While many Florida parents worry about scary stories and bad candy that could hurt children at Halloween, experts agree that there are more frightening risks lurking at this time of year, and many of those risks have to do with children’s Halloween costumes. Among the risks that parents should be aware of:

1) Slip and fall accidents. On Halloween night, streets are dark and may be slippery with spilled candy, fallen leaves, and pieces of broken carved pumpkins. Costumes that obstruct a clear vision of the sidewalk can mean that children slip and slide. In addition, too-long costumes can cause tripping and falling.

2) Car accidents. Costumes should be easily visible and should have lights or reflective pieces so that cars can easily see children who are out trick or treating. There are many children’s flashlights and strobe lights that can add to a child’s costume and can keep the child safe on Halloween night.

3) Burn injuries. Parents should look for flame retardant costumes, since jack o’ lanterns, candles and other spooky decorations do pose a fire risk for children at this time of year. Also, longer costumes that drag around or have dropping sleeves can pose a greater fire hazard, since children may not always be aware of where their costume ends. Trim up costumes to keep trick and treaters safe.

4) Wounds and other injuries. All swords and props should be made from flexible, softer materials, so that children do not accidentally harm one another in play.

5) Other possible injuries. In addition to accidents, parents do need to be aware that not every adult is being cautious around children at Halloween. Parents should always accompany children who are out trick or treating. Many communities have initiatives such as safe areas for Halloween celebrations and Halloween patrols to help parents.

From all of us at Hickey Law Firm, P.A., have a fun, and more importantly, SAFE, Halloween!

Were you aware that pursuant to Florida law doctors are allowed to treat patients in our state without any insurance coverage? Not only are they allowed to do so but they have been allowed to go without malpractice coverage for decades. As a result, the following percentages of doctors opt out of medical malpractice coverage:

• 1/4 of the doctors in Broward and Palm Beach Counties;
• 1/3 of the doctors in Miami; and
• 1/8 of the doctors statewide.

Florida law states that doctors can go uninsured if they post signs in their offices and promise to pay up to $250,000 per malpractice award, with a maximum of $750,000 per year. Their penalty for not paying pursuant to statute is revocation of their medical license.

Ultimately, the victim’s desire is twofold; to ensure that what happened to them doesn’t happen to someone else in the future and to be compensated for the severe injuries that they have sustained at the hands of a doctor who rendered care that substantially deviated from the professional standards. Although revocation of the at-fault doctor’s license is a remedy that is warranted in some instances; the amount of compensation mandated by the Florida legislature doesn’t begin to cover the damages of a catastrophic injury caused by medical malpractice.

This practice has left patients with valid malpractice claims unable to retain counsel to represent them in claims against these uninsured doctors and obtain financial compensation for their injuries. As a result, malpractice victims are less likely to sue doctors who don’t carry insurance and are paying the highest price of all…loss of their health, loss of their ability to earn a living, loss of their quality of life…all due to the malpractice of a doctor who is uninsured.

It’s amazing to believe, but despite the fact that medical doctors are allowed to practice without insurance coverage, Florida does require the following medical professions to obtain malpractice insurance: chiropractors, podiatrists, midwives, some nurses, acupuncturists and optometrists. Where is the logic in this?

See our website for information on what to do in the event of an accident involving serious injuries or death: www.hickeylawfirm.com. See also www.cruiseshipassault.com. The bottom line is get medical care immediately, take photos of the area where you were injured, get the names and contact information of witnesses, and report the accident at once. Also, CALL HICKEY LAW FIRM, P.A., TOLL FREE AT: 1.800.215.7117. Our consultations are always free. We work on a contingency fee basis; If we don’t recover, you don’t pay. Personal injury, wrongful death, sexual assaults, and medical malpractice. We have handled these types of claims for 28 years.

According to the research article, “Inhaled Anticholinergics and Risk of Major Adverse Cardiovascular Events in Patients With Chronic Obstructive Pulmonary Disease” written by Sonal Singh, MD; Yoon K. Loke, MD; and Curt D. Furberg, MD, and published in the Journal of the American Medical Association, people using the Spiriva inhaler possibly face the following risks: cardiac death, heart attacks or strokes. Alarmingly, the risks are greater for the Spiriva inhaler users than inhaler users using a placebo or other drugs. This study published in the September 24, 2008 issue of JAMA denotes that although the risks were small, the popular inhalers could lead to potentially life threatening side effects.

The German Manufacturer, Boehringer Ingelheim Pharmaceuticals Inc. makes Spiriva Handihaler (tiotropium) and the generic drug for Atrovent, Ipratropium, approved for treating COPD. In the United States, they have a joint marketing partnership with Pfizer Pharmaceuticals. In 2004, the inhaler was approved for a daily long-term treatment of bronchospasm, which is linked with COPD, chronic obstructive pulmonary disease.

It is important to note that both drugs have been used by approximately 8 million people worldwide. They are both known for helping to open passages and preventing spasms that decrease airways in the lungs to increase effective breathing.

The JAMA article details how authors, Sonal Singh, MD; Yoon K. Loke, MD; and Curt D. Furberg, MD analyzed the data from 17 randomized studies, and compared it to primarily older people on either Spiriva or Ipratropium, to people using placebos or other drugs. Their research found that patients had an increased risk over 50% in developing both fatal and non fatal heart problems, including heart attacks when they used Ipratropium or Spiriva.

Researchers are quick to add that additional studies are required to further evaluate the safety of the drugs. However, they recommended individuals with COPD to take precautionary measure prior to starting drug therapy that includes stop smoking, control blood pressure and cholesterol and the use of oxygen.

There was a statement issued by Boehringer and Pfizer indicating that disagreed with the analysis of the new study. They cited an analysis of 30 clinical trials that confirmed the safety of the Spiriva Handihaler and that showed no increased risk of all-cause death or cardiovascular death to the inhaler users.

However, the Food and Drug Administration, FDA issued an early communication in March 2008, that indicated they are evaluating the potential connection between the side effects of the the Spiriva Handihaler and strokes. The March 2008 FDA communication was quick to point out that their investigation was precautionary and did not mean that Spiriva causes strokes. They encouraged people on the drugs to not stop taking their drug based on the FDA early communication, in March but to wait until they have confirmed conclusions and recommendations.

We can only hope that the FDA’s conclusions will not be too late for some individuals.

On the heals of being informed that Ft. Lauderdale is one of the aggressive driving capitals of the State of Florida, in which too many people suffer wrongful deaths in car accidents, the Broward Sheriff’s Office announced a law enforcement agreement which permits any police officer to cite aggressive drivers everywhere in Broward County. The hope is that such aggressive enforcement will prevent car accidents and save lives.

What makes this policy unique is that any police officer, even one outside of his jurisdiction, may issue such a citation. The focus of this enforcement are drivers who tailgate, put on their high beams, and speed to pass other motorist who are obeying the law.

We here at Hickey Law Firm, P.A. in practicing personal injury law, congratulate the Sheriff for his efforts and warn Florida motorists that, as stated by the Sheriff, “you are twice as likely to be killed in a traffic accident in South Florida as you are in a homicide.”

Yeah, you read that subject heading correctly. And no, I didn’t make this story up. It comes from my correspondent in Argentina who came across this nugget in a local paper about plastic surgery implants as door prizes:

Three provincial governments are cracking down on local discoteques for giving out plastic surgeries — more specifically “implantes de siliconas” — as door prizes to teenagers who frequent their establishments. (Original source, in Spanish, La Razon)

(There is also more from my correspondent, aka my friend Jackie, about health care plans giving one free plastic surgery per year.)

Think that can happen in the United States? Me neither. And why? Well, a multitude of reasons, including the potential liability aspects. And so, to my tort “reform” readers, let me say that fear of being sued is often a good thing. Because being held accountable tends to wake up the senses.

A 37-year old crewman had to be evacuated after suffering a neck injury while working aboard a shrimping vessel near New Orleans. The man was transported to West Jefferson Hospital for treatment.

Neck injuries are particularly dangerous and occur all too frequently on vessels of all kinds. Some factors that can contribute to these sorts of injuries include overly slippery decks, hazardous layouts of ships, dangerous or defective equipment, or the lack of a handrail. If you have been injured while working aboard a ship, be sure to find out about your rights under maritime law as soon as possible.

See our website for information on what to do in the event of an injury on a ship: www.hickeylawfirm.com. See also www.cruiseshipassault.com. The bottom line is get medical care immediately, take photos of the area where you were injured, get the names and contact information of witnesses, and report the accident or incident at once. Also, CALL HICKEY LAW FIRM, P.A., TOLL FREE AT: 1.800.215.7117. Our consultations are always free. We work on a contingency fee basis; if we don’t recover, you don’t pay. Personal injury, wrongful death, sexual assaults, and medical malpractice. This all happens on ships and we have handled these types of claims for 28 years.

Hickey Law Firm, P.A. is headed up by John H. (Jack) Hickey. Hickey was born and raised in the cruise line capital of the world, Miami, Florida. For the first 17 years of his career, Hickey represented the cruise lines and insurance companies. Now he represents you, the seriously injured, the family of a loved one who has died as a result of someone else’s negligence, the victim of a sexual assault, or the victim of medical malpractice.

The Institute of Cancer Research and The Royal Marsden Hospital have developed a new imaging technique which locates previously undetectable early stage cervical cancers, according to research published in Radiology today (October 21).

The pilot study, funded by Cancer Research UK, found the new imaging technology identified small tumors, reducing the need for radical surgery which could lead to infertility.

Lead researcher Professor Nandita deSouza from The Institute of Cancer Research said the study was extremely optimistic.

“As cervical cancers are usually identified at a very early stage through screening, our imaging technology can localize them and determine the size of the tumor. We can use this information to plan less radical surgery, preserving as much of the uterus and the cervix as possible,” she said.

“With conventional scanning techniques, small tumors are harder to identify or to differentiate from scar tissue, particularly if the patient has had a recent biopsy. In these cases, conventional imaging can overestimate the level of cancer within the cervix and result in major surgery leading to infertility.

“The quality of the information from the images produced using this new method has allowed us to identify and define smaller tumors more accurately, helping us to make decisions on surgery.

“Advancements in scanning and screening techniques for cervical cancer are vital in treatment planning to reduce the number of women who require hysterectomies for cancer treatment.”

The pilot study focused on 59 women between the ages of 24 and 83 over a period of 22 months.

Prof deSouza said one of the major successes of this work was the exploitation of the diffusion of water around cells in cancer tissue to produce the image, a technique called “diffusion weighted imaging”. This significantly improves the level of contrast between developing tumors and the surrounding tissues.

The new imaging technique involved the use of a vaginal probe to capture images of the cervix which created a much higher image resolution compared to a traditional external pelvic scan.

Encouragingly, researchers found that 88 per cent of tumors could be detected using an internal probe and diffusion-weighted imaging compared with only 77 per cent of the same tumors found using the existing external technique.

Dr Lesley Walker, director of cancer information at Cancer Research UK, which funded the study, said: “This small study is extremely promising and provides a clear rationale for more extensive studies.

“Cancer Research UK has identified imaging research as a priority and we have invested £50 million over five years, in partnership with other funding bodies, to help us achieve our aim of improving the detection and diagnosis of cancer through this exciting field of cancer research.”

Around 2,700 women are diagnosed each year in the UK making it the second most common cancer in women under 35.

Approximately 1,000 women die from cervical cancer in the UK every year.

About 4.4 million women are invited for cervical cancer screening each year in England between the ages of 25 and 60.

IF YOU sustained serious head injuries in a traffic accident yet could choose between being in a vegetative state and unaware of your plight, or minimally conscious – perhaps able to recognize voices, pain, signal to your family in a very limited way but little else – which would you choose? What if you were deciding on behalf of a close family member?
This dilemma has been highlighted by news of the rousing of a 26-year-old man from a vegetative state into a minimally conscious state, following a treatment called transcranial magnetic stimulation. It is too early to say whether TMS was directly responsible for the man’s awakening as some people spontaneously wake from a vegetative state.

Josh Villa was 26 when he was driving home on August 28, 2005 when his car ran into the curb and flipped over. As a result of the accident Villa sustained massive head injuries that have left in a coma-like state. He was expected to never recover from the injuries he sustained.

Almost a year after his accident, there was little sign of improvement. “He would open his eyes, but he was not responsive to any external stimuli in his environment,” says Theresa Pape of the US Department of Veterans Affairs in Chicago, who helped treat him.

Pape enrolled Villa in a six-week study in which an electromagnetic coil was held over the front of his head to stimulate the underlying brain tissue. Such transcranial magnetic stimulation (TMS) has been investigated as a way of treating migraine, stroke, Parkinson’s disease and depression, with some promising results, but this is the first time it has been used as a potential therapy for someone in a coma-like state.
The rapidly changing magnetic fields that the coil creates can be used either to excite or inhibit brain cells – making it easier or harder for them to communicate with one another. In Villa’s case, the coil was used to excite brain cells in the right prefrontal dorsolateral cortex. This area has strong connections to the brainstem, which sends out pulses to the rest of the brain that tell it to pay attention. “It’s like an ‘OK, I’m awake’ pulse,” says Pape.
At first, there was little change in Villa’s condition, but after around 15 sessions something happened. “You started talking to him and he would turn his head and look at you,” says McAndrews. “That was huge.”
Villa started obeying one-step commands, such as following the movement of a thumb and speaking single words. “They were very slurred but they were there,” says Pape, who presented her findings this month at an international meeting on brain stimulation at the University of Gottingen, Germany. “He’d say like ‘erm’, ‘help’, ‘help me’.”
John Whyte of the Moss Rehabilitation Research Institute in Philadelphia, Pennsylvania, cautions that as intriguing as Villa’s case is, it alone does not show that TMS is a useful treatment. “Even after eight months, it is not uncommon for patients to transition from the vegetative to the minimally conscious state without any particular intervention,” he points out. He says TMS merits further investigation, along with other experimental treatments such as drugs which have temporarily roused three men from a coma, and deep brain stimulation, an invasive technique that roused a man out of a minimally conscious state.
“This is the first and very interesting use of repetitive TMS in coma,” says Steven Laureys of the Coma Research Group at the University of Liege in Belgium. Our understanding of disorders of consciousness is so limited that even a single study can provide new insights, he says.
Pape acknowledges that further studies are needed to demonstrate that TMS really is beneficial, though she is convinced that it helped Villa. He had only been given a 20 to 40 per cent chance of long-term recovery, and until he was given TMS his functioning had not improved since about four months after the accident. What’s more, after the 15th TMS session, he improved incrementally with each session – further evidence that TMS was the cause.
Pape hopes to begin treating a second patient in a coma-like state later this year. This time she plans to adjust the number of pulses of TMS in each train, and to alter the gap between pulses to see if there is an optimum interval.
McAndrews is also in no doubt that her son’s quality of life has improved as a result of TMS. “Before I felt like he was not responsive, that he was depressed almost. Now you move him around and he complains – he can show emotions on that level.”

SOURCES:
http://news.bbc.co.uk/2/hi/health/7669056.stm
http://news.softpedia.com/news/New-Possible-Treatment-For-Coma-95798.shtml
http://current.com/items/89419800_magnetic_field_helps_coma_patient

October is Domestic Violence Awareness month. The legal term Domestic Violence, has been expanded to cover Dating violence, Sexual Assault, and Elderly Abuse under the Violence Against Women Act (VAWA) according to the US Department of Justice Office On Violence Against Women.

It is important to educate the community to become more aware because the revolution starts at home, and for many, many families the hurt is in the home. The silence helps it continue to have the strength to terrorize those who are caught in the snare but the whole community, nations suffer because people would like to act like these acts of violence against women, our women isn’t happening.

Today we will be covering Dating Violence. This happens to pre-teens, teens, young adults, women and men. Many readers feel like “closing the blinds” to incidents of domestic violence. The metaphor suggests that domestic violence is often thought of as a “private matter” and one that is no business of anyone outside of a family’s four walls. This is especially true in the homes and neighborhoods of many Blacks where people seeking help from an abusive situation are viewed as snitches and traitors.

Dating Violence has is a form of abuse that more often than not goes unreported. When you statistics about dating violence you can be sure the numbers are about 200% higher. The reasons most victims of dating violence to not report this form of abuse is many. Family, religion, work, and social relationships are all factors in keeping this deadly act silenced.

The fact sheet below was written by the National Coalition of Domestic Violence, located in Denver Colorado.
Causing Pain: Real Stories of Dating Abuse and Violence

YouTube – Causing Pain: Real Stories of Dating Abuse and Violence
http://www.youtube.com/watch?v=F9Ctwk8R470

DID YOU KNOW?

1. Women ages 16 to 24 experience the highest per capita rates of intimate violence – 20 per 1,000 women.?
2. 53% of domestic violence victims are abused by a current or former boyfriend or girlfriend.
3. 13% of teenage girls who are in a relationship report being physically hurt or hit.
4. 54% of all rape cases occur before victims reach 18 years of age.
5. 71% of rape and sexual assault victims knew their offenders.
6. Studies indicate that as a dating relationship becomes more serious, the potential for and nature of violent behavior also escalates.?

TEEN DATING VIOLENCE

1. Nearly one in five teen aged girls report that their boyfriend threatened violence or self-harm when presented with a breakup.
2. One in four teen girls who are in a relationship report they are pressured into performing oral sex or engaging in sexual intercourse.
3. One in five teens in a serious relationship reports having been hit, slapped, or pushed by a partner.
4. A study of 8th and 9th graders found that 25%have been victims of nonsexual dating violence, and 8% have been victims of sexual dating violence.
5. 26% of teen girls in a relationship report enduring repeated verbal abuse.
6. 42% of boys and 43% of girls say the abuse occurs in a school building or on school grounds.
7. Over 30% of teenagers do not tell anyone about being victimized by their partner – less than 3% report abuse to police or another authority figure and only 3% tell a family member about the violence.

WHY IT MATTERS

Dating violence occurs when one partner attempts to maintain power and control over the other through one or more forms of abuse, including sexual, physical, verbal, and emotional abuse. Dating violence affects both females and males, and does not discriminate by racial, social, or economic background.
Given the prevalence of domestic violence within dating relationships, communities must work together
to prevent these violent relationships and ensure that victims of dating violence have adequate access to legal protection.

publicpolicy@ncadv.org

EFFECT OF DATING VIOLENCE ON HEALTH

Those who experience dating violence are more likely to participate in binge drinking,
fighting, and/or smoking and are at an increased risk of suffering from mental illness.13

The rates of sexually transmitted infections and pregnancy are higher for young people who
have a history of abuse.14

Harvard School of Public Health study indicated that female teenagers who are victims of dating violence are significantly more likely to become victims of sexual assault.15

It was found that females involved in violent relationships typically suffered from post traumatic
stress and dissociation, while males suffered from anxiety, depression, and post traumatic stress.14

Research strongly suggests that social support helps mitigate the negative mental health of dating violence.3AMPUS VIOLENCE

CAMPUS VIOLENCE

21% of college students report they have experienced dating violence by a current partner. 32% report dating violence by a previous partner.10

60% of acquaintance rapes on college campuses occur in casual or steady dating relationships.11

13% of college women report experiencing forced sexual intercourse by a dating partner.7

Over 13% of college women report they have been stalked. Of these, 42% were stalked by a boyfriend or ex-boyfriend.12

HOW TO HELP

One of the most effective ways to help protect young adults from the harmful effects of domestic violence is to write your legislators asking them to support the following initiatives:

1. Legislation encouraging education for middle and high school students that talks about healthy dating relationships and addresses the problem of domestic violence, sexual assault, dating violence and stalking.
2. Legislation providing additional funding for local program initiatives that provide counseling services to youth and children exposed to domestic violence.
3. Funding for local programs and schools that provide domestic violence, sexual assault, dating violence and stalking education, prevention and intervention.
4. Increased funding for the youth programs in the Violence Against Women Act (VAWA) 2005.
5. Encourage members of local schools and youth programs, including teachers, counselors, and athletic coaches, to seek training on how to recognize youth who are in violent situations and how to provide resources to intervene in domestic violence, dating violence, sexual assault, and stalking. Ask local schools about their comprehensive safety plans that address such topics.

FOR MORE INFORMATION

For more information or if you or someone you know is a victim of dating violence and wants help, call the

National Domestic Violence Hot-line at 1-800-799-SAFE and National Sexual Assault Hot-line at 1-800-656-HOPE.

You can visit also visit the Dating Violence Resource Center at www.ncvc.org

STATE DATING VIOLENCE LAWS16

Many states require a victim to be married to, live with, or have a child in common with the perpetrator in
order for criminal and civil domestic violence laws to protect the victim.

39 states and DC allow victims of dating violence to apply for orders of protection against the perpetrator.

Minnesota, Oklahoma, Utah, Washington, and Wyoming allow minors 16 years and older to petition for an order of protection without an adult. California allows minors 12 years and older to petition without an adult.

Arizona, Florida, Georgia, Kentucky, New York, Ohio, Oregon, South Carolina, South Dakota, Utah, and
Virginia does not recognize dating violence in their statutes.

If you or someone you know has been the subject of a sexual assault or rape, call Hickey Law Firm toll free at : 1.800.215.7117. We can help. We know what you are going through. See us at www.cruiseshipassault.com. We have 28 years of maritime law and trial experience. Call us today.

If you have any questions about rape or sexual assault, call us. We care. (See, www.cruiseshipassault.com). We handle these cases against the cruise lines. John H. (Jack) Hickey has testified before the subcommittee of Congress investigating crime on cruise ships and the cruise lines. Call us. All consultations are free and strictly confidential. TOLL FREE: 1.800.215.7117.

SOURCES

U.S. Department of Justice, Bureau of Justice Statistics. (2001) Special Report Intimate Partner Violence and Age of Victim, 1993-1999. Washington, DC: U.S. Government Printing Office. 2

Liz Claiborne Inc. “Study on Teen Dating Violence.” Teenage Research Unlimited, Love is Not Abuse. (February 2005). 3

In the news today, a recent animal study has found that regular use of ginko extract, which is known for preserving memory, may also help prevent brain damage during a stroke.

Mice were given daily doses of Ginko biloba before the induction of a stroke. These mice were about half the infarct volume and neurological defects as untreated mice, said Sylvain Dore, Ph.D., of Johns Hopkins University, and colleagues.

Starting doses of the plant extract given at five minutes and 4.5 hours after a stroke also appeared to reduce infarct size (P<0.01), they reported online in Stroke.

If the benefits are confirmed in human trials, ginko could be useful as prophylaxis for patients at high risk of stroke or to minimize symptoms after a stroke, Dr. Dore said.

He noted that his type of use in humans is still very far off and he cautioned that patients should consult with their physicians before trying over-the-counter ginko products.

Prior studies have found ginko to have neuroprotective and antioxidant effects in ischemia, Alzheimer’s disease, and other cardiovascular and neurological disorders, the researchers said.
Direct antioxidant action had been suggested as the mechanism for these effects, but it’s unlikely that ginko reaches high enough serum levels, Dr. Dore said.

However, his group’s experiments showed that a highly standardized ginko extract (EGb761) called the body’s own antioxidant system into action by elevating expression of heme oxygenase-1, Dr. Dore said.

Ginko “allows organs — here the brain — to build resistance against potential stress such as a stroke,” he said.

In the study, mice given the ginko extract at a dose of 100 mg/kg daily for a week before induction of cerebral ischemia had significantly less neurological dysfunction 24 hours after the reperfusion compared with those treated with placebo (P<0.01). The difference was about one point on a four-point scale.

Infarct volume averaged just under 30% for pretreated mice compared with about 60% for those in the placebo group (P<0.01). Mice given a lower daily ginko dose of 50 mg/kg also had a significant reduction in infarct volume (P<0.05).

However, none of these effects were seen with pretreatment in mice genetically engineered to lack heme oxygenase-1, suggesting this antioxidant system was necessary for the neuroprotective effects of ginko, the researchers said.

The infarct volumes and subsequent neurological dysfunction scores for these heme oxygenase-1 knockout mice were similar to those of both placebo-treated knockout mice and untreated wild-type mice.

Post-ischemic treatment with ginko also appeared effective in reducing brain injury, the researchers found. Mice given the extract orally at a dose of 100 mg/kg either five minutes or 4.5 hours after reperfusion had significantly better neurological scores and lower infarct volumes than placebo-treated mice at 24 hours (all P<0.01 or P<0.05).

But these effects faded to statistical insignificance by 72 hours with the exception of lower infarct volume for the mice treated five minutes after reperfusion (P<0.05).

Primary source: Stroke: Journal of the American Heart Association
Source reference:
Saleem S, et al “Ginkgo biloba extract neuroprotective action is dependent on heme oxygenase-1 in ischemic reperfusion brain injury” Stroke 2008.