I was touched by the heartfelt sympathy everyone in the community and nation feels for those that gave their lives to protect us all.  The City of West has bonded together to help each other through this tragedy.  The Memorial service on the Baylor campus was beautiful and attended by the Governor and President Obama (I saw him fly over West in his giant helicopter on the way to our memorial viewing).  The family members of the deceased first responders spoke and touched all of us watching from downtown West.

I was shocked to see the extent of the damage first-hand.  Several city blocks of West look like they were hit with a bomb.  Windows were shattered more than a mile away, garage doors were ripped free, and, closer to the blast center, whole buildings were completely demolished. The local and State police have more than a square mile blocked off as the investigation site.  I have personally had so many happy times in West, it was hard to see the City so devastated.

Through our representation of some of the people of West, we have learned first-hand the suffering West has endured.  In addition to the tragic loss of life of the first responders, many people close to the plant suffered concussive head injuries, broken bones and, perhaps most tragic, severe psychological injuries from seeing their friends, families, co-workers and town destroyed in the blast.  People are just not built to experience that kind of devastation first-hand.

I want to thank the City of West for its toughness, compassion and for welcoming us into the community.  We are proud to represent several victims of the blast and hope that our help with the legal aspects of the tragedy will allow our clients to focus on healing themselves and their community.  We are here to help

Go West!  Stay Strong!

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At 8 p.m. on April 17, 2013, the town of West, Texas was devastated by a massive explosion at a West fertilizer plant.  The explosion leveled a four-block radius of homes and businesses and left more than 14 confirmed dead and another 200 injured.  Among the deceased are eleven first responders, including at least five volunteer fire fighter. George Smith, West’s Director of Emergancy Services, estimates the death toll could rise to as many as seventy.  The explosion in West is the most deadly industrial accident in more than sixty years.  The West Plant Explosion Lawyers have uncovered new information about the possible causes of the most devistating industrial accident in more than 60 years.

West Plant Explosion Lawsuit could include Union Pacific Railroad

According to Texas Commission on Environmental Quality Chairman Bryan Shaw, the source of the explosion may have been a Union Pacific railcar loaded with ammonium nitrate.  The source of the blast obviously has a huge impact on the West Plant Explosion lawsuit filed earlier this week.  With property damage estimates in the hundreds of millions and untold loss of life, finding responsible parties capable of compensating the victims of this disaster is a chief concern for lawyers working on the West Plant Explosion lawsuit.

The Merman Law Firm – Your choice for the West Plant Explosion Lawsuit

Derek Merman was raised on a ranch near Waco, Texas.  Derek graduated from Baylor University and knows the people of West and Waco and is devastated by the loss suffered by his friends and former neighbors.

Derek Merman was raised by his mother on a horse ranch after his father was killed in a plane accident.  Derek and West Plant Explosion Lawyers understand what it is like to suffer catastrophic loss due to the negligence of others.  Derek grew up fishing on Lake Waco and dancing the polka at WestFest.  When his house burned down his senior year of high school, the community came together to help Derek and his mom put the pieces back together.  Now Derek is in a position to help the victims of the plant explosion in West.

The Merman Law Firm knows industrial accidents

Mr. Merman knows how to hold companies accountable for industrial accidents.  Last year Derek was co-lead counsel in an industrial accident case against DuPont.  Mr. Merman and his co-counsel received a verdict for the injured worker of over $11,000,000.  The year before, Mr. Merman got a verdict in Federal Court in Beaumont of over $16,000,000 for another injured Texan.  Mr. Merman understands personally the loss suffered by those injured in industrial accidents and the unbearable pain of those who lose loved ones to catastrophic accidents and plant explosions specifically.

Success has not jaded Mr. Merman. He remains caring and compassionate with all of his clients. Because he maintains a small docket, his clients are like family to him.  Mr. Merman has not forgotten how important a skilled, caring and compassionate lawyer is.

If you or a loved one has been injured in the West Plant Explosion, call the Merman Law Firm.

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DePuy Knee Lawsuit – The Merman Law Firm in the News

Mr. Merman was quoted as saying “DePuy, as it did with the defective ASR hips, circumvented full FDA premarket approval by claiming its DePuy LPS Diaphyseal Sleeve (DePuy knee replacement) was substantially similar to products made decades earlier.  This is the same strategy it used to receive approval to market its defective hips that resulted in more than 10,000 law suits.”  See the full article at http://www.prweb.com/releases/2013/2/prweb9423116.htm

DePuy Knee Lawsuit – Defective Hips all over again?

Mr. Merman has experience suing DePuy for defective medical devices.  Mr. Merman is currently involved in the DePuy hip litigation in Ohio.  As he stated in his original complaint against DePuy and Johnson & Johnson in the Southern District of Texas, “The ASR devices were not subject to the rigorous premarket approval (PMA) testing and approval pursuant to 21 U.S.C. § 360(e).  Instead, DePuy Orthopaedics, Inc. and/or Johnson & Johnson, Inc. obtained approval from the FDA to market the ASR XL Acetabulum System in the United States through the 510(k) premarket notification process pursuant to 21 U.S.C. § 360(k) asserting that it was substantially equivalent to other hip replacement systems already available on the market.”

The DePuy knee recall and DePuy knee lawsuit involve a lot of similar issues.  With its DePuy LPS Diaphyseal Sleeve, DePuy claimed that the device was “substantially similar” to several products previously approved by the FDA, at least one of which was intended for use in hips.  But DePuy claimed they were so similar that they did not need to go through full and rigorous premarket approval.

If you believe you or a loved-one has been damaged by the DePuy LPS Diaphyseal Sleeve (DePuy knee replacement) and want to join the DePuy knee lawsuit, contact the Merman Law Firm immediately at 1-855-Merman5.

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Fungal Meningitis Bankruptcy

New England Compounding Center (NECC), the target of numerous lawsuits from the fungal meningitis outbreak, filed for Chapter 11 bankruptcy on December 21, 2012.  This bankruptcy filing will likely put a hold on lawsuits filed against the company until the financial details of the reorganization are worked out.

The bankruptcy filing does not come as a surprise. NECC shut down its facility and surrendered its pharmacy license shortly after the outbreak began in October 2012. The company is now facing dozens of class action lawsuits and hundreds of individual lawsuits, and there has been concern that NECC may not have enough assets to cover the claims. Through the Chapter 11 reorganization, the company claims its goal is  to create a substantial fund to help compensate those affected by the outbreak.  The fungal meningitis attorney will keep a close eye on this bankruptcy to make sure that is the truth

 Fungal Meningitis MDL

To help streamline litigation in federal courts, attorneys on both sides are asking to have the lawsuits consolidated before one judge for pretrial and discovery matters. This process is called multi-district litigation (MDL). On January 31, 2013, the U.S. Judicial Panel on Multidistrict Litigation (JPML) will hear oral arguments on whether the lawsuits over the fungal meningitis outbreak filed in federal court should be consolidated. Consolidating the lawsuits is designed to help avoid conflicting rulings among different judges and to minimize duplicative discovery.

 Fungal Meningitis Update

The number of infections continues to rise since the initial outbreak in October. The most recent update posted by the U.S. Centers for Disease Control and Prevention (CDC) confirms at least 664 cases of fungal meningitis or infection among individuals who received medications compounded by NECC, including 40 deaths.  If you or a loved-one received an epidural steroid injection and was later diagnosed with fungal meningitis, contact The Merman Law Firm at 888-Merman5

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The Merman Law Firm is monitoring the Nap Nanny Recall to provide consumers up-to-date information about the serious safety concerns that prompted the Nap Nanny Recall.  Five deaths are associated with the Nap Nanny Recall so far.

The Nap Nanny, manufactured by Baby Matters, is a portable recliner made for infants. Since the product underwent an initial recall and redesign in 2010, which included raising the sides of the recliner, and adding warnings and an instructional video, complaints are still being steadily registered to the Consumer Product Safety Commission (CPSC). To date, seventy complaints have been registered and five deaths have been associated with the product’s use.

Despite the complaints, Baby Matters has refused to recall the product, stating that any injuries occurred due to improper use, not due to any design or warning defect of the product itself. The CPSC has filed a lawsuit against Baby Matters to force the company to recall the product. In addition, four major sellers of the Nap Nanny have voluntarily ceased selling the product.  Amazon.com, Buy Buy Baby, Diapers.com, and Toys “R” Us/Babies “R” Us have, in addition to pulling the product from its inventory, offered that consumers may return the Nap Nanny for a full refund or store credit.

The Merman Law Firm highly recommends that consumers stop using the Nap Nanny immediately and return the product.  If your child or a child you know suffered injury attributable to the Nap Nanny, you need a serious product defect attorney.  The Merman Law Firm can help you recover for the loss caused by this dangerous product. Contact us at (713) 351-0679.

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General Motors Recall – GM has issued a worldwide recall on nearly 69,000 trucks, SUVs and vans because the vehicles can roll away after being parked. The recall is due to a fractured park lock cable or a malformed steering column lock actuator gear, and affects around 55,000 vehicles in the United States. There are also 6,310 vehicles in Canada, 670 in Mexico and 7,084 other exports.

If the defect is present in a GM vehicle that is part of the General Motors Recall, the driver could shift the vehicle out of park even if the key is removed from the ignition or is in the off position. The vehicle could also be shifted out of park when the brake pedal is applied while the key is in the off position, and the key could be switched to the off position and removed while the vehicle is not in park.

Vehicles affected by the General Motors Recall

Vehicles affected by the recall include 2013-model Cadillac Escalade, Escalade EXT and Escalade ESV SUVs; Chevrolet Express vans, Silverado and Avalanche pickup trucks, and Tahoe and Suburban SUVs; and GMC Savanna vans, Sierra pickup trucks, and Yukon and Yukon XL SUVs.

GM expects only one in 1,000 of the vehicles recalled to have the defect, and GM knows of no crashes or injuries caused by the problem. While most of the affected vehicles are believed to still be on dealer lots or in transit dealers, those that may have reached consumers could cause injury.  If you or someone you know has suffered injury due to a vehicle recalled in the General Motors Recall, contact The Merman Law Firm at 855-Merman5 – We can help.

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Zimmer and the FDA are alerting surgeons and risk managers that the PEEK Ardis Inserter is not safe for use and is being recalled – patients who had Zimmer components inserted during back surgery and suffered complications or death should check to see if the defective PEEK Ardis Inserter was used during surgery.   The use of the PEEK Ardis Inserter during spine surgery could cause disability, dysfunction, or death, according to the FDA.   The Merman Law Firm is helping to spread the word to potential victims of Zimmer Spine Complications – Defective Inserter.  Spine surgery patients that experienced complications or death following implantation of a Zimmer Spine listed below should contact the Merman Law Firm immediately to see if the PEEK Ardis Inserter was the cause of the complications.

The PEEK Ardis Inserter, manufactured by Zimmer Spine, Inc., is a surgical tool used to implant the PEEK Ardis Interbody Spacer during spine surgery.  The company received reports that the PEEK Ardis Interbody Spacer was breaking into fragments when too much force was applied to the Inserter. In November 2012, the company issued a memo to warn surgeons and medical facilities of the defect and provide them with precautionary measures. Since then, the company has issued a voluntary recall of all Inserters and informed medical personnel to immediately stop using the surgical device.

Zimmer Spine Complications – Defective Inserter

If the PEEK Ardis Interbody Spacer fractures during surgery, the following complications may ensue:

• Surgical delays of up to one hour
• Tear(s) in the covering of the spinal cord, a “dural tear”
• Cerebrospinal fluid leakage
• Significant blood loss
• Nerve injury

Though medical facilities and medical professionals have been instructed to cease use of this product, patients may still be at risk.  If you or someone you know has suffered injury or complications attributable to the PEEK Ardis Inserter, contact The Merman Law Firm at 855-Merman5 – We can help.

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The Merman Law Firm is accepting business owners who sufferred a financial loss between May, 2010 and December, 2010 as compared to other years.  Business owners in Galveston, Chambers, Jefferson and Orange county may be entitled to participate in a program set up to compensate businesses for lost revenue that may have been related to the BP oil spill.

In order to qualify, you must meet the following criteria:

1. Own a business in Galveston, Chambers, Jefferson or Orange County, Texas;
2.  Your business did not do as well between May 2010 and December 2010 as it normally does; and
3. You have profit and loss (P&L) statements that show that your profits between May and December 2010 were off by more than 8.5% compared to previous years and returned to normal revenue in 2011.

If you satisfy these criteria, you may be entitled to immediate compensation from BP.  The Courts have determined that businesses in these areas that can show a loss probably lost profits because of the oil spill, whether you knew that was why or not.

Contact the Merman Law Firm for representation for your business loss.

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The FDA, as part of its continuing investigation into the New England Compounding Center’s contaminated drugs responsible for the fungal meningitis outbreak, has uncovered new information regarding the cause of the outbreak and released a list of all medical facilities that received medicine from the New England Compounding Center.  You can find fungal meningitis update here and on the FDA website at www.fda.gov.

Horrible Compouding Conditions Revealed

The Denver Post reported today that the conditions in what was supposed to be the “clean room” of the compouding center had a leaky boiler and black fungus growing in ”sterile” environments, including the actual vials of medicine.  The Post reports that more than three dozen people have been killed by the deadly fungal meningitis and countless more have been made seriously ill.  You can read the article at http://www.denverpost.com/portal/news/ci_21840405/meningitis-outbreak-new-england-leads-drug-recall-colorado?_loopback=1

FDA Releases List of Facilities that Received Potentially Contaminated Medicine

Also release today is the FDA’s fungal meningitis update, including a list of all of the facilities across the country believed to have treated patients with medicine from the New England Compouding Center.    If you or someone you know was diagnosed with fungal meningitis and had received injectible medicine since May of 2012, there is a very good chance the meningitis was caused by contaminated medicine from the New England Compounding Center.  Check the list of facilits at the FDA website (click here to be linked) and call the Merman Law Firm immediately.  There is likely to be a limited abount of funds to compensate hundreds of victims, so time is of the essence.

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In an effore to keep consumers and potential clients informed, the fungal meningitis lawyers at the Merman Law Firm maintains this blog with up-to-date information about the fungal meningitis outbreak linked to injectible drugs from the New England Compounding Center.

The FDA today released a list of all FDA publishes list of recalled products related to fungal meningitis outbreak.  This list includes all products manufactured and distributed by the New England Compounding Center.  You can check the product list here.

If you received injectible medicine and were diagnoses with fungal meningitis it is imperative that you secure counsel immediately.  There is likely a limited amount of money available to compensate the victims.   In fact, the Plaintiffs’ counsel has moved a Court in Massachusettes to freeze hundreds of millions of dollars in assets to insure that the victims of this fungal meningitis outbreak are compensated.

The Merman Law Firm already represents clients across the country affected by this fungal meningitis outbreak.   Right now it seems likely that the fungal meningitis lawsuit  will be consolidated into multi-district litigation in either Massachusettes or New Jersey.  The Merman Law Firm is experienced in handling complex MDL cases and is ready to help you with your fungal meningitis lawsuit.  Call the Merman Law Firm for aggressive, compassionate representation.  The Merman Law Firm are the fungal meningitis lawyers.

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