Farah and Farah Legal Blog

Last month, the outstanding Actos lawsuits pending in federal courts around the country were consolidated before Judge Rebecca F. Doherty in U.S. District Court for the Western District of Louisiana. That decision was made by the U.S. Judicial Panel on Multidistrict Litigation (JPML), a federal panel that decides how to handle the massive number of personal injury cases that result from the same defective product. The JPML determined there were common questions of law among the thousands of plaintiffs to merit the consolidation of pretrial proceedings. This saves plaintiffs money in that their lawyers can all share information gathered from Asian drug maker Takeda Pharmaceutical Co. and its co-defendant, Eli Lilly & Co.

A question yet to be answered is whether the drug maker and distributor withheld adequate warning from doctors and consumers, thereby failing to give users informed consent about the potential risk for bladder cancer.

When used for more than one year, Actos (pioglitazone) may increase the risk of bladder cancer. According to the U.S. Food and Drug Administration (FDA), a review of data found those patients who had taken the drug for the longest period of time had the highest risk of bladder cancer.

Actos is still sold in the U.S., but sales have been suspended in France and Germany after users developed bladder cancer after long-term use of the drug. Actos is used by patients to lower the blood sugar level in patients suffering from type 2 diabetes. During the first 10 months of 2010, about 2.3 million patients filled a prescription for a drug containing Actos. Doctors have been warned not to prescribe Actos to patients who have active bladder cancer.

If you have suffered adverse side effects from using Actos, the Jacksonville Actos attorneys with Farah & Farah can help you obtain compensation for your injuries and health problems. Please call (800) 533-3555 for a consultation with our law team.

Source: http://www.fda.gov/Drugs/DrugSafety/ucm259150.htm

A number of U.S. Representatives are asking the Energy & Commerce Committee to conduct hearings on medical devices that are causing serious injuries to patients, including transvaginal synthetic mesh.

Mesh is frequently used to treat pelvic organ prolapse and stress urinary incontinence in women. The synthetic material, made from polypropylene, a petroleum-based product, is implanted vaginally in a blind procedure. Thousands of women have complained of intense pelvic pain as the mesh migrates in the body and erodes through organs. In many cases, women opt to have it taken out, but this implant is intended to be permanent and there are few qualified surgeons in the country who can remove it all.

The Democrats, Henry Waxman, Diana DeGette, and John Dingell, sent a similar request for a hearing on two other defective medical devices last October, but those hearings were never scheduled. In the letter, committee members are reminded that the U.S. Food and Drug Administration (FDA) has seen a five-fold increase in the number of complications associated with transvaginal mesh.

Synthetic mesh is considered a Class II medical device, but just last week the FDA announced it was considering making it a Class III device. At the same time, the FDA sent letters to 33 manufacturers to plan to conduct three years of post market studies to get an accurate picture of the complication rate. At the present time, there is no accurate accounting of the number of complications associated with implanted synthetic mesh.

The transvaginal mesh failure lawyers in Florida of Farah & Farah are talking to women who are experiencing complications following the placement of transvaginal mesh for pelvic organ prolapse and incontinence. These cases will move forward sometime in 2012 to bring some remedy to the thousands of injured women.

As with many product liability actions, there is a limited time period within which to talk to an attorney. Farah & Farah have an experienced and compassionate staff who understand how to listen. Call us at 1(800) 533-3555 to start the process.

Source: http://democrats.energycommerce.house.gov/index.php?q=news/democratic-committee-leaders-call-on-committee-republicans-to-hold-hearings-on-dangerous-medica

No one was sure if the St. Augustine father of five who received critical head injuries in a hit-and-run collision would even survive. Now the hit-and-run victim has returned home and is facing a long road to recovery.

The 30-year-old man was on a scooter Friday, January 6, going to his construction job around 5:40 a.m. when he was hit by an SUV from behind. The collision happened on Old Moultrie Road, and the driver was arrested a short time later. The crash victim spent a week in the intensive care unit at Flagler Hospital in St. Augustine with doctors not certain of his future.

With severe scrapes from road rash and internal injuries, including brain swelling, he recovered enough to receive some outpatient therapy, but years of rehabilitation lie ahead. On Wednesday, January 18, he celebrated his son’s first birthday, according to an article by News4jax.com.

Traumatic Brain Injury

As with most traumatic head injuries, cognitive skills, including memory and reasoning, are affected. Devastating head injuries are costly and when you are disabled, paying for the medical and rehabilitative costs associated with your accident, as well as lost wages, is overwhelming. The news includes information on how the public can contribute to this hit-and-run victim’s ongoing care.

In the case of devastating injuries resulting from an auto accident, an experienced Florida auto accident injury attorney can determine the at-fault party who will be responsible for all of the costs associated with the crash. In this case, the hit-and-run driver did not have any insurance, but may be ordered to pay restitution as a result of a criminal conviction.

The St. Augustine hit and run accident attorneys with Farah & Farah will explore all of the avenues to bring justice to a victim of an auto accident or a hit-and run collision.

Source: http://www.news4jax.com/news/Hit-and-run-victim-returns-to-family/-/475880/8282092/-/12bwhup/-/index.html

10News in Tampa reports that a 14-year-old Lakeland High School student was killed Tuesday afternoon, January 17, after she was hit by a school bus as she crossed the street after school was let out. A substitute driver was behind the wheel of the bus, which had 28 students from Southwest Elementary School. The young teen was heading across West Beacon Road when the bus driver made a left turn and hit her. The teen was taken to Tampa General Hospital where she was pronounced dead at 4:37 p.m.

Our sincere condolences go out to the friends and family of this young girl. Please keep the family in your prayers. Her school was devastated upon hearing the news, and counselors were made available to students.

Dangerous Intersection?

Parents claim the intersection of West Beacon Road, just south of Camphor Drive, is a dangerous intersection because of the speed of traffic and the lack of crossing guards. Lakeland Police are investigating what condition led to this tragic death.

None of the school children on the bus were injured.

The National Transportation Safety Board (NTSB) reports that school buses are one of the safest forms of transportation, but that accidents usually involve pedestrians near a school bus. The state reports that between 1998 and 2002, there were four children killed while preparing to get on or depart a school bus.

Oftentimes, it is the carelessness of motorists who fail to stop when in the vicinity of a school bus that leads to the fatalities of school children. If you or someone you love has been injured in a pedestrian accident, the Lakeland pedestrian accident attorneys with Farah & Farah can help you obtain compensation for your injuries. Call 1(800) 533-3555 for a free consultation.

Source: http://www.wtsp.com/news/article/232774/8/13-year-old-Katlyn-Rickman-killed-after-Lakeland-school-bus-crash

The National Highway Traffic Safety Administration (NHTSA) issued a statement on January 5 concerning the potential risk of fires in the electric-powered Chevrolet Volts. A fire broke out in the defective vehicle in June and the NHTSA opened an investigation into the safety of the Volt in November. The initial investigation, which was a collaboration of the Department of Defense and Department of Energy, showed that when an intrusion into the battery is combined with a leakage of coolant, fire can be sparked in the 400-pound lithium ion Volt battery pack.

There were no real world crashes that resulted in fires in the Chevy Volt, but fires occurred days after the federal safety tests and could be replicated in laboratory tests. The NHTSA did crash a Chevy Volt retrofitted with a General Motors steel reinforcement, which proved effective against a steel pole intrusion into the battery compartment. The investigation into the Chevy Volt should be concluded soon, according to the automaker.

About 8,000 Volts have been sold in the U.S. and beginning in February, consumers can bring their vehicles into the dealerships to receive the fix while General Motors avoids a massive auto recall.

Defective Vehicle

A vehicle can be defective in its design or in its manufacture. When the defective component of the vehicle has the potential to cause consumer injuries, the injured victim can file a product liability action against the manufacturer, the designer, or anyone involved in distribution. You should not have to go it alone if you are injured by a defective vehicle. Farah & Farah’s Florida auto defect attorneys are ready to answer your questions at (800) 533-3555.

Source: http://www.nhtsa.gov/About+NHTSA/Press+Releases/2012/Statement+of+National+Highway+Traffic+Safety+Administration+On+General+Motors%27+Plan+to+Address+Potential+Fire+Risk+in+Chevy+Volts; http://www.foxbusiness.com/industries/2012/01/09/gm-exec-volt-investigation-likely-to-end-soon/

The Carnival cruise liner, Costa Concordia, capsized late last week in Italy alongside Giglio Island. According to a New York Times article, five more bodies were discovered today, January 17, bringing the reported number of known dead to 11, leaving as many as 24 individuals still unaccounted for. Italian officials have stated that two Americans are in the group of missing people.

There is no doubting the severity of cruise ship passenger disappearances. With so many questions still unanswered at this point regarding the Italy cruise liner accident, an investigation will examine the events before and after the accident further. However, it has been reported that the cruise ship’s captain failed to follow regulation by straying from an established, computerized course. His apparent reasoning for doing so was to have the people of Giglio Island admire the $450 million liner carrying 4,200 people consisting of passengers and crew members. The crash occurred on rocks and within swimming range of the island. The captain has been detained and a judge is expected to determine whether he should be formally arrested and charged with criminal offenses for his actions and abandoning the ship while others were still aboard.

Aside from safety concerns as to oversight in the cruise industry, another liability issue is the potential of the ship starting to spill some of the 500,000 gallons of fuel onboard into waters containing a maritime wildlife sanctuary for whales, dolphins, and porpoises.

The Chicago Tribune reports that because of the crash, the owner of the cruise ship, Carnival, expects to experience a hit of approximately $90 million due to the boat now being unavailable for use for the remainder of the year. As its main booking period continues, the entire cruise ship industry will have to prove itself to customers by stepping up its safety standards and restoring confidence after such a devastating accident.

As this tragic incident demonstrates, companies in charge of cruise ship maintenance, operation, and employment have many responsibilities to customers and crew members. As Florida cruise ship accident attorneys, we have seen first-hand how traumatic the aftermath of such accidents is for passengers and crew members with regard to physical injury, emotional suffering, and financial burdens. Such accidents are all the more devastating for families of loved ones killed. If you have any questions about a cruise ship accident that has affected your life, contact our lawyers today for a free consultation.

Source: http://www.chicagotribune.com/business/breaking/chi-italy-accident-sends-shock-waves-through-cruise-industry-20120116,0,2976778.story; http://www.nytimes.com/2012/01/18/world/europe/rescuers-search-for-survivors-in-italian-cruise-ship-accident.html

A 20-year-old Gainesville driver, who apparently started a five-car crash, has had his medical status upgraded from critical to good condition. The young man is at Shands at the University of Florida after a January 7 crash that began when the northbound driver ran a red light at Second Avenue and Southwest 34th Street in Gainesville. His Kia sedan first rear-ended a car stopped at a red light at University Avenue. Then, according to a Gainesville Sun report, a chain reaction was set off, causing the Kia to overturn onto its roof.

Altogether, five vehicles were involved in the car crash, which also injured three people in the vehicles involved. A witness says the Kia was traveling about 50 or 60 mph when he hit the cars ahead and his vehicle ricocheted off and into other cars. No charges have been filed. The Kia driver had to be extracted from his vehicle by first responders.

Distracted Driving

We don’t know if this driver is guilty of texting or otherwise distracted driving, but that is one of the first things investigators will uncover by looking at his cell phone records.

Florida is still one of 15 states without any ban on texting or cell phone use while behind the wheel and during this year’s legislative session it will again be addressed, but as in the past, there seems to be very little incentive to enact any bans in Florida.

A bill introduced by Sen. Nancy Detert, R-Venice, would punish drivers as a secondary offense if found texting while driving. Like our early seat belt laws, that means law enforcement could not pull you over for texting, but would have to pull you over initially for some other offense such as reckless driving or speeding. Florida distracted driving accident lawyers suggest drivers in the Sunshine State keep an eye on SB 416 over the next two months as it could be the first step to addressing a dangerous situation.

Source: http://www.gainesville.com/article/20120109/ARTICLES/120109570

The wife of a man who was a victim of a St. Augustine hit-and-run is praying for his life and is asking the public to do the same. The 30-year-old man was on a scooter on his way to work around 5:30 Friday morning, January 6, on Old Moultrie Road when he was rear-ended by a 2004 Windstar minivan. The driver left the scene and left the father of five to die on the side of a St. Johns County road. A person who saw the news report on television called a tip into police who arrested a 43-year-old man, who is currently behind bars.

The hit-and-run victim’s wife told Channel 4 that they were middle school sweethearts and that she wants to know how someone could leave an injured person on the side of the road. She told a reporter on News4Jax.com that she is praying for her husband and wants the community to do so also, and she prays for the man who hit her husband. The only bit of good news is that the doctors did a reflex test on the hospitalized man and he responded, which is considered a positive sign.

Hit-and-Run Crashes

There have been a high number of pedestrian injuries and deaths, as well as hit-and-run incidents of late. There are an estimated 400 pedestrians killed every month across the U.S., and Florida is always among the top states in the number of hit-and-run crashes.

The Florida hit and run accident attorneys with Farah & Farah are offering some incentive to help get these dangerous drivers off the road. If you have knowledge about a hit-and-run driver and turn him into authorities, a group of personal injury attorneys around the country will offer a financial reward of $1,000 if that person is later convicted. Call Hit-and-Run Reward at 1(800) 644-8678. You can remain anonymous, and we thank you for any information you can provide.

Source: http://www.news4jax.com/news/Wife-of-hit-and-run-victim-speaks/-/475880/7660774/-/e0jbehz/-/index.html

Consumer safety groups want to know if the U.S. Food and Drug Administration (FDA) actually looked at safety data before declaring silicone breast implants safe last year. The Washington Post quotes the National Research Center for Women and Families in a January 4 story stating that one in five, or 20 percent, of women will have to have their silicone breast implants removed and/or replaced within five years because of complications. The FDA decided last summer that silicone implants are basically safe, but that women must understand what can go wrong. An outside FDA panel of experts echoed the same conclusion and decided the controversial implants should stay on the market.

In a letter to the FDA, the group’s president asked why industry shows a decline in complications in silicone breast implants over time, and also questioned why the FDA did not share information from industry studies that show women seem to suffer a reduction in emotional and physical well-being after they’ve had the implanted breast medical devices.

The controversial implants are made by Allergan Inc. and Mentor, a division of Johnson & Johnson, who provided the FDA with data on safety and effectiveness in an eight and 10-year study.

Silicone gel breast implants have been controversial for more than 20 years. They were banned from the market in 1992 for fear the defective implants might cause cancer or auto-immune diseases. From 1992 to 2006, only saline implants were available for women who wanted to enhance their breast size or who requested implants following breast surgery. But silicone-filled implants returned to the market in 2006 with the FDA requiring the manufacturers to conduct post-implant studies.

A product is considered defective if it causes harm to the user. A defect can be in the manufacturing of the product, its design, or in its marketing. Farah & Farah’s Florida product liability attorneys understand how to determine where the defect exists and hold the manufacturer and those in the line of distribution responsible for your injuries.

Source: http://www.washingtonpost.com/business/technology/womens-health-advocates-question-fda-about-missing-safety-data-on-silicone-breast-implants/2012/01/05/gIQA2LO4cP_story.html

A mother and her young child were injured and hospitalized after a wreck with a school bus early in the morning on January 5. It happened on the Eastside of Jacksonville when witnesses say the woman, driving a Dodge pickup truck, tried to pass the bus as it was stopped with flashing light to load students at the corner of Egner and 11th streets. When the bus began to pull forward, it collided with the pickup truck trying to pass on its left, which caused the pickup to overturn several times and come to a rest on its side in someone’s front yard.

The Jaws of Life were used to remove the mother and child through the roof. The students were on their way to Pinedale Elementary School and neither the students nor the bus driver were hurt, but the mother and child were hospitalized, though The Florida Times-Union says their injuries are not life-threatening. The child was reported to be in a child car seat.

According to News4jax.com, charges will likely be filed against the mother as a result of the collision. Let’s all pray that the mother and child are not seriously injured.

Florida School Bus Law

Florida Statute 316.172 says that a driver must bring his or her vehicle to a full stop when approaching a school bus with its stop signal and lights displayed. The vehicle may not pass the school bus until the signal has been withdrawn and the lights are off. To pass the bus with the stop signals on is a moving violation. The only exception is if you are coming from the opposite direction on a divided highway with a median of at least five feet. Bottom line – stop when you are in the vicinity of a school bus with its flashers on and let those behind you know you are preparing to stop by slowing down. It’s not only the law, but the Jacksonville bus accident lawyers at Farah & Farah remind drivers that you may save a young life.

Source: http://www.news4jax.com/news/2-injured-in-wreck-with-school-bus/-/475880/7647966/-/6macrz/-/index.html; http://jacksonville.com/news/crime/2012-01-05/story/mother-child-injured-after-collision-jacksonville-school-bus