Blogs

Author: Rene Rogers

Essure Implant Litigation

By Nov 26, 2018 Posted in Uncategorized

The Ensure implant was marketed as a permanent birth control device by the Bayer company. More than 16,000 U.S. women are suing Bayer over the Essure implant device. The Food and Drug Administration has placed multiple restrictions on the Essure device following patient reports of pain, bleeding, allergic reactions and cases where the implant punctured the uterus or shifted out of place. After thousands of injury reports from women, and repeated safety restrictions by regulators, Bayer has announced that it will stop selling the Essure device in the U.S. Last year, Bayer stopped selling the device in Europe. https://www.washingtonpost.com/news/to-your-health/wp/2018/07/20/sales-of-essure-birth-control-implant Injuries associated with Essure include: • Bleeding • Abdominal pain and cramping • Chronic pelvic pain • Implant migration • Perforation/tearing of the uterus or fallopian tubes • Back, joint or muscle pain • Muscle weakness • Unintended pregnancy, miscarriage, fetal death • Surgeries to treat the complications The FDA has posted Essure information on its website: https://www.fda.gov/medicaldevices/productsandmedicalprocedures/implantsandprosthetics/essurepermanentbirthcontrol/ucm452254.htm What should you do if you are having problems caused by the Essure device? The Mayo Clinic recommends that you talk with your doctor about your options if you have persistent pain or other symptoms that you think might be related to the Essure device, and advises that removing the Essure device may require surgery, which poses certain health risks. https://www.mayoclinic.org/tests-procedures/contraceptive-implant/expert-answers/essure-discontinued/faq-20436674 If you or a loved one has been harmed by an Essure device, contact us. We may be able to help.

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Food Safety Alert: What you need to know about the current E.coli outbreak

By Nov 24, 2018 Posted in Uncategorized

What actions do you need to take to avoid an E.coli infection? The U.S. Center for Disease Control has advised that U.S. consumers not eat any romaine lettuce, and retailers and restaurants not serve or sell romaine lettuce, until more is learned about the outbreak. Also, drawers or shelves in refrigerators where romaine was stored should be washed and sanitized. https://www.cdc.gov/ecoli/2018/o157h7-11-18/index.html • Consumers who have any type of romaine lettuce in their home should not eat it and should throw it away, even if some of it was eaten and no one has gotten sick. • If you do not know if the lettuce is romaine or whether a salad mix contains romaine, do not eat it and throw it away. • Wash and sanitize drawers or shelves in refrigerators where romaine was stored. Follow these five steps to clean your refrigerator. • Restaurants and retailers should not serve or sell any romaine lettuce, including salads and salad mixes containing romaine. Take action if you have symptoms of an E. coli infection: • Talk to your healthcare provider • Write down what you ate in the week before you started to get sick • Report your illness to the health department • Assist public health investigators by answering their questions. How many have become ill from this E.coli outbreak? At least 32 people have become seriously ill due to the latest E. coli outbreak. Epidemiologic evidence from the United States and Canada indicates that romaine lettuce is a likely source […]

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Asleep at the Wheel — The Dangers of Driver Fatigue and how to Prevent it

By Nov 19, 2018 Posted in Uncategorized

How serious a problem is driver fatigue? According to the National Highway Traffic Safety Administration, every year about 100,000 police-reported crashes involve drowsy driving. These crashes result in more than 1,550 fatalities and 71,000 injuries. The real number may be much higher, however, as it is difficult to determine whether a driver was drowsy at the time of a crash. https://www.nsc.org/road-safety/safety-topics/fatigued-driving A study by the AAA Foundation for Traffic Safety estimated that 328,000 drowsy driving crashes occur annually. That’s more than three times the police-reported number. The same study found that 109,000 of those drowsy driving crashes resulted in an injury and about 6,400 were fatal. The researchers suggest the prevalence of drowsy driving fatalities is more than 350% greater than reported. http://citeseerx.ist.psu.edu/viewdoc/download?doi=10.1.1.684.6347&rep=rep1&type=pdf How does fatigue affect drivers? • slower reaction time • impaired judgment and vision • decline in attention to important signs, road changes and the actions of other vehicles • decreased alertness, preventing you from seeing an obstacle and avoiding a crash • increased moodiness and aggressive behavior • problems with processing information and short-term memory http://drowsydriving.org/wp-content/uploads/2009/10/Key-Messages-and-Talking-Points.pdf When do crashes due to fatigue occur? Most drowsy driving crashes happen between midnight and 6:00 a.m., when the body’s need for sleep is greatest, and in the mid-afternoon (during the circadian dip). • The driver is alone and more likely to be male. Drivers who drive alone or have no one to help them watch for the signs of fatigue are at higher risk. • Sleep-related crashes tend to […]

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Why do I need to call a lawyer immediately after an accident?

By Oct 6, 2018 Posted in Uncategorized

1. A lawyer can help make sure important evidence is preserved. In many cases, there may be video recordings of the accident or other evidence that can be preserved, if the request is properly and timely made. 2. A lawyer will be on your side, when virtually no one is. The insurance adjuster is not paid to help you. The adjuster is paid to save the insurance company money. We have received countless calls from people who were tricked or lied to by adjusters. 3. A lawyer can put pressure on the insurance company to handle matters in a swift and expeditious manner. Insurance adjusters know they can’t pull the wool over an attorney’s eyes they way they can with those unfamiliar with the system. 4. A lawyer can help you get the proper medical care promptly. Many doctors will not treat patients who have been injured in an accident. This is because health insurance companies don’t always pay doctors promptly for treating accident victims. 5. If you do not have health insurance a lawyer can help you find doctors who will treat you while your case is pending. 6. A lawyer can help get the hospital to bill your health insurance. Often the hospital wants to avoid billing health insurance and instead files a hospital lien. The lien is filed by the hospital in an effort to make more money from treating you. 7. A lawyer can help getting the health insurance company to pay your accident related bills. […]

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Auto-Bike Collisions

By Aug 23, 2018 Posted in Blog

From school kids riding on bike paths, to the avid bicyclists on the roads, there are a lot of bike riders in The Woodlands and Spring. Unfortunately, all too often, bike riders are struck by cars. Even wearing a helmet and other protective gear, a bike rider may suffer severe injuries if struck by a car. According to the NTSA, bicyclists accounted for 2.2 percent of all traffic deaths in 2016. Bicyclist deaths occur most often between 6 and 9 p.m. and in urban areas. The vast majority of bicyclists killed are male. The NTSA provides these pointers to avoid bike accidents: • Ride a bike that fits you—if it’s too big, it’s harder to control the bike. • Ride a bike that works—it really doesn’t matter how well you ride if the brakes don’t work. • Wear equipment to protect you and make you more visible to others, like a bike helmet, bright clothing (during the day), reflective gear, and a white front light and red rear light and reflectors on your bike (at night, or when visibility is poor). • Ride one per seat, with both hands on the handlebars, unless signaling a turn. • Carry all items in a backpack or strapped to the back of the bike. • Tuck and tie your shoe laces and pant legs so they don’t get caught in your bike chain. • Plan your route—if driving as a vehicle on the road, choose routes with less traffic and slower speeds. Your […]

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Steps to follow if you are in an auto collision

By Jun 22, 2018 Posted in Uncategorized

Download In Case of Accident Brochure At the scene: • Make sure you are safe. If you are on the freeway, move to the shoulder if you can. Turn on your emergency flashers. • Unless the collision is extremely minor, call 911. • Do not admit fault or apologize. Simply ask if the other drivers and passengers are ok. • Do not say that you are uninjured. Due to the adrenaline, sometimes people do not realize they are injured until after they leave the scene. • The police officer will provide you with an information sheet with the insurance information for the other parties. • Get the names and contact information from witnesses. • If it’s safe to do so, take photographs of the vehicles and collision scene. If it’s not safe, or if you are taken by ambulance, take photos of the scene afterward or ask a friend to take photos. • If you are injured, allow the paramedics to examine you and if they recommend you go to the hospital, follow their recommendations. After the collision: • Seek medical treatment if you need it. Delays in seeking medical treatment will be held against you by the insurance companies. • Report the collision to the other driver’s insurance company and to your insurance company. • If you are injured, do not give a recorded statement without speaking with a lawyer. • If you are injured retain a lawyer as soon as possible to ensure your rights are protected. • […]

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Refinery Explosions

By May 19, 2018 Posted in Blog

Unfortunately, the U.S. leads all other countries in plant explosion deaths. For residents and plant workers located in Pasadena and Deer Park, the danger of plant explosions is a reality of life.  High temperatures, high pressure applications and caustic substances can be a recipe for serious injury or death. Although workers compensation rules can sometimes severely limit recoveries by injured workers, it is important to thoroughly investigate the issues of whether the explosion was caused by a defective product, or by the negligence of the employees of company other than the injured worker’s employer. These issues can make a huge difference in the injured worker’s recovery. For these reasons, it is important that the injured worker consult an experienced lawyer before signing any documents after being injured in a plant explosion. The attorneys at Wham & Rogers have experience handling plant explosion cases and have roots in the Pasadena area. Mark Wham is a graduate of Sam Rayburn High School and Rene Rogers attended Deer Park High School. Attorneys with Wham & Rogers  are available by appointment at 2600 South Shore Blvd Suite 300, League City, TX 77573.

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How dangerous is distracted driving?

By Apr 23, 2018 Posted in Blog

Distracted Driving Is a Factor in 15% of injury crashes 10% of fatal crashes and 15% of injury crashes in 2015 were distraction-affected. In 2015, there were 3,477 people killed and an estimated additional 391,000 injured in crashes involving distracted drivers. Cell phone use causes as much impairment as driving drunk People are as impaired when they drive and talk on a cell phone as they are when they drive intoxicated at the legal blood-alcohol limit of 0.08%.    Cell phone users are 5.36 times more likely to get into an accident than undistracted drivers. https://archive.unews.utah.edu/news_releases/drivers-on-cell-phones-are-as-bad-as-drunks/ Texting while driving increases the risk of crashing by 23 times Text messaging increases the risk of crash or near-crash by 23 times.   Sending or reading a text message takes your eyes off the road for about 5 seconds, long enough to cover a football field while driving at 55 mph Texting and driving is 6 times more likely to get you in an accident than drunk driving. It takes an average of three seconds after a driver’s mind is taken off the road for any road accident to occur. Reading a text message while driving successfully distracts a driver for a minimum of five seconds each time. The average speed in the US is about 55 mph. Taking five seconds to read a text in this time means that the driver travels the length of a football field without looking at the road. When you text while driving, the time that you spend with your eyes off the road increases […]

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ChannelView Students Involved in Tragic Bus Crash

By Mar 15, 2018 Posted in Uncategorized

Shortly before dawn on Tuesday morning, a First Class Tours, Inc. bus carrying Channelview band students crashed into a 50 foot ravine in Baldwin County, Alabama.  The students were traveling home to Channelview from a trip to Disney World in Florida. The driver was killed, and dozens of students were injured. This type of crash often causes traumatic brain injuries, as well as orthopedic injuries. By all accounts, this was a one-vehicle collision.  The most common causes of this type of bus crash are driver fatigue and vehicle equipment failure. Federal and state law have strict requirements for interstate drivers of commercial vehicles.   Despite these rules, which limit hours behind the wheel, and require scheduled rest breaks, a crash study by the  Department of Transportation study found that, in collisions where the truck was at fault, 87 per cent were caused by driver fatigue.  Many of these collisions occur between midnight and 6 a.m. — the time of day when drivers are naturally drowsy. Federal and state laws also require regular maintenance and daily inspection of commercial vehicles.  Equipment failure, such as brakes that are dangerously worn or out of adjustment, often cause fatal collisions.  It is the driver’s responsibility to check his rig at the beginning of every trip, and to submit a vehicle maintenance report.  In spite of these requirements, poor vehicle maintenance is also a major cause of truck and bus collisions.  The tour company’s online safety record shows that the company has been involved in four […]

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What caused my house to flood?

By Aug 31, 2017 Posted in Blog

One obvious answer is Harvey. However, the process of developing a subdivision is a process that must safeguard against extreme weather events. The area around your home and subdivision must be taken into account in designing a residential development.  And each neighborhood must be designed to drain properly under heavy rains. The developer’s duty of prudent development includes thorough study and analysis, and taking design and engineering steps to ensure proper drainage, to protect the area against high water events. There are many reasons a home floods other than “it just rained too much.”  Wham & Rogers, PLLC is beginning the process of examining these reasons to determine if more should have been done in the development and construction in The Woodlands and Spring and surrounding areas. If you have any concerns about your home and subdivision, please call for a free consultation.

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1790 Hughes Landing Blvd., 400
The Woodlands, TX 77380
M-F: 09:00 am - 5:00 pm
Phone: (832) 592-1108

By Appointment in Spring:
24624 Interstate 45 North, Suite 200, Spring, TX 77386

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