Boca Raton Personal Injury Law Blog

Florida Provides Car Seat/Child Passenger Safety Seat Checks

2012-05-14T13:03:00Z

My wife and I recently had our car seats inspected in both cars and it was a quick, simple and very informative process. In addition to inspecting my car seat, the inspecting officer told me that a few items in the trunk of my SUV would become dangerous projectiles in the event of an accident unless they were properly secured. Items such as tennis rackets, golf clubs and other sporting equipment must be firmly secured with a cover (usually one that comes with your vehicle) to prevent them from flying forward in the event of a rear-end crash or rollover accident

Unfortunately, 96 percent of all car seats are installed improperly! At the mobile fitting station, certified Child Passenger Safety Technicians will check your child's car seat for proper installation, safety and recall status, and provide education.

Car crashes are the number one killer of children 1 to 12 years old in the United States. The best way to protect them in the car is to put them in the right seat, at the right time, and use it the right way.

]]> Florida law requires children under the age of five to be properly restrained no matter where they are seated in the vehicle. Babies and children up to age three must be secured in a separate carrier (child safety seat) or in a vehicle manufacturer's integrated child safety seat. For children ages four to five, a separate carrier, an integrated child safety seat or a safety belt may be used. If a safety belt does not fit the child correctly, a booster set should be used to correctly position the lap and shoulder belts once they outgrow forward facing child safety seats (generally at about 40 pounds and 4 years old). Children from approximately 40-80 pounds and under 4'9" in height should ride in a booster seat.

Infants must ride rear-facing until they are at least one year old and weigh 20 pounds or more. Rear-facing, the infant should be semi-upright at an angle or no more than 45 degrees. A forward-facing older child should ride sitting upright. A child should never be placed in a child safety seat in the front seat of a vehicle equipped with a passenger air bag. Always use the back seat. Violation of the child restraint law carries a fine of $60 and 3 points on the driving record.

Palm Beach County Fire Rescue provides free Child Passenger Safety Seat checks. Appointments are scheduled at various fire rescue facilities and other locations throughout the county. To schedule an appointment, call the Palm Beach County Fire Rescue at (561)616-7033. The number to call in Boca Raton is (561) 347-3931.

Older Drivers Susceptible to Left-Turn Boca Raton Car Accidents

2012-05-08T18:50:13Z

An interesting analysis by the Sun Sentinel of crash data in 2010 found that older drivers are involved in more left-hand crashes.

Left-turn accidents can be very serious. A late left turn leaves a vehicle open to a t-bone accident. Oncoming traffic may be travelling at high speeds and serious injuries can result from these collisions.

In a recent Boynton Beach crash several people were injured and a passenger was killed after the driver of the car attempted to make a left turn and was hit by another car. The driver of the car was 73 years old. This was not an isolated accident.

Broward County had 382 serious left-turn accidents involving drivers over the age of 70, in 2010, according to the Sun Sentinel analysis. Drivers over the age of 70 were also more likely than younger drivers to be seriously injured in these left-turn Florida auto accidents.

]]> Why Are Older Drivers at a Higher Risk?

The higher crash rates for the older drivers are attributed to slower response times. Any visual, physical or cognitive impairment makes negotiating a left turn more difficult. When vision and depth perception begin to fail, a driver may not be able to accurately judge the distance or speed of cars coming from the opposite direction. What commonly happens is that a driver pulls out too late and is struck by the oncoming traffic.

The national Insurance Institute for Highway Safety has also found through its research that the most common mistake for older drivers is failure to yield the right of way.

What Can Be Done to Avoid These Crashes?

More traffic signals with designated left turn arrows may be one way to reduce these accidents.

Another way to avoid a left-turn crash is to make several right turns. While the right turns might add a small bit of distance they can sometimes be quicker than waiting to turn left at a busy intersection.

Older drivers across Florida must be aware of the dangers. While left turns cannot always be avoided, more caution is needed as reflexes slow with age.

Source: Sun Sentinel, "Older drivers more vulnerable when making left turns," Angel Streeter and Dana Williams, May 2, 2012.

Fatal Accidents Spark Debate Over Senior Drivers in Boca Raton

2012-04-09T15:13:19Z

Two recent fatal car crashes in Delray Beach caused by senior drivers have again prompted questions about drivers licensing requirements for elderly drivers. In Florida, 442 automobile accidents were caused by drivers over the age of 65 in 2010, according to the Sun Sentinel.

In one of the recent March accidents, an 89-year-old driver backed over a woman killing her as she was coming out of a store after returning an item. A similar accident occurred when an 88-year-old driver backed her car over a sidewalk hitting and killing a woman on the sidewalk.

These types of accidents prompt questions about whether additional testing requirements should be required for senior drivers. Currently, Florida drivers do not need to take driving tests when they renew their licenses regardless of age. However, Floridians over the age of 80 must pass a vision test each time they renew their license.

]]> Texas enacted changes to senior licensing requirements following a tragic motor vehicle accident where a 90-year-old driver killed a teenager on her way to school. Now Texas drivers over the age of 79 must renew their license in person.

Anne McCartt, senior vice president for research at the Insurance Institute of Highway Safety, told the Sun Sentinel that renewing driver's licenses in person could reduce crashes. But the evidence remains mixed whether eye tests and in-person renewal requirements reduce accidents.

Illinois has gone one step farther and requires driver testing before renewal for older drivers. In Florida, however, the cost to test all drivers over a certain age could be prohibitive since 2.75 million drivers are over the age of 65. An accurate screening tool that would be easy to administer and affordable is not yet available.

For seniors who have concerns about their driving skills a voluntary driver evaluation can be completed at the Louis and Anne Green Memory and Wellness Center at the Florida Atlantic University. The evaluation includes a road test and generally takes several hours. Other transit options are available to seniors who can no longer drive safely.

Source: Sun Sentinel, "Fatal crashes involving senior drivers renew debate over licensing, testing requirements," Michael Turnbell, Diane Lade and Dana Williams, Mar. 20, 2012.

Leifer Law Firm Relocates to Spacious New Offices

2012-03-30T16:27:29Z

The Leifer Law Firm has officially moved to new and more spacious offices.

The new address is: 1200 North Federal Highway, Suite 320, Boca Raton, Florida 33432.

The new office space is approximately 3000 square feet and provides more room for attorneys and staff with a location in the heart of downtown Boca Raton for ease of client access. The new office is conveniently located at the intersection of Federal Highway and Glades Road.

Antidepressants Taken During Pregnancy May Injure Baby

2012-03-20T21:58:24Z

According to a recent study published in the British Medical Journal, women who take serotonin reuptake inhibitors, or SSRIs, to treat depression while pregnant risk having children with pulmonary hypertension. The link has been suspected for some time, but the new study strengthens the evidence that a connection exists and can be a Zoloft side effect.

Pulmonary hypertension can lead to brain or lung damage, organ failure or death. The condition is caused by high blood pressure in the arteries of the lungs. A newborn child born with pulmonary hypertension is unable to breathe on his or her own. Lifelong consequences can result. A cure is not currently available to treat the condition, but treatment can prevent additional lung damage.

]]> Findings from the New Study

During the study, researchers looked at almost two million birth records in Scandinavia, specifically Denmark, Finland, Iceland, Norway and Sweden from 1996 to 2007. After eliminating other factors that may contribute to babies being born with pulmonary hypertension - such as obesity, smoking and diabetes - researchers found that women who took SSRIs while pregnant were two times more likely to give birth to a child with the condition. The risks were highest for women who used SSRIs late in their pregnancy.

Despite these findings, however, some medical experts say that the risk of a child developing pulmonary hypertension is slight and should not deter women from taking antidepressant medications if they need them.

In fact, some experts say that not treating depression with SSRIs - which include medications such as Celexa, Paxil, Lexapro and Zoloft - may cause more harm to unborn babies than actually using the drugs. Research indicates that women who have untreated depression may delivery their babies prematurely or have children with a low birth weight. In addition, women who stop taking antidepressant medication while pregnant face a high likelihood that their depression will return.

According to Dr. Ariela Frieder of Montefiore Medical Center, the best thing for medical professionals to do is weigh the pros and cons of prescribing antidepressant medication on a case-by-case basis.

Source: New York Times, "Antidepressant Use Linked to Increased Pulmonary Hypertension Risks in Infants," KJ Dell'Antonia, Jan. 13, 2012.

FDA Taking Another Look at Surgical Mesh Complications

2012-02-07T15:03:00Z

The Food and Drug Administration (FDA) is reconsidering its stance on mesh implants after receiving more than 1,500 complaints between 2008 and 2010. The FDA may reclassify transvaginal mesh implants into a higher-risk category.

Since the 1990s mesh has been used in pelvic organ prolapsed (POP) surgeries, to treat a condition in which a woman's abdominal organs bulge into the vaginal area after a weakening of the tissue that holds the organs in place. Reuters reports that in 2010 approximately 75,000 women underwent POP surgeries in which mesh was used.

]]> Initial Accelerated Application Process

Much of the mesh used in these surgeries was cleared for use by the FDA under the 501(k) accelerated application process. This process allows manufacturers to avoid conducting clinical trials involving people, if the product they are seeking clearance for is substantially similar to a product that the FDA has already cleared for use. During POP surgery, mesh is surgically inserted to reinforce the weakening tissue.

However, many women experience adverse side-effects from the mesh, including:

mesh erosion,
bleeding and
infection

Due to the number of complaints about the side effects of the mesh, Reuters notes that mesh complications were "not rare" and, in fact, surgeries involving mesh may put patients at "greater risk than other surgeries and treatments."

Additionally, the FDA is calling on manufacturers to conduct studies of the risks and benefits of using the mesh for POP and urinary incontinence surgeries. The FDA is asking these companies to look into the side effects and the overall quality of life for women who have undergone surgeries involving their mesh.

Source: Reuters, FDA wants new studies on surgical mesh implants," Anna Yukhananov, Jan. 5, 2012

Tylenol: Is it Dangerous to the Liver?

2012-01-24T14:04:00Z

Most people use over the counter pain medication such as Tylenol or Advil to treat general aches and pains from time to time. Especially as we age, those minor complaints, such as a sore knee from running or a lower backache from a day spent in an office chair, increase in frequency.

The Food and Drug Administration attributes approximately 500 deaths a year in the United States to acute liver failure caused by Tylenol overdose. A newly published study raises concerns about the dangerous effects of taking a little too much Tylenol (acetaminophen) over a long period. The danger of liver failure has now been linked to gradual or staggered Tylenol overdoses.

While acetaminophen, when used appropriately, may not be a dangerous drug, the label and dosing instructions may need to be reviewed more carefully by the manufacturer to ensure consumers are being appropriately warned of the dangers of routinely taking a larger dose.

]]> Dangers of a "Staggered Overdose"

Tylenol is extremely common, but it is still a powerful drug. Researchers have found that those who take more than the recommended dose of Tylenol on a regular basis are at a higher risk of death than those who take a single overdose of acetaminophen.

Forbes reports that doctors have a harder time identifying the "staggered overdose" in time to help the patient. A "staggered overdose" might happen over several days when a couple extra pills are consumed as opposed to a single overdose where a whole bottle of pills is taken at one time.

The treatment for an acetaminophen overdose is a chemical called N-acetyl cysteine, which protects the liver from damage. What researchers found was that the chemical was effective in a single overdose, but when the overdoses are smaller and over a longer period, the damage has already occurred before the patient reaches an emergency room and the chemical is largely ineffective.

The dangers of liver damage and possible liver failure from increasing a Tylenol dose on a routine basis should be made clear to consumers.

Source: Forbes, "Deadly Dangers from Drugstore Pain Meds a Painful Surprise," Melanie Haiken, Jan. 17, 2012

NTSB: Put Aside the Cellphone and Focus on Driving

2012-01-17T14:03:00Z

With evidence mounting that any type of cellphone distraction in a moving car can lead to a deadly accident, the National Transportation Safety Board (NTSB) has made sweeping recommendations to eliminate the danger.

The NTSB called for all states to ban talking, texting and emailing while driving - including talking on hands-free devices. While not every state is necessarily prepared to institute a complete ban on cellphone use by drivers, the NTSB's recommendation brings visibility to an important safety issue and seeks to reduce the number of auto accidents.

While the NTSB does not create the law, its recommendations are meaningful to both state legislators and federal regulators. The agency also called for strong enforcement of existing laws.

]]> Florida Law on the Use of Cellphones While Driving

As in other states, Florida's laws on the use of cellphones fall short of the NTSB's recommendation. Although Florida lawmakers have tried to make texting while driving illegal, Florida remains one of only 15 states that do not ban the practice.

A Florida state senator's current proposal would ban texting while driving for all drivers, making it a secondary offense. Texting while driving would encompass typical texting in addition to writing instant messages and emails. A first violation would net a $30 fine; a second within five years would result in a $60 fine and three to six points on the driver's license, depending on whether the violation caused a crash. Another bill would block Florida minors, and possibly bus drivers, from using cellphones while driving.

Florida distracted driving can result in serious injuries and even death for drivers, passengers and pedestrians. Whether or not the current proposed legislation passes, Florida drivers must remain vigilant and avoid negligent driving.

Source: Tampa Bay Times, "Federal agency calls for total ban on all cellphone use while driving," Dec. 14, 2011

Transvaginal Mesh Surgery Carries Risk of Harm

2011-12-19T13:04:00Z

Female incontinence is a growing problem. Nearly 30 percent of American women experience some form of urinary incontinence. Although the incidence of incontinence increases with age, it affects women in all age groups.

One of the most common types of female urinary incontinence is stress incontinence. Generally, this is experienced as leakage of urine during activities that jar the bladder - such as coughing, sneezing, running or jumping.

Stress incontinence usually occurs because the bladder is not well supported inside the body. Women who experience stress incontinence often undergo surgery to implant a small sling - called transvaginal tape or transvaginal mesh - that goes under the urethra and prevents incontinence by keeping the urinary organs in their correct positions.

Unfortunately, transvaginal mesh surgeries may result in serious complications.

]]> Mesh Can Erode or Shrink, Causing Injury

According to the federal Food and Drug Administration, serious complications related to transvaginal mesh implementation are prevalent.

Over time, the mesh can erode or shrink, causing pain and shortening or tightening of the vagina. Mesh erosion can be debilitating. In some cases, even multiple surgical interventions cannot repair the damage.

Many women who experience mesh erosion or shrinkage are unable to engage in sexual intercourse because it causes severe pain. Exposed mesh may also injure their sexual partners.

It is becoming increasingly clear that transvaginal mesh is a dangerous and defective medical device. Women considering a transvaginal mesh surgery should be sure to fully discuss the procedure with their doctors and make sure they understand all the risks associated with the surgery.

If you have suffered complications or injuries following a transvaginal mesh surgery, you may have legal recourse. Contact an experienced products liability attorney who can explain your options.

Source: NBC 2, "Heath Matters: Female Incontinence, a Going Problem," Nov. 29, 2011

New Tolling System Reduces Florida Car Accidents

2011-12-05T18:16:15Z

In an attempt to cut down on congestion and reduce the rate of motor vehicle accidents, the Florida Turnpike has abandoned its old-fashioned tollbooths and switched to a new "cashless tolling" system. Boca Raton car accident attorneys and safety advocates throughout the state hail the move as a good step toward reducing the risk of accidents for Florida drivers.

Cashless tolling snaps a photograph of a vehicle's license plate as it passes through a designated tolling areas. Vehicle owners then receive a bill for their toll in the mail. Alternatively, drivers can purchase a SunPass transponder that automatically deducts toll charges from a designated account.

]]> Cashless Tolling Designed to Minimize Congestion and Crashes

The new system was introduce partially in response to the increasing number of rear-end accidents at tollbooths. Because of back-ups in the toll line, these collisions led to multi-vehicle chain reactions. Numerous drivers risked injury during these accidents.

The new system appears to be working well. In the first six months since the Turnpike Extension completed its transition to cashless tolling, only eight motor vehicle accidents occurred within a quarter-mile of toll plaza locations. During the same time period last year, there were 33. Overall, the number of "bumper car" style accidents has been reduced by nearly 76 percent.

Of course, the system is not without its flaws. Some residents have gotten caught up in billing snafus when the cameras misread their license plates or the state didn't have their proper address on file. Others are decrying the change as an invasion into their personal privacy.

Despite these objections, it looks like Florida's cashless tolling system is here to stay. Considering how much safer the turnpike has already become, even the most stubborn Floridians will eventually view this as a good thing.

Source: The Miami Herald, "Some Drivers Get Dinged by Open-Road Tolling" Adam H. Beasley, Nov. 9, 2011.

City Council Passes Texting Ban in West Boca Raton

2011-10-31T14:59:13Z

Florida remains one of the few states to still allow cellphone use while driving. However, various cities are taking action and banning texting while driving. According to the Insurance Institute of Highway Safety (IIHS), drivers who use handheld devices while driving are four times more likely to get in a Boca Raton car accident.

According to the IIHS, composing, sending and reading text messages compromises the drivers' control of the vehicle. A 2010 crash statistics report from the Florida Department of Highway Safety and Motor Vehicles found that careless driving contributed to more than 23,000 accidents. Of those accidents, 40 percent resulted in injury and 19 percent were fatal.

]]> Port St. Lucie Texting Ban

While distracted driving legislation has stalled in Tallahassee, Port St. Lucie recently adopted a city texting ban. The Mayor of Port St. Lucie, JoAnn Faiella, hopes statewide legislation will pass in the next legislative session to promote uniformity.

The Port St. Lucie ban is designed to reduce the number of injuries and death that result from car accidents. Currently, the police department will not specifically cite drivers if they are caught texting and driving. However, if a crash investigation shows that a driver was texting, he or she will receive a citation for careless driving.

The police department is using an educational campaign to get out the message that texting while driving is dangerous. If a statewide ban on texting is passed then drivers would be cited if they are observed texting and driving on city roads.

Statewide Legislation Proposed for 2012 Session

A statewide ban on texting while driving failed to pass last legislative term. But four distracted driving bills have already been filed for the 2012 legislative session. One of the proposed bills targets texting, e-mailing and instant messaging while driving. However, police would only be able to pull over violators and issue a citation, if they had been stopped for a separate driving offense.

Many in Boca Raton support the proposed bill, even though many residents admit to texting behind the wheel. Florida personal injury attorneys hope that educational campaigns combined with a texting ban will continue to reduce the accidents caused by texting and driving.

Source: Port St. Lucie Supports Florida ban on Texting while Driving

Welcome to Our South Florida Personal Injury Blog

2011-09-28T23:58:17Z

When you have suffered a serious injury in an accident that was not your fault, an experienced and dedicated lawyer can be of great assistance and look out for your rights. Florida's legal system can be confusing and intimidating, with a unique set of rules and a language of its own. An attorney who understands the law and the process can help you evaluate your options and make the right decisions.

At Leifer Law Firm, we assist clients throughout Boca Raton and all of South Florida who have been injured in an accident that was not their fault. We know how to quickly determine the next step in your personal injury case.

Contact our office by e-mail. You can also reach us by phone at 561-395-8055 or toll free at 877-395-8055 to discuss your injury with an attorney.

Our Personal Injury Blog

We established this blog to provide valuable information to individuals throughout Boca Raton and across South Florida who have been injured in an accident that was not their fault. We will regularly update this blog, posting on a wide range of personal injury topics, including auto accidents, defective products, medical malpractice, premises liability and wrongful death.

We welcome your participation in the discussions on this blog. Feel free to comment on posts that interest you.

It's important to note that the stories and cases reported on this blog are not meant to implicitly or explicitly depict cases actively handled by our firm. In most cases, the blog will simply be covering cases similar to those we are interested in handling.

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