Whatever the outcome of this lawsuit, this case clearly highlights the dangers of texting while driving.

Helpful links

http://articles.nydailynews.com/2012-05-09/news/31644860_1_weinstein-car-crash-text

• look both ways
• put you phone down
• get off your bike
• hold small children by the hand
• only walk in designated areas

Remember there is a $100.00 fine for trespassing on UTA railways.

The facts of the case are undisputed.  Miriam Sanchez purchased auto insurance liability policy from United Auto Insurance, selecting uninsured motorist coverage equal to her bodily injury liability limits of $25,000, but rejecting underinsured motorist coverage by signing United’s Waiver. Under the heading “Agreement Deleting Uninsured/Underinsured Motorists Bodily Injury Coverage,” United’s Waiver read as follows:

Utah Insurance Code Section 31A-22-305 requires that every automobile policy include Uninsured/Underinsured Motorists Bodily Injury Coverage with limits equal to the Bodily Injury limit, unless you select a different limit than your Bodily Injury Coverage or reject the Uninsured/Underinsured Motorists Bodily Injury Coverage entirely. Uninsured/Underinsured Motorists Bodily Injury Coverage provides payment of certain benefits for damages caused by the owner or operator of uninsured/underinsured motor vehicles because of bodily injury, sickness, disease or death.

Shortly after purchasing the policy from United Auto Insurance Company, Miriam Sanchez was involved in an auto accident.  The passenger in her vehicle, Maria Lopez, was injured.  After the accident, Maria Lopez reached a settlement with the other driver’s auto insurance company for the policy limit of $25,000.00.  Claiming that the settlement amount was insufficient, Maria Lopez then made a demand for underinsurance motorists (UIM) coverage under the Miriam Sanchez policy. United Auto Insurance Company denied the claim asserting that Sanchez did not purchase UIM coverage.  Maria Lopez sued arguing that the Waiver Sanchez signed did not provide a reasonable explanation of UIM coverage required by Utah law.

The court held that the waiver did not adequately explain the difference between underinsured and uninsured.  Further, by using the term “uninsured/underinsured” throughout its explanation, United’s Waiver failed to differentiate between the purpose of each type of coverage and to clarify under what circumstances each type of coverage applied.

Lopez v United Auto Insurance Company is an important case because it clarifies the differences between uninsured motorist coverage and underinsured motorist coverage.  It further illustrates the need to make a careful decision on whether to purchase underinsured motorist coverage (UIM) to protect users of the vehicle against the negligent acts of third parties.  Utah’s minimum auto insurance liability amount is $25,000.00.

If you have questions regarding underinsured motorist coverage in Utah, please feel free to contact the James Esparza Law Firm for a confidential consultation of your legal rights.

Helpful link:

Lopez v. United Auto Insurance Company, http://scholar.google.com/scholar_case?case=3743975529979790295&q=lopez&hl=en&as_sdt=4,45&as_ylo=2012

Include a description of your pain, both at the time of the incident and at all times thereafter on a daily basis.  For example, describe if the pain you are suffering is a throbbing pain, a shooting pain, a persistent pain, etc.  Write down how you feel in your own words.

You and only you know your life better than anyone else.  Feel free to go into all aspect of your life and explain in the diary, in the greatest detail possible, how the occurrence has affected your life on a day-to-day basis.

Record what services you have been prevented from performing around the house, for example supervision of the children, and any other services performed by your spouse.  Diary the effect this has had on your spouse and your children.

However, remember what you write may be used against you by the insurance company and their attorneys. Thus, if you have questions you should consult an experienced accident and injury attorney.

If you have any questions in regards to keeping a personal injury diary or your injury case feel free to contact the James Esparza Law Firm for a confidential no obligation consultation.

For instance, a person involved in an auto accident sustains a broken femur.  Several weeks after the accident and surgery to repair the femur, the client goes out to a night club with friends.  Pictures are taken and subsequently posted on Facebook.

Investigators for defense counsel are monitoring the Facebook postings of the claimant and come upon the pictures.  The pictures are subsequently used to diminish the value of the claim.

James Esparza advises all our clients to not post on Facebook until the conclusion of matter  because anything posted could and will be used against a claimant to diminish the value of the claim or to defeat the claim in its entirety.

”There are clear risks associated with the transvaginal placement of mesh to treat POP,” said William Maisel, M.D., M.P.H., deputy director and chief scientist of the FDA’s Center for Devices and Radiological Health. “The FDA is asking surgeons to carefully consider all other treatment options and to make sure that their patients are fully informed of potential complications from surgical mesh. Mesh is a permanent implant — complete removal may not be possible and may not result in complete resolution of complications.”

TVM is a medical device implanted surgically to treat Pelvic Organ Prolapse (POP) and Stress Urinary Incontinence (SUI), conditions that may occur after childbirth and pregnancy. In 2010, more than 75,000 women had vaginal mesh surgery to repair POP.

Recent research shows that at least 10% of women who have received TVM implants suffer from mesh erosion within 12 months of surgery and more than half of these patients require additional surgery to remove the mesh following complications.

The advisory also noted that the FDA will be meeting on September 8-9, 2011 to discuss a potential ban on the mesh. The FDA was prompted to issue this warning after receiving more than 3,875 injury reports associated with the mesh, three of which involved fatalities, from 2005 to 2010.

What Patients Should Do?

• Ask the surgeon before surgery about all POP treatment options, including those that do not involve mesh, and understand why the surgeon may be recommending treatment of POP with mesh;
• Continue with routine check-ups and follow-up care after surgery. Notify the surgeon if complications develop (persistent vaginal bleeding or discharge, pelvic or groin pain during sex); and
• Those who have had POP surgery but don’t know if the surgeon used mesh should find out if mesh was used during their next scheduled visit with their health care provider.

If you or a loved one has been harmed by a transvaginal mesh, call the James Esparza Law Firm for a confidential discussion of your legal rights. Our law firm has helped thousand who have been harmed by faulty medical devices.  We would like to help you too.

Call Now 1-800-745-4050

Helpful Links:

FDA

Press Release 07/13/2011

http://www.fda.gov/NewsEvents/Newsroom/PressAnnouncements/ucm262752.htm

Urogynecologic Surgical Mesh

http://www.fda.gov/downloads/MedicalDevices/Safety/AlertsandNotices/UCM262760.pdf

Los Angeles Times

Revaluating Vaginal Mesh Implants

http://www.latimes.com/news/nationworld/nation/sc-dc-0714-fda-mesh-20110714,0,6030373.story

Washington Post

FDA: Complications From Mesh For Pelvic Organ Prolapse ‘Not Rare’

‘http://www.washingtonpost.com/blogs/the-checkup/post/fda-complications-from-mesh-for-pelvic-organ-prolapse-not-rare/2010/12/20/gIQADWtwCI_blog.html

Visit Road Respect Tour for information.

Most drivers in Utah do not know the 3 feet rule.  Utah Code §41-6a-706.5 provides that an operator of a motor vehicle may not knowingly, intentionally or recklessly operate a motor vehicle within 3 feet of a moving bicycle.

Following this law can save a life and prevent a bicyclist from suffering from a life time of pain and discomfort. Also, cyclists should wear a helmet, wear bright colored clothing, use a head light and blinking rear light when traveling at night.

If you or a loved one has been injured in a bicycle accident, call and speak with James Esparza.   Since 1985, James Esparza has helped many individuals and families rebuild their lives after sustaining a life altering injury. We would like to help you too. Call now at 1-800-745-4050 for a confidential consultation of your legal rights.

Our experienced bicycle injury attorneys will fight to obtain Full and Complete Compensation for your injuries, medical expenses and lost wages.

According to the New York Times article, Biotronick developed financial relationship with doctors as in inducement for the physician to recommend Biotronick products.  Typically, a physician is hired as a consultant to a medical device manufacturer.  After the economic transaction the physicians begins to recommend the products manufactured by the company.  According to the Times, Biotronick was able to increase its market share from 1% to 5% after implementation of their sales inducement program.

So what should a patient do?  One simply question, patients should ask their doctor is what financial arrangement their physician has with device manufacturer the physician is recommending. This information will help any patient assess whether the device is the type and quality they want inserted in their body.

Helpful Links

NY Times Article: Sales Tactics on Implants Raises Doubts

“The decision to settle cases reflects a business decision by the company to avoid the cost and distraction of prolonged litigation,” Chris Loder, a Pfizer spokesman, said in an e-mailed statement.

This development could be good news for the approximately 8,000 claimants involved in the  litigation in federal and state court.

James Esparza has been actively involved representing clients diagnosed with breast cancer while using Prempro in this litigation since 2004.

Helpful Links:

http://www.bloomberg.com/news/2011-05-13/pfizer-sets-aside-772-million-to-resolve-cancer-claims-on-menopause-drug.html

http://online.wsj.com/article/BT-CO-20110512-720329.html