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Mobile Home, Car Accident, Death

 BASTROP COUNTY, TEXAS – Deborah Sue Jackson and her son, Blake Anthony Jackson, were killed when their vehicle struck a mobile home being transported by a truck. Two other children, Deborah’s 13 year old son and 6 year old nephew, were in the vehicle with Deborah and Blake were treated to Dell Children’s Hospital and later released.

The accident occurred around 5 p.m. on Tuesday, February 9. The mobile home was hanging over in Jackson’s lane on FM 535. This is a two lane road with no shoulders.

The mobile home was being transported by Jorge Segovia-Polladio who is being charged with criminally negligent homicide. The Texas Department of Public Safety stated Segovia-Polladio did not have an approved permit nor was he being escorted by approved vehicles.

 

Motor Vehicle Size Limits and Permits in Texas

This section is in regard to the Texas statute in the Transportation Code, Title 7 (Vehicles and Traffic), Subtitle E (Vehicle Size and Weight).

Manufactured Housing

Within the statute, title, and subtitle above, this section is in regard to Chapter 623 (Permits for Oversize or Overweight Vehicles), Subchapter C (Manufactured and Industrialized Housing).

In reference to this case above, a mobile home being transported falls under the manufactured housing definition. A manufactured housing may be transported on the road, in whole, if it is constructed in a way that in cannot be dismantled or destructed. If this manufactured housing, while being transported, causes the motor vehicle to be outside the legal sizing limits for a motor vehicle, a permit is required to be moved over a roadway. In any instance that Texas has a law regarding the permit for movement of manufactured housing, a county or city may not require anything in addition to that state law.

Size Limitations

Within the statute, title, and subtitle above, this section is in regard to Chapter 621 (General Provisions Relating to Vehicle Size and Weight), Subchapter C (Size Limitations).

A motor vehicle may not be wider than eight and a half feet. However, a passenger vehicle, and its load, may not be wider than eight feet. The passenger vehicle rule does not apply to a motor bus or trolley bus operated exclusively within a city and its suburbs or within a county the city is located. Any load on a passenger vehicle may not extend more than three inches beyond the left side of its fenders or six inches beyond the right side of its fenders.

A motor vehicle, except for a truck-tractor, may not be longer than 45 feet. All motor buses between 35 and 45 feet must have air brakes, three or more axles, and at least four tires on the rear axle to operate on a highway. House trailers, towable recreational vehicles, and motor vehicle combinations may not be longer than 65 feet.

A motor vehicle may not be higher than fourteen feet. Any motor vehicle between thirteen and a half and fourteen feet must be ensured for all vertical clearances in its path by its operator. Any damage due to the height of the motor vehicle is the responsibility or the owner of the motor vehicle.

Within the statute, title, and subtitle above, this section is in regard to Chapter 622 (Special Provisions and Exceptions for Oversize or Overweight Vehicles), Subchapter Y (Miscellaneous Size Exceptions).

Certain width and length exceptions that do not require a permit can be found in this subchapter.

Permits and Other Requirements

 

Within the statute, title, and subtitle above, this section is in regard to Chapter 623 (Permits for Oversize or Overweight Vehicles), Subchapter C (Manufactured and Industrialized Housing).

 

Any vehicle that does not conform to the size limitations above or falls within the exceptions above requires a permit. If the owner of the vehicle does not have a permit allowing the motor vehicle to be used on the roadways, the owner is subject to civil and criminal penalties.

The owner of the manufactured housing must apply for and receive a permit allowing the manufactured housing to be transported on the roadways. The permit must have the combined necessary dimensions (height, width, length) of the manufactured housing and the towing vehicle, the identification number of the manufactured housing, the owner’s name, the origination and destination locations of the manufactured housing, and the route that will be taken for the transportation.

A permit to transport manufactured housing is valid for five days and may be issued for a single trip or recurring annual trip to a temporary location no further than twenty miles from the manufacturing facility. A copy of the permit must be carried in the vehicle transporting the manufactured housing.

If the manufactured housing is wider than twelve feet, either one rotating amber beacon of at least eight inches must be mounted at the rear of the roof of the manufactured housing or two rotating amber beacons of at least eight inches must be mounted on the rear corners of the manufactured housing at least six feet above ground level. The beacons must be in operation at all times on the roadway.

If the manufactured housing width is between sixteen and eighteen feet, one escort flag vehicle must precede the house on a two lane road or follow the house on a road with at least four lanes. If the house is longer than eighteen feet, one escort flag vehicle must precede and one must follow the house. Each escort flag vehicle must have two lights flashing simultaneously or one rotating amber beacon. The lights must be visible from the front and rear. The escort flag vehicle must have one flag on each of the four corners of the vehicle. Each escort flag vehicle must have signs on the front and rear of the vehicle with black letters on a yellow background that says “wide load.” Each letter must be at least eight inches tall.

All transportation of manufactured housing must occur in the daylight. Transportation may not occur on a national holiday.

 

Legal Commentary

 

Victims of motor vehicle accidents should consult with an experienced personal injury attorney to file claims against the parties at fault to help the families pay for costly medical and funeral expenses, as well as compensation for lost wages and pain and suffering. Our firm represents individuals and families who are affected by motor vehicle accidents. Although no monetary amount can compensate for a lost loved one, a successful civil claim against the at-fault driver will enable the victim’s family to cover any medical or final expenses, leaving them more time to focus on the grieving process during this trying time. If you or a loved one has been injured by a motor vehicle accident, contact the experienced attorneys at Fears | Nachawati Law Firm by sending an email to mn@fnlawfirm.com , or by calling our office at 1-866-705-7584.

Wrongful Death, Nanny, Baby

On January 14, 2013, Irish nanny Aisling Brady McCarthy was babysitting a 1 year old girl, Rehma Sabir, she had watched for six months in Cambridge, a suburb of Boston. Something occurred and the baby suffered a catastrophic brain swelling and bleeding which ultimately ended her life.

Shortly thereafter, McCarthy was charged with the murder of the little girl. The theory was that McCarthy shook the baby which caused the brain injury. McCarthy spent two years in prison fearing for her life since “baby killers” were considered the lowest of the low. Over time the prisoners all believed she was innocent. Two attorneys took her case and were able to free her from her life sentence due to a lack of evidence that could prove beyond a reasonable doubt McCarthy was guilty.

Now five months removed from prosecutors dropping the murder charges and with McCarthy back in her home of Ireland, the family of the deceased girl has filed a wrongful death claim against McCarthy. The wrongful death claims states that McCarthy is responsible for the death of their daughter due to McCarthy’s “negligent, malicision, willful, wanton, reckless and/or grossly negligent acts.” According to the father, they will drop the claim if McCarthy signs an agreement stating she will not to profit from the incident. They said they will not even ask McCarthy to sign an admission of culpability.

Wrongful Death in Texas

This section is in regard to the Texas statute in the Civil Practices and Remedies Code, Title 4 (Liability in Tort), Chapter 71 (Wrongful Death; Survival; Injuries Occurring Out of State).

What qualifies as a wrongful death claim? Who is liable?

This section is in regard to the above named Texas statute under Subchapter A (Wrongful Death).

The first thing to know about wrongful death claims in Texas is that a claim may only be brought by someone if the individual who died would have been able to bring a claim for the injury that caused their death if the individual would not have died. A wrongful death claim may be brought by one or more of the surviving spouse, children, and parents of the deceased. Even if only one brings the action, all of the qualified plaintiffs may benefit.

It is important to understand is that Texas qualifies unborn children, from conception to the moment just before birth, as individuals with rights. The plaintiff is required to provide evidence that the mother was pregnant at the time of the unborn child’s death. Therefore, if an unborn child cannot be born alive because of the actions of another, a wrongful death claim may be pursued against the liable party. A liable party can be an individual person, a group of people, a person’s representative, or a company. If a liable party is an individual that dies before the completion of a wrongful death lawsuit, the executor or administrator of the liable party’s estate may be named the defendant. However, a liable cannot be:

·         The mother of an unborn child;

·         A doctor or other health care provider who performed a consented medical procedure and death was the intended result;

·         A party who lawfully gave a drug to another and death resulted from using that drug; or,

·         A doctor or other medical provider performed a lawful medical procedure and death resulted.

The most common reason for wrongful death cases is the wrongful action, neglect, carelessness, unskillfulness, or default of a liable party. A wrongful action is doing something the liable party should not have done such as intentionally pushing a ladder over while someone is on it. Neglect is not doing something the liable party should have done such as not putting warning notifications where a hazard exists. Carelessness occurs when the liable party is not being careful such as a medical provider not following the proper protocol when handling a sick patient. Unskillfulness of a liable party happens when the liable party is not qualified to do something such as someone getting shot at a gun safety class because a brand new, unsupervised instructor-in-training was leading the course. Default is the failure of the liable party to do something required by law such as a company not pulling children’s toys off of store shelves when the government recalls the products because the paint has too much lead.

What if the deceased died in another state or country?

This section is in regard to the above named Texas statute under Subchapter C (Act or Omission Out of State).

Even if the deceased died outside of Texas, it is still possible for Texas to be the venue of the lawsuit. If Texas is the venue, then Texas law must apply. The four requirements for this to occur are:

1.       A law in Texas, the other state, or the other country allow for the case to be held in Texas;

2.       The case began within the necessary time frame that Texas requires under its statute of limitations for that type of case;

3.       The case began within the necessary time frame the other state or country requires under its statute of limitations for that type of case; and,

4.       Only if another country is involved, that country has equal treaty rights with the United States on behalf of that country’s citizens.

 

What happens to lawsuits still pending that the deceased is a plaintiff?

This section is in regard to the above named Texas statute under Subchapter B (Survival).

If the deceased had lawsuits still in motion at the time of death, the lawsuits are still alive. Any award or compensation earned through the lawsuits would go to the heirs, legal representatives, and estate of the deceased. The cases will continue as if the deceased were still alive.

Legal Commentary

When unexpected deaths like that mentioned above occur, it is important that the victim’s family members meet with an attorney to weigh their options, and establish an effective plan of action for filing a wrongful death claim. Filing a wrongful death claim against the responsible party will protect the surviving family members from being burdened with expensive, unexpected medical bills, and final expenses. Using an attorney to negotiate with the insurance companies and handle all of the legal aspects of the accident gives the grieving family members more time to do just that - grieve, spend time together, and work towards finding closure after experiencing such a tragic loss. Losing a loved one is never easy to endure, but being distressed over medical and final expenses are burdens that an experienced wrongful death attorney can help mitigate for the victim’s family. If you have been directly affected by an incident that caused the wrongful death of a loved one like the story mentioned above, the successful wrongful death and personal injury attorneys at the Fears | Nachawati Law Firm can give you the legal guidance and representation needed to successfully pursue a wrongful death claim against the party held liable. For a free consultation, email us at mn@fnlawfirm.com or call our office at 1.866.705.7584.

Fears | Nachawati Co-founder Makes Donation to Crime Victims' Compensation Fund

Majed Nachawati, a co-founder of Fears | Nachawati Law Firm, recently completed a three month term as The Grand Jury Foreman of a Dallas County Grand Jury.  In honor of the fine job the Dallas County District Attorney's Office does on a daily basis, Mr. Nachawati has donated 100% of the income he received to The Texas Crime Victims' Compensation Fund. The CVC is administered by the Office of the Attorney General and is dedicated to ensuring that victims of violent crime are provided financial assistance for crime-related expenses that cannot be reimbursed by insurance or other sources. 

www.texasattorneygeneral.gov/cvs/crime-victims-compensation

 

Fears | Nachawati Partner is Appointed to Legal Ethics Commitee

We are proud to announce Fears | Nachawati Partner, Majed Nachawati, has recently been appointed to the Legal Ethics Committee by the Dallas Bar Association for the 2016 year. The Legal Ethics Committee is responsible for facilitating and planning ethics presentations for Dallas County Attorneys on an annual basis.   As a member of the ethics committee, Mr. Nachawati is proud to dedicate his time and efforts to the continuing education of Dallas County’s 11,000 attorney members.  Information about the firm or Mr. Nachawati can be found at www.fnlawfirm.com or by calling the firm at 1.866.705.7584.

Lethal Shards from IVC Filter Killing and Injuring Patients for Years

 

NOVEMBER 2015 - Reports first surfaced in 2005 that the radial arms and struts of medical equipment manufacturer Bard’s Recovery IVC Filter had broken off inside the body of patients. Since that time the U.S. Food and Drug Administration (FDA) has received around 1000 adverse reports involving the filters, primarily regarding the IVC filters fragmenting and embolizing inside the body. Due to these reports, made by both physicians and patients, and extensive research of the filters, the FDA urged physicians to consider the risks before recommending the IVC Filter be installed in patients who are ineligible for anticoagulation therapy. The FDA also recommends that the filters be removed as soon as the risk of Pulmonary Embolism has passed.

Despite the FDA’s warning, Bard’s redesigned IVC Filter has been implanted in more than 65,000 patients. A recent study of 258 IVC filter patients in Ohio indicated that tilting of the filter is a primary cause of failure when retrieving the IVC filter, but the study also mentioned that there was limited proof that "such filters should function as safe, permanent filters." The latest information featured recently on the NBC Nightly News also questions the safety of these deadly devices.
 
Legal Commentary
Fears Nachawati represents families who are victims of the dangerous and life threatening effects following IVC filter surgery. If you or a loved one experienced any issues because of an implanted or removed IVC filter, we encourage you to consult with one of our IVC Filter attorneys as soon as possible. A successful civil claim against the responsible party will ensure relief from the burden of costly medical expenses. We will also pursue compensation for the pain, suffering, and lost wages for time missed from work as a result of IVC filter complications. Further questions can be directed to the Fears | Nachawati Law Firm by emailing Majed Nachawati at mn@fnlawfirm.com, or by calling our office at +1.888.352.4850.
 
About the Author
Majed Nachawati is a preeminent Pharmaceutical Products Liability Lawyer who represents patients and surviving family members of fatal IVC filter procedures nationwide. Mr. Nachawati has successfully resolved numerous cases, with proven results in seven and eight figure confidential settlements. He serves with prominent legal organizations, such as the Grievance Committee for the State Bar of Texas, the Board of Directors of the Texas Trial Lawyers Association, the Board of Directors for Public Justice, a Leaders’ Forum, and The Million Dollar Advocates Forum. 
 
Mr. Nachawati is licensed to practice before the Supreme Court of Texas and Arkansas, as well as most federal courts in the nation. He also holds specific licenses in the Northern, Southern, and Eastern Districts of Texas. Texas Monthly Magazine has recognized Mr. Nachawati as a Super Lawyer for six consecutive years for his legal excellence in connection with pharmaceutical injury cases. Contact Mr. Nachawati through his website at http://cases.fnlawfirm.com/ivcfilter, by email at mn@fnlawfirm.com or by calling +1.888.352.4850.

Ethicon Trial in Dallas Reports Testimony on TVM Dangers

NOVEMBER 2015 - Johnson & Johnson's Ethicon Prosima device is the center of a trial in progress currently in Dallas. The testimony stated that although medical professionals were aware that there are safer natural alternatives to the mesh product, doctors proceeded to permanently implant a temporary vaginal support device that may be defective. Ethicon's victims, like Carol Cavness suffered chronic pain, bleeding, tissue erosion, and infections. Patients implanted with Ethicon's Prosima device risked the need for additional surgeries at a higher risk. The testimony also revealed defects in the Prosima mesh, as well as Ethicon's failure to provide sufficient instructions and information regarding the side effects, adverse effects, and potential complications. Ethicon responded in court that the pharmaceutical company is not liable, stating that the injuries were caused by pelvic floor disorder unrelated to the Prosima transvaginal mesh surgery. The previous trial in April 2014 resulted in a $1.2 million verdict. A New Jersey court awarded $3.35 million in 2013 in a similar case.

 
Legal Commentary
Our firm represents the victims of transvaginal mesh surgery side effects and injuries. If you or a loved one has experienced any complications caused by transvaginal mesh surgery, you should contact one of our attorneys as soon as possible. A successful civil claim pursued against the responsible party will ensure the victims are not burdened with costly medical expenses, and will hopefully compensate them for their pain, suffering, and lost wages for time missed from work. Further questions can be directed to the Fears | Nachawati Law Firm by emailing the lead MESH lawyer, Majed Nachawati at mn@fnlawfirm.com, or by calling our office at +1.877.222.3284.
 
About the Author
Majed Nachawati is a preeminent Pharmaceutical Products Liability Lawyer who is focused on compensation for the victims of transvaginal mesh complications. To date, Mr. Nachawati has achieved successful results in recent products liability cases, including seven and eight figure confidential settlements. He holds specific licenses in the Northern, Southern, and Eastern Districts of Texas and is licensed to practice before the Supreme Court of Texas and Arkansas, as well as most federal courts in the nation. Many prominent legal organizations have named Mr. Nachawati to serve in a leadership role. He is a member of the Board of Directors of the Texas Trial Lawyers Association, the Board of Directors for Public Justice. He also serves on the Grievance Committee for the State Bar of Texas. Mr. Nachawati is a member of a Leaders’ Forum, a PAC member of the American Association for Justice, and a member of The Million Dollar Advocates Forum. Texas Monthly Magazine named him as a Super Lawyers Rising Star for the past six years in recognition for his legal excellence. Mr. Nachawati can be reached through his website at transvaginalmeshcompensation.com, by email at mn@fnlawfirm.com or by calling +1.877.222.3284

Fears Nachawati Retained by Family of Elderly Couple Killed by Drunk Driver

Fears | Nachawati Law Firm has been retained by the family of an elderly couple who were killed by a drunk driver earlier this month in a Fort Worth neighborhood. The other driver was arrested at the scene on charges of intoxication manslaughter.  The couple’s family is still seeking answers regarding the crash and has turned to Fears| Nachawati Partner, Majed Nachawati to hold the drunk driver and whoever served the driver accountable.
 
Mr. Nachawati has successfully represented numerous families in connection with serious personal injury and wrongful death cases. Legal inquiries and questions can be directed to our firm by calling 1-866-705-7584 or by visiting the firm’s website -  www.fnlawfirm.com.  
 
Media coverage concerning the crash is featured on WFAA news. 
 

PA Woman Suffers Deep Bone Infection 10 Days After Hip Replacement Surgery with Bair Hugger Forced Air Warmer

 

NOVEMBER 2015 - A Pennsylvania woman was in the hospital for 10 days following her hip replacement surgery. As soon as she left the hospital, she was hospitalized again the very next day. The doctors found that she suffered a deep bone infection after the hip replacement surgery where a Bair Hugger Forced Air Warmer had been used to regulate her body temperature.
 
Reports show that serious infections developed in hip replacement patients when the surgical facility used a product known as the Bair Hugger.  The Bair Hugger is a forced air warming blanket used to maintain normal body temperature during surgical procedures. If you or a loved one has developed a serious infection after hip replacement surgery, you may be entitled to compensation for your medical bills and pain and suffering incurred as a result of the use of the Bair Hugger forced air warmer.  With an army of over 20 lawyers and a staff of 50 support personnel, our experienced defective medical device lawyers are available to provide a free consultation to review your case.  See our website at http://www.hipreplacementinfection.com or call us at +1.866.516.1993 to discuss your legal options today.
 
About the Author
Majed Nachawati is a dedicated Bair Hugger Lawyer focused on representing victims and families harmed by this dangerous medical device nationwide. Mr. Nachawati has successfully resolved numerous dangerous medical device cases, resulting in seven and eight figure confidential settlements. He is on the Grievance Committee for the State Bar of Texas. He is licensed to practice in the Northern, Southern, and Eastern Districts of Texas. Mr. Nachawati is a member of the Board of Directors of the Texas Trial Lawyers Association, the Board of Directors for Public Justice, a Leaders’ Forum and PAC member of the American Association for Justice. Mr. Nachawati has been recognized as a Super Lawyer in Texas Monthly Magazine for the past six consecutive years for legal excellence, in connection with noteworthy settlements for surgical injury cases. Mr. Nachawati can be reached by email at mn@fnlawfirm.com or by calling +1.866.516.1993

New Hope for Pradaxa Patients due to Humanized Antibody Fragments

 

humanized antibodies - image credits Wikipedia

 
NOVEMBER 2015 - Pradaxa patients may have a better chance of surviving emergency surgeries, due to a recent study using 5g of idarucizumab (humanized antibody fragments). In critical cases, such as patients with uncontrolled bleeding, intracranial hemmorrhage, or severe trauma following an automobile accident, there is a marginally improved chance for the patient to survive invasive procedures. The specific study mentioned that the timing of the treatment is crucial, such as administering the anticoagulant within four hours. Normal results occurred 92% of the time, under controlled circumstances in the study from Boehringer Ingelheim. Results of the study were presented at the European Society of Cardiology Congress 2015.
 
Legal Commentary
Our Pradaxa attorneys at Fears Nachawati are studying, examining and investigating current Pradaxa claims on behalf of patients and their families who may have been injured by the drug. If you or a loved one has experienced any side effects while taking Pradaxa, contact our Pradaxa lawyers to discuss the facts of your potential case. We are available by phone for a free consultation at +1.866.694.6774 or by email at mn@fnlawfirm.com.
 
About the Author
Majed Nachawati is a dedicated Pradaxa Lawyer who is focused on representing victims and families harmed by dangerous drugs nationwide. Mr. Nachawati has resolved numerous medication cases successfully, with proven results, such as seven and eight figure confidential settlements. Texas Monthly Magazine recognized Mr. Nachawati as a Super Lawyer for the past six years. He is a member of many prominent legal organizations, including: the Grievance Committee for the State Bar of Texas, Board of Directors of the Texas Trial Lawyers Association, Board of Directors for Public Justice, PAC member of the American Association for Justice, a Leaders' Forum, and the Million Dollar Advocates Forum. Mr. Nachawati is licensed to practice in the Northern, Southern, and Eastern Districts of Texas. Contact Majed Nachawati through his website http://bloodthinnerlawfirm.com, by email at mn@fnlawfirm.com or by calling +1.866.694.6774