Florida Injury Lawyers

Woman surrenders in death of pregnant tourist

cheuwetter@gmail.com — Mon, 14 May 2012 14:24:58 +0000

A Plantation woman, accused in the death of a pregnant tourist, surrendered Wednesday to face DUI manslaughter charges.

Rosa Maria Rivera-Kim, 34, was booked at the Broward County Main Jail with her attorney around 2 p.m.

She bonded out of jail about 2 a.m. Thursday, according to South Florida media reports, and made no comment while getting into an awaiting vehicle.

Rivera-Kim is charged with DUI manslaughter with impairment, DUI manslaughter with an unlawful blood alcohol level and DUI property damage for crashing her 2006 silver Audi into a pool-area cabana at the Riverside Hotel in Fort Lauderdale on March 18, according to Fort Lauderdale Police.

Hit-and-run driver in custody after fatal Oakland Park crash

cheuwetter@gmail.com — Wed, 09 May 2012 20:53:37 +0000

The hit-and-run driver who killed a woman early Tuesday in Oakland Park was arrested late Tuesday, the Broward Sheriff’s Office said.

Tyler K. Burdhimo, 18, is facing one count each of leaving the scene of a crash involving a fatality and having no valid driver’s license with a death, according to the arrest report.

The incident happened just after sunrise in the 1500 block of Northeast 45th Street.

The Sheriff’s Office says Maria Konstantinidis, 75, was walking along the street and was hit by a four-door Nissan Altima.

A tipster called detectives about 2 p.m., indicating that the suspect vehicle was parked in the 4300 block of Northeast 15th Terrace, a few blocks from where Konstantinidis was killed.

The car was in plain view and damage on the car was consistent with striking the pedestrian, Broward Sheriff spokesman Mike Jachles said.

The car belongs to David Harris, 21, who said his friend Burdhimo borrowed the car and admitted to hitting something, but did not specify what, Jachles said.

Burdhimo was interviewed late Tuesday by investigators and has admitted to hitting “something,” Jachles said.

The car’s chrome “Nissan” front grille emblem was left behind at the scene.

Konstantinidis was found wearing a gold wedding band, a black-and-white striped shirt, dark blue adidas shorts and black walking shoes. She lived in Oakland Park, investigators said.

The stretch of Northeast 45th Street, also known as Floranada Road, where the victim was killed is a “death trap,” said resident Aaron Hager.

He and his family moved there six months ago and regret it.

“It’s absolute insanity,” Hager, 39, said, “Everybody is just scared. We’re scared of the road that we live on.”

It’s unclear whether there has been an uptick in hit-and-run incidents, but a few lives have been claimed in recent weeks.

Last week, a 30-year-old motorcyclist was critically injured in West Park, possibly by a driver in a pickup truck with metallic orange paint.

A few days before that, a Lighthouse Point accountant was critically injured while crossing East Las Olas Boulevard; the car that fled is thought to be a Ford Taurus.

In March, also in Fort Lauderdale, a 5-year-old girl was killed while riding her tricycle at the Pan American Estates mobile home park and a 70-year-old grandmother was fatally struck while crossing Davie Boulevard.

In that case, Digna Camacho was run over twice; the first car stopped and the second one, possibly a gray Ford F-150, fled the scene after an older male motorist got out and glanced back at her body.

“The moment you leave the scene without rendering aid or notifying the proper authorities, you face criminal charges,” said Fort Lauderdale Detective Travis Mandell.

Banned in Miami-Dade, pit bulls find their way to Broward

cheuwetter@gmail.com — Mon, 07 May 2012 15:47:50 +0000

As Miami-Dade County voters consider undoing a ban on pit bulls, BrowardCountyresidents have a reason to care. Broward has become a dumping ground for the dogs that are considered outlaws to the south.

Broward animal control leaders say pit bulls are hand-delivered or just abandoned on the streets here, because of the 23-year ban, and finding homes for pit bulls is difficult because they can’t be released to Miami-Dade residents.

Since 2009, 85 pit bulls ended up in the Broward County dog pound that were brought directly from Miami-Dade County. Another 435 pit bulls were picked up during that time from the streets of south Broward, their origins unknown.

“We have a lot of pit bulls,” said Lisa Mendheim, spokeswoman for Broward County Animal Care & Adoption. “Can’t say they all came from Miami, but it definitely impacts what we have here.”

Last year, 50 pit bulls — including dogs of various breeds with pit bull characteristics — were brought to Broward’s pound from Miami-Dade, records show.

Broward bears the cost of caring for them — about $20 a day each, county officials said.

The good Samaritans who delivered pit bulls to Broward’s pound from Miami-Dade might have thought they were doing a good deed, saving the dogs from euthanasia.

But the kennels of Broward are so full of pit bulls, they fared poorly here as well.

Of the 85 from Miami-Dade, 62 were put to death, according to the county. Broward has been putting a little more than 40 percent of all its dogs to death in recent years, including owner-requested euthanasia.

Broward County commissioners a month ago embraced a no-kill goal for its shelters. But that will mean finding homes for hundreds and hundreds of pit bulls.

Inside the kennels of Broward, dog after dog is an American bull terrier, American Staffordshire terrier or some pit bull mix, overshadowing other breeds.

Of the 7,446 dogs in Broward’s pound last year, 2,388 of them — or 32 percent — were pit bulls, according to data from the county.

Another one arrived Thursday. Larry Gould said he was dropping off his adopted pit bull, Brutus, because Brutus can’t get along with Gould’s three other pit bulls.

“It breaks my heart,” he said, tearing up.

In August, Miami-Dade voters will decide whether to overturn the ban. The state has since said that breed-specific bans cannot be done.

Fans and detractors of the “bully breeds” are equally passionate, and the ban has been likened to racial profiling.

Palm Beach County Animal Care and Control Director Dianne Sauve said it’s tragic to stereotype the breed “as vicious animals.”

The public will vividly remember news accounts of pit bull attacks on humans, she said. But “they won’t remember that during World War I they were the dogs that went into battle with American soldiers,” she said. “They were called America’s dogs.”

“Unless they’ve been trained for fighting, they’re slobber pusses,” said Kimberly MacPherson, a grant-writer at the Humane Society of Greater Miami. “They just lick you to death.”

FDA challenges marketing of DMAA products for lack of safety evidence

cheuwetter@gmail.com — Thu, 03 May 2012 19:25:46 +0000

The U.S. Food and Drug Administration today issued warning letters to ten manufacturers and distributors of dietary supplements containing dimethylamylamine, more popularly known as DMAA, for marketing products for which evidence of the safety of the product had not been submitted to FDA.

Also referred to as 1,3-dimethylamylamine, methylhexanamine, or geranium extract, the ingredient is in dietary supplements and is often touted as a “natural” stimulant.

“Before marketing products containing DMAA, manufacturers and distributors have a responsibility under the law to provide evidence of the safety of their products. They haven’t done that and that makes the products adulterated,” said Daniel Fabricant, Ph.D., Director of FDA’s Dietary Supplement Program.

Specifically, the warning letters cite the companies for marketing products for which a notification had not been submitted for the use of DMAA as a New Dietary Ingredient (NDI). Under current law, dietary supplement manufacturers or distributors who use certain dietary ingredients not marketed in a dietary supplement prior to October 15, 1994, are responsible for notifying the FDA of evidence to support their conclusion that their dietary supplements containing NDIs are safe. Manufacturers or distributors must submit notification at least 75 days before marketing their products. The companies warned today were marketing products for which this requirement had not been met.

The FDA warning letters also advised the companies that the agency is not aware of evidence or history of use to indicate that DMAA is safe. Under the Dietary Supplement Health and Education Act of 1994 (DSHEA), manufacturers, marketers and distributors of dietary supplements are responsible for ensuring that they are marketing a safe product.

The FDA letters noted that DMAA is known to narrow the blood vessels and arteries, which can elevate blood pressure and may lead to cardiovascular events ranging from shortness of breath and tightening in the chest to heart attack. The agency has received 42 adverse event reports on products containing DMAA. While the complaints do not establish that DMAA was the cause of the incidents, some of the reports have included cardiac disorders, nervous system disorders, psychiatric disorders, and death.

The agency additionally warned the companies that synthetically-produced DMAA is not a “dietary ingredient” and, therefore, is not eligible to be used as an active ingredient in a dietary supplement. DSHEA defines a dietary ingredient as a vitamin, mineral, amino acid, herb or other botanical, a dietary substance for use by man to supplement the diet, or a concentrate, metabolite, constituent, extract, or combination of these substances.

The companies have 15 business days to respond to the FDA with the specific steps they will take to address the issues in the warning letters.

PIP reform bill should be vetoed

cheuwetter@gmail.com — Thu, 03 May 2012 18:39:14 +0000

The 2012 Legislature set off on a course to try to fix the perceived Florida no-fault system fraud problem. Floridians are entitled to expect that the Legislature would produce a well-thought-out solution to the problems while simultaneously working to protect innocent Floridians from abusive insurers.

Sen. Joe Negron was appointed to draft a plan fix the problems in the no-fault system and he drafted a bill that made sensible and fair changes. Inordinate pressure from Gov. Rick Scott resulted in a last minute replacement of Sen. Negron’s bill with House Bill 119, which was drafted behind closed doors by profiteering insurance industry representatives and their regulatory friends. Legislators were bullied by its leadership with threats of adverse redistricting into voting for HB 119.

The bill has a glaring licensing glitch that mandates that, unless exempted, only healthcare clinics may receive PIP benefits effective July 1. Those exemptions, which apply to healthcare providers that are fully owned by physicians or hospitals, don’t go into effect until Jan.1, 2013. Therefore, for a six-month period, insurers will not have to pay doctor-owned healthcare providers or hospitals.

This bill will invite constitutional challenges. Injured persons are forced to waive their constitutional right to pain and suffering damages for auto accident related injuries in exchange for access to swift and automatic payment of PIP benefits. Without meaningful access to PIP benefits, Floridians cannot be constitutionally denied pain and suffering damages for sustained injuries. Floridians suffering from debilitating neck or back pain will soon discover that despite paying for an insurance policy intended to provide coverage for $10,000 of needed medical care that they are now likely only covered for minimal care. While taxpayers and business owners foot the bill for expenses previously covered by PIP, auto insurers will able to limit payments to $2,500, a 75-percent reduction in liability. The result is huge profits for auto insurers.

Danger on the Playground: Riding the Slide with Your Toddler in Your Lap Could Break Her Leg

cheuwetter@gmail.com — Wed, 02 May 2012 14:04:57 +0000

When your toddler is clamoring to ride down the big-kid slide at the playground, mostparents assume that the safest thing to do is put her on your lap and ride down with her. But orthopedists say that doing so puts small children at risk for broken legs — and it happens far more frequently than you’d think.

Parents may not notice when their child’s shoe catches on the side of the slide for a second or two, but that, combined with the speed at which the parent and child are zipping down the slide, can create enough friction to break the child’s shin bone (tibia). Instead, what parents do notice is that at the bottom of the slide, instead of laughing with joy, the child is whimpering or screaming in pain.

Related: The biggest sports health hazards kids face

“My wife was just trying to keep Hannah extra safe and make sure she didn’t fall,” Jed Dickman told the New York Times. His 18-month-old daughter’s sneaker snagged on the slide, and by the time his wife freed it the child’s tibia had fractured. “She felt very guilty about it.”

Amy Canterella had a similar experience in 2009, when her daughter was 18 months old. “I was horrified,” she told MSNBC. “I thought I was making her safer. I’d never heard this sort of thing could happen.”

Dr. John Gaffney, a pediatric orthopedist at Winthrop University Hospital in Mineola, N.Y., saw so many toddlers with broken legs that he decided to try to figure out what was causing the problem. He studied the medical records of all of the kids with fractured tibias whom he had treated over the course of 11 months and found that, out of the 58 cases, 13 of the kids had broken their tibias on playground slides — and every one of them had been riding on an adult’s or older sibling’s lap at the time.

“If a toddler is riding by himself and gets his leg stuck against the side of the slide, he can stop himself pretty easily,” Dr. Gaffney explained to MSNBC. “But with the parent’s weight added in, you’ve got greater velocity and momentum and it’s harder to stop.”

It can happen even if you’ve carefully tucked your toddler’s legs between yours, too: if the edge of the shoe sticks on the surface of the slide on the way down, the child’s leg can twist, snapping the tibia.

Dr. Ed Holt, an orthopedic surgeon at Anne Arundel Medical enter in Annapolis, Maryland, told the New York Times that he’s treated several children with what he describes as a “sliding board fracture,” which he calls “entirely preventable.”

Four dead in South Florida crashes

cheuwetter@gmail.com — Mon, 30 Apr 2012 15:44:51 +0000

A bloody Thursday on South Florida’s highways left four people dead across two counties.

A newspaper carrier on her way to pick up the daily deliveries was killed along with her father, who was visiting from Nicaragua. A motorcyclist died in a violent collision with another motorcyclist. And a driver was ejected and killed after her vehicle was slammed by an out-of-control car.

Carolina Cuadra, a contract newspaper carrier for The Miami Herald Media Co., was on her way to a warehouse to pick up morning newspapers for her route in West Miami-Dade. She was accompanied by her father, Isaac Antonio Lopez, who was in town for two weeks and helping her deliver papers on her route, south of Coral Way and west of Southwest 102nd Avenue.

Father and daughter, who were traveling in a 1996 Toyota, were heading south on the Palmetto Expressway around 1 a.m. Thursday when a 2002 Dodge pickup truck slammed into them from behind near the Northwest 36th Street off-ramp, according to the Florida Highway Patrol.

Before Thursday’s tragedy, she was on the job 365 days a year.

“She was so passionate about what she did, so committed,” said her supervisor, Hector Guevara.

Her husband, Jose, also a newspaper carrier, was waiting for them at the warehouse. He was sent home and given the heartbreaking news.

“She knew her customers by name,” said former supervisor Ken Vendettuoli. “She knew how to position each paper to make her people happy. She knew that this one wanted it on the porch, the other on the driveway.”

Jeff Hood, 45, of Miami, was driving the truck that hit Cuadra’s car. Charges are pending, according to FHP, which is looking into whether the crash was alcohol-related. Miami Dade Fire Rescue treated Hood on the highway. He suffered minor injuries.

Shortly after in Broward, two motorcycles collided on the westbound ramp to the southbound turnpike from I-595. Sara Ramirez Sandoval, 22, of Dania Beach died; the other biker, whose identity was not released, is in critical condition.

Both bikers failed to complete a curve, lost control, struck the retaining wall and were hurtled over the ramp, according to the FHP.

Three hours later in Broward, drivers came to a screeching halt on I-595 at Nob Hill Road in Davie after a three-vehicle, hit-and-run crash left a 20-year-old woman dead.

Bertha J. Rodriguez-Garcia of Sunrise was traveling west when Wilbert Saintubert, 36, of Fort Lauderdale lost control of his vehicle after his was hit by another car, according to reports. Saintubert hit Rodriguez-Garcia’s Honda CR-V. She was ejected.

“One car fled the scene,” FHP spokesman Mark Wysocky said. “We are looking for a small dark-colored SUV with heavy front damage.”

Read more here: http://www.miamiherald.com/2012/04/26/2769239/four-dead-in-south-florida-crashes.html?story_link=email_msg#storylink=cpy

Fatal scooter crash exposes hazardous turn in Davie

cheuwetter@gmail.com — Thu, 19 Apr 2012 14:46:47 +0000

A recent fatal crash with a scooter motorist in Davie highlights a roadway’s dangerous curve.

Albert Lenches, 74, was killed Friday when a silver 1997 Mitsubishi Eclipse spun out of control on the wet pavement and slammed into his scooter, according to a police report.

The Eclipse driven by Brian Rosado, 20, traveled north on Reese Road in the 2600 block while the electric scooter came southbound on that same stretch of road, police said.

Rosado estimated his speed was approximately 45 miles per hour and, as he negotiated the curve, he lost control of his car and attempted to regain it before striking Lenches.

“I was driving and spun out and hit him and he’s dead!” Rosado told police. “I hit him hard and he’s dead.”

After hitting Lenches, Rosado’s car landed against a utility pole on the west shoulder of the road where the posted speed limit is 35 mph. He suffered injuries to his leg, back and neck and was treated at Westside Regional Hospital, according to the report.

Lenches was transported to Broward General Hospital where he later died, police said. His sister requested that the scooter be destroyed after the investigation is completed.

Florida does not require any training for motorists driving a scooter or a motorcycle endorsement for scooter drivers when driving scooters with engines smaller than 50 cubic centimeters.

From 2006 to 2010, there were 314 people killed in crashes involving motor scooters, mini-bikes and pocket motorcycles, according to the National Highway Traffic Safety Administration.

The case remains under investigation, but police reported Rosado was negligent because his tires were balding, according to the report. The roadway was wet, although there was no standing water during the afternoon crash.

YAZ CLAIMS SETTLEMENTS ANNOUNCED: BAYER TO PAY TO AVOID JURY TRIALS

cheuwetter@gmail.com — Mon, 16 Apr 2012 13:15:12 +0000

April 13, 2012- In “BAYER SAID TO PAY $110 MILLION IN YAZ BIRTHCONTROL CASES“, by Jef Feely & Margaret Cronin Fisk, BLOOMBERG provides a brief YAZ CLAIMS LAWSUIT update. The story explains how BAYER has reportedly agreed to pay settlements – and avoid civil jury trials – over the DRSP (DROSPIRENONE) family of birth control pills. The feature reports that 500 DROSPIRENONE LAWSUITS or DRSP LAWSUITS have been settled for “at least” $110 Million U.S. Dollars.

With over 11,300 YAZ CLAIMS pending as of February 2012, as discussed here, this is the first report of a meaningful settlement of some blood clot cases. There is no discussion of gallbladder cases despite there being a plethora of these cases among pending lawsuits. The BLOOMBERG story notes that an FDA funded study released in October 2011 found that DRSP (DROSPIRENONE) containing birth control pills were 74% more likely to suffer blood clots in comparison to other pills.

This report comes on the heels of the FDA’s announcement this week that the DRSP (DROSPIRENONE) family of contraceptives would carry a revised warning label warning of increased risks of blood clots that may be up to 3x higher in comparison to other pills. The manufacturer has continued to claim otherwise despite multiple studies emerging since 2009, including the FDA’s own study, that confirm a higher risk. FDA’s revised label was announced this past week and raises questions explored below.

YAZ LAWSUITS or YAZ CLAIMS continue to be evaluated and filed. FREE CASE EVALUATIONS are available through the sponsor of this site.

Jurors acquit man in hit and run crash that killed two teens

cheuwetter@gmail.com — Fri, 13 Apr 2012 20:22:07 +0000

BALTIMORE – Jurors acquitted a man charged in a hit and run crash that killed two teenagers last June. The crash happened last June on Martin Luther King Jr. Boulevard.

Reuben Dunn was acquitted of two counts of vehicular manslaughter, leaving the scene of the accident, reckless and negligent driving and a DUI.

Emerald Smith and Courtney Angeles died when a car traveling southbound hit the two girls throwing them at least 40 feet. The car sped off and was later pulled over near BWI Thurgood Marshall Airport.

Police say Dunn was driving the car and under the influence. But when the car was pulled over near the airport, Dunn’s girlfriend, Kendra Myles, was driving.