Florida Injury Lawyer Blog

As a Florida oil spill claims lawyer, I am scratching my head as to why judges in Boise, Idaho are deciding the fate of thousands of claimants in the largest environmental catastrophe in history.

But its true, lawyers from New Orleans like my pal, the great Russ Herman want the case in the closest courthouse to where the slick hit the fan. And he is right for many reasons, but most of all, to suggest that the case should be anywhere other than New Orleans, implies that the Federal Judiciary is somehow biased and won't give BP a fair trial.

As a lawyer, I find this insulting to the bench, bar and most importantly to the victims of the oil spill. And why, I wonder does BP want the matter to be heard in Houston, Texas? Simply because BP has corporate offices there? I bet it has something more to do with Houston's long standing love affair with oil.

Good work Russ, lets hope now that the MDL gets it right. Of course, as a Miami oil spill lawyer, I wouldn't mind if they pick a third venue, right in my backyard.

I am a Florida med-mal lawyer, and I don't really get it either. But Florida law basically views most surgeons as "independent contractors" . In other words, if one gets surgery in a hospital, and the surgeon makes a mistake, it is not the hospital's legal responsibility.

The Florida Third District Court of Appeal erased any doubt in its decision this week in Quesada v. Mercy Hospital. In a unanimous decision, the Court held that even a hospital's consent form is not (without more) a representation that the doctor is an agent of the hospital. Enter: Summary Judgment in favor of Mercy Hospital.

What is the importance of this for Florida's patients? A lot when you consider that most doctors are operating without medical malpractice insurance and hide behind the damage caps found in the Florida Statutes. This is another huge legal victory for hospitals and doctors across Florida and another slap in the face of injured patients.

Next time you are in the hospital and if you have the time and are conscious; consider asking the following:

1. Is the surgeon an employee of the hospital?
2. Are you "relying" on the representation in selecting that doctor?
3. Are you making your choice based upon that representation?

This can be even more confusing when you look at Mercy's website where it has a directory listing "their doctors".

In the meantime, I hope that our doctors are insured and careful, because Florida law will not help us.

I want you to know as a parent, and as a Miami traumatic brain injury lawyer, nearly 300,000 children ages 14 and under are treated in hospital ERs for bicycle related injuries every year. Half of these kids are diagnosed with traumatic brain injuries.

75 percent of fatal head injuries among child bicyclists could be prevented with a bicycle helmet. So why don't parents insist that their children wear them? Why don't local, state or federal lawmakers make it a crime to allow children to ride bicycles without a helmet? Florida Statute Section 316.0265 has a mandatory helmet law for children sixteen years and younger. But why just stop at 16? That is an absurd and crazy law and literally suggest that 16-, 17-, and 18-year olds; do not need helmets. Hell, everyone needs a bicycle helmet, even professional racers.

Now, thanks to the Epilepsy Foundation of Florida is offering free helmets. The program is funded by a grant from the Florida Department of Transportation. Interested in getting a free helmet? CLICK HERE and ride safely.

I have practiced personal injury and medical malpractice law in South Florida for nearly twenty years. Most of my clients do not speak, read or write English. Many of them have no proof of employment or lost wages. And honestly, most are in this country illegally.

Yet, for the most part they are here; working hard and doing the kind of work, Americans have found distasteful for the last decade or two. If you drive down my street in the morning, you would see gardeners and construction workers sweating in the sun. Probably not legal. Go to any restaurant in Miami, and the waiter, busboy, dishwasher and the one cleaning the toilets are probably not legal either.

Currently, I represent Enrique Milla who was deported to Peru shortly after he filed a medical malpractice case. He lived in this country for years, raised a daughter and grandson, and now his legal rights are being challenged due to his immigration status.

I am not an immigration lawyer, but as a South Florida injury lawyer, whether they are legal or not, I hope that whatever bug has got into the hearts of Arizona's legislature is not contagious and does not spread to Florida. And be careful what you ask for Arizona, because if you kick-out, the hard working, back-breaking laborers, who may not be legally in your state, but contribute to your economy, you better find a rake and a shovel.

Immigrants should be honored and embraced. I suggest we find a way to make them legal, tax them, educate them and secure their civil rights.

As a parent and Miami PI lawyer, I am saddened to report that nearly ten children under the age of five have drowned in South Florida so far this year. And its only July.

The Miami Herald reports that the most common theme is: "we only took our eyes off him for a minute".

Here is how you can immediately make your pool safer and save a life:

1. Install a pool fence. Most cities require permanent fences and have specific guidelines as to height, spacing of slats as well as other requirements. Coral Gables, where I live has its requirements posted online.

2. Maintain pool fence. Pool fences need to be maintained like cars and appliances to be effective, if a fence is unsteady, have it stabilized by a contractor or handyman.

3. Regularly oil and check gate latches and spring mechanisms. Faulty or broken latches and hinges negate the value of having a pool fence.

4. Install self locking gates. Never prop gates open and by having a self locking gate, you won't have to remember to close the gate behind you.

5. Keep gate keys out of the reach of children.

As a Florida defective prescription drug lawyer, we are currently investigating claims on behalf of patients taking Zocor, a cholesterol lowering drug. Patients taking the 80 mg dose of Zocor are suffering from rhabdomyolysis.

The Food & Drug Administration released a warning that highlighted the risk of rhabdomyolysis in patients taking Zocor 80mg.

Rhabdomyolysis is a medical condition that affects the muscles and can lead to kidney damage, kidney failure requiring dialysis, and even death. The muscle injury, also called myopathy, is a known side effect with all statin medications.

If you are taking Zocor and have experienced muscle pain, tenderness or weakness, speak to your doctor immediately. Be advised that the higher the dose of statin used, the greater the risk of developing myopathy. We are concerned about this drug and will provide free legal consultations to any consumers regarding potential claims against Merck, the drug's manufacturer.

Recent studies show that pediatric use of prescription medication is at all time levels. Medco Health Solutions reports that the increase is nearly four times higher than the overall population.

As a Miami product liability and wrongful death attorney, I am concerned that parents may innocently give their children adult prescription medication without knowing the affects. Lunesta, the prescription sleep aid is made by Sepracor, Inc.; and buried in its Medication Guide, it says "Lunesta is not for children."

This warning is on page two of four pages, not in bold letters nor listed under the "most important information" the manufacturer wants users to know.

Many parents, who have prescription medication at home, simply may not know the harmful and potentially lethal affects that Lunesta or other medications may have on children.

To prevent another child from being harmed drug companies should do the following:

1. Place warnings written in bold, bright red letters and on bottle labels.

2. Create a universal icon with a child and a round circle with a red strike should be on every prescription drug not suited for children.

It is my hope as a Miami drug lawyer and a parent, that no one will mistakenly believe that Lunesta or other medications can safely be given to children.

Lawyers to the Rescue is a non for profit organization created by lawyers to bring humanitarian aid to individuals worldwide. This month LTR heads to the Camillus House in Miami to bring attention to the plight of Miami's homeless community's unique legal issues as well as serve dinner.

LTR will provide: FREE LEGAL HELP FOR HOMELESS PEOPLE AND DINNER

Homeless persons who have civil legal problems are encouraged to visit LTR this event to receive free legal assistance and dinner. Volunteer attorneys and paralegals from LTR will provide help with a wide variety of legal matters, including child custody, credit issues, landlord-tenant and public benefits. Please note that LTR cannot provide representation in criminal matters, and cannot bring a lawsuit against anyone.

Please join us at: 726 NE 1st Avenue, Downtown Miami, Florida on August 10, 2010, 5:30 PM. For more information contact Dina Aronfeld.

Check out LTR's last event:

Raisa Bernabe is a mother. And, she is, before you read another word, entitled to the presumption of innocence. As the family's attorney, it is important that everyone remember that an innocent little boy's life ended that day and that Raisa Bernabe is an American citizen entitled to a fair trial and the constitutional right to the presumption of innocence.

Cases are not decided in the media, they are decided by sworn testimony in a court of law. No one should come to any conclusions about a mother charged with manslaughter, other than her innocence, from what is heard in the media.

Prosecutors have leaked information about the death of her 4-year-old son, Nicholas Odze and alleged that she gave him, a Lunesta, a sleeping pill. They have made public, toxicology tests conducted as part of the toddler's autopsy. This is unfair and prejudices her ability to have a fair trial.

As Gerry Spence, so brilliantly taught me, if we allow the destruction of the rights of any accused, none of us are ever safe from the law that stands to protect us.

I am a Miami PI lawyer, and I am embarrassed and ashamed. The Miami Herald reports that a Coral Gables couple, pilfered patient medical records from Jackson Memorial Hospital and sold them to several lawyers in exchange for kick backs.

The Herald went in to great detail about how the crooks worked with a JMH employee and got paid hundreds of thousands of dollars to do it. However, not a word on the lawyers, who in my mind should be disbarred and imprisoned.

This unethical and illegal conduct reinforces the misconception in the minds of many in the public that lawyers are cheats and that personal injury cases are frauds. I believe that all of the money that was paid on these claims should be returned to the insurance companies or defendants that wrote the checks. And what about the injured? They should have their statutes of limitations extended and be given an opportunity to obtain real justice, not stolen money.

As a Florida Avandia claims lawyer who represents consumers injured by the Diabetes drug Avandia, I was pleased to learn that GlaxoSmithKline issued a statement that they were halting the recruitment of patients for a so called TIDE trial. In other words, they are not looking for more people to subject to this dangerous drug for clinical trials. However, they have not agreed to halt those that are participating in ongoing trials.

Seems to me, that is is a reckless and callous indifference to the well being of those participating in Avanda trials. Why cannot the FDA step in and order the trials be stopped until such time as either Avanida is proven safe or is completely withdrawn from the market?

Once again, the FDA proves to me to be too slow and too conservative in its efforts to protect consumers from defective drugs. I suggest that any one who is currently taking Avandia or is considering it, immediately speak to your health care provider about the latest research and about alternate diabetes drugs.

Its all about money. And to attract patients, hospitals across Florida, as well as the United States have begun to advertise emergency room wait times as a way to market their services. Some are using billboards, websites, RSS and Twitter.

The problem is that patients with serious, life threatening medical conditions, like heart attacks or strokes, might choose a hospital further away that advertises a shorter wait time over a closer ER. Another misleading fact, is that the advertised wait times, are to see a "health care provider" not necessarily a doctor.

According to The American College of Emergency Physicians, the oldest and largest national medical specialty organization of emergency room doctors patients with life threatening conditions are always supposed to be seen immediately.

As a Miami lawyer who sues emergency rooms and their doctors I suggest that hospitals advertise the following information:

• Current length of time a patient would wait to be see a doctor.
• The average wait time for patients to see a doctor.
• The percentage capacity the ER is at in terms of available beds or rooms.
• The average time it takes a patient to go from triage to discharge.

I think emergency rooms have a lot to learn from McDonald's in terms of efficiency, standardization and customer service. All ERs should be clean, bright places, where people are seen quickly and by well trained and equipped staff. And no patient, regardless of their condition should have to wait hours and hours to be seen by a doctor, especially those with life threatening problems.

As a Florida car crash lawyer for nearly twenty years, I have seen an outrageous number of accidents in Alligator Alley. Why is Alligator Alley so damn dangerous? Why do we hear repeatedly about serious car accidents and deaths on this seemingly innocent 100-mile stretch connecting Naples and Weston?

Today, a car carrying four brothers from Guatemala rolled over in the eastbound lanes of Alligator Alley at mile marker 89. According to FHP speed likely caused the crash. The brothers range in age from 14 to 28 and were headed to Miami. Troopers say none of the brothers had a driver's license.

Here is my opinion as to why it is so dangerous:

1. Its straight-shot road, with no billboards or roadside buildings to relieve the eye. When night falls, there are few lights and drivers just lose concentration.

2. The Alley is four lanes, separated by a grassy median, with canals on both sides. Giving drivers little or no opportunities for U-turns without risking getting rear-ended.

3. There are only two staffed rest stops and a single gas station between the Weston and Naples making it difficult to fill depleted gas tanks or get help in the case of breakdowns.

4. Many tourists unaware of these deficiencies get tired, frustrated, or fail to brake appropriately.

The Florida Department of Transportation should hire human factors experts to figure out how to keep drivers alert and within the speed limit during this 100 mile journey. I suggest flashing caution lights, speed bumps and perhaps another toll station, just to slow cars down. In the meantime check out the FDOT's summer safe driving tips.

As a South Florida lawyer who represents victims of the BP oil spill, I do not agree with BP's announcement that they intend to deduct from potential claims payments made to fisherman and shrimpers; for the work they have already done to help BP clean up its mess. Certainly, this should have been agreed upon before the work was started.

BP's Vessels of Opportunity program was intended to employ local fisherman, oyster-men, shrimpers and boaters to work clean up duty for BP. Many of the locals had to spend money to get their boats "Coast Guard Approved", buy fuel, insurance and crews. My concern is that many of the shrimpers I know, especially the Asian fisherman in Louisiana, did not know or agree to the set-off. Yes, they have been receiving money, either on a daily or weekly basis, but by the time you deduct the expenses that they incurred, they net little or nothing.

Claims Fund Administrator Ken Feinberg says, the deductions are fair. I sure hope he considers what claimants end up netting as well as the fact that BP is taking this position after the work has already been done. So far, BP has done little to show me, that they are concerned about doing what is right.

As a Florida car accident lawyer, for nearly twenty years, I know that it is not "if" but "when" people will get into a car wreck. It is inevitable.

There are a few things we can do now to make instant safety upgrades that could save your life.

1. Headrest Position-Make sure it is positioned properly. According to the Insurance Institute for Highway Safety, it should be positioned so that the top of the headrest is at the top of your ears.

2. Headlights-Run them during the day, even on brights. Studies show that accidents can be reduced by as much as 12 percent. Better to burn out a bulb then get hurt, no?

3. Keep it Cool-Researcher found that cooler temperatures keep drivers more alert and less likely to dose off.

4. Steering Wheel-Sitting too close to the steering wheel increases the likelihood that your body can make contact before the airbag deploys. Move your seat back far enough to reach the wheel, without overextending your arms.

5. Tires -Keeping your tires properly inflated and with adequate tread can save your life. Ditch the old penny test for the quarter test and make sure you cannot see the head of the president. If you can, its time for a new tire.

6. Cellphone/Texting-In all of our car accident cases, we immediately subpoena the cellphone records of the defendant driver. We are finding that many of them were on the phone or texting at the time of the accident. In my opinion, it is plain negligence to drive a car while on the cellphone or texting. Even if you are using a head phone or blue tooth. I urge you to simply leave your phone in the trunk so that you are not tempted to turn it on, even at a stoplight. Invest in cellphone blocking software like Zoom Safer, which not only disables your cellphone, but will alert callers that you are on the road.

Aronfeld Trial Lawyers is committed to making Florida's road safer for all drivers, bicyclist and pedestrians. Drive safe, be safe.

As a Miami Avandia and Accutane injury lawyer, I have rarely seen a worse case of corporate greed like the evidence presented to a Federal Advisory Committee from GlaxoSmithKline, the maker of Diabetes drug Avandia. The committee discovered internal documents showing that the company kept crucial safety information about Avandia from the public for years. Read the smoking gun. The New York Times reports that the F.D.A. restricts drug's sales only when a drug offers a unique benefit, something no study has shown about Avandia.

The FDA has already restricted Accutane, an acne drug that can cause birth defects and irritable bowel disease. We are currently representing many people across the country who have been injured by taking Accutane.

As long as the American public incorrectly believes that the FDA actually tests drugs before they are "approved" for sale and we permit greedy companies like GlaxoSmithKline to protect us, people will continue to get sick and die from dangerous drugs.

We need to demand that the FDA really independently tests drugs before they receive approval; and that there be criminal and civil charges brought against those who needlessly harm consumers. Contact the FDA and let them know you agree.

Yasmin is an oral contraceptive pill made by Bayer and has been linked to heart attack, stroke, and blood clots. Women taking the drug to prevent pregnancy or to treat emotional and physical symptoms of PMDD (Premenstrual Dysphoric Disorder) and moderate acne have suffered severe injuries. Some have even died as a result of taking Yasmin. As a Board Certified Florida Trial Lawyer, I believe that women injured by Yaz or Yasmin are eligible to receive financial compensation for their devastating loss.

According to Dr. Shezad Malik, a Dallas physician and my co-counsel in defective drug litigation against Bayer, Yaz has already been linked to 50 or more deaths. We are suing Bayer behalf of women who were injured or died as a result of taking Yasmin.

Yasmin was approved by the FDA in 2006. A lower-dose version of the same drug, called Yaz, was approved in 2001. Yasmin is essentially the same drug as Yaz and uses a different kind of hormone than other birth-control pills, a drug called DRSP (drospirenone). DRSP has been shown to increase potassium in the body, which raises the possibility of severe health complications for women with kidney (renal) disease and cardiovascular conditions. The FDA warned Bayer that their advertisements were dangerous and misleading. Read the warning letter.

If you have taken Yaz or Yasmin, you might be at increased risk of suffering life-threatening heart damage and other complications.

Our Florida slip and fall law firm is filing a personal injury lawsuit on behalf of two-year-old Emma of North Miami, Florida who was badly injured at Jumping Jelly Beans, an indoor playground in Hallandale Beach, Florida. Just seconds after her mom snapped this photo, Emma fell; severely fracturing her leg.

"I didn't think it was so bad as it was," said Nonoska Castallanos, Emma's mom told CBS News' Gio Benitez in an interview yesterday.

WATCH VIDEO

She had no idea that her daughter's leg was broken until little Emma wouldn't stop crying. "I was very desperate. I was very nervous," said Castallanos. "The most that she went up was two feet."

It turns out, the manufacturer of that wall, CNYG Toy, says it is designed for children five years of age and up. Emma is only two years old. Her mother says there are no warning signs, so Miami slip and fall attorney Spencer Aronfeld is filing a lawsuit against Jumping Jelly Beans in Hallandale Beach. Attorney Aronfeld sent a hidden camera crew in to look at the wall. He said there were no warning signs.

"And they didn't have adequate padding there to prevent someone from breaking a bone when they fall," Spencer Aronfeld told CBS's Gio Benitez. Jumping Jelly Beans told CBS News that at parents are always responsible for their kids when they go there to play, like in any other playground. How much closer could the mother have been if she was taking this photos?

"I think there's going to be some people who are going to say blame the mother, blame the mother for the kid being hurt, but it's not like she abandoned her child and dropped her off at some city park in the middle of nowhere".

As a Miami defective drug lawyer who has helped those injured by dangerous prescription drugs for nearly twenty years; I strongly urge the FDA to immediately pull diabetes drug Avandia from the U.S. market. Avandia, made by GlaxoSmithKline PLC to treat Type 2 diabetes has been linked to increased heart-attack risk.

This is a defining moment for the FDA, the Obama Administration and the safety of Americans who depend on both to protect them from dangerous prescription drugs like Avandia. Avandia's problems began in 2007, when studies began linking to a 43% increased heart-attack risk. Since then, more studies have indicated sizable risks for cardiovascular issues. Yet, this drug remains on the market. If the risk of a drug outweighs its potential benefits, there is no reason that it should remain on the market.

I recommend anyone taking Avandia to immediately consult with your physician and consider alternative medications such as Actos. We are committed to holding drug manufacturers responsible for putting Americans in danger.

We have joined forces with Doctor/lawyer Shezad Malik in representing South Florida women injured by the birth-control pill Yaz. Doctors say it's the No. 1 selling birth control on the market right now, but thousands, are filing lawsuits claiming YAZ and Yasmin birth control have casued strokes and some have died.

Bayer Pharmaceuticals makes the drug. According to Dr. Malk: "A lot of the touted benefits of YAZ and Yasmin are attributable to the actions of drospirenone"

Drospirenone, a female hormone, is a synthetic progestin. YAZ and Yasmin are the only commercially available contraceptives that contain it. Two studies in the British Medical Journal now question the safety of drospirenone.

Here is Bayer's most recent label update.

We are committed to representing injured victims against pharmaceutical giants who put profit over the safety of consumers.

Pictured here is Dallas medical malpractice attorney and physician Shezad Malik and Miami drug defect attorney Spencer Aronfeld.

As a Miami lawyer and father I am concerned about unlicensed and uninsured fireworks vendors. Florida requires vendors be licensed, yet there is no way for the average consumer to quickly verify this. So, I have written to Florida's Safety Program Manager for the Bureau of Fire Prevention asking if Florida's website has a link for consumers to verify whether or not fireworks vendors are licensed. And the answer is: "no".

Now on behalf of Floridians, we have to find out how this can be changed. I urge you to start by writing the Program Manager requesting this link be added to their website.

Ms. Casia R. Sinco
Safety Program Manager
Bureau of Fire Prevention
200 East Gaines Street
Tallahassee, FL 32399-0342
Tel: (850) 413-3644
Fax: (850) 410-2467

Lets try to get this done by New Years 2011. If you want to get more involved in this effort, please contact me. As an attorneys dedicated to protecting Floridians we feel this is an important change that might prevent further injuries. According to ABC News last year two people were killed and 9000 people were treated at emergency rooms by fireworks mishaps nationwide

In 2009, the Miami VA Hospital used improperly cleaned colonoscopy equipment. As a result, 2,400 Vets may have been exposed to HIV, hepatitis and other diseases. This is unforgivable and completely avoidable. To add insult to injury the VA then screwed up the notification process. According to the Miami Herald, 79 veterans were not notified of the unsterile equipment.

This poses three very important questions: Who is in charge of Miami's VA hospital, why are these mistakes happening and what is going to be done to help our vets?

As a South Florida medical malpractice attorney who has had experience in representing Vets injured by the VA's medical negligence, I think whoever is in charge of the hospital should be immediately fired and replaced by a seasoned hospital administrator. In addition there should be a comprehensive program in place at all VA hospitals as well as private hospitals to insure that this type of error does not ever happen again. Lastly, there should be put in place now both physical and emotional support for any Vet or Vet's family that may have exposed.

I just looked at the Miami VA Healthcare System website and could not even find a link to get information about this. This is unacceptable.

It was a humid Miami day, nearly twenty years ago, when I was sworn in to become a lawyer at Florida's Third District Court of Appeal. Since that time, I have spent nearly every day talking to lawyers, judges, juries and clients about America's justice and our legal system.

As a Miami civil rights lawyer since 1991, I have seen Florida strip away freedom after freedom. Now Florida's juries cannot decide the true value of one's loss caused by a careless doctor or hospital. We have damage caps. Now an adult child over twenty five cannot bring a claim for a deceased parent, victimized by medical malpractice. Doctors are permitted, and arguably encouraged to not insure themselves, leaving many injured with no financial recovery when doctors make mistakes.

I am deeply saddened that Gay and Lesbian partners are prohibited from making loss of consortium claims, barring many from obtaining justice. In addition, Florida's drivers need not carry bodily injury insurance, depriving innocent victims and their families compensation in most cases.

Florida's State Constitution, has been amended so that it now has a medical malpractice cap that limits the attorney's fees paid to patients' lawyers, yet is silent on what hospitals or doctors can pay their own lawyers. These are but a few of the changes I have seen on my watch. Yet, there is little or nothing that I can say to those I represent, when the laws are there to protect not the injured but the powerful.

As America celebrates another birthday, I feel that nothing reflects liberty more than our laws. Laws that are intended to protect profits and not people are not just laws. They hardly seem to be the laws that our forefathers contemplated in 1776 or what many of our troops are fighting for today.

The BP Oil spill is yet another prime example of how big business, big money and big profit continue to dominate the rights of people and wildlife. On Sunday when you hear the "Star Spangled Banner" and enjoy the fireworks, make a commitment to somehow honor the truest intentions of our country.

If you have forgotten here is the preamble: "We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America."