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Colin Holst, 4 Remembered After his Tragic Drowning at Life Time Fitness

Jesse Guerra — Mon, 16 Jun 2008 17:21:16 GMT

According to an article in the Austin American Statesman, "Colin Holst might have been only 4 years old, but he could run like the wind." Words by his father described him as having the endurance of an olympic athlete.

Colin was pulled out of the pool at Life Time Fitness by Life Time lifeguards and was given CPR on friday June 13, 2008. Unfortunately, he passed away Saturday at Dell Children's Medical Center in Austin, Texas.

He had just graduated from pre-kindergarten at the Primrose School of Bee Cave. His father said he loved to play soccer and go to the beach and playing in the water. Our prayers go out to his family at this tragic time especially as this occurred father's day weekend.

Questions remain? What were the lifeguards on duty doing at the time Colin needed help?

The pertinent lifeguard rules are as follows; 1. 30 Second Rule-The Lifeguard surveys one extreme of his/her zone of responsibility to the other and back within a total of thirty seconds; 2. 10/20 Rule- Once the lifeguard identifies a potential incident (i.e. victim, hazard, risk), he/she must determine within ten seconds whether or not intervention is needed or required. If required, the lifeguard must be positioned in order to intervene within twenty seconds; and 3. 10x10 Reaction rule-The lifeguard must be able to intervene within ten seconds.

It's often the case that lifeguards on duty are often distracted by other people around the pool and are not actively following the rules they were trained to follow. We have all witnessed lifeguards talking to swimmers and others by the lifeguard stand.

No other information was released surrounding the immediate circumstances leading up to this tragic event at this time at Life Time Fitness.

We are left only with words from Colin's father, Jeffrey, "For the short time he was here, he impacted so many people, it's unbelievable, he's my hero."

Originally posted at InjuryBoard by Jesse Guerra

Texas Safety Lawyer Responds to Questions about Colin Holst Drowning on Safety Blog Spot

Jesse Guerra — Tue, 17 Jun 2008 21:27:12 GMT

I would first like to reiterate my sympathies for this family at this tragic time. As a parent of four children, I myself am fully aware of the risks that are present each day they leave the house.
However, my feelings remain unchanged regarding pool safety and the responsibility lifeguards have when they take that type of job and pool operators have towards users of their pools.

To blame a parent for the loss of their child at a facility that offers lifeguards and that users pay a fee for is absurd. Some things should be included in the price of admission and safe environments are one of them.

You cannot just have lifeguards acting as warm bodies. Lifeguards are taught and trained to look for hazardous situations more than the average swimmer. Yes, we as parents have a duty to watch our kids too. However, the rules set out in the Texas Department of Health and Safety Standards for Pools and Spas clearly point out rules limiting the number of bathers or swimmers in a pool at one time.
These rules should be enforced and the number of people should be limited to safe numbers so that lifeguards can effectively do their jobs. This is a job for the pool staff, NOT parents.

If the pool is designed in a way that lures children in to a shallow area and then gets them to a deep area without safety measures such as line markings and floating ropes that should raise a flag. Again, these rules are part of the State of Texas Guidelines and must be followed by Pool Staff NOT parents.

The people that responded to my blog should make their concerns in writing to Life Time Fitness so they are fully aware of the dangers their pool may have. If lifeguards are not paying attention and not doing their job, they ned to know about it ASAP.

If the comment that a reader from the Austin American Statesman blog is true that this is not the first drowning for that company, then questions need to be answered as to how this happened again and what measures were taken to prevent this.

Life vest are great if used properly and with supervision, they are never a save all.
The rules are in place so that if a child gets away from a parent which can happen, safeguards take over to save a child from harm's way. Thats why we have guidelines like water clarity because if a child is at the bottom of the pool that child can be saved and thats why we need well trained and responsible lifeguards to step in when they are needed and save the day.

Unfortunately, that did not happen in this case. One thing that has happened is people are talking about pool safety and that may help save a life.

Thank you all for your responses and posts.

Please stay tuned for more information as it develops and be on the look out for pool safety posts from my blog page.

Originally posted at InjuryBoard by Jesse Guerra

One Baby Dies at Christus Spohn South Neonatal Intensive Care Unit

Bob Hilliard — Wed, 09 Jul 2008 11:18:22 GMT

CNN News has reported that Christus Spohn Hospital in Corpus Christi, Texas has confirmed the death of a seven day old baby in their neonatal intensive care unit yesterday morning .

The infant was one of seventeen infants that may have received overdoses of the controversial drug Heparin . A drug widely used to flush intravenous lines at hospitals. Other news reports indicate that the infants who were given the drug may have received a dosage 100 times higher than normal.

In a press conference yesterday, hospital officials confirmed that a mistake did take place in the pharmacy resulting in a higher dosage being mixed before the drug was administered.

Up to seventeen infants in the neonatal unit may have been affected by the overdoses. One baby is still critical according to Dr. Richard Davis, chief medical officer, for Christus Spohn Health System.

Infant overdoses from Heparin received national media attention when actor Dennis Quaid's children were given Heparin overdoses in November of last year.

While the hospital has apologized for the mix up yesterday, the fear of liability is running rampant across the hospital. In an effort to spin the story, hospital officials were quick to point out that all these babies in the neonatal unit were seriously ill, possibly implying that the deceased infant's health, may have played a role in the death.

Preemies are the most fragile of newborns. Delicate pieces of irreplaceable crystal that need the utmost careful attention who face uphill medical issues due to being born premature. These tiny angels and their parents trust those who are responsible for their medical care. To knowingly overdose an infant is unforgivable. There can be no errors, either by the hospital or the drug manufacturer when it comes to treating babies.

Originally posted at InjuryBoard by Bob Hilliard

Eric Saldana of New Mexico drowns at Wet 'n Wild Water Park

Jesse Guerra — Mon, 18 May 2009 15:54:56 GMT

According to news reports, 14-year old Eric Saldana of Chaparral New Mexico drowned at the Wet 'n Wild pool last Friday during a school field trip. Park officials said that the park was equipped with lifeguards that day.

He was found at the bottom of the volcano pool just inside the park www.kvia.com/Global/story.asp. Accounts of the event were being given by witnesses and lifeguards from the facility. My questions that need to be answered were what were the lifeguards doing and was the park overcrowded with too many students. There were several schools there that day for field trips.

If you have a weak swimmer that gets into trouble, the lifeguards should begin to take action immediately to save that individuals life. How long was he under before he was found? Another question that should be answered by all. I hope the family finds answers to what went wrong at that once again the importance of swimming pool safety and design is brought to light. For more information about lifeguards and pool issues you can visit our site at www.swimmingpoolaccidentlawyer.com.

As a swimming pool safety lawyer these cases are what we work on daily. It is important that the people involved be truthful and forthcoming with any and all information for the benefit of finding out how this tragedy could have happened with lifeguards on staff and chaperones watching the kids. It has similar facts to another tragic case out of Port Aransas, Texas involving a resort and students on a band trip that our firm was involved in.

Other questions that may follow may be who planned the trip? Was a tour guide used? What was the history of the water park and has this happened there before? Was there adequate staffing? What about the volcano pool? Was it designed in such a way that it prevented him from being seen? What was the clarity of the water and did it prevent him from being seen or rescued for some time? All this should be examined during the investigation by authorities and may help solve this case.

In the end the truth of what took place will surface. My prayers go out to the family and all the students who witnessed this horrible tragedy.

Originally posted at InjuryBoard by Jesse Guerra

State School Fight Club Videos Released

Reynaldo Pena — Tue, 12 May 2009 16:49:12 GMT

Four of the many videos depicting mentally disabled persons being forced to engage in brutal fighting matches at the Corpus Christi State School have been released. Our firm has filed suit against the Department of Aging and Disability Services on behalf of a mentally disabled individual who was brutalized in the same fashion on many occasions, and we were able to secure the release of the four videos already made public in the criminal case of one of the alleged perpetrators who worked at the state school.

The State of Texas, through the Attorney General's Office, now seeks to prevent the videos from being seen by anyone. The State argues that irreparable harm will result if theses videos are seen by the public. I wonder if the irreparable harm the State speaks of is the harm the videos will do to their own rear-end. Suddenly, after all the terror, brutalization, and humiliation the State has allowed to occur at its own school, the State now wants to protect its residents by not allowing other people to know what happened to them. It seems clear that the State is desperate to keep what has occurred in their own school for mentally disabled Texas residents in the dark corners of that same school, and out of sight and out of mind from the rest of society. This is SHAMEFUL!

While the videos are very disturbing to watch, it is important that the public see with their own eyes what goes on in these state run institutions, and hopefully with some publicity there will be more awareness of problems that need to be addressed, and change for the better.

Originally posted at InjuryBoard by Reynaldo Pena

Texas Safety Lawyer Discusses Importance Of Water Clarity In Pools

Jesse Guerra — Thu, 25 Jun 2009 14:30:33 GMT

The #1 Safety Rule for all pools is water clarity:

Water clarity is important for several reasons:

1. So that someone at the bottom of the pool can be seen allowing immediate rescue to that individual.

2. Water clarity is also important because it reveals objects or structural objects such as pool steps, ladder’s, and drains.

3. Water clarity is important for pool users because is provides clear visibility for swimmers preventing physical injury from other objects and swimmers.

The water clarity standard for the State of Texas is all follows:

Texas Department of Health Standards for Swimming Pools and Spas, Section 265.203(b)

Water Clarity standards for post - 10/01/99 and pre- 10/01/99 pools and spas. Areas of a post 10/01/99 or pre - 10/01/99 pool or spa shall be opened for use only if the pool or spa bottom and/or main drains are clearly visible. Possible visual occlusion by sediment or other matter shall be checked before opening a pool and periodically, as necessary, while the pool is in use. To check the pool or spa when in use, bathers shall exit and the pool or spa water shall be allowed to calm.

Clarity shall be observed between 1 to 5 minutes after users have exited. The pool or spa shall be opened for use only if the bottom and/or main drains are clearly visible. Sediment or other matter that may cause visual occlusion shall be vacuumed, filtered or otherwise removed as needed prior to pool use.

Therefore, if you own or operate a pool. Always check water clarity before allowing swimmers to use the pool to ensure a safe swimming experience for all.

Originally posted at InjuryBoard by Jesse Guerra

Family Settles Law Suit against Port Royal Ocean Resort

Jesse Guerra — Thu, 04 Dec 2008 18:20:39 GMT

On December 02, the Bailey family settled a law suit that was pending in Nueces County for the wrongful death drowning of their deceased daughter, Toynelle Bailey, against Port Royal Ocean Resort in Port Aransas Texas. The terms of the settlement were confidential. The other defendant in the case, Tour-Rific of Texas, a company that planned the high school band trip that Toynelle participated in and reason why she was there, was kept in the law suit as lawyers for both sides declined to settle that part of the case.

In their suit the Baileys alleged that Port Royal was negligent of their swimming pool maintenance and failed to hire lifeguards which resulted in Toynelle's drowning at the resort. Toynelle was visiting the resort while on a trip with her high school band, The Mighty Eagle Band, who was scheduled to play in the Buc Day's Parade on May 05, 2008.

In the settlement the Baileys agreed to release all claims against Port Royal in return for a confidential settlement. Port Royal did not acknowledge that they were in fact negligent as a result of the settlement. Attorneys for the family, Robert C. Hilliard and Jesse E. Guerra Jr. of the law firm Hilliard and Munoz LLP, a firm that specializes in swimming pool drowning cases also have a pending suit against the resort for the drowning of four year old, Miles Tafolla, who drowned at the resort in June of 2006.

Originally posted at InjuryBoard by Jesse Guerra

Texas Infant Dies after Heparin Overdose at Spohn South Hospital

Bob Hilliard — Tue, 08 Jul 2008 18:52:39 GMT

In a press conference earlier this evening, Spohn CEO Bruce Holstein acknowledged " something went terribly wrong".

Breaking news by local TV station KIII confirmed that one of the 14 infants who was overdosed with the controversial drug Heparin this July 4th Weekend was pronounced dead this morning at Christus Spohn South Hospital in Corpus Christi, Texas. The death may likely have been caused due to a higher than normal dosage of the drug Heparin being administered to the infant this past weekend.

Heparin is widely used to flush intravenous lines to prevent blood clots from forming. Side effects have been uncontrolled bleeding and bruising on the body.

Spohn CEO, Holstein, admitted that a pharmacy mixing error may have been to blame for the death of the seven day old infant. The mixing process took place on July 3rd and the doses were administered to the 14 infants on July 4th. As of Sunday evening Spohn officials began investigating what went wrong. As of yesterday all the infants given the overdose were being closely monitored.

However, this morning news spread of the fatal infant's overdose by the hands of Spohn's medical staff. Heparin has received national media attention after numerous deaths were reported as a result of the drug's use. Eleven other infants at Spohn are being closely monitored by Spohn after receiving overdoses this past weekend.

This is truly a tragedy that could have been prevented had the proper standard of care been taken and proper dosage administered.

Holstein maintained at the press conference that Spohn is keeping close ties with the families that have been affected by the overdose of the drug. I have no doubt they will continue those efforts for fear of the liability and risk they have brought on themselves as a result of their pharmacy mishap.

It's important for families to know that hospital officials reaching out to them are doing their best to limit the legal exposure to Spohn while aiding and courting families during these tragic times.

Originally posted at InjuryBoard by Bob Hilliard

Texas Commercial Vehicle Accident Attorney Discusses Tragedy near Beeville

Reynaldo Pena — Fri, 20 Nov 2009 11:29:34 GMT

There has recently been another horrible tragedy on our Texas highways. This time, a beautiful 4 year old boy named Luca Moya was killed, and his mother, Emika Moya, was seriously injured. Emika, a school teacher in Goliad, Texas, was driving through dense fog when her car was hit head-on by an 18 wheeler that had crossed over into her lane. Emika never had a chance, and neither did little Luca.

It is clear that when commercial vehicles are driving in low visibility conditions such as fog that they must take extra precautions and make sure they do not endanger the lives of innocent people driving on our highways. There is no excuse for an 18 wheeler to cross over into on-coming traffic in low-visibility situations. This is unacceptable, and a family is now having to deal with an enormous tragedy that could have easily been avoided. My heart and prayers go out to the Moya family and all others that are affected.

The point is that commercial drivers need to realize that they are driving steel and metal monsters that need to be driven responsibly. Passenger vehicles are no match for these metal monsters when they collide. In fact, not even a properly used car-seat could save little Luca, but the driver of the 18 wheeler only sustained minor injuries. When driving it is very important to drive defensively, and pay close attention to comercial vehicles driving near you - clearly commercial vehicle drivers are not always driving responsibly. I hope the Moya family's story, and the many stories like his, will perpetuate change for the better. It is the mission of our lawfirm, and me personally, to perpetuate changes in the law to make our roads safer, and to hold commercial vehicle companies and their drivers accountable for the lives that are destroyed in their wake. Our mission continues.

Reynaldo A. Pena

Originally posted at InjuryBoard by Reynaldo Pena

Texas Safety Lawyer Jesse E. Guerra Jr. Receives Prestigious Award from Texas Lawyer

Bob Hilliard — Wed, 30 Sep 2009 09:59:56 GMT

Jesse E. Guerra Jr., Partner, at Hilliard Munoz Guerra Law Firm was recently chosen as one of twenty-five extraordinary minority lawyers in Texas Law by Texas Lawyer Magazine www.law.com/jsp/tx/PubArticleTX.jsp. This prestigious award is only given every five years.

Jesse's passion for aquatic safety litigation is second to none and in less than two years he has made himself and the firm the go to people for swimming pool drowning cases. He has represented over a dozen families who have lost children in unsafe pools nationwide.

The award further demonstrates his commitment to creating pool safety awareness for all companies and people who own or manage pools acroos Texas. Through his efforts pools have been made safer and changes have been made that will no doubt save future lives. He is currently working to get the Texas Department of Health to make availble pool guidelines in spanish so that spanish only speaking people can comply with the guidelines they are required to abide by.

"Jesse is currently litigating numerous pool cases and keeps himself abreast of pool codes and regulations. In my twenty six years of practicing law, I have never met a lawyer so enthused and passionate about what they do. Jesse has truly set the bar on aquatic litigation in Texas and I have no doubt that his reputation as an aggressive, but fair litigator and trial lawyer will rapidly spread nationwide." -Bob Hilliard, founding partner, of Hilliard Munoz Guerra LLP.

Originally posted at InjuryBoard by Bob Hilliard