Florida Personal Injury Lawyers Blog

October 8, 2012

Pharmacy Responsible for Meningitis Outbreak in Ocala Issues a Voluntary Recall of All Products :: Whittel & Melton

by Whittel & Melton, LLC

The New England Compounding Center, a pharmacy located in Framingham, Massachusetts that distributed a steroid linked to an outbreak of fungal meningitis has issued a voluntary recall of all of its products.

The NECC announced the recall Saturday, claiming they were doing so because of the potential risk of contamination. As of now, they have no indication that any of their other products have been tainted.

The Food and Drug Administration has warned all health professionals not to use any of the products distributed by the center.

According to the Centers for Disease Control and Prevention, as of Sunday night, there have been 91 confirmed cases of fungal meningitis. This rare outbreak has affected nine states and left seven people dead.

The states with reported cases of fungal meningitis include Florida, Maryland, Indiana, North Carolina, Ohio, Tennessee, Michigan, Minnesota and Virginia.

Health officials are working to notify anyone who may have received an injection. At this time, it is unknown exactly how many people have been affected, though it could involve hundreds even thousands of people who received the steroid injections for back pain from July to September of this year.

The NECC is apparently fully cooperating with investigators.

While fungal meningitis is not contagious like its more common bacterial and viral counterparts, it can cause serious injuries and even death.

According to the CDC, those infected suffered from the following symptoms approximately 1 to 4 weeks after their injection: nausea, headache, fever and a neurological deficit consistent with deep brain stroke. Health officials claim that the steroids may have been contaminated by a dangerous fungus found in leaf mold. In the state of Florida, at least four meningitis outbreaks have been confirmed by the CDC.

The following products distributed by the NECC have been recalled:

Methylprednisolone Acetate (PF) 80 mg/ml Injection, Lot #05212012
Methylprednisolone Acetate (PF) 80 mg/ml Injection, Lot #06292012
Methylprednisolone Acetate (PF) 80 mg/ml Injection, Lot #08102012
Possibly contaminated products were received by the following facilities in Ocala, Florida:

FLORIDA PAIN CLINIC – 3241 Southwest 34th Street Ocala, FL 34474
MARION PAIN MANAGEMENT CENTER – 1737 Southeast 28th Loop Ocala, FL 34471
SURGERY CENTER OF OCALA – 3241 Southwest 34th Street Ocala, FL 34474

October 5, 2012

Volusia County Student Hit by Car Adds to Ongoing Problem of School-Area Crashes :: Whittel & Melton

by Whittel & Melton, LLC

A Deltona, Florida student became the 10th student to be injured this year after he was struck by a car while riding his bicycle Thursday morning.

The driver was cited in the crash.

While the 11th grader only suffered minor injuries, Volusia County school officials said that children being injured by cars – two fatally – has been an ongoing problem in the area for the last two academic years.

School and community leaders in the area began researching the problem after 27 students were involved in collisions in the 2011-2012 school year. School officials decided to combat the issue with heightened awareness and law enforcement around the county’s schools.

Drivers were found to be at fault in about half of the incidents, but students’ not looking before crossing the street seems to be a contributing factor as well, according to a schools spokeswoman.

Another high school student was hit by a driver Tuesday while getting off the bus.
The motorist heading in the opposite direction apparently failed to stop when the school bus signaled it was stopping by flashing its lights. The student suffered a broken leg.

None of the injuries this year have been fatal, just minor injuries from bumps and bruises to broken bones. The collisions took place while students were biking or walking within a mile of their school.

Out of the 27 injured last year, 10 accidents occurred in Orange City, where a high school student was killed as he was walking to school in February. He was one of two students killed.

A safety zone was implemented to control the high number of accidents. The majority of victims were middle school students, but children as young as third graders have suffered injuries.

As children head back to school, it is important for all drivers to be extra cautious of the increased number of children walking or biking on sidewalks and streets. According to the National Highway Traffic Safety Administration, 59,000 pedestrians were injured in 2009. Of those injured, 13,000 were age 14 and younger. When traveling through residential areas and school zones, it is essential for all drivers to be on the lookout for children walking, biking or playing in the street as it is not uncommon for kids to unexpectedly dart out into traffic.

As a parent, it is important to teach your children the rules of being a safe pedestrian. Regardless of whether you are walking to school with them or if they are making the trek solo, there are certain safety rules children should be aware of.

• How to Cross Safely at an Intersection. Teach your child to never cross the road unless there is an intersection or crosswalk. Not only is this a safety measure, but it is the law, so make sure they follow it accordingly.

• Always Cross the Street with an Adult. Children younger than 10 should never cross the street alone. If you are unable to accompany them on their jaunt to and from school make sure another adult is. Holding a child’s hand when crossing the street can prevent them from running off and into oncoming traffic.

• Safety in Numbers. If your child is older and capable of walking without you, it is best for them to do so with a group. This is for safety reasons, as it is easier for motorists to spot a group of children as opposed to one.

• Use Sidewalks When Possible. All pedestrians should use the sidewalk if one is available. If not, remind children to stay on the shoulder of the road, facing traffic and as far away from moving vehicles as possible. If your child is riding a bicycle, explain to them that different rules apply. Bikers must always ride with traffic.

• Always Look Left-Right-Left. Before crossing the street, children as well as adult should always look left, then right, then left again. Explain to children that they should follow this rule at all times in case negligent drivers fail to follow traffic laws.

• Traffic Signals. Teach your children what the traffic signals are and what they mean. Show them how the buttons work and when it is safe to cross. Constantly remind children that just because the signal may say it is safe to walk, they should always look left-right-left before venturing out into the crosswalk. Do this with your child every time you walk with them to enforce good habits.

September 25, 2012

Three Boys Airlifted to Brevard County Hospital Following ATV Crash :: Whittel & Melton

by Whittel & Melton, LLC

Mims, Florida – Three teen boys were injured in an ATV crash Saturday afternoon in Brevard County after apparently crashing into each other on a road in Mims.

The boys, ages 14 and 17, were airlifted to a nearby hospital. One of the boys was thrown from the all-terrain vehicle during the collision.

Updated information on the boys’ condition is not available at this time.

The trio was issued a ticket for driving illegally on a public road. Two were also cited for careless driving and the youngest boy was ticketed for not wearing a helmet.

According to the Consumer Product Safety Commission, ATV accidents caused 115,000 injuries and contributed to more than 300 deaths in 2010. While ATVs and 4-wheelers can be exciting forms of transportation, they place drivers and passengers at an increased risk for severe injuries and even death. After an ATV accident takes place on a public road or in a rural area, a thorough investigation must be conducted to preserve critical evidence. Determining the exact cause of your accident may help you recover the compensation you need to move on from severe injuries, including:

• Head Injuries
• Spinal Cord Injuries
• Broken Bones
• Paralysis
• Amputation
• Neck and Back Injuries
• Scars and Disfigurement
Many of the ATV accidents that occur throughout the U.S. each year involve adults over the age of 18, but in the last 10 years the number of children and teens killed in ATV crashes has increased by 88 percent. Statistics compiled by the CPSC show that while children under the age of 16 only make up 15 percent of all ATV riders, they have accounted for 27 percent of ATV injuries and 28 percent of ATV-related deaths. Many of these accidents and injuries are caused by other motorists, riders failing to wear proper safety equipment and even negligent manufacturers.

September 22, 2012

Construction Worker Rescued from Tampa Accident Site :: Whittel & Melton

by Whittel & Melton, LLC

A man was airlifted to a local hospital in Tampa Friday morning after firefighters rescued him from a construction accident under the Interstate 75 overpass.

The man was apparently working on the construction site when an unknown accident took place around 11 a.m.

He was apparently working in a 9-foot deep ditch when the wet dirt gave way and buried him.

His current condition is unknown.

Construction workers have one of the most dangerous occupations in the United States. According to the Occupational Safety and Health Administration, one in ten construction site workers are injured on the job every year across the U.S. In fact, there are nearly 150,000 construction site accident injuries every year, according to the Bureau of Labor Statistics. If you were injured while working on a construction site, you may be able to seek financial compensation for damages.

While injured construction workers may face limited rights under the state of Florida’s Worker’s Compensation Laws, there are ways to obtain compensation from the negligent parties that contributed to your injuries. When an accident on a construction site occurs, the owners, architects, insurance companies and manufacturers of equipment may be held accountable for failing to supply workers with a safe environment. In general, the contractor and any subcontractors are required to supply workers with a reasonably safe site, free from hazardous objects and toxic substances. Additionally, they must properly train all employees, enforce building safety codes, warn all employees of any danger zones and coordinate job safety. Despite various safety regulations, workers face many risks when on construction sites resulting in numerous injuries every year.

Many serious work-related injuries are due to falls from great heights. However, even something as minor as tripping over a misplaced piece of piping can deliver devastating injuries. The most common construction site injuries include:

• Broken Bones or Fractures
• Traumatic Brain Injuries
• Spinal Cord Injuries
• Burn Injuries
• Electrocution
• Amputation
• Scarring and Disfigurement
• Wrongful Death

September 17, 2012

Young Boy in Critical Condition Following Diving Accident in Altamonte Springs :: Whittel & Melton

by Whittel & Melton, LLC

A 5-year-old boy remained in critical condition Wednesday after falling off a 10-foot diving board at an Altamonte Springs high school.

The child had apparently joined the aquatics team and was learning to dive.

According to police, the child slid under a handrail and fell off the side of the board around 4:45 p.m. Tuesday. He suffered severe head trauma after hitting the pool deck.

An estimated 13,000 diving-board related injuries occur every year that are serious enough to require emergency medical care, according to the Consumer Product Safety Commission. Diving board injuries can happen while mounting the board, while on the board or even during a dive off the board. Despite the causes, diving board accidents can result in severe and catastrophic injuries, including:

• Traumatic Brain Injuries
• Spinal Cord Injuries
• Neck and Back Injuries
• Broken Bones
• Paralysis
• Lacerations, Scrapes and Bruises

The medical care required to treat such debilitating injuries can be quite expensive. As the victim of a diving board accident on someone else’s property, you may be entitled to recover monetary damages for your losses.

September 7, 2012

Fan Falls Three Stories to His Death at Reliant Stadium :: Whittel & Melton

by Whittel & Melton, LLC

Houston, Texas — A 45-year-old fan attending last Thursday’s preseason game between the Houston Texans and the Minnesota Vikings fell from an escalator to his death at Reliant Stadium.

According to reports, the fan fell due to horseplay. He was allegedly attempting to slide down the handrail on an escalator when he fell three stories to the pavement. He was taken to Memorial Hermann Southwest Hospital and was pronounced dead on arrival.

Houston officials are further investigating what they called an accidental death.

Stadiums, theme parks and arenas generally host all kinds of music concerts and sporting events that encourage rowdy and energetic behavior. This lively atmosphere combined with the consumption of alcohol can lead to serious injuries, and in some cases death. While an accident may be the result of careless or reckless behavior, the owner of the venue has a responsibility to provide a safe environment for visitors and spectators. Your injury could be the result of negligent security, an unsafe number of people in the venue or any other form of negligence.

The Florida Injury Attorneys at Whittel & Melton are equipped to handle various personal injury and wrongful death cases at amusement or theme parks, water parks, sports venues, concerts and other public events, including:

• Slips, Trips and Falls Due to Slipper or Wet Surfaces
• Equipment Defects
• Obstructed Walkways
• Poorly Maintained Buildings
• Falls from Elevated Heights
• Sexual Assault or Battery
• Parking Lot Injuries
Any accident at a stadium, concert arena or theme park can lead to serious injuries such as broken bones, spinal cord injuries, brain injuries, lacerations, head trauma, neck and back injuries and internal organ damage that can leave you or a loved one in extreme physical pain and left to deal with exorbitant medical bills. The wrongful death of a loved one can leave you and your family facing emotional and financial struggles you do not deserve.

August 31, 2012

Wynona Judd’s Husband Loses Leg in Motorcycle Smashup :: Whittel & Melton

by Whittel & Melton, LLC

Country music singer Wynona Judd’s husband, and drummer for her band, lost his leg recently in a motorcycle collision in South Dakota.

The accident occurred when Judd and her husband, Michael Scott “Cactus” Moser, went for a ride together on separate bikes before one of her scheduled concerts.

According to reports, Moser’s left leg was severed at the accident site and doctors in Rapid City, South Dakota, amputated the leg above the knee. He also underwent surgery for his hand.

Moser apparently collided with an oncoming vehicle.

Judd was not involved in the accident.

Suffering an amputation can be devastating. Losing a limb can affect your job, social life and everyday routine tasks. A victim may need numerous surgeries and months of physical therapy. While medical benefits may cover some of the initial hospital bills and therapy costs, future medical bills, prosthetics, lost wages, pain management medications and other costs can add up quickly. The Florida Injury Attorneys at Whittel & Melton work aggressively to help amputation victims gain the compensation they need to cover any and all costs related to their accident injuries.

Nearly 22 percent of amputations are performed after a person has endured serious suffering as a result of a car accident or a workplace injury. Sadly, most amputations are performed on bikers injured in motorcycle collisions. Anytime someone loses a limb it changes their life forever. Recovering from an amputation can be a never ending battle, as a person is forced to deal with both physical and emotional pain. In addition to the pain and suffering caused by the loss of a limb, the financial load can be a heavy burden to bear. On average, the medical cost of an amputation adds up to around $91,000, not to mention the estimated $510,000 for lifetime medical treatment and ongoing care.

August 26, 2012

Insurance Companies Poised to Work on Property Owners Damage Claims as Hurricane Isaac Approaches Florida :: Whittel & Melton

by Whittel & Melton, LLC

According to news release by Farmers Insurance Group of Companies, including Foremost Insurance, 21stCentury and Bristol West, the company and its subsidiaries are prepared to work with property owners as Hurricane Isaac makes landfall in Southern Florida this weekend and passes through the Florida panhandle, Alabama and Mississippi coasts this week. The worst damage may be to coastal communities like St. Petersburg, Clearwater, Sarasota, Spring Hill, Crystal River who get the high winds and water at the edges of the Hurricane and Storm conditions.

Famers Insurance will organize claims adjusters to cover any and all affected areas once Isaac hits land.

Farmers Insurance instructs its customers in Isaac’s anticipated path to stay up to date with the latest weather reports and begin making crucial arrangements.

Appropriate contact numbers for customers with damage after Isaac hits can be found here.

Friday marked the 20th anniversary of Hurricane Andrew, a storm that wreaked havoc on south Florida in 1992. With Hurricane Isaac swiftly approaching, this could be the first hurricane Florida has seen since 2005. If you plan on riding the storm out at your home, make sure you have the following essentials on hand:

• At Minimum, 5 Gallons of Water
• Flashlight with Additional Batteries
• At Least Several Days’ Worth of Non-Perishable Food Items – You Can Never Be
Too Careful
• Battery-Powered Radio with Extra Batteries On Hand
• Cell Phone Along with Chargers
• Have an Evacuation Plan Set in Place and Follow Any Evacuation Orders
While you may think that you have your emergency kit ready for when Hurricane Isaac strikes, the Florida Hurricane & Storm Damage Attorneys at Whittel & Melton would like to remind you of the preparations you may not think about in regards to making a hurricane claim on your insurance policy. We recommend documenting your home and commercial properties by taking pictures of every room of your house or business. This includes documenting your personal property. Take multiple photographs from multiple angles, so that in the event that your home suffers even slight damage you can be sure that your claim won’t be denied due to lack of documentation. The good thing about photographing your property and personal items is that you should only need to do this once.

It is important to be aware that keeping good records can speed up the settlement of your claim. When compiling your room-by-room inventory, try and record the manufacturer’s names, dates and if at all possible, the price of the items and where they were purchased. If you can, locate your receipts and document the serial numbers, manufacturers’ names, dates of purchase and prices. Make sure you are completely ready for a hurricane or tropical storm by taking the time to document your properties, as this could save you and your family much time and frustration after the storm.

August 20, 2012

What You Need to Know About Mesothelioma :: Whittel & Melton

by Whittel & Melton, LLC

Mesothelioma is a form of cancer that is generally caused by asbestos exposure. Asbestos is a group of minerals that form naturally in the environment as bundles of fibers that are resistant to heat, fire and chemicals. Unfortunately, inhaling or swallowing just one of these fibers can cause the malignant cancer known as mesothelioma. Symptoms associated with mesothelioma can occur slowly, and may not appear until 15-50 years after exposure. Every year across the United States, an estimated 2,500 to 4,000 patients are diagnosed with mesothelioma.

Mesothelioma usually attacks the outer linings of the lungs or chest cavity, the belly, the sac around the heart or the bowels. This terminal cancer has been known to cause a “pneumothorax,” which is a complete collapse of the lung. There is no known cure for mesothelioma, and sadly, most patients diagnosed with this cancer are given less than a year to live.

Identifying the point of exposure to asbestos can be very difficult as the long latency period makes it tough for patients to accurately remember where or when they may have been exposed to asbestos particles in the air. For the most part, cases of mesothelioma have been linked to asbestos exposure in the workplace. Asbestos exposure can result from performing the following activities in the workplace:

• Insulating Pipes
• Milling or Mining Materials
• Continual Maintenance of Railroad or Automotive Brakes
• Handling Roof Shingles, Flooring Materials, Cement Gaskets and Similar Products
• Fireproofing Ships and Buildings
Diagnosing mesothelioma can be challenging as symptoms are non-specific and can be indicators of other minor health problems. Symptoms of mesothelioma can include coughing, wheezing, difficulty breathing, chest or back pain, chronic hoarseness, difficulty swallowing and swelling of the face and arms. Many people experiencing symptoms similar to these believe they are suffering from a common cold and not something far more serious. The only way for a physician to properly diagnose mesothelioma is to perform an X-ray and CT scan of the chest cavity.

August 13, 2012

Florida Ranks Dead Last in Insurance Regulation Report Card Due to Recent PIP Reform :: Whittel & Melton

by Whittel & Melton, LLC

In a state-by-state ranking of regulatory departments conducted by the R Street Institute, Florida received the lowest point total, receiving a grade of F, in the think tank’s first ever “report card.”

The report, released in June, compiled points through 14 categories, doling out the lowest point total of any state in the U.S. to Florida, -32 points.

According to Online Auto Insurance, Florida’s major deductions arose from the category of “politicization.” Point deductions were received by states where industry regulation was a main campaign topic. Florida was deducted 6 out of the maximum 10 points because of new changes in its personal injury protection coverage. This reform was a major campaign topic for Gov. Rick Scott who said the system was inflating car insurance rates in Florida.

Four other states were deducted the same amount of points or higher for the category of politicization.

While the institute did commend Florida’s efforts to change the PIP system, they added that the “comprehensive reform package” approved by legislators also presented certain rate restrictions. Under the new PIP system, insurers will have to explain why the reforms did not allow them to reduce rates by at least 10 percent by October 2012 and by at least 25 percent by January 2014.

Florida received additional low marks for how it handled territorial ratings. Florida is one of 10 states that allow insurers to use where a person lives to determine their rates. According to the institute, Florida “enforces restrictions on the use of territory that are much more stringent than the norm.” This finding resulted in a maximum deduction of 5 points in the report card’s “territorial rating” category. Florida’s territorial ratings were set in place in 2006.

While landing at the bottom of the pile, the Sunshine State still managed to perform well in other categories including “fraud enforcement” for which the state reaped the maximum number of five points. Only three other states were awarded the same points – New Jersey, New Mexico and California.

As of July the new PIP reform in Florida includes the following:

• Statewide anti-fraud task force
• Tougher licensing standards for medical clinics
• Wider use of long-form accidents reports
• Tougher penalties for providers caught defrauding the system
While these changes are in new policies now, drivers in Florida won’t see major changes to their PIP coverage until 2013. Starting Jan. 1, those injured in car accidents will have 14 days to seek initial treatment. Currently, there is no cutoff period for when an injury victim must obtain medical care. Additionally, only those diagnosed with an “emergency medical condition” by medical doctors, osteopathic physicians, dentists, physician assistants or advanced registered nurse practitioners will be eligible for the full $10,000 PIP benefit. Those suffering less serious injuries, will only receive $2,500, despite spending the same amount for this “no-fault” coverage. Note, Florida drivers will stay pay the same amount as before, only now receiving less coverage.

The benefits of the PIP changes could take months, possibly years to happen, so lawmakers have warned drivers not to expect their insurance rates to drop anytime soon. Insurers want to see if the number of fraudulent claims and lawsuits decrease before determining whether rates can be reduced without affecting their bottom lines. However, as part of the law, insurers must either decrease PIP premiums by 10 percent or clarify why they cannot by Oct. 1. Never mind of course, the amount of money insurance companies will pay on future PIP claims does not appear to be a consideration on whether or not our rates will be reduced…troubling.