US Consumer Product Safety Commission (CPSC) has issued a recall of all full sized Simplicity cribs. Simplicity and its successor is no longer in business so information about the number of cribs involved is limited.

DO NOT ATTEMPT TO REPAIR THESE CRIBS!

One death and 13 other incidents have been reported to CPSC. Infants can become entrapped, wedged or fall out of these cribs because the tubular support frame can bend or detach from the rest of the crib’s frame.

This recall link gives more onfo on the affected models and examples of the mattress support failures. You can also visit the Crib Information Center for more crib safety.

Please share this with anyone who may have infants sleeping in cribs.

The average American woman consumes roughly 3,000mg sodium per day; the average American male consumes more than 4,000mg per day.  The recommended daily intake of sodium for a healthy American is 2400mg per day or less.  What could we save if everyone cut back on their sodium intake by just 1,200 mg?

According to the American Medical Association (AMA), it could prevent 92,000 deaths and 66,000 strokes per year.  It could keep up to 99,000 Americans from having a heart attack and up to 120,000 others from getting heart disease every year.  It could save $10-$24 billion in health care costs every year. 

So why are we eating so much sodium each day?  Unfortunately, unless you are cooking from scratch, 75-80% of the sodium we consume is added to food before we eat it in the form of packaged meals and restaurant meals. Some examples of this added salt are:

• McDonalds Premium Grilled Chicken Sandwich           1,190 mg sodium
• Denny’s All American Slam                                                    2,280 mg sodium
• Chipotle Chicken Burrito                                                         2,120 mg sodium
• Panera Smoked Ham & Swiss on sandwich on Rye       2,350 mg sodium
• Outback Steakhouse Baby Back Ribs                                  2,600 mg sodium
• Olive Garden’s Lasagna                                                            2,830 mg sodium
• PF Chang’s Seasame Chicken & Rice                                  3,060 mg sodium
• California Pizza Kitchen Meat Lovers Pizza                   4,130 mg sodium
• Outback Bloomin Onion                                                           5,510 mg sodium

If eating packaged foods at home, add fresh or frozen veggies to the meal to increase the fiber & potassium, and decrease portion of the packaged salt you will be consuming.  If eating out, leave half on your plate for later, request a side salad instead of salt-laden sides, and drink water with your meal.

Many thanks to our resident Registered Dietician Mindy Black for her submission. You can find out more healthy tips by contacting her.

Mindy Black, Registered Dietitian

   Thanks to Attorney Mark Papa for this recent submission for our blog.

 A common scenario in my practice goes like this:  Client applies for Social Security Disability benefits and is turned down and knowing that there is a high likelihood of another turn down and a long wait (over a year) before a hearing and with no income, the client applies for and begins receiving unemployment benefits.  How does the application and receipt of unemployment benefits affect the Social Security Disability claim? 

    The most significant impact goes to the credibility of the claimant.  On the one hand, when applying for Social Security Disability, the statement being made is “I am disabled and unable to work.”  On the other hand, when applying for unemployment benefits, the statement being made is “I am able to work and am available to work, I just have not been able to find a job.”  Which statement will the social security judge believe? 

    The social security judge is not bound by the decisions of another governmental agency, however, that decision must be considered.  On the one hand, if an application for unemployment benefits is denied because of inability to work, it can be used to show the inability to work.  If the unemployment claim is approved, then that may be used as evidence of the ability to work.  There is nothing, however, that prevents the receipt of Social Security Disability benefits due to receipt of unemployment benefits.  

    The bottom line is, having a claim for Social Security Disability benefits while receiving unemployment benefits (and vice versa) raises a red flag and, more likely than not, will have to be explained.

Please call Harrell and Harrell or visit us on the web to discuss your Social Security Disability denial.

800-251-1111

Thanks to our attorney Mark Papa for finding some interesting statistics regarding the Jacksonville, Florida Office of Disability Adjudication and Review: 

Through January 2010 in Fiscal Year 2010 (which began October 2009), the Jacksonville hearing office received a net of 1905 new cases and closed 2295 in the same time period.  As of January 2010, 7826 cases were pending in the Jacksonville hearing office. 

Also, on average, each Jacksonville Administrative Law Judge closed 2.31 cases per day.  This ranked 77 out of 143 hearing offices nationwide.  The highest average was Harrisburg, PA at 3.77 cases per judge per day.  The lowest average was Miami at 1.30 cases per judge per day. 

These and other statistics can be found at www.ssa.gov/appeals/publicusefiles.html 

Please contact Mark or his staff for assistance with your recent Social Security denial. Mark also informs me that he has had some great success with a large number of Georgia Social Security claims. I’d let you know his success rate bit I don’t want to jinx his success.

Here’s a link to a local news story talking about the most dangerous Jacksonville intersections for car accidents. Most people feel that red light cameras will help reduce traffic accidents. I worry that people will maybe spend more time looking for the cameras instead of looking for other cars.

Here’s a brief submission from one of our “intake officers” talking about the initial process of hiring a personal injury lawyer or just getting a free consultation to discuss your options. We try to make everyone feel comfortable by just clearly explaining your options, so don’t worry about high pressure sales (that’s not the point of the intake process)!

Most people are not as “sue happy” as you would think, and most only contact an auto accident lawyer after becoming frustrated with the insurance companies and the seemingly endless run-arounds they get. In my 25 plus years as a legal investigator I have dealt with countless numbers of clients who are skeptical of lawyers and doctors in general, and they only turn to a lawyer when they feel there is no other option.

My job in intake is the first step in making sure you don’t settle for less than you deserve. I make an effort to make sure new car accident clients are well informed during the initial conference. I try to put them at ease, make them feel comfortable and relaxed. Sometimes however, due to the physical pain they are enduring, this is difficult. It’s my obligation to explain the best I can how the insurance process works, how the medical bills are paid, who takes care of wage loss, who pays to fix a car, what the responsibility of the at fault person and that person’s insurance company is, and, of course, how long the process takes. 

Sometimes we have new auto accident clients who have involved other attorneys on previous cases, and I’m often told “I never got to meet a lawyer.” Meeting your lawyer happens quickly at Harrell and Harrell. I am usually able to walk down the hall and get your lawyer for a quick face-to-face. 

Statements I hear often are “I don’t want to sue the other person,” or “we are not sue happy people.” Well the good news for them is that most of the time we will only be making a claim against the at-fault driver’s insurance company, not the at-fault driver, and not necessarily even filing a law suit. We will be attempting to negotiate a fair and equitable settlement if at all possible. If that doesn’t work, then a law suit at some point might be needed. Be assured, however, that is always the client’s prerogative and choice.

Contact us if we can be of assistance with your personal injury claim.

Thanks to one of our personal injury trial lawyers, David Black, for his insight on this very relevant matter.

As a personal injury attorney, I have noticed a recent trend with defense attorneys on how they defend car accidents which result in low back injuries.   Unfortunately, instead of accepting responsibility for an accident, a defense attorney will attempt to place the blame for a client’s injuries on the client’s weight.   

For instance, a defense attorney will claim an obese individuals increased weight has caused a degenerative condition to develop in a person’s spine which is now causing low back pain.  The defense attorney will then attempt to bolster his argument by using studies and medical reports showing the relationship between obesity and back pain. 

Usually, this argument will not be made when a client has been involved in a significant accident.  However, when the accident results in minimal property damage the defense will consider the client’s weight as a possible reason for the cause of a low back injury.

 For more information regarding the relationship between low back injuries and obesity please click here. 

Contact us to run your case by David or any one of our Jacksonville personal injury lawyers.        www.harrellandharrell.com

Tabata USA in conjunction with the Consumer Product Safety Commission has recalled the TUSA RS-670 Regulators. Scuba divers should immediately stop using this product and return the regulator to Tabata or an authorized dealer for a free inspection and replacement. Spread the word to fellow divers and local dive shops to help prevent any mishaps or drowning deaths.

Here’s the link to the recall.

Here’s a quick list of things that should make this upcoming  boating season safer and more enjoyable. In no particular order:

• Check the weather forecast – it is Florida and you know what that means
• Review a safety checklist before leaving the dock or launching your boat
• USE COMMON SENSE at all times
• Designate a second person in charge to pilot your boat back to safety
• File a float plan so someone else know what you are up to
• Make sure everyone has a proper fitting life-jacket and that they know where they are stored.
• Get a free vessel safety check
• Avoid alcohol – don’t drink and drive
• Learn to swim or find out who on the boat cannot swim – they should don a life-jacket
• Check into a boating safety course even if only to refresh what you already know

Consumer Reports (CR) rated the 2010 Lexus GX 460 a Don’t Buy. From their history, they don’t issue that rating frequently or lightly. The last time they issued it was in 2001 on the Mitsubishi Montero.

CR paid for the use of a Lexus GX 460 and put it through their testing routine . In their words:

“When pushed to its limits on our track’s handling course, the rear of the GX we bought slid out until the vehicle was almost sideways before the electronic stability control system was able to regain control.”

CR tested two different vehicles with four engineers to confirm their results that the Lexus GX 460 has a higher rollover risk than other SUV’s. They have notified Toyota and the National Highway Traffic Safety Administration for their findings are are urging consumers not to buy this vehicle until a fix has been found. Contact us if you or a loved one has been injured in a rollover accident.

Check out the GX 460 video