South Florida Personal Injury Lawyers

On April 10, 2007 Ford announced that it was recalling over half a million Escapes, model years 2001 to 2004, because of a faulty anti-lock braking system (ABS) module. Missing or cracked seals on the ABS connector allow debris like road salt to enter the housing, causing corrosion of the unit. But the real danger is that brake fluid could also leak into the housing and, sparked by the continuous electrical current, could cause a fire.

The company announced that there have been at least 50 fires in connection with the problem, though no injuries or deaths have yet been identified.

However that was almost not the case. In November 2006, ConsumerAffairs.com printed an article describing the harrowing story of one North Carolina family. The mother describes waking up to a large boom and then fire alarms at five o’clock in the morning. After getting the family safely outside, she saw the garage door had popped open and her 2001 Ford Escape was on fire.

Luckily everyone got out of the home uninjured, but there was extensive damage to the family garage and home. The vehicle itself was completely destroyed. “The car had not been driven in two days,” the woman wrote.

It was stories like this that prompted the National Highway Traffic Safety Administration (NHTSA) to open an investigation into the Ford Escape as well as its “twin,” the Mazda Tribute. At that time there were eight complaints to the NHTSA about the fire hazard. Five were similar to the story above: the vehicles were unattended and not running, but spontaneously caught fire. Two other reports specifically stated that smoke or fire was coming from the ABS module, but that was not confirmed officially until this recall.

A similar problem plagued Ford two years ago when the company recalled over five million vehicles due to a cracked cruise control switch, again which could catch fire.

This latest vehicle recall involves about 444,880 Ford Escapes and Mazda Tributes in the US, and an additional 75,000 – 82,000 vehicles in Canada, Mexico, and Europe. The company plans to fix or replace ABS modules and connectors as necessary to prevent contaminants from leaking into the module, Ford said.

A sport utility vehicle carrying suspected illegal immigrants rolled several times in southeastern Utah on Monday, killing eight men and injuring seven others.The driver was trying to avoid an animal when the vehicle went off the road in a remote area near the Utah-Arizona line, said Lt. Todd Peterson of the Utah Highway Patrol.

The vehicle carrying 15 people was registered to an owner in Mesa, Ariz., but driven by a 30-year-old man from Mexico, he said.

The driver, was not immediately identified, fled the scene and was found hiding in the desert about two miles away, Peterson said. He was being held at the San Juan County jail.

The injured were taken to hospitals in Utah, New Mexico and Colorado, Raban said. One was in critical condition, he said.

“It appears at this time that many of the occupants were not related and were not associated with one another in any way prior to this incident,” Trooper Preston Raban.

The Mexican consulate and federal immigration officials were working to identify the victims and notify their relatives, Raban said.

On April 12, 2007 the Food and Drug Administration (FDA) review committee voted 20-1 to reject Merck’s application for a new Vioxx-type pain relieving drug. Some scientists on the review panel openly criticized Merck for poorly designed research studies, and for blatantly trying to show its new drug, called Arcoxia, in the best light rather than gather scientifically-relevant data.

Sound familiar? Merck has been accused manipulating data and eliminating unexpected (and unwanted) results from clinical trials in order to get FDA approval for Vioxx. The difference is that it didn’t work this time.

Arcoxia is part of the nonsteroidal anti-inflammatory drugs (NSAIDs) class of drugs, which includes Merck’s own Vioxx as well as Celebrex and Bextra, both manufactured by Pfizer. All four drugs are also called COX-2 inhibitors, relieving pain by reducing the amount of a certain chemical in the body.

These so-called “next generation” pain relievers were touted as superior because they offered the same pain relief as aspirin and ibuprofen, but did not have the same gastro-intestinal side effects. As many as 25% of people who needed to take pain relievers suffered stomach side effects from “traditional” alternatives, and 5% suffered from serious effects like stomach bleeding, kidney failure, and even death. Obviously drugs like Vioxx and Arcoxia, which supposedly reduced these risks, would be a welcome alternative for these people.

The problem was, the COX-2 inhibitor side effects were in many cases worse than the alternative – and Vioxx was the worst of the group. Not only did doctors and patients find that stomach side effects were still possible with these NSAIDs, but over time scientists began to realize that the risk of heart attack and stroke was increasing. By some estimates, Vioxx alone has caused 60,000 heart attack deaths in the United States.Arcoxia, dubbed the “son of Vioxx” by Steven Nissen, chairman of cardiovascular medicine at the Cleveland Clinic, does not appear to be much safer. “If it’s approved, I believe people will be hurt,” he told USAToday.

In fact, Dr. David Graham (the ex-FDA scientist who became the Vioxx whistleblower) said that he estimated for every one million patients taking Arcoxia, the number of heart attacks would increase by up to 30,000 every year.

Merck has stated that it is disappointed by the decision, but is “committed to continuing to work with the FDA to discuss the application in an effort to gain U.S. regulatory approval for Arcoxia.” Arcoxia is available in Europe and dozens of other countries around the world.

On Sept. 17, 2003, plaintiff Alexander Grossman, 11, a student, was playing football as a member of the New City Rams, a Pop Warner Little Scholars Inc. peewee team.Alexander had previously played Pop Warner football during the 2002 season, and, during the 2003 season, he had asked to be given a chance to play quarterback. He acknowledged that he and his teammates had practiced numerous drills and scrimmages. He also admitted that he had tackled others and been tackled during the drills, scrimmages and during at least one game during the 2003 The jury rendered a defense verdict. It found that Pop Warner did not break any rules and that injuries were inherent to the game.ason.

During a scrimmage on the night of Sept. 17, 2003, Alexander was given the opportunity to step into the quarterback position for the first time. As the team practiced the same play for the third time, Alexander was tackled by three teammates. He claimed that this hit resulted in a fracture of his right leg.

Alexander’s mother, Dina Grossman, acting individually and as Alexander’s parent and natural guardian, sued Pop Warner Little Scholars. She alleged that the league was negligent for poorly training its coaches.

The plaintiffs claimed that since that inter-squad practice was Alexander’s first time playing quarterback, he should have been provided with a red jersey, or “pinnie,” to wear over his uniform to signify that no one should hit or tackle him. Alexander also claimed that he was not given proper instructions regarding the quarterback position. The plaintiffs claimed that the coaches were liable for Alexander’s injuries and that the league did not properly train them. They contended that the coaches were often one of the players’ parents who volunteered to coach. Plaintiffs’ counsel called four parent coaches/helpers to testify that the red pinnies were used in other scrimmages and were available during this practice, but were not used. Plaintiffs’ counsel also called a sports and recreation expert, but withdrew him after he testified about his credentials and as defense counsel was about to commence cross-examination.

Pop Warner admitted that the incident was unfortunate, but claimed that no negligent act had occurred. It contended that although a quarterback sometimes wore a red pinnie during scrimmages, it was not always used because they often practice in gamelike situations. It claimed that part of scrimmaging was learning how to be tackled and avoid being tackled. Pop Warner also contended that Alexander had assumed the known inherent risk of being tackled when he joined the team and that injuries were an unfortunate part of the game. Moreover, the defense claimed that no known established rule or regulation had been violated and that no contradictory expert testimony was received.

The trial was bifurcated, so damages were not before the court.

Alexander sustained a fracture of his right femur, necessitating two surgeries to the leg.

Alexander’s mother sought recovery of Alexander’s medical expenses and damages for his pain and suffering. She also presented a derivative claim.

A jury this week said a man who suffered a brain injury because of a vehicle crash four years ago is entitled to $6.5 million in damages, an award that is believed to be among the largest in Manatee County’s history.

The crash victim, Jesse J. Hall III, a Holmes Beach resident who is now 55, didn’t immediately go to a hospital after the crash in May 2003. Three months passed before Hall got medical help.

Kevin Britt Woods, a Tampa-based attorney who represented Hall at trial in Bradenton, said the brain injury rendered Hall unable to connect with reality. Hall, the attorney said, didn’t know the extent of his injuries.

“He was a happy and healthy person before the crash,” Woods said Thursday in an interview.

The jury deliberated for about six hours Wednesday at the end of the two-week trial before rendering its award for past and future damages that included medical bills and lost earning potential. The bulk of the award was rooted in Hall’s future pain and suffering and medical expenses.

It was not immediately known Thursday whether the driver who caused the crash, Paige K. Berger, a Manatee County resident, would appeal. The law firm representing Berger and her passenger, Shirley B. Berger, the owner of the vehicle, did not return a call Thursday seeking comment.

But Chris Neal, a spokesman for State Farm Insurance, said: “We are very disappointed in the verdict. We’re going to consider all of our options now.”

The crash happened on May 25, 2003, at about 8 p.m. in the 3800 block of 26th Street West in Bradenton. Hall was driving north when Berger, according to the lawsuit, made a left turn in front of Hall’s pickup. After the impact, Hall’s truck slammed into a concrete culvert, his attorney said.

The second impact, Woods said, citing an expert who reconstructed the crash, was the equivalent of a truck being dropped three stories onto a concrete slab. Hall didn’t go to the hospital immediately after the crash. Berger’s attorneys attacked the three-month gap between the crash and the time Hall sought medical treatment.

Four medical experts testified at trial that the brain injury made Hall unable to control emotion and behavior, Woods said. The damage, according to Woods, left Hall unable to make appropriate decisions.

“Basically,” Woods said, “he lost his common sense.”

The attorney said a brain scan — called positron emission tomography, or PET– captured the damage to Hall’s brain. Jurors got a chance to see and inspect PET scan images of Hall’s brain.

Traumatic brain injuries often go undiagnosed for years, Woods said. That a person can walk and talk and otherwise function normally can mask an underlying injury.

Hall also injured his back and has undergone orthopedic surgery, his attorney said. Hall will undergo therapy for the rest of his life and will have his spine fused at some point, Woods said.

The maker of the widely used Ortho Evra birth control patch, Johnson & Johnson, is trying to prevent negative attention over its dangerous contraceptive by purchasing the rights to domain names like Orthoevrakills.com and Deathbypatch.com.

Ortho Evra has been on the market since 2002, but came under scrutiny in late 2005 when the Food and Drug Administration urged that a heightened warning alerting users to the risk of potentially fatal blood clot and stroke be added to the drug’s label.

In February 2006, a study showed that women using the Ortho Evra birth control patch faced double the risk of blood clots than women who use oral contraceptives. This increased risk is due to the fact that the patch exposes users to higher levels of hormones—60 percent more—than oral medications.

Johnson & Johnson purchased and registered the domain names but is not using them. The move was strictly an attempt to preempt plaintiffs’ attorneys and critics of Ortho Evra from attracting negative attention to the dangerous drug.

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has proposed penalties of $43,000 against West Palm Beach, Fla.-based Southland Forming and $5,000 against Dania Beach, Fla.-based KMC Masonry for multiple safety violations at the Peninsula II construction site in Aventura, Fla.”Our referral inspection followed an Oct. 4, 2006, concrete shoring collapse that injured five employees,” said Darlene Fossum, OSHA’s area director in Fort Lauderdale. “These companies have placed the lives of employees at risk by creating unsafe working conditions and not providing proper safety training.”

OSHA proposes six serious citations, with proposed penalties of $42,000, for, among other violations, improperly designing the shoring for stairway floor openings, failing to properly place support jacks, placing uneven loads on jacks and posts, and not properly training employees to recognize and avoid hazards. A serious citation is issued when there is substantial probability that death or serious physical harm could result and the employer knew, or should have known, of the hazard.

OSHA issued one other-than-serious citation, with a proposed $1,000 penalty, because Southland Forming failed to properly maintain OSHA Form 300, a log for reporting work-related injuries and illnesses. KMC Masonry received two serious citations, with proposed penalties totaling $5,000, for not training employees to recognize and avoid hazards, and not keeping them clear of suspended loads of blocks.

The Department of Labor’s Occupational Safety and Health Administration (OSHA) announced that approximately 14,000 employers have been notified that injury and illness rates at their worksites are higher than average and assistance is available to help them better protect their employees.In a letter sent to those employers, OSHA explained the notification was a proactive step to motivate employers to take steps now to reduce those rates and improve the safety and health environment in their workplaces.

“This identification process is meant to raise awareness that injuries and illnesses are high at these facilities,” said Assistant Secretary of Labor for OSHA Edwin G. Foulke, Jr. “Injuries and illnesses are costly to employers in both personal and financial terms. Our goal is to identify workplaces where injury and illness rates are high and to persuade employers to use resources at their disposal to address these hazards and reduce occupational injuries and illnesses.”

Establishments with the nation’s high workplace injury and illness rates were identified by OSHA through employer-reported data from a 2006 survey of 80,000 worksites (the survey collected data from calendar year 2005). The workplaces identified had 5.3 or more injuries or illnesses resulting in days away from work, restricted work activity, or job transfer (DART) for every 100 full-time workers. The national average during 2005 was 2.4 DART instances for every 100 workers.

Employers receiving the letters were also provided copies of their injury and illness data, along with a list of the most frequently violated OSHA standards for their specific industry. The letter also offered assistance in helping turn the numbers around by suggesting, among other things, the use of free OSHA safety and health consultation services provided through the states, state workers’ compensation agencies, insurance carriers, or outside safety and health consultants.

On June 17, 2006, plaintiff Robert Marshall, 45, a pilot, was driving a motorized bicycle (moped) eastbound on the shoulder of West Mount Houston Road in Harris County. He was about 100 feet away from the intersection with Moonglow Drive when he was struck by a sedan driven by Roman Ortiz. Marshall was ejected and thrown to the ground some 50 to 75 feet down the road.Alleging negligence, gross negligence and negligent entrustment, Marshall sued Ortiz and his father Roman Ortiz Sr., as well as his father’s insurer, State Farm Mutual Automobile Insurance Co. According to Marshall, the collision occurred when Ortiz tried to flee the scene of an accident he had with a United States postal vehicle. He attempted to pass the postal vehicle by making an unsafe lane change, failed to keep a proper distance and failed to timely make application of the brakes. In addition, he operated the vehicle in an impaired physical or mental condition, and he used poor driving judgment.Roman Ortiz Sr. entrusted the vehicle to his son, knowing that he was an unlicensed, incompetent or reckless driver.

The Ortizes did not answer the lawsuit.

Marshall sustained severe injuries to his head and left foot, necessitating amputation of about half of the mangled foot and several toes. He is getting fitted for a prosthetic foot.

Visiting Judge Neil Caldwell granted plaintiff a default judgment in the amount of $2,649,405.67 and prejudgment interest of $71,134.28, for total final judgment of $2,720,539.95 plus post-judgment interest in the amount of $515 a day. The court also issued execution for the judgment.

The widow of a former shipyard worker who died from exposure to asbestos while building Navy aircraft carriers was awarded $5.55 million by a Circuit Court jury.

The seven jurors determined Wednesday that Kay Oney should receive the damages from two suppliers to the shipbuilding industry _ John Crane Inc. and Garlock Sealing Technologies _ for their role in the death of her husband of 43 years, Vaughn Oney. Jurors deliberated for two days.
The Newport News Shipbuilding worker died in November after developing mesothelioma, a deadly form of cancer triggered by breathing asbestos fibers decades earlier.

Jurors actually awarded $9.25 million to Kay Oney. Sixty percent of the total _ or $5.55 million _ is to be paid by John Crane Inc., a multinational company that manufactured gaskets and sealants made with asbestos.

Garlock Sealing Technologies, a Palmyra, N.Y., company that competed with John Crane in making the same products, had already settled for an undisclosed amount with Oney before the case went to trial.

Archibald Wallace, a Richmond attorney who represented John Crane Inc., could not immediately be reached Thursday.

The company is expected to appeal the jury verdict.

Attorneys for the Oney family said between 1963 and 1973, Vaughn Oney was sometimes in contact with asbestos daily. He retired in 1994, in his early fifties and, according to attorneys representing the family, in good health.

But mesothelioma can remain latent in the body for 40 years. He was diagnosed in 2004.

“He needed an incredible amount of narcotics to endure the pain every day,” said Robert Hatten, who represented Oney. “The last six weeks of his life, he was in horrific condition.”

The verdict comes less than one year after the court awarded $10.4 million to the family of Buddy Jones, another Newport News shipyard worker who died of the disease.

“The asbestos industry knew that asbestos fibers could kill you,” Hatten said. “They knew how to prevent it, they knew how to test for it, they knew how to educate and they knew how to warn _ but that was not in their financial interest.”