Texas Auto Injury Crashes, Fatalities Increase Along with Population

Texas’ rapidly expanding population has given rise to something else: more deadly car crashes.

The number of fatal automobile crashes in Texas has been on the decline since 1980, but for the past two years, both injury and fatal car accidents in Texas have risen. The increase in traffic fatalities has been linked to the state’s growth and economy, the Insurance Council of Texas (ICT) reported.

With Texas’ rapid population growth and strong economy more people are on its highways “and that translates into more accidents and more people getting hurt,” said Anne McCartt, senior vice president of the Insurance Institute for Highway Safety (IIHS).

In 2003, Texas Department of Transportation figures showed the state had 190,878 injury crashes, but the number had dropped to 139,690, or a 27 percent decline by 2011. In the past two years the numbers have risen, exceeding 152,000.

Fatal crashes in Texas dropped from 3,371 in 2003 to 3,067 in 2011, or a 10 percent decline. But during the past two years the numbers increased to more than 3,330, the ICT said.

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Source: Insurance Journal (AP, 3/24)

Lawsuits allege Baylor Plano let 'dangerous' doctor operate

PLANO — A top North Texas hospital is accused of letting a dangerous surgeon operate on patients, causing their paralysis... and even death.

The allegations are laid out in federal lawsuits against Baylor Plano by two patients who say the surgeon should never have been given credentials.

Dr. Christopher Duntsch had billed himself as one of the most accomplished spine surgeons in North Texas. So much so that in July 2011, Baylor Plano agreed to pay him $50,000 a month plus expenses to work exclusively at their hospital.

But according to a lawsuit filed by Dallas attorney Kay Van Wey, Duntsch's previous employer had identified him as "an egomaniac, mentally ill, an alcoholic, drug addict or a combination thereof." Baylor has yet to file a response in the suit, and generally denies the allegation.

Van Wey said Baylor Plano was warned, but hired Duntsch anyway.

"But after that there were multiple, multiple opportunities for them to stop him," Van Wey told News 8.

Duntsch began his practice at Baylor in July 2011.

Kenneth Fennell of Oak Point said he was one of Duntsch's first victims. He underwent two surgeries. Van Wey says both were unnecessary; the second left Fennell permanently disabled.

In December 2011, Duntsch performed back surgery at Baylor Plano on Lee Passmore. Passmore — who said he lives in constant pain with no hope for relief — is also suing Baylor.

"I haven't been able to walk straight, or run, or anything since that surgery," Passmore said.

During his surgery, according to the suit, an assisting surgeon noticed Duntsch allegedly botching Passmore's operation and had to physically intervene.

"He said, 'Stop doing what you are doing,' because Duntsch was going to damage Lee's spinal cord if he continued," said James Girards, Passmore's attorney. "Duntsch refused to stop."

Girards said the altercation was witnessed by hospital staff but never reported, an allegation that Baylor denies.

One month later, according to the suit, other surgeons described Duntsch as "an impaired physician, a sociopath who must be stopped from practicing medicine."

But no one stopped him from operating on his own roommate and best friend Jerry Summers, who could walk the day before the operation at Baylor.

The day after his surgery, he was a quadriplegic.

"It was supposed to be a pretty common surgery, and I was supposed to walk in one day and walk out the next," Summers said.

According to Fennell's suit, Summers admitted to nursing staff that he had witnessed Duntsch using drugs the night before surgery. The lawsuit alleges an attorney representing Summers called Baylor Plano and "reported the allegations concerning Dr. Duntsch's drug use."

Duntsch’s privileges were suspended, but only for a few weeks.

The suit alleges on his second day back from suspension at Baylor Plano, hospital officials let him operate on Kelly Martin of Garland. Duntsch allegedly botched her surgery.

She died from massive blood loss.

"They should have stripped him of his hospital privileges,” Van Wey said. “They should have reported him to the Texas Medical Board. They should have reported him to the National Practitioner Data Bank."

Instead, after leaving Baylor Plano, Duntsch received temporary privileges to operate at Dallas Medical Center. The suit alleges "Baylor Plano sent a letter of recommendation for Duntsch to Dallas Medical Center [...] stating there were no adverse events or adverse issues associated with Duntsch."

"I had no negative reviews or disciplinary actions," Duntsch told News 8 during a phone conversation last summer. "They wrote me a letter saying that I was in good standing the whole time. There was never any discipline, and I was never, ever reviewed."

A Baylor spokesperson told News 8 last year it did not file any formal complaints about Duntsch.

"Generally speaking, since we did not file any complaints against him, he would have been in good standing when he resigned," said Baylor spokesperson Jennifer McDowell.

In a response filed in the Passmore suit, Baylor denies giving Duntsch a letter of recommendation, and denies all of the key allegations being made in the lawsuit.

"The quality of patient care we provide is of paramount importance to us," McDowell said in a prepared statement for the media. "We take all patient care-related claims very seriously."

According to the lawsuit, after Duntsch left Baylor in "good standing," another of his patients — Floella Brown — died of excessive blood loss.

Another patient suing Duntsch, Jeff Glidewell, said the doctor left him partially paralyzed as well.

Victim after victim (or their surviving families) are all making the same or similar claims — that Christopher Duntsch should have been stopped before he was allowed to operate on them.

"They should have suspended his license until they figured out what was going on, but they didn't," Passmore said.

The lawyers suing Baylor say their cases are made difficult by Texas law, which says they can't just prove Baylor was "negligent." Those lawyers have to prove "malice" — essentially having to prove that Baylor meant to harm patients when they let Duntsch operate on them.

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Source: WFAA (Shipp, 2/10)

Austin couple gets free wedding after crash

AUSTIN -- This Valentine’s Day, an Austin couple shares their story of love, commitment and generosity. 

KVUE first reported on Kellie Mandley and Luke Hsiao in 2011, after Mandley was severely injured in a car crash, suffering a spinal cord injury. Hsiao stayed by her side, nursing her back to health and helping with her physical therapy.

Shortly after the accident, Hsiao got on bended knee and proposed to Mandley while she was in the hospital. The two had dated for seven years before the accident, meeting their freshman year at Texas A&M University.

"He swept me off my feet. That’s how it all started,” said Mandley. 

"I just wanted to get to know more about her the second I saw her,” said Hsiao. 

Mandley uses a wheelchair, and Hsiao is her primary caregiver, helping her with everyday things from cooking dinner to doing her hair. 

"Spinal cord injuries affect a lot more than just your legs. She has limited dexterity in her fingers," said Hsiao. 

Mandley has endured hundreds of hours of physical therapy continuing to keep her outgoing, upbeat attitude, and she is now ready to tie the knot. 

"I’m finally more confident. I’m building my strength and becoming more independent," said Mandley. 

After the story of their engagement aired on KVUE in 2011, wedding planner Donna Gostecnik offered to plan their wedding for free. 

"The fact Luke has stayed with her and been an integral part of her recovery is just, you just don’t see that these days,” said Gostecnik. 

She contacted wedding businesses in Austin who are donating everything for free to make the couple’s day special. 

This week they discussed their groom’s cake and tasted flavors at Sweet Treet’s Bakery. 

"It’s such a sad but sweet story, and I’m the type of person once I found out what a fighter she is, I had to help out,” said Sweet Treet’s Bakery owner Jackie McGrath. 

"I’m just so happy. I don’t think I would be planning a wedding if it weren’t for everyone else," said Mandley. 

Vista West Ranch is providing the wedding venue and reception area. Pink Avocado is providing the catering. Alfred Angelo donated Mandley's wedding dress. Blonde Faith Salon is providing a stylist. Teri Palmer is doing her make-up. Petal Pushers is donating flowers. Hill Country Cupcakes are doing the main wedding cake. Premiere Party Central and Le’Sha Designs are donating rental equipment. Marci Palmer is doing the photography. Obi Ariguzo is the videographer. Musical Discovery Chamber is providing wedding music and ProMusic DJs is providing the reception music. Central Texas J Booth is donating a photo booth. 

The couple still need a place to hold their rehearsal dinner, a limousine, hotel rooms and a tuxedo for the groom. Contact Donna Gostecnik at her website, The Wedding Belles to donate. 

The wedding is set for Sept. 14, 2014.

Source: KHOU (Mingus 02/14)

No jail for 'affluenza' teen in fatal crash draws outrage

In a case with growing political ripples, a Texas judge's reaffirmation placing a teen involved in a drunken-driving fatal accident on probation is drawing fresh outrage from the victims' families.

Ethan Couch, 17, will be on 10 years probation after Texas District Judge Jean Boyd again decided against jail time. He'll also be in a drug and rehab center for an unspecified time. Couch's attorneys used an "affluenza" defense at his trial last year, saying the then 16-year-old had grown up with a sense of entitlement and developed poor judgment after being coddled by his wealthy parents.

Prosecutors said Couch's blood-alcohol level was three times the Texas legal limit when his pickup slammed into a group of people who were helping a woman with a stalled car last June. The driver, Breanna Mitchell, and bystanders Brian Jennings, Hollie Boyes and daughter Shelby, were killed. Nine others were injured.

According to police, Couch was going 70 mph in a 40 mph zone when he lost control of his father's pickup and his blood alcohol content was 0.24. The state's legal limit for adults is 0.08. Couch had been cited earlier in 2013 for being a minor in possession of alcohol and consuming alcohol as a minor, pleading no contest to both charges in a March hearing.

Couch, who pleaded earlier to four counts of intoxication manslaughter, was back in court this week after prosecutors again sought a 20-year jail term related to the crash. But in a hearing closed to the media, Boyd reaffirmed her earlier sentence.

Psychologist G. Dick Miller testified at Couch's trial that the you was given "freedoms no young person should have" and that he felt no rational link between behavior and consequences. Miller has since regretting using the term affluenza.

"This kid had medical problems, he had social anxiety disorder, he had all sorts of things. He had depression. He found alcohol was his medicine," Miller said in a December interview. "I think that term, 'affluenza,' which I was just using to describe what we used to call spoiled brats, it's not a diagnosis."

Two Texas gubernatorial candidates have spoken out on the case, while court observers and psychologists say the affluenza defense could be used in future cases involving juveniles, sending a dangerous message that could reinforce reckless behavior and poor judgment.

Victims' family members remain outraged.

"No matter where he goes ... no matter what game he and his family think they've beaten ... the world is not ever going to take their eyes off of him," said Marla Mitchell, Breanna's mother. "Let's let them know that no amount of money or prestige is ever going to grant them immunity for what they chose for their life that caused this for our lives."

Eric Boyles, who lost his wife and daughter in the accident, said news media should have been allowed in the juvenile court hearing.

"If anything, the ability to tamp this down, keep this quiet, let this go away is absolutely the wrong thing to do. Absolutely this story has to go on,'' he said.

The case could be a hot-button political issue. Democratic gubernatorial candidate Wendy Davis has called Boyd's decision a disgrace. And Attorney General Greg Abbott, a Republican contender, said he's trying to determine if Couch's sentence can be appealed.

Lt. Gov. David Dewhurst, who serves as president of the Senate, has already asked for a sentencing guideline study of intoxication manslaughter cases.

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Source: US Today (Strauss, 2/06)

West blast makes list of Texas lawmaker priorities

Austin, Texas - 

The West fertilizer blast that killed 15 people will face more scrutiny over the next year from lawmakers who could strengthen state regulations surrounding chemical facility safety and inspections, according to a list of House priorities released Friday.

Republican House Speaker Joe Straus also directed a review of first responders in rural areas dependent on volunteer units such as in West, where most of the victims who rushed toward the April 17 blast at West Fertilizer Co. were volunteer firefighters.

More permitting for chemical facilities, however, won't likely come in the aftermath of one of the deadliest U.S. plant explosions in recent years.

El Paso Democrat Joe Pickett, chairman of the House Homeland Security and Public Safety Committee, said his panel is instead focusing on giving more oversight authority to current agencies. State inspectors, for example, could be given more power to enter chemical plants.

Last fall, State Fire Marshal Chris Connealy testified that several large fertilizer chemical plants in Texas turned away inspectors following the West blast.

"'I'm not looking at a whole bunch of regulation, or raising money through permit fees or overburdening businesses," Pickett said. "But I think there definitely needs to be a few changes so we can hopefully avoid situations like this."

The explosion injured an additional 200 people and caused more than $100 million in damages. Investigators have not yet determined a single cause or ruled out criminal charges

Investigating the West blast is among dozens of issues Straus ordered lawmakers to study before returning to the Capitol next year. Known as interim charges, the list also includes monitoring the federal health care marketplace in Texas and reviewing how 17-year-olds are considered adults in the state criminal justice system.

"I am confident that we can continue to address these issues in a responsible, bipartisan way," Straus said in a statement.

Pickett's committee already held two meetings last year following the West explosion. Texas has no state fire code, and Connealy's office lacks the power to make unannounced inspections of businesses or compel facilities to open their doors.

The U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives and Connealy's office have said they've narrowed the initial fire that sparked the explosion to three possible causes: a battery-powered golf cart, an electrical system in the plant or a criminal act.

Authorities say a fire inside one of the storage buildings at West Fertilizer led to the detonation of ammonium nitrate, a commonly used fertilizer that can be unsafe when stored improperly. Myriad state and federal agencies are also examining the incident for recommendations on how to improve the storage of ammonium nitrate and its potential hazards.

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Source: States Man (Weber 01/31)

Ten Patient Stories: When Attorneys Refused My Medical Malpractice Case

After surgery on her ankle, Jeanine Thomas suffered a potentially deadly bacterial infection that required seven more operations to save her leg and nearly five years of recovery.

Thomas found a medical malpractice attorney to file a lawsuit on her behalf. But then he withdrew, she said, because he wouldn’t make much money if they won. Thomas had just started a consulting business and didn’t make much. Because economic damages in lawsuits are largely based on lost income, she was told the potential rewards weren’t high enough, she said.

Thomas moved on. Now, she fights for better infection prevention standards in health care through her advocacy organization, the MRSA Survivors Network. She was one of dozens of readers who shared similar experiences in the comments section for ProPublica’s recent story, “Patient Harm: When An Attorney Won’t Take Your Case.”

Their stories cut across many dimensions of the problem, so we decided to highlight a few. The excerpts below were edited for clarity, and some writers did not provide their names.

As we reported, the medical malpractice system often discriminates against certain patients, particularly those with low incomes. Those who can’t get representation ­— often women, children or the elderly — are sometimes called the “hidden victims” of medical malpractice. Studies show that the problem isn’t limited to states that have strict limits on malpractice awards.

In addition to commenting on the story, many readers responded by filling out the ProPublica Patient Harm Questionnaire or by posting to ProPublica’s Patient Harm Facebook group. Both are part of our ongoing reporting about patient safety, and we invite you to check them out.

1. "He was too old"

When my father passed from MRSA acquired after open heart surgery (acquired either in the hospital or rehab center) I called 40 attorneys and was told the exact same thing as the article states: He was too old, had lost his viability (translate earning potential) and had no wife (she had died). Most of them would not tell me why they would not take the case, but one did. It's not only hard to hear that your elderly parent has no value legally, but this is exactly why doctors and hospitals and other medical facilities continue their poor attempts at keeping hospitals as clean as possible. They answer to no one.

— Carol Dye

2. “What was done to me was clearly negligence”

This is really so painful to re-live. All of the attorneys I discussed my case with said that what was done to me was clearly negligence and that the case had merit indeed. However, the potential award would have fallen below the $250,000 mark, and to fight it would have been a gamble because jurors – for whatever reason – see physicians in a “can do no wrong” light and may decide in favor of the negligent doctor. I wanted to fight it out of principle more than anything else.

— Gloria Shen

3. Rejection Letter

Our son's case was a good example. There were many instances of error, but because he was single we couldn't bring case because there was no “pain or suffering” allowed for parents of adult children over the age of 25. I did call many attorneys and mostly was asked how old he was and if he was married. Then I got a rejection letter. The solution is very simple. Be honest when errors take place, and compensate victims fairly, then peace will come a lot sooner for everyone, including doctors.

— John

4. "It was business"

I had the same issue after my daughter passed from medical harm. I did at one point have a signed contract with an attorney. He had a friend in the medical field that he felt could review her 2,500 pages of medical records. However, when his friend explained that because she was an infant who went in for heart surgery, you'd require two specialists to review my daughter’s chart and testify. I was told it would cost roughly $50,000 to $75,000 per specialist. This doesn't include normal costs for the attorney. It didn't take long for the attorney to send me a letter stating he couldn't help me. I added that letter to the other dozen all stating we had a good case, but the financial limits made it impossible for them to take it. It was business.

Although it was heartbreaking, I do understand the attorneys cannot lose that kind of money on a case. I even asked if it were possible for me to sign an agreement stating the attorney gets everything above expenses. I didn't want the money. I just wanted the hospital to have to own the mistakes.

As you read this, don't assume she passed because of her heart. The surgery was successful, as expected. It was the aftercare that killed her: Avoidable infections, overdose of heparin, lines becoming dislodged, a doctor collapsing her lung while removing a drain tube. It seemed endless but was only 95 days. One heart surgery with a 99.9 percent success rate and a week of recovery in the hospital turned into three heart surgeries, an exploratory abdominal surgery and seven hospital associated infections and 95 days later, her death. I wish there were a medical court (of sorts) that patients could go to without an attorney. They could file a complaint and sit in a room with the doctor, nurses, specialists and a panel of “judges” and plead their case. Ask their questions. No attorneys. No “specialists.” Just a place to get answers, and, if needed, monetary compensation. Personally, I just wanted answers.

— kratliff73

5. “Dad’s life was worth nothing”

My Dad was an elderly, and he was killed by the misuse of an off-label medication that was contraindicative for his medical conditions. The harm was totally preventable. After Dad’s death, we talked to 20+ attorneys. 99 percent of them said there was malpractice and the doctor was negligent. But because of my Dad’s age and the lack of future earning, no attorney was willing to take my Dad’s case on contingency.

One attorney wrote to us that my Dad’s age was above the average life expectancy, and therefore it “seriously reduces the damages likely to be awarded for loss of future life earnings. Certainly this does not excuse the poor care he received but this makes the case economically untenable as the expenses will likely eat up the majority of likely recoverable damages. We do not have punitive damages in Washington (state) that an outraged jury could award to punish the Dr. and Hospital for their callousness. For these reasons our firm does not wish to undertake this case.”

So we learned quickly that, in our current legal system, Dad's life was worth nothing because he was old.

— Yanling

6. "I’ve never sued anybody"

I attempted to get recompense for my elderly mother after medical neglect that resulted in her losing her ability to walk, additional surgeries, and months of pain. I had no idea WHY the lawyers I contacted didn't even want to listen to the details. Now I know, and am disheartened to learn the reason for their disinterest. I've never sued anybody, am not one of those people who would sue when I dump coffee in my lap. But when one has a legitimate reason and legitimate damages, it's horrendous that our legal system provides no avenue of recompense for actual damage that is life altering.

— Kathleen

7. "I am, however, alive"

I was an RN and suffered serious and permanent harm from my cancer surgery. There were many errors, including my waking up during surgery, life-threatening infection, internal sutures that did not dissolve, renal failure, a collapsed lung after hospital discharge, abscesses and wound dehiscence. Years later, I am homebound and unable to work. I would be making $80-100,000/year now or more but am stuck barely above poverty on Social Security Disability. Since I and the various insurances have spent over $2 million for my care, and I do not have enough money to obtain all the care and medications I need, I am very unhappy. I have a potential new abscess now. It is a living horror, and the cancer may return. I am always in pain. No attorney would take my case. Even the failure to diagnose the cancer for years, with facts right there for every doctor I went to with my symptoms, isn't actionable. I am however, alive.

— Nightmare-daily

8. "Perverse incentive"

We got dropped the moment our attorney heard mom had died. It creates a very perverse incentive when a hospital realizes that they have committed a serious harm. The best thing it can do is kill you, which is precisely what we think the hospital did.
— Debra Van Putten

9. "It was not cost effective anymore" When I went back to work my lawyers dropped my case. It was NOT cost effective anymore.

— Ron Giovagnoli

10. "It would cost too much"

My younger brother died almost 2 years ago. He coded (his heart stopped beating) a couple days after a colostomy procedure. The doctors rushed him into surgery as he was clearly bleeding internally. They didn't find the source of the bleed, but after looking for a while, gave up and closed the surgery anyway. He continued to bleed, which led to two more surgeries, more complications and his eventual death.

We have had multiple lawyers look at the case. All of them have told us that while they believe mistakes were made, it would cost too much to prosecute the case to be worth it. Since he was 25, single and childless, there are no financial losses; no one who was depending on his paycheck. All we really want is answers and assurances that something has been done within the hospital to prevent similar mistakes from occurring again.

— Jessamare


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Source: ProPublica (Allen-Pierce, 1/09)

Acetaminophen doses over 325 mg might lead to liver damage

You're in pain after surgery, and your doctor prescribes you Vicodin, or maybe Percocet. But when you get home, the pain hasn't subsided and you decide to pop some Extra Strength Tylenol.

Unknowingly, you may have just taken more of the drug acetaminophen than is safe.

Don't combine aspirin and ...

Acetaminophen is often used in pain medications with opioids such as oxycodone (Percocet), hydrocodone (Vicodin) and codeine (Tylenol with Codeine).

These are called combination drugs, and the Food and Drug Administration is asking doctors to stop prescribing those that have more than 325 mg of acetaminophen per dose.

FDA warns of acetaminophen liver damage FDA: Pain meds may cause liver damage

The FDA says no data show that taking more than that amount provides enough benefit to outweigh the risk of liver damage.

"Many consumers are often unaware that many products (both prescription and OTC) contain acetaminophen, making it easy to accidentally take too much," the FDA said in a statement Tuesday.

The warning does not apply to over-the-counter drugs such as Tylenol, which contains acetaminophen. The FDA said it will address over-the-counter products in another regulatory action.

In 2011, the FDA asked manufacturers to limit the amount of acetaminophen in prescription combination drugs to 325 mg per capsule or tablet by January 2014. While more than half of the manufacturers agreed, some combination drugs with higher amounts of acetaminophen remain on the market. The federal agency says it plans to start the process of withdrawing approval of prescription combination drugs from manufacturers that have not complied.

Health risks

"Acetaminophen overdose is one of the most common poisonings worldwide," according to the National Institutes of Health.

Taking too much of this pain reliever can lead to liver failure or death.

The FDA has set the recommended maximum for adults at 4,000 milligrams per day. It's easier to reach this limit than you might think; one gel tablet of Extra Strength Tylenol, for example, contains 500 mg.

New Tylenol cap will have warning label

Consumers should not take more than the prescribed dose of any medication that contains acetaminophen, according to the FDA, and should avoid taking more than one acetaminophen product at a time. Drinking alcohol while taking acetaminophen also puts you at risk.

To find out if your medications contain acetaminophen, read the drug label or the list of ingredients in the patient information leaflet that came with your prescription. Look for the word "acetaminophen" or the letters "APAP," an abbreviation sometimes used for the drug. If you are still unsure, contact your doctor or pharmacist.

Acetaminophen may also cause serious skin reactions in some people. According to the FDA, the skin reactions are rare but can be deadly. These conditions can cause blisters, serious rashes, reddening of the skin and the detachment of the upper surface of the skin, the epidermis.

Anyone who develops these types of conditions after using acetaminophen should stop taking the product immediately and visit a doctor or emergency room. FDA issues warning about acetaminophen and skin reactions

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Source: CNN (Yan, 1/16)

Friends, family remember Vista Ridge students killed

CEDAR PARK, Texas -- Two Vista Ridge High School teenagers died after a crash in Cedar Park last night.

Police say 17-year-old Taylar Lesser and 18-year-old Nathaniel Gomez were traveling north on Parmer lane when they crossed over the median and into oncoming traffic. A Volkswagen hit their car. The teenagers died at the scene.

Crowds of people visited the crash site Saturday evening to set up a memorial with balloons, crosses and pictures.

"We found out this morning at 4:00 when we got a knock on the door," said Gomez' mother Michelle Gonzales.

Gonzales described her son as a hard worker. Gomez would have graduated this year.

"I knew it couldn't have been my Nathaniel, but it was," she explained.

Friends know Lesser as the girl with a kind heart.

"She left a mark on Vista and I wanted to make sure that even people who didn't know who she was, knew she was a good person," said her friend Ashley Cooper.

But also friends knew the students together.

"They were the high school couple. Everyone knew them," Cooper said.

They had been dating since 2012. Friends said they rarely saw the couple apart.

"You didn't know them as 'Taylar and Nathaniel,' you knew them as 'Taylar AND Nathaniel,'" Cooper said.

"She was like our daughter. Any get-together we had she was invited, she came. She was part of the family," Gonzales said.

Friends said right now it still doesn't seem real. They won't see their classmates in school on Monday.

"I just was like 'No, it's not happening, not real. I'm going to see her.' And like, I know she's not," Cooper said.

By the end of the night friends sat closer to one another, huddled together around the memorial sharing stories and memories of Taylar and Nathaniel.

"It's extremely comforting and we're glad that he is surrounded by people like this," Gonzales explained.

"I want people to know, she was a great friend," Cooper said.

Friends say they've ordered bracelets to remember the students by. The school principal sent a letter to students and parents saying counselors will be available on campus this week.

Source: KVUE News, "Friends, family remember Vista Ridge students killed," Shannon Murray, January 11, 2013

All lanes of I-30 at Dalrock open after pileup over Lake Ray Hubbard

ROWLETT –– Dallas police say a 23-year-old man was arrested for intoxication assault in connection with a 13-vehicle pileup that shuttered Interstate 30 in both directions over Lake Ray Hubbard before dawn Friday.

Christopher Anthony Sosa was arrested and charged Friday morning, according to a police spokesperson. He was booked into the Dallas County Jail. It's not clear whether Sosa caused the accident –– heavy fog is also suspected to have played a role.

At about 7:50 p.m., more than 16 hours after the crash, all lanes at Dalrock Road were reopened.

While the accident spurred traffic woes for drivers, it also created a problem for some area businesses.

"Everybody nowadays is in a hurry to get somewhere," said Brian Vosburg, an employee at Parkway Car Care, which is located along Highway 66. "And when you get stuck in something like that there are no words to describe it."

Vosburg said on average he works on 12 to 18 vehicles a day. Friday, he worked on three.

The owner of the business said their supplier of vehicle parts was stuck in traffic, which put the business two days behind.

"If I'm not turning wrenches working on cars, I'm not making a whole lot of money," Vosburg said.

TxDOT sent crews to help control traffic on either side of Lake Ray Hubbard and repair the 500 feet of concrete median barrier that was damaged in the wreck, said Tony Hartzle, department spokesman.

“Both directions are going to be shut down for multiple hours; motorists need to find an alternate route around this area just to stay away,” Hartzle said in the midst of the cleanup. “The detours are going to be fairly substantial for the next couple of hours.”

As dawn broke over the lake, Dallas police Sgt. David Conley said the wreck involved six 18-wheelers and seven cars. A total of eight people were taken to Baylor Medical Center with non-life threatening injuries, said Dallas Fire-Rescue spokesman Jason Evans.

One of the 18-wheelers visibly jack-knifed into the median before coming to a stop. A trail of debris was scattered about the four-lane highway behind it. Fog was a likely culprit in the collision, Hartzle said. Not long before the crash, The National Weather Service issued a Dense Fog Advisory that expired at 9 a.m. as visibility in some areas dipped to below a quarter of a mile. The NWS advises drivers to slow down and use their low-beam headlights when driving through fog.

Eastbound drivers were forced to take the Zion Road exit while those headed west took the Ridge Road exit. Both were significantly backed up at 6 a.m., as reported by News 8's Brian Glenn.

Evans said units were called at 3:30 a.m. to help. Hazardous materials crews were on-scene cleaning up vehicle fluids. No one had to be extricated from a vehicle by Dallas Fire-Rescue, Evans said.

A Rockwall Police Department dispatcher says a few units assisted with blocking off the Dalrock Road exit but had no additional information. The Texas Department of Public Safety and the Garland Police Department are also helping investigate.

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Source: WFAA (Goodman, 1/10)

Indictments handed down in fatal crash

A motorist, who crossed onto the wrong side of a highway, resulting in the death of two people in a fiery crash in Bandera County on July 4, has been arrested. Lab reports indicated that Troy Allen Timmins, 38, was apparently driving under the influence at the time of the head-on crash.

On Monday, Dec. 23, deputies with the Bexar County Sheriff's Office arrested Timmins at his mother's house in Bexar County on an outstanding warrant related to a previous narcotics charge, according to Bandera County Sheriff's Office Chief Deputy Matt King. "He's set to be arraigned in Bandera County on Monday, Jan. 6, but that will probably be reset," King said, adding that a felony bench warrant would most likely be issued to ensure Timmins' return to Bandera County.

On Monday, Dec. 2, a Bandera County Grand Jury indicted Timmins on two counts of manslaughter, enhanced.

Because Timmins was allegedly driving under the influence of drugs at the time of the crash, the charges could be elevated to a first-degree felony.

The two-vehicle crash occurred at approximately 8:30 pm, Thursday, July 4, on Highway 16 South, about a half mile south of Timber Creek Road. Carolyn Buck died at the scene and her husband died after suffering a stroke during an operation directly related to the crash.

According to a Texas Department of Public Safety accident report, Timmins was driving north on the inside of the southbound lane coming out of a curve on Highway 16 when he struck the Buck's vehicle traveling southbound.

At that time, it was unknown what caused Timmins to swerve directly into the path of a Ford Expedition driven by Carolyn Buck, 63, of Helotes. However, the DPS accident report also noted that subsequent toxicology results revealed that Timmins had multiple drugs in his system at the time of the crash, including benzodiazepine and amphetamine.

Buck died at the scene and her husband, Ron "Butch" Buck, who was in the passenger seat, was airlifted to the burn unit at the San Antonio Military Medical Center. After several surgeries, he succumbed to massive injuries on July 22.

Timmins was airlifted to University Hospital with unspecified, but non-life-threatening, injuries.

Tragically, the Bucks, who were returning from an Independence Day picnic, were reportedly just minutes from their home when the head-on occurred.

Bandera County Fire Marshal John Stith happened on the grisly scene about "30 seconds after (the accident) happened," according to his estimation. When he arrived, he reported the Expedition was on its side and engulfed in flames with the Bucks trapped inside.

"Attempts made to pull the occupants out were unsuccessful," Stith said. "But, we were able to keep the fire away from them until the firefighters arrived with extrication equipment, the 'jaws of life'." The Pipe Creek Volunteer Fire Department responded to the accident.

Stith and several firefighters were taken to Boerne Methodist and treated for smoke inhalation and minor burns. Buck was pronounced dead at the scene. "It was pretty intense," Stith said of the incident. He later lauded civilians who assisted at the scene.

"The bystanders were able to do the things needed to give people the best chance of survival," he said on Thursday, Dec. 26. "The assistance from the public was incredible."

Stith also singled out for praise Dale Martin with the PC VFD, who also is a firefighter in San Antonio. "It was a tough scene," Stith added.

Texas Department of Public Safety Trooper Chip Aragones handled the initial investigation of the fatal crash.

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Source: Bandera County Courier (Pannebaker, 1/02)

Music video gives look at boy paralyzed in drunk driving crash

KELLER, Texas -- "Blink your eyes if you remember me," said 17-year-old Michael Lane, and his childhood friend Sergio Molina blinked.

It's the only way Sergio communicates. Michael treasures every blink.

"It's heartbreaking. Sergio was such a happy kid, always laughing," Michael said. "Had this electric, outgoing personality."

The two met in middle school. Michael is now a junior at Keller Central High. He's a budding hip hop singer and songwriter. And now he's writing about tragedy.

"Four people are dead and I can't even see remorse. I ain't let out that much tears since my parents got divorced. And they want rehab?" he sings.

Those lyrics are a nod to the 10 years of probation given to 16-year-old Ethan Couch, who was drunk when he was driving a pickup full of teenagers. He plowed into an accident scene, killing the driver of a broken down car and three Good Samaritans who had come to her aid.

Sergio Molina was in the back of the truck. He was paralyzed in the crash.

His family gave Michael permission to use their private moments together in a music video, and also gave us permission to share it.

"The first thing that was on my mind when I started writing it was Sergio," Michael said of the song "Stay," which features Sergio in the video.

The crash was in June, Michael wrote the song in one day, after spending many weeks by his friend's side.

"I was so stressed out, had so many mixed emotions, and had so much going on, that the only way I knew how to keep myself from imploding was to write it," he said. "This has made a huge impact on my life. Up until this point, I've never really had to deal with losing someone -- let alone a friend."

His emotions drove him to wrote another song this week, after the proceedings in juvenile court.

"I had gone and testified on behalf of Sergio and hearing everyone's testimony and all the police statements, I was real -- I was shocked," he said.

"I broke down and cried like a baby," he admitted.

Michael doesn't yet have a video for his newest piece, but the lyrics are powerful alone. They are all about Couch.

"Four people are dead and I can't even seen remorse. I ain't let out that much tears since my parents got divorced and they want rehab?" he sings.

"Can't you see the stuff you've done? Even if they let you walk, this will haunt you. You ain't won."

Michael said he was moved to write about Couch because of his personal experience inside the courtroom.

"We made eye contact one time and that was when I was coming off the stand, and it was almost for like a second or two," Michael explained. "You know you can tell a lot about someone when you look in their eyes."

"Instead of this remorseful, guilty look you'd expect someone to have, his stare was just kind of cold," he said. "Like he was either angry, or he just wasn't there."

Michael's newest song includes one line near the end where he names each victim who died. He didn't know them, but feels like he does, especially after hearing graphic testimony about their violent deaths.

"I know Shelby, I know Holly, and I feel for Breanna. And Brian, in my heart, I want y'all to know you died in honor."

"I mention their names because the love they gave and the memory people have of them will always live on," Michael said.

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Source: KVUE (Woodart, 12/16)

Teen sentenced to 10 years probation, rehab in 4 deaths

FORT WORTH — A Keller teenager who pleaded guilty to driving drunk and causing collisions that killed four people in June was sentenced Tuesday to 10 years probation.

State District Judge Jean Boyd ordered the 16-year-old to receive therapy at a long-term, in-patient facility. He will stay in Tarrant County juvenile detention until the juvenile probation department prepares a report about possible treatment programs.

If the teen violates the terms of his probation, he could be sent to prison for 10 years.

Prosecutors had asked that the youth be sentenced to 20 years in a state lockup.

Defense attorneys recommended a lengthy probationary term at a rehabilitation facility near Newport Beach, Calif., that can cost more than $450,000 a year. Attorneys said the teen’s parents would pay for the therapy.

The 16-year-old pleaded guilty last week to four counts of intoxication manslaughter and two counts of intoxication assault causing serious bodily injury. Killed were Breanna Mitchell of Lillian, whose car broke down the night of June 15 on Burleson-Retta Road; Hollie and Shelby Boyles, who lived nearby and had come outside to help Mitchell; and Burleson youth minister Brian Jennings, a passer-by who had also stopped to help.

The teen admitted to being drunk when he lost control of his pickup. He had seven passengers in his Ford F-350, was speeding, had a blood-alcohol level three times the legal limit, plus traces of Valium in his system, according to earlier testimony.

The teen elected to have Boyd sentence him.

The Star-Telegram usually does not identify juvenile defendants.

Two teens riding in the bed of the teen’s pickup were critically injured. Solimon Mohmand had numerous broken bones and internal injuries. Sergio Molina remains paralyzed and communicates by blinking his eyes, according to testimony last week.

Scott Brown, an attorney who represented the teen with Reagan Wynn, said the teen could have been freed in two years if Boyd had sentenced him to 20 years.

“She fashioned a sentence that could have him under the thumb of the justice system for the next 10 years,” Brown said.

Richard Alpert, a Tarrant County assistant district attorney who prosecuted the case with Riley Shaw, said they were very disappointed with the verdict.

In his closing statement, Alpert said that if the teen continues to be insulated by his family’s wealth, as had happened before, he would be involved in another tragedy in the future.

“There can be no doubt that he will be in another courthouse one day blaming the lenient treatment he received here,” Alpert said.

In delivering the sentence, Boyd told the victims’ families in the packed courtroom that there was nothing she could do that would lessen their pain. And she told the teen that he, not his parents, is responsible for his actions.

Boyd said that she is familiar with programs available in the Texas juvenile justice system and is aware that he might not get the kind of intensive therapy in a state-run program that he could receive at the California facility suggested by his attorneys. Boyd said she had sentenced other teens to state programs but they never actually got into those programs.

Families’ reactions

Eric Boyles, who lost his wife and a daughter in the collision, said there was a lot of disappointment in the room where the victims’ families gathered after Boyd announced the sentence.

“Money always seems to keep [the teen] out of trouble,” Boyles said. “Ultimately today, I felt that money did prevail. If [he] had been any other youth, I feel like the circumstances would have been different.”

Marla Mitchell, whose daughter was killed, said: “He’s not free. None of us knows what God’s plan is. He has not escaped judgment. That is in the hands of a higher power.”

Shaunna Jennings, whose husband was killed, said her family had forgiven the teen, but that did not mean he should not be punished.

“You lived a life of privilege and entitlement, and my prayer is that it does not get you out of this,” Jennings said. “My fear is that it will get you out of this.”

Emotional age of 12

Earlier Tuesday, a psychologist testified that the teen essentially raised himself.

His parents had a volatile and co-dependent relationship, and had a contentious divorce, said Gary Miller, who began evaluating the teen on the day he was released from a hospital after the wreck.

The parents argued often, which the teen witnessed, Miller said.

The teen’s father “does not have relationships, he takes hostages,” Miller said. Miller described the mother as a desperate woman who used her son as a tool to get her husband to act the way she wanted.

The mother gave the teen things, Miller said. “Her mantra was that if it feels good, do it,” Miller said.

The teen’s intellectual age was 18, but his emotional age was 12, Miller told Boyd.

“The teen never learned to say that you’re sorry if you hurt someone,” Miller said. “If you hurt someone, you sent him money.”

Miller said if the teen can get the help that he needs, perhaps he can become a contributing member of society and make amends for the pain he caused so many families.

“This kid has been in a system that’s sick,” Miller said. “If he goes to jail, that’s just another sick system.”

As a child, he had to make adult decisions, Miller said. He had a motorcycle when he was 4 or 5 and was driving large pickups at 13, Miller said. The teen was a high school graduate at 16, but could not say where he went to school, where he went to church and had no friends, Miller said.

His parents never taught him the things that good parents teach children, Miller said.

“He never learned that sometimes you don’t get your way,” Miller said. “He had the cars and he had the money. He had freedoms that no young man would be able to handle.”

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Source: Star-Telegram (Mitchell, 12/13)

Ending drunk driving is goal of MADD's Jingle Bell 5K

AUSTIN -- In an attempt to remember those impacted in the kind of accident that can change lives forever, the Mothers Against Drunk Driving Jingle Bell 5K brought more than 600 runners and walkers to the Domain in Austin.

"This kind of event gives people the opportunity to heal," said Jaime Gutierrez, the Executive Director of MADD Texas. "It gives the opportunity for us to make the public aware of the dangers of drinking and driving."

MADD said that in 2011 between Thanksgiving and New Year's Eve, intoxicated driving was to blame for 931 deaths nationwide.

That's 931 too many, according to Mark Huber. He said these days, drinking and driving is no longer a mistake, it's a choice.

Huber called his 12-year-old daughter Jessica a "miracle." Jessica survived a horrific drunk driving accident in 2002, when her mother ran a red light on Highway 290 and collided with a truck. The then 19-month-old was hurt so badly, doctors told Huber they would not be able to save her.

Since the accident, Jessica had several facial reconstruction and brain surgeries, and there's still so much left to do.

"The nightmare never goes away," Mark Huber said. "11 years later, she still is going to require another facial reconstruction. That's titanium plates in her forehead, rebuilding her left cheekbone. It's financial. It's emotional. It's physical. The nightmare never goes away and it need not happen."

MADD helped Huber get Jessica's mother convicted of DWI.

As the bells worn by runners in the group's Jingle Bell 5K reminded racegoers of the holidays, Mark brought Jessica to the race to remind people that the choices they make can have a real impact; especially on the ones they love.

"It's not a matter of 'if', it's a matter of 'when'. It's going to happen to somebody you know. It could be in your own house. No child deserves this. No parent deserves to spend the holidays in the hospital with a child that need not be there," Huber said.

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Source: KHOU (Shively, 12/01)

Johnson & Johnson Said to Agree to $4 Billion Settlement Over Hip Implants

Johnson & Johnson has tentatively agreed to a settlement that could reach up to $4 billion to resolve thousands of lawsuits filed by patients injured by a flawed all-metal replacement hip, said two lawyers briefed on the plan.

The tentative plan, which must win court approval, represents one of the largest payouts for product liability claims involving a medical device.

A spokeswoman for the company’s DePuy Orthopaedics unit declined to comment on the possibility of a settlement. An announcement about the plan is expected in the coming days, the lawyers said.

The agreement will include those patients who have already been forced to have the device, known as the Articular Surface Replacement, or A.S.R., removed and replaced with another artificial hip, said the lawyers who spoke about the agreement only on the condition of anonymity.

Under the deal, each patient would receive about $350,000 on average in compensation, though that figure will vary depending on factors like a patient’s age and medical condition.

The precise value of the settlement is unclear because lawyers for patients are still trying to estimate how many of the 12,000 related lawsuits involve patients who had a replacement. Lawyers believe that number may be 7,000 to 8,000 cases.

The final cost of the deal to Johnson & Johnson could rise, depending on how many claimants who received the device undergo replacement operations in the future, the lawyers said. Under the plan, patients who have not had a replacement would not receive compensation, the lawyers said.

The A.S.R. hip was sold by DePuy until mid-2010, when the company recalled it amid sharply rising early failure rates. The device, which had a metal ball and a metal cup, sheds metallic debris as it wears, generating particles that have damaged tissue in some patients or caused crippling injuries.

DePuy officials have long insisted that they acted appropriately in recalling the device when they did. However, internal company documents disclosed during the trial of a patient lawsuit this year showed that DePuy officials were long aware that the hip had a flawed design and was failing prematurely at a high rate.

Many artificial hips last 15 years or more before they wear out and need to be replaced. But by 2008, data from orthopedic databases outside the United States also showed that the A.S.R. was failing at high rates in patients after just a few years.

Internal DePuy projections estimate that it will fail in 40 percent of those patients in five years, a rate eight times higher than for many other hip devices.

It had been long anticipated that DePuy would try to settle the case. Of the two lawsuits that have gone to trial, the company lost one lawsuit and won the other one.

However, it was facing the start of several new trials around the country with the prospect of large damage awards. The outlines of a settlement proposal were reported Tuesday by Bloomberg News.

The hip was first sold by DePuy in 2003 outside the United States for use in an alternative hip replacement procedure called resurfacing. Two years later, DePuy started selling another version for use here in standard hip replacements that used the same cup component as the resurfacing device. Only the standard version was sold in the United States; both were sold outside the country.

About 93,000 patients received an A.S.R., about one-third of them in the United States.

Problems with the design first came to light in Australia and England just a few years after its marketing began. But DePuy officials insisted for years to surgeons who complained about that device that patient problems reflected their surgical technique rather than the implant’s design.

Last year, The New York Times reported that DePuy executives decided in 2009 to phase out the A.S.R. and sell existing inventories weeks after the Food and Drug Administration asked the company for more safety data about the implant.

The agency also told the company at that time that it was rejecting its efforts to sell the resurfacing version of the device in the United States because of concerns about “high concentration of metal ions” in the blood of patients who received it.

DePuy never disclosed the F.D.A. ruling to regulators in other countries, where it was still marketing the resurfacing version of the implant.

The head of DePuy’s orthopedic unit, Andrew Ekdahl, oversaw the introduction of the hip and was warned by a company consultant in 2008 that the implant appeared to have a design flaw, according to internal DePuy documents disclosed during a trial earlier this year.

When DePuy recalled the hip in 2010, it announced a program in which it offered to pay the medical costs of a replacement procedure.

All-metal replacement hips like the A.S.R. were once highly popular with orthopedic surgeons who believed the devices would last longer than traditional replacement devices made of plastic and metal. But the metal devices are rarely used anymore because of their high early failure rates.

While the settlement, if approved, would resolve much of the litigation against DePuy involving that device, it continues to face thousands of lawsuits involving another all-metal hip that it no longer sells called the Pinnacle.

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Source: The New York Times (Meieir, 11/12)