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

Miami, Be Careful: Kids Are Dying In Cars From Heat Exposure - Feds Call Meeting on Increasing Danger

This week, the National Highway Traffic Safety Administration (NHTSA) invited car makers, safety advocates,and consumer interest groups to meet in a precedent-setting "round table" discussion about how to combat the growing danger of kids under the age of 14 dying in cars from heat exposure, aka "hyperthermia."

Feds Are Worried About Number of Kids Dying From Heat in Cars

In 2011, 21 children have died so far from heat-related deaths and that number is expected to almost double during this fluke heat wave that is hitting parts of the country that isn't used to 90-100 degree temperatures. NHTSA is reporting that hyperthermia kills more kids 14 years old and under in cars than anything other than major car wrecks.

Miami, it's dangerous to leave kids in cars - even when the thermostat reads as low as 70 degrees

According to the research, even a mild day with temperatures as low as 70 degrees outside can still mean a child can die from heat exposure if they are left in a car setting in the sun. Floridians understand this: the sun beating down on a metal car can heat that interior quickly; here in Miami, we know to leave the windows open just a bit, for example, or risk returning to the car and finding the windshield or a door window cracked from the heat.

What are the symptoms of heat exposure? A child or adult suffering from a body temperature that is too high (104 degrees or higher) may experience the following:

• dizziness
• disorientation
• agitation
• confusion
• sluggishness
• seizure
• hot dry skin that is flushed but not sweaty
• loss of consciousness
• rapid heart beat
• hallucinations.

NHTSA is meeting with experts in this area to brainstorm ways to increase public awareness and to save kids from preventable injuries and death from heat exposure.

Please spread the word on this very real danger - and don't leave your kids in the car.

By Bryant Esquenazi on July 28, 2011 1:51 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

Sports Injuries Can Be Serious, Even Deadly: Jury Awards $10 Million in Wrongful Death of Florida College Football Player UCF's Ereck Plancher

Last week, an Orlando Jury Awarded $10 Million to the Parents of a College Freshman Who Died During Football Practice at the University of Central Florida

Ereck Plancher was only 19 years old when he died during a football practice (he was a wide receiver) at the University of Central Florida and last week, the jury came back with a $10 million verdict in the wrongful death personal injury lawsuit filed by Mr. and Mrs. Plancher against the University of Central Florida Athletics Association. The jury, however, did not award any punitive damages.

It has been reported that the jurors did not award any punitive damages because there was insufficient evidence that the school's football coach withheld water from Plancher as well as keeping team trainers from the boy after he had collapsed in an off-season workout designed to build the players up before the actual football season begins.

The National Center for Sports Safety keeps statistics on American kids who are injured or killed during sporting events every year, and according to their site (sourcing to Safe Kids USA):

• Over 3,500,000 kids aged 14-18 are injured while playing sports each year with injuries that are serious enough to need professional medical treatment
• Almost a fourth (21%) of all traumatic brain injuries suffered by kids in the United States each year are the result of sport injuries
• Sixty-two percent (62%) of injuries sustained during organized sports happen during practices and not the official games, even though 33% of parents don't take practices as seriously as games and don't take the same safety precautions for practice.

The Orlando Sentinel reports that in the past decade, 19 college football players have died while participating in offseason conditioning drills.

Of course, the University will appeal the Plancher verdict, and it may be years before the family actually sees any money from this case. And if you find this cruel and heartless, you are not alone: CBS News Commentator Gregg Doyel has spoken for many when he has labeled the University, where the young man died under their watchful eye, shameless.

Lessons for Parents of Kids Playing School Sports From the Ereck Plancher Lawsuit

For parents in Florida and across the country, it's time to take heed of the jury verdict in the Ereck Plancher lawsuit and recognize that kids need protection during practices as well as games at any school sporting event. This doesn't just apply to football, and it doesn't just apply to college-level competition.

However, it's also important to recognize this country's organized sporting industry and the importance of sports to school districts as well as colleges and universities. There's money to be made, and profits to be protected.

Which means that if a child is tragically injured or killed when he or she is practicing a sport or playing a game, then the parents may have a long, hard fight to get justice: they, too, may face a "shameful" appeal.

It's always shocking when deep pocket defendants try and avoid responsibility for their actions because of monetary concerns, but it's especially true when children have been the victims. Something that personal injury lawyers, unfortunately, see happen all too often in this country today.

By Bryant Esquenazi on July 12, 2011 11:23 AM

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

Miami Beach Cop Crashes ATV: Miami Police Causing Personal Injuries - What is Sovereign Immunity and When Can the Government Be Sued for Injury or Death?

Over this past Fourth of July weekend, a veteran Miami Beach cop named Derick Kuilan who was on the job (on duty) left a local hotel bar with a young woman, giving her a ride on the beach on his ATV.

They sped along, this cop and his lady friend, and they were going fast. It was dark. The ATV's lights were off.

The ATV was going so fast, in fact, that Luis Almonte and his girlfriend Kitzie Nicantor couldn't get out of the ATV's way in time, and both were run over by the police officer (again, who was ON DUTY) and seriously injured. The cop's friend, Adelee Sharie Martin, was reported thrown from the ATV but not hurt very badly.

If This Were Not a Cop....

If this were not a police officer, then this would be a straight-up personal injury law example: an ATV crash where the duty of the driver to be safe as he operated his all-terrain vehicle would be examined, to see if the driver breached that duty and caused the injuries sustained by the victim. If negligence was found, then the driver (and his insurance coverage) would have to cover the damages sustained by those who had been hurt.

When a Government Employee Is Involved in a Crash, It's a Different Situation

Things are different in a personal injury situation where a government employee is involved as the person operating the vehicle that crashes. Whether it is a car, an ATV, a motorcycle, or an SUV, if that government vehicle is involved then something called "sovereign immunity" may apply.

Or not. It's been reported in the Miami Beach ATV crash that officer Kuilan was seen fleeing the scene of the accident after it happened -- a key fact -- and that tests of his BAC levels (blood alcohol content) are being done by Internal Affairs, as he is on administrative leave from his job.

Witnesses say that the accident happened at around five o'clock on the morning of Sunday, July 3, 2011, and that after the crash, Kuilan asked onlookers to help him out and not say anything before he ran away.

What is Sovereign Immunity?

The idea of "sovereign immunity" has been a legal concept since ancient times, where it was more commonly known as "the king can do no wrong." Today, it is a legal concept, or "doctrine," that bars anyone from suing a governmental agency (like a police department) unless there are laws on the books that allow that lawsuit to be filed.

In other words, if the State of Florida does not have a law that lets an injured person sue the Miami Beach Police Department -- or any other state agency, even the Governor himself -- then that lawsuit cannot be filed.

Why not? There are several reasons for sovereign immunity, including protecting taxpayer money. If the accident happened in the course of a proper governmental action, then in the balance, it may be seen as better to protect the taxpayers as a whole than allow lawsuits for damages against a state entity.

For more details, check out this summary of sovereign immunity prepared by the Florida Senate.

Florida Statute 768.28 - Limited Ability to Sue Florida Government for Personal Injury

The Florida Legislature has passed a law that allows injured victims in Florida to sue for damages, waiving sovereign immunity in some situations. Of course, this law limits who can be sued, how much attorneys' fees can be awarded, etc. - but Florida does have laws on the books waiving sovereign immunity in some situations.

For the full text of Florida Statute 768.28, go here.

One of the Keys to Sovereign Immunity is Scope of Employment

One of the first questions to ask when a government agency, like a police department, is involved in a personal injury claim, is whether or not sovereign immunity bars the suit, and one of the key issues in that analysis is this: was the government employee acting in his scope of employment at the time of the accident?

Was a Miami Beach police officer in the scope of his employment, allegedly drinking at a hotel bar on a holiday weekend before taking a female passenger on a fast ATV ride in the dark, without headlights at five in the morning?

By Bryant Esquenazi on July 5, 2011 1:16 PM

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

Casey Anthony Opening Statements Today - Florida Example of How Trials Really Work, B4 You Get There

Casey Anthony's trial began today and in her attorney's opening statement, revelations were given to us all about how her daughter Caylee Anthony died, including allegations that her father George Anthony was involved in covering-up the drowning death of the toddler.

It's being called the biggest trial since O.J. Simpson and most of the news media, national and local, is covering this story. Nancy Grace has her show dedicated to this trial nightly.

You can watch the live feed of the Casey Anthony trial here.

True enough, this is a criminal trial. Personal injury cases have civil trials. Civil procedure and criminal procedure is different.

What Personal Injury Claimants and Plaintiffs Can Learn By Watching the Casey Anthony Trial

Nevertheless, anyone considering filing a personal injury case can learn a lot by watching this trial about what it means to be a plaintiff in a courtroom, fighting for justice when they or a loved one has been seriously injured or suffered a wrongful death.

In a Florida civil trial, just like a Florida criminal trial like the Casey Anthony trial going on now in Orlando, you will have the following:

The Judge
Sitting in robes above the rest of the participants, and able to see everything that's going on, the judge has the job of making sure that proper trial procedure is followed and that the law is followed: when necessary, the judge will make decisions on points of law.

The Jury
Civil plaintiffs must ask for a jury (and pay a jury fee); in criminal cases, they are mandatory unless the defendant waives the jury (and then the judge decides the case). In major cases, there are 12 jurors. In cases with smaller amounts in controversy, there may be less than twelve.

The judge decides what is legally admitted as evidence. The jury decides the facts based on the law given to them (in jury instructions) and the jury makes the final decision (verdict).

The Parties

In a personal injury case, the one who files the suit is the "plaintiff," and the one who is sued is the "defendant." The defendant learns of the lawsuit in pre-suit negotiations, usually; however, some defendants first learn of the lawsuit when they are served with notice of the complaint being filed.

The Evidence

Witnesses give testimony on the stand or via deposition. Witnesses also "prove up" documents that serve as evidence. This can take days or weeks.

The Record

A court reporter is responsible for keeping track of all that happens in the trial: recording all the words spoken and all the exhibits entered as evidence. The record will be the transcript of what the witnesses said in words and the documents that were admitted into evidence. This is what the appellate court reviews if an appeal is filed: the record that the court reporter has accumulated, sealed, and sent to the appeals court.

The Trial
Jury is selected

1. A panel of potential jurors is pulled from the jury room and they are brought to the courtroom. Attorneys for both sides question them, and the judge will sometimes ask questions, too. The goal is to get 12 unbiased people to serve on the jury, along with a couple of alternates.

2. Opening Statements

Lead attorneys for both sides make opening statements. Here, the lawyers give the jury an outline of what they will prove in the evidence. The Plaintiff's attorney gets to speak first at trial, before the defendant's attorney summarizes their defense.

3. Evidence is Given By Both Sides

Witnesses are called. The lawyer that calls the witness asks questions in "direct examination" and the opposition asks his/hers in "cross examination." Documents are presented as evidence as witnesses testify, unless the parties have argued documentary evidence already with the judge in a pre-trial motion.

4. Case Closes

After both sides are finished (they "rest"), then the attorneys give "closing arguments" to the jury.  Each side analyzes the evidence that has been presented during the trial, and argues how it fulfills his position. The Plaintiff will have the chance to rebut the defense's closing argument (and in a criminal case, the prosecution will offer a rebuttal)
5 Jury Decides

After the closing arguments, the judge will instruct the jury - and they will get written instructions that relate what the judge has said. They jury will then be escorted to the jury room to meet and decide. In some cases, they will be sequestered, and forced to stay in hotel rooms and away from their personal lives until they've reached a verdict.

6. Verdict is Issued

Once the jury decides, then the attorneys are contacted and everyone is asked to return to the courthouse to hear the verdict read to them.

By Bryant Esquenazi on May 24, 2011 1:38 PM

TMZ Scoop on A-List Celebrity Herpes Lawsuit: Sexually Transmitted Diseases (STDs) Can Be Basis for Personal Injury Lawsuit in Florida

TMZ has another big celebrity news story, one that is building this week: seems that an A-list celebrity (whose name has not been released yet) has been sued for giving someone herpes.

That's right. Some very big movie star ( according to the pleadings, an "A-list celebrity of substantial fame internationally") intentionally gave a sexually transmitted disease to a woman (her name's withheld, too) and she has filed a lawsuit for damages based upon having herpes now.

You can read the lawsuit's petition here as it was filed yesterday in Los Angeles.

Bases of the Movie Star STD Injury claim include (1) sexual battery; (2) infliction of emotional distress, intentional and negligent; and (3) fraud. Requested personal injury damages? TMZ is claiming it's $20,000,000.00.
Today, the plaintiff has revealed that there are videotapes which can be used as evidence that the claims are not frivolous. TMZ is keeping track of all the offers that are being made (these are in the millions of dollars) for these tapes; however, so far the videos remain within the attorneys' evidence files.

In Florida, Can You Sue for Personal Injury Damages As A Result of Getting an STD? Yes, You Can.

First of all, Florida recognizes that it's wrong for someone with an STD to infect someone else with the disease, especially when they are aware that they had an STD.

For several sexually transmitted diseases, this has been made a crime under Florida law and the person can be prosecuted by the district attorney's office for doing this. (Read the statute and its STD list here.)

Under Florida's personal injury law, giving someone a sexually transmitted disease can form the basis of a civil lawsuit, analogous to the one filed in California yesterday.

However, insurance policies will only provide coverage - and therefore money to pay any judgment - if the transmission was negligently done and not intentional. If the defendant knew that they had the STD and went ahead anyway, then there will not be insurance coverage. The defendant's assets will have to cover whatever monetary awards or judgments result from the lawsuit.

For the California International A-List Movie Star lawsuit, the plaintiff probably isn't concerned about collectibility of a judgment. You might be, if you're thinking about suing for an STD, and putting all that personal, private information into the public record.

By Bryant Esquenazi on May 12, 2011 2:23 PM

What is PIP Insurance Coverage - and How Insurance Companies Just Lost Their Latest Try at Getting Florida to Gut PIP Coverage

Personal Injury Protection, or "PIP" coverage, is something offered to Floridians as part of their automobile insurance policy. Right now, under Florida law, every car owner and driver must have at least $10,000 PIP coverage.

If you are in a car accident in Florida, this PIP coverage kicks in, never asking who's to blame. The $10,000 coverage is there, ready to help. Since the insurance company isn't allowed to assess blame here, Florida is called a "no fault" state.

PIP will cover up to 80% of your medical bills and up to 60% of your lost wages - up to that $10,000 cap. No questions asked.

Insurance companies are against PIP coverage because they are arguing that too many people take advantage of it, setting up fake insurance claims just to get the money. We've discussed this before; now, however, Tampa's Fox 13 Investigative Reporter has just published its own expose on PIP coverage fraud, which may help drive those pushing the legislature for change in the future.

Florida is No. 1 in the USA for Fraud PIP Claims

According to Tampa Bay reporter Doug Smith, Florida is actually number 1 in the United States for these kinds of fraud -- and Tampa is tops within the state for filing fake PIP claims.

According to the Fox story, many of these fake PIP claims are professional jobs where there are staged wrecks and clinics are set up to handle the filings. The crashes are set up to have lots of folk involved, so that $10,000 cap can be milked. Eight people can mean close to $80,000 from one scam. The news story goes on to interview those in the know, including police detectives who suggest that these big crash scams are orchestrated by organized crime.

Florida Legislature Nixes Reform - No Changes to PIP Laws for Now

In January, we discussed PIP reform proposals that were being talked about up in the state capital and the efforts of insurance carriers to push reforms through, from bill to law. They've failed.

The insurance industry had gone so far as to build up proposed comprehensive reforms to Florida's PIP laws, creating one big comprehensive personal insurance coverage reform bill.

Around ten days ago, that all fizzled out when the Florida House committee hearing the proposal voted against it. Specifically, HB967/HB1411 - the biggest attempt at changing PIP laws here in Florida in the past 4 years - died as it was voted down by the Florida House Subcommittee on Health Care and Human Services.

Read the dead bill's language here -- and see for yourself that what didn't succeed into turning into law this year was not only an attempt at altering your insurance coverage (instead of boosting regulations to stop criminals via criminal investigation, etc.) but an attempt to:

1. give the insurance companies the right to cap the charges they would cover under PIP for medical services;

2. limit the amount of money that attorneys could charge for their work regarding these crashes; and

3. granting the insurance company even more time (read that delay) in investigating claims before they pay.

It's one thing to fight crime. It's another thing to hurt all Floridians who unfortunately are involved in an accident. Sounds like lots of Florida accident victims may have just dodged a bullet.

By Bryant Esquenazi on May 10, 2011 3:41 PM

South Florida Kava Bars May Be Trendy - and Dangerous: New Study Warns Against Kava Tea

Here in South Florida, like it or not, we're usually on the cutting edge of new trends. Maybe it's because of the cosmopolitan flair of Miami. Maybe it's because of all the celebrities that love to vacation here.

Kava Bars a Popular Favorite Here in South Florida

Whatever the reason: it was almost a year ago to the day that the Palm Beach Post was reporting about the latest thing: a surge in Kava Bars popping up in South Florida. Allison Ross blogged in an article entitled, "Kava Bars Popping Up in South Florida," that kava tea was the new drink for bars in the Miami area - and this was true even though kava does not have an alcohol content.

Today, if you google "kava bars south florida" you'll find a long list of establishments serving Kava Tea from which to choose. They seem to be so competitive, in fact, that they've got promotions to draw you into their bar and away from their competition down the street, as well as different atmospheres to tempt you.

Read through the various South Florida kava bars and you find cozy ones. Friendly ones. Ones with live music. Ones that are more restaurant than bar, more bar than restaurant.

Kava Bars are a big deal here in Miami Beach.

What is Kava? It's something originating in the South Pacific that is a plant revered for its properties. Kava threads itself through social and cultural traditions as well as medicinal and religious ones in a large number of Southern Pacific islands, such as Tonga, Fiji, Hawaii, the Federated States of Micronesia, and Vanuatu. In fact, Kava is a grown as a cash crop in Vanuatu and Fiji.

Some folk chew the Kava root or take a Kava pill, but drinking Kava tea appears to be the most popular way to imbibe Kava. You can buy Kava Tea at your local store or online, it's not expensive. You can also go to your local Kava Bar and order a specially prepared Kava drink just for you. Cold or hot.

New Research Study Warns Against Kava Tea

It's not the first warning that Kava may hurt you, but the latest study warning against the dangers of Kava tea is getting lots of attention and respect. Last week, the American Journal of Emergency Medicine published a study released by the University of Rochester Medical Center on the dangers of Kava Tea.

The case study even supports its assertion of the growing popularity of Kava Tea by pointing to three new Palm Beach Kava Bars that have opened recently here in South Florida.

This case study is heralded as the first piece of scientific literature dealing with Kava tea. (Hence, the notoriety that this study is getting around the world). Here's the citation to the study if you wish to purchase the complete research study online in pdf format: Ryan Bodkin, Sandra Schneider, Donna Rekkerth, Linda Spillane, Michael Kamali. Rhabdomyolysis associated with kava ingestion. The American Journal of Emergency Medicine, 2011; DOI: 10.1016/j.ajem.2011.01.030.

What's the big deal?

Seems that this case study began when a 34-year-old guy was riding his bike along some roadway in or near the University of Rochester when he collapsed on the side of the road. Wham. When he arrived at the E.R., they discovered that he had recently injested Kava Tea and tied the Kava to his episode where he had nearly suffered complete kidney failure as well as a muscle breakdown.

The guy up in New York recovered, he's okay. However, the University of Rochester study is being waved like a big, big red flag by all sorts of folk: doctors, researchers, media outlets, and of course, Big Pharma who don't like herbal remedies and the like.

So, will Kava Tea -- which has been a popular beverage among South Pacific Islanders for over 3000 years -- be found dangerous to drink here in South Florida?

Who knows. This same media scare hit South Florida back in 2005 --see the USA Today story back then, covering the Nacava Bar in Boca Raton, and discussing the FDA warnings of 2002 on Kava.

South Floridians will probably continue to frequent Kava Bars. And, here's the thing: if you do suffer symptoms of harm due to drinking Kava, then Florida laws do exist to protect you.

Personal injury laws are on the books for just this sort of thing. Kava may not be an alcoholic beverage, but those who manufacturer, distribute, and sell this herb or drink are still responsible for its safety.

 Bryant Esquenazi on May 5, 2011 1:49 PM