| Gary T. Lazarus | 0 Comments | AUTO ACCIDENTS, Uncategorized

Tiger Woods Injured in Florida Auto Accident

On the day after Thanksgiving, commonly known as Black Friday for shoppers, both sports and news networks throughout Florida and the U.S. that Tiger Woods was involved in an auto accident. According to original reports, including report by WSVN Fox News in the Miami/Ft. Lauderdale area, Tiger Woods was seriously injured in an auto accident and taken to Health Central Hospital.

The crash occurred near Woods’ Windermere home when he pulled out of his driveway and hit a fire hydrant and tree with his Cadillac SUV, according to the Orlando Sentinel. The Florida Highway Patrol stated that the accident was not alcohol-related, although charges are pending.

 

 

Thankfully, further updates reported that the airbags in Woods’ vehicle did not deploy because the vehicle was traveling at less than 33 miles per hour. Furthermore, Woods was released from the hospital and it is likely that he only suffered facial lacerations. Spokespersons for Woods said that he was okay and in good condition.

Traditionally, we will see a noticeable increase in auto accidents during the holidays. Thanksgiving had the highest numbers of fatalities in Florida with 52 fatalities, almost half of which involved alcohol. This is likely due to the fact that Thanksgiving involves a longer weekend than New Year’s Eve or the Fourth of July and as it is a more family-oriented holiday, we see more travelers on the road. South Florida is particularly susceptible to increased accidents and traffic due to our warm weather throughout the winter.

While the story continues to develop, we wish Tiger Woods a speedy recovery and we urge that everyone drive safely and responsibly during the holidays.

| Gary T. Lazarus | 0 Comments | DEFECTIVE PRODUCTS, Uncategorized

Crib Recall due to Product Defect a Sign of the End of Drop-Side Cribs

This week, news has spread about the Consumer Product Safety Commission’s recall of over 2 million cribs manufactured by Canada-based Stork Craft Manufacturing because of a product defect. According to a report by Yahoo News, this is the largest recall of cribs in U.S. history.

Approximately 1.2 million of the cribs being recalled are in the U.S. and about 1 million cribs in Canada. So far, four infants have suffocated as a result of the defective cribs. South Florida parents should be concerned, as the cribs have been sold in major retail stores such as Sears and Walmart, and have been sold online through Costco and Target. The cribs affected by the product defects have been made and distributed between January 1993 and October 2009.

The defect occurs with the assembly of the product and the hardware itself, which can break or deform. Because parents often disassemble cribs and later reuse them for their other children, problems with hardware affects the reassembly and causes drop-sides to detach. The resulting space between the drop-side and the mattress can suffocate a child.

 

 

This recall, however, is just the tip of the iceberg for crib manufacturing. Over 5 million drop-side cribs have been recalled over the past two years, according to the Yahoo News report. CBS News also noted the problems with drop-side cribs, and that even the crib industry says that despite the convenience of the up-and-down side of the crib, the design of drop-side cribs do not meet safety standards.

Companies, states and groups are all taking action. Legislation in Suffolk County, N.Y. was passed banning cribs with sides that move up and down. Toys’R Us is no longer selling drop-side cribs, according to the CBS News report. AMS International, a group which sets voluntary industry safety standards for products, approved a standard requiring four non-movable sides for cribs.

We are thankful that the government, companies and groups are being proactive in solving this problem. However, consumers who have purchased these cribs must also take action. We urge anyone who believes that they have purchased one of these cribs to log on to Stock Craft’s website or contact Stock Craft at 877-274-0277 for more information and for a safety repair kit.

| Gary T. Lazarus | 0 Comments | DEFECTIVE PRODUCTS, Uncategorized

Problems with Defective Chinese Drywall Go Beyond the Surface

South Florida homeowners who have been victims of defective Chinese drywall which circulated throughout the country during the housing boom may have more worries ahead. According to the Sun Sentinel, the federal government has stated that there is a “strong association” between the drywall and pipe and wire corrosion.

The U.S. Consumer Product Safety Commission also stated that their continued investigation has found a possible link between sulfide gases emitted from the drywall and reported health problems by consumers. The CPSC, along with the EPA and the Center for Disease Control and Prevention, continue studying the effects of the drywall and said that it can now move ahead with further studies to find solutions to the problem and possible assistance from the federal government.

So far the CPSC has received over 2,000 complaints from homeowners in 32 states, with heavy concentration in Florida, and has spent over $3 million in studying the problem. Complaints by homeowners include not only the rotten-egg smell from the sulfur, but also sickness, corrosion of pipes, blackening of jewelry and damage to air conditioners.

WPBF Newschannel 5 in West Palm Beach also reported on this story, noting that Florida is one of the top five states with reported complaints about the drywall. If you believe that you have been affected by Chinese drywall, please call our office to discuss your potential claim for damages.

| Gary T. Lazarus | 0 Comments | AUTO ACCIDENTS, BICYCLE ACCIDENTS, Uncategorized

Cyclists in South Florida Taking a Stand, Promoting Safety

We have posted about bicycle accidents in the past, noting our concern as the statistics show that eight cyclists were killed in Palm Beach County alone last year, and a total of 118 bicyclists were killed last year in Florida.

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In light of the dangers cyclists face every day, bike groups are taking a stand to ensure the safety of their groups and of all cyclists in the South Florida area. Along with ensuring that their groups follow traffic laws and erecting safety signs, these groups are working with local authorities to ensure that uniform bike laws are enforced and that motorists follow theses traffic laws while keeping the safety of cyclists in mind.

Part of this movement is a campaign called “Ride Right, Drive Right”, an idea by Broward resident and founder of cycling group zMotion Pat Patregnani. According to the Sun Sentinel, Patregnani came up with the campaign after an incident in August in which a cyclist and motorists were involved in an altercation. The hope is that the campaign will educate both cyclists and motorists, encourage patience and sharing of the roads and prevent bicycle and auto accidents. Groups such as zMotion, the South Florida Bike Coalition and the Boca Raton Bicycle Club have all done their part, requiring their members to ride in small groups and in single file.

The campaign also includes signs designed to notify motorists of laws such as giving a cyclist three feet of clearance when passing them. The signs will be posted along State Road AIA in Palm Beach County and the Department of Transportation will review the signs. Hopefully, this campaign, along with efforts by cyclists, motorists and the police will encourage both groups to share the road and work together to prevent accidents and injuries.

| Gary T. Lazarus | 0 Comments | AUTO ACCIDENTS, Uncategorized

Will Red Light Cameras in South Florida Last?

We have followed the red light camera issue in South Florida for some time now. From our posts about the red light cameras in West Palm Beach to the cameras in Pembroke Pines, the use of red light cameras by cities to prevent auto accidents has become a hot topic.

This week, the Sun Sentinel reported that the city of Pembroke Pines is now under fire in a class action lawsuit for the use of the red light cameras. According to the story, the city has delayed the installation of five more cameras.

Drivers say that the cameras are a violation of equal protection and due process and that under state law, local governments cannot regulate stop lights. They point out that the cameras only punish the owner of the vehicle, not the driver, and that the only form of appeal is through a magistrate who works for the city. Drivers also feel that in spite of the city’s stance that the cameras are being used for driver safety and to prevent auto accidents, the primary goal is to generate revenue during the current financial crisis. The cameras have already sent out over 1,500 citations which have generated about $90,000.

We noted in our post about the Obama administration that the President and his cabinet are taking a strong interest in vehicular safety and passing laws to outlaw distracted driving. Several other cities, such as Aventura and West Palm Beach, have also installed red light cameras, so the question now is whether the cameras will last and what kind of precedent will decisions in these cases set for South Florida, the rest of the state, and even in other states facing the same questions. In any case, it is likely that whether or not the cameras survive in Pembroke Pines, this will not be the last that we hear about red light cameras.

| Gary T. Lazarus | 0 Comments | ANIMAL AND DOG BITES, Uncategorized

NFL Legend Learns Tough Lesson in Florida’s Dog Bite Laws

Many of us in South Florida are dog lovers and own dogs. Yet most people are not fully aware of the consequences that owners face for victims of dog bites. This may not seem like a matter of top priority, but as we have learned from a recent story, everyone is subject to the law.

The Palm Beach Post reported on Thursday that the dog of former NFL player Joe Namath was sanctioned by a special magistrate and declared “dangerous.” According to the report, the Labrador retriever, Leo, will no longer be allowed to wander through the yard of Namath’s home in Tequesta without a leash or a muzzle, must be caged when they have guests, and is not allowed to be taken to public places. Namath will also face increased fees to license Leo and must notify animal control when he leaves the city or when the dog dies. Namath’s Weimaraner, Stella, was also set to be sanctioned, but charges were dropped when a witness for the case did not show up.

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The sanction stemmed from incidents in which the Labrador charged at a UPS worker and bit a nurse. However, the Palm Beach Post noted that this was not the first incident. Officials from animal control noted that since 2007 the dogs were involved in four other attacks, including an attack in which a UPS worker was bitten on the calf in May 2007.

This story brings an important issue to light. How many dog owners actually know what penalties they are subject to if their dog attacks someone? Do victims know their rights if they are attacked by a dog? What if the dog is on a leash? Do you have a warning sign? Better yet, does it matter? Does the victim’s age matter?

Florida Statutes Section 767.04 states that dog owners are held strictly liable for any victim of a dog bite, meaning that it does not matter whether you, the owner, knew that the dog was vicious or that the dog never showed signs of bad behavior before. The dog owner is liable to all people in public places and to those that are legally allowed to be in a private place such as when a person is invited to a dog owner’s household or property. Dog owners must also keep in mind that cities have their own local ordinances which may come into play.
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| Gary T. Lazarus | 0 Comments | AUTO ACCIDENTS, HIT AND RUN DRIVER, Uncategorized

Former NFL Star Lawrence Taylor Involved in South Florida Hit-and-Run

The Miami Herald reported this week that NFL legend Lawrence Taylor was arrested on Sunday night for leaving the scene of an auto accident in Miami-Dade. The 50-year-old former New York Giants pass rusher was released around 9:57 p.m. on $500 bond.

The crash occurred around 6:30 p.m. on the Palmetto Expressway at Northwest 103rd Street when Taylor hit a 1984 Ford van, tearing off the front tire of his Cadillac Escalade and sending the van spinning in front of the Escalade. According to authorities, he drove about two miles on his axle before pulling off to the side of the road. Police spotted Taylor outside of his car on his cell phone. He told police that he thought he hit a guardrail.

 
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Taylor is an NFL Hall of Famer, known for his power and tenacity as a linebacker for the New York Giants. He has considered by many as one of the greatest defensive players of all time and is no stranger to the limelight. Taylor has acted in films such as The Waterboy and Oliver Stone’s Any Given Sunday, and recently competed in the eight season of ABC’s popular dance show Dancing with the Stars. He owns a house in Pembroke Pines, Florida.

Though his successful career in the NFL was at times marred by admitted drug use and arrest for possession, Lt. James Durden of the Florida Highway Patrol said that Taylor showed no signs of impairment and was not given a sobriety test. Thankfully, no one was injured in the auto accident.

| Gary T. Lazarus | 0 Comments | AUTO ACCIDENTS, Uncategorized

More Red Light Cameras in South Florida: Preventing Auto Accidents or Raising Money?

In August, we posted “Red Light Cameras: A Violation of Florida Law?” where we discussed the city of Pembroke Pines and its decision to install red light cameras at intersections. As we stated in the post, more and more cities in South Florida will be following the trend which many feel will prevent auto accidents.

This week, CBS 12 News in West Palm Beach reported that city officials decided that red light cameras will be used to encourage safe driving and monitor the streets. Currently, there is a 90-day probation period where only a warning will be issued to drivers. After that, drivers will receive a $125 fine in the mail, which officials say the money will go towards traffic programs. The civil infraction will not add points to your license.

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Much like in Pembroke Pines, there are drivers are on both sides of this issue. Peter Robbins, a public information officer with West Palm Beach, stated that accidents involving red light-running are the number one types of accidents in urban areas, and that studies show that the cameras help prevent those accidents.

Other drivers, however, see the cameras as an invasion of their privacy. They also question the legality of the cameras, saying that they are a violation of their constitutional rights and merely a way for cities to raise money. In “Red Light Cameras,” we discussed how traffic laws in Florida must be uniform across the state, that variations violate state law, and the legal concerns our governor had about using red light cameras. We also discussed how cities are getting around those concerns. Be that as it may, city officials, who are aware of the likelihood of a class action lawsuit, feel that the red light cameras will stand.

| Gary T. Lazarus | 0 Comments | PHARMACEUTICAL NELIGENCE, Uncategorized

Gardasil’s Lead Researcher Question’s Ability of Vaccination to Reduce Risk of Cervical Cancer

Earlier this month, Dr. Diane Harper stirred up discussion with her remarks about Gardasil, a vaccine manufactured by major pharmaceutical company Merck used to prevent the human papilloma virus (HPV) at the 4th International Public Conference on Vaccination. According to a report by The Bulletin, Dr. Harper, who was the lead researcher for Gardasil and Cervarix and is the director of the Gynecologic Cancer Prevention Research Group at the University of Missouri, stated that the drugs will do little to reduce the risk of cervical cancer. She went further to say that despite the fact that the drugs were recommended for young girls, there have been no clinical trials for girls under the age of 15.

What was surprising was that while Dr. Harper was speaking at the conference to promote the vaccine, many of her statements casted doubt on the utility of the drugs. According to Gardasil, there are four types of HPV. HPV 16 and 18 cause 70 percent of cervical cancer cases, while HPV 6 and 11 cause 90% of genital warts cases. While Gardasil has been promoted as an effective against HPV, Dr. Harper stated that 70 percent of all HPV cases treat themselves within a year, and 90% after two years. Only half of the remaining 10 percent develop into cervical cancer. Dr. Harper went further, stating that the incidence of cervical in the U.S. is very low, with four out of five women with cervical cancer living in developing countries. She also revealed that while Merck followed a group of girls under 16 years of age, it did not follow them long enough to draw conclusions as to the sufficiency of the presence of HPV antibodies.

The subject of vaccinations has been a hot topic lately, and in this case, one that South Florida women should be mindful of. The Bulletin article noted that since Gardasil’s inception in 2006, 15,037 girls reported adverse effects to the Vaccine Adverse Event Reporting System (VAERS), including lupus, paralysis, brain inflammation, and blood clots. The Center for Disease and Control Prevention (CDC) stated that there have been 44 reported deaths.

When considering taking a vaccine or any kind of medication, it is important that you always gather as much information as possible. Talk to your physician about your concerns and the possible side effects of taking certain vaccinations or medications and pay attention to reports and studies, both positive and negative, on these medications.

| Gary T. Lazarus | 0 Comments | PHARMACEUTICAL NELIGENCE, Uncategorized

Pfizer’s Prempro Brings Attention to Pharmaceutical Reporting Issue

Pfizer, Inc. is under fire for a hormone-replacement drug produced by Wyerth, a company which it acquired earlier this year for $68 billion.

According to Daily Finance, a jury awarded a Philadelphia woman $3.75 million in compensatory damages and an undisclosed sum of punitive damages, finding a link between Pempro, a hormone drug taken for menopause treatment, and her breast cancer. The jury also found that Wyeth hid evidence of Pempro’s potential cancer risk. The woman took Pempro for five years before being diagnosed with breast cancer in 2002. Daily Finance stated that there are 9,000 more lawsuits pending across the U.S., with about 1,500 in Philadelphia alone.

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Stories such as this raises concerns for South Floridians and other consumers around the country. Can we trust that pharmaceutical companies will do business responsibly and ethically with the care and safety of its customers in mind without negligently putting a defective and potentially harmful product on the market? Booster Shots, from the Los Angeles Times’ Health Section, reported on French researches who conducted a study on 133 clinical trials which were published throughout 2006 in major medical journals. Besides finding that 55 percent of the studies were funded by for-profit companies, about 11% of the studies did not report on the adverse effects of their trials.

The researchers also found that some of the reporting was distorted. For example, 36 of the studies did not distinguish between severe and mild side effects. Sixteen studies only included the most severe side effects, while 17 reported only common side effects and another 63 did not report on withdrawals of volunteers from the studies. So while the Consolidated Standards of Reporting Trials was amended back in 2001 to emphasize the importance of reporting all adverse effects and events, the French researchers concluded that from their study, more needs to be done to rectify these inadequesies. Booster Shots noted an editorial accompanying the study by Dr. John Ioannidis of the University of Ioannina School of Medicine in Greece, who saw the under-reporting by the companies as their intent on “silencing the evidence” of the potential harm.
Read more “Pfizer’s Prempro Brings Attention to Pharmaceutical Reporting Issue”