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A Woman and A Horse Killed in Florida Hyperbaric Chamber Blast
From rss.justia A 28-year-old woman and a horse have died following a hyperbaric chamber blast at an equine therapy center in Florida. KESMARC Florida is located in Ocala, Marion County.According to fire rescue officials, the explosion occurred on Friday morning. The woman that died from her injuries is Erica Marshall. She was in charge of running the chamber. A second person, Sorcha Moneley, was taken to the hospital for treatment of her traumatic injuries. The blast caused the equine rehabilitation facility to partially collapse. Hazmat crews arrived at the blast scene. According to one Marion sheriff detective, the blast happened after the horse, which was in the chamber receiving treatment for a condition, kicked off a protective shield. When it did this, its steel shoe hit the chamberas side, which caused a spark that immediately started a fire. Because the animal had been in the chamber on multiple occasions in the past, and each time had been uneventful, no one had administered a tranquilizer to him. There were about 30 horses at the KESMARC this morning. One other horse was also injured. Surprisingly, todayas incident is not the first deadly Florida hyperbaric chamber accident to happen. In 2009, a 4-year-old boy and his 62-year-old grandmother were killed in a Lauderdale-by-the-Sea accident. The boy, Francesco Martinisi, had been undergoing therapy to treat his cerebral palsy, when a blast at the Ocean Hyperbaric Oxygen Neurologic Center, caused a tube attached to the chamber to explode, creating a flash fire. Vincenza Pesce had been there to accompany grandson while he underwent treatment. Their family would go on to file a Lauderdale-by-the-Sea wrongful death lawsuit against the clinic and building owner Ocean Medical Center. The Broward County, Florida wrongful death complaint accused clinic workers of neglecting to take reasonable safety measures that would have protected the victims from the blast. They also claimed negligence over an alleged failure to warn patients about the potential fire risks involved. If Marshall was employed by KESMARC, then there is a good chance that her family could not sue the facility. However, there may be other liable partiesadepending on the specifics of what happened. Miami Premises Liability and Wrongful Death Each case is different, and our Miami injury law firm can help you determine whether you have a claim you may want to pursue. While pursuing recovery may seem like a daunting task, having an experienced South Florida personal injury lawyer helping you can make the experience a lot easier and manageable as you will have someone handling the process and fighting for your rights. At Trop & Ameen, PA, we know that nothing will make up for your loved oneas death. We may, however, be able to help you hold the responsible party or parties accountable while obtaining you some financial relief. Woman, horse killed in hyperbaric chamber explosion in Ocala, The Palm Beach Post, February 10, 2012 Family sues over hyperbaric explosion, Sun-Sentinel, July 3, 2009 Florida Wrongful Death Lawsuit Blames Improperly Installed Guardrail for Fatal Car Crash, Florida Injury Attorney Blog, January 6, 2012 NHTSA Reports 2,445 Florida Traffic Deaths in 2010, Florida Injury Attorney Blog, December 8, 2011 Florida Auto Pile Up Kills 11, Injures At Least 18
From rss.justia A series of Florida car crashes earlier this week on I-75 has claimed the lives of 11 people, injuring at least 18 others. The collisions, which are being described as a massive auto pileup, all happened south of Gainesville at around 4am on Sunday. Heavy fog and brush fire smoke played a role in creating less than ideal conditions on the road that morning. According to the Florida Highway Patrol, seven tractor-trailers and 12 cars were involved in different accidents, which occurred on both sides of the highway. In one collision, a tractor-trailer and two cars caught fire, melting asphalt. There also were crumpled cars on both southbound and northbound lanes and on the shoulders. Media reports describe the disaster area as being a mile long. Visibility was so bad that at first rescuers could only find victims by listening for them. They spent the day spraying foam onto wrecked multi-vehicles, while some victims had to be pried out of their autos. As of Thursday, eight of the people who were injured were still in hospitals. One of the victims still in fair condition is 15-year-old Lidiane Carmo, who lost her parents, brother, and sister in the Florida car accident they were involved in. Just hours before the Florida auto pileup, authorities had closed off an area of the highway following a three-auto collision that caused one serious injury. According to authorities, they reopened the area just minutes before the collision. One witness said you could hear vehicles striking each other while people were screaming and crying. Steven R. Camps is quoted by the AP as describing the scene as looking alike the end of the world.a The National Highway Transportation Board has investigators working to determine what caused the deadly pileup. While poor weather conditions canat be blamed on anyone, in a situation such as this it is important to determine whether negligence played a factor in allowing the pileup to happen. Should the area of I-75 have remained closed following the first Florida car crash? Were there vehicles that were speeding, a driver who was driving drunk, or any other recklessness or carelessness that occurred that made it easier for an accident to happen in light of the bad driving conditions? If you were injured in Sundayas I-75 pileup or someone you love died as a result of it, you should speak with an experienced Florida car accident lawyer immediately. There may be more than one party that should be held liable. In some cases, it may be a government entity or property owner that could/should have acted in a way that would have prevented your motor vehicle crash from happening. Trop and Ameen, PA represents victims their families injured in South Florida truck crashes, auto crashes, pedestrian accidents, bus accidents, motorcycle collisions, and other types of accidents. Your first consultation with our Miami car accident law firm is free. We have other law offices conveniently located in Naples, Hollywood, Boca Raton, Coral Springs, and West Palm Beach. Questions remain in deadly Florida highway crash, AP, February 1, 2012 8 remain hospitalized after fatal Florida pileup, CNN, February 2, 2012 More Blog Posts: With Safety Officials Calling For Tougher Stance Against Distracted Driving, Florida Lawmakers May Follow Their Lead, FIorida Injury Attorney Blog, December 29, 2012 NHTSA Reports 2,445 Florida Traffic Deaths in 2010, FIorida Injury Attorney Blog, December 8, 2011 This week, Rep. Rep. Gabrielle Giffords (D-Ariz.) handed in her resignation from the US Congress. The 41-year-old congresswoman sustained a traumatic brain injury over a year ago when she was shot in the head outside a Safeway in Arizona. The shooter, Jared Lee Loughner, injured 19 people on January 8, 2011, killing six of them. While Giffords has made remarkable progress since that day, she still has a long way to go. Traumatic Brain Injury In South Florida, our Miami traumatic brain injury law firm represents clients injured in motor vehicle crashes, premises liability accidents or as a result of medical malpractice, defective products, or nursing home abuse. Or other personal injury related accidents. We know the financial and emotional toll that a TBI can take on the victim and his/her loved ones. Depending on the severity of oneas brain injury, recovery can come quickly or not. There are two main kinds of TBIs: Penetrating Injuries: A foreign objects enters the brain, causing brain damage. The symptoms are different depending on which part of the brain suffered damage. Serious brain injuries can lead to cognitive difficulties, communication problems, memory loss, confusion, expressive aphasia, vision loss, receptive aphasia, sensory issues, hearing problems, chronic pain, seizures, paralysis, sleep problems, spasticity, personality changes, brain death, depression, coma, and death. Treatment, surgery, rehabilitation, and ongoing care for a TBI can be costly. The victim may no longer be able to work or maintain the same quality of relationship as he/she did with loved ones and friends prior to the accident and medical bills may accrue. Gabrielle Giffords Resigns From Congress, ABC News, January 25, 2012 Sarah Burke dies from injuries, ESPN, January 20, 2012 More Blog Posts: West Palm Beach Artist Awarded $2.1 Million for Traumatic Brain Injury from Car Accident, Florida Injury Attorney Blog, May 27, 2008 Hulk Hogan Is Sued In Florida Personal Injury Lawsuit By Family Of Man Seriously Hurt in Car Crash With Wrestleras Son, Florida Injury Attorney Blog, March 24, 2008 Did you know that every year, thousands of people die because their doctors failed to diagnose their heart attacks? According to the New England Medical Center, which published a report in the New England Journal of Medicine, one out of 50 heart attack suffers will be mistakenly discharged by ER doctors. Other studies say the rate of failure for misdiagnosing heart attacks is higher. Granted, not every stroke or heart attack is preventable, but considering that heart disease is a leading cause of death in the US, it is important that medical professionals do everything they can to diagnose any symptoms as soon as possible to increase the chances of recovery and minimize any permanent side effects or complications. Contrary to what we see in the movies, not all heart attacks are sudden and intense. Many begin slowly, often starting as mild discomfort or pain. Other signs of a possible heart attack: aC/ Chest discomfort that comes and goes (may include pain, pressure, or squeezing) About 500,000 people die from heart attacks in this country each year. Other complications and long-term effects that can result if someone is lucky enough to survive one may include: aC/ Hypoxaemia One reason that a doctor may fail to diagnose a heart attack is because the symptoms can be misidentified as signs of another condition/illness or even as nothing much to be concerned about. A doctor may neglect to conduct the proper test or misread test results. Obviously, the sooner a heart attack is treated the better. In South Florida, please contact our Coral Springs heart attack malpractice law firm if you believe that a heart attack could have been prevented or diagnosed sooner. According Jury Verdict Research, the highest malpractice payouts have come from lawsuits over missed heart attack diagnoses. In 2006, USA Today reported that the median jury verdict for heart attack malpractice lawsuits was $941,000, with the highest, an Illinois case, hitting $9 million and the lowest, an Oklahoma case, ending in an $81,000 award. Most heart attack malpractice settlements are a result of mistakes in diagnosis. Unfortunately, stroke misdiagnosis also happens, as doctors overlook or wrongly diagnose its symptoms, which can include loss of balance, dizziness, blurred vision, weakness or numbness on one side of the body, severe headaches, confusion, problems walking, and swallowing difficulties. A stroke may result in brain damage, muscle movement loss, paralysis, problems while swallowing or talking, memory loss, comprehension difficulties, changes in behavior, physical pain or numbness. When a heart attack goes undiagnosed, USA Today, November 4, 2008 Heart Attack Warning Signs, NIH.gov Stroke, Mayo Clinic Miami Medical Malpractice: Wrong Site Surgeries Can Lead to Catastrophic Consequences, Florida Injury Attorney, October 6, 2011 Broward County Medical Malpractice Lawsuit Filed in Womanas Liposuction Death, Florida Injury Attorney, November 9, 2011 Florida Wrongful Death: FAMU Band Memberas Family to Name Bus Company in Lawsuit Over Fatal Hazing
From rss.justia In November, our Fort Lauderdale personal injury law firm published a blog post about how Robert Championas family was intending to file a wrongful death lawsuit naming Florida A&M University as the defendant. Champion, 26, died after he was brutally hazed. Last month, the his death was declared a homicide. This week, Championas parents and their lawyer told the Associated Press that they plan to sue the Fabulous Coach Lines, the owner of the bus where Champion is believed to have been hazed. They have said that because of the bus companyas negligence, students were able to reenter the bus and conduct their hazing rituals. (Fabulous Coach Lines owner Ray Land has said that company staff did everything they could to assist once they were told there was a problem.) Officials say Champion became unresponsive onboard the band bus, which was outside a hotel in Orlando, on November 19, 2011. He died from internal bleeding after sustaining blunt force trauma. After Championas death, Julian White, FAMUas band director, was suspended, as were the bandas upcoming performances. At least one student has since come forward to file a Florida personal injury lawsuit claiming she too suffered injuries, including a broken thigh bone, after other FAMU band members hazed her. In Florida, hazing is considered a felony crime. In a statement issued through his lawyer, White said that he believes that Champion was beaten because he was gay and not because he participated in a hazing ritual, the drum majoras parents and their lawyer, disagree. They claim that attempts to frame their sonas death as a ahate crimea rather than a ahazing crimea are attempts by the band administration and the band to abscond responsibility for his death. Florida Wrongful Death Persons that can file a Fort Lauderdale wrongful death claim include the deceasedas spouse, kids, and any living parents. If there are any blood relatives or adopted siblings that were at least party dependent on the decedent for services or support (money, contributions in kind), they also may be considered survivors for purposes of bringing this type of civil claim. A Florida wrongful death lawsuit may seek damages not just for the loss of the decedent, but also for loss of support and services, companionship, mental anguish, pain and suffering, medical costs, funeral expenses, cremation bills, loss of income, and possibly other losses. Robert Championas family will sue owner of bus where FAMU student died after hazing, Washington Post, January 10, 2012 Homicide ruling in case of Florida A&M drum major Robert Champion, CBS News, December 16, 2011 More Blog Posts: Florida Wrongful Death Lawsuit Blames Improperly Installed Guardrail for Fatal Car Crash, Florida Injury Attorney Blog, January 6, 2012 Lauderhill Wrongful Death Lawsuit: Family Says Liposuction Procedure Caused Fatal Embolism, Florida Injury Attorney Blog, May 11, 2011 Florida Wrongful Death Lawsuit Blames Improperly Installed Guardrail for Fatal Car Crash
From rss.justia The family of Courtney Hendrix is suing the Nassau County Commission for her Florida wrongful death. The 16-year-old was killed last year after the vehicle she was a passenger in struck a guardrail before colliding with a sport utility vehicle. Seriously injured in the Florida car accident were Hendrix’s 17-year-old stepsister Heather Beninati, who was driving the car they were riding, and 14-year-old Briana Burnsed and her mother 33-year-old Kellie Marie Rosier, who were riding the SUV. They are suing the Nassau County for Florida personal injury. The plaintiffs content that the guardrailas installation did not meet the Florida Department of Transportationas standards. Road Defects Although the Federal Tort Claims Acts provides federal, state, and local entities with immunity from legal liability for an injury or accident, this doesnat mean that a government body is protected from all lawsuits. By speaking with an experienced Hollywood, Florida personal injury lawyer, you can find out if you have grounds for a claim. Unlike typical Florida wrongful death claims (the statute of limitations is two years) and Florida personal injury claims (the statute of limitations is usually four years) the limit for injury cases against government entities can run from 30-180 days in the state. Getting hurt in a Miami car crash can leave the victim and his/her family with serious medical and recovery expenses, income loss, and other losses. There is no reason why you should have to shoulder the burden of all this without holding the responsible parties liable. With Florida traffic accidents, it isnat always the other driver that is at fault. Sometimes, the reason an accident may happen is because a traffic light failed, the way a road was designed makes it hard for vehicles to see oncoming traffic, or a pedestrian lane is not lit well enough lit so that autos can see it. Potholes, too high of a speed limit, and not enough lanes to accommodate traffic are a few other reasons why road-related motor vehicle crashes happen. You want to work with a Palm Beach car accident law firm that understands the nature of road defects and the havoc that they can cause. Although Floridaas Personal Injury Recovery insurance provides some coverage to motorists in the event of an accident, this may not be enough to cover all your related costs when serious injury or death is involved. Holding a government entity accountable for a road defect also allows the problem to become publicly known so that hopefully changes will be made and lives are saved. Families file suit over guardrails, Nassau County Record, November 17, 2011 Nassau County, Florida More Blog Posts: NHTSA Reports 2,445 Florida Traffic Deaths in 2010, Florida Injury Attorney Blog, December 8, 2011 Teen Drivers Continue to Text Despite Knowing the Dangers, Reports Liberty Mutual and SADD Study, Florida Injury Attorney Blog, October 20, 2011 With Safety Officials Calling For Tougher Stance Against Distracted Driving, Florida Lawmakers May Follow Their Lead
From rss.justia At this time, there are no restrictions against cell phone use or texting while driving in the state of Florida. This however, may change, as state legislatures are scheduled to get together early next year to consider a possible ban on texting. Supporters of a texting while driving prohibition may get the extra boost they need following the recent recommendation by the National Transportation Safety Board that all cell phone use while drivingaunless the situation is an emergencyabe prohibited. Although the NTSB cannot make law, its recommendations are strongly considered by lawmakers. The safety board has even called distracted drivers a threat to public safety, and although there are other distracted driving behaviors that can also lead to car crashes, talking on a cell phone and texting while driving appear to be two habits that many people canat seem to quit. In South Florida, our Miami personal injury law firm represents clients injured or who have lost loved ones in all types of traffic crashes. According to the National Highway Traffic Safety Administration, distracted driving played a role in at least 3,092 US motor vehicle crashes last year. The federal safety agency recently released its findings from its first national survey tracking the publicas awareness, attitudes, and behavior regarding texting, cell phones, and driver decisions. 6,002 adult respondents (18 and older) took part in the phone survey. Interviews took place during the last two months of 2010. Per the surveyas findings: aC/ Most motorists donat like it when other drivers text and drive, but they think that they are safe when they are the ones doing it. Texting and driving are not the only distracted driving behaviors that can cause injury or death. Reading a book or magazine, surfing the Internet, inputting information onto your navigation system, putting on makeup, and even eating have been known to cause motor vehicle collisions. National Distracted Driving Telephone Survey Finds Most Drivers Answer The Call, Hold the Phone, and Continue to Drive, NHTSA, December 2011 (PDF) Distracted Driving, National Safety Council Teen Drivers Continue to Text Despite Knowing the Dangers, Reports Liberty Mutual and SADD Study, Florida Injury Attorney Blog, October 20, 2011 Florida Products Liability: Bill Could Make It Harder for Victims to Win Damages from Auto Manufacturers, Florida Injury Attorney Blog, May 4, 2011 Miami-Dade Grand Jury Calls on State to Fight Florida Nursing Home Abuse and Neglect with Tougher Penalties
From rss.justia A Miami-Dade grand jury says that the state is not doing enough to fight Florida nursing home negligence. The grand jury issued its report, aALFs: a Call for Greater Interagency Communication and a Cry for More Citizen Volunteers,” earlier this month after a two month-investigation that was instigated following a series of articles in the Miami Herald called Neglected to Death. The newspaper reported that even though at least 70 frail elderly seniors have died from nursing home neglect or abuse in the last decade, almost all of the assisted living facilities where the deaths occurred were allowed to stay in operation. The grand juryas report blames the Agency for Health Care Administration for allowing dangerous assisted living facilities to stay open and not taking more effective action to protect nursing home patients by cracking down on abusers, rogue operators, and troubled facilities. The jurors said that seeing as there has been an aexplosiona in the number of ALFas in the last five years, the state needs to do a better job of enforcement to prevent Florida nursing home abuse and neglect. Other recommendations by the grand jury (as reported by the Miami Herald): Our Miami nursing home abuse and neglect lawyers have seen firsthand the devastating effect that mistreatment and poor nursing care can have on a patientas health and emotional well-being. The state must do everything possible to provide consequences so that negligent ALF operators buckle down and do a better job of taking care of our sick and elderly. If you suspect Miami nursing home negligence, you should immediately remove your loved one from the unsafe environment and report what happened. Tell the authorities and speak with a Miami-Dade County personal injury law firm. Florida must crack down on elderly abuse MIAMI HERALD EDITORIAL | Grand jury confirms lax oversight exposed in Heraldas series, Bradenton.com, December 17, 2011 Grand jury demands Florida get tough on ALF operators, Miami Herald, December 8, 2011 Read the report (PDF) More Blog Posts: St. Lucie County Wrongful Death Lawsuit Claims Florida Nursing Home Negligence Contributed to Womanas Fatal Drowning, Florida Injury Attorney Blog, August 4, 2010 Broward County Wrongful Death Lawsuit Against Home Care Provider Alleging Elder Financial Fraud and the Murder of 89-Year-Old Woman, Florida Injury Attorney Blog, July 1, 2010 Agency for Health Care Administration Laparoscopic surgery is a common procedure used to perform hysterectomies, hernia repair, gynecological surgery, gallbladder removal, and certain intestinal surgeries, including those for treating rectal prolapse, ulcerative colitis, serious constipation, diverticulitis, and Crohnas disease. Considered a aminimally invasivea procedure that involves small incisions, the insertion of ports, a video camera, and thin instruments, laparoscopic procedures are said to result in less post operative discomfort, faster recovery time, smaller scars, and not as much internal scarring. Unfortunately, as with any kind of surgical procedure, medical mistakes can happen, which can lead to serious laparoscopic injuries. Also, laparoscopic surgery has been known to significantly up the risk of surgeon-induced injuries. If you believe that your injuries are a result of mistakes made during your laparoscopic surgery, our Miami medical malpractice law firm would like to hear from you. Medical errors during laparoscopic procedures can lead to: Unfortunately, not all doctors that perform laparoscopic procedures are properly trained or even have the skills and experience to safely perform this type of surgery. When West Palm Beach medical malpractice happens it is the patient that suffers. For example, injury to the bile duct can leave someone a biliary cripple and he/she may require medical monitoring, additional surgeries, and possibly a new liver. Often this type injury can occur when a surgeon accidentally cuts the common bile duct because he/she thinks that it is the cystic duct. Compromising the blood supply that the duct receives during the dissection process and pinching the bile duct with the improper use of clips to the cystic duct can also cause injury. There are steps that a surgeon can take to prevent injuries during a laparoscopic procedure. However, even the most experienced doctor can make mistakes unless he/she is careful. Your Hollywood, Florida surgical malpractice lawyer should be familiar with laparoscopic procedures and know what evidence he/she should obtain to help build your case. Injuries from a laparoscopic procedure usually ends up costing the patient more in terms of medical bills, time off work, and the physical and emotional toll they can take. By filing a Florida laparoscopic surgery malpractice claim, you may be able to recover compensation from the responsible parties. More Blog Posts: Miami Medical Malpractice: Wrong Site Surgeries Can Lead to Catastrophic Consequences, Florida Injury Lawyer Blog, October 6, 2011 $9M Palm Beach Medical Malpractice Lawsuit Seeks Damages from Obstetrician and Ultrasound Clinics, Florida Injury Lawyer Blog, September 1, 2011 NHTSA Reports 2,445 Florida Traffic Deaths in 2010
From rss.justia According to the National Highway Traffic Safety Administration, there were 32,855 motor vehicle traffic accidents in the US last yearathatas the lowest number since 1949 and a 2.9% drop from the 33,883 people who died in 2009. The number of Florida traffic deaths also went down by 4.5%, at 2,445 fatalities. There were 115 more in 2009. Our Miami motor vehicle crash lawyers represent clients throughout South Florida that were injured in car accidents, truck collisions, motorcycle crashes, pedestrian accidents, bicycle collisions, and bus crashes. Please contact us right away if you think you may have grounds for a claim. Nationally, U.S. Transportation Secretary Ray LaHood applauded the decline in traffic deaths. He spoke about the progress made toward improving traffic safety while acknowledging that there was more to do to protect motorists. More US Traffic Death Facts for 2010: Drunk driving was a factor in 31% of fatalities. Also, not all types of traffic crashes saw a drop. The number of large truck-related deaths went up from 2009 by 6%, and there was a slight increase in the number of motorcycle crash deaths as well. There was also an increase in pedalcyclist fatalities and pedestrian deaths. Regarding accident victims that survived with injuries, NHTSA estimates that the total number of motor vehicle injury victims went up in 2010 to 2.24 million people, which is a 1.2% jump from the 2.22 million that were injured in 2009. Even though Florida provides Personal Injury Protection, if you or your loved one suffered serious injuries in a Palm Beach car accident, you should immediately explore your options by contacting a South Florida injury lawyer. Recovering from a car crash can be tough and costly, as is losing someone you love in a collision. You may not know the extent of your injuries right away, which makes getting a good sense of how much you may ultimately owe in medical and recovery bills tough. This is another reason why you should have an experienced Hollywood, Florida car accident law firm helping you. Obviously, any decline in Florida traffic deaths is a step forward in terms of improving vehicle safety. Unfortunately, every day, someone is involved in a car accident in this country. As experienced Boca Raton personal injury lawyers, it is our job to make sure that our clients receive all the money owed to them by all negligent parties. Updated 2010 FARS data includes new measure of ‘distraction-affected’ fatalities; national attitude survey offers additional insight into problem of distracted driving, NHTSA, December 8, 2011 NHTSA 2010 US Traffic Crash Facts (PDF) Coral Gables Wrongful Death Lawsuit Seeks Damages from 19-Year-Old Allegedly Drunk Driver, Florida Injury Attorney Blog, November 3, 2011 Teen Drivers Continue to Text Despite Knowing the Dangers, Reports Liberty Mutual and SADD Study, Florida Injury Attorney Blog, October 20, 2011 Devon Quigley, the son of PGA golfer Dana Quigley, sustained serious head injuries when his BMW crashed into the back of a semi-truck on Wednesday. The 27-year-old was going home to West Palm Beach at around 11:15pm when the Riviera Beach truck accident happened. Police are trying to determine what happened and who was at fault. Photographs of the Palm Beach County semi-truck crash show Danaas car driving under the rear end of the truck. Truck Underride Crashes Although sometimes truck underride crashes are the fault of a negligent driver, they can also occur because the other driver committed an error. However, even if that happens to be the case, there is the possibility that the truck may have been outfitted with inadequate protections that failed to prevent this type of truck crash from happening. According to the Insurance Institute for Highway Safety, when it tested rear impact guards that met US safety standards, they gave way during crashes. This allowed a smaller vehicle, which was going a mere 35 miles an hour, to drive right under the trailer. The IIHS says that if anyone had been in the auto at the time, he/she would never have survived. In real life, if a Palm Beach truck underride crash could have been prevented if only sturdier rear-end guards had been in place, there could be grounds for a Florida products liability case against the truck manufacturer or the underride guard maker. Anyone injured in this or any type of Palm Beach County motor vehicle crash should contact an experienced Riviera Beach personal injury law firm right away. Son of golf pro critically injured in Riviera Beach crash, Palm Beach Post, December 2, 2011 Truck Underride Accidents: Drivers Endangered When Cars Slide Under Trailers, ABC, March 1, 2011 Underride guards on big rigs often fail in crashes; Institute petitions government for new standard, Insurance Institute for Highway Safety, March 1, 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 South Florida Pickup Truck Crash Kills 2 Broward County Teens, Injures Four Others, Florida Injury Attorney Blog, April 20, 2011 The family of Robert Champion is planning on suing Florida A&M University for his wrongful death. Champion, a drum major, died on November 19 following a suspected hazing incident. Christopher was discovered on a bus a day after FAMUas football team lost a game. Police believe that hazing was an incident and the familyas wrongful death lawyer says that the injuries sustained by the 26-year-old are in line with ones someone might suffer from such activities. Following Christopheras death, the schoolas band director was fired and performances for the universityas marching band and music department were cancelled. Florida Governor Rick Scott says the state plans to get involved in the investigation. For now, there is no official cause for Christopheras death. Initial autopsy results came back inconclusive. Unfortunately, hazing involving marching bandsaespecially at black collegesais not uncommon. In 2001, another FAMU student, Marcus Parker, sustained kidney damage after he was beaten with a paddle. There have also been other allegations involving the universityas marching band and music department over the years, including the use of hazing to initiate new members. Hazing is considered a third-degree felony in Florida. Schools and universities are responsible for properly supervising students and student groups and creating a safe environment so that serious injuries or deaths donat occur. When failure to fulfill this duty allows for a student to get hurt or die, the school and others who were negligent can be held liable. One wrongful death case making national headlines is a federal lawsuit filed by the Boca father of Bradley Ginsburg. The 18-year-old, who was a freshman and economics major at Cornell University, committed suicide off a high bridge over Fall Creek in February. Two students followed suit in the weeks after his death. Now, Bradleyas dad Howard Ginsburg, who is also a Cornell alumni member, is suing the school for $180 million. He believes that his son wouldnat have been able to jump if safety measures and barriers had been erected on the bridge. Between 1990 and 2010, there were 27 suicides and two failed jumps from several bridges, including those that are owned by Cornell. Elementary and high schools can also be held accountable for negligence resulting in injuries or death. In South Florida, the family of a high school student who was fatally stabbed in 2009 has reached a $1.8 million Coral Gables wrongful death settlement with the Miami-Dade School Board. Juan Carlos Riveraas family claimed that inadequate security, lax supervision, and other negligent acts allowed the altercation between Rivera and a fellow student to escalate until it turned fatal. In an unrelated case, Randi Vanderheyden recently sued Broward County School District for Coral Springs injuries to a minor after her 12-year-old daughter Breann tried to kill herself. Vanderheyden blames the school for not creating a safe environment, which allowed the girl to be repeatedly bullied. The family is seeking damages for emotional trauma, mental anguish, and medical expenses. Family to sue FAMU following drum major’s death, 11 Alive, November 26, 2011 Boca dad files $180 million suit against Cornell for son’s death, Palm Beach Post, November 26, 2011 Miami-Dade Schools To Pay $1.875 Million In Gables High Stabbing, CBS Miami, November 18, 2011 Mom Sues Over School Bullying, South Florida Times, November 16, 2011 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 $2.4M Palm Beach County Wrongful Death Verdict Awarded to 87-Year-Old Lake Worth Widow, Florida Injury Attorney Blog, April 13, 2011 A private nursing patient is suing A.S.A. Home Care, Inc. for Miami nursing negligence. A private nursing patient is suing A.S.A. Home Care, Inc. for Miami nursing negligence. The patient, who is a paraplegic, claims that a male home health care nurse assaulted him. The plaintiff, known as John Doe, says he rebuffed the nurseas sexual advances right away. Yet, per the Miami personal injury complaint, the nurse persisted, showing the patient porn and giving him a sex toy. The plaintiff says the nurse would take longer than the other nurses to replace his bandages when treating a wound on his back close to his buttock. Although he couldnat feel or see what was happening, the plaintiff said he felt unusual sensations in the genital area. John Doe also says that the nurse sodomized him in 2008. Per the Miami nursing negligence lawsuit, when confronted the nurse begged the patient not to report what happened. The plaintiff is accusing ASA of failing to properly supervise or investigate complaints made about the nurse and not providing a patient with a secure and safe environment. The plaintiff is claiming severe physical, mental, and emotional injuries, humiliation, and shame. He is seeking over $5M in Miami, Florida personal injury damages. Sexual Assault of Nursing Home Patients Nursing patients require specialized care because they need help. This places them in a very vulnerable position when their well-being is being entrusted to others. While many nurses are dedicated to doing a good job, there are those that have been known to exploit their position to inflict intentional harm on patients. Sexual assault, rape, molestation, physical assault, verbal abuse, emotional abuse, and harassment are some intentional acts of violence that an abusive nurse might inflict upon a patient. Because of their disabilities and injuries, many nursing patients are too sick, frail, or unable to report the incidents of abuse or neglect. Some may be too frightened to speak out. If you suspect Miami nursing home abuse or neglect, you should remove your loved one from the dangerous situation immediately and report the incident to the authorities. If the person is a hired home nurse, you should keep him/her away from the patient. The victim may be entitled to Miami nursing home negligence damages for the harm he/she suffered. In Florida, plaintiffs have four years from the date of injury to file their Miami personal injury complaint. Also, the statute of limitations for Miami medical malpractice against medical professionals is within two years of the date of injury or two years from when the injury was/should have been discoveredaunless fraud or misrepresentation or concealment involvedain which case this time frame may be extended. Lawsuit Claims Nurse Assaulted Paraplegic Man, NBC Miami, September 22, 2011 Nursing Home Guide, My Florida.com Nursing Home Watch List, AHCA More Blog Posts: Broward County Wrongful Death Lawsuit Against Home Care Provider Alleging Elder Financial Fraud and the Murder of 89-Year-Old Woman, Florida Injury Attorney Blog, July 1, 2011 Florida Nursing Home Resident Charged With Molesting Female Patient, Florida Injury Attorney Blog, May 12, 2009 Kellee J. Lee-Howardas family is suing surgeon Alberto Sant Antonio for Broward County plastic surgery malpractice. They are alleging Florida wrongful death. Lee-Howard died on February 14, 2010 one day after undergoing liposuction surgery. In their Broward County, Florida surgical malpractice complaint, her family is claiming that Sant Antonio improperly gave her the lidocaine and this caused her death. This summer, Sant Antonio was barred from performing further surgeries after another patient died during liposuction. Maria Shortall stopped breathing right after fat was sucked from her middle area and injected into her backside. Fat pieces entered into her bloodstream, preventing blood from going into her lungs, and that is when her heart stopped. Shortallas family is also blaming Sant Antonio. They claim that the Alyne Medical Rejuvenation Institute, where she underwent the procedure, did not have all of the equipment that the state requires and there was no one present trained to handle the emergency medical situation that arose. The state found that the liposuction procedure was too complicated to be performed at the Weston clinic. Sant Antonio is not board certified to perform plastic surgeries. He also lacks the qualifications to administer anesthesia or deal with the side effects. Unfortunately, there is a growing number of physicians who are performing procedures that are beyond their qualifications or scope of training. One reason for this is that state laws regarding office-based surgeries are usually not strict. For example, in the area of plastic surgery, there are some doctors that perform cosmetic procedures after observing other doctors for a couple of days. USA Today even reports that there are dentists performing breast implants, gynecologists doing tummy tuck procedures, and radiologists performing liposuction. The media publication notes that there are even doctors, such as family practitioner Anil Gandhi, who teach themselves how to do plastic surgery. Gandhi, who can no longer do less asuperficiala procedures, now performs breast augmentation surgery. He also trains other doctors that arenat plastic surgeons on performing cosmetic procedures. That said, there are qualified, trained plastic surgeons that have been known to make serious medical mistakes resulting in serious injuries or deaths. Medical professionals owe patients a duty of care to provide a certain level of service that minimizes the chances of errors. Examples of plastic surgery injuries that can result in Weston medical malpractice: Lack of training can be deadly in cosmetic surgery, USA Today, September 15, 2011 Fat tissue from plastic surgery killed Davie woman, autopsy shows, Sun-Sentinel, September 16, 2011 More Blog Posts: $9M Palm Beach Medical Malpractice Lawsuit Seeks Damages from Obstetrician and Ultrasound Clinics, Florida Injury Attorney Blog, September 1, 2011 Florida Laparoscopic Malpractice: When Small Incisions Lead to Large Injuries, Florida Injury Attorney Blog, July 28, 2011 Coral Gables Wrongful Death Lawsuit Seeks Damages from 19-Year-Old Allegedly Drunk Driver
From rss.justia The family of Eyder Ayala is considering filing suing the Fontainebleau Hotel for her Miami-Dade County wrongful death. The 68-year-old grandmother died last month in a Coral Gables car accident. The driver of the 2011 Audi Q5 that struck her, 19-year-old Ivanna Villanueva, was operating her vehicle at about 80 miles an hour at the time. The University of Miami student has been charged with DUI manslaughter over the deadly crash. Prosecutors say that her BAC was three times the legal limit at .231%. The criminal charge comes with a maximum 15-year prison sentence if she is convicted. Villanueva is now under house arrest. Ayalaas family has already filed a Coral Gables wrongful death case against Villanueva for her awanton disregard for life. Also named as a defendant is the teenageras dad, Luis Villanueva, who the plaintiffs want to hold accountable for her actions. Villanueva used a fake ID to enter a nightclub, which is located at the Fontainebleau Hotel. At age 19, she should not have been in the club or served alcohol but receipts were found showing that she bought two shots of tequila $42. The Coral Gables car accident lawyer representing Ayalaas loved ones say that the family might sue Fontainebleau Hotel, the club, and any other places that served or sold Villanueva alcohol. Floridaas Liquor Liability Laws There are reasons why minors are not allowed to drink alcohol. Restaurants, clubs, and bars must abide by the laws that make it illegal to serve alcohol to people under 21. It is no big surprise when minors procure fake IDas to enter these facilities and there should be procedures and checks in place to prevent this from happening. Drunk driving is a tragedy for everyone involvementathe victim, their loved ones, and the drunken driver, who likely never intended to hurt anyone and whose life will also never be the same. If youave lost someone you love in a Coral Gables motor vehicle crash, you undoubtedly have lots of questions and will want to explore your legal options. The sooner you talk with a Miami-Dade personal injury lawyer the better. Coral Gables Teen Was Drinking at Fontainebleau Club Hours Before Fatal Crash: Lawyer, NBC Miami, October 5, 2011 University of Miami student charged with DUI manslaughter, Miami-Dade, October 25, 2011 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 Jury Awards $2.25M Palm Beach County Wrongful Death Verdict in Fatal 2008 Boynton Beach Car Accident, Florida Injury Attorney Blog, March 16, 2011 The truck accident left several large orange paint streaks down the side of the victim’s car. The pain was the same orange color as the snow plow orange. The reporting officer noted the orange paint and was unable to reach MoDOT for any response. The victim retained our St Louis accident attorneys and we were able to get MoDOt to admit that the snow plow in the area of the accident that night was reported as being damaged on the right side of the snow plow. Damage completely consistent with the auto accident our client reported. Our client sustained injuries to her neck and back, reported to the emergency room and then followed up with her family doctor and received physical therapy for a few months. The victim fully recovered and incurred about $10,000 in total medical bills. Prior to filing a lawsuit MoDOT agreed to settle the truck injury claim for $85,000.00. Personally, I was very pleased with the outcome of this case, we were able to get my client all the medical treatment she needed to fully and completely recover and then settle her case for over 8 times the amount of the medical bills without having to file a lawsuit. The victim int his case was a past client of ours, therefore, she knew to contact us immediately after being involved in an auto accident. Retaining an accident lawyer early on in your case is critical to successful and very favorable recoveries. RELATED ARTICLES: Alton Illinois cyclist Killed by Semi-Trailer Truck Truck Accident Causation – Critical Factors As they have passed the House, both bills now head over to the Senate which previously approved similar measures earlier in this year’s legislative session. The House voted 86-66 for a bill that could reduce protections for employees who report wrongdoing in the workplace. The legislation limits “whistleblower” status to employees who report or refuse to carry out illegal acts. The bill goes further to gut existing protections by limiting who is allowed to receive whistleblower reports as well as capping the amount of punitive damages a whistleblower can recover if an employer retaliates. In Missouri there is no comprehensive whistleblower statue. Instead, law has been made by court cases and whether a person can sue has been decided by judges on the basis of precedent. The sponsor of the recent bill, Rep. Kevin Elmer said it was designed to clarify rules for business owners by putting something on the books officially. Given that the bill is the result of legislative action, the statute would supersede the courts’ earlier decisions. Democrats in the legislature have spoken at length against the bill, arguing that it doesn’t give workers enough protection to allow them to report serious problems. The Democrats also complained about the bill’s exemptions for state and local government entities, including Missouri’s public colleges and universities. On the workers’ compensation front, the House also backed a bill that would bar employees from suing co-workers for on-the-job injuries. This was also passed earlier in the year but vetoed by Nixon. Democrats also spoke against this bill, saying that the law would prevent employees from suing co-workers even for intentionally caused injuries. The Majority Leader, Tim Jones, says that this is an additional vehicle that will be used to help overhaul Missouri’s Second Injury Fund, an account which pays benefits to people with disabilities who sustain additional injuries on the job. A spokesman for the governor said Nixon is negotiating with lawmakers about a workers’ compensation measure, but he declined to comment further. As Saint Louis workers’ compensation attorneys we routinely see the devastating aftermath of accidents at the workplace and worry about protections for employees being diminished. If you’ve been the victim of such an accident and need help navigating confusing legal waters, contact our skilled Missouri injury lawyers today. Source: “Mo. House passes whistleblower, work comp bills,” by The Associated press, published at STLToday.com. See Our Related Blog Posts: Missouri Second Injury Fund Going Broke …….. 2012 Legislative Agenda for Missouri Workers Compensation Missouri and Animal Bite Laws
From rss.justia Fortunately, a Band-Aid was enough first aid to treat the very minor injury. However, many other victims of animal bites are not so lucky. Animals bite millions of people across the United States every year, with dogs being the most common culprits. As a Saint Louis injury attorney, I have represented clients who have suffered both minor and severe injuries due to animal bites. Under Missouri law, the owner of an animal that injures another person could potentially be strictly liable. When the owner of an animal is found “strictly liable” for an attack, that means the owner is at fault just by virtue of the fact that the attack occurred. Strict liability is found when both a) the animal had vicious or dangerous propensities, and b) the defendant owner had knowledge of the animal’s vicious or dangerous propensities. One case went a step further, holding that the owner of a Doberman pincher should have known that his dog was dangerous. Section 322.145 states that “the owner of an animal that bites … shall be liable to an injured party for all damages done by the animal.” Section 273.036(1) further elaborate with the following: The owner or possessor of any dog that bites, without provocation, any person while such person is on public property, or lawfully on private property, including the property of the owner or possessor of the dog, is strictly liable for damages suffered by persons bitten, regardless of the former viciousness of the dog or the owner’s or possessor’s knowledge of such viciousness. Owners and possessors of dogs shall also be strictly liable for any damage to property or livestock proximately caused by their dogs. If it is determined that the damaged party had fault in the incident, any damages owed by the owner or possessor of the biting dog shall be reduced by the same percentage that the damaged party’s fault contributed to the incident… (emphasis added) In other words, the law does heavily favor the victims of animal attacks, so long as those victims did not provoke the attack. Thus, if you need more than a quick Band-Aid from an errant penguin’s peck, there is relief available under Missouri law. For more information about the state of animal bite law in Missouri, please look at this page. If you, a relative, or friend have been injured by a dog bite or other animal attack, call Saint Louis injury lawyer Ben Sansone for a free consultation at (314) 863-0500. Source: “Penguin nips Newt Gingrich at St. Louis Zoo,” by Jake Wagman, published at STLToday.com. See Our Related Blog Posts: $250,000.00 Settlement: Hydraulic Fluid Injection Injury resulting from Negligent Hose Repair When making an accidental injury or negligence claim against a public entity, such as a pubic school, certain issues must be considered and investigated since public entities have certain tort immunity under Missouri law. See: Government Entity Liability for Dangerous Conditions. Specifically, you must determine if the accidental injury you are making a claim for falls under one of the exceptions to sovereign immunity, additionally, you need to look for other 3rd parties that may be liable if the sovereign immunity caps apply and the damages from the injuries may exceed those caps. In our recent Cape Girardeau premises liability case cited above, the school district was unable to dispute that the Plaintiff was injured by a loose double door divider that fell and struck the Plaintiff in the head as he walked through the doorway during gym class. The Defendant, Scott County High School, and its employees, had exclusive control over the gym doors, including the post. Additionally, we were able to show that Scott County had actual notice the center divider was loose or had fallen out the night prior to Plaintiff’s injury. The night before the negligent head injury, a teacher had actual knowledge of the dangerous condition. The school nurse testified that she heard from school employees the center divider fell out of the doorway the night before at the basketball game. Additionally, another teacher that was at the game, testified she leaned against the center divider and it moved, then a spectator at the basketball game tightened it up with just his hands, no tools. That same teacher testified nothing else was done to that center divider and she did not notify anyone. Cursory investigation fo the doorway showed that hand tightening would not be effective, the fastener holding the center pole is a small Allen bolt that is smooth without anyway to grip other than using an Allen wrench or pliers. The Plaintiff was sent to the emergency room and diagnosed with a concussion. One year after the head injury, medical records documented that the Plaintiff was still suffering from post concussion symptoms including headaches. RELATED BLOG POSTS $575,000.00 Injury Settlement – Illinois Head / Brain Injury Settlement – Illinois Drunk Driving Car Accident Lawsuit Evidentiary Issues to Consider under Missouri Law for a Slip and Fall Personal Injury Trial That is the case with the workplace wrongful death at Bartlett Grain Company elevator in Atchison, Kansas. Back in October, six workers were killed in an explosion. Investigators in Kansas originally determined that the explosion, caused by grain dust, was accidental. However, on April 12, the federal government intervened. The Occupational Safety and Health Administration (OSHA) issued over a dozen citations and are seeking over $400,000 in fines. Criminal charges may be in the future, but that is a decision for the Department of Labor’s Office of the Solicitor. According to the Kansas City Star, grain elevator worker has become one of the most dangerous jobs in America, and is part of the increasingly hazardous agricultural industry. Deaths by suffocation in the elevators are “all too common.” U.S. Secretary of Labor Hilda Solis stated in a press release, “Bartlett Grain’s disregard for the law led to a catastrophic accident and heartbreaking tragedy for the workers who were injured or killed, their families and the agricultural community.” Criminal charges may be in the future, but that is a decision for the Department of Labor’s Office of the Solicitor. According to OSHA, grain dust is nine times more explosive than coal dust and Barlett did not perform sufficient preventative measures, nor did it have a sufficient plan in place in case of emergency. OSHA alleged that Bartlett allowed the grain dust to accumulate to dangerous levels. Further, Bartlett used compressed air to remove dust without first shutting down ignition sources, creating an incredibly volatile atmosphere. They also repeatedly started and stopped machinery and used electrical equipment inappropriate for an environment covered in grain dust. OSHA described these acts as “willful violations.” A willful violation is an act that is “committed with intentional knowing or voluntary disregard for the law’s requirements or with plain indifference to worker safety and health.” Bartlett Grain has been accused of five willful violations. The company has also been accused of eight “serious” violations, which according to OSHA are “hazard[s], violation[s] or condition[s] such that there is a substantial probability that death or serious physical harm could result.” Bartlett Grain president Company president Bob Knief issued a statement that the company “certainly look[s] forward to proving wrong OSHA’s unfortunate citations and characterization.” If one of you or one your loved ones is injured in a workplace accident, you will need to an experienced St Louis county personal injury attorney on your side. Contact Ben Sansone today for a free initial consultation at (314) 863-0500. Source: “KC grain company cited for violations in deadly Atchison elevator explosion,” by Mike McGraw, published at KansasCity.com. See Our Related Blog Posts: Supreme Court to Decide, what is Within the Scope of Employment under Missouri Workers’ Compensation Los Angeles Accident Attorney
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