Florida Personal Injury Lawyers Blog

March 28, 2020

Trump Administration Suspends Safety Laws for Truck Drivers | Whittel & Melton

by Whittel & Melton, LLC

The federal administration that oversees regulations for America’s six million professional drivers has temporarily suspended a trucking safety law that’s been in place since 1938.

The Federal Motor Carrier Safety Administration said Friday evening that truck drivers who are moving goods “in support of emergency relief efforts related to the COVID-19 outbreaks” will temporarily not have to follow the hours-of-service laws, which mandate how many hours a truck driver may work.

This is the first time since 1938, when the rule was developed, that it’s been suspended on a national level. It’s common for states and local governments to lift the rule amid natural disasters, when consumers “panic buy” household goods and hospitals need medical supplies.

“Waivers of this type are a common response by FMCSA to natural disasters and crises because trucks delivering food, fuel and medicine are a critical part of the response,” America Trucking Associations spokesperson Sean McNally said in a statement to Business Insider. “This waiver will help keep loads of medicine, supplies and food moving as the country manages this current pandemic.”

Around 70% of the nation’s goods by weight is moved by a truck — so ensuring that they can get to your local grocery store or hospital ramps up in times of crisis.

In its current edition, HOS requires truck drivers to drive only 11 hours within a 14-hour work period. They must then log 10 hours of “off-duty” time. The safety law, which is aimed at eliminating exhausted truck drivers from the nation’s highways so they do not endanger others, is disliked by many drivers. Some say the strict regulations actually disrupt their sleep schedule and make them more likely to drive tired.

According to the FMCSA’s Friday evening emergency declaration, here are the types of loads that are exempt from HOS laws:

Medical supplies and equipment related to the testing, diagnosis, and treatment of COVID-19
Supplies and equipment necessary for community safety, sanitation, and prevention of community transmission of COVID-19 such as masks, gloves, hand sanitizer, soap, and disinfectants
Food for emergency restocking of stores
Equipment, supplies, and persons necessary to establish and manage temporary housing, quarantine, and isolation facilities related to COVID-19
Persons designated by Federal, State or local authorities for medical, isolation, or quarantine purposes
Persons necessary to provide other medical or emergency services, the supply of which may be affected by the COVID-19 response

The coronavirus outbreak, which has been ruled by the World Health Organization as a global pandemic, has seen “panic buying” envelop the nation.

Shipments to grocery and discount retailers increased by 25% last week, according to freight data visibility company Project44. On March 14, a Saturday, that boost was 60%.

Across the country, US sales of hand sanitizer jumped by 228% during the four weeks ending on March 7, compared to the same period last year, according to the most-recently available dataset from retail sales tracker Nielsen.

During January and February, Adobe Analytics, which tracks 80 top online retailers in the US, said sales of cold, cough, and flu products popped 198%, toilet paper grew 186%, canned foods jumped 69%, and “virus protection” items like gloves and masks jumped 817%.

Recent studies show just how damaging coronavirus can be. About 0.1% of people who get the seasonal flu die, but the coronavirus’ death rate is now at about 3.4%. Even those who recover from coronavirus may have 20% to 30% less lung capacity, causing survivors to gasp for breath while walking, doctors in Hong Kong have found.

While there is a demand around the country for supplies ranging from pasta to toilet paper, drastic measures have been necessary. While HOS has lifted regulations, saying putting more trucks on the road and for longer should help, there is a downside to all of this—the very real potential for more truck accidents.

Some of the most deadly motor vehicle accidents involve semi trucks and tractor trailers. The sheer size and weight of these trucks are no match for smaller vehicles such as cars and motorcycles. An accident with a big rig can easily lead to catastrophic injuries and even death.

There are two main factors, aside from weight and height, that are likely to cause deadly truck accidents:

Truck drivers being fatigued and driving for too long, which decreases their focus.

Improper loading, which can create an imbalance that can cause the truck to tip over.

Encouraging truck drivers to ignore how long they are driving as well as lifting weight restriction on these vehicles could truly be a recipe for disaster. Governments are creating dangerous conditions that could result in a surge of truck accidents.

Our Tampa Bay Truck Accident Attorneys at Whittel & Melton know the stress that is on many Americans during this difficult time. If you must be on the road, we urge you to exercise more caution than usual, especially around large trucks. Should you or a loved one get into an accident with a semi truck during this time, you can rest easy that we are working around the clock to help all injury and wrongful death victims. Our offices remain open.

March 23, 2020

Pompano Woman Killed in Collision with Brightline Train | Whittel & Melton

by Whittel & Melton, LLC

A 21-year-old woman died Tuesday when her car was struck by a Brightline train in Pompano Beach, authorities said.

The crash happened shortly after 11 a.m. at the railroad crossing at Northwest Sixth Street and Dixie Highway.

On Wednesday, the Broward Sheriff’s Office identified her body.

March 19, 2020

Cruise Ships Stranded Due to Coronavirus | Whittel & Melton

by Whittel & Melton, LLC

As countries are sealing off their borders to reduce the spread of the novel coronavirus, cruise ships have been left stranded in the Caribbean, South America and Europe, with local governments denying permission to disembark as more cases of infected passengers have come to light.

Some ships have been denied port, leaving them to anchor off the coast of a country. Other cruises have docked with quarantined passengers aboard.

Three cruise ships have confirmed cases of coronavirus on board: the MS Braemar, Silver Shadow and Silver Explorer.

Here is the status of the cruise ships stranded.

MS Braemar

Status: In the Bahamas, heading towards Cuba

A cruise ship with confirmed coronavirus cases is headed to Cuba after days of searching for a place to dock after it was refused several ports of entry in the Caribbean.

Five people aboard the MS Braemar tested positive for the virus, according to a statement from British company Fred Olsen Cruise Lines, which owns the Braemar.

22 passengers and another 21 crew members, including a doctor, are in isolation after displaying influenza-like symptoms while traveling on the ship, Fred Olsen Cruise Lines said.

Until Tuesday morning, the Braemar was anchored about 25 miles offshore in the Bahamas, being resupplied with vital food, fuel and medication.

The United Kingdom entered into discussions with authorities in Cuba and the US to find a suitable port for the Braemar, according to British government sources familiar with the efforts.

Cuba said it will receive the ship. Braemar is now en route to the port of Mariel. The captain Jozo Glavic announced on board that all guests will be repatriated back to the UK by air.

The cruise line said those who are infected will have their own plane.

The cruise line is working with the British Foreign and Commonwealth Office to firm up details, and with Public Health England to confirm further requirements once passengers are back in the UK.

Fred Olsen’s UK office has set up a dedicated Braemar Relative Support team, for those anxious about family members on board.

Fred Olsen Cruise Lines said that once all ships currently at sea return home, the “cruise operation will then pause all ocean cruise operations until 23rd May.”

The British Foreign and Commonwealth Office expressed gratitude to the Cuban authorities for their support.

Silver Shadow

Status: Docked in Brazil, passengers in isolation

A Canadian passenger tested positive for coronavirus Saturday on the Silver Shadow, which is docked off the port of Recife in Brazil, according to Brazil’s state news agency Agencia Brasil.

Royal Caribbean confirmed the case on the Silver Shadow on Sunday.

“Two guests aboard the Silver Shadow have been medically disembarked in Recife, Brazil, and one has tested positive for COVID-19,” Royal Caribbean said in a statement.

The ship’s 609 passengers have been in isolation since Thursday when a passenger showed symptoms similar to coronavirus, Agencia Brasil said on Friday.

One of the passengers who disembarked, a 78-year-old man from Canada, had a fever, cough and difficulty breathing. He was sent to a private hospital in the city.

Silver Explorer

Status: Docked in Chile, one passenger tested positive

The Silver Explorer docked in Castro, Chile, on Saturday after a passenger tested positive for coronavirus, Chile’s Health Minister Jaime Manalich said during a press conference in Santiago Saturday.

An 83-year-old British man is in “good condition” and being treated at the Coyhaique Hospital after testing positive, Manalich said. Royal Caribbean, which owns the Silver Explorer, confirmed the coronavirus case on Sunday.

“One guest aboard the Silver Explorer has been medically disembarked in Castro, Chile, also testing positive for the virus,” the statement said.

The cruise ship is carrying 111 passengers and 120 crew members, according to Chilean officials.

Golden Princess

Status: Cleared to set sail for Australia

While no one has tested positive for coronavirus on the Golden Princess anchored off New Zealand, at least three passengers have been quarantined by the ship’s doctor, according to local health officials.

One passenger developed symptoms similar to coronavirus and was being treated as a suspected case, according to the Canterbury District Health Board. Two other passengers had contact with a confirmed case in the past two weeks.

The ship is anchored in Akaroa Harbor near Christchurch so there could be “precautionary health testing” of guests who traveled on an international flight from Los Angeles. The flight had a passenger who later tested positive for coronavirus in Australia. The cruise line said the airline passenger who tested positive has never been on board its ship.

The passenger with respiratory symptoms tested negative for coronavirus. The Golden Princess was cleared to leave and set sail for Australia.

Norwegian Jewel

Status: Stranded in the South Pacific Ocean, no cases reported

The Norwegian Jewel is searching for a port in the Pacific Ocean after being denied permission to dock at two previously scheduled ports, Norwegian Cruise Line said.

The ship is at sea in the South Pacific Ocean off the coast of Suva, Fiji, as of Sunday evening.

The cruise was scheduled to disembark Sunday in Papeete, French Polynesia, but the port was canceled, the company said. Another scheduled port of Lautoka, Fiji, on March 17 was also canceled.

“We are actively working to find an alternative port and are communicating with guests regularly as we have further information,” the cruise line said in a statement.

Norwegian Cruise Line announced suspension of services from March 13 – April 11. “Voyages that are underway will conclude and guests will be disembarked as soon as possible and assisted with travel arrangements,” said the cruise line in a statement

Pacific Princess

Status: At sea in the Indian Ocean, heading to Fremantle, Australia, but docking rights uncertain

Pacific Princess, owned by Princess Cruises, departed in January for its 111 day around the world voyage.

Stopovers at Bali, Singapore and Phuket were canceled, due to fears over coronavirus.

The Pacific Princess was later refused entry by Sri Lanka while en route.

The ship was refused at the Seychelles, and abandoned its subsequent trek to Zanzibar, as more ports started to close.

The ship is currently heading to Fremantle, Australia, due to arrive March 21.

But Australia has closed ports to cruise ships, so this destination remains uncertain.

Costa Luminosa

Status: En route to Marseille

Two guests on board this ship, one German and one Danish, tested positive for coronavirus, according to Costa Cruises.

These passengers were placed in isolation after displaying symptoms, and later disembarked in Puerto Rico on March 8, where they were hospitalized.

“A third guest was also disembarked after being identified through the temperature check that is performed on board according to protocol,” said Costa Cruises in a statement.

The cruise company said it has suspended operations until April 3, and Luminosa is currently heading towards Marseille, France.

Costa Cruises confirmed that a 68-year-old male passenger with a history of cardiac issues contracted coronavirus. He was disembarked in Grand Cayman, the largest of the Cayman Islands, on February 29. The passenger later passed away.

The Cayman Islands government press release dated March 14 states the patient had two cardiac arrests while on board the cruise ship and was resuscitated, before he passed away in intensive care on Grand Cayman.

Families of those on Luminosa have been active on social media, expressing their frustration.

Cruises to Disembark

The Celebrity Eclipse is anchored in San Antonio, Chile. Celebrity Cruises is working with government officials to provide a controlled disembarkation plan to make sure guests have a way to leave the country, a spokesperson said.

The Azamara Pursuit, which is off the coast of Chile, is working on a plan to disembark passengers and get them home safely. The ship left Ushuaia, Argentina, on March 8 carrying 675 passengers and 389 crew members, Chile’s Health Minister Jaime Manalich said Saturday.

P&O Cruises announced suspension of any new cruises until April 11, 2020, with current cruises currently heading back to Southampton, England.

The Balmoral, another Fred Olsen Cruise Line ship, arrived in Southampton on March 18. Fred Olsen’s Boudicca ship is due to arrive in Dover, also in England, on March 19, while the Black Watch is currently cruising to Southampton, due to arrive on March 17.

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March 17, 2020

Florida Ready to Raise the Minimum Age for Smoking and Vaping to 21 | Whittel & Melton

by Whittel & Melton, LLC

Florida is poised to raise the minimum age for smoking and vaping to 21.

The state Senate on Thursday joined the House in approving a measure that would also ban the sale of vaporized nicotine products used in so-called e-cigarettes.

The legislation now heads to Gov. Ron DeSantis for consideration.

Health advocates said the measure is necessary to protect public health, particularly among young tobacco users.

While smoking among youth has been on the decline in recent years, vaping has surged. The rise has alarmed health advocates who worry about nicotine addiction and the stunting of brain development.

Vape shop operators have asserted that vaping is safer and helps wean smokers off cancer-causing cigarettes.

The U.S. Centers for Disease Control and Prevention has joined other federal and public health agencies in investigating an outbreak of deaths and lung injuries that appear to be associated with e-cigarettes.

As of last month, more than 2,800 such cases have been reported across the United States and its territories in the Caribbean. The CDC said 68 deaths have been confirmed in 29 states and the District of Columbia.

E-cigarettes have been marketed as a safe alternative to smoking cigarettes. E-cig devices work by heating a liquid, typically containing nicotine and other additives and flavorings, into a vapor, which users then inhale. When the aerosol is inhaled this is referred to as vaping or juuling, a reference to a particular brand, Juul e-cigarettes.

E-cigarettes come in many different shapes and sizes and are called various names including e-cigs, vape pens, e-hookahs, vape mods, and tank systems. Vaping has become popular with millions of young people, which is why the state of Florida is taking such measures to try and curb the problem.

E-cigarettes pose a number of avoidable health risks. Most e-cigarettes and vape pens contain nicotine, and no matter how nicotine is delivered, it is addictive and can harm the development of young people’s brains. Likewise, the vapor from e-cigarettes contains harmful chemicals, heavy metals and flavoring additives associated with serious lung disease. Some e-cigarettes contain acrolein, a weed killer, that can cause acute lung injury and may cause lung cancer, according to the American Lung Association

If you or someone you love has suffered an injury from an e-cigarette or developed breathing problems after using a vaping device, you may have grounds to file a lawsuit to recover financial compensation for injuries and illnesses that result because of these dangerous products. Our Florida JUUL and E-Cigarette Injury Lawyers at Whittel & Melton can fight to hold JUUL and other e-cigarette companies accountable for any harm they have caused you or your loved ones. The best first step is to educate yourself about your legal options by meeting with us for a free consultation.

Our attorneys and affiliated law firms at Whittel & Melton have the resources and experience to conduct a thorough investigation of all vaping or e-cigarette related injuries and illnesses. We will fight tirelessly to hold the at-fault parties accountable. You may seek financial compensation for the following types of damages related to an e-cigarette injury:

Medical bills, such as emergency room bills, surgery, reconstructive plastic surgery
Lost wages and future lost income
Pain and suffering
Emotional distress

You may have the right to pursue a lawsuit on your own or take part in a class-action lawsuit against e-cigarette companies. Our Defective Drug and Devices Lawyers are happy to review the specific facts of your case and discuss your legal options for seeking compensation. Our goal is to make sure you are fairly compensated for your suffering.

The first step in obtaining compensation for harm caused by an unsafe e-cigarette product or vaping device is to establish that the manufacturer of the product acted negligently and that resulted in harm to you or your loved one. Our Florida Vaping Lawsuit Attorneys Whittel & Melton understand the types of evidence needed to meet the burden of proof in a product liability case.

March 13, 2020

Governor’s Order Bans Certain People from Visiting Nursing Homes to Stop Spread of Coronavirus in Florida | Whittel & Melton

by Whittel & Melton, LLC

Gov. Ron DeSantis issued an executive order preventing a wide array of people from visiting nursing homes, assisted living facilities and similar sites in Florida in an effort to stop the spread of the novel coronavirus among some of the state’s most vulnerable people.

Anyone who’s traveled internationally, traveled on a cruise ship, is showing symptoms of the coronavirus or has been in contact with someone who has tested positive for the virus is temporarily prohibited from visiting those sites, he said.

The order applies to nursing homes, assisted living facilities, adult family care homes, long-term care facilities and adult group homes across the state.

“These are important efforts to mitigate the risk to our most vulnerable population to COVID-19,” DeSantis said.

The order required facilities to prevent the following groups of people from visiting:

▪ Anyone infected with COVID-19 who hasn’t had two consecutive negative test results cannot visit the facilities.

▪ Anyone showing signs of a respiratory infection cannot visit.

▪ Any person who has or been in close contact with a person infected with COVID-19 who has not tested negative is prohibited from visiting for 14 days.

▪ Any person who has traveled internationally must wait for 14 days from their return to the U.S. before visiting.

▪ Any person who has traveled on a cruise ship must wait 14 days from the date of their return before visiting.

▪ Any person who has been in a community with confirmed “community spread” of the virus must wait 14 days before visiting.

▪ Any person who lives in a community with confirmed community spread is prohibited from visiting.

“No one is exempt from the screening,” Agency for Health Care Administration Secretary Mary Mayhew said.

People throughout Florida, the United States, and around the world are concerned about the spread of the coronavirus, which is officially known as COVID-19. This disease originated in China, where over 100,000 people have been infected and thousands more have died. While the U.S. rate of infection has been relatively low in comparison, the main concern is that the disease may continue to spread, causing serious illnesses and deaths.

A large concern with coronavirus is how it affects the senior citizen population, which raises the question of how residents of nursing homes will be able to fight the spread of the coronavirus, especially since the largest outbreak that has occurred in the United States so far has taken place at the Life Care Center nursing home in the Seattle, Washington area. There have been more than 10 deaths at this facility, and the infection has spread to dozens of people in the surrounding community.

Our Florida Nursing Home Injury Attorneys at Whittel & Melton understand the concerns about how coronavirus infections may affect nursing home residents. We are here to help you and your families understand if negligence was a factor when harm is suffered by a loved one. We know the law as it pertains to infections and other forms of nursing home neglect and abuse, and we can work with you to establish liability and help you pursue your legal options.

The Dangers Of Coronavirus for Nursing Home Residents

It has been determined that COVID-19 is more likely to cause serious harm to the elderly as compared to other age groups. According to researchers who have studied the outbreak of the coronavirus in China, the overall fatality rate for those who are infected is around 2%. But, for those over the age of 70, the fatality rate is around 8%, and it increases to nearly 15% for those over the age of 80. Fatalities are also much more likely for patients who have conditions such as cardiovascular disease, chronic respiratory disease, diabetes, hypertension, or cancer.

Nursing Homes Must Act Responsibly to Control the Spread of Coronavirus

All nursing homes and assisted living facilities are required to have plans in place for disease prevention and control, as well as emergency preparedness plans that address how to respond to an outbreak. Staff members are required to follow proper hygiene procedures, which includes thoroughly washing hands and wearing eye protection and facial masks. Commonly-used areas and surfaces should be regularly disinfected. They must also follow the above listed protocols as outlined by the governor’s order.

Nursing Homes Can Be Liable for Coronavirus Infections

When a nursing home facility fails to follow the proper steps to prevent infections, it may be liable for injuries or wrongful deaths that occurred as a result. If a resident does not receive the proper medical care after contracting an infection, the victim or their family may be able to pursue financial compensation. Claims can also be pursued if the nursing home did not take the proper measures to prevent the spread of infection to visitors to the facility.

Contact Our Florida Nursing Home Coronavirus Infection Lawyers

March 12, 2020

3 Dead in Daytona Bike Week Crash | Whittel & Melton

by Whittel & Melton, LLC

Three people have been killed in a motorcycle crash during Bike Week in Florida, authorities said.

The crash involved three Harley-Davidson motorcycles early Tuesday morning on International Speedway Boulevard in Daytona Beach, according to a police news release.

A 46-year-old woman and a 47-year-old man from New York state were on one bike and killed, as well as a 65-year-old Missouri man on another bike.

The rider of the third bike, a 55-year-old Missouri man, told police that he and the other Missouri man were traveling in one lane while the couple was traveling in another lane in the same direction. The couple crossed directly into the path of the older Missouri rider as he tried to change lanes, leading to a crash that knocked all three off their bikes, police said.

The younger Missouri man’s bike went down after being clipped by one of the other bikes, police said. He was treated at the scene for minor injuries and declined transport to a hospital.

The road was closed for several hours while investigators processed the scene.

Police said no charges were immediately pending.

Riding a motorcycle is about as American as you can get. However, collisions involving motorcycles can be especially risky because bikes are not equipped with the same safety features that most cars have. Motorcycles are much smaller and lighter than cars and because of this, motorcyclists are much more likely to suffer severe injuries in a crash.

If you or someone you love has been harmed in a motorcycle accident, it is absolutely necessary to seek out the legal counsel of an attorney who handles these types of cases regularly. If your accident was caused by the careless or reckless actions of another motorcyclist or the driver of a car, you may be entitled to compensation to help ease the financial burdens associated with the accident, including past and future hospital and medical bills, physical therapy costs, lost wages, past and future economic losses, mental anguish, and pain and suffering. Our Florida Motorcycle Accident Injury Attorneys at Whittel & Melton serves clients who have been injured in motorcycle accidents in cities such as Boca Raton, Fort Lauderdale, Orlando, Daytona Beach, Tampa, St. Petersburg, Clearwater, New Port Richey, Spring Hill, Brooksville, Inverness, Ocala, and Gainesville.

Due to the fact that there is no buffer between a motorcyclist and the force of the concrete of the road, catastrophic injuries often occur when a crash happens, including traumatic brain injuries, spinal cord damage, complex fractures, amputations, and even death. To recover financial damages for injuries in a motorcycle accident, you need to show the at-fault driver exercised negligence. Our Florida Motorcycle Accident Attorneys at Whittel & Melton can help you demonstrate that the other driver or drivers involved acted recklessly when causing the crash, and because of this you suffered damages.

If a loved one died in a motorcycle accident in Florida, you may be able to recover damages through a wrongful death lawsuit. We may be able to help you recover financial compensation for medical bills, funeral expenses, and the mental anguish of losing a family member. Relatives who can recover damages in a wrongful death suit in Florida include a surviving spouse, a minor child, an adult child if there is no surviving spouse, a parent of a minor child, and a parent of an adult child when there are no other survivors specified under the statute.

There are many reasons motorcycle crashes occur, but some are more common than others. Here are the top ten reasons for motorcycle crashes:

Unsafe lane changes
Car doors opening
Inexperienced drivers
Driving under the influence of drugs or alcohol
A sudden stop
Left turn accidents
Speeding
Lane splitting
Head-on collisions
Road hazards

As a motorcyclist, you know that there are preventative measures you can take to eliminate the possibility of a crash. You should wear a helmet, wear bright clothing, and invest in reflectors that shine brighter when illuminated by headlights. The state of Florida requires every motorcycle rider under the age of 21 to wear a helmet. However, riders over the age of 21 have the choice of whether or not to wear a helmet if they can prove they are covered by a $10,000 medical insurance policy to cover any injuries that may arise as a result of a crash. It is important to also note that you should not share lanes. Even though motorcycles are smaller than other vehicles, you must follow the laws and never ride in between lanes of traffic or share a lane with another vehicle.

March 9, 2020

Nursing Homes Facing Challenge with Coronavirus | Whittel & Melton

by Whittel & Melton, LLC

Across the country from Miami to Seattle, nursing homes and other facilities for the elderly are stockpiling masks and thermometers, preparing for staff shortages and screening visitors to protect a particularly vulnerable population from the coronavirus.

The outbreak began in China where the disease has been substantially deadlier for the elderly. In Italy, the epicenter of the virus outbreak in Europe, the more than 100 people who died were either elderly, sick with other complications, or both.

Of the 19 deaths across the U.S. as of Saturday, at least 14 had been linked to a Seattle-area nursing home, along with many other infections among residents, staff and family members. The Seattle Times reported that a second nursing home and a retirement community in the area had each reported one case of the virus.

That has put other facilities in the U.S. on high alert, especially in states with large populations of older residents, such as Florida and California. About 2.5 million people live in long-term care facilities in the United States.

“For people over the age of 80 … the mortality rate could be as high as 15 percent,” said Mark Parkinson, president of the nursing home trade group American Health Care Association.

The federal government is now focusing all nursing home inspections on infection control, singling out facilities in cities with confirmed cases and those previously cited for not following protocol.

Federal rules already require the homes to have an infection prevention specialist on staff, and many have long had measures in place to deal with seasonal flus and other ailments that pose a higher risk to the elderly.

In Florida, where about 160,000 seniors live in nursing homes and assisted-living facilities, mandatory visitor screening is not in place ‘because we’re not at that stage,’ said Kristen Knapp, a spokeswoman for the Florida Health Care Association.

But elder care centers are posting signs urging visitors to stay away if they have symptoms, and are looking into alternate ways for families to connect, such as through video chats, Knapp said.

Concierges in the 14 Florida nursing homes run by the Palm Gardens corporation are now giving all visitors a short questionnaire asking about symptoms, recent travel and contact with others, said company Vice President Luke Neumann.

Neumann said the nursing homes also have purchased extra thermometers in case they need to check visitors’ temperatures and stockpiled preventive supplies, including medical masks, protective eyewear and gowns. In the laundry rooms, they are making sure to use enough bleach and heat to kill any lingering virus germs, he said.

Many facilities across the country have said they were having trouble getting medical masks and gowns because of shortages.

Facilities are stressing basic precautions, including hand washing and coughing etiquette.

Centers throughout the country are also trying to prepare their staff for the worst.

Late Friday night, the DOH announced two Florida seniors who had traveled abroad have become the state’s first residents to die from the coronavirus plus additional presumptive positive cases in Broward and Lee counties.

Both died following international trips.

The World Health Organization has stopped calling the coronavirus (COVID-19) outbreak an epidemic, but the disease is causing serious problems all over the world, including Florida. Treating the illness is at the top of everyone’s priority list, but there are still lingering questions that remain to be answered, including those about negligence and liability. Could a nursing home be held liable for virus-related deaths of its patients? The answer may not be that simple.

What Is Coronavirus?

Coronaviruses are part of a larger family of viruses that cause illnesses in humans and animals. In rare cases, coronaviruses that infect animals make the jump to humans. This is believed to have been the case with the specific virus responsible for COVID-19. COVID-19 presents as a respiratory illness, and symptoms include coughing, fever, and shortness of breath. For those whose immune systems are compromised, the virus can cause serious problems and can even be deadly. The symptoms are quite similar to those associated with the common cold or the flu, which means that a person might be infected with COVID-19 and not even realize it. This is why these cases can be such a huge problem in nursing homes.

Can Nursing Homes Be Liable for Coronavirus Deaths?

A nursing home can be held liable for injuries and deaths to patients if they failed to provide a standard duty of care. This would mean that they did not offer the level of care mandated by local, state, and federal guidelines. In extraordinary situations, as is the case of coronavirus, nursing home facilities are expected to take extra precautions. If they fail to do so, then they very well could be liable for patient injuries or death.

CDC Guidelines

The Centers for Disease Control and Prevention (CDC) has issued guidelines for preventing the spread of the coronavirus in nursing home facilities. To prevent further patients being introduced to the virus, facilities are expected to post signs instructing visitors to stay out if they have symptoms of a respiratory illness. Facilities are also expected to have sick leave policies that allow staff members to stay home if they have similar symptoms.

Furthermore, proper hygiene, such as hand washing and disinfecting procedures, should be used at all times. Residents who are suspected to be infected should be kept away from other residents, and facemasks should be used if they need to leave their rooms for required procedures. Limitations on visitors and outside interactions should also be implemented if and when an infection is suspected.

Potential Lawsuits

There are certain scenarios where the family of a coronavirus victim could be eligible for compensation from a nursing home. If the facility’s sick leave policy encouraged an infected employee to come to work despite being sick, and a resident was infected as a result, the facility could certainly be held liable. On a side note, the employee that came to work even though they knew they were positively diagnosed with COVID-19 but came to work anyway could also be liable.

A victim’s family can also file a personal injury or wrongful death claim if the nursing home facility failed to take proper steps to quarantine patients who were known or suspected to be infected. Nursing homes must follow the CDC guidelines.

March 4, 2020

What You Need to Know for Daytona Beach’s Bike Week | Whittel & Melton

by Whittel & Melton, LLC

For motorcycle enthusiasts in the state of Florida and around the world, it’s time to start your bikes and rev those engines because Daytona Beach’s 79th annual Bike Week is coming to town.

The 10-day event will take place from March 6 to March 15 and will be packed with several concerts, shows and races.

With so many things to keep track of, here is a general list of everything you need to know before Bike Week gets revved up.

General Information

This monumental event has been drawing motorists since 1937. You can start your day off at the welcome center located at One Daytona, right across from the Daytona International Speedway. Daytona Regional Chamber ambassadors will be around to answer any questions you have and will hand out the official pocket guide.

If you’re feeling lucky, a $50 donation will enter you in the official motorcycle drawing for a chance to win a custom Harley Dyna Glide. Only 4,500 tickets will be printed and the drawing will be held at approximately 12 p.m. on March 14.

Traffic and Safety

With so many people attending the big event, the Daytona Beach Police Department put out a traffic warning for visitors to highlight possible congestion areas, road closures and detours.

Expect the biggest crowds to be centered around the Daytona International Speedway, Main Street, Mary McLeod Bethune Boulevard and North Beach Street, especially at night.

Side street traffic heading north and south between Auditorium Boulevard and Harvey Street may be restricted during events. Affected roadways include Oleander Avenue, Wild Olive Street, Grandview Avenue and Hollywood Avenue.

Atlantic Avenue/State Road A1A

Northbound: Turn left (west) on International Speedway Boulevard and then right (north) on Peninsula Drive. Please avoid trying to turn left (west) onto Main Street from Atlantic Avenue.
Southbound: Go to the right lane. Upon reaching Main Street, you may be able to turn right (west), depending on the amount of traffic. If not, continue south and turn right (west) on International Speedway Boulevard, then turn right (north) on Peninsula Drive

Peninsula Drive

Northbound: Remain on Peninsula Drive until you get to Main Street, then turn right (east).
Southbound: Turn left (east) on Oakridge Boulevard to Atlantic Avenue, then turn right (south) and head to Main Street.

North Beach Street

There will be motorcycle-only parking on selected areas of North Beach Street. These areas will be clearly marked by signage.
Expect heavy traffic around Indian Motorcycle Company.

Dr. Mary McLeod Bethune Boulevard

Public parking areas may be restricted to assist with pedestrian safety and vehicle areas may be restricted to assist with pedestrian safety and vehicle movement during event.

Events

March 6-15: Daytona’s 42nd Annual World’s Largest Swapmeet at the Daytona Beach Flea Market. Held from 9 a.m. to 5 p.m. each day. 1425 Tomoka Farm Road, Daytona Beach.

March 6-13: Michael Austin’s Live Music Bike Week Party In The Pavilion a daily concert series inside the Bruce Rossmeyer’s Daytona Harley-Davidson. 1637 North U.S. Highway 1, Ormond Beach.

March 6: The Ultimate Tribute to Van Halen from 6 p.m. to 9 p.m. at the Space Coast Harley-Davidson. 1440 Sportsman Lane NE, Palm Bay.

March 7: Daytona Supercross at the Daytona International Speedway. 1801 West International Speedway Blvd., Daytona Beach.

March 8: Southern Fried Moto Show – Vintage Bikes 1999 and earlier from 11 a.m. to 5 p.m. at the Bruce Rossmeyer’s Daytona Harley-Davidson. 1637 North U.S. Highway 1, Ormond Beach.

March 9: 1st Annual Space Coast Harley-Davidson Bike Show from 10 a.m. to 2 p.m. at the Space Coast Harley-Davidson. 1440 Sportsman Lane NE, Palm Bay.

March 12: Leather and Lace MC Annual Motorcycle Rodeo from noon to 6 p.m. at Leather & Lace MC Clubhouse. 574 West Ariel Road, Edgewater.

March 12: Ruff Ride for the Animals from 11 a.m. to 5 p.m. at the Halifax Humane Society. 2364 LPGA Blvd, Daytona Beach.

March 13: World’s Largest V8 Parade from 11 a.m. to 3 p.m. at the Indian Motorcycle Daytona Beach. 290 North Beach Street, Daytona Beach.

March 14: Daytona 200/Daytona TT at the Daytona International Speedway. 1801 West International Speedway Blvd., Daytona Beach.

Our Florida Motorcycle Injury Attorneys at Whittel & Melton know that motorcyclists are the most vulnerable on the road. Motorcyclists are at an increased risk of injury because they lack the protection of seat-belts, airbags, and the steel frame of a car. For these reasons, we have compiled a list of safety tips for you to follow so that you can stay safe when riding around the streets of Daytona, or wherever your travels take you:

Steer clear of “No-Zones.” Avoid being in a truck’s blind spot or No-Zone. Trucks have large No-Zones on both sides, the front and behind the truck. Truck drivers cannot see you when you ride in these blind spots, which only increases the chances of a crash. The front blind spot is especially dangerous if you need to stop quickly.
Wear a helmet. The state of Florida requires every motorcycle rider under the age of 21 to wear a helmet. Riders over the age of 21 can ride a motorcycle without a helmet if they can prove they are covered by a $10,000 medical insurance policy to cover any injuries that may arise as a result of a crash. Helmets are the most important piece of equipment you can wear while riding a motorcycle. This will be your only source of protection in a serious crash.
Do not share lanes. While motorcycles are smaller than other vehicles, you must adhere to the laws of the road. Never ride in between lanes of traffic or share a lane with another vehicle.
Inspect your bike before you ride. Proper maintenance will help reduce your chance of a crash.
Wear protective clothing. In addition to your helmet, wearing protective clothing including gloves, boots and a jacket will reduce the risk of severe injury if you are involved in a crash.
Obey posted speed limits. Motorcycles accelerate the fastest, so watch your speed, particularly in bad weather or at night.

At Whittel & Melton, our staff of attorneys share the love of motorcycles. We are part of the National Academy of Motorcycle Injury Lawyers and are sponsoring an online giveaway where you could win a Harley! You can enter by clicking here to win a 2020 FXDR 114 Motorcycle or the motorcycle of your choice, up to $20,000.

March 2, 2020

Disney Jungle Cruise Boat Sinks with Passengers | Whittel & Melton

by Whittel & Melton, LLC

The Jungle Cruise ride at Walt Disney World had a mishap last Thursday, which resulted in several passengers sinking with the boat.

According to reports, around midday on Thursday, one of the boats used in the classic Jungle Cruise ride at the Orlando theme park started sinking while filled with passengers.

Witnesses documented the mishap on social media, showing guests still standing inside the boat as the water slowly rose around their legs. All those on board were safely rescued, but later images captured the vessel nearly completely submerged, its canopy roof still visible and what appears to be a lone park employee on board.

The ride, located in Magic Kingdom’s Adventureland area, is for all ages and lasts approximately 10 minutes, according to the official Disney World website, which describes it as a “journey that you won’t soon forget.”

A Disney spokesperson said employees immediately engaged the Reedy Creek Fire Department to respond to the event.

Everyone made it off the boat safely, and staff members worked individually with the guests to ensure the rest of their park visit went smoothly, the representative said. The attraction has since reopened.

According to the official description of the ride, visitors can “Board a canopied tramp steamer piloted by your trusty skipper, who will expertly navigate you through some of the world’s most treacherous waters.”

The beloved attraction is best known for its quirky skippers, who entertain guests with jokes throughout the riverboat excursion. Animatronic wildlife can also be seen along the banks.

Jungle Cruise is set to be adapted into Jungle Cruise the movie this summer. It will star Dwayne Johnson and Emily Blunt and comes to theaters July 24.

When you and your family head to Walt Disney World for a day of fun or an entire week of vacation, you are expecting fun and adventure, not a perilous journey through the parks. Your trip to Walt Disney World can be quickly cut short when a dangerous condition presents itself and your or a loved one suffers an injury. If you have suffered an injury at Walt Disney World or any of its parks, you may be eligible for financial compensation for the suffering you have endured as a result of the accident. When you are injured at a theme park, like Walt Disney World, it is of the utmost importance to discuss your case with an experienced personal injury attorney as soon as possible.

Walt Disney World is comprised of four parks and two water parks: Magic Kingdom, Animal Kingdom, Disney Hollywood Studios, Epcot, Typhoon Lagoon, and Blizzard Beach. Walt Disney World is also the home of more than 20 resort hotels as well as a shopping and dining area called Disney Springs. Park staff must be always on the lookout for any dangerous conditions that could arise and harm a guest. Due to the fact that Walt Disney World is such a large venue and so busy, it is easy for visitors and guests to become seriously injured when an accident happens. There are numerous injuries that can occur on Disney property, including the following:

Mechanical parts failure on rides
Inadequate security
Improperly trained ride operators
Inadequate maintenance of rides
Food poisoning
Hotel injuries
Swimming pool drowning accidents
Animal attacks and bites
Slip and fall accidents
Sexual assault
Bus and monorail accidents
Wrongful death

If you have been injured or harmed at Walt Disney World, our Florida Disney World Injury Attorneys at Whittel & Melton are here to help. Our firm is ready to take on your case and help you recover financial compensation for your injuries. You may be entitled to recover monetary damages for your medical bills, lost wages, emotional distress, and more.

Walt Disney, much like Universal and Legoland, are very large corporations who handle risk and liability on a daily basis, not just with injuries and death, but also employment claims, discrimination, fraud, etc. They have all developed a very sophisticated regime for handling claims as any corporation would after decades of monitoring, settling and resolving these disputes. No Florida attraction is perfect and no case is perfect, but with our experience and our preparation, specifically as it relates to Disney World and its other Florida amusement parks, we feel very confident in handling your matter.

February 24, 2020

Court Rejects Appeal for Hollywood Nursing Home’s License Following Hurricane Irma Deaths

by Whittel & Melton, LLC

A South Florida appeals court has made a decision regarding arguments that the state improperly revoked the license of a Broward County nursing home where residents died after Hurricane Irma in 2017.

A panel of the 4th District Court of Appeal last week rejected the appeal by The Rehabilitation Center at Hollywood Hills. The one-page order did not explain the court’s reasons.

Lawyers for the nursing home asked the court to find that an administrative law judge made a series of errors in recommending that the facility lose its license.

Hurricane Irma knocked out the facility’s air conditioning, with authorities attributing as many as 12 resident deaths to sweltering conditions in the building. But attorneys for the Agency for Health Care Administration contended in a brief that the nursing home’s “abject failure to meet its obligations as a licensed facility and the tragic consequences justify AHCA’ s decision to revoke its license.”

Hurricane Irma made landfall Sept. 10, 2017, in Monroe and Collier counties and caused damage through much of the state. The nursing home lost power to its air-conditioning system, which was out until Sept. 13, when residents were evacuated.

The deaths drew national attention and led the state to move quickly to shut down the facility and, ultimately, revoke its license. Four staff members were charged with manslaughter. Administrative Law Judge Mary Li Creasy in 2018 issued a recommended order supporting the revocation.

While authorities have attributed as many as 12 deaths to conditions at the facility, Creasy wrote that “clear and convincing evidence” was presented during the case that nine of the 12 residents “suffered greatly from the exposure to unsafe heat in the facility.” Following Creasy’s recommendation, the Agency for Health Care Administration in January 2019 issued a final order to revoke the license.

Florida’s current nursing home generator law requires assisted living and nursing home facilities to acquire generators and fuel as a direct result of the Hurricane Irma tragedy. The equipment that they have must allow them to keep the temperature at their facility at 81 degrees or below even if they suffer a loss of power. Small facilities must be able to provide air conditioning for 48 hours and larger facilities must provide power for up to 96 hours after a power loss.

There are additional requirements, such as facilities must create and report an emergency plan to the Department of Elder Affairs, which must be a comprehensive emergency management plan. Additionally, they must also pass an inspection by the Florida Fire Marshall. The Fire Marshall performs an inspection to ensure that the generator and fuel that the facility acquires is adequate to comply with the law.

Just like all other states, Florida’s nursing home laws are set in place to provide patients with specific standards of treatment and basic rights. These laws protect the safety, comfort, and health of nursing home patients.

Nursing home patients are also entitled to certain services such as social interaction and mental health counseling. If you are a nursing home patient or a family member and you feel you or your loved one’s rights have been violated, you should seek the assistance of our Tampa Bay Nursing Home Abuse Attorneys at Whittel & Melton.

Florida laws state that nursing homes and assisted living residents are entitled to a certain set of rights when living at a long-term care facility. These laws ensure that residents are provided a comfortable, safe, clean, and homelike environment. Facilities are required to provide their patients with bedding, clean clothes, and comfortable living quarters. Residents should have access to hot water, clean drinking water, comfortable temperatures, and adequate lighting. Likewise, facilities must be equipped with rails, ramps, and other safety features. These facilities must also provide their residents with nutritious meals, daily exercise, medication, social activities, emergency care, and a living space free from abuse.

In Florida, nursing home abuse and neglect is defined as a caregiver’s failure to meet or provide an individual’s basic needs for things like food, clothing, shelter, hygiene, and medical care. When these basic needs are forgotten, patients are at an increased risk of developing an infection, illness, deterioration, and compromised safety.

Nursing homes and assisted living facilities are also required to provide their patients with a safe environment that is functional, safe, comfortable, and sanitary. When facilities fail to live up to these standards, neglect can happen and result in terrible consequences like the deaths that were seen after Hurricane Irma.