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Serious Injuries. Strong Lawyer. 214-932-1288 | ARMSTRONGLAWYER.COM | DECEMBER 2024
Challenges And Celebrations Reflecting on 3 Years of Milestones and Connections
As we round the corner into December and I reflect on the past year, I am amazed at how much has changed and grown since I first opened the doors to this firm. This January, we’ll be celebrating our third year at Armstrong Law, and I’m happy to say that where we are has exceeded even my expectations. With the busy holiday season ahead and this exciting milestone coming at the first of the year, I feel incredibly thankful for family, friends, clients, our staff, and everyone else who has been part of this journey. Starting the firm came with challenges, and I had to wear every hat in those early days — from IT guy to lawyer to firm manager and everything in between. Over time, I’ve been able to delegate some of those responsibilities, freeing me up to do more lawyering. I’ve gone from having a staff of one in my first year to a team of four, with plans to add a few more people next year.
a small firm, so we never lose sight of the importance of being client-focused. I always want to improve our services for clients and continue to hold the same values. I’ve learned that bigger isn’t always better, and you need to find balance in life. You have to get to the sweet spot where you don’t have to trade off free or family time for more money. The holidays are one of my favorite times to unwind and enjoy quality time with the people I love. We’ve been throwing a big Christmas party for friends for 20 years or more now, and it’s a chance to catch up with people we haven’t seen for a while. It’s an informal celebration we cherish in my household, and it has continued to grow over the years. All the stress and busyness of party preparations and the hustle and bustle of life are all worth it when you get to celebrate gratitude with good company. The running joke is we always say we will stop throwing the
“Here’s to another year of growth, gratitude, and meaningful connections in business and life.”
party, but we can’t let down our loyal fan base of friends.
Overcoming the complex parts of starting a business took hard work and focus. It takes a while for things to ramp up and for the labor to start paying off — it’s like pushing a giant rock up a hill. It’s tough going up, but once you get to the top, it’s much easier to roll it down and keep going. By building systems and processes and having a supportive staff to keep things running smoothly, I can focus more on growth. The early challenges lay the foundation for a firm that can continue to thrive, and the boulder you were once pushing starts to propel you forward. There’s always room for improvement, and I hope we continue to grow without ever getting too big that we lose the personal touch that is such a big part of our mission. I’ve always wanted to remain
As I enjoy my favorite time of year and the warmth of the holiday season, I have so much to be thankful for and excited about. I love the little reprieve from the hot weather, the time with loved ones, and
creating goals for the new year. I also look forward to reflecting on the successes and lessons from the past year and setting a clear vision for where we’re headed next. Here’s to another year of growth, gratitude, and meaningful connections in business and life. Thank you to everyone who has been part of this journey. Happy Holidays!
–Warren Armstrong
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ANYONE SEEN A SKULL? HOSPITAL MISPLACES PATIENT’S BODY PART
All of us have had to search underneath the couch cushions for a missing wallet or TV remote, or we’ve had to scour the mall parking lot in search of our somehow misplaced car keys. I would almost certainly lose my head if it were not attached to my body. Which, as it turns out, is why I definitely should not work at one particular Atlanta hospital. In September 2022, the Emory University Hospital Midtown staff allegedly misplaced something more important than the contents of a patient’s pants pocket. Following his brain surgery, Fernando Cluster was horrified to discover that the hospital had misplaced part of his skull. What a Headache Fernando underwent emergency brain surgery after suffering a stroke and subsequent cranial bleeding. As part of the surgery, surgeons removed a portion of
the hospital to fulfill its end of the bargain. The hospital made errors when identifying the bone flaps and had no idea which skull fragments belonged to Fernando. Eventually, hospital staff informed the patient they could not find his bone flap and, as a result, they would be unable to put the missing pieces back in his skull. Suing Over a Skull Consequently, Fernando and Melinda Cluster have filed a civil lawsuit against the hospital. The Clusters claim the hospital’s failure to find his bone flap led to an extended hospital stay, increased medical debt, and undue pain and suffering. Not to mention, of course, the alleged negligence in misplacing a patient’s skull. If nothing else, the Clusters have a remarkable story to tell and, most probably, a large settlement headed their way in lieu of a fully intact brain cage.
Fernando’s skull, known as a bone flap, with plans to reattach that portion of his skull
after he healed from his surgery. While the hospital scheduled the procedure to repair Fernando’s skull for November 2022, issues arose that made it impossible for
HOLIDAY HUSTLE
What to Know About Seasonal Employment Injuries
As the holidays kick into high gear, many of Texas’ big box retail stores will hire seasonal workers to meet the demand. If you are working a seasonal position at Amazon, Walmart, or another large store, it’s essential to understand what you can do if you are injured on the job. Temporary employees hired for the holidays have the same rights as traditional workers, even at non- subscriber companies — businesses that do not participate in workers’ compensation. Let’s unwrap what you need to know if you work a seasonal gig this year. Understanding Nonsubscribers Texas is the only state in the country that does not require businesses to provide workers’ compensation. Instead, many companies carry their own insurance and are called non-subscribers. Many of the big
box stores that hire seasonal employees are non-subscribers. So, if you are injured at one of these companies, you won’t have workers’ comp benefits; you’ll need to file a personal injury claim and prove your injuries were a direct result of the job. You can allege more damages in a personal injury claim versus workers’ comp, like pain and suffering and punitive damages. Proving Your Case Like regular employees, seasonal workers must prove that their employer’s negligence caused their injuries. You must show four elements to win compensation for your claim: duty, breach, damages, and causation. Employers are legally required to create a safe work environment for all their employees, including temporary hires. If they, for example, violate any OSHA rules, they
could be deemed as not meeting their duty to keep workers safe. To claim damages, you must show that you have suffered financial, emotional, or physical pain. So, it’s essential to seek medical attention so you understand your injuries and can prove them. Risk Factors Seasonal employees often face a higher risk of injuries due to the demanding nature of their work. They might not receive as much job training as regular employees and could be working multiple jobs, which can lead to fatigue. Workers in the hustle and bustle of this busy time of year can face a demanding and sometimes dangerous workload. If you are a seasonal employee who’s been hurt at a large retailer like Walmart or Amazon, contact Armstrong Law today.
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another doctor, who said the injury was directly related to the slip at work. Next, he was referred to another doctor for ACL repair surgery. Despite the procedure, he continued to have pain in his knee that radiated into his lower extremities. Amazon pushed John to return to work, saying he should be well enough to resume his duties. Feeling he was not physically ready to return, he reached out to us at Armstrong Law. We connected him with another doctor who performed an additional surgery to correct the prior ACL procedure. By now, he had also developed symptoms of Complex Regional Pain Syndrome (CRPS), a debilitating pain condition that can arise from trauma. Our next step was to help him find a doctor to treat his CRPS symptoms, preventing it from worsening. We filed a suit on his claim based on Amazon’s failure to provide a safe and clean work area and ensure other employees followed procedures. Amazon again hired a medical expert to dispute the CRPS diagnosis of his last physician despite the medical evidence. Just two months before the arbitration hearing, we successfully settled the case for John for a favorable amount. This case is a reminder that even when a huge corporation tries to discredit your medical injuries, having a strong legal advocate can make all the difference.
When Warehouse Safety Falls Short How We Helped an Amazon Worker Overcome the Odds Workers who are hurt on the job have many challenges on top of healing, such as companies attempting to discredit their medical claims by hiring their own experts to dispute diagnoses. When John* suffered a painful slip in an Amazon warehouse, that’s precisely what he was up against. It was John’s first day working in a new area of the warehouse when he was picking up cardboard box debris. While working, he slipped on cardboard pieces left on the floor by his co-workers, causing his knee to twist, tearing his ACL and leaving him in pain. After the accident, it would be several weeks before he was sent to a doctor for medical evaluation.
After he learned his ACL had been torn, Amazon sent him to a doctor who initially concluded the injury was not related to the work incident. Unsatisfied, he sought
*Client’s name changed to protect their privacy.
Armstrong Law specializes in workplace accident cases for employees of businesses in Texas that do not have workers’ comp insurance. We understand the nuances of these cases and have the resources to take on large “nonsubscriber” employers. To refer an injury case involving a nonsubscriber employer to our practice, call us at 214-932-1288 . WE VALUE YOUR REFERRALS
Chicken Caprese Salad Inspired by EatingWell.com
INGREDIENTS •
DIRECTIONS 1. Whisk vinegar, olive oil, mustard, and pepper in a medium bowl. Transfer 6 tbsp of mixture to a smaller bowl and whisk in honey; set aside. 2. To mixture in the medium bowl, add 1/2 tsp salt, Italian seasoning, and garlic powder. Add chicken; toss to coat. Marinate for 30 minutes. 3. Coat a grill pan with oil. Over medium heat, add chicken and cook until grill marks appear on each side, about 5–7 minutes. Transfer to a plate; let stand for 5 minutes. 4. Arrange romaine, tomatoes, mozzarella,
1/3 cup balsamic vinegar 2 tbsp extra-virgin olive oil
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2 tsp Dijon mustard 1 tsp ground pepper
2 1/2 tsp honey
3/4 tsp salt, divided
1/2 tsp Italian seasoning 1/2 tsp garlic powder 2 (8-oz) boneless, skinless chicken breasts, sliced 8 cups coarsely chopped romaine lettuce 1 lb grape tomatoes, halved 1 (8-oz) container fresh small mozzarella cheese balls in water, drained 1 cup fresh basil leaves
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and basil on a large platter; sprinkle with salt. Top with the sliced chicken and drizzle with the honey mixture.
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12720 HILLCREST RD. STE. 615 | DALLAS, TX 75230 214-932-1288 | ARMSTRONGLAWYER.COM
INSIDE
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Holidays, Hard Work, and Heartfelt Thanks
Hospital Loses Part of Patient’s Skull
Seasonal Work and Safety
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When Companies Question Your Medical Injuries
We Value Your Referrals
Chicken Caprese Salad
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Unravel the Myth of the 16th-Century Rocket Cat
CAT-APULTING INTO HISTORY The Feline-Flying Military Tactic That Never Took Off
Throughout military history, you’ll find strategic experiments ranging from the genius to the downright bizarre. But few can top the zany brainchild of Franz Helm, a 16th-century German artillery aficionado whose bright idea left historians — and cat lovers — utterly bewildered. Let’s set the scene with Helm’s magnum opus, the “Feuer Buech,” published in 1584, a treasure trove of (literally) explosive innovations in warfare. Imagine this: a battlefield in the Renaissance, not just filled with the clang of swords and the thunder of cannons, but also — wait for it — flying, flaming cats. Yes, you read that right. Franz Helm’s groundbreaking military tactic involved jetpacks for cats. Picture a kitty, strapped with a sack of gunpowder, zipping through the air like a furry missile aimed at enemy strongholds. The hope? These feline projectiles would scamper back to their homes — presumably in enemy territory — and start a blazing inferno. One can only wonder about how they would train cats to become arsonists.
The method was straightforward: kidnap an enemy cat, strap it into a gunpowder-laden backpack, light the fuse, and hope Mr. Whiskers doesn’t get cold paws about blowing up its evil overlords. Preserved for posterity at the University of Pennsylvania, the “Feuer Buech” reminds us of the lengths human creativity can go — especially when combined with a profound misunderstanding of cat behavior. As any cat owner will tell you, cats have their own agendas. The chances of a cat completing its fiery mission are about as high as it bringing you the morning newspaper. Thankfully, we have no evidence that this pyrotechnic plan ever came to pass. Considering cats’ notorious independence, we can rest assured that no self-respecting felines took part in these explosive escapades. So, next time you’re cuddling with your cat, be thankful its biggest inclination is to knock pens off your table rather than infiltrate enemy castles with fire.
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