Florida Injury Attorney Blog

Jaime Simon has filed a Broward County, Florida hip implant injury case against Stryker Orthopedics for complications linked to the company's Stryker Rejuvenate hip device. Alleging breach of warranties, negligence, manufacturing defects, design defects, and failure to warn, the plaintiff wants the defendant to cover related expense, including medical costs.

In the Florida hip implant lawsuit, Simon, a West Palm Beach resident, complains of experiencing a great deal of discomfort in the area where the implant procedure occurred. While the hip device didn’t come loose, it was later discovered that a pseudotumor had formed, as well as possible fluid accumulation around the implant.

Simon also says that small fragments from the metal replacement system had entered the bloodstream, causing heavy metal ion contamination. A few months ago, the plaintiff underwent revision surgery and has since undergone inpatient rehab.

After Simon filed the South Florida defective medical device case, Stryker had moved the complaint to federal court contending that a South Florida agency named as a defendant was placed there to beat the diversity jurisdiction of the district court. Simon then sought to get the case remanded to state court and a judge has granted that request.

In July 2012, Stryker recalled the Rejuvenate hip following numerous reports of hip implant failure and related complications.

South Florida Hip Implant Lawsuits
In the past few years, metal hip replacement devices have been linked to hundreds of incidents involving medical device failure and/or metal contamination. Other complications have included pain, swelling, tissue injuries, bone loss, and femur fractures.

For implant patients, this type of device failure can take a physical and emotional toll—especially if the person is older and/or already suffering from health issues. Also, the need for revision surgery to replace the original implant has been happening way too soon for many patients, who not only had to contend with the first procedure, accompanying recovery time, and serious side effects that arose and now must undergo yet another surgery and risk more complications.

Hip implant failure seems to be a problem plaguing not just one or two manufacturers, but a number of those in the industry, including DePuy Orthopedics, which is a Johnson & Johnson company, Zimmer Holdings, Biomet Inc., Smith & Nephew, and Wright Medical Technology Inc. You want to make sure to work with a South Florida Stryker hip implant defect law firm that knows how to successfully handle this type of products liability case.

Questions and Answers about Hip Replacement, National Institute of Arthritis and Musculoskeletal and Skin Diseases, NIAMS

Stryker Initiates Voluntary Product Recall of Modular-Neck Stems; Action Specific to Rejuvenate and ABG II Modular-Neck Stems, FDA, July 6, 2012

More Blog Posts:
Florida Defective Medical Device?: DePuy Pinnacle Hip Replacement System Also Reportedly Causing Problems for Some Patients, Florida Injury Attorney Blog, March 31, 2011

Three Florida Deaths Linked to Fungal Meningitis Outbreak From Tainted Steroid Injections, Florida Injury Attorney Blog, October 19, 2012

Avastin Injections Repackaged in Hollywood, Florida Pharmacy Linked to Serious Eye Infections, Florida Injury Attorney Blog, September 8, 2011

According to the Florida Department of Health, at least three of the fungal meningitis deaths linked to the contaminated steroid that has caused a nationwide outbreak occurred in this state. These fatalities include a 78-year-old man and a 28-year-old woman. At least 13 people in Florida have fallen ill from the tainted drug, which is injected into the body as a painkiller.

The contaminated steroid, methylprednisolone acetate, originated from the New England Compounding Center in Massachusetts, and it may have been used on about 14,000 people with the national death toll hitting 20. The number afflicted with this particular type of meningitis—specifically, aspergillus meningitis—has now exceeded 230 in 16 states.

The steroids were distributed in over two dozen states. Today, the US Centers for Disease Control and Prevention confirmed that the fungus Exserohilum rostratum was found in unopened steroid vials that were part of the over 17,000 doses in the three lots that were sent out to clinics. All of the lots have since been recalled.

Already, drug injury lawsuits are being filed, including the Florida meningitis lawsuit on behalf of Godwin Mitchell, 87, whose family claims that he was paralyzed by the tainted steroid injection. Mitchell took the drug to alleviate the pain in his hip.

Even though the compound pharmacy being blamed is located out of state, Mitchell’s Florida personal injury case has been filed here because agents that the New England Compounding Center does business with are located in state. The compounding pharmacy has now shut down operation.

Fungal Meningitis
This type of condition can occur when a fungus enters through the membranes that are supposed to protect the spine and the brain. Initial symptoms may include dizziness, fever, headache, slurred speech, and nausea. If untreated, fungal meningitis can lead to strokes, permanent neurological damage, other health issues, and even death. Treatment, which usually includes intravenous antifungal medications, may require staying in a hospital for months.

If you or a loved one developed fungal meningitis after receiving a steroid injection please contact our Hollywood, Florida personal injury law firm right away. Trop and Ameen, PA, would be happy to provide you with a free case evaluation.

Compound Pharmacies
Compound pharmacies take medications and package them into different doses and strengths. Currently, the FDA has limited authority over these operations. Products that come from compound pharmacies don’t have to be FDA-approved.

Fungal meningitis outbreak claims 20 lives, Los Angeles TImes, October 18, 2012

Fungal meningitis lawsuit filed today in Orange County, Orlando Sentinel, October 18, 2012

More Blog Posts:
Avastin Injections Repackaged in Hollywood, Florida Pharmacy Linked to Serious Eye Infections, Florida Injury Attorney Blog, September 8, 2011

The US Drug Watchdog Warns all Fixodent and Super Poligrip Denture Cream Users of Possible Zinc Poisoning, Florida Injury Attorney Blog, October 14, 2009

Florida Defective Medical Device?: DePuy Pinnacle Hip Replacement System Also Reportedly Causing Problems for Some Patients, Florida Injury Attorney Blog, March 31, 2011

Continue reading "Three Florida Deaths Linked to Fungal Meningitis Outbreak From Tainted Steroid Injections" »

According to the National Highway Traffic Safety Administration, there were 32,855 motor vehicle traffic accidents in the US last year—that’s the lowest number since 1949 and a 2.9% drop from the 33,883 people who died in 2009. The number of Florida traffic deaths also went down by 4.5%, at 2,445 fatalities. There were 115 more in 2009.

Our Miami motor vehicle crash lawyers represent clients throughout South Florida that were injured in car accidents, truck collisions, motorcycle crashes, pedestrian accidents, bicycle collisions, and bus crashes. Please contact us right away if you think you may have grounds for a claim.

Nationally, U.S. Transportation Secretary Ray LaHood applauded the decline in traffic deaths. He spoke about the progress made toward improving traffic safety while acknowledging that there was more to do to protect motorists.

More US Traffic Death Facts for 2010:
• 22,187 passenger vehicle occupant deaths,1,976,000 injuries
• 12,435 passenger car deaths, 1,258,000 injuries
• 9,952 light truck deaths, 732,000 injuries
• 529 large truck fatalities, 19,000 injuries
• 4,502 motorcycle crash deaths, 82,000 injuries
• 4,280 pedestrian fatalities, 70,000 injuries
• 616 pedalcyclist deaths, 51,000 injuries

Drunk driving was a factor in 31% of fatalities. Also, not all types of traffic crashes saw a drop. The number of large truck-related deaths went up from 2009 by 6%, and there was a slight increase in the number of motorcycle crash deaths as well. There was also an increase in pedalcyclist fatalities and pedestrian deaths. Regarding accident victims that survived with injuries, NHTSA estimates that the total number of motor vehicle injury victims went up in 2010 to 2.24 million people, which is a 1.2% jump from the 2.22 million that were injured in 2009.

Even though Florida provides Personal Injury Protection, if you or your loved one suffered serious injuries in a Palm Beach car accident, you should immediately explore your options by contacting a South Florida injury lawyer. Recovering from a car crash can be tough and costly, as is losing someone you love in a collision. You may not know the extent of your injuries right away, which makes getting a good sense of how much you may ultimately owe in medical and recovery bills tough. This is another reason why you should have an experienced Hollywood, Florida car accident law firm helping you.

Obviously, any decline in Florida traffic deaths is a step forward in terms of improving vehicle safety. Unfortunately, every day, someone is involved in a car accident in this country. As experienced Boca Raton personal injury lawyers, it is our job to make sure that our clients receive all the money owed to them by all negligent parties.

Updated 2010 FARS data includes new measure of 'distraction-affected' fatalities; national attitude survey offers additional insight into problem of distracted driving, NHTSA, December 8, 2011

NHTSA 2010 US Traffic Crash Facts (PDF)

More Blog Posts:
Pro Golfer’s Son Sustains Head Injuries in Palm Beach County Semi-Truck Crash, Florida Injury Attorney Blog, December 2, 2011

Coral Gables Wrongful Death Lawsuit Seeks Damages from 19-Year-Old Allegedly Drunk Driver, Florida Injury Attorney Blog, November 3, 2011

Teen Drivers Continue to Text Despite Knowing the Dangers, Reports Liberty Mutual and SADD Study, Florida Injury Attorney Blog, October 20, 2011

Continue reading "NHTSA Reports 2,445 Florida Traffic Deaths in 2010" »

According to the Florida Department of Health, reports of streptococcal endophthalmitis infections linked to intravitreal injection of repackaged Avastin have surfaced at clinics in the Miami area. The tainted injections have been traced back to a Hollywood, Florida pharmacy that repackaged the Avastin into 1mL-single-use syringes for individual eye treatments. The pharmacy then sent the injections to the eye clinics. A single lot of Avastin was used in the repackaging of the drug.

If you or someone you loved developed a serious eye condition after getting an Avastin injection or taking any kind of medication, it is important that you speak with an experienced Miami products liability law firm right away.

Streptococcal Endophthalmitis Infections
This infection leads to the inflammation of the eye’s internal coats. This type of bacterial infection can cause severe eye damage and even blindess.

According to the US Food and Drug Administration, at least 12 patients in three Florida clinics suffered eye infections after receiving an Avastin injection. While the patients did have vision problems prior to taking the drug, some of these patients became blind after they developed endophthalmitis.

The repackaging of sterile drugs must be done in a manner that does not compromise the sterility of the medication. That said, it is the responsibility of medical professionals and pharmacists to make sure that drugs that they sell, distribute, or prescribe comes from proper sources. It is also up to drug manufacturers to make sure that their drugs are packaged in a way that will keep them sterile so that consumers don’t develop infections.

Apparently, there have been other eye infections linked to the administration of repackaged Avastin injections. The FDA says there have been four reported cases in Tennessee and five in California that resulted in blindness. One man’s family has filed a $4 million dangerous drug claim asserting that the he lost his eyesight and suffered brain damage from taking Avandia.

While Roche Holding AG's (RHHBY) Genentech unit doesn’t endorse use of Avastin to treat eye conditions, some health providers have still opted to use the drug to treat eye diseases. Avastin is normally used to treat cancer.

Compounding Pharmacies
These pharmacies make small quantities of drugs. Compounding pharmacies are not subject to FDA regulation and they don’t have to comply with the regulations and statutes other prescription meds must satisfy in order to be considered acceptable and safe for use. Compounding pharmacies can commit pharmacy errors that can result in serious injuries and even death.

Our Miami personal injury law firm represents clients injured by dangerous medication, tainted drugs, and other meds that caused serious injury or wrongful death.

"Five More Reports of Avastin Injections Causing Blindness, The New York Times, September, 1, 2011

"Eye Infections Reported After Using Roche's Avastin In 3 States,The Wall Street Journal, September 2, 2011

Related Web Resources:
Florida Department of Health

Avastin

FDA

More Blog Posts:
The US Drug Watchdog Warns all Fixodent and Super Poligrip Denture Cream Users of Possible Zinc Poisoning, Florida Injury Attorney Blog, October 14, 2009

Florida Jury Awards Pensacola Man $7 Million In Products Liability Lawsuit Against Accutane Manufacturer Hoffman-La Roche, Florida Injury Attorney Blog, October 22, 2007

Florida Defective Medical Device?: DePuy Pinnacle Hip Replacement System Also Reportedly Causing Problems for Some Patients, Florida Injury Attorney Blog, March 31, 2011

A Palm Beach Shores couple has filed a Florida products liability lawsuit over burn injuries that they sustained because the Pourable NAPAfire and FIREGEL Gel Fuel they used in their firepots erupted into flames. On June 3 Jacqueline Delgado became engulfed in flames and she had to be admitted to Jackson Memorial Hospital’s ICU. Her husband Renee also sustained burn injuries.

Two weeks after the Palm Beach County burn accident, the Consumer Product Safety Commission announced that Napa Home & Garden was recalling about 460,000 jugs and bottles of the gel fuel, which is used for firepots and other decorative lighting items. The recall comes following reports of 37 incidents, including 23 burn accidents caused by the gel fuel lighting unexpectedly while being poured into still burning firepots and spraying onto people and their clothing.

Unfortunately, because Napa Home & Garden, which is facing dozens of burn injury lawsuits, has since filed for Chapter 11 bankruptcy, obtaining Palm Beach Shores personal injury recovery from the distributor is proving challenging. The Delgados, however, have decided to sue Fuel Barons and Losorea Packaging Co., which packaged the product, TJX Companies, which runs the Marshall’s Home Goods store where Jacqueline purchased the firepots, and Manhattan’s Pharmacy where she bought the fuel.

Florida Products Liability
There are three kinds of defects that manufacturers, suppliers, and distributors can be held liable for:

• Design defects
• Manufacturing defects
• Marketing defects

With products liability, the defendant doesn’t have to have acted carelessly to be held liable. If the product is defective—even if the supplier or manufacturer exercised extreme care—he/she can be still be held responsible for Florida personal injury or wrongful death. A person can file a products liability claim on the grounds of negligent, strict liability, or breach of warranty.

Burn Injuries
Burn injuries can be extremely painful and disfiguring and very costly to treat. In addition to emergency room care, the victim may have to undergo multiple surgeries, spend time in a burn unit, undergo skin grafts, and cope with other painful procedures. Going to work, earning income, and living a normal life may prove impossible. This can take a toll on the burn victim and those that rely on him/her for financial support, companionship, and emotional support.

Burn injuries from defective products don’t even have to be fire-related. For example, certain dangerous household chemical products can cause burn injuries. Water heaters that make the water too hot can cause scald burns. Malfunctioning electrical products can cause electrical burns. There is no reason why you should have to take on the entire financial burden resulting from getting seriously hurt in an accident that wasn’t your fault.

Palm Beach County couple files lawsuit after burning incident, Sun-Sentinel/Palm Beach Post, August 3, 2011

Napa Home and Garden files Chapter 11, Garden Center Magazine, July 11, 2011

Napa Home & Garden Recalls NAPAfire and FIREGEL Pourable Gel Fuel Due to Fire and Burn Hazards, CPSC, June 22, 2011

Related Web Resources:
Palm Beach Injury Lawsuit Sues Shell Oil and Circle K for Man’s Burn Injuries from Gas Station Fire, Florida Injury Attorney Blog, July 20, 2010

Florida Mother Who Pulled Children from Burning School Bus Files Truck Accident Lawsuit, Florida Injury Attorney Blog, November 10, 2008

Family Files Ft. Lauderdale, Florida Wrongful Death Lawsuits After 4-Year-Old Boy and 62-Year-Old Grandmother are Killed in Hyperbaric Oxygen Chamber Fire, Florida Injury Attorney Blog, July 7, 2009

A bill has now been approved by both the House and the Senate that will likely alter the landscape of who is held liable in Florida auto products liability lawsuits. SB142 requires juries to “consider the fault of all persons” who played a role in causing the traffic crash when trying to determine damages in this type of case. Governor Rick Scott is expected to sign the bill into law.

The new law would neutralize and overturn a Florida Supreme Court ruling from 2001 when the justices said that evidence of what primarily caused the crash, such as a drunken driving or driver error, cannot be brought into defective product cases. In D’Amario v. Ford Motor Co, the justices reversed the decision of the jury in siding with automaker. Ford had claimed that a teenage passenger sustained severe burns and lost three limbs because the driver of the car had been drunk and speeding and crashed the car. The victim's mother Karen D ‘Amario, however, contended that the blast wouldn’t have occurred if the relay switch on the fuel pump hadn’t been defective. When issuing their ruling, the justices determined that evidence of driver negligence confused the jury and should not be brought into cases in the future alleging “enhanced” injuries.

Florida Auto Products Liability
Now, more than ever, it is important that you are represented by an experienced Miami personal injury firm that knows how to make sure you obtain the maximum recovery possible from all liable parties. Car manufacturers are supposed to ensuring that their vehicles and accompanying parts have no defects that could cause serious injuries or deaths during a traffic crash. Examples of common auto defects include those involving:

• Sport utility vehicle rollovers
• Tire blowouts
• Roof crush
• Seatback collapse
• 15-passenger vans
• Faulty seat belts
• Air bags

That said, there may be other parties who should also be held liable for your Palm Beach car defect injuries.

Fla. lawmakers limit lawsuits against auto makers, Miami Herald, May 4, 2011

Fla. House passes bill changing fault rules in liability cases, Naples News, May 4, 2011

Florida Senate Moves to Curb Liability Suits Against Car Makers, Insurance Journal, March 17, 2011

Related Web Resources:
SB142, The Florida Senate

Florida Governor Rick Scott

Florida Supreme Court

More Blog Posts:
Deadly South Florida Crash Near the Palm Beach County Line Claims the Life of Three Children, Injures Two Others, Florida Injury Attorney Blog, April 6, 2011

Mother Awarded $330 Million Florida Car Accident Verdict Over Daughter’s Wrongful Death, Florida Injury Attorney Blog, November 10, 2009

Continue reading "Florida Products Liability: Bill Could Make It Harder for Victims to Win Damages from Auto Manufacturers " »

Three children were killed in a catastrophic South Florida car crash on Sunday. The driver of the vehicle, Steveroy Hansen from Broward County, is the father of two of the kids. According to Florida Highway Patrol, the traffic accident occurred on Florida’s Turnpike when the 1998 Ford Explorer they were riding experienced a tire blowout, causing the vehicle to strike the retaining wall and another SUV and rolled over.

The names of the children that died are brothers Steve Hansen Jr., 11, and Stephaune Sean Hansen, 1, and family friend Laura Miller, 12. All three of them were ejected from the vehicle. Steveroy Hanson, Abigail Hansen, 8, and family friend Oliva Scott, 14, were transported to a West Palm Beach hospital for treatment of their injuries. Another driver, Barbara Ellen Allen, 50, was taken to a hospital after her Ford Escape was struck by debris from the car crash. Also treated for non-life threatening injuries was Satnarine Burton, 39. His Toyota Highlander was the vehicle struck by Hansen’s car.

Police say that the kids who were ejected may have been improperly belted. The authorities are still trying to determine what happened.

Rollover Accidents
Every year, over 10,000 people are injured in rollover crashes. For many of those fortunate enough to survive, they may be left with severe head trauma, traumatic brain injuries, spinal cord injuries, internal injuries, paralysis, mental trauma, emotional anguish, or other debilitating injuries. Not only is it a motorist’s responsibility to drive safely to avoid involvement in a Palm Beach rollover accident, but also, the car manufacturer must make sure that the vehicle is designed in a way that doesn’t make it likely to rollover and, if rolling over is a risk—as is common with SUV’s and 15-passenger vans—then adequate safety measures must be put in place in the vehicle protect passengers.

Depending on the circumstances surrounding a Palm Beach car colllision, a number of parties can be held liable for injuries or death. Possible responsible parties may include a driver, a car manufacturer, the government entity responsible for the road where the collision happened, the manufacturer of a defective tire or another faulty auto part, and/or others.

Tire blow out causes fatal accident on Florida Turnpike, ABC Action News, April 4, 2011

3 children killed in turnpike crash, Miami Herald, April 4, 2011

Three Kids Killed, Dad Critically Injured In Turnpike Crash, CBS Miami, April 4, 2011

Related Web Resources:
Rollover, PBS

Tire Defects, Safercar.gov

Related Blog Posts:
Ft. Lauderdale Car Crash on I-95 Leaves Couple that was Ejected from Vehicle in Serious Condition, Florida Injury Attorney, March 9, 2011

Woman Struck by Van Dies in Lauderhill Pedestrian Accident, Florida Injury Attorney, August 11, 2010

Family of Naples Woman Files Collier County Wrongful Death Lawsuit Against School Teacher Over Fatal Florida Truck Accident, Florida Injury Attorney, June 17, 2010

Continue reading "Deadly South Florida Crash Near the Palm Beach County Line Claims the Life of Three Children, Injures Two Others" »

Although Johnson & Johnson and DePuy Orthopaedics, Inc. have not recalled the DePuy Pinnacle Acetabular Cup System, the US Food and Drug Administration says that it has received reports indicating similar problems as those involving the DePuy ASR hip implants, which were recalled last year. As with the DePuy’s ASR XL Acetabular Hip Replacement and Hip Resurfacing Systems, complaints made about the DePuy Pinancle systems involve hip implant failure, dislocation, metal poisoning, and physical pain. Some patients also have had to undergo hip revision surgery. Other patients say they’ve sustained permanent injuries.

Throughout South Florida, our Fort Lauderdale hip implant lawyers represent clients who suffered injuries, health complications, and/or had to undergo yet another surgery because this medical device has failed. Undergoing hip replacement surgery can be challenging enough—especially if the patient is an older senior who may have other health complications. To have to undergo a second one so soon after is not only painful, but also it can be physically and emotionally taxing. Any time a patient undergoes surgery there is always the chance of additional health complications. Already, a number of people have filed DePuy hip implant awsuits over their injuries and health complications.

DePuy Hip Replacement Recall
Last year’s recall was announced after the National Joint Registry (NJR) of England and Wales discovered that within five years of the original implant procedure, one out of every eight patients ended up having revision surgery. Some 93,000 people reportedly had been fitted with the recalled product. This month, the National Hip Recall Registry put out a new alert to DePuy ASR users warning that the hip replacement rate may be even four times greater than originally thought.

Symptoms indicating your hip implant device may be defective or failing:
• You have a hard time walking
• Walking is painful
• The implant has become dislocated
• Blood test results show that there are microscopic metal particles in your system
• Swelling

For your free consultation, contact our Miami hip implant law firm today.

Related Web Resources:
National Joint Registry

Depuy ASR™ Hip Recall Guide

National Hip Recall Registry Issues New DePuy Hip Replacement Alert, March 24, 2011

The National Highway Traffic Safety Administration reports that with 2,558 Florida traffic deaths occurring last year, the state saw a 30% decline in highway fatalities from the year before when there were 2,980 Florida motor vehicle crash deaths. Alcohol was a factor in 770 of the 2009 Florida auto crash deaths.

Our Miami car accident law firm considers it good news any time there is a decrease in the number of Florida motor vehicle deaths. This decline in fatalities was also reflected nationally last year in what U.S. Transportation Secretary Ray LaHood is calling the lowest highway fatality number since 1950. Highway deaths dropped from 37,432 in 2008 to 33,808 in 2009.

According to David Strickland, NHTSA’s administrator, anti-drunk driving initiatives and educating people about the importance of seat belt use have contributed significantly to the declining traffic death toll. Law enforcement and safety officials also began taking more aggressive measures to discourage distracted driving, which causes thousands of US traffic crashes annually.

More 2009 US Traffic Safety Facts:
• 2,217,000 Traffic crash injuries
• 17,000 Large truck injuries
• 503 Large truck deaths
• 90,000 Motorcycle accident injuries
• 4,462 Motorcycle crash deaths
• 59,000 Pedestrian accident injuries
• 4,092 Pedestrian accident deaths
• 51,000 Pedalcyclist accident injuries
• 630 Pedalcyclist crash deaths
• 10,839 Drunk driver-related deaths
• 770 Florida drunk driving deaths

Even if you are covered under Florida’s Personal Injury Protection (PIP), you should still explore your Ft. Lauderdale personal injury options. Many Palm Beach car crash injuries are catastrophic and costly and you may want and need to hold any liable parties responsible to help cover your associated damages and costs.

2009 Data Show Major Across-the-Board Declines in all Categories, September 9, 2010
Despite a Slight Increase in Road Travel, NHTSA

Highlights of 2009 Motor Vehicle crashes, NHTSA, August 2010 (PDF)

Related Web Resources:
Florida Department of Transportation

Advocates for Highway and Auto Safety

According to a report issued by the Florida Department of Transportation and the Florida Department of Highway Safety and Motor Vehicles, in 2009, the number of Palm Beach County traffic deaths went down 30% from 2008, while the number of Broward County traffic fatalities dropped 20%.

More 2009 Traffic Statistics from the Report:

• 151 Palm Beach County traffic fatalities
• 189 Broward County traffic deaths
• 2,563 Florida traffic deaths in 2009 (down from the 2,983 traffic fatalities from the year before)
• Traffic deaths in Broward County have been dropping since 2005
• 153 Florida teen driver-related deaths (193 fatalities in 2008)

Our Miami car accident lawyers are always happy to hear about any decline in traffic crashes, injuries, and deaths. That said, if you or someone you love was injured in a Broward County car crash or a Palm Beach County motor vehicle collision, it is important that you explore your legal options right away.

Also, there is more good news in terms of declining South Florida traffic deaths. Two years after the state launched a safety campaign to decrease the number of Florida motorcycle fatalities, these efforts are continuing to pay off. In 2009:

• Florida motorcycle deaths dropped 24%
• Broward County motorcycle fatalities involving passengers and drivers saw a 38% drop
• Palm Beach County motorcycle deaths declined by 47%
• There are 30,990 registered Palm Beach County motorcyclists
• There are 44,349 registered Broward, County Florida motorcyclists

Traffic injuries can be life-altering for the victim and his/her family. While Florida’s Personal Injury Protection provides some coverage, it may not take care of expenses that can be incurred from living with a permanent traumatic brain injury, a spinal cord injury, or another type of catastrophic injury, as well as cover any loss of income and/or benefits that a person would have earned if only he/she would have been able to keep working. We know that no amount of money financial recovery can make up for losing your loved one but it can provide some relief for damages, injuries, losses, and expenses.

raffic fatalities in Palm Beach, Broward counties drop, Sun-Sentinel, July 15, 2010

South Florida motorcycle deaths down after more than a decade of increases, Sun-Sentinel, July 14, 2010

Traffic Crash Statistics Report 2009, Florida Highway Safety and Motor Vehicles (PDF)

Related Web Resources:
Florida Department of Transportation

Florida Highway Safety and Motor Vehicles

Constance Bergey has settled her Palm Beach County wrongful death lawsuit against Simplicity Inc. and Walmart. Bergey’s 2-year-old daughter Serenity was found dead in her crib on September 19, 2007.

Florida prosecutors had wanted to charge Bergey with manslaughter when in fact, Serenity had suffocated after her head got caught between the crib mattress and a drop-side rail. Two days after Serenity's fatal Palm Beach County crib entrapment accident, the crib maker issued a recall of one million cribs.

At least 11 infant fatalities are linked to defective cribs made by Simplicity, a company that is no longer in business. Over 2 million Simplicity drop side cribs have been recalled because the crib’s hardware exhibited failures that can cause the drop side to separate or detach from the crib. When this happens, a playing or sleeping child can fall into the gap, causing entrapment injuries or suffocation that can lead to traumatic brain injuries or death.

Other crib makers have had to recall their drop side cribs over similar concerns. Over 20 crib recalls have been issued in the last 3 years that have involved over 4 million cribs. Defective hardware, improper installation, inadequate assembly instructions, and missing parts have been some of the defects that can lead to entrapment accidents, suffocation accidents, and/or fall accidents. Some crib manufacturers are even recommending that a ban be placed on the manufacture of drop-side cribs.

It is obviously a very good development when a manufacturer and the US Consumer Product Safety Commission decide to voluntarily recall a defective or dangerous products. However, this move is often too little too late for the children who are injured or killed because a manufacturer or another party was negligent. If your child was hurt or died because of a defective products, you may have grounds for filing a Florida products liability case or a wrongful death complaint against a negligent manufacturer, retailer, and/distributor.

West Boca woman settles suit against crib maker, Walmart, March 12, 2010

Crib Drop-Side Recall, Simplicity for Children

Related Web Resources:
Consumer Product Safety Commission

Dangerous Crib Recalls, Kids in Danger

It took a jury less than one hour to issue a $330 million Florida wrongful death award to the mother of a 13-year-old girl who was killed in a drunk driving accident in April 2007. Shelby Taylor Hagman sustained fatal injuries when the minivan she was riding in was struck by a pickup truck that ran a stop sign in a residential area. Her grandparents were in the motor vehicle with her.

According to police, Christopher Marcone’s blood alcohol level was over twice the legal limit at 0.207 when the tragic Florida car accident happened. The 27-year-old motorist is serving 13 years in prison for the fatal incident. He pleaded guilty to DUI manslaughter and other charges.

Shelby ‘s mother, Angela Stone, is also suing Kia Motors Corp. Her Florida products liability lawsuit accuses the carmaker of having a defective passenger restraint system in the minivan. Stone contends that the defective seat belt and shoulder harness played a part in causing her daughter’s fatal injuries.

The 13-year-old’s head got caught in the seat belt and she landed with her feet in the air.

People say this is one of the largest Florida awards to ever be issued. The jury decided that Marcone should pay Stone $275 million in punitive damages and $55 million in compensatory damages.

For anyone to die in a car accident is tragic. It is even more tragic when the death could have been prevented if only the liable motorist hadn’t been behaving negligently.

2008 Alcohol-Impaired Driving Accidents (Per the NHTSA):
• 11,733 alcohol-impaired driving deaths in the US
• At least 216 of the victims were kids under age 15
• More than 1400 Florida drunk driving-related deaths

Filing a Florida car accident lawsuit won’t erase what happened or make your injuries go away or bring back your loved one. It is, however, a way to hold the liable parties accountable for their actions and can allow you to obtain financial recovery for the harm that was suffered.

Hernando jury awards mother $330 million in drunken-driving death of teen, Tampabay.com, October 1, 2009

Alcohol-Impaired Driving, 2008 Traffic Safety Facts, NHTSA

Related Web Resources:
This story was written from prison by Christopher S. Marcone, Safe Teen Driver

Mothers Against Drunk Driving

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

According to Lawyers USA, settlements have been reached between Davol Inc. and the plaintiffs of at least five Kugel hernia mesh lawsuits. The products liability complaints accuse the device manufacturer of making and selling defective hernia patches that caused serious internal injuries and high-risk complications. Davol Inc. is a C.R. Bard, Inc. subsidiary.

The plaintiffs of these Kugel hernia mesh lawsuits and at least 2,000 other defective medical device complaints are among the 750,000 people a year who undergo hernia operations.

The Kugel mesh patches are supposed to decrease the amount of pain a patient might experience after hernia surgery. The patch is placed via incision in the area of the hernia. The plastic ring is supposed to return to its original shape, which flattens the patch. The hernia can then regrow around it.

However, a plastic ring inside of the patch that was prone to breaking resulted in three Kugel hernia mesh recalls between 2005 and 2007. The recalls involved different patch sizes and models. Injuries reportedly resulting from the product defect included chronic intestinal fistula, bowel perforation, fistualization, bowel obstruction, and peritonitis. Some injury plaintiffs also had to undergo surgery to remove the Kugel hernia mesh patch. A Kugel hernia mesh injury victim might not even be aware that he or she was injured.

At first, Davol Inc. blamed the broken Kugel mesh hernia patch rings on the surgeons. Tests however revealed that the injuries almost always occurred in the area where the “memory-recoil ring,” which surrounds the patch, was welded. Injuries have also involved the medical device’s adhesive getting stuck to the abdominal wall.

The design defect resulted in the first hernia patch recall in 2005. The medical device manufacturer issued other two recalls in 2006 and 2007 after the Food and Drug Administration reported that over 80 injuries, a number of deaths, and other health issues could be linked to the hernia patch.

Kugel Hernia Mesh Lawsuit Settlements Reported, About Lawsuits, September 8, 2009

List of Device Recalls, FDA

Davol, Inc.

Continue reading "Personal Injury Settlements Reached in At Least Five Kugel Hernia Mesh Lawsuits " »

On December 1, US District Judge Rodney W. Sipple has scheduled a “Science Day” so that plaintiffs and NuvaRing device maker Organon Pharmaceuticals Inc. can present their perspectives about the alleged side effects that may occur when a woman uses the contraceptive ring.

Already, women who say they were injured or the family members of those who have died from using NuvaRing have filed more than 100 defective medical device lawsuits alleging personal injury or wrongful death. Plaintiffs have said that the contraception caused blood clots, strokes, heart attacks, pulmonary embolism, deep vein thrombosis, or death. The plaintiffs contend that the medical device manufacture did not properly research the birth control ring or provide enough warning that use of NuvaRing could lead to blood clot injuries.

In a recent NuvaRing lawsuit, a 32-year-old woman died in December 2007 after she had a seizure. Her cause of death was pulmonary thromboemboli because of deep vein thrombosis. She had started using NuvaRing in May of that year.

Other dangerous side effects linked to NuvaRing:

• Irregular bleeding
• Increased risk of gallbladder disease or breast cancer
• Abdominal pain
• Chest pain
• Lower leg pain
• Swollen ankles
• Vomiting
• Vision problems
• Can cause complications if person is already suffering from diabetes, heart condition, high blood pressure, or high cholesterol

Some 1.5 million women around the world use NuvaRing. The ring-shaped contraception, which is inserted in the vagina releases estrogen and etonogestrel, which are both hormones, into the bloodstream. The birth control ring, when used correctly, is supposed to be 98-99% successful at preventing pregnancy.

Our defective medical device lawyers and South Florida personal injury attorneys represent women who sustained blood clots or suffered other serious health complications because of NuvaRing.

If you were injured or got sick because you were using NuvaRing for contraception, you may be entitled to personal injury compensation.

NuvaRing Side Effects and Science Information to be Presented to MDL Court, About Lawsuits, August 21, 2009

Related Web Resources:
NuvaRing

Is NuvaRing Dangerous?, Mother Jones, May/June 2009

For 48-hours, police in Florida are taking part in an aggressive campaign to promote seat belt use. Until Thursday night, over 300 police officers from Miami-Dade County, Broward County, and Palm Beach County will look to apprehend any driver for not wearing a seat belt and consider this a primary offense. No other infractions are required in order for the driver to get written up.

Palm Beach County’s seat belt violation fine is $101, Miami Dade County’s fine is $114, and Broward County’s fine is $115. The state and counties also impose additional fees.

The 2-day seat belt campaign, called "Staying Alive on 95 & Florida Roadways,” kicked off on Tuesday when the Dori Slosberg and Katie Marchetti Safety Belt Law went into effect. The law, named after two teens that were not wearing seat belts when they were killed in Florida car crashes, lets police pull motorists over just because they aren’t wearing seat belts.

The Florida Highway Patrol says the new law is expected to prevent 6,200 serious auto accident injuries and save 262 lives. The National Highway Traffic Safety Administration reports that Florida motorists had a 79% safety belt compliance rating for 2007.

Nationally, in 2008, the NHTSA reported seat belt use at 83%—an increase from 2007 when 82% of US motorists wore seat belts. In May, the US Department of Transportation reported that if seat belt use in every US state was at 90%, 22,372 serious injuries and 1,652 deaths could be prevented every year.

Florida Car Accident Lawsuits
Regardless of whether or not you were using a seat belt, you could be entitled to receive Florida car accident compensation if your injuries occurred because another motorist or another party was negligent. If you were injured in a motor vehicle crash in Miami-Dade County, Broward County, or Palm Beach County because the seat belt you were using was defective or malfunctioned, you may be able to file a Florida products liability claim against the vehicle maker or the seat belt manufacturer.

Examples of sea belt defects that may be grounds for a defective seat belt lawsuit:

• Inertial unlatching
• Defective webbing
• Too much seat belt slack
• Seat belt retractor defects
• Seat belt failure
• Poor seat belt design or placement
• Seat belt system failure

Law enforcement plans 48-hour seat belt blitz, Sun-Sentinel.com, June 30, 2009

'Stay Alive on 95' Program Kicks Off Before Holiday Weekend, WOKV.com, June 30, 2009

New Study: Higher Seat Belt Use Could Save Many Lives, NHTSA, May 14, 2009

Related Web Resources:
The Dori Slosberg Foundation

Florida Highway Patrol

Continue reading "Florida Police in Broward County, Palm Beach County, & Miami-Date County Take Part in "Staying Alive on 95 & Florida Roadways" Blitz Promoting New Seat Belt Law" »

Adam Mason, a 31-year-old Pensacola resident, was awarded $7 million by a Florida jury in his dangerous drugs lawsuit against Swiss drug manufacturer Hoffman-La Roche. The drug maker failed to warn Mason that using the acne drug Accutane could lead to a gastrointestinal disease called inflammatory bowel disease.

Mason had to have surgery to remove his colon after he developed the disease. Mason says that because of the surgery he can no longer work as a welder. Mason also was able to obtain settlements from his doctor and West Florida Medical Center after he filed medical malpractice lawsuits against them.

His case is 1 of over 400 inflammatory disease-Accutane-related cases against the Swiss drug maker. In another case, Andy McCarrell won $2.6 million for his lawsuit that cited similar side effects.

Accutane is a controversial acne drug that has been linked to depression, birth defects, suicidal tendencies, and psychological disorders. A USA Today news article from 2004 says that Hoffman-La Roche opted not to issue stronger warnings about potential side effects because they were worried the warnings would negatively affect sales.

Hoffman-La Roche now includes in its packaging that Accutane can lead to possible psychological side effects. The packaging also warns users that Accutane use can lead to inflammatory bowel disease (but not many details are provided). It also continues to insist that the connection between IBD and Accutane is not definite.

In 2004, an FDA researcher recommended to a US Senate panel that the acne drug be investigated in case a recall was warranted.

A drug manufacturer can be held liable for a dangerous or defective drug if a user becomes injured, sick, or dies from taking the medication. Sometimes, a drug maker will send a drug into the marketplace without conducting proper testing. A drug may also come with insufficient warnings about potential side effects and proper use.

In some instances, drug manufacturers may promote and manufacture a drug in a way that generates sales rather than ensures the users’ safety. These are negligent actions by pharmaceutical makers who can be held liable for personal injury or wrongful death.

Jury awards local man $7 million, Pensacola News Journal, October 12, 2007

Accutane Victim Awarded $7 million in Florida Lawsuit, News Inferno, October 12, 2007

Related Web Resources:

Accutane, American Osteopathic College of Dermatology

Accutane, Roche USA Pharmaceuticals

Continue reading "Florida Jury Awards Pensacola Man $7 Million In Products Liability Lawsuit Against Accutane Manufacturer Hoffman-La Roche" »

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 " »

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" »

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 " »