- Bob Carroll | February 26, 2007 7:30 AM |
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Automobile AccidentsLaw blogger, Bob Kraft, provides us with something worth watching on television tonight. "Deny, Delay, Defend" -- Important Story On CNN TonightMonday night February 26, 2007, at 9:00 p.m., CNN will rebroadcast on Anderson Cooper 360 the results of the 18 month investigation into the insurance industry's hardball tactics regarding claims made on auto collisions.I wrote about these tactics in an...
- Bob Carroll | February 26, 2007 6:55 AM |
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MiscellaneousIt may be a good idea to put a fire extinguisher on your nightstand. THE BURNING BED--REVISITED[R]esearch shows that half of home fire fatalities occur between 10 PM and 6 AM, with most victims asleep at the time of the fire. Indeed, many homeowners seem well-versed on the dangers inherent in the kitchen, where high heat is used routinely and the garage, where many hazardous chemicals can be...
- Bob Carroll | February 23, 2007 8:20 AM |
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Automobile AccidentsI have lived in and around Clearwater since 1948. I have traveled to and from Clearwater Beach thousands of times. And, I have even been involved in an accident on one occasion. Over the years quite a few changes have been made to the causeway. This week, safety reflectors to better separate the east and west traffic lanes are being added. Reflectors added to Clearwater Memorial Causeway...
- Bob Carroll | February 23, 2007 7:58 AM |
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Medical MalpracticeEarlier this week I happened to eat at Dave & Buster's in Jacksonville, Florida. For those who have never been to a Dave & Buster's I need to tell you that there were more video games there than tables.Anyway, I watched (as I ate my Philly Cheesesteak Sandwich) in amazement as all kinds of gamers destroyed armies of beasts, demons, aliens and criminals. Little did I know that I was watching...
- Bob Carroll | February 21, 2007 5:15 AM |
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Automobile AccidentsOne advantage to practicing law in Florida for over 36 years is the perspective you have of automobile insurance in our state.Prior to 1972 the No-Fault system and coverage did not exist. The insurance industry in Florida and across the nation did not like that situation. It argued for the need to enact restrictions on the right to sue for damages as a result of an automobile accident and to...
- Bob Carroll | February 21, 2007 4:39 AM |
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Defective & Dangerous ProductsPlenty of peanut butter eaters think they may have experienced Salmonella poisoning after learning about the recent recall. Fellow InjuryBoard law blogger, Shannon Weidemann in Rhode Island, has helped us all by providing the symptoms of Salmonella poisoning.Know Symptoms of Salmonella Poisoning from Peanut ButterIt does mean that consumers should check the brand and product code of peanut...
- Bob Carroll | February 19, 2007 7:37 AM |
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FDA & Prescription DrugsA confusion of drug packaging appears to be responsible for the deaths of three infants.FDA and pharmaceutical company warns of drug mix-upThe FDA and Baxter International Inc. (a pharmaceutical company) are warning health care providers about mix-ups of two heparin products. These mix-ups recently resulted in the death of three infants. The deaths occurred when a higher dose of Heparin Sodium...
- Bob Carroll | February 19, 2007 6:55 AM |
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Defective & Dangerous ProductsToday we learn that there can be a serious safety hazard hidden in the nose of a toy bunny. Fisher-Price Recalls "Laugh and Learn" Bunny Toys Due to Choking HazardThe U.S. Consumer Product Safety Commission, in cooperation with the firm named below, today announced a voluntary recall of the following consumer product. Consumers should stop using recalled products immediately unless otherwise...
- Bob Carroll | February 19, 2007 6:40 AM |
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Workplace InjuriesWhen an employer decides to take unreasonable risks in order to save money, it is usually the employees who suffer the consequences. This Missouri Workers' Compensation decision shows how terrible those consequences can be. And, how unreasonable some employers can be in the pursuit of a little more profit."Exclusive Remedy" in the Tank: A Sad Missouri SagaEric Burns drove a cement truck for...
- Bob Carroll | February 15, 2007 6:30 AM |
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Automobile AccidentsJust trying to walk across the street in a crosswalk and with the traffic light should not make anyone a traffic fatality.Four-Year-Old Killed by Hummer Shouldn't Have Died in VainThe death of four-year-old James Jacaricce at the intersection of Third Avenue and Baltic Street in Brooklyn yesterday didn't make a huge splash in the news. But it should have. What were James and his 18-year-old...
- Bob Carroll | February 15, 2007 5:53 AM |
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Medical MalpracticeThe latest fad may not be the best medical treatment. But, what is the correct medical path to take?Surgeons cautious on hip surfacing techniqueSAN DIEGO (Reuters) - A relatively new technique to repair hips got a cautious reception at an annual meeting of U.S. orthopedic surgeons on Wednesday, with many doctors skeptical that the technology is ready for widespread use.Surgeons cut away a tiny...
- Bob Carroll | February 15, 2007 5:18 AM |
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Medical Malpractice"The fundamental problem with physician-owned specialty hospitals is that decision-making is more likely driven by financial interests rather than what is best for patients" These are not my words even though I have expressed this same thought many times. They come from a U.S. Senator, Chuck Grassley, who happens to be a Republican.Lawmakers Question CMS On Medicare Reimbursements To Texas...
- Bob Carroll | February 13, 2007 7:11 AM |
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Defective & Dangerous ProductsI have not yet had the first terrible ATV injury or death accident of 2007 appear in my Florida office. It won't be long, however, before my partners and I meet with a grieving family or a seriously injured All Terrain Vehicle operator or rider. Sometimes there is a lull during which it appears the manufacturers have done their jobs well and the operators have become more safety conscious. ...
- Bob Carroll | February 13, 2007 6:45 AM |
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Workplace InjuriesThe headline caught my attention. The World's Safest Table Saw Then, the brief article intrigued me. A table saw will slice your fingers off in a second if you're not paying attention. Saw Stop's ingenious system prevents the loss of fingers.But, the You Tube video linked to this article sealed the deal. Could this be the equivalent of the Dead Man's Switch on fork lifts and train engines? ...
- Bob Carroll | February 13, 2007 6:20 AM |
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Medical MalpracticePardon me while I doze off for awhile.Regular Midday Snoozes Tied to a Healthier Heart Taking a nap after lunch may be good for your heart. This splendid news arrived in the form of a study published Monday in The Archives of Internal Medicine. In a study of more than 23,000 Greek men and women ages 20 to 86, researchers found that napping at least three times a week for a half-hour was...
- Bob Carroll | February 13, 2007 6:02 AM |
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Defective & Dangerous ProductsI am the owner of two drug-eluding coronary stents. I keep them in one of my major blood vessels where they were placed in the fall of 2006. Two days after their installation the ongoing debate over their safety surfaced in the medical literature. The debate continues today according to this article:Drug-eluting Coronary Stents-A Wealth of Data and Little AgreementThe use of the stents in my...
- Bob Carroll | February 13, 2007 5:24 AM |
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MiscellaneousUnited Healthcare has decided the stick is mightier than the carrot. When you really, really want to keep your troops in line bring on the fines.One more reason to detest UnitedHealthMore evidence of their physician-unfriendly tactics. They are going to fine physicians who don't use their preferred lab service:In January, United, which has 2.1-million members in Florida and about 800,000 in the...
- Bob Carroll | February 09, 2007 10:44 AM |
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Property Owner's Liability (Slip & Fall)My wife thinks I am crazy because I keep pointing out to restaurants and other businesses the dangers of having pedestrians unnecessarily exposed to wayward automobiles at take-out or pick-up locations. My concern is that an entire group of diners waiting on benches in front of the spaces reserved for take-out parking will be crushed when the inevitable happens. Well, apparently, the...
- Bob Carroll | February 09, 2007 9:45 AM |
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MiscellaneousWinning and losing cases is the lot of trial lawyers. We have our unbelievable wins and our equally unbelievable losses. The feelings of an experienced trial lawyer are expressed at Albany Lawyer in his post, Why it's hard to be a trial lawyer.I can only add that losing hurts more when it happens before a case can be decided by a jury. The derailment of a personal injury claim by the entry of...
- Bob Carroll | February 08, 2007 6:49 AM |
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Property Owner's Liability (Slip & Fall)See if you have the same question I do after reading this amazing story:Woman's car plunges 40 feetBILOXI - A Vancleave woman is thankful to be alive after plunging from the second story of a parking garage in her car. It happened at the Beau Rivage Resort and Casino in Biloxi."The impact spun her vehicle around and she backed through the wall and flipped over and landed about 40 feet down,"...
- Bob Carroll | February 08, 2007 6:24 AM |
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Medical MalpracticeA failure to diagnose and treat pneumonia caused a softball-sized hole in a lung and the death of a Rhode Island woman.The ER doctor missed the signs of bacterial infection and sent the patient home without any treatment.Family awarded $21.5 million in malpractice casePROVIDENCE -- A jury on Tuesday awarded $21.5 million to the family of a Newport woman, concluding that the 34-year-old mother of...
- Bob Carroll | February 07, 2007 10:00 PM |
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Medical MalpracticeThe hidden camera was used in Canada, but the dirty hands it recorded may explain why we have so many hospital infections in the United States. Camera captures lack of hygiene in hospitalsA hidden camera investigation by CBC News: Marketplace shows why many people get sicker in hospital.Up to 250,000 Canadians end up with an infection from a hospital stay every year, and the infections kill...
- Bob Carroll | February 07, 2007 7:05 PM |
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Workplace DiscriminationThe nonpayment of overtime wages of sales reps - Act Two following the nonpayment of overtime wages of installation workers. Does anyone see a pattern at IBM? Could the maintenance workers file the next overtime lawsuit?IBM Hit With Overtime SuitIBM Corp. has been hit with another proposed class action lawsuit that accuses the computer giant of intentionally misclassifying its sales...
- Bob Carroll | February 06, 2007 7:00 AM |
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Medical MalpracticeDoes it matter where you go for your organ transplant? You bet it does!CMS Notifies Four Transplant Programs Of Potential Funding LossCMS has notified four additional heart transplant programs that they might lose Medicare funding because they failed to meet minimum agency standards for the number of procedures performed annually, the Los Angeles Times reports (Weber/Ornstein, Los Angeles...
- Bob Carroll | February 06, 2007 5:52 AM |
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Automobile AccidentsThe New York Times is running with a story today that should be read by all parents of teenagers.For Teenagers, the Car Is the Danger Zone Parents of teenagers worry about lots of things: drugs, sex, poor choices of friends. But the activity that causes the most harm to older teenagers is none of the above.Motor vehicle crashes are the leading cause of death for 16- to 20-year-olds, with about...
- Bob Carroll | February 06, 2007 4:46 AM |
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Workplace InjuriesToday you can be a Health & Safety Executive. That's the name of a British website dealing with the full range of health and safety concerns in the employment world. One example of the depth and focus of the website is Illustrated case studiesHealth & Safety Executive (HSE) has put together some 'before-and-after' examples to help you think and talk about vehicle safety in your workplace and...
- Bob Carroll | February 04, 2007 11:12 AM |
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Workplace DiscriminationEmployment discrimination charges increased in 2006. Is it because more victims are saying "I'm not going to take it anymore"? Or, more employers are ignoring the law? Or, the EEOC is becoming more aggressive? No matter the cause, it is obvious discrimination in the workplace continues in America. And, Florida is not an island of equality in a sea of discrimination.EEOC Discrimination...
- Bob Carroll | February 04, 2007 7:54 AM |
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MiscellaneousWhen a surgeon bills one of my injured clients $75,000 or more for a single surgical procedure, several things happen, not necessarily in this sequence:1. I regret my decision to attend law school rather than medical school.2. I wonder if there has been a typo on the bill.3. Any group health insurance company to whom the bill is submitted immediately pulls out its microscope and chopping...
- Bob Carroll | February 04, 2007 4:03 AM |
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Property Owner's Liability (Slip & Fall)Sometimes I marvel at the dangerous conditions and practices at certain businesses and how they continue for years without anyone pausing to say, "This is really not safe." A good example is this recent Florida Appeals Court Decision.JANE IZQUIERDO v. GYROSCOPE, INC.The appellant, Jane Izquierdo, filed a personal injury action alleging negligence by the defendant, Gyroscope, Inc., which owned...
- Bob Carroll | February 03, 2007 9:50 AM |
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MiscellaneousShould your personal injury claim be handled by a tall lawyer or one with a warm personality? Should he have a way with words? What law school should he have attended? I don't have a clue. And, I don't think it matters.What does matter (and it matters a lot) is what fellow InjuryBoard blogger from Vermont, Ed Van Dorn, discusses in his recent post.Personal Injury Firm's Track RecordWhen a...
- Bob Carroll | February 03, 2007 7:27 AM |
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MiscellaneousA Florida Appellate Court decision informs us that a reasonable careful person is not required to use the highest degree of care in regard to the safe storage of a firearm. Call me crazy, but I feel it would be certifiably unreasonable for anyone not to use the highest degree of care in safely storing a firearm. Why would we accept a lower or the lowest degree of care in dealing with a gun...
- Bob Carroll | February 01, 2007 6:53 AM |
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FDA & Prescription DrugsTo a drug manufacturer, having concerns about breast-cancer risks of Prempro in 1991 does not mean it had to do anything or tell anybody. To a jury in Pennsylvania the manufacturer's silence and inaction means the conduct was malicious, wanton, willful, or oppressive, or showed reckless indifference. Wyeth Loses Prempro SuitPharmaceutical giant Wyeth was ordered by a Pennsylvania state jury to...
- Bob Carroll | February 01, 2007 5:52 AM |
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MiscellaneousAllow me to utter a loud Amen to the words of Gov. Charlie Crist. Charlie has only been governor a fraction of the time (37 years) I have been making claims against insurance companies on behalf of injured persons. Yet, he has come to the conclusion that the insurance industry will take advantage of people. Charlie is a fast learner. And, the insurance industry is a bad actor.Fla. Gov. Crist...
- Bob Carroll | February 01, 2007 5:46 AM |
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Wrongful DeathPolice officers and jailers must hear a lot of excuses. But, some excuses should make them take notice. For example, a pregnant woman who claims to be bleeding and on the way to the hospital should not be ignored. Woman: Cops Ignored Pleas for Help at Arrest, Baby Died Next DayA woman whose premature baby died the day after she was arrested has sued the Kansas City Police Department and two...
- Bob Carroll | February 01, 2007 5:30 AM |
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Wrongful DeathWhat good is a first aid kit if nobody is trained to use it in an emergency? Worse, what good is it if kept hidden in a closet? A wrongful death lawsuit in Florida is asking similar questions about an automatic external defibrillator which could have saved a 12-year-old boy's life.Indian River County school district sued over boy's deathINDIAN RIVER COUNTY -- The parents of a 12-year-old boy...