GOLDLAW – West Palm Beach Personal Injury Lawyers, Car Accident, Slip & Fall – Law Offices of Craig Goldenfarb

Category: Personal Injury Blog

  • Malfunctioning Defibrillators: What is the Safe Medical Device Act?

    Nearly 300,000 Americans collapse each year when their hearts stop pumping in a normal rhythm. Without immediate medical attention, they are at risk of death from cardiac arrest. Automated external defibrillators (AED’s) are portable devices used to treat heart arrhythmia by shocking the heart back into a normal rhythm. An AED offers the best chance of survival after a heart attack. However, malfunctioning AEDs can cost lives rather than saving them.

    Between 2005 and 2010, the Food and Drug Administration (FDA) received more than 28,000 reports of malfunctioning defibrillators and 68 AED recalls were issued.

    How does the FDA receive these reports and how are recalls issued?

    The Safe Medical Devices Act is a federal law that was enacted in 1990. The SMDA was an update to the Federal Food, Drug and Cosmetic Act, which had not been modified since 1976. Before 1990, there was no way for the government to track defective medical devices that could potentially cause injury.

    The SMDA requires health-care professionals to report deaths or injuries that may be related to a particular medical device to the Food and Drug Administration (FDA). Adverse events must be reported even if the doctor is uncertain that the product caused the event. Reports are made through a medical reporting program called MEDWATCH. The FDA must follow up on all reports of medical device malfunctions and issue a recall if there is a risk of injury from the device.

    Consumers may also make a report on the MedWatch website or by calling 1-800-FDA-1088.

    If you have lost a loved one because of a malfunctioning AED, an AED lawsuit may bring accountability for your loss. West Palm Beach heart attack injury attorney Craig Goldenfarb has led the efforts to improve AED safety and save lives.

  • Lost a loved one from a heart attack?

    Significant advances in AED technology during the last 20 years have led to a new wave of small, portable defibrillators being developed.

    A Wall Street Journal article in 1996 stated, in part, that manufacturers of these automatic external defibrillators envision a day not far off when AEDs will be as common as fire extinguishers. With the increasing popularity of these devices, the standard of care has developed to the point that both common law and statutory regulation are beginning to demand that AEDs are present in a variety of public places.

    According to the American Red Cross, more than 300,000 Americans die each year of cardiac arrest. The medical studies indicate that a large percentage of these individuals could be saved by the timely application of an AED to restart the heart. The AED device is appropriate for the occurrence of a “sudden cardiac arrest,” which is an electrical malfunction of the heart that triggers a fatally abnormal heart rhythm.

    AEDs now cost as little as $1,000 and are so easy to use that even children can use them by following diagrams and voice prompts on the new AED models.

    Lawsuits have now become common, either for the failure of premises owners to have AEDs when required by law, or in the negligent failure to properly find or use an AED when it is already on the premises.

    Recent cases involving the deaths of individuals on airplanes, the death of Tim Russert, Michael Jackson, and the deaths of professional athletes have prompted the establishment of Good Samaritan laws in all 50 states.

    Who must have AEDs?

    • Federal buildings
    • Certain commercial airplanes, and others may be required
    • Common carriers
    • Hotels
    • Commercial businesses
    • Doctors’ offices

    West Palm Beach attorney Craig Goldenfarb has handled many cases where compensation has been awarded to the families of the deceased for either not having an AED present at the premises, for employees/staff not knowing where the AED was located, or not having someone properly trained to use it. Goldenfarb lectures nationally to condominiums, gyms, and various other organizations, to promote the purchase of these life-saving devices. By encouraging the widespread use of AEDs to save lives, we can all help establish a standard of care that encourages AED use n a variety of settings.

    Craig Goldenfarb has been chairperson of the American Association for Justice’s AED Litigation Group since 2009. Contact him for a free evaluation of your case to determine if you are entitled to compensation for the loss of a loved one whose life might have been saved by the use of an AED.
    Order Goldenfarb’s free book, What the Insurance Companies Don’t Want You to Know.

  • How Medical Emergencies May Cause Florida Car Crashes

    Florida has the largest elderly population in the United States – more than 19 percent of Florida’s population are senior citizens. Certainly, many older Americans are good drivers who are healthy and active. However, there are many drivers on Florida highways who have suffered strokes or heart attacks and are at risk of similar medical emergencies in the future.

    Strokes, heart attacks, loss of consciousness, and seizures are always serious. But, when these medical emergencies take place while the victim is driving, there is additional risk to the driver, to his passengers, and to anyone else on the road. Even the most responsible of drivers may lose control of their car during a medical emergency. Medical emergencies may cause single and multi-car motor vehicle crashes and Florida pedestrian accidents.

    Signs of a Florida medical emergency car crash

    Florida car accident investigators look for signs at the accident scene that indicate the cause of an accident. When an accident is caused by a medical emergency, there may be no signs of speeding or reckless driving until the time of the crash. For example, there may be no skid marks at the scene. If the driver is elderly or has a history of health problems, they may look at his medical records. Finally, a doctor’s report or coroner’s autopsy will determine the specific medical emergency that took place.

    Who is liable in a medical emergency car accident?

    The driver who is at fault for a car wreck is usually liable for any injuries that they cause. However, a driver who caused an accident after a medical emergency may try to prove they were not at fault because the emergency was beyond their control.

  • How Can You Avoid Being A Car Accident Victim?

    Officials expect that car insurance rates in Florida will increase by an average of $80 this year. Why? Florida leads the nation in staged car wrecks, and these insurance scams are costing Floridians billions of dollars.

    As the economy has declined, the number of fake accidents in Florida has been growing. Between 2009 and 2010, there was a 77 percent increase in the number of staged accidents. Why does this happen?

    Some people believe that Florida’s no-fault auto accident insurance law makes it easier for criminals to get by with staging accidents in Florida. No-fault insurance means that insurance companies must pay up to $10,000 per victim for injuries, no matter who is at fault. If two cars with four occupants each stage a crash in West Palm Beach, the insurance company could pay $80,000 in damages.

    However, staged accidents can be dangerous. No one can predict how an accident will turn out. In 1997, an entire family was killed when their station wagon was crushed between two trucks staging an accident on a California freeway.

    You can’t prevent staged accidents, but you can avoid becoming a victim. Here are six tips from Craig Goldenfarb, an autoaccident lawyer in West Palm Beach:

    • Avoid tailgating. A common staged accident scenario is the “swoop and squat.” A driver suddenly pulls in front of another car and then slams on his brakes to cause an accident. Leave plenty of distance between you and the vehicle in front of you so you have time to stop if the other driver unexpectedly stops.
    • If you are involved in a Florida car crash, call the police and file an accident report. Do this even if damage is minimal. This makes it more difficult for the dishonest driver to intentionally damage his car in order to collect a larger insurance settlement.
    • Use your camera or cell phone to take pictures of the scene. Photograph everyone involved in the accident, including any passengers. Photograph the damage to both cars. If the other driver objects, ask the officer at the scene to help you.
    • Get the other driver’s name, address, phone number, and car insurance information. Ask for his driver’s license number and vehicle registration information. Write down his license plate number and the make, model, and color of his vehicle.
    • Remember that any doctors, lawyers, or tow-truck drivers at the scene may also be part of the scam. Never allow your vehicle to be towed by a company that you didn’t call to the scene.
    • Never agree to settle with cash, even if you think the accident might be your fault. Report the accident to your own insurance company.
    • If you were seriously injured, you may want to discuss your accident with a car accident lawyer in West Palm Beach. If you believe you were part of a staged accident scam, he may be able to help you find evidence to prove your claim.

    The Law Offices of Craig Goldenfarb offer free consultations to Florida accident victims.

  • Having a Heart Attack in a Public Place? Follow These Steps.

    Statistics show that over 250,000 people die each year from heart attacks outside of hospitals. Many residents of West Palm Beach have elderly family members or are elderly themselves, and are therefore more susceptible to heart attacks than the general population.

    Those who survive public heart attacks often have their life saved by an AED machine. An automated external defibrillator delivers a shock to the chest after measuring the pulse to see if ventricular fibrillation is taking place. Not all heart attacks are caused by ventricular fibrillation, but studies show that most public heart attacks are. For this reason, AED machines in public places can save lives.

    It is important for Florida residents to plan ahead and know what to do in case you or a loved one has a heart attack in a public place.

    1. Call for medical attention. If you are having a heart attack, get help from a friend, a family member or someone passing by, and ask them to call for medical attention. If a loved one is having a heart attack, call for medical attention immediately.
    2. Look for an AED. Check for a brightly colored object mounted on the wall, near an entrance or exit. In 1997, the state of Florida mandated that an AED be present and marked clearly in all public places that elderly people tend to visit. These include casinos, stadiums, golf courses, and shopping centers.
    3. Remove the defibrillator from the wall mounting. This will create an alarm, alerting staff that someone with CPR training is needed.
    4. Find someone with CPR training. Most public places have staff on-hand that are certified in cardiopulmonary resuscitation. A CPR-trained individual may attempt manual resuscitation (clearing the victim’s airways and pumping the chest) before using an AED.

    Have you or someone you love suffered a heart attack in a public place that did not have an AED machine present? If the heart attack could have been treated by an AED machine, you may be entitled to compensation. Call Florida heart attack injury lawyer Craig Goldfarb to set up a free consultation.

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  • Have You Lost A Loved One Because of a Defective AED? The AED May Have Been Recalled. Learn More.

    Every year more than 200,000 Americans die of sudden cardiac arrest, the unexpected stoppage of the normal circulation of the blood due to failure of the heart to contract. This prevents oxygen from getting to all parts of the body, including the brain. If cardiac arrest goes untreated for more than five minutes, brain injury is likely to occur.

    The odds of survival increases and the risk of brain damage decreases if the patient can be immediately treated with an Automated External Defibrillator, or AED. An AED is a device that is about the size of a lunch box that analyzes a heart rate, determines if it is treatable, and then attempts to shock it back to a sustainable rhythm.

    AEDs are so effective that in 1997, Florida law mandated that AEDs be installed in many public locations in order to save the lives of those suffering from sudden cardiac arrest. These AEDs are designed to be easily used by a bystander with little training. They provide visual and voice prompts that guide the user through the process of delivering a resuscitating shock.

    However, even a trained user cannot save a life with an AED that is defective. In the past five years, numerous models of AEDs have been recalled because of design problems or other defects.

    Here is a list of AED recalls from 2006-2010:

    • Physio-Control Inc., LIFEPAK 20 and LIFEPAK 20e External Defibrillator/Monitors were recalled on May 27, 2010 because a failure on the power supply assembly can result in either “No DC power” or “No DC or AC power”. The failure of battery power can result in the inability to deliver defibrillation therapy.
    • Defibtech LLC, DBP-2800 Battery Pack for ReviveR AED™ and Lifeline AED® Semi-automatic External Defibrillators were recalled on May 21, 2010. AEDs used with the affected battery packs may falsely detect errors and not provide shock therapy when needed.
    • Physio-Control Inc., LIFEPAK 15 Monitor/Defibrillators were recalled on March 4, 2010 because of a potential for the device to unexpectedly power Off and then On by itself, or power Off and not turn On again, or power On and not allow itself to be turned Off. These defects can prevent the unit from delivering needed therapy.
    • Cardiac Science Corporation’s Powerheart, Cardiovive, NK, and Responder Automated External Defibrillators were recalled on November 13, 2009 because defects in some electronic components may not be detected in the device’s self-tests. The defects can cause the device to malfunction during a rescue attempt and prevent resuscitation.
    • Cardiac Science Corporation’s Powerheart, CardioVive, Nihon Kohden, and GE Responder Automated External Defibrillators were recalled on October 12, 2009 because they may not have received adequate electrical safety testing prior to being shipped from the factory.
    • Physio-Control Inc., LIFEPAK CR Plus Automated External Defibrillators were recalled on July 31, 2009 because in an extremely humid environment, the LIFEPAK CR Plus AED may improperly analyze heart rhythm and this may cause the device to delay or fail to deliver therapy.
    • ZOLL Medical Corporation, ZOLL AED Plus Defibrillator was recalled on February 12, 2009 because the AED failed to deliver the defibrillation energy.
    • Welch Allyn AED 10 Automatic External Defibrillator and MRL JumpStart AEDwere issued three separate recalls on December 15, 2008 because the device may experience: low defibrillation energy delivery, unexpected device shutdown, and/or inadequate filtering of electromagnetic noise. Any of these issues could lead to a sudden stoppage of the device and may prevent defibrillation of a patient in cardiac arrest.
    • Physio Control, Inc. LifePak CR Plus Automated External Defibrillators were recalled on August 28, 2008. This AED instructs the responder, using voice prompts, to press the shock button. But, because of improper design, the shock button is not visible and the responder is not able to provide therapy.
    • Welch Allyn AED 10™ Automatic External Defibrillators were recalled on October 26, 2007 because of a defective part that caused a possibility of the devices experiencing failure or unacceptable delay in analyzing a patient’s ECG resulting in possible failure to deliver the appropriate therapy.
    • MRL/Welch Allyn AED 20™ Automatic External Defibrillators were recalled on August 24, 2007 because the devices may display a “Defib Comm” error message on the device display during use which may result in a terminal failure of the device to analyze the patient’s ECG and deliver the appropriate therapy.
    • LifeLine® Semi-Automatic External Defibrillators (AEDs) and ReviveR® Semi-Automatic External Defibrillators were recalled on February 17, 2007 because the self-test software for these devices may allow a self-test to clear a previously detected low battery condition. This may leave the operator unaware of a low battery, and the device may be unable to deliver a defibrillation shock, which could result in failure to resuscitate a patient.
    • Welch Allyn PIC 50™ Automated External Defibrillators were recalled on June 30, 2006 because an electrical contact problem may result in the device’s failure to provide a defibrillation shock, which could result in delay or failure to resuscitate the patient.
    • Welch Allyn AED 20™ Automated External Defibrillators were recalled on June 15, 2006 because an electrical connection within the recalled devices may fail intermittently, impairing the device’s ability to analyze the patient’s heart rhythm and deliver appropriate therapy. There may or may not be an error message on the device display reading “DEFIB COMM FAIL SELF TEST FAILED.”

    If you have lost a loved one because a defective or malfunctioning AED, West Palm Beach heart attack injury attorney Craig Goldenfarb can help. Mr. Goldenfarb has led the efforts to save lives in Florida with AED lawsuits that bring justice to those who have lost family members to cardiac arrest because there was no functioning AED present.

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  • Four Ways To Prevent Injury In A Car Crash

    No matter how safe of a driver you are, some car crashes can’t be avoided. Do you know that following a few simple safety tips can greatly increase your chances of surviving a West Palm Beach car crash?

    Our accident attorneys in West Palm Beach give these tips:

    1. Wear your seatbelt. Almost half of fatal Florida car crashes involve drivers and passengers who are not wearing seatbelts at the time of the crash. In a West Palm Beach car crash, seat belts are your best defense against serious injury and death. If you don’t buckle up, not only do you endanger yourself, but you endanger others. If you are thrown into another person in a high speed crash, they could be crushed and killed.So, wear your seatbelt properly. Make sure that it is buckled across your lap, not your stomach and that the shoulder belt rests on your shoulder. This will prevent you from slipping under the seatbelt.
    2. Make sure your headrest is properly adjusted. The top of the head restraint should be even with the top of the head. Adjust your headrest so it is as close to your head as possible.
    3. Sit as far away from the steering wheel as possible.
    4. Make sure your child is restrained in an approved child safety seat. You can learn more in our articles, “Florida Car Seat Law: What You Need to Know to Keep Your Child Safe” and “Not All Car Seats Are The Same: How To Choose A Car Seat”. Children who are restrained in seatbelts can slip out from under the belt and become missiles. An improperly seat belt can cause serious internal injuries and spinal cord damage.

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  • Florida Car Seat Law: What You Need to Know to Keep Your Child Safe

    Nationwide, traffic accidents are the leading cause of death and injury for children between the ages of one and twelve. In 2009, eighty-eight children were killed inFlorida highway crashes. The true tragedy is that half of these deaths could have been prevented had the child been in an approved car safety seat or wearing a seat belt.

    According to National Highway Transportation Safety Administration (NHTSA) research, a properly installed and used child safety seat reduces a child’s chances of death in an accident by 71% for infants and by 54% for toddlers ages one to four. However, the NHTSA estimates that at least 72% of child vehicle safety restraints are being used incorrectly increasing the child’s risk of injury.

    In Florida, all children age five or under must be restrained in a car seat or safety belt. Children ages three and under must be in a child seat or booster seat. Children age four and five may use a car seatbelt. Florida’s car seat law is not as comprehensive as car seat law in most other states, and it may not provide adequate protection for your child.

    Car seat experts recommend that all infants be restrained in rear facing car seats with a five-point harness until they reach the weight or height limit of their seat. Infants should weigh at least 20 pounds and be one year of age before being moved to a forward-facing seat. However, a rear-facing seat offers better neck protection for young children, so don’t be in a hurry to turn a convertible car seat around.

    Once a child is too large for their rear-facing car seat, they can be moved into a forward-facing seat. These seats should also be used until the child reaches the limits of that seat. Most seats reach that limit when the child is around four years old and 40 pounds. However, many seats have a higher weight limit which extends their protective benefits.

    A child who has outgrown his car seat should use a booster seat in a rear seat until he reaches 4 feet 9 inches and eighty pounds, the height at which vehicle safety belts properly fit across the upper thighs and shoulders.

    Children under the age of thirteen should always ride in the back seat.

    It is truly a tragedy when a child is injured or killed in a traffic accident. A car seat is the best protection you can give your child.

    If your child has been injured or killed in a West Palm Beach traffic accident, South Florida accident attorney Craig Goldenfarb would like to help you get the accountability and compensation you deserve.

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  • Five Drowsy Driving Myths: Prevent West Palm Beach Traffic Accidents

    Drowsy driving causes about 100,000 car accidents each year. Nearly everyone has driven while tired. Maybe they were up all night with a crying baby, not feeling well, or just couldn’t sleep – but they still had to drive to work the next day. Like many people, you may think a cup of coffee will keep your drowsiness under control, but it may not. Keep reading to learn about why this isn’t true and for the truth behind other drowsy driving myths.

    Myth #1: “Drinking a cup of coffee will help me overcome the effects of drowsiness so I can drive safely.”

    Drinks like coffee that contain caffeine can make you feel more alert. If you normally get enough sleep and are a little tired after one late night, a cup of coffee may help you through your commute. But the effects of caffeine last only for a short time. People who are seriously sleep-deprived are likely to have “micro-sleeps” -brief lapses that last 4-5 seconds, even if they fuel up on coffee. That 4-5 seconds is plenty of time for an accident to occur.

    Myth #2: “I can tell when I’m falling asleep, and I’ll pull over.”

    Most people believe that they can control their sleep. But, this isn’t true. In one study, 80% of the participants said they could predict when they were about to fall asleep, and they were wrong.

    Sleep is an involuntary reaction. Drowsy drivers can fall asleep and never even know it. When you’re behind the wheel, being asleep for even a few seconds can be deadly.

    Myth #3: “I’m young! Young people need less sleep. I’ll be ok.”

    Are you surprised to learn that males under 25 are the greatest risk of falling asleep at the wheel? In fact, half of the victims of drowsy-driving related crashes involve drivers under 25.

    Myth #4 : “If I’m a safe driver, it doesn’t matter if I’m sleepy.”

    A safe driver is an alert driver. Even a normally safe driver can become confused or use poor judgement when they are sleepy. And a sleeping driver can’t make decisions at all.

    Myth #5: “Sure, I’m a little tired, but I get plenty of sleep.”

    Most of us don’t get the sleep we need. The average person needs at least seven or eight hours of sleep a night. If you go to bed late and then wake up early for work, you probably are building up a sleep debt. If you spend eight hours in bed, but wake up feeling tired, you may have a medical condition such as sleep apnea that is preventing you from getting enough sleep. Whatever the cause of your fatigue, avoid driving when you feel drowsy.

    It is important to know that drinking an alcoholic beverage amplifies the effects of fatigue. To a tired person, one drink can have the effect of four or five drinks. Don’t drink and drive if you are tired – even if you’re sure your blood alcohol is below the legal limit.

    If you have been injured in a West Palm Beach car crash caused by a drowsy driver, you may be entitled to compensation for your injuries, lost wages, property damage, pain and suffering and other losses.

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  • Five Common Causes of West Palm Beach Car Accidents

    Nationwide, there are five driver behaviors that cause the majority of car accidents. These are:

    1. Speeding
    2. Distracted Driving
    3. Drunk Driving
    4. Aggressive Driving
    5. Driver Fatigue

    Speeding

    When a driver is speeding, his ability to approach and adjust to curves or objects in the road is reduced. Speeding decreases the time a driver has to react to a potential danger and increases the distance necessary to stop a vehicle. Most of all, speeding increases the energy released in a car crash, so it increases the likelihood of serious injury and death. According to statistics compiled by the Insurance Institute for Highway Safety (IIHS), a speed increases from 40 to 60 mph causes the energy released in a car crash to double.

    National Highway Traffic Safety Administration (NHTSA) statistics indicate that speeding is a factor in almost one-third of car crashes.

    Distracted Driving

    Driver distraction is a factor in at least one-quarter of U.S. traffic accidents. Distracted driving is of so much concern that U.S. Transportation Secretary LaHood declared distracted driving an epidemic. He is leading national efforts to ban driver distractions such as text messaging and handheld cell phone use while driving.

    According to NHTSA data, use of a wireless device while driving is the number one source of driver inattention. Recent studies show that talking on a cell phone while driving slows a driver’s reaction time as much as a 0.08 BAC and quadruples a driver’s risk of being involved in a car crash.

    Cell phone use is just one form of driver distraction. Other causes of West Palm Beach distracted driving accidents include:

    • Slowing down to look at an accident (16%)
    • Distracted by surrounding scenery (10%)
    • Children or other passengers (9%)
    • Adjusting your music player (7%)
    • Reading while driving (2%)

    Drunk Driving

    Four young people under the age of 21 die every day due to alcohol-impaired car accidents. In 2009, 9,813 or 32% of all fatal crashes involved a driver under the influence of alcohol.

    Aggressive Driving

    Reckless or aggressive driver behavior is a common cause of car accidents. Aggressive driving includes “road rage” and behaviors such as rude gestures, frequent lane changes, aggressive tailgating, deliberately preventing another driver from passing, flashing lights at other drivers, failure to regard right-of-way signs, and disregarding traffic signals. These behaviors can lead to serious car accidents.

    Driver Fatigue

    According to the NHTSA, tired and drowsy drivers cause nearly 100,000 accidents every year in the U.S. Most of these accidents occur between 11 p.m. and 8 a.m.

    All these causes of accidents are avoidable!!!

    If you have been injured or lost a loved one in a South Florida car accident and the other driver was speeding, distracted, under the influence, aggressive or tired, you have rights. Contact the Law Offices of Craig Goldenfarb, P.A. to schedule a free appointment with a West Palm Beach car crash attorney.

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