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?

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.

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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 .

 

 

Workers Comp Costs Rising

The most recent data shows that medical costs for worker’s compensation rose between 5 to 7 percent in 2005 and 2006.

In 2004, Florida reformed their worker’s compensation legislation to give higher payments to doctors but lower payments to outpatient services, a key element in rehabilitation for workers with on-the-job injuries. As a result, fewer workers sought outpatient care, preferring the extra coverage of full hospital stays or going without treatment to paying more for the convenience of outpatient services.Those suffering from severe trauma received less expensive surgeries even though the payments exceeded the state’s schedule rate, which was among the lowest in the nation.

One of the reasons Florida underwent such legislative change in 2004 was to reduce the number of lawyers representing workers in their compensation claims. Among the changes to the actual schedule rates for treatment, there was a cap placed on attorney’s fees. By reducing the amount a lawyer could hope to make, the insurance industry supported lawmakers hoped to reduce the number of overall claims.

It didn’t work. The decrease was minimal, and the state Supreme Court has already ruled that such practices are unconstitutional because they intend to block a worker’s right to due process and legal representation. The Florida legislature has ignored this decision and reinstated the caps.

If you are injured on the job, seek the advice of an experienced trial attorney.

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At a time when Congress is considering whether to ban mandatory arbitration clauses in contracts, and credit card companies, Minnesota’s Attorney General Lori Swanson is suing the National Arbitration Forum, a lead provider of this clown-court-for-hire scam, for concealing its ties to the debt collection and banking industries. The Lawsuit State of Minnesota v. National Arbitration Forum, No. 27-09-18550, claims “a group of New York hedge funds managed by Accretive LLC in 2006 and 2007 invested in the arbitration company and also acquired a majority stake in a debt collection agency called Axiant LLC.

Arbitration is a nasty little trick that has gone unnoticed by thousands of its victims, says Jacksonville Florida Attorney, Michael E. Seelie.  While arbitration clauses are in all 50 states, including Florida, Minnesota has become one of the first battlegrounds among many to bring an end to the abuse of a private judicial system, which undermines the consumer’s right to a day in court.

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A recent article from the Associated Press http://www.google.com/hostednews/ap/article/ALeqM5jJ6ymBVg8DzG8BDHwfWbr-ex1KKgD98LUR380 is reporting that more people are putting their faith in alternative medicine. The occasion for such reportage is the FDA’s release of its first guidelines for good manufacturing practices in the supplemental industry, an aspect of modern health culture that is unregulated in this country. Concerned interest groups say the rules are flimsy. However, this is the first step to give the FDA more presence in this growing field.

The article is mainly skeptical about the possible health benefits of alternative medicines. The rise in popularity is attributed to the public’s growing distrust of the medical industry. Interestingly, the AP reporter focuses on prescription drugs.

“Mainstream medicine and prescription drugs have problems, too. Popular drugs such as the painkillers Vioxx and Bextra were pulled from the market after serious side effects emerged once they were widely used by consumers. But at least there are regulatory systems, guideline-setting groups and watchdog agencies helping to keep traditional medicine in line.”

Unfortunately, the safeguards cited above are not as reliable as we would like to believe. In her book, The Truth About the Drug Companies, Dr. Marcia Angell draws upon her extensive experience as editor of the New England Journal of Medicine to reveal some of the ways drug companies evade regulations and prevent objective research for the sake of their profit margins.

Perhaps the most disturbing of these methods is the use of CROs (contract research organizations) to conduct the clinical trials that are the brick and mortar of any drug’s claim to legitimacy. Clinical trials are how drugs get FDA approval and doctor support before you are prescribed anything. CROs are for-profit companies that cater to the drug company’s need for data and reports, the paper life of their industry. Because of this financial relationship, the CROs are less committed to presenting evidence and objective analysis. More likely, the purpose is to make the drugs look better than they are by skewing data. This is as simple as altering dosage, suppressing unwanted data, or overemphasizing the positive results.

The result of such activities is clear. In the AP article, Dr. Josephine Briggs, who directs the federal agency that studies supplements and unconventional therapies, said “If we had highly effective, satisfactory conventional treatment we probably wouldn’t have as much need for these other strategies and as much public interest in them.”

 

The investigation into the crash of flight 3407 has led to questions about the experience and training of the flight’s pilot.


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With so many instructions and warnings on a bottle of prescription pills, one would think that the last person to disregard the intended use of a drug would be the doctor prescribing it. “Off-label” prescriptions are exactly that, and a number of legal cases are coming to trial because of the growing trend in pharmaceutical marketing of encouraging this practice.

Off-label presciptions exist in a gray area of medicine. Birth control is regularly prescribed for minimizing menstrual cramps and clearing up acne. Rogaine’s use for baldness was prescribed off-label for years before the FDA approved it. So that while the practice is not in keeping with FDA regulations, some advocates claim that the practice is not necessarily illegal either.

James Beck, a defense attorney and co-author of the Drug and Device Law blog, claims that most off-label use is beneficial and it is only the few disasters that get noticed. In fact, in 2008 the FDA rules for the promotion of off-label drug use became lax, but the Obama administration has yet to review these new regulations.

However the cases that have come to trial have not been about doctors finding creative ways to treat patients; they are about corporate marketing systems designed to create new outlets for sales.

For example, in March, Johnson & Johnson was ordered to pay the state of West Virginia $3.95 million for misleading doctors about the risks and benefits of Risperdal, an antipsychotic. The pharmaceutical giant is facing an even larger case in Texas. (http://industry.bnet.com/pharma/10001223/jj-fined-5000-per-sales-rep-visit-for-risperdal-mismarketing/).

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FDA laboratory tests have revealed the presence of sibutramine, fenproporex, fluoxetine, bumetanide, furosemide, phenytoin, rimonabant, cetilistat, and phenolphthalein in weight loss products being sold over-the-counter. The tainted products are listed below in alphabetical order along with the undeclared drug and/or chemical ingredient.

1. 2 Day Diet – sibutramine
2. 2 Day Diet Slim Advance – sibutramine
3. 2x Powerful Slimming – sibutramine
4. 3 Day Diet – sibutramine
5. 3 Days Fit – sibutramine
6. 3x Slimming Power – sibutramine, phenytoin
7. 5x Imelda Perfect Slimming – sibutramine
8. 7 Day Herbal Slim – sibutramine
9. 7 Days Diet – sibutramine
10. 7 Diet – sibutramine
11. 7 Diet Day/Night Formula – sibutramine
12. 8 Factor Diet – sibutramine, phenolphthalein
13. Eight Factor Diet – sibutramine
14. 21 Double Slim – sibutramine
15. 24 Hours Diet – sibutramine, phenolphthalein
16. 999 Fitness Essence – sibutramine
17. BioEmagrecim, sample 1 – fenproporex
BioEmagrecim, sample 2 – fluoxetine, furosemide
18. Body Creator – sibutramine
19. Body Shaping – sibutramine
20. Body Slimming – sibutramine
21. Cosmo Slim – sibutramine
22. Extrim Plus – sibutramine, phenytoin
23. Extrim Plus 24 Hour Reburn – sibutramine
24. Fasting Diet – sibutramine
25. Fatloss Slimming – sibutramine, phenolphthalein
26. GMP – sibutramine
27. Herbal Xenicol – cetilistat
28. Imelda Fat Reducer – sibutramine
29. Imelda Perfect Slim – sibutramine, phenolphthalein
30. JM Fat Reducer – sibutramine
31. Lida DaiDaihua – sibutramine
32. Meili – sibutramine
33. Meizitang – sibutramine
34. Miaozi MeiMiaoQianZiJiaoNang – sibutramine
35. Miaozi Slim Capsules – sibutramine
36. Natural Model – sibutramine
37. Perfect Slim – sibutramine
38. Perfect Slim 5x – sibutramine, phenolphthalein
39. Perfect Slim Up – sibutramine
40. Phyto Shape – rimonabant
41. Powerful Slim – sibutramine
42. ProSlim Plus – sibutramine
43. Reduce Weihgt – sibutramine
44. Royal Slimming Formula – sibutramine, phenolphthalein
45. Sana Plus – sibutramine
46. Slim 3 in 1 – sibutramine
47. Slim 3 in 1 Extra Slim Formula – sibutramine
48. Slim 3 in 1 Extra Slim Waist Formula – sibutramine
49. Slim 3 in 1 M18 Royal Diet – sibutramine
50. Slim 3 in 1 Slim Formula – sibutramine
51. Slim Burn – sibutramine
52. Slim Express 4 in 1 – sibutramine
53. Slim Express 360 – sibutramine
54. *Slim Fast – sibutramine
55. Slim Tech – sibutramine
56. Slim Up – sibutramine
57. Slim Waist Formula – sibutramine
58. Slim Waistline – sibutramine
59. Slimbionic- sibutramine
60. Sliminate – sibutramine
61. Slimming Formula – sibutramine
62. Somotrim – sibutramine
63. Starcaps – bumetanide
64. Super Fat Burner – sibutramine
65. Superslim – sibutramine, phenolphthalein
66. Super Slimming – sibutramine
67. Trim 2 Plus – sibutramine
68. Triple Slim – sibutramine
69. Venom Hyperdrive 3.0 – sibutramine
70. Waist Strength Formula – sibutramine
71. Xsvelten – sibutramine
72. Zhen de Shou – sibutramine, phenolphthalein

 

Excessive Speed and Truck Accidents

Excessive speed continues to be a risk factor in tractor-trailer crashes. In 2006 the American Trucking Association (ATA) called upon the National Highway Traffic Safety Administration (NHTSA) to limit the maximum speed of tractor-trailers to 68 mph in an effort to curtail the number of accidents involving tractor-trailers. These behemoths of the interstate have been a prime cause of traffic fatalities and property damage in all fifty states. By petitioning NHTSA, the ATA President and CEO Bill Graves said the trucking industry is trying to participate in the nation-wide movement to slow down traffic and reduce the rate of injury. “No vehicle should be capable of operating at excessive speeds on our nation’s highways”, Graves said.
Speed related traffic accidents are only one of the ATA’s concerns for the health, safety, and sustainability of the trucking industry in this country. In addition, the ATA has called for universal primary seatbelt laws in all 50 states, and for an increased awareness on the part of motorists to unsafe driving behavior near and around tractor-trailers. At this time, most federal efforts to reduce the rate of traffic accidents involving tractor-trailers have focused on equipment maintenance, driver fatigue, and the prevention of driver impairment. However, the ATA thinks the part played by excessive speed has gone overlooked. Although it is difficult to conceive of a way in which federal aid could be devoted to this problem, research indicates that speed plays a role in the majority of crashes.