- Bob Carroll | July 31, 2006 5:57 AM |
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Defective & Dangerous ProductsToday's St. Petersburg Times reports: There's a nasty war out there. One poised to escalate once again. It is the conflict with the tobacco industry. It's a battle fought in the courts nationwide and, as we will see more and more, in developing countries desperate to curtail tobacco addiction among their own people.In what the media at first called a big victory for the tobacco industry, the...
- Bob Carroll | July 30, 2006 6:02 AM |
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Automobile AccidentsEvery motor vehicle crash changes the direction of the life of the injured victim and the victim's family in some way. Sometimes it is only a slight detour lasting for only a few months. At other times it is a lifetime of grief and losses. What happened to Kimberly Nea and her soldier, as reported by the Cleveland Plain Dealer, just before her wedding in 2003, is particularly poignant. Jury...
- Bob Carroll | July 30, 2006 5:39 AM |
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Spinal Cord InjuriesSpinal cord injury (SCI) is most often caused by motor vehicle accidents. That is the primary reason our firm has an MD Neurosurgeon on its staff. Our clients with SCI require special handling and special knowledge. We also make use of extensive online medical libraries of specialized journals. One of these libraries is MDConsult.com which also provides very focused clinical topic tours on...
- Bob Carroll | July 28, 2006 8:48 AM |
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Head & Brain InjuriesFor approximately 10 years I attended the meetings and events of a Tampa Bay Head Injury Support Group. My contacts and friendships within the group were very enlightening to me. I learned some surprising things about the capabilities, problems and attitudes of those who are traumatically brain injured. There are far too many matters to cover in a single article so today I will mention just...
- Bob Carroll | July 28, 2006 8:03 AM |
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Medical MalpracticeSome surgeries are more complicated than others. Putting rods into a patient's back definitely requires training and experience. Apparently, Dr. Jacques didn't think it was such a big deal. An $11 Million medical malpractice verdict is the result.Medical Malpractice July 27, 2006 - 11:00PM He went to a local hospital for surgery and left with irreversible damage. Now a jury has awarded the...
- Bob Carroll | July 28, 2006 7:22 AM |
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Workplace DiscriminationThe nation's fastest-growing legal battlefront may be between workers and companies. Since 2000, the number of wage-related cases filed in federal courts has doubled, and most involve overtime claims.More workers suing to get overtime payLori Langer poured herself into her job, putting in extra time calling prospective students as an admissions adviser at American Intercontinental University...
- Bob Carroll | July 27, 2006 6:49 AM |
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Defective & Dangerous ProductsI recently spent the afternoon with an expert who was examining a product on behalf of my injured client. The product had malfunctioned during use and caused very serious and permanent injuries. The inspection process took over four hours. It was very thorough and methodical. My expert obviously knew the product well and how to properly inspect and test it. He was also very careful to...
- Bob Carroll | July 25, 2006 10:54 PM |
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MiscellaneousThere is a voice trying to counter the anti-civil justice media barrage. It may be an uphill fight, but Cyrus Dugger is serious about the effort. Here is the blog and the story: LAUNCH: TORT VICTIM TRAGEDIES Each week I will highlight the case of an injured person who was (or likely will be) denied full justice because of changes made to state law by the national anti-civil justice movement...
- Bob Carroll | July 25, 2006 7:14 AM |
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Defective & Dangerous ProductsThe smoke has cleared a little on the recent decision of the Florida Supreme Court that was initially hailed as a victory for Big Tobacco. (Pardon the pun.) It now appears that the legal pathway for 700,000 smokers to a recovery for their smoking-related injuries may be much straighter than before the ruling. The courthouse doors are now open to the smokers. As they enter they are handed...
- Bob Carroll | July 23, 2006 8:17 AM |
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Medical MalpracticeAmerica prides itself on being a melting pot where people from other countries can eventually become good citizens and productive members of our society. While on the path to citizenship, however, maybe they should avoid hospital emergency rooms. Language barriers plague hospitalsMany hospital patients who have a limited ability to speak English and who need a translator don't get one, which...
- Bob Carroll | July 22, 2006 9:45 AM |
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FDA & Prescription DrugsThe Kansas City Star reports on a MMR vaccine settlement of note. We have previously commented on this vitally important program. In what is thought to be one of the largest such settlements ever, a quadriplegic boy has been awarded $43.1 million under a government vaccine injury program. Seven-year-old Mario Arturo Rodriguez, who once lived in Kansas City and received a vaccination at...
- Bob Carroll | July 22, 2006 9:13 AM |
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MiscellaneousIn my first years of practice on more than one occasion I had the experience of being "dressed down" by the presiding judge during or after a trial. In each instance I had been aggressively arguing in favor of my client within the ethical bounds of my profession. Sometimes the judge would comment that I was getting close to being banned from his courtroom in the future. At the time, I felt the...
- Bob Carroll | July 21, 2006 7:27 AM |
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MiscellaneousThe Miami Herald is reporting that more sex abuse cases have settled, mostly out of court.Archdiocese pays $750,000 in 6 sex casesSix sexual abuse cases amounting to $750,000 have been settled by South Florida's Catholic archdiocese.The Archdiocese of Miami has agreed to settle six separate sexual abuse cases, including two involving Neil Doherty, a Broward priest accused of drugging and raping...
- Bob Carroll | July 21, 2006 7:19 AM |
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MiscellaneousIt used to be that only death and taxes were certain. Apparently, illegal fees for cremations should have been added to the list.Massive Lawsuit Against Florida's Medical ExaminersAccording to the lawsuit, medical examiners are charging for a service that is already a part of their job.By law, medical examiners have to authorize a cremation before it can happen.First Coast News has copies of...
- Staff Writer | July 20, 2006 8:52 AM |
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Workplace DiscriminationThe Securities and Exchange Commission is investigating Computer Sciences Corporation for possibly failing to report backdated stock options that were given to the company's executives. CSC announced last month that they are cooperating with the investigation, which focuses on whether the backdated options increased the executives' compensation.The informal request by the SEC for information...
- Bob Carroll | July 18, 2006 8:42 AM |
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MiscellaneousA few days ago I attended a dinner meeting in Seattle that really lifted my spirits. It was not one of those seminars run by ex-coaches or star salesmen or motivational experts. It was a meeting of some of my fellow InjuryBoard.com bloggers. We had an opportunity to meet face-to-face, dine together and exchange our experiences in the practice of law. Of course, our practices focus on the...
- Bob Carroll | July 18, 2006 8:22 AM |
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MiscellaneousThe St. Pete Times reports that name recognition is already narrowing the field in the upcoming election of the next Florida Attorney General. I can think of many important qualities that I would want in an Attorney General, but name recognition is not on the list. As the race gets closer to the election I will provide more information about the qualifications of the candidates, especially how...
- Staff Writer | July 18, 2006 1:51 AM |
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Workplace DiscriminationComputer Sciences Corporation announced last week that corporate VP and former CFO Leon (Lee) Level will retire at the end of this month. Level previously stepped down from his post as CFO, and his full retirement will take place July 31st. Just over a year ago, a class action lawsuit against CSC on behalf of more than 14,000 employees was finalized. That suit involved overtime pay and was...
- Staff Writer | July 17, 2006 2:36 PM |
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Defective & Dangerous ProductsBig Tobacco scored a victory earlier this month when the Florida Supreme Court upheld the decision of a lower court to throw out $145 billion awarded to a class of 300,000 to 700,000 Florida smokers. This opens the door for individual tobacco lawsuits by decertifying the class action.A Miami jury had ruled in 2000 that the tobacco companies deceived smokers about the dangers of cigarettes and...
- Bob Carroll | July 15, 2006 10:45 AM |
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Defective & Dangerous ProductsIf you have a pacemaker or a defibrillator, you should contact your physician to determine whether your device is part of [a recent] recall.That is the strong recommendation in an article in the Sun-Sentinel about recalled medical devices.Pacemaker recalls warrant call to doctorLast year Guident recalled more than 100,000 defibrillators when there were several reports of death due to a defective...
- Bob Carroll | July 14, 2006 7:58 AM |
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Defective & Dangerous ProductsWe have blogged on the dangers of tube kiting. Meanwhile, the U.S. Consumer Product Safety Commission has been working on the matter. Now, we have word of a recall:Sportsstuff Wego Kite Tubes Withdrawn from Market after Reports of Deaths and InjuriesIn cooperation with the U.S. Consumer Product Safety Commission (CPSC), Sportsstuff, Inc., of Omaha, Nebraska is voluntarily recalling about...
- Bob Carroll | July 14, 2006 7:40 AM |
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Medical MalpracticeAn appeals court in Tallahassee has ruled that the Florida Medical Association and three Florida doctors are not immune from liability in connection with efforts to discipline a doctor who testified as a plaintiff expert in a malpractice case. Law.com has more of the details:Doctors Who Testify as Experts for Med-Mal Plaintiffs Can Sue if Peers Discipline ThemOn Tuesday, a 1st District Court of...
- Bob Carroll | July 14, 2006 3:09 AM |
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MiscellaneousEvan Schaeffer's Legal Underground alerts us to some excellent articles about Tort Reform. But, as Even points out, only subscribers to Trial magazine get to read them. Memo to ATLA: Put these articles on the Web. ATLA'S TRIAL MAGAZINE TAKES ON TORT REFORM--BUT FOR SUBSCRIBERS ONLY . . . The July issue of Trial magazine is devoted to "the myth of the litigation crisis." The gloves are...
- Bob Carroll | July 14, 2006 2:47 AM |
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MiscellaneousOne of the most important decisions injured victims make is the selection of a doctor or hospital. Recommendations from family members, friends, neighbors, primary care doctors and injury lawyers are all helpful. The Krafty Librarian provides excellent websites that can also be used in the quest.Finding a Doctor and Hospital
- Bob Carroll | July 13, 2006 7:03 AM |
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Property Owner's Liability (Slip & Fall)Structural building defects that suddenly take a live or lives have many fathers.My experience in cases where a death or serious injury occurs because of a structural defect parallels what is being reported in the New York Times about the Big Dig tragedy in Boston. Investigation almost always reveals advance warning and multiple responsible parties who each failed to do what was required.Wide...
- Bob Carroll | July 13, 2006 5:57 AM |
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Medical MalpracticeYour doctor may be traveling less and spending more time with you. BayNews 9 tells us why.A new law may force doctors to close up shop at some locations.Until now, there were no restrictions on the number of satellite offices a doctor could supervise. But the law, signed by Governor Bush last week, not only specifies the number of doctor's offices, but the type of procedures performed in them...
- Bob Carroll | July 13, 2006 5:37 AM |
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Defective & Dangerous ProductsThe Consumer Product Safety Commission (CPSC) may become the Consumer Product Secrecy Commission.Proposed Rule Change by CPSC Puts Consumers in DangerWeakened Standards Let Manufacturers Off Hook For Defective Products Quote of the Week "[The proposal] is a sop to the industry and a weakening of the current hazard-reporting system."- Consumer Product Safety Commissioner Thomas Moore, one of the...
- Bob Carroll | July 11, 2006 6:26 PM |
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FDA & Prescription DrugsDuragesic patches are designed to deliver a very potent painkiller slowly and precisely over a period of days. One Duragesic patch appears to have exceeded its administration rate and caused a death. The story is from Legal Radar. Family of Drug Patch Death Victim Wins $773,000A Houston jury has ruled that Johnson & Johnson are to pay $773,000 to the family of Michaelynn Thompson, who died...
- Bob Carroll | July 10, 2006 6:54 AM |
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Defective & Dangerous ProductsTube flying has received another negative review because it is basically an ultra-hazardous activity disguised as a new water sport.According to the Washington Post the Army Corps of Engineers is banning tube flying (tube kiting) from facilities under its jurisdiction.Army Corps Punctures Kite TubesU.S. Army Corps of Engineers' districts are moving quickly to ban "tube kiting," a relatively...
- Bob Carroll | July 09, 2006 6:14 AM |
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Defective & Dangerous ProductsIf a trial lawyer were to be bold enough to sue tobacco companies in a class action lawsuit seeking punitive damages because they intentionally sold an addictive product which caused serious harm to the health of smokers and lied about the dangers of smoking, I strongly suspect a majority of people would say, "Go, Baby, Go!," and hope for a really big punitive damage award that would create...
- Bob Carroll | July 08, 2006 7:47 AM |
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FDA & Prescription DrugsThere is a no-fault national vaccine injury program. Compensation is not automatic, but when a trial lawyer makes it work as it should the benefits for the victim can be substantial. Boy who became a quadriplegic after receiving a vaccination has been awarded $43.1 million under a government vaccine injury programThe award to 7-year-old Mario Arturo Rodriguezis thought to be one of the largest...
- Bob Carroll | July 08, 2006 7:06 AM |
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Medical MalpracticeAll of us have experienced the unbelievable increases in homeowner's insurance premiums over the last 10 years. We would all probably agree it is a crisis. The insurance industry responds by citing the increased payouts over the same period which have made the higher premiums necessary. Meanwhile, during the same period, the medical profession has also been experiencing large increases in...
- Bob Carroll | July 07, 2006 8:58 PM |
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Medical MalpracticeIn case you were thinking about using the Emergency Room at Winter Haven Hospital you may want to read what is posted over at This Makes Me Sick.Just before he resigned, Dr. Scott H. Plantz penned an 11-page resignation letter and sent it Winter Haven Hospital officials and other doctors.Since most resignations take about one half of a page, it sounds like the doctor had something to get off his...
- Bob Carroll | July 06, 2006 5:15 PM |
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Defective & Dangerous ProductsWater recreation is supposed to be fun and even exhilarating. It is not supposed to be extremely dangerous. Tube Kiting appears to have crossed the line. The Consumer Product Safety Commission has issued a press release to warn us of deaths and serious injuries from what may be dangerous and defective new products. CPSC Warns Consumers about Dangers of Tube KitingTwo Deaths over the Past 3...
- Bob Carroll | July 06, 2006 6:41 AM |
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Medical MalpracticeGuidelines and malpractice in obesity treatment (Clin Ter. 2006 Mar-Apr;157(2):143-52) is the title of a medical journal article from Italy.The article's conclusions are a cautionary warning in both Italy and the United States. Obesity management (dietary treatment, monitoring of weight loss, pharmacologic approach, and surgery ) is associated with several complications and errors.Guidelines and...
- Bob Carroll | July 06, 2006 6:27 AM |
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Automobile AccidentsBob Kraft has posted an article featuring helpful information for rear end automobile accident claims for injuries. NHTSA Automobile Bumper InformationThose of us who represent automobile collision victims deal daily with the insurance company argument that our client couldn't have been hurt because there wasn't extensive damage to the client's vehicle. But now an official federal government...
- Bob Carroll | July 06, 2006 5:59 AM |
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Medical MalpracticeTime for a quiz. In the law of medical malpractice what exactly constitutes a foreign object? Is it (A) something imported from another country; (B) something accidentally left in a patient's body after surgery; (C) something intentionally left in a patient's body but wrongly placed; or (D) something that can extend the time in which a medical malpractice suit can be filed? You will have to...
- Bob Carroll | July 05, 2006 10:31 PM |
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Defective & Dangerous ProductsA freshly brewed article about the infamous McDonald's coffee spill case has been posted at DMI Blog.Why You Should be Able to Sue McDonald's if You Spill Coffee on YourselfStella was 79 years. She was a passenger in her grandson's vehicle. She ordered a 49 cent coffee at the McDonald's drive through, and was attempting to open the coffee to add cream and sugar while the car was not moving, when...
- Bob Carroll | July 05, 2006 12:38 PM |
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Head & Brain InjuriesTeenage drinking has become an even worse concern for the health of teenagers. Medical research now shows it causes serious neurological problems in the developing brain. Excerpts from the New York Times report: Teenagers have been drinking alcohol for centuries.Public health experts regularly warn that teenage drinkers run greatly increased risks of involvement in car accidents, fights and...
- Bob Carroll | July 05, 2006 10:35 AM |
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MiscellaneousThe information superhighway may have opened a new express lane for court documents in the State of Florida. The Miami Herald carries the story.Web access to records easedFlorida's high court loosened privacy restrictions on court records, allowing the public to access certain court documents online.Administrative orders released Monday from the Florida Supreme Court will allow the public to...
- Bob Carroll | July 05, 2006 9:00 AM |
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Defective & Dangerous ProductsOver at TortsProf Blog there is a mention of fireworks and InjuryBoard in the same short article. I am pleased to be associated with a national network of injury lawyers - InjuryBoard.com - with expertise in just about every type of claim on behalf of the wrongfully injured.I should also mention that TortsProf Blog provides an overview of the entire Torts field of law. Well worth a visit from...
- Bob Carroll | July 04, 2006 6:27 AM |
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MiscellaneousAmerica - The land of the free, and the home of the brave. On Independence Day we need to remember: freedom to know, to read, to think, to speak, to write, to criticize, and to vote are the reasons our founding fathers fought the Revolutionary War. Their bravery would be a tragic waste if we ever abandon our freedom in order to be secure. Should America become the home of the totally secure?...
- Bob Carroll | July 03, 2006 6:51 AM |
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MiscellaneousEarly physical therapy may improve outcomes of subacute back pain - that is the finding of a Swedish study according to a medical article in the July/August issue of The Clinical Journal of Pain. (Clin J Pain. 2006;22:505-511)For patients with subacute low back pain, providing early access to physical therapy leads to reduced pain at 6-month follow-up.At 6 months, median reduction in pain...
- Bob Carroll | July 02, 2006 7:13 AM |
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Motorcycle AccidentsPay a visit to this article posted at Where's The Outrage before you jump on your motorcycle. In the full article the trauma surgeon author includes some specific medical case stories and a helpful list of steps to take to reduce the risk of serious injury or death.Don't Underestimate the dangers of MotorcyclesOver the last couple of weeks there's been a lot of discussion about motorcycles and...
- Bob Carroll | July 02, 2006 6:32 AM |
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MiscellaneousGreat news for coffee drinkers...and Starbucks.A newly released medical study says drinking coffee appears to reduce the risk of Type 2 diabetes. (Arch Intern Med 2006;166:1311-1316) Consumption of coffee, particularly the decaffeinated variety, is associated with a reduced risk of type 2 diabetes, according to a report in the Archives of Internal Medicine for June 26.The present study is not...
- Bob Carroll | July 02, 2006 6:15 AM |
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MiscellaneousFrom The CardioBlog comes news of another risk of using a cell phone. Of course, standing outside in a thunderstorm was never a really good idea in the first place. Lightning strike cell phone warningA new warning has been issued against cell phone usage outdoors during a thunderstorm. The warning was released after the British report of a 15-year-old girl who suffered various injuries from...
- Bob Carroll | July 02, 2006 5:49 AM |
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MiscellaneousDuring the process of selecting a jury for a trial the attorneys and the judge ask potential jurors questions. The questioning is called voir dire (which means to speak the truth). When potential jurors conceal facts by not truthfully responding to questions they deprive the attorneys of important information that could have been used in evaluating the propriety of their sitting as impartial...