Injury Law Blog

Hit and Run Driver charged with DUI and manslaughter in West Palm Accident

LaBovick Law — Mon, 01 Feb 2010 22:46:39 -0500

In a follow up of our blog post regarding the Hit and Run Driver causing injuries to 6 people in West Palm Beach, we regret to inform you that the baby ejected from the car has died. Allegedly, the hit and run driver was not only speeding, but was also drunk when he slammed his 2010 Honda into two other cars. Recent reports have confirmed that the 3 month old baby in the minivan has died as a result of injuries in the car accident. Concerned readers have inquired about the car seat. According to reports, the grieving mom of the deceased baby has confirmed that her infant was in a car seat.

The hit and run driver has been charged with DUI manslaughter, DUI with serious injuries, failing to render aid, and one count of hit and run in a fatal crash. He is being held without bail in the West Palm Beach Jail.

This is a tragedy, so many lives are destroyed because of this hit and run incident. The parents and families involved are facing a devastating loss.

Florida is third in the nation, behind California and Texas for hit and run accidents annually.

In an effort to share some helpful information in case you are involved in a hit and run accident, we have highlighted a few things that every driver should know:

1. Call the police to the scene immediately.
2. Share important information with the police on things such as description of the vehicle, information on the driver and make certain that this information is in the police report.
3. Write down all pertinent contact information from witnesses to the accident and make sure it is in the police report.
4. Take photographs and document the accident scene.
5. Write down information about the accident while it is fresh in your memory.
6. Discuss the facts of your accident with an experienced law firm.
7. Contact your insurance company to report the accident.

Be safe, Be alert and Avoid distractions while driving. These are three simple ways that can help you avoid a car accident on the road.

Toyota Announces little fix to the Accelerator pedal nightmare

LaBovick Law — Mon, 01 Feb 2010 16:32:40 -0500

Toyota Motor Sales U.S.A., Inc. (TMS), announced today, that the company has developed a safe solution to the risk of sudden, unwanted acceleration. The Japanese automaker indicated that its engineers created and thoroughly tested the solution: a small steel pedal reinforcement assembly designed to eliminate excess friction. Toyota reports that it has commenced shipping the parts to dealers, and expects the millions of affected vehicles to undergo repair as soon as possible.

According to Toyota, this sticking occurred (or can occur) because of excess friction resulting from normal vehicle operation. The company indicates that the pedal reinforcement assembly will eliminate the excess friction that caused the accelerators to stick in rare instances.

At the end of January, the company recalled over 4 million cars from eight vehicle models due to the risk of sudden acceleration caused by the accelerator sticking in a partially open position. In an unprecedented move, the Japanese automaker also halted production to resolve the problem safely and effectively. With Toyota’s announcement comes an apology from top brass, and a hope that the solution will begin to restore customers’ faith in the brand.

Toyota Motor Sales (USA) president and Chief Operating Officer, Jim Lentz, commented on the situation:

“Nothing is more important to us than the safety and reliability of the vehicles our customers drive. We deeply regret the concern that our recalls have caused for our customers and we are doing everything we can – as fast as we can – to make things right. Stopping production is never an easy decision, but we are 100% confident it was the right decision. We know what’s causing the sticking accelerator pedals, and we know what we have to do to fix it. We also know it is most important to fix this problem in the cars on the road.

The Toyota saga continues with the National Public Radio report Toyota Apologizes, Releases Details On Plan To Fix Gas Pedals. In a continuing story, NPR's All Things Considered, co-host Melissa Block spoke with Toyota's Jim Lentz this afternoon on how a driver should handle the situation, of a gas pedal getting stuck.

Lentz is quoted in the interview as giving listeners the following advice:

The Driver should put both feet on the break, press hard, shift the transmission into neutral, and pull off the road.

Click on the following link to hear the All Things Considered interview with Toyota President Jim Lentz

Click on the following link to view more from Toyota on the accelerator pedal recall issue.

Click on the following link to see the Toyota PSA on the accelerator issue given by Jim Lentz..

The Toyota vehicles involved in the recent accelerator recall include:

2009-2010 RAV4 (Certain models)
2009-2010 Corolla (Certain models)
2009-2010 Matrix
2005-2010 Avalon
2007-2010 Camry (Certain models)
2010 Highlander (Certain models)
2007-2010 Tundra
2008-2010 Sequoia

As we mentioned in a previous LaBovickInjuryLawBlog article on the Toyota accelerator recall, owners and drivers of the above mentioned Toyota models to contact their local Toyota dealer or to contact Toyota directly, if they are having issues. Safety measures and precautions should be taken to avoid any serious car accident.

Hit and Run Driver causes injuries to 6 passengers in West Palm

LaBovick Law — Sun, 31 Jan 2010 05:18:47 -0500

Car Accidents are never fun to be involved in, especially, a hit and run or when someone gets injured. Most people involved in an accident are shaken up afterwards, sometimes, just for the shock of the entire situation.

Yesterday, in West Palm Beach Florida, a driver of a Honda plowed into a Minivan, carrying a family of four. Due to being struck, the Minivan, crashed into another another car, with two passengers. According to a WPBF - ABC - Report, a baby in the Minivan was thrown from the car into the street. The first question in everyone's mind is: Is the baby going to be okay and how was the baby restrained in the car? All of the passengers were taken to the hospital and were in stable condition, with the exception of the baby, who was last reported to be in critical condition.

The driver of the Honda, reportedly ran and collapsed down the street. The police are investigating whether or not alcohol was involved.

This leads to the message behind this post: It is against the law to leave the scene of an accident. According to Florida Statute 316.027 Crash involving death or personal injuries.--

(1)(a) The driver of any vehicle involved in a crash occurring on public or private property that results in injury of any person must immediately stop the vehicle at the scene of the crash, or as close thereto as possible, and must remain at the scene of the crash until he or she has fulfilled the requirements of s. 316.062. Any person who willfully violates this paragraph commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(b) The driver of any vehicle involved in a crash occurring on public or private property that results in the death of any person must immediately stop the vehicle at the scene of the crash, or as close thereto as possible, and must remain at the scene of the crash until he or she has fulfilled the requirements of s. 316.062. Any person who willfully violates this paragraph commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Any person who willfully violates this paragraph while driving under the influence as set forth in s. 316.193(1) shall be sentenced to a mandatory minimum term of imprisonment of 2 years.

On a positive note, data released last year for 2008 Florida traffic accident data show a positive trend on Florida's highways in the area of crashes and fatalities in Florida.

Traffic-related fatalities on Florida roadways decreased between in 2008 from 2007. The number of fatalities in 2008 were 2,983 and 3,221 in 2007.
Traffic related accidents and crashes on Florida roadways decreased in 2008 from 2007. The numbers for 2008 were 243,342 accidents and the numbers for 2007 were 256,206 accidents.
Traffic related accidents and crashes on Florida roadways involving alcohol decreased in 2008 from 2007. The numbers were 1,169 for 2008 and 1,244 for 2007.

Everyone understands that a car accident is never a fun experience for any party involved. However, it does not give the person at fault the right to run from their responsibilities. Bloggers for the Jacksonville law blawg:ForYourprotection.com, gave an excellent summary in a post regarding a DUI Florida Hit and Run accident that resulted in the death of a passenger, when they wrote the following:

"If you are involved in an auto wreck and you have been drinking, the absolute worst thing you can do is leave the scene. You will be caught and convicted, not to mention the moral duty you have to the person you have just injured. Stay and render aid and be helpful and figure your actions have finally caught up with you."

Lastly, if you are involved in a car accident, Stop, take a deep breath, and proceed to take the appropriate actions. It will all work out much better if you stay and address the situation instead of trying to avoid it. Strangely enough this holds true for many things.

Let's continue to make Florida's roadways safer by driving with care and following traffic laws.

FDA Announces Class I Recall of Infusion Needles Used in Treatment of Chronically Ill

LaBovick Law — Fri, 29 Jan 2010 18:53:42 -0500

Huber needles used in implanted ports to withdraw blood, inject medications, and other solutions

The U.S. Food and Drug Administration (FDA) announced a Class I recall of certain infusion set needles used in the treatment of chronically ill patients and others. Products included in the recall are the following all manufactured by the Japan-based Nipro Medical Corporation for Exelint International Corporation.

Exel/Exelint Huber needles

Exel/Exelint Huber Infusion Sets

Exel/Exelint “Suretouch+ [plus.”

The recall comes in response to inspections of Japanese Nipro facilities carried out in October 2009. These inspections found that the needles, used to access under skin ports designed for repeated access to veins, “cored” in approximately 60 to 72 percent of tests. According to the FDA, coring means that the silicone cores (or silvers) of the needles were cutting and dislodging the under skin ports when inserted, causing the ports to leak in certain cases.

In a news release about the recall, the FDA stated that:

“At this time, the FDA has not received any adverse event reports related to silicone foreign bodies released in patients from Huber needle coring. The agency received only reports of port leakage. However, because it may be very difficult for clinicians to associate adverse patient outcomes with the use of defective Huber needles, there may be under-reporting of events.”

Needles involved in the recall were manufactured between January 2007 and August 2009. According to the FDA, this recall includes more than 2 million units in distribution nationwide.

The affected needles have lot numbers beginning with the following, along with a catalogue number of product code:

“07”

“08”

“09”

For more information, please read the following articles on the Class I FDA recall for Needles

FDA’s New Release about Recall: FDA Announces Class I Recall of Certain Infusion Set Needles

CNN Health Article on Recall: FDA recalls more than 2 million needles used in port implants

Honda Issues Global Recall of 646,000 Vehicles Due to Fire Hazard

LaBovick Law — Fri, 29 Jan 2010 18:38:55 -0500

Honda Motor Corporation (Honda) issued a global recall of roughly 646,000 units of the models Fit/Jazz and City. The announcement came today and and includes 140,000 Honda Fit units in the United States.

According to Honda, the recall was to correct a faulty master power window switch, which could allow water to enter the switch and cause a fire. New York Times reports that three cases of fire due to the defective master switch were reported, including two in the U.S. and one in South Africa.

A statement released by Honda about the recall indicated that:

"Under some severe operating conditions, water, rain, or other liquid may enter the driver's window and reach the master power window switch, resulting in impaired function of the switch.” The statement went on to add that, "An overheating switch may cause smoke, melting or, potentially, fire."

Honda’s recall involves models sold around the world, including North America, South America, South Africa, and Asia. However, a Honda spokesperson indicated that the recall does not include Fit/Jazz and City units sold in Japan. Honda’s Fit is the company’s best-selling car in that country.

This latest recall by Honda comes just days after rival automaker Toyota halted sales and recalled millions of vehicles worldwide due to the threat of unintentional acceleration.

We strongly recommend all Honda Fit/Jazz or City vehicle owners to contact their dealer, or call Honda Automotive Customer Service at 1-800-999-1009.

For more information on the latest Honda recall, please click on one of the following links:

NY Times Article: Honda Recalls Cars, Citing Defect

Wall Street Journal article: Honda Announces Worldwide Recall Of 646,000 Fit Cars

Honda South Africa’s Press Release about the recall:

Pedestrian struck and killed by car after celebrating lottery winnings

LaBovick Law — Fri, 29 Jan 2010 12:46:24 -0500

As pedestrian, Deborah McDonald, walked home from celebrating the arrival of her first check, a car struck and killed the Ohio Lottery winner. According to the Ohio Highway Patrol, the vehicle struck McDonald in the evening, as she walked along a road after leaving the bar.

The 47-year-old Crystal Rock, Ohio resident had reportedly spent some of the $5,520 check on wedding rings for herself and her husband shortly after receiving the winnings. Items the couple had been previously unable to afford. She had also treated her husband and some friends to dinner before heading to the bar to celebrate.

An Ohio Lottery spokesperson indicated that McDonald won approximately $8,000 in the lottery’s TV game show “Cash Explosion Double Play” on January 12.

Joe Wentworth, a patrol sergeant with area police, said investigators are looking into whether or not alcohol played a factor in the death. However, he indicated that police officials do not think the driver of the car who struck and killed McDonald was drinking.

According to the National Highway Traffic Safety Administration (NHTSA), 4,378 pedestrians were killed in traffic crashes in the United States in 2008. The NHTSA also indicates that a pedestrian-related traffic fatality occurs every two (2) hours, and a pedestrian is injured every 8 minutes in a traffic crash.

McDonald’s home state of Ohio reported 98 pedestrian fatalities in 2008, or roughly 8.2 percent of the nation’s total amount. These grim statistics remind us of the possibility of personal injury or even death resulting from motor vehicle accidents involving pedestrians.

The number of deaths involving pedestrians in Florida decreased, however, the number of injured pedestrians injured and pedesrtians in crashes saw an increase over 2007.

2008 Florida Pedestrian statistics from the NHTSA related to car accidents:

Pedestrians Killed 502

Pedestrians Injured 7,878

Pedestrian Crashes 8,471

2007 Florida Pedestrian statistics

Pedestrians Killed 530

Pedestrians Injured 7,529

Pedestrian Crashes 8,139

The NHTSA reminds pedestrians and drivers alike to be safe and courteous, and to yield the right-of-way to pedestrians when required by law.

Click the following link to read the 2008 NHTSA Traffic Data Fact Sheet

Click on the following link to read more on the story from the Miami Herald Associated Press article, Ohio lottery winner received check on the day she died.

Nationwide ban on texting while driving for large commercial vehicles goes into effect

LaBovick Law — Thu, 28 Jan 2010 15:58:37 -0500

Commercial Drivers, including truckers and bus drivers, beware, texting while driving is now illegal, according to a new Federal ban. If you need to send a message while driving, pull over safely and send or read your text, if not, you can face serious charges and fines up to $2750.

Ray LaHood, Secretary of the U.S. Department of Transportation (DOT), announced a Federal ban on texting for the drivers of large commercial vehicles on Tuesday, Jan. 26. Effective immediately, this ban prohibits the operators of vehicles regulated by Federal law, including tractor-trailers and large commercial buses, from sending and/or receiving text messages while driving. The texting ban is a step in the DOT’s comprehensive plan to combat the dangers of distracted driving.

According to the Federal Motor Carrier Safety Administration (FMCSA), on average, drivers who send and receive messages are distracted 4.6 out of every 6 seconds while texting. This means that operators, travelling at 55 miles per hour, will drive the full length of a football field without looking up from their phone. In fact, drivers distracted by texting are more than 20 times likely to be involved in a crash than non-distracted drivers.

This is such a critical issue that Nineteen states and the District of Columbia already ban texting-while-driving any vehicle.

Violations of this new Federal ban subjects commercial vehicle drivers to civil and/or criminal penalties of up to $2,750. This ban stems from the Distracted Driving Summit held in September 2009 in Washington, D.C. In addition to text ban, the DOT and other government agencies are reported to be working on further regulatory measures to decrease distracted driving.

“We want the drivers of big rigs and buses and those who share the roads with them to be safe,” Secretary LaHood said. “This is an important safety step and we will be taking more to eliminate the threat of distracted driving.”

To learn more about the texting while driving ban for large commercial vehicles click on the following links: The National Highway Safety Administration site on Distracted Driving, Department of Transportation, Reuters, Automotive Fleet and American Automobile Association (AAA)

Toyota suspends sales and production of 8 top models

LaBovick Law — Thu, 28 Jan 2010 06:44:43 -0500

Toyota Motor Sales, U.S.A., Inc. (Toyota) announced the temporary suspension of the sale of eight models, including the popular Corolla and Camry lines. The suspension comes after the Toyota recall on January 21 of 2.3 million cars due to the threat of unintentional acceleration. Toyota is instructing dealers to halt sales of certain vehicles in connection with the ongoing recall until a “remedy is finalized.”

Toyota anticipates stopping North American vehicle production lines for the week of February 1 to “assess and coordinate activities.” This production halt will affect Toyota manufacturing facilities in Kentucky, Indiana, Texas, and Canada.

The accelerator pedal recall and sales suspension affects eight models, including:

2009-2010 Corolla
2009-2010 Matrix
Certain 2007-2010 Camry
2005-2010 Avalon
2009-2010 RAV4
2010 Highlander
2008-2010 Sequoia
2007-2010 Tundra

Bob Carter, Toyota Division General Manager and Group Vice President stated the following:

"Helping ensure the safety of our customers and restoring confidence in Toyota are very important to our company. This action is necessary until a remedy is finalized. We’re making every effort to address this situation for our customers as quickly as possible.”

It is important to note that this recall is in addition to the carmaker’s ongoing recall of certain Toyota and Lexus vehicle lines due to the threat of pedal entrapment caused by “incorrect or out of place accessory floor mats.”

A Toyoya spokesperson reported that no confirmed deaths could be traced to the defect. However, Toyota’s stunning decision to halt sales and production are a clear indication of the serious nature of the situation.

For more information on the most recent Toyota recall click on the following links: Toyota, Washingtonpost, CNNMoney.com and The New York Times.

We encourage Toyota vehicle owners with the affected models to contact their local Toyota Dealer or to contact Toyota directly at 800-331-4331.

Toyota announces massive new recall over sticking accelerator pedal

LaBovick Law — Mon, 25 Jan 2010 06:49:52 -0500

Toyota Motor Sales, U.S.A., has recalled approximately 2.3 million vehicles to correct sticking accelerator pedals on specific Toyota Division models. This action is not related to the on-going recall of approximately 4.2 million Toyota and Lexus vehicles to reduce the risk of pedal entrapment by incorrect or out of place accessory floor mats. Approximately 1.7 million Toyota Division vehicles are subject to both separate recall actions.

According to Toyota Group Vice President, Irv Miller,

“Our investigation indicates that there is a possibility that certain accelerator pedal mechanisms may, in rare instances, mechanically stick in a partially depressed position or return slowly to the idle position. Consistent with our commitment to the safety of our cars and our customers, we have initiated this voluntary recall action.”

Toyota owners should take note that the following Toyota vehicles are affected by the accelerator pedal recall

• 2009-2010 RAV4,
• 2009-2010 Corolla,
• 2009-2010 Matrix,
• 2005-2010 Avalon,
• 2007-2010 Camry,
• 2010 Highlander,
• 2007-2010 Tundra,
• 2008-2010 Sequoia

The condition is rare, but can occur when the pedal mechanism becomes worn and, in certain conditions, the accelerator pedal may become harder to depress, slower to return or, in the worst case, stuck in a partially depressed position.

In the event that a driver experiences an accelerator pedal that sticks in a partial open throttle position or returns slowly to idle position, the vehicle can be controlled with firm and steady application of the brakes. The brakes should not be pumped repeatedly because it could deplete vacuum assist, requiring stronger brake pedal pressure. The vehicle should be driven to the nearest safe location, the engine shut off and a Toyota dealer contacted for assistance.

Toyota owners who have questions or concerns should contact the Toyota Customer Experience Center at 1-800-331-4331.

For more information on other toyota recalls, click on the following link:Toyota Recalls

Happy Martin Luther King Day

LaBovick Law — Mon, 18 Jan 2010 18:34:43 -0500

As many of us know, Dr. Martin Luther King, Jr. dedicated most of his life to ending inequality, and spreading a message of peace to the world. As one of the most prominent figures in the Civil Rights struggle of the mid-20^th Century, Dr. King proved to everyday people, politicians, and world leaders alike that change is possible. More importantly, he demonstrated how eaceful and lawful means can be used to accomplish this change.

Today, January 18, we celebrate the life and accomplishments of Dr. Martin Luther King, Jr. Many of us draw inspiration from Dr. King, as his messages have influenced our lives. As a law firm, day in and day out, we passionately fight for the rights of our clients. We take comfort in knowing that Dr, King's message of equality and justice for all, has made an impact on us.

Part of our firm’s ethics includes being committed to our community. Many of our attorneys and staff members actively participate in community organizations, special events and safety measures. It is the collective goal of the LaBovick & LaBovick, P.A. team to give back to our community while likewise furthering the development of our society in general.

We also pride ourselves on the diversity of our team. At the core of our corporate culture is the understanding that diversity not only adds well-rounded knowledge, it adds cultural depth to the company that increases everyone’s level of acceptance. We are happy to say that our team reflects LaBovick & LaBovick, P.A.’s commitment to diversity, and we are blessed to have a multitude of talented professionals from many backgrounds.

As we celebrate the life and accomplishments of Dr. King today, let’s all take a moment to reflect on the impact his mission had on our society, its effect on the world in general. In so doing, we should also determine what impact each of us has on our community, and how we can continue (or begin) to affect the lives of our neighbors in a positive way. After all, it only takes a dream to change the world.

Cleviprex, popular blood pressure drug, recalled by Medicines Company

LaBovick Law — Wed, 06 Jan 2010 22:36:46 -0500

The Medicines Company (NASDAQ: MDCO) has issued a voluntarily recall of eleven (11) lots of Cleviprex ® (clevidipine butyrate) injectable emulsion due to the potential presence of visible particulate matter.

The affected Cleviprex lots are 61-978-DW, 61-979-DW, and 61-980-DW, Exp. 01/2010; 68-404-DJ, 68-405-DJ, and 68-406-DJ, Exp. 08/2010; 69-830-DJ, 63-385-DJ, 63-386-DJ, and 63-266-DJ, Exp 03/2011; and 64-453-DJ, Exp. 04/2011. No other lots are affected by this recall.

The Medicines company is cooperating with the U.S. Food and Drug Administration on this recall.
The particulate matter comprises sub-visible inert stainless steel particles of around 2.5 microns.
There are no known complaints or reports of adverse events related to this issue regarding Cleviprex ®

For medical inquiries, adverse event reporting or quality issues related to Cleviprex, please contact The Medicines Company Medical Information at 1-888-977-6326 Monday to Friday 8:00am-5:30pm EST or cleviprexrecall@themedco.com

Consumers with any adverse reactions associated with the use of Cleviprex may also report this to the FDA’s MedWatch Program by fax at 1-800-FDA-0178, by mail at MedWatch, FDA, 5600 Fishers Lane, Rockville, MD 20852-9787, or on the MedWatch website.

The stock for MDCO closed at $8.04, down .08 shares from previous trading.

FDA Testing for Cardiovascular Implants come under Scrutiny

LaBovick Law — Wed, 06 Jan 2010 20:58:05 -0500

The Food and Drug Administration has come under fire for having insufficient scientific standards to for evaluating cardiovascular devices. This recently came to light from a report found in the Journal of the American Medical Association entitled "Strength of Study Evidence Examined by the FDA in Premarket Approval of Cardiovascular Devices".

In an Associated Press article, The New York Times reports finding from researchers at the University of California, San Francisco. This article shares alarming patterns of how the FDA frequently gave their seal of approval for heart devices based on foreign research in small groups of patients. In a further twist, common standards and protocols for device studies were lacking such as clear goals and randomization. One can't help but wonder, who is looking out for the American public, if the FDA's testing has such fundamental flaws.

Scientific American, author, Cynthia Graber states the following in her podcast transcript, in response to the JAMA article.

"We like to think that medical equipment implanted in our bodies undergoes rigorous testing before it’s put inside a person

These recent turn of events, further underscores the need to pass the Medical Device Safety Act (MDSA), according to the American Association for Justice (AAJ). Since the hotly debated Supreme Court Decision in Riegel v. Medtronic, medical device product liability has been front and center in the debate on FDA approved devices and who should be held accountable.

AAJ President Anthony Tarricone eloquently states the following in support of the Medical Device Safety Act (HR. 1346 / S. 540)

"Passage of the Medical Device Safety Act is critical for patient safety, especially when medical devices have not gone through rigorous premarket testing and post-market monitoring.”

Time will tell if the new studies shake things up at the FDA and ignite discussions on passing the Medical Device Safety Act. Consumers are encouraged to join in the discussions with lawmakers that if the FDA approval process is flawed from the beginning, this loop hole must be closed to provide consumers safeguards and protections.

Medical devices such as cardiovascular devices that are implanted inside a patient's body, after a doctor shares that the device has been approved by the FDA. The justice system is flawed, if the medical manufacturer knows the shortfalls of their device from the beginning, but hides it, to secure the FDA seal of approval.

Happy New Year - 2010 - Safety Matters

LaBovick Law — Fri, 01 Jan 2010 21:27:52 -0500

Happy New Year!!! Today marks the first day of 2010. Today is a fresh start for the new year.

It is a time of reflecting on one's life and setting new goals.

Unfortunately, two South Florida teens were killed in a fatal rollover crash auto accident on New Year's eve. They will not have the opportunity to enjoy 2010 and make the most of their lives. At this time, the cause of the crash is under investigation by the police. According to Police, the teens were traveling at a "high rate of speed" when the driver lost control and the car smashed into a brick sign. A third victim in the car managed to escape. Our thoughts and prayers go out to the families and loved ones.

To help drivers make the right decision about getting behind the wheel after drinking, AAA offered a FREE TIPSY TOW for drivers that had too much to drink this holiday season. This was a two program to help cut down on deaths and accidents during this time of year. Time will tell, how many lives were lost in car accidents over the new year's holiday.

We can't stress enough that while you are driving a vehicle, caution and safety come first. Texting while driving has become such an important issue that some states have made this a first offense. On Friday, texting while driving in Illinois will be illegal. The texting ban law also bans checking e-mail, updating Facebook and Web surfing while driving. However, using your phone GPS is okay. It will be interesting to see how this is enforced. More states are looking at making texting while driving illegal, Florida included.

On another note, if you are looking for relief of pain, before you reach for your Tylenol, check the label. The Tylenol Arthritis Pain Caplet 100 count bottles have been recalled. This product has a red colored EZ-Open top. According to the FDA,The recall stems from complaints of a moldy odor which may result in nausea, stomach pain, vomiting and diarrhea for the user. The symptoms are caused by trace amounts of the chemical 2, 4, 6-tribromoanisole resulting from the breakdown of a chemical used to treat wooden pallets that transport and store packaging material.The recall only applies to this exact model and not other products labeled Tylenol Arthritis. Please visit the Tylenol website for more specific information on the recalled Tylenol Arthritis Caplets.

Accelerator Pedal Entrapment causes major issue for Toyota and nearly 4 million vehicles

Brian F. LaBovick, Esq. — Thu, 03 Dec 2009 23:52:42 -0500

Last month Toyota finally had to fess up. They had to say “We are sorry. Our cars have a malfunction. We are killing people.” Toyota recalled almost 4 million cars because the accelerators were sticking and cars were being run up to 120 miles per hour causing high speed crashes

I have several loved ones and friends that drive a Toyota. Therefore I am genuinely concerned about this recent recall issue. A few months ago, we shared information on our blog regarding the Toyota Mat Recall.

I started to think about the following:

Here is the big game: Before anything: BLAME THE VICTIM. BLAME THE VICTIM. NEVER ADMIT FAULT. BLAME THE VICTIM.

It is the same old story: “The accident wasn’t our fault, it was driver error!” BLAME THE VICTIM.

But eventually the statistics add up. Eventually the big corporation must face the facts. Your car is messed up. Your drug is defective. Your medical device is malfunctioning.

When will these corporations learn and be more responsible about Consumer Safety?

I am delighted that we have a justice system that allows us to hold companies accountable.

Toyota issued the following Recall information on their website, regarding the accelerator pedal:

Toyota Motor Sales, U.S.A., Inc. (TMS) announced today details of the vehicle-based remedy to address the root cause of the potential risk for floor mat entrapment of accelerator pedals in certain Toyota and Lexus models. Toyota issued a consumer safety advisory on September 29 on this issue and has, as an interim measure, commenced the mailing of safety notices to certain Toyota and Lexus owners on October 30.

The models involved are: 2007 to 2010 MY (model year) Camry, 2005 to 2010 MY Avalon, 2004 to 2009 MY Prius, 2005 to 2010 MY Tacoma, 2007 to 2010 MY Tundra, 2007 to 2010 MY ES350, 2006 to 2010 MY IS250, and 2006 to 2010 MY IS 350

Toyota's quick fix to this problem is to shorten gas pedals by three-quarters of an inch, starting in January. In certain instances, they will take padding from the floor to prevent the pedals from getting stuck on floor mats.

Toyota Announces Details of Remedy to Address Potential Accelerator Pedal Entrapment - Toyota Advisory to consumers

Preemption Victory Against Generic Drug Manufacturers!

LaBovick Law — Mon, 30 Nov 2009 19:50:24 -0500

Congratulations on the valiant efforts of the legal team of The Public Justice Foundation and the Center for Constitutional Litigation (CCL) for winning a huge victory against generic drug manufacturers in the Mensing v. Wyeth, Inc., case. The U.S. Court of Appeals for the Eighth Circuit ruled that federal preemption can't be used by generic drug manufacturers to avoid liability for failing to warn of their drugs' dangers.

According to this ruling, an FDA approval for a generic drug does not does NOT preempt claims against the drug makers for failing to warn consumers of known risks. Justices in this case, included: Hon. Roger L. Wollman - Sioux Falls, SD, Hon. Diana E. Murphy, Minneapolis, MN and Hon. Kermit E. Bye - Fargo, ND

In Mensing v. Wyeth, the Eighth Circuit's decision concluded with the following:

Mensing has stated a viable claim against the generic metoclopramide manufacturers. Far from prohibiting them from taking steps to warn
their customers of new safety hazards, federal law requires such action. For the
reasons stated we reverse the judgment in favor of the generic manufacturers but
affirm the judgment as to the name brand manufacturers.

Arthur Bryant, Executive Director, Public Justice and the Public Justice Foundation made an excellent point when he recently shared the following message:

The Eighth Circuit emphasized that generic manufacturers, like name-brand drug companies, "bear primary responsibility for their drug labeling at all times." Lawsuits like Ms. Mensing's, the court said, do not "obstruct the purposes and objectives" of federal drug regulation "in any way." Instead, they help achieve the "fundamental" purpose of federal regulation-ensuring that "all marketed drugs remain safe."

Click here to read the Court Opinion on Mensing v. Wyeth, Inc.

We are headed in the right direction of improving drug safety and holding pharma giants, both brand and generic, accountable for their actions.

Time will tell what impact this decision has on the future of generic pharmaceuticals.

Toyota recalls 3.8 million vehicles over safety issue with floor mat

LaBovick Law — Wed, 30 Sep 2009 09:18:43 -0500

Attention all readers, this is a very important blog post. If you are a Toyota driver or know someone that is, please read and share this important information. It could help save your life or the life of a loved one.

The Toyota Motor Corp. has announced that it will recall 3.8 million vehicles in the United States, to address problems with a removable floor mat that could cause accelerators to get stuck and lead to a crash. The recall affects Toyota models from 2004 – 2010. Specific models affected include 2007-2010 Toyota Camry, 2005-2010 Toyota Avalon, 2004-2009 Toyota Prius, 2005-2010 Tacoma, 2007-2010 Toyota Tundra, 2007-2010 Lexus ES350 and 2006-2010 Lexus IS250 and IS350.

Toyota is working with National Highway Traffic Safety Administration to find a solution to the problem. In the meantime, drivers of the named vehicles should immediately remove the mat from the driver’ side and not replace it, until further notified.

According to a Toyota spokesperson in published reports "A stuck open accelerator pedal may result in very high vehicle speeds and make it difficult to stop a vehicle, which could cause a crash, serious injury or death.

There have been reportedly 102 incidents where the accelerator may have become stuck on the Toyota vehicles involved, according to the NHTSA. However, it is unclear how many have led to crashes.

Transportation Secretary Ray LaHood issued the following statement “For everyone's sake, we strongly urge owners of these vehicles to remove mats or other obstacles that could lead to unintended acceleration."

Toyota has warned owners that if they think their vehicle is accelerating out of control, they should check to see whether their floor mat is under the pedal. If a driver can't remove the floor mat, Toyota advises drivers to step on the brake pedal with both feet until the vehicle slows and then try to put it into neutral and switch the ignition to accessory power.

Unfortunately, this recall comes too late for California Highway Patrol Officer Mark Saylor. In August, Officer Saylor and three others were killed in a fatal car accident involving the crash of a 2009 Lexus ES 350 and a Sport Utility Vehicle. Reportedly, one of the family members called the police minutes before the crash to report the accelerator was stuck and that the car had no brakes. The Officer’s car hit the SUV, rolled several times and burst into flames. Reports from the NHTSA investigators determined that a rubber all-weather floor mat found in the wreckage was slightly longer than the mat that belonged in the vehicle, something that could have snared or covered the accelerator pedal.

This morning, I removed the driver’s side mat from my Toyota Camry and recommend that all Toyota owners of the above mentioned vehicles do the same. If you have questions or want more information, please contact, the National Highway Traffic Safety Administration's hotline at (888) 327-4236, Toyota at (800) 331-4331 or Lexus at (800) 255-3987.

To read more information on the Toyota recall of 3.8 million vehicles due to a driver's floor mat interference with the accelerator pedal, view the following: Toyota Pressroom, Forbes - Runaway Toyota Recall, Fox News and Associated Press.

Driver distractions caused nearly 6,000 deaths in 2008

LaBovick Law — Wed, 30 Sep 2009 06:44:15 -0500

Driver distraction caused the deaths of nearly 6,000 people and the injuries of 500,000 people last year according to new government reports on auto safety. There is a correlation of using mobile devices while driving. This includes texting while driving and talking on the cell.

Transportation officials recently released a report that showed driver distraction being involved in 16 percent of all fatal crashes in 2008. The Transportation report shows that 515,000 people were injured and 5,870 people were killed last year, with driver distraction being involved in the accident.

The Transportation Secretary Ray LaHood, government officials, safety advocates, researchers and lawmakers are coming together this week to discuss ways of setting new restrictions on texting and using devices while driving. Young adults involved car accidents where they were texting while driving are also involved in the safety discussions. New data supports that 16 percent of all under-20 drivers involved in fatal car accidents were distracted while driving.

Every day, people text and drive, even in places where it's outlawed. According to Secretary LaHood "We feel a very strong obligation to point to incidents where people have been killed or where serious injury has occurred.”

Earlier this year, the Virginia Tech Transportation Institute found that collision risks were 23 times greater when drivers of heavy trucks texted while driving. Dialing a cell phone and using or reaching for an electronic device increased risk of collision about six times in cars and trucks. The popular magazine Car and Driver released a report that showed texting and driving to be more dangerous than driving while intoxicated. This report obviously has caused a lot of controversy and discussions among safety advocates.

Some groups want tough laws on the distractions and are asking for restrictions on talking and texting by drivers of tractor trailers, motor coaches and large vans.

Automobile Manufacturers and the Governors Highway Safety Association are on the same page in support of restrictions for texting while driving. Surprisingly, 11 automakers have come together on a united front with the Alliance for Automobile Manufacturers to support this important issue of auto safety and the use of handheld devices.

The Cellular Telephone Industry Association (CTIA) believes that education and enforcement are critical to changing the behavior of drivers. A series of public Service Announcements warning teen drivers of the dangers on distracted driving will be paid for by the National Safety Council and CTIA in an effort to promote safe driving.

We encourage all of our readers to exercise caution and to use judgment when driving and using a cell phone. Texting while driving is dangerous and increases your risk of an accident.

To read more on efforts to enhance driver safety, visit the following: CTIA and National Safety Council, Distracted Driving Summit, Driver distractions and safety efforts, ABC News Report on How do you stop Texting while Driving

City of Parkland is one step closer to texting while driving ban

LaBovick Law — Tue, 15 Sep 2009 10:07:43 -0500

In the City of Parkland the texting while driving debate is heating up. On Monday night city commissioners made history when they unanimously approved the ban which would make it illegal to send text messages while driving. Fines for violators could be as much as $100. If approved, this would be the first municipality in Broward County to take such measures for driver safety. A second and final vote will be taken on September 23rd.

A ban on texting while driving is not new. Seventeen states including Maryland, New Jersey and California already have such bans; in California the fine is $20 for the first offense.

A recent survey from Nationwide Insurance shows that nearly 80% of U.S. adults support laws banning text messaging while driving,

The survey of 1,008 Americans, found most were in favor of a texting ban. Surprisingly, this was rated high among young drivers born between 1977 and 1988.

According to Nationwide associate vice president, Bill Windsor, in a recent WSJ article,

Generation Y’s support for driving-while-texting bans — a hot-button topic that has gotten considerable attention in recent weeks — was unexpectedly strong.

Another discrepancy in the texting debate is the contrast of views among drivers from the Northeast and West compared to drivers from the Midwest and the South.

93% of Northeasterners say yes to texting bans, compared with 72% of Southerners — something Mr. Windsors attributes to more congested traffic conditions on the East and West coasts. Drivers in the Northeast and South, however, were the most likely to say they often see other drivers on the phone.

Our message is that safety comes first. The texting while driving debate is going to heat up in Florida. We look forward to sharing helpful information to readers that will keep our roadways safe. Let us know what you think of the texting while driving ban. We are interested in hearing from our readers on this important topic.

Read the following to lean more on the Texting while driving ban in Parkland and the Nationwide Insurance Survey on Texting while Driving.

Gadolinium NSF raises concerns for patients

LaBovick Law — Sat, 29 Aug 2009 03:07:35 -0500

Gadolinium-based contrast agent (GBCA) enables medical specialists to get a clearer picture of abnormal body tissues during the course of an MRI. Gadolinium is a type of metallic ion that moves differently from others in a magnetic field, thus making it an excellent diagnostic aid, but it comes with a huge risk for some patients.

Patients with advanced kidney failure who cannot excrete the chelated form of gadolinium fast enough, nephrogenic systemic fibrosis (NSF) may result. An additional risk factor is acidosis, elevated acid levels in body fluids, a condition often found in end-stage renal patients.

Patients who undergo angioscopic diagnostic procedures may be exposed to up to three times the usual amount of gadolinium. Cardiac patients often have renal insufficiencies due to prolonged elevations in blood pressure. Those most at risk of developing gadolinium NSF are those who have acute or chronic renal insufficiency, often part of the pre-operative stages of a liver transplant.

First noticed in 1997, gadolinium NSF is characterized by a thickening and hardening of skin and connective tissues. Thickened and inflexible skin can interfere with the range of movement in extremities, sometimes resulting in an inability to walk. Internal organs and connective tissue can be seriously damaged, impinging on the function of organs or restricting the movement of areas like the diaphragm, key in the breathing mechanism. Damage may begin appearing within two days to 18 months. Extensive organ damage may result in death.

The first strong association between the use of GBCA and NSF was described in a Danish Medicines Agency press release in May 2006.

In 2007, Yale University’s Dr. Phillip Kuo, MD, PhD, a world-renowned expert on NSF, and his colleagues began recommending hemodialysis of kidney patients with a few hours of undergoing a gadolinium-assisted MRI procedure. Kuo recommended at least two sessions of hemodialysis with the first 24 hours of this particular diagnostic test. In subsequent reports, a renal transplant was shown to arrest or even partially reverse the ravages of NSF.

In order to alert physicians to the hazards associated with gadolinium, the U.S. Food and Drug Administration began asking manufacturers in 2009 to include warnings on their gadolinium-based product labels.

Defective Products, Products Liability and Damages for Injuries

LaBovick Law — Wed, 26 Aug 2009 06:41:45 -0500

In Personal Injury, one of the common areas for concern is that of defective products and products liability. In most instances, a product that poses harm or danger for its intended use is classified a a defective product.

Liability for defective products can include, those who have actually caused the defect to be held liable for their actions. Persons who can bring the claim or file a product liability lawsuit, include the purchasers of the product and also those that were given the product.

Common types of Product Defects include:

"Marketing Defects," such as missing or inadequate warnings and/or instructions, which may prevent the consumer from knowing how to safely use the product. A good current example of this is the Birth Control Pill YAZ or Yasmin.

• "Design Defects," where the product is manufactured exactly as intended, but the product itself is deemed unreasonably dangerous when used as intended or in a foreseeable manner. A good example of this is the Ford Pinto from the 70's.

• "Manufacturing Defects," when a particular version of a product is defective and does not conform to the manufacturer's design due to some error in the manufacturing process.

Negligence is an area that looks at several scenarios including the following:
• Exercise of reasonable care in making sure the product would not cause injury if used properly. ;
• Design, Marketing, and/or Manufacturing that attributed to the defect of the product; and
• Direct and proximate cause of the defect/breach of duty,that injured the claimant.

A Strict Liability claim involves asking the claimant Is show that the product was unreasonably dangerous for its intended use. Also, it is usually required to show that the defect existed at the time the product left the control of the defendant against whom liability is sought, which caused the injury.

Damages are seen as an effective measure to force a manufacturers to make safe products in the beginning. In most instances, an injured party is entitled to recover damages for the lass suffered due to the injury caused by the defective product. Sometimes, a victim may be able to receive punitive damages to discourage the guilty party from doing something like this in the future.

Click on the following links to learn more on defective products, defective drugs and products liability.