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

Dog Attacks Miami-Dade Boy

A boy in the Miami-Dade county was injured after being attacked by a dog on Thursday, October 22. According to WFOR-Channel 4, the 10-year-old was attacked when he approached a Husky mix which was chained near its owner on Southwest 120th Court.

The South Florida boy was bitten on his side and on his arm, according to the Sun Sentinel. Thankfully, he was listed in good condition after being taken to Miami Children’s Hospital. The attack is under investigation.

Dog bite injuries occur frequently in South Florida. According to the Florida Department of Health, there were 18 fatal dog bites between 1999 and 2007. That same year, there were 638 hospitalizations due to non-fatal dog bites. Also, there were 16,890 emergency department visits due to dog bite injuries.

Though both owners and innocent bystanders take precautions to prevent injury, accidents do happen. Our law firm is qualified to handle dog bite cases. If you or someone you know has been injured from a dog bite, contact us at our offices with your questions and concerns.

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

Product Recall Announced for Baby Food Sold at Toys R Us

In the wake of recalls of defective automobiles over the past two months, a company has announced the recall of a much different product: baby food. According to the Miami Herald, California-based company Plum Organics announced the recall of its carrot and apple portable baby food because there are concerns that some of the products may be contaminated with botulism.

The product can be found at Toys R Us stores throughout the country. South Floridian parents should be cautious about this latest product recall. Toys R Us has several locations throughout the Broward, Miami-Dade, and Palm Beach counties, and botulism is a serious condition. According to WrongDiagnosis.com, there were 154 cases of botulism reported in 1999, with 23 being food-borne, and 92 infant cases. Symptoms of botulism include dry mouth and throat, blurred vision, typical symptoms of food poisoning, vomiting, and many others. Complications can lead to paralysis and death.

 

 

The Miami Herald and AOL News reported that the products believed to be affected come in 4.22 ounce pouches, with a UPC code 890180001221 and a “best by” date of May 21, 2010. So far, there have been no reports of illness or injury from the defective product.

If your family or someone you know is affected by this recall please call our office regarding any of your questions or concerns.

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

Weston Boy on Bicycle Strcuk by Automobile

A 10-year old boy was struck by a van on Tuesday, October 20, in Weston, according to the Broward Sheriff’s Office. The Sun Sentinel reported that the boy was riding his bicycle when a van hit him on the 4400 block of Foxtail Lane.

Apparently, the bicycle accident occurred when the boy was crossing the street when he rode into the path of the van. He was taken to Joe DiMaggio Children’s Hospital in South Florida, where he was treated for non-life threatening head injuries. It is important to note that the victim was not wearing a helmet.

We’ve noted in several previous postings that riding a bicycle can be a very dangerous activity in South Florida and that drivers need to be more cautious to avoid accidents with bicyclists. However, the wearing of a helmet is a basic safety measure that should never be overlooked, especially in the case of children. According to the Bicycle Helmet Safety Institute, riders who don’t wear helmets are 14 times more likely to be involved in a fatal crash then those who wear helmets, and head injuries account for over 60 percent of bicycle-related deaths. Anywhere from 45 to 88 percent of a bicyclist’s brain injuries can be prevented by wearing a helmet.

Parents need to be especially careful when their children go riding and insist that their children always wear a helmet. Another safety precaution that would help to decrease the number of bicyclists injured would be to avoid areas of heavy traffic to minimize the risk of injury.

Our firm specializes in and has been handling accident cases for over 19 years, Therefore, if you or your loved one have been injured in an accident, please contact our office. We are here to answer any of your your questions and concerns.

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

Concern Grows as South Florida Bicyclist Struck by Automobile Dies

On Saturday, October 17, a bicyclist was struck from behind by a pickup truck in Boca Raton near Palmetto Park Road and Shorewind Drive. Police identified the bicyclist as Elizabeth Victoria Stewart of Tamarac, Florida, according to the Sun Sentinel. She was pronounced dead at Delray Medical Center.

This tragedy adds to the growing list of bicycle injuries and fatalities from auto accidents, and to the concern many South Florida residents have about the general safety of bicyclists. The Sun Sentinel noted numerous bicycle fatalities like this which have occurred in Palm Beach County this year, including: a Pompano Beach man killed in a hit-and-run crash in September, a 17-year-old hit during rush hour in Boynton Beach in March, and a 12-year-old hit by an SUV in West Palm Beach in April.

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Eight cyclists were killed in Palm Beach County last year, and 333 were injured, while 336 were injured in 2007. Palm Beach County has a higher fatality rate than Miami-Dade and Broward, according to the Sun Sentinel.

Bicycle advocates are very concerned and calling for more safety programs to prevent injuries and fatalities. Based on the statistics, it seems that bicycle safety is a legitimate concern and more needs to be done to ensure the rights and the safety of our citizens.

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

Ford Defective Switch Recall To Add Over 4 Million Vehicles

Last week, Ford Motor Company announced its biggest recall in historry due to a product defect which covered about 14.3 million vehicles. The Sun Sentinel has reported that Ford will add 4.5 million more vehicles to the list.

The recall came when Ford found a defect in the cruise control deactivation switch, manufactured by Texas instruments . According to the National Highway Traffic Safety Administration, the switch can leak hydraulic fluid and can overheat, creating the risk of fire even if the ignition is turned off or the car is parked.

 
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Ford anticipates recalling about 1.1 million of its Windstar minivans from 1992-2003, according to CNN. The other 3.4 million vehicles from the Ford, Lincoln, and Mercury lines with the same switches will be recalled due to a risk of fire.

CNN also reported that the following models as those included in the added list of vehicles: 1995-2003 Windstars, 2000-2003 Excursion diesels, 1993-1997 and 1999-2003 F-Super Duty diesels, 1992-2003 Econolines, 1995-2002 Explorers and Mercury Mountaineers, 1995-1997 and 2001-2003 Rangers and 1994 F35 motorhomes.

Ford will being notifying owners by the end of the month about the recall, and also warns that drivers who own Windstar minivans from the years 1992-2003 should park their vehicles outdoors.
Read more “Ford Defective Switch Recall To Add Over 4 Million Vehicles”

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

Auto Accident on Expressway Kills Two in South Florida

On Friday, October 9, two men were killed in a car accident on the Palmetto Expressway near NW 122nd street in Hialeah, Florida. According to the Miami Herald, the auto accident occurred at about 4 a.m., pinning one man under a boat and leaving another driver dead. Heavy traffic problems resulted.

According to the Florida Highway Patrol, a Ford pick- up truck, towing a boat, pulled over on the shoulder and a red vehicle pulled off in front to help. While the men were underneath the boat, a Chevy Malibu went out of control and hit the boat, which fell on the men, killing one. Apparently, the second man ran in the red vehicle was frightened and drove off.

The driver of the Malibu was also killed, while the passenger in the Malibu was taken to Jackson Memorial Hospital in Miami. Police are still investigating, and FHP has determined that the boat and the truck were stolen. The police also found a bag of marijuana near the Chevy and three bags of a substance which they are testing for cocaine.

Our blog posting entitled “Florida Auto Safety: Move Over Law Saves Lives” discussed laws and safety tips which drivers should follow to avoid tragedies such as this one. While one can’t control an out of control vehicle or other outside factors, drivers should always remember to move far over to the side of the road when checking for damage to your car or any cargo you may be towing, and to be mindful of other drivers while parked on the shoulder.

| Gary T. Lazarus | 0 Comments | CELL PHONE USE, Uncategorized

South Florida City Bans Texting While Driving

It’s official: the city of Parkland in Broward County, Florida, has made it illegal to text while driving within city limits. According to the Sun Sentinel, on Wednesday, the City Commission voted unanimously to ban texting, citing a Virginia Tech Transportation Institute study.

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The study showed that drivers who text are 23 times likely to be involved in an auto accident. The study also showed that drivers who dial their cell phone are 2.8 times as likely to have an accident or near crash event as a non-distracted driver.

This is a landmark decision, as Parkland is now the first city in Broward County to ban text messaging. The penalty for violating the ban? A $100 fine. Of course, on-duty police and fire rescue officials will be exempt from the ban.

In our previous blog “Does Cell Phone Use Cause Florida Car Accidents,” we discussed cell phone use in Florida and the different opinions which South Florida drivers may have on the issue. Some are very apt to the idea of laws which ban usage, while others disagree with laws which dictate how citizens should drive. However, as we noted in our blog, the availability of more studies and research conducted every year is pushing Florida legislators and individual municipalities to enact bans on cell phone use as in Parkland.

Currently, the city of Parkland is still awaiting word from the Attorney General’s office on the legality of this ban. However, police will be issuing warnings.

In any case, the fact remains that despite our dependence and overall acceptance on cell phone usage while driving, the numbers don’t lie. The use of cell phones while driving is a major concern for driver safety, and we suspect that the passage of no-texting laws in Parkland may only be the first of many attempts in the future in cities throughout South Florida.

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

Serious Injury in Motorcycle Accident on South Florida Raceway

A 32-year-old man was injured in a motorcycle accident on Sunday, October 4 at the Palm Beach International Raceway.

According to the Sun Sentinel, the man crashed on the race track, which is located west of Jupiter, Florida, around 2:45 p.m. and was airlifted to St. Mary’s Medical Center in West Palm Beach.

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The man was turning when he lost control and hit a wall. He is currently in critical condition. The track was hosting a raceway on Sunday called the Champion Cup Series.

Recently, the Palm Beach Raceway, over 2 miles long with 11 turns, was the site of another serious accident. In May, a 9-yearl-old boy was racing a go-kart when he was critically injured, suffering burns to his torso and arms. The U.S. Consumer Product Safety Commission is currently investigating that incident.

Palm Beach County had 34 motorcycle fatalities last year, according to 2008 Florida Crash Statistics. Broward County had 37 fatalities, while Miami-Dade had 44, with a total of 9,618 motorcycle crashes in Florida. It has been our firm’s experience that some of the most serious injuries sustained by victims of accidents are resulting from either the drivers or passengers of motorcylcles. Therefore, whether in competition or just leisurely riding the streets of South Florida, motorcyclists should always take appropriate safety measures to minimize the risk of serious injury..

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

Pedestrian Killed in South Florida Auto Accident

On Tuesday, September 29, 71-year-old Fort Lauderdale resident Judith Testa was struck by a vehicle and severely injured while crossing the street near East Commercial Boulevard. Unfortunately, it was reported today that Testa died from the pedestrian accident. She was apporxiamtely a block away from her apartment.

According to police, 31-year-old Natalie Affiany of Coral Springs, Florida was making a left turn near the intersection and struck Testa. Ms. Affiany’s driving records showed that she was driving on a suspended license.

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Statistics show that South Florida is prone to high rates of pedestrian accidents. The Florida Highway Safety and Motor Vehicles Traffic Statistics Report is a great source of this statistical data. The Report states that there were 8,471 pedestrian crashes in Florida last year, with 7,878 crashes resulting in injury and 502 crashes resulting in death. While these numbers reflect a considerable increase since 2007, fatalities decreased approximately 5% from 2007. In fact, the information in the report clearly evidences that Miami-Dade and Broward County had the two highest numbers of pedestrian fatalities statewide last year (66 and 51, respectively).

So far, no charges have been filed yet in this incident, but police are asking for your help. If you have any information about this incident contact Coral Springs Traffic Homicide Investigator Jill Hirsch at 954-828-5753. You can also contact Broward County Crime Stoppers at 954-493-TIPS (8477).

Large cities like Fort Lauderdale and Miami are prone to heavy traffic, so whether you drive or, like many others, prefer to walk the streets, you can do your best to avoid risk of injury to yourself and others by following traffic signs, observing the rules of the road and keeping a sharp eye out for crossing pedestrians and oncoming traffic.

| Gary T. Lazarus | 0 Comments | HOSPITAL NEGLIGENCE, MEDICAL MALPRACTICE, PHARMACEUTICAL NELIGENCE, Uncategorized

South Florida Hospital Sued for Malpractice for Brain Damage to Baby

St. Mary’s Medical Center in West Palm Beach, Florida is being sued by a pregnant woman for injuries her baby suffered when the hospital mistakenly gave the woman a drug which speeds up labor. The Miami Herald reports that the woman, Tesome Sampson, gave birth two months early and her baby suffered brain damage as a result of the drug. She and baby’s father, Frank Guy, filed suit for negligence against the hospital, its owner Tenet Healthcare, and other hospital personnel, claiming $3.5 million in medical costs.

In the hospital’s statement, it apologized and acknowledged that Sampson was given the wrong medication, and that the mistake was “an unfortunate error”. The drug, Prostin E2, has been approved by the FDA , and is commonly used for the termination of pregnancies and expelling uterine contents, and can be used to induce labor.

Sampson was admitted to the hospital on August 25, 2008, 24 weeks pregnant. She was put on bed rest, but ten days later was given the wrong drug and suffered severe cramps. Sampson was given a portable toilet, where the baby was delivered.

Hospitals are not impervious to error. In 1999, an Institute of Medicine study found that about 98,000 people die every year from medical errors. These errors can be attributed to a number of factors such as miscommunication or failure of communication between hospital personnel and inefficient safety systems. Human error also plays a part, sometimes due to hospital staff work long hours.

However, the consequences of such mistakes can be life-altering, or even lead to death. Our firm has handled cases such as this where a careless error, one that could have been easily avoided, has taken the most precious of life away- a child. Furthermore, medical errors can attribute to millions of dollars spent on additional care needed to treat medical errors, rehabilitative treatment, increased medical malpractice insurance costs, and litigation expenses. Hospitals must do their part at all levels of administration to implement appropriate measures to ensure safety of their patients.