NTSB Issues Recommendations to Decrease Drunk Driving Accidents

The latest report issued by the National Traffic Safety Board states that approximately 10,000 Americans die each year in alcohol-related motor vehicle crashes. In addition, about 173,000 more are injured and about 27,000 of those injuries are disabling. As Florida personal injury lawyers, we represent those injured and killed as a result of drunk drivers. In a recent report, the NTSB provided recommendations to decrease drink driving accidents.

In its report, Reaching Zero: Actions to Eliminate Alcohol-Impaired Driving, the NTSB presents strong ideas for reducing drunk driving fatalities to zero. Recommendations in the report include the following:

Reduce the legal blood alcohol concentration (BAC) level. Currently, the legal BAC across the United States is .08 percent, one of the highest legal BAC levels in the world. Given the evidence that alcohol impairment can begin at .01 percent, the NTSB recommends all 50 states lower their BAC to .05.

Increase high-visibility enforcement (HVE) measures. Including increased sobriety checkpoints, compulsory breath testing and in-vehicle sensing devices, the NTSB is looking for stronger measures to deter drunk drivers.

Installation of interlock devices. As a deterrent and a safeguard, the NTSB suggests ignition prohibition devices in cars of all drivers convicted of driving while intoxicated.

Stronger measures for repeat offenders. The NTSB recommends stringent methods to monitor and deter multiple-offense drivers, including increasing the look-back period for prior offenses, implementing zero BAC level with conviction and implementing additional punishments for a repeat offense.

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Texting While Driving Illegal Now

In an effort to curb the dangerous but common activity of texting behind the wheel, Governor Rick Scott has signed SB 52 into law. Most states already have laws against texting while driving.

The Federal Motor Carrier Safety Administration (FMCSA) estimates that drivers take their eyes off the road for about five seconds while texting. In those precious seconds, a car traveling at 55 mph can cross the equivalent of a football field while the driver is not looking. There were 256,443 reported crashes in Florida in 2012. According to the Florida Department of Highway Safety and Motor Vehicles, a driver had been texting or otherwise using an electronic communication device in 4,841 of those crashes.

Some important features of the new texting law:

For a first offense, the fine is $30

For a second offense, the fine is $60

The prohibition does not apply if you are at a red light or stopped in traffic.

It is a secondary offense, which means officers cannot pull you over for texting and driving alone. Officers need to suspect a primary offense in order to justify making a traffic stop.

Texting-while-driving ban also includes sending email or instant messages.

New law contains provision allowing police to use driver’s cell phone records against them when texting and driving causes injury or death

SB 52 becomes effective on October 1, 2013.

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Death Toll Rising in Keyless Ignition Tragedies as Regulators Idle

Palm Beach County is leading the nation for deaths linked to keyless vehicle ignition systems according to a recent article in the Palm Beach Post. To date, five fatalities have been documented in Palm Beach County out of the 14 reported nationwide. The tragedy occurs when drivers accidently leave their vehicles running, operating under a common misconception that the engines will shut off when the key fob is removed from the vehicle. However, engines continue to run, emitting toxic gases into the homes, and silently poisoning owners with colorless, odorless carbon monoxide.

As with many tragedies linked to defective products, this series of deaths could have been prevented if manufacturers and safety agencies (recognizing that keyless ignition systems were becoming the standard in new vehicles), had tackled the issue head on. In December 2011, the National Highway Traffic Safety Administration (NHTSA) issued a proposal that manufacturers implement an alert in vehicles equipped with keyless ignitions to warn drivers that the car is still running. The rule would have been consistent with existing regulations that requires cars with a traditional key to shut down if it is removed from the ignition. No such rule protects drivers of keyless ignition cars, which can continue running even after a driver walks away, taking the electronic key fob needed to start the engine.

In March 2012, Insurance Institute for Highway Safety (IIHS) issued a report reinforcing the safety concerns and urging the National Highway Traffic Safety Administration (NHTSA) to take action. The report stated, “Audible alerts are a useful method for alerting drivers to unsafe conditions and should help alleviate rollaway, theft, and carbon monoxide risks. We support the proposed countermeasures and encourage the agency to strengthen them.”

However, despite the concerns raised years ago and proposed rule, the death toll continues to rise and there is still no solution in place. Unfortunately, this tragic pattern is a familiar occurrence in product liability litigation. Often times, regulators and manufacturers get mired in bureaucracy or hesitate to implement change in order to avoid additional costs. While they idle by, innocent consumers become the victims of their negligence.

If you need a Florida product liability injury attorney to represent you, a family member, or a friend who has been a victim of negligence contact immediately Domnick Cunningham & Yaffa for information.

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South Florida Nursing Homes Receive Poor Government Ratings

The U.S. Department of Health and Human Services maintains a database that grades approximately 15,000 Medicare and Medicaid-certified nursing home homes nationwide. A recent article in the Miami Herald reviewed the data and returned a troubling list of homes in South Florida that only received 1 star from the 5-star quality ratings.

The 5-star quality rating is based on health inspections, staffing and quality measures assessed by trained inspectors who visit the nursing homes to check on quality of care and speak with residents. 10 homes in South Florida received a “much below average” 1 star rating. Some of the deficiencies that led to these low ratings in 2015 included:

Failure to maintain a sanitary environment or use proper hygiene controls.

Patient Mistreatment

Failure to develop a pain relief care plan for patients

Failing to implement abuse prevention measures

Failing to prevent infections from spreading

Giving wrong medications to patients

Letting patients’ sores fester

Improper disposal of garbage, including soiled adult diapers

Failing to take preventative measures against falls

Risking injury to patients by not securing bed rails properly

Not regulating hot water temperatures in bathrooms

Bug infestations

Failure to provide biohazards waste container in a room of a resident with the highly contagious MRSA infection

Not providing an environment where a resident can have dignity and self-respect

Nursing home residents are extremely vulnerable and at the mercy of their caretakers. Failings such as the ones detailed above, constitute abuse and neglect, and can often result in catastrophic injuries. Family members place a significant amount of trust in these nursing homes and are usually unaware of the conditions their loved ones are subjected to. Unfortunately, in many cases of nursing home abuse, the severity of neglect is not apparent until it is too late. If you have questions about nursing home abuse or neglect, or if you have a family member who has been a victim of negligence, please contact immediately Domnick Cunningham & Yaffa for information. To arrange a consultation, please call us at 1-800-681-8882, or visit our website today at www.dcwlaw.com.

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Assisted Living Facility Abuse Allegations Halt New Admissions

The Agency for Health Care Administration (AHCA) issued a moratorium on new admissions at Coolidge Palms Assisted Living Resort on February 5, 2016, after a resident was assaulted by a staff member.

The victim, Tresilda Schimmel, was violently attacked by a member of the facility staff on January 26, 2016. During the attack, the staff member poured a pitcher of water over Ms. Schimmel and then struck her over the head two times with it. Her injuries were so severe, she had to be taken to the hospital via ambulance, where she received staples to her head.

Attorney Nicole Kruegel at Domnick Cunningham & Yaffa is moving forward with litigation against the assisted living facility, alleging the administration actively attempted to conceal the details of the attack, including lying to Ms. Schimmel’s family regarding how she was injured, instructing facility staff to falsify reports, and failing to immediately suspend or fire the staff member who hit Ms. Schimmel.

Abuse and neglect of elderly citizens is a sad reality in South Florida where there is a growing community of seniors living in nursing homes and assisted living facilities. Actions taken by AHCA after this incident are indicative of the severity of the matter. AHCA stated: “no reasonable person could conclude that dousing a resident with ice water followed by striking the resident with a water pitcher are acts which are intended to ensure the safety of the residents or others from a resident’s behavior….Retaliatory physical assault, whether with criminal mens rea or thoughtless negligence, may not be tolerated.”

Domnick Cunningham & Yaffa is dedicated to protecting the rights of nursing home and assisted living facility residents throughout Florida and nationwide.

If you have questions about nursing home abuse or neglect, or if you have a family member who has been a victim of negligence, please contact Nicole Kruegel at Domnick Cunningham & Yaffa for information. To arrange a consultation, please call us at 1-800-681-8882, or visit our website today at www.dcwlaw.com.

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Human Rights Watch Finds Nursing Homes Misuse Antipsychotics with Dementia Patients

A new 157-page report by Human Rights Watch (HRW), “‘They Want Docile’: How Nursing Homes in the United States Overmedicate People with Dementia,” details how nursing homes force hundreds of thousands of people to take antipsychotic drugs to control their dementia symptoms.

Researchers visited over 100 facilities and interviewed over 300 residents, family members, health professionals, pharmacists, and elderly care experts.

Facilities view these medications as a cheap restraint to stop residents’ behaviors and help staff manage their workload.

Some family members were not informed of the effects of antipsychotics while others agreed to allow their loved ones take antipsychotics as they felt their family members may face eviction if they refused.

The Food and Drug Administration (FDA) has never declared that antipsychotic drugs are effective or proper for treating dementia’s symptoms. On the contrary, the FDA warns that antipsychotics are very dangerous for dementia patients and can result in severe side effects such as spasmodic movements, blood clots, muscular rigidity, blood pressure below normal, and elevated blood sugar.

The report describes many options for nursing homes to cope with the symptoms of dementia without pharmaceuticals. Options include engaging residents in activities, curbing loneliness, establishing routines, fostering relationships with staff, providing exercise, and offering music and animal therapy.

When residents were weaned off the antipsychotic drugs, the nursing homes noticed marked improvement in patients’ memory and physical and mental wellbeing.

Today, in the US, there are approximately 50 million adults over 65, which will likely increase to 100 million by 2060. Currently, there are five million people in the US with Alzheimer’s or other types of dementia, which researchers believe may increase to 16 million by 2050.

The HRW report claims that responsibility lays with the government, as the 1987 Nursing Home Reform Act requires them to protect residents and make sure they receive quality care. However, the administration has known about the overuse of antipsychotic medications for years but has not put in much effort to curb the process.

The report urges the government to help end the inappropriate administration of antipsychotics by enforcing regulations and penalties, improving inspections, requiring informed consent, and ensuring adequate staffing and training in care facilities. The report notes that without significant penalties, nursing homes will likely continue to ignore residents’ rights.

Domnick Cunningham & Yaffa has witnessed the erosion of nursing home resident’s rights in Florida over the last 15 years and has fought aggressively to protect our senior citizens and hold parties who harm them accountable for their bad acts. Nursing home residents are entitled to be treated courteously, fairly and with the fullest measure of dignity and they have the right to adequate and appropriate health care that prioritizes their needs and interests. This report illuminates yet another failure by nursing homes to protect the best interests of their residents and reinforces why we must be vigilant in ensuring their rights are protected.

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Valsartan Blood Pressure Medication Recall Sparks Fears of Drug Safety

For years people have been concerned about the safety of drugs that are imported to the United States from other countries. With drugs being manufactured so far away, it can be difficult to know that the same regulations manufacturers must adhere to in the U.S. are being followed in other countries. Now, many patients are realizing those fears after the Food and Drug Administration announced a voluntary recall of a drug made in China.

The drug is known as Valsartan and is largely used to help patients suffering from hypertension, or high blood pressure. Recently the FDA discovered that the drug may be contaminated by N-nitrosodimethylamine (NDMA), a substance that may be a human carcinogen. The contamination came after Zhejiang Huahai Pharmaceutical Co., the company that manufacturers the drug, changed the way the drug was made.

While only Zhejiang Huahai Pharmaceutical Co. Ltd., made the drug in China, it is being sold by three different companies in the United States. These companies include Major Pharmaceuticals, Teva Pharmaceutical Industries, Ltd., and Solco Healthcare.

Those names are important, as patients now need to look at their prescription packaging to identify the manufacturer of their drug. If one of those names does appear on the packaging, patients should to speak to their doctor about a replacement drug. There are many other companies that distribute the drug and have not been affected by the recall. If patients cannot find the information, they are advised to take the prescription to the pharmacy that sold them the drug to get the answers they need.

Until patients can get a replacement prescription, they are advised to continue taking the drug. High blood pressure can increase a person’s risk of heart failure, making abstaining from the drug much riskier than taking it at this time.

The FDA has stated that they will continue to investigate the matter, investigating further as to just how much NDMA was in the recalled products and the risk exposure for patients. The FDA has also stated they will try to establish measures that could ensure future batches of the drug are safe for patients to use.

All patients have the right to be kept safe when using products, including medication. The fact that they can be denied this right by manufacturer oversight is the reason so many are hesitant about allowing imported medication into the United States, where it could adversely affect many patients.

With a manufacturer so far away, it not only makes it more difficult to monitor their manufacturing process but holding them responsible can also be more of a challenge. While these arguments have been touted for years by those skeptical of imported drugs, this newest case brings those arguments back to light. And it has critics and patients both worrying once again about the safety of imported drugs.

If you have questions about Valsartan or have suffered a serious side effect after taking Valsartan, legal assistance may be available to you. Please contact a product defect attorney at Domnick Cunningham & Yaffa today for a free consultation.

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First Steps to Take After a Truck Accident in West Palm Beach

A truck accident is always a stressful and frightening situation. You may be struggling to come to terms with what just happened. In many cases, you may even be fortunate if you do not need immediate medical attention and are able to walk away from the scene.

If you are able to do so, there are a few first steps to take after a truck accident in West Palm Beach that may be key to increasing your chances of filing a successful claim. These steps could serve to ensure that you get all the medical care you require, that the accident is properly reported, and that all evidence at the scene is preserved.

Immediately Call the Police

Even though all drivers are required to call the police after a truck accident, you should not depend on the trucker to do so. Take an important first step and make the call yourself to ensure the appropriate police department with jurisdiction over the accident quickly responds to the scene. The operator could also dispatch an ambulance if anyone is hurt.

Not only is calling the police recommended for a personal injury claim, it is actually required by law. Florida Statute §316.027(2a) states that it is a crime for any person involved in a car accident that results in personal injury to not stop at the scene and contact the police.

In addition to facilitating medical care after a truck accident, the police would produce a report outlining the facts of the accident. This is an unbiased report that carries great weight with both insurance companies and courts. In many cases, the police may even assign blame for the accident on the trucker within this report, which could make for a very strong case on an injured plaintiff’s part.

Take Pictures and Video at the Scene

One of the great benefits of modern society is that nearly everyone has a camera and video recorder in their pocket at all times. Smartphones allow anyone involved in a truck accident to take pictures of the vehicles in the crash, the presence of any traffic control signals, and the weather conditions at the time of the accident. In a civil suit, these images and videos could serve as powerful contemporaneous evidence of what happened to cause the accident.

This sort of evidence preservation is especially important in truck accident cases. Many trucks are operated by large, national corporations who may attempt to muscle plaintiffs out of their cases, so people often need to give themselves every advantage. Even the most helpful claims investigator would not be at the scene immediately after it happens, so in some cases the only source of this information is the plaintiff themselves.

Make Smart Moves after a West Palm Beach Truck Accident by Taking These Steps First

The moments following a truck accident in West Palm Beach are critical. Not only can they affect your health and prospects for recovery, but they may also determine the outcome of any personal injury claim.

The first thing you should do is to call the police, in order to both satisfy the legal requirement to call for help and ensure the police create a neutral report concerning the incident. Do not count on the trucker to do the right thing—take this step on your own to ensure that it is done.

Next, use your smartphone or any other camera on hand to take pictures and videos of the scene. Make sure that this includes the vehicles’ resting positions, any damage to them, and any stop signs or traffic lights. There will likely never be another opportunity to gather this evidence in such a straightforward and undeniable form. It is also vital that you get in touch with a determined truck accident attorney that could help you receive damages for your injuries.

By following these few first steps after a West Palm Beach truck accident, you could increase your chances for a successful claim.

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Birth Injuries and Medical Malpractice in Florida: Protecting Your Child’s Future

The birth of a child is a momentous occasion filled with hope and joy. However, when complications arise during childbirth and result in birth injuries, the experience can quickly become devastating for both parents and the child. Birth injuries can have lifelong consequences, affecting the child’s health, development, and overall quality of life. In Florida, it is crucial for families to understand their rights, seek justice, and protect their child’s future. This article aims to provide information on birth injuries, medical malpractice, and the steps parents can take with the assistance of an experienced attorney.

Understanding Birth Injuries:

Birth injuries are unfortunate events that can occur during labor and delivery. These injuries can range from mild to severe, and their effects may be temporary or permanent, impacting the child’s physical, cognitive, and emotional well-being. Birth injuries can result from various factors, including medical negligence. Some common types of birth injuries include:

Cerebral Palsy: A group of disorders affecting movement, posture, and muscle coordination, often caused by oxygen deprivation during birth.
Erb’s Palsy: Nerve damage in the baby’s shoulder or upper arm that leads to weakness or paralysis in the arm, commonly resulting from excessive force during delivery.
Brachial Plexus Injuries: Damage to the network of nerves controlling movement and sensation in the arm and hand.
Facial Paralysis: Temporary or permanent loss of muscle control in the baby’s face due to nerve damage during birth.
Fractures and Bone Injuries: Broken bones, particularly collarbones, may occur during a difficult delivery.
Shoulder Dystocia: When the baby’s shoulder becomes stuck during delivery, often resulting in nerve damage and other injuries.
Hypoxia: Oxygen deprivation during birth, which can lead to brain damage and cognitive impairments.

Medical Malpractice and Birth Injuries:

Medical malpractice refers to the negligence or failure of healthcare professionals to provide the standard of care expected in their field. When medical malpractice leads to a birth injury, it is crucial to hold the responsible parties accountable. Healthcare providers, including doctors, nurses, anesthesiologists, and hospital staff, have a duty to provide competent care during pregnancy, labor, and delivery. If they fail to meet this duty and their negligence causes harm to the baby, legal action can be taken.

Examples of medical malpractice in the context of birth injuries include:

Failure to anticipate or respond to complications during pregnancy or delivery.
Misuse of medical instruments, such as forceps or vacuum extractors.
Failure to monitor and respond to fetal distress.
Administering incorrect or improper medications.
Inadequate communication or coordination between healthcare providers.

Proving Medical Malpractice:

To successfully pursue a medical malpractice claim for birth injuries, several key elements must be established:

Duty of Care: It must be demonstrated that a doctor-patient relationship existed and that the healthcare provider owed a duty of care to the mother and baby during pregnancy, labor, and delivery.
Breach of Duty: It must be proven that the healthcare provider breached their duty of care by acting negligently or failing to provide the standard of care expected in similar circumstances.
Causation: It must be established that the healthcare provider’s breach of duty directly caused or significantly contributed to the birth injury.
Damages: The birth injury must have resulted in actual damages, such as medical expenses, future care needs, pain and suffering, and diminished quality of life.

Pursuing a Medical Malpractice Claim:

A successful birth injury lawsuit can provide the financial resources necessary to support the child’s ongoing medical needs, therapy, rehabilitation, assistive devices, and educational requirements. Additionally, it can account for the emotional and psychological impact on the child and the family. By pursuing a claim, families can ensure that their child receives the best possible care, therapy, and support for their long-term well-being.

Contact Domnick Cunningham & Yaffa Today For a Free Consultation About Your Medical Malpractice Case

When it comes to protecting your child’s future after a birth injury, you need a compassionate and experienced legal team by your side. At Domnick Cunningham & Yaffa, we understand the emotional and financial challenges that families face in these difficult times. Our dedicated attorneys specialize in birth injury cases and have a proven track record of securing justice and compensation for our clients.

With our deep understanding of birth injuries and medical malpractice laws in Florida, we will fight tirelessly to hold negligent healthcare providers accountable for their actions. Our goal is to ensure that your child receives the necessary medical care, support, and resources they need to thrive despite the challenges they face.

By choosing Domnick Cunningham & Yaffa, you are choosing a team that is committed to your family’s well-being. We will meticulously investigate your case, gather expert opinions, and build a strong legal strategy tailored to your unique circumstances. Our compassionate approach means that we will be with you every step of the way, providing guidance, support, and personalized attention.

Don’t let medical negligence rob your child of their future. Contact us today to schedule a consultation. Together, we will fight for justice and protect your child’s rights, ensuring they have the best possible chance at a bright and fulfilling life.

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