Florida Injury Attorney Blog

In Florida, the Archdiocese of Miami has settled a sexual abuse lawsuit involving a teenage girl. The monetary terms of the agreement are confidential, but, as part of the settlement, the archdiocese issued a public apology to the girl for its role in the “harm caused to her.” The archdiocese also said it would prevent future violations.

The Florida sexual abuse lawsuit, filed against the Miami Archdiocese last year, accuses the then-19-year-old Pinecrest youth minister Anthony B. Ricco of assaulting the girl on several occasions in 2006. Ricco eventually pleaded no contest to nine counts of lewd and lascivious battery on a child between ages 12 and 16, which included his assaults on the girl.

The girl has accused St. Louis Catholic Church Reverend James Fetscher and Senior Youth Minister Paul Herring of failing to protect her and other girls from Ricco, even though other families had filed complaints about his past exploits of sexual misconduct.

Ricco was sentenced to 2 years house arrest and 10 years probation. The girl says that Fetscher and Senior Youth Minister Paul Herring did not do anything to protect the kids from the abuse.

Churches, community groups, and other organizations are supposed to make sure that children or teens placed under their supervision are not put in a situation that could cause them personal injury. Over the past several years, the Catholic Church has come under fire over reports and a slew of sexual abuse lawsuits alleging that it turned a blind eye while knowing that clergy members were sexually abusing children.

Premises Liability
If the owner or manager of a premise or organization could have (or should have) acted to prevent a person from being sexually assaulted, the owner, supervisor, and/or organization can be held liable for personal injury under Florida’s premises liability law.

If you or your child was the victim of sexual abuse, there are legal remedies available to you under the law that could allow you to file a Florida child sexual abuse lawsuit against the perpetrator and any group or organization that could have prevented the abuse from happening.

Miami Archdiocese issues rare apology in sex-abuse case, Miami Herald, October 17, 2008

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

Related Web Resources:

Archdiocese of Miami

Florida Council Against Sexual Violence

The National Highway Transportation Safety Administration has issued its motorcycle traffic safety facts for 2007. Nationally, 5,154 motorcyclists died while 103,000 others survived motorcycle accidents with injuries. 530 of last year’s motorcycle deaths occurred in Florida.

More 2007 Motorcycle Accident Facts:

• There were 2,332 deadly two-vehicle collisions involving a motorcycle and another motor vehicle.
• In traffic accidents involving a motorcycle and another vehicle, 78% of the motorcycles were hit in the front.
• 5% of the motorcycles were hit from the back.
• Motorcyclists are more likely than other motorists to die in a collision with a nonmoving object.
• 36% of motorcyclists involved in deadly traffic crashes were speeding.
• Helmet use saved 1,784 motorcycle riders.
• Another 800 motorcyclists would have survived their traffic accidents if they had worn helmets.

Motorcyclists are prone to catastrophic injuries in traffic accidents. Recent Florida motorcycle accident victims include:

• 19-year-old Christopher Miller, who suffered serious injuries when the motorcycle he was a passenger on crashed into a guardrail in Pensacola on Monday. 19-year-old Troy Dean, who was driving the motorcycle, died from his injuries.

• On Saturday, motorcyclist Jonathan Farro was seriously injured after he was thrown from his motorcycle during a collision with a car.

Motorcyclists do not have anything but protect them from the impact of colliding with a fixed object or another vehicle. The state of Florida does not require adult motorcyclists to wear helmets.

If you or someone you love was seriously injured in a Florida motorcycle accident, the responsible party can be held liable in civil court.

Motorcycle Traffic Safety Fact Sheet (PDF)

1 dead after motorcycle crash; passenger critical, PNJ.com, October 14, 2008

Motorcycle driver in serious condition after crash, Gainesville.com, October 13, 2008

Related Web Resources:

Florida Department of Highway Safety and Motor Vehicles

NHTSA

Continue reading " NHTSA Says There Were 530 Florida Motorcycle Fatalities in 2007 " »

According to investigators, seven patients treated by West Palm Beach Dr. Sergio Rodriguez died of drug overdoses—some while using medication that the pediatrician had prescribed to them. Rodriguez has been charged with prescribing prescriptions to patients even though he did not fully examine them, trafficking oxycodone, and delivering Xanax, methadone, and Soma. The Florida pediatrician is currently behind bars. His bail is set at $2.7 million.

Patients whose deaths are under investigation include 25-year-old Tommy Nunn, whose autopsy showed that the same drugs Rodriguez prescribed him were in his system when he died, Robert Miller, and 27-year-old Port St. Lucie resident Robert Bowes Jr., who died from an overdose after he took Xanax, oxycodone, and methadone—all prescribed by Rodriguez.

The probe into Rodriguez’s medical practice began earlier this year after other businesses in the area complained that adults that appeared to be strung-out were frequenting the pediatrician’s practice, located at a strip mall on Dixie Highway.

An undercover officer that pretended to be a patient says that Rodriguez prescribed pain and anxiety medications to her on five different occasions without conducting a medical exam.

Rodriguez has told investigators that he was likely an addict and that he lacked the proper training to prescribe painkillers or help patients manage their pain. He also admitted that he knew that all of his patients who needed medication to manage their pain abused the drugs and that he let his patients tell him what (and how much) medication he had prescribed to them in the past. Rodriguez also says he prescribed over 1,000 methadone and oxycodone tablets to his girlfriend for his own use.

It is considered an act of medical malpractice for a doctor to incorrectly prescribe medication to a patient—whether too much or too little. Doctors are also supposed to conduct proper examinations of their patients before prescribing medication to them. When a doctor fails to exercise his or her duty of care and a patient dies as a result, family members may be able to file a Florida wrongful death lawsuit.

Seven of doctor's patients died of overdoses, detectives say, Palm Beach Post, September 26, 2008

West Palm Beach pediatrician faces new drug charges, Palm Beach Post, August 25, 2008

Related Web Resources:
Overdose deaths on the rise, CDC says, Los Angeles Times, January 26, 2008

Calls for doctor-prescription database raise privacy warnings, Palm Beach Post, August 2, 2008

Wrongful Death, Justia

Continue reading " Seven Patients of West Palm Beach Doctor Charged With Illegally Prescribing Pain Medicine Reportedly Died of Drug Overdoses " »

More than four years after Claudia Avila was struck in the head by a 34-pound metal plate that flew into the windshield of a car she was a passenger in, a Palm Beach County jury has awarded her family a $6.1 wrongful death judgment.

The 43-year-old Pompano mother was on her way to meet her daughter for lunch on February 17, 2004, when the deadly accident happened in Delray Beach on I-95. Avila, who suffered serious head injuries and went into a coma, died after being taken off life support several weeks later.

While the Florida Highway Patrol closed the case with no conclusive evidence as to the source of the metal plate, the Avila family continued to pursue the case. They eventually sued concrete block manufacturing company Tarmac America, trucking company EM Transfer, and scrap metal company IGM for her wrongful death.

While IGM and EM Transfer settled the case out of court, the family went to court against Tarmac America. Avila’s family accused the concrete block manufacturing company of failing to properly secure the metal plates so they could be transported safely. As a result of the Tarmac America’s negligence, the family says that the metal plate fell off the truck, which resulted in Avila’s subsequent wrongful death.

Out of the $6.1 million verdict, 28% of the liability was apportioned to Tarmac America. The damages included compensation for the plaintiff’s loss of parental support and pain and suffering. 72% of liability was allotted to EM Transfer, which leaves a $1.7 million judgment for Avila’s children.

If you or someone you love was seriously injured in a motor vehicle accident caused by another party’s negligence—even if the responsible party cannot initially be located—it is important that you explore your legal options for personal injury or wrongful death compensation.

Jury awards $1.7 million to family of woman killed by metal plate on I-95, Sun-Sentinel.com, September 19, 2008

$6 Million Verdict In 2004 Road Debris Death, Marketwatch.com, September 22, 2008

Related Web Resource:

Traumatic Brain Injury, Institute of Neurological Disorders and Stroke