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    <title>Tampa, Florida Personal Injury Blog | Mitchell Lloyd Feldman, Esq.</title>
    <link rel="alternate" type="text/html" href="http://www.fightfortheinjured.com/blog/" />
    <link rel="self" type="application/atom+xml" href="http://www.fightfortheinjured.com/blog/atom.xml" />
    <id>tag:www.fightfortheinjured.com,2009-12-03:/blog/2523</id>
    <updated>2012-04-13T14:40:48Z</updated>
    <subtitle>The attorneys Feldman Fox &amp; Morgado handle car accident, truck accidents, medical malpractice and other personal injury in Tampa and throughout Florida.  1-866-578-1607.</subtitle>
    <generator uri="http://www.sixapart.com/movabletype/">Movable Type Enterprise 4.32-en</generator>

<entry>
    <title>Budget Overcharges Customers - check your final bill NOW!</title>
    <link rel="alternate" type="text/html" href="http://www.fightfortheinjured.com/blog/2012/04/budget-overcharges-customers---check-your-final-bill-now.shtml" />
    <id>tag:www.fightfortheinjured.com,2012:/blog//2523.230397</id>

    <published>2012-04-13T14:37:52Z</published>
    <updated>2012-04-13T14:40:48Z</updated>

    <summary><![CDATA["Fuel Service Charge" standard practice for minimum mileage users. Feldman, Fox &amp; Morgado PA, is investigating the billing practices of Budget Rent A Car. We are seeking additional documented evidence of this overcharging practice. If you opted out of the...]]></summary>
    <author>
        <name>Martin Grobisen</name>
        <uri>http://www.fightfortheinjured.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=2523&amp;id=13818</uri>
    </author>
    
    <category term="budgetrentacar" label="Budget Rent A Car" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="fuelservicecharge" label="Fuel Service Charge" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="unfairtradepractices" label="Unfair Trade Practices" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="classactionlawsuit" label="class action lawsuit" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.fightfortheinjured.com/blog/">
        <![CDATA[<p><em><strong>"Fuel Service Charge" standard practice for minimum mileage users.</strong></em></p>

<p>Feldman, Fox &amp; Morgado PA, is investigating the billing practices of Budget Rent A Car. We are seeking additional documented evidence of this overcharging practice. If you opted out of the pre-paid <strong>Fuel Service Option</strong>, filled the gas tank but drove less than 75 miles, check your bill. If you see a <strong>Fuel Service Charge</strong>, we want to speak with you today!</p>

<p><strong>How does Budget impose this charge? </strong></p>

<p>An automatic Fuel Service Charge of $13.99 is added to all bills.</p>

<p>·         The Fuel Service Charge is a standard charge for all rentals where:</p>

<p>o    The customer has opted out of the pre-paid Fuel Service Option</p>

<p>o    The customer has driven less than 75 miles</p>

<p>o    The fee can be removed if the customer presents a gas purchase receipt to Customer Service.</p>

<p><strong>This Fuel Service Charge may in fact be a breach of the contractual provisions. </strong></p>

<p>Our continuing investigation has determined that the Fuel Service Charge is automatically added to your bill despite the fact that you have agreed to fill up the gas tank prior to returning the vehicle and the fact you have refused the pre-paid Fuel Service Option. This billing practice may be in violation of Florida's Deceptive and Unfair Trade Practices Act (<a title="FDUTPA site" href="http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&amp;URL=Ch0501/part02.htm&amp;StatuteYear=2005&amp;Title=-%3E2005-%3EChapter%20501-%3EPart%20II%20" target="_blank">FDUTPA</a>), as well as federal regulations under The Federal Trade Commission Act (<a title="FTC site" href="http://www.ftc.gov/%20" target="_blank">FTCA</a>).</p>

<p>You may have been overcharged by Budget Rent A Car.</p>

<p>·         Read your rental agreement.</p>

<p>·         Scrutinized your bill.</p>

<p>·         Contact Feldman, Fox &amp; Morgado Today!</p>

<p>At Feldman, Fox &amp; Morgado we are investigating this apparently unfair billing practice without notification. This action may be contrary to the rental agreement signed by the consumer and is under investigation.</p>

<p>If you have rented from Budget in the past four years for business or pleasure and opted out of the pre-paid <strong>Fuel Service Option</strong>, please review your final receipt closely. You may have been overcharged the <strong>Fuel Service Charge</strong>, despite the fact that you filled the car's fuel tank prior to return. Look at your receipts closely to determine if you may in fact be eligible for compensation.</p>

<p>At Feldman, Fox &amp; Morgado we are seeking information and witnesses for our ongoing investigation. We will review your bills and receipts in order to determine if your information may be essential to our Budget Overcharge Class Action Lawsuit.</p>

<p><strong>Contact Feldman, Fox &amp; Morgado today. </strong><strong>Se Habla Español</strong><strong></strong></p>]]>
        
    </content>
</entry>

<entry>
    <title>Johnson &amp; Johnson Fined $1.2 Billion in Arkansas for Medicaid &amp; Marketing Fraud </title>
    <link rel="alternate" type="text/html" href="http://www.fightfortheinjured.com/blog/2012/04/johnson-johnson-fined-12-billion-in-arkansas-for-medicaid-marketing-fraud.shtml" />
    <id>tag:www.fightfortheinjured.com,2012:/blog//2523.230102</id>

    <published>2012-04-12T20:47:40Z</published>
    <updated>2012-04-12T20:48:36Z</updated>

    <summary><![CDATA[Cases against Johnson &amp; Johnson related to its marketing of the drug, Risperdal are adding up across the country. The Arkansas judge in the most recent case, on Wednesday ordered Johnson &amp; Johnson and a subsidiary to pay more than...]]></summary>
    <author>
        <name>Martin Grobisen</name>
        <uri>http://www.fightfortheinjured.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=2523&amp;id=13818</uri>
    </author>
    
    <category term="attorney" label="Attorney" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="baddrug" label="Bad Drug" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="janssenpharmaceuticals" label="Janssen Pharmaceuticals" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="johnsonjohnson" label="Johnson &amp; Johnson" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="lawfirm" label="Law Firm" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="productsliability" label="Products Liability" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="risperdal" label="Risperdal" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="risperidone" label="Risperidone" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.fightfortheinjured.com/blog/">
        <![CDATA[<p>Cases against Johnson &amp; Johnson related to its marketing of the drug, Risperdal are adding up across the country. The Arkansas judge in the most recent case, on Wednesday ordered Johnson &amp; Johnson and a subsidiary to pay more than $1.2 billion in fines. This, following the jury's finding that the companies had minimized or concealed the dangers associated with Risperdal, an antipsychotic drug.</p>

<p>Recent cases:</p>

<p>·         $1.2 billion - Arkansas judge against Johnson &amp; Johnson and Janssen Pharmaceuticals.</p>

<p>·         $158 million - Texas settled a similar case with Janssen Pharmaceuticals.</p>

<p>·         $327 million - South Carolina judge levied civil penalties of against Janssen Pharmaceuticals.</p>

<p>·         $258 million - Louisiana jury awarded in damages.</p>

<p>Tim Fox, Circuit Court judge in the Arkansas case, issued a penalty of $1.19 billion. This fine is for almost 240,000 violations of the state's Medicaid fraud law. In conjunction, he fined the drug manufacturers $11 million for violations of the Arkansas Deceptive Trade Practices Act.</p>

<p>Prosecutors have accused, and the Arkansas jury agreed, that <a>Johnson &amp; Johnson </a>and Janssen Pharmaceuticals minimized the risks associated with Risperdal usage. This drug, approved to treat schizophrenia, bipolar disorder and behavior problems has side effects that can include weight gain, an increased risk of diabetes and, an increased risk of stroke in older patients.</p>

<p>If you or a love one has suffered adverse side effects potentially related to the use of Risperdal or the generic Risperidone including, weight gain, diabetes or stroke, you should seek legal counsel immediately. Contact the experienced Products Liability attorneys at Feldman, Fox &amp; Morgado to discuss your case TODAY! Se Habla Español.</p>]]>
        
    </content>
</entry>

<entry>
    <title>FDA Expands Warnings on Statin Drugs</title>
    <link rel="alternate" type="text/html" href="http://www.fightfortheinjured.com/blog/2012/03/fda-expands-warnings-on-statin-drugs.shtml" />
    <id>tag:www.fightfortheinjured.com,2012:/blog//2523.210637</id>

    <published>2012-03-02T18:32:46Z</published>
    <updated>2012-03-02T18:41:45Z</updated>

    <summary>The FDA announced that they are expanding the drug warnings on the cholesterol-reducing medications known as statins. Although the benefits of these drugs are considered to outweigh the risks, the FDA feels added are needed to allow consumers to make...</summary>
    <author>
        <name>Mitchell Lloyd Feldman, Esq.</name>
        <uri>http://www.fightfortheinjured.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=2523&amp;id=4701</uri>
    </author>
    
        <category term="Defective Drugs &amp; Medical Devices" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="defectivemedications" label="defective medications" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="defectiveproduct" label="defective product" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="productliability" label="product liability" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="statins" label="statins" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.fightfortheinjured.com/blog/">
        <![CDATA[<p>The FDA announced that they are expanding the <a href="http://www.fightfortheinjured.com/Products-Liability/Defective-Drugs-Medical-Devices.shtml" target="_blank">drug warnings</a> on the cholesterol-reducing medications known as statins. Although the benefits of these drugs are considered to outweigh the risks, the FDA feels added are needed to allow consumers to make a more informed decision. The expanded warnings include risks of memory loss, increased blood sugar levels and muscle pain.</p>
<p>The FDA is advising consumers and health care professionals that:</p>
<ul>
<li>Routine monitoring of liver enzymes in the blood, once considered standard procedure for statin users, is no longer needed. Such monitoring has not been found to be effective in predicting or preventing the rare occurrences of serious liver injury associated with statin use. </li>
<li>Cognitive (brain-related) impairment, such as memory loss, forgetfulness and confusion, has been reported by some statin users. </li>
<li>People being treated with statins may have an increased risk of raised blood sugar levels and the development of Type 2 diabetes. </li>
<li>Some medications interact with lovastatin (brand names include Mevacor) and can increase the risk of muscle damage.</li></ul>]]>
        <![CDATA[<p>The statins affected include:</p>
<ul>
<li>Altoprev (lovastatin extended-release) </li>
<li>Crestor (rosuvastatin) </li>
<li>Lescol (fluvastatin) </li>
<li>Lipitor (atorvastatin) </li>
<li>Livalo (pitavastatin) </li>
<li>Mevacor (lovastatin) </li>
<li>Pravachol (pravastatin) </li>
<li>Zocor (simvastatin).</li></ul>
<p>Products containing statins in combination with other drugs include:</p>
<ul>
<li>Advicor (lovastatin/niacin extended-release) </li>
<li>Simcor (simvastatin/niacin extended-release) </li>
<li>Vytorin (simvastatin/ezetimibe).</li></ul>
<p>If you or a loved one has had an adverse reaction or side effects from prescribed medication that has caused injury or death, you should seek legal counsel to protect your rights.</p>
<p><strong>Source:</strong> U.S. Food And Drug Administration, "<a href="http://www.fda.gov/Safety/MedWatch/SafetyInformation/SafetyAlertsforHumanMedicalProducts/ucm293670.htm" target="_blank">Statin Drugs - Drug Safety Communication: Class Labeling Change</a>," Feb. 28, 2012</p>]]>
    </content>
</entry>

<entry>
    <title>Bicycle Safety Concerns Abound in Tampa</title>
    <link rel="alternate" type="text/html" href="http://www.fightfortheinjured.com/blog/2012/02/bicycle-safety-concerns-abound-in-tampa.shtml" />
    <id>tag:www.fightfortheinjured.com,2012:/blog//2523.187858</id>

    <published>2012-02-01T14:16:50Z</published>
    <updated>2012-01-26T17:18:46Z</updated>

    <summary>Florida is a great state for bicyclists. The mild winters allow biking almost 365 days a year. The number of bikers is also increasing due to the skyrocketing price of gas. But an increase of bicyclists on the road also...</summary>
    <author>
        <name>Mitchell Lloyd Feldman, Esq.</name>
        <uri>http://www.fightfortheinjured.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=2523&amp;id=4701</uri>
    </author>
    
        <category term="Accidents" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="tampacaraccident" label="Tampa Car Accident" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="bicycleaccident" label="bicycle accident" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="fatalcaraccident" label="fatal car accident" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="fatalinjury" label="fatal injury" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.fightfortheinjured.com/blog/">
        <![CDATA[<p>Florida is a great state for bicyclists. The mild winters allow biking almost 365 days a year. The number of bikers is also increasing due to the skyrocketing price of gas. But an increase of bicyclists on the road also usually means an unfortunate increase in <a href="http://www.fightfortheinjured.com/Auto-Accidents/Tampa-Auto-Accident-Attorney.shtml" target="_blank">Tampa car accidents</a> involving bicyclists and pedestrians.</p>
<p>Tampa has one of the highest rates of bike commuters in the country. The number of commuters using bikes has more than doubled in the past year. The number of bike lanes has significantly contributed to that the rising number. Tampa has over 60 miles of bike lanes either on the street or the shoulder of main roads. There has also been a push by residents and city officials to increase that number and to make additions to pedestrian paths for bikers.</p>]]>
        <![CDATA[<p>But even with these safety precautions, too many people are still injured in <a href="http://www.fightfortheinjured.com/Auto-Accidents/Bicyclists-Struck-by-Cars-and-Trucks.shtml">bicycle accidents</a> every year. In 2009, Florida had the highest number of bike fatalities in the country. The 2011 data is not available yet but it seems to point to an increase in fatalities.</p>
<p>The Florida Department of Transportation has supported the foundation of nonprofit organizations that promote transportation alternatives in Tampa, where almost 80 percent of commuters are individuals who drive alone to work. This has lead to headache-inducing traffic almost every day.</p>
<p>If you are thinking about biking to work, keep in mind that you should:</p>
<ul>
<li>Wear a helmet</li>
<li>Make sure you have reflectors or lights</li>
<li>Ride on the street</li>
<li>Plan ahead and map out your route</li>
<li>Consider seeking others with whom to commute</li></ul>
<p><strong>Source</strong>: Tampa Bay Online, "<a href="http://www2.tbo.com/news/breaking-news/2012/jan/08/safe-bike-commute-is-an-uphill-ride-in-tampa-ar-344909/" target="_blank">Safe bike commute is an uphill ride in Tampa</a>," Kevin Wiatrowski, 1/8/2012</p>]]>
    </content>
</entry>

<entry>
    <title>Workers&apos; Comp Decision Protects Out-of-State Truck Drivers</title>
    <link rel="alternate" type="text/html" href="http://www.fightfortheinjured.com/blog/2012/01/workers-comp-decision-protects-out-of-state-truck-drivers.shtml" />
    <id>tag:www.fightfortheinjured.com,2012:/blog//2523.181115</id>

    <published>2012-01-13T20:46:28Z</published>
    <updated>2012-01-13T21:04:31Z</updated>

    <summary>When truck drivers are traveling through Florida but they don&apos;t live in Florida and their employer isn&apos;t located in Florida, it can be tricky to understand whether Florida workers&apos; compensation laws apply. A judicial decision in 1990, however, found that...</summary>
    <author>
        <name>Mitchell Lloyd Feldman, Esq.</name>
        <uri>http://www.fightfortheinjured.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=2523&amp;id=4701</uri>
    </author>
    
        <category term="Accidents" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="florida" label="Florida" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="truckaccident" label="truck accident" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="truckdriver" label="truck driver" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="workerscompensation" label="workers&apos; compensation" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.fightfortheinjured.com/blog/">
        <![CDATA[<p>When truck drivers are traveling through Florida but they don't live in Florida and their employer isn't located in Florida, it can be tricky to understand whether Florida <a href="http://www.fightfortheinjured.com/Workers-Compensation/" target="_blank">workers' compensation</a> laws apply. A judicial decision in 1990, however, found that a driver who is injured while driving through Florida is covered by the state workers' compensation benefits.</p>
<p>The court previously held that there was a "sufficient state interest" that arises under the Workers' Compensation Act when a truck driver is injured on Florida roads and highways. The sufficient state interest allows a truck driver who does not live in Florida to file a claim with the state's Division of Workers' Compensation.</p>]]>
        <![CDATA[<p>The court evaluated the facts of the 1990 case and determined that a truck driver who was injured along Interstate 75 was entitled to protection even though he was not a Florida resident and his employer was located in Virginia. The subject matter jurisdiction in Florida provided the truck driver with important workplace benefits after his <a href="http://www.fightfortheinjured.com/Trucking-Accidents/" target="_blank">truck accident</a> injury.</p>
<p>The Florida court's decision has been upheld in two subsequent cases in 1995 and 2005. Workers' compensation is an important benefit when a truck driver is injured in an accident while driving for his or her employer. If you have questions about Florida's workers' comp benefits, contact an experienced attorney today.</p>
<p><strong>Source</strong>: Division of Workers' Compensation, "<a href="http://www.myfloridacfo.com/wc/employee/amicovered.html" target="_blank">Injured Employee: Am I Covered?</a>"</p>]]>
    </content>
</entry>

<entry>
    <title>Bumbo Baby Sitter Causes Injuries</title>
    <link rel="alternate" type="text/html" href="http://www.fightfortheinjured.com/blog/2011/12/bumbo-baby-sitter-causes-injuries.shtml" />
    <id>tag:www.fightfortheinjured.com,2011:/blog//2523.170843</id>

    <published>2011-12-20T16:49:07Z</published>
    <updated>2011-12-20T16:40:16Z</updated>

    <summary>There have been numerous babies injured while using the Bumbo Baby Seat. Even after a recall in 2007 and working with the Consumer Product Safety Commission, the product is still causing serious injuries to babies. In the Yahoo! Finance article,...</summary>
    <author>
        <name>Mitchell Lloyd Feldman, Esq.</name>
        <uri>http://www.fightfortheinjured.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=2523&amp;id=12146</uri>
    </author>
    
        <category term="Personal Injury" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="dangerousproduct" label="dangerous product" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="defectiveproduct" label="defective product" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="personalinjury" label="personal injury" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.fightfortheinjured.com/blog/">
        <![CDATA[<p>There have been numerous babies injured while using the Bumbo Baby Seat. Even after a recall in 2007 and working with the Consumer Product Safety Commission, the product is still causing serious injuries to babies.</p>
<p>In the <a href="http://finance.yahoo.com/news/did-bumbo-ignore-child-safety-in-favor-of-profits-.html">Yahoo! Finance article</a>, Bumbo's U.S. attorney, Tarush R. Anand, provided a statement from Bumbo, in which the company says the product is safe. "The Bumbo baby seat is a safe product for infants when it is used as intended: on the floor and never on an elevated surface," the statement says.</p>
<p>This is yet another example of an unsafe consumer product. Have you had experience with the Bumbo Baby Seat? Do you think it is a safe product? Would you give one as a baby shower gift?</p>]]>
        
    </content>
</entry>

<entry>
    <title>NTSB Recommends Total Ban on Cell Phone Use</title>
    <link rel="alternate" type="text/html" href="http://www.fightfortheinjured.com/blog/2011/12/ntsb-recommends-total-ban-on-cell-phone-use.shtml" />
    <id>tag:www.fightfortheinjured.com,2011:/blog//2523.169289</id>

    <published>2011-12-15T22:19:07Z</published>
    <updated>2011-12-15T22:49:46Z</updated>

    <summary>On December 13th, the NTSB recommended the complete ban of cell phone use including texting, while driving. To the 50 states and the District of Columbia: 1. (1) Ban the nonemergency use of portable electronic devices (other than those designed...</summary>
    <author>
        <name>Mitchell Lloyd Feldman, Esq.</name>
        <uri>http://www.fightfortheinjured.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=2523&amp;id=4701</uri>
    </author>
    
        <category term="Accidents" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="distracteddrivers" label="Distracted Drivers" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="ntsc" label="NTSC" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="tampacaraccident" label="Tampa Car Accident" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.fightfortheinjured.com/blog/">
        <![CDATA[<p>On December 13th, the <a href="http://www.ntsb.gov/news/events/2011/gray_summit_mo/index.html" target="_blank">NTSB recommended</a> the complete ban of cell phone use including texting, while driving.</p>
<p><strong>To the 50 states and the District of Columbia:</strong></p>
<p>1. (1) Ban the nonemergency use of portable electronic devices (other than those designed to support the driving task) for all drivers; (2) use the National Highway Traffic Safety Administration model of high visibility enforcement to support these bans; and (3) implement targeted communication campaigns to inform motorists of the new law and enforcement, and to warn them of the dangers associated with the nonemergency use of portable electronic devices while driving. (H-11-XX)</p>]]>
        <![CDATA[<p>If this recommendation is adopted by the 50 states and the District of Columbia, it would make phone calls and texting by the vehicle's driver against the law, except in the cases of emergency use.</p>
<p><em>"This is becoming the new DUI. It's becoming epidemic,"</em> said NTSB member Robert Sumwalt.</p>
<p>We all want to stay connected, but we know that distracted driving is very dangerous and cell phone use is increasingly the cause. Have you been in a <a href="/Auto-Accidents/Cell-Phone-Use-Distracted-Drivers.shtml">Tampa car accident</a> caused by a distracted driver? How do you feel about the recommendation? Does it go too far? Leave a comment and let us know what you think about the NTSB recommendation.</p>]]>
    </content>
</entry>

<entry>
    <title>12 WAYS TO AVOID A DETERMINATION OF NICA COMPENSABILITY </title>
    <link rel="alternate" type="text/html" href="http://www.fightfortheinjured.com/blog/2011/12/12-ways-to-avoid-a-determination-of-nica-compensability.shtml" />
    <id>tag:www.fightfortheinjured.com,2011:/blog//2523.166409</id>

    <published>2011-12-13T19:28:36Z</published>
    <updated>2011-12-13T19:37:45Z</updated>

    <summary><![CDATA[This article by Jon Gilbert of Feldman, Fox &amp; Morgado, P.A. pertains to NICA, a type of Florida administrative law within the medical malpractice statutes regarding neurological injuries to infants which occur during the birth process. The article discusses what...]]></summary>
    <author>
        <name>Mitchell Lloyd Feldman, Esq.</name>
        <uri>http://www.fightfortheinjured.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=2523&amp;id=4701</uri>
    </author>
    
        <category term="Medical Malpractice" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="birthinjuries" label="birth injuries" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="catastrophicinjuries" label="catastrophic injuries" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="medicalmalpractice" label="medical malpractice" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.fightfortheinjured.com/blog/">
        <![CDATA[<p><a href="/Articles/Florida-Bar-Article-re-NICA-author-Jon-Gilbert.pdf" target="_blank">This article by Jon Gilbert </a>of Feldman, Fox &amp; Morgado, P.A. pertains to NICA, a type of Florida administrative law within the <a href="/Medical-Malpractice/" target="_blank">medical malpractice </a>statutes regarding neurological injuries to infants which occur during the birth process. The article discusses what makes NICA claims compensable within the jurisdiction of the Administrative Courts to which such claims are to be relegated according to state statutory law implemented by the Florida Legislature in 1988.</p>]]>
        <![CDATA[<p>In dissecting the qualifications for NICA compensability, Jon Gilbert helps to identify key ways to avoid being pigeon-holed in NICA administrative courts where damages caps are significantly limited. Instead, a plaintiff's attorney wants to keep such catastrophic injury claims before the circuit courts where a jury can hear the case and award damages accordingly. Florida Statutes §§766.301-316 provide for twelve qualifications that must be met for a claim to be properly abated to NICA court, where the case is heard solely by an Administrative Law Judge. If any one of those qualifications, each of which is addressed in detail in the article, is not met, the claim can be returned to circuit court where it is not subject to the substantial administrative damage caps.</p>]]>
    </content>
</entry>

<entry>
    <title>Serious Tampa Truck Crash Closes Major Highway</title>
    <link rel="alternate" type="text/html" href="http://www.fightfortheinjured.com/blog/2011/12/serious-tampa-truck-crash-closes-major-highway.shtml" />
    <id>tag:www.fightfortheinjured.com,2011:/blog//2523.164370</id>

    <published>2011-12-12T14:18:08Z</published>
    <updated>2011-12-08T22:20:49Z</updated>

    <summary>Florida Highway Patrol was forced to close down a stretch of US-301 and Causeway Blvd after a semi truck collided with a passenger vehicle Tuesday, Dec. 6. There were limited details following the crash but at the time of the...</summary>
    <author>
        <name>Mitchell Lloyd Feldman, Esq.</name>
        <uri>http://www.fightfortheinjured.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=2523&amp;id=4701</uri>
    </author>
    
        <category term="Accidents" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="tampacaraccident" label="Tampa car accident" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="fatalcaraccident" label="fatal car accident" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="truckaccident" label="truck accident" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.fightfortheinjured.com/blog/">
        <![CDATA[<p>Florida Highway Patrol was forced to close down a stretch of US-301 and Causeway Blvd after a semi truck collided with a passenger vehicle Tuesday, Dec. 6. There were limited details following the crash but at the time of the <a href="http://www.fightfortheinjured.com/Auto-Accidents/Tampa-Auto-Accident-Attorney.shtml" target="_blank">Tampa car accident</a>, all drivers were advised to find alternate routes of transportation.</p>
<p>Semi truck accidents with passenger vehicles are a common danger on all U.S. roads. Truck accidents differ from car accidents because there are different regulations that govern commercial vehicles. From hours-of-service regulations to technology use while driving, truck drivers must follow safety guidelines to prevent truck accidents.</p>]]>
        <![CDATA[<p>The injuries suffered by a victim of a truck accident are also not the same as a normal car accident. In most cases, the victim will suffer serious, life-threatening injuries. Brain injuries and spine injuries are also very common after a collision with a high-speed semi truck or tractor trailer. Treatments for injuries suffered in a Tampa car accident with a truck often include surgeries, long-term care, physical therapy and permanent medication.</p>
<p>When someone you love has been seriously injured or killed in a collision with a truck, speak with a Tampa car accident lawyer who can investigate the cause of the crash and hold the at-fault party responsible for medical bills, lost wages and injuries.</p>
<p><strong>Source</strong>: ABC Action News, "<a href="http://www.abcactionnews.com/dpp/traffic/traffic_news/vehicle-versus-semi-crash-closes-major-tampa-intersection" target="_blank">Vehicle versus semi crash closes major Tampa intersection</a>," 12/6/2011</p>]]>
    </content>
</entry>

<entry>
    <title>Florida&apos;s Uninsured Drivers Raise Rates for Properly Insured</title>
    <link rel="alternate" type="text/html" href="http://www.fightfortheinjured.com/blog/2011/11/floridas-uninsured-drivers-raise-rates-for-properly-insured.shtml" />
    <id>tag:www.fightfortheinjured.com,2011:/blog//2523.153142</id>

    <published>2011-11-22T15:42:25Z</published>
    <updated>2011-11-09T02:01:25Z</updated>

    <summary>One in four Florida drivers is uninsured, according to the Insurance Research Council, giving Florida the dubious distinction of ranking among the top five states for uninsured drivers. While the state government pegs the uninsured driving rate much lower at...</summary>
    <author>
        <name>Mitchell Lloyd Feldman, Esq.</name>
        <uri>http://www.fightfortheinjured.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=2523&amp;id=4701</uri>
    </author>
    
        <category term="Accidents" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="tampacaraccident" label="Tampa car accident" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="carcrash" label="car crash" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="insurancecoverage" label="insurance coverage" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="uninsuredmotoristcoverage" label="uninsured motorist coverage" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.fightfortheinjured.com/blog/">
        <![CDATA[<p>One in four Florida drivers is uninsured, according to the Insurance Research Council, giving Florida the dubious distinction of ranking among the top five states for uninsured drivers. While the state government pegs the uninsured driving rate much lower at three or four percent, one thing is certain: Uninsured drivers are driving up the rates for everyone else.</p>
<p>Florida drivers pay an average of $1,476 per year for automobile insurance, but that amount would be lower if all drivers in the state were properly insured. This is because, when some drivers are uninsured, other drivers must bear the cost by purchasing additional coverage known as "uninsured motorist coverage," which covers the policyholder's own injuries in the event of a <a href="http://www.fightfortheinjured.com/Auto-Accidents/Tampa-Auto-Accident-Attorney.shtml" target="_blank">Tampa car accident</a> with an uninsured driver. Such coverage would be unnecessary if all drivers carried insurance.</p>]]>
        <![CDATA[<p>Unfortunately, however, the fact remains that far too many drivers are uninsured in Florida. And while it may seem unfair, this makes it all the more necessary to purchase insurance coverage to protect yourself and your family in the event of an accident. Not only will bodily injury and uninsured motorist coverage protect you and your loved ones should they become injured, but liability coverage will protect your financial future should you be involved in an accident that injures someone else.</p>
<p>Even though Florida's car insurance rates may be higher than they should be, Florida drivers can at least be thankful not to be buying insurance in areas such as Michigan, Montana or Washington, D.C., where average premiums can be upwards of $2,500 per year.</p>
<p><strong>Source</strong>: Sun Sentinel, "<a href="http://www.sun-sentinel.com/news/palm-beach/fl-uninsured-drivers-insurance-20111014,0,5763784.story" target="_blank">Uninsured drivers are driving up your rates</a>," Julie Patel, 10/14/11</p>]]>
    </content>
</entry>

<entry>
    <title>Alleged At-Fault Driver in Fatal DUI Crash Fled Hospital to Avoid Prosecution</title>
    <link rel="alternate" type="text/html" href="http://www.fightfortheinjured.com/blog/2011/11/alleged-at-fault-driver-in-fatal-dui-crash-fled-hospital-to-avoid-prosecution.shtml" />
    <id>tag:www.fightfortheinjured.com,2011:/blog//2523.152435</id>

    <published>2011-11-14T20:02:31Z</published>
    <updated>2011-11-07T20:04:31Z</updated>

    <summary>While not under arrest, a male driver suspected of being under the influence of alcohol fled the Bayshore Medical Center in St. Petersburg following a 2010 fatal car accident. The family of the 51-year-old woman killed in the crash was...</summary>
    <author>
        <name>Mitchell Lloyd Feldman, Esq.</name>
        <uri>http://www.fightfortheinjured.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=2523&amp;id=4701</uri>
    </author>
    
        <category term="Accidents" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="floridahighwaypatrol" label="Florida Highway Patrol" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="floridahighwayaccident" label="Florida highway accident" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="fatalcaraccident" label="fatal car accident" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.fightfortheinjured.com/blog/">
        <![CDATA[<p>While not under arrest, a male driver suspected of being under the influence of alcohol fled the Bayshore Medical Center in St. Petersburg following a 2010 fatal car accident. The family of the 51-year-old woman killed in the crash was vigilantly tracking down the driver to seek justice for the mom who was traveling to her birthday party when she was killed.</p>
<p>The 2010 <a href="http://www.fightfortheinjured.com/Auto-Accidents/" target="_blank">Florida car accident</a> occurred along University Parkway when the man ran a red light. He was airlifted to the hospital from the scene of the accident, but the driver fled the hospital within 24 hours of arrival. The driver was not under arrest at the time of the crash because his injuries were nearly fatal and law enforcement authorities thought they had time to investigate the cause of the fatal collision. The delay, however, allowed the driver time to escape.</p>]]>
        <![CDATA[<p>The Florida Highway Patrol searched for the fugitive driver but was unsuccessful in locating him. Their efforts were complicated by factors such as his status as an illegal immigrant, no employment history and a fake name. However, a sheriff's detective from Sarasota took over the cause to find the fugitive after the family begged the expert to investigate the whereabouts of the man. The detective, aggressive in his search tactics, had success after months of a cold trail. The driver was finally apprehended April 21, 2011, after an extensive hunt.</p>
<p>Sadly, fleeing drivers are relatively common as they attempt to avoid criminal and civil liability after a crash. Between hit-and-run drivers and runaway drivers, many car accident victims and families are forced to track down the driver or work with law enforcement officers to find the drunk or at-fault driver. When a family works with a car accident lawyer, the attorney may also hire a private investigator who has the skills and resources necessary to find the responsible driver.</p>
<p><strong>Source</strong>: Herald Tribune, "<a href="http://www.heraldtribune.com/article/20111104/ARTICLE/111109806" target="_blank">Fugitive hunter tracks down driver in fatal DUI crash</a>," Todd Ruger, 11/4/2011</p>]]>
    </content>
</entry>

<entry>
    <title>Accident Rates Soar Among Newly Licensed Drivers</title>
    <link rel="alternate" type="text/html" href="http://www.fightfortheinjured.com/blog/2011/11/accident-rates-soar-among-newly-licensed-drivers.shtml" />
    <id>tag:www.fightfortheinjured.com,2011:/blog//2523.153141</id>

    <published>2011-11-14T14:36:08Z</published>
    <updated>2011-11-09T01:37:56Z</updated>

    <summary>Being a teenager has its own unique set of challenges, but among the most difficult - and the most dangerous - happens on the roadway. Teenagers are far more likely to be involved in a Tampa car accident within the...</summary>
    <author>
        <name>Mitchell Lloyd Feldman, Esq.</name>
        <uri>http://www.fightfortheinjured.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=2523&amp;id=4701</uri>
    </author>
    
        <category term="Accidents" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="florida" label="Florida" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="caraccident" label="car accident" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="teencrash" label="teen crash" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="truckaccident" label="truck accident" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.fightfortheinjured.com/blog/">
        <![CDATA[<p>Being a teenager has its own unique set of challenges, but among the most difficult - and the most dangerous - happens on the roadway.</p>
<p>Teenagers are far more likely to be involved in a <a href="http://www.fightfortheinjured.com/Auto-Accidents/Tampa-Auto-Accident-Attorney.shtml" target="_blank">Tampa car accident</a> within the first month of having a driver's license than they are at any other time in their driving careers. The sharp drop in accidents following that first month, around a 50 percent decline according to a study by AAA, seems to indicate that lack of experience is the biggest factor in crashes early on.</p>]]>
        <![CDATA[<p>Aside from new drivers' sheer lack of experience, there are a number of factors that may contribute to the high accident rate among new teenage drivers. When teens are first licensed, their driving habits may change significantly and suddenly.</p>
<p>For instance, whereas a young driver with a learner's permit must always be accompanied by a supervising adult, newly licensed drivers may find themselves overwhelmed by driving solo for the first time in their lives. In addition, new drivers tend to be relatively unfamiliar with roads, and may become lost or flustered more easily than most drivers. Driving at night or in foul weather is another new challenge for young drivers, not to mention the multitude of distractions that young drivers are often faced with - cell phones, rambunctious passengers and loud music, to name a few.</p>
<p>Another study of accidents among young drivers shows that simple mistakes common among new drivers account for a full 57 percent of the crashes occurring within that first month of driving: inattention, failure to yield, and failure to reduce driving speed.</p>
<p>Source: Sun Sentinel, "<a href="http://www.sun-sentinel.com/business/os-auto-scscolumn-102311-20111021,0,240128.column" target="_blank">Teen drivers most at risk their first month on Florida roads</a>," Steven Cole Smith</p>]]>
    </content>
</entry>

<entry>
    <title>New Study Estimates Average Costs of Fatal Car Crash at $6 Million</title>
    <link rel="alternate" type="text/html" href="http://www.fightfortheinjured.com/blog/2011/11/new-study-estimates-average-costs-of-fatal-car-crash-at-6-million.shtml" />
    <id>tag:www.fightfortheinjured.com,2011:/blog//2523.152415</id>

    <published>2011-11-08T14:09:25Z</published>
    <updated>2011-11-07T20:05:03Z</updated>

    <summary>The auto group AAA evaluated the costs following a fatal car accident and put the financial expenses at $6 million. The amount includes the costs to friends and family members of a loved one, as well lost wages, property damage,...</summary>
    <author>
        <name>Mitchell Lloyd Feldman, Esq.</name>
        <uri>http://www.fightfortheinjured.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=2523&amp;id=4701</uri>
    </author>
    
        <category term="Accidents" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="florida" label="Florida" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="carcrash" label="car crash" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="fatalcaraccident" label="fatal car accident" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="personalinjury" label="personal injury" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="wrongfuldeath" label="wrongful death" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.fightfortheinjured.com/blog/">
        <![CDATA[<p>The auto group AAA evaluated the costs following a fatal car accident and put the financial expenses at $6 million. The amount includes the costs to friends and family members of a loved one, as well lost wages, property damage, medical costs, legal expenses, pain and lost quality of life. The costs of an injury-only crash average around $126,000.</p>
<p>The AAA reported that the costs of a <a href="http://www.fightfortheinjured.com/Auto-Accidents/" target="_blank">fatal car accident</a> greatly exceed the costs of excessive traffic congestion. Cities with more serious traffic congestion see expenses of $97.7 billion whereas fatal crashes in the same cities total $299.5 billion. According to USA Today, the study "is designed to push road safety to the forefront of the national debate over transportation priorities as Congress considers a long-term highway funding bill," a AAA spokesperson said.</p>]]>
        <![CDATA[<p>The costs following an accident with fatalities have risen since the last report in 2005. Medical expenses likely attribute to the sharp increase. Car accidents are also the leading cause of death for Americans ages 5-34, according to USA Today.</p>
<p>Fatal car accidents in Florida do more than cause serious emotional harm to the family of the loved one killed in the crash. These fatal crashes are financially debilitating for the family. Filing a wrongful death suit after a fatal car accident can help the family recoup lost expenses such as medical bills, lost wages and pain and suffering damages.</p>
<p><strong>Source</strong>: USA Today, "<a href="http://flworkportal.westlan.com/workspace/faces/jsf/workspace/workspace.xhtmlhttp:/www.usatoday.com/news/nation/story/2011-11-02/fatal-vehicle-crashes-cost-millions/51051030" target="_blank">AAA: Fatal motor vehicle crash costs $6 million</a>," Larry Copeland, 11/3/2011</p>]]>
    </content>
</entry>

<entry>
    <title>CooperVision&apos;s contact lens recall becomes FDA Class I</title>
    <link rel="alternate" type="text/html" href="http://www.fightfortheinjured.com/blog/2011/10/coopervisions-contact-lens-recall-becomes-fda-class-i.shtml" />
    <id>tag:www.fightfortheinjured.com,2011:/blog//2523.144551</id>

    <published>2011-10-18T20:11:36Z</published>
    <updated>2011-10-18T20:17:06Z</updated>

    <summary>If you use AVAIRA Toric soft Contact Lenses for Astigmatism manufactured by CooperVision, they are being recalled! Read the company press release and the FDA Medical Device Recall information. If you have suffered injury as a result of wearing these...</summary>
    <author>
        <name>Mitchell Lloyd Feldman, Esq.</name>
        <uri>http://www.fightfortheinjured.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=2523&amp;id=12124</uri>
    </author>
    
    
    <content type="html" xml:lang="en-us" xml:base="http://www.fightfortheinjured.com/blog/">
        <![CDATA[<p>If you use AVAIRA Toric soft Contact Lenses for Astigmatism manufactured by CooperVision, they are being recalled!</p>
<p>Read the company <a href="http://www.prnewswire.com/news-releases/coopervision-continues-the-voluntary-recall-of-avaira-toric-contact-lenses-131831898.html" target="_blank">press release</a> and the FDA <a href="http://www.fda.gov/MedicalDevices/Safety/RecallsCorrectionsRemovals/ListofRecalls/ucm275835.htm " target="_blank">Medical Device Recall </a>information. If you have suffered injury as a result of wearing these recalled contact lenses you should contact Feldman, Fox &amp; Morgado to discuss your case. <a href="/Current-Litigation-Investigations.shtml">Read more</a>...</p>]]>
        
    </content>
</entry>

<entry>
    <title>An Ignored Driver Distraction: Pets in the Car</title>
    <link rel="alternate" type="text/html" href="http://www.fightfortheinjured.com/blog/2011/10/an-ignored-driver-distraction-pets-in-the-car.shtml" />
    <id>tag:www.fightfortheinjured.com,2011:/blog//2523.141130</id>

    <published>2011-10-17T11:58:18Z</published>
    <updated>2011-10-12T19:01:22Z</updated>

    <summary>While the news about the dangers of texting and driving is prevalent throughout U.S. media, the dangers of pets in cars is often ignored. The fact is that dogs and cats provide an equal, if not greater, danger to drivers...</summary>
    <author>
        <name>Mitchell Lloyd Feldman, Esq.</name>
        <uri>http://www.fightfortheinjured.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=2523&amp;id=4701</uri>
    </author>
    
        <category term="Accidents" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="distracteddriving" label="Distracted driving" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="carcrash" label="car crash" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="fatalcaraccident" label="fatal car accident" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.fightfortheinjured.com/blog/">
        <![CDATA[<p>While the news about the dangers of texting and driving is prevalent throughout U.S. media, the dangers of pets in cars is often ignored. The fact is that dogs and cats provide an equal, if not greater, danger to drivers than cell phones and other technology. A pet left to roam the car can easily cause a serious or fatal <a href="http://www.fightfortheinjured.com/Auto-Accidents/">Florida car accident</a>.</p>
<p>A pet who is unrestrained in the car may behave badly by obstructing the driver's view of the road. In some circumstances, the dog or cat can be such a hazard by barking or scratching that the driver must reprimand or move the pet while driving. All of these actions take the driver's focus off the road, which is a very dangerous result of pets in the car.</p>]]>
        <![CDATA[<p>A survey by the AAA Foundation for Traffic Safety found that nearly 80 percent of survey participants said that they have driven with pets in the car. Only 17 percent of pet owners who drive with a pet use a safety measure to keep their pet safe and to prevent driver distraction.</p>
<p>There are a number of options available on the market to restrain a pet while in the car, including travel crates, cages and even pet seat belts. Taking precautionary measures to hold back a pet in the car is absolutely necessary to avoid distraction, safety advocates say. A full safety restraint is the only sure way to limit driver distraction and prevent car accidents.</p>
<p><strong>Source</strong>: CBS News "<a href="http://www.cbsnews.com/stories/2010/08/18/earlyshow/living/petplanet/main6783389.shtml" target="_blank">Driving with Pets: Dangerous Distraction</a>," 8/18/2010</p>]]>
    </content>
</entry>

</feed>


