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According to British researchers, the use of Topiramate, an anti-epilepsy drug, increases the chances of pregnant women giving birth to babies with birth defects by up to 14-fold-especially when the drug is taken along with the drug Valproate. The study involved 203 women that became pregnant while taking Topiramate (Topamax is the brand name sold by Johnson & Johnson) alone or with other epilepsy medication.

Findings from the study included:

• 18 spontaneous abortions
• 5 induced abortions
• 2 stillbirths
• 178 births
• 16 infants were born with major birth defects
• 4 infants were born with cleft lips or palates
• 4 babies had genital birth defects

However, because the study involved only 203 women, experts have said that there is still statistical uncertainty related to this new data.

Topiramate has caused similar birth defects in animals. The fact that studies of other epilepsy drugs have revealed an increase in birth defect risks indicates that all of these drugs may affect the reproductive process.

Of the approximately 2.7 million Americans with epilepsy, Topamax makes up 1 out of every 5 prescriptions. Doctors say that even though there are risks involved with taking anti-epilepsy drugs, preventing epileptic seizures that would otherwise harm unborn babies-perhaps even more severely than the side effects that use of the drug can cause-is essential.

If you or someone you love was injured because of a dangerous pharmaceutical drug, you may be entitled to personal injury or wrongful death compensation. Drug manufacturers are supposed to test their medications before making them available to users and warn of any adverse side effects.

Our South Florida drug litigation law firm can determine whether you have grounds for a claim. If a drug maker or seller knowingly concealed risks, failed to conduct the proper and full product tests, or neglect to warn doctors and consumers of potential dangers, we know how to investigate any of these factors and prove your case.

Epilepsy drug Topamax linked to birth defects, Los Angeles Times, July 22, 2008

Study links epilepsy drug to increased birth-defect risk, USA Today, July 21, 2008

Related Web Resources:

Topamax
Epilepsy and Pregnant Women, MayoClinic.com Continue reading

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With families and other groups headed on vacation or other activity-related outings throughout the summer months, federal safety officials are reporting the increase of 15-passenger van rollover accidents from June through August. New data from the National Highway Traffic Safety Administration indicates that 31% of all deadly 15-passenger van rollovers occur during this time period. Officials are warning van drivers to execute the proper safety measures to prevent these auto crashes from happening.

The NHTSA says that the chances of a 15-passenger van rollover increases when the vehicle is fully loaded with people and cargo. 50% of 15-passenger van deaths in 2006 occurred in vans that were loaded to full capacity. 59% of those who died were not using seatbelts. While the number of deaths involving 15-passenger vans has decreased over the years, there were still 58 fatalities in 2006.

15-Passenger Vans
While 15-passenger vans are supposedly made to safely transport large groups of people and cargo to and from their destinations, federal safety studies show that the more passengers and cargo are loaded in the van, the greater the chances of a rollover accident happening.

15-passenger vans have a high center of gravity. This gravity center moves up and back the more occupants there are in the van, which increases the chances of the van turning over.

Once a 15-passenger van rollovers, occupants tend to be even more prone to injuries because:

• There is insufficient crash padding to protect passengers when they are thrown against the van
• Lack of emergency exits
• Insufficient structural integrity to prevent the van from collapsing

Traumatic brain injuries, spinal cord injuries, broken bones, major internal injuries, and death can result in rollover accidents.

In South Florida, our 15-passenger van rollover accident lawyers can help you file a personal injury claim or lawsuit against a negligent driver, or, if we find that you operated and loaded the van correctly and you were still involved in an auto crash because of defects in the van’s design or due to vehicle malfunction, we can pursue a case against the van’s manufacturer.

Fatalities to Occupants of 15-Passenger Vans, NHTSA, May 2008 (PDF)

Related Web Resources:

Reducing the Risk of Rollover Crashes in 15-Passenger Vans, NHTSA.gov
15-Passenger Vans: High-Riding Death Traps, SafetyForum.com Continue reading

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A review of lawsuit settlements over the last 4 ½ years by the South Florida Sun-Sentinel found that injury accidents often occur from people falling on Ft. Lauderdale’s older sidewalks. Although city officials have been able to contest many of the lawsuits, taxpayers have had to pay over $680,000 for the cases that the city has had to settle.

There were 35 personal injury lawsuits involving sidewalk accidents in Ft. Lauderdale in 2007. The newspaper’s review shows that the average lawsuit settlement for these cases runs at around $45,350.

Deterioration is an ongoing problem in Florida, which is one of the oldest cities in Broward County. Records show that even the slightest imperfection in a piece of concrete can cause serious injury. Ft. Lauderdale city officials are meeting this week to determine how much needs to be spent over the next several years to repair the sidewalks. The average sidewalk repair can cost around $800.

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In a split decision, the 11th Circuit Court of Appeals in Atlanta has lowered the award amount that the parents of a boy born with serious brain damage in 2003 at the Mayport Naval Station obstetrics clinic in Jacksonville, Florida will receive.

The Florida birthing malpractice award-originally for $60.5 million-to Kevin Bravo Rodriguez’s family had already been reduced to $40.5 million. But the federal appeals court says this amount is also too much.

The court, however, did not dispute that the hospital and staff members acted negligently. As US Circuit Judge Ed Carnes wrote in the decision, “not… whether the government should pay… but… how much it must pay.” The family’s birthing malpractice lawyer plans to appeal the ruling.

With the original award, a judge in Miami ruled that obstetrician Ken Kushner delayed performing a Caesarean operation on Kevin’s mother for too long. Her labor lasted over 20 hours. Kevin wasn’t breathing when he was born. US District Judge Gonzalez first awarded $60.5 million before reducing it to $40.5 million. $10 million had been awarded for economic damages, but because Kevin died, this portion of the award is gone.

This was the largest verdict issued against the government under the Federal Tort Claims Act. If the appeals court decision stands, the injury case will be retried as a wrongful death lawsuit. Although Dr. Kushner was a contracted civilian and not a naval worker, the court also held the Navy was liable for Kevin’s injuries.

Birthing malpractice can cause catastrophic injuries to infants, including:

• Cerebral Palsy
• Facial Paralysis
• Broken Bones
• Bruising
• Brachial Palsy
• Brain Damage
• Wrongful Death

With offices in West Palm Beach, Miami, and Port St. Lucie, our Florida birth injury attorneys have helped many parents recover compensation for the harm suffered by their babies and families because of birthing errors.

Court chops into hospital award, Jacksonville.com, July 8, 2008

Related Web Resources:

Birth Injuries, University of Virginia Health System

Naval Hospital Jacksonville
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In Palm Beach County Court and Palm Beach Circuit Court, Florida, 19 more defective products lawsuits have been filed against ConAgra Foods by plaintiffs that say they contracted salmonella after eating the company’s peanut butter.

ConAgra Foods recalled its Great Value and Peter Pan peanut butters over a year ago following a salmonella outbreak that occurred throughout the US. The Nebraska-based company says a roof leak and a faulty head in its fire sprinkler system is what caused the bacteria to grow in its Georgia plant.

The Centers for Disease Control and Prevention says that the Salmonella outbreak affected about 600 people. The food manufacturing company has already been named as a defendant in numerous other personal injury lawsuits. Thousands of other people may have gotten sick from the tainted peanut butter, but the CDC says that it cannot confirm any cases where there were no stool samples.

In Florida, damages for circuit court cases are capped at $75,000 if the defendant is a corporation based outside the state. County Court damages have a $15,000 cap.

Tainted foods are one of many products that can be cause for a defective products lawsuit if serious injury or death results from eating the contaminated food items.

While most Salmonella cases last four to seven days and do not need medical intervention, some people with Salmonella can have diarrhea serious enough to warrant hospitalization. Serious Salmonella cases can even spread to the blood stream, the intestines, and result in death.

If you or someone you love was seriously injured by a contaminated food or by a defective or dangerous household appliance, electrical appliance, motor vehicle, toy, nursery product, piece of clothing, firearm, medical device, prescription drug, piece of furniture, or another product, one of our products liability lawyers can meet with you to discuss your case.

Tainted peanut butter spurs 19 lawsuits in Palm Beach County, Sun-Sentinel.com, July 1, 2008
Salmonellosis, CDC.gov

Related Web Resources:

Con-Agra Foods

US Food and Drug Administration
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The wife of Timothy Powers, the 49-year-old Vero Beach motorcyclist who was killed in a crash with a tractor-trailer on US 1 on January 24 is suing the trucker and the driver’s truck company for wrongful death.

The Florida Highway Patrol says Powers could not see the truck due to the heavy morning fog. He tried safely laying down his motorcycle but was thrown off as the truck struck him as it tried to make a U-turn. Powers died at the truck accident scene.

In her lawsuit, Jennifer Powers is accusing truck driver Felix Villa of negligence. She also alleges that Torres Trucking & Tree Hauling Corp was vicariously liable for her husband’s death.

According to the Federal Motor Carrier Safety Administration, there were 5,212 truck accident fatalities in 2005-a large truck being defined as a truck with a gross vehicle weight rating over 10,000 lbs.

18-wheeler trucks, tractor-trailers, big rig trucks, large delivery trucks, and other large trucks can be a serious injury hazard to motorcyclists, the drivers and passengers of other cars, pedestrians, and bicyclists if a truck driver is negligent on the road and causes a traffic accident. Trucking companies are prepared to deal with these injury cases, and many of them will act fast to minimize liability on their part.

Our South Florida truck accident law firm is knowledgeable about dealing with large truck companies, their representatives, and their insurance companies, and we will protect your right to financial recovery.

We know how to investigate the truck crash scene and the vehicles involved to prove liability, and we will zealously pursue your compensation for you.

Vero Beach widow files lawsuit against truck driver, TC Palm.com, July 1, 2008

Large Truck Fatal Crash Statistics, 1975-2005, FMCSA.dot.gov

Related Web Resource:

Truck Safety Coalition
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In Ft. Lauderdale, Florida, a 77-year-old worker got hurt when the truck with a 100-foot lift that he was operating turned over. The truck was being used for a routine roof maintenance work.

This is the fifth crane-related accident in South Florida in the last six months. Earlier this month in Miami, a father and son were almost seriously hurt when part of a 318-foot crane collapsed. Also in Miami, five construction workers got hurt and two others died when a portion of the crane dropped 30 floors and smashed into a house. Several days later, two men got hurt in Aventura when a small crane fell onto the roof of a building. Fortunately, no one was hurt in Ft. Lauderdale when, a few days later, part of a crane buckled as workers tried to transport a dumpster.

Construction accidents can lead to serious injuries for workers, many of whom are left with catastrophic injuries, such as severed limbs, spinal cord injuries, and traumatic brain injuries.

Our Florida construction accident lawyers are familiar with the special laws that govern construction sites and we can determine whether anyone-such as a contractor or the manufacturer of a defective machine, tool, or vehicle-acted negligently to cause your injury accident.

Crane accidents are a major cause of injuries and fatalities at construction sites.

Common causes of crane accidents:

• Rigging failure
• Improper crane assembly/dismantling
• Improper crane maintenance
• Improper training to work on a crane
• Defective cranes or crane parts

Contact our Florida construction accident lawyers to find out about your legal options. You may be entitled to recovery for medical expenses, pain and suffering, rehabilitation expenses, and other losses.

Crane Topples Over At Construction Site, CBS4.com, June 24, 2008
Truck with attached crane at Florida mall maintenance job flips, TMC.net, June 24, 2008

Related Web Resources:

OSHA

Accidents highlight crane safety issues, BusinessInsurance.com Continue reading

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In two Florida lawsuits filed in Miami-Dade Circuit Court, two more men are suing a former Broward County priest for child sex abuse. They claim that Rev. Neil Doherty gave them toys and money in exchange for sex when they were kids in the 1980’s. They also allege that the Archdiocese of Miami knew about the abuse but tried to cover up the incidents.

The two men, who are cousins, are also related to other victims that have sued the archdiocese for sex abuse. Many of the cases have settled without going to trial. These two lawsuits are the latest of 14 lawsuits naming Doherty.

Doherty, who retired in 2002, is accused of sexually abusing boys in the St. Mary’s Cathedral rectory, his car, and his private residence. The Miami Archdiocese is accused of interviewing his victims in 1987 and then trying to conceal their findings.

Clergy Sex Abuse
Clergy sex abuse is an insidious problem that has only been brought to awareness in recent years.

According to the John Jay College of Criminal Justice, between 1950 and 2002:

• 4,392 priests/deacons were accused of sexual abuse.
• More than 10,600 people reported that they were victims of clergy abuse.
• 81% of the victims were male.
• 50% of the victims were age 11-14 years old when the abuse happened.

Priests are often entrusted with the supervision of children, and when they abuse this trust by sexually molesting or assaulting a child, they can be held liable.

In a separate criminal case, the 65-year-old former St. Vincent’s Catholic Church pastor has been charged with multiple counts of molestation, lewd and lascivious acts, and sexual battery. Doherty has pled not guilty to the charges.

Our South Florida child sex abuse law firm knows that sexual abuse is a trauma that can lead to lifelong emotional injuries and other damages. We can work with you to recover compensation from the negligent party.

Former Broward priest faces two lawsuits on molestation charges, Sun-Sentinel.com, June 26, 2008
Clergy abuse statistics at a glance, Clergy Abuse Statistics, February 27, 2004

Related Web Resources:

Spotlight: Abuse in the Catholic Church, Boston.com
Former Priest Charged with Child Sexual Abuse, Bishop Accountability, January 27, 2006 Continue reading

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A Florida woman is suing a Winter Park dentist for dropping a medical screwdriver and a torque wrench down her father’s throat. In Anne Greer’s dental malpractice lawsuit, she alleges that Dr. Wesley Meyer’s negligence contributed to Charles Gaal’s death.

Gaal had gone to Meyers in October 2006 for implants to secure his dentures when the dentist accidentally dropped the screwdriver down the 90-year-old patient’s throat. Gaal had to undergo a colonoscopy so the screwdriver could be extricated from his large intestine.

Gaal returned to Meyers in May 2007 for the implant procedure. This time, Meyer’s dropped a torque wrench down the elderly man’s throat. Meyers underwent surgery to remove the tool, which had aspirated into his left lung. Gaal spent 50 days in the hospital as a result of the accident and died from complications in June 2007.

Greer says that her father died because Meyer caused his death. She says she has problems sleeping because of the tragedy.

After conducting an investigation, the Florida Department of Health filed a complaint accusing Meyers of negligence, failing to provide Gaal the required standard of care, negligent recordkeeping, and failure to report the accident.

Meyers, who reached a settlement with the Board of Dentistry, was told not to perform any more implants until he receives further training. He continues to practice dentistry.

Common Kinds of Dental Malpractice Accidents include:

• Giving a patient defective oral device.
• Surgical errors.
• Failure to consider patient’s medical history before performing a procedure.
• Failure to diagnose periodontal disease.
• Failure to diagnose oral cancer.
• Tooth extraction-related errors.
• Anesthesia complications.

Please contact our Florida dental malpractice law firm if you or someone you love was hurt because a dentist or another medical provider was negligent.

State fines dentist $17,000 in patient’s death, Orlando Sentinel, June 20, 2008
Dentist Accused Of Losing Tools Down Patient’s Throat Before Death, WKMG, June 20, 2008
Dental Malpractice Cases: Should You Consult an Attorney?, Associated Content

Related Web Resource:

Complaints About Dental Care, DentalWatch.org Continue reading

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A woman in Florida is suing the lawn care company that employed her deceased husband for his wrongful death. Tomasa Castro says that Tom Mahoney Ultimate Lawn Service acted negligently when the owner, Tom Mahoney, told her husband, Jose Carillo, to mow the lawn next to a deep lake in a residential area. Carillo did not know how to swim, and the lawsuit alleges that Mahoney was aware of this fact.

According to the wrongful death lawsuit, Mahoney neglected to train Carillo on how to safely use a riding lawn mower next to a body of water. Mahoney also allegedly failed to give Carillo the proper safety equipment, such as a life jacket, in the event of an accident.

The Collier County Sheriff’s Office says that Mahoney discovered Carillo’s hat in the water and dove into the lake, where he discovered Carillo’s body about 10 feet from shore. Carillo was pronounced dead at the accident scene.

While workers’ compensation usually prevents an employee or his or her family from suing an employer for injuries (or death) that occurred while on the job, Mahoney did not provide Carillo, who had worked for the lawn company for several years, with workers’ compensation.

Also named in the Florida wrongful death lawsuit is Scott Jensen, the owner of the property where the drowning accident occurred. The lawsuit accuses Jensen of failing to post a warning that the water depth was deceptive, the bottom of the lake was unstable, and there were currents in the water.

Carillo left behind four young children. Castro is suing for funeral costs, pain and suffering, mental trauma, lost wages, loss of future earnings, and loss of support, companionship, guidance, and protection for the children.

Drowning Accidents
Property owners that have a pool, a lake, a hot tub, or another body of water on their premises are supposed to make sure that the proper safety measures are in place to prevent accidental drowning deaths.

Common causes of drowning accidents that can be grounds for a premises liability or wrongful death lawsuit include, inadequate supervision, defective pool or faulty hot tub parts (such as a defective drain), failure to secure the body of water from children when they are unsupervised, and failure to post appropriate warning signs.

Please contact our South Florida law firm to discuss your wrongful death case.

Widow Sues Florida Lawn-Care Company Over Drowning, Lawn & Landscape, June 16, 2008
Landscape employee drowns in East Naples lake, Naples.com, June 2, 2006

Related Web Resources:

Florida Wrongful Death Statute

Division of Workers’ Compensation
Continue reading

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