Miami Beware: Carbon Monoxide Poisoning Leading Cause of Poisoning Deaths According to New CDC Study

This week, the U.S. Centers for Disease Control and Prevention (CDC) issued its report on deaths by poison in this country, and it has been confirmed that carbon monoxide poisoning is the leading cause of unintentional poisoning deaths in the United States.

Hundreds of people die each year from inhaling carbon monoxide without knowing it. Thousands must be hospitalized after breathing these toxic fumes. The CDC numbers are not from exposures that are intended (e.g., suicide attempts or homicides). These are accidents, unintentional breathing of carbon monoxide.

What is carbon monoxide?

Carbon monoxide kills humans and other animals that breath it in. It is a poisonous, toxic gas that is especially dangerous because it is colorless, odorless, and tasteless.

There is no way to know if it is present in a room unless technology helps with a CO monitor.

What are the symptoms of Carbon Monoxide (CO) poisoning?

If you have inhaled toxic carbon monoxide fumes then you may first experience some or all of the following:

• headaches
• nausea
• light headedness/dizzyness
• flu-like symptoms (aches, pains, congestion)

Left in the presence of CO, you can lose consciousness and eventually die.

Miami, Do You Need to Worry About This? Yes, You Do.

Carbon Monoxide poisoning does not sound like something that the sunny beach communities of South Florida need to be concerned with, right? Isn't this something that happens to people living in snowy winters trying to stay warm with open ovens or faulty space heaters?

It's true that colder climates do see more heater accidents and CO poisonings due to heating needs, but that doesn't make Miami immune. Florida does get cold in the winter.

And tragic deaths from CO poisoning do happen here. Remember the teenagers, partying in a local hotel room who died from car exhaust fumes that entered the room where they slept?

Be careful, Miami -- educate yourself about CO poisoning at the CDC Information page.

By Bryant Esquenazi on August 9, 2011 12:51 PM

Government Extends Deadline Requiring Toys to Be Independently Tested Before American Kids Can Play With Them

Children are hurt, seriously injured, or killed by toys every day - and this is becoming a growing danger as more and more children's products are being manufactured overseas and then imported and sold in the United States.

Toys Can Be Deadly

Fun, friendly childrens toys can cut, electrocute, or otherwise seriously injure kids of all ages. For example, the consumer advocacy group W.A.T.C.H. has published its annual most dangerous toys list at toysafety.org, with the 2010 lineup including:

1. SPY GEAR SPLIT-BLASTER (eye injuries)
2. SUPASPLAT SPLATBLASTER (eye, face impact injuries)
3. KUNG FU PANDA SWORD OF HEROES (impact injuries)
4. MY FIRST MINI CYCLE (head, impact injuries)
5. PULL ALONG CATERPILLAR (choking injuries)

Government Will Require Third Parties to Check Toys for Safety Before They Are Sold

With the growing problem of toys hurting kids, the U.S. Consumer Product Safety Commission (CPSC) approved new third party testing requirements for the toy industry.

However, according to its latest press release, the CPSC has voted to give manufacturers, importers and private labelers additional time to put a third party testing program into place. This, even though they've already had 2 years to get ready for this double-check. From the CPSC:

CPSC has approved a stay of enforcement on the requirement for third party testing and certification of children's toys until December 31, 2011. The Commission will enforce third party testing and certification of compliance based on the testing for toys manufactured or imported after that date.

In the Consumer Product Safety Improvement Act of 2008 (CPSIA), Congress required that the existing voluntary standard become a mandatory standard and directed CPSC to require testing to that standard. In May 2009, the Commission adopted the updated voluntary ASTM standard known as F 963-08 as the mandatory safety standard for toys and ASTM F 963-07ε1 as the mandatory safety standard for toy chests.

Safeguards in the mandatory toy standard strive to eliminate electrical, thermal and mechanical hazards, including cuts from broken wires, strangulations from long cords, burns from heating elements, shocks from electrical circuits and suffocations from hemispherical-shaped objects.

If your child is hurt by a toy, then you may have a claim for justice against not only the toy manufacturer, but also the distributor and the store where you purchased the product. Make sure your child is safe, then safeguard the toy (it may be evidence). Then, call your lawyer if you think you have a claim. Oftentimes, it is only from courtroom lessons that these toy makers learn to put people over profits.

By Bryant Esquenazi on August 4, 2011 1:57 PM

Boogie Board Injuries: Christopher Schwarzenegger Accident Should Bring Spotlight to Dangers of Boogie Board Serious Injury

The 13-year-old son of Arnold Schwarzenegger and Maria Schriver, Christopher Schwarzenegger, was released from the hospital last night after suffering serious injuries while boogie boarding near Malibu.

Life-threatening injuries from Boogie Board accident

Schwarzenegger was reported to have suffered multiple broken bones and a collapsed lung - and spent several days in the Intensive Care Unit - after he had a bad spill on his boogie board while boogieboarding, crashing head-first into an object on the beach.

Boogie Board Injuries Are Often Serious - Especially for Teens

Boogie boards are popular here in Miami, as well as on most Florida beaches, and elsewhere around the world where ocean waves beckon. However, boogie boards are also well-known among injury experts -- medical experts, legal experts -- as being dangerous, especially for teenagers. Consider the 2002 discussion by Australian medical researchers on the likelihood that children and adolescents who ride boogie boards are especially vulnerable to severe abdominal injuries.

What To Do If Boogie Board Accident Happens To Your Loved One

If your day at the beach takes an unexpected turn because of a boogieboard accident, then remember to remain calm, and get medical help for the victim as soon as possible. Call 911, and be aware of the possibility of multiple broken bones or injured internal organs before attempting any type of movement of the injured person. Ask for directives from the 911 operator on how best to help the victim until Emergency Medical Care arrives.

It is also important, from a legal perspective, to document the scene as soon as possible. Have someone take photographs of the boogie board (is it cracked?) as well as the state of the beach (is it littered with debris?) and the height of the waves. Take the names and contact information from those who witnessed what has just happened.

It may sound callous, but having the facts as soon as possible can mean all the difference when an insurance claim is filed and an adjuster begins questioning whether or not coverage is available, etc.

By Bryant Esquenazi on July 26, 2011 2:36 PM

Ford Recall July 2011 - Another Big Ford Pick-up Truck Recall, Miami Ford Truck Drivers Take Note

Ford Motor Company just announced another big recall for Ford vehicles. Another one.

Back in March 2011, we posted about the Ford recall of Ford pickup trucks because their tires could blow out and cause accidents.

The very next month, April 2011, Ford Motor Company announced another recall - this time, 1.2 million of Ford's F150 pickup trucks were recalled because of an electrical wiring problem. Seems that the Ford F150 pick-up truck airbags could just pop open on a whim, causing accidents or injuries.

Now, here it is: July 2011, and Ford Motor Company is recalling Ford pick up trucks again. This time, Ford Ranger pickup trucks, Ford Excursion SUVs, and a variety of Ford F-series pickup trucks (F-250, F-350, F-450, and F-550) are being recalled because of a problem with an electrical gizmo that could make the tail lights not work. Which might cause a wreck, say, if no one sees the brakes are on because the truck's brake lights don't work, right?

For details on all these Ford Pick-up Truck Recalls, check out recalls.gov or go to the Ford Motor Company website's recall information page.

And remember: products can cause serious harm or injury, and defective products do kill people. It's wise to respond to a product recall.

If you drive a Ford pick-up truck, then drive by your dealer and get it checked out - you never know what wreck you may be preventing just by doing this one little chore. And, sure, with this record it sounds like you might be dropping by the dealership every month to six weeks ... if Ford's recall track record stays on its monthly schedule.

What if you were in a wreck while driving a Ford pickup truck? The product (here, the truck) might be a contributing factor to your accident and something you need to investigate, discuss with your injury attorney. Product liability claims are possible and are different from filing claims against the negligent driver, etc., in a crash.

By Bryant Esquenazi on July 21, 2011 2:54 PM

Class Action Lawsuits Can Be Only Hope for Some Injury Victims, Now U.S. Supreme Court Slams Door on Easy Access to These Kinds of Shared Group Lawsuits, Congress Investigating

Class action lawsuits will be harder to pursue in the future, because the United States Supreme Court has issued two rulings making it much more difficult for plaintiffs to group together into one, big lawsuit and pursue justice against evildoing defendants.

This is not good news for injury victims and their families in Florida or elsewhere in the United States.

Think Erin Brockovich without the ability to get all those folk together into one big lawsuit - the real Pacific Gas & Electric (PG&E) class action made the basis of that Julia Roberts movie may be the most well-known class action lawsuit among Floridians today.

Class action lawsuits allow a number of injured plaintiffs to group together into one big, fat lawsuit (the group is called a "class") and pool their efforts in pursuing justice. Usually, these class action lawsuits are against huge, rich, powerful corporations, like auto makers or drug manufacturers.

The two cases are Wal-Mart v. Dukes and AT&T v. Concepcion and many people are arguing that this is all politics -- that the conservative majority on the High Court have made life easier for Big Pharma and other big corporate defendants in the future.

Congress is Investigating What the Supreme Court Has Done to Average Joe Plaintiffs

In fact, Senate Judiciary Committee chairman Patrick Leahy (D-Vt.) has already begun investigating the impact of these rulings with a hearing on June 29, 2011, where the SJC began gathering witness testimony and evidence on these two cases and how their negative impact on class action lawsuits is really barring access of citizens to the courts to address and right bad behavior by huge, powerful corporations.

The Legislative Branch does have the ability to pass laws that could bring protections back to American Plaintiffs that have been hurt by these two opinions. Hopefully, justice will prevail -- but for now, the Supreme Court has curtailed the ability of plaintiffs to sue as a group, and this is good news only for big business defendants.

By Bryant Esquenazi on July 7, 2011 1:48 PM

FDA Panel Revokes Avastin for Breast Cancer Treatment Despite Patient Outcry

This week, an FDA Panel made up of independent experts unanimously voted that the cancer-treatment drug Avastin (bevacizumab) no longer be sold as a treatment for breast cancer in the United States. It will now be up to the FDA Commissioner, Margaret Hamburg, M.D., to review and decide upon the panel's recommendation - and if the Commissioner agrees, then the FDA will remove Avastin from the market.

Last December, as we detailed in our post, "Today's Recall of Breast Cancer Drug Avastin: Scandalous FDA Drug Recall That Many Deem "Death Panel" Decision," there was a recall of the drug - which was met by huge patient outcry and many pointing to Avastin as the first example of Death Panels in this country.

Despite that huge backlash in December, this FDA panel has issued its conclusion that Avastin offers "no substantial benefits" while it has "substantial risks" to victims of breast cancer. Interestingly, the panel okayed Avastin for other cancer treatments, such as lung cancer, colo-rectal cancer, renal cell carcinoma, and cancerous brain tumors.

Want to make a comment to the FDA Director on Avastin?

You can email her at margaret.hamburg@fda.hhs.gov.

By Bryant Esquenazi on June 30, 2011 1:15 PM

How Safe is Your Diabetes Drug, Miami? Three Popular Diabetes Drugs Being Questioned by Government Agencies This Week

What diabetes drug are you or a loved one depending upon to control diabetes safely? According to recent news reports, more and more of the diabetes drugs prescribed by doctors and previously okayed by the Food and Drug Administration (FDA) are now being questioned for their dangers.

Potentially unsafe and dangerous drugs for diabetes include:

1. Avandia (rosiglitazone)

Avandia was revealed to be risky last fall and instead of helping diabetes sufferers, too many Avandia users were experiencing heart attacks and dying from heart disease that may be tied to the diabetes drug rosiglitazone. A class action lawsuit was filed by 43 diabetes sufferers who are now Avandia victims just this week in Illinois.

2. Actos (pioglitazone)

This week, the diabetes drug Actos was pulled from the market in France and Germany because of concernes that this diabetes drug might be causing bladder cancer in those taking Actos. A research study done in France found that Actos users were 22% more likely to have bladder cancer as compared to diabetics using other prescriptions.

3. Victoza (liraglutide)

Liraglutide is used by diabetes sufferers who have been unsuccessful with first-line therapy, and is injected once a day. Yesterday, the FDA issued a warning that liraglutide injections (Victoza, Novo Nordisk) may be connected to thyroid C-cell tumors and acute pancreatitis.

We Must All Be Aware of Dangerous Drugs and Not Blindly Trust Medicine as Being Safe

Diabetes is a national epidemic - and here in South Florida, more and more diabetes sufferers are diagnosed every day. Dangerous drugs, unfortunately, are another huge national problem and it is not enough to trust your doctor or your pharmacy to give you or your loved one safe medicine.

Be aware of what you are taking - and if you are taking these diabetes drugs, please check with your doctor. Maybe you need to find another method to control your diabetes.

And if you or a loved one suffers from diabetes and now has a diagnosis of cancer, heart disease, or other life-threatening illness, then perhaps it's time to check with a lawyer, too. Don't trust a doctor to always let you know that you have a potential lawsuit.

By Bryant Esquenazi on June 14, 2011 1:27 PM

E coli O104 Outbreak Spreads from Europe to USA: Confirmed Victims in Tennessee and Virginia - Tips for South Florida to Avoid Exposure

There is a dangerous bacteria killing people in Europe, and now the Center for Disease Control and Prevention has confirmed that it's already been found in the states of Tennessee and Virginia. It's being called "E coli O0104" and we need to be ready for it here in South Florida.

Over in Germany, the World Health Organization is reporting that locating the source of the bacteria may not happen because they are running out of time: is it vegetables, is it meat? There doesn't seem to be a common thread running between the victims (not everyone ate the same thing, swam in the same lake, etc.).

In May 2011, the FDA reported USA was safe: now Tennessee and Virginia have been hit with European E. coli strain

Tragically, a two year old little girl in Dryden, Virginia, died this past weekend from E coli O104 bacterial infection.

The Food and Drug Administration (FDA) has issued a statement on the E. coli O104 outbreak in Europe, and there should be more coming from the FDA very soon.

From the FDA, we know that:

• consumers in Germany have been warned to avoid raw tomatoes, cucumbers and lettuce.
• as of the date of this first release, the FDA believed that this outbreak had not affected the U.S. food supply.
• the U.S. receives relatively little fresh produce from the EU, due to the short shelf life of most fresh produce and the availability of closer growing areas in the U.S. and Central America.
• in May, the FDA established additional import controls to protect against E coli O104, including increased surveillance of fresh tomatoes, cucumbers, lettuce and raw salads from areas of concern.

Miami - Here's What You Should Do Now To Protect Against E coli O104 Bacteria Outbreak

The Food and Drug Administration recommends the following when dealing with raw fruits and vegetables:

1. When preparing any fresh produce, begin with clean hands. Wash your hands for 20 seconds with warm water and soap before and after preparation.
2. Wash the produce under running water just before preparing or eating. This includes produce grown conventionally or organically at home, or produce that is purchased from a grocery store or farmer's market.
3. Proper storage of fresh produce can affect both quality and safety. Certain perishable fresh fruits and vegetables (like strawberries, lettuce, herbs, and mushrooms) can be best maintained by storing in a clean refrigerator at a temperature of 40° F or below. If you're not sure whether an item should be refrigerated to maintain quality, ask your grocer.
4. All produce that is purchased pre-cut or peeled should be refrigerated to maintain both quality and safety.
5. Cut away any damaged or bruised areas before preparing or eating.
6. Gently rub produce while holding under plain running water. There's no need to use soap or a produce wash.
7. Wash produce BEFORE you peel it, so dirt and bacteria aren't transferred from the knife onto the fruit or vegetable.
8. Use a clean vegetable brush to scrub firm produce, such as melons and cucumbers.
9. Dry produce with a clean cloth or paper towel to further reduce bacteria that may be present.
10. Throw away the outermost leaves of a head of lettuce or cabbage.

By Bryant Esquenazi on June 7, 2011 10:34 AM

Miami's Sean Kingston, Hip Hop Star, in Near Fatal JetSki Accident While on Vacation Here in Miami Beach - The Importance of Cause in an Injury Claim

Singer Sean Kingston, born here in Miami, was involved in a very, very serious accident last Saturday when he was having fun with friends, cruising the MacArthur Causeway on a personal watercraft (which most know as a JetSki, though it's unclear who the maker is of the product that Sean Kingston was using - others include Yamaha WaveRunners and SeaDoos).

Today, Sean Kingston is in the Jackson Memorial Hospital ICU after he crashed that watercraft while going at a high speed.

According to his friend, who was riding behind him at the time, Sean was riding toward the Palm Island Bridge when he realized that they would not fit under the bridge. As he turned the watercraft, both Sean Kingston and his passenger, Cassandra Sanchez, were thrown into the water.

A Good Samaritan in a nearby boat grabbed them from the Causeway, and while Cassandra was banged up but otherwise okay, Sean Kingston has suffered severe trauma and is far from out of the woods at this point.

Meanwhile, friends like Serena Williams are popping into the hospital for a visit and Justin Bieber is tweeting about Sean's condition - Sean Kingston was Bieber's opening act during his last tour. Police officials have confirmed that alcohol wasn't involved.

Florida Personal Watercraft Laws Designed to Protect Against Serious Accidents Like This One

Miami Beach - and most of Florida - is filled with water-people. Tourists and locales alike love the sun and sand and surf: there are lots of personal watercraft (like JetSkis and WaveRunners) in use every day. Which means that there have been more accidents here in Florida involving these personal watercraft than in other states, and the Florida Legislature has enacted lots of regulations over their use.

From the Florida Fish and Wildlife Conservation Commission site, here is a summary:

1. Each person operating, riding on, or being towed behind a personal watercraft must wear an approved non-inflatable Type I, II, III, or V personal flotation device (PFD).
2. Inflatable PFDs are prohibited for personal watercraft use.
3. The operator of a personal watercraft must attach the engine cutoff switch lanyard (if equipped by the manufacturer) to his/her person, clothing or PFD.
4. Personal watercraft may not be operated from 1/2 hour after sunset to 1/2 hour before sunrise, even if navigation lights are used. Remember, both federal and state law requires the use of navigation lights from sunset to sunrise.
5. Maneuvering a personal watercraft by weaving through congested vessel traffic, jumping the wake of another vessel unreasonably close or when visibility around the vessel is obstructed, or swerving at the last possible moment to avoid collision is classified as reckless operation of a vessel (a first-degree misdemeanor).
6. A person must be at least 14 years of age to operate a personal watercraft in Florida.
7. A person must be at least 18 years of age to rent a personal watercraft in Florida.
8. It is unlawful for a person to knowingly allow a person under 14 years of age to operate a personal watercraft (a second-degree misdemeanor).
9. Anyone born on or after January 1, 1988 is required to either have successfully completed a National Association of State Boating Law Administrators (NASBLA) approved boating education course or have passed a course equivalency or temporary certificate examination and have in their possession a boating education ID card and a photo identification card before operating a vessel with a motor of 10 HP or more in Florida. Identification cards for persons completing the course or the equivalency exam are good for a lifetime. Temporary Certificate exams are made available to the public through contractors. The temporary certificate is valid for 12 months from the issue date.

Any personal injury lawsuit that arises from a serious personal watercraft injury or wrongful death will face an insurance company (and defense attorney) going through this list with a fine-toothed comb, looking for ways to make the driver responsible for his own accident.

However, these regulations should not intimidate someone who has been harmed on a personal watercraft from pursuing justice under Florida law because:

• if the watercraft malfunctioned in some way,
• if there were insufficient instructions on its use,
• if there was blockage in the water itself because no one had cleaned out the trash,
• if there was an intentional distraction (someone flashing a blinding light, crying out, etc.),
• or if there was another cause of the crash,

then these regulations will not suffice as a barrier to the plaintiff (or his surviving loved ones) from making those responsible take on that responsibility. Legal causation must be determined - and what is seen at first glance in an accident may not reveal what has happened to cause that accident and injury.

 By Bryant Esquenazi on May 31, 2011 1:17 PM

Honda Airbag Recall Up to 1.6 Million With Today's Recall of 833,000 More Honda Models for Exploding Airbags

Honda Accords, Honda Civics, Acuras, Honda CR-Vs -- looks like almost every popular model of Honda driven on U.S. roadways today may be at risk of an airbag that explodes without warning.

The Honda recalls of airbags just got lots bigger today, and now we're talking over 1,600,000 Honda vehicles that may be dangerous to drive - and are being driven.

What's the New Honda Airbag Recall?

Honda announced in a company press release yesterday that Honda was increasing the number of Honda and Acuras that were being recalled. And, it's a lot of cars that have been recalled: 833,000 cars to be exact.

Read the Honda Press Release announcing the recall here.

What's going on? Seems that Hondas can have flaws in their airbag inflators -- and the airbags can suddenly pop. That's right: you're driving along, and there goes the airbag.

Specifically, you need to stop driving your vehicle and have it checked out at the Honda dealer if you drive a:

• 2001 Accord
• 2002 Honda Accord
• 2001 Honda Civic
• 2002 Honda Civic
• 2002 Honda Odyssey
• 2002 Honda CR-V
• 2003 Honda CR-V
• 2002 Honda Acura 3.2 TL
• 2003 Honda Acura 3.2 TL
• 2003 Honda Acura 3.2 CL.

This is the THIRD recall of Honda airbags. We can only hope that it's the last.

By Bryant Esquenazi on May 3, 2011 1:42 PM

Florida Ex-American Idol Finalist Paige Miles Narrowly Escapes As GMC Envoy Bursts Into Flames

Last year, Paige Miles of Naples, Florida sang her way to 11th place in the American Idol talent show. Very impressive, and it's surprising to no one that yesterday, Paige Miles was at a rehearsal. Paige Miles has a very bright future ahead of her.

However, that bright future almost ended in tragedy when the SUV she was driving, a GMC Envoy, burst into flames while she driving the vehicle home. That's right: a fire started while the vehicle was in motion, in traffic, on a Florida roadway.

Luckily, Paige Miles managed to get out safely. On her Facebook page, she described jumping out of the vehicle while it was still moving, to get away from the flames.

She has also posted photos of the GMC Envoy, and the extensive damage caused by this mysterious fire. Go here to have a look at the aftermath.

GMC Envoy Fire - Obvious Argument of Product Defect

Paige Miles has explained that she believes the fire started from some sort of electrical problem. However, experts will have to go over the wreckage with a fine-toothed comb to determine what really happened this week, and why a fire began in a moving vehicle.

This is something that should never, ever happen. Anyone driving a GMC Envoy needs to be aware of this incident, and at the minimum, carry a fire extinguisher with them in the front passenger section where it can be easily found and used.

Product Liability - One Bad Apple or Defective Product Line

Without a major recall of GMC Envoys due to fires like this, then it's too soon to know whether or not Paige Miles is a victim of an individually flawed product, or if all models of this SUV are vulnerable to similar events. It's better to be safe than sorry right now, if you're an Envoy driver.

Under Florida law, product liability protections exist for either situation: a bad apple in a great product line, or a defective product line. Either way, plaintiffs who have been harmed by products can force the manufacturer to take responsibility for their mistake.

GMC knows this. You can be sure that they are checking out GMC Envoys today after news of Paige Miles' narrow escape. Or they better be.

 By Bryant Esquenazi on April 28, 2011 11:18 AM

New Nissan Recalls: Thousands of Nissan Leafs Recalled to Dealer This Week

Another big car maker recalls its product this week. This time, it's Nissan. Seems that its cute little economical electric Leaf sedan has a big ignition glitch. That's right: the Leaf, which is reportedly becoming really, really popular here in the U.S. - at least by electric car standards - has a big flaw.

What's the problem with the Nissan Leaf?

Sometimes, Nissan Leafs won't start. Turn the ignition - zip. Leafs apparently just sit there.

So, Nissan is recalling all its little Leafs back to the dealer, so the ignition problem can be repaired. Since starting a car isn't considered to be a problem that usually causes a danger, the recall isn't being labelled the same way that say, a defective tire (Ford this month) or a injection system (Toyota last year) are labelled.

Still, the recall this week by another major car maker of cars already released into the marketplace should give us pause.

• Shouldn't consumers be able to trust products that they buy in the marketplace?
• Shouldn't car makers make sure that their vehicles are ready for use before they sell them?

Products Liabilty Laws Seek Justice for Injuries After the Fact

In Florida, as well as the other 49 states in this country, there are laws on the books that personal injury victims can use to get justice when a manufacturer sends a defective product out into the marketplace and it hurts them. Plaintiffs can sue for damages from defective products that are defective by design, like those subject to recall. They can also sue for monetary damages when an individual product has hurt them even though on the whole, the product line is not dangerous.

For the country, however, it is defective product lawsuits where the entire product line is defective that brings protection. It is through big victories in defective product lawsuits that real change happens in this country -- because sometimes, it's only money that makes the corporation take heed and change its product (or remove it from the marketplace).

Nissan Escapes Courtroom Battles Here

In the case of the Nissan Leaf, this defective product won't mean much, product liability lawsuit wise. Since the lawsuit must show damage to be a viable claim, and a car not starting isn't likely to hurt someone, we cannot expect products liability lawsuits to teach Nissan to be more careful. (Every injury lawsuit must show (1) liability and (2) harm.)

Instead, we must rely on the government's oversight -- and word of mouth (like this post) on a product that is growing in popularity. Nissan Leafs are being recalled, and if you own one, you should know this.

 By Bryant Esquenazi on April 19, 2011 2:38 PM

New FDA Food Recall Website: Miami, Check to See if Food is Safe at New Website

This week, the Food & Drug Administration (FDA) has made it easier for all of us to check on suspicious food items or known food recalls. You can go to the website and in a few simple steps, learn whether or not a food product has been recalled - either voluntarily by its seller or by the FDA itself.

Remember all those hundreds of thousands of eggs recalled a few months back? We can't always trust the food on the shelves, Miami, and this new resource is a welcome one.

Go here for the new FDA Food Recall Site.

Also shown on the new website is a ready reference of food products that have been recalled in the past few months. Photos are included.

The FDA has provided this new resource as part of the massive federal legislation passed last fall, which implemented the first major update in federal food safety laws in almost 70 years.

The Food Safety Modernization Act (FSMA) is intended to alter how the FDA deals with food safety in America by focusing upon preventing bad food from happening, rather than responding to outbreaks of dangerous food after people are already at risk. For more on how this major new law impacts you, check our earlier post, "What Miami Needs to Know About the Federal Food Safety Modernization Act."

Working together with this new, user-friendly food recall page is the federal government's food safety website, FoodSafety.Gov. It's here that you can report a food that you think is dangerous and should be recalled. For example, if you open a jar or a box or a carton and something's just not right - don't use that product. Go to the web and check for a possible recall -- and if it's not there, trust your instincts. Perhaps this is a product that needs to be reported.

It's always better to be safe than sorry, especially with food products that can carry toxic bacteria which can cause serious injury to most and death to some. Kids, babies, the elderly, and pregnant women are especially vulnerable to food poisoning.

In the press release announcing the new website, the FDA's Deputy Commissioner of Foods explained, "[r]ecalls, mandatory or otherwise, are serious and we must do everything possible to make it easier for people to know about these recalls so they can take all appropriate steps to protect themselves and their families. We encourage people to check out our new recalls search page for themselves, and use it whenever they have a question about a recall."

By Bryant Esquenazi on April 5, 2011 1:36 PM

Unsafe to Drive: Honda Recalls 2011 Odyssey Minivans While Volkswagen Recalls 2011 Jettas

It's sweet to drive that new vehicle off the lot -- that new car smell, the cutting edge technology, everything inside so clean and shiny and new. Sweet but short-lived: oftentimes, it's the brand new products that are subject to recall by their manufacturers.

All too often, it is only after the new car, minivan, or truck hits the road that defects and flaws are discovered by the manufacturer - and the products must be recalled for these problems to be fixed. Defects in products deemed safe enough to sell can prove to be dangerous - and while product recalls are an attempt to fix things, it is sadly all too true that many of these errors form the basis for products liability lawsuits where plaintiffs have been seriously injured or victims of wrongful death.

Beware the New Product: Honda Odyssey and VW Jetta as Two Examples

This week, two car makers have issued voluntary recalls of products that they okayed and placed into the marketplace for buyers to trust and purchase.

• Honda is recalling 2,800 of its 2011 Odyssey minivans, sold throughout the United States, so that Honda dealers can replace the side window glass in one or both of the front doors. Why? According to its news release, Honda has discovered there is "... a potential for one or both windows to become detached from the window regulator, causing the window to become inoperative and preventing it from being rolled up or down. In the worst case, the window may bind and shatter onto the occupants. No crashes or injuries have been reported related to this defect." Honda Odyssey owners with questions can call the car maker at calling (800) 999-1009 (choose option 4).
• VW Jettas are the subject of a much larger recall this week. Volkswagen of America, Inc. is recalling 71,043 of its new 2010 and 2011 Jettas because the VW dealers need to "...reconfigure a wiring layout associated with the anti-theft alarm system and horn. No injuries or accidents have been reported as a result of this condition." Jetta owners with questions should contact Volkswagen at 1-800-822-8987.

If you have a question or concern about any new product - car, car seat, tire, toy, appliance, whatever - then visit www.recalls.gov to check for the possibility of a product recall. If you have been injured by a defective product, then know that you may have a claim for damages and take steps to protect your claim: safeguard the product, document the incident, and contact a plaintiff's products liability attorney. Sometimes a product line is defective; sometimes, a single flawed product can be the cause of harm.

By Bryant Esquenazi on March 29, 2011 1:24 PM

Michael Jackson Murder Trial: Shows Us How Juries Are Really Picked - In Florida or California

The trial of Dr. Murray for being responsible for the untimely death of Michael Jackson is underway - jury selection starts tomorrow.

The people that will serve justice in this proceeding already have their notices in hand, requiring them to appear at the courthouse as potential jurors. They just don't know yet, and neither do we, who the actual jurors will be.

Picking a jury in the California criminal trial isn't that much different from picking a Florida personal injury jury here in Miami.

Citizens get a notice with instructions on the time and date they are to come to the official jury room. Lots of people show up. There's parking to deal with - where to park, cash to bring, and decisions to be made on reading material and snacks to take.

Once there, citizens find they are part of a big group of people who got similar notices. Out of that big group, smaller ones are chosen to go to courtrooms and be part of the selection process for particular trials.

The big group waits around, reading the paper or eating chips from a machine, until a court representative sends word that a jury is needed and another bunch of people need to be sent up to that court. There's a lunch break.

Picking the Jury: Questions That May Seem Too Personal

Meanwhile, trial attorneys are getting ready to question the group because they need to know that those folk who get on the jury will be fair.

No one wants the defendant's sister in law on the jury - except the defendant. And these questions are prepared in advance, lots of time goes into what to quiz the jurors.

In personal injury trials where millions or billions of dollars is at stake, professional jury consultants will be hired to assist the lawyers in jury selection. They may go so far as to have "ghost juries" to track the proceedings in the courtroom or practice panels for jury selection preparation.

Information on potential jurors will be provided to both sides by the court clerk - attorneys will know in advance where they live, how old they are, things like that.

Dr. Murray - Michael Jackson Manslaughter Trial Jury Selection Questions

TMZ has published a partial list of the questions that Murray's attorneys will be asking during jury selection. Here are a couple of examples - questions that might well be asked in a personal injury trial as much as a criminal one:

• At what age should a person be held accountable for their decisions, actions and consequences?
• Do you have a blog? If so, describe.
• Are you active on social networks. If so, which?

Why ask about blogs or Facebook or Twitter?

For one thing, these questions can lead to follow up questions - what's your blog about? have you ever blogged about product recalls? etc. Individual questions that will reveal more about the potential juror. For example, Dr. Murray may want responsible business owner types, while his opposition will probably want dedicated music fans.

Will those blogs and Facebook pages and Twitter tweets be read as part of jury selection in Dr. Murray's trial? What do you think?

By Bryant Esquenazi on March 24, 2011 1:04 PM