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March 2009 Archives

Texas Accidents Caused by Mexican Trucks

Mexican long-haul trucking companies were given increased access to Texas highways by the free trade treaty signed in 1993 between the United States and Mexico. The trans-border trucking program was intended to ease trucking shipments between Mexico and the United States. The program was halted because of safety issues with the trucks and drivers from Mexico. In 2007 a small pilot project that was intended to give a small number of Mexican carriers access to Texas highways attempted to show that trucks and drivers from Mexico would not endanger drivers within the United States.

FDA Influenced by Lobbying

On March 6, 2009 in an article entitled "Political Lobbying Drove FDA Process” the Wall Street Journal chronicled how a medical device manufacturer had its product that is intended to be implanted into patients knees quickly approved because of its lobbying efforts. The medical device had the normal review and investigation short circuited.

FDA Stuggles to Fullfill its Mission

The Food and Drug Administration (FDA) is responsible for researching and approving new medicines, staying abreast of those medicines on the market, regulating medical devices, and monitoring and ensuring the safety of approximately 80% of our food supply. Most people don’t realize the FDA also regulates many devices that emit radiation such as cell phones, computer monitors, as well as a host of other products. The FDA also regulates cosmetics and many products used in the production of food, including animal feed.

Motorcycle Helmets May Reduce Injuries

It was recently reported by the Texas Department of Public Safety that a motorcycle accident north of San Antonio claimed the life of the motorcycle driver. It was also reported that the motorcycle driver was not wearing a helmet. Most safety experts agree that wearing a motorcycle helmet decreases the likelihood of a cycle crash fatality by approximately 35 to 40 percent.

Brake Lamp Failures Can Cause Auto Accidents

It is likely that there will be one or more motor vehicle collisions in San Antonio, Texas involving recalled vehicles. What is interesting is whether any of the lawyers or investigators will take the time to determine whether a recall on any of the vehicles may have contributed to the accident and therefore the injuries.

Nursing Home Investigations Shielded by Bush Rule - Harmed Residents Suffer the Fallout

More and more Americans rely on nursing homes to provide care for elderly parents and grandparents. Unfortunately, many nursing homes are understaffed and are not providing the level of care that is required. In addition, there are many cases of outright abuse of elderly residents. The Bush Administration, last fall before leaving office, enacted a rule that designates state nursing home inspectors and all Medicare or Medicaid contractors as federal employees. This simple change of designation can have profound impact on any legal action concerning neglect or abuse that occurs in nursing homes. By designating these investigators as federal employees, these individuals are much more shielded from providing evidence. In order to obtain depositions of these investigators and information contained in the files, litigants will now have to go to much greater lengths, and incur much greater expense, in an effort to attempt to retrieve inspection reports or to obtain depositions in cases.

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