2012 February Archive

Coming on the heels of the fatal Costa Concordia grounding, yet another Costa Crociere SpA luxury liner, which is owned by Miami-based Carnival Cruise Lines, is in trouble.

The Costa Allegra, which has over 1,000 passengers aboard, found itself dead in the water in the Indian Ocean after a fire in the engine room shut down all power to the ship. The Daily Beast reports that the fire was put out fairly quickly and was confined to the generator room. However, passengers were told to gather at their muster stations with lifejackets on and to be ready to abandon ship at any moment.

The Allegra was stalled off the coast of Tanzania, prompting rescue crews and Coast Guard ships to race to the scene because of fears that the crippled cruise liner would be easy prey for Somali pirates who frequent the waters in the area. A French trawler that answered the SOS call towed the ship back to Seychelles Island.

An Italian Coast Guard spokesman says that the toilets have not been working since the fire knocked out power and Costa Crociere officials have offered bottles of mineral water for “personal hygiene needs.” Passengers have endured three days of sweltering temperatures on deck because the air-conditioning was also disabled and hundreds of flashlights have been issued because there are no lights onboard.

So far, there have been no reported injuries.

The Florida cruise ship accident attorneys at Farah & Farah are keeping close tabs on this story as it develops and we certainly hope for the safe return of all passenger and crew. If you have questions or want to discuss your legal options following any cruise ship incident, please call us at (800) 533-3555.

Sources: http://news.nationalpost.com/2012/02/29/costa-allegra-passengers-face-sweltering-conditions-with-no-power/; http://www.thefloridanewsjournal.com/2012/02/28/crews-race-save-powerless-cruise-ship-coast-somalia

If it is up to the U.S. Department of Transportation (USDOT) you won’t be tweeting, retweeting, or playing Farmville on Facebook while you’re in your car — at least not when it’s in motion. In a move designed to limit what the USDOT sees as the growing problem of distracted driving in Florida and throughout the nation, it has released non-binding guidelines that call for automakers to design certain in-car devices that would only work when the car is in park. The USDOT is targeting devices that allow manual texting, access to the Internet, 10-digit phone dialing, and the like.

“DOT is on the right path,” Barbara Harsha, executive director of the Governors Highway Safety Association wrote to Bloomberg.com in an email.

According to the National Highway Traffic Safety Administration (NHSTA), in 2010, 3,092 people lost their lives because of distracted driving. And those numbers could easily increase. One automotive data provider is predicting that the number of smartphone and embedded-connectivity devices installed into new cars and light trucks will increase by 29 percent this year – and they will be fitted into all new cars by the year 2026.

Electronic warning devices like lane-departure and collision alert systems would not be affected by the guidelines. David Strickland, head of the NHTSA, said the idea isn’t to ban in-car communication systems entirely, just to simplify them and to reduce their use while driving.

The law firm of Farah and Farah is all for making Florida’s roads and highways safe from distracted drivers. If you have been injured in an accident because of a distracted driver, our Florida car accident lawyers are ready to take your call at (800) 533-3555. The call is free and confidential.

By Eddie Farah

A wrongful death suit has been filed by the parents of a Florida A&M band member who died November 19, 2011 after a hazing incident on a band charter bus. The suit, which is being brought against the bus driver and the owner of Fabulous Coach Lines, alleges that the bus company has been knowingly participating in hazing activities for years.

The victim, a 26-year-old drum major, collapsed and died of blood loss after suffering several blunt force wounds during the hazing. The suit goes on to allege that the bus where the hazing took place — Bus C — was specifically set aside for the activity. The attorney for the victim’s parents also alleges that the bus and the air-conditioning were running and that the driver was standing guard outside the door — at one point forcing the student back in to the bus after he had exited the bus at one point to vomit.

According to CNN, some band members said the victim died in a ritual called “Crossing Bus C” — an initiation where pledges are kicked and beaten while running down the center aisle of the bus. The Orlando medical examiner’s office ruled the death a homicide, and Florida A&M and law enforcement agencies are still investigating the case. No criminal charges have been filed yet in connection with the incident.

Wrongful Death in Florida

Wrongful death civil lawsuits can be complicated because the family must prove that the death was caused at least in part by the defendant(s) and that the death caused emotional and/or monetary damages. That is why you need the experienced team of Tallahassee wrongful death attorneys at Farah & Farah to steer you through this often complex process. If your family has suffered because of an unnecessary and avoidable loss, please call us at (800) 533-3555 so we can discuss your case.

Four years after contaminated batches of the widely used blood-thinning drug heparin were implicated in some serious adverse reactions and deaths, the Food and Drug Administration (FDA) has issued recommendations to ensure the safe production of the drug.

The proposed guidelines —which target manufacturers of the active ingredients, finished product, and others — are designed to improve quality-control procedures to prevent future contamination of heparin. Contamination involving the active ingredient oversulfated chondroitin sulfate (OSCS), which was made in China, was blamed for the 2008 heparin scare, which resulted in 785 serious injuries and 81 deaths. The incident raised an outcry in the U.S. over lack of oversight and inspections in foreign facilities.

Heparin, which is widely injected into kidney dialysis patients to prevent blood clots, is naturally derived from pig intestines. OSCS, which can mimic heparin, does not occur naturally and is man-made. The FDA’s guidance document declared that, “OSCS contamination of heparin appears to be an example of intentional adulteration, and has also been referred to as economically motivated adulteration.”

In other words, it was done purposely to cut production costs.

The FDA draft document recommends that every shipment of crude heparin be inspected for OSCS before it is manufactured. It also suggests that heparin manufacturers regularly audit their suppliers.

Keeping Drugs Safe

We applaud the FDA’s recommendations to make our drug-supply chain safer. However, the fact remains that many people were injured or killed as the direct result of intentional drug adulteration. Why? Just to save some money. The Florida heparin injury lawyers at Farah & Farah believe that this kind of behavior is inexcusable and should not stand. Ever. If you or a loved one has been harmed because of willful negligence by a manufacturer, call us at (800) 533-3555.

By Eddie Farah

Can long-term exposure to antidepressants actually make you more susceptible to long-term depression? According to Dr. Peter Breggin, who writes for The Huffington Post, they can and he cites a recent study to back up his assertion.

The study, which reviewed antidepressant literature, concluded that after showing initial positive results from the use of antidepressants, patients can became resistant to treatment and actually see their depression worsen. The study labeled the phenomena “tardive dysphoria” — a process where long-term use of antidepressants might actually perpetuate depression and contribute to chronic, treatment-resistant depression.

Depression affects five percent of people worldwide and six percent of Americans. In fact, antidepressants are the second most prescribed group of drugs in the United States.

According to Breggin, studies show that Selective Serotonin Reuptake Inhibitor (SSRI) antidepressants contribute to apathy and disengagement in adults and can cause brain injuries, such as cognitive and frontal lobe function losses. Other studies indicate that exposure to SSRI’s may result in persistent biochemical changes in the brain.

Growing Concerns

This and other studies are adding to the growing list of literature on the negative side-affects of antidepressants — from heightened violence and suicide risks in some patients to a higher risk of birth complications, including birth defects.

The Jacksonville dangerous drug attorneys at Farah & Farah will continue keeping tabs on developments concerning antidepressants and their harmful side effects. If you think a drug you have taken has harmed you, please give us a call at (800) 533-3555 so our knowledgeable team can investigate your claim and start working on your case right away.

Sources: http://www.huffingtonpost.com/dr-peter-breggin/antidepressants-long-term-depression_b_1077185.html; http://www.health.harvard.edu/newsweek/What_are_the_real_risks_of_antidepressants.htm

Canadian researchers who reviewed nine different studies that tracked more than 49,000 people involved in traffic accidents concluded that marijuana users were twice as likely to cause an accident than sober drivers. The risk was particularly elevated when people used cannabis a few hours before driving.

According to the analysis, which was published in the BMJ Journal, cannabis use is on the rise, with between .3% and 7.4% of drivers testing positive for the drug from roadside surveys in the United Kingdom, Europe, Australia, and the United States.

The research only took into account studies where serious injuries and deaths resulted from marijuana use and driving and didn’t take into account the impact that consumption might have on minor collisions. It also concluded that usage plays a more significant role in fatal collisions than in non-fatal crashes. Drivers with a higher level of Tetrahydrocannabinol (THC) in their system were more likely to have been involved in a fatal collision.

Although it’s currently unknown if roadside drug tests actually inhibit impaired driving, some experts call into question whether educational efforts alone would do enough to curb the consumption of marijuana and driving; implying that the fear of consequences might play a more vital role in prevention.

If a death or serious injury results from an accident in Florida, a chemical test is mandatory.

Impaired drivers on Florida’s roads are a danger to themselves and to you. If you have suffered an injury due to an impaired driver, call the experienced and knowledgeable auto accident attorneys in Jacksonville at Farah & Farah at (800) 533-3555. Our firm is here to protect you.

Sources:http://www.firstcoastnews.com/news/health/article/240904/10/Marijuana-Users-Twice-as-Likely-to-Cause-Car-crashes;http://www.bmj.com/content/344/bmj.e536; http://norml.org/legal/item/florida-drugged-driving?category_id=836

Four.

That has been the number of pedestrian fatalities in Lee County, Florida in the month of February so far. The latest, a man who was struck and killed early in the morning on Golden Estates Road in Collier, marks the second pedestrian death in Collier this year.

On the heels of this and other pedestrian deaths, the Florida Department of Transportation is looking at the top ten counties in Florida where a high percentage of pedestrian deaths occur and will be holding discussions with local authorities to try to find out why the death rates are so high and what to do about it. Other high-risk counties are Miami-Dade, Broward, Orange, and Hillsborough.

In 2010, 499 people were killed in Florida fatal pedestrian accidents. That accounted for 22 percent of all roadway deaths. That number was up slightly from 2009.

Many factors contribute to pedestrian deaths: alcohol, jaywalking, poorly lit roads, and inattentive and distracted drivers, to name a few. According to Florida law, an intersection is an implied crosswalk and vehicles have to yield to pedestrians. However, according to Michelle Avola, executive director of the Naples Pathway Coalition, pedestrians also have to exercise caution and common sense when crossing. “Just to say, ‘Hey, I have the right to cross the road’ and just start walking, that’s not so smart.”

While it is important that pedestrians exercise common sense when crossing the street in Florida, it is equally important that authorities maintain safe roads and that drivers be attentive to their surroundings. If you or somebody you know has been hit and injured by a vehicle, the Tampa pedestrian injury attorneys at Farah & Farah will sort out who is liable to get you compensation for your injuries. Please call us at (800) 533-3555 today.

Sources:http://m.naplesnews.com/news/2012/feb/09/man-struck-killed-by-car-in-golden-gate-is-this/; http://www.abc-7.com/story/16901899/group-reminding-pedestrians-about-rules-of-the-road

The office is nice, the doctor is charming and there are impressive-looking certificates on the wall. Finally, you have decided to take the hard-earned money you’ve been saving to get the cosmetic surgery procedure you’ve always dreamed of. Since your doctor has offered the service, you just assume that he or she is a board-certified plastic surgeon.

Don’t be so sure.

With insurance reimbursements harder to come by, more doctors are wading into the more lucrative (and mostly out-of-pocket) cosmetic surgery field — regardless if they are board-certified for that specialty or not. And patients are paying the price. According to the American Society of Plastic Surgeons, the number of dissatisfied or disfigured patients revisiting operations to fix botched jobs performed by unqualified doctors is on the rise. Incapacitating Injuries, as well as fatalities, have also been reported.

According to the New York Times, there is no law in the U.S. that requires doctors to practice within the specialty fields they were trained in. Generally, an American Board of Medical Specialties approved specialty certification requires a three-year internship coupled with extensive exams.

Only four states, including Florida, demand that doctors specify which specialty board certifications they have in their advertisements. Surgical injury in Florida and across the nation should never happen, but sadly, it does. Despite Florida having some of the toughest regulations in the nation regarding cosmetic surgery, 32 people still died in the past decade of surgery-related complications — almost the same number of deaths reported in the 90’s, before tougher regulations were enacted.

A physician’s first duty is to “do no harm.” If you or somebody you know has been injured, disfigured, or incapacitated by an unqualified doctor performing cosmetic surgery, the Jacksonville personal injury attorneys at Farah & Farah would like to hear from you. Call us at (800) 533-3555 for a free consultation and to learn more about your legal rights.

Sources: http://www.nytimes.com/2012/01/31/health/non-specialists-expand-into-lucrative-cosmetic-surgery-procedures.html?_r=2; http://articles.sun-sentinel.com/2011-06-26/news/fl-hk-plastic-surgery-deaths-20110621_1_cosmetic-surgery-plastic-surgery-fewer-deaths

February kicks off American Heart Month, an informational initiative sponsored by the American Heart Association (AHA). Designed to educate all Americans about the dangers of cardiovascular disease while promoting healthy-life choices to counteract our nation’s number one killer, the AHA is also putting special emphasis on women and heart disease this month.

With its Go Red for Women program, the AHA wants to make everybody, but especially women, aware that heart disease is also the top killer of women. Yet, women (especially young women) are more likely to be misdiagnosed than men when they go to an emergency hospital with heart attack symptoms. A New England Journal of Medicine study found that women under 55 were seven times more likely to be misdiagnosed and sent home than men of the same age — doubling their chances of dying.

Many doctors still don’t realize that women can experience different symptoms than men when it comes to heart disease. Unless a physician is careful and thorough, a vital life-saving diagnosis can be missed.

Heart disease is the number one cause of death in Florida, with stroke ranking third.

It is so important that you receive the proper diagnosis for any health issue you might have. In some cases, the right diagnosis can mean the difference between life and death. If you or a loved one have been the victim of a misdiagnosis that has negatively impacted your health because of a medical professional’s oversight, call the medical malpractice attorneys in Florida at Farah & Farah at (800) 533-3555 to discuss your options.

By Eddie Farah

A stomach virus sickened nearly 100 passengers on a Princess Cruise Line that docked in Miami where another ship contained passengers who also complained of gastrointestinal illness. In all, TBO.com reports 92 passengers and 13 crew on the Ruby Princess were affected by stomach pain, diarrhea, and vomiting. The ship returned to South Florida on Sunday, February 5. The Crown Princess arrived at the dock Saturday, February 4 at Port Everglades. The passenger sicknesses are not believed to be related. As is customary, the ships must be disinfected in the cabins and public areas before they can embark again.

Florida has more cruise terminals than any other state, all of which accomodate millions of passengers who embark for a cruise every year. Passengers should read closely the fine print on the back of the ticket to understand their rights. Experience an injury on a cruise ship, such as a premises liability or slip and fall, and the passenger may find that the cruise operator can avoid liability and accountability. The major cruise operators are registered to foreign countries and therefore do not have to abide by U.S. regulations. Doctors are not employees of the cruise ship, so it is recommended to buy additional insurance in case you have a medical mishap onboard and want to seek medical attention back in the U.S.

An experienced Florida maritime and admiralty attorney is your best ally when problems develop during your cruise. Your attorney will understand how to determine jurisdiction, negligence, and the cruise line’s responsibility to obtain for you the compensation you deserve.

Source: http://www2.tbo.com/business/business/2012/feb/04/1/more-than-200-south-florida-cruise-passengers-stru-ar-355127/