Jacksonville Personal Injury Lawyer - Defective & Dangerous Products - Most Commented

Drywall Lawsuit Filed In Florida

Eddie Farah — Wed, 22 Apr 2009 17:19:00 GMT

There is quite a growing problem in Florida for homeowners who unknowingly bought homes with drywall made in China. A class-action lawsuit has now been brought in South Florida against homebuilder, Lennar on behalf of homeowners.

People claim they are getting sick from the sulfur gas and fumes coming from the dywall used primarily in 2005 and 2006. Many mirrors, metals, electronic equipment, and appliances are being found with corroded wires, the plaintiffs claim results from the drywall.

Many have had to move out of their homes. Lennar is doing what it can to fix the problem and has sued the Chinese drywall manufacturer and distributor.

We are very sorry for the countless people across Florida who bought their dream home and settled in only to find their home was a nightmare. For most of us, the home is where we find peace and relaxation at the end of a stressful day. Not for these folks.

People who have lost property and their health, not to mention a home, likely have a toxic and defective building product. Estimates are up to 100,000 homes in the U.S. may be affected including Alabama, Louisiana and Mississippi.

The results of a state Department of Health investigation as well as uncovering multiple layers of responsible parties, the builder, supplier, and distributor will all need to be uncovered.

Ultimately Lennar as the builder should have shown responsibility for what it was putting in its homes, period. But there are likely others who failed to do their job to ensure that products were of a quality nature and not defective. #

Originally posted at InjuryBoard by Eddie Farah

Raising the Tax On Cigarettes - It's About Time

Eddie Farah — Wed, 19 Nov 2008 23:54:39 GMT

It makes sense. Cigarettes cost the state of Florida about $6 billion a year in exorbitant health care costs associated with smoking - heart disease, cancers and hospitalizations, according to the Alliance for Healthy Florida Campaign.

Productivity on the job decreases among smokers too. This creates a financial deficit for all Floridians.

Nationally, the CDC estimates smoking-related illnesscosts all Americans more than $75 billion a year. About 14 percent of all Medicaid expenses are for smoking-related illness. Since cigarette sales contribute the bulk of the state’s tobacco tax income – increasing the tax may offset some of the burden of cigarettes and smoking.

The American Lung Association estimates that a $1 tax increase on a pack of cigarettes would cause four percent to quit smoking. The state’s youth would likely not start because of the cost, at least fewer would.

The $1 billion raised annually would go to offset health care cuts and fund Florida’s KidCare plan that covers uninsured children. Half would go into general revenues.

With the state in a serious economic downturn and a budget about $6 billion less than last year, it's youth programs, school spending, hospitals and social programs that are taking the hit. Instead of raiding funds from elsewhere doesn’t it make sense to add to tax revenues with a cigarette tax?.

Florida sells more cigarettes than any other state but today the tax is less than 10 percent of the cost per pack, the fifth lowest cigarette tax in the nation. When the state last raised the tax in 1990, it represented one-quarter of the cost of a pack.

Currently there is legislation in the Florida Senate (SB 2790) to raise the tax to $1, matching both Texas and South Dakota.

Senator Jeremy Ring, D-Broward County who co-sponsored the bill states "I see a cigarette tax as an absolute win-win. Any time we can try to get new revenue and at the same time try to halt people from smoking, to me it's an absolute no-brainer."

Florida's Gov. Crist opposes the bill questioning why smokers should bear the entire burden of the tax. Maybe because they are the ones smoking?

Reducing teen smoking and generating an estimated $1 billion in revenue to offset cuts in health care sounds like a win-win for everyone, except smokers.

You can visit Florida Tobacco Tax Web site and sign the e-petition to let lawmakers know your support or opposition.

Originally posted at InjuryBoard by Eddie Farah

Florida Fire Marshall Suspects Chinese Drywall Could Be Flammable

Eddie Farah — Sun, 26 Jul 2009 22:17:13 GMT

As if the problems with the foul smell coming from Chinese drywall in some Florida homes is not problem enough - now we learn that the state Fire Marshal’s Office and the Consumer Product Safety Commission (CPSC) are testing to see if the toxic drywall contributes to fires. The source of two fires is in question and tests are underway by the state.

We already know that the odorous drywall corrodes electrical wires and air conditioner coils.

The CPSC has received 608 incidents reports from 21 states about the Chinese drywall, most of the complaints coming from Florida, Louisiana and Virginia.

The CPSC has issued a status report on Chinese drywall in this country.

It finds that some of the drywall was made with a radioactive phosphorus substance—phosphogypsum—that is banned for use in construction in the U.S. and the health risks of phosphogypsum are uncertain. The analysis of content should be completed by the Environmental Protection Agency by August 21.

CPSC staff is currently pressing for approval to visit China including specific mines and manufacturers.

The CPSC has asked China's General Administration of Quality Supervision, Inspection and Quarantine for a list of all drywall producers that used the LuNeng mine, which is located in the ShanDong province.

It has been confirmed that 5,503,694 sheets of Chinese drywall were imported into the U.S. in 2006 and it's possible there were even more shipments than that.

If you believe your home may have been built with defective drywall from China, your best bet is to hire an injury attorney who can help you keep track of the litigation that is underway. Lawsuits have been transferred to federal court in New Orleans.

With the construction industry suffering in this economic downturn it will be crucial to know which home builders step up to the plate to help consumers. In Florida, WCI and Lennar both have set aside about $40 million for remediation.

That may help rebuild hundreds of homes but residents should take care for the lifetime of health problems that could occur if they choose to continue living in these questionable homes. No amount of money will compensate you for damages to your health. #

Originally posted at InjuryBoard by Eddie Farah

Floridians Receive Confirmation of Defective Chinese-Made Wallboard

Eddie Farah — Wed, 20 May 2009 20:21:01 GMT

Reports of sulfur smelling homes and corroded wiring have been coming into the Florida Department of Health since December.

Now there is official federal confirmation that the Chinese-made wallboard, used in upward of 100,000 homes nationwide, is defective. That was confirmed by Environmental Protection Agency tests, encouraged by Sens. Bill Nelson of Florida and Mary Landrieu of Louisiana.

The EPA confirms that the Chinese-made wallboard contains sulfur and strontium, a metallic element, at ten times the level of U.S.-made drywall. There is also the presence of other compounds usually found in acrylic paint.

Consumers from at least six states complain that the rotten-egg smell has corroded wiring, jewelry and mirrors inside the homes. Others complain of health problems.

The defective wallboard was imported to the U.S. during the 2004 to 2008, when a building boom and post-Hurricane Katrina needs created a shortage.

Now what to do? Sen. Nelson says in a press release, “We’ve got the what, and now we need the why and how do we fix it? In the end, I think all this stuff is going to have to be ripped out.”

The EPA plans to do air sample testing inside affected housing and the Senators are filing for additional funds to cover that.

The Consumer Product Safety Commission has dragged its feet on the problem. As a result, Sen. Nelson has asked for and now received the removal of CPSC head Nancy Nord, which the White House did last week.

That is a good first step to taking this issue seriously and finding some relief for these overwhelmed homeowners who are now joining class-action lawsuits to get some relief.

Lennar Homes is replacing some defective wallboard on its own. Let’s hope they continue being a good neighbor to the poor residents who trusted their name and reputation when they decided to buy a home. #

Originally posted at InjuryBoard by Eddie Farah

Florida Considers Banning Tanning Beds For Teens

Eddie Farah — Fri, 27 Mar 2009 23:42:00 GMT

It’s hard to believe that in the Sunshine State people pay to go into a tanning booth to get sun exposure. But they do, including kids who want to get ready for spring break or a cheerleading competition.

So state lawmakers have filed anti-tanning legislation that would ban those under the age of 16 from being able to go to a tanning bed. The law would go into effect July 1.

Needless to say, shop owners in the state fear an impact on their business and want the state legislature to mind its own business.

“God made us to naturally tan. If you were on an island, you would tan to protect yourself from the sun’s harmful rays,” says Brandi Botts of Tan Lines Studio in Cape Coral to First Coast News.

But lawmakers cite studies that show too much tanning, especially in young people can harm the skin and lead to skin cancer.

Naturally, people don’t like government intrusion in their lives. But experts are beginning to agree that the UV exposure from tanning beds are linked to an increase in the risk for melanoma by 75 percent – according to the Skin Cancer Foundation. The biggest risk is for those who first use a tanning bed before the age of 35.

The World Health Organization doesn’t believe tanning beds are safe for young people and promotes banning their use. The American Academy of Dermatology also believes their use should be restricted.

One girl puts it best in a blog- she knows from the location of the skin cancer she got in her 20s, that it could have only come from a tanning bed.

Originally posted at InjuryBoard by Eddie Farah

Can Mold Kill? Parents Say Yes and File Lawsuit Against Hospital

Eddie Farah — Thu, 05 Feb 2009 21:44:31 GMT

Can mold kill?

The families of three young children say yes, and they’ve filed a lawsuit against St. Joseph’s Hospital accusing the hospital of failing to protect the leukemia patients from mold.

The Tampa, Florida hospital was undergoing an expansion in 2008. The suit charges that mold was stirred up during the construction and that the hospital should have known the children suffered weakened immune systems making them susceptible to infections.

Mathew and Karen Gliddon are suing on behalf of their son Mathew, age 5; Patricia Gunn on behalf of her daughter Kaylie, age 2; and Daniel and Mary Lynn Kesler over their daughter Sierra, age 9, according to the Tampa Tribune.

All of the children suffered acute lymphoblastic leukemia and were in the pediatric oncology section on the second floor of the Clyde Perry Cancer Institute.

Even though the expansion was going on on the ground floor, the lawsuit, filed by Steve Yerrid, said the children were exposed to spores and dust which are airborne infections. All three children developed an infection from the mold, aspergillus. The hospital did use barriers around construction areas and says it filtered the air and monitored ventilation systems.

In an e-mail, St. Joseph's spokeswoman Lisa Patterson said, "We take necessary measures to reduce infections throughout our hospitals."

All three children died in April and May of last year. #

Originally posted at InjuryBoard by Eddie Farah

New Pool Drain Covers Mandated Nationwide By Friday

Eddie Farah — Thu, 18 Dec 2008 23:19:52 GMT

Beginning Saturday, pools and spas that do not have the required anti-drowning drain covers could be forced to close down. The improved safety system was passed by Congress last year and pool and spa owners had a year to comply.

The Virginia Graeme Baker Pool and Spa Safety Act is aimed at keeping kids safer.

She was the 7-year-old granddaughter of former Secretary of State James A. Baker. Graeme, as she was called, was sucked into a spa drain in 2002. Despite a number of adults trying to pull her off, the suction kept her under and she drowned.

Her mother, Nancy Baker says at least the lives of other children can be saved. "This legislation helps give meaning to the tragic circumstances that took her life and the lives of many other children,” Baker said. “It is a tribute to these children and their grieving families that this bill will prevent injuries and death as a result of drowning. Graeme would be honored."

Most adults don’t realize that the bottom of a pool and spa is a hidden hazard for children. At least one person dies each year because of the 400 to 500 pounds of forceful suction of a flat drain in a single-drain pool.

Safe Kids Worldwide , a nonprofit group estimates that 33 kids died in Americans swimming pools under the age of 14 between 1985 and 2004. Drowning is the second-leading cause of accidental injury-related death among children ages 1-14.

The replacement will be a domed shape drain that minimizes the pull in a single area. However the Consumer Product Safety Commission had expected Congress to issue $7 million for enforcement. Since that hasn’t happened, the feds will be relying on the states to make sure pools are in compliance.

The National Swimming Pool Foundation, estimates that about 80 percent of public pools are spas are not in compliance and may have to close.

It’s not cheap to install the new drain covers – from at least $1,000 to $15,000 to install multiple drains, or no drains at all. That won’t matter. The CPSC plans to crack down on violators. The legislation also bans the manufacture, sale or distribution of drain covers that don’t meet the anti-entrapment standards and requires public pools to have additional layers of protection.

Rep. Debbie Wasserman Schultz, D-Fla., was a champion of the legislation in Congress, but the industry fought her earlier efforts.

The industry has known for a long time they were putting out a dangerous product. Common sense would dictate that a drain cover with suction strong enough to hold down an adult, gives children no fighting chance at all. No child should have ever lost their life to this dangerous and defective product design. #

Originally posted at InjuryBoard by Eddie Farah

Botox Lawsuit Filed For Unapproved Uses

Eddie Farah — Sat, 19 Jul 2008 12:35:00 GMT

Allergan, the maker of Botox Cosmetic, makes about $1.2 billion a year from the drug. Plenty to fight the lawsuits that are filed by users who claim they were injured or by survivors of Botox victims.

The latest one, filed in Orange County Superior Court, claim that Allergan failed to warn of the dangers of the drug. Botox is approved to relax wrinkles and for migraines, as well as used unapproved to treat neurological disorders. The cases involve the unapproved uses.

The lawsuit links Botox to three deaths. Last March, a 69-year old Texas nurse received injections for pain in her neck and shoulder and died. In 2004, a 7-year-old with cerebral palsy who received injections to release spasms also died. And a third death occurred just last week in Arizona. After being injected, a 71-year old was unable to swallow, speak, breathe or eat before she died.

Botox has been used for relaxing muscles since the 1970s.The FDA is reviewing reports of one death and other serious reactions to Botox and its competitor, Myobloc.

The most serious reactions are in children who have nerve disorders and are treated to relax arm and leg spasms.

Public Citizen has reviewed patient records and reports that 16 deaths are linked to the use of Botox or Myobloc and that 87 have been hospitalized with life-threatening conditions.

The suit also charges that a dozen other plaintiffs were left disabled with blurred vision and had allergic reactions to Botox that was given for approved uses.

Four years ago, a high-profile Los Angeles plaintiff, the wife of a movie producer, lost her claim against Allergen. Her case for terrible headaches was dismissed.

Botox comes from botulinum toxin Type A, known to interrupt the communication between nerves and muscles.

Allergan says Botox Cosmetic has been used by 15 million around the world and that the product is purified, highly diluted, and safe.

Originally posted at InjuryBoard by Eddie Farah

Soft drink makers settle suit

Eddie Farah — Tue, 29 Aug 2006 20:10:28 GMT

Coco-Cola Co. recently was sued a District of Columbia Superior Court as part of an effort to force soft drink makers to eliminate ingredients benzene, which has been linked to leukemia.

Similar suits are pending in Federal court in Kansas, Massachusetts and New Jersey; and in state court in Florida and California."

Benzene can form in soft drinks, which contain vitamin C and either sodium benzoate or potassium benzoate. Factors such as hear or light exposure can trigger a reaction, which forms benzene in the beverages. Independent laboratory tests found levels of benzene above the federal limit for benzene in drinking water. The FDS is conducting more tests of other brands in sampling from 1995 to 2001.

Plaintiffs added Coke's Value Zero energy drink to the Kansas lawsuit, which also targets Pepsi Cola's Diet Wild Cherry and Kraft Food's Crystal Light Sunrise Classic Orange.

Two smaller companies settled. Atlanta based In Zone Brands, Inc, who makes BellWashers and Preston's Talking Rain Beverage Co denied their product caused any harm. However they agreed to change their ingredients in April and May. They also agreed to refund or replace drinks made. Both companies also agreed to pay $35,000. each.

BellyWashers is a juice drink that comes in reusable bottles featuring such characters, as Spiderman, Scooby Doo, and other well know characters.

Coca Cola spokesman state Value Zero is safe.

More testing is expected by the FDA.

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Originally posted at InjuryBoard by Eddie Farah

Consumers Need To Be Informed About St. John's wort and Cataracts

Eddie Farah — Sat, 12 Dec 2009 15:16:48 GMT

News is beginning to emerge in the popular media that the plant, St. John’s wort may, while being a cure for mild depression, not be good for our eyesight.

Research out of Fordham University finds that in the lab, hypericin, which is the active ingredient in St. John’s wort, may also make the eye susceptible to sunburn, even in visible light, which causes cataracts and macular degeneration. The herb is, in other words, phototoxic to the ocular lens.

If that is true we would expect to see the effects in a large population… and that is exactly what we are seeing.

Using data from the 2002 National Health Interview survey, researchers from the University of Alabama cross-compared St. John's wort use and cataracts and came away with a statistically significant result - participants with cataracts were 59 percent more likely to report SJW use for at least a year.

This is intriguing at the very least and should serve as a red flag for anyone turning to “Nature’s Prozac.”

Unlike medications, the FDA regulates dietary supplements under a different set of regulations. The Dietary Supplement Health and Education Act of 1994 (DSHEA) makes the supplement makers responsible for ensuring it is safe before it’s marketed.

The FDA’s role is to monitor any adverse events that may crop up AFTER the supplement is on the market.

It seems a little like the tail wagging the dog, but the alternative is for the FDA to take on even more regulation, which would have to include aspirin and alcohol, as they both can present dangers if used irresponsibly. In other words, it is a slippery slope to have government regulation over dietary supplement, although no doubt this news will be used to make that case.

The best thing we can do is get the word out on Web sites that provide consumer information such as InjuryBoard, so that anyone who relies on St. John’s wort is an informed consumer.

In the meantime, if you take St. John’s wort, please have your eyesight examined regularly, and consider changing it out with other supplements that are also known to elevate mood.

Originally posted at InjuryBoard by Eddie Farah