South Florida Injury Lawyer Blog

Can I Sue When I Get Hurt by a Product?

Published on: October 18, 2022 | Anthony Quackenbush, Esq.

Essure birth control implants and 3M Earplugs are two recent high-profile product liability cases in which tens of thousands of users who were injured sued for damages. In both these cases, the sheer volume of lawsuits would swamp the courts if taken individually, thus they are class-action lawsuits.

Essure’s manufacturer, Bayer Healthcare, received nearly 40,000 lawsuits for its permanent birth control device by 2019 when it was pulled from the market. Bayer has recently settled a portion of these lawsuits with a $1.6 billion settlement.

3M Company has received nearly 250,000 claims against its Combat Arms earplugs, which were standard issue to our servicemen and women between 2004 and 2015 but were ineffective as ear protection. New claims are constantly being filed, which have been consolidated into a multi-district lawsuit (MDL) before a U.S. District Judge in Florida in preparation for trial next year.

How to Start a Lawsuit for a Defective Product

Published on: September 22, 2022 | Anthony Quackenbush, Esq.

Products sold to consumers are supposed to be safe. There are many safety standards that need to be met, but often, either they are not met or the standards are not sufficient. Many defective products are recalled each year, and many others are never recalled, but still cause harm.

Some defective products can cause burn and fire hazards, such as space heaters, electric blankets, lithium batteries, vaping equipment, and sprays such as PAM.

Defective gym and sports equipment can cause serious physical injury due to the collapse or tipping of an exercise machine, failure of a pulley or weight locks, or poor safety equipment such as helmets, pads, and masks.

Were You Affected by the Contaminated Water at Camp Lejeune?

Published on: September 15, 2022 | Anthony Quackenbush, Esq.

Camp Lejeune, a Marine Corps base in North Carolina, had one of the worst cases of water contamination that has been seen in the United States. The water also affected the nearby Marine air station, New River. Many retired military personnel live here in Florida, and since Camp Lejeune was a busy base during the time of contamination, many of these resident veterans, their families, and civilian personnel who worked on the base may be able to seek damages for harm caused by contamination at Camp Lejeune.

What went wrong at Camp Lejeune

The contamination at Camp Lejeune was caused by multiple sources. Not all the wells on the base were contaminated, but the contaminated well water was sent to a water treatment plant where it was mingled with other wells, thus contaminating the entire water source. The water in two of the wells contained trichloroethylene (TCE), perchloroethylene (PCE), benzene, vinyl chloride, and other volatile organic compounds (VOC). One of the sources was a dry cleaner outside the base which opened in 1953 and dumped wastewater laced with PCE, a known carcinogen. PCE is also used in other solvents that may have been used on the base. Another major contamination source was underground storage tanks that leaked 1,500 gallons of fuel every month.

Juul and E-Cigarettes: Injuries and Lawsuits

Published on: August 26, 2022 | Anthony Quackenbush, Esq.

An e-cigarette uses a battery to heat up a liquid that is turned into an aerosol, which users inhale. The liquid is most commonly nicotine with additives such as propylene glycol, flavorings, and other chemicals. Inhaling these products can have serious enough consequences, but the heating process itself forms additional toxic chemicals. Heavy metals such as nickel, tin, and lead and a variety of carcinogens have been found in the vapors produced by e-cigarettes.

Lung injury is so common it has earned the term EVALI (e-cigarette and vaping-associated lung injury). In a period of just two years ending in 2019, 1,479 lung injury cases in 49 states and 33 deaths in 24 states were documented by the CDC due to “vaping” (called this because of the vapors the products produce). By February 2020, 2,807 hospitalized EVALI cases or deaths had been reported to the CDC from all 50 states, DC, Puerto Rico, and U.S. Virgin Islands, including 68 deaths.

Injuries from e-cigarettes

Injured at a Grocery Store or Retail Store – What Can You Do?

Published on: August 24, 2022 | Anthony Quackenbush, Esq.

Grocery stores, retail stores, and other places of business have a duty to provide a safe environment for their customers here in Florida. When they fail to fulfill their duty, injuries can happen and the stores are liable. You may be able to receive compensation for your injuries if you were injured at a grocery store, supermarket, or another place of business.

What is needed for a personal injury case

Florida law requires that the plaintiff in a personal injury case (the injured person or the person’s surviving family) prove:

Wrong-Site Surgery in Florida: When Doctors Operate on the Wrong Body Part

Published on: August 22, 2022 | Anthony Quackenbush, Esq.

It sounds shocking, but sometimes doctors operate on the wrong body part or on the wrong side of the body. This is known as “wrong-site surgery” (WSS).

According to a study by The Joint Commission on Accreditation of Health Care Organizations, there are 1,300 to 2,700 wrong-site procedures performed in the United States every year. But these numbers may be just a fraction of the actual numbers since healthcare organizations are not actually required to report such mistakes to the Commission. Some estimate surgeons operate on the wrong part of the body as often as 40 times a week. Sometimes they even operate on the wrong person.

Wrong-site surgery victims

Burn Injury – Do I Have a Personal Injury Case?

Published on: August 18, 2022 | Anthony Quackenbush, Esq.

Everyone knows how painful a burn injury can be. Even just touching a hot pot seems to hurt for hours. More severe burns are not only excruciatingly painful, they can leave permanent damage, such as infection, scarring, nerve damage, loss of proper function, breathing difficulty, and PTSD.

In many cases, depending on how the accident occurred, burn victims don’t realize that a third party may be at fault for their injury. For this reason, it is to your advantage to talk to a burn injury lawyer to determine if you have a case. If you’ve been burned in Florida, you may be able to seek compensation.

Causes of burns

Accidents Due to Road Construction in Florida

Published on: July 26, 2022 | Anthony Quackenbush, Esq.

You may not think accidents caused by road construction are common, but according to OSHA, every year more than 40,000 people are injured in work zone accidents, and every day three people on average die in accidents due to highway construction.

Nearly 20% of the U.S. highway system is under construction in peak seasons, with active construction sites estimated to be about every 100 miles.

Partly because of our wet weather and partly due to heavy traffic, road construction is common in Florida. While sometimes accidents can’t be avoided you can help keep yourself safe when going through work zones by staying alert and slowing down.

Parasailing Accidents in Florida – What You Need to Know

Published on: July 22, 2022 | Anthony Quackenbush, Esq.

Parasailing is an extremely popular sport in Florida. Between 3 to 5 million people enjoy parasailing every year, with Florida being one of the most popular states for this sport. While parasailing is statistically very safe, accidents do happen and they can be horrifying.

What is Parasailing?

Parasailing involves a boat pulling a parachute, called a canopy, in which one or multiple people are harnessed. Parasails can reach 500 feet into the air or more, providing a spectacular view and a feeling of flying. People may be harnessed to the canopy in a style similar to a parachutist or they can sit in a gondola, somewhat like a seat on a Ferris wheel. If harnessed, the parasailor generally begins on the boat and then is reeled back in to land again on the boat. If in a gondola, they land in the water, since the gondola is somewhat like a paddleboat.

Your Auto Accident – How We Build a Strong Case

Published on: July 18, 2022 | Anthony Quackenbush, Esq.

Florida is a destination state for so many people from around the world because of our incredible natural beauty and our many attractions, amusement parks, and entertainment venues. The downside of this is that many drivers aren’t familiar with the area, giving Florida a very high auto accident rate.

If you’ve been injured in an accident in Florida involving a motor vehicle, whether you were driving or riding in a vehicle, operating a bicycle or motorcycle, or were a pedestrian, and the accident was caused by someone else’s negligence, you are entitled to compensation for your injuries, pain and suffering, and loss of income.

What you should do right away