Jacksonville Personal Injury Blog

You drive next to a big rig on the highway. Has anyone ever that thought they are not big enough?

Well, your consumer concerns are not even in the radar of Kraft Foods Inc., MillerCoors, or Coca-Cola, which would all like trucks to be bigger so they can carry more product around the country on fewer trips. The companies then save money on gas.

Kraft is part of 150 companies that are lobbying Congress to allow trucks 20% heavier on the nation’s roadways, according to Chicago Breaking Business. Instead of the maximum of 80,000 pounds, they could weigh up to 97,000 pounds. Mega-trucks could add two, even three trailers to allow for the heavier loads, bringing the length up to 120 feet up from the current limit on most interstates of 53 feet.

But consider that heavier trucks increase the likelihood for more catastrophic failures of our bridges, such as the collapse of the I-35 Bridge in Minneapolis where 13 people were killed and 145 were seriously injured.

Nineteen western governors like the idea of the “double” and “triple” tractor trailers. It’s already happened in the train industry. Union Pacific Corp. ran a test of a “monster train” that ran 3.4 miles through Southern California. Union Pacific failed to alert local authorities of the test. Imagine what could happen if an emergency vehicle had to cross the tracks when this monster was passing through?

There is a bill in the House and one in the Senate to allow for the larger big-rigs. Rep. Michael Michaud (D-Maine) proposes raising the weight limit to 97,000 pounds.

In the last 50 years, the trucking industry has been relentless in its push to put larger and larger trucks on the road and to push its drivers to log longer and longer hours behind the wheel. Sen. Frank Lautenberg (D., N.J.) and Rep Jim McGovern (D., Mass.) have filed legislation to ban bigger and heavier trucks.

Where do consumers weigh in? Truck Safety Coalition’s Jane Mathis, who lost a son and his wife in a big rig accident in Florida says, “We don’t need bigger trucks; we need safer trucks,” in her support of the Lautenberg bill.

This concerns Florida truck accident attorneys and personal injury lawyers throughout the nation.

It’s been reported that BP oil cleanup workers are required to take a 40 minute rest after just 20 minutes of work. That’s why it appears they are not doing anything. Reporter, Larry Mendte, who writes for the Philadelphia Post reports that BP crews are everywhere, but with all the rest they have to take, locals have the impression they are not working very hard for their $18 an hour.

Mendte traveled the beaches from Mississippi through Alabama to Panama City and says the workers are doing a very good job. He also says he saw oil covered dead fishdead fish covered in oil and tar balls on the beach. Much of the beach has been combed and manicured. Residents along the Gulf shores say even if they don’t see tar, the water and sand feel different.

Most of the business owners and some employees have been compensated by BP for their losses due to the tragic oil spill that occurred April 20. Between now and November, they can apply to receive funds from the $20 billion BP has set aside to compensate losses to workers and businesses. But not everyone is happy.

Horse Feathers Restaurant is down about 80% in revenue from last year with a loss so far of about $250,000. The owner applied for and received a check from BP. It bounced! BP is reported to have stopped the compensation midstream because of a new compensation plan in place.

The Florida oil spill loss attorneys at Farah & Farah is are representing people who have lost their livelihood from the recklessness of BP. Be careful what you sign. Once you take a lump sum, you give up your right to take the company to court. BP is essentially shielded from damages you may suffer down the road and “pain and suffering” jury awards.

Despite the promises- no one knows where the oil has gone. The sentiment in the Gulf is that it has gone somewhere and when BP leaves, it will still be left behind along with its victims, many of whom will have no options.

Under new guidelines it may become more difficult to collect compensation for long-term losses resulting from the BP oil spill. This is good news for BP but very bad news for consumers.

The new rules for oil spill loss claims to be processed were released Friday, August 20. Washington lawyer, Kenneth Feinberg, was picked by President Obama to oversee the $20 billion fund put aside by BP to settle claims.

So now who receives compensation?

The Associated Press reports that a flower shop in Florida probably won’t. Neither will a restaurant in Idaho that had to cut back on fish sales. The closer you are to the Gulf of Mexico, the better the chance that you will see some compensation. That is going to cut out a lot of businesses that rely on the attractions of the beach to make their livelihood, even if they don’t live near the beach.

The question that will have to be asked is, “Do you depend on the Gulf’s natural resources for your livelihood?”

The kicker will come this fall when workers and businesses that make claims will have to agree to give up their right to ever go to court to sue BP in order to be compensated for long-term losses. Give up your American right to a remedy through the courts for money?

Claimants are put in a tough spot. Health effects from this oil spill and the dispersants may not be known for years, not to mention the health concerns from eating seafood from the area.

Claimants have until November 23 to make claims. Feinberg says his goal is to speed up the process that has been rather sluggish.

AP reports that Florida Attorney General, Bill McCollum, wrote to Feinberg objecting to many of the new rules and complaining it creates a heavier burden on the victims of BP.

The Florida oil spill economic loss attorneys at Farah & Farah want to help those who are victims of BP, and now the system, recover what they can. Call us for a complimentary consultation on your losses.

Law enforcement wants to know - why was a man walking on State Road 9A Wednesday night, August 19? Matthew Russ was heading southbound about one mile south of the intersection of 9A and Baymeadows Road. It happened about 8:20 p.m. when he was struck by a car being driven by Suzanne Talcott.

He died at the scene.

Russ’s car had broken down north of where he was hit and reportedly he was walking to seek help. News4Jax does the man a disservice when it reports that he “staggered” into the travel lane where Talcott could not avoid him due to the other cars next to her.

“Staggered” is a loaded word and the newspaper does not attribute the description to the Florida Highway Patrol, nor does it elaborate. The implication is clearly that he was intoxicated and the public does not hesitate to join in to disparage the man. We do not know if that is true, and apparently neither does the television channel.

Pedestrian Dangers
As Florida auto pedestrian accident attorneys, we understand that being a pedestrian in Jacksonville puts your life in danger.

Florida has four of the five most treacherous metropolitan areas for walking, according to the nonprofit group, Transportation for America.

Orlando, Tampa, Miami, and Jacksonville and their surrounding areas topped the Pedestrian Danger Index for the top four hazardous cities for walkers. Next on the list is Memphis, Tennessee. It may not be surprising that nine of the top ten cities are in the southern U.S. which is known to have car-dominant urban areas.

More than 9,000 pedestrians were killed in collisions with cars and trucks in 2007 and 2008, and 70,000 more were injured, according to the latest statistics from the National Highway Traffic Safety Administration.

Our condolences go out to the family and friends of Mr. Russ for his passing.

Big Tobacco is at it again. With 8,000 cases filed by smokers who are ill, or the survivors of smokers, the tobacco industry vows it will not quit fighting.

Lewis Specland, 82, even made an offer to settle after another smoker won a $2.2 million claim in a Palm Beach County Circuit Court on behalf of her late husband.

Specland has emphysema and is afraid after 50 years of smoking he will not live long enough to get to court. The tobacco industry did not even acknowledge his offer, reports the Palm Beach Post.

Keep the clock ticking and some plaintiffs will just fade away they figure.

If settlements were made across the board of about $150,000, the tobacco industry would be out $1.2 billion, a fraction of the $145 billion awarded in a Miami class-action case representing 8,000 smokers.

And consider what Big Tobacco is paying out in a fleet of high earning attorneys to fight plaintiffs with all they have. Keep fighting and even a favorable award can be overturned on appeal.

So far there have been 22 Florida tobacco lawsuits that have favored plaintiffs since February 2009. Big Tobacco has lost all but three and the average award was $22 million.

The Palm Beach Post reports tobacco executives have no intention of paying what the juries have awarded. There is a saving grace. Tobacco companies will have to pay attorney’s fees for the plaintiffs who do make it to trial and receive a jury award.

A woman from Fort White, Florida, died Monday, August 16, after her vehicle crossed the divided highway and was then involved in a head-on collision with another car.

Nancy Vituli, 57, was heading northbound on U.S. 41, about seven miles south of Lake City. Her Honda Civic crossed the center line at approximately 2:45 p.m. near Southeast Gabe Street and struck a Ford Expedition. Barbara Chastain, 65, of High Springs, Florida was behind the wheel. Both cars then rotated counter-clockwise.

Vituli was killed at the scene. She was not wearing her seat belt.

Chastain suffered serious injuries and was taken to Shands Hospital at the University of Florida in Gainesville. Her passenger, Joanne Duffy, 51, was taken by air ambulance to Shands Hospital with critical injuries. Both Chastain and Duffy were wearing their seat belts.

Continue reading " Woman Killed in Lake City Head-On Auto Accident Not Wearing Seat Belt " »

Kawasaki Motors Corp is recalling about 4,000 of one of its off-road motorcycles because of safety concerns. Kawasaki agreed to the recall suggested by the Consumer Product Safety Commission (CPSC). Consumers are warned they should stop using the off-road bike. It is also considered illegal to resell a recalled motorcycle.

The motorcycle in question is the Kawasaki 2010 KLX110. It is an off-road bike distributed by Kawasaki Motors of Irvine, California.

The problem – the bike has a faulty housing for the ignition switch which can allow water to enter. That can potentially activate the starter and since this is an electric starter, it can cause serious hazard of death. No injuries have been reported.

Note that the 2010 model year is involved and includes series KLX110CAF and KLX110DAF off-road motorcycles. They are distinguished by their lime green color with the word “Kawasaki” on the side of the fuel tank.

Continue reading " Kawasaki Recalls ATV " »

Shawn Tyler Pugh told Gainesville police that opiates might show up in his system after he rear-ended a car Monday, August 9. He was arrested on charges of DUI, even though his breath test registered .000, reports the Gainesville Sun.

Pugh was driving a 2005 Pontiac when he ran into a car in the 1000 block of West University. The impact did about $14,000 damage to two cars. One person ended up in the hospital with injuries. Pugh has been charged with driving on a suspended license, careless driving, and damage to property.

The young man told police that opiates, THC, or Percocet might show up in his test. A look at the records shows his license has been suspended four times. Unable to perform any sobriety tests, Pugh appeared confused when an officer spoke to him. He was booked into the Alachua County jail.

Continue reading " 20-Year-Old Charged with DUI Following Crash " »

Cory Fine was 41-years-old and overweight. The University of North Florida business school professor was so unhappy with his weight that he decided to undergo gastric bypass surgery at Shands at the University of Florida. That was 2002. Fine never made it out of the hospital.

On Thursday, August 12, an Alachua County jury returned a $6.2 million medical malpractice verdict to Fine’s widow and son.

Was it malpractice? The attorney for the family said definitely yes. The surgery went well, but then Fine had some breathing difficulties. It is very easy for a nurse to check a person’s oxygen saturation levels, in other words how much oxygen they are taking in and how effectively their heart is working.

But for some reason when Fine went to radiology for a CT scan, no one checked his levels. Even though he told technicians he felt he was dying and couldn’t breathe if he laid down flat, he was told to lie down on the table. No doctor checked Mr. Fine either as he lay on the table awaiting the CT scan. Fine died on the table. News 4 Jax reports he died of cardiac arrhythmia due to a lack of oxygen.

He was right - he was dying, but no one listened. Fine is survived by his wife Lisa and Tyler, his son, 10.

Shands had no comment to the Gainesville Sun.

Shands is expected to appeal the verdict which will hold it up for more years after waiting 10 years to get to trial. Justice delayed is justice denied, and the family has already waited eight years for justice. Now they get to wait longer.

If you or a loved one has been injured by the medical profession, the experienced Florida medical malpractice attorneys at Farah & Farah will meet and discuss the specifics of your situation to determine if there are any avenues to hold the at-fault party responsible for your injury and expenses.

Flagler Hospital in St. Augustine is one of a few hospitals across the country that has installed a new high-tech device to cut down on antibiotic resistance staph infection, MRSA. Workers just wave their hands beneath a sensor to find the drug resistant form of staph.

The good news is that it appears to be working as do other efforts nationwide to cut down on hospital-acquired infections from the antibiotic-resistant bacteria, methicillin-resistant Staphylococcus aureus, or MRSA.

A new study from the Centers for Disease Control and Prevention (CDC) finds that hospital-acquired MRSA cases dropped by 28 percent between 2005 and 2008. The study is published in the Journal of the American Medical Association.

MRSA rates also declined by 17% among nine metro area outpatient settings.

Flagler Hospital’s director of infection prevention reports the sensor works by picking up the scent of alcohol, used to kill bacteria and a common ingredient in soaps and gels. If the employee did not wash his hands, the sensor will vibrate their badge as a reminder to wash their hands before seeing the patient. The sensor was developed at the University of Florida.

Unfortunately, doctors and nurses sometimes skip this important step. MRSA can introduce untreatable infections internally that can invade organs and get into the bloodstream where they can be fatal. When this happens, Jacksonville medical malpractice attorneys can help.

Mayo Clinic, Jacksonville, has also made infection control a priority. Hand washing is scored and publicly posted. A team of specialists monitors central IV lines that can be a source of infection. At Mayo, the overall cases of MRSA have reportedly dropped from 20 last June to eight this year.

At Flagler Hospital in St. Augustine, the HyGreen system will be installed in the next month in the 24 bed intensive-care unit at considerable cost. The hospital has already spent $500,000 so far on HyGreen.

The maker of the weight loss drug Alli, has been directed to change the label for the drug about rare but severe liver injury. The weight loss drug is known generically as Orlistat and it has the potential to cause severe liver damage in rare cases among patients taking the drug.

Orlistat is sold as a prescription drug, Xenical, in 120 mg capsules. Over-the-counter (OTC) it is sold as Alli in 60 mg strength. The Food and Drug Administration (FDA) has now identified 13 victims who developed severe liver injury after taking Orlistat. The review covered a ten-year period.

The FDA reminds us that about 40 million people have taken this drug, both the prescription and OTC version. Among the injuries reported - one resulted from taking Alli in the U.S., and a dozen adverse event reports came from foreign countries and involved taking the prescription drug Xenical.

Patients have been warned that if they experience yellow eyes, dark urine, yellow and itching skin, light colored stools, and loss of appetite, these could all be symptoms of liver dysfunction. Patients should seek the advice of a doctor.

Alli is marketed by GlaxoSmithKline PLC at a lower dose (60 mg), while Xenical, the prescription version is made by Roche Holding AG (120 mg).

The FDA has not confirmed that a cause and effect relationship exists between Xenical or Alli and liver damage.

Xenical was approved in 1999 and became the first nonprescription drug to treat obesity in America. Four years ago, the consumer group, Public Citizen, petitioned the FDA to remove the drug from the market because the obesity treatment increased ACF (aberrant crypt foci) which is believed to be a precursor to colon cancer. With at least 30 percent of the U.S. population considered obese and not likely to exercise or diet, a pill sounds like a good idea. But not this pill. If you have been injured by Alli or Orlistat, contact a Florida defective drug attorney familiar with the latest on this controversial drug to investigate whether you have a defective product action against the drug makers.

This story has been heard all over the country and unfortunately a Florida Highway Patrol officer is the latest victim of his exploding patrol car.

The widow of Patrick Ambroise, 35, who died when his Ford Crown Victoria patrol car was rear ended and caught fire May 15, has filed a Florida product liability lawsuit against Ford in Miami-Dade Circuit Court. Ambroise’s Crown Victoria was pulled over to the shoulder when it was hit by a Lexus being driven by Jonathan Robert Garcia, of Miramar, and Euclides Garcia, the car’s owner who have both been named in the action.

The lawsuit alleges that Ford sold a vehicle with a defective design that places the gas tank in the rear “crush zone” of the vehicle where it can rupture and explode if hit from behind.

While Ford didn’t comment to the Palm Beach Post on the lawsuit, the Ford Crown Victoria, Lincoln Town Car, and Grand Marquis all were designed with the gas tank within the crush zone even though it is considered dangerous.

There are estimates up to 5 million of these vehicles with this design defect on the road today, including passenger cars.

In September 2002, CBS News reported that the Ford Motor Company agreed to install safety shields around the rear fuel tanks. Ford acted after pressure from the state of Arizona where three police officers burned to death. Some 350,000 cars were retrofitted at a cost of $50 million. The shields were designed to cover any protruding sharp edge that could puncture the fuel tank in a collision.

An experienced Florida defective auto attorney would want to check if Officer Ambroise’s vehicle ever had a safety shield installed.

If you or a loved one has experienced a fiery collision in one of these Ford vehicles, you would be well-advised to explore your options for compensation with Farah & Farah. Ford has let the public down by not making public information about the availability of the shields and has clearly failed to disclose the dangers of this defective design.

The good news- the underwater camera no longer shows crude oil gushing from the floor of the Gulf of Mexico from the Deepwater Horizon explosion. Now the question ahead is what are the long-term ramifications?

The University of Alabama, Birmingham School of Public Health is working with the federal government in answering that question. Researchers have formed an ad-hoc team in association with the Centers for Disease Control and Prevention (CDC) to examine the unprecedented tragedy. The oil spill from the Deepwater Horizon is equivalent to a supertanker spill every week and many have been impacted – from workers who have cleaned up the beach and the Gulf, to children and even tourists who have been exposed. In the short-term, health impacts have been watery and irritated eyes, skin rashes and itchiness, coughs, shortness of breath and wheezing, reports ConsumerAffairs.com. Long-term studies will be launched to understand the physical and psychological impacts.

Then there are the unanswered questions about consuming seafood from the Gulf.

CDC on Health Effects
The CDC will be taking samples from the air, water, soil and sediment and the oily material itself to see where the oil has gone. Comparisons will be made to oil spills of the past. There have been 400 tanker spills since the 1960s, the Exxon Valdez among them. Only seven spills have been studied for their short-term toxic effects.

A federal government report has announced that nearly 70 percent of the oil in the Gulf dissolved naturally and appears to be gone either through skimming, dispersants, being burned or captured.

Independent experts, including some environmental scientists from Florida State University, believe that assessment is a bit “shaky” and a bit of spin for such a complex spill.

If you or a loved one has been impacted by the Deepwater Horizon oil explosion and spill in the Gulf of Mexico, the Florida oil spill economic loss attorneys at Farah & Farah are taking cases of those who have been impacted financially by the long and short-term environmental harm.

A high profile trial this week in New Jersey promises to put the acne drug, Accutane, on the hot seat.

Actor James Marshall (A Few Good Men, Twin Peaks) has filed a lawsuit against Roche Holding AG, maker of Accutane, claiming the drug caused bowel problems so severe that his colon had to be removed. A number of actors are expected to testify on his behalf about the lost wages Marshall has experienced as a result of his ruined career, reports ConsumerAffairs.com.

Marshall, who has similar looks to James Dean, was taking Accutane for treatment of acne.

Accutane Actions
There are up to 1,000 similar lawsuits in a number of jurisdictions across the country presently filed against Roche. So far in seven cases, the jury has decided to rule against the company and it has cost $56 million.

This case is being heard in New Jersey Superior Court, the same place where another Accutane trial concluded in February. In that case, the plaintiff, Andrew McCarrell, also claimed the loss of his colon was due to irritable bowel syndrome he developed after taking Accutane. McCarrell won at trial and the jury awarded him $2.6 million in 2007. After Roche appealed, the case was reheard. This time the jury awarded McCarrell more than $25 million.

Other Side Effects
Accutane has also been blamed for causing suicidal thoughts in teen users with the FDA conservatively reporting 190 suicides linked to Accutane since its approval in 1982.

Because of the risk of birth defects, in March 2006, the FDA initiated a program that allowed the drug to be taken by women, if they are pregnant or plan to become pregnant, only if they and their doctor registered with the iPLEDGE program.

After multiple verdicts, Roche finally pulled Accutane from the U.S. market in July 2009 after it had already been pulled from the market in Austria, Denmark, France, Germany, Norway, Portugal and Spain.

If you or a loved one has been injured by a drug approved by the FDA, you may have a product liability action against the manufacturer for putting a defective product into the marketplace and failing to issue an adequate warning about the drug’s dangers. The Florida Accutane attorneys at Farah & Farah can offer guidance if you or a loved one has experienced serious side effects from this medication.

The payout to those financially damaged by the BP oil spill appears to be as messy as the spill itself. ProPublica reports that many damage claims are in limbo and claimants are being kept waiting.

Why?

The answer appears to be within the wording of the Oil Pollution Act, a 1990 federal law that requires companies to be responsible for direct “removal costs and damages” caused by an oil spill. Not all claims are for the costs of removing oil and damages from the oil. ProPublica reports on Duane Sandy, who sells hurricane-proof storage units in Fort Walton Beach, Florida. He submitted a claim in May for $3,500 since he has not sold a single unit since the spill in April. Instead, he got a form letter from BP that said he had not provided sufficient documentation to support the claim. When he called BP he got a different answer. A BP adjuster said the company is not paying claims of lost income based on commissions.

All of this confusion may be helped in mid-August when Kenneth Feinberg takes over. He is the independent administrator appointed by the president to oversee the compensation process, similar to what he did with the victims of 9/11. Feinberg tells ProPublica that his standards for compensation will be more generous than BP.

BP committed to paying all “legitimate claims” following the Deepwater oil rig explosion April 20. So far it has paid under one-third of the more than 100,000 claims it has received. Twenty billion dollars has been set aside and $250,000 has been spent.

It probably is wise not to take BP at its word so ProPublica has set up a register for everyone who has a BP claim to sign in. That way the payments can be tracked to see if BP will live up to its word.

BP Oil Spill Victim Compensation Fund (BPOSVCF)
It is well-advised to hire an experienced Florida oil spill economic loss attorney to represent your interests if you have lost income due to the BP oil disaster. Remember, Mr. Feinberg is not your attorney. Filing a claim with the BPOSVCF emergency payment should be your first move. Once you receive your emergency payment, an experienced Florida attorney will help you negotiate a final settlement with the oil giant. Or you can wait and see what your own personal claim brings.

It may sound too devastating to be true, but some surgical mesh devices, including Bard Avaulta products, implanted in the vaginal walls of women to help alleviate pelvic organ prolapse (POP) and stress urinary incontinence (SUI) have caused serious health complications and physical injury.

The West Virginia Record reports that lawsuits are pending regarding surgical mesh devices causing organ injury in women. Requests were made to the U.S. Judicial Panel on Multi District Litigation last month to assign all 34 mesh complication cases, in addition to two from other districts, from Georgia to West Virginia. Attorneys making the request believe that the District Judge in West Virginia has become more acquainted with the issues at hand and the situation of the parties involved through pretrial handling of consolidated cases in his court.

The women filing surgical mesh injury lawsuits are seeking damages from C.R. Bard, Inc., the manufacturer and seller of Avaulta Plus and Avaulta Solo synthetic surgical mesh tissue supports. Some of the plaintiffs are also seeking damages from Covidien Inc., which manufactures Avaulta mesh supports.

The FDA issued a public health warning in October 2008 regarding serious Bard Avaulta surgical mesh complications. Over 1,000 reports from nine surgical mesh manufacturers about complications connected to surgical mesh devices have been reported to the FDA.

Some of the most frequently reported complications associated with surgical mesh devices used to alleviate POP and SUI symptoms include the mesh eroding into the vaginal wall; pain; urinary problems; discomfort during sexual intercourse; infection; bowel, bladder, and blood vessel damage; and recurrence of the prolapsed organs and incontinence. Some women have even required additional surgeries to either remove the surgical mesh or provide drainage of hematomas or abscesses, IV therapy, and blood transfusions.

If the light is red, you better stop.

Beginning Monday, August 2, the Florida Highway Patrol and multiple law enforcement agencies across the state are teaming up to enforce National Stop on Red Week. The focus is to remind drivers to stop at the red traffic signals, not run them.

Red light running is a real problem in Florida. More than 5,000 people suffered injuries last year in crashes that involved a red light runner. Fifty-six people were killed.

There were 1,400 Florida intersection accidents where at least one driver was impatient, not paying attention, driving distracted, or aggressively driving and ran a red light. Not only does that put other motorists in danger, but it endangers pedestrians and bicyclists.

On August 1 in Pinellas County, a red light runner killed a family of four from Orlando.

From August 2 through the 8th, the Florida Highway Patrol will be stationed at traffic signals to make sure that drivers stop at red traffic lights, the FHP announced in a Florida Department of Highway Safety news release. While this is called “National Stop on Red Week” it appears to be a Florida initiative.

A big component of the National Stop on Red Week is the new enforcement tool that Governor Charlie Crist signed into law. House Bill 325 gives local government the right to use cameras at red lights to take a picture of the offender. The driver will then receive a picture in the mail of himself speeding though a red light at an intersection. He will also receive a citation for $158.

The new law took effect one month ago and is named after a Bradenton man killed by a red light runner. The Mark Wandall Traffic Safety Act memorializes Mark Wandall who was killed in 2003. His wife championed the bill and got it passed.

The news release also says that the red light citation will not affect your auto insurance rates or add points to your driving record.

Florida DOT- Pedestrian Laws
A Jacksonville pedestrian accident occurred when a man was hit while he was in the crosswalk and killed by a car in St. Johns County early Saturday, July 31.

It was nearly 1 a.m. when Raymond J. Spencer, 52, was crossing State Road 16 near the intersection of the Factory Outlets in St. Augustine, according to an article on News4Jax.com. Spencer, of the 1100 block of Michigan Avenue, was crossing at the crosswalk but against the walk signal when a 1999 Mitsubishi driven by Thomas Evans, 38 hit him. Evans, of Green Cove Springs, was not issued a citation. He was okay but Spencer was killed at the scene.

Florida Highway Patrol reports that a witness said the crosswalk light said “do not walk” at the time.

Pedestrian Dangers
Florida is the most dangerous state for pedestrians and 9 out of 10 most dangerous metro areas are in the south says the nonprofit, Transportation for America.

Consumer Affairs reports that the coalition of transportation policy groups finds that the Orlando, Tampa, Miami and Jacksonville metro areas are the top four most dangerous cities for walking. Memphis, Tenn., is number five.

According to statistics from the Florida Department of Highway Safety and Motor Vehicles, 566 pedestrians and bicyclists were hit by cars in the city in 2008, and 20 of them died. Preliminary numbers from 2009 show 604 people hit and 29 dead.

Those numbers continue to frustrate police.

Florida Law
The Florida Department of Transportation says pedestrians are supposed to cross at crosswalks when the light tells them to do so. Crossing mid-block, the pedestrian must yield to all vehicles on the road.

And although there are few details about this accident, drinking is a major contributor to pedestrian traffic deaths. The state finds that in 2008, 10.3% (922) of all pedestrians in crashes (8,951) had been drinking and 36.25% (182) of all pedestrian fatalities (502) had been drinking.

If you or a loved one has been hit by a vehicle either when on foot or riding a bicycle, let the Florida pedestrian accident attorneys at Farah and Farah help you sort out the details to determine the at-fault party. The cost of your hospitalization and medical care may be covered by the other side’s insurance, but you must have someone advocate for you.

Two reports were released July 20, by the American Medical Association (AMA) that should help doctors optimize the quality of patient safety. Physicians believe the AMA is the best source to cut through all of the information that’s out there and to serve as a reliable guide for physicians concerning patient safety.

The first report, “Physician’s Guide to Patient Safety Organizations” is a guide to patient safety organizations (PSOs). It encourages doctors to join the organizations and provides a guide to learning about adverse safety events. It provides a glossary, a safety checklist, and work-flow model. Safety checklists have been shown to cut down on medical errors.

The Patient Safety and Quality Improvement Act of 2005 established a voluntary, confidential, and privileged means for doctors and others in health care to voluntarily report problems and learn from them. Often a doctor or nurse will hold back on reporting a colleague for fear of losing their job or out of respect for their co-worker.

The second report “Advancing Ambulatory Quality Improvement: Results of focus groups with medical societies,” funded by the Robert Wood Johnson Foundation, lays out the role of medical societies in establishing “best practices” that stress safety and the delivery of quality care in a doctor’s office.

The AMA encourages doctors to understand the Patient Safety Act and to participate in a PSO as a way to learn from the experiences of others. The AMA has convened a Physician Consortium for Performance Improvement which has developed 270 evidence-based quality improvements that doctors can incorporate into their practices.

Medical malpractice kills an estimated 100,000 Americans every year and can range from leaving an instrument in a patient, under diagnosing, misdiagnosing, failing to deliver timely medical care, and prescription errors. Hospital infections kill almost as many patients every year.

These are all preventable medical errors and the basis for medical malpractice lawsuits that are filed following one in eight cases of medical malpractice in Florida and nationwide. Instead of blaming lawyers for filing those cases, or the injured patient who is already suffering from their effects, taking some personal responsibility for medical errors is the proper response for physicians and hospitals.

Some people writing into News4Jax.com say it is about time. The Glenwood Nursing Center, in the Arlington section of Jacksonville, has lost its license to operate after receiving poor reviews from the state. The Florida Agency for Health Care Administration revoked the license after years of poor reviews. That means 106 residents will need to find a new place to live by the time the facility closes its doors for good on August 26.

A report card from May gave the center poor grades for quality of care, quality of life, and dignity. The report card says the center doesn’t do a good enough job of preventing residents from hurting other patients and themselves. Lawyers representing the owner of Glenwood have filed an appeal to extend the deadline.

Relatives of the residents who talked to News4 seemed surprised that the doors will close and said they never saw any problems. Lois Craig says she never felt her husband, Gordon, was in any danger at all. “To move him would be awful because I don’t know what to do next.”

Florida residents have a right to be protected from harm, both mental and physical, according to Florida Statute 440.022(O). The facility must do more than provide care. Some of the duties of a nursing home include protecting patients from other patients who tend to act out. That can be one unfortunate result of dementia.

Reportedly over the years, the facility has not removed the violent offenders from the general population. In some cases, patients acting out have been reported to use their wheelchairs to hurt others. A failure to intervene is an indication of negligence in the training of employees which usually begins at the top. The state was also alarmed at the number of falls some of the elderly experienced, including multiple falls, which can lead to broken bones and a lifetime of pain and disability.

Thankfully the state has finally agreed to intervene. If you or a loved one believe that abuse and neglect is occurring in a nursing facility, and especially if the owners or supervisors don’t seem to be responsive, an experienced Florida nursing home abuse attorney may be your best avenue to have an unacceptable situation resolved. It is important to speak with us as soon as you suspect a loved one might be in danger to get them out of harm’s way. You are also advised to gather whatever evidence you can. Our doors are always open for a comprehensive and complimentary consultation.