Florida Injury Lawyer Blog

Drop-side cribs have been a safety issue for several years. Following the largest recall of drop-side cribs in the United States - 2.1 million cribs manufactured by Stork Craft - there was another recall this summer that included over 2 million drop-side cribs from seven different manufacturers. Over the last five years, more than nine million cribs have been recalled. Many of these recalls are the result of design defects which have led to serious, and sometimes fatal, results. Drop-side cribs have caused 32 deaths and hundreds of injuries to children since 2000.

Last month the Consumer Product Safety Commission (CPSC) voted unanimously to ban drop-side cribs and also recommended new crib safety standards. When the new standards are implemented, the manufacture and sale of drop-side cribs will be forbidden, and hotels and daycares will be prohibited from using them. With child safety being the main concern, new standards also call for better construction and improved mattress support. These standards will be published by the end of the year, and after a final vote, are expected to be implemented next year.

Continue reading "Drop-Side Crib Ban Looming, Government Recommends New Crib Safety Standards" »

We often hear about the importance of car seats to help prevent injuries to children and to keep them safe while traveling in automobiles. However, we don't often hear about the importance of booster seats. When children reach the age of 4 in the state of Florida, parents are no longer required to use car seats, and have the option of using a seat belt, a separate carrier, or a booster seat as a means to keep their children safe. Why are booster seats merely an option when studies show that booster seats are safer than just using seat belts? Earlier this year, a bill that would require the use of booster seats stalled in the Florida Legislature. Opponents of the bill favored education and awareness on booster seats over making it a law. Currently, 47 states in the country require the use of booster seats. The only states without this requirement are South Dakota, Arizona, and Florida.

When children are between the ages of 4 and 8, they are in that gray area where they have outgrown their car seats, but are too small to use a seatbelt. Because seatbelts were designed for larger frames, they do not fit a child properly and can cause injuries known as "seatbelt syndrome" if an auto accident occurs. For example, the lap belt is made to sit on the pelvis of an adult, but on a child, it sits on the abdomen, increasing the risk of abdominal and spinal cord injuries. According to the Journal of the American Medical Association, children in this age group who use booster seats are 59 percent less likely to sustain injuries than children who only use seatbelts. Studies from other publications also point to the dangers in only using seat belts for children, as the likelihood of head injuries increases by 4 to 5 times, and abdominal injuries increase by 3 times. It is recommended that children start using seatbelts when they are between 8 and 12 years old and are at least 4'9".

Auto accidents are the number one cause of death for children between 2 and 14 years old, according to the National Highway Traffic Safety Administration. According to the Archives of Pediatric and Adolescent Medicine, the likelihood of death in an auto accident decreases by 28 percent for children who are properly restrained. A report by Channel 4 in Jacksonville earlier this year revealed that an alarming 83% of children ages 4 to 8 are restrained using seat belts, not booster seats. It is important for parents and caretakers to learn about the use of booster seats as a way to help prevent injuries to children while riding in motor vehicles. Safe Kids USA, a non-profit organization that provides information on preventing childhood injuries, offers tips on booster seat and seat belt usage.

Continue reading "Booster Seats Can Help Save Lives...So Why Doesn't Florida Require Them? " »

Millions of people visit amusement parks each year in the United States. Disney is the first name that comes to mind, but there hundreds of parks in the country that draw large numbers of people as well. According to the Themed Entertainment Association, 119.1 million people visited Disney attractions in 2009. With such a large number of people visiting amusement and theme parks each year, unfortunately, injuries and deaths occur, and some stories make national headlines. Just recently, on July 30th, a 12-year-old girl from Parkland, Florida, was critically injured at a Wisconsin amusement park when the safety net in Terminal Velocity, a free fall ride, was not used properly, causing her to fall 100 feet. The girl's father says it is likely his daughter will have some paralysis, and he has filed a lawsuit against the amusement park. Police say the fall was due to operator error. The park, Extreme World, which closed down for two days following the accident, is now open again.

According to Saferparks.org's federal data, 8,800 injuries were linked to amusement rides in 2006. Last spring, the Orlando Sentinel published a list of the top five theme park rides in Central Florida with the most lawsuits in a five-year span (from 2004 to 2008):

1. Universal Orlando's Dudley Do-Right's Ripsaw Falls
2. Epcot's Mission: Space
3. Wet 'n' Wild's The Black Hole
4. Islands of Adventure's Popeye & Bluto's Bilge-Rate Barges
5. Hollywood Studios' Rock 'n' Roller Coaster

Florida Theme Park Lawsuits: Slip and Falls Top List

The Sentinel also published a report on personal injury lawsuits filed against Central Florida theme parks from 2004 through 2008. At the top of the list are trip or slip and fall lawsuits, which make up almost half - 46 percent - of the lawsuits filed. According to the report, it is rare that a lawsuit goes to trial; most cases are settled out of court, and the majority of settlements are kept secret. Only seven cases during this time period were tried in court.

Continue reading "Amusement Park Injuries and Florida Theme Park Lawsuits" »

Several Florida bus accidents, ranging from school buses to church vans, have made national headlines in the past few months. In February, a tour bus accident in Lake Placid, Florida, killed two people and injured over 30. During the spring, a string of three Disney bus accidents - all within 2 weeks of each other - resulted in eight injuries and one death. More recently on July 17th, a Pompano Beach resident was killed and several passengers were injured when a church van crashed on the Florida Turnpike after the driver lost control of the vehicle. According to the Florida Department of Highway Safety and Motor Vehicles, there were 1,812 bus (a vehicle with over 15 passenger seats) accidents in Florida in 2009 -- 19 of which were fatal.

Driver Negligence a Common Cause of Bus Accidents
While many factors may contribute to a bus crash, including mechanical defects, one of the most common causes is driver negligence, whether it is the bus driver's negligence or another vehicle driver's. According to reports, the February Lake Placid tour bus accident occurred when an 81-year-old woman hit the bus after failing to yield, which caused the bus to overturn. The woman was cited in the accident but has not been charged. She was not injured in this accident, which resulted in two deaths and over 30 injuries.

The Disney bus accidents were all caused by different factors. In March, a Disney bus struck a charter bus that was parked in a through lane. The driver of the charter bus was not injured, but eight passengers in the Disney bus were injured. The FHP is investigating the possibility of mechanical problems with the Disney bus. In April, a 9-year-old boy from Florida was killed when his bicycle hit the side of a Disney bus, causing the bus to run him over, according to reports. The boy was riding his bike in the Fort Wilderness area of Disney World with a friend. They were both wearing helmets and riding on the sidewalk. It was unknown why the boy veered off the sidewalk until further investigation by the FHP found that an underinflated front tire and flat back tire on the boy's bike caused the accident. Another Disney bus accident that took place in April involved an 80-year-old driver who hit the back of an SUV that was stopped at a red light. The impact caused the SUV to rear-end a van. The bus driver was cited for careless driving.

Continue reading "More Than 1,800 Florida Bus Accidents in 2009" »

Distracted drivers. Traffic congestion. Speeding. This happens on Florida's I-95 every day, and it may come as no surprise to Florida drivers that this highway is the deadliest road in the United States, according to the National Highway Traffic Safety Administration (NHTSA). At 1.73 fatal car accidents per mile from 2004 to 2008, Florida's 382-mile highway tops the list of the most dangerous roads, which also ranks Florida's I-4 at number 3, according to further analysis by The Daily Beast.

Distractions such as cell phones and vehicle navigation systems, combined with the high volume of traffic on I-95, are a dangerous combination and increase the likelihood of getting into an accident, according to the Florida Highway Patrol. Florida auto accidents involving distracted drivers resulted in 1,436 injuries and 15 deaths in 2008, according to a Florida Highway Safety and Motor Vehicles report. Distractions such as texting while driving reduce a driver's reaction time and can cause serious, sometimes fatal, auto accidents. Congested roadways are also an issue, but adding more lanes to I-95 is no longer an option, according to The Florida Department of Transportation.

Summer is often the time when families take road trips, which leads to busier roadways. The summer months have been called the most dangerous months for drivers, the "100 deadliest days," according to Road Safe America, an organization that promotes highway safety and also offers safety tips for drivers. According to the NHTSA, 50,765 deadly car accidents occurred in the U.S. from June through August of 2004 to 2008.

Continue reading "Attention Florida Drivers: I-95 Named Deadliest Highway in the U.S. " »

Over the last three months, several stories about deck collapses have made headlines nationwide. What often begins as a celebration quickly turns into terror when people are injured or killed due to a deck collapse. On the Fourth of July, a 25-year-old man from Alabama was killed and six people were injured when the deck they were celebrating on collapsed. That same day, a deck collapse in Georgia injured several adults, including one reported head injury. The list goes on and on. According to a deck injury study by the North American Deck and Railing Association, thousands of people have been injured and several have been killed due to deck collapses since 2003. The most tragic incident was in 2003 when a deck collapsed and killed 13 people and injured 57 others.

What causes a deck to collapse?

There are several reasons why a deck may collapse. Deterioration such as rotted wood, cracks, corroded hardware; missing or loose connections; and excessive weight are all contributing factors. The Home Safety Council offers information on deck inspection and safety. Regular inspection and maintenance are crucial in order to avoid injuries or even death from occurring. It may sound like common sense, but making sure a deck is securely attached to a home is crucial. A May 2010 deck collapse that injured nearly 30 students in Virginia happened because the deck was not properly attached to the home, according to investigators.

Continue reading "Dangerous Deck Collapses Blamed for Serious Injuries and Deaths" »

A Florida woman has filed a lawsuit against an unlicensed practitioner who burned her during a laser hair removal treatment. The incident occurred last August in Miami when Monica Jimenez had the procedure done by Larry DeJesus, who Jimenez thought had a license to practice. DeJesus caused second and third degree burns to Jimenez's underarms, and the injuries landed her in the emergency room, according to reports.

Prior to filing a medical negligence lawsuit, Jimenez took her case to the Department of Health, who determined that DeJesus was an unlicensed practitioner. The Miami-Dade Police Department became involved after that and arrested DeJesus in June 2010. Jimenez still experiences pain from her injuries and is suing DeJesus for over $1 million.

Unfortunately, as the popularity of laser hair removal treatments increases, so do the amount of injuries resulting from this and other types of nonsurgical procedures such as spider vein removal. In 2004, a woman in Tampa, Florida, had her leg amputated after a spider vein injection treatment at Ideal Image. She received over $2 million in confidential settlements for her medical malpractice and products liability case, which involved three sets of defendants. More recently, a New York woman filed a $5 million medical malpractice lawsuit against a laser clinic that left scars on her torso which she claims cannot be removed.

For consumers who are interested in having laser hair removal or any other non-surgical procedure, the safest precaution is to seek a physician with experience in laser treatments or have the treatment performed by a trained and licensed professional under the supervision of a physician. The Florida Department of Health website offers information as to who is allowed to perform these types of treatments.

Continue reading "Laser Hair Removal that Left Woman Burned Leads to Lawsuit" »

A Florida woman has died after a blown tire caused her vehicle to roll over on I-95. Katherine Parker was driving her 2000 Ford SUV on I-95 near Malabar, Florida, on June 21st when, according to a witness, one of her back tires blew out causing her vehicle to flip three times and catch on fire. The 19-year-old was not wearing a seatbelt and was ejected from her SUV before the vehicle caught on fire. Parker died two days later from the injuries she sustained during this rollover accident.

Another Florida auto accident linked to a tire blowout involved a Florida police officer a few years ago. Unfortunately the trooper died after his rear tire blew out during a police chase. Tire blowouts are one of the major causes of car accidents. According to tire manufacturer statistics, tire blowouts account for nearly 535 deaths and 23,000 auto accidents each year.

A tire blowout occurs when a tire becomes suddenly deflated while driving. The Florida Highway Patrol recommends checking tire pressure prior to driving, as tires that are under-inflated and exposed to heat are susceptible to tire separation. When a tire separates, it becomes a challenge to control a vehicle, especially while driving at a higher speed. Drivers often lose control of their vehicles during a tire blowout. It is important for drivers to learn how to prevent a tire blowout from happening in the first place. The National Highway Traffic Safety Administration offers some useful tips for tire blowout prevention.

Continue reading "Fatal Florida Auto Accident Linked to Tire Blowout" »

A personal injury lawsuit has recently been filed on behalf of a hospital patient that claims she was sexually abused while seeking care and treatment at the hospital. The lawsuit stems from 2009 when the alleged victim was admitted to the hospital from the emergency room after complaints of persistent chest pain. The patient was placed under the care of a registered nurse that proceeded to inject the patient with morphine and transfer her to a secluded room, according to reports. The nurse waited until he was alone with the patient and then allegedly touched her breasts and placed her hand on his penis.

According to reports, the lawsuit alleges that the hospital negligently hired the nurse and failed to properly conduct a background check in accordance with state law. Had that background check been conducted, the lawsuit alleges the hospital would have known that the nurse allegedly engaged in abusive conduct at other jobs. The nurse was suspended by the hospital following his arrest on sexual abuse charges.

Unfortunately, sexual abuse by hospital personnel is not unprecedented. Law Offices Cytryn & Velazquez, P.A. handled a case involving a woman that was sexually abused by a hospital employee while she was interviewing for a medical assistant position. The employee falsely introduced himself as a doctor and toward the end of the interview told our client that he was required to conduct a physical to obtain insurance approval for employment. The employee then proceeded to inappropriately touch the unsuspecting woman.

Continue reading "Nurse Allegedly Drugs and Abuses Hospital Patient" »

Millions of people visit Florida each year for its theme parks, beaches and water sports. Parasailing is one of the most popular water sports that families partake in when they visit Florida cities such as Miami and Fort Lauderdale. Although parasailing accidents are a rarity in the news, injuries and deaths resulting from parasailing accidents do happen. The website parasail.org offers consumer information and parasailing accident reports.

On June 7th, 2010, a Chicago father and his 6-year-old daughter were injured in a parasailing accident in Miami. The accident happened when the boat towing the parasail lost power. The boat captain decided to cut the rope so that the father and daughter would avoid a collision with port cranes. After landing in the water, the two were dragged and eventually hit a seawall in the Port of Miami when the wind re-opened the parasail. The father and daughter were taken to the hospital and released the next day.

Luckily, the father and daughter from Chicago survived their parasailing accident. However, fatal parasailing accidents have occurred in Florida. In 2007, a deadly parasailing accident in Pompano Beach claimed the life of a 15-year-old girl and injured her sister when the girls crashed onto the roof of a building. Strong winds caused the parasail to spin until the rope that was attached to the boat snapped, leaving the young women helplessly flying through the air. The National Weather Service had issued a thunderstorm warning shortly before the girls' parasailing trip, but the boat captain proceeded to conduct rides despite such warnings.

Unfortunately, parasailing is currently unregulated by state and federal governments. Parasailing operators are not regulated by either the Coast Guard or the Department of Labor. The National Foundation for Parasail Regulations (NFPR) was started in an effort to establish mandatory operating guidelines. Some of these guidelines include monitoring weather warnings and operating at safe wind speeds. NFPR's goal is to get state and federal authorities to enforce safety guidelines in order to reduce accidents and hopefully avoid deaths resulting from this activity. Furthermore, The Amber May Law, named after the aforementioned young woman who was killed in a Pompano Beach parasailing accident, aims to establish guidelines and standards for the parasailing industry. The proposed law has not yet gone into effect.

Continue reading "Unregulated Industry: Miami Parasailing Accident Raises Questions about Parasailing Safety " »

Stories involving the use of stun guns and excessive force by police have become increasingly common over the past few years. Some police officers argue that Tasering is safer than restraining a person using batons and physical force. However, given the increasing number of deaths resulting from the use of Taser guns, many people are against employing Tasering as a subdual method. According to the Amnesty International website, over 351 people have died as a result of police Tasers since 2001.

There have been several Tasering incidents in Florida in the past few years. In 2006, a Clearwater man died after being shot multiple times with a Taser gun by police. The struggle involved three officers who managed to handcuff the man before he passed away. Another Florida Tasering incident involved Andrew Meyer, a student at the University of Florida, when he was Tasered by police during a campus conference featuring Senator John Kerry. Meyer was Tasered after refusing to leave the microphone following a heated political question addressed to the Senator. Meyer survived the Tasering, but the 2007 incident ignited a debate regarding excessive force by police.

Many people, including students at UF, did not think the police should have used a Taser gun on the conference attendee. The American Civil Liberties Union of Florida said police should not have resorted to using a Taser on Meyer if there were enough police officers to restrain Meyer without Tasering him. UF police were cleared, however, following an investigation by the Florida Department of Law Enforcement which found that the officers had followed procedure.

In a recent news story from Orange County, California, a settlement of $750,000 was paid to Matthew Fleuret, a former inmate, in a personal injury suit alleging excessive police force. Fleuret was shocked 11 times with a Taser gun after being tackled to the ground by police and kneed in the back of the head. Since the incident, which took place in 2006, a new sheriff has been appointed in Orange County and use-of-force training programs have been updated. It is unknown if the amount of use-of-force incidents have declined since then.

A number of wrongful death lawsuits have been filed against Taser International, the manufacturer of 50,000-volt Taser guns, as these guns have been linked to causing heart attacks and other cardiac problems. Back in 2005 in Las Vegas, Nevada, the father of a boy who died after being Tasered sued the Las Vegas Metro Police and Taser International for $20 million. An investigation by the coroner later revealed that Tasers were only partly responsible for the boy's death.

Taser International has issued a training bulleting warning officers to avoid shooting suspects in the chest, and stands by their product as safe. The company is known for winning in court until two years ago, when a San Jose federal jury awarded $6 million to the family of a man who died after being Tasered. The verdict marked the first time the manufacturer was held accountable for death or injury resulting from its products.

Continue reading "Use of Tasers Has Led to Debate, Deaths, and Wrongful Death Lawsuits" »

Xenical & Alli May Cause Severe Liver Damage

The orlistat-based weight loss pills, Xenical and Alli, will now come with warnings of potential liver damage. The revised warnings come after the U.S. Food and Drug Administration (FDA) received and studied 13 cases of severe liver damage, including two deaths and three liver transplants, in patients taking the drugs. Although only one case involved a patient in the United States, the FDA felt the danger was serious enough to require warnings on all future Xenical and Alli packages sold in the U.S. Although a direct causal relationship has not yet been established between severe liver damage and taking orlistat, the FDA is warning the nearly 40 million people taking Xenical or Alli to discontinue use if they notice signs of liver damage. These signs may include yellow eyes and skin, itching, dark urine, light-colored stool, or loss of appetite.

Proton Pump Inhibitors May Increase Fracture Risk

The FDA is also reporting that recent epidemiological studies have shown that use of proton pump inhibitors, such as Nexium and Prilosec, at high doses or for more than one year may increase the risk of bone fractures. Proton pump inhibitors are used to treat acid reflux, GERD, and other conditions by stopping acid secretion. The increased fracture risk is associated with the hip, wrist, and spine. While the potentially dangerous drugs are not being recalled, they will receive a revised warning label which includes this fracture risk.

Adverse Incidents Related to Children's Tylenol Continue to Surface

The FDA continues to investigate nearly 800 reports of adverse medical incidents following the recall of over-the-counter children's medication, according to reports. The recall was prompted by an inspection of Johnson & Johnson's McNeil manufacturing plant which uncovered bacterial contamination of ingredients, dirty equipment, and the potential of drugs being more potent than indicated. Although the FDA has not linked any of the adverse events, including seven reported deaths, directly to the recalled products, the FDA continues to investigate whether the adverse incidents are related to the poor manufacturing conditions. The recalled products include children's Tylenol, Motrin, Zyrtec and Benadryl.

Continue reading "Recent Warning & Recalls on Potentially Dangerous Drugs" »

Drop-side cribs are dangerous. That is the message Congress wants parents to know. The tragic death of a 6-month old baby boy from Long Island, New York, is a grim example. The infant became trapped and suffocated when the side rail on his drop-side crib malfunctioned. At least 32 babies in the last 10 years have suffocated or were strangled in drop-side cribs. In addition, 14 infant fatalities have been linked to drop-side cribs in that time frame.

According to reports, efforts have been made in Congress to prohibit the making, selling and reselling of all drop-side cribs and to ban them from establishments such as hotels and day care facilities. New York Senator Kirsten Gillibrand is taking action to get the ban underway and is urging parents to understand the dangers of using drop-side cribs. The Consumer Product Safety Commission plans to make fixed-side cribs the new standard and to ban the sale and manufacture of drop-side cribs by the end of 2010.

Since 2005, over 7 million drop-side cribs have been recalled, usually due to malfunctioning hardware which can cause the drop-side rail to loosen or break. When the rail becomes detached, it creates a space between the side rail and mattress where a baby can get trapped and become strangled or suffocate. Although the crib industry favored fixed-side over drop-side cribs last year by voting to do away with the drop-side design, it is not yet mandatory for crib manufacturers to make only fixed-side cribs.

Some retailers, including Wal-Mart and Babies R Us, have already stopped selling drop-side cribs. Despite the warnings from the CPSC and Congress, drop-side cribs are still widely available online. Parents and caretakers should be aware of the dangers in using drop-side cribs and should avoiding using them at all costs.

Continue reading "Florida Parents Beware: Drop-Side Cribs Soon to be Banned Nationwide" »

A 13-year-old Davie boy has died after he was found with a hammock wrapped around his neck on May 2. The young man's father found him in his room entangled in the hammock and attempted to revive him through CPR. At the hospital, the young man was placed in a medically-induced coma, but never recovered. How he became entangled in the hammock and his exact cause of death are still being investigated according to reports.

Although the details of how this tragic death occurred remain unclear, hammocks have a history of being strangulation risks. This risk is especially prevalent in devices characterized as baby- or mini-hammocks which consist of light weight, nylon mesh and do not employ a spreader bar. These hammocks have been identified as strangulation and suffocation risks to babies and young children by the U.S. Consumer Products Safety Commission (CPSC) for years and have undergone numerous recalls. The risk stems from a defective design that fails to provide a spreader bar to keep the mesh from pulling tight into a single rope which children can become entangled in while getting into and out of the hammock.

The death of this young man, while extremely tragic, is not unprecedented. In 2008, an eight-year-old Indiana boy reportedly died after a hammock he and his brothers were playing on became wrapped around his neck causing suffocation. Twelve children between the ages of 5 and 17 years old died after becoming entangled in mini-hammocks without spreader bars from 1984 to 1995 according to the CPSC.

Continue reading "Deadly Hammocks: Florida Teen's Strangulation Shocks Broward County" »

If you like reclining your seat back when riding in a car, you should be aware of the danger in doing so. Last month a federal jury in Texas awarded $1.8 million to the family of a young woman who lost her life in a car accident while riding as a passenger with her seat fully reclined. It is recommended that automobile seats should not be reclined past a 45 degree angle while traveling because the seat belt system becomes less effective and places the passenger at a greater risk of injury or death.

In July 2007, 19-year-old Sarah Goodner was napping in the front seat of a Hyundai Tucson driven by her sister when the SUV rolled over. Goodner was ejected from the vehicle even though she was wearing her seatbelt. According to trial evidence, Goodner slid out from under the lap belt. The jury blamed Hyundai for "using a defective reclining seat system." Goodner's attorney said Hyundai did not use safety technology that would keep seats from being reclined further than a 45 degree angle or use a system that would bring a tilted seat back to its upright position if an automobile accident occurs. Hyundai attorneys argued that the vehicle driven by Goodner's sister met vehicle standards and had a 5-star safety rating. They also argued that people should read the fine print in the owner's manual.

Reclining one's seat to extreme angles while traveling in a vehicle is extremely unsafe. At greater than a 45 degree angle, the seatbelt straps ride higher up on the body than they are supposed to, causing the upper strap to sit near or on the neck and the lower strap to sit closer to the stomach. This can be dangerous during a car accident because the force against the seat belt could cause injuries such as internal bleeding . In addition to risking injuries from the seatbelts, the positioning of the body at these angles makes it more susceptible to serious spinal cord injury or even death, as in Sarah Goodner's case.

In the late 1980's, the National Transportation Safety Board recommended that the National Highway Transportation Safety Administration research the risk of seat reclining, but the NHTSA dismissed the request, in part because the owner's manuals offered warnings to consumers about the potential risk. Despite the concern from the NTSB, warning labels on automobile seats have yet to become a requirement for auto makers.

Concerned consumers should check their vehicle's owner's manual and ensure they are properly using all safety equipment before operating the automobile. It is also important for people to understand the dangers of reclining one's car seat and to keep that in mind while riding in a vehicle.

Continue reading "Warning: Driving With Automobile Seats Reclined Can Cause Death" »