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Posts made in February, 2013

Dietary Supplement DMAA Comes Under Fire In Wrongful Death Lawsuit

Posted by on Feb 25, 2013 in Dangerous Products

Over the weekend I read about another lawsuit involving the dietary supplement, DMAA, on the Insurance Journal website. This particular case involved a wrongful death claim filed in California by the surviving family of a soldier who died of a heart attack during physical training after consuming a dietary supplement called Jack3d. Apparently, the solder in California was the American hero to die after taking DMAA before physical exertion. As a result, the military has removed Jack3d from the shelves of its commissary and exchange stores. Jack3d is manufactured by a supplement company called USPLabs. Frankly, I was surprised to read about the San Diego DMAA lawsuit, because I had only recently read about a $2 million class action settlement between USPLabs and multiple claimants over its different dietary supplements that contained DMAA, in Los Angeles Superior Court. It does appear that the damages in the San Diego case are much more significant than the plaintiffs in the class action case. DMAA is a synthetic material that can be used to dilate blood vessels. It was originally used as a nasal decongestant, but supplement makers began marketing it as an athletic performance enhancer several years ago. Due to concerns about DMAA being connected to heart disorders, nervous system disorders, psychiatric disorders, and death, the U.S. Food and Drug Administration issued warning letters to several supplement makers just last year requesting that they prove that DMAA is safe. In addition, the World Anti-Doping Agency added DMAA to its prohibited substance list in 2010. Here in Florida, manufacturers, distributors, wholesalers, and retailers can be held liable if they make or sell an unreasonably dangerous product. However, each state has its own, unique body of law when it comes to products liability claims or lawsuits involving dangerous products. It certainly seems that DMAA would qualify as a dangerous product in Florida. I use several dietary supplements regularly, but would not take DMAA given the information...

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FHP Hit-And-Run Initiative Highlights Importance of UM Coverage in Florida

Posted by on Feb 18, 2013 in Motor vehicle accidents

FHP Hit-And-Run Initiative Highlights Importance of UM Coverage in Florida

I was pleased to read on the WESH.com website that the Florida Highway Patrol is beginning an information and outreach campaign designed to crack down on hit-and-run accidents across Florida. According to FHP, there were approximately 77,000 hit-and-run crashes in Florida last year, leading to 168 wrongful deaths and more than 17,000 injuries. I don’t know the specific statistics for Central Florida, but as an Orlando accident attorney who has been handling car accident cases for almost 20 years, it seems like we have been seeing more and more cowardly hit-and-run accidents over recent years. Hit-and-run accidents are perhaps the very best example of why it is some important for Floridians to carry as much Uninsured Motorist coverage as they can afford. Uninsured Motorist coverage is an optional coverage that Floridians can purchase as part of their automobile insurance package. Uninsured Motorist coverage behaves exactly like liability insurance – assuming the at-fault driver could be identified, and assuming he carried liability coverage. Once fault is proven, UM coverage can be used to satisfy unpaid medical bills, lost wages, and even pain and suffering and other intangible damages. As FHP is indicating, it is more likely than ever that you will be injured by a hit-and-run driver, or by a driver who does not have sufficient, or any, liability insurance. Uninsured Motorist coverage is your best defense against being left high-and-dry by an irresponsible and negligent...

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Both Drivers Might Be Liable In Volusia Road Fight That Killed Boy

Posted by on Feb 14, 2013 in Motor vehicle accidents

WFTV.com has reported an extremely tragic story about a 5-year old boy in Deltona who was killed when a car left a local roadway and struck him at a bus stop on Normandy Boulevard. Apparently, two vehicles – a gold car and a green pickup truck – were travelling down Normandy Boulevard and engaged in some kind of fight or argument as they drove down the road.  According to eyewitnesses, occupants of the two vehicles were throwing things back and forth at each other and weaving through traffic. The driver of the gold car was the last to throw an object – just before he lost control of his car, jumped the curb, and hit a bus stop bench where 5-year old Luis Ortiz and his family were sitting. The worst part of the story is that the drivers of both the green pickup and of the gold car saw what happened, but left the scene while the little boy lay there dying. The extreme cowardice displayed by both of these driver is almost beyond belief. Police are looking for both vehicles and their drivers. If these drivers can be found, they will each likely be charged with very serious crimes. As a Winter Park accident attorney, I know that if these drivers can be identified, BOTH drivers can probably be held liable for money damages related to the child’s death, even though the green pickup didn’t hit the boy. In fact, I think both drivers could potentially face punitive damages for their actions. As an additional note, if boy’s parents carried Uninsured Motorist coverage on their auto insurance policy, they could utilize these benefits even if neither of the vehicle drivers is ever identified. We will certainly be keeping Luis Ortiz, and his family, in our...

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