NOYES LEGAL NEWS

New Hope for Those That May Need Ankle Fusion

Anyone who has suffered an ankle injury knows how painful it can be. Just ask my daughter, she is still in her "boot" after sliding into second base about 5 weeks ago. Fortunately, my daughter only sprained her ankle. Presently, I have two clients that fractured their ankles after falling off roofs in a workers' compensation injury.

Those with severe ankle injuries have new hope for pain relief. The U.S. Food and Drug Administration approved a total ankle replacement system that may preserve some range of motion in the joint. The new prosthesis is a mobile-bearing device, which relies on bearings that move across a surface of polyethylene, a flexible plastic.

The Scandinavian Total Ankle Replacement (STAR) System is an alternative to fusion surgery and may allow for greater rotation and movement in the joint. Fusion surgery involves cementing the shin bone (tibia) - the thicker of the two bones in the lower leg - to the talus bone in the ankle. The procedure stabilizes the ankle, but significantly decreases the ability to move the foot up and down.  The newly approved STAR system is better.

If your doctor is talking about an ankle fusion after a workers' comp claim, motorcycle accident or car accident, talk to him or her about this new procedure. If you have questions about your legal rights after an ankle injury, contact Personal Injury Attorney Matthew for a free case consultation.

 

Tips that Could Save a Child From Drowning

Young kids are dying in backyard pools. There has been several in the Tampa Bay news in the past weeks. As a father of a 3-year-old, this issue is very important to me and should be important to all poolowners and parents.

Each year, more than 800 children drown in the United States. It happens in backyard pools, lakes and ponds, as you would expect. It also happens in places you may not expect, like puddles and bathtubs. Let's take a look at some safety tips that we can take into the summer months where water is in the plans.

According to the U.S. Consumer Product Safety Commission, about two-thirds of the pool and spa-related deaths and injuries involve children ages 1-2, with about 80% of the drowning fatalities occurring in residential settings, such as the victim’s home, a family or friend’s house or at a neighbor’s residence.

Here are a few tips that could save a child's life:

1. It doesn't take long for children to drown, and they do so quickly and silently. The key is adult supervision when children are near water. Adults are often close by but get distracted from their duties. Take supervision seriously and make sure a phone is nearby to call for help in case it is needed.

2. Children are attracted to water. Many of these children don't understand how dangerous it can be and may be discovered in the water too late to help. Make sure your pool has four-sided fencing and a self-closing and self-latching gate. Hot tubs should be covered and locked when not in use. Consider installing motion sensors on your pool.

3. Children can be pulled from the water and may be in need of high-quality cardio pulmonary resuscitation (CPR) prior to the arrival of the firefighter/paramedics. Prompt action can be the difference between life and death. Take a CPR course and get plenty of time practicing on the mannequins.

4. Children from non-swimming households are eight times more likely to be involved in a drowning. Enroll in swimming lessons. Lessons are available for all age groups, and some classes are offered for parent and child together.

If you own a pool and invite guests to your house, as the homeowner, you are legally responsible for any injuries or deaths that may occur because you failed to take precautions to prevent a drowning. Compounded by the emotional cost of a child dying by drowning in your pool, there could be significant financial costs as well.

Take steps now to protect you, your familiy and friends and others from a preventable drowning in your pool. Even if it is simply to avoid being sued because of a drowning, protect your pool now.

For more backyard pool tips that could prevent a drowning (and the potential lawsuit), click here for pool safety tips from the Consumer Product Safety Commission.

No "Father of the Year" Award for This Guy . . .

Tampa police say a father who had been drinking allowed his 12-year-old son to drive while he sobered up in the passenger's seat. To no great surprise, a car accident occurred.

Police said the 12-year-old struck another vehicle while he was attempting to turn onto 11th Street from Linebaugh Avenue. The occupant of the vehicle the 12-year-old stuck is 8 months pregnant, and she asked to be transported to the hospital as a precaution. 

The father is charged with child abuse/neglect, a felony, culpable negligence, and allowing an unauthorized operator to drive a vehicle, both misdemeanors. Police officers said they smelled alcohol on the father's breath.

This is a perfect example of how someone else's stupidity can result in you being injured in an automobile accident. It is also a reminder of how important uninsured motorist coverage is nowadays. I wouldn't be surprised that this guy did not carry bodily injury liability coverage or, if he did, the insurance company would provide coverage when the 12-year-old was driving. That is why you must carry uninsured motorist coverage on your policy. It is the single most important insurance coverage you can buy because it protects you and your family if you are injured because of the negligence (or stupidity) of another driver.

If you or a loved one is injured in a Florida car accident, click here to schedule a free case consultation with Personal Injury Attorney Matthew Noyes. Insurance companies have attorneys watching out for their best interest--so should you!

Road Rage Leads to Smashed Vehicles and Box Cutter Attack

Local exotic dancers don't get to escape the effects of road rage. This one involved ramming cars and a box cuter.

Apparently, a customer who was visiting the Diamond Dolls exotic dance club in Clearwater on US 19 Monday evening became angry over the nightclub's service and decided to wait for a particular dancer to leave the nightclub. Clearwater Police say the ousted customer engaged in bumper cars with the dancer's vehicle and ended near Clearwater High School where the suspect fought with a man in the dancer's vehicle and the dancer cutting both with a box cutter. The two were taken by ambulance to a local hospital.

If you become involved in road rage, the best thing to do is not to escalate the situation. Keep the middle finger tied down and the hand off the horn until you get into a well-lit and well-populated location. Then, lay on the horn to get the attention of other people. Also, driving to a local police station or hospital would be beneficial.

Road rage causes many car accidents and can result in some serious injuries. If you or a loved one is injured because of the road rage of another, contact a lawyer to discuss your rights. Punitive damages may be available as well.

Personal Injury Attorney Matthew Noyes has been representing those injured in Florida car accidents, motorcycle accidents, bicycle accidents, workers' compensation claims and other personal injury matters for many years. Click here to schedule a free case consultation with Personal Injury Attorney Matthew Noyes.

Car Accident With Police Cruiser Caused By Text-Messaging

This should teach you not to skip school and also not to text message while driving.

A Freedom High School student, skipped class Wednesday with two other students. As they enjoyed their short-lived independence from school, they began text messaging as they approached the red light at the intersection of Bruce B. Downs and Palm Springs boulevards. Unfortunately, the student did not notice the red light or the police cruiser stopped in front of her. As a result, she rear-ended the police cruiser. The school-skipping-text-messaging driver was cited with careless driving, police said. The crash caused about $3,000 in damage.

Washington, D.C., and 12 states have banned text messaging while driving, according to the Governors Highway Safety Association. Ten others restrict new drivers from doing so. However, Florida lawmakers tried to ban drivers under 18 from talking on cell phones, but the measure failed.

Drive safely and watch out for those who don't! Text-messaging while driving is so popular now and causes so many car accident. Don't do it and be careful about drivers that do. If a driver is slowing for no reason or swerving in the traffic lane, the chance that he is texting-and-driving is strong.

If you or a loved one is injured because someone else was text messaging while driving, you should talk with an attorney about your rights. Click here to schedule a free case consultation with Personal Injury Attorney Matthew Noyes. With five offices throughout Tampa Bay, Attorney Noyes' personal injury law firm can accommodate your schedule.

 

Prevent a Car Accident This Memorial Day Weekend

From 6 p.m. this Friday, May 22, through the end of Monday, May 25, the National Safety Council estimates there will be 366 traffic fatalities and an additional 19,400 nonfatal disabling injuries. Don't be one of them! Driving safely can safe your families' life this Memorial Day weekend. However, watching out for others who are not driving safely is as important as watching your own driving.

Speeding-related car accidents are high during the Memorial Day weekend with an average of 37% of the car accident fatalities being related to speed. Alcohol, of course, is also something that you need to watch out for. Alcohol-impaired drivers cause car accidents--it's that simple. Don't do it and stay away from drivers that appear to be driving impaired. Lastly, know where you are going. Distractions cause many automobile accidents. Looking for streets, house numbers, exits, and talking on the telephone for directions can lead to serious car accidents. Plan your trip in advance and use a GPS for directions. The investment can save your life.

Play hard this Memorial Day weekend, but be safe! Protect your family from automobile accidents or other injuries. Also, remember those who died for us so we can enjoy this great Country of ours! Remember that because of those who died, we have the freedom to praise America and even criticize our government if we want to. Treasure your freedom--this holiday weekend and every weekend!

For more information about your rights after a Florida car accident, motorcycle accident or other personal injury claim, click here to schedule a free case consultation with Personal Injury Attorney Matthew Noyes.

New Recommendations For Low Back Pain or Injuries

New recommendations are made for care of lower back pain. Some surprise me after years of representing people who suffer low back pain from a car accident, motorcycle crash, or workers' compensation claim. Low-back pain is the fifth most common reason for doctor's visits and accounts for more than $26 billion in direct health care costs nationwide each year.

According to a recent article in Medical News Today, the American Pain Society (APS) has issued guidelines for low back pain that emphasizes the use of noninvasive treatments over interventional procedures. Based on the data the panel gathered, the APS now recommends:

1. Against the use of provocative discography (injection of fluid into the disc in order to determine if it is the source of back pain) for patients with chronic nonradicular low-back pain.

2. The consideration of intensive interdisciplinary rehabilitation with a cognitive/behavioral emphasis for patients with nonradicular low-back pain who do not respond to usual, non-interdisciplinary therapies.

3. Against facet joint corticosteroid injection, prolotherapy, and intradiscal corticosteroid injections for patients with persistent nonradicular low-back pain, and insufficient evidence to guide use of other interventional therapies.

4. A discussion of risks and benefits of surgery and the use of shared decision making with reference to rehabilitation as a similarly effective option for patients with nonradicular low-back pain, common degenerative spinal changes, and persistent and disabling symptoms.

5. Insufficient evidence to guide recommendations for vertebral disc replacement.

6. A discussion of the risks and benefits of epidural steroid injections and shared decision making, including specific review of evidence of lack of long-term benefit for patients with persistent radiculopathy due to herniated lumbar disc.

7. A discussion of the risks and benefits of surgery and use of shared decision making that references moderate benefits that decrease over time for patients with persistent and disabling radiculopathy due to herniated lumbar disc or persistent and disabling leg pain.

8. Discussion of risks and benefits of spinal cord stimulation and shared decision making, including reference to the high rate of complications following stimulator placement for patients with persistent and disabling radicular pain following surgery for herniated disc and no evidence of a persistently compressed nerve root.

So, if you are experiencing low back pain from a car accident, workers' compensation claim, motorcycle collision, or other personal injury matter, consider these new recommendations and talk to your doctor about them. An informed patient often has better recovery.

If your injury is caused by the negligence of another, you should talk with an attorney who understands Florida's personal injury law. Personal Injury Attorney Matthew Noyes has been in the personal injury field for over 20 years. His Tampa Bay personal injury law firm has been caring for clients after car accidents, motorcycle crashes and other personal injury claims for over 54 years. Click here to schedule a free case consultation with Personal Injury Attorney Matthew Noyes.

Study Shows Some Pain Medication Increases Risk of Heart Attack

The use of Celebrex, Vioxx and Voltraren increased the risk of sudden cardiac arrest, according to a large national Danish study. In contrast, no increased risk was noted in conjunction with the use of ibuprofen (Advil & Motrin) or naproxen (Aleve), according to the same report.

This study should make you look at the medicine you or a loved one are given after a car accident, motorcycle crash, workers' compensation injury or other personal injury matter. It may be putting you at greater risk of serious, life-threatening conditions.

The study involving 12,288 Danes who experienced out-of-hospital sudden cardiac arrest in 2001-2004. Their prior use of all NSAIDs was identified through linkage to nationwide pharmacy drug-dispensing records. It was determined that Forty percent of patients used an NSAID within 30 days prior to their cardiac arrest. The most widely used NSAIDs were ibuprofen (Advil, Motrin), used by 44.5%; diclofenac (Voltaren), used by 23%, the selective cyclooxygenase-2 inhibitors celecoxib (Celebrex) and rofecoxib (Vioxx), used by 13.9% each; and naproxen (Aleve), used by 4.7% of patients within 30 days of their cardiac arrest. The study concluded that the use of diclofenac (Voltaren), celecoxib (Celebrex), or rofecoxib (Vioxx) within 30 days was associated with increased risks of sudden cardiac arrest ranging in dose-dependent fashion from about 1.5-fold to 2.5-fold.

I encourage you to read about the prescriptions you are prescribed after an automobile accident or other injury. Ask questions, discuss your options, be informed.

Also, be informed about your rights if you are injured because of the negligence of another person. An injury from a car accident, motorcycle crash or other personal injury matter can forever change your life. You need an attorney who understands that. Personal Injury Attorney Matthew Noyes has lived it after his own car accident. Because of his experience, he has represented clients after automobile accidents, motorcycle accident, workers' compensation claims and other personal injury matters for years. Click here to schedule a free case consultation with Personal Injury Attorney Matthew Noyes.

Palm Harbor University High Student Injured in Car Accident Near School

Areas around high schools are very common places for car accidents. Sadly, a 17-year-old Palm Harbor University High School student and her friends and family know. The student was critically injured in a car accident Thursday afternoon at Delaware Avenue and Omaha Street.

The student was driving a 1999 four door Saturn westbound on Delaware Avenue when it collided with a two-door 2008 Hyundai that was going north on Omaha. Both vehicles entered the intersection at the same time, a Florida Highway Patrol report says.

The front of the Hyundai, driven by 27-year-old Lisa Makrianes of Palm Harbor, hit the left side of the student's car, which spun and ended up on the southwest shoulder. The student was taken to a hospital by helicopter and Ms. Makrianes was taken to Mease Countryside with minor injuries.

The cause of this car accident has not been disclosed. However, one thing is clear. It was very close to the high school. Automobile accidents occur around high schools for a variety of reasons--too many teenagers in the car, text-messaging or cell phone use advising parents they are leaving school, other motorist not yielding to vehicles pulling out of school's parking lots, speeding, and others. I'm not saying any of these actions caused this particular car accident, but I do urge all drivers--teenager drivers and older drivers--to pay particular attention to driving near schools.

For more information about your rights after a car accident, motorcycle accident, workers' compensation claim or other personal injury matter, click here to contact Personal Injury Attorney Matthew Noyes. Attorney Noyes' Tampa Bay personal injury law firm has been fighting insurance companies since 1955.

CHILD KILLED WHEN TELEVISION FALLS ON HER

I know it is not auto accident related, but this topic is so important that I will veer off the typical topic and remind everyone of the dangers of children being injured or killed by furniture that tips over.

Last week, a 4-year-old Jacksonville girl has been killed when a TV set on top of an entertainment center fell on the girl. Freak accident? Sadly, it isn't.

A recent study says that this type of injury has actually increased 41 percent over the past 18 years - with nearly 15,000 people hurt every year because of falling furniture. According to a comprehensive study conducted at Nationwide Children's Hospital in Columbus, Ohio, between 1990 and 2007, more than 260,000 children received emergency room care because of tip-over related injuries.

There were 300 deaths, and most of the injuries were to children ages 6 and under. "Far and away the most common type of furniture that's related to tip overs is the television," said Dr. Gary Smith, lead researcher. "The traditional set is front heavy so it's prone to tip over and that's why we see so many of them among young children."

What can parents do to prevent this danger in their home? According to a CBS News Report, here are a few things that could avoid a death or serious injury to a child:

1. You should pack your dresser from the bottom up, so it's heavy on the bottom. Don't make it top heavy, and don't put things on top of your dresser like a TV, stuffed animals or remote controls.
2. Buy safety straps, which cost only $5 and can be purchased at the hardware store or a baby store, and are very simple to install.
3. Don't have an entertainment center or dresser that can be used as a ladder. Eliminate open shelves on the bottom that can be used steps.

As a father of a three-year-old, this scares me! I am going home tonight and making sure that my wife and I take the necessary precautions to prevent this type of accident from happening to my little boy! You should do the same thing!