Jacksonville Personal Injury Lawyer - Defective Products

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

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

Medtronic Is In The News Again

Eddie Farah — Sat, 27 Sep 2008 01:23:00 GMT

This time patients and doctors need to be aware of a substance used to promote bone growth during spine-repair surgery. “Infuse Bone Graft” has led to complications, largely during the “Off-label” use of the drug, according to the Wall Street Journal.

The FDA has reportedly received 38 adverse health reports over four years. When the drug is used in surgeries on the cervical spine around the neck, it can lead to swelling of the neck and throat tissue. For patients that means compression in the airway and some patients have had difficulty swallowing, breathing, and even speaking.

Every year, an estimated 500,000 undergo spinal-fusion to repair and stabilize damaged discs. Also used to treat conditions such as scoliosis, which is a curvature of the spine, the Infuse Bone Graft has become a best seller for Medtronic, averaging about $815 million in the year that ended in April.

Remember Medtronic is the same company that had to issue a recall of some of its defibrillators because they were prone to running out of battery power. Medtronic also had to recall a line of defibrillator wires which delivered multiple shocks and in some cases death. The company had to settle more than 2,600 lawsuits concerning battery depletion for about $114 million.

The company is also known for paying doctors for "consulting" and seminars. Conflicts-of-interest are common and justified within the industry.

Many drug companies have adopted a new "transparency" attitude to disclosing these relationships - but until you can go to an online database and see which doctor has received what - ask your practitioner if he or she is on the receiving end.

You don't want to find out after the fact.

Originally posted at InjuryBoard by Eddie Farah

Two Gas Stations Fined Half Million for Shorting Customers

Eddie Farah — Sat, 01 Mar 2008 23:32:33 GMT

You could say that two Kingsland truck stops were busted this month.

Two weeks after state inspectors found that the pumps were shorting customers in the amount of gasoline they pumped, the fuels are now flowing after the owner agreed to pay a $500,000 fine.

On February 12th there was actually a fuel pump lock down at the two stations.

That was done by the Georgie Department of Agriculture which oversees that the pumps work properly. They have now been properly calibrated to ensure they deliver what you pay for.

The owner is Global Energy USA LLC. It's not quite as bad as a half million dollars. Half of that will be suspended if the company agrees to pay by the rules- that is give people what they pay for at the pump. With the price of gas these days, we don't need to be further gouged.

But Global Energy may also be facing criminal charges after the Georgia Bureau of Investigation finishes looking into the matter.

And there is a $5 million class-action suit which is pending against Global Energy in U.S. District Court.

Originally posted at InjuryBoard by Eddie Farah

MySpace Teens in Trouble for Felony Child Pornography

Eddie Farah — Thu, 17 Jan 2008 13:37:54 GMT

A young teen poses nude and a friend put the image on their MySpace page. It probably happens more often than us parents would like to think.

Afterall social networking is an easy way to stay connected to people and avoid the unpleasantries of face to face encounters.

But a Jacksonville Beach teen could be facing felony child pornography charges after the innocent prank.

The mother of a Fletcher Middle School student decided to check her daughter's MySpace page.

That is probably a good thing to do from time to time.

She followed the link posted by another student and that led to photos of kids having fun. But there was also at least one sex video and some "disturbing photos".

She contacted police who have downloaded evidence, have contacted corporate MySpace to try and retrieve internet records to find out who is responsible.

They believe they are all jeuveniles. Sex charges will be pursued against an individual and distribution of child pornography is a felony. The sex site has been taken down.

Meanwhile Fletcher is offering "Family Night" on January 24th to teach local parents how to avoid this problem for their young teens. It is not a bad idea to join a social network and yes, spy on your kids from time to time. Consider the alternative.

Originally posted at InjuryBoard by Eddie Farah

Friday Deadline for Thousands of Tobacco Cases

Eddie Farah — Fri, 11 Jan 2008 15:17:56 GMT

An estimated 5,000 to 10,000 cases will be filed in Florida courts today under a deadline set to file lawsuits for smoking related illnesses.

A 2006 state Supreme Court decision decertified a class-action punative verdict of $145 billion, the largest award ever granted against the tobacco companies, but directed injured smokers to file individual lawsuits.

Smokers all over Florida who got sick from 1990 to 1996 are eligible to file suit naming R.J. Reynolds, Brown & Williamson, The American Tobacco Co, Philip Morris and Lorillard.

The Engle case as it's known was brought on behalf of thousands of Floridians.

The lawsuit, named for now-deceased pediatrician Howard Engle, found that a) Tobacco companies were negligent; b) Their products are defective and unreasonably dangerous; c) Cigarettes are addictive; d) Cigarette companies conspired to conceal health and addiction information with the intention of consumer reliance on the misinformation; and e) Cigarette companies were liable for breach of express warranty.

The suit also established that cigarette smoke caused 16 different diseases including lung cancer, emphysema, heart disease, and others.

Re-proving negligence established by the Engle case will not have to be addressed in the individual trials. But litigants will have to prove that their illness was caused by tobacco use. They will also be judged on how much individual responsibility they have for smoking in the first place.

All Florida citizens and residents, and their survivors, who have suffered, presently suffer or who have died from a tobacco-related illnesses can file a lawsuit if the condition first manifested itself by the cut-off date of November 21, 1996.

For more information on this subject, please refer to the section on Defective and Dangerous Products.

Originally posted at InjuryBoard by Eddie Farah

Aqua Dots Confiscated at the Borders

Eddie Farah — Wed, 26 Dec 2007 23:58:25 GMT

While in Australia, they are celebrating a return of the new improved toy, Aqua Dots, in the U.S. there is still a ban on the product.

But that hasn't stopped a few unscrupulus importers from trying to bring them into this country- especially just before Christmas. Fortunately border agents confiscated shipments in Savannah, Seattle, International Falls, Minnesota and Norfolk just in time. But that does not mean they caught all shipments.

Parents should be aware that the recall is still in place in the U.S.

In November, the Consumer Product Safety Commission along with maker Spin Master of Toronto, voluntarily recalled 4.2 million of the toys because a coating on the beads contained a chemical that can turn toxic if put in the mouth. The coating contains butanediol that turns into a chemical similar to date rape drug GHB in the presence of water or in the mouth. Children can become comatose or have seizures.

That happened to a 20 month old who had to be hospitalized. He has fully recovered. Another child was in a comatose state but also has recovered. In all, nine U.S. children and three in Australia were made sick by Aqua Dots.

Australia get its beads from Moose Enterprises and they are also made in Hong Kong. Moose Enterprises says it has assurances from the toy maker that the new product is safe. They plan to begin distributing the toy known there as Bindeez, early next year as the ban has been lifted.

Originally posted at InjuryBoard by Eddie Farah

Ford Explorer Lawsuit Tentative Settlement

Eddie Farah — Fri, 07 Dec 2007 11:34:05 GMT

A class action lawsuit involving 800,000 Ford Explorer owners may be over.

A Sacramento County judge has tentatively accepted a deal to settle the cases stemming from the bad publicity the vehicle received over rollover dangers. That caused the vehicle to decline in value and owners from four states joined in the class action.

Anyone who bought an Explorer from 1991 to 2001 may be eligible for a $500 voucher to purchase a new Explorer or a lesser amount to buy another Ford product.

The actual personal injury and wrongful death cases concerning the Explorer will still continue.

Earlier this year the California lawsuit representing about 400,000 Ford Explorer owners, went to trial saying the company knew the vehicles had a tendancy to rollover.

Last October the case seemed to be close to a deal with Ford refusing to admit any wrongdoing.

"Ford believes that what the evidence in this trial showed, and what resulted in a settlement, is that the Explorers that were in question here were the safest compact SUVs on the road for the era," said Ford attorney Malcolm Wheeler of Denver.

Tab Turner is an attorney for the plaintiffs.

"The evidence of this vehicle speaks for itself. If this was a great vehicle, they wouldn't be settling the case," he said.

The lawsuits were filed after more than 250 died when Bridgestone/Firestone tires failed on Explorers. Ford blamed the tires, the tire company blamed Ford. Because of all the bad publicity Explorers lost about $1,000 in value. the settlements request that Ford continue to warn the public about the rollover dangers of SUVs and not claim they are safe in ads.

The final hearing will be in April.

Originally posted at InjuryBoard by Eddie Farah

Second Taser Death in Two Days

Eddie Farah — Wed, 21 Nov 2007 13:29:01 GMT

We've been told that tasers are a useful tool for law enforcement to subdue agitated people.

But in the last two days in Jacksonville, tasering has resulted in two deaths.

In the latest case, a man got into a wreck in the Springfield area Tuesday afternoon. The driver then got out of his vehicle and began fighting with another man.

The sheriff's office now says the man, Conrad Purvis Lowman, 35, had been drinking and using cocaine and marijuana that day. They called his condition excited delirium, that causes hallucinations and aggressive behavior which could have been a factor leading to his death.

Officers tasered Lowman twice but he continued fighting.

Other officers who arrived at the scene could not get the man subdued.

"He kept fighting 'em," said R. J. Montigny, who witnessed the fight. "The guy Tased him a couple times -- it didn't even faze him. They finally got one handcuff on him and kept trying to roll and kept fighting with them."

After checking the man's vital signs he was taken to Shands where he later died. An investigation will look at how many times the man was tasered but witnesses say it was at least three.

In the second death, a 21-year-old was pulled over in the Mayport area Sunday night because his radio was too loud. But Christian Allen and his passenger ran. An officer caught up with Allen and tasered him before putting him in the back of a patrol car.

Reports are the officer used the taser gun at least three times. Allen had a heart attack in the back of the vehicle and died at the hospital a short while later. Toxicology tests are being conducted on Allen.

Cardiologists have long warned that 50,000 volts from a taser interrupts heart rhythms and can cause sudden death.

For more information on this subject, please see our section on Wrongful Death.

Originally posted at InjuryBoard by Eddie Farah

Toxic Toys Recalled Again

Eddie Farah — Wed, 07 Nov 2007 23:26:39 GMT

Wal-Mart thought Aqua Dots were so cool that the toy made the Top 12 List for Christmas.

The Canadian distributed toy has been on store shelves since April.

Now about four million Aqua Dot toys are being recalled because they contain a chemical that can, if ingested, lead to coma or seizures.

You guessed it- the chemical beads are made in China.

The toy is a craft item and comes with small dots or beads that have a coating of a non-toxic glue. The game is to spray them with water and configure them together in different shapes.

"The problem is a chemical on the beads," CPSC spokeswoman Julie Vallese said. "If ingested, it turns into a toxic substance. Children who swallow the beads can become unconscious, have respiratory depression, or seizures."
The U.S. safety agency received two reports of children who swallowed Aqua Dots and became unconscious, the spokeswoman said. The children have since recovered.

Australia had the same problem and recalled about one million toys. When three children there became ill after swallowing beads, it was discovered that a substitute chemical solvent, butanedoil was introduced in a Chinese factory during manufacturing. That chemical can metabolize into the date rape drug.

You are strongly urged to take this toy away from children immediately. The toy has the Spin Master distribution label on it and has also been distributed throughout Canada.

For more information on this subject, please refer to the section on Defective and Dangerous Products.

Originally posted at InjuryBoard by Eddie Farah