Archive for the ‘Legal’ Category
Monday, October 3rd, 2011
A recent New York Times article highlighted the fast rate of hip implant failures in the United States. (http://www.nytimes.com/2011/10/01/health/01hip.html?_r=1&scp=1&sq=hip%20surgery%20shows%20signs&st=cse)
The article notes that “[a]ll orthopedic implants, regardless of their composition, shed debris as they wear. But researchers say they believe that the particles released by some all-metal hips pose a special threat because scavenger cells dispatched by the body to neutralize the debris convert it into biologically active metallic ions. In some patients, a chain reaction begins that can destroy tissue and muscle.” Unfortunately, this failure was not a complete surprise. “More than a decade ago, some researchers had warned that the hips shed tiny pieces of metallic debris that posed potential health threats to patients. ”
If you have a DePuy or other brand of metal hip implant, please call Bill Robertson today. Bill’s direct dial phone number is 941.364.2433.
Tags: Bill Robertson, DePuy, friction, hip, Hip Replacement, implant, injury, Johnson & Johnson, particles, Personal Injury, recall, William Robertson
Posted in Hip Recall Information, Personal Injury | Comments Off
Monday, September 19th, 2011
On July 13, 2011, the FDA issued a new advisory warning about plastic surgical mesh used during transvaginal surgeries to correct common female gynecological problems. The surgical mesh is made from porous synthetic material and is permanently implanted to reinforce the weakened vaginal wall to repair pelvic organ prolapse or to support the urethra to treat stress urinary incontinence. Physicians in the U.S. perform about 75,000 surgeries utilizing these mesh products each year. From 2008 to 2010, the FDA received more than 1,500 Adverse Event Reports related to complications associated with the plastic mesh.
Some of these serious complications include:
- Infection
- Extreme Pelvic Pain
- Bleeding
- Dyspareunia
- Erosion/Protrusion of Mesh through the Vaginal Wall
- Vaginal Scarring/Deformity
- Multiple Surgeries to Remove imbedded mesh
- Urinary Problems
Studies indicate that about 10% of women who have the mesh placed transvaginally experience mesh erosion within 12 months of surgery and that more than half require additional surgeries to remove the mesh. Mesh erosion can require multiple surgeries to repair and can be debilitating for some women. In some cases, even multiple surgeries will not resolve the complications.
Thousands of women suffering pelvic organ prolapse are treated with plastic mesh each year, but reports indicate surgery can often be performed safely and effectively without the need for mesh. The FDA plans to convene an advisory committee of experts this Fall to determine whether to ban the mesh.
If you or a loved one have suffered a serious complication following mesh-repair surgery for pelvic organ prolapse or stress urinary incontinence, please contact Bill Robertson for information about your legal rights.
Tags: Bill Robertson, bleeding, dyspareunia, erosion, mesh, pain, pelvic, Personal Injury, scarring, surgical mesh, urinary, vaginal mesh, William Robertson
Posted in Legal, Personal Injury, Vaginal Mesh | Comments Off
Thursday, April 14th, 2011
A recent ruling by an Administrative Law Judge on a Manatee County in-fill project raises questions about the viability of anti-sprawl efforts in coastal communities. According to the case summary and news reports, the judge determined that the approval of a Comprehensive Plan Map change by Manatee County was not in compliance with state law because the map change increases residential development density in an area subject to coastal flooding. It is unclear what effect the ruling will have upon efforts by Manatee and Sarasota Counties to curb suburban sprawl into eastward rural lands, where development is often less expensive and easier. The counties have attempted to encourage in-fill and redevelopment projects with a combination of regulations (such as urban service boundaries) and the adoption of incentives (such as the Manatee County “encouragement zones”). The challenge and defeat of this project (led by nearby property owners opposed to the more intense development) adds another element of risk to the cost and predictability challenges policymakers have sought to reduce in an effort to encourage investment in the urban areas of coastal Florida. The timing of the ruling is significant, as Florida’s sprawl-producing growth management regulations cited in the decision are being scrutinized by the Florida Legislature, which has cited such cases as evidence of the need for reform.
Robinson Farms Decision
Posted in County & Local Government, Environmental, Legal, real estate | Comments Off
Wednesday, April 6th, 2011
Kirk Pinkerton congratulates Scott Rudacille for being recognized by Martindale Hubbell as a “Preeminent Lawyer.” Scott is the firm’s latest “AV” rated Preeminent Lawyer. According to Martindale Hubbell, “[a]n AV certification mark is a significant rating accomplishment – a testament to the fact that a lawyer’s peers rank him or her at the highest level of professional excellence.”
Scott is Florida Bar Board Certified in City, County & Local Government Law.
For more information about Scott, here’s a link to his webpage.
Posted in County & Local Government, Legal | Comments Off
Monday, March 7th, 2011
According to Associated Press, David Stern’s Plantation-based law practice will end operations March 31, 2011. “The firm once had more than 1,200 employees and handled tens of thousands of foreclosures each year.”
While one foreclosure mill is closing its doors, many more remain open for business. Lenders and borrowers involved with foreclosures should opt instead for competent local counsel to protect their interests. Got a foreclosure question? Call Brad Hogreve at 941.364.2400.
Tags: borrower, brad hogreve, bradley hogreve, bradley w. hogreve, florida, foreclosure, foreclosure mill, lawsuit, legal, lender, modification, real estate, robo-signer
Posted in Foreclosure, Legal | Comments Off
Wednesday, March 2nd, 2011
Today’s Snyder v. Phelps decision from the Supreme Court of the United States maintained the extensive protections afforded to speech in our country. This case was initiated by a father whose son was killed while serving in the military. Members of the Westboro Baptist Church in Topeka, Kansas, picketed the military funeral, and the father sued claiming that such picketing inflicted severe emotional distress.
Members of the Westboro Baptist Church regularly attend military funerals where they display signs which attribute the deaths of troops in Iraq and Afghanistan to God’s punishment for America’s acceptance of homosexuality.
The Supreme Court found that, however hurtful the protest was for the father, the First Amendment protected the church’s speech.
Here’s the case.
Tags: First Amendment, free speech, military, Phelps, Snyder, Supreme Court, Westboro Baptist Church
Posted in Legal | Comments Off
Wednesday, March 2nd, 2011
The Supreme Court of the United States recently issued Staub v. Proctor Hospital. This decision adhered to a “cat’s paw” theory of employer liability for discrimination i.e., the Court found that employers would be subject to liability for discrimination “where lower-level supervisors with discriminatory motives influence, but do not make, adverse employment decisions made by higher-level managers.” (http://www.stoelrivesworldofemployment.com/2011/03/articles/supreme-court/supreme-court-upholds-cats-paw-theory-in-employment-discrimination-cases/) This decision is expected to make it more difficult for employers to resolve discrimination cases through motions for summary judgment.
Here’s the decision.
Tags: cat's paw, discrimination, employee, employees, employer, employers, Staub v. Proctor Hospital, summary judgment, Supreme Court
Posted in Employment, Legal | Comments Off
Thursday, February 24th, 2011
Owners of property in each of Sarasota’s three Downtown Zoning Districts are receiving notices of a February 28, 2011 public workshop concerning amendments to Sarasota’s Downtown Master Plan. Properties within the Urban Neighborhood, Urban Edge, Downtown Core, and Downtown Bayfront land use classifications are zoned Downtown Neighborhood, Downtown Edge and Downtown Core, respectively. A mixed-use urban zoning code implements the comprehensive land use plan developed for the City by noted planning firm Duany Plater-Zyberk & Co. The Comprehensive Plan contains certain fundamental elements of the “smart code,” which encourages land uses appropriate for the urban area and guarantees permitting for code-compliant projects.
City staff has recommended changes to the Comprehensive Plan that will allow the City to eliminate (a) the expedited review of permits, even if projects follow city codes; and (b) administrative or legislative “adjustments” to the development standards for projects in certain zones in the downtown area. In recommending the changes to the City Commission, City staff cited requests to discourage projects in multiple areas of Sarasota’s downtown as a reason to make the changes across all land use classifications. A downtown discouragement zone cited by one commissioner and by City staff would extend 500′ beyond the RSM-9 zoning district (Laurel Park) and into the downtown (see this proposed zone on the attached map). The City has only officially identified the first area intended to be subject to new restrictions. The proposed changes will mean additional fees, public meetings and red tape for projects in the affected areas. The City is also in the process of developing new subjective criteria to be applied to projects by its political review boards in all zoning districts. Property owners in all downtown zoning districts are urged to become familiar with the proposed amendments and to evaluate the impact that inclusion in a discouragement zone could have on their investment-back expectations and property rights.
S Palm Discouragement Zone_11-CW-07_Notice_022811
Proposed Downtown S Sarasota Discouragement Zone 2 7 2010
If you have any questions about these regulations, contact Casey Colburn, LEED AP, at 941-925-2970, or via email at ccolburn kirkpinkerton.com.
Tags: city of sarasota, comprehensive plan, discouragement zone, downtown bayfront, downtown core, downtown edge, downtown neighborhood, downtown zoning district, land use, master plan, mixed-use, regulations, sarasota, urban edge, urban neighborhood
Posted in Legal, real estate | Comments Off
Thursday, February 24th, 2011
The Wall Street Journal recently reported that “[l]eading attorneys in the U.S. are asking as much as $1,250 an hour, significantly more than in previous years, taking advantage of big clients’ willingness to pay top dollar for certain types of services.” Perhaps, however, the more interesting note in this article was the reported growing number of attorneys who “are using other arrangements in place of hourly billing.”
To those attorneys who are finally getting around to linking attorneys’ fees to results obtained in some matters we say, “It’s about time. We didn’t realize that we were starting a trend – we just thought we were doing right by our clients.”
Tags: attorneys' fees, fees, hourly rate, hourly rates, rate, rates, results, wall street journal
Posted in Business, Legal | Comments Off
