Texas First Degree Felony Crimes and Consequences

By Independent Staff Writer

What is a First Degree Felony in Texas?

Criminal offenses in Texas are charged under the categories of misdemeanors and felonies.  Felonies are the most serious criminal offenses and carry the most severe penalties.  A felony is generally considered any criminal offense more serious than a misdemeanor, and that is punishable by imprisonment of more than one year.  A felony crime is classified as a State Jail Felony, Third-Degree Felony, Second-Degree Felony, First-Degree Felony, or a Capital Felony, the most serious being a Capital Felony that can bring a penalty of life imprisonment or death.

First Degree Felonies are among the most serious crimes in Texas, second only to capital felonies.  Examples of crimes that are considered First Degree Felonies include but are not limited to the following:

Penalties for Assault and Battery in Texas

By Independent Staff Writer

Assault charges in Texas can result from a simple threat or argument, a fistfight, or a violent attack with a weapon.  Assault charges range from misdemeanors to felony charges depending on the circumstances, and are taken especially seriously if injury occurs or if a weapon was used.  The penalties range from fines to prison terms depending on the severity of the assault and the circumstances of each case. Being faced with assault charges of any kind can have drastic negative consequences both personally and professionally.

Texas law defines assault as intentionally, knowingly, or recklessly:

  • Causing bodily injury to another person, including the person’s spouse;
  • Threatening someone with imminent bodily injury, including the person’s spouse; or
  • Causing physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.

Classes of Misdemeanor Offenses in Texas

By Independent Staff Writer

Criminal offenses in Texas are divided into two main categories, felonies and misdemeanors.  Misdemeanors are considered lesser crimes than felonies and are divided into three classes based on the degree of seriousness of the offense and the severity of the punishments.  It is important to take misdemeanor charges seriously, because having a misdemeanor conviction on your record can impact your life in many negative ways.  You may have difficult time getting the job you want, being admitted to an institution of higher education, or even obtaining an occupational license.

Texas Driver’s License Fines and Suspensions

By Independent Staff Writer

A. The Texas Driver Responsibility Program and Points on Your License

Texas uses the Texas Driver Responsibility Program (DRP) adopted by the state legislature (TRC §708; Article 10, House Bill 3588, 78th Legislative Session) to track individuals’ traffic violations, assign points to their records, and assess fines to drivers who receive or exceed a certain number of license points.  Not surprisingly, the point system has been an efficient revenue generator for the state.

Defining Felony Crimes in Texas

By Independent Staff Writer

Texas Felony Criminal Offenses

Criminal offenses in Texas are charged under the categories of misdemeanors and felonies.  Felonies are the most serious criminal offenses and carry the most severe penalties.  A felony is generally considered any criminal offense more serious than a misdemeanor and is classified as a State Jail Felony, Third-Degree Felony, Second-Degree Felony, First-Degree Felony, or a Capital Felony, the most serious being a Capital Felony that can bring a penalty of life imprisonment or death. Criminal felony charges of any kind are a very serious matter.  The penalties for conviction are severe and can have profoundly negative and damaging consequences to one’s personal and professional life for many years.  You may face difficulty in finding employment and may face financial problems.

How Strong is Your Pradaxa Case?

By Independent Staff Writer

If your doctor has prescribed the relatively new drug, Pradaxa, as an alternative to Warfarin, you may have been alarmed to hear of the potential issues with Pradaxa. Pradaxa was approved by the FDA in late 2010 after the manufacturer, Boehringer Ingelheim, presented the drug as a much better alternative to Warfarin, which had been used exclusively since the 1950’s as a treatment for the prevention of systemic embolisms and strokes. Pradaxa is used to treat patients with atrial fibrillation and works primarily by thinning the blood of the patient. While Pradaxa did appear to work slightly better than Warfarin, it has been shown to have serious side effects, some of them fatal.

How Does Pradaxa Work?

The primary issue with Pradaxa lies in how it works in the body. While both Pradaxa and Warfarin are used to prevent strokes in patients with atrial fibrillation, Warfarin works through the inhibition of Vitamin K in the body. Vitamin K is a clotting agent, and should Warfarin cause excessive bleeding in a patient, doses of Vitamin K can be administered to slow the bleeding. Pradaxa works by inhibiting an enzyme in the blood known as a thrombin. Thrombins are also responsible for controlling blood clotting, however at this time there is no known reversal agent to Pradaxa and should it cause excessive bleeding physicians have no way of slowing or stopping the bleeding. In the case of excessive bleeding among Pradaxa users they have no choice but to wait 12 to 24 hours until the drug has cleared their system, allowing the blood to clot as it should.
Unfortunately, some patients have bled so excessively they don’t have that amount of time. This has led to the death of several Pradaxa users, particularly those who are over the age of 75 or those with impaired renal function. The Pradaxa drug is also unique in how it gets into the patient’s system. The active ingredient in Pradaxa is actually contained in the outer shell of the drug while the encapsulated portion contains a core of tartaric acid. Scientists believe that this particular type of delivery system allows the drug to be mroe rapidly absorbed by increasing the acidity in the digestive tract. It is theorized that this delivery system can be responsible for major GI bleeds, and those who have experienced minor gastrointestinal symptoms may go on to have a excessive internal bleeding as a fairly minor ulceration turns into a serious or fatal hemorrhage.

Do I Have a Pradaxa Case?

If you have had adverse responses to the drug Pradaxa, your personal injury attorney will want to know whether those responses occurred prior to January, 2012, or after that date. This date is important because the FDA mandated changes in the warning labels of Pradaxa in January after receiving numerous adverse reports of serious side effects related to Pradaxa. It is believed that over 260 deaths have been directly tied to Pradaxa through uncontrollable bleeding incidents. Those who had an adverse response to Pradaxa prior to January of 2012 likely have a bit stronger case than those who had a negative incident after the FDA issued their warning. Those Pradaxa users who ended up with an extended hospital stay or died as a result of taking the drug whether through a gastrointestinal bleed, a hemorrhagic stroke or a trauma-induced atypical bleeding event, will likely hold a strong legal position against Boehringer Ingelheim.

Elderly patients with reduced renal functions are more likely to have experienced a serious side effect from Pradaxa since it builds up more quickly in the body. Any significant bleeding event can be responsible for a lack of blood flow to organs in the body which results in organ damage. While some organ damage can be reversible, others may not be. Pradaxa users have also experienced strokes and heart attacks as a result of taking the drug. Whatever damage you suffered as a result of taking Pradaxa, you have likely racked up significant medical expenses, lost time from work and suffered a substantial level of emotional distress, and may have a cause of action against the manufacturer of Pradaxa.
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DISCLAIMER: All cases are based on individual circumstances and the facts pertaining to each case, and the outcome for any particular case depends on a variety of factors. None of the information provided on this website should suggest or guarantee a particular result for any given case. None of the information provided on this website should be construed in any way as legal advice. Further, none of the information provided on this website should suggest or imply the formation of an attorney-client relationship in any capacity whatsoever.

Pradaxa (Dabigatran) and the FDA Safety Review

By Independent Staff Writer

Although only on the market for a relatively short period of time, Pradaxa, the blood-thinning drug manufactured by Boehringer Ingelheim—has already suffered under the weight of threatened recalls, lawsuits and warnings by the FDA. Pradaxa is the first FDA-approved drug of its type since the drug Warfarin was approved in 1954. Both Warfarin and Pradaxa are commonly prescribed as blood thinners to reduce the risk of stroke in patients with heart rhythm irregularities.

Warfarin was used almost exclusively until November of 2005 when Boehringer Ingelheim sponsored a clinical trial to determine the long-term safety and effectiveness of their “new kid on the block,” Pradaxa. The Pradaxa blood-thinning drug trial concluded in March of 2009 to rave reviews. More than 18,000 patients were enrolled in the trial across 44 countries. Boehringer announced that Pradaxa was able to significantly reduce the risk of stroke when compared to the older established drug, Warfarin, and that it had similar or even reduced risks of causing major bleeding in the body—depending on the dosage.

Pradaxa Receives FDA Approval
Pradaxa FDA approval came in October of 2010. The FDA approved Pradaxa as the first anti-coagulant drug approved for the prevention of stroke since the approval of Warfarin. The end of 2010 saw Boehringer Ingelhem Pharmaceuticals aggressively marketing Pradaxa across the United States, touting it as a much more effective alternative to Warfarin. Then, merely three months later, the pharmaceutical company saw the first of what was to be a series of blips on the radar of their new drug which was already adding millions of dollars to their coffers. This first snag was a minor one—the FDA issued a fairly benign alert, stating that Pradaxa must be kept in its original packaging in order to avoid the potential of moisture to cause the drug to break down and lose potency.

Boehringer Reports Increase in Sales
Still riding high in August of 2011, Boehringer reported its business had seen a sixty percent increase in net sales since the launch of Pradaxa in Canada, the United States and Japan. In fact, in less than twelve months on the market, over a million prescriptions for Pradaxa were dispensed to Americans, with nearly 400,000 patients receiving a Pradaxa prescription. Apparently Boehringer should have waited for the announcement of success. Three months later, in November of 2011, Boehringer Ingelheim reported that Pradaxa had been linked to 260 deaths worldwide, then the FDA issued a safety review of Pradaxa in December of 2011. At the end of 2011 the FDA reported they were evaluating reports of serious or even fatal uncontrolled internal bleeding incidents among Pradaxa blood-thinning drug patients.

Side Effects of Warfarin vs. Pradaxa
Although Warfarin is well-known by health care professionals to sometimes cause excessive bleeding there is a major—and significant—difference between the drugs. In an emergency which involves excess bleeding there are currently no medications known which can reverse the effects of Pradaxa, while in an emergency involving Warfarin, the effects can be reversed by giving the patient Vitamin K. The downside of Warfarin is that it requires several days to take effect and the patient taking Warfarin must undergo frequent testing to arrive at the proper dosage. Warfarin has also been known to react poorly with specific foods or other medications. While Pradaxa has none of these issues, Pradaxa patients are considered to have a 33% higher risk of a heart attack or other heart disease symptoms than the patient using Warfarin. Most alarming, however, is the potential with Pradaxa for excessive bleeding which cannot be stopped, possibly leading to death.

What is the FDA Doing About Pradaxa?
The FDA is currently conducting studies to determine whether the reports of excessive bleeding among patients who are taking Pradaxa is more common than previously expected. The FDA continues to assert that Pradaxa provides important health benefits when used as directed. These studies become more complicated since a wide variety of factors can influence whether or not adverse side effects are reported. After the FDA announced their intent to study the side effects of Pradaxa prior to making a recall determination, findings from a new study were published in a well-known medical journal which suggested there could be an increased risk of heart disease in patients taking Pradaxa as compared to Warfarin.

To date, the FDA has received over 900 reports of serious negative side effects involving Pradaxa as well as reports of 500 hospitalizations and the permanent disability of twenty-five people as a direct result of Pradaxa use. The Journal of the American College of Cardiology released a study showing Pradaxa users had a 16% increased risk of severe bleeding while Warfarin users had only a 6% increased risk.

No Recall, Lawsuits Filed
Although the FDA has not yet issued a recall, they do strongly advise any person taking Pradaxa who has experienced any negative side effects to see their physician immediately. Side effects can include bruising more easily than normal, dizziness or feelings of lethargy, a serious or prolonged headache, vomiting or coughing up blood, unusual or prolonged nosebleeds or bleeding from the gums, urine which is pink or brown-tinged or a weakness or swelling in the extremities. Just this month, the first three Pradaxa lawsuits have been filed, one of which claims the death of a Tennessee woman who suffered a gastrointestinal bleed while taking Pradaxa.

What You Should Do if You Take Pradaxa
Those patients who have put their belief and trust into a drug which has FDA approval and is physician-prescribed can end up feeling confused and overwhelmed when that same drug turns out to be unsafe and is found to cause serious, life-threatening side effects. Many people have suffered serious health issues as a result of taking Pradaxa—if you or a loved one has also suffered such issues you must take steps now to protect your rights and your future. Drug companies must be held accountable for allowing dangerous drugs to flood the market.
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DISCLAIMER: All cases are based on individual circumstances and the facts pertaining to each case, and the outcome for any particular case depends on a variety of factors. None of the information provided on this website should suggest or guarantee a particular result for any given case. None of the information provided on this website should be construed in any way as legal advice. Further, none of the information provided on this website should suggest or imply the formation of an attorney-client relationship in any capacity whatsoever.