Mesothelioma Asbestos Lawyer, DuBose Law Firm, PLLC

Main navigation

You are here: Home / Archives for dallas personal injury lawyer

dallas personal injury lawyer

Updated Warning About Hand Sanitizers

By

There is an updated warning about hand sanitizers – now a list of over 100 products. Most are manufactured in Mexico. Some have insufficient amounts of ethyl or isopropyl alcohol, while others have methanol, a potentially deadly ingredient.

FDA updated warnings on July 31

The announcement by the Food and Drug Administration (FDA) stated, “FDA test results show certain hand sanitizers have concerningly low levels of ethyl alcohol or isopropyl alcohol, which are active ingredients in hand sanitizer products. The agency urges consumers not to use these subpotent products and has expanded its list to include subpotent hand sanitizers, in addition to hand sanitizers that are or may be contaminated with methanol.”

Why not use methanol in hand sanitizers?

Methanol is toxic and was found in a number of hand sanitizers. It can enter a person’s system through inhalation, ingestion, and absorption through skin. It can produce nausea, vomiting, blindness, loss of consciousness, and can cause death. Children are especially susceptible to harm. It is also flammable due to its fumes. Not all bottles may be labeled sufficiently, so the best path is to use brands that are recognizable.

With the shortage of hand sanitizers, the FDA enlisted an additional 1500 manufacturers to produce the product. They are testing products as they’re produced and found most substandard sanitizers manufactured in Mexico. Recalls were issued as well as alerts that stop their importation into the country. Still, be aware of the warning about hand sanitizers – vigilance is key.

What are other problems?

Many of the new entrants to the sanitizer market are distillers and other companies not familiar with the manufacture of hand sanitizers. Some of the issues found include:

  • A lower than allowed percentage of ethyl or isopropyl alcohol
    • A minimal 60% ethanol/ethyl and 70% isopropyl/isopropanol alcohol is necessary for sanitizing. It should show as the active ingredient on the label.
  • Bottles that resemble small liquor, soda or water bottles
    • This has led to accidental or intentional ingestion of a toxic liquid – especially in children.
  • Bottles that are not resealable
    • The alcohol can evaporate if not sufficiently sealed.
  • Alcohol that is not denatured
    • This is a little known, but critical need. Denaturing gives the product a bitter taste and bad smell that discourages consumption.
    • Distilleries do not use this process in the making of spirits. The ingredients are expensive and hard to find. Damage to distillers’ equipment can occur with the denatured alcohol. With these impediments, the American Distilling Institute (ADI) and the FDA still recommend compliance despite the obstacles.

Soap and water is best

Recommendations are to use hand sanitizers ONLY if soap and water are not available. Plain soap is preferred over antibacterial products. Why? Overuse of antibiotic soaps can encourage bacteria growth that will no longer be killed by antibiotics. Clostridioides difficile (C. diff), a hard-to-cure infection often found in hospitals, does not respond to hand sanitizers. Only soap and water are effective in killing and avoiding the spread of C. diff. Additionally, there is no proof that antibacterial soaps work better than plain soaps.

What can you do to protect yourself and your family?

• Take any warning about hand sanitizers seriously and check the FDA sites regularly for updates.

• Wash your hands with soap when possible and use alcohol-based hand sanitizers with the recommended percentages of alcohol.

• Be wary of hand sanitizers coming from Mexico because of possible methanol and less than recommended percentages of approved alcohols.

• Keep all hand sanitizers out of the reach of children. If they are in a bottle that resembles soda, water, or liquor transfer to another bottle, such as a travel sized shampoo bottle.

Check your current hand sanitizers and when shopping

Be aware of the warning about hand sanitizers. The FDA instructs you should avoid the following products:

Blumen Clear Advanced Hand Sanitizer with 70% Alcohol

Blumen Advanced Instant Hand Sanitizer Clear Ethyl Alcohol 70%

BLUMEN Advanced Instant Hand Sanitizer Clear

KLAR AND DANVER Instant Hand Sanitizer

MODESA Instant Hand Sanitizer Moisturizers and Vitamin E

BLUMEN Advanced Hand Sanitizer

BLUMEN Advanced Hand Sanitizer Aloe

BLUMEN Advanced Instant Hand Sanitizer Lavender

BLUMEN Clear Advanced Hand Sanitizer

BLUMEN Clear LEAR Advanced Hand Sanitizer

The Honeykeeper Hand Sanitizer

BLUMEN Advanced Hand Sanitizer Clear

BLUMEN Clear Advanced Instant Hand Sanitizer

BLUMEN Clear Advanced Instant Hand Sanitizer Aloe

BLUMEN Clear Advanced Instant Hand Sanitizer Lavender

BLUMEN Aloe Advanced Hand Sanitizer, with 70 Alcohol

Blumen Advanced Hand Sanitizer Lavender, with 70% alcohol

Blumen Advanced Hand Sanitizer Aloe, with 70% alcohol

Blumen Antibacterial Fresh Citrus Hand Sanitizer

Blumen Hand Sanitizer Fresh Citrus

KLAR and DANVER Instant Hand Sanitizer

Hello Kitty Hand Sanitizer

Assured Instant Hand Sanitizer (Vitamin E and Aloe)

Assured Instant Hand Sanitizer (Aloe and Moisturizers)

Assured Instant Hand Sanitizer Vitamin E and Aloe

Assured Instant Hand Sanitizer Aloe and Moisturizers

BLUMEN Instant Hand Sanitizer Fragrance Free

BLUMEN Instant Hand Sanitizer Aloe Vera

Assured Aloe

bio aaa Advance Hand Sanitizer 

LumiSkin Advance Hand Sanitizer 4 oz

LumiSkin Advance Hand Sanitizer 16 oz

QualitaMed Hand Sanitizer  

NEXT Hand Sanitizer

Clear Advanced Hand Sanitizer with 70% Alcohol extra soft with glycerin and aloe

NuuxSan Instant Antibacterial Hand Sanitizer

NuuxSan Instant Hand Sanitizer

Assured Instant Antiseptic Hand Sanitizer with Aloe and Moisturizers

Assured Instant Antiseptic Hand Sanitizer with Vitamin E and Aloe

Modesa Instant Antiseptic Hand Sanitizer with Moisturizers and Aloe Vera

Modesa Instant Antiseptic Hand Sanitizer with Moisturizers and Vitamin E

Herbacil Antiseptic Hand Sanitizer 70% Alcohol

Earths Amenities Instant Unscented Hand Sanitizer with Aloe Vera Advanced

Hand Sanitizer Agavespa Skincare

Vidanos Easy Cleaning Rentals Hand Sanitizer Agavespa Skincare

All-Clean Hand Sanitizer

Esk Biochem Hand Sanitizer

Lavar 70 Gel Hand Sanitizer

The Good Gel Antibacterial Gel Hand Sanitizer

CleanCare NoGerm Advanced Hand Sanitizer 80% Alcohol

CleanCare NoGerm Advanced Hand Sanitizer 75% Alcohol

Saniderm Advanced Hand Sanitizer

Hand sanitizer Gel Unscented 70% Alcohol

Medicare Alcohol Antiseptic Topical Solution

GelBact Hand Sanitizer

Hand Sanitizer

TriCleanz

Sayab Antisepctic Hand Sanitizer 100

Jaloma Antiseptic Hand Sanitizer Ethyl Alcohol 62% with Vitamin E

Leiper’s Fork Distillery Bulk Disinfectant per 5 gallon and Leiper’s Fork Distillery 16 oz bottle

Andy’s Best

Andy’s

NeoNatural

Plus Advanced

Optimus Instant Hand Sanitizer

Optimus Lubricants Instant Hand Sanitizer

Selecto Hand Sanitizer

Shine and Clean Hand Sanitizer

Hand Sanitizer Disinfectant Gel 70% Ethyl Alcohol

Hand Sanitizer Disinfectant Gel 70% Ethyl Alcohol Rinse Free Hand Rub

Mystic Shield Protection hand sanitizer

Born Basic. Anti-Bac Hand Sanitizer 70% alcohol

Born Basic. Anti-Bac Hand Sanitizer 65% Alcohol

Scent Theory — Keep It Clean — Pure Clean Anti-bacterial Hand Sanitizer

Cavalry

ENLIVEN Hand Sanitizing Gel

Lux Eoi Hand Sanitizing Gel

Scent Theory — Keep It Clean — Pure Clean Anti-bacterial Hand Sanitizer

Bersih Hand Sanitizer Gel Fragrance Free

Bersih Antiseptic Alcohol 70% Topical Solution hand sanitizer

Purity Advanced Hand Sanitizer

Hand Sanitizer Gel Alcohol 70%

TriCleanz Tritanium Labs Hand Sanitizer

Britz Hand Sanitizer Ethyl Alcohol 70%    

Parabola Hand Sanitizer  

Urbane Bath and Body Hand Sanitizer    

Cleaner Hand Sanitizer Rinse Free 70%    

Handzer Hand Sanitizer Rinse Free

Kleanz Antibacterial Hand Sanitizer Advanced

Be Safe Hand Sanitizer

Wave Hand Sanitizer Gel

DAESI Hand Sanitizer  

Some Hand Sanitizers May Prove Dangerous

By

Though hand sanitizers are widely used to prevent the spread of COVID19, some hand sanitizers may prove dangerous.

The Food and Drug Administration (FDA) discovered an increase in sanitizer products labeled to contain ethanol (ethyl alcohol) may, instead, contain methanol, a possibly fatal ingredient. Below are hand sanitizers to avoid completely. The FDA investigation continues for other problems. In general, use no hand sanitizer products manufactured by Eskbiochem.

What is methanol and what are the effects?

It is also called wood alcohol. According to the Centers for Disease Control and Prevention (CDC), it is present in industrial products as a solvent, pesticide, and alternative fuel source. When exposed to methanol – such as when cleaning hands – nausea and vomiting, headache, seizures, coma, blurred vision, permanent blindness, permanent nervous system damage and even death can result.

Products manufactured by Eskbiochem

These have been recalled:

•   Saniderm Advanced Hand Sanitizer which comes in 1-liter plastic bottles labeled “Made in Mexico” and “Produced by: Eskbiochem SA de CV” distributed by Saniderm Products and UVT.

  • The UVT hand sanitizer is labeled with lot number 0530 and an expiration date of 04/2022.
  • The Saniderm Products hand sanitizer is labeled with lot number 53131626 and “Manufactured on April/1/20.”

•  ITECH 361’s All Clean Hand Sanitizer, Moisturizer and Disinfectant: UPC code 628055370130.

•  Transliquid Technologies’ Mystic Shield Protection hand sanitizer: NDC numbers include 75477-435-02, 75477-435-10, 75477-435-12, 75477-435-25, 75477-435-50 and 75477-534-10.

These Eskbiochem products, to date, are not removed from the marketplace. Products to avoid include:

  • All-Clean Hand Sanitizer (NDC: 74589-002-01)
  • Esk Biochem Hand Sanitizer (NDC: 74589-007-01)
  • CleanCare NoGerm Advanced Hand Sanitizer 75% Alcohol (NDC: 74589-008-04)
  • Lavar 70 Gel Hand Sanitizer (NDC: 74589-006-01)
  • The Good Gel Antibacterial Gel Hand Sanitizer (NDC: 74589-010-10)
  • CleanCare NoGerm Advanced Hand Sanitizer 80% Alcohol (NDC: 74589-005-03)
  • CleanCare NoGerm Advanced Hand Sanitizer 75% Alcohol (NDC: 74589-009-01)
  • CleanCare NoGerm Advanced Hand Sanitizer 80% Alcohol (NDC: 74589-003-01)
  • Saniderm Advanced Hand Sanitizer (NDC: 74589-001-01)

The FDA also tested the following products and found they contained methanol or were “purportedly made at the same facility as products in which FDA has tested and confirmed methanol contamination.”

  • Grupo Insoma’s Hand Sanitizer Gel Unscented 70% Alcohol: NDC numbers include 75744-0200-3, 75744-0200-4, 75744-0201-5, 75744-0202-1, 75744-0250-1, 75744-0250-2, 75744-0500-1, 75744-1000-1, 75744-1000-3 and 75744-1001-1.
  • Soluciones Cosmeticas’ Bersih Hand Sanitizer Gel Fragrance Free: NDC numbers include 75165-003-02, 75165-004-01, 75165-005-01, 75165-006-01, 75165-008-01, 75165-250-01 and 75165-600-01.
  • Soluciones Cosmeticas’ Antiseptic Alcohol 70% Topical Solution hand sanitizer: No NDC numbers listed.
  • Tropicosmeticos’ Britz Hand Sanitizer Ethyl Alcohol 70%: NCD numbers include 76676-402-01, 77676-402-02, 77676-402-03, 77676-402-04, 77676-402-05, 77676-402-06, 77676-402-07, 77676-402-08, 77676-402-09, 77676-402-10, 77676-402-11, 77676-402-12, 77676-402-13, 77676-402-14, 77676-402-16, 77676-402-17, 77676-402-18, 77676-402-19 and 77676-402-20.

What should you do if you used or possess any of these products?

It is critical to get immediate treatment if you, or someone you know, was exposed to a hand sanitizer containing methanol. This can allow possible reversal of the toxic effects of methanol poisoning, but must be done as soon as possible.

Children who accidentally swallow these sanitizers are at greater risk, as is anyone who drinks these as a substitute for alcohol (ethanol.)

To dispose of these products, put them in hazardous waste containers immediately and take to a disposal site. Do not put them in recycling. Do not flush or pour them down a drain.

Remember, though some hand sanitizers may prove dangerous, the best sanitizing defense is to wash hands with soap and water for at least 20 seconds.

The Life or Death Decisions of Autonomous Vehicles

By

Though not seen often – yet – autonomous vehicles are on the streets bringing the advantages of artificial intelligence (AI). The goal is to make driving decisions without the human tendencies toward distraction or impaired driving. These autonomous vehicles also must make life or death decisions when an unexpected event occurs. On what basis are these critical decisions made? Can this be programmed into a software driven car or truck?

Autonomous Vehicles Making Life or Death Decisions

Can moral decisions be programmed? If a self-driven car judges a potentially fatal accident is imminent, does it choose to sacrifice passengers or pedestrians? Does the number in each group matter; two passengers or five pedestrians? What if the passengers include a child and the pedestrians comprise a group of elderly citizens? Should it endanger passengers to avoid hitting an animal? These and millions of other difficult scenarios have been discussed for years. There is even a website platform, the Moral Machine, created by MIT Media Labs where anyone is invited to make judgements in these situations. So far, people in over 200 countries have contributed.

What does data show?

Interesting data has been uncovered from the Moral Machine regarding the decisions people would make. In general, there is a consensus to save children over adults. Yet, in Far Eastern countries, the elderly would be saved first. So, even areas of the world come to different decisions – Western, Eastern, Southern – especially in complex situations.

Nicholas Evans, philosophy professor at the University of Massachusetts, writes, “You could program a car to minimize the number of deaths or life-years lost in any situation, but then something counter-intuitive happens. When there’s a choice between a two-person car and you alone in your self-driving car, the result would be to run you off the road. People are much less likely to buy self-driving vehicles if they think theirs might kill them on purpose and be programmed to do so.” What people say in surveys versus what they would want to happen if they, or loved ones, are involved varies greatly.

Though extremely difficult to program to fit so many scenarios, there must be moral programming for the AI to make the autonomous vehicles accepted. This is especially true since there is not a global consensus for the morality of any given situation. In addition to life or death decisions, the vehicle is computing routes, traffic, obstacles, speed, condition of vehicle and countless other parameters.

What is next?

The ultimate goal is reducing accidents exponentially. Until almost all vehicles are controlled by AI and can interact, that will not happen. Even then, everyone who has anything electronic knows that there can be bugs and glitches, service going down, hackers, and the unknown.

Once there is an accident, there will need to be a decision on liability. These computer-driven vehicles will be equipped with essentially “black boxes” that record the previous 30 seconds or so of data. This information will make it easier to reconstruct what occurred, but who is to blame? What stage of the vehicle’s development created this accident: software developer, vehicle manufacturer, communication provider, or one of the other multiple vendors supplying parts?

Much is still unknown as this is a huge change in transportation globally. As more and more of these vehicles are introduced to our streets and highways, data collected will lead to more answers and probably more questions as well.  

Dallas Electric Scooter Rentals May Lead to Injuries

By

Dallas electric scooter rentals have been very popular, with nearly 4-million rental rides tallied since they first debuted in June, 2018. Until the time of COVID-19 and the eventual quarantine, an ever-increasing number of electric rental scooters were seen zipping around Dallas. As public health precautions began in earnest, two of the scooter companies, Ojo and Lime, temporarily removed their dock-less vehicles. That possibly left fewer than half of the 13,000 scooters deployed before the coronavirus pandemic shut down Dallas.

In addition to the reduction due to the quarantine, numbers dropped further because of people staying at home and social distancing. Along with the factors noted above explaining the drop of electric scooter rentals, are the stricter guidelines, newly passed, limiting the use of the scooters.

Even with the new limitations, reports about serious accidents that can occur with these scooters – truly motorized vehicles – still present safety and legal issues.

Stricter regulations with Dallas electric scooter rentals

New stricter regulations that deal with these rentals now include a 20 mph speed limit, a ban on rides after midnight – even 9 p.m. for some areas – and fines for companies if they leave a vehicle parked incorrectly. These new rules also ban riding scooters on sidewalks and impose a $200 fine on riders who don’t follow the rules.

Even with the recent limitations on the use of scooters, there are still issues with their speed and the resulting injuries.

Hospital reports of injuries seen due to motorized scooters

The Emergency Department at Baylor University Medical Center in Dallas has tracked scooter mishaps and found 57-percent of injuries happened after 7 p.m.  For those who showed up at the ER, 58-percent had broken bones, 43-percent had facial injuries, and 35-percent suffered brain injuries. In total, Baylor recorded 322 emergency room visits from July 2018 through September 2019 – 55 of those visits required hospitalization, including 14 ICU patients and one reported death.

Dallas is not unique in in this matter. Around the nation, ER doctors have pointed out an increase in the number of serious accidents that accompany the rise in use of motorized scooters.  These statistics are probably low as it should be remembered that not everyone who gets in an accident involving an electric scooter is going to go to the ER or call 911. 

Causes of electric scooter accidents

In some scooter accidents, the scooter operator is inexperienced and simply loses control and crashes. In this type of accident, there generally is no possibility of a personal injury claim since the operator was at fault. Though, in some circumstances, it is possible that a lawsuit could be brought if it can be shown that the manufacturer, or company that rented the scooter, did not provide sufficient warnings and/or instructions about how to use the scooter safely.

Other accidents with electric scooters may involve automobiles. If a car driver does not yield to a scooter rider in a crosswalk, the rider could be entitled to serious compensation for injuries sustained. In most of these automobile-scooter crashes, the scooter rider suffers serious injuries, such as broken bones, head trauma, and internal injuries.  When this type of collision occurs, the rider could be entitled to compensation for medical bills, pain and suffering, and lost wages.

Will electric scooters survive COVID-19 and stricter rules?

It remains uncertain whether the electric scooter rental market will survive COVID-19 and the new stricter regulations at all, much less at the level it had attained.

Regardless of their future, the scooters can present significant safety and legal issues that cannot be understated.  

Texas Wrongful Death and Survival Claims Explained

By

There is often confusion about Texas wrongful death and survival claims, but Dallas serious personal injury attorney, Ben DuBose, explains, “When tragedy strikes and a person dies because of someone’s negligent conduct, Texas law provides for two general types of recovery in our civil court system: wrongful death and survival claims.”

Survival claims

Survival claims are those personal injury claims the deceased individual would have if they were living. The individual’s death does not extinguish these claims. Rather, they “survive” their death and belong to the estate of the decedent. Survival claims include claims for pain, suffering, mental anguish, lost wages, as well as medical expenses related to treatment of the injury that caused the death.

Wrongful death claims

In addition, claims can be brought by the family of the decedent for wrongful death. Wrongful death claims exist by statute in Texas and belong to the family members of the decedent for the loss of their spouse, parent, or child.

How wrongful death and survival claims work together

DuBose points out that “while wrongful death and survival claims are separate claims, they are brought in the same lawsuit.”

A surviving spouse, parent or child may bring the wrongful death action. However, if none of those individuals have brought the claim within three months of the death of their loved one, the executor of the estate may bring the claim.

Surviving siblings do not have standing to bring a wrongful death action in Texas. However, most states have a wrongful death statute and the classes of relatives with standing to bring a claim vary from state to state.

In some Texas wrongful death claims, exemplary damages are available. Exemplary damages are permitted if the jury finds a wrongful death is caused by a willful act or omission, or by gross negligence. The purpose of exemplary damages is not to compensate the family, but to punish a wrongdoer and to make an example that willful or grossly negligent behavior will not be tolerated.

The award of damages in a Texas wrongful death claim is typically made by a jury. The jury allocates the damage award among the surviving family members in proportion to the injury they suffered as a result of the untimely death.

The Texas wrongful death statute can be found here.