Florida Injury Attorney Blog

Shaunie O’Neal, the wife of former Orlando Magic and Miami Heat basketball star Shaquille O’Neal, was transported to Dr. P. Phillips Hospital after she was involved in a Florida rear-end crash. Shaunie, Ricardo Santos, the driver of the car she was riding in, and 20-year-old Ashley Johnson all sustained minor injuries. The driver that caused the Florida car accident, 18-year-old David Wasserman, received a ticket for careless driving.

While O’Neal, 34, does not appear to be seriously injured, there are many other Florida car accident victims who have not been as fortunate. According to the National Highway Traffic Safety Administration, for 2008 there were:

• 2,878 Florida traffic deaths—a definite decline from the 3,213 traffic fatalities in 2007. This is the first time since 2000 that less than 3,000 people died on Florida roadways during the year.
• 1,727 passenger vehicle occupant deaths
• 875 Florida drunk driver deaths
• 553 speed-related Florida traffic deaths
• 556 Florida motorcycle fatalities
• 490 Florida pedestrian deaths

The Florida Department of Highway Safety and Motor Vehicles Executive Director Theodorides-Bustle noted that this is the third year in a row that the number of traffic deaths in the state has gone down. She cited increased vehicle safety, not as many vehicles on the road, the economy, and the implementation of more aggressive safety measures as some of the causes for the decline.

Yet, there are still many catastrophic Florida traffic accidents occurring in Ft. Lauderdale, Miami, Palm Beach, and other cities throughout the state that could have been avoided if it weren’t for negligent, inexperienced, or distracted drivers, poor road conditions, and defective autos.

Just last night, six people got hurt in a Miami-Dade County SUV rollover accident. Three of the victims, a 10-year-old girl and two adults, sustained injuries critical enough that they had to be airlifted to a hospital.

On July 11, a man died in a Royal Palm Beach car crash when a hit-and-run driver that ran a red light struck his van. The man accused of causing the fatal South Florida car crash, Tracy Klinedinst, was later apprehended.

Shaquille O'Neal's wife in Orlando car crash, Sun-Sentinel, July 22, 2009

Shaq's Wife Banged Up in Car Accident, TMZ, July 22, 2009

Six hurt in Homestead rollover crash, Sun-Sentinel.com, July 22, 2009

Man Arrested In Fatal Royal Palm Beach Collision, WPBF.com, July 13, 2009

Traffic Crashes Decrease In 2008, News4Jax.com, July 6, 2009

Related Web Resources:
State Traffic Safety Information for 2008, NHTSA

Florida Department of Highway Safety and Motor Vehicles

Continue reading " Shaquille O’Neal’s Wife Injured in Florida Rear-End Accident " »

According to the US Justice Department, Medical device maker Endoscopic Technologies Inc. will pay $1.4 million to settle Medicare Fraud claims involving surgical ablation devices. US officials say the manufacturer gave kickbacks to health care providers and engaged in conversations with them about inflating Medicare payments for certain procedures. Endoscopic Technologies, also known as Estech, is also accused of encouraging the use of the ablation devices in situations when less-invasive procedures would have sufficed.

The case is a Qui Tam lawsuit, which allows the private citizen that filed the complaint on behalf of the US government to receive part of the settlement. The citizen that filed this whistleblower complaint will receive $210,000.

The False Claims Act stipulates that any contractor that knowingly makes a false claim for payment to the US government is committing fraud. With Qui Tam litigation, citizen whistleblowers can file lawsuits to combat government fraud.

Per the False Claims Act, a whistleblower lawsuit can be brought if a party:
• Purposely submitted a bogus or false payment claim.
• Knew that a false statement or record was issued for the purposes of obtaining payment or approval of the claim by the government.
• Purposely made a bogus record or issued a false statement to cover up or decrease the responsibility owed to give property to or pay the US government.
• Conspired to defraud the federal government by trying to get a bogus payment approved or paid.

Effective May 28, 2009, the Fraud Enforcement and Recovery Act of 2009 is here to enhance the Federal False Claims Act. This new act gives whistleblowers additional protections while fixing issues that exist with the False Claims Act.

Among the provisions of the new law:
• Provides whistleblower protection to sub-contractors, contractors, and agents when they report fraud.
• Eliminates the “specific intent” requirement. A plaintiff can sue if the subcontractor knowingly used a false statement and was paid.
• Lets whistleblowers expose fraud when Government funds are at risk.

Whistleblowers initiate over 80% of False Claims Act. Because the whistleblowers are compensated for their efforts and the Government must be made whole, the False Claims Act calls for three times the damages.

Medical-Device Maker Agrees To Settle Medicare Fraud Claim, Wall Street Journal, July 14, 2009

A Ray of Light: Obama Changes FCA To Protect Whistleblowers, OpEd News, July 2, 2009

Related Web Resources:
Taxpayers Against Fraud Education Fund

Fraud Enforcement and Recovery Act of 2009, Open Congress

Continue reading " Endoscopic Technologies Settles Qui Tam Medicare Fraud Case for $1.4 Million " »

The Italian family of a 4-year-old boy and his 62-year-old grandmother that died in a flash fire in a hyperbaric oxygen chamber are suing the company that runs the facility where the tragic accident occurred for the two victims' Florida wrongful deaths.

The boy, Francesco Martinisi, had cerebral palsy. His family brought him to South Florida so he could undergo treatments at the Ocean Hyperbaric Oxygen Neurologic Center, which is located in Lauderdale-by-the-Sea.

Francesco and his grandmother, Vincenza Pesce, were in the chamber when the flash fire happened. Pesce, who was holding the boy so he would feel safe, died from her injuries a day after the tragic accident. Francesco, who suffered serious burn injuries on more than 90% of his body, died 44 days later at Jackson Memorial Hospital in Miami.

Hyperbaric oxygen chambers are used to treat a number of medical conditions.
According to investigators, a tube attached to the chamber became dislodged, which caused the flash fire and blast. The medical procedure is not allowed in Italy because of the fire risk. Franceso’s family worked hard to raise $100,000 so he could travel to South Florida to undergo treatment.

The family’s Florida wrongful death lawsuits accused the center of negligence. They cited the failure of staff members to exercise the necessary precautions to prevent the fire and blast from happening. They also claim that workers failed to warn patients of the possible explosion and fire risks. The plaintiffs filed their Ft. Lauderdale wrongful death complaints in Broward Circuit Court. They contend that the deaths of the boy and his grandmother could have been prevented.

If your loved one died in an accident, there may be multiple grounds for filing a Florida wrongful death case. Medical malpractice, premises liability, and products liability are just some of the reasons a plaintiff might have for suing a negligent party for damages.

Italian boy, 4, in Fla. for therapy, dies from hyperbaric blast, TC Palm, June 12, 2009

Child Hurt In Chamber Explosion Dies In Hospital, CBS 4, June 11, 2009

Related Web Resources:
Premises Liability Overview, Justia

Products Liability Overview, Justia

For 48-hours, police in Florida are taking part in an aggressive campaign to promote seat belt use. Until Thursday night, over 300 police officers from Miami-Dade County, Broward County, and Palm Beach County will look to apprehend any driver for not wearing a seat belt and consider this a primary offense. No other infractions are required in order for the driver to get written up.

Palm Beach County’s seat belt violation fine is $101, Miami Dade County’s fine is $114, and Broward County’s fine is $115. The state and counties also impose additional fees.

The 2-day seat belt campaign, called "Staying Alive on 95 & Florida Roadways,” kicked off on Tuesday when the Dori Slosberg and Katie Marchetti Safety Belt Law went into effect. The law, named after two teens that were not wearing seat belts when they were killed in Florida car crashes, lets police pull motorists over just because they aren’t wearing seat belts.

The Florida Highway Patrol says the new law is expected to prevent 6,200 serious auto accident injuries and save 262 lives. The National Highway Traffic Safety Administration reports that Florida motorists had a 79% safety belt compliance rating for 2007.

Nationally, in 2008, the NHTSA reported seat belt use at 83%—an increase from 2007 when 82% of US motorists wore seat belts. In May, the US Department of Transportation reported that if seat belt use in every US state was at 90%, 22,372 serious injuries and 1,652 deaths could be prevented every year.

Florida Car Accident Lawsuits
Regardless of whether or not you were using a seat belt, you could be entitled to receive Florida car accident compensation if your injuries occurred because another motorist or another party was negligent. If you were injured in a motor vehicle crash in Miami-Dade County, Broward County, or Palm Beach County because the seat belt you were using was defective or malfunctioned, you may be able to file a Florida products liability claim against the vehicle maker or the seat belt manufacturer.

Examples of sea belt defects that may be grounds for a defective seat belt lawsuit:

• Inertial unlatching
• Defective webbing
• Too much seat belt slack
• Seat belt retractor defects
• Seat belt failure
• Poor seat belt design or placement
• Seat belt system failure

Law enforcement plans 48-hour seat belt blitz, Sun-Sentinel.com, June 30, 2009

'Stay Alive on 95' Program Kicks Off Before Holiday Weekend, WOKV.com, June 30, 2009

New Study: Higher Seat Belt Use Could Save Many Lives, NHTSA, May 14, 2009

Related Web Resources:
The Dori Slosberg Foundation

Florida Highway Patrol

Continue reading " Florida Police in Broward County, Palm Beach County, & Miami-Date County Take Part in "Staying Alive on 95 & Florida Roadways" Blitz Promoting New Seat Belt Law " »