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care-4083343_640-150x150A Washington state nursing home that had at least 37 Covid-19 deaths faces a fine of more than $611,000, according to federal inspectors. 

The facility could also lose Medicare and Medicaid funding if it does not correct a plethora of deficiencies that led to the country’s first major outbreak of the novel coronavirus.

In a letter Wednesday to Life Care Center of Kirkland, the Centers for Medicare and Medicaid Services wrote that the nursing home failed to report an outbreak of respiratory illness to local authorities for two weeks as required by law, gave inadequate care to its residents during the outbreak and failed to provide 24-hour emergency doctor services.

The inspectors said that if the nursing home northeast of Seattle “does not correct all deficiencies and return to full compliance by September 16, 2020, then CMS will terminate your facility from participating in the Medicare/Medicaid program.”

As of Thursday afternoon, Life Care had not responded to a request for comment on the inspection findings and the penalties. The company has a right to appeal.

Inspectors levied a per-day civil penalty of $13,585 for the alleged deficiencies, dating to Feb. 12, around the time that the outbreak is thought to have taken hold, and continuing through March 27. They said the fine could be raised, or lowered, depending on the facility’s compliance with its correction plan.

In addition to losing its federal payments under the Medicare and Medicaid programs, the facility also could lose its Nurse Aide Training and Competency Evaluation Program and forfeit federal payment for the patients it admitted from March 21 to March 27.

Officials said that 129 residents, staff and visitors were infected with the coronavirus, which causes mild-to-moderate symptoms in most people but can prove fatal to the sick and elderly. As of March 23, 37 people associated with Life Care had died. 

In figures updated April 1, the county said that 2,496 people had tested positive for covid-19 in total and that 164 people had died due to covid-19 illness.

In a summary of its findings issued last month, CMS said inspectors had found that Life Care failed to swiftly notify regional authorities that it had a surge in respiratory infections, and continued to admit new patients and hold events such as a Mardi Gras party for dozens of residents and guests.

King County said it received notification of an increase in respiratory illnesses at the nursing home late on Feb. 27. Life Care has said it also left a voice message with county officials the day before. State law and county regulations required Life Care to report any suspected flu outbreak within 24 hours.

The Seattle region was the site of the first confirmed coronavirus case in the United States. Authorities said on January 21 that a 35-year-old man in Snohomish County, which neighbors King County, had tested positive after traveling from the Wuhan region of China, where the virus is thought to have originated. The man has since recovered.

Managers at the facility held quality-assurance meetings on Jan. 27 and Feb. 19, after the virus had already been detected in a neighboring county.

The home’s director, who joined the facility in January, told CMS inspectors: “Normally if there are concerns in infection control it would have been discussed in the QAPI meeting.”

CMS said infection concerns did not come up at either meeting, including the one in February, which was held days after Life Care said it posted signs warning visitors about the respiratory outbreak that staff thought was the flu.

“Further review of the 02/19/2020 monthly QAPI meeting minutes under the nursing section revealed: no reports of infection concerns at the facility,” the CMS report said.

The nursing home’s medical director, who was not identified, did not attend either of those meetings, the report states. Life Care’s “Infection Preventionist” nurse attended the January meeting, but did not attend the Feb. 19 meeting.

The executive director and two unidentified administrative staff members said “it was very chaotic” inside Life Care, as patients and dozens of staff members fell ill in February and March. Patient records were incomplete. Staff members were sick and unable to tend to the residents, they told inspectors.

“We were triaging residents as the residents were crashing, so there wasn’t going to be a lot of documentation,” one nursing home official, who was not identified in the report, told CMS inspectors.

CMS said the facility “did not have effective systems in place” to prevent the infection or respond to it. Life Care officials did not notify health-care authorities of the outbreak until Feb. 26 and did not have a 24-hour emergency physician or adequate staff to respond to the outbreak.

The facility lacked a “clear medical plan of action,” inspectors said, leading to a “systemic failure.”

Nearly a month after the outbreak, on March 7, inspectors said two certified nursing assistants, a man who had worked at Life Care for 15 years and a woman who had been there for four years, said they had not been trained to properly sanitize items with bleach wipes.

Also that day, inspectors spotted a laundry staff member who delivered clothing to residents in multiple rooms without changing her gown, gloves and other protective gear despite warning signs that patients might have been contagious.

CMS Guidance for Limiting the Transmission of COVID-19 for Nursing Homes 

CMS has released a guidance labeled as QSO-20-14-NH to respond to the threat posed by COVID-19.

For ALL facilities nationwide: Facilities should restrict visitation of all visitors and non-essential health care personnel, except for certain compassionate care situations, such as an end-of-life situation. In those cases, visitors will be limited to a specific room only. Facilities are expected to notify potential visitors to defer visitation until further notice (through signage, calls, letters, etc.). 

Note: If a state implements actions that exceed CMS requirements, such as a ban on all visitation through a governor’s executive order, a facility would not be out of compliance with CMS’ requirements. In this case, surveyors would still enter the facility, but not cite for noncompliance with visitation requirements. 

For individuals that enter in compassionate situations (e.g., end-of-life care), facilities should require visitors to perform hand hygiene and use Personal Protective Equipment (PPE), such as facemasks. Decisions about visitation during an end of life situation should be made on a case by case basis, which should include careful screening of the visitor (including clergy, bereavement counselors, etc.) for fever or respiratory symptoms. Those with symptoms of a respiratory infection (fever, cough, shortness of breath, or sore throat) should not be permitted to enter the facility at any time (even in end-of-life situations). Those visitors that are permitted, must wear a facemask while in the building and restrict their visit to the resident’s room or other location designated by the facility. They should also be reminded to frequently perform hand hygiene.

Nursing Homes Are Still Obligated to Meet Residents Needs During a Global Pandemic

The coronavirus is a very serious condition that can be fatal to elderly residents of nursing homes and assisted living facilities. The CMS is working hard to provide the guidance nursing homes need to protect their residents. This is no time for nursing homes to place profits over people. Instead, nursing homes need to step up and protect the elderly in their care and place their safety as top priority.

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drink-girl-glass-hands-576831-150x150The US Food and Drug Administration announced Wednesday that it is requesting manufacturers pull all prescription and over-the-counter ranitidine drugs, known by the brand name Zantac, from the market immediately. 

The FDA noted that an ongoing investigation has determined that levels of a contaminant in the heartburn medications increase over time and when stored at higher-than-normal temperatures, poses a risk to public health.

The contaminant, N-nitrosodimethylamine or NDMA, is a probable human carcinogen and the FDA has been investigating levels of it in ranitidine since the summer of 2019.

The director of the FDA’s Center for Drug Evaluation and Research, Dr. Janet Woodcock, made the following announcement today: 

We didn’t observe unacceptable levels of NDMA in many of the samples that we tested. However, since we don’t know how or for how long the product might have been stored, we decided that it should not be available to consumers and patients unless its quality can be assured. The FDA will continue our efforts to ensure impurities in other drugs do not exceed acceptable limits so that patients can continue taking medicines without concern.

According to the FDA’s announcement, letters are now being sent to all manufacturers of ranitidine requesting that they withdraw products from the market, and consumers are advised to stop taking any ranitidine tablets or liquid medications they currently have. 

The FDA said to dispose of them properly and not buy more.

Due to the coronavirus pandemic, the FDA said don’t return your medicines to a “drug take-back location,” but rather follow disposal instructions in the medication guide or follow the FDA’s recommended safe disposal steps on its website.

The FDA urges consumers who wish to continue treating their condition to consider using other approved medications. 

To date, the FDA has not found NDMA in some other products, such as famotidine or Pepcid, esomeprazole or Nexium, or omeprazole or Prilosec.

For patients taking prescription ranitidine, the FDA recommends speaking to your doctor about other treatment options before stopping the medicine.

“There are multiple drugs approved for the same or similar uses as ranitidine that do not carry the same risks from NDMA,” according to the FDA.

In September, CVS Pharmacy, Walgreens and Walmart all announced they would no longer sell Zantac and other over-the-counter ranitidine medications due to concerns they might contain NDMA.

Then in October, drugmaker Sanofi voluntarily recalled Zantac OTC sold in the United States and Canada. At the time, the company said it issued the recall “due to inconsistencies in preliminary test results.”

You should be able to trust that the medicines you purchase over the counter or through a prescription are safe when used as directed. Sadly, this is not always the case and when medications are deemed unsafe, the manufacturers of the drugs may be held liable for injuries caused by the medication. Our Florida Defective Drugs and Devices Class Action Attorneys at Whittel & Melton are committed to helping consumers who were harmed by dangerous drugs hold pharmaceutical companies accountable for their negligence. If you or your loved one has been diagnosed with cancer after regularly using over-the-counter Zantac or prescription Zantac, you may have a right to file a Zantac cancer lawsuit or join a Zantac class action lawsuit.

Our Zantac Lawsuit Attorneys at Whittel & Melton are currently reviewing potential legal claims involving Zantac. There are already several Zantac class action lawsuits underway that allege the manufacturers of Zantac, a pharmaceutical company Sanofi, were aware of the cancer risks associated with ranitidine, but failed to warn consumers of the risk. We are expecting many more claims to be filed. 

What is Ranitidine?

Ranitidine is an over-the-counter and prescription drug better known by the brand name Zantac. Millions of Americans have used ranitidine as it is approved in over-the-counter medications to relieve heartburn related to acid indigestion and sour stomach. The medication is part of a class of drugs that decrease the amount of acid created by the stomach.

As this article shows, the FDA has confirmed that the brand name drug Zantac contains impurities that may cause cancer in humans. The impurity is called N-nitrosodimethylamine (NDMA), which can cause cancer after exposure to high doses of the compound over a long time period. 

The following are a list of side effects of ranitidine: 

  • Constipation
  • Diarrhea
  • Nausea
  • Vomiting
  • Stomach pain
  • Itchy skin
  • Rashes
  • Pneumonia
  • Liver damage
  • Exposure to high levels of probable carcinogen

NDMA poisoning can cause stomach cramps, nausea and vomiting. It can affect the following organs: 

  • Bladder
  • Kidneys
  • Liver
  • Lungs
  • Pancreas
  • Stomach

Legal Liability for Zantac Drug Injuries and Illnesses

Drug makers have a legal duty to produce and market drugs that are safe and effective when used as directed. Manufacturers are required to warn the public of any known or potential risks associated with the products.

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royal-caribbean-665682_640-300x181Two Royal Caribbean crew members — one from the Symphony of the Seas and one from the Oasis of the Seas — were “medically evacuated” from their respective ships Monday at Port Everglades, the cruise line confirmed.

Even though Royal Caribbean would not confirm whether the members have been diagnosed with COVID-19, a spokesman for the company said the crew members were evacuated “for observation and treatment of respiratory issues.”

Ellen Kennedy at Port Everglades said: “It’s a Coast Guard mission. Port Everglades is not involved.”

Late Monday the Coast Guard confirmed that Coast Guard Sector Miami watch standers monitored two medical evacuations, one from each of the cruise ships. “The vessels arranged commercial transfer ashore of each patient for further transportation to local area hospitals,” the Coast Guard said.

Both ships were located just outside the port Monday. Royal Caribbean canceled all cruises March 13 because of the novel coronavirus pandemic.

According to the Miami Herald, a crew member on Oasis said Monday that “the ship is coming into port due to a crew member who’s really ill but not the coronavirus.” 

It is known that there are 14 people on board who have tested positive for COVID-19.

Coronavirus & Cruise Ships

Cruise ship lawsuits involve an injury or illness of some kind. When only one person on board falls ill it can be difficult to prove fault with the cruise ship, making it tough to build a winning case. But, when a massive outbreak is involved, it can be much easier to prove that the cruise ship was at fault for the spread.

COVID-19, the novel coronavirus currently classified as a global pandemic, has already caused lots of commotion on several cruise ships, and the virus was only discovered last December. As of now, lawsuits have started emerging against cruise ship companies for their negligence and recklessness in the way they handled the spread of the disease on board.

Falling ill on a cruise ship is already hard enough, but these warning signs could indicate there is a much bigger problem on board: 

  • How many other people on board are sick
  • If any passengers are quarantined
  • If the ship’s hospital is at or over max capacity
  • If the crew issues any health warnings or announcements
  • If the crew members on board start taking extra precautions about spreading an illness 
  • If the ship deviates from its original itinerary in any way

Were you on board a cruise ship that failed to prevent the spread of the coronavirus while you were on board? Our Florida Cruise Ship Injury and Maritime Law Lawyers at Whittel & Melton can help you file your own lawsuit or join a current lawsuit, like those against the owner of the Diamond Princess and the Grand Princess.

Accidents on Cruise Ships are Common 

While the spread of the coronavirus on cruise ships is currently a new and widespread issue, accidents aboard luxury liners are nothing new.  

Other reasons for filing a lawsuit against a cruise ship may include one of the following scenarios: 

  • Food poisoning from food or another illness from unsanitary conditions
  • Legionnaires’ Disease, which is caused by a bacterium which is common in settings like cruise ships
  • Medical malpractice
  • A passenger getting lost at sea or falling overboard 
  • Physical or sexual assault by a crew member or passenger
  • Slip and fall accidents
  • Swimming pool and waterslide injuries

Whittel & Melton Can Help You 

There are six cruise ship terminals throughout the state of Florida that thousands of people travel to and from every year. These include: 

  • PORT OF MIAMI (Miami)
  • PORT EVERGLADES (Fort Lauderdale)
  • PORT CANAVERAL (Orlando)
  • PORT TAMPA BAY (Tampa)
  • JAXPORT (Jacksonville)
  • PORT OF PALM BEACH (Palm Beach)

Cruise lines with ports in Florida include:

  • Carnival Cruise Line
  • Celebrity Cruises
  • Norwegian Cruise Line
  • Royal Caribbean International
  • Disney Cruise Line
  • Hapag-LLoyd Cruises
  • MSC Cruises
  • Virgin Voyages
  • Seabourn Cruise Line
  • Oceania Cruises
  • Azamara Club Cruise 
  • AIDA Cruises
  • Crystal Cruises
  • P&O Cruises 
  • Regent Seven Seas
  • Balearia Caribbean
  • Costa Cruises
  • Cunard
  • Holland America Line
  • Princess Cruises
  • Ritz Carlton Yacht Collection
  • Silversea Cruises

If you have suffered an injury or illness, including the coronavirus, while aboard one of these or any other cruise lines cruise ship, contact our Florida Cruise Ship Injury and Maritime Law Attorneys at Whittel & Melton as soon as possible. Cruise ship cases generally have a short and strict statute of limitations.

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truck-1499377_640-150x150The federal administration that oversees regulations for America’s six million professional drivers has temporarily suspended a trucking safety law that’s been in place since 1938

The Federal Motor Carrier Safety Administration said Friday evening that truck drivers who are moving goods “in support of emergency relief efforts related to the COVID-19 outbreaks” will temporarily not have to follow the hours-of-service laws, which mandate how many hours a truck driver may work. 

This is the first time since 1938, when the rule was developed, that it’s been suspended on a national level. It’s common for states and local governments to lift the rule amid natural disasters, when consumers “panic buy” household goods and hospitals need medical supplies. 

“Waivers of this type are a common response by FMCSA to natural disasters and crises because trucks delivering food, fuel and medicine are a critical part of the response,” America Trucking Associations spokesperson Sean McNally said in a statement to Business Insider. “This waiver will help keep loads of medicine, supplies and food moving as the country manages this current pandemic.”

Around 70% of the nation’s goods by weight is moved by a truck — so ensuring that they can get to your local grocery store or hospital ramps up in times of crisis. 

In its current edition, HOS requires truck drivers to drive only 11 hours within a 14-hour work period. They must then log 10 hours of “off-duty” time. The safety law, which is aimed at eliminating exhausted truck drivers from the nation’s highways so they do not endanger others, is disliked by many drivers. Some say the strict regulations actually disrupt their sleep schedule and make them more likely to drive tired. 

According to the FMCSA’s Friday evening emergency declaration, here are the types of loads that are exempt from HOS laws:

  1. Medical supplies and equipment related to the testing, diagnosis, and treatment of COVID-19
  2. Supplies and equipment necessary for community safety, sanitation, and prevention of community transmission of COVID-19 such as masks, gloves, hand sanitizer, soap, and disinfectants
  3. Food for emergency restocking of stores
  4. Equipment, supplies, and persons necessary to establish and manage temporary housing, quarantine, and isolation facilities related to COVID-19
  5. Persons designated by Federal, State or local authorities for medical, isolation, or quarantine purposes
  6. Persons necessary to provide other medical or emergency services, the supply of which may be affected by the COVID-19 response

The coronavirus outbreak, which has been ruled by the World Health Organization as a global pandemic, has seen “panic buying” envelop the nation. 

Shipments to grocery and discount retailers increased by 25% last week, according to freight data visibility company Project44. On March 14, a Saturday, that boost was 60%. 

Across the country, US sales of hand sanitizer jumped by 228% during the four weeks ending on March 7, compared to the same period last year, according to the most-recently available dataset from retail sales tracker Nielsen.

During January and February, Adobe Analytics, which tracks 80 top online retailers in the US, said sales of cold, cough, and flu products popped 198%, toilet paper grew 186%, canned foods jumped 69%, and “virus protection” items like gloves and masks jumped 817%.  

Recent studies show just how damaging coronavirus can be. About 0.1% of people who get the seasonal flu die, but the coronavirus’ death rate is now at about 3.4%. Even those who recover from coronavirus may have 20% to 30% less lung capacity, causing survivors to gasp for breath while walking, doctors in Hong Kong have found. 

While there is a demand around the country for supplies ranging from pasta to toilet paper, drastic measures have been necessary. While HOS has lifted regulations, saying putting more trucks on the road and for longer should help, there is a downside to all of this—the very real potential for more truck accidents.

Some of the most deadly motor vehicle accidents involve semi trucks and tractor trailers. The sheer size and weight of these trucks are no match for smaller vehicles such as cars and motorcycles. An accident with a big rig can easily lead to catastrophic injuries and even death

There are two main factors, aside from weight and height, that are likely to cause deadly truck accidents:

 

  • Truck drivers being fatigued and driving for too long, which decreases their focus. 
  • Improper loading, which can create an imbalance that can cause the truck to tip over.

 

Encouraging truck drivers to ignore how long they are driving as well as lifting weight restriction on these vehicles could truly be a recipe for disaster. Governments are creating dangerous conditions that could result in a surge of truck accidents. 

Our Tampa Bay Truck Accident Attorneys at Whittel & Melton know the stress that is on many Americans during this difficult time. If you must be on the road, we urge you to exercise more caution than usual, especially around large trucks. Should you or a loved one get into an accident with a semi truck during this time, you can rest easy that we are working around the clock to help all injury and wrongful death victims. Our offices remain open.

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traffic-4524710_640-150x150A 21-year-old woman died Tuesday when her car was struck by a Brightline train in Pompano Beach, authorities said.

The crash happened shortly after 11 a.m. at the railroad crossing at Northwest Sixth Street and Dixie Highway. 

On Wednesday, the Broward Sheriff’s Office identified her body.

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cruise-1578528_640-150x150As countries are sealing off their borders to reduce the spread of the novel coronavirus, cruise ships have been left stranded in the Caribbean, South America and Europe, with local governments denying permission to disembark as more cases of infected passengers have come to light.

Some ships have been denied port, leaving them to anchor off the coast of a country. Other cruises have docked with quarantined passengers aboard.

Three cruise ships have confirmed cases of coronavirus on board: the MS Braemar, Silver Shadow and Silver Explorer.

Here is the status of the cruise ships stranded. 

MS Braemar

Status: In the Bahamas, heading towards Cuba

A cruise ship with confirmed coronavirus cases is headed to Cuba after days of searching for a place to dock after it was refused several ports of entry in the Caribbean.

Five people aboard the MS Braemar tested positive for the virus, according to a statement from British company Fred Olsen Cruise Lines, which owns the Braemar.

22 passengers and another 21 crew members, including a doctor, are in isolation after displaying influenza-like symptoms while traveling on the ship, Fred Olsen Cruise Lines said.

Until Tuesday morning, the Braemar was anchored about 25 miles offshore in the Bahamas, being resupplied with vital food, fuel and medication.

The United Kingdom entered into discussions with authorities in Cuba and the US to find a suitable port for the Braemar, according to British government sources familiar with the efforts.

Cuba said it will receive the ship. Braemar is now en route to the port of Mariel. The captain Jozo Glavic announced on board that all guests will be repatriated back to the UK by air.

The cruise line said those who are infected will have their own plane.

The cruise line is working with the British Foreign and Commonwealth Office to firm up details, and with Public Health England to confirm further requirements once passengers are back in the UK.

Fred Olsen’s UK office has set up a dedicated Braemar Relative Support team, for those anxious about family members on board.

Fred Olsen Cruise Lines said that once all ships currently at sea return home, the “cruise operation will then pause all ocean cruise operations until 23rd May.”

The British Foreign and Commonwealth Office expressed gratitude to the Cuban authorities for their support.

Silver Shadow

Status: Docked in Brazil, passengers in isolation

A Canadian passenger tested positive for coronavirus Saturday on the Silver Shadow, which is docked off the port of Recife in Brazil, according to Brazil’s state news agency Agencia Brasil.

Royal Caribbean confirmed the case on the Silver Shadow on Sunday.

“Two guests aboard the Silver Shadow have been medically disembarked in Recife, Brazil, and one has tested positive for COVID-19,” Royal Caribbean said in a statement.

The ship’s 609 passengers have been in isolation since Thursday when a passenger showed symptoms similar to coronavirus, Agencia Brasil said on Friday.

One of the passengers who disembarked, a 78-year-old man from Canada, had a fever, cough and difficulty breathing. He was sent to a private hospital in the city.

Silver Explorer

Status: Docked in Chile, one passenger tested positive

The Silver Explorer docked in Castro, Chile, on Saturday after a passenger tested positive for coronavirus, Chile’s Health Minister Jaime Manalich said during a press conference in Santiago Saturday.

An 83-year-old British man is in “good condition” and being treated at the Coyhaique Hospital after testing positive, Manalich said. Royal Caribbean, which owns the Silver Explorer, confirmed the coronavirus case on Sunday.

“One guest aboard the Silver Explorer has been medically disembarked in Castro, Chile, also testing positive for the virus,” the statement said.

The cruise ship is carrying 111 passengers and 120 crew members, according to Chilean officials.

Golden Princess

Status: Cleared to set sail for Australia

While no one has tested positive for coronavirus on the Golden Princess anchored off New Zealand, at least three passengers have been quarantined by the ship’s doctor, according to local health officials.

One passenger developed symptoms similar to coronavirus and was being treated as a suspected case, according to the Canterbury District Health Board. Two other passengers had contact with a confirmed case in the past two weeks.

The ship is anchored in Akaroa Harbor near Christchurch so there could be “precautionary health testing” of guests who traveled on an international flight from Los Angeles. The flight had a passenger who later tested positive for coronavirus in Australia. The cruise line said the airline passenger who tested positive has never been on board its ship.

The passenger with respiratory symptoms tested negative for coronavirus. The Golden Princess was cleared to leave and set sail for Australia.

Norwegian Jewel

Status: Stranded in the South Pacific Ocean, no cases reported

The Norwegian Jewel is searching for a port in the Pacific Ocean after being denied permission to dock at two previously scheduled ports, Norwegian Cruise Line said.

The ship is at sea in the South Pacific Ocean off the coast of Suva, Fiji, as of Sunday evening.

The cruise was scheduled to disembark Sunday in Papeete, French Polynesia, but the port was canceled, the company said. Another scheduled port of Lautoka, Fiji, on March 17 was also canceled.

“We are actively working to find an alternative port and are communicating with guests regularly as we have further information,” the cruise line said in a statement.

Norwegian Cruise Line announced suspension of services from March 13 – April 11. “Voyages that are underway will conclude and guests will be disembarked as soon as possible and assisted with travel arrangements,” said the cruise line in a statement

Pacific Princess

Status: At sea in the Indian Ocean, heading to Fremantle, Australia, but docking rights uncertain

Pacific Princess, owned by Princess Cruises, departed in January for its 111 day around the world voyage.

Stopovers at Bali, Singapore and Phuket were canceled, due to fears over coronavirus.

The Pacific Princess was later refused entry by Sri Lanka while en route.

The ship was refused at the Seychelles, and abandoned its subsequent trek to Zanzibar, as more ports started to close.

The ship is currently heading to Fremantle, Australia, due to arrive March 21.

But Australia has closed ports to cruise ships, so this destination remains uncertain.

Costa Luminosa

Status: En route to Marseille

Two guests on board this ship, one German and one Danish, tested positive for coronavirus, according to Costa Cruises.

These passengers were placed in isolation after displaying symptoms, and later disembarked in Puerto Rico on March 8, where they were hospitalized.

“A third guest was also disembarked after being identified through the temperature check that is performed on board according to protocol,” said Costa Cruises in a statement.

The cruise company said it has suspended operations until April 3, and Luminosa is currently heading towards Marseille, France.

Costa Cruises confirmed that a 68-year-old male passenger with a history of cardiac issues contracted coronavirus. He was disembarked in Grand Cayman, the largest of the Cayman Islands, on February 29. The passenger later passed away.

The Cayman Islands government press release dated March 14 states the patient had two cardiac arrests while on board the cruise ship and was resuscitated, before he passed away in intensive care on Grand Cayman.

Families of those on Luminosa have been active on social media, expressing their frustration.

Cruises to Disembark

The Celebrity Eclipse is anchored in San Antonio, Chile. Celebrity Cruises is working with government officials to provide a controlled disembarkation plan to make sure guests have a way to leave the country, a spokesperson said.

The Azamara Pursuit, which is off the coast of Chile, is working on a plan to disembark passengers and get them home safely. The ship left Ushuaia, Argentina, on March 8 carrying 675 passengers and 389 crew members, Chile’s Health Minister Jaime Manalich said Saturday.

P&O Cruises announced suspension of any new cruises until April 11, 2020, with current cruises currently heading back to Southampton, England.

The Balmoral, another Fred Olsen Cruise Line ship, arrived in Southampton on March 18. Fred Olsen’s Boudicca ship is due to arrive in Dover, also in England, on March 19, while the Black Watch is currently cruising to Southampton, due to arrive on March 17.

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vaping-4508927_640-150x150Florida is poised to raise the minimum age for smoking and vaping to 21.

The state Senate on Thursday joined the House in approving a measure that would also ban the sale of vaporized nicotine products used in so-called e-cigarettes. 

The legislation now heads to Gov. Ron DeSantis for consideration.

Health advocates said the measure is necessary to protect public health, particularly among young tobacco users.

While smoking among youth has been on the decline in recent years, vaping has surged. The rise has alarmed health advocates who worry about nicotine addiction and the stunting of brain development.

Vape shop operators have asserted that vaping is safer and helps wean smokers off cancer-causing cigarettes.

The U.S. Centers for Disease Control and Prevention has joined other federal and public health agencies in investigating an outbreak of deaths and lung injuries that appear to be associated with e-cigarettes.

As of last month, more than 2,800 such cases have been reported across the United States and its territories in the Caribbean. The CDC said 68 deaths have been confirmed in 29 states and the District of Columbia.

E-cigarettes have been marketed as a safe alternative to smoking cigarettes. E-cig devices work by heating a liquid, typically containing nicotine and other additives and flavorings, into a vapor, which users then inhale. When the aerosol is inhaled this is referred to as vaping or juuling, a reference to a particular brand, Juul e-cigarettes. 

E-cigarettes come in many different shapes and sizes and are called various names including e-cigs, vape pens, e-hookahs, vape mods, and tank systems. Vaping has become popular with millions of young people, which is why the state of Florida is taking such measures to try and curb the problem.

E-cigarettes pose a number of avoidable health risks. Most e-cigarettes and vape pens contain nicotine, and no matter how nicotine is delivered, it is addictive and can harm the development of young people’s brains. Likewise, the vapor from e-cigarettes contains harmful chemicals, heavy metals and flavoring additives associated with serious lung disease. Some e-cigarettes contain acrolein, a weed killer, that can cause acute lung injury and may cause lung cancer, according to the American Lung Association

If you or someone you love has suffered an injury from an e-cigarette or developed breathing problems after using a vaping device, you may have grounds to file a lawsuit to recover financial compensation for injuries and illnesses that result because of these dangerous products. Our Florida JUUL and E-Cigarette Injury Lawyers at Whittel & Melton can fight to hold JUUL and other e-cigarette companies accountable for any harm they have caused you or your loved ones. The best first step is to educate yourself about your legal options by meeting with us for a free consultation.

Our attorneys and affiliated law firms at Whittel & Melton have the resources and experience to conduct a thorough investigation of all vaping or e-cigarette related injuries and illnesses. We will fight tirelessly to hold the at-fault parties accountable. You may seek financial compensation for the following types of damages related to an e-cigarette injury:

  • Medical bills, such as emergency room bills, surgery, reconstructive plastic surgery
  • Lost wages and future lost income
  • Pain and suffering
  • Emotional distress

You may have the right to pursue a lawsuit on your own or take part in a class-action lawsuit against e-cigarette companies. Our Defective Drug and Devices Lawyers are happy to review the specific facts of your case and discuss your legal options for seeking compensation. Our goal is to make sure you are fairly compensated for your suffering. 

The first step in obtaining compensation for harm caused by an unsafe e-cigarette product or vaping device is to establish that the manufacturer of the product acted negligently and that resulted in harm to you or your loved one. Our Florida Vaping Lawsuit Attorneys Whittel & Melton understand the types of evidence needed to meet the burden of proof in a product liability case.

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covid-19-4908692_640-150x150Gov. Ron DeSantis issued an executive order preventing a wide array of people from visiting nursing homes, assisted living facilities and similar sites in Florida in an effort to stop the spread of the novel coronavirus among some of the state’s most vulnerable people.

Anyone who’s traveled internationally, traveled on a cruise ship, is showing symptoms of the coronavirus or has been in contact with someone who has tested positive for the virus is temporarily prohibited from visiting those sites, he said.

The order applies to nursing homes, assisted living facilities, adult family care homes, long-term care facilities and adult group homes across the state.

“These are important efforts to mitigate the risk to our most vulnerable population to COVID-19,” DeSantis said.

The order required facilities to prevent the following groups of people from visiting:

▪ Anyone infected with COVID-19 who hasn’t had two consecutive negative test results cannot visit the facilities.

▪ Anyone showing signs of a respiratory infection cannot visit.

▪ Any person who has or been in close contact with a person infected with COVID-19 who has not tested negative is prohibited from visiting for 14 days.

▪ Any person who has traveled internationally must wait for 14 days from their return to the U.S. before visiting.

▪ Any person who has traveled on a cruise ship must wait 14 days from the date of their return before visiting.

▪ Any person who has been in a community with confirmed “community spread” of the virus must wait 14 days before visiting.

▪ Any person who lives in a community with confirmed community spread is prohibited from visiting.

“No one is exempt from the screening,” Agency for Health Care Administration Secretary Mary Mayhew said.

People throughout Florida, the United States, and around the world are concerned about the spread of the coronavirus, which is officially known as COVID-19. This disease originated in China, where over 100,000 people have been infected and thousands more have died. While the U.S. rate of infection has been relatively low in comparison, the main concern is that the disease may continue to spread, causing serious illnesses and deaths.

A large concern with coronavirus is how it affects the senior citizen population, which raises the question of how residents of nursing homes will be able to fight the spread of the coronavirus, especially since the largest outbreak that has occurred in the United States so far has taken place at the Life Care Center nursing home in the Seattle, Washington area. There have been more than 10 deaths at this facility, and the infection has spread to dozens of people in the surrounding community.

Our Florida Nursing Home Injury Attorneys at Whittel & Melton understand the concerns about how coronavirus infections may affect nursing home residents. We are here to help you and your families understand if negligence was a factor when harm is suffered by a loved one. We know the law as it pertains to infections and other forms of nursing home neglect and abuse, and we can work with you to establish liability and help you pursue your legal options. 

The Dangers Of Coronavirus for Nursing Home Residents

It has been determined that COVID-19 is more likely to cause serious harm to the elderly as compared to other age groups. According to researchers who have studied the outbreak of the coronavirus in China, the overall fatality rate for those who are infected is around 2%. But, for those over the age of 70, the fatality rate is around 8%, and it increases to nearly 15% for those over the age of 80. Fatalities are also much more likely for patients who have conditions such as cardiovascular disease, chronic respiratory disease, diabetes, hypertension, or cancer.

Nursing Homes Must Act Responsibly to Control the Spread of Coronavirus

All nursing homes and assisted living facilities are required to have plans in place for disease prevention and control, as well as emergency preparedness plans that address how to respond to an outbreak. Staff members are required to follow proper hygiene procedures, which includes thoroughly washing hands and wearing eye protection and facial masks. Commonly-used areas and surfaces should be regularly disinfected. They must also follow the above listed protocols as outlined by the governor’s order. 

Nursing Homes Can Be Liable for Coronavirus Infections

When a nursing home facility fails to follow the proper steps to prevent infections, it may be liable for injuries or wrongful deaths that occurred as a result. If a resident does not receive the proper medical care after contracting an infection, the victim or their family may be able to pursue financial compensation. Claims can also be pursued if the nursing home did not take the proper measures to prevent the spread of infection to visitors to the facility.

Contact Our Florida Nursing Home Coronavirus Infection Lawyers

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harley-davidson-1905281_640-150x150Three people have been killed in a motorcycle crash during Bike Week in Florida, authorities said.

The crash involved three Harley-Davidson motorcycles early Tuesday morning on International Speedway Boulevard in Daytona Beach, according to a police news release. 

A 46-year-old woman and a 47-year-old man from New York state were on one bike and killed, as well as a 65-year-old Missouri man on another bike. 

The rider of the third bike, a 55-year-old Missouri man, told police that he and the other Missouri man were traveling in one lane while the couple was traveling in another lane in the same direction. The couple crossed directly into the path of the older Missouri rider as he tried to change lanes, leading to a crash that knocked all three off their bikes, police said.

The younger Missouri man’s bike went down after being clipped by one of the other bikes, police said. He was treated at the scene for minor injuries and declined transport to a hospital.

The road was closed for several hours while investigators processed the scene.

Police said no charges were immediately pending.

Riding a motorcycle is about as American as you can get. However, collisions involving motorcycles can be especially risky because bikes are not equipped with the same safety features that most cars have. Motorcycles are much smaller and lighter than cars and because of this, motorcyclists are much more likely to suffer severe injuries in a crash.

If you or someone you love has been harmed in a motorcycle accident, it is absolutely necessary to seek out the legal counsel of an attorney who handles these types of cases regularly. If your accident was caused by the careless or reckless actions of another motorcyclist or the driver of a car, you may be entitled to compensation to help ease the financial burdens associated with the accident, including past and future hospital and medical bills, physical therapy costs, lost wages, past and future economic losses, mental anguish, and pain and suffering. Our Florida Motorcycle Accident Injury Attorneys at Whittel & Melton serves clients who have been injured in motorcycle accidents in cities such as Boca Raton, Fort Lauderdale, Orlando, Daytona Beach, Tampa, St. Petersburg, Clearwater, New Port Richey, Spring Hill, Brooksville, Inverness, Ocala, and Gainesville.

Due to the fact that there is no buffer between a motorcyclist and the force of the concrete of the road, catastrophic injuries often occur when a crash happens, including traumatic brain injuries, spinal cord damage, complex fractures, amputations, and even death. To recover financial damages for injuries in a motorcycle accident, you need to show the at-fault driver exercised negligence. Our Florida Motorcycle Accident Attorneys at Whittel & Melton can help you demonstrate that the other driver or drivers involved acted recklessly when causing the crash, and because of this you suffered damages.

If a loved one died in a motorcycle accident in Florida, you may be able to recover damages through a wrongful death lawsuit. We may be able to help you recover financial compensation for medical bills, funeral expenses, and the mental anguish of losing a family member. Relatives who can recover damages in a wrongful death suit in Florida include a surviving spouse, a minor child, an adult child if there is no surviving spouse, a parent of a minor child, and a parent of an adult child when there are no other survivors specified under the statute.

There are many reasons motorcycle crashes occur, but some are more common than others. Here are the top ten reasons for motorcycle crashes:

  • Unsafe lane changes
  • Car doors opening
  • Inexperienced drivers
  • Driving under the influence of drugs or alcohol
  • A sudden stop
  • Left turn accidents
  • Speeding
  • Lane splitting
  • Head-on collisions
  • Road hazards

As a motorcyclist, you know that there are preventative measures you can take to eliminate the possibility of a crash. You should wear a helmet, wear bright clothing, and invest in reflectors that shine brighter when illuminated by headlights. The state of Florida requires every motorcycle rider under the age of 21 to wear a helmet. However, riders over the age of 21 have the choice of whether or not to wear a helmet if they can prove they are covered by a $10,000 medical insurance policy to cover any injuries that may arise as a result of a crash. It is important to also note that you should not share lanes. Even though motorcycles are smaller than other vehicles, you must follow the laws and never ride in between lanes of traffic or share a lane with another vehicle.

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connection-4884862_640-150x150Across the country from Miami to Seattle, nursing homes and other facilities for the elderly are stockpiling masks and thermometers, preparing for staff shortages and screening visitors to protect a particularly vulnerable population from the coronavirus.

The outbreak began in China where the disease has been substantially deadlier for the elderly. In Italy, the epicenter of the virus outbreak in Europe, the more than 100 people who died were either elderly, sick with other complications, or both.

Of the 19 deaths across the U.S. as of Saturday, at least 14 had been linked to a Seattle-area nursing home, along with many other infections among residents, staff and family members. The Seattle Times reported that a second nursing home and a retirement community in the area had each reported one case of the virus.

That has put other facilities in the U.S. on high alert, especially in states with large populations of older residents, such as Florida and California. About 2.5 million people live in long-term care facilities in the United States.

“For people over the age of 80 … the mortality rate could be as high as 15 percent,” said Mark Parkinson, president of the nursing home trade group American Health Care Association.

The federal government is now focusing all nursing home inspections on infection control, singling out facilities in cities with confirmed cases and those previously cited for not following protocol.

Federal rules already require the homes to have an infection prevention specialist on staff, and many have long had measures in place to deal with seasonal flus and other ailments that pose a higher risk to the elderly.

In Florida, where about 160,000 seniors live in nursing homes and assisted-living facilities, mandatory visitor screening is not in place ‘because we’re not at that stage,’ said Kristen Knapp, a spokeswoman for the Florida Health Care Association.

But elder care centers are posting signs urging visitors to stay away if they have symptoms, and are looking into alternate ways for families to connect, such as through video chats, Knapp said.

Concierges in the 14 Florida nursing homes run by the Palm Gardens corporation are now giving all visitors a short questionnaire asking about symptoms, recent travel and contact with others, said company Vice President Luke Neumann.

Neumann said the nursing homes also have purchased extra thermometers in case they need to check visitors’ temperatures and stockpiled preventive supplies, including medical masks, protective eyewear and gowns. In the laundry rooms, they are making sure to use enough bleach and heat to kill any lingering virus germs, he said.

Many facilities across the country have said they were having trouble getting medical masks and gowns because of shortages.

Facilities are stressing basic precautions, including hand washing and coughing etiquette.

Centers throughout the country are also trying to prepare their staff for the worst.

Late Friday night, the DOH announced two Florida seniors who had traveled abroad have become the state’s first residents to die from the coronavirus plus additional presumptive positive cases in Broward and Lee counties.

Both died following international trips.

The World Health Organization has stopped calling the coronavirus (COVID-19) outbreak an epidemic, but the disease is causing serious problems all over the world, including Florida. Treating the illness is at the top of everyone’s priority list, but there are still lingering questions that remain to be answered, including those about negligence and liability. Could a nursing home be held liable for virus-related deaths of its patients? The answer may not be that simple.  

What Is Coronavirus? 

Coronaviruses are part of a larger family of viruses that cause illnesses in humans and animals. In rare cases, coronaviruses that infect animals make the jump to humans. This is believed to have been the case with the specific virus responsible for COVID-19. COVID-19 presents as a respiratory illness, and symptoms include coughing, fever, and shortness of breath. For those whose immune systems are compromised, the virus can cause serious problems and can even be deadly. The symptoms are quite similar to those associated with the common cold or the flu, which means that a person might be infected with COVID-19 and not even realize it. This is why these cases can be such a huge problem in nursing homes. 

Can Nursing Homes Be Liable for Coronavirus Deaths? 

A nursing home can be held liable for injuries and deaths to patients if they failed to provide a standard duty of care. This would mean that they did not offer the level of care mandated by local, state, and federal guidelines. In extraordinary situations, as is the case of coronavirus, nursing home facilities are expected to take extra precautions. If they fail to do so, then they very well could be liable for patient injuries or death.

CDC Guidelines

The Centers for Disease Control and Prevention (CDC) has issued guidelines for preventing the spread of the coronavirus in nursing home facilities. To prevent further patients being introduced to the virus, facilities are expected to post signs instructing visitors to stay out if they have symptoms of a respiratory illness. Facilities are also expected to have sick leave policies that allow staff members to stay home if they have similar symptoms.

Furthermore, proper hygiene, such as hand washing and disinfecting procedures, should be used at all times. Residents who are suspected to be infected should be kept away from other residents, and facemasks should be used if they need to leave their rooms for required procedures. Limitations on visitors and outside interactions should also be implemented if and when an infection is suspected.  

Potential Lawsuits

There are certain scenarios where the family of a coronavirus victim could be eligible for compensation from a nursing home. If the facility’s sick leave policy encouraged an infected employee to come to work despite being sick, and a resident was infected as a result, the facility could certainly be held liable. On a side note, the employee that came to work even though they knew they were positively diagnosed with COVID-19 but came to work anyway could also be liable.

A victim’s family can also file a personal injury or wrongful death claim if the nursing home facility failed to take proper steps to quarantine patients who were known or suspected to be infected. Nursing homes must follow the CDC guidelines.

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