Hardesty, Tyde, Green & Ashton, P.A. blog

Supreme Court Rejects Drug Manufacturers' Claim that Warning Labels Prevent Lawsuits

2009-05-11T06:30:00.000-07:00

In a recent 6-3 decision, the United States Supreme Court rejected claims by drug manufacturing firms that FDA approved warning labels on drugs pre-empted state lawsuits based on failure to give adequate warning of the drug's risks. In this case, Wyeth Pharmaceuticals v. Levine, a Vermont jury had awarded several million dollars to a patient whose right arm had to be amputated after she received an IV push injection of the drug, Phenergan. The lawsuit claimed Wyeth failed to provide appropriate warning of the drug's risks associated with improper administration. Wyeth argued that, even though it could have changed the label warnings without FDA approval, the FDA's approval of the original warnings essentially gave Wyeth immunity from lawsuits.

This immunity argument was flatly rejected by the Supreme Court which noted that Congress had never passed any legislation granting immunity to drug manufacturers for faulty warnings which may have been approved years ago by the FDA based on the data provided to the agency by the drug manufacturer. Clearly, if the FDA got bad information from the drug companies, it would not be able to issue proper label warnings.

This case is an important victory for patients. It makes little sense to give drug companies immunity from lawsuits when they give bad or incomplete information to the FDA. It is in everyone's best interest to make sure drug manufacturers regularly update label warnings based on the most recent information they have regarding drug risks. Our firm has handled many cases where patients have suffered serious injuries, including development of Reflex Sympathetic Dystrophy (RSD), from improper administration of Phenergan. If you believe you have had a serious injury resulting from a reaction to a drug you have received, please call us for a free consultation.

Insurance Institute for Highway Safety Recommends Increased Vehicle Roof Strength

2009-05-11T06:16:00.000-07:00

Starting in 2010, car makers that want the insurance industry's highest safety ratings will have to increase roof strength on their vehicles to a 4.0 strength to weight ratio. This new insurance industry standard significantly exceeds the current government standard of 1.5. It also significantly exceeds the proposed new government standard of 2.5. The Insurance Institute for Highway Safety estimates using the 4.0 strength to weight ratio could reduce injuries in rollover accidents by 40-50%.

Defendants' rights law challenged

2009-04-29T10:42:00.000-07:00

In the next few weeks a decision could come down from the U.S. Supreme Court that drastically affects the rights of defendants in criminal cases, especially vulnerable defendants, including disabled and indigent defendants. The Supreme Court will rule on a case, Montejo v. Lousiana (Docket No.07-1529). This case could overrule the 1986 case of Michigan v. Jackson.

Michigan v. Jackson was a case decided by the U.S. Supreme Court. This case dealt with a defendant's Sixth Amendment right to counsel during a police interrogation. In a decision written by Justice Stevens, the Court held that once an accused individual has claimed a right to counsel at a plea hearing or other court proceeding, a waiver of that right during later police questioning would be invalid. This decision applies to defendants who agree to talk to authorities without their attorneys present.

This case is especially important for indigent or mentally challenged defendants. Those defendants could be easily convinced to talk by savvy and intelligent police officers seeking a confession.

At Hardesty, Tyde, Green & Ashton we have extensive experience representing defendants in criminal cases. Call us to see if our criminal defense attorneys can help you or someone you know.

Off-Road Vehicle Safety

2009-04-27T17:39:00.000-07:00

In November 2008 the Wall Street Journal reported that federal safety regulators are investigating the safety of the Yamaha Rhino. The Rhino has been linked to some 30 deaths. The Rhino, different from an ATV, does not fall under the safety regulations that ATV's are subject to. The Wall Street Journal in a November 4, 2008 article, stated that the Rhino "is not subject to ATV safety standards because of design differences such as having a steering wheel.... But the novel off-road vehicles aren't subject to the much-tougher standards for cars either." There are no federal safety standards in place for Yamaha to conform to when designing the Rhino to make sure that it is safe for the public.

The Wall Street journal in the same article, reported that "Yamaha faces more than 200 lawsuits in state and federal courts, many alleging the Rhino's design is unsafe." In a follow-up article on April 1, 2009 the Wall Street Journal reported that "the Consumer Product Safety Commission said that Yamaha Motor Corp. has agreed to suspend the sale of its Rhino 450, 660 and 700 models." Yamaha has also agreed to offer free modifications to Rhino's already in service to make them less likely to roll over.

When the lawsuits against Yamaha began the Wall Street Journal reported that "Yamaha settled some but last year beefed up its defense and said it may start to fight rather than settle."

If you or someone you know has been injured while operating a Rhino you may be entitled to damages. For more information on how to find an experienced attorney willing to fight for you please contact us for a free consultation.

Disability Policies and Equitable Distribution

2009-04-16T13:10:00.000-07:00

The Florida Second District Court of Appeal has re-affirmed (in March 2009) that disability policies from which payments constitute a substitute for future lost income are non-marital property and are not subject to equitable distribution.

If you have been injured or need assistance with a family matter contact Hardesty, Tyde, Green and Ashton.

Child Custody Issues

2009-04-13T13:26:00.000-07:00

Sometimes grandparents find themselves thrust into the role of seeking custody of their minor grandchild. At times the parent of the child becomes involved in drugs or develops a mental illness that prevents the parent from taking care of their child.

Often the child's parent would rather their child be with the grandparents instead of in the custody of the state in a foster home.

If you need help with issues like this call Hardesty, Tyde, Green & Ashton.

Fighting for Injured Workers

2009-04-03T13:29:00.000-07:00

Last year the Florida Supreme Court struck down caps on attorney fees in workers compensation cases so that attorneys representing injured workers could get paid reasonable fees.

Currently the Florida Justice Association, which represents trial lawyers, has been lobbying lawmakers to reject legislation that would reinstate the caps.

The purpose of the caps is to prevent those injured on the job from hiring a lawyer to help them with their case.

If you have been injured on the job contact Hardesty, Tyde, Green and Ashton.

Unique Family Law Issues for Unwed Parents

2009-03-19T07:45:00.000-07:00

Federal researchers reported that there were 4,317,119 births in 2007 which topped a record first set in 1957 at the height of the baby boom.

Additionally births to unwed mothers reached an all-time high of about 40 percent. More than three-quarters of these women were 20 or older.

Unwed parents face a host of family law issues upon the birth of a child. Often the mother needs child support from the father and fathers often have to prove their paternity to be able to seek visitation with their child.

Hardesty, Tyde, Green and Ashton can help!

Insurance Greed Attempting to Crush Working Families

2009-03-18T21:14:00.000-07:00

The Insurance industry is attempting to unfairly stack the deck against a person hurt on the job through no fault of their own. Last fall the Florida Supreme Court addressed a provision of the workers compensation law that limited attorney fees earned through representation of people wrongfully denied medical care and benefits. The court stated that the attorney that battled the Insurance industry and won was entitled to recover a reasonable fee, in other words fair payment for work done.

The legislature led by Miami Representative Flores now wants to take away the reasonableness language of the law and is therefore creating an unreasonable situation for the injured workers of this state. Buoyed by Insurance dollars Rep Flores is carrying the flag of insurance greed and self gain on the backs of people that work hard for their families everyday. Luckily Flores stands little chance of suffering the same plight as his constituents who are injured since his activities provide little to no risk for a work related injury but high probability of self gain through Insurance contributions. See the Miami Herald regarding the full story http://www.miamiherald.com/news/southflorida/story/955240.html

Alimony Reduction

2009-03-18T13:35:00.000-07:00

Recently the Fourth District Court of Appeal ruled that when a former husband seeks to reduce or terminate alimony, once the trier of fact has made a finding that a supportive relationship exists, the court “must by necessity either reduce or terminate alimony.”

This is pursuant to Florida law which permits reduction or termination of alimony when the receiver of alimony cohabits in a supportive relationship with another.

Please contact Hardesty, Tyde, Green and Ashton for your family law needs.

Injured Workers Railroaded By CSX

2009-02-01T08:40:00.000-08:00

The Federal Railroad Association has cited CSX Corp. with continuing a "culture of harassment and intimidation in connection with injury reporting." CSX has been abusing its workers since at least 2006 reports say. When someone is injured on the job there is a system in place to provide treatment and cover a portion of lost wages. Intimidating and harrassing people injured is just plain wrong and is illegal under both Federal and Florida law. We have successfully handled thousands of serious Work related injuries. Our efforts are often the one thing that keeps the family from losing their home, car and stream of income. If we can help with a Workman's Compensation claim please contact us immediately. There is no room for employer harassment or intimidation. We will be glad to turn the tables on them.

DUI Arrests Increase During Super Bowl

2009-01-31T03:26:00.000-08:00

The Florida Highway Patrol and the Jacksonville Sheriffs Office have announced that their DUI enforcement units will be out in force looking for drivers that are impaired. These law enforcement agencies stated that the concern arises out of the increase of serious injury and wrongful death as the result of drunk or impaired drivers. Certainly the choice of not driving is the best. Certainly the use of a designated driver or hailing a cab is much more economical than taking the risk of injuring someone or yourself. Even the costs , fines and surcharges of a first time DUI far exceed $1500.00 not to mention the criminal conviction and the increase auto insurance rates that follow. Taking the risk of a DUI arrest is just not worth it. To read more about the increase patrols click here. If we can help please contact our firm. Our years of experiance in handling these cases is a direct benefit to our clients.

Medical Malpractice Common in Medicade Program

2009-01-30T18:44:00.000-08:00

The program established by former Gov. Jeb Bush to privatize Medicaid is fraught with problems that have resulted in the wrongful death of Floridians and particularly those in Northeast Florida. This scheme concocted by Bush has resulted in refusal or outlandish delay of medically necessary treatment to scores of patients. It has also resulted in nearly a quarter of the doctors quitting the program due to these problems. The program has resulted in directly causing instances of Medical Malpractice.
Unfortunately, the program targets Duval, Clay, Baker and Nassau counties. If you, a friend or family member has been the victim of Medical Malpractice or Medical Negligence please contact us.
Interestingly, Bush has recommended expansion of this system in spite of the medical harm and deaths it has caused. Profits over peoples lives and health is unacceptable. Click here to read the entire article.

State Farm Doesn't Want to be Your Neighbor

2009-01-27T20:24:00.000-08:00

State Farm Insurance Company is threatening to stop selling certain property coverage in Florida because their greed has overcome their common sense. State Farm applied for a double digit rate increase but was denied the increase because they could not justify the outlandish profits they were trying to collect from Florida residents. Now they want to keep selling other policies including auto insurance because they did not hoodwink the insurance commission and get their way. Why would anyone with State Farm homeowners insurance that also has another type of insurance want to do business with a company like that? "Like a Good Neighbor, State Farm" is Where? To read more see this article

Veterans Deserve Top Notch Care

2009-01-17T20:44:00.000-08:00

Our Veterans deserve the best level of medical care. These members of the armed forces have made many sacrifices that entitle them to quality medical care. Their response to our country in the many times of need were made quickly and with great personal sacrifice. They upheld their end of the bargain and so should the government. Unfortunately there is a pattern of Medical negligence that has occurred on a repeated basis. One such example is the Naval Hospital at Naval Air Station Jacksonville. We have seen multiple cases of medical error and neglect occur. If you or a loved one has been the victim of Medical negligence call us immediately. Two of our attorneys Marc Hardesty, a retired Army Lieutenant Colonel and Frank Ashton a retired Navy Commander are very familiar with Medical malpractice cases and the nuances of the Military. It is a unique qualification that gives us the edge in many cases. Please contact us if we can help.

Insurance Companies Stealing From Sick Patients

2009-01-17T20:16:00.000-08:00

One of the largest health care insurance companies has been caught denying claims that should have been paid and delaying care that is critical to survival in many instances. United Health Group systematically delayed or denied treatment, medications or reimbursements for care that they were clearly obligated to provide under the terms of the contracts that they wrote. The result was often undue suffering by terminally ill patients and the financial disaster resulting from unpaid or underpaid bills left for patients families to cope with for years to come.

The New York Attorney General has brought charges that will hopefully slow the "profits over peoples lives" that is currently in place. Just ask yourself what would happen if you were late on an insurance premium payment? It doesn't take any imagination to figure out the result. Yet if the insurance company is not paying then that seems just fine with them.

If you have been the victim of an insurance carrier please contact us for a free evaluation of your claim. To learn more about this scam see CBS News

http://www.cbsnews.com/stories/2009/01/13/eveningnews/main4719897.shtmlsee

Gastric Bypass Surgery Can Reverse Diabetes

2009-01-16T05:28:00.000-08:00

Recent studies have demonstrated that gastric bypass surgery can do more than simply allow an obese person to lose weight. Overweight individuals are significantly more likely to develop diabetes than people of normal weight. Previous studies have shown, however, that many adults who have gastric bypass surgery not only lose weight but reverse their diabetes as well. A recent study has also shown that obese teenagers can have similar results. That study, reported in the January 2009 issue of Pediatrics, found that 10 of 11 obese teenagers with diabetes who underwent gastric bypass surgery reversed their diabetic condition and no longer had to use diabetic medications. The 11th teenager still had diabetes but significantly reduced the amount of diabetic medications he had to take.

These studies reveal gastric bypass surgery can improve health, in addition to causing weight loss and improving one's appearance. It is still significant surgery, however, and when not done properly can have catastrophic consequences. Make sure any surgeon you consider has substantial experience performing the procedure before you agree to allow him/her to operate. Our firm has handled multiple cases involving medical malpractice associated with negligently performed gastric bypass surgery. If you or a loved one has had a bad result from gastric bypass surgery, please call us for a free consultation regarding your case. Not every bad result occurs because of medical malpractice, but it is important to have an experienced attorney review your case.

DELAYED PERMANENT ALIMONY

2009-01-12T06:47:00.000-08:00

Recently, in a number of divorce cases the higher earning spouse has lost their job due to the current state of our economy which has created issues regarding alimony.

In Schmidt v. Syanovitz, 33 FLW D2799 (Fla. 2nd DCA December 10, 2008), the trial court found that the wife was entitled to permanent alimony, but the husband did not have the ability to pay permanent alimony. The court awarded two years of rehabilitative alimony and reserved jurisdiction for two years to review permanent alimony later. One wonders why the trial court or the appellate court did not identify the husband’s ability to pay rehabilitative alimony as a source for permanent alimony.

The appellate court found that when one spouse is entitled to permanent alimony, but the other spouse lacks the ability to contribute to the other’s needs, a trial court should award nominal permanent alimony.

If we can assist with a family law matter call Hardestsy, Tyde, Green and Ashton.

Interactions Among Multiple Medications Can Cause Health Risks

2008-12-31T05:29:00.000-08:00

Millions of Americans are currently taking multiple medications and/or supplements which are significantly increasing their risk of serious injury according to a report by the National Institutes of Health and the University of Chicago which is being published this month in the Journal of the American Medical Association. This is particularly true with older Americans. Combinations of blood thinners or anticoagulants (such as Warfarin or Coumadin) with aspirin or ginkgo supplements, for example, can significantly increase the risk of uncontrolled bleeding, stroke, etc. There are many other combinations of drugs/supplements which also carry significant risks. Simply because a supplement is sold in a health food store without warnings does not mean it is safe to combine with any medication you may be taking.

It is important to talk with your doctor about possible drug interactions if you are taking multiple medications or additional supplements. It is also important that doctors inquire about the medications/supplements you are taking and specifically advise you about the risks of drug interactions. The Institute for Safe Medication Practices now has a website to allow patients to check for potentially dangerous medication interactions. It can be found at www.consumermedsafety.org.

If you have been injured as a result of a drug interaction, you may have a medical malpractice claim and should speak to an experienced medical malpractice attorney.

DUI Checkpoints

2008-12-28T20:43:00.000-08:00

There is no question that the Jacksonville Sheriffs Office will be setting up DUI checkpoints from now and continuing through New Years. You best defense is obviously not to drink and drive. The use of a designated driver is always the best defense as long as the designated driver has not decided to abandon their obligation. If the officer notices signs of impairment (odor of alcohol, slurred speech, bloodshot or watery eyes) he may ask you to step out of your vehicle and do some field sobriety tests. You must then decide if you want to take your chances. You cannot be forced to take these tests just as you cannot be forced to submit to a breathalyzer test. However if you refuse to submit to one you will lose your license for a year administratively. You can possibly apply for a "work permit" but these are issued on a case by case basis. You have the right to remain silent and to have an attorney to discuss your case before entering a plea to the court. It is always better to know and understand your rights before you make a mistake that cannot be removed from your record in the future. We understand the Florida DUI laws and are available to help you. Please contact us

Northeast Florida Fog Creates Hazardous Driving Conditions

2008-12-27T20:30:00.000-08:00

Headlights are for seeing and being seen! Be sure to recognize the circumstances where lights are necessary for safety. Using headlights at night is a given but how often do you see someone driving that does not appreciate the visual impairment that fog creates during daytime? Fog in Northeast Florida can cause tremendous danger since fog degrades depth perception and reflects light thereby distorting the images ahead. Turn on your low beam lights, and be careful to watch for hazards, bicyclists, pedestrians, or animals. Reflected light from air-suspended particulates or precipitation can blind you, so use your low beams or properly installed fog lamps. Fog lamps are mounted low, underneath your line of sight, and they can help you see when regular headlamps cause difficulties. Without fog lamps, using low beams prevents light from being reflected back into your eyes much the same way. Reducing speed will also increase the safety margin. If you have been injured by someone that did not use appropriate safety measures please contact us.

It's Christmas Day, Are your Children Safe?

2008-12-25T04:27:00.000-08:00

You have just finished opening presents from family and friends. The children are impressed with the toys they are about to push to their limits. Be sure to examine these well intentioned gifts closely. There were over 230,000 injuries from toys ranging from airway obstruction (small piece stuck in the throat), toxic chemicals in the paint or liquid portion of the toy and finally lack of safety features. Additionally the use of safety equipment such as helmets and knee pads etc. should be used at all times with certain activities. Please take the time to inspect and understand the toys and gifts so that there are many more Merry Christmas's come. Please contact us if you or someone you know has been injured.

Merry Christmas from Hardesty, Tyde, Green & Ashton

2008-12-24T04:29:00.000-08:00

All of us at Hardesty, Tyde, Green & Ashton wish you and your family a wonderful Christmas.

Twas the night before Christmas, when all through the house
Not a creature was stirring, not even a mouse.
The stockings were hung by the chimney with care,
In hopes that St Nicholas soon would be there.

The children were nestled all snug in their beds,
While visions of sugar-plums danced in their heads.
And mamma in her ‘kerchief, and I in my cap,
Had just settled our brains for a long winter’s nap.

When out on the lawn there arose such a clatter,
I sprang from the bed to see what was the matter.
Away to the window I flew like a flash,
Tore open the shutters and threw up the sash.

The moon on the breast of the new-fallen snow
Gave the lustre of mid-day to objects below.
When, what to my wondering eyes should appear,
But a miniature sleigh, and eight tinny reindeer.

With a little old driver, so lively and quick,
I knew in a moment it must be St Nick.
More rapid than eagles his coursers they came,
And he whistled, and shouted, and called them by name!

"Now Dasher! now, Dancer! now, Prancer and Vixen!
On, Comet! On, Cupid! on, on Donner and Blitzen!
To the top of the porch! to the top of the wall!
Now dash away! Dash away! Dash away all!"

As dry leaves that before the wild hurricane fly,
When they meet with an obstacle, mount to the sky.
So up to the house-top the coursers they flew,
With the sleigh full of Toys, and St Nicholas too.

And then, in a twinkling, I heard on the roof
The prancing and pawing of each little hoof.
As I drew in my head, and was turning around,
Down the chimney St Nicholas came with a bound.

He was dressed all in fur, from his head to his foot,
And his clothes were all tarnished with ashes and soot.
A bundle of Toys he had flung on his back,
And he looked like a peddler, just opening his pack.

His eyes-how they twinkled! his dimples how merry!
His cheeks were like roses, his nose like a cherry!
His droll little mouth was drawn up like a bow,
And the beard of his chin was as white as the snow.

The stump of a pipe he held tight in his teeth,
And the smoke it encircled his head like a wreath.
He had a broad face and a little round belly,
That shook when he laughed, like a bowlful of jelly!

He was chubby and plump, a right jolly old elf,
And I laughed when I saw him, in spite of myself!
A wink of his eye and a twist of his head,
Soon gave me to know I had nothing to dread.

He spoke not a word, but went straight to his work,
And filled all the stockings, then turned with a jerk.
And laying his finger aside of his nose,
And giving a nod, up the chimney he rose!

He sprang to his sleigh, to his team gave a whistle,
And away they all flew like the down of a thistle.
But I heard him exclaim, ‘ere he drove out of sight,
"Happy Christmas to all, and to all a good-night!"

Fireplace Safety

2008-12-23T04:14:00.000-08:00

Many of us have fireplaces. While they are wonderful there are a few safety tips that are important to remember.

Before lighting any fire, remove all greens, boughs, papers, and other decorations from fireplace area. Check to see that the flue is open.

Use care with "fire salts," which produce colored flames when thrown on wood fires. They contain heavy metals that can cause intense gastrointestinal irritation and vomiting if eaten. Keep them away from children.

Do not burn wrapping papers in the fireplace. A flash fire may result as wrappings ignite suddenly and burn intensely.

Our firm wishes you a safe holiday season.

Low Impact Car Accidents Often Cause High Level Injury

2008-12-11T04:05:00.000-08:00

Everyday hundreds of so called "fender benders" occur and the result is the same no injury, a little paint is scraped on the bumper and a small dent is there to fix. However, there are accidents where the outward signs of the accident appear minimal but the reality is serious injury has occurred. When two vehicles strike eachother in a rear-end type collision there is always energy transfer from one vehicle to the other. This energy transfer will also be reflected in movement of the occupants. The position of the occupants at the time of the impact is a critical factor in assessing the mechanism and injury probability.

The important thing to remember is that when low speed impacts occur, lack of damage on a car's external appearance may not reflect the true damage. When investigating these types of accidents, one must look at the bumper isolation systems and the support structure of the vehicle for damage that could have occurred. The bumper isolation system is designed to protect the vehicles safety systems, such as the front and rear lights. The isolation system is not designed to prevent visible vehicle damage. Today's passenger cars, not trucks and SUVs, are required to have a bumper isolation system.

The assessment of a low speed vehicle impact accident also requires the inspection of both accident vehicles. It is very difficult to assess the impact forces from photographs or looking at the vehicles after they have been repaired. The direction and magnitude of the forces, on the occupant can be compared to the injuries to determine if they are consistent with the accident scenario. If you have suffered serious injury recently from a low impact crash please contact us.