South Florida Injury Lawyer Blog

A federal judge has ordered the US government to pay the family of Michael Zinn $4.4M for his Port St. Lucie wrongful death from a Florida aviation accident that was partially caused by air traffic controller negligence. ZInn, 52, was from Boca Raton. He died in 2005 when he crashed his private plane into a house in Port St. Lucie.

In 2007, the National Transportation Safety Board determined that Zinn lost control of his Cessna P337H when he flew through, instead of around, stormy weather. The NTSB also found that the controller did not help Zinn with navigating the plane and failed to tell him about the weather conditions.

Although Miami U.S. Magistrate Judge Edwin G. Torres found Zinn to be 60% liable for the Florida plane crash death, he also said that Miami's Air Route Traffic Control Center committed failures that played a key role n the tragic accident. He said that the controller breached his duty of care to Zinn and should have given him the information he needed to “make informed decisions.”

If someone you love was injured in a Florida plane crash, there may be parties that should be held liable. You want to work with a Port St. Lucie personal injury law firm that is familiar with aviation accidents and the laws that apply.

Common causes of aviation accidents:
• Pilot error
• Plane malfunction
• Poor weather
• Air traffic controller errors
• Inadequate maintenance
• Mechanical failure
• Engine failure
• Defective plane parts
• Mid-air accidents
• Structural flaws

U.S. ordered to pay $4.4 million for Weston air traffic controller's negligence in fatal crash, Sun-Sentinel, December 13, 2011

Teen Escapes As Plane Crashes Into Home, WPFB, October 20, 2005

More Blog Posts:
Florida to Fire Six West Palm Beach Employees At Facility Where Detained Teen Died, South Florida Injury Lawyer Blog, December 29, 2011

Mother Files Coral Springs Injuries to Minor Lawsuit Against Broward County School District Alleging that Bullying Caused Her Daughter’s Attempted Suicide, South Florida Injury Lawyer Blog, November 22, 2011

A Case of Miami Gardens Personal Injury?: “Doctor” Injects Woman’s Butt with “Fix-a-Flat’’, South Florida Injury Lawyer Blog, November 19, 2011

The Florida Department of Juvenile Justice announced today that it is firing six people who work at the Palm Beach Regional Juvenile Center in West Palm Beach in the wake of Eric Perez’s death. The 18-year-old died last July while in custody there. The department says it is no longer able to wait until Palm Beach County State Attorney Michael McAuliffe concludes his probe into what happened on July 10. The media have not reported at this time whether or not Perez's family plans to file a Florida wrongful death claim.

Perez was in lockup on a marijuana possession charge. According to the Miami Herald, a detention center healthcare log indicated that even though the teenager threw up and screamed all night, a nurse did not examine him until 7:51 am in the morning (Perez also reportedly began hallucinating that an imaginary person was on top of him. Also, during the course of the night, guards tried to ask another nurse for “guidance” but she didn’t answer the phone). Perez was pronounced dead by paramedics at approximately 8:10am.

DJJ Secretary Wansley Walters reports that not all of the six who are being fired have been directly linked to Perez’s death. Some terminations are in the wake of the examination into detention center operations.

Three people who were fired, Albert Rios, Christian Lewis, and Darrell Smith are accused of procedural violations on the night that Perez died. According to Rios, the guards "engaged in unauthorized physical contact or horseplay” with Perez because it was his 18th birthday.

If you or someone you love sustained serious injury or became sick while in police custody and law enforcement officers did not do enough to prevent the injury or provide the necessary medical care, you may have grounds for a West Palm Beach personal injury case. It doesn’t matter whether or not a crime was committed. You still have certain rights and protections whether or not you are behind bars and charged with/convicted of wrongdoing.

State officials fire 6 West Palm juvenile detention workers in connection with teen's July death, Palm Beach Post, December 28, 2011

Lockup’s medical log details teen’s death spiral, Miami Herald, July 20, 2011

More Blog Posts:
Mother Files Coral Springs Injuries to Minor Lawsuit Against Broward County School District Alleging that Bullying Caused Her Daughter’s Attempted Suicide, South Florida Injury Lawyer Blog, November 22, 2011

A Case of Miami Gardens Personal Injury?: “Doctor” Injects Woman’s Butt with “Fix-a-Flat’’, South Florida Injury Lawyer Blog, November 19, 2011

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

Continue reading "Florida to Fire Six West Palm Beach Employees At Facility Where Detained Teen Died" »

According to a Miami-Dade County Grand Jury says Agency for Health Care Administration must take more aggressive measures to crack down on assisted living facilities to make sure that they comply with the dry rules and regulations. The grand jury believes that more needs to be done to protect ALF residents from Florida nursing home abuse and neglect.

The inquiry came after the Miami Herald published an investigative series about the poor oversight of nearly 3,000 ALF’s. The newspaper found that the state has neglected to properly regulate Florida nursing homes and investigate allegations of neglect and abuse, while allowing many of the worst offenders to stay open. In the last 10 years, there have been at least 70 deaths from Florida nursing home negligence.

In South Florida, do not hesitate to contact our Miami nursing home neglect and abuse lawyers if you suspect that your loved one is the victim of Florida nursing home negligence.

Among the grand jury’s recommendations:
• Imposing heftier fines and stricter suspensions so that those that commit Florida nursing home neglect or abuse will be forced to pay the price.
• Establishing more rigorous educational requirements for administrators.
• Charging caretakers with a felony crime for punishing residents that report them to inspectors.

With an increase in the number of Florida assisted-living facilities in recent years, it is imperative that the state cracks down on offenders and work harder to protect nursing home residents. Our Miami nursing negligence lawyers are familiar with the devastating consequences of abuse and/or neglect on residents. It is a good idea to immediately take your family member out of an abusive environment and notify the authorities.

Florida must crack down on elderly abuse MIAMI HERALD EDITORIAL | Grand jury confirms lax oversight exposed in Herald’s series, Bradenton.com, December 17, 2011

ALFs: a Call for Greater Interagency Communication and a Cry for More Citizen Volunteers (PDF)

More Blog Posts:
Florida Nursing Home Abuse: Assisted Living Facility Chain Still Under Investigation, South Florida Injury Lawyer Blog, October 18, 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

Boynton Beach Nursing Home Neglect Lawsuit Blames Assisted Living Facility for Elderly Woman’s Bedsores, South Florida Injury Lawyer Blog, September 30, 2011

A 28-year-old woman who says a male nurse sexually assaulted her is suing Bethesda Memorial Hospital for Boynton Beach personal injury. In her Palm Beach County sexual abuse lawsuit, she identifies herself as ‘Jane Doe.’

The woman says the assault happened last September. She had been admitted to the Boynton Beach hospital for treatment of a digestive order and she says that she woke up to find enneth Shing-Cheung Lee inappropriately touching her. She says that she immediately ran to the nurse’s situation to report what happened. The woman contends that hospital officials didn't take her claims seriously, which is why she contacted police.

The accused nurse has denied the sex abuse allegations. However, the plaintiff said that she doesn’t think this is the first time that he has sexually abused a patient.

Sexual Abuse and Assault by Medical Professionals
Working in close physical proximity with patients gives doctors, nurses, and other medical professionals intimate physical access to each person, which can make it easy for those seeking to molest or sexually assault another person to commit this crime. Unfortunately, the sexual abuse of patients at hospitals, assisted living facilities, and in other nursing and medical care settings happens more often than you’d like to think.

Not only is this wrongful action medical negligence on the professional’s part, but also it is a crime and can be grounds for a Boynton Beach personal injury lawsuit seeking damages for sex abuse/assault. Even lasting longer than the physical injuries are the emotional and psychological scars that can remain following an incident of sexual abuse. There is no way to quantify the extent of all your injuries, but this doesn’t mean you cannot hold your assailant or any party that allowed the abuse from happening liable in civil court.

Sex Abuse Lawsuit Filed Against S. Fla. Hospital, CBS Miami, December 8, 2011

Woman claims sexual assault by Bethesda Memorial nurse, files lawsuit, Palm Beach Post, December 8, 2011

More Blog Posts:
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

$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

Last week, our West Palm Beach personal injury law firm reported that the National Transportation Safety Board is calling for all states to ban texting and cell phone calls while driving. We also wrote about the upcoming debate among Florida lawmakers regarding whether or not to ban texting in the state.

This week, we’d like to blog about a recent National Highway Traffic Safety Administration survey on the distracted driving habits of Americans. Over 6,000 drivers participated. Per the results:

• At any moment, nearly one out of every 100 drivers is e-mailing, texting, surfing the Internet, or doing something else with a hand-held device while operating a motor vehicle.
• Most of those surveyed admitted to answering phone calls while driving.
• Close to two out of every 10 drivers surveyed admitted to e-mailing or texting. Drivers in the 21-24 age group were most likely to text while driving.
• Over 50% of drivers don’t believe that making a call affects their driving performance.
• About 25% said they don’t think that e-mailing or texting impacts their driving.
• 90% of drivers don’t like it if the person driving the car they are riding in is e-mailing or texting
• More drivers said they read texts over sending them.
• Two times as many drivers admitted to answering calls over making them while operating a motor vehicle.

As evidenced by the survey results, most drivers think that they can text or talk on the phone safely while driving. Unfortunately, this is not the case. Cell phone conversations and texting takes a motorist’s attention away from the task at hand, which means he/she is not 100% focused on the task at hand. This can make it hard to avoid causing or becoming involved in a South Florida traffic crash. Remember that it takes just a few seconds for a catastrophic Miami motor vehicle accident to happen—those same seconds that a driver’s eyes are off the road in order to read an e-mail or dial the phone.

Over the last couple of years, Federal, state, and local safety officials have made a concerted effort to educate people about the dangers. Yet even when there are laws limiting cell phone use or banning texting, some people can’t seem to stop themselves, which places everyone in danger.

Drivers can no longer say that they didn’t know that distracted driving can kill people. As the victim of a distracted driving accident, you may be able to pursue Palm Beach traffic crash damages from the negligent motorist.

More drivers texting but few think it's dangerous, survey says, The Denver Post/AP, December 9, 2011

NTSB pushes for nationwide ban on cellphone use for drivers, The Washington Post, December 14, 2011

National Distracted Driving Telephone Survey Finds Most Drivers Answer the Call, Hold the Phone, and Continue to Drive, NHTSA (PFD)

More Blog Posts:
As NTSB Recommends Full Cell Phone While Driving Ban, Florida Again Considers Whether to Make Texting Illegal, South Florida Injury Lawyer Blog, December 13, 2011

Coconut Creek Woman Killed in Broward County, Florida Car Crash Involving Lighthouse Point Police Vehicle, South Florida Injury Lawyer Blog, December 5, 2011

West Palm Beach Motorcycle Accident Leaves Police Officer with Serious Injuries, South Florida Injury Lawyer Blog, November 26, 2011

Continue reading "Prevent West Palm Beach Motor Vehicle Crashes by Not Texting or Talking on the Cell Phone" »

Knauf Plasterboard Tianjin Co. has set up two funds to pay property owners and injury victims for the damage and harm suffered from defective drywall. Most of the products liability claimants are in Florida, Mississippi, Louisiana, and Alabama.

One fund is uncapped and the money from here will go towards paying the owners of about 4,500 properties for damages sustained by their homes. The other fund, which is capped at $30 million, will pay for other kinds of losses, including the health issues people say they suffered.

The Chinese drywall was used to build thousands of homes after the hurricanes of 2005 and prior to the housing bubble popping. While there is no scientific evidence linking the drywall to certain physical side effects, people that have been exposed to Chinese drywall report similar symptoms, including congestion, nosebleeds, asthma attacks, acne, coughing, headaches, hair loss, hives, muscle and joint pain, irritated eyes, nausea, phlegm, miscarriages, rashes, shortness of breath, sneezing, sore throat, breathing problems, and urinary tract infections. Kids and the elderly appear more prone to experiencing side effects after they’ve been exposed to Chinese drywall.

Knauf Plasterboard has admitted that the drywall that it makes includes low levels of sulfur gas. However, the company has said that its product is not hazardous.

If you believe that a defective product caused your health issues or injuries, you may have grounds for filing a Florida products liability lawsuit against a negligent manufacturer.

Chinese drywall settlement could be worth up to $1 billion, Sun-Sentinel, December 15, 2011

Chinese Drywall Saga: End in Sight?, Wall Street Journal, December 16, 2011

More Blog Posts:
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

Continue reading "Chinese Drywall Maker Agrees to Pay Millions For Products Liability Claims" »

In the upcoming legislative session due to start next month, Florida legislators will once again consider whether texting should be banned in the state. Right now, Florida is one of 15 US states that haven’t made texting while driving illegal. Florida is also among the few states without any type of restriction on cell phone use while driving. Our Miami personal injury law firm is familiar with the types of catastrophic South Florida car crashes that can occur because someone was distracted driving.

This time around, however, lawmakers who favor a statewide texting ban may be coming into the debate with the extra support they need following today’s recommendation by the National Transportation Safety Board that use of cell phone and text messaging devices while driving be made illegal throughout the US—unless, of course, there is an emergency situation. Although the NTSB cannot impose state laws, its recommendations are taken seriously by lawmakers.

The federal safety board called is calling for the ban because it says distracted drivers are threatening public safety. According to a National Highway Traffic Safety Administration survey, distracted driving was a factor in at least 3,092 US traffic crashes last year and at any moment during daylight hours, close to 1 out of 100 drivers are using handheld phones. NTSB member Robert Sumwalt even went so far as to call distracted driving the “new DUI.”

When explaining the need for a nationwide ban, the NTSB cited the tragic multi-vehicle Missouri traffic pileup in August 2010 involving a tractor-trailer, a pickup truck, and two buses. More than 30 people were injured and two people killed, including the 19-year-old driver of the pickup, who, within 11 minutes, sent or received 11 text messages. The other victim that died was a 15-year-old that was riding the school bus.

Texting, emailing, and talking on the cell phone are dangerous activities when done while driving. You want to work with a Palm Beach car crash law firm that knows how to prove that the other party’s negligence caused your injuries or a loved one’s death. Just because these driving habits are still legal in Florida does not mean you cannot recover damages.

Cellphone ban while driving? The tragedies behind the issue, Los Angeles Times, December 13, 2011

NTSB recommends full ban on use of cell phones while driving, CNN, December 13, 2011

More Blog Posts:
Coconut Creek Woman Killed in Broward County, Florida Car Crash Involving Lighthouse Point Police Vehicle, South Florida Injury Lawyer Blog, December 5, 2011

West Palm Beach Motorcycle Accident Leaves Police Officer with Serious Injuries, South Florida Injury Lawyer Blog, November 26, 2011

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

Continue reading "As NTSB Recommends Full Cell Phone While Driving Ban, Florida Again Considers Whether to Make Texting Illegal " »

According to authorities, 18-year-old Alexander Worrall caused the Boynton Beach car accident on Wednesday that left an elderly couple with serious injuries when he ran a red light. The traffic crash occurred at the intersection of Military Trail and Old Boynton Beach Boulevard. The couple, 85-year-old Maurice Gartman and his 82-year-old wife Evelyn, is receiving treatment for their serious injuries at Delray Medical Center.

Palm Beach County Sheriff's investigators are trying to determine whether Worrall was intoxicated when the Boynton Beach traffic crash happened.

Red Light Running
According to the National Campaign to Stop Red Light Running, about 153,000 people were injured and nearly 900 others killed in the US in 2007 because drivers failed to stop at a red light. Meantime, the Insurance Institute for Highway Safety reports that red light running is a leading cause of urban collisions.

The most common reason why people run red lights is because they are in a “hurry” to get to their destination. However, what they forget in their rush to get to where their going is that red light running may actually prevent them from arriving at their destination. In the Institute’s 2009 analysis of deadly red light running accidents, it found that those most likely to run a red light were usually male and belonged to the under 30 age group. Many were involved in previous crashes, had a story of drunk driving, or received citations for speeding and other moving violations.

Our Boynton Beach car accident lawyers have seen the devastation that red right running can create in the lives of victims. Pedestrians, bicyclists, and the occupants of vehicles that had the right of way are the ones that end up suffering.

Authorities: Teen to blame for wreck that sent elderly couple to hospital in suburban Boynton Beach, The Palm Beach Post, December 8, 2011

Red Light Cameras, Insurance Institute for Highway Safety

Red Means Red

More Blog Posts:
Coconut Creek Woman Killed in Broward County, Florida Car Crash Involving Lighthouse Point Police Vehicle, South Florida Injury Lawyer Blog, December 5, 2011

West Palm Beach Motorcycle Accident Leaves Police Officer with Serious Injuries, South Florida Injury Lawyer Blog, November 26, 2011

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

Continue reading "Boynton Beach Car Crash that Injured Elderly Couple Was Caused By Teen Driver That Ran Red Light, Says Palm Beach County Sheriff’s Office" »

A 26-year-old Coconut Creek woman was killed on Thursday in a Broward County, Florida car accident. Amanda Smith was ejected from the Jeep she was a passenger in after the vehicle collided with a Lighthouse Point police cruiser.

Smith was not using a seat belt at the time of the Pompano Beach car crash. After being thrown from the auto, she was partially pinned under the Jeep, which had tipped over. Smith died at the collision site. She leaves behind her father and two sons, ages 5 and 6 months.

Boca Raton resident Gary Judd Costa, who was driving the Jeep, has been arrested. He is charged with DUI, possession of a controlled substance, and failure to exercise due care. He and Lighthouse Point Police Officer Mark Riemer sustained minor injuries.

According to police, Costa lost control of his Jeep on the Federal Highway. He then hit the concrete median before colliding with the police cruiser.

If someone you love was killed in a Broward County traffic crash, you may have reason to pursue damages from other liable parties. Because Florida is a comparative negligence state, even if the victim played a role in causing his injuries, compensation from any other liable parties for whatever percentage of the collision is deemed to be their fault is still possible. For example, if a Pompano Beach car accident victim is found be 30% at fault for his/her injuries, then the other responsible party can still be held accountable for 70% of whatever damages are awarded. Florida’s comparative negligence standard has been in effect since 1973.

Not all states follow this type of law. For example, some states follow the contributory negligence standard. Under this law, if an injured party is found even a little liable for his//her injuries, then he/she cannot recover any compensation.

Dad mourns daughter killed in police car crash, Sun-Sentinel, December 4, 2011

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

$2.25M Palm Beach Car County Accident Verdict Awarded in Boynton Beach Wrongful Death, South Florida Injury Lawyer Blog, March 18, 2011

Mother Files Florida Pedestrian Accident Lawsuit Against Alleged Drunk Driver Over Daughter’s Wrongful Death, South Florida Injury Lawyer Blog, November 17, 2010

Continue reading "Coconut Creek Woman Killed in Broward County, Florida Car Crash Involving Lighthouse Point Police Vehicle" »

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