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Eye Injuries & Blindness AccidentsWelcome to the Rodgers Law Firm
It is hard for a stranger to understand the full range of the physical and emotional harm felt by the victim when sight is injured or lost, ranging from fear and anxiety to frustration, depression, and anger.
The emotional impact of the loss of vision may be as devastating as the actual injury itself. The victims and their loved ones are forced to forever alter their daily home and work routines. Knowledge that the accident could have been easily avoided if the person at fault, the wrongdoer, had only been more careful magnifies the anger and frustration.
We at the Rodgers Law Firm in Fort Worth, Texas understand the devastation and losses caused by eye injuries. Victims often have no transportation, are unable to work due to the injury, have no health insurance or large savings to pay for medical care, and do not have the energy or know how to deal with the insurance company for the wrongdoer.
That's why we are here – to do everything we can to help our clients get the answers, the assistance, and the compensation that they are entitled to under the law.
We handle eye injury cases throughout the Metroplex, including Dallas, Fort Worth, Arlington, Denton, Burleson, Cleburne, Decatur, Weatherford, Haltom City, North Richland Hills, Richland Hills, Azle, Mineral Wells, Sherman, and Denison.
If you or someone close to you has suffered an eye injury caused by another person’s carelessness, contact us for a free, no obligation consultation. We will meet with you at our office or any location convenient to you.
In a free, no obligation consultation with us you may evaluate our capabilities to help you and other family members work through the legal, economic and emotional hurdles faced when a serious injury is suffered in an eye injury case.
The following pages of detailed legal information will give you insights into the depth of our capabilities in eye injury cases.
Example of Blindness Case Handled By Our Law Firm
DIY Chain Store Worker Blinded in Right Eye
Violation of OSHA Rules
Fort Worth, Texas
Our client was employed as a plumbing department specialist in a national do-it-yourself store with locations all over the U.S. In most company stores, pvc pipe was stored in a horizontal position by placing the pipe on top of brackets that were set into the storage bin walls. In his store, the pipe was stored upright, and bungee cords with u-shaped hooks on the ends were used to keep the pipes together to prevent them from falling over by hooking the ends of the bungee cords over metal rods stuck into the pipe bin walls.
OSHA regulations require that every employer must conduct a hazard survey to determine what hazards employees are subject to in that employer’s workplace. The employer must then determine what protective equipment each employee must use to protect against injury from that particular hazard and require that each employee actually use the protective equipment.
It had been known since at least the early 1990’s that bungee cords are a known hazard for causing eye injuries. Before our client’s injury, this particular employer had been sued three times by customers who had been injured by bungee cords striking their eyes.
OSHA studies made available to employers seven years before our client’s eye injury stated that “a significant portion of all workplace injuries involved workers being struck in the eyes by foreign objects.”
Our client’s employer did not require that workers using bungee cords wear eye protection, as required by OSHA safety regulations.
Discovery after suit was filed showed that our client’s employer did not begin training employees on the requirements of OSHA safety regulations until one year after our client was injured.
One workday the pvc pipe inventory needed to be restocked, so our client and another employee were assigned the task of unhooking the bungee cords, adding more pvc pipe to each vertical bundle, and then rehooking the bungee cords.
The coworker did not secure one end of a bungee cord properly just moments before the client came near that particular pvc bundle. The hook came loose, and the cord snapped back toward the client’s face. The hook struck his right eye and seriously injured it to the point that he was later determine to be legally blind in that eye.
Our eye expert, a neuro-opthalmologist, testified that the bungee cord blow caused four injuries to the right eye: (1) damage to the optic nerve, (2) loss of central vision in the eye, (3) loss of color sensation and (4) marked loss of brightness sensation. These injuries made him legally blind.
As an aid to the jury, the expert had a pair of eye goggles made that duplicated the loss of vision – anyone who put the eye goggles on experienced the same diminished vision in the right eye that our client had.
The case settled before trial. (MP390).
Overview of Eye Injury and Blindness Cases in Texas
Accidents injure the eyes of approximately 500,000 Americans each year, and many of these injuries are preventable. Eye injuries can occur in many ways.
Some eye injuries occur at work. Exposure to chemicals and being struck by loose objects or faulty equipment are the most common means by which a victim can lose the use of an eye, but there are a variety of situations and events that can lead to major ocular damage, and many of those are the result of improper safety practices and procedures employed by employers.
Eye injuries that result from foreign objects hitting the eye often happen at work. Bleaches, ammonia, and other strong chemicals are naturally hazardous to the eyes. Exposure to arc welders or strong UV light can damage the retina, which can cause limitations in visibility or, in some cases, total blindness.
Under OSHA rules, all employers are required to survey the workplace for dangerous conditions that could cause eye injuries. The employer must provide employees with proper eye protection, such as goggles or face shields, to guard against these hazards.
Some eye injuries occur in car wrecks. Certain car models are known to have airbag systems that, when deployed, cause eye injuries, including detached retinas, to the person hit in the face with the airbag.
Some injuries occur during cataract surgery. When performed carefully in accordance with the accepted standard of care the result is often remarkable vision improvement. When performed carelessly, the result can be a disaster. There are a number of cases in which major errors were committed during the course of cataract surgery leaving the patient with worse vision and no chance for further improvement.
Some eye injuries are caused by medical mistakes. The measurement of eye pressure inside the eye is part of a routine eye examination. Loss of sight can occur as a result of failure to monitor such eye pressure. Pressure measurements on a periodic basis are often required by the accepted standard of care for some medical conditions.
Failure to take accurate measurements often means a failure to treat with pressure-reducing medications. Patients with glaucoma, for example, must be monitored on a regular basis or permanent loss of sight may occur.
Some blindness is caused by poorly controlled diabetes. Diabetes is the leading cause of adult onset blindness in the United States, causing nearly 24,000 new cases of blindness per year. It is caused when high levels of blood sugar weaken tiny blood vessels in the eye, eventually causing them to bleed. This damages the retina, the part of the eye that receives light and sends images to the brain.
Some eye injuries are caused by LASIK eye surgery. This surgery involves reshaping the contour of the cornea with a LASER. It can return poor vision to 20/20. It can also cause such problems as rendering the patient incapable of driving at night; blindness resulting from macular blowout caused by pressure differential during surgery; and permanent visual impairments such as starbursts, ghosting, halos, haze, glare problems, and near distance depth perception difficulties.
Bad LASIK outcomes may also be caused by variations in the eye, such as large pupils, thin corneas, and significant astigmatism, for which the patient should not have been accepted as a LASIK candidate, or for which special accommodations should have been made during the operation, and were not. Other bad outcomes have been caused by equipment failures, failure to sterilize the equipment, corneal flaps resulting from poor techniques or equipment problems, and improperly performed surgery such as LASIK performed on the incorrect axis of astigmatism.
There have been several cases in which poor screening by the surgeons has led to disastrous results for patients. Most recently, doctors at an eye center failed to notice that a 32 year old banker had a degenerative corneal condition prior to the LASIK procedure, which made it particularly unsafe. Similarly, a United Airlines pilot suffered from “halos” and double vision after the procedure, thus ruining his ability to do his job.
Dangerous over-the-counter drugs can cause eye injuries. ReNu with Moistureloc contact lens solution has been associated with a serious fungal infection of the cornea, Fusarium Keratitis. These infections cause cause serious problems, such as diminished eyesight (increased astigmatism) or even result in the need for a corneal transplant.
Dangerous prescription drugs can cause eye injuries. At least two clinical studies have shown that Viagra (Sildenafil) has the potential to cause sudden blindness and/or loss of vision.
Cialis and Levitra have also been associated with blindness and loss of vision. The possible risk of blindness and/or loss of vision is from "non-arteritic ischemic optic neuropathy" (NAION), the subject of an FDA Alert in July 2005. This is a usually rare condition in which blood supply is reduced to the optic nerve causing permanent nerve damage. Although normally rare, researchers believe they have detected a cluster of cases of blindness from this cause in men who have taken Viagra. NAION causes a sudden loss of eyesight because blood flow is blocked to the optic nerve.
The New York Times reported in January 2007 that Genentech had posted a letter on its website warning eye specialists of its new eye drug Lucentis, which may increase the risk of stroke for those on Lucentis. Genentech found that patients taking their marketed dose of Lucentis were much more likely to suffer a stroke than patients taking a lower dose.
Traumatic Brain Injury (TBI) Can Cause Vision Problems
Trauma to the head which bruises or violently rotates the brain can cause a variety of visual problems, including:
Photophobia: excessive sensitivity to, and intolerance of, bright light.
Floaters: bright, moving specks of light.
Reduced peripheral vision: reduced ability to see objects to the side while looking ahead.
Visual field defects: blank spots in vision, causing victims to tilt their head so they can look around the blank spot.
Focusing defects (blurred vision): a lessening of the brain's capacity to "fuse" the two separate images coming through the optic nerve from each eye.
Gaze stabilization defects (nystagmus): the automatic reset movement of the eyes as the head is turned are off-track, causing an unstable, blurry-looking world.
Gaze shifting defects: the eyes are poor at tracking a moving object or re-orienting to a new object without turning the head.
Visual neglect: the victim stops processing visual information in a particular area of vision. He has no awareness of the missing area or "hole" in his field of vision. The testing doctor can stand in the "hole," and make all kinds of motions that get no response from the victim, who has no awareness of anything going on in that space in front of him.
Cognitive defects: the victim's capacity to recognize when he is looking in the right place and when not and then to take appropriate action is harmed. An example would be a sports spectator scanning the crowd to find the face of a friend who is holding a seat for him – he scans the crowd, rapidly switching his gaze from left to right, focusing on a group of people, studying them, then moving his gaze to another group, etc. until he finds his friend and the empty seat.
Closed head trauma causing "mild TBI" (minimal or no loss of consciousness) can injure the eye’s complex vision system in a way that results in vision problems yet there is no detectible mechanical damage to eye structures. The victim's eyes look fine. He can still read an eye chart. CT scans show no brain bleeding and MRI scans shown no swelling or compression.
This type of TBI victim frequently reports visual problems such as seeing objects appearing to move that are known to be stationary; seeing words and print run together; and experiencing intermittent blurring. Other symptoms are sometimes described as attempting to walk on a floor that appears tilted and having significant difficulties with balance and spatial orientation when in crowded, moving environments.
Victims reporting these symptoms to optometrists and ophthalmologists are often told that their problems are 'not in their eyes' and that their eyes appear to be healthy. In many instances they also experience anxiety with these symptoms and are referred to psychologists or psychiatrists to treat their anxiety.
The referral for psychological or psychiatric care is sometimes made based on a diagnosis of hysteria without recognizing that many of these individuals may be suffering from known syndromes affecting the visual process in the brain.
These syndromes are Post Trauma Vision Syndrome (PTVS) and Visual Midline Shift Syndrome (VMSS). Victims experiencing these visual syndromes often have healthy eyes and relatively normal visual acuity.
Symptoms of Post Trauma Vision Syndrome (PTVS):
Double vision
Headaches
Blurred vision
Dizziness or nausea
Light sensitivity
Attention or concentration difficulties
Staring behavior (low blink rate)
Spatial disorientation
Losing place when reading
Can’t find beginning of next line when reading
Comprehension problems when reading
Visual memory problems
Pulls away from objects when they are brought close to them
Eye turned outward or high tendency to turn out
Focusing insufficiency
Convergence insufficiency (inability to maintain proper binocular eye alignment on objects as they approach from distance to near)
Poor fixations (fixing vision on stationary object) and pursuits (following moving object)
Unstable peripheral vision
Associated neuromotor difficulties with balance, coordination and posture
Perceived movement of stationary objects
Symptoms of Visual Midline Shift Syndrome (MVSS):
Dizziness or nausea
Spatial disorientation
Consistently stays to one side of hallway or room
Bumps into objects when walking
Poor walking or posture: leans back on heels, forward, or to one side when walking, standing or seated in a chair
Perception of the floor being tilted
Associated neuromotor difficulties with balance, coordination and posture
The Neuro-Optometric Rehabilitation Association, International (NORA) is the international association whose members are committed to treatments for PTVS and MVSS. The NORA website, http://www.nora.cc/index.html, lists members in Texas and other states.
Losing the Right to Make the Claim
You must file your Texas eye injury suit within a certain time period or else you will lose your right to pursue your claim. In many such liability suits, the suit must be filed within two years from the date of the accident.
Simply contacting the business responsible for the premises where the accident occurred or contacting the businesses’ insurance company about the accident is not enough to stop the running of the limitations period.
Medical and other health care malpractice cases are governed by a different limitations procedure that may be shorter than two years from the date the injury is discovered. Certain exceptions do exist in unique circumstances, but they require the analysis of a qualified attorney to determine if they are applicable.
Cases involving federal and state governmental entities as defendants are governed by a different limitations procedures and periods. Claims against federal government entities are controlled by the Federal Tort Claims Act, which provides:
“A tort claim against the United States shall be forever barred unless it is presented in writing to the appropriate Federal agency within two years after such claim accrues or unless action is begun six months after the date of mailing, by certified or registered mail, of notice of final denial of the claim by the agency to which it was presented.”
Texas governmental entities are controlled by the Texas Tort Claims Act. The claim procedures in this Act must be followed. It requires that written notice, often using mandatory forms supplied by the agency involved, be given to the agency against whom the claim is being made within time periods shorter than a year after the accident, often as short as six months. Certain exceptions do exist in unique circumstances, but they require the analysis of a qualified attorney to determine if they are applicable.
There are other reasons to act quickly. Key witnesses may disappear, witnesses’ memories may fade, and vital documents may be lost. Sometimes it takes months of investigation to determine who the true defendants are that are legally responsible for the accident. It is crucially important that you do not delay in consulting with an attorney.
Contact us for a free no-obligation consultation as soon as possible to ensure that you retain your right to pursue your claim.
Contact Us for a Second Opinion If Another Attorney Has Declined To Represent You
Attorneys regularly decide whether the case that they are reviewing does or does not meet all the requirements to be a viable, sound case. Making this determination is not an exact science. Based on different experiences and analytic abilities, one attorney may turn down the opportunity to represent a client and another attorney may decide to take the case.
The second reviewing attorney saw something the first reviewing attorney may have overlooked. The first attorney may have decided that liability was not clear, that the damages were not large enough, that there was not available insurance coverage or other sources to pay the money damages, or that there were other problems in seeking a recovery.
We would welcome the opportunity to review your eye injury claim even if another attorney has turned the case down. There is no charge or obligation for our review.
You may contact us at the following phone numbers at any time:
Office: toll free: 1-866-560-1075
local: 817-717-4080
Copyright 1994 - 2007 Clifford B. Rodgers.
Last Modified July 6, 2007.
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