Lee, Gober & Reyna

Many Americans have heard about transvaginal mesh implant kits (slings) that resulted in million dollar multi-district class action lawsuits for the pain and suffering caused to the women who had surgery to correct pelvic organ prolapse (POP) and stress urinary incontinence (SUI). Vaginal mesh manufacturers face tens of thousands of federal lawsuits with thousands more pending in state courts.

It now appears another medical device with troubling side effects, the C-Qur mesh, manufactured by Atrium Medical is being removed from the market. This story has not received a lot of attention and it may never get the kind of attention that the transvaginal mesh kits did. “And here is why,” explained Austin transvaginal mesh attorney Bobby Lee. “It appears the company may have initiated a ‘stealth’ recall of certain products due to allegations that C-Qur mesh increased the risks of hernia mesh complications.”

A stealth recall means a company ceases to make a certain product due to it being linked to adverse events, but does not necessarily tell the public or doctors about the move.

An Arkansas woman filed a lawsuit alleging the stealth recall. The lawsuit claims that she had a hernia repair five years ago in which the C-Qur mesh was used. Two years later, the woman began experiencing severe stomach pain and her hernia returned. This resulted in surgery to remove the C-Qur mesh. Surgeons found the mesh had crumpled inside her body and caused scarring making it impossible to replace the mesh. The woman’s hernia returned, necessitating yet another surgery — a procedure she has been unable to heal from.

According to the lawsuit she filed, Atrium Medical used an Omega 3 fish oil gel coating on the mesh, causing her body to reject it after the coating separated from the mesh. This lawsuit is not the first of its kind. There have been other patients with C-Qur implants alleging similar reactions. The suit alleges the company knew or should have known about the likelihood of mesh rejection, pain and other adverse side effects resulting from product.

Repealing motorcycle helmet laws is dangerous. Michigan repealed its universal helmet law in 2012. Since that time head injuries have risen a disturbing 14 percent and hospital emergency rooms have seen an increase in skull fractures up to 38 percent. Mild concussions fell 17 percent, an expected drop in tandem with the increase of skull fractures due to not wearing helmets.  

These disturbing numbers were released in a recent study done by the University of Michigan Injury Center (UMIC) partnered with the Insurance Institute for Highway Safety (IIHS) and the University of Michigan Transportation Research Institute (UMTRI). The study and its results was published in the American Journal of Public Health.

The study examined 7,235 bikers involved in wrecks as reported by police and 1,094 bikers sent to trauma centers. Researchers tracked accident details one year before the repeal of the helmet law and one year after the repeal. Included in the tracking data was information on the frequency of serious head trauma, helmet use despite the repeal and the number of deaths.

After the helmet law was repealed, the number of bikers using helmets dropped 24 percent, in the group of riders involved in collisions. It dropped 27 percent in the segment of riders sent to trauma care and the fatality rate doubled from 2.8 percent to 5.4 percent. Lastly, there was a 14 percent overall increase in the number of head injuries.

Lead author of the study, Dr. Patrick Carter, suggests that not wearing a helmet could “double the odds of a fatality and of a head injury among those injured in an accident or treated at a trauma center.”

It has even been postulated that distracted driving is not an issue, but only the people who drive while distracted are the problem. However, these two ideas are inextricably correlated.

Distracted driving is the result of people not paying attention to what they are doing and where they are going. Instead, they pay attention to non-driving activities. It is an extremely serious safety problem and nearly half a million people are injured or die every year as a result of distracted driving.

With numerous injuries, deaths and laws across the United States, why do people still drive while distracted? There is no simple answer to that question. Some do not realize the risks they are taking. Others understand the risks and do it anyway. Many do not think anything can happen to them and they can get away with it. And still others think they must use wireless devices to stay connected with everyone in their network, despite the fact that at one point in the past no one had phones in vehicles.

Driving while distracted is not just a problem of the younger generation, although it is true that younger drivers are at a higher risk to be involved in a distracted driving accident. The shocking fact is that over 660,000 drivers across the nation of all ages are using their cellphones while behind the wheel.

According to research, having a cognitive disruption, such as a hands-free or handheld cellphone causes the driver to miss vitally important auditory and visual clues that would help in preventing an accident. Why does not the U.S. Department of Transportation (USDOT) pass a law that makes it illegal?

The USDOT cannot ban distracted driving due to the fact that rules of the road and laws relating to driving fall under the jurisdiction of each state. While Congress has toyed with the idea a number of times, nothing has been passed. States are on their own in taking the initiative to pass laws against distracted driving.

Fatal car crashes involving teenagers are rapidly increasing for the first time in more than ten years. The data from federal regulators revealed a 10-percent increase in teen traffic accident deaths in 2015. The data also indicated teens are one-and-a-half times more likely than adults to end up in a fatal wreck.

The survey revealed that more adults than teen travel at least 15mph over the posted speed limit or while distracted. However, when factors like poor visual scanning, speeding, distracted driving and inexperience are calculated in, the fatality rate soars.

Over the last five years, close to 14,000 fatal crashes involved teenagers. In that number, over 4,200 teen deaths were the result of speeding.

Consider the case of a young high school student who was about to start his senior year. The boy was taking a ride with his girlfriend. The girlfriend was speeding and lost control of the vehicle, slamming into a tree. The young man, who was not wearing a seatbelt, was ejected and killed instantly.

Young drivers are getting killed at a far higher rate than they used to due to their lack of driving experience. Speeding, combined with poor visual scanning, is one of the most potentially deadly mistakes teens can make while driving.

Where do teen drivers gain driving experience? Many of them learn how to drive from watching their parents. Despite the fact that parents may tell children not to speed, use a cellphone or other mobile device when driving, teens see parents do what they are told not to do. Actions speak louder than words. In fact, 65 percent of driving instructors said parents were worse at teaching their offspring to drive now than ten years ago.

The latest research released in August 2016 by the American Journal of Obstetrics & Gynecology reveals women with vaginal mesh implants have a significantly higher pro-inflammatory response to the invasive item.

The study compared macrophage response in women who had mesh removal surgery for pain versus mesh exposure. There was a third group, the control control group of women who had surgery without mesh. Once the results were assessed, from the two groups of women with mesh implants, it was discovered that macrophages concentrated in the inflamed areas in both groups.

A macrophage is a cell found in the tissues or as a mobile white blood cell. These cells form in response to infection, dead cells or damaged cells. When there is tissue damage in the body, or infection, monocytes enter the distressed organ and morph into macrophages to fight whatever is attacking the organ. These cells also protect the body from infection.

In mesh implant cases; there is a foreign object within the body that macrophages attack to render it harmless. Since it is metal and not an organ the resulting inflammation can cause pain and other serious complications. The research authors also suggest that women dealing with vaginal mesh complications deal with a pro-inflammatory response for many years after the mesh is/was implanted.

First it was cellphones, next it was GPS devices and other e-mobile devices distracting drivers. Now, it is Pokemon Go.

According to research released by AT&T, at least 7 out of 10 drivers use smartphones in some capacity while they are behind the wheel.  Christopher Johnson, an AT&T spokesperson, indicates the figures also include 40 percent of drivers surfing the web while driving and using other applications and at least 10 percent using Facetime. The figures are cited for the telco’s “It can wait” campaign currently on tour around the U.S.

The tour to educate drivers of all ages about the dangers of driving while distracted also includes a virtual-reality simulator that demonstrates in frightening clarity just how deadly it can be to keep their eyes on the road at all times. Since 2010, when the the campaign launched, it has successfully collected more than 8 million pledges from drivers to keep alert, keep their eyes on the road and not use a smartphone while driving.

Texas, Arizona, Missouri and Montana do not have texting while driving laws and while it regularly comes up for discussion amongst lawmakers, nothing has yet to be done on a state level. Some local municipalities have passed their own laws, but there has been no success at passing a wider law banning distracted driving in Texas. Interestingly, Texas A&M Transportation Institute, in a 2014 survey, revealed that 6 out of 10 drivers in Texas support a texting-while-driving ban.

Texting while driving, also referred to as driving while distracted, is a major problem on U.S. highways. In 2012 alone, “before” the advent of Facetime and Snapchat, 200,000 people were involved in accidents where one or both drivers were using e-devices while driving. Now, Pokemon Go has become a major player globally and the incident of cars side-swiping and crashing into other vehicles is on the rise. It appears people have not associated the risk of serious injuries or death while playing a game or using any other e-device.

It is not just on special days of the year that drunken driving deaths occur. Deaths on U.S. roadways occur year round.

However, the American Automobile Association (AAA) has noted that Memorial Day is the beginning of a period it calls the “100 deadliest days for teens.” Shockingly, AAA estimates that more than 1,000 teens will die during this 100-day time period each year. Every summer day with good driving conditions, an average of 10 people die in a crash involving a teenager.

Statistics used by AAA for their study are based on 2,229 wrecks involving teen drivers during the August 2007 to April 2015 time period.

According to AAA, a full 59 percent of teen accidents during the 100 days were the result of driving while distracted, often by a mobile device, within six seconds of impact. Other causes cited for deadly accidents were using a cell phone (12 percent) and interacting with a passenger (15 percent), says Jurek Grabowski, AAA research director.

The Texas Department of Transportation reports that 76 teens died as a result of alcohol-related accidents in Texas in 2015. Even more dismaying is the number of 21-24 year olds who died as a result of drinking and driving during the same year — 192.

The Centers for Disease Control and Prevention research suggests that in 2014, approximately 20 percent of all motor vehicle traffic crashes resulting in the death of children under the age of 14 years old were caused by drunken driving.

The consequences of drunk or distracted driving are not limited to injuries or death. In Texas, using a cell phone while behind the wheel can result in the driver being fined $200 to $500 and DUI and DWI have even stiffer consequences than that.

In Texas, DUIs are handed out to people under the age of 21 with any amount of alcohol in their systems and DWIs are for those over the age of 21 with a BAC of .08 or higher. In both instances every time a driver is caught DUI or DWI the consequences, fines and punishment increase.

According to Texas Parks and Wildlife, holidays in Texas usually see an increase in boating accidents. Memorial Day weekend is one of the busiest weekends for boating, not only in Texas, but nationwide.

In 2015 in Texas, game wardens handed out 1,353 warnings and citations over the Memorial Day weekend. Virtually 50 percent of those tickets were issued for being in violation of boating safety rules and included, but were not limited to, boater-education violations, not wearing a personal flotation device and boating while under the influence.

The statistics also revealed that close to 71 percent of those involved in boating accidents with fatalities in 2015 had not taken any boating education courses. If they had taken common sense and required courses in safe boat operation, those people might still be alive. There are courses to teach boaters how to use a kill switch, wear a lifejacket and pay attention to what is going on around them. It is simple yet critical information that may save lives in an accident or other emergency.

Further precautions that should be taken prior to leaving on a boating trip include:

tell people where you are going

tell them how long you expect to be gone

check the weather and if it suddenly changes, get off the water

check the tides

check that all equipment is onboard completely and thoroughly before casting off

check all safety equipment

ensure there are personal floatation devices on the watercraft for everyone

Texas mandates that boats also carry whistles, horns, a throwable life-saving device, and a light source

some boats, such as outboard motorboats over 26 feet, must have a fire extinguisher on hand

do not overload the boat

do not drink and boat

use common sense and do not speed

be aware of your surroundings

A recent Governors Highway Safety Association (GHSA) report indicates Texas motorcycle registrations have increased exponentially over the last few years. This is apparently due not only to the weather in the Lone Star State, but the economy. It is more economical to register, fuel up and ride a motorcycle than a larger vehicle. It is also far more dangerous for motorcycle riders if they are involved in an accident. 

Another report of interest when reading about the increase in motorcycle registrations is one released by the National Highway Traffic Safety Administration (NHTSA), indicating head injuries are the leading cause of death in motorcycle accidents. NHTSA’s statistics also reveal that using a DOT approved helmet decreases the chance of death due to blunt force trauma in motorcycle accidents by 37 percent. 

The NHTSA report is interesting in light of Texas repealing the universal helmet law in 1997. Interested parties can track the increase in the number of deaths due to a rider not wearing a helmet from 1997 forward to see the evident trend in increased fatalities. According to the GHSA report, after the law was repealed, deaths in motorcycle accidents escalated by more than 30 percent. 

Follow these potential life saving tips when riding your motorcycle: 

always wear a DOT approved helmet 

do not drink and ride 

wear the best protective safety clothing available 

take extra precautions when traveling on wet surfaces 

stay out of the blind spots for all vehicles 

In Austin, every year, accidents cost half a billion dollars. 

According to data generated by the U.S. Department of Transport, the Vision Zero Task Force crunched numbers for the years 2010 to 2014, attempting to determine the cost of minor and major injury collisions and fatal crashes. While it may seem like an odd task, the group analyzed the numbers because road improvement projects come with a high price tag.  

Task force data shows that every fatality costs society $2.6 million and a major injury crash has a price tag of $180,000. For the four years examined, the average cost to society, per year, was approximately $523 million. The data does not factor in the cost of lives, as there is no way to put a price on a life. 

What would Austin do with the funds if they were not directed at dispatching first responders, medical care, law enforcement involvement, investigation time, debris clean up and court time? By way of example only, the funds could, in theory, be earmarked for 7,000 new pedestrian hybrid beacons or 800 miles of new sidewalk. 

Austin residents who brave the roads daily are concerned about the rising numbers of deadly accidents and when faced with the reality of the societal costs of such collisions, are beginning to think more about driving safely, demanding improvements to the infrastructure and relevant changes to existing laws –such as distracted driving laws and DUI laws. 

Pedestrians with smartphones are accidents looking for a place to happen. Users do not pay attention to what is going on around them — at their own peril. Not paying attention to where you are going may land you in hospital, if you survive an accident.

Startling statistics have revealed that more pedestrians are hurt and/or killed every year while texting and walking — more than drivers using their phones. According to a study published in Accident Analysis & Prevention, there were 1,506 incidents in 2010 of distracted walking resulting in injuries. In spite of the ever-increasing numbers, distracted walking remains very much unregulated.

Forty-six states ban texting while driving and 14 states ban all handheld phone use, however not much has been done about texting and walking. There are two exceptions to this dismal news: Salt Lake City, Utah and Fort Lee, New Jersey. In New Jersey there is an $85.00 fine for distracted walking while crossing the street. In Salt Lake City, a distracted walker is handed a $50.00 fine for listening to headphones, talking on the phone or texting while crossing railway tracks.

Instead of laws to ban texting and walking many, states have taken a social media education approach to the issue. In Philadelphia, they created a designated sidewalk space for distracted walkers to communicate a tongue-in-cheek message about the issue. In Delaware, officials are using walking dead zombie theme, and in San Francisco, billboards strive to make glued-to-their-phone walkers aware of the perils of not paying attention to their surroundings.

Meanwhile in Hawaii, House Bill 2723 lays out a proposal to hand out $250.00 fines for crossing highways, streets and roads while using an e-device, and the House Committee on Transportation shepherded a bill through recently recommending the Judicial Committee review the issue.

The National Transportation Safety Board (NTSB) is attempting to lower the current legal driving blood alcohol content (BAC) of .08 to .05. The NTSB feels that this change would cut down on the number of deaths and injuries racked up on the highways when people drive under the influence. 

According to the NTSB, data has proven that by lowering the legal BAC limit, the number of accidents would decrease and the roads would be safer. This latest information has just been released and a number of States, including New York, are beginning to consider the recommendations made in the report. 

There has been no concrete action taken yet, and New York State Senator Patrick Gallivan said: “. . . At this point it's really too early to tell because they've [sic] just come out with it. There's been no discussion yet.” 

Law enforcement is indicating the larger problem is not always what seems to be a one-time drunk driver, but instead, repeat drunk drivers. Local police in Erie County say their most frequent indicted felony is repeat DWI offenders. 

The blood alcohol calculator shows that if a 180-pound man had two drinks, he would be over the .05 limit. A 140-pound woman would be over the limit after just one drink. This would mean getting impaired people off the road sooner. Or would it?  

Criminal defense attorneys are suggesting that although lowering the limit increase DWI arrest numbers, it does not necessarily mean the problem is gone or that it would reduce the number of accidents, injuries and deaths. What it may mean is that more drunk drivers can handle driving with a reasonable amount of aplomb at .05 and entirely escape detection. 

It is a fact that most DWI accidents do not involve lower levels of alcohol, but instead are a result of having an unlimited number of drinks and hitting the road. It is also a fact that people drinking are not going to figure out how much they weigh and then drink according to the BAC tables to prevent an accident. 

Texas law mandates drunk drivers get an ignition interlock device after being caught and charged. However, those that bonded out of jail don’t always comply with that law.

El Paso county has a new pre-trial office whose sole task is aimed at keeping repeat drunk drivers off the road. It was set up in response to a KFOX14 investigation revealing that bonded out repeat drunk drivers are not monitored for presence of ignition interlock devices after their trials. They found hundreds of repeat offenders who did not get the device installed and documented some that were on up to his or her seventh drunk driving charge.

It is not clear how those repeat offenders were slipping through the cracks under the supposedly watchful eye of the West Texas Criminal Justice Probation Department. One such example is the case of boxer Joel Garcia, who was assigned a personal recognizant bond officer in May 2014. He was bonded out of jail for a DWI and required to install a camera interlock device.

On Christmas Eve 2014, Garcia killed three people in a drunk driving collision. He was not driving the vehicle he was supposed to be driving. He borrowed one from a family member instead. It did not have an ignition interlock device.

An investigation uncovered the fact that Garcia has broken his interlock device on three occasions, missed all scheduled meetings with authorities, and his personal recognizance bond officer had not reported it. Additionally, paperwork to revoke his bond did not get processed until five days after the fatal collision.

With the county taking over the enormous task of monitoring repeat drunk offenders who bonded out of jail, the new pre-trial office hopes to reduce the number of offenders that fall through the cracks. They hope to reduce the number of repeat offenders on the road, up the compliance statistics, report violations promptly and track skipped tests and meetings.

If it works, perhaps Texas can begin to see a decline in the number of deaths on the road caused by drunk drivers.

It looks like taking a motorcycle out on the road may soon be safer than it is now. According to Motorcyclist Online, within the next five to 10 years motorcycle fatalities are going to drop. There appear to be a variety of reasons for that, not the least of which is aging bikers with serious safety on their minds.

While riders may get older, motorcycles themselves are set to undergo a safety revolution. Currently at least 50 percent of all serious and fatal accidents are the result of another vehicle interfering with the biker’s right of way. Drivers say they do not see bikers, no matter what they are wearing to make themselves highly visible. The only way to help prevent more motorcycle accidents is to make the both the motorcycle and other cars safer.

One proposed solution to the visibility issue is the latest in developing technology from Volvo. They have announced that by 2020, no one will be seriously hurt or killed in a new Volvo because the cars are going to be designed to be driver-proof. Taking the task of driving out of the driver’s hands may unsettle many older Americans who have driven for years under their own steam, but the new safety features will inevitably help save drivers and motorcyclists alike.

The 2020 Volvo is apparently going to use radio, acoustic and visual sensors that control the vehicle and keep the driver and others on the road, including motorcyclists, safe. The cars are to be equipped with virtual eyes that rove continually at the same time.

The exciting news is that motorcycles are also going to have advanced technology to help them avoid crashes. BMW, Ducati and KTM already offer Bosch Motorcycle Stability Control, a technology that tailors braking and power to existing traction. Honda, Audi and BMW are working toward their bike models being able to detect and avoid collisions. It is an interesting concept, and if smart motorcycles do become a reality, they may help save more lives. And that can only be a good thing.