South Florida Injury Lawyer Blog

In Florida, three state agencies and the Miami-Dade police are investigating the cause of burn injuries sustained by a disabled foster child at the Florida Club Care Center. The 12-year-old girl, who is a resident at the nursing home, suffers from severe cerebral palsy and is unable to communicate. She sustained second-degree burn injuries on her thigh and hand.

The Child Protection Team, which is comprised of doctors and nurses that determine whether a child has been the victim of abuse, identified the girl's burn injuries. In a letter to Florida Governor Charlie Christ, Doctor Michael Strong accused an Agency for Health Care Administration investigator of botching the probe into the girl’s injuries, in part due to the administrator's “lack of due diligence.” The AHCA, which is in charge of overseeing hospitals and nursing homes, says its investigator found no evidence to indicate that the young girl had been burned.

Strong said the Child Protection Team was worried that the safety of other residents at the nursing home were at risk. He believes that the girl was the victim of neglect.

The Department of Children and Families (DCF) has agreed to increase the number of visits to children at the Florida nursing home until Dr. Strong’s worries are addressed. The Florida Club Care Center has also agreed to have a “monitor” at the children’s nursing area every day until any problems are resolved.

DCF local administrator Alan Abramowitz says that workers think the girl was neglected but not abused on purpose. Previous to this incident, the North Miami Beach nursing home has been investigated for eight reports of neglect or abuse, including allegations of medical neglect, inadequate supervision, and physical injury. The Florida Club Care Center has been investigated for 66 reports of abuse or neglect involving adult residents. Only four of the incidents were verified.

Nursing Home Negligence
If the negligent or abusive acts of a doctor, nurse, or another worker at a Florida nursing home are the cause of a resident’s injuries, the victim and his or her family may be entitled to compensation for nursing home abuse and negligence.

Three agencies probe child's burns, Miami-Herald, October 3, 2008

Burn Degrees, Lifespan.org

Related Web Resources:

Nursing Home Abuse and Neglect Center

Child Protection Team

Florida Agency for Health Care Administration

Continue reading "Florida Pediatrician Says Neglect Led to 12-Year-Old Miami-Dade Nursing Home Resident's Burn Injuries" »

Posted by David J. Halberg, Esq. | Permalink | Email This Post

Posted In: Burn Injuries , Injuries to Minors , Nursing Home Abuse and Neglect

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In Florida, Emmanual Carry has been charged with first-degree murder for the death of Coral Springs resident Patrick Dameus. Carry, also from Coral Springs, is accused of “intentionally” hitting the 48-year-old man with his 2005 Honda Element more than once before using the vehicle to drag his body 2 ½ miles.

The alleged attack reportedly occurred right before 5am on Sunday in a parking lot on Riverside Drive. Coral Springs Police say that the two men had been arguing.

Police accuse Carry of not only striking Dameus and dragging his body under his motor vehicle as he left the scene, but also of backing the car over him and driving over him again. Dameus’s body was found on State Road, where he was pronounced dead.

Carry, who was arrested at 6:15 pm at a family member’s house in North Miami Beach, is being held in the Dade County Jail without bond. He will be extradited to Broward County.

Wrongful Death
In Florida, the family of a victim who was killed by another person’s negligent or reckless act may be able to file a Florida wrongful death lawsuit to obtain compensation for the loss of their loved one and the harm suffered by the family as a result of that loss. The kinds of recovery that surviving family members can claim may vary. For example, a child who has lost her mother or father in a car accident may be able to claim damages for loss of parental support.

Family members may seek economic and noneconomic compensatory damages. In certain cases, they may have grounds to file a Florida wrongful death claim that also seeks punitive damages.

Punitive Damages
Punitive damages in a Florida wrongful death case may be awarded if there is evidence to prove that the defendant acted intentionally and/or with gross negligence to cause the victim’s death.

Coral Springs man runs down another man, drags him 2 1/2 miles, Sun-Sentinel, October 27, 2008

Man Dragged To Death, Suspect Arrested, Local10, October 26, 2008

Related Web Resource:

Types of Personal Injury Damages, Justia

Continue reading "Florida Man Dies After Being Run Down Several Times and Dragged 2 ½ Miles Under an SUV " »

Posted by David J. Halberg, Esq. | Permalink | Email This Post

Posted In: Motor Vehicle Accidents , Wrongful Death

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In Florida, the Archdiocese of Miami issued a public apology to a teenage girl who was sexually assaulted by a Pinecrest Catholic Church youth minister. The apology is part of the sex abuse settlement the archdiocese reached with the teenager and her family.

In a Florida sexual abuse lawsuit, the girl accused then-19-year old Anthony B. Ricco of assaulting her a number of times in 2006. She also alleges that St. Louis Catholic Church Pastor James Fetscher and Senior Youth Minister Paul Herring knew as early as 2004 that Ricco had sexually molested other girls but failed to notify Florida police or prevent him from abusing other girls. The 15-year-old’s parents reported Ricco to Pinecrest authorities after they found out that he had sexual intercourse with their daughter.

As late as last year, the archdiocese denied it knew about any allegations of sexual abuse involving Ricco, who pleaded no contest to nine counts of lewd and lascivious battery in December 2006, with some of the charges related to his sexual relationship with the teen. As part of Ricco’s plea agreement, the judgment against him was withheld, which means that Ricco technically does not have a criminal record.

The financial terms of the Florida sexual abuse settlement with the Miami Archdiocese remain confidential.

If you or your child was the victim of sexual abuse, Florida personal injury law allows you to file a sexual abuse lawsuit against the perpetrator. Florida is one of a number of US states with a delayed discovery rule. This means that even if you wait a number of years before filing your lawsuit because you repressed the memory of the incident, you may still be able to sue the abuser for compensation. An experienced Miami sexual abuse lawyer can inform you of your legal options.

Sexual abuse is an insidious crime and the physical and emotional damage from such an assault can affect the victim for the rest of his or her life. If you have been the victim of sexual abuse, you may be able to hold the responsible party liable in civil court.

Miami Archdiocese Apologizes In Sex Abuse Lawsuit, CBS4.com, October 16, 2008

Miami Archdiocese issues rare apology in sex-abuse case, MiamiHerald.com, October 17, 2008

Related Web Resources:

The Catholic Church and Sexual Abuse by Priests, AmericanCatholic.org

Archdiocese of Miami

Posted by David J. Halberg, Esq. | Permalink | Email This Post

Posted In: Sexual Abuse

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In West Palm Beach, Florida, five people died on the Florida Turnpike on Friday night when the sport utility vehicle they were riding in rolled over after it blew a tire. According to the Florida Highway Patrol, the driver lost control of the Ford Expedition and rolled into a 15-foot canal.

Eight people were in the SUV, which was completely submerged in the canal when police arrived. Troopers say that bodies had been ejected from the vehicle and children were crying at the crash scene.

Three people, a boy and two women, were pronounced dead at the crash scene. A dive team found the body of another boy the following morning. Another victim, a girl, was pronounced dead at Delray Medical Center, where the three survivors were also treated for their injuries.

Only four of the eight people riding in the SUV —driver Moline Etienne and the three injury victims that survived the crash—were wearing seat belts. The children were not riding in child safety seats or wearing seat belts.

The victims that died were Etienne, 23, Roodandray Louis, 3, Shelley Peters, 30, Natayel Meyer, 10, and Malesha Louis, 5. The victims that were injured but survived the crash are Gina Merceron, 41, Enichka Maurice, 15, and Shadrack Gustave, 6.

Tire Blowouts
There are many reasons why tire blowouts can happen. Defective tires is one reason that tire blowouts occur.

Examples of tire defects:

• Valve stem cracks
• Breaks in the tire fabric
• Damaged or exposed cords
• Knots and bumps resulting from tire damage

Tire blowouts can cause a motorist to lose control of the vehicle, resulting in motor vehicle collisions, SUV rollovers, and other catastrophic accidents.

5 dead in Turnpike crash,, Sun-Sentinel.com, October 18, 2008

5 Killed When SUV Rolls Over On Turnpike, WPBF, October 18, 2008

Related Web Resources:

The Hidden History of the SUV, PBS.org

Tire Blowouts on the Highway, Safety.com

Continue reading "Five People Killed in West Palm Beach After Tire Blowout Causes SUV Rollover" »

Posted by David J. Halberg, Esq. | Permalink | Email This Post

Posted In: Motor Vehicle Accidents , Products Liability , SUV Rollovers , Wrongful Death

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The Florida parents of Pateesha Clinch, a 12-year-old girl who died while roughhousing with friends at Westview Middle School in September 2007, is suing the Miami-Dade school district for her wrongful death. According to students at the school, the 6th grader struck her head on the side of classroom wall when she fell.

Fire-rescue units that arrived at the scene found Clinch unconscious. She was pronounced dead at Jackson Memorial Hospital North. The medical examiner’s office says that Pateesha’s body showed no observable trauma. Autopsy results indicate that because of a rare, undetected heart condition, she may have gone into sudden cardiac death.

Pateesha’s parents, Daryl and Meka, are accusing the school district of negligence. The couple say that the fall contributed to her death, regardless of whether she had a preexisting heart condition. The couple’s personal injury lawyer said that teachers and security monitors at the school knew that the students liked to roughhouse in between classes and should have been properly supervising them.

Premises Liability
Schools, daycare centers, community centers and other premises where children are supervised owe a duty of care to the children and their parents to keep the kids safe from harm. When failure to provide that care results in personal injury, a Florida premises liability lawsuit may be filed. If someone you love has died on a premise because of negligent security, inadequate supervision, or any other unsafe conditions, you and your family may be able to file a Florida wrongful death claim or lawsuit against the responsible party or parties.

Examples of personal injury accidents that can occur at schools include:

• Sexual abuse
• Sexual assault
• Physical assault
• Defective products-related accidents
• Motor vehicle accidents
• Fall accidents

Dead girl's parents sue Miami-Dade school district, Miami Herald, October 15, 2008

Horseplay Could Be To Blame For 12-Year-Old Girl's Death, Local10.com, September 18, 2007

Related Web Resource:

Miami-Dade County Public Schools

Posted by David J. Halberg, Esq. | Permalink | Email This Post

Posted In: Premises Liability , Wrongful Death

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A jury in Palm Beach, Florida has awarded the family of Pompano Beach resident Claudia Avila $6.98 Million for her wrongful death. Avila died on February 17, 2004 in Delray Breach when a 34-pound metal plate crashed into the windshield of the motor vehicle she was riding on I-94 and struck her on the head.

Avila went into a coma. She died a few weeks after the accident when doctors took her off life support.

The Palm Beach County jury found company Tarmac America 28% liable for the tragic accident. Tarmac America was the company that packaged thousands of metal plates for shipping and then loaded them onto a number of flatbed trailers for transport to Fort Lauderdale.

Avila’s children had filed a wrongful death lawsuit suing Tarmac America, Ft. Lauderdale scrap metal company IGM, and Miami truck company EM Transfer. IGM and EM Transfer settled with Avila’s family out of court.

During the trial, the plaintiffs accused Tarmac of negligence because it failed to properly secure the metal plates to the wooden pallets that they were stacked on. The metal plate struck Avila after falling off the truck.

The Palm Beach found EM Transfer 72% liable. Because the truck company had already settled the case, the resulting judgment for the family is $1.7 million. The wrongful death award includes damages for loss of parental support and pain and suffering.

Road Debris
According to a 2004 AAA Foundation for Traffic Safety Study, 25,000 motor vehicle accidents occur every year because of road debris, with almost 100 deaths resulting.

Because of road debris, motor vehicle accidents can occur when:

• A driver loses control of the vehicle.
• Brakes suddenly to avoid debris.
• Injuries from debris crashes through the windshield.
• The driver becomes distracted.

Road Debris Can Be Fatal, CBS News, July 13, 2004

Jury awards $1.7 million to family of woman killed by metal plate on I-9, Sun-Sentinel.com, October 13, 2008

Related Web Resources:

Highway Debris, Long an Eyesore, Grows as Hazard, New York Times, May 11, 2007

AAA Foundation for Traffic Safety Study

Posted by David J. Halberg, Esq. | Permalink | Email This Post

Posted In: Car Accidents , Motor Vehicle Accidents , Wrongful Death

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Seven people suffered burn injuries in Ft. Lauderdale, Florida on Sunday following a deadly gas pump explosion at the BP station located at the intersection of Southwest 27th Avenue and Davie Boulevard. The blast happened after a 2008 Dodge pickup truck collided with a 1992 Buick before crashing into the pump. Following the explosion, the pickup truck and a nearby Toyota caught on fire.

One victim, Fort Lauderdale resident Ricardo Mottley, was admitted to Jackson Memorial Hospital in Miami in critical condition. Another victim sustained moderated burn injuries, while five other victims sustained minor injuries. Pickup truck driver Roy Donald Link is one of the people that suffered minor burns.

While no criminal charges have been filed, some witnesses say that Link ran a red light before the crash.

2007 Burn Injury Facts from the American Burn Association:
• Some 4,000 people a year die from burn injuries.
• 3,500 of these fatalities occur in fires at residences.
• 500 burn deaths occur in aviation and motor vehicle rashes.
• Some 500,000 people receive medical care for burn injuries each year.

Kinds of Burns
First-Degree Burns: The top layer of skin has burns.
Second-Degree Burns: Involves the first two layers of skin.
Third-Degree Burns: Penetrates all layers of skin and causes permanent tissue damage.

Burn injuries can be serious injuries. If you or someone you love suffered burn injuries in a Florida accident that was someone else’s fault, it is important that you explore your legal options.

Man critically burned in gas pump fire, Miami Herald, October 7, 2008

Related Web Resources:
American Burn Association

Burn Emergencies, Phoenix.gov

Continue reading "Seven People Suffer Burn Injuries After Florida Motor Vehicle Crash Causes Deadly Gas Pump Fire at Ft. Lauderdale Station " »

Posted by David J. Halberg, Esq. | Permalink | Email This Post

Posted In: Burn Injuries , Car Accidents , Motor Vehicle Accidents

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A Florida woman that didn’t know she was pregnant and delivered her baby into the toilet in a restroom at the University Community Hospital in Carrollwood is suing the Tampa hospital for medical malpractice.

2 1/2 years ago, Robin Lumley arrived at the hospital complaining of vaginal bleeding and serious pains in her abdomen. Hospital staffers ordered tests, including a pregnancy test that was never performed, and her symptoms were documented. Lumley, who was 46 at the time and single, was reportedly never fully examined because she was in too much pain.

Hospital staffers allowed Lumley to go to the restroom, where she delivered a 6-pound baby into the toilet. The baby girl, Brianna Rose, almost drowned. She also went into respiratory arrest and sustained brain damage following her delivery. She will now require specialized medical care for life.

Lumley’s lawsuit contends that it was the hospital’s negligence in failing to detect that she was in labor that caused birthing injury to her baby. Lumley claims she did not know she was pregnant until her baby was born.

According to psychologists, women have been known to conceal their pregnancies even from themselves. Three kinds of pregnancy denials include:

• Pervasive denial
• Psychotic denial
• Affective denial

In the event that a doctor, nurse, or another health care provider fails to provide a mother in labor with the proper medical care and the mother or baby is injured as a result, the hospital and/or staffers can be held liable for Florida medical malpractice.

Woman didn't know she was pregnant, gives birth -- now hospital is sued, Sun-Sentinel.com, October 7, 2008

Characteristics of Women Who Deny or Conceal Pregnancy, Psychosomatics

Related Web Resources:

Medical Malpractice and Childbirth, WrongDiagnosis

American Pregnancy Association

University Community Hospital

Continue reading "Florida Woman that Delivered Baby into Toilet Sues Carrollwood Hospital for Medical Malpractice" »

Posted by David J. Halberg, Esq. | Permalink | Email This Post

Posted In: Birthing Injuries , Medical Malpractice

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Six men were killed in a deadly Florida motor vehicle crash in Glades County on Monday when a tractor-trailer struck the van carrying them. The crash is being called one of the deadliest auto accidents to ever occur in Southwest Florida.

The accident occurred after a sand truck driver failed to stop at a stop sign, crashing into the van. All six victims were killed on impact. Four of the victims were ejected from the van and only two of the six men were carrying identification.

Ewing Saunders, the 66-year-old tractor-trailer driver, was taken to Lee Memorial Hospital where he was reportedly in serious condition on Monday night. The truck he was driving is owned by West Coast Aggregate Haulers.

According to the Federal Motor Carrier Safety Administration’s "Large Truck Causation Study," major causes of crashes involving large trucks and passenger vehicles, such as sport utility vehicles, cars, pickup trucks, and vans, include:

• Improper surveillance
• Speeding
• Illegal driving maneuvers
• Exhaustion
• Illness
• Driver inattention
• Not anticipating other motorists’ maneuvers
• Driver distraction

Deadly truck crashes continue to be a potential danger for motorists on US roads. Injuries from truck crashes are usually catastrophic—especially for other drivers and pedestrians—and the costs for recovery and ongoing medical care can be very expensive.

6 killed in Fla. tractor-trailer crash with van, AP, October 1, 2008

Truck hits van, kills six in rural Glades County, News-Press.com, September 30, 2008

Related Web Resources:

Deadly Southwest Florida Crashes, News-Press.com, September 29, 2008

FMCSA

Continue reading "Southwest Florida Tractor-Trailer - Van Accident Claims Six Lives" »

Posted by David J. Halberg, Esq. | Permalink | Email This Post

Posted In: Motor Vehicle Accidents , Truck Accidents

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At St. Mary’s Medical Center in West Palm Beach, Florida, tragedies struck two families earlier this month when similar medication mistakes led to one mother delivering stillborn twins and another baby being born born with brain damage. The hospital has admitted to the medication errors and has apologized to both families.

In the first incident,Sharee Davis checked into St. Mary’s on September 4 for a cerclage, which is a routine procedure that was supposed to prevent her from delivering her twins prematurely. She was just 17 weeks pregnant.

Instead, the medication the hospital gave her induced labor and Davis delivered stillborn twins, a boy and a girl. Davis and James Andrews, the boy’s father, say that they plan to sue St. Mary’s for medical malpractice.

Several hours after Davis gave birth, another mother, who was 23 weeks pregnant, was administered the same medication—also incorrectly. She too went into premature labor and her baby suffered brain damage.

St. Mary’s says that the medication mix-ups happened despite its existing safeguards. The hospital is working with its doctors, nurses, and pharmacists to understand how the mistakes happened and to make sure that a similar mix-up doesn't happen again.

Birthing Malpractice
Administering the wrong medication to a pregnant mother can lead to serious complications, including premature labor, stillbirths, brain damage, cerebral palsy, and other catastrophic birthing injuries. It is the responsibility of hospitals, doctors, nurses, pharmacists, obstetricians, and others responsible for the medical care of pregnant mothers and their babies to make sure that malpractice errors do not happen. Medical mistakes can be grounds for birthing malpractice or wrongful death claims and lawsuits.

Medication Mix-Up Results In Twins' Deaths, MSNBC.com, September 20, 2008

Twins' premature death blamed on hospital, WPTV.com, September 19, 2008

Related Web Resources:

St Mary's Medical Center

Cervical Cerclage, American Pregnancy Association

Posted by David J. Halberg, Esq. | Permalink | Email This Post

Posted In: Birthing Injuries , Medical Malpractice

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While methadone is prescribed by doctors, nurse practitioners, and osteopaths as a painkiller to treat conditions resulting in severe pain, the drug is implicated in two times as many painkiller-related fatalities as the drugs Vicodin and OxyContin. According to Dr. Howard Heit, a pain medication specialist, many patients that take the drug as prescribed can suffer adverse side effects, including death.

Federal regulators admit that it took them awhile to recognize physician ignorance related to the drug and the dangers that could arise when doctors prescribe methadone as a painkiller. The government cites “imperfect” systems as a cause for the oversight. As late as 2006, the Food and Drug Administration-approved package insert was still recommending a dangerously high dosage.

The number of deaths citing methadone as a contributing cause between 1999 and 2005 was 4,462, which federal officials say may be an underestimation. In 2007, the state of Florida alone reported 785 deaths caused by methadone. Between 1998 and 2006, the number of methadone prescriptions grew by 700%, says the DEA.

One main problem is that many doctors don’t fully comprehend the way methadone metabolizes and how patients can have different responses.

Causes for error include:

• Prescribing too much methadone too quickly.
• Failing to warn patients that it is dangerous to mix methadone with sedatives or alcohol.
• Failing to follow up during the first week a patient is taking the drug.

The FDA is considering mandating that doctors take classes that focus on prescribing narcotics.

Federal regulators and drug manufacturers are supposed to make sure that any medications that are recommended, manufactured, and placed out in the market are safe for use. Allowing a dangerous drug into the marketplace or failing to warn of a drug's potential side effects can be grounds for a drug litigation lawsuit if someone gets sick or dies as a result. A doctor may be subject to a medical malpractice lawsuit if he or she prescribes a drug to a patient but fails to warn of dangers or doesn't prescribe the correct dosage.

Methadone is successful as painkiller, but can be deadly, Boston.com, August 17, 2008

Painkiller more available for abuse, USA Today, July 13, 2008

Related Web Resources:

Methadone, Drugs.com

Methadone, NIH

Continue reading "Methadone as A Painkiller Can Be Fatal For Some Users" »

Posted by David J. Halberg, Esq. | Permalink | Email This Post

Posted In: Drug and Medical Device Litigation

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Earlier this year, the Orange County Health Department in Florida cited 100 neighborhood hotels and apartments for having deficient pool drains. A list of the properties cited can be found below this article in the Related Web Resources section of the page.

Pool Drains
Pool drains can pose a hazard to swimmers, especially to children, if the drains are not properly covered and do not have the proper shut-off valves. According to the Consumer Product Safety Commission, there have been numerous accidents in which people have become trapped by the drain at the bottom of a pool or a spa tub. Many of these victims have been children.

A pool drain can create suction that a person can easily get caught in if it is too strong. This can prevent him or her from being able to resurface from the water and may lead to drowning accidents and other serious injuries. Drowning deaths can result when a person’s hair gets stuck in a hot tub drain. Earlier this year, a 6-year-old girl died from injuries she sustained when a swimming pool drain sucked out her intestines.

In December, the Virginia Graeme Baker Pool & Spa Safety Act will go into effect. This new law will make it mandatory for all public pools to install the proper drain safety covers and shut-off valves that will prevent people from getting trapped underwater by the suction of a powerful pool or hot tub drain.

The legislation is named after former Secretary of State James Baker’s 7-year-old granddaughter who drowned after getting trapped by the drain of a friend’s hot tub. The suction of the drain was so powerful that efforts to pull her out of the water before she died proved impossible.

Despite the dangers that deficient pool drains pose, an ABC News undercover team reported in July that they discovered that many public pools and hotels across the US have failed to take action to remedy this unsafe condition.

Injuries or death caused by a defective pool drain can be grounds for a products liability or wrongful death lawsuit.

Dangerous Pool Drains Could Trap And Kill Children, WFTV.com, July 28, 2008

ABC News Investigation Finds Dangerous Drains Across the Country, ABC News, July 23, 2008

Related Web Resources:
Disemboweled In Pool, Minn. Girl Dies, Local10.com, March 21, 2008

List of Florida Properties (PDF)

Continue reading "Dangerous Pool Drains in Florida Pose a Personal Injury Hazard" »

Posted by David J. Halberg, Esq. | Permalink | Email This Post

Posted In: Personal Injury , Wrongful Death

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