The Texas Department of Public Safety is urging motorists to be on the lookout for motorcyclists, and May has been deemed Motorcycle Safety and Awareness month.

Accidents like Keller’s stress the importance of drivers being aware of motorcyclists, who are more likely to be hurt or killed in a crash than any other vehicle drivers.

“It is the responsibility of the driver behind the wheel to be aware of motorcyclists, regarding them with the same respect as any other vehicle on the highway,” said The Colony Mayor Joe McCourry.

The DPS recommends that all drivers “Look Twice” and “Share the Roads” with motorcyclists, especially at intersections and when changing lanes. Most of the motorcycle crashes that occur are due to the vehicle driver never seeing the motorcyclist.

The number of motorcyclists killed in Texas has doubled since 2000, from 196 then to 472 last year, which represents 16% of all traffic deaths in 2011.

Keith Goolsbee, representing Bikers for Christ Texas, has some tips to help prevent motorcycle accidents:

• Take a second look before going through an intersection
• Look over your shoulder before changing lanes
• Allow plenty of space between you and a motorcycle rider
• Put cell phones away when driving
• Don’t drink and drive

The motorcycle accident attorneys at Parker McDonald support Motorcycle Awareness and Safety procedures and urge all drivers and riders to practice this awareness year-round, not just in May.

If you or a loved one has been injured in a motorcycle accident, then call our offices for a free consultation. Our attorneys have more than 55 years of legal experience and will fight to get what is owed to you.

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Robert Tucker, an attorney for Johnson & Johnson, told U.S. District Judge David Katz that, “The parties are in agreement that we would like to have a bellweather trial.”

A bellwether trial is a case hand selected by a Judge who is presiding over mass tort litigation to be the first case of many tried to a jury.  In this instance, Judge Katz will hand pick a few cases as bellwether cases.

In August of 2010, DePuy Orthopaedics, Inc. , subsidiary of Johnson & Johnson, voluntarily recalled its all metal ASR XL Acetabular Hip Replacement from the United States market. This recall came after data from the National Joint Registry of England and Wales indicated that the five-year failure rate of these products is approximately 13 percent, or 1 in 8 patients. The recall in the U.S. came nearly a year after the company withdrew the device from the Australian market.

Parker McDonald and Harrison Davis Steakley Morrison anticipate that Judge Katz will schedule the first bellwether trial for the spring or summer of 2013.

Parker McDonald and Harrison Davis Steakley & Morrison represent hundreds of clients across the country who have received the DePuy ASR XL Acetabular Hip System. The two firms have established a website, http://www.hipimplantrecovery.com, to provide the latest information for concerned defective hip implant patients and their families.

About Parker McDonald
Parker McDonald, P.C. offers comprehensive legal services for clients whose personal, business or property rights have been adversely affected. Built on years of trial experience, Parker McDonald lawyers are dedicated to a tradition of personal service and timely delivery of outstanding results.

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The medical examiner from Tarrant County ruled that his death was caused by accidental drowning. Foul play was never suspected in the matter, but the safety of the Mud Run has been questioned.

Weathers was participating in the short swim across the river, as part of the Original Mud Run obstacles, when he disappeared. Numerous videos show how chaotic the river was, with many contestants swarming in at around the time Weathers was crossing.

Mud Run officials said there were four lifeguards stationed around the water, but participants claim they didn’t see any.

The attorneys at Parker McDonald are very saddened by this tragic event. Better planning and organization could probably have prevented this. If you have lost a friend or loved one due to negligence, then contact the wrongful death attorneys at Parker McDonald. Our experienced legal team will guide you through the process.

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Luxury cars are supposed to have the best of the best right? According to a recent investigation by the National Highway Traffic Safety Administration (NHTSA) that is not always the case. The group has put BMW under a microscope after several reports revealed that certain models had defective mechanisms in traffic accidents.

The vehicles in question are those in the BMW 7 series manufactured between 2002-2008. The report indicates that the cars had a tendency to roll away once parked. Fifty drivers filed complaints with the Office of Defects Investigation after their vehicle began rolling away after they put it in park and turned off the ignition. In some situations, the car would be unattended once it started to move. The defect resulted in 16 crashes, 5 related injuries, and is estimated to affect 121,708 cars.

The investigation targets BMW 7 series, which have the push start and stop button and a transmission with electronic shift levers. It is believed that the button shifts the transmission out of park, while in other situations; it shifts back into park. The NHTSA has put the vehicles under an engineering analysis which can lead to recalls.

Owners of a BMW 7 series should be wary of these defects and contact their dealership for any recall updates. The NHTSA will release new information as their investigation continues. If recalls are made, an official letter will be sent to owners citing the problem areas and a suitable course of action. If you or a loved one has been involved in an accident connected to this defect, contact the personal injury attorneys at Parker McDonald Law. With millions of people on the road each day, accidents are bound to happen, but you don’t have to be a victim. For more information on motor vehicle safety, visit nhtsa.org or view our car accident page.

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According to The Star-Telegram, with damages estimated around $500 million, the April 3 tornadoes and hailstorms in North Texas is the eighth costliest storm in Texas history.  Mark Hanna, the spokesman for the Insurance Council of Texas, estimated that the tornadoes and storms damaged more than 25,000 homes and 45,000 vehicles.

Storm victims are now forced to handle claims with their insurance company, which can be daunting.

Insurance companies have legal obligations and duties when dealing with policy holders including responding promptly to claims, paying undisputed amounts that are owed, and most importantly, acting in good-faith. Brad Parker, attorney at Parker McDonald, P.C.  says, “Insurance companies are notorious for delaying their decisions and denying coverage. It is important to have an experienced and aggressive legal team on your side to pursue your claim.”

On the other hand, property owners have certain duties as well in order to ensure their claim. Parker says, “It is imperative for property owners to report the claim promptly, keep an accurate record of cost of repairs, and to cooperate with the carrier, among others. Before a property owner signs any release or waiver, they should always consult with an attorney.”

Parker notes “protect yourself and always remember that the insurance company does not have your best interests at heart.”

About Parker McDonald
Parker McDonald, P.C. has represented victims of bad faith insurance practices for a combined 55 years. The firm offers comprehensive legal services for clients whose personal, business or property rights have been adversely affected. Built on years of trial experience, Parker McDonald lawyers are dedicated to a tradition of personal service and timely delivery of outstanding results.

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“A great man with two business degrees and a dream of being a personal trainer,” said Lynetta Morre, Weathers’ trainer for the run.

Weathers competed in the competitive division of the Original Mud Run, which is a military-style obstacle course where participants run through mud pits, climb military ropes, and swim a river.

Weathers’ friends had lined up on a bridge and at the finish line waiting to take pictures, but, sadly, none of them would ever see Weathers again.

After a few hours of waiting on him to cross the finish line, Weathers’ girlfriend informed race organizers that he had never crossed. A search quickly began. A missing persons report was filed by Weathers’ family, but the search was suspended due to darkness before he was found. Weathers’ body was found the next morning.

Now, friends and family of Weathers are wondering how someone in great physical shape could die in this competition.

Did the organizers of the Mud Run fall short when it came to safety precautions? Some of the people who competed in the event think so.

According to the Mud Run website, you do not have to be able to swim in order to compete. It is recommended, but it states that there will be lifeguards and guide ropes to get participants across the river or an alternate route will be provided for those who don’t want to swim.

One participant who was in the water at the same time as Weathers said, “I was terrified and everyone around me was either crying or grabbing at me so they wouldn’t drown.” One participant even took to YouTube to explain what she saw.

Even though everyone who participated in the event had to sign a waiver, were the Mud Run organizers negligent? For instance, were enough lifeguards on hand around the water? Were there trained emergency personnel? Were the guide ropes in the river enough for swimmers to use to get across?

According to Mud Run officials, there were four lifeguards around the river, including two on a platform in the water and two guide ropes for swimmers to grab onto. Also, event officials say there was a first aid station at the start/finish line, roving monitors, and military trained Corpsmen.

A video shot during the race shows no lifeguards on the platforms and many participants screaming for lifeguards. Terrifying scenes for anyone, no matter what shape you are in.

The cause and manner of Weathers’ death are still under investigation.

At Parker McDonald we hope you never have to endure a terrifying ordeal like this. When a family member or friend suddenly dies because of negligence, then you want an experienced legal team to give you answers and guide you through a wrongful death suit. The wrongful death attorneys at Parker McDonald are experienced trial lawyers who will fight for your cause. Give us a call today and talk to our experienced legal team.

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According to JANUVIA’s website, “JANUVIA is a once-daily prescription pill that, along with diet and exercise, helps lower blood sugar levels in adults with type-2 diabetes.” The drug JANUMET combines JANUVIA with metformin to attempt to also lower blood sugar levels in adults.

Merck was notified by the FDA to perform post-market research on safety issues surrounding the two drugs. The FDA charged the pharmaceutical company to perform the studies after a number of complaints were filed about the drugs over a three year period. The complaints highlighted the development of acute pancreatitis.

The FDA proceeded to include the risk of pancreatitis in its prescription advisement and requested that Merck perform studies to dispute negative findings. The company agreed to complete the 3 month pancreatic safety study by March 15, 2011, but instead substituted it for a 12 month study done by an independent firm that was ultimately found inadequate.
The FDA could fine Merck up to $250,000 for its non-compliance, not including penalties. Merck had 30 days to submit a new study and six months to begin. Results from its research are still pending.

Information referred to in this release was reported by Anna Edney of Bloomberg.

About Parker McDonald
Parker McDonald, P.C. offers comprehensive legal services for clients whose personal, business
or property rights have been adversely affected. Built on years of trial experience, Parker McDonald lawyers are dedicated to a tradition of personal service and timely delivery of outstanding results. Parker McDonald has offices in Bedford, Fort Worth, Houston, Austin, and San Antonio.

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On June 27 and 28, 2012, the Orthopaedic and Rehabilitation Devices Panel of the Medical Devices Advisory Committee, which is part of the FDA, will meet to discuss metal-on-metal hip implants. According to the meeting announcement on the FDA’s website, the committee “will discuss current knowledge about the safety and effectiveness of Metal-on-Metal (MoM) hip arthroplasty systems.  FDA is convening this committee to seek expert scientific and clinical opinion on the risks and benefits of these types of devices based on available scientific data.”  The FDA will allow public comments on the issues to be submitted by May 9, 2012.

The FDA’s meeting will revolve around  “…mechanisms of failure, metal ion testing, imaging methods, local and systemic complications, preoperative and postoperative patient risk factors, as well as clinical followup considerations for patients with MoM hip systems (total and resurfacing)” as noted in the announcement see on the FDA’s website.

The decision to hold a committee meeting comes almost a year after the FDA issued 145 orders for post market surveillance studies to 21 manufacturers of metal-on-metal hip systems, including Zimmer Holdings, DePuy, Wright Medical, Biomet, and Smith & Nephew.

The FDA’s heightened scrutiny over metal-on-metal devices arose after DePuy Orthopaedics, Inc., subsidiary of healthcare giant Johnson & Johnson, recalled its metal-on-metal ASR XL Acetabular Hip System in the United States.  The recall came after data from the National Joint Registry of England and Wales indicated that the five-year failure rate of these products is approximately 13 percent, or 1 in 8 patients. Symptoms include loss of vision, severe pain, implant loosening, implant dislocation, and toxic heavy metal poisoning. Since the recall in August of 2010, there has been heightened scrutiny over the materials used in replacement hips. DePuy has also faced scrutiny overanother one of its devices, the metal-on-metal Pinnacle Acetabular Cup System.

Parker McDonald currently represents over 250 clients who have received a DePuy ASR or Pinnacle metal-on-metal hip implant. The firm has established a website, www.hipimplantrecovery.com , to provide the latest information for concerned defective hip implant patients and their families.

About Parker McDonald, P.C.
Parker McDonald, P.C. offers comprehensive legal services for clients whose personal, business or property rights have been adversely affected. Built on years of trial experience, Parker McDonald lawyers are dedicated to a tradition of personal service and timely delivery of outstanding results. Parker McDonald has offices in Bedford, Fort Worth, Houston, Austin, and San Antonio.

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In the Bloomberg article it is noted that the FDA released a statement claiming that it did not learn of the Prolift device until 2007 when the company sought approval for a similar mesh implant. Ethicon said it could market the Prolift without approval because of its similarity to a previously approved implant, the Gynecare Gynemesh. Bloomberg reported that Morgan Liscinsky, a spokeswoman for the FDA, said the “FDA disagreed with this assertion,” and concluded that distribution began “without appropriate” clearance. The Prolift was cleared by the FDA in May 2008.

Bloomberg reported that “a review of an FDA database of reported malfunctions, deaths or serious injuries shows the agency got 123 complaints about Prolift from 2005 to May 15, 2008, when the device won clearance.”

Ethicon’s conduct raises questions about the FDA’s controversial  510(k) clearance process. Companies rely heavily on the  510(k) process to ensure that their product will hit the market as soon as possible without the costs of conducting clinical trials.  This fast-paced approach used by manufacturers has come under review in recent years.

Transvaginal mesh is the most recent product to draw scrutiny. The number of complaints received by the FDA has increased in the past few years. In July of 2011, the FDA issued a safety alert to inform the public that serious complications are associated with transvaginal surgical mesh. In January the FDA ordered manufacturers to perform more conclusive studies on the safety levels of their surgical mesh implants.

Parker McDonald currently represents clients who have undergone surgery to receive transvaginal mesh. The firm will continue to monitor updates as well as the recall status of vaginal mesh implants. If you are a victim of a defective medical device, visit www.parkermcdonaldlaw.com or contact us at     800-990-4884.

About Parker McDonald, P.C.
Parker McDonald, P.C. offers comprehensive legal services for clients whose personal, business or property rights have been adversely affected. Built on years of trial experience, Parker McDonald lawyers are dedicated to a tradition of personal service and timely delivery of outstanding results. Parker McDonald has offices in Bedford, Fort Worth, Houston, Austin, and San Antonio.

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