Florida Injury Lawyer Blog

As a Florida prescription drug lawyer, I was astonished by the U.S. Supreme Court's latest ruling in the case of Hannah Bruesewitz, who received a vaccine known as D.T.P. as an infant in 1992. The vaccine supposedly protects against diphtheria, tetanus and pertussis, and whooping cough. Since being vaccinated, she suffers from seizures and developmental problems.

The case turned on whether a 1986 law that created a vaccine victim compensation fund protects vaccine manufacturers from law suits. In the majority opinion Justice Scalia opined that the compensation fund was a "social bargain" to give vaccine manufacturers peace of mind to "avoid costly tort litigation and the occasional disproportionate jury verdict" and dismissed Hannah's case along with the rights of any other injured child.

The effect of this ruling creates a safety issue for our children as vaccine manufacturers are now virtually immune from being held accountable for failing to make technological advancements when designing or distributing their vaccines. Thank you, Justice Scalia, for taking away the rights of injured children and protecting Wyeth and other vaccine manufacturers.

Our Florida Brain Injury law firm is concerned about the latest research from the National Institutes of Health that found that less than an hour of cell phone use speeds up brain activity in the area closest to the antenna. This raises important questions about the health effects of low levels of radiation emitted from cell phones.

As a product defect attorney I know from twenty years of experience that manufacturers often conceal or downplay the dangers associated with their products. The cell phone industry is a multi-billion dollar business which attracts new customers daily, including my eight year-old son. We urge all cell phone users to never put cellphones next to their ears but rather use earphones or blue tooth technology. We are keeping our eyes on the latest developments of this research to protect Florida's families.

Continue reading "Cell Phones and Brain Injury" »

As a Florida car wreck lawyer we see case after case where the defendant driver is "elderly". In the United States today, there are about 38 million licensed drivers over age 65 and by 2024, one in four drivers will be aged 65+.

The problem is that many drivers in Florida are senior citizens who might have physical limitations that impose additional obstacles in driving safely such as range of motion, hearing or vision impairment or delayed reaction time.

What can Florida do to make it safer for both elderly drivers and those who share the roads with them? As a Miami auto accident lawyer, I recommend that all elderly drivers have an independent evaluation from one of the many driving rehabilitation organizations where an assessor reviews a person's medical, driving record and then takes the person out on the road for a real exam. In the end, this may a loved one's life as well as your own.

As a Miami dangerous products law firm we see many of the life-changing injuries caused by defective design. None is more heart wrenching than crib-related deaths. The Journal of Pediatrics recently released a study indicating that nearly 10,000 American babies are injured by cribs every year. According to the Consumer Products Safety Commission there have been 32 infant suffocation and strangulation deaths since 2000.

In 90% of the cases, the injured child was left alone when the fall occurred. Most of the injuries were to the head and neck. Wonder why? As a Florida child injury lawyer, I believe the fact that the Consumer Products Safety Commission has not updated its crib safety standards for nearly 30 years is the primary reason for so many preventable injuries.

Starting in June new Federal Standards will be in place for all cribs bought and sold in the U.S. In the meantime consider the following ways to keep your baby safe:

• Never place pillows or thick quilts in a baby's sleep environment to prevent suffocation .


• No gaps larger than two fingers between the sides of the crib and the mattress.


• Proper assembly of cribs is paramount - If you are not sure, call the manufacturer for assistance or hire a professional crib installer.


• Do not use broken, modified or rented cribs, especially if more than 10 years old.
  
• Never place a crib near a window with blinds or baby monitor cords.

As a Florida hip implant injury lawyer I am fascinated by the health care debate that is currently raging in our country. The Institute of Medicine recently released a study estimating that nearly 100,000 Americans die each year from preventable medical mistakes. If the Centers for Disease Control would include preventable medical errors as a category, it would be the sixth leading cause of death in America.

Our Miami patient rights law firm urges these five easy steps that can save countless lives:

1. Mandatory computerized medical record and patient management systems.
2. Computerized physician order systems, eliminating errors caused by bad handwriting.
3. Radio-frequency tags used on surgical tools to eliminate surgeons leaving instruments in patients.
4. Mandatory hand-washing programs in all offices and hospitals.
5. Preoperative antibiotics to minimize post-op infections, especially in elective procedures.

Our legislature should spend its energy in enforcing steps to prevent errors rather than trying to take justice away from innocent victims by passing laws that limit the amount of money a victim can recover.

As a South Florida medical mistake lawyer, I strongly advise any patient considering an elective procedure to undergo a thorough evaluation by a physician not involved in the potential surgery.

Since financial gains may motivate some doctors to proceed when the risks of a procedure outweigh any potential benefit there is an inherent conflict of interest when surgeons and anesthesiologists are compensated only if a procedure occurs.

Many elective procedures are performed in outpatient or ambulatory surgical centers, outside the safety and restrictions of hospitals. If you are considering an elective procedure, discuss the surgery, the type of anesthesia, and the risks and benefits with your own doctor or a Board Certified Internist.

The American Society of Anesthesiologist has adopted a five category physical status classification system to assess the fitness of a patient before surgery. Unless the surgery is an emergency, our Miami patient rights lawyers suggest that if there are any contra-indications or if the risks out weigh the potential benefits, or if you are a smoker, simply cancel the procedure until such time as your health improves.