South Florida Injury Lawyer Blog

The parents of Paul Merhige have filed a countersuit blaming the people that are suing them for Jupiter, Florida wrongful death damages. Merhige is the man who fatally shot family members at a gathering on Thanksgiving Day 2009.

While the hosts of the event, Muriel and Jim Sitton and Antoine Joseph, believe Carole and Michael Merhige should be held accountable for allowing Paul, who they knew was troubled, owned a gun, and wasn’t taking his medications, to attend the festivities, the Merhiges are blaming the Sittons and Muriel’s dad Dr. Antoine Joseph for letting Paul into the house.

Killed in the deadly rampage were the Sittons’ daughter Makayla, 6, Joseph’s wife and Muriel’s mom Raymonde, 76, and the Merhige’s twin daughters and Paul’s sisters, 33. Also suing the Merhiges for Palm Beach County wrongful death is Patrick Night, who was married to Lisa, one of Paul’s sisters that died. She happened to be pregnant at the time. Night was also seriously injured in the shooting.

The Sittons and Joseph contend that Michael Merhige, who used to be a CIA agent, could have done more to stop Paul during the actual rampage. Meantime, Paul Merhige has pleaded guilty to murder and attempted murder charges. By accepting the plea agreement, he won’t get the death penalty. He will, however, spend the remainder of his life behind bars.

Florida Wrongful Death
Losing someone you love under any circumstances is tough. It can be even more traumatic when that death is a result of someone else’s negligence. You want to speak with a Palm Beach wrongful death law firm that can help you determine whether you have grounds for pursuing a claim against a negligent party.

Parents of Thanksgiving Day murderer fires back at their accusers with own lawsuit, Sun-Sentinel, November 30, 2011

Report: Paul Merhige Will Accept Plea Deal, CBS Local, October 26, 2011

Suit to be filed in fatal Fla Thanksgiving rampage, WSVN, January 15, 2011

More Blog Posts:
$1.8M Miami-Dade Wrongful Death Settlement Reached in Coral Gables High School Student’s Fatal Stabbing, South Florida Injury Lawyer Blog, November 18, 2011

Lantana Woman Settles $50M Wrongful Death Lawsuit Over Anthrax Letter Bomb that Killed Her Husband, South Florida Injury Lawyer Blog, October 31, 2011

Broward County Plastic Surgery Malpractice Lawsuit Filed in Liposuction Patient’s Alleged Florida Wrongful Death from Anesthesia Complications, South Florida Injury Lawyer Blog, October 21, 2011

The family of Robert Champion is getting ready to file a Florida wrongful death lawsuit against Florida A & M University. The 26-year-old student and marching band member died earlier this month from what is believed to be a hazing incident.

Following Champion’s death, the marching band director, Julian White, was fired. No arrests have been made over the incident so far—hazing is a third-degree felony in Florida—but four students have since been expelled.

Champion was unresponsive when he was found on a bus that was parked outside a hotel. Someone called 911 to report that Champion had finished throwing up and was not breathing.

The Florida wrongful death claim would likely blame the University and perhaps even the marching band of negligence. Those that initiated the hazing could also end up named as defendants.

This week, another women stepped forward claiming that she too was hazed at Florida A&M University by the marching band. Bria Hunter spoke to WFTV. Her initiation phase began in September and finally ended when she was rushed to the emergency room 11 days before Champion died. Hunter says that she was beaten on a few occasions and that other band members also were hazed.

Apparently other claims have been filed over alleged hazing incidents at FAMU. In the last dozen years, two lawsuits involving FAMU band members have been settled. Earlier this semester, at least 20 band members were suspended over incidents involving hazing.

Hazing can cause serious Miami personal injuries and even wrongful death. Hazing typically takes place when initiating members of certain groups——hazing can consist of harmless pranks or more dangerous activities that can place those being targeted at risk. Alcohol poisoning, sexual assault, and physical assault are among the more serious consequences. Many of those that are hazed are forced to participate in order to join or stay part of the group.

Family of FAMU drum major calls for culture change after son's death, Atlanta Journal-Constitution, November 28, 2011

FAMU student talks to WFTV about hazing, WFTV, November 29, 2011

More Blog Posts:
$1.8M Miami-Dade Wrongful Death Settlement Reached in Coral Gables High School Student’s Fatal Stabbing, South Florida Injury Lawyer Blog, November 18, 2011

$10.3M Palm Beach Medical Malpractice Award Will Stand, Says the Florida Supreme Court, South Florida Injury Lawyer Blog, November 11, 2011

Miami-Dade Car Accident Lawsuit Filed in Florida Wrongful Death Case Against Coral Gables Teenager, South Florida Injury Lawyer Blog, October 7, 2011

The family of Othon Cortes has filed a Miami wrongful death lawsuit against American Airlines. They believe that the 73-year-old died last May because he ate contaminated chicken while on a flight going from Barcelona, Spain to New York.

Cortes’ daughter Sandra and widow Rachel say that the food contained Clostridium perfingens, which is a deadly bacteria. After they arrived in the US, Cortes reportedly began exhibiting signs of serious illness, including severe thirst and stomach cramps. His symptoms reportedly grew worse after they boarded their next flight to Miami. While the plane was in the air Cortes reportedly had a “cardiac event.” The plane made an emergency landing and he was then pronounced dead.

Also named as a defendant is Sky Chefs. However, the catering company said it played no part in preparing the meals on this particular flight. It is trying to get the case against it dismissed.

The family’s Miami wrongful death complaint blames the two defendants for failing to properly prepare and maintain Cortes’ food. They also claim that American Airlines should have let him get on the flight to Miami without making sure that he was given medical attention.

The plaintiffs are seeking over $1 million.

Food Injuries
Unfortunately, contaminated food can cause serious injuries including death. This is why it is so important that restaurants and other services that prepare and/or serve food make sure that all items are properly stored, cleaned, and cooked/prepared. Food injuries may include food poisoning, nausea, vomiting, choking injuries, chipped teeth, severe allergic reactions, and even death.

You may be able to pursue Miami personal injury damages against the parties responsible for serving you or your loved one the contaminated food.

Clostridium perfingens
Commonly found on poultry and raw meat, this spore-forming gram-positive bacterium is one of the most common foodborne illnesses. Elderly persons and young people are most at risk of developing this infection. If food contaminated with Clostridium perfingens is served and it hasn’t been reheated, this can cause the person eating to ingest the live bacteria.

American Airlines Sued After Man Dies Following In-Flight Meal, ABC News, November 30, 2011

Lawsuit: In-flight meal led to AA flier's death, USA Today, November 30, 2011

Clostridium perfringens, Centers for Disease Control and Prevention

Keith Gorski, a West Palm Beach police officer, is expected to survive the serious injuries he sustained in a Palm Beach County motorcycle crash on Wednesday. Gorski suffered multiple injuries, including several broken bones, when a car struck his bike.

According to police, Gorski was trying to stop a speeding car when he was hit by another vehicle. Rescuers had to perform CPR d on him before he was rushed to St. Mary's Medical Center.

If you were injured in a West Palm Beach motor vehicle crash while doing your job, you likely cannot obtain Palm Beach County personal injury damages from your employer. However, if there were other parties or persons whose negligence caused your South Florida traffic crash, you may be entitled to damages from them.

Motorcycles tend to place riders at greater risk of injuries than the occupants of other motor vehicles. Riders and passengers only have their helmet and clothing to protect them from the impact of a crash. Often, a motorcyclist ends up thrown off the bike and onto the road, other vehicles, and/or in the center of oncoming traffic. If the rider is lucky enough to survive, he/she could end up with permanent traumatic brain injuries, spinal cord injuries, nerve damage, and other serious, life-altering injuries.

Motorcyclists have as much right to be on the road as any other vehicle occupants. They also are entitled to legal protections and possible financial recovery in the event of a Palm Beach traffic accident.

While many people like to pin the cause of motorcycle crashes on riders, our Palm Beach injury law firm knows better. We are here to help our clients recover damages from all liable parties.

West Palm Beach motorcycle police officer hurt in crash, Sun-Sentinel, November 23, 2011

Related Web Resources:
Motorcycle crashes, Insurance Information Institute

Florida Motorcycle Laws, DMV Florida

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

$2.8M Florida Motorcycle Accident Verdict Awarded In Rider’s Daytona Beach Wrongful Death, South Florida Injury Lawyer Blog, April 27, 2011

$5.3M Naples Wrongful Death Verdict Awarded to Family of Motorcyclist, South Florida Injury Lawyer Blog, January 21, 2011

The mother of a 12-year-old girl who was allegedly bullied by other students at Ramblewood Middle School has filed a Coral Springs personal injury lawsuit on her daughter’s behalf against the Broward County School District. Randi Vanderheyden claims that school officials not only failed to give the adolescent a safe school environment but also, faculty did not take action to stop young Breann from being bullied.

Breann contends that she was verbally abused, targeted with racial slurs, and physically assaulted for months. Her mom complained to the Broward County school superintended but, rather than help the girl, Vanderheyden says the principal blamed her daughter. Breann says that she attempted to kill herself because she couldn’t stand being bullied. Her mother found her in time and took her to a hospital.

The Broward County personal injury complaint claims that Breann suffered as a result of the hate crimes, discrimination, harassment, and bullying. She is now in therapy and continuing her studies through the Internet.

Breann’s family is seeking unspecified damages for psychological injuries, emotional injuries, and ongoing medical bills.

Bullying
Unfortunately, bullying is a problem that continues to plague many students in the US. School officials and teachers know this and it is their responsibility to provide a safe environment and address any allegations of bullying, which can cause severe distress and emotional and psychological injuries to those that are targeted. Florida even has the “Jeffrey Johnston Stand Up for All Students Act,” which mandates that all schools implement an anti-bullying policy. The law is named after a teenager who killed himself because he was constantly bullied and school officials did nothing to stop the incidents from continuing.

MOM SUES OVER SCHOOL BULLYING, South Florida Times, November 16, 2011

Alleged bullying victim files suit against school district, WSVN.com, November 22, 2011

Jeffrey Johnston Stand Up for All Students Act

More Blog Posts:
$1.8M Miami-Dade Wrongful Death Settlement Reached in Coral Gables High School Student’s Fatal Stabbing, South Florida Injury Lawyer Blog, November 18, 2011

Child Sex Abuse Scandal Rocks Penn State and Leads to Ousting of Legendary State football coach Joe Paterno, South Florida Injury Lawyer Blog, November 9, 2011

St. Lucie County Personal Injury Lawsuit: Teacher Accused of Florida Sex Abuse, South Florida Injury Lawyer Blog, October 4, 2011

A Miami Garden’s woman almost died after someone claiming to be a doctor injected her buttock with a mixture of mineral oil, cement, and Super Glue last year. The concoction was supposed to give the patient a butt lift but instead almost killed her.

The victim went to three hospitals before doctors finally diagnosed the problem. She continues to suffer from health issues and she is receiving home health treatments.

The woman, whose name is being kept confidential due to medical privacy laws, paid someone to do the procedure. She says that she was screaming in pain the whole time and not all of the injections could be administered because of this. Her “doctor,” a person named Oneal Ron Morris, then allegedly closed up her wounds with Super Glue before sending her home.

A day later, the woman was still in pain and feeling sick and she sought medical help. It took visits to three hospitals before a doctor was able to diagnose and treat her condition. Because she was afraid of being charged over the incident, she left the third hospital after staying there for several days. It took a health investigator until March 2011 to find her.

Meantime, Morris proved elusive until yesterday when she was arrested and charged with causing bodily harm and practicing medicine without a license. Investigators believe she is part of a group of scammers in South Florida that offer home buttocks augmentations and “pumping parties.”

Miami-Dade Personal Injury
If you believe that someone’s reckless or negligent acts caused you to get sick or hurt, you may have grounds for a Miami Gardens personal injury case. Medical negligence is also reason for a Miami-Dade medical malpractice complaint.

Unfortunately, Miami plastic surgery malpractice can happen—especially in Florida, where cosmetic procedures are extremely popular. You should be compensated for the harm that you suffered.

'Doctor' accused of injecting cement into woman's buttocks, Palm Beach Post, November 18, 2011

Police say fake doctor injected Fix-A-Flat, OC Register, November 21, 2011

More Blog Posts:
$10.3M Palm Beach Medical Malpractice Award Will Stand, Says the Florida Supreme Court, South Florida Injury Lawyer Blog, November 11, 2011

Broward County Plastic Surgery Malpractice Lawsuit Filed in Liposuction Patient’s Alleged Florida Wrongful Death from Anesthesia Complications, South Florida Injury Lawyer Blog, October 21, 2011

Man to File Lauderhill Medical Malpractice Lawsuit in Wife’s Broward County Wrongful Death Following Butt Enhancement Surgery, South Florida Injury Lawyer Blog, April 29, 2011

Miami Woman Dies After Undergoing Lauderhill Plastic Surgery, South Florida Injury Lawyer Blog, December 31, 2010

The family of Juan Carlos Rivera has settled their Coral Gables wrongful death lawsuit with the Miami-Dade School Board. A fellow student fatally stabbed Rivera in 2009.

Rivera and another student, Andy Rodriguez, reportedly bumped elbows and that was when the two Coral Gables Senior High students got into a fistfight. Rodriguez then stabbed Rivera numerous times, including one jab to the heart. According to prosecutors, the brawl was over a girl.

Rivera’s family had accused the high school of negligence, including poor supervision, inadequate security, and failing to properly determine which students were troubled. Meantime, Rodriguez has been found guilty of second-degree murder with a weapon. He will be sentenced later this month.

Already, the school board has paid $200,000 of the Miami-Dade wrongful death settlement. Its insurer has paid $500,000. The remaining balance will come after Rivera’s family files a claims bill with the Florida Legislature. As part of the settlement, the school board has agreed not to fight the bill.

Unfortunately, many schools have become dangerous places for students. School boards know this and it is their job to provide adequate security and supervision to minimize the chance of violent crimes, including physical assault, sexual assault, murder, and massacres, from happening. When failure to fulfill these duties results in Miami personal injury or death, the victim and his/her family may have grounds for a lawsuit. If the person that got injured is a minor, a parent or guardian can file the Miami-Dade personal injury lawsuit on his/her behalf.

Family of teen killed in Gables High stabbing settles suit for $1.8 million, Miami Herald, November 18, 2011

Miami-Dade Schools To Pay $1.875 Million In Gables High Stabbing, CBS Local, November 18, 2011

Miami-Dade School Board

More Blog Posts:
Miami-Dade Car Accident Lawsuit Filed in Florida Wrongful Death Case Against Coral Gables Teenager, South Florida Injury Lawyer Blog, October 7, 2011

Palm Beach Wrongful Death Lawsuit Filed in 2009 Jupiter, Florida Thanksgiving Shooting, South Florida Injury Lawyer Blog, September 16, 2011

$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

Even though state law puts a medical malpractice non-economic damages, the Florida Supreme Court has determined that the $10.3M Palm Beach medical malpractice verdict in Harvey Raphael’s Florida wrongful death case can stand. However, the court didn’t rule directly on the Raphael verdict. Instead, it referred to a decision it made earlier this year striking down a decision by the state’s legislature to make the medical malpractice caps law retroactive.

Raphael sustained irrevocable hurt damage in 2003 when ER Dr. James Schecter at Palms West Hospital failed to give him Retavase, which was the anti-clotting drug that he needed. This occurred three months before Florida’s medical malpractice caps went into effect.

While attorneys for the Schecter claimed that the Palm Beach County medical malpractice lawsuit was filed two years after the caps became official, the Raphael family’s Florida wrongful death lawyer contended that what mattered wasn’t the date of when complaint was filed but when Raphael actually got hurt, which was before the caps went into effect. The Fourth District Court of Appeal upheld the verdict in 2009. However, because Schecter’s insurance policy limit is $1 million, the plaintiffs’ Palm Beach medical malpractice attorney will have to pursue a bad faith claim against the doctor’s insurance company to push for the full verdict amount.

Under Florida law, the caps for non-economic damages involving medical negligence is $500,000 per claimant in civil suits against health care practitioners, such as a surgeon or a doctor. When the defendant is a non-practitioner, such as a hospital, then the cap is $750,000. If death or a permanent vegetative state was the outcome as a result of medical negligence, then the non-economic damages are $1M and $1.5M respectively. For injuries from emergency care involving a practitioner defendant, there is a $100,000 non-economic damages cap for all claimants that cannot go above $300,000. With nonpractitioner defendants, it is a $750,000 cap per claimant that cannot exceed $ 1.5 million.

Supreme Court lets stand $10.3 million award in Palm Beach County medical malpractice case, Palm Beach Post, November 9, 2011

More Blog Posts:
Broward County Plastic Surgery Malpractice Lawsuit Filed in Liposuction Patient’s Alleged Florida Wrongful Death from Anesthesia Complications, South Florida Injury Lawyer Blog, October 21, 2011

$4.5M Palm Beach Birthing Malpractice Case Awarded to Family of Bryan Santana, South Florida Injury Lawyer Blog, September 13, 2011

Depositions in Boynton Beach Wrongful Death Lawsuit Involving 81-Year-Old Woman Who Bled Out After Botched 911 Calls Are Underway, South Florida Injury Lawyer Blog, August 19, 2011

Our Miami personal injury lawyers represent children and adults in South Florida seeking to recover damages for injuries they sustained as a result of sexual abuse. We know how devastating injuries from sexual assault and molestation can be for the victims, and we are sensitive to our clients’ situations while doing our best to obtain financial recovery.

Occasionally, on our South Florida Injury Lawyer Blog site, we report on related stories occurring outside the state. One headline that has been making national papers is the allegations against ex-Penn State football defensive coordinator Jerry Sandusky. The 67-year-old has been indicted on 40 criminal counts for allegedly sexually abusing a number of boys over a 15-year period.

After retiring from the college in 2009, Sandusky continued to use the school’s facilities to work with at-risk kids, some of whom he allegedly molested and sexually assaulted. The child sex abuse incidents occurred over a 15-year-period.

Famous Penn State football coach Joe Paterno has been fired because he didn’t do more to stop the abuses from happening. Meantime, Tim Curley, who is Penn State’s athletic director, and Gary Schultz, who is business vice president, have been charged with perjury for not reporting the sexual abuse allegations.

Our Palm Beach sex abuse lawyers wouldn’t be surprised if the victims, a number of them are now adults, and their families decide to pursue sexual abuse damages not just from Sandusky, but also from Penn State and those that should have known about the abuse or if they did, they then covered up the incidents.

Penn State Scandal Timeline: Key Dates In The Jerry Sandusky Sex Abuse Case, Huffington Post, November 9, 2011

Penn State sex scandal: Jerry Sandusky ran boys camps for years, Los Angeles Times, November 8, 2011

More Blog Posts:
Miami Injury Lawsuit Sues Social Networking Site Over Porn Film Rape, South Florida Injury Lawyer Blog, October 28, 2011

$550,000 Miami Injury Settlement Approved for Woman Who Was Kidnapped and Raped by Cop, South Florida Injury Lawyer Blog, October 14, 2011

St. Lucie County Personal Injury Lawsuit: Teacher Accused of Florida Sex Abuse, South Florida Injury Lawyer Blog, October 4, 2011