Friday, July 29, 2016

Talc Lawsuits In Madison County Illinois Total Over 200


Since a link was discovered between talcum powder and ovarian cancer, over 200 women have filed lawsuits against Johnson and Johnson in the Madison County, Ill. courts where the last two cases were tried.
Two separate juries awarded damages in two cases. One plaintiff, a cancer survivor, was awarded $55 million and the family of another, who died just prior to trial, was awarded $72 million in damages.
Christine Harders was diagnosed with ovarian cancer after using talc products for thirty years. She is filing a lawsuit alleging that the product was “unreasonably dangerous and defective.” It continues by claiming that Johnson & Johnson, Johnson & Johnson Consumer Products, Imerys Talc America Inc. and Luzenac America continued selling talc products despite studies that showed a cancer risk connected with the products. Johnson and Johnson allegedly failed to warn women of the cancer risks and propagated false misleading and biased information. This is despite the fact that they could have offered a safer cornstarch based alternative.
In addition, the suit claims that an association was formed that sought to “prevent regulation of talc and to create confusion to the consuming public about the true hazards of talc relative to ovarian cancer” after research, beginning in 1971, found an association between talc and ovarian cancer.  
The 1971 study, along with another conducted in 1982, confirmed an increased risk of ovarian cancer from genital talc use. It was also indicated that the lead researcher, Dr. Cramer, allegedly suggested that a warning label be place on the products, to a doctor for Johnson and Johnson. Johnson & Johnson has been manufacturing talc products under the Johnson
The 1971 study uncovered the fact that malignant tumors removed from the ovaries of women had small amounts of talc imbedded within. This discovery supported earlier suspicions that a connection existed between the talc products and ovarian cancer. One of the products, Shower to Shower, is still being marketed to this day by Johnson & Johnson directly to women for personal hygiene for the reduction of vaginal and perineal odor. There have been 21 other studies, most of which show that a woman using Shower to Shower, or similar talc based products, increases the risk of developing ovarian cancer by 33 percent over non-users. One study performed on women in 1982, who used the product while ovulating, increased the risk of cancer development by as much as 92 percent. Talc Products have been used to keep skin dry and odor free since Johnsons Baby Powder was first sold in 1883.
Aside from the individual lawsuits filed against Johnson & Johnson, a class action suit has also been filed. The lawsuit claims that Johnson & Johnson failed to adequately warn against the risk of ovarian cancer. In the class action case the compensation is limited to a refund for any money spent on the talc products even if the users did develop ovarian cancer. Joining the class action will not provide any additional compensation and prevents any further litigation against Johnson & Johnson.
What Should You Do If You Suffered from Ovarian Cancer After Using Talc Products
If you developed ovarian cancer or lost a loved one after the use of talc products such as Johnsons Baby Powder or Shower to Shower in the genital area, you should seek the help of a qualified product liability attorney immediately. Statutes of limitation apply in these cases so it is imperative to act quickly or your opportunity to file a case may be lost.
Dolman Law Group is currently seeking women who have suffered from ovarian cancer due to the genital use of talc based products. If you are one of those women please contact a product liability lawyer at 727-451-6900 for a free, confidential consultation. You may be entitled to a significant settlement.
Dolman Law Group
800 North Belcher Road
Clearwater, FL 33765
727-451-6900

https://www.dolmanlaw.com/legal-services/product-liability-attorneys/

Tuesday, July 26, 2016

High School Football Stars Are Dying


Although high school is a time for studying, it is also a time for gaining experience interacting with others and learning life lessons. Outside of the classroom, students are able to gain life skills by connecting with their peers through a variety of extra-curricular activities. Of these out of classroom activities, most of the time the school has some sort of sports related teams. Whether it is tennis, soccer, track, or football, there is always a chance a student may accidentally get hurt due to their own, or someone else’s negligence. In specific, high school football is infamous for being one of the most dangerous high school sports a student can play. The National Federation of High School Associations reports that in the 2014-2015 school year approximately 1,085,182 students played 11-player high school football. [1] How many of those students are being hurt while playing the game they love?

High School Deaths Due To Football

Football, being the rough sport it is, often serves as a way for students on their high school teams to get injured. Examples of high school football players becoming injured and even killed can be found everywhere. Just this past October, a student died in Wallace County, Kansas while playing football due to another player tackling him so hard that the student had a traumatic brain injury. [2] Within two months of this accident, three other students were reported to have died “due to either heat stroke or cardiac events”. [2] In total, there were eight high school football deaths in the fall of 2014. [2] Out of these eight deaths, “only one of them is clearly indirectly football-related”. [2] The other death was not directly related to football. The deaths that were directly resulting from a football hit were caused by an aneurysm, brain and head injuries and a broken neck. [2]

Indirect Deaths

Why are indirect deaths still occurring? For a football player’s death to be considered one that resulted from an indirect cause, it means that the death could not have been the result of a direct physical blow to the team member. [2] As a result, indirect deaths that occur in students are often avoidable. Under the proper supervision of an adult or coach, the team member that might have been hurt could be monitored by another person. Through the supervision and monitoring of the athletes that are on the field, football players could more easily avoid overheating and other types of indirect deaths. [2] Overall, the indirect death of team member could very well be the negligence of another coach or person responsible for the teams well being. If you or a friend or family member find yourself in the situation where you believe that another person’s negligence has negatively affected them, it is critical that they contact an experienced brain injury attorney. Once with a proper personal injury attorney, you will be able to discuss the rights and/or compensation you may be entitled to as a result of someone else’s negligence impacting your life.

USA Football Heads Up Football Initiative

The National Football League (NFL) has come to recognize the problems associated with the dangers of high school football. As an effort to encourage the enforcement of the safety while playing high school football, the NFL created the USA Football Heads Up Football organization. [3] USA Football Heads Up Football is a “nationally accredited online coaching education program” that has trained more than 80,000 volunteer youth coaches since 2007”.[3] With its rich curriculum, it is able to teach young football players the fundamentals of football player safety content. [3] This curriculum includes but is not limited to programs “including concussion awareness and management protocols, player hydration and proper equipment fitting”. [3] In addition, USA Football Heads Up Football has also teamed up with the Centers for Disease Control and Prevention (CDC) “to promote safer play”. [3] Overall, USA Football Heads Up Football has positively affected the youth in the football community and assists in securing the future of the safety of the next generation of all sports.

Dolman Law Group

Your student should be able to play sports without suffering preventable injuries that are not a direct result of playing sports. If you or friend or family member know of or a student who’s suffered from an accidental high school sport related injury or death, you may have questions about your options. Any student injured while playing sports should be able to recover damages for those injuries caused by another’s negligence. Here at the Dolman Law Group in Clearwater, Florida, we will work tirelessly to analyze your student’s case and identify the theories of liability under which your student can successfully recover damages. Our team will fight for your student’s rights and bring forth those claims to ensure your student receives nothing less than the compensation he or she deserves. Call us today at 727-451-6900 and schedule a free consultation with one of our team’s skilled attorneys.

Dolman Law Group
800 North Belcher Road
Clearwater, FL 33765
(727) 451-6900


References:

Friday, July 22, 2016

My Child Was Injured On The Bus; Do They Get Any PIP?


The answer lies in what type of bus your child was riding in. A city bus (HART etc.), a school bus (Cheese wagon) or a private bus (Greyhound etc.) But first we must answer the question: What is "Personal Injury Protection" (PIP) insurance?
 
The Florida Department of Highway Safety and Motor vehicles defines it as: 

“Also called Florida No Fault Insurance, Personal Injury Protection (PIP) Insurance covers you - regardless of fault (i.e. whether or not you cause the crash) - up to the limits of your policy. Your PIP will also cover your child, members of your household, certain passengers who lack PIP Insurance as long as they do not own a vehicle. People riding in your vehicle who carry PIP will receive coverage under their own PIP for their injuries, and certain licensed drivers who drive your vehicle with your permission. PIP also covers your child if he or she suffers an injury while riding on a school bus. PIP coverage protects you while in someone else's vehicle, as a pedestrian, or bicyclist if you suffer an injury in a crash involving a motor vehicle. The Florida Motor Vehicle No-Fault Law, requires all owner/registrants of a motor vehicle with four wheels or more to carry a minimum of $10,000 of Personal Injury Protection (PIP) and $10,000 of property damage liability (PDL) if you own a motor vehicle in Florida. Florida law requires you to maintain PIP/PDL insurance continuously throughout the licensing and registration period.”

Personal Injury Protection (PIP) is controlled by Florida Statute 627.736. (The Florida No Fault Law).

SCENARIO #1--CITY BUS:

The simple answer is no. A government bus is not considered a “motor vehicle” under Florida’s motor vehicle no-fault law. Specifically, “the term ‘motor vehicle’ does not include… any motor vehicle which is used in mass transit…and designed to transport more than five passengers exclusive of the operator of the motor vehicle and which is owned by a municipality, a transit authority, or a political subdivision of the state.”  Florida Statute 627.732(3).

Most people have no idea that, in Florida, buses, taxis, and other similar vehicles that carry people for a fee are classified as “common carriers”. Under Florida law, common carriers do not qualify as “motor vehicles” for automobile insurance purposes. The result being PIP benefits are not available for accidents related to those kinds of vehicles. 

Meaning, if your child was injured in a city bus or taxi accident, your child will need to rely upon health insurance, or will need to be prepared to pay cash for their medical expenses.

A silver lining however, is common carriers owe their passengers the highest degree of care for their safety.  Meaning bus and cab drivers owe a higher degree of care than simple “reasonable” care.  Stated more simply, things that might get a friend to being considered negligent if you were injured in their vehicle, might still expose a bus or cab driver, and by association, his or her employer, to liability for any damages caused to an injured passenger.

SCENARIO #2--PRIVATE BUS COMPANY:

The simple answer is yes.
For purposes of Florida PIP, “motor vehicle” includes:
  • Cars, SUVs and Jeeps
  • Campers and Motor Homes
  • Truck-Tractors
  • Private Buses and Private school buses
  • Taxicabs, Limousines
  • Emergency Vehicles (fire, police, ambulance)
  • Trailers (except mobile homes)
  • Semi-Trailers
  • Public School Buses
However, remember that PIP coverage follows the person and not the vehicle. Meaning if you as the parent, who lives with the child has PIP coverage, you would have the doctor’s bill under your personal injury protection (PIP) coverage. This is because your own insurance covers all resident relatives who do not own a vehicle in which PIP was required. Therefore, your minor child would be covered under your own coverage.
However, what if you don’t have any car insurance yourself? Is your child out of luck? No, as long as you and/or no other person who is a relative to the child in the household does not own a vehicle that requires PIP coverage. If, for instance the child’s grandmother lives in the home and also has car insurance, your child’s coverage would come from grandma’s PIP insurance. When no person in the household owns a car in which PIP is required (scooters and motorcycles do not require PIP) then the child would claim the PIP insurance of the private bus.
SCENARIO #3—PUBLIC SCHOOL BUS:

Just as stated above, the answer is yes. Remember for purposes of Florida PIP, “motor vehicle” includes:
  • Cars, SUVs and Jeeps
  • Campers and Motor Homes
  • Truck-Tractors
  • Private Buses and Private school buses
  • Taxicabs, Limousines
  • Emergency Vehicles (fire, police, ambulance)
  • Trailers (except mobile homes)
  • Semi-Trailers
  • Public School Buses
Therefore the same with a private bus, if you have PIP insurance on your vehicle, your child gets your PIP coverage. If you and every relative who resides with you doesn’t own a vehicle that requires PIP, then your child would get the coverage under the county bus.

Call a St. Petersburg Vehicle Crash Attorney
If you or your child were involved in an auto collision while riding a bus, it is necessary to speak to a St. Petersburg auto accident attorney as soon as possible regardless of the extent of your injuries.  The attorneys at the Dolman Law Group are experienced St. Petersburg bus collision lawyers who are prepared to review your case today and to assist you with that process to make certain that you receive all of the compensation to which you are entitled.  Please call our office at (727) 222-6922.
Dolman Law Group
1663 1St Ave S.
St. Petersburg, FL 33712
(727) 222-6922

Thursday, July 21, 2016

Court Finds Florida Workers Compensation Lawyer Payment Structure Unconstitutional


In the past, anyone who had a Florida Workers Compensation case would likely find it very challenging to obtain legal representation unless they had the means to pay attorney’s fees. If a person is injured, and can’t work, their ability to pay would likely be diminished.  Recently, however, the Florida Supreme Court ruled that a person involved in a worker’s compensation claim will no longer be responsible for paying legal fees.
Florida Labor Law specifies that a worker’s compensation lawyer is only awarded a percentage of any compensation claim. As an example an attorney who represented a man who was injured on the job, was awarded a pittance of just over $164.00 for over 100 hours of work. It is simple math to determine that is $1.64 per hour, or approximately one fifth of Florida’s current minimum wage. The Supreme Court ruled that this fee structure was unconstitutional, as it hindered an injured worker’s ability to get legal representation.
A City of Englewood police officer, Martha Miles, was injured on the job by accidentally inhaling methamphetamine fumes. The exposure to the fumes rendered her unable to work because of the aggravation of her asthma. She filed a worker’s compensation claim but was unable to find an attorney to represent her for the fees allowed under the worker’s compensation statute. Miles was forced to represent herself at trial.
At the trial Miles presented several affidavits from attorneys who indicated that they would not represent her in a worker’s compensation case under the constraints of the fee structure. She was also unable to prove her case before the Court of Compensation Claims according to her attorney Michael Weiner.
Miles challenged the constitutionality of sections 440.105 and 440.34 of Florida Statutes which limit attorney fees. In the case filed in the First District Court of Appeal of Florida, case number 1D15-165, she argued that the provisions of the statute infringe on her First Amendment rights protected under the United States Constitution.
It was determined that the law violated workers guarantee of freedom of speech and associations by the Appeals Court. In addition, it blocks workers from retaining legal counsel.
This decision was not favored by the insurance industry as it was speculated that it could lead to higher claims costs, a rate increase and additional litigation. To injured workers, however, it offers the peace of mind knowing that their worker’s compensation claims will not be denied due to the fact that they were unable to afford an experienced labor attorney.  
Workers compensation is in place to ensure that anyone injured while performing their job, will receive money to live on until the time they are able to return to work. Difficulties arise with injured workers claims due to the fact that private insurance companies are responsible for paying the claims. The insurers have claims adjusters and lawyers whose motivation is to save money for the insurance company. These are professionals who are highly skilled and experienced. Without a worker’s compensation attorney, the average person is greatly out gunned in the battle for the compensation that they really deserve.
Dolman Law Group
Dolman Law Group has successfully represented countless Florida residents with their worker’s compensation claims. If you were injured on the job, speak with a skilled worker’s compensation attorney at Dolman Law Group. Call today at 727-451-6900. It will cost you nothing for a confidential evaluation of your claim. 
Dolman Law Group
800 North Belcher Road
Clearwater, FL 33765
727-451-6900

Wednesday, July 20, 2016

What Caused Hypoxic Ischemic Encephalopathy To My Baby?


A number of neurological disorders resulting from brain damage are called cerebral palsy. A person’s ability to control their motions and often their posture can be greatly affected. The majority of these cases are caused by brain damage that occurs during pregnancy, birth or the neonatal period which is the first four weeks of life. Abnormalities in the brain are caused; many of these affect the ability to control the body’s movement. 
One of the most common events that may lead to brain damage at or near the time of birth is oxygen deprivation or hypoxic ischemic encephalopathy. (HIE)
Hypo ischemic encephalopathy is the most common form of neonatal encephalopathy (NE) a widely used term describing any impacted neurological function in a newborn. When the brain does not receive adequate oxygenation, cell death occurs resulting in brain damage. It is estimated that for every 1000 live births, two to nine, are affected by HIE. A great percentage of these infants die in the newborn period and approximately 25 percent of them survive with long-term neurodevelopmental impairments. 
Hypoxic ischemic encephalopathy is responsible for several types of disabilities and injuries which include cerebral palsy, seizures, intellectual and developmental disabilities (I/DD) and learning disabilities. The longer the infant is deprived of oxygen the more severe and permanent the injury. 
The causes of Hypo Ischemic Encephalopathy (HIE)
HIE can occur from a number of complications and medical errors. Some of the more common causes are the following:
·           Umbilical cord injuries: Complications involving the umbilical cord can cause HIE because they can slow or cut off the transfer of oxygen to the baby. These complications include nuchal cords, when the cord becomes wrapped around the baby’s neck, prolapsed cords, when the cords precedes the baby in the birth canal, and cord compression, when the cord becomes compressed and can no longer carry oxygen.    Placental or uterine problems: These complications may include uterine rupture, placenta previa, when the placenta is attached to the uterine wall in proximity to or covering the cervix, placental abruption, when the placental lining tears partially away from the uterus and placental insufficiency.
·          Tachysystole: Excessive contractions
·          Elevated fetal heart tones
·          Fetal monitoring errors
·          Brain trauma or hemorrhage during delivery
·          Uncontrolled maternal conditions: Hypertension (preeclampsia) or infection
·         Delayed C Section
·         Fetal size or position
·         Low amniotic fluid ( Oligohydramnios)
·         Premature rupture of membranes
·         Premature birth
·         Fetal Stroke
HIE Diagnostic Processes
Hypo ischemic encephalopathy is confirmed by neuroimaging and blood tests including:
·         CT scans
·         MRIs
·         PET scans
·         Blood glucose tests
·         Arterial blood gas tests
·         EEGs
·         Ultrasounds
Medical professionals will begin ordering tests if there is suspicion that a hypoxic ischemic event took place. A traumatic delivery or complications would be reason to begin the diagnostic process. There are instances where the signs of damage do not appear until the child is older and displays impaired motor function, delayed growth or delayed development. 
Treatment of HIE
Until recently treatment of HIE included prevention of further injury with ventilation, NICU care, controlling seizures, blood pressure maintenance, maintaining glucose level and specialized physician care.
Recently, a new therapy has emerged referred to as hypothermia treatment or brain cooling. The new cooling therapy has shown to reduce the severity of HIE. The baby’s temperature is lowered to 91 degrees Fahrenheit for about 72 hours. The metabolic rate is slowed allowing a longer time for cell recovery. It is imperative that this treatment be employed as soon as the HIE is diagnosed.
Retaining a Hypoxic Ischemic Encephalopathy Lawyer
An HIE lawyer must have a knowledge of the laws involving medical malpractice and also medicine. It is paramount that you retain an attorney who is experienced in all types of birth injury cases, especially HIE. The long term effects on a child with HIE can be extremely costly over time. The child may need your constant care into and through adulthood. The care and special needs can have an astronomical cost over time. What if the child outlives you and your spouse? Who will care for him or her? A qualified medical malpractice attorney knows the true value of your case and has the skill and resources to find medical negligence and prove it. 
Dolman Law Group has helped countless families who have a child that was the victim of a birth injury. Our attorneys have understanding and compassion coupled with tenacity. They will fight relentlessly to get you the compensation you deserve. Call today for a confidential, free consultation of your case. The number to call is 727-451-6900.
Dolman Law Group
800 North Belcher Road
Clearwater, FL 33765
727-451-6900

Kannad Marine Products Get Recalled


Anyone who lives near a popular Florida beach can tell you that once the summer months roll around, the boaters come out. People from all around the country travel to places like Clearwater, Florida in hopes that they get to enjoy the radiant sun warm their skin and feel the sand between their toes. Boating is one of the highlights of a summer trip to Clearwater beach and is a memory most will remember for the rest of their lives. Life jackets in hand, many recreational boaters often cruise around, not even realizing that their boat may contain parts that have been recalled. This is a dangerous phenomenon that occurs in Florida waters all the time. Specific boat parts are recently being acknowledged as recalled products due to their inability to withstand the salty environment they were intended to be in, the ocean.

Kannad Marine’s Recalls

Kannad Marine is a marine equipment company claiming to be one of the best providers of safety equipment out there. The company sells a variety of products describing them as a number of new and innovative features that will further benefit both the user and the search and rescue authorities, ensuring an even higher level of safety for you when at sea” [1]. Although Kannad Marine claims to be a company upholding the standards of water safety in their field, recent recalls on various products of theirs are proving the exact opposite. Two of Kannad Marine’s most well known products have just been recalled for their lack of competence in emergency situations [1]. Both of Kannad Marine’s EPIRB SAFELINK Manual+ and the GPS EPIRB SAFELINK Auto GPS have just been identified as recalled products [1].These products were created to meet the demands of not only commercial, but recreational boaters as well. The products listed are devises built with “a high accuracy GPS for enhanced position location” that are meant for any type of situation, emergency or not. The recent recall on Kannad Marine’s EPIRB SAFELINK Manual+ and the GPS EPIRB SAFELINK Auto GPS has to do with the equipment not operating in emergency situations [1]. The company claims the reasoning behind the recall being that the “yellow body plastic may prematurely age when subjected to specific environmental conditions which has the potential to impact on its long term effectiveness in the field” [2]. The United States Coast Guard explains further what they recommend anyone who has the recalled equipment to do in an Inspections and Compliance Directorate. Here, it is clearly stated which equipment has been recalled and how people who suspect that their equipment may be recalled “should not use the SAFELINK as the primary Search and Rescue beacon on board your vessel” [2]. When people buy Kannad Marine’s products, they put their faith into the company and assume that because the product is labeled by a “creditable source”, the equipment is just as reliable [2]. This is not the case with Kannad Marine. As one of the leaders in their field, it is critical to Kannad Marine’s reputation to come across to the public as safe and reliable.

Other Boat Part Recalls

Although Kannad Marine may have the media’s attention at the moment, there are plenty of other boating companies that have recalled items for sale. For example, Douglas Marine Corperation just publically announced that their ‘Skater 388’ IB Powered Boat has a recall involving the fuel system [3]. Another big name company that recently announced a recall is Suzuki Motor of America. Suzuki has recently admitted to a “start in gear” recall [3]. The recall claimed that some vessels did not allow the engine to shift from a neutral state from forward state [3]. These recalls are not only dangerous to the captain of the vessel; they are dangerous to other boaters as well. Upon the malfunction of a recalled product, the driver or passengers could be seriously hurt or possibly killed.

Dolman Law Group

Boating accidents caused by a recalled product can leave victims with serious injuries and medical expenses well into the hundreds of thousands of dollars. In particularly serious cases, the injuries that victims sustain can lead to mental or physical disabilities that may affect them for years. Fortunately, in many instances, Florida law entitles boating accident victims to significant compensation. It is critical that the boaters who purchase special marine equipment can put their full trust in it. If you may think that you have a piece of boating equipment that is a recalled product, you need to speak with an experienced lawyer. The Clearwater personal injury attorneys of the Dolman Law Group are knowledgeable personal injury advocates who work tirelessly to ensure that each client we represent obtains the full and fair value of his or her claim. To schedule a free consultation with one of our lawyers, please call our Clearwater office today at (727) 451-6900.

Dolman Law Group
800 North Belcher Road
Clearwater, FL 33765
(727) 451-6900


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