- Bob Carroll | September 30, 2006 5:48 AM |
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Automobile AccidentsMotorists will have a new requirement starting tomorrow. They will have to provide at least three feet of clearance as they pass bicyclists. Having been a bicyclist who has been passed at 60 mph with only about two to three feet of clearance I can say even more than three feet would be a better rule, especially at high speeds. New state law intended to prevent car-bike crashesA new state law...
- Bob Carroll | September 29, 2006 5:52 AM |
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Medical MalpracticeConsenting to surgery recommended by a doctor is an important step. It should be what is called an informed consent. In order to be informed Medicine on the Net has provided questions to ask the surgeon. The questions are listed below along with one of the expanded categories. I suggest a visit to this webpage before visiting the surgeon. Surgery Questions To Ask Your Surgeon*What is the...
- Bob Carroll | September 29, 2006 5:37 AM |
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Medical MalpracticeEverybody knows the push behind Amendment 3 to severely limit the fees lawyers can charge in Florida in medical malpractice claims was an effort to restrict the rights of victims to seek justice. Only a banana could have believed the medical profession was just doing a good deed for malpractice victims.The Florida Supreme Court has now done the right thing and ruled clients may waive their...
- Bob Carroll | September 29, 2006 5:15 AM |
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Medical MalpracticeThe Associated Press reports that a Louisiana Appeals Court has observed the obvious - a $500,000 cap on medical malpractice damages established in 1975 has been impacted by inflation in the intervening years. In 2006, the cap is actually worth only $160,000 which, by the way, the Court feels no longer is fair.Maybe we should ask the Louisiana Court to do some calculating on the Florida cap on...
- Bob Carroll | September 28, 2006 9:32 PM |
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Automobile AccidentsPedal error sounds so minor and innocent that it seems hard to punish someone who experienced it. That is, until you realize it probably killed 10 people in California. Lawyer: Deadly farmers market crash was case of 'pedal error' LOS ANGELES - Witnesses told police they heard the engine of George Russell Weller's car revving as he sped through the crowded Santa Monica Farmers Market, running...
- Bob Carroll | September 28, 2006 9:15 PM |
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Automobile AccidentsTampaBays10 is reporting that a collision between two pleasure boats has injured eight adults in Venice.Accidents on the water are often more difficult to investigate because the forensic evidence that is common in a roadway after a motor vehicle crash is not available. For example, skidmarks on the pavement just aren't there. Nevertheless, maritime accident experts are available to piece...
- Bob Carroll | September 28, 2006 6:26 AM |
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MiscellaneousCollege campuses should not be centers of hazing. I applaud the Tallahassee prosecutor who is doing his part to end the practice in our state.The Associated Press has the story:Trial Puts Fla. Anti-Hazing Law to TestTALLAHASSEE, Fla. --In the first major courtroom test of the state's anti-hazing law, a prosecutor Wednesday described for jurors how an aspiring Florida A&M University fraternity...
- Bob Carroll | September 27, 2006 7:59 PM |
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Workplace InjuriesMy Workplace Safety headlines the serious injuries and deaths which are related to forklifts on work sites. Forklifts and Warehouses: a dangerous combination in the WorkplaceEach year in the United States, nearly 100 workers are killed and another 20,000 are seriously injured in forklift-related incidents.Most forklift related fatalities occur when a worker is crushed by a forklift that has...
- Bob Carroll | September 27, 2006 3:31 AM |
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Workplace InjuriesI am an attorney old enough to know that for more than 30 years the rights and benefits of workers under workers' compensation in the State of Florida have steadily declined. The question is, how long can we continue to call the system fair? Now we have a report brought to our attention by Confined Space which details the failure of workers' compensation throughout the entire country.Workers...
- Bob Carroll | September 26, 2006 2:28 PM |
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Medical MalpracticeThere are definite breakdowns in the diagnostic process in emergency rooms that can cause serious injury and death. The National Library of Medicine has posted an abstract of a recent medical journal article detailing the nature of the breakdowns. The news is not good. Missed and Delayed Diagnoses in the Emergency Department: A Study of Closed Malpractice Claims From 4 Liability Insurers. ...
- Bob Carroll | September 26, 2006 11:27 AM |
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Workplace InjuriesHow many times do construction workers have to fall to their deaths before proper guardrails or other barriers are put in place? The St. Petersburg Times reports another worker has died after a fall of some 10 stories.Construction worker dies in 10-story fall off liftA construction worker fell to his death Monday morning from the 10th floor of a condominium complex.Howard Theriot, 31, of St....
- Bob Carroll | September 25, 2006 11:51 AM |
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MiscellaneousIn Florida baloney is not a legal term.First District: You Can't Say That If you are thinking about filing -- or if a client, a colleague, or anyone else encourages you to file -- an appellate brief that uses grandiose insulting characterizations of the proceeding below, the opposition's position, or the opposition's attorneys, stop. Don't do it. Instead, break out a copy of this order.The case...
- Bob Carroll | September 21, 2006 6:57 AM |
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Automobile AccidentsI am a grandparent who is once again bringing a new baby into my home. I appreciate the detailed list of safety items provided by Baby Mozart, including Ensure that your crib meets national safety standards. Secure unsteady furnishings. (Dangerously defective cribs and furniture tip-overs are real hazards for infants and toddlers - I have handled the claims arising from these situations and...
- Bob Carroll | September 21, 2006 6:33 AM |
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Medical MalpracticeI wasn't very far into my legal career when I realized that some of the medical errors I was reviewing seemed to be repeat performances of earlier errors by the same provider or, at least, by other providers in the same medical community. Administering an adult dose of Heparin to an infant is the type of error that should only happen once in the history of a hospital. But, here we have the...
- Bob Carroll | September 19, 2006 1:31 PM |
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Defective & Dangerous ProductsThe Florida Supreme Court has issued an opinion in the Engle case holding that cigarette smoking causes or substantially aggravates the following medical conditions:aortic aneurysm, bladder cancer, cerebrovascular disease, cervical cancer, chronic obstructive pulmonary disease, coronary heart disease, esophageal cancer, kidney cancer, laryngeal cancer, lung cancer (specifically, adenocarinoma,...
- Bob Carroll | September 19, 2006 11:15 AM |
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Medical MalpracticeThere are few injuries more devastating than a brain injury inflicted upon a newborn. In this reported settlement the child is unable to walk, talk or eat on his own. Personally, although there were probably good reasons for the settlement at $5 Million, the lifetime of expense and suffering would justify millions more in compensation. $5 million settlement in suit over brain-damaged boyBOSTON...
- Bob Carroll | September 19, 2006 10:19 AM |
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Automobile AccidentsMarc J. Yacht, in a St. Petersburg Times Guest Column today, lists numerous ways adults can protect school age children from injuries. The article is well worth a read. Thank you, Marc and The Times for the reminders for us adults. Adult supervision prevents many childhood injuriesTeachers have returned, students are back. Welcome to school year 2006-2007.Safety issues may prove challenging,...
- Bob Carroll | September 19, 2006 7:29 AM |
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MiscellaneousOut of the West comes a book from a modern gunslinger for liberty and justice.Gerry Spence: Bravery PersonifiedGerry Spence is one of America's finest trial lawyers, a professional of incredible passion, eloquence, conviction and courage. His newest book, titled Bloodthirsty Bitches and Pious Pimps of Power, is a welcome rebuttal against the conservative extremists who seek to demean the legal...
- Bob Carroll | September 19, 2006 3:16 AM |
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MiscellaneousBlue Cross of California provides the latest evidence that trial lawyers serve as a valuable line of protection for the average citizen faced with insurance company misconduct. Tort Deform has the story - here are some excerpts:Do You Have a Blue Cross Scorched Earth Policy?For some time I have been following the corrupt business practices of Blue Cross of California and writing about what I...
- Bob Carroll | September 18, 2006 4:41 PM |
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Defective & Dangerous ProductsThe U.S. Consumer Product Safety Commission is now alerting us to another potential fire source in our offices. This time it is the copiers, not the computer batteries, that are igniting. Certain Canon copiers are being voluntarily recalled by the manufacturer and the CPSC.WASHINGTON, D.C. - The U.S. Consumer Product Safety Commission, in cooperation with the firm named below, today announced...
- Bob Carroll | September 18, 2006 5:24 AM |
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Medical MalpracticeSeptember 24 is World Heart Day. Make it your day to begin a longer, more healthy life. "How Young Is Your Heart?" World Heart Day, Sunday 24 September 2006Controlling major risk factors such as physical inactivity, an unhealthy diet and tobacco use could prevent 80% of heart disease and stroke and help keep the heart healthy. This is why this year's World Heart Day campaign asks: "How Young is...
- Bob Carroll | September 18, 2006 4:58 AM |
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Workplace InjuriesThe list of workplace deaths in the past week compiled at Confined Space underscore the need for greater attention to safety. And, sadly, features a number of Florida incidents. A sampling of the list: Weekly Toll: Death In The American WorkplaceAttendant dies after struggle with maximum security patientCHATTAHOOCHEE, Fla. - An attendant at the state's largest mental hospital collapsed and...
- Bob Carroll | September 17, 2006 8:01 PM |
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FDA & Prescription DrugsCan anyone tell me why the adult dose and the infant dose of Heparin would be packaged similarly? Pharmacies have enough trouble with drugs having similar names. For example, Topamax is confused with Toprol. I would think good practice would require the packaging of adult and infant doses of any medication to be as distinct as possible. But, that is just the opinion of an attorney who has...
- Bob Carroll | September 16, 2006 10:53 AM |
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Defective & Dangerous ProductsWhen a battery for your CD player fails the worst thing you expect is that you have to replace it with one that works. In this report of a recently filed lawsuit the Panasonic battery exploded and injured a minor. It appears that this product could be described as unreasonably dangerous. Lawsuit cites burst batteryA Jeanerette woman is suing the Panasonic Corp. for injuries she claims her son...
- Bob Carroll | September 16, 2006 7:29 AM |
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Automobile AccidentsBicycling fatalities have risen almost 25 percent nationwide since 2003, according to 2005 data from the National Highway Traffic Safety Administration.Florida figures mirror the national findings with a 23 percent increase in bicycling fatalities from 2003 to 2005. Last year's 124 bicycling deaths in the state were the fourth-highest over a 30-year period, the NHTSA reported.Starting Oct. 1, a...
- Bob Carroll | September 16, 2006 4:24 AM |
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Property Owner's Liability (Slip & Fall)"I'm not a chemical engineer, but I did sleep at a Holiday Inn Express last night."One Holiday Inn Express wishes it had hosted a chemical engineer on April 9,2004.Jury awards $650,000 in chlorine leak case A Mason County jury, in a 21-page verdict, on Thursday awarded nearly $650,000 total to five plaintiffs who said they suffered physical and mental damages after a chlorine leak at the...
- Bob Carroll | September 16, 2006 3:43 AM |
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MiscellaneousThe Miami Herald reports that a Miami judge has flattened the 70 foot rogue wave that stuck a cruise ship from class-action status to individual lawsuits. While it is true that each of the passengers would have unique injuries or losses, it appears that all of the potential claims would have the same liability issues to litigate. One advantage of a class action approach to the cases would be...
- Bob Carroll | September 15, 2006 3:50 PM |
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Defective & Dangerous ProductsA tip of the hat to John Hopkins, a fellow InjuryBoard.com blogger from West Palm Beach, for his post on why Big Tobacco uses Light to market many of its products.Light Cigarettes Sound Better--and That's What Tobacco was Going For!Smokers came to know that smoking was not good for them, but Big Tobacco had an answer for them: "light cigarettes". Lower in tar; lower in nicotine; keep on...
- Bob Carroll | September 15, 2006 3:25 PM |
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Medical MalpracticeIf you suspect you are having a heart attack and plan to go to an emergency room the better plan may be to call 911. Why do I say this? Calling 911 virtually assures you will receive prompt emergency attention by EMT's or paramedics at your location and then be transported quickly and safely to the emergency room where you will likely be wheeled immediately into the presence of a physician who...
- Bob Carroll | September 15, 2006 8:03 AM |
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Wrongful DeathBalloons and children. They seem to attract each other. There is a need for special care, however.According to the Consumer Product Safety Commission, inhaling an uninflated balloon or pieces of a broken balloon is one of the leading causes of child suffocation death. KidSafe brings us this warning about the unique dangers of balloons and children. A small child can accidentally suck a balloon...
- Bob Carroll | September 15, 2006 7:11 AM |
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Defective & Dangerous ProductsAll of our mothers told us to eat our spinach. But, now is not the time. One Dead, 50 Sick in US E. Coli Outbreak Traced To Bagged SpinachA Wisconsin resident died and at least 50 people in eight other US states are ill as a result of an E. coli outbreak that has been traced to fresh bagged spinach. The Food and Drug Administration issued an alert on Wednesday.Dr. David Acheson of the Center...
- Bob Carroll | September 14, 2006 9:06 PM |
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Defective & Dangerous ProductsSegway Personal Transporters were supposed to usher in a new way to get from spot to spot. It appears that one of the spots may be nearest Emergency Room.Segway Recalls 23,500 TransportersSegway is recalling about 23,000 of its Personal Transporters. The company said the transporter can unexpectedly apply reverse torque to the wheels, which can cause a rider to fall. This can occur when the...
- Bob Carroll | September 14, 2006 7:12 AM |
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MiscellaneousToday I give you a teaser. You'll need to visit Evan Schaeffer's Legal Underground to get the rest of this story and discover the two blogs he describes. LITIGATION AND POLITICS: THE YIN AND YANG OF THE WEBLOGS Would you like to be introduced to two litigation-and-politics weblogs you've probably never heard of? They're such opposites, you might call them the yin and yang of...
- Bob Carroll | September 14, 2006 7:00 AM |
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Wrongful DeathAmusement park rides can be exciting. But, if not properly inspected and maintained, they can cause serious injury or death. In this sad story from Boston a 25 year old ride broke apart because it was in poor repair.Family of fair accident victim files wrongful death suitBOSTON-- The family of a Shrewsbury man who died after being thrown from a carnival ride at a church fair nearly two years...
- Bob Carroll | September 13, 2006 5:50 AM |
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MiscellaneousWe have been spared severe weather for the first half of the hurricane season. But, it is still likely one or more major storms will visit Tampa Bay. With that in mind, the following safety items:Weather Related Electrical Safety Tips* If power goes out, unplug such major electrical appliances as refrigerators, freezers and washing machines to avoid both electrocution and the potential for a...
- Bob Carroll | September 12, 2006 4:09 PM |
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Defective & Dangerous ProductsWhen does an implantable defibrillator manufacturer have an obligation to inform patients and doctors of a defect? I respectfully suggest the answer is as soon as the defect is determined to exist and known to present a risk to the patient. In this report of defective defibrillators the manufacturer apparently decided otherwise.Defective Guidant Defibrillators Continue to Haunt Boston...
- Bob Carroll | September 12, 2006 10:48 AM |
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Defective & Dangerous ProductsOnce again the U.S. Consumer Product Safety Commission has issued a warning about the Furniture Tip-Over dangers that are causing the deaths of young children. In the last Tip-Over case I resolved I learned that some manufacturers are still not providing strong warnings or safety devices. Telling a purchaser not to put more than 10 pounds in each drawer of a dresser does not amount to a...
- Bob Carroll | September 12, 2006 5:59 AM |
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Medical Malpractice"Sudden cardiac death" often isn't all that sudden, and lives can be saved by training people about the symptoms of impending cardiac arrest and what action to take, a German study shows. The study is reported by Forbes.Early Symptoms Can Warn of Sudden Cardiac DeathEarly recognition of the symptoms and prompt medical attention can be a lifesaver."A study of 406 sudden cardiac death patients...
- Bob Carroll | September 11, 2006 2:16 PM |
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Medical MalpracticeI am asked frequently to review medical records to determine if a breach of the medical standard of care (medical malpractice) has occurred. Sometimes I am told that a particular doctor is the likely bad guy and that Dr. Super Nice Fellow is definitely not a logical target because, well, he is a super nice fellow.Unfortunately, not every super nice fellow practices good medicine. Patient...
- Bob Carroll | September 11, 2006 1:52 PM |
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MiscellaneousIn 1992 Stella Liebeck became the poster child of "frivolous" lawsuits when she sued McDonald's after spilling hot coffee on herself while in a car after stopping at a McDonald's drive-through.Tort Deform provides a provocative title for its well-written debunking of the myth of the McDonald's coffee spill case.Why You Should be Able to Sue McDonald's if You Spill Coffee on YourselfWhile you are...
- Bob Carroll | September 11, 2006 7:41 AM |
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Medical MalpracticeYoung female athletes are suffering knee injuries which could be avoided with special conditioning and awareness.Adolescent Girl Athletes More Likely To Injure Knees Than BoysAdolescent girl athletes are as much as eight times more likely to injure their knee's anterior cruciate ligament (ACL) than their male counterparts, according to a recent study led by Morgan Stanley Children's Hospital of...
- Bob Carroll | September 11, 2006 7:12 AM |
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MiscellaneousWe have to recognize that when the right wing says "tort reform," what they really mean is destruction of the civil justice system. According to Professor George Lakoff the rest of society must respond to preserve the system.George Lakoff Discusses "Tort Reform"Lakoff: Plaintiffs are and should be portrayed as courageous souls. After having suffered harm at the hands of the defendant, they...
- Bob Carroll | September 10, 2006 5:37 AM |
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Workplace InjuriesGround Zero will be remembered with many images, news stories, events and editorials as we approach its 5th anniversary. One news item should not be necessary. According to Medical News Today our government, in the tradition of its Katrina response, did not provide a clear warning to the responders and the public about the dangers in the air. As a result, 70% of the responders have developed...
- Bob Carroll | September 09, 2006 6:30 AM |
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MiscellaneousWith this weekend likely to include much about the 5 year anniversary of 9-11 there are special concerns about the emotional impact of the images upon children. This warning from the West Coast is appreciated.Be careful how much 9/11 coverage your kids watchFor anyone watching television five years ago Monday, the images were shocking and deeply disturbing. Seeing them again as the anniversary...
- Bob Carroll | September 08, 2006 9:26 PM |
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MiscellaneousFinally, there is an article from The Conservative Voice I can applaud. Diane Grassi is ready to reel in [regulate] a property insurance industry poised to destroy communities nationwide with cancellations and outrageous premium increases. Diane needs to visit with Florida homeowners who are already in shock over these supposedly justifiable steps. The reeling in needed to start about 6...
- Bob Carroll | September 08, 2006 9:20 AM |
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Defective & Dangerous ProductsLegal Radar has a post about an unusual defect in a critically important product. Apparently, this protective vest would not have fared well in the Florida climate. You might ask the question, how could a manufacturer send this out into the marketplace?Police Officer's Family Awarded $ 3.6 Million for Defective Bullet-Resistant VestA wrongful death suit was filed...against Second Chance Body...
- Bob Carroll | September 08, 2006 6:16 AM |
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Defective & Dangerous ProductsTwo important reminders about smoking and tobacco -For those who believe that smoking has caused a disease, condition or death time is running out on your right to file an individual tobacco lawsuit in the State of Florida. You must act immediately. You should contact my firm or any other law firm in the State of Florida handling these claims. For those who are blessed with that most precious...
- Bob Carroll | September 08, 2006 5:53 AM |
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FDA & Prescription DrugsDrugmakers need an incentive to study safety after products hit the market - Marsha N. Cohen, The Washington Post. Her proposal is a limited-time drug licensure. It is a great idea!A License for Safer DrugsOur confidence has been shaken in recent years by revelations about risks emerging in such drugs as Vioxx, Ketek, Baycol and all the antidepressants. Each was licensed by the Food and Drug...
- Bob Carroll | September 07, 2006 4:47 AM |
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Medical MalpracticeHospital CEO's are fattening their wallets while physician and nurse income plummet and patient safety tanks. And, this report is only the "not-for-profit" hospitals in Boston. Can you imagine what is going on in the "for-profit" world? Massachusetts Hospital CEOs Cash In In Time to Heal, Kenneth Ludmerer traced the evolution, if that is the right word, of the academic medical center from a...
- Bob Carroll | September 06, 2006 5:21 PM |
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Workplace DiscriminationThe Chronicle Of Higher Education reports on the efforts of a community college to shame a jury for daring to award compensatory and punitive damages against it for its failure to protect an employee from the sexual advances of a campus police officer. The story does not detail the misconduct of the community college which supported the jury's verdict. I assume the college has courses on...
- Bob Carroll | September 06, 2006 4:24 PM |
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Medical MalpracticeLawyers aren't the only advocates in this world. There are others who have even a higher responsibility.Parents Must Be Advocates for Sick ChildrenInjuryBoard Blogger Justin Madden from Cleveland drives home a critical point. Parents must fight for the rights and welfare of their children, even if that means taking on a doctor or other health care provider who is conducting a cursory...
- Bob Carroll | September 06, 2006 3:17 PM |
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FDA & Prescription DrugsMaybe it is because Americans take so many prescription drugs, but serious drug reactions are costing us billions of dollars every year. The details are provided at Drug Injury Watch by Tom Lamb. Many of the reactions are the result of preventable errors in medical care. Can we correct these errors before they bankrupt our health care system?Extent Of Serious Adverse Drug Reactions In The...
- Bob Carroll | September 06, 2006 1:36 AM |
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Wrongful DeathFellow InjuryBoard blogger, Paul Kiesel from Los Angeles, posts a timely reminder about the dangers of backyard pools.Child Drowns in Swimming PoolAs summer winds down, many people are having those last backyard picnics and pool parties. Tragedy struck in Orange County this weekend when a five year old drowned in a backyard pool. Children can drown within a few minutes, so it's always important...
- Bob Carroll | September 06, 2006 1:18 AM |
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Workplace DiscriminationA woman filed a $1 million plus lawsuit against La-z-Boy, Inc., last week in U. S. District Court for the Western District of Missouri.Lori Ann Adams claims La-Z-Boy officials violated her rights under the federal Family and Medical Leave Act by firing her on Sept. 2, 2004. She says she suffered more than $300,000 in actual damages for lost wages, benefits, "diminished future earning capacity,...
- Bob Carroll | September 05, 2006 8:37 PM |
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MiscellaneousFear of death is often irrational.SixWise.com provides a list of some of those common, yet unfounded, causes of death that are most feared ... yet least likely to occur. At the end of the article the most common causes of death are listed. Most of these causes stem from our own, modifiable behaviors.Airplane crashes: Some 30 million Americans describe themselves as "anxious" flyers. What makes...
- Bob Carroll | September 05, 2006 10:09 AM |
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Defective & Dangerous ProductsHot photos may be OK, but a hot camera is not a great idea.U.S. Consumer Product Safety Commission has announced an expanded voluntary recall of certain Olympus cameras.Olympus Expands March Recall of Overheating Infinity Film CamerasName of Product: Various Olympus-Brand 35mm Film CamerasUnits: About 1.2 million (24,000 additional cameras)Manufacturer: Olympus America Inc., of Melville,...
- Bob Carroll | September 04, 2006 2:31 PM |
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MiscellaneousMemories of my F.B.I. training at Quantico, VA, returned after reading this story posted at TampaBays10.com:Sportsmen shoot up cars with machine gunBrooksville, Florida - How would you like to destroy a bunch of cars with a machine gun?Members from the Hernando Sportsmen Club shot up five cars and other targets with their machine guns today.If you're wondering about the types of people who enjoy...
- Bob Carroll | September 04, 2006 8:41 AM |
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Medical MalpracticeA misfilled prescription has caused the death of a 2-year-old child in Texas. The parents have turned to our civil justice system and to a billboard company as part of their effort to prevent future such tragedies. From The Brownsville Herald article: Toddler's death prompts public messageAs the rolling billboard remained momentarily idle on East Van Buren Street Friday afternoon, motorists...
- Bob Carroll | September 04, 2006 8:13 AM |
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Workplace InjuriesOn Labor Day we should pause to realize how many workers in the U.S. die each week performing their duties, providing needed services, building our homes, transporting our goods, supporting their families and chasing the American Dream. Confined Space provides a listing of the weekly death toll for us to review.Weekly Toll: Death In The American WorkplaceTree service worker dies as saw taps...
- Bob Carroll | September 03, 2006 5:41 AM |
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Medical MalpracticeIn the selection of a surgeon, gray hair may not make any difference. Surgeon Age Not A Factor In OutcomeInvestigators are reporting in the September issue of Annals of Surgery that for most procedures the age of the surgeon does not impact patient outcomes.ModernHealthCare.com gives more of the details:A surgeon's experience is more relevant to patient outcomes than the surgeon's age,...
- Bob Carroll | September 03, 2006 5:14 AM |
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Motorcycle AccidentsThe World Health Organization has a message for those who are still not using motorcycle helmets.Increasing Helmet Use Promoted As An Effective Method Of Reducing Road Injuries And DeathsEach year about 1.2 million people die as a result of road traffic crashes, and millions more are injured or disabled. Most of the deaths are preventable.Head injuries are the main cause of death and disability...
- Bob Carroll | September 02, 2006 8:37 AM |
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Defective & Dangerous ProductsEvery year a "consulting firm" publishes its calculations of the cost of the civil justice system. And, every year the numbers get wilder and wilder. One day they may exceed the Gross National Product. Attorney Bruce Brothers, from Bend, Oregon and a Bulletin guest columnist, sets the record straight.Courts hold corporations accountableThe Bulletin recently published an In My View article by...
- Bob Carroll | September 02, 2006 8:11 AM |
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Workplace DiscriminationThe lawsuit was filed because of gender discrimination. The jury found there was none. But, it found the employer had retaliated against the employee for filing the suit. Result: a $150,000 verdict against the University of Florida. The Gainesville Sun has the details:Professor awarded $150K in suit vs. UFAfter nearly 10 hours of deliberation, a federal jury awarded a music professor...
- Bob Carroll | September 01, 2006 12:00 PM |
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MiscellaneousIt is fitting that Workers' Comp Insider would remind us to put a tribute to labor ahead of hamburgers on Labor Day Weekend.Remembering the "labor" in Labor DayIn all the long weekend holiday plans and back-to-school activities, the true meaning and the origin of Labor Day can be lost in the shuffle. The holiday celebrated on the first Monday in September "... is a creation of the labor movement...
- Bob Carroll | September 01, 2006 11:12 AM |
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MiscellaneousGrab your corn dog and head for the jury trial at the....State Fair? Kentucky's State Fair features a Trial By Jury exhibit right alongside the fastest horses in America. We could use a similar exhibit at the Tampa Fairgrounds. I even have a case to nominate for reenactment. Kentucky State Fairgoers Enlightened on Civil Justice SystemFor nearly twenty years at the Kentucky State Fair, KATA...
- Bob Carroll | September 01, 2006 7:16 AM |
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Medical MalpracticeMichael Myers, my fellow InjuryBoard.com blogger from Seattle, has posted a very clear explanation of pre-existing conditions. Pre-Existing Conditions--What Really Matters is How You Felt Before the AccidentClients often mention pre-existing conditions. They are concerned that things like degenerative disc disease may affect their recoveries. Insurance companies dwell on pre-existing...
- Bob Carroll | September 01, 2006 5:32 AM |
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Defective & Dangerous ProductsA Dead Man's Switch is designed to assure that a lawn tractor's blades will not rotate without an operator in the seat. The U.S. Consumer Product Safety Commission has announced a recall of certain John Deere lawn tractors because of a potential failure of this important safety feature.Deere & Company Recalls Lawn Tractors, Blade Could Operate While Mower UnattendedName of Product: John Deere...
- Bob Carroll | September 01, 2006 3:06 AM |
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Medical MalpracticePicture a graph that shows a sharply rising line representing persons living in severe poverty in the U.S. Superimpose over that graph another graph that depicts the failing health of those living in severe poverty. If you position these shameful graphs just right you can arrive at two conclusions:1 - The financial drain of providing health care to those living in severe poverty is going to...