Tuesday, April 28, 2009

Wednesday Night Post

Zinc levels in some denture creams have led to copper deficiency, blood disorders and neurological disorders, including neuropathy. This problem first gained national attention when reported in the on-line issue of Neurology, published in June 2008.

Though zinc has always been an ingredient in denture cream, it only recently had been added to the label. As a result, there was no way the consumer could have ever been aware of its dangers. Based on my research, there are reports of problems dating back to 2005. Two notable brands in current lawsuits are Super Poligrip and Fixodent.

Unfortunately, many people suffering from the above noted problems are unaware their symptoms were caused by the zinc in their denture creams.

According to neuropathy.com, there are several things to look for in determining whether someone has been effected by the zinc contained in denture cream:
  • Tingling

  • Numbness

  • Pain associated with sensory nerve damage is variously described as:
    Sensation of wearing an invisible "glove" or "sock"
    Burning, freezing, or electric-like
    Extreme sensitivity to touch

These signs and symptoms can develop suddenly, or even over a number of years. If you think you or a loved one has been made ill due to the use of denture cream, you could have legal recourse.

Should you have any questions regarding denture cream zinc poisoning or any other legal matter, please do not hesitate to contact the author at AWerner@fortheinjured.com.

Sunday, April 26, 2009

Sunday Night Post

"Patient-Dumping" Law Continually Violated By South Florida Hospitals

Most commonly known as the "Patient-Dumping" Law, the Emergency Medical Treatment and Active Labor Act (EMTALA) is a statute which governs when a patient may be (1) refused treatment or (2) transferred from one hospital to another when in an unstable medical condition.

Under the statue, hospitals are obligated to treat patients whose medical condition is acute enough to where they require immediate medical attention. As such, the hospital may not turn the patient away. Also, under some circumstances, the patient may not be transferred to another facility.

South Florida hospitals have continually violated this statute, often due to a shortage of specialists available to handle emergencies. Just last year, Palms West Hospital and St. Mary's Medical Center in Palm Beach County agreed to pay money for failing to treat a child whose brain was bleeding after being hit by a softball.

In 2007, the Palm Beach Post reported that a patient had died after being transported from Palms West Hospital because they did not have a gastroenterologist available to treat him.

South Florida is not the only place where Patient Dumping is a problem. Just last week, a California hospital settled for $1.6 million dollars with the LA City Attorney after improperly discharging psychiatric patients to a homeless shelter.

Given the economic environment hospitals are currently operating in, stories like these will become commonplace. Now more than ever, patients should be aware of their rights when visiting a hospital emergency room.

As always, all questions a comments are welcome. You can contact the author directly at AWerner@fortheinjured.com.

Thursday, April 23, 2009

Wednesday, April 22, 2009

Wednesday Night Post

Injured workers' access to courts will be severely limited if proposed Florida House and Senate bills become law.

Workers' Compensation attorney's fees are in danger of reverting to their pre-Fall 2008 level, severely limiting workers' access to courts when they are injured on the job.

On October 28, 2008, the Florida Supreme court ruled on Emma Murray v. Mariner Health and Ace USA. The short of the case is that Emma Murray's attorney received approximately $8.11 per hour for obtaining her a benefit which was wrongly denied to his client by the insurance carrier. On the other hand, the attorney for the carrier received $125 per hour for unsuccessfully defending the claim. Emma Murray's attorney's took the case to the Florida Supreme Court arguing the statute was unconstitutional.

Rather than make the determination as to whether the statute was unconstitutional, though in my opinion it is, the Florida Supreme Court reinterpreted the statute. This gave the JCC (Judge of Compensation Claims) the power to award a "reasonable attorney's fee" to the injured worker's attorney, if the statutory formula was unfair as illustrated above.

Unfortunately, some of our Florida congressmen, specifically Rep. Anitere Flores (R-Miami) and Sen. Garrett Richter (R-Naples) disagree with the interpretation given by the Florida Supreme Court and now want to rewrite the Statute putting us back to a pre-Emma Murray world.

There are two major problems with this situation. First, if there are no attorney's fees, then the insurance company has no incentive to provide any benefits. It will simply be cheaper for them to deny costly treatment and hope the injured worker gives up. Second, attorney's are less likely to be in the business of representing Workers' Compensation cases, $8.11 per hour makes for a failed business model. This will severely limit access to court for the injured workers.

If this proposed legislation becomes law, it is my belief it will eventually be ruled unconstitutional. However, this could take the better part of a decade to make its way through the court system. In the meantime, should their new bill become law, thousands of injured workers will be mistreated and not have proper representation to address their grievances.

Thank you for reading For The Injured. All questions and comments are welcome. You can contact the author Adam Werner at AWerner@fortheinjured.com.

Monday, April 20, 2009

Monday Night Update

According to the AP, Lennar Corp. has been named in a class-action lawsuit. Lennar has said they have reserves to pay for the damage caused to homes. They expect the costs which exceed reserves to be covered by insurance.

So, at least there is some good news for those living in effected Lennar homes. No threat of empty coffers for the time being.

Sunday, April 19, 2009

Welcome to For the Injured

Welcome to the premiere Sunday night posting of For the Injured. For the Injured will discuss legal issues, mostly in a South Florida context. Though written by a lawyer, the goal of For the Injured is to make everyone more aware of their rights when harmed due to the negligence of others.

Let me begin by introducing myself. I am an attorney with Gordon & Doner, P.A., a primarily personal injury law firm. I graduated from the University of Florida and subsequently attended law school at Nova Southeastern University.

For my first post, I will be discussing something most of you are already aware of, Chinese Drywall. Short of living under a rock, or outside of South Florida, you probably have have at least heard something about this problem. Hopefully, you are one of the fortunate ones who are not living through the nightmare of many of our family and friends.

During the recent housing bubble, many home builders went overseas to purchase drywall. Unfortunately, a large amount of drywall from China did not contain pure gypsum, as is the industry standard. Instead, the drywall contains a mix of gypsum and cellulose. When the two are combined, they deteriorate and emit the sulfurous gas.

Here are some questions you can ask yourself to determine if you too are a victim of defective drywall:
Does your South Florida home reek of rotten eggs?
Have you noticed problems with appliances and plumbing that have required frequent repair? Have you or a family member suffered from unexplained respiratory problems, nosebleeds, or rashes?

If you answered yes to any of these questions, your home may be one of thousands that were allegedly built with defective Chinese drywall.

The true scope of this problem is still unknown. While its epicenter is South Florida, there are reports that it has been used all over the country. Most recently, it is alleged to have been used in the reconstruction of New Orleans, post hurricane Katrina.

I will continue to provide updates on the subject as they develop. For the Injured welcomes all comments, questions and suggestions for future topics. You can also follow For The Injured on Twitter.com. Thank you for visiting our page.

You can contact the author directly at AWerner@fortheinjured.com.