Millions Awarded For Texting While Driving Lawsuit

A Florida Court awarded over 4 million dollars to a brain injury victim of a car accident caused by an individual who was texting while driving.  The victim was 26 years of age.  The Florida Highway patrol testified that the victim was a passenger in a vehicle being operated by her then boyfriend.  The vehicle the victim was in vehicle that failed to stop for a stop sign and collided with a tractor trailer.  The driver of the victim’s car was texting which prevented him from observing the stop sign or the fact that a tractor trailer was in its’ path.

Accidents caused by texting are occurring everyday throughout Florida cities like Weston, Fort Lauderdale, Davie, and Pembroke Pines. For instance,  Sunrise, Florida residents are coming upon many intersectional accidents that occur near Sawgrass Mills Mall because someone is too busy texting while driving.

In the case which was decided in Flagler County, the victim remained in a coma for weeks and yet still requires assistance to ambulate.  In that case the party at fault was uninsured and yet the victim still wanted her day in court.   The case was tried solely before a Circuit Court Judge and no jury.

We now know that texting while driving is many times more dangerous than driving drunk.  There are texting and driving simulators that are being used in schools throughout Florida to demonstrate how serious it is.

Unfortunately, Florida’s legislature has failed to make texting while driving a criminal offense, and in fact, the fine is only $30.00 if you are caught texting while driving anywhere including Fort Lauderdale, Florida.

For further information or discussion on this topic feel free to contact the Weston, Fort Lauderdale Accident Attorneys at the Schulman Law Group at 954-349-3300, 1-877-529-0444 or at info@schulaw.com

Is Your Weston, Fort Lauderdale, Florida Smoke Detector Protecting You?

ESL, and INTERLOGIX hard wired smoke alarms are being recalled.  Apparently the Interlogix brand 400/500 series smoke detectors are experiencing radio frequency interference that can cause the units to fail to warn occupants in a room of detected smoke.

Anyone with such a smoke detector in Weston, Fort Lauderdale, Pembroke Pines, Florida or any other installed location, should immediately get in touch with their security system provider to determine if these recalled unit are part of their fire prevention system.   Consumers will receive a free replacement if their Davie, Fort Lauderdale Florida units have ESL/ INTERLOGIX 400/500 series smoke detectors.  There is a complete descriptions of both of these models by each manufacturer in the warning that is attached to this article.

These units were designed to be installed professionally in homes, college dormitories, apartments, commercial buildings, hotels, and the like.  If you review the warning from the manufacturer you will be able to determine whether your particular series number is involved in this recall for any of the units that may be installed in a Sunrise, Weston, or Fort Lauderdale, Florida dwelling are listed in the corporate recall notice.

While the corporate warnings claim that there have been no incidents of injury, needless to say, the more information concerning the potential for harm that is disseminated to the Weston, Pembroke Pines, Sunrise, Florida public the safer it will be for the ultimate intended user.

For further information or discussion on this topic feel free to contact the Weston, Fort Lauderdale Products Liability Attorneys at the Schulman Law Group at 954-349-3300, 1-877-529-0444 or at info@schulaw.com

Faulty Hip Transplants Lead To A Multi-Million Dollar Group Settlement

Biomet Inc., has agreed to pay over $50 million dollars to settle lawsuits filed with regards to defective hip prosthesis designed and manufactured by them.  The particular device that was part of the failures and litigation are known as M2a Magnum.  There are hundreds of reports of failures of these prosthesis that have led to injuries.

As a condition of the settlement the manufacturer has to escrow $50 million dollars plus.  All recipients (including Weston and Fort Lauderdale, Florida residents) of either the Biomet M2a 38 or M2a Magnum hip prosthesis are scheduled to receive at least $200,000 dollars.  Claimants throughout Weston and Fort Lauderdale Florida are entitled to receive a minimum of $200,000.00 depending on whether or not the operative reports and pathology reports demonstrate ALVAL (aseptic lymphocyte-dominated vasculitis-associated lesion).

Apparently, the metal in these prosthesis enters into the blood and hip compartment, causing significant injury to the hip joint.   If one chooses to opt out of the settlement then that case would head to mediation and then if it cannot be resolved in a Fort Lauderdale or South Florida mediation then the case would continue in the Florida, Federal Court system.  The claims are predicated upon a determination that the claimant required surgical revision due to a condition named Metallosis.  Metallosis is caused by chromium and cobalt leaking from the prosthesis.  A South Florida, Weston or Davie or Fort Lauderdale claimant can either qualify for the $200,000.00 settlement amount or attempt to seek more if they can demonstrate unusual related infections, long term disabilities or other long term impairments as a result of the revision surgeries.

For further information or discussion on this serious topic feel free to contact the Fort Lauderdale Product Liability Attorneys at the Schulman Law Group at 954-349-3300, 1-877-529-0444 or at info@schulaw.com

 

Who Remains Silent about Alleged Sexual Abuse as a Boy Scout?

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 info@schulaw.com

NEJM Releases Study of Risks Associated With Taking Niacin For Cholesterol

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 info@schulaw.com

ARE LIMITS ON DAMAGES IN MALPRACTICE (OR ANY INJURY LAWSUIT) JUST?

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 info@schulaw.com

 

COUPLE AWARDED $5 MILLION DOLLARS IN MALPRACTICE LAWSUIT

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 info@schulaw.com

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