April 2011 Archives

April 29, 2011

Plantation Personal Injury Attorney on the Heartland America Wooden Stool Recall


Just this past Tuesday, Heartland America announced the recall of its wooden stools. In total, the company is recalling around 5,850 units. The reason for the recall is that the legs and seat of the stool have been cracking and breaking, which in turn can cause the person sitting on the stool to unexpectedly fall. As a Plantation Products Liability Attorney, I can say that some of the most frightening and painful injuries result from completely unexpected accidents. Although someone hardly ever knows when they are about to get hurt, a fall from a stool is certainly a surprise and atypical. That surprise fall is dangerous because someone who falls unexpectedly will oftentimes fall and land in a very awkward fashion.

According to the CPSC Heartland America Wooden Stool Recall Report, there have already been eleven reports of the stools breaking. Of those initial reports, seven people have reported suffering injuries, including one person who reportedly suffered a head laceration as a result of falling when the stool broke. As a Plantation Personal Injury Attorney, it is these types of injury reports that worry me, because they are very serious and you wouldn't expect to hear that when you are just sitting on a stool watching TV or eating lunch.

Even though on the surface this wooden stool recall might not seem like it poses a great danger, a head laceration injury should serve to remind us that this warning requires our full attention. Any time the CPSC or FDA gets involved, you should know that the product, drug, or food in question poses a legitimate safety risk to the consumer. Throughout my career as a Plantation Products Liability Lawyer, I've seen situations time and again where someone gets hurt from a seemingly everyday activity, and oftentimes the consequences are very severe. That is why I want to urge anyone who owns this product to refer to the CPSC Wooden Stool Recall Report in order to follow the instructions for safely managing the recall.

April 28, 2011

Plantation Personal Injury Lawyer on the United Pet Group Aquarium Heater Recall


Last Thursday, United Pet Group announced the voluntary recall of its Marineland Stealth and Stealth Pro aquarium heaters. In total, approximately 1.2 million units are being recalled because of defects that can cause overheating, which can lead to a fire risk or cause the aquariums to shatter. As a Plantation Products Liability Attorney, what really caught my attention were the multiple reports of damage that people were experiencing. As of the announcement of the recall, there had been 38 reports of fires causing property damage as well as 45 reports of the aquarium glass breaking because of the overheating defect.

Moreover, according to the CPSC United Pet Group Aquarium Heater Recall Release, one person even reported suffering an eye injury from the heater unexpectedly breaking while he was holding it. From a Plantation Personal Injury Attorney's perspective, reports like that are quite scary and concerning because of the potential for other owners to unexpectedly suffer injuries. If others are not aware of the recall, they could incur injuries because of a fire or because of the glass breaking, especially since they wouldn't be expecting it.

Additionally, 1.2 million is a very large number, which means that a lot of people are going to be affected by this recall. It also means that 1.2 million people are exposed to a potentially serious product defect and they might not even know it at this point. As a Plantation Personal Injury Lawyer, I hope the news of this recall spreads to those people as quickly as possible so that as many potential injuries as possible can be avoided.

If you own one of the Marineland aquarium heaters, it is advisable to check your model number with the numbers listed in the CPSC United Pet Group Aquarium Heater Recall Report that is linked above. Further, it is very important to stop using the aquarium heater immediately and to follow the recall instructions detailed in the CPSC report.

April 28, 2011

Pembroke Pines Personal Injury Attorney on the Toro Snowblower and Lawn Mower Recall


On Tuesday, the Consumer Product Safety Commission announced the voluntary recall of Toro Power Clear Snowblowers and Toro Recycler Lawn Mowers. Toro is recalling nearly 23,000 snowblowers in addition to roughly 6,000 lawn mowers. As a Pembroke Pines Products Liability Attorney, I feel that this recall is worth bringing to my readers' attention, because according to the CPSC, "The carburetors on both products develop fuel leaks and can ignite when exposed to an ignition source, posing a fire or burn hazard." As of today, there haven't been any injury reports, and hopefully alerting more people of the recall can help prevent any additional potential injuries.

For anyone who might own either of these products, the CPSC Toro Power Clear Snowblower and Recycler Recall Release can be found here. According to the report, there have already been approximately 500 reports of leaking carburetors, which is why an immediate recall is so important. Furthermore, as stated in this BusinessWeek Toro Recall article, the recalled snowblowers and mowers were also sold in Canada, not just the United States. As a Pembroke Pines Personal Injury Lawyer, I truly hope that the owners of these Toro snowblowers and mowers receive news of the recall immediately.

A fire risk is something that needs to be taken very seriously, no matter how improbable it may seem. As with any recall, safety is of the utmost importance and one must act with great caution. As a Pembroke Pines Personal Injury Attorney, I have seen countless recalls over the years, and I would like to remind everyone that every recall is extremely serious and if you own a recalled product, to always pay attention to the recall instructions.

April 28, 2011

Plantation Car Accident Attorney Discusses Nissan SUV Recall


Just a few days ago, Nissan announced a recall of almost 196,000 Nissan and Infiniti SUVs. Nissan initiated the recall because of potential corrosion in the vehicles that could cause the steering and suspension to malfunction. As a Plantation Car Accident Attorney, I wanted to discuss this recall, given the prevalence of these vehicles on the road. The recall affects the 1997 to 2003 Nissan Pathfinder and the 1996 to 2004 Infiniti QX4. The consensus seems to be that this corrosion is only an issue in cold-weather states, since road-salts that are used to clear away snow seem to be part of the problem.

You can read Nissan's recall letter to the National Highway Traffic Safety Administration here, which details the reasons for the recall. As of now, there do not seem to be any reports of injuries, which is very good news. Hopefully the recall will prompt owners to have there vehicles checked out to avoid any potential for a car accident injury. As a Plantation Personal Injury Attorney, I would like to see this issue fixed and resolved as quickly as possible to minimize any risk for injury.

For those who feel they may be affected, the Nissan Pathfinder and Infiniti QX4 recall is mostly taking place in Connecticut, Delaware, Iowa, Illinois, Indiana, Massachusetts, Maine, Maryland, Michigan, Minnesota, Missouri, New Hampshire, New Jersey, New York, Ohio, Pennsylvania, Rhode Island, Vermont, Washington D.C., West Virginia and Wisconsin. According to this Wall Street Journal Nissan SUV Recall article, continuing to use a vehicle that is corroding, "could lead to the strut housing coming in contact with the steering column and causing it to break. The resulting loss of steering control increases the risk of a crash." From a Plantation Car Accident Lawyer's perspective, that highlights the importance of the recall, because it alerts owners of a potentially serious issue that they might not have been aware of until it was too late.

In total, approximately 163,000 Nissan Pathfinders are being recalled in addition to roughly 33,000 Infiniti QX4 SUVs. As a Plantation Personal Injury Lawyer, these high volume recalls are always alarming, but hopefully this one can be resolved without anyone suffering injuries. Furthermore, the benefit of this situation is that this issue will likely result in safer vehicles for Nissan and Infiniti SUV drivers.

April 26, 2011

Plantation Personal Injury Attorney Analyzes the L&M Cucumber Recall


This past Friday, L&M Companies, Inc. announced the recall of almost 1,600 cartons of cucumbers. The reason for the recall is that the cucumbers pose a potential risk of salmonella food poisoning. The cucumbers were sold under the "Nature's Delight" brand and they were distributed to 9 states, including Florida. As a Plantation Products Liability Attorney, I wanted to bring this recall to the attention of my local readers, since 591 of the recalled cartons were sold to wholesalers in Florida. Fortunately, there haven't been any reports of illness as a result of the cucumber recall.

For those who may be affected, you can find the FDA L&M Cucumber Recall Press Release here. L&M said that it contacted all of its retailers and wholesalers who bought the potentially contaminated cucumbers to warn them of the recall. From a Plantation Personal Injury Attorney's perspective, it is good to see the company acting in a proactive manner by alerting all parties who might potentially be affected.

According to this WebMD article on the cucumber recall, L&M said that it recalled the products just in case some consumers still had the cucumbers in their refrigerator. This is a valid point, because at this point the contaminated cucumbers might be getting close to becoming inedible, so retailers probably wouldn't be able to sell them anymore. As a Plantation Products Liability Lawyer, I am glad to see L&M taking the safe route, rather than not recalling the cucumbers and just hoping that no one becomes ill.

As I mentioned above, there have been no reported illnesses from the cucumber recall, and hopefully all injuries can be avoided from this recall. As a Plantation Personal Injury Lawyer, I can say that the silver lining in this case would be that L&M will likely increase their quality control standards to prevent something like this from happening again. Therefore, this one incident should lead to only the safest and best cucumbers reaching the market, which will benefit L&M and all of its customers in the long run.

April 25, 2011

Fort Lauderdale Personal Injury Lawyer Discusses Kiddieland Lights and Sounds Children's Scooters Recall


Last Thursday, Kiddieland announced a recall of its Lights and Sounds Children's Scooters. The reason for the recall is that children's fingers can get caught in the hinge mechanism, which in turn can result in a laceration of their fingers. The mechanism is located between the steering column and the platform of the scooter. As a Fort Lauderdale Products Liability Attorney, I wanted to discuss this recall because of harm that the defective products could cause for young children. At the time the recall was made public, there had already been two reports of children who got their fingers caught and needed to get stitches.

According to The U.S. Consumer Product Safety Commission recall release, approximately 16,700 children's scooters are being recalled in the United States and Canada. As with any recall of a children's product, immediate and swift action is necessary to attempt to prevent any other children from suffering laceration injuries. As Fort Lauderdale Personal Injury Lawyer, it is always frightening to read about recalls of children's toys or children's products because the safety of our children is so paramount.

The Lights and Sounds Children's Scooters had been sold at Toys R Us and JCPenney for just over two years, beginning in January 2009, which is why such a large quantity is being recalled. As a Fort Lauderdale Products Liability Attorney, the total number of units recalled seems even worse because it involves children and they cannot foresee the danger as easily. That is why testing and safety standards remain so important and crucial towards preventing most dangerous products from reaching the marketplace.

On another note, it is worth mentioning that the Chairman of Kiddieland issued a statement about the Lights and Sounds Children's Scooters recall found here. The statement contains information about how to contact the company to resolve the mechanism issue if you purchased the defective product for your child. From a Fort Lauderdale Personal Injury Attorney's perspective, I would like to see this recall completed in as much of an expedited fashion as possible, and I hope that parents become aware of the recall prior to letting their children use the scooters again.

April 22, 2011

Fort Lauderdale Personal Injury Attorney on Johnson & Johnson Topamax Recall


Last week, Johnson & Johnson announced a recall of 57,000 units of Topamax. The recall of the prescription epilepsy medication stems from multiple reports of an "uncharacteristic odor" which is apparently linked to trace amounts of tribromoanisole, or TBA for short. According to the Johnson & Johnson Topamax Recall Notice, "TBA is a byproduct of a chemical preservative sometimes applied to wood often used in the construction of pallets on which products are transported and stored." As a Fort Lauderdale Products Liability Attorney, I understand the severity of this recall, because we trust our medication to be beneficial for our health, when in certain cases like this one, it might actually be detrimental. Luckily, as of yet there haven't been any overly serious illnesses reported, just some incidents of stomach pain among other like symptoms.

For those who might be affected by this recall, you can find the FDA Topamax Recall Release here. Along those lines, as a Fort Lauderdale Products Liability Attorney, I truly hope that this recall is a precautionary measure and that no one who takes this medication experiences any harmful side effects. The recall is contained to only two production lots, but that is still 57,000 bottles, which means that a lot of people could potentially be affected if the odor is linked to something more serious.

Hopefully anyone who takes this medication receives word of the recall before continuing to take it. As a Fort Lauderdale Personal Injury Attorney, I have seen first hand cases of what can happen when our medicine isn't safe and the consequences are sometimes very severe. A recall is always necessary to alert the public of the potential harm and to attempt to remove the product from the shelves before other people purchase it.

Unfortunately, recalls have become far too common for Johnson & Johnson recently. The Wall Street Journal has even been keeping a list of all recent Johnson & Johnson recalls. From a Fort Lauderdale Personal Injury Lawyer's perspective, this string of recalls clearly isn't good for Johnson & Johnson and not good for consumers because these allegedly defective products should not be making it to the marketplace with such frequency.

April 21, 2011

Fort Lauderdale Personal Injury Attorney on Axxent FlexShield Mini Recall Lawsuits


Last week, the FDA designated the Axxent FlexShield Mini as a Class 1 medical device recall, which according to the FDA means that "there is a reasonable probability that the use of or exposure to a violative product will cause serious adverse health consequences or death." In addition to this frightening news, several women have begun filing lawsuits after discovering that the recalled product left tungsten particles in their breasts. As a Fort Lauderdale Products Liability Attorney, I understand the severity of this recall and I am deeply troubled to learn about the plights of the women who have been harmed.

The Axxent FlexShield Mini is a radiation shield, which is supposed to protect one's skin from overexposure to radiation during treatment for breast cancer, but it was discovered that particles of tungsten were being left behind in the breast. As a matter of reference, the FDA Axxent FlexShield Mini recall report can be found here. As a Fort Lauderdale Personal Injury Lawyer, I can attest that the designation of this recall as Class 1 is part of what makes this such a frightening issue that requires the utmost of attention. Moreover, the women who have been affected are scared because they believe that the tungsten particles that were left behind in their breasts could be toxic. As a result, some of the women are considering double mastectomies in an attempt to rectify the issue.

From a Fort Lauderdale Products Liability Lawyer's perspective, above anything else I hope that these women can make full recoveries and that they are able to overcome the consequences of this horrifying product failure. If the allegations are true, one can only assume that the personal injury lawsuits against the manufacturer will continue to increase. In sum, this is a very unfortunate example of the serious consequences that can result when a product that we depend on fails to function in the proper manner.

April 21, 2011

Plantation Products Liability Attorney on the DeFusco's Salmonella Lawsuits


The DeFusco's Bakery in Rhode Island that is alleged to have caused dozens of people to suffer from salmonella food poisoning will now face personal injury lawsuits as a result. According to local news reports, over 70 people have reported illness from the contaminated zeppoles, and almost 30 people needed to be hospitalized. Further, some believe that the salmonella poisoning could also have caused the death of two elderly people. As a Plantation Products Liability Attorney, I think this case demonstrates how quickly these situations can become dangerous and even life threatening. Something like salmonella can spread very quickly, especially if the outbreak is linked to a center of distribution like a food establishment.

According to the Rhode Island Department of Health press release, DeFusco's Bakery has been ordered to remain closed until further notice. Unfortunately, before DeFusco's was shut down, it had already sold additional potentially contaminated zeppoles to other bakeries, locally and in other states. Thus, the potential spread of salmonella could grow to a larger number of people. From a Plantation Personal Injury Lawyer's perspective, the plaintiffs in these lawsuits will likely sue for negligence on behalf of the bakery and seek compensation for damages such as medical expenses and pain and suffering.

Going back to the distribution of the zeppoles to other bakeries, one can only hope that the additional sales were very limited so that more people don't become ill. As a Plantation Products Liability Attorney, I will be curious to see if this case grows into a class action claim against DeFusco's Bakery. It seems as though things might be heading that way already from what I have read.

This is a very unfortunate circumstance and I sympathize with all of the parties involved. As a Plantation Personal Injury Attorney I'm sorry to say that I hear stories like this one far too often. Hopefully this salmonella outbreak has been fully contained at this point and hopefully those who fell ill can make full recoveries.

April 19, 2011

Pembroke Pines Wrongful Death Attorney on Recent Florida Motorcycle Accident Verdict


Just recently a Florida jury awarded $2.8 million to the family of Brian R. Heikkila as a result of a wrongful death lawsuit filed by his family on his behalf. Heikkila was killed after being hit by a Ford Mustang while riding his motorcycle in Daytona Beach, FL. As a Pembroke Pines Wrongful Death Attorney this verdict caught my attention and it is good to see that justice prevailed. It is also reassuring that the victim's family was compensated $2.8 million for Mr. Heikkila's wrongful death. According to the lawsuit, the defendant, who was driving the Ford Mustang, caused the motorcycle accident by failing to properly yield the right of way to Mr. Heikkila.

This is another unfortunate example of the disastrous consequences that can result from unsafe driving. As a Pembroke Pines Wrongful Death Lawyer I have seen many car accident lawsuits and motorcycle accident lawsuits that resulted in someone's wrongful death. This case is particularly tragic because Mr. Heikkila has a daughter who is 5 years old. Had the defendant operated his vehicle properly, then Mr. Heikkila would not have died as a result of the accident and the little girl would still have her father.

On a related note, motorcycle accident injuries are becoming disturbingly common, which is another reminder of how we always need to make sure that we drive safely. The consequences are simply too dire. From a Pembroke Pines Personal Injury Attorney's perspective you can never be too safe when driving a car or riding a motorcycle. A vehicle is a dangerous instrumentality and this case should remind us all of that fact.

April 18, 2011

Pembroke Pines Product Liability Attorney on the Public Citizen Xenical and Alli Petition


Public Citizen, which is a consumer watchdog organization, has filed a petition with the FDA to ban the weight-loss drugs Xenical and Alli. The group is arguing that the weight-loss drugs might cause harm to the kidney and to the liver. As a Pembroke Pines Products Liability Attorney, it will be interesting to see whether the FDA decides to remove the products from shelves nationwide. A few days ago, on April 14th, Public Citizen sent its Xenical and Alli recall petition to the FDA. Public Citizen believes that the harmful side effects of active ingredient in the drugs, which is called orlistat, far outweigh the potential benefits.

Just a few days prior to the petition, there was a study published in the Archives of Internal Medicine in which 2% of Xenical users were hospitalized for kidney problems after they began taking Xenical. From a Pembroke Pines Products Liability Lawyer's perspective, it is also very interesting to read that Public Citizen searched the FDA's database and found that the weight-loss drugs in question are linked to at least 47 cases of acute pancreatitis and 73 cases of kidney stones. These are alarming numbers since the conditions associated with the drugs are so serious.

Furthermore, in May of last year, the FDA reported that they had received 13 reports of severe livery injury from people who had taken Xenical or Alli. Unfortunately, two of those people died and three others needed liver transplants. As a Pembroke Pines Personal Injury Attorney, these reports are obviously very scary and I sympathize with the families who were affected by the side effects of the previously mentioned weight-loss drugs. I will follow this petition and see if the FDA decides to remove Xenical and Alli from the marketplace.

April 18, 2011

Pembroke Pines Products Liability Attorney Discusses the Redken Guts Spray Mousse Recall


Last week, Redken announced that it is recalling its Redken Guts 10 Volume Spray Mousse Foam after receiving dozens of reports of the cans exploding. In total, Redken is recalling approximately 1 million units in response to 41 reports of the cans rupturing. As a Pembroke Pines Products Liability Attorney, I don't see the potential for personal injury lawsuits as a result of this recall, because there haven't been any injuries reported. Anytime there is a recall and injuries can be avoided it is always a plus; the defective product gets taken off the shelves and no one is injured in the process.

According the CPSC Redken Guts Spray Mousse Recall Report, the company initiated the recall because "the aerosol container's liner can corrode over time, posing a risk of the cans rupturing and expelling its contents." The CPSC and Redken announced the voluntary recall last week. As a Pembroke Pines Personal Injury Attorney, I commend Redken for moving rather swiftly with this recall, especially given the large quantity of product in question.

Anyone who owns this product should check the lot code on the bottom of their can and compare it with the list of recalled cans in the CPSC's report. It is important to follow the CPSC's recall guidelines in order to avoid any potential injuries. From a Pembroke Pines Products Liability Lawyer's perspective, while this defective product might not pose the most severe injury risk, it is still important to avoid using it because it is not worth the potential consequences. If the can ruptures, the contents inside will also explode everywhere, which is inconvenient to say the least. Thus, hopefully this recall is completed smoothly and safely.

April 15, 2011

Pembroke Pines Car Accident Attorney on the Ford F-150 Air Bag Recall


Earlier today, Ford Motor Company announced that it is expanding a recall of Ford F-150 pickup trucks. According to reports, Ford was initially opposed to the idea of expanding the recall from 144,000 trucks to the current total of approximately 1.2 million F-150s. Ford is recalling the trucks because of "unintended air bag deployments", which can result from an electrical short circuit. The recall affects 2004-2006 Ford F-150 models. As a Pembroke Pines Car Accident Attorney, I have seen the injuries that people suffer from a malfunctioning airbag, and oftentimes those injuries are very severe, which is why I wanted to make note of this recall.

According to media coverage of the Ford F-150 recall, there have been up to 66 reports of injuries, including cuts, broken teeth, and even burns. Furthermore, two people reportedly told federal regulators that they were knocked unconscious because of the air bag impact. From a Pembroke Pines Car Accident Lawyer's perspective, it is deeply disturbing to hear about these injuries and I sympathize with the victims who have been physically hurt by the unexpected air bag deployments.

Whether or not Ford will face a product liability lawsuit depends on the severity of the injuries suffered. As a Pembroke Pines Personal Injury Attorney, I see how the airbag can directly cause injuries, but in terms of bringing a claim against Ford, it would depend on how seriously injured someone is because of the "unintended air bag deployment." In other words, if someone were to bring a personal injury lawsuit against Ford, it would depend on the totality of their damages. The damages can include, but aren't limited to, physical, financial, or emotional suffering.

According to the NHTSA report on the Ford F-150 Recall, dealers will remedy the issue for truck owners, as long as they bring the vehicle in to the dealership for service. This recall is a big deal, because of the total volume of F-150s on the road. In 2010 alone, there were approximately 528,000 F-150s sold. Thus, this recall will affect a large number of people, which unfortunately means that a lot of people are at risk for personal injury. That is why it is essential to contact your dealer if you own a 2004, 2005, or 2006 Ford F-150 to ensure that the air bag issue is fixed.

April 12, 2011

Pembroke Pines Personal Injury Attorney on the Williams Sonoma Hot Chocolate Pot Recall


Last Wednesday, Williams-Sonoma recalled roughly 28,000 hot chocolate pots because of several reports that the handle had been breaking off the pot, which in turn can lead to burn injuries. The hot chocolate pot recall is a joint effort between the U.S. Consumer Product Safety Commission and Health Canada, since approximately 700 units in Canada are also affected. As of the announcement of the recall, the CPSC and Health Canada had received 28 reports of the handle breaking. From a Pembroke Pines Personal Injury Attorney's perspective, there seems to be a definite risk of burn injury with this product.

That statement is exemplified by the CPSC's recall report which stated that there had already been 8 reports of personal injury from the broken handle, ranging from burns to cuts. It is unclear at this time what is causing the handles to break off from the hot chocolate pot, whether it be a design flaw or if the materials used aren't strong enough to support the weight.

It is also unclear as to whether any of the people injured will file a personal injury lawsuit against Williams-Sonoma. The CPSC recall report mentioned the reported burns as "minor", which means that there probably aren't significant enough damages for a personal injury lawyer to seek on any of those victims' behalf.

However, because there was such a large number of defective products sold, there is the unfortunate possibility that others may suffer injuries before they receive word of the recall. As a Pembroke Pines Products Liability Lawyer, I can foresee the likelihood for injury because of the hot temperatures, which, as stated in the report, can pose a serious burn risk. If the broken Williams-Sonoma hot chocolate pot causes someone to suffer major burn injuries, then Williams-Sonoma could face a personal injury lawsuit on the basis of products liability and bodily injuries, among other potential claims.

April 12, 2011

Plantation Products Liability Attorney Talks About the Fresh Express Spinach Recall


As announced last week, Fresh Express has recalled close to 3,000 cases of its 9 oz Bag Spinach. The recall was initiated after a sample of spinach tested positive for salmonella. Fresh Express knows for sure that the spinach was distributed to Pennsylvania, New York, Maryland, Connecticut, Rhode Island, Massachuessets and Maine, yet there is a chance that the recalled spinach bags were redistributed to New Jersey, Virginia, Delaware, New Hampshire, West Virginia, Ohio and Washington, D.C. Even though Florida is not one of the states on the list, as a Plantation Products Liability Attorney I felt that it was important to alert readers of this recall so that if you have family in any of those states who purchase Fresh Express Spinach Bags, you could make them aware of the recall.

According to the FDA's report, which can be found here, there haven't been any reports of food poisoning or illness, which is good news. If that fact holds true, then there shouldn't be any product liability lawsuits or personal injury lawsuits as a result of this spinach recall. As readers of this Plantation Products Liability Lawyer's blog will remember, there have been several salmonella related recalls in the last few weeks. There was the Skippy Peanut Butter Recall, then there was the Del Monte Cantaloupe Recall, and the Nutrition Express Whey Protein Recall, just to name three.

As a Plantation Products Liability Attorney, I think that this recall is another example of the importance of safety testing. While there may have been an initial lapse in their testing procedures to let these defective products reach the market, it is because of their additional inspections that Fresh Express was able to discover the salmonella.

Every company that sells a product to a consumer has a duty to provide a safe product and a sound testing program helps to ensure that the duty is not breached. If that duty is breached and the defective product causes someone harm, then the company could face a personal injury lawsuit. Nonetheless, it is very fortunate that no one has become ill from this spinach recall, and we can only hope that no one does.

April 11, 2011

Some Thoughts on a Recent Misdiagnosis Lawsuit by the Plantation Medical Malpractice Attorney


Last week, a medical malpractice attorney won a $10 million award for a 60-year-old man because of an alleged misdiagnosis. Dr. Leo McCluskey was found negligent in diagnosing Eric Davenport with ALS, which is also commonly referred to as Lou Gehrig's disease. According to the lawsuit, Dr. McCluskey didn't perform tests and consult with radiologists before diagnosing his patient. Dr. McCluskey informed the patient that he had 18 months to three years to live, based on that incorrect diagnosis of ALS. From a Plantation Medical Malpractice Lawyer's perspective, this is horrifying to read, as I'm sure it is for everyone else.

As a result of the misdiagnosis, Mr. Davenport will be in a wheelchair for the remainder of his life, suffering from permanent leg paralysis. It wasn't until three years later than Mr. Davenport was properly diagnosed with spinal cord compression, at which point he had already made funeral arrangements. From a Plantation Medical Malpractice Lawyer's point of view, Mr. Davenport's emotional distress is best exemplified by the fact that he was already planning his own funeral.

Mr. Davenport's medical malpractice lawyer argued that if his client had been properly diagnosed by Dr. McCluskey, that the condition would have been treatable with surgery. Thus, had he been properly diagnosed, Mr. Davenport would have been able to avoid, among other things, the resulting emotional distress and paralysis. As a Plantation Personal Injury Attorney, it is not difficult to see the connection between the misdiagnosis and the lifelong ailments that resulted.

The misdiagnosis was in effect a breach of the standard of care that is expected of a medical professional. Further, because of the misdiagnosis, Mr. Davenport's actual condition was not treated, causing him to suffer from permanent leg paralysis. His damages were quite extensive, as evidenced by the jury's decision to award him $10 million.

As a Plantation Medical Malpractice Attorney, I sympathize with Mr. Davenport's pain and suffering. It is very regrettable that he was misdiagnosed and that he now must live the rest of his life in a wheelchair. However, it is somewhat reassuring to see that justice prevailed and that the jury recognized his ailments.

April 11, 2011

Plantation Personal Injury Attorney Discusses the Blue Bird School Bus Recall


As announced last Friday, the school bus manufacturer, Blue Bird Body Co., is recalling nearly 3,900 school buses because of a defect that leads to a potential fire hazard. According to reports, a starter cable could rub against a power steering hose, and the resulting contact could create a short circuit effect; the short circuit could in turn lead to a fire. If a bus catches fire because of this abrasion, then Blue Bird could face a personal injury lawsuit.

According to the National Highway Traffic Safety Administration, the recall affects 2004 to 2006 Blue Bird Vision School Bus models. Those buses were manufactured from June 2003 through December 2004. The NHTSA's recall report can be found here. The investigation began after customers discovered the "abrasion on some cables", at which point Blue Bird began looking into the problem. The manufacturer discovered that approximately 5% of its buses had "chafing on the starter cable." Blue Bird has asked owners to inspect the buses in order to see if there is enough space between the cable and the hose. If the owners find that there isn't enough space, then Blue Bird will install a clamp to remedy the issue.

As a Plantation Personal Injury Attorney, it seems that there is a serious potential for injuries because of this defect. What makes this case even more dangerous is the fact that school buses transport young children. Hopefully the owners receive word of the recall before any fires occur. If Blue Bird can repair all of the defective models prior to any incidents, then the company should be able to avoid a personal injury lawsuit as well as any product liability lawsuits.

It is also worth noting that this is not Blue Bird's first recall in the past twelve months. The company had issued a recall for a potential fuel leak as well as another recall for a different short circuit problem. Thus, there seems to be a recurring pattern here, one which needs to be remedied immediately. As a Plantation Personal Injury Lawyer, I feel so strongly about this because there really is no margin for error when a vehicle is transporting dozens of young children. Hopefully this latest recall prompts Blue Bird to improve their safety testing program to prevent future events like this from reoccurring.

April 7, 2011

Del Monte Cantaloupe Lawsuit Analysis by the Plantation Personal Injury Lawyer


Not surprisingly, a personal injury lawsuit has been filed against Del Monte by the family of a 12 year old girl who became sick after eating Del Monte cantaloupe. The cantaloupe was later discovered to be contaminated with salmonella. As I wrote a couple of weeks ago, this was part of a recall of approximately 5,000 Del Monte cantaloupes. Although this latest recall is getting a lot of media attention, it is worth nothing that this is Del Monte's third cantaloupe recall in under two years. As a Plantation Personal Injury Attorney, that is an important fact to remember in this case. The family's personal injury lawyer is alleging that the salmonella caused the girl's illness and that the salmonella poisoning stems from the recalled cantaloupe.

The attorney goes on to say, "Del Monte had a responsibility to provide its customers with safe, healthy, unadulterated cantaloupe." From a Plantation Personal Injury Lawyer's perspective, they are trying to argue that Del Monte breached its duty of care to only sell products that are safe for consumption. The family is alleging that Del Monte was negligent for allowing an unsafe product to reach the market. Further, they are seeking damages for their "medical expenses, lost wages, travel-related expenses and emotional distress."

As a Plantation Products Liability Attorney, I will make sure to keep an eye on this case. It will be interesting to see if others who allegedly suffered gastrointestinal illnesses from the cantaloupe also decide to file suit against Del Monte. The strain that allegedly caused their illnesses is called Salmonella Panama. I'd expect the plaintiffs' lawyers to use Del Monte's track record of recalls as a way of demonstrating the company's failure to inspect their fruit. If their personal injury lawyers can prove that the company has been repeatedly negligent, it should only help their case towards proving Del Monte liable for the damages suffered. In the end, the most important thing remains the victims' health and ensuring that they make full recoveries from the salmonella poisoning.

April 5, 2011

Pembroke Pines Car Accident Lawyer on the First Toyota Recall Lawsuit


This past Friday, a federal jury in New York ruled that Toyota was not responsible for Dr. Amir Sitafalwalla's car accident. The trial is big news because it is first of many regarding Toyota's vehicles that were recalled for sudden acceleration. The jury was convinced that the driver caused the accident, not the defective floor mat. The driver's personal injury lawyer sought compensation based largely on claims of electronic defects. However, the judge ruled out any evidence concerning electronic issues, which was a big win for Toyota. As a Pembroke Pines Personal Injury Attorney, I will give my thoughts on the verdict below.

That ruling about the evidence is probably in part because the National Highway Traffic Safety Administration previously reported that no electronic defects caused the sudden acceleration. Instead, the NHTSA ruled that the floor mats and sticky gas pedals were the most likely cause of the four deaths and at least 52 other car accidents. As a Pembroke Pines Car Accident Lawyer, it seems that Toyota was able to convince the jury to rule in its favor because of substantial testing and video evidence demonstrating how the floor mat was not a factor in the car accident. The jury needed less than an hour to rule in favor of Toyota, a somewhat surprising result to some people who were covering the car accident lawsuit.

Yet, this is just a small victory for Toyota, since the company is facing hundreds of lawsuits for car accidents that allegedly resulted from defective floor mats or sticky gas pedal issues. From a Pembroke Pines Car Accident Attorney's perspective, the key in many of these cases will be to what degree the driver caused the accident versus to what degree the defective floor mats and gas pedals are to blame. It is up to each plaintiff's personal injury attorney to present the evidence in the appropriate manner to demonstrate this point.

The other car accident lawsuits are also seeking compensation for such damages as economic loss and personal injury. This is the just the first case of a many more to come in the Toyota recall lawsuit process and it will be very interesting to see how each case plays out.

April 4, 2011

Jennie-O Turkey Burger Recall Analyzed by the Pembroke Pines Personal Injury Lawyer


Jennie-O Turkey Store just announced a recall of 55,000 pounds of frozen, raw turkey burgers. The company and government officials said that the meat might be contaminated with Salmonella. Apparently the turkey burgers were distributed nationwide, but only at Sam's Club stores. As a Pembroke Pines Products Liability Attorney, it goes without saying that If people develop severe injuries and pain from eating the contaminated salmonella turkey burgers, then the company could potentially face personal injury lawsuits.

As of today, 12 people have reported becoming ill in the last four months because of the turkey burgers. These people are in Arizona, California, Colorado, Georgia, Illinois, Mississippi, Missouri, Ohio, Washington, and Wisconsin. It seems that none of these people who became sick have filed a personal injury lawsuit against Jennie-O Turkey Store.

The defective product recall is nationwide, so if you purchased these turkey burgers it is important to check the lot codes on your box with those that were recalled. You can find a full list of the recalled packages on the USDA's Food Safety and Inspection Service website located here. The brief report details everything you need to know in the event that you purchased one of the units that is being recalled. You can also visit the company's recall page here.

As a Pembroke Pines Personal Injury Lawyer, the possibility for a lawsuit depends on the severity of how sick people get from eating the turkey burgers. For example, Salmonella poisoning can be life-threatening to people with a weak immune system. Thus, if someone with that condition had eaten a contaminated turkey burger and become very ill or even died, then a product liability attorney could argue that the defective product directly caused that person's harm.

Furthermore, if that person were to win the lawsuit, then the company could also be ordered to pay for additional expenses as part of the award. For instance, the company would have to pay for the person's medical bills that they incurred as a result of getting sick from the defective product. Of course this example is a hypothetical scenario, but it still shows how serious the consequences can be when an unsafe product reaches the market. As a Pembroke Pines Personal Injury Attorney I am available at any time to discuss this or any other recalled product that caused you harm. Please feel free to contact me if you were affected by a recall and would like some more information about your options.