Florida Injury Attorney Blog

Although it's only halfway through the summer, the U.S. Consumer Product Safety Commission says that it has received reports of over 210 child drownings and non-fatal submersions in spas and pools since Memorial Day weekend. The fact that so many kids have gotten hurt from drowning incidents alone in such a short period of time is disturbing. Other child drowning statistics:

• Between 2007 and 2009, there were 4,200 pool or spa incidents involving kids under age 15 who were treated for submersions.
• 47% of the estimated injuries involved kids between the ages of 1 and 3.
• For every drowning, about 11 near drownings occur.
• Near drownings often result in serious brain damage.
• Drowning accidents are a leading cause of Florida child fatalities for kids under age 5.

In sunny Florida, swimming is a favorite pastime, both at private and in residential complexes, hotels, and resorts, as well as in the ocean. Pool and spa owners must exercise the necessary safety precautions to prevent both kids and adults from drowning.

Just last Thursday, two 2-year-old boys nearly drowned in a Buenaventura Lakes pool at a private residence. The near drowning accident happened while the woman who had been watching the toddlers stepped away for about five minutes. She is the mother of one of the boys. Following the Florida swimming pool accident, the toddlers were in critical condition.

Property owners can be held liable for Naples, Florida personal injury or Miami wrongful death if negligence contributed to allowing the drowning accident to happen.

Some common reasons why pool drowning accidents happen to children:

• Inadequate supervision
• No locks or gates around the pool to keep kids out when no one is around to watch them
• No lifeguard
• Lack of rescue equipment, such reaching poles or life preservers
• Failure to install the now legally required anti-entrapment drain cover

Toddlers in critical condition after near-drowning in Osceola, Orlando Sentinel, July 22, 2010

ool Safety: Incidents show need to exercise caution; hazard: three drownings, five near-drownings emphasize danger, Fire Engineering, July 20, 2010

Related Web Resources:
CPSC Announces Pool and Spa Kids Safety Education Effort, CPSC, July 23, 2010

Water-Related Injuries: Fact Sheet, Centers for Disease Control and Prevention

Continue reading "Drowning is the Leading Cause of Florida Child Deaths for Kids Under 5" »

A Florida Atlantic University student who sustained burn injuries on more than 50% of his body after he was involved in a Lake Worth car accident last May died today at Jackson Memorial Hospital in Miami. Frantzdy Cherisma was 26.

The college student’s car burst into flames on Interstate 95 on May 18 after his 1997 Nissan sedan was struck by another vehicle while it was stopped in the center lane. According to investigators, Cherisma’s vehicle became disabled when after it ran over the rear bumper of a tractor-trailer that had fallen onto the road. The driver of the vehicle that struck Cherisma’s auto, 39-year-old West Palm Beach resident Kevin C. Dillard, has said that there was another car blocking his view and that this prevented him from seeing Cherisma’s auto until it was too late. Investigators have since found that Dillard was not driving improperly.

Cherisma, who fell unconscious after the Palm Beach County car accident, was reported missing by his family. They eventually found him at the Miami hospital where he was listed under his father’s name.

Road Debris
Road debris can cause serious Miami car accidents, which is why it is so important that the parties responsible for the fallen debris clean it up before anyone can get hurt. Cargo from vehicles, auto parts that have come off a truck or another motor vehicle, garbage from waste haulers, and materials left on the road after a highway construction can lead to flat tires, smashed windshields, and cars colliding with one another in an attempt to avoid the debris, regain control of their vehicle, or avoid striking the other autos on the road.

AAA Exchange says that more than 25,000 North American car accidents a year are a result of vehicles colliding with road debris. 80 to 90 people are killed as a result.

FAU accounting student dies two months after fiery Lake Worth crash, Palm Beach Post, July 20, 2010

Missing FAU student found unconscious at Miami hospital, Sun-Sentinel, May 27, 2010

Road Debris, AAA Exchange

Related Web Resources:
Florida Department of Transportation

The International Society for Burn Injuries

Continue reading "College Student Who Sustained Severe Burn Injuries from Palm Beach County Car Accident Has Died " »

According to a report issued by the Florida Department of Transportation and the Florida Department of Highway Safety and Motor Vehicles, in 2009, the number of Palm Beach County traffic deaths went down 30% from 2008, while the number of Broward County traffic fatalities dropped 20%.

More 2009 Traffic Statistics from the Report:

• 151 Palm Beach County traffic fatalities
• 189 Broward County traffic deaths
• 2,563 Florida traffic deaths in 2009 (down from the 2,983 traffic fatalities from the year before)
• Traffic deaths in Broward County have been dropping since 2005
• 153 Florida teen driver-related deaths (193 fatalities in 2008)

Our Miami car accident lawyers are always happy to hear about any decline in traffic crashes, injuries, and deaths. That said, if you or someone you love was injured in a Broward County car crash or a Palm Beach County motor vehicle collision, it is important that you explore your legal options right away.

Also, there is more good news in terms of declining South Florida traffic deaths. Two years after the state launched a safety campaign to decrease the number of Florida motorcycle fatalities, these efforts are continuing to pay off. In 2009:

• Florida motorcycle deaths dropped 24%
• Broward County motorcycle fatalities involving passengers and drivers saw a 38% drop
• Palm Beach County motorcycle deaths declined by 47%
• There are 30,990 registered Palm Beach County motorcyclists
• There are 44,349 registered Broward, County Florida motorcyclists

Traffic injuries can be life-altering for the victim and his/her family. While Florida’s Personal Injury Protection provides some coverage, it may not take care of expenses that can be incurred from living with a permanent traumatic brain injury, a spinal cord injury, or another type of catastrophic injury, as well as cover any loss of income and/or benefits that a person would have earned if only he/she would have been able to keep working. We know that no amount of money financial recovery can make up for losing your loved one but it can provide some relief for damages, injuries, losses, and expenses.

raffic fatalities in Palm Beach, Broward counties drop, Sun-Sentinel, July 15, 2010

South Florida motorcycle deaths down after more than a decade of increases, Sun-Sentinel, July 14, 2010

Traffic Crash Statistics Report 2009, Florida Highway Safety and Motor Vehicles (PDF)

Related Web Resources:
Florida Department of Transportation

Florida Highway Safety and Motor Vehicles

A jury is ordering State Farm to pay Cynthia Deen $2 million for her Florida truck crash injuries. State Farm is her insurer.

Deen sustained debilitating and painful injuries, including several herniated discs in her neck, when an air conditioning truck struck her car at the intersection of U.S. 17 and Fleming Island Parkway in 2007. Deen, who was slowing down at a traffic signal, says the truck driver never slowed down his vehicle. Apparently, per court testimony, the trucker fell asleep at the wheel, which resulted in the rear-end crash with Deen’s vehicle. His company, who was insured with AIG, was able to cover $500,000 of Deen’s medical costs.

Deen’s lawyers asked State Farm to pay her $300,000, her policy limit for uninsured motorist coverage. The insurance company refused, offering instead to pay her $225,000. The case then went to court.

During the trial, State Farm argued that Deen’s ruptured discs were a pre-existing condition that were a result of spine degeneration and that she had exaggerated her claims of pain.

Deen says that since the Florida truck accident her ability to work for The Caption Co., her court reporting business, has been severely limited as she can no longer sit and type for long periods. The $2M judgment will be offset by the amount that AIG is paying Deen.

Herniated Discs
Discs around the vertebrae are supposed to act as shock absorbers. When there is damage to the disc, pain, weakness, and numbness can result. A herniated disc can be extremely debilitating and can severely limit one’s movement.

Miami Car Accidents
Under Florida law, uninsured motorist coverage must also cover underinsured motorists. Also, the state’s Personal Injury Protection law covers a victim’s damages up to his/her policy limits regardless of who caused the Miami car accident. This, however, does not necessarily preclude a victim from being able to file a Miami, Florida personal injury lawsuit.

Jacksonville jury awards woman nearly $2 million in insurance case, Cynthia Deen, June 19, 2010

Herniated Disc - Topic Overview, WebMD

Related Web Resources:
What is "Personal Injury Protection" (PIP) insurance?, Florida Highway Safety and Motor Vehicles

Drowsy Driving

Gary Uretsky, a Fort Lauderdale resident, is suing home-care provider Almost Family for Broward County wrongful death. Uretsky’s 89-year-old mother died while under the care of home-care nurse Dina Taylor. The plaintiff is alleging gross nursing negligence, elder financial fraud, homicide, multiple thefts, inadequate supervision, and negligent hiring.

According to Uretsky, between November 2006 and into the summer of 2008 Taylor stole over $215,000 from his sick mother’s savings. He contends contends that after his mother discovered the Florida elder financial fraud, Taylor disconnected the elderly woman’s oxygen tank and left the patient to die of asphyxiation. The nurse has since disappeared.

In his Broward County elder abuse complaint, Uretsky claims that he attempted to see his mother on the day that she passed away but that Taylor wouldn’t let him. He claims that Taylor was covering up the fact that she had murdered his mother.

Uretsky says that after his mother’s death he found 37 forged checks and a number of bogus withdrawals that had emptied out her savings account. $50,000 in gems and jewelry has also allegedly disappeared. Uretsky says that some $18,000 was charged to his mother’s credit cards. Uretsky says that his mother did not feel comfortable with Taylor but that his requests to the home-care company that she be replaced with another nurse were ignored.

Nursing homes and home-care providers can find themselves the defendants of a South Florida wrongful death lawsuit if negligent nursing care, inadequate supervision, medical mistakes, nursing abuse, nursing neglect, or other negligent acts by employees causes a patient to die.

Home Care Firm Accused of Theft and Worse, Courthouse News, June 25, 2010

Related Web Resources:
Wrongful Death Claims, Nolo

Elder Financial Abuse, NCPEA

Elder Abuse and Neglect, HelpGuide.org

13 years after Dr. Marc J. Philippon performed hip arthroscopy on Katie Shreffler, then 17, the orthopedic surgeon and Holy Cross Hospital of Fort Lauderdale have lost their final appeal and must now pay the $2.15 Broward County medical malpractice verdict that a jury had awarded to the former ballerina.

Schreffler, who continued to experience pain and limited mobility after undergoing surgery performed by Philippon to repair a labral tear, sued Holy Cross Hospital and the orthopedic surgeon for Ft. Lauderdale medical malpractice in 1999. Another surgeon who had performed a debridement on her a year after she was operated on Philippon told her that there were gouges in her cartilage that appear to have been caused by a sharp instrument.

At the 2007 South Florida civil trial, surgical technician Julie Snogles testified that Shreffler was only Philippon’s second or third patient that he had performed hip arthroscopy on. Snogles also says that not only did the orthopedic surgeon tell her that the procedure a new one, but also that this was a new surgery for him.

Snogles a claims that halfway through the procedure on Shreffler, Philippon created a third portal, which he told her was an opening he needed to take out foreign object. However, even though the implication was that Philippon may have broken a shaver inside the teenager (and damaged cartilage while retrieving the broken parts), Snogles also testified that she never saw any foreign object being retrieved taken out of the patient.

10 years after the surgery performed on her by Philippon, Scheffler, who had studied ballet for 15 years, was still in pain, walking with a crutch, and needing more surgery to correct the damage from the original procedure. She was awarded the $2.15 million Broward County medical malpractice verdict that year.

Examples of Surgical Errors that Cause Serious Patient Injuries:
• Wrong site surgery
• Anesthesia errors
• Incision mistakes
• Leaving foreign objects, such as medical instruments and sponges, in the patient
• Using instruments that were not properly sterilized
• Delayed surgery
• Causing organ, tissue, or nerve damage because of surgical mistakes
• Substandard care after the operation
• Prolonged surgery

Surprise Testimony From Surgical Tech Leads to $2.15M Malpractice Award, Outpatient Surgery, June 10, 2010

Read the Appeal (PDF)

Related Web Resources:
Holy Cross Hospital of Fort Lauderdale

Hip Arthroscopy

The family of Bree Kelly is suing Collier middle school teacher Andrea Kidder and her husband Matthew Kidder for Florida wrongful death. Kidder is the driver that struck the sport utility truck that Kelly, a 22-year-old Naples resident, was a passenger in on November 13, 2009.

n their Collier County motor vehicle crash lawsuit, Kelly’s parents March and John, and her sister Ashlee Rose are accusing Andrea of speeding, driving drunk, and of driving her vehicle into the truck that Andrea was riding.

Blood tests to determine Kidder’s blood-alcohol content are still pending and a police report notes that excessive speed and careless driving appear to have been involved. To date, however, no citations or criminal charges have been filed against Andrea over the deadly Florida auto crash.

According to the Florida Highway Patrol, Andrea was driving her 2005 Infiniti G35 sport sedan behind a 2001 Ford Explorer Sport Trac pickup truck operated by Nicholas P. Mason, age 19, on I-75 at a speed above the 70 mph speed limit. She allegedly failed to respond quickly enough as Mason’s truck started to slow down.

Instead, Andrea rear-ended the truck, which caused it to spin out of control until it overturned several times on the grassy shoulder. Kelly, who was riding in the front seat of the truck and did not have her seat belt on, was thrown from the truck.

Kelly’s family is seeking wrongful death recovery damages for funeral costs, medical and emergency costs, funeral-related bills, lost future income, and other damages.

According to a 2008 article in Science Daily, about 31% of US car crashes are rear-end collisions. This type of auto accident can result in serious injuries for everyone involved, including soft tissue injuries, neck injuries, back injuries, spinal cord injuries, head injuries, brain injuries, whiplash, facial injuries, knee and ankle injuries, carpal tunnel injuries, and in some cases, death.

Fatal I-75 crash in 2009 spawns lawsuit against Collier teacher, Naples Daily News, June 13, 2010

Human Factors Psychologists Study How To Avoid Rear-end Collisions, Science Daily, May 1, 2008

Related Web Resources:
Florida Department of Highway Safety and Motor Vehicles

Insurance Institute for Highway Safety

The parents of Michael Sclawy-Adelman are suing the Boy Scouts of America for his Miami-Dade County wrongful death. The 17-year-old collapsed and died of heatstroke in May 2009.

Sclawy-Adelman was taking part in a 20-mile hike in 100 degree temperatures through the Big Cypress National Park of the Florida Everglades when he started to display signs of heat exhaustion. He then collapsed.

Judith Sclawy-Adelman and Howard Adelman are accusing the Boy Scouts and its scoutmasters of negligence. They claim that the Boy Scout leaders waited for over 90 minutes at the 15th mile before contacting 911. They say GMS data and investigative reports support this claim and that by that time, the teen was “dizzy, disoriented, and delirious. ” They also contend that their son began to show signs of heat exhaustion as early as mile 10 but that the hikers kept going.

Howard and Judith are also suing BSA's South Florida Council, Plantation United Methodist Church, and scoutmasters Andrew L. Schmidt and Howard K. Crompton, who set up, planned, and led the three boys on the hike.

Inadequate Supervision of Minors
Parties in charge of supervising minors can be held liable for Miami wrongful death if negligence, such as inadequate supervision, failure to respond properly during an emergency situation, failure to remove or repair a hazard on a premise, or some other kind of negligent act contributed to causing the victim's death. The negligence does not have to be intentional, and there may be more than one liable party.

Parents sue Boy Scouts over teen's death, Miami Herald, June 9, 2010

Parents of teen who died on hike sue Boy Scouts, Sun-Sentinel, June 9, 2010

Related Web Resources:
Heat Stroke, MedicineNet

Boy Scouts of America National Council

A judge says that the Florida wrongful death lawsuit against polo club founder John Goodman can move forward. Goodman, 46, is being sued by the parents of Scott Patrick Wilson, who died in a Palm Beach car crash on February 12.

According to investigators, Goodman, who was riding his Bentley convertible, ran a red stop sign before hitting Wilson’s vehicle. The impact of the car crash caused Wilson’s auto to flip over into a canal where he drowned. The polo magnate drove away from the Palm Beach County car accident site and waited nearly an hour before calling the police. According to test results, Goodman’s BAC was 0.117% even three hours after the fatal accident.

Wilson’s parents Lilli and William Wilson are accusing Goodman of not just getting behind the steering wheel of his Bentley while drunk, but also of using “controlled substances” either earlier that day or the day before. They also contend that Goodman did not make any attempt to rescue their son who he knew was seriously injured and likely drowning.

Goodman, who pleaded not guilty to the charges of vehicular homicide, DUI manslaughter, and failing to render aid in the car crash death, has entered a written plea of not guilty. He is demanding a jury trial.

He had sought to have the Palm Beach wrongful death lawsuit halted until he resolves the criminal charges against him. His defense attorney had argued that since Goodman would likely to have to exercise his Fifth amendment right against self-recrimination to prevent any responses he gave for the civil case from being used against him during a criminal trial, it was more logical to place the family’s lawsuit on hold.

The Wilsons are also suing the International Polo Club Palm Beach, which Goodman owns, and The Players Club, the establishment where he was drinking before the Palm Beach car crash happened. The bar’s employees are accused of continuing to serve Goodman alcohol that night even though he was “obviously drunk” and known for being an alcoholic.

Judge: Wrongful death suit against polo magnate Goodman can proceed despite pending criminal case, The Palm Beach Post, May 28, 2010

Polo Mogul's Tactic in Crash Case: Delay, Delay, Delay, New Times, May 28, 2010

Related Web Resources:

Wellington polo boss John Goodman involved in deadly crash; booze could have been factor, Page2Live.com, February 12, 2010

Drinking and Driving, 2Potsdam.edu

Ex-MLB player Jim Leyritz, and the family of Plantation resident Fredia Veitch have reached an agreement settling their Fort Lauderdale wrongful death lawsuit against him. The 30-year-old Veitch was killed on December 28, 2007 when her vehicle was struck by Leyritz’s SUV, which ran a red light at around 3am. The impact of the Fort Lauderdale car crash threw Veitch from the driver’s seat and caused her to sustain fatal injuries.

Police say that Leyritz was drunk when they apprehended him. Not only did he fail to pass a number of sobriety tests, but also he would refused to voluntarily undergo Breathalyzer and blood tests. He is charged with DUI manslaughter. His trial is scheduled for July.

Under the terms of their Fort Lauderdale wrongful death settlement, Leyritz’s insurer will pay Veitch’s husband and two young children, Kayla and Julian, $250,000. Leyritz will personally pay the family $1,000 each month for the next 100 months.

Leyritz is charged with manslaughter over Veitch’s death and he is awaiting his criminal trial.

Drunk Driving
Each year, thousands of people are killed in US drunk driving crashes. Alcohol numbs the brain, slows reflexes, impairs the senses, delays reaction time, and suspends a person’s judgment. All of these effects make a recipe for a motor vehicle crash disaster. While filing a Broward County car accident lawsuit won’t bring your loved one back or make your injuries disappear, you may be able to hold a drunk driver liable and obtain compensation that can help cover your medical and recovery costs.

As a motorist on the road, you may not be able to stop other drivers from driving drunk. However, here are a some signs that can serve to warn you that a driver may be drunk:

• Weaving while driving
• Driving much slower or faster than the speed limit
• Headlights are off
• Making excessively wide turns
• Driving over the lane marker
• Wrong-way driving
• Sudden stops even while traffic is still moving

Retired ballplayer Leyritz settles wrongful death suit from crash, Sun-Sentinel, May 24, 2010

Family of woman who died in Jim Leyritz car crash tries to cope with loss, NY Daily News, December 30, 2007

Related Web Resources:
Impaired Driving, CDC

Florida DUI and Administrative Suspension Laws, FLorida Highway Safety and Motor Vehicles, Florida Department of Highway Safety and Motor Vehicles

A Florida jury has awarded Kathleen Ramey a $36 million West Palm Beach medical malpractice verdict against former pain management physician Andrew Weiss. Ramey sought treatment from Weiss in September 2000 after she was injured in a car accident.

To treat the plaintiff, Weiss penetrated her spinal cord with an epidural and injected an anesthetic and a steroid. Unfortunately, he botched her treatment and Ramey’s spinal cord sustained tissue damage and she became partially paralyzed. She also lost the use of her right hand.

Ramey’s Florida medical malpractice attorney says that the 52-year-old woman was left with a degenerative condition, which continues to grow worse, and that she only leaves the house when visiting the doctor.

Weiss is in prison after pleading guilty to four counts of illegally distributing oxycodone.

Reasons why a patient might decide to sue a doctor providing pain management for Florida medical malpractice:

• Botched medical procedures
• Wrong diagnosis
• Failure to properly monitor patients for signs of addiction
• Failure to abide by rules for prescription refills
• Medication errors
• Failure to check for drug allergies
• Failure to find out if the patient is taking other medications
• Failure to find out about preexisting medical conditions
• Failure to monitor patient’s vitals

Doctors, dentists, anesthesiologists, nurses, surgeons, obstetricians, gynecologists, dermatologists, podiatrists, optometrists, orthodontists, and other medical professionals are supposed to provide you with the proper medical care, not make your condition or injury worse or cause you to sustain a more serious health complications as a result of poor medical care. You may have grounds for filing a Miami medical malpractice complaint.

Woman awarded $36 million malpractice verdict, Miami Herald, May 9, 2010

Deerfield woman awarded $36 million malpractice verdict, Sun-Sentinel, May 7, 2010

Related Web Resources:
Medical Malpractice, Nolo

Pain Management, MedicineNet.com

The parents of 9-year-old Chrishna Edwards have been left devastated in the wake of her death from injuries she sustained during a Hollywood, Florida pedestrian accident. Edwards was crossing the street at around 5:45pm on Tuesday to greet a friend when a Toyota Corolla driven by Daniel Pagan hit her.

The 20-year-old motorist, who is cooperating with investigators, only has a learner’s permit. Another driver, Saleemah Wilson, says she had just stepped on the brakes of her vehicle to avoid striking Edwards when Pagan sped up to go around her auto and struck the girl. Wilson says that she was driving at a speed of about 25 mph and that Pagan appeared to be driving at about 45 – 50 mph.

The Hollywood, Florida car accident occurred in a residential area close to a school. Witnesses say that Edwards' father ran to her and was screaming and crying. They say they've been traumatized because they saw the Broward County traffic accident.

Child Pedestrian Accidents
With their youth, lack of experience, unfamiliarity with driving laws, inability to accurately gauge distances, speeds, and look out for their own well-being, and their ability to become easily distracted, children are at high risk of sustaining catastrophic injuries during a Florida pedestrian accident—especially when they are unaccompanied by an adult. Because of this, drivers cannot afford to be careless, reckless, or distracted when driving on a road where there are kids around. Motorists should:

• Not try to overtake a vehicle that is stopped or slowed at an intersection for pedestrian.

• Drive at the appropriate speed limit—especially in residential areas or near schools.

• Refrain from talking on the cell phone or texting.

• Pay attention to who and what is around the vehicle so as to avoid striking anyone or anything.

• While backing out of a driveway. make sure that there aren’t any children that have run behind the vehicle.

• Obey traffic signs and traffic laws.

• Even if your light has already turned green, If your pedestrian is already crossing the street let them pass.

• When driving near school buses, slow down in case a school kid darts out from behind the bus and into your lane.

Girl Dies After Being Struck On Hollywood Street, CBS4, May 5, 2010

Hollywood girl, 9, dies after being struck by car, Sun-Sentinel, May 5, 2010

Related Web Resources:
National Strategies for Advancing Child Pedestrian Safety, CDC

Fla. deadliest state for walkers, cyclists, USA Today, March 1, 2010

Continue reading "Hollywood, Florida Pedestrian Accident Claims Life of 9-Year-Old Girl" »