South Florida Injury Attorney Blog

Federal and state officials believe that a contaminated medication from a Massachusetts pharmacy is responsible for an outbreak of fungal meningitis that has killed at least twenty-four people and sickened more than three hundred. The pharmacy has ceased operations and issued a recall of the medication, and lawsuits against it have already begun. In some cases, victims are suing their health care providers along with the pharmacy in an interesting blend of products liability and medical malpractice theories.

The Centers for Disease Control and Prevention (CDC) has reportedly identified an infectious fungal species, Exserohilum rostratum, in multiple victims. This species can infect the spinal cord, causing fungal meningitis. Unlike the bacterial or viral varieties of meningitis, the fungal kind is not contagious between people. It spreads by direct contact with an infected surface or substance, such as soil, or through direct introduction to the bloodstream, such as through an injection. Symptoms often begin with a sore, stiff neck, and patients can develop headaches, nausea and vomiting, fever, confusion, and photophobia. In some cases, an infection can result in long-term injury or death.

As of October 24, 2012, the CDC and the U.S. Food and Drug Administration (FDA) had received reports of 328 cases of fungal meningitis, including twenty-four fatalities, in eighteen states. Florida has twenty-two reported cases, with three deaths. Vials of the injectable drug methylprednisolone acetate appear to be the source of the infection. The drug is a steroid-based anti-inflammatory prescribed for the treatment of back pain. The vials originated from the New England Compounding Center (NECC) in Framingham, Massachusetts, according to health officials.

Continue reading "Contaminated Medication Believed to Be Cause of National Fungal Meningitis Outbreak, Including Over Twenty Florida Cases" »

A federal statute regulating locomotive safety preempts a state products liability and wrongful death lawsuit, according to the U.S. Supreme Court. A former railroad worker, and later his estate, sued multiple companies, alleging that exposure to asbestos in their products while he was a railroad employee caused his cancer. In Kurns v. Railroad Friction Products Corp., 132 S. Ct. 1261 (2012), the Supreme Court affirmed lower court judgments dismissing the lawsuit due to federal preemption.

George Corson, the decedent, worked for nearly three decades as a machinist and welder for the Chicago, Milwaukee, St. Paul & Pacific Railroad. He worked in locomotive repair, installing brakeshoes; and in locomotive maintenance, removing boiler insulation. He ceased employment with the railroad in 1974, and received a diagnosis of malignant mesothelioma in 2005. He and his wife filed a lawsuit in Pennsylvania state court in 2007 naming fifty-nine defendants, including Railroad Friction Products Corporation (RFPC) and Viad Corp. The lawsuit alleged that RFPC distributed products containing asbestos, and that Viad succeeded a company that manufactured and distributed products containing asbestos. The plaintiffs asserted causes of action for defective design and failure to warn of danger. Corson died after filing suit, and the court substituted his executor, Gloria Kurns, as a plaintiff.

The defendants removed the case to the federal district court for the Eastern District of Pennsylvania. That court granted their motion for summary judgment based on the argument that the Locomotive Inspection Act (LIA), 49 U.S.C. § 20701 et seq., preempted state claims for damages. The statute, enacted in 1911, requires “railroad carriers” to maintain locomotive equipment in safe working order. 49 U.S.C. § 20701(1). The Supreme Court held that the LIA preempts state claims for injuries by both railroad passengers and rail workers in Napier v. Atlantic Coast Line Railroad Co., 272 U.S. 605 (1926). The Third Circuit Court of Appeals affirmed the district court’s ruling, and the plaintiffs appealed.

Continue reading "Supreme Court Finds that Federal Law Preempts State Asbestos Lawsuit: Kurns v. Railroad Friction Products Corp." »

A Connecticut woman on vacation in Pompano Beach, Florida died in a parasailing accident in August. Her harness allegedly failed, causing her to fall about two hundred feet to the water. The accident prompted an investigation by state and federal authorities, which is still underway. An organization that advocates for parasailing safety is calling for regulations related to the activity’s safety. Few regulations at the federal, state, or local levels address the many safety concerns surrounding the activity, which can be popular among beach vacationers in Florida.

Parasailing involves one or more people towed by a boat or other vehicle while harnessed to a parasail wing that resembles a parachute. As the vehicle moves forward, the parasailer is lifted into the air by the parasail. The parasailer has little to no control over his or her own movement while in the air. A sufficiently powerful vehicle can enable two or more people to parasail in tandem.

During the afternoon of Wednesday, August 15, 2012, a husband and wife were parasailing in a side-by-side harness, towed by a motorboat. The woman’s harness reportedly broke while they were between 150 and 200 feet in the air. The boat captain had to allow the man to descend before retrieving his wife from the water. She was pronounced dead at Broward Health North later that day, with blunt trauma and asphyxiation listed as the causes of death.

The Miami Herald reported on the captain of the boat, who has a valid captain’s license from the U.S. Coast Guard (USCG). The USCG is investigating the matter with the Florida Fish and Wildlife Conservation Commission. The National Transportation Safety Board (NTSB) also joined the investigation, making this the first investigation of a parasailing accident at such a high level of government. The investigation is reviewing both the equipment itself and the possibility of operator error. It remains unknown, therefore, whether defective equipment or negligence contributed to the accident.

Continue reading "Fatal Florida Parasailing Accident Prompts Calls for Formal Safety Standards" »

The alleged failure of software used to monitor police vehicles, which formed the basis of a wrongful death lawsuit against the software developer, is not covered by the developer’s liability insurance policy, according to the U.S. District Court for the Southern District of Florida in Maryland Casualty Company v. Smartcop, Inc., et al. The estate of a sheriff’s deputy killed in a police vehicle sued the software developer, and the developer’s insurance company filed a declaratory judgment action to establish its obligations to its insured. The court granted the insurance company’s motion for summary judgment on Friday, September 21, 2012, ruling that the underlying lawsuit was excluded from coverage under the policy.

Maryland Casualty Company sued Smartcop, which did business as Consolidated Technology Solutions (CTS), and Lazaro Guerrero, who represented the Estate of Melissa Powers, to determine its duty to defend or indemnify CTS in a state lawsuit filed by Guerrero. The state lawsuit arose from the death of Powers, a Monroe County sheriff’s deputy, in a car accident in Key Largo on the night of June 22, 2010.

According to the Orlando Sentinel, Powers was driving in emergency mode at about 106 miles per hour when she swerved to pass another vehicle. She reportedly lost control of her patrol car and hit a parked truck. Monroe County subsequently changed its policies regarding when its officers may drive in emergency mode. CTS had provided software to the county sheriff’s department to monitor its vehicles in 2002. Guerrero filed a lawsuit against various parties, including CTS, alleging that Powers’ death resulted from CTS’s negligent failure to maintain or update the software.

Continue reading "Florida Court Rules on Question of Insurance Coverage for Negligence and Wrongful Death Claim: Maryland Casualty Company v. Smartcop, Inc." »

A Florida federal court recently ruled on a question of whether an insurance company was obligated to defend or indemnify a construction company in a class action products liability lawsuit. The court granted summary judgment to the plaintiff insurance company in First Specialty Insurance Corp. v. Milton Construction Company in July 2012, finding that a Total Pollution Exclusion endorsement in the company’s commercial general liability policies excluded coverage for a claim regarding allegedly defective drywall.

The defendant, Milton Construction Company, is also a defendant in a class action lawsuit in the Eastern District of Louisiana, Block, et al v. Gebrueder Knauf Verwaltungsgesellschaft, K.G., et al, alleging both personal injuries and property damage resulting from defective Chinese drywall. According to the class action suit, sulfur compounds exited the drywall and injured people in the affected properties, such as eye and throat irritation, nausea, fatigue, breathing difficulties, and neurological damage. The compounds also allegedly damaged metal in the affected properties through “rapid sulfidation,” including air conditioning and refrigerator coils, electronic equipment and appliances, and copper wiring. Milton allegedly installed defective Chinese drywall in units at Miami’s San Lorenzo Condominium building, giving rise to claims in the class action lawsuit.

Milton had two commercial general liability insurance policies, issued by the plaintiff, First Specialty Insurance Corp., during the time period covered by the class action lawsuit. Both policies included coverage for “bodily injury” or “property damage” claims with a “Total Pollution Exclusion Endorsement.” The endorsement excluded coverage for injury or damage claims arising from the discharge of pollutants, defined as any “solid, liquid, gaseous, or thermal irritant or contaminant,” such as smoke, fumes, chemicals, or waste. Milton requested defense and indemnification from First Specialty in the drywall class action suit. First Specialty denied coverage under the pollution endorsement and filed suit in the Southern District of Florida seeking a declaratory judgment affirming its position.

Continue reading "Lawsuit Over Allegedly Defective Chinese Drywall Not Covered by Commercial General Liability Insurance Policy, Court Rules" »

The Eleventh Circuit Court of Appeals recently upheld a district court’s grant of summary judgment to the defendants in a products liability claim. The product in question, a propane-fired portable heater, allegedly caused the plaintiff’s house to catch fire when she used it indoors. At issue was whether the warnings included with the product were legally sufficient to notify plaintiff of the dangers of indoor use of the heater, particularly since the warnings were written in English in a largely-Spanish-speaking area of Miami. The district court, in granting summary judgment for the defendants, held that the warning met Florida’s standard for accuracy and clarity, despite any language barriers.

Plaintiff Lilybet Farias, a naturalized U.S. citizen from Cuba who primarily speaks Spanish, purchased two “propane gas-fired infra-red portable heaters” from Home Depot. She claimed that she used the heaters inside her house, not knowing of the danger of fire because she could not read the English-language instructions. On the night of February 9, 2009, she reportedly left a heater on and failed to close a valve on a gas tank. Her home caught fire that night. She claimed the damages equalled around $300,000. She sued the manufacturers of the heater, Enerco Group, Inc. and Mr. Heater, Inc., as well as Home Depot, in state court in Miami-Dade County on November 17, 2009. She alleged negligence and strict liability for failing to warn of a product defect against the three defendants.

The defendants removed the case to federal court that December based on diversity jurisdiction. Farias is a resident of Florida, while both Enerco and Mr. Heater have principal places of business in Ohio. Home Depot is a Delaware corporation. The U.S. District Court in Miami granted the defendants’ motion for summary judgment on November 19, 2010, finding that her claims of inadequate warning were barred as a matter of law.

Continue reading "Florida Portable Propane Heaters Had Sufficient Safety Warnings, Eleventh Circuit Rules" »

A federal judge in Miami has dismissed multiple claims without prejudice in a putative class action lawsuit against two football helmet manufacturers. The claim was filed by a father who purchased the defendants’ helmets for his two sons, both of whom are high school football players. Concern over injuries to youth in sports, particularly traumatic brain injuries and spinal cord injuries, has led to closer scrutiny of athletic equipment and more claims for damages when equipment malfunctions or defects cause injuries to players.

Most lawsuits rely on the legal theory of products liability, which holds the manufacturer or distributor of a faulty or defective product liable for damages caused by the product. In this case, the plaintiff pleaded breaches of contract and warranty, as well as violations of consumer protection statutes. The court found that he did not plead his claims with sufficient substance, but gave him until July 20 to amend the complaint.

Frank Enriquez filed suit against Easton-Bell Sports, Inc. (EBSI) and Riddell, Inc. in February 2012 over the line of football helmets known as Revolution Helmets. He states in his amended complaint that the defendants marketed the helmets as offering greater protection against concussions in young players, claiming a thirty-one percent reduction in the likelihood of concussion in athletes that used Revolution Helmets.

Continue reading "Miami Court Dismisses Consumer Claims Against Football Helmet Manufacturers" »

Well the weekend has passed and we are almost through the week, it's "Wednesday HUMP Day". I found this article about a gentleman in his 80’s who received burns whilst repairing a battery on a docked boat, last month in Fort Lauderdale. The article states that the Fire Marshall will be investigating and that the owner of the property could not be reached for comment.

Fort Lauderdale, FL (Sun Sentinel) — A man in his 80s suffered severe burns Wednesday afternoon while repairing a docked boat, a fire official said.

The man was repairing an 18- to 20-foot vessel docked in the 500 block of Coconut Isle Drive, and an explosion involving a battery occurred about 2:45 p.m., according to Matt Little, spokesman for Fort Lauderdale Fire Rescue.

The cause of the explosion will be investigated by a Fire Marshal, Little said.

The man, who remained conscious after the explosion, was taken to Broward General Medical Center, Little said.

Little said he had no additional information about the incident. The man's latest condition was unavailable. Friends or relatives of the property owner couldn't be reached for comment despite a message left at a listed number.

There are lots of events in this article that any Experienced Attorney will see that the injured gentleman has grounds to file claim. First I would advise him to seek legal counsel from an experienced Personal Injury attorney who is also experienced in premises liability; workplace and boating accidents. He should then get all his medical reports and the accident from the First responders to present to his legal counsel along with his rehabilitation records. Once he has all this in place his attorney of choice would be able to advise him as to what his legal options are and how to proceed to ensure he gets the compensation that he rightfully deserves.

Should you or your loved one find yourself in a similar situation you should immediately contact my office as I am experienced attorney in personal injury and premises liability to ensure you know your legal rights and get the compensation you deserve. Contact us online or via telephone 954 431 8100 or 305 624 9186. We have offices located throughout Broward: Fort Lauderdale, Coral Springs, Pompano Beach, Hollywood, Pembroke Pines, Weston; and Miami-Dade: Aventura.

Continue reading "Man in Fort Lauderdale receives serious burn injuries" »

Well, this story should be interesting to follow to see the different outcomes. Pfizer on Wednesday recalled approximately one million packets of birth control pills because of a packaging error. See article below for more information on these defective products.

WEDNESDAY, Feb. 1 (HealthDay News) -- About one million packets of birth control pills are being recalled in the United States by Pfizer Inc. because of a packaging error that could reduce the effectiveness of the pills and cause unintended pregnancies.

"This is extremely important," said Dr. Steven Goldstein, Professor of Obstetrics and Gynecology at NYU Langone School of Medicine in New York City. "It is absolutely essential that birth control pills be taken as intended, with 21 medicated pills in a row. Otherwise ovulation could take place and an unintended pregnancy is definitely a possibility." Read more

Dr. Jill Rabin, Chief of Ambulatory Care, Obstetrics and Gynecology, Head of Urogynecology at Long Island Jewish Medical Center in New Hyde Park, NY stated that women who determine that they do have the recalled contraceptive pills should first "ensure that you are not currently pregnant (by taking a pregnancy test) if you have any symptoms of pregnancy (missed periods/abnormal bleeding, etc)." They should also switch immediately to a non-hormonal form of contraception if they are not pregnant, notify their health care provider of the situation, and return the defective product to the pharmacy.

Apparently the cause of the error was identified and corrected immediately, according to Pfizer, it has also been reported to the USDA. The pills were manufactured and packaged by Pfizer and sold under the Akrimax Pharmaceuticals brand and distributed to warehouses, clinics and retail pharmacies across the United States.

As stated above should you determine that you have a been using one of the recalled pill packets, you should contact your Doctor immediately. Now what if you find yourself pregnant what happens then, after contacting your Doctor to discuss your options, you should also contact an attorney experienced is cases of defective products to ensure that you know your legal options and/or compensation. Contact us online or via telephone 954 431 8100 or 305 624 9186 for your FREE consultation telephone 954 431 8100 or 305 624 9186 for your FREE consultation.

We as South Floridians rely on manufacturers, distributors, and retailers to make and sell products that not only serve their intended purpose but are also safe for us to use. Whether we live in Hollywood, Pembroke Pines, or Cooper City, we want to rest assured that when we spend our hard earned money to buy a product, it will not be defective. When we go to a toy store in Margate and buy a new toy for our child or when we check out an electronics store in West Palm Beach to buy a new gadget for ourselves, we want to know that these purchases will not cause us, or more importantly, our children any harm.

However, defective and dangerous products have regularly caused serious injury and even death to people in South Florida. While we all must be careful in our lives and none of us would think to sue because we stubbed our toe with a toy left on the floor by our child, manufacturing and design defects in products or a product that fails to warn of danger can cause grave bodily harm.

If you have been seriously injured in any way by some kind of product you should immediately contact your South Florida personal injury attorney to find out what your rights are. Whether you were injured while using a drill to fix up your house in Hialeah, your car malfunctioned while driving in Fort Lauderdale, you were hurt while using a product in Margate that has been recently been recalled, were injured in any other way by a product you purchased for its intended use, you should contact your South Florida personal injury attorney immediately.

As a Fort Lauderdale car crash attorney, I have followed reports on unintended acceleration in Toyota cars with great interest. Auto industry watchers may remember that Toyota had to recall millions of cars after a series of investigations showed certain Toyota vehicles were accelerating without a clear cause, causing serious and sometimes fatal crashes. The automaker blamed incorrect floor mats and later “sticky” gas pedals, but some believe the real problem is with the car’ electronic throttle systems, also known as “drive by wire,” and with the lack of an override. Toyota is fighting numerous lawsuits from individuals who claim they were hurt in unintended acceleration crashes. Now, the Los Angeles Times reported Jan. 3, insurance companies have piled on with lawsuits seeking to recover money they paid to insureds involved in sudden acceleration crashes.

Altogether, seven insurers filed lawsuits Dec. 30 in Los Angeles Superior Court. They say certain Toyota vehicles have defects causing unintended acceleration, causing at least 725 crashes among their customers. The companies claim Toyota should have included an override feature that stops acceleration when the brake and gas are pressed simultaneously. The claims follow a similar lawsuit filed three months ago by a lone insurer, Allstate. All of the insurer lawsuits seek reimbursement for the money they paid in insurance claims to drivers involved in such crashes. Toyota consistently denies that defects in electronic throttles have caused any crashes. Its recalls for unintended acceleration problems focused first on problems with floor mats blamed for trapping gas pedals, then on “sticking” gas pedals themselves. Federal investigators have blamed some, but not all, of the accidents on human error as well.

As a Miami Gardens auto accident lawyer, I think it’s a good thing for individuals that insurance companies are getting involved. Drivers and accident victims won’t benefit directly if the insurers’ claims succeed -- but just the fact that the lawsuits were filed shows insurers believe the claim can succeed. That vote of confidence bodes well for the claims made by the individuals, which are mostly based on the same facts and legal theories. As the Times reported, federal records show Toyota discussed the possibility of an override system as early as 2007, two years before the first reports of unintended acceleration arrived. However, the company didn’t start installing the systems until 2010 -- and the technology has existed since the early 1990s. That failure to act could be perceived by juries as placing financial concerns over safety.

Continue reading "Insurance Companies Sue Toyota to Recover Costs of Unintended Acceleration Crashes" »

As a Davie product defect attorney, I have kept an eye on the Toyota recall. Last year, the automaker announced the largest recall in its history, of 4.3 million vehicles implicated in multiple reports of sudden and unintentional acceleration. In that recall, Toyota said improperly positioned floor mats were causing accelerator pedals to stick open, sometimes causing panicked drivers to launch into walls or over cliffs. The defect has caused at least 19 deaths, including the August death of an off-duty California Highway Patrol officer trained in vehicle safety and three members of his family. Now, the Los Angeles Times reported Jan. 23, Toyota is recalling 2.3 million more vehicles, saying a mechanical problem is causing the pedal to stick.

The new recall is raising eyebrows, the Times wrote, because Toyota had previously denied any problems other than the floor mat problem. The automaker didn’t explicitly say it no longer believed this, but most of the vehicles involved in the new recall are the same vehicles in the floor mat recall. Some safety experts quoted by the newspaper said they believe the real problem is actually Toyota’s “drive by wire” system, which controls acceleration through an onboard computer rather than mechanical parts. Toyota says the pedal can stick down when it gets worn. It doesn’t have a solution to the pedal problem yet, but has asked drivers who encounter the problem to apply the brakes and call a dealer immediately. Experts also suggest that drivers deal with unintended acceleration by turning off the car or shifting into neutral. Drivers can find more information from Toyota here and a list of vehicles involved in both recalls here.

According to the article, Toyota rejected the computer-bug theory when investigating an incident that led to the most recent recall. This recall is probably still good for drivers, but it disturbs me as a West Palm Beach defective product lawyer that Toyota didn’t investigate the idea that its drive-by-wire system could be the real culprit. In fact, it was basically forced to concede the pedal problem after a sudden-acceleration incident that seemed unrelated to floor mat problems. Mechanical parts are much cheaper to fix than computer systems -- but if computers are the problem, that hardly matters. If the expert quoted in the newspaper is right, Toyota’s failure to face the problem will continue to put people at risk until it’s impossible for the automaker to ignore it -- putting more lives in danger.

Continue reading "Toyota Announces New Recall Implicating Stuck Pedals in Sudden Acceleration" »

As a Hollywood auto product defect attorney, I was very pleased to read Dec. 26 that Toyota will recall 4.26 million vehicles to address reports of unintended, uncontrollable acceleration in late-model Toyota and Lexus cars and trucks. Responding to more than 1,000 incidents that caused at least 19 deaths, the company said it would change the shape of the gas pedals in seven models; replace floor mats that may cause the pedals to stick; and reconfigure on-board software to override the throttle when both the gas and the brakes are pressed at the same time. But according to a Nov. 29 article from the Los Angeles Times, many Toyota owners and safety experts believe these fixes miss the real problem -- the electronic throttle system that replaced mechanical throttles during this decade.

The electronic system, also called drive-by-wire, uses sensors and a computer system, rather than a physical structure like a cable, to determine how much pressure the driver is putting on the accelerator. According to the article, there was an average of about 26 complaints a year about unintended acceleration in 1999-2001 model year Camry and Lexus ES sedans. After the electronic throttle was introduced, that average shot up by five times, to 136 complaints a year, in 2002-2004 model years. Similarly, the average number of complaints about sudden acceleration in Toyota Tacoma trucks shot up by 20 times after the trucks got drive-by-wire. Toyota denies that the electronic system is to blame for the problem, but the only independent test of the electronic throttle -- conducted by the federal government -- found that engine speed surged when a magnetic field was applied to the computer.

Perhaps most damning was the article’s story about Eric Weiss of Long Beach, CA. After Weiss survived one sudden acceleration incident in his 2008 Toyota Tacoma, his dealer removed the floor mats. Months later, he was stopped at a red light when his truck -- without the floor mats -- began accelerating, requiring him to stand on the brakes to avoid another accident. He told the newspaper that he doesn’t want to drive his truck anymore, but doesn’t want anyone else to drive it either.

As a North Miami Beach defective auto attorney, I am disappointed and concerned by this news. If the allegations the article makes are true, Toyota has failed to address a life-threatening problem. The government’s records show that sudden acceleration events have killed at least 19 people, and caused many, many more accidents. Toyota is a popular brand in the United States, which means there are many millions of late-model Toyota and Lexus vehicles with the drive-by-wire system on the road. Even if only a handful have sudden acceleration problems, they could still cause dozens of deaths and catastrophic injuries. The Times reported elsewhere that the cost of the announced recall could easily be more than $250 million, which is a lot to pay for a recall that might not actually solve the problem. Under these circumstances, it seems wise for Toyota to delay action until it can eliminate the possibility of electronic throttle system defects -- or can eliminate the defects themselves.

Continue reading "Doubts Persist About Accelerator Problems as Toyota Recalls 4.26 Million Vehicles" »

As a Pembroke Pines auto accident attorney, I was sorry to see reports of a serious accident affecting four students from Marjory Stoneman Douglas High School in Parkland. According to a Nov. 16 article in the South Florida Sun-Sentinel, Anthony Almonte, Sean Maxey and Robert Nugent died just after midnight on Sunday morning after their vehicle crashed through a guardrail and into a canal off Broken Woods Drive in Coral Springs. The fourth teen in the car, 15-year-old Evan Sinisgalli, was able to escape and stumble to the shore, where he called to neighbors for help. The four were out celebrating their high school’s homecoming weekend.

The accident may have been a mistake by Maxey, the driver, who had had his license for less than a month. Maxey reportedly had a fender-bender with another driver when trying to make a turn from Broken Woods onto University Drive. After that crash, Maxey put the car into reverse and apparently just kept going, traveling at least 242 feet and hitting a street sign before hitting the guardrail and going over the edge. Sinisgalli told police he had unbuckled his seatbelt after the crash, expecting to get out. The other young men were all wearing seatbelts when rescue workers found them drowned. Broward County’s Chief Medical Examiner said their injuries weren’t serious enough to stop them from trying to escape and suggested that water pressure may have made it difficult to open the doors.

My heart goes out to the families and friends of these young men. The victims’ friends say that they weren’t drinking, but suggested that Maxey may have been trying to flee the scene because he was out later than teenaged drivers are allowed under Florida law. This accident may have been a panicked overreaction by an inexperienced driver. But as a Tamarac car crash lawyer, I will be very interested to see whether the investigation turns up any defects in the 2007 Volkswagen they were using. Thanks to the Toyota and Lexus recall, we already know that electronic systems in late-model vehicles are suspected of causing problems, or exacerbating mechanical problems they were not designed to handle. If the rapid backward acceleration Maxey experienced was not intentional, he and his friends may have been victims of a serious safety flaw that could affect more Volkswagen drivers.

Continue reading "Three Teenagers Dead and One Injured After Unexpected Reversing Puts Car in Canal" »

As a South Florida product defects lawyer, I was disappointed, along with many other Floridians, to see an Oct. 29 report from the South Florida Sun-Sentinel on Chinese drywall. As I have written before, homeowners in Florida and around the U.S. believe the drywall is tainted with chemicals that make residents of the homes sick. A group of federal agencies, including the Centers for Disease Control and Prevention, the Consumer Products Safety Commission, the Environmental Protection Agency and the Department of Housing and Urban Development, set out to test that theory. The agencies found elevated levels of some chemicals. But as the Sun-Sentinel reports, the chemical levels found are not associated with human health risks. This answer has disappointed and angered many homeowners who feel driven out of their homes by the drywall.

During the housing boom in the middle of this decade, many builders ran out of American drywall and imported substitutes from China. After moving in, homeowners around Florida and the nation discovered terrible sulfurous smells and health symptoms including persistent headaches, corroded metal, breathing problems, frequent illness and complications of asthma. For some, the problems were so bad that they moved out. In all, the newspaper said, the problems have generated 1,900 complaints from 30 states, including 1,317 from Florida alone. The test results released in October are preliminary, involving just 10 homes in Florida and Louisiana as well as new, uninstalled Chinese drywall. Results of more thorough testing in 50 homes are expected by Thanksgiving.

As the newspaper notes, the federal studies have focused on the health effects of Chinese drywall -- not the financial effects on homeowners. But as our Parkland defective product attorneys know, the financial side of the problem is very real for the homeowners who are affected. Those in the article include one woman who is renting, but also paying her mortgage and homeowner’s fees, while waiting for an answer. Another homeowner moved his family into a rental while paying a contractor to rip out and replace their home’s drywall. Not surprisingly, these homeowners are frustrated by the government’s lack of conclusions or support. Florida’s Sen. Bill Nelson (D) has called for FEMA aid, but at the moment, homeowners are stuck being their own rescuers.

Continue reading "Multi Agency Federal Investigation of Chinese Drywall Defects Is Inconclusive" »

As a Broward County injuries to minors lawyer, I was relieved to see a happy ending to a South Florida case that got national attention. Firefighters from Key Biscayne and Miami spent a tense hour Aug. 24 rescuing a three-year-old girl who got stuck in a swimming pool’s drain. According to the South Florida Sun-Sentinel, the little girl was swimming under adult supervision in a backyard pool at a condominium building on Key Biscayne when her arm got stuck. Rescue workers eventually managed to free her, but had to cut a part of the pipe and attached concrete in order to do it. According to the paper, the girl’s hand was slightly crushed, but she was not seriously injured.

It was unclear how the unnamed little girl got stuck in the drain, but the suction created by the drain kept her, and rescuers, from being able to simply pull her arm out. Instead, they tried draining the pool to relieve water pressure, then realized that pressure was not the problem and began cutting out the pipe. While the firefighters worked, the girl’s parents jumped into the pool and helped hold her head above water so she could breathe. After she was freed, she was airlifted to a hospital for further treatment.

Safety advocates told the newspaper that the case underscores the importance of a new federal law intended to prevent just this kind of accident. The Virginia Graeme Baker Pool and Spa Safety Act requires public pools and spas -- including apartment and condo pools like this one -- to install dome-shaped or large and flat drain covers that children cannot get their hands into. Poolsafety.gov, a government Web site explaining the law, said the suction can entrap small children, causing deaths or serious brain damage due to drowning. The U.S. Consumer Product Safety Commission reported 83 swimming pool entrapments between 1999 and 2008, including 11 fatalities and 69 injuries. Nonetheless, safety advocates said pools around the nation, including the Key Biscayne pool, are not complying with the law, and states have not enforced it, suggesting there may be “a huge safety problem.”

As a Boca Raton child injury attorney, I am particularly concerned about this because South Florida is full of swimming pools, many of which are not in compliance with the Act or not obligated to be. However, manufacturers of swimming pool drains and equipment, like all manufacturers, have a legal obligation to make products that are safe to use and free of defects -- or at least warn their customers about potential safety problems. And operators of public and apartment-complex swimming pools are obligated to comply with the Act. In this case, failing to fulfill those duties puts children at risk of death, which I believe everyone can agree is unacceptable. When children are hurt as a result of this negligence, they and their families have a legal right to hold the negligent people legally liable for the injuries and the often-steep financial costs they cause.

Continue reading "Safety Advocates Call for Stronger Product Safety Enforcement After Key Biscayne Girl Entrapped by Pool Drain" »

Broward County health officials investigating a possible food poisoning death have ordered a country club to throw out a substantial amount of meat, the South Florida Sun-Sentinel reported June 15. The inspection of the Weston Hills Country Club’s restaurant was ordered after a member, Edward Nacht, died of an illness that set in after eating at the club. Inspectors have not found evidence connecting the incident with food poisoning, but they did find multiple health code violations. The investigation is ongoing.

Nacht, a dentist from Plantation, had played golf with three friends on the morning of June 3, then headed to the restaurant. All four people in the party had a chicken dish, and all four felt sick later in the day. Six days later, Nacht, an apparently healthy and active 65-year-old, died. The Sun-Sentinel reported that the cause of death was a massive bacterial infection, but the country club disputed that in a press release. Pointing out that no one else who ate chicken that day got sick, it suggested that the illness was viral.

Nonetheless, the state’s inspectors found 16 health code violations on a June 10 visit. The violation that led to discarding the meat had to do with a malfunctioning cooler, which let the temperature of the meat rise above the maximum 41 degrees for 12 hours or more. Other violations included allowing raw foods to touch; leaking coolers; improper hand-washing and a slimy ice machine. An inspection in April turned up similar problems.

As a Pembroke Pines defective products lawyer, I’m pleased that this case is bringing attention to the risk of food poisoning at restaurants. Most recent high-profile food poisoning scares, such as the Georgia peanut butter recall, had to do with food products intended for consumption at home. While those risks are real and serious, risks at restaurants can be even greater. Because they handle such high volumes of food and customers, restaurants run a much higher risk than home kitchens of accidentally serving contaminated food. The problem is only compounded by the disconnect between kitchen staff and customers, which can allow violations to go unnoticed longer.

Just like the manufacturers of food for home consumption, restaurants have a legal obligation to make sure their food is safe to eat. If they fail in that obligation, they could be legally liable for selling a defective product, just as food manufacturers would be. (Depending on the cause of the food poisoning, the restaurant might also, or instead, be guilty of negligence.) In a Hialeah food poisoning lawsuit, victims can claim all of the losses the tainted food caused for them, including the cost of medical bills and time off work, as well as compensation for their pain, suffering and any permanent disability or wrongful death.

If you believe a food manufacturer or restaurant’s carelessness gave you serious food poisoning, you should call our law firm, Cohn, Smith & Cohn, as soon as possible. Our Jupiter product defects attorneys represent people throughout South Florida who were seriously injured by a defective or unreasonably dangerous consumer product, including food products. We’re proud to say that, in more than 25 years of practice, we have helped hundreds of Floridians get the compensation they need to pay medical bills, make ends meet while recovering from a serious injury and eventually move on. To learn more about your options at a free, confidential consultation, please contact us online or call our main office at (954) 431-8100.

A trial has begun in Naples in a lawsuit alleging that design defects were responsible for a woman’s disabling and disfiguring injuries, the Naples Daily News reported June 8. Audrey Decker, 64, and her husband, 66-year-old Fred Decker, are suing boat engine manufacturer Boston Whaler over a 1999 accident in which Audrey Decker fell overboard, sustaining serious injuries when her body became entangled with the boat’s propeller. The case was contentious, with the judge in the case repeatedly warning defense attorneys that they would be penalized if they continued to reargue settled issues or personally attack the plaintiffs’ attorneys.

Fred Decker was cited for careless operation of his boat that day, with alcohol involvement, but no charges were filed. However, the Deckers’ claim is a South Florida products liability lawsuit, which means that the reason Audrey Decker fell overboard isn’t being disputed. Instead, the couple alleges that the boat was defectively designed because manufacturers didn’t include a propeller guard, an inexpensive part that keeps objects out of the path of the propeller’s sharp blades. The judge ruled that the case is about the “crashworthiness” of the boat -- meaning that, because boating accidents are foreseeable, the question is whether the manufacturer did enough to forestall serious injuries in accidents.

A June 6 article from the Daily News details the injuries Audrey Decker suffered in the accident. She lost her left eye, her left breast and part of her nose and lip in the accident. Doctors saved her left arm, but it’s heavily scarred and the slightest touch causes her pain because of nerve damage. Her face is heavily scarred and disfigured by the loss of fat and bone. She has had 40 operations since the accident, but children and adults still stare sometimes, making her reluctant to leave the house. She takes pain medication regularly and needs help performing household tasks. She can no longer work, and the Deckers sold their home to pay some of her medical bills, living in a trailer for two years before they could afford another.

The Daily News cited federal statistics saying Americans had 80 accidents with boat propellers in 2007, causing seven deaths and 75 injuries. As a Pompano Beach boating accident lawyer, I know that’s a tiny fraction of boating accidents -- the U.S. Coast Guard reported 685 deaths from recreational boating in the same year. The same report said 485 people fell overboard from any cause, suggesting that it’s easy for boating companies and boat parts manufacturers to anticipate falling-overboard accidents. As with all manufacturers in Florida, these boating manufacturers are legally obligated to design products that don’t pose an unreasonable risk, including a risk from a foreseeable accident. If they fail in that duty, victims have the right to hold them responsible for the results with a Miami-Dade product defects lawsuit.

If you or someone you love was seriously hurt in South Florida by flaws in any consumer product, you have the right to hold the manufacturer legally liable for the results. That includes design flaws, manufacturing problems and failure by the manufacturer to warn you about the dangers of using the product. Cohn, Smith & Cohn can help. Our Cape Coral defective product lawyers have more than 25 years of experience helping Floridians get justice after a serious accident. We can help victims win the money they need to pay medical bills; make ends meet while they cannot work; and compensate them for the painful and sometimes lifelong effects of a serious injury.

Our Davie product defect attorneys offer free, confidential consultations to all potential clients. To set one up, please call our main Hollywood office at (954) 431-8100 or contact us online today.

As a Hialeah defective products attorney I have followed news reports about problems with defective Chinese drywall with great interest. In short, regulators have seen a flood of complaints in the past year about defective drywall installed in their brand-new homes, generally those built between 2004 and 2008 and especially homes in South Florida. Residents say the foul-smelling drywall corrodes metal in their homes, forcing them to replace components of systems like air conditioners much more frequently than they should. More importantly, the defective drywall makes residents chronically ill, they said, giving them allergies, sinus infections, asthma attacks, chronic coughs and other cold symptoms that won’t go away.

The health problems are so bad for some families that they are forced to move out of their own homes and pay rent on another home. That was the story for the family featured in a May 6 article on CNN.com. Until recently, homeowner Amy Massachi lived in an 18-month-old, $1.2 million home in Parkland with her children and other family members, including a pregnant niece. But after more than a year of chronic visits from the family for sore throats, respiratory infections and bloody noses, their doctor advised them to simply move out. Despite the health risk, Massachi’s mortgage lender refuses to suspend her payments, leaving her obligated to pay off a home she now believes is worthless, along with rent payments.

According to CNN, authorities believe the problem is drywall imported from China during the housing boom. A test for the Florida Department of Health found volatile strontium sulfide in the drywall, which created the smell and the corrosive vapors when exposed to heat and humidity -- very common conditions in South Florida. Authorities don’t yet know how the compound is related to the corrosion and health problems, but multiple state and federal agencies are investigating, including the EPA and the U.S. Consumer Product Safety Commission, which has received more than 180 complaints about the drywall. The Florida Department of Health told CNN it had received more than 330 complaints.

The defective Chinese drywall has already spurred multiple product liability lawsuits, and as a Boca Raton defective products lawyer, I predict many more. CNN reported that as many as 30,000 homes across the U.S. may contain the drywall, and that adds up to hundreds of thousands of affected homeowners. Florida state law allows people who have been harmed by defective products like the drywall to sue manufacturers for deaths, serious injuries and any financial costs the flawed product required. In Massachi’s case and in many others, those financial costs could be as much as the cost of the defective home. Home builders and others who used the defective drywall might also be liable in a Miami defective product lawsuit.

If your family is experiencing serious physical and financial problems because of defective Chinese drywall, or any other dangerous product, Cohn, Smith & Cohn can help. We have more than 25 years of experience helping seriously injured Floridians get justice after they were seriously hurt by someone else’s negligence. We can help you win the money you need to pay the costs of chronic illness and multiple doctor visits, missed work and the cost of setting up an entire new home. And we offer free consultations, so you can learn more about your options without any further obligation. To set one up, please contact Cohn, Smith & Cohn online or call us at (954) 431-8100 as soon as possible.

Millions of drivers could be driving on tires that are likely to blow out without warning due to a safety defect. Tire valve stem manufacturer Dill Air Control Products announced Dec. 9 that it is recalling millions of tires with the defective stems, which were sold with cracks. About 200,000 tires are implicated in the recall, but because the manufacturer doesn’t know which ones are which, about two million are included in the recall. The affected tires were sold between November of 2006 and July of 2007 and should have the word “DILL” stamped on the cap of the valve stem (the area where drivers inflate their tires). If you have these tires, you can visit the retailer that sold you the tires for a free inspection and possible replacement. Detailed instructions and more information are here.

Unfortunately, the recall comes after a blowout blamed on a defective valve stem claimed the life of a Florida man. According to Orlando television news station WESH, Robert “Chip” Monk died in 2007 when a tire on his car blew out unexpectedly on Interstate 75. Blowouts can cause motorists to lose control of their vehicles, especially at highway speeds, leading to a serious accident. Monk’s wife, Sara Monk, hired an attorney who traced the cause of the accident to a defective tire valve stem imported from China. Dill Air Control Products admitted to Monk’s attorney that it knew about the problems in the summer of 2007, but did not tell federal regulators or the public until May of 2008. Sara Monk has sued.

This story is a sad example of the tragedies that result when we trust cars and auto parts that turn out not to be so trustworthy. Even the most careful drivers can’t avoid serious accidents if they’re driving with vehicles or parts that betray them. And when manufacturers fail to report problems, due to embarrassment or concerns about profits, they betray their customers a second time. Federal regulators are charged with investigating defects and ordering a recall whenever necessary, but unfortunately, they cannot be everywhere. Even so, thousands of consumer products are recalled each year, including cars and trucks and their parts and accessories, such as child safety seats.

Because of the risk that manufacturers will choose profits over customer safety, Florida laws hold manufacturers strictly liable for injuries caused by safety defects in their products. A Florida defective products lawsuit holds manufacturers legally and financially liable for the injuries they cause, including wrongful deaths and permanent disabilities. It can also help compensate victims for the losses they’ve sustained, including financial injuries like repair costs and missed work, as well as emotional losses like the loss of a loved one’s love and care. If you or someone you love has been hurt by a defective product and you’d like to learn more, you can contact my firm, Cohn, Smith & Cohn, for a free consultation.

A news report suggests that bad Christmas lights might be to blame for a house fire that destroyed a home early on Dec. 10. The owner of the home, Roberto Gonzalez, told Miami’s Local 10.com that he and his wife awoke at about 1:30 a.m. after they smelled smoke. The couple managed to grab their children, ages four and five, and escape the fire, but nearly everything in the home was destroyed. While the cause of the fire is still under investigation, the station reported the fire started near the family’s Christmas tree, and that a firefighter told Gonzalez that a faulty cord was probably to blame.

According to the American Red Cross, bad wiring (including wiring of electrical appliances) is a leading cause of house fires. With strings of lights appearing every day in honor of the holidays, that’s worth keeping in mind. When a string of Christmas lights or another electrical device comes with bad wiring, it’s a defective product just like a tainted food product or a child’s toy with lead paint. Florida law holds manufacturers of defective products legally liable for any injuries, deaths and financial damages the product flaws cost. Even if the manufacturer didn’t know about the product’s flaws, those who are hurt as a result may still fire a Florida product defects lawsuit.

House fires that take place at night pose special dangers, because the residents of the home are almost always asleep. If they don’t wake right away and can’t be rescued quickly, they can inhale so much smoke that they are unable to wake at all -- causing death from lack of oxygen, burns or very high temperatures. If rescuers get victims out in time, those victims may still have serious injuries, including brain damage from asphyxiation and serious burns. These are physically, emotionally and financially devastating injuries that often lead to permanent disabilities or disfigurement.

This family was fortunate enough to wake up in time to escape without serious injury, but they have still lost everything in their home -- a difficult prospect at any time of year. If it turns out that their fire was caused by a product with unsafe electrical wiring, they would have the right to sue the product’s manufacturer for their financial losses, including missed wages from time off work as well as the loss of their property. Our firm, Cohn, Smith & Cohn, has handled many such Florida defective products claims. If you or someone you love is in a similar situation and you believe it may be due to a defective product, we would like to help. To set up a free consultation with an experienced South Florida attorney, contact us today.

Up in the Tampa area, a tragedy was narrowly averted when two teenagers were rescued from a house fire caused by a malfunctioning clothes dryer. Around 2:30 a.m. on Sunday, a neighbor noticed flames in the home and called firefighters, who rescued a teenage girl, a teenage boy and a cat. Fortunately, the rest of the family wasn’t home. The boy remained at Tampa General Hospital, according to the report, but the girl has been released. I am delighted that nobody was killed and wish them a speedy and full recovery.

According to the article, the fire was started when the dryer overheated because of a clogged lint screen. But it was exacerbated because the house’s smoke detectors weren’t working, making them unable to warn the teens that they were in danger. House fires are the most common type of fire in the United States, according to the American Burn Association, and faulty electronic appliances or wiring are one of the most common causes of house fires (after cooking and smoking accidents). According to the U.S. Consumer Product Safety Commission, the federal agency responsible for monitoring product defects, clothes dryer fires caused more than 15,000 fires in one year, causing 20 deaths and 370 injuries.

If it turns out that the dryer was designed or manufactured in a way that made this fire unreasonably likely, that would make it defective -- which means this family would likely have a defective product lawsuit. Of course, they and every family should have working smoke detectors -- but as minors, the teens were hardly responsible for that omission.

The article doesn’t say what injuries the teen suffered, but statistically, they’re most likely to have smoke inhalation injuries and contact burns, both of which can be serious and life-threatening injuries. Severe burns can also leave their victims disfigured, causing discrimination from thoughtless strangers and necessitating years of expensive corrective surgeries. If you or someone you love has suffered these sorts of serious injuries because of a defective product, you have the right in Florida to hold the product’s manufacturer or seller responsible for the results. Contact Cohn, Smith & Cohn for a free evaluation of your product liability case.