- Bob Carroll | December 29, 2006 9:29 AM |
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Workplace InjuriesThe New York Times reports on a decision by the Ohio Supreme Court that makes no sense under the no-fault-based workers' compensation system in that state and in Florida. Ohio Ruling Denying Pay in Job Injury Draws Debate The Ohio Supreme Court has upheld a KFC franchise's petition to deny workers' compensation payments to a teenage boy who was severely burned while cleaning a pressure cooker,...
- Bob Carroll | December 26, 2006 4:27 AM |
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Defective & Dangerous ProductsIn a short sequence posted on YouTube from the famous 1976 Death in the West, Helmut Wakeham (VP research and Development of Philip Morris) compares smoking to eating apple sauce.Philip Morris compares smoking to eating applesauce It is public relations efforts like this that give PR a bad name. And, it is part of the reason Florida residents have been given the opportunity to bring individual...
- Bob Carroll | December 25, 2006 3:54 AM |
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Defective & Dangerous ProductsWhat was wrong with the spoons our mothers used to feed us when we were toddlers? Apparently, they lacked a soft, flexible plastic tip with dramatic colors. Now that the world has such a special spoon it is being recalled because the tip can loosen and break off creating a choking hazard. BabySwede LLC Recalls BABYBJÖRN® Feeding Spoons Due to Choking HazardThe U.S. Consumer Product Safety...
- Bob Carroll | December 24, 2006 8:23 AM |
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MiscellaneousChristmas means many things to each of us. Somehow Merry Christmas has become the condensed greeting and message we deliver to each other. Yet, merriment is probably not what most of us would put at the top of our list of meanings. (And, jolliness probably ranks even lower.)Perhaps, we should couple the greeting with I love you.That may be closer to what we are trying to say with our hugs and...
- Bob Carroll | December 22, 2006 8:02 AM |
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Medical MalpracticeMisfilled prescriptions or prescription errors continue to occur at an alarming rate in Florida. And, sadly, they sometimes produce a devastating injury or death. The following news report shows the problem is not limited to our state. Pharmacy error nets $8 million jury awardLANCASTER, S.C. - A jury has awarded a Lancaster woman nearly $8 million after she lost the use of her only kidney...
- Bob Carroll | December 22, 2006 7:36 AM |
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Defective & Dangerous ProductsFlorida's Supreme Court gave ailing smokers a boost to file individual lawsuits against the tobacco industry, though it upheld an earlier decision to throw out a $145 billion award. That is the gist of yesterday's Supreme Court opinion.State court aids ill smokersThe Florida Supreme Court Thursday snuffed out the tobacco industry's strategy to slow down thousands of ailing state smokers in...
- Bob Carroll | December 22, 2006 7:15 AM |
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FDA & Prescription DrugsWould Zyprexa have become a best-seller for Eli Lilly if its blood-sugar risks had been fully revealed? Serious Contradictions in Eli Lilly Zyprexa Data The New York Times reports that for at least a year Eli Lilly provided information to doctors about the blood-sugar risks of its schizophrenia drug Zyprexa that contradicts data circulated within the company when it first reviewed its clinical...
- Bob Carroll | December 20, 2006 9:36 AM |
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Defective & Dangerous ProductsIf anyone needs evidence that allowing negligent defendants to have court files sealed from public view is wrong, wrong, wrong, they should read this article in the Seattle Times:Woman's coma leads to secrecy, silenceSylvia Lane, a diabetic, lay in her apartment bed in Lynnwood, comatose and alone, her blood and brain in desperate need of sugar.But the medical device she'd just received instead...
- Bob Carroll | December 20, 2006 7:36 AM |
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FDA & Prescription DrugsDB's Medical Rants deserves a medal for this article and position on interacting with drug company representatives.Drug companies and my colleaguesMy colleagues disagree with my position on drug reps - Just say no to drug reps.Their arguments concern a capitalistic approach to the pharmaceutical market and the possibility that drug reps make physicians aware of medical advances. One colleague...
- Bob Carroll | December 20, 2006 6:41 AM |
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Medical MalpracticeThe pain of fibromyalgia is real, and doctors need to take patients' complaints seriously, concludes a review paper by University of Michigan Health System doctors.Evidence Shows Fibromyalgia Pain Is Real: Experts"It is time for us to move past the rhetoric about whether these conditions are real, and take these patients seriously as we endeavor to learn more about the causes and most effective...
- Bob Carroll | December 18, 2006 1:26 PM |
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MiscellaneousWhen is an annuity a scam played on the purchaser? I nominate the circumstances of this purchaser's dealings with an insurance agent in New Port Richey.The Great Annuity Rip-Off Seven years ago, when Alice Bouchard was 85 and needed her money to be easily accessible, an insurance agent sold her a deferred annuity that tied up her money until she was 101. If she had needed to withdraw the money...
- Bob Carroll | December 18, 2006 7:23 AM |
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Automobile AccidentsLast week I was working on a personal injury claim on behalf of two Canadian citizens who were visiting in Florida when they were involved in an automobile accident. This week I believe my calendar shows two matters involving injured snowbirds from northern states. The fact is that Florida, perhaps more than any other state, has lots of out-of-state residents on its roads. And, as a result,...
- Bob Carroll | December 18, 2006 6:54 AM |
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Medical MalpracticeSome medical malpractice occurs simply because the medical provider does not spend enough time doing the job at hand. It is identical to the plumber who does a poor job making his connections in the rush to get to the next job or on the way home. Or, to the home inspector who has twice as many homes to inspect as he should have in his work day. It is not a failure of training or experience. ...
- Bob Carroll | December 17, 2006 6:58 AM |
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Medical MalpracticeAmericans are injuring themselves and others at astounding rates. The latest figures and costs make you think about staying home - but, you would have to just sit on a couch and not take any medications. Injuries Cost Hospitals $20 BillionU.S. hospitals spend roughly $20 billion to treat the nearly 2 million Americans injured seriously enough each year to require inpatient care, according to a...
- Bob Carroll | December 16, 2006 8:25 AM |
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MiscellaneousIt is that time of the year when thoughts about family seem to crowd out the usual brain waves. I know I will be enjoying the holidays with a new grandson who at age 10 months is already walking. His smile and laugh can light up my day.But, because of the nature of my legal practice I know many of my clients cannot experience the holidays as they did before their injuries or the injuries to...
- Bob Carroll | December 16, 2006 7:55 AM |
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MiscellaneousEvery week I prepare clients for the taking of their depositions by the opposing attorney. Then, I sit with my clients as the opposing attorney questions my client for two or more hours under oath with a court reporter present. My stress level during my client's deposition may actually be higher than my client's. Why? Because I know how a loose tongue can undermine an entire case.Michael...
- Bob Carroll | December 14, 2006 7:51 AM |
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Automobile AccidentsTime to learn a little Florida law. A very recent Appellate Opinion underscores some of the problems and issues created when a victim experiences two automobile collisions separated by a short period of time. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant, v. JOHN ROBERT WILLIAMS, Appellee. 1st District. Case No. 1D06-1354 (31 Fla. L. Weekly D3104d)In the first accident, a vehicle...
- Bob Carroll | December 13, 2006 7:45 AM |
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Wrongful DeathThe New York Times is running an editorial today about the limits of spectator actions during America's public trials. We are proud that our criminal and civil court systems are open to the public. But, can we allow the public to intervene as a factor in the outcome? Can we permit public access to morph into what the Times calls lobbying?Lobbying the Jury We are disappointed that the Supreme...
- Bob Carroll | December 13, 2006 7:24 AM |
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MiscellaneousI attended the deposition of an injured client yesterday. She was a very pleasant lady who had the misfortune of driving through an intersection at the same time another driver failed to stop for a red light. As a result, she was broadsided and has suffered with pain and limitations ever since. The deposition lasted more than two hours, not unusually long for such a deposition. The...
- Bob Carroll | December 13, 2006 6:04 AM |
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Defective & Dangerous ProductsA visit to Washington, D.C., could be hazardous to the health of your children, especially if you are feeling generous.Lead in Jewelry and Other Products Sold in Capitol Gift ShopsFrom press release: "Rep. Waxman and Sen. Obama today released a report finding that products from the Capitol gift shop contain dangerous amounts of lead. Jewelry and other inexpensive children's gifts sold in the...
- Bob Carroll | December 12, 2006 5:33 AM |
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Medical MalpracticeIf an employer sends a drunk employee off the worksite knowing he would likely drive home, should the boss be liable if the drunk employee does what drunk drivers often do, crosses the center line and kills an oncoming motorist? My answer is yes. If a doctor discharges a hospital patient knowing that his medical condition and medications would make him an unsafe driver without warning the...
- Bob Carroll | December 11, 2006 10:45 PM |
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Medical MalpracticeWhen the Florida Legislature was being pressured to place a cap on the damages in medical malpractice cases there were those who said doing so would only result in windfall profit for the medical malpractice insurance industry. They were right. Three years after the Legislature capped medical malpractice payouts, insurance company payouts have decreased dramatically, but not their...
- Bob Carroll | December 11, 2006 5:49 PM |
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Medical MalpracticeMaybe, just maybe, hospital medication errors will be reduced soon. Congress has tied Medicare reimbursements to a hospital's adoption of new quality standards related to medications. Congress Passes Legislation to Prevent Medication Errors U.S. Senators Evan Bayh and Richard Lugar today announced that the Senate passed legislation late last night that includes steps to prevent hospital...
- Bob Carroll | December 10, 2006 5:04 AM |
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MiscellaneousFellow InjuryBoard.com blogger, John Bisnar from California, has posted an article that sets the standard for client satisfaction in a personal injury law practice. Treat the client as you would want to be treated in his or her circumstances. John learned this goal while in law school but not in the way you might think.Why I am a personal injury attorney.Recently I was asked why I am still so...
- Bob Carroll | December 09, 2006 4:45 AM |
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Defective & Dangerous ProductsIf you don't care enough about your own health to stop smoking at least stop smoking around others, especially children. Exposing children to secondhand smoke (environmental tobacco smoke) should be considered child abuse.Environmental Tobacco SmokeHere are some common questions and answers about secondhand smoke also known as environmental tobacco smoke. Take action now to reduce your risks.Q:...
- Bob Carroll | December 08, 2006 6:30 AM |
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Defective & Dangerous ProductsFor many consumers a power rear liftgate on a minivan is a necessity. It turns out some of the liftgates are defective and cause injuries.Toyota, NHTSA Investigate 360,000 Sienna VansThe National Highway Traffic Safety Administration is investigating Toyota Motor Corp.'s 2004 and 2005 Sienna minivans with power rear liftgates after reports of 14 injuries when the liftgates unexpectedly...
- Bob Carroll | December 08, 2006 6:18 AM |
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Workplace InjuriesHere is a pop quiz from Confined Spaces. It reminds us it is not only accidents which are killing and injuring workers in America today.Violence Continues To Injure And Kill WorkersAlthough workplace violence has fallen from the second leading cause of death in the workplace to fourth, it remains a major source of injuries and fatalities in the workplace.A couple of good new studies on workplace...
- Bob Carroll | December 05, 2006 5:00 PM |
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Defective & Dangerous ProductsLet's see if this makes sense. Six physicians with financial ties to Johnson & Johnson and other heart-device makers will be advising U.S. regulators whether to restrict the use of some products because of potentially lethal side effects. FDA waives rules for expert panel on stents The doctors will serve this week on a FDA panel of experts in Washington reviewing blood clots linked to stents....
- Bob Carroll | December 05, 2006 5:15 AM |
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Medical MalpracticeIt appears that pediatric residents are the same as the rest of us. Working fewer hours reduces fatigue and patient care errors. Pediatric Residency Duty Hours Before and After Limitations"Since the Accreditation Council for Graduate Medical Education duty hour limits went into effect, pediatric residents report working fewer hours and making fewer patient care errors because of fatigue....
- Bob Carroll | December 05, 2006 3:58 AM |
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Medical MalpracticeInfants and children should have more eye examinations. That is the word from the American Optometric Association. Its recommendations and my comments are below. Health Tip: Your Child Needs Regular Eye ExamsHealthDay News -- Regular eye checkups are important, especially for children, the American Optometric Association says.The newborn checkup at the hospital isn't enough, the group warns....
- Bob Carroll | December 04, 2006 6:41 AM |
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Medical MalpracticeI am a happy man today. My two grandchildren, apparently, can hope to avoid wheezing in their lives because their parents were smart enough to raise them with fur-shedding brothers. Now, what will help me get the fur out of my lungs?Infants Wheeze Less In Homes With Multiple DogsLiving in a home with multiple dogs may help reduce an infant's risk for developing wheezing in the first year of...
- Bob Carroll | December 04, 2006 5:53 AM |
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Automobile AccidentsOf all the skills and capabilities required for safe driving vision could be the easiest to measure. It does not seem to be too much to ask that a driver submit periodically to a relatively simple and short vision test.Keeping Our Eyes on the Road: A State-by-State Analysis of Vision Screening Requirements for DriversSource: Vision Council of AmericaFrom press release: "States with lax vision...
- Bob Carroll | December 03, 2006 6:50 AM |
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Medical MalpracticeIf you are headed for Australia, happen to have continuing physical problems from a whiplash injury and can spare a day, the University of Queensland needs you. Volunteers Required For Whiplash Injury ResearchUQ's Physiotherapy Division is asking people to don a special vest to improve understanding of the impact of whiplash on the daily life of people with chronic symptoms. Dr Michele...
- Bob Carroll | December 03, 2006 5:20 AM |
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Automobile AccidentsThe death of Dorris Edwards around Thanksgiving in 2004 when her SUV was crushed by a tractor-trailer can be traced to the cozy relationship between the trucking industry and the Bush Administration.As Dorris Edwards slowed for traffic near Kingdom City, Mo., on her way home from a Thanksgiving trip in 2004, an 18-wheeler slammed into her Jeep Cherokee.The truck crushed the sport-utility vehicle...
- Bob Carroll | December 02, 2006 6:23 AM |
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MiscellaneousThere will likely be a major reduction in the travel schedule of Santa Claus between now and that day which shall remain nameless on December 25 if the Ban Santa movement takes hold. I supposed his duties on December 24th and 25th will not have to be curtailed since nobody sees him distribute the you-know-whats.Santa Claus Banned From New York BreakfastWarwick, New York has made the decision to...
- Bob Carroll | December 01, 2006 6:03 AM |
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Medical MalpracticeFor those of us who have previously experienced a painful herniated disc it is not necessary to outline the symptoms. However, first-timers will benefit from the posting at MedicineNet.com and the links it provides.Health Tip: Symptoms of a Herniated Disc(HealthDay News) -- Stress or injury can cause spinal discs to become herniated, which occurs when these soft cushions between spinal bones...