• August 2007

The Legal Examiner Orlando Archives

  • Car and Bus Accident Injures Nine in Orlando

    Ed Normand | August 30, 2007 6:01 PM | 0 Comments
    Category: Automobile Accidents

    A Lynx bus and a van collided on Boggy Creek road today shutting down a portion of the road for hours. The car accident resulted in injuries to eight of the bus occupants. The accident may have been caused by construction debris on the road. The driver of the van had to be airlifted to a local hospital. Many times car crashes are the result of debris left on the road from construction or...

  • Medicare Will Stop Paying for Negligent Care

    Ed Normand | August 30, 2007 6:09 AM | 0 Comments
    Category: Medical Malpractice

    Well the Federal Government finally seems to be starting to do something about the extensive malpractice occurring in our hospitals. Up until now, if malpractice was committed on a patient at a hospital the hospital would actually profit from the malpractice by billing for and getting paid from Medicare for the cost of the care stemming from the malpractice that they caused. Now Medicare...

  • Insurance Company Denial of Homeowner's Claims

    Ed Normand | August 30, 2007 5:52 AM | 0 Comments
    Category: Miscellaneous

    The American Association For Justice has prepared a detailed and disturbing report outlining the shocking behavior of insurance companies toward their own policy holders in connection with valid insurance claims. The report is called Pattern of Greed 2007: How Insurance Companies Put Profits Over Policyholders. It details a pattern of shameful activity from the same big insurance companies...

  • Cancer Check harder to get than Botox

    Ed Normand | August 29, 2007 3:33 PM | 0 Comments
    Category: Medical Malpractice

    According to a recently published online study by the American Academy of Dermatology, patients that want to see a dermatologist for an evaluation of potential cancer in a mole must wait much longer than it takes to get an appointment to the same dermatologist for a cosmetic Botox injection. Given the malignant melanoma is so very deadly it is disappointing to see that patient health care is...

  • Parental Release for Child's Injury May Be Invalid

    Ed Normand | August 28, 2007 2:59 PM | 0 Comments
    Category: Miscellaneous

    Those forms with lots of legalese that a parent must sign if their child wants to do an activity may not be worth the paper they are printed on. The form releases that parents are asked to sign to release others from liability for injuries to their children when engaged in activities are being used more and more in increasingly mundane activities. A recent court decision (which is subject to...

  • Microsoft Says XBox 360 Driving Wheel May Overheat

    Sandy Grinnell | August 24, 2007 4:20 PM | 0 Comments
    Category: Miscellaneous

    Microsoft is working with the Consumer Product Safety Commission on a problem reported with its XBox 360 Wireless Racing Wheel. Although no injuries or damages have been reported, approximately 50 consumers have reported excessive heat and smoke coming from the wheel when the unit is plugged into an electrical outlet. No problems have occurred when operated on batteries alone.Microsoft has a...

  • Tourist To Receive $100k for Being Run Over by Beach Patrol

    Sandy Grinnell | August 23, 2007 11:18 AM | 0 Comments
    Category: Miscellaneous

    According to the Orlando Sentinel, a college student visiting from Georgia was lying on the beach on July 3, 2006. A Volusia County Beach Patrolman,44 year-old Robert Augustynowski, was distracted by swimmers heading toward the ocean's rip current. He did not see the victim lying on her beach towel and ran over her with his Dodge pickup truck. The victim received extensive injuries to her...

  • Florida's Response System to Injury Claims Needs Fixing

    Patricia Doherty | August 22, 2007 7:28 AM | 0 Comments
    Category: Miscellaneous

    It's been eight years since a Florida Judge was the vicitm of medical malpractice wnen he underwent back surgery at Tampa General Hospital (a state university hospital) and the state still has not paid his claim. When the judge awoke from the surgery he discovered he had lost his eyesight. Since the surgery was performed at a state university hospital, the state's sovereign immunity laws...

  • Parasailing Accident Victim Dies

    Sandy Grinnell | August 21, 2007 11:17 AM | 0 Comments
    Category: Miscellaneous

    The Orlando Sentinel reported today that the the 15 year-old girl from the Ocala area who was injured in the parasailing accident over the week-end died early Sunday evening. The young teen, who would have been 16 on Sunday, was removed from life-support and her parents donated her organs to save the lives of others.As more details became available, it was noted that the National Weather...

  • What Causes Automobile Accidents?

    Patricia Doherty | August 21, 2007 7:42 AM | 0 Comments
    Category: Automobile Accidents

    Most motor vehcile collisions can be avoided. To help you avoid an accident it helps to know the causes. The main factors causing most car accidents are Driver behavior, Poor Roadway Maintenance, Road Design and Equipment Failure. More than 95% of car wrecks (motor vehicle accident, MVA, in the USA or Road Traffic Accident, RTA in Europe) result in some part from driver behavior along with one...

  • Two Teens Hospitalized After Parasailing Accident

    Sandy Grinnell | August 20, 2007 11:29 AM | 0 Comments
    Category: Miscellaneous

    Two teenage sisters vacationing from Ocala were severly hurt in a frightening parasailing accident on Pompano Beach. The skies were overcast when they took off for what they surely thought would be an exciting, but safe, parasailing ride. When the wind started gusting, the driver of the boat headed back towards the shoreline. Something went terribly wrong when a gust of wind blew the pair...

  • Fatal Car Crash Takes 3 Teenagers

    Sandy Grinnell | August 15, 2007 8:47 AM | 0 Comments
    Category: Automobile Accidents

    A horrific car crash has taken the lives of three teenage girls ages 15, 17 and 18 years old, all of Orlando. Around 10:50 last night, the vehicle they were riding in crossed John Young Parkway and struck another vehilcle head on. The driver of the second vehicle was a 44 year-old man from Kissimmee. Two of the girls were thrown from the vehicle; the third victim died in the front seat even...

  • Florida No-Fault Likely to Expire

    Bruce Gibson | August 15, 2007 8:40 AM | 0 Comments
    Category: Automobile Accidents

    Florida's No-Fault law will expire October 1st and it appears unlikely that Florida's Legislature will reach an agreement on preventing this. As a result, Florida's Chief Financial Officer, Alex Sink, is urging motorists in Florida to be sure they have enough insurance to protect themselves and their families if they are injured in an automobile collision.Under the present No-Fault law, the...

  • "Runaway" Jury Verdicts Rarely Occur

    Bruce Gibson | August 15, 2007 7:57 AM | 0 Comments
    Category: Medical Malpractice

    In a study published in the May edition of the Michigan Law Review, Professor Philip D. Peters, Jr. states that The efforts of the Bush administration to reform the tort system on medical malpractice and decrying 'runaway' jury verdicts was phony. Studies which were examined showed this claim to be unsupported by actual data. The study also revealed that juries are "more likely to defer to...

  • Multiple Toy Recalls by Mattel for Lead Paint and Loose Magnets

    Sandy Grinnell | August 14, 2007 11:40 AM | 0 Comments
    Category: Defective & Dangerous Products

    One of America's leading toy importers is recalling over 9 million toys due to either lead paint or magnets that may fall off. The recall includes the play sets Doggie Day Care, Barbie and Tanner, Batman and One Piece action figures, "Sarge" die cast toy cars, and Polly Pocket Play Sets.The Consumer Products Safety Commission today released the three new recalls of dangerous magnets in the ...

  • Red Yeast Rice Fans Beware

    Sandy Grinnell | August 12, 2007 1:59 PM | 0 Comments
    Category: FDA & Prescription Drugs

    The FDA has issued a warning to consumers who use red yeast rice in an effort to control their cholesterol. The defective products are sold by two Internet retailers - Swanson Healthcare Products and Sunburst Biorganics and are sold under the following brand names: Red Yeast Rice, Red Yeast Rice/Policosonal Complex and Cholestrix. All three products contain lovastatin, an ingredient found in...

  • China Acts After Lead Paint Recall

    Council Wooten | August 11, 2007 9:52 AM | 0 Comments
    Category: Defective & Dangerous Products

    According to a story attributed to the Associated Press appearing in the Orlando Sentinel on August 10th, the Chinese Governmental Agency responsible for product quality, inspection, and quarantine has issued a temporary ban on exports by the maker of lead tainted children's toys. Toys involved at this time were the plastic Fisher-Price products for very young children, including Big Bird,...

  • More China-Made Toys Recalled

    Council Wooten | August 10, 2007 9:48 AM | 0 Comments
    Category: Defective & Dangerous Products

    More toys made in China and sold for use by toddlers and young children are recalled. According to a report in the Orlando Sentinel on August 9, 2007, a voluntary recall was initiated Wednesday, August 8, 2007 for Chinese-made tops which included a painted wooden knob that contained excessive lead.For the complete story which includes numerous references to help one better understand defective...

  • Criminal Charges Filed in Big Dig Auto Accident

    Sandy Grinnell | August 09, 2007 11:45 AM | 0 Comments
    Category: Automobile Accidents

    The company that supplied the epoxy for anchors in the concrete ceiling panels for Boston's Big Dig tunnel was indicted on one count of involuntary manslaughter yesterday. The Massachusetts Attorney General, Martha Coakley, charged Powers Fasteners in the death of a 38 year-old woman resulting from an auto accident caused by the collapse of suspended ceiling panels back in July 2006. The highway...

  • Orlando Streets Turn Deadly on August 7

    Sandy Grinnell | August 08, 2007 11:40 AM | 0 Comments
    Category: Automobile Accidents

    Yesrterday was a very busy day for Florida Highway Patrol as they handled three deadly car crashes. The first one happened on State Road 520 when a female driver was ejected from her vehicle after a crash. Then later in the morning a bicyclist was struck by a truck on OBT and Orange Camp Road close to Apopka. Not long after that a motorcycle driver was killed when he slid under a tour bus...

  • $1.75 Million Awarded for Auto Accident Due to Cell Phone

    Sandy Grinnell | August 07, 2007 11:30 AM | 1 Comments
    Category: Automobile Accidents

    After almost 2 years, 26 year-old Ms. Tiffany Barrett will finally receive justice for the injuries she received due to a car crash. Just two months before they were set for trial, Ms. Barrett's attorney annouced that a settlement had been reached in the case against Philip DeBeard, who was a salesman for Rick Starr Lincolm Mercury and was on his cell phone at the time of the accident. Ms....

  • Nursing Homes May Be Reimbursed for Employee Screening

    Sandy Grinnell | August 04, 2007 10:51 AM | 1 Comments
    Category: Nursing Home & Elder Abuse

    A bill submitted by U.S. Senator Herb Kohl (D-WI) will allow Medicare and Medicaid to pay long term care facilities for the background check of applicants for hire. It also provides for a centralized database from all states from which the background checks can be made. The Patient Safety and Abuse Prevention Act of 2007, which is supported by the American Health Care Association, would allow...

  • Renewed FDA Warning of Recalled Contact Lens Solution

    Sandy Grinnell | August 03, 2007 4:37 PM | 0 Comments
    Category: Defective & Dangerous Products

    Today the FDA re-issued a recall of Complete MoisturePlus Multpurpose Contact Lens Solution. The original recall was announced in May 2007, but since occurences of the rare eye infection continue to be reported the FDA is concerned that consumers are not aware of the recall and are still using the solution. The FDA requests that contact lens wearers stop using Complete MoisturePlus...

  • I-35 Bridge Collapses in Minneapolis

    Sandy Grinnell | August 02, 2007 12:36 PM | 0 Comments
    Category: Automobile Accidents

    The I-35 bridge crossing the Mississippi River in downtown Minneapolis collapsed around 6:00 p.m. yesterday plunging at least 50 vehicles to the river below. Some vehicles landed in the water; others fell with the roadbed and landed upright on the surface of the sunken bridge or, like the school bus with 60 kids ages 4 - 13, were left stranded on broken sections of the bridge. I-35 is a major...

  • Lead Paint in Chinese Manufactured Toys Leads to Recall

    Council Wooten | August 02, 2007 10:47 AM | 0 Comments
    Category: Defective & Dangerous Products

    A front page story in the Orlando Sentinel on August 2nd attributed to two A.P. writers reports that Fisher-Price has recalled 967,000 toys because their paint contains excessive amounts of lead. The article reports that the problem was discovered by an internal probe at Fisher-Price and was reported to the Consumer Product Safety Commission. The article lists the model and product names of...

  • No Civil Liability on Hospitals to Ensure Financial Compliance of Medical Staff

    Patricia Doherty | August 01, 2007 12:39 PM | 0 Comments
    Category: Medical Malpractice

    Under the Florida Statutes (FS 458.320) in order for a doctor to have hospital medical staff privileges the physician must meet certain financial requirements in order to pay medical malpractice judgments against the doctor for negligent medical care. However, the Florida Surpeme Court held a hospital has no duty to ensure a doctor complies with the statute.As a result of this court ruling, a...

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