Florida Injury Attorney Blog

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 " »