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Miami Accident and Injury News

FDA Recalls Breast Implants Which Are Linked To A Rare Cancer

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The Food & Drug Administration has recalled, textured breast implants that were made by Allergan. The FDA also announced that the implants will be recalled globally. The Allergan devices were banned in Europe late last year. The disease which the implants are linked to is anaplastic large cell lymphoma, a rare cancer of the immune system.

The disease develops in the tissue around the implant however it is not breast cancer. If detected early, removing the implant and the scar tissue around it can cure the cancer, however if not detected it can spread and kill the patient. Worldwide, there have been 573 cases of this cancer and 33 deaths reported. Four hundred and eighty one of the cases, are clearly attributed to the Allergan Biocell implants. The FDA reported that of the 33 deaths, the type of implant was known in thirteen cases, twelve of which involved Allergan.

Dr. Jeffrey Shurman, the Director of the FDA Center for devices and radiological health stated “that the data regarding the deaths was particularly informative of our decision”.

In the U.S. breast enlargement is the most popular type of plastic surgery. In 2017 there were more than 300,000 elective breast enlargement surgeries in the United States. There was an additional 100,000 implant surgeries during reconstructive surgery after mastectomies for breast cancer.

TODDLER FOUND DEAD IN DAYCARE PRE-SCHOOL VAN

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Another tragedy in South Florida. On Monday, July 29, 2019, a two year old boy was found dead after being left in a van outside of a daycare center. The toddler had been picked up by the van from Ceressa’s Daycare and Pre-School in Oakland Park. He had been picked up early that morning and apparently never got out of the van when they arrived to the Daycare Center. An employee of the Daycare Center noticed the body of the boy in the van at about 3pm and called authorities. He was pronounced dead in the van.

According to the National Highway Traffic Safety Association, young children are at a high risk of dying from heat stroke because “their body’s heat up 3 to 5 times faster than adults”. This means a sealed vehicle can turn deadly in as quickly as ten minutes. KidsinCars.org, tracks these horrific incidents. They reported that this was the fourth child in Florida to die this year from being left in a vehicle and the 24th to die nationwide. The Broward Sheriff’s Office is determining whether to bring criminal manslaughter charges in the death of the two year old.

Although not the case here, often times there’s a parent who forgets their child in the car. When this occurs some parents are not charged, some are charged with felonies, like involuntary man slaughter and others still are charged with misdemeanor like child endangerment. According to Amber Rawlings the Director of KidsinCars.org. “All and all there’s no rhyme or reason to how these cases are treated”. The Organization has identified 494 deaths involving caregivers who said they were not aware and had left their children in hot cars. Forty-three percent of those cases resulted in no charges being filed. Thirty-two percent, found that the caregiver was charged and convicted and in eleven percent of the cases, charges were brought however the judge or jury did not convict the caregiver, the remaining fourteen percent are still open cases with status “unknown”.

The Broward Sherriff’s Office, issued warrants to look into the Ceressa’s Daycare Center Van in which the child’s body was found. To date, the BSO has not announced charges or named anyone involved in the child’s death. The BSO investigators sought to collect “documents with kids pick up and drop off information and additionally took a DNA swab inside the interior door of the van.

Given the scorching summer temperatures in South Florida, it is unsafe to leave a child in an unattended vehicle for any period of time. These deaths are 100% preventable if the caregivers simply take the appropriate steps and measures to ensure the van/vehicle is unoccupied at the time it parks.

FEDERAL JUDGE – CALLS HEALTH INSURANCE CARRIER IMMORAL AND BARBARIC FOR DENYING TREATMENT

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On April 29, 2019, United States District Judge Robert N. Scola, Jr., entered an Order of Recusal in the case of Richard Cole, on behalf of himself, and all other similarly situated vs. United Healthcare Ins., Co.  The Judge had been presiding over a case brought by Richard Cole, a local Miami attorney.  Richard Cole alleged that United Healthcare Insurance Company, wrongfully denied coverage for proton radiation treatment for his prostate cancer.  Richard Cole brought the claim on behalf of himself as well as all others whom had been denied coverage for this treatment by United Healthcare Ins. Co.  Fortunately, Mr. Cole had the ability to pay for the proton radiation treatment and has been cancer free since treatment was completed. 

In his Order of Recusal, Judge Scola courageously states that in early 2017, he had been diagnosed with prostate cancer.  As a result, he consulted with top medical experts throughout the Country, all of whom opined that if Judge Scola was to opt for radiation treatment, proton radiation was the far wiser course.  Additionally, the Court references a close friend, who faced the same facts as Mr. Cole and was denied proton radiation treatment by United Healthcare and had to personally pay the $150,000.00 necessary for the treatment.  Like Mr. Cole, he too is cancer free following the treatment,

In conclusion the Court stated “It is undisputed among legitimate medical experts that proton radiation therapy is not experimental and causes much less collateral damage than traditional radiation. To deny a patient this treatment, if it is available is immoral and barbaric.”

Given Judge Scola’s strong opinions, he entered the Order of Recusal as he believed he could not decide the case fairly and impartially.

If you believe that your health insurance carrier has wrongfully denied a claim contact the attorneys at Kaire & Heffernan for a free consultation.

Florida to Outlaw all forms of Distracted Driving?

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A bill unanimously approved by a state committee on Wednesday, March 6th 2019 may outlaw all forms of distracted driving such as holding a cell phone, applying makeup, reading, or any other activities deemed distracting. This bill was created in an attempt to lower the percentage of motor vehicle accidents on the road.

Senator Wilton Simpson made a statement referring to distracted driving as an epidemic in Florida, emphasizing that it is far beyond just car on car collisions. He goes on to explain that in comparison to the rest of the United States, the state of Florida has a record number of deaths in biking and jogging, almost all due to distracted driving.

Current state law deems texting and driving to be illegal, however, a driver can only be ticketed if they are first pulled over for something else. This new bill would make texting and driving, or driving in a distracted manner, a primary offensive. This meaning that someone could now be pulled over solely for their distracted driving.

Once in effect, law enforcement officers will also be recording the race and ethnicity of the ticketed drivers which they will then compile to an annual report to the governor; a provision that Senator Randolph Bracy requested in an attempt to avoid the distracted driving ban to be used for racial profiling.

Many parents who have tragically lost children from distracted driving or a distracted driver are large advocates of having this bill approved and are urging the committee to push it through, referring to the use of wireless devices as an addiction.

Thus far, this Senate Bill has been unanimously approved in the first two of four committee steps, and if enacted, Florida would ease into this new law by giving warnings for the first three months before ticketing.

Working with the lawyers at Kaire & Heffernan, you will not be charged for our services until and when we get you money. If you or a loved one have been in an accident caused by distracted driving, schedule a free consultation today.

Samantha Heffernan

Top 5 Mass Torts of 2018

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As we head into 2019, I thought it would be interesting to look back at the Top Five Mass Torts of 2018.  The first question you may have is what is a mass tort?  A mass tort is a civil action involving numerous plaintiffs against one or a few defendants.  The losses arise out of the defendant causing numerous injuries through the same or similar act of harm such as a prescription drug, or a medical device, or a defective product.

These mass torts generally involve causes of action nationwide.   It should be noted that mass torts are not necessarily class actions as class actions have several characteristics and must meet certain specific criteria.  Potential members of the class must be notified of the suit, given the option to join or find their own attorney.  In order for a class action to take place, a motion must be filed with the Court to ask the class to be certified.

Difference Between Mass Torts and Class Actions

Mass torts are different.  Although they also attempt to reduce the number of cases in the system, Mass tort cases are handled much differently.  Mass tort cases are brought because people are injured on large scale by a defective drug or defective products.  Mass tort actions are filed on behalf of the individual in either State Court or Federal Court.  If there’s a sufficient number of cases filed in Federal Courts, the Plaintiffs then petition the Federal Court to form an MDL (Multi-District Litigation) which is a special Federal legal procedure designed to speed the process of handling complex cases including a defective drug of product.

For purposes of liability, all cases filed within the Federal Court system are consolidated before a Multi-District Litigation Judge.  Groups of both Plaintiff and Defense lawyers are appointed by the Multi-District Litigation Judge to spearhead the discovery direction of the litigation regarding liability.  Often there are bellwether trials (test cases).  Often following a bellwether trial a Global Settlement is reached wherein Plaintiffs are placed within a grid defining certain criteria to determine the damages to be awarded to each of the Plaintiffs in each specific category.  If a Global Settlement is not reached, however, the liability is established, the cases are deferred back to the Federal Courts where they were filed for individual trials on damages.

Top Five Mass Torts of 2018

Roundup

The essential allegations are that Roundup, a weed control product was linked to the occurrence of cancer.  Roundup is manufactured by Monsanto.

The Multi-District Litigation (MDL) was consolidated in the Northern District of California in October 2016.  The first bellwether cases are scheduled for February 26, 2019, and May 6, 2019.  The allegations were that Roundup caused cancer, specifically Non-Hodgkin’s Lymphoma.

There was a State Court case (not part of the MDL) in which in August 2018, a jury returned a $289,000.000.00 verdict.  Dwayne Johnson v. Monsanto.  Punitive damages of $250,000,000.00 were also awarded.  In October 2018 a Northern California Judge upheld the verdict that found Monsanto’s weed killer caused cancer however she reduced the verdict from $289,000,000.00 to $78,000,000.00.  The Judge also reduced the $250,000,000.00 punitive damage award to $39,000,000.00.

Benicar

This is a blood pressure medication manufactured by Daiichi Sankyo, Inc., and Forrest Laboratories, Inc.  It was alleged that the manufacturer failed to disclose to consumers potential occurrences of severe side effects such as chronic diarrhea, nausea, malnutrition, dehydration, and weight loss.  The Benicar suits were centralized into a Multi-District Litigation (MDL) in New Jersey.

The Benicar MDL was formed in April 2015.  In 2017, a $300,000,000.00 master settlement agreement was reached.  In May 2018, the settlement amount was increased to $358,000,000.00.  The requirement was that 97% of the claimants opt into the settlement.  The terms of the settlement agreement were triggered in June 2018 when 97% of the eligible participants agreed to the settlement.  The remaining Plaintiff’s (3%) are still pursuing cases in the New Jersey District Court.

Flu Diagnosis

Invokana

This was a popular drug used to treat Type 2 diabetes.  Plaintiff’s claims that Invokana can cause serious kidney problems and diabetic ketoacidosis, a potentially life-threatening condition.  The Invokana MDL was formed in 2016 in the District of New Jersey.  The initial bellwether trials were projected to begin in December 2018 however it appears that both sides have entered into serious settlement discussions.  It appears that settlement may ultimately be forthcoming for a “confidential settlement amount”.

IVC Filter

An IVC Filter is a small cage-like device that’s implanted in the main vein that returns blood in the lower half of the body to the heart and lungs.  The filter is designed to capture migrating blood clots that have broken loose in the legs and that are moving towards the heart and lungs.

IVC is manufactured by Bared and an MDL was consolidated in the US District Court of Arizona.  An initial bellwether trial was conducted in March 2018 and resulted in a $3.6 million dollar jury verdict.  The second bellwether trial ended with a defense verdict and the third ended on grounds of summary judgment on behalf of the defendant.  A fourth bellwether trial also resulted in a finding for the defense.  The next scheduled trial in the IVC Filter (MDL) is set to begin in May, 2019.

Talc

This litigation is in both state courts and in an MDL.  Plaintiffs alleged that the manufacturers of the talc, Johnson & Johnson, deliberately exposed millions of Americans to a talc powder which causes cancer.

The MDL was consolidated in the District of New Jersey.  A number of the high profile talc cases have gone to trial in State Courts.  In the St. Louis Circuit Court, 22 women were awarded a $4.6 billion dollar jury verdict.

The verdict consisted of $25 million in damages to each of the 22 Plaintiffs and an additional $4.14 billion award in punitive damages.  There have been other multi-million dollar jury verdicts along with some Defense verdicts as well.  The question of liability in these cases is far from resolved.

 

Patients May Have Been Exposed To Diseases At Miramar Orthodontic Clinic

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Last week, Nova Southeastern University sent a letter to 1152 patients who may have been exposed to HIV, hepatitis B and hepatitis C, at one of its 12 dental facilities. The orthodontic clinic is located at 3200 South University Drive in Miramar, Florida.

The November 23, 2018 letter was sent by Linda Niessen, a dean of the College of Dental Medicine. The letter identified three orthodontic procedures that may have exposed the patients to disease, having braces put on, braces removed or a bracket repair.

An NSU spokesman stated that the risk for potential exposure was caused by the failure of some post doctoral residents (dentists still in training) to properly sterilize the equipment. The university has not disclosed a time frame during which patients may have been exposed.

Given the significant health risks posed by these viruses, it would be prudent of patients who may have been exposed to advise their doctors.

David R Heffernan

Are Safety Measures Helping Decrease Accidents on I-95 in Miami-Dade?

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Drivers in the Miami-Dade County area have likely noticed that new poles were installed on Interstate 95 to separate express lanes from general use lanes. The poles were installed two years ago in an attempt to make the highway safer, and preliminary evidence now shows that they are having a significant positive impact on highway safety.

Lane Diving and Miami’s Challenges

Miami’s highway infrastructure challenges are not too unlike those in many other cities. As metropolitan areas grow, and traffic volumes increase, highways need to be expanded in areas where there is often not much available space. This can lead to situations, as is the case for I-95 in Miami, where express lanes are not separated from local, or general-use, lanes by a concrete barrier; the generally preferred setup. Instead, they are separated by poles, cones, or sometimes just solid white lines.

Unfortunately, the poles installed in along I-95 in Dade County 2008 proved insufficient in preventing what is often referred to as “lane diving”, where motorists illegally cross between standard and express lanes on the highway1. In order to be both safe and effective, express lanes require some form of controlled access. Otherwise, express lanes become no different than any other lane on the highway.

Drivers in express lanes can safely travel at speeds faster than the rest of the highway because they are separated from the other lanes of traffic. Otherwise, that safety is undermined, as vehicles traveling at different speeds interacting with each other often leads to accidents. This is exactly what happens when “lane diving” is widespread, as it was along I-95. To combat this “lane diving”, the Florida Department of Transportation, at the end of 2016, replaced the poles separating the express and general lanes with sturdier ones, while also increasing the number of poles.

I-95 Accident Statistics


Heatmap of accidents on I-95 from 2013 – 2017

Preliminary data for 2017, from the Florida Integrated Report Exchange System, suggests that the stretch of I-95 in Miami-Dade County, where the new poles were installed, has gotten safer relative to the rest of the state.

Florida is a fast-growing state, where the population continues to increase by a rate of over 10% per decade. The three counties that make up the vast majority of the population of the area, Broward, Miami-Dade, and Palm Beach Counties, have been if anything growing slightly faster than the state as a whole. Perhaps due to this growth, the number of accidents that occur along Interstate 95 continues to grow.

i95-accidents

Figure 1: Annual Accident total for Interstate 95 in Florida, according to data from the Florida Integrated Report Exchange System. 2017 data is considered preliminary and has been adjusted to account for reports that have likely yet to be reviewed.

However, while adjusted 2017 data shows the continuation of a general statewide upward trend, that trend has not been uniform throughout the state.

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Figure 2: Accident totals for Interstate 95’s four most significant counties, using the 2017 correction

Miami-Dade County’s adjusted preliminary accident total for 2017 is lower than 2016. Meanwhile, Broward and Palm Beach Counties saw their accident totals continue to increase as they have been for the past few years. The percentage of I-95 accidents occurring in Miami-Dade County is also decreasing.

 

Percent of allI-95 accidents that occur in Miami Dade

Figure 3: The percentage of total accidents along I-95 in Florida that occur in Miami-Dade County each year

It should be no surprise that Miami-Dade County makes up the largest share of accidents along I-95 in Florida. For the period 2013-2017, 31% of all I-95 accidents occurred in Miami-Dade County. However, not all accidents are equal. Statewide, 75.7% of all accidents lead to at least one injury, and 1.9 out of 1000 incidents lead to at least one fatality. Within Miami-Dade County, those numbers are 72.7% and 1.2 out of 1000.

Have the New Poles Been Working?


Fatal accidents on I-95 from 2013-2017

Still, the statewide trends in accident totals are alarming. Accident totals for I-95 in Florida, statewide, grew at an average rate of 12.5% per year from 2013-2017. This is faster than the state and region’s rates of population growth. In fact, according to the National Highway Traffic Safety Administration, Florida’s vehicle fatality rate is significantly higher than the National Average, particularly in rural areas.

The upward trend in the total number of vehicle accidents may be related to distracted driving, something that has become a bigger and bigger problem over the past decade. The Florida Integrated Report Exchange System Data indicates that distracted driving is a factor in nearly 8% of all accidents. In recent years, distraction is listed as a factor for an accident nearly eight times as frequently as alcohol.

number of fatalities on i-95 in florida

Figure 4: Fatalities per year on I-95 in Florida according to Florida Integrated Report Exchange System Data

Fortunately, however, it appears as if, despite the increase in the number of overall accidents, they are becoming less fatal.

The new poles installed along I-95, two years ago across Miami-Dade County had a positive impact on safety. This safety innovation has lead to a reduced accident rate in Miami-Dade County. However, Statewide, numbers continue to increase at an alarming rate, while Florida continues to be a more dangerous place to drive than the nation as a whole. Luckily, the number of fatalities appears to be decreasing, and fortunately for those driving in Miami, accidents in Miami-Dade County appear to be less likely to lead to injuries or fatalities than accidents elsewhere in the state.

miami-potholes

Infrastructure, Safety, and Potholes Make Miami Among Worst Cities for Drivers

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Potholes may seem like only a minor nuisance for drivers. However, a recent study conducted by the American Automobile Association estimates that potholes are responsible for about $3 Billion worth of automobile damage per year across the country.  Worse still, potholes, along with poor road conditions in general, pose a significant safety hazard. Vehicles impacted by potholes are suddenly stopped, slowed down or redirected, leading to accidents. Accidents can also occur when drivers swerve to avoid potholes. A study conducted by the Pacific Institute for Research and Evaluation concluded that about half of America’s 35,000 traffic deaths per year could be attributed to poor road conditions.

Florida Is Far From the Worst

Florida is generally fortunate when it comes to road conditions.

 

road-condition

Figure 1: 2016 U.S. road conditions based on a U.S. News infrastructure ranking

One major source of potholes in many U.S. cities is wintertime freeze-thaw cycles. When water on roadways freezes and melts, it also expands and contracts, creating potholes. This never happens in Florida due to the warm climate.  However, there are other mechanisms by which road conditions deteriorate. Road conditions also depend on other factors, including the volume and type of vehicles on the roadway and how well they are maintained.

Miami Major Safety and Infrastructure Issues

When it comes to road conditions, not all places in Florida are equal. While the entire state enjoys the advantage of not having to deal with frequent freeze-thaw cycles, there are significant differences across the state when it comes to roadway traffic as well as road maintenance. There is evidence that drivers in the Miami-Dade County area do not enjoy the same high quality of road infrastructure that the rest of the state does.

In 2018, WalletHub studied the 100 largest cities in the U.S. to determine which ones were the best and worst to drive in. The study ranked these 100 cities with respect to multiple factors related to the driving experience.  Miami (74th overall) was near the bottom in three of the four main categories: Cost of Ownership & Maintenance (70), Traffic and Infrastructure (84), Safety (90th!!!). Despite its poor showing, it was ranked as the best city for Access to Vehicle and Maintenance. Jacksonville(9), Orlando(3), and Tampa(10) fared far better in nearly every category.

Miami’s Pothole Problem

We took some time to submit an FOIA request with the city if Miami for data related to where citizens report the existing of potholes. We were also able to obtain this information for Miami-Dade County.  We compiled the data into a heat map to help show the areas of the county where roads are in the worst shape. The map indicates certain neighborhoods within the Miami-Dade County where motorists can expect an exceptionally bumpy ride. The largest clusters of potholes are within the Miami city limits seem to be in Allapattah, Wynwood, Little Haiti and most of the downtown Maimi area.

When a pothole is reported to the City of Miami it takes an average of 10 days to close the ticket. Nearly 86% of pothole reports are made via phone.

Locations with the Most Potholes in Miami-Dade County

Heat map of potholes in Miami-Dade County based on data for the year 2017

Although the State of Florida enjoys some of the best road conditions in the country, this is not necessarily true of the Miami-Dade County area. Miami, as a city, fares fairly poorly when compared with other large U.S. cities with respect to roadway conditions, infrastructure, and safety. Potholes and poor road conditions, in general, continue to be a major hazard across the country. The American Society of Civil Engineers estimates that America’s highways and bridges currently need $836 Billion worth of maintenance and repairs. With automobile damage, collisions, and fatalities on the line, it is necessary for motorists to exercise caution in problem areas.

Motorists should be especially mindful while driving through two specific parts of Miami-Dade County. First is downtown, where potholes occur in the highest volume. Second are the unincorporated parts of the county, which are prone to locations with large numbers of potholes in one place. Each year, 35,000 motorists die on America’s highways and roads. Improvements in road conditions and drivers aware of areas where road conditions are prone to deterioration can help reduce that number.

Miami-Dade residents can report potholes online or over the phone by calling 3-1-1.

 

 

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E.coli Outbreaks at Publix in Florida

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E-ColiOn September 19, Cargill Meat Solutions announced a recall of 132,606 pounds of beef. This recalled product, which consisted of 3-pound, 10-pound and 20-pound chubs of beef produced June 21, had been sent to companies such as Certified Angus Beef, Excel, Fire River Farms, Our Certified, and Sterling Silver. All affected product was labeled “EST. 86R” inside the USDA mark of inspection.

The USDA recall notice advised consumers who had purchased these products to throw them away or return them to the place of purchase.

On August 30, Publix recalled Cargill beef in several Florida counties after 18 cases of E. coli were connected to its consumption. Of these illnesses, 15 appeared in Florida and one each in Colorado, Massachusetts, and Tennessee. Six people had to be hospitalized and one person in Florida died.

What the Tests Detected

Laboratory testing detected E. coli O26 (STEC O26) in leftover ground beef collected from the home of a Florida victim. WGS (whole genome sequencing) analysis confirmed that the strain was closely related genetically to the E. coli O26 strain isolated from the ill consumers. The USDA Food Safety Inspection Service traced the incidents to raw ground beef purchased at Publix, triggering the recall.

Cargill e-mailed a statement to the Miami Herald expressing its distress to learn about the fatality and illness. The company urged people to check their freezers for affected product and throw it out to prevent possible illness.

This is not the first time Cargill had been forced to recall its product for health and safety reasons. Additional beef recalls were made in 2007 and 2010 after some consumers became ill with E.coli. The company also experienced issues with salmonella twice in 2009 and once in 2011.

What Is STEC O26 and What Are the Causes of E Coli?

There are multiple strains of the bacteria Escherichia coli (E. coli). The majority of them are harmless and actually present in the intestinal system of healthy people and animals.

  1. E-coli O26 is not so benign. It is a variation of the Shiga toxin-producing E. coli (STEC). According to the Centers for Disease Control, 265,000 STEC incidents occur each year in the United States. People become ill an average of three to four days after exposure to the organism, which can result from the following conditions:
    1. Eating contaminated, undercooked ground beef
    2. Eating spinach, lettuce, or sprouts that have been washed or irrigated with E. coli-contaminated water
    3. Improper food handling, such as lack of proper hand washing
    4. Touching an infected animal (for example, at a petting zoo)

STEC O26 created an emergency condition at the end of October 2015, when health officials in Washington and Oregon announced a suspected connection between an E. coli outbreak and food served at Chipotle restaurants in both states. By November 3, Chipotle had closed 43 restaurants in both states, but by the end of December, a total of 53 cases were reported in nine states.

Symptoms of E-Coli Infection?

Most victims of STEC 026 infection experience vomiting, abdominal pain, and bloody diarrhea. The most severe cases can develop dehydration and kidney failure. Young children, older adults, pregnant women, and those with weakened immune systems are at greater risk for developing these complications.

Infection is usually diagnosed by testing a stool sample, and treatment generally consists of intense rehydration and other forms of supportive care. While most people recover within a week, but in rare instances, they may develop hemolytic uremic syndrome (HUS), a type of life-threatening kidney failure that is now known as the most common cause of acute kidney failure in children.

What Can Be Done?

At Kaire & Heffernan, LLC, we fight for the rights of clients whose lives have changed because of someone else’s negligent actions or omissions. When a supplier makes contaminated beef available to the public, it can have a detrimental effect on your present and future circumstances. For example:

  • You suffer from excruciating pain
  • You may lose days or even weeks from your job, resulting in lost income
  • If you don’t have health insurance, you may be facing huge medical bills
  • If you are pregnant, an E.coli infection can have a detrimental effect on your baby
  • In rare cases, death may result

If you or someone you love has become seriously ill with an E.coli infection after consuming contaminated food, let us help. Our experienced personal injury team will protect your best interests by aggressively negotiating on your behalf and even taking your case to trial if necessary. We will not stop in our efforts to get the compensation you need to heal and make a full recovery.

At Kaire & Heffernan, LLC, we will offer a free consultation to discuss your case and the possibility of pursuing legal action. Please contact us now to find out how we can help.

15 Best Bike Trails in Miami Dade County

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15 Best Bike Trails in Miami-Dade County

There is no shortage of activities to keep yourself entertained in the Miami-Dade area. Whether you’re a local or a native, Miami and the surrounding county has something for you to enjoy. If you’re looking for the beach, the art scene, or a great dinner, Miami has it all. For those looking to take a breather from the fast-paced lifestyle, a bike ride can be a great way to do so. The Miami-Dade area offers a tremendous selection of bike paths and trails for riders of all skill levels.

Trails through the Everglades or paths right along the beach are just some that you’ll encounter. You’ll find urban trails that give you an up-close look at parts of the city, while more remote paths envelop you in the area’s beautiful natural ecosystem. Whatever type of bike adventure you’re looking for, Miami-Dade has it all. Check out our list of the 15 best bike paths/trails for you to enjoy:

South Pointe Park – Miami Beach

South Pointe Park is one of the most photogenic and beautiful places to ride. You’ll get panoramic views of the sparkling Atlantic Ocean complimented by plenty of palm trees. With easy beach access and plenty of places to eat, you can park your bike and enjoy the surroundings. The park is a popular spot for tourists but is plenty spacious enough to let you get a comfortable, pleasant bike ride. You can either bring your own two wheels or rent some from one of the on-site rental shacks.

Shark Valley Trail – The Everglades

If you’re looking for sharks (not sure why you’re doing that) this is not the place. If you’re looking for a great place to ride a bike, then the Shark Valley Trail is a perfect destination. A 15-mile paved road offers plenty of distance for bikers of all skill levels. Shark Valley is situated right in the heart of the Everglades National Park. You’ll pedal through tall sawgrass and tropical greenery during your ride on this scenic trail. You may even run into one of the native inhabitants: the alligator. Make a stop at the observation tower to get a bird’s eye view of even more wildlife like herons, deer, turtles, and more! This trail is perfect for your next Instagram post and will be a delight to ride.

Old Cutler Trail

Old Cutler Trail offers a free paved bike path that lets you see some of the beautiful neighborhoods and trees of Old Cutler Road. You’ll ride under arching Banyan trees that give the path a fantastical sense of coming right from a Tolkien novel. You’ll also be riding through and get to see some of the iconic Coral Gables neighborhood. Beautiful 1920s architectural features stand out among lush green gardens and trees. Mediterranean style homes complete the playful and quirky atmosphere of this area. While you’re on the trail, you can stop for a break at Matheson Hammock Park or the Fairchild Tropical Botanic Garden.

Biscayne Trail

When you finish your ride on the Old Cutler Trail, feel free to hop right onto the Biscayne Trail. A convenient junction between the two links the start of the Biscayne Trail to the end of the Old Cutler. Biscayne is just about three miles long and offers an open-sky experience. You’ll want to pack plenty of sunscreen and stay hydrated on hot, sunny Florida days. You’ll ride through some more neighborhoods as you go southward down the trail. Then, in the end, you will arrive at the Black Point Park & Marina where the bright blue waters of Biscayne Bay will greet you. A large picnic pavilion and beautiful views will cap off a great ride.

Black Creek Trail

If you still haven’t satisfied your riding appetite, you’re in luck. The Black Creek Trail connects to the end of the Biscayne Trail to complete this trifecta. At almost nine miles long, you’ll hopefully be able to finish out that ride and feel the burn. It runs across Fleming Island (a false island created by rivers) and passes by Moccasin Slough Park. The 225-acre wildlife reserve is home to alligators, bald eagles, and plenty of species of birds. Taking a break from your ride to check it out won’t disappoint.

Bill Baggs Cape Florida State Park

Another great place to cycle in the Biscayne area of Miami-Dade is the Bill Baggs Cape Florida State Park. Here you will find roughly 1.5 miles of unpaved service roads which are perfect for easy riding. Since the terrain is completely flat, this is a great place to go for riders of all skill and endurance levels. By changing which of the paths you ride on you can take loops around the park and record a solid ride. While you’re there, check out the oldest structure in Miami: Cape Florida Lighthouse. This historic structure was built in 1825 and reconstructed in 1846. It is a must-see attraction if you decide to go for a bike ride in the park. You’ll also find two restaurants and a place to rent bikes if you prefer not to bring your own.

Virginia Key Mountain Bike Trail

Taking a bit of a turn from the easier, flatter trails we’ve mentioned thus far, Virginia Key offers a challenge to those looking for adventure. A joint venture between volunteers from the Virginia Key Bike Club and the City of Miami, Virginia Key trail was built by hand to offer a great time to riders of all ages. Three trails, beginner, intermediate, and advanced offer riders a great way to bike surrounded by nature. Although in the heart of Miami, you can have the thrill of mountain biking.

Crandon Park

Crandon Park is a beautiful piece of land in Miami, often considered one of the city’s greatest hidden gems. It was originally a donation to the county in 1940 on the one condition that it was made into a public park. Now, you can enjoy miles of flat, cement bike paths along with many other amenities. When you’re ready for a break, check out the nature center, cabana rentals, or kayaking. Since you’re right next to the beautiful beach of Biscayne Bay, you could also choose to chill out by the Atlantic waves. Crandon Park is a great path for taking a casual ride while also enjoying some of the great things about Miami-Dade area.

Rickenbacker Causeway

This bike path runs directly on the Rickenbacker Causeway as a designated “green” bike lane right on the road. The path is a common training place for road racers, mountain bikers, and also casual riders. At nearly 9 miles, it provides a nice long ride and offers beautiful views of Biscayne Bay, its beaches, and palm trees. Oh, and at the end, you’ll be right in Crandon Park to enjoy the many amenities listed above.

Oleta River State Park

For another mountain biking outing, Oleta River State Park offers great trails for both experienced and beginner cyclists. In total, there are 10 miles of mountain bike trails in the park with 4 miles of novice trails, 3 miles of paved trail, along with 2 miles of trail for more experienced riders. Riding through the trees and on the hilly dirt path is sure to make for a wonderful ride. Bring your own bike or feel free to rent one that’s better suited for the terrain at the on-site rental shop. Since most of the trail is shaded by trees, this is a great option to temporarily escape from the heat.

Commodore Trail

If you’re looking for a bike path and want plenty to see and do along the way, then Commodore Trail is perfect for you. The path itself is a 5-mile paved route that takes you along the southern side of Miami. During your ride, you’ll pass the Alice Wainwright Park, Museum of Science/Planetarium, Vizcaya Museum, and many other charming parks. The southern end of the trail is conveniently linked to Old Cutler Trail should you wish to continue your journey. Oh, and at the northern end, you’ll find a connection to the Rickenbacker Trail that takes you to Key Biscayne.

Amelia Earhart Park

We’ve mentioned a few mountain biking trails already, but Amelia Earhart Park offers some of the best. With over 8 miles of unpaved trails, the park is a great place to ride and train. It also features some great jumps for more advanced riders. When you’re done riding, feel free to stay and enjoy the beautiful atmosphere of this park, named after Amelia Earhart, the first female aviator to fly solo over the Atlantic Ocean.

Southern Glades Trail

For a great bike ride with a good chance at spotting some wildlife, the Southern Glades Trail answers the call. Unlike the Shark Valley Trail which is paved, this trail is 13 miles of gravel. This offers a different riding feel and the pleasant crunch of gravel under your tires. Since this trail runs along the eastern border of Everglades National Park, you’ll likely see some of the native wildlife. Alligators, snakes, deer, and many species of birds are just some of the animals you might spot. Note that there are no restrooms along the way, so take a bathroom break before getting on the trail.

Atlantic Greenway (South Beach Trail)

This trail weaves itself right through one of Florida’s most popular destinations: South Beach. Famous in song and screen, South Beach has fun in the sun for everyone. While this is a shorter trail, it offers a chance to ride more casually than for a workout. With popular bars and shops, you’ll want to get off your bike more than you’re on it. Although, the passing views of the blue Atlantic and palm tree-lined path might just convince you to keep riding.

Snake Trail

Last but certainly not least is Snake Trail. This three-mile, paved road trail is free for anyone with a bike. It begins in a shopping area in North Miami Beach. Along with its course, it transitions into a residential area and then ends back in another shopping area in the Miami Gardens. There are plenty of parks to stop at on the way for a breather if you need a break from this enjoyable ride. This trail serves as a popular transportation path as many schools and workplaces are located right next to it.

Legal Ramifications of the Miami Bridge Collapse

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miami-bridge-collapse“It will last a hundred years,” they said. They said the bridge was constructed as an “engineering feat” and a “model for the future with safety at the forefront.” But, five days after it was installed using the innovative methods of construction and installation, the pedestrian bridge over a portion of Southwest Eighth Street in Miami collapsed.

Witnesses reported that the crashing of the bridge at around 1:30 p.m. on Thursday, March 15, 2018, “felt like an earthquake.” At the time, numerous vehicles had been stopped at a red light directly underneath the bridge. There was no time for escape as the victims were crushed in their cars under the weight of the 174-foot, 950-ton bridge. It was not until four days later that the last two human beings could be extracted from their unexpected death chambers. In total, six people were killed and many more were injured.

All across the country, bridge designers and builders, official organizations like the National Transportation Safety Board (NTSB), and average people who walk across or drive under bridges, are asking, what happened. What went wrong? Is there recourse for those who were injured and for the survivors of those who were killed?

Innovative Construction of the Bridge: Doomed to Fail?

The bridge building project was headed by the architecture firm of Munilla Construction Management (MCM) which partnered with FIGG Bridge Engineers. The not-yet-open-to-the-public bridge was designed to provide a safe walkway between the Florida International University campus to the Sweetwater neighborhood where an estimated 4,000 students live.

According to a fact sheet issued by FIU, the bridge was built next to Southwest 8th Street using “Accelerated Bridge Construction methods” which were expected to reduce risk to “workers, commuters and pedestrians and minimize traffic interruptions.”

The ABC construction method involves the separate construction of pieces that are designed to work together when the structure is complete. This bridge was constructed away from the busy traffic area of the street it was designed to span.

After its construction alongside the multilane section of Southwest Eighth, and just after its move to span the road, the installation process was proclaimed to be “an engineering success.” It was the largest bridge ever to be moved into place by Self-Propelled Modular Transportation (SPMT).

SPMT requires the use of a large, flat-bed vehicle. Segments of the pre-constructed bridge are loaded onto the bed of the heavy machinery which then places the prebuilt bridge between the supports, then turns and hydraulically lifts the bridge into place. The movement into place of this bridge was done by Barnhart Crane and Rigging.

Three days after the bridge was put in place, and two days before its collapse, the lead engineer with FIGG left a voicemail for a state transportation official stating that he noticed “some cracking” on the “the pylon end of that span we moved this weekend.” However, the engineer said he did not believe it was a “safety issue.”

Just a few hours before the bridge collapsed, FIGG and MCM met to discuss the cracking. They agreed it needed to be repaired, but also concluded that “the crack did not compromise the structural integrity of the bridge.” Shortly after the meeting adjourned, the bridge fell.

As one designer of ABC projects, who was not involved in this particular bridge construction, commented, “the loss of stability is a sudden thing; it doesn’t give a warning.” That is certainly true of this collapse. The construction workers on the bridge, and the drivers waiting at the red light under the bridge, had no warning.

Potential Civil Liability

Less than 10 days after the bridge collapse, lawsuits had already been filed by the families of some who died, and by some who were injured. More are expected to come. The lawsuits allege negligence on the part of several entities responsible for the design, building and inspection of the bridge.

A person, business, or municipality is liable when its negligence results in the injuries and deaths of others. In this situation, there are a number of entities that, if found to be negligent, may be liable for personal injuries and property damage caused by the bridge collapse. possible defendants are:

  • The state of Florida.
  • The City of Miami.
  • The company that designed the bridge.
  • The lead architect overseeing the bridge building project and the company he worked for.
  • The contractor and subcontractors who worked on the bridge.
  • The company that moved the bridge into place.
  • Any state or city agencies in charge of inspections and maintenance.

The lawsuits claim, among other things, that the Florida Department of Transportation (FDOT) was negligent in failing to close the road once they were aware of the lead engineer’s observation of cracks in the bridge that needed to be repaired. It has also been revealed that, at the very time of the collapse, workers were adjusting the tension on two rods on the north end of the bridge, another reason why FDOT was negligent in failing to close the road.

If you were injured, or someone you love was killed, in this pedestrian bridge collapse, or any other type of accident, contact us at Kaire & Heffernan, LLC for a free consultation. We are available 24 hours a day, seven days a week. We also speak Spanish.