| lazaruslaw-2 | 0 Comments | AUTO ACCIDENTS, INSURANCE COVERAGE, Uncategorized

Florida Lawmakers Reform Personal Injury Protection Insurance

1334532_ambulance.jpgLast week, the Florida Legislature passed reforms to the state’s mandatory no-fault personal injury protection (PIP) insurance requirement. House Bill 119 was passed after a 22-17 vote in the Senate just prior to midnight and immediately before state lawmakers adjourned. The reforms are designed to rein in insurance prices by making it more difficult for individuals to commit fraud or abuse PIP insurance.

PIP was adopted in Florida in 1972. The law allows those injured in a motor vehicle accident to receive up to $10,000 for medical expenses and lost earnings regardless of fault. The costs associated with PIP insurance have purportedly increased by approximately $1.4 billion over the last four years. Some believe the increase is due in large part to fraud and staged accidents. The State of Florida reportedly has the most staged accidents nationwide, and the problem is particularly pronounced in the Tampa and Miami metropolitan areas.

The measure passed by lawmakers requires anyone who is injured in a Florida car accident to seek treatment within 14 days from a hospital, ambulance, physician, dentist, or chiropractor. An accident victim will only be allowed to receive the full PIP insurance benefit of $10,000 if a treating medical provider determines he or she suffers from an emergency medical condition. If not, the victim’s PIP benefit will be limited to $2,500. Additionally, the new law requires an accident victim to receive a referral from a health care provider prior to obtaining any follow-up medical services and eliminates payment for massage or acupuncture treatment.

The new law almost didn’t make it to a vote. Florida Senators narrowly accepted House changes to the measure by a 21-19 vote. According to Senator Joe Negron, who sponsored a similar bill in the Senate and negotiated the compromise legislation, the new law will have a large impact on PIP insurance fraud. Senate President Mike Haridopolos admitted to collecting on IOUs in order to get the legislation approved.

Governor Rick Scott was in favor of the legislation, but some Florida lawmakers believe the new law will only serve to create larger profits for insurance companies. Although the initial bill would have guaranteed a PIP rate reduction of 25 percent, the bill that was passed only requires a 10 percent rate reduction with no guarantees. If insurance companies fail to reduce PIP rates by 10 percent, they must provide a detailed explanation regarding why the reduction was impossible. If PIP rates are not reduced by 25 percent by January 1, 2014, another explanation is required.

Representative Scott Randolph of Orlando expressed concern regarding whether lawmakers should take insurance companies at their word. A spokesperson for the Florida Consumer Action Network, Bill Newton, doesn’t believe the legislation will have an impact on PIP insurance fraud. Senator Miguel Diaz de la Portilla of Miami also expressed his concerns over the new measure and stated insurance companies were already in control the PIP formula.
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| lazaruslaw-2 | 0 Comments | MEDICAL MALPRACTICE, Uncategorized

CVS Pharmacy Mistakenly Dispenses Breast Cancer Drug to Children

1323011_pills%20sxchu%20website.jpgA pharmacy error has affected as many as 50 families in New Jersey. A CVS pharmacy in Chatham allegedly distributed the breast cancer drug Tamoxifen by mistake to a number of children who were prescribed chewable fluoride tablets. Although company investigators believe only a few children actually took the breast cancer drug, its ingestion is reportedly unlikely to cause any detrimental health effects.

CVS, the nation’s second largest drugstore chain, has issued a public apology for the mistake. The company also stated it contacted every family who received a 0.5 mg fluoride prescription in Chatham during the last 60 days. No mention was made regarding how the mix-up occurred. According to the company’s director of public relations, Mike DeAngelis, most parents who received prescriptions at the Chatham location received the correct pills.

Experts stated it is unlikely this particular drug mix-up would result in serious health effects. Fluoride is generally prescribed to children by their dentists. Although the two drugs have a similar appearance, fluoride is designed to be chewed while the Tamoxifen should be swallowed. Any child who mistakenly chewed the breast cancer drug would experience a bad taste and likely attempt to spit it out.

The consumer affairs division of the New Jersey Attorney General’s Office is currently investigating the drug mix-up to determine whether any laws were violated by the pharmacy. On Friday, the company was ordered to provide the name of all pharmacy employees at the Chatham store and copies of all correspondence related to the error. Company representatives will also be questioned under oath this week. CVS has stated the company is still investigating exactly how the error occurred in an effort to prevent similar mistakes in the future.

Luckily, the pharmacy error that occurred in New Jersey did not result in a serious injury or wrongful death. Still, doctors, dentists, nurses, hospitals, and even pharmacies have a duty to provide patients with a reasonable standard of care. When an injury occurs due to the improper dispensing of medications, a patient might have a pharmaceutical negligence or professional malpractice claim against the pharmacist or pharmacy that dispensed the drug. The State of Florida provides patients who were the victim of malpractice with only two years to file a claim. Because insurance companies also have up to two years to evaluate a patient’s medical malpractice claim before a lawsuit may be filed, it is crucial to discuss your pharmaceutical malpractice case with a qualified attorney as soon as possible.
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| lazaruslaw-2 | 0 Comments | AUTO ACCIDENTS, Uncategorized

Florida Highway Patrol on the Lookout for Aggressive Drivers

232051_semi-truck_1%20sxchu.jpgThe Florida Highway Patrol will be on the lookout for aggressive drivers this week. According to state law, an aggressive driver is someone who commits two violations such as following too closely, speeding, making unsafe lane changes, failing to yield, passing improperly, and running stop lights or signs at the same time. Additional State Troopers will be dispatched to major state roads such as Florida’s Turnpike and interstates 75, 95, and 595 this week to combat aggressive driving.

By stepping up enforcement, the Highway Patrol seeks to reduce or eliminate the number of collisions between passenger vehicles and commercial trucks such as 18-wheelers. According to the law enforcement agency, 88 percent of such crashes result from driver choices and behavior. Meanwhile, only 12 percent are caused by road conditions and motor vehicle defects. In 2010, Florida law enforcement officers ticketed 23,180 aggressive drivers. That number was almost 20,000 more tickets than were issued in 2003.

The Florida Highway Patrol is also seeking to reduce accidents by using educational tools such as roadside billboards and radio spots. Drivers are also being warned to take safety precautions such as ensuring they stay out of a commercial truck’s blind spots. In 2010, approximately 10 percent of all traffic deaths in Florida resulted from crashes between semi-trucks and passenger cars.

Florida Trucking Association Road Team driver Frank Silio believes most drivers are not trying to be unsafe, but do not fully realize the amount of time it takes for an 18-wheeler to stop when traveling at interstate speeds. He stated at 50 miles per hour it can take more than 100 yards to stop due to the truck’s weight. Silio and 22 other Road Team drivers work with the Florida Highway Patrol to educate drivers about safe driving near 18-wheelers. He believes drivers ought to be more cognizant of a commercial truck’s large blind spots and allows individuals to sit in his cab during educational events in order to see the road from a truck driver’s perspective.

Folks in Florida spend a great deal of time in their automobiles each year. Unsafe or distracted drivers are a hazard to everyone on the road. Aggressive driving can lead to major injuries and death. An individual who is hurt in an automobile accident due to someone else’s negligence may be eligible to receive compensation for medical bills, disability, pain, suffering, lost earning capacity, loss of enjoyment of life and other damages. If you or a loved one was hurt in a motor vehicle collision, a qualified car accident attorney can help you evaluate your case.
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| lazaruslaw-2 | 0 Comments | AUTO ACCIDENTS, CELL PHONE USE, Uncategorized

Florida Lawmakers Consider Statewide Driver Texting Ban

1307593_mobile_phone_in_hand%20sxchu%20website.jpgFlorida’s Budget Committee is considering a bill which would ban texting while driving throughout the state. Senate Bill 416 would prohibit drivers in Florida from sending or reading non-voice communications using a wireless device. If approved, the ban would go into effect on October 1st of this year.

Senate Bill 416 was introduced by Senators Margolis, Sachs, Sobel, Lynn, and Altman. If the law is passed, a driver caught texting while driving would be subject to a $30 fine and gain 6 points on their driver’s license. A driver cited twice within 5 years would be subject to a $60 fine and receive an additional 6 points. In Florida, once a driver has received 12 or more points the Department of Highway Safety and Motor Vehicles may suspend their operator’s license for 30 days.

If passed, the law would not apply to police or emergency personnel engaged in their official duties. It would also provide an exception for those reporting an emergency or crime. Emergency alerts, messages concerning weather or traffic, and navigation systems would also be exempted under the proposed law. As written, the bill would make texting behind the wheel violations a secondary enforcement offense. This means a driver could only be cited for violating the law if initially pulled over for another violation.

According to Captain Mark Brown, Chief of Public Affairs for the Florida Highway Patrol, nearly 2,600 motor vehicle collisions in Florida in 2011 involved an “electronic distraction.” He also stated all use of cellular telephones in Florida Highway Patrol cars is banned unless a hands free device is being used. The Highway Patrol instituted this policy in an effort to set a good example for Florida residents.

Senate Bill 416 is modeled after a 2009 Executive Order which prohibits federal employees driving a government vehicle from texting behind the wheel. At present, 35 states and the District of Columbia have banned texting while driving. Previous attempts to prohibit texting while driving never made it out of the Florida Legislature. The current Senate bill has seen support as it traveled through several committees, but it has not been scheduled for a full chamber vote. House Bill 299, the House counterpart to Senate Bill 416, has not moved forward.

Florida citizens spend countless hours in their automobiles every year. Drivers distracted by cellular telephones, text messages, and email can be a hazard to everyone on the road. Serious injuries and even death may result from their inattention. If you were injured in a car accident due to another person’s negligence, you may be eligible to receive monetary damages for lost wages, lost earning capacity, medical bills, suffering, pain, disability, and loss of enjoyment of life. Since no two injuries are alike, it is a good idea to contact an experienced automobile accident lawyer to help you assess your damages.
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| lazaruslaw-2 | 0 Comments | PRODUCT SAFETY, Uncategorized

Marion County Explosion Kills One Woman, Injures Another

746971_broken%20sxchu.jpgOn Friday morning, a hyperbaric chamber explosion killed a veterinary employee and a horse in Marion County, Florida. 28-year-old Erica Marshall died at the KESMARC Florida Equine Rehab Center in Oclala after a horse being treated in the chamber purportedly began to kick and the metal on its horseshoe ignited a spark. Fellow employee Sorcha Moneley, 33, was also injured in the blast. She was taken to a local hospital in critical condition.

Hyperbaric chambers are used to create environments that contain higher than normal levels of oxygen. Use of the chambers is highly regulated and requires extensive safety training. In humans, the chambers are generally used to treat divers for sickness resulting from pressure changes, more commonly known as “the bends.” At KESMARC, the chamber was used to treat a variety of equine illnesses and injuries.

Marshall worked at the facility for approximately two years and was reportedly well trained on the use of hyperbaric chambers. Although horses inside the chamber are normally sedated, the one in the chamber at the time of the blast was not. Marshall was monitoring the horse using a closed circuit video system and had already begun to shut the chamber down when it exploded. Hyperbaric chambers must shut down in a series of steps to protect patients, however. It was during the shutdown phase when the horse inside allegedly kicked away the chamber’s protective coating. His next kick struck the chamber’s metal walls and ignited an explosion which purportedly rattled windows for miles.

Although seriously injured in the explosion, Moneley reportedly told emergency responders what caused the explosion. The horse killed was undergoing treatment for a neurological disease. An additional 30 horses were later removed from the partially collapsed facility unharmed. Questions are being asked regarding why the horse was not sedated and why he was allowed to enter the chamber wearing horseshoes. The U.S. Department of Labor’s Occupational Health and Safety Administration is currently investigating the explosion.

In Florida, the manufacturer of a product may be held strictly liable if a product failed to function as intended or according to safety standards and the failure resulted in injury or death. If a product is defective, a manufacturer may be held liable regardless of whether any negligence occurred. Manufacturing defects, insufficient operating instructions, failure to warn consumers, and design defects can all lead to a finding of strict liability. If you were injured as a result of a defective or poorly designed product, it is highly recommended you contact an experienced products liability lawyer.
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| lazaruslaw-2 | 0 Comments | CONSTRUCTION ACCIDENTS, Uncategorized

Lawsuit Filed Over Fort Meyers Gas Line Explosion

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A class action lawsuit against TECO Peoples Gas and Posen Construction is currently pending in Lee County Circuit Court on behalf of businesses that lost revenue after a high pressure gas line exploded in Fort Meyers last November. The explosion occurred after construction crews working on widening Colonial Boulevard severed a purportedly unmarked eight inch TECO gas line. The accident thousands of residential and commercial customers in Lee and Collier counties without natural gas services and sent a 26-year-old construction worker to the hospital in critical condition with burns on more than half of his body.

According to Lee County Transportation Director, Paul Wingard, an inspection conducted after the accident revealed bright yellow markers designed to warn construction workers a gas line is present were missing at the time of the explosion. He also stated natural gas company TECO recently relocated the gas line approximately 15 feet to the south in preparation for the road expansion. Wingard said once the line was moved, it was up to the road contractor, Posen Construction, to maintain the natural gas line markers. Michigan based Posen Construction has refused to comment on the explosion.

The accident occurred after an employee for the construction contractor inadvertently hit the buried gas line with a piece of heavy machinery. The gas line explosion was not the first accident at this particular construction site. Last June, a crane boom fell and pinned a Posen construction employee’s arms and legs. The federal Occupational Safety and Health Administration is currently investigating whether Posen Construction violated any federal safety standards.

According to the lawsuit, the gas outage had a tremendous financial effect upon restaurants and other tourism based businesses such as hotels in Lee and Collier counties. Plaintiffs in the suit are seeking damages for lost income which purportedly resulted from the natural gas outage as well as expenses related to business attempts to compensate for the lack of available gas. The plaintiffs charge that the outage occurred just as the tourist season was picking up, and that it affected many businesses still struggling to recover from heavy financial losses associated with the BP Horizon oil spill.

Construction sites can be dangerous. Thousands of construction workers are injured on the job each year in Florida. A worker may be hurt in a fall, burned in an explosion, or harmed as a result of defective machinery or tools. Common wounds include broken bones, burns, back injuries, brain injuries, and tragically, even wrongful death. Injuries can be difficult to treat and a worker may become permanently disabled as a result of a construction accident.

In most cases, Florida workers’ compensation laws will provide the exclusive remedy for employees injured while working at a construction site. Important exceptions do exist, however. A qualified construction accident attorney can explain your rights and help you receive damages for your injuries.
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| lazaruslaw-2 | 0 Comments | CRUISE SHIP ACCIDENTS, Uncategorized

Florida Couple Aboard Costa Concordia During Crash Off Italian Coast

1068112_cruise_ship%20sxchu%20website.jpgHomestead, Florida residents Luis Hernandez and his wife Karen Camacho were aboard the Costa Concordia for their “second honeymoon” when the cruise ship struck a rock formation and began taking on water off of the coast of Italy earlier this month. The ship was carrying approximately 4,000 people from across the globe when it tipped onto its side near Giglio Island. Costa Crociere, a unit of the Carnival Corporation, operated the Costa Concordia. The company has placed blame for the disaster squarely on the ship’s captain, Francesco Schettino. The ship was reportedly sailing off course and too close to the rocky Italian shoreline when it was damaged.

The Florida couple was reportedly seated at dinner when the accident occurred. According to Camacho, she heard a loud noise before items began falling from dining tables. Soon after, the ship’s speaker system and waiters began reassuring passengers to stay calm. The Costa Concordia crew purportedly told passengers the ship was merely experiencing difficulties with its generator.

Once the boat began to list, the couple returned to their cabin for personal items before heading towards the ships lifeboats. According to Camacho, the scene outside of their cabin was chaotic. People were allegedly shoving one another and crewmembers appeared at a loss regarding what to do next. Camacho stated no one was providing directions and crewmembers were abandoning ship in lifeboats without passengers. After Henandez hopped onto a lifeboat full of crewmembers, Camacho was purportedly allowed aboard. When the lifeboat became stuck, the couple exited, ran through the dining room, and jumped into a small rescue boat that was ferrying passengers to shore. Camacho claims she injured her knee during her escape, but saw other passengers who were injured much worse during the ordeal.

Following the disaster, 17 people are confirmed dead and at least 16 individuals are still unaccounted for, including two Americans. The Carnival Corporation issued a public statement alleging the company is investigating what caused the Costa Concordia disaster and the Cruise Lines International Association issued a press release reminding the public that cruising is generally a safe means of travel. The Association also stated large scale cruise ship accidents such as this one are exceedingly rare.
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| lazaruslaw-2 | 0 Comments | BOATING ACCIDENTS, Uncategorized, WRONGFUL DEATH

Family of Sarasota Man Poised to File Suit Over Key West Speedboat Death

122834_speed_boat_on_lake%20sxchu%20wesbite.jpgThe family of a Sarasota offshore speedboat racer killed during the Super Boat International World Championships in Key West last November is poised to file a wrongful death lawsuit against Super Boat International Productions, Inc. 59-year-old Joey Gratton purportedly drowned after his boat flipped over twice during a Key West race. His family claims Gratton survived the crash, but drowned due to a poor emergency response on the part of race organizers. Gratton’s death followed closely behind that of two Missouri men killed two days earlier when their boat crashed on the first day of racing.

Gratton was an experienced speedboat racer who, together with a close friend, won three world championships and eight national championships over the course of several years. According to reports, Gratton was not severely injured in the crash, but was instead alive, conscious, and fighting for several minutes to extricate himself from restraints. He is alleged to have drowned while waiting to be assisted by rescue boats. Instead of deploying immediately, rescue divers on an emergency helicopter were purportedly told by race organizers to act as second responders. The Miami-Dade Medical Examiner has stated Gratton’s official cause of death was drowning.

According to the Gratton’s attorney, the family will file a wrongful death lawsuit alleging gross negligence in Super Boat International’s safety and rescue response. He has stated race day rescue boat staff was not competently or adequately trained to act as first responders. He also claims divers were improperly told to allow rescue boats to act first, which wasted valuable response time. The family’s attorney claims Gratton would be alive today but for the company’s negligence. Gratton’s family has stated their overall goal in filing a lawsuit is to change Super Boat International’s emergency response measures to ensure the safety of other speedboat racers.

Many deaths in Florida each year are the result of tragic and unnecessary accidents. The unexpected loss of a loved one can be devastating, but it can be particularly upsetting when your loss is the result of another person’s negligence. When someone you love has been killed as a result of someone else’s actions, you have the right to file a wrongful death lawsuit against the party at fault. Generally, a fatal accident which is the result of an act of negligence, carelessness, or recklessness will give rise to a wrongful death claim. In Florida, family members have up to two years to sue for wrongful death. If you have lost a family member due to a third party’s negligence, an experienced personal injury lawyer can answer your questions and help you file a wrongful death claim.
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| lazaruslaw-2 | 0 Comments | CRUISE SHIP ACCIDENTS, Uncategorized

Investigation Underway for South Florida Cruise Ship Accident

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During this time of the year, vacationers are flocking to ports throughout South Florida to set sail on a cruise before the close of the summer. However, an investigation is underway into a recent cruise ship accident in South Florida.

According to the Sun Sentinel, the United States Coast Guard is looking into what caused an accident in Key West last week. Two Carnival cruise ships, Fantasy and Imagination, collided while docking at the Port of Key West. The crash caused minor damage to both vessels.

Personnel were being tested for drugs and alcohol, in accordance with Coast Guard protocol. So far, authorities have determined that no one was injured and that the incident did not cause any pollution or spill into the ocean.

Despite modern technology and safety measures, cruise accidents can happen at any time. Contact our offices and consult with a South Florida cruise ship accident attorney if you’ve been injured in a cruise ship accident.

| lazaruslaw-2 | 0 Comments | PHARMACEUTICAL NELIGENCE, Uncategorized

Emotional Story of Miami Resident Highlights the Dangers of Pharmaceutical Errors

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Pharmaceutical errors can occur at any moment, resulting in life-changing consequences for the victim and their families. Despite the wide selection of excellent hospitals and medical care facilities in South Florida, one minor oversight or mistake can lead to tragedy, as it did for one young graduate of Miami Springs High School.

The Sun Sentinel reported on the story of Raul Otero, a young man who in 2003 survived a motorcycle accident, but was left in far worse condition after treatment at Memorial Regional Hospital in Hollywood, Florida. Though the actual accident required Otero’s leg to be amputated and spleen to be removed, he was alert and prepping for rehab when he was about to receive an MRI. Due to his agitation during the MRI procedure, a doctor prescribed a drug at a high dosage of medication, which, combined with his other medications, caused his heart to beat abnormally. Otero’s heart stopped, he was revived and he ultimately went into a coma. As a direct result, he was rendered a quadrapalegic and unable to speak except for responding to familiar voices through laughter (Watch video for this story on the Sun Sentinel story link).

As with many other medication errors the resulting trauma didn’t just affect Otero. His mother was forced to gave up her full-time job to be his caretaker and Otero’s tragic ordeal put a toll on his parents’ marriage.

If you or your loved one have been the victim of a pharmaceutical error, contact our offices to speak with a South Florida pharmaceutical error attorney today.