Xanax, an anti-anxiety medication, and the painkiller hydrocodone, a synthetic opiate.

The following year, the U.S. Drug Enforcement Administration and Nevada State Board of Medical Examiners stripped Buckwalter of his license to prescribe controlled substances. The DEA attributed at least eight overdose deaths to Buckwalter. The medical board blamed him for four cases of malpractice, including one in which the patient died. Buckwalter closed his practice.

Dallas lawyer Kay Van Wey, who specializes in pill mill cases, filed six lawsuits against Buckwalter on behalf of patients who died or were harmed. The DeBaun case was filed in April 2009, past the statute of limitations in Nevada. But Van Wey argued in the complaint that the deadline should be extended because Buckwalter allegedly concealed his negligence and altered medical records.

A judge didn't buy the argument and dismissed the case. Buckwalter claims in his lawsuit that the DeBauns sued to harass and annoy him.

Buckwalter has denied all of the allegations that he provided substandard care. His lawsuit against the medical board to get his prescribing privileges reinstated was unsuccessful.

Jeffrey Stempel, a professor at the UNLV law school, said that for the DeBauns' lawsuit to be considered an "abuse" of the legal process, there would have to be some ulterior motive other than seeking damages for their daughter's death.

Ann McGinley, another professor at the UNLV law school, said it takes more than simply filing a lawsuit to support a claim of intentional infliction of emotional distress. And given that Buckwalter lost his ability to prescribe controlled substances in 2008, it's difficult to see how the DeBauns interfered with Buckwalter's ability to conduct his business, she said.

McGinley said that if lawsuits like Buckwalter's became more common, they could have a chilling effect, discouraging patients from pursuing legitimate malpractice claims. "My concern is that other doctors will take this on as something that they will do regularly," she said.

The original article can be found at http://www.propublica.org/article/doctors-lawsuit-targets-parents-of-patient-who-overdosed/single#republish.

Google Pays $500 Million for Featuring Ads by Canadian Pharmacies

Fri, 26 Aug 2011 08:00:00 EST

Advertisements on Google have become a powerful marketing tool for many companies, including online pharmaceutical companies that sell prescription drugs to Texas consumers without prescriptions.

When Google Ads began selling to these Canadian pharmacies in 2004, the company knew that the pharmacies were illegally selling prescription drugs to American consumers. Yet, the ad sales boosted Google's stock and helped the company to generate $39 billion in cash alone by June 2011.

Recent estimates suggest that advertising for drugs and other healthcare services or products generates nearly $1.3 billion in Internet spending. According to eMarketer Inc., by 2015, that spending is expected to double to nearly $2.6 billion.

Drugs that are illegally imported into the United States endanger the health and safety of U.S. citizens, especially because many of these drugs are often counterfeits. Prescription drugs that are claimed to come from Canada, often actually come from as many as 27 different countries.

Although the United States cannot prosecute online pharmacies located in foreign countries, criminal investigators for the Food & Drug Administration (FDA) are able to bring charges against Internet search engines, like Google, that help online pharmacies violate U.S. laws.

Based on the $500 million settlement reached, Google will not be criminally prosecuted, but critics say the company's reputation has already been damaged.

What is clear is that U.S. officials are willing to track down those companies that endanger the health of the U.S. citizens and contribute to America's growing prescription pill problem.

Dallas Truck Wrecks Cause Injuries & Headaches for Other Drivers

Thu, 25 Aug 2011 08:00:00 EST

Within a matter of three days, three separate truck accidents in Dallas not only snarled traffic for hours, but also caused damage to area highways.

On Tuesday, a tanker truck and a Jeep collided on Highway 114 in Roanoke. The tanker truck was carrying jet fuel, which caught fire shortly after the collision and burned for hours. Despite the damage caused by the collision, only minor injuries were suffered by a passenger in the Jeep.

Onlookers watched as thick black smoke billowed into the air. Firefighters took air quality measurements to ensure that people in nearby businesses and homes would not be in danger because of the smoke. Clean-up crews could only wait for the fire to burn out before removing the remnants of the truck from the highway, which meant the highway stayed closed well into the night.

The Texas Department of Transportation is expected to inspect the highway for any damage caused by the fire.

And just yesterday morning, another truck overturned on the northbound lanes of Interstate 35 in Dallas near Colorado Boulevard. The 18-wheeler crashed over the barrier into the HOV lane.

The truck was carrying plastic pellets, which spilled out onto the interstate. Hazmat crews were called in to clean-up spilled fuel from the collision. No injuries were reported in the wreck, but drivers making their morning commute north into the Dallas area faced delays of more than an hour.

Then, early this morning, a truck carrying a load of metal pipes turned over on a ramp leading from Interstate 45 to Interstate 30. The truck was the only vehicle involved in the wreck and no injuries were reported, but clean-up crews had to clear the metal pipes from the road before rush hour traffic began.

All of these recent accidents call into question the safety of 18-wheeler trucks.

San Antonio Car Accident Sends One to Hospital

Tue, 23 Aug 2011 08:00:00 EST

A San Antonio car accident involving two vehicles leaves at least one person injured after a woman drives the wrong way on a South Side roadway and slams into another vehicle in the early morning. The incident took place at approximately 2:30 on Thursday morning, August 11, 2011, along Texas 16.

According to San Antonio police, the woman was traveling northbound on the southbound lanes of Texas 16 when she slammed into another vehicle head-on. The unidentified woman was reportedly intoxicated and told officers that she had just left a local bar.

Rescue crews transported the woman to University Hospital where she was treated for a broken leg. Her condition was not immediately made known.

The driver of the vehicle she hit was identified as 20-year-old Steven Anthony. It was unclear if Mr. Anthony was seriously injured in the early-morning crash.

Police took the woman into custody on suspicion of drunk driving. She is expected to be charged with one count of driving while intoxicated.

The San Antonio two-vehicle accident is still under investigation by local authorities.

This is a terrible accident, and we wish all the victims a speedy recovery during this difficult time.

Houston Car Accident Claims Life of Woman Running Across Highway

Sun, 21 Aug 2011 08:00:00 EST

A Houston car accident involving three vehicles claims the life of a woman after she is struck by two vehicles while running across the highway. The incident took place at approximately 3:00 on Monday morning, August 15, 2011, along Beltway 8.

According to reports, a 24-year-old woman involved in a single-vehicle accident parked her car on the Beltway 8 eastbound shoulder. That is when she got out of her vehicle and attempted to run across the highway. Unfortunately, she was fatally struck by an 18-wheeler truck and a Dodge Intrepid.

The driver of the 18-wheeler immediately pulled over to the side of the road and called 911. However, the driver of the Dodge fled the accident scene. Police are still searching for the vehicle and the driver.

Police believe that the woman may have been run over by other vehicles before rescue crews arrived at the accident scene. Her identity was not immediately released by officials.

The fatal Houston car accident is still under investigation by local authorities. Police have yet to file any charges, and no other injuries were reported.

This is a terrible incident, and we extend our thoughts and condolences to the victim's family and friends during this tragic time.

Darvocet, Darvon and Propoxyphene Products Liability Update

Fri, 19 Aug 2011 08:00:00 EST

On August 16, 2011, the United States Judicial Panel on Multidistrict Litigation "MDL Panel" entered a transfer order centralizing and transferring Darvocet, Darvon, and Propoxyphene products liability cases to the Eastern District of Kentucky. The MDL Panel's order answered some frequently asked questions, including the following:

Where do I file my Darvocet, Darvon or Propoxyphene products liability case?

What are the benefits of centralization of Darvocet, Darvon and Propoxyphene products liability cases in one court?

What injuries does the Darvocet, Darvon, and Propoxyphene Products Liability MDL concern?

How many cases are in the Darvocet, Darvon, and Propoxyphene Products Liability MDL?

Who are the defendants in the Darvocet, Darvon and Propoxyphene Products Liability MDL?

For a more complete explanation of the MDL Panel created for Darvocet, Darvon, and Propoxyphene products liability, visit my blog at pillmillmonitor.com.

Heart Check America Fined $3.2 Million

Thu, 18 Aug 2011 08:00:00 EST

A Denver clinic known as Heart Check America has been fined $3.2 million by the Colorado Department of Public Health and Environment for violations including failing to have a state-licensed physician supervise CT scans on patients.

In a ploy to cheat hundreds of people out of thousands of dollars, Heart Check allegedly used high pressure sales techniques to persuade customers to purchase scans. Customers paid thousands for the scans, but never received diagnoses.

Nearly 150 people were going to the Denver location to get scans. These people were potentially exposed to unnecessary radiation without a doctor's supervision.

Curious about the clinic's business, Colorado began investigating Health Check America in April. Soon after, Heart Check America closed its Denver clinic. The company also operates clinics in Nevada, Illinois, New York, South Carolina, California, and Washington, D.C.

The state of Illinois brought a lawsuit against Heart Check America in June for using sales tactics to get people to buy scans worth thousands of dollars.

Colorado has served Heart Check America's operators Sheila Haddad, David Haddad, and Lisa Haddad with notices of the fine. The three will have 30 days to either pay the fine or appeal it. Colorado alleges that the operators exposed patients to scans without doctor approval, kept inadequate records, and did not properly train its employees, among other things.

So far, health department investigators have found no cases of patients injured by having a CT scan at the Denver clinic. Medical experts say that you should not submit to an X-ray or any other scan using radiation without the recommendation of your doctor.

Dallas Motorcycle Accident Leaves Man with Broken Neck

Sun, 14 Aug 2011 08:00:00 EST

A Dallas motorcycle accident involving a sport utility vehicle (SUV) leaves a man with broken bones in his face, a ruptured spleen and a broken neck. The incident took place at approximately 1:45 on Monday afternoon, July 25, 2011, at the corner of Lemmon Avenue and Prescott Avenue.

According to reports, Matthew Meyer was riding his motorcycle near the corner of Lemmon Avenue and Prescott Avenue when he was struck by a red SUV. The driver of the SUV then fled the hit-and-run accident scene.

Rescue crews transported Mr. Meyer to a local hospital, where he spent several days in a coma. He woke up a few days later on his 23rd birthday.

"The accident happened on the 25th of July," said Cindy Meyer, the victim's mother. "Matt woke up on the 29th of July and that was his 23rd birthday. My son keeps saying that it's his second birth."

She also expressed concern over the fact that someone would leave her son lying on the road to die. She indicated that her son sustained burns to the back of his legs and back, due to the heat of the asphalt and pavement.

The Dallas motorcycle accident is still under investigation by local authorities as they continue to search for the hit-and-run driver.

This is an unfortunate incident, and we wish Mr. Meyer a speedy recovery during this difficult time.

Traffic Light Not Working at Time of Fatal Dallas Car Accident

Sat, 13 Aug 2011 08:00:00 EST

A Dallas car accident occurring at an intersection with a non-working traffic light claims the lives of two people after they are broadsided by a pickup truck. The incident took place at approximately 8:00 on Wednesday evening, July 13, 2011, at the intersection of Ferguson Road and Joaquin Drive.

According to reports, Rafael Valdovinios and Yolanda Guzman were on their way home from the grocery store when their vehicle was broadsided by a silver or white pickup truck. The traffic signal was not working at the time of the accident.

Ms. Guzman was pronounced dead at the accident scene. Rescue crews transported Mr. Valdovinios to Baylor Medical Center, where he passed away a few days later from injuries sustained in the accident.

The driver of the vehicle that struck the two victims fled the hit-and-run accident scene. Police have indicated that they believe the driver failed to slow down at the intersection and may have been injured in the accident.

The fatal Dallas car accident is still under investigation by local authorities as they continue to search for the hit-and-run driver.

"All we know is, it's a full-size pickup, silver or white," said Senior Cpl., Kevin Janse. "The key is, it had a large brush guard and, based on severity of the crash, there is going to be damage to the vehicle."

This is a terrible tragedy, and we extend our thoughts and condolences to the victims' family and friends during this difficult time.

Dallas Truck Accident Sends One to Hospital

Fri, 12 Aug 2011 08:00:00 EST

A Dallas truck accident involving a sedan driving the wrong way sends a woman to the hospital after her vehicle collides with an 18-wheeler before the early-morning commute. The incident took place at approximately 3:00 on Friday morning, August 5, 2011, along Interstate 30.

According to reports, a woman was driving the wrong way on the eastbound lanes of I-30 when her vehicle collided with a truck near the Second Avenue ramps. Rescue crews transported the female driver to a local hospital where she was listed in critical condition. Details concerning the unidentified woman's injuries were not immediately made available.

It was unclear as to whether the driver of the truck was injured in the crash. His identity was not immediately made known.

The accident forced emergency crews to shut down all eastbound lanes to allow haz-mat crews to clean up an unspecified amount of diesel fuel that leaked from the truck. The crash also caused heavy delays for early-morning commuters.

The Dallas truck accident is still under investigation by local authorities. Police have yet to determine why the woman was driving the wrong way.

This is an unfortunate incident, and we wish everyone involved in the accident a speedy recovery.

Infuse Plagued by "Dirty" Money

Thu, 11 Aug 2011 08:00:00 EST

Medtronic, Inc., the maker of Infuse, a product used in surgery for synthetic bone growth, has hired researchers at Yale University to review data on its product. The researchers will receive a reported $2.5 million to conduct two different reviews of Infuse.

These reviews come after an article published in The Spine Journal claims that doctors reviewing Infuse, and being paid by Medtronic, failed to report serious complications from the product. The U.S. Senate is investigating the allegations, while the U.S. Justice Department is currently conducting a criminal investigation into Medtronic's marketing of Infuse. Nearly a quarter of the estimated 432,000 spinal fusions that occur in the United States each year use Infuse.

So far, Infuse has generated sales of $750 million this year alone. However, analysts expect that this news about the product's potential risks will curtail sales made in the remainder of the year. Complications associated with Infuse include cancer, infection, bone loss, unwanted bone growth, and male sterility.

The Spine Journal is published by the North American Spine Society. In the article written on Infuse, experts in the practice attacked the previous research, saying it was biased and misleading because it grossly underestimated the risks associated with the product. According to the article, an estimated $62 million were given to 15 surgeons who were charged with reporting the drug's effects over a 10 year period.

Incidents like this raise questions about the accuracy of findings from industry-funded studies. Dr. Harlan Krumholz, a cardiologist at Yale who will be heading up the studies for Medtronic, says "[t]he money has got to come from industry because no one else is going to step up. So how do you create a model that is fair to the company and that also serves the public?"

Although this may be true, consumers are still left to wonder whether the Yale researchers' priorities lie with the consumers or with Medtronic.

Could Toxic Chemicals be in Your Child's Car Seat?

Wed, 10 Aug 2011 08:00:00 EST

Children's car seats often save lives in Dallas car accidents. But could these same car seats also be causing allergies, birth defects, impaired learning, liver toxicity, and cancer?

In a recent study conducted by the nonprofit Ecology Center, more than 150 children's car seats were tested for toxic chemicals like bromine, chlorine, lead, and other heavy metals. Researchers found that 60 percent of the car seats tested contained at least one of these dangerous chemicals.

While this may seem like bad news, the good news is that some of the seats tested were virtually free of these tested toxins. To see how your child's car seat tested, go to www.healtystuff.org. Ecology Center found the following brands were the most toxic car seats:

Infant seat: Graco Snugride 35 in Edgemont Red/Black and Snugride 30 in Asprey
Convertible seat: Britax Marathon 70 in Jet Set & Platinum
Booster seat: Recaro Pro Booster in Blue Opal & ProSPORT Toddler in Mist

The least toxic car seats examined by researchers were the following:

Infant seat: Chicco Key Fit 30 in Limonata, Graco Snugride 35 in Laguna Bay, and Combi Shuttle 33 in Cranberry Noche
Convertible seat: Graco Comfort Sport in Caleo, Graco MyRide 65 in Chandler and Streamer, Safety 1st OnSide Air in Clearwater, and Graco Nautilus Elite 3-in-1 in Gabe
Booster seat: Graco Turbo Booster in Anders

The researchers noted that car seats are becoming less toxic thanks to studies like this. In 2009, 63 percent of the car seats tested contained brominated flame retardants, which are also toxic.

Jeff Gearhart, the Research Director at Ecology Center, reminds parents that "[c]ar seats save lives. It's absolutely essential that parents put their children in them while driving." But he and other researchers at Ecology Center want consumers to know they have a choice when choosing a car seat and can chose seats that contain less harmful chemicals than others.

Hopefully with studies like this one, car seat manufacturers will continue to phase out hazardous flame retardants in car seats.

Could Statins Soon be Available Over-the-Counter in Texas?

Tue, 09 Aug 2011 08:00:00 EST

This November, major pharmaceutical company Pfizer is set to lose patent protection on Lipitor, its blockbuster cholesterol-lowering drug. Each year, Pfizer makes an astounding $11 billion on sales of Lipitor, a number which is soon to be sharply cut by generic competition.

Rumors about Pfizer making Lipitor an over-the-counter (OTC) drug have been swirling, even though Pfizer has not yet confirmed whether this is true. The company does not want to lose its mega profits from the drug and is expected to make its own generic version of Lipitor. Come November, consumers could see as much as a 60 percent savings on the drug.

Other major pharmaceutical companies that have attempted to make their statins OTCs have failed in the past. Merck, for example, attempted to sell its Mevacor as an OTC, but the Food & Drug Administration (FDA) denied this request. According to the Wall Street Journal though, the FDA is now open to the idea of statin drugs becoming OTCs, as long as the drug manufacturers can prove that consumers would use them correctly.

Some medical experts think OTC statins would benefit Americans with high cholesterol, simply because the drugs would be more widely available, especially to those without insurance. But other experts are worried that the statins will do more harm than good.

Some doctors say patients need to have blood tests conducted to determine whether they have high cholesterol. And once on a statin medication, patients need to be periodically monitored to ensure the medication is working properly.

Currently, in the United Kingdom, statins like Lipitor are available without prescriptions. Doctors here worry that if OTC Lipitor hits Dallas' store shelves, patients will either over-medicate themselves, causing liver or muscle damage, or under-medicate themselves, making them vulnerable for a heart attack.

Another worry is that patients will not take the drug very seriously if it is available as an OTC. For example, Americans will continue to eat what they want, thinking they can "counteract" their bad eating by taking OTC Lipitor.

Before the FDA determines whether to allow Lipitor to be made available as an OTC drug, Pfizer will first have to prove that the drug would be easy for consumers of average intelligence to use by reading the instructions on the label.

Dallas Truck Accident Shuts down I-35

Wed, 03 Aug 2011 08:00:00 EST

A Dallas truck crash shut down a section of Interstate 35 early Tuesday afternoon. The driver of the truck was killed in the accident, but no other injuries were reported.

The crash happened near the Wintergreen Road exit in DeSoto. The truck was traveling southbound, but ended up crashing into the barrier and crossing into the northbound lanes.

After jackknifing, the truck was turned on its side, spilling dog food and fuel onto the highway. A hazmat crew was called to clean up the scene, which had traffic stopped for miles in both directions, just as rush hour was about to begin.

DeSoto Police and the Dallas Sheriff's Office are investigating the crash, but have not yet determined what caused it. An SUV was also involved in the crash.

"Surgical Fires Pose a Danger to Patients"

Mon, 01 Aug 2011 08:00:00 EST

Video courtesy DFW CBS Channel 11. To view the entire story that originally aired on July 13th, please visit http://dfw.cbslocal.com/2011/07/13/surgical-fires-pose-a-danger-to-patients/.

As a consumer rights advocate, I was shocked to learn about patients catching on fire in the operating room. I first heard about surgical fires in 2001, when the Velasquez family came to me and asked me to help them make sure that nothing like this ever happened to another family. Their son, Andre Velasquez, was only seven years old when he was caught on fire during a routine tonsillectomy.

Shocked that this had happened to their son during what they thought would be a relatively safe procedure, the Velaquezes helped their son through three years of respiratory problems and breathing treatments. Unfortunately, the Velasquezes are not the only family to experience a medical event like this.

After extensively researching surgical fires, I learned that they are more common than what people may think. An estimated 650 surgical fires occur every year in the United States. However, most states do not require doctors or hospitals to report these events, so there may be more surgical fires each year than the latest estimate.

A surgical fire starts when three conditions are present: an ignition source, oxygen, and fuel. In most surgeries, the doctor provides the source of the ignition, which is usually a cauterizer. The oxygen, which is given to the patient, is generally controlled by the anesthesiologist. Fuel sources can be anything that will burn, including surgical drapes, antiseptic cleanser, and gauze.

If all three of these elements come together, anything in the operating room is fair game to catch on fire. Many of these fires are preventable when OR staff members are properly trained and when they have the proper equipment.

Nearly 10 years later, I am happy to report that Andre is a happy and healthy senior in high school. He no longer has to endure breathing treatments and will be heading off to college soon.

One Beer, One Glass of Wine May Lead to a Serious Dallas Car Accident

Sun, 31 Jul 2011 08:00:00 EST

According to a recent study, just one beer or one glass of wine may increase your risk of being involved in a Dallas car accident. Many think that they are fine to drive following a simple drink. However, the recent University of San Diego, California study contradicts this belief.

Quick overview of the study

The study, which was published online in June 2011 in the journal, Addiction:

Analyzed data on fatal car accidents between 1994 and 2008
The study suggests that having a blood alcohol content (BAC) level of 0.01 can increase your risk of being seriously injured in a Dallas car accident

Researchers suggest possible explanations

Researchers have determined that having just one beer or one glass of wine may lead to a "buzz" sensation, and those driving with a "buzz" tend to:

Drive at higher speeds than those who have not been drinking
Not be properly buckled up when behind the wheel
Be the driver of the vehicle causing the accident

Call to action

In response to their findings, researchers have called on lawmakers to enact stricter laws against those who drink and drive.

"Doing so is very likely to reduce incapacitating injuries and to save lives," said University of San Diego, California sociologist David Phillips.

If you or someone you know has been injured in an accident, contact one of our experienced Dallas car accident attorneys at the law office of Kay Van Wey at (214) 329-1350 or (800) 489-5082.

Grandma Driving Means Children Are Less at Risk of Being in a Dallas Car Accident

Sat, 30 Jul 2011 08:00:00 EST

Though most studies suggest that elderly drivers are more at risk of being involved in a Dallas car accident, a recent study implies that your children may be safer driving with their grandparents than with you.

The study

The Partners for Child Passenger Safety Study was conducted by Children's Hospital of Philadelphia. It analyzed State Farm insurance claims between 2003 and 2007 and accidents involving nearly 12,000 children under the age of 16.

Researchers discovered that:

Children riding with their grandparents experienced an injury rate of 0.70 percent
Children riding with their parents experienced an injury rate of 1.05 percent
That equates to a 33 percent swing in the favor of grandparent drivers

A possible explanation

Researchers concluded that grandparents may be more nervous about driving with their grandchildren, which may lead to safer driving habits.

"Perhaps grandparents are made more nervous about the task of driving with the ‘precious cargo' of their grandchildren and establish more cautious driving habits to offset these challenges," said the researchers.

A car accident involving one of your children can be catastrophic for the entire family. An experienced Dallas car accident attorney can help you understand your rights and hold the negligent party liable.

If you or one of your children has been injured in an accident, contact one of our experienced personal injury attorneys at the law office of Kay Van Wey at (214) 329-1350 or (800) 489-5082.

New York Cracks Down on Motor Coach Companies

Tue, 26 Jul 2011 08:00:00 EST

After three horrific accidents, New York Governor Andrew Cuomo has announced that eight companies operating motor coaches and tour buses have had their operating licenses suspended for violations.

The first accident, which sparked more roadside inspections, occurred in the Bronx in March. Investigators say that accident was caused when the driver of the bus fell asleep at the wheel and lost control. There were a total of 32 people on the bus at the time of the crash, and 15 of them did not survive.

Earlier this month, a second bus crashed after it suffered a blown-out tire on a New York highway. Two people were killed in that crash.

And just last week, 30 passengers were injured when the bus they were riding in was struck by a tractor trailer. With the help of a Good Samaritan, many of the passengers were able to escape the fiery crash, injured but alive. The only fatality noted was of the driver of the tractor trailer.

Closer to home, a Texas bus crash injured all 21 passengers who were on board at the time. One young girl injured in the crash suffered injuries so severe that one of her legs had to be amputated. Driver fatigue is also cited as the cause of that crash.

In response to the tragic crash in the Bronx, Governor Cuomo and New York transportation officials began cracking down on companies with violations. By conducting more roadside inspections--a total of 3,000 within a four month period--transportation officials were able to find major violations that were enough to suspend the operating licenses of some companies. Comparatively, state officials conducted a mere 615 roadside inspections in 2010.

"The frequent, and at times flagrant, violations of state and federal safety regulations by charter bus companies has gone on for too long and put too many lives at risk," said Cuomo.

The companies flagged for violations must halt their operations by early next week and pay to have the Department of Transportation review their buses and company records. These companies include Best Trails & Travel Corp, Party Ride, A & W Tours, Inc., Touch of Class & Coach, Inc., Silver Star Limo Company, LLC, Zoladz Limousine Service, Long Island Limousine Service Corp., and Big Apple Bus Charter, Inc.

The companies named above argue that they always follow the safety rules and that they had not been properly notified of any safety violations.

If you were a passenger of a motor coach or other commercial vehicle and were injured in a crash, you deserve to know your rights. Contact Texas bus accident attorney Kay Van Wey today at 214-329-1350.

Dallas Motorcycle Accident Claims Life of Man

Mon, 25 Jul 2011 08:00:00 EST

A Dallas motorcycle accident involving a hit-and-run driver claims the life of a man after his motorcycle is struck by a car, forcing him to fall off an overpass. The incident took place on Monday afternoon, June 27, 2011, on a bridge over the Dallas North Tollway.

According to local police, a motorcycle turned into the path of a red 1999 Ford F-150 and was struck. The force of the impact sent the motorcyclist over the guardrail where he landed on the shoulder of the Dallas North Tollway.

The motorcyclist has been identified as 41-year-old Roland Olvera. Rescue crews rushed Mr. Olvera to Parkland Memorial Hospital where he was pronounced dead from injuries sustained in the motorcycle accident.

Police report that the driver of the pickup truck never stopped, and he fled the accident scene. Though he may not have been at fault, the hit-and-run driver potentially faces charges for failing to stop.

The fatal Dallas motorcycle accident is still under investigation by local authorities. Anyone with information concerning the hit-and-run motorcycle accident has been asked to contact authorities at (214) 670-5818.

This is a terrible accident, and we extend our thoughts and condolences to Mr. Olvera's family and friends during this traumatic time.

FDA Changes Chantix Label

Mon, 25 Jul 2011 08:00:00 EST

Recent studies have indicated that Chantix can cause heart attacks, so the Food and Drug Administration (FDA) has required a new warning be added to Chantix's label. Chantix is a popular drug used to help patients stop smoking.

The new label will inform the public that patients taking Chantix may face an increased risk of having an adverse cardiovascular event, especially if a patient already has cardiovascular disease. Based on the study results already obtained, patients taking Chantix were more likely to have an adverse cardiovascular event than those taking the placebo.

The FDA has said that it will continue to evaluate Chantix for safety. Patients who experience any adverse health events or side effects should notify their healthcare professionals and the FDA's MedWatch Safety Information and Adverse Event Reporting Program.

This is not the first warning label that has been added to Chantix. In 2009, the FDA issued a black-box warning for Chantix based on the risk that patients would fall into depression or commit suicide after taking the drug.

The Chantix Insanity Defense

Hundreds of lawsuits have been filed against Pfizer, the maker of Chantix, over the past few years for injuries patients sustained while having psychotic episodes linked to taking the drug. Pfizer has denied that Chantix causes any of these injuries.

But a 2010 study published by the Institute for Safe Medication Practices shows that some patients taking Chantix did commit violent and unprovoked aggressive acts while on the drug. And they were more likely to commit these acts within the first few weeks of taking the drug. Of the patients who showed violent tendencies while on Chantix, 93 percent no longer exhibited these violent tendencies after being taken off the drug.

Since first being released on the market in 2006, several studies have linked Chantix to neuropsychiatric injuries, causing behavioral changes, aggression, hostility, depression, agitation, rage, and suicide.

More recently, a woman in Vermont on trial for the murder of her husband has claimed that her use of Chantix caused her to drive their car into a tree, in an attempt to kill her husband and herself. Her attorneys are claiming that Chantix drove her to "try a violent and suicidal resolution by Chantix."

This is not the first time the Chantix defense has come up in a murder trial. In another case out of Vermont, a man claimed that Chantix caused him to think his mother was a police officer out to get him, so he shot her. She later died from her wounds. The defense allowed the man to get a plea deal in which the murder charge was downgraded to voluntary manslaughter.

If you or a loved one have suffered an adverse cardiac event or have suffered a neuropsychiatric injury while taking Chantix, call Dallas dangerous drug attorney Kay Van Wey today at 800-489-5082.

Houston Pedestrian Accident Claims Life of Woman

Sun, 24 Jul 2011 08:00:00 EST

A Houston pedestrian accident involving a sport utility vehicle (SUV) claims the life of a woman after she is hit before the driver flees the accident scene. The incident took place early Friday morning, July 8, 2011, in the eastbound lanes of FM 1960.

According to reports, a woman was struck by a 2008 Nissan Armada in the 3400 block of FM 1960. The driver then fled the accident scene.

The victim has been identified as Rosie Mitchell, 52, of New Waverly. Rescue crews found her body lying in the eastbound lanes of FM 1960 when they arrived at the hit-and-run accident scene.

Investigators are searching for the driver of the SUV, which may have sustained damage to the right front passenger side.

"There was what appears to be a large portion of the right front headlight assembly," said Lt. Michael Combest, with the Precinct 4 Harris County Constable's Office. "Hopefully that vehicle part remaining on the scene is what's going to open up this investigation for us."

The fatal Houston pedestrian accident is still under investigation by local authorities. Any one with information concerning the hit-and-run pedestrian accident has been asked to contact authorities at (281) 376-3472.

This is a terrible tragedy, and we extend our thoughts and condolences to the victim's family and friends during this difficult time.

Would You Be Safe in a Texas Bus Accident?

Fri, 22 Jul 2011 08:00:00 EST

Early this morning, a semi truck struck a tour bus on Interstate 90 in New York, instantly killing the truck driver. Out of the 53 passengers onboard the bus at the time of the collision, at least 30 were injured.

Investigators are not sure why the accident happened, but they preliminarily announced that the bus had broken down and may have been pulling back onto the interstate when the truck collided with it. Shortly after the collision, the bus erupted into a ball of fire. Officials say that the death toll would have been much higher, but that a soldier who came upon the accident risked his own life to save people from the burning bus.

This most recent bus accident comes in a rash of accidents involving tour buses, including one bus accident in Texas. Last month, another bus crashed just outside Richmond, Virginia, killing four people on board. The driver of that bus, Kin Yiu Cheng, was charged with reckless driving. Sky Express, the owner of the bus, has had a record of safety problems.

And just last Monday, another bus crashed on a New York highway, killing two passengers. Investigators are still trying to determine the cause of that accident, but believe that a blown tire may be to blame.

So far this year, the Advocates for Highway and Auto Safety estimate that 32 people have been killed in bus accidents across the country, and another 323 have been injured. Compare these numbers with those obtained just last year, and you'll find there's already been an increase in the number of fatalities and injuries from these accidents. Only seven months into the year, and already we have surpassed the 30 deaths and 272 injuries caused by bus accidents that occurred in 2010.

But many wonder whether the statistics given by the National Highway Traffic Safety Administration (NHTSA) are accurate. According a USA Today investigative report, the NHTSA has underreported the number of deaths from bus accidents since at least 1995. This underreporting has led people to believe that despite their lack of seat belts, these tour buses are safer than most other forms of travel.

If you were a passenger on a bus that was involved in an accident and you were injured, you deserve to know your rights. Contact Texas bus accident attorney Kay Van Wey today at 800-489-5082.

FMCSA Steps Up Safety Enforcement but Bus Accidents Continue

Wed, 20 Jul 2011 08:00:00 EST

Early in the morning on July 1st, a motor coach carrying 21 passengers crashed on northbound interstate 35. Of the 21 people on the bus at the time of the crash, 18 had to be taken to local area hospitals in Austin and San Antonio. A young girl on board suffered such severe injuries that one of her legs had to be amputated.

Troopers from the Department of Public Safety (DPS) investigated the crash and later released a report stating that the driver, Jesus Basio-Ramirez of Dallas-based Mares Bus Lines, had fallen asleep at the wheel, veering off the road. After hitting a road sign, Basio-Ramirez woke up and attempted to steer the bus back onto the highway, but he ended up overcorrecting and lost control of the bus, causing it to roll onto its side.

Under current federal rules, bus drivers are allowed to drive only 10 hours during a 15 hour shift and must have at least eight hours of rest before getting behind the wheel. Basio-Ramirez’s time logs have not been released, but they might help determine whether Mares Bus Lines was committing safety violations. Rosa Morens, the mother of the young girl whose leg had to be amputated after the accident, has filed suit in Dallas County against Mares Bus Lines.

FMCSA Attempts to Take Unsafe Carriers off the Roads
In a program aimed at preventing motor coach accidents like the one near Austin, Federal Motor Carrier Safety Administrator (FMCSA) Anne Ferro instituted Roadcheck 2011. The program includes surprise inspections, full compliance reviews, and enforcement of safety violations.

Beginning in 2010, FMCSA stepped up enforcement and has issued 14 imminent hazard orders to take unsafe carriers out of service since that time. Comparatively, from 2000 to 2009 FMCSA issued the same number of orders. The agency has increased the number of roadside inspections by 100 percent since 2005 when it conducted nearly 13,000 inspections. In 2010, more than 25,000 inspections were performed.

Fatigued Drivers Still on the Roads
Commercial driver fatigue is still an issue. Some argue that we need to further limit the number of hours a commercial driver may be behind the wheel. FMCSA and the U.S. Department of Transportation have proposed new rules to limit driving hours that could take effect as early as next year. But some argue that even with these limitations, fatigued drivers will still be on the roads.

Despite FMCSA’s attempts to step up enforcement against unsafe motor carriers, accidents continue to happen, and some are deadly. This past Monday, another bus crashed in New York, killing two passengers who were on board at the time. Investigators believe that a blown tire may be to blame for that crash.

So what would make these buses safer to ride? Seat belts are one answer. Despite the extensive seat belt campaigns that have been built up within the past few years, motor coaches are not required to install seat belts. This could change though, if Senator Kay Bailey Hutchinson’s bill requiring seat belts in both old and new buses passes.

Hot Coffee Shows How Plaintiffs are Affected by Tort Reform

Mon, 18 Jul 2011 08:00:00 EST

Have you ever wondered what happened to the woman who sued McDonald's after she spilled hot coffee on herself? You probably remember that she was just trying to get money, right? Or were her injuries so serious and life-threatening that she deserved the $2.1 million verdict she got?

Hot Coffee is a new documentary film that follows four families, including the infamous hot coffee plaintiff, Stella Liebeck, whose lives have been altered by their inability to access the court system. After learning of the severe burns Ms. Liebeck suffered, or about the woman who was kept out of the courts for four years after she was raped by her co-workers while working for a contractor in Iraq, you may change your mind about how you view our justice system.

Hot Coffee sets out to dispel the misperceptions about personal injury litigation and takes a closer look at why big businesses are fighting to keep injured plaintiffs out of the court system.

Beginning in the 1980s, businesses launched a war against injured plaintiffs by telling the public that too many frivolous lawsuits were being filed and that our juries were out-of-control in awarding plaintiffs verdicts. Since then, severely injured plaintiffs have continued to lose ground in the court system because of the lobbying efforts of pharmaceutical and insurance companies, among others. And these lobbying efforts have benefitted big corporations by keeping the court system from holding companies accountable for injuring consumers.

Legislators have continually passed laws aimed at keeping plaintiffs out of court and giving big business the tort reform for which they have pushed. Just recently in Texas, legislators passed a new tort reform bill that Governor Rick Perry signed into law. Texas House Bill 274 was dubbed the "loser pays" bill in which an injured plaintiff could potentially have to pay the defendant's attorney's fees, if he refuses a settlement and gets a verdict that is less than 80 percent of the settlement offer. The attorney's fees would be calculated from the date the plaintiff refused the settlement offer.

There is no doubt that because of this tort reform, a plaintiff injured at the hands of a large corporation would take an unfair settlement offer over having his day in court because he's worried that he would have to pay the corporation's attorney's fees.

Hot Coffee will be playing on HBO through July 28th. You can also order it via HBO On-Demand Service or preorder the DVD, which will be available in the fall. After you have watched the film, the makers of Hot Coffee ask you to consider the following questions:

1. If you'd heard of the McDonald's coffee case before viewing Hot Coffee, did watching the film change your mind about what you thought?
2. Did you learn anything new about torts or "tort reform"? What about "caps" on damages? How many mandatory arbitration clauses do you think you've agreed to in the last year?
3. What can you do to protect our civil justice system and change the misconceptions so many people have today?
4. What actions are you going to take about this issue right away? SUGGESTIONS: Write your representatives in Congress and in your state legislatures. Write a letter to the editor of your local newspaper. There is pending federal legislation called the Arbitration Fairness Act, and many states are moving to pass restrictive caps every day. Your voice will make a difference.

Fosamax Shown to Cause Femur Fractures

Thu, 14 Jul 2011 08:00:00 EST

An advisory committee for the Food and Drug Administration (FDA) will be meeting in September to evaluate the risks posed to patients taking bisphosphonates, drugs which are commonly used to treat osteoporosis in women. The meeting comes after reports were sent to the FDA of women fracturing their femurs after doing something as simple as stepping off a curb.

In the meantime, the FDA has sent out a safety announcement, warning patients about all bisphosphonates, which include the drugs Fosamax, Actonel, Boniva, Reclast, and the generic Alendronate. Despite the warning, these drugs remain popular and have contributed $3.5 billion in revenue to their respective companies.

Lois Takamori of Hawaii had been taking Fosamax for eight years, hoping to prevent osteoporosis, until one day she took a step backward and her femur fractured. She had to undergo painful surgery to have screws placed in her femur. Once an active and fit woman, the 62 year-old now walks with a cane and still suffers from the pain of her fractured femur.

Ms. Takamori has filed suit in a federal court in Hawaii against Merck, the maker of Fosamax, for her broken femur. She is alleging that Merck failed to adequately warn her of the risk of this happening. Others like Ms. Takamori have also filed suit for similar occurrences that happened to them.

In recent years, medications like Fosamax have been linked to spontaneous femur fractures and osteonecrosis of the jaw, which leads to jaw bone decay. Because of these links, the FDA in October 2010 required bisphosphonates makers to add a warning label about the risk of bone fractures.

Prolonged exposure to the medication is believed to be one of the causes of these fractures. Many of the women who experienced femur fractures had been taking the medication for at least five years.

So what should you do if you are currently taking this medication? The FDA is advising patients taking bisphosphonates to see their doctor if they develop a pain in one or both of their thighs. Patients who are worried about developing a femur fracture should not take themselves off the medication, but should talk with their doctor about alternative treatment options. Finally, patients who have been on a bisphosphonate for four years or longer should talk with their doctor about whether they should continue to take the drug or find an alternative treatment option.

In the meantime, the FDA has sent out a safety announcement, warning patients about all bisphosphonates.

If you or a loved one took Fosamax, Actonel, Boniva, Reclast, or any other bisphosphonate and experienced a spontaneously fractured femur or jaw bone decay, contact Van Wey Law today.

Van Wey Law Launches Texascarwreckattorneys.com

Tue, 12 Jul 2011 08:00:00 EST

Have you recently been in an auto accident and aren't sure how to proceed next?

If you've been injured in an accident, you need accurate answers quickly.

Dallas personal injury attorney Kay L. Van Wey is now launching a new blog, Texascarwreckattorneys.com, with information for consumers on what to do after an auto accident and guidance on when to contact an attorney for help.

Texascarwreckattorneys.com is dedicated solely to auto accident information, so you can find the information you need easily. And Kay is a Board Certified Personal Injury Attorney with over 25 years of experience, so you can rest assured that the information you receive is accurate. Named as a Texas Super Lawyer for nine consecutive years, including 2011, Kay has received the endorsement of her peers and clients.

At Texascarwreckattorneys.com you'll find even more information on truck accidents and distracted driving-related accidents, with information to come on motorcycle accidents, bus accidents, bicycle collisions, and pedestrian accidents.

Know your rights after an auto accident. Visit Texascarwreckattorneys.com today.

San Antonio Car Accident Leaves Three Injured

Mon, 11 Jul 2011 08:00:00 EST

A San Antonio car accident involving a single vehicle injures three after the driver slams into a sign post. The incident took place at approximately 11:30 on Sunday evening, July 3, 2011, along U.S. 281.

According to local police, the driver of a car carrying three people lost control of the vehicle along U.S. 281 at San Pedro Avenue and slammed into a sign post. The driver has been identified as a 26-year-old male.

Rescue crews transported the driver, along with one of his passengers, to University Hospital where they were treated for injuries sustained in the accident. The driver was listed in serious condition. The third passenger reportedly suffered a busted lip.

The San Antonio car accident remains under investigation by local authorities. Police believe that the driver may have been going too fast around a curve when he lost control of his vehicle.

A second car accident on the same day sent one person to the hospital after two pickup trucks collided along the shoulder of Interstate 35 at Cassin Road. According to reports, a truck with a trailer was sideswiped by another truck after the driver stopped along the interstate.

Rescue crews transported the second truck driver to University Hospital and treated him for multiple injuries.

Fort Worth Pedestrian Accident Injures Two

Sun, 10 Jul 2011 08:00:00 EST

A Fort Worth pedestrian accident leaves two injured after a car slams through a local hair salon. The incident took place at approximately 10:00 AM on Wednesday, June 22, 2011, in the 700 block of W. Berry Street.

According to reports, the driver of a car drove through the front window of a Pro-Cuts salon along W. Berry Street. The car struck two girls who were sitting on a bench, knocking them into the air.

Rescue crews transported one of the girls and the driver to a local hospital where they were treated for injuries sustained in the accident. Their conditions were not immediately made known.

The owner of the hair salon, Beth Driskill, said that the second girl got up and appeared to be fine.

"Two sisters were on a bench and they just went flying through the air when the car came through," said Ms. Driskill. "They apparently had been waiting on their mother, who was getting a haircut."

The Fort Worth pedestrian accident remains under investigation by local authorities. It is unclear as to why the unidentified driver slammed through the hair salon.

This is an unfortunate incident, and we wish all the victims a speedy recovery during this difficult time.

Fort Worth Car Accident Outside Donut Shop Claims Life of Man

Sat, 09 Jul 2011 08:00:00 EST

A Fort Worth car accident outside a local donut shop claims the life of an elderly man. The incident took place on Saturday morning, June 25, 2011, in the east Fort Worth area.

According to reports, two vehicles were involved in a minor car accident in the parking lot of a donut shop. Both drivers got out of their vehicles to exchange information. That is when one of the drivers got back inside his vehicle and began to drive off.

The second driver, 70-year-old Jerry Winton, grabbed onto the fleeing car and was dragged across the parking lot. He eventually fell into the street and was run over by the first driver. Mr. Winton lost his life due to injuries sustained in the accident. The driver of the vehicle that hit Mr. Winton fled the accident scene.

Mr. Winton was a Vietnam veteran who served in two tours. He stopped by the donut shop every Saturday morning to pick up breakfast for his family.

"He was our rock," said family members Nancy Winton and City King.

The Fort Worth car accident is still under investigation by local authorities. Police are still searching for the driver who ran over him.

This is a terrible tragedy, and we would like to extend our thoughts and condolences to Mr. Winton's family and friends during this tragic time.

Bus Crash on I-35 Injures All 21 Passengers on Board

Tue, 05 Jul 2011 08:00:00 EST

Bus company has had past problems: kxan.com

Early Friday morning, a bus headed to Dallas rolled over on northbound I-35 between Austin and San Antonio. The bus was owned and operated by Mares Bus Lines Inc., a Dallas-based company. Twenty-one passengers, including the driver, were on the bus when the accident occurred.

All 21 passengers were sent to local hospitals with injuries, some life-threatening. Most of the passengers were headed from Mexico to a final destination of Chicago, with a stop in Dallas.

Investigators are not sure why the driver lost control of the bus, but police say that eyewitnesses saw the bus veer off the road and overcorrect, causing the bus to roll and skid down the interstate. A mechanical failure in the bus was not found.

One of the passengers on board was a four year-old girl who had to have one of her legs amputated above the knee because of the injuries she sustained. Dr. Christian Ziebell of Dell Children's Hospital commented that the injuries seen from Friday's crash are "common on tour buses like that when people are not belted in."

Recently, U.S. Senator Kay Bailey Hutchinson of Texas proposed a bill that would require all buses to have seat belts. The bill has not yet come up for a vote, but crashes like this one show the need for seat belts in buses, especially since this form of travel is becoming more popular with high gas prices and increasing airline fees.

Mares Bus Lines Inc. has 13 drivers and nine buses. The driver of the bus headed to Dallas did not have past violations or citations, but the company has received several violations within the past few years, including five violations for unsafe driving and 12 violations for driver fatigue. Two of the company's drivers had been cited for not having valid commercial driver's licenses.

The bus company has had only one other crash in its history. That crash occurred in Illinois and sent three passengers to the hospital. No other vehicles were involved in that crash.

The roll-over on I-35 is still under investigation. If investigators find that fatigue played a role in the crash, Congress may face more pressure to limit the number of hours both bus drivers and truck drivers can be on the road.

Helping Your Teen Driver Avoid a Dallas Car Accident

Thu, 30 Jun 2011 08:00:00 EST

Is your teen driver at risk of being seriously injured in a Dallas car accident? According to national statistics, teens are involved in three times as many fatal car accidents as all other drivers.

Open the dialogue with your teen driver
Fortunately, there are things you can do to help keep your teen safe from the dangers of the Dallas roadways. The first step is to begin talking to your teen. As a parent, you should:

Share your knowledge about the facts and risks associated with getting behind the wheel
Let your child know that they are more at risk of being fatally injured in a car accident than any other age group
Emphasize that fact that driving can be dangerous and should be taken very seriously

Tips for your teen driver
There are many things to talk about with your teen before they get behind the wheel of an automobile. For instance, discuss:

The importance of wearing a seatbelt. That includes everyone in the vehicle
The things it takes to be a safe driver, such as avoiding speeding
The dangers of talking on a cell phone and/or texting while driving

Unfortunately, you may not always be able to protect your teen from the dangers of the roadways. If your child has been injured in a car accident, contact one of our experienced Dallas car accident attorneys at the law office of Kay Van Wey at (214) 329-1350 or (800) 489-5082.

Truck Driver Who Crashed into Amtrak Train Had Previous Violations

Thu, 30 Jun 2011 08:00:00 EST

Nearly a week ago, a Nevada truck driver crashed into an Amtrak train in the Nevada desert. While the National Highway Traffic Safety Administration (NHTSA) is still investigating the crash, we now know more about the truck driver, Lawrence Valli.

Despite receiving previous violations for speeding and for hitting a car stopped on the side of a Nevada highway, Valli's commercial license had not been taken away from him. He had even been sued by the passengers in the car that he hit. They sustained serious injuries and damages in excess of $100,000. Their claims were settled out of court in a confidential settlement agreement. At the time of that accident, Valli was with another trucking company.

John Davis Trucking, Valli's employer, has also had previous violations filed against it.

Amtrak filed suit against John Davis Trucking in U.S. District Court in Nevada. Amtrak claims that John Davis Trucking negligently hired Valli and failed to properly train him on how to drive its trucks.

This is not the only lawsuit that has been filed against the trucking company for the crash that happened last Friday. An Amtrak employee who was seriously injured in the crash was the first to file suit against both John Davis Trucking and Valli. The plaintiff in that lawsuit is also alleging that John Davis Trucking was negligent in allowing Valli to drive its trucks.

Initial reports from eyewitnesses note that the crossing signals were working at the time of the accident. Skid marks from Valli's truck could be seen on the road after the accident, and investigators estimate that he hit the brakes of his semi truck only 320 feet before where the crossing signals were.

Many are now wondering why Valli wasn't taken off the road if he had so many speeding and other traffic violations. Under Nevada Law, a driver can lose his commercial license if he commits two serious violations within a three year period. Although Valli had committed more than two violations, they were either spread out enough to allow him to keep his commercial license, or the violations did not amount to serious violations, which Nevada defines as driving at least 15 mph in excess of the posted speed limit.

NHTSA investigators are looking into Valli's cell phone records to determine whether he was on his cell phone at the time of the crash. But many still wonder how he could have missed seeing a train in the middle of the desert.

Suspect Arrested in Connection with NY Drug Store Killings

Wed, 29 Jun 2011 08:00:00 EST

After conducting a large manhunt for the suspected drug store killer, New York police have arrested 33 year-old David Laffer. His home is located just minutes from Haven Drug Store, where he allegedly killed four people and robbed the pharmacy of more than 10,000 highly addictive prescription painkillers.

Police had video footage of the killer from the pharmacy, but another important tool they had at their disposal was a prescription drug database. Based on information obtained from this database, police were able to see that Laffer had purchased the same drugs he allegedly stole in the weeks before the killings.

Laffer is a veteran of the U.S. Army. He was discharged in 2002 after serving seven years.

Laffer has been charged with first degree murder for the killings of the four people inside the pharmacy.

His wife, Melinda Brady was also arrested in connection with the crime and has been charged with third-degree robbery. She allegedly drove Laffer to and from the scene of the crime.

"He was doing it because he lost his job and I was sick," Brady told reporters outside the Suffolk County Police Department.

Brady had allegedly been doctor-shopping in the months leading up to the robbery and killings, in an effort to get prescription pain pills. According to recent reports, she had been to as many as 12 doctors, all of whom wrote her prescriptions for hydrocodone, a highly addictive pain pill.

Authorities do not believe that the doctors Brady visited are pill mill doctors, noting that modest quantities of hydrocodone were prescribed to her.

Yet, this pharmacy robbery stands out among the 1,800 that have occurred in the United States in the past three years. Fearing other pharmacies in the area would be struck, authorities advised those pharmacies to install video cameras. Unfortunately, these robberies are becoming more common, with Long Island alone experiencing a 125 percent increase in drug store robberies.

Those close to the couple say that they were energetic and kind, but had faced tough times since both of them had been out of work.

Nevada Semi Truck Collides with Amtrak Train, Killing at Least 6

Mon, 27 Jun 2011 08:00:00 EST

The National Highway Traffic Safety Administration (NHTSA) is investigating a crash that happened last Friday morning near Lovelock, Nevada, involving a semi truck and an Amtrak passenger train. The train was traveling from Chicago to California, carrying approximately 204 passengers and 14 crew members. Six people were killed in the accident, including a conductor, the driver of the truck, and four passengers onboard the train. Five others are still missing.

The train was traveling at 75 mph, and according to witnesses, the crossing signals were functioning, but the truck driver didn't appear to respond to the oncoming train until it was too late. Investigators will have to wait for the autopsy and toxicology reports before they can determine whether the driver's reaction to the train was affected by any drugs or other substances.

The truck was owned by John Davis Trucking Company, based out of Battle Mountain, Nevada. The company, which specializes in hauling ore from local mines, has had 19 inspections, seven of which have resulted in the company receiving fines for violations. One of the company's trucks was removed from the road because its tires were so bald that it posed a danger to other drivers. Two other crashes involving the company's trucks were due to unsafe driving by the company's drivers.

NHTSA will look into the driver's history to determine whether he had any past safety violations. But according to Nevada Highway Patrol trooper Chuck Allen, "Anybody should have seen that train coming." He added that usually these types of accidents are caused by distracted or fatigued drivers.

If the NHTSA finds that the driver was fatigued, the agency may face harsh criticism of its current rules regarding the number of hours a semi truck driver can be on the road.

San Antonio Pedestrian Accident Involving Patrol Car Claims Life of Toddler

Thu, 23 Jun 2011 08:00:00 EST

A San Antonio pedestrian accident involving a local patrol car claims the life of a toddler after the child is struck by a police car. The incident took place at approximately 9:00 PM on Saturday, June 4, 2011, in the 4100 block of Culebra Road.

According to reports, a 2-year-old child wandered out of his family's apartment and onto the road where he was fatally struck by a San Antonio police car. The officer, who remains unidentified, was returning to his station at the end of his shift when the incident occurred. He reported hearing a thump and turned around to investigate.

"It was an unavoidable accident," said Chief William McManus. "He is a good officer and is extremely upset by what happened."

According to the child's uncle, Martin Villarrea, the child was being watched by his mother, his aunt, and her boyfriend when the incident occurred.

"I guess he unlocked the door and he went running in the street, and when he was running, he went on the sidewalk over there," said Mr. Villarrea. "I don't know. From over there, he went to the street, I guess."

The fatal San Antonio pedestrian accident is still under investigation by local authorities. It is unclear if the parents will be charged for allowing their child to leave the home unattended.

This is a terrible tragedy, and we extend our thoughts and condolences to the victim's family and friends during this difficult time.

Man Kills 4 at Long Island Drug Store, Leaves with Prescription Drugs

Wed, 22 Jun 2011 08:00:00 EST

This past Sunday, a man shot and killed four people inside a Long Island, New York drug store. Police say the man also got away with a backpack full of prescription drugs, many of them highly addictive pain killers.

Long Island Police believe that the man's primary intention was to rob Haven Drugs, but say that he didn't leave with any money, just with prescription drugs. His drug of choice is believed to be oxycodone, a highly addictive prescription drug used to treat pain. Police are not sure why the man also killed the only four people in the store, but they believe the man is a drug addict who killed his victims without provocation.

Among the victims are two employees of Haven Drugs and two customers in the store at the time. One of the employees was a 17 year-old high school senior who was just a week shy of graduating. Also killed was a soon-to-be bride whose fiancé found her lifeless body lying on the floor. He had stayed in the car while she went in the store, but entered the store after he noticed she was taking longer than usual.

These tragic stories are unfolding as police try to track down the ruthless killer. Suffolk County Police Commissioner Richard Dormer said that the man shot his victims at close range and that there was no sign of a struggle from any of the victims. He is warning pharmacy owners that the man may strike again, which has many in the community on edge.

Robberies involving prescription drugs are not a new development in the Long Island area. In fact, holdups for prescription drugs have gone up 125 percent in the past two years. Haven Drugs had been struck by robbers three times before this incident.

The U.S. Drug Enforcement Agency (DEA) is now calling on pharmacies to provide security to make sure something like this does not happen again. But many are now asking, what is addiction, and why does it drive some people to commit senseless acts like this?

Houston Car Accident Involves Police Vehicle

Sun, 19 Jun 2011 08:00:00 EST

A Houston car accident involving a police car sends two women to the hospital after a car runs a red light and slams into the patrol car. The incident took place on Thursday, June 9, 2011, on the South Loop feeder road.

According to reports, a black sport utility vehicle (SUV) was traveling westbound on the South Loop feeder road when the driver ran a red light and crashed into a police car traveling northbound on Scott. The SUV clipped the front end of the patrol car, knocking the front bumper off of it.

Fortunately, neither of the two Houston Police Department officers were injured. However, rescue crews transported two female passengers from the SUV to a nearby hospital as a precaution. Their conditions and identities were not immediately made available.

The driver of the SUV was not identified, and it remains unclear as to whether the driver was injured in the wreck.

The two-vehicle Houston car accident is still under investigation by local authorities. The driver of the SUV was arrested by police for traffic violations. Details concerning those violations were not made known.

This is an unfortunate incident, and we wish the victims a speedy recovery during this difficult time.

Fort Worth Bus Accident Injures Two

Fri, 17 Jun 2011 08:00:00 EST

A Fort Worth bus accident involving two vehicles sends two people to the hospital and leaves a man in jail. The incident took place at approximately 3:00 on Thursday afternoon, June 9, 2011, in the 1700 block of Miller Avenue.

According to reports, the driver of a blue 1999 Crown Victoria ran a red light at Avenue J and slammed into a MITS bus traveling north on Miller Avenue. Witnesses report that the driver of the car got out of his vehicle and went to a nearby residence.

Rescue crews transported the bus driver and a passenger to a nearby hospital where they were treated for injuries sustained in the accident. Their injuries were described as non-life threatening.

Several witnesses reportedly followed the driver, who has been identified as 46-year-old Patrick Donovan McBrayer, after he fled the accident scene. One of the witnesses offered him a ride when he left the residence. The witness then transported Mr. McBrayer back to the accident scene and handed him over to authorities.

The two-vehicle Fort Worth bus accident is still under investigation by local authorities. Mr. McBrayer faces DWI and being in an accident causing injury charges. It is unclear if he was injured in the crash.

This is an unfortunate incident, and we would like to wish all the victims a speedy recovery.

Congress to DOT: If You Won't Fix the Motor-Coach Problem, We Will

Fri, 17 Jun 2011 08:00:00 EST

On Interstate 95 in Virginia, a bus carrying 59 passengers on their way from North Carolina to New York overturned, leaving four dead and dozens injured. The driver had fallen asleep at the wheel, a problem that has been highlighted recently not only among bus drivers, but also among truck drivers.

Just as the bus started to veer off the road, the driver awoke and swerved back onto the busy interstate. But the correction was too much for the bus, which overturned, crippling part of the cabin's roof. The driver, Kin Yiu Cheung, was charged with four counts of involuntary manslaughter.

The bus was owned by Sky Express of North Carolina, a company that the Federal Motor Carrier Safety Administration (FMCSA), a division of the Department of Transportation (DOT) had failed to shut down, despite its numerous previous safety violations. On April 12, just weeks before the accident in Virginia, regulators at FMCSA had given Sky Express an unsatisfactory rating and could have shut the company down, but decided to extend their review for 10 days to build up a case and check for other violations. Meanwhile, Sky Express continued to carry passengers, despite the major safety violations.

President Obama and his administration have proposed stricter regulations for motor-coach carriers like Sky Express. So far though, even Secretary Ray LaHood, head of the DOT, has said that FMCSA has not been doing its job. The National Highway Traffic Safety Administration (NHTSA) has proposed a rule that would require seat belts on new buses, but the rule has not been finalized, and buses currently on the road would not have to install seatbelts.

In a statement released by the American Bus Association, association president Pete Pantuso cited bad drivers and companies with poor safety records as the main causes of bus fatalities. "We first need to get the bad guys off the road," said Pantuso.

Installing seat belts in buses and requiring safety inspections is exactly what a new bill up for debate in the U.S. Senate will address. Co-authored by Senators Sherrod Brown (OH) and Kay Bailey Hutchinson (TX), the Motor-Coach Enhanced Safety Act of 2011 (S453) passed Senate committee review earlier this year.

Senator Hutchinson cites a lack of action by the DOT and a needlessly high death rate from bus accidents as the stimulus for this bill. In 2009, more than 720 million passengers rode motor coaches, and with gas prices on the rise, the industry expects that bus travel will continue to outpace air and rail travel as the fastest growing sector of transportation. Half of all bus accident fatalities occur because of rollover accidents, and 70 percent of those fatalities are because the passenger was thrown from the bus.

The bill aims to hold motor-coaches to the same high safety standards that are required of airplanes and cars. Also, all motor-coach companies would be required to undergo safety inspections to ensure safe operation of the buses before they even carry a passenger. Senator Hutchinson hopes this will eliminate "reincarnated carriers," which are bus companies that are taken out of service because of extensive safety violations, but that find ways to operate under new names.

Whether Congress passes the Motor-Coach Enhanced Safety Act, or FMCSA initiates new rules for these carriers, one thing is clear - the safety of American consumers is at stake.

Frisco Car Accident Claims Life of Young Girl

Thu, 16 Jun 2011 08:00:00 EST

A Frisco car accident involving a tow truck claims the life of a young girl and leaves two others injured, including her sister, after the tow truck slams into the back of a car. The incident took place on Wednesday evening, June 8, 2011, along State Highway 121.

According to Frisco Police Sergeant, Adam J. Henderson, the collision occurred on the southbound access road of State Highway 121 where a car had either slowed down or stopped in the center lane due to mechanical problems. That is when the vehicle was rear-ended by a tow truck.

A 9-year-old girl was sitting in the back seat when the accident occurred. Unfortunately, she was pronounced dead at the scene.

Rescue crews transported her 32-year-old mother and 12-year-old sister to Medical Center of Plano where they were treated for non-life threatening injuries. Their conditions were not immediately made known.

The unidentified 49-year-old tow truck driver escaped injuries. Police have yet to determine whether any charges will be filed against the Frisco man.

The fatal Frisco two-vehicle car accident is still under investigation by local authorities.

This is a terrible tragedy, and we would like to extend our thoughts and condolences to the young victim's family and friends during this traumatic time.

Are Pharmaceutical Companies Compromising Your Health?

Wed, 15 Jun 2011 08:00:00 EST

In 2004, Merck pulled its popular drug Vioxx off the market after concerns about the drug's tendency to cause heart attacks, strokes, and blood clots surfaced. But later evidence showed that Merck had known about the dangers Vioxx posed before it pulled the drug off the market.

Thanks to Merck's sly marketing and commercially funded studies, Vioxx was kept on the market longer than it should have been. In fact, doctors in the United States prescribed $7 billion worth of Vioxx prescriptions, thinking that it was safer than similar drugs available on the market. Researchers estimate that Vioxx caused upwards of 144,000 cases of heart disease.

Merck conducted its own studies on Vioxx, which clearly showed that the drug was more dangerous than its counterparts on the market and caused significantly more heart attacks, strokes, and blood clots. So why didn't doctors prescribing the drug know more about these studies? Some say the answer lies in the journals that published articles on Vioxx and Merck's decetive marketing tactics.

Today, most clinical trials are commercially funded, which some suspect has led scientists and corporations to manipulate the findings of these trials. The journals that publish these findings are also dependent on the drug companies for financial support. Reprints of favorable articles can cost upwards of $1.75 million, but these are then handed out to doctors who prescribe the medications, ultimately generating profits for the drug companies. In 2003, the Journal of the American Medical Association (JAMA) reported that clinical trials that received commercial funding were three times more likely to conclude that the drug being studied was safe, compared to non-commercially funded studies.

Often, the results of these studies are not made available to the journals publishing articles about the drugs. This veil of secrecy has led many to believe that the articles published are not trustworthy, but they are nevertheless relied upon by doctors prescribing these medicines to thousands, if not millions, of patients.

The marketing tactics used for Vioxx were even more suspicious. Merck told its sales representatives not to bring up negative studies relating to the use of Vioxx when speaking with doctors. If the doctors questioned the studies, sales representatives were told to direct any questions to Merck's headquarters and to stick to the information contained on the drug's label.

By the time Vioxx was pulled off the market, it had generated $2.5 billion in sales each year and was taken by an estimated 80 million patients.

Merck recently redesigned the label of Zocor (generic name Simvastatin), its widely popular cholesterol-lowering drug, because research indicated its 80mg dose is more dangerous than previously though. Over the past few years, Simvastatin has skyrocketed to being the second most prescribed drug in the United States. Despite calls from some doctors to take 80mg Zocor off the market, Merck refuses. Dr. Steven Nissen, a cardiologist at the Cleveland Clinic Foundation, has been a staunch supporter of banning 80mg Simvastatin. He argues that the recent restriction on the drug is too little too late.

Consumers will have to wait to see whether evidence comes forward that Merck had actual knowledge of widespread muscle damage caused by Zocor. But all of this begs the question, are drugs becoming so expensive to develop that pharmaceutical companies will risk patient's lives to recoup research costs and generate large profits before they take these dangerous drugs off the market? Or are these companies simply greedy for money?

Why is Zocor So Popular Even though it's Dangerous?

Tue, 14 Jun 2011 08:00:00 EST

Zocor first came on the market in 1991. Since then, Zocor and its generic, Simvastatin, have become the most widely prescribed statins in the United States. But just last week, the FDA issued a new warning that the drug can cause severe muscle damage, which can lead to kidney failure and death. So why is Simvastatin so popular if it has these life-threatening side effects?

The simple answer is cost. Simvastatin is the only effective cholesterol-lowering drug on the market, available in a generic form. While there are more effective cholesterol-lowering drugs on the market, like Crestor, these drugs are available only under their brand names, meaning they are more expensive.

Pharmaceutical companies pump millions of dollars into the research and development of a new drug. By some estimates, it can take as long as 12 years before the drug even reaches the market. After a pharmaceutical company develops a new drug to release on the market, it must go through the U.S. Patent & Trademark Office to receive a patent on the drug. A patent on a prescription ususally lasts 20 years from the date of filing, during which time other companies are prohibited from using the same or a similar formula to develop a similar drug.

Once the patent has expired, other pharmaceutical companies can then come in and take the original company's "recipe" for the drug and make their own version of it. Generic versions of drugs are not always the same as their brand name counterparts, but under Food and Drug Administration (FDA) regulations, they must contain the same active ingredients, strength, and dosage forms.

Because brand name drugs are typically the only drugs on the market of their kind, there is no competition to drive the price down, so pharmaceutical companies can charge seemingly exorbitant amounts. For example, a good quality prescription drug can run as much as $80 per prescription for a person who is uninsured, while the insured person ends up paying a high co-pay.

In contrast, generic drugs are more easily obtainable because usually more than one pharmaceutical company is manufacturing them, which increases competition and drives down prices. Both the uninsured and insured patient benefits from these medications because of the low cost and the benefits the drugs have for the patient's health. According to the FDA, generic drugs are usually 80 to 85 percent cheaper than their brand name equivalents. This is because the manufacturers of generic medications do not have to engage in a significant amount of research and development or advertising and marketing, because they do not have as many costs to recoup.

Unfortunately, until statins like Crestor go off patent for generic competition, these newer, perhaps safer statins will continue to cost consumers more.

The FDA recommends that you talk to your doctor before you stop taking Zocor, Vytorin, Simcor, or any related generic of simvastatin.

If you or a loved one has taken or is taking Zocor, Vytorin, Simcor, or one of its generic equivalents and has experienced severe muscle damage, contact Van Wey Law today.

Adverse Drug Reactions & the Safety of Pharmaceutical Drugs

Mon, 13 Jun 2011 08:00:00 EST

With the recent warning issued by the Food & Drug Administration (FDA) about Simvastatin and the harmful effects it can have on muscles and kidneys, some are wondering why the drug did not come with more warnings sooner.

Simvastatin, marketed under drug name Zocor, was first approved in 1991 for the treatment of high cholesterol. The drug works to block the body's creation of cholesterol via the liver. Until 2010, the FDA had not issued any safety warnings about the drug. But after a study followed patients over a seven year span, the results prompted the FDA to warn consumers taking the drug about its potential side effects.

Public Citizen, a patient advocacy group, argues the FDA should have taken the 80 milligram (mg) dose of Simvastatin off the market completely. In fact, Public Citizen has added Simvastatin to its "Do Not Use" list of medications.

In 2008, statins like Simvastatin raked in $14.5 billion in sales in the United States. And researchers estimate that as many as 1.2 million people could be taking the dangerous 80mg dose of the drug right now.

Some argue that researchers have protected pharmaceutical companies by downplaying the dangers that drugs actually pose. Most people don't know that the average drug has 70 potential reactions. The most commonly prescribed drugs average 100 side effects each, but some have as many as 525 side effects. Couple this with the fact that the average American between the ages of 19 and 64 takes more than 11 prescription drugs, and you could have a recipe for disaster.

Between the number of drugs Americans take and the possible reactions each of those drugs can have, about 700,000 people visit the emergency room each year because of adverse drug reactions. According to the World Health Organization (WHO), an adverse drug reaction is an unintended reaction to prescribed drugs that occurs at doses which are normally used for treatment. Even drugs that are properly prescribed and properly administered can be potentially fatal. In fact, about 106,000 deaths per year are caused by adverse drug reactions.

The WHO reports that these adverse drug reactions are among the leading causes of death in many countries. But the good news is that deaths due to this are preventable. Harm from an adverse drug reaction can be minimized when medicines are properly studied to make sure they are of good quality, are safe, effective, and used by the right patient at the right time and in the right dosage.

For now, the FDA is sending the message that there are safer, more effective statins on the market than Simvastatin. All drugs come with some risk, and unfortunately, a side effect of statins is muscle damage. But where inadequate warnings have been given about a drug's potential risk, consumers need to be made aware and be informed.

The takeaway from this is that no drug is safe, and you should talk with your doctor about any side effects or potential side effects of the drugs he prescribes you.

For up-to-date information on Zocor and other dangerous drugs, visit www.pillmillmonitor.com.

Houston Car Accident Claims Life of 8-Year-Old

Thu, 09 Jun 2011 08:00:00 EST

A Houston car accident involving a single vehicle claims the life of a young girl after the driver of a sport utility vehicle (SUV) loses control of the vehicle. The incident took place at approximately 8:00 on Sunday evening, June 5, 2011, in the west Houston area.

According to local police, the driver of a white Chevrolet Yukon was traveling southbound in the 3000 block of North Eldridge when he lost control of the SUV after attempting to slow down for traffic. The SUV left the road and slid several yards after jumping a guardrail.

The young girl, who has been identified as an 8-year-old female, was ejected from the vehicle. Rescue crews transported her to Memorial Hermann Northwest Hospital where she was pronounced dead from injuries sustained in the car accident. Her identity was not immediately made available.

The fatal single-vehicle Houston car accident is still under investigation by local authorities. The exact cause of the accident has yet to be determined. Also, it is unclear as to whether she was wearing a seatbelt.

This is a terrible tragedy, and we would like to extend our thoughts and condolences to the young girl's family and friends during this difficult time.

FDA Puts Strict Limits on High Dose Zocor

Thu, 09 Jun 2011 08:00:00 EST

Simvastatin is the generic name for the widely-popular anti-cholesterol drug Zocor, which is prescribed in doses ranging from 10-80 milligrams (mg). Drugs that also contain Simvastatin include Vytorin and Simcor.

The FDA estimates that 1.2 million Americans are currently taking the 80 mg dose of Simvastatin. The FDA has been studying this drug for some seven years. The study compared patients taking the 20 mg dose versus those taking the 80 mg dose. Of those participating in the study, 52 people suffered from myopathy, which is another word for muscle weakness. In rare cases, myopathy can progress to rhabdomyalsis, which can permanently damage the kidneys and lead to potentially fatal kidney failure.

The FDA recommends that doctors not write any new prescriptions for the 80 mg dosage and has placed strict restrictions on the circumstances under which those currently taking 80 mgs should continue.

Anyone who is taking Simvastatin and is currently experiencing muscle pain or weakness, dark or red urine, or unexplained fatigue should contact his/her healthcare provider immediately.

If you or a loved one has suffered from muscle damage or deterioration while on Simvastatin, contact Van Wey Law today.

Medical Board Won't Dismiss Case against Doctor Tied to Patient Deaths

Wed, 08 Jun 2011 08:00:00 EST

By Steve Kanigher
Las Vegas Sun
Wednesday, June 8, 2011, 2:58 p.m.

The Nevada State Board of Medical Examiners today unanimously refused to dismiss an ongoing case against a Henderson doctor whose privileges to prescribe controlled substances were suspended nearly three years ago.

Dr. Kevin Buckwalter, who the board linked to four cases of malpractice, including one where "excessive" doses of narcotics contributed to a patient's death, filed a motion in February to have the board dismiss its case against him. He argued that the board had not adjudicated the matter in a timely fashion, but the board disagreed.

A Carson City hearing officer who considered the dispute sided with the board in May by ruling it still had authority under state law to keep the case open. The board decided to adopt the hearing officer's recommendation, meaning suspension dating to November 2008 remains in effect.

The suspension prompted the doctor to sell his business, transferring 1,500 patients to a new medical group. In December 2008, the Drug Enforcement Administration also barred Buckwalter from prescribing controlled substances after alleging at least eight of his patients had died of overdoses since 2005.

The actions by state and federal authorities came after a Las Vegas Sun investigation linked Buckwalter's practice to multiple patient deaths.

The board scheduled a February 2009 hearing to consider further action against Buckwalter. But the hearing was postponed, and a subsequent effort to strike an agreement between the board and Buckwalter collapsed.

The next step is for the board to conduct a formal hearing that could result in Buckwalter being stripped of his medical license or receiving a public reprimand, said Edward Cousineau, attorney for the board's investigative committee. It also has the option to lift the suspension if it is determined that such action is no longer warranted. That hearing has not yet been scheduled.

Buckwalter sued the state board in federal court, alleging it violated his civil rights by prohibiting him from prescribing controlled substances. U.S. District Judge Kent Dawson rejected the lawsuit in March, and Buckwalter appealed to the 9th U.S. Circuit Court of Appeals, which is still pending.

The original article can be read in its entirety at http://www.lasvegassun.com/news/2011/jun/08/medical-board-wont-dismiss-case-against-doctor-tie/.

Spots of Frequent Dallas Car Accidents for Teens

Wed, 08 Jun 2011 08:00:00 EST

Now that summer is in full swing, more teenagers will be hitting the roadways, increasing their risks of being involved in a Dallas car accident. There are many things that parents can do to reduce their child's risk of being injured in an accident.

Identifying the most dangerous time of year
Parents need to understand that the period between Memorial Day and Labor Day is the worst time of year for teen driving accidents. This time period, often referred to as the "100 Deadliest Days," sees more teen deaths resulting from car accidents than any other time of the year.

Most dangerous roads in Dallas
Parents should also indentify the most accident-prone roads in Dallas and not permit their teens to operate a vehicle in these areas. According to the Texas Department of Transportation, the most accident-prone roads for teens are I-35 E and I-635.

Most Dangerous road to Houston
If your teen is driving to and from Houston, you should know that I-45 in Harris County had more car accidents involving teen drivers between 2006 and 2010 than any other roadway in the state of Texas.

Unfortunately, not all car accidents involving teens can be avoided. An experienced Dallas car accident attorney can help build your child's case and hold the other driver liable.

If you or someone you know has been injured in an accident, contact one of our experienced Dallas car accident attorneys at the law office of Kay Van Wey at (214) 329-1350 or (800) 489-5082.

WHO Study Warns Cell Phones Can Cause Cancer

Thu, 02 Jun 2011 08:00:00 EST

The World Health Organization (WHO) recently released findings from its International Agency for Research on Cancer (IARC) that show cell phones pose some risk of causing cancer in humans. Previous studies had ruled out cell phones as a cause of brain cancer, but a study conducted by the IARC found that people who used their cell phones for 30 minutes each day for 10 years were 40 percent more likely to develop a rare brain tumor than people who used their cell phones less often.

Nearly 5 billion people, or three-quarters of the world's population, use cell phones. In the United States, a mere 34 million people were using cell phones in 1996. Today, more than 300 million Americans carry a cell phone, yet the incidence of brain cancer has remained relatively low. Researchers estimate that there were 22,070 new diagnoses of brain tumors and 12,920 deaths in 2009. So why aren't more people developing brain tumors if cell phones do in fact cause cancer?

Cell phones are still in the early stages of development and have only been around popularly for 15 years. For scientists to properly study the link between cell phones and cancer, decades of exposure will have to be recorded and studied. We know that cell phones emit radio frequency radiation (RF), which is also the radiation emitted by microwave ovens. Scientists think that this kind of radiation, when in close proximity with the head, essentially cooks the brain. Carcinogens like radiation do not have to directly damage DNA to cause cancer, which is why scientists believe there is a link between cell phones and cancer.

According to IARC's classification system, cell phone radiation is as harmful to humans as lead, which some find to be a far-fetched idea. Neurologists are not quick to say that cell phones do cause cancer, but they agree that cell phone use is not necessarily safe. Cell phone use has been found to be particularly more dangerous for children because their skulls are thinner and their cells divide at a faster rate.

The WHO warns that cell phones may be as big a public health risk as asbestos or smoking. Beginning in the 1930s smoking became popular, but it wasn't until the 1950s and 1960s that scientists discovered the harmful effects smoking has on the human body. By that time it was too late for some who had already developed lung cancer. The WHO hopes that warning people early on will reduce the number of cancer deaths that are possible from cell phone use.

Cell phone manufacturers and CTIA-The Wireless Association have dismissed the findings of these recent studies linking cell phone use to cancer and argue that they are at best inconclusive. However, cell phone manuals warn users to hold the phone a certain distance from their ears to maintain safe radiation levels. The distance varies based on the type of cell phone you are using.

Until we know more about the relationship between cell phones and cancer, researchers and doctors suggest that people who are on the phone for long periods of time use Bluetooth or wired headsets to conduct their calls. The main point to take away from these studies is consumers beware--new gadgets you purchase may be harmful to your health.

Update: Toyota Recalls More Prius Cars

Wed, 01 Jun 2011 08:00:00 EST

Van Wey Law reported last week that despite Toyota's recent recall mayhem over the past few years, its sales of the hybrid Prius are up.

But just released today, Toyota is once again sending out recalls, this time for its first-generation Prius, model years 1997 to 2003. The recall covers 106,000 Prius cars worldwide and an estimated 52,000 here in the United States. Cars affected in the United States are Prius model years 2001 to 2003.

Toyota warns that the cars may have a nut come loose, leading to faulty steering. So far, one accident has been reported as being caused by this defect.

If you have been in an accident and think a defective car part may be to blame, contact Van Wey Law today.

Did You Drive a Recalled Rental Car?

Tue, 31 May 2011 08:00:00 EST

Despite the thousands of car recalls that have come out in the past few years, rental car companies are still offering these vehicles to consumers, even though they have not been repaired. Rather than ground these vehicles to fix the defects, rental car companies have continued to rent out recalled cars, generating more than $20 billion in profits last year and putting consumers at risk for being in a motor vehicle accident.

According to a study conducted by the National Highway Traffic Safety Administration (NHTSA), the biggest culprits are the top three rental car companies, including Hertz, Avis/Budget, and Enterprise, which owns both National and Alamo. Researchers for NHTSA studied 10 recalls by GM and Chrysler between 2006 and 2010. They found that after 90 days, Enterprise had fixed only 65 percent of the cars under the recall, while Avis/Budget had fixed 53 percent, and Hertz a mere 34 percent.

Death and serious personal injury can occur when driving these recalled vehicles. The Houck sisters were killed in an accident in October 2004 when the PT Cruiser they had rented from Enterprise caught fire and hit an oncoming semi truck. Just one month earlier, that same PT Cruiser had been recalled because of a potential leak in the power steering fluid that could cause a fire under the hood. The girls' parents sued Enterprise for negligence.

Before the trial, Enterprise had offered the Houcks a settlement of $3 million and asked in return that the family not tell the public about what happened to their daughters. The Houcks turned down the settlement offer and took their case to trial, where a jury found in their favor, awarding them $15 million in damages. The family is now lobbying local and national politicians to change the law on rental cars.

The Houcks' wrongful death trial against Enterprise shed light on the rental car industry's practices of renting out recalled cars. Enterprise employees admitted that the company had no policy for renting out recalled cars and that if the demand was high, recalled rental cars would be given to consumers even if they had not been repaired. Other rental car companies have admitted they also do not have policies regarding renting recalled vehicles.

Realizing the danger these cars pose to consumers, U.S. Senator Charles Schumer (NY) recently announced that he will introduce a bill to stop rental car agencies from renting recalled cars that have not been fixed. He argues that the rental car companies should be held to the same standard of care as car dealerships, which cannot lease cars that are under recall and have not been fixed.

The American Rental Car Association (ARCA) is arguing for a two-tier approach to the problem in which cars with serious safety issues would be kept off the road until they have been fixed, while cars with less serious issues would be kept on the road even if they have not been fixed. Citing the lack of guidance by the NHTSA, ARCA has insisted that its proposed two-tier approach will be best for both the industry and consumers. But Senator Schumer argues that this standard allows the rental car companies to avoid fulfilling their duties to consumers.

If you recently rented a recalled vehicle and were involved in an accident, contact Van Wey Law today.

Teen Texting and Driving Can Lead to a Dallas Car Accident

Sun, 29 May 2011 08:00:00 EST

Are you a parent of a teenage driver? If so, then you understand the risks involved every time he or she gets behind the wheel. Unfortunately, many teen drivers are texting while driving and increasing their risk of being involved in a Dallas car accident.

The numbers behind distracted driving
The National Highway Traffic Safety Administration (NHTSA) reports that in 2008, driver distraction resulted in:

16 percent of all fatal crashes nationwide
This equates to nearly 5,800 fatalities
In addition, the AAA cites that 50 percent of teenage drivers admit to texting while behind the wheel

Parents can help
Fortunately, there are many things that parents can do to help keep their teenage driver safe along with the motorists they share the Texas roadways with, such as:

Making sure they understand clear instructions to not use cell phones while operating a vehicle
Providing an example by practicing the same rules they give to their teen driver
Becoming more informed about the dangers, laws, and rules concerning texting and driving
Becoming more active in their teen's school and organizations to which they belong

Unfortunately, not all car accidents can be avoided. An experienced Dallas car accident attorney can help you determine the merits of your teen's case.

If you or someone you know has been injured in a car accident, contact one of our experienced Dallas car accident attorneys at the law office of Kay Van Wey at (214) 329-1350 or (800) 489-5082.

At Van Wey Law, we are encouraging people to take the pledge to put the phone down and stop texting and driving. If you would like to take the pledge, visit our Just Put It Down website.

New Federal Hours of Service Regulations & Dallas Truck Accidents

Sat, 28 May 2011 08:00:00 EST

The Federal Motor Carrier Administration (FMCA) has proposed a new plan that could change the federal hours of service rules for truckers. However, the new proposed regulations may not do enough to reduce your risk of being seriously injured in a Dallas truck accident.

The new changes would replace 2003 regulations
The new changes were proposed in 2009 as part of a settlement with Public Citizen and other groups and would replace 2003 regulations. Though the group is still considering new proposals, a final rule is expected to be announced by July 26, 2011.

New changes mean more downtime
According to the newest proposal, truckers who work on a 7-day work schedule would be subject to more required downtime. However, truckers who drive 8-day work schedules would not be impacted as much.

Driving time may be limited to 10 hours per day
The proposed changes would limit truckers to 10 hours a day, following a minimum period of 10 consecutive hours off duty. The 2003 regulations permitted truckers to drive 11 hours per day.

"It will reduce fatigued driving and lower crash risk," said Anne McCartt, Institute senior vice president for research. "Well-controlled studies indicate crash risk rises well before the eleventh hour of driving."

If you or someone you know has been injured in a truck accident, contact one of our experienced Dallas truck accident attorneys at the law office of Kay Van Wey at (214) 329-1350 or (800) 489-5082.

Gas Prices outweigh Safety Concerns

Fri, 27 May 2011 08:00:00 EST

Safety concerns surrounding Toyota have been thwarted by increasing gas prices. Despite the bad press Toyota has received within the past year about sudden unintended acceleration, the Toyota Prius is in high demand. Climbing gas prices have some drivers opting for more fuel efficient cars like the Prius.

Demand for the Prius is so high that it is now selling for higher than its list price in some areas. And because of the earthquake in Japan, the Prius is hard to come by, with Japanese manufacturing at a minimum.

So does better fuel economy trump safety?

Toyota has sold more than one million Prius cars in the United States. But since 2009, Toyota has had 13 million product recalls total, and hundreds of personal injury and wrongful death lawsuits have been filed against the automaker.

In 2010, more than 400,000 Prius cars worldwide were recalled because Toyota discovered a problem with the braking system. The National Highway Traffic Safety Administration (NHTSA) launched an investigation into the Toyota recalls and ultimately fined the company more than $16 million when it found that Toyota failed to send out a recall of the cars in a timely manner. Although this may seem like a lot, this amounts to just $2 per car sold worldwide by Toyota in 2009 alone.

Complaints related to unintended acceleration of Toyota cars total nearly 37,900. Toyota has reported a total of 6496 unintended acceleration incidents, which resulted in 2483 crashes, 1156 injuries, and 54 deaths.

Yet the Prius is more popular than ever. With gas prices topping out in the United States at just over $4 per gallon, Americans are looking for fuel economy and are hoping that Toyota has fixed the problems with the Prius in its newer models.

Can we trust that if something is wrong with these newer models Toyota will alert consumers to the problems and fix them as needed? History cautions us against relying on Toyota, but litigation surrounding the defective vehicle parts and the millions of dollars in fines levied against the company should have taught Toyota a lesson that consumers hope the company will never forget--consumer safety comes first, and misleading the public or hiding a problem hurts a company's bottom-line.

New Law Would Increase Texas Speed Limit

Tue, 24 May 2011 08:00:00 EST

The Texas Senate has just passed a bill that would increase the speed limit on some Texas highways from 70 miles per hour to 75 miles per hour. Commercial trucks would be allowed to travel at this same increased speed limit.

The proposed law would also do away with reduced nighttime speed limits. Currently, Texas is the only state that has reduced speed limits at night.

Originally introduced by Representative Lois W. Kolkhorst, the bill that passed the House had a provision for raising the speed limit to as much as 85 miles per hour. Fortunately, this provision was taken out of the bill in the Senate. Governor Rick Perry is expected to sign the Senate version of the bill into law.

Critics of the bill note that not only will the increased speed limit increase gas consumption and cause even more pain at the pump for consumers who choose to travel at the higher speed limit, but it will also make the roads more dangerous. Increasing the speed limit by just five miles per hour could have a dramatic and deadly impact on the roads.

Currently, most highways in Texas have speed limits of 70 miles per hour. Urban cities have lower speed limits, but on some rural roads, the speed limit tops out at 80 miles per hour, the highest in the country.

Combine these higher speed limits with the potential for more trucks on the road thanks to NAFTA, and Texas may have a recipe for deadly car wrecks.

Fort Worth Car Accident Involves School Bus

Mon, 23 May 2011 08:00:00 EST

A Fort Worth car accident involving a school bus sends six children to the hospital after the two vehicles collide. The school bus was on its way to a local middle school at the time. The incident took place on Tuesday morning, May 10, 2011.

According to reports, the Fort Worth School District school bus was involved in an accident with a car after picking up students for school. The school bus was on its way to William James Middle School when the incident occurred. The school bus was carrying 30 students at the time of the early-morning accident.

Rescue crews transported six of the students to Cook Children's Medical Center where they were treated for injuries after complaining of pain. The extent of their injuries and conditions was not immediately made available. Reports stated an adult was also taken to a local hospital and treated for injuries sustained in the accident.

The Fort Worth car accident is still under investigation by local authorities. It is unclear as to what caused the accident or who was at fault.

This is a terrible incident, and we would like to wish everyone involved in the accident a speedy recovery during this difficult time.

Dallas Car Accident Claims the Life of One

Sun, 22 May 2011 08:00:00 EST

A Dallas car accident involving a single vehicle claimed the life of a man who was reportedly using his cell phone shortly before he lost control of his sport utility vehicle (SUV). The incident took place at approximately 2:30 on Friday morning, May 13, 2011, along Highway 67.

According to reports, the driver of a SUV lost control of his vehicle while exiting Highway 67 in an attempt to go eastbound on I-20. The SUV slammed into a tree and flipped over. The force of the impact ejected the driver from the SUV and left him face-down in a puddle of water

The driver has been identified as Gerald Williams of Cedar Hill. Rescue crews transported Mr. Williams to a local hospital where he later passed away from injuries sustained in the accident.

An unidentified passenger riding in the SUV was also taken to the hospital where he was treated for injuries and later released.

The two men reportedly had just left a local bar when the incident occurred. Investigators believe that Mr. Williams may have been on the phone when he lost control of the SUV.

The fatal Dallas car accident is still under investigation by local authorities. Police believe that alcohol may have also played a role in the accident.

Doctor in Sweden Warned FDA of Darvon/Darvocet Dangers in 1999

Wed, 18 May 2011 08:00:00 EST

Last November, the Food & Drug Administration (FDA) decided to remove Darvon and Darvocet from the market. But this was not the first time the idea had been proposed to the FDA.

In 1978 and again in 2006, Public Citizen, a U.S.-based advocacy group, asked the FDA to take Darvon and Darvocet (drug name propoxyphene) off the market. The FDA denied both of these requests.

In 2009, an advisory committee within the FDA reported that propoxyphene's risks outweighed its benefits. The committee recommended that the FDA remove the drugs from the market, but the FDA refused, and instead required Xanodyne, the manufacturer of Darvon and Darvocet, to put a new warning on the drugs' box to inform patients and doctors of the risk of overdose associated with the drugs.

Although the drugs were on the market for over 50 years, evidence from as far back as 30 years ago indicated that propoxyphene was dangerous and was not effective for the treatment of pain. This was further reinforced by studies published by Dr. Ulf Jonasson of Sweden, dating back to 1993.

Dr. Jonasson was able to obtain more conclusive study results than his American counterparts thanks to a national law requiring blood tests for every autopsy performed. Here in the United States, county medical examiners rarely perform blood tests in autopsies, because they simply cannot afford to. In his research, Dr. Jonasson found that of 1,600 autopsies confirming propoxyphene present in the bloodstream, all had died from heart conditions.

Dr. Jonasson informed the FDA in 1999 of his studies, but he claims that the FDA looked the other way and sided with Darvon and Darvocet's main manufacturer Eli Lilly.

The FDA finally banned Darvon and Darvocet, but some generic forms of the drugs are still available on the market. In fact, some online pharmacies still allow patients to order the deadly drugs. Dr. Jonasson predicts that the lawsuits filed on behalf of the victims of Darvon and Darvocet will be larger than those filed against Vioxx, which ended in a $4.85 billion settlement fund for the families of the victims who had heart attacks after taking the drug.

FDA Under Pressure: How Big Pharmaceutical Companies Influence New Drug Review

Tue, 17 May 2011 08:00:00 EST

The Food & Drug Administration (FDA) pulled Darvon and Darvocet off the market last year because of the safety risks they pose to the human heart. The drugs were approved in 1957 for the treatment of mild to moderate pain, but when safety concerns were presented to the FDA in 1978 and again in 2006, they were largely ignored.

In fact, in 2009 the FDA heard evidence from one of its own committees that Darvon and Darvocet had been linked to thousands of deaths and that their risks outweighed any benefits the drugs may have had for the treatment of pain. Yet, the FDA refused to pull the drugs off the market, and instead required that their manufacturer, Xanodyne, issue a stronger warning about the drugs' side effects. Less than two years later, the FDA finally decided to recall the drugs, citing the unreasonable risks they pose to consumers.

Realizing the fatal toxicity danger the drugs posed, the United Kingdom banned Darvon and Darvocet in 2005. Meanwhile, the United States continued to allow the drug to be sold. From the time the United Kingdom pulled the drugs up to the time the United States pulled the drugs, Public Citizen (an advocacy group for citizens' rights) estimates that an additional 1,000 to 2,000 Americans died from complications associated with taking the drugs.

Scenarios like this beg the question, is the FDA broken?

Some critics argue that the FDA is far too prone to approving drugs not yet found to be safe for approval because of the influence the major pharmaceutical companies and their lobbyists have over the agency. Lobbyists have long had a powerful influence over certain actions taken by the FDA. For instance, with the Prescription Drug User Fee Act of 1992 (PDUFA), the pharmaceutical industry was allowed to pay into the system to help speed up the approval process for new drugs. This sharply reduced the approval time from an average of 30 months in 1992 to just 16 months in 1996 (source: Frontline). While this trend is reversing, some argue the FDA should continue to monitor a drug after it has been approved, especially since most side effects are seen within seven years of being on the market.

The one area where the FDA has remained fairly strict against the pharmaceutical industry is in marketing. Drug manufacturers are not allowed to market drugs for off-label, non-FDA approved uses. In fact, just recently Novartis Pharmaceuticals paid a fine of $420 million after the company pleaded guilty to illegally marketing one of its prescriptions.

Unfortunately, the one area where the FDA has had trouble policing pharmaceutical companies is in manufacturing standards. Because the FDA does not have the resources necessary to ensure facilities are maintaining certain standards, it often relies on the companies to police themselves, which has led to fraudulent practices by some pharmaceutical companies. And in the area of new drug review, FDA employees fear rejecting a new drug could hurt their careers.

The simple fact is no drug is 100 percent safe, and it can take years to determine dangerous side effects of drugs. Until the FDA can be free from pharmaceutical industry influence, it is doubtful that dangerous drugs will be prevented from being sold. But lawsuits and the judicial system could help change this by holding pharmaceutical companies accountable for dangerous drugs.

New Rules for Commercial Truckers Could Make the Roads More Hazardous

Wed, 11 May 2011 08:00:00 EST

The Federal Motor Carrier Safety Administration (FMCSA), part of the U.S. Department of Transportation, has released new proposed rules for truck drivers. Among the new rules would be a 10 hour drive time limit and a 34 hour restart period for commercial truck drivers.

"A fatigued driver has no place behind the wheel of a large commercial truck. We are committed to an hours-of-service rule that will help create an environment where commercial truck drivers are rested, alert and focused on safety while on the job." - Transportation Secretary Ray LaHood

Although the new rules are being proposed to prevent driver fatigue and make the roads safer, some organizations like the American Association for Justice (AAJ) are worried that the proposed regulations would allow truck drivers to bypass some requirements, ultimately making the roads more hazardous.

Currently, trucking accidents kill more than 4,000 people each year. Driver fatigue accounts for 30 to 40 percent of these fatalities. And research suggests that truck drivers are two times more likely to be involved in an accident if they have been driving for eight consecutive hours.

Yet, FMCSA is looking to reduce the maximum driving window for truckers to just 10 hours, if they reduce it at all. FMCSA is considering maintaining the 11 hour requirement, despite evidence that doing so will put both truck drivers and others on the roads at greater risk.

The AAJ is particularly opposed to the proposed restart period because it allows truck drivers to sidestep a 60 or 70 hour duty limit. The organization argues that this restart period does not ensure drivers get the proper amount of rest, and instead recommends a 48 hour restart period that would shorten the work week and allow drivers time to recover from long drives.

Others have questioned FMCSA's ability to adequately supervise commercial trucking operations. In a recent case out of Missouri, the attorneys for a deceased plaintiff, who hit a semi-truck head on because it was in the middle of a road that had limited sight distance, were able to successfully demonstrate that FMCSA did not investigate or adequately supervise the semi-truck carrier and its drivers, even though it had the resources to do so.

The comment period for the proposed rule ended in March. The rules have not yet been promulgated, but are required to be published by July 26th.

Top 5 Insurance Companies Raked in Billions in Profits in 2010

Tue, 10 May 2011 08:00:00 EST

Health care reform can't come soon enough for Americans who are struggling to pay their insurance premiums. Yet, the top five insurance companies in the nation, UnitedHealth, Wellpoint, Aetna, Humana, and Cigna posted profits of almost $12 billion in 2010. This marks an increase in profits of 51 percent since 2008. Something is very wrong with this picture. Americans are paying more than ever for medical coverage, yet they are receiving less for their money.

A report published by Health Care for America Now details how insurance companies made such large profits, and it does not look good. These top five insurance companies made more money by charging patients higher premiums, but providing them with less coverage. Growth in spending on patient care has lagged for some time, but insurance companies have notably spent money on lobbying efforts, spending nearly $50 million on lobbying between 2008 and 2010.

Meanwhile, a sluggish economy coupled with significant job loss and high insurance premiums have left millions of families without insurance. In fact, the premium for an average family has risen 131 percent since 1999. Some families have received help from the government, but others have had to rely on charity to get the care they need.

The average American received a pay raise of about two percent in 2009, while CEOs in the largest insurance companies received a pay raise of 167 percent in that same year. In 10 years, these same CEOs have taken home nearly $1 billion in compensation.

Legislators in Congress are trying to change the way insurance companies charge premiums to cut down on exorbitant insurance company profits and increase the quality and amount of medical care Americans receive. The Affordable Care Act, passed just last year, has established new rules that require insurers to spend at least 80 percent of premiums from people who buy coverage on medical services. The minimum share for large business customers is 85%. Companies that do not meet the minimum will have to rebate the extra money to the consumers.

The Department of Health and Human Services has proposed a regulation that would require health insurance premium increases of 10 percent or higher to be publicly disclosed and submitted for formal review to determine if the increase is unreasonable. The regulation is still going through the notice and comment process, but could be promulgated as early as this year, if successful.

If the goals of the Affordable Care Act are met, competition will be promoted, and insurers will be encouraged to do more to control health care costs and discouraged from charging unjustified rates.

While the government admits that some level of administrative cost is necessary, it says that what is happening now is out of hand, and consumers deserve to know what value they are getting for their premiums.

Topamax Linked to Birth Defects

Mon, 09 May 2011 08:00:00 EST

Are you a woman of child-bearing age who suffers from migraines or epilepsy? If so, your doctor may have prescribed you a drug called topiramate, market name Topamax. Topamax has been linked to birth defects in children, including cleft palate, cleft lip, and even genital birth defects.

The FDA has not pulled Topamax from the market, but has issued a new warning that the drug has been shown to cause a risk of birth defects in the human fetus. Oral contraceptives are weakened by the drug, putting women at risk to get pregnant and for their babies to have these birth defects. Often, women will continue to take Topamax, not knowing that they are pregnant.

If you or someone you know has recently given birth to a child with one of these birth defects and was taking Topamax during the first trimester of pregnancy, contact Van Wey Law.

Dallas Car Accident Leaves One Injured After Man is Run Over by Wife

Sat, 07 May 2011 08:00:00 EST

A Dallas car accident involving a single vehicle leaves a man injured and his wife charged with driving under the influence. The incident took place at approximately 5:00 on Tuesday evening, May 4, 2011, on Northwest Highway at the intersection of Ferndale Road.

According to Dallas police, the incident occurred when Mary Jane Lane, 50, of Balch Springs, passed out at a red light. Her husband, Randal Lane, then got out of the car to try to awaken and unbuckle her. She then stepped on the gas, dragging her husband down the road.

Mr. Lane sustained two broken legs and an injury to his head as a result of the accident. His condition was not immediately made known.

Mrs. Lane was later found a couple of miles away from the scene of the accident, blocking traffic with her engine turned off. Police say that she had blood shot eyes, slurred speech, and unsteady balance when they found her.

The Dallas car accident is still under investigation by local authorities. Mrs. Lane is being held on $20,000 bail on driving under the influence charges.

This is an unfortunate incident, and we would like to wish the victim a speedy recovery during this difficult time.

Dallas Motorcycle Accident Leaves Iraq Veteran Injured

Mon, 02 May 2011 08:00:00 EST

A Dallas motorcycle accident involving two cars leaves an Iraqi veteran injured after he is smashed between the two vehicles. The incident took place on Thursday, March 17, 2011, along the Dallas North Tollway.

According to reports, Zach Perez, 25, an Iraqi veteran, was riding his Triumph Daytona 675 along the Dallas North Tollway when he slowed down for traffic and was struck from behind by a silver car. The force of the impact sent Mr. Perez into a green car in front of his motorcycle.

Rescue crews transported Mr. Perez to Parkland Memorial Hospital where he was treated for a ruptured spleen and four broken vertebrae. His condition was not immediately made available.

"I was in excruciating pain," said Mr. Perez. "The spleen was ruptured. I was bleeding internally, so they had to remove that... And then I had four broken vertebrae, I had a broken rib...I had road rash obviously. I've got a lumbar hernia."

According to Mr. Perez, the driver that hit him had no license or insurance. Though the driver received three tickets, he was not arrested.

"It's not fair that this guy is getting away with it," Perez said.

The Dallas motorcycle accident is still under investigation by local authorities.

This is an unfortunate incident, and we thank Mr. Perez for his service and wish him a speedy recovery.

Dallas Car Accident Claims Life of Toddler

Sun, 01 May 2011 08:00:00 EST

A Dallas car accident involving a single vehicle claims the life of a toddler after the airbag deploys while the child is on the mother's lap. The incident took place at approximately 9:00 on Sunday evening, April 17, 2011, near Dallas Love Field.

According to police, an 18-month-old girl lost her life when the pickup truck she was riding in slammed into a utility pole behind The Cluster apartments, deploying the airbag. The toddler was reportedly sitting in her mom's lap at the time of the crash.

Rescue crews transported the unidentified girl to Children's Medical Center where she was pronounced dead from blunt force trauma.

The driver has been identified as Gerardo Moreno, 24, of Lewisville. He reportedly fled the accident scene but turned himself in to police a short time later. Police report that Mr. Moreno was not the child's father.

Mr. Moreno told police that he was looking in the rearview mirror at another car when he drifted into the utility pole. He faces manslaughter and failure to stop and render aid charges for his involvement in the single-vehicle crash.

The fatal Dallas motor vehicle accident is still under investigation by local authorities.

This is a terrible tragedy and we would like to extend our thoughts and condolences to the victim's family and friends during this difficult time.

Avoiding a Dallas Truck Accident

Wed, 27 Apr 2011 08:00:00 EST

Due to their size, trucks offer unique dangers on the road, putting you and your family at risk of being seriously injured in a Dallas truck accident. To make matters worse, many vehicle operators of passenger vehicles perform unsafe acts that can drastically increase these risks.

Unsafe acts by drivers of passenger vehicles that can lead to a truck accident
Not all truck accidents are the fault of the truck driver. A driver of a passenger vehicle may cause an accident by:

Making unsafe lane changes in front of a large truck
Failing to slow down or speed up while a trucker begins to merge or change lanes
Making an unsafe pass around a truck
Driving between trucks
Driving behind or next to a truck where the trucker has limited or zero visibility

Unsafe acts by truck drivers that can lead to a truck accident
In some cases, a truck accident is the result of the truck driver performing unsafe acts such as:

Having inadequate training
Working for a company that offers compensation that encourages faster traveling speeds
Working for a company that has unrealistic schedules and expectations that encourage drivers to hurry

If you or someone you know has been injured in a truck accident, contact one of our experienced Dallas truck accident attorneys at the law office of Kay Van Wey at (214) 329-1350 or (800) 489-5082.

Doctor Tied to Patient Deaths Wants Decision on Medical Board Overturned

Tue, 26 Apr 2011 08:00:00 EST

By Steve Green
Las Vegas Sun
Tuesday, April 26, 2011, 3:31 p.m.

An attorney for Dr. Kevin Buckwalter of Henderson has filed a lengthy appeal brief in hopes of overturning a decision that members of the State Board of Medical Examiners are immune from a Buckwalter legal challenge.

The Nevada board in November 2008 suspended Buckwalter's ability to prescribe medications after he was linked by authorities to patient deaths. The U.S. Drug Enforcement Administration had also blocked his ability to prescribe drugs.

A Las Vegas Sun investigation had linked his practice to multiple patient deaths involving alleged excessive quantities and dosages of prescription drugs -- and the oversight agencies linked Buckwalter to eight fatalities.

Buckwalter sued the Board of Medical Examiners last year, charging his civil rights were violated when the board on an emergency basis acted against him.

Buckwalter complained the board had failed to detail the allegations against him or schedule a hearing so he could defend himself. He also claimed that it bowed to political pressure resulting from the hepatitis C crisis in Las Vegas in 2008.

Attorneys for the medical board responded by asserting the board had good reason to suspend Buckwalter's authority to prescribe drugs. They argued his lawsuit is unnecessary because he can press his case with the medical board, but hasn't done so.

U.S. District Judge Kent Dawson in February dismissed Buckwalter's suit, saying board members have immunity for actions related to their official duties and that it was Buckwalter who agreed to cancel a March 2009 hearing so a settlement could be negotiated.

That hearing is still available to Buckwalter, Dawson ruled.

But Jacob Hafter, Buckwalter's attorney, said in his appeal brief to the 9th U.S. Circuit Court of Appeals that shortly after taking the case in December 2009, he contacted the Board of Medical Examiners and learned there were new allegations of violations of the state medical practice act and despite requests by Buckwalter, Buckwalter still hasn't received notice of all the allegations the board is considering against him.

Hafter in the appeal brief reiterated that the only evidence turned up by the board involves record-keeping violations and that the suspension of Buckwalter's ability to prescribe medication has effectively put him out of business.

"Dr. Buckwalter was a family and primary care physician who, due to an overly aggressive regulatory environment, was one of the few physicians in Nevada willing to treat patients with chronic and severe pain. However, due to the summary suspension of Dr. Buckwalter's license, he immediately became a leper within the medical community. In addition, he was crucified in the press and blacklisted from all payor panels. Although the suspension was labeled 'partial,' it has been a complete suspension of his medical license, as volunteer organizations will not even let him volunteer his time and services as a physician," the appeal says.

"This case is one of a violation of Dr. Buckwalter's due process rights. The question before the appellees in the administrative action which is still pending is whether Dr. Buckwalter engaged in conduct which would be violative of the Nevada Medical Practice Act; the question in this case is whether the appellees violated Dr. Buckwalter's due process rights when they summarily suspended his medical license, did such under the false pretense of an emergency, and continued such suspension without any notice or opportunity to be heard on such for the past two-and-a-half years," Hafter's appeal said.

Hafter said he scored an initial victory in the appeal when the court agreed to consider the matter on an expedited basis, with his opening brief due April 22 and the Board of Medical Examiners reply brief due by May 23.

In opposing expedited review of the case, attorneys for the board wrote: "This dispute sat dormant because appellant stipulated to vacate his right to a formal hearing. At no time during the two-year stipulation period did appellant ever express to the board any urgency for his 'opportunity to be heard' or that his constitutional rights were being violated in a manner that deserved priority attention."

They also said the appeal is meritless as medical board members are like judges and prosecutors with absolute immunity from their quasi-judicial acts.

But the appeals court, without explanation, sided with Hafter in expediting the appeal.

"I want to emphasize that I believe (and will be fighting hard in this case because) this case is not just about Dr. Buckwalter's license; it is about the unfettered power that the Board of Medical Examiners has been given as a result of the District Court's ruling and that effect on the constitutional rights of all physicians, physician assistants and other licensees of the Board of Medical Examiners," Hafter said in an email to the Las Vegas Sun. "The District Court's erroneous statement that the defendants 'are entitled to absolute immunity while functioning in their official capacities as members of the Nevada State Board of Medical Examiners' vaporized any constitutional rights which any licensee may have had, as the Board of Medical Examiners can now act in any manner they please, regardless of the U.S. Constitution, without any recourse on the part of a licensee."

The original article can be read in its entirety at http://www.lasvegassun.com/news/2011/apr/26/doctor-tied-patient-deaths-wants-decision-medical-/.

Why Are Texas Drivers Distracted?

Fri, 22 Apr 2011 08:00:00 EST

If the ever-increasing Dallas traffic didn't offer enough dangers on the roadways, now take into account the fact that many drivers are driving distracted. Distracted driving is dangerous and can lead to a Dallas car accident resulting in a serious injury.

Types of Distracted Driving

There are many forms of distracted driving activities that drivers commit. The three main types include:

Visual distractions result when you take your eyes off the road.
Manual distractions occur when you take your hands off the wheel.
Cognitive distractions are a result of taking your mind off the task of operating your vehicle.

Additional Distracted Driving Activities
There are many other forms of activities that can lead to distracted driving and ultimately a serious car accident such as:

Using a cell phone to make a call or text
Eating or drinking while driving
Talking to other occupants in the car
Grooming, such as combing your hair or applying makeup
Watching a video
Adjusting your radio

Though you may not be driving while distracted, those you share the Dallas roadways with might be. You might be able to hold the other driver liable.

If you or someone you know has been injured in a car accident, contact one of our experienced Dallas auto accident attorneys at Van Wey Law at (214) 329-1350 or (800) 489-5082.

Take the pledge to stop driving distracted by visiting our Just Put It Down website.

Fort Worth Car Accident Claims the Life of 1, Injures 4

Fri, 15 Apr 2011 08:00:00 EST

A Fort Worth car accident involving a single vehicle claims the life of a 12-year-old girl and leaves four others injured after their car slams into a guardrail and flips over. The incident took place at approximately 1:00 on Thursday afternoon, March 24, 2011, near Interstate 35W and Northside Drive.

According to reports, witnesses saw a man driving very fast and weaving in and out of traffic. The car then swerved across the highway and slammed into a guardrail before flipping over. His identity was not immediately made known.

A 12-year-old girl was ejected from the car and pronounced dead at the scene of the accident. Rescue crews transported two adults and two other children to a local hospital where they were treated for injuries sustained in the crash. Their conditions were not immediately made available.

The fatal Fort Worth car accident is still under investigation by local authorities. It is unclear as to whether any charges will be filed against the male driver.

This is a tragic accident and we would like to extend our thoughts and condolences to everyone that has been affected by it. We would also like to wish the victims a speedy recovery during this difficult time.

Distracted to Death - The Dangers of Distracted Driving

Fri, 15 Apr 2011 08:00:00 EST

The Statistics

Distracted driving is the leading cause of death for people ages 3 through 34. In 2009, an estimated 5,474 people were killed in distracted driving-related accidents, and an additional 448,000 were injured. Distractions in the car can come from any non-driving activity that takes the driver's attention off the road, including eating or drinking, using navigational devices, watching videos, talking to passengers, and the most well-known, talking or texting on cell phones.

Today, more than 285 million people in the United States have cell phones, accounting for more than 91 percent of the U.S. population. Compare this with statistics from 1995--in that year, only 13 percent of the U.S. population carried cell phones. Technology has come a long way since 1995, and hands-free options have been enhanced to help ease the distraction, but drivers still have the misconception that hands-free technology is completely safe. This is simply not true.

The Dangers of Distracted Driving

Although manual and visual distractions are lessened by hands-free technology, cognitive distractions still remain. In other words, drivers are focusing on the conversation at hand and are ignoring their surroundings. Many have described this cognitive distraction as a sort of tunnel vision, and often after an accident, distracted drivers remark that they cannot remember seeing the object or other car that they hit. Research suggests that distractions involving cell phones delay the driver's reaction time as if he were driving with a blood alcohol concentration of .08 percent, the legal limit.

Perhaps even more dangerous than talking on a cell phone while driving, is texting or sending an email while driving. This seems to be an especially big problem for teens. In a Pew Research Center survey of teens ages 16-17, of those who were able to drive, 34 percent admitted to texting while driving. Even though texting while driving is banned in many states for drivers with intermediary licenses, studies show that teens are still finding ways to text and drive. And of course, they are not alone. Adults are just as guilty of texting and driving, but the difference is that very few states have laws banning texting and driving for all drivers.

What You Can Do

Distracted driving is 100 percent preventable. To help put an end to distracted driving, take the pledge to stop your own distracted driving habits at justputitdown.com. By taking the pledge, you are committing to drive responsibly, and you are recognizing the value of another life and your own.

For more information on the dangers of distracted driving, visit justputitdown.com.

Dallas Pedestrian Accident Leaves Woman in Serious Condition

Thu, 14 Apr 2011 08:00:00 EST

A Dallas pedestrian accident involving a driver suspected to be intoxicated leaves a woman in serious condition. The incident took place on Thursday evening, April 7, 2011, in the 3000 block of Bickers Street in the West Dallas area.

According to reports, the incident took place in the Lakeview Townhouse complex on Bickers Street. There, a car was seen by witnesses speeding through a parking lot. The driver apparently lost control of the vehicle, drove across a grassy area, and smashed into a concrete pillar.

The force of the impact sent his vehicle into a parked car which then ran over a female pedestrian. Rescue crews transported the unidentified woman to the hospital where she was listed in serious condition. The extent of her injuries was not made known.

The unidentified driver was not injured in the crash. However, he was arrested on suspicion of driving under the influence.

Several people began fighting among themselves after a large crowd gathered following the accident. It was unclear if anyone was injured in the scuffle.

The Dallas pedestrian accident is still under investigation by local authorities. Officers indicated that they would be taking a blood sample from the suspect.

This is an unfortunate incident, and we wish the victim a speedy recovery during this difficult time.

"Just Put it Down" Campaign Launched by Van Wey Law to Increase Awareness about the Dangers of Distracted Driving

Thu, 14 Apr 2011 08:00:00 EST

Distracted driving accounted for nearly 5500 deaths in the United States in 2009. (Distraction.gov) More than 91 percent of the U.S. population have a cell phone, and the National Safety Council estimates that at any given time 11 percent of people are using their cells phones while driving. Teens are especially likely to be involved in a distracted driving accident. Of the fatal crashes involving teenage drivers, 16 percent were reported to have involved distracted driving. (Distraction.gov)

"Deaths due to distracted driving are 100 percent preventable and can be dramatically reduced if drivers put an end to their distractions in the car," says Kay L. Van Wey, head attorney of Van Wey Law. In response to this distracted driving epidemic, Van Wey Law has launched a community service campaign called "Just Put it Down." As a credible and caring firm, Van Wey Law wants to make a difference by educating people on the dangers of distracted driving. According to Ms. Van Wey, "We care about the communities that we serve, and we want to get the message out that distracted driving is a problem that we can change. Justputitdown.com is a way for us to reach out to the community and educate everyone about the dangers of distracted driving."

You can get involved by taking the pledge to stop your own distracted driving at justputitdown.com. In partnership with justputitdown.com, Van Wey Law is also launching a Facebook page where you can share your story of a distracted driving disaster, hope, or even why you decided to take the pledge. Networking with others and sharing stories of distracted driving helps get the word out about this dangerous practice and educates others on the importance of just putting it down when driving.

To get involved in the fight to end distracted driving or to learn how you can take part in this community service campaign, visit justputitdown.com and take the pledge to just put it down while driving.

Dallas Pedestrian Accident Involving a Monster Truck Claims Life of One at Strip Club

Fri, 08 Apr 2011 08:00:00 EST

A Dallas pedestrian accident outside of a local strip club claims the life of a woman after she is struck by a monster truck. The incident took place at approximately 2:15 AM on Thursday morning, March 17, 2011, in the parking lot of Spearmint Rhino Gentleman's Club on Composite Drive.

According to local police, the driver of a lifted, silver, four-door Ford F-250 failed to see a female pedestrian in the Spearmint Rhino Gentleman's Club's parking lot and ran her over. The victim, Kasey McKenzie, 23, of Granbury, lost her life from injuries sustained in the freak accident.

The driver has been identified as 27-year-old Eric Crutchfield. He was arrested on suspicion of driving under the influence of alcohol and charged with intoxicated manslaughter. He was also allegedly driving on a suspended license.

The police report cites that the front tires on Mr. Crutchfield's truck appeared to be at least three feet tall. He told police that he did not realize that he hit her until people in the parking lot stopped him.

Ms. McKenzie's family and friends have reported that she was not an employee of the strip club.

The fatal Dallas pedestrian accident is still under investigation by local authorities.

This is a terrible tragedy and we would like to extend our thoughts and condolences to the victim's family and friends during this difficult time.

Dallas Car Accident Claims the Life of Frisco Man

Fri, 08 Apr 2011 08:00:00 EST

A Dallas car accident involving four vehicles claims the life of a man and leaves another injured after a speeding car slams into the rear of another car. The incident took place early Saturday morning, April 2, 2011, at the intersection of Preston Road and Arapaho Road in the north Dallas area.

According to investigators, Matthew Amos, 23, of Dallas, was traveling at approximately 90 miles per hour when he slammed into the rear of a car that slowed down for a stop light at Preston Road and Arapaho Road. Rescue crews transported Mr. Amos to a local hospital where he was treated for non-life threatening injuries.

The driver of the second vehicle has been identified as Eric Porter, 40, of Frisco. Unfortunately, Mr. Porter was pronounced dead at the scene of the accident.

There were two other vehicles involved in the accident. No one else appeared to be injured.

The fatal Dallas car accident is still under investigation by local authorities. Police have indicated that Mr. Amos will likely be charged with intoxicated manslaughter.

This is a terrible tragedy and we would like to extend our thoughts and condolences to Mr. Porter's family and friends during this difficult time.

Dallas Car Accident Leaves Young Boy in Critical Condition

Thu, 07 Apr 2011 08:00:00 EST

A Dallas car accident involving two vehicles sends two people, including a 3-year-old boy, to a local hospital. The incident took place at approximately 1:15 PM on Monday, March 21, 2011, in the 3000 block of Harry Hines Boulevard and Wolf Street in Dallas' Oak Lawn area.

According to local police, a car was traveling south on Harry Hines Boulevard when the driver suddenly turned in front of a Lexus, also traveling south. The Lexus struck the left rear of the car. The force of the impact caused the car to spin across the northbound lanes and jump a curb.

A 3-year-old boy and a 28-year-old woman were ejected from the car. Rescue crews transported the two victims along with the driver of the car to Parkland Memorial Hospital. The accident left the toddler in critical condition.

The driver of the Lexus was not injured in the two-vehicle wreck.

The fatal Dallas car accident is still under investigation by local authorities. Police are trying to determine if the child was either not in his car seat or was not properly secured.

This is a tragic accident and we would like to extent our thoughts to everyone involved in the collision. We wish them a speedy recovery.

Judge Tosses Doctor's Lawsuit against State Medical Board

Thu, 31 Mar 2011 08:00:00 EST

By Steve Green
Las Vegas Sun
Published Wednesday, March 30, 2011, 2:43 p.m.
Updated Thursday, March 31, 2011, 1:08 a.m.

A judge has dismissed a lawsuit against the State Board of Medical Examiners by a Henderson doctor linked by authorities to patient drug overdose deaths.

Dr. Kevin Buckwalter sued last year, charging his civil rights were violated when the board on an emergency basis suspended his authority to prescribe medication in November 2008.

Buckwalter complained the board had failed to detail the allegations against him or schedule a hearing so he could defend himself. He also claimed that it bowed to political pressure resulting from the hepatitis C crisis in Las Vegas in 2008.

The U.S. Drug Enforcement Administration also blocked his authority to prescribe drugs after a Las Vegas Sun investigation linked his practice to multiple patient deaths. The oversight agencies linked Buckwalter to eight fatalities.

Buckwalter is a defendant in eight lawsuits alleging negligence filed in District Court since April 2009.

Attorneys for the medical board responded by asserting the board had good reason to suspend Buckwalter's authority to prescribe drugs. They argued his lawsuit is unnecessary because he can press his case with the medical board, but hasn't done so.

In a ruling filed Friday, U.S. District Judge Kent Dawson in Las Vegas sided with the medical board.

Dawson found that medical board members have absolute immunity from lawsuits arising from their official duties and that there is no dispute that the board has authority to take emergency action.

"It cannot be seriously disputed that there are instances where public safety requires immediate suspension of licensee privilege," his ruling said. "No sensible person would argue that the board would have to wait until after a hearing to suspend the privileges of a physician who was killing or even poisoning patients. Such matters require immediate action, without the delay inherent in preparing and serving notices and scheduling hearings."

In this case, Dawson noted, a March 2009 hearing was set so Buckwalter could seek to overturn the suspension, but it was called off so a settlement could be negotiated.

A Buckwalter attorneys agreed to vacating the hearing, Dawson noted.

The judge said the negotiations did not result in a settlement, that Buckwalter has not sought to revoke his stipulation to vacating the hearing and that the medical board "has made it clear that a hearing is still available to plaintiff."

"Plaintiff's stipulation to vacate the formal hearing in this matter did not conclude the state proceedings," Dawson ruled. "An administrative complaint was filed against him, and has not been discharged. Plaintiff cannot bootstrap himself into the position that he was denied a hearing after having agreed to vacate that hearing."

Buckwalter's attorney, Jacob Hafter, on Monday filed a notice of appeal to the 9th U.S. Circuit Court of Appeals.

Hafter has claimed Buckwalter hasn't been treated fairly by the medical board.

The attorney maintains Buckwalter was victimized because the medical board used him to show it was not soft on disciplining doctors - and the board's actions were a reaction to the hepatitis C emergency.

Because of an overly aggressive regulatory environment, Buckwalter was one of the few physicians in Nevada willing to treat patients with chronic and severe pain, Hafter has argued.

The suspension of the doctor's ability to prescribe medicine was based on record-keeping violations, and with the suspension, "he immediately became a leper to the medical community," Hafter wrote.

"He was crucified in the press and blacklisted from all payor panels," Hafter wrote in his motion for a restraining order.

In pressing for an expedited appeal, Hafter argued Dawson's ruling had "stripped Dr. Buckwalter (and all physicians) of any due process rights that they previously had in their medical license in Nevada under the due process clauses of the United States and Nevada constitutions."

Hafter said that by allowing medical board members to believe they have "carte blanche absolute immunity in all actions, regardless of how they act or how they trample on one's constitutional rights, the likelihood for continued abuses is high."

The original article can be read in its entirety at http://www.lasvegassun.com/news/2011/mar/30/judge-tosses-doctors-lawsuit-against-state-medical/.

Dallas Dangerous Drug Attorney Explains Risks of Taking Levaquin

Wed, 30 Mar 2011 08:00:00 EST

In 1996, the U.S. Food and Drug Administration (FDA) approved the popular antibiotic Levaquin. However, in July 2008, the FDA issued warnings to consumers that Levaquin could increase the risk of developing tendonitis and tendon ruptures for those taking the antibiotic.

The FDA also took action by requiring the drug’s manufacturer, Ortho-McNeil Pharmaceutical, Inc., to put warning labels about these increased risks on the drug’s packaging. Ortho-McNeil Pharmaceutical, which is a subsidiary of Johnson & Johnson, has faced lawsuits from victims who have allegedly sustained injuries from taking the drug.

Ruptured Achilles Tendon is a Risk of Taking Levaquin

Reports indicate that the most serious type if injury associated with taking Levaquin is a rupture in the Achilles tendon. Many victims have been required to endure surgery to repair the damage. Other victims have reportedly suffered tendon ruptures in the hand, bicep, rotator cuff and thumb.

An injury caused by Levaquin can have lasting effects on a victim. If you believe that you have suffered a ruptured tendon or tendonitis from taking Levaquin, you should speak with a Dallas dangerous drug lawyer. You might be able to hold the manufacturer liable for your injury.

If you or someone you know has been injured by taking Levaquin, you should contact an experienced Dallas dangerous drug attorney at the law office of Kay Van Wey at (800) 489-5082.

Be sure to order a free copy of our book, 7 Secrets the Pharmaceutical Industry Does NOT Want You to Know.

Considering a Darvon or Darvocet Lawsuit? Here's What You Need to Know

Fri, 25 Mar 2011 08:00:00 EST

Are you concerned that you may have suffered an injury from taking Darvon or Darvocet? According to the U.S. Food and Drug Administration (FDA), the use of these products can lead to abnormal heart rhythms.

Darvon & Darvocet Linked to Abnormal Heart Rhythms

The FDA has determined that propoxyphene, the main active component of Darvon and Darvocet, can cause abnormal heart rhythms. The complications can even arise when consumers are taking the pain medications at recommended doses.

The findings have caused the FDA to request that these products, as well as Dolene, Trycet, Wygesic, Genagesic, Propacet and Balacet, be removed from shelves nationwide.

What You Need to Know About Darvon & Darvocet Lawsuits

If you have suffered an injury from taking Darvon, Darvocet or another dangerous drug, you might be considering filing a lawsuit against the manufacturer. You could be eligible to pursue compensation if you suffered significant financial losses and/or endured pain or emotional suffering from taking Darvon or Darvocet.

If you or someone you know has suffered heart problems after taking Darvon or Darvocet, you should contact an experienced Dallas dangerous drug attorney at the law office of Kay Van Wey at (800) 489-5082 for advice. We will review your case and explain your legal options.

Be sure to order a free copy of our book, 7 Secrets the Pharmaceutical Industry Does NOT Want You to Know.

Distracted Driving Awareness Month is Around the Corner

Thu, 24 Mar 2011 08:00:00 EST

On March 24, 2011, the Unites States House of Representatives passed a bill making April the Distracted Driving Awareness Month. The legislation is part of a move to combat the ever growing problem of drivers operating vehicles while using handheld devices, such as cell phones.

Texas is also joining the effort by pushing a bill that would create a statewide ban on texting while driving. The bill, HB 242, would ban Texas drivers from text messaging, instant messaging and composing e-mails while behind the wheel.

The bill would enhance current Texas laws that prohibit drivers under the age of 18, and bus drivers in the presence of children, from texting. Texas also currently prohibits the use of handheld devices while in school zones.

Austin, Dallas, El Paso, Galveston, Missouri City and San Antonio already have laws similar to HB 242. Since February 2010, officers from the Austin Police Department have issued 156 citations for violating the use of handheld devices while driving.

The Texas Transportation Institute recently conducted a survey finding that 52 percent of Texas drivers support laws that would ban the use of cell phones while driving.

According to the Department of Transportation, approximately 5,500 people in America lost their lives in 2009 in accidents related to distracted driving. Nearly 500,000 were injured.

McKinney Car Accident on Lake Forest Drive Results in Death

Mon, 21 Mar 2011 08:00:00 EST

A McKinney car accident involving three vehicles claims the life of one person and sends four others to the hospital. The incident took place at approximately 5:00 AM on Monday morning, March 14, 2011, along Lake Forest Drive.

According to the McKinney Police Department, two Ford Mustangs were seen by witnesses traveling southbound on Lake Forest Drive at a high rate of speed when they slammed into a street sweeper truck at the intersection of McKinney Ranch Parkway.

Deputy Chief of Police Kim Malolepzy reported that one of the members of the sweeper crew lost his life in the collision. Rescue crews transported two others to Medical Center of McKinney. Their conditions were not immediately made known.

The two Mustang drivers, who are believed to be in their late 20s, were taken by air to Parkland Memorial in Dallas. Their conditions were also not made known.

The street sweeper truck is owned by a private company that was hired by the city.

The McKinney car accident is still under investigation by local authorities. Police believe that alcohol played a role in the three-vehicle crash.

This is a terrible tragedy and we extend our thoughts and condolences to everyone who has been affected by the accident.

Arlington Car Accident Along Interstate 30 Leads to Tragedy

Fri, 18 Mar 2011 08:00:00 EST

An Arlington car accident involving a sport utility vehicle (SUV) claims the lives of two men after the driver slammed into a bridge support. The incident took place at approximately 6:30 AM on Wednesday morning, March 9, 2011, along Interstate 30, near Dallas.

According to police, a Lexus SUV traveling west on Interstate 30 left the North Texas freeway and slammed into a bridge support at the Davis Drive overpass, between Fielder Street and Cooper Street. Rescue crews found the SUV upside down, wedged between the bridge pillars.

The force of the impact ejected the unidentified driver from the vehicle. He was pronounced dead at the accident scene from injuries sustained in the single-vehicle accident. An unidentified passenger was found inside the vehicle. He was also pronounced dead at the accident scene. Police report that both victims were in their early twenties.

Police have yet to determine the actual cause of the crash, but indicate that the SUV may have been traveling very fast when it left the road and smashed into the bridge support.

The fatal Arlington accident is still under investigation by local authorities.

This is a terrible tragedy and we would like to extend our thoughts and condolences to the both of the victim’s family and friends during this difficult time.

Fatal Dallas Car Accident on Interstate 45

Sat, 12 Mar 2011 08:00:00 EST

A Dallas car accident involving a wrong-way driver claims the lives of two people and injures two others. The collision occurred in the northbound lanes of Interstate 45 near the intersection of Loop 12, at approximately 2:30 AM on Friday morning, February 25, 2011.

According to Dallas County Sheriff’s Department investigators, a red Ford pickup truck was traveling south in the northbound lanes of Interstate 45 when the driver slammed into a northbound Nissan pickup truck. The driver of the Ford pickup truck has been identified as Joseph Macias.

Luis Alvarado, 35, of Denton, was driving the Nissan when the accident occurred. Unfortunately, he was killed on impact. One of Mr. Alvarado’s passengers, Jose Aguiluz-Coreas, 35, of New Jersey, was taken to Parkland Memorial Hospital where he was pronounced dead a short time later.

Mr. Macias, along with a third passenger in the Nissan, were taken to the hospital where they were treated for injuries sustained in the accident. Their conditions were not immediately made known.

The fatal Dallas car accident is still under investigation by local authorities. Investigators have indicated that they believe alcohol may have played a role in the collision.

This is an unfortunate incident and we extend our thoughts and condolences to everyone who has been affected by this tragedy.

Dallas Pedestrian Accident Claims Life of Local Mother

Fri, 11 Mar 2011 08:00:00 EST

A Dallas pedestrian accident claims the life of a mother after she was struck while crossing the street to a Dallas nightclub. The incident took place on Thursday evening, March 3, 2011, at the 10,000 block of Harry Hines Boulevard.

According to the Dallas Police Department, 42-year-old Theresa Rodriguez was crossing the street to a Dallas nightclub when she was hit by a 2002 Dodge Stratus. The driver reportedly did not stop after hitting Ms. Rodriguez and fled the accident scene. Rescue crews transported Ms. Rodriguez to Parkland Hospital where she was later pronounced dead.

Amber Moreno, Ms. Rodriguez’s 20-year-old daughter, was with her at the time of the hit-and-run accident. “I didn’t hear it screech,” she said. “It didn’t even brake after it hit her. It kept going.”

Dallas Police Department Sr. Corp. Kevin Janse believes that alcohol probably played a role in the accident. Police have identified the owner of the Dodge as Jose Castillo. Police are still looking for Mr. Castillo.

“This particular individual, Jose Castillo, does have several prior DWI arrests,” said Mr. Janse. “So, there is a very good likelihood that he was intoxicated and that’s why he did not stop.”

The fatal Dallas pedestrian accident is still under investigation by local authorities.

This is a terrible tragedy and we would like to extend our thoughts and condolences to Ms. Rodriguez’s family and friends during this difficult time.

DePuy Hip Implant lawsuits consolidated in Multi-District Litigation

Wed, 02 Mar 2011 08:00:00 EST

An estimated 93,000 patients who received a DePuy ASR Hip Replacement device have been injured by this defective medical device. DePuy Orthopedics is a subsidiary of Johnson & Johnson. Reacting to growing pressure, they finally recalled the product in September 2010 due to its unreasonably high failure rate. Many patients must undergo a painful second "revision" surgery to repair the damage caused by the defective devise.

DePuy Hip Implant Lawsuits are being filed all over the United States. Recently, a vehicle was established which will allow all of the cases to be filed in Federal Court in Ohio. The cases are only being consolidated for pre-trial purposes in order to save all parties the cost and complication of duplicative discovery and inconsistent rulings. If the cases are unable to be resolved, the Court Order allows plaintiffs to try their individual lawsuit in an appropriate venue.

If you have had hip implant surgery and are unsure of whether you have a DePuy ASR hip, you should contact the orthopedic surgeon who performed the surgery or the hospital where the surgery was performed. Be aware that DePuy is trying to get patients to sign documents before they fully realize the nature and extent of their potential damages. Therefore, you would be well advised to refuse to sign anything before consulting with an experienced medical device attorney.

The Epidemic of Prescription Drug Overdose Deaths

Wed, 02 Mar 2011 08:00:00 EST

With the recent rash of celebrity overdose deaths, Americans are becoming increasingly aware of the prescription drug addiction epidemic which is ravaging this country and claiming the lives of her citizens.

According to the CDC,

The mortality rates from unintentional drug overdose (not including alcohol) have risen steadily since the early 1970s, and over the past ten years they have reached historic highs.

The CDC also added that drug overdose deaths are now 4 to 5 times higher than the death rates during the black tar heroin epidemic in the mid-1970s and more than twice what they were during the peak years of crack cocaine in the early 1990s. Currently, people in the 45-54 age group now die of drug overdoses more often than from traffic crashes.

The most common drugs found on autopsy in drug overdose deaths are called narcotics, usually prescription painkillers called opioids. OxyContin , Vicodin and Lortab are examples of opioid painkillers. Methadone is also now widely used as a painkiller in addition to its use for treatment of addiction. Another drug commonly associated with drug overdose deaths is a group of drugs called sedatives like Xanax and Valium. Soma, a powerful muscle relaxer is often in the mix.

According to the U.S. Drug Enforcement Agency, more than 6 million Americans are currently abusing prescription drugs—that is more than the number of Americans abusing cocaine, heroin, hallucinogens and inhalants combined. With more current users, we can expect the mortality rates from prescription drug overdose deaths to continue to rise.

The victims are not what many might perceive as a bum living under a bridge. These are our sons and daughters, parents, teachers and neighbors. It affects everyone from the high profile celebrity to the ordinary American.

A multi-pronged approach is needed to address this problem. But, recognition of the problem is a good place to start. It is unfortunate that it took several high profile cases to bring the problem into the public's eye. But, now that we know, we cannot turn a blind eye. The time is now to begin a dialogue about how to best address this killer epidemic.

Appearance on Dan Rather Reports Tonight, October 27th 2009

Wed, 02 Mar 2011 08:00:00 EST

Please tune in for a special Dan Rather Reports episode tonight , Tuesday October 27th at 8:00 PM EST on HDNet . The episode will feature the growing national pill mill problem by profiling Ken and Esther Scarborough of Beaumont, Texas, whose 25-year-old son, Christopher, died an accidental death caused from combined drug toxicity on September 23, 2007.

I represent the Scarborough family and will also appear on the episode to discuss prescription drug diversion throughout the U.S.

VIEWING DETAILS:

Where: HDNet Dan Rather Reports
Live: Viewing details at HDnet
Recording: download the episode on iTunes

Levaquin Lawsuits

Wed, 02 Mar 2011 08:00:00 EST

The popular antibiotic Levaquin was approved by the FDA in 1996. However, in July 2008 the FDA warned consumers that Levaquin (and other drugs in the fluoroquinolone class of antibiotics) put users at a heightened risk for developing tendonitis and tendon ruptures. The FDA ordered the drug's manufacturer, Ortho-McNeil Pharmaceutical, Inc. (a subsidiary of Johnson & Johnson) to include a label warning about the heightened risk of tendonitis and tendon ruptures. The most serious type of tendon injury commonly associated with Levaquin is a ruptures achilles tendon, which typically requires surgery and extensive rehabilitation. Other types of related injuries are tendon ruptures of the rotator cuff, hand, biceps and thumb. Most of these injuries occur either shortly after completing the dose of Levaquin or within several months. There have already been numerous lawsuits filed across the U.S. The pending Levaquin lawsuits have recently received mass tort designation because there could potentially be thousands filed. The cases have been consolidated in a MDL (Multi-District Litigation) because of the complex issues involved and the common issues of law and fact.

Retinopathy in Premature Babies

Wed, 02 Mar 2011 08:00:00 EST

RETINOPATHY OF PREMATURITY Retinopathy in premature babies is referred to as retinopathy of prematurity with the acronym (ROP). This potentially vision-robbing affliction appears most often in premature newborns weighing three pounds or less and, who are born at less than thirty-one weeks of gestation. A typical term pregnancy involves gestation of around forty weeks. Unfortunately, if ROP does develop it usually affects both eyes. The smallest newborns are at the highest risk of exhibiting ROP. This form of retinopathy is one of the most common causes of childhood vision deficits and can end in lifelong visual difficulties and even blindness. Retinopathy of prematurity is connected with abnormally formed blood vessels in the retina. The abnormal blood vessels end abruptly and do not supply enough blood flow to the entire retina. The retina plays a role similar to a movie screen, it is where the image is projected and then processed into vision. Without a healthy blood supply to the light sensitive nerve ending forming the retina normal vision is not possible. The diagram below is an illustration of a normally formed eye. The first reported instances of ROP appeared in the 1940’s. The culprit was surprisingly, pediatric incubators. These devices were designed to coddle a newborn in a warm, humidity controlled, and safe environment. As a purported benefit of this closed system additional oxygen could easily be provided to the baby. It was discovered that when too much oxygen was given there was a rise in the incidence of ROP; on the other hand too little oxygen can cause other issues such as cerebral palsy. An Australian pediatrician named Kate Campbell was one of the first physicians to conclude that excessive oxygen levels could actually cause damage to newborns. This discovery was made over fifty years ago. Even with the benefit of over five decades of observation and study ROP continues to be a serious issue. Up to fifty percent of babies with a birth weight of less than 3.75 pounds develop ROP. Fortunately, there are treatments available for children exhibiting signs of this condition. Early screening in appropriate cases can lead to earlier treatment if problems associated with ROP are found. Cryotherapy (the use of extremely cold temperature to remove diseased tissues) and lasers (the use of localized high temperature to destroy diseased tissue) have both been used with success as treatment options for ROP. The attorneys and staff of Van Wey Law are dedicated to the protection of client rights. This article is intended only as a general discussion of the covered topic and is not intended to convey any specific legal or medical opinions. Please contact the Van Wey Law Office for more information!

Do I Have an ROP Lawsuit?

Wed, 02 Mar 2011 08:00:00 EST

ROP lawsuits are personal injury cases that seek compensation for babies who develop retinopathy of prematurity (ROP) as a result of medical negligence. ROP can result in permanent disability. Infants and their parents may be entitled to compensation when malpractice has played a role in the development of retinopathy of prematurity (ROP). Instances of malpractice known to contribute to retinopathy of prematurity include (but aren't necessarily limited to):

exposing newborns to toxins
improper use of oxygen therapy following birth
failing to provide timely, regular eye exams to high risk infants
failing to diagnose retinopathy of prematurity (ROP) when symptoms of this condition are clearly present
failing to promptly or adequately treat retinopathy of prematurity (ROP)

ROP can have lifelong consequences. If your baby has been diagnosed with retinopathy of prematurity (ROP), please contact us to learn more about your rights and receive a free consultation. The attorneys and staff of Van Wey Law, P.L.L.C. are dedicated to the protection of patient rights. This article is intended to be informative in nature and not to convey any specific legal or medical opinions.

Accutane causes severe birth defects

Wed, 02 Mar 2011 08:00:00 EST

Accutane is a medication that was prescribed for treatment of severe acne that had not responded to other treatments. The active ingredient in Accutane is isotretinoin. Isotretinoin is also found in Amnesteem, Claravis, and Sotret. In 2009, Hoffman La Roche, the manufacturer of Accutane, discontinued its manufacture citing dwindling market share of the medication. Accutane was introduced in 1982. Unfortunately, very serious side effects have been associated with the use of Accutane and these other drugs. The FDA issued a warning regarding use of Accutane in Pregnant women, women who plan to become pregnant, or become pregnant during Accutane treatment. The warning is clear, simple, and ominous, “Accutane causes severe birth defects” http://www.fda.gov/downloads/Drugs/DrugSafety/UCM085812.pdf Women who were prescribed Accutane should have had to satisfy requirements approved by the FDA, making sure they were aware of the chance of birth defects or miscarriage. If patients did become pregnant while taking Accutane, they should have been warned to discontinue use immediately and contact a medical professional experienced in reproductive toxicity. Women who were not warned of this may have valid grievances against their medical provider who prescribed them Accutane, or Hoffman La Roche, the drug manufacturer. The birth defects caused include severe fetal malformations. The March of Dimes Foundation issued its own warning against the use of Accutane during pregnancy. Specifically, Its medical director, Donald Mattison, M.D., has been quoted as saying:

"Even a single pregnancy exposed to Accutane is one too many, given all we know about the severe harm this drug can do to fetuses." "We urge everyone, especially physicians, patients with acne, and pharmacists, to become better educated on the proper use of this drug and to follow the guidelines more carefully."

Plaintiff Wins First Levaquin Tendon Rupture Trial

Wed, 02 Mar 2011 08:00:00 EST

As many know by now, the popular antibiotic Levaquin has been linked to spontaneous tendon ruptures and tendon damage. In July 2008, the FDA required that a "black box" warning be added to Levaquin, warning users of the risk of tendon damage. Approximately 2,600 Levaquin tendon rupture lawsuits have been filed all over the country and have been consolidated in an MDL(multidistrict litigation) in Minnesota Federal Court. The first Levaquin tendon rupture trial ended in a big win for the plaintiff. On December 8, 2010 a Minnesota jury awarded $1.8 million, including $1.1 million in punitive damages against Johnson & Johnson and one of it's subsidiaries for recklessly failing to warn consumers and doctors about the risk of tendon ruptures from Levaquin. Johnson & Johnson has stated it will appeal the verdict. This first trial is known as a "bellwether" trial. The results of the first trial are not binding in other cases. There are five other cases that have been selected for bellwether trials. The results of the upcoming bellwether trials will likely have an impact on whether a global settlement can be reached. If you or a loved one have suffered a tendon rupture or tendon injury after taking Levaquin, you should consult a qualified Levaquin tendon rupture lawyer immediately. Depending on the applicable statute of limitations in your state, there still may be time to file your lawsuit.

Depuy Hip Implant Device Recall

Wed, 02 Mar 2011 08:00:00 EST

DePuy Orthopedics, a subsidiary of Johnson & Johnson has recently announced a recall of its ASR hip replacement implant devices. It is estimated that nearly 100,000 of these dangerous and defective devices were implanted in patients. DePuy estimates that at least 13% of the patients implanted with these devices will require a second hip replacement surgery to replace the device and possibly repair additional damage caused by the device. The actual number of patients affected is likely much higher. If you or a loved one has a DePuy ASR hip device, it would be wise to seek the advise of an attorney immediately. We strongly recommend you not sign anything, (especially if it is from DePuy) until you talk to an attorney. We are currently representing victims who received the defective and dangerous DePuy ASR hip implant. Please do not hesitate to contact us if we can answer any questions you may have.

Doctor Linked to Patient Deaths Suing out of Spite, Witness Says

Sat, 12 Feb 2011 08:00:00 EST

By Marshall Allen
Las Vegas Sun
Saturday, Feb. 12, 2011, 2 a.m.

A nationally known pain specialist says she's become the target of intimidation for speaking out against a Henderson doctor who has been linked by authorities to multiple deaths and lost his license to prescribe controlled substances.

Dr. Andrea Trescot, a Jacksonville, Fla., specialist and past president of the American Society of Interventional Pain Physicians, said her legal fees to fight a defamation lawsuit filed by Dr. Kevin Buckwalter are at least $20,000.

"I feel this is retaliation and an effort to intimidate a witness," Trescot said.

After Trescot commented on Buckwalter's practices in Las Vegas Sun articles in 2008, the Nevada State Board of Medical Examiners and the Drug Enforcement Administration stripped him of his license to prescribe controlled substances, saying at least eight of his patients had died since 2005 from drugs he prescribed.

"Unfortunately, there are a few doctors using their position of trust in our communities to prey on those who are vulnerable to the abuse of these drugs," Timothy Landrum, a DEA special agent, said at the time.

Buckwalter, a family physician who is not practicing, is contesting the medical board and DEA decisions.

Bryce Buckwalter, the doctor's brother and attorney, said Trescot should be held accountable for her comments.

"She said defamatory statements, so I'm going to go after her and see what the jury says," he said.

The Sun was researching a story about Buckwalter's medical practice and sought experts to review his treatment of patients who claimed they had become addicted to narcotics under his care. The medical records of some patients showed they had overdosed and died from the powerful pills. Others, whose records showed they had been prescribed large quantities of narcotics by Buckwalter, told the Sun the drugs had ruined their lives.

Four pain specialists said in the Sun's stories Buckwalter's prescription of the narcotics appeared to be reckless and had no basis in standard medical practice, based on the patient records they reviewed. Trescot and Dr. David Kloth of Danbury, Conn., also a nationally recognized pain specialist, were the only two to speak on the record. Kloth is not being sued by Buckwalter.

In the first story the Sun wrote about Buckwalter, published in September 2008, Trescot, who wrote a guide for prescribing opiates for the American Society of Interventional Pain Physicians, reviewed the records of a Las Vegas businessman who was receiving up to 1,100 narcotic doses a month from Buckwalter. Trescot said the records showed:

No legitimate medical need for the narcotics.
Multiple prescriptions at the same time for the same or equivalent medications.
Quantities of pills "far above" a reasonable amount.

Under Buckwalter's care, the businessman appears to have become addicted to the medications "either through maliciousness or blatant disregard of the dangers of this class of medicines," which equates to malpractice or criminal behavior, Trescot said.

For a story the Sun published a month later, Trescot reviewed the records of a 19-year-old OxyContin addict who wrote in her journal that she went to Buckwalter allegedly to get off the drugs. Buckwalter put her on methadone, but stopped prescribing it after she overdosed, medical records show. He later ramped up her narcotics prescriptions, medical records show, including oxycodone, the primary ingredient in OxyContin. She later committed suicide.

Trescot said it was "not conscionable" to give narcotics to a patient who had overdosed on them. "At the very least he needs to have his license pulled now," she said.

She and Kloth were so alarmed by the records they reviewed, she said, that they wrote a letter to the DEA about Buckwalter.

Trescot offered expert statements in lawsuits filed against Buckwalter on behalf of patients who died or became addicted to pain medications, allegedly because of his treatment.

The Buckwalter brothers filed their lawsuit against Trescot in November 2009 in District Court in Clark County, but it has since been moved to federal court.

Trescot believes she is being sued to discourage her from providing expert trial testimony in the lawsuits that patients, or their loved ones in cases where the patient died, have filed against Buckwalter. There have been settlement discussions, but Trescot said if she settles it could discourage other physicians from speaking out against bad doctors.

"I feel strongly that physicians who are practicing poor medicine are putting patients' lives at risk and should be brought before the legal authorities," Trescot said.

Bryce Buckwalter told the Sun that Trescot needs to prove the statements she said about his brother are true. "The only defense against defamation is absolute truth," he said. "Unless you can prove them with absolute certainty you can be on the hook for defamation."

But Mitch Langberg, a Los Angeles-based defamation attorney the Sun has used to review its investigative stories, including those about Buckwalter, said Bryce Buckwalter is "absolutely 100 percent wrong."

Langberg, who typically represents plaintiffs in defamation suits, including Steve Wynn, Martha Stewart and Aretha Franklin, said Buckwalter has the burden of proving Trescot's statements were false. This will be even more difficult because of the findings of the medical board and DEA, Langberg said. Buckwalter would need to reveal all the facts about each case in question, Langberg said, which he might be reticent to do.

No matter the burden of proof, the case could be expensive for Trescot to defend, Langberg said.

The original article can be read in its entirety at http://www.lasvegassun.com/news/2011/feb/12/doctor-suing-out-spite-witness-says/.

Henderson Doctor Linked to 8 Deaths Says Board Bowed to Political Pressure

Tue, 25 Jan 2011 08:00:00 EST

By Steve Green
Las Vegas Sun
Published Monday, Jan. 24, 2011, 12:15 p.m.
Updated Tuesday, Jan. 25, 2011, noon

A Nevada doctor implicated by authorities in the deaths of eight patients is leveling new allegations against the State Board of Medical Examiners over its suspension of his authority to prescribe medication.

Dr. Kevin Buckwalter of Henderson sued the board in November, charging his civil rights were violated because the board has failed to detail the allegations against him or schedule a hearing so he can defend himself.

The new allegation in the lawsuit is that the board members gave in to political pressure and moved against Buckwalter in response to the hepatitis C crisis that emerged in Southern Nevada in early 2008.
The board in November 2008 suspended Buckwalter's authority to prescribe controlled substances and he's a defendant in eight negligence lawsuits filed in Clark County District Court since April 2009.

The Drug Enforcement Administration also blocked his authority to prescribe drugs after a Las Vegas Sun investigation linked his practice to multiple patient deaths. The oversight agencies linked Buckwalter to eight fatalities.

Attorneys for the medical board responded last month and this month to Buckwalter's November lawsuit, saying the board had good reason to suspend his ability to prescribe drugs and arguing Buckwalter's lawsuit is unnecessary since he has the ability to press his case with the medical board but hasn't done so.

Medical board court filings show that after his drug-prescribing authority was suspended, Buckwalter's attorney in 2009 signed an agreement with the board to vacate a scheduled March 18, 2009, hearing during which Buckwalter could have contested the complaint against him. Penalties in the complaint could be as severe as a permanent revocation of his medical license, court records show.

The hearing was vacated based on the anticipation the board's complaint against Buckwalter would be resolved through a negotiated settlement; and settlement talks apparently continued until Buckwalter filed his federal lawsuit in Las Vegas in November 2010.

Board attorneys say they view the November lawsuit as an "implied revocation'' of Buckwalter's agreement to stay the March 2009 hearing, so they're now preparing for a full hearing on the board's complaint and plan to hold it in April.

"The board has never, expressly or impliedly, attempted to deprive plaintiff of his right to hearing,'' said a filing for the board by attorneys with the Reno law firm Robison, Belaustegui, Sharp & Low.

Those attorneys also asked that Buckwalter's lawsuit be dismissed, saying he wrongly sued individual medical board members who are immune from such lawsuits.

In arguing against Buckwalter's motion for an injunction blocking the board from enforcing its suspension of his drug-prescribing abilities, the medical board attorneys related the history of the case:

As early as August 2006, the board began investigating citizen complaints about Buckwalter's method of prescribing, administering and dispensing medication and this led to Buckwalter being issued a non-disciplinary letter of warning by a board investigative committee.
After receiving additional complaints that Buckwalter's methods for prescribing narcotics were excessive and dangerous and that this may have contributed to patient deaths, the board continued to investigate Buckwalter and had information on Buckwalter's practices peer-reviewed.
Two peer reviews received in the fall of 2008 indicated "that in several instances, the plaintiff's professional conduct fell below the appropriate standard of care.''
In suspending Buckwalter's ability to prescribe drugs, the board "found and concluded, upon a preponderance of the evidence, that plaintiff (Buckwalter) maintained inadequate medical records, and prescribed excessive controlled substances, and that in at least one instance, the plaintiff's (Buckwalter's) conduct contributed to the death of a patient.''

In arguing against Buckwalter's motion that the board be restrained from enforcing its order preventing Buckwalter from prescribing drugs, the board's attorneys wrote in a court filing that any harm to Buckwalter by that order "pales in comparison to the interests of the public in being protected from physicians who have shown an inability or unwillingness to practice in conformity with the appropriate standard of care.''

"The State Board of Medical Examiners has determined, through appropriate investigation and peer review, that to allow plaintiff (Buckwalter) to continue to practice medicine poses a threat to the health and safety of his patients and to the general public,'' attorneys for the board argued.

Jacob Hafter, one of Buckwalter's attorneys, said Monday that based on that language and the board's stance against Buckwalter he believes the board will be moving to revoke Buckwalter's license, not just extend the suspension of his ability to prescribe drugs.

Yet, Hafter said, information the board has produced so far focuses on record-keeping violations and doesn't support either suspension of his ability to administer drugs or revocation of his license.

In responding to the board filings, Hafter and another Buckwalter attorney -- Michael Naethe -- said individual board members are not immune from the lawsuit because their suspension of Buckwalter's ability to prescribe drugs was made without Buckwalter being able to defend himself. They said that violated his right to due process under the U.S. Constitution.

"Defendants cannot demonstrate that they were shielded from political influence. Certain defendants are political appointees. All of the defendants are charged with upholding the legislative mandate set forth in (Nevada law). At the time which the summary suspension occurred, defendants were under intense public and political scrutiny to discipline and regulate the medical profession as part of the Endoscopy Center crisis. As a result, defendants acted swiftly and harshly to suspend plaintiff's license, ex parte (in a one-sided fashion),'' Buckwalter's filing said.

"Such actions occurred despite the fact that defendants had not acted in such a manner against any physician previously who was alleged to have committed the same acts with which plaintiff was charged,'' his filing said.

"The summary suspension was widely publicized throughout the state of Nevada. To suggest that the defendants did not have political motives for what they did in this case is suspect, at best,'' the filing said.

"The defendants rushed to discipline Dr. Buckwalter as a result of the Hepatitis C crisis and the allegations that the defendants were soft on disciplining doctors.''

Buckwalter's attorneys also said that in agreeing to vacate the March 2009 hearing, Buckwalter didn't waive his due process rights.

"The question in this case is whether the defendants violated plaintiff's due process rights when they summarily suspended, did such under the false pretense of an emergency and continued such suspension without any notice or opportunity to be heard for the past two-plus years,'' Buckwalter's filing said. "For over two years now, with no relief in sight, plaintiff's medical career has been destroyed as a result of an ex parte (one-sided) decision by defendants to summarily suspend plaintiff's medical license.

"Plaintiff has turned to this court as an avenue of last resort to restore what he has dedicated his life to -- the practice of medicine,'' Buckwalter's filing said.

Attorneys for the state replied last week, citing previous case law finding the structure of the medical board and the procedural requirements of its decision-making process "show that board members are sufficiently insulated from political influence.''

The federal judge and magistrate judges assigned to the case have not yet indicated when they may rule on the board's motion that the case be dismissed or on Buckwalter's motion for an injunction.

Records show Buckwalter's now-restricted state medical license is set to expire June 30. Because of the November 2008 action against him, Buckwalter hasn't worked as a doctor for more than two years, Hafter said.

While the State Board of Medical Examiners has linked Buckwalter to one death, on Dec. 18, 2008, the U.S. Drug Enforcement Administration stripped Buckwalter of his ability to prescribe controlled substances, alleging that at least eight of his patients since 2005 had died of overdoses.

Buckwalter, in the meantime, is disputing the medical malpractice allegations against him.

For instance, in April 2010, Susan Lee Holden sued Buckwalter in Clark County District Court over the death of her husband Stephen Richard Holden.

"The tragic circumstances leading to Stephen Richard Holden's death were part of a pattern and practice of Dr. Buckwalter which involved the unnecessary and inappropriate prescription of controlled substances," the lawsuit charged.

Attorneys for Buckwalter disputed this, writing in an answer to the lawsuit Buckwalter "fully performed and discharged all obligations owed to" Holden "including meeting the requisite standard of care" to which he was entitled.

The original article can be read in its entirety at http://www.lasvegassun.com/news/2011/jan/24/henderson-doctor-linked-8-deaths-says-board-bowed-/.

Henderson Doctor Linked to Patient Deaths Sues Medical Board

Fri, 19 Nov 2010 08:00:00 EST

By Steve Green
Las Vegas Sun
Published Friday, Nov. 19, 2010, 6:05 p.m.
Updated Friday, Nov. 19, 2010, 6:37 p.m.

A Henderson doctor linked by medical authorities to the deaths of eight patients filed suit Friday against the State Board of Medical Examiners in a bid to reverse the board's order blocking his ability to prescribe controlled substances.

Dr. Kevin Buckwalter filed the suit in U.S. District Court in Las Vegas, charging his due process rights have been violated because the board has failed to detail all the allegations against him or schedule a hearing so he can defend himself.

A message for comment was left with the board.

The board two years ago suspended Buckwalter's authority to prescribe controlled substances and he's a defendant in eight negligence lawsuits filed in Clark County District Court since April 2009.

The Drug Enforcement Administration also blocked his authority to prescribe drugs after a Las Vegas Sun investigation linked his practice to multiple patient deaths. The oversight agencies linked Buckwalter to eight fatalities.

But in his lawsuit Friday, filed by Las Vegas lawyers Jacob Hafter and Michael Naethe, Buckwalter charged that more than two years after the suspension, he "still has not received the hearing which he is entitled to'' under Nevada law.

"In Nevada, a physician's license to practice medicine has been held to be a protected property right, which cannot be altered or limited without the adequate amount of due process,'' charged the suit, which seeks an injunction forcing the board to withdraw its suspension.

The board found Buckwalter "poses a threat to the health and safety of patients he sees and treats, or may see and treat, as well as the public in general."

But Buckwalter complained in his lawsuit that numerous records were reviewed by investigators, but the suspension was "based upon the care rendered to just the four patients over a five-year period of time'' whose cases formed the basis for the allegations in the 23-page complaint.

Attorneys for Buckwalter also complained in the lawsuit that after Buckwalter answered the administrative complaint in January, Hafter was told that there were new allegations of violations that were not included in the initial complaint but were pending against Buckwalter. The suit says that through this month, Buckwalter still hasn't been told what the new allegations are.

Records show the suspension was for Buckwalter:

Violating state code that defines malpractice as "the failure of a physician, in treating a patient, to use the reasonable care, skill, or knowledge ordinarily used under similar circumstances."
Violating another code for the "failure to maintain timely, legible, accurate and complete medical records relating to the diagnosis, treatment and care of a patient."
Violating a code by engaging "in the practice of writing prescriptions for controlled substances to treat acute pain or chronic pain in a manner that deviates from the guidelines set forth in the Model Guidelines for the Use of Controlled Substances for the Treatment of Pain."

But in his lawsuit Friday, Buckwalter said the state board "falsely created an emergency" in suspending his license without giving him a chance to defend himself.

"The board's expert stated that the 'lack of documentation makes it nearly impossible to assess and analyze Dr. Buckwalter's medical decision making regarding the controlled substance prescriptions he wrote for the patients,'" the lawsuit says. "The board's expert concluded that the 'vague, haphazard and illegible documentation' is the source of Dr. Buckwalter's alleged failure to adhere to 'expected medical standard of care as it relates to prescribing controlled substances.'"

"Over seven months passed between the last allegation of malpractice in the administrative complaint and the summary suspension. Failure to keep proper medical records is not an emergency which requires an emergency action to protect the health and safety of the public," the suit charged.

The original article can be read in its entirety at http://www.lasvegassun.com/news/2010/nov/19/henderson-doctor-linked-patient-deaths-sues-medica/.

Physician Linked to Patient Deaths Files Defamation Suit

Tue, 05 Jan 2010 08:00:00 EST

By Marshall Allen
Las Vegas Sun
Tuesday, Jan. 5, 2010, 12:48 p.m.

A doctor whose prescriptions have been linked by federal officials to the deaths of at least eight people is suing the attorney representing the families of some of his deceased patients, claiming she defamed his name in stories published in the Las Vegas Sun.

Dr. Kevin Buckwalter, the subject of a lengthy Sun investigation, was stripped of his license to prescribe controlled substances in December 2008 by the Nevada State Board of Medical Examiners and the Drug Enforcement Administration. The Sun has reported that Buckwalter prescribed what experts said were extremely high doses of narcotics - sometimes to drug addicts - without performing physical examinations.

Dallas attorney Kay Van Wey is representing the families of five people whose deaths were allegedly caused by Buckwalter, who went to medical school in the West Indies and is specialty-trained to practice family medicine.

The doctor's lawsuit highlights one quote that Van Wey made in a Sun story: "These rogue doctors like Dr. Buckwalter ... have reaped enormous profits by using their prescription pads as a printing press to make money," Van Wey said.

The starting point for a defamation case would be if the quote is untrue. Van Wey stands by her statement.

"This lawsuit is a shameful attempt to divert the focus from the doctor's wrongdoings and to intimidate those of us who are trying to help the victims," Van Wey said. "I will not be intimidated or deterred from our mission to expose the truth. I stand by my opinion that the evidence will show that (Buckwalter's) practices were far outside the bounds of any normal or acceptable medical practice and that there was likely a financial motive involved."

Buckwalter's brother Bryce Buckwalter, who is his attorney, did not respond to requests for comment. In the complaint he wrote that his brother "is not a rogue doctor" and has never "intentionally" written prescriptions in an effort to "unlawfully" make a profit.

The lawsuit says that Van Wey's statements are false and have damaged Buckwalter's standing in the community.

The DEA also made strong statements about his practices when it took away his license to prescribe. At the time, the DEA said that allowing the Henderson physician to prescribe controlled substances "constitutes an imminent danger to public health and safety."

Timothy Landrum, DEA special agent in charge of its Los Angeles division, said at the time in a statement about Buckwalter: "Unfortunately, there are a few doctors using their position of trust in our communities to prey on those who are vulnerable to the abuse of these drugs."

The original article is available in its entirety at http://www.lasvegassun.com/news/2010/jan/05/physician-linked-patient-deaths-files-defamation-s/.

Yas/Yasmin birth control pills should be taken off the market

Sun, 15 Nov 2009 08:00:00 EST

A study recently published in the British Medical Journal concluded that pills containing the hormones drospirenone or desogestrel may be dangerous. Yaz and Yasmin both contain 3 mg of drospirenone. These drugs, which are manufactured by Bayer are believed to pose a six fold increase in the risk of blood clots, which cause serious injuries such as deep vein thrombosis (DVT) and pulmonary embolism (PE). It has been alleged that from 2004-2008 Yaz/Yasmin has caused more than 50 deaths, some of these in women as young as 17. These deaths have been associated with cardiac arrythmia, cardiac arrest, intracardiac thrombus, pulmonary embolism and stroke. Bayer has heavily marketed Yas/Yasmin to young women and has reaped enormous profits through its sales. However, Bayer has continued to minimize the known risks and side effects so as to "not make its customers uneasy" [Hubert Ostendorf-Coalition against Bayer Dangers]. Lawsuits have been filed throughout the United States and have recently been consolidated into a Multi-District Litigation [MDL] in order to streamline discovery and avoid inconsistent rulings. VanWeyLaw is currently representing Yas/Yasmin victims. If you or a loved one have taken Yaz/Yasmin and have suffered a serious injury, such as pulmonary embolism, deep vein thrombosis, stroke, cardiac arrest or death, please contact kay [at] vanweylaw.com for further information.

Medical Board Rejects Deal for Doctor Accused of Malpractice

Sat, 07 Nov 2009 08:00:00 EST

By Cy Ryan
Las Vegas Sun
Saturday, Nov. 7, 2009, 2 a.m.

The Nevada Board of Medical Examiners rejected Friday a proposed settlement with a Henderson physician linked by authorities to the deaths of eight patients after prescribing them narcotic painkillers.

The proposed agreement with Dr. Kevin Buckwalter called for him to plead guilty to three counts of malpractice, pay a $4,000 fine and allow the board to revoke his license to practice. The revocation would have been stayed if Buckwalter granted the board "unfettered access" to his medical records.

After 18 months Buckwalter could have applied to end the revocation of his license.

It was unclear why the medical board rejected the settlement, which was negotiated by the medical board's counsel, Edward Cousineau, and Buckwalter's brother, attorney Bryce Buckwalter.

Board member Dr. Michael Fischer, who made the motion to reject the settlement, refused to say whether the panel viewed it as too lenient or too strict. Board officials said members could not comment on the case because it hasn't been resolved.

But one medical official familiar with the workings of the board said the panel was acting cautiously because of recent media scrutiny of its actions and motives. The board doesn't want to "be perceived as letting him off too easy," said the official who asked not to be identified.

The official said board members want the matter resolved during a full hearing, where evidence is presented publicly, instead of signing off on a settlement negotiated behind closed doors.

Douglas Cooper, interim executive director of the medical board, confirmed the Buckwalter case will be resolved in a disciplinary trial before the board.

In November 2008, Buckwalter was stripped by the medical board and the Drug Enforcement Administration of his license to prescribe controlled substances after a Sun investigation linked his practice to multiple patient deaths. The oversight agencies linked Buckwalter to eight deaths.

Buckwalter, who has stopped practicing medicine, faces a number of lawsuits accusing him of violating medical standards when he prescribed large doses of narcotic painkillers that contributed to patients' deaths.

The state's allegations against Buckwalter focus on four cases in which he is accused of writing excessive prescriptions without keeping adequate records.

During Friday's medical board meeting, Fischer asked about the other Buckwalter cases reported by the Sun. But Cousineau, the board's counsel, said the panel could discuss only the four cases in the state's complaint.

In one, the complaint accuses Buckwalter of prescribing excessive amounts of the pain medicines OxyContin and Kadian, which contributed to the death of the patient.

In another, the complaint says Buckwalter wrote 49 prescriptions for the anti-anxiety drug Alprazolam but provided no record or justification why. Buckwalter started the patient at the maximum dosage, the complaint noted.

Buckwalter also wrote 61 prescriptions of Alprazolam for a patient between June 2006 and April 2008 without documenting the patient's response to the medication and the reason for increasing doses, according to the complaint.

The fourth case found that Buckwalter wrote 71 prescriptions for a controlled substance without documenting "the reasons for medication changes relating to narcotics, benzodiazepines and muscle relaxer."

The state investigation also found inadequate record keeping.

Dr. Jerry Calvanese, a medical reviewer for the board, examined the records of numerous Buckwalter patients. In an affidavit, he said: "A vast majority of the records include essentially no physical exam. Even when there is documentation in the records of a physical exam, the documentation is mostly illegible ... In addition, my review has created concerns in my mind that Dr. Buckwalter has administered inappropriate narcotics shots in the office setting and not taken proper steps to ensure patient safety thereto."

Bryce Buckwalter told the board that his brother is a "good doctor who loves helping people" and is eager to return to practicing medicine. Since his suspension, Kevin Buckwalter has received 174 hours of medical education, 40 percent of it in pain management, he said.

Kevin Buckwalter recognizes the issues with his medical practice, his brother said.

"It is something we have dealt with," he said. "It comes down to a chart problem."

The original article can be read in its entirety at http://www.lasvegassun.com/news/2009/nov/07/medical-board-rejects-deal-doctor-accused-malpract/.

Stop the Whining

Thu, 05 Nov 2009 08:00:00 EST

Editorial
Las Vegas Sun
Thursday, Nov. 5, 2009, 2:06 a.m.

Despite Medical Board president's claim, Nevadans not adequately protected
It is no secret that the Nevada State Board of Medical Examiners has often done a poor job of protecting the public from bad doctors and shoddy medical practices. The only people who do not seem to realize that are members of the board.

The latest example of this was a news release issued Tuesday by Dr. Charles Held, the board's president, in response to an Oct. 25 story in the Las Vegas Sun that provided recent examples of the board's substandard performance.

Declaring "Enough is enough," Held whined that there has been too much misinformation about the board and that it "pursues the goal of protecting the citizens of Nevada."

In reality the board has had a long history of turning its back on Nevadans. During the state's contentious medical malpractice debate this decade, critics were on target when they charged that the board failed to make disciplinary actions and settlement agreements with law-breaking doctors readily available to the public. The board also was chastised for rarely holding meetings in Southern Nevada, where a majority of the state's population resides.

The Reno Gazette-Journal in 2004 published an exposé revealing that Nevada had one of the nation's worst records of disciplining doctors while allowing physicians facing serious allegations to avoid punishment.

The Nevada Legislature has responded to criticism by passing laws making the board more responsive to the public, including fuller disclosure of actions taken against doctors. But serious problems persist. Last year the board's incompetence was on full display when it reacted to the hepatitis C outbreak in Southern Nevada with the speed of a glacier.

Another puzzling board performance involved Dr. Kevin Buckwalter, the subject of stories in the Sun for prescribing narcotics in a way that was linked to patient deaths. The Drug Enforcement Administration followed up those reports by citing Buckwalter in nine patient deaths, causing the agency to revoke his license to prescribe narcotics. The state board did the same but inexplicably allowed the doctor to keep his medical license.

It may be that the only way to correct these debacles is to have legislators dismantle the board and let a state agency discipline doctors. What is obvious is that the way Nevada regulates its doctors is broken.

The original article can be read in its entirety at http://www.lasvegassun.com/news/2009/nov/05/stop-whining/.

Widows: Doctor Prescribed Narcotics that Led to Addictions, Deaths

Wed, 14 Oct 2009 08:00:00 EST

By Marshall Allen
Las Vegas Sun
Wednesday, Oct. 14, 2009, 2 a.m.

In the last year of his life, Robert Reynolds was prescribed narcotics by two local physicians who were supposed to be collaborating to improve his condition.

Instead, his widow says, they contributed to his death.

Reynolds' family physician, Dr. Kevin Buckwalter, referred him to specialist Dr. Albert Yun Yeh in 2007 for help with his lower back pain. Buckwalter had been prescribing Reynolds heavy doses of narcotic painkillers before he referred him to Yeh.

But even after sending Reynolds to the pain specialist, Buckwalter didn't stop prescribing him narcotics. In late 2007 and early 2008, Buckwalter prescribed 180 hydrocodone and oxycodone pills a month to Reynolds, even as Yeh and his physician assistant were giving the patient morphine and Soma, a tranquilizer.

"I have a monster in me I can't control," Reynolds wrote in his suicide note to his family. "I hate me ... I have a serious problem ... I thank you for trying to help, it was to no avail. Addicts are smart, cunning people."

Reynolds shot himself in the head in October 2008. He was 50. He died one month before the Nevada Board of Medical Examiners stripped Buckwalter of his license to prescribe controlled substances and two months before the Drug Enforcement Administration did the same after linking him to eight patient deaths. Buckwalter has stopped practicing, authorities say.

Yeh's Nevada medical license was permanently revoked Oct. 6 after he was charged in July with 14 felony counts by Arizona authorities - he practiced there and Las Vegas - after the DEA arrested him for allegedly writing illegal prescriptions.

Mary Ann Reynolds, the widow of Robert Reynolds, names Buckwalter and Yeh in a lawsuit filed Friday in District Court. Buckwalter is also named in a lawsuit filed Sept. 21 by the widow of Christopher Fisher, a patient who allegedly became addicted to narcotic painkillers because of the doctor's reckless prescribing habits.

Yeh's attorney, Dan Goldfine, said "these allegations are baseless and speculative."

Buckwalter's attorney and brother, Bryce Buckwalter, said they are sorry for the losses the families have suffered, but they look forward to defending the cases in court.

The lawsuits put additional faces on a prescription drug epidemic in Las Vegas. The Sun analyzed millions of DEA records in 2008 and found that Nevadans consume greater quantities of prescription narcotics per capita than residents of almost every other state - and the use and accidental overdose deaths have skyrocketed in the past decade. Experts say a primary part of the problem is doctors who are careless with their prescriptions, or who prescribe the drugs as a way to make money.

Buckwalter became a focus of the Sun investigation, and the newspaper in September 2008 published the first of many stories about his apparently reckless prescribing habits, including ones that identified four patients - Reynolds and Fisher not among them - who had prescription-drug-related deaths while under Buckwalter's care. The initial stories were followed by the suspensions of his licenses to prescribe controlled substances.

Mary Ann Reynolds said she and Robert were an active and harmonious couple until he became addicted to narcotics in 2006. Once the addiction took hold, Robert stayed in his room and the couple fought about his drug use, she said. They eventually separated in April 2008, she said, in a last-ditch attempt to make him stop using drugs.

Dr. Andrea Trescot, a pain specialist who reviewed Reynolds' medical records for the plaintiff in the lawsuit, said in court documents that Buckwalter acted like a "legalized drug dealer," and that he escalated the prescriptions without a legitimate medical purpose. On top of that, Yeh and his physician assistant more than doubled his previous opiate dose without any apparent evaluation of need, Trescot wrote. There is no record that Yeh took precautions to ensure he was not feeding an addiction, she said.

The other victim, Fisher, was 29 when he died on Sept. 21, 2008, of an accidental overdose. Fisher, a fireplace installer, had been managing his shoulder pain with over-the-counter medication until he started seeing Buckwalter in September 2007. On his first visit, Buckwalter gave him 150 oxycodone tablets, 30 milligrams each, which Trescot said in court documents is five pills per day, each of a dose that's six times as potent as is typically prescribed after surgery.

"There was no conceivable medical reason to prescribe that huge dose of medicine for the conditions described in the medical record," Trescot wrote.

Records show that Buckwalter then increased the number of oxycodone tablets to 250 per month, and the escalation continued until the time of his death, when Buckwalter was prescribing daily eight tablets of 30-milligram oxycodone plus three 80-milligram OxyContin pills.

"It is impossible to conclude anything but that Dr. Buckwalter created an addiction for this patient," Trescot wrote after studying the records.

Jennifer Fisher said she was with her husband during some of his appointments with Buckwalter and he never physically examined him. Sometimes the doctor would just walk into the room and ask, "What do you need?" she said.

"There was a time when he asked Buckwalter for more Somas and he gave him a double dose for the month," she said.

Christopher Fisher knew the addiction was destroying his life and made an appointment at a rehabilitation facility, his widow said. There he was given a narcotics prescription to help stave off withdrawal until he could enter the facility. It's those pills that caused his overdose death. She blames Buckwalter because he created the addiction, she said.

Fisher is now raising the couple's two children alone.

The two families' lawsuits were prepared by Dallas attorney Kay Van Wey, who specializes in suing doctors who operate so-called "pill mills," practices where potentially dangerous narcotics are prescribed without regard to a patient's medical need or safety. She has filed lawsuits on behalf of other families of Buckwalter patients.

"These rogue doctors like Dr. Buckwalter and Dr. Yeh have reaped enormous profits by using their prescription pads as a printing press to make money," Van Wey said.

The original article can be read in its entirety at http://www.lasvegassun.com/news/2009/oct/14/widows-name-doctor-suits/.

Doctor Sued by Families of 3 Dead Patients

Tue, 28 Apr 2009 08:00:00 EST

By Marshall Allen
Las Vegas Sun
Tuesday, April 28, 2009, 2 a.m.

Buckwalter prescribed painkillers recklessly, the lawsuits allege
A Henderson physician who was linked by medical authorities to the deaths of eight patients after prescribing them narcotic painkillers has been sued by the families of three patients who died.

The lawsuits accuse Dr. Kevin Buckwalter of violating medical standards when he prescribed large doses of narcotic painkillers that contributed to their deaths.

Buckwalter was stripped of his license to prescribe controlled substances by the Nevada State Medical Examiners Board and the Drug Enforcement Administration after a Sun investigation linked his practice to multiple patient deaths. The oversight agencies linked Buckwalter to eight fatalities.

Buckwalter has stopped practicing medicine.

Maggie DeBaun, the mother of one of the victims, said she sued Buckwalter to bring public attention to prescription drug abuse.

"It's not just a local or a personal problem, it's an epidemic," said DeBaun, whose 26-year-old daughter, Andrea Duncan, died after an August 2005 accidental overdose of drugs prescribed by Buckwalter.

The Sun wrote about complaints against Buckwalter after reporting that Nevadans consume greater quantities of prescription narcotics per capita than residents of almost every other state - and the use has skyrocketed in the past decade. Experts say a primary part of the problem is doctors who are careless with their prescriptions, or who prescribe the drugs as a way to make money.

The allegations in the three lawsuits, filed Friday in District Court, mirror those published in the Sun, which reported in October on Buckwalter's treatment of the same three patients.

Buckwalter's brother, Bryce Buckwalter, who also serves as his attorney, said in an e-mail: "Dr. Buckwalter truly cares about each and every one of [his] patients, and as such, he is greatly saddened by the passing of these three individuals. However, Dr. Buckwalter is now being forced to defend himself, of which, he looks forward to having his day in court."

Duncan had come to Buckwalter in November 2004, with back and head injuries suffered in a car accident four years before. Over the next nine months Buckwalter prescribed her 2,130 tablets of oxycodone, the primary narcotic in the drug OxyContin, plus 1,200 pills of hydrocodone, the main ingredient in the drugs Vicodin and Lortab, the lawsuit said. In addition, she was prescribed more than 3,500 Xanax pills.

Buckwalter gave a deposition on Duncan's behalf in a lawsuit related to the car accident that caused her injuries. Under oath, he said he did not examine Duncan before prescribing her drugs, did not monitor the effects of the medication and did not tailor his treatment to the patient.

Dr. Andrea Trescot, a pain management specialist and professor at the University of Washington School of Medicine in Seattle who is serving as the plaintiffs' expert in all three cases, said Buckwalter's treatment of Duncan violated established standards of care. If Buckwalter had cared for her properly, "there is reasonable medical probability Andrea Duncan would not have died," Trescot wrote in her court declaration.

In a separate lawsuit, the family of Barbara Baile accuses Buckwalter of failing to address her constipation - a common side effect of narcotics - which led to her bowels being ruptured, causing the toxic infection of her body and death by sepsis. Baile, 69, died in April after being prescribed narcotics by Buckwalter for about four years. Her husband, Don Baile, said that his wife frequently complained to the doctor about abdominal pain and constipation, but that Buckwalter did not address the problem.

Trescot, who reviewed Baile's records, found that Buckwalter failed to monitor the effects of the drugs, kept inadequate records of the medications prescribed and did not assess the abdominal pain - acts and omissions that were "substantial contributing" factors to her death.

The third lawsuit was filed by the family of Staci Voyda, 19, who according to her journal saw Buckwalter in February 2007 for helpwith her OxyContin addiction. He put her on large doses of the anti-anxiety medication Xanax and methadone, a narcotic that can be used to help addicts withdrawing from other narcotics. The prescriptions continued until Voyda survived an accidental overdose of methadone on June 8, 2007.

Less than two weeks later, Buckwalter prescribed Voyda 100 doses of hydrocodone, which is highly addictive and frequently abused.

In the ensuing weeks, Voyda's family and friends said, she became totally withdrawn. Meanwhile, Buckwalter was prescribing her increasing doses of narcotic painkillers - including oxycodone, her narcotic of choice, starting July 29, 2007.

In a span of 11 days Buckwalter prescribed Voyda 310 oxycodone pills. On August 26 she killed herself.

The plaintiffs are represented by Kay Van Wey, a Dallas attorney who has filed complaints against doctors in other "pill mill" cases.

Van Wey said she is reviewing the cases of several other Buckwalter patients and that more lawsuits may be filed. The lawsuits seek unspecified damages.

The original article can be found in its entirety at http://www.lasvegassun.com/news/2009/apr/28/doctor-sued-families-3-dead-patients/.

Two Reporters Honored for Coverage of Health Care

Fri, 27 Mar 2009 08:00:00 EST

Las Vegas Sun
Friday, March 27, 2009, 2 a.m.

Sun reporters Marshall Allen and Alex Richards have won a national journalism award in a competition that recognizes excellence in the media's coverage of health care issues.

Allen was one of only two reporters in the country who have won recognition from the Association of Health Care Journalists in two consecutive years, and one of two to win two awards in this year's contest.

Last year, Allen took second place in the category best health care beat reporter in the country among all journalists. First place went to a reporter from The New York Times.

Allen and Richards were cited Thursday for their investigative work in identifying Nevada residents as the nation's highest users per capita of the narcotic painkiller hydrocodone - better known by the brand names Vicodin and Lortab - based on a computer analysis of a Drug Enforcement Administration database of controlled substances. Nevadans ranked fourth in the nation in consumption of methadone, morphine and oxycodone, they found.

Their series, "The New Addiction," included reports of patients' deaths from the use of prescription painkillers, and singled out one physician, Dr. Kevin Buckwalter, for his practice of prescribing narcotics without medical justification. Buckwalter has since been banned by state and federal authorities from prescribing controlled substances.

Allen's and Richards' work was awarded third place for overall health care reporting among medium-circulation U.S. newspapers. First and second places went to newspapers in Pittsburgh and Seattle.

Allen also won second place nationally among all newspapers in the category of best single health care story under 1,500 words for the story "Providers close doors to poor." The story showed how Medicaid cutbacks are a shortsighted way to save money because untreated patients cost hospitals more money in the long run.

First place in that category went to a reporter at the Los Angeles Times.

Other winners in this year's contest included reporters at The New York Times, The Wall Street Journal, The Boston Globe, the Dallas Morning News and Bloomberg News.

The original article can be read in its entirety at http://www.lasvegassun.com/news/2009/mar/27/two-reporters-honored-coverage-health-care/.

Overprescribing Drugs

Tue, 23 Dec 2008 08:00:00 EST

Editorial
Las Vegas Sun
Tuesday, Dec. 23, 2008, 2:03 a.m.

DEA takes appropriate action against Henderson doctor linked to eight deaths
Much of what the public knows about the Drug Enforcement Administration is captured on television and in the movies, where DEA agents are depicted going after cocaine suppliers and other seedy characters who smuggle illicit narcotics and peddle them on the streets. But the agency can play an equally valuable role by punishing health care professionals who overprescribe medication.

That was the case Thursday when the agency suspended Dr. Kevin Buckwalter, a Henderson physician, from prescribing controlled substances. The doctor's attorney, who is also his brother, said they will fight the suspension. But the agency alleged at least eight of the doctor's patients since 2005 have died of drug overdoses and that his activities constituted "an imminent danger to public health and safety."

The Las Vegas Sun began writing extensively about Buckwalter in September following investigative stories by Marshall Allen and Alex Richards into Nevada's status as one of the leading states in per capita consumption of narcotics. Nevada ranks first in the use of hydrocodone, which can be found in the painkillers Vicodin and Lortab.

Timothy Landrum, special agent in charge of the DEA's Los Angeles division, said in a statement obtained by Allen that more Americans abuse prescription drugs than cocaine, heroin, hallucinogens and inhalants combined.

We are glad to see the DEA took action against Buckwalter, who has also been found by the Nevada Medical Examiners Board in an ongoing investigation to have committed malpractice in four cases. We also agree with Dr. Andrea Trescot, a nationally known Florida pain specialist, who criticized the federal agency for taking so long to act against Buckwalter.

The original article can be read in its entirety at http://www.lasvegassun.com/news/2008/dec/23/overprescribing-drugs/.

Doctor Linked to 8 Overdose Fatalities

Fri, 19 Dec 2008 08:00:00 EST

By Marshall Allen
Las Vegas Sun
Friday, Dec. 19, 2008, 2 a.m.

DEA suspends Buckwalter's right to prescribe narcotics nationally
The Drug Enforcement Administration on Thursday stripped Dr. Kevin Buckwalter of his ability to prescribe controlled substances, alleging that at least eight of his patients since 2005 have died of overdoses.

The DEA said that allowing the Henderson physician to prescribe controlled substances "constitutes an imminent danger to public health and safety."

The suspension of Buckwalter's certificate of registration means he is not eligible to write prescriptions for controlled substances - including narcotics such as hydrocodone, methadone and oxycodone - anywhere in the country.

Timothy Landrum, DEA special agent in charge of its Los Angeles division, said in a statement about Buckwalter - the focus of a Sun investigation into overprescribed narcotics - that more Americans abuse prescription drugs than cocaine, heroin, hallucinogens and inhalants combined.

"Unfortunately, there are a few doctors using their position of trust in our communities to prey on those who are vulnerable to the abuse of these drugs," Landrum said.

Bryce Buckwalter, the doctor's brother and attorney, said Thursday evening in an e-mail that the DEA actions were unjustified and "the direct result of political influences within the State of Nevada ... We are confident we will be able to have the suspension lifted by the DEA."

Kevin Buckwalter is being investigated for allegedly failing to properly examine patients and assess their need for drugs, prescribing excessive amounts of drugs and failing to properly monitor the use of controlled substances prescribed, the DEA said.

The DEA, which investigates cases for possible civil or criminal prosecution, would not comment further on its investigation. Buckwalter, a family physician and pediatrician whose records show he prescribed large doses of narcotics to some patients, will be able to appeal the DEA's decision in an administrative hearing, possibly in February, officials said.

Buckwalter has been the subject of a months-long Sun investigation that included interviews with dozens of his former patients, former employees and families of loved ones who died while under his care. Four medical experts who reviewed patient records at the Sun's request - with the permission of the patients or their families - concluded that Buckwalter prescribed alarmingly high amounts of narcotics and Xanax, with virtually no medical documentation, which contributed to the deaths of at least three patients.

The Nevada Medical Examiners Board has determined in its own investigation, which is ongoing, that Buckwalter committed malpractice in four cases, including one in which "excessive" doses of narcotics led to a patient's death. On Nov. 13, the medical board and Nevada Pharmacy Board suspended the doctor's license to prescribe controlled substances in the state. He subsequently sold his practice.

"This is getting bigger and bigger," Dr. Andrea Trescot said of the DEA's announcement about the eight patient deaths.

Trescot, a nationally known pain specialist who reviewed patient records on behalf of the Sun, said overdose deaths occur with even the best doctors. But they are rare occurrences, she added, saying three of her patients have died of accidental overdoses in about 15 years.

Trescot praised the DEA for taking action, but criticized the agency for taking so long. Sometimes the DEA hounds a doctor after one patient dies, but in this case there were many deaths and the DEA was slow to respond, Trescot said.

Dr. David Kloth, a past president of the American Society of Intervention Pain Physicians, who also reviewed records at the Sun's request, said he has not seen enough evidence to determine whether Buckwalter's behavior was criminal.

"I think he's just not a good doctor," Kloth said. "He's poorly trained and operating way beyond his level of expertise."

Kloth said that if allegations of criminal negligence are going to be directed at Buckwalter, they could also apply to the DEA and the Nevada medical board - which did not discipline him in 2005 after a complaint related to a patient death.

"Maybe the medical board in Nevada is criminally negligent for not stripping him of his license earlier," Kloth said.

Kay Van Wey, a Dallas attorney who is representing the families of three people who died while under Buckwalter's care, said she intends to discover what the medical board members knew, when they knew it and what they did about it.

Acting on patient complaints, the Sun investigated Buckwalter after the newspaper's analysis of the DEA's controlled substances database showed that Nevadans consume more narcotics per capita than residents of almost any other state.

Nevadans rank first in the country in per capita consumption of hydrocodone, the main ingredient in the drugs Vicodin and Lortab, and fourth in consumption of methadone, morphine and oxycodone, the primary ingredient in OxyContin.

The Sun also found that Clark County's prescription drug deaths now outnumber those from all illicit drugs combined. Experts say doctors who overprescribe narcotics contribute to the crisis.

The original article can be read in its entirety at http://www.lasvegassun.com/news/2008/dec/19/doctor-linked-8-overdose-fatalities/.

Another Doctor Loses His Right to Prescribe

Wed, 03 Dec 2008 08:00:00 EST

By Marshall Allen
Las Vegas Sun
Wednesday, Dec. 3, 2008, 2 a.m.

Psychiatrist, 81, can no longer provide patients access to controlled substances
The Nevada State Medical Examiners Board has stripped a Las Vegas psychiatrist of his license to prescribe controlled substances because the drugs he prescribed to a Kentucky woman may have contributed to her suicide.

The medical board took the action against Dr. Randall Foster at an emergency meeting Monday because he "presents an unacceptable risk to the citizens of Nevada," documents show. Authorities are continuing to investigate other patient complaints about the doctor.

Foster, who is 81 years old and has been licensed in Nevada since 1978, was operating more as a pain specialist than a psychiatrist, according to a complaint filed against him with the medical board.

Foster declined to comment to the Sun.

In the case of the Kentucky patient, Foster allegedly performed only one "limited" examination during the six years he prescribed her opiates for her pain, the complaint said.

He is accused of continuing to prescribe her drugs after she wrote him a letter saying she was struggling with addiction and was taking the medications only to avoid withdrawal symptoms, the complaint said.

The woman later killed herself. The complaint does not say when or how she died.

"(The patient's) addiction likely contributed to (her) overall dissatisfaction with her life and may have contributed to her committing suicide," the complaint said.

Medical board officials said Foster did not keep regular office hours and patients had to call him at home to make an appointment. No more details can be discussed until the investigation is complete, officials said.

The medical board documents do not name the specific drugs Foster was prescribing. But the opiate family includes narcotic painkillers such as oxycodone, the main ingredient in OxyContin and hydrocodone, which goes by the brand names Vicodin and Lortab.

A Sun analysis this year found that Nevadans consume about twice the national average of several prescription painkillers, making us among the most narcotic-addled populations in the United States. The consequences are deadly. More people in Clark County die of prescription narcotics overdoses than of overdoses of illicit drugs or from vehicle accidents.

In 2006, Nevadans were the No. 1 users per capita of hydrocodone - better-known by the brand names Vicodin and Lortab. Nevada is ranked fourth in the nation for methadone, morphine and oxycodone use per person, the Sun analysis found.

Experts say the state is in the midst of a prescription drug crisis, and part of the problem is doctors and other providers who recklessly prescribe the drugs.

On Nov. 13, the medical board suspended Henderson family physician Dr. Kevin Buckwalter's license to prescribe controlled substances after a review of his records found four cases of malpractice, including one in which "excessive" doses of narcotics contributed to a patient's death.

The medical board's action against Buckwalter came two months after the Sun published the first story in a months-long investigation of Buckwalter's practice. The Sun found the doctor had been prescribing narcotics and the anti-anxiety drug Xanax in alarmingly large amounts.

Experts who reviewed Buckwalter's medical records - with the permission of patients and their families - told the Sun his prescription habits contributed to three deaths and one overdose.

Louis Ling, executive director of the medical board, said the scope of the wrongful prescribing is unknown. State authorities generally investigate a doctor's history of prescribing only if it is triggered by a patient's complaint, he said.

He said the board's recent actions against Buckwalter and Foster are indicative of how the state is investigating the overprescribing of narcotic medicines while respecting the legitimate care of patients who suffer from pain.

The medical board complaint against Foster includes four patients, but three cases are still being investigated, Ling said.

The complaint accuses Foster of three counts of wrongdoing: malpractice, failure to maintain adequate medical records and failure to follow the pain management guidelines set by the Federation of State Medical Boards. Those guidelines state that doctors must perform examinations, measure the success of their treatment and monitor them to ensure they're not abusing the drugs.

The original article can be read in its entirety at http://www.lasvegassun.com/news/2008/dec/03/another-doctor-loses-his-right-prescribe/.

License to Prescribe Lost, Practice Sold

Tue, 25 Nov 2008 08:00:00 EST

By Marshall Allen
Las Vegas Sun
Tuesday, Nov. 25, 2008, 2 a.m.

State officials want to know where Buckwalter is, but say his lawyer isn't telling
A Henderson physician whose license to prescribe controlled substances was yanked by state authorities has abruptly sold his business, leaving his 1,500 patients in the hands of a new medical group.

Dr. Kevin Buckwalter, a family physician and pediatrician who has been the subject of a Sun investigation, sold his practice to Summit Medical Group last week - one business day after he lost his license to prescribe controlled substances - officials said.

Louis Ling, executive director of the Nevada State Medical Board, said he learned late last week that Buckwalter had sold his practice, after a Buckwalter patient called the board, complaining of difficulty getting medical records.

Ling said his office wants to know where Buckwalter is - and that his attorney, who is Buckwalter's brother, isn't saying.

If Buckwalter plans to continue practicing in Nevada, he must notify the medical board of his whereabouts within 15 days of when he left his clinic, on Nov. 17.

The medical board's action against Buckwalter came two months after the Sun published the first story in a months-long investigation of Buckwalter's practice. The Sun found the doctor had been prescribing in alarmingly large amounts narcotics such as hydrocodone, the main ingredient in Vicodin and Lortab; oxycodone, the main ingredient in OxyContin; and the anti-anxiety drug Xanax.

Experts who reviewed Buckwalter medical records - with the permission of patients and their families - told the Sun his prescription habits contributed to three deaths and one overdose.

In its own investigation, the Medical Board said it found four alleged cases of medical malpractice, including one that led to a patient's death. In that case, Buckwalter prescribed "excessive" doses of the narcotic painkillers OxyContin and Kadian in 2004 and 2005, documents show.

In the three other cases, Buckwalter's records show no evaluation of the patients' responses to medications, no explanations for why patients were given maximum allowable doses and few records related to treatment outcomes or justification of increased controlled substance prescriptions, the medical board complaint said.

Don Baile, whose wife of 50 years died in April while under Buckwalter's care, said he was relieved to hear the doctor is out of business, but suspicious about his reasons for shutting down his office. He said he wonders if Buckwalter is running away from the medical board, which is still investigating him after it summarily suspended his license to prescribe controlled substances on Nov. 13. The Drug Enforcement Administration also is investigating his practice. Baile said he is planning to sue Buckwalter and hopes he can never practice again.

Buckwalter's clinic is now being operated by a physician who works for Summit, a Las Vegas group owned by California-based HealthCare Partners.

Patient records are now available for anyone who wants them, though Summit Medical Group's plan is to continue seeing the same patients, a spokesman for the medical group said.

Bryce Buckwalter, the physician's attorney and brother, said in an e-mail to the Sun that his brother is not fleeing the medical board or the state, and that he is offended that anyone would make such allegations.

"We plan on vigorously defending all of (the) claims made by the state and are looking forward to our hearing," Buckwalter wrote.

After the medical board reviews more patient records, its complaint may be amended to include more charges against Buckwalter, officials said. At that time, a hearing will be scheduled.

The original article can be read in its entirety at http://www.lasvegassun.com/news/2008/nov/25/license-prescribe-lost-doctor-sells-out/.

Doctor Finally Disciplined

Sat, 15 Nov 2008 08:00:00 EST

Editorial
Las Vegas Sun
Saturday, Nov. 15, 2008, 2:07 a.m.

State medical board takes action, albeit late, in prescription drug case
A Henderson doctor whose history of writing prescriptions for staggering amounts of pills was documented in September by the Las Vegas Sun was finally disciplined Thursday.

The Nevada Medical Examiners Board stripped Dr. Kevin Buckwalter of his license to prescribe controlled substances. The board, which built its case against the doctor by examining patient records that were not mentioned in the Sun's stories, alleged four cases of malpractice.

Following the medical board's action, the Nevada State Pharmacy Board notified every drugstore in the state not to fill prescriptions for controlled substances written by Buckwalter.

Both boards acted properly Thursday. It is unfortunate, though, that the action took so long.

Authorities were alerted to Buckwalter in 2005 when the parents of a 26-year-old woman filed a complaint after she died of an overdose of drugs he prescribed. Although Buckwalter had been prescribing the woman more than 150 painkillers a month, and up to 300 extra-strength anxiety pills at a time, the medical board ruled there was no evidence of wrongdoing.

Sun reporter Marshall Allen began writing about Buckwalter in September. Using medical records provided by former Buckwalter patients or their families, Allen documented highly questionable prescriptions written by the doctor, including those that could be linked to three deaths.

Before Allen's stories were published, four experts on prescription drugs, contacted by the Sun, reviewed the records. All expressed grave concern. For example, Dr. David Kloth, a prominent Connecticut physician, said it was stunning that the board had not disciplined Buckwalter. Dr. Andrea Trescot, a nationally known Florida specialist, told the Sun, "He (Buckwalter) needs to have an emergency revocation of his license."

Also, Nevada Assemblywoman Sheila Leslie, D-Reno, chairwoman of the Legislative Health Care Committee, told the Sun the Buckwalter situation reveals major flaws in Nevada's system of overseeing doctors.

The Buckwalter case should motivate the 2009 Legislature to hold hearings on the medical board and write new laws that would require it to act quickly when evidence of malpractice is so strong.

The original article can be read in its entirety at http://www.lasvegassun.com/news/2008/nov/15/doctor-finally-disciplined/.

Doctor Loses License to Prescribe

Fri, 14 Nov 2008 08:00:00 EST

By Marshall Allen
Las Vegas Sun
Friday, Nov. 14, 2008, 2 a.m.

Officials find malpractice, including case in which narcotics had hand in death
Saying they were frustrated by how long their investigation took, medical board officials on Thursday stripped Dr. Kevin Buckwalter of his license to prescribe controlled substances after a review of his records found four cases of malpractice, including one where "excessive" doses of narcotics contributed to a patient's death.

Family members of patients who died while under Buckwalter's care say they are relieved by the action, but that it's too little, too late.

"I think he's a menace to society in general and should never be able to practice medicine again," said Don Baile, whose wife, Barbara, died from side effects of narcotic medicines prescribed by Buckwalter, according to experts who reviewed her records.

The Sun reported in September and October the stories of four patients who died or overdosed on narcotics while under Buckwalter's care. Experts who reviewed the records in each case called Buckwalter reckless and negligent and said he should not be practicing medicine.

Louis Ling, executive director of the Nevada State Medical Examiners Board, said the probe into the Henderson physician's prescribing habits highlights the need to change the investigation process so it's "more responsive and more timely." The board will discuss possible legislative changes at its December meetings, he said.

"We'd like to find a way to make this faster," Ling said.

Ling would not say how long the Buckwalter investigation has taken, but said it went as fast as it could have given current state laws and the fact that multiple agencies were involved. Sources have told the Sun the Drug Enforcement Administration is also investigating Buckwalter, but the agency will not comment.

Dr. Jerry Calvanese, an emergency medicine physician in Reno, reviewed on behalf of the medical board the four patient files. They were not the same cases reported by Sun. He wrote in an affidavit that the "vast majority of records include essentially no physical exam" and that there are concerns Buckwalter has administered inappropriate narcotic shots in his office without taking proper precautions to protect patients. He called Buckwalter's records "vague, haphazard and illegible," and not up to expected standards.

In the case of the patient who died, Buckwalter prescribed "excessive" doses of the narcotic painkillers OxyContin and Kadian in 2004 and 2005, documents show.

In the three other cases, Buckwalter's records show no evaluation of the patients' response to medications, no explanation for why patients were given maximum allowable doses and few records related to treatment outcomes or justification of increased controlled substance prescriptions, the medical board complaint said.

During an emergency meeting Thursday the medical board summarily suspended Buckwalter's license to prescribe drugs such as Xanax, an anti-anxiety medication; hydrocodone, the narcotic in the brand name drugs Vicodin and Lortab; and oxycodone, the primary ingredient in OxyContin.

Buckwalter is charged with one count each of malpractice, failure to maintain adequate and complete medical records and writing prescriptions for controlled substances in an illegal manner. Ling said the investigation is ongoing and that a hearing will be scheduled in the future.

If Buckwalter is found guilty, discipline could include probation, a public reprimand, fines or the suspension or revocation of his license to practice medicine, according to state law.

"At least the effect of this order is that he cannot cause any more potential harm with his controlled substance prescribing," Ling said.

Buckwalter was served with the decision Thursday morning. Bryce Buckwalter, the doctor's brother who also serves as his attorney, told the Sun late Thursday in an e-mail: "I must demand that you not print any further articles, including the one set to run (today). If you decide to go ahead and print the article, our response is that we still believe that his treatment and care of all his patients was reasonable and appropriate given the symptoms that were presented. We believe that the suspension was improper and we will be seeking the assistance of the court in trying to have the suspension lifted."

The Nevada State Pharmacy Board also suspended Buckwalter's license to prescribe controlled substances as a result of the medical board's action. A fax was sent Thursday to all pharmacies in Nevada notifying them not to fill any prescriptions by Buckwalter for controlled substances.

Buckwalter attended medical school at Ross University in the West Indies and in 1997 was licensed to practice pediatrics and family medicine in Nevada. Three former employees described him to the Sun as a kindhearted but incompetent doctor who continued prescribing drugs to patients even when he was informed they were drug addicts or drug dealers, or had overdosed from the medications. He thought he was helping people, they said, but he also must have been making money because, they said, he saw as many as 80 patients a day.

Family members of patients who died while under Buckwalter's care said the medical board should have summarily suspended his license to practice - and that the medical board could have saved lives by taking action after a 2005 complaint.

In 2005, newlyweds Clint and Andrea Duncan died within days of their first anniversary after overdoses on narcotics and Xanax prescribed by Buckwalter. Andrea Duncan's father, John DeBaun, filed a complaint with the medical board. The board said it found no evidence of wrongdoing by the doctor. Buckwalter has no record of being disciplined.

In 2007 Buckwalter said in a sworn deposition - given on behalf of Andrea Duncan in an unrelated lawsuit - that he did not examine her, did not order her records from other doctors and gave her large quantities of controlled substances because she asked for them. Experts say the deposition showed a stunning disregard for quality patient care.

DeBaun sent a letter to the medical board in May, urging investigators to reopen the case against Buckwalter based on his sworn deposition. Medical board officials declined, saying they had an open investigation.

Since the 2005 complaint, two cases have been reviewed by experts on behalf of the Sun. They said Buckwalter's actions contributed to patient deaths.

Barbara Baile, 69, was prescribed heavy doses of narcotics by Buckwalter to treat her hip and back pain. Records show that a side effect of the drug, constipation, caused her bowels to rupture, poisoning her body. She died in April from sepsis. Her husband, Don Baile, told the Sun he sat in on every appointment with Buckwalter and though his wife complained of constipation the doctor offered no remedy other than over-the-counter options. Experts who reviewed the case said Buckwalter should have removed the blockage manually or prescribed a drug to treat the constipation.

The medical board has not even scratched the surface with its actions against Buckwalter, Don Baile said. Buckwalter seems friendly, Baile said, "but when it comes down to it, what really lurks beneath is a dangerous person."

Staci Voyda's mother thinks her daughter would still be alive if the medical board had taken action sooner. In an 11-day period in August, Buckwalter prescribed 310 oxycodone pills to Voyda, a drug addict whose drug of choice was OxyContin. Two weeks later, Voyda put a gun to her head and killed herself. Her family says Buckwalter fueled Voyda's addiction, contributing to her death.

Rene Kulon, Voyda's mother, said she was relieved Buckwalter can no longer prescribe the narcotic medicines, but hurt that her daughter was his "last victim."

The suspension of Buckwalter's license "could have happened before Staci even got a chance to walk into his office," Kulon said. "It makes me angry they didn't pursue this and get this doctor off the streets long ago."

Dr. David Kloth, a Connecticut specialist and a past president of the American Society of Interventional Pain Physicians, is one of four doctors who reviewed Buckwalter's patient records with the families' permission on behalf of the Sun. He said there is "no question" the Andrea Duncan file showed that Buckwalter's prescribing habits were "atypical and dangerous."

"I don't know why the medical board did not pursue it more rigorously at that juncture," Kloth said.

Kloth said Thursday's action by the medical board seems appropriate because all the cases he's seen show an inability to prescribe controlled substances. Plus, he said, medical boards need to exercise caution to ensure they don't act prematurely or without sufficient evidence.

Kloth predicted there will be more action by authorities soon.

"You have not heard the last of this from the state or the DEA," Kloth said. "It would not be surprising if criminal charges are brought at some point."

The original article can be read in its entirety at http://www.lasvegassun.com/news/2008/nov/14/doctor-loses-license-prescribe/.

Board Strips Doctor of License to Prescribe Controlled Substances

Thu, 13 Nov 2008 08:00:00 EST

By Marshall Allen
Las Vegas Sun
Thursday, Nov. 13, 2008, 12:21 p.m.

Buckwalter was served with the decision after an emergency meeting
Nevada health authorities this morning stripped Dr. Kevin Buckwalter of his license to prescribe controlled substances, alleging four cases of malpractice, including one patient death due to excessive prescribing of narcotics.

The Nevada Board of Medical Examiners found that Buckwalter's records were incomplete and did not justify the quantities of controlled substances he was prescribing to the patients. In the case of the patient death, Buckwalter prescribed "excessive" doses of the narcotic painkillers OxyContin and Kadian in 2004 and 2005, documents show.

The Las Vegas Sun has previously reported the cases of four other Buckwalter patients who were given prescriptions by the Henderson doctor that lead to their overdoses or deaths. Experts who reviewed the patients' records on behalf of the Sun said Buckwalter was negligent, committed malpractice and should lose his medical license.

During an emergency meeting Thursday, the board summarily suspended Buckwalter's license to prescribe drugs like Xanax, an anti-anxiety medication; hydrocodone, the narcotic in the brand name drugs Vicodin and Lortab and oxycodone, the primary ingredient in OxyContin.

Buckwalter was served with the decision this morning. His attorney has not responded to requests for comment.

The Nevada State Pharmacy Board also suspended Buckwalter's license to prescribe controlled substances as a result of the medical board's action. A fax was sent to all pharmacies in Nevada notifying them not to fill any prescriptions by Buckwalter for controlled substances.

Dr. Jerry Calvanese, an emergency medicine physician in Reno, reviewed Buckwalter's records and wrote in an affidavit to state authorities that the "vast majority of records include essentially no physical exam" and that there are concerns Buckwalter has administered inappropriate narcotic shots in his office without taking proper precautions to protect patients. He called Buckwalter's records "vague, haphazard and illegible," and not up to expected standards.

The families of patients who died while under Buckwalter's care expressed relief that the medical board had taken action, along with a critique that nothing was done sooner. Complaints about Buckwalter were sent to the medical board as far back as 2005, the Sun found in its investigation.

In some cases, lives might have been saved by prompt medical board action, family members say. In an 11-day period in August, Buckwalter prescribed 310 oxycodone pills to Staci Voyda, a drug addict whose drug of choice was OxyContin. Two weeks later, Voyda put a gun to her head and killed herself.

Her family says Buckwalter fueled Voyda's addiction, contributing to her death.

Rene Kulon, Voyda's mother, said this morning she was relieved Buckwalter can no longer prescribe the narcotic medicines, but hurt that her daughter was his "last victim."

The suspension of Buckwalter's license "could have happened before Staci even got a chance to walk into his office," Kulon said. "It makes me angry they didn't pursue this and get this doctor off the streets long ago."

Buckwalter went to medical school at Ross University in the West Indies and was licensed to practice pediatrics and family medicine in Nevada in 1997.

Three of his former employees who spoke to the Sun described him as a kind-hearted but incompetent doctor who continued prescribing drugs to patients even when he was informed they were drug addicts, drug dealers or had overdosed from the medications.

The cases that led to the medical board's suspension Thursday do not include patients who were included in the Sun's reports. Several of the families of patients whose cases were examined by the Sun have filed complaints that are now being investigated by the medical board.

The Drug Enforcement Administration also has an ongoing investigation into Buckwalter's prescribing habits, sources tell the Sun.

The Sun documented in September and October what experts who reviewed the cases called Buckwalter's reckless and negligent pattern of prescribing drugs.

-- Buckwalter prescribed Michael Hammond, a Las Vegas business executive, more than 17,000 narcotic painkillers in 3 1/2 years, even after Hammond had overdosed on the pills.

-- Barbara Baile, 69, was prescribed heavy doses of narcotics by Buckwalter to treat her hip and back pain. Records show that a side effect of the drug, constipation, caused her bowels to rupture, poisoning her body. She died in April after an agonizing battle with sepsis. Her husband Don Baile told the Sun that he sat in on every appointment with Buckwalter and though his wife complained of constipation the doctor offered no remedy other than over-the-counter options. Experts who reviewed the case said Buckwalter should have removed the blockage manually or prescribed a drug to treat the constipation.

-- Clint and Andrea Duncan, a newlywed couple, both died within days of their first anniversary in 2005 as a result of overdoses caused by drugs prescribed by Buckwalter. Buckwalter said in a sworn deposition -- given on behalf of Andrea Duncan in an unrelated lawsuit -- that he did not examine her, did not order her records from other doctors and gave her large quantities of controlled substances because she asked for them.

Marshall Allen can be reached at 259-2330 or at marshall.allen@lasvegassun.com.

The original article can be read in its entirety at http://www.lasvegassun.com/news/2008/nov/13/board-strips-doctor-license-prescribe-controlled-s/.

Legally, Doctor is Under No Limits

Tue, 21 Oct 2008 08:00:00 EST

By Marshall Allen
Las Vegas Sun
Tuesday, Oct. 21, 2008, 2 a.m.

License still in force, Buckwalter can see patients, give access to narcotics
Despite the deaths of three patients and numerous examples of alleged prescription drug malpractice, Dr. Kevin Buckwalter is still allowed to see patients in Nevada.

Investigations of Buckwalter are continuing, but the Nevada State Medical Examiners Board has not suspended his license or taken any steps to force him to curtail his prescribing of large quantities of narcotic painkillers. The lack of action is coupled with regulations that prevent pharmacists from refusing to fill suspicious prescriptions.

The situation reveals major flaws in the state system of overseeing doctors, said Assemblywoman Sheila Leslie, D-Reno, chairwoman of the Legislative Health Care Committee.

Nevada's "medical regulatory system has to be entirely reformed," Leslie said.

Pharmacists should have complained about Buckwalter to the Medical Examiners Board long ago, Leslie said. And the medical board's failure to take action shows a clear "disconnect between the medical board and what's happening on the streets," she said. The board has the authority to summarily suspend the license of a doctor who is putting patients in imminent harm.

"They can't seem to intervene to stop the bad doctors from literally killing people," Leslie said of the medical board.

Dr. Andrea Trescot, a Florida pain specialist who reviewed the cases of four Buckwalter patients at the request of the Las Vegas Sun, said the medical board has already waited too long.

"The guy's license needs to be pulled now," Trescot said. "He needs to have an emergency revocation of his license."

The Sun reported last week that four medical doctors said Buckwalter's prescriptions apparently contributed to the deaths of three patients whose records they reviewed. Buckwalter said in a sworn deposition that he performed no physical examination of one of the patients who overdosed and died, and gave her large quantities of drugs because she asked for them.

The Sun reported a month ago that Buckwalter prescribed thousands of narcotic painkillers to a self-admitted drug addict with no questions asked and no examinations performed, even after the man's overdose on the pills.

The Sun has confirmed that the medical board is investigating Buckwalter.

Louis Ling, the board's executive director, said state regulations preclude him from commenting on ongoing investigations, but he said the silence should not be interpreted as a lack of action.

Generally speaking, the threshold for the medical board to determine the incompetence of a physician is much higher than it is for the Sun to publish stories, he said. And doctors are well known for suing to maintain their licenses, he said.

"The medical board can take away their license, ruin their ability to make a living," Ling said. "If that is appropriate, we want to make sure it is done in a legally supportive way."

The Drug Enforcement Administration is also investigating Buckwalter, the Sun has confirmed. The agency will not comment on the case.

Buckwalter did not respond to requests to comment for this story.

Health care regulators primarily depend on patients or health care professionals to complain when they think something is wrong. In Buckwalter's case, only one known complaint existed before the Sun's investigation. In recent weeks, a half-dozen more have been lodged with various agencies.

In some instances, such as the case of Michael Hammond, it seems pharmacists should have known better than to fill prescriptions for large quantities of pills for Buckwalter patients.

Hammond, a businessman and self-described drug addict, told the Sun in September that Buckwalter prescribed him narcotics with no questions asked and no examinations required. In just more than two years, Hammond filled prescriptions for 13,760 narcotic pain pills at Evergreen Drugs & More in Henderson - an average of 510 a month.

In May, June and July 2007, records show, pharmacists at Evergreen Drugs filled narcotics prescriptions for Hammond of 1,020, 1,020 and 1,170 pills.

The pharmacist at Evergreen Drugs, an independent store near St. Rose Dominican Hospital-Sienna, refused to give his name when the Sun reached him on the phone. The pharmacist was asked why he continued filling Buckwalter's prescriptions, and said there is no way for him to know the medical condition of a patient who presents him with prescriptions. Then he hung up.

Nevada State Pharmacy Board officials said state regulations sometimes put pharmacists in a difficult position, even when they're asked to fill prescriptions for unjustifiably large quantities of potentially dangerous drugs.

In some legitimate cases, patients need extremely large quantities of painkillers on a monthly basis, the pharmacists said. Pharmacists do not have a patient's medical records and do not conduct physical examinations, so it's difficult to refuse prescriptions that appear to be legitimate.

Leo Basch, a pharmacist who sits on Nevada's pharmacy board, said he's heard from at least a half-dozen pharmacists who have questioned the quantities of controlled substances prescribed by Buckwalter. But pharmacists are allowed to deny a prescription only if they think it's fraudulent, if they think it's going to hurt the patient or if there's no legitimate medical purpose for the drugs, the regulations state.

Some suspicious pharmacists did call Buckwalter to verify the prescriptions, regulators said, but the doctor said they were valid and should be filled. And without knowing the patient's medical history, it was difficult to say there's no medical need for the drugs, the regulators said.

Nevada's controlled substances database - which tracks the details of every narcotics prescription in the state - is also of limited use in monitoring doctors. The database's purpose is to identify drug addicts who shop for drugs by visiting multiple doctors. Larry Pinson, a pharmacist and executive director of the Nevada pharmacy board, pointed out the regulations that say the database must not infringe on the legal use of controlled substances to treat pain, which could be the case if regulators used the data to police those who prescribe narcotics.

The regulations also say the pharmacy board "shall report any activity it reasonably suspects may be fraudulent or illegal" to the appropriate authorities. This never happened in Buckwalter's case, Pinson said, because the prescriptions were legitimate and it's hard to reasonably suspect they were illegal. The use of the drugs may have constituted malpractice, Pinson said, but that would be for the medical board to investigate.

The pharmacists did take the only action they could to monitor Buckwalter, regulators said.

Ling, the medical board's executive director, may have the most behind-the-scenes knowledge of the situation. Before August, he was the pharmacy board's general counsel.

Ling said pharmacists started complaining about Buckwalter - and other doctors - after the Sun published an analysis of DEA drug consumption data in July. The Sun found that Nevada has a prescription narcotics crisis. Nevadans rank No. 1 nationally in per capita consumption of hydrocodone, commonly known as Lortab or Vicodin, and fourth for consumption of methadone, morphine and oxycodone, the primary ingredient in the often-abused drug OxyContin.

"After those stories ran, people were seeing in a macro view what many knew to be true in their personal views - there are an awful lot of controlled substances being misused in Las Vegas," Ling said.

Pharmacists started calling the pharmacy board saying: "I'm getting all these crazy scripts for Dr. Buckwalter," Ling said.

Pinson said Buckwalter's license to prescribe controlled substances is issued by the pharmacy board, but it's contingent on his license to practice medicine, which is granted by the medical board. Therefore, the medical board has jurisdiction, he said.

After the pharmacists complained, the pharmacy board sent a complaint to the medical board, which already had an open investigation on the doctor, Ling said.

Sun reporter Alex Richards contributed to this story.

The original article can be read in its entirety at http://www.lasvegassun.com/news/2008/oct/21/legally-doctor-under-no-limits/.

Dr. Buckwalter, In His Own Words

Wed, 15 Oct 2008 08:00:00 EST

By Justin M. Bowen
Las Vegas Sun
Wednesday, Oct. 15, 2008, 2 a.m.

A Deposition of Dr. Buckwalter:

The original video can be viewed in its entirety at http://www.lasvegassun.com/videos/2008/oct/15/910/.

Patient's Husband Remembers Her Wry Humor, Last Pain-Filled Weeks

Wed, 15 Oct 2008 08:00:00 EST

By Marshall Allen
Las Vegas Sun
Wednesday, Oct. 15, 2008, 2 a.m.

Barbara Baile's death was both agonizing and avoidable, leaving her husband of 50 years painfully lonely.

Don Baile remembers her wry humor, the joy of traveling together and how, during a brutal winter in Montana, she gave every coat in their house to a needy family.

She wouldn't be dead, Baile said, if only Dr. Kevin Buckwalter had properly addressed a side effect - constipation - of the narcotic pain medicines he was prescribing to his wife.

Barbara Baile, 69, started seeing Buckwalter in April 2004, complaining of pain in her hips and back. What Buckwalter did for her is unclear. In her medical file, he did not detail her medical history or a treatment plan or list the drugs he was prescribing her or their effectiveness.

Buckwalter declined to comment for this story.

Pharmacy records show Buckwalter put her on heavy doses of narcotics and other medications, a regimen that continued until she died. Buckwalter prescribed hydrocodone, oxycodone, fentanyl patches and many more drugs, records show. Don Baile says she was disabled for the final four years of her life, addicted to narcotics, bedridden, and living in constant pain from sore hips.

Dr. Andrea Trescot, a pain specialist in Florida, said any doctor who prescribes narcotics must monitor for constipation, one of the most common side effects of the drugs. Remedies start with over-the-counter options but may include prescription drugs and a rectal exam and manual removal of the blockage, she said.

Baile says his wife suffered from constipation the whole time Buckwalter was prescribing her narcotics. Sometimes she would go for two weeks without moving her bowels, he said. Baile said his wife complained many times to Buckwalter about the constipation. Baile said Buckwalter never explained that Barbara's constipation could be caused by the narcotics.

If Buckwalter had monitored for constipation, as Trescot says is required of doctors, it would not have mattered whether she complained. But Baile said he does not remember Buckwalter's ever examining his wife or offering any prescription remedy to soften her stool and move her bowels. Buckwalter merely suggested the over-the-counter treatments that she was already using, Baile said.

The problem reached a crisis in February. Barbara had not moved her bowels in more than three weeks. Frantic, Don bought everything he could at the drugstore. Nothing worked.

"I'm not trying to say that I shouldn't have been smarter than I was," Don Baile explains. "I loved her. When I saw her in pain - she'd get these tears in her big blue eyes - I'd run all over the world to get her something to take it all away."

On Feb. 10, recognizing she was addicted to narcotics, Barbara Baile - in horrible pain from the constipation - entered a detox facility. On her first night in rehab, Barbara's bowels ruptured and she was rushed to the hospital. In the ensuing weeks, doctors performed multiple surgeries in unsuccessful efforts to clean her body of massive amounts of fecal contamination and repair her intestines. Baile's body was poisoning itself. After an agonizing 10 weeks fighting sepsis, she died April 27. Don Baile blames Buckwalter.

"He should not even be allowed to practice medicine," Baile said. "I don't think he even knew what to do for Barbara. I don't think he took it seriously."

Experts who reviewed Baile's medical records say Buckwalter's charts are so inconsistent and incomplete that they do not mention complaints of constipation.

"These are just horrible, horrible, horrible records," Trescot said. "Medicare requires so much more than this. I don't know of any insurance company that would have accepted these as records."

The fact that Buckwalter didn't address the constipation issue could constitute malpractice, said Trescot and three other experts who reviewed the records.

Baile is consumed with guilt over his wife's death. He questions why he did not know better, and why he never took his wife to another doctor until it was too late.

"The last sound I ever heard her make was screaming when I walked out of that hospital and that's a terrible thing I have to live with," he said.

The original article can be read in its entirety at http://www.lasvegassun.com/news/2008/oct/15/her-husband-remembers-her-wry-humor-last-pain-fill/.

Her Outlook Darkened as Her Addiction Deepened, Journal Details

Wed, 15 Oct 2008 08:00:00 EST

By Marshall Allen
Las Vegas Sun
Wednesday, Oct. 15, 2008, 2 a.m.

Staci Voyda's journal is a stark look into prescription narcotic addiction.

And her medical records show the ease with which she obtained narcotics from Dr. Kevin Buckwalter.

"Yesterday I went to see a doctor about my drug addiction," Voyda wrote on Feb. 24, 2007, the day after her first visit to Buckwalter. "I got myself hooked on OC. But I saw that I had a problem and I went to get help. The doctor gave me two prescriptions and one that he gave me makes me depressed. When Jonathan came home last night we got into a fight because I did some things he told me not to."

Buckwalter's medical records from Voyda's initial visit do not indicate her addiction to OxyContin, which many addicts crush into powder and snort. Her prescription records show that on that visit he prescribed her 120 doses of clonazepam, an anti-anxiety drug similar to Xanax, and 90 doses of methadone, a narcotic that can be used as a pain reliever or to reduce withdrawal symptoms for people addicted to other narcotics.

The Jonathan named in Voyda's journal, her boyfriend, was reached by the Sun on his cell phone. He promised to call back but has not.

Some of Voyda's family members and friends were addicts, and it's clear in hindsight that she was also hooked on painkillers, her family members say. But for a long time they didn't know she was addicted. They had seen her as the strong one, helping others to fight their addictions.

But her journal shows otherwise.

"I hope (Jonathan) gets home soon. I need him to help take my mind off of drugs. I keep thinking if I do one line it won't matter."
"I'm still clean, no OC since Friday morning and today is Sunday. That's very good for me ... When (Jonathan) messes with me or ignores me it makes me want to do a line so bad. Because before I was high so it was so easy to deal with. Now I'm not high and it's hard to deal with him ignoring me."
Since Friday and I have been clean. I'm proud of myself but I'm ashamed. I wish I never would of done this to myself. I want to do a line but my body feels good but I just keep thinking about it. What do I do to keep my mind off of it."

Pharmacy records from March 2007 show that on Voyda's second visit to Buckwalter, she was prescribed 240 pills of a generic form of Xanax, twice as many as the month before, and 150 methadone tablets. Under "Chief Complaint," Buckwalter's records from the visit say: "4 meds; wants Xanax."

Voyda's journal entries become darker and more sporadic until April, when they end. At that same time, Voyda - known in high school as "Skittles" for handing out the candies to cheer people - was growing more distant from family and friends. In a note to an ex-boyfriend, she wrote: "I'm dead inside ... I have nowhere to go. I just want to crawl in a dark hole."

Records show that Buckwalter continued Voyda on a steady regimen of generic Xanax and methadone, but at a party on June 8, 2007, Voyda overdosed on the narcotic, hospital records show. Urine tests showed she also was abusing alcohol and Xanax.

Buckwalter's records do not mention the overdose, but pharmacy records show that on her next visit, June 21, 2007, the doctor did not prescribe Voyda methadone. Instead, Buckwalter prescribed 100 pills of hydrocodone, a potent narcotic, even though experts said she exhibited obvious drug-seeking behavior.

The hydrocodone and generic Xanax prescriptions continued month by month for a year until July 29, when Buckwalter prescribed Voyda 70 oxycodone pills, the primary ingredient in her main obsession, OxyContin. Six days later she filled a Buckwalter prescription for another 120 oxycodone tablets, and five days later she filled still a Buckwalter prescription for 120 more oxycodone pills.

That's 310 oxycodone pills from Buckwalter in 11 days.

About two weeks later, on Aug. 26, Voyda and Jonathan got into a heated argument. She grabbed a handgun he kept at the house, put it to her head and pulled the trigger.

A collage of photos from her memorial service shows Voyda cheek to cheek with one friend after another. Voyda's family said things steadily got worse for Voyda after she started seeing Buckwalter.

"She never would have done it without the drugs," Voyda's uncle, Phil Alkazoff, said of the suicide. "The drugs totally changed her personality."

The four prescription narcotics experts who reviewed Voyda's medical records for the Sun described Buckwalter's treatment of the patient as grossly negligent.

Dr. David Kloth, a Connecticut specialist and a past president of the American Society of Interventional Pain Physicians, said Buckwalter's records showed no medical necessity for the drugs he prescribed to Voyda, who was clearly seeking drugs. One of her primary complaints was "vaginal pain," the records show, which would not justify the types of narcotics Buckwalter was prescribing, Kloth said.

"This case is disgusting," Kloth said of Buckwalter's treatment of Voyda. "This doctor has to be stopped."

The original article can be read in its entirety at http://www.lasvegassun.com/news/2008/oct/15/her-outlook-darkened-her-addiction-deepened-journa/.

'Staggering' Use of Pills ...

Fri, 19 Sep 2008 08:00:00 EST

Editorial
Las Vegas Sun
Friday, Sept. 19, 2008, 2:08 a.m.

Peers aghast at prescriptions Henderson doctor wrote for patient

The number of pills a Henderson doctor prescribed for a Las Vegas man from January 2005 to June 2008 was so large an investigation by the Nevada Medical Examiners Board is warranted.

During that period Dr. Kevin Buckwalter prescribed more than 20,000 pills for Michael Hammond, who had gone to him complaining of pain from a neck injury.

Hammond admitted to Las Vegas Sun reporter Marshall Allen that within months of beginning his drug treatment he had no more pain complaints. He said he continued to seek refills anyway because the pills made him feel good. He eventually realized, he said, that he was addicted.

Hammond, who has successfully emerged from an addiction recovery program, contacted the Sun after Allen and reporter Alex Richards reported in July on the high rate of prescription drug use among Nevadans.

Allen, assisted by Richards, reported Hammond's experience with Buckwalter for Tuesday's Sun. Their research included reviews of Hammond's prescription drug and medical records that he shared after obtaining them from the state and from Buckwalter.

Additionally, the Sun consulted with a Connecticut doctor, a Florida doctor and two other pain management experts who practice locally. All four reached identical conclusions in their independent analyses of the records - Buckwalter should be investigated.

Addictions to prescription drugs are increasing nationally. We believe doctors should be part of the solution. They should recognize when a patient is demanding an inordinate number of pills and take steps to protect against abuse.

Dr. Andrea Trescot, the Florida pain specialist who reviewed Hammond's records, included among her conclusions that the quantity of pills prescribed to Hammond was "far above" a reasonable amount.

Dr. David Kloth of Connecticut, past president of the American Society of Intervention Pain Physicians, told the Sun, "I'm not sure this guy (Buckwalter) belongs practicing medicine - and certainly not pain management - if this is representative of his care."

Of the local pain specialists consulted by the Sun, one called the number of pills prescribed to Hammond "staggering ... horrible." The other said, "A complaint to the Nevada Board of Medical Examiners is certainly in order." We agree.

The original article can be read in its entirety at http://www.lasvegassun.com/news/2008/sep/19/staggering-use-pills/.

Doctor, Pharmacist are Sued over Deaths

Wed, 02 Jul 2003 08:00:00 EST

Metropolitan
The Dallas Morning News
Wednesday July 2, 2003

By Terri Langford and Holly Becka, Staff Writers

S. Dallas Practitioner, Nearby Druggist Accused of Causing Overdoses
A South Dallas doctor targeted in an ongoing criminal investigation faces five lawsuits accusing him of negligently causing patients' overdose deaths.

The neighboring pharmacist, Cliff Griggs, is named in four of the suits, which allege that he and Dr. Daniel Maynard conspired to provide medically unnecessary and improper medications "in order to profit from their ongoing use" by patients.

Lawyers for families of five deceased patients of Dr. Maynard filed the suits late Monday evening, the deadline for filing under existing law that puts fewer limits on possible damages.

Neither Dr. Maynard, whose medical license was temporarily suspended last month, nor Mr. Griggs could be reached for comment Tuesday. Dr. Maynard's lawyer, Jim Rolfe, did not return a call Tuesday. In the past, he has said his client has done nothing wrong.

Dallas attorney Kay Van Wey filed four lawsuits in county court on behalf of the families of Maynard patients Cecil and Harold Armitage, Mildred Janis and Leonard Neal.

Ms. Janis and Mr. Neal do not appear to be among the 13 patients whose deaths were previously disclosed in court records by law enforcement and the Texas State Board of Medical Examiners.

A search warrant affidavit describes Dr. Maynard, 57, as prescribing narcotics without a valid medical purpose and defrauding the Medicare and Medicaid systems by charging for medical services that were never performed.

District Attorney Bill Hill declined to say whether the doctor's treatment of Ms. Janis, who died in May 1996, and Mr. Neal, who died in September 1998, was part of the investigation.

Ms. Van Wey said she is unsure whether her clients have been contacted by law enforcement authorities but added that they were willing to cooperate.

Ms. Van Wey said she included the pharmacist in the lawsuits because Mr. Griggs had "ownership interest" in the Mancuso Pharmacy, which is next door to the Maynard clinic, and because the pharmacy filled most of Dr. Maynard's prescriptions.

"There's no way on God's green earth that he could...not know what was going on right underneath his nose," Ms. Van Wey said.

Dallas lawyer Linda Turley filed lawsuit in state district court on behalf of the father of Christopher Baty, another Maynard patient.

The 28 year-old Dallas man, who went to Dr. Maynard after an old back injury flared up, died in August 2002.

"The family is anxious to get to the bottom of this and find out why this happened," Ms. Turley said.

Ms. Van Wey said that although Ms. Janis died in 1996, her relatives had just "put two and two together" about Dr. Maynard's role in the woman's death after the June 10 raid on his clinic.

The lawsuit on behalf of Mr. Baty, who died in August 2002, says that "negligence, carelessness and unskillfulness were a proximate cause of Christopher Baty's injuries and death."

The suits allege that Mr. Neal and the two Armitage brothers died from mixed drug overdoses related to "numerous medically unnecessary or inappropriate" medications prescribed by Dr. Maynard. Most of their prescriptions were filled at the Mancuso Pharmacy, the lawsuits say.

Staff Writer Tanya Eiserer contributed to this report.

Luxury Cars, Home all Part of Life for Doctor Investigated in Patients' Deaths

Sun, 15 Jun 2003 08:00:00 EST

Metropolitan
The Dallas Morning News
Sunday, June 15, 2003

By Tanya Eiserer and Doug J. Swanson, Staff Writers

Some Relatives Say Physician Provided "Anything You Wanted"
The doctor's Lakewood home is palatial, though it doesn't have the spectacular view of his place in New Mexico. That one offers a vista of the Jemez Mountains and the Santa Fe city lights.

But on those days the doctor is working, he's in Dallas. He must steer his way up his long, shaded driveway past his terraced gardens and make his commute to the poor side of town.

The trip to 2929 Martin Luther King Blvd takes about 10 minutes, but it's a long way from leafy, placid Lakewood. Dr. Daniel Maynard parks his luxury car - records show that he owns a Lincoln, a Mercedes and a Corvette - behind a fence topped with razor wire. At 8 a.m. the neon "open" sign above the front door of the Maynard Clinic comes on.

The procession begins. On a slow day, Dr. Maynard will see 100 patients. They wait for him in the shabby lobby. More stand on the stained rug in the cramped foyer, leaning against the dirty white wall or using the pay phone. Still others line up outside, waiting for the doctor's wife, Aino, to unlock the door and let them in. Then she locks the door behind them.

The clinic does not take appointments. It's a first-come, first-serve, and patients come from all over the area. Some sleep in the parking lot the night before to get a prime slot.

Dr. Maynard has a reputation of helping those who can't get help elsewhere. Cecil Armitage was one of those. He was an ex-con and a diesel mechanic with a love for painkillers, which Dr. Maynard prescribed for him. He died in March.

Tracie Bond was another. A paraplegic who craved narcotics, she died in November. On her bedside table was an empty bottle that once held morphine prescribed by Dr. Maynard. Delores Burton was a patient as well. Dr. Maynard prescribed Percodan for back pain. Her husband contends that years of using another painkiller destroyed her liver. She died in January.

Those three and eight other patients who died, were cited by local, state and federal authorities when they raided Dr. Maynard's clinic and house last week. Police seized loads of patient files, billing records, bank statements and personal documents. Sources say he had been under investigation for more than six months. Dr. Maynard has not been charged with any crime.

District Attorney Bill Hill said last week that the investigation could continue for months. Among the charges prosecutors may pursue are fraud, manslaughter and prescribing drugs without a valid medical purpose, according to a police affidavit.

The doctor's lawyer, James Rolfe said last week that Dr. Maynard had done nothing wrong. "No patient death is the result of any negligence on the part of Dr. Maynard," he said. Mr. Rolfe did not respond Friday to requests to interview his client.

Dr. Maynard, 57, came to Dallas not long after his 1973 graduation from Kirksville College of Osteopathic Medicine in Missouri. The vice president for medical affairs at the college, a classmate of Dr. Maynard's, did not respond to request for comment. Dr. Maynard lists privileges at Dallas Southwest Medical Center. A hospital spokeswoman declined to comment.

The doctor has also held a clinical faculty appointment at the University of North Texas Health Science Center. Such posts allow physicians to train students at their clinics. A university spokeswoman said records show that no medical students trained in Dr. Maynard's clinic.

Dr. Maynard began operating the South Dallas clinic in 1979, according to state records. The practice has apparently been financially rewarding. Dr. Maynard's Lakewood home is appraised for tax purposes at $834,210. His Santa Fe condo, in an upscale-gated community, is appraised at $418,460.

He also owns some rental properties in Dallas and the office building next to his clinic.

The Patients
The clinic has been well known in South Dallas for the lines of patients who would gather outside often before dawn. "They would line up about 3 or 4 a.m.," said one health care worker who accompanied patients to the clinic. "You'd have all these wrecks, fights and near-riots." The clinic employed off-duty Dallas police officers to keep the peace in the parking lot.

Many of the patients, authorities believe, came only for narcotics prescriptions. One health care worker said some paid cash for injections of Demerol, an opium derivative. Bill Bryan, 44, a former schoolteacher from Grand Prairie, was a patient of Dr. Maynard's. He died in August 1995.

His sister, Patricia Bland, believes Dr. Maynard is at fault. Ms. Bland, who lives in Centralia, Ill., said her brother hurt his back in an auto accident in 1989 or 1990. A friend told Mr. Bryan that he went to Dr. Maynard, she said, because he could "go in there and get any kind of medication." Her brother began seeing Dr. Maynard, she said, and was soon hooked.

"I can remember one specific night that my brother's speech was so garbled you couldn't understand anything he said," Ms. Bland recalled. "I told him, 'Why don't you go to a different doctor?' He said, 'No, I can get anything I want from this guy.'"

The Armitage brothers, Harold and Cecil, made similar remarks before they died. Cecil had a forgery conviction and Harold had served a prison sentence for burglary. Cecil worked on trucks, and Harold drove them. Both liked painkillers. Both went to Dr. Maynard.

"This was the hip doctor," said Sandra Blackburn, their sister. "He was cool, and you could get anything you wanted."

The brothers told family members that they often could get drugs without being examined by Dr. Maynard during an office visit. Sometimes, they slept in the clinic parking lot just to be the first in line.

"When they went to him, I don't know who took what, where or when. But I know that they were both just totally messed up on these pills," Ms. Blackburn said.

In 2000, shortly after taking pain medications, Harold had a fatal traffic accident. He was 49.

Cecil was treated for a drug overdose in January. By February he was seeing Dr. Maynard again. He died in March at age 61. There were 27 bottles of prescription pills next to his body.

Authorities later discovered that November that Dr. Maynard wrote 23 prescriptions for Cecil, including sedatives and narcotic painkillers.

"He's a drug dealer. He is a legal drug dealer versus the street drug dealer," Ms. Blackburn said of Dr. Maynard. "He gets away with it because he has the license."

"Needed Pills"
Tracie Bond, a cosmetologist, left behind three children when she died last year in Rockwall at 46.

"She said she was in pain and needed the pills," said her mother, Mary Johnson. "I just didn't know what to do."

A longtime patient of Dr. Maynard's, Ms. Bond filled a prescription for painkillers and sedatives. One day later she had a one-car accident and was paralyzed. When her doctor at Parkland Memorial Hospital refused to refill her morphine prescription, she returned to Dr. Maynard, her mother said.

"She just kept getting more and more [prescriptions]," Ms. Johnson said. "She just became addicted."

She was found dead in her bedroom with an empty morphine bottle beside her.

"Even though Tracie went down there, he [Dr. Maynard] didn't have to give it to her," Ms. Johnson said. "I'd like them to take his license away so he can't kill anybody else." Last week the state froze Medicaid reimbursements claimed by Dr. Maynard. Authorities also believe the Texas State Board of Medical
Examiners will soon move to suspend Dr. Maynard's license.

But the clinic was still accepting patients after the police raid last week. The neon "open" sign is expected to be on again Monday morning.

Staff writers Selwyn Crawford, Kim Horner, Holly Becka and Howard Swindle contributed to this report.

DA Combs Patients' Records

Sat, 14 Jun 2003 08:00:00 EST

Metropolitan
The Dallas Morning News
Saturday, June 14, 2003

By Holly Becka and Selwyn Crawford, Staff Writers

Authorities Seek Links to Deaths; Doctor has Denied Wrongdoing
The medical file of a patient who died more than 10 months ago lay on the kitchen table at the doctor's Lakewood home, according to court records released Friday. It was among the personal items and medical records seized Tuesday, as authorities looked for evidence this week in their expanding investigation into a South Dallas medical clinic and its primary physician.

Dr. Daniel Maynard has been linked in court records to 11 deaths, many of them drug overdoses, during the last three years. Relatives of the 12th possible victim, who died in 1995 of a mixed drug overdose, say they also have been talking to investigators. Dr. Maynard has not been charged with a crime, and his lawyer insists that he has done nothing wrong.

On Friday, Dallas County District Attorney Bill Hill promised an exhaustive investigation. "We will review every patient file to see if any other of Dr. Maynard's patients died as a result of a drug overdose," he said.

The patient file of Dallas resident Christopher Baty, who died in August of cardiovascular disease and painkiller toxicity, was among the medical records seized from Dr. Maynard's home.

Diane Gifford, Mr. Baty's older sister, said her family would not discuss the case out of respect for their father, Jack, who discovered Mr. Baty's body. "This is hard for my dad, and this just brings all that pain up again," Mrs. Gifford said. "My brother was only 29 years old when he died. That's a young age to lose a son."

Investigators on Tuesday raided Dr. Maynard's clinic on MLK Boulevard, a nearby pharmacy, and his home and bank to see whether his prescription-writing practices contributed to any patients' deaths.

An affidavit describes Dr. Maynard, 57, as prescribing narcotics without a valid medical purpose and defrauding the state Medicare and Medicaid systems by charging for medical services that were never performed.

The state has since frozen his Medicaid reimbursements, and Dr. Maynard remains the subject of an ongoing investigation.

Mr. Hill said Friday that decisions that could limit Dr. Maynard's ability to prescribe narcotics and receive Medicare reimbursements could come next week. "The licensing authorities are working expeditiously to determine whether Dr. Maynard's licenses should be suspended or revoked," he said.

A Victim's Sister
Patricia Bland of Illinois contends Dr. Maynard is at fault in her brother's death. Bill Bryan, 44, a former schoolteacher from Grand Prairie, died in August 1995. His autopsy reported lists Dr. Maynard as the last physician to treat Mr. Bryan.

Results of Mr. Bryan's autopsy show he had taken several drugs, including the painkiller Hydrocodone, Diazepam, also known as Valium, the muscle relaxant Carisoprodol and cocaine.

His sister says she has talked to a district attorney's investigator and a Dallas police narcotics officer about him.

Mr. Bland said her brother was a star high school athlete, a coach and in "perfect health" until he hurt his back in an accident in 1989 or 1990.

A friend of her brother's told Mr. Bryan that he went to Dr. Maynard because he could "go in there and get any kind of medication" he wanted and that Mr. Bryan should see him. It wasn't long, she said, before Mr. Bryan was hooked on pain medication. By the time he died, Ms. Bland, said, her brother was often so high that he slurred his words during their frequent telephone conversations.

Mr. Bryan's widow could not be reached for comments. Ms. Bland said that she no longer speaks to her former sister-in-law because of a dispute that grew out of her brother's death.

Ms. Bland said the relationship between her brother and Dr. Maynard went beyond that of patient-doctor. She said that several times when she spoke to her brother, he told her he was either heading out or returning from playing golf with Dr. Maynard or hanging out with him. She said her brother's response to her questioning of Dr. Maynard's prescriptions was odd.

"He said, 'Oh, Danny knows what he's doing. I trust him.' I said, 'Danny?'" Ms. Bland said, adding that she was surprised her brother was on a first name basis with his physician.

Several Items Seized
During the raid this week, investigators seized patients' files, records of prescriptions, computers, invoices, Drug Enforcement Administration audit records, billing records, and insurance documents from the physician's office and the pharmacy. At Dr. Maynard's home, investigators carted off the doctor's 'statement' to the Dallas police regarding two women, along with a Medicaid newsletter and a sign-in sheet for his clinic. The items were found with other medical files on the kitchen table, records show.

Investigators seized a Texas State Board of Medical Examiners file from the bar in the kitchen, a controlled substance log and various records in a bag on the kitchen floor, and documents that had been shredded.

They also found two files that investigators listed as "Texas Board of Medical Examiners investigation letter lawsuit documentation" in the family room and a medical periodical about reducing drug-related errors.

Meanwhile, Janice Houston, a Dallas police spokeswoman, said there is no internal investigation into the officers who worked off-duty security at Dr. Maynard's clinic. "We don't have any indication that our officers were involved in anyway," Ms. Houston said.

She said that several officers had worked security there. "If we had reason to suspect that our officers were involved, action would have been taken. If any officer suspects criminal activity, we would hope that they would take the appropriate action.

"Because of the investigation and some of the things that are involved, I'm not going to go into a lot of detail about anything else."

Staff writer Tanya Eiserer contributed to this report.

Families' Complaints Led to Raid on Clinic

Fri, 13 Jun 2003 08:00:00 EST

Metropolitan
The Dallas Morning News
Friday, June 13, 2003

By Holly Becka and Tanya Eiserer, Staff Writers

State Agencies Track Prescription Data but Can't Detect Problems
If not for the complaints of grieving family members, investigators might have never known about the prescriptions written from a South Dallas medical office, as detailed this week in an affidavit.

Officials with several state agencies said Thursday that they track facets of doctors' practices and drug-prescribing habits-but some don't analyze the information, and others say problems aren't readily identified.

Acting on family members' complaints, investigators on Tuesday raided the South Dallas clinic of Dr. Daniel Maynard after Dallas police linked his prescription practices with the deaths of 11 patients. The state has since stopped his Medicaid reimbursements. Dr. Maynard has not been charged with a crime, and his lawyer insists that he has done nothing wrong.

District Attorney Bill Hill said Thursday that publicity from the raid has generated several calls to his office from people complaining that their family members became dependent on painkillers prescribed by Dr. Maynard.

Officials with Texas Department of Public Safety said that they track physicians who prescribe certain narcotic, stimulant and depressant drugs, but they generally don't analyze the information.

The DPS started its tracking program - called the Triplicate Prescription Program - in 1982 to help stop medically useful controlled substances from traveling from legal to illegal channels. The program tracks what are known as Schedule II drugs, which can cause severe dependence, including morphine and oxycodone.

DPS spokeswoman Tela Manage said doctors' licensing agencies use the drug information that her agency gathers. She said the prescription tracking program was intended as a tool to help the licensing agencies determine whether there is a problem. "We share that [information] with the licensing boards," Ms. Mange said. "We don't make that judgment about whether they are prescribing too much of something. That's something the licensing board should do. We're not doctors."

Under the Radar
Dr. Donald Patrick, executive director of the Texas State Board of Medical Examiners, said he could not comment on any action that board investigators might or might not have taken regarding Dr. Maynard.

But he said that, in general, a physician who was prescribing large numbers of Schedule III drugs - including certain anti-anxiety drugs, tranquilizers, sedatives and stimulants, such as hydrocodone and Tylenol with codeine - would not necessarily come to the attention of the board.

Even information on Schedule II prescriptions that the DPS collects might not prompt an investigation, Dr. Patrick said. "There's no mandate to analyze that data," he said.

Dr. Patrick said he hopes to put into place a board operation for such analysis in conjunction with DPS.

According to a search warrant affidavit, Dr. Maynard was the leading prescriber of diazepam in Texas in 2002 and the second highest prescriber of Tylenol with codeine that same year.

Diazepam, also known as Valium, is a Schedule IV drug.

No Federal Monitoring
Robert Evans, Dallas DEA spokesman, said there is no federal prescription monitoring program.

There is a tracking system at the wholesale-distribution level of Schedule I and II drugs, and controlled substances in Schedule III.

Some pharmacists buy from the wholesale-distributor level, he said.

If a doctor or someone was prescribing something that was below what DEA looks at, at a federal level, there would be no way we would know it unless someone brought it to our attention," he said. "Then, of course, we would look at it.

Not Always Caught
Meanwhile, the Medicaid vendor drug program at the Texas Health and Human Services Commission monitors physicians who prescribe drugs for reimbursement. But problems are not always caught.

"We should catch it," said Aurora LeBrun, associate commissioner for investigations and enforcement. "Sometimes you do, sometimes you don't...Sometimes they know enough to stay below a pattern of utilizing that will bring them to the attention of investigators." The Texas Health and Human Services Commission monitors Medicaid use, doctors' prescribing patterns and the recipients of Medicaid benefits.

For about the last two years, the vendor drug program has used a new system in which a computer analyzes patients' diagnosis and prescriptions against normal standards and hunts for irregularities.

Even then, problems might not be flagged because the socioeconomic status of a doctor's practice and the number of his patients are taken into account.

"The system is built to pay the claim and pay it on time," Ms. LeBrun said. "So, in the system, yes, there's a large volume, but when you analyze it - there are things that come into play. What type of populations is he serving? Is his clientele sicker than the average? A lot of work has to be done before you come to conclusion that because he is prescribing in a high pattern it is fraud or abuse."

Different Programs
Another hurdle is the fact that Texas has no way to compare records of patients who, for example, pay for their doctor visit with federal Medicare but then pay for their prescription with state Medicaid, she said.

"Texas is one of the two states working with the federal government to start a data match project" to compare Medicare and Medicaid information, she said.

Staff writer Doug Swanson contributed to this report.

Drug Risks
Controlled drugs are rated in the order of their abuse risks and placed in schedules by the federal Drug Enforcement Administration. The drugs with the highest abuse potential are in Schedule I, and those with the lowest abuse potential are in Schedule V. Here is a look at the drugs in each schedule:

•Schedule I - Drugs with a high abuse risk. These drugs have no safe, accepted medical use and include heroin, marijuana, LSD, PCP and crack cocaine.

•Schedule II - Drugs with a high abuse risk, but they also have safe and accepted medical uses in the United States. These drugs can cause severe psychological or physical dependence. They include certain narcotic, stimulant and depressant drugs such as morphine, cocaine and oxycodone.

•Schedule III, IV and V - Drugs with an abuse risk less than Schedule II. These drugs also have safe and accepted medical uses in the United States. Schedule III, IV or V drugs include those containing smaller amounts of certain narcotic and non-narcotic drugs, anti-anxiety drugs, tranquillizers, sedatives, stimulants and non-narcotic analgesics. Some examples are acetaminophen with codeine, paregoric, hydrocodone with acetaminophen, diazepam and alprazolam. Source: Texas Board of Pharmacy

Patient Deaths Lead to Raid on Doctor's Office

Wed, 11 Jun 2003 08:00:00 EST

Metropolitan
The Dallas Morning News
Wednesday, June 11, 2003

By Holly Becka and Tanya Eiserer, Staff Writers

Prescriptions at South Dallas Practice Probed after 11 Fatalities
Investigators raided the office, bank and home of a doctor whose South Dallas practice is linked in court records to the deaths of 11 patients.

In an affidavit filed Tuesday, Dr. Daniel Maynard, 57, is described by an investigator as prescribing narcotics without a valid medical purpose and defrauding the state Medicare and Medicaid systems by charging for medical services that were never performed. Dr. Maynard, a doctor of osteopathy and a Texas general practitioner since 1973, has been arrested and could not be reached for comment. A woman who came to the window of his Lakewood neighborhood home declined to comment Tuesday.

District Attorney Bill Hill said his office and five other local and federal agencies began investigating Dr. Maynard after complaints by family members of patients who died of drug overdoses.

"We're certainly concerned about the many deaths that were the result of drug overdoses and having been patients of one particular doctor," Mr. Hill said. "We want to review the patient files and see if in fact there was any causation between those deaths and the medications Dr. Maynard was prescribing."

Mr. Hill said the investigation may last months and has no timeline. Dr. Maynard can continue practicing, though the Drug Enforcement Administration is investigating whether to pull his license to prescribe narcotics.

Details of the investigation became public Tuesday when officials served a warrant to search his clinic and other properties.

If charges are filed, it would be one of the largest cases of its kind in the South, officials said. Doctors in Texas, Florida, Georgia and New Mexico have faced criminal charges-ranging from murder to manslaughter-in the overdose deaths of a handful of patients, but none has been linked to as many as 11 deaths.

High Prescription Rates
The patients ranged in age from 29 to 62, and their deaths occurred in the last three years, according to court records. Their autopsies listed various causes of death, including drug overdoses, toxic effects of mixed drugs and congestive heart failure. A Parkland hospital emergency room doctor who reviewed two of the overdose deaths told investigators that the volume and combination of drugs prescribed would in time be lethal to a patient.

Records show that among Texas doctors in 2002, Dr. Maynard wrote the most prescriptions for the sedative diazepam and the second-most prescriptions for Tylenol with codeine. That year, he wrote 54,748 prescriptions, according to the records.

Mr. Hill said he believed that the Texas State Board of Medical Examiners was conducting its own investigation of Dr. Maynard. An official with the board would not confirm that or say whether Dr. Maynard was the subject of past complaints by patients.

"We have not taken any disciplinary action against Dr. Maynard," said Jill Wiggins, public information officer for the board. "Whether or not he's had complaints and investigations in the past is confidential by statute."

Osteopaths go through much the same training as other doctors and practice a whole-person approach to medicine, according to the American Osteopathic Association. They also receive extra training in the body's interconnected system of nerves, muscles and bones and use their hands to diagnose injury and illness, according to the association. News of Tuesday's raid at Dr. Maynard's office on Martin Luther King Jr. Boulevard elated the husband of one deceased patient.

"It'll save a lot of people's lives," Chris Burton said of the raid. "It could have saved my wife's life."

Mr. Burton said his wife, Dolores Burton, began seeing Dr. Maynard in 1992 because of chronic back pain related to a 1989 on-the-job accident. "A friend of hers had told her about him," Mr. Burton said. "She [the friend] told her he'd give her anything she wanted, whatever she asked for. And he did. He wouldn't so much as put a stethoscope to her."

Dr. Maynard had prescribed Mrs. Burton a number of medications including the painkiller Percodan; Valium, an anti-anxiety drug; the antidepressant Trazedone; and the antidepressant Zoloft, Mr. Burton said. "He kept supplying her the medicine every month," he said. "Sometimes she wouldn't even have to go in. He'd just call it in."

He said his wife's condition drastically deteriorated over the last decade. He said his wife suffered 27 strokes in the 18 months before her Jan. 3 death. "She just went downhill from stroke after stroke," Mr. Burton said. "She died at home in my arms after 22 years of marriage, he said, his voice cracking.

The families of other deceased patients could not be reached Tuesday for comment.

"Most of them were high"
Investigators also raided a nearby pharmacy that issued many of the doctor's prescriptions. Dr. Maynard does not own the pharmacy but does own the building and the lot, officials and records say.

Court records say former and current employees told investigators that the clinic took no appointments - patients were seen on a first-come, first-serve basis. A former employee said in records that some patients slept outside the clinic "in order to be able to sign in on the sign-in sheet first."

She told investigators, according to court documents, "It was scary because the people would become violent. Everyone wanted to sign in first, and most of them were high on drugs."

Mr. Burton, 53, said Dr. Maynard's clinic paid for off-duty police officers to keep patients from walking out of the nearby pharmacy and selling their prescription drugs to others.

Current and former employees echoed Mr. Burton's observations. They told investigators that on-duty police officers provided protection and that the clinic saw up to 200 patients per day, records say.

Forty to 50 patients were inside Dr. Maynard's office when dozens of law-enforcement officers stormed the brick and stucco building about 8:30 a.m. Tuesday.

Patients said Dr. Maynard was not present when investigators - from the state attorney general's office, Dallas Police Department, DEA, district attorney's office, FBI and Health and Human Services' office of inspector general - arrived.

Officers used plastic handcuffs to restrain people, including patients wearing oxygen masks. Officials checked them for outstanding arrest warrants before releasing them, several patients said. Authorities also brought a large truck to the scene for evidence removal.

Some patients said law officers asked them whether Dr. Maynard gave them more medication than they asked for. They said they told the officers he did not. "I just get Valium for bad nerves," said Delicha Johnson, a patient who was briefly detained. "Dr. Maynard is a very good doctor. Why would police come up into a doctor's office like that?"

"He's a good doctor"
Cordell Cornell, another patient who was briefly held, said he sees Dr. Maynard because he has chronic back problems.

"I just know he's a good doctor," he said.

Tuesday evening, police were still at the clinic, across the street from the Martin Luther King Center and down the street from James Madison High School. Officials said it was unclear whether clinic business would be conducted as normal Wednesday. "Unless the state does something immediately, yes, he could" continue to prescribe medications, said DEA Special Agent in Charge Sherri Strange. "Of course, it concerns us."

Doctors allowed to prescribe certain types of medicines, including narcotics, must be licensed through the DEA.

Agent Strange said the DEA could pull Dr. Maynard's license to prescribe narcotics, an action that would not require court action. She said investigators had not yet reviewed what was seized from Dr. Maynard's office.

Mr. Hill said he does not want the raid to hamper doctors who legitimately prescribe narcotics.

"We are not casting a blanket indictment on the medical profession because there certainly are legitimate reasons to prescribe narcotics," he said. "I certainly don't want this to have a chilling effect on physicians with patients who have a legitimate need for those types of narcotics for severe chronic pain."

Staff writers Todd Bensman, Ian McCann, Terri Langford and Steve McGonigle contributed to this report.

Dr. Bruce S. Hinkley's Career

Sun, 01 Jul 2001 08:00:00 EST

Jan. 26, 1946:Born in Houston
1972:Graduated from Baylor College of Medicine
Aug. 1972:Licensed in Texas
1974:Residency at Oklahoma University Health Science Center
1978-80:Works as an emergency room physician in Houston
1980:Begins solo practice in orthopedic surgery, McAlester, Oklahoma
1982:Begins using cocaine
1987:Elected president of the Pittsburgh County (Okla.) Medical Society
March 24, 1987:An investigator for the Oklahoma Board of Medical Examiners files a complaint accusing Dr. Hinkley of excessively prescribing painkillers to numerous patients.
Dec. 2, 1987:The McAlester Regional Health Center puts Dr. Hinkley on probation, orders drug screening and requires that he see a psychiatrist.
Sept. 7, 1988:A urine sample of Dr. Hinkley's tests positive for cocaine.
Nov. 25, 1988:Dr. Hinkley is found with a gun, disoriented, crawling in a pasture near his home. A urine sample tests positive for cocaine.
Dec. 7, 1988:His privileges at the McAlester hospital are revoked.
Dec. 26, 1988:He enters Baylor University Medical Center in Dallas for treatment of chemical dependency.
June 1989:The Oklahoma medical board puts Dr. Hinkley on five years' probation.
July 1989:As a result of the Oklahoma board's action, the Texas State Board of Medical Examiners revokes Dr. Hinkley's license but stays the revocation and puts him on 10 years' probation, he is required to submit to random drug tests.
July 1989:Key Clinics in Dallas hires Dr. Hinkley for $12,500 a month.
March 1992:After his Oklahoma license lapses, Dr. Hinkley applies for re-instatement, but the board refuses his request.
September 1992:Dr. Hinkley is recruited by Garland Community Hospital
March 1994:Dr. Hinkley performs two spinal surgeries on Lari Bolinger of Clovis, N.M. He later sues Dr. Hinkley, alleging that the procedures were disabling. The suit is settled in 1999.
Aug. 14, 1996:Patient Dedia Louise Jordan has a 360-degree spinal fusion. Her subsequent lawsuit says the procedure worsened her pain and disability.
Aug. 19, 1997:Patient Vanessa Perry undergoes 360-degree spinal fusion. In a subsequent lawsuit, she contends that the surgery caused "severe and permanent injuries."
Aug. 27, 1997:Dr. Hinkley performs spinal surgery on patient Linda Ish. She later sues him, alleging that the surgery left her "physically impaired and disfigured." The suit settled in 1999.
Nov. 17, 1997:Patient Jennifer K. Vessell has the second of two back surgeries. She develops a spinal infection and later sues Dr. Hinkley, saying that the surgery worsened her condition.
Jan. 12, 1998:Dr. Hinkley tests positive for cocaine use.
Jan. 21, 1998:Patient Lolela Horner undergoes spinal surgery. She later sues Dr. Hinkley, contending that he "severed a nerve root," leaving her crippled.
Jan. 26, 1998:Dr. Hinkley tests positive for cocaine use.
Feb. 2, 1998:Dr. Hinkley tests positive for cocaine use.
Feb. 7, 1998:The Texas State Board of Medical Examiners orders Dr. Hinkley not to treat patients until he provide evidence that this restriction should be lifted.
April 4, 1998:After Dr. Hinkley challenges the validity of the three drug tests; the medical board puts him on five years' probation. Dr. Hinkley resumes doing surgery at Garland Community Hospital.
April 24, 1998:Garland Community lends Dr. Hinkley $150,000 to help restart his practice.
Sept. 2, 1998:Patient Tony Leo Watson undergoes 360-lumbar fusion. He subsequent lawsuit alleges that the surgery left him impotent and incontinent.
Sept. 11, 1998:Patient Samuel Humes has spinal surgery. He later sues, contending that the surgery left him with permanent disability.
Feb. 5, 1999:Patient Dianna Kasson undergoes spinal fusion. In a lawsuit, she says the procedure left her disabled and in severe pain.
March 19, 1999:Patient Tina Armstrong undergoes spinal surgery. She later sues, alleging that the surgery has left her in constant pain and unable to control her bladder.
March 30, 1999:Dr. Hinkley tests positive for cocaine use.
March 31, 1999:Patient Bobbye Wolfe undergoes a 360-degree spinal fusion. She later files suit, saying that the "botched surgery" caused permanent injuries.
April 2, 1999:Patient Patricia Kay Soto has the third of three back surgeries by Dr. Hinkley. In a subsequent suit, she says she has suffered "severe and disabling injuries."
April 24, 1999:Patient Rhonda Bacus has the third of three spinal surgeries. She later sues Dr. Hinkley, contending that the procedures resulted in "physical disfigurement."
June 28, 1999:Dr. Hinkley tests positive for cocaine use.
July 26, 1999:The Texas medical board puts his license under temporary suspension. Dr. Hinkley ceases to practice medicine.
Aug. 28, 2000:Personal trainer Michael Scarcella files a sworn affidavit in which he says he observed Dr. Hinkley purchasing cocaine on several occasions in 1997, 1998 and 1999.
Oct. 20, 2000:The Texas medical board revokes Dr. Hinkley's license.
December 2000:Dr. Hinkley files a lawsuit seeking to have his license restored.

Surgeon to Stop Treating Patients

Sat, 18 Apr 1998 08:00:00 EST

April 18, 1998
By Lou Chapman, Star-Telegram Staff Writer

Fort Worth, TX - An Arlington orthopedic surgeon with a documented history of drug abuse has agreed to stop treating patients after testing positive for cocaine and other drugs during random urine tests, state records show.

Dr. Bruce Hinkley, 52, was undergoing voluntary urine tests as one condition of a 10-year probation that he agreed to with the Texas State Board of Medical Examiners in 1989.

Part of that agreement required Hinkley to abstain from drug and alcohol use.

During a hearing on the matter this month, Hinkley told the board that the test results were inaccurate, according to agency documents. Emil Cerullo, Hinkley's office administrator, said the surgeon, had no comment on the board's latest disciplinary action.

The board's documents state that Hinkley tested positive for cocaine on Jan. 12 and Jan. 26, and for benzodiazepines, a class of tranquilizers, Feb 2.

He said during a board hearing that he has not ingested cocaine since 1988 and has not taken benzodiazepines except as approved by the medical board's earlier order, the board's disciplinary order says.

The documents state that Hinkley agreed to the new restrictions in part to avoid the cost and time of going to court.

Before he can treat patients again, he must appear before the board and provide "sufficient evidence and information: that he is "physically, mentally and otherwise competent to safely practice medicine," the board's order says.

His 1989 probation did not have that stipulation.

In 1989, Hinkley agreed to a state board order that revoked his license, but simultaneously put that revocation on hold and replaced it with a 10-year probation.

That disciplinary action stemmed directly from one taken earlier that year by the Oklahoma medical board, which place Hinkley on probation because of cocaine use.

Texas medical board records state that when he was disciplined in Oklahoma, Hinkley had a seven-year history of drug abuse and that he had been suspended from an Oklahoma hospital in 1988 after testing positive for cocaine use during a urine screening.

The Oklahoma board documented that Hinkley had been hospitalized once for "detoxification" and once for "disorientation secondary to drug abuse."

In 1989, he moved from Oklahoma to the Fort Worth-Dallas area at the request of the clinical director of the substance abuse program at Baylor Medical Center so that Hinkley could be "physically located in a support group," Texas' 1989 probation order states.