Commitment is Everything ...
We at the law offices of Washington & Ernster believe that the pursuit of
justice involves serious
commitment. A commitment of time, skills and resources
to bring about a fair and equitable resolution. Our goal is to commit our passion for justice to serving the best interests of the people.
Awards & Nominations
Houston's Top Lawyers -- The Cletus Ernster & Mickey Washington Interview
 -- A star trades the end zone for a courtroom

2007 - 2008 “Matthew W. Plummer, Sr. Justice Award.”
2007 Texas Super Lawyers
2006 Law Dragon 500 New Star
2006 H Texas Magazine Houston's Top Lawyers
NAACP Alex Award For Legal Excellence
NAACP Special President’s Award
Texas Lawyer Magazine 40 up and coming lawyers under 40
Congressional Recognition
Downloads 
Firm Brochure
EEOC Employment Discrimination Charge Statistics |
|
Rollator Injury
By Cletus Ernster
A Yahoo News posting at http://ca.news.yahoo.com/s/capress/100210/health/health_rollator_recall states that Dana Douglas Inc. has renewed its recall of selected models of certain rollator models to address potential safety issues. Depending on the model and date of manufacture, the lower rear frame, front forks, front fork bearings or lower brake rod of the rollators may be subject to failure, according to the Yahoo posting. As further stated, rollator users could fall and suffer serious injury. In this regard, the article describes rollators as essentially being walkers with wheels used to help people with mobility issues. The company recalled certain rollator models in order to fix problems after at least six rollator users reportedly suffered falls. More information about the company’s rollator recall may be found online at www.danadouglas.com .
In a June 30, 2009 article by Senior Journal , the online Senior Citizen serving publication reported that injuries related to walking canes and walkers are sending 47,000 Senior Citizens a year to emergency rooms because of falls. More specifically, from 2001 to 2006, an average of 129 American seniors, those 65 and older, were treated in emergency departments each day for fall injuries associated with walkers and canes, according to a Centers for Disease Control and Prevention study published in the June 2009 Journal of the American Geriatrics Society. The study examined six years of emergency department medical records, finding reportedly that for older adults experiencing falls related to walkers or canes, most of the injuries involved walkers (87%). The study’s lead author, Judy Stevens, was quoted in the article as saying that “Walkers are often used by frail and vulnerable older adults; people for whom falls, if they occur, can have very serious health consequences.” Consequently, it’s important to make sure people use mobility devices safely. See, http://seniorjournal.com/NEWS/Aging/2009/20090630-InjuriesRelatedToWalking.htm
Falls are the leading cause of nonfatal injury in the United States, and falls among the elderly can have especially serious consequences, so the study points out the importance of fall prevention and offers some fall prevention strategies, including, for example, educating mobility device users on how to use their walkers and canes safely, as well as conducting more studies to better understand fall risk factors for older adults who use walkers and canes and identifying potential design problems to improve the design of walkers.
Link to Article:
Rollator Injury
Posted in:
Injuries to Elderly, Personal Injury, Wrongful-Death
Fall Risk Rollator Recall
By Cletus Ernster
In a February 12, 2010 posting at http://www.newsinferno.com/archives/18657 , newsinferno.com reports that Health Canada has announced that NeXus I, II and III rollators are the subject of a voluntary recall initiated by Dana Douglas, Inc., a company located in Ontario. According to the posting, the rollators are being recalled due to a variety of potential health and safety risks. In this regard, newsinferno.com states that the company initiated the voluntary recall of certain rollators, which may break during use and could result in the user falling and suffering serious injury, including bruising, broken bones, or death.
In the Health Canada February 2, 2010 public communication concerning the rollator recall, Health Canada advises individuals to stop using affected rollators immediately and to return their rollator to an authorized dealer for necessary modifications. In addition, Health Canada provides email contact information for the company as info@danadouglas.com for any questions about the recall. For more info from Health Canada see http://hc-sc.gc.ca/dhp-mps/medeff/advisories-avis/public/_2010/nexus_pc-cp-eng.php
In its posting on the recall, newsinferno.com reports that there have been nine reported incidents in which the front wheel has fallen off the frame and twenty one reported incidents of the front wheel fork cracking or breaking, as well as five reported incidents of the brake jamming in the locked position during use. It appears that no injuries have resulted from these incidents, to date.
Whether serious injury or death results from use of defective rollators or mobility aid devices such as a rollator, injured victims and their families may contact the appropriate consumer protection or health and safety agencies to report a rollator complaint.
Link to Article:
Fall Risk Rollator Recall
Posted in:
Injuries to Elderly, Personal Injury, Wrongful-Death
Walking Aid Walker Injury
By Cletus Ernster
In a June 30, 2009 article at http://seniorjournal.com , SeniorJournal.com reports that from 2001 to 2006, an average of 129 American seniors, those ages 65 and older, were treated in emergency departments each day - a total of more than 47,000 each year - for injuries from falls that involved walkers and canes, according to a Centers for Disease Control and Prevention study published in the June Jorunal of the American Geriatrics Society. Fractures were reportedly the most common injuries for these falls among senior citizens, with one in three injuries requiring hospitalization. According to the article, the study examined six years of emergency department medical records and found that, for older adults who had falls related to walkers or canes, most of the injuries involved walkers (87 percent). People were seven times more likely to be injured with a walker as with a cane. More than half of fall injuries with walkers and canes occurred at home, and, for men and women who used walkers or canes, the chances of sustaining a fall increased with age, with the highest injury rates among those ages 85 and older.
The CDC study’s lead author commented in the article that walking aids are very important in helping older adults maintain mobility, but it’s important to make sure older adults use the mobility devices safely since falls can have very serious health consequences. As stated in the article, the CDC study points out the importance of preventing falls related to walking aids. Some prevention suggestions include encouraging professionals to spend more time with clients or patients fitting walking aids and educating people on how to use walkers and canes safely. In addition, the article reports that more studies are needed to identify potential design problems and improve the design of walkers.
See, http://seniorjournal.com/NEWS/Aging/2009/20090630-InjuriesRelatedToWalking.htm
Link to Article:
Walking Aid Walker Injury
Posted in:
Injuries to Elderly, Personal Injury
Fall Risk Prevention Among Senior Citizens
By Cletus Ernster
Mobility products often used for fall prevention are not always designed for fall prevention, according to information posted at http://www.invisiblecaregiver.com . For example, everyday bed accessories can be inappropriately used and recommended for fall prevention and bed mobility without knowledge of use limitations. In this regard, undisclosed or hidden risks can include entrapment, increased fall risks due to instability, increased pressure points and increased fall risks due to restraint issues. As indicated by Invisible CareGiver, all sides need to understand the risks, risk management and liability issues of using and recommending ineffective mobility assistance devices. Consequently, Invisible CareGiver recommends creating a safe environment to avoid mobility device fall risks by making sure the medical device selected is designed or appropriate for the intended and potential use.
Assumptions and decisions or recommendations based upon convenience create fall injury risks for senior citizens using mobility aid devices. In an effort to address mobility aids and their uses, Invisible CareGiver cautions that often one mobility aid is recommended, leaving gaps in the individual’s mobility needs and these mobility gaps create risks that need to be addressed before a fall or fall injury occurs. As such, many elder care mobility needs are not properly addressed, giving rise to the need to do a better job in addressing mobility issues and fall prevention among the elderly or senior citizens since falls, unintended mobility device uses, and restraint and entrapment issues can be an open invitation to liability risks. Again, Invisible CareGiver asserts that knowledge can create effective risk management programs and recommendations.
Link to Article:
Fall Risk Prevention Among Senior Citizens
Posted in:
Injuries to Elderly, Personal Injury
Fall Injuries in Elderly
By Cletus Ernster
Disabled-World.com reports that The American Physical Therapy Association (APTA) is urging elderly adults who use canes and walkers as walking aids to be properly assessed and fitted by a physical therapist to avoid fall-related injuries. According to the posting, this advice comes in response to a June 2009 study published in the Journal of the American Geriatrics Society, which found that 47,000 senior citizens end up in emergency rooms each year due to falls from improper use and fit of walkers and canes. The posting at http://www.disabled-world.com/assistivedevices/mobility/walking/fit-walkers-canes.php states that the study, conducted by government researchers, examined six years of emergency room records and found that the walker was associated seven times more with injury related falls than was the cane. As such, physical therapists advise that these results indicate a strong need for proper fit and assessment. General tips provided by an APTA member for those using walkers and canes as walking or mobility aids include, for example: (1) The walker or cane should be about the height of your wrists when your arms are at your sides; (2) When using a walker, your arms should be slightly bent when holding on, but you shouldn’t have to bend forward at the waist to reach it; and, (3) Periodically check the rubber tips at the bottom of the cane or walker, being sure to replace them if they are uneven or worn through.
In this regard, the posting offers the website www.moveforwardpt.com as a resource for finding a physical therapist. For its own part, the APTA represents more than 72,000 physical therapists, physical therapist assistants, and students of physical therapy nationwide.
Whether mobility aid fall injuries among the elderly or senior citizens occur in Texas or elsewhere, victims may also contact an attorney to evaluate whether the fall injury may have resulted from product defects, improper or inadequate instructions or negligence in the design, manufature and sale of the mobility device.
Link to Article:
Fall Injuries in Elderly
Posted in:
Injuries to Elderly, Personal Injury
Nursing Home Safety Issues
By Cletus Ernster
A posting at http://www.safetyissues.com in the website’s Senior Citizens’ section discusses a report of the Department of Health and Human Services concerning deficiencies found at nursing homes. In an article entitled “Deficiencies Found in 90% of Nursing homes,” a Safety Issues staff writer says that the average nursing home in the U. S. had at least one deficiency, with for-profit homes getting more citations than homes operated by non-profits and local governments. According to the article, the most common citations involved quality of care deficiencies, including deficiencies in the care and treatment administered on pressure sores and urinary tract infections. As the article further states, nearly 20% of homes received citations for immediate jeopardy, abuse, neglect, or actual harm caused to the resident, but, when such incidents occurred, the event was usually isolated. However, the article also reported that the inspector general warned of some homes which may have failed to provide sufficient staff with appropriate expertise. In addition, the article noted that the American Health Care Association criticized the Department of Health and Human Services’ inspection system, claiming it is flawed, does not evaluate the quality of services in a reliable way, and fails to set up positive incentives to improvement. A safety tip offered at the article’s conclusion included a suggestion to carefully compare facilities and services of nursing homes, indicating that non-profit homes may be more likely to provide better care.
Link to Article:
Nursing Home Safety Issues
Posted in:
Injuries to Elderly
Elder Abuse And Neglect Injuries
By Cletus Ernster
The American Psychological Association states that every year an estimated 2.1 million older Americans are victims of physical, psychological, or other forms of abuse and neglect and elder abuse is not just a problem of older people living on the margins of our everyday life. According to the American Psychological Association at http://www.apa.org/pi/aging/eldabuse.html , most incidents of elder abuse do not happen in a nursing home. Instead, most elder abuse and neglect occurs at home. In this regard, the American Psychological Association defines elder abuse as the infliction of physical, emotional, or psychological harm on older adults which can also take the form of financial exploitation or intentional or unintentional neglect of an older adult by the caregiver. Sometimes older adults harm themselves through self-neglect (e.g., not eating, not going to the doctor for needed care) or because of alcohol or drug abuse. As stated by the Association, abuse creates potentially dangerous situations and feelings of worthlessness, and it isolates the older person from people who can help. It is a complex problem that can emerge from several different causes, and that often has roots in multiple factors, including, for example, dependency, financial burden, lack of respect for the elderly, and, among others, family stress. In order to receive help, people can turn to state agencies on aging and such organizations as the National Center on Elder Abuse at www.elderabusecenter.org or (202)898-2586.
Link to Article:
Elder Abuse And Neglect Injuries
Posted in:
Injuries to Elderly
Older Adult Fall Injuries
By Cletus Ernster
According to a 2008 study by the Centers for Disease Control and Prevention (”CDC”), about five percent of all people over age 65 had to see a healthcare provider or restrict their activity due to fall during a three month period. An estimated 5.8 million adults over the age of 65 reported they fell at least once in the previous three months, and 1.8 million of them sought medical help or restricted their activity for at least a day, said the 2008 study in the CDC’s Morbidity and Mortality Weekly Report. About 30 percent of people who fell reported sustaining an injury that led them to visit a healthcare provider or restrict their activity for at least a day. According to the CDC, the problem of older adult falls is expected to increase as the U. S. population ages. For further information concerning the CDC and fall injuries and fall prevention among older adults visit the website of the CDC at www.cdc.gov .
Link to Article:
Older Adult Fall Injuries
Posted in:
Injuries to Elderly
Retirement Housing Discrimination Lawsuit
By Cletus Ernster
The Acting Assistant Attorney General for the U. S. Department of Justice (”DOJ”) Civil Rights Division is quoted in an August 13, 2009 DOJ Press Release as saying “Persons with disabilities who live in retirement communities are entitled to the protections of the Fair Housing Act.” In this regard, the DOJ Press Release announced that the operator and manager of an Evansville, Indiana retirement community has agreed to pay up to $116,000.00 to resolve a housing discrimination lawsuit in which DOJ attorneys alleged that the defendants violated the Fair Housing Act by prohibiting the use of motorized wheelchairs and scooters in residents’ apartments and in the home’s common dining room during meals. According to the Press Release, the lawsuit originated when two former residents of the retirement community filed separate complaints with the U. S. Department of Housing and Urban Development (”HUD”) which, after an investigation, determined there was reasonable cause to believe that unlawful housing discrimination had occurred. See, http://www.usdoj.gov/opa/pr/2009/August/09-crt-799.html . As described in the DOJ Press Release, the federal Housing Act prohibits discrimination in housing based on race, color, religion, national origin, sex, disability and familial status. Another attorney quoted in the Press Release stated “This enforcement action provides yet another real-life example of our commitment to support the rights of persons with disabilities.” Individuals who believe that they may have been victims of housing discrimination can call the Housing Discrimination Tip Line (1-800-896-7743), email the Justice Department at fairhousing@usdoj.gov or contact HUD at 1-800-669-9777.
Link to Article:
Retirement Housing Discrimination Lawsuit
Posted in:
Disability Discrimination, Injuries to Elderly
Senior Citizen Brain Injury
By Cletus Ernster
Acknowledging that millions of people in the United States provide care for an older adult, The Centers for Disease Control and Prevention (”CDC”) created an initiative called “Help Seniors Live Better, Longer: Prevent Brain Injury” to raise awareness among children and other caregivers of senior citizens about ways to prevent, recognize, and respond to Traumatic Brain Injury or TBI in adults 75 and over. According to the CDC, one way to help older adults live better lives and stay independent is by learning about Traumatic Brain Injury and how to prevent it. In this regard, the CDC says that falls are the leading cause of brain injury and people 75 years of age and older have the highest rates of hospitalizations and death related to traumatic brain injury. The CDC states further that family members and other caregivers of older adults can help protect their loved ones’ health and independence by, for example: (1) reducing their risk for falls; (2) recognizing signs of TBI after a fall occurs; and, (3) taking appropriate steps when signs of TBI are observed. See, http://www.cdc.gov/BrainInjuryInSeniors/ . The CDC offers materials such as a “Fact Sheet” and a brochure pertaining to preventing brain injuries in older adults. As indicated by the CDC, the materials use a concise question-and-answer format to provide information that older adults and their caregivers may use to take an active role in preventing, recognizing and responding to TBI. In addition, one can contact the CDC at 1(800)232-4636 or 1(888)232-6348.
Link to Article:
Senior Citizen Brain Injury
Posted in:
Injuries to Elderly
 = Required Field
|