South Florida Injury Lawyer Blog

The Florida Highway Patrol has charged a Kenworth tractor-trailer driver of violation of the right of way in the wake of a Florida truck crash that left a 10-year-old Lake Wales boy seriously injured. Charles Geim was taken to Arnold Palmer Children’s Hospital in Orlando following the motor vehicle accident.

The FHP says that trucker Sonia Mcgaha turned her Kenworth tractor-trailer left from US 27 into the path of a Chevrolet that was coming from the opposite direction. Her rig struck the car’s left side. Lorine Jones, the driver of the car that Geim was riding in, sustained minor injuries.

Mcgaha wasn’t hurt in the crash, but Jermie Mcgaha, 9, sustained minor injuries.

Tractor-Trailer Accidents

Common causes of tractor-trailer crashes

• Tailgating
• Exhausted drivers
• Failing to obey road signs
• Speeding
• Aggressive drivers
• Talking or text messaging on the cell phone
• Drunk driving
• Forgetting to check blind spots

An 80,000-pound truck can be a huge danger to car passengers, motorcyclists, pedestrians, and bicyclists if they are involved in a truck accident with one of these large vehicles.

Boy, 10, critically injured in accident, Newschief.com, July 30, 2008

Related Web Resources:

Florida Highway Patrol

Truck Accident Laws, Justia

In South Florida, our truck crash lawyers are familiar with the federal and state regulations that govern truck drivers and we know how to deal with truckers and trucking companies to help you obtain the maximum recovery for all your personal injuries.

Continue reading " 10-Year-Old Boy Sustains Serious Injuries In Florida Tractor-Trailer Accident " »

Posted by David J. Halberg, Esq. | Permalink | Email This Post

Posted In: Injuries to Minors , Motor Vehicle Accidents , Truck Accidents

Bookmark:

Florida Lt. Governor Jeff Kottkamp has arrived at a settlement agreement over his personal injury lawsuits filed against Lee Memorial Hospital and three companies. While Lee Memorial Hospital revealed that its portion of the settlement was $200,000, the settlement terms between Kottkamp and three of the companies remain confidential.

Kottkamp sustained physical injuries and a fungal infection after undergoing heart surgery at the Southwest Florida hospital. His lawsuit alleges that the improper maintenance of the hospital roof caused mold to enter the operating room, resulting in his infection.

Kottkamp had to be placed in an induced coma for several weeks so multiple surgeries could be performed to scrape mold from his chest. He then underwent several reconstructive surgeries to repair his chest cavity and replace a deteriorated sternum.

One personal injury lawsuit accuses Bovis Lend Lease Inc., Sheet Metal of Florida, and Crowther Roofing, as well as John J. Kirlin Inc. of negligence. All of the companies were involved in doing renovations at the hospital prior to his surgery. The other personal injury lawsuit is a medical malpractice case against the hospital, Dr. Stephen Zellner, and Internal Medicine Associates of Lee County. Kottcamp’s personal injury attorney says that Zellner delayed treatment of Kottcamp’s fungal infection.

Examples of Medical Malpractice

• Delayed Diagnosis
• Wrong Diagnosis
• Surgical Errors
• Prescribing the wrong medication, too much medication, or not enough medication
• Delay in surgery or other procedures

In certain personal injury cases, more than one party can be held negligent for the harm suffered by the victims and/or their families. A good South Florida personal injury law firm can help you pursue all avenues of recovery.

Lt. Gov. Kottkamp reaches settlement with Lee Memorial Hospital, News-Press.com, July 18, 2008

Jeff Kottkamp's professional conversion, Tampabay.com, November 2, 2006

Related Web Resources:

Lieutenant Governor Jeff Kottkamp, Flgov.com

Lee Memorial Hospital

Posted by David J. Halberg, Esq. | Permalink | Email This Post

Posted In: Medical Malpractice

Bookmark:

In Pembrooke Pines, police have identified the motorcyclist that died after he was struck by a car in a Florida traffic accident. Miami resident Ricardo F. DeCastro died on Wednesday when the motorcycle he was riding was rear ended by a Honda Civic driven by Miami Gardens resident Larry Beltran.

Police report that Beltran was following too closely behind DeCastro, which led him to crash into the motorcycle. DeCastro was thrown from the motorcycle and then struck by Beltran, before he was able to stop his car. An investigation is ongoing and no criminal charges have been filed.

If you or someone you love was seriously injured in a motorcycle crash that you believe was caused by another party’s negligence, a good Florida motorcycle crash attorney can help you file a claim or lawsuit against the liable party or parties.

2006 Motorcycle Accidents Facts

• About 104,000 motorcycles were involved in traffic crashes.

• The National Highway Traffic Safety Administration reported 4,810 motorcycle deaths.

• These deaths comprised 11% of all traffic deaths that year.

• 88,000 motorcyclists were injured.

Our Florida motorcycle crash law firm has law offices in Miami, Port St. Lucie, and West Palm Beach. Our personal injury and wrongful death lawyers work with experienced accident reconstructionists and medical experts to prove our clients’ cases so that they can receive the maximum recovery for their injuries and losses.

Motorcyclist killed in Pembroke Pines identified as Miami man, Sun-Sentinel.com, July 24, 2008

Florida State Motorcycle Laws, American Motorcyclist

The Hurt Report

Continue reading " Florida Police Identify Motorcyclist Killed in Rear-End Collision " »

Posted by David J. Halberg, Esq. | Permalink | Email This Post

Posted In: Motorcycle Accidents

Bookmark:

According to British researchers, the use of Topiramate, an anti-epilepsy drug, increases the chances of pregnant women giving birth to babies with birth defects by up to 14-fold—especially when the drug is taken along with the drug Valproate. The study involved 203 women that became pregnant while taking Topiramate (Topamax is the brand name sold by Johnson & Johnson) alone or with other epilepsy medication.

Findings from the study included:

• 18 spontaneous abortions
• 5 induced abortions
• 2 stillbirths
• 178 births
• 16 infants were born with major birth defects
• 4 infants were born with cleft lips or palates
• 4 babies had genital birth defects

However, because the study involved only 203 women, experts have said that there is still statistical uncertainty related to this new data.

Topiramate has caused similar birth defects in animals. The fact that studies of other epilepsy drugs have revealed an increase in birth defect risks indicates that all of these drugs may affect the reproductive process.

Of the approximately 2.7 million Americans with epilepsy, Topamax makes up 1 out of every 5 prescriptions. Doctors say that even though there are risks involved with taking anti-epilepsy drugs, preventing epileptic seizures that would otherwise harm unborn babies—perhaps even more severely than the side effects that use of the drug can cause—is essential.

If you or someone you love was injured because of a dangerous pharmaceutical drug, you may be entitled to personal injury or wrongful death compensation. Drug manufacturers are supposed to test their medications before making them available to users and warn of any adverse side effects.

Our South Florida drug litigation law firm can determine whether you have grounds for a claim. If a drug maker or seller knowingly concealed risks, failed to conduct the proper and full product tests, or neglect to warn doctors and consumers of potential dangers, we know how to investigate any of these factors and prove your case.

Epilepsy drug Topamax linked to birth defects, Los Angeles Times, July 22, 2008

Study links epilepsy drug to increased birth-defect risk, USA Today, July 21, 2008

Related Web Resources:

Topamax

Epilepsy and Pregnant Women, MayoClinic.com

Continue reading " Report Links Topamax to Birth Defects " »

Posted by David J. Halberg, Esq. | Permalink | Email This Post

Posted In: Birthing Injuries , Drug and Medical Device Litigation

Bookmark:

With families and other groups headed on vacation or other activity-related outings throughout the summer months, federal safety officials are reporting the increase of 15-passenger van rollover accidents from June through August. New data from the National Highway Traffic Safety Administration indicates that 31% of all deadly 15-passenger van rollovers occur during this time period. Officials are warning van drivers to execute the proper safety measures to prevent these auto crashes from happening.

The NHTSA says that the chances of a 15-passenger van rollover increases when the vehicle is fully loaded with people and cargo. 50% of 15-passenger van deaths in 2006 occurred in vans that were loaded to full capacity. 59% of those who died were not using seatbelts. While the number of deaths involving 15-passenger vans has decreased over the years, there were still 58 fatalities in 2006.

15-Passenger Vans
While 15-passenger vans are supposedly made to safely transport large groups of people and cargo to and from their destinations, federal safety studies show that the more passengers and cargo are loaded in the van, the greater the chances of a rollover accident happening.

15-passenger vans have a high center of gravity. This gravity center moves up and back the more occupants there are in the van, which increases the chances of the van turning over.

Once a 15-passenger van rollovers, occupants tend to be even more prone to injuries because:

• There is insufficient crash padding to protect passengers when they are thrown against the van
• Lack of emergency exits
• Insufficient structural integrity to prevent the van from collapsing

Traumatic brain injuries, spinal cord injuries, broken bones, major internal injuries, and death can result in rollover accidents.

In South Florida, our 15-passenger van rollover accident lawyers can help you file a personal injury claim or lawsuit against a negligent driver, or, if we find that you operated and loaded the van correctly and you were still involved in an auto crash because of defects in the van’s design or due to vehicle malfunction, we can pursue a case against the van’s manufacturer.

Fatalities to Occupants of 15-Passenger Vans, NHTSA, May 2008 (PDF)

Related Web Resources:

Reducing the Risk of Rollover Crashes in 15-Passenger Vans, NHTSA.gov

15-Passenger Vans: High-Riding Death Traps, SafetyForum.com

Continue reading " Number of 15-Passenger Van Accidents Often Increases in the Summer Months " »

Posted by David J. Halberg, Esq. | Permalink | Email This Post

Posted In: 15-Passenger Van Accidents , Motor Vehicle Accidents

Bookmark:

A review of lawsuit settlements over the last 4 ½ years by the South Florida Sun-Sentinel found that injury accidents often occur from people falling on Ft. Lauderdale’s older sidewalks. Although city officials have been able to contest many of the lawsuits, taxpayers have had to pay over $680,000 for the cases that the city has had to settle.

There were 35 personal injury lawsuits involving sidewalk accidents in Ft. Lauderdale in 2007. The newspaper’s review shows that the average lawsuit settlement for these cases runs at around $45,350.

Deterioration is an ongoing problem in Florida, which is one of the oldest cities in Broward County. Records show that even the slightest imperfection in a piece of concrete can cause serious injury. Ft. Lauderdale city officials are meeting this week to determine how much needs to be spent over the next several years to repair the sidewalks. The average sidewalk repair can cost around $800.

Sidewalk Injury Accidents
Sidewalk cracks, a slippery or icy surface, potholes, or broken or uneven concrete are common causes of slip/trip and fall accidents. By law, sidewalks are supposed to be properly maintained so that they contain no hazardous conditions that can lead to serious injuries or death.

In South Florida, we can determine if the city and/or a property owner acted negligently to allow for your injury accident to occur. Slip and fall injuries can be debilitating injuries and can take a while to recover from. Medical and rehabilitation costs can be very expensive-especially if you sustained a serious back injury, broke your hip, or suffered a traumatic brain injury.

Our Ft. Lauderdale slip and fall lawyers can help you determine whether another party’s negligence led to your injury accident.

Fort Lauderdale's old sidewalks costly in lawsuits and repairs, Sun-Sentinel, July 13, 2008

Related Web Resources:

Premises Liability, Justia

City of Ft. Lauderdale

Continue reading " Slip, Trip, and Fall Accidents on Ft. Lauderdale Sidewalks Can Be Costly for Local Taxpayers " »

Posted by David J. Halberg, Esq. | Permalink | Email This Post

Posted In: Premises Liability

Bookmark:

In a split decision, the 11th Circuit Court of Appeals in Atlanta has lowered the award amount that the parents of a boy born with serious brain damage in 2003 at the Mayport Naval Station obstetrics clinic in Jacksonville, Florida will receive.

The Florida birthing malpractice award—originally for $60.5 million—to Kevin Bravo Rodriguez’s family had already been reduced to $40.5 million. But the federal appeals court says this amount is also too much.

The court, however, did not dispute that the hospital and staff members acted negligently. As US Circuit Judge Ed Carnes wrote in the decision, “not… whether the government should pay… but… how much it must pay." The family’s birthing malpractice lawyer plans to appeal the ruling.

With the original award, a judge in Miami ruled that obstetrician Ken Kushner delayed performing a Caesarean operation on Kevin’s mother for too long. Her labor lasted over 20 hours. Kevin wasn’t breathing when he was born. US District Judge Gonzalez first awarded $60.5 million before reducing it to $40.5 million. $10 million had been awarded for economic damages, but because Kevin died, this portion of the award is gone.

This was the largest verdict issued against the government under the Federal Tort Claims Act. If the appeals court decision stands, the injury case will be retried as a wrongful death lawsuit. Although Dr. Kushner was a contracted civilian and not a naval worker, the court also held the Navy was liable for Kevin’s injuries.

Birthing malpractice can cause catastrophic injuries to infants, including:

• Cerebral Palsy
• Facial Paralysis
• Broken Bones
• Bruising
• Brachial Palsy
• Brain Damage
• Wrongful Death

With offices in West Palm Beach, Miami, and Port St. Lucie, our Florida birth injury attorneys have helped many parents recover compensation for the harm suffered by their babies and families because of birthing errors.

Court chops into hospital award, Jacksonville.com, July 8, 2008

Related Web Resources:

Birth Injuries, University of Virginia Health System

Naval Hospital Jacksonville

Continue reading " Birthing Malpractice Award For Parents of Boy Born With Serious Brain Damage in Florida Naval Hospital is Reduced Again " »

Posted by David J. Halberg, Esq. | Permalink | Email This Post

Posted In: Medical Malpractice

Bookmark:

In Palm Beach County Court and Palm Beach Circuit Court, Florida, 19 more defective products lawsuits have been filed against ConAgra Foods by plaintiffs that say they contracted salmonella after eating the company’s peanut butter.

ConAgra Foods recalled its Great Value and Peter Pan peanut butters over a year ago following a salmonella outbreak that occurred throughout the US. The Nebraska-based company says a roof leak and a faulty head in its fire sprinkler system is what caused the bacteria to grow in its Georgia plant.

The Centers for Disease Control and Prevention says that the Salmonella outbreak affected about 600 people. The food manufacturing company has already been named as a defendant in numerous other personal injury lawsuits. Thousands of other people may have gotten sick from the tainted peanut butter, but the CDC says that it cannot confirm any cases where there were no stool samples.

In Florida, damages for circuit court cases are capped at $75,000 if the defendant is a corporation based outside the state. County Court damages have a $15,000 cap.

Tainted foods are one of many products that can be cause for a defective products lawsuit if serious injury or death results from eating the contaminated food items.

While most Salmonella cases last four to seven days and do not need medical intervention, some people with Salmonella can have diarrhea serious enough to warrant hospitalization. Serious Salmonella cases can even spread to the blood stream, the intestines, and result in death.

If you or someone you love was seriously injured by a contaminated food or by a defective or dangerous household appliance, electrical appliance, motor vehicle, toy, nursery product, piece of clothing, firearm, medical device, prescription drug, piece of furniture, or another product, one of our products liability lawyers can meet with you to discuss your case.

Tainted peanut butter spurs 19 lawsuits in Palm Beach County, Sun-Sentinel.com, July 1, 2008

Salmonellosis, CDC.gov

Related Web Resources:

Con-Agra Foods

US Food and Drug Administration

Continue reading " 19 Products Liability Lawsuits Filed in Palm Beach County Against ConAgra Foods After Plaintiffs Over Salmonella Outbreak From Tainted Peanut Butter " »

Posted by David J. Halberg, Esq. | Permalink | Email This Post

Posted In: Products Liability

Bookmark:

The wife of Timothy Powers, the 49-year-old Vero Beach motorcyclist who was killed in a crash with a tractor-trailer on US 1 on January 24 is suing the trucker and the driver’s truck company for wrongful death.

The Florida Highway Patrol says Powers could not see the truck due to the heavy morning fog. He tried safely laying down his motorcycle but was thrown off as the truck struck him as it tried to make a U-turn. Powers died at the truck accident scene.

In her lawsuit, Jennifer Powers is accusing truck driver Felix Villa of negligence. She also alleges that Torres Trucking & Tree Hauling Corp was vicariously liable for her husband’s death.

According to the Federal Motor Carrier Safety Administration, there were 5,212 truck accident fatalities in 2005—a large truck being defined as a truck with a gross vehicle weight rating over 10,000 lbs.

18-wheeler trucks, tractor-trailers, big rig trucks, large delivery trucks, and other large trucks can be a serious injury hazard to motorcyclists, the drivers and passengers of other cars, pedestrians, and bicyclists if a truck driver is negligent on the road and causes a traffic accident. Trucking companies are prepared to deal with these injury cases, and many of them will act fast to minimize liability on their part.

Our South Florida truck accident law firm is knowledgeable about dealing with large truck companies, their representatives, and their insurance companies, and we will protect your right to financial recovery.

We know how to investigate the truck crash scene and the vehicles involved to prove liability, and we will zealously pursue your compensation for you.

Vero Beach widow files lawsuit against truck driver, TC Palm.com, July 1, 2008

Large Truck Fatal Crash Statistics, 1975-2005, FMCSA.dot.gov

Related Web Resource:

Truck Safety Coalition

Continue reading " Florida Motorcyclist’s Widow Sues Tractor-Trailer Driver and Trucking Company for Wrongful Death " »

Posted by David J. Halberg, Esq. | Permalink | Email This Post

Posted In: Motorcycle Accidents , Truck Accidents , Wrongful Death

Bookmark: