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" »

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

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

Maureen Stevens has settled her $50M wrongful death case against the federal government. Stevens is the widow of Bob Stevens, who was one of five people that died in 2001 after inhaling anthrax while opening mail at American Media. Inc (the home of the National Inquirer) in Boca Raton. He was a tabloid photographer. The terms of the settlement are confidential.

Had the Florida wrongful death case gone to trial, it would have once more brought to the forefront the Federal Bureau of Investigation’s claims that Bruce Ivins, an U.S. Army Medical Research Institute of Infectious Diseases researcher, was the only one behind the attacks. The air mail assault came on the heels of the 9/11 plane crashes. The government said that Ivins, who had a history of mental illness, created and mailed the spores. He later committed suicide before he could be charged over the attacks.

In her wrongful death claim, Stevens blamed the government’s inadequate security for allowing Ivins, a “mentally unstable man,” access to the “deadliest substances.” She also claimed that the anthrax bacillus was not properly secured at a military lab.

Stevens contended that the government owed not just a duty but also the “highest degree of care” in supervising and checking who was allowed access to anthrax. She was dismayed that Ivins took part in investigating the “crime he committed.”

17 others became ill from the anthrax-tainted mail.

Suing the Federal Government
Every civil lawsuit is unique, which is why you should speak with an experienced Miami wrongful death lawyer about your options. Although it is generally challenging to sue the federal government for negligence committed by their employees, there are exceptions to this. For example, there is the Federal Tort Claims Act ("FTCA") , which lets plaintiffs bring forth certain kinds of complaints against federal employees that acted within the scope of their government jobs.

Deal reached in U.S. 2001 anthrax death suit: filing, Reuters, October 31, 2011

Lantana anthrax widow settles $50 million lawsuit against federal government, Sun-Sentinel, October 28, 2011

Anthrax Suspect’s Death Is Dark End for a Family Man, NY Times, August 2, 2011

Suing the Government for Negligence: The Federal Tort Claims Act, NOLO

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

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

The family of Kellee J. Lee-Howard is suing her doctor for her Broward County wrongful death. Lee-Howard died on February 14, 2010, one day after undergoing liposuction.

Her surgeon, Dr. Alberto Sant Antonio was not certified to perform this procedure. According to Howard’s loved ones, he improperly administered the anesthesia to her, which resulted in her death.

Sant Antonio not only lacks the board-certification to perform plastic surgery, but also, per the plaintiffs, he lacks the qualifications to administer anesthesia, did not have someone that was present during the procedure, and was ill prepared to deal with the side effects that anesthesia can cause. According to USA Today, an expert witness for Lee- Howard’s family's Broward County plastic surgery malpractice case said that the amount of Lidocaine in her body demonstrated a “basic misunderstanding” of patient safety and pharmacology.

Lee-Howard is not the first patient to die following plastic surgery while under Sant Antonio’s care. Another woman, Maria Shortall, went into cardiac arrest during liposuction. According to a complaint filed with the state, the surgeon failed to properly monitor Shortall’s vitals, did not have the necessary equipment to revive her, failed to provide her with appropriate emergency care, and did not diagnose that her heart had failed quickly enough. Shortall’s family is also suing for Florida wrongful death.

Unfortunately, in Florida, more doctors are performing cosmetic surgery even though they lack the proper training. Some even start performing plastic surgery after spending just a couple of days watching other doctors. For example, per USA Today, there are now dentists inserting best implants and gynecologists doing tummy tucks. The consequences can be catastrophic, such as for Rohie Kah-Orukotan, who died after liposuction in Weston. Lidocaine toxicity was cited as her cause of death.

The doctor who performed the surgery on Kah-Orukotan had a background in occupational health. Her family is suing for Weston medical malpractice and wrongful death.

Plastic surgery, even when done for cosmetic purposes, is still surgery. This often requires a surgeon to go cut into the body. It is important that the surgeon that perform your procedure is qualified to do a proper job. Otherwise, medical mistakes may occur that can cause serious health complications.

Lack of training can be deadly in cosmetic surgery, USA Today, September 15, 2011

Mother Dies Post-Op at Weston Plastic Surgery Clinic, Lawsuit Claims, BrowardPalmBeach.com, July 12, 2011

Fat tissue from plastic surgery killed Davie woman, autopsy shows, Sun-Sentinel, September 16, 2011

Lipo Doctor Tried to Save Patient: Attorney, NBC, September 30, 2009

More Blog Posts:
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

Boynton Beach Plastic Surgeon Pleads Guilty to Practicing Without A License in Florida, South Florida Injury Lawyer Blog, August 29, 2008

Continue reading "Broward County Plastic Surgery Malpractice Lawsuit Filed in Liposuction Patient’s Alleged Florida Wrongful Death from Anesthesia Complications" »

The family of Eyder Ayala is suing University of Miami college student Ivanna Villanueva for Miami-Dade wrongful death. Ayala, 68 was killed on Sunday when the vehicle she was riding was rear-ended by the vehicle driven by Villanueva, 19.

Police say they believe that the University of Miami college student may have beeb under the influence of alcohol at the time. They say that she appears to have been driving at a high speed. According to CBSLocal.com, the impact of the crash was so severe that the trunk Ayala’s vehicle ended up in the front seat. She died at the Coral Gables car accident site.

Toxicology results are still pending, so it is not known at this time whether Villanueva will be charged with DUI. She is, however, charged with reckless driving and vehicular homicide. Meantime, Villanueva is out on bond and is under house arrest.

In their Miami-Dade car accident complaint, the plaintiffs are accusing Villanueva of negligence, "extreme recklessness” and “wanton disregard” for another’s life. Villanueva’s father Luis Villanueva, is also a defendant. Ayala’s family is holding him liable for his daughter’s actions. The plaintiffs are suing them for millions of dollars.

Villanueva is accused of using fake identification to get into Club Liv at the Fountainebleau Hotel. The plaintiffs’ attorney says any establishments that illegally served Villanueva alcohol could also end up as defendants in this Coral Gables wrongful death lawsuit. Under Florida’s Dram Shop Act, bars and other establishments that serve or provide alcohol to people under the age of 21 that become drunk can be held liable for any Miami-Dade personal injuries or wrongful deaths that occur as a result.

Miami-Dade Car Accidents
As with any Coral Gables car crash where another party caused your injuries, it is always a good idea to consult with an experienced Miami-Dade personal injury law firm. There may be more than one party who should be held liable. Your injuries also may be more severe than you originally thought, and a good Coral Gables injury lawyer can help you assess all of this. If you’ve lost someone you love in a Miami car crash, suing for damages won’t make up for that, but it can help for you to be able to hold those responsible for the Miami-Dade wrongful death accountable.

Lawsuit Filed Against UM Student, Father For Fatal Accident, CBS Local, October 5, 2011

Family of loved one killed in crash files lawsuit, WSVN, October 5, 2011

Related Web Resources:
MADD- Drunk Driving

Florida Dram Shop Act, Justia

More Blog Posts:
Decline in Florida Motor Vehicle Crashes Reported, South Florida Injury Lawyer Blog, September 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 20, 2011