South Florida Personal Injury Lawyers

The explosion at the BP Texas City refinery on March 23, 2005 and its aftermath have opened the question of accountability that BP and indeed the whole oil industry holds. Two reports, one from the Chemical Safety Board (CSB) and one from BP itself both point to serious management problems. Safety is not the highest priority, producing gasoline is. It took the tragic loss of 15 workers and the injury to over 170 more to underline the fact that refineries as a whole are basically accidents waiting to happen.

Management is a key issue. Many procedures are overlooked or outright ignored because the incentive is to keep production at the highest levels possible. In the BP report of December 9, 2005, the company stated that it found “no evidence of anyone consciously or intentionally taking actions or decisions that put others at risk.” The scary conclusion is that those on-site at the time of the accident did not realize the danger – in short, they didn’t know what they were doing. In fact, training has become less of a focus for the company since 1998. At that point, the Texas City plant had 38 trainers; at the time of the accident there were nine.

Traditionally, oil companies blame the workers for not following safety procedures but the BP report does admit that management played a role, and management issues were a critical factor leading up to the explosion. The CSB agrees wholeheartedly. In September 2005, BP was fined $21 million for 300 infractions connected with the accident and two other incidents after that time.

Now $21 million sounds like a lot of money, but for a multi-billion dollar corporation it’s sort of like giving a millionaire a $10 parking fine. A mild embarrassment maybe, but certainly not a financial penalty that will make any real impact.

BP itself has said that it will commit $1 billion over five years to fix the problems at its Texas City plant. This again sounds impressive, but in comparison it is nothing. For the first three quarters in 2005, BP made $15 billion in profits, and had revenues of $350 billion in 2004. To put this in perspective, Star Wars, by far the most successful movie franchise, has grossed $13 billion in thirty years.

Yet despite the huge amount of money flowing into the oil companies, and the extreme hazards of refining oil, a good deal of the equipment is aging. For example, the equipment that exploded at BP had been showing signs of replacement or major repair for years and in the words of the CSB, never should have been started up. Employees at the same plant had expressed concerns before the explosion that pipes were corroding at unknown levels, and equipment was operated with identified problems on a regular basis.

Companies do not want to properly maintain, repair, or replace equipment because downtime costs money. Small fines and relatively minor court settlements to the families of killed or injured workers are just the cost of doing business. Until either the oil industry starts taking safety concerns seriously, or until government starts handing down fines in the billions of dollars, “management issues” and failing equipment will keep refineries at the status quo: literally a bomb waiting to go off at any time.

If you or a loved one has been injured on the job at a refinery, contact attorney David I. Fuchs at 800-570-2858.

On December 8, 2005 the New England Journal of Medicine (NEJM) released an editorial stating that it has found proof some heart attacks related to Vioxx use were omitted from a key study. The now-famous VIGOR (Vioxx Gastrointestinal Outcomes Research) study in 2000 was designed to compare gastrointestinal events (ulcers, etc.) between Vioxx and another pain reliever, naproxen. Cardiovascular events including heart attacks and strokes were monitored as well, and gave the first official indication that Vioxx increased the risk of heart attacks.

In a damning statement by the NEJM, the journal took the study authors to task for leaving out this vital information. “Until the end of November 2005, we believed that these were late events that were not known to the authors in time to be included in the article published in the Journal on November 23, 2000. It now appears, however, from a memorandum dated July 5, 2000, that was obtained by subpoena in the Vioxx litigation and made available to the Journal, that at least two of the authors knew about the three additional [heart attacks] at least two weeks before the authors submitted the first of two revisions and 4 1/2 months before publication of the article.”

The editorial does not venture to guess why this information was left out of the study. However, the NEJM uncovered further proof that it was left out on purpose. The editors found that information initially on a diskette was erased two days before it was submitted for publication on May 18, 2000, information that they “believe would have been relevant to the article.”

Even without including these three heart attack incidents, the study found some pretty clear-cut proof that Vioxx caused more heart attacks than the older naproxen. Because of this study, the FDA immediately ordered Merck, the makers of Vioxx, to strengthen its warning to patients about heart attacks. Eventually, the painkiller was recalled due to these risks.

But it does raise much deeper issues about Merck’s practices – and may be the tip of the iceberg in terms of covering up vital information. For years there have been rumors that Merck did indeed know about the link between Vioxx and heart problems, but the company continued to hype the drug as safe until it pulled Vioxx off the shelves. Internal documents and e-mails have surfaced that discuss the problem and possible solutions, though none of these documents have yet been submitted during a court case.

The NEJM concluded its editorial by saying: “Taken together, these inaccuracies and deletions call into question the integrity of the data on adverse cardiovascular events in this article.” But it’s not too far a stretch to say that they are actually calling into question the integrity of the authors, and perhaps Merck itself. It’s one thing to have internal “confidential” documents, but trying to put one over on one of the world’s most prestigious medical journals puts you into a whole other ball league.

If you or a loved one has experienced heart attacks, stroke, or any other heart problems while taking Vioxx, contact attorney David I. Fuchs at 800-570-2858.

Most people are shocked to find out that in many cases, large theme parks like Disney World are basically unregulated. A law passed in 1981 that lets the Consumer Product Safety Commission (CPSC) regulates traveling amusement shows, but not fixed-location parks. That’s why state or federal investigators will not scrutinize the death of a four-year old boy at Epcot. Disney World will be the only entity carrying out the investigation, looking to find what they may have done wrong. The company does not even have a legal obligation to publicly offer an explanation.

Kathy Fackler, founder of the Safer Parks organization, supports federal regulation of theme parks. In one statement, she said that she believed amusement parks have a fairly safe record, however: “So does the airline industry. But if there’s a crash, do you want the airline investigating themselves?” She also addressed the Epcot accident, noting that under no circumstances can an outside body (like the federal or state government) investigate the machinery or even the area where a person dies without the permission of the theme park owners. This fact was upheld in a district court when a suit to open the ride to a safety inspection was dismissed.

It seems that the rate and severity of amusement park injuries are steadily increasing. Yet government is powerless – or refuses to take the power – to stop it. Rep. Edward Markey of Massachusetts introduced a bill that would fix the loophole in the 1981 law, allowing the CPSC to regulate all fixed theme parks as well. That bill died in committee in June, 2005, but the fight did not.

And it’s easy to see why governments are so hesitant to impose their will on the major amusement park players. The industry in California alone is worth $20 billion every year. With that kind of cash comes political clout. Theme parks do not want to be regulated, and governments are inclined not to argue. Twenty-four states either don’t regulate or do not require theme parks to report accidents; Texas does have laws on the books to regulate both the mobile and fixed-park halves of the industry.

According to RideAccidents.com, there were five deaths at amusement parks and about 5,500 injuries that required hospital treatment in both of the last two years. A quick browse of their website illustrates exactly how people are injured or killed every day on amusement rides in the U.S.

If you or a loved one has been injured on an amusement ride or at a park, contact attorney David I. Fuchs at 800-570-2858. 

On December 12, 2005 two construction workers were killed at a building site in Chicago’s South Side when a crane dropped a concrete slab. The block, estimated at 4,000 pounds, caused the death of the men who where working on the third floor. Rescue efforts quickly turned into recovery efforts when it was clear that the two men could not be saved, and emergency crews became concerned about further structural collapse.

Witnesses at the scene claim that the slab was “teetering” as it was being lifted to the fifth floor. Several contractors were involved with the operation, which was at the time installing the concrete slabs as flooring. When this particular piece was put into place, the floor collapsed, causing it to fall onto the fourth floor, which also failed to hold the weight. It is unclear whether the “teetering” was a direct contributor to the accident. It is also unclear whether the men were killed by the slab itself, or by other debris from the collapsing floors.

However an attorney representing the family of one of the victims says he is sure of one thing: the floor was not properly reinforced to withstand the weight of the concrete. A suit filed with the Cook County circuit court named several contractors as defendants, including the general contractor, the crane operator, the concrete contractor, and the masonry contractor. He added that this type of accident does not happen except due to negligence.

For the wife of the victim, she says she has two motivations for filing the suit. First, she wants to ensure that her three children, all 10-years old and younger, are “protected for the future.” But she also wants her children to know the truth, that their father took every precaution while at work and could not have prevented this from happening himself.

The investigation will likely continue into 2006, though the family’s lawyer indicated in late December that there were mistakes made by several different parties. This will certainly make deciding who holds how much responsibility for the accident more difficult, as will determining compensation.

If you or a loved one has been injured on the job at a construction site, you may not realize that you have certain rights. While construction work can be dangerous it is the responsibility of your employer and other contractors on site to manage those risks to prevent injury. You should not have to pay your medical bills or take on the burden of lost wages alone. Call attorney David I. Fuchs for legal assistance and guidance at 800-570-2858. 

A Florida state jury awarded more than $25 million to the family of a pilot killed in a midair collision after finding an air-traffic control operations company liable for the crash.

Steve Ross, the pilot of a Cessna plane heading north to Boca Raton from the Bahamas, and a friend were killed in the accident. Also killed in the crash were Mark Willey, the pilot of a Cessna 172 heading south to Fort Lauderdale, and his wife and daughter.

Each of the planes had just made contact with air-traffic controllers in Pompano Beach and Boca Raton before colliding about 1,000 feet in the air. Both planes plunged into the water, killing everyone on board.

The Ross family filed suit against Robinson Aviation Inc., the company in charge of air-traffic control at both the Pompano Beach and Boca Raton airports. Gulfstream Training Academy, the school Willey attended to become a commercial pilot, was also named in the suit.

Ross’s family settled their dispute with Gulfstream for $1.75 million, according their attorneys.

In their case against Robinson Aviation, the Ross family contended that the defendant was negligent in their duty to direct air traffic to avoid the collision. However, Robinson Aviation countered that air-traffic controllers are obligated to issue traffic advisory alerts only if they are aware of potential danger.

A Florida jury found Robinson Aviation responsible for the crash after an eight-day trial and awarded the Ross family $25.2 million in damages.

If you, family member, friend has suffered serious bodily injuries or the death of a family member in an aviation accident call attorney David I. Fuchs at 800-570-2858.  

Eighty percent of motor vehicle crashes in the United States involve distracted drivers, according to a government study that videotaped the drivers of 100 vehicles in northern Virginia and Washington D.C.

Researchers reviewed thousands of hours of video and data from sensor monitors linked to the drivers and discovered that driver distractions such as talking on a cell phone, eating, and applying make-up, can significantly increase the risk of a crash.

Of the popular multi-tasking activities drivers engage in while on the road, reaching for a moving object while driving showed the greatest potential for a crash – increasing the risk by nine times. Reading, applying make-up, and dialing a cell phone each increased the risk of a car accident by about three times.

Additionally, the study revealed drowsy driving as a factor that could enhance the driver’s risk of a crash or near-crash by four to six times. Drowsy driving is frequently underreported in police crash investigations, according to the study’s authors.

“All of these activities are much more serious than we thought before,” commented Dr. Charlie Klauer, a senior researcher at the Virginia Tech Transportation Institute.

The 100-Car Study, as it was called, analyzed nearly 2 million miles driven and over 43,000 hours of data and was conducted by researchers with the National Highway Traffic Safety Administration and the Virginia Tech Transportation Institute.

During their more than year long study, researchers also found that drivers who took long looks away from the road ahead of them at the wrong moment doubled their risk of a car crash.

Lt. Col. Jim Champagne, chairman of the Governors Highway Safety Association, does not see new legislation necessary, however, to address these risky driver behaviors.

If you, a family member, loved one or friend has been involved in a car accident due to the negligence of a distracted or inattentive driver call attorney David I. Fuchs at 800-570-2858.

A woman in a wheelchair who swung knives and a hammer at relatives and police died after being shocked by a stun gun, officials said. Police tried to talk Emily Marie Delafield, 56, into dropping the weapons before they used the Taser to subdue her Monday, Police Chief Robert Musco said. Delafield lost consciousness after the electric jolt and later died at Orange Park Medical Center. The Florida Department of Law Enforcement is investigating and an autopsy will be conducted to determine a cause of death. The two officers involved have been put on paid administrative leave during the investigation, which is standard procedure. Tasers deliver a 50,000-volt jolt through two barbed darts that can penetrate clothing. About 7,000 of the nation’s 18,000 police agencies had them last year, and they were used by police more than 70,000 times. Amnesty International counted 61 U.S. deaths following Taser use last year. Taser International officials disputed that count, saying it linked some deaths to Taser use when there had been no such official conclusion.

The oil refinery business is certainly a dangerous one, but it may be actually more dangerous than statistics lead us to believe. Increasingly, refineries are using contract workers especially for maintenance and some of the more dangerous jobs. And should an accident occur, deaths and injuries are not always listed as a “refinery death” because the workers were not technically on the employee payroll.

As the Houston Chronicle reported on May 16, 2005, the U.S. Bureau of Labor Statistics (BLS) recorded zero deaths for both 2002 and 2003. Yet the newspaper found that at least nine deaths had occurred at oil refineries. Many were listed as “special trade” or “general contractor”, so the BLS coded the deaths under these categories. In one case, a contract worker who died cleaning a storage tank slipped off a ladder and died of heat and dehydration. But because the work being done was not directly related to the refining process, it was not deemed to be a “refinery death.”

The Houston Chronicle also found another glitch in the system. If the total number of deaths coded as refinery deaths recorded at the end of the year is less than three, then BLS still lists it as zero. This is supposedly to protect privacy of the families involved and to meet confidentiality agreements the BLS has with each individual state in return for collecting data.

Unfortunately, government statistics like the BLS and the Occupational Safety and Health Administration (OSHA) reports are the only real sources of industry information. Each plant records its own logs, but these are generally not available to the public – and do not include injuries or deaths to contract workers. Industry organizations also track statistics, but again they are not available and not accurate.

The upshot of all this is that individual oil refineries and the industry as a whole is dodging their responsibility and liability – and the government is in effect helping them to do that. Contract workers are becoming more and more prevalent in the petrochemical industry, and are used for the most dangerous jobs. The government only measures the injuries and deaths of permanent workers at a refinery when determining a “dangerous” facility, and contractor data is largely ignored. The oil companies pay less fines and report high safety standards while workers continue to pay the price.

If you have been injured while working at a refinery either as a full-time employee or a contract worker call attorney David I. Fuchs at 800-570-2858.

A macabre scandal in which corpses were plundered for body parts could be even bigger than previously disclosed, with one company alone saying it has distributed thousands of pieces of human tissue that authorities fear could be tainted with disease.

Biomedical Tissue Services, LTD. (BTS) has been accused of collecting body parts without donor consent and selling them for use in transplants performed at hospitals and other medical facilities across the country. The owner of BTS and three others were charged in a scheme that earned them millions of dollars.

A massive 122-count indictment by a Brooklyn grand jury accused a former New Jersey dentist of being the ringleader in a scheme in which more than 1,000 bodies sent to funeral homes were allegedly cut open illegally for bones, ligaments and other tissues that wound up in hospitals around the country. The Brooklyn indictment charged the former dentist and others with forging death certificates and consent forms by altering the deceased’s age and cause of death.

A former Biomedical employee told the Philadelphia Daily News that he dissected dozens of corpses inside a local funeral home during the last two months of 2004. After harvesting spines, veins, tendons and bones, the recovery technician said, he brought them in plastic bags on ice to BTS.

“This is nothing short of a case of medical terrorism,” Executive Assistant District Attorney Michael Vecchione told Brooklyn Supreme Court Judge John Walsh.

Civil lawsuits from Oklahoma to New York are flooding the courts on behalf of families who gave no consent to have their loved ones’ body parts removed.

If you have been injured due to medical negligence, call attorney David I. Fuchs at 800-570-2858. 

The spinal cord is a length of tissue that extends from the brain to about the belt line through the backbone or vertebrae. It contains nerves that carry signals to and from the brain to control voluntary movement (like moving limbs) and sensation (like feeling a pinprick). It is sort of an “information superhighway” for the body carrying billions of messages back and forth from the brain.

The nerves within the actual spinal cord are called Upper Motor Neurons (UMN). This bundle of nerves and the brain make up the central nervous system. However this is not enough to connect the whole body; nerves run throughout the arms, legs, torso, and face to connect to areas throughout the body to the central nervous system, sort of like rural roads connecting to the Interstate. These nerves continue to branch out to reach every moveable muscle and sensory area (where you can feel things by touch). This is called the Lower Motor Neurons (LMN) and make up the Peripheral Nervous System. Other systems, such as the Sympathetic and Parasympathetic Nervous Systems control things like blood pressure and body temperature.

The vertebrae protect the spinal cord from injury. Like the skull protecting the brain, the bones in the vertebrae act as a hard shell so that this important bundle of nerves does not get damaged during impacts, minor falls, and day-to-day living. Unlike other tissues in the body, the spinal cord can be affected by even the slightest amount of bruising and would be highly susceptible to tearing if it were not protected. Tearing, bruising, and compression can lead to serious and even permanent nerve damage including paraplegia and quadriplegia.

However the backbone system is not perfect. A stiff strip of bone would be much better protection for the spinal cord, but would leave us unable to bend or twist our backs, making it impossible to get up if we fell, bend over to pick something up, or turn our heads to look at something without turning our whole body. A system of 33 interconnected vertebrae helps us do all of these things, but the trade-off is that we are more likely to have a serious spinal cord injury.

In the U.S. there are about 450,000 people living with spinal cord injuries, and there are about 10,000 new cases every year. About 50% of those are caused by auto accidents. The majority of spinal cord injuries (82%) happen to men aged 16-30.

If you have a spinal cord injury due to a car accident, fall, or some other cause and you believe that someone else could be a fault, contact attorney David I. Fuchs at 800-570-2858.