Florida Insurance Claims Lawyer Blog

Our Boynton Beach personal injury lawyer was alarmed to hear about a devastating injury suffered by an 82-year-old area woman this week. Gilda Grocco Bartlett, of Boynton Beach, drove her car out to her mailbox on the morning of March 9 to pick up her mail. According to an article in the Palm Beach Post, Ms. Bartlett stopped, put her vehicle in park and climbed out to walk to the mailbox. After she exited the car, the gears apparently slipped back into reverse, and the vehicle began to move backwards. Unable to get out of its path, Ms. Bartlett was struck by the open driver's side door of her own vehicle. She was then dragged for approximately 30 feet before she was able to get free of the car. Even after striking and dragging the victim, the car continued to move backwards in circles at about 10 or 15 miles per hour. A rescue firefighter who arrived on the scene, Jody Marlow, tried to jump into the vehicle in an effort o stop it, but was unable to do so. Marlow was injured in the attempt, though the injuries were not serious. Police were finally able to bring the runaway car to a stop by placing a patrol car in its path. Gilda Bartlett was taken to Delray Medical Center, where she is reportedly in serious but stable condition.

This news report raises some interesting questions for our Palm Beach County product liability lawyer. The first and most obvious issue here is determining what actually went wrong with the car. If Ms. Bartlett just failed to properly put the vehicle in park before she got out, that is one thing; but if the vehicle failed to engage correctly when put into park, that is another story entirely. When dealing with any kind of mass-marketed product, there is always a good chance that where there is a defect in one, there may be a defect in many. This is true because these kinds of goods, including cars, are manufactured in an assembly line. If there is a problem with the manufacturing of the vehicle, it is usually in one specific area of the assembly process, and it can occur over and over again.

Therefore, when dealing with a situation like this one that involves a product like a car, it is best to investigate it fully to determine whether the incident was isolated or whether it might be the result of a defect that could affect many other vehicles. Our Boynton Beach injury attorney knows how important it is to follow up on possible manufacturing defects in order to ensure that any widespread issues can be resolved before anyone else gets hurt. Sometimes, victims simply get overwhelmed by their injuries and don't know where to start, so it is good to turn to a lawyer with experience in these types of situations to help get the ball rolling, as well as to make sure that the victims' rights are fully protected.

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Our West Palm Beach injury lawyer brings you this story with the hope that you will pass it on to any friends and family that may be affected. Last week, prescription drug manufacturing giant Pfizer issued a recall for approximately 1 million packages of a birth control pill labeled as Lo/Ovral-28 and its generic version called Norgestrel. The company cited a problem with the packaging of the pills, which may result in the incorrect type of pill being taken on any given day throughout the cycle.

The pills are distributed in a package of 28, and women are instructed to take one pill at the same time every day, with the final week of each cycle consisting of inert pills. The active pills are most often employed to prevent the user from becoming pregnant, but they also have other uses, such as the regulation of hormones for some women. Pfizer has stated that some of the recalled packages may contain inert pills labeled as active pills or inert pills placed in the wrong position in the cycle. They also may contain extra pills. Any one of these scenarios could cause women to believe they are protected when they are not, which could result in higher numbers of unplanned pregnancies. Although the company believes that only about 30 packages were affected by the errors, they recalled about a million packages just to be on the safe side.

The issue was discovered in October of last year by a woman who noticed that the color-coded pills were not where they should be in her pill pack. In order to make it easier for women to remember to take the correct pill on the correct day, Pfizer makes the inert pills pink and the active pills white. When the woman noticed that there was a pink pill where there should have been a white one, she alerted the company, and an investigation was immediately initiated. The investigation uncovered some production problems that caused the packaging errors, and the company has taken steps to correct them.

The company and the U.S. Food and Drug Administration have stated that no cases of unplanned pregnancy or other issues related to the recalled birth control pills have been reported thus far, but the recent recall may help any affected women to realize what went wrong with their birth control use. Because these particular types of drugs were prescribed to tens of thousands of women all across the United States over the last year, Florida women could very well be among those who purchased the recalled packages. Women should talk to their doctors right away if they think they may have taken these pills, and those who were affected in our area should consult a Boynton Beach drug recall lawyer immediately in order to determine whether their use of the defective pills gives rise to a claim against Pfizer. The lot numbers of the recalled packages, as well as instructions for what to do if you received one of them, are available on Pfizer's website.

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Our West Palm Beach injury attorney is well aware of the reasons that controlled substances of all different varieties are so heavily regulated in the United States. Many of the prescription and over-the-counter drugs that Americans use every day provide invaluable benefits to people who are suffering from all kinds of illnesses and ailments. However, these drugs often come with side effects, which in some cases can be positively devastating. One need only spend a few minutes channel surfing to come across at least one television commercial promoting the latest drug to remedy everything from high blood pressure to arthritis and everything in between. But these same commercials, after telling consumers how beneficial the drugs are, also inevitably contain a laundry list of potential side effects, with some even warning of the possibility of death.

These side effects are not limited to physical conditions. On the contrary, many drugs, especially those designed for people suffering from depression, bipolar disorder, schizophrenia, or another type of mental illness, can produce unexpected and sometimes dangerous effects on the patient's mental processes. In some situations, such effects have caused patients to do things that they otherwise would never have dreamed of doing.

According to an article from the Palm Beach Post, attorneys for Alfred Infosino are arguing that this is precisely what happened to their client. Infosino, now 83 years old, is accused of beating his girlfriend Rita Chirel to death last year. After killing Ms. Chirel, Infosino called 911 and told the operator what had happened. According to courtroom testimony, Infosino appeared to be shocked at what he had done. His attorneys are trying to convince a jury that Infosino's actions were the result not of his own will but of a psychotic break brought on by an anti-depressant drug known as Remeron or Mirtazapine. They claim that Infosino began exhibiting warning signs as early as two months before he attacked Ms. Chirel.

Our Palm Beach product liability lawyer, know that stories like this sometimes carry with them the possibility of civil claims in addition to the criminal charges brought against Infosino. If proper warnings were not provided for this drug, there is a potential for a products liability claim against the manufacturer of the drug. Although the story from the Palm Beach Post does not say whether such a warning was given, it still provides a valuable lesson on the importance of being aware of any possible side effects of the drugs you take and those that your loved one takes.

As personal injury lawyers in West Palm Beach, we know all too well the dangers posed by a failure to monitor prescription drug use and effects properly. Given the current Florida nursing home crisis, careful monitoring by friends and relatives, even those without any formal medical training, has become of utmost importance. If your loved ones are taking any kind of prescription medicine, make sure that you and they know the dangers associated with those drugs. Do not be afraid to ask questions, and help them to identify any warning signs you see that they perhaps cannot.

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As millions of shoppers across the nation head out to their local malls, shopping centers, and discount stores to try to take advantage of annual Black Friday sales and specials, one of the biggest concerns for parents will be finding toys for their children that are not only entertaining, but also safe. Just in time to kick off this year's Christmas shopping, the annual "Trouble in Toyland" report has been released. The "Trouble in Toyland" report identifies toys that are potentially dangerous and compiles a list to help parents make informed decisions when purchasing.

According to ABC 25, the report lists 25 potentially dangerous toys and identifies their harmful components. As our West Palm Beach injury lawyer knows is often the case with dangerous products, these toys are often difficult to identify as dangerous just by looking at them. For example, several of the toys on the list, including a Tinkerbell watch, a plastic bracelet, and a toy Honda motorcycle were identified as containing lead. Others contained parts small enough for a child to choke on but lacked any warning label to alert parents to keep those toys out of the reach of small children.

As is always true, this list of potentially dangerous toys is certainly not exhaustive. Just because a toy is not on the list does not mean that it is free from all risks. Parents should always be tuned in and watching for any possible dangers, and proper supervision is essential to ensuring that children stay safe during play time. Even toys that do not pose any risks in their original condition can become unsafe with use and over time. For example, eyes can fall off of teddy bears and become choking hazards or a deflated balloon or inflatable toy can create a suffocation risk.

Even so, we often do rely on manufacturers to provide products that are safe and to provide warnings if those products carry any serious risks with them. Florida products liability law allows injured consumers to bring a cause of action against manufacturers for product defects that make the product unreasonably dangerous when used as intended or in a reasonably foreseeable way. Sometimes those defects occur as a result of problems with the manufacturing process, and other times those defects are the result of poorly designed products. Additionally, some products are required to include a warning label alerting purchasers to the dangers inherent in use of the product. Either way, manufacturers are required to be vigilant about the safety of their products and to compensate people who are injured when those products do not live up to the standards required by law.

If you or a loved one has suffered injuries as a result of a defective product, you may be entitled to compensation from the manufacturing company. Give our office a call today to set up a consultation with our West Palm Beach personal injury lawyer Attorney Eric Luckman. He is experienced with personal injury law and can help you determine what your case is worth and how best to move forward from where you are.

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Safety Recall for Over 1 Million Swimming Pool Drain Covers

Florida Supreme Court Decisions Often Affect Florida Injury Lawsuits

According to a report on CBS 12 News in West Palm Beach, various swimming pool equipment manufacturers have issued a massive voluntary safety recall of swimming pool drain covers after the discovery that the covers could cause swimmers to get trapped on the bottom of the pool and drown. The drain covers in question are flat and relatively small, so a person's body could completely seal off the cover, creating a suction force so strong that he or she could not get free.

Efforts to protect swimmer from drains gained national attention several years ago after news spread about a little girl named Virginia Graeme Baker, who drowned when she got stuck to the drain cover in a hot tub. Two grown men attempted to pull her to safety, but the force was so strong that they could not budge her. Another family almost lost their little boy, when a similar incident occurred in the family swimming pool. In that case, the boy's mother was able to shut off the pump externally and then retrieve her son from the bottom of the pool. Even so, it was a close call, and another minute could have been the difference between life and death. If you ever are faced with a similar situation, be sure to run and turn off the pump, as this will be the best chance of saving the person who has been trapped. The force of the pump can be equal to several hundred pounds of force, and most people simply are not strong enough to free someone from that kind of pressure.

Our West Palm Beach swimming pool injury attorney knows how vital it is to remedy any safety defects in your swimming pool right away. Although many public pools are going to be closed so that the covers can be replaced, private home pools are not subject to as much regulation and could continue to operate without the drain covers being changed. Most homeowners probably do not even know what brand of drain cover they are using in their pools. If you have a swimming pool, you should hire a professional pool maintenance specialist to come and see if your drain cover is one of the recalled brands. Checking it yourself can be difficult and dangerous.

Among the brands affected by the swimming pool drain cover recall are the following: A&A Manufacturing; AquaStar Pool Products, Inc.; Color Match Pool Fittings; Custom Molded Products; Hayward Pool Products; Pentair Water Pool and Spa; Rising Dragon USA; and Waterway Plastics. These manufacturers hail from all over the United States, including California, Tennessee, Arizona, Georgia, North Carolina, and New Jersey. Even if you purchased your drain cover in Florida, it may have come from one of these manufacturers.

If you or a loved one has suffered an injury or death as a result of a faulty drain cover, you may be entitled to compensation from the manufacturer. Manufacturers are responsible for defects in the design of their products that make those products unreasonably dangerous when used as intended or in foreseeable ways. According to the report, most of the drain covers in question were made between 2008 and 2011. Local restricts injured parties to filing personal injury or Florida wrongful death claims within certain limited periods of time, so do not delay. Call our West Palm Beach product liability lawyer today for a consultation to determine what your rights are and how to get you the compensation you deserve.

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Florida Supreme Court Decisions Often Affect Florida Injury Lawsuits

Our Palm Beach injury attorney understands that a crucial component of the job of a lawyer is to understand all the ways that a client may recover for their losses. This often requires keeping up to date with all relevant legal decisions that may have ramifications for injury victims in our area. Most of the time this means that the lawyer needs to understand precedents in a given area of the law. These include previous cases and ruling on particular issues such as when a lawsuit must be filed, who can be sued, and other issues. In the vast majority of cases a court is bound by that precedent and must apply the rule decided in a previous case. However, in rare instances, an attorney is called upon to argue on behalf of a client in an area in which no previous rule has been created.

For example, one high profile case recently decided by the Florida Supreme Court explains how a Florida injury lawyer may be used to advance a novel position that either challenges a previous precedent or decides and rule that has yet to be commented upon. Because of the severe damages caused to those who are exposed to asbestos, Florida personal injury attorneys have used the courts to protect the legal rights of victims.

Last month, the Supreme Court of Florida decided the case American Optical v. Spiewak that will affect the ability of asbestos victims to recover in Florida courts. The case was about the validity of the Asbestos and Silica Compensation Fairness Act [the Act], passed in 2005 by the Florida legislature. The Act made it more difficult for victims of asbestos exposure to make a claim in court, because it added an additional fact that must be proven before a Florida court can award damages. Victims now are required to show that they not only have a lung disease resulting from exposure to asbestos, but also that they have a "malignancy" or "actual physical impairment" that the asbestos exposure caused.

The Act also requires that the asbestos exposure be a "substantial contributing factor" to the victim's injuries. While this sounds great on paper, in reality this makes it much more difficult for victims to recover on an asbestos-related claim. Under the Act, even a finding by a doctor that a victim's illness is "consistent with" asbestos exposure is not enough. This high degree of proof imposes a significant burden on victims attempting to recover in Florida courts with the assistance of personal injury attorneys.

The personal injury plaintiffs in American Optical v. Spiewak filed their lawsuits before the Act was passed in 2005. The plaintiffs understandably felt that they should not be required to prove the additional facts required by the Act, since they filed suit before the Act went into law. Recognizing the unfairness of depriving the victims a recovery for their asbestos-related injuries, a Florida court ruled that the Act would not apply to the plaintiffs. Therefore, the plaintiffs were not required to prove that they had suffered a malignancy or actual physical impairment that was substantially related to asbestos exposure. Other Florida courts had ruled differently on this issue, so the Florida Supreme Court decided to clear the air.

The Supreme Court sided with the plaintiffs and ruled that the Act could not retroactively prevent the victims from recovering for their injuries. The Court correctly said that a cause of action, or the legal basis of a lawsuit, is a property right that can only be interfered with by the legislature under limited circumstances. The Court concluded that the Act retroactively impaired the vested rights of the victims in their cause of action for recovery of damages. This was a violation of the Florida Constitution's Due Process clause.

American Optical v. Spiewak highlights the way in which all legal advocates, including our Palm Beach injury attorney is capable of using the legal system in a variety of ways to zealously advocate on behalf of clients. Our Florida personal injury law firm is similarly committed to pursuing all available avenues to help victims of a wide-range of injuries receive compensation for their losses caused by others.

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