Legal News You Can Use

Rear End Collision Forces SUV off Bridge into River

admin — Sun, 28 Feb 2010 16:29:57 +0000

Another rear end collision on the Buckman Bridge in Jacksonville Florida causes traged when a womans SUV plummets into the river. The Florida Times Union has the full story.

The risk of rear-end collisions is particularly great in city traffic where traffic patterns create “stop and go” traveling. 75 percent of accidents recorded by the police occur at speeds below 30 mph.

Under Florida law “when the defendant produces evidence which fairly and reasonably tends to show that the rear fact is not presumed,” the driver may not be liable. If you have been a victim of a rear end collision, it is important that you hire an attorney immediately after a rear-end accident. The days after the car accident are crucial to investigate whether the at-fault driver will be raising one of the three fact patterns that could rebut their presumed negligence.

Common rear end collision injuries are whiplash, cervical or neck injuries, baqck injuries, cuts and abrasions. If the seat back in the car failed in the impact, injuries may be more severe. Michael E. Seelie, Personal Injury Attorney counsel clients in Jacksonville, Florida and the surrounding communities of Orange Park, St. Augustine, Green Cove Springs, Callahan, Palatka, Fernandina Beach, Gainesville, and Lake City in rear end collisions.

Driver that Hits You is Uninsured?

admin — Fri, 26 Feb 2010 02:14:12 +0000

Underinsured and uninsured motorist coverage protects drivers when the other driver either doesn’t have enough auto insurance or none at all. These are important coverages to have. according to Michael Seelie, a board certified trial attorney in Jacksonville Florida who specializes in auto accident cases.
“I have had to tell people, that have had severe injuries, that there was no coverage for their injuries. You can buy bodily injury insurance which will cover you if you hurt somebody else, but what happens to you if the person who hits you doesn’t have any bodily injury insurance and is fairly poor and can’t pay a judgment? Especially if you think you can’t afford it, don’t opt out of uninsured and underinsured insurance.

Novartis settles whistleblower suit over Nitroglycerin SR for $3.5M.

admin — Tue, 23 Feb 2010 19:48:02 +0000

The AP (2/22) reported, “Federal prosecutors say a New Jersey pharmaceutical company has agreed to pay $3.5 million to settle allegations that it claimed its heart drug was eligible for Medicaid reimbursement. The U.S. attorney’s office in Boston said Monday that Eon Labs Inc., a subsidiary of Swiss company Novartis AG, submitted false reports to the government between April 1999 and September 2008 that misrepresented Nitroglycerin SR’s regulatory status and failed to advise that the drug did not qualify for Medicaid coverage.” The agreement “settles a whistleblower lawsuit.”

FDA Considers Changes to Medical Device Approval Process and Two-year Anniversary of Riegel v. Medtronic

admin — Mon, 22 Feb 2010 22:32:08 +0000

FDA is considering changes to the fast-track medical device approval process called 510(k). This is popular among manufacturers because it is a faster, cheaper path to market than the premarket approval process. The approval process has drawn scrutiny from the Government Accountability Office, which last year identified 20 types of high-risk devices that slipped through FDA.

Meanwhile, Saturday marks the two-year anniversary of the Riegel v. Medtronic, the Supreme Court ruling that granted immunity to medical device manufacturers.

To see AAJ’s release see: http://online.wsj.com/article/SB10001424052748704398804575071791464778482.html .

New Evidence Raises Questions About Toyota, NHTSA Responses.

admin — Tue, 09 Feb 2010 02:15:24 +0000

USA Today (2/8, Carty, 2.11M) reports as Toyota “grappled Sunday with reports that it was recalling its Prius hybrids in Japan and may do so in the United States, evidence continued to beg whether the automaker and the National Highway Traffic Safety Administration responded quickly enough to reports of sudden acceleration in some of its other models.” The Prius concerns “center over braking delays, but insurer State Farm told USA TODAY that it notified NHTSA in late 2007 that it was seeing an increase in sudden acceleration trends with other Toyota and Lexus models.” Congress is “also studying Toyota’s and NHTSA’s reactions,” and the House Oversight and Energy committees will hold hearings on the issue in the coming weeks.

Multiple Potential Causses for Sudden Acceleration

admin — Thu, 04 Feb 2010 01:54:33 +0000

”Toyota has been hit disproportionately hard by unintended-acceleration problems because it has been slower than some competitors in introducing braking technology that could have prevented it, according to safety records and consumer advocates.” Safety advocates “and other critics said there may be multiple potential causes for sudden acceleration, and therefore, multiple solutions. But the most puzzling potential cause is electromechanical interference.” The Detroit Free Press (2/1, Gardner)

FDA’s Meridia decision stirs controversy

admin — Sat, 30 Jan 2010 21:55:34 +0000

The New York Times (1/23, B3, Singer, Pollack) notes that a recent study has indicated that people who take the prescription diet drug Meridia “had more heart attacks, strokes and other cardiovascular problems than people getting a placebo.” However, the Times said that the data drew “two starkly different reactions” last week from European and American regulators. While the European Medicines Agency advised doctors and pharmacists to stop prescribing and dispensing the drug, the US Food and Drug Administration “took a less forceful step and asked Abbott Laboratories, the maker of Meridia, to put a stronger warning on its label.” The agency “said it planned to wait for the company’s complete report on the study…before considering further action,” although “some obesity experts question the [FDA’s} decision to leave Meridia on the market for people who do not have cardiovascular disease.”

Toyota issues new recall for 2.3M vehicles

admin — Sat, 23 Jan 2010 16:54:49 +0000

ABC World News (1/21, lead story, 3:10, Sawyer) reported, “Breaking news this evening. Toyota is recalling 2.3 million cars and trucks tonight, trying to tackle the frightening problem of cars suddenly speeding out of control.” The CBS Evening News (1/21, story 8, 0:20, Couric) noted that “late last year Toyota recalled more than four million vehicles because the accelerator pedal can get stuck in the floor mats. Well, today another huge recall. More than two million Toyotas covering eight model years from 2005 to 2010. The accelerator can get stuck in those vehicles as well, even without a floor mat.”

The most recent recall, according to NBC Nightly News (1/21, story 6, 0:20, Williams), “is in addition to 4.3 million Toyotas recently recalled for a floor mat problem that could cause the accelerator to stick.” The New York Times (1/22, B8, Bunkley) points out, “The first recall was to fix a design flaw that could cause the gas pedal to become trapped under the floor mat.” But Toyota “continued to be dogged by reports of unintended acceleration and stuck pedals even in cases where the floor mats had been removed, a stopgap measure recommended” by the company. The Times says the recall affects some year models of the Avalon, Camry, Tundra, Sequoia, RAV4, Corolla, Matrix, Highlander, and “the Pontiac Vibe, a mechanical twin to the Matrix.” Not affected are “Lexus or Scion models” or the Prius.

The AP (1/22, Strumpf, Manning) reports Toyota said yesterday’s “recall is due to potential problems with the actual gas pedal mechanism, causing the accelerator to become stuck regardless of whether the vehicle contains a floor mat.” That automaker “said in certain rare cases, the gas pedal mechanism wears down, causing the accelerator to become harder to press, slower to return or, in some cases, stuck.” The Wall Street Journal (1/22, Linebaugh) reports the last recall adds pressure on the Japanese automaker whose reputation in product safety and quality may be at stake due to a series of recalls in the US. The Los Angeles Times (1/22) and USA Today (1/22, Healey, et al.) also report the recall.

FDA accuses Johnson & Johnson of failing to properly investigate Tylenol contamination reports

admin — Thu, 21 Jan 2010 00:35:26 +0000

The FDA has determined that Johnson & Johnson’s McNeil Consumer Healthcare is responsible for failing to properly test their Tylenol pain reliever for contamination after a number consumer complaints in 2008. After receiving over 70 reports of a musty odor in Tylenol Arthritis Caplets, the FDA says the company didn’t initiate a formal investigation. McNeil spokeswoman Bonnie Jacobs said the company “is actively working in consultation with the FDA to address their concerns.”

Revived bill would ban indoor tanning for Floridians under 16

admin — Thu, 21 Jan 2010 00:29:33 +0000

Florida’s Palm Beach Post (1/20, Cerabino) reports, “A national health group called Aim at Melanoma is backing a statewide legislative effort to institute what would be a tough ban on the use of ultraviolet-light-emitting indoor tanning beds by Florida teenagers.” Currently, “in Florida, melanoma is the second most common cancer type for both men and women under the age of 40.” In light of that fact, state Sen. Eleanor Sobel (D) recently revived a “bill that banned teenagers under 16 from indoor UV tanning, and required in-person parental permission for 16- and 17-year-olds.” On Jan. 19, that measure “sailed through the Florida Senate’s Health Regulation Committee on a unanimous vote.”