Florida Injury Attorney Blog

Charges may be filed in the Palm Beach Gardens car accident on Thursday night that claimed the life of 19-year-old Bryanna Sanville. The teenager was riding in the Kia Forte driven by her friend Sabrina Gavagni Fiorentino when the vehicle collided with a Ford Explorer.

According to police, Fiorentino, who was driving back from Jensen Beach, was trying to make a U-turn at around 11:30 pm when her car pulled in front of the SUV, which was driven by Dora J. Valencia, 42. The Ford hit the Kia on the passenger side, where Sanville was seated.

Valencia, her passengers (19-year-old Viviana Silva and a male minor) and Fiorentino were all taken to the hospital. Sanville, who doesn’t appear to have been wearing a seat belt, was pronounced dead at accident site. Now police are saying that alcohol may have been a factor in the Palm Beach County car crash.

Drunk Driving
Drunken driving continues to be the cause of hundreds of Florida motor vehicle crashes each year. In 2010, alcohol was a factor in 794 Florida traffic fatalities—and while that’s 210 less drunk driving deaths than the 1,004 Florida traffic deaths involving alcohol in 2009—that’s still too many lives lost.

Drunk driving is dangerous and leads people to make careless mistakes that they wouldn’t otherwise have made. Vision becomes impaired, cognitive and processing abilities, reaction time, and reflexes are slowed. If you or someone you love was injured in a Palm Beach County car crash that you believe occurred because another motorist was drunk, under the influence of drugs, texting while driving, talking on the cell phone, distracted for any other reason, or did anything else that you believe caused the accident, you should contact our Palm Beach personal injury law firm immediately.

Recently, the Florida Department of Highway Safety and Motor Vehicles issued its traffic crash facts for 2010. While there has been a decline in traffic deaths—there were 2,563 Florida traffic fatalities in 2009 and 2,444 Florida traffic deaths in 2010—the state did see an increase in Florida pedestrian deaths with 499 lives lost in 2010 compared to the 482 Florida pedestrian fatalities in 2009.

More 2010 Florida Traffic Facts:
• 4,925 Florida bicycle crashes
• 76 bicycle deaths
• 4,600 bicyclist injuries
• 7,484 Florida motorcycle accidents
• 350 motorcycle deaths
• 33 motorcycle passenger fatalities
• 6,686 motorcyclist injuries
• 80 teen driver deaths
• 64 teen passenger fatalities
• 26,848 teen car crashes
• 10,563 teen drivers hurt
• 7,980 teen passengers injured

While Florida Personal Injury Protection (PIP) insurance will cover some injuries and damages, when serious injuries are involved this may not be enough to cover medical expenses, lost wages, and funeral and burial expenses, and other damages.

Alcohol suspected in crash that leaves one dead, four hurt in Palm Beach Gardens crash, Sun-Sentinel, September 30, 2011

Teen killed in Palm Beach Gardens crash 'could do anything', Palm Beach Post, September 30, 2011

2010 Traffic Safety Facts, Florida Department of Highway Safety and Motor Vehicles (PDF)

Related Web Resources:
MADD

Teen Drivers, CDC

More Blog Posts:
Pregnant Mom and Unborn Baby Killed in South Florida Wrong-Way Driving Accident on I-75, Florida Injury Attorney Blog, August 19, 2011

Florida Wrongful Death Lawsuit Blames Volusia County for Truck Accident on Beach that Killed 4-Year-Old, Florida Injury Attorney Blog, August 11, 2011

Ex-NBA Player Alonzo Mourning Sued Over Miami-Dade Car Collision, Florida Injury Attorney Blog, July 21, 2011

Continue reading " Drunk Driving May Have Been a Factor in Palm Beach Garden Car Crash That Killed One Teen & Sent Four People to the Hospital " »

The surviving loved ones of the victims that were killed at a Thanksgiving family gathering in 2009 have filed their Palm Beach County wrongful death lawsuits against the parents of the man who allegedly shot them. 6-year-old Makayla Sitton, 76-year-old Raymonde Joseph, and Lisa Knight, who was pregnant, all died that day, after Paul Merhige allegedly shot them. The plaintiffs are blaming Paul’s parents, Carole and Michael Merhige for the tragic incident.

Lisa, was Paul’s sister, and Makayla was also related to them. Raymonde was Makayla’s grandmother. Paul has pleaded not guilty to their murders.

Makayla’s parents, Jim and Muriel Sitton, and Raymonde’s husband Antoine Joseph, are the plaintiffs of one Palm Beach County, wrongful death complaint. In the Sittons and Joseph’s lawsuit, they blame Michael and Carole for inviting Paul to Thanksgiving dinner even after knowing that he wasn’t taking his medication and he owned a gun. The couple was reportedly afraid of her son and what he might do. The Sittons and Joseph are also accusing Jim, who is a former CIA agent, of acting negligently when he didn’t stop his son when the shooting started or call 911 even though he had a phone.

In his Jupiter, Florida wrongful death complaint, Patrick Knight is also seeking damages from his in-laws. Not only did he lose his wife and unborn child, but he too almost died in the shooting when bullets entered his stomach. Patrick was in a coma for three months. It wasn’t until he woke up that he learned that his wife and their unborrn child had died. Knight contends that Michael and Carole had a duty to protect the Thanksgiving attendees from Paul, who was someone that they knew had “dangerous propensities” and was capable of “irrational violence” and “aggressiveness” toward extended family and immediate relatives.

Some 16 people attended the Thanksgiving gathering in Jupiter that year. Police say that Paul, who was already was at the event, left and then returned with his gun. They say that he then told the guests that he’d been waiting “to do this” for “20 years.”

After the shootings, Paul fled and it was over a month before he was apprehended. His criminal trial is scheduled for January. Knight contends that since Paul’s parents were the ones that got him a passport, they must have been aware that their son was going to take off.

Florida Wrongful Death
To sue someone for wrongful death, that party doesn’t need to have been the direct cause of your loved one’s passing. However, negligence on his/her part may have played a role in allowing the death to happen.

Obtaining Palm Beach wrongful death damages can allow you to feel as if you've hold the responsible party accountable for the actions that contributed to the loss of your loved one’s life. This won’t bring your family member back, but it can provide you with some financial and emotional relief.

2nd lawsuit filed in Thanksgiving shooting case, Miami Herald/AP, September 22, 2011

Lawsuit: Merhige's parents did nothing to stop Thanksgiving slayings, Palm Beach Post, September 15, 2011

Paul Merhige, Alleged Thanksgiving Killer, Seen in Gun Shop Video Day Before Massacre, CBS News, December 7, 2009

More Blog Posts:
University of Central Florida Freshman May Have Been Drinking At Fraternity Party Prior to Her Death, Florida Injury Attorney Blog, August 26, 2011

Florida Wrongful Death Lawsuit Blames Volusia County for Truck Accident on Beach that Killed 4-Year-Old, Florida Injury Attorney Blog, August 11, 2011

Miami-Dade Wrongful Death Suit Filed Against Homestead Day Care in Toddler’s Death, Florida Injury Attorney Blog, July 14, 2011

The National Transportation Safety Board is recommending that all states ban commercially licensed drivers from talking on the cell phone or texting while operating their vehicles. The recommendation comes in the wake of federal officials confirming that the 2010 tractor-trailer truck crash in Kentucky that killed 11 people occurred because the trucker became distracted while talking on his cell phone. The victims that died included the truck driver and 10 of the 12 people in the van that was struck. Two young children survived the crash with injuries. Most of the victims were from the same family.

Per the investigation into the deadly truck crash, truck driver Kenneth Laymon had been texting and talking on his phone in the hours leading up to the collision. Fatigue was also a factor, as was the failure of the cable barriers located along the median of the road where the accident happened. The semi-truck crash occurred 13 hours into Laymon’s drive and 437 miles from his departure point.

The NTSB doesn’t have the authority to ban commercial drivers from cell phone conversations and texting, which is why it is making the recommendation to all 50 states and Federal Motor Carrier Safety Administration.

Distracted Driving
Currently, in Florida there is no ban on cell phone talking or texting. (Other states have partial bans, including a ban on handheld devices, a ban for school drivers and new drivers, and/or a texting ban.) This isn’t to say that state lawmakers haven’t made attempts. Just this last session, several bills were introduced pushing for a texting ban and barring young drivers from using cell phones, but they did not make it through.

This past weekend, cell phone use was believed to be a factor in a Lake Worth car crash that claimed one man’s life. According to WPTV.com, Raynald Petigny may have been texting when he was rear-ended by a truck. Petigny, 35, died at the Palm Beach County, Florida truck accident site.

Texting while driving and talking on a cell phone are proven driver distractions that can cause serious Palm Beach County personal injury and wrongful death. It doesn’t matter whether the person using the phone or PDA is riding a truck, bus, motorcycle, car, or crossing the street. Some 1.3 million auto crashes resulting in thousands of deaths and hundreds of thousands of injuries are a result of this type of careless behavior.

Fed safety agency recommends banning cellphone use, texting by truckers, commercial driver, Washington Post, September 13, 2011

Man stopped on Interstate 95 killed by semi truck, Palm Beach Post, September 10, 2011

Deadly crash is one more reason lawmaker wants a ban on texting behind the wheel, WPTV, September 12, 2011

Cell Phone and Texting Laws, Governors Highway Safety Association

More Blog Posts:
Florida Wrongful Death Lawsuit Blames Volusia County for Truck Accident on Beach that Killed 4-Year-Old, Florida Injury Attorney Blog, August 11, 2011

NHTSA Reports 5,474 Distracted Driving Deaths in 2009, Florida Injury Attorney Blog, October 5, 2010

South Florida Pickup Truck Crash Kills 2 Broward County Teens, Injures Four Others, Florida Injury Attorney Blog, April 20, 2011

Continue reading " Preventing Florida Truck Accidents: NTSB Recommends Banning Commercial Drivers from Texting and Cell Phone use While Driving " »

According to the Florida Department of Health, reports of streptococcal endophthalmitis infections linked to intravitreal injection of repackaged Avastin have surfaced at clinics in the Miami area. The tainted injections have been traced back to a Hollywood, Florida pharmacy that repackaged the Avastin into 1mL-single-use syringes for individual eye treatments. The pharmacy then sent the injections to the eye clinics. A single lot of Avastin was used in the repackaging of the drug.

If you or someone you loved developed a serious eye condition after getting an Avastin injection or taking any kind of medication, it is important that you speak with an experienced Miami products liability law firm right away.

Streptococcal Endophthalmitis Infections
This infection leads to the inflammation of the eye’s internal coats. This type of bacterial infection can cause severe eye damage and even blindess.

According to the US Food and Drug Administration, at least 12 patients in three Florida clinics suffered eye infections after receiving an Avastin injection. While the patients did have vision problems prior to taking the drug, some of these patients became blind after they developed endophthalmitis.

The repackaging of sterile drugs must be done in a manner that does not compromise the sterility of the medication. That said, it is the responsibility of medical professionals and pharmacists to make sure that drugs that they sell, distribute, or prescribe comes from proper sources. It is also up to drug manufacturers to make sure that their drugs are packaged in a way that will keep them sterile so that consumers don’t develop infections.

Apparently, there have been other eye infections linked to the administration of repackaged Avastin injections. The FDA says there have been four reported cases in Tennessee and five in California that resulted in blindness. One man’s family has filed a $4 million dangerous drug claim asserting that the he lost his eyesight and suffered brain damage from taking Avandia.

While Roche Holding AG's (RHHBY) Genentech unit doesn’t endorse use of Avastin to treat eye conditions, some health providers have still opted to use the drug to treat eye diseases. Avastin is normally used to treat cancer.

Compounding Pharmacies
These pharmacies make small quantities of drugs. Compounding pharmacies are not subject to FDA regulation and they don’t have to comply with the regulations and statutes other prescription meds must satisfy in order to be considered acceptable and safe for use. Compounding pharmacies can commit pharmacy errors that can result in serious injuries and even death.

Our Miami personal injury law firm represents clients injured by dangerous medication, tainted drugs, and other meds that caused serious injury or wrongful death.

"Five More Reports of Avastin Injections Causing Blindness, The New York Times, September, 1, 2011

"Eye Infections Reported After Using Roche's Avastin In 3 States,The Wall Street Journal, September 2, 2011

Related Web Resources:
Florida Department of Health

Avastin

FDA

More Blog Posts:
The US Drug Watchdog Warns all Fixodent and Super Poligrip Denture Cream Users of Possible Zinc Poisoning, Florida Injury Attorney Blog, October 14, 2009

Florida Jury Awards Pensacola Man $7 Million In Products Liability Lawsuit Against Accutane Manufacturer Hoffman-La Roche, Florida Injury Attorney Blog, October 22, 2007

Florida Defective Medical Device?: DePuy Pinnacle Hip Replacement System Also Reportedly Causing Problems for Some Patients, Florida Injury Attorney Blog, March 31, 2011

Three years after Bryan Santana was born, her parents want a Palm Beach Gardens obstetrician and two ultrasound clinics to pay them $9m in Florida medical malpractice damages. Bryan was born with just one leg and arms that go only inches down from his shoulders.

In court this week, Bryan’s mom Ana Mejia told a jury that if she’d known that he was going to be born with such serious disabilities she and her husband Rololfo Santana would have terminated the pregnancy. They believe that medical negligence on the part of Dr. Marie Morel and staff at OB/GYN Specialists of the Palm Beaches, St. Mary's Medical Center, and Perinatal Specialists of the Palm Beaches resulted in their failure to detect Bryan’s birth defects. (St. Mary's settled the family’s Palm Beach medical malpractice case for an undisclosed sum.) Mejia says she had seven ultrasounds prior to her son’s delivery.

Bryan was delivered by Cesarean section on October 15, 2008. The couple claims that it wasn’t until after he was placed in Ana’s arms that they were told of his condition. His family says that they would have prevented the life of mental and physical pain and challenges their son now faces if they’d known.

Even though Bryan has a prosthesis for his leg, he still is unable to run and play like other kids his age. Although he can take a few steps, he requires help. It also is hard for him to play with toys because he doesn’t have hands.

According to the rehabilitation consultant hired by the family’s Palm Beach obstetric malpractice lawyers, $9 million is the amount need to pay for medical costs, equipment, and services that Bryan requires to maintain a decent quality of life. Mejia and Santana also want damages for pain and suffering.

It is important that doctors provide care to a mother and infant not just during and after delivery but also beforehand. Proper prenatal care is necessary. Unfortunately, OB/GYNs can make medical mistakes that may case a baby to be born with serious injuries or birth defects.

It is up to your obstetrician/gynecologist to diagnose any possible complications with your pregnancy so that issues of concern can be addressed and treated immediately. Possible complications:

• Gestational diabetes
• Placenta previa
• Heart defects
• Unusual weight fluctuation
• Too much water retention
• Irregular hormone levels
• High blood pressure
• High risk pregnancy
• Preeclampsia
• Fetal distress
• Umbilical cord around the neck

Also, in the event that your child could be born with serious birth defects, you will want to known as soon as possible so that you can make key decisions about next steps. Your doctor should also be able to tell you whether you can go into labor naturally or whether a C-section procedure would be best for your child.

Family seeks millions from obstetrician, ultrasound clinics after son born with disabilities, Palm Beach Post, August 31, 2011

Related Web Resources:
Prenatal Fact Sheet, Women's Health

Birth Defect Testing, Web MD

More Blog Posts:
$10 Million Florida paramedic negligence verdict awarded to mother who gave birth in ambulance and whose son now has cerebral palsy, Florida Injury Attorney Blog, April 15, 2010

South Florida Medical Malpractice Lawyers: Is State’s C-Section Rate Too High?, Florida Injury Attorney Blog, April 15, 2010

"Florida Wrongful Death and Medical Malpractice Lawsuit Filed Over Autistic Boy's Medication Overdose Death, Florida Injury Attorney Blog, June 1, 2009