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West Palm Beach Personal Injury Law Blog

NHL targeted in player death lawsuit

NHL teams like the Florida Panthers may soon be under increased legal pressure regarding their treatment of players. After the 2011 death of an enforcer, his family is suing the league. His survivors allege that the NHL failed to protect him from the brain damage he incurred during his six seasons of play immediately prior to his death and may have contributed to his demise.

The lawsuit claims that the player, who died of an accidental alcohol and pain medicine overdose, had a history of narcotics addiction that the league already knew about. According to the lawsuit, however, various NHL staff gave him a total of over 1,000 painkiller prescriptions in one single season of play. Post-mortem examinations showed that he had suffered numerous catastrophic injuries to the skull and brain, and the family claims that the NHL should have known he wasn't getting proper medical treatment.

Florida compound pharmacy recalls products after inspection

A Florida compound pharmacy, The Compounding Shop, has agreed to voluntarily recall all of its sterile products after the Food and Drug Administration warned doctors and pharmacists to avoid drugs and supplies produced by the company. The warning was the result of a recent inspection in which FDA officials say they witnessed possible sterility breaches that could lead to a bacterial infection.

Compound pharmacies produce custom mixtures of drugs to meet specific requests from doctors and pharmacists. The FDA has increased inspection of compound pharmacies after a national meningitis outbreak that affected over 700 Americans and claimed 50 lives was linked to a Massachusetts compound pharmacy. The FDA's crackdown has led to several national recalls in the past few weeks.

Tanning beds and cancer

Beach goers in Florida will be interested to know that the Food and Drug Administration is proposing that tanning beds should carry conspicuous warning labels on them that warn children under 18 not to use them. The Food and Drug Administration also wants tanning beds to contain a warning on them that indicates that they are a dangerous product and recommends users to seek regular cancer screenings. Additionally, if the proposed order is passed, publication materials that promote tanning facilities would be required to include similar warnings.

Tanning beds are currently regulated by the Food and Drug Administration as Class I medical devices, which makes them exempt from pre-market review. The proposal would reclassify these medical devices as Class II devices, which are required to be cleared under a process that makes manufactures show that they meet certain performance standards, and also are approved for labeling by the Food and Drug Administration because they represent a moderate risk for users. The proposed order would give salons one year to include the labels to the tanning beds that are installed. The proposal is subject to a public comment period for 90 days and then the Food and Drug Administration will issue a final ruling.

Distracted driving deaths underreported per new study

According to a recent analysis of state and federal figures by the National Safety Council, distracted driving crashes may be seriously underreported by law enforcement agencies. If not investigated properly, Florida distracted driving crashes may be chalked up to driver inexperience, especially when teens are involved. Drivers who cause crashes due to texting or talking on cell phones may be liable in a wrongful death lawsuit, but families may not have the answers they need if the crashes are not documented as distracted driving accidents.

According to a study that reviewed 180 fatal crashes between 2009 and 2011, only half were coded as involving cellphone use by the National Highway Traffic Safety Administration. In 2009, only eight percent of crashes were designated as distracted driving incidents, and in 2010 the number increased to 35 percent. Even when drivers admitted to cell phone use prior to a crash, the cases tended to be written up excluding this information.

Drug manufacturer accused of hiding study results

The first of a possible series of lawsuits regarding the diabetes drug Actos, manufactured by Takeda Pharmaceutical Company, has come to trial in Los Angeles, and experts are watching closely to determine if the results will prove costly for the drug maker. When companies are accused of manufacturing and marketing defective drugs and causing a pharmaceutical injury, and if a single plaintiff wins a case, it is often a sign that many other plaintiffs may soon be filing lawsuits against the company for similar claims.

The current trial concerns allegations that Takeda concealed the results of studies that showed a link between the drug Actos, used to treat diabetes, and the development of bladder cancer. The plaintiff claims that Takeda failed to alert United States regulatory agencies of the findings of its studies in order to protect profits of nearly $2 billion per year. The plaintiff is asking for an award of $5.3 million in damages.

Florida pharmacy recalls sterile products

A Florida pharmacy is recalling all of its sterile compounded products because the company could not be sure the products were sterile. According to the announcement on the website of Balanced Solutions Compounding pharmacy, the potentially defective drugs were distributed nationwide. They include popular injectables like progesterone, a birth control hormone, and betamethasone, an anti-inflammatory steroid.

The Food and Drug Administration recently inspected Balanced Solutions along with three other compounding pharmacies suspected of employing unsafe practices. Compounding pharmacies combine existing drugs to meet specific patient needs. They are typically regulated by state organizations, but the FDA has monitored the pharmacies more closely since a fatal meningitis outbreak that caused severe pharmaceutical injury was linked back to a New England compounding pharmacy.

Unconfirmed $1M settlement in Trayvon Martin case

A high-profile Florida case may have resulted in a seven figure settlement to avert a potential wrongful death court trial. Reports in the Orlando area speculate that the family of 17-year-old Trayvon Martin was paid $1 million by the homeowner's association to drop the case. The settlement seeks to compensate the family for costs associated with the incident along with potential loss of earnings and pain and suffering for the family.

Attorneys associated with the case would not confirm the amount of the agreement or any other details. The settlement reportedly contains a confidentially clause binding both parties to secrecy concerning the details.

Orbeez and Water Balz children's toys may be unsafe for kids

Both the Dunecraft Water Balz and Orbeez, toys marketed to children because of their ability to expand when exposed to water, are under scrutiny due to safety concerns. The Water Balz were recalled in 2012, but the Orbeez products remain on the market in Florida and across the country. The recall of the Water Balz came after an eight-month-old infant swallowed one of the small balls, which may look like candy to young children and have the ability to expand tremendously when wet. A doctor stated that the child's intestine could have been perforated by the product's expansion if steps had not been taken.

Orbeez are notably smaller than the Water Balz, but Consumer Reports states that they may also be dangerous to children. They have the potential to block the airways and cause a child to choke, and they may also enter the digestive tract and cause health issues. Orbeez has a choking hazard label to address product liability, but it does not mention digestive issues in its warning. Other similar absorbent balls have been associated with injuries in other parts of the world, and they have been outlawed in Malaysia and Italy.

Jury selection begins for Michael Jackson wrongful death case

Florida residents who follow celebrity news may have heard that Michael Jackson's mother, Katherine Jackson, is suing AEG Live, the concert promotion company of the late singer's comeback tour, for wrongful death. Katherine's wrongful death lawsuit alleges that AEG Live was negligent when they enlisted Dr. Conrad Murray to provide medical care for her son while he rehearsed for his comeback tour. Jackson's mother is reportedly seeking more than $40 billion for loss of earnings as well as other damages.

Dr. Murray, who allegedly gave Michael the massive doses of propofol that contributed to his death, was convicted of involuntary manslaughter in 2011. Dr. Murray is not being sued, but AEG Live asserts that it could not have foreseen the danger that Murray posed to Michael and that the singer had prescription drug and addiction problems for years before entering into any concert promotion agreements with AEG Live officials. 

Ford faces possible class-action lawsuit over design defect

Charges of defects that cause uncontrolled acceleration are nothing new for automakers, but the latest lawsuit could give Florida owners of Ford models dating from 2002 to 2010 reason to worry. Claims filed by 20 individuals in 14 jurisdictions are now being considered for incorporation as a class-action lawsuit. Allegations against Ford include ignoring consumer complaints reported by the U.S. Department of Transportation, concealing design defects and failure to install a brake override system like the ones other automakers have used following similar charges.

Ford responded by citing a National Highway Traffic Safety Administration finding that "driver error is the predominant cause" of many cases of unintended acceleration. Ford went further by stating that design defect has only been the cause of the problem in "rare situations." Studies by NASA and the National Academy of Sciences are read by some as backing up Ford's contention, but at least one includes the caveat about the impossibility of repeating digital defects. 

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West Palm Beach, FL 33409
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