Personal Injury Lawyer Blog

As the weather gets warmer, there is more and more traffic on Florida's waterways. Consequently, the increased number of boats in the water opens opportunities for collisions.

At 6:30 p.m. on Sunday, two boats collided in the Florida Keys. The two captains could face charges if authorities determine that boating rules were violated.

According to Officer Jorge Pino, the crash occurred near Sands Cut, a well-frequented sandbar area near Elliot Key, Fla. Pino is the spokesman for the Florida Fish and Wildlife Conservation Commission (FWC), the leader in the investigation. Elliot Key is the northernmost section of the Florida Keys.

Continue reading "CAPTAINS FACE POSSIBLE CHARGES AFTER BOAT COLLISION INJURES NINE PEOPLE " »

Family members of a 10-year-old boy killed at Birmingham-Shuttlesworth International Airport by a falling airport sign have filed a lawsuit for wrongful-death and injury claims. The family, originally from Overland Park, Kansas, contends that contractors and designers of the signage knew that it was unstable and installed improperly. The suit has been filed in Jefferson County, Alabama, and seeks an unspecified amount of damages. The death occurred only a few weeks after the airport underwent a remodeling that cost the county $201,000,000.

The sign has been estimated to weigh between 300 and 400 pounds. The fall injured three other members of the Bresette family in addition to killing ten-year-old Luke Bresette. His mother, Heather Bresette, suffered a head injury, a cracked pelvis and a fracture of her tibia. Two more children, 8-year-old Samuel Bresette and and 5-year-old Tyler Bresette, also suffered a fractured leg and a closed head injury, respectively. The family had gotten off a plane returning from spring break vacation in Florida and was viewing departure and arrival information when the kiosk fell.

The lawsuit alleges that the signage was part of a set of four installed around the airport. The front panel's thickness was increased from 3/4 of an inch to 13/4 of an inch, in addition to a change from lightweight plywood to a heavier fiberboard, unnecessarily increasing the weight at the top and front of the signs. The suit also states that the sign that killed Luke Bresette and injured his family members was not properly sealed and that contractors knew that travelers would be near the signs in order to read arrival and departure information. The signs are known as MUFIDs, or Multiple User Flight Information Displays.

Continue reading "FAMILY FILES LAWSUIT AFTER 10-YEAR-OLD BOY KILLED BY FALLING AIRPORT SIGN " »

The Chrysler Group, majority owned by Italian-based automaker Fiat SpA, is refusing to participate in a recall requested by the U.S. National Highway Traffic Safety Administration (NHTSA) of over 2.7 million Jeeps. The Jeeps being recalled are Grand Cherokees built over 15 model years, from 1993-2004, and Libertys built from 2002-2007. The challenge could lead to a rare public hearing jointly with the NHTSA, in addition to a journey into the federal court system.

In a June 3rd report, the NHTSA stated that it found several leaks from the models' fuel tanks that caused a fire hazard. The defect came to regulators' attention after 51 fire deaths were reported. Similarly, 1.5 million Mercury Bobcats and Ford Pintos were recalled in the 1970s when the NHTSA found that rear-end collisions with the cars caused 27 deaths in fires. Auburn Hills, Michigan-based Chrysler has until June 18th to reply to the letter.

If Chrysler refuses to comply, the NHTSA is able to call a hearing, allow discussion of the matter among regulators in the federal register, and release press releases and public notices of the proposed recall. Chrysler has the option of taking the issue to appeals court.

Continue reading "CHRYSLER CHALLENGES FEDERAL RECALL OF 2.7 MILLION JEEPS" »

Swimming with children has long been an easy and enjoyable summer staple. However, recent attention has been drawn to the drowning of children, which tends to not look like drowning! In many cases, supervision is nearby, but adults do not know that the child is at risk.

Many of us think of drowning as involving the violent, thrashing movement in the water - what we see on television and in the movies. In reality, drowning appears much differently and tends to be incredibly quiet.

The Instinctive Drowning Response, named by Francesco A. Pia, Ph.D., are steps taken by an individual to, as the name says, instinctively react in a way to avoid drowning. Contrary to popular belief, IDR does not involve loud yelling or waving arms. In fact, it is so quiet that 375 out of the 750 children that drown every year, die within 25-yards of an adult.

Continue reading "WITH SUMMERTIME APPROACHING, CHILDREN'S WATER SAFETY GAINS MORE ATTENTION" »

Health activists and health agencies have become increasingly concerned over medications used for treatment of acid reflux. The concern regards the heartburn medication's potential for Nexium fracture risk. Nexium is one of many drugs that is classed as a proton pump inhibitor (PPI). Manufactured by AstraZeneca, Nexium has been in the limelight as multiple lawsuits have been filed in multiple districts, causing North American health agencies to watch the class.

The Pediatric Advisory Committee has also raised concerns. The organization has begun working with the support of the US Food and Drug Administration (FDA), and met this spring where they concluded "observational studies suggest that proton pump inhibitor therapy may be associated with an increased risk for osteoporosis-related fractures of the hip, wrist, or spine in patients who received multiple daily doses and long-term PPI therapy."

Trepidation for such side effects have even hit our northern neighbor. Health Canada, similar in function to the FDA, also expressed concern over PPI side effects. The Canadian health authority, according to Marketwire, is worried over the possible increase of hip, wrist or spine fractures, attributed to osteoporosis. Though there are other factors that contribute to osteoporosis and weak bones, Health Canada found that multiple daily doses of PPI medications, like Nexium, coupled with therapy for over a year were at a heightened risk for Nexium hip fracture or other fractures. Thus, the Canadian health organization implemented a mandatory label update for all manufacturers of PPI medications regarding side effects.

Continue reading "MORE LAWSUITS FILED ALLEGING NEXIUM FRACTURE RISK" »

The family members of a past chemical plant employee have filed suit against American Cyanamid and 17 other companies for negligently failing to warn customers and workers of the dangers of their exposure to benzene.

David Landry Jr., an employee of the Port Neches chemical plant during the mid-1970s, suffers from multiple myeloma as a result of being routinely exposed to various chemicals.

Multiple myeloma is a cancer of one's plasma cells, a type of white blood cell found in the bone marrow. In multiple myeloma, a group of plasma cells becomes cancerous and multiplies, causing an abnormally high level of cells. Ultimately, this unnaturally high level causes the amount of abnormal proteins, also known as antibodies, to rise. Multiple myeloma can affect one's bones, immune system, kidneys, and red blood cell count.

Continue reading "FAMILY MEMBERS FILE BENZENE SUIT AGAINST 18 COMPANIES" »

A new study published in the Annals of Noninvasive Electrocardiology last month has linked fourth-generation oral contraceptives, including Yasmin birth control, Yaz birth control, and Ocella, to a higher risk of heart problems. Yasmin has already been linked to an increased risk for blood clots, but this new research adds to the list of side effects.

Fourth generation contraceptives contain drospirenone, a synthetic version of the natural hormone progestin. Prior to the study, drospirenone has been linked to a higher risk of blood clots. Researchers found that women who took contraceptives containing drospirenone had a longer corrected QT interval, despite differences in age, race, and other factors that can lead to the side effect. First and second generation oral contraceptives (those which don't contain drospirenone) actually decrease the length of the QT interval. A prolonged corrected QT interval can be indicative of an increased risk of sudden cardiac death. Women who may also be taking other drugs that increase the corrected QT interval, such as antibiotics, are at particular risk.

In April 2012, the Food and Drug Administration released a Drug Safety Communication warning that several studies had linked drospirenone contraceptives to a higher risk for blood clots as opposed to earlier generation contraceptives that contained a different form of progestin. The FDA noted that there was no consistent estimate of the difference of risk, but evidence indicated that it could be as much as three times greater. The risk of developing blood clots is higher when taking any sort of oral contraceptive, but still lower than the risk during pregnancy or the postpartum period. The FDA lists Beyaz, Gianvi, Loryna, Ocella, Safyral, Syeda, Yasmin, Yaz, and Zarah, as approved birth control drugs containing drospirenone.

Continue reading "NEW STUDY LINKS FOURTH-GENERATION ORAL CONTRACEPTIVES TO INCREASED RISK OF HEART PROBLEMS" »

Townsend Farms Organic Berry Antioxidant Blend was recalled from Costco and Harris Teeter stores after the product was linked to Hepatitis A. The federal Centers for Disease Control stated that there have been 49 reported cases of the illness across 7 states, including Colorado, New Mexico, Nevada, Arizona, California, Hawaii, and Utah. Twelve of the cases are in Colorado.

Hepatitis A affects the liver and can last anywhere from a few weeks to a few months. The most common form of contraction is through infected food or when a food handler prepares food without proper hygiene. The illness occurs within 15 to 50 days of exposure and symptoms generally include fatigue, pain in the abdomen, jaundice, abnormal liver tests, dark urine, and pale stool. Hepatitis A can be prevented if vaccinated within the first two weeks after exposure to the virus. The CDC is confident that those who have already been vaccinated are unlikely to become ill.

Last week, the Food and Drug Administration and the CDC warned that there was a suspected link between the berries used in the mix and Hepatitis A after a prominent Chinese meat processing company made plans to purchase Smithfield Farms, one of the United State's largest pork producers. The recall was issued just three days later. The CDC said that there is a risk of an outbreak since the food is already contaminated with the virus.

Continue reading "ORGANIC BERRY MIX RECALLED AFTER LINK FOUND TO HEPATITIS A" »

The March 2012 NaturaLyte GranuFlo recall was too late to prevent the alkali dosing errors that led to the wrongful deaths of many dialysis patients. Fresenius Medical Care North America, a German company located in Waltham, is the manufacturer and distributor of the GranuFlo dialysis products. Recently, multi-district litigation was granted, as requested due to the growing number of plaintiffs filing a GranuFlo lawsuit.

The Judicial Panel on Multi-District Litigation (MDL) consolidated the lawsuits in the U.S. District Court for the District of Massachusetts. The GranuFlo lawsuits are expected to continue to multiply because Fresenius manufactures and distributes up to one-third of supplies for Americans undergoing dialysis.

Fresenius reportedly discovered the potential for dosing errors inherent with GranuFlo and NaturaLyte, yet only alerted physicians at clinics within its own network. Fresenius did not report the findings to customer clinics that utilized Fresenius products, until an internal memo was leaked to the U.S. Food and Drug Administration (FDA) in March of last year. The FDA promptly issued a Class I recall of both Fresenius Medical Care products - Naturalyte and GranuFlo. The two products were reportedly manufactured and distributed from Jan. 2008 through June 2012.

Continue reading "MULTIPLE LAWSUITS ARISE ALLEGING FRESENIUS'S FAILURE TO WARN" »

The national tea store chain Teavana announced that it is voluntarily recalling over 445,000 units of glass tea tumblers in the United States that pose a safety risk to consumers. There are an additional 24,850 tumblers in Canada. The Atlanta-based retailer made the announcement after 302 instances of the tumblers breaking and shattering. There have been 6 cases of lacerations and burns caused by the product, with most injuries to the fingers, legs and toes. Teavana has instructed customers to immediately stop use of the tumblers and either return the product to the nearest store or online. Three stores, at the Columbia Mall, in Columbia, Maryland, at the Dallas Fort Worth Airport, and at the Galleria Mall, in Fort Lauderdale, Florida will not be accepting the recalls.

The Consumer Product Safety Commission (CPSC) has stated that while Teavana instituted a voluntary recall, it is still interested in hearing further complaints and other ways in which the tea tumblers can pose a safety hazard to consumers. They have directed inquiries to their website, SaferProducts.gov

Consumers who purchased the glass tea tumblers should call Teavana at (877) 261-1509 from 8 a.m. to 5 p.m. Monday through Friday. Teavana has also created a dedicated recall portion of their website viewable by visiting Teavana.com and clicking on the section entitled "Glass Tumbler Recall".

Continue reading "TEAVANA ANNOUNCES VOLUNTARY RECALL OF GLASS TEA TUMBLERS THAT POSE RISKS TO CONSUMERS" »

Imagine taking Adderall for ADHD, Wellbutrin and Prozac for anxiety, and Accutane for an acne condition all at the same time. Johnny Edwards of Wellesley was prescribed those exact medications while attending Harvard in 2007, and later committed suicide. His father filed a lawsuit against the University in 2009 claiming that his son was misdiagnosed, which is schedule for trial this year. A nurse practitioner at Harvard Student Health Services reportedly prescribed Edwards the medications after a consultation that was completed in under an hour.

Edwards was class president at Wellesley High School and served as the Valedictorian of his 2006 graduating class. At Harvard, he assisted with stem cell research and in his free time, trained for the Boston Marathon. Edwards was reportedly a well-rounded and thriving student before the diagnosis.

According to his father, Edwards was having trouble studying while at Harvard and sought help from a counselor in June 2007. After his diagnosis, however, the lawsuit alleges that he fell into a downward spiral. He was seen by a nurse practitioner - who can legally evaluate and determine a medical diagnosis in Massachusetts. Just six months after his diagnosis, Edwards committed suicide.

Continue reading "LAWSUIT BLAMES ADDERALL PRESCRIPTION FOR HARVARD STUDENT'S SUICIDE" »

Last Tuesday the Connecticut Medical Examining Board decided against imposing disciplinary action against Dr. Paul Sygall, an anesthesiologist working at Greenwich Hospital in Greenwich, Connecticut, after he administered a nerve block on the wrong arm of a patient back in 2010. While the state had proven misconduct, the board voted to change the resolution from "misconduct" to "error", freeing Dr. Sygall of disciplinary action.

The patient was about to undergo a procedure to allow the visualization of the cartilage and bones of the wrist, known as a wrist arthroscopy. This procedure is generally performed after injuring the wrist internally. The error occurred after a nurse moved the equipment to the opposite side of the patient while Dr. Sygall was out of the room. The nerve block was subsequently administered to the wrong arm. Dr. Sygall immediately noticed the error, halted the procedure, and kept the patient overnight for observation.

The hearing panel stated that Dr. Sygall's "stellar professional record" was considered in the decision. The doctor had performed 10,000 procedures and received credible testimony at the hearing. The board concluded that he posed "no threat to public health and safety."

Continue reading "GREENWICH, CT ANESTHESIOLOGIST NOT DISCIPLINED FOR "ERROR" IN NERVE BLOCK PROCEDURE" »

On Tuesday, a Muskingum County family was awarded approximately $4 million in a wrongful death lawsuit against the Ohio Department of Transportation (ODOT)

The case concerns the death and injury of a driver and passenger, who were traveling north along Route 83 when a tree fell and collapsed on their Honda Civic on Dec. 26, 2008. Michael Reed sued ODOT in February 2010 after the incident left his wife Traci killed, and his son Conner injured in New Concord, Ohio.

On the way back from a Christmas celebration with Mr. Reed's parents, the Reed family returned in two vehicles. Mr. Reed and his then-11-year-old daughter, Samantha, were riding in his pickup truck, while his wife of 14 years and their then 5-year-old son, Conner, traveled separately.

Continue reading "FAMILY AWARDED NEARLY $4 MILLION IN WRONGFUL DEATH SUIT" »

A workplace accident left a man injured after he was dragged through the machine he was working on. The accident occurred at Leem Filtration, an Arrow Road business in New Jersey. The victim, 43 years old, was pulled through a lathe after a piece of his clothing was caught in the machine. He was taken to Hackensack University Medical Center by medevac helicopter after emergency responders first took him to the Mac Farran Field parking lot.

The victim remains unidentified. He experienced a fracture to one arm, a head injury and a "severe" back injury. The U.S. Occupational Safety and Health Administration (OSHA) is predicted to investigate this accident.

The OSHA is under the United States Department of Labor, and works to ensure "safe and healthful working conditions for working men and women by setting and enforcing standards and by providing training, outreach, education and assistance."

Continue reading "WORKPLACE ACCIDENT INJURES MAN IN NEW JERSEY" »

Michael Kerr, 57, was killed in a work accident after a beam fell on him at a construction site at Northwestern University. His son is now suing the general contractor of the project.

The beam was nudged by a crane and fell onto his head and chest, according to the police and Cook County Medical Examiner's office. After the accident, Kerr was taken to Evanston North Shore University Hospital by paramedics with "severe injuries." He passed away at 8:55 a.m. on Thursday.

His son, Michael Kerr, 21, filed a lawsuit in Cook County Circuit Court against Power Construction Company, based in Schaumburg. The wrongful death suit alleges the company inadequately completed a "reasonable inspection" of the worksite. It also claims construction materials weren't secured correctly to the upper floors of the building. Kerr's autopsy discovered that the injuries from the beam's collapse were in fact fatal.

Continue reading "WRONGFUL DEATH SUIT FILED ON BEHALF OF WORKER WHO WAS KILLED AT CONSTRUCTION SITE" »