South Florida Injury Lawyer Blog

Traumatic Brain Injury

Published on: December 27, 2022 | Anthony Quackenbush, Esq.

Traumatic Brain Injury (TBI) is a leading cause of death and disability for both adults and children in the United States. According to the Department of Neurosurgery at the University of Florida, 1.4 million Americans sustain TBI each year; about 50,000 die, 235,000 are hospitalized, and 1.1 million are treated and released. But often those treated and released have sustained injuries that were not properly recognized, and their injuries go undiagnosed for too long.

What is TBI?

A TBI is caused by a bump, blow, jolt, or other injury to the head that disrupts the normal function of the brain. The most common causes of TBI are falls, vehicle accidents, and being struck by or against an object. Vehicular accidents are the leading cause of TBI resulting in hospitalization or a visit to the ER.

Telehealth and Medical Malpractice

Published on: December 22, 2022 | Anthony Quackenbush, Esq.

Telehealth, also called telemedicine, is a rapidly-growing healthcare option in Florida and throughout the country. During the pandemic lockdowns, when it was difficult to see a doctor, telehealth seemed like an ideal answer to patients’ needs to receive medical attention. Indeed, for many people, it was very helpful; but for some, telehealth did not resolve their problems and led to a delay in appropriate treatment.

While telehealth may seem easy and convenient, many things can go wrong. Accurate diagnosis can be a challenge when the doctor and patient are in the same room, but it becomes significantly more difficult when the doctor is not able to examine the patient.

What can go wrong

After a Car Accident, NEVER Do This

Published on: December 15, 2022 | Anthony Quackenbush, Esq.

Florida is a destination state year-round. Visitors from around the country and the world flock to Florida because of our state’s natural beauty, many attractions, amusement parks, and resorts. The presence of a large number of tourists creates unique traffic conditions in the Sunshine State because so many drivers are unfamiliar with the region. This almost guarantees a lot of distracted drivers or erratic driving, which translates into car accidents.

If you are in a car accident in Florida, whether you’re a native or a visitor, there are several things you should NEVER do in the aftermath of the accident.

Never skip calling 911. Even if the accident seems minor and no one is hurt, it’s important to have police or medical personnel come to document the event and provide immediate medical attention.

Unsafe Toys for Kids – Be on the Lookout for Recalled Items

Published on: December 10, 2022 | Anthony Quackenbush, Esq.

Products are recalled almost daily in the U.S. If you visit the Consumer Product Safety Commission website you can read their weekly updates of recalled items. Many of them are products for children.

U.S. toymakers follow the safety rules and regulations laid out in the ASTM F963 Standard Consumer Safety Specification for Toy Safety. Therefore, if you buy your toys from a reputable place and a reputable toymaker, it is likely that the toy is following these safety guidelines. And because of these guidelines, toys and other baby or child products (including clothes, strollers, etc.) are often preemptively and voluntarily recalled as soon as a potential problem emerges.

However, some toys that may be safe for older children are not safe for younger children. And some toys, especially knock-offs of popular brand-name toys, may not meet safety standards. Dangers can include lead or toxic paint, small pieces that break off, electric or battery malfunctions, and toys that are excessively loud.

Malpractice in App-Based Mental Health Therapy

Published on: December 2, 2022 | Anthony Quackenbush, Esq.

Technology is expanding into more and more aspects of healthcare, including mental health. A variety of websites and apps have become available that provide mental health therapy through phone, video chat, or text. While these new advances may make mental health services available to more people, there are some dangers that could lead to legal issues or malpractice.

Advantages of online therapy

The biggest advantage of online or app-based therapy is its easy availability. With in-person therapy, a person has to find a therapist, make an appointment, remember it when the day comes, and then get there. This can be challenging for people suffering from mental health issues.

Hip, Knee, and Ankle Replacement Lawsuits

Published on: November 22, 2022 | Anthony Quackenbush, Esq.

Many people have undergone hip, knee, and ankle replacement surgery using Exactech joint replacement products. In August 2021, Exactech announced the recall of many of its knee, ankle, and hip replacement parts. It was discovered that, for certain products sold since 2004, the packaging of various parts allowed exposure to oxygen, which could cause oxidation. Over time, the oxidation could lead to the breakdown of the implant material within the patient’s body, causing failure of the device and other complications. Additionally, Exactech recalled their Connexion GXL acetabular polyethylene liners, which are a key component in several hip replacement products. These liners could also break down prematurely.

Because of the many lawsuits associated with the defective products, the suits were consolidated into a nationwide multi-district lawsuit (MDL), centralized in the Eastern District of New York State. In addition, since Exactech is a Florida company, an additional, state-wide MDL has been created, which could go to trial earlier than the national MDL.

Do you have an Exactech product that has been recalled?

Current Major Mass Tort Lawsuits or MDLs

Published on: October 24, 2022 | Anthony Quackenbush, Esq.

The news is full of examples of major companies being sued for damage caused by their products. As a Florida personal injury lawyer, I help individuals fight against big corporations and their teams of lawyers in order to guarantee that those hurt by the negligence of others receive the compensation they deserve.

What is an MDL case?

A multidistrict lawsuit (MDL) refers to a mass tort, or a circumstance in which many people are suing a manufacturer over the same product. To simplify the process and keep the court system from being overwhelmed, the U.S. Judicial Panel on Multidistrict Litigation (JPML) may determine that a certain type of case should be handled as an MDL, in which a single judge is appointed to oversee the discovery, pre-trial motions, and settlement conferences since the processes would be similar in all cases.

Can I Sue When I Get Hurt by a Product?

Published on: October 18, 2022 | Anthony Quackenbush, Esq.

Essure birth control implants and 3M Earplugs are two recent high-profile product liability cases in which tens of thousands of users who were injured sued for damages. In both these cases, the sheer volume of lawsuits would swamp the courts if taken individually, thus they are class-action lawsuits.

Essure’s manufacturer, Bayer Healthcare, received nearly 40,000 lawsuits for its permanent birth control device by 2019 when it was pulled from the market. Bayer has recently settled a portion of these lawsuits with a $1.6 billion settlement.

3M Company has received nearly 250,000 claims against its Combat Arms earplugs, which were standard issue to our servicemen and women between 2004 and 2015 but were ineffective as ear protection. New claims are constantly being filed, which have been consolidated into a multi-district lawsuit (MDL) before a U.S. District Judge in Florida in preparation for trial next year.

How to Start a Lawsuit for a Defective Product

Published on: September 22, 2022 | Anthony Quackenbush, Esq.

Products sold to consumers are supposed to be safe. There are many safety standards that need to be met, but often, either they are not met or the standards are not sufficient. Many defective products are recalled each year, and many others are never recalled, but still cause harm.

Some defective products can cause burn and fire hazards, such as space heaters, electric blankets, lithium batteries, vaping equipment, and sprays such as PAM.

Defective gym and sports equipment can cause serious physical injury due to the collapse or tipping of an exercise machine, failure of a pulley or weight locks, or poor safety equipment such as helmets, pads, and masks.

Were You Affected by the Contaminated Water at Camp Lejeune?

Published on: September 15, 2022 | Anthony Quackenbush, Esq.

Camp Lejeune, a Marine Corps base in North Carolina, had one of the worst cases of water contamination that has been seen in the United States. The water also affected the nearby Marine air station, New River. Many retired military personnel live here in Florida, and since Camp Lejeune was a busy base during the time of contamination, many of these resident veterans, their families, and civilian personnel who worked on the base may be able to seek damages for harm caused by contamination at Camp Lejeune.

What went wrong at Camp Lejeune

The contamination at Camp Lejeune was caused by multiple sources. Not all the wells on the base were contaminated, but the contaminated well water was sent to a water treatment plant where it was mingled with other wells, thus contaminating the entire water source. The water in two of the wells contained trichloroethylene (TCE), perchloroethylene (PCE), benzene, vinyl chloride, and other volatile organic compounds (VOC). One of the sources was a dry cleaner outside the base which opened in 1953 and dumped wastewater laced with PCE, a known carcinogen. PCE is also used in other solvents that may have been used on the base. Another major contamination source was underground storage tanks that leaked 1,500 gallons of fuel every month.