Florida Accident Attorney Blog

An OB-GYN doctor in California has been reprimanded by that state's medical board for birth injuries caused during the difficult delivery of a large baby.

According to the Santa Cruz Sentinel, the doctor was accused of negligence and incompetence following the Sept. 2002 delivery of a baby weighing more than 9 pounds to a 26-year-old mother. The birth took place at Watsonville Community Hospital in California.

The report stated that the doctor was reprimanded for actions leading up to a birth injury, including failing to follow-up on earlier tests that showed the mother to have gestational diabetes -- a condition that can complicate the birthing process. Overweight mothers carrying large infants are at greater risk for birth injuries that occur during difficult vaginal births.

The Sentinel reported that the doctor used excessive suction pulls to deliver the baby, whose shoulder got stuck behind the mother's pubic bone (a birthing difficulty sometimes referred to as Shoulder Dystocia). The infant was later diagnosed with Erbs Palsy -- a condition resulting from nerve damage that causes paralysis of the muscles in the shoulder, arm and hand.

Fort Lauderdale, Florida birth injury lawyers follow Erb's Palsy, shoulder dystocia and brachial plexus injury cases such as this one that occur in Florida hospitals and medical centers. Following the reprimand (the mildest form of discipline given to a physician), the doctor in the California case was ordered to attend training sessions and pass an exam.

Obstetrician accused of negligence is reprimanded
Santa Cruz Sentinel, Feb. 3, 2010

Related Web Resources

March of Dimes: Shoulder Dystocia page

Florida Board of Medicine: Consumer Information

South Florida's pain management clinics have come under increased scrutiny in connection with the illegal pill trade and trafficking of Oxycontin and other powerful prescription drugs.

The office of State Attorney Michael McAuliffe of Palm Beach County, Florida, is hosting a summit in West Palm Beach to look at the growing problem of pain clinics, drug trafficking, and prescription drug abuse. The Prescription Drug Abuse and Pain Clinic Summit, held in late Feb., will bring together medical officials, law enforcement personnel, and policymakers to examine the problem.

Last year, several pain management clinics in Fort Lauderdale, Palm Beach County and Broward County, Florida, came under investigation for illegally selling prescription drugs. (See Florida Elder Care Alert: Fort Lauderdale, Broward & Palm Beach County Pain Clinics Scrutinized.) SAMHSA (the Substance Abuse and Mental Health Services Administration) reports that drug abuse among senior citizens is on the rise, as the Baby Boom generation ages.

Florida medication error lawyers have knowledge pertaining to product liability, prescription drugs, and medical malpractice as they all impact the care of our senior citizens.

Overdose of powerful prescription pain drugs such as opioids can lead to wrongful death. Experts at the Feb. 2010 Summit, which will be held Clayton Hutcheson Agricultural Center in West Palm Beach, will discuss legislation for greater self-regulation in the Florida medical industry.

West Palm Beach summit takes look at prescription drug abuse, pain clinics
Sun-Sentinel.com Feb. 22, 2010

Drug Use Rising Among Seniors; Baby Boomers Continue Using, SAMHSA Says
Jan. 11, 2010

Related Web Resources

Florida State Attorney Michael F. McAuliffe, Palm Beach County, Florida

American Academy of Pain Medicine

Broward General Medical Center in Fort Lauderdale, Florida, issued a patient update on its website regarding the case of a nurse who reused IV tubes and bags on cardiac stress-test patients -- possibly exposing them to blood borne diseases such as Hepatitis B and C, and human immunodeficiency virus (HIV).

The case came to light last fall when news media reported that a nurse at the South Florida medical center had been reusing lengths of IV tubing and bags on cardiac patients who submitted to intravenous stress tests between Jan. 2004 and Sept. 2009. (See Medical Liability Raised in Broward General Hospital Contaminated Blood Case: Fort Lauderdale, Florida Police Investigating).

Broward General issued a patient notice update on its website Feb. 15, 2010, on how many potentially affected patients had been contacted by certified mail to come in for screenings; how many had confirmed receipt; along with other patient communication data related to this case. According to the medical center website, 1,851 patients may have been exposed to disease by this nurse's actions. Patients are being voluntarily tested for HIV, and Hepatitis B and C. The medical center reports that to date, 929 patient test results had been received from LabCorp.

Though Broward General states that the nurse responsible for reusing IV equipment in pharmalogical stress tests acted independently, many questions about medical liability and negligence surround this troubling case. The medical center website states that after Feb. 15, 2010, updates on patient notice efforts will be posted every other week.

Fort Lauderdale medical negligence attorneys familiar with the Broward General Medical Center case in South Florida work with patients and families whose members may have contracted serious diseases due to practices not in keeping with proper medical protocols and sterile procedures.

Broward General Patient Notice Update: Feb. 15, 2010

Broward General Chemical Stress Test Issue

Concerns about the quality and safety of Toyota vehicles continue to mount, as the car manufacturer issues yet another safety recall -- this time for the four-wheel drive 2010 Tacoma pickup truck.

There is concern that the front drive shaft in some 2010 Tacoma trucks could be cracked -- an equipment manufacturing defect that could lead to malfunction and loss of vehicle control, which in turn could cause serious car and truck accidents.

The Tacoma recall is just the latest in a series of public safety and public relations problems for Toyota, which has been in the headlines since late last year when news of fatal car accidents blamed on faulty gas pedals came to light. An additional braking problem with hybrids such as the Prius prompted an additional recall -- while Toyota had shut down manufacturing and tried to come up with fixes for millions of vehicles.

Florida truck accident attorneys with experience handling product liability and defective auto parts cases monitor safety recalls such as this one closely. The Toyota Tacoma recall is a voluntary recall for owners to bring their trucks to a dealer for the drive shaft to be inspected and repaired, if needed. The Toyota website states that owners of affected vehicles will be notified by mail beginning in March.

Pickup trucks used to be mainly driven by construction workers and others who needed a powerful vehicle to haul equipment and supplies for work purposes. Now pickup trucks with modern comforts and amenities, such as the Toyota Tacoma, are driven by many people who simply like to drive trucks -- whether for off-roading, commuting to work, taxiing the family, or pulling trailers for recreational activities such as boating. If you live in Florida and are driving a 2010 Toyota Tacoma, contact your local dealer or visit Toyota.com for more information.

Truck recall adds to Toyota's troubles
AFP, Yahoo! News Feb. 13, 2010

Toyota Extends Recall To 2010 Tacoma Trucks
AP, Fox40News.com Feb. 12, 2010

Toyota Announces Voluntary Recall on 8,000 2010 Model Year Tacoma 4WD Trucks to Inspect the Front Drive Shaft
Toyota.com News Release, Feb. 12, 2010

Related Web Resources

Toyota.com: 2009-2010 Recall List

Toyota.com: Tacoma

Florida Governor Charlie Crist says he would approve a ban on texting while driving in the Sunshine State if pending highway safety legislation passes, according to a report this week in a Fort Myers, Florida news outlet.

Distracted-driving traffic accidents in Florida cause injury and death on our highways and streets. The problem of drivers talking on cell phones and typing text messages is a major concern among Florida and national safety advocates:

> Currently 19 states ban all drivers from texting while driving, while another 9 ban the practice for youth-aged drivers.

> The U.S. Dept. of Transportation also banned texting while driving for commercial vehicles, in an effort to cut down on bus and truck accidents.

> President Obama banned Federal employees from texting while driving.

The pending Florida highway safety legislation (SB 328 and HB 323) is one of several highway-safety bills targeting distracted driving in Florida. If passed, drivers caught texting while driving would be subject to fines. Texting while driving has become a more serious and dangerous traffic safety problem, as more and more people -- including teenagers -- use cell phones and hand-held devices to type and send each other text messages. Fatal car accidents have been linked to texting while driving. The National Safety Council (NSC) estimates that 1.6 million traffic crashes annually -- or 28% of all auto crashes -- are caused by cell phone use or texting while driving.

Fort Myers car accident injury lawyers are well aware of what can happen when drivers take their eyes off the road in South Florida, even for just an instant.

The risk of causing a serious traffic accident increases when drivers are doing other things and not paying attention to what's around them. Florida's busy interstates, highways and city streets are challenging enough for drivers. Texting is an example of how technologies that bring convenience to our automobiles -- when used while driving -- can cause serious car crashes, injury, and death.

Florida legislators propose fines for drivers who text
News-Press.com Feb. 9, 2010

Related Web Resources

National Safety Council: Distracted Driving

Distracted Driving: National Highway Traffic Safety Administration

Florida drivers with a Honda in the garage can now share in Toyota owners' headaches and safety concerns, as they all flock to auto dealers for recall repairs. This week Honda recalled hundreds of thousands of cars due to concerns about potentially dangerous airbags. Honda issued a news release stating that the airbags could inflate with too much pressure -- enough force to rupture the air bag casing, which could cause serious personal injury or even death.

Toyota's latest safety recall involves its popular hybrid model, Prius -- which reportedly has a glitch in the braking system. Owners report the brakes fail to engage immediately when applied over rough roads, which could lead to serious auto accidents. The Prius recall adds to the public relations nightmare for Toyota, which hit news headlines late last year for problems with gas pedals becoming ensnared in floor mats.

The Toyota gas pedal recall expanded to millions of cars, trucks, and SUVs earlier this year, with reports of gas pedals being slow to rise when drivers try to decelerate their vehicles.

Fort Lauderdale, Florida product liability lawyers with experience in personal injury cases involving defective auto parts are watching these latest consumer recalls carefully. CNN reports that there are already several lawsuits in the works against Toyota, as nervous consumers wonder if the car in their driveway is safe to drive.

Honda recalls 438,000 cars for airbag hazard
CNN.com Feb. 10, 2010

Toyota Recall -- Special Coverage
CNN.com Feb. 9, 2010

Related Web Resources

Toyota Recall Information

Statement by American Honda Motor Co., Inc., Regarding Expansion of Driver's Airbag Inflator Recall
Honda News Release, Feb. 9, 2010

A day of kiteboarding off South Florida's Treasure Coast turned tragic as a 38-year-old man was reportedly killed in a shark attack, possibly involving multiple sharks.

The Martin County Sheriff's Office reported that a lifeguard saw a kite board surfer in trouble about 500 yards off shore near Stuart, Florida. The lifeguard, who paddled out to assist, found Stephen Howard Schafer on his board bleeding and surrounded by sharks. The victim was brought to an area hospital but died of his injuries.

Stuart, Florida is in Martin County south of Fort Pierce and north of West Palm Beach, in the Port St. Lucie, Florida Metropolitan Statistical Area.

Kiteboard surfers strap their feet to a board and are pulled along the water by a sail. Like traditional surfing, it's a form of water recreation enjoyed by adventurous people who appreciate Florida's sun, sand, and surf. A Palm Beach County, Florida accident lawyer is aware that any type of water sports recreation comes with some risk of injury or even death. This includes boat accidents, personal watercraft accidents, surfing accidents, and parasailing accidents.

A Miami, Florida newspaper reported that the beach in Stuart remained open after the fatal shark attack. The last fatal shark attack in the Sunshine State occurred off the Florida Panhandle in 2005. It is unknown at this time what type of sharks were involved in this fatal attack near Stuart, Florida.

Kiteboarder dies in rare fatal shark attack off Florida
Associated Press, Miami Herald Feb. 4, 2010

Lifeguard describes rescue of shark attack victim
Associated Press, Yahoo! News Feb. 4, 2010

Related Web Resources

Florida Museum of Natural History: How to Avoid a Shark Attack

International Shark Attack File

Wikipedia: Kitesurfing

Martin County Florida

Florida motorists who own a Camry, RAV4, Avalon, or any other number of popular Toyota cars, trucks, and SUVs may have reason to be concerned as to whether they are safe to drive.

Toyota, which has prided itself as an industry leader in building safe, reliable cars, has expanded its safety recall of millions of vehicles. They've also done what no other auto manufacturer has ever done before -- stopped production and sales while they try to identify the source of a suspected automotive defect that could lead to deadly traffic accidents on Florida and U.S. roads and highways. Six factories so far are involved in the shutdown.

Problems for Toyota made the news last year when in November, the National Highway Traffic Safety Administration (NHTSA) announced that the auto maker had a fix for a problem with the gas pedal becoming entrapped by floor mats on some models. The serious safety issue came to light after fatal car crashes were attributed to the accelerator getting stuck and motorists being unable to stop their out-of-control, speeding vehicles (see previous blog entry, Florida Driving Alert: Toyota Lexus Issues Safety Advisory After Fatal Car Accident Involving Floor Mats).

However, Toyota has now expanded the recall in the U.S. and to Europe and has stopped production and sale of vehicles that may have the potential for the same deadly problem. It is unclear what repairs or redesign Toyota will come up with to permanently fix the problem. The Associated Press reports that Toyota learned about an accelerator problem for the Tundra in March 2007; concerns about truck accidents arose when owners reported the gas pedal was slow to rise when they tried to slow down.

Fort Lauderdale car accident lawyers follow automotive safety recalls closely, as they involve auto manufacturer product liability and Florida driver safety. We have not heard the last in this historic automotive recall and production and sales stoppage -- as Toyota works to identify and fix the source of the problem, dealers stand by idle with showrooms and lots full of cars, and consumers wonder what to do with vehicles that they thought were safe to drive. Car and Driver reported that owners of affected cars may be able to ask for and obtain loaner vehicles (see link below), though to date, Toyota had not issued a mandate for dealers to loan out other cars.

Toyota recalls additional 1.09M vehicles in US
Associated Press, MiamiHerald.com Jan. 28, 2010

Background: Toyota Announces Fix for Accelerator Pedal Entrapment Problem
NHTSA Press Release Nov. 25, 2009

Related Web Resources

Frequently Asked Questions For Sticking Accelerator Pedal Recall and Suspension of Sales
Toyota Press Room Jan. 2010

List of Recalled Toyota Models
NHTSA Office of Defects Investigation Jan. 28, 2010

How To: Safely Drive a Recalled Toyota (Or Score a Loaner)
Car and Driver Jan. 27, 2010

Toyota recall Q & A: What to do if your car suddenly accelerates
Los Angeles Times Jan. 28, 2010

An Illinois resident originally from North Fort Myers, Florida was sentenced to 2 years in prison following a pedestrian car accident that left a Cape Coral boy with serious injuries.

According to news reports, three-year old Gage Root suffered several broken bones and other serious injuries in Oct. of 2008, when he jumped out of a child's wagon being pulled by his aunt and ran across a construction site on Del Prado Blvd near Kismet Pkway. The boy was struck and dragged by a vehicle that did not stop at the accident scene. Police identified the maroon Lincoln involved in the Florida hit-and-run crash as belonging to Kenneth W. Upmann, 43.

News reports state that Upmann had left Florida during the police investigation, but tips led authorities to his location in Warren, Illinois. He was extradited back to Florida. Last week, a Lee Circuit Court judge gave Upmann a plea deal of two years in prison and three years probation.

Fort Myers pedestrian accident lawyers follow cases such as this where people out for a walk in Florida are seriously injured or killed by hit and run drivers.

Construction zone accidents are unfortunately not all that uncommon. Safety advocates advise pedestrians, motorists, police, flaggers and road workers at construction sites to use extra caution to avoid car-pedestrian accidents.

(See related blog entry Report Sheds Light on South Florida Highway Construction Zone Accidents & Deaths).

Man accused of running over Cape Coral boy strikes plea deal
News-Press.com Jan. 14, 2010

Suspect in Hit-and-Run Accident from October Arrested in Illinois
CapeCoral.net May 8, 2009

A research paper to be published in 2010 by the American Journal of Obstetrics & Gynecology finds that "cesarean delivery was associated with decreased odds of all birth trauma...due to decreased odds of clavicle fractures..., brachial plexus..., and scalp injuries..." as compared to infants who were delivered through the vaginal canal. The paper (in press) was originally presented in at the District IV Meeting of the American College of Obstetricians and Gynecologists in Orlando, Florida, in Sept. 2008.

Brachial plexus injury and Erbs Palsy are paralyzing conditions that can arise when medical mistakes are made during child birth.

Along with shoulder dystocia, these types of birth injuries can occur during a difficult delivery process, for example when the infant's shoulder gets "stuck" -- resulting in nerve damage that can affect mobility and usage of the shoulders, arms, and hands.

Florida Erbs Palsy lawyers are versed in the medical liability, malpractice, and negligence issues surrounding these types of debilitating birthing injuries. Responsible doctors are aware of a patient's medical history and communicate with the mother about her birthing options, particularly when vaginal birth may cause difficulties (e.g., in overweight women or those who have experienced difficult vaginal births in the past).

The miracle of childbirth always comes with risks. The new journal article concludes that, "Infants delivered by cesarean are at risk for different types of birth trauma from infants delivered vaginally." A brachial plexus injury attorney who has worked with Florida families and injured children knows that mothers should be informed by their doctors and obstetricians of their risks and options prior to actually delivering their babies.

Route of delivery and neonatal birth trauma (Abstract -- Article In Press)
American Journal of Obstetrics & Gynecology Jan. 15, 2010

Citation: Moczygemba CK, Paramsothy P, Meikle S, et al. Route of delivery and neonatal birth trauma. Am J Obstet Gynecol 2010;202:x.ex-x.ex.

Related Web Resources

CDC: Reproductive Health

United Brachial Plexus Network

Floridians should check their medicine cabinets, handbags, desk drawers -- anywhere they might keep a bottle of Tylenol, a pack of Rolaids, or any number of other popular over-the-counter (OTC) medications. Manufacturer Johnson & Johnson has issued a large-scale product recall due to a musty smell that has sickened some consumers.

The December Tylenol drug recall was issued after consumers complained of a moldy smell coming from the product, causing nausea and other gastro-intestinal distress. The odor has been linked to a chemical used to treat wooden palettes used in product storage. This month, Johnson & Johnson expanded the recall to include other products including St. Joseph's Aspirin, Benadryl, Motrin and Rolaids. See link below to Product Recall List where consumers can search for their products' lot numbers.

Broward County, Florida defective product lawyers follow cases such as this one closely, when OTC medications or prescription drug recalls make the news due to people becoming sick, experiencing severe side-effects, or in some cases, suffering wrongful death (e.g., manufacturer Merck pulled its arthritis drug Vioxx from the market in 2004 after the drug was connected to heart attacks, a fatal skin disease, and serious intestinal problems).

The U.S. Consumer Product Safety Commission (CPSC) and the U.S. Food and Drug Administration (FDA) monitor product liability issues such as the Tylenol case, to protect consumer health and well being. The FDA posts a public list of medical product recalls on its website (see link below), including recalled drugs and medical equipment.

Tylenol recall expanded to Motrin, Benadryl, more
USAToday.com Jan. 18, 2010

McNeil Product Recall Press Release

Related Web Resources

McNeil Product Recall List

FDA 2010 Safety Alerts for Human Medical Products

This past week has been particularly dangerous and deadly on Fort Myers, Florida, area roads and highways. Florida Highway Patrol and news sources reported the following traffic accidents:

• On Tuesday, a car accident with a school bus occurred in Fort Myers Shores at Parkview and 5th Street, injuring three students and the bus driver. The driver of the motor vehicle that struck the schoolbus faces charges.
• On Monday, Nicholas Contessa, age 58, of Fort Myers, Florida, was killed on I-75 when he lost control of his vehicle following a tire blowout accident. The victim's car was the only vehicle involved in this fatal Florida highway rollover accident.
• Last Friday, a pedestrian was killed in North Fort Myers, Florida, in a hit-and-run accident on West North Shore Ave and Business 41; police were seeking the driver of a white van.

Fort Myers, Florida car accident lawyers may be consulted in cases where negligent or reckless driving may have contributed to serious traffic accidents resulting in injury or death.

Accident in Fort Myers Shores injures four
NBC-2.com Jan. 12, 2010

Victim in fatal Fort Myers I-75 crash identified
NewsPress.com Jan. 11, 2010

One person dead in North Fort Myers accident
NBC-2.com Jan. 8, 20108