Jacksonville Personal Injury Blog

Drugmaker, AstraZeneca is breathing a little easier after the London-based company had two lawsuits over its antipsychotic drug Seroquel dismissed. A trial was set to start February 2, but U.S. District Judge Anne Conway in Orlando, Florida said the two cases “just didn’t meet the standards” to go to trial, a report says.

The plaintiffs in these cases, Linda Guinn and David Haller couldn’t prove that the drug led to their diabetes, the judge found. 61-year Guinn said she developed diabetes in 2006 and gained about 40 pounds after taking the drug for four years. She was seeking about $54 million in damages, including $42 million in punitive damages.

Her attorney says he will appeal both cases. And waiting in the wings are about 9,000 other lawsuits involving more than 15,000 plaintiffs who all claim the antipsychotic drug caused diabetes.

These cases are consolidated before Judge Conway who says that ex-Seroquel users can continue to use the theory that the drug led to their diabetes.

The dangerous antipsychotic drug is increasingly given to teenagers and the elderly off-label, driving growth for the company. It may be time for those affected by the prescription drug to get in touch with a Seroquel injury attorney.

Continue reading " Florida Courts Dismiss Seroquel Trial Without Damages Accounted For " »

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Posted In: Health & Information , Pharmaceutical Litigation

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State Farm has had it with Florida property owners. After major hurricanes in 2004 and 2005, State Farm Florida, a subsidiary of the insurance giant, says it will stop offering property insurance to more than one million Floridians within two years. The company blames not only the hurricanes but the generous discounts the state offered to homeowners who shored up their homes against hurricane damage.

One story reports that Gov. Charlie Crist says no one will miss them because State Farm charges among the highest rates in the state. Yet about 470,000 people will have to scramble to find new insurance within a year, and with fewer choices and less competition, it’s very likely consumers will pay even more.

State Farm Florida president, Jim Thompson, says the insurance giant is losing about $20 million a month in Florida and will be insolvent by 2011 and unable to pay claims going forward.

Here is the catch – State Farm wants to continue to offer auto, life and health insurance, a much more lucrative branch of the business. But the state insurance commissioner might say - sell all or nothing in the state- posing the question of whether bad faith insurance is occurring. Also the legislature might put the brakes on the move, allowing insurers to drop a limited number of customers every year.

Continue reading " State Farm Leaving Florida " »

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Posted In: Insurance Claims

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A young man was walking on Blanding Boulevard in the Jacksonville area around 1:45 Friday morning. A report says he was hit by a Dodge minivan and killed.

The Florida Highway Patrol is investigating the pedestrian fatality. The man has been identified as Cammeron T. Nettles, 21. He was walking southbound on Blanding Boulevard near County Road 220. Nettles was reportedly wearing dark clothing and walking in the inside lane. That was when the driver, 41-year-old Corry L. Hull of Keystone Heights, Florida hit him. Nettles was pronounced dead at the scene of the Jacksonville, Florida pedestrian accident.

The driver said he did not see Nettles who walking in the inside lane wearing dark clothing, the FHP report said. It also wasn't clear what he was doing in the road or exactly where he was when he was hit.

Obviously it is the motorist's responsibility to do everything possible to avoid colliding with any pedestrians, including anyone traveling on a bicycle, skateboarders or someone in a pedestrian crosswalk.

Continue reading " Jacksonville Pedestrian Accident Results in Death of Man " »

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Posted In: Auto Accidents , Pedestrian Accidents , Wrongful Death

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It happened Wednesday afternoon, after school, says a report. A 16-year-old driver of a pickup truck failed to stop at an intersection and rear-ended a school bus. It happened on state Road 121 in Raiford, Florida. Four students on the bus were taken to Lake Butler Hospital. They were not serious injured thankfully. The pickup driver went to Shands Medical Center in Gainesville.

Union county sheriff’s office responded to the scene of the Florida bus accident. There is no word on whether any charges will be filed. The remainder of the students were picked up by their worried parents at the scene of the crash. The others were loaded onto another bus and taken home.

Ironically this accident happens at a time when the Florida Highway Patrol is promoting “Takethewheel.net”, a site to promote safe teen driving. Every 55 seconds a teenager is injured in a car crash, according to statistics. And every 6.5 minutes a teen is killed in an auto crash – still the no. one killer of teenagers.

Take The Wheel has videos that relate to teen drivers where teens talk about accidents they’ve been involved in and the loved ones they’ve seen die.

Continue reading " Florida School Bus Accident Hospitalizes Five " »

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Posted In: Auto Accidents , Bus Accident

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The downtown Berkman Plaza condominium project was abruptly halted in December 2007, when a parking garage collapsed killing one worker. Now the condo owner is suing six subcontractors for at least $36 million in damages.

The six are accused of violating Florida’s building codes that led to the six-story garage collapsing, killing 26-year-old Willie Edwards, a single father of two, who was found under five feet of debris and two foot of concrete. 23 others were injured.

In the lawsuits, Berkman’s lawyers say the delay in construction has cost the company at least $36 million dollars.

The Florida Times-Union reports that one subcontractor, Choate Construction Co., was not sued because its contract states that any claims are to be handled through binding arbitration and mediation.

Continue reading " Florida On the Job Injury Caused By Condo Collapse " »

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Posted In: Workers' Compensation , Wrongful Death

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Car crashes are the No. 1 killer of American teens and Allstate Insurance has identified the cities with the highest number of teen fatalities during the holidays. They could be considered teen driving hotspots – and the Top Three cities are all in Florida.

A report from Allstate Insurance Company looked at recent federal crash statistics and their insurance claims data to score metro areas. The time period observed was from Thanksgiving through New Year’s Day.

Tampa-Clearwater-St. Petersburg, Florida occupies the top spot and Jacksonville is second, followed by Orlando-Kissimmee; Kansas City, Missouri; and Birmingham, Alabama.

The study is part of a Home for the Holidays teen safe driving campaign that urges parents to speak to their children about smart driving during the holidays. Especially important - Remind your teen that fatal car accidents are the number one killer of teens.

During the past eight years during the holiday season, teen drivers nationwide have been part of more than 5,000 fatal auto crashes.

There is also something called Allstate’s Parent-Teen Driving Contract that Allstate provides laying out the expectations for teen drivers to stay safe and make wise decisions as a driver AND the consequences he/her will face if they do not abide by the contract.

Continue reading " Florida Cities Included In Top Ten Deadliest Teen Driver Towns " »

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Posted In: Auto Accidents , Bus Accident , Insurance Claims

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“Brace For Impact,” are the last words you want to hear when you are on an airplane.

But that is exactly what was said to the 148 passengers on board a US Airways A320 airbus leaving New York’s LaGuardia Airport Thursday. The plane made a remarkable landing on water and amazingly everyone got out with only a few broken limbs and hypothermia.

So it might be a good time to review what you would do if you heard those words.

“Ditching” is what a water landing is called. On Friday, CBS News reported a visit with a flight training center that trains people on what to do during a ditching.

The first thing to know is that crew is trained to do more than bring you coffee- they are trained to keep you alive. And the plane is made to withstand the impact of a water landing.

Secondly – remain calm and listen to the crew’s words exactly. When the flight attendant tells you to put on your seat belt and life jacket, do so, but please do not inflate the vest inside the plane.

Continue reading " What You Need To Know If You're In A Plane Accident " »

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Posted In: Aviation Accident

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Medtronic is facing more trouble over its Infuse Bone Graft.

A Texas woman is reportedly preparing a lawsuit blaming off-label use of Infuse for injuries she suffered after cervical spine surgery. Mary Selke claims that bone formed in her neck and it made it difficult for her to breathe and swallow resulting in more surgery, this time of an emergency nature. Her physician will also reportedly provide testimony that Medtronic promoted use of the product off-label directly to physicians.

Each year, an estimated half million people undergo spinal surgery to repair and stabilize the spine after experiencing damaged discs or to remedy the condition of scoliosis. But Infuse Bone Graft has been linked to complications that have occurred during off- label use, specifically in surgery in the neck.

The family of Shirley Nisbet has sued Medtronic over the Infuse Bone Graft after the California woman died in August 2008, says a report. Nisbet had spinal-fusion surgery using Infuse in her neck. After her surgery, the suit says, Ms. Nisbet went into respiratory arrest and a coma and was kept alive by artificial means until she died.

Continue reading " Multiple Families Sue For Injuries Caused By Infused Bone Graft " »

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Posted In: Health & Information , Medical Malpractice , Wrongful Death

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Grab the kids' school lunches. The salmonella outbreak that has expanded to 43 states sickening up to 474 individuals.

Florida continues to dodge the bullet, though the peanut butter distributed in question from Peanut Corp. of America does distribute to our state. Follow the salmonella outbreak and the national picture through the Centers for Disease Control and Prevention page that is set up just for that purpose.

The latest report is that Kellogg, the cereal giant, is asking stores to pull its Keebler and Austin brand peanut butter crackers from shelves. Anyone with these products who would like a product refund can call the Kellogg Consumer Response Center at 888-314-2060.

Kellogg of Battle Creek, Michigan says it has not received any complaints or discovered any problems but it does use peanut paste from Peanut Corp. of America which has recalled its peanut butter.

Continue reading " Flordia Protected From Salmonella Outbreak So Far By Peanut Butter Recall " »

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Posted In: Food Recall , Health & Information

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It sounded like a good system.

When you lose your job, you have the option to extend your medical insurance for another 18 months until you find another job. That’s what COBRA is supposed to do to get you through.
A new study says that Florida is one of nine states where the cost of COBRA exceeds your unemployment benefits. The likely outcome is you won’t be able to afford extending your health care coverage unless you dip into your savings.

For example, COBRA premiums cost an average of $1,037 a month for a family. The unemployment insurance pays $1,013. Do the math.

The report is issued by Families USA and comes from the U.S. Department of Labor.

This is sobering news at a time when the nation’s unemployment rate is 7.2 percent, the highest reported in 15 years. Last October, Florida’s unemployment rate also hit a 15-year high at 7 percent, according to the state’s Agency for Workforce Innovation. That represents 655,000 out of work among a 9.3 million strong work force.

Continue reading " Laid off Florida Workers Can't Afford Health Care " »

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Posted In: Health & Information

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The tea leaves from what seemed to be a simple hot cup of tea have forecast disaster for Navy Petty Officer 2nd Class Javier Trevino.

After four years in the Navy, Trevino now works as an air traffic controller at the Mayport Naval Station in Jacksonville. That is until a friend brought back some tea from Mexico and gave it to Trevino when was visiting in San Antonio last May.

The tea tasted pretty good. Trevino even gave it to his eleven-year-old son and a best friend’s pregnant wife. But that seemingly innocent cup of tea may end Trevino’s Navy career.
It seems that the tea was mate de coca, made from the leaves of the plant used to make cocaine. On a drug test it shows up as cocaine.

There is not enough cocaine in the leaves to be of consequence – less than one percent, and the Florida Times-Union reports the tea is even available for $21 on Amazon in a form where the cocaine is removed much like decaffeinated coffee removes caffeine. Still a small amount of cocaine residue remains.

Continue reading " Jacksonville Herbal Tea Disaster " »

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So far Florida is lucky and has dodged the bullet of the latest salmonella outbreak. A reportstates that 42 states have been struck and the King Nut Company of Ohio believes it may be responsible.

The company has issued a nationwide food recall of the peanut butter it distributes throughout the country, including to Florida. So far 399 people have been affected and they range in age from toddlers to the elderly.

King Nut distributes to food service companies and not directly to consumers. That means that any school or nursing home should check to see if King Nut distributes the type of peanut butter they serve. It could also carry the name Parnell’s Pride. It was made by Peanut Corporation of America, located in Lynchburg, Virginia. It processes the peanut butter in plants in Virginia, Georgia, and Texas.

Continue reading " Nationwide Peanut Butter Salmonella Contamination Results in Food Recall " »

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Posted In: Food Recall

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If you’re one of the few who actually have health insurance coverage, consider yourself fortunate. But buyer beware, you may be in for some unpleasant surprises if you file a claim for health insurance benefits.

Insurers are now using a scheme to deny claims and actually cancel insured’s policies through “postclaims underwriting.”

“Postclaims underwriting” occurs when you (or a covered family member), makes a claim for health insurance benefits, the insurance company, at that time, begins an exhaustive investigation of your medical history in order to find any nugget of evidence that could qualify as a “pre-existing” medical condition.

Once this “pre-existing” condition has been found, the insurance company then denies benefits under the current policy and can potentially cancel your policy altogether.

According to the June 2008 issue of Trial Magazine, California is leading the country in stopping this type of harmful practice. A number of lawsuits filed against health insurers like Health Net and Blue Cross caught the public’s attention, which caused industry regulators to investigate and fine these health insurers.

A class action suit was filed against Health Net for illegally canceling coverage for over 1,000 insureds and for delaying the claims of thousands of other insureds.

Another tactic the insurance companies is using to keep from paying benefits and keep their bottom lines growing is to basically force their insureds to apply for other sources of benefits such as Social Security Disability Insurance (SSDI).

In some cases, if an injured claimant refuses to apply for SSDI benefits, the insurance company may go ahead and reduce his or her benefits by the amount it believes SSDI would pay. Some insurance companies have been known to stop paying benefits altogether.

Because Social Security’s definition of “disability” is much stricter than that of a private insurance company, most people who apply for SSDI are turned down at least once.

How do you protect yourself from these “postclaims underwriting” tactics?

First, make sure you answer the medical questions as fully and completely as possible.

Second, confirm with your insurance agent how much information needs to be given regarding family members who will be covered under the same policy.

Third, make sure you have a copy of the signed insurance application.

Fourth, carefully read your insurance policy, paying close attention to the “cancellation” provisions – if you don’t understand something, ask your insurance agent or have your attorney review the small print. Don’t wait until you need to make a claim to learn about these potential loopholes.

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Posted In: Insurance Claims

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You might not realize it when you plan your dream cruise, but many have died at sea and their death remains a mystery. Passengers leaving from many of the cruise ports in Florida must be prepared consumers.

The latest involves a Florida woman Jennifer Ellis-Seitz, 36, a Central Florida journalist who was on a Christmas cruise with her husband of one year when she plunged off the 15-story Norwegian Pearl, into the waters off Cancun.

Seitz apparently had everything to live for. She had married a year earlier, had just lost 130 pounds, was anxious to start a family, and had lined up a new job.

A surveillance camera captured someone wearing a bathrobe falling overboard 8 p.m. Thursday night, but it was eight hours later before Ellis-Seitz’s husband reported her missing.

Then there is the couple who told the Today show, that the husband was headed to the casino with a bag of coins that night to “see if he could change his luck.”

Another delay – The FBI began investigating when the ship docked in Miami Sunday, beginning with an interview with the husband, who has a domestic battery charge for head-butting his wife.

The problem with a crime at sea or someone falling overboard is that you are basically on your own. Too much time passes generally before anyone knows there is a problem and a search begins. In this case, Seitz disappeared Thursday night and the FDA began its investigation when the ship docked Sunday.

There was reportedly an 11-hour gap between the fall and efforts to find her at sea.

There were no announcements or cabin checks on board. Passengers learned of the death when they saw the news onboard.

There is no one watching surveillance cameras and no alarms that go off when someone goes overboard.

Ships are all registered to foreign countries so they do not have to follow U.S. law or regulations. This is not an accident – it is intentional and a way to avoid liability and lawsuits from medical malpractice or emotional distress.

Cruise lines are not required to report deaths, though with approximately 10 million passengers who have a great and safe time each year, there were 97 cruise ship deaths reports by the Broward County Coroner’s office during the last decade, and 33 reported during a three year period by Miami-Dade County. Many of these people died from natural causes.

Planning a cruise vacation? Ask many questions and read and understand the fine print on your ticket. That is the only recourse you are likely to have if something goes wrong.

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Posted In: Law & Information

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