Articles Posted in Wrongful Death

by

Federal prosecutors are scrutinizing whether employees inside and outside General Motors Co.’s legal department concealed evidence from regulators about a faulty ignition switch. It is alleged that the hiding of such evidence potentially delayed a recall of vehicles with the fatal problem.

The examining of GM’s legal department comes just after the release of an internal GM report in June that faulted the company’s lawyers for failing to alert other managers to lawsuits against GM that could have helped resolve a pattern of accidents in which air bags failed to deploy. The legal department is only one area prosecutors are scrutinizing for possible criminal liability, reports indicate.

34025179_6132823c82_mA spokesman for the largest U.S. auto maker said the company is cooperating with the investigation.

At this time, current and former employees are being reviewed as part of a larger criminal investigation into possibly misleading statements the company made to regulators about a faulty ignition switch used in 2.6 million Cobalt and other small cars. The investigation conducted by the Federal Bureau of Investigation and the U.S. attorney’s office in Manhattan covers matters dating back a decade.

Prosecutors are under pressure from lawmakers to hold executives at GM responsible for the long-lasting product defect that has been linked to 54 accidents and at least 13 deaths.

The investigation, while at an early stage, could possibly end without any charges being brought. While it will be interesting to see how this case plays out, it is important to note that criminal cases against in-house lawyers are quite rare and can be rather difficult to prove. In many instances, these cases are further complicated by issues of attorney-client privilege.

Continue reading

by

A bicyclist was killed Wednesday after being hit by a garbage truck, according to Palm Beach County Fire Rescue.

Officials with Palm Beach County Fire Rescue believe the crash happened at around 9:50 a.m. near Old Boynton Beach Road and Lawrence Road.

When firefighters arrived at the scene they found the victim lying in the roadway. The victim was pronounced dead at the scene.

3536561236_fab90bf9d7_mThe garbage truck involved in the accident was from Republic Services, a recycling and solid waste collection, transfer and disposal service serving western and southern Palm Beach County.

No further information regarding the crash is available at this time.

A bicycle ride should be a nice way to enjoy the great outdoors as well as a healthy recreational activity that can get you to and from wherever you need to go. However, riders are vulnerable, and can become involved in serious accidents at any moment due to the negligence of motor vehicle drivers. The negligence of a car or truck driver can lead to serious injuries to a cyclist.

Losing a relative or loved one can be devastating in many ways. When someone close to you has been killed due to the fault of a motorist, Florida law provides the surviving family members and partners with the right to bring a wrongful death lawsuit for the financial loss endured as well as the loss of the intangible benefits of their relationship.

Continue reading

by

Johnson & Johnson is asking doctors to return its laparoscopic power morcellators, due to the fact that these controversial surgical devices may have inadvertently spread cancer in women being treated for uterine growths called fibroids.

In April, the company’s Ethicon unit suspended sales and distribution of the devices. During this time, their role in treating symptomatic fibroid disease was reviewed by the Food and Drug Administration and the medical community.

5249211692_04bcf8eab8_mThe FDA advised doctors not to use the devices in April, pending further review. J&J is now taking additional steps and reaching out to customers asking them to return the devices they have already bought in what it is calling “a worldwide market withdrawal” of all Ethicon morcellation devices that are still on the market.

What are these morcellators and how are they used? The morcellators are used to cut up uterine growths so that they can be easily removed using noninvasive procedures. They are also used in hysterectomies. However, the problem is that sometimes these masses can be malignant, which is why the FDA has warned patients and doctors that the spinning blade of the morcellators could potentially spread deadly cancer, making the outcome for patients much worse.

J & J is not accepting any legal liability for the alleged injuries from cancer caused by its power morcellators. J&J is not even calling this a recall. Rather, the company is taking preventative measures and contacting hospitals and other patients to ask them to return the devices. The Florida Injury Lawyers at Whittel & Melton represent victims across the state of Florida in lawsuits in order to obtain just compensation for any pain, suffering, lost wages and all other losses and damages.

Hopefully, new technology and better cancer screening procedures in the future will render laparoscopic power morcellators used in hysterectomies and myomectomies a safe procedure. Until then, the FDA and Ethicon have researched and concluded that power morcellation poses too great a risk to women to be used presently. It will be interesting to see if the American Congress of Obstetricians backs up these findings.

Continue reading

by

General Motors was hit last week with another lawsuit brought on by more than 650 people who were allegedly injured or killed in accidents involving cars that have been recalled this year for faulty ignition switches.

The lawsuit was filed in Manhattan federal court by a Texas-based attorney. Dozens of cases against GM over the switch recall have been consolidated in Manhattan federal courts.

The suit names a total of 658 plaintiffs, including 29 who are bringing claims on behalf of people who died.

by

A federal judge in Texas has declared a mistrial in the possible billion-dollar whistleblower lawsuit involving the popular Trinity guardrails that line our nation’s highways.

According to a U.S. district judge, there were “serious concerns” regarding witness testimony associated with the defendant, highway manufacturing giant Trinity Industries.

The whistleblower and former industry business owner, Josh Harman, filed a federal lawsuit on behalf of the American public in Texas where the company’s headquarters are located. According to Harman, the current Trinity guardrails, the ET-Plus model, are dangerous and deadly. He claims the guardrails were never properly tested or properly approved by the government.

3180695137_76a2a00fd2_mHowever, Trinity has issued statements saying  company stands behind its product and has called Harman’s allegations “false and misleading.”

According to a court transcript from Friday, July 18, the judge declared that “this case has been replete with errors, gamesmanship, inappropriate conduct, and matters that should not be a part of any trial where a fair and impartial verdict is expected.”

The judge also discussed the possibility of the president of Trinity Highway Products attempting to intimidate a witness and possibly committing perjury.

Trinity claims that the allegations against its president are untrue and that the company “looks forward to re-presenting the facts in this matter.”

The federal judge also said the plaintiffs is this matter took steps to prevent the witness from being deposed by the defense and “effectively hounded him.”

“I believe the plaintiffs took steps to hide this witness and unfairly spring this witness on the defendants,” the judge said.

The mistrial was declared less than a week into the Marshall, Texas trial, which is about 150 miles east of Dallas.

The guardrails in this case were installed throughout the country in all 50 states. According to Harman, there have been hundreds of accidents that caused serious harm. In this specific type of guardrail, the terminal head is supposed to take the impact and slow down the vehicle. The railing should channel through the head and pigtail out the side and away from the car. But, there have been many accidents where the railing gets jammed up and then pierces the vehicle like a spear. They cut through the cars and any people inside the vehicle as well.

One of the most recent accidents occurred in January 2014 in North Carolina where an Isuzu Trooper hit a guardrail head-on, leaving the driver’s legs severed.

According to Harman, a guardrail should not cut a person in half.

A new trial is anticipated to happen later this year in the fall. The case would be tried in front of a new jury.

As drivers, we rarely think about roadways themselves being risky. Instead we tend to focus on more talked about roadway hazards, such as cell phone use, speeding or driving under the influence of alcohol or drugs. However, as this case shows, there can be more than meets the eye when it comes to dangerous roadways, especially highway guardrails.

It will be interesting to see how this case unfolds, as it could affect victims in Florida who have been seriously injured or even killed in auto accidents due to highway guardrails.

Continue reading

by

BMW has recalled several of its most popular models due to defective Takata airbags, a problem that is hitting much of the global auto industry.

The German automaker will recall 1.6 million 3-Series cars from model years 2000 to 2006 across the world, including 574,000 in the U.S.

The company said the recall is just a precaution because other automakers using similar systems have had issues.

2829465434_8016b52b75_mThe problem with the Takata airbags is that airbag inflators in these systems can rupture. When this happens, not only can the airbags not work properly, but they could blast shrapnel into passengers.

Honda, who has had similar issues with these airbags, reported two deaths in 2009 linked to the problem. They have recalled vehicles with Takata bags six times since then.

The airbag issue is responsible for millions of recalled vehicles over the past few years, including those made by Chrysler, Ford, Honda, Mazda, Nissan and Toyota. The recalls have mostly been of vehicles in states with hot and humid weather, which includes Florida.

BMW said no problems have been reported in their vehicles. However, dealers will replace the passenger-side front air bags.

The new recall excludes 42,000 BMWs recalled in May 2013 for the exact same problem. The company says it is recalling all vehicles equipped with potentially defective airbag systems regardless of where they were sold.

The U.S. National Highway Traffic Safety Administration began investigating air bags made by Takata in June. The agency said they received six reports of air bags rupturing in Florida and Puerto Rico, resulting in three people suffering injuries.

The NHTSA estimated 1.1 million vehicles in the U.S. could be affected, but they believe that number is likely to climb.

The government wanted automakers to act swiftly to warn those in warm states while it continues to investigate the issue.

If an airbag defect in your car has resulted in an unfortunate accident, you may be struggling to recover from any injuries and unsure of what you can do to remedy your situation. While the law can be complex, you do have legal recourse against the vehicle’s manufacturer. Manufacturers have a duty to pay attention to the quality of the products they put out and issue recalls in a timely manner should a problem arise. When automakers and manufacturers fail to do this, innocent consumers can be seriously injured or killed.

Thousands of people suffer serious injuries from defective products every year. Most of these injuries could have been avoided if the makers and manufacturers of these products took extra care to ensure the safety of consumers. Every year, thousands of consumers sustain serious injuries from defective products. Many of these injuries could be avoided if the manufacturers or distributors of these products took additional steps to ensure consumer safety.

Continue reading

by

Mitsubishi Motors Corp is recalling cars made with Takata Corp air bags in Florida, Hawaii, Puerto Rico and the U.S. Virgin Islands.

Mitsubishi has joined nine other automakers in conducting a recall in those states.

Mitsubishi has said it will conduct a limited recall of model year 2004 and 2005 Lancer sedans with Takata passenger-side air bags that have inflators that may cause them to open with too much force, according to the U.S. National Highway Traffic Safety Administration.

According to the NHTSA website,”In the event of a crash necessitating deployment of the passenger-side frontal air bag, the inflator could rupture with metal fragments striking and potentially seriously injuring the vehicle occupants.”

Nearly 12 million vehicles with Takata air bags or inflators have been recalled within the past five years.

The Japanese auto parts supplier announced on Friday that they have experienced a “special loss” of about 45 billion yen, which equates to $440 million, because of the problem.

Like most of the automakers participating in the recall, Mitsubishi has limited the recall to a portion of the United States and U.S. territories.

Mitsubishi released the following statement: “Due to NHTSA’s belief that humidity is a contributing factor to the inflator condition at issue, the (recall) will be limited to affected vehicles that are registered in, or were originally sold in Florida, Hawaii, Puerto Rico, and the U.S. Virgin Islands.”

Some of the other automakers have expanded the recall to include other warm-weather states or the entire country.

7146630349_3373422b92_mMitsubishi says they do not know of any crashes, injuries or deaths related to Lancer sedans with Takata air bags. The company claims it has not found any safety defect on its own and is recalling the cars because it is working “in good faith” with NHTSA.

BMW announced earlier this week that it would recall 1.6 million 3 Series cars with Takata front passenger-side air bags.

According to a Mitsubishi spokesman, the company is “still investigating” how many Lancer sedans will be involved in the recall.

Continue reading

by

The National Safety Council delegates the months of June and July to focus on fireworks safety, since fireworks injuries are most common between June 1 and July 4 each year.

Eye injuries are a noteworthy concern when it comes to projectile fireworks like bottle rockets and Roman candles. According to Prevent Blindness America, eye injuries are common with fireworks, as are burns and other very serious injuries. Most of those who suffer fireworks-related eye injuries are children under the age of 15 since they do not fully understand the dangers of these hot explosives, but it is important to point out that anyone can be harmed by fireworks.

fireworksLast year there were eight deaths and about 11,400 injuries nationally from fireworks, according to a recent report by the Consumer Product Safety Commission. To help protect yourself and those you love from fireworks injuries this summer, please familiarize yourself with the following safety tips:

  • Check the fireworks laws and ordinances where you live. In the state of Florida, consumer fireworks are illegal. However, state lawmakers passed an exception to this rule allowing fireworks to be purchased by farms and fish hatcheries. In order for vendors to sell fireworks to customers, all they have to do is have purchasers sign forms saying they’re buying under an agricultural or other exemption.
  • Never let children play with fireworks. While most people tend to think hand-held fireworks like sparklers are safe enough, know that these can reach temperatures over 1,000 degrees Fahrenheit, which can cause serious burn injuries. Do not let your child play with, hold or light off fireworks of any kind.
  • If you are going to light off fireworks, make sure to set up a fire-resistant area. Everyone else should be kept several yards away from this area. Also, have a fire extinguisher or hose handy in case fireworks get out of control.
  • Leave the fireworks to the professionals. Rather than lighting off your own fireworks at home, head to professional fireworks shows. While you could still possibly be injured at one of these shows, the risk is much lower than if you choose to light your own fireworks off at your house.

Continue reading

by

There are way too many drivers in Florida and across the United States that are taking their eyes off the road while behind the wheel and placing lives at risk. That is why officials with the National Safety Council have dedicated week four of National Safety Month to putting an end to distracted driving.

Our Florida Auto Accident Attorneys at Whittel & Melton know that thousands are killed each and every year as a result of drivers using cell phones while driving and engaging in other distractions. According to Distraction.gov, 3,328 people were killed in distraction-affected crashes in 2012. In that same year, another 421,000 people were injured in motor vehicle crashes involving a distracted driver.

distracted drivingWhile it may seem shocking, officials estimate that around 20 percent of all injury accidents involve a distracted driver. And these are just the accidents that are reported. Officials believe that the real number is much higher due to the fact that most drivers do not openly admit that they were irresponsible and that their distracted driving caused an accident.

To help put an end to this deadly driving behavior, officials with the NSC are asking drivers to:

  • Place cell phones and hand held devices out of sight while operating a motor vehicle. Place your phone in the back seat, in a purse or briefcase or in the glove compartment. When your phone is out of sight, it’s also out of mind.
  • Familiarize yourself with the dangers of distracted driving. The more you are aware of and understand, the less likely you are to engage in these risky behaviors.
  • Spread the word! Talk with your friends, family members and neighbors in your community about how dangerous distracted driving is. Changing driver behaviors is a group effort.
  • If you are on the phone with someone while they are driving, tell them that you will speak with them once they have stopped at a safe location.
  • Pledge to drive cell phone free. Encourage your friends and family members to do the same. Taking just this small step is all part of creating a larger change.

The truth is that drivers who use cell phones and hand held devices are about four times more likely to get into a serious crash resulting in injuries than drivers who put their cell phones away. Likewise, texting drivers are about 23 times more likely to get into an accident.

Continue reading

by

Slip, trip, and fall accidents are a primary cause of injury in the United States for people of all ages and genders. June is National Safety Month, which is why it is important to address these risks, and for all of us in Florida to strive to help prevent future accident injuries.

The Second Week of National Safety Week Is Dedicated to Fall Prevention

Caution_wet_floorThe National Safety Council has dedicated the second week of June to raising awareness about slip and fall and trip and fall injuries. There are many ways we can prevent serious injuries and fatalities throughout our Florida communities, including the following:

Contact Information