The Baez Law Firm | San Antonio Lawyers and Attorneys

The Baez Law Firm | San Antonio Lawyers and Attorneys
San Antonio Lawyers and Attorneys

Thursday, November 22, 2007

Thanksgiving day!

The Pilgrims left Plymouth, England, on September 6, 1620. Their destination? The New World. Although filled with uncertainty and peril, it offered both civil and religious liberty.For over two months, the 102 passengers braved the harsh elements of a vast storm-tossed sea. Finally, with firm purpose and a reliance on Divine Providence, the cry of "Land!" was heard.
Arriving in Massachusetts in late November, the Pilgrims sought a suitable landing place. On December 11, just before disembarking at Plymouth Rock, they signed the "Mayflower Compact" - America's first document of civil government and the first to introduce self-government.

After a prayer service, the Pilgrims began building hasty shelters. However, unprepared for the starvation and sickness of a harsh New England winter, nearly half died before spring. Yet, persevering in prayer, and assisted by helpful Indians, they reaped a bountiful harvest the following summer.The grateful Pilgrims then declared a three-day feast, starting on December 13, 1621, to thank God and to celebrate with their Indian friends. While this was not the first Thanksgiving in America (thanksgiving services were held in Virginia as early as 1607), it was America's first Thanksgiving Festival.

Pilgrim Edward Winslow described the Pilgrims' Thanksgiving in these words:
"Our harvest being gotten in, our Governor sent four men on fowling [bird hunting] so that we might, after a special manner, rejoice together after we had gathered the fruit of our labors. They four in one day killed as much fowl as... served the company almost a week... Many of the Indians [came] amongst us and... their greatest King, Massasoit, with some ninety men, whom for three days we entertained and feasted; and they went out and killed five deer, which they brought... And although it be not always so plentiful as it was at this time with us, yet BY THE GOODNESS OF GOD WE ARE... FAR FROM WANT." In 1789, following a proclamation issued by President George Washington, America celebrated its first Day of Thanksgiving to God under its new constitution. That same year, the Protestant Episcopal Church, of which President Washington was a member, announced that the first Thursday in November would become its regular day for giving thanks, "unless another day be appointed by the civil authorities." Yet, despite these early national proclamations, official Thanksgiving observances usually occurred only at the State level.

Much of the credit for the adoption of a later ANNUAL national Thanksgiving Day may be attributed to Mrs. Sarah Joseph Hale, the editor of Godey's Lady's Book. For thirty years, she promoted the idea of a national Thanksgiving Day, contacting President after President until President Abraham Lincoln responded in 1863 by setting aside the last Thursday of November as a national Day of Thanksgiving. Over the next seventy-five years, Presidents followed Lincoln's precedent, annually declaring a national Thanksgiving Day.

Then, in 1941, Congress permanently established the fourth Thursday of each November as a national holiday.Lincoln's original 1863 Thanksgiving Proclamation came - spiritually speaking - at a pivotal point in his life. During the first week of July of that year, the Battle of Gettysburg occurred, resulting in the loss of some 60,000 American lives. Four months later in November, Lincoln delivered his famous "Gettsysburg Address." It was while Lincoln was walking among the thousands of graves there at Gettysburg that he committed his life to Christ.

As he explained to a friend: When I left Springfield [to assume the Presidency] I asked the people to pray for me. I was not a Christian. When I buried my son, the severest trial of my life, I was not a Christian. But when I went to Gettysburg and saw the graves of thousands of our soldiers, I then and there consecrated myself to Christ.

As Americans celebrate Thanksgiving each year, we hope they will retain the original gratefulness to God displayed by the Pilgrims and many other founding fathers , and remember that it is to those early and courageous Pilgrims that they owe not only the traditional Thanksgiving holiday but also the concepts of self-government, the "hard-work" ethic, self-reliant communities, and devout religious faith.

We care about your legal needs! We wish you all happy thanksgiving. http://www.thebaezlawfirm.com

Saturday, November 17, 2007

Train hits man on tracks in Fort Worth, killing him

Associated Press-A man died after he was hit by a train Friday evening in Fort Worth. His name was not released, pending notification of relatives.

The accident happened shortly before 5 p.m. Friday in the 900 block of South Ayers Avenue, police said. The man was sitting on the railroad tracks as the train approached, police said.

The man stood up and walked east on the tracks. The Union Pacific train could not stop in time and struck and killed him.

We care about your legal needs! If your loved one has been hit by a train, call us at (210) 979-9777 or visit our website http://www.thebaezlawfirm.com

Friday, November 16, 2007

Off-duty deputy strikes and kills 2 women with car

CONROE (AP)— Two young women trying to cross Interstate 45 after their car crashed into a median early Tuesday were struck and killed by a Montgomery County sheriff's deputy on his way home.Kelsey Vogel, 20, of Panorama Village, and Danielle Irvin, 20, of Willis, likely were on their way home, too, when they were hit just north of FM 3083, family members said. The women died at the scene.

"At this point, there is nothing to indicate that the accident could have been avoided, " Conroe police Sgt. Bob Berry said. ''It was dark and the women were in the middle of the road."
Montgomery County Sheriff's Deputy Alan Hunter, whose patrol car struck the women shortly after 2 a.m., was taken to Conroe Regional Medical Center, where he was treated for minor injuries and released, sheriff's spokesman Lt. Dan Norris said.

According to investigators, the women were northbound in the 3200 block of I-45 when Vogel's Ford Escape crashed into a concrete median.A witness told police that the women had passed him at a high rate of speed shortly before their car hit the median. The witness, whose name was not released, called Conroe police for help.

Berry said the two women got out of the car and began walking south along the median before attempting to cross the northbound lanes of the highway. They were in the middle of the road when they were struck by Hunter's car.The eight-year veteran deputy was on his way home from work and was not responding to the call, Norris said. Hunter, 40, of Huntsville, had turned off his computer and radio, authorities said.

Have you been injured in an accident, come visit us http://www.thebaezlawfirm.com because we care about your legal needs!

Thursday, November 15, 2007

Another police officer accused of sexual misconduct

Associated Press-A San Antonio police officer is under a criminal and an internal investigation after a woman claimed he forced her to perform sexual acts and sexually assaulted her, a police spokesman said.

Sgt. Gabe Trevino said the woman, whose name and age he did not release, alleged she was "contacted" by a uniformed, on-duty police officer on Sunday morning. After the officer allegedly assaulted the woman, she went to a local hospital and called police. The woman later identified the suspected officer, Trevino said.

The officer, whose name was not released because he hasn't been charged, was placed on administrative leave pending the outcome of a criminal and internal investigation, Trevino said.

Have you been assaulted by a police offices, if so give us a call (210) 979-9777 or visit our website http://www.thebaezlawfirm.com because we care about your legal needs!

Tuesday, November 13, 2007

Herbal sex pills pose hidden dangers

Associated Press-Many of the pills marketed as safe herbal alternatives to Viagra and other prescription sex medications pose a hidden danger: For men on common heart and blood-pressure drugs, popping one could lead to a stroke, or even death. "All-natural" products with names like Stamina-RX and Vigor-25 promise an apothecary's delight of rare Asian ingredients, but many work because they contain unregulated versions of the very pharmaceuticals they are supposed to replace.

That dirty secret represents a special danger for the millions of men who take nitrates – drugs prescribed to lower blood pressure and regulate heart disease. When mixed, nitrates and impotency pharmaceuticals can slow blood flow catastrophically, leading to a heart attack or stroke. An Associated Press investigation shows that spiked herbal impotency pills are emerging as a major public health concern that officials haven't figured out how to track, much less tame.
Emergency rooms and poison control hot lines are starting to log more incidents of the long-ignored phenomenon. Sales of "natural sexual enhancers" are booming – rising to nearly $400 million last year. And dangerous knockoffs abound.

At greatest risk are the estimated 5.5 million American men who take nitrates – generally older and more likely to need help with erectile dysfunction. The all-natural message can be appealing to such men, warned by their doctors and ubiquitous TV commercials not to take Viagra, Cialis or Levitra.

We care about your legal needs. Have a case concerning medications, visit us at http://www.thebaezlawfirm.com We can help!

Saturday, November 10, 2007

Problem with parachute during jump likely led to employee's death

(AP) Houston-An employee of a popular skydiving facility in Brazoria County was found dead Friday afternoon, apparently killed after his parachute malfunctioned during a jump earlier this week.

Scott Bell jumped alone in the last jump Wednesday but wasn't noticed as missing because he is the person who checks people in before they jump and accounts for them after they jump, said Houston attorney Lee McMillian, the legal adviser for Skydive Spaceland in Rosharon.
When the 35-year-old didn't return to the hangar Wednesday night, people assumed he had simply walked home. Bell lived in a trailer on the facility property.

When Bell didn't return to the facility for a staff meeting Thursday morning, other employees were concerned but thought he had gone to a girlfriend's house and simply missed the meeting, McMillian said.On Friday, a pilot noticed what looked like a parachute in tall grass about 200 yards beyond the facility's drop zone, McMillian said.

A Brazoria County deputy and employees of the facility found Bell's body in an area south of the zone.Preliminary indications are that Bell's main parachute failed and he deployed his reserve parachute too late, McMillian said, adding that the incident is being treated as an accident.
Bell's body was taken to the Galveston County Medical Examiner's Office.
The Federal Aviation Administration is investigating the incident, said agency spokesman Roland Herwig.

The agency regulates both the equipment and procedures of skydiving establishments, requiring that the reserve parachute be inspected and repacked every 120 days by an FAA-certified parachute rigger.Herwig was unsure when the parachutes at Skydive Spaceland were last inspected.

McMillian said Bell's equipment was last inspected in August.Bell's death is the first fatality at the facility, which opened in 1999, McMillian said.Bell joined Skydive Spaceland this spring, moving to Texas from Arizona, said employee Heather Robbins.Bell first lived in a tent on the facility grounds, Robbins said, then moved into a trailer when one became available.

McMillian said several mobile homes, as well as travel trailers, are on the facility grounds.
It's not uncommon, he said, for a skydiver to jump and land in front of his home.
Though at the facility for a short time, Bell was considered very popular, McMillian said. He described Bell as an experienced jumper, with 109 jumps under his belt.

"Everybody out here is pretty upset," said McMillian, himself a pilot and skydiver.
Robbins said Bell usually jumped about three to four times a month.
"Don't plan on being a part of this sport unless you're planning to lose someone you love," said Robbins, "and probably see it up front."

We care about your legal needs, have your love one been involved in a parachute accident, visit us at http://www.thebaezlawfirm.com

Wednesday, November 7, 2007

Pit bull kills 11-year-old Killeen boy

KILLEEN (AP) — An 11-year-old boy has died after being bitten on the neck by his family's pit bull, police said.

The Killeen Police Department said the dog jumped from the couch at Seth Lovitt when the boy was running through his home with his little brother Tuesday evening. The dog knocked Seth to the ground and bit him.

Seth's grandmother and mother restrained the dog and called 911. Seth was pronounced dead about two hours later at Darnall Army Medical Center, police said.

We will conduct a search to determine the amount of death by dogs in Texas this year.

According to sources, the dog has been quarantined, not put to death.

Have you been bitten by a dog, contact The Báez Law Firm so that we can review your case. We care about your legal needs. http://www.thebaezlawfirm.com

Tuesday, November 6, 2007

Panel: Give FDA Power To Order Recalls

WASHINGTON (AP) - An advisory panel will recommend to President Bush today that the Food and Drug Administration be empowered to order mandatory recalls of products deemed a risk to consumers, an administration official said Monday.The panel was created in response to concerns about recalls of dangerous toothpaste, dog food and toys. Currently, the FDA lacks the authority to order a recall of products when problems arise, and must work with producers on voluntary recalls. The new proposal would give the agency far more clout.The panel also will urge increasing the presence of U.S. inspectors from Customs, the Border Patrol, the Consumer Product Safety Commission and other agencies in countries that are major exporters to the United States.

The official said that the commission would have greater recall authority, including the ability to stop products from entering the commerce stream - before unsafe or unreliable products end up on the shelves. He did not elaborate.The official said the proposals would strengthen the commission's authority by making it illegal for firms to knowingly sell a recalled product; by authorizing the panel to issue follow-up recall announcements; and by requiring recalling companies to report supplier and delivery information. Further, the commission would be able to impose asset forfeiture penalties for criminal offenses.A third recommendation calls for establishing a certification program - likened to a seal of approval - for companies with a proven track record of meeting safety standards.

The administration sees that as a powerful tool because it presumably would make certified suppliers more attractive to large retailers.In addition, regulators would be able to concentrate on countries and companies that do not have a reputation for meeting certification standards.Bush will receive the recommendations today from the advisory commission established in July to study import safety. The panel was led by Health and Human Services Secretary Mike Leavitt.Details of the commission's recommendations were disclosed by an administration official, speaking on condition of anonymity.The FDA oversees the regulation of more than $1 trillion annually of food, drugs, cosmetics and other products.

Have you been injured by a defective drug, please contact us to evaluate your case. http://www.thebaezlawfirm.com We care about your legal needs!

Saturday, November 3, 2007

Finding the cure for spinal cord injuries

Latin pop diva Gloria Estefan and former Citadel linebacker Marc Buoniconti have each suffered paralyzing injuries.Estefan escaped from a near-fatal bus accident in 1990 with a broken back. After months of grueling Physical Therapy and surgery, she returned to the stage and studio, winning Grammy Awards and numerous other accolades.

Buoniconti wasn't so lucky. In 1985, he was hoping to follow in the footsteps of his father, NFL Hall of Fame linebacker Nick Buoniconti, when his life was changed."I made a tackle," Marc Buoniconti said, "and the next thing I know, I fell to the turf like a ton of bricks. ... I knew right away that I was paralyzed."Buoniconti's neck had been broken and his spinal cord severed -- leaving him a quadriplegic. He was given no hope of walking again.For the Buoniconti family, the grim prognosis was a call to battle.

The Buonicontis, Green and two other families experiencing spinal cord injuries started The Miami Project to Cure Paralysis.With the help of Estefan and others, the project has become the world's largest, most comprehensive research center dedicated to finding a cure for spinal cord injuries and a model for other institutions developing centers for spinal cord injury research, according to its Web site.

Last year, the Gloria Estefan Foundation announced a $1 million gift to help establish human clinical trials at The Miami Project.Estefan serves on the board of directors of The Buoniconti Fund to Cure Paralysis, the national fundraising arm of The Miami Project, and as chairperson for a capital campaign that raised $40 million to build the Lois Pope LIFE Center at the University of Miami -- Estefan's alma mater. The center, which opened in 2000, is home to The Miami Project.

"Having experienced paralysis firsthand ... I feel especially fortunate to have had a positive outcome despite a very negative prognosis," Estefan said in making the gift, according to the project's Web site. Watch Estefan and Marc Buoniconti discuss the project ."I vowed that I would do whatever was in my power to assist those already on their way to finding a cure. I urge anyone that is in a position to help, to join us in taking on this challenge knowing that we are closer than ever to a cure and to helping those that live in wheelchairs get on their feet."

It is estimated that 2.5 million people worldwide are paralyzed because of spinal cord injury, with thousands of new cases occurring each year, according to the International Campaign for Cures of Spinal Cord Injury Paralysis.For Buoniconti, the first year after his injury was a battle to liberate himself from a respirator and breathe on his own. Then he had to adapt to a breath-controlled wheelchair that would give him mobility.

Buoniconti, 41, never lost hope, and continued to fight for his own Rehabilitation and those of thousands of others through his work as the official ambassador for The Miami Project.
"I interact with patients and doctors and donors ... putting together events ... and making those important phone calls," he said. "There's not a week that goes by that I don't hear from families of ... someone who's been paralyzed ... and they have nowhere to turn except for The Miami Project."His determination to find a cure has made him a hero in Estefan's eyes."His spirit is what really draws me to him because he has a purpose. He gets up every day and works hard," she said, "and he doesn't allow anything negative to bring him down."

According to The Miami Project, Buoniconti's efforts have helped raise more than $250 million.
"I think we are going to see a cure thanks to the efforts ... of Marc and his family," Estefan said. Marc "took the bull by the horns and he really has made a difference."

If you have suffered a spinal cord injury as a result of some ones negligence, contact us http://www.thebaezlawfirm.com because "we care about your legal needs."

Thursday, November 1, 2007

More Doctors in Texas after Malpractice Caps

In Texas, it can be a long wait for a doctor: up to six months. That is not for an appointment. That is the time it can take the Texas Medical Board to process applications to practice.

Four years after Texas voters approved a constitutional amendment limiting awards in medical malpractice lawsuits, doctors are responding as supporters predicted, arriving from all parts of the country to swell the ranks of specialists at Texas hospitals and bring professional health care to some long-under served rural areas.

The influx, raising the state’s abysmally low ranking in physicians per capita, has flooded the medical board’s offices in Austin with applications for licenses, close to 2,500 at last count.
“It was hard to believe at first; we thought it was a spike,” said Dr. Donald W. Patrick, executive director of the medical board and a neurosurgeon and lawyer. But Dr. Patrick said the trend — licenses up 18 percent since 2003, when the damage caps were enacted — has held, with an even sharper jump of 30 percent in the last fiscal year, compared with the year before.

“Doctors are coming to Texas because they sense a friendlier malpractice climate,” he said.
Some experts say the picture may be more complicated and less positive. They question how big a role the cap on malpractice awards has played, arguing that awards in malpractice lawsuits showed little increase in the 12 years before the law changed.

And some critics, including liability lawyers, question whether the changes have left patients more vulnerable. With doctors facing reduced malpractice exposure, they say, many have cut back on their insurance, making it harder for plaintiffs to collect damages. Moreover, the critics say that some rural areas have fewer doctors than before.

The measure changing Texas’ malpractice landscape, Proposition 12, was narrowly approved in a constitutional referendum on Sept. 12, 2003. It barred the courts from interfering in limits set by the Legislature on medical malpractice recoveries. For pain and suffering, so-called non economic damage, patients can sue a doctor and, in unusual cases, up to two health care institutions for no more than $250,000 each, under limits adopted by the Legislature. Plaintiffs can still recover economic losses, like the cost of continuing medical care or lost income, but the amount they can win was capped at $1.6 million in death cases.

All but 15 states have adopted some limits on medical damage awards, according to the National Conference of State Legislatures. But the restrictions in Texas go further than in many states, where the limits are often twice as high as they are here.“Other states have passed tort reform, but Texas implemented big changes all at once,” said Lisa Robin, a vice president for government relations at the Federation of State Medical Boards, a national umbrella group based in Dallas.

Some experts say that the lack of a state income tax, combined with what William M. Sage, a law professor at the University of Texas in Austin, called a “relatively rapid transition in its tort reputation as a plaintiff-friendly state,” has contributed to the state’s appeal to doctors.Dr. Timothy George, 47, a pediatric neurosurgeon, credits the measure in part with attracting him and his sought-after specialty last year to Austin from North Carolina. “Texas made it easier to practice and easier to take care of complex patients,” he said.

The increase in doctors — double the rate of the population increase — has raised the state’s ranking in physicians per capita to 42nd in 2005 from 48th in 2001, according to the American Medical Association. It is most likely considerably higher now, according to the medical association, which takes two years to compile the standings. Still, the latest figures show Texas with 194 patient-care physicians per 100,000 population, far below the District of Columbia, which led the nation with 659.

The Texas Medical Board reports licensing 10,878 new physicians since 2003, up from 8,391 in the prior four years. It issued a record 980 medical licenses at its last meeting in August, raising the number of doctors in Texas to 44,752, with a backlog of nearly 2,500 applications.
Of those awaiting processing, the largest number, after Texas, come from New York (145), followed by California (118) and Florida (100).

In some medical specialties, the gains have been especially striking, said Jon Opelt, executive director of the Texas Alliance for Patient Access, a medical advocacy group: 186 obstetricians, 156 orthopedic surgeons and 26 neurosurgeons.Adding to the state’s allure for doctors, Mr. Opelt said, was an average 21.3 percent drop in malpractice insurance premiums, not counting rebates for renewal.

In the mean time, patients are suffering more and more by their doctors and attorneys have their hands tight since the cap on damages. The time has come Texans to go back to the polls and do the right thing...

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