Hardesty, Tyde, Green & Ashton, P.A. blog

Government Bans Texting by Drivers of Large Trucks & Buses

noreply@blogger.com (Attorney Frank Ashton) — Tue, 26 Jan 2010 22:36:00 +0000

On January 26, 2010, the Transportation Department issued regulations which banned hand-held texting by drivers of large commercial trucks and buses. According to Transportation Secretary Ray LaHood, the regulations take effect immediately and carry fines of up to $2750 for each violation.

The National Safety Council estimates that 200,000 accidents occur each year because the driver was distracted from observing the road while texting. Research has demonstrated that people involved in texting commonly take their eyes completely off the road while engaged in sending or receiving texts. This can have catastrophic consequences, particularly for drivers of big rigs or buses and the occupants of cars around them.

The texting ban for drivers of large vehicles operating at high speed on interstate roads is certainly an important step in increasing highway safety.

Safety on America's Buses

noreply@blogger.com (Kevin Moore) — Wed, 20 Jan 2010 13:25:00 +0000

Thousands of people travel on buses across America each year. However, few realize the dangers that can be involved in bus travel.

In recent years, several high profile bus accidents have reignited the debate on bus safety. For example, after a 2007 bus crash in Atlanta in which 7 people died and 21 people were injured, the National Transportation Saftey Board found that the bus' lack of adequate occupant protection contributed to the accident's severity. Bus saftey was also an issue in the 2006 bus crash in Huntsville, Alabama, in which 4 school children were killed.

Several recommendations have been made to improve bus safety in America. Seatbelts could be made mandatory on all passenger buses. This would protect individuals from significant injury in bus rollover accidents. Bus windows could be made more sturdy and durable. A common cause of death in bus accidents is ejection from the bus. The ejection rate could be greatly reduced by the improvement of bus windows.

There could also be better regulation of bus drivers. It is often found after a bus accident that the driver's medical certificate giving him authority to drive the bus has expired. Making sure individuals are fit to drive buses would increase safety for passengers on the bus as well as other drivers on the road.

If you or someone you know has been injured as a result of a bus accident, please contact us for a free consultation regarding your rights.

Additional Baby Cribs Recalled by Consumer Product Safety Commission

noreply@blogger.com (Attorney Frank Ashton) — Wed, 20 Jan 2010 13:11:00 +0000

On January 19, 2010, the Consumer Product Safety Commission recalled approximately 635,000 cribs manufactured by Dorel Asia because of safety concerns. Recently a 6 month old child apparently died when the brackets holding the drop side of the crib detached or broke and allowed the baby to roll over and become trapped between the drop side and the mattress. There have been multiple reports to the CPSC of similar incidents resulting in injuries to other children. In fact, this is the second time in the last 2 months that the CPSC has issued a crib recall for these types of problems. Last month in this blog we reported the recall of cribs manufactured by Simplicity and SFCA, Inc.

The Dorel Asia cribs which are the subject of the latest recall were manufactured in China and Vietnam. They were sold under various names at Walmart, Sears and K-Mart stores from 2005-2009. The CPSC advises parents to immediately stop using these cribs and to contact the manufacturer for a free parts replacement kit.

If your child was injured by one of the cribs subject to this recall or by any other crib, please call us for a free consultation about your rights.

Radiologists Unlikely to Disclose Mammography Errors to Patients

noreply@blogger.com (Attorney Frank Ashton) — Sun, 03 Jan 2010 20:57:00 +0000

Recently, researchers at the University of Washington conducted a survey of more than 350 radiologists at 7 different geographical sites of the Breast Cancer Surveillance Consortium. The radiologists were given a hypothetical set of mammograms which demonstrated that potentially cancerous calcifications were increasing in number but had been misread by the previous radiologist as decreasing in number, thus resulting in a delay of cancer diagnosis.

When asked whether they would tell a patient about the error:
9% said they would definitely not disclose the error;
51% said they would disclose it only if asked by the patient;
26% said they would probably disclose the error; and
14% said they would definitely disclose the error.

When asked what language they would use to disclose the error in reading the mammograms, only 15% of the radiologists would tell the patient directly that an error had been made by the previous radiologist. The remainder either would say nothing further or would simply report that the lesions were increasing in number.

Failure to timely diagnose breast cancer can have catastrophic results and is a frequent cause of medical malpractice litigation. It should be of concern to patients that many radiologists, 74% of whom report they are concerned about being sued for misreading mammography studies, in most cases are not likely to honestly and straightforwardly tell the patient when an error has been made.

If you have concerns that your mammography results were misread, you should contact an experienced medical malpractice attorney. At our firm, all such consultations are free of charge.

Simplicity Crib Deaths

noreply@blogger.com (Attorney Frank Ashton) — Fri, 18 Dec 2009 13:53:00 +0000

The Consumer Product Safety Commission has issued multiple recall notices for various models of cribs manufactured by Simplicity Inc. and SFCA, Inc. of Reading, Pennsylvania. The warnings and recalls began in 2005 and have been linked so far to 11 deaths and 25 additional incidents involving injury or potential for serious injury. The problem relates to plastic hardware which the manufacturer used to secure the side of the crib. Over time, the hardware can break or deform allowing the side to push out, creating a space between the side and the mattress. A baby can roll into this space and suffocate or otherwise be severely injured.

The manufacturers appear to no longer be in business. Some of the cribs manufactured by Simplicity include the Graco logo and Winnie the Pooh motif. The affected cribs were sold between January 2005 and June 2009. Parents are warned to immediately stop using Simplicity cribs because of the serious hazard they pose to babies. More information from the CPSC on the crib recall can be found at: http://www.cpsc.gov/cpscpub/pubs/simplicity.pdf.

If you have a family member who has suffered injuries from a Simplicity crib or any other defective crib, please call us for a free case evaluation.

Paxil Settlements

noreply@blogger.com (Attorney Frank Ashton) — Mon, 14 Dec 2009 14:06:00 +0000

According to recent court records, the manufacturer of Paxil, GlaxoSmithKline PLC, has paid nearly $1 billion to settle a variety of lawsuits for injuries allegedly caused by the drug. Paxil has been on the market in the United States since 1993. It is used primarily to treat depression, anxiety disorders and post-traumatic stress disorder (PTSD). During this period of time, thousands of patients have reported problems which they relate to use of the drug. These problems generally include: suicide, birth defects and addiction/withdrawal. In 2005, the FDA required the manufacturer to add a black-box warning to the package insert indicating that use of Paxil had been associated with an increased risk of suicidal thoughts by adolescents. A black box warning is the strongest label warning which can be placed on a prescription medication.

If you or a loved one has experienced significant problems after using Paxil, you may have a products liability claim against the manufacturer or a medical malpractice claim if the drug was improperly prescribed by a doctor. Call us for a free consultation.

FDA Orders Black Box Warning for Phenergan

noreply@blogger.com (Attorney Frank Ashton) — Sun, 11 Oct 2009 21:51:00 +0000

The FDA has just ordered that special warnings be added to the instructions for the use of the anti-nausea medication, Phenergan (promethazine). This so-called "Black Box" warning is the FDA's strongest possible warning about the use of this drug via intravenous (IV) administration. Specifically, the new warning describes the potential serious complications of inadvertent intra-arterial injection, infiltration or extravasation of Phenergan. These complications can include severe tissue or nerve damage, gangrene and amputation. The new warnings also make clear that deep intramuscular injection is the preferred route of administration.

Our firm has handled many cases involving injury to patients from IV administration of Phenergan. Many of these patients went on to develop Reflex Sympathetic Dystrophy (RSD) or Chronic Regional Pain Syndrome (CRPS). If you believe you have been injured by intravenous injection of Phenergan and would like to speak with an attorney experienced in this area, we would be happy to discuss your potential case with you.

Texting while Driving Gaining National Attention

noreply@blogger.com (Attorney W. Marc Hardesty) — Wed, 07 Oct 2009 09:08:00 +0000

The proliferation of cell phones with texting and Internet access is certainly an advance in technology and convenience but it is also a safety problem that is plaguing the highways of this country. Texting while driving is rapidly is becoming the as dangerous as driving under the influence of alcohol or drugs. The "eyes off the road" factor essentially creates a vehicle without a driver moving at highway speeds. The results are often deadly or life altering. The lure of getting the information right now is becoming epidemic. Texting and using the Internet while driving has also given rise to various state laws that criminalize the practice in an attempt to reduce the huge number of accidents that it causes. Concentration and reaction times are essentially reduced to zero in many accidents or causes a driver to over correct at the last moment to avoid what should be the obvious and as a result causes accidents. Certainly cell phone use is critical in the development of a crash investigation. If you or someone you know has been the victim of a auto accident please contact our firm to learn more and protect your rights.

The Complexities of a Slip and Fall

noreply@blogger.com (Kevin Moore) — Tue, 06 Oct 2009 18:04:00 +0000

Every year, thousands of individuals are injured as a result of slip and fall accidents. These accidents often result in serious injuries such as herniated discs, which may require surgery to repair.

Some slip and fall accidents occur through no one's fault. However, many are due to the negligence of store or building proprietors who have failed to keep their premises in a reasonably safe condition.

There are many factors to examine in determining whether your fall is the result of negligence. This could include, among other things, a thorough review of building code standards. Often times, the area where the fall occurred will need to be appropriately measured and examined to determine whether it satifies the applicable building code. Various standards, such as those promulgated by the International Code Council, could apply.

Our firm has the experience and expertise necessary to examine all aspects of your slip and fall accident. Call us today for a free consultation.

New Study Demonstrates Medical Malpractice Lawsuits Do Not Increase Health Care Costs

noreply@blogger.com (Attorney Frank Ashton) — Fri, 21 Aug 2009 13:26:00 +0000

For many years, the AMA and insurance companies have contended that medical malpractice lawsuits have significantly driven up the cost of insurance and health care. A recent comprehensive study by Americans for Insurance Reform (AIR), a coalition of more than 100 consumer groups around the country, has demonstrated that these claims are false. The major findings of this study, which is the most comprehensive study on this issue ever performed, are as follows:

1. Medical malpractice claims are only 1/5 of one percent of annual U.S. health care costs;

2. Medical malpractice premiums, after adjustment for inflation, are the lowest they have been in 30 years;

3. Medical malpractice insurers today are earning higher profits than other parts of the property/casualty insurance industry;

4. Medical malpractice claims, after adjustment for inflation, are down 45% since 2000;

5. Many states that have not enacted "tort reform" legislation for medical malpractice cases have experienced the same insurance rate changes as those states which have enacted severe restrictions on patients rights.

In fact, if all medical malpractice claims were entirely eliminated, health care costs would not even be reduced by 1%. On the other hand, those people severely injured by medical negligence would be left destitute and would likely end up on public assistance programs, effectively transferring the cost of medical negligence from the responsible doctor and his insurance company to the government and the public.

The full text of the AIR report can be found at www.centerjd.org/air/TrueRiskF.pdf

Supreme Court Rejects Drug Manufacturers' Claim that Warning Labels Prevent Lawsuits

noreply@blogger.com (Attorney Frank Ashton) — Mon, 11 May 2009 13:30:00 +0000

In a recent 6-3 decision, the United States Supreme Court rejected claims by drug manufacturing firms that FDA approved warning labels on drugs pre-empted state lawsuits based on failure to give adequate warning of the drug's risks. In this case, Wyeth Pharmaceuticals v. Levine, a Vermont jury had awarded several million dollars to a patient whose right arm had to be amputated after she received an IV push injection of the drug, Phenergan. The lawsuit claimed Wyeth failed to provide appropriate warning of the drug's risks associated with improper administration. Wyeth argued that, even though it could have changed the label warnings without FDA approval, the FDA's approval of the original warnings essentially gave Wyeth immunity from lawsuits.

This immunity argument was flatly rejected by the Supreme Court which noted that Congress had never passed any legislation granting immunity to drug manufacturers for faulty warnings which may have been approved years ago by the FDA based on the data provided to the agency by the drug manufacturer. Clearly, if the FDA got bad information from the drug companies, it would not be able to issue proper label warnings.

This case is an important victory for patients. It makes little sense to give drug companies immunity from lawsuits when they give bad or incomplete information to the FDA. It is in everyone's best interest to make sure drug manufacturers regularly update label warnings based on the most recent information they have regarding drug risks. Our firm has handled many cases where patients have suffered serious injuries, including development of Reflex Sympathetic Dystrophy (RSD), from improper administration of Phenergan. If you believe you have had a serious injury resulting from a reaction to a drug you have received, please call us for a free consultation.

Insurance Institute for Highway Safety Recommends Increased Vehicle Roof Strength

noreply@blogger.com (Attorney Frank Ashton) — Mon, 11 May 2009 13:16:00 +0000

Starting in 2010, car makers that want the insurance industry's highest safety ratings will have to increase roof strength on their vehicles to a 4.0 strength to weight ratio. This new insurance industry standard significantly exceeds the current government standard of 1.5. It also significantly exceeds the proposed new government standard of 2.5. The Insurance Institute for Highway Safety estimates using the 4.0 strength to weight ratio could reduce injuries in rollover accidents by 40-50%.

Defendants' rights law challenged

noreply@blogger.com (Attorney Mike Alfano) — Wed, 29 Apr 2009 17:42:00 +0000

In the next few weeks a decision could come down from the U.S. Supreme Court that drastically affects the rights of defendants in criminal cases, especially vulnerable defendants, including disabled and indigent defendants. The Supreme Court will rule on a case, Montejo v. Lousiana (Docket No.07-1529). This case could overrule the 1986 case of Michigan v. Jackson.

Michigan v. Jackson was a case decided by the U.S. Supreme Court. This case dealt with a defendant's Sixth Amendment right to counsel during a police interrogation. In a decision written by Justice Stevens, the Court held that once an accused individual has claimed a right to counsel at a plea hearing or other court proceeding, a waiver of that right during later police questioning would be invalid. This decision applies to defendants who agree to talk to authorities without their attorneys present.

This case is especially important for indigent or mentally challenged defendants. Those defendants could be easily convinced to talk by savvy and intelligent police officers seeking a confession.

At Hardesty, Tyde, Green & Ashton we have extensive experience representing defendants in criminal cases. Call us to see if our criminal defense attorneys can help you or someone you know.

Off-Road Vehicle Safety

noreply@blogger.com (Attorney Mike Alfano) — Tue, 28 Apr 2009 00:39:00 +0000

In November 2008 the Wall Street Journal reported that federal safety regulators are investigating the safety of the Yamaha Rhino. The Rhino has been linked to some 30 deaths. The Rhino, different from an ATV, does not fall under the safety regulations that ATV's are subject to. The Wall Street Journal in a November 4, 2008 article, stated that the Rhino "is not subject to ATV safety standards because of design differences such as having a steering wheel.... But the novel off-road vehicles aren't subject to the much-tougher standards for cars either." There are no federal safety standards in place for Yamaha to conform to when designing the Rhino to make sure that it is safe for the public.

The Wall Street journal in the same article, reported that "Yamaha faces more than 200 lawsuits in state and federal courts, many alleging the Rhino's design is unsafe." In a follow-up article on April 1, 2009 the Wall Street Journal reported that "the Consumer Product Safety Commission said that Yamaha Motor Corp. has agreed to suspend the sale of its Rhino 450, 660 and 700 models." Yamaha has also agreed to offer free modifications to Rhino's already in service to make them less likely to roll over.

When the lawsuits against Yamaha began the Wall Street Journal reported that "Yamaha settled some but last year beefed up its defense and said it may start to fight rather than settle."

If you or someone you know has been injured while operating a Rhino you may be entitled to damages. For more information on how to find an experienced attorney willing to fight for you please contact us for a free consultation.

Disability Policies and Equitable Distribution

noreply@blogger.com (Karl Green) — Thu, 16 Apr 2009 20:10:00 +0000

The Florida Second District Court of Appeal has re-affirmed (in March 2009) that disability policies from which payments constitute a substitute for future lost income are non-marital property and are not subject to equitable distribution.

If you have been injured or need assistance with a family matter contact Hardesty, Tyde, Green and Ashton.

Child Custody Issues

noreply@blogger.com (Karl Green) — Mon, 13 Apr 2009 20:26:00 +0000

Sometimes grandparents find themselves thrust into the role of seeking custody of their minor grandchild. At times the parent of the child becomes involved in drugs or develops a mental illness that prevents the parent from taking care of their child.

Often the child's parent would rather their child be with the grandparents instead of in the custody of the state in a foster home.

If you need help with issues like this call Hardesty, Tyde, Green & Ashton.

Fighting for Injured Workers

noreply@blogger.com (Karl Green) — Fri, 03 Apr 2009 20:29:00 +0000

Last year the Florida Supreme Court struck down caps on attorney fees in workers compensation cases so that attorneys representing injured workers could get paid reasonable fees.

Currently the Florida Justice Association, which represents trial lawyers, has been lobbying lawmakers to reject legislation that would reinstate the caps.

The purpose of the caps is to prevent those injured on the job from hiring a lawyer to help them with their case.

If you have been injured on the job contact Hardesty, Tyde, Green and Ashton.

Unique Family Law Issues for Unwed Parents

noreply@blogger.com (Karl Green) — Thu, 19 Mar 2009 14:45:00 +0000

Federal researchers reported that there were 4,317,119 births in 2007 which topped a record first set in 1957 at the height of the baby boom.

Additionally births to unwed mothers reached an all-time high of about 40 percent. More than three-quarters of these women were 20 or older.

Unwed parents face a host of family law issues upon the birth of a child. Often the mother needs child support from the father and fathers often have to prove their paternity to be able to seek visitation with their child.

Hardesty, Tyde, Green and Ashton can help!

Insurance Greed Attempting to Crush Working Families

noreply@blogger.com (Attorney W. Marc Hardesty) — Thu, 19 Mar 2009 04:14:00 +0000

The Insurance industry is attempting to unfairly stack the deck against a person hurt on the job through no fault of their own. Last fall the Florida Supreme Court addressed a provision of the workers compensation law that limited attorney fees earned through representation of people wrongfully denied medical care and benefits. The court stated that the attorney that battled the Insurance industry and won was entitled to recover a reasonable fee, in other words fair payment for work done.

The legislature led by Miami Representative Flores now wants to take away the reasonableness language of the law and is therefore creating an unreasonable situation for the injured workers of this state. Buoyed by Insurance dollars Rep Flores is carrying the flag of insurance greed and self gain on the backs of people that work hard for their families everyday. Luckily Flores stands little chance of suffering the same plight as his constituents who are injured since his activities provide little to no risk for a work related injury but high probability of self gain through Insurance contributions. See the Miami Herald regarding the full story http://www.miamiherald.com/news/southflorida/story/955240.html

Alimony Reduction

noreply@blogger.com (Karl Green) — Wed, 18 Mar 2009 20:35:00 +0000

Recently the Fourth District Court of Appeal ruled that when a former husband seeks to reduce or terminate alimony, once the trier of fact has made a finding that a supportive relationship exists, the court “must by necessity either reduce or terminate alimony.”

This is pursuant to Florida law which permits reduction or termination of alimony when the receiver of alimony cohabits in a supportive relationship with another.

Please contact Hardesty, Tyde, Green and Ashton for your family law needs.

Injured Workers Railroaded By CSX

noreply@blogger.com (Attorney W. Marc Hardesty) — Sun, 01 Feb 2009 16:40:00 +0000

The Federal Railroad Association has cited CSX Corp. with continuing a "culture of harassment and intimidation in connection with injury reporting." CSX has been abusing its workers since at least 2006 reports say. When someone is injured on the job there is a system in place to provide treatment and cover a portion of lost wages. Intimidating and harrassing people injured is just plain wrong and is illegal under both Federal and Florida law. We have successfully handled thousands of serious Work related injuries. Our efforts are often the one thing that keeps the family from losing their home, car and stream of income. If we can help with a Workman's Compensation claim please contact us immediately. There is no room for employer harassment or intimidation. We will be glad to turn the tables on them.

DUI Arrests Increase During Super Bowl

noreply@blogger.com (Attorney W. Marc Hardesty) — Sat, 31 Jan 2009 11:26:00 +0000

The Florida Highway Patrol and the Jacksonville Sheriffs Office have announced that their DUI enforcement units will be out in force looking for drivers that are impaired. These law enforcement agencies stated that the concern arises out of the increase of serious injury and wrongful death as the result of drunk or impaired drivers. Certainly the choice of not driving is the best. Certainly the use of a designated driver or hailing a cab is much more economical than taking the risk of injuring someone or yourself. Even the costs , fines and surcharges of a first time DUI far exceed $1500.00 not to mention the criminal conviction and the increase auto insurance rates that follow. Taking the risk of a DUI arrest is just not worth it. To read more about the increase patrols click here. If we can help please contact our firm. Our years of experiance in handling these cases is a direct benefit to our clients.

Medical Malpractice Common in Medicade Program

noreply@blogger.com (Attorney W. Marc Hardesty) — Sat, 31 Jan 2009 02:44:00 +0000

The program established by former Gov. Jeb Bush to privatize Medicaid is fraught with problems that have resulted in the wrongful death of Floridians and particularly those in Northeast Florida. This scheme concocted by Bush has resulted in refusal or outlandish delay of medically necessary treatment to scores of patients. It has also resulted in nearly a quarter of the doctors quitting the program due to these problems. The program has resulted in directly causing instances of Medical Malpractice.
Unfortunately, the program targets Duval, Clay, Baker and Nassau counties. If you, a friend or family member has been the victim of Medical Malpractice or Medical Negligence please contact us.
Interestingly, Bush has recommended expansion of this system in spite of the medical harm and deaths it has caused. Profits over peoples lives and health is unacceptable. Click here to read the entire article.

State Farm Doesn't Want to be Your Neighbor

noreply@blogger.com (Attorney W. Marc Hardesty) — Wed, 28 Jan 2009 04:24:00 +0000

State Farm Insurance Company is threatening to stop selling certain property coverage in Florida because their greed has overcome their common sense. State Farm applied for a double digit rate increase but was denied the increase because they could not justify the outlandish profits they were trying to collect from Florida residents. Now they want to keep selling other policies including auto insurance because they did not hoodwink the insurance commission and get their way. Why would anyone with State Farm homeowners insurance that also has another type of insurance want to do business with a company like that? "Like a Good Neighbor, State Farm" is Where? To read more see this article

Veterans Deserve Top Notch Care

noreply@blogger.com (Attorney W. Marc Hardesty) — Sun, 18 Jan 2009 04:44:00 +0000

Our Veterans deserve the best level of medical care. These members of the armed forces have made many sacrifices that entitle them to quality medical care. Their response to our country in the many times of need were made quickly and with great personal sacrifice. They upheld their end of the bargain and so should the government. Unfortunately there is a pattern of Medical negligence that has occurred on a repeated basis. One such example is the Naval Hospital at Naval Air Station Jacksonville. We have seen multiple cases of medical error and neglect occur. If you or a loved one has been the victim of Medical negligence call us immediately. Two of our attorneys Marc Hardesty, a retired Army Lieutenant Colonel and Frank Ashton a retired Navy Commander are very familiar with Medical malpractice cases and the nuances of the Military. It is a unique qualification that gives us the edge in many cases. Please contact us if we can help.