Panama City Florida Injury Lawyer Blog

Investigators Still Looking For Answers in Florida I-75 Pile Up That Killed Ten

Sat, 04 Feb 2012 06:01:34 -0600

Local community members are asking many questions about the safety of our area roadways following a series of Florida car accidents last Sunday on Interstate 75 that took the lives of at least ten Floridians. Those driving in the area probably noticed that heavy smoke and fog blanketed large stretches of the highway, making visibility for drivers close to impossible. The fog was caused by a fire that had started in the Paynes Prairie area south of Gainesville. According to a report in the USA Today, it wasn't long before the weather led to a three-vehicle accident. One motorist was severely injured in that collision and a stretch of the highway was temporarily closed.

Shortly after the road re-opened following that initial crash, an incredible eighteen vehicles were caught in a chain-reaction collision instigated by the poor visibility. More than a dozen cars and at least six tractor-trailers were involved. When all was said and done, at least ten travelers were killed and many others were injured--some severely. Our Florida auto accident lawyer has worked on these motor vehicle cases for years and understand that this tragedy is one of the worst pile-ups in decades.

The Panama City car accident attorney at our firm knows that in the aftermath of these accidents the legal issues related to the event are far from the minds of the victims. Medical recovery and dealing with the grieving process are of paramount concern. However, there will eventually come a time for very serious questions to be asked about what caused this accident, how it could have been prevented, and what steps need to be taken to avoid a repeat occurrence. When it comes to potential legal liability there are two big issues to sort through:

1) What individual acts of negligence led to the pile-up? Subsequent legal actions filed on behalf of victims would try to parse out the series of events that actually caused the chain-reaction to occur. For one thing, the source of the fire must be determined, as the fire is likely one of the main causes spurring the accident. The overall analysis will rely heavily on the results of investigations into the collision by law enforcement officials. Similar legal principles will apply whether the suits are filed by injured victims or whether they are Florida wrongful death lawsuits filed by family members of those killed in the tragedy.
2) Do public bodies which allowed driving in the dangerous stretch of road in the middle of such challenging weather conditions bear some responsibility? Interstate 75 has had its share of road tragedies in the past, and one local paper has referred to the stretch of highway between Ocala and Gainesville as a "Bermuda Triangle." Should public officials have better warned drivers of the danger of the area? Officials had the power to close the highway, particularly because there had already been a serious three-car accident before the larger eighteen-vehicle collision. Officials may have been able to do more to prevent the pile-up. Over the years many have actually called for a truck bypass to be built in the area to avoid tragedies just like this one.

Whatever the case, there is undoubtedly much more to this Florida road tragedy. Everything must be done to ensure the victims (and their families) are provided as much support as possible. Other motorists should also take note and use the incident as another reminder of the risks that exist whenever one travels and the need to take every possible precaution to remain safe on the road.

See Our Related Blog Posts:

Four-Vehicle Panama City Car Accident Takes Life of Resident

Don't Let Your Friends Drive Drunk

In-Home Caregiving Help to Prevent Burnout

Fri, 03 Feb 2012 13:52:04 -0600

Panama City nursing home abuse and neglect remains a mostly hidden problem in our area. While most caregivers at these facilities work hard to provide the best services possible to those who depend on them, there are always some who feel comfortable cutting corners, providing substandard supervision, and creating a culture where mistreatment permeates. The problem is compounded by the fact that many of the largest nursing home chains prioritize maximization of their own profits over ensuring that every resident in their facility receives the best care possible. For example, the profit-motive often leads to staffing shortages. The shortages in turn mean that there are often not enough caregivers to go around. Nursing home neglect often results.

Elder abuse is not confined to the nursing home, however. It exits everywhere--at the senior's own home, elder living communities, nursing homes, and everywhere in between. Study after study continues to pour out revealing that this abuse is reaching epidemic proportions.

At times the abuse is perpetrated intentionally by those with dubious motives. This is the case when a caregiver takes out their own frustration by physically striking a senior or when the caregiver steals money from the unsuspecting elder. At other times the mistreatment is not intentional but caused by passive neglect. For example, leaving a senior alone in the restroom for too long without help or failing to double-check the correct medication dose are forms of neglect that can lead to substantial harm. While the motives of the caregiver in those cases are not inherently suspect, the harm to the senior is often the same as if the mistreatment was intentional. That is why it remains important for senior care advocates to guard against both intentional abuse and passive neglect.

Caregiver burnout is often cited as one of the main causes of neglect. As in all contexts, when one is overworked, the chance of shortcuts and costly mistakes rise. One local organization, Hopewell Care, recognizes the role the burnout plays in improper senior caregiving. That is why the group announced this week that they were rolling out a wider variety of services in Panama City to those caregivers who are caring for elder friends and family members. The group noted that many caregivers seem to hit a wall after the holidays, with the risk of burnout at a peak. It is easy to get overwhelmed while helping vulnerable seniors who are often facing a range of problems including dementia, Alzheimer's, Parkinson's disease, and other ailments. Interested caregivers can visit the group's elder caregiving website to learn more about finding a certified at-home aide or to download guides like "Care Giving 101," "Parkinson's Disease Gait Training," and similar resources.

Our Panama City elder abuse attorney appreciates the challenges faced by seniors and their families as they search for quality affordable long-term care. For many, the right choice is utilizing at-home services like those provided by Hopewell. Alternatively, those in need of around-the-clock help are likely to need assistance in skilled long-term care facilities. No matter what the situation, however, the law demands that the level of care the senior receives be up to a reasonable standard. Any time that a senior's health deteriorates suspiciously or an accident like a fall occurs, it is important to contact legal professionals experienced in these matters to learn how the law applies in your situation.

See Our Related Blog Posts:

Nursing Home Understaffing Is At Dangerous Levels

A Bittersweet Experience: Choosing the Right Nursing Home

Four-Vehicle Panama City Car Accident Takes Life of Resident

Thu, 02 Feb 2012 16:08:04 -0600

Panama City car accidents strike with shocking frequency. While these incidents are referred to as "accidents," in almost all cases they are not truly accidental--they could have been prevented had drivers acted reasonably while behind the wheel. Fortunately, the law provides an avenue for recourse for all those hurt by the misconduct of others on the road. Many local families receive the resources they need to fully recover following an accident by visiting with a Panama City car accident lawyer and getting legal help.

Day in and day out local residents are hurt in roadway mishaps, often through no fault of their own. For example, last week the Walton Sun discussed a tragic four-vehicle crash at the intersection of U.S. 98 and Moates Avenue. According to the report, for reasons yet to be ascertained, a vehicle stopped in a lane for no apparent reason. Those involved speculate that the car was making a right hand turn but was not in the turning lane. The car traveling behind the stopped vehicle rear-ended it. This lead to a chain-reaction crash with four vehicles ultimately involved.

As often happens in these situations, the damage was severe. One of the vehicles was overturned and the other three were severely damaged. Sadly, the personal consequences were even worse. There were two passengers in the car immediately behind the stopped vehicle. One of those passengers, Michelle Milton, was rushed to the hospital in critical condition. Unfortunately the wounds were too severe, and she died later that day. Two other passengers were treated at the same hospital and another was treated at the scene and released.

The attorney at our Panama City injury law firm believes that these tragedies occur far more frequently than they should. They also present a range of unique legal issues. For example, if a lawsuit results from this accident, the liability will likely hinge on what the investigation into the situation specifically finds out about the accident. As with all civil car accident cases where potential negligence is involved, what matters is the conduct of each driver before the accident.

When another driver's unreasonableness causes an accident then legal liability should attach. In this case, for example, the driver who was improperly stopped in the middle of the road likely acted negligently which contributed to the accident. Other potential factors include the speed of the other cars, whether drivers were distracted, and similar issues. Of course, in many cases, particularly those where multiple vehicles are involved, there is the chance that different drivers could share in the responsibility. In this case the first vehicle might have been inappropriately stopped in the wrong lane while, at the same time, the driver behind the stopped car might have been traveling a bit too close or going too fast.

It is important for all those in this situation to realize that even if they were not driving perfectly, that does not mean that they cannot recover. Florida is known as a "pure" comparative fault state. That means that in these situations each negligent party will be assigned a percentage of fault. Any damage award is then reduced by the percentage of the plaintiff's fault. Our Panama City car accident attorney understands that many local car accidents victims remain unsure of their rights and confused about whether or not to seek out legal help. But at the end of the day there is nothing to lose from talking with one who has been working with these issues for decades. We urge all residents in these situations to take the time to get professional assistance in the aftermath of an accident.

See Our Related Blog Posts:

Don't Let Your Friends Drive Drunk

Important Thinks To Do and Not Do After and Accident

Legally Mandated Healthcare Changes

Fri, 27 Jan 2012 07:49:56 -0600

The 2,400 page Affordable Care Act, now known as Obamacare, is difficult to decipher not just because of its length but also because of the legalese it contains. 2011 included an attempted House of Representatives repeal of the act and several court cases challenging its constitutionality. Those cases are in disarray with some courts ruling it constitutional while others disagree.

This law is one of the most far reaching and profound pieces of legislation passed and signed into law in decades. In 2012 Medicare health care providers will be able to start affordable care organizations to cut costs and improve quality of care. Other major provisions won't be effective until 2014, but big changes in health care insurance have already been implemented. For example, senior citizens started paying 50% less in prescription drug costs under the new law. That was due to drug company discounts worked out under the law. Seniors can also receive annual exams and some screenings without having a co-pay.

Insurance for those with pre-existing conditions, a huge health care insurance gap in previous years, became available. Those patients could join the government's Pre-Existing Condition Insurance Plan. Premiums dropped from an average of $390 a month to $234 a month. Older people weren't the only ones who were helped by the act. The law allows young adults between the ages of 19 and 25 to stay on their parents' health insurance policies. Proponents of the law say this has made it possible for young people to take jobs in fields they like rather than to take jobs mainly to get the benefits they want. Young people, too, are permitted by the law to maintain health insurance despite pre-existing conditions.

The Supreme Court is slated to consider the constitutionality of the law this year and has allotted an astounding 5 hours for oral argument.

The Law of Cuba, a Place Frozen in Time

Thu, 19 Jan 2012 12:15:20 -0600

A week ago I was in Cuba. It was a fascinating trip to a place frozen in the 1950s. I was fortunate to have been included in a small legal research group to investigate Cuban law. Cuba has been a Communist police state since Fidel Castro and his band of revolutionaries overthrew the government of President Batista in the late '50s, but I felt no danger even in the outer provinces far from Havana. The greatest danger seemed to be from a potential wreck in one of the ancient taxis, which in combination with ox carts and wagons, are still main conveyances in Cuba. The old cars, many from the late 1940s and early to mid-'50s, had no seat belts or padded dashboards.

Although Cuba has a constitution that provides for a national assembly, something like our Congress but consisting of only one house instead of our two, all power is really vested in one person, the president. Due to declining health, Fidel gave up the presidency a couple years ago, and now his brother, Raul, is president.

Private ownership of property under Cuba's strict communist doctrine has been impossible, but Raul has made some gradual reforms in the law. A limited number of houses can be bought from the Cuban government and owned by individuals. Selling them is another matter. They can't be sold unless the sale is back to the state itself. Upon death, a house passes to the owner's heirs.

Wage and hour laws to protect workers are nearly non-existent today, but some small positive changes are occurring. At the present, an average monthly wage is $30. Yes, $30 a month. Overtime is not paid. Taxi drivers are forced to limit their hours of work to accommodate other drivers who want to earn money. Employment discrimination is not supposed to be possible, but the law is not enforced.

In Cuba, the rule of law has not yet developed. In this beautiful country, change is occurring in that direction under Raul but very slowly. The law is constrained by the iron boundaries of Communism, but I will share some of its nuances and more interesting aspects with you soon.

More About Putting Your Injury Case On Track For Successful Completion

Thu, 12 Jan 2012 12:39:45 -0600

Ten percent of us are hurt every year, usually due to someone else's carelessness. Last week, I talked about setting goals for successful completion of your legal case if you were in that group hurt last year. Today, I'll add to the list of things you can do to help your attorney and, therefore, yourself in a meaningful way.

Don't talk to anyone except your attorney and immediate, trusted family members about your case. That is especially true when the insurance adjuster for the at fault party calls you to get facts and take a recorded statement. You will be on thin ice if you talk to that person.

Keep and give to your attorney every item that comes into your possession that may be evidence in your case. That includes oral statements and written ones, like letters, made by the defendant at the scene or later. It also includes things like parts of equipment that failed and hurt you, shoes if you slipped and fell, and any foreign substance that you slipped on in a store.

If possible take photographs of the accident scene, damage to vehicles, wounds and surgical sites, and pieces of equipment or appliances that may have injured you. Give them to your attorney who may use them as evidence to support your case.

Since lost wages is an important part of any injury case, keep track of the time you have lost and the wages you were earning. If you were injured so badly that you cannot return to your old job, make a list of places where you seek new employment, the dates you apply, who interviews you, and the results you get. Jot down the reason you are given for not getting the job, such as, "We can't use someone who has a hurt back." That kind of statement is very important to prove the harmful effect of an injury on future employability.

If you missed my segment last week, call me. I will send a complete list of the suggestions I made last week and today.

Social Networking and Personal Injury

Wed, 11 Jan 2012 15:59:47 -0600

The following is a guest post from Rick Console, a New Jersey personal injury attorney from Console and Hollawell, PC.

When it comes to a personal injury case, social media will only work against the plaintiff. It would be very difficult to find a post online from the defendant admitting fault, which leaves social networking as a resource that can only be used by the defense attorneys and insurance companies. Most personal injury lawyers know of the risks posed by these websites and will warn their clients, but sometimes that is not enough.

During discovery, the defense attorney will most certainly request the login information for all of the plaintiffs online social networking accounts. Of course the attorney will object to this and fight it rigorously, but more times than not this information will have to be disclosed. The information on these sites could be misconstrued and used to dispute a client's claim.

If a case does make it to trial, chances are that the jury will be more understanding than the defense attorneys about what the plaintiff posted. They will know that a life-altering injury does not mean you should not be able to attend your nephew's third birthday party, but they will be able to understand that someone with a serious back injury should not be in a limbo contest. The problem with this is that many times the case does not make it to trial so this tolerance will not be found.

It is important for personal injury lawyers to find out what their client has been posting online because even if they insist the client shut down all of their sites, the defense may win a motion to obtain the login information. For example, in one recent Pennsylvania case a defense attorney won their motion to obtain the plaintiff's Facebook login because her page was public and had information contradicting her claim. This ruling will no doubt be used as evidence that Facebook is a definite well of information, but the court did explain that this will not be a hard-and-fast rule.

The court stated, "The Court does not hold that discovery of a party's social networking information is available as a matter of course. Rather, there must be a good faith basis that discovery will lead to relevant information." The court went on to explain that since her information was already public it was appropriate and just for the defense to have that information.

New Jersey personal injury lawyer, Richard Console explained that he always urges his clients to shut down their social networking sites when they file a claim, but sometimes it's not enough. "Despite disabling their accounts the defense can still request information from these social networking profiles. It is a hard situation because the information found can be so subjective that it is misconstrued as proof that the claim is not valid."

The role of social networking in personal injury claims becomes larger each year as more and more people join and share information on these sites. As it stands now, most jurisdictions will evaluate these requests on a case by case basis, but a firm rule on whether or not social networking sites are public domain could be made in the near future.

Putting Injury Cases on the Right Track in the New Year

Fri, 06 Jan 2012 11:01:53 -0600

It's time to set goals for 2012. If you are one of the roughly ten percent of the population injured last year and that injury was caused by someone else's carelessness, putting your legal case on track for successful completion should be a major goal. Here are some things you can do to achieve it.

Have patience. It takes time to get medical care to determine the extent of injuries, which are permanent, and how they will affect your future. It also takes time for your attorney to complete the investigation. That includes ordering all of your medical records and bills.

Tell your attorney about all injuries and medical problems both before and after the accident. Good cases can be destroyed if this information is concealed or forgotten. Insurance companies use an indexing system that will discover injuries and claims.

When you visit the doctor treating you for an injury, list all the problems you are having. If those complaints don't show up in the medical records, they don't and never will exist in the minds of insurance adjusters or jurors.

Notify your attorney if you change doctors, go to the emergency room because of pain, are admitted to a hospital, or are discharged from care. All these things will influence the course of a case and will determine when the law firm should order medical records and bills.

Keep a diary of your experiences following the accident or injury. Record important matters like pain levels, activities that you can't do or do only with pain because you have no other choice. Maybe you don't have help, so you have to work despite the pain. Describe it in your notes. Pain isn't always physical, so describe any emotional pain such as your feelings about not being able to lift your child.

Finally, keep a list of out-of-pocket expenses.

How The Law Protects You During Holiday Air Travel

Thu, 29 Dec 2011 12:38:13 -0600

Holiday travel is usually stressful because of inclement weather, delays, and crowded airports. It's far worse if you are bumped from a flight or if your baggage is lost. The law doesn't solve all the problems, but if you know the law, you can use it to minimize them. On the other hand, knowing the law's limitations can also help you to avoid grief from airline and TSA personnel.

Let's first consider flight cancellations and delays. It's sad that there are no federal regulations requiring compensation for cancelled or even severely delayed flights. Since that's the case, you might as well avoid confrontations with airline personnel about those types of travel difficulties. There is a ray of hope, though. Some airlines have created their own Passenger Bill of Rights under which they will compensate passengers for delays. However, if you are bumped from a flight, it's another story, because the law offers protection. Bumping is a possibility even if you have a reservation. Airlines over book to protect themselves from passengers not showing after making reservations. However, if you are bumped due to over booking, DOT's Passenger Bill of Rights requires that you be compensated.

Lost and damaged baggage are huge problems with some airlines and airports. An airline will almost always be responsible for lost or damaged baggage, but there are monetary limitations to their liability expressed in the small print of the contract of carriage. If you had to pay a baggage fee, federal law also requires that the baggage fee be refunded if your baggage is permanently lost.

Let's go back to delayed flights for a moment. If a plane has boarded and taxis away from a gate but, then, has a delay of more than 3 hours on the tarmac, you must be allowed to deplane, and you must while on the plane be provided with food, water, and medical and lavatory access. I wish you safe and happy travels.

Don't Let Your Friends Drive Drunk

Thu, 29 Dec 2011 11:37:39 -0600

I have been helping injured people in Florida for more than 30 years and all too often the cause of wrecks are due to the other driver consuming alcohol. Statistics provided by the Centers for Disease Control and Prevention (CDC) show that 10,839 people were killed in 2009 in alcohol-related crashes. This number accounts for 32% of all traffic-related deaths in the United States. 181 children up to the age of 14 were killed as a result of a drunk driver. More than 1.4 million drivers were arrested for driving under the influence of either drugs or alcohol in 2009. These numbers are staggering.

New Year's Eve is only days away. Drinking and having a good time is on many agendas for the night. If you're among those out having a good time, designate a driver who will not be drinking. Keep your friends safe and don't let them drive if they've had too much to drink. You've heard the commercials. Buzz driving IS drunk driving. Getting stopped and ticketed is very costly. But it's even more costly if your impairment should hurt or far worse, kill someone when you lose control of your vehicle.

There are several taxi services providing FREE rides for New Years should someone consume too much alcohol and realize they cannot safely operate a vehicle. MillerCoors is the exclusive sponsor of 1-800-TAXICAB that dispatches a taxi wherever and whenever needed. Even if you have to pay for it, it's worth avoiding the risk of being involved in an alcohol-related car accident. Take advantage of this valuable service and don't drink and drive.

Best wishes from The Pittman Firm, P.A. to all for a safe and happy New Year and a prosperous 2012.

Santa Claus' Escapades with the Law

Thu, 22 Dec 2011 12:13:22 -0600

Only days before Christmas, I have to tell you that Santa Claus has been to court. Many times. In 1947, in Miracle on 34th Street, a great film starring Natalie Wood, Maureen O'Hara and Edmund Gwynn, Gwynn played Kris Kringle, a man totally convinced he was the real Santa Claus. When he told his friends, he was promptly committed to the infamous Bellevue Hospital just before Christmas. In a warmhearted series of courtroom ploys, his fearless lawyer got him recognized as the only Santa Claus. Since then, all has not been milk and cookies for Santa.

A New Jersey man went to court to get his name changed to Santa Claus, and Santa wasn't even called to testify about whether he liked the man. He might have given the guy a bundle of switches when he was little. Santa's also been involved in cases involving impersonation by a lawyer (I assure you it wasn't I), disorderly conduct (maybe involving some brandy), and even a tax matter in 1994. Santa might consider retaining a good defense attorney to help him with cases that could arise such as trespass, employing non-unionized elves, violating wage and hour laws, and Peeping Tom allegations. Peeping Tom, you ask? Well, how else could he see you while you're sleeping?

Georgia has just granted Santa's flying reindeer special clearance to navigate the skies of the state, but he probably violates the federal aviation regulations all the time. Flying too low. No navigational lights on the sleigh. Reindeer dropping whatever as they fly. So many laws to avoid breaking, and so much for Santa to think about in the short hours before Christmas. He might wish he could be committed to Bellevue Hospital just to rest. But Santa, I have a wish, too. Please give everyone reading this today a safe and happy holiday and a wonderful new year.

What To Do When Faced With a Violent Dog

Tue, 20 Dec 2011 11:29:52 -0600

The following is a guest post from Rick Console, a New Jersey personal injury attorney from Console and Hollawell, PC.

A recent study reported that in 2010, there were 34 deadly dog attacks in the United States; many of the victims were young boys between 5 and 9-years-old. Dog bites can be avoided if the proper precautions are taken when around an unfamiliar or violent dog.

Basic Rules
• Never approach a dog you do not know.
• If the dog is restrained, fenced in, or if there is a "Beware of Dog" sign that should serve as an added warning to keep your distance.
• Do not attempt to touch a dog before it sees and sniffs you. You do not want to do anything that could be perceived as a threat by the dog. This also means that you should not wake a dog, interrupt it's meal, or approach a nursing dog.
These are all good rules to follow to avoid a violent situation; however, they are not one hundred percent effective. If you still find yourself in danger of being attacked by a dog then there are several steps you need to take.

When Faced with a Violent Dog
• Stay calm! The situation will not improve if you panic because you are more apt to make rash decisions without thinking.
• Stay still. If a dog approaches you in a threatening or violent manner try to remain still. The dog may lose interest and walk away. It is also very important that you don't run away because the dog's natural instinct will be to chase you.
• If the dog goes to bite you, try to feed it something else. Take any loose article you have be it a purse, jacket, umbrella, etc. and try to get the dog to latch on that instead. You may lose your purse, but it's better than losing a limb.
• If the dog knocks you to the ground or if you fall, curl up into the fetal position with your hands over your ears and remain still. This is the best position to make injuries less severe.
After the attack it is important to first seek medical attention. If you can you should also call the police so that a report can be filed. Once your injuries are tended to you should take photos of all the wounds sustained during the attack. You should give as much information as possible to the police after the attack. Be sure to describe the dog as much as you can (how big, what breed, was it wearing tags, etc). If you know the owner of the dog, ask to see the animal's rabies certificate, and find out if the dog has been violent before. You may also want to contact your local animal control to report the attack.

New Jersey Law
In New Jersey, owners are liable for any injuries sustained from their dog. This is the case even if the dog has not been violent in the past. To learn more about the dog bite law speak with a personal injury lawyer in NJ. Most homeowner's insurance provides coverage for dog bites, but you should consult with a injury lawyer to be sure you receive full, deserved compensation.

Florida Legislature to Consider Vast Changes to Auto Insurance Requirements

Thu, 15 Dec 2011 12:15:10 -0600

A month ago, the Florida legislature initiated a debate that may herald massive changes to Florida's auto insurance requirements during the 2012 legislative session. If those changes occur, they are likely to change your insurance requirements effective next July 1.

The issues involve the current PIP auto insurance, which I will explain in a moment, and whether Florida should adopt a mandatory bodily injury liability insurance model. PIP is an acronym for personal injury protection. It is commonly referred to in this state as no-fault insurance. It works like this. If you are in an auto accident, regardless of whom is at fault, your insurance will pay the first ten thousand dollars of your medical bills and your lost wages. If a death occurs, an allowance is also made for funeral expenses.

Consumer groups say that the insurance industry and their advocates in the legislature are trying to use potential changes in the PIP laws to limit the rights of injured motorists and to increase their profits. The Florida Justice Association and allied consumer groups are pushing back against that effort by arguing that the legislature adopt a mandatory bodily injury liability insurance system currently used in forty-eight states. At the moment, Florida does not require a vehicle owner to have bodily injury liability insurance in effect to pay for injuries the driver causes to others. It requires only PIP and property damage coverage. Arguably, the Florida legislature has been more concerned about damage to cars than injuries and death.

If the mandatory bodily injury liability model is adopted in exchange for reducing or eliminating the PIP coverage, the new law will stem the tide of increasing numbers of motorists who are going bare of coverage that is designed to compensate people they injure. The legislature will go into session on January 10.

Avoid These Lemons

Thu, 08 Dec 2011 15:00:36 -0600

The following is a guest post from Rick Console, a New Jersey personal injury attorney from Console and Hollawell, PC.

As car manufacturers become more competitive with one another, they are rolling out cool new features while also ensuring that standard features, such as engines and transmissions, steering, and braking, are well up to par. The fact is it's difficult to buy a bad car these days. But that doesn't mean it can't be done.

Forbes recently developed a list of vehicles to avoid, based on ratings from J.D. Powers & Associates surveys. For the most part, the vehicles that made this list had new technologies or features that, while intending to make the life of the driver easier, simply introduced new problems and issues. So, these manufactures earn an A for effort, D for execution. If you're interested in one of these vehicles, you might want to wait until the kinks are ironed out. The cars that made Forbes list include:

1. Jeep Liberty/Dodge Nitro. A rough ride, underpowered transmission, and poor interior comfort gave this vehicle bad grades. In addition, customers were displeased with one of the vehicle's options, a unique sliding canvas roof.
2. Chevrolet Colorado/GMC Canyon. These smaller pickups are okay for recreational use, but buyers found the five-speed transmission crude in everyday use.
3. Nissan Armada. This incredibly large vehicle is outdated and outclassed by smaller crossover vehicles. Plus, its size makes it a real nightmare to parallel park.
4. GMC Sierra/Chevy Silverado 2500. These are great if you want to tow 17,500 pounds, but less than ideal when tooling around town. If you're transporting horses, this could be the vehicle for you, otherwise it got rough ratings for everyday use.
5. Dodge Caliber. Customers noted that its continuously variable transmission (CVT) was unresponsive and whiny, and that the interior was dull and cheap. With many other crossover wagons offering style, sophistication, and performance, this is one wagon not to consider.
6. Nissan Titan. Despite the large cash rebate offered to buyers, this full-sized pickup truck just doesn't get the performance ratings of its American competitors.
7. Smart ForTwo. It's a good idea and has terrific fuel economy, but this tiny vehicle simply doesn't have the performance to make up for it. Buyers say the transmission is slow and sloppy, and also claim that the premium gas it requires negates its good gas mileage.
8. Kia Sedona. It's not necessarily a bad choice, yet lags a bit in performance and sophistication, not to mention family-friendly technology that makes minivans competitive.
9. Volvo XC90. This luxury crossover is hard to handle and steer, and the 3.2-liter engine takes a while to get a vehicle this heavy up to speed. While the third-row seat sounds like a good idea, it's difficult to access and only comfortable for smaller children.
10. Mercedes Benz R-Class. The performance is sufficient and the interior is okay, but it certainly doesn't live up to the hype--or price--of a luxury minivan.

Drugmaker of Diabetes Drug Actos Facing Thousands of Lawsuits Alleging Bladder Cancer

Thu, 08 Dec 2011 11:32:08 -0600

Takeda Pharmaceutical Company is Asia's largest drugmaker. It may also be the recipient of the largest number of lawsuits in history over a drug. It makes Actos, a diabetic drug. Actos may also cause bladder cancer as alleged in hundreds of lawsuits proceeding across the country. Now, as more suits are filed, these cases may be consolidated into one legal proceeding very near to us.

U.S. regulators in June found that a Takeda sponsored study showed that some users of Actos faced an increased risk of developing potentially fatal bladder cancer. Claims against the manufacturer are being processed every day, and those investigating Actos say that the evidence is unusually clear and strong for causation of cancer.

Takeda Pharmaceutical pulled the drug off the market in Germany and France earlier this year. Actos has been marketed in the U.S. by Eli Lilly & Company of Indianapolis. Some Actos users who have gotten bladder cancer say, "If we had known what it would cause, we would have taken other drugs that are out there to treat diabetes, drugs that don't cause cancer." Proof of Actos' causation of cancer may be easier than proof of causation in most drug cases, because bladder cancer is generally considered to be a signature injury of a drug. Translating this medical-legal jargon, that means that bladder cancer rarely results from anything other than Actos. Certainly, it occurs but not often.

Few things other than Actos cause bladder cancer. In contrast, many things cause strokes or heart attacks. Unfortunately for Takeda, there is mounting evidence that Actos is responsible for heart attacks and strokes, too. Takeda is about to face a very bad time. What is behind the plethora of drug product liability cases in the world? Take, for example, Vioxx, Avandia, and many others. Now Actos. Some say greed on the part of manufacturers rushing drugs to market. We will see.