Cohen & Kuvin Legal Blog

CNN Confirms Casey Anthony $1 Million Offer

2012-01-19T10:27:00.000-05:00

http://www.mediaite.com/tv/cnn-confirms-casey-anthony-will-get-1-million-for-interview/

CNN has reported this morning that Casey Anthony, the Florida woman whose lengthy murder trial quickly became a media offering of bread and circuses, would be receiving $1 million for her first interview since being acquitted of murdering her young daughter, promising updates on where and with whom as soon as that information comes in. ABC affiliate WPBF, meanwhile, is reporting that, according to local Florida attorney Spencer Kuvin, his client “Private Elevator Productions” (a group, he says, of “Hollywood producers who wants to remain anonymous”) has offered Anthony $1 million for an exclusive interview.

Kuvin adds that Anthony agreed to the interview back in July, but that “since then, nothing.” He has followed up with a letter to Anthony’s new lawyer, letting him know that the company still stands by its offer. A quick search for the company brought up a couple of available of domain names for sale.

In addition, the owner of a website called “The Dirty” has offered Anthony $350,000 for an interview, prompting Kuvin to send a letter to the site’s lawyer, asking them to “cease and desist.”

Delray Beach attorney in thick of bidding war for Casey Anthony interview

2012-01-19T10:17:00.001-05:00

By Jane Musgrave Palm Beach Post Staff Writer

Updated: 5:08 p.m. Wednesday, Jan. 18, 2012

Posted: 5:02 p.m. Wednesday, Jan. 18, 2012

DELRAY BEACH — A bidding war is under way between rival groups seeking to be the first to interview accused and famously acquitted accused child killer Casey Anthony. And a Delray Beach attorney is in the thick of it.

Attorney Spencer Kuvin this week fired off a letter to attorneys representing a celebrity-based web site, telling them to back off. If anyone is going to get the exclusive rights to interview Anthony it's going to be his client, Private Elevator Productions, Kuvin said in a cease-and-desist letter to a California attorney who represents thedirty.com.

Shortly after Anthony in July was acquitted by a jury in Orlando of killing her 2-year-old daughter, Caylee, his clients offered her $1 million to do an exclusive interview, Kuvin said. Her then attorney, Jose Baez, agreed although the agreement wasn't put in writing, Kuvin said. "They orally agreed and my client thought the deal was done," he said.

thedirty, which is offering $350,000 to Anthony in exchange for an interview, can't muscle in on Private Elevator Productions' deal, he said.

"One of the selling points of the interview is the exclusivity of it," he said. "They're not paying $1 million for her to sit down and talk to anyone and everyone."

He declined to say who is behind Private Elevator Productions other than to say it is "a consortium of well known Hollywood producers." In the summer, when Kuvin threatened to sue Anthony for welshing on the deal, he said one of the principals in Private Elevator Productions was Al Taylor, of Palm Springs, Calif.

Anthony's new attorney, J. Cheney Mason, of Orlando, wasn't immediately available for comment. In August, Baez denied he and Anthony had made any deal for an interview with Private Elevator Productions.

http://www.palmbeachpost.com/news/delray-beach-attorney-in-thick-of-bidding-war-2109621.html

Spencer T. Kuvin
Cohen & Kuvin, LLC
http://www.cohenkuvin.com/
stk@cohenkuvin.com

Cohen Kuvin Breaking News

2011-07-27T09:46:00.002-04:00

We provide these breaking news alerts to ensure consumers are protected and educated in hopes that this information will keep you safe and aware of threats to your families' well-being.

National Highway Transportation Safety Administration's (NHTSA) Office of Defect Investigation (ODI) and Food & Drug Administration (FDA) announce new Recalls & Alerts:

Pelvic Surgical Mesh found defective and ineffective

On July 13, 2011, the Food & Drug Administration (FDA) issued an update to Health Care Providers and the public at large warning of the serious health complications caused by surgical mesh, a medical device implanted in a patients' pelvic area. The mesh is most often used to address Pelvic Organ Prolapse (POP), a condition that occurs when the tissues that hold the pelvic organs in place become weak or stretched, or to treat urinary incontinence.

Concern regarding the surgical mesh emerged in 2008 when the FDA issued a Public Health Notification raising the issue. Almost 4,000 cases have been reported with a host of adverse effects that can significantly decrease a patient's quality of life including infection, severe pain, urinary problems and recurrence of prolapse and/or incontinence. There were also reports of bowel, bladder, and blood vessel perforation that occurred during the actual procedure. The final insult to injury for those suffering complications is that studies have revealed that this procedure may not be an effective form of treatment. Unfortunately for these consumers, this mesh is one of many medical devices entered into the market without patient testing. The proliferation of untested, defective medical devices has a grave impact on patients who don't have the luxury of simply returning it for a refund if and when a recall is issued. The FDA urges patients to be vigilant in their post operation follow up care and report any adverse effects immediately.

For more information on this defective medical device, contact Spencer Kuvin.

Dodge Ram Recall

Chrysler has issued a recall of approximately 242,000 Dodge vehicles due to a defect in the Tie Rod assembly. The following class of vehicles are subject to the recall.

2008-2011 Dodge Ram 2500/3500 4x4, manufactured from 02/14/08 - 03/28/2011
2008-2011 Dodge Ram 3500 Cab Chassis 4x2, manufactured from 02/14/08 - 03/28/2011
2008 Dodge Ram 1500 Mega Cab 4x4, manufactured From 02/14/08 - 08/15/08
2003-2008 Dodge Ram 2500/3500, vehicles may have received the defective part as a replacement during normal service.

The left tie rod ball stud may fracture during low speed tight turn maneuvers resulting in the potential loss of directional stability in the left hand front wheel and increasing the risk of a crash.

The recall schedule has not been confirmed, but once issued dealers will inspect the vehicle and perform the necessary service free of charge. Owners may contact Chrysler directly at 1-800-853-1403 and reference safety recall No. L16. Additional details can also be found by referencing NHTSA CAMPAIGN ID Number: 11V350000.

Toyo Tire Recall

ITR USA has issued a recall of approximately 51,000 Shandong Yongtai Negotiator commercial H/T tires for failure to conform to Federal Motor Vehicle Safety Standard No. 139. Certain size LT265/75R16 and LT235/85R16 tires produced from April 2009 through May 2011 may experience blistering or bubbles on the tire's sidewall. This could result in sudden loss of tire pressure and significantly increase the risk of tire failure and crash. Consumers should check the sidewall of their vehicle tires to confirm if they are riding on defective tires.

The recall is expected to begin on or around July 2011 though manufacturers' have not confirmed the remedy plan. Owners may contact ITR USA directly at 1-818-715-7080. Additional details can also be found by referencing NHTSA CAMPAIGN ID Number: 11T006000.

Kawasaki Motorcycle Recall

Kawasaki has issued a recall of approximately 2,500 motorcycles due to a defect in the electrical wiring system. Certain 2011 Ninja ZX-10R/ZX-10R ABS bikes may contain a wiring malfunction that can cause a short between wires and the frame or within wires. If this occurs while the bike is in operation, it can suddenly stall, significantly increasing the risk of harm to the rider.

The recall schedule has not been confirmed, but once issued dealers will inspect the vehicle and perform the necessary service free of charge. Owners may contact Kawasaki Consumer Services Department directly at 1-866-802-9381. Additional details can also be found by referencing NHTSA CAMPAIGN ID Number: 11V363000.

Ford Truck Recall

Ford has issued a recall of approximately 26,000 vehicles for failure to conform to Federal Motor Vehicle Safety Standard No. 108. The following class of vehicles are subject to the recall:

Ranger trucks built from 01/25/11 - 04/25/11
Service parts distributed to dealers for certain 2002-2005 Excursion vehicles
Service parts distributed to dealers for certain 2002-2007 F-250, F-350, F-450 and F-550 trucks
Service parts distributed to dealers for certain 2004- 2011 Ranger trucks

A multi-function switch with a deformed slider may malfunction causing the turn signal, tail lights, hazard warning signal flashers and/or brake lights not to activate. The loss of these indication lightsdeprives drivers of critical alerts, increasing the risk of crash.

The recall is expected to begin on or around August 15 2011 and dealers will inspect the vehicles and perform the necessary service free of charge. Owners may contact Ford directly at 1-866-436-7332 and reference safety recall No. 11C18. Additional details can also be found by referencing NHTSA CAMPAIGN ID Number: 11V352000.

Owners are encouraged to contact the National Highway Traffic Safety Administration's Vehicle Safety Hotline at 1-888-327-4236 (TTY 1-800-424-9153) or go to www.safercar.gov, with any questions or concerns surrounding these or any other recalls or safety campaigns.

Cohen Kuvin Newsletter - July 2011

2011-07-18T10:41:00.003-04:00

Wal-Mart v. Dukes....Mega Businesses Too Big to Sue? On June 20, 2011, the United States Supreme Court issued the eagerly awaited opinion in Wal-Mart v. Dukes, the largest employment class action in U.S. history. Three plaintiffs brought a class action on behalf of 1.5 million female Wal-Mart employees seeking injunctive and declaratory relief, punitive damages, and back pay for the company's alleged discrimination of women in violation of Title VII of the Civil Rights Act of 1964. The named plaintiffs claimed Wal-Mart discriminated against women by denying its female employees pay or promotions equal to its male employees. According to the Court, "The basic theory of [the plaintiffs'] case is that a strong and uniform 'corporate culture' permits bias against women to infect, perhaps subconsciously, the discretionary decision-making of each one of Wal-Mart's thousands of managers-thereby making every woman at the company the victim of one common discriminatory practice." Reversing the Ninth Circuit Court of Appeals, the Court held this theory failed to satisfy the commonality prong of the class certification test because it failed to show the class members suffered the same injury, rather than just suffering a violation of the same law.

Based in part on the following language from the opinion, commentators have surmised that the Court's opinion might be an indication that some companies are just too large to sue:

Respondents have not identified a common mode of exercising discretion that pervades the entire company . . . . In a company of Wal-Mart's size and geographical scope, it is quite unbelievable that all managers would exercise their discretion in a common way without some common direction.

Only time will tell how the Wal-Mart v. Dukes decision affects class action litigation on a larger scale, beyond the scope of employee actions.

Consumer News13 Drowning or Near Drowning Incidents in Florida in 2 months July marks the peak of the summer season, a cross-roads at which the endless days of summer are shadowed by the back to school countdown. In the height of the summer fun, Cohen & Kuvin, LLC wants to take a moment to remind families about pool safety. A recent U.S. Consumer Product Safety Commission (CPSC) report revealed that 123 drowning or near drowning incidents have been reported since Memorial Day. 13 of these incidents occurred in Florida, a staggering number for a brief two month reporting period.

The CPSC recently launched a national "Pool Safely" Campaign outlining simple life-saving drowning prevention tips. Kathleen Reilly, Pool Safely Campaign Leader best expressed the importance of heeding this message when she stated, "We want to encourage everyone to remember that simple steps save lives. You never know which safety step will save a life...until it does."

An additional concern in Florida are all the foreclosed or abandoned properties that may have unattended dirty pools. If there are abandoned properties in areas where children play, be vigilant to keep them away from those neglected pools which serve as hidden dangers to wandering children. Cohen & Kuvin, LLC encourages everyone to enjoy the water and keep life in the summer fun.

On July 14, 2011, Spencer Kuvin was recognized by the Anti-Defamation League for his service as co-chair of the Glass Leadership Institute.

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Breaking News Alert - Motorcycle Recalls

2011-07-12T15:50:00.001-04:00

We provide these breaking news alerts to ensure consumers are protected and educated in hopes that this information will keep you safe and aware of threats to your families' well-being.

National Highway Transportation Safety Administration's (NHTSA) Office of Defect Investigation (ODI) announces new Recalls & Alerts:

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Indian Motorcycles issues Two Recalls

Polaris has issued 2 recalls affecting approximately 700 Indian Motorcycles, model year 2009-2011. The first recall is issued for failing to conform with Federal Motor Vehicle Safety Standard No. 123 regarding "motorcycle controls and displays." The recall concerns the side stand which may not fold rearward and upward as required, affecting driver control and increasing the risk of crash.

The recall is expected to begin on or around August 2011 and dealers will inspect the motorcycle and perform the necessary service free of charge. Owners may contact Indian directly at 651-408-7579. Additional details can also be found by referencing NHTSA CAMPAIGN ID Number: 11V344000.

The second recall affects the Body Control Module which can malfunction if the headlight switch is slowly moved from one position to another (high beam to low beam). During the transition, both beams may be on simultaneously causing the module to interpret a system overload that automatically turns off the headlight. In the event this occurs, driver visibility is impaired, increasing the risk of crash.

Yamaha Brake Defect

Yamaha has issued a recall of approximately 260 FJR1300 motorcycles due to a break light switch defect. Certain 2011 bikes manufactured between January 2011 and April 2011 may contain a malfunction that prevents the brake light from illuminating when the front brake is applied. In the event this occurs, other drivers will not receive the proper alert indicating that a rider is slowing down, increasing the risk of crash and injury.

The recall is expected to begin on or around July 2011 and dealers will inspect the motorcycle and perform the necessary service free of charge. Owners may contact Yamaha directly at 1-800-962-7926. Additional details can also be found by referencing NHTSA CAMPAIGN ID Number: 11V340000.

Ducati Equipment Defect

Ducati has issued a recall of approximately 964 Diavel Motorcycles due to an equipment defect. Certain 2011 bikes manufactured from September 23, 2010 through May 12, 2011 may contain a malfunction that can cause the rear license plate holder to loosen during operation. If this occurs, the plate could interfere with the motorcycles rear wheel rotation, increasing the risk of crash.

The recall is expected to begin on or around July 2011 and dealers will inspect the motorcycle and perform the necessary service free of charge. Owners may contact Ducati directly at 1-800-231-6696. Additional details can also be found by referencing NHTSA CAMPAIGN ID Number: 11V336000.

Cohen~Kuvin Partner Named to 2011 Florida Trend Legal Elite

2011-07-12T15:42:00.004-04:00

Cohen~Kuvin, LLC is proud to recognize that Spencer T. Kuvin has been named to the 2011 Florida Trends Legal Elite.

This eighth annual edition of Florida Legal Elite recognizes a prestigious list of esteemed attorneys chosen by their colleagues. The 1,352 lawyers listed exemplify a standard of excellence in their profession and, by virtue of their listing, have received the endorsement from their peers in voting for the 2011 Florida Legal Elite.

Cohen~Kuvin, LLC is a boutique litigation firm with a proven record of fighting injustice and our attorneys have over 100 years of combined litigation experience. Our knowledge and foresight have led to landmark achievements in cases across the country. Cohen & Kuvin’s record of success has earned the firm a national reputation for its innovative litigation strategy and successful trial work. The attorneys at Cohen & Kuvin each bring a level of expertise that enables the firm to excel in a multitude of practice areas, including products liability, managed care/HMO abuse, consumer class actions, catastrophic personal injury, and business and construction litigation.

Cohen Kuvin News

2011-06-22T09:29:00.002-04:00

Consumer News

New Sunscreen Labels Promote Sun Safety

The U.S. Food and Drug Administration recently announced several long-awaited changes to sunscreen labels designed to better educate consumers on appropriate sun protection. According to Consumer Reports, the major changes are as follows: Broad spectrum - Products that protect against both UVB rays (the kind that cause sunburn) and UVA rays (the kind that cause wrinkles and premature aging of the skin) will be labeled "broad spectrum." Cancer and wrinkles claims - Sunscreens that are "broad spectrum" and have a SPF 15 or higher will be able to say on their label that they reduce the risk of skin cancer and early skin aging, when used as directed. Products with SPF values between 2 and 14 can be labeled "broad spectrum," but can't say they reduce the risk of cancer and wrinkles; Water-resistance times - Labels will have to say how long you can expect the declared SPF to last while swimming or sweating, either 40 minutes or 80 minutes. And they can't say that the products are "waterproof" or "sweatproof." Consumers can expect to start seeing these label changes next summer.

With the hot summer months ahead, Cohen & Kuvin, LLC. reminds all consumers that they should regularly apply sunscreens with Broad Spectrum and SPF of 15 or higher as most skin cancers are linked to too much time in the sun.

Table Side Child Booster Seats Recalled for Fall Hazard

The U.S. Consumer Product Safety Commission (CPSC) recently issued a recall of approximately 375,000 Circo Child Booster Seats imported and distributed by Target. The recall was issued due to a fall hazard caused a faulty restraint buckle which can open unexpectedly. There have been several reports of children falling forward out of booster the seat.

The recall involves all Circo Booster Seats, including those sold as early as 2005. The plastic booster seats are blue with green trim and a white plastic restraint buckle. They attach to an adult chair to boost a child to a table. "Circo" and "Booster Seat" can be found on a green label located in the front of the booster seat.

Consumers should immediately stop using the recalled booster seats and return them to any Target store for a full refund. For additional information, contact Target at (800) 440-0680 or visit the firm's website at http://www.target.com/

Legal News

Questionable Future for Consumer Class Actions

On April 27, the United States Supreme Court provided big business with a shield from accountability for corporate misconduct in the form of arbitration clauses containing language barring class actions. Businesses typically include arbitration clauses in their contracts with consumers, such as cell phone service contracts. These arbitration clauses often contain provisions that bar consumers from going to arbitration as a class. Until the Supreme Court's ruling in AT&T Mobility v. Concepcion, state courts could refuse to enforce these class waiver provisions on unconscionability grounds after recognizing that class actions are the only means of redress when companies cheat large numbers of consumers out of individually small sums of money. The Supreme Court decided, however, that the Federal Arbitration Act, which espouses a national policy in favor of arbitration, preempts state laws that would otherwise invalidate these arbitration provisions. The Concepcion opinion has been interpreted as providing big business with immunity for corporate misconduct, as long as the misconduct is preceded by the signing of a contract containing an arbitration provision with a class ban.

A class of consumers sued that were charged usurious amounts of interest on "payday loans." The loan agreements contain arbitration provisions that bar class actions. After several years litigating the enforceability of this class ban under Florida law, the trial court to struke the ban for violating Florida's public policy. This decision was upheld by the Fourth District Court of Appeal in McKenzie Check Advance of Florida v. Betts, which held that the evidence in the case demonstrated that consumers would not be able to vindicate the rights provided to them by Florida's consumer protection statutes if they were unable to proceed on a class basis. The Florida Supreme Court has accepted review of the Fourth District's decision. The Concepcion opinion will undoubtedly play a central role in the upcoming proceedings before Florida's highest court.

Spencer Kuvin, a shareholder with Cohen & Kuvin, was a featured speaker during the Florida Justice Association Annual Convention on June 15, 2011. Mr. Kuvin gave a lecture on Motions in Limine during the Evidence Program.

Breaking News Alert

2011-06-15T13:23:00.002-04:00

We provide these breaking news alerts to ensure consumers are protected and educated in hopes that this information will keep you safe and aware of threats to your families' well-being.

National Highway Transportation Safety Administration's (NHTSA) Office of Defect Investigation (ODI) and Consumer Product Safety Commission (CPSC) announce new Recalls & Alerts:

Cadillac Side Roof Rail Airbag Defect

General Motors has issued a recall of approximately 47,000 Cadillac vehicles due to non-compliance with Federal Motor Vehicle Safety Standard No. 208 regarding "Occupant Crash Protection." Certain 2011 SRX vehicles may contain a defect that causes the right side roof-rail airbag to turn off if a sensor determines that the front passenger seat is unoccupied. In the event of an accident, the right rear occupant may not be protected, increasing the risk of severe injuries.

The recall is expected to begin on June 17, 2011 and dealers will inspect the vehicle and perform the necessary service free of charge. Owners may contact Cadillac directly at 1-866-982-2339 and reference GM'S recall number 11162. Additional details can also be found by referencing NHTSA CAMPAIGN ID Number: 11V308000.

Honda VT 750 Motorcycle Defect

Honda has issued a recall of approximately 3,000 motorcycles produced from June 25, 2009 - March 28, 2011 due to a defect in the electrical system. The bank angle sensor in certain 2010 and 2011 VT750 bikes may be incorrectly manufactured creating the possibility of an erroneous reading which can cause the engine to stall and increase the risk of crash.

The recall is expected to begin on or around June 20, 2011 and dealers will inspect the vehicle and perform the necessary service free of charge. Owners may contact Honda directly at 1-866-784-1870 and reference Honda's safety recall number R80. Additional details can also be found by referencing NHTSA CAMPAIGN ID Number: 11V310000.

Owners are encouraged to contact the National Highway Traffic Safety Administration's Vehicle Safety Hotline at 1-888-327-4236 (TTY 1-800-424-9153) or go to www.safercar.gov, with any questions or concerns surrounding these or any other recalls or safety campaigns.
American Girl Jewelry Kit Recalled for Excess Lead Levels
The U.S. Consumer Product Safety Commission (CPSC) has issued a recall of approximately 75,000 American Girl Crafts Pearly Beads & Ribbon Bracelets kit. The surface coating on some of the beads contains excessive levels of lead, which is prohibited under federal law.

The recalled kit is identified by SKU number 30-585331, located on the back of the package in the lower right corner. The jewelry kit contains 56 pieces including pink, blue, orange and white beads, and various colored ribbons. Some pink beads have darker pink butterflies imprinted on them. The kits were sold at Michaels Stores and other retailers nationwide from September 2009 through June 2011 for about $8.

Consumers should immediately take the recalled kits and any finished bracelets made from the kits away from children and contact the company for a full refund. For additional information, contact EKSuccess Brands toll-free at (855) 535-2099 or visit the firm's website at www.eksuccessbrands.com

Toy Helicopters Recalled for Laceration Hazard

The U.S. Consumer Product Safety Commission (CPSC) has issued a recall of approximately 24,000 toy Military Copters, manufactured in China. The plastic blades of the helicopter can detach during operation, posing a laceration hazard.

The recalled toy Military Copters are have model #9009935 and UPC number 680108044474 printed on the back of the package near the bar code. These toys were sold exclusively at Rite Aid Corporation stores nationwide from January 2011 through May 2011 for about $7.

Consumers should immediately take the recalled helicopters away from children and return the product to any Rite Aid store for a full refund. For additional information, contact Excite USA toll free at (866) 791-4754 or visit the firm's website at www.Excite-Limited.com

To report a dangerous product or a product-related injury, call CPSC's Hotline at (800) 638-2772 or CPSC's teletypewriter at (800) 638-8270. Consumers are encouraged to obtain more details on recalls and general safety information by logging on to CPSC's Web site at www.cpsc.gov.

- Spencer Kuvin
Cohen & Kuvin, LLC
http://www.cohenkuvin.com/

Spencer Kuvin Featured Speaker at FJA Annual Convention

2011-06-15T13:20:00.002-04:00

Delray Beach - Spencer Kuvin, a shareholder with Cohen & Kuvin, P.A. was a featured speaker during the Florida Justice Annual Convention on June 15, 2011. Mr. Kuvin gave a lecture on Motions in Limine during the Evidence Program. The FJA Convention was hosted at The Breakers in Palm Beach.

Mr. Kuvin practices in the area of catastrophic injury and wrongful death with a special concentration in claims involving complex medical issues. Among his accomplishments are landmark settlements against the Florida Department of Children and Families that changed State law for vulnerable adults, Tampa Electric Company, as well as substantial verdicts against GEICO Insurance, Safeco Insurance and Nationwide Insurance. He was most recently distinguished in the 2011 South Florida Legal Guide as a Top Up & Comer.

Mr. Kuvin is currently President of the Palm Beach County Justice Association.
He has achieved an AV rating from Martindale-Hubbell and lectures statewide.

- Spencer Kuvin
Cohen & Kuvin, LLC
http://www.cohenkuvin.com/

Cohen & Kuvin Defends Patients Rights On Pro Bono Basis

2011-06-09T16:13:00.002-04:00

The wife and children of Karim Kahn have been given an ultimatum. They can either send their ailing father to a nursing facility in New York that will isolate him from his family completely OR take him home where he will not have long term care. His Medicare has run out, and Select Specialty Hospital in Palm Beach County has filed a lawsuit to have him removed from their facility.
Spencer T. Kuvin is representing Mr. Karim Kahn on a pro bono basis because of the firms' vast exposure to the blatant denial of care that has been unleashed on consumers. Spencer Kuvin, a partner at Cohen & Kuvin, LLC has filed a motion to dismiss on behalf of Mr. Kahn and his family in response to the complaint filed by Select Specialty Hospital. He said, "Our client has fallen between the cracks of a broken system, where his care is not profitable to Select Specialty or the local nursing homes. We now live in a world where the needs of a patient are measured by profits rather than the requirements for care, and unfortunately, Mr. Khan has basically been deemed unsuitable for this corporation's bottom line."
In early 2010, Karim Kahn was at an appointment with his podiatrist when his blood pressure crashed and he was rushed to Palms West Hospital. Once at the hospital, he was stabilized, but he had to be placed on a ventilator and has remained in a vegetative state. On April 14, 2010 he was moved to Select Specialty Hospital, a facility designed to meet the needs of patients who no longer require ICU, but whose medical conditions are too complex for transfer to a skilled nursing facility. Mr. Kahn's condition requires a feeding tube, a vent and dialysis. Select Specialty was receiving payment for Mr. Kahn through Medicare for the first 150 days of his admission. However, after that period expired, his Medicare coverage lapsed and Medicaid kicked in which does not provide reimbursements for facilities such as Select. Medicaid does provide some reimbursements for nursing home facilities; however, Select claimed that the only facility willing to accept Mr. Khan was in New York.
Spencer Kuvin stated, "On a state and national basis, we are seeing a disgraceful pattern of denying care and displacing the needs of the weak and vulnerable by putting profits over patients. The Florida Legislature just passed legislation to specifically achieve that goal and Congress is considering more of the same. Mr. Kahn is a prime example of a hard working taxpayer, whose dire need for care is being caught in the cross-fires of bureaucracy and profitability. We intend to fight this injustice and ensure Mr. Kahn get the care he deserves."

- Spencer Kuvin
Cohen & Kuvin, LLC
http://www.cohenkuvin.com/

Breaking News Alert

2011-06-07T12:55:00.001-04:00

We provide these breaking news alerts to ensure consumers are protected and educated in hopes that this information will keep you safe and aware of threats to your families' well-being.

National Highway Transportation Safety Administration's (NHTSA) Office of Defect Investigation (ODI) and Consumer Product Safety Commission (CPSC) announce new Recalls & Alerts:

Toyota Steers into another Recall

Toyota has issued a recall of approximately 52,000 vehicles manufactured from January 28, 2000 through May 30, 2003 due to a steering linkage defect. Certain 2001-2003 Prius cars may contain a defect that causes the steering linkage to loosen which can affect the power steering control while the vehicle is in operation, and increase the risk of a crash.

The recall is expected to begin in July 2011 and dealers will inspect the vehicle and perform the necessary service free of charge. Owners may contact Toyota directly at 1-800-331-4331. Additional details can also be found by referencing NHTSA CAMPAIGN ID Number: 11V304000.

Volvo Fuel Pump Recall

Volvo has issued a recall of approximately 7,500 vehicles manufactured from November 18, 2010 - May 5, 2011 due to a fuel pump defect. The software for the fuel pump units in certain 2012 S60 cars may not be compatible with all fuel pumps and components, resulting in insufficient fuel transfer leading to possible engine hesitation or stalling.

The recall is expected to begin on or about June 17, 2011 and dealers will inspect the vehicle and perform the necessary service free of charge. Owners may contact Volvo directly at 1-201-768-7300. Additional details can also be found by referencing NHTSA CAMPAIGN ID Number: 11V303000.

KTM Motorcycle Handling Recall

KTM has issued a recall of approximately 1,200 motorcycles manufactured from November 2009 - November 23, 2010 due to a steering wheel and handle bar defect. The handlebars in certain 2010 and 2011 motorcycles may have received improper heat treatment, which can cause the clamps to crack, creating unexpected handlebar movement. If this occurs, a rider can lose control of the bike increasing the risk of injury.

The recall is expected to begin in June 2011 and dealers will inspect the vehicle and perform the necessary service free of charge. Owners may contact KTM directly at 1-888-985-6090. Additional details can also be found by referencing NHTSA CAMPAIGN ID Number: 11V300000.

Zero Motorcycle Brake Recall

Zero Motorcycles has issued a recalled of approximately 160 bikes due to a defect affecting the front brake caliper bracket. Affected models are: 2009 Zero S Motorcycles built From September 2, 2009 through December 22, 2009; 2009 Zero Ds Motorcycles built from July 27, 2009 through December 28, 2009; 2010 Zero S Motorcycles built from February 1, 2010 through March 31, 2011; and 2010 Zero Ds Motorcycles built from January 20, 2010 through March 31, 2011.

The front brake caliper bracket of certain bikes may experience permanent deformation when subjected to high braking loads. This condition could induce misalignment of the front brake pads with respect to the front brake rotor. Misalignment of the brake pads in relation to the rotor may cause reduced front braking performance, which could lead to a possible crash and potential injury or death of the rider.

The recall is expected to begin on or before May 2011 and dealers will inspect the vehicle and perform the necessary service free of charge. Owners may contact Zero Motorcycles directly at 1-888-786-9376 ext. 45. Additional details can also be found by referencing NHTSA CAMPAIGN ID Number: 11V282000.

Bicycle Helmets Recall for Head Injury Hazard

The U.S. Consumer Product Safety Commission (CPSC) has issued a recall of approximately 31,000 Full-face bicycle helmets imported by Bell Sports, of Scotts Valley, Calif. The plastic buckle that connects the chin straps can fail, causing the helmet to come off the wearer's head posing a head injury in the event of a fall.

This recall involves Bell Exodus full-face helmets which were sold at Walmart stores nationwide and on Amazon.com between August 2009 and March 2011 for $50-$60. Click here for model and description details.

Consumers should stop using the helmets immediately and contact Bell Sports for a replacement or refund. For additional information call Bell Sports toll-free at (866) 892-6059 or visit the firm's website at http://r20.rs6.net/tn.jsp?llr=nuagrkfab&et=1105867065768&s=0&e=001tk_im74QKG_eFuriVSjytagOOW9AtFJ99ZNotFy1JzWzWY20TEDi11AgFORruh3Xt9GLy4Zx-lgKV51UgNMUEicJrGWne5mhjIcKVv6KfDU=.

Gripper ShakerRecall for Laceration and Choking Hazard

The U.S. Consumer Product Safety Commission (CPSC) has issued a recall of approximately 9,400 Gripper Shaker musical instruments imported by Woodstock Percussion Inc. due to a laceration hazard. The handle can detach from the shaker, exposing a rough edge exposing small steel pellets and a plastic plug which can also pose a choking hazard.

The shakers are plastic musical instruments with rounded, egg-shaped tops containing steel pellets and open circular handles. They were sold through mail-order catalogs, websites and retail stores nationwide between August 2010 and March 2011 for about $5. Click here for model and description details.

Consumers should stop using the product immediately and contact Woodstock Percussion Inc. to receive a $7 refund. Consumer Contact: For additional information, contact Woodstock Percussion, Inc. toll free at (866) 543-2848 anytime, or visit the website at http://r20.rs6.net/tn.jsp?llr=nuagrkfab&et=1105867065768&s=0&e=001tk_im74QKG_eFuriVSjytagOOW9AtFJ99ZNotFy1JzWzWY20TEDi11AgFORruh3Xt9GLy4Zx-lhFyzT1SWjPR9d_f5aAFkBXLS1N4pxvQ4lTRp3l6ZmMDw==

To report a dangerous product or a product-related injury, call CPSC's Hotline at (800) 638-2772 or CPSC's teletypewriter at (800) 638-8270. Consumers are encouraged to obtain more details on recalls and general safety information by logging on to CPSC's Web site at http://r20.rs6.net/tn.jsp?llr=nuagrkfab&et=1105867065768&s=0&e=001tk_im74QKG_eFuriVSjytagOOW9AtFJ99ZNotFy1JzWzWY20TEDi11AgFORruh3Xt9GLy4Zx-ljkw_Qe3_T3a35zHTpAIm-z.

Legislative changes to Crashworthiness Cases in Florida

2011-05-20T10:32:00.001-04:00

On Wednesday, May 4, 2011, the Florida Legislature passed SB 142, a bill that significantly impacts all current and future products liability cases against auto manufacturers in Florida. Over the past three years, Cohen & Kuvin, LLC has serves on the front lines with a coalition of products liability experts, focused on countering the efforts of major car manufacturers' to reverse the states high court ruling in D'Amario v. Ford. Despite our best efforts, the auto lobby prevailed and successfully passed legislation designed to reduce their accountability and increase the burden on motorists who are victimized by defective products.
We have summarized the bill below to help our peers understand the legislation and the retro-active impact it can have on your current case load.

How does Senate Bill 142 change existing precedents in the law?

Senate Bill 142 reverses the Florida Supreme Court ruling in D'Amario v. Ford and undermines the crashworthiness doctrine. As you know the crashworthiness doctrine holds that the manufacturer of the vehicle is liable for the enhanced injuries sustained from the second collision. SB 142 protects the automobile manufacturers by allowing them to escape full liability for a defective product by placing blame on the tortfeasor who caused the initial accident instead.

How does SB 142 affect cases that I have currently filed?

It is unknown whether or not the retroactive clause of this law will ultimately be held unconstitutional, but certainly all objections to its application to cases currently in suit should be made and reserved. In many cases, the original tortfeasor's underlying policy has already been tendered and accepted based upon sound legal reasoning and advice by the attorney representing the injured party. To now have the tortfeasor listed on the verdict form as a fabre defendant would be fundamentally unfair to the injured party. That said, we anticipate many trial judges will rule the new law applicable to any case filed, and the actions and conduct of the tortfeasor leading up to the accident will most likely be allowed before the jury.

How does SB 142 affect future products cases?

Going forward, the conduct of the tortfeasor which causes the accident will need to be discovered and thoroughly weighted much more carefully than in the past. Rather than being able to accept his/her policy limits for any damage caused by the original action the tortfeasor must be viewed as a potential defendant in the crashworthy case. It will be vital that settlements for underlying auto policy limits be fully evaluated and not be rushed.

What can I do to protect my clients' rights if they have a product liability case?

Car manufacturers have just earned a golden opportunity to deflect responsibility to the original tortfeasor, and shirk their own obligations to build safe vehicles. SB 142 will reduce their incentive to be innovative and vigilant when it comes to vehicle safety, because they will now be able to shift blame and manipulate juries.

The climate in Florida has changed dramatically, and the consumers of this state are defenseless against the politicians and corporate lobbyists that seek profits over sound public policy. As advocates, we have a duty to understand the nuances of these decisions, and take the appropriate measures required to provide our clients with the best representation. The auto industry touted personal responsibility of motorists as justification for SB 142, all the while, shedding their own accountability.

As attorneys specializing in automotive safety and consumer justice advocates, it is our personal responsibility to ensure the rights of clients are protected. We hope this information is helpful to you and your clients, and encourage you to contact our firm with any questions about the passage of SB 142.

Cohen & Kuvin, LLC
Consumer Justice Attorneys
955 NW 17th Ave, Bldg. D.
Delray Beach, FL 33445
stk@cohenkuvin.com
http://www.cohenkuvin.com/

BREAKING NEWS ALERT

2011-05-11T15:37:00.001-04:00

General Motors Issues Multiple Chevrolet Recalls

GM CHEVY RECALL 1: BRAKES

General Motors has issued a recall of approximately 7,500 Chevrolet Express and GMC Savana vehicles for failure to comply with Federal Motor Vehicle Standard no. 135 regarding passenger car brake systems. Certain 2011 vehicles may contain a defect causing the right rear brake hose to make contact with the tire or wheel rim which can lead to unnecessary wear or a hole in the brake hose. A damaged brake hose may reduce the effectiveness of the rear brakes, increasing the risk of crash.
The recall is expected to begin on or before May 13, 2011 and dealers will inspect the vehicle and perform the necessary service free of charge. Owners may contact Chevrolet directly at 1-800-630-2438 and reference GM's safety recall No. 11126. Additional details can also be found by referencing NHTSA CAMPAIGN ID Number: 11V275000.
GM CHEVY RECALL 2: TRANSMISSION

General Motors has issued a recall of approximately 100,000 Chevrolet Cruze vehicles for failure to comply with Federal Motor Vehicle Standards no. 102 and 114 regarding Transmission shift lever sequence, starter interlock, transmission braking effect and theft protection. Certain automatic transmission vehicles manufactured between October 6, 2009 and April 27, 2011 may have a transmission shift linkage that is improperly installed. This defect may prevent the transmission gear from properly shifting into a parked position, increasing the risk of the car rolling away and causing harm after the driver has exited the vehicle.
The recall schedule has not been announced, but once determined; dealers will inspect the vehicle and perform the necessary service free of charge. Owners may contact Chevrolet directly at 1-800-630-2438 and reference GM's safety recall No. 11142. Additional details can also be found by referencing NHTSA CAMPAIGN ID Number: 11V273000.
GM CHEVY RECALL 3: STEERING

General Motors has issued a recall of approximately 128,000 Chevrolet Cruze vehicles manufactured between October 2, 2009 and April 21, 2011. Certain 2011 vehicles may contain a defect due to incorrect installation of a bolt attaching the intermediate steering shaft to the steering gear input shaft. If the shafts separate, the driver may lose steering control, increasing the risk of crash.

The recall schedule has not been announced, but once determined; dealers will inspect the vehicle and perform the necessary service free of charge. Owners may contact Chevrolet directly at 1-800-630-2438 and reference GM's safety recall No. 11149. Additional details can also be found by referencing NHTSA CAMPAIGN ID Number: 11V270000.

Audi Fuel Tank Leak May Pose Fire Hazard

Volkswagen has issued a recall of certain 2001-2004 Audi A6, 2002-2003 S6 and 2003 RS6 vehicles manufactured between June 19, 2001 and June 8, 2004. Approximately 5,900 are included in this recall due to a defect caused by aging plastic material in the fuel tank rollover value with can lead to cracking and a possible fuel leak. A fuel leak in the presence of an ignition source could lead to a vehicle fire.
The recall is expected to begin during June 2011 and dealers will inspect the vehicle and perform the necessary service free of charge. Owners may contact Audi directly at 1-800-822-2834 and reference VW's safety recall No. 20L8/JY. Additional details can also be found by referencing NHTSA CAMPAIGN ID Number: 11V267000.
Hyundai Misalignment Defect

Hyundai has issued a recall of approximately 6,000 Santa Fe 2 WD vehicles manufactured between October 15, 2009 and March 5, 2010. Certain 2010 vehicles may contain a misalignment defect in the intermediate shaft that can lead to excessive wear and damage to the automatic transmission.
The recall is expected to begin during June 2011 and dealers will inspect the vehicle and perform the necessary service free of charge. Owners may contact Hyundai directly at 1-800-633-5151 and reference safety recall No. 102. Additional details can also be found by referencing NHTSA CAMPAIGN ID Number: 11V261000.
Honda Driver's Airbag Recall Series Continues....

Honda has issued a recall of certain 2001-2002 Accord, 2001-2002 Civic, 2002-2003 CR-V, 2002 Odyssey, 2003 Acura CL and 2002-2003 Acura TL vehicles. This Honda alert is part of an ongoing series of recalls affecting the inflators within the driver's side airbag. Approximately 2,400 vehicles are included in this recall class. The inflator in these vehicles may produce excessive internal pressure during a crash, causing metal fragments to rupture and increasing the risk of enhanced injuries.
The recall is expected to begin on or around June 27, 2011and dealers will inspect the vehicle and perform the necessary service free of charge. Owners may contact Honda directly at 1-800-999-1009 and reference safety recalls 08V-593, 09V-259, and 10V-041. Additional details can also be found by referencing NHTSA CAMPAIGN ID Number: 11V260000.

Owners are encouraged to contact the National Highway Traffic Safety Administration's Vehicle Safety Hotline at 1-888-327-4236 (TTY 1-800-424-9153) or go to www.safercar.gov, with any questions or concerns surrounding these or any other recalls or safety campaigns.

Child's Clip-on Chairs Consumer Alert

The U.S. Consumer Product Safety Commission (CPSC) has issued a warning to consumers to immediately stop using phil&teds USA "metoo" Clip-on Chairs due to multiple safety hazards. The infant/toddler chairs (designed to clamp onto tables) pose serious fall and amputation hazards to children placed in them. Children can suffer impact and head injuries when the chair detaches from the table and falls with them in it. CPSC staff is aware of numerous incidents involving the metoo chairs.

The metoo chairs may have been distributed since May 2006 for about $50 through philandteds.com, Amazon.com, Buy Buy Baby, Target, Toys R Us, other online retailers and a variety of independent juvenile specialty stores. Click here to see a picture of product.

Phil&teds has refused to agree to a national recall of their hazardous product that is acceptable to CPSC. The company has offered a repair kit consisting of rubber boots to place on the upper clamp grips of the chairs. Consumers should be aware that CPSC has not approved a repair kit for this product, despite the firm's prior statement that it was conducting a recall "in cooperation with the U.S. Consumer Product Safety Commission."
Safety doesn't Stack Up For Bunk Bed Recall

The U.S. Consumer Product Safety Commission (CPSC) has issued a recall of approximately 445,000 wooden bunk beds manufactured by Dorel Asia due to a fall hazard. The wooden side rails that run from the headboard to the footboard and hold the bunk bed's mattress in place can split and cause the bunk bed to collapse, posing a fall hazard to consumers.

The bunk beds were sold at Walmart, Kmart and Target stores and online at www.walmart.com, www.kmart.com and www.target.com from September 2004 through September 2009 for about $190. The model number, date of manufacture, "Made in Vietnam" and the firm's phone number are printed on a white label located on one of the bunk bed rails. Some of the labels include the name "Dorel Asia SRL." Click here for a complete listing of all affected model numbers.

Consumers should immediately contact Dorel Asia at (800) 295-1980 or www.dorelasia.com to receive a free repair kit. Until consumers obtain and install the repair kit, consumers should take down the bunk beds and only use them as separate twin beds.

To report a dangerous product or a product-related injury, call CPSC's Hotline at (800) 638-2772 or CPSC's teletypewriter at (800) 638-8270. Consumers are encouraged to obtain more details on recalls and general safety information by logging on to CPSC's Web site at www.cpsc.gov.

Cohen & Kuvin LLC
Consumer Justice Attorneys
955 N.W. 17th Ave, Bldg. D
Delray Beach, FL 33445
http://www.cohenkuvin.com/
stk@cohenkuvin.com

Vindictive Florida Speaker of the House

2011-05-06T09:18:00.000-04:00

If there was ever any question that the Florida Legislature were acting like spoiled children this is it. The problem is that these spoiled children have immense power and could care less about the damage they are causing to the Florida citizens, our laws and the separation of powers.

Dean Cannon needs to go!

Written by

Paul Flemming

Special to news-press.com
9:35 PM, May. 5, 2011

How much is life-and-death information worth? We have an answer: $370,000.

That, apparently, is too much.

The Florida Commission on Capital Cases was eliminated Thursday in an unexpected, undiscussed, unfathomable conference of legislators.

The House put into a budget conforming bill - late in the session, without any previous hearings, at an Appropriations Committee meeting - repeal of the state law that created the commission.

Among its duties, the commission maintains detailed case-status information on people condemned to die. Web pages providing that information have had 800,000 visitors. Now it won't exist.

It provides unique Continuing Legal Education courses for capital-defense attorneys.

The commission provides the governor's office with information on death row inmates who have exhausted their appeals and are eligible for death warrants.

The elimination of a single $370,000 appropriation is miniscule in a $70 billion budget that will get rid of more than 4,500 state positions and cut plenty of important spending.

So, the death of the commission and its five staffers is a common enough story.

But it gets nuttier.

Speaker Dean Cannon isn't going to get the full measure of his top priority for this legislative session, the dismantling of the Florida Supreme Court and building it back up in his own imagination.

He wanted to increase the number of justices to 10 and split the court in two, one division for criminal cases, another for civil litigation.

The speaker's idea would have swept clean the judge and justice selection process while centralizing the power for choosing jurists with the governor.

The House passed its speaker's grand plan. The Senate balked.

The expand-and-split scheme is gone. Judicial Nominating Commissions will be swept clean, replaced by members of Gov. Rick Scott's choosing. The Senate will confirm nominations.

Cannon's proposal seemed built on either redressing a past political grudge (the Supremes throwing off the 2010 ballot three legislatively sponsored amendments) or putting in the fix on a prospective political agenda (court review of next year's redistricting plans). Cannon denied both, but his alternative justifications are either demonstrably false or suspect to the point of silliness.

Cannon said he wanted more executions carried out more quickly and that his plan would help. Sen. Ronda Storms, a Valrico Republican who also is a board member for the Commission on Capital Cases, gave the lie to that claim during debate.

She said, as recounted here and elsewhere with information provided by the commission, that the governor had a list of 47 condemned prisoners ready for his signature to execute them.

The holdup to Florida's death machine isn't the state's Supreme Court.

Cannon has another year as speaker. He pulled a familiar gambit. His budget includes $400,000 for a study of the Supreme Court's workload among seven specific areas of inquiry about court efficiency.
State Courts Administrator Lisa Goodner - her office puts together all kinds of studies on the efficiency of the state's court system, exhaustively detailed - said she'll happily cooperate with the study, as she has in many Office of Program Policy Analysis and Government Accountability audits and studies.

"We think the facts that are out there are good facts for the courts," Goodner said. "Those numbers speak for themselves."

With declining funding and rising caseloads, Florida courts, the Supreme Court included maintain admirable clearance statistics.

Cannon and the Florida Legislature seem to doubt it.
"The party conducting the study shall evaluate the data, make selected audits of such data as necessary, and report to the Legislature regarding the accuracy of such data," the budget says.

These studies are not new. Neither are their intentions novel. It's backward engineering the case for a desired policy outcome.
Last year, just at this time, after two sessions where the Legislature failed to act on a Cannon-championed idea to open Florida waters to oil and natural-gas drilling, a study was delivered.
The House, at Cannon's urging, paid $200,000 for this report.
It concluded - while BP's Deepwater Horizon well was gushing in the Gulf - that spills would be small, infrequent and easy to fix.

Breaking News Alert

2011-05-04T17:18:00.001-04:00

Kia Fuel Tank Strap Failure Recall

Kia has issued a recall of approximately 58,000 Spectra LD vehicles manufactured from November 7, 2003 through March 6, 2007. Certain 2004-2007 vehicles sold or registered in cold weather states are most susceptible to the defect, caused by road salt corroding the fuel tank straps. Prolonged exposure to the salt may disintegrate the straps holding the fuel tank causing it to ultimately strike the ground, posing a possible fuel leak and a serious fire hazard.

The recall is expected to begin in June 2011 and dealers will inspect the vehicle and perform the necessary service free of charge. Owners may contact Kia directly at 1-800-333-4542 and reference Kia's safety recall No. SC090. Additional details can also be found by referencing NHTSA CAMPAIGN ID Number: 11V256000.

Hyundai Tuscon Recall

Hyundai has issued a recall of approximately 7,800 Tucson vehicles manufactured from February 27, 2010 through April 17, 2010. Certain 2010 Tuscon vehicles fail to comply with Federal Motor Vehicle Safety Standard No.108 which addresses photometry requirements of the rear reflector assemblies in the rear bumpers. The defect can lead to reduced visibility and increase the risk of crash.

The recall is expected to begin in June 2011 and dealers will inspect the vehicle and perform the necessary service free of charge. Owners may contact Hyandai directly at 1-800-633-5151. Additional details can also be found by referencing NHTSA CAMPAIGN ID Number: 11V259000.

Kia Sorento Recall

Kia has issued a recall of approximately 12,000 Sorento 2 WD vehicles with automatic transmissions due to a defect affecting the drive shaft. The intermediate shaft of certain 2011 vehicles may suffer excessive wear due to a misalignment with the right side output gear. Driving the car under these conditions may cause damage to the transmission over time, and lead to loss of power and increased risk of crash.

The recall is expected to begin in May 2011 and dealers will inspect the vehicle and perform the necessary service free of charge. Owners may contact Kia directly at 1-800-333-4542 and reference Kia's safety recall No. SC089. Additional details can also be found by referencing NHTSA CAMPAIGN ID Number: 11V258000.

Ducati Steering Lock Recall

Ducati has issued a recall of approximately 1,000 motorcycles for a defect that may prevent the steering lock from disengaging when the motorcycle is keyed on. Certain 2010-2011 Multistrada 1200 and 2011 Diavel bikes may contain a malfunction, which can cause the steering to remain in a locked position as the rider attempts to operate the bike, decreasing rider control and increasing the risk of injury.

The recall is expected to begin in May 2011 and dealers will inspect the vehicle and perform the necessary service free of charge. Owners may contact Ducati directly at 1-800-231-6696. Additional details can also be found by referencing NHTSA CAMPAIGN ID Number: 11V253000.

Owners are encouraged to contact the National Highway Traffic Safety Administration's Vehicle Safety Hotline at 1-888-327-4236 (TTY 1-800-424-9153) or go to www.safercar.gov, with any questions or concerns surrounding these or any other recalls or safety campaigns.

Spencer T. Kuvin
Cohen & Kuvin
stk@cohenkuvin.com
561-665-8020

PATIENT ADVOCATES WIN! SENATE REMOVES KEY PROVISIONS FROM MED MAL BILL

2011-05-03T14:30:00.002-04:00

By JIM SAUNDERS
THE NEWS SERVICE OF FLORIDA

THE CAPITAL, TALLAHASSEE, May 2, 2011….. The Florida Senate on Monday blew holes in a medical-malpractice bill backed by doctors and hospitals, as the House overwhelmingly approved the proposal across the Capitol.

Senators eliminated key parts of the bill, including one that would shield hospitals from liability if contracted physicians commit malpractice. Hospitals often contract with outside groups of physicians, such as radiologists, to provide care.

Critics said that part of the bill could hurt patients who go to hospitals and have little choice in their physicians. If a hospital is not liable --- and a doctor lacks malpractice insurance --- the patient might not be adequately compensated if malpractice occurs, they argued.

“It (deleting that part of the bill) provides recourse to patients who are injured in hospitals by physicians they don’t even know,’’ said Sen. Miguel Diaz de la Portilla, a Miami Republican who sponsored an amendment to remove the provision.

But bill sponsor Alan Hays, R-Umatilla, defended the proposal --- and rejected charges that legal immunity would give hospitals leeway to contract with cheaper, less-qualified physicians.

“The hospitals are there to provide quality medical care to the patients,’’ Hays said.

The Senate’s approval of three amendments was a victory for personal-injury lawyers, who have lobbied against the bill (SB 1590). The stripped-down bill continues to include new certification requirements for out-of-state expert witnesses who testify against doctors in malpractice cases.

Supporters argue those requirements would allow Florida to discipline experts who offer deceptive or fraudulent testimony --- a longtime complaint of doctors.

The Senate debate came at the same time the House voted 88-28 to approve its version of the bill (HB 479), which still has the proposals backed by doctors and hospitals. With the legislative session scheduled to end Friday, it is not clear how the chambers will reconcile the bills.

Rep. Bill Hager, R-Boca Raton, said legal reforms are needed because Florida continues to have a doctor shortage in some specialties.

“Let’s stand with our physicians, let’s stand with our hospitals,’’ Hager said.

But Rep. Richard Steinberg, D-Miami Beach, pointed to 2003 legislation that made it harder to sue for malpractice. He said lawmakers received promises that the measure would lower malpractice insurance rates, but doctors are still complaining about rates and seeking more limits on lawsuits.

“The issue is not that the patients have too many rights, the problem is there is not sufficient competition in the malpractice-insurance industry,’’ Steinberg said.

The House also voted 77-41 on Monday to approve a bill (HB 661) that would help shield nursing homes from lawsuits. Among other things, the bill would place a $300,000 cap on non-economic damages in wrongful-death lawsuits and make it harder to sue nursing homes for punitive damages.

But the fate of the nursing-home bill also is unclear, because a Senate version stalled in a committee.

Groups such as the Florida Medical Association and the Florida Hospital Association have lobbied for the medical-malpractice bill.

Along with the eliminating the proposed malpractice shield for hospitals, the Senate on Monday also deleted part of the bill that dealt with gathering patient information in malpractice cases.

The proposal called for allowing for what are known as “ex parte” communications between defense attorneys and physicians who treat patients after alleged malpractice. The talks could occur without the patients’ lawyers taking part.

But Sen. Anitere Flores, a Miami Republican who sponsored an amendment to eliminate the proposal, said defense attorneys should not be able to interview treating physicians without the patients’ lawyers being present.
“I don’t think it’s right for my medical history to be divulged without my knowledge,’’ Flores said.
But Hays said he was trying to fix a “grossly un-level playing field” that allows patients’ attorneys to have access to information from treating physicians.
Senators also eliminated part of the bill that called for making it harder to sue doctors over their failure to order supplemental diagnostic tests for patients.
Doctors argue that fear of lawsuits causes them to order unnecessary tests and perform “defensive medicine.” They say that drives up medical costs.
The bill proposed requiring patients to show by “clear and convincing evidence” that a doctor’s failure to order additional tests violated standards of care. That would make such cases harder to prove.
But the proposal’s critics said the state doesn’t need such a requirement.
“There’s no need to change the burden of proof,’’ said Sen. Rene Garcia, a Hialeah Republican who backed eliminating that part of the bill.

Justice Obtained for Spencer Kuvin's Client

2011-05-03T11:14:00.001-04:00

For 19 years, Brian McQuillen survived against the odds, born with severely spastic cerebral palsy. He strived with determination to reach his full potential, but his efforts were cut short by an egregious medical mistake.

In mid December 2008, Brian was under the care of National Mentor Healthcare, a long term care facility for people with Brian's condition. While at school one day, his feeding tube came out. The nursing staff at National Mentor then re-inserted the tube too far into Brian, causing it to perforate the wall of his stomach. Unfortunately, none of his caregivers recognized their fatal mistake. Over the next several days, Brian's condition started to deteriorate and he displayed signs of concern, including cries for pain and fever. The medical professionals tasked with his care and well being did not recognize the severity of his condition until it was too late. The perforation of his stomach led to sepsis and no life saving measures could save Brian.

Spencer Kuvin, a partner at Cohen & Kuvin, LLC represented the McQuillen family in a case against Brian's caregivers and doctors. Kuvin stated, "It is a tragedy to see a young man who fought to survive in society, lose his battle due to the negligence of individuals whose responsibility was to ensure his care. We delivered justice on behalf of Brian McQuillen, and hope his story serves as a wake up call to all caregivers to pay attention to their patients, as it could be the difference between life and death."

http://www.cohenkuvin.com/
stk@cohenkuvin.com
561-665-8020

The Court Packing Plan is Dead!

2011-05-03T11:06:00.002-04:00

This evening the Senate took up and passed an amendment to HJR 7111 that gutted House Speaker Dean Cannon’s legislative assault on our fair and impartial courts. The amendment, co-sponsored by ten Republican Senators, eliminated the proposal to split the Supreme Court into two divisions and give the Governor full reign to select justices. It also did away with the proposal to set court funding at 2.25% of General Revenue, a move that would have potentially locked the judicial branch into perpetual underfunding.

Please take time to contact the lawmakers who sponsored this amendment, and stood strong against extreme pressure from leadership to go along with Cannon’s court “reform” package. To see the list of sponsors and read the amendment, go to http://www.flsenate.gov/Session/Bill/2011/7111/Amendment/289464/HTML

The House has reportedly agreed to the amended proposal. That vote will come later this week. The measures that remain in the bill include Senate confirmation of appellate court judicial appointments and a lowering of the threshold for the legislature to over-rule a court rule of procedure (to 50% instead of 2/3’s, with a requirement for the legislature to provide policy direction for any rule they overturn). The amended joint resolution would also give the Speaker of the House access to JQC investigative files for potential impeachment proceedings. If passed by the House, the proposal will go on the ballot in the 2012 general election.

While no bill would have been our first choice – this is a major victory. We will continue to watch the JNC bill which is still sitting on the special order calendar, although all indications are it will not move forward.

Links to lawmaker contact information are available on our website, http://www.fairandimpartial.com/

Thank goodness for the hard work of all the advocates for justice that worked tirelessly to defeat this bad bill. Hopefully this will show the legislature of Florida, along with the Governer, that they cannot run rough shod over the rights of Florida citizens. The separation of powers is at risk in Florida, and the attorneys at Cohen & Kuvin are working hard to protect your rights against this unlawful intrusion by the legislative and executive branch.

Spencer T. Kuvin
Cohen Kuvin
skuvin@cohenkuvin.com

Florida Assisted Living Facilities Are A Disaster

2011-05-01T13:47:00.003-04:00

SOURCE: MIAMI HERALD: ONCE SOURCE OF PRIDE, NOW SCENE OF NEGLECT

For more than a decade, Bruce Hall ran his assisted-living facility in Florida’s Panhandle like a prison camp.

He punished his disabled residents by refusing to give them food and drugs. He threatened them with a stick. He doped them with powerful tranquilizers, and when they broke his rules, he beat them — sending at least one to the hospital.

“The conditions in the facility are not fit even for a dog,” one caller told state agents.

When Florida regulators confronted Hall in 2004 over a litany of abuses at his facility in the rolling hills of Washington County, they said he chased them from the premises while railing against government intrusion.

Under state law, regulators could have shut down Sunshine Acres Loving Care or suspended the home’s license, but they did neither. Instead, they ordered the 50-year-old Hall to see a therapist for his anger and to promise not to use “any weapon or object” on his residents — allowing him to keep his doors open for five more years.

In that time, Hall went on to break nearly every provision of Florida’s assisted-living law: He threw a woman to the ground, and forced her to sleep on a box spring for six days after she urinated on her covers. Though the temperature outside reached 100 degrees, he forced his residents to live without air conditioning. And during a critical overnight shift, he fell asleep on the job while a 71-year-old woman with mental illness wandered from her bed, walked out the door and drowned in a nearby pond.

In a state where tens of thousands reside in assisted-living facilities, the case of Hall’s Sunshine Acres represents everything that has gone wrong with homes once considered the pride of Florida.

Created more than a quarter-century ago, ALFs were established in landmark legislation to provide shelter and sweeping protections to some of the state’s most vulnerable citizens: the elderly and mentally ill.

Tragedies revealed

But a Miami Herald investigation found that the safeguards once hailed as the most progressive in the nation have been ignored in a string of tragedies never before revealed to the public.

In Kendall, a 74-year-old woman was bound for more than six hours, the restraints pulled so tightly they ripped into her skin and killed her.

In Hialeah, a 71-year-old man with mental illness died from burns after he was left in a bathtub filled with scalding water.

In Clearwater, a 75-year-old Alzheimer’s patient was torn apart by an alligator after he wandered from his assisted-living facility for the fourth time.

The deaths highlight critical breakdowns in a state enforcement system that has left thousands of people to fend for themselves in dangerous and decrepit conditions.

The Miami Herald found that the Agency for Health Care Administration, which oversees the state’s 2,850 assisted-living facilities, has failed to monitor shoddy operators, investigate dangerous practices or shut down the worst offenders.

Time and again, the agency was alerted by police and its own inspectors to caretakers depriving residents of the most basic needs — food, water and protection — but didn’t take action.

When AHCA agents were forced to end their inspection of Sunshine Acres in 2008 because of threats by the owner — the second time in four years — the agency didn’t return for eight months.

By the time agents went back, they found a resident eating from a filthy food bin, four inches of dirt on the floor of a dorm room and six residents drugged on tranquilizers without doctors’ orders.

“Lord help us all if he gets mad,” one resident told state regulators about the owner.

Frustrated over the state’s inability to close Sunshine Acres, neighbors began gathering at the local fire station to launch a plan to prompt regulators to act.

“It took the whole damn neighborhood,” said Dewayne Anderson, 55, who lives next door to the home.

A representative of the group fired off several e-mails to AHCA, demanding the state enforce its laws and pointing out a litany of problems created by the facility.

After 14 years of running the home and racking up more than 100 violations, Hall was finally told by AHCA to sell Sunshine Acres. But once again, regulators struck another deal: Hall was given a year to find a buyer.

Failure to protect

The Miami Herald spent a year examining thousands of state inspections, police reports, court cases, autopsy files, e-mails, death certificates and conducting dozens of interviews with operators and residents across the state.

Reporters found that as the ranks of assisted-living facilities grew to make room for Florida’s booming elderly population, the state failed to protect the people it was meant to serve.

For example:

• Nearly once a month, residents die from abuse and neglect — with some caretakers even altering and forging records to conceal evidence — but law enforcement agencies almost never make arrests.

• Homes are routinely caught using illegal restraints — including powerful tranquilizers, locked closets and ropes — but the state rarely if ever punishes them.

• State regulators could have shut down 70 homes in the past two years for a host of severe violations — including neglect and abuse by caretakers — but in the end, closed just seven.

• While the number of new homes has exploded across the state — 550 in the past five years — the state has dropped critical inspections by 33 percent, allowing some of the worst facilities to stay open.

• Though the state has the power to impose fines on homes that break the law, the penalties are routinely decreased, delayed or dropped altogether.

• The state’s lack of enforcement has prompted other government agencies to cut off funding and in some cases refuse to send clients to live in homes AHCA won’t close.

For example, the Miami-Dade Court’s mental health project won’t send clients to All America ACLF, where Angel Joglar, a 71-year-old man with schizophrenia, was scalded in a bathtub after his caretaker left him alone in 2006, dying from the burns weeks later.

Since his death, AHCA has cited the home for at least 100 violations — including untrained staff failing to stop residents from beating each other with two-by-fours.

After Hillandale ALF was caught locking residents with mental illness in a closet to punish them — along with a host of other violations — the state Agency for Persons with Disabilities cut off hundreds of thousands of dollars it was sending to the home in Pasco County.

Both facilities are still licensed by AHCA.

AHCA, which is empowered with tough tools to enforce the law, said its goal is to get facilities to obey the rules — and imposing fines or other penalties are secondary measures.

Reluctant to punish

The agency, which would only respond to questions in writing, said pushing to revoke a home’s license is a “very harsh penalty” used as a last resort. Before doing so, it considers several issues, including the immediate danger to residents and the ability to relocate them to a new home.

Each penalty is considered based on “unique circumstances,” and other actions are explored “prior to the most serious sanction of revocation,” the agency wrote.

However, The Miami Herald found that AHCA repeatedly catches homes breaking the law but fails to act, at times with dire consequences.

At Hampton Court in Haines City, regulators caught caretakers 11 times in the past five years failing to give out medication, not keeping records of drugs given to residents and falsifying records to show drugs had been given when they hadn’t. The state could have imposed emergency measures, including a ban on new residents until the home cleaned up its practices, but never did.

Eventually, someone died.

Norman Dube, a 74-year-old retired postal worker suffering from diabetes and depression, went 13 days last March without crucial antibiotics — and several days without food or water. As he slipped into unconsciousness, he began telling people “things were crawling on his skin,” a state report said.

At the same time, the home failed to tell his doctor he wasn’t getting his drugs, which included blood pressure medications and anti-psychotics.

The next month, Dube died. A state Department of Children & Families investigation concluded the home committed medical neglect.

But the problems didn’t end. On June 25, two months later, state agents returned to the home and found two more residents languishing without their medication, despite doctor’s orders.

The home promised to correct the problems, but in August it happened again — this time, three more residents were not getting their drugs. Two months ago, the facility was taken over by a new owner.

When it comes to imposing fines, AHCA said it doesn’t routinely drop or reduce them, saying it only lowered fines by 7 percent this fiscal year.

But an analysis shows the agency rarely asks for what’s allowed by law. Consider: In 2009 — the same year lawmakers expanded AHCA’s power to levy fines — the agency could have imposed more than $6 million, but took in just $650,000.

Homes of horror

The law that empowered the state to discipline homes was passed three decades ago in response to a growing crisis: Elderly people moving to Florida were ending up in group homes run by abusive caretakers.

The state passed a celebrated Residents Bill of Rights in 1980 — championed by veteran Miami congressman Claude Pepper — pledging that people in those homes would be protected and treated with dignity.

The homes would shelter two of the state’s fastest-growing groups — the elderly and mentally ill — and at the same time offer an alternative to nursing homes.

Now, people who needed help with everyday chores but didn’t require 24-hour nursing care could live independently.

But as the industry boomed, the state began a series of crucial moves that would change the way it regulated homes.

Instead of inspecting ALFs once a year like most large states — including Arizona, Texas, Pennsylvania, North Carolina and Illinois — Florida cut inspections to just once every two years.

The same trend took place with investigations of serious incidents like deaths and injuries — known as adverse incidents — which were slashed by 90 percent between 2002 and 2008.

Regulators never investigated Isabel Adult Care III after the owner reported that Aurora Navas, an 85-year-old grandmother with dementia, had quietly wandered from the Miami-Dade home and drowned in a pond in the backyard in 2008.

“Her lack of ability to find her way back caused her accidental death,” wrote the home’s administrator, Isabel Lopez, in a report to AHCA. “We found that all procedures were followed. The facility has door alarms, proper door locks, and a fenced backyard.”

But records show that if regulators had carried out what was once a routine exercise, they would have found just the opposite: The door alarm and video cameras weren’t working, the back gate was unlocked and an attendant had fallen asleep, Miami-Dade police records show.

Navas, who had a history of wandering, was found floating in 18 inches of water, clad only in her lavender sleeping gown, a blue slipper on the ground nearby.

To this day, Alfredo Navas says he’s enraged the state never investigated his mother’s death at the quiet suburban home just north of Kendall.

“You don’t follow up when it comes to human beings who are supposed to be watching other human beings. They get nothing,” said Navas, 59, adding that his mother was afraid of water most of her life. “The safeguards you thought in place weren’t in place.”

In an interview, Lopez said she was ordered by fire inspectors to remove the locks from the rear door. But county records show that was not the case: Inspectors simply told her to get new locks.

Cases skyrocket

While inspections of homes were dropping across the state, another troubling trend was under way that would set new records.

The state Department of Elder Affairs ombudsman program was uncovering more cases of abuse and neglect than it had seen in the last three decades, with numbers doubling in the past five years.

Though the program sends its findings to AHCA, regulators failed to investigate the vast majority of the cases, records show. In fact, a state audit in 2008 found that AHCA couldn’t locate two-thirds of the complaints sent to the agency.

“It’s baffling to me,” said Brian Lee, the ombudsman program’s past director. “We find things, and it’s like, how did they not see the same things?”

Even when AHCA does find problems — including people dying from abuse and medical neglect — it rarely moves to close homes, allowing the same dangerous violations to turn up again.

Though Briarwood Manor has been the target of more than 1,200 police and rescue calls in the past five years — with residents stabbing, fighting and suffering psychiatric breakdowns — the Broward County facility has been allowed to stay open.

The drab, stuccoed home in the heart of Lauderhill has been slapped with scores of violations by AHCA — 100 in the past five years — including an episode in which a man slashed his roommate with a knife during a crack binge while the night caretaker was nowhere to be found. Twice in the past five years, the state could have revoked or suspended the home’s license, but did neither.

Instead, AHCA allowed Briarwood to operate for four years while it owed massive fines that peaked at more than $370,000, with AHCA eventually agreeing to reduce the amount by 74 percent in 2008.

Briarwood is among the hundreds of ALFs that opened their doors in the past decade, driven by the closing of state mental health institutions.

But as the industry boomed, AHCA failed to keep up with the growth, with state agents taking longer to respond to dangerous breakdowns. A Miami Herald analysis shows it took inspectors an average of 37 days to complete complaint investigations in 2009, 10 days longer than five years earlier.

At least five times, other agencies were forced to take the lead in shutting down homes when AHCA didn’t act.

One Hardee County sheriff’s detective said he was unable to prod AHCA to shut down Southern Oaks Retirement Center last year after he found residents sleeping on torn, urine-soaked mattresses surrounded by moldy, cracked walls and boarded-up windows.

Though AHCA had turned up the same hazards at the Central Florida home for eight years — including just a month earlier — the facility stayed open until fire officials ordered the evacuation of all 49 residents on June 22, 2010.

Not until the home made critical repairs five weeks later was the order lifted.

For Rosalie Manor, it was a longer battle.

For years, Pinellas County sheriff’s deputies had been forced to round up dozens of residents with mental illnesses found wandering the small town of Dunedin, breaking into a school and homes, and shoplifting from businesses.

When deputies finally investigated, they found Rosalie Manor owner Erik Anderson had placed a 53-year-old man just released from a psychiatric ward in charge of dispensing powerful psychotropic drugs to others in the home.

When two residents suffered breakdowns after not getting their crucial medications, detectives sent a warning to AHCA: Shut the place down.

But regulators dropped the case a month later, citing a lack of evidence — prompting an angry response from Sgt. J. Michael Daily, who slammed AHCA for its “inability to take action on this and other valid complaints at Rosalie Manor,” records show.

During the next two months, deputies joined prosecutors in a rare effort to close the 34-bed facility.

Detectives brought forward reams of paperwork in 2006 detailing abuse and neglect inside the cluster of cottages near downtown Dunedin — including violations turned up by AHCA year after year.

They found Anderson had covered up crucial evidence in death investigations of the home’s residents.

In one case in 2003, he threatened to fire any employee who called police after finding blood splattered on the walls of a 72-year-old man’s bedroom and a suicide note on the dresser.

In 2005, he drove a male resident with a criminal history to a pharmacy to fill a prescription for powerful narcotics, but failed to collect the drugs from the man, who then fed them to a 20-year-old female resident with mental illness. She was then raped by the man and died in her bedroom from an overdose.

Administrator charged

In the end, prosecutors charged Anderson, 60, with neglect, witness tampering and falsifying medical records. He pleaded guilty and surrendered his ALF license. His sentence: probation.

Caretaker Mary Pressley, 47, who worked at Rosalie for nearly a decade, said she couldn’t understand why AHCA never moved to close the home. “I don’t know how he got away with what he did,” she said.

Since 2005, Rosalie was among more than 40 homes found to be placing residents in immediate danger — the most serious breach of Florida’s ALF law — with a quarter of the homes going on to do it again.

Even after AHCA inspectors warned their own agency that Bruce Hall was running a dangerous facility in 2004, he was allowed to renew his license and expand the home to make room for eight more beds.

It was the third time the troubled facility was granted a renewal by AHCA, despite breaking the state’s ALF law 51 times.

The next year, Hall fell asleep on night watch duty just long enough for 71-year-old Elnora Shuler to wander out the door with her baby doll and slip into a pond on the premises.

When AHCA investigators asked Hall why the fence around the pond was only half finished, an inspection report states he responded: “My complacency is the reason… I knew I’d find [Shuler] down there in that pond someday.”

When agents visited the ramshackle 52-bed home in North Florida to investigate a tip that Hall threatened residents with a gun, he flew into a rage, referring to the residents as “deranged, mental retarded sons of bitches,” while lashing out at state agents, reports showed.

In the end, inspectors Patty McIntire and Kara Cowart, along with a Washington County sheriff’s deputy, left the property without completing their investigation, citing “safety concerns.”

For his tirade, Hall was fined $1,756 and ordered to visit a therapist because of his anger. But just 17 days later, he shoved a woman diagnosed with mental retardation to the ground, sending her to the hospital with a sprained ankle and cuts on her arm, elbow, knee and shin.

Hall told regulators he was protecting his wife after the resident grabbed her arm, but state agents cited him for abuse.

In an interview with The Miami Herald, Hall said regulators were “bureaucrats” who didn’t understand the challenges of dealing with people with mental disabilities — and that he had a right to impose force on residents when they got unruly.

“If one of them jumps on you and you got to beat the hell out of them to get them off you, then you get held responsible,” he said. “I’m the damn culprit that’s the bad guy in all this?”

He blamed residents and his neighbors for bringing unwarranted scrutiny to the facility.

“These mentally handicapped residents, they know the game,” he said. “They will play you. They are of the system, they know the system — just like a prisoner. They know what they can get away with.”

He said if he hadn’t imposed discipline on his residents, they would have taken control of the facility. “They’re going to realize they can continue to treat you like a dog,” he said.

During a state inspection in 2006, 14 residents at Sunshine Acres refused to give their names to AHCA agents, saying they feared retaliation.

Between 2007 and 2008, five employees quit their jobs, saying they were tired of the abuse at the home, state reports show.

During that same period, sheriff’s deputies and rescue workers were called to the home more than 400 times for, among other things, fights between residents and people suffering psychiatric breakdowns.

“It was like a damn nightmare,” said Dewayne Anderson, a next-door neighbor who joined the community coalition to close the home.

In 2008, Hall ran AHCA agents off the premises a second time after berating an elderly female resident who was trying to talk privately to them.

Hall “dropped to his knees in front of the resident” and with “flushed face, clenched jaw, rapid, loud speech, flaying [flying] arms,” he said he was throwing her out for complaining about him.

“The survey was discontinued at this point due to a fear for the safety of the surveyors,” inspectors wrote.

After the event, the state threatened to kick Hall out of the business.

In April, agents sent a letter saying Sunshine Acres’ license would not be renewed. But it was. In October, regulators told Hall to get out — but once again, bargained the punishment down, giving him a year to sell the troubled home.

Through it all, agents continued to find more problems: Six residents were illegally given powerful drugs known as “chemical restraints,” designed to keep them under control — without a doctor’s consent, agents wrote.

Finally, after more than 115 citations from AHCA, Hall sold the home in September 2009 — still holding the mortgage in a deal that will earn him $1.1 million during the next 10 years.

Wandering resident meets a grisly end

By MICHAEL SALLAH, ROB BARRY and CAROL MARBIN MILLER
msallah@MiamiHerald.com

Caretakers at the Beckett Lake Lodge assisted living facility struggled to keep track of Walter Stowman Cox.

The 75-year-old man with dementia was once found in bank lobby after wandering from his Pinellas County ALF. Months later, he wandered into a nearby condo complex and had to be escorted back.

But the last time he left Beckett Lake Lodge — his home for more than a year — he never returned.

The former Episcopal priest and social worker was found a week later floating face down in a thatch of cattails in a nearby lake, his body ripped apart by alligators.

His gruesome death in 2004 led to an investigation by the Agency for Health Care Administration, which turned up several violations, including a citation for failing to keep track of Cox’s whereabouts. But in the end, no fines were imposed and no penalties issued in the death of the elderly grandfather.

AHCA said the home committed a minor infraction that didn’t call for a penalty. But records show AHCA initially slapped the home with a serious violation for putting Cox in danger — punishable by a $5,000 fine. The agency later agreed to lower the severity of the violation.

In the year before Cox died, records show he was growing confused, with a psychologist noting the Air Force veteran was suffering from “memory impairment” and in need of an anti-anxiety drug. Though Beckett Lake Lodge had a section for people with dementia — where residents are more closely monitored — Cox was never placed in the ward.

The home’s director of care, Audrey Malin, later said in a deposition she didn’t think he should have been allowed to leave the facility “because I would already have known that there were risks.”

Home administrator Michael Payne declined to talk about the death.

Cox had wandered at least three times, but his daughter, Sharon Sandoval, said no one from the home told her — including one episode seven months before he died when police had to conduct a nighttime search for him. Had she known, she said, she would have asked he be placed in the more secure setting.

The day before Cox wandered into the woods for the last time, he was found confused outside a nearby development. The next day, when he wanted to go for a walk, the home sent an aide to watch him. But Cox soon bolted into the woods, and the aide, who wasn’t carrying a cellphone, didn’t follow, returning to the facility before calling rescue workers.

After a week of searching, law enforcement officers on an airboat found Cox’s partially clothed body in four feet of water on the edge of Harbor Lake, his upper torso ripped by alligator bites and both arms missing.

In the year before his death, regulators cited the home twice for not keeping key medical records, including doctor’s orders detailing the specific care each resident was supposed to receive. In fact, the home didn’t complete those documents for Cox until he’d been missing four days, records show.

After initially finding the home had lost track of Cox when he ran into the woods, AHCA reversed its decision, saying workers at the home “were aware of the whereabouts,” said Shelisha Coleman, an agency spokesperson. But records show no one knew where Cox was until police pulled his badly mauled body from the water seven days later.

Sandoval, 52, whose family recently settled a lawsuit with the home for an undisclosed amount, said she was haunted by whether her father was still alive when his body was attacked by the alligator.

“I kept going around and around in my head all the different possibilities,” she said. “I was just driving myself crazy. Finally, I just came to the conclusion that I will never know.
”

A history of violence ends in fiery rampage

By CAROL MARBIN MILLER, ROB BARRY AND MICHAEL SALLAH
cmarbin@MiamiHerald.com

Pedro Sanchez set his bed on fire with a red disposable lighter. Then, clutching a large, jagged rock, he struck the frail, elderly people who tried to flee the deadly inferno.

“Aqui vamos a morir todos!” witnesses said Sanchez shouted as he beat a 55-year-old man in a wheelchair. “We are all going to die here.”

Though five residents of the K&K Adult Care Center in Miami escaped the Oct. 1, 2005, blaze, 78-year-old Graciela Labastilla would succumb to the toxic fumes.

In the coming days, state agents turned up evidence that the facility had failed to safeguard its elderly and disabled residents, leaving a violent man with a criminal past to prey on vulnerable adults.

Just days before he ignited the fire, Sanchez was allowed back to the home after being committed to a psychiatric ward for threatening a resident and throwing a rock into a neighbor’s house.

The Agency for Health Care Administration determined the home did not protect the residents, but no penalty was ever imposed.

In addition, Miami-Dade fire officials said the fact that hurricane shutters were fastened to the home’s windows — with no impending storms — increased the danger to the residents.

The only person charged in the death of the grandmother of 10 was Sanchez — arrested for arson and homicide — who remains in Atlantic Shores State Hospital, incompetent to stand trial.

Two weeks before the blaze, Sanchez had erupted in anger after a staff member tried to stop him from leaving the home.

The 78-year-old, who was on felony probation for carrying a concealed weapon before moving into the home, threw a rock at a neighbor’s house and threatened to hit caretakers with a stick, witnesses said.

Miami-Dade police officers finally subdued him, taking him to Palmetto General Hospital’s psychiatric ward, where he stayed for 10 days before returning to the ALF.

Over the following days, resident Omar Buttari said Sanchez repeatedly threatened “to burn the place down.”

On Oct. 1, 2005, a caretaker awoke before dawn to a wailing fire alarm. Griselda Cruz, 52, said she grabbed a fire extinguisher, but couldn’t put out the flames. Sanchez, she told detectives, was trying to keep residents from leaving by slamming their bedroom doors and screaming that everyone was going to die.

“Que has hecho?” she asked Sanchez after noticing his bed engulfed in flames. “What have you done?”

The five residents could escape only through the front and back doors because the home had not removed the aluminum shutters barricading the windows. As Cruz tried to help the elderly residents toward the front door, Sanchez struck her in the mouth with the rock. He beat Buttari on the head.

Rescue workers found Labastilla sprawled on the floor and took her to Memorial Hospital Miramar, where she died two days later of carbon monoxide toxicity.

The rock was still in Sanchez’s pocket when police confronted him down the street.

Police estimated the damage at $200,000, and K&K was shut down for good by its owner.

Family members said they were stunned to learn their mother, a retired seamstress who owned a small business in Hialeah, was living in a home with a convicted felon who had been threatening residents for days.

Under Florida law, homes are supposed to evaluate residents to determine whether they are appropriate for placement in their facilities.

“I didn’t know there was anybody like Pedro Sanchez in there,” said the victim’s son, Manny Labastilla. “If you have someone who has that type or degree of mental illness to the point where he’s going to threaten a person, he should be at a different type of facility.”

KEY EVENTS IN ALF LAW

1975

• Landmark U.S. Supreme Court decision bans states from confining citizens to institutions if they are non-dangerous and capable of living by themselves or with relatives — leading to the closing of psychiatric facilities and leaving a large number of people in need of housing.

• Licensing of Adult Congregate Living Facilities in Florida begins, with passage of state law setting basic standards for people living in boarding-house settings with a staff to prepare meals and manage medications for residents.

1980

• The Florida Legislature passes the first comprehensive regulations for ACLFs, establishing licensing standards, a fraud enforcement unit to protect Medicaid funds, and a bill of rights for group-home residents.

1981

• Federal legislation creates a program allowing states to use long-term care money available through Medicaid to pay for residents’ room and board at group homes.

1982

Amendments are passed in Florida drawing clear distinctions between nursing homes and assisted-living facilities, where people need help with everyday chores but not 24-hour nursing care.

1987

• The state has 1,400 assisted-living facilities housing 42,000 people.

1990

Florida’s population nearly doubles between 1970 and 1990 — from 6.7 million to 12.9 million — creating waves of elderly and disabled people in need of housing and care.

1991

• The creation of the Florida Department of Elder Affairs with Bentley Lipscomb as the director. One of the agency’s goals: protect the rights of the elderly in assisted-living facilities and nursing homes.

1992

• Agency for Health Care Administration becomes chief regulator of ACLFs after splitting from the state Department of Health and Rehabilitative Services.

• There are now 1,568 ACLFs throughout the state.

1993

• The Florida Legislature refuses to increase funding for inspections of ACLFs despite their growth across the state. As a result, inspections are reduced from once a year to once every two years.

1995

• The state renames Adult Congregate Living Facilities as Assisted Living Facilities (ALFs), an emerging housing model that’s expected to surpass nursing homes as the signature facilities for elderly and mentally ill people.

• A newly revamped Elder Abuse Law in the Florida Legislature makes it easier for prosecutors to push for felonies against people who abuse or exploit elderly and disabled people.

1997

• The state adopts a law requiring ALFs housing people with mental illness to obtain a special license. It also requires facilities that care for people with Alzheimer’s disease and other disorders to meet standards of operation, including requirements that homes with 17 or more residents have an awake staff member on duty at all hours, and that all employees have a minimum level of training.

• The state is now home to 1,922 ALFs.

1999

Operation Spot Check: Attorney General Bob Butterworth expands a program that draws together multiple agencies to carry out surprise inspections of troubled homes that received Medicaid funding. The agencies include the state attorney general’s Medicaid Fraud Control Unit, AHCA, the Department of Children & Families, Florida’s Long Term Care Ombudsman Council, state attorneys, and local fire and code inspectors. The goal: rooting out neglect and abuse.

2000

• Florida now has 2,305 ALFs.

2001

• State legislators pass sweeping tort reforms that slash the amount of insurance ALF owners are required to carry, set limits on lawsuits — making it more difficult for lawyers to sue facilities — and end the practice of awarding attorneys’ fees in cases that do not involve death or serious injury.

• The state House of Representatives passes a bill that

2008

Florida adopts new laws raising the penalty for aggravated abuse of elderly and disabled people to a first-degree felony.

2010

The state now has 2,850 ALFs housing more than 80,000 people.

Toxic sore fatally undetected

Already heartbroken by his wife’s deterioration through Alzheimer’s, Theodore Archer then watched her die needlessly from an ignored poisonous sore.

Theodore and Dorothy Archer retired to sleepy Hernando County in 1981, but never really settled down. For the next 20 years, the Archers did the Lord’s work, driving a recreational vehicle from Florida to Canada, California to Maine, renovating churches with a group called Servants on Wheels.

It was the sudden onset of Alzheimer’s disease that finally slowed Dorothy Archer.

Unable to cope with his wife’s forgetfulness and agitation, Theodore Archer moved her to a nearby assisted-living facility called Edwinola Manor in late 2008. There, he thought, she would get the care and service she had given so selflessly as a church outreach worker.

Instead, nurses failed to treat a gaping pressure sore on her lower back that filled her body with raging toxins.

“There is no valid reason for such a wound developing undetected in an ALF resident,” wrote Tim McClain, a registered nurse who investigated the case for the state Department of Children & Families.

Archer, 90, was not the first Edwinola resident to fall victim to shoddy care.

In April 2008, Carmen DeArmas was hospitalized with a rotting, oozing foot, requiring immediate surgery. Family members told investigators the injury was so bad, the 79-year-old woman’s sock was “embedded into the skin,” a DCF report says.

Two months later, Edwinola administrators told the Agency for Health Care Administration they had retrained workers to better recognize and report signs that residents’ health had deteriorated.

But in October that year more problems emerged: AHCA found the home had failed to keep records on three more residents whose health had deteriorated — including one whose pressure sore was severe enough to force a hospital stay.

Once again, Edwinola administrators submitted a detailed plan for doing better.

The plan had just been put in place when Dorothy Archer was admitted to the retirement home, diagnosed with acute psychosis — the result of a quickly progressing case of dementia.

The Archers had been inseparable for 37 years, living in the Philippines, Hawaii, South Africa, Panama, Virginia and a host of other places where Theodore’s second career as a combustion engineer took him.

“We were always together,’’ Theodore Archer said. “Everywhere I went, she was with me.’’

The couple had planned to grow old together — and die together.

But the retired naval chief petty officer — who survived the sinking of the USS Hornet at the Pacific battle of Santa Cruz in 1942 — was no match for his wife’s Alzheimer’s.

Confused and agitated, Archer had been hospitalized under Florida’s involuntary commitment law when a neighbor suggested Edwinola, a 170-bed home in Dade City, just north of Tampa Bay. Archer said he visited his wife every day — usually more than once.

Medical notes suggest Archer was faring well in the facility until March, when nurses feared a raspy cough might be the first signs of pneumonia.

When Archer was sent to a nearby hospital for treatment, the home’s notes documented only a “small” skin lesion, described two days earlier as a “red area” on her lower back.

But doctors immediately said the home’s description of the wound was far from accurate. The festering sore, as large as a grapefruit, had become so infected it had turned black — and her kidney was failing, said Dr. Keith Rosenbach at Pasco Regional Medical Center.

“The poison is all throughout her body. There’s no way I can save her,’’ her husband said he was told by a doctor.

Archer was transferred to a local hospice. Aides cleaned her, and put on a crisp new gown. Within 30 minutes, she was dead.

After her death in 2009, state investigators questioned the home’s treatment of Archer’s blackened sore.

“It is obvious that ALF staff should have noticed the buttock wound,’’ McClain, the DCF nurse, wrote. “It is also clear that there was a serious systemic failure at the ALF.’’ Archer, he concluded, “was inadequately supervised and medically neglected.”

Janice Merrill, an Orlando attorney who represents Edwinola, declined to comment, citing ongoing litigation.

Even after Archer died, the problems at Edwinola continued.

A month after her death, a woman was hospitalized with bruises on her arm, wrist, chest and buttocks. Doctors discovered she had been given so high a dose of blood-thinners that she needed several transfusions. She also had been given three pain patches — triple the dose prescribed by her doctor.

The woman, a DCF investigator wrote, had been “overmedicated to the point of losing consciousness.’’

During the investigation, the home’s director of nursing resigned. The facility once again told state agents it had “incorporated new safety measures and training to prevent recurrence,” DCF records show.

But in November 2010, regulators found more breakdowns — this time, after relatives complained a resident of the home was “acting strangely and no one knew why.” When inspectors showed up, they found the home had failed to give the resident crucial psychiatric and heart medications.

Once again, Edwinola promised to retrain its workers to make sure the problems didn’t happen again, records state.

For Theodore Archer, 91, who is suing the home, learning that the facility had been warned twice before his wife’s death to pay better attention to residents’ health has made his loneliness even more difficult.

“Miss her? God, yes,’’ Archer said. “I guess it’ll be a long time missing her till I go.’

Protecting yourself and your loved ones

If you are considering an assisted-living facility for yourself or a relative:

• Consult your doctor. If your relative is suffering from the infirmities of aging, make sure they are able to live at an ALF. ALF residents must be able to perform most of their activities of daily living — such as going to the toilet, dressing, and getting around — with only minimal assistance. An elder who is bed-bound, for example, cannot live safely in an ALF.

• Consider a facility that’s close to family and trusted friends. Advocates say ALF residents who are visited regularly by involved and inquisitive family members generally receive better care. Residents who are isolated from family, and who do not have strong-voiced advocates, are more likely to be overlooked.

• Seek help from a financial advisor. If you do not have long-term care insurance, you won’t want to deplete your savings too quickly, because facilities that accept rent from government insurance programs, such as Medicaid, as their only source of revenue often operate on the thinnest of margins. Look for ways to stretch out your savings so you can live in the home best suited to meet your needs.

If you are choosing among different assisted-living facilities:

• Consult the Long-term Care Ombudsman Council in your community. The councils maintain several resources that are available to the public.

• Review the Agency for Health Care Administration’s website at www.ahca.state.fl.us. The results of the agency’s inspections, once every two years, complaint investigations and other resources are available to the public.

• Visit the facilities that interest you at different times of day. A home that seems cool in the evening may be hot at mid-afternoon. Tour the entire facility, not just the lobby. Look inside residents’ rooms. Pay attention to all your senses, especially smell.

• Reach out to the facility’s family or residents’ council. Attend a residents’ council meeting, if you can, and ask lots of questions.

• Check the ALF’s activities calendar, and ask to observe daily activities. Boredom and inactivity are unhealthy for elders, so look for a facility that will keep you or your loved one busy and entertained.

• Visit at mealtime, and not just one meal. Records show ALFs often are faulted for having menus with a variety of healthy, enticing options — and then cooking meals that don’t match the menu. Be sure that the facility you pick is capable of providing a diet that meets your needs, such as offerings for people with diabetes. A Sunday night visit is recommended, because Sunday evening meals often are the most overlooked by facility staff, records show.

• Talk to a lawyer before signing any contracts. If you sign a contract that allows only binding arbitration when something goes terribly wrong — such as a death or disabling injury — you will lose the right to sue, and you could forgo significant damages that you might otherwise be entitled to.

• Ask to see the résumé of the home’s administrator and director of resident services, who may be the only manager on site with a degree or professional experience.

When you move in to an assisted-living facility:
• Know and document the names of every caregiver who works with you or your loved one. Don’t be afraid to ask for names and birth dates, and vet the people who spend the most time with them. Caregivers often are the difference between life and death if your loved one experiences a severe fall or other healthcare emergency.

Check the details of your loved one’s medications at least once monthly. Does the medication match the prescription? Is the dosage accurate? Read the fine print. If your loved one is taking several prescriptions, are there any interactions that may prove lethal? Is your loved one being prescribed medications by a doctor other than your family physician? If so, what do you know about that doctor?

What you should you do if something goes wrong:

• If your loved one dies at an ALF, and you suspect the death was not natural, request an autopsy by the county medical examiner.

Be sure to document everything. Your observations and impressions may be helpful to authorities who investigate what happened.

You have a right to call or write authorities if you suspect an ALF resident has experienced abuse, neglect or financial exploitation. The state Department of Children & Families investigates all such reports and can be reached at 800-96 ABUSE. The Agency for Health Care Administration also investigates reports of maltreatment, and can be reached at 888-419-3456.

You also can report concerns of improper care to the Long-term Care Ombudsman Council in your area.

BY CAROL MARBIN MILLER, MICHAEL SALLAH AND ROB BARRY
CMARBIN@MIAMIHERALD.COM

- Spencer Kuvin
Cohen & Kuvin, LLC
http://www.cohenkuvin.com/
stk@cohenkuvin.com

Breaking News Alert

2011-04-25T13:28:00.002-04:00

We provide these breaking news alerts to ensure consumers are protected and educated in hopes that this information will keep you safe and aware of threats to your families’ well-being.

National Highway Transportation Safety Administration’s (NHTSA) Office of Defect Investigation (ODI) and Consumer Product Safety Commission (CPSC) announce new Recalls & Alerts:

Toyota Airbag Sensor Malfunction Recall

Toyota has issued a recall of approximately 307,000 vehicles due to a defect affecting the frontal airbag sensors. Certain 2008 Highlander, Highlander Hybrid and 2007-2008 RAV4 SUVs may contain a malfunction in the airbag sensors designed to detect the vehicle roll angle. This can prevent the roll detection system from properly activating, significantly increasing the risk of enhanced injury during a crash.

The recall is expected to begin in mid-May 2011 and dealers will inspect the vehicle and perform the necessary service free of charge. Owners may contact Toyota directly at 1-800-331-4331. Additional details can also be found by referencing NHTSA CAMPAIGN ID Number: 11V245000.

Salt and Snow Intrusion Steer Nissan Recall

Nissan has issued a recall of approximately 195,000 vehicles due to a defect affecting the steering column. Certain 1997-2003 Pathfinder and 1993-2004 Infiniti QX4 vehicles that are exposed to snow, water and salt may be at risk for a steering column malfunction, caused by these elements entering the assembly location hole in the upper strut housing. This snow/water and salt intrusion may result in corrosion of the strut tower housing causing cracks, and a potential break in the steering column. These factors can lead to loss of steering control, significantly increasing the risk of a crash.

The recall is expected to begin on or before May 16, 2011 and dealers will inspect the vehicle and perform the necessary service free of charge. Owners may contact Nissan directly at 1-800-647-7261. Additional details can also be found by referencing NHTSA CAMPAIGN ID Number: 11V244000.

Owners are encouraged to contact the National Highway Traffic Safety Administration’s Vehicle Safety Hotline at 1-888-327-4236 (TTY 1-800-424-9153) or go to www.safercar.gov, with any questions or concerns surrounding these or any other recalls or safety campaigns.

Kiddieland Trikes and Scooters Recalled for Laceration Hazards

The U.S. Consumer Product Safety Commission has issued a recall of two different children’s toys manufactured by Kiddieland Toys Limited due to various laceration hazards.

The first recall involves approximately 9,000 “Disney Princess Plastic Racing Trikes” which pose a laceration hazard due to a plastic castle display and princess figures protruding from the top of the handle bars. The trikes are pink and fuchsia with a purple seat and wheels and "Disney Princess" is printed on the label in front of the trike just below the handlebar. The trikes were sold at Target, JCPenney, Meijer and H.E.B. stores nationwide and on the Web at www.target.com from January 2009 through April 2011 for about $50.

Consumers should immediately take the trikes away from children and contact Kiddieland for a free replacement handlebar with an enclosed rotating display. For additional information, contact Kiddieland at (800) 430-5307 anytime, or visit the firm's website at www.kiddieland.com.hk

The second recall involves approximately 16,000 Kiddieland “Lights and Sounds” three-wheeled scooters including a red Spiderman, a blue Thomas & Friends™ and a pink girl’s scooter. A child’s finger can get caught in the hinge mechanism between the steering column and the platform, posing a laceration hazard. The scooters have buttons on the handle that play music and sounds. “Kiddieland” is molded on the back of the steering mechanism. Spiderman or Thomas & Friends™ are found on the steering mechanism and platform. The girl’s model has butterflies on the platform. The scooters were sold at Toys R Us and JCPenney from January 2009 through February 2011 for about $40.

Consumers should immediately take the recalled scooters away from children and contact Kiddieland for a free repair kit. For additional information, contact Kiddieland toll-free at (800) 430-5307 or visit the firm's website at www.kiddieland.com.hk

To report a dangerous product or a product-related injury, call CPSC's Hotline at (800) 638-2772 or CPSC's teletypewriter at (800) 638-8270. Consumers are encouraged to obtain more details on recalls and general safety information by logging on to CPSC's Web site at http://www.cpsc.gov/.

Cohen & Kuvin, LLC
Spencer T. Kuvin
stk@cohenkuvin.com
http://www.cohenkuvin.com/

Breaking News Alert

2011-04-18T11:09:00.002-04:00

Cohen & Kuvin - Breaking News Alert

2011-04-11T11:22:00.001-04:00

We provide these breaking news alerts to ensure consumers are protected and educated in hopes that this information will keep you safe and aware of threats to your families’ well-being.

National Highway Transportation Safety Administration’s (NHTSA) Office of Defect Investigation (ODI) and Consumer Product Safety Commission (CPSC) announce new Recalls & Alerts:

Steering Wheel Separation Recall

General Motors has issued a recall of approximately 2,100 Chevrolet Cruze vehicles for a manufacturing defect affecting the steering column. The steering wheel in certain 2011 cars may have been improperly fastened and can detach from the steering column. If this occurs, the driver may lose the ability to steer the vehicle, significantly increasing the risk of a crash.

The recall is expected to begin on or before April 8, 2011 and dealers will inspect the vehicle and perform the necessary service free of charge. Owners may contact Chevrolet directly at 1-800-630-2438 or visit www.gmownercenter.com. Additional details can also be found by referencing NHTSA CAMPAIGN ID Number: 11V221000

Mercedes Cruise Control Malfunction

Mercedes-Benz has issued a recall of approximately 136,000 vehicles for a defect affecting the cruise control system. Certain 2000-2002 M-Class and 2000-2004 M-Class AMG vehicles may not automatically disengage the cruise control when the brake pedal is tapped. Other methods for disengaging such as using the cruise control stalk are not affected and will remain an option for deceleration in the event the brake does not disengage. A delay or difficulty disengaging the cruise control can increase the risk of crash.

The recall is expected to begin in September 2011 and dealers will inspect the vehicle and perform the necessary service free of charge. Owners may contact Mercedes-Benz directly at 1-800-367-6372. Additional details can also be found by referencing NHTSA CAMPAIGN ID Number: 11V208000

Reverse Controls Result in Matrix Motorcycle Recall

E-Ton is recalling approximately 25,000 Matrix motorcycles for a defect affecting the ignition switch and failure to comply with the federal motor vehicle safety standard no. 213 regarding "motorcycle controls and displays." The following models are included in this recall: Model year 1999-2010 50CC and 150CC, Beamer I, Beamer II, Beamer III, and model year 2007-2010 50CC and 150CC Matrix motorcycles. The engine on/off switch should be located on the right side handlebar and the high/low beam light switch should be located on the left handlebar. These switch locations are reversed on the models listed above. The reverse locations may cause the driver to get confused while operating the bike, increasing the risk of a crash.

The recall schedule has not been set, but owners will be notified, and dealers will inspect the vehicle and perform the necessary service free of charge. Owners may contact E-Ton directly at 1-866-224-3318. Additional details can also be found by referencing NHTSA CAMPAIGN ID Number: 11V189000

Owners are encouraged to contact the National Highway Traffic Safety Administration’s Vehicle Safety Hotline at 1-888-327-4236 (TTY 1-800-424-9153) or go to www.safercar.gov, with any questions or concerns surrounding these or any other recalls or safety campaigns.

Pampers Pacifiers Recalled For Choking Hazard
The U.S. Consumer Product Safety Commission has issued a recall of approximately 29,000 Pampers Natural Stages Infant Ortho and Bulb Pacifiers. The pacifiers fail to meet federal safety standards and pose a choking hazard for young children.
The pacifiers come in yellow, pink or blue colors and "Stage 1" and "Ortho" or "Bulb" are printed on the package. The recalled pacifiers have an oval-shaped mouth guard and "Pampers" molded on to the handle side of the mouth guard. The product comes two per package and were sold in retail stores nationwide from April 2010 through February 2011 for about $6.

Consumers should immediately take the recalled pacifiers away from infants and contact Key Baby for instructions on returning the product for a full refund or $10 coupon toward the purchase of any Pampers® Natural Stages products. For additional information, contact Key Baby toll-free at (800) 447-1224 anytime, or visit the company's web site at www.key-baby.com
To report a dangerous product or a product-related injury, call CPSC's Hotline at (800) 638-2772 or CPSC's teletypewriter at (800) 638-8270. Consumers are encouraged to obtain more details on recalls and general safety information by logging on to CPSC's Web site at http://www.cpsc.gov/.

Spencer T. Kuvin
Cohen & Kuvin, LLC
stk@cohenkuvin.com
http://www.cohenkuvin.com/

Breaking News Alert

2011-04-04T11:10:00.002-04:00

We provide these breaking news alerts to ensure consumers are protected and educated in hopes that this information will keep you safe and aware of threats to your families’ well-being.
National Highway Transportation Safety Administration’s (NHTSA) Office of Defect Investigation (ODI) announces new Recalls & Alerts:

Mercedes-Benz Sprinter Seat Belt Safety Recall

Mercedes-Benz has issued a recall of approximately 3,400 Sprinter vehicles due to non-compliance with Federal Motor Vehicle Safety Standards 208 and 209 addressing occupant protection in interior impact and seat belt assemblies respectively. The issue affects 2008-2011 2500 and 3500 vehicles equipped with an optional three seat bench in the passenger compartment. In the event of a crash, the safety belts in these vehicles may not provide the appropriate level of restraint, increasing the risk of injury or death.

The recall is expected to begin during May 2011 and dealers will inspect the vehicle and perform the necessary service free of charge. Owners may contact Mercedes-Benz directly at 843-695-5000. Additional details can also be found by referencing NHTSA CAMPAIGN ID Number: 11V210000

Volkswagen Jetta Fuse Malfunction Recall

Volkswagen has issued a recall of approximately 71,000 brand new Jetta vehicles manufactured between March 2010 and March 2011. This recall is due to a defect affecting the converter box fuse which may also be connected to the signal horn and anti-theft alarm system. The electrical wiring and fuse layout is defectively designed in that a blown fuse may affect the power supply and cause the engine, lighting and wipers system to shut off. These factors can occur without warning while the vehicle is in operation, greatly increasing the risk of crash.

The recall is expected to begin during May 2011 and dealers will inspect the vehicle and perform the necessary service free of charge. Owners may contact Volkswagen directly at 1-800-822-8987. Additional details can also be found by referencing NHTSA CAMPAIGN ID Number: 11V196000.

Volkswagen Toureg Tire Safety Recall

Volkswagen has issued a recall of approximately 256 new Toureg Hybrid vehicles manufactured between July 2, 2010 and February 3, 2011. This recall is due to non-compliance with Federal Motor Vehicle Safety Standard No. 110 because the certification labels on certain vehicles contain incorrect tire pressure information. Incorrect tire pressure information could lead to an owner improperly inflating the vehicle tires which can lead to premature tire wear and increase the risk of crash.

The recall is expected to begin on or before April 29, 2011 and dealers will provide an overlay containing the correct tire pressure information free of charge. Owners may contact Volkswagen directly at 1-800-822-8987. Additional details can also be found by referencing NHTSA CAMPAIGN ID Number: 11V195000.

Minotour School Buses Tire Safety Recall

Daimler Trucks has issued a recall of approximately 526 Thomas Built Minotour School Buses built on Ford and GM Chassis between April 17, 2000 and August 29, 2008. This recall is due to non-compliance with Federal Motor Vehicle Safety Standard No. 110 because the certification labels on certain vehicles contain incorrect tire pressure information. Incorrect tire pressure information could lead to an owner improperly inflating the vehicle tires which can lead to premature tire wear and increase the risk of crash.

The recall is expected to begin on or before May 28, 2011 and dealers will provide an overlay containing the correct tire pressure information free of charge. Owners may contact DTNA directly at 1-800-547-0712 and reference campaign number FL-602 if they wish to replace the label themselves. Additional details can also be found by referencing NHTSA CAMPAIGN ID Number: 11V204000.

Owners are encouraged to contact the National Highway Traffic Safety Administration’s Vehicle Safety Hotline at 1-888-327-4236 (TTY 1-800-424-9153) or go to http://www.blogger.com/www.safecar.gov, with any questions or concerns surrounding these or any other recalls or safety campaigns.

- Spencer T. Kuvin
Cohen & Kuvin, LLC
561-665-8020
stk@cohenkuvin.com
http://www.cohenkuvin.com/

Toyota Tire Pressure & Honda Odyssey Window Defect

2011-03-28T14:59:00.002-04:00

Breaking News Alert

We provide these breaking news alerts to ensure consumers are protected and educated in hopes that this information will keep you safe and aware of threats to your families’ well-being.
National Highway Transportation Safety Administration’s (NHTSA) Office of Defect Investigation (ODI) and Consumer Product Safety Commission (CPSC) announce new Recalls & Alerts:

Toyota Tire Pressure Detection Defect
Toyota has issued a recall of approximately 1,400 vehicles for failing to comply with federal motor safety standard no. 138 regarding tire pressure monitoring systems. Certain 2011 FJ Cruiser and 2009-2011 Tundra vehicles may not have been properly calibrated preventing a low tire pressure warning from illuminating if the tire pressure is too low. Drivers will not receive a warning from the tire pressuring monitor that one or more tires are underinflated increasing the risk that a vehicle will be driven with one or more underinflated tires and increasing the risk of a tire failure that may lead to a crash.

The recall is expected to begin sometime in April 2011, and dealers will inspect the vehicle and perform the necessary service free of charge. Owners may contact Toyota directly at 1-800-444-1074. Additional details can also be found by referencing NHTSA CAMPAIGN ID Number: 11V185000

Honda Odyssey Window Presents Clear Concern
Honda has issued a recall of approximately 2,800 new vehicles for a defect affecting the driver and front passenger door power windows. Certain 2011 Honda Odyssey vehicles may experience a failure in which the window may come off the track causing the window to become inoperative and preventing it from being rolled up or down or causing it to drop into the door. If this occurs, the window may shatter into the passenger cabin increasing the risk of injury to the vehicle occupants.

The recall is expected to begin on or before April 51, 2011, and dealers will inspect the vehicle and perform the necessary service free of charge. Owners may contact Honda directly at 1-800-999-1009 and reference Honda’s safety recall no.R73 & R74. Additional details can also be found by referencing NHTSA CAMPAIGN ID Number: 11V181000

Owners are encouraged to contact the National Highway Traffic Safety Administration’s Vehicle Safety Hotline at 1-888-327-4236 (TTY 1-800-424-9153) or go to www.safercar.gov, with any questions or concerns surrounding these or any other recalls or safety campaigns.

Second Infant Death Prompts Second Announcement of Crib Recall
The U.S. Consumer Product Safety Commission is re-announcing the 2008 recall of more than 985,000 drop-side cribs with "Crib Trigger Lock and Safety Peg" hardware due to a second infant death. Missing safety pegs can create a situation where the crib's drop-side rail disengages from the track. This can create a hazardous space in which an infant can become entrapped and suffocate.

The cribs were originally recalled in October 2008 after one infant death, but another death of a 7 month old child from Colorado Springs has prompted this additional alert. The crib was purchased secondhand and re-assembled without safety pegs in the bottom tracks."Buying or accepting cribs second hand can be risky," said CPSC Chairman Inez Tenenbaum. "Second hand cribs may not come with all of the necessary parts that are needed to make sure your baby is safe. We urge parents and caregivers to use caution and to be aware that new rules established by CPSC will bring safer cribs to the market this summer."

This announcement includes the following 49 crib models with "Crib Trigger Lock with Safety Peg" drop-side hardware which were sold at major retail stores including Kmart, Target and Walmart between January 1995 and December 2005 (through September 2007 for model 4624) for about $100. Click here for a complete listing of recalled model numbers.
CPSC urges parents and caregivers to immediately stop using cribs that are missing a safety peg on either leg of the drop side and contact Delta to receive a free, easy-to-install repair kit. Call Delta toll-free at (800) 816-5304 or visit the firm's website at www.cribrecallcenter.com to order the free repair kit. Parents and caregivers are encouraged to find a safe, alternative sleep environment for their child until the repair kit, with new safety pegs, is safely installed on the recalled cribs.

To report a dangerous product or a product-related injury, call CPSC's Hotline at (800) 638-2772 or CPSC's teletypewriter at (800) 638-8270. Consumers are encouraged to obtain more details on recalls and general safety information by logging on to CPSC's Web site at http://www.cpsc.gov/.

Spencer T. Kuvin
Cohen & Kuvin, LLC
561-665-8020
http://www.cohenkuvin.com/
stk@cohenkuvin.com

Top 10 Animals that Cause Car Wrecks

2011-02-20T20:17:00.004-05:00

Check out the Top 10 animals that cause car wrecks.

http://www.satellitedish.org/blog/2011/top-10-animals-that-cause-car-wrecks/
Thank you to Satellite Dish for this information.

We have all had it happen to us… It’s late at night and you are driving on a country road or maybe even a highway in the middle of nowhere and then all of sudden something crosses the road in front of you. A near miss and also a notice to be on the lookout as generally animals travel in packs and that probably wasn’t the last animal you are going to encounter. If all goes well we make it out of a tense driving situation without any roadkill (sorry that is a common term whether you like it or not). It’s far from the intentional slaying of animals utilizing your vehicle, these are accidents where animals just happened to get in the way of your car driving down a perfectly good road. It happens a lot more than you might think. Here are the top 10 animals that cause car wrecks:

Deer. For some reason, deer really do find solace in staring at oncoming headlights. Whether they are aware of the threat or not, they seem to prefer standing firm, getting the full force of the vehicle, even taking lives in the mix. There are many lives lost to these types of accidents due to the size and weight of the animals, with many hooves and antlers causing great injury.
Wild turkey. If you are in one of the many areas that carry wild turkeys, you will find that these animals often find their way into the roadway, especially along the highway. This can be extremely dangerous if you are riding at a high rate of speed and attempt to avoid the animal, however, impact isn’t going to be as dangerous as with deer.
Squirrels. There have been commercials mimicking the behaviors of sneaky squirrels that find their way onto the street just as you are passing by. With such small creatures, you often see them only as you advance closer, often leaving you dodging an animal too late and causing many serious car accidents.
Ducks. There are duck crossings everywhere, but unfortunately, not everyone minds them and not all ducks do either. Some ducks can be found astray, while some people may ignore the duck crossing and attempt to go through the cross quickly, often colliding with the animals or flipping the vehicle attempting to avoid collision.
Dogs. There are so many people out there that are great dog lovers, but these friendly creatures can still find themselves led astray by vehicles that lead them elsewhere. As so many people find great pals in dogs, they often try their best to avoid hitting a dog, leading to many accidents.
Cats. There is a similarity between dogs and cats, and that is the love for each by so many. With cats, they are typically quicker, but end up sitting their lazy butts on the street as cars try to go by. In many cases, however, people aren’t given fair warning as cats love to dart out quickly, leading to accidents of all severity.
Birds. While it isn’t as common, there have been many car accidents associated with birds flying upon the windshield or into the windshield, blocking vision and causing a wreck. This is a very dangerous accident, especially if the driver’s vision is impaired by the animal.
Raccoons. There are many areas that are prominent with raccoons that seem to have the same love for the street as many other animals, sometimes finding their way in line with an oncoming animal. For so many people who find these animals to be cute and loving, they often try their best to avoid hitting them, causing an accident instead.
Bunnies. Yes, bunnies, not rabbits, because when they are on the road, everyone is yelling “don’t hit the bunny!” Unfortunately as you are trying not to hit the bunny, there are other vehicles on the road that can crash into you unaware of what you are doing.
Opossum. Opossums are blind naturally, giving them keen hearing but poor ability to navigate around safely when it comes to roadways. With roads often going off into wooded areas and sections, it is easy to find these animals on the road, often causing accidents as people avoid hitting them.
Whether you accidentally hit the animal or crash avoiding the animal, these animals are the most dangerous animals when it comes to car accidents. Hey, let’s be careful on the roads out there!

- Spencer T. Kuvin
Cohen & Kuvin, LLC
stk@cohenkuvin.com
http://www.cohenkuvin.com/
561-665-8020

Latest News From Cohen & Kuvin

2011-02-11T19:06:00.003-05:00

NASA Says Toyota Sudden Acceleration User Error?

After decades of driving vehicles where the gas pedal is located to the right of the brake, drivers still can’t tell the difference. At least that is the general sentiment of NASA scientists, who completed their 10 month investigation of Toyota’s unintended acceleration with the conclusion that there is no evidence that the sudden acceleration was caused by electronic controls. The actual culprits are improperly installed floor mats, sticky pedals and driver error.

According to NHTSA deputy administrator Ron Medford, drivers may have confused the gas and brake pedals, a problem that may account for ‘the vast majority’ of the unintended acceleration incidents the agency investigated. This seems rather suspect considering that the placement of pedals in the vehicle is a standard design. What is not standard is the new electronic throttle control which controls a cars speed using sensors and computer chips to pass commands between the vehicles' gas pedal and the engine. This innovative feature replaces the simple mechanical connection used in older cars. It is clear by the large amount of redactions to the NHTSA report that all of the findings have not been disclosed to the public. It is also very clear that the findings contain blatant shortcomings.

Houston….we have a problem……Are the best and brightest at NASA saying that Americans can’t tell left from right and Toyota’s are safe?

Fourth District Court of Appeal Finds Payday Lending Company’s Contracts Violate Public Policy—Great Victory for Consumer Rights

Florida’s Fourth District Court of Appeal recently held in McKenzie Check Advance v. Betts, 2011 WL 309318 (Fla. 4th DCA Feb. 2, 2011), that the class action bans payday lending companies put in their consumer contracts violate public policy by preventing consumers from vindicating their statutory rights under the Florida Deceptive and Unfair Trade Practices Act and the Florida Civil Remedies for Criminal Practices Act. The payday lending companies, which make their money by charging outrageously (and at one time criminally) high amounts of interest to impoverished people living paycheck to paycheck, have attempted to insulate themselves from class actions because they know that is the only way consumers could realistically challenge the companies’ unfair practices. In a great victory for consumer rights, the Fourth District Court of Appeal removed this protection from payday lenders by holding these class action bans are unenforceable because they violate public policy.

Florida Legislation Proposed to Increase Benefits to Victims of Brain Injury

Chapter 916 of the Florida Statutes provides special care and “forensic services” for mentally ill and mentally deficient criminal defendants. It was the intent of the legislature to provide facilities and programs to treat and train individuals who have been charged with felonies but who are mentally incompetent by reason of mental illness, mental retardation, or autism.

Unfortunately, the statutes do not apply to individuals who are mentally deficient due to traumatic brain injury, a growing “silent epidemic.” Wellington State representative Joseph Abruzzo with the assistance of Palm Beach County Circuit Judge Krista Marx, is attempting to close this loophole by expanding the definition of “mental illness” to include victims with traumatic brain injury.

We applaud Rep. Abruzzo and encourage the legislature to pass his proposed amendments. The traumatically brain injured, whether combat veterans or civilian casualties, often lack the capacity to understand and appreciate the nature of their actions and are certainly entitled to the same benefits as those who are unfortunately born with similar mental deficiencies.

Space Heater Safety Tips

According to the United States Fire Administration, home fires spike during the winter. The risk of home fires increases with the use of supplemental heating, such as space heaters. The U.S. Consumer Product Safety Commission has issued the following tips to ensure your home is safely heated. Never place space heaters on rugs or carpets. They should be placed on a flat and level floor in area free from foot traffic and at least three feet from other flammable materials; such as, bedding, drapes and certain furniture. Additionally, never leave a space heater on when you go to sleep and never place a space heater next to a sleeping person. Finally, if you choose to use a kerosene space heater, never mix in gasoline as even small amounts of gasoline mixed with kerosene can increase the risk of fire. As we all know, beautiful, sunny South Florida is not without its cold days. The staff at Cohen & Kuvin, LLC urge everyone to make sure themselves and their relatives up north stay safe this winter.

http://www.cohenkuvin.com/
stk@cohenkuvin.com

Spencer T. Kuvin
Cohen & Kuvin, LLC
stk@cohenkuvin.com

Why Don't School Buses Have Seatbelts?

2011-02-11T14:47:00.003-05:00

Posted by: Cohen & Kuvin
February 09, 2011
Topic: Seatbelt Safety

Every year vehicles are manufactured boasting innovative features and safeguards designed to protect drivers and passengers. Yet, we have seen very little innovation in school bus safety, starting with the absence of seatbelts.

There are a host of studies that claim school buses are one of the safest modes of transportation, so federal law only requires seatbelts in buses under 10,000 pounds. However, 80% of the nations' school bus fleet exceeds that weight limit, and in those cases, the decision to provide seatbelts is up to the individual states.

Current safety standards in schools buses are characterized by compartmentalization, a system of tightly spaced seats covered with 4-inch-thick foam to form a protective bubble. The high seat backs also serve as a buffer to prevent a child from being launched in the air.

The reality is that installing seatbelts in every school bus is extremely cost prohibitive and may pose another hazard of kids whacking each other with the straps. Further, who is to say that fidgety kids will wear the belt, and who is responsible for enforcing them?

According to National Highway Traffic Safety Administration (NHTSA), an average of 7 school-age passengers are killed in school bus crashes each year. These numbers make it difficult to justify a $117 million per state price tag. In fact, NHTSA said its research suggests that the benefits are "insufficient to justify a federal requirement for mandatory installation of such belts" in larger buses.

Florida is one of 6 states that now requires seat belts or another restraint system that meets federal standards on newer buses and requires passengers to use them. For now, the best tip for a safe ride is encouraging children to practice good safety etiquette on the bus including: remaining seated during the entire bus ride or until the driver says otherwise, keeping aisles clear of backpacks and belongings, talking quietly and politely and always following the driver's directions during an emergency.

- Spencer Kuvin
Cohen & Kuvin, P.A.
http://www.cohenkuvin.com/
stk@cohenkuvin.com

Article: Potential health threat leads FDA to severely restrict diabetics' use of popular Avandia drug

2010-09-26T08:28:00.004-04:00

Potential health threat leads FDA to severely restrict diabetics' use of popular Avandia drug
http://www.palmbeachpost.com/news/state/potential-health-threat-leads-fda-to-severely-restrict-934150.html

Spencer Kuvin

Cohen & Kuvin, LLC
stk@cohenkuvin.com

NYTimes: Toyota Settles Over Death of Family in California

2010-09-18T13:21:00.001-04:00

From The New York Times:
Toyota Settles Over Death of Family in California
The family, killed when the Lexus sedan they were driving sped out of control, put a national spotlight on the sudden acceleration problems.
http://nyti.ms/92Zcwp
Spencer T. Kuvin
Cohen & Kuvin
561-665-8020
stk@cohenkuvin.com

Could Crib Tents Become a Regulated Product?

2010-09-07T16:11:00.004-04:00

Reprinted with Permission from Safety Record Blog, Copyright Safety Research Stategies, 2010

http://www.safetyresearch.net/

On December 27, 2008, the strangulation death of Noah Thompson by a Tots In Mind crib tent became the first to be investigated by the U.S. Consumer Product Safety Commission involving this unregulated product. Eighteen months later, in July, the commission and the manufacturer finally announced a recall featuring a repair remedy for the attachment clips.

The Thompson case underscores two continuing weaknesses in the regulatory framework meant to ensure the safety of juvenile products: long gaps between the time when a product is deemed hazardous and a recall, and the difficulty in dealing with baby products that fall outside of the CPSC regulations and are not manufactured to any voluntary or mandatory standard.

The CPSC says that the Tots In Mind recall may only be the first action it takes to protect toddlers from the design deficiencies of crib tents.

“CPSC’s Safe Sleep team is reviewing incidents with crib tents to determine the best approach to take with this product class to ensure the safety of young children,” says Scott Wolfson, the CPSC’s Director of its Office of Information and Public Affairs.
In the meantime, Crib Tents continue to be manufactured without regard to established safety standards and marketed under the presumption that they are safe to use with vulnerable populations in situations where adults are absent.

Safety Research & Strategies, which investigated the safety of cribs tents after a Virginia toddler suffered a lifelong brain injury caused by a crib-tent strangulation, turned its findings over to the CPSC. SRS President Sean Kane doesn’t believe that the recall goes far enough.

“We understand that the CPSC is restricted by their regulations in pressing the recall of an unregulated product, but the reality is that there are inherent problems with the design that are not being addressed by the recall.”

The Long Road to a Recall

Thompson was only two years old when he attempted to climb out of a play yard covered by a crib tent – a mesh-covered dome placed over a crib or a play yard to prevent toddlers from climbing out. These mesh domes are affixed to the play yard base with plastic clips. Those intended for use in a crib are all-in-one units that sit inside the crib and attach to the crib’s side rails with a hook and loop system. Parents can place or remove their toddlers in or from the enclosure via a zippered side.

According to the CPSC, Thompson was found “hanging with his neck entrapped between the play yard frame and the metal base rod of the tent that had been partially tied by pieces of nylon rope and partially attached by clips.” The Thompsons had improvised the nylon ties, because “the child was able to pop off the clips,” the CPSC said.

The commission said that it was aware of three other incidents in which children were “able to remove one or more clips and place their necks between the tent and the playard,” but were freed without incident.
The July 15 announcement recalled 20,000 Cozy Indoor Outdoor Portable Playard Tents Plus Cabana Kits, manufactured by Tots In Mind of Salem, N.H., the only U.S. manufacturer of crib tents. The remedy was free replacement clips supplied by Tots In Mind. While Thompson’s death was amply reported by the print and broadcast media, the recall received little coverage.

The year-and-a-half lag between the Thompson death and the recall occurred because the commission was not satisfied with the company’s first proposals for corrective action.

“There were numerous proposals by the company which CPSC staff did not accept due to the concern of the safety of a child being at risk with the proposed corrective action,” Wolfson said “We had to be sure new clipping system addressed the concerns that we had. Repair kits must be submitted to the CPSC, where they are reviewed and approved by CPSC engineers.”

Lengthy investigations and negotiations with the manufacturer– conducted out of the public purview by law – is a continuing source of frustration for safety advocates says Nancy Cowles, executive director of Kids in Danger.

“The CPSC is always pushing to get the company to agree to do a recall, and that’s part of the reason why I think they take so long,” Cowles said. “Also, so much of what the commission does is secret, so we don’t know at what point they had all the information to do a recall.”

The CPSC has other ways to alert the public about dangerous child products, says Don Mays of Consumers Union. He pointed to the commission’s recent move to get out ahead of a March recall on the Infantino Sling Rider and Wendy Bellissimo baby slings.

“There was one product responsible for three infant fatalities, but while negotiating the recall, the CPSC issued a public warning about slings and putting infants in slings, and that put the warning shot out there, instead of waiting for the remedy to be developed. I would like to see more of that, especially if they can’t fast-track a recall.”

The Problem with Crib Tents and Other Unregulated Baby Products

The greater challenge will be addressing the more general hazards associated with crib tents. Like many juvenile products, the crib tent was invented to address a specific problem that may be short-lived, but is very frustrating to parents. Caregivers may regard a crib tent as something that will prevent a fall, while ignorant of the suffocation and strangulation hazards it presents.

About a year before Thompson’s death, another toddler, Nicholas Blanco, suffered a severe and permanent brain injury when he became entrapped and strangled by a Cozy Crib Tent. On October 5, 2007, Blanco was in the crib when one of the fiberglass rods supporting the dome type cover broke and fell into the crib, pinning the boy between the support rod and the side of the crib. His mother discovered her son hanging on the outside of the crib with his neck stuck under the rod of the crib tent.

During the course of its investigation, SRS found stories of an unconfirmed death and other potential tragedies involving crib tents. Parents described the mesh tearing at the seams or at other points or the entire structure collapsing – either pulled down by the toddler or inverting under the weight of a pet. In some cases, the parent discovered the child entangled and was able to free it before an injury occurred.

SRS not only shared these complaints with the CPSC, and wrote and wrote an article on the dangers of crib tents (see Crib Tents: Another Hazard from the World of Unregulated Child Products)

The July recall does not address these hazards and Mays says that juvenile products add-ons – such as crib tents – present “all sorts of compatibility products not foreseen by the manufacturers – it might not fit all units.”

“And when that happens, a child’s safety is at risk. If you talk about sleep environments, it becomes particularly risky,” he says.

Cowles of Kids in Danger had more specific concerns:

“My problem with this recall is that they are saying it’s a safe product and it’s not,” she says. “The commission only counts the incident involving the play yard tent. They have other reported breakages with the crib tents. This recall doesn’t say how many parents complained to Tots in Mind and how many products failed.”

Crib Safety and the CPSC

This year, the CPS began rulemaking on new mandatory standards on cribs that could include provisions covering drop side hardware, mattresses, loose and fragile components, such as crib slats. The new rule may effective ban one of the most common designs: drop-side cribs. The proposal was developed by the commission’s Safe Sleep Team, in conjunction with juvenile products manufacturers and ASTM International, the manufacturing standards-setting body, after studying infant incident and injury data.
CPSC’s Safe Sleep team is also charged with coordinating all crib recalls, developing consumer education on product registration and safe sleep practices.

At last month’s CPSC meeting on Agenda and Priorities in fiscal year 2010, Ami Gadhia, on behalf of Consumers Union, Kids in Danger and the Consumer Federation of America, urged the commission to extend their safe sleep effort to other products such as crib tents, sleep positioners, and infant comforters and pillows.

“We are aware of deaths associated with each of these products, some of which have been recalled due to the hazard they pose to infants,” she said.

Crib tents currently are outside the express outlines of the Consumer Product Safety Improvement Act of 2008, which requires the establishment of standards and certificates of compliance for durable juvenile products that fall into 12 categories: cribs; toddler beds; high chairs, booster chairs, and hook-on chairs; bath seats; gates and other enclosures for confining a child; play yards; stationary activity centers; infant carriers; strollers; walkers; swings; and bassinets and cradles.

But, says Wolfson:

“The staff at the agency is considering another dozen juvenile products to turn into mandatory standards. We have not ruled out that this could be a product we might consider under section 104 of the Act.”

-- for more information on this story you can contact Safety Research & Strategies, 340 Anawan St., Rehoboth, MA 02769 (508) 252-2333

Spencer T. Kuvin
Cohen & Kuvin, LLC
http://www.cohenkuvin.com/
stk@cohenkuvin.com

Mississippi jury awards deceased baseball player’s family $131 million in retrial

2010-09-02T17:52:00.003-04:00

New York Mets prospect Brian Cole was killed in a 2001 Ford Explorer rollover crash after he was thrown from the vehicle despite wearing a seatbelt.

PALM BEACH GARDENS, Fla. And LAUREL, Miss.—Today a jury awarded Gregory Cole $131 million in the retrial of his case against Ford Motor Company, which does not include punitive damages. Attorneys for Cole argued that a defective seat belt loosened during a rollover accident and caused the death of his baseball player son, Brian, in 2001, when the younger Cole was driving his father’s Ford Explorer from Florida to Mississippi to return the vehicle to him after spring training.

Brian Cole was a promising 22 year old outfielder and New York Mets prospect at the time of his death. It is the third trial for Cole vs. Watson Quality Ford. The case resulted in a hung jury in February of this year.

Cole and his 17 year old cousin, Ryan, were traveling westbound on State Highway 8, near the Florida-Georgia border, when a car veered into their lane and Cole swerved to avoid it, losing control of the Explorer, which rolled over, his lawyers argued, due to the vehicle’s faulty design. He was then thrown from the vehicle despite having his seat belt properly fastened, which, according to Mr. Cole’s attorneys, is a widely disputed problem in Ford SUVs in addition to the alleged rollover tendency, especially when a tire has blown.

“Justice has been delivered today,” said Ted Leopold, managing partner of Palm Beach Gardens, Florida, consumer justice law firm Leopold~Kuvin, P.A. “Today’s verdict sends a loud message to Ford Motor Company and other automakers to improve the safety of their vehicles and to start putting people before profits,” he said.

Spencer T. Kuvin, Esq.
Cohen & Kuvin, LLC
http://www.cohenkuvin.com/
stk@cohenkuvin.com

BREAKING NEWS - FORD WINDSTAR RECALL

2010-08-27T17:04:00.001-04:00

Ford Windstar

Ford Motor Company (Ford) has announced a voluntary recall of 575,000 model year 1997 – 2003 Windstar minivans for rear axle fractures from corrosion due to the design. Axle fractures on both the right and left side have been identified and affect vehicle handling, which increases risk of crash, injury or death. The recall was instigated by the National Highway Traffic Safety Administration (NHTSA) after it opened a preliminary investigation in May 2010. The federal regulators had received over 200 reports of rear axle fracture due to the design, which had resulted in 2 crashes; however, the amount of complaints has now risen to 950.

The recall for the Windstar – which is no longer in production – applies to vehicles in 21 states (Connecticut, Delaware, Illinois, Indiana, Iowa, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, New Hampshire, New Jersey, New York, Ohio, Pennsylvania, Rhode Island, Vermont, West Virginia and Wisconsin), the District of Columbia and Canada where road salt corrosion is thought to be more common.

Ford will notify affected owners in the very near future and ask them to bring their vehicles to their local dealers for inspection and any necessary repairs. Ford dealers at no charge to customers will reinforce the axles of the affected vehicles as parts are available. If it’s determined the axle can’t be reinforced, it will be replaced as soon as parts are available. Ford will provide for rental vehicles for customers until the rear axle of their vehicle has been replaced.

Owners are encouraged to contact the National Highway Traffic Safety Administration’s Vehicle Safety Hotline at 1-888-327-4236 (TTY 1-800-424-9153) or go to www.safercar.gov, with any questions or concerns surrounding this or any other recall or safety campaign.

Spencer Kuvin
Cohen & Kuvin, LLC
http://www.cohenkuvin.com/
stk@cohenkuvin.com

Toyota Recalls More Vehicles

2010-08-27T11:31:00.004-04:00

Toyota Motor Sales (TMS), U.S.A., Inc., today announced that it will conduct a voluntary safety recall involving approximately 1.13 million 2005-2008 Model Year Toyota Corolla and Corolla Matrix vehicles sold in the United States to address some Engine Control Modules (ECM) that may have been improperly manufactured. On vehicles equipped with the 1ZZ-FE engine and two-wheel drive, there is a possibility that a crack may develop at certain solder points or on the electronic component used to protect circuits against excessive voltage (varistor), on the ECM’s circuit board. In most cases, if a crack occurs at certain solder points or on certain varistors, the check engine may illuminate, harsh shifting could result, or the engine may not start. In limited instances, if cracking occurs on particular solder points or varistors, the engine could stop while the vehicle is being driven.

As part of the recall, the ECM on involved vehicles will be replaced at no charge to the owner. Beginning in mid-September 2010, Toyota will mail an interim notification to advise owners of this recall and the fact that they will receive a future notice when parts become available to complete the repairs. Owners who have previously paid for replacement of the ECM to address this specific condition should refer to the owner letter for reimbursement consideration instructions.

Detailed information and answers to questions are available to customers at www.toyota.com/recall and at the Toyota Customer Experience Center at 1-800-331-4331, Monday through Friday, 5 a.m. to 6 p.m., or Saturday 7 a.m. through 4 p.m. PDT. Owners are encouraged to contact the National Highway Traffic Safety Administration’s Vehicle Safety Hotline at 1-888-327-4236 (TTY 1-800-424-9153) or go to www.safercar.gov, with any questions or concerns surrounding this or any other recall or safety campaign.

- Spencer T. Kuvin
Cohen & Kuvin, LLC
http://www.cohenkuvin.com/
stk@cohenkuvin.com

Location:Toyota Recalls 1.3 Million Vehicles, GM Recalls 200K Toyota Built Vehicles

U.S. Inaction Lets Look-Alike Tubes Kill Patients

2010-08-24T14:43:00.000-04:00

NY Times Story

Thirty-five weeks pregnant, Robin Rodgers was vomiting and losing weight, so her doctor hospitalized her and ordered that she be fed through a tube until the birth of her daughter.

But in a mistake that stemmed from years of lax federal oversight of medical devices, the hospital mixed up the tubes. Instead of snaking a tube through Ms. Rodgers’s nose and into her stomach, the nurse instead coupled the liquid-food bag to a tube that entered a vein.

Putting such food directly into the bloodstream is like pouring concrete down a drain. Ms. Rodgers was soon in agony.

“When I walked into her hospital room, she said, ‘Mom, I’m so scared,’ ” her mother, Glenda Rodgers, recalled. They soon learned that the baby had died.

“And she said, ‘Oh, Mom, she’s dead.’ And I said, ‘I know, but now we have to take care of you,’ ” the mother recalled. And then Robin Rodgers — 24 years old and already the mother of a 3-year-old boy — died on July 18, 2006, as well. (She lived in a small Kansas town, but because of a legal settlement with the hospital, her mother would not identify it.)

Their deaths were among hundreds of deaths or serious injuries that researchers have traced to tube mix-ups. But no one knows the real toll, because this kind of mistake, like medication errors in general, is rarely reported. A 2006 survey of hospitals found that 16 percent had experienced a feeding tube mix-up.

Experts and standards groups have advocated since 1996 that tubes for different functions be made incompatible — just as different nozzles at gas stations prevent drivers from using the wrong fuel.

But action has been delayed by resistance from the medical-device industry and an approval process at the Food and Drug Administration that can discourage safety-related changes.

Hospitals, tube manufacturers, regulators and standards groups all point fingers at one another to explain the delay.

Hospitalized patients often have an array of clear plastic tubing sticking out of their bodies to deliver or extract medicine, nutrition, fluids, gases or blood to veins, arteries, stomachs, skin, lungs or bladders.

Much of the tubing is interchangeable, and with nurses connecting and disconnecting dozens each day, mix-ups happen — sometimes with deadly consequences.

“Nurses should not have to work in an environment where it is even possible to make that kind of mistake,” said Nancy Pratt, a senior vice president at Sharp HealthCare in San Diego who is a vocal advocate for changing the system. “The nuclear power and airline industries would never tolerate a situation where a simple misconnection could lead to a death.”

Tubes intended to inflate blood-pressure cuffs have been connected to intravenous lines, leading to deadly air embolisms. Intravenous fluids have been connected to tubes intended to deliver oxygen, leading to suffocation. And in 2006 Julie Thao, a nurse at St. Mary’s Hospital in Madison, Wis., mistakenly put a spinal anesthetic into a vein, killing 16-year-old Jasmine Gant, who was giving birth.

Ms. Thao, who had worked two eight-hour shifts the day before, was charged with felony neglect. She pleaded no contest to two misdemeanor charges. But experts say such mistakes are possible only because epidural bags are compatible with tubes that deliver medicine intravenously.

“This is a deadly design failure in health care,” said Debora Simmons, a registered nurse at the University of Texas Health Science Center who studies medical errors. “Everybody has put out alerts about this, but nothing has happened from a regulatory standpoint.”

An international standards group is seeking consensus on specific designs on how tubes for different bodily functions should differ, but the group has been laboring for years and its complete recommendations will take years more. Some manufacturers have used color-coding to distinguish tubes for different functions, but with each manufacturer using a different color scheme, the colors have in some cases added to the confusion.

Leopold~Kuvin represents victims of medical negligence. Case evaluations and initial consultations are free. Please call us if a you, a friend, or family member believes that a medical professional has committed negligence.

Spencer T. Kuvin
Leopold~Kuvin, P.A.

skuvin@leopoldkuvin.com
561-515-1400

GM Recalls More Cars

2010-08-23T21:09:00.001-04:00

General Motors (GM) is recalling approximately 207,000 certain model year 2009-2010 Chevrolet Traverse, Buick Enclave, GMC Acadia, and Saturn Outlook vehicles. The second row seat side trip shield restricts the upward rotation of the safety belt buckle when the seat back is returned to a seating position after being folded flat. If the buckle contacts the seat frame, additional effort is required to return the seat to a seating position. If sufficient force is applied, the buckle cover could be pushed down on the strap, exposing and partially depressing the red release button. As a result the safety belt may not restrain the occupant as intended during a crash, thus increasing the risk of injury or death to the occupant.

Dealers will modify the second row seat side trip shields. If a safety belt buckle is damaged, dealers will replace it free of charge. The safety recall is expected to begin on or before August 31, 2010. Owners may contact Chevrolet at 1-800-630-2438; Buick at 1-866-608-8080; GMC at 1-866-996-9463; and Saturn at 1-800-972-8876.

GM’s Recall Number is N100243. Owners are encouraged to contact the National Highway Traffic Safety Administration’s Vehicle Safety Hotline at 1-888-327-4236 (TTY 1-800-424-9153) or go to www.safercar.gov, with any questions or concerns surrounding this or any other recall or safety campaign.

Spencer T. Kuvin
Leopold~Kuvin, PA
skuvin@leopoldkuvin.com

Child killed in fiery crash in Glades

2010-08-16T07:30:00.001-04:00

Child killed in fiery crash in Glades

By Andrew Abramson and Willie Howard
Palm Beach Post Staff Writer

SOUTH BAY — A child was killed and three others were injured in a crash on U.S. 27 this afternoon.
According to Palm Beach County Sheriff's Sgt. John Churchill, a Ford Sport Trac pickup truck on a rural stretch of U.S. 27 came off the northbound lane into a grassy median, rolled over and caught on fire. The man driving the truck was transported by Trauma Hawk to Delray Medical Center, while two of his sons were taken by ambulance to the same hospital.

The body of the man's 9-year-old son was still in the median hours after the crash, covered by a yellow plastic bag, while authorities waited for the medical examiner to officially pronounce him dead.

"(The truck) was so charred it was hard to even get a VIN number," Churchill said.
Bystanders reportedly helped pull victims from the burning vehicle shortly after the crash, which happened around 1:40 p.m.

"People along the mix of cars pulled over and helped out and from what I understand, everybody who got out was pulled out," he said.

Vehicle homicide investigators are continuing to investigate the crash, and don't know what caused the accident. A spokesman for the Sheriff's Department said the investigators were looking into all possible variables, including the roadway or the possibility of a blown tire or vehicle malfunction.

Fuel System Integrity Problems Remain in Light Trucks and Utility Vehicles

The auto industry has made progress in the design of safer fuel systems for passenger cars, but the industry has been grossly negligent in failing to follow similar safety standards for light trucks and utility vehicles. These vehicles are frequently used as passenger cars, but they are exempt from most crashworthiness standards — including standards relating to fuel system integrity. There is no excuse for these omissions except lack of perseverance by the government and the financial greed and political clout of the auto industry.

In any case, innocent members of the public are still the victims.

Leopold ~ Kuvin, P.A. is a respected plaintiffs' personal injury law firm. We have litigated numerous multimillion-dollar automotive crashworthiness lawsuits. Roof crush and rollover accidents are frequently caused by design or manufacturing defects. We have the experience and resources to investigate and litigate complex auto defect cases against the largest automotive companies.Contact Leopold ~ Kuvin for a Complimentary Consultation.

Spencer T. Kuvin

skuvin@leopoldkuvin.com

Leopold~Kuvin, P.A.

561-515-1400

Burt Reynolds & Bobby Bowden (GO NOLES!)

2010-08-12T19:40:00.001-04:00

I had the honor of meeting and having dinner with Burt Reynolds and Bobby Bowden tonight at the Boy Scouts 100th Anniversary event.

- Spencer Kuvin
Leopold~Kuvin, P.A.
www.leopoldkuvin.com

Location:Florida's Turnpike,Riviera Beach,United States

Plaintiffs in Drywall Cases Seek To Block Lowe's Settlement

2010-08-12T15:27:00.000-04:00

Wall Street Journal Article

Lawyers in Louisiana are trying to block a settlement that Lowe's Cos. (LOW) reached earlier this month in Georgia regarding allegedly faulty drywall, saying the deal would be an "end-run" around a federal court's jurisdiction in thousands of other drywall lawsuits.

A plaintiff's committee connected to cases being handled in U.S. District Court in New Orleans asked the court in a filing Monday to enjoin the Lowe's class action settlement, which has received preliminary approval in Superior Court in Muscogee County, Ga.

The attorneys say its members overlap with those covered by the settlement, but they haven't been given proper notice about it. The deal also conflicts with the federal court's management of lawsuits over Chinese-manufactured drywall, attorneys claim.

The Lowe's settlement would cover anyone who bought or installed allegedly defective drywall from Lowe's before July 27, regardless of where it was made. Lowe's has said its vendors didn't import drywall from China.

On Wednesday, Lowe's said it would not comment on other attorneys' claims.

Under its nationwide settlement, Lowe's would distribute $6.5 million in gift cards and pay up to $2.2 million in plaintiffs' attorney fees while admitting no wrongdoing.

Plaintiffs claimed Lowe's sold drywall containing high levels of sulfur or other organic compounds, leading to rotten-egg-like smells and other problems.

Lawyers in the New Orleans cases said the Georgia class-action case "encompasses potentially tens of millions of class members, and yet the proposed settlement provides very few benefits."

Gregory Weiss, a Palm Beach Gardens, Fla., attorney with Leopold~Kuvin who represents a man who says he bought faulty drywall at a Lowe's in the state, said the Georgia settlement shouldn't apply to his client, either.

In that case, which is pending in U.S. District Court in Florida, Chris Brucker claims he built his 2,000-square-foot house with defective drywall from Lowe's that has caused corrosion of equipment and health problems. With repair and replacement costs of about $86 a square foot, Brucker wouldn't recover anywhere near what it costs to fix the home through the Georgia settlement, Weiss said. He hopes to intervene in a fairness hearing on the deal later this year.

"Hopefully this will put the brakes on the settlement, because my client will not be made whole," he said.

At 4 p.m. in New York Stock Exchange composite trading, Lowe's shares fell 11 cents, or 0.6%, to $19.81.

-By Mary Ellen Lloyd, Dow Jones Newswires, 704-948-9145; maryellen.lloyd@dowjones.com

Leopold~Kuvin represents victims of both Chinese and U.S. Drywall.

Spencer T. Kuvin, Esq.
Leopold Kuvin, P.A.
561-515-1400

Lead Risks For Children In Bounce Houses

2010-08-12T12:53:00.000-04:00

http://www.nytimes.com/2010/08/12/us/12bounce.html?_r=1&scp=1&sq=Lead%20bounce%20house&st=cse

Suit Sees Lead Risk in Bounce Houses
By JESSE McKINLEY
Published: August 11, 2010

SAN FRANCISCO — It may be one of the most beloved activities of hyperactive children and the parents who love them: bouncing in a bounce house. But, according to Attorney General Jerry Brown of California, it may also be toxic.

A lawsuit filed Wednesday by Mr. Brown’s office claims that some of the inflatable bounce houses that help entertain — and exhaust — the young guests at children’s parties have unsafe levels of lead, sometimes dozens of times the federal limit.

“I was surprised,” said Mr. Brown, who is running for governor in a state with 2.7 million children under age 5. “But as we test more and more of these products, we find dangers.”

The suit was prompted by a an investigation by the Center for Environmental Health in Oakland, Calif., an advocacy group that tested dozens of bounce houses, concentrating on the vinyl that gives them their bounce.

Lead levels in the vinyl, the tests found, varied from 5,000 parts per million to 29,000, far above the federal limit of 90 to 300 parts per million.

Robert Field, senior vice president of Cutting Edge Creations Inc., a defendant in the suit, called the investigation a “witch hunt” that could seriously damage the bounce-house industry.

“California already has many financial problems,” Mr. Field said. “Do they really wish to potentially place thousands of small-business owners that operate children’s party centers out of business?”

Charles Margulis, a spokesman for the center, said he was not saying that children should stop using the houses, but that they should wipe their hands and faces afterward.

Dr. Megan Schwarzman, a family physician and an associate director at the Berkeley Center for Green Chemistry, said that she had not seen the test results, but that there was no safe level of lead exposure for children. “Everyone is exposed from so many different sources,” Dr. Schwarzman said.

Lead exposure can cause learning disabilities, behavioral problems and, at very high levels, seizures, coma and death, according to the Centers for Disease Control and Prevention.

For his part, Mr. Brown — who does not have children — said his office wanted manufacturers to stop using lead-containing vinyl, and for rental companies and party places to post warnings about lead in bounce houses.

“I certainly don’t want to be a kill joy here,” he said. “I just think parents should be cognizant.”

- Spencer T. Kuvin
Leopold~Kuvin, PA
skuvin@leopoldkuvin.com

Location:Pga Blvd,Palm Beach Gardens,United States

Toyota Is Still On The Hook

2010-08-11T21:28:00.000-04:00

No Black Box Exoneration for Toyota

After the Wall Street Journal plastered the front page a few weeks ago claiming NHTSA had “black box” (aka Event Data Recorder or EDR) data to support that driver error, not electronics, was the cause of the unintended acceleration issues in Toyotas, the headline is back yet again following a NHTSA Congressional briefing yesterday.

The WSJ in a subsequent story identified George Person, recently retired head of the recall division at NHTSA, as the source. (see No Black Box Exoneration for Toyota and Lawsuits Fill in Outline of Toyota Sudden Acceleration Cover-Up)

Person’s leak appears to have prompted the briefing and, based on the briefing memo, Person accurately described the findings. But what is missing from the WSJ – and most other reports about the data – is context.

(And while we’re on the topic of Person, we failed to mention that we do appreciate Mr. Person’s concern about government transparency – Person told the WSJ “When I asked why it hadn’t been published, I was told that the secretary’s office didn’t want to release it.” But he lost us when he claimed “The agency has for too long ignored what I believe is the root cause of the unintended acceleration cases … It’s driver error. It’s pedal misapplication and that what this data shows.” Sorry George, but, we still hold fast that your statement tells more about your bias than it does the facts.)

Let’s start with the data, what is it and what has NHTSA disclosed about it:

NHTSA claims it conducted 58 field inspections and the vehicles it selected for inspection were crashes in which:

“There was an allegation of unintended acceleration or the possibility of unintended acceleration based on preliminary incident information; the vehicle was still available with the EDR intact; the vehicle contained an EDR with pre-crash data; and the owner of the vehicle was willing to allow NHTSA to read the EDR. It is also important to note that most Toyota models manufactured before 2007 were not equipped with EDRs capable of pre-crash data.”

NHTSA noted that it gleaned the following breakdown from the data in the 58 cases:

35 showed no brake application

14 involved partial braking

9 involved braking late in the crash

3 involved early braking

2 involved mid-event braking

1 event was said to have involved pedal entrapment

1 event showed both brake and accelerator application

1 case the EDR contained information related to a separate incident

1 case NHTSA is still working to resolve inconclusive data from the EDR

5 cases resulted in no EDR activation at all

How has NHTSA characterized these findings:

“At this early point in its investigation, NHTSA officials have drawn no conclusions about the additional causes of unintended acceleration in Toyotas beyond the two defects already known – pedal entrapment and sticking gas pedals.”

NHTSA made it clear that these data are only a small piece of the puzzle, and while driver error is a likely cause of some SUA events, the EDR data don’t make for a compelling case that this is all that’s happening – particularly as independent experts and Toyota continue to document events in which the vehicle diagnostic systems fail to detect unwanted acceleration events.

NHTSA has included in the 58 cases events that have “the possibility of unintended acceleration based on preliminary incident information.” How many is not known.

We have examined many possible SUA crash events too, and those “possible” SUA events tend to involve single vehicle run-off-the-road crashes with no explanation and no witnesses. While these events need to be investigated, they are far from the more typical events in which no EDR is activated, the driver, passengers, other witnesses, or in some cases Toyota dealers report first hand engines racing that can’t be explained by mechanical interference or driver error. Some of these cases were detailed in the Multi-District Litigation complaint against Toyota which cited dealer reports produced by Toyota. (see Lawsuits Fill in Outline of Toyota Sudden Acceleration Cover-Up)

The NHTSA EDR data don’t address pre-2007 Toyota / Lexus model vehicles as those vehicles are not equipped with EDRs that capture pre-crash data – yet many of the pre-2007 vehicles (including the Camry and Tacoma) have the highest SUA complaint rates and are not part of any recall.

Safety Research & Strategies has already addressed the murkiness and accuracy of Toyota’s EDR’s (see EDR: Toyota’s Electronic Doubt Receptacle). And since most of the news reports failed to mention it, we would like to remind you again of an important bit of context: Toyota has always stated that the accuracy of the black boxes has never been scientifically validated. In fact, the company fights to keep the data from being used in litigation because it says the EDR data aren’t reliable.

Now, NHTSA’s briefing yesterday noted the agency has done its own EDR validation testing on two 2007 Camry’s and one 2008 Highlander and they have found “Toyota EDR data the same as the data produced by the NHTSA test equipment.” So, what’s the take-away from this set of data: The Toyota EDRs report accurate information when the vehicle is functioning properly. What happens when a vehicle experiences an unintended event, sets no error code, and a crash ensues?

In summary, upwards of 95 percent of the SUA reported incidents don’t involve EDR activation. The recent NHTSA EDR data summary is interesting and worth further examination, but it clearly cannot be extrapolated to the thousands of incidents of SUA in which an EDR didn’t activate and witnesses report racing engines without driver input or mechanical interference.

This entry was posted on Wednesday, August 11th, 2010 at 3:58 pm . You can follow any responses to this entry through the RSS 2.0 feed. Responses are currently closed, but you can trackback from your own site.

48 Million Dollar Courthouse

2010-08-10T08:18:00.000-04:00

http://www.flanews.com/?p=10169

How can the State of Florida afford this type of project when all of the courts throughout the State are facing cutbacks. People are being fired left an right while the First DCA judges are sitting in offices with large flat screen TV's framed in mahogany.

Spencer T. Kuvin
Leopold~Kuvin, PA
561-515-1400
skuvin@leopoldkuvin.com

BREAKING NEWS - NEW HONDA RECALL

2010-08-09T10:33:00.000-04:00

Honda Recalls Issued.

Electrical System Ignition Recall

Honda is recalling certain model year 2003 Honda Accords, Civic two and four door, and model year 2003-2004 Honda Element vehicles for an Electrical System Ignition problem. The interlock lever of the ignition switch may unexpectedly deform, which can allow the interlock function of a vehicle with an automatic transmission to be defeated.

This can allow removal of the ignition key when the gear selector of a vehicle with an automatic transmission has not been shifted to the park position resulting in the vehicle rolling, which increases the risk of a crash and injury.

Dealers will remove the original interlock pin and lever within the ignition switch, and replace them with new, designed components. This service will be performed free of charge. The safety recall is expected to begin on or about September 29, 2010. Owners may contact Honda at 1-800-999-1009. Owners may also contact the National Highway Traffic Safety Administration’s vehicle safety hotline at 1-888-327-4236 or go to http://www.safercar.gov/.

Automatic Transmission Gear Position Recall

Honda is recalling certain model year 2010 Element Automatic Transmission Vehicles manufactured from April 1, 2010 though June 25, 2010. During assembly process, the cable that connects the shift lever to the transmission was not set correctly at the shift lever bracket. As a result the driver may move the gear shift lever, but the transmission may n ot be placed in the selcted gear. This can cause th key to be stuck int eh ignition switch, an inability to shift into or out of par, or an inability to shift into reverse, increasing the risk of a crash. Honda will correct the matter free of charge by correctly setting the shift cable bushing. All owners will be contacted by telephone or by mail. The safety recall is expected to gein on or about August 9, 2010.

Owners may contact Honda at 1-800-999-1009. Owners may also contact the National Highway Traffic Safety Administration’s vehicle safety hotline at 1-888-327-4236 or go to http://www.safercar.gov/

At Leopold~Kuvin we help consumers who have been injured or killed as a result of a manufacturers negligence in the design of defective vehicles. Please contact us at 561-515-1400, or on the web at http://www.leopoldkuvin.com/

Across Nation, Mosque Projects Meet Opposition

2010-08-08T09:05:00.001-04:00

From The New York Times:

Across Nation, Mosque Projects Meet Opposition

Heated confrontations have broken out in communities where mosques are proposed near far less hallowed locations than ground zero in New York City.

http://nyti.ms/b4GGxY

The problem with the opposition to the New York mosque is that it now gives license to the racist groups everywhere to unfairly and improperly persecute Islam in general. Freedom of religion is a fundamental right in this country. Persecution of any group merely because of their religious beliefs is wrong. Stop the maddness, focus on the terrorists and not the religious or religion.

Spencer Kuvin
Leopold~Kuvin, PA
561-515-1400
skuvin@leopoldkuvin.com

Northbound I-95 reopens at Indiantown Road, mutliple accidents still causing some delays

2010-08-07T07:04:00.000-04:00

Northbound I-95 reopens at Indiantown Road, mutliple accidents still causing some delays

Northbound Interstate 95 has reopened at Indiantown Road, but crews are still working multiple accidents in southern Martin County, according to the Florida Highway Patrol.

Approximately 32 vehicles were involved in separate accidents in the Hobe Sound area, an FHP dispatcher said. There appear to be no serious injuries, the dispatcher said.

But the crashes caused multiple roadblocks. The crashes began around 5:30 p.m. and the dispatcher said that there was heavy rain in the area.

As of 9:15 p.m., troopers were still working six crash incidents, according to the FHP website.

Leoplold Kuvin represents injured victims in car and auto crashes and accidents. We are located in North Palm Beach, but we also litigate cases in Martin County, Jupiter and Stuart.

Spencer Kuvin
561-515-1400
Skuvin@leopoldkuvin.com

Toyota Unreal Stories from Paid Actors

2010-08-06T14:15:00.000-04:00

Money for Nothing and Complaints for Free.

Interesting fact: A raft of academic and industry studies show that customers who complain and have their complaint successfully resolved bring in more money to the company than it costs to fix the problem.

In the topsy-turvy Toyota World, however, it’s the customers who are already happy that get the red carpet treatment and big bucks. Have you heard about Nick and Sharyn Davis, from Parker County, Texas? You will soon. According to The Weatherford Democrat, the Davises are among the lucky winners in a Toyota advertising campaign, touting “real people with real stories about their Toyotas. And, the Davises are part of those real people.”

A crew of nearly 100 from an LA ad agency and a catering truck descended on the Davises’ remote ranch. And, after signing the couple up to the Screen Actors Guild, and a 12-hour shoot, the checks started rolling in. By keeping it real for Toyota, the Davises have made $23,000 and counting.

Gee, we’ve got real people with real stories about Toyotas and we didn’t have to pay them a dime. They keep calling us, frustrated because after they’ve suffered a crash after their Toyota took off on them, or merely a very frightening experience or multiple events with different drivers, same car, Toyota writes them a nice letter explaining that nothing is wrong with their vehicle and to please pound sand.

These are the inconvenient real stories – the ones that can’t be explained by floor mats, driver error, or sticky pedals. Check them out (more to come…) These Toyota and Lexus owners are out of considerable cash, afraid to drive a vehicle with a dangerously unpredictable streak and conscience-stricken about selling the vehicle to another victim of Toyota’s decision to roll the dice on SUA.

Unlike the Davises, there’s no check in the mail.

Ginsburg Not Retiring Despite Rumors

2010-08-05T20:28:00.000-04:00

West Wing Report (@WestWingReport)
8/5/10 4:42 PM
Despite speculation, the oldest Justice - 77 y/o old Ruth Bader Ginsburg -says no plans to retire: http://bit.ly/9r9LtR

Sent with Twitter for iPhone

Spencer T. Kuvin

Leopold~Kuvin, PA

561-515-1400

skuvin@leopoldkuvin.com

Countrywide to pay $600 million to settle lawsuits - USATODAY.com

2010-08-04T08:06:00.001-04:00

Countrywide to pay $600 million to settle lawsuits. Unfortunately that is only a fraction of the amount of money that they stole from consumers.

http://usat.me?39541482

Spencer Kuvin
Leopold~Kuvin, PA
561-515-1400
skuvin@leopoldkuvin.com

Florida orders halt to sale of unauthorized health insurance - USATODAY.com

2010-08-03T21:10:00.001-04:00

Florida orders halt to sale of unauthorized health insurance. Alex Sink stops the sale of unauthorized health insurance policies.

http://usat.me?39544128

Spencer Kuvin
Leopold~Kuvin, PA
561-515-1400
skuvin@leopoldkuvin.com

Jury questioning begins in Anna Nicole Smith case

2010-08-02T18:16:00.000-04:00

Jury questioning begins in Anna Nicole Smith case

It will be interesting to see if they can get an impartial jury in the Anna Nicole Smith case.

Woman Dies After Receiving Silicone Injections to Buttocks

2010-08-01T08:02:00.000-04:00

Woman Dies After Receiving Silicone Injections to Buttocks

Medical negligence mixed with vanity can cause disastrous situations. Underground doctors inject non-medical grade silicone into the body which can cause a host of complications. The medical licensing boards fail to take these matters seriously and as a result, complaints about rogue doctors goes unanswered. While there are hundreds of thousands of "good" doctors, there are also bad ones who should be held criminally, professionally and financially responsible for the consequences people suffer at their hands.

At Leopold~Kuvin we handle and investigate medical negligence claims. These claims must be handled with care and only filed after a complete investigation. If there is negligence though, which has caused severe injury to a patient, we work tirelessly to achieve justice for the victim and their family.

Spencer T. Kuvin
Leopold~Kuvin, P.A.
561-515-1400

Epstein Faces Sex-Traffic Probe

2010-07-31T15:38:00.001-04:00

Epstein Faces Sex-Traffic Probe

It appears that the problems are just beginning for sex offender Jeffrey Epstein. Now that the civil litigation and the state charges are over, there is word that the Federal Government may be looking into charges. If this is true, it could mean additional jail time for this former money manager. While justice can sometimes be slow, we can all hope that it remains just.

Court Reverses Florida Campaign Law

2010-07-30T21:25:00.001-04:00

Court reversal of Fla. campaign-finance law a win for Scott in GOP gov race

http://www.palmbeachpost.com/news/state/court-reversal-of-fla-campaign-finance-law-a-833003.html?

Spencer T. Kuvin
Leopold~Kuvin, PA
561-515-1400
skuvin@leopoldkuvin.com

Jeffrey Epstein Investigated for Child Trafficking - The Daily Beast

2010-07-30T15:18:00.000-04:00

http://www.thedailybeast.com/blogs-and-stories/2010-07-29/jeffrey-epstein-feds-probe-possible-child-trafficking-charge/

Spencer T. Kuvin
Leopold~Kuvin, PA
561-515-1400
skuvin@leopoldkuvin.com

Article: Attorneys in multi-million-dollar lawsuit by Treasure Coast furniture dealer rest cases » TCPalm.com

2010-07-30T08:00:00.000-04:00

Attorneys in multi-million-dollar lawsuit by Treasure Coast furniture dealer rest cases » TCPalm.com
http://www.tcpalm.com/news/2010/jul/28/attorneys-in-multi-million-dollar-lawsuit-by/

(Sent from Flipboard)

Spencer Kuvin

Leopold~Kuvin, PA

561-515-1400

skuvin@leopoldkuvin.com

Article: Alt Text: Library of Congress Rulings That Could Have Been | Underwire

2010-07-29T20:54:00.001-04:00

In a ruling that would make Steve Jobs march around like Yosemite Sam, the court held that it is perfectly legal to jailbreak your iPhone.

Alt Text: Library of Congress Rulings That Could Have Been | Underwire
http://www.wired.com/underwire/2010/07/alt-text-library-of-congress/

(Sent from Flipboard)

Spencer Kuvin

Leopold~Kuvin, PA

561-515-1400

skuvin@leopoldkuvin.com

Article: Major Corporations Are Downloading Those 100 Million Facebook Profiles off BitTorrent

2010-07-29T20:46:00.001-04:00

Major Corporations Are Downloading Those 100 Million Facebook Profiles off BitTorrent
http://gizmodo.com/5599970/

If you are concerned you can check the torrent to see who downloaded the information. You have to wonder why major corporations are downloading people's personal information.

Spencer Kuvin

Leopold~Kuvin, PA

561-515-1400

skuvin@leopoldkuvin.com

Cutting after-surgery complications could save lives, money

2010-07-28T20:46:00.000-04:00

Cutting after-surgery complications could save lives, money

One of the biggest problems after surgery is post surgical infections. Hospitals and doctors must wash their hands between patients. This simple task can actually save lives. Patients must also be vigilant in their own healthcare by making sure that their doctors and nurses wash their hands before touching them and only use sterile equipment.

Move to Restrict Pain Killers Puts Onus on Doctors

2010-07-28T20:32:00.002-04:00

From The New York Times:
Move to Restrict Pain Killers Puts Onus on Doctors
Regulators in Washington State are attempting to stem what some see as the excessive use of prescribed narcotics.
http://nyti.ms/bIR9jT
Overdose deaths are the second leading cause of deaths, second only to car accidents. Doctors across the country are not being held accountable for the deaths which are being caused by the over prescription of narcotic pain medications. Someone must hold these professionals responsible! Limitations on medical malpractice liability is not the answer. Shouldn't doctors be held responsible if they give patients that they know are addicted to pain medicine, more drugs? Doctors should not get a free pass on negligent conduct just because they hold an M.D. license.
Spencer Kuvin
Leopold~Kuvin, PA
561-515-1400 skuvin@leopoldkuvin.com

NYTimes: Ex-Judge Recommends No Charges Against Paterson

2010-07-28T20:16:00.002-04:00

From The New York Times:
Ex-Judge Recommends No Charges Against Paterson
The retired judge investigating Gov. David A. Paterson's intervention in a domestic violence case involving a former top aide will not recommend any charges against the governor, according to a person
http://nyti.ms/anOH0F
Spencer Kuvin
Leopold~Kuvin, PA
561-515-1400
skuvin@leopoldkuvin.com

NYTimes: Judge Blocks Disputed Parts of Immigration Law in Arizona

2010-07-28T19:32:00.001-04:00

From The New York Times:

Judge Blocks Disputed Parts of Immigration Law in Arizona

The parts of the law that the judge blocked included the sections that called for officers to check a person's immigration status while enforcing other laws.

http://nyti.ms/d6a4lP

Get The New York Times on your iPhone for free by visiting http://itunes.com/apps/nytimes

Spencer T. Kuvin
Leopold~Kuvin, PA
561-515-1400
skuvin@leopoldkuvin.com

Fwd: BREAKING NEWS ALERT - Nissan Recalls 51,100 Cubes

2010-07-27T21:29:00.002-04:00

Nissan is recalling 51,100 of its Cube hatchbacks in the United States and Canada because of possible problems with fuel spilling during rear-end collisions. In documents filed with the National Highway Traffic Safety Administration, Nissan Motor Co., said Monday tests conducted by NHTSA safety regulators found more fueled spilled than federal standards allow.

Nissan said it will issue a voluntary recall. It notified dealers last week and will contact owners on August 20. Dealers will attach a special projector to prevent leaks. There have been no injuries or incidents reported by drivers, according to Nissan. The recall covers model year 2009 and 2010 Cubes made in 2009.

# # # #

Leopold~Kuvin PA
Consumer Justice Attorneys
2925 PGA Boulevard, Suite 200
Palm Beach Gardens, FL 33410

1-888-376-1253

Article: Class action lawsuit filed over "overheating" iPads

2010-07-27T20:27:00.002-04:00

Class action lawsuit filed over "overheating" iPads
http://arstechnica.com/apple/news/2010/07/class-action-lawsuit-filed-over-overheating-ipads.ars

Should be interesting to see how widespread this problem is. Personally I have not noticed any issues, and I have been using my iPad in Florida everywhere from court to the beach.

(Sent from Flipboard)

Spencer Kuvin

Leopold~Kuvin, PA

561-515-1400

skuvin@leopoldkuvin.com

Does The Disclosure of Pentagon Documents Really Violate the Law?

2010-07-26T21:02:00.000-04:00

Posting of Pentagon documents violates Federal law according to the White House. See story.

Is the disclosure of confidential documents an effective use of the First Amendment and a protection against Government? Or does the disclosure of these documents endanger our troops?

Spencer T. Kuvin

McDonald's "The Last Airbender Katara" Happy Meal Toy Potentially Deadly, Connecticut's Consumer Protection Commissioner Says - Courant.com

2010-07-26T20:29:00.000-04:00

McDonald's "The Last Airbender Katara" Happy Meal Toy Potentially Deadly, Connecticut's Consumer Protection Commissioner Says - Courant.com

Safety apparently is not first for McDonalds. One of their dangerous toys nearly kills a child. While McDonalds clearly should be held responsible for giving small children toys that can kill them, parents must be careful and watch their kids!

If you or your family is injured by a dangerous product call Spencer Kuvin,Esq.

skuvin@leopoldkuvin.com

Israel urges world: Stop Lebanese ships

2010-07-25T11:39:00.000-04:00

Israel urges world: Stop Lebanese ships

Stand strong with Israel to stop the false propaganda regarding these dangerous flotillas.

Tell President Obama that he needs to strongly support Israel’s right to defend itself and that Israel can conduct its own investigation into the incident without the intrusion of international bodies.

As the international community is engaged in a biased rush to judgment against Israel and a diplomatic lynching, now is the time for the United States to firmly stand with the Jewish state and its people. The U.S. must show the world that it not only supports Israel's right to defend its borders and citizens against terrorism, but that it supports Israel's right to protect itself from people who pretend to be "peace activists," and parade under the guise of humanitarians while supporting Hamas and violently attacking Israeli military personnel.

Stand strong and show your support. Sign the petition. Sign here

Tainted Drywall dangers: Thieves, scammers among 'experts’ offering a fix to desperate homeowners

2010-07-25T11:31:00.000-04:00

Chinese drywall is causing disasters for homeowners across the state of Florida. Don't get caught by scam artists who promise to remediate your home. Contact an annorney first to determine what your rights are, and how you should properly go about fixing your home.

Tainted Drywall dangers: Thieves, scammers among 'experts’ offering a fix to desperate homeowners

Leopold Kuvin can help. Please contact us for assistance and advice.

Jeffrey Epstein Is Not A Billionaire

2010-07-23T11:24:00.001-04:00

- Clare O'Connor is an Associate Reporter on the Wealth Team. Forbes Magazine -

Jeffrey Epstein, the underage massage king of Palm Beach, was back in the headlines this week: "Billionaire pedophile goes free," (Daily Beast) "billionare hedge funder" (Business Insider)billionaire sex offender" (Epstein's Florida NBC affiliate). "

What are they talking about? The guy they freed this week after pleading guilty to soliciting an underage prostitute is NOT A BILLIONAIRE. We repeat: not a billionaire. More likely he is worth a fraction of that. Because of so much uncertainty around his numbers, he's never been included in the Forbes 400 list of the richest Americans.

The source of his wealth -- a money management firm in the U.S. Virgin Islands -- generates no public records, nor has hisLe slie Wexner, billionaire founder of The Limited clothing chain, was widely believed to be his benefactor for years and the major source of his wealth: at one time, Epstein was listed as a trustee of The Wexner Foundation, and Wexner reportedly bought Epstein a $13 million New York apartment. client list ever been released. One known client,
But once Epstein was charged with engaging in sexual activity with minors, Wexner dropped his old friend, replacing him with JPMorgan's Dennis Hersch. Without Wexner's backing, Epstein is almost certainly not a billionaire -- so why is he continually labeled one in the press?

It may all come down to an accident of wording. When asked to turn over his finances to the Florida court in May to establish punitive damages, Epstein's lawyers "agreed to a confidential stipulation that his net worth is in excess of nine figures." The Palm Beach Post ran a story following this filing, deeming Epstein a billionaire, while nine figures makes him only a multimillionaire.

"It was a bone of contention with Esptein's lawyers," said Spencer Kuvin, an attorney who represented three of Epstein's alleged victims on the case, of the "billionaire" designation. "In the litigation itself we were never able to get him to produce verified financial information. The 'nine figures' came by negotiation. It kept going up and up and up. They started at zero -- they wouldn't tell us at all."

Kuvin added that he and his team "pursued every possible angle" to find out Epstein's net worth but found that much of his wealth is offshore. "We'll never know now because everything was resolved out of court," he said.

Kuvin added that, for the three young women he represented, Epstein's net worth and the resulting amount of settlement they received did not matter compared to the "psychological pain" caused.

"For my clients, the money didn't really matter," he said. "It was more anger than anything."

~ Spencer Kuvin
Leopold~Kuvin, P.A.
www.leopoldkuvin.com
561-515-1400

Ford Records Another Profit, And Sees More Gains Ahead

2010-07-23T08:17:00.001-04:00

DEARBORN, Mich. — The Ford Motor Company on Friday said it earned $2.6 billion in the second quarter and expected to have more cash than debt by the end of 2011.

It was the fifth consecutive quarterly profit for Ford, whose turnaround has been gaining momentum as it has increased sales and market share in the United States.

- Spencer Kuvin
Leopold~Kuvin, P.A.
www.leopoldkuvin.com

Auto safety experts question makeup of panels studying runaway vehicles

2010-07-22T20:16:00.000-04:00

http://www.washingtonpost.com/wp-dyn/content/article/2010/07/20/AR2010072004272.html

By Kimberly Kindy
Washington Post Staff Writer
Tuesday, July 20, 2010; 3:57 PM

Auto safety experts are criticizing the makeup of two advisory panels that are charged with determining the role of electronics in the sudden unintended acceleration of vehicles.

There are no electronics experts on Toyota Motor Corp.'s seven-member panel and just three on the National Academies of Science's 12-member panel.

"We are very concerned. The outcome and recommendations from these committees will be shaped by who serves on them," said Joan Claybrook, former head of the National Highway Traffic Safety Administration and president emeritus of Public Citizen, the consumer advocacy group. "There is a real absence of engineering expertise, particularly in this area of electronics."

The panels were created in response to congressional hearings this spring, where lawmakers sought information about why runaway vehicles were on the rise and about the federal government's failure to address the problem. So far, 93 people have died in collisions involving the reported sudden unintended acceleration of Toyota vehicles, according to NHTSA data. More than 8 million of the manufacturer's vehicles have been recalled.

Toyota chose former U.S. Secretary of Transportation Rodney Slater to chair its panel. Slater defended the members he selected, saying he wanted individuals with experience on similar panels and a broad-based knowledge about automotive technology.

"I was looking for people who have the ability to reach out to other experts and reserve judgment," Slater said in an interview. "I'm proud of this panel. They have a wealth of experience, and we will be seeking out electronics experts and other experts during the course of our work."

As for the NAS panel, auto safety experts fear that conflicts of interests with four of the panel members will taint its findings: Two members make up the bulk of the electrical expertise, but the engineers spent most of their careers at Ford Motor Co., which ranks just below Toyota in the incidence of runaway vehicles.
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"There are two members for whom we have disclosed conflicts of interest that are unavoidable," said Stephen R. Godwin, director of the NAS Transportation Research Board. "You have to understand how the industry operates, and the committee needs to know what questions to ask."

Watchdog groups are also concerned about a panel member who owns a consulting firm with his son and once worked for Exponent Inc., the company that has conducted recent research for Toyota. The research rejected electronics and malfunctioning electronic throttles as the cause of sudden acceleration.

In response to early criticism, NAS removed one committee member, former NHTSA administrator Nicole Nason. Nason was at the helm during a critical point when the agency was asked to take a more aggressive role with the runaway acceleration problems but failed to do so.

Godwin said the council is planning to add three members with electronics expertise but did not say when the members would be appointed.

"If the safety community wouldn't have raised a fuss, would they have agreed to add new people?" said Clarence Ditlow, executive director for the Center for Auto Safety. "I doubt it, and I'm waiting to see who those people will be. If they have three new people from the auto industry, I would find that disappointing."

The NAS committee has 18 months to research the runaway-vehicle problem before submitting a final report to NHTSA.

Slater said the Toyota panel has about a one-year timeline. He said he hopes to consult with the National Academies committee.

Clarence Ditlow
Executive Director
Center for Auto Safety
1825 Connecticut Ave NW
Washington DC 20009

No Ruling on AZ Law

2010-07-22T18:45:00.000-04:00

After hearings on the constitutionality of AZ immigration law, still no ruling.

No ruling after hearings on Ariz. immigration law
http://www.palmbeachpost.com/news/nation/no-ruling-after-hearings-on-ariz-immigration-law-816915.html?cxtype=rss_news_220987

- Posted using BlogPress from my iPhone

Location:West Palm Beach,United States

Florida Justice

2010-07-21T18:47:00.001-04:00

FJA (@floridajustice)
7/21/10 12:01 PM
July 20, the 1st DCA quashed a trial court order denying a patient the rt 2 his own adverse incident records. Opinion http://bit.ly/FJAcases

Sent with Twitter for iPhone

Spencer T. Kuvin

Leopold~Kuvin, PA

561-515-1400

skuvin@leopoldkuvin.com

Jeffrey Epstein free man | palm, free, beach - Top Story - WPEC 12 West Palm Beach

2010-07-21T14:24:00.000-04:00

PALM BEACH---Palm beach billionaire, Jeffrey Epstein will officially end his year long house arrest sentence today and become a free man.

Dozens of young woman say Epstein enticed them to his home where they performed sexual massages on the billionaire. Epstein was never fully charged with all the accusations instead cutting a deal and only pleading guilty to one count of soliciting prostitution.

Several civil lawsuits were filed and all settled out of court. Spencer Kuvin, an attorney for three of the alleged victims, says Epstein's release Wednesday will close the book on one ugly chapter of his client's lives. Kuvin said, "my clients have to live with this everyday for the rest of their lives. As they grow older they are always going to be living with this issue."

Rumors have surfaced Epstein could be moving, but his attorney told a local paper he is not selling his Palm Beach mansion.

Jeffrey Epstein free man | palm, free, beach - Top Story - WPEC 12 West Palm Beach

The Jeffrey Epstein Deposition

2010-07-21T09:25:00.000-04:00

Cohen & Kuvin July 2010 Newsletter

2010-07-21T09:17:00.002-04:00

Hotels.com, Expedia implement settlement and launch new website features to assist disabled travelers

Public Justice, America's public interest law firm, was one of several law firms that helped to allow disabled travelers to search for and reserve hotel rooms that have accessible accommodations on hotels.com and Expedia, Inc. websites.
Travelers who need accommodations such as wheelchair accessible pathways, roll-in showers, Braille signage and/or telephone equipment for the deaf can now use hotels.com and expedia.com websites to search for lodgings offering these features. Requests will be reviewed by the company's customer service personnel who will contact the hotel to attempt to reserve a room that fits the bill. Travelers will then receive an email either confirming the reservations have been made or offering to help locate an equivalent room at another hotel. The website improvements were negotiated last year in a settlement of a class action lawsuit, Smith v. Hotels.com, LP. The Plaintiffs and their attorneys, Public Justice and others, allege that hotels.com's failure to accommodate the needs of disabled travelers was a discriminatory practice which violated California law.

Sony Recalls VAIO Laptop Computers Due to Burn Hazar

The U.S. Consumer Product Safety Commission (CPSC), in cooperation with Sony Electronics Inc. of San Diego, Calif., announced a voluntary recall on June 30, 2010 of the various models within the VPCF11 and VPCCW2 series Notebook computers. The computers are available in many colors and have "VAIO" on the front outside panel. Consumers should stop using recalled products immediately unless otherwise instructed. This recall effects about 233,000 computers. Sony has received 30 reports of units overheating resulting in deformed keyboards and casings. No injuries have been reported at the time of the recall; however, CPSC is interested in receiving incident or injury reports that are either directly related to this product recall or involve a different hazard with the same product. Please tell CPSC about it by visiting https://www.cpsc.gov/cgibin/incident.aspx

The Mission of the CPSC and It's Role In Consumer Safety

The U.S. Consumer Product Safety Commission is charged with protecting the public from unreasonable risks of serious injury or death from thousands of types of consumer products under the agency's jurisdiction. The CPSC is committed to protecting consumers and families from products that pose a fire, electrical, chemical, or mechanical hazard. The CPSC's work to ensure the safety of consumer products - such as toys, cribs, power tools, cigarette lighters, and household chemicals - contributed significantly to the decline in the rate of deaths and injuries associated with consumer products over the past 30 years.
To report any dangerous product or a product-related injury, call CPSC's Hotline at (800) 638-2772 or CPSC's teletypewriter at (301) 595-7054. To join a CPSC e-mail subscription list, please go to https://www.cpsc.gov/cpsclist.aspx. Consumers can obtain recall and general safety information by logging on to CPSC's Web site at www.cpsc.gov.

Toyota Motor Corp. Has Recalled 270,000 Vehicles Worldwide

Toyota Motor Corp. has recalled 270,000 vehicles worldwide to fix faulty engines. The recall includes seven models of luxury Lexus sedans. The recall centers around the problem of defective engines that can stall while the vehicle is moving. Leading to the recall was the fact that Toyota has received over 200 complaints regarding the faulty engines.

Cohen & Kuvin, LLC
Delray Beach, FL
http://www.cohenkuvin.com/
stk@cohenkuvin.com
561-665-8020

Man Sues Tire Maker over Wife's Death | roll, left, crash - WPEC 12 West Palm Beach

2010-07-21T08:38:00.000-04:00

The danger of aged tires. Everyone should check the date of manufacture of their tires to prevent a blowout and tragic crash. Leopold~Kuvin works to obtain justice for those individuals who are the victim of roll over crashes.

Man Sues Tire Maker over Wife's Death | roll, left, crash - WPEC 12 West Palm Beach

Billionaire Pedophile Goes Free

2010-07-21T08:30:00.001-04:00

Billionaire Pedophile Goes Free

News of his release is breaking worldwide.

• Palm Beach’s police chief objected to Epstein’s “special treatment” and gave The Daily Beast an exclusive look at his nine-hour deposition about the investigation.

• Earlier versions of the U.S attorney’s charges, including a sealed 53-page indictment, could have landed Epstein in prison for 20 years.

• Victims alleged that Epstein molested underage girls from South America, Europe, and the former Soviet republics, including three 12-year-old girls brought over from France as a birthday gift.

• The victims also alleged trips out of state and abroad on Epstein’s private jets, which would be evidence of sex trafficking—a much more serious federal crime than the state charges Epstein was convicted of.

• Epstein’s attorneys investigated members of the Palm Beach Police Department, while others ordered private investigators to follow and intimidate the victims’ families; one even posed as a police officer.

• Then-Attorney General Alberto Gonzales told The Daily Beast that he “would have instructed the Justice Department to pursue justice without making a political mess.”

For Palm Beach sex offender Jeffrey Epstein, house arrest in home stretch

2010-07-20T21:45:00.000-04:00

http://www.palmbeachdailynews.com/news/for-palm-beach-sex-offender-jeffrey-epstein-house-808694.html
Attorney Spencer Kuvin, who secured settlements for two victims, said the bottom line is they were minors.

“Does that mean we should let every child molester go because we can’t find a teenager with no baggage?” Kuvin said. “He specifically sought out girls who were damaged — emotionally or otherwise. He went after poor, underprivileged, troubled girls so that he could take advantage of them and no one would question it. What if he was going after young girls on Palm Beach island? I guarantee things would have been different. He was bottom fishing in Royal Palm Beach and got away with it.”
Kuvin and others who represented the minors say they are happy their cases are settled and their clients can try to put the past behind them.

But many are not happy with the plea deal and the relaxed house arrest conditions Epstein received.

Fairness for Epstein?

2010-07-20T21:43:00.001-04:00

http://blogs.palmbeachpost.com/opinionzone/2010/07/20/3619/

by Opinion Staff

Jeffrey Epstein’s year-long probation ends today. Epstein’s punishment didn’t fit his crimes, but that hasn’t stopped the billionaire money manager who paid teenage girls for sex and massages at his Palm Beach mansion from complaining.

Epstein whined to probation officers about the restrictions of his sentence. Yeah, he had it tough. During the first four months of this year, Epstein traveled nearly every week to his home in New York City or his private Caribbean island — with the approval of his probation officers. During the 13 months he served of his 18-month sentence — in the Palm Beach County Jail instead of state prison, where inmates with such sentences usually go — Epstein was let out on weekdays and some weekends as part of a work-release program.

Epstein’s soft time flowed from his soft treatment by state and federal law enforcement officials after Palm Beach police first turned his case over to former State Attorney Barry Krischer in 2006.
The U.S. Attorney’s Office and the FBI investigated after allegations that Mr. Krischer’s office wasn’t doing enough. Instead of filing charges that would have led to more prison time, federal officials struck an unusual, secret non-prosecution agreement in which Epstein would plead guilty to the state charges, register as a sex offender and serve the 18 months.

Spencer Kuvin, the attorney for the woman who was 14 when she first gave Epstein a sexually charged massage, said of his client, now 20, “Both the criminal process and the civil process just really disgusted her. She felt that he didn’t receive anywhere near the punishment he should have received.” His client, along with about two dozen others, reached a confidential settlement with Epstein.

Top Secret America

2010-07-20T21:30:00.002-04:00

Top Secret America - http://projects.washingtonpost.com/top-secret-america Post exposes the billions in waste in our intelligence agencies.

Toyota Grand Jury Subpoena

2010-07-20T21:29:00.003-04:00

Toyota Receives Subpoena on Steering Flaws http://nyti.ms/atbM7g This is what happens when you let profit machines oversee themselves.

A federal grand jury in New York has subpoenaed Toyota Motor, seeking information on steering-related defects in its vehicles. The move could widen an investigation into the automaker’s handling of a recall in 2005.

Testing Email to Blogger

2010-07-20T21:23:00.001-04:00

Trying to get this email to work.

Jeffrey Epstein is out!

2010-07-20T20:09:00.001-04:00

http://j.mp/9pJ5vc He is out and on the loose.

Court OKs unsealing multimillionaire Palm Beach sex offender's secret federal deal in teen prostitution case

2009-09-03T19:21:00.001-04:00

Court OKs unsealing multimillionaire Palm Beach sex offender's secret federal deal in teen prostitution case

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New Book

2008-05-04T16:52:00.001-04:00

Check out my wife's new memoir. Jennifer Sklyark Kuvin's latest journey through her past with troubling insight into incest, survival, spiritual and emotional growth.

Vacation Time

2007-08-04T18:11:00.000-04:00

Hangin in Key Biscayne at the beginning of week long vacation.

Back from the Keys

2005-07-17T19:56:00.000-04:00

Well we just got back from the Keys. Brother got married.