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Tuesday, February 23, 2016

California Trinity Guardrail Lawsuit

Lawsuit Sparks Questions About Guardrail Safety

By Mary Harris
A lawsuit has recently been filed against Trinity, by the family of Jose Diance. The suit claims Diance died as a result of grave injuries sustained in a crash involving an ET Plus. Robert Kovacik reports for the NBC4 News at 11 on Monday, Feb. 22, 2016. (Published Tuesday, Feb. 23, 2016)
Caltrans has no plans to remove any of the 3,600 Trinity guardrail end-treatments along California freeways.
Trinity's "ET Plus" has come under nationwide scrutiny following a design change. Recently, the Virginia Department of Transportation announced they would be removing and replacing the ET Plus from its high speed roadways.

Despite suspending purchases of new ET Plus units, Mark Dinger, a Caltrans spokesman, says at this time, they have "no reason to think safety is being compromised."
Meanwhile, a lawsuit has recently been filed against Trinity, by the family of Jose Diance. The suit claims Diance died as a result of grave injuries sustained in a crash involving an ET Plus.
"I see this doctor coming, with his head down. All I remember him saying is: 'Sorry, there was nothing I could do for him,'" recalled Maria Diance, of the day her son died.
She still weeps for the death of her 23-year-old son.

Maria Diance looks back on her son’s graduation from the LAPD police academy and shares the moment she knew Jose would pursue a career in law enforcement. (Published Feb. 22, 2016.) (Published Tuesday, Feb. 23, 2016)

"He was still responding on his way to the hospital. He was asking for his father in Spanish to help him," she said.
Diance, a nurse, is tormented by the thought of her boy bleeding on the side of the road, alone.
"I was not there to try to give him CPS. To help him. Maybe I could have done something."
It was 3:20 in the morning on April 23, 2011 when Jose Diance, an off duty LAPD officer was driving under the speed limit, and under the influence, when he crashed into a guardrail at the Van Nuys Boulevard exit on the 101 Freeway.
"Would the injury have been as significant if a different guard rail had been in place?" asked attorney James Morris.
According to police and coroner's reports, Diance's Ford F-150 was "impaled" by the guardrail, which passed through the engine and struck Diance with such force he was ejected from the truck, still in his seat.
"This place here, the end-terminal, is where the problem occurs," Morris said, pointing to the yellow and black striped rectangular end piece of a guardrail.
"If it had operated properly it never gets inside the cabin of the car, but as modified, it has the capacity to shoot through the engine block," Morris said.

Morris' firm represents seven families in negligence lawsuits against guardrail manufacturer Trinity Industries.
He claims that between 2000 and 2005, Trinity changed specific dimensions of their end-terminal, known as the ET Plus.
"For them to think you can change the specifications and it's not going to have any impact belies even the most simple engineering principles," Morris said.
The lawsuit calls the modified device "defective and unreasonably dangerous."
"Because it doesn't flatten out and absorb the impact as it should. Instead, it becomes a spear or a harpoon that can kill anyone in its way," he said.
Morris says Trinity never notified the Federal Highway Administration of these changes, as required, and that it was not sufficiently crash tested.
Trinity Industries spokesman Jeff Eller adamantly disagrees.
"It's the most crash-tested end-terminal system on the road today," adding, "If it's installed correctly and if it's repaired correctly, it will perform as it is designed." (Highway safety equipment is purchased by, maintained and repaired by state Department of Transportation.)
Crash tests are used by the Federal Highway Administration to determine what products are available to states for reimbursement by the federal government. Caltrans only buys equipment on this list.
"The ET Plus has an unbroken chain of eligibility. It has been on the Federal Highway Administration's approved-for-reimbursement since it was introduced," Eller said.
In October 2014, a Texas jury found Trinity made fraudulent claims in order to remain eligible for federal reimbursement.
Eller insists it was just an administrative oversight.
"That was a federal court case about paperwork filed with the Federal Highway Administration," Eller said. "It was not a court verdict on whether the ET Plus is safe or not."
The next day, the Federal Highway Administration ordered more crash testing.
To date, Federal Highway Administration confirms the ET Plus has met the criteria for all their crash tests, but the testing process has come under scrutiny.
In late 2014, California banned any new installation of the ET Plus.
"Out of an abundance of caution, when Caltrans first heard of safety issues with that product, we put a moratorium on the installations of any new or replacement ET Plus (guardrail) end treatments," agency spokesman Mark Dinger said.
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Thursday, February 18, 2016

Ceremony to Donate $100K to Humane Society of Southeast Texas on Behalf Victim of the DuPont, La Porte Gas Leak

On February 25th, 2016, at 2:00PM CST, Jasmine Wise will present the Humane Society of Southeast Texas a check for $100,000 dollars on behalf of her late mother, Crystle Wise, who was tragically killed in the DuPont Laport Gas Leak on November 15th 2014.

When: February 25th 2pm CST
Brentwood Entertainment Complex
4201 S. Major Drive
Beaumont, TX 77707

At the check presentation ceremony, Crystle Wise's daughter Jasmine Wise and Crystle's mother Betty LeBlanc will be speaking on behalf of the family. In addition, the head of the local chapter of the International Chemical Worker Union and the family's attorney, Beaumont Lawyer and Workers' Rights advocate Brent Coon will likely speak or read short statements during the presentation. A check will be donated to The Humane Society of Southeast Texas, in the amount of $100,000 dollars on behalf of the Wise family. The donation comes from the settlement negotiated by Brent Coon with DuPont after 4 workers were tragically killed after 23,000 pounds of a flammable, acidic, toxic chemical escaped in the DuPont facility.

Jasmine Wise selected the Humane Society of Southeast Texas as the recipient of this donation on behalf of her mother Crystle's love of animals and nature.

In addition to the $100,000 donation to the  Humane Society as part of the confidential settlement with DuPont, Brent Coon also negotiated, as a settlement condition, that DuPont hold a "Moment of Silence" each year at all DuPont facilities nationwide for 10 years to remember the fallen and to serve as a reminder of the importance of worker safety.

“This demonstration of public policy is fundamental to our community and a big part of what we try and do”, said attorney Brent Coon, “while nothing can alleviate the tragedy for Crystle’s family, our firm has seen the dividends resulting from this kind of caring and the awareness it’s generated, both for plant safety and the enrichment of Jefferson County as a whole.

We are inviting any media which would like to cover the event, open to the public, to please arrive at least 15 minutes prior to the start of the ceremony. Please contact Jay Jackson, Director of Communications for Brent Coon and Associates with any questions. 

Report: Analyst Suggests Essure is Linked to 303 Fetal Deaths

On Feb 17th an analyist released information from her study which states the FDA database contains 303 cases of which Essure may have caused fetal deaths. Spokespeople from Bayer are disputing this claim that Essure caused these deaths. The FDA is set to release it's own study towards the end of Feb. U.S. Representative Mike Fitzpatrick forwarded this information on fetal deaths to the FDA to review. The woman who conducted the study claims that her study was more comprehensive than the FDA's search and includes more keywords including: 'fetal death', 'stillbirth', 'stillborn' and 'miscarriage'. Mike Fitzpatrick is introducing the E-Free Act, which if passed, would removed Essure from the market.

To learn if you can file an Essure Lawsuit, contact the Essure Lawyers at Brent Coon and Associates or call 855-435-5839 for a Free Essure Lawsuit Evaluation

Tuesday, February 9, 2016


Bair Hugger is a warming Device is a forced-air warming devices that can cause serious surgical site infections. Corporate giant 3M’s BAIR HUGGER Warming Device is a convective system that transfers heat by circulating warm-air around the patient’s body. When the warm air if forced down and out of the blanket (i.e. waste heat), it collects bacteria from the floor and re-circulates it up to and onto the surgical site, contaminating the sterile surgical environment and increasing the risk of infection. Further, forced air blowers can be contaminated themselves with bacteria growing in their internal airflow paths and are breeding ground for contaminates.

3M proclaims that during the past 25 years, more than 165 million patients worldwide have been warmed perioperatively using its Bair Hugger Forced-Air Warming device. To market this product, 3M touted the benefits of patient warming to include reduced wound infections (soft tissue), reduced blood loss, reduced cardiac events, lower mortality rates, and shortened hospital stays. However, 3M knew that implanted knee and hip devices creates a favorable environment for staph infection. This will require removal of the implanting knee or hip device, loss of full capacity and mobility of daily living, amputation, and possibly even death.

BCA is accepting cases where a patient had a staph infection after knee or hip replacement surgery as they may be entitled to significant compensation.

Click here to learn more about Bair Hugger Hip/Knee Infection Lawsuits.

Thursday, February 4, 2016

Famed Attorney Brent Coon Plans to Hit SoCal Hard for the Porter Ranch Gas Leak

When it comes to Petrochemical Law, there is no doubt about it Brent Coon’s name is synonymous with fighting Big Oil. Nationally known, a partner with the US Government, appearances on 60 Minutes, The Today Show, CNN, and on most every major news organization, Brent and his national law firm, have been leading the fight against oil companies and winning environmental disaster lawsuits for nearly a decade. Under the law firm’s belt are numerous victories, most notably, the BP Oil Spill, Dupont Gas Leak in La Porte, Texas, the Louisiana and Texas City Plant Explosions.
Brent Coon Porter Ranch Gas Leak

“If there is one thing we know about oil companies and the environmental disasters they create, it’s their strategy to complicate the litigation process, then to add insult to injury, they delay, deny and underpay claims” Brent went on to say that in his opinion the SoCal Gas Leak reminds him of the BP Oil Spill in so many ways. As a result of handling tens of thousands of BP related claims, BCA already has the infrastructure in place to maximize and expedite the claims process.

These people need help and we will get involved because Big Oil cannot continue to affect and destroy health, life and property. The once beloved community of Porter Ranch has turned into a real nightmare with no end in sight. We now have one death possibly related to the gas leak, criminal charges filed against SoCal, thousands of relocated residents, schools closed, children and the elderly exposed to harmful chemicals on a daily basis, businesses gasping for air, community association boards, realtors and developers wondering if anyone will ever buy another home in Porter Ranch and homeowners hoping and praying that their once million dollar investment does not become a penny stock.

Our aim is to help Porter Ranch regain its blue chip status again. To offset the stigma that SoCal caused the community of Porter Ranch will require a legal team with the financial means, right strategy and expertise in environmental disasters, and our firm has that. With offices in Los Angeles and across the country, Brent Coon will begin to offer his expertise to attorneys already engaged with Porter Ranch residents, business owners, community association boards, city governments and developers. We will do everything possible to make Porter Ranch what it once was and we will hit SoCal hard for the damage they have caused. For more information, please visit our website- porterranchclaims.com

Wednesday, February 3, 2016

BCA Updates List of Volkswagen Recalls for Diminished Value Lawsuits

BCA has updated it's list of make and models we are investigating for possible Volkswagen Diminished Value lawsuits. They now include:

  • Volkswagen Jetta TDI, 2009-2015
  • Volkswagen Jetta Sportswagen TDI, 2009-2014
  • Volkswagen Passat TDI, 2012-2015
  • Volkswagen Golf TDI, 2010-2015
  • Volkswagen Beetle TDI, 2012-2015
  • Volkswagen Beetle Convertible TDI, 2012-2015
  • Audi A3 TDI, 2010-2015
  • Volkswagen Touareg TDI, 2009-2016
  • Audi A6 Quattro, 2014-2016
  • Audi A7 Quattro, 2014-2016
  • Audi A8 Quattro, 2014-2016
  • Audi A8L Quattro, 2014-2016
  • Audi Q5 Quattro, 2014-2016
  • Audi Q7, 2009-2016
  • Porsche Cayenne, 2013-2015
For more information on how to file or refer a Volkswagen Diminished Value lawsuits click here.