Florida Injury Attorney Blog

The son of a 63-year-old woman who died while recovering from a thigh operation at the Fort Walton Beach Medical Center in Florida is suing the center for medical malpractice.

Vernon “Chip” Kooser was shocked to discover that the cause of Janice Kooser’s death was a “blunt force trauma” to the head. He says that the hospital never told him that his mother had fallen and hit her head on September 2. Her injury made her a high-risk candidate for a fall accident. Two days after the fall, she went into a coma. She died the following day.

Fort Walton Beach Medical Center claims that it was their night nurse that prevented Janice’s head from hitting anything other than the bed mattress.

Kooser had been hospitalized for four years. She had been characterized as physically unsteady, sometime delusional, and most of the time incoherent. On her chart, she was rated as a 31 in terms of being at risk for falling. The chart’s maximum is 30. She also reportedly had subdural hematoma, which makes a person more vulnerable to head injuries.

The medical malpractice trial is taking place this week. One issue at stake is whether the hospital did enough to prevent the fall from happening. One of the witnesses, a nursing field expert, testified that the staff took reasonable precautions to prevent the fall from happening. She says that the fall could have happened to anyone.

A doctor that has been testifying as a medical expert for the plaintiff said that staff did not follow proper protocal, which requires armbands to be fitted onto patients that are at high-risk of falling. The witness also said that the hospital did not provide a card-ex, which is a card that provides all the data about Janice’s condition.

A sign was not posted at the entrance to her hospital room notifying staffers that she was a “fall” risk. The medical expert says that the hospital could have done more to ensure that she did not leave her bed. He said that staff members should have notified Janice’s doctor about the seriousness of her fall or that she was displaying certain symptoms, such as not using the morphine pump to relieve her pain, not eating, and being nonresponsive.

Janice fell while trying to leave her bed to use the restroom.

Doctors, nurses, hospitals, and are medical providers most provide all patients with a certain quality and level of medical care. Failure to do so can result in an medical malpractice claim or lawsuit if a patient is injured or dies because of negligence or carelessness.

Common causes for filing a medical malpractice lawsuit:

• Wrong diagnosis
• Failure to diagnose
• Surgical mistakes
• Prescription errors
• Failure to provide the proper care
• Not providing the proper information on a patient’s medical chart
• Medical negligence
• Lack of informed consent
• Delayed diagnosis
• Nursing care errors
• Physician error
• Hospital errors

The statute of limitations for filing a medical malpractice claim in Florida is two years from the time that the injured patient or family members found out that an injury occurred because of medical malpractice.

FWB Medical Center facing malpractice lawsuit for woman's death, Northwest Florida Daily News, September 26, 2007

Related Web Resources:

Fort Walton Beach Medical Center

Medical Malpractice, Public Citizen

Continue reading " Florida Medical Center Faces Medical Practice Lawsuit After Death of Elderly Patient " »

Kolcraft Enterprises is recalling about 425,000 infant play yards that were made in China. The recall comes after a 10-month-old child died. The child was strangled by the changing table’s restraint strap that was hanging into the “Sesame Beginnings” travel play yard where the infant had been placed.

Injuries or death caused by a defective product can be grounds for a products liability injury claim or a wrongful death lawsuit.

12 different play yards are part of the recall. The changing restraint straps on the tables are a strangulation risk. Another play yard that was recalled, the Contours 3-in-1 Play Yard, was recalled because a child could get stuck against the side of the cradle that rocks back and forth.

The play yards were sold at retailers across the U.S. from January 2001 through September 2007.

Play Yards that were recalled include:

1) Kolcraft Travelin’ Tot,
2) Kolcraft Travelin’ Tot LTD,
3) Kolcraft Travelin’ Tot 3-in-1,
4) Kolcraft Travelin’ Tot 4-in-1
5) Carter’s Lennon Travelin’ Tot
6) “Sesame Beginnings” by Kolcraft Travel Play Yard
7) Jeep Sahara SE Play Yard,
8) Jeep Sahara Limited Play Yard,
9) Jeep Sahara XT Play Yard,
10) Jeep Sahara Limited SE Play Yard,
11) Jeep Sahara Limited XT Play Yard
12) Contours 3-in-1 Play Yard

Specific model numbers can be found on the Consumer Product Safety Commission Web site.

In 2003, 60,700 children were treated in hospital emergency rooms because of injuries related to nursery products. There were 149 nursery product-related deaths between 1999 and 2001.

Here are some nursery-related products that have been known to cause injuries to children:

• Strollers
• High Chairs
• Changing Tables
• Play Yards
• Baby Gates
• Bassinets
• Infant Carriers
• Baby Jumpers
• Cribs
• Jumpers
• Play Pens
• Baby Bouncer Seats
• Baby Bath Seats
• Portable Baby Swings
• Cradles

In a another unrelated nursery product recall, Simplicity and Graco recalled 1 million cribs last week after three infants died due to suffocation.

Kolcraft recalls 425,000 play yards, CNN.com, September 27, 2007

Kolcraft Recalls Play Yards After the Death of a 10-Month-Old Child, US Consumer Product Safety Commission

Nursery Product Related-Injuries and Deaths

1 million Simplicity, Graco cribs recalled after 3 babies die, USA Today, September 27, 2007

Related Web Resources:

Kolcraft

Continue reading " Kolcraft Recalls Infant Play Yards That Were Made in China " »

A recent report on CNN.com emphasizes the need for patients to examine whether they have been misdiagnosed by a physician. The article offers five situations that might indicate that a wrongful diagnosis has taken place:

1. You fail to improve after treatment.
2. Your symptoms are different from what your diagnosis says they should be.
3. Your diagnosis is based purely on a lab test; labs make errors too.
4. Your physician says that you have a rare illness even though your symptoms are pretty common.
5. You are diagnosed for an ailment that normally requires a specific test, which you never received.

In 2005, the Journal of American Medical Association reported that studies of autopsies revealed that doctors misdiagnose ailments 10 percent of the time.

In 2006, the Annals of Internal Medicine published a report that said that simple physician-related errors caused nearly 60% of incidents where patients sustained injuries because of misdiagnosis or delayed diagnosis.

Out of 307 medical malpractice claims, 30% of the patients died. Nearly 60% of the patients reported personal injury. 187 incidents were attributed to mistakes made during diagnosis. Wrong diagnosis, failure to diagnose, and delayed diagnosis are just some of the many kinds of medical malpractice errors that can occur.

Doctors, nurses, surgeons, dentists, and other medical professionals are obligated to provide all patients with proper medical care, including proper and timely diagnosis. Failure to do so is considered medical malpractice and can be grounds for a claim or lawsuit from any injured parties.

Here are a few Florida statistics regarding medical malpractice provided by WrongDiagnosis.com:

• 13,498 (7.2%) medical malpractice payment reports were made against physicians in Florida 1990-2003 (2003 Annual Report, National Practitioner Data Bank, US DHHS).
• 353 (7.9%) medical malpractice payment reports were made against nurses in Florida 1990-2003 (2003 Annual Report, National Practitioner Data Bank, US DHHS).
• 5.0% of medical malpractice payment reports made against dentists were in Florida 1990-2003 (2003 Annual Report, National Practitioner Data Bank, US DHHS).

If you or someone you love has been the victim of medical malpractice, you should contact a medical malpractice attorney immediately.

Has your illness been misdiagnosed?, CNN.com

Medical Malpractice in Florida: Related Medical Malpractice Statistics, Wrong Diagnosis?

Annals of Internal Medicine

Related Web Resources:

Medical Malpractice, Insurance Information Institute

Medical Malpractice/Litigation News, Medical News Today

Continue reading " 5 Reasons to Suspect Wrongful Diagnosis and A Few Florida Medical Malpractice Statistics " »

The use of a Taser to arrest a University of Florida student at a Senator John Kerry forum last week is raising questions as to whether campus police used excessive force.

Use of excessive force by law enforcement officers can be grounds for a personal injury or wrongful death lawsuit if the victim is injured or killed as a result.

Video footage from last Monday’s event shows journalism student Andrew Meyer, 21, repeatedly and “heatedly” questioning Kerry on why he conceded the 2004 election following reports of rigged electronic-voting machines and disenfranchised black voters.

Meyer refused to leave the microphone after his time was up. Campus police tried removing him from the area and a struggle ensued. Meyer can be overheard on the video saying he will leave the auditorium if the police release him. The police officers can be heard threatening to Taser Meyer.

Meyer is heard pleading “Don’t Tase me, bro, don’t Tase me,” saying he will leave the premise. He then screams in pain when the electric shock weapon is applied.

Two campus officers were placed on paid administrative leave after the incident. The University of Florida says that the administration and police are going to examine whether changes to protocols need to be made. The university has asked the Florida Department of Law Enforcement to assess the incident also.

A Taser is a gun that fires pronged darts into the skin or clothes of a person and emanates 50,000 volts into the body for five seconds at a time. Instant collapse and uncontrollable muscle contraction is what usually results. Persons that have been hit by a Taser say that the pain is debilitating and extreme.

In the last six years, over 70 people have died in the United States and Canada while in police custody after a Taser was applied to them. Autopsy results from five of those cases show that Taser shock was the primary cause of death. The Taser was considered a likely contributing cause in several of the deaths. A forensic pathologist hired by Amnesty International says that deaths where heart failure, head injuries, and drug use were listed as the main causes can also be partially attributed to Tasers.

A study by Amnesty International says that there have been 17 deaths involving Tasers in Florida since 2000, including deaths that occurred in Naples, Pensacola, Delray Beach, and Hollywood.

If you have been a victim of excessive violence by police—even during an arrest—you are entitled to legal representation by a personal injury lawyer. Your attorney can determine if police brutality was involved and whether you have grounds to file a personal injury lawsuit.

Florida College Student Who Was Tasered, Arrested at John Kerry Campus Forum Is Released From Jail, Fox News, September 18, 2007

Taser Concerns Grow As Death, Injuries Mount, The New Standard, April 27, 2007

Taser sales to public worry officers, Tampabay.com, March 5, 2007

Related Web Resources:

University of Florida Police Department

Taser

Continue reading " University of Florida Campus Taser Arrest Raises Questions of Police Brutality " »

Antonia Flores Hernandez has filed a personal injury lawsuit against the St. Lucie County Sheriff’s Office in Florida. She claims that she spent three months being treated at a hospital and nearly lost her leg after she was apprehended by a K-9 after she left the scene of a motor vehicle accident. In her lawsuit, Hernandez, a Mexican national, claims that use of the K-9 by the sheriff’s office constituted the use of illegal excessive force.

On January 2, 2006, Hernandez was involved in a motor vehicle crash where she was a passenger in one of the cars that were involved. The motor vehicles sustained minor damages and no one was hurt. The driver, however, fled the accident scene. She got scared and also left before police arrived.

The sheriff’s office ordered a K-9 unit and a helicopter to search for Hernandez and the male driver. Deputy Shawn Masters, who is also named as a defendant in the lawsuit, took his K-9, named Bacchus, with him, and together they apprehended Hernandez. The lawsuit says that the officer did not issue warning to let her know that he was about to release the dog.

The dog allegedly bit Hernandez in the leg a number of times and dragged her to the floor. Her injuries included a completely lacerated artery just above the knee. She now walks with a limp, is at risk of getting an infection, and her leg has permanent scars.

Hernandez is suing for damages.

Police officers are legally obligated to ensure that they don’t exercise excessive force when apprehending suspects. Excessive violence by police officers is considered police brutality and can be grounds for a personal injury lawsuit—even if the victim committed a crime.

Also, a dog owner or the person responsible for a dog has to make sure that the dog does not harm others. Failure to do so is grounds for a dog bite claim or lawsuit.

Florida’s Dog Bite Law:

767.04 Dog owner's liability for damages to persons bitten.--The owner of any dog that bites any person while such person is on or in a public place, or lawfully on or in a private place, including the property of the owner of the dog, is liable for damages suffered by persons bitten, regardless of the former viciousness of the dog or the owners' knowledge of such viciousness. However, any negligence on the part of the person bitten that is a proximate cause of the biting incident reduces the liability of the owner of the dog by the percentage that the bitten person's negligence contributed to the biting incident. A person is lawfully upon private property of such owner within the meaning of this act when the person is on such property in the performance of any duty imposed upon him or her by the laws of this state or by the laws or postal regulations of the United States, or when the person is on such property upon invitation, expressed or implied, of the owner. However, the owner is not liable, except as to a person under the age of 6, or unless the damages are proximately caused by a negligent act or omission of the owner, if at the time of any such injury the owner had displayed in a prominent place on his or her premises a sign easily readable including the words "Bad Dog." The remedy provided by this section is in addition to and cumulative with any other remedy provided by statute or common law.

Woman sues St. Lucie sheriff over K-9's bite, PalmBeachPost.com, September 14, 2007

Dog Bite Law, Florida

Related Web Resources:

St. Lucie County Sheriff's Office

Police Brutality, Human Rights Watch

Continue reading " Woman Sues St. Lucie Sheriff in Florida For Injuries Caused by K-9 Dog " »

At least two people were injured early Tuesday in a car accident on Interstate 75 in Hillsborough County.

The Florida Highway Patrol say the accident took place after 2am in Gibsonton when an SUV ran into the back of a semi-truck. The SUV went over a guardrail, overturned a number of times, and landed in an embankment. One person was thrown from the SUV.

The woman and the toddler in the SUV were flown to a hospital. The truck driver was not injured. Police say that the family in the SUV had been traveling all night.

Injuries in a car accident or any kind of motor vehicle accident can be grounds for filing a personal injury claim if you were injured because another person was negligent or careless on the road. A personal injury attorney can help you investigate the accident and the evidence to prove your case so that you can receive compensation for your injuries.

Rear-End Collisions
Rear-end collisions is one of the most common kind of motor vehicle accident, according to the National Safety Council. This type of crash occurs when one motor vehicle runs into the back of another motor vehicle. According to the NHSTA, rear-end collisions make up 29% of all motor vehicle accidents in the United States

While whiplash is a common injury resulting from rear-end collisions, and this type of accident typically results in minor injuries. There are serious accidents involving rear-end crashes that can result in serious injuries, including internal injuries, spinal cord injuries, traumatic brain injuries, broken bones, and death.

The kind of injuries sustained in a rear-end accident can depend on a number of matters:

• Whether the accident victims were wearing seatbelts
• How fast the motor vehicles in the accident were going at the time of the collision
• What the road conditions were like at the time of the crash
• The sizes and weights of the motor vehicles involved
• Whether the injury victims knew that the accident was about to happen

Although Florida's PIP (Personal Injury Protection) coverage, required by all drivers, covers injury expenses up to a certain amount--regardless of who was at fault, you may still need to sue a liable party if the injuries sustained in the accident are so serious that the costs for recovery go beyond your PIP coverage.

Accident on I-75 injures at least two, MyFox, September 18, 2007

Driver Fatigue, Rear-End Collisions May Come to a Halt, Cars.justelite.net

Related Web Resources:

National Highway Traffic Safety Administration

National Safety Council

Continue reading " Florida Highway Patrol Investigates Car Accident that Injured Two People on Interstate 75 " »

Chrysler LLC has announced that it is recalling close to 300,000 sports utility vehicles because of possible break problems. The recall affects over 90,000 2007 Jeep Wrangler SUVs, over 156,000 Jeep Grand Cherokees and Commander SUVs from 2006 and 2007, and close to 50,000 2007 Dodge Nitro SUVs.

The recall comes after the car manufacturer received some 20 complaints from drivers that experienced break delays when trying to stop after driving up a hill. So far, the problem has been cited as the cause of one motor vehicle accident. No personal injuries have been reported so far.

Chrysler says it will fix the problem by reprogramming the computer connected to the antilock brake system. It is also recalling 2007 Chrysler Sebring convertibles and some 72,333 Dodge Avenger sedans because of problems with the locks and front door latches.

The Honda recall involves a seal that could let salt and moisture enter the rear wheel bearing and cause corrosion, which could cause the wheel to fall off and lead to a motor vehicle crash. Two customers have filed complaints with Honda.

The Federal Motor Vehicle Safety Standards has a series of requirements that a motor vehicle must meet to be considered safe for drivers and passengers. A recall must be issued if a particular make or model of car, truck, or motorcycle (or any of their motor vehicle parts or equipment) has gone into the marketplace and does not meet these standards or exhibits a defect that places people’s lives at risk.

Some safety defect examples include:

• Problems with a vehicle’s wiring system
• Air bags that deploy when they are not supposed to
• Defective accelerator controls
• Malfunctioning accelerators
• Faulty steering components
• Engine cooling fan blades that are fragile
• Defective seat belts

If you or someone you love has been seriously injured in a traffic accident because of a defective motor vehicle or motor vehicle part, you should contact a personal injury attorney right away.

Chrysler Recalls Nearly 300,000 SUVs, AP, September 15, 2007

Related Web Resources:

Federal Motor Vehicle Safety Standards and Regulations

Chrysler LLC

Honda Motor Company

Continue reading " Chrysler Announces Recall of Almost 300,000 SUV and Honda Recalls Over 180,000 Civics " »

Phillina Anderson, a Palm Beach County resident, has been arrested for allegedly abusing an elderly nursing home resident at a South Florida facility.

Law enforcement officers with the Attorney General’s Medicaid Fraud Control Unit apprehended Anderson after a witness reported seeing Anderson strike an 89-year-old Alzheimer’s patient across the face.

At the time of the alleged assault, Anderson was working at the Glades Health Care Center in Pahokee. A witness said she heard Anderson tell the patient to shut up and then she slapped the elderly woman in the face so hard that the victim cried out. Anderson’s supervisor reported the attack to authorities.

Anderson is charged with one count of abuse of an elderly person. She could face up to 5 years in prison and a $5,000 fine.

If you think that your loved one is a victim of nursing home abuse, you should look into the situation immediately. Often, a person is at a nursing home because he or she is ill or physically weak and needs the help and care of others. If your loved one is being abused, he or she may not be able to even speak out about what is happening.

Some common symptoms of nursing home abuse and neglect:

• Extreme agitation by the victim
• Rocking, biting, or sucking
• Not wanting to be around people
• Unexplained bruises, scratches, or broken bones
• Extreme and quick weight gain or weight loss
• Dehydration
• Bedsores
• Malnutrition
• Wrongful Death
• Sepsis

Abuse at nursing homes and of the elderly can consist of physical abuse, sexual abuse, verbal abuse, emotional abuse, and neglect.

Abuse of the elderly where the victim has grounds to file a claim or lawsuit does not always have to occur at a nursing home. It can even occur at the elderly person's home. Elder abuse is a growing problem in the United States.

Nursing Home Employee Charged in Patient Abuse, North County Gazette, September 11, 2007

Related Web Resources:

Elder Abuse Prevalence and Incidence, Elder Abuse Center

Nursing Home Abuse Resource

Continue reading " Palm Beach County Nursing Home Worker Arrested for Elder Abuse in Florida " »

Two photographers died on Tuesday when the helicopter that they were riding in for work fell into the Gulf of Mexico close to Casey Key. Thomas Newby, 50, was Powerboat Magazine’s chief photographer. Mark Copeland, 44, was an Emmy-winning video photographer. The two men had been photographing a model riding a speeding Cigar Boat on the Gulf.

The pilot of the helicopter, 44-year-old Mark A. Watters, was critically injured in the accident. According to the Sarasota County Sheriff’s Office, the helicopter's skids may have grazed the water, resulting in it overturning and falling into the Gulf just one mile from shore.

Boats operated by the Sheriff’s Office, the Sarasota Police Department, the Coast Guard, the Florida Fish and Wildlife, and the sheriff’s helicopter all searched the area for survivors.

All three victims were taken by boat to the Crow’s Nest restaurant on Venice Island. Copeland and Newby died by the time the arrived at the island.

Watters was flown to Bayfront Medical Center. He has 20 years experience working as a military helicopter pilot and is known for his ability to fly at high speeds at low altitudes for racing photography purposes.

The model and the boat’s driver were not injured in the helicopter accident, but debris from the helicopter struck the boat and caused damage.

The National Transportation Safety Board is investigating the cause of the accident to determine whether it was caused by human error or mechanical failure, such as component part failure, engine failure, and loss of the main rotor control.

Statistically, up to 85% of helicopter crashes are caused by human-related factors. At least 10% of helicopter accidents can be attributed to material failures.

Aviation accidents frequently lead to serious injury or wrongful death. While worker’s compensation benefits prevents an employee that is injured or killed on the job from suing an employer, the injury victim or the survivors of the deceased may have grounds to sue any third liability parties, such as the manufacturer of the airplane or helicopter, the aviation company, or third-party contractor, for personal injury or wrongful death.

Some common causes of helicopter crashes:

• Unqualified or inexperienced pilot
• Pilot negligence or error
• Mechanical failure
• Overloaded helicopter
• Defective or malfunctioning rotor gear box, turbine head, intermediate gear box, and other parts
• Breach of warranty

Helicopter crash in Gulf kills 2, HeraldTribune.com, September 12, 2007

Related Web Resources:

Helicopter Crashes During Magazine Photo Shoot, Powerboat Magazine

Aviation, NTSB

Continue reading " Two People are Killed in Helicopter Crash in Gulf of Mexico Near Florida " »

A 77-year-old man died last Thursday after being struck by a car while crossing the street in Largo. According to the Florida Highway Patrol, the man was walking across Seminole Boulevard on the evening of September 6 when he stopped at the center divide. He then stepped in front of the path of a 2006 Honda Civic as he tried to cross the northbound lane.

The elderly pedestrian fell onto the hood of the car and then onto the ground. He was declared dead at Bayfront Medical Center in St. Petersburg.

The 22-year-old driver of the Honda stopped at the accident scene, and no charges were filed.

Although there are pedestrian-related deaths and injuries that do occur because the pedestrian was at fault, there are also many pedestrians accidents that occur on Florida’s roads every year because of driver negligence or carelessness.

A 2005 National Highway Transportation Safety Administration survey singled out Florida as the deadliest state for pedestrians. The NHTSA cited 3.24 deaths for every 1,000 residents.

Last year, 29 pedestrians were killed in traffic accidents in Pinellas. 465 pedestrians sustained injuries in motor vehicle-related crashs. 112 of the pedestrians that were injured had been using crosswalks, as had 5 of the pedestrians that died.

Although a pedestrian cannot prevent a bus driver, car driver, or motorcyclist from exercising caution on the roads, there are safety measure that a person crossing the street can take to lower the chances of becoming the victim of a pedestrian accident.

The Federal Highway Administration offers the following “crossing rules” for pedestrians:

• Always use a marked crosswalk when one is available. The bright white lines of a crosswalk remind motorists to look out for pedestrians.
• STOP at the CURB, edge of road, corner or parked vehicle before proceeding across.
• Look left-right-left, and if it's clear, begin crossing.
• Continue to check for traffic in all directions, especially for vehicles turning "Right-on-Red.
• If there is traffic, make eye contact with the driver/s so they see you, understand your intention, and STOP before you start to cross.

Man, 77, killed when he steps into path of car, St. Petersburg Times, September 8, 2007

Crossing Advice for Pedestrians, FAA

Related Web Resources:

Road Safety for Elderly Pedestrians, Loyola University Health System

Pedestrian Crash Facts, Walkinginfo.org

Continue reading " 77-Year-Old Pedestrian Dies in Florida After Being Struck by Car in Largo " »

11 middle school children were taken to hospitals around the Tampa, Florida area last Tuesday morning, after the school bus they were riding in went off the road and ran into the treeline on South Falkenburg Road in Riverview.

About 30 kids were on the bus at the time of the accident. Police say that the driver may have struck a curb and lost control of the large motor vehicle.

Bus driver Eugenie Schuler, was given a citation for careless driving. The students all study at Giunta Middle School in Riverview.

School Bus Accidents
According to national data from 2006, some 17,000 school kids are sent to emergency rooms because they were injured in a school bus-related accident. 25% of those accidents occurred while a child was getting on or off the bus.

Injuries can range from minor cuts and bruises to broken bones, disfigurement, and wrongful death. Bus driver error, mechanical failure, speeding, drunk driving, dangerous roads, improper maintenance, and driver negligence are some common causes of school bus accidents.

When parents puts their child on a school bus, they very likely have the expectation that their son or daughter is in safe hands. It can be especially traumatic for a child and his or her family when a serious injury results while going to or coming home from school. If your child is injured in a school bus-related collision, you could have grounds for filing a personal injury lawsuit.

Injuries to Minors
In Florida, you must be 18 years of age or older to file a personal injury claim or lawsuit. Otherwise, a parent, guardian, or another adult must file the claim for you. This will allow your child to get the compensation that he or she needs for the medical care required for recovery.

If your child is injured in a school bus crash, you should speak with a personal injury lawyer first before speaking to the school, the school bus company, or with any insurance companies. A personal injury attorney can apprise you of your rights and prevent you from reaching a settlement that is less than what you deserve and doesn’t take into account all the costs, pain, and suffering associated with your child’s bus injury.

School bus driver cited in Riverview crash, Tampabays10.com, September 4, 2007

School bus injuries much higher than thought, MSNBC.com/AP, November 6, 2007

Related Web Resources:

Opinions vary on school bus seat belts, Pantagraph.com, September 7, 2007

Traffic Safety, NHTSA

Continue reading " 11 Children are Injured Near Tampa in Florida School Bus Accident " »

Mattel Inc. and the Consumer Product Safety Commission are recalling more toys because they contain too much lead paint. This is the third massive recall by Mattel in a little over one month, and more than 21 million toys have been affected.

This recall includes 675,000 Barbie accessories, 8,900 Big Big World 6-in-1 Bongo Band toys and 90,000 GeoTrax locomotive lines.

So far, there are no reported injuries or deaths that have been attributed to lead paint exposure from this latest group of toys. Lead paint poisoning caused by exposure to a defective or dangerous product, however, can be grounds for a personal injury lawsuit by an injured person.

Dangers of Lead Exposure for Children

Children 6 years of age and under—including fetuses—are at high risk of having their health affected by exposure to lead.

Lead interferes with the development of the central nervous system and the brain, and exposure to lead can lead to learning disabilities, IQ deficits, stunted growth, slowed growth, impaired hearing, behavioral difficulties, and death.

Some symptoms associated with lead poisoning:
• Headaches
• Stomach aches
• Loss of appetite
• Irritability

As these symptoms are frequently associated with other common illnesses, it can be difficult to determine whether or not they are signs of lead poisoning. Getting your child tested for lead poisoning is the only way to confirm whether they have been exposed to lead.

Lead is also dangerous for adults, and can lead to various health problems, such as the following:

• Fertility problems
• Problems during pregnancy
• Digestive problems
• Nerve problems
• High blood pressure
• Memory problems
• Muscle problems
• Joint problems

A products liability claim or lawsuit allows the injury victim the opportunity to hold the negligent party responsible for the defective or hazardous product that caused the personal injury. A product’s manufacturer, distributor, and seller are some of the parties that can be held responsible in a products liability case.

More than 20 million toys have been recalled since 2001. While some of the toys were recalled because they came with small magnets that could easily be swallowed by children, the majority of the toys called back were because of lead paint concerns.

RECALL: 800,000 more Mattel toys over lead paint fears, Sun-Sentinel.com, September 5, 2007

Challenges for Mattel after 3rd recall, IHT.com, September 5, 2007

Health Effects on Children, NSC.org

Lead: Basic Information, EPA.gov

Related Web Resources:

U.S. Consumer Product Safety Commission

Product Recalls, Mattel

Continue reading " More Mattel Toys are Recalled Because Of Excessive Lead Paint " »

In Hollywood, Florida, Shaina Scott, 21, died at Memorial Regional Hospital where she had undergone surgery after the deadly motorcycle crash where she was thrown from her from the motorcycle she was riding on Friday. The driver of the motorcycle, 24-year-old Erick Tenaille, died at the accident scene.

The Florida Highway Patrol is investigating the fatal traffic accident. Larry Ranko, the driver of the Acura, was heading northbound on a southbound I-95 just north of Griffin Road when the deadly crash occurred. Ranko was treated at Broward General Medical Center where he was reportedly in serious condition. The highway patrol is still trying to determine whether to file charges, if alcohol was involved, and why Ranko was driving down the freeway but going in the wrong direction.

In 2006, Ranko pleaded guilty to driving without headlights, driving on the wrong side of the road, and driving to the left of the center line. He also had his license suspended and served two years’ probation for heroin possession in 1997.

Shaina’s roommate and two other motorcyclists were riding along Shaina and Erick when the deadly accident occurred.

The National Highway Traffic Safety Administration says that 432 people were killed in the U.S. because of wrong-way accidents in 2005.

Florida transportation officials, however, say that the state’s roads are purposely designed to prevent wrong-way accidents. There are signs in red and white warning drivers that they are going the wrong way on the freeway. Medians are set up to prevent someone from entering the highway from the wrong direction.

Because a motorcycle rider doesn’t have anything to protect him or her in a motorcycle collision—especially when crashing into a car, truck, or bus, motorcycle riders and drivers are prone to catastrophic injuries and death when involved in a motor vehicle crash. In Florida, motorcycle riders are not required to wear helmets, which can leave unhelmeted heads exposed the entire time. Tenaille, a Coral Gables resident, was not wearing a helmet on Friday.

Some of the injuries that can occur in a motorcycle accident:

• Broken bones
• Disfigurements
• Severed limbs
• Head injuries
• Severe burns
• Brain damage
• Spinal cord injuries
• Neck injuries
• Back Injuries

The Insurance Information Institute days that 4,787 died in motorcycle crashes in 2006.

Motorcycle passenger dies from injuries in I-95 head-on crash, Sun-Sentinel.com, September 1, 2007

Motorcycle Crashes, Insurance Information Institute

Related Web Resources:

Evaluation of the Repeal of the All-Rider Motorcycle Helmet Law, NHTSA.dot.gov

Continue reading " Motorcycle Passenger Dies After Head-On Collision with Acura in Florida " »

The mother of Amber Kraus, a 15-year-old girl who died during a parasailing accident at a resort in Pampano Beach, Florida has filed personal injury and wrongful death lawsuits against Island Waves Parasail and Wyndham Vacation Resort. Amber Kraus’s sister Crystal, 17, was also injured in the parasailing accident.

The Broward Sheriff’s Office says that the fatal accident took place on August 18, while a 28-foot-boat belonging to Island Waves Parasail pulled the girls on a parasail.

The boat captain says that the winds suddenly accelerated from 15 mph to approximately 40mph. The wind dragged the boat to shore and the hydraulic winch was unable to lower the parachute. The two girls spend two minutes hovering over the beach until the parachute started to spin out of control. The line broke and the two teenagers flew onto the roof of the Beachcomber Hotel and Villas and through a number of trees in its courtyard where their parachute left them hanging.

The plaintiff’s side says that Island Waves Parasail should not have taken the girls out in such bad weather. It also blames the Palm Beach Gardens company for not having the proper equipment and using an inexperienced driver. The girls also allegedly told the driver at one point that they wanted the operator to bring them down from the air but that the operator refused to do so.

The Leighton family is from Ocala, Florida. They are suing Wyndham Vacation Resort because the resort arranged the parasailing trip for the girls. The lawsuits were filed in Miami.

Personal Injury Cases
When a person is seriously injured in an accident because another party acted negligently, carelessly, or recklessly, a personal injury claim or lawsuit can be brought against the responsible party. The claim or lawsuit allows the injured person to claim damages, such as compensation for pain and suffering, medical costs, and lost wages.

If you are seriously injured in any kind of accident that was someone else’s fault, you should speak with a personal injury lawyer immediately. Your attorney can deal directly with any other parties so that you are not persuaded to reach a settlement that will not cover all your costs and give you the compensation that you deserve.

Wrongful Death Cases
A wrongful death claim or lawsuit can be brought by mothers, fathers, sons, daughters, husbands, and wives that have lost loved ones in personal injury accidents caused by the negligence of others. While obtaining compensation in a wrongful death case cannot bring your loved one back, it is an acknowledgment of your loss and a way to hold the responsible party liable. It also provides the surviving loved ones a means of financial recovery for medical costs related to their loved ones’ death, funeral costs, burial or cremation expenses, and compensation for lost income and benefits brought about by the death.

Mother Files Lawsuit After Parasail Accident, Local10.com, August 29, 2007

Related Web Resources:

Teen Taken Off Life Support After Parasail Crash, Local10.com, August 22, 2007

Personal Injury, Nolo

Continue reading " Florida Mother Files Wrongful Death and Personal Injury Lawsuits Against Wyndham Vacation Resort and Island Waves Parasail " »

The 17-year-old son of wrestling star Hulk Hogan was seriously injured on August 26 in a car accident. The accident took place on SR60. According to police, Hogan’s son, Nick Bollea was speeding when his car drove off the highway and hit a palm tree just east of downtown Clearwater on Court Street.

Bollea and his passenger, John Graziano, 22, both sustained injuries. Both men had to be cut from the Toyota Supra. They were airlifted to St. Petersburg and treated at the Bayfront Medical Center where Graziano was listed in critical condition.

Hogan’s son has appeared on the hit TV show “Hogan Knows Best,” where he is credited under the name Nick Hogan. He is a professional driver on the drifting circuit and earned his Formula Drift License last year.

In the last year, Bollea, who has had his driver’s license for just one year, has received three traffic citations. He was first cited on September 16, 2006 for driving at 115mph in a 70 mph zone. His second citation was for driving 57 mph in a 30 mph zone. Bollea was caught for driving 106pmh in a 70 zone for his third citation.

If you or someone you love is seriously injured in a car accident caused by a negligent driver, you should speak with a personal injury attorney right away.

Florida has a “No-fault” law that obligates motor vehicle drivers to have personal injury protection worth at least $10,000 to cover medical expenses and lost wages regardless of who is at fault. Injured persons in Florida can, however, collect damages from the negligent driver for permanent or serious injury or death and other related losses.

Car Accident Statistics:

• About 6 million car accidents take place on U.S. roads every year.
• Over 3 million people a year sustain injuries in motor vehicle accidents.
• More than 40,000 people die in car accidents each year.
• 30% of car accident fatalities are caused by speeding.
• Traffic accidents is the number one cause of death for people 30 years of age and under.

Hogan's Son Injured In Car Wreck, Canyon News, August 29, 2007

Nick Hogan's Track Record, TMZ.xom, August 28, 2007

Car Accident Statistics, Lawcore.com

Related Web Resources:

End near for no-fault auto insurance law, Palmbeachpost.com, August 22, 2007

Read the Docket from 08/28/07 (PDF)

Continue reading " Hulk Hogan’s Son is Seriously Injured in Florida Car Accident " »