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person-covering-infant-with-swaddling-blanket-1557255-scaledMedical malpractice can occur in a variety of situations, but injuries related to childbirth and delivery are particularly devastating to families. Brachial Plexus injuries are one of the most common types of Texas birth injuries. Approximately one or two of every 1000 babies will suffer this type of injury. In many cases, this injury is preventable and occurs as a result of a healthcare provider’s negligence. In these cases, the doctor, nurse, or other healthcare professional may be held liable for their negligence.

The brachial plexus is a bundle of nerves near the shoulder, arm, and hand that attach to the spinal cord. When these nerves experience stretching, the individual may suffer burning, shock-like pain, numbness, or weakness. In some cases, the pain does not last for an extended period and can resolve with therapy or over time. However, severe brachial plexus injuries are associated with the inability to use specific muscles in the elbows, shoulders, and toes.

There are four main types of brachial plexus injuries which include, neurapraxia, neuroma injuries, rupture injuries, and avulsion injuries. Brachial plexus diagnosis can be complicated because the symptoms may overlap. Although these injuries can occur at any time, they most commonly occur during birth. Babies’ shoulders can get stuck and stretched behind the pubic bone, and the subsequent strain often results in stretching and tearing.

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I-20 at Grant Odessa, TX

Odessa, Texas- Thursday, March 19, 2020:  A 39-year-old Decatur woman died Thursday afternoon in a three-vehicle crash, according to the Odessa Police Department.  Officers arriving on the scene of the crash found a Dodge Truck, a Jaguar and an 18-wheeler.  The crash occurred along I-20 at Grant.

 Amber Sahagun was a passenger in a Jaguar that was westbound on Interstate 20 near Grant Avenue and was behind a Dodge Truck, an 18-wheeler, driven  by Ranjit Singh  42, of New York, was following the car.  Singh failed to control his speed and hit the car, which then hit the Dodge pickup, according to the news release from the Odessa Police Department. 

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https://www.texasinjurylawyersblog.com/files/2020/03/Screen-Shot-2020-03-22-at-1.00.10-PM.pngMarch 22, 2020 Longview Texas.  A fatal car accident occurred about 9 miles northwest of Longview early Friday morning March 19th on Texas State Highway 300 near East Mountain.  The collision happened when a northbound pickup truck driven by Aaron Barbosa-Valerio (23) crossed into the path of of a southbound SUV driven by Rucker Steven Murry (65).  State trooper investigations concluded that Barbosa-Valerio was traveling too fast for the rainy conditions that morning and lost control of his vehicle.

Murry was taken to the Longview Regional Medical Center in serious condition, his passenger Cynthia Browne Murry (66) was pronounced dead at the scene.  Barbosa-Valerio was also injured and transported to a local hospital, his condition is unknown.

Driving in the Rain Tips

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adult-alcohol-bar-bartender-274192-scaledUnder Texas premises liability law, restaurants and bars have a duty to protect their customers. However, the extent of this duty is often called into question in cases where someone is injured while visiting an eating or drinking establishment. In a recent opinion, the court was asked to determine whether the defendant bar owed the plaintiff a duty of care to protect him against the criminal acts of a third party.

According to the court’s opinion, the plaintiff and a friend were drinking at the defendant bar. While they were at the bar, there were no issues. However, at 3 a.m., when the bar closed, the plaintiff was attacked by another bar patron. The fight left the plaintiff permanently blinded.

The plaintiff filed a personal injury lawsuit against the bar, arguing that the bar was negligent for failing to take any steps to protect him against the criminal acts of the other bar patron. In support of his claim, the plaintiff pointed to the fact that the police had been called five times the previous year for fights occurring in the bar’s parking lot immediately after closing.

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Mr-Shaw-300x297As the coronavirus (COVID-19) situation develops, all of our lives will undoubtedly be affected. Our families, communities, and businesses are navigating a truly unprecedented global event.

In this time of crisis, we know our role is to not only represent our clients in their time of need, protect our employees and team members, but also to help adapt to the changing realities we are now confronted.

I’m reaching out with an update from the Carabin Shaw Family to reassure you that we are working tirelessly to serve and help all of our clients prevail and to keep our employees safe at the same time.

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Every year, significant numbers of Texas workers suffer injuries and illnesses related to their employment. These injuries and illnesses range from relatively minor slip and fall incidents to serious life-threatening and debilitating accidents. In some circumstances, Texas workers who suffer injuries at work may be able to recover for their damages. The two primary ways a Texas worker can recover for their injuries is through workers’ compensation or a personal injury lawsuit against their employer.

Workers’ compensation is a government insurance program that provides medical benefits and lost wages to workers who suffer injuries on the job. Unlike most other states, Texas employers can choose whether they want to purchase this insurance. Even though coverage is not mandatory, Texas employers must notify all of their employees and the state if they choose not to provide coverage.

Work-related injuries can have long-lasting and potentially deadly consequences. For example, recently, a news source reported on the death of a third worker at a Texas energy well. The workers were at an oil well site near Austin, when a high-pressure release caused a fiery explosion. The victims were medevaced to hospitals where they succumbed to their injuries. The mother of one of the victims filed a case against the energy company and requested that the court order them to preserve the scene and any relevant evidence. Additionally, she asked the judge to issue an order that would allow her attorneys and family access to the site for an investigation.

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vegetables-inside-a-net-bag-3737611-scaledCarabin Shaw Law Firm encourages everyone to practice social distancing which includes limited contact and gatherings.  Please thank and generously tip the service people who provide you with to-go food, run necessary errands and who help the community during the coronavirus outbreak.  You are lifelines to many, thank you!

Instacart shoppers, Amazon delivery drivers, and others are making it possible for other people to engage in self-protective social distancing. When you run errands or go to a grocery store, you’ll see people with baskets and carts staring at their iPhone screens and then searching for black beans or frozen macaroni and cheese. A few wear masks and carry hand sanitizer. 

Meet these shoppers.  They’re not buying for themselves. Their job is to purchase goods and drive them to strangers who have ordered virtually, to limit being in crowded social places and being exposed to the coronavirus. Slate.com

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gray-and-black-semi-automatic-pistol-3602946-scaledShooting ranges are popular in Texas, but anytime someone handles a gun there is a risk for injury. Despite the safety procedures in place in most Texas ranges, accidents do occur, and individuals are sometimes shot, leading to injuries or even death. Like most accidents, Texas law allows victims to file a civil negligence suit to recover for their injuries against a negligent party who caused the accident. However, the requirements for filing a lawsuit against a shooting range are a bit more complicated, meaning some plaintiffs who misunderstand the statutory requirements for filing may have their suit dismissed regardless of its merits.

The Supreme Court of Texas recently considered a case that highlights these requirements. According to the written opinion, the plaintiff brought his loaded .22 caliber rifle to the defendant shooting range in December of 2016. He handed the gun to a range employee for a pre-entrance safety inspection, and during the inspection, the gun discharged and shot the plaintiff in the leg. As a result, the plaintiff suffered severe injuries that required extensive medical treatment.

In February of 2017, the plaintiff sued the shooting range and the employee who performed the inspection. The parties submitted an agreed-upon scheduling order, which was approved in April. The order provided a date by which all experts must be designated. In June of 2017, more than 90 days after the suit was filed, the defendants filed a motion to dismiss, based on section 128.053 of the Texas Civil Practice and Remedies Code. This section requires that a plaintiff suing a shooting range must serve an expert report on the defendants within 90 days of the original filing, unless that deadline is extended by written agreement. If a plaintiff fails to do so, their suit can be dismissed with prejudice. The defendants argued that the plaintiffs had not served them with an expert witness within 90 days, and thus the suit must be dismissed. The plaintiffs, on the other hand, argued that the scheduling order extended the deadline, even though it did not mention section 128.053.

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car-crash-cartoon-pictures-19An accident is always inconvenient, and costly, as well as dangerous. If you’re in an accident, it’s important to first call 911 immediately for anyone who is injured. Your next step? Call Carabin Shaw for a lawyer who is committed to making your bad situation better. And to prevent it from costing you more money and time.

We offer free phone, Facetime or in-person consultations so you can call us from the road or while at home. And for the convenience of our clients, we provide E-documentation options which save you time. We’re able to deliver your case documents straight to your phone. No travel time, parking issues or the added hassle of calling all the separate services for the help you need. We offer you immediate peace of mind by providing you with total accident assistance with one easy quick call to Carabin Shaw.

For your added convenience, we will arrange for a rental car to be delivered right to your front door. When an accident suddenly leaves you struggling with a need for cash, we are here to help arrange emergency cash loans for unforeseen expenses.
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https://www.texasinjurylawyersblog.com/files/2020/03/Screen-Shot-2020-03-16-at-11.44.11-AM.pngWednesday, March 11, 2020: ABILENE, TX – A fatal crash in Abilene left one person dead and three seriously injured. According to DPS, the crash occurred after a construction truck disregarded a stop sign and t-boned a small Ford on the passenger side that was traveling west on FM 3034. According to KTXS, DPS troopers responded to a crash on US 83 and FM 3034 near the Abilene Landfill in Jones County on Wednesday afternoon just before 5:30 p.m.

Troopers found 18-year-old Diego Hernandez dead at the scene. The three passengers in the back seat had to be extradited using the jaws of life. 

One of the passengers was a one-year-old infant who was seriously injured. The infant was flown to Cook Children’s Hospital in Fort Worth. An off-duty trooper who arrived first to the scene administered CPR to the baby. Investigators stated the infant was not properly restrained. Abilene Police and Firefighters were also at the scene.