Connect

Connect with us on Facebook or Twitter, get legal news and announcements through our rss feed or send us an email to schedule your free consultation.

Find us on Facebook! Twitter
Subscribe Email Us

More Controversy Appears in Case Questioning Highway Guardrail Safety

A mistrial has been declared in a federal lawsuit which alleges that some highway guardrails across the country pose a deadly risk to drivers.

The lawsuit was filed by a whistleblower alleging that guardrails produced by Trinity Industries, a Texas-based guardrail manufacturer, are malfunctioning and killing drivers. The lawsuit further charges that the guardrail defect is the result of a product change that the company hid from the government and safety inspectors.

The judge dismissed the case over what he found to be “inappropriate conduct” on both sides, according to a report from the Wall Street Journal. The judge suggested that representatives from Trinity Industries may have tampered with witnesses. Further, the judge found that the whistleblower and plaintiff, Joshua Harman, may have destroyed evidence.

Since Harman has come forward with the charge of a product defect, numerous accident victims have claimed that guardrails malfunctioned, causing injury or death. A recent article by Bloomberg News noted that at least nine lawsuits have been filed by victims claiming personal injury or wrongful death caused by the guardrail malfunction.

The danger, according to Harman, is the end-cap on some of the guard rails. Allegedly, an impact plate that is meant to absorb energy and move along with the car can instead malfunction and pierce through the car, grievously injuring those inside.

Trinity Industries denies that any secret change was made to the guardrails. The company acknowledges that a change was made, but it insists that all regulatory bodies were appropriately informed and that all necessary safety testing was performed. The company also insists that the guardrails function properly, and it has not recalled any of the hundreds of thousands of implicated guardrails that currently line highways across the United States.

The case in question is Harman v. Trinity Industries, 2:12-cv-00089, in the U.S. District Court, Eastern District TX.

Care Needed: Texas Hospital Safety Fluctuates Dramatically by Institution

Preventable medical complications acquired at the hospital have become all too familiar in American life. In Texas, the truth about complications is, well, even more complicated. 

In Maine, a high-performing state, most hospitals – more than 70 percent – perform at the highest levels of safety. But in Texas, only 28 percent of hospitals perform that well, according to a national panel of hospital safety experts.

A major new study from the Dallas Morning News confirms that in Texas, preventable complication rates vary widely from individual hospital to hospital.

The Texas Patient Safety Check revealed Dallas Regional Medical Center to have the safest record in the Dallas-Fort Worth area and the second safest in the state, with a low rate of preventable complications. Conversely, John Peter Smith Hospital in Fort Worth ranked the lowest in the state. There, patients are almost four times as likely to experience a preventable complication than they are at Dallas Regional Medical Center.

The study also reports that when taken as a group, North Texas hospitals perform significantly worse in preventing complications than area hospitals in other parts of the state.

Preventable complications include bedsores, infections and falls.

Patient safety advocates insist that patients and their families can take steps to help prevent complications and medical errors. Initiatives like “Speak Up!” from The Joint Commission encourage patients to pay attention to the medical care that they receive.

Patients are advised to keep track of the dosage of and timing of medication, to ensure that members of the medical staff wash their hands before treatment and to speak up when something does not seem right.

Concerned health care consumers can refer to the Texas Patient Safety Check through the Dallas Morning News. Additionally, the publication offers a Hospital Safety Check, a searchable online tool acclaimed by the Wall Street Journal for its safety ratings of hospitals nationwide.