Florida Accident Attorney Blog

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

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 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

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

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

Florida consumers should be wary of any toys purchased or received as holiday presents that may pose safety hazards to children. The U.S. Federation of State Public Interest Research Groups (US PIRG) has published the 24th Trouble in Toyland report and interactive website that allows parents to search for toys that may cause personal injury to children (see links to resources below).

In addition to monitoring child product liability recalls posted by the U.S. Consumer Product Safety Commission (CPSC), the US PIRG lists toys still on store shelves that could pose danger to children. The group's website states that toys on their list may pose choking hazards, emit overly loud sounds, or contain potentially toxic chemicals.

Fort Lauderdale, Florida product liability lawyers keep up-to-date on recalls including toys and other products that could be harmful to children. In addition to toys being recalled for safety hazards in 2009, a number of other child product related recalls made headlines:

> The Dorel Juvenile Group recalled 447,000 infant car seat carriers with the Disney and Eddie Bauer logos, due to risk of the seat carrying handles breaking.

> The Consumer Product Safety Commission renewed its recall of Simplicity Drop Side Cribs (first recalled in 2007) after another child death occurred, bringing the total to 11 child deaths. The 2009 recall states that babies may suffocate if they become trapped by the sides of the crib, which drop down to allow access.

> In a related drug product recall, Proctor & Gamble recalled 700,000 packages of Vicks Dayquil Gel Caps because the packaging was not child proof.

Baby car seat carriers recalled
Gainsville.com Dec. 19, 2009

CPSC: Simplicity Drop Side Cribs Recalled by Retailers Due to Risk of Death from Suffocation
CPSC.gov July 2009

Vicks Dayquil recalled because packaging isn't child-proof
CNN.com Dec. 18, 2009

Related Web Resources

U.S. PIRG websites:

Toy Safety homepage

Toy Safety database and unsafe toys 2009 list

Consumer Product Safety Commission child product recalls

A CBS News investigation revealed that China may not be the only country that has manufactured defective drywall construction products, which have made hundreds of Floridians and other homeowners in southern states sick -- and left their homes in shambles. Some have even abandonned their homes, which they feel are no longer safe or fit to live in.

Chinese drywall manufacturers have been under scrutiny since earlier this year, when homeowners in communities such as West Palm Beach, Florida, began noticing foul-smelling fumes emitting from their walls. (See related blog item from April '09, South Florida Construction Product Liability: Faulty Chinese Drywall to Be Tested.

The CBS report, released last month, asserts that some U.S. companies may also be responsible for manufacturing faulty dry wall that crumbles and gives off noxious, foul-smelling, sickening fumes. The defective product also causes electrical wiring to corrode. To add insult to injury, some home owners are reporting that their insurance companies are not only denying their claims for damage caused by the faulty drywall, but they are cancelling their homeowners' policies. And because scam artists like to prey on people in desperate circumstances, the Federal Trade Commission issued an alert in Dec. warning homeowners against fraudulent offers of faulty drywall tests (see link below).

A number of lawsuits have been filed on behalf of homeowners against American construction product manufacturers, including Georgia Pacific and National Gypsum.

Florida product liability lawyers are familiar with laws and regulations as they relate to the manufacture of construction products such as drywall used to build homes. Drywall became popular in the 1950s as an inexpensive and lightweight construction material, used as an alternative to plaster for framing walls.

Beware of Bogus Tests, Inspections, and Fixes for Damaged Drywall
Federal Trade Commission, Dec. 11, 2009

Homeowners Charge U.S. Made Toxic Drywall
CBSNews.com Nov. 23, 2009

Related Web Resources

U.S. Consumer Product Safety Commission: Drywall Information Center

Florida Dept. of Public Health: Dry Wall

Florida drivers should be aware of an ongoing large-scale defective auto product recall issued by Toyota/Lexus, which affects popular models including Camry, Avalon, Prius, and Tacoma vehicles manufactured between 2004 and 2010 (see link to advisory, below, for exact models and years). It is the largest product recall in Toyota's history affecting millions of vehicles.

The recall occurred following a highly publicized fatal car crash in California in August, where a 2009 Lexus reached speeds of 120 mph when the gas pedal became stuck in the open position. NHTSA attributed the problem to the accelerator pedal becoming snared by an ill-fitting removable floor mat. The family in the Lexus placed a frantic 911 call prior to crashing into an SUV, flipping and bursting into flames. The crash killed the vehicle's driver and occupants: an off-duty California highway patrol officer and three members of his family. The L.A. Times reported that the Lexus involved in the accident was a loaner car from the dealer, and that the floor mat was improperly installed.

Toyota has stated that it will change the length of the gas pedal and the shape of the floor underneath it to avoid future motor vehicle accidents. In addition, Toyota will replace any of its floor mats in the affected models with new floor mats. The Toyota newsroom issued instructions of what drivers should do to avoid a car accident if their gas pedals become stuck. However an investigation by ABC News reported up to 2,000 consumer reports of "runaway" Toyotas, leaving some safety experts and dealers to question whether the car manufacturer's planned solutions will fix the root problem.

A Florida auto product liability lawyer is familiar with laws and safety regulations put in place to protect consumers from being injured or killed due to automotive product defects. Defective tires is another area of motor vehicle safety concern that makes news headlines whenever a tire recall is issued.

NHTSA's SaferCar.gov website provides a searchable database for consumers to check for product recalls related to their vehicles or tires.

Toyota Announces Details of Remedy to Address Potential Accelerator Pedal Entrapment
Toyota Press Room Nov. 25, 2009

Toyota Recall Fails to Address 'Root Cause' of Many Sudden Acceleration Cases, Safety Expert Says
ABC News Investigation Revealed Over 2,000 Complaints of 'Runaway Toyotas'
ABCNEWS.com Nov. 25, 2009

New details in crash that prompted Toyota recall
L.A. Times Oct. 25, 2009

Related Web Resources

Toyota/Lexus Consumer Safety Advisory:
Potential Floor Mat Interference with Accelerator Pedal (Models & Years listed here)
Toyota Press Room Sept. 29, 2009

Toyota recalls 3.8 million vehicles
Potentially dangerous floor mats cited for company's largest U.S. recall
MSNBC.com Sept. 29, 2009

Anyone who's experienced a flat tire on Florida's roads and highways knows how important it is to have a good spare. But is that full-size spare tire that's been stored in the back of your car, truck, or SUV, unused for years, really safe? Your spare may look new, as it's never hit the pavement. But there's a potential danger that many Florida drivers are unaware of -- one that can cause serious and even fatal car accidents.

Aged Tires and Tire Blowout Accidents
Tires that look brand new may actually have been manufactured many years ago. "Every tire has a code and is stamped with the exact week and year in which the tire was made," said Attorney Jason Chalik in an interview conducted at the University of Miami. "The average consumer doesn't know that." To learn more about how to find the tire manufacturer date code on your tires, visit our Tire Date Coding and Safety webpage.

As experienced Florida tire product liability lawyers, the Chaliks have studied the factors that affect tire safety and tire defects, as well as tire date coding and the perils of driving on a spare that may look new but in reality, is old and unsafe. "We are currently handling the case of a young man who was driving on I-595, and the rear passenger tire tread completely fell apart," said Attorney Debi Chalik. "The entire tire unraveled. The tire was the original spare tire with the vehicle. It happened to be 10 years old at the time of the accident. What we learned through the case is that even though that tire had never hit pavement before, and the tread looked perfectly fine...the inside of the tire actually corrodes over time."

Added Attorney Jason Chalik: "We believe there should be an expiration date; that a tire that has not been driven and is six years old or more is unsafe to drive. With the heat of Florida, the rubber deteriorates." For video of the full interview, visit our Firm News / Successes page and see "Debi Chalik and Jason Chalik Discuss Tire Safety," Comcast Newsmakers, January 2009.

For more general information on tire recalls and defective tires, please visit our Tire Defects webpage.

Related Web Resources

NHTSA: Vehicles and Equipment: Tires

SaferCars.gov: Tire Safety Ratings Database

The National Highway Traffic Safety Administration (NHTSA) released its list of Safety Defect/Noncompliance Notices for August 2009. While no notices were listed under the specific category for Tires and defective tires, a related item on tire pressure safety appears under Vehicles.

Jaguar is recalling 34 of its luxury XF cars, year 2010, because the tire placard label information regarding air pressure does not correspond to the tires on those cars. Incorrect tire inflation can cause vehicle instability, which in turn can lead to serious car crashes. The Jaguar recall commenced on Aug. 19, 2009. Other NHTSA motor vehicle related recalls for the month included...

• Curt Class 1 receiver hitches, P/N 11500, which were sold for use on Nissan Infiniti EX35 crossover SUVs years 2008 - 2010. The car bumper may pull away from the frame if the hitch is at maximum load, which could lead to serious traffic accidents.
• AFX recalled certain FX-28 motorcycle helmets that failed to comply with federal safety standards for penetration. When a motorcycle accident occurs, the operator's helmet may be the one thing that saves his or her life. The recall is scheduled to begin in Sept. 2009.

While it doesn't make the news headlines as often as the issue of defective tires, aging tires and tire date coding is also a safety concern for motorists.

A Florida defective tires lawyer is familiar with product liability and consumer safety protection laws as they relate to the performance of motor vehicle tires, and other products and equipment essential to the safe operation of our cars, trucks, SUVs, and motorcycles.

SAFETY DEFECT/NONCOMPLIANCE NOTICES
RECEIVED DURING AUGUST 2009 (PDF file)
NHTSA Monthly Recall Reports, Sept. 2, 2009

Related Web Resources

NHTSA Defects & Recalls: Monthly Recall Reports

Jaguar USA

Curt Manufacturing

AFX North America

Parents of children who own and play with Little Tikes™ Workshops Sets and Trucks should be aware that the U.S. Consumer Product Safety Commission (CPSC) has issued a product recall on those items, due to potential choking hazards.

The Little Tikes company of Hudson, Ohio, issued the recall of its toy workshop sets and toy trucks because oversized plastic toy nails may pose a choking hazard to children. The recall came as a result of a South Carolina boy getting one of the plastic nails lodged in his throat. According to news reports, the child is expected to make a full recovery.

The company indicates that the affected products (see link below for a full list) were sold at Toys “R” Us and other retail stores and websites from March '94 - June '09, at prices between $25 and $100. Consumers may contact Little Tikes for replacement nails that meet CPSC safety standards.

Florida product liability attorneys are aware of national product recalls such as this one, where the CPSC alerts news media and the public once it becomes aware of potentially dangerous products and products that have actually caused injury or death.

Dangers in Your Florida Home?: Other Defective Product Recalls
The CPSC offers a searchable database where consumers may find out what products in their homes may have been affected by hazardous product recalls. So far in August '09, the CPSC has issued more than a dozen recalls of a variety of defective products sold at national stores -- from child booster seats to exercise equipment to paper towel dispensers to Wii™ battery recharge stations (link below to list of August recalls of products that could cause personal injury or death).

Little Tikes™ Recalls Children’s Toy Workshop Sets and Trucks Due to Choking Hazard
News from CPSC Aug. 13, 2009

Little Tikes Workshop Sets, Trucks Recalled
Toy Nails Pose Choking Hazard
WSBTV.com Aug. 13, 2009

LittleTikes.com: Products Affected by Recall

Related Web Resources

US Consumer Product Safety Commission: Toy Hazard Recalls

US Consumer Product Safety Commission: August 2009 Recalls and Product Safety News

Florida pediatrician Howard Engle ran a successful medical practice for decades in Miami Beach. He was also a lifelong smoker who reportedly tried to quit multiple times. Lawyers determined that his trying and failing to kick the habit made him a good candidate to lead a class-action lawsuit.

As the lead plaintiff in what become known as the "sick smokers of Florida" lawsuit, Dr. Engle made history in 2000 when a Miami jury awarded $145 billion in punitive damages against the tobacco companies. Engle died July 22 in his Miami Beach home at age 89 from smoking-related respiratory ailments, according to news reports. He was finally able to quit last fall and had been receiving hospice care, his family stated.

Engle's class-action claim against the tobacco companies made legal history due to the size of the multi-billion-dollar award. The verdict was later overturned and made null by the Florida Supreme Court, which determined the award to be excessive and ruled that thousands of smokers covered by the case must prove their damages on an individual basis. Those personal injury cases are currently being tried across the state of Florida.

An experienced Florida injury attorney may be consulted by individuals and families who believe they have suffered medical problems or lost a family member due to product liability or defective products. The Centers for Disease Control and Prevention (CDC) reports that about 443,000 deaths in the U.S. every year are linked to smoking-related diseases.

For years cigarettes have been the focus of product liability complaints and lawsuits, including people seeking damages for ailments caused by second-hand smoke. Other cigarette lawsuits are in progress in U.S. and Canadian courts -- in some cases attempting to hold tobacco companies accountable for "inappropriate marketing" that misleads consumers about the risks. Dr. Engle reportedly told the press that he started smoking as a medical student to mask the smell of the cadavers they used to learn anatomy. He also stated that as a young man in the 1940s, he received cigarettes from representatives of major tobacco companies handing out free samples on the streets.

Howard Engle, who led historic class-action tobacco lawsuit in Miami, dies at 89
SunSentinel.com July 26, 2009

Howard Engle dies at 89; lifelong smoker filed landmark suit against tobacco companies
Los Angeles Times, July 25, 2009

Related Web Resource

CDC: Office on Smoking and Health

The National Highway Traffic Safety Administration (NHTSA), Office of Defects Investigation, announced that the following defective tire recalls will begin in July:

• Bridgestone Americas Tire Operations (BATO) is recalling 127,183 Firestone FR380 tires, size P235/75R15, made between Sept. 9, 2007 -- July 2, 2008. The problem identified is "insufficient tread base guage," which could lead to vibration, tread cracking and separation, and loss of vehicle control, which in turn could cause Florida traffic accidents. The company will replace owners' tires free of charge.
• Kumho Tire USA is recalling 36,292 Kumho Mohave A/T light truck all terrain tires, sizes LT225/75R16, LT245/75R16, and LT265/75R16, made from Dec. 7, 2008 -- June 13, 2009. The problem relates to how the tires handle on the roadway -- under heavy loads the tires may cause swaying which can lead to motor vehicle crashes.

A Florida product liability lawyer keeps current on faulty tire recalls and other product recalls, in addition to the laws in place to keep consumers safe in their homes and while driving their cars.

Defective tires have led to personal injury and death on Florida's roads and highways, and across the USA. In 2000, Firestone was the subject of the largest national tire recall in U.S. history: 13 million tires were removed from Ford Explorers due to tread separation that caused rollovers and other fatal car SUV and truck accidents. Firestone Wilderness AT tires were the focus of the problem. Though these faulty tires were recalled, safety advocates remain concerned that older defective tires may still be used in some vehicles, possibly as spare tires.

SaferCar.gov: SAFETY DEFECT/NONCOMPLIANCE NOTICES RECEIVED DURING JUNE 2009

Firestone Tire Recall, Eight Years Later
CBS4.com May 8, 2008

Related Web Resources

NHTSA: Monthly Recall Reports

Firestone Tire homepage

Kumho Tires homepage

A South Florida boating accident that cost a Naples grandmother her eye and caused other permanent injuries is heading to court.

According to news reports, Audrey Decker, 64, was taking a sunset cruise with her husband in their Boston Whaler when she fell overboard and was struck by the boat's propeller. Mrs. Decker was taken by medical helicopter to Lee Memorial Hospital in Fort Myers, Florida, for emergency treatment for serious damage to her face, arm, and breast.

A Naple news source reports that in the decade since the pleasure boat accident occurred on Lake Sapphire, Mrs. Decker's serious personal injury has required more than 40 surgeries. A civil lawsuit filed in 2002 alleges that the boat and motor manufacturers are liable, and that a propeller guard could have prevented her injuries. Mrs. Decker and her husband are scheduled to appear in Collier Circuit Court this week, for what is believed to be this court's oldest unresolved civil lawsuit.

Florida Boat Accident Fatality and Injury Statistics
A Florida boat accident attorney works with families when a loved one suffers injury or dies in a boating accident that could have been prevented. According to the Florida Fish and Wildlife Conservation Commission, more than a million boats are registered in the state of Florida (commercial and recreational craft), with another estimated 350,000 unregistered craft using Florida's waterways. Fatality and injury statistics:

• Seventy-seven (77) people died in Florida boating accidents in 2007.
• Falling overboard was the main cause of fatal accidents (38%) and drowning was the main cause of death (55%).
• 90% of the fatalities were men.
• 56% of fatal accidents involved boats of less than 17 feet in length.
• 376 injuries were reported for 2007 involving 949 vessels and 14 swimmers.

Lost face: Scarred and scared, boating accident victim heads to court in Naples
NaplesNews.com June 6, 2009

Related Web Resources

Florida Fish and Wildlife Conservation Commission: Boating Safety

Florida Boating License and Boat Safety Course: Boating Accidents

In an agreement with the U.S. Consumer Product Safety Commission (CPSC), Mattel and its subsidiary Fisher-Price will pay $2.3 million in civil penalties for toys made in China containing high levels of lead paint. Lead paint has been shown to cause injury when ingested and is banned in the United States. This defective products penalty is the highest of its kind imposed by the CPSC.

The Mattel civil penalty sheds more light over recent concerns by Congress that some Chinese-made products don't meet United States standards for consumer safety. Defective products originating in China from pet food to baby formula were pulled from U.S. shelves and came under FDA scrutiny when they were shown to contain ingredients that may be harmful to animals and people. The Mattel penalty involves importing and distributing non-compliant toys containing lead paint, including Sarge cars and Barbie accessories.

Experienced Florida product liability lawyers know how to interpret federal and state laws designed to protect consumers from faulty or defective products.

Other Defective Chinese Products: Faulty Drywall in Florida Construction
Earlier this year, we wrote about how some faulty construction materials made in China may be affecting people's health and the air quality in their homes. (See South Florida Construction Product Liability: Faulty Chinese Drywall to Be Tested.)

Senators are seeking funding to continue studying this problem in Florida construction liability and in home building around the country.

Mattel to Pay $2.3 Million Penalty for Toy Hazard
Bloomberg.com June 5, 2009

Senators Seek Funds for Chinese Drywall Study
Environmental Protection June 5, 2009

Related Web Resources

Mattel, Fisher-Price to Pay $2.3 Million Civil Penalty for Violating Federal Lead Paint Ban Penalty is highest ever for CPSC regulated product violations (CPSC press release)

U.S. Consumer Product Safety Commission (CPSC)

Consumer Product Safety Improvement Act

A Pompano Beach child celebrating his ninth birthday suffered serious burns at Palm Beach International Raceway, when the go-kart he was driving went out of control, flipped, and burst into flames. A news report stated that the child was trapped in the burning vehicle for about 30 seconds until bystanders rescued him. His nylon suit was not fire resistant, and the child was driving his own go-kart when the vehicle accident occurred.

The South Florida Sun Sentinel reported that although all parents are required to sign a waiver before their children use the kart track, the Palm Beach County Sheriff's Office was investigating this case. Following the accident, the boy was reported to be in critical condition at University of Miami/Jackson Memorial Burn Center

It is unclear whether Florida premises liability laws may come to bear on this case. The same news source reported that no track officials responded on scene immediately when the accident occurred. In addition, the Consumer Product Safety Commission (CPSC) was unsure whether the go-kart would fall under its jurisdiction for product liability; the CPSC monitors product safety for thousands of consumer products.

The CPSC issued a report on go kart safety in 2000, which estimated that 113 children under age 15 died as a result of go-kart accidents from 1990 to 1999. In the year 1999, an estimated 12,600 children under 15 were treated in hospitals for go-kart accidents. Most of the accidents involved boys age 8 or older and were a result of collision with other vehicles or with stationary objects, loss of stability, or falling from the vehicle. (Source: Go - Kart Related Injuries & Deaths to Children, CPSC, Sept. 2000.)

Since 1983, at least 9 drivers have died from crashes at Palm Beach International Raceway in Jupiter, Florida, which was once known as Moroso Motorsports Park. The track draws in tourists, racing fans, and other spectators who come to see drag racing, drift car racing, and other competitive racing events. Karting "arrive & drive packages" are offered to the public as a recreational activity.

Pompano Beach boy burned in Palm Beach County go-kart crash
South Florida Sun Sentinel May 27, 2009

Related Web Resources

Palm Beach International Raceway

U.S. Consumer Product Safety Commission

A Port St Lucie man seeking legal advice for an auto accident ended up on a Florida law firm conference room floor -- and winning a multi-million-dollar product liability lawsuit.

The ABA Journal reports that Robert Friedrich went to a North Palm Beach law firm in 2003 to seek legal counsel regarding a car crash incident. Friedrich reportedly suffered personal injury when the office chair he sat in collapsed, and he fell and struck his head. The plaintiff claimed the injuries he suffered when the office chair collapsed resulted in more than $200,000 in medical bills and his losing his employment of 16 years.

A Palm Beach County jury awarded the Florida man and his wife $2,230,569 in the case, apportioning liability for the man's injuries between the furniture store that sold the office chair to the law firm in 1998 (67.5%) and to the law firm that owned the chair (32.5%). The jury also determined that the original auto accident was responsible for 25% of the man's injuries.

The law firm released a statement saying the manufacturer of the chair should have been held completely responsible.

A search on the U.S. Consumer Product Safety Commission website (see link below) displays a number of alerts regarding high chairs, lawn and patio chairs, stackable chairs, recliners, and other types of chairs that have been recalled in the past for collapsing hazards. Florida product liability attorneys are familiar with safety laws and regulations that protect consumers from defective products.

Would-Be Client Wins $2.2M Verdict in Law Office Chair-Collapse Case
ABAJournal.com May 7, 2009

Furniture failure verdict nets fortune
WPTV.com May 7, 2009

Related Web Resources

U.S. Consumer Product Safety Commission:

CPSC Homepage

CPSC Search Results for "Chair Collapse"

A spokesperson for an Ocala, Florida pharmacy has stepped forward to say that a supplemental medication it prepared for the Venezuelan Lechuza polo team's horses may have been incorrectly mixed. Last weekend, 21 polo horses died while preparing for the championship polo matches in Wellington, Florida, leading some in the equestrian community to speculate whether the horses had been poisoned.

The Associated Press reports that a statement made by Jennifer Beckett of Franck's Pharmacy in Ocala said that "the strength of an ingredient in the medication was incorrect." The pharmacy, which came forward after conducting its own internal investigation, and the Lechuza polo team are cooperating with investigating officials. The Palm Beach County Sheriff's Office, the Florida Department of Agriculture and Consumer Services, and the U.S. Food and Drug Administration (FDA) are investigating.

Questions remain as to the ingredients used in the compound and whether the mixture was approved for use in the United States. The AP reports that the pharmacy mixed the prescription--written by a Florida veterinarian--to create a compound similar to a French-made mineral and vitamins supplement called Biodyl, which is used to treat horses for exhaustion. Many of the horses who died last Sunday expired within hours of being given the compound. The U.S. has not approved the use of Biodyl, and it is unclear whether issues of product liability will be relevant to this case.

It is also unclear whether any medical or pharmaceutical negligence occurred in the preparation of the medication given to the horses, nor whether any medication error lawsuits will be filed. The sudden deaths of these beautiful animals demonstrates what can happen when medication errors occur. Unfortunately, medication errors occur all too frequently. A Florida prescription error attorney represents families who believe they or a loved one may have suffered personal injury or perished due to medication errors.

The U.S. Polo Association website states that the Lechuza Caracas team has withdrawn from the U.S. Open Polo Championships. Equestrian sporting events bring commerce, tourists, and media attention to Wellington and Palm Beach County, Florida.

AP Newsbreak: Pharmacy made mistake in horse drug
Yahoo! News, Associated Press April 23, 2009

Ocala pharmacy says it incorrectly prepared medication for 21 polo horses that died
SunSentinel.com April 23, 2009

Related Web Resources

United States Polo Association

Palm Beach County Sheriff's Office

Florida Department of Agriculture and Consumer Services

U.S. Food and Drug Administration (FDA)

Florida Governor Charlie Crist is at the forefront of a federal investigation into imported Chinese drywall suspected of causing damage to Florida homes and posing potential health risks. The Chinese drywall, which investigations could prove to be a toxic defective building product, may have been used in the construction of many thousands of Sunshine State homes.

The Associated Press reported that months ago, families in West Palm Beach and other South Florida communities began noticing noxious odors in their homes and problems with wiring and other systems. Investigations revealed problems inside the walls of the Florida homes, suggesting that the drywall, imported from China, may be emitting sulfuric gases -- causing pipes and wiring to corrode, blackening silverware, damaging air conditioners, and posing possible health hazards.

According to news reports, estimates of as many as 35,000 homes in Florida may contain the faulty Chinese drywall and up to 100,000 homes in the United States. Lawsuits holding manufacturers, builders, and suppliers liable have been filed in Florida as well as Alabama, Louisiana, and Mississippi. The Florida Dept. of Health has logged hundreds of complaints related to the drywall. It is unknown whether builders working with the Chinese drywall have been exposed to any construction work related health hazards.

Florida's surgeon general along with the U.S. Consumer Product Safety Commission, the CDC and the EPA are involved in the investigation. A South Florida personal injury lawyer who is versed in state liability laws helps families who suspect their health may have been compromised by toxic products determine if a third party can be held liable. Legislators are being urged to ban the import of Chinese-made construction products until federal investigators can learn more about their makeup and safety.

Fla. to test air in homes with Chinese drywall
Yahoo! News, Associated Press April 18, 2009

Crist asks EPA, CDC for help with Chinese drywall
BayNews9.com April 4, 2009

Related Web Resources

Florida Dept. of Health: Imported Drywall

Florida Gov. Charlie Crist Letters to Congressman Wexler and EPA

The South Florida Sun-Sentinel reports that pain management clinics in Fort Lauderdale and Broward and Palm Beach Counties are under scrutiny for potential illegal activity surrounding distribution of prescription pain medications.

The report states that 130 pain clinics are in operation in South Florida -- 70 of which have opened in Broward County and Palm Beach County since January 2008. Of those 70, the report found that 48 clinics are owned by investors and not physicians. Police are stepping up efforts to examine activities at some clinics, which are under suspicion for taking part in the illegal sale of OxyContin and other painkillers as street drugs.

Doctors are pushing for a bill that would enable the state of Florida with more power to regulate investor-operated pain management clinics. The Sun-Sentinel reports that some pain clinics are offering gift cards and cash rewards for patients who refer other patients to the clinics.

A Florida personal injury attorney assists families in cases where an overprescription of drugs leads to physical injury, brain damage or wrongful death. In this case, the Sun-Sentinel learned that of the physicians staffing these pain management clinics under scrutiny, 14 had been disciplined for overprescribing drugs. The report also stated that more than 4,000 Floridians died from prescription drug overdoses in 2008 -- up 20 percent from 2007. Of the top 50 U.S. clinics known for dispensing OxyContin, are all in Florida -- with Broward County hosting 33 of them.

Nursing Home Medication Errors
Seniors who are trying to manage chronic pain due to arthritis and a host of other conditions are vulnerable to being given the wrong medication or too much medication, causing an estimated 800,000 "adverse drug reactions" every year. (Gurwitz, et al., Incidence and preventability of adverse drug events in nursing homes, The American Journal of Medicine, Aug. 1, 2000.) Nursing home medication errors is a concern for families who've placed their parents or grandparents in a long-term care facility and depend on nursing home staff to dispense medications and keep their loved ones safe.

South Florida pain centers that promote pill trade face scrutiny
SunSentinel.com April 7, 2009

Related Web Resource

AARP:Your Guide to Choosing a Long-Acting Opioid Analgesic for Chronic Pain