Miami Injury Lawyer Blawg

Spinal Cord Injury Facts and Statistics

Thu, 23 May 2013 13:37:56 -0500

Occurring in numbers too frightening to consider for some, spinal cord injuries take a significant toll each year on families, individuals, and medical expenditures. The life changing effects of a spinal cord injury can range from temporary impairment to full and complete paralysis to death.

In the United States alone, there are somewhere between 10 and 12 thousand spinal cord injury occurrences each year. These significant numbers contribute to the ever growing numbers of 250,000 people plus who are living with a spinal cord injury of some type.

A Spinal Cord Injury (SCI) Primer Crash Course:

Depending on where a spine is injured will dictate the type of impairment, severity of impairment, and likely the degree of recovery which is possible (but not always). The spine is divided into C-spine, T-spine, L-spine, and S-Spine for cervical, thoracic, lumbar, and sacral.

• The cervical spine (top) are C1 - C7 and the nerves in this area control vital bodily function signals for the diaphragm (breathing), hands, arms, head, neck, and shoulders.

• The thoracic spine (middle) are T1 - T12 and the nerves control the musculature in the chest, back, and part of the abdomen.

• The lumbar spine (lower) are L1 - L5 with nerve signals transmitting to the lower abdomen, buttocks, back, and part of the legs. Although all of the lumbar areas can suffer from injury, the actual spinal cord terminates between L1 and L2.

• The sacral spine (hip region) are S1 - S5 and has nerves sending signals to the external genitalia, thighs, lower legs, and feet.

• Coccygeal (tailbone) vertebrae - four bones form the coccyx and innervation occurs from the skin of the lower back area

Spinal Column Facts
• Formed by 33 bones or vertebrae
• Forms the spine down middle of back
• Central nervous system is made of spinal cord and brain
• Critical components of physical movement and activity

Spinal Injury Facts
• Almost 39% caused by car accidents
• 16 - 30 years old age group - 55% of victims
• Medical costs average $4 billion

Types of Spinal Cord Injuries
• Broken back - fracture or dislocation of vertebrae
• Compression injury (vertebrae forced together)
• Crush injury (one or more vertebrae is crushed)
• Spinal cord cut all the way through (severing)
• Other external injuries

This terrible assortment of injuries occurs primarily from three areas but there are a few others also.
• Vehicle accidents - 37%
• Acts of violence - 28%
• Falls - 21%
• Other category - 8%
• Sports injury - 6%

Plastic Surgery Injury and Negligence Statistics

Mon, 20 May 2013 13:32:12 -0500

If you or someone you love is considering plastic surgery of any kind, you would be best to become fully aware of all of the risks associated with surgery in general and your particular surgery in particular. As the population is aging the number of individuals seeking to change or alter their physical appearance in some way seems to be increasing.

Though most physicians are upstanding members of the medical and social communities, one should be cognizant and aware of the potential issues that could be faced as a result of trying to alter the gifts of Mother Nature (wanted or unwanted). Regardless of how simple or complex a surgery in question, surgery involves inherent risks and should be considered prior to "knife time."

Cosmetic surgeries are by far more prevalent in the United States than in the United Kingdom and Canada.
• United States - nearly 14 million
• Canada - just over 300,000
• United Kingdom - just over 43,000

Cosmetic Surgeries per 1000 citizens
• United States - 40
• Canada - 8
• United Kingdom - 0.7

By Gender and Age groups:
• 91% of Cosmetic Surgeries are performed on women
• Almost 50% of surgeries - 40 - 54 years old
• Around 25% of surgeries - 55 plus years old
• Almost 20% of surgeries - 30 - 39 years old
• Less than 5% of surgeries - 20 -29 years old
• Around 1% of surgeries - 13 -19 years old

Side effects from most things medical whether medications or surgery can occur. Always be aware of potential side-effects because some of them can spell disaster. Be aware of the facts.

• Buttock implants -40% of patients have complications
 Implant rupture
 Fluid leakage
 Nerve or skin damage
 Bleeding
 Pain and swelling
 Infection

• Rhinoplasty - 10% have complications of soft tissue and skin
 Infections
 Loss of smell
 Bone collapse

• Breast Implants
o 70% lose sensation in nipple
o 16% suffer with painful hardening breast tissue
o 3 - 5% tissue dies and requires surgical removal due to toxicity

• Teeth
o 2 - 4% have allergic reaction to resin used when fixing veneers

• Botox
o 12% suffer URIs (upper respiratory infections), back pain, dizziness, extreme coughing, inflammation of nose, muscle tensing abnormalities, change in muscle flexibility
o 10% hemorrhage, neck pain, headaches, sore throat, generalized pain, excess sweating
o 4% can suffer with an abnormality where eyelids close involuntarily (blepharophasm)
o Body can swell uncontrollably - in reaction to the Botox toxin

Medical errors occur and medical risks are inherent in surgery regardless of how good doctors are. However, there are always the outliers such the fake doctor of buttocks implants above. Be sure your surgeon is well researched, can provide examples, and patients with whom you can speak. Investigate them on the front end so you don't suffer on the backend.

• 44% of cosmetic surgeons don't have proper equipment
• 50% of patients receive inadequate care
• 1% of patients are injured in hospital

Negligent facts related to medical profession and medical errors:
• Medical errors cost $29 billion or more in the United States each year
• 100,000 death in hospitals due to medical errors
• 40,000 United Kingdom women had faulty implants fitted
• 1,500 patients have items left in their bodies each year during surgery

Methadone Dangers and Side Effects

Thu, 16 May 2013 13:27:18 -0500

What is methadone?

Methadone is a man-made (synthetic) compound. It is a narcotic (opioid) analgesic. This means it's made by man for the purpose of treating pain. However, it is also used to treat opioid dependency. As an anti-addictive, this medicine may be obtained from a physician or from a methadone clinic.

Frequently used for the treatment of chronic pain and drug addiction because of:
• Low cost
• Powerful effects
• Long duration

Methadone is available in both pills and liquid forms. Pills are most often used for chronic pain while the liquid form is used to treat opiate addicts. As one of the longest acting narcotics, Methadone can stay in the system for more than 20 hours.

Although there are good points to the medication, the downsides are extreme as well.
• Combined with alcohol can increase risk of addiction and abuse leading to death
• Deaths which involve painkillers - Over 30% involve methadone
• Death toll increasing

As a percentage of all painkillers prescribed Methadone prescription numbers vary throughout the states. In varying strengths, Methadone accounts for the following median percentages throughout the nation.
• 15% - 14 states
• 10% - 11 states
• 7.6% - 13 states
• 5.5% - 12 states

One can see from the numbers this drug is used quite extensively and also contributes to a significant number of deaths throughout the nation. Anytime narcotics are used at these rates abuse and addictions are certain to follow. These manifest in both psychological and physical signs and symptoms.

The Psychology of Abuse:
• Need for money - stealing or borrowing
• Losing interest in normal activities
• Loss of interest in personal self - hygiene, general upkeep
• Becoming standoffish from friends and loved ones

Physical Presentation of Addiction:
• Sweating / flushing
• Nausea / vomiting
• Trouble sleeping / drowsy
• Seizures
• Rashes / hives
• Decreased sexual interest

Physical signs of Withdrawal:
• Very small pupils
• Limp muscles
• Shallow breathing
• Can't stay awake
• Losing consciousness
• Cold, clammy skin
• Blue tinged skin

Symptoms of Methadone Withdrawal:
• Overly anxious
• Nausea
• Dilation of pupils
• Sweating
• Pain in muscles
• Becoming paranoid
• Agitation out of context

Clinics for methadone exist throughout the nation treating around 250,000 people or more. Though treatments may be legitimate or may not be, the act of being treated does not indicate who is or may be addicted to Methadone.

Benchmark For Drunk Drivers Could Be Lowered

Wed, 15 May 2013 06:22:37 -0500

Its no secret that Impaired driving remains one of the biggest killers in the United States. In particular, drunk driving accidents in Miami and Miami Beach are a common occurrence.

The National Transportation Safety Board today recommended that all 50 states lower the benchmark for determining when a driver is legally drunk from 0.08 blood-alcohol content to 0.05. The idea is part of an initiative to eliminate drunken driving, which accounts for about a third of all road deaths.

Lowering the rate to 0.05 would save about 500 to 800 lives every year, the safety board said.

NTSB has no enforcement power over the states, so the change would have to come from state legislatures and governors. The National Highway Traffic Safety Administration said Tuesday that it would help states that decide to implement the recommendation and encouraged them to take other steps that would prevent impaired drivers from getting behind the wheel.

Under current law, a 180-pound male typically will hit the 0.08 threshold after drinking four drinks in an hour, according to an online blood alcohol calculator published by the University of Oklahoma. Comparatively, studies show that the average Miami citizen, a 5-foot 10-inch, 160-pound 26-year-old male in good health, would reach 0.05 with three beers over an hour.

As a Miami personal injury lawyer that represent victims of car accidents, I would be in favor of any measure that would reduce fatal injuries. However, I am not sure that reducing the bench mark from 0.08 to 0.05 would have that effect. To that end, Federal statistics show that more than 70 percent of drunken-driving fatalities involve drivers with a blood-alcohol level of 0.15 percent or more, and that the average level of a driver involved in a fatal crash is 0.16.

Depakote Birth Defects when Taken During Pregnancy

Mon, 13 May 2013 13:22:08 -0500

Depakote is an anti-seizure medication that is taken in oral form. This medication, as the generic divalproex, was first approved in 1978 for the treatment of epilepsy and other seizure disorders. Depakote (divalproex) is also used to treat bipolar disorder. You may have also heard this drug called valproic acid because this is the active ingredient in divalproex.

These medications by whichever name you choose are classified as Category D drugs regarding birth defects. What this means is that the FDA places the drug in a category of high risk for causing potentially life-threatening birth defects. This is such a severe classification that these medications should never be given to pregnant women without extreme consideration for the likely effects on the fetus.

Besides birth defects here are the known side effects of Depakote:

• Anorexia - loss of appetite
• Polyphagia or hyperphagia - increased appetite
• Weight gain
• Loss of balance
• Dizziness
• Impaired coordination
• Dream abnormalities
• Vomiting
• Fever
• Darkened urine

As serious as these side effects sound they can get worse. There is a classification of side effects from the FDA called "Black Box" side effects. These are potentially serious side effects.

Depakote was assigned a Black Box warning in 2006. Side effects include:
• Hepatoxicity - damage to the liver from some chemical
• Teratogenicity - capability of causing birth defects
• Pancreatitis - inflammation of the pancreas (a serious illness)

Risks to unborn babies are extremely dangerous. Those could include:

• Cleft palate
• Hypoplastic right heart
• Undescended testes
• Malformation of the hands
• Dysplastic ribs
• Hypospadia
• Spina bifida
• Fetal death

These "black box" side effects can be anywhere from surgical intervention to serious lifetime consequences to death.

The same year that Depakote received the Black Box warning, it was also the second most prescribed epilepsy medication. Valproate is now the word wide leader in anti-epileptic meds.

So what's the real risk to the fetus you might wonder?

The New England Journal of Medicine published evidence to support a fourfold increased risk of birth defects when mothers took anti-seizure medications. Those risks include risk rates as follows:

• Almost 13 times the risk for Spina Bifada
• 7 times the risk of cranio-synostosis
• 5 times the risk of cleft palate
• 2.5 times the risk of atrial septal defect
• 2 times the risk of poly-dactyl

There's no doubt if you took Depakote, a generic, or valproate during pregnancy and you have a child born with birth defects, you need to talk to a Depakote attorney. Your situation and your child should be fully evaluated to see the full diagnosis, prognosis, and all costs that have been and will be associated with caring for your child.

In 2012, due to investigation outcomes and a plea of guilty, Abbot Laboratories agreed on a $1.5 billion settlement due to marketing Depakote for uses other than those approved by the FDA.

Athlete Concussions and Head Injury

Thu, 09 May 2013 13:12:35 -0500

Experts studying the impact, threat, and potential effects of concussions on young athletes' leverage heavy warnings to heighten the awareness surrounding the long term effects. Consider this:

• Brain development not complete until mid-20s
• Injury to a not fully developed brain may change path of a life
• Women are more disposed to concussion maybe because necks not as strong
• Children are more prone because of weaker necks

Lobular functions

Temporal:
• Emotions
• Processing of visual and speech cues
• Short to long-term memory transference

Prefrontal cortex:
• Subtle social cue comprehension
• Social interaction and thinking abilities
• Reasoning
• Moral reasoning
• Planning
• Decision making processes
• Problem-solving
• Container thinking
• Task switching

It is a Serious Problem

Athletes need to be made aware of the serious possible repercussions of concussions. The number one reason some players don't report a concussion is they don't think it's serious.

Reality stats tracked by National Center for Catastrophic Sport Injury Research from 1995 -2004 every year
• Football head injury deaths - 44
• High school head injuries with residual lifetime effects - 43
• College players with residual lifetime effects - 5

What is SIS?

Here's how serious: SIS - Second Impact Syndrome can be.
• 5.1% of football players in college and high school suffer a concussion during a season
• 14.7% of first concussion sufferers will suffer a second concussion
• 47% of high school players report ONE concussion during a season
• 35% of high school players report more than ONE concussion during a season

When a concussion occurs, the brain nerve cells are not at peak performance. Until full recovery occurs, victims are more likely to be reinjured. If re-injury occurs the outcomes can be deadly. This is SIS.

SIS kills up to 50% of the victims who suffer with it. If they don't die, they are likely to suffer long-term brain damage and / or disability. 95% of these SIS victims are under 18 years old.

Explaining Concussions:

Sudden acceleration or deceleration of the head, sudden impact of the body causing the head to abruptly turn or twist, or bumping and/or knocking the head so the brain bumps around in the skull can all cause the phenomenon known as concussion.

Nerves or neural tissues are not mean to sustain harsh and violent shaking, banging, etc. This type of abuse can damage the tissues and blood vessels of the brain. When trauma to the brain occurs a biochemical cascade of calcium and potassium ions floods the brain. In response, blood vessels constrict and slow the energy food glucose. This lack of energy is a brain crisis and leaves the brain susceptible to further injury until recovered.

Concussion Signs & Symptoms:

Early - within minutes to hours
• Nausea/vomiting
• Slow to respond to questions
• Lack of awareness
• Amnesia - forgetfulness
• Headache
• Dizzy / unsteady / clumsy

Late - days to weeks after event
• Continued headaches
• Sleep problems
• Anxiety or depression (new onset)
• Irritability
• Lack of concentration or focus
• Dizziness or light headed feeling
• Memory issues
• Tiredness
• Sensitivity to lights or noise

Can we prevent Concussions?

General prevention:
• Always wear proper head gear when playing any contact sport
• Increase awareness - educate and stay up to date on new studies
• Develop adequate policies and plans for concussion addressing
• Educate athletes and families that playing with injuries is not smart

Contact Sports Prevention:

Football:
• Enforce head cannot be used as first point of contact for tackling and/or blocking
• Coach and teach proper blocking and tackling techniques

Softball & Baseball
• Ban head first slides or teach proper technique
• Require pitches to wear helmets for batting practice

Soccer
• Anchor soccer goals
• Do not allow players to climb on goals
• Assure proper moving, storage, and maintenance of goals

Hockey
• Enforce rules against pushing/checking from behind
• Instill conditioning programs to strengthen neck muscles

Swimming & Diving
• Competitive divers must stretch and strengthen to help prevent shoulder injuries
• Enforce rules for racing dives, platform heights to water depth ratio

Common Misconceptions related to Concussions:
• Mouth guards do not prevent concussions
• You do not have to be hit in the head to get a concussion.
• You do not have to pass out to have a concussion.
• Concussions are a VERY big deal

Stats & Facts
• NFL players with history of 3 or more concussions show increased links to depression and cognition difficulties common to Alzheimer's patients
• NFL posthumous study found Chronic Traumatic Encephalopathy tangles similar to dementia victims
• Long term effects of brain injury on young brains are cause for great concern

Traumatic Brain Injuries (TBI) 1995-2001
• Unknown how many received no care or other care
• Over 1.1 million emergency department visits
• 235,000 hospital stays
• 50,000 deaths
• 300,000 sports related - grossly under reported (750,000 - 2.25 million estimated)

Ages 5-14 Emergency department visits
o 32% hit by something
o 28% fall
o 14% vehicle crash
o 7% assault
o 19% other
o Of the top 60% most recognized as sports injuries

20 most dangerous sports or recreational activities
• Cycling - 70,802
• Football - 40,825
• Basketball - 27,583
• Baseball & softball - 26,964
• Powered recreational vehicles - 25,970
• Soccer - 19,252
• Skateboards or scooters - 18,324
• Fitness or exercise club - 14,713
• Horseback riding - 11,749
• Winter sports - 11,723
• Water sports - 11,239
• Golf - 8420
• Gymnastics/dance/cheerleading - 6364
• Trampolines - 5971
• Hockey - 5272
• Rugby/lacrosse - 4387
• Other types of ball sports - 3935
• Skating - roller or inline - 3320
• Ice skating - 3115
• Wrestling - 2643

What is a Traumatic Brain Injury (TBI)

Tue, 07 May 2013 13:44:38 -0500

Brain injuries are begun by some type of traumatic event. Brain injury damages are compounded by swelling, pressure on and around the brain, and lack of oxygen caused from all of these factors. Causes can be such things as vehicle accidents, assaults, weapons, falls, sports, etc.

Brain injuries can be thought of in stages from primary, to secondary, to tertiary.

Primary Brain Injury

This is the actual injury that occurs. This can be a closed head injury, an open or penetrating wound, or a crushing injury. All of these injuries have different causes, symptoms, and outcomes.

• Closed Head Injury
o Most common
o Rapid acceleration / deceleration injury (sudden stop or hit from behind or side)
o Brain shifted abruptly in its enclosure
o May twist, be bruised, fibers torn, stretched, etc.
o Brain abrasion on bony ridges of skull anterior
o Brain vessel injury causes bleed

• Open or penetrating wound
o Less common
o Skull cavity is invaded / skull broken
o Brain actually exposed
o Brain itself possibly damaged
o Bullet, knife, kickstand, etc.

• Crushing
o Least common TBI
o Damages base of skull, brain stem
o Head between two solid objects (car and payment)
o Could be completely conscious

Secondary Brain Injury

When a primary injury occurs there is a high risk for secondary injury related to oxygen deprivation. The brain cannot survive in a poorly oxygenated environment without suffering damage to some of its higher processes. This oxygen disruption can occur due to:

• Airway blockage from vomit or blood
• Airway damage
• Airway obstruction
• Blood loss

Emergency treatment methods of first responders have evolved to include quick resolution for oxygen impairment. This could include removal of blockage, supplementation, or blood transfusions.

Tertiary Brain Injury

Follows primary and secondary injury but can occur days or even weeks afterward. Causes include:

• Brain swelling
• Bruising of brain tissues
• Brain bleeding

The unyielding bones of the brain do not have expansion room as leakage or brain swelling occurs. This leads to pressure being exerted on the brain causing damage and/or squeezing of the blood vessels impairing circulation within the brain. Increasing intracranial pressure must be measured during hospitalization.

Other interventions could include:

• Ventilation to assure adequate oxygen

• Deceased fluid and salts to decrease fluid in the brain

• Blood clot protection
o Can occur in brain (intervertebral)
o Between brain and skull (subdural or extradural)
o Even slight head injuries should be watched for this

TBI Severity can be rated according to measures of how much and to what degree there is a lack of consciousness and/or the degree of post trauma amnesia (PTA) which occurs. Generally speaking the longer one or both of these persists, the worse the injury and possible outcomes.

Effects of TBI

Brain injury can result in cognitive, physical. And/or emotional and behavioral problems. Cognitive impairment results in changes of thoughts, learning ability, and/or memories.

• Memory - face and name recognition, past learning, new learning may be affected
• Motivation - decrease in this area common. Could be depression symptoms.
• Poor concentration - inability to stay on task and complete task
• Deceased speed of information processing
• Impaired problem solving ability
• Continuous repetition - get stuck and unable to break cycle of behavior

Physical impairments are recoverable. Some may not be visible while others can be quite severe.

• Fatigue
• Mobility
• Sensory impairment
• Speech difficulty
• Epilepsy - seizures can occur following brain injury
• Paralysis and/or weakness
• Ataxia - tremors, unintended movements
• Hormonal imbalance - damage to hypothalamus or pituitary gland

Emotional impairments following TBI can significantly affect mood and emotions.

• Impaired confidence
• Mood liability
• Depression
• Sense of loss
• Anxiety
• Anger or frustration
• Obscene or abusive language or behavior
• Loss of inhibition
• Impulsive behavior
• Obsessive behaviors

The Florida Legislature Strikes Again

Sun, 05 May 2013 19:39:24 -0500

Every year we sit back, like sheep to slaughter, and watch the Florida Legislature and Governor Rick Scott put their interests, ahead of the good people of Florida. I forgot, why are these people in public office??? Oh, I forgot, to help the citizens of Florida. Well apparently, Florida's population consists of Insurance companies, car dealers. and nursing homes.

Higher teacher pay-forget it, School safety-forget it, Minors and texting-forget it, Texting penalty-forget it. So what did our elected officials do In Tallahassee? The usual, they again limited access to the courts for victims of medical malpractice, they refused to abolish PIP, and the beat goes on. Every year, little by little, more rights are lost and more handouts are given to the insurance lobby.

Most of us read about the new laws in our local newspapers, and they seem like nothing more than words on a piece of paper. That is until the laws somehow apply to you.

As a Miami Medical Malpractice lawyer, I have to explain to my clients that the death of their loved one has a cap. That all the memories they shared with their father, mother, wife, son or daughter is only worth so much. If by chance their loved one was just severely injured and not dead, their loss is worth even less. At that point a client will usually tell me that they never knew that law existed-and that is exactly the way the florida legislature does it every year.

Last year they passed a law that expert witnesses' that were not licensed in Florida had to apply to state for a special license. This year, they passed a law that makes it even more difficult to retain expert witnesses to testify about what the offending doctor did wrong. The latest amendment now prohibits overlapping medical specialties from offering expert opinions. Even if two doctors perform the exact same procedure the exact same way, they cannot opine on the care rendered if their background or training is in different specialties. A cardiologist can't comment on the care of a vascular surgeon, a neurosurgeon can't comment on the care of an orthopedic surgeon-even if they do the exact same procedure.

By the way, who does this benefit? As a citizen of Florida why would I want such a law? The answer is simple; Insurance companies-and you don't want this law.

Paxil and Pregnancy: Side Effects of Paxil in Pregnant Women

Thu, 02 May 2013 13:16:20 -0500

Whether 10 mg or 40 mg or anywhere in between, taking Paxil while pregnant can lead to serious consequences for the baby and therefore, the family. Babies born with heart defects secondary to mother's use of Paxil during pregnancy may not live.

Some may die early, others may survive with surgery, but regardless of outcome the Paxil dangers are very serious.

Pregnant women sometimes still need to take medications. If suffering with problems such as:

• Depression
• PTSD - post traumatic stress disorder
• GAD - generalized anxiety disorder
• OCD - obsessive compulsive disorder
• Panic disorder

Paxil, a selective serotonin reuptake inhibitor (SSRI) antidepressant made by GlaxoSmithKline, came out in 1992 and was designed to address these types of problems. Antidepressants are an extremely profitable market as you can see here.

Cost of Paxil around the world. Values are approximated:

• United States $65
• Germany $55
• Denmark $40
• Austria $38
• Mexico $37
• UK $36
• France $35

Now look at the profits from all of these top selling antidepressants just in the United States alone.

1. Zoloft $29.7 million
2. Lexapro $27 million
3. Prozac $22.3 million
4. Wellbutrin $20.2 million
5. Paxil $18.1 million

This is quite a profitable market as you can see. GlaxoSmithKline rakes in a ballpark $37 billion in this profitable area alone. Even with a billion dollars in lawsuits from Paxil they still seem to be doing pretty well.

Now let's talk about risks. Because approximately 1/4 of pregnant women can suffer from depression, it's important that meds are safe if marketed to them and for them. Risks to unborn infants is a high consideration because half of these women wind up taking some type of antidepressant during a pregnancy. Making sure medications marketed to pregnant women are safe is critical. See below for why.

It was found that women taking Paxil during a pregnancy had six times the risk of having a baby with persistent pulmonary hypertension (PPHN). That's double the risk to the baby as compared with women never taking an antidepressant during pregnancy.

PPHN can be in the form of VSD - ventricular septal defect or ASD - atrial septal defect

These defects must be repaired and/or can lead to death. The ventricles are the lower heart chambers and the atria are the upper heart chambers. The septum is a division between each atria and between the ventricles. When there is a defect, there is a hole in the septum which allows blood to flow from ventricle to ventricle and/or from atria to atria.
This is not supposed to ever occur. This leads to poor oxygenation in the blood and can lead to inability to sustain life, if severe enough. Hence the Paxil birth defect phenomenon can be an extremely serious situation for a baby who is affected by it.

Whiplash Injury Claims

Mon, 29 Apr 2013 17:32:55 -0500

Some people claim and like to believe that whiplash claims are not real. Claims are made that claimants are faking just to win money, to not have to work, or to make someone else's life miserable. That is generally not the case. On the average, people are honest, hardworking individuals. Most people when it comes to a whiplash claim or any other personal injury claim, actually downplay the severity of their injuries due to embarrassment, pride, denial, or maybe just not wanting to blame someone else.

Whiplash victims may actually be harmed worse because of the negative connotations such as these. Many people would rather suffer in silence than be labeled a fake or a fraud. That's not fair to do for innocent victims of any mishap.

In reality here are some numbers regarding whiplash and whiplash claims.
• Whiplash is not epidemic: 1 in every 100 suffered a whiplash injury
• 547,405 whiplash claims were filed in 2011/2012
• Whiplash claims fell 24,000 over the last 12 months

It's common knowledge that people and victims more so have some issues with trust. Whiplash injury victims overwhelmingly put their trust in certain areas.
• 72% trust their doctors
• 39% trust their attorney
• 21% trust their insurer
• 13% trust their MP (other medical practitioner)

Who decides to file a whiplash claim and why?
• 33% or 1/3 respondents pursue on their own
• 30% encouraged by insurance companies
• 21% encouraged by an attorney/lawyer
• 18% relatives or friends encourage

When deciding whether or not to pursue a claim, it's a good idea to be aware of the longevity of the problem. How long will this injury effect you? Is it recoverable? Totally or partially? Wow, that's a lot to think about.

Here's an idea of the duration of whiplash symptoms to consider when thinking about a claim.
• 25% - weeks
• 24% - months
• 20% - more than a year
• 13% - more than 6 months
• 13% - days
• 5% - a year

Considering the potential for long-term effects, this injury is worthy of awareness. Honesty is important and overall is preponderant. Fraud occurs and wastes money, but not only in whiplash claims. Eliminating fraud across all spectrums would help stop the mistrust associated with whiplash and other claims. Due to the potential severity, long-term effects, potential life-effecting restrictions (even if short term), protection of honest whiplash claim victims is an important goal.

Special Session May Do Away With PIP

Thu, 25 Apr 2013 19:23:52 -0500

We can only hope that the Florida legislature calls a special session to day away with PIP. The abolishment of PIP will lead to the end of PIP clinics, insurance fraud, and 411-pain and the like.

As a Miami Personal injury lawyer that represents car accident victims, I am troubled by the image that PIP clinics perpetuate, and the misinformation that they broadcast on our televisions and radios all day long.

David Simmons, the head of the Florida Senate's Banking and Insurance Committee, will recommend legislative leaders call a special session to repeal no-fault auto insurance if judges reject reforms the state made to the system a year ago.

In last years legislative session the state made sweeping changes to personal injury protection laws-known as PIP or No-Fault. The changes in the law were senseless. The new law required accident victims to see a doctor within 14 days and only patients with an "emergency medical condition" could get the full $10,000 worth of care. Otherwise, only $2,500 is paid out. In addition, acupuncture and massage therapy was not covered under the new law. Thankfully, Judge Terry Lewis, in a well reasoned opinion, eviscerated the changes, because they didn't adequately compensate drivers for giving up their right to sue.

Simmons, in response, drafted fresh legislation that would void the requirement that all Florida drivers carry PIP and instead mandate they buy bodily injury liability coverage, which would require the injured driver in a car accident to sue the at-fault driver to obtain the money to pay his or her medical bills.

PIP is a system that cannot be fixed. It simply doesn't work, and needs to go away.

Pro Se vs. Not Pro Se Statistics

Thu, 25 Apr 2013 17:26:59 -0500

First of all, what is PRO SE? Simple enough to answer, but a good question nonetheless. Unless you live, eat, and breath in the legal environment or you've been to court representing yourself, you may never have heard these words.

Pro se is Latin for meaning "for oneself." It means in a court of law that you decide to represent yourself rather than have someone else represent you. It can also be interpreted to mean "on one's own behalf."

It's not uncommon for folks to want to save the money of hiring an attorney, but is that always the wisest route to go? When it comes to personal injury cases is the ordinary person as capable of representing themselves as a schooled personal injury attorney? Let's take a look.

Average Person
• Minimal, if any, law knowledge
• Minimal, if any, experience with personal injury case
• Injury may cause physical or mental impairment - inability to represent self
• Likely settle for less than if represented by attorney

Personal Injury Attorney
• Law degree and Law school
• Daily job - handle personal injury cases
• Takes care of the case preparation, evidence collection, paperwork, and court appearance helping you to worry only about recovery
• Often obtains higher settlements because they know how to negotiate for fair compensation

Given all of these facts, do people still do Pro Se? Yes, they do. In fact, in 2010-2011, in California courts there were about 9.5 million cases filed. Almost 31,000 were civil cases. Check out this breakdown:

Pro Se
11,588
37%

Non-Pro Se
19,113
62%

That's a lot of people who apparently did not receive the best representation or didn't get the best settlements possible. Why does this occur? This survey of 61 chief justices may give us a clue into the problems associated with Pro Se cases.

• 70% believed pleadings/submissions were not understandable, unnecessary, and/or illegible
• 67% believed responses to motions for dismissal or summary judgments were flawed
• 58% felt the Pro Se litigants lacked law knowledge sufficient to help their cases
• 54% felt the Pro Se litigants failed to object when they should have
• 53% felt the Pro Se litigant actually failed to understand the consequences of their own actions or inactions
• 49% stated that the Pro Se litigant failed to file their pleadings or submissions to completion

Most people would agree that education as a whole is good. People would also likely agree that individuals go on to higher education for purpose. It would then seem to reason that people would agree the purpose and intent of higher education is good. Why then would individuals not seek out representation by an educated attorney when they would more than likely be more successful?

Pedestrian Accidents and Unsafe Crosswalks

Mon, 22 Apr 2013 17:20:52 -0500

Throughout many cities in our modern society we have instituted crosswalk marking systems to assist the pedestrian on their journey to and fro. Some pedestrians are out shopping, out sightseeing, exercising, walking for pleasure, or even going to work. These roadmaps of crosswalks affords the pedestrian right-of-ways, increased safety, saved time, etc. Well, we would hope for increased safety, but that's not always the case.

According to a study in San Diego there are apparently six times more crosswalk pedestrian accidents involving marked crosswalks as unmarked crosswalks. Unmarked crosswalks can be found at all intersections by State Law. As stated, they are unmarked, so why do they cause less injury than the marked crosswalks?

Reasons for Pedestrian Accidents on Marked Crosswalks
• False security
• Pedestrians less cautious
• Pedestrians not as defensive

Reasons for Pedestrian Accidents on Unmarked Crosswalks
• Pedestrians not as secure
• Pedestrians less confident
• Pedestrians take more precaution

Just because marked crosswalks are brighter and marked, does not make them safer. These are designed to help pedestrians move quicker through the complexities of confusing and busy intersections. Alone they are helpful, but not inherently safer. Marked crosswalks are much safer when combined with other traffic control devices such as walking signs, flashing lights, etc.

There are many factors than can lead up to increased hazards of marked crosswalks. These dangers can be amplified by:

• Pedestrian false security - believe the driver's will stop just because the crosswalk is there
• Pedestrian over confidence
• Driver's not slowing down

Biomet Hip Replacement Legal Settlement

Thu, 18 Apr 2013 17:17:31 -0500

Biomet hip replacements have run into more than one serious issue over the last several years. When the M2a metal-on-metal replacement system was birthed in 1996, it quickly became a popular. Second in line only to the DePuy ASR device (which has also seen rocky waters), the Biomet M2a-Magnum hit the ground running to the tune of million in profits.

Biomet advertises the M2a-Magnum extensively on its website claiming the metal-on-metal large head device provides enhanced stability and suffers from less wear than other devices. Many medical studies dispute the claims of Biomet instead suggesting instead that the large head is a danger. The studies suggest the can cause increased metal ion concentrations in the bloodstream. Further, it has been shown that metal-on-metal devices such as the M2a-Magnum and even the DePuy ASR are much higher fail rates than over replacement devices.

Biomet has a selection of seven metal-on-metal devices:

• M2a-Magnum
• M2a-38
• M2a-Taper
• M2a-28mm
• Stanmore
• Exceed ABT

There are some common side effects with Biomet products including pain and swelling. However, the serious side effects are called just that because they are not so common:

• Fractures
• Device dislocation
• Osteonecrosis - bones loose blood supply; leads to pain and collapse
• Ossification - new bone forms in tissues where they shouldn't
• Debris buildup
• Device loosening

The Biomet Hip Replacement history on a timeline:

1996 - M2a metal-on-metal hip replacement comes to market
2001 - Zirconia Ceramic Femoral Head hip devices recalled by Biomet due to linked with fracture within 13 -27 months of implantation
2004 - M2a-Magnum comes to the United States
2009 - After 10 years on the market, more than 110,000 M2a hip replacement devices had been implanted.
2012 - Fail rate of metal-on-metal hip replacement devices revealed to be 14%. British Medical Journal published article with claims.
2012 - Biomet settled lawsuit filed against them by the Securities and Exchange Commission to the tune of $22.9 million. The lawsuit alleged Biomet bribed physicians in Argentina, Brazil, and China into using their products from 2000 - 2008.
2012 - A published medical study in the Journal of Bone and Joint Surgery reported that 39% of patients with large diameter head metal-to-metal implants, like Biomet's M2a-Magnum, developed pseudo tumors.
2013 - FDA became the recipient of more than 500 adverse event reports on the Biomet M2a-Magnum

With the evidence and the progression of occurrences, it appears Biomet may be on the verge of further dismay. The company's fate is not what is in question, however. Patients who have received implantation of the Biomet M2a-Magnum would be advised to discuss this evidence with a trained professional.

The Actos (Pioglitazone) Lawsuit Timeline

Mon, 15 Apr 2013 17:15:24 -0500

When Actos, a type-2 diabetes medication, first hit the market in the late 1990s it was ranted and raved as the next best thing to peanut butter. Okay, well, not quite that good, but it was thought to be nearly a godsend to many diabetics. But...at what cost?

As with any medication there are always potential side effects. Common side effects include shortness of breath, weight gain, swelling, and hypoglycemia (too much decrease in blood sugar). Other more serious side effects could include such things as eye or bone problems, bladder cancer, or cardiovascular events such as stroke, heart problems, or a heart attack. Yep, those are pretty serious!

The exponential growth of the Actos medication timeline is no less than astronomical. Within just a few short weeks of its 1999 release to the wondrous medical marketplace this drug had grossed over $48 million. Just nine short years later, Actos had exceeded $4.6 billion.

Actos might be good at helping control blood sugar, but is it really that good? Or was it sly marketing, physician purchasing, and the host of other tactics used by pharmaceutical companies that pushed the product and forgot the patient once again?

The Actos timeline from 2008 forward presents an interesting picture beyond the unprecedented dollars in growth across proportionate years. Watch as the good and the bad unfold. Good for the profits, bad for the patient.

• 2008 - becomes 10th most prescribed drug
• 2008 - A Swiss medical study published by the Archives of Internal Medicine found glitazone diabetes drugs (Actos and Avandia) could cause a double or even tripled risk for fractured or broken bones
• 2010 - FDA reports 2.3 million patients filled a prescription for either Actos or similar drugs in one year
• 2010 - A Whistleblower Lawsuit with Helen Ge accused Takeda, a Japanese pharmaceutical company and manufacturer of Actos, failed to report all of the Actos adverse events and falsely led the FDA and the public into believing Actos was safer than it was
• 2010 - Actos linked to 243 cases of heart failure and 121 heart attacks by Circulation: Cardiovascular Quality and Outcomes. 217 of these case ended in death.
• 2011 - Takeda embroiled in more than 10,000 lawsuits

In a 10 year investigation on Actos performed by Kaiser Permanente Northern California, Actos was further found to increase patients' risk of bladder cancer by 40%; patients on Actos more than 1 year.

Again mega money, mega profit result in mega remorse for the innocent.