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Did You Know? Clark, Fountain, La Vista, Prather, Keen & Littky-Rubin, LLP has been recognized in the 2012-2013 edition of the U.S. News & World Report and Best Lawyers™ rankings of the "Best Law Firms" in the country. The firm received a prestigious Tier 1 ranking in the areas of personal injury litigation, medical malpractice law and product liability litigation.
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FIRM RESULTS & UPDATES
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Firm Files Unique Wrongful Death Case for Chlorine Gas Overexposure
Attorneys Don Fountain and Poorad Razavi recently filed a law suit on behalf of their client for the wrongful death of her husband, who died from exposure to chlorine gas while working at his employer's place of business.The suit names as defendants, Palm Beach County-based franchisee Coastal Chemical, Inc. and its franchisor, California International Chemical Company, Inc. Razavi said the basis of the suit is the employer's negligence and strict liability.
"We accepted this case not only to provide some measure of justice for our client," he said, "but also to highlight the need for greater safety practices by companies that handle large quantities of extremely deadly substances that have the potential to cause widespread devastation to the public in general."
Drowning Death of Disabled Teen the Basis of Clark Fountain Case
Attorney David Prather recently filed a wrongful death suit against The Children's Place at Home Safe Foundation, Inc., involving the drowning death of a 17-year-old mentally and emotionally disabled girl during a sponsored field trip to the beach. On behalf of the client, Clark Fountain alleges that the lack of supervision provided by the defendantšs staff and the failure of staff to take proper precautions, given that the girl could not swim, led to the tragic events that took place February 2012 at Lake Worth beach.
Demand Action on Floridašs Wrongful Death Act
Many people who call inquiring about a loved one whose death was possibly caused by medical negligence are shocked to learn that, unless the decedent left a surviving spouse or children under the age of 25, no legal claim for medical negligence can be pursued in Florida, even if the malpractice is clear and undisputed. Years ago, the Florida Legislature yielded to the powerful lobbyists of the Florida Medical Association and created a special exception to the Wrongful Death Act. If you have the opportunity, write to your state legislator and implore them to right this wrong.
Clark Fountain Fights for Settlement to Aid Car Accident Victim
A car accident, in which the defendant admittedly ran a red light, resulted in Clark Fountain's client suffering from immediate back, abdominal and neck pain, as well as herniated discs, which required back surgery. Our client's surgery left him with permanent erectile dysfunction and residual leg and low back pain. The matter was settled for $750,000, which will be used to provide care and treatment for him over his lifetime.
Negligent Teacher Supervision At Heart of Student Injury
Clark Fountain's client, a 15-year-old boy, was injured playing tackle football in gym class. The injury took place while the student was under the negligent supervision of a substitute teacher, employed by the School District of Palm Beach County. Our client sustained a displaced patella fracture of his left knee and was forced to undergo several medical procedures to correct the injury and to address a resulting infection. The matter was resolved for $85,000 of the $100,000 sovereign immunity limits.
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CONSUMER ALERTS IN THE NEWS
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Chrysler Recalls 744,800+ Liberty and Grand Cherokees for Faulty Airbags
Chrysler is recalling more than 744,800 model year 2002 and 2003 Jeep Liberty vehicles and 2002 through 2004 Jeep Grand Cherokee vehicles in the U.S., due to a potential airbag malfunction. A component in the air bag control module may fail causing the front airbags, side curtain airbags, and/or seatbelt pretensioners to deploy inadvertently while the vehicle is being operated. Inadvertent deployment of the airbags may increase the risk of injury and the possibility of a vehicle crash. Learn more here.
FDA Announces Recall of Ethicon Endo-Surgery Circular Stapler Sets
The Food & Drug Administration notified healthcare professionals of a Class I Recall of Ethicon endo-surgery circular stapler sets because of the difficulty users have firing the stapler devices, resulting in incomplete firing stroke and incomplete staple formation. Failure to complete the firing stroke of the stapler can result in severe pain, sphincter dysfunction, rectal wall damage, sepsis and other serious complications. Read more here.
BMW's Comfort Access Options Leads to Two Recalls
BMW is recalling 7,485 model year 2005-2007 7-Series vehicles, equipped with both Comfort Access and Soft Close Automatic options. Due to a software problem, the doors may appear to be closed and latched, but, in fact, may inadvertently open.The door may unexpectedly open due to road or driving conditions or occupant contact with the door. The sudden opening may result in occupant ejection or increase the risk of injury in the event of a crash. Learn more here.
In a separate recall involving the same Comfort Access system, BMW issued a recall for 45,500 model year 2005-2008 7-Series vehicles. The affected vehicles have an electronic key and an electronic connection between the gear shifter and the transmission that automatically shifts the transmission to Park when the driver presses the Start/Stop button to shutdown the engine.
If the driver presses the engine Start/Stop button 2 or 3 times within a short time interval, the system may shift the transmission to Neutral rather than Park. If the driver exits the vehicle with the transmission in Neutral and the parking brake is not applied, the vehicle may rollaway possibly resulting in a crash or cause injury to pedestrians. Read more here.
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Clark, Fountain, La Vista, Prather, Keen & Littky-Rubin is pleased to help you evaluate any factual scenario or potential case you may have. We handle cases on referral or co-counsel bases around the state and country.
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