Florida

November 28, 2012

Florida Wrongful Death Attorney :: Monster Energy Drink Believed to have Caused Several Deaths

by Whittel & Melton, LLC

Incident reports released by the Food and Drug Administration have cited that Monster Energy, a beverage that is highly-caffeinated may have caused five deaths within the last three years.

These reports were recently obtained under the Freedom of Information Act by the mother of a 14-year-old Maryland girl who passed away in December from a heart arrhythmia after she drank several cans of Monster Energy within two days.

In October of this year, the mother of that teenager filed a lawsuit against Monster Beverage claiming that the company failed to adequately warn consumers of the risks associated with its products.

A spokeswoman for the company said its products were in fact safe for use, and not at all the cause of the teen’s death.

Monster Beverage currently makes a variety of energy drinks with names such as Monster Rehab, Monster Assault and Monster Heavy Metal. According to labels on their containers, they are “not recommended” for some consumers, including children and people “sensitive” to caffeine.

In general, healthy adults can safely consume high amounts of caffeine from various beverages like coffee, tea and energy drinks, but since caffeine acts as a stimulant, consuming large quantities can pose risks to those with underlying conditions such as heart disorders.

The Maryland teen apparently drank a 24-ounce can of Monster Energy that contains 240 milligrams of caffeine.

The lawsuit filed on behalf of the teen referred to autopsy and medical examiner reports that said she died of “cardiac arrhythmia due to caffeine toxicity” that had intensified an existing heart condition. The report indicated the teenager had Ehlers-Danlos syndrome, which can affect blood vessels in the body. The 14-year-old was apparently aware she had an underlying heart problem, but the family said her doctors had not warned her to limit physical activities or reduce her caffeine use.

Most energy drinks like Monster Energy, NOS, Red Bull and others contain possibly hazardous levels of caffeine and other stimulants like guarana and taurine. The side effects of energy drinks can pose serious life-threatening health problems to consumers, especially children and young adults. Research suggests that energy drinks have significantly increased in popularity over the last 10 years. In fact, it has been estimated that between 30 and 50 percent of children and young adults consumer energy drinks on a regular basis.

Current F.D.A. rules do not require companies to disclose caffeine levels in their beverages. Companies also have the option of marketing products as drinks or as dietary supplements.

November 19, 2012

Florida Auto Accident Lawyer :: Drive Safe & Enjoy Your Thanksgiving Holiday

by Whittel & Melton, LLC

St. Petersburg, Florida – Thanksgiving is a wonderful time to spend with friends and family and reflect on all the blessings in our lives. Unfortunately, statistics do show that during this holiday weekend the number of car accidents drastically increase, making Thanksgiving one of the most dangerous and deadliest times to be on the road.

There were 337 motor vehicle fatalities throughout the U.S. during the 2010 Thanksgiving holiday, according to the National Highway Traffic Safety Administration. Last year, 431 traffic deaths were reported during this holiday period, which includes Wednesday evening through early Monday morning.

The American Auto Association has predicted that 43.6 million Americans will travel at least 50 miles this Thanksgiving, which is an increase in 0.7 percent from last year. Nearly 90 percent of travellers will be making their trips by car, making roadways across the United States busier than ever. With so many people choosing to drive, it is important to prepare yourself accordingly for holiday travel.

Here are a few tips you can follow to make sure you and your family arrive at your destinations safely:

1. Wear Your Seat Belt.

2. Make Sure You Are Well Rested Before Making a Long Trip.

3. Before Heading Out, Check the Weather Forecast.

4. Make Sure Your Car is in Good Working Condition before making any Trip. Check
the tires, battery and fill your gas tank.

5. Avoid Speeding and Careless or Distracted Driving. You will likely experience increased traffic volumes this year so make sure you give yourself plenty of time to get to your destination.

6. Never Drink and Drive. Avoid alcohol at your gatherings unless you have a safe way to get home. Be aware that other drivers sharing the roadways may have consumed alcoholic beverages, so be extra cautious this holiday weekend. Keep in mind that the Wednesday before Thanksgiving, also known as “Blackout Wednesday,” is one of the busiest drinking nights for college students returning home for the holiday. Understand that other drivers may not have safety as their number one priority.

October 5, 2012

Volusia County Student Hit by Car Adds to Ongoing Problem of School-Area Crashes :: Whittel & Melton

by Whittel & Melton, LLC

A Deltona, Florida student became the 10th student to be injured this year after he was struck by a car while riding his bicycle Thursday morning.

The driver was cited in the crash.

While the 11th grader only suffered minor injuries, Volusia County school officials said that children being injured by cars – two fatally – has been an ongoing problem in the area for the last two academic years.

School and community leaders in the area began researching the problem after 27 students were involved in collisions in the 2011-2012 school year. School officials decided to combat the issue with heightened awareness and law enforcement around the county’s schools.

Drivers were found to be at fault in about half of the incidents, but students’ not looking before crossing the street seems to be a contributing factor as well, according to a schools spokeswoman.

Another high school student was hit by a driver Tuesday while getting off the bus.
The motorist heading in the opposite direction apparently failed to stop when the school bus signaled it was stopping by flashing its lights. The student suffered a broken leg.

None of the injuries this year have been fatal, just minor injuries from bumps and bruises to broken bones. The collisions took place while students were biking or walking within a mile of their school.

Out of the 27 injured last year, 10 accidents occurred in Orange City, where a high school student was killed as he was walking to school in February. He was one of two students killed.

A safety zone was implemented to control the high number of accidents. The majority of victims were middle school students, but children as young as third graders have suffered injuries.

As children head back to school, it is important for all drivers to be extra cautious of the increased number of children walking or biking on sidewalks and streets. According to the National Highway Traffic Safety Administration, 59,000 pedestrians were injured in 2009. Of those injured, 13,000 were age 14 and younger. When traveling through residential areas and school zones, it is essential for all drivers to be on the lookout for children walking, biking or playing in the street as it is not uncommon for kids to unexpectedly dart out into traffic.

As a parent, it is important to teach your children the rules of being a safe pedestrian. Regardless of whether you are walking to school with them or if they are making the trek solo, there are certain safety rules children should be aware of.

• How to Cross Safely at an Intersection. Teach your child to never cross the road unless there is an intersection or crosswalk. Not only is this a safety measure, but it is the law, so make sure they follow it accordingly.

• Always Cross the Street with an Adult. Children younger than 10 should never cross the street alone. If you are unable to accompany them on their jaunt to and from school make sure another adult is. Holding a child’s hand when crossing the street can prevent them from running off and into oncoming traffic.

• Safety in Numbers. If your child is older and capable of walking without you, it is best for them to do so with a group. This is for safety reasons, as it is easier for motorists to spot a group of children as opposed to one.

• Use Sidewalks When Possible. All pedestrians should use the sidewalk if one is available. If not, remind children to stay on the shoulder of the road, facing traffic and as far away from moving vehicles as possible. If your child is riding a bicycle, explain to them that different rules apply. Bikers must always ride with traffic.

• Always Look Left-Right-Left. Before crossing the street, children as well as adult should always look left, then right, then left again. Explain to children that they should follow this rule at all times in case negligent drivers fail to follow traffic laws.

• Traffic Signals. Teach your children what the traffic signals are and what they mean. Show them how the buttons work and when it is safe to cross. Constantly remind children that just because the signal may say it is safe to walk, they should always look left-right-left before venturing out into the crosswalk. Do this with your child every time you walk with them to enforce good habits.

September 25, 2012

Three Boys Airlifted to Brevard County Hospital Following ATV Crash :: Whittel & Melton

by Whittel & Melton, LLC

Mims, Florida – Three teen boys were injured in an ATV crash Saturday afternoon in Brevard County after apparently crashing into each other on a road in Mims.

The boys, ages 14 and 17, were airlifted to a nearby hospital. One of the boys was thrown from the all-terrain vehicle during the collision.

Updated information on the boys’ condition is not available at this time.

The trio was issued a ticket for driving illegally on a public road. Two were also cited for careless driving and the youngest boy was ticketed for not wearing a helmet.

According to the Consumer Product Safety Commission, ATV accidents caused 115,000 injuries and contributed to more than 300 deaths in 2010. While ATVs and 4-wheelers can be exciting forms of transportation, they place drivers and passengers at an increased risk for severe injuries and even death. After an ATV accident takes place on a public road or in a rural area, a thorough investigation must be conducted to preserve critical evidence. Determining the exact cause of your accident may help you recover the compensation you need to move on from severe injuries, including:

• Head Injuries
• Spinal Cord Injuries
• Broken Bones
• Paralysis
• Amputation
• Neck and Back Injuries
• Scars and Disfigurement
Many of the ATV accidents that occur throughout the U.S. each year involve adults over the age of 18, but in the last 10 years the number of children and teens killed in ATV crashes has increased by 88 percent. Statistics compiled by the CPSC show that while children under the age of 16 only make up 15 percent of all ATV riders, they have accounted for 27 percent of ATV injuries and 28 percent of ATV-related deaths. Many of these accidents and injuries are caused by other motorists, riders failing to wear proper safety equipment and even negligent manufacturers.

September 17, 2012

Young Boy in Critical Condition Following Diving Accident in Altamonte Springs :: Whittel & Melton

by Whittel & Melton, LLC

A 5-year-old boy remained in critical condition Wednesday after falling off a 10-foot diving board at an Altamonte Springs high school.

The child had apparently joined the aquatics team and was learning to dive.

According to police, the child slid under a handrail and fell off the side of the board around 4:45 p.m. Tuesday. He suffered severe head trauma after hitting the pool deck.

An estimated 13,000 diving-board related injuries occur every year that are serious enough to require emergency medical care, according to the Consumer Product Safety Commission. Diving board injuries can happen while mounting the board, while on the board or even during a dive off the board. Despite the causes, diving board accidents can result in severe and catastrophic injuries, including:

• Traumatic Brain Injuries
• Spinal Cord Injuries
• Neck and Back Injuries
• Broken Bones
• Paralysis
• Lacerations, Scrapes and Bruises

The medical care required to treat such debilitating injuries can be quite expensive. As the victim of a diving board accident on someone else’s property, you may be entitled to recover monetary damages for your losses.

September 7, 2012

Fan Falls Three Stories to His Death at Reliant Stadium :: Whittel & Melton

by Whittel & Melton, LLC

Houston, Texas — A 45-year-old fan attending last Thursday’s preseason game between the Houston Texans and the Minnesota Vikings fell from an escalator to his death at Reliant Stadium.

According to reports, the fan fell due to horseplay. He was allegedly attempting to slide down the handrail on an escalator when he fell three stories to the pavement. He was taken to Memorial Hermann Southwest Hospital and was pronounced dead on arrival.

Houston officials are further investigating what they called an accidental death.

Stadiums, theme parks and arenas generally host all kinds of music concerts and sporting events that encourage rowdy and energetic behavior. This lively atmosphere combined with the consumption of alcohol can lead to serious injuries, and in some cases death. While an accident may be the result of careless or reckless behavior, the owner of the venue has a responsibility to provide a safe environment for visitors and spectators. Your injury could be the result of negligent security, an unsafe number of people in the venue or any other form of negligence.

The Florida Injury Attorneys at Whittel & Melton are equipped to handle various personal injury and wrongful death cases at amusement or theme parks, water parks, sports venues, concerts and other public events, including:

• Slips, Trips and Falls Due to Slipper or Wet Surfaces
• Equipment Defects
• Obstructed Walkways
• Poorly Maintained Buildings
• Falls from Elevated Heights
• Sexual Assault or Battery
• Parking Lot Injuries
Any accident at a stadium, concert arena or theme park can lead to serious injuries such as broken bones, spinal cord injuries, brain injuries, lacerations, head trauma, neck and back injuries and internal organ damage that can leave you or a loved one in extreme physical pain and left to deal with exorbitant medical bills. The wrongful death of a loved one can leave you and your family facing emotional and financial struggles you do not deserve.

August 31, 2012

Wynona Judd’s Husband Loses Leg in Motorcycle Smashup :: Whittel & Melton

by Whittel & Melton, LLC

Country music singer Wynona Judd’s husband, and drummer for her band, lost his leg recently in a motorcycle collision in South Dakota.

The accident occurred when Judd and her husband, Michael Scott “Cactus” Moser, went for a ride together on separate bikes before one of her scheduled concerts.

According to reports, Moser’s left leg was severed at the accident site and doctors in Rapid City, South Dakota, amputated the leg above the knee. He also underwent surgery for his hand.

Moser apparently collided with an oncoming vehicle.

Judd was not involved in the accident.

Suffering an amputation can be devastating. Losing a limb can affect your job, social life and everyday routine tasks. A victim may need numerous surgeries and months of physical therapy. While medical benefits may cover some of the initial hospital bills and therapy costs, future medical bills, prosthetics, lost wages, pain management medications and other costs can add up quickly. The Florida Injury Attorneys at Whittel & Melton work aggressively to help amputation victims gain the compensation they need to cover any and all costs related to their accident injuries.

Nearly 22 percent of amputations are performed after a person has endured serious suffering as a result of a car accident or a workplace injury. Sadly, most amputations are performed on bikers injured in motorcycle collisions. Anytime someone loses a limb it changes their life forever. Recovering from an amputation can be a never ending battle, as a person is forced to deal with both physical and emotional pain. In addition to the pain and suffering caused by the loss of a limb, the financial load can be a heavy burden to bear. On average, the medical cost of an amputation adds up to around $91,000, not to mention the estimated $510,000 for lifetime medical treatment and ongoing care.

August 26, 2012

Insurance Companies Poised to Work on Property Owners Damage Claims as Hurricane Isaac Approaches Florida :: Whittel & Melton

by Whittel & Melton, LLC

According to news release by Farmers Insurance Group of Companies, including Foremost Insurance, 21stCentury and Bristol West, the company and its subsidiaries are prepared to work with property owners as Hurricane Isaac makes landfall in Southern Florida this weekend and passes through the Florida panhandle, Alabama and Mississippi coasts this week. The worst damage may be to coastal communities like St. Petersburg, Clearwater, Sarasota, Spring Hill, Crystal River who get the high winds and water at the edges of the Hurricane and Storm conditions.

Famers Insurance will organize claims adjusters to cover any and all affected areas once Isaac hits land.

Farmers Insurance instructs its customers in Isaac’s anticipated path to stay up to date with the latest weather reports and begin making crucial arrangements.

Appropriate contact numbers for customers with damage after Isaac hits can be found here.

Friday marked the 20th anniversary of Hurricane Andrew, a storm that wreaked havoc on south Florida in 1992. With Hurricane Isaac swiftly approaching, this could be the first hurricane Florida has seen since 2005. If you plan on riding the storm out at your home, make sure you have the following essentials on hand:

• At Minimum, 5 Gallons of Water
• Flashlight with Additional Batteries
• At Least Several Days’ Worth of Non-Perishable Food Items – You Can Never Be
Too Careful
• Battery-Powered Radio with Extra Batteries On Hand
• Cell Phone Along with Chargers
• Have an Evacuation Plan Set in Place and Follow Any Evacuation Orders
While you may think that you have your emergency kit ready for when Hurricane Isaac strikes, the Florida Hurricane & Storm Damage Attorneys at Whittel & Melton would like to remind you of the preparations you may not think about in regards to making a hurricane claim on your insurance policy. We recommend documenting your home and commercial properties by taking pictures of every room of your house or business. This includes documenting your personal property. Take multiple photographs from multiple angles, so that in the event that your home suffers even slight damage you can be sure that your claim won’t be denied due to lack of documentation. The good thing about photographing your property and personal items is that you should only need to do this once.

It is important to be aware that keeping good records can speed up the settlement of your claim. When compiling your room-by-room inventory, try and record the manufacturer’s names, dates and if at all possible, the price of the items and where they were purchased. If you can, locate your receipts and document the serial numbers, manufacturers’ names, dates of purchase and prices. Make sure you are completely ready for a hurricane or tropical storm by taking the time to document your properties, as this could save you and your family much time and frustration after the storm.

August 20, 2012

What You Need to Know About Mesothelioma :: Whittel & Melton

by Whittel & Melton, LLC

Mesothelioma is a form of cancer that is generally caused by asbestos exposure. Asbestos is a group of minerals that form naturally in the environment as bundles of fibers that are resistant to heat, fire and chemicals. Unfortunately, inhaling or swallowing just one of these fibers can cause the malignant cancer known as mesothelioma. Symptoms associated with mesothelioma can occur slowly, and may not appear until 15-50 years after exposure. Every year across the United States, an estimated 2,500 to 4,000 patients are diagnosed with mesothelioma.

Mesothelioma usually attacks the outer linings of the lungs or chest cavity, the belly, the sac around the heart or the bowels. This terminal cancer has been known to cause a “pneumothorax,” which is a complete collapse of the lung. There is no known cure for mesothelioma, and sadly, most patients diagnosed with this cancer are given less than a year to live.

Identifying the point of exposure to asbestos can be very difficult as the long latency period makes it tough for patients to accurately remember where or when they may have been exposed to asbestos particles in the air. For the most part, cases of mesothelioma have been linked to asbestos exposure in the workplace. Asbestos exposure can result from performing the following activities in the workplace:

• Insulating Pipes
• Milling or Mining Materials
• Continual Maintenance of Railroad or Automotive Brakes
• Handling Roof Shingles, Flooring Materials, Cement Gaskets and Similar Products
• Fireproofing Ships and Buildings
Diagnosing mesothelioma can be challenging as symptoms are non-specific and can be indicators of other minor health problems. Symptoms of mesothelioma can include coughing, wheezing, difficulty breathing, chest or back pain, chronic hoarseness, difficulty swallowing and swelling of the face and arms. Many people experiencing symptoms similar to these believe they are suffering from a common cold and not something far more serious. The only way for a physician to properly diagnose mesothelioma is to perform an X-ray and CT scan of the chest cavity.

August 13, 2012

Florida Ranks Dead Last in Insurance Regulation Report Card Due to Recent PIP Reform :: Whittel & Melton

by Whittel & Melton, LLC

In a state-by-state ranking of regulatory departments conducted by the R Street Institute, Florida received the lowest point total, receiving a grade of F, in the think tank’s first ever “report card.”

The report, released in June, compiled points through 14 categories, doling out the lowest point total of any state in the U.S. to Florida, -32 points.

According to Online Auto Insurance, Florida’s major deductions arose from the category of “politicization.” Point deductions were received by states where industry regulation was a main campaign topic. Florida was deducted 6 out of the maximum 10 points because of new changes in its personal injury protection coverage. This reform was a major campaign topic for Gov. Rick Scott who said the system was inflating car insurance rates in Florida.

Four other states were deducted the same amount of points or higher for the category of politicization.

While the institute did commend Florida’s efforts to change the PIP system, they added that the “comprehensive reform package” approved by legislators also presented certain rate restrictions. Under the new PIP system, insurers will have to explain why the reforms did not allow them to reduce rates by at least 10 percent by October 2012 and by at least 25 percent by January 2014.

Florida received additional low marks for how it handled territorial ratings. Florida is one of 10 states that allow insurers to use where a person lives to determine their rates. According to the institute, Florida “enforces restrictions on the use of territory that are much more stringent than the norm.” This finding resulted in a maximum deduction of 5 points in the report card’s “territorial rating” category. Florida’s territorial ratings were set in place in 2006.

While landing at the bottom of the pile, the Sunshine State still managed to perform well in other categories including “fraud enforcement” for which the state reaped the maximum number of five points. Only three other states were awarded the same points – New Jersey, New Mexico and California.

As of July the new PIP reform in Florida includes the following:

• Statewide anti-fraud task force
• Tougher licensing standards for medical clinics
• Wider use of long-form accidents reports
• Tougher penalties for providers caught defrauding the system
While these changes are in new policies now, drivers in Florida won’t see major changes to their PIP coverage until 2013. Starting Jan. 1, those injured in car accidents will have 14 days to seek initial treatment. Currently, there is no cutoff period for when an injury victim must obtain medical care. Additionally, only those diagnosed with an “emergency medical condition” by medical doctors, osteopathic physicians, dentists, physician assistants or advanced registered nurse practitioners will be eligible for the full $10,000 PIP benefit. Those suffering less serious injuries, will only receive $2,500, despite spending the same amount for this “no-fault” coverage. Note, Florida drivers will stay pay the same amount as before, only now receiving less coverage.

The benefits of the PIP changes could take months, possibly years to happen, so lawmakers have warned drivers not to expect their insurance rates to drop anytime soon. Insurers want to see if the number of fraudulent claims and lawsuits decrease before determining whether rates can be reduced without affecting their bottom lines. However, as part of the law, insurers must either decrease PIP premiums by 10 percent or clarify why they cannot by Oct. 1. Never mind of course, the amount of money insurance companies will pay on future PIP claims does not appear to be a consideration on whether or not our rates will be reduced…troubling.