Blogs By K Ryan

x ray of hip joint

Biomet Hip Replacement Device Recalled by FDA

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The Law Firm of Lytal, Reiter, Smith, Ivey & Fronrath wants you to know that a report released Tuesday, November 27, 2018 on NBC’s Today Show indicates that the hip replacement device produced by Biomet has been recalled by the FDA.  But this comes years after research showed that the device could become harmful and possibly cause death in the patient a short time after surgery. “By 2015, regulators in Australia, Germany, and five other countries were already issuing warnings about the product. But in the U.S., the Food and Drug Administration, which oversees medical devices, was silent.”  The Olympic gold medal gymnast , Mary Lou Retton had the surgery and even became a spokesperson for the device but today suffers from the very same serious problems that many others are now facing.  Our law firm has been helping victims of medical malpractice for over thirty years. We have a department dedicated to specifically addressing this very issue.

If you or a loved one has had a hip replacement where the Biomet M2a device was used or another manufacturers device and are suffering from pain or other related issues caused by the device after surgery, we want you to call the West Palm Beach law office of Lytal, Reiter, Smith, Ivey & Fronrath at 561-655-1990 or inquire at www.ForYourRights.com anytime, 24 hrs. a day.  The call and consultation is FREE. Call today!

Home pesticides may cause cancer

Home Pesticides May Cause Cancer

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Pesticides and other toxins that are used around the home have been reported and written about for years as being harmful to humans.  Yet, despite the fact that much research has gone into trying to make these over the counter chemicals safe, there are still reports of individuals becoming violently sick or even dyeing.   Recently CNN reported that a man in the California bay area used a weed control product called Roundup produced by Monsanto.  He claims the product gave him cancer.  Dewayne Johnson, a former school groundskeeper, regularly used Roundup and claims it is the cause of his cancer. Last year CNN reported that more than 800 patients were suing Monsanto, claiming its popular weed killer, Roundup, gave them cancer.  This brings the total up to over 2,000 people who have used Round Up and have claims against Monsanto.

The big question at stake is whether Roundup can cause cancer and, if so, whether Monsanto failed to warn consumers about the product’s cancer risk.

In March 2015, the World Health Organization’s International Agency for Research on Cancer (IARC) said the key ingredient in Roundup, glyphosate, is “probably carcinogenic to humans.”  But Monsanto long has maintained that Roundup does not cause cancer, and that the IARC report is greatly outnumbered by studies saying glyphosate is safe.

The law firm of Lytal, Reiter, Smith, Ivey& Fronrath has handled chemical and pesticide exposure cases around the state of Florida where there is an overabundance of pesky little critters invading yards and homes with home owners using professional or over the counter chemicals to rid them.  As result, we have had many successful outcomes with these cases.  We are here to answer any questions you may have about chemical exposure.  If you or a loved one feels that you have become sick due to a chemical at home or at work, call Lytal, Reiter, Smith, Ivey & Fronrath at their West Palm Beach Office today.  The call and consultation is FREE and there is no obligation.  Call 561-655-1990 to talk to one of our highly trained attorneys.

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What do you Mean I Can’t Sue the Government?

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Or the Police Department, School Board, Post Office, FBI or any other federal or local governmental entity!  That right, it’s called Sovereign immunity and it protects the Government, nationally, locally and internationally from being sued.

The entire concept of sovereign immunity is antiquated, dating back to the days when it was proclaimed: “The king can do no wrong.”

“King?”

Anyone who believes governments can do no wrong must be completely out of touch with reality.  Sadly, those who are injured or have died due to the negligence of a governmental employee may fall victim to this very old, legal doctrine that states  the sovereign or state cannot commit a legal wrong and is immune from civil suit or criminal prosecution.

“That’s crazy, right?”“So when can I sue the Government or Sovereign?”

Under the Federal Tort Claims Act, you can file a lawsuit against the government in certain situations. The FTCA allows you to file a lawsuit for injury, loss of property, or wrongful death caused by a federal employee only if it was caused by negligence and if you could file a similar lawsuit against a private person and win.  Furthermore, for you to be able to sue, the federal employee must have been within the scope of his/her employment when the event occurred. For example, if an FBI agent crashed into you while chasing a suspect, then you might have a case because the FBI agent was in the scope of their work.  However, if the same FBI agent crashed into you while driving his kids to school; you can’t sue the government, even if he was driving his work vehicle. But you may have a case against the FBI agent as a private citizen since the agent was not in the scope of their work.

“OK, so what if I want to sue a governmental entity under the FTCA rule because I was badly injured during the time when the employee was on the clock?”

Here’s how it works.  First, you should consider hiring legal counsel so the process is done correctly and in a timely manner. This is a very complicated situation and an attorney can help make sure you are compensated properly and things are done in an orderly manner.  But if you decide to go it on your own, you have to file a claim within two years with the federal agency responsible for your situation. So, if an FBI agent crashed into you, then you’d have to file with the FBI. At this stage it is considered an administrative claim. You need to file as quickly as possible to make sure it doesn’t get rejected as being late.Make sure you include as many facts as possible in your claim along with the amount you want in damages.  An SF 95 form will ensure you’ve provided all the information the agency requires to carry out its investigation.

After submitting your claim, the agency has to issue a ruling within six months. If you have a strong case, the federal agency may admit your claim and offer to compensate you in full or in part, so you may not have to go to court.

If the federal agency refuses to compensate you or rejects your claim, you then need to file your lawsuit within six months from the date when the decision was mailed to you. If the agency doesn’t make a decision within six months, you can either wait for their decision or go ahead and file the lawsuit. Note that the clock starts counting down on the six-month limit only once a ruling has been made.If you were badly injured, at this point your medical bills are probably really mounting up!

“How much can I sue for?”

You can sue for any amount you want but chances are you will not receive more than the limit set on sovereign immunity liability in your state.  In Florida, that’s $200,000.  If you have lost a limb or a loved one has died in the accident, that $200,000 is going to feel like a real slap in the face.

“Is it possible I can get more?”

It is, but this could take years and usually has to be approved by the Governor of your state or some other governmental committee.  Most likely you would end up in court with a trial by jury in order to receive anything better than the minimum.  Again, the chances are slim and if your law suit was for say $10,000,000 because you lost a loved one, you might only be awarded $200,000.Best advice, seek counsel.  Call a law firm that has experience in these types of cases and has a track record of presenting claims bills to the Governor to get morethan the minimum recovery.

Lytal, Reiter, Smith, Ivey & Fronrath have been fighting for the rights of our clients for over thirty years and have the trial experience, resources and reputation for taking on thesecomplicated cases.

boat accident Florida

Florida is Again the State with Both the Largest Numbers of Boating Accidents and Boating Fatalities

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In 2017, Florida was again the state with the highest number of both total boating accidents and boating fatalities in the country according to statistics compiled by the Florida Fish and Wildlife Conservation Commission (FFWCC).  Florida has hundreds of lakes in addition to its thousands of miles of coastline along both the Atlantic Ocean and the Gulf of Mexico.  This, combined with the state’s beautiful weather year round, makes Florida a true boater’s paradise.  For all these reasons, Florida has the highest number of registered recreational boats of any state on the country.  However, with so many boats on the water, accidents are bound to happen.  This was simply confirmed by the FFWCC’s 2017 statistics.  Therefore, if you are in Florida and are regularly out on your boat, make sure to take appropriate safety measures every time you are on the water to avoid becoming another statistic.

The FFWCC’s Findings Regarding Boating Accidents in Florida

The FFWCC’s recent report showed there was a nearly 14 percent rise in Florida boating accidents in 2017 as compared with 2016.  There were 766 boating accidents in Florida in 2017, up from 714 in 2016.  July had the most accidents with 113, with May and April the next two highest months with 99 and 92 accidents, respectively.  Of all Florida counties, Monroe County had the most accidents, with Miami-Dade and Broward Counties coming in second and third place with 75 and 63 accidents, respectively.  Of the causes found by the FFWCC in connection with these accidents, the two most cited as playing the leading role were operator inexperience or not having proper lookout/operator inattention.  Although the number of total boating accidents that occurred in 2017 rose when compared with the prior year, a total of 67 people died in boating accidents in Florida in 2017, which was the same number as in in 2016.  The 766 boating accidents also resulted in a total of over $8.5 million in total property damage.

Florida Law Regarding Boating Accidents and Boating Fatalities

These statistics tell a grim tale that venturing out onto the water for what should be a good time can be ruined by someone else’s bad decisions.  As in most states, Florida law concerning the operation of boats is similar to its laws regarding the operation of motor vehicles. A boat operator must use appropriate measures to keep his or her passengers as well as nearby boaters safe.  If a boat’s operator is negligent in operating his vessel, such as piloting it at excessive speeds, drinking and then operating a boat or paying inadequate attention, the boat operator can be sued by either his own passengers or other boaters if the negligence results in an accident that injures or kills someone.

Contact Lytal, Reiter, Smith, Ivey & Fronrath if You or a Loved One Have Been Injured in a Boating Accident

As the 2017 boating statistics recently released by the FFWC reflect, boating accidents are unfortunately all too common in Florida.  Boating accidents occur with greater frequency in Florida than anywhere else in the United States.  The Florida boating accident lawyers at Lytal, Reiter, Smith, Ivey & Fronrath understand the seriousness of boating safety and have extensive experience handling injury claims for those who have been injured in a boating accident.  If you have been injured in a boating accident in Florida, contact the experienced lawyers at our firm today at (561) 655-1990 for a free consultation regarding your situation today.

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Lytal, other Palm Beach County lawyers take lead at state legal group

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Lake H. “Trey” Lytal III and other Palm Beach County attorneys have taken leadership roles in a state legal association that has lobbied the legislature heavily on issues including proposed repeal of Florida’s no-fault car insurance system.

Lytal, 47, was sworn in as president of the Florida Justice Association in its annual meeting last week in Palm Beach. He serves as managing partner with Lytal Reiter Smith Ivey & Fronrath in West Palm Beach.

“We protect cornerstone American rights and support Republicans and Democrats who support our mission,” Lytal said in a statement. The group seeks to protect “access to the courts and right to a jury trial,” he said.

The association, which bills itself as advancing the interests of citizens and consumers through the work of member trial lawyers, advocated for a bill that passed the state House last session to end the state’s no-fault car insurance system. That would bring to a close Florida’s status as one of only two states that do not require bodily-injury liability insurance to cover a driver’s injuries to others, but the bill stalled in the Senate.

Other issues on its agenda have concerned worker’s comp legislation and “bad faith” laws affecting insurers.

Lytal, the son of a past president of the organization, succeeds attorney Dale Swope of Tampa as president, but he is not the only attorney from the area to line up officer roles.

Eric Romano, a partner with the Romano Law Group in West Palm Beach, was named treasurer.

The president-elect, or next president in line, is Leslie Kroeger, a partner with Cohen Milstein Sellers & Toll in Palm Beach Gardens. She will become the second woman to serve as president, according to organization officials.

west palm beach rear end accident attorney

Important Recall Info That MAY Affect Your Tires

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 U.S. Department of Transportation (DOT) National Highway Traffic Safety Administration (NHTSA) – Thursday, January 4, 2018 5:03 AM

NHTSA Recall ID Number : 17T019
Synopsis : Cooper Tire & Rubber Co. (Cooper) is recalling certain Cooper Cobra Radial G/T tires, sizes P215/70R14, P225/70R14 and P225/70R15, Cornell 1000 tires, size P235/75R15, El Dorado Golden Fury GFT tires, size P205/75R15, Futura GLS Super Sport tires, size P225/70R14, Mastercraft Avenger G/T tires, size P225/70R14, Mastercraft MC-440 tires, sizes 185/60R15, 215/60R16, 225/60R16, 225/60R17 and 205/55R16, Starfire RS-C 2.0 tires, sizes 215/60R16 and 205/55R16, Starfire SF-340 tires, sizes P215/65R16, P185/60R15, P215/60R16 and P225/60R16, Cooper Trendsetter SE tires, sizes P205/75R15 and P235/75R15, Mastercraft A/S IV tires, sizes P205/75R15 and P235/75R15, and Vanderbilt Turbo-Tech G/T Radial tires, size P225/70R14. These tires were manufactured with an incorrect belt rubber compound that may result in poor adhesion of the rubber to the belt wires, potentially resulting in a belt separation. If the belt separates from the tire it can cause loss of vehicle control, increasing the risk of a crash. Cooper will notify owners, and dealers will replace the tires, free of charge. The manufacturer has not yet provided a notification schedule. Owners may contact Cooper customer service at 1-800-854-6288. Cooper’s number for this recall is 170.

 

The personal injury attorneys of Lytal, Reiter, Smith, Ivey& Fronrath can protect your right to receive full compensation for your damages, losses, and injuries from a railroad accident. Call our office at (561) 655-1990 or (561) 655-1990 to schedule a free consultation.

Contact us today so we can help make the world a better place for your family and other families out on the roads.

 

Lytal, Reiter, Smith, Ivey & Fronrath

515 N Flagler Dr, 10th Floor

West Palm Beach Florida, FL 33401

(561) 655-1990

 

Seat Back Collapse Litigation: Alive and Well

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During the past several months, our firm has reviewed several new potential cases involving seat back collapse. These cases all involved relatively late model vehicles where the seat backs collapsed in a moderate speed rear end crash, resulting in severe spinal cord injuries.

Seat back collapse litigation has been ongoing between injured consumers and the automobile industry for at least thirty years. Despite decades of litigation and untold millions of dollars paid to injured consumers, the industry continues to pump out millions of lower end vehicles that have cheap seats that fail.

As a result, seat back collapse lawsuits are, unfortunately, still alive and well. As with the cases we’ve recently reviewed and handled in past years the fact pattern is generally the same: client is a driver or passenger in a vehicle which is stopped at a light or stop sign. Their car is rear-ended by another driver at a moderate speed – typically 20 to 35 miles per hour. The client’s seat back collapses, throwing them backwards. The client is paralyzed or suffers a catastrophic head injury due to the structure of a collapsed seat back rupturing their spinal cord or causing their head to hit the back of the vehicle. Even though the crash was one that should have only resulted in minor injuries, the client has permanent catastrophic injuries.

This problem generally only affects lower end vehicles with poorly designed seats. Cost of the seat is usually always a factor. These injuries do not happen to occupants seated in vehicles with good seats – think Mercedes, Volvo, etc…

Tragically, the worst of these cases involve injuries to back seated children. When a seat back collapses, if there is a child seated directly in back of the occupant whose seat collapses, the child can be injured when the front seated occupant’s head slams into the child’s face or chest. We made an advocacy video about one of these cases several years ago that involved a four year old client of ours named Alyssa Perrino. Alyssa suffered a catastrophic brain injury when her grandfather’s car was rear ended. His seat back collapsed resulting in his head impacting Alyssa’s head. Had the seat back not failed she would have likely not been injured.

Studies dating back to the early 1960’s show the industry has been well aware of the need for properly designed seat backs for decades. In 1968, after extensive testing, researchers determined that rigid seat backs guarantee more effective support of the occupant during rear-end collisions, providing the seat back support is high enough to also resist rearward movement of the head. Conversely, a seat that yields appreciably rearward places the motorist in a semi-reclined posture that may serve to attenuate some of the injury-producing forces. A well designed seat balances both of these factors to result in good crash protection for occupants. Unfortunately a good crashworthy seat costs money, and when some companies cut costs it comes at the expense of more dangerous seats that fail when they should protect.

In 1967, the NHTSA first published Federal Motor Vehicle Safety Standard 207, which calls for a uniform loading test for seats and seat backs. The test simply requires that an empty seat be attached to a pulley and a static load 20 times the empty seat weight is applied rearward. The seat will pass if there is only minimal rearward bending. For example, an empty seat equal to 10 pounds is required to withstand a static load of only 200 pounds before collapsing. FMVSS 202, adopted in 1968, similarly sets loading limits for headrests. This is an absurdly low minimum standard and has no correlation to whether the seat will protect occupants.

Some manufacturers build good seats that are designed to protect occupants. Other manufacturers design their seats to only pass the minimum safety standard. This still happens today with certain lower end makes and models, despite decades of litigation and industry insiders knowing full well that many vehicles have cheap seats that will fail in certain crashes. As a result, for certain cars, moderate rear end crashes will continue to result in seat backs collapsing and occupants being injured.

Takata Recall: Breaking News

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Coming Soon….!