Florida Injury Lawyer Blog

The popular diabetes drug Avandia has been reported to cause hundreds of heart attacks each month and has also been linked to heart failure. According to a Senate report and as reported by The New York Times, the U.S. Food and Drug Administration (FDA) is urging a recall on Avandia because of the health risk associated with the drug. The reports state that heart failure and heart attacks suffered as a result of Avandia would be prevented if diabetes patients were instead given the drug Actos.

The Senate report says GlaxoSmithKline, the manufacturer of Avandia, was aware of Avandia's health risks for years but did not tell the public. In 2007, The Journal of the American Medical Association challenged Avandia's safety. The same year, a scientific study published in the New England Journal of Medicine showed a 43% higher risk of a heart attack from using Avandia. The pharmaceutical giant stood by its product, saying it was safe. Not too long after the study, the FDA added a black box warning of Avandia's heart attack risks.

Avandia (Rosiglitazone) has been on the market since 1999 for the treatment of Type 2 diabetes. GlaxoSmithKline continues to stand by its product, claiming there is no link between Avandia and heart attacks. However, the drug is estimated to have induced nearly 100,000 heart attacks in the 11 years it has been on the market.

Continue reading "FDA Urges Avandia Recall, Diabetes Drug Linked to Heart Problems" »

The deaths of three babies, all under one year of age, have spurred a nationwide recall of Generation 2 Worldwide and "ChildESIGNS" drop side cribs. The U.S. Consumer Product Safety Commission (CPSC) has recalled these cribs, which are sold in many stores including Walmart, because they pose a threat of death or serious injury. Parents are advised to no longer use these cribs because babies can suffocate or be strangulated by these defective products. The CPSC warns to not try to fix the recalled cribs.

The drop side of these cribs can detach, causing a space where babies have no way of escaping, which can lead to suffocation or strangulation. In addition to the three deaths reported, several injuries, including bruising and a broken arm, have also been reported to the CPSC.

Last month Dorel Asia recalled several crib models because their defective drop sides also posed a threat of strangulation or suffocation. Around the same time, the CPSC recalled 1.5 million dangerous Graco strollers.

Continue reading "Infant Deaths Prompt Nationwide Crib Recall" »

When Toyota recalled over 2 million cars last month, it was too late for one Houston family. Michael Harris is suing Toyota for an accident that caused his wife's death just a week before Christmas 2009.

Trina Harris was killed instantly when her car ran a stop sign and hit a cement wall on December 18th. She was driving a 2009 Corolla, one of the vehicles that Toyota recalled in January. Mr. Harris says his wife had mentioned that her car sometimes sped up on its own. He wants Toyota to be held accountable for its alleged negligence.

Mr. Harris claims Toyota was aware of the vehicle defect in the 2009 Corolla his wife was driving but did nothing to fix the problem. He is also suing the vehicle's gas pedal manufacturer and the company that leased the car to his wife. Mr. Harris, who serves in the Navy, is now left to take care of his two daughters.

Toyota recalled over 4 million cars in November to fix accelerator issues. Unfortunately, the recall did not involve the 2009 Toyota Camry that Trina Harris was driving. In January, it recalled 2.3 million vehicles because of accelerator problems and soon after that stopped sales in the U.S. on several of its models.

In recent news, Toyota has recalled over 400,000 hybrids, including Prius, around the world because of brake issues.

Continue reading "Houston Man Sues Toyota over Accident that Killed his Wife" »

After a recent recall that affected 2.3 million vehicles, Toyota has put the brakes on sales of eight of its models in the U.S. because of accelerator problems. In the latest reports, the recall has just been extended to Europe and China, and possibly Britain as well.

Toyota Motor Corp. has announced its decision to stop sales and North American production so that the gas pedal issue on the affected models can be fixed. It is not yet known how many vehicles in Europe or Britain could be recalled. According to the UK's Guardian, plans for Toyota to stop production at its British plants have not yet been announced, however the company warned that 750 jobs could be cut in the UK. Toyota also plans to recall over 75,000 RAV4 vehicles made in China between March 2009 and January 2010.

Toyota has also announced plans to inspect 1.1 million vehicles in the U.S. in addition to the 2.3 million it most recently recalled.

The recalls have been prompted by reports of involuntary acceleration resulting from gas pedal defects. Toyota previously recalled over 4 million vehicles in the U.S. in November 2009 due to gas pedal issues. Several car accidents, and some fatalities, were reported from sudden speed caused by defective gas pedals. U.S. Congress has just announced it will launch an investigation on Toyota's manufacturing problems that may have led to the death of 19 people in the last decade.

The affected models in the U.S. recall include the popular Camry, Corolla and RAV4. For a complete list, visit the Toyota website.

Toyota's cost-cutting methods have been scrutinized in the past few years as the company has aggressively pursued leadership in global sales. Many have blamed Toyota's vigorous growth for the problems in vehicle quality. Toyota's former president, Katsuaki Watanabe, admitted to this after a 2006 criminal investigation was conducted by the Japanese government. Nobody was charged in this investigation, which associated vehicle problems to some car accidents in Japan.

If you have been injured as a result of defective vehicle manufacturing, call us today for a free consultation. Our personal injury attorneys are experienced in handling car accident and dangerous product cases, and will fight to get you the compensation you may be entitled to.

Dan Irving Cytryn is a Board Certified Civil Trial Lawyer handling injury and accident cases for more than 29 years. He has received a 10.0 rating on AVVO, a lawyer rating service, which is the highest rating given for a lawyer. He is also rated the highest ability and ethics rating, "AV", by Martindale Hubbell, a company rating lawyers for more than 100 years.

Ford recently settled for a confidential amount with a woman who was paralyzed in a 2005 collision involving a 2002 Ford Explorer. This decision came after a jury considered punitive damages and had already ordered Ford to pay over $16 million to compensate for negligently designed rear seats and seat belt structure on the Ford Explorer.

Lynn Wheeler was a passenger in the Explorer when it was struck head on by another driver. She was riding in the back seat between the booster seats her grandchildren were sitting in. The only thing restraining Wheeler was a lap belt. Upon impact, the rear seat latch broke, causing the back seat to collapse on her. Her head and neck were pushed forward into the center console, resulting in devastating spinal cord injuries. She is now in a wheelchair and on a ventilator.

Wheeler's lawsuit challenged Ford's decision to install a lap belt instead of a three-point shoulder belt and accused Ford of negligently designing the rear seat latch. Now, thanks to a law that went into effect in 2007, automobile manufacturers are forbidden from installing lap-only seat belts for rear middle seats.

Ford argued that it met government safety standards and defended its decision to install lap belts in the Explorer's rear bench seat.

The jury sided with Wheeler - Ford was ordered to pay over $16 million in damages. The driver who collided into the Explorer was ordered to pay $1.2 million.

Ford has been in the press several times in relation to rollover accidents. A California woman's rollover accident involving her 1997 Ford Explorer is an example of one major case where Ford was under fire for being prone to rollovers. The woman sued Ford when the roof on her Explorer collapsed on her during her rollover accident. She became paralyzed as a result of the spinal injuries she suffered in the accident. The jury found Ford was aware the roof on the Explorer would collapse during a rollover accident, and awarded her over $82 million.

Each year, thousands of people are injured or killed in SUV accidents. Vehicle manufacturers have a responsibility to make safe vehicles for consumers. At the same time, consumers should be armed with as much knowledge as possible before buying a vehicle. The following websites contain important vehicle information:

Safercar.gov is a government website that has information on crash test ratings, recalls, safer driving tips, etc.

Consumerreports.org is a nonprofit established to protect consumers and offer objective product reviews.

Insurance Institute for Highway Safety provides vehicle ratings, statistics, news and more.

Dan Irving Cytryn is a Board Certified Civil Trial Lawyer handling injury and accident cases for more than 29 years. He has received a 10.0 rating on AVVO, a lawyer rating service, which is the highest rating given for a lawyer. He is also rated the highest ability and ethics rating, "AV", by Martindale Hubbell, a company rating lawyers for more than 100 years.

Toyota has recently announced a recall of several models of both Toyota and Lexus vehicles that is estimated to affect some 4.26 million vehicles throughout the United States and Canada. The recall comes because of complaints that the gas pedal in these vehicles can become stuck in the depressed position causing uncontrolled acceleration.  According to reports, this "pedal entrapment" has been blamed for the deaths of 19 people since the 2002 model year.  The problem was initially thought to be caused by mispositioned floor mats, but the recall goes beyond floor mats and addresses design issues of the gas pedals, floor board, and computer system.

The initial recall of potentially defective Toyota and Lexus vehicles began in September when Toyota warned that owners of specific models should immediately remove the floor mats to help prevent unanticipated acceleration from pedal entrapment.  This most recent recall includes Toyota technicians physically modifying the gas pedal to reduce the length by three-quarters of an inch, replacing genuine Toyota or Lexus all-weather floor mats, and installing a brake override system that will cut engine power when both the accelerator and the brake are pressed at the same time.  Some vehicles will also have the padding beneath the gas pedal replaced with a thinner pad to increase clearance between the pedal and the floorboard.

The latest rounds of repairs are scheduled to begin January 2010 and are estimated to exceed $250 million in parts and labor.  The potentially defective pedals that are modified during this time are anticipated to be replaced by properly manufactured parts when they become available.  The brake override system, which is often referred to as "smart pedal" technology and utilized by other auto manufacturers, is scheduled to be implemented as standard equipment on all Toyota and Lexus vehicles manufactured after January 2010.

Although Toyota seems to deny that an actual defect exists in the affected vehicles, the National Highway Traffic Safety Administration (NHTSA) released a statement to correct what it described as "inaccurate and misleading information" being propagated by Toyota.  The NHTSA stated that removing the floor mats in these potentially dangerous vehicles was only an interim measure and did not correct the underlying defect in the vehicle which causes pedal entrapment.  The NHTSA assured consumers that it would continue to investigate the issue until the defect is corrected with a vehicle-based solution.

Continue reading "Florida Vehicle Alert: Toyota Issues Massive Defect Recall" »

The U.S. Food and Drug Administration (FDA) has issued a Class I recall of Synthes USA's Synex II Vertebral Body Replacement. The Class I recall is the most serious recall and was issued because the medical device presents a reasonable probability of serious injury. The defective medical device, which is used to replace damaged vertebrae in the thoracic and lumbar spine, may fail after implantation causing a loss in the vertebral body replacement height.

According to the FDA, the failure of the device can lead to neural injury, pain, kyphosis, and the need for corrective surgery. Because of the danger associated with this defective medical device, surgeons and hospitals have been ordered to cease using the vertebral body replacements immediately. The defective products subject to recall were manufactured from June 2007 through September 2009. A complete list of the vertebral body replacement part numbers subject to the Class I recall can be found on the FDA's website.

Action by the FDA comes after Synthes USA began recalling the Synex II device in September amidst six adverse incident reports of the vertebral body replacements' failure. Patients with increased pain or other symptoms are advised to contact their surgeon for evaluation. Patients can report adverse incidents to the MedWatch Adverse Event Reporting program established by the FDA.

Continue reading "FDA Recalls Defective Synex II Vertebral Body Replacement after Failures" »

Target Corp., the owners of Target locations nationwide, recently settled an automatic door personal injury lawsuit filed against them by an 80-year-old customer.  According to reports, the customer claimed that Target had failed to inspect and maintain a set of automatic doors that malfunctioned and injured her.  The customer was injured after the automatic door struck her and knocked her to the ground causing her to hit her head.  She was then struck in the head again by the door when it continued to open and close while she was on the ground.  The customer also claimed that Target did not follow the safety guidelines set out by the automatic doors' manufacturer, Besam USA, who was also named in the lawsuit.  The injured party also claimed that the doors did not have a proper fail-safe system which would alarm to obstructions.

The elderly customer suffered brain injuries that prevented her from taking care of her eldest daughter with special needs.  The injured customer also claimed that she had to enter a nursing home to obtain the proper daily care after her injuries.  According to the Center for Disease Control (CDC), the second leading cause of nonfatal injuries in the United States among people 65 years of age or older in 2007 was being unintentionally struck by or crushed by a human, animal, or inanimate object other than a vehicle or machinery.

Of course, the technology behind these doors that open and close based on sensors or the push of a button is quite helpful in everyday life.  Automatic doors provide access to people carrying objects into and out of buildings, large crowds, physically challenged individuals, and have numerous other useful applications.  However, when these doors are not maintained properly or designed defectively, they can be extremely dangerous and cause serious injuries such as broken bones, traumatic brain injury, and severed fingers or limbs.  Automatic door injuries are often caused by defective or poorly maintained systems closing with excessive force or closing unexpectedly.

Traumatic brain injuries are more prevalent than one might imagine.  According to the CDC, approximately 1.4 million people in United States suffer traumatic brain injuries each year.   Of those, approximately 50,000 die from their injuries, 235,000 are hospitalized, and 1.1 million are treated and released from the emergency department.  Injuries to the brain can be difficult to self-diagnose as the signs and symptoms may be subtle and not appear until days or weeks after the injury.  People that have suffered a traumatic brain injury may appear fine, but changes in their behavior or health may signify injury.

Some signs of traumatic brain injury include:

• headache or neck pain that does not subside
• difficulty remembering, concentrating or making decision
• slowness in thinking, speaking, acting, or reading
• see more signs and symptoms at CDC.gov

Continue reading "Target Settles Automatic Door Injury Lawsuit for $7 Million" »

Your child may be at risk of serious injury or death if you are using any of the products listed below.

The Consumer Product Safety Commission (CSPC) recently released the following list of the ten most hazardous recalled children's products that might still be available in resale stores or on the Internet:

• Evenflo Envision High Chairs -- Fasteners and metal screws on both sides of the high chairs can loosen and fall out, allowing the seat back to detach or recline unexpectedly. As a result, children can fall backwards or out of the seat or choke on the detached hardware.
• Hill Sportswear Hooded Sweatshirt -- There was one reported death of a three-year-old boy who was strangled when the drawstring of the sweatshirt he was wearing became stuck on a playground swing.
• Simplicity Bassinets, including those with Graco or Winnie the Pooh motif -- There are at least three deaths involving Simplicity bassinets. The metal bars in the Simplicity 3-in-1 and 4-in-1 convertible bassinets are covered by an adjustable fabric flap which is attached by Velcro and folded down when the bassinet is repositioned. If the Velcro is not properly fastened when the flap is readjusted, an infant may slip through the opening between the metal bars and suffocate.
• Simplicity Drop Side Cribs -- There have been 10 known deaths associated with this product. The drop side can detach, creating a space between the side and the mattress. Infants and toddlers can be entrapped in this space and suffocate.

Continue reading "Top Ten Most Dangerous Children's Products " »

Ironically, 71-year-old Shirley Boles took Fosamax (the brand name for alendronate) to increase her bone density, but instead the Walton Beach, Florida woman found her jawbone deteriorating, her teeth loosening, and her gums turning black. This condition resulting in jawbone death is known as osteonecrosis of the jaw (ONJ).

Boles took Fosamax from 1997 to 2006 and asserts that Merck, the manufacturer, failed to warn doctors about the relationship between the drug and ONJ. There are now approximately 900 plaintiffs participating in the class action against Merck. This first lawsuit is being heard this month in the US District Court in Manhattan.

A study performed at the University of Southern California School of Dentistry and reported in the Journal of the American Dental Association (Jan. 1, 2009) found that 1 in 23 of the 208 patients studied taking alendronate had active ONJ. Researchers noted that even short-term use of alendronate was correlated with ONJ in some patients after certain dental procedures.

According to an article in USA Today (March 13, 2005) the chairman of the division of oral and maxillofacial surgery at the University of Miami, Robert Marx, stated that he knew of 40-50 cases of ONJ nationwide in patients who had taken Fosamax.

Continue reading "Florida Woman First Fosamax Multidistrict Litigation Plaintiff" »

Florida residents should check their garages and sheds for the Black & Decker GH1000 Grasshog XP stringer trimmer/edger. According to the recall reannouncement released by Black & Decker on the U.S. Consumer Products Safety Commission's website, the defective trimmers' spool caps, spools, and pieces of the string can break off causing lacerations to user and bystanders. The company also warned that the trimmer may overheat and cause burn injuries.

Thus far, there have been nearly 800 reports of the Grasshog XP trimmers breaking and causing over 100 reported injuries. There have also been reports of property damage caused by the trimmer including broken windows. Black & Decker originally announced a recall of the defective trimmers in 2007 but reannounced the warnings after injury reports continued to rise.

The potentially dangerous Grasshog XP trimmers include those manufactured from November 14, 2005 through November 16, 2006 and marked with date codes 200546 through 200645. The trimmers were sold from November 2005 through January 2007 at home center and hardware stores. The defective Grasshog XP trimmers also have black spool caps.

Use of the defective Grasshog XP trimmers should be stopped immediately. Repair kits are available from the manufacturer.

Continue reading "Black & Decker Grasshog XP Trimmer Continues to Cause Injury" »

Mike Tyson's 4-year-old daughter, Exodus, died on Tuesday, May 26, 2009, after succumbing to injuries she sustained when her head was caught in a cord hanging from a treadmill.  According to reports, this tragic treadmill accident occurred when the cord tightened around the child's head after she fell while playing on or around the machine.  The child was rushed to the hospital where she was treated, placed on life-support, and later passed away.

This tragic accident highlights the danger treadmills pose--especially to the very young.  The U.S. Consumer Products Safety Commission (CPSC) estimates that some 6,481 exercise equipment-related accidents involving children under 5-years-old occurred in 2008.  Treadmills and other exercise equipment do not only pose a risk of strangulation, but also can cause burns, lacerations, and deformity to the body from coming in contact with moving parts.

In order to help prevent these tragic exercise equipment accidents, ConsumerReports.org recommends that children be supervised at all times while treadmills and other exercise equipment is in use in the home.  Treadmills and other equipment that is not in use should be unplugged and locked away if possible or surrounded by a safety gate.  Finally, safety clips should be removed from the equipment to eliminate the strangulation hazard they pose and to prevent the equipment from running.

Continue reading "Treadmill Accidents Pose Risk of Serious Injury, Death" »

Hewlett-Packard Co. (better known as HP) has announced that approximately 70,000 computer batteries found in various models of HP and Compaq laptop computers pose a risk of serious burn injuries and property damage.  The company, in conjunction with the U.S. Consumer Product Safety Commission (CPSC), announced a recall of the lithium-ion battery packs because the batteries can overheat and explode causing damage to property and burn injuries. 

Although no injuries have been reported thus far, HP acknowledges two reports of their batteries overheating and rupturing resulting in fire damage.  The Chinese-manufactured battery packs were included with various HP and Compaq laptop models and sold separately from August 2007 through March 2008.  According to the CPSC, HP and Compaq laptop users should immediately remove the battery packs from their laptops and contact HP to determine if their batteries are included in the potential hazard recall.

This defective laptop battery recall is the latest in a long line of recalls due to defective battery packs with the potential to cause fire damage and burn injuries.  In 2008, approximately 100,000 laptop battery packs manufactured by Sony Energy Devices Corp. and included with HP, Toshiba and Dell computers worldwide were recalled because of their potential fire hazard.  In 2006, some 526,000 defective laptop batteries found in Lenovo and IBM ThinkPad notebook computers worldwide were recalled because of their potential to overheat and cause burn injuries and other fire hazards.
 

Continue reading "HP Laptop Batteries Pose Danger of Serious Burn Injuries" »

Florida residents should immediately stop using the potentially defective dietary supplement, Hydroxycut, according to the U.S. Food and Drug Administration (FDA) which recently warned of serious injuries associated with the product across the U.S.  The FDA has tracked 23 cases of people reporting health complications after taking Hydroxycut including jaundice, liver damage, seizures, cardiovascular disorders, and rhabdomyolysis.  One death linked to the dietary supplement has also been reported to the FDA.

Dietary supplements are not regulated by the FDA until after they have reached the market.  Unlike prescription drug manufacturers, dietary supplement makers are self-regulated and responsible for ensuring their products are safe and effective and contain the proper warnings prior to coming on the market.  Once on the market, the manufacturers are responsible for reporting known health hazards caused by their product, and the FDA takes action against products found to be harmful or adulterated.  Hydroxycut is the latest in a long line of dietary supplements tracked by the FDA found to either cause serious health issues or contain undeclared, active pharmaceutical ingredients.

If you have the associated symptoms or develop new symptoms after taking Hydroxycut, you should see your doctor as soon as possible.

Continue reading "Dangerous Diet Pill Hydroxycut Causes Injury And Death" »

Florida personal injury attorneys and residents are striking back against the manufacturers of Chinese drywall that is alleged to emit sulfur gases and other fumes by filing lawsuits in federal court.  The popular South Florida developer Lennar has also been recently named as a party in connection with the Chinese drywall litigation.  Lennar, with numerous developments throughout Broward, Dade, and Palm Beach counties, says that it has established a reserve fund to pay for replacement of the defective drywall as well as other home components damaged by the fumes emitted by the drywall such as air conditioning systems.

An estimated 35,000 homes in Florida have been exposed to defective Chinese drywall.  The Florida Department of Health (DOH) has begun air quality testing to determine if the sulfuric gases emitted from the drywall make people sick.  The DOH created an investigation criteria for Florida home owners whose houses were built after 2003 (two or more items must be present):

• Sulfuric smell or unusual odor within home
• Confirmation that drywall was made in China
• Black sooty coating on uninsulated copper pipe indicative of errosion
• Failure of A/C evaporator coil
• Expert confirmation of premature copper corrosion

South Florida houses built prior to 2004 may still meet the investigative criteria if three or more of the above listed criteria are present.

Although no direct link between any medical condition and Chinese drywall has been confirmed, many experts claim that sulfur-based gases may aggravate existing sinus issues and cause other respiratory problems.  Many South Florida residents have complained of jewelry and electrical wiring turning black and metals corroding.  South Florida personal injury attorneys are working to obtain compensation for the damage done by this potentially toxic and dangerous building product.

West Palm Beach City Hall recently played host to Rep. Robert Wexler (D) of Boca Raton and Senator Bill Nelson (D) who addressed the concerns of South Florida residents potentially exposed to the sulfur gases.  Sen. Nelson called for the resignation of the acting chief of the U.S. Consumer Product & Safety Commission and said too little was being done to stem the tide of potential injuries and damages from defective Chinese drywall.

Continue reading "Florida Residents Begin Chinese Drywall Lawsuits" »