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

One of the biggest events in the world of injury cases happened in 1992 when 79 year old, Stella Liebeck, spilled hot coffee on herself and sued McDonald's for her burns. The case was Liebeck v. McDonald's or the McDonald's coffee case. The case was brought as a product liability suit saying that the coffee at McDonald's was unreasonably hot and dangerous. On June 27th, HBO will premier the documentary "Hot Coffee" and the real truth will finally be told.

The Liebeck v. McDonald's case, was timely case for proponents of Tort Reform. At the time, there was a growing sentiment in America, due to a barrage of propaganda from insurance companies, Associated Industries and major corporations that the Tort System was broken and that jury awards were out of control. In 1994, when the jury gave Ms. Liebeck a verdict of $2.86 million,  the country went wild in disbelief. How could a person win millions by spilling coffee on themselves?

The forces working for Tort Reform used this case as a sword and never wanted the whole story to get out. On Monday, June 27th,  the true story is finally being told. I believe it is way late, but late is better than never. The real facts will be related. The actual total award (which was reduced by the judge to $640,000 and then reduced in a private negotiation to something much smaller on Appeal) will be investigated. The idea that McDonald's was subject to frivolous litigation is absurd, but is also investigated. Also, McDonald’s wrongdoing is also investigated.

I encourage everyone to watch this program because discussion is important to the future our civil justice system. First time Filmmaker and former lawyer, Susan Saladoff, should be proud that her documentary will engage people on both sides. The documentary Hot Coffee will premier on HBO, Monday, June 27, 2011 at 9:00 p.m. Invite a few friends over to watch the film and discuss the film after the show. I will share my thoughts on the Injury Law blog after watching the movie.

The makers of the film Hot Coffee have provided a few Talking Points below to get the discussions started:.

1. If you’d heard of the McDonald’s coffee case before viewing Hot Coffee, did watching the film change your mind about what you thought?

2. Did you learn anything new about torts or “tort reform”? What about “caps” on damages? How many mandatory arbitration clauses do you think you’ve agreed to in the last year?

3. What can you do to protect our civil justice system and change the misconceptions so many people have today?

4. What actions are you going to take about this issue right away? SUGGESTIONS: Write your representatives in Congress and in your state legislatures. Write a letter to the editor of your local newspaper. There is pending federal legislation called the Arbitration Fairness Act, and many states are moving to pass restrictive caps every day. Your voice will make a difference.

Take Action

1. Host a HBO House Party: Invite your Friends over to watch the Hot Coffee premiere on HBO, JUNE 27, 2011 at 9:00 pm(ET/PT)/

2. Tell Congress and state lawmakers to oppose laws that restrict access to the courts.

◊ Congress: Make your voices heard on two important bills right now!

Stand Up for Patients’ Rights. Tell your member of Congress to oppose the badly named, badly flawed “Help Efficient, Accessible, Low-cost, Timely Healthcare Act of 2011″ (H.R. 5)

Stop the Corporate Attack on Our Rights and End Forced Arbitration. Tell your members of Congress to support the Arbitration Fairness Act (S. 987 and H.R. 1873)

◊ States: Contact your state lawmakers, and tell them to oppose “caps” and so-called “tort reform.”

3. Spread the word & help enlighten others!

4. Learn About the Issues:

5. Protect your access to the civil justice system

6. Stay informed

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Propaganda!  There must be great success in using propaganda.  The injustice of the world is fed to us through biased news and the use of propaganda.  Walter Cronkite was trustworthy, but now news reporters have their mouths are filled with biased junk.  Objective facts no longer exist.  I grow numb to the existence of biased information and stop taking the news seriously.  I don’t even trust Hurricane reports any longer.  I believe they are meant to keep me tuned in worried about the weather and listening to more commercials (most of which are my competitor attorneys).

No Fault Insurance Company  (PIP) "Ex-parte" Communication reprehensible

I understand that we each see one side of “the truth” better than the other.  The justice system is filled with parties fighting for their “truth” to be heard.   But the court and the judges must stay insulated from all the “propaganda.”  The Justice System Works!  But to remain fair we cannot allow insurance companies or large corporations to propagandize our judges.  Communicating about a case outside the courtroom, or attempting to alter the view of a judge outside the courtroom is impermissible.  This type of communication is called an “ex-parte communication” and every first year lawyer knows it is wrong.
 
The Insurance industry does not believe these or any rules apply to them.  There are laws which say pay medical bills at a certain rate.  The PIP Insurance carriers refuse to do so and then complain when they are sued.  They cry out in a public propaganda campaign that trial lawyers are ruining their right to exist.  But they refuse to follow the rules.

United Automobile Insurance Company uses shameless propaganda on a judge
Attached is a letter from Judge Lee.  The letter shows United Automobile Insurance Company tried to prejudice the Broward County Judges behind the backs of several prominent Broward County lawyers.  I don’t know if Broward was the only county to get the information.  What United Insurance Company did was shameless!  It is propaganda and manipulation upon a Judge.  
 
 

NO Fault (PIP) Insurance Companies lobby falsely lobby Congress for protection
Right now Insurance companies are lobbying for additional protection in the form of new laws.  They have paid lobbyists huge sums to wine and dine the legislature so they can pass laws to help PIP Insurance Companies.  Why?  Because the PIP Companies say they need additional protection to “fight fraud.”  If that is true then why are they spending their time breaking the rules and trying to prejudice the judges?  Who is defrauding whom?  Are the Judges part of the fraud?  What are they trying to accomplish?  Shouldn’t they be helping to find a solution to a “fraud” problem. 

Propaganda puts Legitimate Insurance Claims by Doctors and Hospitals under attack
Consider this:  what if the “fraud” problem is only one tenth as bad as the Insurance companies claim?  What if the legislator’s figure out that fighting fraud is only a red herring and that what the PIP Insurance Companies really want to do is make getting full payment on legitimate claims impossible?  Who would that hurt?  The hospital, yes.  The doctor, yes.  The Insured (that is you, btw), yes!  The PIP Insurance Company, NO.
 
Propaganda!  Are we so use to it that we just don’t care?  Maybe on a personal level.  But we must protect the Justice System and call out a wrong when we see it.

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Bad Drugs need to taken off the shelf: Acutane, Yaz, Yasmin, Ocella

It is incredible that young women are still taking Yaz or Yasmin or Ocella. All we hear about these drugs are bad, bad, bad. Given all of the issues, I do not understand why they are still on the market. The power of the drug industry amazes me, that despite all of the serious and life altering side effects which can occur while taking the Yaz trio, doctors are still prescribing these drugs and young women still take them.

We have cases from all over the country. There are no geographical boundaries to taking a drug tort case. Most of our cases are either blood clot/DVT (deep vein thrombosis)/PE (pulmonary embolism), Heart Attack or Stroke.

How in the world other than taking a poison like the Yaz trio could a young woman have a heart attack or stroke? We have not had many death cases due to these injuries because the victims are young and strong. But this only means that, in the long run, these young woman will suffer with the effects of their injury for the rest of their lives. We have interviewed hundreds of prospective clients and it is amazing how many have claims. Between the Yaz trio and Accutane I don’t know which is a worse scourge in the young adult community.

Just for the record, Accutane is every bit as bad as the Yaz trio. The injuries and long term affects of this anti acne drug so far outweigh the relative health benefit that it also amazes me that Doctors can, in good faith, prescribe this drug to their patients. So many of the people we interview simply should never have qualified for taking this drug. It cannot be a causal solution to acne.

The number of young people who have developed bowel trouble after taking Accutane is incredibly high. The bowel trouble comes in many forms, Crohn's Disease, Ulcerative Colitis or Inflammatory Bowel Disease. Some of the lesser known side effects of using Accutane include pancreatitis and hypertension, hair loss and hepatitis.

If you are taking either Yaz or Accutane please go back to your doctor and ask for an alternative treatment for either birth control or acne. You will never die from bad acne and you can control getting pregnant in other formats beyond these drugs. Your life is literally at risk.
 

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How can Toyota have actual knowledge of their cars sticky accelerators, give wrong information to the United States National Highway Traffic Safety Administration, and NOT face criminal penalty?

Presently there is a Federal Grand Jury proceeding in New York, which is investigating the “timeliness of Toyota’s reporting of its sudden-acceleration complaints and fixes.” I am betting that the United States Attorney will open an investigation soon for criminal penalties against the company.  Many innocent victims have died because Toyota hid the truth about safety issues.

Human lives are not to be counted on an actuarial chart and compared to the financial impact on a company before making a known defect public.  When you are producing a dangerous product and putting it in the stream of commerce, you must correct know defects; otherwise, you are acting with reckless abandon in harming human life.

The very definition of manslaughter is the unlawful killing of a human being without premeditation or intent through gross negligence.  The difference between this and actual murder is that murder requires actual malicious intent.  Former Toytota counsel Dimitrios Biller said that Toyota had systematically disregarded the law.  He said to CNN that the material he had reviewed was “very, very disturbing.”  Toyota continues to fight the litigation requests to review their most important documents.  They are also not permitting their old lawyer to say what he knows. 

Hopefully, the public will not feel bad for Toyota because tough minded trial attorneys want to hold Toyota accountable for their reckless conduct.

 

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In this edition of "From the Courtroom" Podcast, Brian LaBovick, Esq., Scott Haft, Esq., and Paul Baltrun discuss the topics of Mortgage Modification and Foreclosure Defense.

• Brian F. LaBovick, Esq, Managing Shareholder of LaBovick & LaBovick, P.A.
• Scott R. Haft, Esq.,  Foreclosure Defense
• Paul Baltrun, Director Loss Mitigation (Mortgage Modification) Division

A recent report indicates that almost 15% of homeowners and mortgage holders in the State of Florida are currently more than 60 days behind on their mortgage. As a result, there is a huge demand for mortgage modifications in the state.

 

As part of LaBovick & LaBovick, P.A.’s community outreach program, the firm will provide free seminars to distressed homeowners on Mortgage Modification and Mortgage Foreclosure Defense.

The first seminar will take place on Wednesday, February 24 at 6:00 p.m. at our Palm Beach Gardens office located at 5220 Hood Road.

The seminars will provide a free evaluation of your financial picture and include information and advice on:

• Mortgage Modification and Foreclosure Defense
• Explanations of how homeowners can defend themselves against foreclosure
• Inform homeowners of the options available to help save their homes
• Evaluate options for people struggling with unsecured debt such as credit card debt
• Discuss the use of bankruptcy as a viable option to relieve debt

The Mortgage Modification process continues to improve, and homeowners have several options.
 

By modifying your mortgage, you can:

• Significant reduce your monthly mortgage payment, and
• Bring your mortgage current if it is past due 

Even if a house is in foreclosure, mortgage modification may still be able to work out a plan to help keep you in your home.

 

One of the greatest purposes of Foreclosure Defense is to give homeowners more time to pursue options such as mortgage modification to help save their homes.

Some of the benefits of avoiding foreclosure through mortgage modification include:

• Protecting your financial interests well into the future
• Protecting the bank or lender’s financial interest
• Protecting your personal interests, including keeping your family in your home

 Tips for Homeowners on home loan modification and foreclosure - From the Courtroom Podcast

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From time to time, I come across issues that are not directly related to my Blog topic, but due to my own sense of priority I feel compelled to share these experiences with our readers. In this instance, the subject is meaningful to me. The subject is Israel.

This past Friday, Governor Crist, visited Temple Beth Am in Jupiter. It was always my feeling that Governor Crist was a committed supporter of Israel. On Friday he told our congregation a story about his experience in Israel. While visiting the Western Wall in 2007, he prayed for the protection of Florida from hurricanes. Believe it or not, this is a true story. While on the trip, a friend encouraged him to visit the Western Wall, aka Wailing Wall, and to insert a written prayer into the wall. Governor Crist did just that. In his prayer, he asked the Lord to protect Florida from storms that year. It is important to point out that thereafter Florida was hurricane free in 2007. When one of the Governor’s friends told him he was going to Israel in 2008, the Governor gave him a similar note to put in the wall. For a second year in a row, our beautiful state was hurricane free. This year another friend went to Israel. The Governor contacted him and requested another prayer be placed into the wall. The 2009 hurricane season is over and wallah! No storms. I hope that when Governor Crist moves onto the national stage, most likely as a Senator, he will continue to send his prayers for Florida's safety to the Western Wall.

On a more serious note, the Governor's visit was a rousing success. Although the crowd wanted to hear about the recent international reports on Israel and Palestinian relations, the Governor wisely chose to be more general and positive in his discussion about the significance of the relationship between Florida and Israel. He acknowledged the 800,000 Jewish voices in Florida who want assurance that the US will not abandon Israel. He reiterated that he will continue to fight to keep our relationship with Israel strong.

In closing, Governor Crist addressed the tragic shootings in Jupiter which took place on Thanksgiving. He asked for prayer and healing for the families. His attention to this issue showed how concerned he is about local community events as well as national events. Overall, the Governor’s speech was moving and sincere. I am honored that I had the pleasure of sitting with him; praying with him and hearing him speak about a subject that is near to my heart.

Brian

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The Law firm LaBovick & LaBovick, Civil Justice Prosecutors, is pleased to announce that Managing Partner, Brian F. LaBovick, Esq. has received the designation of 'Super Lawyer', by the publisher of Super Lawyers Magazine. Attorney LaBovick was among the few  Personal Injury lawyers in Palm Beach County  to receive this recognition.The Super Lawyers® designation is awarded to only 5% of Florida lawyers, based on nominations and feedback from other Florida attorneys.

Super Lawyer® Brian F. LaBovick and his firm is among a select group of firms in the United States focusing on qui tam (whistleblower) claims. The firm represents Plaintiff whistleblowers and prosecutes fraud on behalf of the federal and state government.

More than 44,000 lawyers across the state were asked to name the best lawyers they personally observed in action. Super Lawyers Magazine then divided the submissions into practice areas, which were then reviewed by a Blue Ribbon panel of attorneys. The final list represents the top 5 percent of attorneys in Florida.

About the Firm:

The Law Firm, LaBovick & LaBovick, Civil Justice Prosecutors, is a Plaintiff's firm that was established in 1992. The firm focuses on qui tam (whistleblower claims) and fighting for personal injury victim's rights in Florida. They handle all serious injuries, car accidents, maritime accidents, wrongful death, slip & fall, toxic torts and product liability cases. The firm has office locations in Boynton Beach, West Palm Beach, Jupiter and Port St. Lucie, Florida. Visit the firm website at www.labovick.com or the firm's legal blogs: Whistleblowerlawblog.com or LaBovickinjurylawblog.com for more information.

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Firm Overview

The law firm of LaBovick & LaBovick P.A., is committed to the pursuit of justice for victims harmed by the willful or careless conduct of others and whistleblowers who valiantly bring evidence of wrong doing against their employers to the surface. Our single focus is to get clients the results they deserve. We offer a free initial consultation to discuss a case and will always provide our honest opinion about the case in light of the facts, case law, and our experience.

We leverage resources including an experienced staff, investigators, experts and consultants to achieve results for our clients that we represent. We accept cases on a contingency fee basis. If there is no recovery, the client will not be charged a fee.

We utilize state-of-the-art technology and cost-effective methods to provide services in a timely, client-oriented manner. Our technological advancement allows us to track all the information we need to handle cases successfully. This technology allows us to provide clients with case updates and recent developments immediately.

Our law firm has earned an "AV" rating from Martindale-Hubbell, the well-known law directory service. The AV rating is the highest rank conferred by Martindale-Hubbell and reflects both professional ability and high ethical standards. Martindale-Hubbell ratings are based on confidential surveys of other attorneys and judges.

Our Practice Areas Include:

Serious Personal Injury
Wrongful Death
Defective Drugs
Product Liability
Mass Torts
Medical Malpractice
Employment Law
Workers Compensation

Our Attorneys prosecute cases to the fullest extent to obtain the justice and compensation that our Clients deserve.

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