Attorney Blog

Ft. Meyers Dealership Steps Up To the Plate Following Toyota Recall

sbrown@loblawyers.com (Blog Author)27116 — Mon, 22 Feb 2010 08:00:00 EST

You practically can’t open the newspaper and not see an article about the issues that Toyota is having with many of its models. Recently, the auto manufacturer giant has recalled over a million of its vehicles to fix sticky gas pedals and loose floor mats. As many as a dozen deaths have been linked to these issues since 1999.

The Southwest Florida Toyota dealership has stepped up to the plate to assist consumers. The dealership recently issued a warning to local drivers who own one of these recalled vehicles urging them to check their floor mats.

They have indicated that when a floor mat bunches up or did not come with the car, it can lead to the gas pedal becoming stuck and potentially lead to a Florida car accident. They recommend that you use special clips designed to secure the model issued floor mats to the floorboard.

Also, the dealership issued a statement announcing that their service department will remain open 24/7 to repair gas pedal problems for recalled models.

If you own a Toyota, you should immediately check with the manufacturer to determine if you vehicle has been recalled. If it has, then you should take your car in immediately to have the problem fixed. It could be a matter of life and death.

If you or someone you know has been injured in a Florida Toyota accident you should contact an experienced Orlando accident attorney at the Law Offices of Lilly, O’Toole & Brown at (863) 533-5525.

Florida Nursing Home Abuse – What Every Family Needs to Know

notoole@loblawyers.com (Blog Author)27020 — Sat, 20 Feb 2010 08:00:00 EST

Do you or someone you know have a loved one in a nursing home? If so, then you understand that we place our loved ones in nursing homes with the assumption that they are receiving the best possible care. Unfortunately, that is not always the case.

In a recent congressional report, instances of physical, sexual and verbal abuse have been reported in nursing homes all around the nation. As a matter of fact, the study found that 30 percent of nursing homes in America were cited for approximately 9,000 instances of abuse from 1999 to 2001.

This is tragic. Some cases showed that residences were physically or sexually abused by nursing staff. Others were hit, choked and even kicked, causing serious injuries.

It’s so bad that in one instance, staff members bribed a brain-damaged resident to attack another resident using a cigarette. The staff members just watched.

If you believe that you know of someone who is being abused in a nursing home then you need to find out how you can protect them. You need to seek professional advice before that loved one suffers again at the hands of a nursing home employee.

Contact an experienced Orlando nursing home abuse attorney at the Law Offices of Lilly, O’Toole & Brown at (863) 533-5525.

For more information, read the article, Florida Nursing Homes Could Be Among the 20% With Poor Ratings.

Do You Trust Your Insurance Company?

mindywein@cox.net (Blog Author)25872 — Fri, 29 Jan 2010 08:00:00 EST

Why do we buy insurance polices? We by them with the hope that they will protect us in case of an emergency. Unfortunately, many of us don’t read the fine print or spend a lot of time thinking about the coverage. However, that all changes when we need to file a claim.

Would you be shocked to know that many large insurance companies have adopted tactics to make it difficult for you to collect on a claim? As a matter of fact, the American Association for Justice has identified several tricks that your insurance company may use to increase profits at your expense.

One of these tactics is to flat-out deny your claim. Believe it or not, your insurance company may actually reward employees if they can figure out how to successfully deny your claim.

Another trick they may pull is to delay your claim for as long as possible. They do this in the hope that you will eventually forget or become so frustrated that you will just give up.

There are many other tactics that they might use. Don’t allow your insurance company to take advantage of you. You should contact an expert if you feel that you are a victim of bad insurance tactics.

If you or someone you know has been a victim of bad faith insurance tactics or are in the middle of an insurance dispute, should contact an experienced Orlando insurance dispute attorney at the Law Offices of Lilly, O’Toole & Brown at (863) 533-5525.

Injuries Reported Among Users of Johnson & Johnson Cordis Balloon Catheters

mindywein@cox.net (Blog Author)25280 — Tue, 19 Jan 2010 08:00:00 EST

The U.S. Food and Drug Administration (FDA) released frightening news in 2008. A massive recall was initiated for Johnson & Johnson’s Cordis balloon catheters. This recall came after two injuries were reported.

The balloon catheter recall was so serious that the FDA assigned its Class 1 recall to it, meaning there was a realistic probability that these defective catheters could cause serious injury or death. However, at the time of the recall, there were no reported deaths, according to Christopher Allman, the Cordis spokesman.

Allman said the defect involved the Dura Star RX and Fire Star RX balloon catheters. It was estimated that approximately 57,000 balloon catheters in the United States were impacted by the recall.

The defective catheter was believed to have a “potential for slow deflation or no deflation of the agioplasty balloon when inserted into the artery or other blood vessels,” according to the FDA. This major flaw could cause the artery or blood vessels to become blocked, heart rate to change, heart rhythm to change, injury to the heart artery and heart attack. In some cases, surgery could be required.

If you or a family member has used the Johnson & Johnson cathter and have suffered as a result, contact an experienced Tampa injury lawyer at the Law Offices of Lilly, O'Toole & Brown, LLP at (863) 533-5525.

For more information on this topic, read the article, Johnson & Johnson Cordis Balloon Catheter Put Patients at Risk.

I-4 SINKHOLES MEAN MORE DEFENSIVE DRIVING

rgrode@loblawyers.com (Blog Author)24970 — Wed, 13 Jan 2010 08:00:00 EST

Defensive driving is even more important in an area like sinkhole central on I-4. There will be slow moving traffic and sudden stops. Even a minor impact can cause injuries that require months of treatment and even potentially surgery. If you end up being the victim of someone not paying attention, give us a call to discuss.

Safety Tips to Avoid an Auto Accident this Holiday Season

mindywein@cox.net (Blog Author)23771 — Mon, 21 Dec 2009 08:00:00 EST

It’s the holiday season which means many people will be hitting the Florida roadways to attend parties, festivities and family gatherings. As travel increases, so do the chances of being involved in a car accident. Fortunately, there are certain precautions that you can take to keep you and your family safe.

Always make sure that you are wearing a seatbelt. Even with the known dangers of not wearing seatbelts, many drivers forget to buckle up causing countless of lives to be lost. Also, it is imperative that any passengers, especially children, are properly buckled up. Their lives may depend on it.

Double check that you have your cell phone with you and that it is properly charged. You may need to call for help if your car breaks down.

Resist the urge to speed. Many drivers find themselves driving faster than they should when running late for an event. Speeding can increase your chances of being in an accident, which could injure yourself and those traveling with you.

Whatever you do, never drink and drive. Driving while under in influence of alcohol can impair your ability to react to dangers on the roadways, increasing your chances of being seriously injured in an accident.

If you or someone you know has been injured in a Central Florida car accident you should contact an experienced Orlando accident attorney at the Law Offices of Lilly, O’Toole & Brown at (863) 533-5525.

You Could be in Danger in Your Toyota

mindywein@cox.net (Blog Author)23381 — Mon, 14 Dec 2009 08:00:00 EST

Have you ever wondered what you would do if the gas pedal in your car became stuck while pressing down on the accelerator? That scary situation is what many Toyota owners have recently faced. As a matter of fact, Toyota Motor Corp. has recently recalled over 4 million vehicles due to this specific problem.

The Toyota recall is a result of a fatal car accident in which a highway patrol officer and three members of his family lost their lives when the accelerator reportedly got stuck, causing the Toyota to travel at speeds reaching 120 mph. The car struck a SUV, veered off an embankment and flipped over several times, catching on fire.

The NHTSA determined that a rubber all-weather mat in the vehicle was longer than should be, possibly causing the accelerator pedal to be snared or covered.

Reports indicate that at least five deaths have been linked to floor mats manufactured by Toyota. There have also been at least 100 other incidents reported.

Toyota has issued the recall to fix the problem in certain models that include the Camry, Avalon, Prius, Tacoma, and the Tundra, to name a few. If you own a Toyota, you should contact Toyota immediately to determine if you are driving a recalled model.

If you or someone you know has been injured in a Central Florida car accident you should contact an experienced Orlando injury attorney at the Law Offices of Lilly, O’Toole & Brown at (863) 533-5525.

NEW FLU SHOT COMING OUT FOR ADULTS

rgrode@loblawyers.com (Blog Author)22684 — Tue, 01 Dec 2009 08:00:00 EST

The federal government is moving forward with new flu vaccines for the upcoming season. This is a vaccine for the flu strain the government feels is most likely to infect the largest number of people in the United States this year. This vaccine will be different from the Swine Flu vaccine in a few ways, but the most important seems to be the testing requirements. In a back door deal to make the Swine Flu vaccine available as quickly as possible it appears the manufacturers have gotten at least partial immunity from the federal government for negligent actions on their part. So if they mess up the formula while preparing the vaccine and a person suffers an injury as a result, that person's rights to recovery may very well be in jeopardy.

Taking Avandia May Increase Your Risk of Heart Attack & Death

mindywein@cox.net (Blog Author)22300 — Mon, 23 Nov 2009 08:00:00 EST

Diabetes is a common condition in America. If you are not currently suffering from diabetes, you probably know at least one person who is.

Have you ever heard of Avandia? Perhaps, you or someone you know is currently taking this popular diabetes drug. If so, there are some facts that you should be made aware of. Studies have shown a greater risk of heart attack and death among patients taking the drug. In fact, according to a review published in the New England Journal of Medicine, Avandia may increase someone’s chance of suffering these side effects by approximately 43 percent. That is staggering.

Avandia is designed to treat Type 2 diabetes, which is the most common form of diabetes that occurs when the body lacks the ability to produce enough insulin. Avandia is designed to help sensitize the body to insulin. However, the risk of heart attack and even death may increase when taking Avandia.

According to reports, as of 2007, an estimated 6 million people were taking this drug sold by GlaxoSmithKiline PLC of London to treat diabetes. These people may be at risk.

If you or someone you know has suffered serious side effects, including a heart attack, while taking Avandia, you should contact an experienced Tampa injury attorney at the Law Offices of Lilly, O’Toole & Brown at (863) 683-1111.

Inflammatory Bowel Disease May Be Caused By Accutane

mindywein@cox.net (Blog Author)21750 — Sat, 14 Nov 2009 08:00:00 EST

We would all like to think that taking medicine to treat something as simple as acne would be safe. However, that is not always the case.

A common medication to treat severe acne is Accutane, which is a derivative of Vitamin A. Accutane is prescribed to reduce the skin’s production of oil, which is a cause of acne. However, studies have shown that there are many serious side effects to taking Accutane, such as inflammatory bowel disease, even if you have no prior history of intestinal disorders you still may be at risk.

Accutane can cause two types of inflammatory bowel disease including Crohn’s disease and ulcerative colitis. Patients who take Accutane should look for symptoms that include cramping abdominal pain, fever, diarrhea, gastrointestinal bleeding, unintentional weight loss, fatigue and rectal bleeding

Even if you have experienced this condition from taking Accutane and have stopped taking the medication, you still may not be in the clear. Reports have come forward that patients still experience symptoms from inflammatory bowel disease even after they have stopped taking Accutane.

If you or someone you know has been injured or are suffering from side effects caused by Accutane, you should contact an experienced Orlando injury attorney at the Law Offices of Lilly, O’Toole & Brown at (863) 683-1111.

Halloween Safety at Forefront After Clermont Child Struck by SUV

apulido@loblawyers.com (Blog Author)21079 — Tue, 03 Nov 2009 08:00:00 EST

Halloween ended tragically for a Central Florida family when their eight year old son was struck by an SUV and killed while crossing Highway 50 to attend a Halloween party. This is a stark reminder of the need for drivers and pedestrians to be extra careful on Halloween.

According to WESH:

Officials said Mitchell Trompeter was crossing the street with his father's girlfriend to attend First United Methodist Church's annual Halloween event, called Trunk-or-Treat, when they were struck by a white Ford Explorer.

The woman suffered minor injuries.

"He was struck along with another family member," said John Johnson, of the Clermont Police Department. "He was pronounced dead at the scene and the other family member is being treated at Southlake emergency room."

Children are more than twice as likely to be killed by a car while walking on Halloween than any other night of the year, according to Safe Kids USA. More than 540 kids under age 14 are killed in pedestrian accidents each year. In an analysis of deaths from 2002 to 2006, the group found an average of 2.2 children are killed in pedestrian accidents from 4 to 10 p.m. on Halloween, compared with one child every other evening at the same time.

According to SafeKids, Halloween is consistently the most dangerous day of the year for kids to walk. Kids are at greater risk on Halloween simply because they're more likely to be walking after dark, sometimes without their parents around. Additionally, Masks can make it hard for youngsters to see around corners, and dark costumes can make it hard for drivers to spot them.

Drivers should be more cautious on Halloween. They need to slow down, turn lights on and be prepared that there will be more kids out. Most importantly, they need to understand that children are generally unpredictable. Unlike adults, children are more likely to dart out between cars, especially when excited. That makes it more important than ever for drivers to avoid distractions, such as cellphones and texting, and of course, driving under the influence.

In Florida, drivers have a duty to keep a proper lookout for children around streets and highways. In fact, there is a specific standard jury instruction on the subject which states:

Duty of Motorist Toward Children

A motorist must exercise reasonable care to guard against the unpredictable and erratic behavior of children on or near the street or highway if he knows or should know of their presence.

Thousands of Drivers Killed in Drunk Driving Accidents in 2008

mindywein@cox.net (Blog Author)20165 — Fri, 16 Oct 2009 08:00:00 EST

There is no question that getting behind the wheel drunk is a bad idea. Just look at the statistics and the number of fatalities every year caused by alcohol-related accidents. The latest figures show that 8,027 drivers lost their lives in drunk driving accidents across the country. According to the Insurance Institute for Highway Safety, a driver with a blood alcohol content (BAC) of only 0.05 percent has an increased probability of getting into a fatal accident. Reaching a 0.05 percent BAC doesn’t take much.

As you can imagine, the higher the BAC, the higher the risk of dying in a car accident. In 2008, 5,897 drivers were killed who had BACs of 0.15 percent or higher. Younger people seemed to be more likely to be involved in a fatal or nonfatal alcohol-related accident than older drivers.

Motorcyclists are also at risk of dying in a fatal accident if they have consumed alcohol before riding. In fact, alcohol was a major factor in many of the motorcycle accident fatalities in 2008.

A drunk driving accident is usually catastrophic and leads to devastating injuries. If you have been injured in a Tampa car accident caused by a drunk driver, you may be entitled to compensation for your injuries. Contact the Law Offices of Lilly, O’Toole & Brown, LLP at 863-683-1111 for more information.

When a Baby Suffers a Brachial Plexus Injury

mindywein@cox.net (Blog Author)19812 — Sat, 10 Oct 2009 08:00:00 EST

One of the most frightening things as a new parent is to discover that your infant has suffered a serious birth injury. Some babies have been known to sustain brachial plexus injuries, also referred to as brachial palsy, Erb’s palsy and Klumpke’s palsy.

Brachial palsy occurs during birth, when the head is delivered, but there is difficulty delivering the shoulders. The infant can be injured if his or her head and neck are pulled to one side as the shoulders are delivered. The majority of children born with brachial plexus injuries will recover in six months, but there are some cases that will require surgery or physical therapy.

The first question you need to ask as a parent of an injured child is – what caused the birth injury? You may be unsure at this point, which is why you should contact an Orlando medical malpractice lawyer for advice. Sometimes birth injuries are caused by medical negligence, such as a situation where forceps were misused, there was a delayed C-section or the medical staff failed to provide the adequate care and monitoring.

For more information, contact the Law Offices of Lilly, O’Toole & Brown, LLP at (863) 683-1111 and read the article, What Parents Need to Know About Brachial Palsy.

What Does it Mean to Live in a No Fault Insurance State?

mindywein@cox.net (Blog Author)18276 — Sat, 12 Sep 2009 08:00:00 EST

Florida is a no fault insurance state, meaning that your medical expenses will be paid no matter who was at fault in the accident. The Florida no-fault insurance system allows you to collect compensation for medical payments, lost wages and household services.

One of the other aspects of the Florida insurance system is that in order to file a lawsuit against the other driver, your injuries must be significant. Your injuries must reach a certain threshold, which usually occurs when your injuries are serious or permanent. For example, if disfigurement, scarring or loss of a bodily function is involved, you may have grounds to file a lawsuit to obtain financial compensation for your injuries.

If you are unsure if you qualify to pursue compensation in litigation, you should talk with a Central Florida accident attorney. A Florida car accident lawyer will be able to review the details of your case, explain your legal rights and help you determine the best course of action for your claim.

Contact the Law Offices of Lilly, O'Toole & Brown, LLP at (863) 683-1111 for legal advice. For more information about Florida no fault insurance, read the informative article, “How Being a No Fault State Impacts Your Florida Car Accident Case.”

Denture Cream Linked to Zinc Poisoning

mindywein@cox.net (Blog Author)17894 — Wed, 02 Sep 2009 08:00:00 EST

An article in the Neurology journal has caused many denture cream users to think twice before using products, such as Poligrip and Fixodent. According to the article, four patients suffered from neuropathy, a painful nerve disorder, and other neurological symptoms that are common in zinc poisoning cases. Some experts believe that excess use of denture cream may have led to their problems.

Denture cream usually contains zinc. Although small amounts of zinc are generally not harmful, when you consume excessive amounts, it can lead to serious problems. Excessive zinc can cause copper depletion, which may result in neurological disorders.

If you use denture cream, you may not have even been aware of the potential of zinc poisoning. You are not alone. The risks associated with zinc poisoning have not been highly publicized, so many consumers still do not know about the dangers of denture cream.

Zinc poisoning can cause weakness, numbness or loss of sensation. Severe zinc poisoning can cause neuropathy and can be deadly. If you or someone you know experiences any of the warning signs of zinc poisoning from denture cream, it is imperative that you see a doctor immediately.

Contact a Florida injury lawyer at the Law Offices of Lilly, O’Toole & Brown today at (863) 683-1111 if you have suffered from zinc poisoning.

OB Tape Vaginal Slings Liked to Permanent Injuries

mindywein@cox.net (Blog Author)16682 — Mon, 10 Aug 2009 08:00:00 EST

If you are among the thousands of women who used the Mentor OB Tape vaginal sling, you need to be aware of the dangers associated with this product and your legal rights as an injured victim.

The Mentor OB Tape vaginal sling was developed to provide a solution for the estimated 14 million women who suffer urinary incontinence, which often leads to involuntary leakage during coughing, laughing or sneezing. The vaginal sling was supposed to reinforce the muscles in the weakened area. However, in 2006, the Journal of Urology published numerous injuries associated with this device, which eventually led to it being taken off the market. Many women were already affected by the Mentor OB Tape vaginal sling before of the known dangers.

There was a major design flaw of the Mentor OB Tape vaginal sling that caused essential nutrients and oxygen to be blocked. As a result, women were experiencing a breakdown of vaginal tissue, chronic discharge, serious infections, vaginal pain and severe pain in the back, hips and legs. These adverse side affects caused debilitating pain and permanent injuries. Surgery was even required in numerous cases.

If you have suffered Mentor OB Tape vaginal sling injuries, you may be able to recover compensation. Contact a Florida mass tort attorney at the Law Offices of Lilly, O’Toole & Brown, LLP at (863) 683-1111 for legal advice.

Asbestos Exposure Can Lead to Mesothelioma in Florida

mindywein@cox.net (Blog Author)16281 — Mon, 03 Aug 2009 08:00:00 EST

Over the last several years, it has come to light that asbestos exposure can lead to serious illnesses, including a cancer known as mesothelioma. What is frightening about asbestos exposure, is that it can take years for symptoms to appear.

The majority of people who are affected by mesothelioma were exposed to asbestos at work. Industrial workers are believed to be at a higher risk of developing this cancer, as they frequently came in contact with hazardous materials. These are materials that their employers often knew were dangerous, but did nothing about it.

Mesothelioma symptoms range depending on what area of the body is affected. Some of the signs of mesothelioma include shortness of breath, chest pain, fatigue, anemia, wheezing, coughing up blood, abdominal pain, abdominal mass, weight loss, blood clots, jaundice and low blood sugar level. If you are experiencing any of these symptoms, you need to talk with your doctor.

There are different forms of mesothelioma and pleural mesothelioma is the most common, as it accounts for approximately 70 percent of all cases. Pleural mesothelioma affects the lining of the lung called the pleura.

If you have developed mesothelioma from asbestos exposure, you need to contact an experienced Florida asbestos lawyer at the Law Offices of Lilly, O’Toole and Brown at (863) 683-1111 for legal advice.

Alert for Patients Who Took Digitek

mindywein@cox.net (Blog Author)15092 — Thu, 09 Jul 2009 08:00:00 EST

Patients who have taken Digitek to treat heart failure and abnormal heart rhythms need to be aware that there was a massive recall of this medication. Apparently, pills manufactured by Actavis Totowa, LLC, were released with double the dosage. This error had the potential to cause serious health complications, including death.

According to a press release on the U.S. Food and Drug Administration’s (FDA) website, users of Digitek, also known as digoxin tablets, were at risk of digitalis toxicity that could lead to heart attack, stroke or death. Patients were told to look for signs of adverse health effects, which included nausea, vomiting, dizziness, low blood pressure, cardiac instability and bradycardia. If any patients had questions, they were encouraged to consult with their medical provider.

If you have taken Digitek and suffered from pills that had double the appropriate dosage, you need to consult with a Florida product liability lawyer for legal advice. You may be able to file a mass tort lawsuit to pursue compensation from any injuries you incurred as a result of this medication. Call the Law Offices of Lilly, O’Toole & Brown, LLP at (863) 683-1111 today to determine if you have a claim.

SSRI Antidepressants Linked to Birth Defects

mindywein@cox.net (Blog Author)14678 — Wed, 01 Jul 2009 08:00:00 EST

An expectant mother will take precautions to protect her unborn child. She will usually make regular visits to the doctor’s office and take prenatal vitamins to help in the development of the baby. Over the last few years, some expectant mothers were horrified to find out that the medication they were taking caused serious birth defects.

Women taking antidepressants containing selective serotonin reuptake inhibitors (SSRIs) during the first trimester of pregnancy were found to be one and a half to two times more likely to have an infant born with heart defects than women not taking these drugs. Another study discovered that women taking SSRI antidepressants, such as Paxil, Celexa, Fluvoxamine, Lexapro, Prozac, Symbyax and Zoloft, after the 20th week of pregnancy were six times more likely to have a baby born with a disorder known as persistent pulmonary hypertension than mothers not taking the medication.

Drugs, such as Paxil, have been linked to numerous birth defects, including cardiac defects, persistent pulmonary hypertension, neural-tube defects, abnormally shaped skull, club foot, infant omphalocele and anal artesia.

If you have taken an SSRI antidepressant and your child has birth defects, you need to contact an experienced Florida injury lawyer immediately at the Law Offices of Lilly, O’Toole & Brown, LLP at (863) 683-1111. You may be able to pursue compensation for your child’s injuries.

Warning Issued to Hydroxycut Users

mindywein@cox.net (Blog Author)14216 — Tue, 23 Jun 2009 08:00:00 EST

If you are taking Hydroxycut, you need to be aware of a massive recall involving this product line. The U.S. Food and Drug Administration (FDA) recently warned consumers to stop taking this popular dietary supplement, as it has been linked to liver problems.

There have already been 23 reports of severe Hydroxycut liver injuries, including the death of a 19-year-old man. It has been reported that a liver transplant was required for one user of Hydroxycut and many others experienced liver failure, seizures, jaundice and cardiovascular problems.

The warning has been issued regarding 14 Hydroxycut products. For a full view of the recalled dietary supplements, visit our Hydroxycut Has Been Linked to Liver Damage page.

Hydroxycut is used for weight loss and energy enhancement. It is a popular product and more than 9 million units were sold last year alone.

Some of the symptoms to watch out for that would indicate liver damage from Hydroxycut include:

• Nausea
• Vomiting
• Brown urine
• Fatigue
• Stomach pain
• Light-colored stools
• Itching

If you have been injured from Hydroxycut, contact a Florida injury attorney at the Law Offices of Lilly, O’Toole & Brown, LLP today at (863) 683-1111. You may be entitled to compensation.

Contesting a Will in Florida

mindywein@cox.net (Blog Author)13292 — Fri, 05 Jun 2009 08:00:00 EST

It is never easy losing a loved one. Even if your deceased family member made all the necessary preparations to ensure that those left behind were taken care of, there is still no way to fully prepare for the emotional grief that accompanies their death.

Many people create wills before they die so that their family members will know what their plans are with their estates. Most of the time, the will reflects their true intentions. However, sometimes factors can affect the creation of a will, which can leave some rightful beneficiaries without the inheritance in which they are entitled.

If you have lost a loved one and you believe that his or her will is not what it should be, you may be able to contest the will in Florida. Whether you were left out of a will when you should have been a beneficiary or you did not receive your full inheritance, you should seek the help of a Florida wills lawyer.

There are some situations where a will can be challenged. For example, if the testator, who is the maker of the will, lacks mental competency or if it appears that he or she was coerced into making the will, you may be able to challenge it. Also, if there is an improper execution of the will, it could be considered invalid.

Contact the Law Offices of Lilly, O’Toole & Brown, LLP for legal advice at (863) 683-1111.

Florida Bad Faith Insurance

mindywein@cox.net (Blog Author)12172 — Mon, 18 May 2009 08:00:00 EST

You purchase insurance as a way to protect against loss and assume that the insurance company will cooperate if ever you have to file a claim. Unfortunately, some Florida insurance claims are unjustly denied. Insurance companies owe a duty to policyholders and must deal fairly with them. The common term used to describe this duty is known as the “implied covenant of good faith and fair dealing.” If an insurer violates this covenant, it could be considered bad faith.

Bad faith insurance describes a tort claim a policyholder may have against an insurer for its bad tactics. In some bad faith insurance cases, the policyholder may be able to recover an amount higher than the original face value of the insurance policy, if the insurer’s behavior was outrageous.

Examples of Florida insurance bad faith include delaying the investigation of a claim, failing to reasonably handle an insurance claim, inadequate investigation, refusing to defend a lawsuit, refusing to offer a reasonable settlement and making threats against the policyholder.

If you have been the victim of bad faith insurance in Florida, contact the Law Offices of Lilly, O’Toole & Brown at (863) 683-1111. The bad faith insurance lawyers at the law firm will be able to advise you on your Florida insurance dispute.

Florida Wrongful Death Claim

mindywein@cox.net (Blog Author)11954 — Wed, 13 May 2009 08:00:00 EST

In a wrongful death lawsuit, the plaintiff makes a claim against a person who can be held liable for a death. A wrongful death claim is considered a civil action and is usually filed by close relatives to the person who was killed.

The standard of proof in a wrongful death lawsuit in Florida is usually preponderance of the evidence instead of beyond a reasonable doubt. That is why it is easier for families to pursue retribution against someone responsible for their loved one’s death in a wrongful death suit than it is through criminal prosecution. However, if someone is found guilty of causing a person’s death, the family can still pursue a civil lawsuit in a wrongful death action. For example, O.J. Simpson was acquitted in the death of Nicole Simpson and Ron Goldman, but in 1997 a judgment against Simpson for their wrongful deaths was awarded in civil court by a jury.

A wrongful death can be caused by a car accident, doctor negligence, hospital error, nursing home abuse or even a defective product. If you have lost a loved one and you are not sure if you have a wrongful death claim, you should contact a Florida wrongful death lawyer who can review your case. The lawyers and staff at Lilly, O'Toole, & Brown LLP, have significant experience handling wrongful death actions and can help you. Call (863) 683-1111 today.

Atypical Drugs for Children Need Approval in Florida

mindywein@cox.net (Blog Author)11160 — Tue, 21 Apr 2009 08:00:00 EST

Pediatricians are now required to get approval before giving a child an atypical drug, such as Zyprexa, Abilify or Risperdal. This requirement is a step that was recently taken by Florida health officials to slow down the use of antipsychotic drugs for children.

Atypical drugs became popular in the 1990s as a way to treat adult schizophrenia and bipolar disorder, but have since been prescribed to treat just about any ailment. These potent drugs have even been used to calm uncontrollable children, which falls under the category of an “off-label” use, since it was not an approved use of the drug.

Drug manufacturers are not allowed to promote drugs for off-label uses, but pediatric prescriptions have still soared for atypical drugs over the years. Representatives from drug manufacturers have been known to drop off samples at pediatricians’ offices, which encouraged pediatricians to prescribe these medications to children.

Atypical drugs have dangerous side effects, including diabetes and weight gain. These medications have not been approved for preschoolers, which prompted Florida health officials to take action.

When a child is on the Medicaid program, the pediatrician must fax a request to prescribe an atypical drug. The request is reviewed by a Medicaid pharmacist who approves or rejects it.

If your child has suffered a serious side effect from an antipsychotic drug, you should seek legal advice. Contact the Law Office of Lilly, O’Toole & Brown, LLP at (863) 683-1111 to review your case.

Faulty Electronic Wires Attached to Heart Defibrillators

mindywein@cox.net (Blog Author)10689 — Mon, 06 Apr 2009 08:00:00 EST

There was a massive recall a couple of years ago involving Medtronic, Inc.’s Sprint Fidelis Leads. It was found that these thin wires that connect an implantable defibrillator directly to the heart had the potential for lead fractures. Lead fractures can increase the risk of serious heart complications and death.

Heart defibrillators monitor heart rhythms and deliver an electronic shock or rapid pacing to restore normal rhythm when irregular or life-threatening heartbeats are detected.

After this recall, many patients were faced with a dilemma. If they decided to have the defective wire removed from the defibrillator, their heart and veins could be damaged, especially if the lead was in place for a long time and grew scar tissue. On the other hand, if they kept the lead in place, it could cause unnecessary shock or may not operate at all. The side effects of a defective lead in the heart defibrillator can be painful and life-threatening.

Medtronic stated that only 2.3 percent of the 235,000 patients who are believed to have the defective wire will experience a lead fracture within 30 months of implantation. Even though that percentage seems low, it means that 4,000 to 5,000 patients may be affected by the defective Sprint Fidelis Lead.

If you have suffered as a result of the defective lead by Medtronic, contact the Law Offices of Lilly, O’Toole & Brown, LLP at (863) 683-1111 for legal advice.

Patients Have the Right to Go After Drug Manufacturers

mindywein@cox.net (Blog Author)9710 — Sat, 07 Mar 2009 08:00:00 EST

A recent ruling by the U.S. Supreme Court will make it easier for injured patients to file claims against drugmakers. The Supreme Court ruling, which was a 6-3 decision, affirmed a jury award for a woman who lost her arm to gangrene after receiving a Phenergan injection.

The drug manufacturer involved in the lawsuit, Wyeth, had argued to the Supreme Court that the U.S. Food and Drug Administration (FDA) had approved the drug’s warning label and that this approval took precedence over the state law where the lawsuit was filed. The Bush administration had also argued that federal law overrides certain state claims. However, the majority of the Supreme Court did not agree.

According to one of the Supreme Court Justices, the drug manufacturer did not have a strong enough argument to convince them that failure-to-warn claims obstruct federal regulation of drug labeling. Another Supreme Court Justice, who was in the minority, said that Phenergan’s label stated the risks associated with the injection and that the case should have been a medical malpractice lawsuit.

This ruling will allow patients to go after drugmakers for negligence, even if the FDA has approved the warning label. Many medications have been linked to serious side affects and now the drug manufacturers can be held responsible for injuries.

If you have been harmed by a medication, contact the Law Offices of Lilly, O’Toole & Brown, LLP at (863) 683-1111 for a legal consultation.

The article, “Supreme Court Rules Injured Patients Can Go After Drugmakers,” has more information on this topic.

Three Deaths Caused by Raptiva

mindywein@cox.net (Blog Author)9595 — Wed, 04 Mar 2009 08:00:00 EST

If you are taking or have taken Raptiva, you need to contact your physician immediately. The U.S. Food and Drug Administration (FDA) has issued a public health advisory regarding this drug that is used to treat psoriasis.

There have been three confirmed and one possible report of patients who have developed a serious brain infection, known as progressive multifocal leukoencephalopathy (PML). Three of those patients have died and according to the FDA, all four patients were treated with Raptiva for more than three years.

PML is a rare infection that affects the central nervous system, which includes the brain and spinal cord. This viral infection is more prevalent in patients who have weak immune systems. It is deadly and leads to irreversible brain damage and inflammation of the white matter of the brain.

Raptiva is used to treat psoriasis, a chronic condition that affects the skin and joints. This drug is prescribed as a once-weekly injection for adults with moderate to severe cases of psoriasis. Raptiva treats psoriasis by suppressing T-cells in the immune system, which are blood cells that fight off infection. These T-cells are suppressed to help prevent inflammation by psoriasis. For the three patients that died from taking Raptiva, this medication could have impacted their immune systems, making them more susceptible to serious infections, such as PML.

Contact the Florida defective drug attorneys at the Law Offices of Lilly, O-Toole & Brown at (863) 683-1111, if you have taken Raptiva.

The article, “Raptiva Can Cause Progressive Multifocal Leukoencephalopathy (PML),” has more information on this topic.

Millions of Defective Cribs Have Been Recalled

mindywein@cox.net (Blog Author)9089 — Fri, 13 Feb 2009 08:00:00 EST

Over the last couple of years, millions of cribs have been recalled in the United States after defects were detected. Unfortunately, many of these recalls occurred after a young child was killed or seriously injured by a defective crib. Parents trust that the cribs they are placing their children in are free from danger, but as experience has shown, this is not always the case. Crib manufacturers owe consumers a duty to provide safe products. Manufacturers are strictly liable for their cribs and can be held responsible when a child is injured by a defective product.

There have been numerous recalls of cribs during the past couple of years and some of the notable recalls have included Simplicity cribs, Delta drop side cribs and Stork Craft baby cribs. Nearly 2.5 million cribs were included in these recalls.

The Simplicity cribs were recalled after it was found that the drop side rail could detach from the crib, which would create a dangerous gap. Two young children, ages 6-months and 9-months, were killed in Simplicity cribs and the U.S. Consumer Product Safety Commission (CPSC) received seven additional reports of infant entrapment and fifty-five incidents involving these cribs.

Delta Enterprise Corp. also cooperated with the CPSC in recalling almost a million cribs. Safety pegs were missing from the cribs, which posed an entrapment and suffocation risk to infants and toddlers. There was one report of an 8-month-old infant who became entrapped in his crib and suffocated when the drop side rail detached. The CPSC received two additional reports of entrapment and nine disengagement incidents.

More than 500,000 Stork Craft cribs were recalled after it was found that the metal support brackets could break, which could lead to entrapment or suffocation of a young child. There was a report of a toddler who sustained bruises after the support brackets broke and another report of a child who became entrapped.

The article, “Defective Cribs Can Harm Young Children,” has even more details regarding these recalled cribs.

If your infant or toddler has been injured by a defective crib, contact the Law Offices of Lilly, O’Toole & Brown, LLP at (863) 683-1111.

State Farm Leaving Homeowners but Keeping Profitable Car Insuranced

rgrode@loblawyers.com (Blog Author)8943 — Mon, 09 Feb 2009 08:00:00 EST

State Farm might just be playing chicken with Charlie Crist and it won't take long to find out. After again being rejected for average increases of 47% for homeowner's insurance State Farm says they are moving out of Florida. But not completely. State Farm, along with every other insurance company that sells automobile insurance in the state, will not let go of auto. Insurance companies make huge profits on automobile insurance and would never willingly let go of that business. And why should they? There is no law against making a profit and there should not be one. But it is a shame that after raising rates after Hurricane Andrew devastated Miami, the various insurance companies did not create a reserve fund when the inevitable next hurricane hit. And with the stock market doing so badly right now, the money they have invested in the market for years will not allow them the chance to keep premiums where they are. Truly a sad time for Floridians to have to make a choice.

Women Need to Be Aware of the Risks of the Birth Control Patch

mindywein@cox.net (Blog Author)8769 — Thu, 05 Feb 2009 08:00:00 EST

The Ortho Evra Contraceptive Transdermal Patch has been widely promoted as a convenience for women. No longer would they need to worry about remembering to take a daily birth control pill, as the birth control patch provided a much needed solution. However, what many women failed to realize was that the birth control patch could lead to a serious condition known as pulmonary embolism.

A recent study confirmed the findings of other past research into the Ortho Evra patch – patients who use the birth control patch have a higher risk of developing blood clots, also known as venous thromboembolism. Blood clots that form in the body can dislodge and travel through the bloodstream to the right side of the heart. If blood clots enter the pulmonary arteries, a blockage may occur. The lungs are especially susceptible to blockages, as large amounts of blood travel through the body. When blood clots are in the lungs, the condition is known as pulmonary embolism, which is life-threatening.

If you or a family member has used the Ortho Evra birth control patch, you need to know the symptoms of pulmonary embolism, as immediate medical attention will be needed. Some of the symptoms include sudden shortness of breath, chest pain, bloody cough, swelling of the leg, lightheadedness, fever, rapid heartbeat, wheezing and a weak pulse. If pulmonary embolism is treated right away, there is generally a good prognosis for the patient.

Due to the known risks of the Ortho Evra patch, the U.S. Food and Drug Administration (FDA) has required the manufacturer to change the label to include the results of the recent study. The birth control patch is still available on the market today.

If you have become ill due to the birth control patch, you need to contact an attorney to find out your legal rights. Contact the Law Offices of Lilly, O’Toole at LLP at (863) 683-1111 if you have been injured by the Ortho Evra patch.

The article, “Women Need to Be Aware of the Risks of the Birth Control Patch,” has more information on this topic.

Uninsured Motorists in Florida Grow in Numbers, Florida 5th Highest in the Country

rgrode@loblawyers.com (Blog Author)8633 — Mon, 02 Feb 2009 08:00:00 EST

A recent survey showed Florida is ranked 5th in the entire country in the number of people driving without insurance. The chance of being struck by a person driving without any insurance at all grew this past year and the chance of being struck by a person driving with only minimal insurance is even higher. Unfortunately, as the economy continues to get worse more and more people are forgoing coverages they previously had or are just not renewing their insurance. It is against the law in Florida to drive without at least Personal Injury Protection and Property Damage coverage. But more and more people feel it is their right to drive even while violating the law. Even more are having problems paying their bills and will cut into this critical area of protection. Do not depend on the negligent driver to be covered. Contact your agent now to discuss protecting you when struck by a negligent driver without adequate coverage.

Who is Responsible for Brake Failure?

mindywein@cox.net (Blog Author)8092 — Wed, 14 Jan 2009 08:00:00 EST

If you have ever experienced brake failure, you know how frightening it can be. When brakes fail, the risk of you being in a collision with another vehicle or object becomes extremely high. As you frantically try to pump the brakes, you begin to fear the worst.

An accident caused by brake failure can lead to serious injuries. If you have been injured in a car accident, you know that the medical expenses can add up and that you could experience a drop in income as you are forced to take time off of work to recover. Depending on what caused the brakes to fail, you may be able to recover compensation for your injuries.

Poor maintenance is often a factor in brake failure. If you do not follow the manufacturer’s guidelines for maintaining your brakes, you are considered to be at least partially responsible. However, if you properly maintained your brakes and had them checked, responsibility shifts.

Sometimes brakes are defective, which can mean that the manufacturer is liable for your accident and subsequent injuries. In a defective brakes case, you can file a lawsuit against the manufacturer to try to recover monetary damages, such as pain and suffering, medical expenses, lost wages, mental anguish and other expenses related to your injuries.

In 2008, there was a class action lawsuit against Kia Motors America Inc., alleging that the Sephia sedan had defective brakes. The plaintiffs in the class action lawsuit were consumers who had purchased these vehicles between 1997 and 2000. After a three-week trial, the jury awarded $6 million to the plaintiffs. According to the jury, Kia violated the Magnuson-Moss Warranty Act.

Defective brake cases can be complex and the manufacturer will do everything possible to show that they are not responsible, which is why you need a knowledgeable attorney representing you. Contact the experienced Florida defective brakes attorneys at Law Offices of Lilly, O'Toole & Brown, LLP at (863) 683-1111 to review your case.

The article titled, When Brakes Fail to Work Properly, has more information on this topic.

Study Examines Causes of Car Accidents

mindywein@cox.net (Blog Author)7919 — Wed, 07 Jan 2009 08:00:00 EST

A study by the National Highway Traffic Safety Administration found that speeding is not the number one cause of car accidents.

It has been nearly 30 years since the last on-scene crash causation study was conducted, which is why the U.S. Congress authorized the National Highway Traffic Safety Administration (NHTSA) of the U.S. Department of Transportation to perform the National Motor Vehicle Crash Causation Survey (NMVCCS). During the study, researchers were able to go to the scene of the crash, right after the accident happened. They were therefore able to talk to drivers, passengers and witnesses, as well as review the events that led up to the crash.

The goal of the study was to understand the events that led up to car accidents. Crashes from 2005 to 2007 were examined to determine factors that contribute to car crashes in the United States. Researchers looked at the events and reasons associated with the accidents. For example, researchers assigned critical reasons relating to the driver, which contributed to accidents. The top critical reason associated with drivers in auto accidents had do to with recognition errors, meaning the driver wasn’t paying attention to the road, was distracted or was not adequately surveying the road.

The second major reason for accidents that involved driver behavior was decision errors. Decision errors included such behaviors as driving aggressively and speeding. Drivers were also found to make performance errors, including overcompensation and improper directional control, which contributed to the accidents.

According to the study, most of the accidents examined occurred at intersections, when a vehicle was crossing or turning. Another 22 percent of the accidents happened when the vehicles ran off the road.

The information collected in the survey is intended to help prevent crashes from occurring in the first place. If you have been injured in a car accident, contact the Law Offices of Lilly, O'Toole & Brown, LLP at (863) 683-1111.

The article, What Causes Car Crashes, has more information on this topic.

Drivers Without Insurance Rising

rgrode@loblawyers.com (Blog Author)7530 — Tue, 23 Dec 2008 08:00:00 EST

The Insurance Research Council is reporting that several hundred thousand drivers have dropped their insurance in the past year. One of the reasons cited for this drop is the job losses due to the economy, as people cut back on their expenses. However, completely dropping insurance coverage is not only foolhardy, it is also illegal. Most states require some sort of basic coverage. In Florida, owners of vehicles are required to have Personal Injury Protection coverage and collision coverage. Anything more than that is completely at the discretion of the owner. Highly recommended is Bodily Injury Coverage, as well as Uninsured/Underinsured Motorist Coverage. Bodily Injury Coverage provides for injuries that are caused by the driver of your car to other people. But with so many people dropping their insurance coverage completely, it is urged that all drivers carry Uninsured/Underinsured Motorist Coverage. That will provide for your injuries in the event the driver that negligently hit you has no coverage or only limited coverage. Lilly, O'Toole & Brown urges everyone to contact their insurance agent and discuss Uninsured/Underinsured Motorist Coverage.

Drug Recalls Can Come Too Late

rgrode@loblawyers.com (Blog Author)7419 — Fri, 19 Dec 2008 08:00:00 EST

Recently there has been a spate of drug recalls for a number of reasons. A large portion of the drugs have been manufactured overseas and have not receive very much oversight. As a result of the poor oversight overseas and the overworked Food and Drug Administration that is tasked with assuring drug safety in the United States the problem continues to grow. Recently several heart drugs were recalled due to problems with dosage. While the bottle may say the pill contains 30 milligrams of the drug, the pill in fact contains twice that dosage. This is significant enough for the effect on a healthy person, but the person taking the medication is already dealing with heart issues which, like any other organ in the body, is badly effected by overdose. This does not appear to be a medical malpractice issue, as the pills are manufactured and distributed without the doctor even being aware of the problem. The only potential malpractice issue would be if the patient consults the doctor while taking the medication and the doctor does not recognize the signs of overdose. When getting a prescription filled it is a good idea to make sure you know what you are getting. Talk to the pharmacist and read all the paperwork to be informed.

What Causes Tractor-Trailer Accidents?

mindywein@cox.net (Blog Author)7407 — Thu, 18 Dec 2008 08:00:00 EST

If you were injured in a tractor-trailer accident, you need to understand what may have caused it. Accidents involving large trucks often lead to serious injuries, which are sometimes fatal. The immense size of the truck, in comparison to a passenger vehicle, is why these types of accidents are usually catastrophic. In an effort to understand the common causes of large truck accidents, the National Highway Traffic Safety Administration and the Federal Motor Carrier Safety Administration examined a national sample of truck crashes.

Researchers reviewed a sample of 963 truck accidents from the 120,000 accidents that occurred from April 2001 to December 2003. These large truck accidents caused 1,654 injuries and 249 deaths.

Based on the findings of the study, there were some factors that occurred hours, days or even months before the truck crash. Some of these elements included:

• Driver training
• Driver experience
• Truck design
• Highway condition
• Weather condition
• Traffic signaling

Other factors, such as tire blowouts and snow, took place immediately preceding the accidents.

There were also events that led to these truck accidents, which included the truck running out of lane, loss of vehicle control and rear end collision with the vehicle in front of the truck. Other factors were identified such as brake problems, interruption in traffic flow, prescription or over-the-counter drug usage, driving too fast, unfamiliarity with the road, a required stop, roadway problems fatigue and inadequate surveillance. Fatigue has been widely examined as a cause of truck accidents, as truck drivers usually drive for hours at a time.

Large truck accidents tend to be more complicated than other auto accidents. If you have been injured in a tractor-trailer accident, you should talk with an attorney who is experienced in this area of law. Contact the Law Offices of Lilly, O'Toole & Brown, LLP at (863) 683-1111 for advice regarding your large truck accident case.

The article, Causes of Large Truck Accidents, has more information on this topic.

Is it Possible to Prevent Wrong Site Surgery?

mindywein@cox.net (Blog Author)7242 — Fri, 12 Dec 2008 08:00:00 EST

Although wrong site surgery is rare, when it does happen the consequences are often severe. Wrong site surgery is the term used to describe a procedure done on the wrong organ or limb, the wrong vertebral level or the wrong person.

A study was conducted a couple of years ago, which determined a wrong site surgery rate of 1 in 112,994 cases. According to researchers, cases involving retained objects are more common than cases involving wrong site surgery. There was a disclaimer made by the authors of the study, stating that the rate of wrong site surgeries could be higher because only the cases that prompted malpractice claims with insurers were identified.

Wrong site surgery can occur with any type of procedure, including hand surgeries. A survey of hand surgeons showed that 21 percent of hand surgeons admitted that they performed a wrong-site surgery at least once during their career. Wrong-finger surgery made up 63 percent of the reported 242 wrong site surgery incidents.

As a patient, you may be wondering what you can do to help prevent wrong site surgery from happening to you. Luckily there are measures you can take to reduce your risk. The American College of Surgeons produced several tips to help patients ensure the correct operation is performed. The first recommendation this organization had for patients was to communicate with their doctors and medical staff. Ask a lot of questions, confirming the name of the procedure, the body part, alternatives to the operation, risks of the procedure and estimated recovery time. You might also want to inquire about who is in charge of the surgical team and if the correct part of the body will be marked before the surgery begins.

You do have legal rights if you have been the victim of wrong-site surgery and can purse compensation for your injuries. Contact an experienced Florida medical malpractice lawyer at the Law Offices of Lilly, O’Toole & Brown at (863) 683-1111 for advice regarding your case.

The article, Wrong-Site Surgery – An AHRQ Supported Study, has more information on this topic.

Polk Roads Could be Helped by Economic Stimulus

rgrode@loblawyers.com (Blog Author)7175 — Wed, 10 Dec 2008 08:00:00 EST

President-Elect Barack Obama is proposing an economic stimulus package that could provide millions of dollars and thousands of jobs to all of Florida, including a large chunk for Polk County. A hefty part of this stimulus package involves road work which is desperately needed throughout Polk County. Some roads need to be paved, some roads need patchwork. There are sections of Lakeland and Winter Haven that have been waiting for years to be widened or additional lanes to be added. What this type of work means to the average commuter is a short period of frustration when construction begins but followed by traffic relief when the road being worked on is completed. Additionally, with new construction completed drivers can usually expect better road conditions leading to safer driving. No longer distracted by pot holes, crumbling road shoulders and general deterioration, the driver can focus solely on the task at hand, staying safe for themselves and for other drivers and passengers.

Are You Hurt? Let Your Doctor Tell You

rgrode@loblawyers.com (Blog Author)7095 — Mon, 08 Dec 2008 08:00:00 EST

The Ledger is reporting two motor vehicle crashes this morning in south Lakeland, with no reported injuries. Actually, the Ledger is saying no injuries, but often that is not accurate. While at the crash scene people often say they are alright, a large number report feeling pains and aches within a few hours afterwards. Then, they are not sure if they can go see a doctor or not. Lilly, O'Toole & Brown can not stress enough how important it is to see your doctor if you have been involved in a motor vehicle crash. Your doctor will perform a complete physical, possibly order diagnostic tests like x-rays, MRI's and other film studies and get a history of the crash. Your doctor may order physical therapy or send you to see a specialist who can accurately treat your condition. In Florida, this care is provided through your Personal Injury Protection coverage, required with most automobile insurance. So even if a person does not immediately feel pain, but has the onset of pain after the adrenalin wears off, they should still see their doctor. Their body is depending on them.

Tampa Bay Area Roads Deadliest in Nation for Young Drivers

rgrode@loblawyers.com (Blog Author)6986 — Thu, 04 Dec 2008 08:00:00 EST

A report just released studied traffic crashes in major metropolitan areas throughout the United States. The report, sponsored by Allstate Insurance, listed the Tampa Bay area as the deadliest for young drivers during the holiday season. Using crash statistics from the government as well as insurance claims from the past holiday seasons, the report was able to determine that Christmas is not kind to young drivers. Jacksonville was second in the report, followed by Orlando. Other cities in the worst category included Las Vegas, Birmingham Alabama and Richmond Virginia. The safest spots for young drivers during the holidays included Salt Lake City, San Francisco and Cleveland. Some larger cities, such as New York or Washington D.C. did not have as high a number of fatal crashes, explained by some to be a result of better public transportation so fewer teens have to drive. Today's teens are faced with a lot of distraction while driving. Cell phones, Ipods, radios and passengers all lead to distractions that can lead to injury or even death.

Lake Gibson High School Makes the Right Choice

hkay@loblawyers.com (Blog Author)6911 — Tue, 02 Dec 2008 08:00:00 EST

Monday was not a typical Monday at Lake Gibson High School. Half of the student body did not come to school, in fear that they might be shot. A message was left in a boy's bathroom before Thanksgiving which threatened a school wide shooting on Monday at 11:11 am. Luckily there was no shooting but parents and Lake Gibson High School were not taking any chances and rightfully so. Lilly, O'Toole & Brown sees incidents involving inadequate security at various business quite often, usually a restaurant or business with a lot of customer traffic where the business does not adequately protect their customers and, as a result of their negligence, a customer is injured or in some instances killed. Forwarned is forearmed, and in the case of Lake Gibson High School the more conservative path was taken to protect our most precious commodity. A day of school can be replaced and it is hoped the person responsible for this act of terror is caught quickly. While this incident appears to have been a hoax, no protection is too great to make sure our children are safe.

Road Construction Around Polk County Means Slow Down

rgrode@loblawyers.com (Blog Author)6900 — Mon, 01 Dec 2008 08:00:00 EST

Road construction and road improvement in Polk County is never ending. Sometimes it is a back road that is going from dirt to asphalt and sometimes it is widening South Florida Avenue. But no matter where the construction is happening there is always one thing that occurs: speed limits go down. In a construction zone there is a lot of things happening all at once. People are walking around both on the road and the shoulder. Heavy equipment is being used. Cars are being redirected or stopped, because only one lane is usable while improvements are made to the other lane or lanes. The human eye is a marvelous invention, but it was designed for use by people moving at a top speed of however fast their legs could carry them. In a car that speed is increased exponentially and can cause serious problems if not accounted for, especially in a construction zone. When a construction zone is looming ahead, generally there is a posted speed for the area. This is a maximum speed and is generally not followed which results in more crash scenes than a normal road area of the same type. Be mindful of construction zones and posted speeds for those zones. With more warning of potential danger because of a reduced speed, the human eye has a chance to catch up and prevent a tragedy.

New Property Insurers Come to Florida. Good Deal?

rgrode@loblawyers.com (Blog Author)6564 — Tue, 25 Nov 2008 08:00:00 EST

Recently there has been a lot of interest by insurance companies seeking to enter the policy arena of the Sunshine State. Citizen's Property Insurance, the state run insurance program, is actively seeking insurance companies to come to Florida and relieve some of the burden on what has become Florida's largest property insurer. As with everything there is some good news and some bad. With more companies entering this competitive market it is hoped that insurance rates would come down. While insurance companies may promise to do such a thing, there is nothing like competition to force the issue and make them adjust rates and premiums to make sure they don't lose the business they have. The bad news is the companies that are coming in. Of 14 listed only one had been ranked by a national service and its ranking was "weak". Currently it appears to make sense for those people who have policies with Citizen's to remain with Citizen's. If one goes with the other companies and there is a major disaster the company may go under before a claim is paid. With Citizen's the claim will be paid, even if it means taxing the general public to do it. Better to pay a little more in premiums for a lot more peace of mind.

Be Prepared for Thanksgiving Traffic

rgrode@loblawyers.com (Blog Author)6486 — Mon, 24 Nov 2008 08:00:00 EST

The Holidays are upon us, along with crowded shopping centers and traffic backed up for miles on the highways. Even with the economic troubles people are going to travel in record numbers to reconnect with families and spend some time with friends. Because there will be so many people on the roads (some have already started their travels) previous advice bears repeating. With travel of any distance you will want to make sure your vehicle is in good repair. Take it to a mechanic you trust to give your vehicle the once-over. The mechanic can replace worn parts and belts, put on a new set of plugs and generally make sure you can handle, vehicle wise, sitting in traffic for what seems like forever. Bring board games or that new movie for the kids to watch. And be patient. Lots of car crashes could be avoided if we simply took a little more time and watched out for one another. Keep the Holidays in mind and try to give that other driver, the one that just cut you off, the benefit of the doubt. Avoiding the crash means getting to the party and having a good time.

Don't Skimp on Insurance When Times are Tough

rgrode@loblawyers.com (Blog Author)6333 — Wed, 19 Nov 2008 08:00:00 EST

For a lot of Americans the times are troubled. The economy is reported to be in bad shape and many thousands of people have lost their jobs. A small ray of sunshine exists at the gas pump, where prices have come down from around four dollars a gallon to less than two dollars a gallon for regular unleaded. But with uncertain economic times we are all looking for ways to save a little cash here and there. One place we definitely don't want to cut back is our insurance coverage. Without proper insurance coverage, that rainy day can turn into a monsoon. Think about this: on your way to that job you are desperately trying to hold on to you are struck by an uninsured motorist. With uninsured motorist coverage you will have the opportunity to recover some of that time lost from work and medical bills but if you decided to cancel that coverage because it would save you around $75, you have made a losing bet. Some people will shop on line for coverage and look for a better deal, which is a great way to make sure you are getting the most for your money. But don't let that computer or person convince you the way to pay less is to get rid of some coverage. That coverage is money well spent when you need it, because you won't get it anywhere else. It is also money well spent if you don't end up using it, because peace of mind knowing it is there for you is priceless.

An Understaffed Nursing Home is a Leading Factor in Elder Abuse and Neglect

mindywein@cox.net (Blog Author)6192 — Fri, 14 Nov 2008 08:00:00 EST

Almost 50 percent of all nursing homes in the United States are short staffed, which has created an epidemic of nursing home abuse and neglect. When nursing home facilities are understaffed, the residents’ care is often neglected and abuse becomes prevalent.

There have been many reasons given for the understaffing of nursing homes. Some believe that it has to do with the fact that many of the nursing home facilities are owned by public corporations looking to increase the bottom line. By cutting back staff, the profit margin goes up. Other experts believe it has to do with government programs, such as Medicaid. Many nursing homes rely on payments from Medicaid, but often the amount paid is not high enough to cover nursing home costs. As a result, residents are not given the best level of care.

Nursing homes that are understaffed frequently lead to employee burnout and stress. Nursing staff becomes overworked and tired, which can lead to short tempers with the residents. Unfortunately, some residents become the victims of elder abuse, either physical or verbal. Nursing home staff members also do not have the time to focus on the individual care of each resident, when the facility is short staffed. A poor nurse to resident ratio can cause serious problems, such as malnutrition, dehydration, poor hygiene and bed sores. Since care becomes inadequate, it is not uncommon for medications to be given in either too high or too little doses.

If you believe that your family member has been neglected or abused at a nursing home due to understaffing, you should contact a Florida nursing home abuse attorney immediately. Call the law offices of Lilly, O'Toole & Brown, LLP at (863) 683-1111 for advice regarding your elder abuse case.

The article, Impact of Understaffing in Nursing Homes, has more information on this subject.

LRMC ER visits way up over last year

rgrode@loblawyers.com (Blog Author)6171 — Fri, 14 Nov 2008 08:00:00 EST

For Lakeland Regional Medical Center the fiscal year that just ended showed a 61 percent increase in charity care over the previous year. Lakeland Regional Medical Center gave $116 million in charity care in fiscal year 2007-08. In fiscal year 2006-07, the hospital gave $72 million in charity care. Charity care is simply care given in all areas of the hospital where there is very little chance of the hospital recovering those costs. Additionally, there was a substantial increase in bad debt being written off because patients had not paid for their care. The Lakeland Regional Medical Center Emergency Department continues to be one of the busiest in Florida and the recent fiscal year was no exception. Even properly equipped and staffed, mistakes can happen. Unfortunately, even medical malpractice can happen. Thankfully, Lakeland Regional Medical Center has one of the best prepared emergency room staffs in the entire state. If you believe you are a victim of medical malpractice, contact Lilly, O'Toole & Brown for a free consultation to learn your rights.

Full Coverage Can Leave You Empty

rgrode@loblawyers.com (Blog Author)6112 — Wed, 12 Nov 2008 08:00:00 EST

About twice a month I speak to a potential client who has been injured in a motor vehicle crash where the other driver, the one that caused the crash to begin with, has absolutely no insurance at all. Uninsured motorists are everywhere and are the cause of more than their fair share of accidents. This is logical to some extent. After all, they are not supposed to be driving without insurance yet they are, so why would you expect them to be good drivers? The even more sad part is when the potential client tells me they have "full coverage". This is when I have to be the bearer of bad news. "Full coverage" in Florida simply means you have property damage coverage and personal injury protection (PIP) coverage. No more, no less. This is all the law requires. Unfortunately, as we have said many times before, this leaves the potential client with almost no recourse. But more people are now buying uninsured motorist coverage, which provides for when you are hit by that other driver who has no coverage at all or only a small amount of coverage. Lilly, O'Toole & Brown urges everyone to get uninsured motorist coverage to protect themselves in the event of a motor vehicle crash. You could not depend on that other driver to not hit you, why would you think you can depend on that other driver to have insurance coverage to protect you?

Late season hurricanes are still a threat

rgrode@loblawyers.com (Blog Author)6041 — Mon, 10 Nov 2008 08:00:00 EST

As the late season tropical storm continues to assault Cuba, the tracking models continue to change. At first, when Paloma was a category 1 hurricane and then began to intensify it appeared to be heading out into the Atlantic. Once Paloma hit the high mountains of Cuba it drastically lost intensity and has now been downgraded to a tropical depression. But Paloma has also done an about face, now heading back across Cuba and appearing to carve a path right through the straits and into the Gulf of Mexico. The lesson learned is that even with the most technologically advanced equipment man has devised, it is still guesswork sometimes when dealing with the weather. Do not let your hurricane coverage be guesswork. Speak to your insurance agent today about your coverage. Make sure you have adequate coverage for your home and for your property. If you have to evacuate and can not live in your home, are you covered for that as well? What about pets that can not go to a shelter? What if someone is hurt while repairing your home? With hurricane season ending this month we can take a deep breath. Florida averted a catastrophic hurricane so far this year and the odds are in our favor that this will hold out until 2009. Don't let a natural disaster turn your home into a disaster. Speak to your agent today. If you have a hurricane related home issue already, speak to Lilly, O'Toole & Brown.

What Happens if a Defective Product Harms a Child?

mindywein@cox.net (Blog Author)5997 — Fri, 07 Nov 2008 08:00:00 EST

Almost every week, numerous children’s products are recalled in the United States. Reasons for recalls include anything from lead paint to suffocation hazards. As a parent of a young child, it is frightening to think that your child could be harmed by a defective toy or other product.

Within the last couple of years, there have been several stories of babies being killed by defective cribs or bassinets. Products are also constantly found to be infested with lead. Children frequently put items in their mouths and if the product has lead-based paint, that child is in serious risk of lead poisoning.

Manufacturers, distributors, importers and retailers can be held responsible when a child is injured by a defective product. These companies owe consumers a duty to provide products that are safe and free from defects. Poorly designed products, manufacturing flaws, inadequate warnings and the use of hazardous materials can all lead to serious injuries among children. Any of these actions are grounds for a defective product lawsuit. This area of law is also referred to as product liability.

Product liability lawsuits can be difficult to prove. The manufacturer or other liable party is usually willing to spend a tremendous amount of money on these types of cases to protect themselves from further liability among other consumers. To win a defective product case involving a children’s product, it must be proven that the product’s defect caused the child’s injury. An experienced defective products attorney can gather the necessary evidence, including testimony from product experts, to build a strong case.

The Florida product liability lawyers at the law offices of Lilly, O'Toole & Brown, LLP can review your case to help you determine if the product that injured your child was defective or dangerous in any way. Call (863) 683-1111 for a legal consultation.

The article, Defective Children’s Products, has more information on this topic.

Woman dies on U.S. 27 when ejected from sport utilty

rgrode@loblawyers.com (Blog Author)5978 — Fri, 07 Nov 2008 08:00:00 EST

Kristel J. Skipper of Avon Park died Thursday night when she was ejected from her vehicle. She was not wearing her seat belt. The 36 year old Skipper was airlifted to the hospital after the crash. She subsequently died at the hospital. According to the Florida Highway Patrol Skipper went into the grass median on U.S. 27 near County Road 630 and then came back on to 27. Skipper's 2000 GMC sport utility then began rolling and she was ejected while not wearing her seatbelt. Lilly, O'Toole & Brown investigates hundreds of vehicle crashes every year. Usually the most severe involve people who were not wearing their seatbelt. As a safety precaution it is a must. The odds of a seatbelt helping a person in a car crash are far greater than a seat belt hurting. As we have said before, it is also the law. Always wear your seatbelt, buckle up as soon as you get in the vehicle to make it a habit that is never forgotten. Then if you are the unfortunate victim of a negligent driver you don't have to worry about getting a ticket yourself for simply being there.

Red LIght Runners Beware

rgrode@loblawyers.com (Blog Author)5919 — Tue, 04 Nov 2008 08:00:00 EST

Beginning in January 2010 Lakeland will have an eye in the sky. Several eyes in fact, as cameras will be mounted on poles in eight different locations in Lakeland. The cameras will be located at intersections and will be used to catch people running red lights. It appears that this will allow one officer in essence to be at eight different locations at the same time. If a vehicle is determined to have run a red light then a ticket will be issued. If a ticket is not paid then a lien can be place on property owned by the person who owns the vehicle. The real issue here though is what happens if somebody else is using a person's car? The car doesn't get a ticket, the person does. So how does the police officer prove who was driving the car to enforce the ticket? This is probably not a big enough issue to concern Lakeland city commissioners, as most people will simply pay the ticket to avoid the hassle. But a legitimate argument can be made that the tickets will be unenforceable. How can the officer identify the driver? The driver has a right to remain silent and does not have to incriminate himself. Will the video be good enough to show the face of the driver? So good that the driver can be positively identified? By this time next year we should know.

Man struck and killed on Socrum Loop Road on Saturday

rgrode@loblawyers.com (Blog Author)5900 — Mon, 03 Nov 2008 08:00:00 EST

John Novas, a 64 year old man was crossing North Socrum Loop road in Lakeland on Saturday when he was struck and killed. Seventeen year old Layton Stein of Lakeland was driving a 1995 Ford south on North Socrum Loop road when he apparently struck Mr. Novas. Mr. Novas was transported to Lakeland Regional Medical Center where he passed away. Police are still investigating this tragic event. Roads are dangerous enough when a person is in a car, surrounded by metal and the latest life saving technology. When walking and trying to cross the road the danger factor grows exponentially. Lilly, O'Toole & Brown represents injured pedestrians and their families in unfortunate situations like this. As a word of caution a person can never stop looking for oncoming traffic when they cross the road. Look for approved crosswalks if available. If not, be careful of traffic coming both way and quickly cross the road even when no oncoming vehicles are seen. Better safe than sorry.

Florida City Leads Nation in Slip and Fall Deaths

rgrode@loblawyers.com (Blog Author)5847 — Fri, 31 Oct 2008 08:00:00 EST

In a study just released from the National Safety Council and Forbes West Palm Beach was determined to have the highest rate of slip and fall deaths in the entire country. In fact, according to the study Florida leads the nation in accidental deaths of all kinds, from poisoning, automobile crashes, accidental medical overdose and slip and fall deaths. Some states have cities with a higher per capita number, but no state beats Florida when accidental death is considered. Specifically as it relates to slip and fall injuries, most often this is due to flooring imbalance or some type of liquid on the floor itself. While the old adage "look where you are walking" certainly holds true, a person has a right to expect that when they go to a place of business the premises will be reasonably safe. And when at a business, take a look around. Businesses don't want you to watch where you are walking, they want you to look at the shelves, the displays and the merchandise. In exchange, it should not be too much to ask that they keep the floors clean, should it?

KNOW YOUR RIGHTS AT THE HOSPITAL

rgrode@loblawyers.com (Blog Author)5824 — Thu, 30 Oct 2008 08:00:00 EST

When a loved one ends up at the hospital it can be very hard to find out what is going on. Quite often there may be more than one doctor treating the patient but actually seeing either doctor is very difficult. Doctors have a tremendous work load both at their office and while making rounds at the hospital so time is a precious commodity. Also, nurses assigned to help your loved one have sometimes as many as ten other patients to make sure are fed, medicated properly, tended to according to doctor's orders and generally cared for in the hospital. With all of this going on it can often feel like the loved one is simply a number and getting information about the loved one's treatment seems impossible at best. Most of us do not understand a lot of medical jargon and simply finding someone who will take the time to explain it is very difficult. The loved one has a right to know what is going on and have it explained in simple, easy to understand terms. You must stand up for your loved one to make sure they are getting the best possible care. When Lilly, O'Toole & Brown investigates a medical malpractice issue, most commonly a person fell through the cracks and did not speak up. Do not let that be your loved one.

Recognizing Nursing Home Abuse

mindywein@cox.net (Blog Author)5761 — Tue, 28 Oct 2008 08:00:00 EST

If you have a family member in a nursing home, it is imperative that you know and understand the warning signs of nursing home abuse or neglect. The thought of your loved one being abused or neglected is a horrifying thought, but by becoming aware of the types of abuse and symptoms, you can help protect them.

Elder abuse is defined as doing something or failing to do something that ultimately harms an elderly person or puts him or her in harm’s way. Abuse can be either intentional or unintentional. If your loved one is living in a nursing home facility, the abuser could be the professional caregiver.

There are many forms of nursing home abuse, including physical abuse, sexual abuse, emotional abuse, neglect and theft. When someone physically harms an elder person in any way or fails to provide the necessary care, then that person has committed elder abuse and should be held responsible along with the nursing home facility.

The MayoClinic.com lists many warning signs of nursing home abuse, including bruises or cuts, rope burns, unexplainable broken bones, sprains, behavior changes, dehydration, malnourishment, weight loss, poor hygiene, bed sores, agitation, fear and missing money or valuables. Your family member may also make comments about abuse, which often indicates that abuse or neglect is occurring within the nursing home. By visiting your loved one regularly, you can identify any of these signs of potential abuse and take necessary action.

If you feel that your loved one is in immediate danger, you need to call the police. You should also contact a Florida nursing home abuse attorney who can help you file a claim against the nursing home facility. Contact the nursing home abuse lawyers at the Law Offices of Lilly, O'Toole & Brown, LLP at (863) 683-1111 for legal advice.

The article, Signs of Nursing Home Abuse, has more information on this topic.

Sinkhole in Lake Wales Reminds Us of Law Change

rgrode@loblawyers.com (Blog Author)5755 — Tue, 28 Oct 2008 08:00:00 EST

Lilly, O'Toole & Brown has handled many sinkhole claims over the years. After the devastation of multiple hurricanes in 2004 to central Florida sinkholes became a major problem all over the area. With ground and water systems unable to stabilize homes and property were sinking into oblivion. Now a number of families in Lake Wales are without homes as the duplexes they were living in slowly sink into the ground. When the first family noticed the problem they were waking up in the morning. Because the duplex had already sustained damage they were unable to open the door and had to escape from a side window with only the clothes on their back. Lilly, O'Toole & Brown would become involved when homeowner's insurance companies refused to pay on sinkhole claims when insureds made a claim. Homeowners were at the end of their rope while the companies that had received their premiums for years turned their back. Happily most of those situations turned out well for the homeowners, but not without significant work and litigation. Because homeowners were so successful insurance companies pushed for, and received, significant changes in the law. Before talking with an insurance company about a potential sinkhole claim, make sure to talk to an attorney who understands this type of claim and can help.

Polk County is Getting Rain, Be Careful Out There

rgrode@loblawyers.com (Blog Author)5651 — Fri, 24 Oct 2008 08:00:00 EST

October is never a month for a lot of rain (unless there is a late season hurricane) but this year is even more dry than normal. Well below average rainfall has led to brown lawns, lower lake levels and less practice driving on wet pavement. Today is apparently changing all that and tomorrow should be more of the same. It has been raining in some part of Polk County for the past few hours and will continue to do so off and on for the rest of today and part of Saturday, before cooler weather and, again, no rain rules the day. Until then however it pays to remember the rules of the road. It can not be emphasized enough how taking a few extra minutes to get where you need to be can make all the difference. Not being in a hurry will allow time to properly observe what is going on around you and give you the time to make decisions while driving without worrying about being late. Texting and cell phone usage should be saved for when you get to your destination (another good reason for leaving a few minutes early). Driving defensively will aid you in getting to your destination safely and with minimum stress.

Attorneys and Insurance Companies Agree - Uninsured Motorist Coverage is Key

rgrode@loblawyers.com (Blog Author)5617 — Thu, 23 Oct 2008 08:00:00 EST

Usually attorneys who represent injured people and insurance companies don't see eye to eye. But there are a few issues which are important to both groups, but maybe for different reasons. One of these is uninsured motorist coverage. This is coverage that goes beyond what is commonly referred to as "full coverage", a misnomer because the coverage is actually very limited, not "full" in any way. But uninsured motorist coverage provides a much needed benefit to the insured. As attorneys we are often confronted with a situation where a person has been seriously hurt by another driver, yet the other driver has no insurance and no ability to pay for the injuries they have caused. If the client has uninsured motorist coverage, the client's own insurance will step in and provide the client with an opportunity to pay medical bills, cover lost wages and provide some stability in an unstable situation. The insurance companies endorse the idea of uninsured motorist coverage because of the obvious situation above and another as well: increased coverages equal increased premiums which increase the bottom line. But whatever the reason we all agree, for the small increase in premium there is much greater peace of mind.

Medicare Won't Pay for Hospital Surgical Mistakes

mindywein@cox.net (Blog Author)5440 — Fri, 17 Oct 2008 08:00:00 EST

If the surgeon leaves a sponge inside a patient during surgery, Medicare will no longer pay for the costs associated with correcting the problem. Beginning this month, Medicare will not pay for the correction of medical errors. Experts are hoping that this change helps reduce the number of surgical mistakes and increase the quality of care.

Medicare identified 10 conditions that are “reasonably preventable,” in which hospitals will no longer be reimbursed. The government agency believes that these conditions are the direct result of poor hospital care. The conditions listed include situations such as leaving a foreign object inside the patient after surgery, incompatible blood transfusion, bed sores, air embolism, falls, urinary-tract infections caused by catheters, surgical infections, vascular infections from catheters, poor glycemic control and pulmonary embolism. Medicare did not include “never events” in the list of conditions, which are circumstances that should not have happened in the first place, such as removing the wrong limb.

Patients will also not be required to reimburse the hospital for these conditions. The financial burden will instead be placed on the hospital. Many insurance companies are also following Medicare’s example and have listed conditions that they will no longer pay for as well.

Even though Medicare will not save a significant amount of money by not reimbursing hospitals for certain conditions, the theory is that there will be an overall higher savings by reducing unnecessary treatments resulting from medical errors. It is estimated that Medicare will save $12 million of the $110 billion spent on in-patient hospital care annually.

Recently, Medicare also started a public reporting system of hospitals’ performance levels. Officials feel that these initiatives will pressure hospitals to improve quality and safety within their facilities.

If you have been harmed by a surgical mistake or hospital error, contact law offices of Lilly, O'Toole & Brown, LLP at (863) 683-1111 to speak with a Florida medical malpractice attorney.

The article, Hospital Surgical Mistakes Not Covered by Medicare, has more information about Medicare’s new initiatives.

Reisdency Programs at Area Medical Facilities Should Help Keep Doctors

rgrode@loblawyers.com (Blog Author)5371 — Wed, 15 Oct 2008 08:00:00 EST

A few years ago the people of Florida were being told about a medical emergency the likes of which we have never experienced. Medical doctors were leaving the state in droves, the doctors who remained were unable to make malpractice insurance payments and malpractice carriers were becoming harder and harder to find. None of this is true, but it made for a great backdrop for the malpractice carriers to pitch the claim to the Florida Legislature that malpractice jury awards were out of control and something needed to be done. Well, now it appears at least for Polk County the shortage of doctors is being addressed. Lakeland Regional Medical Center and The Watson Clinic are both taking on residency doctors. These are medical students who are training in particular fields such as orthopedics, neurology and internal medecine that need additional hands on training in their chosen area. The idea is to introduce these future doctors to the area and entice them to stay and provide continued care when they have finished their training. This seems like a much more reasonable response to a "doctor shortage" than arbitrarily attempting to prevent an injured person from recovering from the doctor that injured them.

DUI DRIVER CHARGED WITH MANSLAUGHTER

rgrode@loblawyers.com (Blog Author)5334 — Tue, 14 Oct 2008 08:00:00 EST

Leah Whidden, a Mulberry resident was arrested on Tuesday, October 14 and charged with DUI manslaughter as a result of a car crash that happened in May. Whidden was driving her 1999 Jeep when she lost control and began spinning. The Jeep then flipped and and struck another vehicle, whose driver is apparently being charged with DUI as well. Whidden had two passengers in her car that were ejected, it is unknown whether they were wearing their seatbelts. One of passengers died two weeks following the crash, resulting in Whidden's arrest. This situation combines two of the worst things about car crashes that Lilly, O'Toole and Brown investigates: drunk driving and failing to wear a seatbelt. Even with more heavily enforced DUI laws, people still make the unfortunate decision to drink and drive. Impaired abilities result and all to often people get hurt or killed due to this negligent act. Failing to wear a seat belt is asking for an injury. Never ride with a driver who has been drinking and always wear your seatbelt.

TRAGIC DEATH ON STATE ROAD 60, NOT WEARING SEAT BELT

KC@loblawyers.com; CMurphy@loblawyers.com (Blog Author)5281 — Mon, 13 Oct 2008 08:00:00 EST

Lorenzo Zarate was alone in his 1992 Chevrolet pickup around 1:30 in the morning on Sunday when he died in a single vehicle collision. Mr. Zarate was on State Road 60 and headed east bound when he drove off the road onto the south shoulder. While attempting to get back on the road Mr. Zarate over corrected, sending his truck into a clockwise spin and turning the truck over. As a result Mr. Zarate was thrown out of the truck onto the shoulder of the road where he died. Mr. Zarate was apparently not wearing his seatbelt, which is why he was thrown form the truck. This unfortunate circumstance is seen at Lilly, O'Toole and Brown all to often. We see people with horrible, sometime life threatening injuries that could have been prevented if only the person had been wearing their seatbelt. Sometimes seatbelts do not make any difference in a car crash but more often they help prevent tragic injuries or death. On top of that, it is the law. So when you get in your vehicle make sure you buckle up for safety. You may not get that choice in the middle of the crash.

School Bus Driver Negligent in Parking Bus on Railroad Crossing

KC@loblawyers.com; CMurphy@loblawyers.com (Blog Author)5221 — Fri, 10 Oct 2008 08:00:00 EST

How does this woman still have a job? A school bus driver in Volusia County stopped her bus on a railroad track after becoming upset that children on the bus were misbehaving. This woman actually decided it was okay to stop on the railroad track when children that were on the bus saw a train coming. Allegedly the woman told the children she would get off the bus with her own child and leave the other children on the bus to get hit. She has been giving a different assignment at work where she does not interact with children. Unfortunately car crashes involving school buses do happen. Lilly, O'Toole & Brown has represented dozens of clients invovled in crashes involving school vehicles, as well as school employees injured by the negligence of other drivers. But to leave a bus on railroad tracks because one is upset with misbehaving children is well beyond the simple standard of negligence.

LPD OFFICER RUNS LIGHT, HITS CAR

KC@loblawyers.com; CMurphy@loblawyers.com (Blog Author)5185 — Thu, 09 Oct 2008 08:00:00 EST

Monday night a Lakeland Police Department Officer Matthew Anderson was on an emergency call when he struck Michelle Renelique. A little before 11 p.m. Officer Anderson was on Massachusetts Avenue and went through the intersection with Memorial Boulevard. According to witnesses Officer Anderson had his emergency lights on but was not using his siren as he went through the light. The light was red for traffic traveling in the direction of Officer Anderson. The extent of injuries is unknown at this time. Another car, driven by Kevin King also was involved but apparently Mr. King only suffered minor injuries. Lilly, O'Toole & Brown handles hundreds of car crashes each year and intersection crashes are some of the most common. Intersections require even more care and observation than just driving down the street. Be aware of your surroundings and drive defensively. Getting to your destination safely is the first priority.

No Cold Medicine for Kids

KC@loblawyers.com; CMurphy@loblawyers.com (Blog Author)5148 — Wed, 08 Oct 2008 08:00:00 EST

Pediatricians for years have been arguing with drug companies about cold medicine for kids. Now, there is apparently some type of understanding between the two groups, as drug companies began informing potential users of their products that children under the age of four should not use cold remedies. There will also be a warning issued on the medecine itself that antihistamines should not be used on children to make them sleepy. Lilly, O'Toole & Brown deals with product liability issues almost on a daily basis, usually against big companies like the drug companies. It is a nice change of pace to see the drug companies working with doctors to determine if certain medicines are right for certain groups of people. Hopefully, this is a sign of better warnings about possible adverse effects from medication rather than hiding those effects until the government and injured persons start investigating.

KC@loblawyers.com; CMurphy@loblawyers.com (Blog Author)5138 — Tue, 07 Oct 2008 08:00:00 EST

Ask The Hard Questions When Choosing A Lawyer

rgrode@loblawyers.com (Blog Author)4917 — Mon, 29 Sep 2008 08:00:00 EST

People search for attorneys lots of different ways. The most common is through friends and family who have dealt with lawyers before.
Also commonly used is advertising like radio and TV commercials or the phone book. But how do you know you have the right attorney?
In Polk County, Lilly, O’Toole & Brown has more Board Certified Civil Trial Lawyers than anybody else. 50% of the attorneys are currently Board Certified by the Florida Bar in Civil Trial, again a distinction no other law firm in Polk County can take credit for.
So when you meet with a lawyer make sure they have the credentials to back up what they are saying. Is the firm they work with capable of handling your claim? Will they go to trial if necessary to protect your interests? With advertising lawyers always suggest you contact them to get free information about their credentials. Take the time to do that and you will see that experience matters.
Some of the lawyers used to work with insurance companies and understand how the insurance company evaluates a case. Others have varied backgrounds in business and finance and still others have long standing ties to the community. Get that free information and find out if the lawyer is the one for you.

False Medical Malpractice "Crisis" Hurts Victims

rgrode@loblawyers.com (Blog Author)4916 — Mon, 29 Sep 2008 08:00:00 EST

Lilly, O’Toole & Brown receives phone calls and emails every day from people who have been victims of medical malpractice. Oftentimes it is a poor diagnosis or failure to request diagnostic testing which would help narrow down the causes of the victim’s distress.
Luckily the United States has some of the best physicians in the world and only a small part (like almost any profession) seem to create the most problems. Unfortunately a few years ago the Florida Legislature responded to a medical malpractice issue that did not exist.
The legislature was confronted with concerns that doctors were leaving the state in droves and verdicts against doctors were out of control. Neither one of these things were true, but for insurance companies that insure medical malpractice it created the opportunity for windfall profits that have been hitting the insurance industry ever since.
But as a result of the insurance company tactics the Legislature imposed new rules on medical malpractice claims. As a result of the tightened rules many legitimate malpractice claims now are swept aside and the victim is never able to recover.

CSX Still Looking for Deal That Limits Its Liability

rgrode@loblawyers.com (Blog Author)4914 — Mon, 29 Sep 2008 08:00:00 EST

Apparently the CSX sweetheart deal will just not go away. The City of Lakeland is against the deal because of the number of trains that would dissect the downtown every day. Winter Haven and east Polk County are for it, because of the promised jobs and income for the area.
John Q. Public may be for it or against it, once the facts come out.
As it stands now there is no CSX deal, but CSX is apparently continuing to work behind the scenes to bring it to the next legislative session. The big hold up in the past has been the desire for CSX to have liability immunity.
In essence, CSX wants the assurance that even if they act negligently and cause injury to a person they will not have to pay for it. The most recent time this went before the legislature the idea was to have the state government pick up the tab.
This could limit a person’s recovery under sovereign immunity laws to $100,000. If a person is hit by a train and lives, the medical expenses alone could exceed $100,000. What about lost wages, loss of life’s pleasures? Do you think CSX will step in and help out when they have their immunity?

Anthony Smith Struck, Killed by Train

rgrode@loblawyers.com (Blog Author)4913 — Mon, 29 Sep 2008 08:00:00 EST

Saturday morning around 8 a.m. Anthony Smith was walking along the train tracks when he was struck and killed by an eastbound CSX freight train.
Apparently the train blew it’s warning horn several times but Smith did not react to it. The train applied emergency brakes but was unable to stop.
Given the massive tonnage of a freight train and the relatively short distance in which the train could stop, it is no surprise the train was unable to stop in time. While it appears there is no liability on the part of CSX, it is interesting to note what could have happened if the recent CSX shenanigans had continued and there was some liability.
Many months ago CSX was attempting to carve out a special loophole for itself in Florida law, one that would exempt CSX from any liability when it is negligent and causes injury or death to a person. If that deal had gone through there would not even need to be an investigation involving the tragic death of Anthony Smith because CSX would just point to their immunity and say “too bad”.

Personal Injury Protection Insurance Is There to Protect You, Regardless of Fault

rgrode@loblawyers.com (Blog Author)4912 — Mon, 29 Sep 2008 08:00:00 EST

Attorneys at Lilly, O’Toole & Brown have a question asked quite often involving car crashes. If the other person caused the crash, why is the client’s insurance company having to pay for the client’s medical treatment?
Generally, owners of vehicles are required by Florida law to have Personal Injury Protection coverage as a part of their policy. Commonly referred to as “no fault” coverage, in essence it means the fault of the parties is not considered for this coverage.
If you have the coverage it provides for payment of a percentage of medical bills and lost wages related to the car crash. So in the payment of no fault benefits who is at fault makes no difference.
Lilly, O’Toole & Brown is aware that most injuries cause medical bills well in excess of most people’s Personal Injury Protection limits. That is when the right attorney can make a difference in how medical bills and lost wages will be covered in the future.

Lakewood Terrace Apartments May Be Shut Down

rgrode@loblawyers.com (Blog Author)4911 — Mon, 29 Sep 2008 08:00:00 EST

The Ledger reported that the government is considering shuttering Lakewood Terrace Apartments in Lakeland, one of a very few public housing facilities in Lakeland.
The apartments have been cited for a number of critical health and safety violations for more than a year and residents struggle with clogged plumbing, exposed wiring and crime issues, as well as a host of other health issues.
Safety can be a big issue and Lilly, O’Toole & Brown is familiar with premises safety and liability issues. Owners of property owe a duty to anyone invited onto the premises, including people who pay rent to live there.
The owner’s duty can include making sure the property is safe, especially if there have been problems with security in the past. Commonly referred to as “negligent security” issues, this most commonly happens when a series of robberies occur at an apartment complex and the owners choose to ignore the problem or even worse neglect to tell prospective tenants about the problem.
When this occurs the property owner can be liable for injuries that occur as a result. If this happens to you, contact Lilly, O’Toole & Brown to discuss your rights.

Family Struck, Daughter Killed Crossing Street

rgrode@loblawyers.com (Blog Author)4910 — Mon, 29 Sep 2008 08:00:00 EST

Recently a young child was killed and the mother is still in critical condition in Tampa after being injured while crossing the street in Lakeland, Florida. This is an unfortunate situation which will affect all the involved parties, both the driver and the pedestrian(s).
Crossing a street with children is a dangerous task because children can be erratic and cars are dangerous. When crossing the street with children you should be absolutely sure you have enough time for even the youngest and smallest child in your group to cross the street safely. With multiple children it can be helpful to have an older child assist a younger one, again understanding that time is probably the most important thing to remember.
If no cars are coming, then you might have all the time in the world to cross safely. If cars are coming then the safety of the children needs to be the primary concern. Crossing a busy street alone is hard enough, with children the complexity is multiplied.

Construction Worker Killed While Crossing Street

rgrode@loblawyers.com (Blog Author)4908 — Mon, 29 Sep 2008 08:00:00 EST

On Monday, September 22, a construction worker was killed in Lakeland while crossing the street. This was a postlude to a lady and two children being hurt (one of the children eventually passing away) just a few days before.
We can all learn some very important lessons from these examples so that we became the next unintended victims. Always be aware of your surroundings, especially when crossing a street. The car that is coming is many times bigger, many times faster and many times more dangerous than you are.
Be respectful of that car and make sure it is far away from you before you make the decision to cross the street. When crossing the street do so quickly and with purpose. Do not stop as you are crossing, make sure to get all the way across. If there is any concern at all that you will not be able to cross safely before the car gets to your location, wait. Waiting an extra few minutes for a safe time to cross can mean saving a trip to the emergency room.

Surprise! Texting While Driving Can Be Hazardous to Your Health

rgrode@loblawyers.com (Blog Author)4907 — Mon, 29 Sep 2008 08:00:00 EST

A shocker from the Associated Press – texting while driving makes a person more likely to be in a motor vehicle crash.
That can be coupled with a long list of things which have been documented to take a driver’s attention from the road and right out the window. While the number of deaths from motor vehicle crashes went down this past year, the vast majority involve people not paying attention while they ramble down the highway. The best way to not become a part of that statistic has not changed.
Lilly, O’Toole & Brown still sees crash victims on a daily basis due to the negligence and inattention of the other driver, which can all be avoided if people pay attention while driving.

KC@loblawyers.com; CMurphy@loblawyers.com (Blog Author)4906 — Mon, 29 Sep 2008 08:00:00 EST

Traffic Deaths Down, But Stay Alert

rgrode@loblawyers.com (Blog Author)4905 — Mon, 29 Sep 2008 08:00:00 EST

A recent story in the Ledger documented a decrease in the number of traffic deaths in the past year and indicated this was due to increases in the price of gasoline.
It is hoped that the bigger reason is people being more aware of what they are doing and less inclined to talk on the phone, eat, text or do any number of other things that prevent a driver from giving their full attention to the road. The old saw still rings true: give yourself plenty of time to get where you need to be, pay attention and keep your cool.
Getting there is the idea, not getting stopped because of an avoidable incident. Giving yourself that extra time is difficult because every thing always seems so rushed but you will be thankful you did when that driver in front of you realizes his text message just caused him to run a stop sign or while dropping his donut he looked down and hit the car in front of him. You took that extra couple of minutes and were able to avoid the problem and everything that comes afterwards. A few extra minutes now means no stopping at the repair shop to see how the car is doing or the extra hours at the emergency room.

Whiplash Caused by a Car Accident in Florida

mindywein@cox.net (Blog Author)4901 — Mon, 29 Sep 2008 08:00:00 EST

Whiplash injuries are among the most common injuries caused by car accidents. This type of injury occurs when the neck is hyper-extended, which is often a result of being struck from behind, such as in a situation where you are rear-ended by another car.

When you are struck from behind, your body is pushed forward, but your head does not immediately follow. As a result, muscles and ligaments can be stretched or torn. Whiplash can be very painful and the time it takes to recover varies greatly. Some people experience symptoms of whiplash for years.

Neck pain, neck stiffness, headache, dizziness, fatigue and arm weakness are all associated with whiplash. Serious cases of whiplash can cause depression, anxiety and sleep disturbances, which only complicates the recovery. The treatment of whiplash depends heavily on your symptoms. A cervical collar is frequently used to help stabilize the neck. Physicians also regularly prescribe ice and heat therapy, bed rest, neck rest, muscle relaxers and pain medication. Your doctor may even recommend physical therapy to help with the recovery of your whiplash injury.

If you have received a whiplash injury, you may find yourself unable to return to work right away and as a result could suffer a financial loss. Medical expenses tend to add up as you receive treatment for your injury. You do not have to bear the financial burden alone if the whiplash injury was the result of someone else’s negligence. If someone is to blame for your whiplash injury, you may be entitled to compensation. Contact Lilly, O’Toole & Brown, LLP at (863) 683-1111 for advice regarding your case.

Read more about whiplash injuries in the article, Symptoms and Treatment of a Whiplash Injury.

Errors Made By Dentists

mindywein@cox.net (Blog Author)4554 — Fri, 12 Sep 2008 08:00:00 EST

Most people do not look forward to going to the dentist to have dental work completed. In fact, many individuals would admit to being just a little bit anxious. Now there is even more to worry about when sitting in that dental chair – one out of every seven reportable malpractice cases involve a dental professional, according to the National Practitioner Database by the U.S. Department of Health and Human Services.

Dental malpractice can take many forms, including failure to diagnose oral cancer, dental error, nerve injuries to the tongue, loss of taste or oral surgery error. Basically, dental malpractice can be defined as the failure to provide reasonable care, resulting in injury to the patient. Injuries caused by dentists and other dental professionals can range in severity, but when the patient is seriously harmed, he or she may have a strong dental malpractice case. Typically, the injury must be caused by negligence on behalf of the dentist or other dental professional for there to be a valid case.

Patients who have been injured while receiving dental work may be able to recover compensation for their injuries. Monetary damages could be awarded for pain and suffering, lost wages and medical expenses. In some incidences, the patient may also be entitled to punitive damages.

If you have been injured by a dentist or dental professional, you may be a victim of dental malpractice. Contact the dental malpractice attorneys at the Law Offices of Lilly, O'Toole, & Brown LLP for a free consultation.

For more information about dental malpractice, read the informative article, “Dental Malpractice Can Cause Serious Injuries.”

Seat Belts Save Lives in Polk Parkway Collision

rgrode@loblawyers.com (Blog Author)4265 — Fri, 29 Aug 2008 08:00:00 EST

Don Farlow was seriously injured on Thursday in Lakeland on the Polk Parkway, but wearing his seatbelt may have saved his life.

Mr. Farlow was on the Polk Parkway and came into contact with a car driven by Dorothy Wagner. Mr. Farlow’s car then struck a semi truck driven by Michael Gibson of Holmes Beach. No injuries were reported for Mr. Gibson or Ms. Wagner.

Lilly, O’Toole & Brown handles car crashes on a daily basis and can tell people through experience that seat belts save lives. Mr. Farlow was trapped in his car and had to be extricated by rescue personnel. But without a seatbelt it could have been much worse for him and a tragedy for his family. The constant message is be aware, drive defensively and always wear your seatbelt.

Apple Involved in a Defective Product Lawsuit

mindywein@cox.net (Blog Author)4209 — Tue, 26 Aug 2008 08:00:00 EST

A recent article posted on PC Magazine’s website titled, Apple Sued Over iPhone 3G Problems, raises interesting questions – what is considered to be a defective product and when can a defective product lawsuit be filed? The article discussed a class action lawsuit that has been filed against Apple over the iPhone 3G. There are at least 100 class members and $5 million in damages are being pursued in the lawsuit.

The class action lawsuit was filed by an Alabama woman who experienced reception and speed problems with her iPhone 3G. The woman purchased her phone in July after being exposed to various advertisements boasting the iPhone’s new speeds. According to the lawsuit, “one could barely turn on the television without hearing that the new iPhone 3G was ‘twice as fast for half the price.’” Once the woman started using the device, her Internet connection, e-mail and text messages were slower than advertised and expected. She previously owned the first generation iPhone and said that the new device regularly dropped her calls.

The lawsuit contends that Apple is selling a defective product and is receiving a financial benefit as a result. The class members are requesting damages, costs and attorneys’ fees. In addition, the woman who instigated the lawsuit is requesting that Apple repair or replace her iPhone 3G.

Consumers have been reporting reception problems since the phone was released in July. In response to these problems with the iPhone 3G, Apple has posted a software update via iTunes, which is meant to fix the connection issues. It will be interesting to see if the iPhone 3G is considered to be a defective product and if the product liability lawsuit is successful.

Tenth Circuit Judge Elections – Go Vote!

rgrode@loblawyers.com (Blog Author)4169 — Mon, 25 Aug 2008 08:00:00 EST

Tuesday, August 26, 2008 will be an election day in Polk County. Lilly, O’Toole & Brown encourages everyone to go out and exercise your constitutional right to vote, but do so wisely.

Before casting a ballot for a particular candidate or position, make sure you know what it involves. Review sample ballots ahead of time and get some information on the issues.

There is an election for a Circuit Judge position this year, with two candidates. Nathaniel White and John Radabaugh are the candidates, and both are very well qualified to serve in one of the toughest jobs in the legal field. Look at their websites, literature and reputation. Talk to friends familiar with the candidates and cast a well-informed vote for the person you think will better serve the Tenth Circuit.

There are a lot of countries in the world that don’t have the right to vote, so take a moment and be thankful for what we have.

Tropical Storm Fay – Are You Covered?

rgrode@loblawyers.com (Blog Author)4125 — Fri, 22 Aug 2008 08:00:00 EST

After the trifecta of hurricanes that hit central Florida in 2004, insurance companies scrambled to change policies to better protect themselves. Faced with potential losses that could bankrupt them, the companies changed policies, cancelled policies and increased premiums many times over to make up for shortfalls and stockpile money for the next major storm.

But this hurts insureds, so be prepared. Review your policy and make sure you understand what is covered and what is not covered. Speak to your agent and make sure the agent understands your needs and has you properly insured. If an issue comes up, contact an attorney to help you work your way through the legal paperwork if your insurance company suddenly decides they do not have to cover a loss.

Another Crash, Another Death With No Seat Belt

rgrode@loblawyers.com (Blog Author)4124 — Fri, 22 Aug 2008 08:00:00 EST

Ervin Allen Giberson Jr., 27, died Saturday morning when the truck he was driving spun out of control, flipped and hit a utility pole.

Mr. Giberson was driving on Recker highway at the time and was not wearing his seat belt. According to the Florida Highway Patrol Mr. Giberson was ejected from the truck and onto the east shoulder of Recker Highway.

The impact was so great that it affected power lines, causing disruption for more than 10 hours while Tampa Electric worked to repair the lines. All too often Lilly, O’Toole & Brown sees the unfortunate after effect of a person not wearing their seat belt. Not only is it the law, it is an injury prevention precaution that saves lives. Sometimes an injury may be caused due to a seat belt, but more often a life is saved by its use. Buckle up every time.

Parents Arrested for Death Involving Drunk Teenagers

rgrode@loblawyers.com (Blog Author)4123 — Fri, 22 Aug 2008 08:00:00 EST

As discussed in an insightful article by Steve Brown, one of the fine attorneys at Lilly, O’Toole & Brown, alcohol and teenagers do not mix well. And when parents of the teenagers provide the alcohol, the results can be disastrous.

The parents of a Sarasota High School student were arrested recently on charges they provided alcohol to teenagers at a house party that ended with the death of an 18-year-old. The parents bought the beer for nine teenagers, watched the teens play beer games and never tried to slow down the drinking, according to the arrest reports.

A fight started at the home and some of the teens were injured. As discussed in the Lilly, O’Toole & Brown newsletter, the potential liability here is great, but the criminal aspect is even more disturbing.
To obtain a copy of our newsletter -- The Docket -- go to our homepage and look for newsletters at the bottom right-hand portion of the page for the link.

TRAGIC DEATH ON I-4, DECEASED NOT WEARING HER SEATBELT

rgrode@loblawyers.com (Blog Author)3886 — Mon, 11 Aug 2008 08:00:00 EST

On Sunday in Lakeland a truck was spotted driving erratically down the interstate. According to the Florida Highway Patrol the truck was involved in two minor crashes before getting onto I-4 and swiping another car while the truck was passing vehicles in the emergency lane. The truck then went airborne, flipped over three times and stopped.

The female driver of the truck was ejected and died. She was not wearing her seatbelt and was seen talking on a cell phone while driving erratically. The facts involving the woman’s driving are still being discovered, but time and again it has been proven that wearing seat belts saves lives.

This tragic death may have been averted if the seatbelt had been worn. It can also be said that the erratic driving, coupled with attention diversion caused by the cell phone, were large contributors to this scene. As always, we urge drivers to wear their seat belts, pay attention to the road and give yourself plenty of time to get to where you are going. The alternative can be fatal.

Who Got the Ticket? Who Cares?

rgrode@loblawyers.com (Blog Author)3860 — Fri, 08 Aug 2008 08:00:00 EST

Many times we meet with people that have been involved in motor vehicle crashes that think it should be a very simple process. After all, the other driver got a ticket.

Doesn’t that mean it was the other driver’s fault? Not necessarily, which is why you want to have your attorney working on your case as quickly as you can. Receiving a ticket just means the law enforcement officer believes you committed some infraction. Many times people fight the ticket in court and the ticket is thrown out.

More importantly, if you are injured as a result of the ticketed person’s negligence that ticket may never see the courtroom. In the courthouse the jury gets to decide who is at fault, not the police officer. So if involved in a motor vehicle crash, make sure to document vehicle positions, take pictures and get names and contact information from any witnesses. Do not rely on the law enforcement officer to do this, only you can be sure it is done properly. And if injured or even suspecting an injury, see your doctor or the emergency room immediately.

Experts predict more hurricanes – Better check your coverage

rgrode@loblawyers.com (Blog Author)3859 — Fri, 08 Aug 2008 08:00:00 EST

A report was just released indicating hurricane expert have increased the number of named storms this year from 15 to 17, with many more tropical depressions.

The increase was caused by the large number of active systems occurring so early this year in the hurricane season. This provides a good reminder to check your coverage for hurricane damage with your home insurance agent. Most policies were changed in the aftermath of the 2004 hurricane season and a lot homeowners are simply not aware of what has happened. Now instead of a standard amount for a deductible, it turns into a percentage of the value of the home.

Also, some items may not even be covered anymore. Sit down with your agent and make sure you have the necessary coverage to protect yourself if we have the big hit again.

Too Many Children Are Harmed by Medical Mistakes

mindywein@cox.net (Blog Author)3820 — Wed, 06 Aug 2008 08:00:00 EST

According to researchers of a recent study, 1 out of 15 hospitalized children are harmed by accidental overdoses, medicine mix ups and bad drug reactions. This alarming rate is significantly higher than what was originally estimated.

It is difficult enough when parents have children in the hospital and this new statistic only compounds their fears. The study showed that there were multiple drug treatment mistakes made with some children. These medical mistakes can cause serious harm to patients and medical providers need to be held accountable. Parents are justified in their concern regarding the care their child is receiving from the hospital.

A new method of detection was used in the study that promoted an in-depth review of the patients’ care. Charts were analyzed to pinpoint drug-related events. Researchers looked for signs of drug overdoses, suspicious side effects and certain lab tests. Some hospitals are now using the same detection method to determine how many harmful drug related events occurred. Hopefully these hospitals will be able to decrease the number of patients injured by medical errors.

Parents trust that their children are going to receive the best care possible and they rely on the expertise of doctors, nurses and other medical staff. This study shows that too many medical errors are being made and as a result, young patients are harmed. Some experts believe that the rate of drug treatment mistakes may be even higher as only 960 children were studied at 12 different children’s hospitals. The study didn’t include general community hospitals where most children are treated.

The article, “1 in 15 Hospitalized Children Are Harmed By Medical Mistakes” has more information about the study.

Slip and Fall -- Check Your Shoes!

rgrode@loblawyers.com (Blog Author)3795 — Tue, 05 Aug 2008 08:00:00 EST

As a personal injury law firm Lilly, O’Toole & Brown see a lot of different type of cases. One of the most common we see is “slip and fall”. This refers to a situation where a person is injured when they slip on something on the floor and are injured as a result.

One of the first things a potentially at fault party (usually the property owner) will do is claim the person who was injured was wearing improper shoes. Either the shoes were worn out or were not designed to be worn in a public place (house slippers) or something like that.

Lilly, O’Toole & Brown has usually found this to be a very weak defense, but want to caution potential claimants about its use. If injured as a result of a slip and fall it is important to keep those shoes to show there was nothing wrong with them. More likely the culprit is a spill of some type, but don’t leave yourself open to a possible “bad shoe” defense.

Motorcyclists Are Always in Danger

rgrode@loblawyers.com (Blog Author)3794 — Tue, 05 Aug 2008 08:00:00 EST

Gerald Pitts of Winter Haven suffered serious leg injuries on Saturday when his 2007 Honda motorcycle was struck by James Hill driving his 2007 Chevrolet pickup.

After being struck Pitts was pushed into another truck. Mr. Hill left the scene and was found later. Mr. Hill was charged with leaving the scene of the crash with serious injuries. There is some discussion that Mr. Hill drove through a red light and struck Mr. Pitts. Apparently, Mr. Pitts was not negligent in any way but has suffered serious injuries. Motorcyclists must always be on the lookout for other vehicles.

The motor cycle has a serious disadvantage when faced with the weight and steel of today’s cars and trucks. By the same token, car drivers must be constantly aware of their surroundings. Human beings were designed to process information while walking or running. Going at speeds many times greater than the fastest man can run requires a lot of work from our brains, so don’t over tax them.

Allstate Ranked No. 1 -- For Complaints

rgrode@loblawyers.com (Blog Author)3697 — Wed, 30 Jul 2008 08:00:00 EST

The American Associaton for Justice has listed Allstate as the worst insurance company in the United States.

Allstate has achieved this dubious honor by raising premiums, denying claims and refusing to provide insurance to those who need it most. The Association looked at documents from all over the United States, including court documents, SEC records, news accounts and also spoke to former insurance agents and adjusters.

The Association listed the worst ten offenders, but Allstate stood above the crowd. With profits of more than $4.6 BILLION in 2007, Allstate has found a way to delay and deny claims that other insurance companies can only look on in envy. As an example, in the wake of Hurricane Katrina, the Louisiana Department of Insurance received almost twice as many complaints about Allstate’s adjusting policies (1,200) as the next offender, State Farm (700).

SPILLED DRINK LEADS TO CRASH, INJURIES ON I-4

rgrode@loblawyers.com (Blog Author)3674 — Tue, 29 Jul 2008 08:00:00 EST

Keith Klingensmith, 40, of Orlando and James Klingensmith, 13, were heading east on Interstate 4 on Monday when struck by a semi.

Benjamin Williams, 43, was driving a 2006 Freightliner semi when he struck the rear of the Klingensmith’s car. Both of the Klingensmiths were airlifted to Lakeland Regional Medical Center with serious injuries.

This was a very preventable crash, as the only reason it occurred was a spilled drink and lack of attention to the road. Mr. Williams spilled his drink and became distracted. All too often the spill occurs and the person is concerned about cleaning up the spill and becomes distracted.

Lilly, O’Toole & Brown investigate crashes of this type almost daily and too often the person driving just became too distracted to drive safely. When driving any vehicle but especially multi ton semi tractors, constant vigilance is required. All too often failure to keep an eye on the road means someone is going to the emergency room.

10 Worst Insurance Companies

bmglas@wm.edu (Blog Author)3666 — Mon, 28 Jul 2008 08:00:00 EST

The American Association for Justice (AAJ) has a list of the ten worst insurance companies in America.

Topping this list - Allstate. We've blogged before about Allstate, several times, so it comes as no surprise to us that the "good hands" people made it to the top of this list.

Others on the list were:

2. Unum

3. AIG

4. State Farm

5. Conseco

6. WellPoint

7. Farmers

8. UnitedHealth

9. Torchmark

10. Liberty Mutual

The full report is worth reading, and gives a 2-3 page synopsis of why each insurer made the list. Unfortunately, most insurance companies put profits over people and no longer deal fairly with their policyholders. The American Association for Justice concludes with three policy reforms that would benefit insurance purchasers:

1. Requires that all insurers work in good faith with customers.

2. Establish an insurance consumer advocate.

3. Require approval for rate increases.

New Website Highlights Deadliest Roads

bmglas@wm.edu (Blog Author)3664 — Mon, 28 Jul 2008 08:00:00 EST

Do you know how safe the roads your family drives on most often are?

The people at www.saferoadmaps.org do.

This cool new site, created by researchers at the University of Minnesota's Center for Excellence in Rural Safety, can show you exactly how safe your road is. Using GPS software, all you do is type in your address and the site will show you a map or satellite image of all the traffic fatalities in the area.

Want to impress on your children the importance of wearing a seatbelt or not drinking and driving? You can narrow your search by factors like age of the driver, seatbelt use, whether drinking was a factor, and whether speed played a part in the crash.

With every United States citizen facing a 1 in 100 chance of dying in a motor vehicle accident, we should take advantage of every tool available to keep us safe.

Hurricane Season Is Good Time to Check Insurance Coverage

rgrode@loblawyers.com (Blog Author)3577 — Wed, 23 Jul 2008 08:00:00 EST

Hurricane Dolly is a category 1 storm churning in the Gulf of Mexico. Texas can expect high winds and heavy rains for quite a while, as well as significant property damage.

Four years ago Florida was hit by four different hurricanes in less than two months and suffered massive amounts of property damage, some of which is still being paid back. Homeowners need to check their policy and speak with their insurance agent about their coverages.

In the wake of the catastrophic storms of 2004 many insurance companies have scaled back coverage or eliminated it altogether. After the storm is not the time to find out your coverage has changed, so make an appointment today. Lilly, O’Toole & Brown handles hundreds of insurance claims a year and knows what changes in coverage can do to a claim. Find out what your coverage is and make any necessary changes now before it is too late.

Rainy Summer Days Lead to More Car Crashes

rgrode@loblawyers.com (Blog Author)3561 — Tue, 22 Jul 2008 08:00:00 EST

The Florida Highway Patrol is out in force when the summer afternoon rain season starts, but they don’t spend much time writing speeding tickets.

Most of their time is spent investigating car crashes which occur when drivers don’t take time to be aware. When the rain starts, even if it is just a light shower, driving conditions deteriorate very quickly. Oils that have soaked into the asphalt start to come to the surface, creating a slicker driving surface. As the rain gets worse, vision also deteriorates and actions take longer. As a result, although the speed limit sign may give a speed, this is a maximum speed with near perfect driving conditions.

As always, slow down, take the time to make sure the way is safe and assume the other drivers are not doing either one of those things. Defensive driving is a must when the rain starts coming down. Getting safely to your destination is the goal, travel wisely.

Two Injured in Motorcycle Collision near Lake Alfred

rgrode@loblawyers.com (Blog Author)3558 — Tue, 22 Jul 2008 08:00:00 EST

Michael and Rosemary Grimes were injured while riding their 2005 Honda Motorcycle near Lake Alfred when struck by a 2008 Buick. The Buick pulled into their path as they were driving in the Lake Alfred area and the Grimes were unable to avoid the Buick.

A second motorcyclist was able to get to the side of the road but was thrown from his motorcycle as well. Driving a motorcycle on the streets is dangerous enough without car drivers being aware of their surroundings. Before heading onto a road it is good practice to look both ways and then look again just to make sure you don’t miss something coming down the road. Motorcyles are generally smaller and easier to miss seeing when you glance quickly.

Molestation Follows Security Breakdown at Lakeland Daycare

rgrode@loblawyers.com (Blog Author)3389 — Wed, 09 Jul 2008 08:00:00 EST

The Lakeland Ledger reports that a 14 year old boy was arrested Monday, accused of molesting a five year old at New Birth International Ministries in Lakeland.

If true, this is a classic case of negligent security in the worst situation possible. Parents trust that their children, when placed in a day care center, will be safe from predators.

At Lilly, O'Toole & Brown, cases of negligent security are seen on a frequent basis and dealt with individually. Why was a teen age boy allowed to be alone with that child? There are lots of unanswered questions that will hopefully be thoroughly investigated by the time this matter goes to trial.

Woman Dies When Hit By Car in Davenport

rgrode@loblawyers.com (Blog Author)3388 — Wed, 09 Jul 2008 08:00:00 EST

Lisa Rielly of Davenport was arrested early Monday morning after allegedly hitting and killing Jennifer Prokap when Rielly's SUV went into the grass on U.S. 27. The impact was so great that Prokap was knocked out of her shoes and flew more than 70 feet in the air.

Prokap was pregnant and has 2 other children as well. She was apparently leaving work and walking to the Kangaroo convenience store.

Lilly, O'Toole & Brown represents victims of wrongful death like this almost daily. It is always dangerous to be on the side of the road. Be careful of your surroundings and walk as far from passing traffic as possible to lessen the chances of impact.

BABY DIES IN CAR IN UNSECURED INFANT CARRIER

rgrode@loblawyers.com (Blog Author)3362 — Mon, 07 Jul 2008 08:00:00 EST

Twenty-year-old Heidi Alexis was driving in Miramar on Sunday and struck a concrete pole. She suffered non-life-threatening injuries and should be fine. However, her nine month old daughter will not, as she died in the crash.

The baby was in an infant car carrier, but the car carrier was not restrained and offered little protection.

Florida law requires children to be restrained at all times while in a car. Often local law enforcement agencies will provide inspections of the secured infant carrier to insure it is done correctly. Additionally, a person can contact their local law enforcement, who will inspect to insure the carrier is properly secured. It only takes a short period of time and will help keep your children secure.

Motorcycle Helmet Law Gone for 8 Years

rgrode@loblawyers.com (Blog Author)3332 — Thu, 03 Jul 2008 08:00:00 EST

On July 1, 2000 the Florida Legislature repealed a 33 year old motorcycle helmet law in Florida.

Since that time anyone 21 or older with at least $10,000 in personal injury insurance has had the option of not wearing a helmet while driving a motorcycle. While the issue has been debated before and since then, some things don't change. People will be involved in crashes while riding a motorcycle. People will get hurt in those crashes. And generally, with or without a helmet, the injuries will be more severe than if the people were riding in a car with all the attendant safety apparatus.

Car drivers need to be especially careful to pay attention to motorcycles. What may be a simple fender bender if you hit another car can be disastrous when you hit that person.

Tampa Jury Awards $12M Against Tampa General in Death of Infant

rgrode@loblawyers.com (Blog Author)3316 — Wed, 02 Jul 2008 08:00:00 EST

A Tampa jury awarded a mother and father $12,000,000.00 as a result of the death of their baby at Tampa General Hospital.

The parents were apparently told that a surgeon was available at Tampa General Hospital who could help care for their very premature baby. The baby was transported from Polk County to Tampa General and only after several days at the hospital was the family informed that Tampa General had no such surgeon available.

How can this sort of thing happen? Were the parents told no surgeon was available? If so, why was the baby transported there instead of some other facility that may have been able to save the baby’s life? The hospital is appealing the judgment, so the story is not over.

ROAD RANGERS LOSE HALF THEIR FUNDING

rgrode@loblawyers.com (Blog Author)3295 — Tue, 01 Jul 2008 08:00:00 EST

On Florida interstates we have grown accustomed to seeing Road Rangers driving along helping change tires, give people gas and blocking off traffic lanes when there has been a motor vehicle crash.

With the current budget problems the state is having we will be seeing a lot fewer Road Rangers for the next several years. Their budget has been cut in half and the safety work they do will be mostly limited to rush hour.

Weekenders and night drivers will be forced to fend for themselves. With Road Rangers or not it is always important to drive safely for the conditions, giving the vehicles in front of you plenty of room and yourself plenty of chance to stop before a tragic event occurs.

Fireworks Safety Month

bmglas@wm.edu (Blog Author)3291 — Mon, 30 Jun 2008 08:00:00 EST

With the 4th of July coming up, we hope that everyone has big plans to celebrate our Nation's 232nd year of independence! We also hope that you all plan to do it safely.

If you're hosting your own party on the 4th, check out our article on Fireworks Safety. According to Prevent Blindness America, some 6,400 families spent part of the 4th of July last year in a hospital emergency room. Don't let it be you this year.

National Fireworks Safety Month runs a little long (June 1-July 4) because of the incredible damage that a lit firework or sparkler can do to your hand, face, or vision. Fireworks (including sparklers) can burn at up to 1,800 degrees Farhenheit. so be sure to keep yourselves safe and watch out for your children this year.

Hurricane Season is Here!

bmglas@wm.edu (Blog Author)3290 — Mon, 30 Jun 2008 08:00:00 EST

According to the Florida Division of Emergency Management hurricane season is once again upon us. The season runs from June 1 through November 30, and while nothing big has hit the coast in the first month of the season, Florida rarely escapes unscathed.

As part of our ongoing efforts to help educate the public, we've put up a new section of our website, entitled "Seven Important Hurricane Preparation Tips." Check it out and let us know what you think. We'd love to hear from you about tips that your family has that you think we should share with everyone else.

If you're new to Florida or haven't put together a disaster supply kit before, here's a page where you can learn some of the basics.

RAILROADS START TAKING SAFETY SERIOUSLY IN POLK COUNTY

rgrode@loblawyers.com (Blog Author)3257 — Sun, 29 Jun 2008 08:00:00 EST

Lakeland is getting its first ever quad gates at two railroad crossings, possibly a reaction to two fatal crashes involving trains in 2007.

In June 2007 and July 2007 two crashes happened at railroad crossings, one at Wabash Avenue and one at Airport Road. A total of five people were tragically killed at those two collisions. When a train and a car have a collision, the train will win every time.

The installation of these quad gates will prevent people from going around the gates that traditionally come down and hopefully lead to fewer incidents in the future. As a precaution any time a motorist sees the flashing lights do not cross the line. Stay well back because that train is coming fast and will not be able to stop if your car happens to sputter out right on the tracks.

DOG BITES BOY IN DAVENPORT, BOY AIRLIFTED

rgrode@loblawyers.com (Blog Author)3187 — Wed, 25 Jun 2008 08:00:00 EST

In a tragic afternoon incident six year old Joshua Willis was bitten by a pit bull dog and airlifted to Arnold Palmer Hospital to for surgery.

The boy was playing in his back yard when he hit the dog on the head. The dog responded by biting the boy. Apparently, the dog was on a leash at the time but this did not prevent the attack from occurring. While there is no reason a six year old should be hitting the dog, the owner needs to make sure they have total control over the animal at all times to prevent a tragic accident.

The boy may not have known any better and the dog was simply reacting instinctively. After all, the dog cannot hit back, it can only bite when it perceives a threat. Lilly, O'Toole and Brown handles dog bite cases in a variety of cities and involving a variety of people and dog types. The one thing that most have in common is a tragedy that could have been prevented.

Full Insurance Coverage Is Not Enough

rgrode@loblawyers.com (Blog Author)3095 — Thu, 19 Jun 2008 08:00:00 EST

As a personal injury attorney I see people daily who have been involved in a car crash and injured due to somebody else's negligence. Time and again the person who caused the injury has very limited resources or insurance to pay for the injury they have caused.

Just as often, unfortunately, the people I see have decided to get "full coverage" for their car, which turns out to be "no coverage". Full coverage simply means you have the coverage required by law. The law does not require bodily injury coverage, which would help pay for medical expenses caused by the negligent driver.

The law also does not require uninsured or underinsured motorist coverage, designed to help an injured person when struck by a driver with no insurance at all. I encourage you to see your agent about uninsured motorist coverage to help protect yourself and loved ones if injured in a car wreck.

WHEN RENTING APARTMENTS BE CAREFUL OF CRIME

rgrode@loblawyers.com (Blog Author)3073 — Tue, 17 Jun 2008 08:00:00 EST

A recent case brought to light an alarming fact. When a person rents an apartment they might not be told about crime occurring in the apartment complex.

In that recent case, it was found that an apartment complex was telling prospective renters that crime was not a problem, no crimes had occurred as far as they knew, and that the area was patrolled by security. Apparently, none of this was true, and the apartment complex was sued after a renter became a victim of a crime in the complex.

When statements like the above are made by the apartment complex and they are not true, then the complex makes themselves subject to claims for negligence and misrepresentation as well as punitive damages. Rather than make things up to rent apartments, why not just deal with the problem and let prospective tenants know how the problem is being solved?

Careless Driver Causes Death of Motorcyclist

rgrode@loblawyers.com (Blog Author)3060 — Mon, 16 Jun 2008 08:00:00 EST

Jason Lefleur of Lakeland was driving his 1993 Harley-Davidson motorcycle with his passenger (name currently withheld) on Sunday afternoon when a 2001 Ford SUV pulled onto the road in front of him.

Mr. Lefleur died at the scene after he was found partially under the motorcycle after the crash. Apparently, neither Mr. Lefleur nor his passenger were wearing helmets when they struck the SUV that had pulled out in front of them on Marlyn Drive. Mathew Hurst, also of Lakeland, was driving the SUV and was not injured.

According to the police reports, Mr. Hurst pulled onto the road directly into the path of Mr. Lefleur. Even when driving defensively, motorcycles are highly vulnerable. Extra care is required when there is nothing between you and the road but your shirt sleeves and pants.

A Moment's Negligence Claims the Life of 5-year-old Hope Wheeler

rgrode@loblawyers.com (Blog Author)3003 — Wed, 11 Jun 2008 08:00:00 EST

Hope Wheeler died on Tuesday as a result of a motor vehicle crash in Lakeland, Florida. She was in a minivan with her father, Richard, her mother, Camille, and her sisters Katherine and Regan.

Hope was 5, Katherine 7 and Regan 3. Apparently, the driver of the other car, Joseph Dziadon was driving on Old Kathleen Road, passing other cars and ran a stop sign. The crash happened on Sunday as the family was driving to First Baptist Church at the Mall.

What a horrible tragedy that could have been averted if everyone took a little more time to drive and made sure they were aware of their surroundings, maybe this type of tragedy would not happen so often. Be aware of speed limits, road signs and traffic around you. Driving a car is a huge responsibility and should be considered as such.

Boater Death Highlights Importance of Flotation Devices

rgrode@loblawyers.com (Blog Author)2913 — Tue, 03 Jun 2008 08:00:00 EST

In Lake County, Florida a 59 year old boater, missing for several days, has been found. The medical examiner has not found a cause of death yet, but if he was not wearing a life vest or other personal flotation device then drowning is a real possibility.

Any time you see the shows with police, Coast Guard or Navy personnel on a small craft they are always wearing a personal flotation device. Even police that are wearing a gun belt and vest, some weighing 15 pounds or more, are wearing the personal flotation device. Other than being required to wear it, the officer wears it because even being weighed down with all that equipment, if he is knocked overboard or knocked unconscious, that flotation device is designed to keep his head above water and allow him to continue breathing.

Don't take unnecessary risks, make sure you wear your life jacket when you are on the water.

Simple Measures Can Prevent Pool Tragedies

rgrode@loblawyers.com (Blog Author)2889 — Mon, 02 Jun 2008 08:00:00 EST

With summer fast approaching drowning stories are going to become more and more prevalent.

The Lakeland Ledger reported a 5 year old Lake Alfred girl drowned in her family pool while her family was nearby. A tragic accident that is difficult to avoid but the attempt should still be made. Florida law requires that pool areas be protected from people for the obvious reason that people like to go swimming.

Younger people do not understand how a tragedy can occur in a pool so quickly, so preventing access by these younger people without supervision is a must. Always watch your children (and any other children) while they swim. It only take a minute for tragedy to occur. Make sure that barriers are placed, such as screens and fences which limit access. Learning CPR and basic water safety can help as well, but nothing is as good as keeping your eyes on the kids.

Food for Thought as Pool Season Opens

bmglas@wm.edu (Blog Author)2855 — Sat, 31 May 2008 08:00:00 EST

Memorial Day has passed and we're all starting to get into summer mode. As we open our pools and head to the beach, here's a couple things to keep in mind:

Check out our new article on waterborne illnesses in your public or private swimming pool.

We also thought you should be aware of a lawsuit pending up on Wisconsin. A woman who dove into an above ground swimming pool has filed suit against a friend and his parents for not telling her that she shouldn't dive into the pool. She claims that her hosts were negligent by:

Failing to have proper lighting at night
Failing to have proper warnings about the pool's depth
Failing to provide adequate supervision
Allowing their son to dive into the pool and set the example for others
Failing to warn her not to dive into the pool

The plaintiff is seeking $100,000. We'll keep you posted on developments in this case.

Finally, here are some summer water safety tips from the Red Cross.

FDOT Aware That CSX Deal Had $600 Million Discrepancy

rgrode@loblawyers.com (Blog Author)2848 — Fri, 30 May 2008 08:00:00 EST

Unknown until recently, Florida Department of Transportation officials were aware that the numbers being discussed in Tallahassee for the CSX boondoggle were off by about 600 million dollars.

This, in addition to one of the most profitable companies in 2007 trying to get taxpayers to be on the hook for CSX negligence makes me very happy this deal did not go through. But just wait til next year or in special session. CSX is not going to give up that easily.

ALLSTATE FINALLY GIVES IN, GIVES GOVERNMENT SECRET DOCUMENTS

rgrode@loblawyers.com (Blog Author)2723 — Mon, 19 May 2008 08:00:00 EST

Allstate finally decided to fess up about their rate determination and gave the State of Florida at least most of the documents requested.

Allstate was very reluctant to provide the requested documents, going so far as to provide hundreds upon hundreds of pages not related to what state investigators were seeking in an attempt to flood the investigators into giving up. Allstate also provided pages of objections, deciding on their own that certain documents were just not necessary for the state to finish its investigation.

Department of Insurance investigators disagreed and ordered Allstate to stop issuing new policies. Rather than cooperate, Allstate decided to litigate. And lost. Now with potentially millions of dollars lost and no new policies to issue, Allstate decided to cooperate. According to the State of Florida, Allstate is currently cooperating, but investigators will keep a close eye on things. Are you in good hands?

FLORIDA APPEALS COURT UPHOLDS ALLSTATE SUSPENSION

rgrode@loblawyers.com (Blog Author)2701 — Thu, 15 May 2008 08:00:00 EST

A Florida appeals court has upheld the suspension of Allstate in Florida. Allstate will be unable to write new policies of any kind in the State of Florida if the Appeals Court ruling is not appealed to the Florida Supreme Court.

If Allstate refuses to comply with a government demand for more information, they got what they deserved. Allstate should not hide the ball like they have been. Apparently, other insurance companies have not had that problem because nobody else is getting shut down.

Allstate has all but eliminated real risk by not writing homeowner's policies any more. They love to write auto policies because the risk is low. That is why they are the second largest auto insurer in Florida. This has been going on in the Midwest for a long time and Allstate is being fined $25,000 DAY for not complying. Allstate has made a business decision in Missouri that $25,000 a day is the price of business and refuses to comply with state government investigator's requests for this same information. I will be very interested to see what happens next, and I am betting on an appeal to the Florida Supreme Court.

Fate of CSX Deal May Be in Hands of a Single Attorney: "Skip" Campbell

klilly@loblawyers.com (Blog Author)2684 — Tue, 13 May 2008 08:00:00 EST

Behemoth multibillionaire CSX works out a sweetheart deal with DOT, subject to legislative approval. Everything breezes along just fine until several of Polk's delegation, notably Paula Dockery, get involved and put together an unusual coaltion, including the Florida Justice Association (i.e. trial lawyers), to defeat the plan at the 11th hour,.due in large part to the proposed provision for CSX immunity from liability for injury/death claims, even those resulting from their negligence. Politics does indeed make strange bedfellows.

The Senate elite are not happy - not to mention the Governor. But they have hope - the deal doesn't "expire" until June of '09, after next year's legislative session - so it will be back with a vengeance, no doubt. So who/what holds the key to the final outcome? I'll give ya' 10 guesses, because it's not the usual suspects ...

The outcome will be determined by a single lawyer from south Florida, who happens to be a plaintiffs' personal injury trial lawyer. His name is Walter "Skip" Campbell, a former State Senator (and former President of the Florida Justice Association) who most recently lost a close race to Bill McCollum for the Attorney General cabinet position. How can any one guy be so important? Because he happens to be running for the Senate again, and he happens to be running against Jeff Atwater, who in turn happens to be the Senate President - designate, assuming he can win re-election back home in the meantime. Atwater has a ton of money in his campaign coffers - Campbell has virtually none, at this point. That will surely change soon, and my guess is that the prohibitive favorite now will have his hands full - and will lose.

If he does, the Senate Presidency will likely go to Alex Villalobos, a close friend and strong political ally of Sen. Dockery - irony can be sweet, huh?

CSX Bid for Liability Immunity Not Dead Yet

rgrode@loblawyers.com (Blog Author)2679 — Tue, 13 May 2008 08:00:00 EST

Although defeated in the Florida Legislature over a request to have Florida taxpayers pay for any injuries caused by CSX , the giant train company has not given up yet. In another example of back room politics it is being learned that CSX negotiated with the Florida Department of Transportation for passage of the legislation until June 30, 1999.

CSX has already begun planning for the intermodal rail facility in Winter Haven and should start construction soon. Once they begin they will have a strong bargaining tool with state legislators next year to give CSX the immunity it is craving. CSX has had record breaking profits recently and wants to continue that trend by forcing Florida taxpayer to pony up the cash when CSX causes injury to somebody. Defeated this year, rest assured they are already looking to next year.

STRYKER IMPLANTS CAUSING MORE SURGERIES

rgrode@loblawyers.com (Blog Author)2663 — Mon, 12 May 2008 08:00:00 EST

Stryker hip implants are being investigated by law firms through out the country as hundreds of people undergo hip surgery to replace the Stryker implants.

The people affected by these ceramic implants claim squeaking occurs when going about their normal business. Also, many have complained of pain associate with the Stryker implants which has led to surgeons performing the replacement. While helpful to the hip problem, many people are leery of undergoing major surgery including anesthesia with possible side effects for the remainder of their lives. Also, the patients are warned they may never wake up, a possible result of too much anesthesia.

The federal Food and Drug Administration issued a warning to Stryker that problems related to squeaking had not been addressed. How long will a company like Stryker be allowed to continue putting this product on the market?

Watercraft Safety Courses A Great Idea As Summer Approaches

rgrode@loblawyers.com (Blog Author)2631 — Thu, 08 May 2008 08:00:00 EST

In 2007 there were 77 deaths in Florida involving boating accidents and 85 percent of those involved people with no formal safety education in the operation of boats or other watercraft. The Florida House of Representatives, through the House Committee on Conservation & State Lands was confronted with these statistics on February 6 but decided to leave existing regulations alone.

Just like in a car crash, usually the person who is at fault failed to do something that could have prevented a tragedy. If people would learn the necessary safety precautions while boating, just like driving a car, fewer people would be injured or killed. I would urge anyone in who is planning on being out on the lakes or at the beach this summer to receive some formal training and help prevent unnecessary injuries while on the water. Do you even need to say don't drink and boat?

CSX Deal Would Have Left Taxpayers Holding The Bag

rgrode@loblawyers.com (Blog Author)2603 — Tue, 06 May 2008 08:00:00 EST

The editorial page for the Lakeland Ledger on Tuesday, May 06, 2008 describes the "Wreck of the Old CSX", which is appropriately named. Every state agency in Florida is asked to trim their budgets by millions of dollars, yet right up until the end of the legislative session the cost of the CSX deal had ballooned from $491 million to $641 million.
This was one problem with the plan, but not the most significant. CSX had $351 million in profits last year, a 46% increase from the year before. Yet CSX wanted taxpayers to be responsible for any injuries on the rails, even injuries caused by CSX. Even more significant than that is the way the whole deal first started. Ignoring government in the sunshine and being open to the voters, Jeb Bush and the Department of Transportation told everyone to trust them and it would be all right. This is not how taxpayer funded government is supposed to work. If you want taxpayers to fund something, don't make backroom deals with one of the most profitable transportation companies in America. Keep it out front so everyone can see what is going on.

Beer Thieves Ejected From Car In Violent Crash

bmglas@wm.edu (Blog Author)2590 — Mon, 05 May 2008 08:00:00 EST

Would you risk your life for a case of beer?

Four men in their early 20s did just that last Friday.

Officers on a routine patrol put on their lights in an attempt to pull over one vehicle when they noticed a nearby SUV take off. This made the officers suspicious and they chased the SUV along County Road 450 in Umatilla, Florida. The driver of the SUV lost control of his vehcile, hit one tree, slammed into another tree's stump, then went airborne - flipping several times and landing just 20 steps from the front door of a house. All four passengers in the vehicle were ejected.

What made the driver so careless? Police believe he was paranoid about the case of beer he just stole. Officers have requested that local stores check their surveillance tapes for beer theft.

All four passengers were flown to Orlando Medical Center and are reportedly in stable condition.

So how much stolen beer do you have to have in the car to warrant a police chase? "It wasn't that much to warrant someboddy running," said Police Chief Douglas Foster, "I don't even think it was a case."

What a silly reason to risk your life.

CSX Waiver Legislation Derailed

rgrode@loblawyers.com (Blog Author)2575 — Sat, 03 May 2008 08:00:00 EST

The CSX deal with the state appears to finally have died for this legislative session, due to CSX refusing to back down from immunity liability. Until that issue came to light in January the Florida Legislature appeared to be moving quickly towards a deal while being very quiet about who would pay for injuries caused by CSX employees or trains.
When it became common knowledge that CSX was working behind closed doors to try and eliminate any exposure for their own negligence the grassroots opposition started to show up.
The Florida Justice Association stepped in and took an active role in combating this piece of legislation, as did Senator Paula Dockery who worked very hard to bring all the details of this deal into the sunshine. It seems pretty clear that when you start working a deal and don't want anyone to know what is going on, somebody is not going to like what you are doing. They may not likely because of the deal or they might not like it because of the way the deal is made, but either way when dealing with tax dollars it is better to make sure the voters are kept in the loop. Otherwise things like this CSX deal may come up and then die out in the last days of the legislative session.

CSX Won't Let Dangerous, Unfair Waiver Issue Die

rgrode@loblawyers.com (Blog Author)2557 — Thu, 01 May 2008 08:00:00 EST

Hold the phone – CSX issue not done yet! Thursday, May 01, 2008 the Florida Senate AGAIN brought the issue of the CSX liability amendment to the floor and AGAIN it was tabled but may be brought up again later today or tomorrow, the last day of the legislative session. What started as a secret, behind doors and out of the sunshine deal between CSX and the Florida Department of Transportation is finally seeing the light of day. And some senators don't think it looks to pretty. This issue will not be truly dead and buried until the Legislature ends it regular session Friday, probably sometime around midnight!
It's not too late to do something about it. Contact your legislator, contact your friends, and blog, blog, blog!

Senate Backs Down -- For Now -- On Deal Giving CSX Immunity for Its Own Negligence

rgrode@loblawyers.com (Blog Author)2555 — Thu, 01 May 2008 08:00:00 EST

The Florida Senate has put the CSX railroad deal on hold for the time being. Faced with mounting pressure the main backers in the Florida Senate appear to be backing down and waiting for a more ideal time to strike. While opposition has been mounting it appears that the intervention of Florida Chief Financial Officer Alex Sink has helped to "sink" the deal for the time being. Sink's background is finance and she provided the dollars and "sense" to show why this is a bad deal for Floridians. The Legislature is ready to set aside somewhere between $200 million and $250 million of taxpayer money to help take care of any injuries incurred on the railways and CSX has to put up nada. Even if CSX is responsible for the injury, they receive complete immunity. With the action by the Florida Senate to strike all amendments, including the liability immunity, the issue does not appear ready to pass the Senate with only two days remaining. Should be interesting to see what gets cooked up next year or in any special session called by Governor Crist.

CSX Railroading Waiver of Its Own Negligence Through Legislature

klilly@loblawyers.com (Blog Author)2542 — Wed, 30 Apr 2008 08:00:00 EST

Last night, the Florida House approved the deal between FDOT and CSX regarding commuter and freight rail - and including a waiver of liability for CSX for accidental injuries and deaths that occur along the 61 mile corridor in this area, even those due to the negligence of CSX. The Florida Senate is scheduled to vote on this debacle today since it has been placed on the Senate Special Order Calendar - short for "Hurry-Up-and-Cram-It-Thru-the-Process-Before-the-Screams-of-Protest-Get-Too-Loud."
The basic deal is bad enough - this first segment of commuter rail in the greater Orlando area will be done in such a way which will adversely impact the future ability for the remainder of central Florida to have rail because of increasing freight traffic on the remainder of the CSX line between Orlando and Tampa. Beyond that, the liability waiver for CSX is absolutely NUTS. If you or a loved one are seriously injured or killed because of a CSX screw-up, there will be very limited recourse - and all us as taxpayers will be responsible for that.
Want to know how bad that is? So bad that even the Lakeland Chamber of Commerce is opposed to it, stating in an official release today "It is crucial that this waiver of liability for CSX not be allowed." Keep in mind that local and state chambers of commerce generally support all manner of limited liability (and often even absolute immunity) for businesses, medical treatment,etc. because such arguably reduce their members' insurance premiums - not true, but it sounds good. Well, this deal is so bad even the Chamber sees it for what it is - state subsidy and unwarranted protection of private business interests.
Call your State Senator - quick! If that doesnt work, keep your families as far away from trains as possible and make sure you vote next time these brilliant folks come up for re-election.

Medical Malpractice Insurers Profit from Misleading Information

rgrode@loblawyers.com (Blog Author)2515 — Tue, 29 Apr 2008 08:00:00 EST

The Lakeland Ledger published a letter from B.D. Ballard who was upset about medical malpractice. Ballard (unknown if Ballard is male or female) was rushed to a hospital emergency room where a pacemaker was installed. According to Ballard, this was not done properly and Ballard has contacted two law offices about this issue. Both have been unable to help Ballard because of a 2002 law change that effectively shuts off any chance of recovery for a patient who suffers medical malpractice in an emergency room setting without death or close to it.

When this law was being debated medical lobbyists claimed doctors were leaving Florida in droves (not true), that malpractice insurance was skyrocketing (not true), and that malpractice insurance companies were leaving the state (again, not true). In fact, when forced to testify under oath the insurance company big wigs had to admit they were making money in Florida, that doctors were not leaving in droves and malpractice carriers were applying to provide coverage in Florida. The insurance companies just wanted to make sure they could get their premiums but shut down any chance of having to pay anything out.

FDA Set to Review Lasik Warnings

bmglas@wm.edu (Blog Author)2475 — Fri, 25 Apr 2008 08:00:00 EST

The Food and Drug Administration (FDA) will be in hearings today to review the warnings given to patients before undergoing Lasik eye surgery. While Lasik leaves many patients with good vision - some better than 20/20, the FDA has heard complaints from about 5% of patients about the procedures side effects and inability to correct their vision.

Friday's public hearing will begin the FDA's effort to determine whether the warnings given to Lasik patients are appropriate. At the heart of the issue of informed consent is how much the patient knows about the procedure they are about to undergo. A doctor is under an obligation to give his patient enough information about the risks, side effects, and alternatives to any operation so that the patient can make an informed decision about whether the procedure is worth it. In many cases, the benefits of the procedure will outweigh the potential harms, but the FDA wants to ensure that all Lasik patients are aware of the side effects.

In the decade or so that Lasik procedures have been performed, about 7.6 million Americans have undergone the laser vision correction. Lasik is a quick procedure in which doctors cut a flap in the cornea, aim a laser, and zap the cornea to reshape to enhance sight.

Dr. Solomon, of the Medical University of South Carolina, estimates that fewer than 1% of patients have severe complications that lead to poor vision.

Truckers Lobbying for Faster Speed Limit

bmglas@wm.edu (Blog Author)2348 — Thu, 10 Apr 2008 08:00:00 EST

The American Trucking Association, a group that represents trucking companies, is calling for a return to a uniform national speed limit. While the national speed limit was set at 55 m.p.h. in 1974 (a response to an oil shortage), states have been allowed to regulate their own speed limits since 1995. Most states have set their speed limits over 65 m.p.h., and some places in Texas have speed limits of 80 m.p.h. or greater.

The proposed speed limit is not being proposed for safety reasons, however, but for better fuel economy. The ATA says that slowing speeds from 75 to 65 would offer trucks as much as 27% greater fuel economy. The result would be to lower the price of gas and oil as the demand decreased.

The group also wants a federal requirement that all tractor-trailers be equipped with a 68 m.p.h. speed limiter. By doing this, the agency hopes that it would bring all truckers in line and would limit competition amongst truck drivers to get their goods to the destination in quicker times by speeding.

Whatever the reason, slowing down fully loaded semis would greatly increase the safety of drivers on the roads.

Allstate Insurance Company Suspended From Writing Policies in Florida, AGAIN

rgrode@loblawyers.com (Blog Author)2331 — Tue, 08 Apr 2008 08:00:00 EST

Allstate refuses to comply with an order from the Insurance Commissioner in Florida to provide documents showing how Allstate determines what rates to charge for insurance. Instead of complying with the order Allstate sued to prevent disclosure of the information and allow Allstate to keep selling policies while thumbing their nose at the Insurance Commissioner.
The appellate court in Tallahassee agreed with the Insurance Commissioner and has ordered Allstate to cease writing any new policies in Florida until Allstate complies with the records request.
Lilly, O'Toole & Brown deals with insurance companies on a daily basis. With almost 200 years of experience our lawyers know how to handle insurance companies.

Bill Would Permit Counties to Ban Dangerous Dogs

rgrode@loblawyers.com (Blog Author)2153 — Wed, 19 Mar 2008 08:00:00 EST

Pit bulls account for more than 1/3 of all dog bite incidents in Broward and Palm Beach Counties and the Florida House of Representatives plans on doing something about it. A state law prevents counties from imposing a ban on a particular dog breed, but the Florida House is working on a bill that would allow each county to decide whether a particular breed of dog is more likely to bite someone and impose a ban. Currently only Dade County has a ban in place, which was grandfathered before the state law came into effect. No statistics were available for individual dog breeds in Polk, Highlands or Hardee County.

Lilly, O'Toole & Brown represents people who are injured by a dog bite no matter what the breed. It is a dog owner's responsibility to make sure their animal is properly restrained. When the dog owner neglects the supervision of their dog others may suffer. Lilly, O'Toole & Brown works to help those injured by a dog bite make sure that medical bills and other expenses caused by the dog are taken care of by the responsible party.

Airborne Settles False Advertising Suit for $23.3 Million

bmglas@wm.edu (Blog Author)2078 — Fri, 07 Mar 2008 08:00:00 EST

The makers of Airborne, an herbal supplement that claims to ward off the common cold by boosting your immune system, have settled a false advertising lawsuit for $23.3 million.

What did they do wrong? The company didn't have a shred of evidence to back up their claim that their supplement could prevent the common cold. Turns out the company had commissioned a single study into the effects of their drug, but the results were so poor that they wouldn't share them with anyone outside the company, says David Schardt, a senior nutritionist at the Center for Science in the Public Interest.

Schardt says the drug was a simple mix of vitamins A, C, E, magnesium, zinc, selenium, herbs, and other ingredients. The name "Airborne" comes from the claim that the combination of those vitamins and minerals is meant to prevent infection from airborne viruses and germs.

The settlement, which admits no wrongdoing on the part of the drug maker, offers a refund of the purchase price to anyone who can prove they bought one or more Airborne products in the United States between May 1, 2007, and November 29, 2007. Airborne has set up a website that explains their settlement. On the site, you can fill out a claims form to recieve your money back.

Delayed Notification From CPSC Means More Injuries

bmglas@wm.edu (Blog Author)1838 — Mon, 11 Feb 2008 08:00:00 EST

A January 31, 2008 report from Public Citizen details how it takes the Consumer Product Safety Commission (CPSC) an average of seven months between receiving notification that a product is dangerous or defective and distributing that information to the public. The CPSC, which is responsible for "protecting the public from unreasonable risks of serious injury or death," offers an online database which lists all product safety news and recalls.

The database is a great thing. The problem is that it takes a product so long to be recalled or appear in the database after the manufacturing company and the CPSC know about it. The CPSC has the authority to fine companies for taking too long to report their hazardous products. Since 2006, companies fined for this took an average of 993 days to report the potential harm of their products.

That's 2.7 years between learning of the defect and notifying the CPSC. The only thing worse than that is that it took the CPSC an additional 7 months, on average, between being notified and telling the rest of America.

Specifically highlighted in the Public Citizen report were

A vacuum cleaner known to catch fire
Treadmills that spontaneously change the runner's pace
ATVs with throttles that can get stuck in the "go" position
Infant swings known to cause strangulation (and responsible for at least six infant deaths)

Public Citizen is a non-profit consumer advocacy organization that represents consumer interests in Congress.

Merck Settles Overbilling Lawsuits: $671 Million

bmglas@wm.edu (Blog Author)1829 — Fri, 08 Feb 2008 08:00:00 EST

Merck has agreed to settle two lawsuits which alleged overcharging Medicaid for Vioxx, Zocor, and Pepcid. The settlement total is $671 million, which includes a $399M payment to the plaintiffs, $218M to the federal government, and $181M to 49 states and District of Columbia.

In the lawsuits, which were filed in Pennsylvania in 2000 and Nevada in 2005, a former Merck employee alleged that the company provided the drugs to hospitals at a discount of greater than 90% if the hospitals would help the company reach its market-share goals. The plaintiffs in the suit contended that this practice constituted an unfair incentive for physicians to prescribe the drugs.

Federal law mandates that drug manufacturers have to offer sales to Medicaid at a price at least as low as they offer them to any other customer. However, because drugs sold at discounts of greater than 90% do not have to be disclosed to the government, Merck was able to get away with this scheme for years.

A second claim of the lawsuit was that Merck was paying physicians a "consulting fee" or "training fee," which were actually nothing more than illegal kickbacks for prescribing Merck products. This practice, according to the Assistant U.S. Attorney's on the case, was in place from 1997 - 2001 at as many as 800 hospitals across the country.

Deep discounting and kickbacks on the part of drug companies, apart from being illegal, are very dangerous to patients. When the drug companies create a situation where the physician's judgment can be clouded by dollar signs, it puts patients at risk. Attorney General Michael Mukasey has called the settlement "one of the largest health care fraud settlements ever achieved by the justice department." Hopefully this settlement will serve as an example to other drug companies how might otherwise consider implementing such a scheme.

Florida Highway Patrol Report comes in on Massive Pile up On I-4

rgrode@loblawyers.com (Blog Author)1801 — Tue, 05 Feb 2008 08:00:00 EST

In the end everyone associated with this tragic crash will either be represented by an attorney or at least have talked to one, simply to make sure they know what their rights are. The big company trucks have already had adjusters working the crash within hours of it happening. Those insurance companies keep attorneys on the payroll for a reason: reduce payments made for negligence caused by their drivers. The law requires attorneys to have no contact w/ crash victims for at least 30 days so unless the victim contacts the attorney, the victim is on his/her own. But the insurance adjusters can get out there in hours and start contacting people and taking statements. And since most people have never been involved in any crash, much less one this horrific, they are more than happy to cooperate w/ the insurance company, not realizing this could greatly hurt them in the future. Remember, these are the insurance companies having to swear under oath in the legislature right now and getting licenses pulled for playing hide the profits from our legislature.

Tuesday, February 05, 2008 9:35 AM
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Wait Times Increasing in Emergency Rooms

bmglas@wm.edu (Blog Author)1724 — Mon, 21 Jan 2008 08:00:00 EST

A study in the January 15, 2008 edition of the Health Affairs journal reports that adult wait times in emergency rooms rose to about a half an hour in 2004, up from 22 minutes in 1997.

Waiting times are worse for black, hispanic, and urban patients, who can expect to wait an average of 7-9 minutes longer for treatment than white patients. Women can also expect to wait about 5% longer than men for treatment.

Even heart-attack patients are averaging longer stays in the waiting room. In 2004, the average wait for a heart-attack patient was 20 minutes, up from 8 minutes in 1997.

But the fact that a 20 minute wait is "average" means that half the patients were waiting for treatment longer than 20 minutes. In fact, a quarter of all heart attack patients in 2004 waited up to 50 minutes or longer to see a doctor. This is particularly disheartening because the likelihood of surviving a heart attack plummets as wait times increase.

The full text of the Health Affairs article can be read here.

Florida Returns to "No-Fault" Auto Insurance System

bmglas@wm.edu (Blog Author)1722 — Mon, 21 Jan 2008 08:00:00 EST

As of January 1, 2008, Florida is again requiring no-fault auto insurance. "No fault" insurance bars suits against other motorists unless there has been death or permanent injury. Unlike the traditional insurance system where the bill for the car crash is paid by the company that insures the driver at fault, the "no fault" system requires your own insurance company to pay for your injuries, no matter who was at fault.

Most Florida drivers won't have to do anything, as PIP coverage was required in the state as little as four months ago. However, drivers who elected to drop PIP from their coverage during its "optional period" will notice a higher bill in their mailbox in January.

No Policies to be written by Allstate

rgrode@loblawyers.com (Blog Author)1681 — Fri, 18 Jan 2008 08:00:00 EST

Allstate has now been told by the Insurance Commissioner in Florida that no policies will be written in this state by Allstate until they fully comply with the state subpoena and provide all the documents. Allstate is dealing with this same issue in Missouri where they are racking up $25,000 PER DAY fines. They refuse to provide the documents, refuse to pay the fine and I assume just consider the fine a cost of doing business. They will probably react differently in Florida and will probably file an injunction against the state. Stay tuned to this one, it is not going away anytime soon.

ALL - Allstate Corp.

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Allstate being called onto the carpet...

rgrode@loblawyers.com (Blog Author)1678 — Thu, 17 Jan 2008 08:00:00 EST

Allstate is being called onto the carpet because they think they can treat the insurance commissioner the way they treat their insureds or people who sue their insured. Allstate believes (usually rightly so) that they have the money and the time and the resources necessary to outlast any private attorney who takes them on. I believe they are attempting to use the same tactics with the State of Florida. The difference is if I sue them and get a nice verdict for a client then they simply pay that out of reserves, not a huge deal. But you can't fight city hall. The insurance commissioner just wielded his power and is going to cost them millions. It will be interesting to see if Allstate ever provides those documents they claim are "irrelevant".

ALLSTATE SUSPENDED FROM ADDING POLICIES

rgrode@loblawyers.com (Blog Author)1674 — Wed, 16 Jan 2008 08:00:00 EST

In an unprecedented move the State of Florida has suspended Allstate Insurance Company and two of its subsidiaries from issuing new policies in automobile insurance. Apparently the "Good Hands People" aren't willing to provide the insurance commissioner with a reasonable explanation for a rate increase request of up to 42% on homeowner policies when there has been no major hurricane event in the state for the past two years. Governor Crist has made it clear that insurance rates are too high in Florida , hopefully this will help these companies understand they can't take consumers for granted. As a result of the Insurance Commissioner's request for more information on why the rate request is so high, apparently Allstate has decided to either lower their rate request or withdraw it completely.

2 Bus Crashes in Polk County

rgrode@loblawyers.com (Blog Author)1604 — Mon, 07 Jan 2008 08:00:00 EST

Two bus crashes in one day is two crashes too many. Both incidents in Polk County involving Polk County School Board buses might have been avoided but all the facts are not out yet. As a personal injury lawyer I specialize in these types of cases and I can tell you all the facts will not be known for some time. Polk County Sheriff's Office personnel need to do their job and if any of the injured parties decide to retain an attorney then their own investigators will need to complete their job as well before everything will be out in the open. My heart goes out to all the people involved, what a tragic event.

Supreme Court Justice Gives Speech In Orlando During New Federal Courthouse Dedication

KC@loblawyers.com; CMurphy@loblawyers.com (Blog Author)1084 — Sat, 22 Sep 2007 08:00:00 EST

The latest addition to Orlando is the grand and impressive new Federal Courthouse. The six story $102 million George C. Young U.S. Courthouse and Federal Building Annex in downtown Orlando was dedicated yesterday drawing attention and speeches from federal judges, government officials and Supreme Court Justice Clarence Thomas.

Quoting Winston Churchill, Justice Thomas expounded, "We shape our buildings, and afterwards our buildings shape us." The new building is an awesome site and satisfies Orlando's long overdue need for a new federal building.

Our federal buildings, the time, effort, and funds that go into them, evidences our country's dedication to justice. When lawyers, litigants, and the general public enter this grand establishment, fairness and impartiality will fill the air and assure everyone within its confines that America and Florida are dedicated the administration of justice.

Larry

Tampa Auto Accident Proves Fatal

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)12981 — Tue, 23 Feb 2010 08:00:00 EST

A Tampa car accident involving a blown tire leaves one dead and two others injured. The incident took place at approximately 2:15 AM on Thursday morning, February 18, 2010, on South Dale Mabry Highway.

According to investigators, the incident occurred when a driver swerved suddenly to avoid another vehicle. The driver lost control of the vehicle when the right rear tire blew.

The blown tire caused the car to strike a TECO utility pole, a bus bench, and a tree. The force of the impact caused the vehicle to flip over and finally coming to rest in a local parking lot.

There were three people reported in the car at the time of the wreck. Two of the victims were ejected from the overturned car. One of them was pronounced dead at the scene from injuries sustained in the accident. A victim had to be removed from the vehicle with the use of special equipment.

Rescue crews transported both surviving victims to a local hospital where they were listed in stable and critical conditions, respectively. The extent of their injuries were not made known and officials have not released their identities.

The fatal Tampa auto accident is still under investigation by local authorities. Officials have not been able to determine who was driving the car.

This is an unfortunate incident and our thoughts and condolences go out to all of these that have been impacted by this tragedy.

Orlando Car Accident Leaves Woman Dead After Driving into Pond

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)12979 — Mon, 22 Feb 2010 08:00:00 EST

An Orlando car accident leaves one woman dead after she drives her car into a retention pond beside State Road 417. The incident took place at approximately 9:00 AM on Monday morning, February 15, 2010.

According to the Florida Highway Patrol, Sparkle Corinee Pomeroy, 26, of Orlando, became stuck in her Toyota Scion when her vehicle plunged into a retention pond. She was trapped in the vehicle for approximately 30 minutes until rescue crews were able to finally free her. Pomeroy was transported to Orlando Regional Medical Center where she died several hours later.

According to reports, Pomeroy lost control of her vehicle, crossed the median and then plunged into the pond. The cause of the accident is not known at this time.

Officials immediately checked Toyota’s recall list, however, her car was not listed as one of the vehicles that had been recalled.

The Orlando accident is still under investigation by local authorities. Anyone who may have witnessed the accident has been asked to contact the Florida Highway Patrol at (407) 737-2213.

This is an unfortunate accident that claimed the life of this Orlando mother. Our thoughts and condolences go out to all of those that have been affected by this tragedy.

Orlando Car Accident Leaves Woman Dead After Driving into Pond

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)12980 — Mon, 22 Feb 2010 08:00:00 EST

An Orlando car accident leaves one woman dead after she drives her car into a retention pond beside State Road 417. The incident took place at approximately 9:00 AM on Monday morning, February 15, 2010.

According to the Florida Highway Patrol, Sparkle Corinee Pomeroy, 26, of Orlando, became stuck in her Toyota Scion when her vehicle plunged into a retention pond. She was trapped in the vehicle for approximately 30 minutes until rescue crews were able to finally free her. Pomeroy was transported to Orlando Regional Medical Center where she died several hours later.

According to reports, Pomeroy lost control of her vehicle, crossed the median and then plunged into the pond. The cause of the accident is not known at this time.

Officials immediately checked Toyota's recall list, however, her car was not listed as one of the vehicles that had been recalled.

The Orlando accident is still under investigation by local authorities. Anyone who may have witnessed the accident has been asked to contact the Florida Highway Patrol at (407) 737-2213.

This is an unfortunate accident that claimed the life of this Orlando mother. Our thoughts and condolences go out to all of those that have been affected by this tragedy.

Orlando Car Accident Leaves 2 Dead

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)12930 — Sat, 20 Feb 2010 08:00:00 EST

An Orlando car accident involving two vehicles leaves two people dead and two others critically injured after a vehicle crosses into oncoming traffic and slams into another car. The incident took place at approximately 9:00 PM on Tuesday, February 9, 2010.

According to the Florida Highway Patrol, the accident occurred at N. Hiawassee Road and Clarcona Ocoee Road when a 1995 Honda crossed into oncoming traffic after an attempt to switch lanes. The Honda slammed into a 1989 Chevrolet pickup head-on.

The driver of the Honda has been identified at Damien Edwards, 19, of Orlando. Edwards was pronounced dead at the scene from injuries sustained in the accident.

Rescue crews transported three others, including the driver of the Chevrolet, to Orlando Regional Medical Center. One of the passengers in the second vehicle was later pronounced dead. The two other victims, a 15 year-old girl and a 36-year-old man, were listed in critical condition.

According to witnesses, the force of the impact caused one of the vehicles to flip over several times.

The fatal Orlando car accident is still under investigation by local authorities. Investigators have not determined why Edwards crossed into oncoming traffic.

This is a horrific accident and our thoughts and condolences go out to all of those that have been affected by it.

Pasco Auto Accidents Leaves One Dead and One Injured

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)12765 — Wed, 10 Feb 2010 08:00:00 EST

Two Pasco auto accidents involving two pedestrians leaves one man dead and another woman injured. Both accidents took place on Saturday evening, January 30, 2010, on U.S. 19 in Pasco County.

The first Pasco accident occurred at approximately 9:30 PM when a man walked in front of a car that was traveling south of Mile Stretch Road. Rescue crews transported the pedestrian to Helen Ellis Hospital where he was pronounced dead at approximately 10:00 PM that same evening. The victim has been identified as Brandon Wayne Hensley, 27, of St. Petersburg.

The driver of the vehicle that struck Hensley has been identified as Denis Donati, 47, of Palm Harbor. Police have not filed any charges against the woman. It was unclear whether Donati was injured in the accident.

The second accident took place at approximately 11:15 PM on the same evening when a sport utility vehicle (SUV) struck a woman as she crossed U.S. 19 near Westwood Drive. The victim, Tammy B. Nunn, 44, of Port Richey, was transported to Tampa General Hospital via helicopter. Nunn is listed on serious condition.

Unfortunately, the driver of the vehicle that struck Nunn fled the scene. Anyone who has any information concerning the hit-and-run pedestrian accident has been asked to call the Florida Highway Patrol at (352) 521-3888, ext. 191.

Auto accidents involving pedestrians can be serious and even fatal. Our thoughts and condolences go out to all those involved in the two recent Pasco accidents.

St. Cloud Truck Accident Leaves Trucker Dead

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)12597 — Tue, 02 Feb 2010 08:00:00 EST

A St. Cloud truck accident involving a tractor-trailer truck and a van leaves a driver dead after his truck slams into the van and overturns. The incident took place at approximately 10:15 AM on Friday morning, January 29, 2010, at the intersection of Canoe Creek Road and Mildred Bass Road.

According to Sgt. Kim Montes of the Florida Highway Patrol, the driver of the tractor-trailer truck, Henry Morris III, 37, of Davenport, slammed into a 1990 Ford van. The force of the impact caused his truck to jack-knife and overturned. Morris died from his injuries sustained in the accident.

The tractor-trailer truck was following the van that was headed southbound on Mildred Bass Road when the van slowed down to make a left turn, according to a Florida Highway Patrol summary of the incident. Morris apparently did not see the van slowing and attempted to avoid the van. However, Morris’ truck struck the van, pushing the van through the intersection and into a tree.

The driver of the van has been identified as Crystal Stephens, 26, of St. Cloud. It was unclear whether Stephens was injured in the two-vehicle wreck.

The fatal St. Cloud accident is still under investigation by local authorities.

Tampa Auto Accident Involves Alleged Drunk Driver

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)12397 — Tue, 26 Jan 2010 08:00:00 EST

A Tampa auto accident involving an alleged drunk diver leaves four injured. The incident took place on Friday, January 15, 2010, on Hillsborough Avenue and 19th Street.

According to reports, James Quick, 41, of Wesley Chapel, was making a turn onto Hillsborough Avenue from 19th Street when he collided with a Ford Expedition. The Ford was heading west at the time of the accident.

A female passenger was in Quick’s Saturn and became trapped in the car. Rescue crews had to cut her free from the wreckage. She was transported to a nearby hospital and was treated for serious injuries.

The female passenger had her 7-year-old and 8-year-old daughters with her at the time. The 8-year-old was treated for minor injuries. The other daughter was not injured in the accident. Neither of their identities were released.

The unidentified driver of the Ford, a 19-year-old female, and a 26-year-old male, also suffered minor injuries sustained in the accident.

Quick, who has been reported as causing the accident, was allegedly drunk at the time and was arrested for driving under the influence.

Commuters were inconvenienced for approximately an hour as crews shutdown Hillsborough Avenue to clean-up the accident.

The Tampa accident that involved two vehicles is still under investigation by local authorities.

Pedestrian Killed in Plant City Car Accident

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)12344 — Sun, 24 Jan 2010 08:00:00 EST

A car accident in Plant City leaves a pedestrian dead after he attempts to rescue his dog that was struck by a car on State Route 60. The incident took place at approximately 7:00 PM on Friday evening, January 15, 2010, outside of a convenience store.

According to reports, John Christopher Morgan, 22, of Lakeland, was purchasing beer at a Plant City convenience store when his dog jumped out of his car and ran onto State Route 60. According to Morgan’s friend, Jason Braden, the man was struck by a bus when he ran onto the road to retrieve his pitbull-mix dog named Pup after the dog was struck by a car.

According to the Florida Highway Patrol, Morgan was pronounced dead at the scene due to injuries sustained in the accident. There were no other injuries reported.

“I knew him long enough to know he saw the bus coming,” said Braden. “He would take the hit, but it was worth it for him for that dog. That dog was all he had.”

Police have not charged the bus driver, James R. Borgiet, 60, of West Palm Beach, in the accident.

The fatal Plant City pedestrian accident is still under investigation by local authorities.

Wesley Chapel Accident Kills 1-year-old

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)12304 — Fri, 22 Jan 2010 08:00:00 EST

A Wesley Chapel car accident involving two vehicles claims the life of two people, including a 1-year-old child, when a vehicle crossed the center lane and into oncoming traffic. The incident took place at approximately 8:00 PM on Thursday evening, January 7, 2010, north of Tampa.

According to the Florida Highway Patrol, a 2010 Cadillac sport utility vehicle (SUV) driven by Raul Bertran Jr., 67, of Brandon, was heading south on Bruce B. Downs when he crossed the center lane and into oncoming traffic. The SUV slammed into a 2004 blue Honda, which was traveling northbound.

Bertran was pronounced dead at the scene from injuries sustained in the accident.

There were three passengers riding in the Honda at the time of the accident, including 1-year-old Jaylin Dominguez. Dominguez, of Tampa, was rushed to a nearby hospital where the child died two days later.

The driver of the Honda, Nadine Maldonado, 20, of Tampa, and passenger Simon Dominguez, 25, of Wesley Chapel, were transported to St. Joseph’s Hospital and treated for injuries. Their injuries were described as serious, according to the Florida Highway Patrol.

The fatal Wesley Chapel accident is still under investigation by local authorities. Officials have not determined why Bertran crossed the center lane.

Former Owen Sound Doctor Killed in Trinity Car Accident

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)12187 — Wed, 13 Jan 2010 08:00:00 EST

A Trinity car accident involving three vehicles leaves a former Owen Sound doctor in serious condition and his wife dead. The incident took place on Monday, December 28, 2009, just north of Tampa Bay.

According to the Florida Highway Patrol, Elizabeth Kuruvilla, was killed due to injuries sustained in the accident. Her husband, Dr. George Kuruvilla, a long-time Owen Sound physician, suffered serious injuries and remained in a nearby Florida hospital. The couple had recently retired to the area.

According to reports, the incident occurred when Dr. Kuruvilla, had brought his 2000 Mercedes E320 to a stop at a stop sign facing south. He then pulled in front of Jacob A. Davis, 18, of Odessa, who was driving a 2003 Mitsubishi Eclipse. The Mitsubishi struck the passenger side of the Mercedes. The force of the impact pushed the Mercedes into the front of a third vehicle, which had come to a stop at a stop sign facing north.

Rescue workers transported Davis to Community Hospital in New Port Richey and he was treated for injuries sustained in the wreck. His condition was not made available.

The driver of the unidentified third vehicle, Heather Brandon, 29, of Land O’ Lakes, suffered minor injuries. Preliminary reports indicate that she was not taken to the hospital.

The fatal Trinity three-vehicle car accident near St. Petersburg is still under investigation by local authorities.

Man Killed in Pinellas Park Accident

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)12166 — Mon, 11 Jan 2010 08:00:00 EST

A Pinellas Park accident involving a motor scooter and a car leaves a Clearwater man dead when the two vehicles collide. The incident took place at approximately 11:45 AM on Thursday morning, December 9, 2009.

According to reports, the victim, Robert Santomaso, 53, of Clearwater, was riding a 2008 scooter northbound on U.S. 19 when the accident occurred. Police say that he was approaching 49th Street when a 2008 Mazda sedan turned in front of his scooter causing the scooter to hit the right door of the sedan. The force of the impact ejected Santomaso, who was not wearing a helmet, from the scooter.

Rescue crews transported Santomaso to Bayfront Medical Center in St. Petersburg with severe head and body injuries. He was pronounced dead a short time after arriving at the hospital.

It was unclear whether the driver of the Mazda, Jasper Quach, 18, of Clearwater, suffered any injuries as a result of the accident.

Quach told police that he saw the scooter, but thought that Santomaso was going to turn instead of continuing straight.

Local commuters along 49th Street and U.S. 19 were inconvenienced for approximately 90 minutes as crews removed debris and police continued their investigation.

The fatal Pinellas Park crash is still under investigation by local authorities. Charges are still pending.

Tampa Area Pedestrian Accidents Leaves Two Dead

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)11980 — Tue, 29 Dec 2009 08:00:00 EST

A string of Tampa Bay accidents involving several pedestrians leaves two dead and three others injured, including a 14-year-old boy. The accidents took place on Tuesday evening, December 8, 2009.

In St. Petersburg, a woman was struck by an unidentified vehicle while she was attempting to cross US 19th at the 16th Street South crosswalk. The victim, Shirley Lavine, was in a motorized wheelchair when she was hit. Rescue workers transported her to Bayfront Medical Center where she was listed in serious condition. The driver fled the scene.

Around 11 PM that evening, police found William Morrison of Davenport lying on the ground after apparently being hit by a car. Morrison suffered severe head injuries and was rushed to a local hospital where he was later pronounced dead.

Colton Meyers, 14, from Tenoroc High School, was struck by a car driven by another student from the school while attempting to cross Old Dixie Highway. The driver was attempting to pass another car when Meyers was hit.

According to New Port Richey Police, two pedestrians were hit on Tuesday evening as they were crossing US 19 near Floramar Terrace. Rescue workers transported both victims, a 29-year-old woman and a 26-year-old man, to Bayfront Medical Center and were both listed in critical condition. Police have not determined if charges will be filed against the 82-year-old driver.

Lake City Man Killed in Tampa Auto Accident

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)11917 — Sat, 26 Dec 2009 08:00:00 EST

A Tampa auto accident involving two vehicles leaves one man dead after his car collides with a Mercedes on Fowler Avenue. The incident took place at approximately 4:45 PM on Saturday afternoon, December 19, 2009.

According to the Florida Highway Patrol, the victim, Charles Deas, 44, of Lake City, was driving a 1994 Dodge Intrepid when the accident occurred. Reports indicate that he was exiting the parking lot of Winn Dixie on Fowler Avenue when he pulled into the path of a 2009 Mercedes which was heading east on Fowler Avenue.

Police report that the Mercedes struck the left side of the Dodge. The force of the impact pushed one of the cars onto the median and the other vehicle into the shoulder of the road.

Rescue workers pronounced Deas dead at the scene as a result of injuries he sustained in the two-vehicle accident.

There were two passengers traveling with Deas. Shawnee Black, 27, of Lake City was taken to Tampa General Hospital and was listed in serious condition. Donald reed, 48, of Tampa, who was sitting in the rear of the car, was rushed to University Community Hospital and treated for minor injuries.

No information was provided as to the condition of the driver of the Mercedes.

The fatal Tampa accident is still under investigation by local authorities.

Orlando Auto Accident Leaves a Mother Dead

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)11789 — Sat, 19 Dec 2009 08:00:00 EST

An Orlando auto accident involving a single car and a teenage driver leaves a mother dead and two others injured when the sport utility vehicle (SUV) she was driving overturned in a retention pond. The incident took place on Saturday afternoon, December 5, 2009 in an Orange County resort.

According to the Florida Highway Patrol, Ariel King, 14, of Jacksonville, was driving the SUV when the accident occurred. She apparently lost control of the SUV, jumped a curb and went through an aluminum fence. The SUV came to a stop, overturned, in a retention pond in the local resort.

Ariel’s mother, 34-year-old Dana King, was killed by injuries suffered in the accident. Orange County Sheriff’s Office Search and Rescue Dive Team had to recover her body from the submerged SUV. She apparently died in the vehicle

Ariel King was transported to a nearby hospital and treated for critical injuries sustained in the wreck.

There were three other passengers in the SUV at the time of the incident. Three-year-old Brealyn Nesmith also suffered critical injuries. The other two passengers, 13-year-old Taylor Nesmith and 33-year-old Brandon Nesmith were not injured.

The fatal Orlando accident involving the teenage girl and her mother is still under investigation by local authorities.

Longwood Accident Leaves Two Dead

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)11630 — Mon, 07 Dec 2009 08:00:00 EST

A Longwood car accident involving a single vehicle leaves two young men dead after the driver lost control and struck a tree. The incident took place just after 1:00 AM on Thursday morning, November 26, 2009 at the edge of Wekiva Springs State Park in Seminole County.

According to the Florida Highway Patrol, Ujval Desai, 22, of Orlando, was traveling northbound on Wekiva Springs Road when he lost control of the 2005 Nissan he was driving. The Nissan swerved off the road and smashed into a tree. The vehicle then flipped over, finally came to a stop onto its roof after hitting a second tree. Desai, the driver, was pronounced dead at the scene from injuries sustained in the accident.

Anton Cantiberos, 23, was also in the car at the time of the accident. Rescue workers transported him to Orlando Regional Medical Center where he was later pronounced dead.

The Longwood accident, just north of Orlando, is still under investigation by local authorities. However, early reports from the Florida Highway Patrol have indicated that wet pavement might be a contributing factor to the fatal one-vehicle accident. The Florida Highway Patrol has also reported that neither of the victims were wearing seatbelts at the time of the crash.

Ybor City Accident Involves Four Cars

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)11598 — Fri, 04 Dec 2009 08:00:00 EST

An Ybor City car accident in involving four cars leaves a woman in serious condition. The incident took place at approximately 2:30 PM on Tuesday afternoon, November 10, 2009.

According to Capt. Bill Wade of Tampa Fire Rescue, an unidentified woman driving a Colorado pickup truck ran a red light at the intersection of Palm Avenue and N. 21st Street causing the four-vehicle wreck.

Witnesses report that the woman was traveling west on Palm Avenue when she ran the red light and crashed into a white Ford F-250, according to Sgt. Joseph Fish of the Tampa Police Department. The force of the impact caused the F-250 to flip over and strike a white Chevrolet Impala.

The woman’s truck then struck a GMC Jimmy causing her Colorado to spin out of control and into the side of a building on the southeast corner of the intersection.

According to the Tampa Police Department, the woman who had run the red light had to be cut free from the pickup truck. Rescue workers transported her to Tampa General Hospital where she was treated for serious injures.

The driver of the F-250 was also transported to Tampa General Hospital and treated for injuries. The injuries were not reported as being life-threatening. No other injuries were reported.

The Ybor City accident is still under investigation by local authorities. However, charges have not filed as of yet.

Tampa Car Accident Inures University of Tampa Student

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)11471 — Fri, 27 Nov 2009 08:00:00 EST

A Tampa car accident involving a University of Tampa student and friend leaves two in serious condition. The incident took place at approximately 1:00 AM on Saturday morning, November 21, 2009 on Kennedy Boulevard.

Two victims were walking along Kennedy Boulevard when a gray sedan, traveling west on Kennedy Boulevard from North Boulevard, swerved onto the sidewalk striking the victims. The car was traveling at approximately 30 mph.

The victims, Erik Nicoletti, 20, a student at the University of Tampa, and an out-of-town friend, Cree Riley, 19, were transported to Tampa General Hospital by rescue crews and are in critical condition. Nicoletti has been declared brain dead and remains on life support.

Authorities found the abandoned car near the Dale Mabry Boulevard and Lambright intersection with the license plates removed.

The driver of the sedan, Andres Trujillo, 27, fled the scene. However, he turned himself into authorities the next day where he remains in custody and has been denied bail.

Trujillo, in a statement, indicated that he had bent over to pick up a cigarette that he had dropped when he struck the two victims. He then panicked and fled the scene.

The accident is still under investigation by local authorities.

Orlando Pedestrian is Killed While Jogging

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)11445 — Wed, 25 Nov 2009 08:00:00 EST

An Orlando pedestrian accident involving a jogger and a car results in the death a pedestrian. The incident took place at approximately 6:00 AM on Monday morning, November 16, 2009 at the four-way intersection of State Road 482, Sand Lake Road and University Boulevard in Orlando.

According to Orlando Police Sgt. Bud Jones, Dr. Kenneth L. Baughman, 63, of Newton, Massachusetts, was jogging and attempting to cross the busy intersection. He was struck by a 2007 Saturn sedan driven by Gary Krotke, 50, of Haines City.

According to Jones, Baughman was pronounced dead at the scene from injuries suffered in the accident.

The four-way intersection is located in a busy tourist area, according to Jones. He indicated that the fact that he did not recall any crosswalks located in the intersection could have been a contributing factor in the incident.

Baughman, a cardiologist and director of Advanced Heart Disease at Brigham and Woman’s Hospital, was in Orlando attending the American Heart Association’s Scientific Sessions 2009 conference when the accident occurred.

Dr. Gary Gottlieb described Baughman as an avid athlete.

The Orlando pedestrian accident is still under investigation by local authorities. However, Jones indicated that he did not believe that any charges would be filed against Krotke.

Four-Vehicle Accident in Tampa Sends One Woman to the Hospital

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)11391 — Sun, 22 Nov 2009 08:00:00 EST

A Tampa car accident involving four vehicles results in one woman suffering serious injuries. The incident took place at approximately 2:30 PM on Tuesday afternoon, November 10, 2009.

According to Tampa Fire Rescue Capt. Bill Wade, the incident happened at the intersection of Palm Avenue and North 21st Street in Ybor City when a woman ran a red light causing a four-vehicle car crash.

According to Tampa Police Sgt. Joseph Fish, the woman was driving a Chevrolet Colorado west on Palm Avenue when she ran the red light and slammed into a white Ford F-250. Rescue workers had to cut the woman free from her truck. She was transported to Tampa General Hospital and treated for serious injuries.

According to Fish, the F-250 flipped over striking a Chevrolet Impala and then a GMC Jimmy, finally coming to rest into the side of a building located on the southeast corner of Palm Avenue and North 21st Street.

The unidentified driver of the F-250 was also transported to Tampa General Hospital. His injuries are not considered life-threatening, Fish said.

According to a witness from Clearwater, the woman was going at least 60 mph when she ran the red light.

Police did not release the names of the other victims involved in the accident. No other injuries were reported.

The Tampa crash is still under investigation by local authorities. According to Tampa police, no charges have been filed.

Man Dies in Volusia Car Accident

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)11299 — Mon, 16 Nov 2009 08:00:00 EST

A Volusia car accident involving a motorcycle and a car results in the death of an Illinois man. The incident took place at approximately 11:30 AM on Thursday morning, November 12, 2009.

The accident happened at Old Daytona Road and Garfield Avenue, west of Daytona Beach, when a motorcycle collided with a small car. According to the Florida Highway Patrol, Virgil Wright, 66, of Decatur and his wife, Sharon, 64, were traveling westbound on Old Daytona Road on a 2007 Harley-Davidson motorcycle when they were struck by a 2005 Mini Cooper driven by Christopher Picklo, 29, of Smyrna Beach.

Picklo was in the process of making a left turn onto Garfield Avenue when his car turned directly into the path of Wright and striking the motorcycle, according to state troopers.

According to Florida Highway Patrol Sgt. Kim Montes, rescue workers transported Wright to Halifax Health Medical Center in Daytona Beach where he died three days later from injuries suffered in the two-vehicle wreck. Sharon Wright suffered serious injuries in the crash but is recovering, said Montes. It was unclear if Picklo suffered injuries.

The Volusia accident is still under investigation by local authorities. However, charges have not been filed as of yet.

Lee County Boy Hit by Pizza Delivery Man

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)11203 — Sat, 07 Nov 2009 08:00:00 EST

A Florida car accident involving a pizza delivery vehicle ends with a young boy being sent to a nearby Tampa hospital. The incident took place at approximately 8:00 PM on Saturday evening, October 24, 2009.

The Lee County incident occurred in Leigh Acres near the intersection of Leonard Boulevard and Gunnery Road when the three-year-old victim, Cassidy Sandoval, was attempting to cross the street. That is when the pizza delivery man, Matthew Warlick, 50, hit the child with his car.

Warlick explained that on the night of the incident he was looking towards one side of the street where a party involving children was taking place. He was focused in that direction in case one of those children ran out into the street. That is when Cassidy ran in front of his car from the other side. Warlick reported that the only thing he could do was slam on his brakes.

According to an unidentified witness, it did not appear that Warlick was speeding.

Rescue workers transported the Florida child to Lee Memorial Hospital where he was listed in critical condition. He was later transferred to Tampa General and was upgraded to serious condition.

Charges will not be filed against Warlick, according to the Florida Highway Patrol.

Car Kills Sanitation Worker in Tampa Bay Area

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)11041 — Wed, 28 Oct 2009 08:00:00 EST

A Florida accident involving a car and a sanitation worker in Seffner ends in the death of a man. The incident took place on Friday morning, October 23, 2009 on Parsons Avenue south of U.S. 92 outside of Tampa Bay.

According to the Hillsborough County Sheriffs Office, the sanitation worker, Frederick Solomon, 34, of Bradenton, was behind his truck when the accident occurred. He was reportedly throwing trash into the truck’s bin when a 1988 Toyota rear-ended the truck. Solomon was pinned between the two vehicles. Solomon died at the scene of the crash.

Solomon was employed by Republic Services that has a contract with Hillsborough County. Company spokesperson Peg Mulloy reported that Republic Services started replacing traditional trucks with automated ones that are considered safer because drivers do not have to get out of the newer trucks.

The driver of the 1988 Toyota has been identified as Lloyd Cribbs Jr., 33, of Plant City. Cribbs was transported to a nearby hospital. The details of his injuries were not made available.

Deputies have yet to file charges against Cribbs. Sheriff’s spokeswoman Debbie Carter indicated that the accident is still under investigation; however, it doesn’t appear that Cribbs was speeding at the time of the Seffner accident.

Orlando Car Accident Kills Teen; Injures Six Others

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)11040 — Tue, 27 Oct 2009 08:00:00 EST

A Florida car crash resulted in the death of a teenage boy and injured six others in a one-vehicle accident involving a sport utility vehicle (SUV). The Orlando car accident took place at approximately 1:20 AM on Saturday morning, October 24, 2009.

The crash occurred at the intersection of E. Michigan Street and Center Avenue in the Orlando area when the SUV that Brandon Wesley Wise, 17, of Orlando, was driving rolled over on its side, killing the teenager.

Wise was traveling eastbound in a 1997 Jeep along Michigan Street in the left lane when he attempted to make a left turn onto Center Avenue. According to Orlando police Sgt. Barb Jones, the SUV was traveling at a high rate of speed causing the Jeep to overturn. The SUV eventually came to rest on its side in a parking lot of a business near the intersection.

According to reports, Wise was pronounced dead at the scene. He was reported to have been wearing a seatbelt at the time of the incident.

There were six other passengers in the SUV that Wise was driving. They are all from Orlando and all suffered minor injuries.

Jones said that Wise is the 22nd person to die in Orlando this year due to a traffic accident.

The Florida car accident is still under investigation by local authorities.

Tampa Crash Involves an Ambulance and Pickup Truck

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)10955 — Fri, 23 Oct 2009 08:00:00 EST

A Florida accident recently involved an ambulance and a pickup. The Tampa accident took place along Busch Boulevard when an ambulance heading east swerved into oncoming traffic and smashed head-on into a truck. According to Tampa police, the ambulance was attempting to avoid cars that stopped suddenly in front of it.

The driver of the Ford F-150 pickup truck, Jerry Hager, 64, of Temple Terrace, was pinned inside of his vehicle. Emergency crews had to cut through the roof in order to extract him.

According to Tampa Fire Rescue spokesperson Bill Wade, Hager’s legs were pinned badly in the truck. He was transported to St. Joseph’s Hospital.

Hager had his two grandsons in the truck at the time of the accident. They were returning from a Boy Scout meeting. They both suffered injuries; however, none were considered life-threatening.

The injuries of the ambulance crew ranged from minor to none, according to Wade. He said that the crew immediately leaped out of the ambulance and came to the aid of Hagar and his grandsons.

There was not a patient on board the ambulance at the time. However, there were two other workers inside. They were traveling to a call when the American Medical response ambulance struck the Ford truck.

Though he did not specify the charge, Tampa Police Sgt. C. Leistl indicated that the ambulance driver would be cited for the incident.

The Tampa accident is still under investigation by local authorities.

Five Are Sent to Hospital in Florida Accident

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)10885 — Tue, 20 Oct 2009 08:00:00 EST

A Florida car accident sent several people to the hospital to be treated for injuries. The wreck took place on County Road 466A and Picciola Road in Lake County, outside of the Orlando area. The incident happened on Thursday evening, October 1, 2009.

The accident occurred when a sport utility vehicle (SUV), while traveling south on Picciola Road, drove off the right shoulder for an undetermined reason, according to Lake County Sheriff’s deputies. The driver of the SUV then overcorrected and slammed into a van.

According to authorities the collision caused a wheel from the SUV to detach from the vehicle and strike a motorcycle. There were two people on the motorcycle. The female motorcyclist ended up in a nearby lake. The SUV also ended up in the lake after hitting a guardrail.

Rescue crews transported two people from the SUV to a nearby hospital. They were treated for non-life threatening injuries.

The two motorcyclists were flown to Orlando Regional Medical Center and are considered to be in serious condition.

The driver of the van was taken to Leesburg Regional Hospital. The extent of the driver’s injuries has not been made known yet.

The accident is still under investigation. The identities of the five persons involved have not been made available as of yet.

Heparin Products Receive New USP Standards

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)10886 — Mon, 19 Oct 2009 08:00:00 EST

Health care professionals were notified by the U.S. Food and Drug Administration (FDA) as to changes in the manufacturing of heparin. A decrease in the potency of the drug is the expected result.

The United States Pharmacopeia (USP) has adopted new manufacturing controls over the anti-clotting drug. These new controls are expected to bring changes which include a modification of the reference standard for the drug’s unit dose. The changes are designed to increase the quality of the drug and protect against potential contamination.

The new controls take effect October 1, 2009. However, the FDA has requested that the new product not be shipped until October 8, or later.

According to John Jenkins, M.D. director of the Office of New Drugs in the FDA’s Center for Drug Evaluation and Research, the delay will allow time for health care providers and facilities to learn about and make necessary adjustments to pharmacy procedures and dosing practices.

There are four companies in the United States that manufacture heparin. They include APP, Hospira, Baxter and B. Braun. These companies have been requested by the FDA to identify their new products. This request has been made to assist health care professionals and pharmacies with identifying the new product from the former one.

Part of these changes is a result of a 2007-2008 incident involving contaminated heparin manufactured in China. As a result, deaths were reported associated with the contaminated drug.

College Student Dies in Brandon Car Accident

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)10571 — Tue, 29 Sep 2009 08:00:00 EST

A college student loses his life when his vehicle slams into a utility pole on Lakewood Drive in Brandon, Florida. The Brandon car accident took place at approximately 3:00 AM on Thursday morning, September 24, 2009.

According to the Hillsborough County Sheriff’s Office, the driver, Evaristo A. Jimenez, 22, died shortly after crashing into the utility pole when he lost control of his car and slid off the road. He dies that morning.

There were three other passengers in the car, Kenneth Whitehead, 21 of Brandon, Dantae Johnson, 21 of Seffner, and Darryl Ross, 22 of Valrico. They were each transported to Tampa General Hospital and treated for injuries.

Of the survivors, Whitehead, the only passenger reportedly not wearing a seatbelt, suffered the most severe injuries. Authorities reported that he was originally listed as having life-threatening injuries. Johnson and Ross were reported to be in fair condition.

Jimenez, driving a 1994 Honda Accord, was apparently traveling at a high speed along Lakewood Drive towards Brandon Boulevard when he lost control of the vehicle. The car traveled off the road finally wrapping around a wooden utility pole near the driver’s side.

The accident is still under investigation. Deputies have not determined whether alcohol played a role in the incident. However, Jimenez is reported as having a clean driving record.

Request for Tampa Hospital Files Dating Back to 1934

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)10570 — Mon, 28 Sep 2009 08:00:00 EST

According to St. Joseph’s, Tampa’s largest hospital, patients do not have the right to request every report and every piece of paper from their records for the last 75 years. However, that is exactly what some patients and their malpractice lawyers are requesting.

According to the website, Health News Florida, a Florida malpractice attorney recently requested every “adverse incident” report from St. Joseph’s since 1934. According to the report, the hospital denied the request and sued the attorney in which the attorney responded by suing right back.

Apparently, demands like this are becoming more popular, especially since the adoption of the Patient’s Right to Know Act in 2004, popularly known as Amendment 7. This amendment gave patients more access to their medical records.

“Just the logistics of the hospital trying to pursue it is extremely burdensome,” said St. Joseph’s attorney, Andrew S. Bolin. “You would be talking about potentially tens of thousands of records.”

Requests like these are what medical and hospital groups originally feared during the 2004 campaign over Amendment 7. Over these concerns, the Legislature passed a law reducing provisions, exempting most records from being required to be made available. They stated that the amendment would not apply to incidents that took place before the passage of Amendment 7.

However, in 2008, the state Supreme Court dismissed the Legislature’s restrictions requiring all hospitals to comply with record requests by patients.

Polk County Car Accident Kills Three

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)10482 — Fri, 25 Sep 2009 08:00:00 EST

Three people were killed in a car accident in the Central Florida area. The Polk County car accident resulted in the deaths of a man, a pregnant woman and an 11-month old when two vehicles crashed into one another. The crash took place on a northbound stretch of U.S. 27 near the Davenport, Florida area. The Orlando Sentinel reported that the stretch of highway was shut down for several hours.

The two-vehicle accident, which took place on Tuesday night, September 15, 2009, involved a van and a car.

According to local police, the car involved in the accident was an Oldsmobile. The van, a Chrysler Town & Country minivan struck the Oldsmobile and ejected both the mother and the 11-month year old baby from the car.

The driver of the car was transported to Lakeland Regional Medical Center. The male driver suffered serious injuries from the crash. The driver’s passenger, another male, was also killed in the Polk County car crash.

There were three other passengers reported in the Chrysler Town & Country minivan. A couple and their 4-month old baby suffered injuries from the Central Florida car accident. They were hospitalized, however, their injuries were not considered to be life threatening.

Road Rage Results in Orlando Car Accident

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)10327 — Thu, 10 Sep 2009 08:00:00 EST

A woman was hit and killed along Goldenrod Road in Orange County. The tragic Orlando car accident took place at approximately 3:00 AM. According to police, the car that hit her fled the accident scene.

Twenty-four-year-old Monica Salana was driving on Goldenrod Road when she stopped her car in the middle of the road. She had been arguing with the occupants of a black Nissan Altima and stopped the vehicle to confront them.

According to Orange County Sheriff’s Office Lt. Rick Luckey, when she stopped on the road, she was struck by the other car. He said, “Based on the information we have right now, it doesn’t appear to be an accident. It appears to be an intentional act.”

Firefighters who responded to the accident scene were not able to revive Salana.

Police are searching for the black Nissan Altima that was involved in the deadly car accident.

Teen Girl Hit in Orlando Pedestrian Accident

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)10275 — Fri, 04 Sep 2009 08:00:00 EST

A 17-year-old high school student was hit by a car as she crossed Mark Twain Boulevard. Larissa Dawe, a senior at Timber Creek High School, had missed her bus and was trying to catch it at the next stop, when the accident took place.

Dawe was taken to Arnold Palmer Hospital for Children for treatment of her injuries. According to Florida Highway Patrol spokeswoman Sgt. Kim Montes, Dawe’s injuries were not serious.

This Orange County pedestrian accident is the first in the area to involve a student this school year. Montes said that although the Florida Highway Patrol does not keep track of the amount of students hit by cars, these types of pedestrian accidents are rare. She also said that more of these crashes happen in the morning than afternoon.

The driver, 62-year-old Robert Erskine, was cited by troopers for failing to yield to a pedestrian. He was not injured in the Orlando pedestrian accident, but his windshield and fender were damaged.

The accident occurred at approximately 6:30 AM when it was still dark outside. She had just stepped off the sidewalk when Erskine hit her, but police believe he did not see Dawe.

The road was closed briefly following the accident.

Vertical Land Window Blinds Recalled Following Child's Death

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)10150 — Thu, 27 Aug 2009 08:00:00 EST

The U.S. Consumer Product Safety Commission (CPSC) and Vertical Land Inc. of Panama City, Florida, have cooperated together to announce a voluntary recall of horizontal and vertical blinds and cellular shades. According to the CPSC press release, 15,400 horizontal, 16,400 vertical and 800 cellular shades are being recalled.

There have been hazards linked to these shades that can cause serious injuries and death. The horizontal shades do not include an inner cord stop device, which is used to prevent the inner cords from being pulled out. The vertical blinds pose a strangulation hazard to children if their neck becomes entangled on the free-standing loop formed by the bead chain or by the cord with a weighted device. The cellular shades also have a strangulation hazard to children if their neck becomes entangled on the shade’s free-standing looped cord.

One report has been received of a child’s death. In 2006, a 4-year-old girl from Pensacola died when she became entangled in the loop of a vertical blind cord that was not attached to the wall or door.

All Vertical Land custom-made vertical and cellular window coverings that do not have cord tensioning devices are involved in the recall. Also, all horizontal blinds without the inner cord stop devices are being recalled.

For more information contact Vertical Land at 800-423-8653.

Federal Investigation Involving Fatal Accidents at Disney World

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)10107 — Tue, 25 Aug 2009 08:00:00 EST

In the past seven weeks, there have been three deadly accidents at Disney World in Orlando, which has prompted a federal investigation.

Last Wednesday, the Occupational Safety and Health Administration sent agents to Disney World, just two days following the death of a performer during a stunt show rehearsal. Thirty-year-old Anislav Varbanov died from a neck injury sustained while rehearsing for the “Indiana Jones Epic Stunt Spectacular.”

Varbanov’s death occurred just one week after another performer, age 47, died after falling onstage during a different show. In July, a 21-year-old monorail operator died after a train collision.

According to a Disney representative, Varbanov was performing an acrobatic move that was common and had been part of the show since its inception. The stunt involves the performer jumping into the air, diving over another performer, tucking and then rolling onto the ground.

Vince Rango, a former stuntman with the show said that "there's hydraulics involved, there's explosives involved and everyone is really on top of their game. It's very hot out there, the costumes are heavy and for my cast alone we did five shows a day, five days a week."

Disney stated that the park is investigating the stuntman’s death and is reviewing training procedures.

There have been previous injuries from the show. Just one year after it opened, OSHA issued a $1,000 fine to Disney when three people were injured onstage from malfunctioning equipment.

Ghostwriting Program Used to Promote Paxil

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)10036 — Thu, 20 Aug 2009 08:00:00 EST

According to the Associated Press, GlaxoSmithKline, the drug manufacturer of Paxil, had been using a ghostwriting program to promote the antidepressant and was giving doctors credit for the medical journal articles. It turns out that these articles were mainly written by company consultants.

An internal company memo stated that salespeople should talk to doctors about helping them write and publish articles about their positive experiences prescribing Paxil. The memo went on to say that salespeople can help doctors with everything from “developing a topic” to “submitting the manuscript for publication.”

There have been numerous wrongful death lawsuits filed against he drug manufacturer in connection with injuries from the use of Paxil. It has been alleged that Glaxo downplayed various risks associated with the antidepressant, including birth defects and suicidal behavior.

The ghostwriting program is known as CASPER. Mary Anne Rhyne, the spokeswoman for Glaxo, said that “the program was not heavily used and was discontinued a number of years ago.” She also said that the articles mentioned any assistance given to the main authors.

A ghostwriting expert said that Glaxo engaged in ghostwriting for many years. He also stated that although ghostwriting is legal, it can lead to illegal activity if the information turns out to be misleading and causes harm.

Chinese Drywall Could Lower Your Property Tax Bill

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)10005 — Mon, 17 Aug 2009 08:00:00 EST

Throughout Florida, homes have been abandoned due to Chinese drywall. These homes have depreciated significantly from this defective product.

Duke Stanley, who owns a home on Yukon Cliff Drive in Ruskin, said that his home loses value every day and he wants his property tax bill to reflect that loss. “We were sold a defective product so we should have some way of resolving that.”

Hillsborough County Property Appraiser Rob Turner said that he and his staff will work with Florida homeowners who have homes with Chinese drywall to revalue their properties, which could save them thousands of dollars. He said that Chinese drywall “has an effect on the values of their homes which clearly suggests we should make some adjustment for those property owners who are affected by this problem.”

Homeowners must take action to obtain lower property tax bills. They should first call the property appraiser’s office. An appraiser will be able to document proof of Chinese drywall. Stanley said that they expect 400 to 500 homes to be affected by this defective product.

Tampa Car Accident on I-275 Causes Serious Injury

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)9740 — Tue, 04 Aug 2009 08:00:00 EST

A two-vehicle car accident in Tampa on Friday, July 31, 2009, left one person seriously injured. The Tampa car accident occurred on I-275 near Busch Boulevard.

The Florida Highway Patrol was notified of the auto accident shortly before 2:00 PM. One of the lanes in the northbound section of I-275 was shut down temporarily and the Busch Boulevard exit ramp was also closed, according to the officials’ report.

One person was seriously injured in the crash, said Tampa Fire Rescue Captain Bill Wade. The injured individual was an adult male passenger who had been traveling in a small red sedan. He was transported by ambulance to Tampa General Hospital for treatment for his injuries. Other people in the accident sustained minor injuries.

Wade also said that the sedan went through a guard rail after hitting a gray sport utility vehicle.

Two People Injured in Wesley Chapel Car Accident

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)9646 — Wed, 29 Jul 2009 08:00:00 EST

Two people were injured in a car accident on the afternoon of Sunday, July 26, 2009 in Wesley Chapel. The crash involved three vehicles at State Road 54 and Boyette Road.

The Wesley Chapel car accident occurred when 51-year-old Bernard Walker, a Tampa resident, was traveling west on State Road 54 at 3:55 PM in a 2007 Ford box truck. As he approached the intersection, he hit a 1999 four-door Chevrolet driven by 21-year-old Katie Remley, a Wesley Chapel resident, who was stopped at the intersection facing south. Remley was attempting to turn left to head east on State Road 54, according to the Florida Highway Patrol.

Walker lost control of his vehicle and it flipped onto its right side. His truck then hit a third vehicle driven by Temika Coker, a Wesley Chapel resident.

According to Walker’s report to the police, the traffic light was yellow when he crossed the intersection and Remley went forward with a left turn. However, Remley said that she had a green light.

Walker was taken to University Community Hospital in Tampa for treatment for minor injuries. Remley was taken to St. Joseph’s Hospital in Tampa with minor injuries, according to the Florida Highway Patrol.

Coker did not go to the hospital.

University of South Florida Football Player Falls from Busch Gardens Ride

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)9583 — Fri, 24 Jul 2009 08:00:00 EST

Maikon Bonani, a 20-year-old starter kicker for University of South Florida, fell 35 feet from a gondola ride while working at Busch Gardens in Tampa. The park did not immediately release the name of the injured employee, but USF identified him as one of their football players.

Bonani had been working at the Skyride attraction. According to a park statement, Bonani had just sent passengers out on a gondola, when he thought the door might be unlocked. He held onto the door to check it and the gondola took off with the passengers. Bonani let go at 35 feet above ground and fell into a landscaped area.

Spokeswoman Jill Revelle said that he was trying to make sure the passengers were safe. She said that no one else was injured in the accident.

Revelle reported that Bonani was responsive but taken to a hospital as a precaution. Bonani was listed as fair condition in St. Joseph’s Hospital.

Jim Leavitt, a USF football coach, had visited Bonani in the hospital and said that he may have injured his vertebra.

“He’s in pain, but doing fine and resting,” said Leavitt.

Multi-Truck Accident on I-4 Injuries Four People

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)9446 — Wed, 15 Jul 2009 08:00:00 EST

A morning crash on Interstate 4 involving a tractor-trailer, Florida Highway Patrol trooper and two construction vehicles resulted in four people being seriously injured.

The accident occurred at approximately 1:44 AM at I-4 near McIntosh Road close to Dover.

According to Florida Highway Patrol, at the time of the Florida crash, 45-year-old Trooper Maurice Hensley, a Tampa resident, was in his vehicle with his emergency blue lights flashing to ensure that motorists reduced their speed for the nearby road construction.

A tractor trailer hit a construction truck that had been traveling behind Hensley’s car, which had been stationed between two construction trucks with flashing arrows. All of the three vehicles had been traveling slowly in the center lane.

The force of the collision pushed the construction truck into Hensley’s car, which sent his vehicle into the truck in front.

Hensley was seriously injured in the accident and was transported to St. Joseph’s Hospital. Steven Cofield, an 18-year-old construction truck driver, was taken to Brandon Regional Hospital. The other construction truck driver, William Pettet, a 43-year-old Valrico resident, was not taken to the hospital.

The tractor-trailer driver, Jack Duran, a 45-year-old Orlando resident, was taken to Tampa General Hospital.

Driver of Monorail Killed in Crash at Disney World

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)9329 — Mon, 06 Jul 2009 08:00:00 EST

The 21-year-old driver of one of the monorail trains at Walt Disney World was killed following a collision with another monorail early Sunday, July 5, 2009.

According to a witness, one of the monorail trains slammed into the back of a stationary train at approximately 2:00 AM at the Disney World Ticket and Transport Center. The Orange County Sheriff’s Office said that there were eight people riding on the train at the time of the collision.

Another employee was transported to a hospital to be checked and six guests, who were all from the same family, were evaluated by paramedics at the scene of the crash and released. None of the seven individuals were injured, according to Disney World officials.

Austin Wuennenberg, a senior at Stetson University, was killed in the monorail train crash. Mike Griffin, Disney’s vice president for public affairs said, “It’s a terrible day for us. Our hearts go out to Austin and his family.”

Wuennenberg’s family issued a statement saying, “He always enjoyed his work at Disney, and especially enjoyed his work as a monorail pilot. He has many great friends who he has positively influenced; everyone will truly miss this dynamic young man.”

Disney World is cooperating with county authorities and the U.S. Occupational Safety and Health Administration in the investigation into the fatal accident.

Nestle Toll House Cookie Dough Recalled Due to E. Coli

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)9293 — Thu, 02 Jul 2009 08:00:00 EST

A voluntary recall has been announced for Nestle Toll House refrigerated cookie dough products after reported E. coli illnesses may have been caused by consuming the company’s raw cookie dough. The U.S. Food and Drug Administration (FDA) and the Centers for Disease Control and Prevention (CDC) are performing an investigation into reported E. coli illnesses associated with Nestle Toll House cookie dough.

There have been numerous reports made by consumers that they became ill after eating raw Nestle Toll House cookie dough. The press release regarding the recall had a statement from Nestle that read, “While the E. coli strain implicated in this investigation has not been detected in our product, the health and safety of our consumers is paramount so we are initiating this voluntary recall.” Nestle goes on to say that they are cooperating with the FDA and CDC in the investigation.

The products included in the recall are all varieties of Nestle Toll House refrigerated Cookie Bar Dough, Cookie Dough Tub; Cookie Dough Tube; Limited Edition Cookie Dough items; Seasonal Cookie Dough and Ultimates Cookie Bar Dough.

Other Nestle Toll House products, such as already baked cookies purchased outside the home, chocolate morsels, chocolate baking bars and cocoa have not been affected by the recall.

Nestle reminds consumers in the press release that raw cookie dough should not be consumed and that this warning is on their packaging.

Car Accident near Plant City Injures 3 People

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)9217 — Mon, 29 Jun 2009 08:00:00 EST

A Florida car accident seriously injured three people on the evening of Sunday, June 28, 2009. According to Florida Highway Patrol, the crash occurred on Interstate 4 near Plant City after a driver was speeding down the highway and hit a vehicle while changing lanes.

The three occupants of the vehicle hit, 36-year-old Laura Waiters, 32-year-old Angella Humphrey, and 55-year-old Thedis Wilburn, were transported to Tampa General Hospital and were listed as being in serious condition. All three of the injured victims are from Tampa.

There was another occupant in the vehicle, a 7-year-old girl, but she was not injured in the crash.

The Florida Highway Patrol reported that Kyrie Lynn Fitzgerald, a 20-year-old Largo resident, was speeding and changing lanes in and out of traffic when she passed Waiters’ vehicle. Fitzgerald went into Waiters’ lane and the front of her vehicle struck the rear of Waiters’ car. As a result, Waiters lost control of her Toyota and the vehicle started to spin across all three westbound lanes of I-4 before it crashed into a concrete barrier wall. Fitzgerald’s Mitsubishi also spun out of control, but stopped on the outside lane.

Fitzgerald was not injured in the accident and was issued a citation for failure to use due care.

Man Killed in Multi-vehicle Accident in Florida

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)9086 — Mon, 22 Jun 2009 08:00:00 EST

A man from Gainesville died in a Florida car accident and three people traveling with him were injured. The Florida auto accident took place at U.S. 27 and Northwest 115th Avenue on the afternoon of June 13, 2009. As a result, all four lanes of the busy highway were shut down temporarily.

According to Florida Highway Patrol troopers, two vehicles, a 1997 Pontiac in the inside lane and a black 1999 Ford SUV in the outside lane, were traveling west on U.S. 27. The Pontiac veered off the road and into the grassy median, before it re-entered the highway. The Pontiac partially crossed the dividing line and both vehicles went to the left. At some point, the Pontiac spun out of control in the grassy median and the SUV overturned, which ejected the driver, Stuart D. Kushner, a 67-year-old Gainesville man.

Officials said that Kushner died at the scene of the accident. He was wearing a seatbelt at the time of the crash. Troopers said that the vehicles never struck each other.

Three of the passengers in the SUV were transported to separate hospitals. Sixty-seven-year-old Thomas Smith was flown to an Orlando hospital and 28-year-old John Smith and 58-year-old Irene Kushner were taken to Munroe Regional Medical Center. All of the accident victims are from Gainesville.

Fatal Florida Car Accident Cases Show Importance of Seatbelts

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)8974 — Wed, 10 Jun 2009 08:00:00 EST

There have been numerous recent accidents in Florida that have shown the importance of wearing a seatbelt while driving or riding in a car.

Last week, a 17-year-old high school student was killed in a Florida car accident on I-275 in St. Petersburg. Travis Martin died after his SUV struck a guardrail and he was ejected from his vehicle.

Another recent Florida auto accident involved nine teenagers from Jacksonville. Their SUV blew a tire and eight of the teens were ejected from the vehicle. Three were killed and three others were in critical condition following the car accident. The driver was injured, but wasn’t thrown from the vehicle. He was the only one who had been wearing a seatbelt.

A news conference was held just hours after the SUV accident by police who discussed the importance of using seatbelts. Patrol officials say that it is hard to get people enthused about hearing a safety message about seatbelts.

During the news conference, another car accident caused the injury of 4-month-old Danaie Rodriguez-Hernandez. She was thrown from her parents’ Nissan when her father ran a red light. Her mother had been nursing her in the front passenger seat at the time of the accident.

Man Killed in Florida Car Accident

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)8941 — Mon, 08 Jun 2009 08:00:00 EST

Miguel B. Jose was killed in a Florida car accident late evening on State Road 31 in Charlotte County. The Florida Highway Patrol released the name of the 50-year-old Fort Myers resident who was killed when the van he was driving was hit by a pickup truck.

According to the Florida Highway Patrol, 23-year-old Arcadia resident, Walter S. Bates Jr., was driving northbound on State Road 31 north of Cook Brown Road when he tried to pass a vehicle that was directly in front of him and crashed head on into Jose’s vehicle. Jose was traveling southbound on State Road 31 at the time of the collision. He was pronounced dead on the scene.

Seven other people were taken to area hospitals due to the car accident. Diego S. Ordonez, a 38-year-old Fort Myers resident, was transported to Lee Memorial Hospital with critical injuries. Domingo Lopez, 45, Angela Barrious, 33, Cadelaria Lopez Domingo,41, all from Fort Myers, were also transported to Lee Memorial Hospital with serious injuries.

Romeo Cifuences, 28, and Macelino Deleon, 58, both from Fort Myers, were transported to Gulf Coast Hospital with serious injuries, and Eduardo Lopez, a 27-year-old Fort Myers resident, was transported to Charlotte Regional with serious injuries.

Bates sustained only minor injuries in the car accident in Florida.

No Quick Relief for Florida Homeowner's Suffering from Chinese Drywall

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)8880 — Thu, 04 Jun 2009 08:00:00 EST

According to the U.S. Environmental Protection Agency’s (EPA) test results released on May 19th, the Chinese drywall that had been tested was found to contain strontium “at levels 10 times as high as in drywall made in the United States, and two other organic compounds usually found in acrylic paint that aren’t in drywall made here,” said Karen M. Scott, a drywall expert.

The next EPA report is expected to be released in late June. For homeowners suffering from Chinese drywall that has been emitting fumes, there is no immediate relief. The only action available to take right now is contacting government agencies. Scott recommended in a seminar hosted by Indian River State College that homeowners also consider consulting an attorney.

It is still unclear whether the tainted drywall affects surrounding drywall that is untainted. Therefore, experts are not sure if simply replacing the Chinese drywall will solve the problem. Also, experts do not know if all copper and silver metal in the house will have to be replaced as well before a home is taint-free.

The Chinese drywall was installed in U.S. homes from 2001 to 2008. There have been some complaints over the years, but the number grew exponentially after the media began reporting the drywall issue in December 2008.

Researchers are still looking for a connection between health issues in humans and pets and the tainted drywall. Scott told the group at the seminar that until researchers determine the definite connection, they are better off making a defective product claim than a health claim.

Florida Fatal Car Accident Caused by Chair on Turnpike

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)8794 — Thu, 28 May 2009 08:00:00 EST

A fatal car accident on Florida’s Turnpike was caused by a chair that fell on the highway. A man from St. Cloud has come forward to admit that it was his chair that fell of his truck, causing the tragic accident on May 1, according to Florida Highway Patrol. The St. Cloud man now faces a misdemeanor charge for his involvement in the crash.

Florida Highway Patrol troopers were contacted by Timothy Debrecht, a 43-year-old man, just two days after the car accident that took the life of 33-year-old Ericka Roman, a D.J. with Power 95.3 FM in Orlando.

Debrecht was traveling with his family to the Florida Keys, pulling a boat when the chair fell off the boat north of Fort Pierce. Roman tried to swerve to miss the chair, lost control of her vehicle and crashed into a ditch.

According to FHP repoprts, Debrecht was unaware that anything had happened until he reached the Keys and noticed the chair missing. He then saw the news reports and contacted the police. Debrecht gave a statement to troopers on the family’s return trip home and expressed remorse for what happened.

Ford, GM & Chrysler Recall Thousands of Vehicles

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)8768 — Wed, 27 May 2009 08:00:00 EST

Some of the major auto manufacturers have recently announced recalls for thousands of their vehicles. The vehicles that have been affected by these recalls include Dodge Ram pickup trucks, Ford F-150 trucks, Chevrolet Traverse SUVs and many other Cadillac, Chevrolet and GM SUVs. If you have one of the affected vehicles, the manufacturer should be contacting you.

2009 Ford F-150: Over 8,700 Ford F-150 trucks have been recalled for a problem with the break stop light. The light may not illuminate or may have a delay when the break pedal is depressed. This problem can lead to an accident.

2009 Chevrolet Traverse: GM is recalling about 15,000 Traverse SUVs due to a problem with the park brake cable link. Apparently, the connector can fracture when the brake pedal is pressed, increasing the risk of a crash.

2009 Dodge Ram: More than 37,000 Dodge Ram pickup trucks have been recalled because of a problem with the manual temperature control, which can make the windshield defrost and defog malfunction.

2009 Cadillac, Chevrolet and GM Vehicles: GM has recalled over 27,000 GM Cadillac Escalade and Escalade Hybrid, ESV and EXT versions, GMC Canyon, Yukon, Yukon XL, and Yukon hybrid trucks and Chevrolet Avalanche, Colorado, Suburban, Tahoe and Tahoe hybrid. The fuel system may have a sealing problem, which can cause water to seep in. Water can cause various problems and could increase the risk of an accident.

Seat Belts Can Save Lives in a Florida Car Accident

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)8685 — Wed, 20 May 2009 08:00:00 EST

Beginning May 18th, Florida launched a statewide Click It or Ticket campaign to crackdown on all unbuckled drivers and passengers. Florida legislators have passed a primary seat belt law, but it will not go into effect until June 30th.

The Click It or Ticket campaign started before Memorial Day weekend, which has the highest annual rate of traffic deaths. The campaign was launched in cooperation with the Florida Department of Transportation, the National Highway Traffic Safety Administration and Florida law enforcement agencies.

Most Florida residents use their seat belts, but it is the minority who does not who account for most of the traffic deaths each year. In 2007, one in five Florida residents who did not use a seat belt accounted for three in five of the traffic deaths that year.

This year marks the ninth anniversary of the Click It or Ticket public education campaign. The campaign will target people who are least likely to use a seat belt – pickup truck drivers and passengers, African American men and Hispanic men.

According to the latest traffic statistics, 1,972 people were killed in Florida in vehicles that were equipped with safety belts. Of those killed, 1,201 were not wearing seat belts at the time of the accident.

Florida Residents Suffering from Chinese Drywall

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)8546 — Tue, 12 May 2009 08:00:00 EST

According to Contact Five Investigators, there have been thousands of claims of homeowners who have been suffering from tainted drywall in their homes. State and federal agencies have been looking into the problem, but some people believe that more needs to be done.

Brian Eisenberg, a Boynton Beach resident, said that he and his wife started to notice a sulfur smell in their brand new home and later found corrosion on wiring throughout the home. They have had to replace their air conditioner three times in the last two years. Eisenberg has become concerned about the health of his young daughter.

Eisenberg joins thousands of families in Florida and across the country in this concern over tainted drywall from China. According to a preliminary report by Florida’s Department of Health, the agency has confirmed the affected drywall is releasing a sulfur compound into the air. However, the agency did not state that the problem is a health threat for homeowners.

Florida Senator Bill Nelson wants action to be taken regarding the Chinese drywall, as it is affecting 30,000 to 40,000 Florida residents.

A new chief has been nominated by the White house to lead the Consumer Product Safety Commission. The Senator believes that this nomination is good news, as he has criticized the CPSC for acting too slowly on the drywall investigation.

Eisenberg has moved his family out of their home and now wonders about his options.

Jardine Cribs Sold by Babies 'R' Us Recalled

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)8482 — Thu, 07 May 2009 08:00:00 EST

Seven Jardine crib models have been voluntarily recalled following reports of infant entrapments. The U.S. Consumer Product Safety Commission (CPSC) announced the recall in cooperation with Jardine Enterprises of Taipei, Taiwan.

Approximately 96,000 cribs have been included in the nationwide recall. This recall is the third announcement in the last year involving Jardine cribs. In June 2008, 320,000 cribs were recalled and in January 2009, 56,450 cribs were recalled.

According to the press release by the CPSC, the wooden crib slats can break, which can create a dangerous gap. This gap can lead to entrapment and strangulation of infants and toddlers. There have already been 31 reports of slats breaking, including two reports of children becoming entrapped in the gap created by the broken slat. Among these reports, there were 10 that mentioned that the child broke the slat while in the Jardine crib. There was one report of minor injuries that included bumps and abrasions.

The following cribs are involved in the recall:

Model #	Description	Date Code Between
0102B00	Drop-side Natural Olympia Single	9/2005-1/2007
0102E00	Drop-side Dark Pine Olympia Single	9/2005-1/2008
0302P00	Black Olympia Lifetime	11/2005-5/2008
0302C00	White Olympia Lifetime	6/2006-12/2006
0312D00	Americana Pecan 4-in-1	5/2006-11/2007
0308L00	Antique Walnut Capri 4-in-1	12/2005-11/2007
0108C00	Drop-side White Capri Single	8/2006-11/2007

The cribs were sold at KidsWorld, Geoffrey Stores, Toys ‘R’ Us and Babies ‘R’ Us across the country from September 2005 to April 2009.

For more information, contact Jardine at (800) 646-4106.

Prescription Cough and Cold Drug Products Recalled

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)8347 — Tue, 28 Apr 2009 08:00:00 EST

Neligen Pharma Inc. and Advent Pharmaceutical have recalled all prescription cough and cold drug products sold on or after March 5, 2008. According to the press release by the U.S. Food and Drug Administration (FDA), Neligen Pharma and Advent Pharmaceutical are contract manufacturers for these products and are recalling the drugs because of the unapproved drug product category.

Patients who are taking these recalled drugs are urged to stop taking them and to return the products to the place where purchased. In addition, patients are supposed to contact their physicians to obtain a replacement medication or prescription.

According to the FDA, consumer’s exposure to the recalled drugs is not likely to cause any adverse health complications, although the safety and effectiveness have not been established by the FDA yet. The two drug manufacturers have stopped producing the products. There have been no reported injuries to date.

The FDA press release states that any questions relating to the drug recall by Neligen Pharma and Advent Pharmaceutical should be directed to Advent Pharma Customer Service at 888-634-5522. Customer Service is available Monday through Friday from 8:00 AM to 5:00 PM EST.

Any adverse reactions to the drugs should be reported to the FDA’s Adverse Reporting program either online, by fax or mail.

FDA Warns St. Jude Medical Inc.

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)8313 — Mon, 27 Apr 2009 08:00:00 EST

A warning letter was sent to St. Jude Medical Inc. from the U.S. Food and Drug Administration (FDA) regarding its faulty manufacturing practices at its catheter manufacturing plant in Minnetonka, Minnesota. According to BizJournal, the warning letter was released in a regulatory filing with the U.S. Securities and Exchange Commission (SEC).

The FDA had inspected St. Jude Medical’s Atrial Fibrillation (AF) Division’s catheter facility on numerous occasions from December 8 to December 19. On December 19, the FDA notified St. Jude Medical that issues with the manufacture and assembly of its Safire ablation catheter were observed, which are designed to correct irregular heartbeats and destroy damaged and diseased tissue with heat.

St. Jude Medical will not be approved by the FDA to manufacture the new medical devices at its plant until it fixes the cited problems, which included faulty record keeping.

St. Jude Medical has been the center of controversy before when its Symmetry Bypass Aortic Connector was associated with a high occurrence of heart attacks, respiratory failure and several deaths. Adverse side affects of the device included graft narrowing, valve leakage, failed deployment and occlusion.

The Symmetry Bypass Aortic Connector had been approved in 2001 after a shortened approval process. Thousands of these devices have been implanted in patients. Even though there have been reports of adverse side effects, St. Jude Medical has not done anything to alter the design.

Fitness Balls Recalled Following Reported Injuries

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)8219 — Mon, 20 Apr 2009 08:00:00 EST

EB Brands of Yonkers, New York, is cooperating with the U.S. Consumer Product Safety Commission (CPSC) to recall fitness balls that have been linked to numerous injuries. The recall includes Bally Total Fitness, Everlast, Valeo and Body Fit Fitness Balls. Approximately 3 million units are being recalled.

According to a press release created by the CPSC, if the fitness balls are over-inflated, they can burst while being used and may cause the consumer to fall. So far, EB Brands has received 47 reports of the fitness balls bursting unexpectedly. Among these reports are incidents of a fracture and multiple bruises.

The fitness balls included in the massive recall are made of rubber and measure 55-, 65- and 75-cm in diameter. These products came with a pump and inflation instructions. The recalled fitness balls were available in various colors and have the Bally Total Fitness, Everlast or Valeo logo printed on them.

The CPSC’s press release states that the products were manufactured in China and sold at various department sores and fitness retail outlets across the United States from May 2000 to February 2009. The fitness balls cost between $15 to $30.

Consumers with the recalled fitness balls are supposed to contact EB Brands to obtain a copy of the updated instructions on how to safely inflate the ball. More information is available by calling EB Brands at (800) 624-5671 from 9:00 AM to 5:00 PM EST Monday through Friday or by visiting www.ebbrands.com.

Lawsuits Filed Over Yamaha Rollover Accidents

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)8089 — Tue, 07 Apr 2009 08:00:00 EST

More than 145,000 Yamaha Rhino off-road vehicles were recalled recently, following an investigation by U.S. regulators. Earlier this week, the U.S. Consumer Product Safety Commission (CPSC) said it had investigated 50 Rhino accidents that led to 46 deaths and hundreds of serious injuries. According to the CPSC, more than two-thirds of the accident cases involved rollovers.

There have been hundreds of lawsuits filed on behalf of the victims injured in Yamaha Rhino rollover accidents. It has been suggested that the Yamaha Rhino is more likely to be involved in a rollover accident than many of the other off-road vehicles. Critics have said that the Yamaha Rhino is top heavy and that its tires are extremely narrow. These design defects make the off-road vehicle more prone to tip while going through sharp turns. Passengers’ legs are also not protected in a rollover accident due to the design of the vehicle.

Yamaha has been accused of being too slow to acknowledge the Rhino’s rollover problems. The company did send out a letter in September 2006 to owners of the vehicles warning about the rollover risk, but the wording seemed to place blame on the victims.

The CPSC and Yamaha have announced a recall of all Rhino 450, 660 and 700 models distributed since fall of 2003. Yamaha will be repairing the recalled vehicles free of charge. In addition, Yamaha is offering to extend a free helmet offer to owners of the affected Yamaha Rhinos.

Pistachios Pose Latest Salmonella Threat

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)8026 — Thu, 02 Apr 2009 08:00:00 EST

Government and industry officials moved quickly to try to combat the latest threat of salmonella involving pistachios. This new scare follows a costly and deadly salmonella outbreak caused by contaminated peanut butter products.

Public health agencies were alerted across the country to be on the lookout for suspicious stomach illnesses before federal regulators publicly announced a massive recall of pistachios.

Dr. David Acheson, the U.S. Food and Drug Administration’s commissioner said that the agency’s tactic of announcing a recall before illnesses occur is rarely used and is meant to stay “ahead of the curve.”

There has not been a wave of salmonella outbreaks linked to pistachios reported yet. This contamination is therefore quite different than the peanut salmonella, which has been attributed to nine deaths and 700 poisonings across the country.

Setton Pistachio of Terra Bella, California, started to voluntarily pull its products from distribution centers and retail stores on Monday. The recall occurred after its pistachios were found to contain strains of salmonella. Georgia Nut Co., a company that purchases nuts from Setton was doing routine internal testing when it discovered the strains of salmonella. The FDA was notified.

Experts believe that a more aggressive and proactive approach to contamination will help change the notion that the FDA simply reacts to contamination after consumers start becoming ill.

Watson Pharmaceuticals Recalls Propafenone HCL Tablets

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)7908 — Thu, 26 Mar 2009 08:00:00 EST

Watson Pharmaceuticals has recalled one lot of Propafenone HCL 225 mg tablets after it was discovered that some of them may be oversized and therefore may contain higher levels of the active ingredient than what is specified on the packaging.

Propafenone is used to treat cardiac arrhythmias, also known as irregular heartbeats. According to the U.S. Food and Drug Administration (FDA), this drug has a narrow therapeutic index, meaning some patients may be especially sensitive to small variations in dosage and may suffer potentially serious side effects, such as irregular heartbeat or low blood pressure.

Watson is recalling one lot of Propafenone at the consumer level to help reduce the risk to patients. The tablets included in the recall have the lot number, #112680A and an expiration date of July 31, 2010. The recalled tablets were sold in 100 count bottles and were the Propafenone HCL 225 mg tablets. The affected lot was sent to customers in the United States between October 15, 2008 and November 26, 2008.

Patients who use Propafenone should check the bottle to determine if their tablets were included in the recall. The lot number and expiration date should be located on the bottle. Patients who do have the recalled tablets can call (888) 352-9616, Monday through Friday, 8:00 AM to 5:00 PM for directions on how to return the product.

Any adverse reactions should be reported to the FDA's MedWatch Program by phone at 1-800-FDA-1088, by Fax at 1-800-FDA-0178, by mail at MedWatch, FDA, 5600 Fishers Lane, Rockville, MD 20852-9787, or on the MedWatch Web site at www.fda.gov/medwatch.

Transdermal Drug Patches Pose Burn Risks During MRI Scans

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)7848 — Tue, 24 Mar 2009 08:00:00 EST

Some transdermal patches, which are medicated patches applied directly to the skin, have been found to pose a burn hazard when worn during an MRI scan. The patches contain aluminum or other metals in the backing that can overheat during an MRI scan and cause skin burns.

Transdermal patches are designed to slowly deliver medications through the skin. According to the U.S. Food and Drug Administration (FDA), some patches have metal in the layer of the patch that is not in direct contact with the skin and the metal may not be visible. There are usually warning labels to alert patients when the transdermal patch does contain metal and the associated risk of burns if the patch is not removed during an MRI scan. Unfortunately, not all of the transdermal patches that contain metal have warning labels.

The FDA is currently reviewing the labeling and composition of all medicated patches to make sure that the ones made with metal materials have an adequate warning about the risk of burns to patients who wear the patches during an MRI scan.

It is recommended that medical providers identify patients who are wearing a transdermal patch before they have the MRI scan. These patients should be advised of how to remove and replace the patch. Patients are also urged to tell the doctor referring them for an MRI scan that they are using a patch and to ask the doctor for guidance about removing and disposing of the patch before the MRI scan. Patients should also tell the MRI facility that they are using a transdermal patch before the appointment.

Bowflex Home Gyms Have Caused Injuries

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)7679 — Mon, 09 Mar 2009 08:00:00 EST

There have been 18 reports of injuries resulting from the use of Bowflex Ultimate 2 Home Gyms, imported by Nautilus Inc., of Vancouver, Washington. The injuries were caused by unlatched seat rails that have fallen, which has led to head and shoulder lacerations requiring stitches or staples.

Due to the risk of injury associated with the Bowflex Home Gyms, the U.S. Consumer Product Safety Commission, in cooperation with Nautilus, has issued a voluntary recall of this product. Approximately 78,000 Bowflex Ultimate 2 Home Gyms have been included in this nationwide recall.

According to the press release sent out by the U.S. Consumer Product Safety Commission, the Bowflex Gym has a horizontal seat rail designed to be latched in a vertical position for storage. When the seat rail is not manually latched, it can fall unexpectedly on the user or a bystander, which can cause serious injuries.

The Bowflex Ultimate 2 Home Gym comes equipped with pulleys, resistance rods and other equipment, which allows the user to perform various exercises. The words, “Bowflex Ultimate 2” are printed on the vertical part of the frame.

These home gyms were sold by specialty fitness stores across the country and through Nautilus from June 2005 to January 2009 for approximately $2,300.

The press release mentions that consumers can still use their Bowflex Home Gyms for exercising, as long as they avoid placing the seat rail in the vertical position until a repair can be completed. Registered owners of this product will be sent a free repair kit. However, if the repair kit is not received by March 10, 2009, consumers should contact Nautilus at (800) 259-9019 between 8:00 AM and 5:00 PM PST.

FDA Warns About Dangers of Skin Numbing Products

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)7658 — Sun, 08 Mar 2009 08:00:00 EST

A public health advisory has been issued by the U.S. Food and Drug Administration (FDA) about serious and potentially fatal side effects from the improper use of skin numbing products. These products, also known as topical anesthetics, are available over-the-counter or through a prescription.

Topical anesthetics desensitize nerve endings near the surface of the skin and contain drugs such as lidocaine, tetracaine, benzocaine and prilocaine. The skin numbing products come in the forms of cream, ointment and gel. According to the FDA, these products can be absorbed into the blood stream and if used improperly, may cause life-threatening side effects, including irregular heartbeat, seizures, breathing difficulties, coma or death. There have been two reports of deaths linked to topical anesthetics.

The FDA is recommending that patients who must use topical anesthetics should use products that have the lowest amount possible of medication needed to relieve pain. Consumers are also advised not to heavily apply topical anesthetic products over large areas of skin and to avoid wrapping the treated skin with plastic wrap or other dressing. In addition, consumers should not apply topical anesthetics to irritated or broken skin and shouldn’t apply heat from a heating pad to skin that has been treated with a skin numbing product.

Life-threatening side effects have been associated with using topical anesthetics before laser hair removal. It is believed that similar side effects could occur if topical anesthetics are used before a mammogram.

If you have experienced harmful side effects from a topical anesthetic, you can report it to the FDA’s MedWatch program at 800-FDA-1088 or www.fda.gov/medwatch/report.htm. You should also consider contacting an attorney.

FDA Warns About Tainted Weight Loss Pills

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)7602 — Mon, 02 Mar 2009 08:00:00 EST

A nationwide alert was released to warn consumers about tainted weight loss pills that have undeclared, active pharmaceutical ingredients. In December 2008, the U.S. Food and Drug Administration warned consumers to stay away from 28 different weight loss products on the market. Since then, the FDA has identified 41 more tainted weight loss products that could harm the health of consumers.

Some of the tainted weight loss products include Fatloss Slimming, 2 Day Diet, 3x Slimming Power, ProSlim Plus, Royal Slimming Formula, Slim 3 in 1, Cosmo Slim, Body Slimming and Body Shaping. For the complete list, visit the FDA’s website.

These weight loss pills were found through an FDA analysis to contain undeclared pharymacecuial ingredients such as sibutramine (a controlled substance), rimonabant (a drug not approved for marketing in the United States), phenytoin (an anti-seizure medication), phenolphthalein (a solution used in chemical experiments and a suspected cancer causing agent), and bumetanide (a diuretic). The FDA believes these weight loss pills could put consumers’ health at risk, as the active ingredients far exceed the FDA-recommended levels.

Many of the weight loss products named by the FDA are marketed as “dietary supplements” and sold by various online retailers and in some retail locations. What was extremely frightening about the FDA’s findings is that some of these weight loss products are promoted as “natural” or to only contain “herbal” ingredients, even though they contain some harmful ingredients not listed on the product labels. In a news release, the FDA stated that these products are not approved by the agency and are illegal, in addition to being potentially harmful to unsuspecting consumers.

Consumers are warned to stop taking these products and consult their healthcare providers immediately.

Outbreak of Salmonella Typhimurium from Peanut Butter Products

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)7492 — Wed, 25 Feb 2009 08:00:00 EST

After a joint investigation by the U.S. Food and Drug Administration (FDA) and Centers for Disease Control and Prevention (CDC), it was discovered that a plant in Blakely, Georgia, owned by Peanut Corporation of America, was the source of a massive outbreak of salmonella.

The FDA and CDC found that some peanut butter and peanut paste produced at the Blakey plant were contaminated with salmonella typhimurium, which can cause serious illnesses and death. Since the investigation, which showed that Peanut Corp. of America violated FDA requirements, the company has recalled a number of ingredients from the market.

Many different products are affected by this recall, as there is an ingredient-driven outbreak. These products include cookies, crackers, cereal, candy, ice cream, pet treats and other foods that were distributed through various channels. The FDA has created a database of recalled products that consumers can search through to determine if any of the food items they possess has been included in the recall. Consumers are urged to discard any recalled foods. So far, more than 2,100 products in 17 different categories have been voluntarily recalled. The list has been growing daily.

Peanut Corp. of America informed customers who received products from its Georgia or Texas plants not to distribute or use them and said to contact the FDA. Currently, the FDA and Texas Department of State Health Services are collaborating to implement the recall.

Pet-food products that contain peanut paste produced by Peanut Corp. of America have even been affected by the recall. Salmonella can also affect animals and humans who handle the contaminated food.

So far, there have been hundreds of reports of consumers who have become ill from salmonella from Peanut Corp. of America’s products and several people have died.

Dietary Supplement Contains Undeclared Drug – FDA Warns Consumers

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)7466 — Mon, 23 Feb 2009 08:00:00 EST

The U.S. Food and Drug Administration (FDA) issued a press release warning consumers about the dietary supplement, Venom HYPERDRIVE 3.0. Apparently, this dietary supplement contains sibutramine, which is a controlled substance with risks for abuse or addiction and is considered a potent drug that poses potential safety risks to those who take it.

"Sibutramine is the active ingredient in an FDA-approved prescription drug used as an appetite suppressant for weight loss. But when present in a dietary supplement, it may harm unsuspecting consumers because sibutramine can substantially increase blood pressure and heart rate (pulse), and may present a significant risk for people with a history of heart disease, heart failure, irregular heart beats or stroke," said Janet Woodcock, M.D., director of the FDA's Center for Drug Evaluation and Research.

Applied Lifescience Research Industries Inc. (ALR Industries) has been marketing Venom HYPERDRIVE 3.0. The Oak View, California company initiated a recall of all lots of this dietary supplement after the FDA laboratory analysis found samples of the product contained undeclared sibutramine. ALR Industries posted on its website that there were only “trace amounts” of sibutramine found in Venom HYPERDRIVE 3.0, but the FDA tests showed that the dietary supplement had a significant amount of sibutramine per dosage unit.

This dietary supplement was sold throughout the country through distributors and retail stores. It was also sold in Canada, Poland, Sweden, Hungary, South Africa, the Netherlands, Australia, France and the United Kingdom. Venom HYPERDRIVE 3.0 was packaged in red plastic bottles that had 90 capsules each with the UPC# 094922534743.

The FDA has urged consumers to stop taking this product immediately and contact their health care provider if they have experienced any adverse side effects. Consumers can also contact ALR Industries at legal@alrindustries.com to receive additional information for returning the product and to ask any questions.

Three Large Pickups Perform Poorly in Crash Tests

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)7395 — Tue, 17 Feb 2009 08:00:00 EST

According to side crash test evaluations conducted by the Insurance Information Institute for Highway Safety, three large pickup trucks used by construction crews, farmers and business owners provide poor protection in side crashes.

Low ratings were given to the 2009 Chevrolet Silverado 1500, 2009 Dodge Ram 1500 and 2009 Nissan Titan in side crash tests. The results of these test evaluations were released on Wednesday, February 11, 2009 and can be found on the Institute’s website.

The Nissan Titan and Chevrolet Silverado received the lowest rating of “poor” when these vehicles were tested without optional side air bags. The Dodge Ram, equipped with standard side air bags, received the “marginal” rating, which is the second lowest score.

When the Nissan Titan and Chevrolet Silverado were tested with the optional safety equipment, the Titan improved its rating to “marginal” and the Silverado still received a poor rating. The Silverado’s ratings also applied to its twin vehicle, the GMC Sierra 1500.

"The size, weight, and height of these large pickups should help them ace the side tests just like the other large pickups we've tested. Not these three," says Institute senior vice president David Zuby. "They perform worse than many cars we've evaluated."

The Institute believes that the Silverado’s low ratings can be contributed to a combination of a poor side structure and a lack of side torso air bags.

"In the Silverado tests, there was a lot of intrusion into the occupant compartment. With no torso airbags to protect the driver and rear passenger, measures recorded on the test dummies showed that rib fractures and internal organ injuries would be likely in a real-world crash of similar severity. Chevy needs to improve the Silverado's side structure, as well as add padding or torso airbags to better protect its occupants," said Zuby.

Florida Attorney General Files Judgment Against Bayer Corp.

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)7336 — Wed, 11 Feb 2009 08:00:00 EST

Attorney General Bill McCollum filed a stipulated supplemental judgment against Bayer Corporation, which will add new requirements to a 2007 judgment concerning its product advertising. The judgment was filed on Monday, February, 9, 2009.

The 2007 agreement had to do with alleged deceptive advertising of Bayer’s products, including the failure to disclose safety risks associated with its marketing of Baycol. Monday’s judgment addressed allegations that Bayer’s 2008 marketing campaign of the birth control pill Yaz violated the earlier agreement.

“This case is a strong example of federal/state collaboration against unlawful marketing of prescription drugs. By combining our state enforcement authority with the FDA’s technical expertise, we have achieved an excellent result that ensures future advertisements will be lawful,” said Attorney General McCollum.

Based on the judgment, Bayer will be required to submit proposed television ads for Yaz to the Food and Drug Administration (FDA) for approval before the commercials air. The pharmaceutical company will also be required to comply with all regulatory comments the FDA makes regarding the advertising. In addition, Bayer will have to clearly disclose the medical conditions and symptoms that the FDA has approved for Yaz. Bayer will be performing a $20 million corrective advertising campaign to remedy misinformation from the misleading Yaz advertisements.

“This is a great example of collaboration between the FDA and state Attorneys General. By working together, we can achieve excellent results and double our efforts to clean up misleading advertising in the marketplace. This significantly benefits the public by ensuring that consumers are not misled about information relating to their health,” said Tom Abrams, director of the FDA’s Division of Drug Marketing, Advertising, and Communications.

A total of 27 states participated in the action against Bayer.

FDA Advisory Panel Recommends Ban on Prescription Drug Darvon

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)7261 — Tue, 03 Feb 2009 08:00:00 EST

A Food and Drug Administration (FDA) advisory panel voted 14-12 to recommend withdrawing Darvon, a prescription drug used to treat pain for more than 50 years. Darvon has been linked to such problems as addiction and suicide. The decision followed a daylong hearing that analyzed the risks and benefits of the medication. The FDA is not required to follow the panel’s recommendation, although the agency usually does.

Darvon was initially approved in 1957 at a time when there were very few alternatives to treat pain, except aspirin and powerful narcotics. The medication is mainly marketed as Darvocet and is one of the top 25 most commonly prescribed drugs. In 2007, more than 20 million prescriptions were written.

Public Citizen, a consumer group, petitioned the FDA to ban Darvon because the medication offers fairly weak pain relief and has a risk of overdose. The group also argued that Darvon has the potential to be used in suicides.

“With a drug that has almost no evidence of benefit, any risk is unacceptable. Hopefully the FDA will follow the vote of its advisers,” said Dr. Sidney Wolfe, a drug safety expert with Public Citizen who first pursued a ban in the 1970s.

According to two companies that market the drug, Darvon is safe and effective when used as directed.

Darvocet is the widely used combination drug of Darvon and acetaminophen. Most studies have shown that the Darvon component appears to contribute “little or no” additional pain relief beyond that provided by the acetaminophen component. An analysis prepared for the hearing stated that Darvon is a weak pain reliever.

Other actions may be taken if the FDA decides not to ban the drug, including requiring stiffer warnings, safety studies or special education efforts designed for doctors and patients.

Stork Craft Cribs Recalled After Defect Found

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)7148 — Tue, 27 Jan 2009 08:00:00 EST

According to a press release from the U.S. Consumer Product Safety Commission, approximately 535,000 Stork Craft cribs are being recalled. Stork Craft Manufacturing Inc., of British Columbia, Canada, has cooperated with the U.S. Consumer Product Safety Commission in announcing the voluntary recall.

There have been 10 incidents reported of problems with the metal support brackets located on the crib. In all 10 cases, the mattress support brackets broke and in several incidents, the mattress collapsed, which created a dangerous gap between the mattress and crib rails. There was one report of a toddler who received bruises on his forehead as a result of the broken brackets. Another report involved a child who became entrapped in the gap between the mattress and the drop side rail.

Based on these reports, there is a risk of the metal support brackets on the Stork Craft cribs used to support the crib mattress and mattress board breaking or cracking. If one or more of the support brackets break, the mattress can collapse and create a gap between the mattress and crib rails, which could cause a young child to become entrapped and suffocate.

The cribs included in the recall have manufacturing and distribution dates between May 2000 and November 2008. The manufacture date, model number, crib name, country of origin and the firm’s name, address and contact information can be found on the assembly instruction sheet attached to the mattress support board. The company’s insignia “storkcraft baby” is inscribed on the drop side teething rail of some cribs. These cribs came in various styles and finishes.

The cribs were sold by major retailers, including J.C. Penney, Kmart and Walmart, as well as online at Amazon.com, Babiesrus.com, Costco.com, Sears.com and Walmart.com from May 2000 through January 2009 for between $100 and $400.

Parents and caregivers are urged to stop using the recalled cribs. Consumers can contact the manufacturer for a free replacement kit at (866) 361-3321.

Patients at VA Health Centers Exposed to Incorrect Drug Doses

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)7119 — Mon, 26 Jan 2009 08:00:00 EST

Software glitches put the medical care of patients at VA health centers across the country at risk. The top Republican on the House Veterans Affairs Committee has demanded an explanation from the VA.

“I am deeply concerned about the consequences on patient care that could have resulted from this 'software glitch' and that mistakes were not disclosed to patients who were directly affected. I have asked VA for a forensic analysis of all pertinent records to determine if any veterans were harmed, and I would like to know who was responsible for the testing and authorized the release of the new application." said Rep. Steve Buyer, R-Ind.

According to internal documents obtained by The Associated Press under the Freedom of Information Act, patients at VA health centers had needed treatments delayed, were given incorrect doses of drugs and may have been exposed to other medical errors due to the glitches that showed faulty displays of their electronic health records.

The glitches are believed to have begun in August and lingered until December. These software glitches were not disclosed to patients by the VA, despite the fact that the errors sometimes involved prolonged infusion for drugs, such as heparin, a blood-thinning medication. If given in excessive doses, heparin can be life-threatening.

Veterans groups have criticized the VA, saying that the agency’s secrecy created a false sense of security.

The VA says that it is continuing to review the situation, but there is currently no evidence of any patients being harmed. These software glitches have raised some concern as the federal government begins promoting universal use of electronic medical records. President Barack Obama has made it a top priority, which is included as part of an additional $50 billion a year in spending for health information technology programs that he has proposed.

Eli Lilly to Pay $1.42 Billion Settlement

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)7039 — Tue, 20 Jan 2009 08:00:00 EST

Eli Lilly and Co. has agreed to pay $1.42 billion after pleading guilty to a misdemeanor charge of introducing misbranded drugs into interstate commerce.

The drug manufacturer taught its sales force a catchy slogan to help them sell the antipsychotic drug Zyprexa. The drug was designed to help treat elderly patients who have dementia. Salespeople from Lilly would tell health care providers that 5 milligrams of Zyprexa at 5:00 PM – “5 at 5” – would help their patients suffering from dementia sleep. The problem with this advertisement is that regulators had not approved selling the drug for dementia patients. According to federal prosecutors, marketing Zyprexa like that led to a record $1.42 billion settlement.

Lilly, which is based in Indianapolis, agreed to plead guilty to the misdemeanor charge and pay $615 million to resolve the criminal case. The company also agreed to pay approximately $800 million to resolve a civil case. According to a statement, Lilly admits no wrongdoing in that case.

Zyprexa is Lilly’s top-selling product, which generates more than $4 billion in revenue each year. The U.S. Food and Drug Administration has approved marketing Zyprexa as a treatment for schizophrenia and bipolar disorder.

Court documents show that Lilly’s sales force also marketed the drug as a way to treat generalized sleep disorder, aggression, Alzheimer’s-related dementia and depression.

In addition to the $1.42 billion settlement, Lilly also has spent about $1.2 billion to resolve 32,000 claims related to Zyprexa product liability. Approximately 125 cases are still pending.

A group of insurance companies, unions and others are suing Lilly for billions of dollars, alleging Lilly violated marketing laws and overcharged for Zyprexa.

Lilly announced in October it would put aside the $1.42 billion it agreed to pay for the settlement and take that amount as a charge in its third-quarter earnings report, which led to its first quarterly loss in three years.

Experimental Vaccine May Prevent Prostate Cancer

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)4625 — Thu, 15 Jan 2009 08:00:00 EST

Scientists at the University of Southern California are experimenting with a new vaccine that may be able to provide long-term protection against prostate cancer. Current testing on lab mice finds that mice genetically predisposed to the disease can recieve life-long protection if they are vaccinated shortly after birth.

The vaccine works by stimulating an immune response against the prostate stem cell antigen, which is overly expressed in prostate cancer. During studies, mice who were 8 weeks old and already showing cancer lesions were injected. By their first birthday, 90% of the injected mice were still alive while all of the control mice had either died or developed large tumors.

Four Get Cancer From Donated Organs

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)4623 — Thu, 15 Jan 2009 08:00:00 EST

When 15 year old Alex Koehne died, it was believed that his death was caused by bacterial meningitis. However, the autopsy revealed that the death was actually attributed to a rare form of lymphoma.

This revelation would be rather unremarkable, except for the fact that Alex Koehne was an organ donor. His kidneys, liver, and pancreas were all harvested and implanted into waiting patients. Since that time, two of the patients have died from cancer. The other two are currently in chemotherapy.

Koehne suffered from a rare form of non-Hodgkin's lymphoma, a blood cancer found in fewer than 1,500 patients in the U.S. each year. The lymphoma had spread to the donated organs and subsequently infected the donees.

The transplants were carried out at Stony Brook, NYU Medical Center, and the University of Minnesota. Experts believe that the case is so rare that it would have been difficult to predict this result, however the hospitals are reconsidering their transplant policies.

Study: Heart Bypass Better than Stents

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)4088 — Thu, 15 Jan 2009 08:00:00 EST

Research Report Shows that Some Hospital Care is Lacking

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)6357 — Thu, 15 Jan 2009 08:00:00 EST

Researchers have reported that although most patients are generally satisfied with their hospital care, many hospitals have fallen short in relatively low-tech areas, including pain control and communication.

The authors of the report analyzed and collected data by the federal government in an ongoing survey of patients at all hospitals that receive Medicare payments. Responses to the survey included communication with doctors, with nurses about medications and quality of nursing services, discharge information and pain management.

Lead author Ashish Jha, assistant professor of health policy at the Harvard School of Public Health, was quoted as saying, “These data really represent a sea of change. We’ve been talking about (health care) quality for 20 years, but patients’ experiences have not been part of the discussion.”

Overall, 63 percent of respondents to the survey rated hospital care a 9 or 10 on a scale of zero to 10, according to the authors who wrote in the New England Journal of Medicine. Another 26 percent surveyed gave hospital care a rating of 7 or 8. However, almost a third of the patients did not give pain control a high rating and about 20 percent did not give a high rating for discharge instructions.

Anne-Marie Audet of the Commonwealth Fund, which funded the study, said that when one looks closely at the data, it can be recognized that no one is doing that great. Jha said that “we spend $2.1 trillion on health care. That stuff should be happening 95 percent to 100 percent of the time.”

Researchers found that the better a hospital was rated on standard measures of quality of care, the higher their patient ratings. A high ratio of nurses to patients was also linked to a greater satisfaction among patients.

Hospitals were not required to submit their results during the survey’s first year. Out of the 4,000 U.S. hospitals, approximately 40 percent did not send in their results.

AHRQ Study - 1 Out Of 10 Surgery Patients Who Died Did So Because Of Preventable Errors

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)5651 — Thu, 15 Jan 2009 08:00:00 EST

A recent study by the Agency for Healthcare Research and Quality (AHRQ), published in the July 28 issue of the journal Health Services Research, found that 1 out of every 10 patients who died within 90 days of surgery did so because of a preventable error. The study also revealed that one-third of the deaths occurred after the initial hospital discharge.

The study reviewed a nationwide sample of more than 161,000 patients ages 18 to 64 in employer-based health plans who underwent surgery between 2001 and 2002. Researchers used AHRQ’s Patient Safety Indicators to recognize the medical errors.

According to the AHRQ study, preventable medical mistakes that occur during or after surgery may cost employers almost $1.5 billion a year. AHRQ Director Carolyn M. Clancy, M.D. stated that “like the physical and emotional harm caused by medical errors, the financial consequences don’t stop at the hospital door. Eliminating medical errors and their after affects must continue to be top priority for our health care system.”

Man Injured After His Scooter Was Hit By SUV

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)6961 — Mon, 12 Jan 2009 08:00:00 EST

A man was hit by an SUV while riding his Mobility Express power scooter on southbound U.S. 27 in front of Lakeshore Mall. He was transported by Highlands County Emergency Medical Services to Florida Hospital Heartland for treatment for his injuries.

Ernest Blogett, an 85-year-old man from Sebring, was in his scooter heading northbound in the southbound lane on Friday, said Trooper Dick Miller. Blogett was conscious when he was lifted into the ambulance to be taken to the hospital.

The crash is still under investigation and no charges have been filed at this time.

Disiree Alabe, a 36-year-old woman from Sebring, was driving a 2001 Nissan Pathfinder when she hit Blogett. According to one of Alabe’s friends, she was meeting with some friends at the mall and they were all going for lunch. She pulled her vehicle out from the southernmost mall exit after stopping at the stop sign at U.S. 27 South. Alabe said she just did not see Blogett, as his scooter was lower than her eyesight in her SUV.

Alabe said that she looked left waiting for oncoming traffic and slowly moved forward as she waited for an opening to pull onto U.S. 27. She inched forward again. Alabe said that she looked left then right and started to move toward the road when she struck Blogett’s three-wheeler scooter.

After the accident, Alabe waited in front of the Alan Jay Cadillac dealership for troopers to take her information.

She was not injured in the collision and her Nissan Pathfinder sustained some damage to the bumper. However, the power scooter was damaged in the accident.

Family of Driver Killed in Florida Crash Finally Notified

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)6884 — Mon, 05 Jan 2009 08:00:00 EST

It took nearly two days to locate the next of kin of a 56-year-old woman killed on Dale Mabry Highway. She was rear-ended at approximately 10:00 PM on New Year’s Eve.

According to state law, investigators are not allowed to publicly identify a crash victim until his or her family has been notified. Certain circumstances do allow a victim’s name to be released without notification, such as a situation where a family is living out of the country and exhaustive efforts have been made.

Troopers with the California Highway Patrol knocked on every door in an apartment complex until they found Chang Lee’s brother. According to the Florida Highway Patrol, authorities had not been able to locate an apartment number for him.

Highway Patrol Sgt. Steve Gaskins has urged motorists to use the state’s free “emergency contact enrollment program,” which is available online and through the Department of Highway Safety and Motor Vehicles.

The Florida program was created in 2006 through efforts made by State Representative Bill Galvano R-Bradenton and a Manatee County woman, Christine Olson. Olson founded To Inform Families First following the deaths of her daughter and her daughter’s friend who were killed in a motorcycle accident in 2005. It took approximately 6 hours to locate Olson after the crash because of a lack of contact information.

The “emergency contact enrollment program” stores up to three phone numbers and two addresses for each licensed Florida driver in the Driver and Vehicle Information Database, which is a secure system accessed by law enforcement.

As of April 2008, more than 1 million Florida motorists have registered emergency contacts in the program. However, many people still do not know about the program.

Emergency contacts can be registered at https://www6.hsmv.state.fl.us/dlcheck/findcustomer or in person at any Department of Highway Safety and Motor Vehicles location.

Wrongful Death Claim Against Town Center Mall

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)6782 — Tue, 23 Dec 2008 08:00:00 EST

A wrongful death lawsuit against Town Center mall has been expanded to include numerous property owners in connection with the death of Nancy Bochicchio and her daughter.

According to the wrongful death lawsuit filed in January on behalf of JoAnn Bruno, Bochicchio’s sister, the mall owner Simon Property Group and other property owners were notified that there were security issues at the mall. The property owners failed to take appropriate measures to protect its patrons, according to the lawsuit. Bochicchio was found tied up and shot dead in her SUV in the parking lot of the mall with her 7-year-old daughter, Joey, on December 12, 2007.

The lawsuit was expanded to include Sears Roebuck and Co., Bloomingdale’s Boca Raton Real Estate Inc., Burdine’s Real Estate Inc. and individual trustees Hans C. Mautner, Michael L. Johnson, G. Martin Fell, J. Michael Maloney and Mark S. Ticotin.

The lawyers representing the property owners could not be reached for comment, despite numerous attempts by telephone.

David Shiner, who is representing Bruno, said that if he wins the wrongful death lawsuit, it will “vindicate” the two lives that were tragically taken.

Shiner was quoted in an article as saying, "At the end of the day, there's a thing called accountability. When all is said and done, the mall and property owners have a responsibility and accountability to the community and to the people that patronize their business."

Now more than a year after the two murders, police still have not apprehended a suspect. The case is considered one of the most notorious unsolved murder cases in South Florida in history. The investigation into these two deaths has reached a crossroad.

Police have pursed approximately 1,600 of the leads in the case. Advanced forensic testing has cost police $15,000 and the $350,000 reward still has not been claimed. There was a news conference on December 4 to create interest into the case. However, it produced no significant new tips. Police still have no suspects, but instead have a lot of frustration.

Mistrial in Wrongful Death Lawsuit Against Philip Morris

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)6731 — Fri, 19 Dec 2008 08:00:00 EST

A landmark tobacco case against cigarette maker, Philip Morris, has been declared a mistrial by a Broward Circuit Court judge. A Cooper City widow was suing Philip Morris on a wrongful-death claim.

A racist term was used by an expert witness on the second day of trial, while he was explaining his research into a project about racism in the tobacco industry, said the widow’s attorney Gary Paige.

Elaine Hess is the widow of Stuart Hess and had initiated the wrongful-death claim. Stuart Hess had died of lung cancer caused by smoking for four decades. He was 55 when he died in 1997.

Hess’s case came before Judge Jeffrey Streitfeld and was the first to go to trial out of thousands filed in Florida. Approximately 122 of those cases are in Broward County and 165 cases are on the docket in Palm Beach County.

These cases come after a Miami-Dade County class action lawsuit from the 1990s, where there was a $145 billion punitive damage award against the tobacco industry. The award was later dismissed on appeal, but it did establish that cigarettes cause cancer and that the tobacco industry hid evidence of the product’s addictive nature and health risks.

Robert Proctor, a professor of history of science at Stanford University, had used the N-word when he was explaining the research into the topic, which triggered the mistrial. According to Paige, the explanation cannot be done without using that word.

"He mentioned it within context of his research project. But the judge felt that the context the jury heard it within was prejudicial ... that the jury was hearing about racism by the tobacco industry," said Paige.

A spokesman for Altria, the parent company of Philip Morris, stated that the mistrial was appropriate and they believe the judge did what was required by law under the circumstances.

Four Vehicle Collision Injures Five People

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)6627 — Thu, 11 Dec 2008 08:00:00 EST

A chain reaction crash of four vehicles injures five people, two of which were flown by a medical helicopter to the hospital.

Last week in Bradenton, an accident occurred south of the intersection of Manatee Avenue and 75th Street West, which injured five people. Two of the injured people were flown to the hospital by emergency helicopter.

The accident took place the evening of Wednesday, December, 3, 2008. Four vehicles were involved in several collisions that occurred at 5:20 PM on 75th West, according to a report by the Florida Highway Patrol. The damaged vehicles remained in the intersection and blocked traffic for hours.

Two of the accident victims were rushed to hospitals by ambulances and a medical helicopter landed nearby to airlift two other people to Bayfront Medical Center in St. Petersburg.

The accident occurred when a 21-year-old Bradenton man was driving a grey Bronco, heading north on 75th. His SUV collided with a Jeep driven by a 61-year-old woman, said Lt. Chris Miller. The driver of the Jeep was not injured in the crash.

After hitting the Jeep, the Bronco swerved into oncoming traffic, striking two more vehicles.

A Ford Mustang, driven by a 42-year-old Bradenton woman clipped the Bronco. Her vehicle then came to rest in a front yard. A passenger in the Mustang was treated for injuries at Blake Medical Center.

The Bronco continued traveling into oncoming traffic and hit a PT Cruiser head on. The driver was a 21-year-old woman from Bradenton who was taken to Manatee Memorial Hospital to receive treatment for her injuries. Two passengers from the PT Cruiser were flown to Bayfront Medical Center. The driver of the Bronco was taken to Blake Medical Center.

Two Women Killed in Rollover Accident

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)6579 — Sat, 06 Dec 2008 08:00:00 EST

A savings account has been established for the children of two women killed last Sunday in a Palm City car accident. The memorial service was held last Thursday for one of the victims.

Lynda Kruse, a 23-year-old Port St. Lucie resident, and Tiffany Russell, a 24-year-old officer with the Juno Beach Police Department, were fatally injured after their vehicle failed to negotiate a curve, swerved off Southwest Citrus Boulevard and rolled over. Neither woman was wearing a seatbelt. Consequently, they were both ejected from the vehicle, according to a report from Florida Highway Patrol.

The women killed in the accident left behind two children, a fiancée and boyfriend in law enforcement, as well as many other friends and colleagues who all had to cope with the tragic loss.

Shannon Andrews, a friend of both women, was responsible for setting up the savings account for the women’s children. Two separate accounts were established at SunTrust Bank for 2-year-old Hailey Troutman, Russell’s daughter and 4-month-old Landen, Kruse’s daughter. Donations to the savings account can be made in the names of the children or their fathers, Jeff Read and Chad Troutman, Russell’s longtime boyfriend who is a police officer with the city of Okeechobee.

Andrews and Russell became friends when she was studying to be a police officer at Indian River Community College with Andrews’ husband, who is on the Juno Police force. Andrews met Kruse through Kruse’s fiancée, Jeff Read, after he graduated from the same program. Both women were bridesmaids in Andrews’ wedding.

“I couldn’t imagine my wedding without them in it, and it’s going to be hard to look at my wedding photos,” Andrews said. She is a lead teller at the SunTrust Bank in the Sea Plum Center in Jupiter.

A memorial was organized for Russell by the Juno Police Department. Russell had worked at the department since August 2007. A memory wall on the bulletin board had also been set up at the Juno Police Department in Russell’s honor. Funeral arrangements for Kruse had not been finalized at the time the article was written.

The crash is still being investigated by Florida Highway Patrol.

Wrong Way Car Kills Two People

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)6561 — Fri, 05 Dec 2008 08:00:00 EST

A 1992 Oldsmobile was traveling the wrong way on State Road 50 between Clermont and Groveland when it collided with another vehicle. A Clermont woman was killed and her husband and sister were injured in the crash, according to Sgt. Jorge Delahoz of the Florida Highway Patrol.

The accident occurred at about 12:05 AM on Saturday, November 29, 2008. Heather Rogers, 19, was driving east on S.R. 50 near Max Hooks Road when her Chevrolet hit the Oldsmobile head-on, which was traveling westbound in the eastbound lanes.

Rogers and Nathan Lemos, the Oldsmobile driver, were pronounced dead at the scene of the crash, said Delahoz. Lemos was a 32-year-old man from Groveland.

Rogers’ husband, Aaron Rogers, 18, and her sister, Ashley Cage, 16, of Minneola, were both injured in the accident. They were flown to Orlando Regional Medical Center. Ashley is reported as being in critical, but stable condition and Rogers is in serious condition, according to Delahoz.

It is unclear whether alcohol was a factor in the crash and troopers are still waiting for the results from the medical examiner’s tests before making that determination. Lemos had been arrested in 2003 for driving under the influence, said Delahoz.

Lemos had been traveling the wrong way on S.R. 50 for a while before the crash, said the trooper. At the location where the accident occurred, S.R. 50 is four-lane, divided highway with a 36-foot-wide median.

“There is nothing that Heather did to contribute to the crash,” Delahoz said.

Heather Rogers’ and Ashley Cage’s parents were unreachable when reporters tried to contact them last Saturday.

Murder Victim's Relatives Threatened to File Wrongful Death Lawsuit

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)6467 — Tue, 25 Nov 2008 08:00:00 EST

The family members of Jessica Kalish have vowed to file a wrongful death lawsuit if a Palm Beach County probate court battle against the estate of her murderer stalls.

Adrian Thomas is the attorney representing the Kalish’s estate. He is looking to block the killer’s family from getting any portion of Kalish’s assets. According to the “Slayer Statute,” murderers and their estates are prohibited from inheriting from the murdered victims. It was created to stop killers from benefiting from their crimes, through life insurance policies, properties and other assets.

Thomas said that if he is not able to stop the killer’s family, he will file a wrongful death lawsuit against the estate of Carol Ann Burger, who stabbed Kalish 222 times with a screwdriver October 22 in the garage of their Boynton Beach home. Burger, 57, killed herself later.

Thomas was quoted as saying, “It's an attempt to cover all bases to try to really bring some type of fairness and justice to the victim's estate by not allowing the slayer's estate to benefit monetarily."

The case has become complicated because neither woman left a will. Kalish, 56, and Burger jointly owned their Boynton Beach house and now the killer is dead.

Lisa Hauser, the attorney representing Burger’s estate, said that it was still too early to comment on the threat of a wrongful death lawsuit or the “Slayer Statute.” She said that she did not want to comment until she sees what is filed. Hauser also said that Burger’s family feels terrible about what happened and they send their condolences.

According to the two attorneys, the proceedings have so far been amicable.

Douglas Kniskern, a probate attorney, commented that the type of deed that Kalish and Burger shared on their house meant that Burger would have inherited the entire house upon Kalish’s death. However, the “Slayer Statute” means that Burger’s estate will probably only get half of the house, at best.

Magician/Hand Model Sues Kmart & Martha Stewart for Fingertip Injury

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)6407 — Thu, 20 Nov 2008 08:00:00 EST

A lawsuit has recently been filed against Kmart Corp. and Martha Stewart Living that claims an injury was caused by a defective lounge chair. The man who initiated the lawsuit is a hand model, magician and actor and says that his livelihood has been impacted by this injury.

Patrick Albanese from Des Moines suburb of Clive, is suing Kmart and Martha Stewart Living for his injuries sustained from moving the Martha Stewart Everyday lounge chair on a deck in June. As Albanese attempted to move the lounge chair, the front tubular legs collapsed, crushing his right index finger between one of the chair legs and a tubular bar on the base of the chair. According to the details in the lawsuit, the fingertip fell beneath the deck and was later retrieved by a relative. A surgeon was able to re-attach it.

Albanese is seeking compensation for past and future medical expenses, physical and mental pain and suffering, permanent partial disfigurement and loss of earning capacity. His attorney, Guy Cook, said that even though the injury has not ended Albanese’s work as a hand model, it has impacted his career during his recovery. Cook said that the biggest impact on Albanese had to do with his work as a magician.

According to Cook, Albanese previously served as the master of ceremonies for Hollywood’s Magic Castle for 15 years. “He’s a very accomplished musician and as part of his work, he does various slight-of hand tricks,” said Cook. The injury has caused Albanese to lose some function in his fingertip, but he still has sensation. Albanese incorporates the banjo as part of his act, but his ability to play the instrument has been affected by his injury.

The lawsuit was filed in Polk County District Court in Iowa and alleges that Kmart and Martha Stewart Living were negligent in failing to inspect the lounge chair and issue a warning that it is defective. Also, the lawsuit claims that the lounge chair was improperly designed and not sellable because it was defective.

U.S. Supreme Court to Rule on Case against Drug Company

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)6279 — Mon, 10 Nov 2008 08:00:00 EST

A case is currently before the U.S. Supreme Court, which could affect future lawsuits against drug companies.

Musician Diana Levine could not have imagined that here trip to the health clinic would ultimately end in the loss of her arm and music career. Levine went to the health clinic for relief from a migraine.

Levine visited a clinic near her home in Marshfield, Virginia in April 2000, where she was given pain medicine and another drug, manufactured by Wyeth, for nausea. The physician’s assistant who administered the drug, Phenergan, mistakenly injected it into an artery instead of a vein as instructed by the drug’s label. The drug had a warning that injecting the medicine into an artery could cause irreversible gangrene. Levine’s arm eventually had to be amputated.

Levine filed a lawsuit against the clinic and the physician’s assistant for medical malpractice and reached a settlement outside of court. In 2004, she was awarded $6.7 million from Wyeth by a Vermont jury who found that the drug’s label offered insufficient warning about the danger of that injection method compared with two other, safer ways to administer the drug. The jury’s verdict was upheld in 2006 by the Vermont Supreme Court.

Wyeth was expected to argue before the U.S. Supreme Court that the state ruling should be overturned. The central issue is whether patients should be able to sue drug manufacturers under state laws if the U.S. Food and Drug Administration (FDA) has approved the drug and the risks had been fully disclosed.

The outcome of Levine’s case against Wyeth could affect thousands of potential lawsuits by consumers against drug manufacturers each year. The majority of states allow lawsuits if companies fail to warn consumers about products’ hazards that are not obvious. The U.S. Supreme Court will have to decide if FDA-approved warning labels on drugs offer protection to drug companies.

FDA Opposed Drug Suit Policy

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)6218 — Mon, 03 Nov 2008 08:00:00 EST

Last Wednesday, top scientists and career employees at the Food and Drug Administration (FDA) opposed agency regulations that weaken consumers’ ability to file lawsuits against drug manufacturers.

The disputed issue has to do with language in a drug-labeling rule from 2006, which puts restrictions on when someone can sue in state court over injury claims involving medications. According to the FDA’s position, federal regulations take precedent over state law when there is a conflict, which is known as preemption.

A report released by Rep. Henry Waxman, chairman of the House Oversight and Government Reform Committee, internal agency documents revealed that career officials criticized this approach. Previously, the FDA had viewed private lawsuits as extra security against unsafe drugs, according to the report.

Dr. John Jenkins, who oversees FDA's new drug reviews, was quoted in the report as saying, "Much of the argument for why we are proposing to invoke preemption seems to be based on a false assumption that the FDA approved labeling is fully accurate and up-to-date in a real time basis. We know that such an assumption is false."

The report showed that the FDA has not given a complete set of documents that would reveal important communications between the White House and the agency. However, some of the documents alluded that the FDA and the White House would not move ahead with a rule on drug labeling until the preemption changes were included.

Over the years, patients have successfully sued drug manufacturers for failing to provide adequate warnings against certain dangers. Currently, there is a case being heard by the U.S. Supreme Court against the drug manufacturer, Wyeth. The plaintiff claims that she lost her right arm below the elbow after she was injected with the drug, Phenergan.

In the FDA’s 2006 and 2008 rule, the agency stated that lawsuits could encourage drug manufacturers to propose unnecessary labeling. This type of labeling could cause scientifically unsubstantiated warnings and could result in less use of helpful treatments.

Scientists and Physicians Request Warning for Energy Drinks

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)6121 — Mon, 27 Oct 2008 08:00:00 EST

A letter has been sent to the U.S. Food and Drug Administration (FDA), which has been signed by one hundred scientists and physicians. The letter calls for more regulation of increasingly popular energy drinks because of the high content of caffeine, which places young drinkers at risk of caffeine intoxication and higher rates of alcohol-related injuries.

Roland Griffiths, a neuroscientist at Johns Hopkins School of Medicine in Baltimore, wrote the letter that was sent to the FDA. The letter requested that the FDA require the drinks’ caffeine content to be listed on the can, to establish a limit on the amount of stimulant allowed in the energy drinks and to require warning labels.

According to Packaged Facts, the U.S. market for energy drinks was estimated at $5.4 billion in 2006 and is growing by 55 percent each year. The United States is the world’s largest consumer by volume of energy drinks, which accounted for approximately 290 gallons in 2007, according to Zenith International, a British consulting group. Americans consume 3.8 quarts per person per year.

Red Bull, the top-selling energy drink in the United States, has 80 milligrams of caffeine per 8.3 ounce can, which is equivalent to drinking one cup of coffee. Spokeswoman Patrice Radden said that the amount is well below the 400 milligrams per day caffeine limit at which, “the general population is not at risk from potential adverse effects from caffeine,” according to health authorities around the world.

Energy drinks are marketed to young men as performance enhancers, as ads and promotions are frequently tied to extreme sports. The market for energy drinks in the United States began in 1997 with the introduction of Red Bull, but it has grown exponentially.

Energy drinks are advertised as a way to increase endurance, reaction time and concentration. Some of the energy drinks on the market include Red Bull, Full Throttle, AMP Energy and No Fear.

Five Killed in Car Crash off Florida's Turnpike

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)6064 — Tue, 21 Oct 2008 08:00:00 EST

A deadly car accident took place on Friday, October 17, 2008 off Florida’s Turnpike. The group of eight was traveling from Orlando to Fort Lauderdale for a religious event, when the left rear tire blew.

Moline Etienne, the driver of the 2000 Ford Expedition, lost control of the vehicle near the Lake Worth service plaza. The tire’s rim dug into the asphalt, causing the SUV to roll over the cable barrier into a 15-foot-deep canal, where it came to rest upside down.

Authorities have stated that alcohol was not a factor in the fatal crash. It is unclear what caused the tire to blow.

Five of the eight occupants in the vehicle were killed, including three children. Those fatally injured in the crash included Malesha Louis, 5, Roodandray Louis, 3 and Natayel Meyer, 10. The driver was also killed along with the passenger, Shelly Peters, 30. Among those killed in the accident, only the driver was wearing a seatbelt.

There were three survivors of the devastating crash and two are still in Delray Medical Hospital. The most recent update indicated that Enichka Maurice, 15, improved to fair condition and Shadrack Gustave, 6, is still listed in serious condition. Gina Merceron, 41, who is the owner of the Ford Expedition, was treated and released on Saturday.

Merceron walked away from the accident with only a swollen eye. She told her sons that Jesus protected her during the ordeal. Merceron had been submerged in the car until rescuers arrived at the scene.

When rescue workers arrived, they found one of the children crying in a ditch. The rescue team, which included divers, searched the road shoulder and canal for additional victims, before suspending the search until the morning.

Cable barriers had been installed along certain areas of the turnpike in 2007 to prevent such accidents as the one that occurred last Friday. The canal protection program cost $71 million and was the result of a 2004 accident that killed three boys riding in a church bus that veered off the road into a canal near the Glades Road exit.

Central Florida Coach Criticized for Being too Harsh on Players

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)5997 — Tue, 14 Oct 2008 08:00:00 EST

George O’Leary, a coach at the University of Central Florida, recently described his coaching style as “tough, but fair.” The UCF coach has won numerous football games and received coaching awards during his 40-year career. However, there are many football players that claim he pushed them too hard.

Former UCF defensive end DaQuwan McNealy is among the football players who feel they were pushed too hard. He said that his football career came to an end when O’Leary forced him to do reps on a leg-press machine. McNealy had never pressed so much weight before, but O’Leary told him to do it anyway. McNealy attempted to push the weight, but ended up passing out. The weight crashed down and pushed McNealy’s knees into his chest. Witnesses said that he turned blue and they could hear the air get knocked out of him.

McNealy spent the next four days at a hospital where he was diagnosed with high blood pressure, a leaking heart valve and vasovagal syncope, a condition that causes fainting.

O’Leary is now facing the fallout from the death of freshman wide receiver Ereck Plancher. Plancher collapsed and died after a strength-and-conditioning workout on March 18, 2008. Plancher’s parents have told state and school officials they intend to file a wrongful-death suit against the university.

In a letter published in the Orlando Sentinel on July 27th, O’Leary wrote, “Nothing in my 40 years of coaching experience prepared me for the emotions of that day.”

McNealy no longer attends college and cannot play football. He said that several former teammates called and told him of Plancher’s collapse and its similarity to McNealy’s ordeal. Plancher had collapsed and died after a workout that included 75 minutes of weightlifting, 10 minutes of stretching, 20 minutes of agility drills and two sprints.

Four football players who were there at the time of Plancher’s death said that he was squinting as if he was being blinded by the sun and was making a low moaning noise as he breathed. Plancher fell during the final sprints and O’Leary said he saw him get up.

The four players said that O’Leary criticized Plancher. Later, Plancher fell to one knee and drifted out of consciousness.

Florida Man Charged in Hit-and-Run Accident

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)5961 — Fri, 10 Oct 2008 08:00:00 EST

Last week, Mickey Bearden was not sure if he hit something with his motor vehicle while he was driving along St. Joe Road. Bearden, a 24-year old man, didn’t bother to stop, according to a Florida Highway Patrol report.

Bearden had actually hit a pedestrian, Michael Weiss, a 41-year old man from Dade City. Records indicated that Weiss was seriously injured and was transported to Tampa General Hospital after being hit by Bearden’s 2009 two-door Toyota near 23rd Street.

After Bearden left the scene of the accident involving Weiss, he was arrested at a gas station near 21st Street, which was stated in records. Beardon was charged with leaving the scene of a crash with injuries, but more charges may arise after toxicology tests are completed, according the Florida Highway Patrol.

It turns out that Bearden, who is also from Dade City, was wanted as a fugitive from justice in Fulton County, Georgia, where he was charged with possession of methamphetamine, marijuana and other drugs, records stated. Bearden was being held without bail at the Land O’Lakes jail.

Thousands of pedestrians are injured every year by motor vehicles in Florida. A recent traffic crash statistics report by the Florida Highway Safety and Motor Vehicles division showed that 7,754 pedestrians were injured and 546 were killed in just one year alone. Injuries resulting from pedestrian accidents are generally severe as the pedestrian has no protection when hit by a car, truck, SUV or van. In 2007, the total number of people injured in auto accidents declined, except in pedestrian and motorcyclist accidents.

13 Booster Seats Receive Poor Ratings Due to Seat Belt Problems

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)5876 — Wed, 01 Oct 2008 08:00:00 EST

According to a review by the insurance industry and researchers, several car booster seats do a poor job of positioning children to fit in their seat belts. Research was conducted by the Virginia-based Insurance Institute for Highway Safety and the University of Michigan Transportation Research Institute. It was found that 13 booster seats do not put children in the best position to be protected in a crash.

Booster seats are designed for children ages 4 to 8. The seat belt is supposed to go across a child’s lower hips and mid-shoulders, instead of the abdomen to avoid injuries to the liver and spleen. The government recommends that booster seats are used for children over 40 pounds until they are 8 years old or 4 feet 9 inches tall. All children should ride in the back seat until they are 13 years old.

Based on the research, the Institute does not recommend the following booster seats:
• Compass B505
• Compass B510
• Cosco/Dorel Traveler
• Evenflo Big Kid Confidence
• Safety Angel Ride Ryte
• Cosco/Dorel Alpha Omega
• Cosco/Dorel (Eddie Bauer) Summit
• Cosco Highback Booster
• Dorel/Safety 1st (Eddie Bauer) Prospect
• Evenflo Chase Comfort Touch
• Evenflo Generations
• Graco CarGo Zephyr
• Safety 1st/Dorel Intera

IIHS President Adrian Lund commented that the 13 booster seats “may increase restraint use by making children comfortable, but they don’t position belts for optimal protection.” Evenflo said that the IIHS study was misleading and that it conducts its own extensive tests of the booster seats. Graco Children’s Products also issued a statement that safety is its top priority and that it values the importance of the well-being of children.

This study was the first time the Institute issued evaluations of booster seats. Crash protection was not reviewed because the seats simply elevate children so lap and shoulder belts are in the proper position to restrain them.

Florida Man Killed in Motorcycle Crash

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)5763 — Mon, 22 Sep 2008 08:00:00 EST

A 51-year-old man was killed in a motorcycle crash last week on County Road 225, according to the Florida Highway Patrol.

John Anderson was riding west on the highway when he lost control of his Big Dog brand motorcycle and crashed in the north shoulder. It is unknown what caused him to lose control. He was wearing a helmet at the time of the crash.

Driver Charged with DUI Manslaughter

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)5705 — Tue, 16 Sep 2008 08:00:00 EST

The driver who struck another vehicle while she was going the wrong way on the Selmon Crosstown Expressway was arrested on four charges, including drunken-driving manslaughter. A young mother was killed as a result of the accident.

Cheryl Maria Riemann was arrested at Tampa General Hospital and taken straight to the Orient Road Jail. Riemann’s charges include vehicular homicide, DUI manslaughter, DUI involving serious injury and reckless driving.

Tests that were conducted after the accident showed that Riemann’s blood alcohol level was 0.244, which is approximately three times the legal limit. Troopers found video footage of Riemann running over traffic cones at the Crosstown’s 78th Street toll plaza before she traveled the wrong way on the highway. Witnesses saw Riemann driving the wrong way in her Honda Pilot on the lower deck of the Crosstown about a half-mile east of the 78th Street toll plaza. When she reached the Palm River Road overpass, Riemann hit Jennifer O’Boyle’s 1998 Pontiac.

O’Boyle died at the scene. Her 4-year-old daughter, Summer Moll, was transported to the hospital with a shattered leg and swelling in her brain.

Records indicate that Riemann was found guilty of a number of traffic violations recently, including driving without a license in 2005.

Seven Big Retailers Agree to Stop Selling Simplicity Bassinets

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)5635 — Sat, 06 Sep 2008 08:00:00 EST

The U.S. Consumer Product Safety Commission (CPSC) has urged parents and caregivers to stop using Simplicity brand bassinets after two infants died from strangulation. The products are being sold by the company, SFCA Inc., which purchased the assets of Simplicity Inc. in April after Simplicity went out of business. Due to SFCA’s lack of cooperation, the CPSC has not recalled the products. SFCA claims that it is not responsible for products previously made by Simplicity.

Seven big retailers, including Wal-Mart Stores Inc., Toys “R” Us Inc., Kmart Corp., Big Lots Inc., Target Corp., J.C. Penney Co. and Amazon.com Inc., all agreed to stop selling the bassinets. Toys “R” Us had been selling 66 models affected by the warning, but stopped sales. These retailers also agreed to bear the expense of providing a refund or store credit to consumers who return a product to the store where it was bought.

There is still a dispute between the CPSC and SFCA about who should cover the costs of a recall affecting almost 900,000 convertible bassinets. The CPSC is requesting access to all of SFCA’s financial records to help determine the terms of the asset purchase and SFCA’s liability.

Fatal Crash on Florida Turnpike

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)5625 — Fri, 05 Sep 2008 08:00:00 EST

A crash near Wildwood resulted in the death of Thomas Dasher from Citrus County. Troopers said that the 18-year old man lost control of his pickup on the Florida Turnpike. The accident slowed traffic on the turnpike for several hours.

Dasher was traveling in the right, northbound lane when his vehicle drifted into the left lane. The driver nearly sideswiped another vehicle, but when he over-corrected, he caused his pickup to rollover. His pickup consequently slammed into the guardrail. The man was not wearing his seat belt and was ejected from his pickup. He was pronounced dead on the scene.

Possible Wrongful Death Lawsuit Against UCF

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)5532 — Mon, 25 Aug 2008 08:00:00 EST

The parents of University of Central Florida freshman football player, Ereck Plancher, plan to file a wrongful death lawsuit against the university. Plancher died during a routine conditioning drill in March. An autopsy report showed that Plancher’s body shut down due to grueling physical activity.

A letter by the family’s attorney was sent to the UCF Board of Trustees and to Alex Sink, the chief financial officer of the Florida Department of Financial Services. The letter stated the family’s position on the death of their son and intentions to file a lawsuit. According to the letter, Plancher was participating in a work out, which involved weight lifting, conditioning and agility drills. Plancher became over-exerted, collapsed and died. During his participation in the football drills, Plancher experienced exhaustion, dizziness, shortness of breath and other signs of extreme fatigue. These signs were ignored by trainers and/or coaches.

The letter goes on to say that “as a direct and proximate result of the University of Central Florida's negligence, Ereck Plancher collapsed and died. Please be advised that Enock Plancher, as personal representative of the Estate of Ereck Plancher, intends to pursue all claims and damages entitled to the survivors and the Estate pursuant to the Florida Wrongful Death Act."

At this point, the university has not denied or confirmed negligence regarding the death, which prevents the family from filing the lawsuit. Under Florida law, the family cannot file a wrongful death lawsuit until the university either denies the negligence claim or six months have passed.

Volusia County Car Crash Kills 4 People

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)5490 — Wed, 20 Aug 2008 08:00:00 EST

A car crash on Interstate 95 in Volusia County resulted in four fatalities. State troopers stated that a motor vehicle was traveling northbound on the highway near the Brevard County line when the driver lost control and the vehicle veered off the road. The car then flipped over several times, hit a tree and burst into flames.

The driver and three passengers were in the car at the time of the accident. It is believed that at least two of the victims were adults.

It is still unclear as to what caused the car to lose control, but there is speculation that it could have been a tire blowout.

Fatal Pedestrian Accident on Hillsborough Avenue

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)5476 — Mon, 18 Aug 2008 08:00:00 EST

Last Saturday night, a 15 year old boy was hit and killed when he attempted to cross Hillsborough Avenue. According to the Florida Highway Patrol, the boy tried to cross Hillsborough Avenue at Belle Chase Circle at approximately 9:45 PM when he was hit by an SUV.

The teenage boy, who was from Vaughn Washington, was taken to St. Joseph’s Hospital where he was later pronounced dead. The driver was a 27 year old man from Tampa. He has not yet been charged in connection with the pedestrian accident.

Two Vehicles Collide in Orlando

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)5451 — Wed, 13 Aug 2008 08:00:00 EST

Two vehicles collided Tuesday morning at Apopka-Vineland and Kilgore roads. Three people were sent to the hospital and the intersection was shut down for nearly three hours after the accident. Neighbors believe it is a dangerous road and many people think there needs to be a traffic signal.

A Florida Highway Patrol trooper stated that speeding could have been a factor in the car crash. The accident occurred when a white Jeep crossed the median barrier and hit a green Ford SUV. Two people in the green SUV and one person in the white Jeep were taken to Orlando Regional Medical Center. One passenger had to be cut out of the car.

The driver of the Jeep was an 18-year old man. His injuries are serious. The driver of the Ford SUV was a 44-year old man who also sustained serious injuries. The passenger of the Ford SUV had critical injuries. There are charges pending against the 18-year old driver.

Florida Woman Jumps Into Sinkhole and Drowns

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)5405 — Tue, 05 Aug 2008 08:00:00 EST

A Florida woman drowned in a sinkhole known for cave-diving. Pasco County authorities say the woman was drinking with friends before she jumped into the sinkhole on Saturday, August 2, 2008.

The 45 year old woman had been drinking with friends on a private area in Hudson, just north of Tampa. She then jumped into the water-filled sinkhole that was approximately 20 feet wide. According to authorities, the woman’s friends performed CPR after finding her floating body. The woman was taken to the hospital where she was later pronounced dead.

Gardasil Safe, says FDA, CDC

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)5394 — Fri, 01 Aug 2008 08:00:00 EST

Merck & Co's Gardasil vaccine has been given the green light as "safe and effective" for protecting women and girls from a virus that causes cervical cancer. Consumers, doctors, and researchers have raised questions about Gardasil's safety, but both the Food & Drug Administration and the Centers for Disease Control and Prevention say that the most serious adverse events are not linked to the vaccine.

In a recent statement, the FDA and the CDC said that the benefits of the vaccine continue to outweigh its risks. In the report, the agencies had reviewed 9,700 reports of health problems. Six percent of the cases involved "serious events," including 20 deaths. However, it was determined that there was no common pattern to the deaths that would suggest that they had been caused by the vaccine.

Orlando Police Officer Involved in Crash on Way to Crime

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)5395 — Fri, 01 Aug 2008 08:00:00 EST

An Orlando police lieutenant was responding to a robbery call when his unmarked SUV crashed into another car. While the top had to be cut off of the SUV to extract the officer, he was admitted to Orlando Regional Medical Center with non-life threatening injuries.

According to police reports, the other driver had the green light but did not see the SUV's flashing lights.

The officer is expected to fully recuperate in a few months.

Teen Killed in Windermere Crash

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)5396 — Fri, 01 Aug 2008 08:00:00 EST

A 16 year old was killed in Orange County last week. The boy was driving a 2005 Lexus on Lake Marsha Drive just after 4 in the morning on July 24, 2008, when he failed to correctly navigate a turn and drove off the road's shoulder.

Troopers have determined that speed was a factor in the crash. His 16 year old passenger suffered only minor injuries and was taken to Orlando Regional Medical Center for treatment.

Man at Scene of Single Car Accident Denies Driving

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)5397 — Fri, 01 Aug 2008 08:00:00 EST

An Orlando, Florida, man who crashed into a pole and knocked out power to several area homes could face driving under the influnce charges. Witnesses report that the driver struck a round-a-bout before crashing. The passenger side of the car was wrapped around the power pole.

Neighbors who witnessed the crash saw sparks flying from the pole and rushed to save the driver, fearing that the car would explode.

The driver, who suffered broken ribs in the crash, denied driving the car to the police. He is currently only charged wtih driving without a valid license, but an investigation into whether he was drunk at the time is ongoing.

FDA Not Tracking Drug Makers Who Sell Prescription Drugs for Unapproved Use

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)5343 — Mon, 28 Jul 2008 08:00:00 EST

A new report from the Government Accountability Office is unearthing some ugly news in the medical malpractice and prescription drug fields. For a long time, doctors have been practicing "off-label" prescribing, prescribing drugs for uses that they haven't been approved by the FDA for. While this practice is widely accepted and some patients do benefit from it - others are receiving drugs that don't do them much good and end up wasting their money, sometimes also causing harm.

Drug companies are not permitted to promote medications for uses that the FDA has not approved, but they are allowed to distribute scientific articles to doctors that suggest new and unapproved uses for their medications. This causes a large grey area to emerge between "informing" and "marketing."

More importantly, from the time that the federal regulators catch a drug company marketing their drugs for "off-label" uses, it takes them about seven months to issue a warning and four more months to get the company to fix the problem. During those 11 months, a lot more prescriptions are written based on the off-label use.

According to the GAO, the FDA is ill-equipped to catch even the most blatant marketing abuses and "isn't keeping track of how drugs are marketed for off-label uses." As a result, manufacturers are held largely unaccountable for their actions.

OC Mayor's Son Charged with Careless Driving

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)5164 — Sat, 28 Jun 2008 08:00:00 EST

The son of Richard Crotty, mayor of Orange County, has been charged with careless driving after causing a crash that seriously injured a 9 year old boy.

The crash occurred Wednesday June 25, 2008, on Daetwyler Drive near Judge Road. According to authorities, a car driven by the Mayor's 17 year old son hit a Lynx bus and then a van. A child in the van sustained serious injuries and was taken to Arnold Palmer hospital. The mayor's son and his two cousins, 22 and 18, suffered only minor injuries.

Nine Injured in Orlando Bus Crash

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)5100 — Sat, 21 Jun 2008 08:00:00 EST

Nine people were injured Wednesday, June 19, 2008, when a Lynx bus collided with a vehicle on Colonial Drive. The vehicle had zipped out in front of the bus. Despite the bus driver's best efforts, he collided with the left rear bumper. The collission caused the vehicle to roll several times, strike a light post, adn coem to rest near the Chevron station. The final resting spot was a mere 20 feet from a gas pump.

Barbara Jones, spokesperson for the Orlando police, says that the only thing that stopped the vehicle from hitting the pump and causing even more damage was the light pole, which slowed its momentum.

Four adults and a child in the car suffered non-life-threatening injuries. Four people on the bus were injured also.

Four Hurt in Crash with Ambulance

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)5101 — Sat, 21 Jun 2008 08:00:00 EST

Four people, including a 60 year old woman, were injured in a crash with an ambulance on Friday, June 20, 2008. A 2008 Toyota sedan was headed north on Edgewood Ranch Road when an ambulance heading east on Old Winter Garden Road smashed into the driver's side door.

The Toyota driver had a green light, but witnesses told Florida highway patrol troopers that the ambulance had its lights and sirens blaring when it entered the intersection. The ambulance driver suffered minor injuries and had to be transported to the Health Center in Ocoee. The emergency medical technician riding in the back of the ambulance was also injured in the crash.

Luckily, however, there was no patient in the back of the ambulance at the time of the crash.

Baby Uninjured as Dad Crashes into Firehouse

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)5102 — Sat, 21 Jun 2008 08:00:00 EST

A 5 month old baby is uninjured after his 37 year old father crashed into an Orange County, Florida, fire station. Troopers have charged the father, who suffered minor injuries in the crash, with careless driving. None of the firefighters in the house were injured.

The man was heading west on Oak Ridge Road in his Toyota sedan a little after 3 a.m. when he lost control of his car. Troopers believe he steered left and headed across the eastbound lanes for unknown reasons before colliding with the station.

Second Hogan Involved in Florida Car Crash

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)5103 — Sat, 21 Jun 2008 08:00:00 EST

Hulk Hogan's daughter Brooke was involved in a crash on May 26, 2008, when a male teen lost control of his car. The driver was switching lanes when he crashed into Brooke Hogan's car. Neither driver was injured in the car and no charges were filed.

The collission occurred in Clearwater, Florida.

The accident was just weeks after Brooke's brother, Nick was sentenced to eight months in prison on felony reckless driving charges.

Car Slams Into Pole, Passenger Dead

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)4883 — Sat, 24 May 2008 08:00:00 EST

Police have concluded that speed and wet roads were to blame in a single-car accident on Thursday, May 22, 2008. According to police, the driver was heade south on Lawrence Silas Boulevard when he lost control of the car and struck a utility pole. An 18 year old Kissimmee woman died at the scene of the crash.

Apparently the driver was doing at least 60 mph in a 30 mph zone. The fact that the roads were slick due to the rain did not help.

More Than 1/2 of All Americans on Chronic Medication

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)4825 — Wed, 14 May 2008 08:00:00 EST

According to numbers gathered by Medco Health Solutions, a company that manages prescription benefit plans for about one in every five Americans, over half of all insured Americans are taking prescription medicine regularly for chronic health problems. Leading the way are drugs aimed at lowering high blood pressure and cholesterol. These problems are often linked to heart disease, obesity, and diabetes, and indicate a steadily declining public health.

In addition, experts are beginning to blame the constant advertising of the pharmeceutical industry. Americans purchase more medicine, per capita, than any other country in the world. Dr. Daniel Jones, president of the American Heart Association and dean of the University of Mississippi's school of medicine, notes that "unless we do things to change the way we're managing health in this county . . . things will get worse instead of getting better."

One Dead in Orange County Motorcycle Crash

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)4829 — Wed, 14 May 2008 08:00:00 EST

One motorcyclist is dead and another is injured after being hit by a minivan pulling out of a restaurant on Saturday, May 10, 2008. THe motorcycle was driving down Dixie Highway at about 9 p.m. when the minivan pulled out of the Shack Restaurant, colliding with the motorcycle. The impact of the crash sent both of the motorcycle's passengers flyign several feet through the air. One was pronounced dead at the scene and the other was transported to Orlando Regional Hospital.

Traffic investigators had to shut down the northbound lanes of U.S. Highway 1 for a brief time.

Cost of Orlando Nursing Home Care Increases 18%

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)4830 — Wed, 14 May 2008 08:00:00 EST

The annual Cost of Care Survey released by Genworth Financial for nursing home care shows that the cost of care in South Florida is up again. Orlando has seen an 18% increase in the cost of care since 2004. In Miami, that figure is 28% and the costs are up about 17% nationwide.

A year in a private Miami nursing home costs more than $91,000 now, almost $15,000 more than the national average. These figures are distressingly high, as the average annual income for a U.S. household is still only $46,201.

Genworth's data is compiled from the cost of care in more than 10,000 nursing homes and assisted living facilities in all 50 states.

Wrong Way Trucker Causes 6 Car Pile-Up

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)4755 — Mon, 05 May 2008 08:00:00 EST

An accident caused by a soapbox truck headed north in the southboundd lanes of Goldenrod Road in Orlando sent five people to the hospital. After the truck crashed into the first car, a chain reaction occurred, involving a total of six cars. Eight people were injured, but three did not require hospitalization.

Officials believe that the driver of the soapbox truck had some sort of heart condition. The Florida Highway Patrol notes that there were no skid marks or any sort of evasive maneuvers evident from the soapbox driver. The lack of marks is typically indicative of a medical problem.

If the driver did have a heart condition, official say he is unlikely to face charges.

Man Dies in Orange County Crash

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)4671 — Wed, 23 Apr 2008 08:00:00 EST

A crash in east Orange County, Florida, killed an Orlando man on Tuesday, April 22, 2008. Florida Highway Patrol says that the 21 year old driver was heading south on Alafaya Trail just after 7:30 when he swerved into another lane and lost control of his Chevrolet van. After attempting to pass a slower driver on the left, the van struck the rear of a car, drove up on the sidewalk, hit a concrete wall, and flipped. Before coming to rest, the van also hit a tree.

A 23 year old man was also injured in the crash and was taken to Orlando Regional Medical Center. Neither occupant was wearing a seat belt.

Orlando Motorcyclist Dies in Accident

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)4653 — Thu, 17 Apr 2008 08:00:00 EST

The Florida Highway Patrol is investigating a Friday night hit and run crash that killed a 30 year old motorcyclist. The man was riding a 2005 Suzuki motorcycle when he was hit by a white Chevrolet Monte Carlo. He was pronounced dead at the scene by the Medical Examiner's Office.

The accident occured on U.S. Highway 192 near the Interstate 4 entrance ramp. The Monte Carlo did not stop and was later seen headed east on I-4.

Police Cruiser in Three Car Accident

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)4638 — Sun, 13 Apr 2008 08:00:00 EST

A police cruiser was involved in a crash with two other vehicles in Orlando, Florida, on April 11, 2008. The injured Orlando officer was transported to Orlando Regional Medical Center while one of the other drivers was taken to Florida Hospital.

Neither injury is believed to be life-threatening, but the crash caused an oil spill on the road. The accident occurred at the intersection of Narcoosee Road and Moss Park Road.

Deputy Responding to Crash in Crash of Her Own

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)4522 — Wed, 26 Mar 2008 08:00:00 EST

An Orange County sheriff's deputy is in recovery following a rollover accident on the Beachline. While the officer was headed towards a crash scene on I-4 Tuesday night, her own car rolled over on International Parkway in Orange County.

Her injuries are not life threatening.

Orlando Girl Getting Ice Cream Hit by Car

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)4523 — Wed, 26 Mar 2008 08:00:00 EST

A 9-year-old Orlando girl was hit by a car while buying ice cream from the ice cream man on Monday night. The accident occurred at Ridge Creek Court and Brook Hollow Drive.

The girl's father was an unfortunate eyewitness to the entire event. She is expected to recover from her injuries.

Orlando Man Killed in Crash

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)4492 — Fri, 21 Mar 2008 08:00:00 EST

The Associated Press reports that a 27 year old Ocoee man was killed in an accident on Interstate 4 on Sunday night. Two of his passengers, a 40 year old woman and a 24 year old man, are currently in critical condition. A third passenger was riding in the car but is uninjured.

The driver was pronounced dead at the scene of the Interstate 4 accident near the Ivanhoe Boulevard ramp.

24,000 Munire Furniture Cribs Recalled

KC@loblawyers.com; CMurphy@loblawyers.com (News Author)4400 — Wed, 05 Mar 2008 08:00:00 EST

Munire Furniture is recalling over 24,000 wooden cribs manufactured between Nov. 1 2005, and Nov. 1, 2007, because of a fall risk. The model number can be found on a white label on the bottom inside of the right railing. Cribs being recalled are:

Majestic Curved Top Cribs Model #9500
Majestic Flat Top Cribs Model #9000
Essex Cribs Model # 7100
Brighton/Sussex Cribs Model #9100
Captiva Cribs Model #5100

The recalled cribs failed to meet federal safety standards because the support brackets on the mattress springs are too long, which prevent the spring from lowering to the lowest position. This allows children to crawl over the railing, which poses a fall risk.