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" »

Trampolines are a common feature in the backyards of homes with children across the country. According to the American Academy of Pediatrics (AAP), however, they pose a significant risk of injury to children and teens, including traumatic brain injuries and spinal fractures. Estimates of the total number of injuries caused by trampoline-related accidents every year extend into the hundreds of thousands. The trampoline was not originally intended for recreational use, but rather to train athletes and pilots. The AAP therefore advises against the recreational use of trampolines, especially in a home environment.

A competitive gymnast named George Nissen patented the trampoline in 1945 as a “tumbling device.” He intended to use it to train gymnasts and acrobats, and he expanded its use to include training of military pilots. Once manufacturers learned how to produce trampolines that could be broken down, shipped, and reassembled, the recreational trampoline was born. The AAP’s Council on Sports Medicine and Fitness published a study on trampoline safety among children and teens in the October 2012 issue of the AAP’s journal, Pediatrics. It estimates that nearly 100,000 injuries resulted from trampoline use in 2009, with about 3,100 hospitalizations and deaths.

The most common injuries resulting from trampoline use, according to the AAP, occur in the lower extremities. These account for one-third to half of all trampoline-related injuries, and largely involve sprains or fractures of the ankle. Injury to the cervical spine is a common result of trampoline accidents, caused when a trampoline user lands incorrectly or falls off the trampoline entirely. Between ten and seventeen percent of trampoline-related injuries consist of head and neck injuries, many of which resulted in some degree of physical or cognitive impairment. The AAP states that 0.5% of all trampoline accidents result in permanent neurological impairment.

Continue reading "Pediatricians Warn of Risk of Serious Injury to Children from Recreational Trampoline Use" »

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" »

With South Florida rainy season still in effect sometimes just "running into" a store can be hazardous. With the weather finally holding up this past week, previously the afternoon showers, made running into a pharmacy in Miramar a dangerous task for Simone B.
Approximately three weeks ago with the ususal afternoon showers, Simone had to stop off at a pharmacy after work to run an errand. She parked and was entering the store when she slipped on the wet floor just as she entered the door. There was no notification or the yellow cones that you normally see stating "BE CAREFUL WET FLOOR". Simone hit the floor really hard and paramedics was called out, by the Store Manager as did not want to move her as they were unsure of the seriousness of her injury. Simone was taken to the hospital where she was seen by a Dr and referred for a follow up visit to a Specialist. Simone's injury was not serious for hospitalization as she only bruised her coxic bone "tail bone", but was given time off as this type of injury can be extremely painful. Simone did the follow up to the Dr just to ensure that there was no additional injury.

Simone's slip and fall caused her loss of wages, and medical costs incurred from the follow up visits to the Dr. She sought legal counsel from a Personal Injury Attorney practicing in Miramar, FL to ensure she received proper compensation from her injuries sustained from the fall.

In Florida we come across numerous slip and fall cases or personal injury claims are filed against businesses due to their own error. Should you or a loved one find yourself in a similar situation always seek legal counsel to ensure you are properly compensated. Contact us online or call us at 954 431 8100 or 305 624 9186 to set up a FREE consultation to discuss your legal options.

Florida's football team lost a player at least temporarily in early November, when third-string quarterback Cameron Newton was involved in a car accident. The Miami Herald reported that Newton's vehicle was rear-ended by a truck on Election Day, putting him in a neck brace and taking him out of the following day's practice. The News-Press of Fort Myers added that Newton suffered from headaches the next day. Fortunately, his coaches believe his injuries aren't serious.

Both papers reported that Newton's injuries ended up being more serious than his coach originally had thought. As an experienced Florida auto accident lawyer, I am not surprised. Because he plays for a top football team, Newton is probably very cautious about his health, but many people who are rear-ended don't realize right away that they're injured. That's especially true if they have minor head injuries, or minor neck injuries like Newton's. It's only in the next week or so, after they start noticing pain and other symptoms, that they finally see a doctor.

This delay can hurt not only their recovery, but also their insurance claim. Because some insurance companies will take any excuse not to pay expensive claims, delaying your claim may be taken as evidence that you are lying or exaggerating your injuries. It doesn't matter that you were honestly feeling fine, or that even doctors say symptoms of concussions and whiplash-like neck injuries don't always manifest right away. This is why I, as a Florida car accident attorney, tell my clients to start their insurance claims as soon as they reasonably can. It is much better to be perceived as fussy or a hypochondriac than it is to be stuck with tens of thousands of dollars in medical bills that you have already paid an insurance company to cover.

Rear-end accidents are notorious for causing painful and expensive neck injuries, even at parking speeds. Insurance companies are notorious for downplaying or even outright refusing to cover those injuries. If you're a victim of this type of accident, it pays to be as careful as possible about your medical treatment and how you interact with your insurance company. But if you feel your insurance company isn't treating you fairly after you've made a claim in good faith, you still have rights. To speak with an experienced Florida attorney about those rights and your case, please contact my firm, Cohn, Smith & Cohn, for a free consultation.

This week (Nov. 10-16) is Florida Spinal Cord Injury Awareness Week, and the South Florida Sun-Sentinel noted the date with an inspiring article on former auto racer Darrell Gwynn. Gwynn, a National Hot Rod Association champion and son NHRA champion Jerry Gwynn, was paralyzed in 1990 in a racing accident. He also lost his left arm in the crash.

However, Gwynn declined to let his injuries stop him from living his life. After spending more than six months in hospitals and eventually recovering from his accident, he took on the responsibility of managing his racing team. In 2002, he started the Darrell Gwynn Foundation, a nonprofit organization for people with spinal injuries. In addition to providing wheelchairs and other medical equipment to those who can't afford them, the foundation helps to fund research to cure spinal injuries and teaches young people how to avoid a serious spinal injury. In fact, it was the foundation that successfully lobbied our state legislature to recognize Florida Spinal Cord Injury Awareness Week.

Gwynn told the Sun-Sentinel that he has two great passions in his life: racing and fishing. He combines those passions by helping to run the Hot Rods & Reels charity fishing tournaments, two Florida events that bring together recreational anglers with NASCAR drivers. One, at Homestead-Miami Speedway, will take place this Saturday, Nov. 15. The funds it raises benefit the Darrell Gwynn Foundation as well as Speediatrics, an organization that aims to ease children's stays at two Florida hospitals by adding racing themes to their children's wards.

Spinal cord injuries are extremely serious, life-changing injuries. The spinal cord is an essential part of the human nervous system, and when it's damaged, the victim can be partially or completely paralyzed. That means becoming wheelchair-bound, relearning some of the most basic tasks of life, and sometimes having to change or abandon a career. It also means lifelong medical care and a higher risk of certain medical problems. If the injury was caused by someone else's carelessness, victims can and should hold that person legally responsible for the results with a Florida spinal cord injury lawsuit. If you'd like to speak with an experienced Florida attorney about making this type of claim, please contact my firm, Cohn, Smith & Cohn, as soon as possible for a free consultation.