Civil Liablity in the Jose Fernandez Boat Accident Case

It has been a month since Florida Marlins’ pitcher Jose Fernandez and his friends Eduardo Rivero and Emilio Macias lost their lives in a tragic boating accident in Miami Beach. Shortly after the tragedy, law enforcement reported the boat involved in the crash with the north jetty of Government Cut did not belong to Fernandez. It was later confirmed that Fernandez did, in fact, own the vessel. It has been also confirmed that hours before the accident, Fernandez was drinking at American Social, a Miami area restaurant and bar. A toxicology report recently released indicates that Fernandez had a blood alcohol level of 0.147 which is nearly twice Florida’s legal boating limit of 0.08. The same toxicology report concluded that he also cocaine in his system. Though Fernandez was legally intoxicated, it is now being suggested that he was not operating the boat at the time of the accident. This theory is based upon a witness telling law enforcement that he was on the phone with Fernandez near the time the boat struck the jetty.

Civil Liablity in the Jose Fernandez Boat Accident CaseIt has been a month since Florida Marlins’ pitcher Jose Fernandez and his friends Eduardo Rivero and Emilio Macias lost their lives in a tragic boating accident in Miami Beach. Shortly after the tragedy, law enforcement reported the boat involved in the crash with the north jetty of Government Cut did not belong to Fernandez. It was later confirmed that Fernandez did, in fact, own the vessel. It has been also confirmed that hours before the accident, Fernandez was drinking at American Social, a Miami area restaurant and bar. A toxicology report recently released indicates that Fernandez had a blood alcohol level of 0.147 which is nearly twice Florida’s legal boating limit of 0.08. The same toxicology report concluded that he also cocaine in his system. Though Fernandez was legally intoxicated, it is now being suggested that he was not operating the boat at the time of the accident. This theory is based upon a witness telling law enforcement that he was on the phone with Fernandez near the time the boat struck the jetty.

Who is Responsible

Though this the accident occurred on a private boat mere yards from shore, a civil case concerning who is labile will be governed by maritime law. Maritime law is an amalgamation of decisional law dating back to ancient Greece supplemented, at times, by non-conflicting state law. From the facts known to date, there are four potential sources of liability: the boat owner, the boat operator, the alcohol server and the government.

Civil Liablity in the Jose Fernandez Boat Accident Case Civil Liablity in the Jose Fernandez Boat Accident Case Civil Liablity in the Jose Fernandez Boat Accident Case Civil Liablity in the Jose Fernandez Boat Accident Case

Key West Diver Run Over by Charter Fishing Boat

A diver was severally injured when a charter fishing boat ran him over. The incident occurred off the White Street Fishing Pier in Key West last Saturday, October 8th. Witnesses stated that the injured diver, along with another man, were displaying the legally mandated divers-down flags when the charter boat struck him at a high rate of speed. It appears that a propeller from the boat nearly severed diver’s left foot. The captain of the fishing boat retrieved the injured diver from the water and reported the incident to law enforcement. The captain was directed to return to shore where Key West Fire Rescue responded. The injured diver was taken to an area hospital. There have been no reports on the victim’s condition at the time of this post.

A diver was severally injured when a charter fishing boat ran him over. The incident occurred off the White Street Fishing Pier in Key West last Saturday, October 8th. Witnesses stated that the injured diver, along with another man, were displaying the legally mandated divers-down flags when the charter boat struck him at a high rate of speed. It appears that a propeller from the boat nearly severed diver’s left foot. The captain of the fishing boat retrieved the injured diver from the water and reported the incident to law enforcement. The captain was directed to return to shore where Key West Fire Rescue responded. The injured diver was taken to an area hospital. There have been no reports on the victim’s condition at the time of this post.

Florida’s Fish & Wildlife Conservation Commission and the Monroe County Sheriff’s Office investigate such incidents. Florida law requires all divers without boats display a red divers-down symbol with a horizontal white strip that is a minimum of 12 inches by 12 inches which could take the form of a flag of buoy. Florida law also requires boat operators make a reasonable effort to maintain a distance of 300 feet of a divers-down flag or buoy on open waters.

In the civil law context, a boat operator who violates a safety statute, like Florida’s diver statutes, is presumed at fault and liable for the victim’s damages. The boat operator can only rebut this presumption by showing that the safety statute violation could not have been a cause of the accident. It is not likely that the boat operator can overcome this presumption as if a distance of 300 feet was maintained, the diver would not have been run over.

Below is a video report by The Blue Paper.

Key West Diver Run Over by Charter Fishing Boat Key West Diver Run Over by Charter Fishing Boat Key West Diver Run Over by Charter Fishing Boat Key West Diver Run Over by Charter Fishing Boat

EpiPen theft: alternative activities and what you can do about it

If you’re a parent of a child with life-threatening allergies, you know about EpiPens and the recent gigantic price hike.

EpiPen theft: alternative activities and what you can do about it

If you are parents of children with life-threatening allergies, you know EpiPens and the recent massive price increases.

Epinephrine relaxed the incidence of allergic reactions, so you can save people suffering from life-threatening reactions, such as bee stings or food allergy cases swelling of the muscles in the throat of life.

I know this whole thing, but it is not just very unhappy. On costs and basically every little detail about what lurks behind this mess sad.

My oldest son is a life-threatening food allergies, food – dairy, eggs, and most nuts, peanuts and sesame seeds. Because he was diagnosed with allergies, we always carry at least one EpiPen and Benadryl and join us.

For many years we have insurance coverage, so we were able to get only the Rx insurance EpiPen, so no big deal. We will pay $10-$40 per year for our son’s EpiPen prescription and that’s it.

However, things have changed.

With skyrocketing insurance costs, along with my husband’s employer health care plan, annual changes, and now we have a high-deductible plan.

Is very high.

So this year, this time to help my son’s EpiPen when a Cup is our online coupons, we always use, and your local Walgreens to refill the prescription to the EpiPen.

This time, however, we got a big surprise.

Make a surprise $ 600.

Pharmacists call cost EpiPen, ask me for $600 +. I almost fainted, then asked him about our coupons. Well, he further pointed out that there is fine print on the coupon (there is no – I guess it is on their website) indicates there is discount coupons and great value is about $ 100.

“Exactly what this rise in prices, and what can I do about it? “I don’t know.

So I found out about it. It is not a beautiful story.

Why EpiPen costs increase?

There are a lot of fishy things around the EpiPen costs fast growth.

EpiPen costs have increased, but with a pharmaceutical company in order to develop a universal settlement, prices begin to increase more quickly.

“We are now seeing is indicative of how much the pharmaceutical company Mylan company monopolies-they price higher briefly during the negotiations, they can, as long as they can,” David Whitrap, a spokesman for express scripts, said in an e-mail. (Source)

EpiPens make Mylan 40% of the company’s profits. The same project equipment prices in France is only $ 40. (Source) EpiPen in a few years ago was only US $ $50-60. (The source), but the cash price of at least $ 600.

Mylan said EpiPen cost increased due to technological improvements in product (source), but according to the owner of the Rx savings solution, Michael. Ray he knew nothing about it (emphasis mine) about the EpiPen should have affected the cost components of the cost. (Source) Purvi Dr Dr Mr Parekh agreed that the EpiPen years unchanged. (Source)

He said it was instead just effective marketing. This article in Bloomberg agreed, saying, “” they have to do with nobody thought you can do a lot of assets, so that its products work great. (Source)

I do not agree. Marketing is huge price reasons, because it increases demand, but on the other side of the coin–there is no competition.

As the article correctly noted that a whole range of monopoly as the EpiPen and until Government, in a manner that allows competition, prices will remain too expensive.

Mylan’s CEO stated that “obamacare” has been the fact that the cost increase is due. In a sense, she is right but is not the only confusion do we got? Get obamacare insurance costs so high, more and more people with high deductibles and no Rx copays, so now, rather than pay the small open boat plan or $ 0, and EpiPen, like we do with people throughout the cash price. Of course, Bresch conveniently ignores how much costs increased as Mylan company began manufacturing equipment.

EpiPen theft: alternative activities and what you can do about it

Mylan’s CEO compensation and ulterior transactions

Heather Bresch, Democratic Senator Joe · Manchin (West Virginia) ‘s daughter won $ 2.4 million in 2007. Last year, she made $ 18.9 million. Basically, her salary increased 600% EpiPen prices rose 400%. (Source) I was not to limit salaries, the Government (except yourself), but I think shareholders should protest against this and we should just take our business elsewhere.

OK-if she had done this kind of savvy marketing, is for the company to make a lot of money, so be it. But performance. Time to buy the rest of the adrenaline.

Even more disgusting is that the EpiPen development is purely in taxpayers ‘ money. I know all of us the value of research and development in the pharmaceutical industry, but come on. Plus, I’d rather see see all research and development in the field of natural medicine like antibiotic side effects.

Mylan’s shady social reintegration

This is where it gets really ugly.

Despite the increase in prices, Mylan company moved to further maximize their profit margins in murky accounting trick, known as the tax back. Mylan company in 2014, set out the Netherlands to reduce its effective tax rate, while its operational headquarters remained in Pennsylvania. Although said Mylan inversion should be illegal even defended her biological father Bresch inversion in an interview with the New York Times. (Source)

So the company simply cannot stay in the United States despite an increase of growth and profits, and they put all their competitors out of the market?

High corporate tax rate (and corruption) what did you see? No tax–what it is.

Alternatives to emergency care and EpiPen

For families and individuals dealing with an allergic reaction, EpiPen increased costs became prohibitive, but for emergency personnel, serious problems because they need to buy multiple devices every year.

According to this article, some EMTs use syringe of adrenaline and epinephrine injection is not to save money. (Source)

It is interesting to note the following emergency in the statistics in the above article, also pointed out that switching to syringes, since there is no problem with security:

Salt Lake health care workers and emergency response, according to the Fire Department for almost a year, 23,000 medical calls.
Less than 120 telephone deal with allergic reactions and anaphylactic shock is only seven.

In fact, Illinois passed a law allowing all EMTs management use a syringe instead of overpriced EpiPens epinephrine. (Source)

Automatic syringe as well as easier to use.

EpiPen on sale

Under pressure, Mylan recently agreed to increase to the maximum of $ 300 in coupons.

Thank you, Mylan company. So now I can pay only $350-ish, I need a Cup in July next year, obviously, since that’s mandatory Twin Pack was in Walgreens due.

Of course, I could visit all over the city to see if another pharmacy to further an expiration date, but I think this is the case, so it might not be worth my time.

EpiPen alternatives
Aka how to throw a Mylan company under the bus

Let me make that clear. This year, I’m not going to buy Mylan EpiPen. It can’t be.

Many people have called on Congress to investigate the situation.

Yes, I want to stop corruption, but I don’t know it, there’s the answer. I personally advocate for CDC whistleblower, appear before Congress, but lawmakers don’t do anything too much weight. Nothing about Hillary Clinton. Clinton’s e-mail, and what to do about it. So why should we expect them to do what? (As an aside, Mylan company is the Clinton Foundation’s great contribution, so lets not hold our breath on Hillary to do anything if she entered office) (source)

We spend a bunch (that’s you and me) of taxpayer income, then we end up – Nada.

I’m more small government people, so my idea is to let free market, working on this one and just don’t buy anything from Mylan company.

United States EpiPen alternatives

I did a bunch of research, here are some low-cost alternatives.

Get in touch here to go to GoodRx. You apply for a card, you can use the card to participate in pharmacy to get adrenaline injection-$144.62 (when published). I’ve tried, to no avail, so I will call again this week coming.

Still not cheap, but it sure is a lot better than paying more than $ 500.

Here is a list of pharmacies that may participate in the GoodRx program. Always call prior to the pharmacy, you must check.

Canada EpiPen alternatives

There are many places to let your adrenaline syringes in Canada. I checked multiple Canada sources, but Northwest pharmacy is the best price so far.

Northwest pharmacy quote $77.99 me for epinephrine injector plus $9.99 shipping. They will only accept check payments. Their dual injector is $ 144.79.

Yes, this stinks of the United States economy, so I prefer to shop at GoodRx. Coupled with this is a slightly better deal than buying 2 from Canada, so this is my first suggestion.

Cash price of a generic epinephrine injectors are still too expensive, in my opinion, it is much better than $650-ish 2.

I have our PCP called for him to talk about it. Has himself injected with vitamin B12 shots for my son, so use the syringe is not a concern for me (although I’d like to train), but like Salt Lake City EMTs carry type would be the best choice in this case certainly is to reduce administrative time preloaded syringes.

My son is very careful (or even overly cautious), and we almost never eat it, which limits opportunities for serious reactions. However, this fear is, and when you are dealing with a life-threatening problem, security trumps cost.

Expiration of EpiPens

Finally, I would like to add a bit of information. While you sort through this, if you have an expired EpiPen, keep it.

If you are involved in cases of anaphylaxis, 2-3 years out-of-date injector of epinephrine adrenaline still contains its original 90%. 5-7 syringe, about 70% to leave their adrenaline. So it is better than no adrenaline. (Source)

Intervention

Among other places to buy your epinephrine injector, please do your part and vote. Involved in the political process, with cronies and demand accountability from politicians, local and at the national level.

What do you do about high cost of EpiPens?

EpiPen post theft: alternatives, suspicious transactions and what you can do about it first appeared in the new mother.

Two women injured in a jet ski accident

Two women sustained injuries as a result of a personal watercraft accident, Monday, July 11, 2016 about a mile and half south of Bill Baggs State Park, near Key Biscayne. WSVN reports that both women were on the same Jet Ski when it ran aground, throwing them into the water.

Two women injured in a jet ski accident
Two women sustained injuries personal accidents on water, Monday July 11, 2016 about a mile and a half South of bierbagesi State Park, near Biscayne Bay. WSVN reported that the two women were the same on Jet-Ski ran aground, and threw it into the water.

Women’s neck and head injuries, was airlifted to Jackson Memorial Ryder Cup trauma hospital. Another woman was taken to Mercy Hospital was wounded in the face.

Perez party boat was found near two women and to provide them with assistance. According to Captain Perez more seriously hurt woman “could not move, floating on the water.

The two women and their names have not been released. The cause of the accident is under investigation of the Florida Fish and wildlife officials.

We have failed in large part because of the company’s pre-rent of horses for its customers the full guide individual ship accidents increased. According to § 327.54 Florida (1) pre-lease description should include and are not limited to that vessel 1) renting out business features, ships 2) safe operations and vessel traffic, 3) ship operator is responsible for the safe and proper operation of the vessel and 4) where the local channel will operate the vessel.

Our lawyers handle multiple private boating injury cases, has successfully involved failed to provide appropriate instruction for hiring a private boat livery’s negligence. If you are injured in a personal lease, and wanted to know more about your legal rights, feel free to contact our Office.

Source:

2 injured in an accident on the water near Biscayne Bay, WSVN,2016, July 11.
2 injured in an accident on the water near Biscayne Bay, the Sun-Sentinel, July 11, 2016

Photo:

WSVN,2016-year Sun TV company

Two women injured in a jet ski accident

Legal discussion on the Florida boat hit

Injuries caused by boat run overs occur with some regularity in Florida. Just in the past week, Logan Farquhar of St. Augustine lost his leg when he and four others in a fishing boat were run over in the Tolomato River by a ski boat.

Legal discussion on the Florida boat hitIn Florida boat run leftovers injury caused by some rule. Just in the past week, San Agustin Logan Farquhar lost his leg, he and four other men Tolomato River ski boat fishing at run time.

The firm has extensive experience in dealing with running from the ship rather than the victims, was in the water or cause bodily harm to another ship. We knocked down one of the recent cases involved a yacht of divers in South Florida. Effects of boat propeller to our customers including left arm nearly broke and causing significant damage and fractures of the pelvis. Our handling of another recent case involving a hit and as a passenger to ride a Yamaha attractions to another private on the back of the ship passengers. The accident leads to customers suffering from fractures of the tibia and fibula of her left. These case examples to illustrate the various types of accident injury claims our solicitors.

Legal discussion on the Florida boat hit

USPTO to host Conference on IP and 3D printing

The U.S. Patent and Trademark Office (USPTO) will host a public conference on the legal and policy considerations of intellectual property (IP) in 3D printing on Tuesday, June 28, 2016 at USPTO Headquarters in Alexandria, Virginia.

United States Patent and Trademark Office (USPTO) will be held on intellectual property (IP) Tuesday June 28, 2016, in Alexandria, Virginia, United States Patent and Trademark Office headquarters in 3D printing legal and policy considerations of public meetings.

USPTO to host Conference on IP and 3D printing3D printing technology or additive manufacturing, is the process of making solid objects in a digital model. 3D printing technology used in jewelry, footwear, construction, engineering, architecture, automotive, aerospace, medical and dental industries, education, geographic information systems, civil engineering and many other fields.

Join Conference heard in the field of intellectual property the most important voice and 3D printing technology to discuss the technical aspects of the rapid development of IP law and policy.

Speakers include Paul Banwatt, Chief Operating Officer and General Counsel in substance and form, as well as “the law,” John Hornick, Fanny IP partners and author of making “3D printing will rock the world,” 3D printing law blog main participant and Michael · Weinberg, sandstone, and so on, “it would be awesome if they don’t screw it up, author of the General Counsel: 3D printing technology, intellectual property rights and the next great disruptive technology debate. “

4.0 General Virginia application for letter of credit applications are currently pending.

To register, without any fee, but space is limited.

  • Agenda

To register, please visit https://uspto.emscloudservice.com/EmsRegics/3dprintingIP (the link is external).

Non-media enquiries, please contact Debbie · Lee, (571) 272-9300 or email usptogipa@USPTO.GOV (send e-mail).

Institute of experts the best legal blog contest

From a field of more than 2,000 potential nominees, Patent Baristas has received enough nominations to join the 250 legal blogs participating in one of the largest competitions for legal blog writing online today.

Institute of experts the best legal blog contestFrom a field of more than 2,000 potential candidates, patented coffee has received enough nominations to join the participation of 250 of the law blog law blog writing one of the greatest game online today.

Now, the blog has been nominated in their respective categories, it is up to the reader to choose the most important decision. This process allows participants to vote for each blog. Each blog will compete for the ranking in its category, but obtained the largest number of votes in any category of three blogs will Crown the overall winner.

Competition from August 27 to vote on October 9 at 12:00 in which the counting of votes will be recorded and published winners run before the end.

The competition can be found at https://www.theexpertinstitute.com/blog-contest/

Institute of experts the best legal blog contest