Roof Crush Accidents

What is a Roof-Crush Accident
A Roof Crush is the failure and displacement of an automobile roof into the passenger compartment during a Rollover Car Accident. Roof crush can be the result of a design or construction defect. So, if a roof fails during a collision, a vehicle manufacturer could potentially be held responsible for any resulting damages.

Every year approximately 10,000 Americans are killed in rollover accidents, accounting for about 30% of all light vehicle occupant fatalities.

Accident investigations show that injuries among car accident occupants directly correlate with the location of roof intrusion in the vehicle. That is to say, where there is roof crush, occupants are injured, and where someone is uninjured, there is little-or-no roof crush.

CAUSES OF ROOF CRUSH
There are several reasons a roof may fail, indicating that it is defective, including a manufacturing or design flaw. One of the largest causes of roof crush accidents is a lack of proper testing.

SUVs are the most likely vehicle to rollover due to their height and narrow wheelbase. When a SUV has a weak roof, the resulting roof crush during the rollover can cause serious or fatal brain or spinal cord injuries.

When roofs crush during a rollover accident, the survival space for occupants is greatly reduced or eliminated altogether. This means the heads and spines of occupants contact the roof. Roof crush accidents can open ejection portals – making side windows and the windshield area very large, leading to the ejection of occupants; which is frequently fatal. One-half of seriously injured ejected occupants could have received their initial injuries as a consequence of a roof-crush.

In one representative case, Miller Weisbrod obtained $3.2 million in a defective products lawsuit on behalf of a client who suffered brain injury due to a Roof-Crush Accident.

Accident investigations show that injuries among car accident occupants directly correlate with the location of roof intrusion in the vehicle. That is to say, where there is roof crush, occupants are injured, and where someone is uninjured, there is little-or-no roof crush.

Vehicles are supposed to be designed so that, in the case of a rollover accident, the roof structure should remain reasonably intact. When the amount of pressure on the roof causes the windshield to break, the roof of the vehicle is weakened by 33 percent. When the windshield breaks, there is a greater chance of vehicle ejection, resulting in far worse injuries. With cheap and inexpensive material in the roof structure and “A-pillars”, roof crush will result.

A roof strength test measures the “strength-to-weight ratio” of a vehicle and assigns a rating. According to the Insurance Institute for Highway Safety, a “good” rating involves a strength-to-weight ratio of at least 4. This means that the roof must be able to withstand a force of at least four times the car’s weight.

In the United States, all passenger vehicles, vans, trucks, and SUVs that have a Gross Weight Vehicle Ratio of 6,000 or less must satisfy this standard before they may sell their vehicle to the general public.

For years, consumer organizations such as the Insurance Institute for Highway Safety (IIHS) and Public Citizen have complained about several flaws involving this safety standard, including:

• The 1.5 SWR is too weak and needs to be increased
• The platen test is not a “real world” test. In other words, this test does not simulate the forces exerted on a roof during an actual rollover, where the roof may come in to the contact with the ground multiple times
• Only 1 area of the roof is tested, which may hide weak points in other areas of the roof
• FMVSS 216 is only a minimum safety standard and manufacturers are not obligated to design stronger roofs beyond the 1.5 SWR
• Many vehicles weigh in excess of 6,000 lbs. and are exempt from the minimal standard

ROOF CRUSH TESTING
Currently, the National Highway Traffic Safety Administration (NHTSA) requires a static test, known as Safety Standard 216, to every car and truck under 6,000 pounds before it can be sold in the United States. Critics say the test doesn't come close to replicating what happens in a real-world rollover leading to dangerously weak roofs. Alternative tests (drop and dolly test) can help show how roofs will perform in real world rollovers.

FMVSS 216 (Federal Motor Vehicle Safety Standards) The standard federal roof-crush resistance test that is required for all vehicles is called the "216" test:

• A vehicle is placed on a flat surface
• A flat, steel rectangular shaped plate is pushed into the vehicle's roof structure
• The plate us applies one and a half times the unloaded weight of the vehicle onto the roof
• During the test, the plate is angled, positioned and shifted to simulate vehicle-to-ground contact on the roof over the front seat area
• The plate is placed at various locations on the vehicle's roof, depending upon the slope of the vehicle's roof to put stress on the roof over the front seat
• A vehicle complies if the roof crush is less than 5 inches before the maximum pressure is applied

Inverted Drop Test
The inverted drop test is a better indicator of A-pillar performance:

• A vehicle is suspended upside down by steel cables
• The cables are adjusted for a specific angle to concentrate force on the key A-pillar, which supports the windshield
• The drop height varies from a few inches to a few feet, depending on the force required

Dolly Test
Automakers have the option of using the dolly test instead of the current 216 test, but few, if any, do. In this test:

• A vehicle is placed on a sled inclined at a 23-degree angle and is accelerated to 30 mph
• The sled comes to a sudden and complete stop
• The test vehicle is forced over a 4-inch block and forced into a rollover
• Test dummies inside the vehicle are measured for injuries as the vehicle rolls several times
• The roof crush measured in this test will more closely replicate real world rollovers

ROOF CRUSH ACCIDENT INJURIES
Roof crush injuries are some of the most serious and often include spinal, neck and head injuries.

Common types of roof crush injuries:

• Broken or sprained neck
• Dislocated shoulders
• Closed brain injuries
• Penetrating brain injuries
• Skull fractures
• Spinal injuries
• Back injuries (i.e. herniated discs)
• Paralysis

Injuries sustained in a rollover crash can leave a victim with a life-long disability or limitation requiring long-term care.

*Even belted occupants suffer partial ejection of their arms and heads, while unbelted occupants can be completely ejected.

DO I HAVE A CASE IF I AM A VICTIM OF A ROOF CRUSH ACCIDENT?
Quickly contacting an experienced attorney is critical if you believe you are a victim of a roof crush accident case. In order to successfully pursue a roof crush lawsuit, the damaged vehicle must be preserved. If you wait and the wrecking yard or your insurance company disposes of the damaged vehicle, it will be virtually impossible to prove your case. An experienced automotive products liability lawyer will be able to obtain the necessary experts to inspect your damaged vehicle and the resulting roof crush to determine if there is a case against an automobile manufacturer.

CONTACT MILLER WEISBROD, ATTORNEYS AT LAW
In roof crush accident cases, the auto manufacturer can be considered liable. If you were seriously injured due to a roof crush, your claim would likely be against the auto manufacturer who designed, constructed, or installed the roof. Roof crush accidents are frequently fatal. If a loved one was killed in a roof crush accident, you may be able to file a wrongful death claim or lawsuit against the responsible party.

Our Product Liability Lawyers are nationally-recognized leaders in the fight to hold negligent automakers and parts manufacturers to account for the injuries and deaths they cause. Please call our main offices in Dallas today at 214.987.0005 or toll free at 888.987.0005 for a free consultation. You may also fill out the form on this page to schedule an appointment.

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Harnesses and Fall Protection Injuries

The leading cause of construction workplace deaths is falls. Each year more than 100,000 injuries and deaths are attributable to work-related falls. Falls are a leading cause of fatalities and serious injuries, in construction as proper fall protection is not always equipped at sites.

Employers must protect their workers and take the following steps to ensure their safety.

Under the OSHA regulations, employers are required to provide appropriate safety equipment and gear to prevent falls and other accidents. In general industry, fall protection must be provided at 4 feet elevations, and in shipyards, fall protection must be provided at 5 feet elevations. Fall protection must be provided at 6 feet at construction sites.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees.

Proper fall protection can include adequate and properly constructed guardrails or scaffolding. But some types of jobs are not conducive to guardrails or scaffolding including roofing and framing. In these jobs, the required type of fall protection is called a “personal fall arrest system”. This fall protection system is composed of a harness, lanyard, rope and hard point for connection. Without providing ALL components of the harness fall protection system, workers will not be properly protected from a fall! An example of a worker wearing a harness-type fall protection system is above.

Many injured workers or families of workers killed on the job are under the mistaken impression that all they can recover are workers compensation benefits. This is not the case. In many cases, there are other responsible parties that can be held responsible so a worker or their family can obtain more than the very limited benefits offered by workers’ compensation insurance.

On many worksites and construction sites, general contractors can be held responsible for ignoring the fact that trade subcontractors (such as roofers and framers) are not providing fall protection to their workers or failing to carry out fall protection training responsibilities. The Construction Accident Attorneys at Miller Weisbrod has a long history of holding general contractors responsible when a worker is injured due to the lack of fall protection or lack of proper fall protection training.

A general contractor ignored its own requirements for safety training of a subcontractor workforce. As a result, Our client never received training in how to properly use his fall protection equipment. Our client fell two stories and hit the ground because the equipment was hooked up improperly. He was left paralyzed. When the general contractor refused to tender their insurance limits, Clay Miller tried the case to a Dallas County jury in October 2017, and obtained a verdict of $26,500,000, including $15,000,000 of punitive damages.

Common Injuries from Falls:

• Traumatic brain injuries
• Spinal cord injuries
• Fractures
• Amputation
• Severe burns, abrasions, or electrocutions
• Permanent disabilities
• Death

These injuries often have devastating effects on injured victims and their families. Victims may face substantial medical expenses and a costly and time-consuming recovery.

Employers in the construction industry often violate several of OSHA’s safety requirements designed to prevent workplace accidents. Lack of protection against falls is the most frequently cited OSHA violation while failing to provide general requirements for scaffolding is the third most frequent violation reported.

Common Causes of Falls:

• Lack of safety equipment – Employers are often required to use fall protection systems, guardrails, covers and other systems to prevent falls on site
• Lack of safety training – Employers are required to train employees about known job hazards and about how to operate safety equipment properly
• Dangerous working conditions – Employees who work under dangerous conditions such as unprotected sides of a building, on scaffolding in disrepair or around worksite debris have a high risk of being injured on the job

Employers are responsible for providing provide fall protection systems and ensuring that walking and working surfaces have the strength and structural integrity to support workers before any employees work on these surfaces.

OSHA Fall Safety Standards:
Unprotected Sides and Leading Edges
OSHA requires the use of guardrail systems, safety net systems or personal fall arrest systems if there is an unprotected side or leading edge with a drop of more than six feet or more.

Hoist Areas
Employees who work in a hoist area are to be protected from falling six feet or more by using a guardrail or personal fall arrest system.

Holes
Covers, guardrail systems or personal fall arrest systems are to be used to protect workers from falling through holes or skylights that are six feet or more above lower levels.

Excavation
Employees at the edge of an excavation site that is six feet or more in depth must be provided with a fence, barricade or guardrail system if the excavation site is not obvious.

Dangerous Equipment
Guardrail systems or equipment guards must be erected to prevent an employee from falling onto dangerous equipment that is less than six feet below him or her.

If you or someone you love suffered a fall injury at a construction site, do not hesitate to contact the Dallas Construction Accident Attorneys of Miller Weisbrod. Call our offices in Dallas at 214.987.0005 or toll free at 888.987.0005 for a free consultation. You may also contact us by filling out the form on this page for answers to your important questions or to schedule an appointment.

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Uncovered Construction Site Holes

One of the most common construction accidents resulting in death are falls through unprotected holes in flooring. Often times, holes in flooring are not properly marked, without safety barricades or covered and secured resulting hundreds of serious injuries and deaths to workers on those floors and workers below as well.

According to OSHA, falls account for approximately 35% of construction worker deaths every year. Within that 35% of construction deaths and accidents, unprotected edges, falls through floor holes and wall openings, misused fall protection, and falls to lower levels in partially complete buildings are responsible for a number of workers’ deaths. Work safety requires that employers eliminate job hazards and take reasonable efforts to protect construction workers from life-threatening falls through unprotected floor or wall openings.

The Construction Site Accident Attorneys of Miller Weisbrod will bring lawsuits against the building owner, general contractor and all sub-contractors involved in creating the open hole, allowing the open hole to exist, allowing the open hole to exist and failing to properly guard open holes.

OSHA requires Worksite employers to control the following Open-Hole situations:
Floor holes that can be accidentally walked into should be guarded with either standard railing (including toe boards) on any exposed side, or be secured and covered with appropriate warning signs. that can be accidentally walked into should be guarded with either standard railing (including toe boards) on any exposed side, or be secured and covered with appropriate warning signs. Safety nets, personal restraint systems, and fall arrest systems should also be used when necessary to prevent falls through holes in the floor.

Wall openings that have a 6 foot or greater drop and where the bottom of the opening is less than 39 inches from the above working surface should be restrained with guardrails, safety nets, and other safety systems as needed.

*Ropes, barricades and toe boards should be provided whenever there is a wall opening that is less than 4 inches above the working surface or whenever work is being performed on a floor or wall opening.

Fall protection measures for holes in the floor or other fall risks are often not assessed when beginning construction work. It is the employer and contractor’s responsibility to make sure appropriate fall protection measures are taken for any fall risks, not limited to holes in floors or walls, but additionally providing safety measures like stair railings, handrails, and safety lines.

While working on a roof, our client was moving decking when he fell through a hole. As a result, Our client was left paralyzed. Our Personal Injury Lawyers obtained a verdict of $5,500,000.

Many employers fail to recognize the severity of injury or death that can result from accidents from relatively low heights. The majority of deaths from falling in construction sites come from heights of less than 10 feet.

Either the appropriate safety harnesses to prevent falls through holes, or adequate training is not provided to employees. Many times, employers neglect language barriers, and do not provide proper training in the worker’s language. Therefore, making them less able to protect themselves or understand the severity of the danger involved in their labor.

Falling through holes in the roof, skylight openings or falling through holes in floors and walls can result in serious and debilitating injuries that can last a lifetime and/or death.

Falls through floor injuries include:

• Broken feet, ankles, legs
• Back injuries, spinal injuries, crushed and severed spinal cords
• Traumatic brain injuries, concussions, neck injuries, paralysis, paraplegia, and quadriplegia

Injuries like these often require long term medical care for the rest of the worker’s life preventing the worker from returning to work temporarily or permanently.

Contact our Work Injury Attorneys The Dallas Work Injury Lawyers of Miller Weisbrod offer informed counsel and experienced representation to clients in Texas and nationwide. To discuss your case in a free initial consultation with an experienced lawyer, please fill out the contact form on this page to schedule an appointment. You can also call us directly at 214-987-0005 or toll free at 888-987-0005.

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Workplace Accident Injuries

The workplace can be a potentially dangerous environment, no matter what type of job you do. Whether working on a construction site or in an industrial setting, a workplace accident can result in catastrophic injury or even death.

If you or a loved one has suffered a Workplace Accident, you should discuss your rights and options with an experienced Work Injury Attorney. Without experienced representation, you could settle for far less than you are entitled to.

The Dallas Work Injury Lawyers of Miller Weisbrod offer informed counsel and experienced representation to clients in Texas and nationwide. To discuss your case in a free initial consultation with an experienced lawyer, please fill out the contact form on this page to schedule an appointment. You can also call us directly at 214-987-0005 or toll free at 888-987-0005.

Recovering Compensation For Catastrophic Work Injuries Independent contractors are not covered by workers' compensation laws, unless they have been misclassified. If you are an independent contractor who is injured at a work site, you can sue for personal injuries under theories such as negligence, product liability, and premises liability.

In Texas, not all employer’s have insurance that is true Texas Worker’s Compensation insurance. Some employers have what is called “non-subscriber” insurance (often these are called Occupational Accident and Injury Plans). Under these circumstances, the employee can bring suit to recover money damages in addition to what is provided for employee. This can be a tricky area! You should have an experienced Work Injury Attorney review your case and your insurance policy to advise you of your rights.

A "non-subscriber" is any employer who chooses not to subscribe to workers' compensation coverage. When your employer opts out of workers' comp coverage, you cannot file a workers' comp claim. Instead, your only option is to pursue a non-subscriber work injury claim. Instead, your only option is to pursue a non-subscriber work injury claim which includes the right to sue your employer for full damages NOT just those covered under an occupational injury plan.

Occupational accident coverage provides a degree of coverage for accidents or injuries while a person works. It is optional coverage and typically costs about 50% less than workers’ comp coverage. It may suit companies that do not need all of the benefits that a comprehensive workers’ comp policy provides. Occupational accident insurance covers lost wages, medical expenses, and death benefits up to the policy limit. Additionally, businesses can choose the deductible, limits, and disability coverage they want to buy.

Even if you are an employee covered by worker’s compensation insurance and someone other than, or in addition to, your employer is responsible for your injuries, then you can recover. This is true even if your employer is partially responsible!

OSHA’s Top Ten Frequently Sited Violations

• Fall Protection, construction
• Hazard Communication Standard
• Respiratory Protection, general industry
• Scaffolding, general requirements, construction
• Ladders, construction
• Control of Hazardous Energy
• Powered Industrial Trucks, general industry
• Fall Protection–Training Requirements
• Eye and Face Protection
• Machinery and Machine Guarding, general requirements

Fatal Falls According to OSHA, out of 4,674 worker fatalities in private industry for the calendar year 2017, 971 (or 20.7%) were in construction. Additionally, fall protection in construction was the number one most frequently cited OSHA violation for 2018.

A recently constructed CDC Occupational Safety database allowed researchers to determine that falls accounted for nearly half of all construction worker deaths. This database was also able to track and analyze all fall incidents from 1982-2015.

• 42% percent (325) of the fatalities involved falls
• 54 percent of the workers killed had no access to a personal fall arrest system, and 23 percent had access to a PFAS but did not use it
• Most of the workers with no access to PFAS worked for residential building contractors and contractors in the roofing, siding and sheet metal sectors
• 107 of the 325 falls were from 30 feet or higher
• 20 percent of the 768 deaths occurred in the victims’ first two months on the job

Throughout the industry, these falls were largely preventable. More than half of the workers involved in falls lacked access to fall protection. This includes even basic protections such as freestanding handrail systems.

Our experienced Work Injury Attorneys understand the serious and potentially lifelong impact a Catastrophic Work Injury can have. From amputated limbs to paralysis to traumatic brain injuries, we use our experience and resources to help clients recover just compensation from negligent parties for their medical expenses, lost wages, partial or permanent disability, and − most importantly − the pain and suffering they have endured.

Common Accidents

• Construction accidents: trench collapses, scaffolding falls, uncovered holes, and unsecured guardrails
• Warehouse accidents
• Inadequately guarded machines
• Lack of safety policies, e.g. lock-out/tag-out, etc.
• Accidents caused by defective machines or defective products
• Electrical accidents
• Oil field accidents
• Fires or explosions
• Delivery or commercial trucking accidents
• Other commercial vehicle accidents
• Accidents resulting from repetitive physical or psychological stress
• Slip-and-fall accidents and other issues of premises liability
• Other on-the-job accidents

A general contractor ignored its own requirements for safety training of a subcontractor workforce. As a result, Our client never received training in how to properly use his fall protection equipment. Our client fell two stories and hit the ground because the equipment was hooked up improperly. He was left paralyzed. When the general contractor refused to tender their insurance limits, Clay Miller tried the case to a Dallas County jury in October 2017, and obtained a verdict of $26,500,000, including $15,000,000 of punitive damages.

Experienced Representation Against Insurance Companies
Employees who have suffered an injury in a workplace accident find that insurance companies are often quick to offer settlements, or pressure them into signing waivers that limit their rights. Our Work Injury Attorneys have significant experience taking on big insurance companies or liable third parties, and defend our clients' right to receive full and fair compensation.

If you or someone you love suffered a fall injury at a construction site, do not hesitate to contact the Dallas Work Injury Attorneys of Miller Weisbrod. Call our offices in Dallas at 214.987.0005 or toll free at 888.987.0005 for a free consultation. You may also contact us by filling out the form on this page for answers to your important questions or to schedule an appointment.

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Ram trucks recalled after reports of faulty side airbags, hurling shrapnel

Stellantis, formerly known as Fiat Chrysler, said Friday it was recalling more than 266,000 of its pickup trucks in North America and other markets following a probe that found some vehicles may have faulty airbags that, if exploded, could hurl shrapnel toward passengers.

Side-curtain Air Bags
August 13, 2021; Auburn Hills, Mich. - FCA US LLC is voluntarily recalling an estimated 212,373 U.S.-market vehicles to replace their side-curtain air bags.

An FCA US investigation discovered certain vehicles may be equipped with air-bag inflators that were contaminated by moisture during the supplier’s manufacturing process. Such inflators may rupture, even without air-bag deployment, possibly sending debris into the cabin.

The vehicle manufacturer said in a statement that the recall includes Ram 2500 and 3500 pickup trucks from the 2015 to 2020 model years. Stellantis said the current-generation Ram 1500 truck is not affected by the recall.

Check to see if your vehicle has a recall:
Mopar(Dodge)
National Highway Traffic Safety(NHTSA)

The recall includes about 212,373 vehicles in the U.S. market, an estimated 42,532 in Canada and 3,802 in Mexico.

Side curtain airbags, also known as head curtain airbags, generally span the length of the cabin and provide head protection for outboard occupants in side-impact collisions. Side curtains also protect occupants in the event of a rollover, by helping to keep passengers inside the vehicle and from violently striking the interior of the vehicle.

Dallas Defective Air Bag Attorneys
Failure to deploy is only one result of a defect in a vehicle's air bag system. Late deployment can exacerbate injuries in a crash. Overly powerful deployment can pose serious risk of face, head and neck injuries, especially in smaller passengers, women and the elderly. In addition, the gases that power air bag deployment may cause serious chemical burns to the face, neck and chest.

The National Highway Traffic Safety Administration (NHTSA) attributed more than 200 deaths to faulty airbag deployment in low-speed or low-severity auto crashes. Other serious injuries included tooth loss, eye injury, broken noses, whiplash, blindness, quadriplegia and partial decapitation. NHTSA also reports that over half those killed or injured by over-aggressive airbag deployment are children.

If you were severely injured or a loved tragically died in an accident in which the airbag did not deploy, or injured by airbag debris, we invite you to contact our Defective Airbag Attorneys at 214.987.0005 to discuss your rights and legal options with an experienced trial lawyer. Please fill out the contact form on this page to schedule an appointment. We offer free initial consultations to potential clients nationwide. If you are calling from outside the DFW Metroplex, please use our toll-free line at 888.987.0005 to schedule an appointment.

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Dangerous Scaffolding Accidents

According to the Bureau of Labor Statistics (BLS), scaffolding accidents result in 4,500 injuries and over 60 deaths each year and that almost 30 percent of all workplace deaths from falls involve scaffolding or ladders. These accidents are 100% preventable if workplace safety regulations are followed.

Leading Factors in Scaffolding Accidents:

• Defective or faulty scaffolding (either through manufacturing or design)
• Falling debris
• Faulty inspection of scaffolding
• Uninspected scaffolding
• Overloaded scaffolding
• Lack or improper use of scaffolding safety equipment
• Failure of scaffold parts (i.e. wires, bracing, guard rails, planks, etc.)

Construction and industrial sites often use scaffolding to reach upper levels of buildings. While scaffolding is commonly used to allow workers to safely access high rise infrastructures, they can also cause severe injuries as there are several hazards associated with their use.

Many times, scaffolding is missing important items like bracing that prevents workers from falling. Other common problems causing dangerous scaffolding involves the failure to place the proper footing on the scaffolding allowing it to become unstable and even collapse.

Some specialty trades use scaffolding called “pump jacks” to reach upper levels of a building under construction or undergoing maintenance/repair work. These scaffolding must have the appropriate bracing in place on the support poles or they can collapse or tip backwards from the building.

Our client, while working for the City, fell when the scaffolding collapsed due to faulty components. He is now paraplegic. Our Personal Injury Lawyers obtained a recovery of $5,000,000.00

Common Scaffolding Injuries Scaffold collapse injuries can range in severity. It is not uncommon for us to see the following injuries after a scaffolding incident:

• Spinal cord injuries including paralysis
• Traumatic brain injuries
• Broken or dislocated bones
• Severe lacerations or punctures
• Loss of or damage to a bodily organ
• Significant disfigurement
• Amputations

Each of these injuries requires extensive medical attention. Not only will this lead to major medical bills, but the injured person may not be able to work while they recover. Lost income could jeopardize the financial stability of their family. If a scaffold accident victim is disabled, they may require lifelong care.

Safety Standards The Occupational Safety and Health Administration (OSHA) publishes regulations on scaffold safety, including how to construct, maintain, and use scaffolds.

In addition, many private organizations publish scaffold safety standards. Violations of these standards can be used as evidence of negligence in personal injury cases resulting from scaffold accidents.

Experienced Representation Against Insurance Companies Employees who have suffered an injury in a workplace accident find that insurance companies are often quick to offer settlements, or pressure them into signing waivers that limit their rights. Our Work Injury Attorneys have significant experience taking on big insurance companies or liable third parties, and defend our clients' right to receive full and fair compensation.

The Dallas Work Injury Lawyers of Miller Weisbrod offer informed counsel and experienced representation to clients in Texas and nationwide. To discuss your case in a free initial consultation with an experienced lawyer, please fill out the contact form on this page to schedule an appointment. You can also call us directly at 214-987-0005 or toll free at 888-987-0005.

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Neonatal Therapeutic Hypothermia

Neonatal Therapeutic Hypothermia (Cooling)

Treatment for Hypoxic-Ischemic Encephalopathy (HIE)

What is Hypoxic-Ischemic Encephalopathy (HIE)
Hypoxic-ischemic encephalopathy (HIE) is a type of birth injury caused by oxygen deprivation and/or limited blood flow to the brain at or near the time of birth. It can result in permanent brain damage, lifelong disabilities such as cerebral palsy (CP), and even infant death. A treatment called therapeutic hypothermia (also referred to as “cooling”) might reduce the severity of the brain injury/birth injury if your baby suffered a brain injury due to a lack of oxygen during labor and delivery.

What is Neonatal Therapeutic Hypothermia? Therapeutic hypothermia (also known as hypothermia therapy, brain cooling, cooling therapy, and cooling treatment) is a procedure used to help slow down the brain injury process associated with HIE.

Therapeutic hypothermia is now a standard treatment for HIE if your baby suffers a birth injury and meets certain criteria.. It can slow down the injury process, allowing the baby’s brain to heal and minimizing the spread of damage.

Lowering the body’s temperature slows the metabolic rate and allows cells more time to recover from neurological damage resulting in brain injury to the baby. Cooling therapy for birth asphyxia has been shown to positively affect the following in infants with HIE:

• Nitric oxide production
• Apoptosis
• Cerebral metabolism and blood flow
• Excitatory amino acids
• Cerebral energy

Guidelines for Cooling
Guidelines for cooling vary from Hospital to Hospital. Therapeutic hypothermia should be given when a baby suffers a birth injury/brain injury and the following criteria are met:

• The baby is less than six hours of age and was born after at least 36 weeks of pregnancy
• At least one of the following:
  - A complication before delivery, such as cord prolapse, uterine rupture, or profound fetal bradycardia
  - An APGAR*score of five or lower at 10 minutes of life
  - Prolonged resuscitation at birth
  - Severe acidosis
  - Abnormal base excess within 60 minutes of birth, as shown in umbilical cord gas or neonate blood gas
• At least one of the following:
  - Signs of neonatal seizures - Evidence of neonatal encephalopathy in a clinical exam

*APGAR: (Appearance, Pulse, Grimace, Activity, Respiration) Score ranges:
Critically Low 0-3
Below Normal 4-6
Normal 7+

When should a baby not receive therapeutic hypothermia?
Guidelines state that babies should not receive therapeutic hypothermia if they had a premature birth (under 34 weeks into pregnancy), and that physicians should exercise extreme caution if they weigh less than 3-4 lbs., have severe congenital abnormalities, suffered major intracranial hemorrhage (brain bleed), have overwhelming septicemia (blood infection), or show evidence for a blood clotting disorder that could make the treatment dangerous.

Cooling is now a “standard of care” for certain babies that suffer a birth injury or brain injury from a lack of oxygen during labor and delivery. If your baby needs to receive cooling to slow or reverse some of the brain injuries, your doctors, nurses and the hospital can be held liable for failing to provide cooling treatment for your baby. If the doctors, nurses and hospital did not follow procedure and meet standards of care, that constitutes medical negligence and medical malpractice. Medical providers should inform parents whether their baby’s medical condition due to a birth injury requires them to receive cooling therapy.

As experienced Birth Injury Lawyers, we fight hard for answers and justice if a delivery room error or doctor's negligence caused your child's birth injury.

If your child suffered a serious injury or lifetime disability due to a mistake before, during or after delivery, a lawsuit may be the best way to find out once and for all what happened and who should be held responsible. Contact us today to schedule a free consultation with an experienced birth injury lawyer. We encourage you to call our offices today at 214.987.0005 or toll free at 888.987.0005.

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Improper Fetal Heart Rate Monitoring

Fetal monitoring refers to the process of listening to and interpreting the heartbeat patterns of a baby during labor and delivery. Fetal heart rate monitoring can help medical professionals (specifically labor and delivery nurses and obstetricians) evaluate an unborn baby’s health. If the baby’s heart rate is too high (tachycardia), too low (bradycardia), this is a sign of fetal distress.

Fetal distress can mean that the baby’s body is trying to compensate for oxygen-depriving conditions. Fetal distress and abnormal heart rates could be caused by a chronic (long-lasting) issue such as uteroplacental dysfunction or an acute (short-term) issue like uterine tachysystole/hyperstimulation. Fetal distress can cause a baby to suffer a birth injury if the distress is not stopped or the baby is not delivered depending upon the circumstances.

If medical professionals fail to use fetal heart rate monitors as indicated, use monitors incorrectly, improperly interpret monitor readouts, or fail to intervene when necessary, the consequences could be serious. If the baby is harmed by negligent actions of labor and delivery nurses and doctors (including Obstetricians or Maternal Fetal Medicine specialists) related to fetal heart rate monitoring, this constitutes medical malpractice/medical negligence.

Interpreting FHR Patterns The Fetal Heart Rate (FHR) pattern information together with the measurement of the mother's contractions is referred to as Electronic Fetal Monitoring (EFM) tracings. The EFM tracings provide critical insight into the level of stress the baby is under during labor and birth. The FHR monitor identifies the normal baseline heart rate and then tracks how the rate rhythm accelerates and decelerates during each contraction.

Heart Rate Variability There are certain fetal heart rate ranges in unborn babies that can indicate their health status. Heart rate variability (HRV) is the fluctuation in the time intervals between adjacent heartbeats.

*Persistently minimal or absent FHR variability appears to be the most significant sign of fetal compromise.

Absent Variability

Minimal Variability - below 6 bpm and absent when non visible (Increased risk of fetal acidemia)

Moderate Variability – presence of Accelerations and no Decelerations (6-25bpm) Healthy baby

Marked Variability - may represent an increased response due to a stressful event

Normal fetal heart rate (baseline): approximately 110bpm – 160bpm
Slow fetal heart rate (bradycardia): under 110bpm
Fast fetal heart rate (tachycardia): more than 160bpm

Tachycardia – High Fetal Heart Rate Tachycardia can mean that the baby’s heart is working harder than normal to pump blood and oxygen to the rest of the body. This is a compensatory mechanism that can help offset low oxygen conditions. Sustained tachycardia puts babies at risk for cardiovascular failure.

Bradycardia – Slow Fetal Heart Rate Bradycardia can be caused by a number of factors. In many cases, it results from fetal oxygen deprivation caused by dangerous complications such as uterine tachysystole/hyperstimulation, placental abruption, or uterine rupture. It can also be caused by maternal health issues, such as hypotension or seizures.

Interpreting the acceleration and deceleration FHR patterns in response to contractions tells doctors and nurses if the baby is under duress and may not be getting enough oxygen.

Deceleration refers to how the FHR slows down after a contraction. During a contraction, the FHR speeds up (acceleration) due to the compression of the placenta as the mother's uterus muscles push the baby through the birth canal.

Fetal heart rate patterns are classified as reassuring, nonreassuring or ominous. Nonreassuring patterns such as fetal tachycardia, bradycardia and late decelerations with good short-term variability require intervention to rule out fetal acidosis. Ominous patterns require emergency intrauterine fetal resuscitation and immediate delivery if they cannot be quickly corrected.

When contractions end the baby's FHR normally slows down (decelerates) in a slow, even pattern and eventually returns to the normal baseline FHR. When FHR does not decelerate in a normal pattern after a contraction it is a key indication that the baby is in distress.

Late decelerations are signs of fetal distress. They are different than “early” decelerations in that they begin at or after the high point (nadir) of the contraction and are a gradual deceleration. These must be responded to immediately and if they persistent the baby must be delivered even if by Cesarean section/c-section.

Variable decelerations are abrupt (rather than gradual) decreases from the baseline without regard to the timing of any contraction. When variable decelerations are combined with minimal or absent variability intervention is required and if no improvement is seen, the baby must be delivered.

The fetal monitoring strip is the window into the healthiness of your unborn baby (“fetus”). Labor and delivery nurses, obstetricians and maternal-fetal medicine specialists must closely watch the strips. If signs of fetal distress are present and they persist your baby needs to be delivered. If these medical professionals fail to react to fetal distress on the fetal monitoring strips and your baby suffers an injury, the hospital, nurses and doctors may well be responsible for their medical malpractice/medical negligence leading to your baby’s birth injury.

There is nothing more traumatic than your child suffering a birth injury. Many birth injuries cause serious medical problems that could end in lifetime disability. The Texas Birth Injury Attorneys at Miller Weisbrod understand the significant impact a birth injury will have not only on your child's life, but also your own. As experienced Birth Injury Lawyers, we fight hard for answers and justice if a delivery room error or doctor's negligence caused your child's birth injury.

If your child suffered a serious injury or lifetime disability due to a mistake before, during or after delivery, a lawsuit may be the best way to find out once and for all what happened and who is to blame. Contact us today to schedule a free consultation with an experienced Birth Injury Lawyer. We encourage you to call our offices today at 214.987.0005 or toll free at 888.987.0005 for your free consultation.

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Types of Product Liability Claims

Miller Weisbrod's Product Liability Attorneys help victims of defective consumer and industrial products and nationwide. We have the experience and resources to take on major manufacturers of defective products in pursuit of maximum financial compensation for our injured clients and families who have lost a loved one from a defective product.

Manufacturers and distributors of defective products may be held legally liable to pay for damages if their product causes injury to a consumer or worker. The Product Liability Attorneys at Miller Weisbrod have a proven record of success in obtaining substantial insurance settlements and jury awards for victims of defective products for the home or workplace.

Regardless of whether strict liability, or negligence, a consumer usually will need to prove that one or more of three types of defects existed. These are manufacturing defects, design defects, and marketing defects, also known as failures to warn.

In addition to proving the existence of the defect, the consumer will need to show that the defect caused their injury. This means that they would not have been injured if the defect had not been present.

Manufacturing Defects
Occurs when there was a problem with how a specific item was made. A manufacturing defect might arise from an error on the assembly line at the factory, which makes a certain product different from all of the others in its line.

Design Defects
The people and entities that made the blueprint or specifications for the product may be responsible for failing to take foreseeable risks into account.

Marketing Defects (Failures to Warn)
If a manufacturer fails to provide appropriate instructions on how to use a product, or fails to warn consumers about its inherent risks, this may give rise to a product liability claim based on a marketing defect.

Breach of Warranty
If a product comes with a written warranty, and it fails to live up to the terms of the warranty, a victim might be able to bring a claim based on a breach of express warranty. You might find a warranty on labeling or packaging, in the advertising for a product, or in a manual that comes with a product.

Our Product Liability Lawyers have the proven legal skill and experience to handle the complex evidentiary issues involved in a wide range of defective product liability litigation, including:

• Explosions caused by faulty air compressors
• Exploding E-Cigarette and other Vaping Devices
• Exploding Cell Phones
• Accidental death caused by defective elevator doors and lift mechanisms
• Injuries caused by defective household products like power tools and ovens
• Serious injury or wrongful death caused by products for infants and children

If you were injured or a loved one died due to a defective consumer or industrial product, we encourage you to call our offices today at 214.987.0005 or toll free at 888.987.0005.

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What is a Premises Liability Lawsuit

Premises liability lawsuits holds a property owner responsible for damages arising out of an injury on that person or entity's property. Owners that occupy a property must make a reasonable effort to maintain a safe environment for visitors to it. Failure to keep the property safe for visitors results in "premises liability."

Miller Weisbrod, Attorneys At Law, have obtained substantial multi-million dollar recoveries on behalf of families nationwide.

$2.13 million against an apartment complex for not providing a safe structure as well as against the Construction company that performed Inadequate Maintenance; injuring our client in a Baclony collapse

Common premises liability lawsuits:

• Dangerous Property
• Inadequate Maintenance
• Negligent or Inadequate Security
• Amusement Park Accidents
• Retail Store Liability
• Public Swimming Pool Liability

Different states follow different rules about who may recover for premises liability. Some states focus on the status of the person visiting the property to determine whether liability is appropriate. The status of a visitor in those states is usually invitee, licensee, or trespasser.

• An invitee is somebody invited onto a property for a commercial purpose, such as a customer at a mall
• A social guest or licensee is also present on the property at the invitation or by permission of the property owner or occupant. For invitees and licensees, the invitation is an implied promise that it is safe to be on the property
• Trespassers who are on the property without any right to be there and who are hurt are unable to recover at all. The owner or occupant must simply refrain from intentionally trying to hurt the trespasser, such as by setting traps. In some cases, when an owner knows it is likely there will be a trespasser, it is required to give reasonable warnings of non-obvious dangers to trespassers

Limitations on Recovering for Premises Liability
Most states follow the principles of comparative negligence in premises liability cases. This means an injured person who is partially or fully responsible for what happened cannot recover for damages arising out of a dangerous property condition.

Comparative Negligence
States that follow comparative negligence can use one of three rules.

• pure comparative negligence
  This allows a plaintiff to recover damages from the defendant minus his or her percentage of responsibility
• modified comparative negligence
  In some states a plaintiff will not recover if the jury determines he or she is equally responsible (50%) or more for an accident.
• slight/gross negligence
  The plaintiff’s and defendant's respective degrees of fault are only compared when the plaintiff's negligence is considered "slight," and the defendant's negligence is considered "gross." The plaintiff is barred from recovery if his or her fault is more than "slight"

At Miller Weisbrod, Attorneys At Law, our team of Premises Liability Attorneys offer you legal guidance and experienced representation in seeking full financial compensation if unsafe conditions caused serious injury or the loss of a loved one.
Contact us today for a free consultation at (214) 987-0005.

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Excessive Speeding Leading Cause of Truck Accidents

Speeding is a leading cause of truck accidents in the United States. A speeding truck has so much momentum that the resulting accident is very likely to result in severe injury or death. Truck drivers continue to exceed the speed limit and trucking companies turn a blind eye. Data from the National Highway Traffic Safety Administration shows traffic fatalities are way up, with over 100 more than this year than all of 2020. Experts say, there are more trucks on the road than ever, which has led to a hiring surge to keep up with a post-pandemic demand for goods.

When intrastate, interstate or long-haul trucking companies ignore a truck driver history of speeding, police reports, or log book evidence, they may bear corporate responsibility to pay for the injuries, property damage or wrongful deaths that result when speeding trucks have the run of the road.

The Truck Driver Was Speeding, But Who Should Pay?
Based on years of experience in a large number of high-profile cases nationwide, our Texas Truck Accident Attorneys are accomplished at getting to the root of this question. It is true that speeding truck drivers should bear responsibility for their actions, but what about the trucking company's responsibility to enforce the rules and regulations?

The Dallas Truck Accident Lawyers of Miller Weisbrod serve the needs of truck accident and injury victims nationwide. Our team is ready to be on the scene quickly to gather the evidence about the cause of your accident.

Swift legal action may be required to protect your rights against trucking company and insurance carrier investigators who seek to limit their responsibility to pay. Evidence that the truck driver was speeding can easily be lost or obscured by others who do not care about protecting your interests.

Miller Weisbrod, Attorneys At Law, have obtained substantial multi-million dollar recoveries on behalf of bereaved families across the nation. Among them:

• $8.75 million from a major trucking company that was responsible for the deaths of two Mexican nationals
• $6 million for the family of a female driver killed by a distracted driver

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

For more information about how we can help your family during this difficult time, we invite you to contact our offices in Dallas toll free at 888.987.0005 to schedule a free consultation with one of our lawyers.

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