Storms, structural damage, construction, renovations and negligence can all contribute to catastrophic building failure, property damage, injury and death. Let us help you hold those responsible for your loss. No amount of money can help you regain what has been taken away, but we can make sure you and your family are financially supported and compensated for this travesty. Be on the side of justice and help us make sure this doesn’t happen to another family. Contact John Bales Attorneys for a free consultation. If we take on your case, you pay nothing until if/when we win you a settlement or verdict for compensation in your favor. You focus on healing. We’ll focus on holding negligent parties responsible for their actions. Major Structural Damage Revealed in Collapsed Miami-area Condo Inspection Reports On June 24th, 2021 during the early morning hours, the residents of Champlain Towers South Condominium experienced the unthinkable: a partial building collapse. As of the writing of this piece, the death toll of the 12-story building has reached 12, with 149 people unaccounted for. In the aftermath of this travesty, questions abound. Primarily what led to this event and whether or not it could have been prevented. Design Flaws and Failed Waterproofing According to engineers familiar with the structure, 900 days prior to the collapse, significant design flaws and failed waterproofing were noted as threats that could lead to ‘exponential damage’. These documents , released by the town of Surfside Florida include a 40-year unverified inspection report that is purported to have been delivered just 16-hours after the building’s collapse. September 6th 2018 Inspection Report Findings In an inspection report conducted by Frank Morabito, no settlement or bulging was reported at that time. However, of note was that 5% of balcony structural floor slabs showed signs of hairline cracking, and an estimated 8% of concrete slabs in the building plaza and garage showed signs of “concrete deterioration”. The report went on to describe further cracking and spalling of both exterior concrete walls and concrete columns, with one column revealing a wide crack more than 2 millimeters in width. Other notable issues in the report included waterproofing membranes that were “beyond their useful life” and required replacement. October 8th 2018 Inspection Report Findings On October 8th, 2018 a letter was remitted to the condominium associations treasurer detailing recommendations for repairs and potential hazards. One such recommendation detailed the potential consequences of failed waterproofing, noting: “major structural damage” referring to a concrete slab above a garage, and “failure to replace waterproofing in the near future will cause the extent of the concrete damage to expand exponentially.” The author of this letter went on to warn that the building’s design was flawed and that remediation would be complex, noting that this was a “systemic issue”. In the report “abundant” spalling and cracking of beams, walls, and columns in the garage under the tower was also detailed. In engineering and construction, ‘spalling’ is a term used to describe the deterioration of concrete. According to Morabito Consultants, “Abundant cracking and spalling of varying degrees were observed in the concrete columns, beams and walls" of the ground floor parking garage. The report continued on, stating that “Though some of this damage is minor, most of the concrete deterioration needs to be repaired in a timely fashion.” The Experts Weighing In According to personal injury attorney John Bales, of John Bales Attorneys, some of the issues detailed in the report could be indicative of other unforeseen problems. Columbia University professor Matthys Levy, author of “Why Buildings Fall Down: How Structures Fall”, noted that “The damage outlined in that report indicates that the problem is at the bottom of the building" and that "The problem obviously is the report is three years old and nothing was done until, you know, recently". The cost of such required repairs were (at the time) estimated to be around $9 million, although one resident of the building reported to USA Today that they recalled a discussion in which the costs could have run as high as $15 million. Another expert, professor of structural engineering at the University of California Los Angeles, John Wallace, was quoted as saying the catastrophic failure could be due to “…slow degradation over time, maybe the concrete wasn’t placed properly, it could be that the ground had moved somewhat causing it," he went on to say "It could be multiple different things” and that further investigation is warranted. Too Little Too Late Despite the findings of these reports being issued as early as September and October of 2018, it wasn’t until April of 2021 that plans to address them had been solidified. It appeared that some work had previously been done to the concrete slab that supported the plaza and pool, gut that the patchwork and crack repairs were found to have “….performed less than satisfactorily and needs to be completed again” as per the October 2018 report. Negligence and Catastrophe Early information regarding inspection reports and findings indicate that there may have been negligence on behalf of the condo association or building ownership. It appears that there were significant issues found with the building’s construction that posed a real and significant risk to its inhabitants. Although additional investigations are warranted, had these issues been addressed when found, this tragedy may have been avoidable. Who Could Be Held Responsible for This Building Collapse? In the event of a catastrophic building collapse, the first priority is medical treatment and survivor rescue. Often additional investigations are needed to determine who or what parties may be at fault or negligent. Such investigations often begin immediately, but can take considerable time to play out. Negligent Parties May Include: Associations (such as a condo association) Building owners Property management companies Construction companies Engineering and architectural companies And more… What Types of Damages May Victims Qualify to Be Compensated For? Building collapses often cause significant damage to person and property, including serious injuries and death. Common Types of Injuries We Represent Include: Wrongful death Suffocation Amputated limbs Crush injuries Broken bones Compartment syndrome Traumatic brain injury Spinal cord injury Paralysis And more… Types of Compensation You and Your Family May Be Entitled To If you or a loved one were the victim of a building collapse accident, you may be entitled to file a claim or sue for compensation for the following: Lost wages from time off work Lost future earning potential Pain and suffering Medical expenses Rehabilitation Physical and phycological therapy Property damage Loss of companionship And more…

Multaq and Liver Damage The heart rhythm drug Multaq® has been linked to severe liver damage, liver failure , and the need for a liver transplant in some users. What is Multaq used for? Multaq (dronedarone) is in a class of medications called antiarrhythmics, which are designed to help the heart to beat normally. Multaq is used to treat people who have had atrial fibrillation (a heart rhythm disorder that may cause fast and irregular heartbeat) or atrial flutter (a heart rhythm disorder that may cause the heart to beat very fast) within the past six months and who also have other conditions that increase the risk that they will develop heart problems. Multaq is marketed as decreasing the risk that people who have these conditions will need to be hospitalized to treat heart problems. Is Multaq dangerous? The U.S. Food and Drug Administration (FDA) warned that some patients using Multaq have suffered severe liver injury and liver failure leading to liver transplant . What does Multaq look like? Multaq is a white film-coated tablet that should be taken by mouth, usually two times a day with a meal. The standard dose is 400 mg twice a day, regardless of age or weight. There is no generic version. How many people have taken Multaq? The FDA reported that around 492,000 prescriptions were dispensed, and around 147,000 patients filled Multaq prescriptions at outpatient retail pharmacies in the United States since 2009. What is being done to protect consumers? The FDA said it would add a new warning about the risk for liver damage to the label of Multaq. The agency recommended patients should contact their doctor if they experience signs of liver injury, including nausea, vomiting, and fever. If doctors suspect toxicity issues, the patient should discontinue Multaq use and undergo a liver enzyme test. Do I have a case? If you took Multaq and were hospitalized with liver damage or liver failure, if you required a liver transplant, or if a loved one took Multaq and died from liver problems, contact our firm immediately. We want to help. The experienced lawyers at John Bales Attorneys are working to help Multaq liver damage victims get the help they need. Call us at 1-800-CALL-JOHN (1-800-225-5564) or click here to fill out a free online consultation form to learn how we may be able to help you and your loved ones. Darvon and Darvocet Removed from Market As of 2010, Xanodyne Pharmaceuticals, Inc., the maker of the painkiller drugs Darvon® and Darvocet®, has withdrawn these medications from the United States market at the request of the Food and Drug Administration (FDA). Why Are Darvon and Darvocet Considered Dangerous? Darvon and Darvocet contain a chemical known as propoxyphene , which is an opioid used to treat mild to moderate pain. It was first approved by the FDA in 1957 and is sold by prescription under various names alone (e.g., Darvon), or in combination with acetaminophen (e.g., Darvocet). Propoxyphene, however, has been linked to serious heart problems . What Is Being Done to Protect Consumers? The FDA has requested that every drug company remove all products containing propoxyphene from the market. According to the FDA, clinical data suggested the drugs put patients at an increased risk for serious or potentially life-threatening heart rhythm abnormalities . As a result of this data, along with other information, the FDA found that the risks posed by propoxyphene outweighed its pain management benefits. What Symptoms Are Associated with Darvon or Darvocet Use? The adverse symptoms of Darvon or Darvocet use include: • heart attack • heart failure • sudden cardiac death We Want to Help Our law firm is reviewing cases for which objective diagnostic test reports and records are available to document a patient was taking Darvon, Darvocet, or a propoxyphene-containing drug at the time of suffering heart failure, heart attack, or sudden cardiac death . Contact us today to learn how we may be able to help. Darvocet® and Darvon® are registered trademarks of Xanodyne Pharmaceuticals, Inc., and are used here to identify the products in question. This law firm is not associated with, sponsored by, or affiliated with the Food and Drug Administration or Xanodyne Pharmaceuticals, Inc. The lawyers of John Bales Attorneys believe that pharmaceutical companies should be held to the same high standards of care as medical professionals like doctors and hospitals. We believe that holding drug companies accountable for the quality and safety of their products plays a vital role in maintaining drug safety. If you or a loved one suffers from a drug injury, contact a John Bales Florida drug injury attorney today. Complete a FREE Online Consultation Form or call us toll free 1-800-CALL JOHN (1-800-225-5564) 24 hours, 7 days a week.

Originally posted July 15, 2011 According to a report in the South-Florida Sun Sentinel, the State disciplines insurance company adjusters far less often than public adjusters, who work for consumers. Here’s the story from Sun-Sentinel reporter Julie Patel: When Floridians complain that an insurance company's claims adjuster is mishandling, lowballing or delaying claims, there's a less than 16 percent chance the adjuster will be disciplined. When there's a complaint about a public adjuster -- one who advocates for consumers -- there's a 75 percent chance the state will crack down. Some say the disparity, based on state data for the past two years, reflects the clout of Florida's insurance industry, which contributes mightily to the campaign funds of state officials. Others say it shows just how unprofessional public adjusters are. The Florida Department of Financial Services takes citizen complaints about adjusters, whether hired by insurance companies or policyholders, and decides which ones to investigate. State officials said they don't pick on public adjusters. It's possible more complaints against insurers' adjusters were resolved without requiring an investigation. "A consumer complaint does not necessarily mean there was any wrongdoing by any party," Alexis Lambert, a spokeswoman for the department, wrote in an email. "Most complaints are resolved without having to open an investigation. For example, a consumer doesn't understand the process so they file a complaint but is then educated about the adjusting process and the complaint is closed." The lopsided ratio of investigations of public adjusters concerns Bill Newton, of the Florida Consumer Action Network: "Consumers need access to reliable adjusters, so company adjusters should be investigated and disciplined the same way public adjusters are." Barbara Zee, a homeowner in Delray Beach and board member of the Alliance of Delray Residential Association, said public adjusters should be held to a high standard because consumers hire them directly, but there shouldn't be such a disparity. "The influence … insurers have over the people in charge of regulating is so much greater [that] it would be difficult for those numbers to ever come close," she said. The Claims Adjusters No matter who hires them, adjusters evaluate damage and estimate repair costs after a policyholder files an insurance claim. There are 47,040 adjusters on staff at Florida insurance companies, including those based outside the state; 29,022 independent insurance adjusters who can be hired by insurers to work on claims; and 2,602 public insurance adjusters, who are hired by policyholders. Of those licensed independent and public adjusters, only those appointed by an adjusting firm can estimate claims. Public adjusters are generally allowed to charge 10 percent to 20 percent of a claim payout. Most adjusters are licensed by the state after they take exams or complete required courses. Attorneys don't have to have a license to adjust claims, and an insurance company can allow agents and, in some cases, employees to adjust claims without a license. More Complaints Against Public Adjusters The state received 246 complaints about public adjusters since February 2010 -- compared to 69 against insurers' adjusters, according to the state's Department of Financial Services, which handles and looks into the complaints. Another state agency, the Office of Insurance Regulation, regulates and investigates insurance companies. It is funded largely by fees and fines from insurance companies, a fact that some say could give the state an incentive to punish insurers. One reason there may be fewer complaints against insurance-hired adjusters: "Consumers may file a complaint against the insurance company rather than the individual adjuster," Lambert said. The theory is echoed by several insurance experts. "When there are problems with company adjusters, regulators tend to go after the company rather than the adjuster him or herself," Kenneth Abraham, an insurance law professor at the University of Virginia, wrote in an email. Many public adjusters work independently or as part of small firms "so when there are problems with them, there is no larger company to go after." The state received 27,138 claims-related complaints against insurers since 2008, Lambert said, adding they include those that may not have been substantiated. A spokesman for the insurance regulation office could not say how many were investigated. Harold Weston, a professor at Georgia State University's Department of Risk Management and Insurance, said regulators may think more public adjusters need more oversight. "Insurers have claims managers with control and responsibility over their … adjusters. There are claims manuals to be followed … and there is staff training. That's not to say company adjusters don't get the claims adjustment wrong sometimes. But there are a few levels of supervision that should correct many of the mistakes," Weston said. Issues with Insurance Adjusters After the 2004 and 2005 hurricanes, the number of public adjusters grew exponentially. Insurance companies said some of these consumer advocates filed fraudulent or inflated claims -- driving up premiums for all policyholders. State legislators responded by changing the laws that govern public adjusters. The insurance industry points out that adjusters on staff at insurance companies "do not charge a fee for their services, which means they have every reason to properly evaluate the claim and settle it fairly," said Lynne McChristian, a spokeswoman for the Insurance Information Institute, an industry trade group. Because public adjusters are paid a percentage of the claim, "the higher the claim payment, the bigger their payday," she said. "This gives unscrupulous public adjusters what could be an incentive to fraudulently inflate a claim." The Florida Association of Public Insurance Adjusters said there are some bad adjusters -- hired by insurance companies and citizens -- who should be investigated. David Beasley, a former president of FAPIA, said regulators told his group that many of the violations against public adjusters the past two years were administrative, such as late license renewals. "Public adjusters have a very small lobby presence compared to the insurance companies, and many people have no idea what they do," said Newton, executive director of Florida Consumer Action. "The result is they don't have much influence and have become a convenient punching bag for insurers and their legislative and regulator allies." What's a Consumer to Do? During the claims process, consumers should: • Request and keep all documents related to a claim and keep a journal, noting the dates of all calls, phone numbers and the names of people involved. Detailed notes and time-stamped photos of damage should be kept and a copy provide to any adjusters involved. • Check the licenses of the insurance company's adjusters, public adjusters, contractors and roofers. Ask them for references. Adjusters' licenses can be checked by clicking the "Licensee Search" link at myfloridacfo.com/agents/licensure or by calling the Department of Financial Services at 877-693-5236 or 850-413-3089. The Department of Financial Services also can tell you if there have been complaints about an adjuster. Contractors' licenses can be checked at myfloridalicense.com or by contacting the Department of Business and Professional Regulation at 850-487-1395. • Contact the Department of Financial Services with questions, to file a complaint or check the status of a complaint. Filing a claims-related complaint can serve as a step toward state-sponsored mediation, in which a state representative helps resolve a disputed claim. Lambert said consumers can contact a supervisor in DFS' Division of Consumer Services if their complaint is closed but they feel it warrants further investigation. The complaint then could be reviewed and referred to the Bureau of Investigation or another part of the agency. Some consumers who don't get resolution from the state file a lawsuit.

Judgment and Collection If the judge believes the jury’s verdict was proper, the judge will file a document called the judgment of the court. A verdict in the favor of the injured party is called a plaintiff’s judgment. A plaintiff’s judgment is a legal document stating that the plaintiff is entitled to collect the payment the jury decided was fair. It shows that the defendant got the due process he or she was entitled to receive and that the defendant is legally being asked to give up property to pay the money awarded by the jury. If the defendant has an insurance policy that covers this judgment, that insurer will usually pay it without intervention from the court. However, if the defendant or his or her insurance company does not pay voluntarily, you may need to ask the court to force the defendant to comply. This process is called post-judgment collection procedures, and includes requests for documents such as a “writ of execution” or a “writ of garnishment.” The purpose of these post-judgment remedies is to seize assets belonging to the defendant so those assets can be sold and the money applied to satisfy the judgment. If a defendant does not have insurance and does not have assets sufficient to satisfy a judgment, the defendant can file a petition asking that the judgment be discharged. This is done in a bankruptcy court. This is a complicated area of the law and beyond the scope of this book. As a part of the decision to take your personal injury claim through the litigation process, an experienced personal injury lawyer will consider whether a defendant has the ability to pay. This discussion will occur at the beginning of your case. The ability to get paid is always a matter of utmost concern. The role of an experienced personal injury lawyer is to figure out the end of a case at the beginning, and to work throughout the case to maximize the client’s recovery. That work always includes considering whether you will get paid if a verdict is obtained. Appeals If either side believes there was a mistake at trial, it can file an appeal. An appeal is a request to another court, called an appeals court, to reconsider the first court’s ruling. Most people do not realize that an appeal can only be made on the basis of an error in the law. A jury’s decision, as “the judge of the facts,” cannot be overturned on appeal unless the jury’s decision was somehow the result of an error of law. Appellate courts decide matters of law. There is no jury in the appeal process. The appellate court judges are required to presume the jury’s decisions at trial were correct — as long as the record on appeal contains evidence to support the jury’s verdict. A jury’s decision can be changed by the appellate court only where there are no facts in the record to support the jury’s decision or when the judge who presided over the jury trial allowed the jury to consider facts that should not have been considered, or to incorrectly apply law that was given to the jury. Appellate court decisions are important because they form what is called the common law. The common law is the law of your state, unless a decision of the judicial branch of government is precluded or overturned by a decision of the legislative branch of government. When the defendant files an appeal, he or she can post a financial bond to stop collection of the judgment. If the appeal fails, that bond will be used to pay the judgment. If you win your case, but the other side appeals, you may have to wait some time before you can collect the compensation you won. Your lawyer will need to explain this complicated process to you and will counsel you about whether to settle on appeal, given the increased costs, fees and time associated with the complicated appeals process. All of these decisions will turn on the specific facts and law applicable to your case. An experienced personal injury lawyer will explain all of your options and help you make the right decision for you and your family. It Is the Client’s Case We find that some potential clients are afraid that a lawyer will make important decisions about their cases, such as what settlement amount is fair or whether to file a lawsuit. This is not true. A personal injury claim belongs, at all times, to the client. The lawyer is hired to gather the facts and the law, and to show the client how the law will likely be applied and how the facts will likely be interpreted. As the owner of the claim, the client has the right to make the final decisions about things like whether to settle. Experienced personal injury lawyers know litigation is a means to an end, not an end in itself. The end is justice for the injured client — full financial compensation for his or her injuries and the satisfaction of holding wrongdoers responsible for their actions. Litigation is simply the means that must be applied when there is a no voluntary settlement along the way. An experienced personal injury lawyer will begin with the end in mind — preparing the claim from the outset in such a way that both the lawyer and the client are ready for litigation and trial — if necessary.

Motions As soon as the case is filed, either side is free to file a motion, which is a request that a point of law be decided by the court. For example, a defendant may move to dismiss, asking the court to rule that the complaint was filed too late (for example, if the complaint was not filed until after the statute of limitations expired). In considering a defendant’s motion to dismiss, the court must assume that the allegations in the complaint are true, so that any challenge at this stage is made strictly as a “matter of law” — what the law of your state says about a specific situation. Another example is a motion for summary judgment, which asks the court to rule in the requester’s favor because essential facts are no longer in dispute (perhaps because of what has been learned in discovery), making a jury’s decision unnecessary. Either side can also present motions orally, while in the courtroom. Like pre-trial motions, these oral motions ask the court to decide a matter of law. For example, defendants sometimes move for judgment as a matter of law (called a motion for a directed verdict in some states), after the plaintiff has finished presenting evidence. This motion asks the court to dismiss the case without requiring the defendant to present any evidence, asserting that the plaintiff failed to show that a question of material fact is in dispute. Such a motion can address some or all of the many legal issues involved in the litigation of a personal injury claim. Jury and Bench Trials When your lawyer files your complaint, he or she will most likely request a jury trial. In a jury trial, a group of randomly selected citizens from your area serve as the “judge of the facts.” A jury collectively decides who to believe and what to believe, deciding all questions of disputed fact. After all of the evidence is presented, the jury will use directions from the judge (called jury instructions) to decide the three most important questions in any civil trial: fault, causation, and damages. Questions of fault ask the jury to decide how much fault each of the parties bears for the injuries. Questions of causation ask the jury to decide whose fault caused what injury. At the end, the jury assigns a dollar value to each injury it believes was caused by the defendants’ actions. The jury does all of this according to the judge’s instructions and a verdict form provided by the judge. The judge presiding over a trial, who may also be called the court, is “the judge of the law.” His or her job is to preside over all the courtroom proceedings, keeping the trial on track (according to procedural rules) and decide any questions of law. Questions of law can be about either matters of procedure (such as whether a line of questioning is appropriate) or matters of substance (such as whether the defendant may present a certain technical legal defense). The judge also instructs the jury on how the law affects the facts they are deciding, through the use of jury instructions. For example, if you claim the defendant was negligent, the judge will provide the jury a written definition of negligence. This definition will be one that has been decided in prior appellate court decisions, or by the state legislature. There is another type of trial, called a bench trial, in which a judge decides the issues without a jury. If your lawyer thinks you should consider a bench trial, he or she will discuss it with you in advance. As with all aspects of your case, you will make the final decision, using your lawyer’s advice. Burden of Proof As the party seeking financial damages, the plaintiff has the burden of proof, which means you and your law firm must provide the evidence to prove that your allegations are true. Many people are familiar with the requirement to prove a case “beyond a reasonable doubt,” which is the standard used in a criminal trial. The standard is lower in a personal injury case, because you are seeking a payment, not to put someone in prison. Plaintiffs in personal injury trials must prove their cases “by a preponderance of the evidence,” which means the facts you are alleging are more likely than not.

The anti-smoking drug Chantix® has been linked to depression, suicidal thoughts, and violent behavior in some users, according to the Food and Drug Administration (FDA) (1, 2). Chantix is a prescription drug designed to help adults quit smoking. It comes in a white tablet (0.5mg) and a blue tablet (1mg) and is usually prescribed to be taken for 12 weeks at a time. Chantix Linked to Psychiatric Problems, Black Box Warning Added: From the FDA: "The FDA is notifying the public that the use of Chantix (varenicline) or Zyban (bupropion hydrochloride), two prescription medicines that are used as part of smoking cessation programs, has been associated with reports of changes in behavior such as hostility, agitation, depressed mood, and suicidal thoughts or actions. The FDA is requiring the manufacturers of these products, including generic versions of Zyban (bupropion), to add a new Box Warning to the product labeling to alert healthcare professionals to this important new safety information. People who are taking Chantix or Zyban and experience any serious and unusual changes in mood or behavior or who feel like hurting themselves or someone else should immediately stop taking the medication and call their healthcare professional right away. Friends or family members who notice these changes in behavior in someone who is taking Chantix or Zyban for smoking cessation should tell the person their concerns and recommend that he or she stop taking the drug and call a healthcare professional right away." According to Reuters , the Federal Aviation Administration (FAA) has prohibited its pilots from using Chantix because of its possible dangerous side effects, which also include blurred vision, dizziness, confusion, loss of consciousness, and a previously established link to suicidal behavior. February 2008 Alert: "FDA is issuing this Alert to highlight important revisions to the WARNINGS and PRECAUTIONS sections of the full prescribing information for Chantix regarding serious neuropsychiatric symptoms. Serious neuropsychiatric symptoms have occurred in patients taking Chantix. These symptoms include changes in behavior, agitation, depressed mood, suicidal ideation, and attempted and completed suicide. While some patients may have experienced these types of symptoms and events as a result of nicotine withdrawal, some patients taking Chantix who experienced serious neuropsychiatric symptoms and events had not yet discontinued smoking. In most cases, neuropsychiatric symptoms developed during Chantix treatment, but in others, symptoms developed following withdrawal of Chantix therapy." September 2009 Update: The FDA stated, “The FDA's analysis of adverse event reports shows that when neuropsychiatric symptoms occur, they usually develop during drug treatment, but symptoms can also develop after the drug is stopped. Some patients on these drugs who had no history of psychiatric illness experienced suicidal ideation and behavior for the first time. The drugs have also been associated with a worsening of symptoms in patients with pre-existing psychiatric disorders (4).” We Want to Help Our drug injury lawyers at John Bales Attorneys are committed to helping people who were negatively affected by Chantix. We want to give victims the legal help they need so that they can get the compensation they deserve if Chantix use has adversely affected their lives. Call one of our Chantix lawyers today. We want to help. Chantix® is a registered trademark of Pfizer, Inc., and is used here only to identify the product in question. Sources: 1. Early Communication About an Ongoing Safety Review Varenicline (marketed as Chantix) from the FDA. Accessed 11/30/07 via www.fda.gov . 2. Public Health Advisory from the FDA . Accessed 7/6/09 via www.fda.gov . 3. Drug Safety Communication on Neuropsychiatric Effects from Smoking Cessation Drugs from the FDA . Accessed via www.fda.gov . The law firm of John Bales Attorneys is not associated with, sponsored by, or affiliated in any manner with the Food and Drug Administration or Pfizer, Inc. The lawyers of John Bales Attorneys believe that all of the pharmaceutical companies should be held to the same high standards of care as medical professionals like doctors and hospitals. Drug companies should be held accountable for the quality and safety of their products. We believe that this accountability plays a vital role in maintaining drug safety. If you or a loved one is suffering from a drug injury due to Chantix or any other medication, contact a highly experienced John Bales Florida drug injury attorney today. Complete a FREE Online Consultation Form or call us toll free 1-800-CALL JOHN (1-800-225-5564) 24 hours a day, 7 days a week.

High School graduation marks one of the most exciting times in a person’s life, and the first major milestone on the way to adulthood. This is a time for celebration and transition, a time to look back on past accomplishments and bonds made with friends, and a time to look forward to all of the promises the future holds. This melting pot of emotions and excitement, mixed with nostalgia, sadness and anxiety about the future can fuel the temptation to drink. When graduation and drinking mix, this event is often marked by tragedy. From loss of life, to injuries and DUIs, what was a celebration can quickly turn to the worst day in the lives of grads and their families. Yet despite the well-known dangers, grad parties are often wrought with underage drinking. Death and Denial: the numbers Every year, graduation across America represents a tragedy for the families of nearly 3,000 hopeful graduates who lose their lives due to drunk driving, with more than 225,000 more sent to emergency rooms for treatment of serious injuries. When it comes to teen death, car accidents rank #1, with alcohol use implicated in around 33% of all fatal teen car accidents. Come graduation time, these numbers get even grimmer. On graduation night, this number skyrockets to 40%, leaving families heartbroken at the senseless loss. The Good News: Data from the CDC indicates that the rate of teens drinking and driving is down by nearly 54% since 1991. The Bad News: According to Mothers Against Drunk Driving (MAD), motor vehicle accidents remain the number one cause of death for teens, with around one-third of those involving alcohol. Assuming Your Child ‘Knows Better’ Isn’t Enough Even if they aren’t the one’s drinking, being an unknowing passenger in a vehicle operated by someone impaired, or even driving on roadways at all on graduation day can be disastrous. Some research indicates that high school grads are 79% more likely to drink on grad day, and they all have licenses. In other cases, peer pressure, the stress of moving away to college and leaving behind friends, and an uncertain future can get the best of even the most careful law-abiding teen. Florida Law on Providing Alcohol to a Minor Keeping Graduates Safe Starts with Being a Responsible Party Host Some parents take the ‘if they’re going to drink I’d rather have them do it here where they are safe’ attitude. But according to Florida law, you could end up facing some serious criminal penalties and/or civil liabilities if word gets out. All it takes is one child to leave when no one is watching, or for a few photos or Snaps or TikTok videos to surface to put you in serious legal hot water. Under Florida Statue 5.62.11(1), providing alcohol to a minor (by serving, selling or giving alcohol to anyone under the age of 21), is punishable by up to 60 days in jail. Further, you may be held civilly liable for any damages, injuries or deaths that occur as a result of you providing alcohol to a minor. Did Someone Serve Your Teen Alcohol? Was your teen injured or killed in an automobile accident involving alcohol given to them by another adult? No amount of money can ever bring your child back. But it is important to hold those responsible accountable and to ensure justice prevails so that this doesn’t happen to another parent’s child. Our personal injury firm can’t begin to fathom the loss of a child, but we can be here as a support system for you and your family, taking on the legal burden and fighting aggressively to prevent this from happening to anyone else. We can also fight for the compensation you may need to help with hospital bills, therapy, rehabilitation, and more. Florida’s Zero-Tolerance Policy for Underage Drinking Like many states across the USA, Florida has what is known as a ‘zero tolerance’ policy regarding underage drinking. Defined as any person under the age of 21 with a BAC of over 0.02, this legal definition is much more strict than the 0.08 BAC limit for adults who wish to operate a motor vehicle. Given that a single drink can put a teen over the 0.02 BAC level, this law reinforces that no teen should consume alcohol in any amount. Penalty for Anyone Underage Operating a Motor Vehicle When Under the Influence Unlike the traditional DUI court process, minors accused of driving under the influence are handled in an administrative process carried out by the Florida Department of Highway Safety and Motor Vehicles. But that doesn't mean the consequences are any less serious. Any individual under the age of 21 who is in physical control of or operating a motor vehicle faces several potential penalties under Florida law. Those Minors Convicted a DUI Face the Following Penalties: Up to 6-months of drivers’ license suspension for a 1st time offense Up to 1-year suspension of license for a subsequent conviction Mandatory DUI evaluation and course if BAC was 0.05% or higher Face thousands in fines Probation Community service What To Do If You or Your Child Was the Victim of a Car Accident Involving Alcohol and Minors The aftermath of a car accident is chaotic and often overwhelming. The first order of business is to call 911 and make sure that everyone needing medical attention gets cared for. If you’re able, be sure to take pictures and video of the entire scene. Take down notes on your phone or a voice memo about the scene. Who was driving, what direction, what were the weather conditions like, no detail is too small or irrelevant. Once you’ve had a chance to calm down and regain your nerve, contacting a personal injury firm like John Bales Attorneys can help make sure your rights and any claim you may have against another negligent party is protected. We have helped more than 5000 clients get the justice and compensation they deserve, holding those responsible to the rule of law and ensuring they never do this to anyone else again.  The consultation is always free, and if we take on your case, you pay nothing until we win you a judgement or compensation in your favor.

Our mothers (and mother figures) shape who we are as a person, and are usually the first face we see when entering this world. Although mothers should be celebrated every day of the year, ‘Mother’s Day’ is a day dedicated to all mothers, and a time when we can show our appreciation and recognition for the role they’ve had in our lives. As the woman who raised you, she deserves your utmost gratitude, and perhaps a gift or two or three. After all, you were likely a bit of a handful to raise. This year, John Bales highlights the importance of this day for America, while featuring his own mother, a gem of a human who has brought him much joy, offered unconditional support and love, and who inspired him to become the man he is today. But first, a brief trip in the time machine… The History of Mothers Day The second Sunday of every May marks a time when the nation (and the world) comes together to celebrate our giver of life with love, attention and gifts. But did you know that this time-honored tradition dates back more than 100 years? The real story behind why we celebrate this now-cherished day might come as a surprise. 1905: A Historical ‘Win’ for Mothers in the USA Mother’s Day is so much more than about gifts. This holiday was born out of a selfless movement aimed at improving the lives of all women in America. In 1905, Anna Jarvis spearheaded a campaign to make ‘Mother’s Day’ a nationally recognized holiday in America. Inspired by her own late mother, Jarvis sought to honor her mother by continuing her work in public health and as a peace activist. Although initially rejected by Congress (1908), many states adopted this holiday independently, and by 1911, President Woodrow Wilson signed a proclamation designating Mother’s Day as a National US holiday. Modern Mother’s Day Today, Mother’s Day has evolved, standing the test of time as one of the nation’s most revered holidays. A time to celebrate the role of motherhood, from foster parents to those who gave birth naturally, or have simply taken on the role of ‘mother’ in someone’s life, this is a day to recognize the incredible impact mothers have on us and the world. This day commemorates the trials, tribulations, sacrifices and challenges mothers face when raising children, and we honor their unwavering love and courage. John Bales’ Own Mother: A thank you On this day John Bales can think of no mother more worthy of being featured, than his own mother. When asked, John freely admits that there aren’t enough words to do justice to the impact this woman has had on his life. A true pioneer in her field, John Bales’ mother is who inspired John to become a lawyer. His mother was part of the movement that paved the way for women in the industry to take their place alongside their male colleagues. Shattering the glass ceiling and demonstrating to herself and her family that all things are possible, John’s mother went on to have a successful legal career full of opportunity and accomplishment. Her drive, passion, moral compass, compassion and integrity made quite the impression on John, and are values he maintains to this day, in both his personal and professional life. A Word of Appreciation from John Bales Thank you, mom. Thank you for being who you are and for shaping who I am and who I’ve become. I couldn’t have done it without you, and still can’t. And to all other mothers out there, we see you, we appreciate you, we know how hard your role is and your selfless dedication to your children is not unnoticed. On this day, and all days, thank you. You’ll never know how much you mean to us ‘kids’. John Bales

Cars Are Getting Safer This article was originally written in 2011 but we felt that it should be revisited. Here at John Bales Attorneys, we represent victims of car and truck crashes every day, even some train crashes. Check out our article about safety measures to avoid train accidents . Some of the crashes are horrific, most are alarming because of how careless the other driver was, and almost all are frightening. Unfortunately for the victims, many are then subjected to the frustrating, confusing and emotional aftermath involving victims’ dealings with the insurance companies, which leaves the victim feeling further victimized. There is some good news to report regarding safety on our nation’s roadways, however, and how the litigation of cases involving victims of car and truck crashes has contributed to the increased safety. Here is more on the subject from Gibson Vance, who is the president of the American Association for Justice. Mr. Vance wrote the following article, which appeared earlier this month as an op-ed piece in The Washington Post: Traffic deaths in the United States have dropped to their lowest level since 1949. That’s according to a report released by the National Highway Traffic Safety Administration (NHTSA). Remarkably, this drop occurred even as Americans drove 21 billion more miles in 2010 than they had in 2009. The drop in fatalities is due in large part to the fact that cars are getting safer. Since the introduction of the Ford Pinto nearly four decades ago — a car synonymous with danger, destruction and executives putting profits ahead of consumer safety — amazing advancements have been made in auto safety. The technology is better, regulations are stronger and buyers have more information. Not surprisingly, consumers are drawn to cars with the latest safety features. Yet these factors alone do not tell the whole story. History shows that litigation and the civil justice system have served as the most consistent and powerful forces in heightening safety standards, revealing previously concealed defects and regulatory weaknesses and deterring manufacturers from cutting corners on safety for the goal of greater profits. The Ford Pinto litigation sent a strong message to the auto industry. Unfortunately, manufacturers have still sold dangerous cars. In June 2004, a Dallas-area mother stopped her Ford F-150 truck to speak with her husband through the driver’s side window. Her 3-year-old daughter leaned out the passenger’s side window and accidentally hit the rocker switch, causing the window to close on her neck. When her parents noticed moments later, it was too late — their daughter was strangled. As power windows became more common, so too did instances of children being strangled. Seven children died within a three-month period in 2004. Manufacturers were aware of the issue, and the fix was relatively simple and inexpensive. In response to regulations in other countries, European and Asian cars already used a safer switch — one that must be pulled up to raise a window — and so did many U.S. manufacturers on cars they offered to foreign markets. Yet incredibly, U.S. manufacturers did not install the safer switches on domestic cars because NHTSA had no rules governing power-window safety. Litigation eventually forced universal acceptance of the safer switches in 2006. It is easy to take for granted just how much safer vehicles have become and how safety measures have been standardized. For years, the auto industry has worked to undermine regulations and limit its liability by pushing for complete immunity from lawsuits when their vehicles comply with minimum federal safety standards. This would, in short, be devastating for consumers. Recall that the Pinto’s design met all government standards of the time. Had compliance with federal standards been a complete defense of vehicle safety, Ford could not have been held accountable for the many burn victims that the company was later shown to have anticipated. Put another way, without the civil justice system, gas tanks would still explode in rear-end collisions, seat belts and airbags would not be standard, and cars would roll over onto roofs that would be easily crushed. There are multiple reasons behind the welcome news that traffic deaths continue to decline. But the role of the civil justice system is often overlooked. Litigation has spurred safety innovations in vehicles for more than half a century and will continue to be essential in keeping Americans safe and holding manufacturers accountable. We at John Bales Attorneys agree wholeheartedly with Mr. Vance’s op-ed piece. Many people have a negative view of a victim of a car or truck crash who chooses to litigate his or her case to try to obtain fair compensation. As you can see from Mr. Vance’s article, however, this litigation helps to hold parties responsible for their actions, and promotes safety innovations.