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Those who suffer from sleep apnea may be prescribed to used mechanical ventilator devices so that they continue to breathe while sleeping and avoid being woken up multiple times throughout the night.

Sadly, in June of 2021, the main manufacturer of CPAP and BiPAP machines, Philips Respironics, recalled 4 million of its devices because they have been found to cause cancer, pulmonary fibrosis, and lung injury.

These affected devices use sound abatement foam liners that are made from polyester-based polyurethane, which can break down into smaller particles that can be inhaled or ingested quite easily. The foam has been found off-gas toxic chemicals that can cause nausea, vomiting, stroke, liver and kidney disease, cancer, serious respiratory issues, as well as myocardial infarction.

The VA has distributed around 600,000 of these recalled CPAP/BiPAP machines to veterans across the country. If you have used one of these mechanical ventilator devices and have suffered from any of the above-mentioned injuries/illness, then you may be eligible to recover financial compensation. We strongly urge you to call our Phillips CPAP/BiPAP/ASV Device Recall Lawyers at Whittel & Melton today at 866-608-5529 or contact us online for a free consultation so that you can find out more about whether or not you have a claim for compensation.

What Machines Have Been Recalled?

  • DreamStation ASV
  • DreamStation ST, AVAPS
  • SystemOne ASV4
  • C Series ASV, S/T, AVAPS
  • OmniLab Advanced Plus In-Lab Titration Device
  • SystemOne Q series
  • DreamStation CPAP, Auto CPAP, BiPAP
  • DreamStation Go CPAP, APAP
  • Dorma 400, 500 CPAP
  • REMStar SE AutoCPAP

What Should I Do If I Have Used/Using One of These Devices?

Many military veterans suffer from Post-Traumatic Stress Disorder and obesity, which are two leading causes for sleep apnea. For years, many vets have used CPAP or BiPAP machines to help them breathe while sleeping, and now the recall has made these products defective. If you have used a sleep apnea machine, then you may be wondering what to do next. There are several things you can do right now, the first being to sign an online petition for the VA to improve their quality control measures. Second, register with Philips Respironics so that you can be eligible for a replacement device when they are available (this could take up to a year). And perhaps the most important step to take is to contact our Phillips CPAP/BiPAP/ASV Device Recall Lawyers at Whittel & Melton today at 866-608-5529 or contact us online so that we can begin helping you formulate a strategy for building a claim for damages.

While most recalls advise patients to stop using the defective product or drug, this recall is different. If you are currently using one of the machines listed above, then you should contact your doctor about whether or not it is in your best interest to stop using the machine.

What About My Disability Benefits?

We understand that as a veteran you have fought long and hard for your benefits. You may be concerned that you will lose these benefits if you stop using the device prescribed. However, this recall is unique and your benefits will not be affected if you stop using your CPAP or BiPAP machine. The same is true if you have applied for benefits and have a pending application. Continue reading

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Hurricane Ida brought destruction to Louisiana and the Gulf Coast, leaving millions without power for what is projected to be weeks, wreaking havoc on homes and business properties, and weakening the societal infrastructure that is needed to keep things running safely and smoothly. This has left many wondering what’s next? It is important to be prepared for what Mother Nature has in store for the coming weeks for the Atlantic and Southeastern states.

Hurricanes are named alphabetically at the start of every hurricane season in June. The names are always predetermined by the National Weather Service. The letter “I,” is the ninth letter of the alphabet and the ninth storm of the season that typically occurs at the end of September. 2021 has been an active storm season, but Hurricane Ida occurred roughly a month ahead of schedule and was one of the most powerful storms the United States has seen. It now joins the ranks of other powerful “I” storms, 2004’s Ivan and 2017’s Irma, which is one that Floridians remember well.

A look back at 2020 shows that this was also an active hurricane season, bringing 30 named storms, 14 hurricanes (7 major hurricanes), 11 named storms hitting the U.S. coastline, and then Greek letters being used for names as the busy hurricane season came to a close.

key-west-86025_1920-300x199Taking a peek back at the previous years of storms shows a disturbing trend: an increase in named storms and an intensity that is ferocious. Hurricane Ida went from a Category 1 Hurricane to a Category 4 Hurricane on the Saffir-Simpson Hurricane Wind Scale too quickly for most to develop a plan of action to protect themselves and their property from the storm that intensified from 85 mph to 150 mph in less than 24 hours. With that said, Floridians are urged to not only prepare for more storms, but more storms that are dangerous forced that could end in great destruction.

Storm names remaining for the 2021 season are: 

  • Larry
  • Mindy
  • Nicholas
  • Odette
  • Peter
  • Rose
  • Sam
  • Teresa
  • Victor
  • Wanda

What Do You Do After a Hurricane?

After surviving a powerful storm, don’t be shocked when your own insurance company denies your claim. Your insurance company may have a laundry list of reasons they provide as to why your claim will be delayed or outright denied. Continue reading

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A 44-year-old woman is currently in critical condition suffering from a brain injury after she was struck by an “L-shaped” piece of metal that dislodged from a roller coaster at Cedar Point.

The woman was apparently waiting in line for the Top Thrill Dragster when the metal piece that is about the size of an adult male’s hand struck the back of her head.

Bystanders described the metal bracket as a giant Jenga block.

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Posted in: Amusement Park Injury
Updated:

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Whittel & Melton is pleased to announce that its founding partner Jason M. Melton has been named to America’s Top 100 High Stakes Litigators® again for 2021, an annual listing that highlights the most exceptional attorneys throughout  the country in high value and high stakes litigation matters. Jason Melton has been distinguished among his peers for 2020 and 2021 as America’s America’s Top 100 High Stakes Litigators®. 

logo-150x150-1In order to be considered for the high honor of America’s Top 100 High Stakes Litigators®, an attorney must meet specific criteria, including litigating business matters for a plaintiff or defendant with at least two million dollars at stake. Candidates are then screened meticulously through data analysis of their professional experience, litigation experience, their case results, their peer reputation, their high stakes litigation matters, and the impact they have on their community. Once they are ranked accordingly, less than one-half percent (.5%) of active attorneys throughout the country will receive the high honor of being named an exclusive and high level top litigator. To learn more about this great achievement, click here. 

Jason Melton is a skilled personal injury, wrongful death, and criminal trial attorney in the state of Florida. He has battled against large insurance companies and major corporations in the civil arena, which has earned him the honor of being a high stakes litigator. Jason has been a past president and treasurer of the Hernando County Bar Association and is active in many local charities, including two annual college scholarship programs that he founded. Jason has also earned an AV Preeminent rating by Martindale-Hubbell, and has been listed among Florida’s Super Lawyers. He is a founding member of the National Academy of Motorcycle Injury Lawyers and was named Top 20 Motorcycle Injury Lawyer in the United States in 2020. Continue reading

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With back to school season here it is important to address the driving challenges this brings, such as more congestion near schools and in neighborhoods, more yellow school buses on the roadways, more kids and parents walking, and just the added need to exercise a bit more caution. New teen drivers hitting the road to drive themselves to school are an additional safety hazard. Motor vehicle crashes are the second leading cause of death for teens. The CDC estimates that 2,400 teens in the United States between the ages of 13 and 19 were killed in motor vehicle crashes in 2019 and another 258,000 needed to be treated for their injuries at the emergency room. 

Special attention this time of year is very necessary to prevent simple and avoidable accidents. Here are a few safety reminders from our Florida Pedestrian Accident Attorneys at Whittel & Melton to keep you and your loved ones get safely back to school. 

School Buses

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The driver of a girls home van involved in an Alabama interstate crash that killed eight children has filed a lawsuit against trucking companies in California and Georgia as well as another driver, according to reports. 

The federal lawsuit is seeking an unspecified amount of money and involves the director of the Tallapoosa County Girls Ranch who was trying to help free the victims involved in the fiery crash. Two of the women’s children and two of her nephews were killed in the collision. 

The woman was pulled from the van by others nearby and rushed around trying to free anyone else she could, but was unable to because of the flames and damage.

The suit said that all of the children were killed by the fiery crash. In total, eight children ranging in age from 3 to 17 died in the van. 

The woman driver of the van that was rescued from the crash suffered bruises, burns, and severe emotional and mental distress. 

In a separate crash, a Tennessee man and his daughter also died on Interstate 65. 

The lawsuit names the California-based Hansen & Adkins Auto Transport and Asmat Express of Clarkston, Ga., which both were identified by the National Transportation Safety Board as being involved in the crash. The suit also named an Asmat driver. 

None of the companies involved have made a comment. 

truck-602567_1920-300x200The woman was driving the van on the left lane of Interstate 65 heading north when the Hansen & Adkins truck failed to stop in traffic, struck an SUV and swerved into her lane. The van was then struck from behind by the Asmat Express truck, according to the lawsuit. 

The lawsuit alleges that the crash should not have ever happened. The trucks were not equipped with anti-crash safety technology and the drivers were going too fast, distracted or following too closely. 

A preliminary report by the NTSB recounted the crash similarly to the lawsuit, but did not place blame on a certain party or say what exactly caused the wreck. 

You can be the safest driver on the road, but when another driver on the road acts carelessly or negligently, then all bets are off. While any car accident can result in severe injuries, semi truck collisions can result in even more severe injuries or as this case shows, wrongful death. If you have had a loved one pass away as a result of a tragic accident with a semi truck driver, then our Florida Truck Accident Lawyers at Whittel & Melton can help you take the appropriate steps to help you recover compensation for your suffering. While nothing we do can bring your loved one(s) back, it can hold the at-fault party responsible for their recklessness and prevent them from ever repeating their actions. It can also reward you with the financial compensation you need to move forward with your life as best as you can. 

The sad truth is that when a truck accident happens, the truck driver usually walks away unscathed while the other parties involved are not so lucky. The Federal Motor Carrier Safety Administration (FMCSA) has studies that show 87% of all trucking accidents are caused by driver negligence. Negligence can include the following behaviors: 

  • Driver Fatigue
  • Speeding 
  • Distracted Driving 
  • Driving Under the Influence of Drugs and/or Alcohol
  • Inadequate Training 
  • Travelling Too Fast for Road Conditions
  • Unfamiliar with the Roads
  • Cargo Shift 
  • Wide Turns

As legal experts in the field of commercial truck accidents, our Florida Truck Accident Lawyers at Whittel & Melton will thoroughly investigate every truck accident that is brought to us in order to determine exactly what caused the collision. We will start by investigating whether the truck companies involved in the crash and the driver violated any state and federal regulations. We will do this by using the following tools: 

  • Reviewing Truck Log Books
  • Reviewing Truck Maintenance Logs 
  • Drug and Alcohol Tests
  • Looking into Weight Restriction Compliance 
  • Making sure the Company Fulfilled Safety Inspection Requirements 
  • Making sure the Company was in Compliance with Loading Procedures

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Former Cardinal Theodore McCarrick, 91, has been accused of sexually assaulting a teen boy in Massachusetts in June of 1974, making him the highest ranking church official to face charges of this nature. 

He was charged Wednesday with three counts of indecent assault and battery on a child over the age of 14 in Dedham District Court by the Wellesley Police Department. This is his first criminal charge since he has been accused of abusing seminary students in New Jersey years ago. 

The charges stem from an incident at a wedding in June 1974 in Wellesley, Massachusetts.

According to records, the accuser was 16 at the time of the incident and was also abused at other locations in Massachusetts and in other states, including New Jersey.

McCarrick ranked among powerful officials in the Catholic Church for decades until he was removed from ministry in 2018 after the church found abuse allegations against him to hold merit. He was defrocked a year later following accusations that he abused children and adult seminary students.

While the man has been sued several times by men in New York and New Jersey who claim he abused them as children, the statute of limitations has kept authorities from proceeding with any criminal charges. 

priest-3621038_1920-300x169But now, under Massachusetts law, the statute of limitations would have been suspended when McCarrick, who worked in the New York Archdiocese at the time, left the state after the wedding.

McCarrick was the bishop of Metuchen in the 1980s and the Archbishop of Newark from 1987 to 2000. He was then promoted to be head of the Washington, D.C., Archdiocese even though Pope John Paul II was investigating allegations against McCarrick for abusing adult seminary students at a New Jersey shore home for many years.

A Vatican report issued last year alleged that several New Jersey bishops lied in letters to the pope about what they knew about sexual abuse allegations against McCarrick, which helped him have his promotion approved.

McCarrick is accused of abusing children in other pending lawsuits that were filed in New Jersey under a law that suspended the civil statute of limitations on sex abuse complaints for two years, starting Dec. 1, 2019.

McCarrick is currently residing at the St. John Vianney Renewal Center in Dittmer, Missouri, a home for clerics who have committed sexual abuse and other troubled priests, according to reports. Missouri records apparently show that eight registered sex offenders, including two from New York, live at that address.

If you or your son, daughter, stepchild, niece, nephew, or grandchild were sexually abused by a member of the Catholic church, then you may be able to pursue a lawsuit against the perpetrator of the abuse as well as the Church itself. The diocese has an obligation to keep children and others safe from their employers and should conduct a background check on its employees to make sure that priests and other employees are cleared to be around children. Likewise, any allegations made against priests or other employees should be investigated thoroughly to prevent further sex abuse complaints. If the diocese failed to conduct a background check or knew that a priest had a history of child sex abuse complaints against them or had any other indications that raised any red flags, then they can be held liable for their negligence.  Continue reading

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Posted in: Uncategorized
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The CEO of UF Health Jacksonville, 56, was pronounced dead Saturday following an accident on a personal watercraft. Reports indicate that the man was flung from the jet ski he was riding in Palm Beach Inlet. 

According to the Florida Fish and Wildlife Conservation Commission, the man was found in the water wearing a life jacket and was immediately taken to a hospital, where he passed away from his injuries. 

This is all that is known at the time regarding the man’s death. 

man-5320033_1920-300x200Boating, especially in Florida, is a widely popular activity. While there are inherent risks involved when operating a motorized vessel, no one expects to suffer harm when having fun out on the water. Sadly, the U.S. Coast Guard statistics show that in 2019 there were 4,168 boating accidents that resulted in 613 deaths, 2,559 injuries and $55 million worth of property damage. 

Sales of personal watercraft, also known as Jet Skis, WaveRunners, or Sea-Doos, have really surged within the last decade. The leading manufacturers of PWCs are Yamaha, Kawasaki, and Bombardier. Despite the growing sales of these vessels, any design changes or engineering modifications have been minimal despite the upward tick of accidents involving their products. 

Jet skis are very popular throughout the state of Florida, but also much more dangerous than traditional boats. In 2019, jet skis accounted for 20% of the total number of recreational boating accidents that year, ranking second to motorboat incidents.  

Why Are Jet Skis so Dangerous? 

  • Reckless operation: These personal watercrafts are light, but have powerful jet motors that can reach speeds of 65 mph or higher. Because they are easy to maneuver, many operators get overconfident and tend to behave recklessly when taking them out by jumping large waves or weaving in and out of boat traffic. 
  • How they are designed: Because jet skis are small in stature, they can flip over quite easily. When cruising at high speeds, the risk for flipping is even greater. The way that jet skis are designed prevents anything from stopping riders from falling or being ejected from the vessel at any moment. It is also worth mentioning that the steering column of jet skis can strike riders heads or chests when involved in an accident at even moderate speeds. 
  • Riders that lack training: Personal watercraft vessels are generally easy to operate. In the state of Florida, operators must be at least 14 years old and must have successfully completed a National Association of State Boating Law Administrators (NASBLA) approved boating education course or have passed a course equivalency or temporary certificate examination. When operating a jet ski or any vessel with a motor of ten horsepower or more, Florida riders must have their boating education ID card and a photo ID card on them. 
  • Weather: Jet skis fail to offer riders the same protections that other larger vessels do. That said, when stormy weather approaches, these PWCs can be extremely dangerous to navigate and you can be ejected quite easily. 

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A 10-year-old girl was struck by a car and killed while riding her bike Wednesday night across U.S. 192 near Kissimmee, according to the Florida Highway Patrol. 

Reports show that the crash happened around 9:15 p.m. when several children crossed the highway, failing to use an intersection or a crosswalk.

A 71-year-old man driving by hit the child’s bike and she was taken to a hospital for her injuries, but later died. 

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Johnson & Johnson confirmed yesterday that they are recalling five sunscreen products after samples of these products were found to contain small amounts of benzene, which is a chemical that has been linked to cancer with repeated use. 

What Do You Need To Know?

sunscreen-1461332_1920-300x198The products in question are packaged in aerosol cans: 

  • Aveeno Protect + Refresh aerosol sunscreen 
  • Neutrogena Beach Defense aerosol sunscreen
  • Neutrogena CoolDry Sport aerosol sunscreen
  • Neutrogena Invisible Daily Defense aerosol sunscreen 
  • Neutrogena UltraSheer aerosol sunscreen

Any consumers with these products are encouraged to stop using them and to call J&J’s Consumer Care Center for a refund at 1-800-458-1673. There is also further information available on the websites for Neutrogena and Aveeno. 

The recall includes all can sizes of these products and all levels of SPF. These products have been distributed nationwide through various retailers. 

J&J released a statement that the benzene was found by the company doing testing in an independent laboratory. They are looking into how and why the chemical was in these five products. 

J&J is also actively working on getting the five products removed from any retail shelves. 

Benzene is a chemical that is found in the environment and is highly flammable. With repeated exposure at high enough levels, benzene can cause cancer. It is also known to cause damage to the immune system by preventing cells from functioning normally. 

The chemical’s effects can vary from person to person, but symptoms can range from irregular heartbeat, dizziness, convulsions, and death when exposed to very high levels. 

J&J has notified the Food and Drug Administration (FDA) of the recall. The FDA is in charge of regulating pharmaceuticals like over-the-counter drugs and prescription medications as well as food, cosmetics, vaccines, veterinary products, plasma and blood products. 

When dangerous products are taken off of the market for consumers to purchase, then this means the product has been marked as unsafe for use. Just because a product made available for purchase does not mean it is safe, which is something most consumers are unaware of. This is where our Florida Class Action Injury Lawyers at Whittel & Melton can step in and help if you have been harmed by defective drugs and/or devices. We specialize in recalled product liability claims. We also offer free consultations and case reviews so that we can evaluate your potential claim and help you move forward with your legal options. We have the knowledge and resources to represent our clients efficiently and aggressively and are not afraid to stand up to  manufacturers and distributors of defective products or devices.  Continue reading

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Posted in: Recalls
Updated:
Contact Information
MAIN OFFICE AND MAILING ADDRESS HERNANDO COUNTY
11020 Northcliffe Blvd
Spring Hill, FL 34608
Phone: 352-666-2121
Alt: 866-608-5LAW(5529)
Fax: 352-556-4839
Satellite Locations
PASCO
5318 Balsam St #A
New Port Richey, FL 34652
Phone: 727-847-2299
PINELLAS
5107 Central Ave
St. Petersburg, FL 33710
Phone: 727-823-0000
Fax: 727-898-2001
CITRUS COUNTY - INVERNESS
111 W Main St, #303
Inverness, FL 34450
Phone: 352-726-0078
CITRUS COUNTY - BEVERLY HILLS
5 William Tell Ln
Beverly Hills, FL 34465
Phone: 352-726-0078
LAKE-SUMTER
123 N Florida St
Bushnell, FL 33513
Phone: 352-793-9330
MARION-THE VILLAGES
510 Co Rd 466 #201W
The Villages, FL 32159
Phone: 352-369-5334
Fax: 352-556-4839
ALACHUA
5215 SW 91st Terrace
Gainesville, FL 32608
Phone: 352-264-7800
TAMPA - Hillsborough County
4401 W Kennedy Blvd #250
Tampa, FL 33609
Phone: 813-221-3200
PALM BEACH
3700 Airport Rd, #401
Boca Raton, FL 33431
Phone: 561-367-8777
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