Posted On: December 21, 2009

Legionnaires' Disease Linked to Epic Hotel and Royal Caribbean Cruise Line Vessel

The Miami based law firm of Hannon & Boyers has been retained by two Danish businessmen who were guests at the Epic Hotel, located at 270 Biscayne Boulevard Way, Miami, Florida 33131. Shortly after staying at the Epic Hotel they began to exhibit signs and symptoms consistent with Legionnaires' Disease. Our clients are currently undergoing medical treatment and evaluation to obtain a definitive diagnosis.

The Miami-Dade County Health Department has reported at least three other cases involving guests at the Epic Hotel who developed Legionnaire’s Disease including. One involved a fatality. According to published reports, it appears that the Epic Hotel installed a water filtration system that allowed waterborne bacteria, including the legionella bacteria to grow. Legionnaires' Disease is usually contracted through exposure to contaminated water vapor from hot showers, Jacuzzis and hot tubs.

It appears that the CDC and other governmental entities have not confirmed the source of the Legionnaire’s Disease, which resulted in at least one death. However, they have reported that this fatal strain of the disease may be linked to a source other than the Epic Hotel.

One family tragically lost a loved one, Tore Myhra, who not only stayed at the Epic Hotel but had also been on board a Royal Caribbean cruise ship during the relevant period. It is believed that more than one person on that cruise ship contracted Legionnaires' Disease. Accordingly, any investigation regarding the source of illness during the pertinent period of time must explore both the culpability of the Epic Hotel and Royal Caribbean Cruise Lines.

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Posted On: December 14, 2009

Pompano Beach Shooting Leaves One Dead, One Injured

Pompano Beach, Florida - One man is dead and was injured in a shooting outside of a Pompano Beach apartment complex.

The fatal shooting occurred Saturday evening when two men who were outside an apartment complex on Avondale Drive were approached by one or more persons. Shots were fired and the victims were transported to North Broward Medical Center in Deerfield Beach where injuries to one of them proved to be fatal.

The shooting is being investigated by BSO homicide detectives. They asked anyone with information to call BSO Homicide Det. Frank Ilarraza at 954-321-4210 or Broward Crime Stoppers at 954-493-8477, or online to www.browardcrimestoppers.org.

Many violent crimes are "crimes of opportunity", meaning they are committed in the place which affords the perpetrator the best opportunity to avoid being seen or caught. Very often that place turns out to be a commercial property like an apartment complex, night club, bank or automated teller machine (ATM) where safety and security have been neglected.

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Posted On: December 9, 2009

Florida Medicaid Fraud Charges Settled by Drug Company

The state of Florida will receive $8.5 million from a settlement with Columbus, Ohio pharmaceutical company, Roxane Laboratories, to partially resolve a Medicaid fraud lawsuit filed in Leon County according to the state attorney general.

The case is still pending against two other defendants, Dey and Warrick Pharmaceuticals.

The settlement comes in response to allegations that Roxane set and reported false, inflated prices for medicines dispensed by pharmacies and others, which were then reimbursed by the Florida Medicaid program. Medicaid sets reimbursement rates based on prices reported by drug companies.

Roxane's fraudulent actions induced Florida's Medicaid program to millions of dollars in inflated pharmacy reimbursements.

The whistle-blower that first reported the fraudulent claims was Ven-A-Care of the Florida Keys. The attorney general is currently litigating against six other drug companies for price-reporting fraud.

The settlement money from the Whistle-blower case will be divided with approximately $4.4 million going to the Agency for Health Care Administration (AHCA), which administers the Medicaid program. Over $1.69 million will be put into the state's general accounts, and approximately $188,000 will be deposited into the legal affairs revolving trust fund, which is used to reward whistle-blowers, people who report and provide information about Medicaid fraud.

Tipsters can call the Hannon & Boyers fraud hot line at 1-800-545-9100 to report medicaid or medicare fraud or any other fraud on the State of Florida or on the government of the United States of America.

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Posted On: December 2, 2009

Dangerous And Unsafe Toys A Concern at Christmas Time

Unsafe Child Products Now Include Popular Disney, Barbie Toys

The dangers of unsafe toys and child products are a major cause for concern, especially during the holiday season. Just prior to the start of the 2009 holiday shopping season, a California-based consumer advocacy organization reported that it had commissioned scientific testing which discovered unsafe levels of lead which exceeded federal limits in popular Disney and Barbie toys, including the Tinkerbell Water Lily Necklace, Dora the Explorer Activity Tote and Barbie Bike Flair Accessory Kit.

As a result of this finding, the California Attorney General sent letters to Target, Wal-Mart and other retailers, warning them that the toys should be immediately pulled from store shelves.

These new findings of excessive lead in popular toys from some of America’s most trusted brands come approximately one year after the passage of a sweeping product safety law that set strict limits on the amounts of lead and chemicals that are allowed in products for children under 12. The law was enacted after a number of recalls for lead-tainted toys were issued in 2007, including several for Mattel that accounted for in excess of two million toys.

It’s important for parents to be aware that dangerous toys, whether tainted with lead and other harmful chemicals or defective in design are still making their way into the hands of U.S. consumers every day.

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Posted On: December 1, 2009

CVS Pharmacy Accused of Selling Expired Pharmaceutical Products

The Florida Injury Lawyer Blog sometimes reports on out of state events which may impact Florida citizens. While this post deals with events which occurred in CVS Pharmacies in Connecticut, CVS does a significant amount of business in our state as well.

Connecticut Attorney General Richard Blumenthal announced Monday that his office has filed a law suit against CVS Pharmacy Inc., a division of CVS Caremark Corp., for allegedly selling over-the-counter drugs and other products in its stores in Connecticut which had already expired.

Blumenthal said that investigators from the AG's office found expired over-the-counter medications as well as certain expired food and beverage items on sale in multiple CVS Pharmacy stores in Connecticut during an investigation which took place in 2008 and 2009.

The Connecticut Department of Consumer Protection cooperated with the AG's office in filing the lawsuit.

In a statement released by the Connecticut AG's office, Mr. Blumenthal said that "Basic business law and ethics give consumers a right to unspoiled food and safe and effective medicine." He also pledged to "...fight for significant penalties against CVS, sending a powerful message that expiration dates must be respected. Any item past its expiration date should be off shelves, out of stores."

Just last month, CVS agreed to pay penalties and fees totaling approximately $875,000 to end an investigation by the New York Attorney General focusing on the sale of expired products in its New York stores.

CVS agreed to implement training for it's employees and to commit to policies and procedures designed to prevent expired products from being stocked on its shelves.

New York Attorney General Cuomo reached a similar agreement with Rite Aid Corporation which resulted in the company agreeing to pay $1.3 million and to adopt new internal policies procedures.

A CVS spokeswoman had this to say in response to the allegations in Connecticut: "[t]he health and safety of our customers is our top priority, and CVS Pharmacy has a clear product removal policy in place at all of its stores to help ensure that items are removed from store shelves before they reach their expiration dates," the spokeswoman said. "Any unintentional deviations from this policy that are brought to the company's attention are quickly rectified for customers. The company is fully committed to maintaining inventory management practices to prevent expired products from being sold to customers."

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