Death-Related Hit & Run Auto Accident in Hialeah

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SOUTH FLORIDA HIT AND RUN ACCIDENT HAS SERIOUS CONSEQUENCES

Recently, Hialeah Police were forced to track down an alleged offender of a hit and run incident which took place at a public bus station. The awful event, which killed one waiting bus passenger and caused injuries to another, occurred outside of a fast food restaurant with patrons inside taking sight of this horrific tragedy. What the Pollo Tropical guests at the 49th Street and 16th Avenue store location witnessed will be embedded in their minds for a very long time. After the victim was struck while at the bus stop, his body was flung through the restaurant’s drive through. The store location immediately closed the facility due to the circumstances.

What has surfaced through reports is that the alleged offender, Henry Paz, fled the scene following the impact with the two victims. Witnesses claim that the vehicle that the suspect was driving, a Toyota Camry had a flat tire and he was driving away on the rim. During the investigation by the Hialeah Police Department, an officer responded to a nearby call of a person in need of a tow truck because of a flat tire within an hour of the hit and run accident. Upon arriving to the tow truck call, which was less than a mile away from the unimaginable scene, officers first came in contact with the alleged offender.

After putting the pieces of the puzzle together, officers arrested the suspect for the hit and run accident and charged him with leaving the scene of an accident with a death and serious injury. Statements from Police later indicate that Paz admitted to drinking alcohol prior to entering his vehicle that evening. The charges that the suspect faces may be amplified by the results of the blood alcohol tests that were administered to him following his arrest.

REASONS PEOPLE FLEE THE SCENE OF AN ACCIDENT

There are many reasons why a person might actually flee the scene of an accident. Some of those reasons include:

• No Driver’s License
• No Proof of PIP Insurance • Impaired Driving • Criminal Warrants
• Stolen Vehicle • Fear of Consequences

HIT AND RUN ACCIDENTS ARE OFTEN FATAL

When a loved one is killed in such a horrific manner, justice is many family members’ number one goal; however, civil litigation many times follows such events as well. Lawsuits for wrongful death are filed when someone has caused a negligent killing of another person. With as much heart ache that is felt by the family of the victim, there can be an equal amount of stress involved with expenses that are generated from the death of their loved one.
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Who Is At Fault When A Person Is Hit By A Car?

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SOUTH FLORIDA ROADS HAVE PROVEN TO BE HAZARDOUS FOR BOTH AUTOMOBILES AND THOSE CHOOSING TO WALK

In the early morning hours on July 22, 2013, a pedestrian, unidentified young woman, was struck and killed by an automobile in Lake Worth, Florida. Reports claim that this victim was either kneeling down, or lying on the roadway when she was struck by the oncoming vehicle. At this stage of the investigation, the identity of the victim is being withheld by authorities until the family who survives her can be contacted and notified of the accident. Officials have confirmed that she was twenty-six years old.

The Palm Beach County Sheriff’s Office has released a statement indicating that the victim was hit while situated on the outside of the eastbound lanes on Lake Worth Road. The vehicle that struck and killed the woman was occupied by two people who were able to walk away from the accident without injuries. The numbers of additional facts that surround this horrific event are still limited given that the investigation remains ongoing.

Having a large populated area like we do here in South Florida creates hazardous conditions at times for many pedestrians who use sidewalks, crosswalks and other paths along busy roadways.

UNDERSTANDING PEDESTRIAN ACCIDENTS

Statistics demonstrate how serious of a problem pedestrian involved auto accidents are. On average, a pedestrian is killed just under every two hours, and injured about every ten minutes by automobiles in the United States. When pedestrian accidents occur, investigators need to look to all the parties involved as both pedestrians and motorists are required to follow traffic laws. This fact may be very basic to many; however, it is extremely important when considering liability of the accident. It can never be assumed that the motorist involved in the accident is the at-fault party by default.

WHEN A PEDESTRIAN IS AT FAULT

When a pedestrian fails to use due care when walking along a major road or busy highway, dangerous conditions are created that may contribute to an accident.

Pedestrians can cause auto accidents when they:

• Cross roads without using crosswalks;
• Walk into the street with oncoming traffic coming;
• Fail to use traffic signals dedicated for pedestrian flow
Following all traffic laws as a pedestrian can greatly reduce the chances of being hit by a car.

WHEN A MOTORIST IS AT FAULT

It becomes a little clearer for us to see how a motorist can be liable for an accident involving a pedestrian. These violations of traffic laws are more regularly heard of by us, and include:

• Speeding • DUI • Careless Driving • Running Red Lights / Stop Signs • Failure to Yield to a Pedestrian’s Right-of-Way • Not Using Signal Indicators
As drivers on the road, it is important for us to be mindful of pedestrians who share the roads with us, and being mindful can come easy if we just follow existing traffic laws.
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Baby Einstein Jumper Recalled: Over 60 Babies Injured Including a Skull Fracture

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Reports are surfacing regarding the company, ‘Kids II’, having submitted to the public a recall of its toy, ‘Einstein Musical Motion Activity Jumper’. Though this recall is apparently voluntary to those more than four hundred thousand purchasers of the toy, the reason for the recall is nonetheless alarming.

The product has reportedly had issues with a part of the jumper that is a sun-shaped piece that can forcefully snap back and cause significant injury to the young child. There have been submissions to the company of reported injuries to infants including a fractured skull, cuts and bruising. Additionally, an adult reported receiving an injury to their mouth, when the same defective piece on the jumper flung back at their face and chipped a tooth as a result.

Being that this product is geared towards infants, only months old, the importance of spreading this information is extremely crucial. The company has provided the jumper’s model number for those who believe that they may have purchased this item; model number 90564. For those parents concerned with the idea that they may have one of these defective products, you can find this model number on the tag that is located under the seat of the jumper.

The specific defective jumpers that are being recalled are ones that were made prior to November of 2011. According to Kids II, the inventory of this baby jumper that is currently on stores’ shelves is not a part of this recall. The Consumer Product Safety Commission (CPSC) urges owners of this faulty and defective product to reframe from further use of the jumper, and to contact the company to have the item fitted with a properly working toy.

Kids II can be contacted at (877) 325-7056 from 8 a.m. to 5 p.m. EST Monday through Friday or you can visit their site at www.kidsii.com and then click on the Recall link at the bottom of the page for more information.

WHEN PRODUCTS FAIL, COMPANIES NEED TO TAKE RESPONSIBILITY FOR INJURIES

Products that are created by a manufacturer defectively cause that manufacturer to be responsible for any foreseeable injuries that come from that defective product. There are necessary safety standards that must be met prior to allowing a product to be sold to the general public. Though this fact remains true with every product sold in the US, a company’s urge to get products on store shelves as quickly as possible sometimes creates situations where certain problems are overlooked.

When a person is injured by a defective product, a manufacturer can be held liable for the injury. Personal Injury claims, under product liability law, are claims that involve a person seeking compensation for the injuries they, or someone they love, sustained due to a defective product. Examples of products that have proven to be defective at times, and have caused injuries, include but are not limited to:

• Children’s Car Seats • Baby Cribs • Toys / Board Games / Sporting Goods • Faulty Power Tools • Defectives Auto Parts • Faulty Home Appliances Read more

Swimming Pool Accidents In South Florida Can Be Prevented

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The Florida summers bring residents and visitors of the state some of the most perfect weather found across the nation. Though some may consider the humidity to be a deal breaker when it comes to outdoor activities, there is no greater relief from the sun’s rays than a quick dip in the pool. We all remember being young and trying to escape the thick summer air by going to our backyard, or community pool, to engage in all the fun activities associated with swimming pools. Most Floridians are raised to appreciate the dangers that come with being around pools; however, year after year, we are left dealing with horrific tragedies that result from accidents and negligent conduct involving swimming pools. Unfortunately for parents, it is children who suffer the most injuries with regard to our summer heat refuge.

In order to try and protect our children from what many of us may consider being a living nightmare, it is important that we educate kids from an early age on the importance of swimming pool safety. The state legislature has indicated that drowning is the number one cause of death of children in this state, and it should be our number one goal as parents and adults to try and change this fact as best as possible. There is a variety of swim lesson courses available to everyone in every county in Florida. Placing our children in swim classes as soon as possible should be our priority given that we are a state that is surrounded by pools, lakes and oceans.

Some programs, such as ones offered through the YMCAs across the state, provide lessons for children as early as six months old. This may sound extreme to some; however, the harsh reality of losing a child to an accidental drowning has to be the most extreme loss one could suffer. These type of programs get children acclimated to being in water, and provide basic knowledge of treading water and getting to the pools edge until an adult can get to them. The simplest techniques that our children can absorb from an early age may be the difference in saving their lives. Also, being certified in CPR training can help to eliminate the time it may take for rescue services to arrive on scene. When we are knowledgeable on how to treat a child who is not breathing due to drowning, we are taking steps towards reducing the number of deaths attributed to swimming pool accidents.

Additionally, home owners and operators of public and private swimming pool facilities need to follow the strict guidelines put in place for the safety of everyone around pools. Mechanisms used to alert us when children have entered a pool area are available for those who own pools. Placing lockable gates around pools is the obvious preventative measure to keep young children away from the water when supervision is unavailable. The unfortunate reality is that even when we take every precaution to prevent our children from being injured around pools, there are still situations where the negligent conduct of a third party is the cause of the harm. Children will always be attracted to pools. It is our responsibility as adults to do whatever we can to help protect them from those unforeseen and devastating swimming pool accidents.
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Florida Drunk Driving Accidents and the Victims Involved

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Losing a loved one is the hardest thing that a person can go through. When someone you care about is no longer here, the emotions that you go through can be extremely overwhelming. Those emotions are amplified when the person you love has fallen victim to the actions of a drunk driver. In 2011 alone, there were over seven hundred fatalities attributed to drunk driving in the state of Florida. The careless decision made by a person who drinks and drives creates life altering effects for many different people. The legal consequences that a drunk driver will take on, the costs to tax payers to prosecute a drunk driver, and the grief that the family of a victim will be forced to deal with, are all examples of different lives which are effected by drunk driving accidents.

From the day that we first get behind the wheel of an automobile, we are taught that consuming alcohol prior to driving can severely increase our chances of getting into a collision. As a preventative measure to encourage drivers not to drink and drive, promoting the penalties that one can incur from driving impaired, could work to deter a person from driving drunk. When we first receive our Florida Driver’s License, we consented to alcohol testing by law enforcement who believes us to be impaired. Failing to comply with such testing will result in an automatic year suspension of our driving privilege. However, there are harsher penalties involved with failing these alcohol tests conducted by the police, even for a first time offender.

First Time Penalties Associated with DUI

Monetary Penalties Ranging from $250 up to $500
• Possible Community Service Hours • Up to One Year of Criminal Probation
• Jail Time of up to Six Months; Nine Months where a Minor is in the Vehicle • Six Month Minimum Suspension of Driver’s License
• Twelve Hour DUI Safe Driving Course
In Florida, there are over fifty thousand tickets issued annually for DUI penalties. Of those tickets, the State has more than a sixty percent conviction rate, which means that our court system is extremely busy prosecuting DUI offenders. With as many DUI cases as Florida has, you can bet that there is a high cost to state and local expenses in dealing with making sure these drunk drivers receive proper penalties for their crime.

Florida DUI Convictions in 2010 According to DMV Records

• Miami – (Miami-Dade County) – 2,274 • West Palm Beach – (Palm Beach County) – 1,561 • Ft. Lauderdale – (Broward County) – 985 • Tampa – (Hillsborough County) – 3,256 • Jacksonville – (Duval County) – 2,222 • St. Petersburg – (Pinellas County) – 1,824 • Orlando – (Orange County) – 1,383 • Melbourne – (Brevard County) – 1,072
There can be no confusion as to the amount of money that is spent annually on convicting DUI offenders. Though it is an obvious necessity to try and penalize these drivers for their actions, it should remain concerning to us as tax payers that the costs allotted for prosecution of DUIs remains consistently high.
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Changes to the Personal Injury Protection Laws in Florida

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The new laws in Florida that cover personal injury protection benefits have been made much more stringent to what they were previously. In general, the time that a person has to make a claim under an auto insurance policy has been cut down significantly, as well as additional steps being added to the process of receiving payments for medical bills.

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Beginning in January of 2013, the changes that the Florida’s legislature created took effect making victims of auto accidents analyze their injuries and property damage in an extremely timely fashion. The policy argument that came from the state was that the new imposed rules would help to prevent fraudulent claims. The unfortunate truth of the situation is that many non-insurance related groups were impacted from these changes, especially those individuals who have been injured in auto accidents.

A major concern of many Floridians is that they will continue to pay the same amount, if not more, in premiums, while possibly receiving less in benefits. It remains the law that all state citizen drivers maintain a minimum of ten thousand dollars ($10,000.00) in PIP coverage, while certain circumstances could leave them being only able to collect twenty-five hundred dollars ($2,500.00) in medical benefits.

The reform to the previous PIP laws has created a fourteen (14) day window in which an initial consultation with a physician must be performed in order to qualify for benefits. Previously, there has been no time restriction at all. If your first date of treatment comes after the fourteen day period, nothing will be paid by the insurance company to your provider. Initial treatments must be provided by a hospital or licensed clinic, or by a select group of professionals, including medical doctor, dentist, chiropractor and paramedic.

There are also two benefit thresholds:

1st: To qualify for $10,000, your injuries must be diagnosed as an emergency medical condition.

2nd: For a non-emergency treatment, the maximum benefit is $2,500.00
Additionally, certain therapeutic treatments will no longer be covered under PIP regardless of when the claim is filed with the insurance company. Insurance companies have no duty to inform their policy holders of the changes either. Though the new PIP laws require that insurance companies lower their policy holders’ premiums by the year 2014, there is nothing preventing them from fighting this and possibly not having to follow through with it. The requirement itself forces the insurance companies to lower rates by at least 25%, but policies held by Floridians only have approximately 20% of their bills attributed to PIP coverage. This fact alone demonstrates that insured drivers in Florida will not likely even feel a decrease in their policy.
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Controversy and Investigation over Medtronic Bone Infuse

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Thumbnail image for bone graft image.jpgThroughout the past few years, Medtronic has been the target of negative publicity with its grafting product, Bone Infuse. Articles in medical journals have been published, disclosing Medtronic as a company that has been less than forthcoming regarding their private studies and the findings those private studies have produced. The side effects that were demonstrated in those studies showed severe complications with their synthetically created protein when used in bone grafting procedures. Additionally, it was shown that Medtronic’s researchers were paid in royalties and consulting fees annually, in some cases exceeding twenty million dollars ($20,000,000.00).

There have been multiple articles published by The Spine Journal exclusively with regards to Medtronic and its Bone Infuse product used in grafting procedures. Also, The United States Senate conducted an investigation in 2011, based on medical journal entries which were alleged to have been written by physicians paid by Medtronic. The journal entries stated no mention of possible side effects in using Medtronic’s Bone Infuse product in grafting procedures. The reality is there were issues with the product, including problems which had potential of causing death. As a result of the investigation by the United States Senate, considerations were made to require all drug companies to publicly reveal payments they made to physicians in the Physician Payment Sunshine Act.

The United States Department of Justice had already begun their own investigation on Medtronic prior to the light being shined on their testing. In fact, the United States Department of Justice filed a lawsuit against Medtronic and claimed that the company was paying physicians for their recommendations to their patients in the use of Bone Infuse. It was claimed that Medtronic was conducting this type of business for over five (5) years. Medtronic was also accused of financing get-away trips as indicated in the lawsuit. The civil case was settled in 2006 for forty million dollars ($40,000,000.00).

Eventually, Medtronic made arrangements to have independent studies conducted by Yale University on its product, Bone Infuse. The studies were made to review the clinical trials which Medtronic conducted since 2002 on its product as well as the reports made by the FDA.

Medtronic Lawsuits

There have been multiple lawsuits filed against the company Medtronic throughout the course of the past few years. A few of those lawsuits include:

December 2008: A wrongful death lawsuit was filed on behalf of a woman in California. The woman received Medtronic Infuse as a part of her surgical procedure. Following the surgery, the women fell into a coma and eventually died. The allegations in the suit provided that there was a failure to warn of possible risks when using the product for off-label purposes, and because Medtronic promoted this type of off-label use, which had never been approved by the FDA, it was asserted that they were liable for her death.
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