Injury Law Blog : Florida Injury Lawyer & Attorney : LaBovick Law Group : Serving West Palm, Boynton, North Palm, West Palm Beach, Jupiter

The automobile has brought many positive changes to the modern world, but it's also given rise to a serious epidemic in the United States: pedestrian deaths. In a recent study, Dangerous by Design 2011, published by the Transportation for America, Florida led the nation in the number of automobile accidents that resulted in pedestrian accidents and fatalities.

According to statistics, from 2000 to 2009, 47,700 pedestrians were killed, equivalent to a jumbo jet full of passengers crashing roughly every month. Despite the magnitude of these avoidable tragedies, little public attention or resources have been committed to reducing pedestrian deaths and injuries.  Over 688,000 pedestrians were injured over the decade, a number equivalent to a pedestrian being struck by a car or truck every 7 minutes.

Between 2000 and 2009 5,163 people were killed while walking in Florida, which cost the state $22.20 billion. 11.1 percent of pedestrians and 17.4 percent of bicyclists killed in the United States died in the Sunshine State.

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In the case,  Ray v. Allergan Inc., 3:10-cv-00136, U.S. District Court, Eastern District of Virginia, the federal jury ordered Allergan, the makers of Botox, to pay $212 million in damages to Douglas Ray.  This tragic brain injury case involves 67 year old, Douglas Ray, who suffered permanent brain damage after receiving Botox injections to treat cramps and tremors in his hands. 

As a Palm Beach Gardens Personal Injury Law Firm, we applaud the jury for ruling in the favor of Mr. Ray that  Allergan failed to warn the patient of an autoimmune reaction that could lead to brain damage.

According to reports, Allergan denied a failure to warn or any connection between Ray’s illness and Botox use and has not decided on whether it will appeal the verdict.

In the Allergan Botox lawsuit, the plaintiff points out that before July 2007, Allergan never disclosed in the United States in any warnings, promotional or marketing materials that Botox can spread outside the injected muscle and cause severe autoimmune responses and brain injury. Instead, Allergan has publicly stated that Botox is a miracle drug and has often compared it to penicillin. Side effects are rarely mentioned and consistently understated.

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The family of a toddler who suffered a severe brain injury in a freak traffic accident will get $20 million in a personal injury lawsuit.  The personal injury setlement will cover a lifetime of care for a 4½-year-old Appleton girl who functions at the level of a 2-year-old after she was struck in the head by a pipe that came loose from the truck accident that involved the mother's van and the truck. 
 

The $20 million settlement for the brain injuy victim's parents is the largest civil settlement in Outagamie County court history.  Although the crash was minor, the little girl suffered permanent injuries, including brain injury, blindness and traumatic epilepsy, when a pipe rack on the truck owned by a New London well-drilling company failed and scattered several pipes, including one that hit her in the head.

The pipes let loose because of a defect in the manufacturing of the truck's rack, said attorney Daniel Rottier of Madison, who handled the case for the Appleton family. The lawsuit contends the pipe rack was missing a front stop and that straps alone could not hold the pipes.
 

Traumatic Brain Injury (TBI) Statistics

Traumatic brain injury (TBI) is a serious public health problem in the United States.  Each year, traumatic brain injuries contribute to a substantial number of deaths and cases of permanent disability. 

National TBI (Traumatic Brain Injury) Estimates
Each year, an estimated 1.7 million people sustain a TBI annually.1 Of them:

• 52,000 people die as a result of TBI
• 275,000 people are hospitalized as a result of TBI
• 1.365 million people, nearly 80%, are treated and released from an emergency department
   

Click on the following link to read more on the Lawsuit over 2008 crash that permanently injured Appleton toddler will end in $20 million settlement - Post Crescent News

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Evenflo Inc. has issued a recall involving 13,792, Evenflo Maestro child safety seats. In the event of a crash, a crack could form at the front of the seat, adjacent to the harness adjuster, causing the child to be improperly restrained.

The recall involves child seats with model numbers beginning with 310. Those include 3101198; 3101980; 31011048; 31011049; 31011059 produced between November 24, 2009, and April 9, 2010. The model number and the manufacture date are located on a label on the side of the car seat/carrier.

As a solution to the problem, Evenflo is providing consumers with a metal reinforcement plate to provide additional structural support in the area of the harness adjuster. Owners of the affected seats should contact Evenflo at (1-800-233-5921) immediately to obtain a free reinforcement plate. Until the repair kit is received, seats can continue to be used in accordance with the owner’s manual.

According to a report by the NHTSA on Children Injured in Motor Vehicle Traffic Crashes, injuries suffered in a motor vehicle traffic crashes are the leading cause of death among children in the United States. Several studies have shown that children who are correctly using the appropriate restraint for their sizes and ages are at a significantly lower risk of sustaining serious or fatal injuries.

The injury outcome in children can be worse than similar injuries sustained by adults. For example, children who suffer traumatic brain injuries can experience lasting or late-appearing neuropsychological problems, highlighting the need for careful monitoring of children as they grow older. For this reason, head injuries are of particular concern when studying children injured in motor vehicle traffic crashes.

In children, some neurological deficits after head trauma may not manifest for many years. Frontal lobe functions, for example, develop relatively late in a child's growth, so that injury to the frontal lobes may not become apparent until the child reaches adolescence when higher level reasoning develops.

If you are a Parent or a caregiver, sign up with NHTSA to automatically receive updates about child seat recalls. Protect the safety of your children by being aware of safety issues early.

Consumers with questions about this safety recall campaign may call NHTSA’s toll-free Vehicle Safety Hotline at 1-888-327-4236 or Contact Evenflo at (1-800-233-5921) for additional information. Click on the following link to read more on children injured in motor vehicle accidents. 

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On September 6, 2008, eight year-old Ronshay Dugan was riding in the back of a Boys and Girls Club bus when the drowsy driver of a cement truck slammed into the bus. Ronshay later died of head trauma.

Though it may have seemed like too little, too late to those who loved Ronshay Dugan, Florida state representative Alan Williams created and helped pass the Ronshay Dugan Act in 2010, which includes an annual Drowsy Driving Prevention Week at the beginning of September. Nicknamed the “You Snooze, You Lose” campaign, Florida aims to raise awareness of the dangers associated with drowsy driving.

Drowsy Driving Statistics

• Close to a third of American drivers admit that they have nodded off behind the wheel, while more than half of drivers confessed to driving sleepy.  (NHTSA)
• Driving Drowsy results in at least 100,000 crashes every year (NHTSA)
• There are appx. 1,500 deaths and 71,000 injuries as a result of driving drowsy. (NHTSA)
• 62% of surveyed American adults (72% of men and 54% of women) reported driving while feeling drowsy.
• 37% of surveyed American adults (49% of men and 26% of women) said they have dozed off while driving at least once.
• 27% of surveyed American adults (36% of men and 20% of women) said they have dozed off while driving in the past year.

The Florida Department of Transportation website highlights a few groups of drivers who are the most at risk for driving drowsy:

• Young drivers between the ages of 16 and 29, especially males. (It is estimated that drivers under the age of 25 cause over half of crashes involving drowsiness.)
• Third-shift workers, or others who work long shifts or irregular hours.
• Jet-lagged business travelers.
• Commercial drivers and long-haul truckers.
• In  heavy truck crashes, drowsy driving plays a role about 15% of the time.

Solve the Problem of Drowsy Driving

Reconsider your options before getting behind a wheel:

• Ask a Friend for a ride or Call a Cab.
• If you're arriving home from a business trip and feel too exhausted to drive, call a cab or take the bus, and pick your car up from the airport the next day.
• If you are a late-night worker, consider taking public transportation to and from work.

Think about your sleep schedule. Americans tend to be sleep-deprived. As a culture, we tend to prioritize getting the job done over our health and our sleep. The result is highways filled with drivers who did not sleep much the night before.

Schedule breaks

For commercial drivers or others on a long road trip, take a break every few hours. A few minutes' break or even a power nap can greatly help your alertness.

If you are still tempted to drive drowsy, just remember all of the lives that you are putting at risk. Remember little Ronshay Dugan, he would be here today, if the driver behind the wheel would have not been driving drowsy.
 

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Intoxication while operating a boat is never acceptable under any circumstances. On Friday two boaters on separate water crafts went out for an early Fourth of July celebration. Unfortunately for 30-year old Puthuvamkunnath, he will never get this opportunity again. He was killed after a 30-foot boat rammed into his 17-foot boat that was anchored off Liberty Island in New York

Drinking and taking drugs while operating a boat can be a deadly combination in the water, especially if one is intoxicated. On Friday evening, Aquilone’s judgment was impaired due to drinking while operating his 30-foot boat and as a result, caused a fatal boat crash with a 17-foot boat carrying 30-year old Puthuvamkunnath and his friends.

The police arrested 39 year old Aquilone and charged with him with manslaughter. According to reports Aquiline was operating the vessel under the influence of alcohol and drugs while his wife and two small children were on board.

According to the police, Puthuvamkunnath was taken to Jersey City Medical Center with his two friends and was pronounced dead due to head injuries. The two friends were treated for minor injuries and was released from the hospital.
 
Click on the following link to read more on the fatal boating crash near the statue of liberty. - CBS News

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Click on the following link to hear The Brain Injury Awareness Day Podcast.

I recently attended Brain Injury Awareness Day on Capitol Hill, March 17th. The event was organized by Congressional Brain Injury Task Force and the Brain Injury Association of America. Congressman Bill Pascrell and Congressman Todd Platts are Co-Chairs of the Congressional Brain Injury Task Force. Congressman Pascrell’s office did an outstanding job in organizing this event that was attended by several nationally known physicians, athletes and politicians.

The primary focus of Brain Injury Awareness Day 2010 was sports-related brain injuries, including college and high school-level athletics. Over 1 million people suffer a sports-related concussion (a form of brain injury) every year. Once a person sustains a concussion, they are 4-6 times more likely to sustain a second concussion. There are multiple examples of athletes who have sustained a concussion during a game, appeared fine, sent back into the game only to sustain a severe brain injury as a result.

If you are a parent of a student athlete, it is important that you become aware of brain injury and its symptoms.  Events such as Brain Injury Awareness Day help to raise awareness about such injuries and the treatment options available.

Approximately 1.7 million people in the United States sustain a Traumatic Brain Injury (TBI) every year. This number includes sports-related injuries, falls, auto accidents, and other traumas. On average, 52,000 deaths related to brain injury occur each year, and over 275,000 hospitalizations and 1.3 million other emergency room visits only related to brain injuries occur per year. These numbers do not include the countless undocumented brain injuries that take place annually.
The majority of people who suffer brain injury – even a mild injury – may not even know they have the injury. My personal goal is to become more active with the Brain Injury Association of Florida and the Brain Injury Association of America to help raise awareness and to help those who have sustained brain injuries.

I encourage you to read my recent blog post "A few facts on brain injury”, which covers information on signs and symptoms of brain injury and tips for families of people who have sustained a brain injury.

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Millions of people in the United States suffer from some sort of traumatic brain injury (TBI), also referred to as a closed head injury, and may not even know it. TBI’s occur when the brain is subject to trauma. It is medically accepted that a person can suffer from a TBI even if not “knocked out” at the scene of an accident, do not suffer a skull fracture, and even if all diagnostic imaging tests are normal. TBI’s affect the way the brain processes information. The person suffering from a TBI may not be the best historian of their symptoms, and may not even believe they have an injury. Family and friends are usually in a better position to detect the signs and symptoms of TBI, as they are the ones that can see an objective change in the person’s behavior.

Some facts of a Traumatic Brain Injury (TBI):

• A person does not need to be “knocked out” or unconscious to have sustained a TBI.
• The ability to walk and talk at the scene of an accident does not rule out the possibility of a TBI.
• The ability to drive home after an accident does not rule out the possibility of a TBI.
• The fact a person is not diagnosed with a brain injury in the hospital, does not rule out the possibility of a TBI.
• The fact there are normal neurological examinations, normal CT scans, X-rays or MRI’s, does not rule out the possibility of a TBI.

The main leading signs or symptoms of a Traumatic Brain Injury are: Headaches; memory problems; concentration and attention problems; personality change; difficulty organizing tasks; fatigue; inability to fall asleep or remain asleep; balance and stability problems; irritability, anger, frustration; speech and communication problems with the inability to find the right words to express yourself; depression.

If you observe any of the above noted signs or symptoms in a friend or loved one, it’s possible they are suffering from a Traumatic Brain Injury. It is important they seek immediate medical attention to correctly diagnosis if it is a Traumatic Brain Injury, and to get proper medical care and treatment..

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"Approximately 1.4 million Americans experience Traumatic Brain Injury (TBI) each year and an estimated 3.2 million Americans are living with long-term, severe disabilities as a result of brain injury. Another 360,000 men and women are estimated to have been inflicted by a TBI in the conflicts in Iraq and Afghanistan. The national cost of TBI is estimated to be $60 billion annually."

Congressman Bill Pascarell - NJ  (Co- Chair Congressional Brain Injury Task Force)

Brain Injury Awareness Day on Capitol Hill will take place Wednesday, March 17, 2010.

The event is being hosted by the Congressional Brain Injury Task Force.

The Brain Injury Association of America encourages advocates across the country to participate in the Brain Injury Awareness Day. Below is a schedule of the day’s events:

Brain Injury Awareness Fair
10:00 AM - 1:00 PM - First Floor Foyer of the Rayburn House Office Building

Brain Injury Briefing
2:30 PM - 4:00 PM     “From the Playground to the Pros: A Heads-Up on Concussion” Capitol Visitors Center - Congressional Meeting Room South

Reception Celebrating Brain Injury Awareness Month
5:30 PM - 7:30 PM -First Floor Foyer of the Rayburn House Office Building
 
Click on the following link for more information on Brain Injury Awareness Day on Capitol Hill - March 17th
 

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In continuation of our  Series for Brain Injury Awareness Month, we take a look at Brain Injuries in the State of Florida.

In Florida, there are over 210,000 people living with a brain injury related disability. Traffic related Accidents account for the largest percentage of Brain Injures. The Department of Health in Florida publishes an Annual Report on The Brain and Spinal Cord Injury Program. This nationally recognized program is recognized as a leader for its coordinated statewide system of services. The program attributes its success to key strategic partnerships with the Brain Injury Association in Florida and the Florida Assistive Services and Technology. The Brain and Spinal Cord Injury program provides an annual  detailed report to the legislature, per Florida Statute 381.74 (F.S.).

There is a critical need for more awareness on the dangers and proper treatment for Brain Injury patients.  The Brain Injury lawyers  of our firm have worked with several clients that have suffered a TBI in an accident.  The toll that it takes on loved ones and the brain injury victim can be devastating. Our goal with the Brain Injury Awareness series is to make sure that public is aware of this critical issue. If the proper care and treatment is not given to a person that has experienced a brain injury can hinder or delay the recovery process. We encourage brain injury victims to see medical treatment immediately after an accident.

Listed below are Brain Injury Statistics in Florida FY 2009 and FY 2008 from The Annual Report on The Brain and Spinal Cord Injury Program published by the Department of Health. 

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In recognition of Brain Injury Awareness Month 2010, we will discuss the various facets of Traumatic Brain Injury (TBI) throughout the month of March on the LaBovick Injury Law Blog. In addition, we will feature guest bloggers to share in the discussions. Topics will range from the causes of TBI, treatment to the costs and consequences of TBI, including many other issues involving TBI.

The Brain Injury Association of America defines Traumatic Brain Injury as a jolt or blow to the head o a penetrating injury to the head that disrupts normal brain function. TBIs can range from a short disruption in brain function or consciousness (a mild or moderate TBI), to a long-term period of amnesia or unconsciousness (a severe TBI). Although not all jolts or blows to the head cause a TBI, the effects of such an injury are often life-long and devastating.

According to the Brain Injury Association of America, 1.4 million people people sustain a TBI every year in the United States. To underscore the dangers of TBI, of this number, roughly 50,000 will die from their injuries.  In addition, 235,000 will be hospitalized for either mild or severe brain injuries, and more than 1.1 million will receive treatment for head injury at emergency centers across the nation before being released.

The unfortunate reality is that any person at anytime can sustain a devastating brain injury. The fact that 1.4 million Americans sustain a TBI each year provides proof of this adverse actuality. However, it is important to understand that people who sustain a TBI have rights and a variety of resources to help them or their loved ones at nearly every step of the way. These include organizations such as the Brain Injury Association of America, the Centers for Disease Control and Prevention, National Institute of Neurological Disorders and Strokes,  Brain Injury Resource Center, and many more.

Stay tuned to our Injury Law Blog and podcasts throughout the month of March for important information and facts on traumatic brain injury.

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