South Florida Injury Lawyer Blog

The family of Annie Lou Jefferson is pursuing Palm Beach County nursing home negligence damages against the Hamlin Place Rehabilitation Center. Jefferson, who died four years ago, developed multiple bedsores while staying at the Boynton Beach assisted living facility.

Her daughter, Maxine Chavis, blames nursing staff for not treating the decubitus ulcers. She is alleging Boynton Beach nursing home neglect.

It wasn’t until Jefferson became unresponsive and was taken to a hospital that a nurse there discovered the bedsores, some of which were open wounds that were as large as grapefruits. Chavis says that her mother also had a huge bedsore on her head.

Jefferson died four years ago. Chavis says her mother didn’t like staying at the South Florida assisted living facility. She believes that Jefferson’s bedsores resulted in health complications that led to her death.

Bedsores
Bedsores can lead to serious health complications. Also known as decubitus ulcers and pressure sores, most bedsores are preventable, as long as proper nursing care is provided. Palm Beach County nursing home neglect can cause bedsores to develop.

Stage 1:
Reddish/purplish/purplish coloring on the skin. The skin is still intact.

Stage 2:
An open wound with some damage to the dermis. A pressure sore at this stage may also look like a blister.

Stage 3:
A deep wound that may appear crater like. Skin loss exposes some fat. There may be dead tissue.

Stage 4:
The wound may deep enough that bone, muscle, and tendons may be visible. There is major damage to the skin.

Pressure sores are often found on the buttocks, tailbone, spine, the backs of the legs, arms, ears, or head, shoulder blades, hips, lower back, ankles, heels, the back of the knees, or other parts of the patient’s body that don't get much circulation or movement.

Nursing home workers know what to do to prevent bedsores from happening. When failure to immediately treat early signs of pressure sores causes the patient’s condition to worsen, the assisted living facility can be held liable for Boynton Beach nursing home neglect.

Family sues Boynton nursing home after finding multiple bed sores on loved one, WPTV, September 13, 2011

Related Web Resources:
Bedsores, MayoClinic

Treating Pressure Sores, NCBI

More Blog Posts:
Miami Nursing Negligence Lawsuit Accuses Home Care Nurse of Sexually Assaulting Paraplegic Patient, South Florida Injury Lawyer Blog, September 22, 2011

Miami Herald Reports: Florida Nursing Home Neglect Taking Place at a Number of Assisted Living Facilities, South Florida Injury Lawyer Blog, May 25, 2011

Bills Seeks to Cap Florida Nursing Home Negligence Damages Over Wrongful Deaths, April 20, 2011

According to the state’s Department of Highway Safety and Motor Vehicles, there has been a 4.6% drop in the number of Florida traffic deaths. Compared to 2009, when there were Florida 2,565 motor vehicle fatalities, there were 2,444 Florida traffic deaths reported in 2010. That’s a nearly 31% drop since 2005. County wise, the number of traffic fatalities also went down in Miami-Dade, Palm Beach, and Broward Counties last year.

2010 figures also show, however, that the number of Florida pedestrian deaths have gone up by 3.5%. There were 482 pedestrian fatalities in 2009 and 499 Florida pedestrian deaths in 2010.

Other 2010 Florida Traffic Facts:
• 195,104 Florida motor vehicle injuries occurred in 124,847 crashes
• Drunk driving was a 794 Florida traffic deaths
• 12,168 alcohol-related injuries
• 957 drug-related injuries
• 7,290 Florida pedestrian injuries
• 76 Florida bicycle deaths
• 4,600 bicycle injuries
• 4,925 bicycle accidents
• 7,484 Florida motorcycle accidents
• 350 motorcycle deaths
• 6,686 Florida motorcyclist injuries
• 725 Florida motorcycle passenger deaths
• 80 Florida teen driver deaths—same amount of teen driver deaths as in 2009
• 64 teen passengers killed
• 26,848 Florida teen motor vehicle accidents

Our Miami-Dade motor vehicle crash lawyers represent clients that have been hurt in all kinds of collisions. It is important that you not speak with the other party’s legal representation or insurer without consulting with an experienced Miami personal injury lawyer first.

Although it might feel reassuring to settle your claim right away, by doing so, you prevent yourself the opportunity to recover more in the event that you discover that your injuries and the damage to your property are much more serious than you thought. Your legal team can also make sure that your rights are protected.

Traffic fatality rate continues to drop in Florida, Marco News, September 28, 2011

Traffic deaths drop in Florida, but pedestrian deaths climb, Sun-Sentinel, September 28, 2011

Related Web Resources:
2010 Traffic Crash Facts, Florida Department of Highway Safety and Motor Vehicles

Florida Highway Safety and Motor Vehicles

National Highway Traffic Safety Administration

More Blog Posts:
Miami Personal Injury Lawsuit Filed Over ATV Accident on Beach Seeks Damages From Police Officer and the Clevelander Hotel, South Florida Injury Lawyer Blog, July 29, 2011

Widow Sues Port St. Lucie Police Sergeant for Palm City Motorcycle Accident Death, South Florida Injury Lawyer Blog, July 22, 2011

Man Files Miami Car Accident Lawsuit Against Ex-NBA Heat Player Alonzo Mourning, South Florida Injury Lawyer Blog, July 22, 2011

A Palm Beach County woman is suing Medtronic Inc. for products liability. English says she developed uncontrolled bone growth in her spine after she received an Infuse Bone Graft implant during spine surgery.

The Infuse Bone Graft, which is bioengineered, is not FDA-approved for posterior-approach lumbar spine surgery. In her Florida defective medical device complaint, English claims that Medtronic misrepresented the risks involved with getting an Infuse implant and improperly marketed the device for uses not approved by the FDA.

English says that the extra bone growth she experienced has caused her to experience nerve compression, which has resulted in ongoing, chronic, and serious pain. Her products liability lawyer says that research had shown that use of Infuse in off-label surgeries can lead to this type of bone growth around and into the spine.

Already, English has had to undergo two surgeries to get rid of the additional bone growth. Daily activities (standing or sitting for a length of time) can lead to leg and back pain.

Infuse Lawsuits
English is not the first person to sue Medtronic over her Infuse implant and more Infuse lawsuits are likely. In June, Spine Journal reported that physicians who had been given millions of dollars by the medical device maker systematically did not reveal the serious complications linked to Infuse. Researchers noted that the rates of complications is 10 to 50 times more than what is actually noted as an estimate in medical literature.

Manufacturers are supposed to make sure patients know of the risks involved in using one of their medical devices. If, in fact, Medtronic took steps to conceal the risks involved and a patient that had Infuse implanted sustained serious complications that he/she was never warned about, that person may have reason for filing a Florida products liability lawsuit. If a doctor purposely neglected to warn the patient of these risks, he/she could be sued for Palm Beach, Florida medical malpractice.

Infuse lawsuits pile up for Medtronic, Mass Device, September 20, 2011

Spine Journal Takes Aim At Infuse Research, MedPageToday, June 28, 2011

Senators Seek Information on Side Effects of Medtronic Bone-Growth Product, NY Times, June 22, 2011

More Blog Posts:
Florida Products Liability Lawsuit Seeks Damages from Manufacturer of ShoulderFlex Deep Kneading Shiatsu Massager For Parkland Woman’s Wrongful Death, South Florida Injury Lawyer Blog, September 6, 2011

Florida Products Liability: Senate Passes Tort Reform Legislation That Could Limit Payouts from Manufacturers of Defective Autos, South Florida Injury Lawyer Blog, March 4, 2011

Defective Medical Device: DePuy ASR Hip Lawsuits To Be Presided Over by One Judge, South Florida Injury Lawyer Blog, December 8, 2010

A Miami-Dade personal injury lawsuit has been filed accusing a male home health care nurse of sodomizing and harassing a paraplegic in his own home. The defendant of the Miami nursing negligence complaint is A.S.A. Home Care, Inc.

Per the complaint, the nurse started taking care of the victim in 2007. Despite the nurse’s obvious sexual interest in the patient, the latter rejected his overtures. Still, the lawsuit contends, the nurse showed the patient porn, brought him a sex toy, and sexually assaulted him when dressing a wound located close to the buttock area. The nurse then allegedly begged the patient not to tell anyone what happened and threatened to otherwise kill himself.

The plaintiff blames ASA for inadequate supervision, failure to provide him with a secure and safe environment, and neglecting to look into complaints that had made about the nurse.

The plaintiff is seeking more than $5 million in Miami personal injury damages for serious emotional, psychological, and physical injuries, in addition to his humiliation and shame over what happened.

Sexual assault is traumatic, painful, and damaging to the victim. Unfortunately, patients that require nursing care—whether at a Miami nursing home or at home—can fall victim to sexual predators—especially if the patient is extremely, frail, physically incapacitated, mentally ill, and/or unable to fight back/report what happened.

Assisted living facilities and nursing companies can be held liable for Miami nursing abuse if one of their workers abuses or neglects a patient. It can be devastating for your loved one to be hurt or ignored by the person hired to care for him/her.

**Reporting on this case is also important because it serves as a reminder that Florida nursing negligence and abuse doesn't just happen at assisted living facilities. Unfortunately, there are professional nurses and caregivers invited into a patient's home that have been known to cause serious into people they've been hired to provide with professional nursing care.

Lawsuit Claims Nurse Assaulted Paraplegic Man, NBC Miami

ASA Homecare

More Blog Posts:
Miami Herald Reports: Florida Nursing Home Neglect Taking Place at a Number of Assisted Living Facilities, South Florida Injury Lawyer Blog, May 25, 2011

Bills Seeks to Cap Florida Nursing Home Negligence Damages Over Wrongful Deaths, South Florida Injury Lawyer Blog, April 20, 2011

Florida Nursing Home Neglect?: Maggots Found in 76-Year-Old Patient at Assisted Living Facility with Palm Beach County Ties, South Florida Injury Lawyer Blog, September 14, 2010

A woman who says she was injured in a Hollywood, Florida slip and fall accident at a local gas station is suing RaceTrac for Broward County personal injury. Isaura Velez is seeking damages for injuries she sustained last year. Velez says she was entering the RaceTrac store at S. Pine Island Road when she slipped and fell because no one told her that the floor was wet.

RaceTrac is a petroleum conglomerate. This is at least the second South Florida injury lawsuit filed against RaceTrac in the last few months.

Susan and Richard Gold filed their Pompano Beach slip and fall lawsuit over his injuries that they contend he sustained when he slipped on gas that overflowed from their motor vehicle’s gas tank. The Golds believe that the pump was defective, which is why it kept pouring gas even though the tank was already full.

During the South Florida slip and accident, Richard says that he hurt his head, arms, neck, back, and legs. He believes that if the gas pump hadn’t been faulty, his Broward County premises liability accident wouldn’t have happened. Susan says she is owed personal injury damages because she experienced the loss of her husband’s services and consortium because of his injuries.

It is important that you work with a Hollywood, Florida slip and fall accident lawyer that has the experience to obtain compensation from the liable party. Other common types of fall accident include step and fall accidents, stump and fall accidents, and trip and fall accidents.

Property owners are supposed to eliminate hazards that can cause South Florida slip and fall accidents. This may include cleaning up wet surfaces, clearing off debris or other objects on the ground that could cause someone to fall, repairing uneven sidewalks or unbalanced flooring, or posting up warning signs when the floor is wet.

RaceTrac Hit With Another Personal Injury Suit, Broward Palm Beach, September 16, 2011

More Blog Posts:
Pompano Beach, Florida Slip and Fall Accident Lawsuit Seeks Damages from Gas Station with Allegedly Faulty Gas Pump, South Florida Injury Lawyer Blog, August 8, 2011

$500K West Palm Beach Slip and Fall Verdict Awarded in Lawsuit Against Lake Worth Lawsuit Against CVS, South Florida Injury Lawyer Blog, January 24, 2011

West Palm Beach Wrongful Death Lawsuit Filed in Fatal Roof Fall from Pub Deck, South Florida Injury Lawyer Blog, May 30, 2011

A 2009 Thanksgiving celebration turned deadly has resulted in a Palm Beach County wrongful death lawsuit against the parents of the alleged shooter. The plaintiffs, Jim and Muriel Sitton and Antoine Joseph, are related to the Carole and Michael Merhige, who are the parents of Paul Merhige. The Sittons’ 6-year-old daughter Makayla Joy and Antoine’s wife Raymonde are among those that were fatally shot. Paul’s twin sisters, one of whom was pregnant at the time, were also shot dead.

The plaintiffs contend that the shootings could have been avoided. According to their Jupiter, Florida wrongful death lawsuit, Paul was invited by his parents to Thanksgiving dinner at the Sittons even though they knew that their son, who owned a gun, wasn't taking his medication. The couple even slept at night with their door locked because Merhige lived with them and they were afraid of him.

The Sittons and Joseph claim that the Merhiges invited Paul to Thanksgiving even though they were afraid of what he might do. Their alleged fears were to the degree that Muriel Sitton may have even told one of her daughters that she hoped Paul wouldn’t “kill us all.”

The plaintiffs are accusing Paul’s dad Michael, who is an ex-CIA agent, of not even trying to stop his son and failing to call police even though he had a cell phone with him. Paul, who is in his mid-30’s, is awaiting his murder trial. He has pleaded not guilty to the killings.

Unfortunately, violent crimes happen every day. If you or someone you love was hurt in a shooting or because of another criminal act and this incident could have been prevented, those that could have stopped the crime but didn’t could be held liable for Palm Beach personal injury or wrongful death. Obviously, the specifics of what happened and what evidence exists can determine whether you have grounds for a civil case. For example, if a murder occurred on someone's property and killing could have been prevented if only the premise owner had provided adequate security, then the victim's loved ones may have a claim against the property owner, as well as the killer.

Suit filed in fatal Fla Thanksgiving rampage, AP, September 15, 2011

Lawsuit: Merhige's parents did nothing to stop Thanksgiving slayings, Palm Beach Post, September 15, 2011

Thanksgiving Killings Suspect Nabbed at Fla. Hotel, ABC World News, January 3, 2010

More Blog Posts:
$525,000 Ft. Lauderdale Wrongful Death Settlement Reached Between Broward County School Board and Family of Teen Fatally Shot in 2008 by Fellow Student, South Florida Injury Lawyer Blog, September 9, 2011

Julie Schenecker’s Husband Sues Her For Their Children’s Florida Wrongful Deaths, South Florida Injury Lawyer Blog, May 13, 2011

Florida Wrongful Death Lawsuit Filed in Dad’s Fatal Shooting on Basketball Court, South Florida Injury Lawyer Blog, April 9, 2011

A jury has decided to award the parents of 2-year-old Bryan Santana $4.5 million in Palm Beach medical malpractice damages in their civil case against Perinatal Specialists of the Palm Beaches, OB/GYN Specialists of the Palm Beaches, and Dr. Marie Morel. Santana, now 2, has one leg and no arms. He was born in October 2008.

Ana Mejia and Rodolfo Santana sued the defendants for Palm Beach birthing malpractice claiming that Mejia would have never carried the pregnancy to term if they were aware of their son's severe birth defects. Yet even though Mejia underwent more than one ultrasound, her OB/GYN and technicians at both centers failed to notice that their son was missing three limbs. The two of them said they didn't know until after they saw their son that he would be so severely impaired. The defendants’ attorneys, meantime, countered that Bryan’s parents should have agreed to an amniocentesis, which might have detected their son’s abnormalities. The couple, however, said they decided not to have that procedure because they feared that doing so might cause Mejia to miscarry.

Mejia and Santana had originally sought $9 million. They made it clear, however, that the compensation they were seeking isn't for their own mental trauma and emotional anguish but for their son's wheelchairs, surgeries, attendants, prosthesis, and other needs he will require for the rest of his life. The jury awarded them half that amount when they decided that the ultrasound technician was 15% liable, while 85% of the liability was assigned to Dr. Morel, for errors made that resulted in the incorrect reading of the ultrasound results. The defendants plan to appeal the verdict.

There are medical procedures and tests available that a mother can undergo during pregnancy to make sure that the fetus is a viable and healthy one. These tests are also important for determining whether there are any birth defects that might so serious that terminating the pregnancy is best option.

Jury awards West Palm Beach parents of child born with no arms, one leg $4.5 million, Palm Beach Post, September 10, 2011

Couple sues doctor for baby's disabilities, UPI, September 8, 2011

Related Web Resources:
Birth Defects, MedLinePlus

Birth Defects, American Pregnancy Association

More Blog Posts:
Florida Medical Malpractice Cap Upheld by US Appeals Court, South Florida Injury Lawyer Blog, May 29, 2011
Palm Beach County Doctors Cite Fear of Medical Malpractice as a Reason for the Increase in C-Section Deliveries, South Florida Injury Lawyer Blog, September 15, 2008

Report Links Topamax to Birth Defects, South Florida Injury Lawyer Blog, July 22, 2008

Continue reading " $4.5M Palm Beach Birthing Malpractice Case Awarded to Family of Bryan Santana " »

The parents of Amanda Collette have settled their Fort Lauderdale wrongful death case with the Broward County School Board for $525,000. Collette, 15, died in November 2008 after she was fatally shot by fellow Dillard High School student Teah Wimberly.

In their Broward County wrongful death complaint, Thomas Crowther and Joyce Collette contented that their daughter’s death could have been prevented if only a teacher who knew that Wimberly had threatened to use a gun had reported the information and the school had used their metal detector wands. The teacher in question has sworn that he never knew that Wimberly had a gun.

WImberly, 17, has been convicted of second-degree murder in Collette’s shooting. She is serving a 25-year-sentence. Wimberly is said to have had a crush on Collette and the shooting was retaliation because her feelings were unrequited. By agreeing to settle, the school board is not admitting to or denying wrongdoing in Collette’s shooting.

Unfortunately, in this day and age, violent crimes are known to occur on school campuses. Preteens, teens, and young adults have been known to bring knives, guns, and other weapons to school. Over the years, sexual assault, physical assault, and shootings have caused serious injuries, emotional trauma, and death.

Schools are aware that these incidents can happen and it is their responsibility to adequately supervise the grounds and students so that no one gets hurt. Failure to provide adequate supervision and security can be grounds for a Ft. Lauderdale personal injury case.

Broward School District to pay $525,000 to family of girl killed at Dillard High, Sun-Sentinel, September 8, 2011

Family Of Slain Dillard High Student Settles With Broward School Bd., CBS Miami, September 9, 2011

Broward County School Board

More Blog Posts:
Mother Files Broward County Wrongful Death Lawsuit Over 2009 Coral Springs Car Crash that Killed Her Teenage Son, South Florida Injury Lawyer Blog, August 5, 2011

$10M Florida Wrongful Death Verdict Awarded to Parents of Ereck Plancher Against UCF, South Florida Injury Lawyer Blog, July 12, 2011

Palm Beach Wrongful Death Lawsuit Seeks Damages from Yamaha Over Fatal WaveRunner Accident That Killed One Teen, Leaving Another With Brain Damage and Physical Injuries, South Florida Injury Lawyer Blog, May 20, 2011

Dr. Kenneth Gegerson is suing several companies for Florida products liability and wrongful death. Gegerson’s wife, Dr. Michelle Ferrari-Gegerson, died in a choking accident after the leather necklace she was wearing got caught in a ShoulderFlex Deep Kneading Shiatsu neck massager. The jewelry became entangled in the device’s rotating piece.

In his Miami-Dade, Florida wrongful death complaint, Gegerson blames the providers of the device for failing to put in a mechanism that would have made the ShoulderFlex Deep Kneading Shiatsu stop immediately when the rotating knobs experienced resistance. He also claims that the “defective” product lacked the “obvious and adequate” labeling needed to warn that items could get caught in the massager.

Defendants of the South Florida products liability lawsuit are distributor King International, King Yiu Chan and Si Ming Dui (the creators and patent holders), franchise Relax the Back Corp., and ABP Aventura Inc, which ran the Relax the Back store in Aventura.

Now, several months after Ferrari-Gegerson’s death, the US Food and Drug Administration has put out an alert warning consumers to throw the massager away. The FDA says that another consumer was almost strangled and there have also been at least two reports of hair and clothing getting caught in the product. King International, which has distributed about 12,000 ShoulderFlex Deep Kneading Shiatsu massagers, says it is now recalling the devices.

Unfortunately, there are products that pose a choking and suffocation hazard to consumers. It is the job of manufacturers, distributors, and sellers to make sure that such hazards are remedied and any remaining risks are cautioned of in a warning. Products should also come with proper operating instructions.

FDA urges consumers to stop using massager, WSVN, August 31, 2011

King International's Shoulderflex Massager Recalled by FDA, Consumer Justice Foundation

Related Web Resource:
FDA

Husband of Parkland woman killed by neck massager sues, Sun-Sentinel, September 2, 2011

Related Web Resources:
Florida Products Liability: Palm Beach County Burn Injury Lawsuit Seeks Damages From Napa Home and Garden Over Dangerous Gel Fuel, South Florida Injury Lawyer Blog, August 16, 2011

Baby Deaths and Injuries Prompt Recalls of 1.7 Million Summer Infant Video Baby Monitors and 500,000 Bassinets by Burlington Basket Company, February 16, 2011

19 Products Liability Lawsuits Filed in Palm Beach County Against ConAgra Foods After Plaintiffs Over Salmonella Outbreak From Tainted Peanut Butter, South Florida Injury Lawyer Blog, July 7, 2008