Pharmaceutical Litigation And Personal Injury Law Blog

Work has to be done to achieve 0 traffic fatalities by 2050

On behalf of Reich & Binstock posted in Truck Accidents on Friday, June 21, 2019.

On June 6, the Texas Transportation Commission (TCC) announced their plans for reducing fatal roadway crashes across the state to zero by 2050. They noted that their initial goal is to reduce these deadly crashes by at least half what they currently are by 2035.

When making their first public statement on the matter, the TCC, part of the Texas Department of Transportation (TxDOT), pointed out what motivated them to set this goal. They noted that the state has some of the deadliest highways in the country. There are currently, on average, 3,900 traffic fatalities in Texas per year.

2 Emcure drugs are recalled for microbial contamination

On behalf of Reich & Binstock posted in Defective Drugs on Friday, June 7, 2019.

Two drugs, one injection fighter and another used to treat schizophrenia, have been recalled for potential contamination. The Indian company Emcure Pharmaceuticals produces the drugs. They're then distributed by Heritage Pharmaceuticals here in the United States. The factory where the drugs are manufactured has long had problems with sterility.

The New Jersey-based Heritage Pharmaceuticals voluntarily recalled the drug in a press release made public on May 25. In their announcement about the recall, the distribution company outlined how two of the Emcure's drugs appear to have microbial contamination. The recall affects prochlorperazine edisylate (PE), a schizophrenia drug, and amikacin sulfate (AS), an infection fighter.

The problem with distracted driving in Texas

On behalf of Reich & Binstock on Monday, June 3, 2019.

As you've been driving on a Texas road, you probably noticed instances of distracted driving. Maybe you looked over to see a driver applying make-up while driving, or perhaps you passed someone on the interstate who was swerving only to see as you drove by that he or she was texting. From eating to surfing Facebook to changing the station on the radio, people do many things that are dangerous while driving.

Since 2017, Texas law states that it is illegal to look at a phone, type something or send a message with a phone while driving. Distracted driving is a term that pertains to many different types of behaviors, including anything that takes a driver's eyes off the road or attention from the task at hand. Phone use is the leading cause of distracted driving, which in turn is one of the leading causes of car accidents in the country.

A circular surgical stapler is recalled after injuring 2 patients

On behalf of Reich & Binstock posted in Defective Medical Devices on Friday, May 24, 2019.

Late last month, the U.S. Food and Drug Administration (FDA) issued a recall of a circular surgical stapler, called Ethicon. The device, which was manufactured by Johnson & Johnson, is considered to be a high-risk Class I recall.

In a statement released by the FDA, they noted how more than 92,000 units are affected by this recall. They pointed out that the device misfired staples on at least two occasions.

What dangers does a truck's unsecured load pose?

On behalf of Reich & Binstock posted in Truck Accidents on Friday, May 10, 2019.

Although it goes against U.S. Department of Transportation (DOT) regulations to do so, many Texas truckers take their chances and drive with unsecured loads all the time. This doesn't only pose an enormous danger to themselves but also anyone that they share the road with here in Houston.

There are many reasons that loads may go unsecured. Unless the truck's operator supervises the loading of their trailer, then the shipper may not take the time to activate the load straps or bars to hold everything in place.

Beware of hacking of your Medtronic pacemaker or defibrillator

On behalf of Reich & Binstock posted in Defective Medical Devices on Thursday, April 25, 2019.

Earlier this month, the U.S. Food and Drug Administration (FDA) issued a warning to patients that have previously been outfitted with Medtronic pacemakers and defibrillators. They noted that their wireless communication systems (WCS) can be hacked into by cybercriminals.

In their statement, the FDA acknowledged that these devices are particularly vulnerable to being hacked into because their WCS is unencrypted. They note that this leaves their device open to being modified by outside forces. If they were hacked into, this could rob patients of their lives.

Houston cities petition for funding to help curb truck accidents

On behalf of Reich & Binstock posted in Truck Accidents on Thursday, April 11, 2019.

It doesn't matter where you live, whether it's Katy, Missouri City, Sugar Land, The Woodlands, Baytown, Pearland or Pasadena, traffic is heavy in virtually every part of Houston. Truckers pass through the city as they head to or from the port of Galveston hauling goods. While tractor-trailers play an integral role in the city's economy, they present a safety hazard to many of the city's residents and visitors.

If you look at the large potholes or cracks in the pavement, then you realize how many large, heavy trucks drive down Houston's streets each day.

Think again before you take your blood pressure medication

On behalf of Reich & Binstock posted in pharmaceutical injury on Friday, March 29, 2019.

The U.S. Food and Drug Administration (FDA) issued a recall of additional lots of the blood pressure medication Losartan on March 15. In announcing the voluntary recall, federal regulators and Legacy Pharmaceuticals Packaging, LLC, the drug's manufacturer, said that it may have been contaminated by a cancer-causing chemical.

Losartan potassium tablets are the latest type of hypertension drug to be recalled by the FDA. The lots that have been affected are Legacy Lot numbers 180190 and 180191, both with an expiration date of 10/2020 and 181597, which expires on 02/2021.

Don't Inhale: The Dangers of Benzene

On behalf of Reich & Binstock posted in Defective Drugs on Tuesday, March 26, 2019.

Houston, TX...The Energy Capital of the World houses the headquarters of more than 500 oil and gas exploration and production firms in the country. With this concentration of chemicals comes the risks of contamination or exposure. Unfortunately, a fire at the Intercontinental Terminals Company located in Deer Park, a suburb of Houston, caused elevated levels of Benzene in the area on Thursday morning.

Discoveries in Texas Court Part 5: Depositions

On behalf of Reich & Binstock on Monday, March 18, 2019.

Welcome to our final entry of the series on the discovery process in Texas court. As you know, discovery is where both parties gather information before a trial to facilitate a smooth and simple process. By this point the compilation of information is nearly complete through interrogatories, and request for production, disclosure, and admission. And now, depositions are the final part of discovery.

Depositions are interviews of parties to the case, as well as third parties (such as witnesses) with information about the case. Although depositions do not take place in a court room, similar rules apply. The lawyers are present, the witness is sworn in by a court reporter, and must answer questions honestly. A stenographer records the interview, which is submitted to the court. For convenience, the rules around the rigidity of deposition allow plenty of wiggle room. Depositions can by done over the telephone or videoed in person (without a stenographer). In Texas court, a deposition video can even be used in lieu of a live testimony.

A notice of intent will be served within a reasonable time of the deposition. The deponent will be notified to appear for a deposition through their attorney. If the deponent is a third party, a subpoena is served for the person to show up at a certain time and place to give their deposition. The notice also includes the identity of the witness, the means of conducting the recording, and any additional attendees.