Tuesday, September 5, 2023

Expectant Mothers Face Limited or No Access to Prenatal Care

New Study Reveals: Millions of Expectant Mothers in the US Face Limited or No Access to Prenatal Care

A staggering 5.6 million women of a reproductive age in the United States are currently grappling with poor access to prenatal care, a concern exacerbated by the increasing rate of what's termed "maternity care deserts". According to a comprehensive research report by March of Dimes, 36% of counties across the US now fall under the classification of "maternity care deserts" (which means, they don’t have any birthing centers or obstetric service providers). Moreover, this recession and high cost of living are not helping things.

This report from March of Dimes has been published in the midst of a US healthcare sector that is wrestling with a significant lack of access to maternal health. Multiple independent studies have underscored that the US suffers from the most unfavorable maternal health outcomes and the most pronounced maternal health disparities among developed nations.

Dr. Elizabeth Cherot, President and CEO of March of Dimes, emphasized that a person's ability to have a healthy pregnancy and birth shouldn't be determined by their geographical location and access to consistent, high-quality care. With that said, this report illustrates that today these very factors jeopardize the lives of countless women in the US during pregnancy and childbirth.

Cherot further stated that their research demonstrates that maternity care is not adequately prioritized within the healthcare system, and immediate measures must be taken to ensure that all mothers receive the necessary care they deserve to facilitate healthy pregnancies and robust baby health.

The study noted an increased risks to the babies born in these areas. Necessarily, this will mean there is an increased risk of birth injuries such as cerebral palsy and HIE if proper prenatal and obstetrical care is not provided to the expectant mothers.


A Worrying Trend of Closure of Labor and Delivery Units

A striking 5.6 million women in their reproductive years live in counties where maternity care services are either absent or notably limited. This trend is largely attributed to the closure of labor and delivery units in hospitals. Since the initial coverage of this topic by March of Dimes in 2018, as many as 369 counties have witnessed the shutdown of their obstetric units and labor and delivery suites, constituting roughly one in ten counties.

An additional 70 counties in the US have now been branded as maternity care deserts following the closure of obstetric wards since the 2018 report. Collectively, more than one in three US counties now fall within the category of maternity care deserts, characterized by the absence of hospitals or birthing centers providing obstetric care, and devoid of obstetric service providers.

The authors of the report attribute the closure of obstetric wards to factors such as escalating operational costs. The report cites statistics from the American Hospital Association to highlight that only about 50% of births in maternity care deserts are reimbursed through Medicaid, which offers lower compensation compared to private insurance.

This renders obstetric wards prime targets for closure in hospitals dealing with narrow profit margins.

Dangers to the Health of the Expectant Mother and the Baby

Regrettably, this national problem is severely detrimental to the health of the expectant mother. Researchers underline that over 32 million women in their reproductive years are susceptible to compromised health outcomes due to their inability to access reproductive healthcare services. This issue is most acute in rural states.

The presence of chronic illnesses substantially contributes to health outcomes, the study authors suggest. Eight out of ten maternity care deserts have a significant concentration of expectant mothers struggling with chronic ailments, some of which exert a direct impact on birthing conditions like preeclampsia (maternal high blood pressure) and premature birth. Many of these preventable conditions can lead to a birth injury like cerebral palsy or hypoxic ischemic encephalopathy (HIE).

Social determinants of health and chronic illnesses are even more prevalent in regions that are already marked as maternity deserts, which, in turn, place an added burden on expectant mothers who have limited access to healthcare options.


The Underlying Causes of Maternity Deserts

The states registering the highest incidence of maternity care deserts include North Dakota, South Dakota, Alaska, Oklahoma, and Nebraska. These states predominantly feature rural populations, as revealed in the March of Dimes report.

For instance, in North Dakota, a substantial 71.3% of rural residents are situated at least 30 minutes away from a maternity care hospital, with an average travel distance of 54.7 miles, Dr. Cherot stated. In terms of care quality, New Mexico displays the highest rate of substandard prenatal care, closely trailed by Hawaii, which is a state that’s expensive to live in.

It’s noteworthy that a socio-economic and racial dimension is also at play. Dr. Cherot pointed out that Black and Native American women experience the most unfavorable outcomes, coupled with the highest incidence of inadequate prenatal care.


Ignoring Prenatal Care Due to Restricted Choices

An expectant mother residing in a maternity desert is compelled to visit the nearest county where care is accessible. In a few cases, this might involve crossing just a nearby county boundary. For many others, this could entail hours of travel, a situation fraught with danger during active labor or a medical emergency. It is well-documented that a leading cause of HIE and cerebral palsy is a delay of delivery when the baby is suffering from fetal distress. Forcing an expectant mother to travel long distance to deliver her child only increases the risks of these serious birth injuries.


Expectant mothers in these maternity deserts often attend a fraction of prenatal appointments.

Some expectant mothers may consult community midwives who lack formal licensing and consistent training. Alternatively, they might head to the nearest emergency room whenever they sense something is amiss, without the benefit of continuous care from a regular provider.

Even more alarmingly, a number of women may bypass prenatal care altogether. Dr. Cherot remarked that expectant mothers who forego prenatal care face three times higher odds of experiencing adverse outcomes.

In some instances, women go into labor while en route to a hospital. Dr. Kristy Acosta, a Family Medicine/OB practitioner at the Brownfield Regional Medical Center in Texas, reported that it's not uncommon for her to receive a call that a mother has given birth at a gas station. She then awaits their arrival at the emergency room.

According to the article, Kali Bautista, a resident of Terry County, Texas, delivered her child while dwelling in a maternity desert within the state. Her hometown is situated 30 to 45 minutes away from Lubbock. She shared her concerns saying that one of her chief fears was what would happen if she went into labor during the journey.

Staffing Shortages and Obstetrician Burnouts

The closure of hospitals or maternity units can be attributed to a variety of factors, predominantly revolving around a shortage of trained staff. According to March of Dimes' press release, obstetricians exhibit one of the highest burnout rates within the healthcare industry, complicating the process of attracting and retaining staff.

In just one year, the count of birthing hospitals has dwindled by 4%. Since 2018, as many as 301 birthing units have ceased operations. Experts indicate a serious shortage of qualified OB-GYNs across the United States. Moreover, as a significant proportion of doctors are nearing their retirement age, a wave of retirements is imminent in the upcoming years. And there is a clear decline in the number of new OB-GYNs entering the workforce to fill the void.

While midwives offer valuable support in the birthing process, they do not engage in surgical procedures like operative vaginal deliveries, cesarean sections, cervical cerclage (suturing the incompetent cervix to prevent premature birth), handling the birth of a breech baby, or other complicated aspects of obstetric care.


Escalating Costs of Care and Inadequate Financial Reimbursement

Increasing costs of prenatal care and insufficient reimbursement also contribute to this problem, as shown by the March of Dimes report. Only about half of the births in maternity care deserts are covered by Medicaid, as per the American Hospital Association's data. This implies that hospitals receive lower reimbursement rates, leading to financial losses when offering obstetric care.

Dr. Cherot stated that the issue ultimately boils down to economics. Purely for economic reasons, the healthcare system in the country is failing to accord the necessary priority to the well-being of mothers and babies. Maternal health is a concern that reverberates throughout the society, and the March of Dimes report underscores that each one of us has a role to play in safeguarding the health of both expectant mothers and babies.


Miller Weisbrod Olesky has a long history of helping victims of cerebral palsy and HIE

Whether the birth injury is caused by a lack of proper prenatal care, a delay due to the lack of proper transfer from a ill-equipped hospital or the mistakes of the medical team during labor and delivery or shortly after childbirth, our experienced cerebral palsy and HIE birth injury attorneys have helped families all across the United States that are struggling with the reality and costs of raising a disabled child.

Families have the right to know if their child’s cerebral palsy or HIE were caused by mistakes of doctors, nurses and hospitals. For absolutely no initial cost to you and your family, we will conduct a detailed review of the medical records and all other available information to determine if your child’s birth injury was avoidable. There were never be a fee unless and unti we receive a successful money settlement for your child.

Tuesday, July 18, 2023

Video Footage Proving A Commercial Vehicle Accident Claim

The Importance Of Video Surveillance Footage
In Proving A Commercial Vehicle Accident Claim

Video surveillance footage can play a critical role in proving the liability of the responsible parties in commercial vehicle accidents. Locating sources of video footage may present challenges, but our commercial vehicle accident attorneys at Miller Weisbrod Olesky possess the expertise and experience to identify and obtain footage from various cameras that may have captured the accident. We understand how to leverage this compelling evidence to your advantage.

Once you hire us, our commercial vehicle accident lawyers and in-house investigators will swiftly visit the accident site and the surrounding potential locations to determine if any surveillance cameras have recorded your motor vehicle accident. In case after case, we have utilized indisputable video surveillance footage from surrounding areas near the accident site to expose false statements made by commercial vehicle drivers to the police.



Where Accident Video Footage Be Found?

If you have been involved in a commercial motor vehicle accident, there is a high likelihood that the collision was captured by one or more cameras. Possible sources of footage include:


Dash Cams

Dash cams, which are mounted on dashboards, are increasingly prevalent in the trucking industry. Commercial motor vehicle (CMV) companies have various types of dash cams installed in their vehicles:

  • Four-way dash cams: Provide comprehensive coverage of the front, sides, and driver area of the truck
  • Driver-facing dash cams: Record the driver's actions
  • Forward-facing dash cams: Capture the view of the road ahead of the truck

Footage from truck dash cams may also favor your case. Additionally, more passenger car drivers are equipping their vehicles with dash cams, so it is worth exploring whether you or other motorists involved in the accident have captured video footage.




Traffic Cameras

Traffic cameras, installed on traffic lights and other areas of the road, continuously monitor traffic. While the use of photo-monitoring devices to prove traffic violations is prohibited in Texas, surveillance footage from traffic cameras can serve as evidence of fault in civil claims arising from commercial vehicle accidents and other crashes.




Surveillance Cameras

Security cameras are ubiquitous, ranging from doorbell cameras connected to homeowners' smartphones to comprehensive surveillance systems in commercial properties. If the camera is positioned appropriately, it may have captured video footage of your commercial vehicle accident, which can be valuable evidence for your case.




Police and Law Enforcement Body Cams

Using police and law enforcement body cams to capture statements of truck drivers and eyewitnesses during a truck accident can be an effective way to gather reliable and objective evidence. Body cams are small, wearable cameras that are typically attached to the uniforms or equipment of police officers and law enforcement personnel. They record audio and video footage of incidents from the perspective of the wearer.

To maintain the integrity of the evidence, it's fundamental to establish a clear chain of custody for the body cam footage. This involves properly handling and storing the recorded data to ensure it remains untampered and admissible in court.




Cell Phone Cameras

Nearly everyone nowadays carries a high-quality video camera in their pocket in the form of a cell phone. Witnesses to the accident might have recorded the events leading up to and during the crash. Our commercial vehicle accident lawyers at Miller Weisbrod Olesky can utilize this footage, along with witness testimony, to strengthen your case.

Cell Phone Camera Footage



Important Considerations

Two key factors to bear in mind are:

  • (a) Video footage is time-stamped, so knowing the date and preferably the exact time of the accident is necessary to acquire the relevant footage.
  • (b) Recordings are not stored indefinitely, and critical footage can get damage or be erased by trucking companies or others at any time.

Most surveillance cameras only hold data for a week at most.

If you have been injured in a CMV accident, you should seek legal representation from our commercial vehicle accident lawyers at Miller Weisbrod Olesky as soon as possible in order to maximize your compensation from all the liable parties.




Contact Miller Weisbrod Olesky

Our experienced attorneys take on even the largest commercial transportation companies and their insurance carriers. Our proven record of success in obtaining substantial settlements and verdicts for our injured clients speaks for itself.

If you were injured in an accident caused by an 18-wheeler, tractor-trailer, semi-truck, big rig, or any other commercial or municipal vehicle, we invite you to contact our offices today to schedule a free consultation with an experienced trial lawyer.

Immediate investigation and swift legal action may be necessary to protect your rights. Miller Weisbrod Olesky represents commercial vehicle accident victims across the United States. To discuss your case in a free consultation, please call our offices toll free at 888.987.0005 or contact us by e-mail today.

Monday, July 10, 2023

Defective Brakes In Company Vehicle Accidents.

defective 18-wheeler brakes

If you or your loved one has suffered injuries in a company vehicle accident caused by brake failure or malfunction, it’s essential to understand that proving brake defects will be critical to your claim for damages. Furthermore, determining liability for defective brakes in company vehicles can be complex.

Company vehicles, unlike passenger cars, utilize air brakes instead of hydraulic brakes. The reason behind this distinction is that hydraulic lines can develop leaks, rendering it difficult for a massive company vehicle to come to a halt. While hydraulic brakes rely on oil, air brakes function through the use of compressed air. This difference in brake systems adds complexity when establishing liability.

Defective air brakes in a company vehicle can lead to various consequences, including:

  • Insufficient brake performance, where the brakes fail to slow the truck adequately during emergencies
  • Brake imbalance, which can result in jackknife accidents
  • Brake fade, occurring when the brakes overheat
  • Brake fires
  • Brake failure resulting from defects within the brake system or maintenance issues

Proving that defective brakes were the cause of your accident and injuries requires thorough investigation and expert analysis.

In cases where rear-end or override company vehicle accident occurs, driver inattention and/or speeding are commonly assumed factors. Besides, there are instances where the company vehicle driver followed all protocols, but the brakes simply malfunctioned. In such situations, multiple parties may be held liable for injuries sustained in the accident.

To establish that defective brakes were responsible for the accident, our prolific company vehicle accident lawyers will collaborate with accident reconstruction experts and automotive engineering professionals. Through a close examination of the vehicle, the black box data, and the brake system, we will determine the cause and nature of the incident.

Who can be Held Liable for a Defective Brakes Company Vehicle Accident?

Potential parties at fault in an accident caused by defective company vehicle brakes include:

Manufacturer, Designer, Automotive Engineer, or Dealer of the Company Vehicle

If the brake failure can be attributed to a defect within the brake system, legal action may be taken against the manufacturer, designer, engineer, or distributor. For instance, if an air brake design lacked adequate provisions to withstand high temperatures, liability can be established.

Company Vehicle Repair and Maintenance Providers

In cases where inadequate maintenance led to brake malfunctions, the responsible mechanic or auto shop may be held accountable for the accident.

Company Vehicle Driver and Trucking Company

The driver has a responsibility to conduct daily safety inspections and report any defective or worn brakes. Failure to fulfill these obligations may make the driver liable for accidents caused by defective brakes. In addition, the trucking company holds vicarious liability for the actions of its employees, making them jointly liable.

The Trucking Company and Other Parties

Improper vehicle maintenance practices can render the trucking company liable. Moreover, if the company failed to conduct proper background checks, disregarding a driver's history of careless driving or inadequate inspection habits, they may be held liable.

In some cases, multiple parties may share liability. For instance, if the trucking company knew of a mechanic's substandard maintenance practices but still allowed the company vehicle on the road, both the repair mechanic and the company vehicle carrier could be held liable.

By diligently investigating the brake defects and determining liability, our dedicated company vehicle accident attorneys will secure the largest possible compensation you are entitled to for your injuries and losses.

Contact Miller Weisbrod Olesky Today

If you were injured in an accident caused by an 18-wheeler, tractor-trailer, semi-truck, big rig, or any other commercial or municipal vehicle, we invite you to contact our offices today to schedule a free consultation with an experienced trial lawyer.

Immediate investigation and swift legal action may be necessary to protect your rights. Miller Weisbrod Olesky represents commercial vehicle accident victims across the United States. To discuss your case in a free consultation, please call our offices toll free at 888.987.0005 or contact us by e-mail today.

Friday, March 31, 2023

FATAL WORKPLACE ACCIDENTS IN TEXAS

Fatal Workplace Accidents, represent unsafe working conditions and personal risks faced by workers. In 2020, there were 4,764 fatal workplace injuries in the United States.

In the last 30 days, the Dallas-Fort Worth area has seen at least four construction-related fatal accidents. These fatal workplace accidents range from accidental electrocution to structural collapses.

As a result of the economic disruptions, the number of hours worked decreased 9% in 2020. This marks the first decrease in hours worked since 2009. Hours worked in 2021 recovered 5% from 2020 levels but are still down 4% from 2019 levels.

The increased hours worked in 2021 partially accounts for a 6% increase in preventable work deaths in 2021, now totaling 4,472. The preventable death rate increased from 3.0 in 2020 to 3.1 per 100,000 workers in 2021. Since 2011, the number of preventable work deaths has increased over 14%, while the death rate per 100,000 workers has increased 3%.

Prior to 2020, contact with objects and equipment was the third leading cause of injury, and accounts for 16.7% of cases in 2020.

Contact with objects and equipment, including:

  • A moving object striking a worker
  • A worker striking against an object or equipment, including bumping into, stepping on, kicking, or being pushed or thrown onto an object
  • A part of a worker’s body being squeezed, pinched, compressed, or crushed in equipment, between shifting objects, between stationary objects, or in a wire or rope
  • A worker being struck, caught, or crushed in collapsing structure, equipment, or material
  • A worker being injured as a result of friction or pressure between the person and the source of injury
  • A worker being injured from vibration

Construction workers hit by building materials have a high fatality rate but are preventable.
According to OSHA, about 75% of “struck-by” fatalities involve heavy equipment, such as trucks or cranes. Workers in agriculture, construction and manufacturing are mostly at risk.

According to the National Safety Council, there have been about 700 workplace deaths due to these types of incidents every year for the past decade, and hundreds of thousands of injuries annually.

Since 2012, the construction industry has experienced the most deaths followed by the transportation and warehousing industry. The leading fatal event in the construction industry is falls.

Construction and extraction had the largest increase in number of incidents from 105 in 2018 to 136 in 2019 and accounted for 22% of all incidents. Building and grounds cleaning and maintenance had the largest percent increase from 2018 (16) to 2019 (46), a 188% increase.

Census of Fatal Occupational Injuries program.
In 2021, The transportation and warehousing industry had the highest number of fatalities with 182 incidents. Fatalities in the transportation and warehousing industry increased to 138 representing 26% of all fatalities in Texas, up from both 2020 (96) and 2019 (137).

The construction industry had the same number of fatalities in 2021 as 2020 with 127 incidents, representing 24% of all fatalities in Texas.

According to the Department of Labor, the construction industry continues to have the highest number of fatalities with 127 in 2021. In 2021, there were 40 natural resources and mining fatalities — 14 less than 2020 (54) and 32 less than 2019 (72).

Number of Fatalities by Industry
Texas 2019-2021

The most common location for a fatal accident is on streets or highways with a total of 241 incidents, accounting for 45% of all fatal injuries. Industrial place and premises, includes industrial yards, loading platforms, railyards, warehouses, construction sites, factories, plants, and repair shops. These locations represent 20% of all fatalities with 107 incidents.

RECENT WORK SITE ACCIDENTS


Construction Related Fatality
March 29, 2023 | FORT WORTH, TX

A construction worker was killed in an equipment accident in Fort Worth on Wednesday morning. The incident happened around 4:45 a.m. near Northeast Loop 820 and North Railhead Road in north Fort Worth, according to a police report.

Police officials said it was a "construction related accident" in which a worker got entangled with a piece of heavy equipment. The worker, who has not been identified, died at the scene.

Wednesday's incident is at least the fourth construction-related death in North Texas this month.

Fatal Electrocution
March 3, 2023 | SOUTHLAKE, TX

46-year-old Adrian Quintanilla Melgar was electrocuted while trimming trees in Southlake.

Shortly after 11 a.m. Friday, March 3, Southlake firefighters and police officers were called to a home in the 900 block of West Dove Road. When first responders arrived, they found a man unconscious and suspended by a harness in a tree.

Witnesses told first responders that the man was a landscape employee who had been trimming trees at the property when he accidentally encountered a live electrical wire.

Southlake firefighters worked quickly to reach the victim and assess his condition, but he had already passed away. Firefighters then removed him from the tree.

The Southlake Police Department said the investigation into the incident is ongoing. The victim’s name will be released once next of kin is notified.

Fatal Crane Accident
March 3, 2023 | Celina, TX

43-year-old Neny Alejandro died after a crane at an elementary school construction site fell on top of him. The Celina Fire Department (CFD) confirmed the crane collapse at the future site of Dan Christie Elementary.

Fatal Roofing Accident
March 7, 2023 | Fort Worth, TX

Omar Sandoval Rangel died after falling off a roof in the 3100 block of Northwest Centre Drive. Omar Sandoval Rangel was installing a roof and fell around 11 a.m. Tuesday while working on a construction site in the 3100 block of Northwest Centre Drive in Fort Worth.

Structure Collapse
Also this month, a worker had to be rescued after getting stuck in a drainage pipe he was working on and two other workers were hospitalized when a Stephenville church collapsed in January. March 20, 2023 | Arlington, TX

A group of people working in a garden Description automatically generated with low confidence Arlington rescue crews pulled a worker out of a pipe at a water treatment plant on Monday morning. Multiple crews were called to the Pierce-Burch Water Treatment Plant near Lake Arlington after they got calls for a trapped worker.

The worker was trapped in a 54-inch water transmission line at the facility 6-feet down. The line had been drained of water for a pipe section replacement. The City of Arlington says the workers injuries were serious, but not life-threatening.

January 19, 2023 | STEPHENVILLE, TX

Two construction workers were hospitalized after the partial building collapse of a church in Stephenville, Texas.

The incident happened at First Baptist Church in Stephenville. One of the injured workers had to be transported to a hospital by air.

Police in Stephenville, about 68 miles southwest of Fort Worth in Erath County, said the fire department responded to the collapse at First Baptist Church just before 2 p.m.

Crews observed a part of the building's arched facade had collapsed onto the front steps of the church. According to police, the exterior of the building has been undergoing construction work to replace and clean the ornamental facade.

Police said two construction workers were on an extended boom lift when they were struck by falling debris.

One of the workers was transported by air to a hospital in Fort Worth, while the other was taken to a hospital in Stephenville.

Stephenville PD reported that one of the workers has been treated and released and the other remains hospitalized with serious but not life-threatening injuries.

CONTACT MILLER WEISBROD OLESKY


The Construction Accident Attorneys at Miller Weisbrod Olesky have won several multi million dollar verdicts and settlements on behalf of construction accident victims and their families. Our record of proven results is one of the many reasons individuals choose our firm to handle their cases.

If you were seriously injured or a loved one died in a construction accident caused by a negligent contractor or subcontractor or OSHA safety violations, we encourage you to call our offices in Dallas today at 214.987.0005 or toll free at 888.987.0005 to schedule a free consultation.

contact miller weisbrod olesky, attorneys

Monday, March 20, 2023

USPS Contractor Crashes Have Killed 79 People Since 2020

USPS Contractor Crashes

For many years the United State Postal Service (USPS) has been hiring outside trucking companies to keep up with the competition of other postal delivery services. Some of these companies have a long history of unsafe driving and drivers. As a result, postal delivery contractors have been involved in 68 fatal commercial vehicle accidents in the past three years. These accidents have taken the lives of 79 people.

Over 50 trucking contractors delivering for the US Postal service have poor safety records, and under investigation, or currently on probation from the Department of Transportation (DOT).

Under pressure for years from falling revenue due to reduced volume of first-class mail while it simultaneously struggled to meet consumer demand for door-to-door package delivery, the Postal Service has slowed some deliveries and raised prices, among other cost-saving measures. It has also increasingly turned to private trucking to move mail between distribution centers.

USPS’s contracting manual’s only specific safety requirement is that trucking contractors must have a DOT safety rating that is better than “unsatisfactory.” At that rating, DOT bans a company from driving.

Recent investigative reports have found that the USPS contributed to recent fatal truck accidents by pushing for unrealistic delivery times, a lack of monitoring of DOT compliance and a failure to track serious accidents by its contractor trucking companies.


USPS Cutting-Costs

Many of the private trucking companies work exclusively for USPS, which spends about $5 billion annually on trucking contracts, making it one of the largest U.S. purchasers of shipping services. During the pandemic, the trucking industry was pummeled by a combination of rising e-commerce, a shortage of drivers and changes in the supply chain.

The postal service was forced to further stretch its network to keep packages moving. USPS spending on emergency and add-on trucking contracts more than doubled from 2019 to 2021.


Truck Driver Fatigue

The most common violation among the postal truck driver contractors were violations of DOT rules preventing truck driver fatigue by limiting how many hours truckers can drive. About 39% of trucking companies that hauled U.S. mail breaks those limits, compared with 13% of other for-hire trucking companies that were inspected during that time.

The USPS tolerated the violations and set unrealistic expectations for speedy deliveries for truck drivers that led the trucking contractors breaking the rules. Dozens of cross-country trips listed in postal contracts with deadlines that would require drivers to stay on the road longer than federal trucking safety rules allowed unless companies cut into their profits by using multiple drivers.


Safety Violations

The US Postal Service paid more than $115 million to a Tennessee-based trucking company in 2021, making it one of USPS’s largest trucking contractors. Two additional trucking companies in the group paid fines in 2017 over safety violations, including failing to ensure truck drivers complied with the 18 wheeler driving hour limits, which led DOT to put them on probation.

Between 2017 and December 2022, the trucking company was caught breaking the rules limiting truck drivers’ hours more than 200 times.


Fatal Truck Wreck – Denver 2022

In June 2022, an 18 wheeler operated by a Postal Service trucking contractor collided into a Ford Edge as the Ford slowed in traffic on Interstate 25 near Denver, killing five people including a baby. The contracted truck driver was distracted and lacked a valid commercial license. The trucking company had a history of DOT violations going back a decade of work with USPS.

Public inspection records, which cover routine checks, such as at weigh stations, and traffic stops, show the Colorado crash was at least the 16th time Contracted Commercial Truckers were caught without the necessary commercial driver’s licenses since 2017 and the second time that week.

The driver in the Colorado highway crash was charged with vehicular homicide and other crimes in December.


Limited Oversight

Large commercial shippers generally refuse to hire trucking companies with DOT’s probationary rating, called “conditional,” which is higher than unsatisfactory.

USPS’s inspector general in 2016 claims the agency employed only 18 contract officers to oversee its commercial trucking network, saying that allowed for just four hours of annual oversight work per trucking contract.


Pushing The Limit

The Postal Service requires contractors to fulfill schedules that veteran trucking company operators said would be seriously challenging considering DOT rules restricting driving hours.

Postal contractor companies sometimes try to arrange for drivers to tag-team on long trips, but relays can easily break down, for example if a driver is late to the relay point.

DOT flagged 466 Postal Service trucking contractors for high rates of violations related to driving hours which the agency uses to prioritize investigations.

The Postal Service’s own fleet, which includes mail-delivery vehicles, bigger box trucks and tractor trailers operated by its own employees, are excluded from DOT’s safety regulations. That means the overall safety of that portion of its operation cannot be evaluated using DOT’s records.


Miller Weisbrod Olesky’s Commercial Vehicle Accident Attorneys

If you were injured in an accident caused by an 18-wheeler, tractor-trailer, semi-truck, big rig, or any other commercial or municipal vehicle, we invite you to contact our offices today to schedule a free consultation with an experienced trial lawyer.

Immediate investigation and swift legal action may be necessary to protect your rights. Miller Weisbrod Olesky represents commercial vehicle accident victims across the United States. To discuss your case in a free consultation, please call our offices toll free at 888.987.0005 or contact us by e-mail today.

Tuesday, October 18, 2022

10 Most Dangerous Texas Highways

With the holiday travel season quickly approaching, driver safety in Texas is crucial. Whether it’s because of a high speed limit, the volume of cars traveling, or the condition of the road, some highways consistently have more crashes than others. Every year, over 3,000 people are killed in road crashes throughout the state of Texas. 4,489 motor vehicle fatalities in 2021 sets a record with a 15% increase.

Out of the record high 4,489 fatal motor vehicle accidents, 630 of those accidents involved commercial vehicles. When a truck collides with a passenger vehicle, the result can be devastating. Those traveling in the passenger vehicle are likely to be seriously injured or tragically killed in the collision.

Approximately 14% of all Texas motor vehicle fatalities in 2021 occurred with large commercial vehicles.

The majority fatal truck wrecks involve passenger vehicle occupants. The vulnerability of people traveling in smaller vehicles; trucks often weigh 20-30 times as much as passenger cars and are taller with greater ground clearance, which can result in smaller vehicles underriding trucks in crashes.

Contributing Factors of a Commercial Truck Wreck


Among other notable truck wreck cases, Miller Weisbrod Olesky Truck Wreck Attorneys recovered $8,750,000 from a large trucking company which was responsible for the deaths of a 67-year-old and a 19-year-old who were from Mexico.


Fatal Texas Highways

#1. STEMMONS FREEWAY (I-35E) - DALLAS
Description: US-77/ I-35E Between the I-30 Interchange and Exit 434
Fatal Accidents 2017-2019: 20
Fatal Accidents Per Mile: 4.1

Fatal Texas Highway: Stemmons Freeway (I-35E) - Dallas, Texas


#2 MARVIN D LOVE FREEWAY - DALLAS
Description: Between Camp Wilson Road and Illinois Avenue
Fatal Accidents 2017–2019: 15
Fatal Accidents Per Mile: 3.3

Fatal Texas Highway: Marvin D. Love Freeway - Dallas, Texas


#3 TOMBALL PARKWAY (TX-249) - HOUSTON
Description: Between Antoine Dr. and W. Greens Rd.
Fatal Accidents 2017–2019: 14
Fatal Accidents Per Mile: 3.2

Fatal Texas Highway: Tomball Parkway (TX-249) - Houston, Texas


#4 INTERSTATE 35 - AUSTIN
Description: Between Exit 244 and the interchange with Route 290
Fatal Accidents 2017–2019: 14
Fatal Accidents Per Mile: 3.1

Fatal Texas Highway: Interstate 35 - Austin, Texas


#5 TEXAS LOOP 12 - DALLAS
Description: Between South Lancaster Rd. and Longacre Lane
Fatal Accidents 2017–2019: 12
Fatal Accidents Per Mile: 2.5

Fatal Texas Highway: State Highway Loop 12 - Dallas, Texas


#6 INTERSTATE 45 - HOUSTON
Description: Exit 63 (Airtex Dr.) to Metro TX 249 station
Fatal Accidents 2017–2019: 12
Fatal Accidents Per Mile: 2.4

Fatal Texas Highway: Interstate Highway 45 - Houston, Texas


#7 LYNDON B JOHNSON FREEWAY (LBJ) – MESTQUITE/GARLAND
Description: Jupiter Road to the I-30 interchange
Fatal Accidents 2017–2019: 12
Fatal Accidents Per Mile: 2.5

Fatal Texas Highway: Lyndon B. Johnson Freeway (LBJ) - Garland, Texas


#8 TX HWY 183 – IRVING/FORT WORTH/EULESS
Description: N. Beltline Rd. to N. Industrial Blvd.
Fatal Accidents 2017–2019: 12
Fatal Accidents Per Mile: 2.6

Fatal Texas Highway: Texas State Highway 183 - Irving, Texas


#9 INTERSTATE 20 – FORT WORTH/FORREST HILL/KENNEDALE
Description: The I-820 interchange to the I-35 W Interchange
Fatal Accidents 2017–2019: 12
Fatal Accidents Per Mile: 2.8

Fatal Texas Highway: Interstate Highway 20 - Fort Worth, Texas


#10 INTERSTATE 45 - HOUSTON
Description: Rte. 5 to Exit 50
Fatal Accidents 2017–2019: 11
Fatal Accidents Per Mile: 2.3

Fatal Texas Highway: Interstate Highway 45 - Houston, Texas

A truck driver for the largest milk hauler in the United States fell asleep at the wheel, causing a wreck that killed my mom, Julia Jones. When the insurance company wouldn’t settle, Clay Miller took the case to trial. During cross-examination, Clay made the driver admit he faked his logs and the safety director concede the company was grossly negligent. Just before closing argument, the case settled for $5.8 million. - TINA KHWAJA


The experienced attorneys at Miller Weisbrod Olesky take on the largest commercial transportation companies and their insurance carriers. Our proven record of success in obtaining substantial settlements and verdicts for our injured clients speaks for itself.

If you were injured in an accident caused by an 18-wheeler, tractor-trailer, semi-truck, big rig, or any other commercial or municipal vehicle, contact our offices today to schedule a free consultation with an experienced trial lawyer.

Immediate investigation and swift legal action may be necessary to protect your rights. Miller Weisbrod Olesky represents commercial vehicle accident victims across the United States. To discuss your case in a free consultation, please call our offices toll free at 888.987.0005 or contact us by e-mail today.

Check Highway Conditions Before You Travel with DriveTexas.

Tuesday, June 14, 2022

Dallas Birth Injury Lawyers

Dallas Birth Injury Lawyers Fighting For Your Baby's Future

Our national birth injury law firm helps families who face the devastating consequences of birth injuries caused by medical malpractice and negligence.

The Dallas Birth Injury Lawyers of Miller Weisbrod Olesky focus on providing experienced, skilled representation to get the best results for our clients. Our track record of successful settlements and verdicts speaks for itself.

Birth Injuries Strike the Most Innocent of Victims

Expectant mothers and their babies rely on medical professionals to give them the care they need. Birth injuries can happen when those doctors, nurses, midwives, and hospitals fail.

Dallas Birth Injury Lawyers

Before a baby is born, it’s crucial for doctors to identify and treat any conditions that arise like:

  • Serious maternal medical conditions, like diabetes, high blood pressure, and infections
  • Signs the baby is not growing as expected
  • Abnormal heartbeats
  • Decreased fetal activity
  • Abnormal fetal presentation (breech)
  • Risk of premature delivery
Fetal Heart Rate Monitoring Lawyers

During labor and delivery, situations arise that could harm the baby if medical professionals quickly provide the proper care:

Dallas Fetal Distress Lawyers

Finally, babies can suffer birth injuries after they are born when doctors and nurses don’t treat the following conditions:


Was your child injured at birth? If so, our Dallas Birth Injury Lawyers can discuss your situation during a free consultation. Just call (888) 987-0005 to set up your free consultation.

Birth Injuries Take a Toll on Children and Their Families

Dallas Cerebral Palsy Lawyers

Depending on how badly your child was injured, you might be facing years of medical treatment and therapy. Many children with birth injuries need the following kinds of care:


Dealing with a birth injury is emotionally and financially exhausting. Registered Nurses and Nurse-Attorneys Are a Vital Part of Our Birth Injury Team … and Yours

Miller Weisbrod Olesky's Nurse Attorneys

As Dallas Birth Injury & Cerebral Palsy Attorneys, we fight to get justice for our clients. We believe in holding negligent medical professionals accountable for their negligence. We do this by:

  • Discussing your case with you in detail
  • Using our extensive resources to investigate your baby’s records thoroughly
  • Providing nurse-attorneys and nursing staff who understand what has happened medically
  • Consulting with experts who understand how you and your child should have been treated
  • Seeking compensation for your baby’s injuries from the people who caused them

The compensation our clients receive in birth injury lawsuits makes a difference. They can better care for their child while also covering other expenses like childcare and lost wages.

Miller Weisbrod Olesky Birth Injury Lawyers

Free Consultations

We do not collect a fee until we win your case.

You’re facing some challenging decisions – whether someone caused your baby’s birth injury and how to hold them accountable. As experienced Dallas Birth Injury Attorneys, we have obtained verdicts and settlements for clients like you. The millions of dollars our clients received were used for therapies, treatments, assistive devices, caregivers, and planning for the future. Don't hesitate to get in touch with us today to discuss your unique circumstances.

Wednesday, March 16, 2022

USW Passenger Van Fatal Accident

More than 4,480 people died on Texas roadways in 2021, according to the Texas Department of Transportation, marking the second-deadliest year of traffic fatalities since the agency began tracking them in 1940.

When asked which vehicles are among the most dangerous on the road, few consumers would mention passenger vans. In fact, passenger vans, when loaded are among the most difficult vehicles to maneuver in hazardous conditions. Their poor design leads to rollovers causing serious injuries or death from roof crush or ejection.

USW Passenger Van Fatal Accident

On Tuesday, March 15, 2022, a Ford passenger van that was registered by University of the Southwest was traveling northbound, while a Dodge 2500 pickup was traveling southbound. For unknown reasons, the Dodge pickup truck drove into the van head-on causing both vehicles to catch on fire. The van was heading back from a golf tournament in Midland where both the women's and men's golf team members were competing. Nine people are tragically killed and two others are injured.

usw golf coach tyler james

Types Of Commercial Vehicles:

  • Corporate commuter and passenger vans
  • Heavy pickups like the Ford F350, often used as work vehicles at oil rigs and commercial worksites in West Texas and around the country
  • Commercial delivery vans, Fed Ex and UPS trucks
  • Beer and soda trucks
  • Panel vans
  • Dump trucks and other construction vehicles
  • Tow trucks
  • Logging trucks
  • Heating oil delivery trucks, especially in the northeastern United States

At Miller Weisbrod, our clients are not statistics — they are real people in need of proactive, aggressive representation to defend their rights. We represent victims of truck accident injuries and wrongful death nationwide. We welcome the opportunity to apply our years of experience, skill and demonstrated ability to produce real results in difficult and complex cases involving: Truck driver error & carelessness, truck underride accidents, driver fatigue.

Your family has the right to pursue compensation from those responsible for the economic loss and emotional distress you have endured. We bring our demonstrated trial experience, wealth of resources and in-depth knowledge of commercial vehicle regulations to every case we handle. We have obtained substantial multi-million dollar recoveries on behalf of bereaved families across the nation.

  • $8.75 million from a major trucking company that was responsible for the deaths of two Mexican nationals

    * A contingent (%) fee charged on the successful recovery resulted in a fee of $3,500,000.00 and $289,683.18 in litigation expenses which were reimbursed by the client out of the gross settlement amount.

  • $5.8 million on behalf of the families of two women killed by a truck driver for the largest milk hauler in the U.S. who fell asleep at the wheel

    *A contingent (%) fee charged on the successful recovery resulted in a fee of $2,320,000.00 and $85,600.00 in litigation expenses which were reimbursed by the client out of the gross settlement amount.

  • $6 million for the family of a female driver killed by a distracted driver

    *A contingent (%) fee charged on the successful recovery resulted in a fee of $1,600,000.00 and $112,447.50 in litigation expenses which were reimbursed by the client out of the gross settlement amount.

While past results are no guarantee of future recoveries, our attorneys can guarantee to provide the experienced, aggressive and dedicated representation you deserve to hold negligent truckers and trucking companies accountable.

Our truck accident attorneys are absolutely prepared to take on commercial transportation operations across the United States. For more information, contact our offices at 888.987.0005 to schedule a free consultation.

Learning About Cerebral Palsy

cerebral palsy home health

Cerebral Palsy is a congenital disorder of movement, muscle tone, or posture. Cerebral palsy is due to abnormal brain development, often before birth. CP is the most common motor disability in childhood.

Cerebral means having to do with the brain. Palsy means weakness or problems with using the muscles. Cerebral palsy is a group of physical disorders that permanently affect:

  • Posture
  • Balance
  • Movement
  • Ability to control movement
  • Communication
  • Eating
  • Sleeping
  • Learning

What Causes Cerebral Palsy?

The causes of cerebral palsy can be more difficult to grasp if medical errors are involved. Cerebral palsy can be caused by doctors or nurses failing to respond to fetal distress, failing to perform a timely C-section or other errors during the labor and delivery process or care shortly after birth of a child. These errors can constitute medical malpractice.


Symptoms Of Cerebral Palsy

The symptoms of cerebral palsy are primarily physical. However, injuries to an infant’s brain, including hypoxic-ischemic encephalopathy (HIE), are the primary cause of CP. Cerebral actually means brain, while palsy means muscle weakness.Symptoms vary widely among children with cerebral palsy. Some signs may show up soon after delivery, while milder cases may not be diagnosed until later, usually by two to five years of age.

The two general classifications of symptoms are:

  • Decreased muscle tone (Hypotonia) – Infants with hypotonia may seem floppy. Brain damage can cause hypotonia
  • Increased muscle tone (Hypertonia) – Muscles become stiff and challenging to move. Hypertonia also can be caused by brain damage
hypertonia and hypotonia

Between ages 6 months and 12 months, an infant with cerebral palsy might exhibit the following symptoms:

  • Missing physical development milestones
  • Unable to roll over
  • Difficulty moving hands
  • Keeping one hand fisted while reaching with the other
  • Lopsided crawling
  • Not crawling on all fours

Adults with cerebral palsy might exhibit additional symptoms, including:

  • Lack of muscle coordination
  • Difficult performing precise movements
  • Difficulty walking
  • Stiff muscles
  • Exaggerated reflexes
  • Shaking, twitching, or other involuntary movements
  • Drooling or having trouble swallowing
  • Difficulty speaking

Types Of Cerebral Palsy

Cerebral palsy is a complex disorder where brain damage causes physical disabilities. The wide range of symptoms and degrees of severity complicate diagnosis and treatment, as well as perception.

types of cerebral palsy

Within the cerebral palsy diagnosis, there are four basic types of CP:

  • Spastic cerebral palsy
  • Ataxic cerebral palsy
  • Dyskinetic cerebral palsy
  • Mixed cerebral palsy

Spastic cerebral palsy is the most common type of cerebral palsy. In fact, roughly 80% of people with CP are diagnosed with a form of spastic CP. People with spastic cerebral palsy exhibit uncontrollable, involuntary limb movements and tight muscles that inhibit movements, causing bone and joint deformities.

  • Diplegia or Diparesis: This type of CP indicates that an individual has severe muscle stiffness, particularly in their legs. Their arms might be affected very little or not at all.
  • Hemiplegia or Hemiparesis: Here, disability affects only one side of an individual’s body. Typically, this type of CP affects a person’s arms more than their legs.
  • Quadriplegia or Quadriparesis: This is the most severe form of spastic cerebral palsy because it affects a person’s arms, legs, trunk, and face. Also, people with this form of CP usually have intellectual disabilities and suffer from seizures and speech, hearing, and vision problems.

Dyskinetic cerebral palsy is the second most common form of cerebral palsy. Research indicates dyskinetic cerebral palsy is caused by “non-progressive lesions to the basal ganglia or thalamus or both.” Frequently, birth trauma due to medical errors during labor and delivery or immediately following birth (called “neonatal negligence”) causes these injuries.

Since dyskinetic cerebral palsy may affect the face and tongue, it may be difficult to talk, suck, and swallow. However, the muscle tone of children with dyskinetic CP often varies from day to day and even from hour to hour. Doctors recognize three forms of dyskinetic CP based on an individual’s symptoms:

  • Dystonic: Dystonic symptoms include twisting, repetitive movements that are more prominent when a child is tired or emotional. For some children, pain levels increase with increased movement. These symptoms affect activities of daily life, quality of life, and participation in social activities.
  • Athetoid: Characterized by slow, writhing movements, athetoid’s primary symptoms include abnormal posture, impaired coordination, and minimal control over movement. A child with athetoid symptoms might be unable to maintain posture. Other limitations include trouble with standing, sitting, and hand movements. Athetoid dyskinetic cerebral palsy can be caused by bilirubin encephalopathy or hypoxic-ischemic encephalopathy (HIE).
  • Choreoathetosis: Someone with chorea symptoms will have movements that are clumsy, abrupt, and unpredictable. Wild, violent movements are possible with more severe forms of choreoathetosis cerebral palsy. Chorea can interfere with movements, speech, and swallowing.

Dystonia and choreoathetosis are often found together.

Ataxic Cerebral Palsy refers to issues with balance and coordination. Children with this form of CP might appear unsteady and shaky. Their movements might seem disorganized and jerky to other people.

It’s believed that ataxic cerebral palsy is the result of damage to the cerebellum. This part of the brain is responsible for controlling movement and plays a part in “cognition, emotional processing, and social behavior.”

cerebellum

Mixed cerebral palsy is the diagnosis when children have a combination of cerebral palsy symptoms. Typically, this means that brain injury has occurred in several parts of the brain. Currently, spastic-dyskinetic CP is the most common type of mixed cerebral palsy.


Cerebral Palsy Treatments

There’s no cure for cerebral palsy. But that doesn’t mean there’s no way to alleviate symptoms and improve abilities. In fact, treatments and therapies that are currently available can help someone with cerebral palsy live as fully as possible.

Typical goals for a child with CP include:

  • Preventing or reducing physical symptoms
  • Preventing or reducing physical symptoms
  • Improving the child’s mobility
  • Optimizing the child’s overall health
  • Maximizing success and independence

Treatment plans for people with cerebral palsy may include medications, surgeries, and therapies. Also, medical equipment and assistive technology often play an essential part in the daily life of a child with CP.


Cerebral Palsy Medications

Medical professionals might administer medications orally, in IVs, or through muscle injections. The drugs prescribed for people with cerebral palsy fall into the following categories:

  • Anti-spasmodic: These drugs help reduce muscle spasms, spasticity, and tight muscles. Examples: Baclofen, benzodiazepines like diazepam, lorazepam. Dantrolene sodium (Dantrium and Revonto). Diazepam (Valium). Tizanidine or Flexeril (muscle spasms). Botulinum toxin (injected). Intrathecal baclofen (implantable pump)
  • Anticonvulsant: Medical professionals sometimes prescribe anticonvulsants for children who experience seizures. Examples of anticonvulsants medications include Clonazepam/Klonopin (benzodiazepines), Dilantin (phenytoin), Tegretol (carba-mazepine)
  • Anticholinergic: Doctors sometimes prescribe anticholinergics to patients with involuntary muscle movements and excessive drooling. Examples are benztropine mesylate, Robinul, and Sinemet
  • Anti-inflammatory: These medications might be administered for pain relief. Reducing inflammation also helps control the chronic pain that people with CP often face. Examples: Nonsteroidal anti-inflammatory drugs, steroids

Doctors also often prescribe anti-depressants for people suffering from depression. In addition, recent studies indicate that medications containing cannabidiol (CBD) may have a positive effect on children with cerebral palsy. However, research is ongoing.


Cerebral Palsy Surgeries

Sometimes surgery is the best option to treat a child’s cerebral palsy symptoms, particularly those associated with motor skill deficits.

  • Selective dorsal rhizotomy: Pediatric orthopedic surgeons use this surgery to “improve communication between the spine and muscle.” This surgery can help decrease muscle tone and stiffness problems
  • Intrathecal baclofen pump: Baclofen is used to treat muscle spasms, which is a common symptom of cerebral palsy. Some patients benefit from having an intrathecal baclofen pump surgically inserted into their abdominal wall. The pump then sends baclofen directly to the patient’s spine
  • Orthopedic surgeries: Some children and adults with cerebral palsy benefit from surgery used to ease tight muscles and correct problems with bones and joints
  • Surgeries to Address Other Conditions: Cochlear implants can improve or restore a patient’s hearing. Many people with cerebral palsy suffer from gastrointestinal problems that can be eased with surgery. Finally, nasogastric tubes and gastronomy tubes help when feeding issues arise

Cerebral Palsy Therapies

Therapies like the following can help people with cerebral palsy improve and retain capabilities.

assisted devices and equipment

  • Physical Therapy: Typically, children learn how to sit, walk, and use orthotics with the help of a physical therapist. Other benefits include stretching muscles, improving mobility, and preventing or reducing muscle contractures
  • Occupational Therapy: This type of therapy teaches children how to handle activities of daily living. For example, children may learn how to get dressed, bathe, and eat. Therapists help the children make the most of their abilities, which can improve the child’s self-confidence. Occupational therapists tend to focus more on fine motor skills and hand-eye coordination
  • Speech and Language Therapy: Many people with cerebral palsy experience speech and communication issues. This type of therapy helps people improve their ability to speak and addresses muscle control problems with the tongue and mouth. Some children learn new ways to communicate, like sign language or computer software
  • Recreational Therapy: Engaging in recreational activities can help a child with cerebral palsy improve their physical and intellectual skills. Also, parents often see improvement in self-esteem and emotional well-being
  • Alternative Therapies: Children may also benefit from other, complementary forms of therapy, including:

    Hippotherapy: Riding and interacting with specially-trained horses sometimes improves a child’s balance, especially children with pelvic bone disorders. This therapy also helps with other activities involving balance and postural alignment, including walking, jumping, and using stairs
    Hyperbaric oxygen therapy (HBOT): This therapy exposes children to pressurized air or oxygen while in a special chamber. With higher air pressure, lungs can take in extra oxygen that is then used throughout the body to promote healing. HBOT is often used for people with traumatic brain injuries.

The parents of children with cerebral palsy often want answers. They want to know what happened to harm their child’s brain. Was it preventable?

Birth Injury Cerebral Palsy Attorneys

Our dedicated birth injury lawyers want to help you find those answers. We diligently investigate the facts and hold responsible parties accountable by pursuing medical malpractice claims against them. The compensation our clients receive helps them pay for their child’s current and future medical treatment, assistive technology and equipment, and the other expenses associated with caring for a child with cerebral palsy.

At Miller Weisbrod, a team of committed professionals use our detailed case review process to assess your potential claim. They start by learning more about you and your child. Then we gather medical records to determine what happened before, during, and after your delivery. We call in skilled medical experts who review your records and let us know if they think medical errors could have caused your child’s injuries.

The medical review of your case and the consultation are free. We only receive payment when you do when, and only when, a money settlement is reached for your child.

If your family has been affected by a birth injury such as cerebral palsy caused by a doctor's mistake or delivery room negligence, we invite you to contact our firm to discuss your case in a free initial consultation.

Our birth injury attorneys have the proven record, experience, and resources to help you achieve the compensation you deserve. Contact our offices today at (888) 987-0005 for your initial free consultation. You may also complete the form on this page to contact our support team.