Author: Stephen K. Brooks

New Law Institutes Mandatory Minimums for Leaving the Scene of an Auto Accident

Just before 6 a.m. in early February 2012, Edna Walsh and Aaron Cohen were bicycling eastbound on the Rickenbacker Causeway in Miami. Suddenly, they were struck by a silver Honda driven by a man named Michele Traverso, who had been partying at a Coconut Grove bar before the crash. Traverso immediately fled the scene and…

Ethicon Pays Out Another Big Verdict in Transvaginal Mesh Case

Earlier this month, a jury in the Southern District of West Virginia awarded $3.25 million to a woman who was implanted with the Gynecare TVT OBturator, or TVT-O, pelvic mesh (or transvaginal mesh) device, according to Reuters. The jury found that Johnson & Johnson’s Ethicon, Inc. unit was liable for selling a defective product, and…

Nursing Home Rights in the State of Florida

A number of Florida statutes exist to protect our beloved elderly relatives as they spend their final years in nursing homes. Agencies such as The Florida Agency for Health Care Administration, the Department of Elderly Affairs, and the Department of Children and Families regulate and help enforce these laws. The main purpose of these laws…

Ovarian Cancer Caused by Talcum Powder

Talcum Powder is a popular household item used by many Americans. The powder has been around since the 1800’s and has been used to absorb perspiration typically on children and women. Over the past two decades there have been reports of Talcum Powder linked to ovarian cancer as well as lung cancer. What is talcum…

Vision Exemption Policy Lets Partially Blind Truck Drivers onto the Road

You may find it shocking to hear that the federal government provides truck drivers who are partially blind permits to drive their trucks in certain circumstances. The Federal Motor Carrier Safety Administration (FMCSA), the division of the U.S. Department of Transportation that regulates commercial trucking, actually has programs that allow truck drivers with certain medical…

GM Ignition Switch Cases – Deadline Coming Soon

Brooks Law Group is dedicated to providing our clients with a clear understanding of what is happening with the GM recalls around the world. The deadline to file these claims is December 31st, so time is running out if you or someone you know has been injured as a result of a faulty GM Ignition…

Traffic Fatalities Higher in 2012 than 2011

Our blog last week dealt with truck driving crashes and how much more dangerous and potentially fatal accidents involving trucks can be. Although those facts remain, another unfortunate report by National Highway Traffic Safety Administration (NHTSA) found that there were more fatal car crashes in 2012 (the most recent year data is available) than in…

Who is Eligible for a GM Ignition Switch Claim?

You may have heard the buzz lately about General Motors Ignition Claims where defective vehicles are the cause for serious motor vehicle accidents which result in horrible injuries or death. Here are some of the case criteria involved in GM Claims to see if you or anyone you know qualifies. The important thing to remember…

Recent Surge in Trucking Accidents Explained

The fatal trucking accident involving comedian Tracy Morgan this summer was one of the few times a fatal trucking accident actually received press coverage in this country. However, simply because trucking accidents don’t often get news coverage does not mean they do not present a problem. In fact, according to the Federal Motor Carrier Safety…

Florida Supreme Court Voids Cap on Non-Economic Damages

In April of this year, the Florida Supreme Court issued a major opinion regarding damage recovery in medical malpractice cases. It found that statutory caps on wrongful death non-economic damages were unconstitutional, violating the Equal Protection Clause of the Florida Constitution. The case originated from a pregnant woman named Michelle McCall, who received prenatal care…

Products Liability Claims – Consumers Have a Right to Know about Defective Products

As reported earlier this week in the Business Wire News section of MRO Magazine, Toyota was keeping the severe reality of the defective brake override system and Electronic Throttle Control System (ETCS) behind closed doors. Toyota admitted to knowing about these problems for a while without informing consumers and documents surfaced which proved liability to…

Wrongful Death Lawsuits Against Government Agencies

When one thinks of wrongful death, the types of lawsuit that comes to mind might be ones against a company who makes a defective product that is responsible for the person’s death, or against a doctor and/or medical group due to medical malpractice that ends tragically. However, sometimes a wrongful death case may seem atypical….

Last Week Was a Bad Week for Big Tobacco

A jury in Pensacola, Florida returned a record verdict against tobacco company R.J. Reynolds. Cynthia Robinson brought the suit against R.J. Reynolds for the 1996 wrongful death of her husband, who was a longtime smoker. The jury awarded $16 million in compensatory damages and $23 billion in punitive damages. Wrongful death is a death that…

Sovereign Immunity in Wrongful Death Cases

In March 2008, University of Central Florida football player Ereck Plancher struggled to complete post-spring break conditioning drill. According to the Associated Press, former teammates claim he gasped for breath at times and struggled to make it through the workout. Contrary to what UCF officials claimed, the former teammates asserted this workout was “punishment” for…

Who is at Fault in a Truck Accident?

A few weeks ago, we posted a blog about a serious truck accident which injured famous comedian Tracy Morgan and killed famous comedian James McNair. It was a tragic accident that was reported on several different news sources and the actual filing of the personal injury lawsuit was recently reported on Friday, July 11th on…