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Tougher Driver's License Requirements in North Florida January First

Eddie Farah — Fri, 04 Dec 2009 00:13:24 GMT

Beginning January first, it is not going to be as easy as it has been in the past to renew or replace your driver’s license in the North Florida’s St. Johns County.

It’s all part of the Real ID Act that was passed by Congress on May 11, 2005. Previously the rules were not as stringent, but now residents will have to provide their Social Security number, their identity, and address.

The Act was passed to help prevent fraud and identity theft and to make it more difficult for terrorists to easily assimilate into the general population. Remember 18 of the 19 Saudi nationals that hijacked planes on September 11, 2001, had valid U.S. driver’s licenses.

Here is what you will need to bring with you as a form of identification – a certified U.S. birth certificate (a hospital birth certificate is not acceptable); a valid U.S. passport; a Certification of Naturalization; or a Consular report of birth abroad. You may have to contact the vital statistics department in the state you were born.

For Social Security – bring a Social Security card; or a W-2 form; or a paycheck showing the SS number or a DD-214; or a school record showing the number or lastly any IRS document that shows the Social Security number.

For your residential address you’ll need the address to be on your license or bring a deed, mortgage or Florida voter registration card. The vehicle registration and title will do as well as a W-2 or 1099 form. Also round up a utility bill with your address or a current insurance policy.

If you’ve legally changed your name you’ll need a certificate from the court of a marriage or court order.

St. John’s County officials realize they are going to hear a lot of complaints for the stiffer requirements but the county says its state law was passed to comply with federal law and there is nothing they can do.

36 states will have to be ready to meet the requirement January 1. #

Originally posted at InjuryBoard by Eddie Farah

Supreme Court Lets Stand Ford Explorer $82.6 Million Verdict

Eddie Farah — Tue, 01 Dec 2009 16:37:31 GMT

In 2002, a San Diego woman lost her ability to walk after her Ford Explorer rolled over and its roof collapsed, severing her spine. She was awarded $369 million by jurors who listened to the evidence against Ford.

As frequently happens, a judge and appellate court eventually whittled down the award to $82.6 million.

Monday, the U.S. Supreme Court allowed that judgment to stand, rejecting an appeal from lawyers for Ford Motor Co. They had argued that $55 million in punitive damages was unfair and unconstitutional when you consider that the design of the Ford Explorer met all safety standards set by the government and industry.

It seems that almost weekly we are reporting on Ford Explorer rollovers. It was an Explorer filled with high school students that blew a rear tire sending the vehicle into a rollover that killed four teens on the last day of school in June.

Jurors heard that Ford could have strengthened the roof and avoided catastrophic head injuries for about $20 per vehicle.

Ford was joined by its friends at the U.S. Chamber of Commerce in the appeal. The Chamber usually sides with big business no matter what the issue and no matter how morally questionable the product (asbestos, cigarettes etc).

The Chamber doesn’t want juries to be able to impose punitive punishment on manufacturers. In this case jurors, listening to the evidence decided they wanted to punish Ford for its “conscious disregard” of the safety of its customers.

Luckily the U.S. Supreme Court, the highest court, today refused to hear the appeal of the $55 million in punitive damages.

Maybe to Ford that extra $20 a vehicle doesn’t sound like such a bad investment about now.

Originally posted at InjuryBoard by Eddie Farah

11-Year-Old Dies After Pellet Gun Blast To Chest

Eddie Farah — Mon, 23 Nov 2009 23:56:31 GMT

Mitchell "D.J." Maxwell, 11, of Waycross, Georgia, was at a sleep over Friday night with two other boys at the football coach’s home when he was shot in the chest with a .177-caliber pellet gun. He died in the hospital about an hour later.

Our deepest condolences go out to the Maxwell family at this time. So many think that what is essentially a toy can do no harm. Unfortunately we have all found out otherwise.

The boys were reportedly playing a PlayStation 3 video game when one of the boys picked up the loaded pellet gun and pretended to shoot it. Then the next boy, a12-year-old, took over the rifle and pointed it Maxwell, shooting him point blank range in the chest.

Police report that the boys first tried to stop the bleeding themselves before calling the two adults watching television in the next room. No doubt that delayed treatment. Then when the adults called 911 they simply said the boy was unresponsive but he's breathing."

The 911 operator asked if the boy had asthma. A cousin confirmed he did.

An autopsy will be performed Monday in Savannah at the Georgia Bureau of Investigation. The young boy’s mother says she can’t believe her son is gone.

Mitchell Maxwell Sr., D.J.'s father, said he's dealing with pain and frustration, still trying to come to grips with what happened to his son, an honor roll student at Ware Magnet School where he played on the youth football team.

So many questions need to be asked. Did Ware County 911 respond properly? Without all of the information was the ambulance as quick as it needed to be? What was the resonse time?

Did paramedics perform CPR? Did their actions actually hurt the child’s chance of survival?

A .1777 is capable of producing velocities in excess of 900 ft/sec. and is generally used to kill small game or pests on a farm. This is not a toy and should be treated with the same care as a firearm. No doubt the supervision of these children will be a key to the investigation.

Again, our condolences go out to the family for their loss.

Originally posted at InjuryBoard by Eddie Farah

Gov. Crist Supports Texting Ban This Legislative Session

Eddie Farah — Fri, 20 Nov 2009 00:04:32 GMT

Florida Gov. Charlie Crist has come out with a Legislative wish list for 2010.

He clearly stated he is in favor of a ban on texting while driving this year, adding new momentum for the state Legislature to finally adopt some legislation when they meet in the spring.

At a Cabinet meeting the governor even prodded the head of the Department of Highway Safety and Motor Vehicles to also support a ban. But she stopped short of giving her full support. “We support limiting texting and driving” Julie Jones said.

For too long the cell phone industry has had its way with Floridians, but that is beginning to change. Jones told reporters that she senses there is a shifting intolerance in public opinion for texting, largely because of the number of fatal accidents.

While Florida has no officially tally on those who have died from texting while driving, the best estimate is that 15 were killed and 1,400 injured by distracted drivers in 2008. Those estimates are probably low since the Florida Highway Patrol is just beginning to note on accident reports when distractions contribute to an accident.

More than a dozen bills have been filed for consideration this March. Sen. Carey Baker, R-Eustis has filed two of them. “I think this year, something’s going to pass” he said.

Florida this year has a chance to join 14 states and the District of Columbia that already ban texting while driving. It's time for Floridians to move into this next year with a recognition and a resolve to make the roads safer for all of us.

Originally posted at InjuryBoard by Eddie Farah

Making Health Care Easier and More Affordable

Eddie Farah — Tue, 17 Nov 2009 22:22:08 GMT

When you need to access health care in a hurry in Florida, you might not be thinking about cost comparisons like you would with food or toys.

But consider this. Shop for health care like you shop for anything when you want to save money – wisely. The state of Florida is making it a bit easier.

Many uninsured consumers of medical services in Florida may not know that under law they have the right to reliable and understandable information about their health care charges.

As of January 1, 2009, when the “Health Care Consumer’s Right to Information Act” took effect (SB 1488), consumers were entitled to be provided with a reasonable estimate of charges for any planned non emergency medical service from a health care provider.

The estimate is supposed to be written in lay language that anyone can understand, and should represent the average charge for that diagnosis or procedure. And for facilities not operated by the state, the bill requires them to provide the estimate of reasonably anticipated charges within seven days after the center confirms the individual is uninsured.

The law requires the facility to put a notice in the reception area concerning any discounts or charity discounts, under what condition they are available. A failure to do so subjects the facility to a $500 fine.

Also access the information on the state Web site (www.floridahealthfinder.gov) which lists undiscounted charges for no fewer than 150 of the most commonly performed adult and pediatric procedures.

Bottom line - Transparency in costs will help consumers shop more wisely for health care like consumer goods and lead to greater competition and incentive to keep costs down.

As reducing the cost of health care is on everyone’s mind, forcing transparency in the health care industry is one way we can lower our bills and keep everyone honest. #

Originally posted at InjuryBoard by Eddie Farah

Party House Mom Facing Two Counts of Manslaughter

Eddie Farah — Sun, 15 Nov 2009 23:01:09 GMT

Her lawyer had argued that Diane Katz Santarelli should not be charged with two counts of manslaughter after hosting an open house drinking party that preceded the death of two teens in an auto crash.

But Friday, St. Johns Circuit Judge Wendy W. Berger, refused to dismiss manslaughter charges against Santarelli, 51, saying her action “set in motion a chain of events” that ended January 11 with the deaths of Jesse Calvin Pitts, 18 and Taylor Rae Brennan, 17.

The two St. Johns County teens were leaving a party at the Santarelli home when friends say they were too drunk to get behind the wheel of a 1991 Ford Thunderbird. With Pitts driving, the car veered off State Road 13 near Orangedale and hit some trees, bursting into flames. Both teens died. Pitts’s blood alcohol level was 0.18, more than twice the legal limit.

Santarelli’s attorney says that allowing someone to leave your home intoxicated does not merit a manslaughter charge, and her defense will be that the kids arrived at her house already intoxicated.

But prosecutors say Santarelli allowed, provided, or encouraged minors to drink alcohol at the house party and smoke marijuana, and they say there were a number of parties held prior to this one with Ms. Santorelli present.

Florida Statute 856 says no person who controls a residence shall allow an open house party to take place where minors, under the age of 21, are consuming alcoholic beverages or drugs. Violators can face up to 6 months in prison, unless there is a death. The law imposes a duty of care on the social host to take some reasonable action to prevent anyone under the age of 21 from drinking.

Santarelli is facing two counts of manslaughter, four counts of hosting an open house party and one count of contributing to the delinquency of a minor.

Her pre-trial date is scheduled for December 1. #

Originally posted at InjuryBoard by Eddie Farah

Florida Tops List For Pedestrian Deaths

Eddie Farah — Sat, 14 Nov 2009 23:53:48 GMT

A 42-year-old St. Augustine, Florida woman was killed Friday night after authorities say she walked in front of a moving car.

Glenadine Harding was crossing Florida 207 when she was hit by a Honda sedan about 6:20 p.m. The driver was identified as Jill E. Scott, 55 of St. Augustine.

In a separate accident about an hour later, a man was hospitalized with life-threatening injuries Friday night after he was hit by a car in Northwest Jacksonville at West Moncrief Road near Raines Avenue, waiting for the traffic to clear when he suddenly darted into traffic where he was hit.

Then on Tuesday, a pedestrian was struck and killed by an SUV at the rain-drenched intersection of North Main Street near 53^rd Street. The Times- Union reports the man’s relative identified him as 51-year old James “Jimbo” Hall who didn’t have a car and walked everywhere he went.

Florida has four of the five most treacherous metropolitan areas for walking and is the most dangerous state in the U.S. for pedestrians.

That is the conclusion of the Pedestrian Danger Index, used when assessing the risk of walking in urban areas. Orlando, Tampa, Miami, and Jacksonville, and their surrounding areas, were the top four hazardous cities, followed by Memphis. The top 10 is rounded out with Raleigh, Louisville, Houston, Birmingham and Atlanta.

According to the Florida Highway Patrol, in 2005 there were 576 pedestrians killed in the state, nearly 8,000 crashes that injured pedestrians and 8,626 pedestrian crashes.

The milder weather of Florida weather encourages people to be outside at least nine months of the year in areas that seem to have automobile-oriented development and high-speed cars.

Nationwide 9,000 pedestrians were killed in collisions with cars in 2007 and 2008. At least 70,000 more were injured. Many of those killed were 15 or younger.

This sort of survey puts the burden on metropolitan planners to design communities where people can walk safely.

The safest metro cities that have taken strollers into consideration are Minneapolis-St. Paul, Boston, New York, Pittsburgh and Seattle. #

Originally posted at InjuryBoard by Eddie Farah

Number of Yaz and Yasmin Lawsuits Growing

Eddie Farah — Fri, 13 Nov 2009 19:10:56 GMT

In 2007, Susan Galinis of San Francisco was the happy mother of 3-year-old twins, until doctors put her on the Yaz birth control pill. Four weeks and one day later she suffered a stroke.

Today it’s obvious to see part of her skull has been removed. Doctors had to operate to accommodate the brain swelling following her stroke. Her IQ is 77. She has chronic pain and no short-term memory. Her twins have gone to counselling to deal with the differnt mother who returned from the hospital after six months.

Galinas has sued Bayer HealthCare. Her doctors told her it was Yaz that caused her stroke.

Anne Marie Eakins, 34, a history teacher and mother of two is also suing. She developed blood clots in both lungs in 2007 after starting Yaz. That resulted in partial loss of her right lung.

Yaz is the newest sister to drug, Yasmin, both made by Bayer. Ocella birth control is the generic version that is sold by Teva Pharmaceuticals.

All three oral contraceptives are among the most widely used and involve a combination of ethinyl estradiol with a new type of progestin, drospirenone that has been inked to health problems including strokes, heart attacks, deep vein thrombosis, gallbladder disease, pulmonary embolisms, and death.

Our firm is taking in a number of cases by women who have been hurt by these oral contraceptives which should be taken off the market. With six new cases being filed around the country every day and class action lawsuits being launched around the country, it won't be long before the drug is taken off the market.

Until then, women have to suffer.

The go-to drugs for women under the age of 35 generated sales of about $1.8 billion for Bayer last year. A multi-million dollar ad campaign promises the pill is a quality of life treatment that will improve acne and severe premenstrual depression. Bayer had to spend $20 million correcting those ads after the FDA said the company went well beyond what the drug approval.

Bayer stands behind its oral contraceptives and plans to defend itself vigorously against the rising number of lawsuits filed by lawyers and the women they represent, to hopefully soon bring the marketing of these dangerous oral contraceptives to an end.

Originally posted at InjuryBoard by Eddie Farah

FDA Addresses Medical Errors And $4 Billion Pricetag

Eddie Farah — Fri, 06 Nov 2009 13:29:47 GMT

As we look at saving money on health care spending, Americans should consider drugs, specifically the huge cost of medical errors involving prescriptions.

Medication interactions, a mix-up in the pharmacy such as switching out the wrong prescription, an inability read a doctor’s handwriting, all can lead to drug dosage errors which cost us all about $4 billion a year, not to mention lives and injuries.

Now the Food and Drug Administration (FDA) says it is trying to identify the most serious threats to better understand and get a handle on the problem. Consider this- errors with medication happen often - about 1.5 million errors every year according to a two- year-old study by the Institute of Medicine.

A recent Hearst Newspaper group investigation, "Dead By Mistake" profiles many who lost their lives through medication errors.

It so astonishing that even the new FDA commissioner, Margaret Hamburg, who is a doctor, was stunned by the numbers. She announced a new plan called “Safe Use Initiative” by saying it “doesn’t require a new scientific discovery or a budget appropriation.”

In holding public hearing and gathering information from the public about that problem, the FDA would be wise to speak with personal injury attorneys.

Every week we hear of the adverse events that can occur from drugs, even when they are used as directed of prescribed. Consider Tylenol that can cause liver damage when taken in excess, and the devastating outcomes of drugs when they are not.

Public Citizen is onboard with this scrutiny of package labels, and inserts, and instructions given to dispensing pharmacists. Dr. Sidney Wolfe says that about 99.5 percent of pamphlets are missing critical information.

While medication is supposed to make us feel better and perhaps save lives, patients and doctors forget almost every medication eventually has a side effect. The presumption of safety needs to be challenged.

Instead of relying on a “Pill for every Ill” Americans need to remember that “safe medication” is an oxymoron. #

Originally posted at InjuryBoard by Eddie Farah

25-Year-Old Loses Life In I-95 Explorer Rollover

Eddie Farah — Sun, 01 Nov 2009 21:27:55 GMT

It seems like we are reporting on these Ford Explorer rollover deaths on a weekly basis. Now there has been another.

A 25-year-old Orange Park woman lost her life on I-95 Saturday.

The Florida Highway Patrol reports that Kathleen Lugo was heading south on Interstate 95 in Flagler County when she lost control of her 1999 Ford Explorer SUV and crashed Saturday afternoon around 3:15 p.m. Lugo reportedly tried to pass slow traffic and when she moved to the shoulder of the road she lost control and rolled several times. Not wearing her seat belt, Lugo was ejected from the Explorer and taken to Halifax Hospital where she was pronounced dead. No one else ws injured.

Our condolences go out to the family of this young woman who has left us all too soon.

In 2002, Ford installed a fully independent rear suspension in the Explorer and Mercury Mountaineer leading to more stability to the Explorer which has a high center of gravity and a tendancy to roll.

In 1999, Explorers involved in rollover had non-independent rear suspensions and many of the tires were found to be defective. And in May 2000, the National Highway Traffic Safety Administration (NHTSA) contacted Ford and Firestone about the incidence of tire failures and separating tread in Explorers, Mountaineers and the Mazda Navajos with Firestone tires.

An accident investigator will need to be involved in this case if there could be a cause of action concerning a faulty tire as well as any defects in the Explorer or in dropoff in the pavement along the side of the interstate which may have caused Lugo to lose control of the vehicle as there are still many unanswered questions here.

The one thing that is not unanswered is that seat belt use saves lives. It is now the law in Florida and young drivers have the worst record in using seat belts.

Fortunately in 2009, the second generation of Ford Explorers built from 1995 to 2005, had five among the seven top spots traded in the “Cash for Clunkers” program, with the 1998 model at the top of the list.

That’s little consolation to the family of Kathleen Lugo, but it may mean that one less person loses their lives in these notoriously unstable vehicles. #

Originally posted at InjuryBoard by Eddie Farah