But has dropped his lawsuit against tobacco giant Philip Morris USA. Instead, he has accepted a $1,000 settlement against Big Tobacco. In his case, the fear of having to pay the legal fees of Philip Morris outweighed the risk of going to trial and losing. Two smokers recently had to pay the company $100,000 and $30,000.

When the Engle class action lawsuit against tobacco companies was decertified along with its $145 billion damage award, individuals were free to file their own cases. That meant that about 4,000 cases were filed in state court and about 4,000 in federal court. In the first case filed by the family of a man and a Florida jury awarded $8 million to his widow.

Based on the original Engle findings, the Florida Supreme court decided to reinstate a portion of the decision determined by the class. As a matter of fact these answers have been determined by Engle – that smoking causes certain diseases, that cigarettes are addictive, that cigarettes are defective and unreasonably dangerous, that tobacco companies conspired to conceal or omit information regarding the health effects of cigarette smoking or the addictive nature of smoking cigarettes and that they lied about cigarettes.

Philip Morris USA, a unit of Altria Group Inc. has vowed to fight the cases.

Source article: http://www.wtop.com/?sid=1818194&nid=111

An undiagnosed sinus infection became bacterial meningitis taking her life. Monday, December 28, 2009, the government finally settled with the family. Most of the $850,000 will go to her 4-year-old daughter who was delivered seven weeks early by C-section as he mother lay dying. The child will not go without, but she will go without her mother.

Our condolences to the family for their immense loss. It is a complete tragedy, especially considering that the failure-to-diagnose case is the third settled by the family’s attorney with this hospital.

Medical Malpractice
By failing to diagnose this young woman simply by taking her temperature, determining she had a bacterial infection and treating the infection with antibiotics, the hospital committed malpractice. She had shown up at the Mayport clinic with the respiratory infection and a two-to-three day history of headaches, but told to continue taking over-the-counter (OTC) medication. Even the young woman’s mother called the clinic herself to demand they give her daughter a prescription for antibiotics. Instead the daughter received a different OTC medication.

Malpractice occurs when a standard of care is violated and that clearly happened here. By the time the bacterial meningitis was diagnosed, it was too late. She died two days later and her organs were donated. Her mother says her daughter was her best friend.

There are many preventative measures bicycle riders can take to protect themselves from injury. To name a few, a helmet can be worn to protect head damage, and awareness of weather conditions can help a rider to choose a better route or prevent an unnecessary slip and fall from wet or icy ground. Unfortunately, not all bicycle accidents and injuries are the fault of the rider and collisions may arise from third party negligence. A distracted motorist may fail to yield to a bike rider when merging lanes or an intoxicated driver could recklessly strike the biker. In such cases, motorist negligence can cause a bike accident that may result in personal injury, including broken bones, paralysis, or severe body lacerations. Many of these injuries can leave lasting scars on the skin, cause victims to suffer long-term emotional trauma, and create financial debt from intense medical treatment. If you or a loved one has been injured in a bicycle accident as the result of someone else’s negligence, a Brunswick Georgia bicycle accident lawyer may be able to help you and your family receive due compensation for pain and expenses.

The skilled and dedicated lawyers at Farah and Farah have many years of experience protecting the rights of Brunswick, Georgia personal injury and bike accidents victims. Our experienced personal injury attorneys have the legal knowledge and resources to help you receive compensation for personal injuries, emotional grief, and financial losses. To receive a completely free consultation of your case, please contact Farah and Farah at our Brunswick, Georgia office today:

(912) 466-8896
4216 Coral Park Drive,
Suite 107
Brunswick, GA 31520

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Our condolences go out to the family of this young driver.

Young Driver Traffic Statistics
According to the National Highway Traffic Safety Administration, young drivers, ages 15-to-20, represent 9 percent of the U.S. population in 2007, and 6 percent of the licensed drivers. But they also represent 19 percent of the fatalities in the United States in 2007.

Approximately two-thirds of the people killed in fatal young-driver crashes are the young drivers themselves or the passengers (of all ages) of the young drivers.

Of the passengers killed riding in vehicles with young drivers, 67 percent are in the same 15-to-20-year-old age group as the drivers. And 56% of the fatal crashes and 57 % of the fatalities involving young drivers occur on rural road-ways.

The driver was trying to reenter the country when he was arrested on an active warrant. He is being held in jail since FHP considers him a flight risk.

Vehicular Manslaughter
The two young women were traveling north on Dean Road after leaving SR 408 exit, according to the Florida Highway Patrol. The man reportedly had a blood alcohol level of .085 when he ran a red light driving his 2008 Infinity south on Dean road. He was speeding according to troopers, going 68 mph in a 45 mph zone. The speed literally split the Acura in two, killing the two women at the scene.

Friends of the male driver say he was not leaving the country to avoid prosecution, but to visit his relatives. Our condolences go out to the families of these two girls who have had to wait for justice for so long.

Florida Accident Statistics
Florida drivers ages 15 to 19, have the highest rate per 10,000 licensed drivers of crash involvement (399.04) and drivers 20-24 have the highest rate in fatal crashes (4.24), according to 2008 statistics from the Florida Highway Patrol.

Unfortunately. that time was too much for the cyclist who did not survive the crash. Both Key Biscayne and the City of Miami Fire Rescue are closer to the scene of the accident. The family issued a statement, “Lives were changed forever, and two families are grieving and going through an extremely difficult time.” The county is launching an investigation.

Our sincere condolences go out to the family of the affected individual. The response time is a strong factor in survivability of a bicycle crash with an automobile.

Florida Bicycle and Passenger Fatalities
While bicycle and passenger fatalities decreased 2.5% from 121 to 118 in 2008, 118 bicyclists were killed in 2008 in Florida. There were also 4,380 injuries during that time period from 4,775 crashes. Unfortunately, car drivers will often tell you they did not see a bicyclist or a motorcycle. That is often because they are not looking.

The problem is a rod-retaining clip that has been fitted incorrectly and in some Ram trucks the part has not been fitted at all. No accidents are reported as a result of the brake issue, but Chrysler says the problem with the braking system could result in brake failure without warning, “which could cause a crash.” As auto defect attorneys in Florida and throughout the U.S. are monitoring recall updates, Chrysler is working closely with the National Highway Traffic Safety Administration on the recall.

The auto giant is in the midst of trying to rebuild its image after going through bankruptcy last year and receiving federal bailout money. NHTSA is encouraging consumers to call Chrysler to obtain the fix.

Source report: http://online.wsj.com/article/SB10001424052748703837004575013263719462230.html?mod=googlenews_wsj

The teen was one of two passengers ejected from the vehicle, a 2005 Ford, after the driver lost control and the car went into the grass median before overturning twice. He was not wearing a seat belt. The other passenger, a 21-years-old, also of Atlantic Beach, was not wearing his seat belt and was hospitalized. The 29-year-old driver from Atlantic Beach was wearing a seat belt and sustained minor injuries.

Our prayers go out to the family members of the young man who did not survive and the other injured man who was taken to Halifax Health Medical Center in Daytona Beach and is recovering. We wish him a speedy recovery.

Florida’s New Seat Belt Law
Many people argue that they should not have to wear a seat belt if they do not want to and they refuse to buckle up. The National Highway Traffic Safety Administration reports 20% of drivers are still not buckling up.

Birth injury will devastate a significant number of families each year, with an estimated six to eight newborns out of 1,000 having difficulty during the birthing procedure and suffering an injury. A certified physician has the responsibility to provide adequate and proper care for a patient about to give birth, including accurate diagnosis, identifying a future child at risk of stroke, and taking measures to prevent premature birth.

An annual estimate of 200,000 patients will experience grief from acts of hospital malpractice by medical professionals who have not given proper treatment or correct dosage of medication to their patients. Mistakes from negligence can be irreversible and drain the earnings of those who have suffered mistreatment. In cases of neglect, a skilled Palatka hospital malpractice attorney is available to help anyone in need of repairing medical damages due to the negligence of a doctor, nurse or employed medical practitioner.

If you or a family member has experienced emotional trauma, physical pain, birth injury or personal loss at the expense of a medical negligence, the skilled and confident Palatka personal injury attorneys at Farah and Farah can help protect your rights. Loved ones and victims of neglect have trusted our lawyers for many years in hospital malpractice and birth injury cases. For a free and confidential consultation of your case, call the Palatka office of Farah and Farah today:

(386) 328-2889
417 St. Johns Avenue
Palatka, Florida 32177


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The problem with many recalled cribs is that they continue to resurface in the second-hand market, whether it is through a garage sale or consignment store.

Tenenbaum says she plans to ratchet up the public outreach for baby and toddler products by using multimedia tools, print, radio, television and social media to find the recalled items. Also CPSC is partnering with Safe Kids USA, Keeping Babies Safe, and the National Safety Council.

Recently the CPSC recalled more than 2 million Stock Craft drop-side cribs as well as 600,000 Dorel Asia cribs. Be sure to visit the CPSC Web site if you are planning to purchase a used baby crib or toddler equipment to check that it is not a defective product that has been recalled.

Source report: http://www.consumeraffairs.com/news04/2010/01/cpsc_cribs.html

The only good news to report here is that the number of retail workers who died at workplace violence has declined over the past 10 years from 286 in 1998 to 167 in 2007. OSHA recently updated its guidance report, Recommendations for Workplace Violence Prevention Programs in Late-Night Retail Establishments, which was published in 1998. The updated Recommendations identify risk factors and feasible solutions.

Under the Occupational Safety and Health Act of 1970, all employers are required to provide a safe and healthful workplace for their employees. Otherwise, someone injured on the job through no fault of their own, may have a premises liability case against the owner of the place of business.

In terms of other types of dangers on the job, OSHA reports that 5,071 workers died on the job in 2008. Employers under federal law are required to report any work-related deaths or in-patient hospitalization of three or more employees to their OSHA area office or call OSHA toll-free at 1-800-321-6742.

Source report: http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=NEWS_RELEASES&p_id=17115

Traffic investigators say the woman was riding in a 2001 Toyota truck driven by a 26-year-old man from Orlando. According to troopers, the motorist was speeding north on South Tropical Trail. He overcorrected when he drove onto the shoulder of the road, veering into the path of a southbound 1997 Ford truck. A 45-year-old Merritt Island resident was driving the Ford. Both she and the driver were taken to the hospital with serious injuries. The crash is under investigation and charges are pending.

We offer our condolences for family and friends of the young woman and our prayers for a full recovery for the injured parties.

Speeding Vehicles Cause Accidents
We do not know the specific causes of this accident or who will be held responsible. But we do know that speed kills. Federal statistics from 2008 indicate that speeding is one of the most prevalent factors in traffic fatalities. The National Highway Traffic Safety Administration says speeding was involved in about 31% of fatal crashes in 2008, causing 11,674 deaths.

Our prayers for a speedy recovery go out to all injured in this accident.

Alcohol-Related Accidents in Florida
The Florida Highway Patrol reports that state and local law enforcement agencies in Florida issued almost 65,000 DUI violations in 2008. While alcohol-related fatalities in 2008 were down from 2007 by 6%, 39.5% of all traffic fatalities involved alcohol, the highest it’s been in years. While no one was killed in this accident, one man is accused of driving under the influence and causing the injury of 14 people.

Not only is birth injury an unfortunate occurrence, but hospital malpractice is a serious form of negligence that causes people seeking treatment unnecessary physical pain and avoidable emotional grief. Common forms of hospital malpractice include improperly prescribed drugs, misdiagnosis, error during surgery, and even ignoring a patient in a desperate condition. Though a doctor or staff member may have caused irreversible errors, these parties may be held liable for any pain, expenses or unfulfilled responsibilities as medical professionals.

Farah and Farah personal injury attorneys have been working with families and the victims of medical malpractice and birth injury for several years and have the experience necessary to help protect the rights of mistreated patients. If you or a family member has experienced financial, emotional, or physical grief or loss due to medical malpractice or birth injury, contact the Gainesville offices of Farah and Farah for a free and confidential consultation:

(352) 375-3393
2233 NW 41st. St.
Suite 700-1
Gainesville, FL 32605

The Florida Highway Patrol says he was heading east just before noon when he hit the rear of the tractor-trailer. The driver of the truck said he was on cruise control at 68 mph when he felt a large explosion. When he looked into his rear view mirrors all he saw was dust and debris. The 48-year-old man’s vehicle was actually stuck under the trailer rig. The man was pronounced dead at the scene by paramedics from Washington County.

Our condolences go out to the family of this motorist.

When a fully loaded tractor-trailer weighing in at over 80,000 pounds collides with an automobile weighing about 3,000 pounds, even if it is a rear-ender, 98 percent of the fatalities occur to people in the passenger vehicles. It sounds as though there was nothing the driver of the big-rig could have done to be safer on the road.

Distracted Driving
Almost weekly we are reporting about people who collide into the back of the vehicles. Dialing a cell phone and texting can contribute to distracted driving. But also, reaching into the back seat, changing the radio, having an argument in the car, and being sleep deprived, may all contribute to a less than safe driver.

According to a study by Virginia Tech last year, dialing a cell phone made the risk of crash or near-crash event 2.8 times as high as non-distracted driving; while talking or listening to a cell phone made the risk of crash or a near-crash event 1.3 times as high as non-distracted driving; and reaching for an object such as an electronic device made the risk of crash or near-crash event 1.4 times as high as non-distracted driving.

In Florida, there were 243,342 traffic crashes in 2008, which averages 665 per day. The type of crash, rear-ending the vehicle in front, tops the list of types of crashes, according to the Florida Highway Patrol in its 2008 statistics. In that year, there were more than 29,000 car accidents in Florida of this nature that resulted in more than 74,000 injuries and 318 deaths.

Nationally, NHTSA finds that at least 25% of police-reported crashes involve some form of driver inattention. That means more than 4,300 crashes each day across the country. And many suspect that estimate is low.

Source article: http://www.wjhg.com/home/headlines/81075122.html