Jacksonville Personal Injury Blog

The son of a Tampa fertility doctor is facing a civil lawsuit and has been indicted for first-degree murder. He is accused of giving his pregnant girlfriend a prescription for an abortion pill and telling her it was an antibiotic.

The 28-year-old man allegedly forged his father’s signature on a prescription form to obtain Cytotec — a pill that induces labor — and reportedly went so far as to re-label the pill bottle as containing the antibiotic Amoxicillan.

The woman, who did not have insurance, was taken to her boyfriend’s father who is a board certified obstetrician and gynecologist. During the office visit it was confirmed that she was pregnant. According to the woman, she was elated and wanted to keep the baby, even if it meant raising it alone. She claims she even had given it a name.

Shortly thereafter, the boyfriend allegedly brought his girlfriend some pills, claiming that his father had told him she had an infection that needed antibiotic treatment. She took one of the pills and quickly started feeling abdominal pain and experienced bleeding.

The woman was hospitalized and lost the nearly seven-week-old fetus. Shortly thereafter, she sought a domestic violence injunction against the boyfriend.

Continue reading "Woman Files Civil Lawsuit Against Boyfriend in Abortion Pill Case" »

Holly Hill Police are reporting that up to three people may have been injured by two mixed breed pit bulls that escaped through an unsecured gate in a backyard and then went on a local attacking spree.

Police said they handled two cases that were directly attributed to the pit bull attacks, and that they later received a call from Halifax Health Medical Center that a third person, claiming to have been attacked by pit bulls, had gone to the emergency room via taxi.

The first attack occurred about 3 a.m. in the area of Walker and State Avenues. A 42-year-old pedestrian told police he came upon two mixed pit bull breed dogs that were acting aggressively. When he tried to run, they attacked.

The Daytona Beach News-Journal reports that the man was taken to Halifax Health Medical surgery where he underwent surgery for a severe bite to his lower leg. Police were unable to locate the dogs at that time.

The second attack occurred a couple of hours later, when the dogs also mauled a man walking to work. He suffered bites to his arms and legs and was also taken to Halifax Health Medical Center.

Continue reading "Two Dogs Go On Attack Rampage, Injure Three People" »

A National Transportation Safety Board investigation into a 2011 medical transport helicopter crash that led to the deaths of two Mayo Clinic employees and the death of the pilot/owner of the helicopter, has determined that the helicopter used in the flight was not certified to fly in the weather conditions it encountered.

The Florida Times-Union reports the Mayo Clinic in Jacksonville had contracted SK Logistics to fly a helicopter to pick up a heart needed for a transplant. Unfortunately, the helicopter never made the pick up, as it crashed into a 50-foot tree in a remote area in Clay County.

An ex-employee of the now defunct company said that the area where the helicopter crashed was known to often be foggy, and visibility could be near zero at 200 to 400 feet. It was determined that the helicopter used for the pick up was not certified for use under those conditions and was not equipped with an autopilot or radar altimeter.

Disturbingly, SK Logistics had a helicopter that would have been certified to make the flight, but it had been down for maintenance since August of that year. The crash occurred the day after Christmas in 2011.

Continue reading "Helicopter Involved in Fatal 2011 Crash Not Certified To Fly In Weather Conditions" »

A study just released by researchers from the Cohen Children’s Medical Center in New Hyde Park, New York claims that the number of teenagers killed in texting while driving accidents now surpasses that of teens killed in alcohol-related accidents.

Researchers crunched the numbers and estimated that texting while driving accounts for 3,000 teen deaths and 300,000 injuries annually. The Centers for Disease Control and Prevention (CDC) estimates that 2,700 teens died and 282,000 are injured in alcohol-related crashes each year.

A survey of 8,947 teenagers ages 15-18 revealed that an astounding 49 percent of teen boys had admitted that they had texted while driving and 45 percent of girls claimed they also participated in the practice.

And while one might assume that the practice might diminish as teens get older, the data showed the practice became even more prevalent as teens aged. While 24 percent of 15 year old teenagers admitted to texting while driving, a staggering 58 percent of 18-year-olds admitted to tapping out text messages while behind the wheel.

Continue reading "Study Claims Texting While Driving Now Leading Cause Of Teen Auto Deaths" »

Several U.S. senators are backing legislation on the Hill that would make it illegal for rental companies to lease or sell vehicles to consumers that are under manufacturer recall. Surprisingly, while it is illegal for automobile dealerships to sell vehicles that are under manufacturer recall, a loophole in the law currently allows rental agencies to rent or sell potentially dangerous recalled vehicles.

The personal injury liability attorneys at Farah & Farah in Jacksonville have learned that the just introduced legislation is called the Raechel and Jacqueline Houck Safe Rental Car Act of 2013. The bill was named for two sisters who died in a fiery and preventable wreck while driving a rental vehicle that had been recalled. The car they rented in 2004 had been recalled because a leak could cause a fire in the engine compartment.

The rental car company received the vehicle recall notice a full month before the tragedy, but rented the un-repaired car to the sisters nonetheless – with tragic results.

Sen. Charles Schumer (D-New York), who supports the bill, told Associated Press (AP), “Rental car companies are rolling the dice with passengers’ lives each and every time they rent a car that’s under recall. The practice has already proved tragic.”

Continue reading "U.S. Senators Want To Ban Rentals Of Recalled Vehicles" »

A new study, published in the May issue of Clinical Pediatrics, is claiming that over 4,400 children suffer injuries on amusement park rides each year. Since 70 percent of these injuries occur in the months of May through September, that means approximately one child is injured every two hours in some kind of amusement ride incident.

Researchers tracked 20 years of reports coming from over 100 hospitals nationwide, which made this study on amusement park ride injuries the most comprehensive to date. The study not only covered amusement parks, but also looked at fairs, carnivals and coin operated rides at malls, stores and arcades.

While a majority of the injuries were minor (bumps and bruises), nearly 1.5 percent of the children injured required hospitalization. The most injuries reported were caused by falls — with children falling on, in, off or against rides. It seemed to make little difference whether the ride was at a large amusement park or a smaller venue, as the injury rates were fairly evenly divided between the two.

The lead researcher of the study, which was conducted at the Center for Injury Research and Policy at Nationwide Children’s Hospital in Columbus, Ohio, said that the United States needs an improved system for monitoring amusement ride-related injuries.

Continue reading "4,400 Kids Injured Each Year in Amusement Park Ride Accidents" »

In the state of Florida, even if a person reaches a settlement with a negligent party, it doesn’t mean he or she will automatically collect the promised compensation — especially if the settlement falls under Florida’s “sovereign immunity” law.

The personal injury attorneys at Farah & Farah in Jacksonville recently discovered a story that exemplifies the complex and frustrating aspects of sovereign immunity protections in Florida — and underscores why you need an experienced and tenacious law firm on your side when dealing with a public entity.

In 2008, an elderly man was hit by a Palm Beach County School bus, and the school board agreed to pay him $1.9 million in compensation for damages.

Done deal. Right?

Wrong.

Because of Florida’s sovereign immunity law, the maximum a plaintiff can collect from a public entity is $200,000, plus an extra $100,000 for dependents where that applies. If the award is higher than that, a plaintiff now faces a byzantine process called a “claims bill.” In a nutshell, the Florida legislature must pass a special law to approve any higher compensation for a plaintiff. This requires the hiring of a lobbyist, finding sponsors, getting committee votes and seeking passage of the bill in the House and Senate.

Continue reading "Son Wants Florida Legislature to Act to Save Father’s Life" »

The first-ever Actos bladder cancer risk trial in the nation took two months to complete and ended with a jury awarding the plaintiff $6.5 million in damages.

It took the blink of an eye for the presiding judge to reject the jury’s decision.

In a post-trial ruling in Los Angeles, the California state judge threw out the award, saying a key expert witness’s diagnosis of the patient had been based on “speculation, conjecture and leaps of logic.”

Takeda Pharmaceutical, the manufacturer of the controversial diabetes drug, had asked the judge several times to throw out the expert’s testimony. Attorneys for the company claimed that other factors, such as smoking and age, contributed more to the plaintiff’s bladder cancer and not the use of Actos. They also stated there has been no solid proof that Actos even causes cancer, despite an FDA-mandated warning that the drug may raise the risk of contracting bladder cancer after a year of use.

The judge apparently agreed with Takeda’s contentions, saying that the studies the expert witness had relied upon were “unreliable” and did not prove that Actos was the causation of the plaintiff’s bladder cancer. He ruled that the testimony was therefore inadmissible.

Continue reading "Judge Throws Out $6.5M Damage Award in First Actos Trial" »

Amidst heated debate on both sides of the issue, the Florida Legislature sent a divorce reform bill to the governor that would cap alimony payments. The bill (SB 118) was recently approved by the House and had been approved by the Senate earlier in the month. It incorporates changes in divorce law that would eliminate permanent alimony in certain cases and would implement several other changes when factoring in alimony payments.

According to NorthEscambia.com, the bill would make alimony payment subject to a tiered system based on the length of a marriage. The legislation now before the governor would make it more difficult for a woman (or man) to receive alimony if the marriage lasted less than 11 years. For couples ending longer-term marriages, permanent alimony payments could still be a viable option. The bill considers 11-19 years a moderate-term marriage, 20 years or more is considered a long-term marriage.

Those who support the bill say that it is fair and would take the gamesmanship out of divorce. Rep. Elizabeth Porter (R-Lake City) said, “You shouldn’t be paying a lifetime of servitude on a short-term marriage.”

Continue reading "Florida Bill To End Permanent Alimony Goes To Governor " »

A 58-year-old Lakeland grandmother is dead and the family is suing CVS Pharmacy, alleging that she was given a wrong prescription for a powerful opoid pain reliever that should have gone to another patient.

According to the Lakeland Ledger, the woman filled four prescriptions at a CVS Pharmacy, but was given five medications in all. One of those medications, a prescription for hydrocone 5-500 mg, was not meant to go to her, but was meant for another patient.

A month after filling the prescriptions in April 2011, the woman was dead. The lawsuit claims the autopsy revealed that the woman had died of “multiple drug intoxication.” The suit has named CVS Pharmacy and CVS Caremark Corp. as defendants and is seeking more than $15,000 in damages.

This story comes on the heels of news that the Florida House passed a bill that would raise the number of pharmacy technicians that can be assigned to a pharmacist from a maximum of three to six. It would also eliminate the Florida Board of Pharmacy’s power to lower the ratio in cases where it sees problems.

Continue reading "Family Suing Pharmacy For Wrongful Death Over Botched Prescription" »

The boat accident injury attorneys at Farah & Farah in Florida have learned that a two boat accident in Bulls Bay near Boca Grande has injured two men — one of them was listed in critical condition.

The Florida Fish and Wildlife Commission (FWC) received a report that the two boats —one operated by a local fishing guide, and another boat operated by a Port Charlotte man — collided after the two boats, traveling in opposite directions, entered the same cut through between two small islands in the bay.

According to FWC, both boats were traveling about 30 mph when the drivers of both boats took evasive action to avoid the collision. Although a head-on crash was avoided, the two boats still struck each other, with the “brunt of the collision” being absorbed by one passenger in the fishing guide’s boat. He was thrown in the water and suffered head injuries and a shattered pelvis.

The captain of the fishing boat also suffered head injuries and could not relay his position to rescue authorities. Luckily, a heads up officer from the Lee County Sheriff’s Office marine division guessed where they might be and found them.

Continue reading "Two Boats Collide In Charlotte County, One Person In Critical Condition" »

A recent study conducted by researchers at the Harvard Medical School and published in the Journal of the American Medical Association found that hospitals are raking in huge profits when it comes to treating surgical complications, infections and other problems.

The study looked at an unnamed hospital chain in the southern U.S. in 2010 and the discrepancies between what the hospitals were paid if a patient didn’t suffer complications and if they did was nothing short of astounding. Patients who didn’t suffer complications averaged a 3-day stay at the hospital and an average bill of $18,900. Compare that with patients who did suffer some kind of surgical complication: they spent an average of 14 days in the hospital and paid an average bill of $49,400.

Five percent of the 34,256 surgical patients that were treated at the chain’s hospitals suffered at least one complication.

The co-author of the study told the Huffington Post that although hospitals don’t actively seek post-surgical complications, it is a troublesome economic model that actually rewards a hospital for failing to reduce those complications.

Continue reading "Study Finds That Hospital Profits Linked To Surgical Complications" »