Florida Injury Lawyer Blog

Red Vines licorice has been found to have toxic levels of lead. The American Licorice Company of Union City California makes Red Vines. According to the FDA, Red Vines sold in the one pound bag with the "Best Before Date" of February 4, 2013 has been recalled due to dangerously high lead levels.

Lead can potentially cause health problems, especially for small children and pregnant women. Lead poisoning can cause accidental brain damage. The symptoms of lead poisoning are vague and are often confused with other conditions. Some people have no obvious symptoms. The only way to know if there is lead in your body is to have a blood lead test.

Red Vines are made from molasses, wheat flour, corn syrup, caramel coloring, licorice extract, salt, and anise flavor. I am not sure how lead found its way into the recipe. According to Red Vines, an internal investigation into how the licorice became contaminated with lead is already underway.

The best lawyer advice I can give is that If you have Red Vines in your possession, do not to eat the candy and return it to the store your purchased it from.

If you have accidentally consumed the recalled candy, our Permbroke Pines injury lawyers urge you to immediately contact your doctor to determine if lead poisoning testing is required.

Our Florida accident attorneys are saddened to learn of the suicide of legendary linebacker Junior Seau. The act of intentionally taking one's own life usually occurs when people suffer from a mental or emotional condition such as bipolar disorder, depression, alcohol or drug dependency or other stresses in life that seem inescapable.

Certain risk factors have been identified and should be considered if you are concerned about an individual; such as access to guns, family members who have committed suicide and unemployment or financial problems.

Most suicide attempts do not result in death and are often simply an attempt to cry for help. This occurs when the attempt is less likely to be fatal such as a drug overdose or superficial cutting. However, when, as in the case of Mr. Seau, a gun or other violent method is used, the result is most likely death. Typically, guns are used by males.

The relatives of people who attempt or commit suicide are also deeply affected by the act. Family members sometimes blame themselves or become angry at others for not recognizing the signs and preventing the suicide.

As more information is gathered surrounding the death of Mr. Seau, one question may never be answered, why? Many will never understand why a superstar NFL athlete with half of his life still ahead would have chosen to die by his own hand in such a violent and painful fashion. As a lawyer who sues Florida doctors for not diagnosing a patient who commits suicide under their care, I believe we may never know. I do think that there were undoubtedly signs and symptoms that Mr. Seau had that probably went undiagnosed and treated. Many believe that Mr. Seau's concussions could have led to his suicide. As a Miami attorney who helps people with brain injuries I hope that there will be more research conducted on the impact of head injuries on the risk for depression and suicide. This tragedy can and should provide more awareness about suicide risk factors and treatment options.

Victims hurt in a Florida car crash, slip and fall or as the result of careless doctors usually seek immediate medical attention for their physical pain and suffering. Rarely is any focus put on the more difficult to diagnose trauma known as Post Traumatic Stress Disorder, P.T.S.D. As a Miami PI attorney, I am alarmed if I hear a client complain about sleep loss, terrible images being replayed in their head, or feelings of guilt or fear.

Granted, the majority of our clients who suffer these normal post-trauma reactions to one degree or another recover and return to a relatively normal state within weeks or months of an accident. However, some do not. A small percentage of people get trapped in their trauma and experience chronic P.T.S.D.

The way one copes with emotional trauma is far more complex than once thought. One of the challenges in diagnosing P.T.S.D. lies in the fact that the symptoms often do not surface for weeks or months after the event. Signs of P.T.S.D. can, according to the Mayo Clinic, take years to develop.

Generally, P.T.S.D. is grouped into three classes: Intrusive Memories, Avoidance or Emotional Arousal. Symptoms of intrusive memories typically include flashbacks and nightmares of the event. Symptoms of Avoidance include feelings of numbness, hopelessness and memory problems. Symptoms of Increased Emotional Arousal may include. irritability, guilt, shame, trouble sleeping or self-destructive behavior.

Often, post-traumatic stress disorder symptoms can come and go. The symptoms can intensify when the person is under more stress in general. In addition, symptoms can be brought up by seeing a movie, the smell of a familiar scent or a hearing a song.

If feelings persist or interfere with the quality of one's life, our Aventura traumatic brain injury law firm recommends that you seek immediate medical attention. It is important, that if as as a result of the accident or trauma you had lost consciousness, even for just a few seconds, you relate this history to your doctor.

The symptoms of those who have suffered a head injury or traumatic brain injury (TBI), sometimes mimic and overlap those of post-traumatic stress disorder. Many people believe you have to have had a serious head injury to suffer a traumatic brain injury. This is simply not true. There are plenty of studies which show that brain injuries can occur without direct contact to the head. For example, when a person suffers whiplash from a rear-end car accident, the brain may be shaken within the skull. This damage can cause bleeding between the brain and skull.

Our South Florida accident lawyers are deeply committed to helping our clients rebuild their lives after a catastrophic accident. We work closely with neurologists, neuropyschologists and psychiatrist to make sure our clients are properly evaluated and cared for longer after their case resolves. As sometimes, the emotional damage leaves behind emotional scars more painful than some physical injuries.

As a Miami brain injury attorney, I was pleased to see Representative Gabrielle Giffords recent appearance wherein she recited the Pledge of Allegiance with a stirring emotional reminder of the tragedy that took place in Tuscon and claimed the lives of six people and injured twelve others. As I watched her hobble to the lectern I appreciated the miraculous recovery that she was making. What I found equally, if not more touching, was watching her husband, astronaut Mark E. Kelly fighting back tears. In his words, "For the past year, we've had new realities to live with"..."pain of letting go of the past." What Mr. Kelley has endured as the spouse and loved one of somebody who has suffered a traumatic brain injury is hard to comprehend.

Traumatic Brain Injuries (TBI) are defined as a blow or jolt to the head, or in the case of Representative Giffords, a penetrating head injury that disrupts the function of the brain. Recent studies have shown that divorce and separation rates increase for couples when one spouses has sustained a brain injury. The University of Virginia's Department of Physical Medicine and Rehabilitation recently published a study that highlights the effect brain injuries have on typical marriages. The divorce and separation rate appear to be directly tied to the number of years that partners are together as well as their ages prior to the brain injury.

One of the most common consequences of TBI is the strain it has on a relationship particularly the loneliness of the non-injured significant other. There is no research showing that special marriage counseling techniques should be considered to help enforce the relationship of a brain injured partner.

TBI can cause a wide range of functional changes in its victims: short- or long-term memory loss, difficultly in thinking, language, learning, emotions behavior and or ostentation. It is commonly understood that a TBI can result in profound personality changes in victims.

Brain injuries are typically categorized as mild and serious. A mild brain injury is sometimes diagnosed as a concussion. That is one where an individual may lose consciousness, lasting from a few seconds up to 30 minutes. Typically, victims of mild TBI may also suffer from post-traumatic amnesia.

Typically, TBI victims can demonstrate erratic and unusual behavior that can leave partners feeling baffled and confused. This translates in some marriages to a feeling that the non-injured spouse is married to a complete stranger, leaving the non-injured partner or significant other, feeling confused and alone. TBI victims also have been found to have higher rates of depression due to an inability to contribute financially and emotionally to their partner or spouse.

Over 200,000 Floridians suffer from some form of traumatic brain injury. Estimates are that by 2020 the number will be over 250,000. Each year nearly 100,000 TBI are sustained in Florida, with nearly 4,000 resulting in death. In Florida the the majority of Traumatic Brain Injuries happen in fall downs. The remainder of TBI injuries in Florida are caused by car and truck crashes, pedestrian-related incidents and violence, in that order.

Our Broward roll-over car accident law firm is devoted to the prevention, diagnosis, care and treatment of those who have suffered a brain injury. We believe that with proper training, families, partners and health care providers can be educated to help provide greater support and care for individuals with TBI. We recommend reviewing Florida's Traumatic Brain Injury Resource and Support Center's website which provides excellent educational tools to help those in need.

The Florida High School Athletics Association governs high-school sports across the state of Florida. Our Florida head injury lawyers are pleased to note that the FHSAA is implementing new protocols to protect student athletes from returning to the game after sustaining a suspected concussion.

The new guideline requires all student athletes who play on interscholastic teams in Miami-Dade and Broward counties to take a base-line neurospyschological evaluation or cognitive test before the season begins. This will help coaches, doctors, parents and players monitor and evaluate any head injury.

The goal is to keep injured players off the field until they have been fully evaluated and have recovered. This is particularly important as successive or multiple concussions can have a devastating effect on young brains. Brain injuries, like concussions, have been known to cause profound changes in personality, memory and interpersonal relationships.

The test being used in Miami is called "Immediate Post Concussion Cognitive Testing" (ImPACT) and is administered on-line. While the test generally takes thirty minutes to administer, a complete and thorough neurological exam is also required before a player can be cleared.

Currently, the program is designed for football, soccer, volleyball, wrestling, softball and lacrosse. According to a recent Miami Herald article, 2,800 students have taken the ImPACT test so far.

Since most parents and school coaches are not trained to recognize the subtle signs and symptoms of a concussion, we are concerned that injuries are often not diagnosed. The classic signs of a concussion are:

1. Dazed or confused appearance.
2. Moving clumsily.
3. Slow to respond to questions.
4. Loss of concentration.
5. Strange or unusual behavior.
6. Memory loss before, during and after the event.

Our Monroe county children's injury law firm believe that the test should be administered to every student enrolled in public school as it could be used to identify children who have already suffered some form of concussion or brain injury so far undiagnosed or that occurred outside of school sports. In addition, it would place the student and coaches on notice that special precautions need to be put in place such as helmets, closer monitoring or abstaining from the sport entirely.

Continue reading "How to Prevent and Recognize Your Child's Concussion With Baseline Testing" »

Representing the injured is difficult when the potential defendant is a beloved hospital, church or sports celebrity. However, the obligation that I believe our Florida injury law firm has is to our clients, no matter what the consequences might be to my own likeability. I have never represented an accused in a criminal matter, but I feel I have earned a particular insight as to what criminal defense lawyers must experience when they represent an unsavory defendant.

Whether or not you are a celebrity, Florida has some very specific laws as to the obligations of the driver of any vehicle involved in a crash that results in an injury or death, or damage to any vehicle.

Unfortunately, the only means available to understand how a complex car accident occurs often requires the use of subpoena power to obtain information. Witnesses are compelled to appear for depositions and to testify under oath. Medical and toxicology records and inspections of the cars involved in the accidents often can only be obtained once lawyers are retained to investigate and discover the truth. In the end, one hopes to find the answers and hold those responsible for causing damage to others accountable for their negligence.

The last thing a new parent wants to worry about is their baby being injured during delivery. Fortunately, most babies are born without complication and most birth-related traumas resolve. Although, doctors, hospitals or delivery teams make mistakes that cause lifelong neurological injuries, Florida's legislation stepped in to protect them legal accountability by establishing Florida's Birth Related Neurological Injury Compensation Association (NICA).

NICA,created in 1988, established a plan to pay for the certain limited care of babies born only under all of the following circumstances:

1. Alive
2. Spinal or brain injuries
3. Birth weight of at least 2500 grams
4. Injured due to oxygen deprivation
5. Birth in a participating hospital
6. Suffered a permanent or substantial impairment
7. Not caused by a genetic abnormality
8. Delivered by a qualified doctor.

The determination of whether a child is covered by the NICA plan is made by an Administrative Judge. Our South Florida birth-related injury law firm recommends that any expecting parents verify whether the doctor and hospital has registered with the plan before the child is born. Florida law requires doctors and hospitals to provide all patients with notice that they are in the plan and a brochure that outlines its benefits. NICA has its own website where it lists participating physicians. Sadly, it has not been updated since 2009.

One of the primary "benefits" of NICA is that it provides parents with a lump-sum cash payment of $100,000. While this may seem like a significant amount of money, it very rarely will compensate parents for the lifetime of emotional and financial stress that taking care of a severely injured child requires.

As a Miami hospital malpractice attorney, I believe that NICA serves to deprive those who have the greatest need for compensation from obtaining needed justice by insulating those who cause harm from accountability.

Continue reading "Florida's Birth Injured Infants Get No Justice" »

Our cellphone injury lawyers were deeply concerned by the recent study that revealed that 50 non-stop minutes of cell phone use affects brain metabolism in the brain's region closest to the phone's antenna.

Using PET scans during cell phone use in both the on and then off position showed that metabolism increased in both the orbitofrontal cortex and the temporal pole areas of the brain. Both are areas that are close to where phone's antenna meets the head.

Until more definitive information is known our South Florida dangerous product lawyers recommend using hands-free devices or the speaker-phone mode to avoid direct contact with the head.

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" »

One of the highlights of my career as a Florida ER mistake lawyer was attending the Broadway musical Hair with the late Johnny Cochran shortly before he died from a brain tumor. He felt his tumor came from excessive use of cellphones; but that seemed incredible at the time.

The recently published Disconnect by epidemiologist Devra Davis has me reconsidering the relationship between cellphone use and brain cancer. Davis notes the increase in brain tumors in 20-29 year olds and she relates low energy radio frequency radiation from cell phones to brain cell damage. The amount a particular cellphone secretes is called Specific Absorption Rate (SAR). The FCC list the SAR of most cellphones here.

Apparently Apple and Blackberry are concerned too. Buried deep in the fine print, both warn users about putting the phone too close to your head. As a Miami product liability lawyer and avid Blackberry user, I urge everyone to take a moment to look at the Davis research.

As a Florida brain injury lawyer, I was fascinated by a recent peer reviewed article in a neuropathology journal that links Lou Gehrig's Disease to concussions or other brain trauma.

The horrific disease known as amyotrophic lateral sclerosis, or ALS involves cells in the brain and spinal cord that control voluntary muscle movement. The recent revelations suggest that they may be caused by concussion like trauma, that erodes the central nervous system in similar ways.

Now accidents victims who have a suspected brain injury need caution in their diagnosis and treatment. Likewise, patients being diagnosed with ALS need to consider brain trauma. Currently there is no known cure for ALS.. Riluzole is a drug used for ALS patients and while it may prolong life, it does not reverse or stop the disease from getting worse.