March 2011 Archives

March 31, 2011

Nutrition Express Recall Notes by the Pembroke Pines Personal Injury Lawyer


This past Tuesday, Nutrition Express announced a recall of a select variety of their whey protein powder products. Similar to the whey protein recall I discussed earlier this month, the whey protein products were recalled because of a salmonella scare. The company decided to recall the products because a FDA investigation determined that Nutrition Express had been using the same distributor that supplied Universal Nutrition, another company whose whey products were recalled because of suspected salmonella contamination. As a Pembroke Pines Products Liability Attorney, I agree with their plan to play it safe and recall the possibly contaminated products rather than face the potential for a personal injury lawsuit. For all full list of Nutrition Express products being recalled, please see the FDA announcement here.

Fortunately, there haven't been any reports of injury or positive tests for salmonella. This is great news because this recall might prevent anyone from getting sick should one of the units be found to contain salmonella. As a Pembroke Pines Personal Injury Lawyer, it's refreshing to hear about a recall that is precautionary in nature. It is even better to hear that no one has gotten sick or suffered any injuries.

Since there haven't been any positive results for salmonella, it is still too early to say that Nutrition Express is to blame. From a Pembroke Pines Products Liability Attorney's standpoint, Nutrition Express is not liable until there is proof of salmonella contamination of the whey protein. Further, before they could be found liable in a personal injury lawsuit, the attorney would need to demonstrate that the alleged defective product directly caused the plaintiff's injuries. Thus, unless circumstances change, there probably won't be any personal injury lawsuits, since there haven't been any reports of salmonella contamination nor have there been any reports of sickness caused by the whey protein powder.

March 30, 2011

Pembroke Pines Personal Injury Lawyer Talks About the Bret Michaels Lawsuit


As many people may know by now, famous musician and TV personality, Bret Michaels, is suing Tony Award Productions and CBS for unspecified damages. Mr. Michaels' personal injury lawyers are claiming that the producers are liable for the injuries that Michaels suffered when a piece of scenery hit him in the head. His attorneys also allege that the head trauma caused the hemorrhage that Michaels suffered six months after the initial Tony Awards incident.

The personal injury lawyers claim that the producers' failure to warn caused Michaels' head trauma and hemorrhage. The attorneys say that the producers failed to explain to Michaels how to exit the stage in a safe manner, even after he allegedly asked about the exit procedure in rehearsals. As a Pembroke Pines Personal Injury Lawyer I think it will be very interesting to see how this case plays out. I'm sure that the media and the tabloids will follow this case very closely because of Bret Michaels' celebrity status.

His injury lawyers also state that "One of the most common causes of this type of hemorrhage is head trauma--exactly like the one Michaels suffered at the hands of the Tony Awards." His lawyers are trying to prove that Tony Award Productions and CBS are liable for the accident at the Tony Awards in addition to the fact that the head trauma he suffered caused the subsequent hemorrhage. As a Pembroke Pines Personal Injury Lawyer, I can attest that brain injury lawsuits are very difficult legal terrain to navigate, so his lawyers will need to have substantial proof of the producers' liability and of how the Tony Awards accident caused the hemorrhage.

Throughout my thirty year career as a Pembroke Pines Personal Injury Attorney I have seen many celebrity lawsuits. I am curious to see if this lawsuit is settled outside of court in order to keep the damages award, if any, from becoming public knowledge. As stated, we don't know as of yet how much compensation Michaels is seeking for the catastrophic injuries that he suffered. His ability to recover damages in this personal injury lawsuit will depend on whether or not the defendants are found liable for Michaels' head injuries.

March 28, 2011

Some Discussion on the Toxic Waste Bubble Gum Recall by the Fort Lauderdale Product Liability Attorney


Over the weekend the candy makers, Toxic Waste, initiated a product recall of their Short Circuit Bubble Gum. The company recalled the bubble gum due to high amounts of lead. Only one production lot is being recalled, but the gum from this lot had lead levels of 0.189 parts per million, which is almost twice the legal limit. The product was sold across the country, so if you purchased this product, please check the full FDA report via this link in order to determine if your package is being recalled. As a Fort Lauderdale Product Liability Attorney, it is important to note that depending on each state's laws, Toxic Waste could be found liable in a product liability lawsuit for any serious injuries that result from this contamination.

Unfortunately, this isn't Toxic Waste's first recall this year. This casts a negative light on the company's ability to monitor the safety of its products. It is Toxic Waste's duty to uphold a certain standard of care when they produce their candy. The candy must be fit for consumption, and clearly with a lead content that is close to double the legal limit, they are not living up to that standard. As a Fort Lauderdale Product Liability Attorney those are the first thoughts that come to mind from a legal perspective.

Luckily, no one has suffered any injuries as a result of the high lead content in the Short Circuit Bubble Gum. This is extremely fortunate because lead poisoning is very dangerous as detailed here. Should anyone, especially a child, consume high amounts of lead, the consequences can be disastrous, even fatal. Lead poisoning can affect both mental and physical development.

Hypothetically speaking, the company could be found liable in a product liability lawsuit regarding this recall. As a Fort Lauderdale Personal Injury Lawyer, it goes without saying that I hope no one gets sick from the bubble gum, because the consequences have the potential to be so dire. This is just another example of how you can never be too careful. If you purchased the Toxic Waste Short Circuit Bubble Gum, the most important thing is to check your UPC code against the recalled batch on the FDA website to make sure that you do not consume lead.

Perhaps after this latest recall Toxic Waste will increase its safety testing to prevent any other dangerous products from reaching the market. This is especially true for a product like bubble gum that so many children consume on a daily basis.

March 26, 2011

Fort Lauderdale Car Accident Lawyer Examines the Hyundai Elantra Recall


Just recently, Hyundai announced two separate recalls affecting close to 285,000 of their 2007-2009 Elantra vehicles. There are airbag related issues that prompted Hyundai to act. First, almost 96,000 of the 2007 and 2008 Hyundai Elantra models were recalled because of a problem with the driver's seat position sensor, which in turn affects how much airbag force to deploy. This means that the airbag could potentially deploy with maximum force, even if the driver is sitting very close to the steering wheel. From a Fort Lauderdale Car Accident Attorney's perspective, this though is very scary and poses a serious injury risk.

Furthermore, Hyundai is also recalling nearly 189,000 Elantras from 2007-2009 because of a weight sensor issue. The sensor can be found under the center console and might malfunction if, for example, a drink is spilled on it. This is a problem because the sensor communicates with the front passenger airbag as to whether the passenger is heavy enough to trigger the airbag in the event of a car accident. If the sensor is not functioning properly, then the airbag could deploy regardless, even if there is a child in the front seat. As a Fort Lauderdale Personal Injury Attorney, I can already foresee the potential for bodily harm in this scenario. Thus, prior to even bringing these cars in for service, it seems advisable that no children sit in the front passenger seat of the affected Hyundai Elantra recalled models.

As a Fort Lauderdale Car Accident Lawyer, this recall worries me because of the potential for bodily injury. These defective sensors could lead to even more severe injuries than the already serious injuries that tend to result from a car accident. Though Hyundai would not be responsible for the actual car accident, a Fort Lauderdale Car Accident Lawyer could argue that Hyundai would be responsible for any injuries that directly resulted from the defective airbags.

In the most disastrous of scenarios, this airbag issue could lead to a wrongful death lawsuit. If a Wrongful Death Attorney could prove that the malfunctioning airbag caused or contributed to someone's death, then Hyundai would have serious legal and public relations problems.

Yet at the crux of this recall, this is another example of products liability. As a Fort Lauderdale Car Accident Lawyer, I see the situation in which Hyundai could potentially be found liable, depending of course on each jurisdiction's product liability laws. Thus, these two sensor/airbag issues could result in personal injury lawsuits against Hyundai. One of the issues in this hypothetical scenario is to what degree the defective product caused someone to suffer harm in terms of damage to their car, body, or even psychological state of mind.

I sincerely hope that the word about this recall spreads rapidly so that Hyundai Elantra owners can take the necessary actions to prevent themselves from being harmed. As a Fort Lauderdale Car Accident Attorney with 30 years of experience in this field, I urge owners of the recalled vehicles to contact Hyundai at 1-800-633-5151 or the National Highway Traffic Safety Administration at 1-888-327-4236.

March 25, 2011

Lasko Fan Recall Explained by the Pembroke Pines Products Liability Lawyer


It was just announced yesterday that Lasko will recall close to 5 million box fans . A very serious product defect was discovered after at least seven fires were apparently caused by an electrical issue with the fans' motors. According to the reports, there have already been fires at a barn and at two houses as a result of these defective products. As a Pembroke Pines Products Liability Attorney, I expect the fact that no one has filed personal injury lawsuit to change as time goes on. The fans appear to have been distributed nationwide and to several mass market retailers from July 2002 to December 2005. This explains why the total number of units recalled is so high, given the large quantity that was initially sold throughout the years.

If you own this fan, information on how to safely proceed can be found in the Consumer Product Safety Commission's Recall Report via this link. The CPSC is working with Lasko to effectively implement this recall. Specific information from Lasko regarding the fan recall can be found here.

As a Pembroke Pines Products Liability Attorney this is a very alarming recall, since the consequences of the electrical defect pose a big safety issue. The risk of a fire hazard is clearly not something to be taken lightly, so anyone who owns this fan should stop using it immediately, then contact Lasko or the CPSC. First and foremost, protecting innocent consumers is the number one priority with regards to the fan recall.

In terms of liability, it seems likely that the people who owned fans that caused house fires will hire a defective products attorney to file a lawsuit on their behalf. Among other things, those victims suffered property damage that seems to be a direct result of the fire caused by the damaged fan. It is important in a personal injury case to demonstrate that the product (fan) directly caused harm (property damage, bodily injury) due to the fires.

Unfortunately, this isn't Lasko's first product recall in 2011. Last month, Lasko recalled nearly 110,000 space heaters. This is a disturbing trend and it seems as if the company needs to conduct thorough investigations into several product development areas, starting with their manufacturing process, engineering design, and safety inspection procedures.

As a Pembroke Pines Personal Injury Attorney, I can only hope that this recall prevents any more fires from occurring and that no one suffers any further bodily injuries. It seems as if Lasko will have to deal with some property damage lawsuits and products liability lawsuits as a result of these defective products. Once again, this is just another instance of how an everyday product can become very dangerous if it is not properly designed and inspected.

March 25, 2011

Pembroke Pines Products Liability Lawyer Analyzes the Seltzer's Palmyra Bologna Recall


Earlier this week, Seltzer's Palmyra Bologna Company announced a voluntary recall of approximately 23,000 pounds of their Seltzer's Regular Beef Lebanon Bologna. The company initiated the recall after reports of potential E. coli contamination along the east coast. Thus far there have been four individual reports of E. coli poisoning since the beginning of this year in New Jersey, North Carolina, and Pennsylvania. From a Pembroke Pines Product Liability Attorney's perspective, the news of E. coli poisoning is frightening, given the serious potential for illness. The defective products were distributed to both the east and west coasts, specifically to the following states: California, Colorado, Maryland, New York, and Pennsylvania.

As of yet, there has not been any news regarding a personal injury lawsuit or news of any significant injuries. The Food Safety and Inspection Service release detailing the specific package numbers being recalled can be found here.

As a Pembroke Pines Products Liability Lawyer it is very good to see a company handle a recall in such a professional manner, by accepting responsibility and protecting its consumers. It was great to read Seltzer's Palmyra officials use terms such as acting "out of an abundance of caution." This demonstrates to me that the company understands its mistake and that it is making practical business and legal decisions.

Rather than avoid the upfront recall expense the company is getting out ahead of the curve and ensuring that consumer safety is the top priority. This is a smart move because trying to avoid this issue by hoping no one gets sick would most likely lead to a defective products lawsuit.

Acting to prevent a products liability lawsuit and limit their liability is a sound move. This variation of E. coli, known as E. coli O157:H7 commonly causes food poisoning, yet if left undiscovered, it can cause serious illness and inflict devastating symptoms. If someone were to get sick as a direct result of consuming the contaminated bologna, then the potential would exist for a personal injury attorney to file a lawsuit on the plaintiff's behalf.

As a Pembroke Pines Personal Injury Attorney, I suggest that South Florida residents pay attention to the news and to always be on the lookout for product recalls. It is important to be in the know because the consequences of consuming or using a defective product can be extremely dangerous. It is good to see that Seltzer's Palmyra is being proactive and aiming to limit any health risks for its consumers.

March 24, 2011

Weston Products Liability Attorney Discusses Del Monte Cantaloupe Recall


Del Monte has recalled close to 60,000 cantaloupes after receiving twelve reports of Salmonella contamination. The FDA is leading the recall, which primarily affects large warehouse stores, similar to Costco. The cantaloupes were sold in Alaska, California, Colorado, Idaho, Montana, Oregon and Washington. Thus, as a Products Liability Attorney in Weston, I am happy to announce that South Florida is not at risk of suffering injury because of the contaminated cantaloupes.

The cantaloupes all come from a farm in Guatemala, which has stopped production since the decision to initiate a recall. There haven't been any reports of personal injury lawsuits, nor have there been any reports of serious illness. The full FDA recall report detailing the affected cartons can be found here.

As a Weston Products Liability Attorney, I am curious as to why these units weren't inspected more thoroughly and how they passed safety testing in the first place. If someone were to become very sick after eating a cantaloupe infected with Salmonella, then Del Monte could potentially be found liable in a defective product lawsuit, depending on that jurisdiction's products liability laws. The Salmonella poisoning could result in a personal injury lawsuit, should someone's symptoms not subside within the normal time span for this type of bacteria.

As a Weston Personal Injury Lawyer, I hope that no one develops serious symptoms and that this recall serves to contain the spread of the Salmonella cantaloupes. I also hope that Del Monte makes the adequate improvements to its quality control program for fresh produce. Typically, the positive that results from a recall is that a company improves it product quality and safety standards. These improvements should benefit consumers as a whole by decreasing the likelihood that more defective products reach the market, which in turn prevents any possibility for a products liability lawsuit.

March 23, 2011

Skippy Peanut Butter Recall Notes by the Plantation Products Liability Lawyer


Earlier this March, Unilever recalled Skippy Reduced Fat Creamy Peanut Butter and Skippy Reduced Fat Super Chunk Peanut Butter. The reason for this most recent peanut butter recall is a fear of Salmonella contamination. As readers of this blog may know, this is not the first Salmonella related recall this month. Although Florida was not one of the states where the peanut butter was distributed, it is still important to know when recalls of such common products occur. Furthermore, the recall affects states such as New York, New Jersey, and Pennsylvania, and as Plantation Products Liability Attorney, I know that is where many family members of South Florida residents live. For a full list of the states affected, please see the FDA Recall Report.

The total number of units being recalled is not known at this time. It is also unknown as to whether anyone has gotten sick from the peanut butter. As a Plantation Products Liability Lawyer, it is also important to remember that the Salmonella hasn't been confirmed yet; it is only being reported as "possible".

When a product is found defective, such as if it contains Salmonella, the manufacturer has failed to ensure that consumers are receiving a product safe for consumption. The potential for a products liability lawsuit stems from the fact that the company could be found liable under the applicable jurisdiction's products liability laws. The allegation of liability could result from failing to have adequate safety measures, testing and the like, to prevent an unsafe product from reaching the market. A products liability attorney would have to discern the details of the case to figure out which type of liability applies to the facts at hand, as there happen to be several different variations.

Even though this appears to be a limited recall, we have to remember that it is still very scary for the consumers that bought the peanut butter. Let's hope that no one gets sick and that all illnesses are avoided.

March 22, 2011

Plantation Wrongful Death Attorney Recaps $3 Million Maryland Pedestrian Accident Award


Earlier this month, a jury in Maryland awarded $3.3 million to the family of Kelay Smith as a result of a wrongful death lawsuit. The lawsuit was against the State of Maryland for not having a sidewalk along a stretch of the road where other pedestrians had been struck by cars and died in the past. What makes this case even more tragic is the fact that Smith was five months pregnant at the time of the accident. She and her unborn child died shortly after at a hospital near where she was hit. As a Plantation Wrongful Death Attorney, this case truly breaks my heart and I feel so bad for this woman's family. The pedestrian accident lawsuit reportedly resulted in an award of $2.5 million to Smith's daughter, who was 2 years old at the time of the accident, and an additional $800,000 to Smith's mother.

As a Plantation Wrongful Death Attorney, I agree with most of the allegations in this case. The wrongful death lawsuit also alleged that Smith's death could have been avoided if there was a sidewalk to prevent pedestrian accidents.

This particular pedestrian accident was at least the fourth fatality on that same portion of the road in 2008 alone. It seems readily apparent that the government should have made the necessary safety improvements, given the likelihood that these pedestrian accidents would keep occurring. Unfortunately, in Florida there are some very specific and archaic limitations that could prevent a similar outcome. These limitations may prevent a Florida court from finding that a Florida municipality would have had a duty to install a sidewalk or guard rails or some combination of safety measures for pedestrians. Instead, the court would impose a duty to properly maintain them, only if those measures were installed and in disrepair.

Therefore, in Florida, personal injury lawsuits against the government can be very tricky to navigate. As a result of the previous pedestrian deaths, it would have been reasonable to expect additional accidents or deaths. Unfortunately, unlike in Maryland, the State of Florida may not have been liable under the same allegations even though the government should have foreseen this hazard and made the necessary improvements to protect its people.

March 22, 2011

Weston Medical Malpractice Attorney On Recent Personal Injury Lawsuit


Recently, the family of Laboyish Catlin received a $3 million award in the wrongful death lawsuit that the family filed on behalf on Mr. Catlin. As a Medical Malpractice Attorney in Weston, the story of this case is very difficult to stomach and I greatly sympathize with the family. The man bled to death several days after his ulcer surgery and according to the allegations, Mr. Catlin bled to death because of the medical staff's negligent care. The medical malpractice lawsuit further alleges that even though Mr. Catlin received several blood transfusions after the surgery, that the doctors could not stop the bleeding. At the crux of the lawsuit, the family's personal injury lawyer claimed that the medical team failed to provide sufficient and proper follow-up care.

In these types of cases, the plaintiff's attorney needs to prove that the doctors and nurses were negligent with regards to their care of the patient. As a Weston Medical Malpractice Lawyer, I would have advised the family about expectations of care. Hypothetically speaking, I would have explained that one of the keys to winning this case is whether the medical provider fell below the prevailing standard of care in this or a like medical community. Based on the result of the case, it is fairly obvious that the family's personal injury lawyer successfully proved these elements to be true.

What makes this case more tragic is the wrongful death of Mr. Catlin. In the simplest terms, he was a patient who expected that his doctors and nurses would perform their jobs to the utmost of their abilities. However, as a result of their alleged negligence and their alleged failure to provide proper follow-up care, he suffered and ultimately died. The family's wrongful death attorney likely argued points similar to what I've mentioned and applied them to the specific facts of this case.

As a Weston Medical Malpractice Lawyer, and as someone who has fought for victims' families in many wrongful death lawsuits, I understand the severity of the situation, which is why I want wish Mr. Catlin's family peace and happiness going forward.

March 21, 2011

Plantation Products Liability Attorney Discusses Vitalabs Whey Protein Recall


Last week, Vitalabs, Inc. announced a voluntary recall of its whey protein powder due to a risk of salmonella. The recall stems from four production lots and affects over twenty of the company's whey protein brands. For specific information detailing the products being recalled you can visit this direct link to the FDA's Vitalabs recall report. From a Plantation Products Liability Lawyer's perspective, this news is quite alarming because of the serious risk for injury. As many people know, salmonella is a very serious issue and if it is found to have caused anyone harm, the result could be a products liability lawsuit.

As of the publication of the recall, there haven't been any reports of illness from the suspicion of salmonella. This is being called a precautionary recall, which is much more responsible when a company has to deal with a forced recall. As a Plantation Products Liability Attorney, this story hit close to home because my children drink protein shakes after their workouts, though not this particular brand. Furthermore, Florida is one of the states where the products are being recalled, so if you purchased the products mentioned in the FDA report, please be sure to contact Vitalabs, Inc.

It is very fortunate that no injuries have been reported, because salmonella is an extremely scary bacteria associated with very serious and painful symptoms. Should anyone report getting sick from the salmonella in the whey protein, then there is a chance they would contact a products liability attorney to bring suit against Vitalabs, Inc. As a Plantation Products Liability Attorney, it's worth nothing that if the products do in fact contain salmonella, then the manufacturer could be found negligent with regards to quality control and its safety inspections.

When we purchase food, medicine or a supplement like this whey protein, we inherently trust the manufacturer that the product is safe for consumption. When something like this happens, if the salmonella reports are positive, then the company would be in breach of that standard of care. As a Plantation Products Liability Lawyer, I hope that that no one gets sick from these products and that this precautionary recall prevents all of the consumers from the possibility of salmonella.

March 15, 2011

Some Thoughts on the Lean Cuisine Recall by the Weston Products Liability Attorney


Yesterday, Nestle, the makers of Lean Cuisine, alerted consumers of a voluntary recall of Lean Cuisine Simple Favorites Spaghetti with Meatballs. The recall was initiated after some consumers notified Nestle as a result of finding pieces of red plastic in their meatballs. It seems that only one hour of a production run may have been damaged, so Nestle is only recalling those products marked "0298595519 P". In my estimation, that code most likely symbolizes the production run and time. As a Products Liability Lawyer in Weston, I am please to say that as of today there haven't been any injuries reported, meaning Nestle should be able to avoid a products liability lawsuit.

I commend Nestle for recalling all of the potentially damaged products, which is said to total around 10,000 units. As a Weston Products Liability Attorney, I pay close attention to the various recalls that are initiated every year, especially those concerning a product like Lean Cusine, which so many people purchase. I'm glad that Nestle recognized the potential for injury in this situation and that they are taking the defective products off the market.

Generally, in products liability cases one of the keys is to determine if the manufacturer was negligent in terms of design, production, defects, and any other aspects of that nature. From there, a products liability lawyer must prove that the damaged product was the cause of a victim's injuries. Fortunately, as previously stated, no consumers have suffered any injuries from the plastic in the meatballs, so no products liability lawsuits will be filed. As a Weston Injury Attorney, it is always good to see a recall without injuries.

However, this recall does show us that we need to be very careful about the products we buy, and to always make sure that they are safe before consuming or using them.

March 14, 2011

Weston Products Liability Lawyer Weighs in on Suzuki ATV Recall


On March 10th, Suzuki initiated a recall of approximately 29,000 units of its Suzuki KingQuad ATV model. There have been reports of fuel leaks and even fires with the models listed below. If these ATVs are defective, then this could be a very serious products liability issue since the fires could potentially cause injury to the owners. As of last Thursday, Suzuki had received 19 reports of fuel leaks and luckily there haven't been any injuries. As a Products Liability Attorney in Weston, the lack of injuries is great news and hopefully the recall will prevent any owner from suffering injuries.

The plastic fuel tanks were "improperly manufactured", which lead to reports of fuel leaks and that is also the reason for the potential of a fire. As a Weston Products Liability Attorney, I know several people in the South Florida area who own ATVs, so I wanted to advise everyone about this recall. Anyone who owns one of the models listed below should contact Suzuki to schedule a repair of their defective product.

The Suzuki ATV recall affects the following models:

  • 2008-2010 LT-A450X
  • 2009-2010 LT-A500X
  • 2008-2010 LT-A750X
  • 2011 LT-A500X
  • 2011 LT-A750X's dated prior to December 11, 2010

As I've discussed before, I always think it is a smart business and legal decision for a company to recall a defective product prior to any incidents of injury or harm. Even though there may be short term costs, in the long run, this is the best thing to do in order to limit their liability. From a public relations standpoint, this also shows that the company cares about its customers and it should help to build some goodwill, which is always a valuable asset for any business.

Had the company failed to notify the CPSC and its customers, the consequences could have been much more serious, possibly resulting in wrongful death lawsuits. If people had gotten hurt as a result of the "improperly manufactured" fuel tank, then Suzuki could also have had to deal with a products liability lawsuit for breaching its duty of care between itself and its customers. In this hypothetical scenario, Suzuki could have been found liable for any ATV owners' injuries and a products liability lawyer would have argued that the company was negligent in their design of the ATVs.

In summation, if you own any of the ATV models listed above, please contact Suzuki to arrange a free repair so that all injuries can be avoided.

March 11, 2011

Weston Products Liability Laywer On DePuy Hip Replacement Failures


At a conference last week, a team of British orthopedic surgeons warned that just under half of all of the recalled DePuy ASR XL Acetabular hip replacement implants could fail within six years. This news is devastating because these unforeseen failures could mean that thousands of people would require additional surgeries. As a Weston Products Liability Attorney, I can say that there is a possibility that these failures lead to several lawsuits. The two organizations, the British Hip Society and the British Orthopaedic Association, said that the issues with DePuy ASR hip implants "could be a widespread issue with all metal-on-metal hips that use large diameter ball-and-socket configurations."

The orthopedic surgeons say that the failure rate could reach up to 35% after four years, and even up to 49% after six years. They went on to say that victims could experience severe pain and even soft tissue damage. Furthermore, the surgeons also reported that the hip implant failures happened more often with women compared to men.
As a Weston Products Liability Lawyer I would suggest that anyone who has a DePuy ASR XL Acetabular hip system to get checked out if they are experiencing even the slightest bit of pain. It is my advice to catch something like this early before the pain increases and causes severe damage. As some people may know, Johnson & Johnson issued a recall last August claiming that the failure rate was between 12% and 13% within five years of the surgery. Clearly, if this new report is accurate then many more individuals will be affected.

There have been many product liability lawsuits concerning this issue already. This new report, if confirmed, will help the victims towards winning their cases and receiving more compensation for their damages. Some products liability lawyers have even started class action lawsuits for this product since so many people were hurt by this product failure. As a Weston Injury Attorney, I suggest that if you have this hip implant, to get yourself checked out by your doctor to ensure that your hip system is not defective.

March 11, 2011

Weston Medical Malpractice Lawyer On Recent Verdict


The family of Kiarra Smith was awarded $19.2 million by a Florida jury after she was allegedly overdosed on nutrients a few days after her birth. As a result of the incident, the little girl now suffers from cerebral palsy and is also blind. According to the lawsuit, there was a prescription mistake and the hospital gave her a dose 100 times more powerful than the prescription that the doctor had issued. The Florida medical malpractice lawsuit alleges that the mistake with the medication caused Kiarra to go into cardiac arrest and suffer other severe injuries.

The damages that this poor child suffered are simply atrocious and heart-breaking. As a Medical Malpractice Attorney in Weston, I've mentioned before that there is nothing more devastating than when a child suffers serious injuries. Throughout my career as a Weston Injury Lawyer, I have represented many victims, but I can promise you that it never gets any easier to deal with catastrophic injuries.

If all of the facts are correct, then the negligence that the Lee Memorial Health System exhibited is a significant cause of action for this medical malpractice lawsuit. If the allegations are true, then the hospital seriously breached its duty of care, causing the damages and prompting the lawsuit. We trust our doctors and medical professionals everyday, but when they breach that trust, the damage can be catastrophic as evidenced by this case. As a Weston Medical Malpractice Attorney, I can certainly attest that the injuries suffered in these cases can be horrific, and the number one priority is seeking justice for those affected.

March 4, 2011

Plantation Products Liability Lawyer Discusses Ford Ranger Recall


Ford is announcing a recall "to fix possible problems with fuel-systems or electrical components" that could potentially result in car fires. The potential fires would result from fuel leaks or electrical short-circuiting. One model affected is the 2010 Ford Ranger. Ford will recall 23,000 of the 2010 Rangers. In total, this specific recall affects 25,000 Ranger pickup trucks from the 2010 model year, including 2,000 recalls in Canada. These defective vehicles will be fixed by local dealers at no charge to the owners.

Ford is also issuing a recall for several other models for about 8,000 vehicles in the United States. The products liability issue with these cars is also the possibility of short circuits causing fires. If one of the cars were to catch on fire as a direct result of the malfunctioning parts, then Ford would be liable for any victims' damages. As a Plantation Injury Attorney the potential for catastrophic injuries is very alarming, which is why this issue requires immediate attention.

Fortunately, Ford says it hasn't received any complaints of people suffering injuries from these problems. As a Products Liability Attorney in Plantation, I know that a vehicle short-circuiting could result in a horrible car accident injury, which is why it is so fortunate that Ford is fixing this problem prior to anybody getting hurt. From a legal standpoint, you never know when an issue could spiral out of control and cause serious damages, which is why it is always best to limit your exposure and your liability.

As a Plantation products liability lawyer who has seen defective products lead to serious injuries, I applaud Ford for issuing this recall in such a timely manner. This a very sound and socially responsible business decision by Ford to minimize the chance of anybody suffering injuries. All in all, getting the word out early like this is both a good legal and a good business move.