South Florida Injury Lawyer Blog

Lidvian Zelaya, a 35-year-old Miami woman, died on Monday from what appears to be complications from plastic surgery. She was undergoing buttock enhancement and liposuction procedures at Strax Rejuvenation and Aesthetics Institute when she had to be rushed to Florida Medical Center. She died after going into cardiac arrest.

Now, Zelaya’s husband, Osvaldo Vargas, wants to know what happened. The Broward County Medical Examiner’s Office is conducting an autopsy.

Miami Plastic Surgery
In Florida, it is not uncommon for people to undergo plastic surgery to improve or preserve their looks. However, as with other types of surgical and medical procedures, complications and errors can arise during cosmetic surgery. This can result in serious injuries and even death, which may lead to a Miami medical malpractice case against a liable medical professional.

As the Miami Herald recounts, it was just last year that a 37-year-old Miramar mother of three became brain dead after a botched liposuction procedure. Rohie Kah-Orukotan underwent her plastic surgery procedure in Weston. Another woman, 42-year-old Olga Myer, died during a face-lift procedure in Hollywood, Florida in 2002. State regulators say a licensed anesthesiologist was not present during the procedure. The year before, Vera Lawrence died after too much silicone was injected into her buttocks at a Miramar, Florida party.

Other complications and injuries that may occur during plastic surgery:

• Disfigurement
• Allergic reaction
• Medication overdoses
• Anesthesia complications
• Blood clots
• Infection
• Heart attack
• Scarring
• Chemical burns
• Nipple loss
• Over-correction
• Assymmetry
• Breast implant issues
• Nerve damage
• Dry eyes

South Florida woman, 35, dies getting plastic surgery, Sun-Sentinel, December 30, 2010

Husband seeks answers in death of his wife, 35, Miami Herald, December 31, 2010

Related Web Resources:
Living With Plastic Surgery Mistakes, ABC News, July 29, 2009

Plastic Surgery Nightmares, Marie Claire

Strax Rejuvenation and Aesthetics

Continue reading " Miami Woman Dies After Undergoing Lauderhill Plastic Surgery " »

A birthday celebration recently turned deadly when a Hialeah carbon monoxide poisoning incident claimed the lives of five teenagers. The deceased include Miami residents Juchen C. Marctial, 19, Evans Charles, also, 19, Jean Pierre Ferdinand, 16, and Jonas Antenor and Peterson Nazon, both 17.

The teens had reportedly gotten together on Sunday night to for Marctial's birthday. The following afternoon, a maid found their bodies inside a room at the Hotel Presidente. All of them were in their street clothes.

Fire tests show that there was a high concentration of carbon monoxide in the room, which is above a private garage where the victims had left a car running. The door going from the garage to the room was left slightly ajar. According to friends of the teens, the vehicle had a troublesome starter.

Investigators are trying to determine whether the garage or motel room had operating carbon monoxide detectors. Since 2007, Florida has required that motel and hotel boiler rooms have gas detectors and that all apartments and residences constructed after July 1, 2008 that include an attached garage, a fireplace, or a heater have an alarm within 10 feet of bedrooms.

Carbon Monoxide Facts
This deadly gas, called the silent killer, is odorless, colorless, and invisible. Symptoms can include confusion, chest pain, dizziness, headaches, vomiting, weakness, and nausea.

The U.S. Centers for Disease Control and Prevention says that over 400 people die in the US each year from CO poisoning. This type of injury lands over 20,000 people in the ER annually and over 4,000 are hospitalized.

Premise owners and the manufacturers of products that malfunction can be held liable for Miami personal injury or wrongful death if a hazard on the property and/or a product that malfunctions causes CO poisoning.

Carbon monoxide poisoning suspected in 5 teens' deaths, Miami Herald, December 27, 2010

Carbon Monoxide May Be Greater Threat in Winter, US News, December 27, 2010

5 found dead in Florida motel room, CNN, December 28, 2010

Related Web Resources:
Carbon Monoxide Poisoning, Centers for Disease Control and Prevention

Protect Your Family and Yourself from Carbon Monoxide Poisoning, Environmental Protection Agency

Continue reading " Miami-Dade County Carbon Monoxide Poisoning Accident in Hialeah Hotel Room Kills 5 Teenagers " »

7-year-old Francesa Moise is in a coma after being injured in a North Lauderdale car crash on Wednesday evening. Moise and her mother, sister, and brother, were walking along Tam O'Shanter Boulevard when a car drove onto the grass next to the sidewalk and hit the little girl as the family was attempting to cross the street.

Rescuers were able to restore Moise’s heartbeat before she was flown to Broward General Medical Center. The little girl also sustained severe wounds to her face.

The vehicle that struck Moise, which authorities later described as an Acura Integra, fled the North Lauderdale pedestrian accident site and was later found abandoned near a local warehouse. Police are trying to figure out who was driving the car at the time of the Broward County traffic crash.

In other South Florida car accident news, a teenage bicyclist was transported to the hospital after he was injured in a Weston car accident. The boy was riding his bicycle at Bonaventure Boulevard and West Ridge Drive late Wednesday afternoon when the crash happened.

Also yesterday, a Fort Lauderdale bus crash sent three passengers to the hospital with minor injuries after their county transit vehicle was in a collision with a car. It is not known at this time who caused the Broward County motor vehicle crash.

Meantime, 45-year-old Coral Gables model Valentina Hubsch has been charged in the hit-and-run Miami car accident that killed college student Jared Paul last month. The 21-year-old University of Miami student was crossing the street when a 2004 Hyundai struck him on November 13. He died from his injuries 10 days later.

Teen bicyclist injured in crash with car in Weston, Sun-Sentinel, December 22, 2010

Model charged in wreck that killed Miami student, Miami Herald, December 22, 2010

3 injured after car slams into transit bus, WSVN, December 22, 2010

Related Web Resources:
Florida Department of Transportation

Florida Department of Highway Safety and Motor Vehicles

National Highway Traffic Safety Administration

Continue reading " 7-Year-Old Pedestrian Injured in North Lauderdale Car Accident is in a Coma " »

A Broward County truck crash involving a semi-truck rear ending two vehicles on US 27 has claimed the lives of three people while injuring four others. The catastrophic South Florida tractor-trailer accident occurred on US 27 on December 10.

Killed in the Broward County semi-truck collision were 19-year-old Anthony Perez of Miami, and 19-year-old Ileana E. Mira and 15-year-old Dairon Ledesma, who are both from Hialeah. The Florida Highway Patrol has been looking into whether illegal racing was a factor.

According to witnesses, the Honda Civic and Integra that the trucker Placid Ferdinand rear-ended were stopped and occupying two lanes of the road. FHP says that Ferdinand attempted to stop his Freightliner truck but failed.

The driver of the Civic, Miami Springs 18-year-old Angel Lazo says that he was not racing and that he was experiencing car trouble at the time. Lazo, and 18-year-old Virginia Gardens resident Raymond Garcia, who was driving the Integra, were among those who were injured. Other injury victims include Civic passenger and Miami Springs 19-year-old Matthew A. Foreman. Ferdinand’s wife, Sandy Kay Ferdinand, also sustained injuries.

Truck Accident
Our Miami tractor-trailer crash lawyers want to remind you of the importance of exploring your legal options as soon as possible. Going up against a trucking company to recover Broward County personal injury or wrongful death recovery can be a tough endeavor—especially when attempting this alone. Many trucking companies have the resources and manpower to fight liability claims against them. You need someone who can protect your rights and fight for your right to compensation.

There also may be other parties, such as the driver of another truck, the manufacturer of a faulty vehicle part, or the entity responsible for maintaining a road that had defects who should be held liable.

Third teen dies after truck hit two cars on US 27, Sun-Sentinel, December 10, 2010

Third South Fla. teen dies after Broward crash, Miami Herald, December 10, 2010

Related Web Resources:
Federal Motor Carrier Safety Administration

Truck Accidents, Nolo

Fatality Analysis Reporting System

Continue reading " Broward County Tractor-Trailer Accident Injures Four People and Kills Three Teenagers " »

In a unanimous vote, the Consumer Product Safety Commission is banning drop side cribs in the United States. The decision removes all drop-side cribs from the market, which means they can no longer be made, sold, or resold. Crib manufacturers have until June 2011 to make sure that all cribs have fixed sides. Childcare centers, hotels, and other facilities that provide cribs for young children have to replace their drop-side cribs.

Over the years, a number of parents have filed civil complaints after a drop-side caused serious injury to or killed their child. A Miami products liability lawyer can help you determine whether you should file a claim against a crib manufacturer.

The ban comes after the deaths of 32 babies and toddlers (and possibly even 14 others) since 2010. In just the last five years, more than 9 million drop-side cribs have been recalled over concerns that the way they are designed and manufactured make the baby furniture natural candidates for placing a child at risk of entrapment, strangulation, fall accidents and even deaths.

The possibility that the moving parts of the drop side make it easier for a gap to be created between the crib’s side and the mattress, malfunctioning blocking pins and retractable pegs, and broken crib slats are some of the crib defects that have contributed to making drop-sides dangerous for kids. The new crib standard will now also call for more rigorous testing for cribs, including tests that mimic having a child in a crib.

Unfortunately, there continue to be products manufactured and sold—some of them made for infants and kids that have proven dangerous for them to use. A Palm Beach personal injury law firm can help you explore your legal options involving defective child safety seats, toys, clothing, accessories, furniture, and other consumer products.

After dozens of deaths, drop-side cribs banned, Sun-Sentinel, December 15, 2010

CPSC's ban on drop-side cribs takes effect in June, USA Today, December 16, 2010

Related Web Resources:
Consumer Product Safety Commission

What Are The Safety Issues With Drop-Side Cribs?, Baby Products, About.com

A South Florida jury has awarded an $8.4 million Palm Beach County wrongful death verdict to the family of motorcyclist John Potts. The 51-year-old was killed in 2006 when he was involved in a traffic crash with a Hummer.

The Palm Beach motorcycle accident occurred when Potts, who was driving through a flashing yellow light on the Beeline Highway, was hit by driver James Harvey, who first slowed then accelerated through a flashing red light. Harvey was supposed to yield when the red light was flashing. Potts, who was not wearing a helmet, was pronounced dead at the South Florida accident site.

Evidence in the Palm Beach wrongful death case included testimony from two witnesses who say that Harvey’s Hummer "T-boned" Potts’ motorcycle. The South Florida motorcycle accident verdict awards $4 million to Potts’ widow Tracey and $2 million to each of his two daughters. $840,000 in estimated lost income was also awarded.

Palm Beach Motorcycle Accidents
In Florida, motorcyclists age 21 and over and with proof of insurance do not have to wear helmets. However, that doesn’t mean that the other party that caused a catastrophic motorcycle crash cannot be held liable for Florida personal injury or wrongful death.

While there are instances when a motorcyclist was at fault, there are many motorcycle accidents that occur because a party other than the rider was careless or reckless. Common causes of crashes involving a motorcyclist and a potentially liable vehicle driver:

• Failure to obey traffic signs or traffic laws
• Failure to see the motorcyclist when overtaking vehicles or changing lanes
• Driver distraction or inattention
• Drunk driving
• Speeding

Motorcycle accidents have also been known to occur because of defects to a bike or its tires or other parts. A Florida products liability lawsuit can be filed against a negligent motorcycle manufacturer.

Jury awards $8.5 million to family of biker hit by Hummer, Sun-Sentinel, December 9, 2010

Palm Beach Gardens woman, daughters win $8.4 million verdict, The Palm Beach Post, December 10, 2010

Related Web Resources:
Motorcycles, NHTSA

US Motorcycle and Bicycle Helmet Laws, Insurance Institute for Highway Safety

The family of Maciel Videla is suing the Palm Beach County Sheriff’s Office for his Florida wrongful death. The 17-year-old boy was brutally murdered by drug dealers who thought that the teenager had ratted them out to the authorities after he introduced them to an undercover deputy. The authorities had quickly released Videla after arresting him on unrelated burglary charges.

In their Palm beach wrongful death complaint, the family says that the Sheriff’s Office should have protected Videla, who was killed in December 2008. They claim that Joaquin Fonseca, the undercover cop, knew that the drug dealers were planning on dealing with the teen but did not tell his superiors until it was too late. Fonseca has said in a deposition about the murder that he “didn’t have the opportunity” to notify his bosses.

Meantime, the lawyer representing Sheriff Ric Bradshaw in the Palm Beach wrongful death case is saying that the agency was not obligated to protect Videla and that Fonseca had no way of knowing that the drug dealers were planning on slitting the teen’s throat. It wasn’t until last year, several month’s after his murder, that Florida passed Rachel’s Law.

Named after 23-year-old Rachel Hoffman, Rachel’s Law requires that police departments train officers on how to properly recruit confidential informants while apprising the latter of their rights should they accept the position. Hoffman, 23, was fatally shot during a botched drug sting in 2008. Police recruited her to be an informant after she was caught with pills that hadn’t been prescribed to her and marijuana.

A party doesn’t have to have been directly responsible for your loved one’s death in order to be named a defendant of your Palm Beach wrongful death lawsuit. Sometimes, negligence on the part of an entity or another person can contribute to allowing or causing a death to happen. This also can be grounds for seeking damages.

Mother of murdered confidential informant sues Sheriff's Office, Sun-Sentinel, December 8, 2010

Gov. Charlie Crist signs 'Rachel's Law' protecting police informants, Tampa Bay, May 7, 2009

Related Web Resources:
Palm Beach County Sheriff's Office

Wrongful Death Claims, Nolo

US District Judge David A. Katz has been tasked with overseeing all pretrial proceedings in the federal lawsuits against Johnson & Johnson involving DePuy ASR hip replacement systems. DePuy’s ASR XL Acetabular Hip Replacement and ASR Hip Resurfacing Systems were recalled a few months ago over findings that there were patients who were having to undergo a second surgery within five years of the first surgery to implant the DePuy hip device.

Some 93,000 people have been implanted with a DePuy hip replacement device. There are already about 150 federal lawsuits alleging products liability pending. Hundreds of other defective medical device complaints over the DePuy ASR hip replacement products are expected.

Having to undergo hip replacement surgery can be challenging and painful enough—especially for elderly persons—without the need for another surgery because the hip replacement device malfunctioned or should have been better designed. Most surgeries are often accompanied by the risk of health complications and infections. To have to undergo a second surgery because of possible negligence on a product manufacturer’s part is unacceptable and can be grounds for a Florida defective medical device case.

Signs that your ASR hip implant may be causing you problems:

• Physical pain while walking
• Walking difficulties
• Swelling
• Implant dislocation
• Microscopic metal particles hovering around the hip area

Our Miami defective medical device lawyers represent clients with products liability claims against manufacturers. Unfortunately, there are medical devices that can hurt a patient, causing health complications, unnecessary pain and suffering, and the need for additional surgery and other medical procedures.

J&J Hip Replacement Lawsuits Given to One Judge, Bloomberg, December 4, 2010

Depuy Hip Patients Are Urged to Register, WebWire.com, December 4, 2010

Related Web Resources:
ASR Hip Recall Guide, DePuy

National Hip Recall Registry

Continue reading " Defective Medical Device: DePuy ASR Hip Lawsuits To Be Presided Over by One Judge " »

The parents of 13-year-old Joshua Poole have filed a West Palm Beach Florida injuries to a minor lawsuit against the Palm Beach County school district. Poole, a Jeaga Middle School student, says he was beaten during math class last month. A classmate recorded the fight on a cell phone.

In the cell phone footage, Poole’s classmate is shown approaching him at his desk. Thompson then proceeds to punch him for several seconds. The boys fall to the floor. The footage doesn’t show a teacher coming to intervene.

Poole says the attack lasted about 15 minutes and that he was beaten for about 7 minutes. His father, Clarence Poole, says that his son has been the target of bullying for some time now and that they had gone to the school three times to complain.

Meantime, Thompson contends that it was Poole who provoked him into the fight. He claims that the 13-year-old had pushed him, causing injury to his arm, which is in a cast.

Both students parents are in agreement that the teacher failed to do enough to stop the fight. The school, however, claims that proper procedures were followed. According to the school district, the teacher, Donald Charbonneau, activated the call button in the classroom when the fight started. He then went to the hallway to get help.

Violence in schools continue to be a problem at schools throughout the US. There are steps that school officials can take to decrease the chances that a student will be bullied, assaulted, raped, sexually assaulted, molested or murdered. Too many children have already suffered serious and even fatal injuries because of violence in schools.

In addition to providing adequate security and instituting proper procedures and rules to decrease the chances that a student will become the victim of assault or another violent crime, schools and their districts are also supposed to make sure there aren’t hazards on the premise that could result in catastrophic injuries. Schools can be held liable for Palm Beach personal injury to a child if their negligence or carelessness contributed to or allowed the injuries and/or accident to happen.

Classroom Beating: Florida Student Gets Pummeled While Teacher Sits Back, ABC News, December 1, 2010

Attorney shows video proof his client, 13, was bullied at Jeaga Middle; boy afraid to return to school, Palm Beach Post, November 29, 2010

Parents Of Teen Attacked In Class To Sue School District, WBPF, November 29, 2010

Related Web Resources:
Palm Beach County School District

No Bully

School Bullying, Psychology Today