$______ RECOVERY MOTOR VEHICLE NEGLIGENCE - REAR END COLLISION - DEFENDANT DRIVER FAILS TO CONTROL SPEED WHILE ATTEMPTING A LANE CHANGE - NECK AND BACK INJURIES; PARALYSIS; MEDICAL EXPENSES.

• Pages: 3-4

REFERENCE

Goss & Tamara Banno of Freese & Goss PLLC in Dallas, TX. Attorney f plaintiff:

RichardA Capshaw of Capshaw & Assoiates in Dallas, TX. Attorneys for plain-

tiff: David P Matthews & Julie L RhoadesMatthews & Associates in Houston,

TX.

Attorneys for plaintiff: Kevin L Edwards & Pedro de la Cerda of Edwards

& de la Cerda PLLC in Dallas, TX. Attorneys for defendant John Robert

McNabb: Philipa M. Remington, Stanley Thiebaud & Cathryn R. Paton of

Stinnett Thiebaud & Remington in Dallas, TX. Attorneys for defendant

Johnson & Johnson/Ethicon, Inc.: Janelle L Davis & David R Noteware of

Thompson & Knight LLP in Dallas, TX.

COMMENTARY

There are more than 12,000 product liability claims pending respecting claims of alleged

injury by pelvic mesh products used to treat pelvic organ prolapse and stress urinary incon-

tinence. Said cases are predominantly pending in a federal multidistrict litigation now un-

derway in the Southern District of West Virginia (In re: Ethicon, Inc., Pelvic Repair Systems

Products Liability Litigation - MDL No. 2327). An additional 4,700 transvaginal mesh law-

suits are proceeding in a consolidated action in New Jersey’s Atlantic County Superior Court

(in re: Pelvic Mesh/Gynecare Litigation, No. 6341-10).

$1,250,000 RECOVERY MOTOR VEHICLE NEGLIGENCE

– REAR END COLLISION – DEFENDANT DRIVER FAILS

TO CONTROL SPEED WHILE ATTEMPTING A LANE

CHANGE – NECK AND BACK INJURIES; PARALYSIS;

MEDICAL EXPENSES.

Harris County, TX

The plaintiff brought this rear end collision lawsuit against the

defendant driver when she failed to control the speed of her vehicle

while she was attempting to change lanes and struck the decedent’s

vehicle in the rear. The decedent complained of neck and back pain

immediately at the scene. He suffered permanent paralysis. The

decedent passed away due to his injuries. The defendant denied the

plaintiff’s allegations.

The plaintiff, a 79-year-old female, who was retired and the wife of dece-

dent Charles L., asserted that she was decedent’s primary caregiver after he

was diagnosed with the early signs of Alzheimer’s disease. The plaintiff al-

leged that on January 16, 2012, the defendant driver and decedent were

traveling north on N. Shepherd Drive in Houston, Texas. The plaintiff asserted

that the defendant driver, a 77-year-old female, failed to control her speed

while attempting a lane change and struck the decedent’s vehicle in the

rear. Although the property damage to the rear of the decedent’s vehicle

was minor, the decedent was jarred from the impact and struck his head on

the headrest.

The plaintiff contended that as a result of the blow, the decedent sustained

a C3-C4 fracture that rendered him paralyzed at the scene. The decedent

was transported to the hospital, and after being stabilized, was transferred to

a medical center, where his permanent paralysis was confirmed. The plaintiff

asserted that due to his age and the severity of the fracture, surgical inter-

vention was not an option. The decedent’s physical condition continued to

deteriorate over the course of the next six months. The paralysis necessitated

the decedent’s intubation, as well as the insertion of a feeding tube.

During this period of time, the decedent was conscious and lucid, but un-

able to verbally communicate due to his being intubated. The decedent

succumbed to respiratory failure approximately 171 days after the collision.

The decedent’s medical expenses were in excess of $410,245.57.

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