What do Chevrolet, Toyota and Mirena Lawsuits Have In Common?

Recently the press has been full of reports of how major manufacturers have been either issuing recalls for millions of automobiles manufactured over the last decade, or news that their vehicles, or birth control devices are causing bodily injuries.

USA Today reports that Toyota is still feeling the impact of one of the most significant fines ever imposed upon an automobile manufacturer, while at the same time they have announced that over six million vehicles worldwide have been recalled (including close to two million American models).

The question is, have these manufacturers all of a sudden had a rise in their moral character, or are they responding to the pressures of government fines, or the fear of civil liability.  I would like to submit to you that the more likely explanation is the overwhelming threat that the civil justice system bears upon these manufacturers if they are found liable for hundreds of thousands of potential injuries and deaths.

The debate is not whether or not a manufacturer can design or manufacture a perfect product – be it an automobile, an SUV or a pharmaceutical company creating a birth control device.  The question is one of corporate integrity and transparency.  How long have the manufacturers known of the defects in their automobiles, or products?  There are over 13 known deaths associated with the ignition key issue of General Motor vehicles.  There over 2.6 million cars being currently recalled by General Motors and yet according to NBCnews.com, General Motors has known of this defect since at least 2005 and yet continued to either manufacture or withhold this safety information from the public threatened by this knowledge.

Are we to tolerate a corporate environment or government regulators that either intentionally withhold such information or look the other way at the risk of countless avoidable injuries or deaths.

You buy their cars and products.  You are the ones at risk.  You answer the questions.

For further discussion regarding this topic please contact the Fort Lauderdale Personal Injury Attorneys at the Schulman Law Group at 954-349-3300, 1-877-529-0444 or at info@schulaw.com

Thirty Victims In A Broward County Transit Bus Accident

On Thursday, October 17, 2013 more than 30 people were victims of a rear end collision when the bus they were riding was collided by a tow truck in Pompano Beach, Florida.  Fire Rescue responded and transported the victims among several local hospitals; including Imperial Point, North Broward General, Northwest Medical Center and Holy Cross Hospital. The collision involved a tow truck from Auto Club Towing in Hollywood, Florida.  The collision occurred on Sample Road close to Andrews Ave. in Pompano Florida, as the bus was allegedly pulling over. What is immediately disconcerting in any bus collision of this nature, is the likelihood of bodily injury.  County buses are generally not equipped with either safety restraint devices or air bags for the passengers and therefore a passenger inside of a county bus is vulnerable to be thrown about the interior of the bus upon an impact or sudden stop.  As we also know, much of the interior of a Broward County bus is not padded and has hard surfaces and metal appliances which can increase the likelihood of more significant injuries. If the bus driver was found to be even partially at fault, any claimant intending to be fully compensated would have to first have to properly “notice” their claim against Broward County, pursuant to Chapter 768.28 of the Florida Statutes (entitled “Sovereign Immunity”).  The Sovereign Immunity Statute limits the claimant’s right to recover, as well as restricts the amount of attorney’s fees that can be charged to be represented by a lawyer in a claim against the County. For further discussion regarding Bus accidents please contact the Fort Lauderdale Personal Injury Attorneys at the Schulman Law Group at 954-349-3300, 1-877-529-0444 or at info@schulaw.com

Is their Wisdom in Suing Multiple Defendants in a Drunk Driver Automobile Accident?

A jury recently returned a verdict of over $52,000,000.00 in the case of a four-year old girl who suffered a severe spinal cord injury after being involved in an accident in her mother’s minivan caused by a drunken driver. 

The “deep pocket” issue presented by the Plaintiff at trial was whether the booster seat in which the four-year old was seated on was defectively designed or manufactured.  The car seat in question was a Costco Protek Booster Seat, manufactured by Dorel Juvenile Group. 

The child’s life care plan reflected that she would require more than $60 million dollars for future attendant and medical care.  This was a rather challenging case to bring before a jury, inasmuch as the accident was caused by a drunken driver who was criminally convicted before the civil trial.  Extraordinarily, the jury found the drunk driver and the booster seat manufacturer each 50% at fault. 

Cases of this nature are not only extremely necessary in order to attempt to properly care for the victim but obviously bear a tremendous amount of risk.  Needless to say the jury could have found the drunk driver 100% at fault and in Florida it would deprive the victim and her family of receiving any of the jury’s $50 MILLION DOLLAR plus award. 

While one might presume that a jury could decide based upon the sympathy of the circumstances these cases, regardless of how profoundly serious the injuries are, rarely are decided upon sympathy alone.   There are often defects found in the design of the most well intended products, that but for the personal injury civil trial system are not exposed and corrected.  

Apparently in this situation there was a missing element in the booster seat that allowed the child’s upper torso to slide under the belt, which caused the life altering spinal injuries. 

For further discussion regarding defective products please contact the Fort Lauderdale Productions Liability Attorneys at the Schulman Law Group at 954-349-3300, 1-877-529-0444 or at info@schulaw.com

 

City Bus Driver Killed In Intersection Crash

A tow truck driver allegedly was speeding through an intersection at more than sixty miles per hour slamming into a city bus.  A lawsuit is being brought against the tow truck driver.  Additionally, it has been alleged that the seat belt restraint system in the bus apparently neglected to restrain the bus driver causing the driver to be ejected upon impact.  The information available alleges that the driver had engaged the safety restrained system.

Fortunately, the bus had no other passengers since there could have been many other seriously injured victims.  The bus had sustained severe property damage (there was a hole in the bus) as well as the accident caused a city fire hydrant to be seared off.  Also unfortunate is the tow truck driver who remains hospitalized in critical condition.

Accidents of this nature are quite inexplicable considering the sheer presence of a city bus and how unimaginable it is for one in a tow truck to not be able to notice a bus before entering into an intersection.  Of course that could explain why the driver of the tow truck also ran a red light.

In Florida an accident of this nature would limit the driver’s compensation from worker’s compensation to a mere $100,000, pursuant to Chapter 440 of the Florida Statutes.  Furthermore, this mere amount can be staggered over 5 years in a Florida worker’s compensation death claim.

If this accident occurred in Fort Lauderdale, Florida the estate of the deceased city bus driver could bring a wrongful death lawsuit against not only the driver, and the tow truck company, but maybe also against the bus manufacturer, as well, in order to seek compensation for all damages pursuant to Chapter 768 Florida’s Wrongful Death Act.

For further discussion regarding this very unfortunate matter please feel free to contact the Fort Lauderdale wrongful death attorneys at the Schulman Law Group at 954-349-3300, 1-877-529-0444, or at info@schulaw.com

Unfortunate Church Van Roll-Over Crash In Florida

On Saturday, September 14, 2013 a tragic crash occurred on Interstate 75 after a van carrying 15 church members rolled over due to an alleged blown tire.  Several of the injured were taken to Lee Memorial Hospital and others have been either released or transferred.

Unfortunately, two of the church members have subsequently passed away.  Apparently, the unfortunate victims were connected to the Creole community in Lauderhill near, Fort Lauderdale, Florida.  Many local churches are holding prayer vigils for the families.

There was also an infant who was injured and was taken to Tampa General Hospital.  It was reported that the driver could not control the van nor has there been an official release from Florida Highway Patrol to explain this incident.

Unfortunately, an incident like this, while inexplicable as to way good Church going people needlessly suffer, is not entirely without some understanding.  Vehicles of this nature often tend to be quite top heavy and are susceptible of over-turning even without the contribution of a tire failing on the vehicle.  The center of gravity on a van of this nature leads it to be capable of shifting its’ weight in such a manner as to cause a potential rollover under the wrong adverse circumstances.

Sometimes these vehicles can be improperly loaded and have an excessive number of occupants which can otherwise cause the vehicle to roll over under sudden emergent circumstances.  A tire at one corner of a vehicle failing, is often the cause of a rollover in as much as the vehicle shifts its’ weight balance and may otherwise cause the driver to possibly overreact in compensating for the sudden event.  Some vehicles are usually more capable of withstanding these forces than others.  This particular van in question also demonstrated that the roof crushed indicating a structural failure of the various columns that were otherwise designed to maintain the integrity of the roof.

For further discussion regarding this trajic matter and topic feel free to contact the Fort Lausderdale Personal Injury Attorneys at the Schulman Law Group at 954-349-3300, 1-877-529-0444, or at info@schulaw.com

A 2013 Tribute To 9/11

Today is a day of reflection that resonates throughout each and every one of us in some fashion or other;

It is a time of sorrow for those who had been ruthlessly murdered and it is also a time to appreciate how fundamentally fortunate we are as Americans to live in our great country;

9/11 resonates in each of us a particular sense of relation as citizens; and yet reminds us of how suddenly life can cause us to be victims;

9/11 is a time to renew our commitments for freedom, for liberty and for justice;

9/11 is an example of the classic confrontation between good and evil, between inexplicable horror and profound caring and kindness;

9/11 is a time of reflection that challenges our happiness and reinforces it at the same time;

9/11 is a time to forget about party affiliation and political persuasion;

9/11 is a time to re-commit each of ourselves to the virtues of goodness.

Golf Cart Accidents Involving Injuries and Deaths

The Associated Press reported on September 9, 2013 another fatal injury involving a golf cart.  Therein, a young male had succumbed to fatal injuries after suffering a head injury from being involved in a roll over of the golf cart he was riding in.  The news agency reported that the golf cart may have been modified, although the AP did not disclose in what manner.  The news agency also reported that there were four (4) other occupants in that golf cart before the incident occurred – two adults and two minors.  The details in that incident are sketchy but it is not unlikely that the vehicle was modified in such a way as to have potentially altered the center of gravity; which may be responsible for it having rolled over.

 Tragic incidents such as this involving golf carts, both on and off the streets, are not all that uncommon.  Statistically there is a report of at least one serious injury or death on a daily basis in the United States, arising out of the use of a golf cart.

A similar incident occurred on private property in Boca Raton several years back in which a young boy’s leg was almost completely severed off as a result of a roll over involving a golf cart being driven on the owner’s property.

Similarly, an individual had been run over by  a golf cart by his playing partner on a local Fort Lauderdale area golf course and had suffered life altering injuries as a result of that tragic event.

The public needs to be aware that the same responsibilities that govern the safe operation of any motorized vehicle apply to the safe operation of a golf cart; and that even under the relatively slow operational speed that most golf carts are driven, whether on the street or on a golf course, golf cart accidents can produce devastating, if not fatal injuries if one is careless, or there is a defect in the design or alteration of the device.

For further information feel free to contact the Fort Lauderdale Personal Injury Attorneys at the Schulman Law Group at 954-349-3300, 1-877-529-0444, or at info@schulaw.com

Another Attempt To Limit Medical Malpractice Victim’s Rights Is Underway

Speaker of the House Boehner is committed to passing law which will allegedly shield pro-Obamacare doctors, medical and drug device companies, hospitals and nursing homes from malpractice lawsuits.  It is being touted as an effort to stop “costly junk lawsuits and curb defensive medicine.”

 Evidently, this legislation (in its’ 2011 proposal) was deemed unconstitutional, because it attempts to usurp the state’s rights at legislating important tort laws and that it can override existing state laws.  Oddly, Tea Party spokespersons are against it for that simple reason – that it violates their values of limiting government and individual rights by federal overreaching.

Once again one needs to question the motives behind such legislation.  What is the purpose of attempting to enact such legislation?  Are these politicians looking to protect individual rights; I strongly submit they are not.  Are they looking to improve health care; I strongly submit not.  Are they looking to shorten the time period that an individual waits for care, medical devices or drug therapy; I submit not.  Are they looking to safeguard the integrity of the justice system; I submit that they are not.  Are they looking to find another reason to repeal Obamacare by creating unconstitutional legislation; I submit they may be.  Are they looking to protect special interests at the risk of promoting substandard health care services; I submit they are.

So why would you elect officials who represent themselves as being your representative when their motives are so apparently perverted?  Why would the electorate continue to support politicians who use their office to protect special interests as opposed to being concerned for individuals’ health care needs?

For further discussion regarding this very important topic  please feel to contact the Personal Injury Lawyers at the Schulman Law Group at 954-349-3300, 1-877-529-0444 or at info@schulaw.com

 

 

Can The Victims And Parents Of “Bullying” Seek Damages in a Lawsuit? Is That the Remedy?

CBS New York, and the Associated Press have recently reported that the mother of a boy who committed suicide after allegedly being the victim of “bullying” in Harlem, has filed a lawsuit.  The young victim, Joel Morales, who was 12 years old, took his own life at home by hanging himself in the shower.  The report claims that this child was victimized by other students because of his stature and a speech impediment.

The lawsuit names the aggressors, their parents and the Department of Education.  It is reported that this is a case of first impression in New York alleging that the Department of Education shares in the responsibility, because it failed to effectively stop the acts of ”bullying” against this young child.

Allegedly, the child’s mother had met with the bullies, their fathers, as well as school personnel; but that the acts of aggression only got worse thereafter.

Even moving the child to another school didn’t help – because the child remained in the same housing complex.  The aggressors would come by and throw sticks at the boys door.

This lawsuit can hopefully draw significant media attention to an apparently endless problem that plagues most communities and unfortunately does not seem to have an effective method for dealing with such destructive aggression.  This issue of allowing ongoing childhood abuse by other children obviously has profound implications and requires a concerted effort in order for it to be addressed on a national and community level and hopefully find some effective solutions, once and for all.

Parents throughout the country as well as Fort Lauderdale, Florida are endlessly dealing with the ramification of children who have it within themselves to attempt to dominate and belittle others without any true appreciation of its’ consequences.

For further discussion regarding this very tragic matter please feel to contact the Personal Injury Lawyers at the Schulman Law Group at 954-349-3300, 1-877-529-0444 or at info@schulaw.com

Nurses Accidentally Throw Out Brother’s Donated Kidney

A law suit has been filed by a woman against the University of Toledo, Medical Center, in Ohio for having allegedly, wrongfully discarded her brother’s donated kidney after it was removed.  While the hospital allegedly made attempts to reasonably accommodate the patient and her family by helping her find another donor and providing her with transportation expenses to another medical facility,  suit was brought for additional damages; such as various claims of consortium losses.

While the surgeon who performed the initial aspect of the transplant procedure still continues to operate at the University of Toledo Medical Center, two of the nurses were allegedly forced to retire and were terminated.  The hospital’s surgical administrator was also placed on administrative leave.  Another nurse, who had discarded the contents of the “slush machine” including the kidney, resigned.

Apparently, there was a shift change during a lunch break between members of the surgical team nurse(s) may have neglected or failed to properly inform the change of staff upon her return.  (One of the nurses has filed suit, claiming wrongful discharge and defamation.)

In Florida, a medical malpractice lawsuit regarding similar facts would have to be brought within two (2) years of the date of the incident; after having placed all prospective defendants on notice of intent to initiate medical malpractice litigation.  Upon receipt of such notice each prospective defendant would have 90 days in order to conduct informal discovery and investigation of the facts and circumstances alleged in the notice.  During that time the parties could request unsworn statements, as well as production of documents, and physical and mental examinations of the claimants.  At the conclusion of such investigation, the prospective defendant(s) would have the option of either denying the claim, admitting liability but agreeing to arbitrate damages or making an offer for settlement.

For further information regarding this tragic matter, please feel free to contact the Medical Malpractice Lawyers at the Schulman Law Group at 954-349-3300, 1-877-529-0444 or at info@schulaw.com