Fort Lauderdale Injury Lawyer Blawg

In the early hours of January 25, 2012 the Weston Car Accident Attorney's client was properly and safely parked in his 1999 Toyota Camry, having just complete his shift at work and awaiting to do a good deed by bringing his friend home Our client's vehicle was parked on the 3900 block of Collins Avenue in the early morning hours and was patiently waiting for his friend to place his bicycle into the back seat of his Camry from the sidewalk side. After all, Daniel meant to help his friend and prevent him from bicycling home in traffic in the early morning hours. Daniel thought he was protecting his friend by having him take his bicycle off the streets by offering him this ride. No one would have envisioned that the Defendant, Joao Mauro, 20, (who according to WSVN 7 News has been charged with DUI manslaughter, vehicular homicide and cocaine possession) or anyone for that matter, would have been operating a motor vehicle in such a negligent manner so as to cause it to come up on to the sidewalk and then strike a vehicle and his friend who was in the process of loading his bicycle.

Our client's vehicle was propelled some 120 feet down Collin's Avenue. Mr. Russell Knudson was fatally pinned between the vehicles that struck him the rear door of the Camry he was trying to get his bike into. Mr. Russell Knudson passed away at the scene of this horrific accident. Our client recalls being airborne, experienced being thrown about the inside of his vehicle and after awakening from having lost consciousness being upside down in the passengers seat.

As of now, the information is still sketchy, but, it appears as though Joao Mauro was not the owner of the Mercedes vehicle he was operating and had neither a Florida driver's license, nor any proof of liability insurance which might inure to the benefit of any of the victims of this tragic crash.

Continue reading "Weston, Florida Accident Attorney Comments Upon High Speed South Beach Sidewalk Accident Case" »

Last week, the CPSC announced a potentially very dangerous recall of Disney pogo sticks made by Bravo sports. The products were recalled because the bottom tips can ware out prematurely and the handles can pose laceration hazards. In total, approximately 159,000 units are being recalled. As a Plantation Products Liability Injury Lawyer, this recall is troubling to read about since it affects young children. As I've mentioned before, these types of recalls are some of the most worrisome since we try so hard to prevent our children from being exposed to any type of injury risk.

According to the CPSC Disney pogo sticks recall release, there have already been some injuries. There were 82 reports of the bottom tip wearing out and five children have been injured. As a Plantation Injury Lawyer, it's always painful to hear about people's injuries, but when children are involved, it's even worse. According to the CPSC release, one 9 year old girl suffered a skull fracture, and another girl needed to get stitches. Clearly, these types of injuries are incredibly serious and troubling. These injuries are due to the fact that the rubber bottom tips on the bottom of the pogo sticks are defective.

Unfortunately, this the second Bravo Sports pogo stick recall this year. The company already recalled 169,000 pogo sticks back in March. The fact that over 325,000 pogo sticks have been recalled by Bravo Sports this year alone is certainly disconcerting. As a Plantation Products Liability Injury Lawyer, I'm curious as to why Bravo Sports didn't inspect the rest of its product line more carefully after the March recall. Although many of the Disney pogo sticks might have already been sold, had the company hypothetically found out about these defective parts months ago, perhaps these little girls would not have suffered these horrific injuries. All in all, this is a very serious product recall and it deserves every parent's attention.

The Schulman Law Group is a personal injury law firm located in Weston, Florida that is committed to representing personal injury victims, including victims of Plantation, Florida product liability accidents. Please visit our website at www.schulaw.com. For a free consultation, please call us at (877) LAW-0444 or email us.

Earlier today, it was announced that Uvex Funride Ski Helmets have been recalled. The company initiated the recall because it was found that the helmets might not function as well as intended, which could pose a risk for head injuries. In total, about 800 of the Uvex Funride Ski Helmets are being recalled. As a Weston Product Liability Accident Lawyer, I think that this recall is important, since head injuries are among the most severe injuries imaginable. We trust a helmet to protect our head and brain from traumatic injury, and if this product isn't functioning properly, then recalling it is the only option.

According to the CPSC Uvex Funride Ski Helmet Recall Release, "The helmet provides insufficient shock absorption and resistance to penetration, posing a head injury hazard." Clearly, if someone were to fall while skiing, the ability of the helmet to absorb the majority of the impact to the head is critical. From the perspective of a Weston Injury Attorney, the company is doing the right thing by admitting the potential defect. While it might cost them financially in the short run, the potential injuries that could result from this defective product could be quite traumatic.

The company said that it discovered the defect during internal quality control inspections. The company also issued a statement on its Uvex recall page. Fortunately, there haven't been any injuries associated with this product defect. As a Weston Product Liability Injury Lawyer, I think that as long as the approximately 800 owners of this product find out about the recall before next ski season, then any head injuries should be able to be avoided. Thus, since it is the summer time now, the company should have a good chance of being able to spread the word about the recall before owners of the helmets begin to ski again next season.

The Schulman Law Group is a personal injury law firm located in Weston, FL that is committed to representing personal injury victims, including victims of Weston product liability accidents. Please visit our website at www.schulaw.com. For a free consultation, please call us at (877) LAW-0444 or email us.

Just recently, a jury in Buffalo, New York awarded a former laboratory chemist $2.5 million in damages. The former chemist sued Ford for exposure to asbestos, which caused him to suffer from mesothelioma. The lawsuit claims that the man was exposed to asbestos while working with a Friction Assessment Screening Test machine manufactured by Ford. As a Fort Lauderdale Products Liability Injury Lawyer, I can attest that asbestos and mesothelioma lawsuits have been unfortunately common in the past. Asbestos cases have been around for a long time and there have been hundreds of thousands of lawsuits regarding this issue.

The lawsuit alleged that while using the machine mentioned above to grind down substances, that the chemist was exposed to asbestos. Moreover, the plaintiff's lawyers claimed that there were no warnings about asbestos on the machine. As a Fort Lauderdale Injury Attorney, it is unfortunate to continue to hear about asbestos cases, since so many people have already been affected. It is truly unfortunate how many people have suffered severe illnesses from asbestos and ultimately mesothelioma.

The jury found that Ford was 15% responsible for the chemist's exposure to asbestos, meaning that the rest of his exposure could be attributed to other companies' products or work conditions. From the perspective of a Fort Lauderdale Accident Lawyer, it is unfortunate that is case had to go to trial, when so many of this man's other lawsuits were settled before they reached court. Settling outside of court could have saved both parties a considerable amount of time and money.

The Schulman Law Group is a personal injury law firm located in Weston, Florida that is committed to representing personal injury victims, including victims of Fort Lauderdale, Florida product liability accidents. Please visit our website at www.schulaw.com. For a free consultation, please call us at (877) LAW-0444 or email us.

On June 16, Big Lots announced the recall of its metal futon bunk beds. The recall stems from the death of a 3 year-old from Iowa, which was caused by the defective bunk beds. In total, approximately 30,000 Big Lots metal futon bunk beds are being recalled. As a Fort Lauderdale Products Liability Injury Attorney, and as a parent, it goes without saying just how horrific this incident is. It is always devastating when a defective product causes serious harm, but the damage is even more heatbreaking in a case like this where the product is believed to have caused the death of a little boy.

According to the CPSC Big Lots Bunk Beds Recall Release, the products pose an injury risk because "Children behind the futon or in the ladder area of the bunk bed can get entrapped when the futon and its metal frame are lowered from the seated to the flat position." Unfortunately, this is how the aforementioned little boy died. As a Fort Lauderdale Accident Lawyer, I can say that a recall such as this one is one of the most frightening, since it involves young children being exposed to a serious injury risk. Anytime children are at risk for injury, the issue immediately becomes much more worrisome.

The recalled units were sold at Big Lots from January 2009 until April 2010, which is why the total number of units being recalled is so large. As a Fort Lauderdale Injury Lawyer, I know that alerting 30,000 parents about this safety issue is going to be a difficult task. One can only hope that the word spreads quickly and that any other potential accidents related to this issue can be prevented by the recall.

The Schulman Law Group is a personal injury law firm located in Weston, FL that is committed to representing personal injury victims, including victims of Fort Lauderdale products liability accidents. Please visit our website at www.schulaw.com. For a free consultation, please call us at (877) LAW-0444 or email us.

Last week, The Consumer Product Safety Commission announced a warning about the use phil&teds feeding chairs for children. The reason for the warning is that the CPSC believes the metoo clip-on table told children's chairs can lead to a falling hazard for the children. The CPSC has alleged that the clamps can detach from the table surface, leading to a fall. As a Plantation Products Liability Lawyer, I am very concerned about this warning from the CPSC, since it seems like children are potentially at risk for very serious injuries. Moreover, the CPSC said that the phil&teds "has refused to agree to a national recall of their hazardous product that is acceptable to CPSC."

For anyone who purchased this product for their child, the CPSC phil&teds Danger Alert Release can be found here. According to the alert, if a child moves its legs or pushes on the table, then the feeding chair can detach and cause the child to fall to the floor. From a Plantation Personal Injury Lawyer's perspective, an alleged design flaw such as this should have been corrected in the development phase, long before the product was ever brought to market. It seems reasonable to assume that a child would move his/her legs while in a chair, and if such a movement causes the child to fall to the ground, then the product seems fundamentally unsafe.

Another problem that prompted this warning from the CPSC is the issue of spacing between the metal bar and the clamps of the chair, which can causes a child's fingers to be "severely pinched, lacerated, crushed or amputated if caught between the bar and the clamp when the chair detaches." Obviously, that is a horrifying scenario, which is why the CPSC is working to avoid any further injuries. The CPSC writes in its warning of "numerous incidents" concerning this product. As a Plantation Personal Injury Attorney, one of my biggest concerns with this ordeal is that phil&teds hasn't yet issued a voluntary recall of the defective products. In the simplest business terms possible, beyond any legal duty that it owes to its consumers, it simply doesn't look good for the company from a public relations standpoint for everyone to know that they have been uncooperative in working with the CPSC to implement a recall.

The company has issued a statement on its website about the CPSC metoo warning. As one might expect, the company tells a somewhat different story than what the CPSC is alleging, so it will be very interesting to see how this issue proceeds and to what result. From my perspective, as a Plantation Products Liability Attorney who has seen people suffer unfortunate injuries time and again, the larger issue here remains the safety of the children who are put in the phil&teds clip-on table top chairs. The children are completely unaware of any present danger and would not know how to react to an unexpected fall. The last thing that anyone wants to see as a result of this product defect is children suffering head injuries that might affect their development and/or future health.

Last week, a jury in Virginia awarded $212 million to Douglas M. Ray as a result of his lawsuit against Allergan Inc. Mr. Ray claimed that the unforeseen side effects of the Botox injections that he received in his hand later caused him to suffer permanent brain damage. He further claims that Allergan Inc. failed to warn consumers of the potential risk of brain damage from Botox injections. As a Fort Lauderdale Brain Injury Attorney, this seems to be a monumental case, and could set a precedent for the future, depending on whether or not the manufacturer appeals the ruling. Moreover, Mr. Ray's injuries are simply heartbreaking and I feel for him and his family.

Going back to the prospect of an appeal, Bloomberg is reporting that Allergan, Inc. is considering an appeal of the verdict. Part of the reason for the potential appeal is that Virginia state laws cap punitive damages at $350,000. The original award was for $12 million in compensatory damages and $200 million in punitive damages. As a Fort Lauderdale Personal Injury Attorney, I will be very curious to see if Allergan, Inc. files an appeal, as well as what the ultimate ruling on the punitive damages cap will be.

Mr. Ray's lawyer alleged that Allergan, Inc. was ware of the potentially harmful side effects and failed to sufficiently explain those dangers to doctors and patients. He further alleged that Allergan, Inc. failed to warn in order to avoid losing current and future sales because of their admission of the dangers.

From a Fort Lauderdale Personal Injury Lawyer's perspective, I believe that in any circumstance a company has a duty to warn consumers of any potential harm that they may suffer, because that is simply the right thing to do. I can't give my opinion on this case without knowing all of the details, but the award certainly demonstrates that the jury believes Allergan, Inc. failed to warn Mr. Ray of the potential for brain injuries from using Botox.

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.

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.

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.