Jacksonville Personal Injury Blog

The U.S. Consumer Product Safety Commission (CPSC) which oversees the safety of all types of consumer products, has decided to toughen third party testing requirements to make children’s toys safer.

In recent years, children’s products, many imported from China, have been found to have cadmium and lead in excessive levels which can be ingested by a child. In a 5-0 vote Wednesday July 20, the CPSC approved a new testing requirement to be conducted by a third party specified by manufacturers. Toy makers have until December 31, 2011 to identify and pay for third party testing which will result in a certification.

Toys will be tested after that time to make sure they are in compliance with the Consumer Product Safety Improvement Act of 2008 which directed Congress to require mandatory standards, not just voluntary ones which allowed many dangerous products to enter the stream of commerce. The standards mandated are known as the ASTM standards for toys known as F-963-08 and F 963-07-01.

Injuries to children from imported toys have included strangulation, burns, falls, shocks, and choking, as well as toxic metal exposure. Whether a product is defective in its manufacture, its design or in its failure to warn, a recall is one step toward preventing further injuries.

It would be ideal to stop the injury in the first place. Florida law allows victims to sue for negligence and product liability which can bring compensation to a family for their injuries and pain and suffering, but also brings the responsible parties to justice. Even if the toy has not been recalled, you may be eligible for compensation. Begin a conversation with one of our product liability attorneys in Jacksonville to seek answers and options.

Source: http://www.prnewswire.com/news-releases/cpsc-adopts-testing-requirements-for-childrens-toys-126020243.html

Did Toyota make cars that accelerated suddenly leading to injuries and deaths? That question surrounding a Utah car crash will represent the first bellwether trial in national litigation a federal judge has ruled. District Judge James Selna has decided the trial will take place February 19, 2013. The case will set a precedent or benchmark for future cases that hinge on whether or not the Toyota Motor Corp., the world’s largest automaker, made defective vehicles that resulted in unintended acceleration.

The Utah case involves two families of one man and his passenger who were killed when the 2008 Toyota Camry they were riding in slammed into a wall on an exit ramp in Utah after accelerating, despite the fact that the driver applied the brakes.

Last April, a Long Island federal jury let Toyota off the hook saying an accelerating Scion that smashed into a tree was not the responsibility of Toyota. In a separate case in California, owners of Toyota can also sue for the falling value of their cars after news broke of the mass problems. Toyota has recalled 11 million vehicles over stuck gas pedals and defective floor mats since the problem of unintended acceleration surfaced in late 2009. Unintended acceleration has never been blamed on faulty electronics, but rather on driver error. As a fix, Toyota will install a brake override system in all new cars beginning in late 2011.

It will be an uphill climb for a product liability and wrongful death attorneys to prove the Toyotas were defective after NASA engineers, in a report issued earlier this year, found "no electronic flaws capable of producing the large throttle openings required to create dangerous high-speed, unintended acceleration incidents." The report too blames a sticky accelerator pedal and floor mats that trap pedals as the only known cause of unintended acceleration.

Sources: http://www.insurancejournal.com/news/national/2011/06/13/202306.htm, http://www.reuters.com/article/2011/06/10/us-toyota-acceleration-lawsuits-idUSTRE75965H20110610 and http://www.washingtonpost.com/wp-dyn/content/article/2011/02/11/AR2011021106400.html

The Florida Justice Association (FJA) reminds us that children were the losers this last legislative session. Florida remains one of only three states in the U.S. that has failed to enact a booster seat requirement. The Florida legislature failed to enact Senate Bill 238 which would have made the state compliant with the American Academy of Pediatrics and the National Highway Traffic Safety Administration (NHTSA) guidelines for child safety in a motor vehicle.

What is a booster seat? A booster seat allows a seat belt to correctly fit a child who may have outgrown a forward-facing car seat with a harness. Check the seat to see the weight-height restrictions specified by the manufacturer.

Until a child is at least four feet nine inches tall and between 8 and 12 years old, most seat belts will not correctly fit them. An improperly fitted seat belt can cause spinal cord and abdominal injuries. The booster seat will allow the straps of the seat belt to be properly seated on a child usually between the ages of four and seven. Medical journal Pediatrics reports the booster seat reduces injuries to children in that age range by 59 percent.

This year the National Transportation Safety Board (NTSB) called upon the 50 states to enact laws to require the use of booster seats, and for children age 12 and under to ride in the rear seat of the car.

It’s tough to understand why this would be such a tough sell to lawmakers. In states with a booster seat law, children ages four and five were 23 percent more likely to be appropriately restrained, reports FJA.

For younger children the recommendations stay the same:

• Infants and toddlers should ride in the rear of a car in a rear-facing car seat until they are about two or reach the manufacturers guidelines printed on the seat.
• Children ages two and older should ride in a forward-facing car seat with a harness. Again check the seat manufacturer guidelines for height and weight.

Sadly, auto accidents remain the leading cause of death for children and young people in the United States, which reminds us that it is critical that children be properly restrained when riding in a motor vehicle.

Sources: http://www.flsenate.gov/Session/Bill/2011/238, http://www.ntsb.gov/surface/highway/childseat.htm and http://www.aap.org/healthtopics/carseatsafety.cfm

Every year Florida lawmakers try to enact legislation that prohibits the use of a cell phone while driving, and every year the measure is defeated in the state legislature or vetoed by the governor. Even this year, a bill was defeated that would have prohibited hand-held mobile devices used by anyone under the age of 18 while behind the wheel in an attempt to prevent distracted driving in Florida.

As it stands, Florida is one of 17 states in the U.S. that allow you to text or talk on the cell phone while driving. Now, an unlikely group would like to change that including popular singer Justin Bieber, a congresswoman from South Florida, and an Orlando app developer, according to a report in The South Florida Sun Sentinel.

The three are involved in a public education campaign. Justin Bieber is promoting a software app, PhoneGuard, which is an anti-texting while driving app for smartphones. Expect to see the ads on television soon featuring Bieber and a company spokesman. The company that created the app is Media Options Group out of Boca Raton. At the same time, U.S. Rep. Frederica Wilson, (D-Miami) will file two federal bills to stop drivers from talking on a cell phone or texting while driving. She has authored bills that failed in the past because, she says, lawmakers reject government intruding into individual behavior.

Florida had no data connecting the dots between cell phone use and auto accidents and fatalities, at least not until this year. Beginning in January, the Florida Department of Highway Safety and Motor Vehicles implemented a new crash report system which allows law enforcement, responding to the scene of an auto accident, to include information on whether texting, cell phones, DVD players, navigation systems, or other distractions played a role in car accidents in Florida.

About 500,000 people are injured in auto accidents involving texting and 1,000 die in cell phone-related crashes every year says Wilson, quoting Department of Transportation (DOT) statistics. Use of a phone while driving increases the risk of a crash or near-crash by about 23 percent. Her first bill, the Drive to Stay Alive Act of 2011, punishes states that have failed to enact anti-texting laws by withholding five percent of DOT federal funds.

The PhoneGuard app uses GPS tracking to lock the keyboard of a Blackberry and Android if the car is traveling at speeds in excess of 10 mph. A wireless Bluetooth will still work. And if the car travels faster than 65 mph, parents may program the app to send them a notice.

A Blackberry app from NOTXT Communications of Orlando called the NOTXT n' Drive app, will disabled a phone from any use when the vehicle travels faster than 10 mph. When the car stops, the phone’s function returns.

Text’nDrive for the iPhone will read aloud your electronic emails and one version will allow you to respond via voice command.

Source: http://www.sun-sentinel.com/business/fl-anti-texting-law-vasquez-20110722,0,2982599.column

On August 14th the allowable lead level in children’s toys will be lowered from 300 parts per million (ppm) to 100 parts per million. That decision came in a 3-2 vote Wednesday, July 13 by the U.S. Consumer Product Safety Commission (CPSC). The question now is what do retailers do with the inventory of children’s jewelry and toys that have too much lead paint after August 14th?

The CPSC says there is no safe level of lead. Back in 2008, the Consumer Product Safety Improvement Act required the 100 ppm limit so the CPSC phased in the reduced levels beginning with 300 ppm in August 2009.

The commission’s two Republicans complained that the additional regulations will cost business and force some to close.

Lead and Children
Back in 2007, Barbie dolls made in China and Thomas the Tank Engine trains had to be recalled because of high levels of lead found in the paint, reports the San Francisco Chronicle. The paper says we can expect some more recalls of products on store shelves now that the allowable lead level has been lowered.

Lead has been shown to cause permanent, irreversible brain damage in small children. According to an American Academy of Pediatrics (AAP) fact sheet, any lead in the bloodstream can have an impact on children including a lowered IQ, attention deficit disorder, and increased aggression. The AAP says the additional cost to society could be more than $43 billion.

A third party requirement for lead testing will be put into place December 31, 2011.

The media report everyone was wearing a seat belt when a two-vehicle collision took the life of a 15-year-old from Macclenny, Friday evening, July 15. The teen and her older sister were in a 2002 Lexus driving to church on U.S. Highway 90 west of County Road 121. The driver of the Lexus reportedly blacked out behind the wheel and lost control of the Lexus, then traveled into the oncoming lane where she hit a westbound Hyundai with three people inside on the passenger side of the Lexus.

The 30-year-old Hyundai driver from Baldwin suffered serious injuries and two children inside the car, ages 6 and 9, suffered minor injuries. The 15-year-old was taken to Shands Medical Center in Jacksonville where she lost her life. The Lexus driver had minor injuries. According to articles from Channel 4 and First Coast News, everyone was wearing their seat belts and alcohol was not a factor.

Our condolences go out to the friends and family of the student from Baker High School who loved reading, music, and computers. Please keep them in your prayers.

Charges are reported to be pending following a Florida Highway Patrol investigation of the fatal Florida car crash.

According to the Insurance Institute for Highway Safety (IIHS), motor vehicle crashes are the leading cause of death for children ages two and up. Proper restraint can help reduce those deaths, but there are cases where airbags and seat belts fail to do their job.

Airbags can be dangerous to children who are sitting too far forward in the front seat. When the airbag discharges at 200 mph, it can cause injuries such as burns, broken bones, and trauma to the face and head. A seat belt that fails to properly latch gives a motorist a false sense of security.

Torn or ripped webbing, a retractor failure, and false latching allowing the latch plate to pull out of the buckle and can result in serious injuries and even death from a defective seat belt.

The family of this teen would be well-advised to initiate an investigation with the help of an experienced car accident lawyer in Florida to determine if there were other factors other than the impact from the collision that may have contributed to her death. If a seat belt or air bag failed to protect the occupant, the auto or component manufacturer can be held responsible for the wrongful death of this young teen.

Source: http://www.news4jax.com/news/28570794/detail.html, http://www.firstcoastnews.com/rss/article/211100/3/15-Year-Old-Macclenny-Girl-Dies-In-Accident, http://www.bakercountypress.com/index.php?option=com_content&view=article&id=1326:teen-killed-in-us-90-crash-others-injured&catid=59:news&Itemid=57 and http://www.iihs.org/research/qanda/child_passenger.html

According to a story in The Orlando Sentinel, the Florida Highway Patrol (FHP) on Thursday, July 14th, arrested a repeat traffic offender for a crash last November that killed a 15-year-old walking to his school bus stop in Orange County. The teen and his brother were on Valencia College Lane in the eastern part of the county, when a 2001 Pontiac Grand Am swerved off the road and hit the teens. The driver took off and left the boys bleeding in a ditch. The 15-year-old was taken to Arnold Palmer Hospital for Children but died after being taken off life support. His brother survived.

The 30-year-old man who left the scene of the Florida pedestrian accident was questioned nine hours later after the FHP put out an alert and a retired firefighter saw a badly damaged Grand Am in a Publix parking lot. Police questioned the driver when he left the store and took a blood sample but since so much time had elapsed no intoxicants were found in his blood. The man was arrested and booked into the Orange County jail, although WFTV does not say what the new evidence was that led to his arrest.

The article does say he had 22 prior traffic-related incidents including leaving the scene of an accident in 2008. He’ll be charged with leaving the scene of an accident again and failing to render aid (a violation of Florida Statute 316.192).

Reckless driving is the disregard for the safety of others usually by driving under the influence or speeding. A prosecutor does not have to prove that this driver intended to kill someone to obtain a conviction and put this habitual offender behind bars for as many as 30 years. Unfortunately, he was supposed to have an “interlock” device on his car that prevents a DUI convicted person from operating a motor vehicle, likely the result of his past violation.

We can all do our part to keep dangerous repeat offenders off the road. Farah & Farah is a member of the national program, Hit-and-Run Reward that rewards someone who turns in a hit-and-run driver by paying them $1,000 if the individual is convicted of the hit-and-run. Visit our web site to learn more and the number for Hit-and-Run Reward is 1-800-644-8678.

Source: http://www.sun-sentinel.com/news/local/breakingnews/os-fhp-arrest-orlando-man-crash-kills20110714,0,4622883.story

The newspaper USAToday is chastising the National Highway Traffic Safety Administration (NHTSA) for undercounting the number of fatalities aboard the nation’s motor coaches therefore avoiding initiating tougher regulations. Between 1995 and 2009 at least 84 deaths of bus riders or drivers were not counted, found investigators for the newspaper who searched through government records and news reports.

With NHTSA reporting 133 motor coach fatalities between 2003 and 2009, the newspaper found an additional 32 deaths that weren’t counted and 42 deaths missing from the number of bus crashes between 2000 and 2009.

A spokesperson for Advocates for Highway and Auto Safety says by undercounting fatalities, the bus industry can tout itself as safer than it really is. With more than 750 million passengers traveling on motorcoaches each year, on average 20 are killed every year and more than 7,800 are injured. In a rollover, about three-quarters of the bus occupants who are killed, are ejected.

The National Transportation Safety Board (NTSB) has been looking into fatal motorcoach crashes for more than 40 years. For example, seat belts were first suggested by the NTSB in 1968.

In 2009, NHTSA released a Motorcoach Safety Plan requiring electronic on-board recording devices on all motorcoaches to monitor drivers’ hours and fatigue, along with a ban on using cell phones to text or call by motorcoach drivers. NHTSA also has electronic stability control, three-point seat belts, roof crush standards.

With these proposals and no action, Congress has introduced the Motorcoach Enhanced Safety Act (MESA) to address the lacking safety requirements of the motorcoach industry. That would include seat belts at each seat, an improved roof crush standard and anti-ejection advanced window glazing. Advocates is supporting the Motorcoach Enhances Safety Act (MESA) saying it’s about time to make motorcoaches a safe form of transportation.

Sources: http://www.cbsnews.com/stories/2011/06/29/national/main20075419.shtml, http://www.saferoads.org/files/file/MESA%20112th%20Congress%20Introduction%20Press%20Release.pdf; http://www.nhtsa.gov/DOT/NHTSA/Vehicle%20Safety/Articles/Associated%20Files/481217.pdf, http://www.stnonline.com/home/latest-news/3465-ntsb-updates-most-wanted-list-addresses-improved-motorcoach-safety and http://www.fmcsa.dot.gov/about/news/news-releases/2011/FMCSA-Strategic-Plan.aspx

You purchase a new car and just as added peace of mind, you also purchase something called credit life insurance to pay off the loan if you die before the life of the loan. It is protection against the risk of defaulting. There is also credit disability insurance to pay a loan off if you become disabled and cannot work.

Farah & Farah’s consumer lawyers want you to know that several class action lawsuits have been filed and some settled on behalf of consumers who purchased this type of insurance and paid off their auto loans early but did not get an “unearned premium” refund. Because the entire premium for the loan is paid up-front in a single premium, if the loan is paid off early, there is no longer any loan left to insure. That consumer then is owed a portion of the up-front premium.

In some cases, the consumer may have paid the loan and purchased or traded in one car for another car later to find the credit life or credit disability policy did not exist on the new vehicle loan.

You may have rights and not know it. Contact Farah & Farah if you paid one of these up-front premiums and never heard another word after paying off your loan early. Thousands of these certificates of insurance have been purchased, representing a financial boom to the insurers. Remember- the return of these funds is mandatory.

In many cases forming a “class” simply makes more sense because it allows an individual plaintiff access to a remedy through the courts in a way that would not make financial sense as an individual.

Source: http://cfbfirm.com/wp-content/uploads/2011/02/2.14.11-Order-Granting-Preliminary-Approval-of-Settlement.pdf; http://www.ins.state.ny.us/ogco2003/rg031114.htm

A St. Augustine man is still hospitalized after he was struck by a vehicle as he rode his bicycle Thursday, July 7 on Ponce de Leon Boulevard near Anderson Street. So far police have not been able to get a good description of the vehicle so the St Augustine Police Department is asking for the public’s help in finding the driver. The vehicle is believed to be a pickup truck which hit the southbound bicyclist around 12:05 a.m. The make and model is unknown. Meanwhile the bicyclist is still in Flagler Hospital where he was taken after the crash.

Crime Stoppers will take your anonymous tip at 1-888-277- (TIPS) 8477 and you can receive a cash reward if your information leads to an arrest.

For some reason many people feel the need to flee from the scene of a Florida accident. This is absolutely the worst thing you can do. If a driver has no license, is intoxicated or in this country illegally, no punishment for those offenses will equal leaving the scene. Under Florida Fl Statute 316.027 a driver has an obligation to stay at the accident scene to render aid and answer questions. To leave becomes a felony and can bring at least 15 years behind bars.

With nearly 700,000 hit-and-run reports each year in the nation, Florida ranks third in the nation in the number of hit-and-run incidents.

Because this is such a problem in our state, the Farah & Farah law firm is a member of Hit-and-Run Reward, a national program financed exclusively by American personal injury attorneys who believe if you report a hit-and-run driver you will not only feel good by keeping a dangerous driver off the road, but you could receive a financial reward of $1,000 for anyone you turn in who is later convicted of the hit-and-run. This program is offered in addition to the Crime Stoppers reward program, so doing the right thing could yield you $2,000. The number for Hit-and-Run Reward is 1-800-644-8678.

Sources: http://www.firstcoastnews.com/news/article/210646/3/Hit-and-Run-Victim-Remains-Hospitalized-Suspect-at-Large and http://archive.flsenate.gov/statutes/index.cfm?mode=View%20Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=316.027&URL=0300-0399/0316/Sections/0316.027.html

Kaiser Permanente researchers, in a study published in the Archives of General Psychiatry, have found that antidepressant use, particularly during the first trimester of a pregnancy, tripled the risk of autism. The risk was doubled among mothers taking an antidepressant at any time one year prior to delivery.

The study, funded by the Centers for Disease Control and Prevention (CDC), included 1,805 children and measured the prenatal use of serotonin reuptake inhibitors (SSRI) which include Prozac, Zoloft and Celexa. In a population-based study among 1,507 children with autism spectrum disorder from Northern California, a survey was taken of the mother’s drug use and mental health history. After adjusting for a number of factors, the mothers of children with autism were twice as likely to have taken an antidepressant sometime the year before birth. Mothers who took the SSRI in the first trimester were three times as likely to have a child with autism. However, researchers suggest women not change their drug regimen without first talking to their doctor.

The conclusion is that environmental factors may play a larger role in contributing to the development of autism than previously understood, though more study is needed. Other studies have suggested that abnormalities in serotonin-related genes may play a role in the development of autism.

Unfortunately, many patients find out after the fact that the drug they were assured was safe and effective is actually harmful. Many revolutionary drugs, approved by the Food and Drug Administration (FDA) (Vioxx, Darvon, Bextra, Fen-phen) are later found to have serious health complications. In some cases, a class action is formed to seek compensation from the drug makers. Consumers should always check their medications for the proper dosage, type of drug, and question whether it really is necessary.

Source: http://www.consumeraffairs.com/news04/2011/07/study-antidepressants-may-play-a-role-in-autism.html

Chantix, the smoking-cessation drug, has been in the news for causing vivid dreams and devastating personality-altering effects in some users. Now there is more bad news for Chantix. The drug, made by Pfizer, is the subject of a published report in the Canadian Medical Association Journal. Authors conducted a meta-analysis on Chantix and found a 72 percent increase in the risk of congestive heart failure along with stroke and other problems.

Consumer Affairs reports the U.S. Food and Drug Administration (FDA) just last month, ordered a stronger warning for the Chantix label and medical guides. The study comes out of Johns Hopkins School of Medicine and concludes these findings are “another reason to consider avoiding Chantix altogether.”

Chantix was found to be helpful in getting people to quit smoking however the number of adverse events was increased in those taking Chantix over a placebo. The increased risk of a cardiovascular event in the Canadian study was slight – 1.06 percent compared to 0.82 percent for placebo users, but nevertheless “raises safety concerns” about the drug.

In the first quarter of 2008, the FDA reported a record number of deaths and injuries associated with drugs – 20,745 serious injuries and 4,824 deaths. That represented a 2.6 fold increase from the previous quarter. Topping the list of most dangerous drugs was Chantix, linked to 1,000 injuries and 50 deaths from January to March 2008.

The report was compiled by the Pennsylvania nonprofit group, The Institute for Safe Medication Practices (ISMP), which encourages drug safety.

After that, pilots and air traffic controllers were told not to use Chantix by the Federal Aviation Administration, and truck drivers have been warned not to use the drug by the Department of Transportation. Some users reported Chantix caused serious psychiatric problems including blackouts, seizures and feeling of suicide, as well as a disturbance in heart rhythms.

Sources: http://www.consumeraffairs.com/news04/2011/07/another-study-links-chantix-to-heart-attack-risk.html, http://www.consumeraffairs.com/news04/2011/06/fda-warns-of-heart-attack-risk-for-chantix-users.html and http://www.latimes.com/news/nationworld/nation/la-sci-drugs23-2008oct23,0,3729962.story

In order to save money, one state lawmaker proposed that nursing home patients spend less time with a certified nurse every day. That proposal became law on July 1 in Florida, designed to save $40 million a year. The reason for the move - state nursing homes will see $187.5 million less in Medicaid money and as a result, direct one-on-one time with a certified nurse will be reduced from 2.7 hours per day to 2.5 hours. Back in 2007 the Legislature mandated 2.9 hours of direct care a day.

At least another hour of direct came is supposed to come from the nursing home staff. It should come as no surprise that staff reductions will occur. The union that represents health care workers said that petitions were delivered to 41 nursing homes last week asking them to maintain their staffing levels, but the reality is that few will be able to withstand the financial blow leveled by this legislative session.

Medicaid pays for 61 percent of billable days in a nursing home, while Medicare pays for 19 percent and the remaining 20 percent is paid by the resident.

One physician told Health News Florida that it’s tough to justify this area for cuts. A University of South Florida study found fewer bedsores for nursing home residents and falls with adequate staffing. And more staff means residents can interact and stay mentally active.

If your loved one has been mistreated or suffered neglect in a Florida nursing home, the nursing home abuse lawyers in Jacksonville at Farah & Farah will not let that continue to occur, not one more minute. The elderly are the people who took care of us when we were children and now it’s our turn to take care of them. Anything less is unacceptable. Contact Farah & Farah for a complimentary consultation if you suspect elder abuse of any sort. Do not let it continue one more day.

Source: http://www.healthnewsflorida.org/top_story/read/nursing_home_staffing_level_drops_today

Florida’s house party laws are being tested as four adult men were charged Thursday, June 30, with having an open house party in Fernandina Beach where alcohol and drugs were served to at least 16 minors. The house party was busted when a 21-year-old football player for the University of Alabama was found dead the morning of May 12 in the home after a night of partying. An autopsy revealed he had three drugs in his system – Methadone, Valium, and Soma. The four young men have turned themselves in and were released on $5,000 bond each.

The problem is some parents feel drinking is a rite-of-passage for young people and they would rather have their teen drink at home. But Florida Statute 562.11 prohibits an adult from allowing anyone under the age of 21 from possessing or consuming alcohol on his or her premises. The punishment can include a fine of up to $500 or 60 days in jail for the 2nd degree misdemeanor.

The 2011 Florida legislative session voted to toughen the penalties for adults who host house parties, increasing the charge to a first-degree misdemeanor for a second offense. It is still a second-degree misdemeanor for the first offense. Fines can range from $500 to $1,000 and jail time can include a maximum of 60 days. The stiffer penalties just went into effect July 1.

It is also a first-degree misdemeanor charge for any adult who allows a minor to consume alcohol or drugs before that minor gets into an accident involving serious injury or death. The adult will be considered the at-fault party and held liable for any injuries to or by the intoxicated minor.

Source: http://www.firstcoastnews.com/news/article/209535/3/4-Warrants-Issued-in-Connection-with-Death-of-Football-Player-Aaron-Douglas