Personal Injury Claim

January 16, 2013

Tampa Bay Child Injury Lawyer :: Child Suffers Serious Head Injury after being hit by Car

by Whittel & Melton, LLC

Plant City, FL – A 6-year-old boy was struck by a car Monday afternoon just before 4:30 p.m. as he ran out into the street.

The child suffered a head injury. The boy is conscious, and authorities expect the child to be OK.

Police claim that the vehicle that struck the boy was not speeding at the time of the incident.

The accident took place on West Lowry Avenue in the neighborhood south of Reynolds Street, east of Woodrow Wilson Street.

Drivers must be on the lookout for children in the roadways at all times, especially near schools, residential areas, parks and bus stops. When motorists drive recklessly or become distracted, innocent children can be harmed. Sadly, the parents of nearly 630 children must mourn the loss of a child every year due to pedestrian motor vehicle accidents. An estimated 39,000 children suffer serious injuries each year in pedestrian accidents caused by negligent motorists.

If a child in your presence is struck by a car, you must know what to do in order to protect them from further harm. The following tips can help save a child’s life and make sure the careless driver is held accountable for their actions:

At the collision site:

• Never move a child that has been hit by an automobile. The child may have suffered serious and catastrophic injuries to the brain, neck, back or spinal cord, and moving them could result in further injury.
• If necessary, perform CPR.
• Dial 911.
• If the child is conscious, try and keep them awake and relaxed.
• Ask witnesses or bystanders to help get the at-fault driver’s information.

Following the accident:

• Once the child has been checked out by medical professionals and is safe, document exactly what you saw. Try and remember the details, as it is crucial for police and your attorney to have correct information.
• Keep any damaged clothing or personal items involved in the accident.
• Call a Tampa Child Injury Lawyer at Whittel & Melton – 813-221-3200.

January 10, 2013

Florida Cruise Ship Passenger Injury Lawyer :: Hundreds of Passengers Fall Ill on Caribbean Cruise

by Whittel & Melton, LLC

San Juan, Puerto Rico – A wave of illness, suspected of being a norovirus, swept across the cruise line that operates the Queen Mary 2 last month, causing 201 passengers to fall ill.

According to a spokeswoman for Cunard Line, the owner of the ship, the gastrointestinal illness outbreak subsided as the ship headed back into port, leaving just two passengers affected at the voyage’s end.

Those sickened were asked to “isolate themselves in their cabin until non-contagious.” The cruise line told ill passengers that any shore excursion costs would be refunded.

The Queen Mary 2, with 2,613 passengers and 1,255 crew members, was docked in Saint Lucia in the Caribbean when the outbreak was reported to the Centers for Disease Control and Prevention. Vessels are required to notify the agency when at least 2 percent of those on board develop a gastrointestinal illness.

The crew of the Queen Mary 2 claims they took steps to stop the spread of the virus, such as deploying teams to do additional cleaning of public areas with disinfectant.

According to the CDC, norovirus can be acquired from an infected person, contaminated water or food or even by touching contaminated surfaces containing the contagious microorganism. Norovirus causes acute gastroentitis, producing severe stomach pain, nausea, vomiting and diarrhea. This particular disease causes around 21 million illnesses a year, and an estimated 70,000 cases require patients to be hospitalized. The illness kills around 800 people a year, according to the CDC.

The Queen Mary 2 received a score of 100% on their most recent inspection by The Vessel Sanitation Program, which is a part of the Centers for Disease Control and Prevention. However, just because a cruise ship passes as being clean, this does not mean you cannot get sick while on board. Illnesses on cruise lines is not a new concern, rather it is a problem that comes up quite frequently despite active measures to prevent the problem. The following are some of the most common causes of illnesses on cruise lines:

• Potable water systems
• Food storage and preparation
• Pest control
• Jacuzzi and swimming pool maintenance
When people fall ill or are injured aboard a cruise ship, they are often confused and unsure about their rights. A Florida Cruise Ship Injury Attorney at Whittel & Melton understands the technicalities of cruise ship injury claims and can help you recover compensation for damages. If your vacation was cut short by an illness or unfortunate injury, we can help you recover the costs of medical bills, pain and suffering and other costs associated with the illness or accident.

December 12, 2012

Florida Hotel Sexual Assault Attorney :: Strauss-Kahn Apparently Reaches Settlement Agreement for Hotel Rape Case

by Whittel & Melton, LLC

Former chief of the International Monetary Fund Dominique Strauss-Kahn has reportedly reached an agreement to settle a civil suit filed by the hotel maid that accused him of rape.

According to the New York Times, full details of the settlement are unknown, but the French media reported that Strauss-Kahn would be paying the maid $6 million.

The Associated Press reported that a New York judge facilitated the deal.

In any personal injury case, there are varying degrees of injuries. In many rape cases, there may not be any serious physical injuries, but emotional and psychological trauma, which can be equally as devastating as a catastrophic physical injury, if not more. A Florida Injury Attorney at Whittel & Melton knows how difficult it can be to move forward after a violent attack and can help you obtain the necessary compensation needed to fully recover.

Sadly, sexual assault in the workplace is not a new topic. In the case involving Strauss-Kahn, a New York hotel maid alleged that he forced himself on her sexually while she was attempting to clean his room. Cases involving violent and sexual attacks are not uncommon, but it is important to understand that all employees have the right to feel safe in their work environment. When a dangerous situation arises and results in injuries, a person may be able to file a personal injury lawsuit against negligent property owners, managers and even other staff members.

December 8, 2012

South Florida Auto Accident Injury Attorney :: Two Killed, Three Critically Injured in Bus Crash at Miami Airport

by Whittel & Melton, LLC

Two passengers were killed and three critically injured last weekend when a too-tall charter bus crashed into the bottom of a concrete over pass at Miami International Airport.

The bus driver drove into the overpass despite multiple warning signs that told drivers the overpass could only accommodate vehicles under 8-feet-6-inches tall. The driver drove his 11-foot-high bus into the overpass, instantly killing an 86-year-old man and causing a 56-year-old man to die from injuries later at the hospital.

In total, three people were listed in critical condition. The 27 remaining passengers sustained various non-life threatening injuries.

Reports indicate that the bus was privately owned and had been chartered by the Sweetwater Kingdom Hall of Jehovah’s Witnesses church. The 32-person church group was headed to a convention in West Palm Beach.

The bus is owned by Miami Bus Service Corp. The company owns a total of three buses.

Federal Motor Carrier Safety Administration records show the company has had no previous violations for unsafe driving or controlled substances and alcohol. However, records did show the company received three citations related to driver fatigue in April 2011.

While bus accidents are not common occurrences, when these accidents do happen, they can bring immense tragedy. Hundreds of people every year are killed or seriously injured in bus accidents. Sadly, the injuries sustained in these types of accidents are often more devastating than injuries suffered in passenger vehicle accidents. This is partially due to the fact that most buses fail to provide passengers with seat belts.
Bus accidents can be caused by many factors, but primarily these accidents occur when bus companies fail to abide by safety protocols, improperly train drivers or fail to properly maintain their buses.

The injuries a passenger may suffer following a bus accident can range in severity, from minor to life-threatening and may include the following:

• Sprains
• Burns
• Abrasions
• Fractures
• Internal Injuries
• Traumatic Brain Injuries

• Spinal Cord Injuries

• Loss of Limbs or Disfigurement

• Wrongful Death

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.

October 10, 2012

Meningitis Outbreak Claims Life of Ocala Man

by Whittel & Melton, LLC

Whittel & Melton 352-369-5334 – Ocala Meningitis Outbreak Attorneys
A 70-year-old Marion County man passed away in July after receiving a steroid injection from Florida Pain Clinic in Ocala, Florida. According to the Florida Department of Health, a deadly fungal meningitis outbreak is to blame.

The total number of cases in Florida involving the fungus-contaminated steroid shots is now at six. All of those infected in Florida are from Marion County. The other five patients are undergoing treatment for fungal meningitis after receiving their injections from Marion Pain Management Center in Ocala.

Nationwide, there have been 11 deaths and 119 confirmed cases of fungal meningitis.
Investigators believe that as many as 13,000 people may have received the contaminated injections nationwide. At least 1,100 people in Florida could be affected by the now recalled steroid.

The FDA and the CDC claim the tainted doses of methylprednisolone acetate were made at the New England Compounding Center (NECC) in Massachusetts.
The pharmacy apparently distributed 17,000 vials of the contaminated medication as early as May.

While fungal meningitis is not contagious it can be very hard to treat and extremely lethal.

Any patients that received a shot should have been contacted by their doctor. Fungal meningitis symptoms can take up to four weeks to appear. Any patients that may have received an injection and feel symptoms such as headache, nausea or a sore neck should get in touch with their doctor as soon as possible.

BE ADVISED – Potentially tainted medications were received by the following facilities in Ocala, Florida:

FLORIDA PAIN CLINIC – 3241 Southwest 34th Street Ocala, FL 34474
MARION PAIN MANAGEMENT CENTER – 1737 Southeast 28th Loop Ocala, FL 34471
SURGERY CENTER OF OCALA – 3241 Southwest 34th Street Ocala, FL 34474
According to the FDA, the NECC has voluntarily shut down its facility and handed over their license. All NECC products have been recalled as a safety precaution. The potentially tainted injections were given starting May 21, 2012. It is important to understand that not all patients that received these shots will fall ill. Symptoms that should cause patients to seek medical care immediately include fever, severe headaches, sensitivity to light, numbness, weakness, neck stiffness and pain, swelling or redness of injection site.

Florida law provides those who have been injured by a medication that was manufactured defectively with the right to seek compensation for damages through a personal injury claim. When distributors and manufacturers of medications fail to make sure their products are safe and free of any dangerous side effects before they are sent out for use, this is considered negligent. Injury victims may be able to seek the following damages from pharmaceutical companies:

• Medical Expenses
• Lost Wages
• Physical Pain and Suffering
• Physical Impairment
• Mental Anguish
If a patient should die due to a defective medication or medical product, the family of the victim may file a wrongful death suit to obtain damages.

October 8, 2012

Pharmacy Responsible for Meningitis Outbreak in Ocala Issues a Voluntary Recall of All Products :: Whittel & Melton

by Whittel & Melton, LLC

The New England Compounding Center, a pharmacy located in Framingham, Massachusetts that distributed a steroid linked to an outbreak of fungal meningitis has issued a voluntary recall of all of its products.

The NECC announced the recall Saturday, claiming they were doing so because of the potential risk of contamination. As of now, they have no indication that any of their other products have been tainted.

The Food and Drug Administration has warned all health professionals not to use any of the products distributed by the center.

According to the Centers for Disease Control and Prevention, as of Sunday night, there have been 91 confirmed cases of fungal meningitis. This rare outbreak has affected nine states and left seven people dead.

The states with reported cases of fungal meningitis include Florida, Maryland, Indiana, North Carolina, Ohio, Tennessee, Michigan, Minnesota and Virginia.

Health officials are working to notify anyone who may have received an injection. At this time, it is unknown exactly how many people have been affected, though it could involve hundreds even thousands of people who received the steroid injections for back pain from July to September of this year.

The NECC is apparently fully cooperating with investigators.

While fungal meningitis is not contagious like its more common bacterial and viral counterparts, it can cause serious injuries and even death.

According to the CDC, those infected suffered from the following symptoms approximately 1 to 4 weeks after their injection: nausea, headache, fever and a neurological deficit consistent with deep brain stroke. Health officials claim that the steroids may have been contaminated by a dangerous fungus found in leaf mold. In the state of Florida, at least four meningitis outbreaks have been confirmed by the CDC.

The following products distributed by the NECC have been recalled:

Methylprednisolone Acetate (PF) 80 mg/ml Injection, Lot #05212012
Methylprednisolone Acetate (PF) 80 mg/ml Injection, Lot #06292012
Methylprednisolone Acetate (PF) 80 mg/ml Injection, Lot #08102012
Possibly contaminated products were received by the following facilities in Ocala, Florida:

FLORIDA PAIN CLINIC – 3241 Southwest 34th Street Ocala, FL 34474
MARION PAIN MANAGEMENT CENTER – 1737 Southeast 28th Loop Ocala, FL 34471
SURGERY CENTER OF OCALA – 3241 Southwest 34th Street Ocala, FL 34474

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.

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.

August 3, 2012

Tampa Bicyclist in Critical Condition after Being Hit by Car :: Whittel & Melton

by Whittel & Melton, LLC

A 22-year-old Tampa bicyclist was rushed to the hospital Wednesday night after sustaining critical injuries in a collision with a car.

The man was riding his bike around 11:15 p.m. when he apparently rode into the path of a Honda driven by a 23-year-old Tampa woman.

The Honda hit the bicycle head-on. The driver was uninjured in the crash.

The man remained in critical condition at St. Joseph’s Hospital Thursday morning.

When cars collide with a bicyclist or pedestrian, the results can be tragic. When walking or traveling on a bicycle, you do not have the same structural protection that cars offer, so you are more likely to suffer severe injuries should an accident happen. According to the National Highway Traffic Safety Administration, 51,000 bicyclists were injured across the United States in 2009 and another 630 were killed.

Unfortunately, most motorists in Florida fail to recognize that bicyclists have the same rights and responsibilities as other motor vehicles on the roadway. That is why drivers must pay attention to their surroundings and respect the rights of cyclists before executing driving errors that can place bikers and pedestrians at an increased risk for injury or death.

A bike vs. car accident can be a terrifying experience to endure and the injuries involved may be exceptionally painful. There are numerous injuries that a cyclist may suffer due to an accident with a car, including:

• Concussions
• Traumatic Brain Injuries
• Broken or Fractured bones
• Spinal Cord Injuries
• Neck and Back Injuries
• Paralysis
• Wrongful Death
Every six hours in the United States a cyclist is fatally injured. Head injuries account for 75 percent of all bicycle collision injuries and deaths. Sadly, reckless or negligent drivers are usually responsible for most bicycle accidents. Cars and trucks are no competition for bicycles, and drivers must be held accountable for the injuries that they cause.