Posts tagged Governmental Liability

• Heparin Finger Pointing Has Already Started

  Brenda Fulmer | March 06, 2008 8:01 AM | 0 CommentsTampa Bay, FL Category: Defective & Dangerous Products
  

  "A series of independent assessments, inlcuding one by the agency's own Science Board, have found that the F.D.A. is increasingly overwhelmed by its many responsibilties and is incapable of protecting the public from unsafe drugs, medical devices and food - particularly from China." While the Food & Drug Administration continues its investigation into contaminated Heparin blood thinner...

• Tobacco Manufacturer Moving Overseas to Avoid Regulation

  Brenda Fulmer | September 10, 2007 9:28 AM | 0 CommentsTampa Bay, FL Category: Defective & Dangerous Products
  

  On August 30, 2007, Altria Group announced that it was spinning off Philip Morris International and will be moving that division to Lausanne, Switzerland. Philip Morris USA will remain a division of Altria. Big Tobacco is facing a backlash in the United States from consumers and regulators who are fed up with renegade marketing and sales tactics to expand its market as the cigarette...

• Arrest Causes Miscarriage

  Bob Carroll | February 01, 2007 5:46 AM | 0 CommentsTampa Bay, FL Category: Wrongful Death
  

  Police 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...

• The Hidden Defibrillator That Could Have Saved A Child's Life

  Bob Carroll | February 01, 2007 5:30 AM | 0 CommentsTampa Bay, FL Category: Wrongful Death
  

  What 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...

• Medical Licensing Board Should Be Held Accountable

  Bob Carroll | October 26, 2006 7:05 AM | 0 CommentsTampa Bay, FL Category: Medical Malpractice
  

  A doctor who allegedly left California and Florida because of licensing problems obtained a license to practice medicine in Montana. Only months later a patient may have died because the doctor failed to order certain tests. The family of the deceased is seeking the right to sue Montana's licensing board. Based on the facts outlined in this news report, I think a jury should be permitted to...

• What Inflation Has Done To Damage Caps Over The Years

  Bob Carroll | September 29, 2006 5:15 AM | 0 CommentsTampa Bay, FL Category: Medical Malpractice
  

  The 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...

• A Safety Net Of Certified Athletic Trainers

  Bob Carroll | August 31, 2006 2:00 PM | 0 CommentsTampa Bay, FL Category: Miscellaneous
  

  According to a report in the St. Petersburg Times Certified Athletic Trainers are set to become the latest safety improvement in athletic events and practices at Tampa Bay area high schools. Over the years I have investigated numerous injuries and some deaths occurring during physical education classes, team practices and events. In some instances it was obvious that delay in obtaining...

• County Jail Ignores Inmate Seizures

  Bob Carroll | August 03, 2006 6:06 AM | 0 CommentsTampa Bay, FL Category: Medical Malpractice
  

  In Florida and throughout the U.S., jails have a legal obligation to provide reasonable and necessary medical care to inmates. Having someone in custody means the jail is in charge of that person and responsible for his wellbeing during the period of confinement. Sometimes jailers forget about this or ignore physical complaints. Sometimes there are horrible consequences.Family of inmate in...

• The Big Dig Defect Was No Secret

  Bob Carroll | July 13, 2006 7:03 AM | 0 CommentsTampa Bay, FL Category: 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...

• Poor Care Given To Beating Victim Assumed To Be Drunk

  Bob Carroll | June 16, 2006 10:10 PM | 0 CommentsTampa Bay, FL Category: Head & Brain Injuries
  

  The New York Times reports on the terribly deficient emergency services and medical care received by a retired journalist who, after a severe beating, was assumed to be just a drunk lying on a sidewalk. I am not surprised that the assumption of drunkenness impacted the attention given to the victim. Over my years of practice I have noted the same attitude toward other unconscious or...