Florida Injury Attorney Blog

Considering that this week is National Teen Driver Safety Week, it is good time to remember that traffic accidents are the number one cause of US teenager deaths. As a matter of fact, teens are involved in three times as many deadly car collisions as adults.

Our Hollywood, Florida car accident lawyers have seen the havoc that can occur when a teenager is seriously injured or killed in a crash. It is our job to help minors and their families recover compensation from all liable parties. While Florida’s Personal Injury Protection (PIP) coverage may cover part of the expenses sustained from being injured in an accident, sometimes, this just isn’t enough—especially when serious injuries or deaths are involved.

That said, teen drivers have also been known to cause serious Florida traffic crashes, resulting in injury to themselves and others. One reason for this is that young people tend to get easily distracted, which doesn’t help when coupled with their lack of experience on the road. The variety of mobile technology now available to everyone these days doesn’t help. Already, it can be hard to pull kids away from cell phones when they aren’t driving.

Now, however, according to a study by Students Against Destructive Decisions and Liberty Mutual Insurance, even though teens are becoming more aware of how dangerous texting while driving can be, more than half of the 2,294 high school students surveyed said that they sometimes still text while operate a vehicle, while 28% say that often text while driving.

Granted, Florida has no law making texting or talking on a cell phone while driving illegal. That still, however, doesn’t mean that it makes either activity less dangerous. Other distracting tech-related activities that a number of the teens that responded to the survey say they engage in while operating a motor vehicle:

• Access the Internet on a cell phone
• Change songs on an MP3 player or iPod
• Update their MySpace and Facebook accounts
• Use an iPad or another technology tablet
• Shoot videos with their cell phones
• Take photos with their cell phone

It is no secret that distracted driving can kill people. Adults too can cause serious injury when they use their cell phone to do any of the activities mentioned above.

Even though the offending driver likely intended to cause no harm, the tragic consequences that can occur are real. You may be able to file a Ft. Lauderdale car accident claim against a distracted driver that caused your loved one’s death or your injuries. In some cases, the distracted driver was operating the other vehicle. In other accidents, the driver who was distracted was the motorist in your vehicle.

Liberty Mutual and SADD Study Finds Texting While Driving By Teens Not Affected By Their Awareness of the Dangers; Text Conversations With Mom and Dad on the Rise, Marketwatch, October 19, 2011

National Teen Driver Safety Week

Distracted Driving, NHTSA

Teen drivers, CDC

More Blog Posts:
Drunk Driving May Have Been a Factor in Palm Beach Garden Car Crash That Killed One Teen & Sent Four People to the Hospital, Florida Injury Attorney Blog, September 30, 2011

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

Number of Broward County and Palm Beach County Traffic Deaths Drop in 2009, Florida Injury Attorney Blog, July 15, 2010

Continue reading "Teen Drivers Continue to Text Despite Knowing the Dangers, Reports Liberty Mutual and SADD Study" »

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" »

Less than a year after 2-year-old Haile Brockington died after being left all day in a day care van in hot weather, another toddler has died under what may be possibly similar circumstances. Like Brockington’s parents, who filed a Palm Beach wrongful death case against the Delray Beach day care center, the family of Dominicue Andrews is suing Jomiba Learning Center and alleging Miami-Dade wrongful death.

The 22-month-old died on Tuesday. When emergency workers arrived, Andrews’ body was on the ground near the day center van. Investigators are still trying to determine his cause of death, but the family’s Miami-Dade injury lawyer believes that the boy was left inside the van. He is alleging negligence related to the center’s transportation services.

With temperatures hitting the mid-90’s that day, it would have been much hotter in the van. A child can bake to death if left in a vehicle in blistering weather. That said, even if it’s just 60 degrees outside, the inside of a car could end up being much warmer. Considering that a child’s body temperature can go up three to five times faster than a grown up’s increases the chance of child fatality. It takes only 10 minutes for the temperature inside an enclosed auto to go up 20 degrees.

Jomiba has agreed to voluntary closure until the investigation is concluded.

Considering that day care centers are responsible for taking care o the young children under the watch, if negligence, carelessness, recklessness, or other mistakes on the part of the day care’s owners or its employees were to cause a child to die, the victims’ family could be entitled to Miami wrongful death. Other day care incidents that may be grounds for a case if the child were to get seriously hurt or die.

• Crib suffocation or entrapment
• Fall accidents
• Head injuries from being dropped or shaken by an adult
• Playground accidents
• Sex abuse
• Accidental death
• Inadequate care
• Inadequate supervision
• Injuries from hazardous conditions on the premise that could have been remedied

Family sues day care in Homestead toddler’s death, Miami Herald, July 14, 2011

Dead Boy Likely Left in Hot Van: DCF, NBC MIami, July 13, 2011

Related Web Resources:
Child Care, Florida Department of Children and Families

Wrongful Death, Nolo

More Blog Posts:
Palm Beach Wrongful Death Lawsuit Filed Against Day Care Center and Driver After 2-Year-Old is Left in Van, Florida Injury Attorney Blog, August 18, 2010

Parents File Miami-Dade Wrongful Death Lawsuit Against Boy Scouts of America After Son Passes Away from Heatstroke, Florida Injury Attorney Blog, June 9, 2010

Teenager’s Family Sues Broward School District for Fort Lauderdale Wrongful Death, Florida Injury Attorney Blog, April 26, 2010

Nine people were injured—six children and three adults —when the pickup truck that they were riding flipped over on Monday evening. The six kids and one of the adults, a male, were on the bed of the truck at the time and they were thrown onto Interstate 95 close to Palm Bay. Fortunately, no one was seriously hurt. The single-car collision happened after one of the tires separated from the vehicle. Charges over the Palm Bay car accident are expected.

Unfortunately, tire-related crashes are more likely to occur in hot weather. This is why drivers must check their vehicle’s tires for signs of wear and tear before getting on the road. Between 2005 and 2009, the National Highway Traffic Safety Administration says that about 116,000 people got hurt and 3,400 people were killed in accidents caused by tire malfunctions, defects, blowouts, and separation.

If failure to properly maintain one’s tires caused a South Florida traffic crash, the driver or whoever’s job it was to check them to make sure they were safe for use could be held liable for personal injury. If the tire manufacturer made defective tires or the company that installed the tires did a poor job and either of these negligent acts caused a motor vehicle accident, then these parties could be held liable too. Also, depending on the specifics of your Florida traffic crash, the person driving the vehicle could get sued for placing others in danger. For example, it is illegal for anyone who is a minor to be riding on the bed of a pickup truck bed on a limited-access highway. One argument that a Palm Beach injury lawyer might have in an accident such as this one is that the driver allowed minors onto the truck bed and, as a result, they got hurt when the crash happen.

Although Florida motorists usually do have $10,000 minimum in PIP (personal injury protection) to cover the individual, his/her child, members of the same household, and passengers that don’t have PIP or own a vehicle, this may not be enough to cover medical expenses and related costs from a motor vehicle crash if the injuries are very serious.

Six children, man thrown from pickup in I-95 crash near Palm Bay, Palm Beach Post, June 14, 2011

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

Continue reading "6 Kids, 1 Man Thrown in Palm Bay, Florida Pickup Truck Crash " »

Two Weston teens are dead from injuries they sustained in a South Florida pickup truck crash on Alligator Alley on Sunday night. 18-year-old Sasha Abitante and 17-year-old Juan Zambrano were passengers in the Dodge truck, which was transporting six teens from Broward County, when the vehicle went onto the unpaved median and overturned as the driver overcorrected the vehicle twice. Some of the passengers were ejected from the truck and onto the road.

According to the Florida Highway Patrol, 18-year-old Nickolas Wagy, the Weston teen who was driving the truck, was the only one wearing a seat belt. He sustained minor injuries. 18-year-old Fort Lauderdale teens Brian Corbet and Dylan Delgado suffered serious injuries, as did 18-year-old Weston teenager Gabriel Fernandez.

The South Florida teens were coming back from a reggae concert near Naples when the traffic crash happened.

Single-car collisions can prove just as fatal is fatal as Miami auto accidents involving more than one vehicle or a car and a pedestrian or bicyclist. If you are someone who was injured in a Palm Beach single-car crash, it is a good idea to explore your legal options because there may be other parties who should be held liable.

Common Causes of Florida Single-Car Accidents:

• Rollover
• Drunk driving
• Overcorrection
• Distracted driving
• Tire blowouts
• Vehicle defects
• Road defects
• Poor road condition
• Poor weather conditions
• Negligent driving
• Cell phone use
• Text messaging
• Drugged driving
• Speeding
• Driver inexperience

Fellow Weston students mourn, pray for 2 killed, 3 injured in Alligator Alley crash, Sun-Sentinel, April 18, 2011

2 teens killed, 3 injured in Alligator Alley crash, Miami Herald, April 18, 2011

Related Web Resources:
Teen Drivers, Centers for Disease Control and Prevention

What to do after a car accident, MSN

More Blog Posts:
Jury Awards $2.25M Palm Beach County Wrongful Death Verdict in Fatal 2008 Boynton Beach Car Accident, Florida Injury Attorney, March 16, 2011

Number of Broward County and Palm Beach County Traffic Deaths Drop in 2009, Florida Injury Attorney, July 15, 2011

14-Year-Old Oakland Park Girl Dies in Boynton Beach Car Crash Involving Broward County Sheriff’s Office Patrol Vehicle, Florida Injury Attorney, January 26, 2010

Continue reading "South Florida Pickup Truck Crash Kills 2 Broward County Teens, Injures Four Others " »

Three children were killed in a catastrophic South Florida car crash on Sunday. The driver of the vehicle, Steveroy Hansen from Broward County, is the father of two of the kids. According to Florida Highway Patrol, the traffic accident occurred on Florida’s Turnpike when the 1998 Ford Explorer they were riding experienced a tire blowout, causing the vehicle to strike the retaining wall and another SUV and rolled over.

The names of the children that died are brothers Steve Hansen Jr., 11, and Stephaune Sean Hansen, 1, and family friend Laura Miller, 12. All three of them were ejected from the vehicle. Steveroy Hanson, Abigail Hansen, 8, and family friend Oliva Scott, 14, were transported to a West Palm Beach hospital for treatment of their injuries. Another driver, Barbara Ellen Allen, 50, was taken to a hospital after her Ford Escape was struck by debris from the car crash. Also treated for non-life threatening injuries was Satnarine Burton, 39. His Toyota Highlander was the vehicle struck by Hansen’s car.

Police say that the kids who were ejected may have been improperly belted. The authorities are still trying to determine what happened.

Rollover Accidents
Every year, over 10,000 people are injured in rollover crashes. For many of those fortunate enough to survive, they may be left with severe head trauma, traumatic brain injuries, spinal cord injuries, internal injuries, paralysis, mental trauma, emotional anguish, or other debilitating injuries. Not only is it a motorist’s responsibility to drive safely to avoid involvement in a Palm Beach rollover accident, but also, the car manufacturer must make sure that the vehicle is designed in a way that doesn’t make it likely to rollover and, if rolling over is a risk—as is common with SUV’s and 15-passenger vans—then adequate safety measures must be put in place in the vehicle protect passengers.

Depending on the circumstances surrounding a Palm Beach car colllision, a number of parties can be held liable for injuries or death. Possible responsible parties may include a driver, a car manufacturer, the government entity responsible for the road where the collision happened, the manufacturer of a defective tire or another faulty auto part, and/or others.

Tire blow out causes fatal accident on Florida Turnpike, ABC Action News, April 4, 2011

3 children killed in turnpike crash, Miami Herald, April 4, 2011

Three Kids Killed, Dad Critically Injured In Turnpike Crash, CBS Miami, April 4, 2011

Related Web Resources:
Rollover, PBS

Tire Defects, Safercar.gov

Related Blog Posts:
Ft. Lauderdale Car Crash on I-95 Leaves Couple that was Ejected from Vehicle in Serious Condition, Florida Injury Attorney, March 9, 2011

Woman Struck by Van Dies in Lauderhill Pedestrian Accident, Florida Injury Attorney, August 11, 2010

Family of Naples Woman Files Collier County Wrongful Death Lawsuit Against School Teacher Over Fatal Florida Truck Accident, Florida Injury Attorney, June 17, 2010

Continue reading "Deadly South Florida Crash Near the Palm Beach County Line Claims the Life of Three Children, Injures Two Others" »

The parents of 17-year-old Jonathan Fontanez are suing the Broward Sheriff's Office and three deputies for his Florida wrongful death. Fontanez died after a deputy shot him in the heart. The fatal shooting took place at the Fontanez family’s West park residence.

According to Fontanez’s mother Evelyn Fontanez, the deputies never identified themselves when they arrived at the residence at around 1am on Aug. 11, 2008, and her son thought that they were home invaders. The deputies were there to arrest Fontanez on armed robbery and assault charges.

Fontanez swung a baseball bat at them and it was after this that the deputies beat, Tasered, and shot him. Although Fontanez was shot while trying to reach for Deputy Michael Francis’s gun, the plaintiffs' lawyer is arguing that the weapon was in a special holster and it would have been hard for anyone to grab it. Therefore, it was not reasonable to think that the teen would have been able to retrieve the weapon.

In addition to the BSO, the other defendants in the Broward County, Florida wrongful death case are Francis, Sgt. Santiago Vazquez, and Deputy Samuel Wagers. Fontanez’s family is seeking unspecified damages.

Excessive Use of Police Force
Law enforcement officers must abide by strict guidelines when using force of any kind and excessive use of force is not allowed. Unfortunately, every year suspects, defendants, persons convicted of crimes, and innocent bystanders are injured or killed because they were subject to police brutality. The unnecessary use of force has been known to include the use of chemical sprays, fists, batons, electro-shock weapons, dogs, batons, and guns. All of these, especially when used with excessive force, can cause Miami personal injury or wrongful death.

West Park family sues BSO and 3 deputies in teen's shooting death, Sun-Sentinel, August 23, 2010

17-Year-Old Killed In Deputy-Involved Shooting, WPLG Miami, August 12, 2008

Related Web Resources:
Broward Sheriff's Office

Police Brutality: The Use of Excessive Force, Drury.Edu

The National Highway Traffic Safety Administration reports that with 2,558 Florida traffic deaths occurring last year, the state saw a 30% decline in highway fatalities from the year before when there were 2,980 Florida motor vehicle crash deaths. Alcohol was a factor in 770 of the 2009 Florida auto crash deaths.

Our Miami car accident law firm considers it good news any time there is a decrease in the number of Florida motor vehicle deaths. This decline in fatalities was also reflected nationally last year in what U.S. Transportation Secretary Ray LaHood is calling the lowest highway fatality number since 1950. Highway deaths dropped from 37,432 in 2008 to 33,808 in 2009.

According to David Strickland, NHTSA’s administrator, anti-drunk driving initiatives and educating people about the importance of seat belt use have contributed significantly to the declining traffic death toll. Law enforcement and safety officials also began taking more aggressive measures to discourage distracted driving, which causes thousands of US traffic crashes annually.

More 2009 US Traffic Safety Facts:
• 2,217,000 Traffic crash injuries
• 17,000 Large truck injuries
• 503 Large truck deaths
• 90,000 Motorcycle accident injuries
• 4,462 Motorcycle crash deaths
• 59,000 Pedestrian accident injuries
• 4,092 Pedestrian accident deaths
• 51,000 Pedalcyclist accident injuries
• 630 Pedalcyclist crash deaths
• 10,839 Drunk driver-related deaths
• 770 Florida drunk driving deaths

Even if you are covered under Florida’s Personal Injury Protection (PIP), you should still explore your Ft. Lauderdale personal injury options. Many Palm Beach car crash injuries are catastrophic and costly and you may want and need to hold any liable parties responsible to help cover your associated damages and costs.

2009 Data Show Major Across-the-Board Declines in all Categories, September 9, 2010
Despite a Slight Increase in Road Travel, NHTSA

Highlights of 2009 Motor Vehicle crashes, NHTSA, August 2010 (PDF)

Related Web Resources:
Florida Department of Transportation

Advocates for Highway and Auto Safety

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" »

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

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 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

Amanda Collette was just 15-years-old when she was fatally shot at Dillard High School in 2008. Now, her family is suing the Broward School District for her Florida wrongful death.

Dillard, a high school sophomore, was shot in a school hallway on November 12, 2008. The person who shot her, fellow student and friend Teah Wimberly, was found guilty of second-degree murder and is sentenced to 25 years in prison. Collette had reportedly rejected Wimberly’s romantic overtures.

According to the plaintiffs’ Broward County, Florida wrongful death lawyer, Wimberly had told another schoolmate that she planned on hurting Collette. The student then claimed to have told a teacher, who was accused of disregarding the information. A district probe later cleared the instructor of wrongdoing.

In the family’s Fort Lauderdale, Florida wrongful death complaint, the plaintiffs claim that Collette’s death was preventable. The school had hand-held metal detectors, but they weren’t used on the day that Wimberly brought a 22.caliber pistol to school. Collette’s family also notes that the school has a history of violence.

In the event that your son or daughter was injured or died at school, you may have grounds for filing a Broward County, Florida personal injury or wrongful death lawsuit. School employees are in charge of supervising students on the premise and the school and district can be held liable if failure to properly oversee and ensure order or another type of negligence results in a student getting hurt.

Some causes of student injuries and fatalities:

• Murder
• School shootings
• Assault and battery
• Stabbings
• Sexual assault crimes
• Inadequate security
• Hazardous conditions
• Slip and fall
• Improper maintenance
• Exposure to toxic substances
• Dangerous school experiments
• Inadequate safety procedures
• Failure to implement proper emergency procedures
• Fire accidents
• Sports-related injuries and accidents

Family of slain Dillard High teen sues Broward schools, Miami Herald, April 9, 2010

Teah Wimberly sentenced to 25 years, WSVN, March 27, 2010

Related Web Resources:
Broward School District

Dillard High School

A jury has awarded a $10 million Florida birthing injury award to Margarita Chess in her cerebral palsy lawsuit against EVAC Ambulance service. Chess is the mother of Addison Chess, now 6. The boy developed cerebral palsy after his mother gave birth to him in an ambulance in 2003.

According to court records, Chess, who was six months pregnant at the time, began experiencing pain and went into premature labor on September 21, 2003. She went to Bert Fish Medical Center.

Two doctors, Dr. John Milton and Dr. Thomas Stavoy, arranged to have her transported to a hospital. She was supposed to go to Halifax Medical Center, but instead, the ambulance headed for Arnold Palmer Hospital for Children, which was located nearly 60 miles away.

15 minutes into the ambulance ride, Addison, weighing just 1.7 pounds, was born prematurely. He started having breathing problems, and paramedics performed CPR on him. Due to lack of oxygen and brain damage, Addison now has cerebral palsy.

Chase’s Florida birthing malpractice lawsuit named Bert Fish Medical Center, Arnold Palmer Hospital, Halifax Medical Center, EVAC Ambulance, Stavoy, and Milton as defendants. Except for EVAC, all of the parties had settled with Chase over her son’s birthing injuries.

Cerebral Palsy
Commonly caused by birthing malpractice and/or challenging labors, this medical condition can leave a person disabled for life. Lack of muscle coordination, ataxia, tight or stiff muscles, spasticity, a dragging foot or leg, “scissored” or crouched gait, floppy or stiff muscle tone, and brain damage are some of the effects of living with Cerebral palsy.

Examples of other birth injuries that can occur as a result of medical malpractice:

• Erb’s Palsy
• Meningitis
• Cerebral Palsy
• Brain damage
• Brachial Plexus injury
• Microcephaly
• Mental retardation
• Developmental delays
• Forceps injuries
• Vacuum extraction injuries
• Head trauma

Jury awards $10 million in ambulance birth, Orlando Sentinel, April 5, 2010

Jury awards $10 million in suit against EVAC, The Daytona Beach News Journal, April 5, 2010

Related Web Resources:
NINDS Cerebral Palsy Information Page, National Institute of Neurological Disorders and Stroke

Cerebral Palsy, KidsHealth.org

A young boy has died in a Broward County, Florida car accident. The four-car collision happened on Friday night.

Police say that Miami Gardens resident Jorge Pascual did not slow and/or stop his 1999 Ford Explorer and rear-ended a 2002 Kia. Riding in the front-seat of the Kia was 53-year-old Patricia Berrio, a Miami resident. She was admitted to Memorial Regional Hospital in serious condition.

Also involved in the Pembroke Pines motor vehicle crash were vehicles driven by Mark Jensen, a Miramar resident, and Richard Quintero of Pembroke Pines.

Florida Multi-Vehicle Crashes
Proving liability when there are multiple vehicles involved can be tough. This is one reason it is important to consult with a Pembroke Pines car crash law firm about your case.

Common causes of multi-vehicle crashes include speeding drivers, distracted drivers, drivers that are following too closely, drunk drivers, drugged drivers, and vehicles with defective breaks. Chain reaction collisions have a higher risk of happening during rush hour when traffic is heavy and/or slow in certain pockets of the road.

There may be one than more motorist/party that should be held liable for the Broward County car accident that caused your Florida personal injuries or the wrongful death of your loved one. Most motorists never intend to cause injury or death to others. That doesn’t mean that they shouldn’t be held liable in civil court for the harm caused and costs and losses incurred by the victims. Negligent drivers may even be subject to criminal charges.

Boy killed in Pembroke Pines crash, Sun-Sentinel, April 3, 2010

Related Web Resources:
Florida Traffic Laws

What to do after a car accident, MSN

Car Accidents Overview, Justia

Continue reading "Boy Killed in Pembroke Pines Car Accident" »

Constance Bergey has settled her Palm Beach County wrongful death lawsuit against Simplicity Inc. and Walmart. Bergey’s 2-year-old daughter Serenity was found dead in her crib on September 19, 2007.

Florida prosecutors had wanted to charge Bergey with manslaughter when in fact, Serenity had suffocated after her head got caught between the crib mattress and a drop-side rail. Two days after Serenity's fatal Palm Beach County crib entrapment accident, the crib maker issued a recall of one million cribs.

At least 11 infant fatalities are linked to defective cribs made by Simplicity, a company that is no longer in business. Over 2 million Simplicity drop side cribs have been recalled because the crib’s hardware exhibited failures that can cause the drop side to separate or detach from the crib. When this happens, a playing or sleeping child can fall into the gap, causing entrapment injuries or suffocation that can lead to traumatic brain injuries or death.

Other crib makers have had to recall their drop side cribs over similar concerns. Over 20 crib recalls have been issued in the last 3 years that have involved over 4 million cribs. Defective hardware, improper installation, inadequate assembly instructions, and missing parts have been some of the defects that can lead to entrapment accidents, suffocation accidents, and/or fall accidents. Some crib manufacturers are even recommending that a ban be placed on the manufacture of drop-side cribs.

It is obviously a very good development when a manufacturer and the US Consumer Product Safety Commission decide to voluntarily recall a defective or dangerous products. However, this move is often too little too late for the children who are injured or killed because a manufacturer or another party was negligent. If your child was hurt or died because of a defective products, you may have grounds for filing a Florida products liability case or a wrongful death complaint against a negligent manufacturer, retailer, and/distributor.

West Boca woman settles suit against crib maker, Walmart, March 12, 2010

Crib Drop-Side Recall, Simplicity for Children

Related Web Resources:
Consumer Product Safety Commission

Dangerous Crib Recalls, Kids in Danger

According to USA Today, 18-year-old Maria West died when she lost control of her vehicle while she was texting. She was partially ejected during the rollover crash and her skull was crushed. Another avid texter, 23-year-old John Bradley Breen, died in a car crash while texting with a young woman he was planning to date.

At this time, the state of Florida doesn’t have any laws prohibiting motorists, including teens and school bus drivers, from texting while driving. However, a House committee has pushed through a bill that would make texting a secondary offense. This means that a Florida cop would have to apprehend a motorist for some other reason before being able to cite him/her for texting.

Even though this distracted driving habit is legal in the state, our Miami car accident lawyers want to remind all of you of the catastrophic consequences that can result. Texting while driving is distracted driving, which is careless and reckless conduct. It increases your chances of becoming involved in a Palm Beach motor vehicle accident and it is a senseless way to die and/or accidentally kill or injure a pedestrian, another motorist, or the person riding with you.

Now, AT & T is kicking off a national campaign that warns about the dangers of texting while driving. True stories, including the last texts that were sent or received before certain tragic distracted driving accidents occurred, are part of the campaign. The messages that the wireless service provider hopes to communicate are: "Textng & Driving ... It Can Wait." and "No text is worth dying over."

AT & T hopes to especially impact teen drivers with the campaign. Teens are among those most likely to disregard the warning that texting while operating a motor vehicle is dangerous. With teens more easily prone to distraction and less experienced than adult drivers, texting teen drivers are a danger to everyone on the road, including themselves.

Texting Safety Tips from AT & T:

• Don’t text while driving
• Don’t text someone that you know is driving
• Don’t let people text while driving

AT&T Txtng & Drivng Campaign Urges Consumers That 'It Can Wait', PR Newswire, March 8, 2010

Word to youth: Texting, driving don't mix, USA Today, March 7, 2010

Related Web Resources:
Texting and Driving, AT & T

Cell Phone and Texting Laws, Governors Highway Safety Association

New data from Virginia Tech Transportation Institute provides insight into cell phone use and driving distraction, Virginia Tech News, July 29, 2009

Texting while driving puts Florida at center of national debate, Miami Herald, March 11, 2010

Continue reading "Prevent Florida Distracted Driving Collisions by Discouraging Motorists From Texting" »

Friends and relatives of 14-year-old Cara Catlin are mourning her death. The Oakland Park girl died on Saturday night when she was thrown from a Honda Civic and landed under a stopped pickup truck during a collision with a Broward County Sheriff’s Office Patrol Car in Boynton Beach. 21-year-old Heather Meyer, who is Catlin’s stepsister, was driving the Honda. She and passenger Gabriel Alegria, 15, were also injured during the Palm Beach County car accident. Broward County police officer Frank McCurrie sustained minor injuries.

The deadly Boynton Beach car accident occurred at the intersection of Dixie Highway and Northeast 56th street as Meyer attempted to turn left on a green light and was struck by McCurrie’s police car. The police officer did not have his lights activated or his sirens on at the time, but witnesses say he was speeding. The impact of the collision was strong enough that the back of the Honda separated from the body of the vehicle, landing several feet away.

Police are investigating the cause of the Boynton Beach motor vehicle crash. In the meantime, McCurrie has been placed on desk duty.

Palm Beach County, Florida Car Accidents
Police officers are supposed to exercise caution on the roads even when they are heading to an emergency scene or in the middle of a police pursuit. If you believe that your South Florida car crash happened because a police officer was speeding, failed to activate his emergency lights, or was negligent in another way, you may have grounds for pursuing a Palm Beach injury or wrongful death case against the officer and his/her department.

That said, all motorists are supposed to drive carefully, pay attention, obey the traffic laws, and adjust their driving to accommodate the driving conditions and traffic at any given time. Drunk driving, speeding, texting while driving, using a cell phone while operating a vehicle, driving under the influence of drugs, drowsy driving, distracted driving, failure to obey traffic signs, or failure to yield the right away are careless acts that can cause injury or death during a Florida motor vehicle crash.

Teen dies in crash with Broward patrol car, Miami Herald, January 24, 2010

Family mourns girl killed in crash with Broward deputy, Sun-Sentinel, January 26, 2010

Related Web Resources:
Broward Sheriff's Office

Florida DMV

Car Accidents and Negligence, Nolo

Continue reading "14-Year-Old Oakland Park Girl Dies in Boynton Beach Car Crash Involving Broward County Sheriff’s Office Patrol Vehicle" »

According to Transportation for America, the four most dangerous US cities for pedestrians are located in Florida:

• Orlando
• Tampa
• Miami
• Jacksonville

Ft. Lauderdale did not rank far behind these four cities. In South Florida over the last two years, there were at least 329 pedestrian fatalities—that’s 22.5% of all traffic deaths in the Miami-Fort Lauderdale region. 16.9% of all Florida traffic fatalities between 2007-2008 were pedestrian deaths. 490 Florida pedestrian deaths occurred in 2008. These figures are disturbing, considering that the state only spends 1.5% of its federal transportation budget on bicycling and walking infrastructure.

Pedestrians need to have the proper road safety measures and traffic laws in place to protect them from the serious injuries that can result during a Florida pedestrian accident. Better designed roads, more crosswalks, additional/wider sidewalks, more crossing lights and speed bumps, and lower speed limits can help decrease pedestrian fatalities in high-risk traffic crash areas. According to Transportation for America, although driver mistakes and pedestrian errors can be sighted as two of the leading causes of US pedestrian crashes, many of these tragic accidents happen because the roads where they occurred were “dangerous by design.”

Also, Time Magazine recently reported that hit-and-run car accidents are an all too common occurrence in Florida. In the last 10 years, there have been about 46 Miami-Dade County hit-and-run crashes. Many of the victims were child pedestrians.

In an era where walking continues to be touted as a way to stay healthy and live longer, and in a state such as sunny Florida that is filled with tourists, college kids, bicyclists, skateboarders, retirees, and people who enjoy spending time outside, it is so important that transportation safety officials and motorists act to prevent Florida pedestrian crashes from happening.

Florida's roads dangerous -- for pedestrians, Sun-Sentinel, November 29, 2009

Florida's Deadly Hit-and-Run Car Culture, Time, November 29, 2009

Solving the Epidemic of Preventable Pedestrian Deaths (and Making Great Neighborhoods), Transportation for America

Related Web Resources:
Read the Transportation for America's Report "Dangerous by Design" (PDF)

Florida Department of Transportation

Continue reading "Florida is Most Dangerous State for Pedestrians, Reports Transportation for America" »

It took a jury less than one hour to issue a $330 million Florida wrongful death award to the mother of a 13-year-old girl who was killed in a drunk driving accident in April 2007. Shelby Taylor Hagman sustained fatal injuries when the minivan she was riding in was struck by a pickup truck that ran a stop sign in a residential area. Her grandparents were in the motor vehicle with her.

According to police, Christopher Marcone’s blood alcohol level was over twice the legal limit at 0.207 when the tragic Florida car accident happened. The 27-year-old motorist is serving 13 years in prison for the fatal incident. He pleaded guilty to DUI manslaughter and other charges.

Shelby ‘s mother, Angela Stone, is also suing Kia Motors Corp. Her Florida products liability lawsuit accuses the carmaker of having a defective passenger restraint system in the minivan. Stone contends that the defective seat belt and shoulder harness played a part in causing her daughter’s fatal injuries.

The 13-year-old’s head got caught in the seat belt and she landed with her feet in the air.

People say this is one of the largest Florida awards to ever be issued. The jury decided that Marcone should pay Stone $275 million in punitive damages and $55 million in compensatory damages.

For anyone to die in a car accident is tragic. It is even more tragic when the death could have been prevented if only the liable motorist hadn’t been behaving negligently.

2008 Alcohol-Impaired Driving Accidents (Per the NHTSA):
• 11,733 alcohol-impaired driving deaths in the US
• At least 216 of the victims were kids under age 15
• More than 1400 Florida drunk driving-related deaths

Filing a Florida car accident lawsuit won’t erase what happened or make your injuries go away or bring back your loved one. It is, however, a way to hold the liable parties accountable for their actions and can allow you to obtain financial recovery for the harm that was suffered.

Hernando jury awards mother $330 million in drunken-driving death of teen, Tampabay.com, October 1, 2009

Alcohol-Impaired Driving, 2008 Traffic Safety Facts, NHTSA

Related Web Resources:
This story was written from prison by Christopher S. Marcone, Safe Teen Driver

Mothers Against Drunk Driving

The family of 9-year-old Devin Olmstead is suing the Palm Beach International Raceway, the tracks investors, go-kart maker Carter Brothers, and go-kart engine manufacturer Briggs & Stratton for Palm Beach personal injury. The Florida injuries to minor complaint comes more than four months after Olmstead was seriously injured in a go-kart accident at the raceway on May 25.

Olmstead was at the raceway celebrating his ninth birthday. According to the family’s Palm Beach injury lawsuit, Olmstead sustained critical injuries when the go-kart he was riding flipped and burst into flames. The 9-year-old has serious burn injuries from his torso to his chin. He also lost all 10 fingers.

The family’s Florida injuries to minors complaint says that the go-kart flipped over because the portion of the raceway was unevenly paved. The family’s Palm Beach injury lawyer says there were no race track employees nearby to help and someone in the stands had to rush over to rescue the boy.

The family is accusing the raceway of not properly maintaining the track surfaces, inadequate supervision, failure to keep fire extinguishers nearby, and not having phones in the vicinity in the event of an emergency. The plaintiffs are suing Carter Brothers and Briggs & Stratton for products liability. The injury lawsuit contends that the go-kart leaks fuel when turned upside down. The US Consumer Product Safety Administration has been examining the go-kart’s design.

Go-kart accidents are motor vehicle accidents that can result in serious injuries for the victims, who are not as protected as they might be within the confines of regular motor vehicles that come with built-in safety features. If your loved one was injured in a Florida motor vehicle accident involving a defective go-kart or because of negligence on the raceway company’s part, you may have grounds for filing a personal injury lawsuit.

In 1999, a jury awarded $1 billion to a woman who sustained serious burn injuries when her go-kart flipped over and burst into flames while on the raceway at Johnson's Park Go-Kart track in Pensacola. Jennifer Cowart was trapped in the burning vehicle until her seat belt burned through and she fell out of the Go-Kart. She had burn injuries on 93% of her body. She died 10 months after undergoing treatment for her injuries in 1993.

Family sues raceway over son's go-kart crash, Sun-Sentinel, October 5, 2009

Boy critically injured after go-kart crash, WPTV, May 26, 2009

Related Web Resources:
Palm Beach International Raceway

Go-Kart operating tips

This week, lawmakers, safety experts, law enforcement officials, and members of the public turned the spotlight on distracted driving. More than 250 people attended the US Department of Transportation’s Distracted Driving Summit, which focused on the dangers of multitasking while driving. Cell phone use and texting while driving, now the main means that many people communicate, were among the primary distracted driving habits that were discussed.

Statistics from 2008, provided by the National Highway Traffic Safety Administration, reported close to 6,000 distracted driving deaths and more than half a million injuries. During any day last year, over 800,000 drivers used a handheld cellular phone while behind the wheel.

On Wednesday evening, President Obama signed an executive order banning federal workers from texting when they are riding a government-owned motor vehicle or while driving while on the job. Yesterday, the Obama Administration announced that it will press US states to pass distracted driving laws. The government also says that it is working on banning interstate bus drivers and truck drivers from text messaging while driving.

According to Virginia Tech researches, reaching for an electronic device or dialing a phone increases any driver’s crash risk by 6 times. Truckers who text increase their truck accident risk by 23 times. Car and Driver magazine says texting while driving is even more dangerous than driving under the influence of alcohol.

There are no laws in Florida banning people from texting or that restricts cell phone use while driving. This means that Florida motorists are free to engage in both activities without fear of any legal repercussions—but that doesn’t mean that there are no tragic consequences that can ensue.

As US Transportation State Ray LaHood reminded summit attendees, it only takes a few seconds for a catastrophic car accident to happen. It takes many distracted drivers even longer to dial a cell phone, read text messages, fiddle with an iPod, surf the web, paint their nails, or read a magazine.

Distracted drivers can be held liable for Florida personal injury or wrongful death.

Texting while driving banned for federal workers, Los Angeles Times, October 2, 2009

Govt: Nearly 6,000 deaths from driver distraction, AP, September 30, 2009

Related Web Resources:
Distracted Driving Summit, US Department of Transportation

National Safety Council

Continue reading "A Few Seconds of Distracted Driving Can Cause Devastation, Says US Transportation Secretary Ray LaHood" »

Through the end of Labor Day weekend on September 7, police in Florida are taking aggressive measures to search for and arrest anyone found driving while impaired. The crackdown is part of a nationwide campaign called “Drunk Driving. Over the Limit. Under Arrest. People that are caught speeding or riding in a vehicle without using a seatbelt will also be apprehended.

In Florida, Labor Day weekend is considered one of the deadliest periods of the year for drivers. Last year, 36 people died in Florida traffic accidents during this long weekend and alcohol was a factor in 12 of those fatalities.

Also in 2008, there were over 22,000 alcohol-related Florida car accidents resulting in over 1,100 traffic deaths and over 15,700 injuries. The Florida county with the largest number of auto crashes involving alcohol was Miami-Dade County with 1,898 traffic accidents and 85 motor vehicle deaths involving alcohol.

Sobriety checkpoints have been set up in different locations throughout Florida and saturation patrols will be out in force.

Drunk driving continues to be one of the more common causes of South Florida traffic accidents and the rest of the United States. It doesn’t help that binge drinking continues to be a habit “on the rise” and not just among younger people.

A new study found in the American Journal of Psychiatry is reporting that in the 50-64 year-old age group, nearly 1 in 10 women and 1 in 4 men are “binge” drinkers. Binge drinking is a habit that makes a motorist more prone to cause a drunk driving accident if he or she decides to get behind the wheel of a motor vehicle while intoxicated.

The number of women arrested in the US for drunk driving has also increased. Nationally, about 2,000 traffic deaths a year involve a female drunk driver. 162,493 women were arrested for DUI in 2007, compared to the 126,000 female DUI drivers in 1998.

Drunk driving accidents often result in catastrophic injuries and deaths. A person injured in a South Florida car accident in Miami, Hollywood, Naples, Palm Beach, or Ft. Lauderdale because another driver was intoxicated may have grounds for filing a personal injury lawsuit.

Transportation Secretary Ray LaHood Kicks Off Nationwide Enforcement Crackdown on Impaired Driving. Releases New Report Highlighting Increasing Number of Impaired Female Drivers, NHTSA, August 19, 2009

Binge drinking: It's not just for kids anymore, Los Angeles Times, August 17, 2009

Florida Law Enforcement to Launch Statewide Crackdown on Impaired and Unsafe Driving, Chipley Paper, August 21, 2009

Related Web Resources:
Florida DUI and Administrative Suspension Laws, Florida Department of Highway Safety and Motor Vehicles

2007 Drunk Driving Statistics, Alcohol Alert

The parents of one of the teenagers killed when the Jeep Grand Cherokee they were riding struck a John Deere loader in a construction zone say they plan to sue the contractor who was doing road work that evening for their son’s Florida wrongful death. 16-year-old Connor Graver was one of the three victims killed in the deadly Martin County, Florida car crash, which occurred at around 2am on August 4.

The other two victims are 18-year-olds Nicholas Coady, who was driving the sport utility vehicle, and Christopher Briglio. The front-end loader driver did not sustain any injuries from the car-tractor crash, which occurred on Cove Road close to Stuart.

The Florida wrongful death lawyer who is representing Graver’s parents say that that the contractor should have closed the lane where construction work was taking place, as well as placed a flagman or flashing lights in the area to let motorists know that it was important they slow down and exercise caution.

Construction Zone Deaths
While the number of construction deaths went down by 17% in 2007 compared to 2006, there were still 835 highway construction zone deaths that occurred in 2007—that’s 2.3 fatalities/day. Four out of every five construction zone deaths are motorists.

The government entity, construction company, or contractor involved in a construction zone project must make sure that the zone is marked and easily visible so that drivers know that because construction work is taking place they need to slow down and possibly maneuver around the job site. Setting up orange cones, signs indicating reduced speed limits, or other warning signs and/or appointing a worker to redirect traffic are just a few ways to decrease the chances of a Florida car accident happening in a construction zone. Construction workers, truck drivers, and others employed to work at the site should also exercise caution so they don’t accidentally cause a motor vehicle crash.

Although there are construction zone accidents that do occur because a driver failed to heed the safety barriers and warning signs, work zone accidents can also occur because the construction company or one of its workers was negligent or reckless. In these types of instances, it may be necessary to file a Florida wrongful death complaint or a personal injury lawsuit if someone got hurt or died as a result.

Families, friends mourn three teenagers killed in Stuart accident, TC Palm, August 7, 2009

Lawsuit Anticipated in Deadly Crash, CBS 12, August 7, 2009

Related Web Resources:
Driver Education: Construction Zone Safety, National Safety Commission, July 10, 2009

Florida Department of Transportation

According to the latest state figures, in the year ending June 30, 2008 Florida ranked #2 in the nation for the most cesarean deliveries. According to some obstetricians, these figures are a little high, especially considering that C-sections are more likely than natural births to lead to medical side effects and complications.

In South Florida alone, C-sections made up 41% of the births in Palm Beach County and 43% of the births in Broward County. Yet some South Florida doctors deliver 75% of their babies by C-section. At Holy Cross Hospital in Ft. Lauderdale and Palms West Hospital in Loxahatchee, 50% of deliveries are by cesarean.

One reason for the rise in C-section births is that hospitals and obstetricians in South Florida are worried that they could be sued for medical malpractice if anything goes wrong during delivery. Most doctors won’t allow a woman to deliver a baby naturally if she’s already had a C-section. Mothers that are obese or that are suffering from diabetes or other health issues are normally urged to undergo C-sections. Multiple births and breech births are often performed via cesarean. Doctors and parents may even opt to have a C-section delivery in order to accommodate their busy schedules—picking out the most convenient date for the baby’s birth.

Yet while cesarean births may prevent certain immediate risks, other side effects could come into play. Babies delivered by C-section may end up in intensive care, and anesthesia reactions and infections from the surgery can occur. Moms that deliver by C-section more than once risk abnormal placental growth that could lead to complications.

According to Boston University School of Public Health researcher Eugene Declercq, some doctors that perform C-section deliveries would be hard pressed to offer medical reasons for why they did not deliver the babies naturally. Some insurance companies are even calling on doctors to ease up on the number of C-section births because of the expense and the possibility of future complications.

Obstetricians and gynecologists, like other medical providers, can be held liable for medical malpractice if error or negligence led to a baby getting hurt or suffering from health problems. Examples of complications that can lead to a birthing malpractice claim include:

• C-section complications
• Preeclampsia
• A ruptured uterine
• Toxemia
• Forceps injury
• Failure to properly monitor the fetal heart rate
• Failure to perform C-section as soon as it is needed
• Errors involving vacuum extraction

Florida is second in nation for C-sections, Sun-Sentinel, June 8, 2009

South Florida C-section rates too high, Examiner.com, June 9, 2009

Related Web Resources:
Understanding C-Sections, Parents.com

Repeat Cesareans May Put Babies At Risk, EmaxHealth.com, June 10, 2009

12-year-old Pulio Chirino died today after he was hit by an SUV. Chirino, a West Palm Beach resident, was riding his bicycle to school when the tragic South Florida motor vehicle accident happened.

According to early police reports, the 5th grader was riding his bike into an intersection when the SUV hit him, dragging him at least 25 feet. Witnesses say he was wearing a helmet but that the protective gear fell off during the auto crash. Chirino was flown to Delray Medical Center where he was pronounced dead.

Witnesses say he may have been crossing against the light, meaning that drivers would have had the right of way at the time of the deadly West Palm Beach bicycle accident. A crossing guard wasn’t available to monitor the intersection.

The law enforcement officer in charge of assigning crossing guards to the area says that students who live in the vicinity where Julio’s family has a home usually go to a different school than the one that the 12-year-old attended. However, it is not uncommon for students in Palm Beach County to go to schools in other zones.

National Highway Traffic Safety Administration 2007 Facts:
• 698 pedalcyclists died in US motor vehicle crashes in 2007.
• 91 fatalities were kids belonging to the 14 and under age group.
• 73 of these 91 deaths were young boys.
• About 43,000 pedalcyclists sustained injuries in US motor vehicle crashes.
• 10,000 of these injury victims were age 14 or younger.

While it is important for Florida motorists to exercise caution when there are pedestrians and bicyclists in the area, they must be extra careful around child pedestrians and bicyclists who may not be as experienced as their adult counterparts when it comes to safely navigating their way across streets and intersections and around motor vehicles.

If your loved one is a child pedestrian or a bicyclist who was seriously injured in a South Florida car crash, you should speak with an experienced West Palm Beach personal injury lawyer about your case.

West Palm Beach boy on way to school struck, killed by SUV, Palm Beach Post, April 14, 2009

Children, 2007 Traffic Safety Fact Sheet, NHTSA

Related Web Resources:
Bicycle Safety, Myths and Facts, American Academy of Pediatrics

Pedestrian and Bicycle Information Center

Continue reading "12-Year-Old West Palm Beach Bicyclist Dies After He is Hit by SUV" »

In Florida, a woman whose now 8-year-old daughter was handcuffed by police in 2005 when she had a tantrum as a kindergartener is suing the Pinellas County School Board and Fairmount Park Elementary for personal injury to a minor. The plaintiff, 27-year-old Inga Akins, says the girl is severely traumatized over the incident and is expected to undergo long-term therapy.

Video footage shows the former St. Petersburg kindergartener in the classroom while making a mess, stepping on a desk, and punching assistant principal Nicole DiBenedetto. St. Petersburg cops are also seen telling the girl to calm down. By this time, however, the girl, then 5, suddenly becomes quiet and sits at the assistant principal’s table. Yet three cops reportedly stood her up, placed her hands behind her back, and put handcuffs on her wrists. The girl is seen screaming.

She was placed in the back of a police car until the State Attorney’s Office told police that they would never prosecute a 5-year-old. The girl was then released to her mother.

Akins’s Florida personal injury lawsuit accuses the defendants of malicious prosecution, negligence, violating her daughter’s civil rights, failing to have the proper procedures instituted for dealing with disciplinary issues, and inadequately training school staffers to deal with such incidents. The complaint also says that the school should have taken steps to calm down the former kindergartener, rather than leaving her with the assistant principal, who she was scared of because of another incident that occurred that year.

Akins had reportedly complained to the school that she didn’t like the way the assistant principal dealt with her daughter and found her to be too harsh. Police had been called to the school to deal with her daughter’s behavior at least once before.

Florida schools are supposed to make sure that the students placed in their care are not harmed in any way. This includes making sure that systems are in place to keep children safe, properly training teachers and other staffers to deal with those placed under their charge, and making sure there is adequate security on the premise so that no one can assault or inflict any other kind of harm on the school kids. Failure to exercise these duties of care can be grounds for a Florida personal injury lawsuit. A premises liability claim might also be made if there were unsafe or hazardous conditions on the school property, such as toxic substances, defective playground equipment, electrical hazards, or other dangers that could cause injury or death to a student.

Lawsuit filed over 2005 Pinellas school handcuff incident, Sun-Times News Group, March 31, 2009

Video shows police handcuffing 5-year-old, St Petersburg TImes, April 22, 2005

Related Web Resources:
Watch the Video

Pinellas County School Board

In Florida, the Lauder Lakes mother and father of an infant girl that died after the state removed her from their home are suing the Florida Department of Children & Families, the nonprofit agencies in charge of managing foster care in Miami-Dade County and Broward County, and His House Inc., the owner of the Florida-licensed group home Landmark Shelter for her wrongful death. Madison Ariel Coley was just 4-weeks-old when the state took her and two of her brothers from her parents in February 2007 for what they said was their own protection following allegations of medical neglect and physical endangerment because a firearm was put in a place that was easily accessible for the older children.

Nine days later, Madison was found dead in a crib at Landmark Shelter. She was on her stomach and a blanket was covering part of her face. Authorities say that five hours had passed since anyone had come to check on her and when someone finally did she wasn’t breathing. Florida officials say her cause of death was accidental suffocation.

Her parents, Jossalyn Crawford and Michael Coley, are alleging that workers at the Florida shelter should have known better than to leave an infant loosely wrapped in a blanket. Their wrongful death lawsuit, filed in Broward Circuit Court, seeks unspecified damages.

A probe by th DCF found no evidence of wrongdoing or negligence on the part of shelter workers and the department has called Madison’s death a tragic accident. However, the DCF also doesn’t think anything could have been done to prevent the fatal accident

Crawford says she has had several nervous breakdowns since her daughter's death.

According to ChildDeathReview.org, suffocation-related child fatalities occur when a young child or baby is put in a position where he or she can't breathe.

Common causes of child suffocation accidents:
• Positional Asphyxia
• Overlay: accidentally rolling onto or over a child
• Covering over a child’s chest or face
• Choking accidents
• Confining a child in an airtight space
• Strangulation

Lauderdale Lakes parents suing DCF over daughter's death at group home, Sun-Sentinel, February 18, 2009

Suffocation Fact Sheet, ChildDeathReview.org

Related Web Resources:
Florida Department of Children & Families

His House Inc.

The Florida Highway Police say that five children sustained critical injuries early Saturday, during a two-vehicle auto collision on Interstate 95 close to Hobe Sound. As of Sunday, Syntyche Jacques, 7, was in “very grave condition,” while the four other children, Luke Jacques, 9, Carlo Jacques, 10, Ricky Jacques, 9, and Mose Jacques, 4, were in stable condition after undergoing surgeries at St. Mary’s Medical Center in West Palm Beach.

The Florida motor vehicle crash occurred at around 4:30am on Saturday when the Honda Accord the kids were riding in spun out of control and collided with a Dodge truck, driven by Port St. Lucie resident Jaime Alfred Jaramillo. The 41-year-old driver, who left the accident scene, was later apprehended by police and is now being held without bail in Martin County Jail.

Jaramillo claims he fell asleep at the wheel. His vehicle had swerved into a construction zone before getting back onto the street. Police are waiting for toxicology results, but they say alcohol does not appear to have been a factor in the two-vehicle crash. Also injured in the South Florida car accident were the Honda’s driver, Igline Henry, and passenger Rose Henry.

According to the National Highway Traffic Safety Administration:
• Auto crashes are the number one cause of death for kids, ages 8 to 14 and 3 to 6.
• Each day in the US last year, about 5 kids, age 14 and under, died and 548 others were injured in traffic accidents.
• 1,670 kids, age 14 and under, died in motor vehicle collisions last year.
• 245 of those fatalities involved a drunk driver.
• 29 of the kids, age 14 and under, who died in drunk driver-related motor vehicle crashes last year, were pedalcyclists or pedestrians.

Personal Injury Protection only provides so much coverage for injuries sustained by Florida car crash victims.

Five children were in car that collided with truck on I-95 on Saturday, Sun-Sentinel.com, December 15, 2008

Port St. Lucie driver says he fell asleep at the wheel before crash injured 7, TC Palm.com, December 15, 2008

Related Web Resources:

National Highway Traffic Safety Administration

Florida's Motor Vehicle No-Fault Law

Continue reading "Five Boynton Beach Children Injured in Florida Car Crash on I-95" »

A Florida judge has approved the birth defects personal injury settlement between tomato grower Ag-Mart and the family of 3-year-old Carlitos Candelario, a boy who was born without legs or arms. Under the terms of the agreement, Ag-Mart will cover all of Carlitos’s medical costs and provide financial support for life. His medical expenses are expected to run in the millions of dollars.

Carlitos’s parents, Francisca Herrera and Abraham Candelario, worked as tomato pickers for Ag-Mart in fields that were sprayed with pesticides. They filed a birth defects lawsuit against Ag-Mart in 2006, claiming that the pesticides that Herrera had been exposed to during her pregnancy caused his birth defects.

Their personal injury lawsuit claims that at least three of the pesticides sprayed over the fields had caused deformities in lab animals when used on them in high doses. Florida and North Carolina health officials, however, found no connection between the pesticides and the birth defects.

Carlitos is one of three babies with birth defects, born in 2005, whose parents picked tomatoes for Ag-Mart and lived in Immokalee.

An expert testified that Francisca had been heavily exposed to pesticides during the first trimester of her pregnancy. In her deposition, Francisca said that the company forced her to work in fields that were freshly sprayed with pesticide and that pesticides on nearby fields also affected her. Other employees have supported her claims.

Ag-Mart has voluntarily agreed to stop using five products linked to developmental problems in lab animals.

The Shriner's Children's Hospital in Tampa and Miami Children's Hospital have agreed to take care of Carlitos until he turns 18. Doctors are hoping to fit him with prosthetics one day. He continues to use a wheelchair.

The settlement amount is confidential. Ag-Mart continues to maintain that pesticides did not cause Carlitos’s defects.

Our Florida personal injury law firm represents children and their families that have been seriously injured because of the negligence or recklessness of others.

Ag-Mart to pay for limbless child's needs, Palm Beach Post, April 17, 2008

Farmworker Family's Ag-Mart Settlement Amount 'Significant, MSNBC.com, April 16, 2008

Related Web Resources:

Pesticides the Root Cause of Birth Defects in Farmworkers, Palm Beach Post/Organic Consumers Association, March 13, 2005

Pesticides and Pregnancy

Continue reading "Florida-Based Tomato Grower Ag-Mart Settles Birth Defects Lawsuit With Lifetime Financial Support for 3-Year-Old Boy Born Without Limbs" »

11 middle school children were taken to hospitals around the Tampa, Florida area last Tuesday morning, after the school bus they were riding in went off the road and ran into the treeline on South Falkenburg Road in Riverview.

About 30 kids were on the bus at the time of the accident. Police say that the driver may have struck a curb and lost control of the large motor vehicle.

Bus driver Eugenie Schuler, was given a citation for careless driving. The students all study at Giunta Middle School in Riverview.

School Bus Accidents
According to national data from 2006, some 17,000 school kids are sent to emergency rooms because they were injured in a school bus-related accident. 25% of those accidents occurred while a child was getting on or off the bus.

Injuries can range from minor cuts and bruises to broken bones, disfigurement, and wrongful death. Bus driver error, mechanical failure, speeding, drunk driving, dangerous roads, improper maintenance, and driver negligence are some common causes of school bus accidents.

When parents puts their child on a school bus, they very likely have the expectation that their son or daughter is in safe hands. It can be especially traumatic for a child and his or her family when a serious injury results while going to or coming home from school. If your child is injured in a school bus-related collision, you could have grounds for filing a personal injury lawsuit.

Injuries to Minors
In Florida, you must be 18 years of age or older to file a personal injury claim or lawsuit. Otherwise, a parent, guardian, or another adult must file the claim for you. This will allow your child to get the compensation that he or she needs for the medical care required for recovery.

If your child is injured in a school bus crash, you should speak with a personal injury lawyer first before speaking to the school, the school bus company, or with any insurance companies. A personal injury attorney can apprise you of your rights and prevent you from reaching a settlement that is less than what you deserve and doesn’t take into account all the costs, pain, and suffering associated with your child’s bus injury.

School bus driver cited in Riverview crash, Tampabays10.com, September 4, 2007

School bus injuries much higher than thought, MSNBC.com/AP, November 6, 2007

Related Web Resources:

Opinions vary on school bus seat belts, Pantagraph.com, September 7, 2007

Traffic Safety, NHTSA

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