Left at bus station, mental patient dies

The Law Firm of Fears & Nachawati is committed to fighting for the rights of seniors or the mentally disabled.  This story is both shocking and unacceptable, The Wrongful Death & Medical Malpractice attorneys of Fears & Nachawati are experts at fighting for families facing the wrongful death of a loved one.  Quoting Brian Fears " My firm is dedicated to protecting and fighting for the rights of citizens of the great state of Texas.  The Padilla family expects to have their questions answered and so far the state hospital's response isn't satisfactory. I have news for them, your patient is dead and you need to help this family understand what really happened."

If you need help please contact the firm of Fears & Nachawati at 214-890-0711 or email Majed Nachawati @ mn@fnlawfirm.com

No one knows how Raquel Padilla died. Not police. Not medical examiners. And not her family members, who had entrusted her to the San Antonio State Hospital for people with serious mental illness.

About the only thing clear about her final days is that Padilla, who was 54 and had schizophrenia and mild mental retardation, had been in the care of state hospital workers Dec. 20 when they handed her a bus ticket home to Del Rio and dropped her off at the downtown Greyhound Bus Station.

Three days later, she was found dead.

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Supreme Court rules in favor of State rights

At issue was a lawsuit by Vermont guitarist Ms. Levine, who lost an arm to gangrene after Wyeth's anti-nausea drug Phenergan was inadvertently injected into one of her ateries during a push IV injection. Ms. Levine had gone to a clinic for treatment of a migraine headache.

Ms. Levine argued that Phenergan's labeling, though approved by the Food and Drug Administration, didn't provide proper warnings of the risk of administering the drug through a push IV injection instead of using an IV-drip. A Vermont jury awarded her damages.  The Vermont Supreme Court upheld the award, FDA drug regulations don't prevent a company from being sued under state law over drug labeling.

Wyeth argued that Ms. Levine's lawsuit, which was based on Vermont law, should be preempted by federal drug regulations.  The FDA, Wyeth said, knew of the drug's risks and benefits and instructed the drug maker to use labeling that accommodated both.

Washington--The U.S. Supreme Court, in a major loss for pharmaceutical manufacturers, ruled 6-3 Wednesday that a Vermont woman, Diana Levine, is entitled to a 6.7 million judgement against Wyeth for injuries she suffered after taking one of the drug maker's medicines.

Majed Nachawati of the Law Firm of Fears & Nachawati was quoted as saying " This is a victory for every person injured or family destroyed due to very similar circumstances."  The Law Firm of Fears & Nachawati can be contacted for a free consultation at 214-890-0711 or MN@fnlawfirm.com

NTSB official sees threat in cell phone use

If a family member has been injured because of negligence by a train operator, contact our law firm immediately for a free consultation and case analysis at 214-890-0711 or MN@fnlawfirm.com.  The Personal injury attorneys of Fears & Nachawati are standing by to assist you through this difficult time.

WASHINGTON (AP) -- The numerous safety violations that contributed to a deadly train crash in California last year have some federal officials asking whether the crash was an isolated incident or part of a more widespread problem, particularly with cell phone use by crew members.

A National Transportation Safety Board panel held a second day of hearings Wednesday concerning the crash that killed 25 people and injured at least 130. The crash occurred when a Metrolink passenger train failed to heed a red traffic signal and ended up on the same shared track with a Union Pacific freight train, officials said. The two trains collided head-on.

Federal investigators on Tuesday released the transcript of 43 text messages sent and received by the engineer of the Metrolink train, Robert Sanchez. The engineer also made four phone calls the day of the collision, federal records show.

Sanchez was killed in the crash.

Kitty Higgins, an NTSB board member, said that rules in place should have stopped Sanchez from using his cell phone while on duty. But inspections designed to deter cell phone use didn't seem to have much effect because people change their behavior when they know they're being watched.

"I think it's very widespread," Higgins said of cell phone use by train crews. "And I was not very impressed with the answer 'we don't know how to enforce this' (ban). We know it's an issue with the industry."

She said that cell phone use has become part of everyday life, so dealing with the problem won't be easy.

"It's ubiquitous. It's everywhere," she said. As she spoke, a cell phone rang in the hearing room, underscoring her point.

Before the accident, most rail companies had their own policies restricting cell phone use by crew members. Shortly after the wreck, the Federal Railroad Administration issued an emergency order banning use of cell phones and other electronic devices by rail workers on duty. Since then, agency inspectors have found six people who violated the rule, agency spokesman Rob Kulat said Wednesday.

The NTSB panel also heard from union officials who recommended that all passenger, freight and commuter trains employ two workers in the cab. Often an engineer works alone in the locomotive cab while the conductor is performing other duties.

"There are occasions where something's going to happen. A second set of eyes, in our opinion, would go a long way in preventing accidents," said William Walpert of the Brotherhood of Locomotive Engineers and Trainmen.

But Higgins expressed doubts about the union's recommendation. She pointed out that an accident involving another Metrolink train occurred weeks after the deadly September crash and the implementation of the new policy that put a second worker in the cab.

"I can understand from the unions' standpoint why they would like more employees driving these trains, but from a safety standpoint, I think the jury's still out as to whether that's the formula for solving this problem," Higgins said.

The United Transportation Union, which represents railroad, bus and mass transit workers, says it supports adding a second person and a camera so long as the cameras are "not used to arbitrarily impose discipline on the workers," said union spokesman Frank Wilner.

With a second person in the cab, "the probability of an accident goes down with that sort of peer pressure and the monitoring of each other," Wilner said in an interview.

Witnesses representing the California Public Utilities Commission said the commission conducted an audit of the Metrolink system in January 2009. The audit showed numerous reporting and record-keeping mistakes, which led the commission to recommend fines by the Federal Railroad Administration.

Of the 189 train collisions that occurred nationwide last year 163, or 86 percent, were caused by "human factors," according to Federal Railroad Administration statistics.