Vaginal Mesh FDA Safety Communication

In July of 2011, MedWatch, the FDA Safety Information and Adverse Event Reporting Program, released a safety update stating that “serious complications associated with surgical mesh for transvaginal repair of POP (Pelvic organprolapse) are not rare.” The safety communication also noted that this information is a change from what the FDA reported in 2008.

Vaginal Mesh Lawsuit Information

Anyone who has experienced any of the risks associated with vaginal mesh may qualify for compensation to help with the cost of medical expenses as well as pain and suffering.

What is Vaginal Mesh?

Vaginal mesh is a surgical mesh used to treat problems in women such as pelvic prolapse. Pelvic organ prolapse (POP) is a type of hernia that sometimes occurs in women after childbirth. The weakening of pelvic muscles and tissues surrounding organs such as the bladder, uterus, and rectum can be caused by the stress of childbirth. In 2002, the FDA approved a medical device called transvaginal mesh to help reinforce or to better secure the organs. POP occurs in approximately 30% to 50% of women after childbirth.

Complications Associated With Vaginal Mesh

In 2011, the FDA announced that almost 3,000 complications associated with Vaginal mesh were reported. The most common of these complications include:

• Mesh erosion
• Infection
• Pain
• Dyspareunia (pain during sexual intercourse)
• Bleeding
• Urinary problems
• Organ perforation

Transvaginal Mesh FAQ

Q: What is Transvaginal Mesh?
A: In women, a vaginal mesh support is a way of repairing a common type of pelvic organ prolapsed, which occurs when pelvic organs fall out of place, by stitching the connective tissue in the vaginal wall muscle back together.

Q: How Can Tranvaginal Mesh Hurt Me?
A: Transvaginal mesh has been linked to a number of dangerous problems, including reports of infection, pain, urinary problems and bowel, bladder or blood-vessel perforations. Some women have also reported recurrences of the prolapse and the need for more surgeries to attempt to remove surgical mesh that had eroded into the vagina.
Q: I’m not sure if synthetic transvaginal mesh was used in my pelvic organ prolapse procedure. What should I do?
A: Transvaginal mesh complications can include mesh erosion, pain, infection, bleeding, painful sexual intercourse, organ perforation, and urinary problems. For patients who have had vaginal mesh surgery for pelvic organ prolapse and are pleased with their surgery and are not having complications or symptoms, there is no need to take any action other than regular check-ups and follow-up visits to the doctor. Patients with complications or symptoms after surgery should alert their health care provider. If you are still worried and not sure if your doctor used a mesh or do not know what kind of mesh was used in your surgery, do not hesitate to call the health care provider who handled your procedure to ask any questions you might have.
Q: My doctor suggested transvaginal mesh as a treatment option for pelvic organ prolapse. What should I do?
A: There are many treatment options for pelvic organ prolapse. They include non-surgical options, non-mesh surgery (i.e. native tissue or biologic graft vaginal repairs), abdominal or laparoscopic mesh procedures and transvaginal mesh placement. You should feel comfortable with your decision and make sure you fully understand the risks involved.

Vaginal Mesh Resources

2011 FDA Safety Communication
Food and Drug Administration

Contact a Vaginal Mesh Lawyer Today

If you or someone you love is experiencing any of the severe side effects associated with Vaginal Mesh, contact a Vaginal Mesh lawyer now.

For a free, confidential case evaluation, contact an experienced Vaginal Mesh lawyer at Sico, White, Hoelscher & Braugh, LLP.

We will answer any questions you may have regarding a Vaginal Mesh lawsuit.

ATTENTION: EMPLOYEES AND INDEPENDENT CONTRACTORS

IMPORTANT DEADLINE: May 1, 2012

YOU MAY BE ENTITLED TO BACK WAGES FOR UP TO 3 YEARS

CALL US TODAY FOR A FREE AND CONFIDENTIAL CONSULTATION

(877) 653-3334 / (361) 653-3300

RTFC CASE OVERVIEW

Sico, White, Hoelscher & Braugh, LLP filed a collective action in federal court on behalf of all non-exempt current and former RTFC firefighters to recover overtime wages under the Fair Labor Standards Act.  We contend that the RTFC failed to pay its firefighters in accordance with federal law. Specifically, the firefighters were not paid time-and-a-half for the overtime hours worked, and their employment does not qualify for the fluctuating workweek method of payment. Therefore, we contended that the RTFC has been illegally withholding overtime pay to RTFC firefighters for a number of years.

The Court conditionally certified a class of all current and former “salaried non-exempt” employees employed by RTFC from September 9, 2008 to through the present. Currently, all potential plaintiffs have until May 1, 2012 to file their Notices of Consent to opt in to this litigation.

FREQUENTLY ASKED QUESTIONS – FAQs

WHY SHOULD I JOIN THE LAWSUIT?

Generally, employers cannot settle an overtime case under the Fair Labor Standards Act with its current or former employees without court approval.  Joining this case by “opting in” is the most practical and efficient way of getting paid for unpaid overtime wages.  Failure to timely submit your “opt in” form will likely result in losing your right to get paid for the overtime you already worked. Additionally, every day you delay in opting in may result in a loss of overtime wages that are recoverable.

WHY YOU SHOULD HIRE SICO, WHITE, HOELSCHER & BRAUGH, LLP

Our firm, Sico, White, Hoelscher & Braugh LLP, along with the firm of Huerta, Guerra & Beam, filed this lawsuit and have already been successful in getting the case conditionally certified as a representative action.  We are on the leading edge of this case, and no other lawyers representing workers have appeared in this case to date.

Workers may fear that they may lose their jobs, or be discriminated against if they join in this case, or may simply not understand how this a case like this works and what the benefits and risks are of joining the lawsuit.  We will provide, on a confidential basis, advice and information to any worker who contacts us at no charge for the initial consultation.  We would be honored to assist you in this matter.

We work on a contingency fee basis, meaning that there is no charge to our client unless we make a recovery on your behalf.  Our fees are paid out of the recovery, pursuant to a contingency fee contract.  When you hire us, we take care of ensuring all forms are properly filled out, all deadlines are met, and that the employer provides proper records of your hours worked so that you can get paid for your overtime hours.  We will also keep you updated on the progress of the case, and are available to answer your questions and advise you about your legal rights.

WHAT IS THE FLSA?

Every year, whether deliberately or inadvertently, employers take millions of dollars from hard working employees just like you by not paying required overtime.  In 1938, the United States passed the Fair Labor Standards Act (FLSA).  This law requires that all employees be paid overtime unless they fall under certain narrow exceptions.  Overtime pay is pay at 1.5 times the regular hourly rate of pay.

WHAT ARE EMPLOYEES ENTITLED TO?

Most employees are entitled to overtime pay (1.5 times the regular hourly rate) for each hour worked over forty hours in a given workweek.  If an employer breaks the law, the penalty can be quite severe.

An employee can recover lost overtime pay going back a full two years.  If the employer’s actions are willful, then the employee can recover lost overtime pay going back a full three years.  Plus, the FLSA will double the amount owed as a penalty. This is called liquidated damages.  Employees are also entitled to compensation for attorney’s fees and costs associated with the suit.

It is our contention that RTFC knowingly and willfully carried out their illegal pattern of failing to pay its employees the correct amount of overtime.  Accordingly, we contend that employees are entitled to overtime 1.5 times their regular rate of pay, plus liquidated damages (double your overtime pay), attorney’s fees and costs.

WHAT IS THE FLUCTUATING WORKWEEK METHOD?

The “fixed salary for fluctuating hours,” or “fluctuating workweek (“FWW”),” payment method is an exception to the standard FLSA requirement that employers pay overtime at 1.5 times the regular hourly rate for each hour worked over forty.  It allows employers to pay only 0.5 times (“half-time”) the regular rate.  Essentially, employees are paid less the more hours they work.

This is a very narrow and strict exception, and employers must follow it closely.  If not, the FWW will be invalidated and the employer will be required to compensate employees at the standard overtime rate of 1.5 times the regular hourly rate.

After extensive research, we have concluded that RTFC likely failed to satisfy the strict requirements of the FWW, and therefore, you are entitled to overtime at 1.5 times the regular rate for each hour worked over forty hours in any given workweek.

HOW DO I JOIN THE LAWSUIT?

The FLSA requires that each plaintiff “opt-in” to the lawsuit by filing a consent form with the court.

You should have received a packet in the mail with a consent form attached.  If you have any questions concerning the consent form, need help filling it out, or did not receive a packet, please do not hesitate to contact our office toll-free at (877) 653-3334 or (361) 653-3300.

HOW LONG DO I HAVE TO JOIN THE LAWSUIT?

The Court has set a deadline of May 1, 2012 to opt-in to this lawsuit.  You must complete your consent form and file it with the Court on or before this date.  If not, you will not be entitled to any sort of recovery from this lawsuit.

It is very important that you understand that you are losing money each day that passes and your consent form is not on file with the Court.

Please call us today toll-free at (877) 653-3334 or (361) 653-3300.

WILL I LOSE MY JOB IF I JOIN THE LAWSUIT?

The FLSA prohibits anyone from discriminating or retaliating against you if you choose to take part in this case, and RTFC has agreed to abide by the law in this regard.

If you feel like you are being threatened, intimidated, discriminated and/or retaliated against about this lawsuit, please contact our office IMMEDIATELY and we will help.

ATTENTION: EMPLOYEES AND INDEPENDENT CONTRACTORS

IMPORTANT DEADLINE: April 17, 2012

YOU MAY BE ENTITLED TO BACK WAGES FOR UP TO 3 YEARS
CALL US TODAY FOR A FREE AND CONFIDENTIAL CONSULTATION
(877) 653-3334 / (361) 653-3300

ALLIS-CHALMERS/ARCHER TUBULAR SERVICES CASE OVERVIEW

Sico, White, Hoelscher & Braugh, LLP filed a collective action in federal court on behalf of current and former employees and “independent contractors” to recover overtime wages under the Fair Labor Standards Act.  We contend that Allis-Chalmers Energy, Inc., Allis-Chalmers Tubular Services LLC, Allis-Chalmers Tubular Services, Inc., and/or Archer Tubular Services LLC failed to pay overtime to certain workers who were required to sign an “independent contractor agreement” or were improperly classified as “independent contractors” and who worked in excess of 40 hours per workweek, but often performed the same tasks and functions as “full-time employees” who were paid time-and-a-half.

The Court conditionally certified a nationwide class of all current and former casing floor hands, stabbers, and tong operators who were classified as “independent contractors” by Archer Tubular Services LLC during the time period of November 1, 2008 to the present.  We believe there are workers with different job titles who were also illegally not paid overtime wages, and we will continue to investigate these claims.  If you know any of these people or have worked in different job classifications without overtime pay, please contact us immediately.  Currently, all potential plaintiffs have until April 17, 2012 to file their Notices of Consent to opt in to this litigation.  

FREQUENTLY ASKED QUESTIONS – FAQs

WHY SHOULD I JOIN THE LAWSUIT?

Generally, employers cannot settle an overtime case under the Fair Labor Standards Act with its current or former employees without court approval.  Joining this case by “opting in” is the most practical and efficient way of getting paid for unpaid overtime wages.  Failure to timely submit your “opt in” form will likely result in losing your right to get paid for the overtime you already worked.  Additionally, every day you delay in opting in may result in a loss of overtime wages that are recoverable.

WHY YOU SHOULD HIRE SICO, WHITE, HOELSCHER & BRAUGH, LLP

Our firm, Sico, White, Hoelscher & Braugh LLP, along with attorney John Flood, filed this lawsuit and have already been successful in getting the case conditionally certified as a representative action.  We are on the leading edge of this case, and no other lawyers representing workers have appeared in this case to date.

Workers may fear that they may lose their jobs, or be discriminated against if they join in this case, or may simply not understand how a case like this works and what the benefits and risks are of joining the lawsuit.  We will provide, on a confidential basis, advice and information to any worker who contacts us at no charge for the initial consultation.  We would be honored to assist you in this matter.

We work on a contingency fee basis, meaning that there is no charge to our client unless we make a recovery on your behalf.  Our fees are paid out of the recovery, pursuant to a contingency fee contract.  When you hire us, we take care of ensuring all forms are properly filled out, all deadlines are met, and that the employer provides proper records of your hours worked so that you can get paid for your overtime hours.  We will also keep you updated on the progress of the case, and are available to answer your questions and advise you about your legal rights.

WHAT IS THE FLSA?

Every year, whether deliberately or inadvertently, employers take millions of dollars from hard working employees just like you by not paying required overtime.  In 1938, the United States passed the Fair Labor Standards Act (FLSA).  This law requires that all employees be paid overtime unless they fall under certain narrow exceptions.  Overtime pay is pay at 1.5 times the regular hourly rate of pay.

WHAT ARE EMPLOYEES ENTITLED TO?

Most employees are entitled to overtime pay (1.5 times the regular hourly rate) for each hour worked over forty hours in a given workweek.  If an employer breaks the law, the penalty can be quite severe.

An employee can recover lost overtime pay going back a full two years.  If the employer’s actions are willful, then the employee can recover lost overtime pay going back a full three years.  Plus, the FLSA will double the amount owed as a penalty. This is called liquidated damages.  Employees are also entitled to compensation for attorney’s fees and costs associated with the suit.

It is our contention that Allis-Chalmers/Archer Tubular Services knowingly and willfully carried out their illegal pattern of failing to pay its employees the correct amount of overtime.  Accordingly, we contend that employees are entitled to overtime 1.5 times their regular rate of pay, plus liquidated damages (double your overtime pay), attorney’s fees and costs.

HOW DO I JOIN THE LAWSUIT?

The FLSA requires that each plaintiff “opt-in” to the lawsuit by filing a consent form with the court.

You should have received a packet in the mail with a consent form attached.  If you have any questions concerning the consent form, need help filling it out, or did not receive a packet, please do not hesitate to contact our office toll-free at (877) 653-3334 or (361) 653-3300.

HOW LONG DO I HAVE TO JOIN THE LAWSUIT?

The Court has set a deadline of April 17, 2012to opt-in to this lawsuit.  You must complete your consent form and file it with the Court on or before this date.  If not, you will not be entitled to any sort of recovery from this lawsuit.

It is very important that you understand that you are losing money each day that passes and your consent form is not on file with the Court.

Please call us today toll-free at (877) 653-3334 or (361) 653-3300.

WILL I LOSE MY JOB IF I JOIN THE LAWSUIT?

The FLSA prohibits anyone from discriminating or retaliating against you if you choose to take part in this case and Allis-Chalmers/Archer Tubular Services has agreed to abide by the law in this regard.

If you feel like you are being threatened, intimidated, discriminated and/or retaliated against about this lawsuit, please contact our office IMMEDIATELY and we will help.

Sico, White, Hoelscher & Braugh attorney David Bright represents Gerry Lynn Wilkinson, the mother of college student Kerrybeth Hall, who, along with fellow student Matthew Smith, was killed when the Goodyear Wrangler Silent Armor tire on the 2008 Ford F-150 pickup she was riding in detreaded, causing he pickup to skid and rollover. The rollover, Kerrybeth’s death, and the resulting lawsuit filed by SIco, White, Hoelscher & Braugh has caused a nationwide recall of 41,000 Goodyear Wrangler Silent Armor tires. “Goodyear was receiving many disturbing warranty claims on these tires, but said, ‘Let’s see what happens,’” Mr. Bright said, “Goodyear waited another 12 months, and decided: ‘Hang on. Let’s wait a while longer.’ And three months later, these two young people were killed. This case shows the tragic results of delaying a tire recall.”

On August 1, 2011 Kerrybeth Hall and Matthew Smith were on their way to Alpine, Texas to start college at Sul Ross State University. They were less than an hour from their destination, in Pecos County, Texas when the Goodyear tire on Matthew’s Ford F-150 pick-up suffered a tread separation, causing the pickup to roll over. Both Kerrybeth and Matthew were killed. Sico, White, Hoelscher & Braugh filed suit on her behalf in Calhoun County, Texas. According to Goodyear, it was this lawsuit that prompted the nationwide recall of 41,000 Goodyear Wrangler Silent Armor tires.

THE RECALL

According to documentation Goodyear filed with the National Highway Traffic Safety Administration (NHTSA) on February 22, Goodyear had first noticed elevated property damage and warranty claims for the Wrangler Silent Armor tire during its May 2010 review of Early Warning Data. Over the next 12 months, the company would continue to see high levels of warranty and property damage claims, specifically for six sizes of the tires produced at its Fayetteville plant. But Goodyear still resisted a recall, passing off the uptick as isolated cases caused by “stone drilling damage and other external damage to the tires.”

Months later, after the tragic failure of this tire and the deaths of Kerrybeth Hall and Matthew Smith, Goodyear finally announced the recall of the tires. The defective tires, produced in the spring of 2009, were recalled over concerns that the tires can tear apart and cause a serious motor vehicle accident or rollover.

The recall involves 41,000 of Goodyear’s Wrangler Silent Armor tires that were manufactured at Goodyear’s Fayetteville, North Carolina plant. The recalled tires are light truck tires, and are dangerous because they can cause a partial tread separation, resulting in loss of control or even vehicle rollover. The affected tires are placed on a variety of vehicles, including those frequently used at construction sites, for off-road applications, pickup trucks, sport utility vehicles, vans, and family vehicles.

The Goodyear Wrangler Silent Armor tire recall includes the following sizes:

1. LT235/80R17 LRE
2. LT245/75R17 LRE
3. LT265/70R17 LRE
4. LT275/70R18 LRE
5. LT285/70R17 LRD
6. LT325/60R18 LRE

27,000 of the defective Goodyear tires are believed to be still in service across the country.

If your car has Goodyear tires, please check to see if your tires are part of the national recall. Goodyear will notify owners and replace the defective tires free of charge. Owners can contact Goodyear at (800) 592-3267 or call NHTSA’s vehicle safety hotline at (888) 327-4236.

Link to Recall:
Goodyear Tire Recall

A Tale of Drugs, Arrests, and Defective Tires

What went wrong with the manufacture of these tires at Goodyear’s Fayetteville, North Carolina plant during the months of March through May 2009? Perhaps an answer could be found in this March 2010 headline from North Carolina television station WRAL: “Fifteen Goodyear Employees Charged After Undercover Drug Raid.”

On March 30, 2010, just two months before Goodyear’s warranty review that revealed higher than usual claim rates on these tires, narcotics agents from the Cumberland County, North Carolina Sheriff’s office raided Goodyear’s Fayetteville plant, and arrested 15 workers. The 69 charges among them allege that the suspects were operating a full-service drugstore, trafficking cocaine, marijuana, Ecstasy, opium and other prescription drugs.

These drug busts at the very plant where these tires were being manufactured came only 10 months after the tires were made.

The undercover operation was initiated in August 2009, at the invitation of Goodyear executives in Akron, Ohio. But according to several interviews with Cumberland County Sheriff Earl “Moose” Butler, Goodyear’s Fayetteville reputation as a den of drug dealers long preceded that date. According to several news accounts, Butler had waited his entire career as the head of the county’s law enforcement to infiltrate the Fayetteville plant.

“Shortly after I came into office 16 years ago, we tried to do something out here,” Butler said. “Course we knew at the time that there were drugs in the plant and we haven’t been able to get anyone inside,” he told WTVD.

The Goodyear Wrangler Silent Armor Tire is Not Just Any Tire

Also shocking is the fact that Goodyear specifically advertised the Wrangler Silent Armor tire as a particularly big, beefy tire – tough enough to stand up to the rigors of off-roading.

The following are quotes directly from Goodyear about the Wrangler Silent Armor Tire:

• “Are you looking for on and off-road all terrain tires? Do you want tires that are going to fit all of your versatile needs? Are you only interested in buying tires that are safe, durable, and will provide you with the most comfortable ride possible? If so, you should consider purchasing the Goodyear Wrangler Silent Armor tires.”

• “The rubber compound is molded at the base of the tread grooves in an effort to increase resistance to stone and rock drilling, which is a plus. The internal structure of the tire involves an Armor Zone that is made up of twin, high tensile steel belts that are reinforced by a layer of Dupont Kevlar cord to add strength and comfort to the abilities of the tire. The Durawall rubber compound is also used in the sidewalls to resist scuffing and abrasion and to protect the polyester cord body. There are also rim guards to protect the wheels from accidental on and off road hazards.
• “These tires really will take you anywhere and you never have to worry about your safety or the durability of the tires!”

Kerrybeth Hall and Matthew Smith weren’t even off-roading when their Wrangler Silent Armor tire failed them. They were simply riding on a highway, on their way to start their fall semester of college.

Read more:
The Heavy Price of a Delayed Recall

Robbie Middleton and Family

Don Wilburn Collins

MIDDLETON V. COLLINS

Colleen and Bobby Ray Middleton, Individually and as Representatives of the Estate of Robert Middleton, have finally had their day in court. A civil claim was filed in La Grange, Texas in 2009 stemming from the rape and burning in 1998 of then eight-year-old Robbie Middleton. He would later die from a rare form of skin cancer directly attributable to his burns in April of 2011. On Monday, December 19, 2011, the case went to trial at the Fayette County Courthouse. A jury evaluated the actions of Don Wilburn Collins and the pain and anguish he inflicted upon the Middleton family and returned the largest verdict in United States History – $150,370,000,000.00. The Middleton family will likely never recover anything from this judgment – the reason the Middletons filed a civil action against Mr. Collins is because the County Attorney for Montgomery County, Texas has refused to charge or prosecute Collins for the rape and murder of Robbie Middleton. The Middletons hope the verdict in the civil action will stir a public outcry and pressure Montgomery County to finally file criminal charges and prosecute Don Wilburn Collins for this terrible crime.

PLEA FOR JUSTICE

Craig Sico and Clif Alexander of Sico, White, Hoelscher & Braugh, L.L.P. in Corpus Christi, Texas represented the Middleton family in this matter pro bono. The firm agreed not only to represent Robbie Middleton and his parents without charging or accepting a fee or sharing in any recovery they might receive, but also financed the litigation process by paying for necessary document discovery, depositions of doctors, nurses and police officials, as well as all expenses associated with trial.

The Middleton family does not expect to receive one dollar from Don Wilburn Collins based on the verdict. Rather, the purpose of this civil litigation was to do the job of the County Attorney by amassing and preserving the evidence necessary to convict Don Wilburn Collins for the rape and murder of Robbie Middleton.

To date, no substantive action has been taken by Montgomery County to prosecute Don Wilburn Collins, even though substantial evidence has been established that Collins did in fact set Robbie Middleton on fire with the intent to kill him two weeks after he brutally raped him in the woods near their homes. From the day of the attack, Robbie steadfastly identified his attacker as “Don” Collins, but no prosecution has occurred. The only official action taken has been the opening of a cold case file by the Montgomery County Attorney after receiving subpoenas in this civil litigation requesting that the evidence be disclosed to the Middleton family. Opening a cold case file legally permits Montgomery County officials to deny sharing their evidence with the Middleton’s and the public. At this time, the Middleton family does not know whether Montgomery County will ever prosecute Mr. Collins or will simply continue to deny them justice.

It is the sincere desire of the Middleton family that Montgomery County listen to this outcry, finally provide justice to Robbie and protect the community at large from Don Wilburn Collins. Mr. Sico has offered to act as a special prosecutor should Montgomery County wish to include him so that he may bring the evidence before a jury, and let a jury decide the fate of all those involved, rather than a few officials huddled in darkness refusing to disclose the truth.

MIDDLETON CASE HISTORY

Robbie Middleton lived with his parents, Colleen and Bobby Ray, his brother Clint, and his sister Heather, in Splendora, Montgomery County, Texas. Like most children, Robbie Middleton was happy, unassuming and well liked in the community. As it oftentimes happens, young Robbie had to deal with a bully who lived next door named Don Wilburn Collins. At first, Collins caused trouble and intimidation for the Middleton children. Eventually, Collins’ level of intimidation grew to the point where he raped Robbie in the woods near their house on or about June 14, 1998. Don threatened Robbie that if he told anyone, he would hurt him again. Robbie carried the weight of this horrible act on his seven-year-old shoulders alone.

Two weeks later, it was to be a day of joy and celebration for Robbie on his eighth birthday – June 28, 1998. Robbie waited with excitement for his uncle to join him on this special day. After celebrating with family and friends, Robbie started down a trail that he had traveled hundreds of times before to visit a friend. He never made it. Don Wilburn Collins ambushed Robbie and threw a cup of gasoline in his face blinding him. Collins then tied Robbie to a tree, poured gasoline over him, and lit him on fire. The restraints used to bind Robbie were not carefully crafted and he was able to break free and run home though the woods, his body engulfed in flames, crying and screaming. Robbie made it to the edge of the woods. Charred black and unrecognizable by his family, Robbie suffered third degree burns to over 99% of his body. A small area on the top of Robbie’s foot was spared – this would ultimately save his life.

Robbie was transported by helicopter to Memorial Hermann Hospital in Houston and then to Shriners Burn Hospital for Children in Galveston. As eight-year-old Robbie Middleton lay on a cold metal table, the skilled doctors and nurses at Shriners knew exactly what needed to be done in order for Robbie to survive. Each appendage and section across his torso would need to be sliced open so that the swelling in his body would subside. At this moment, Robbie was charred beyond recognition and cut open on a table from head to toe. He was vulnerable at a level very few people have experienced, much less survived.

Drs. David Herndon and Robert McCauley, two of the most respected burn surgeons in the world, testified that Robbie’s burns were the worst they had ever seen.

The miracle workers at Shriners offered a new procedure in grafting that had rarely been used before. This form of grafting saved Robbie’s life, but left him horribly disfigured and impaired.

In a procedure called debridement, all of the dead tissue on Robbie’s charred body had to first be scraped off. Robbie’s skin was removed in a series of fifteen different operations, and he was then covered with skin that had been donated from other people – cadaver skin. This was skin from people who donated, at the time of their death, a thin shaving of their outer skin, which was frozen at the hospital and then used in future transplants.

In the first operation, the doctors took the small patch of normal skin that Robbie had left on his foot, and sent it to a laboratory to grow that small piece of skin in tissue culture. 
Six weeks later, the doctors were able to successfully remove the cadaver skin that had been grafted onto Robbie’s body and then introduce the tissue culture grown skin.

In total, Robbie would go from his room in the intensive care unit to the operating room almost every week during the first five months he was at Shriners where the doctors would remove cadaver skin, clean infected wounds, apply more skin from the cadavers, and eventually cover his entire body with skin that was grown in tissue cultures.

The debridement procedure was unimaginably painful. In addition to Robbie having the skin scraped from his little body for months, he was also stripped of the new skin each day in an attempt to save his life. Robbie endured over one hundred surgeries.

The Middleton family had their lives changed forever that day in June of 1998. They would spend the next thirteen years reliving the horror and fear of their son and brother being attacked and set on fire, having to move from their home after being stalked by Don Wilburn Collins, and having to deal with the greatest injustice of all – Montgomery County’s failure to seek justice. It was thirteen years of living hell.

MONTGOMERY COUNTY, TEXAS

In the beginning, Montgomery County officials boasted about the case they were mounting against Don Wilburn Collins. Statements were made to the press about the quality and substantive nature of the evidence that would surely place this monster behind bars. It was initially believed that Robbie witnessed Collins rape another young boy, Collins’ five-year-old cousin. Not once did anyone from the Montgomery County Attorney’s Office speak with Robbie Middleton about this heinous crime. Instead, charges against Don Wilburn Collins were dropped and he was allowed to go free and continue to terrorize other young children. It was not until Robbie was on his deathbed and testified in his deposition what everyone had feared – Don Wilburn Collins raped Robbie two weeks before he tried to kill him.

DON WILBURN COLLINS

Don Wilburn Collins was eventually convicted at sixteen years old for the aggravated sexual assault of another eight-year-old boy and served four years at the Texas Youth Commission in Brownwood, Texas. On July 13, 2007, Collins was convicted of theft and resisting arrest. He was convicted on May 13, 2009 and again on October 22, 2010 for failure to register as a sex offender. He is currently incarcerated within the Texas Department of Corrections at the Mac Stringfellow Unit in Rosharon, Texas, where he is scheduled to be released in September of 2012. To this day, Collins has yet to be charged or convicted for the rape and murder of Robbie Middleton.

DEATH OF ROBBIE MIDDLETON

While it was exceptionally painful and trying, Robbie Middleton survived this horrific event. He spent many years trying to become a normal little boy, but normalcy for Robbie would never be that of another child. In public, the best he could hope for would be pity, but usually he faced fear. Due to his massive injuries, Robbie remained small in stature, but had the largest of hearts. Robbie did not let what happened to him deter his desire to help others. The doctors, nurses and staff at Shriners have expressed their gratitude for having the chance to meet him and their respect for the person that he became.

Robbie and his mother, Colleen, were instrumental in setting up the Robert Middleton Foundation and a website called Burn Survivor News, which raised money for other burn victims across the country.

In another example of his generosity and willingness to lend a helping hand, Robbie befriended a young girl from Belize who was also at Shriners for burn treatment. This young lady eventually moved back home, but years later wanted to come back to the United States to attend medical school. Unfortunately, she didn’t have enough money to do so. Enter Robbie – he would sit outside Shriners and raise money for her to return for school. This was just the kind of wonderful person Robbie was and how he tried to make the world a better place.

Robbie Middleton never made his twenty-first birthday. As a result of his injuries and the rapidly cultured skin that prolonged his life, Robbie contracted an aggressive form of skin cancer called squamous cell carcinoma, which eventually claimed his life. The doctors who treated Robbie testified that but for the burning, he would not have had the cancer and therefore would be alive today. Don Wilburn Collins tried to kill Robbie Middleton on June 28, 1998 – it took thirteen years to accomplish his goal.

SHRINERS HOSPITAL FOR CHILDREN

The Middleton family would like to express their sincere gratitude to each and every doctor, nurse and staff member at Shriners for the incredible care and support they provided to Robbie. Shriners provided every service over thirteen years to the Middleton family free of charge. The charitable nature of this institution and the gratitude felt by the Middletons for its existence cannot be adequately described in words.

After Hurricane Ike, serious consideration was given to closing the hospital. Robbie Middleton would not let that happen. Robbie along with many others rallied to provide support for the continued operation of the hospital, and we are thankful that those efforts were rewarded by allowing Shriners to continue to provide care to children today.

WHAT YOU CAN DO TO HELP

The Middleton family asks for only two things: (1) letters, calls, and/or emails to – David K. Walker, Montgomery County Attorney, 207 W. Phillips, 2nd Floor, Conroe, Texas 77301 Telephone Number: 936-539-7828, Fax Number: 936-760-6920 E-mail: David.Walker@mctx.org – demanding that either the file be turned over to the proper authorities or that they prosecute Don Wilburn Collins before someone else is hurt; and (2) if you would like to make a charitable contribution, they ask that you send it to Shriners Hospitals for Children c/o The Middleton Family, 802 N. Carancahua, Suite 900, Corpus Christi, TX 78401.

Martin Luther King said it best when he stated, “Justice delayed is justice denied.” Robbie Middleton has been denied justice long enough. Please help.

NOTABLE FIRE RELATED CASES

Mr. Sico represents the family of William Clemmer.  William Clemmer, a machinist from Stephenville, Texas died in May 2008 of severe burns over more than half of his body caused by design and manufacturing flaws permitting the failure of his MK lighter to extinguish. Mr. Clemmer was at work on April 10, 2008, when he lit a cigarette, and placed the MK lighter in his pocket. Seconds later, the MK lighter exploded, engulfing Mr. Clemmer in flames. Although he was severely burned, he managed to call his brother, who hurried over and drove Mr. Clemmer to the nearest fire station. As Mr. Clemmer was being transported to Parkland Hospital in Dallas, his last spoken words were, “My lighter exploded.” Mr. Clemmer never regained consciousness and died 26 days later. He was 56 years old.

Mr. Sico and the firm of Sico, White, Hoelscher & Braugh, L.L.P. have recently requested the United States Consumer Product Safety Commission seek an immediate recall of the MK lights, manufactured by Zhuoye Lighter Company, Ltd., a Chinese company. See Attachment “A”.  Also, the Commission has been asked to establish a rule requiring lighters sold in the US to conform to the standard already established by the American Society for Testing and Materials (ASTM International) F400, versions of which have already been adopted in Canada and Europe.

On or about April 13, 2006, Neal Leonard and Gayla Leonard were passengers in a single-engine Robinson R44 II helicopter, Registration Number N123CD, when it crashed at the Gillespie County Airport, in Fredericksburg, TX.  Gayla Leonard suffered fatal carbon monoxide toxicity and sustained extensive burns with partial incineration of her body surfaces and extremities.  In addition to Gayla Leonard, the pilot and one other passenger sustained fatal injuries due to burns and Neal Leonard was seriously injured.

The crash, which occurred at low speed and just a few feet above the ground, was a survivable impact and should have, at most, resulted in minor injuries to Gayla Leonard, the pilot and the other passengers.  Instead, the aircraft fuel was dispersed into the occupants’ space of the helicopter and onto the occupants resulting in a post-impact fire. This matter was resolved favorably for the Leonard family.

Mr. Sico was retained by Edward McKenna along with his family and the Hammer family regarding the serious injuries and death as a resulting from British Petroleum refinery’s explosion in Texas City, Texas on March 23, 2005.  Mr. Sico along with counsel for the victims fully responded in demanding necessary materials to establish liability of British Petroleum as well as immediately assembling a team of experienced experts to quickly evaluate the scene.  Mr. Sico’s clients claims were settled within three months of the accident which permanently injured Mr. McKenna and claimed the life of Linda Hammer Rowe.

In Ibarra v. LG Electronics a home fire caused by a defective window air conditioning unit lead to tragedy in South Texas.  LG Electronics, the Korean manufacturer made decisions to eliminate trace elements of metal in order to cut costs in their U.S. bound products.  Mr. Sico was able to establish that this vital change lead to catastrophic failure of the air conditioning unit and the death of nine year old, Adan Ibarra, resulting in a jury verdict of more than $34,000,000.

Mr. Sico also represented Melissa Guerrero for the extensive burn injuries  which occurred on June 9, 2000, as a result of a fire 102 East South Main Street, Flatonia, Texas, The fire in question as started by three year old son who used a Scripto-Tokai Aim ‘n Flame utility lighter.  As a result of such events, Melissa Guerrero suffered extensive burn injuries. At the time of the manufacture design and development of the subject utility lighter federal legislation has already been passed requiring child resistant features on ordinary cigarette lighters. The lighter in question was sold along side the child resistant cigarette lighters eventually leading to this disasterous result. Since the time of this litigation the consumer product safety commission has required the addition of child resistant features in all lighters sold in the United States.

Mr. Sico represented Jacqueline Saburido and her father, Amadeo Saburido against General Motors.  On September 19, 1999, Jacqueline Saburido was traveling with four of her friends on FM 2222 in Austin. She was the right front passenger in a 1990 Oldsmobile Regency 98, when it was struck by a GMC Yukon SUV, being operated by an intoxicated 17 year‑old driver. Once the front of the Regency was struck it burst into flames. Two people in the car were killed. Jacqueline was using her seatbelt and survived the crash, but was trapped under the dashboard and was extensively and horribly burned.

Criminal charges were brought against the drunk driver who caused the initial collision. Miss Saburido and her father brought suit against General Motors and the driver of the oncoming vehicle, claiming their negligence combined to cause the injuries to Miss Saburido. Her attorneys claimed that the fuel system in the General Motors’ vehicle was defective, permitting gasoline to escape and cause the fire. Had the fuel system been designed properly the accident would have left Miss Saburido with only broken bones.  Since the settlement of this matter Ms. Saburido has been featured on Oprah Winfrey and became the subject of one of the most controversial anti-drunk driving campaigns in Texas history.  As part of the campaign her pictures, both before and after the injury, were displayed on the front window of convenience stores with a message against driving while intoxicated.

Mr. Sico further represented the Garcia for claims they held for the improper distribution of propane to a residential home.  The jury found that Y Propane was responsible for failing to properly perform their duties in inspecting the propane distribution lines.  Upon entering his home Mr. Garcia smelled gas and did what each of us would do in that situation and opened doors and windows.  Little did he know that the propane distribution system had permitted the gas to hover at floor level where he could not smell this highly explosive material.  Fire investigators determined that when the compressor on the refrigerator turned to the on position a small spark ignited the propane completely leveling the three bedroom home of the Garcias.  Mr. Garcia lived six weeks before his death in a burn ward.  The jury awarded more than $5,000,000 to the Garcia family.

On May 13, 1999, naptha escaped from an improperly inspected vessel creating an expansive cloud ready for ignition.  The workers at the Coastal refinery began to run at the sight of the rust colored cloud flowing in their direction.  The attempt to flee saved the lives, but left three victims horribly burned with permanent injuries.  Mr. Sico established that the Coastal Corporation had failed to properly monitor the refining process which lead to the explosion and injuries of all involved.  The $122,000,000 verdict against the Coastal Corporation is one of the largest actual damage verdicts in the history of the United States. Great resources were expended in order to immediately stop the activities of Coastal Corporation so that Plaintiffs’ experts could investigate the scene while evidence remained unchanged. This kind of expedient in case depth analysis was critical in leading to a successful jury verdict.

POSTED DECEMBER 22, 2011 IN CRIMINAL, FEATURED BY AARON KASE

A record setting jury award to the family of a Texas child who was raped and murdered has lawyers wondering, where are the criminal charges?

• Robbie Middleton raped, then set on fire in 1998, died this year from complications
• Civil jury holds Don Willburn Collins responsible, but county officials have not brought criminal case
• Collins jailed for separate sex charges, up for parole next year

“The Worst Thing I’ve Ever Seen”

Robbie Middleton after burn attackA Texas jury this week awarded a largely symbolic $150 billion in punitive damages to the family of Robert Middleton, who in 1998 at the age of seven was sexually assaulted,then doused in gasoline and set on fire by Don Willburn Collins, the family asserts. Earlier this year, Middleton died from complications from the burns. Collins, who is in prison for unrelated sex offense charges, is up for parole in 2012 and has never been prosecuted for the attack on Middleton.

“This is the worst thing I’ve ever seen in my life,” says attorney Craig Sico, who litigated the case pro-bono for the Middleton family. Sico says the family understands they will never see the $150 billion punitive judgment from Collins, nor the $370 million awarded in actual damages.

“The family understood from beginning they will not be receiving a penny,” Sico says. “The purpose of the litigation was to turn attention to Montgomery County and ask why they won’t do their job.”

“The Middletons don’t want money from this, they just want justice.”

Unthinkable Attack Leads to Death 13 Years Later

Robbie MiddletonThe story began in 2008, when 7-year-old Robbie Middleton was walking through the woods near his home in Splendora, in Texas’ Montgomery County. It was there he said he was attacked and sexually assaulted by the neighborhood bully, then 13-year-old Don Willburn Collins. Two weeks later, on the boy’s eighth birthday, he was again attacked in the woods by Collins. This time, he said he saw Collins throw gasoline in his face, then, blinded, felt the older boy tie him to a tree with fishing line, pour more gasoline on him, and ignite the fuel. The fishing line melted in the fire, and Middleton was able to escape to a neighbor’s yard.

He was admitted to the hospital with third degree burns covering 99 percent of his body. The Shriners Burn Hospital in Galveston treated Middleton with extensive surgical procedures and skin replacements, over 100 surgeries in all. The expert treatment saved the boy’s life, if only temporarily.

On April 29, 2011, Middleton finally succumbed to Squamous Cell Carcinoma of Skin Invading Abdominal Cavity, a cancer caused exclusively by burn damages, doctors testified. What had been an attempted murder in 1998 came to completion this year.

Evidence but No Criminal Charges

Two weeks before he died, Robert Middleton created a video deposition where he identified Don Willburn Collins as his attacker. “He testified that he’d been raped by Don Collins and where,” Sico says. “He saw Don Collins before he threw the gasoline.” The evidence presented by the family was enough to convince the jury to hold Collins responsible.

As far as criminal charges go, there has been no news for 13 years. The Middleton family contends that no Montgomery County officials spoke to Robert when he was recovering in the hospital.

Attorney Craig SicoThe only response to the civil suit by the Montgomery County Attorney’s Office has been to open a cold case file on the Middleton murder, which may indicate an investigation but also allowed them to block lawyers from subpoenaing their files for the civil case. “They don’t disclose their files to us, they won’t talk to me,” Sico says. “We don’t know why.”

Though the attack took place 13 years ago, Texas has no statute of limitations on murder cases, and a statute of limitations for aggravated sexual assault only kicks in ten years after the victim’s 18th birthday. Robert Middleton was twenty years old when he died this year.

The Montgomery County Attorney’s Office did not respond to a request for comment by the time of publication.

Attacker Could Be Freed Next Year

Mugshots of Don Willburn CollinsCollins, meanwhile, was convicted in 2001 of aggravated sexual assault against a different 8-year-old boy and spent four years in juvenile detention. He has since been convicted of theft and resisting arrest in 2007, and in 2009 and 2010 for failing to comply with his sex registry requirements. He is currently in prison on the second charge, and up for parole in 2012.

The consequences of his release could be grave, says Sico. “I don’t believe he is done preying on children,” the attorney says. “And if he continues to refuse to register as sex offender, I don’t know how anyone in the community where he lives will know who he is or what he’s done.”

Collins’ public sex offender profile lists him as a “moderate” risk, with an ending registration date in 2016.

HOUSTON — An attorney who persuaded a Texas jury to award one of the largest civil verdicts ever says he and his clients don’t expect to collect any of the $150 billion judgment, but they hope it helps persuade prosecutors to seek charges against a man they say doused a boy with gasoline and set him on fire.

Robbie Middleton survived his horrific injuries for 12 years before dying last year of a rare form of skin cancer, which attorneys argued was related to the extensive burns he suffered on his eighth birthday. Lawyer Craig Sico and Middleton’s family said they now hope for a renewed investigation of Don Wilburn Collins, who Middleton accused of setting him on fire.

Collins never faced criminal charges in Middleton’s case, in part, prosecutors said, because of inconsistencies in the evidence and difficulty obtaining information from such a young victim. Now 26, Collins is in prison for an unrelated sexual assault conviction against another 8-year-old boy and for failing to register as a sex offender. He is to be released next year.

He did not appear in court during the civil trial and no attorney appeared on his behalf.

Sico said he asked jurors to make a statement in the case by topping the biggest civil verdict he was aware of — a $145 billion judgment handed down against the tobacco companies in Florida in 2000.

“We said, ‘If you want your message to be heard, it needs to be significant and that’s how people hear about these things. And we leave it to you.’ We made no request,” Sico said.

The Fayette County jury returned the $150 billion verdict Tuesday after a two-day trial.

The Florida tobacco verdict of $145 billion, which was later overturned, had stood as the largest U.S. civil jury verdict, said John T. Nockleby, professor and director of the civil justice program at the Loyola Marymount University School of Law in Los Angeles.

“It’s the kind of award that has no meaning outside of an expression of moral outrage,” he said. “They could have awarded a trillion dollars, and it would have made no difference.”

Middleton’s mother, Colleen Middleton, said Wednesday the family hadn’t really thought about the size of the judgment.

“We’re never going to see any money,” she said. “What we thought was please let these people realize Robert was precious, like everybody else’s child, and he didn’t deserve this.”

“When they came back with the $150 billion, I was like: ‘They get it.’ And that made me feel so good,” she said.

Montgomery County Attorney David Walker said Wednesday that the sheriff’s department’s cold case unit already has been reviewing the Middleton burning case for several months.

“I will tell you the case is an extremely difficult case given the evidence that was discovered years ago and the nature of that evidence,” Walker said. “Young Robbie was so traumatized and so damaged that information from him was very, very difficult to obtain.”

Walker said there also were some inconsistencies in the evidence, not necessarily from Robbie Middleton, that presented a challenge to prosecutors. He declined to elaborate.

“But I can tell you if it can be properly and successfully be prosecuted certainly it would have been back then and it would be now,” Walker said.

Robbie Middleton was attacked on June 28, 1998 — his eighth birthday — as he walked through a wooded area in the Southeast Texas town of Splendora, 35 northeast of Houston. A neighbor who discovered the boy told a 911 dispatcher that the burned child said, “Some kids threw the gas on him.”

When police questioned the boy, who was burned over 99 percent of his body, he told them: “Don did it.”

Collins, who was 13 at the time, was taken into custody five days later. He was held in juvenile detention for six weeks before he was released without charges to the custody of an uncle appointed as his legal guardian.

In a video deposition taken just before he died last year, Middleton identified Collins as a person who sexually assaulted him about two weeks before the fire attack.

Middleton’s parents eventually moved about 100 miles east to Fayette County, where they filed their lawsuit against Collins.

A Texas jury has awarded a record $150 billion in punitive damages to the parents and estate of Robert Ray “Robbie” Middleton, who was set on fire when he was 8 years old — two weeks after he was allegedly sexually assaulted by the same person.

The largely symbolic award is reportedly the biggest personal-injury award from a jury in U.S. history. The previous record, according to Bloomberg News, was a $145-billion award — later reversed — in a Florida class-action suit against the tobacco industry.

Colleen and Bobby Ray Middleton filed the civil lawsuit against their son’s alleged attacker, Don Willburn Collins, 26, who is in prison for an unrelated crime. But their real target is prosecutors in Houston’s Montgomery County, who they hope will feel so pressured by the award that they finally charge Collins in connection with the alleged sexual assault and subsequent attack.

A jury in La Grange, Texas, about 100 miles west of Houston, on Tuesday found in the Middletons’ favor, ordering Collins to pay them $370 million in actual damages, according to their attorney, Craig Sico, who spoke with The Times. The jury was able to address damages after a district judge issued a partial summary judgment on liability in September.

Middleton was sexually assaulted June 14, 1998, and was set on fire on his birthday two weeks later, Sico said.

In the second attack, Middleton had just received a tent as a birthday gift and was walking to a friend’s house to try it out. His assailant caught up with him in woods near his family’s home in Splendora, about 35 miles northeast of Houston, Sico said. The attacker threw a cup of gasoline in Middleton’s face, tied him to a tree with fishing line, poured more gasoline on him and set him on fire, Sico said.

As the plastic fishing line melted, Middleton was able to escape, and neighbors found him collapsed at the edge of the woods, Sico said.

Collins, then 13, was detained in connection with the assault, but was later released, officials said.

“They tried to sweep this under the carpet,” Sico said.

Middleton was covered with third-degree burns and had to receive numerous skin treatments, Sico said. He later developed skin cancer and, on April 29, he died at age 20.

Sico, a partner at a Corpus Christi law firm, took the case pro bono. He told the jury that the award should be symbolic, bigger than the largest civil settlement he could find on record: the $145 billion Florida class-action tobacco settlement in 2000.

He told them the award was intended to send a message to the Montgomery County attorney to charge Collins in connection with the assaults on Middleton.

“This is a plea for justice,” Sico said of the jury award.

Collins, 26, did not appear at the civil trial. He was convicted in 2001 of assaulting another 8-year-old and is a registered sex offender. He is due to be released from prison in September 2012, officials said.

Montgomery County Atty. David Walker, whose office handles juvenile cases, was not county attorney at the time of Middleton’s assault but was working at the office.

He told The Times that Collins was not charged at the time because “the case was very, very difficult, with evidence that was not clear or necessarily compelling at that time.”

Walker said investigators recovered scant physical evidence from the assaults. And because Middleton was severely injured, he added, “his ability to say what had happened and who did this horrible crime to him was extremely difficult.”

“There will be people who will say that’s an excuse,” Walker said, “but the professionals here worked very hard.”

Walker said he and Montgomery County sheriff’s investigators reopened the investigation earlier this year after Sico began gathering documents for the civil case.

Walker said investigators are “still working on the case, still tracking down and attempting to interview witnesses.”

“Depending upon the results of that further investigation, authorities here will make a decision about whether prosecution of Mr. Collins or anyone else is possible,” Walker said.