On Wednesday, July 23, 2014 a man in his fifties filed a very serious lawsuit against the Boy Scouts of America. Unfortunately, the basis of this suit is founded upon alleged scout leader sexual misconduct. The suit also identifies this scout leader as having been previously banned for providing alcohol to underage individuals. The suit claims that the BSA allowed the particular branch of the Boy Scouts of America to hire Calvin Malone in the 1970’s, despite having been previously banned for intoxicating young boys. The lawsuit claims in part that the Boy Scouts of America failed to provide proper warnings to the parents, or the young boys in the scout group regarding this alleged predator. Of course the suit against scouting is centered upon the perceived high moral level of trust that scouting functions upon and how that trust, at least in this particular instance, had been breached. In this lawsuit, records have been allegedly uncovered that the Boy Scouts of America had a file on this particular scout leader establishing that they were aware that he had sexually abused a child previously, as well as they knew of his propensity to serve alcoholic drinks to minors. The suit discloses that Malone apparently had a method of encouraging his scouts to get so drunk until many of them passed out. Since these alleged acts occurred in the mid 1970’s the Plaintiff (who is undisclosed in this case at this time, and appears as “Jim Smith”) is currently in his 50’s. Of course the Boy Scouts of America refuse to comment on the litigation just filed but, issued a statement that this form of abuse is contrary to everything that the Boy Scouts of America stands for. I submit to you that the reason why this particular suit is of significance is that it raises the important question of how many other ex-scouts may be out there who may have been subjected to similar misconduct, and have sat silently still, suffering this long? For further information or discussion on this serious topic feel free to contact the Victim’s Rights Attorneys at the Schulman Law Group at 954-349-3300, 1-877-529-0444 or at firstname.lastname@example.org
The New England Journal of Medicine has reported details from studies revealing almost confirmed side effect risks associated with taking Niacin in association with Statins. Niacin has been prescribed to hundreds of thousands of patients as a means of controlling their cholesterol levels and for heart care.
Apparently, these studies are revealing that it may not be a proper protocol. The studies have determined that Niacin is not only not effective, but it is not preventing any more issues than Statins alone, and is placing patients at high risk. It seems as though there is an unusually high mortality rate associated with taking routine Niacin.
While physicians are stressing that no one should stop taking Niacin without first consulting with their doctors, there are over 700.000 prescriptions written for Niacin on a monthly basis. The tests are reporting a nine percent (9%) increase in the risk of death for those taking TREDAPTIVE – a Merck Pharmaceutical drug.
In addition to gastrointestinal and sugar level issues, the reports speak to a higher rate of infections and bleeding. Essentially, the tests cause great concern that there are serious risks associated with continuing the use of Niacin in the control of cholesterol along with Statins.
Needless to say, if one has these issues they should immediately consult with their cardiologist or internist.
For further information or discussion on this topic feel free to contact the Fort Lauderdale Products Liability Attorneys at the Schulman Law Group at 954-349-3300, 1-877-529-0444 or at email@example.com
The Florida Supreme Court is about to hear argument on a case concerning the limitation on damages for pain and suffering. In this particular case a jury awarded the amount of one million five hundred thousand ($1,500,000.00) dollars, but the Court reduced the award to five hundred thousand ($500,000.00) dollars, pursuant to a Florida Statute, which came into effect in 2003.
The question in this case is whether the limitations should be applied retroactively. While the lawsuit was filed against Dr. Daniel Weingrad in 2006, the injury occurred three years before that. The Court will weigh whether retroactive application violates the Plaintiff’s due process rights.
The Defense in this case is once again relying upon the alleged “medical malpractice crisis” that allegedly drove up medical malpractice insurance costs, as the legislative intent for retroactive application.
Of course, in its deliberations herein, the Supreme Court of Florida cannot consider whether the crisis was in fact real, or allegedly manufactured by the insurance companies that write malpractice insurance coverage, as part of their relentless attempts to legislate victims’ rights to recover damages, out of the law.
One can surely argue that the financial data to support either argument may not be entirely reliable. But one thing is for sure, that the burden of lifelong pain and suffering should not justly be arbitrarily “capped” for the victim in our system of a just and civil society, simply out of a concern to provide more profitability for a parasitical corporative entity.
One could strongly argue that despite our country’s commitment to a capitalistic economy, a just society should neither profit from its health-care systems, nor profit from insuring against its neglect.
So while the Court may be analyzing such legal concepts as legislative intent and constitutional issues of due process, eventually our legislature needs to ultimate consider what type philosophically just society we want to protect individuals’ interests.
For further information or discussion on this topic feel free to contact the Fort Lauderdale Malpractice Attorneys at the Schulman Law Group at 954-349-3300, 1-877-529-0444 or at firstname.lastname@example.org
A note-worthy ruling was recently made regarding a couple’s malpractice lawsuit for the loss of a son following a breeched delivery by a mid-wife. The child survived 13 days in the neonatal intensive care unit before passing away from severe brain damage and organ failure following a loss of oxygen from being delivered breeched. It opened its eyes just before he passed. The $5 million dollar award is remarkable for several reasons. Firstly, the mid-wife in the case did not carry malpractice insurance and therefore it is unlikely whether the Plaintiffs in this suit will ever see $1 dollar from this case. One has to seriously question the wisdom of such an action in principal having been brought; considering all the additional suffering the parents had to further go through in re-living such a tragic loss for trial – to obtain an uncollectable judgment. Nevertheless, those parents were commitment to making the public aware of why this tragedy occurred. Secondly, the next interesting aspect of this outcome is the fact that it was from a JUDGE’S VERDICT, without a jury; and therefore speaks volumes of how much a judge considered the parents suffering to be deserving of. In Florida, we have gone through decades of debate over the concern that jurors, if left up to their own sense of right or wrong (sympathy) would provide outrageous jury verdicts on pain and suffering alone. Yet, this judge, in a conservative community and left up to his own conscience found that $5 million dollars was an appropriate value.
For further discussion regarding this topic please contact the Fort Lauderdale Malpractice Attorneys at the Schulman Law Group at 954-349-3300, 1-877-529-0444 or at email@example.com
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 firstname.lastname@example.org
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 email@example.com
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.
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 firstname.lastname@example.org
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 email@example.com
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.