Florida Injury Attorney Blog

A judge has rejected a request by the University of Central Florida to dismiss the wrongful death lawsuit filed by the parents of Ereck Plancher. The 19-year-old UCF wide receiver died after collapsing during practice drills in March 2008. His parents, Giselle and Enoch Plancher, sued the school and its athletic association for wrongful death.

According to one news source, the plaintiffs are claiming that the school, the association, and coaching and training staffers were negligent for failing to notify the college football player that he tested positive for a sickle sell trait that can result in death from exhaustion. School officials, however, say that they did tell the 19-year-old about his condition and they had been monitoring him.

Plancher’s parents have accused coaches and trainers of ignoring the dizziness, exhaustion, breathing problems, and other symptoms of severe exhaustion that their son experienced during the off-season conditioning workout that turned fatal for him. Attorneys for the defense argued that because Plancher signed waivers relieving UCF of liability for medical conditions, the school and association cannot be sued. The judge, however, disagreed.

Now, there is news of another another possible Florida wrongful death lawsuit involving an athlete victim. Triathlete Dorothy Barnett-Griffin died after participating in the 2007 Ford Ironman Florida. Barnett-Griffin, 43, never regained consciousness after passing out during the swim portion of the triathlon in the Gulf of Mexico. The medical examiner’s office determined her cause of death was a brain injury resulting from not enough oxygen.

During Ironman competitions, participants are expected to swim 2.4 miles, run 26.2 miles, and bike 112 miles. About 2,200 people take part in this rigorous race.

In 2006, Bernard Rice, a 35-year-old Ironman participant, died after suffering a heart attack while swimming during the Ironman race. The Florida wrongful death lawyer for this lawsuit accused organizers of insufficient staffing and providing inadequate medical equipment.

If your son or daughter died while participating in an athletic or recreational event and you believe that death was caused or could have been prevented if only the parties overseeing, organizing, or supervising the activity did not act negligently, carelessly, or recklessly, you may have grounds for filing a Florida wrongful death lawsuit.

Triathlete's death may bring lawsuit, Orlando Sentinel, October 12, 2009

Lawsuit Continues In UCF Football Player's Death, Wesh.com, October 9, 2009

Family of Ereck Plancher to file wrongful death suit against UCF, NaplesNews.com, August 2, 2008

Related Web Resources:
2009 Florida Statutes

UCF Football

Ironman Florida

The US Drug Watchdog is directing its national consumer alert about Fixodent and Super Poligrip to all denture cream users because of concerns that both products may cause zinc poisoning. About 35 million people in the US use denture cream to keep their false teeth in place. Many of them may not be aware that some of the physical symptoms they are experiencing are signs of hypocupremia or neuropathy.

While the US Food and Drug Administration does not require Super Poligrip or Fixodent to come with the warning that excessive use can lead to neurological problems or zinc poisoning, the University of Texas Southwestern Medical Center revealed that Poligrip and Fixodent contained high levels of lead.

Our Miami denture cream lawyers represent clients throughout Florida who are suffering from zinc poisoning because they used a dental adhesive cream. Some of these conditions may become permanent if not treated as soon as possible. You have have grounds for filing a denture cream lawsuit.

Neuropathy symptoms:
• Movement difficulties
• Muscle spasms
• Muscle weakness
• Balance problems
• Tingling, weakness, pain, or numbness in the extremities
• Abnormal heart rate or blood pressure
• Constipation
• Perspiration problems
• Sexual dysfunction
• Bladder dysfunction

Hypocupremia (caused by decreased copper levels) symptoms:
• Fatigue
• Copper deficiency
• Edema
• Hair loss
• Skin sores
• Decrease in growth
• Diarrhea
• Anorexia

Fixodent manufacturer Proctor and Gamble Manufacturing Corp and GlaxoSmithKline PLC, the maker of Super Poligrip, already face numerous products liability lawsuits from plaintiffs who sustained serious injuries because of denture cream poisoning.

While the recommended zinc allowance for women is 8 mg/day and for men is 11 mg/day—40 mg is the maximum that is considered safe—certain denture creams can expose users to up to 330 mg/daily.

Drug makers can be held liable for Florida products liability if their drug is dangerous enough to cause injury, illness or death or the manufacturer neglected to warn about potential side effects or adverse reactions that might occur when using the medical product.

The US Drug Watchdog Expands its National Consumer Alert on the Denture Creams Super Poligrip and Fixodent, PR Web, October 14, 2009

Fixodent and Super PoliGrip Lawsuits Mount Over Denture Cream Poisoning, About Lawsuits, October 1, 2009

Related Web Resources:
Fixodent, Proctor and Gamble

GlaxoSmithKline, PLC

US Drug Watchdog

The family of 9-year-old Devin Olmstead is suing the Palm Beach International Raceway, the tracks investors, go-kart maker Carter Brothers, and go-kart engine manufacturer Briggs & Stratton for Palm Beach personal injury. The Florida injuries to minor complaint comes more than four months after Olmstead was seriously injured in a go-kart accident at the raceway on May 25.

Olmstead was at the raceway celebrating his ninth birthday. According to the family’s Palm Beach injury lawsuit, Olmstead sustained critical injuries when the go-kart he was riding flipped and burst into flames. The 9-year-old has serious burn injuries from his torso to his chin. He also lost all 10 fingers.

The family’s Florida injuries to minors complaint says that the go-kart flipped over because the portion of the raceway was unevenly paved. The family’s Palm Beach injury lawyer says there were no race track employees nearby to help and someone in the stands had to rush over to rescue the boy.

The family is accusing the raceway of not properly maintaining the track surfaces, inadequate supervision, failure to keep fire extinguishers nearby, and not having phones in the vicinity in the event of an emergency. The plaintiffs are suing Carter Brothers and Briggs & Stratton for products liability. The injury lawsuit contends that the go-kart leaks fuel when turned upside down. The US Consumer Product Safety Administration has been examining the go-kart’s design.

Go-kart accidents are motor vehicle accidents that can result in serious injuries for the victims, who are not as protected as they might be within the confines of regular motor vehicles that come with built-in safety features. If your loved one was injured in a Florida motor vehicle accident involving a defective go-kart or because of negligence on the raceway company’s part, you may have grounds for filing a personal injury lawsuit.

In 1999, a jury awarded $1 billion to a woman who sustained serious burn injuries when her go-kart flipped over and burst into flames while on the raceway at Johnson's Park Go-Kart track in Pensacola. Jennifer Cowart was trapped in the burning vehicle until her seat belt burned through and she fell out of the Go-Kart. She had burn injuries on 93% of her body. She died 10 months after undergoing treatment for her injuries in 1993.

Family sues raceway over son's go-kart crash, Sun-Sentinel, October 5, 2009

Boy critically injured after go-kart crash, WPTV, May 26, 2009

Related Web Resources:
Palm Beach International Raceway

Go-Kart operating tips

This week, lawmakers, safety experts, law enforcement officials, and members of the public turned the spotlight on distracted driving. More than 250 people attended the US Department of Transportation’s Distracted Driving Summit, which focused on the dangers of multitasking while driving. Cell phone use and texting while driving, now the main means that many people communicate, were among the primary distracted driving habits that were discussed.

Statistics from 2008, provided by the National Highway Traffic Safety Administration, reported close to 6,000 distracted driving deaths and more than half a million injuries. During any day last year, over 800,000 drivers used a handheld cellular phone while behind the wheel.

On Wednesday evening, President Obama signed an executive order banning federal workers from texting when they are riding a government-owned motor vehicle or while driving while on the job. Yesterday, the Obama Administration announced that it will press US states to pass distracted driving laws. The government also says that it is working on banning interstate bus drivers and truck drivers from text messaging while driving.

According to Virginia Tech researches, reaching for an electronic device or dialing a phone increases any driver’s crash risk by 6 times. Truckers who text increase their truck accident risk by 23 times. Car and Driver magazine says texting while driving is even more dangerous than driving under the influence of alcohol.

There are no laws in Florida banning people from texting or that restricts cell phone use while driving. This means that Florida motorists are free to engage in both activities without fear of any legal repercussions—but that doesn’t mean that there are no tragic consequences that can ensue.

As US Transportation State Ray LaHood reminded summit attendees, it only takes a few seconds for a catastrophic car accident to happen. It takes many distracted drivers even longer to dial a cell phone, read text messages, fiddle with an iPod, surf the web, paint their nails, or read a magazine.

Distracted drivers can be held liable for Florida personal injury or wrongful death.

Texting while driving banned for federal workers, Los Angeles Times, October 2, 2009

Govt: Nearly 6,000 deaths from driver distraction, AP, September 30, 2009

Related Web Resources:
Distracted Driving Summit, US Department of Transportation

National Safety Council

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