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Miami Personal Injury Law Blog

Florida auto accident causes death, injuries at day care center

A day after a car crashed into a day care center in Winter Park after being struck by an SUV, the alleged SUV driver turned himself in to authorities. The man is accused of fleeing the scene of the April 9 crash, which left a 4-year-old girl dead and over a dozen other children and an adult injured at the KinderCare facility.

The 28-year-old man was charged with leaving the scene of an accident "with death." Authorities say that he abandoned his Dodge Durango after the crash and then rented another SUV. The Durango was located by law enforcement within hours after the crash, which occurred around 3 p.m. A Florida Highway Patrol spokesman said that a telephone tip led them to the vehicle. She also said that the man already had been arrested multiple times on drug charges and also had gang affiliations. His bond is $100,000.

Fatal California Bus Crash Possibly Linked To FedEx Cargo

Last week, 10 people were killed in Orland, California when a FedEx truck crashed into a bus full of high school students. 

Investigators are looking into eye witness accounts that the FedEx truck was already engulfed in flames prior to hitting the bus with 44 students on board. 

The truck hit another vehicle before crashing into the charter bus. A spokeswoman for the California Highway Patrol could not confirm if the truck was on fire prior to the collision. 

Investigators will also look into whether the driver of the FedEx truck, who was one of the fatalities, was over the federally allowed hours of service. 

However, this is not the first reports of FedEx cargo going up in flames. Just one day after the collision, the cargo area of another truck caught fire in Corte Madera California due to an electrical malfunction or chemical reaction.

General Motors facing questions over defective products

When manufacturers discover product defects that could lead to harm or death, it is generally best to take action sooner rather than later. However, General Motors is facing questions from federal regulators about why it waited a decade to deal with ignition switch problems. In the interim, 13 deaths in more than 30 accidents have been linked to the problem in some of its models.

A Feb. 27 report in "USA Today" said that the defective product is the ignition switch, which can cause the engine to turn off if a driver has a heavy key chain or the ignition is jarred. When that happens, the car's front airbags can fail to deploy.

Crash test results may concern many Miami SUV drivers

Midsize SUVs are a popular choice for Miami residents looking for a comfortable way to transport their family around town and on vacations. However, recent crash tests conducted by the Insurance Institute for Highway Safety on nine 2014 models found that they perform very differently in crashes.

The IIHS performs six different crash scenarios. A relatively new one is a front overlap crash. It is considered a more stringent test than the head-on crash test required by the federal government. In the overlap test, a quarter of the driver's side front corner strikes a rigid object or another vehicle at 40 miles per hour.

Evenflo's defective product recall has echoes of Graco's

Our Miami area readers with young children are probably aware that Graco Children's Products has recalled some 4.2 million of its child safety seats due to a problem with the buckles. They can become difficult to open if food or liquids dry on them. This can pose a real danger in an emergency. Now another well-known maker of products for infants and children, Evenflo, has announced a recall for a similar buckle issue.

Evenflo is recalling nearly 1.4 million of its restraints due to the same problem with buckles sticking. The recall includes nine separate models, although none of their rear-facing safety seats. The company is also offering to provide customers with new buckles at no charge. Both the faulty Graco and Evenflo buckles were made by the same company.

Dangers of Hospital-Acquired Infections

Josh Nahum was admitted to a Colorado hospital after breaking his femur and fracturing his skull in a skydiving accident.

The 27-year-old grew ill shortly after undergoing a procedure to drain excess fluid from his head. An antibiotic-resistant bacteria rendered him a quadriplegic, and he died shortly after.

A hospital-acquired infection, not falling over 12,000 feet, killed Nahum.

At FDBR, we know the dangers of hospital-acquired infections. Each day, 1 in 25 patients has at least one infection contracted from a hospital visit, according to the Centers for Disease Control and Prevention.

Due to this statistic, hospital-acquired infections was one of the factors in a recent Consumer Reports study on patient safety, revealing that patients sometimes emerge from hospitals with additional and sometimes life-threatening illnesses.

So how widespread are hospital-acquired infections?

In a 2011 survey of 183 hospitals, there were approximately 721,800 infections in 648,000 patients. Around 75,000 of these patients died as a result of a health care-associated infection.

The most common infections were pneumonia, surgical site infections and gastrointestinal infections. Less common were urinary tract infections and bloodstream infections.

According to Consumer Reports, Palmetto Hospital received the lowest ratings in South Florida for surgical-site infections.

Florida school district pays $800,000 for child's death

In a case that's lasted over a year, a Florida school district has agreed to pay $800,000 to the parents of a 7-year-old girl. The special needs student went into respiratory failure on her way home from her Riverview school in Jan. 2012. According to her mother, no one called 911 to assist the child until she reached the scene and did it herself. The girl died the following day.

The youngster suffered from a neuromuscular condition that affected her ability to sit. Her parents say she was not properly placed in her wheelchair, which is why she developed difficulty breathing. Reportedly, as she struggled to breathe, neither the driver nor another employee called for emergency assistance. When they were unable to reach their supervisor, they called the girl's mother. By the time she arrived and called for help, more than eight minutes had elapsed since her daughter went into distress. Video from the bus captured the disturbing incident. When she arrived at the hospital, the girl was unresponsive.

Florida consumers among those reporting tampering with Alli

Many product recalls are precipitated by a defect found in the product, either by the manufacturer or consumers. Sometimes, however, products are tampered with somewhere in the supply chain or even once they're on the shelves of a store. That's the case with a well-known weight loss drug. Alli, which contains a low dose of the prescription drug Xenical, has been around since just 2007.

The manufacturer of Alli, which is sold over the counter without a prescription, has announced a recall of all bottles in the United States as well as Puerto Rico. According to GlaxoSmithKline, consumers in seven different states, including Florida, have found a variety of other capsules and tablets in approximately 20 different bottles of Alli. The British company says that some of the bottles had phony safety seals and some outer boxes were missing their labels.

Security Guard Severely Injured After Being Trampled At Ultra

A private security guard is in 'extremely critical condition' at Jackson Memorial Hospital, after being trampled by gate crashers at Ultra Music Festival.

Erica Mack, a guard with Contemporary Service Corporation, suffered from severe brain hemorrhaging Friday night. A mob storming the fence did not have tickets to the event, and it is believed Mack was trying to hold the crowd back. She also suffered from a broken leg and

Just hours before the stampede, police called for additional fencing at the spot in Bayfront park. However, none was added.

The three day musical festival attracts more than 150,000 people every year, and Ultra has been criticized in the past for its rowdiness, drug use and increased traffic in Downtown Miami.

Just this year, 22 people were arrested on the first night of the music festival and over 50 were hospitalized.

Miami Mayor Tomas Regalado said Ultra organizers acted irresponsibly and that Miami should not host the event next year.

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