By: Allison Lane

Bisphenol A (BPA) is a controversial, industrial chemical that has been present in many baby bottles, plastic bottles, food and drink containers, and many other household items since the 1960s.  BPA is a plastic hardener and an ingredient in epoxy resin, commonly used in can linings.  In January 2010, the Food and Drug Administration (FDA) revisited new studies and found that there were not immediate restrictions on its use.  However, in October 2009, NIH announced an approximately $30 million grant to study the health effects of BPA for the next two years, to hopefully have more defined results.

The concern is primarily focused on the effects of BPA on the brain, behavior and prostate gland in fetuses, infants, and young children. BPA is believed to mimic the hormone estrogen, which may tie it to
reproductive abnormalities and increased risks of cancer and diabetes. Infants and young children appear to be the most vulnerable because their reproductive organs are not completely formed.

It appears that humans are generally exposed to unsafe levels of BPA. The FDA is taking steps to reduce human exposure to BPA by either replacing BPA or by minimizing the levels of BPA in food can linings and
baby bottles and infant feeding cups.  Pregnant women and young children are encouraged to limit the amount of drinking from hard water bottles and from eating out of cans.

By: Allison Lane

The Transportation Department banned commercial drivers of interstate buses and trucks over 10,000 pounds, from text messaging while operating commercial vehicles.  President Obama signed an executive order prohibiting all Federal employees driving government owned vehicles or with government owned equipment, from texting and driving. 

Studies have shown that drivers who text and drive are six times more likely to get into an accident.  Research shows that a driver’s reaction time is decreased by thirty percent when the driver is texting and driving, versus a nine percent decrease when the driver is talking on the phone and driving.  The Federal Motor Carrier Safety Administration’s research shows that a driver who is texting and driving takes his or her eyes off of the road an average of 4.6 seconds out of every 6 seconds while texting.  This correlates to driving, without looking at the road, for the length of a football field, including end zones, at a speed of 55 miles per hour. 

This prohibition is effective immediately and will result in harsh penalties including civil or criminal penalties up to $2,750.00.  Prior to this prohibition, the District of Columbia and nineteen states ban all drivers from texting and driving, and ten other states restrict novice drivers from texting and driving.

The number of accidents that have been caused by texting and driving is unknown, because the police have not been required to keep track of it.  However, National Highway Traffic Safety Administration estimates that 80 percent of accidents are caused by driver inattention.  This inattention is continuing to increase with the use of cell phones and texting while driving.  A survey revealed that 60% of teenage drivers, text and drive.  The Transportation Department is concerned that it will be a difficult law to enforce, however, they have joined with safety advocates to create FocusDriven.  This organization will be similar to Mothers Against Drunk Drivers, to lobby against cell phone use and texting while driving.

Do not text and drive.

By: Allison Lane

Since 2006, the Consumer Product Safety Commission reported five deaths and 16 near strangulations related to Roman-style shades and roll-up blinds. These blinds become hazardous when the cord is exposed to a child’s reach. There are numerous ways these cords are hazardous, but the most common dangers occur if the shade’s looped cord is not attached to the wall or floor, and then a child’s neck can become entangled in the free standing loop.

There are alternatives to roll-up blinds, such as plantation shutters, automatic blinds, and cordless window coverings. While some of the alternatives may be more expensive, it is crucial to protect the safety of the children in your home. As the number of lawsuits increase, we as consumers have to take the initiative to make changes to protect our families. Prior to an accident occurring in your home, be certain that you are making every reasonable effort to remove all items that may be harmful to children. Examine all of the blinds in your home and remove or hide any cord that can be easily reached. At the very least, move all of your furniture, cribs and children’s toys away from the windows so the cords are less accessible to children.

Multiple retailers are participating in this recall please see www.windowcoverings.org for more information. If you, a family member or friend are faced with any tragedy or near tragedy associated with these blinds, please contact Balkan & Patterson.

Fisher-Price and its parent company Mattel settled a 2007 class action lawsuit on Tuesday for 17 million recalled toys – the largest recall of children’s toys to date. Attorneys with the Florida-based class action law firm of Balkan & Patterson served on the class action’s executive committee and represented a member of the original class of 22 plaintiffs.

The initial settlement was filed in Los Angeles on Tuesday, Oct. 13, and will resolve the original suits filed against Mattel, Fisher-Price and large toy retailers behalf of millions of American children and families who purchased or received the defective toys as gifts before they were later recalled or removed from store shelves. The settlement amount has not been confirmed but was estimated to be around $50 million.

Mattel and Fisher-Price will be required to refund consumers who purchased or acquired the toys, provided the settlement is approved by the Court. Families who had to test their children for lead poisoning or exposure will also be reimbursed for the cost of testing. The settlement also includes the implementation of a quality assurance program within Mattel, which will be overseen by the Court. The quality assurance program will ensure that toys produced and distributed by Mattel and/or Fisher-Price are safe and free of any toxic materials.

To sign up to receive a payment or learn more about the settlement, visit www.MattelSettlement.com. A complete list of the affected toys is also available.

The main office of Florida trial attorneys Balkan & Patterson is located in Boca Raton, Florida, with a satellite office in Hollywood, Florida. They represent personal injury, auto accident, defective products, and consumer fraud clients throughout South Florida, including all of Palm Beach County, Boca Raton, Deerfield Beach, Lighthouse Point, Parkland, Delray Beach, Boynton Beach, Broward County and throughout the United States. For more information, please visit www.balkanpatterson.com.

Boca Raton, FL –Balkan & Patterson, LLP, a personal injury and class action law firm based in Boca Raton, is pleased to announce the addition of attorney Allison Lane to its legal team. Lane joins the firm as a skilled associate attorney and will serve personal injury, auto accident, class action and wrongful death clients in South Florida.

A graduate of the University of Florida Levin College of Law, Lane was accepted into The Florida Bar in 2007. To date, she has been practicing with a personal injury firm in Palm Beach County and has achieved a verdict in excess of $1 million. She will continue to represent auto accident, personal injury, class action and wrongful death clients at our Boca Raton and Hollywood locations. For more information about Lane, please click here.

The main office of Florida trial attorneys Balkan & Patterson is located in Boca Raton, Florida, with a satellite office in Hollywood, Florida. They represent personal injury, auto accident, defective products, and consumer fraud clients throughout South Florida, including all of Palm Beach County, Boca Raton, Deerfield Beach, Lighthouse Point, Parkland, Delray Beach, Boynton Beach, Broward County and throughout the United States. For more information, please visit www.balkanpatterson.com.

A local West Broward High student, age 17, died Thursday after her car hit a tree in Southwest Ranches around 7:30 am on Thursday morning. She lost control of her vehicle, crossed into the opposite lane and hit a tree. Sheriff’s Fire-Rescue personnel took the teen to Memorial Regional Hospital’s trauma unit in Hollywood, where she died shortly after. To view the full story, please click here.

This tragic accident highlights the need for teen driving safety and education. Accidents can happen so easily and in just the blink of an eye. Auto accidents are the leading cause of death for teenagers, and all too often, these accidents could have been prevented.

The personal injury and auto accident law firm of Balkan & Patterson stresses the importance of proper young driver education in order to protect our young teens and our communities from other tragedies like this. For more information about Balkan & Patterson or to find resources for safe driving practices, please visit our website at www.balkanpatterson.com.

A woman was killed in Coral Springs this morning on the Sawgrass Expressway after her car had a flat tire. She was walking to get help when she was struck by two cars. According to the Florida Highway Patrol, she was walking in the traffic lanes when she was hit.To view the complete story, please click here.

This accident reinforces the need for drivers to ensure their vehicles are in good working condition to prevent and be prepared for incidents such as this. By having the appropriate spare parts, it would be possible to fix the tire without having to leave the vehicle and seek assistance. Additionally, services like AAA can assist drivers is the event of an emergency. If you do have an emergency and have to leave your vehicle, use extreme caution, especially when walking in a high-speed traffic area like an expressway or highway.

The law firm of Balkan & Patterson LLP works with personal injury, auto accident, premises liability and wrongful death clients in Boca Raton, West Palm Beach and all of Broward County, including Parkland, Lighthouse Point and Coral Springs. If you or a loved one has been injured due to the negligence of another, please contact us for a free consultation at www.balkanpatterson.com.

Boca Raton personal injury and child abuse attorney Adam Balkan was quoted as an expert source for a Florida Associated Press story looking at state schools and how they view restraint and seclusion laws.

Mr. Balkan is a leading attorney and advocate for children’s rights, especially for special needs and autistic children in Boca Raton, Palm Beach, Broward County and throughout the state of Florida. It is a national trend that special needs students are abused and mistreated by teachers and teachers aides in public and private schools.

To view the complete story, Florida Officials Struggle with School Restraint Rule, please click here.

A new British public service announcement is gaining international media attention because of its graphic nature: however, it is also drawing attention to the fact that texting while driving is extraordinarily dangerous and puts many lives at risk when drivers turn their attention from the road to their cellphones.

The PSA shows three teenage girls driving down the road, giggling and having a great time. As one girl is shown texting while driving, she veers into the other lane and causes a major accident. She looks over at her friend, dazed, only to see a third car approaching the accident and violently crashing into them. The result is a realistic video with plenty of blood, smashing cars, breaking bones, death andthe reality of the danger that is texting while driving.

You can view the video here on YouTube. Before watching, be warned: this video is graphic and visually disturbing.

The law firm of Balkan & Patterson serves all types of personal injury, product liability and auto accident clients through Palm Beach and Broward counties, including Boca Raton, Lighthouse Point, Deerfield Beach, Delray Beach and Parkland. For more information, please call us at (561) 750-9191 or visit our website at www.balkanpatterson.com.

An onslaught of product recalls in the past year has drawn international attention to the fact that many of the products we use in our homes and purchase for our families are not always safe. The toys our children play with are not exempt from these recalls, and in fact, toys are frequently on the top of the product recall list.

More than 550 products were recalled in 2008, and the majority of them were toys and cribs. While a toy might be designed in the U.S., most are made overseas in countries like China, where they don’t have the same standards for safety and quality control. Because of the numerous recalls, class action lawsuits, and the potential dangers to our children, new legislation was passed to increase testing and regulations on many of these products. The legislation, called the Consumer Product Safety Improvement Act, was enacted in Feb. 2009, but the deadline for compliance with the new regulations has been extended until next year.

Essentially, the legislation prohibits the use of lead and certain toxic chemicals in toys and infant products and requires them to be tested before they are approved for sale to consumers. Manufacturers and importers of all sizes of children’s products will not need to test or certify to these new requirements until Feb. 10, 2010, but they must meet the lead and phthalates limits, mandatory toy standards and other requirements. More information about the legislation can be found on the Consumer Product Safety Commission website.

Until there are better regulations in place for toys, there are a few tips parents can keep in mind when shopping for these products.

• Read Labels: This information gives age and safety recommendations for each toy.
• Be Age Appropriate: Certain toys are designed for different ages. Make sure your children’s toys are specific to their age.
• Small Parts or Magnets: If you have young children, use caution with these types of toys. Small parts or magnets can cause serious injuries if swallowed.
• Research: Before buying anything, consult the Consumer Product Safety Commission website for the most up-to-date information on recalled products.

Adam Balkan is a partner in the law firm of Balkan & Patterson. As a parent and a Parkland resident, he works to protect our communities and handles all types of personal injury cases, including class actions, product recalls, auto accidents and cases of child or special needs student abuse.

The law firm of Balkan & Patterson serves all types of personal injury, product liability and auto accident clients through Palm Beach and Broward counties, including Boca Raton, Lighthouse Point, Deerfield Beach, Delray Beach and Parkland. For more information, please call us at (561) 750-9191 or visit our website at www.balkanpatterson.com.