Florida Accident Attorney Blog

A Lake Worth, Florida woman implanted with a Medtronic Infuse bone growth device in August 2007 has filed a personal injury lawsuit against the Minnesota-based medical devices manufacturing company. The Infuse device is used in spine repair surgery to promote bone growth, including in patients with degenerative disc disease.

According to medical industry and business news reports, a Florida woman claims that the Medtronic Infuse device -- which administers a bone growth protein known as recombinant human bone morphogenetic protein (rhBMP-2) -- compressed nerves in her spine. The plaintiff reportedly required two spinal surgeries to remove the excessive bone growth.

Medical industry watchers have reported that the Medtronic Infuse bone growth device is controversial (see list of past articles below); and additional personal injury lawsuits may be filed by patients who've experienced serious side-effects after being implanted with the devices. News reports state that the U.S. Justice Department and the U.S. Senate are investigating the Medtronic Infuse device's bone morphogenetic compound. Federal authorities are also investigating the medical device manufacturer's marketing practices, according to news reports. Business Wire reported that the complaint filed Sept. 17, 2011, in the U.S. District Court for the Southern District of Florida, is English v. Medtronic, Inc., Case No. 9:11-cv-81054.

Patients who believe they may have been injured due to a faulty medical device and/or medical product liability issues should consult an experienced Miami, Florida personal injury attorney. Patients who are injured or suffer serious side-effects following a medical procedure are often confused about what has happened and what to do next.

Experienced Miami medical malpractice lawyers are familiar with laws governing medical standards of practice and product liability in the state of Florida. The best course of action for patients who have been injured is to consult a compassionate South Florida injury attorney who is experienced with medical malpractice, medical negligence, surgical error, and product liability cases.

The attorney can advise injured patients on whether they may have a medical or product liability case, and the best course of action to take in the State of Florida.

Related Florida Accident Attorney articles:

Fort Lauderdale Medical Injury Lawyers Chalik & Chalik Offer Free Consultation to Patients Concerned about Broward General Medical Center Investigation (Oct. 8, 2009)
Police Investigate Reports of Nurse Reusing IV Bags and Tubing: Concerns about Patient Disease Exposure to HIV and Hepatitis

What Damages Mean to You in Your Florida Personal Injury Lawsuit

Sources:

Infuse Lawsuits Pile Up for Medtronic
MassDevice Medical Industry News Sept. 20, 2011

Spine Surgery Patient Brings Suit Against Medtronic For Devastating Side Effects From Its Infuse Bone Graft Medical Device
Florida Resident Charges Infuse Caused Uncontrolled Bone Growth
The Wall Street Journal, MarketWatch, Business Wire Sept. 19, 2011

Spine Experts Repudiate Medtronic Studies
The New York Times June 28, 2011

News media covering traffic accidents with injuries in Ft Myers, Florida report that a high school student was hospitalized this month after being struck by a sewerage truck near the school.

The Fort Myers pedestrian accident reportedly occurred on Sept. 23, when a 15-year-old male student attempted to cross Plantation Road to get to his ride waiting across the street. The teen was reportedly struck by a septic truck and was hospitalized for his injuries. The student was reported to be in fair condition following the pedestrian and commercial truck accident. Since the traffic accident, news sources report that parents are expressing concern about the safety of student drop-off and pick up areas surrounding the high school.

Fort Myers pedestrian accident lawyers may advise Lee County, Fla. families when a loved one has been injured or killed in a South Florida pedestrian traffic accident. An experienced Ft. Myers car accident injury attorney has knowledge regarding state traffic laws and liability, including those related to accidents occurring in school zones.

The media reports that in Fort Myers, deputies control traffic on school property, but not on Plantation Road where the student was struck by a commercial truck. The student was reportedly attempting to cross the street in a crosswalk.

Pedestrian and school safety advocates in Florida and around the U.S. warn that school zones are dangerous for students of all ages, particularly to younger children. The dangers are many -- school buses, parents' motor vehicles , and older students' cars coming and going; students hurrying to cross streets to meet friends and get to class; and everyone in a rush to get somewhere on time. The pedestrian safety advocates at WalkingInfo.org (see link below) report that the greatest number of student pedestrian traffic accidents occur when students attempt to cross the street. The organization recommends that,

Schools should develop "Safe Routes to School" walking and bicycle plans to serve all residences within the walking attendance boundary and work with local agencies to identify and correct traffic problem areas while developing these plans. These "Safe Route to School" walking and bicycling plans help to identify where traffic control (signs, traffic signals, crosswalks, adult guards, etc.) should be placed around the school and along school routes. Marked crosswalks can help guide children to the best routes to school with these plans.

In addition, school pedestrian safety advocates recommend proper signage in and around school property warning motor vehicles of student drop off hours; highly visible posted speed limits; and clearly marked areas for parents to know the proper places to drop off and pick up their youngsters.

Pedestrian safety advocates also recommend that law enforcement review the condition of sidewalks, crosswalks, and traffic control devices prior to the start of the school year, to make sure everything is in repair and working properly. Schools are advised to work with parents and local law enforcement to make school zones safe for students of all ages and avoid motor vehicle and pedestrian accidents.

Sources:

Problematic pick-up, drop-off at high school
NBC-2.com Sept. 23, 2011

Walkinfo.org : School Zone Improvements

Related Web Resources:

Florida Department of Transportation Safe Routes to School Program

The 2011 Florida Statutes, Motor Vehicles, State Uniform Traffic Control:
316.130 Pedestrians; traffic regulations

Has this happened to you lately? You're cruising down a Fort Lauderdale, Florida area roadway, enjoying the fine weather (and the fact that traffic isn't that congested). Just then, around the bend, a motorist coming from the opposite direction starts flashing his headlights at you.

Most U.S. drivers know what that "motorist code of the road" means: There's a Florida Highway Patrol or local police officer parked up ahead, sitting in wait for drivers breaking the speed limit and/or driving recklessly (which can indicate a Florida drunk driver behind the wheel). The officer may in fact be operating a radar gun and speed trap, recording Broward County, Fla. drivers' speeds and slapping violators with a traffic citation.

Thanks to your fellow Florida motorist's warning, you apply the brakes and roll by the speed trap, safely under the speed limit.

There's no telling how many Florida speeders have been spared traffic citations because of other drivers alerting them to law enforcement's presence. However Florida Highway Patrol frown on this practice for exactly that reason -- that heavy-footed drivers will, indeed, speed up once they pass the speed trap -- posing a safety hazard on Broward County, Fla. roads and highways.

As a Fort Lauderdale auto accident attorney knows all too well from work with clients, speeding is a leading cause of Florida traffic accidents, injury and death on our roads and highways. NHTSA Traffic Safety Facts: Florida 2004-2008 reports 553 speeding related fatalities in car accidents in Florida in 2008 (of a total 2,978 traffic deaths in Fla. that same year).

In the past, Florida Highway Patrol and other traffic enforcement agencies could ticket drivers caught signaling other motorists of a speed trap by flashing their lights. But now a Fla. driver who received a ticket for headlight flashing is challenging his charges in a Tallahassee court, suing the Florida Highway Patrol and others for violation of his First Amendment rights.

USA Today reports that the driver at the center of the controversy received a ticket for headlight-flashing near Tampa International Airport in Dec. 2009. He has, the newspaper writes, "filed a class-action lawsuit in Tallahassee against the highway patrol and other state traffic-enforcement agencies. He seeks an injunction barring law enforcement from issuing headlight-flash tickets, plus refunds and civil damages for previously cited motorists."

A spokesman for the International Union of Police Associations told the media that warning motorists of police presence and speed traps is in fact interfering with traffic law enforcement. USA Today reports that drivers in states besides Florida have challenged the validity of headlight-flashing traffic tickets and fines, given the First Amendment guarantee of free speech. It will be interesting to see how the Florida court views this traffic related case.

Source:

Headlight flashing faces test as free speech in Florida
USA Today Sept. 19, 2011

Related Web Resource:

The 2011 Florida Statutes
MOTOR VEHICLES : STATE UNIFORM TRAFFIC CONTROL
Title XXIII, Chapter 316, 316.183 Unlawful speed

South Florida has the dubious distinction of being the "pill mill" capital of the country. Pill mills refer to the pain clinics that can be found in strip malls and street corners throughout the region, including Palm Beach County, Broward County, and Miami-Dade County. As more and more Florida residents die from prescription drug misuse, the federal government has begun to investigate and clamp down on illegal pain medication distribution in so called South Fla. pill mills.

Earlier this month, West Palm Beach, Florida media reported that a local doctor has been charged in the death of a patient due to prescription drug overdose. According to The Palm Beach Post news, a judge set high bail for a prescription dispensing physician, who has been accused of first-degree murder in the 2009 death of a 24-year-old male patient in South Florida. The doctor reportedly practiced medicine and wrote prescriptions within what's described as the "largest illegal pain clinic network in the country."

West Palm Beach medical malpractice attorneys follow cases such as this one -- where a doctor's actions are suspected of leading to the wrongful death of a patient. Florida has become the epicenter in a national war on the illegal prescription drug trade via so-called pill mills or pain management clinics. The media reports that these clinics are often a front for other illicit operations, including street drug trafficking, selling steroids, and other criminal activities.

A Florida nursing home abuse lawyer is also familiar with laws related to the dispensing of classified drugs such as narcotic pain medication. Sadly, Florida nursing home abuse can take the form of stealing residents' much-needed pain medications, as well as overmedicating patients as a way of keeping them chemically sedated and restrained.

MSNBC reported that according to Florida medical examiners, 1,286 deaths occurred in Fla. due to prescription drugs during the first six months of 2010 — the most recent data available. That amounts to about seven fatalities a day due to prescription drug abuse, misuse, and overdose. A sobering fact: "More than 850 pain clinics are currently registered in Florida, where doctors prescribe 85 percent of all such pills in the nation."

This case of the West Palm Beach doctor accused in a Florida patient's death by pain medication overdose is likely not the last we'll hear of the problem of pain management clinics in South Florida. The Associated Press describes an "OxyContin Express" -- i.e., busloads of people coming to South Florida for easy access to dangerous narcotics and other prescription medications. The national Food and Drug Administration (FDA) and the Drug Enforcement Administration (DEA) are involved in investigating and shutting down South Florida pill mill operations.

Related Florida Injury Attorney Article:

Crackdown on Broward County "Pill Mills" : Pain Clinics Blamed for Florida Prescription Drug Overdose Deaths (March 9, 2011)

Sources:

$360,000 bond set for accused pain clinic doctor
The Palm Beach Post News Sept. 7, 2011

US aims to kill Florida pill mills
Associated Press via MSNBC.com April 19, 2011

As experienced Ft Lauderdale, Florida defective tire accident attorneys -- we know how important tire quality and maintenance are to driving safely on South Fla. roads and highways. Last month, the National Highway Traffic Safety Administration (NHTSA) released a consumer guide to tire quality to help educate consumers on the importance of tire safety (see link below).

The guide cover page shows what the various codes on the tire wall mean. Many consumers are unaware of the issue of tire date coding -- that is, a date is stamped on the tire wall indicating the week and the year the tire was manufactured. Driving on tires that are several years old can be extremely hazardous, particularly in South Florida where the heat ages the rubber from the inside out and the tire deteriorates.

In fact, "new tires" sold in auto stores might not be as new as one thinks; consumers should check the tire date coding to make sure the tires they buy are indeed new. (If tires are more than six years old and have never touched pavement, we believe they should not be sold. Rubber can deteriorate even on spare tires that have never been driven upon--a hazard that is not apparent by looking at the outside of the tire.)

Related Content: See video archive to watch Florida Accident Injury Lawyers Jason and Debi Chalik explain tire date coding and the dangers of driving on aged tires. (Scroll down to "Florida Injury Attorneys Debi Chalik and Jason Chalik Discuss Tire Safety," Comcast Newsmakers, Jan. 2009.)

An aged tire that disintegrates without warning can cause serious and fatal auto accidents, as the tread falls off the tire and the driver loses control of the vehicle. Defective tires can also cause serious and deadly motor vehicle accidents, as was the case in the widely publicized Bridgestone / Firestone SUV tire recalls in recent years.

The Top Causes of Tire Failure
The NHTSA Consumer Guide aims to educate people who purchase tires for their cars, trucks, and SUVs about the key elements that impact tire performance and safety. The Guide rates tires on treadwear, traction, and temperature (which as we mentioned above, is a factor for South Florida drivers, whose automobiles are constantly subjected to driving in very hot climates.)

NHTSA also provides resources to help car owners learn what is involved in proper tire maintenance. NHTSA reports that underinflated tires is among the major causes of tire-related auto accidents, as is speeding, or subjecting the tires to weights that are greater than what their design was intended to bear. The government's SaferCar.gov website (see link below) offers consumers information about how to maintain their cars' tires.

The site recommends that consumers regularly inspect their tires for wear and damage, and routinely check the air pressure (to make sure it is consistent with the auto manufacturer's recommendations, which appear inside the driver's side door). Poorly maintained or incorrectly inflated tires can lead to tire blowouts, sudden tire failure, and the driver losing control of the vehicle. Underinflation and overloading are the major causes of tire failure, according to NHTSA.

Related Florida Injury Attorney article:

Defective Tire Accident in Florida Causes Catastrophic Brain Injury

Sources:

Consumer Guide to Uniform Tire Quality (PDF) NHTSA Aug. 2011

SaferCar.gov: Tires

Continue reading " Florida Tire Safety : NHTSA Releases Consumer Guide to Uniform Tire Quality Grading " »

The National Highway Traffic Safety Administration (NHTSA) has announced that its Child Passenger Safety Week campaign will take place Sept. 18 - 24, 2011. A National Seat Check Saturday event will conclude the campaign on 9/24/11. The campaign is launching to help parents make sure they have the right kind of car seat to protect their children.

As experienced Miami car accident injury attorneys -- and parents ourselves -- we know that child safety in automobiles is a serious concern when driving Florida streets and highways. Having child passengers properly restrained and seated in car seats that are appropriate for their weight and height are critical safety measures. In addition, it's important that car seats are installed and adjusted properly so they protect the children in the event of a car accident.

As part of the NHTSA child safety campaign, parents are invited to bring their cars and child car seats to inspection stations on Saturday Sept. 24, 2011. Technicians will inspect how the car seats are installed and adjusted, to make sure they are safely protecting children passengers. See link below to find South Florida inspection stations, in cities including those in Miami Dade and other Fla. counties.

Some statistics from NHTSA that would give any Florida parent pause for thought before they put their children in their cars, SUVs, or minivans…

> Motor vehicle crashes are the leading cause of death for children ages 3 to 14 (based on 2006 figures from the National Center for Health Statistics).

> Every day in the United States, an average of four children age 14 and younger were killed and 529 were injured in motor vehicle crashes during 2008.

> During 2008, 5,598 passenger vehicle occupants age 14 and younger were involved in fatal motor vehicle crashes. For those children where restraint use was known, 23 percent were unrestrained; among those who were fatally injured, 46 percent were unrestrained.

> Child safety seats reduce the risk of fatal injury by 71 percent for infants and by 54 percent for toddlers in passenger cars. (Source: NHTSA Traffic Safety Facts 2008 Data : Children.)

Florida Child Passenger Restraint and Car Seat Laws
Florida law requires that children age 5 and younger be restrained in motor vehicles with a crash-tested, federally approved child restraint device. Little ones aged 3 and younger must be protected in a separate child car safety seat. See link below to Florida State website with more explaination of the 2011 Florida Statutes related to child passenger restraints and car seats.

A Miami, Fla. accident injury lawyer follows announcements pertaining to automotive and other consumer product safety recalls -- including child car seat recalls. NHTSA maintains a website (see link below) where consumers may search to see if their child car seat is part of or has been part of a safety recall.

Sources:

Child Passenger Safety Week / Seat Check Saturday, September 18 - 24, 2011

Car Seat Inspection Station Locator (search by state for Florida locations)

The 2011 Florida Statutes: Child Restraint Requirements

Related Web Resources:

NHTSA Child Safety portal

NHTSA Child Seat Recall Campaign Listing

Florida Child Passenger Safety & Occupant Protection portal

Automobile safety recalls routinely make the news headlines -- particularly when it's a popular make and model with auto product liability issues, affecting large numbers of vehicles and owners (such as the widespread Toyota safety recalls of recent years).

We hear less about motorcycle safety recalls, but they do happen. As an experienced Fort Lauderdale motorcycle accident lawyer knows from work with clients, Florida's hundreds of thousands of registered motorcycle operators depend on the sound operation of their vehicles -- for their own safety, that of their passengers, and the safety of other Florida motorists.

Last month the National Highway Traffic Safety Administration listed a motorcycle safety recall that may affect some motorcycle owners in South Florida. The recall, which was published on Aug. 5, 2011, was expected to begin on or before Aug. 30, 2011. The recall stated that Manufacturer Polaris…

…is recalling certain model year 2004-2011 Victory Kingpin motorcycles and model year 2006-2011 Victory Jackpot motorcycles manufactured from January 1, 2004, through May 1, 2011, equipped with accessory seats, part numbers 2876641-01 seat, Kingpin Touring, Double Backrest and part number 2875961-01 seat, Jackpot Touring w/backrest. The backrest support can separate from the motorcycle while in use. The passenger can be injured or fall from the motorcycle should this occur. Victory will notify owners and dealers will replace the affected seats free of charge.

Statistically, motorcycle drivers and passengers are counted in traffic accident injury and fatality numbers for the state of Florida.

According to a recent Florida state report, motorcycle accident injuries and deaths in Fla. have declined (from 532 deaths and 9,402 injuries in 2008 to 402 deaths and 8,202 injuries in 2009) -- though overall motorcycle registrations in the state are also decreasing. In 2009, there were 586,537 motorcycles registered in the state of Florida, compared to 649,210 registered in 2008. (Source: Florida Traffic Safety Facts Oct. 2010: Motorcycles, Report Compiled by the Florida Department of Highway Safety and Motor Vehicles.)

Florida remains a popular state for motorcyclists, given the warm weather, beautiful coastline, and events-driven tourism (such as Daytona's world famous Bike Week). Though progress has been made in regards to motorcycle traffic safety, and lives have been saved -- Fla. remains a dangerous state in which to operate a motorcycle. Motorcycle operators and passengers are especially vulnerable to traumatic injury (include head and spine injury) and death when involved in a traffic accident with cars, trucks, and SUVs. Single-vehicle motorcycle crashes also account for a large percentage of biker deaths.

See our Motorcycle Accidents FAQs for more information about what to do if you're injured or a loved one is hurt or killed in a motorcycle accident in Fort Lauderdale or elsewhere in South Florida.

Related Florida Accident Attorney Article:

New Florida Motorcycle Traffic Accident Fatality Statistics Show Crash Death Rates Declining, But It's Still a Dangerous State for Bikers (Aug. 31, 2011)

Source:

SAFETY DEFECT/NONCOMPLIANCE NOTICES RECEIVED DURING JULY 2011 (PDF)
National Highway Traffic Safety Administration August 5, 2011

Related Web Resources:

Polaris : Victory Motorcycles website

Motorcyclist Online : Recent Victory Motorcycle Recalls

Bike Week Headquarters

This past June, a South Carolina man vacationing with his fiancee was killed in a parasailing accident off Longboat Key on the west coast of Central Florida (see link to original story below). Now the media is reporting that a medical examiner's investigation has revealed that the cause of death for the Fla. parasail accident victim was "drowning" and the manner of death was "accidental."

According to previous media reports, the 31-year-old S.C. tourist was aloft on a parasail ride operated by Fun N Sun Parasail of Bradenton Beach, Florida. News reports stated that when the man was about 800 feet in the air, some sort of malfunction occurred, and he fell into the water. The man later died. Both the Florida Fish and Wildlife Conservation Commission and the Coast Guard conducted investigation into the circumstances surrounding this fatal parasail accident.

Now Miami, Florida and other media are reporting that an investigation into this Fla. parasailing accident has revealed more details about what occurred. Apparently the boat had malfunctioned and slowed, causing the victim's parasail line to slacken and drop him into the water. Initial reports stated that the victim, who was wearing a life vest, waved and was clearly alive when he landed in the water. However he later became unresponsive. Now a news report states that…

"According to Fun N Sun, the U.S. Coast Guard and Florida Fish and Wildlife, the out-drive on the boat failed, causing the propeller to stop turning and the boat to abruptly slow."

Reports state that the parasailing equipment itself appeared to be in working order, and the victim did not appear to have been entangled in the equipment. The medical examiner investigation also ruled out physical injury, bad weather, drugs, or marine animal as cause of death. The ME did report in a statement that the victim had a mildly enlarged heart, which could cause irregular heartbeat and lead to unconsciousness. He indicated that stress could precipitate cardiac arrhythmia.

As an experienced Miami, Florida parasailing accident lawyer knows all too well -- these tragic parasail accidents continue to occur off Fla. beaches. When someone embarks on a parasail ride, they expect to have some fun in the Florida sun -- to get a bird's-eye view of the beach, ocean, and the scenery below. Sadly, this is not always the case, as parasailing accidents due to a variety of factors can and do happen in the Sunshine State. See link below to parasail industry safety advocates calling for greater regulations in the parasailing industry in Florida and throughout the U.S.

Related Florida Accident Attorney Article:

Florida Parasailing Accident Claims Life of South Carolina Tourist -- The Second Fla. Parasail Death in Less Than a Year

Sources:

SC man drowned in Fla. parasailing accident
Associated Press in The Miami Herald Aug. 28, 2011

Parasailer drowned
The Islander Aug. 2011

Related Web Resource:

Parasail Safety Council