Florida Injury Attorney Blog

Broward County, Florida Hip Implant Lawsuit Blames Stryker Rejuvenate Replacement Device for Plaintiff's Health Complications

Wed, 19 Dec 2012 18:01:03 -0500

Jaime Simon has filed a Broward County, Florida hip implant injury case against Stryker Orthopedics for complications linked to the company's Stryker Rejuvenate hip device. Alleging breach of warranties, negligence, manufacturing defects, design defects, and failure to warn, the plaintiff wants the defendant to cover related expense, including medical costs.

In the Florida hip implant lawsuit, Simon, a West Palm Beach resident, complains of experiencing a great deal of discomfort in the area where the implant procedure occurred. While the hip device didn’t come loose, it was later discovered that a pseudotumor had formed, as well as possible fluid accumulation around the implant.

Simon also says that small fragments from the metal replacement system had entered the bloodstream, causing heavy metal ion contamination. A few months ago, the plaintiff underwent revision surgery and has since undergone inpatient rehab.

After Simon filed the South Florida defective medical device case, Stryker had moved the complaint to federal court contending that a South Florida agency named as a defendant was placed there to beat the diversity jurisdiction of the district court. Simon then sought to get the case remanded to state court and a judge has granted that request.

In July 2012, Stryker recalled the Rejuvenate hip following numerous reports of hip implant failure and related complications.

South Florida Hip Implant Lawsuits
In the past few years, metal hip replacement devices have been linked to hundreds of incidents involving medical device failure and/or metal contamination. Other complications have included pain, swelling, tissue injuries, bone loss, and femur fractures.

For implant patients, this type of device failure can take a physical and emotional toll—especially if the person is older and/or already suffering from health issues. Also, the need for revision surgery to replace the original implant has been happening way too soon for many patients, who not only had to contend with the first procedure, accompanying recovery time, and serious side effects that arose and now must undergo yet another surgery and risk more complications.

Hip implant failure seems to be a problem plaguing not just one or two manufacturers, but a number of those in the industry, including DePuy Orthopedics, which is a Johnson & Johnson company, Zimmer Holdings, Biomet Inc., Smith & Nephew, and Wright Medical Technology Inc. You want to make sure to work with a South Florida Stryker hip implant defect law firm that knows how to successfully handle this type of products liability case.

Questions and Answers about Hip Replacement, National Institute of Arthritis and Musculoskeletal and Skin Diseases, NIAMS

Stryker Initiates Voluntary Product Recall of Modular-Neck Stems; Action Specific to Rejuvenate and ABG II Modular-Neck Stems, FDA, July 6, 2012

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

Three Florida Deaths Linked to Fungal Meningitis Outbreak From Tainted Steroid Injections, Florida Injury Attorney Blog, October 19, 2012

Avastin Injections Repackaged in Hollywood, Florida Pharmacy Linked to Serious Eye Infections, Florida Injury Attorney Blog, September 8, 2011

Miami Bus Crash Lawsuits Filed in Deadly International Airport Collision

Mon, 10 Dec 2012 16:53:02 -0500

Already, two South Florida bus accident lawsuits have been filed in the deadly crash that occurred at Miami International Airport on December 1. Two people died and several others sustained injuries serious enough to warrant medical care at a hospital. The vehicle was transporting more than 30 members of a Jehovah’s Witness congregation to West Palm Beach at the time.

According to police, bus driver Ramon Ferreiro drove the vehicle into an 8-foot-6 inch overpass. The collision sheered off the first 16 feet of the bus, caused its roof to become smashed in, and threw some passengers into broken glass and metal while ejecting others.

The Miami-Dade bus accident happened even though there are big signs posted close to the overpass warning the operators of big vehicles not to enter under. The Miami Herald reports that Ferreiro, who made a wrong turn onto South Le Jeune Road, appears to have ben going too fast. He has not, however, been charged with any crime.

One of the victims, Miriam Lorenza Machado is seeking Miami personal injury compensation. Machado says that the crash left her with numerous injuries to her spine, face, spleen, face, and ribs, as well as fractures, internal bleeding, disability, pain and suffering, mental anguish, disfigurement, aggravation, and the reactivation of an existing health issue. She is seeking damages for medical bills, her now diminished capacity to enjoy life, lost income, nursing expenses, and other applicable causes.

Machado is suing both Ferreiro and the company that owns the bus, Miami Bus Service Corp. Her legal team is accusing the bus operator of driver inattentiveness, lacking the proper qualifications and training, as well as poor trip planning.

Also suing is the family of Francisco Urena, who is one of the two passengers who did not survive the crash. Their Miami wrongful death case accuses Ferreiro of failing to fulfill his duty to the passengers to exercise reasonable care.

Miami Bus Accident Lawsuits
Buses that are considered common carriers are obligated to make sure that they exercise a higher level of care and safety than typical motorist. Failure to exercise this duty can prove deadly for passengers and those on the road at the time of a crash. Most buses don’t have seatbelts, which means that any time there is a serious collision, occupants are at risk of being thrown around in or ejected from the bus. With so many people able to ride in a bus at the same time, the chances of further injury from occupants striking each other is also high.

You want to work with a Miami bus crash law firm that is familiar with federal and state guidelines that may govern your case. Depending on what happened, there may even be multiple liable parties, such as the bus driver, the bus operating company, the owner of the bus, the party that chartered the bus, a bus manufacturer, and/or others.

Lawsuit Filed in Fatal Miami International Airport Bus Crash, NBC Miami, December 7, 2012

Two Lawsuits Filed Against Driver, Bus Company In Deadly MIA Bus Crash, CBS Miami, December 7, 2012

Driver of fatal MIA bus crash that killed two offers his “deepest sympathy," Miami Herald, December 6, 2012

More Blog Posts:
Florida Auto Pile Up Kills 11, Injures At Least 18, Florida Injury Attorney Blog, February 2, 2012

With Safety Officials Calling For Tougher Stance Against Distracted Driving, Florida Lawmakers May Follow Their Lead, Florida Injury Attorney Blog, December 29, 2011

Will Federal Ban Barring Bus Operators and Truckers from Texting Lower the Number of Florida Truck Crashes?, Florida Injury Attorney Blog, February 2, 2010

An Increase in Florida Motorcycle Deaths is Reported

Tue, 04 Dec 2012 16:05:42 -0500

According to data from the Florida Department of Highway Safety and Motor Vehicles, the number of motorcycle deaths taking place in the state rose 18% in 2011 after three years in a row of dramatic declines. This percentage is expected to go up again for 2012.

In South Florida, please contact our Miami motorcycle accident lawyers at Trop & Ameen, PA to request your free case evaluation. We also handle injury cases involving Florida truck crashes, car accidents, bus collisions, pedestrian incidents, and other types of motor vehicle accidents.

2011 Florida Traffic Facts:

• Broward County motorcycle deaths were up 80% at 38 fatalities from 21deaths the year before.
• Miami-Dade County motorcycle crash fatalities rose 16% from 30 to 35 deaths.
• Palm Beach motorcyclist deaths, however, did see a slight decline from 23 to 19 fatalities.

While young riders have generally been the ones most likely to be involved in a Florida motorcycle accident, there was a notable increase in older motorcyclist deaths last year.
One reason for this is that more Baby boomers are retiring and getting on bikes either for the first time or to resume a passion from their youth. Also, as a rider ages, his/her reflexes may become slower while vision may deteriorate.

• Between ’05 and ’09, riders in the 45-54 age group made up 17% of motorcycle deaths. Compare that to ’09-’11 when they comprised nearly 20%.
• Motorcyclists belonging to the 55 to 64 age group made up 16.6% of Florida motorcycle deaths in ’09-’11, up from 10.3%.

That said, younger riders are still at risk of getting seriously hurt in a motorcycle accident.

Common causes of South Florida motorcycle collisions include:
• Rider inexperience
• Unnecessary risk taking
• Poor rider skills
• Speeding
• Alcohol
• Inadequate helmet use

Motorcyclists are at risk of serious injuries, including traumatic brain injury, spinal cord injury, and death. You want to work with an experienced Hollywood, Florida motorcycle crash law firm that knows how to obtain your recovery for medical costs, rehabilitation, and other expenses you might accrue as a result of the other party’s negligence.

Sometimes the responsible party might be another motorist, the motorcycle manufacturer, or a maintenance company that did a poor repair or installation job. If your Coral Springs motorcycle crash happened because the road was unsafe or defective, you may be able to pursue damages from the state or a local entity depending on who is tasked with supervising/maintaining that area. There may even be more than one liability party. Also, even if you were partially at fault, this does not mean you still aren’t entitled to some recovery.

Motorcycle deaths up among older bikers, Sun-Sentinel, December 2, 2012

Motorcycles, 2010 Data Traffic Safety Facts, NHTSA (PDF)

Florida Department of Highway Safety and Motor Vehicles

More Blog Posts:
Florida Supreme Court Rules on 2005 Palm Beach County Car Accident Lawsuit to Find that Second Driver in a Rear-End Crash Isn’t Always the Only One At Fault, Florida Injury Attorney Blog, November 23, 2012

Driver Charged in Boca Raton Motorcycle Accident Death, Florida Injury Attorney Blog, October 27, 2011

South Florida Motorcycle Accident on I-595 Injures Four, Florida Injury Attorney Blog, May 3, 2010

Dump Truck Driver Killed in Florida Train Crash During Intersection Collision

Thu, 29 Nov 2012 21:29:21 -0500

A 44-year-old dump truck driver was killed today when his vehicle was struck by an Amtrak train that was heading to Miami. The deadly Florida train accident happened at an intersection south of Orlando.

The impact of the collision was so forceful that the dump truck, which was transporting rocks, broke in two and the trailer and the cab became disconnected. The truck driver, 44-year-old Seeram Matadial, was thrown from the truck and died immediately. On the train, two crew members sustained injuries from accident, while at least 15 passengers were evaluated and treated for minor injuries at the scene. 10 were sent to hospitals as a precautionary measure.

According to Florida Highway Patrol, the train was moving at about 60 mph, which is 10 miles under the posted speed limit for trains in that area. The truck-train crash happened at an uncontrolled intersection.

Currently, there are signs warning that this is a railroad crossing but there are no signals or arm bars to warn when a train is approaching. This area of track belongs to the Florida Department of Transportation. A spokesperson for the state department noted, however, that there is a stop sign mandating that drivers stop and look in both directions before going through. Crossing arms and flashing lights are scheduled to be installed at this particular intersection next year.

Florida Train Accidents
If you or someone you love was injured in a South Florida train accident, please contact Trop and Ameen, PA, today. Our Miami personal injury law firm represents clients throughout the region and we would be happy to provide you with a free case evaluation.

Train collisions often result in multiple injuries because so many people are usually involved. Victims may include train passengers, pedestrians, train workers, railroad employees, and/or the occupants of any other vehicles involved. Common causes of train crashes include:

• Driver distraction
• Speeding
• Train equipment malfunction
• Derailment
• Operator fatigue
• Poorly designated rail crossings
• Poor visibility around intersection crossings
• Malfunctioning crossing equipment
• Pedestrian inattention
• Failure by operator to warn that a train is approaching
• Trains parked so close to a crossing that they block the view of oncoming trains.

You want to work with a Hollywood, Florida injury law firm that is experienced in handling train crash cases. Depending on who/what caused the accident, possible liable parties may include the public entity or company that owns/runs the train, the train track owner, engineers, the manufacturer of any equipment that malfunctioned, the driver of the other vehicle involved, and others.

Shock, then panic as Miami-bound Amtrak train strikes dump truck, Sun-Sentinel, November 29, 2012

Amtrak Train Crashes Into Dump Truck Outside Orlando, CBS Miami, November 29, 2012

Pro Golfer’s Son Sustains Head Injuries in Palm Beach County Semi-Truck Crash, Florida Injury Attorney Blog, December 2, 2011

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

Florida Supreme Court Rules on 2005 Palm Beach County Car Accident Lawsuit to Find that Second Driver in a Rear-End Crash Isn’t Always the Only One At Fault

Fri, 23 Nov 2012 21:10:50 -0500

The Florida Supreme Court has reversed a decision by the 4th District Court of Appeal in a 2005 Palm Beach County car accident lawsuit over whether the second driver in a rear-end crash should be allowed to recover damages or if he/she should retain all of the blame. While the appeals court had upheld a judge’s ruling that the second driver is the only one blame, the state’s highest court found that regardless of this presumption, which has been in play for over five decades, this may not always be the case and an examination of the facts in each instance needs to take place so that a comparison of each motorist’s degree of negligence (if any) can occur regardless of who is seeking personal injury compensation.

Because of this latest ruling, Maria Cevallos will be allowed to pursue damages from Keri Ann Rideout, the driver who had the middle vehicle in this Palm Beach three-vehicle rear end collision. Cevallos contends that Rideout was allegedly distracted driving and talking on a cell phone when she rear-ended the vehicle in front of her. Following that crash, Cevallos rear-ended Rideout’s vehicle.

Under the state’s comparative negligence law, juries can allot percentages of negligence to the parties involved, meaning that if a plaintiff were found to be 50% at fault, then an award in his/her favor would be decreased by that percentage. This law has not applied to Florida rear-end crashes until now because all negligence has always been presumed to be the second driver’s. It has also generally prevented rear-end collisions' second drivers from being able to pursue damages for their injuries.

Now, however, this may no longer be the case. The high court upheld, in another case, the 5th District Court of Appeal’s decision to reverse a trial judge’s summary judgment that ruled in favor of the first driver in a Seminole County rear-end crash. This now paves the way for motorcycle passenger Crystal Charron to pursue damages from driver Warren Birge.

In 2007, the motorcycle Charron was riding got flipped when its motorcyclist William Smith failed in his efforts to avoid rear-ending Birge’s vehicle. Charron was injured in the Florida motorcycle accident.

She filed a Florida personal injury case against Birge claiming he was at least partially to blame because he had suddenly hit the brakes for what seemed like no necessary reason. (Smith has already settled his injury case with Birge.)

Once again, the Florida Supreme Court found that despite the presumption that the rear-end crash’s second driver is the negligent one, there can be evidence shown to override this presumption. The justices said it should be up to a jury to decide how much (if at all) Burge is to blame.

These two rulings could allow more second drivers and their passengers that were hurt in Florida rear-end crashes to pursue damages and/or not be saddled with all of the blame in such accidents.

Florida Rear-End Collisions
Rear-end crashes can result in serious injuries for the vehicle occupants of both vehicles. If you were injured in this type of collision and you believe the accident happened because another party was at fault, you should contact an experienced Palm Beach car crash lawyer right away.

Florida Supreme Court: Drivers in rear-end crash may not be at fault, Sun-Sentinel, November 23, 2012

Florida Supreme Court rethinks rear-end collision lawsuits, BayNews9, November 22, 2012

More Blog Posts:
Florida Wrongful Death Lawsuit Blames Improperly Installed Guardrail for Fatal Car Crash, Florida Injury Attorney Blog, January 6, 2012

Deadly South Florida Crash Near the Palm Beach County Line Claims the Life of Three Children, Injures Two Others, Florida Injury Attorney Blog, April 6, 2011

South Florida Motorcycle Accident on I-595 Injures Four, Florida Injury Attorney Blog, May 3, 2010

Miami Transvaginal Mesh Lawsuits Seek Damages for Pelvic Organ Prolapse Complications, Device Erosion, Infection, and Other Serious Side Effects

Wed, 14 Nov 2012 18:15:01 -0500

If you are a woman who has suffered serious health issues after being implanted with a transvaginal mesh device, do not hesitate to contact our Miami defective medical device law firm right away. Once considered an effective way to treat pelvic organ prolapse and stress urinary incontinence, the use of transvaginal mesh implants has led to numerous lawsuits that have been filed by patients claiming that they’ve developed serious injuries and had to undergo further surgeries as a result.

Last year, the US Food and Drug Administration issued an update to a warning it had put out in 2008 notifying medical professionals and patients about the serious complications that can develop from receiving a surgical mesh implant. The FDA wanted to make sure it was clear that such complications—vaginal mesh erosion, vaginal scarring, perforation of the blood vessels/bladder/bowel (during insertion), ongoing pain, painful intercourse, pelvic pain, abdominal pressure, POP recurrence, vaginal infections, vaginal shortening, possible non-resolution of the complications, and ongoing vaginal bleeding—from transvaginal POP repair are, in fact, not rare occurrences. The regulator also said that it could not confirm that transvaginal mesh implants are any more effective than traditional non-mesh repair in treating POP. (It is also important to note that these complications can hurt not just a woman’s physical health, but also her emotional well-being, relationships, professional life, and ability to participate in certain activities and life events.)

This summer, in the first transvaginal mesh lawsuit to go to trial, Christine Scott was awarded $5.5 million in her dangerous medical device case against manufacturer CR Bard Inc. Scott had implanted with the Avaulta Plus device, and because of the resulting complications, she had to undergo up to nine additional surgical procedures. Scott’s husband was also a plaintiff in the case.

The jury found that Bard was negligent in the way it handled the device, including its failure to properly test the vaginal implant before making it available for use. They also determined that company officials knew (or if they didn’t then they should have known) that surgeons would not realize the possible risks posed by this mesh product when treating POP.

Hundreds of other transvaginal mesh implant cases ar still pending. Transvaginal mesh makers have also been accused of design defect, failure to make products that don’t pose a danger to patients, inadequate warnings about the risks and complications, and failure to keep patients safe. Other major transvaginal mesh manufacturers include Johnson & Johnson, Boston Scientific Corp. American Medical Systems, and Caldera Medical.

Bard, Doctor Ordered to Pay $5.5 Million Over Implant, Bloomberg, July 25, 2012

Urogynelogical Surgical Mesh: Update on the Safety and Effectiveness of Transvaginal Placement for Pelvic Organ Prolapse, FDA, July 2011 (PDF)

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

Personal Injury Settlements Reached in At Least Five Kugel Hernia Mesh Lawsuits, Florida Injury Attorney Blog, September 6, 2009

Three Florida Deaths Linked to Fungal Meningitis Outbreak From Tainted Steroid Injections, Florida Injury Attorney Blog, October 19, 2012

$27M Florida Wrongful Death Lawsuit Seeks Damages from Orange Lake Resorts Over 11-Year-Old’s Fatal Electrocution

Mon, 05 Nov 2012 16:11:37 -0500

The family of Ashton Jojo is seeking over $27 million from Orange Lake Resorts for her Florida wrongful death. The 11-year-old died in June in an electrocution accident while playing miniature golf. At the time, she was reaching into a pond located on the time-share property for her ball when the energized water shocked her.

According to the Florida electrocution accident complaint, her older brother and another person tried to save Ashton and they too suffered an electrical shock. The incident finally ended when workers finally turned off the power to the pond.

Ashton’s loved ones are contending that “improper, illegal, and grossly negligent repairs and modifications” to electrical wiring, breakers, and submersible pumps caused the tragic accident. They say that even though the defendant’s parent company, Orange Lake Country Club Inc. is a company valued at billions of dollars, it had an unlicensed employee to do the electrical work in an effort to save money.

The family, Ashton’s parents Deborah and David and her brother Donovan, are also seeking damages for the physical and emotional injuries that they sustained from having to watch her die.

Florida Premises Liability
Hazardous conditions on a premise can result in serious injuries and deaths. It is the responsibility of property owners to make sure that any such dangers are removed or repaired immediately.

Unfortunately, electrocution incidents can happen, especially when the wiring is faulty or there is some other circuit-related problem, and the consequences for those exposed can be deadly. Common causes of electrocution hazards:

• Inadequate maintenance
• Poor repair
• Exposed wiring
• Unsafe conditions that increases the risk that physical contact with an electrical hazard can happen
• Inadequate warning signs or lack of physical protections around an electrical hazard

Electrocution Injuries
Electrocution accidents can cause electrical burns, cardiac arrest, damage to the muscles, tissue, and nervous system, arc burns, thermal contact burns, and even death.

To mount a successful Miami premises liability case involving an electrical hazard or any other unsafe condition, the injured party has to prove that the property owner knew or should have been aware that the dangerous condition existed and did not repair and/or warn about this condition. The plaintiff also must show that victim was hurt because of this dangerous condition. However, keep in mind that different levels of care are mandated according to the reasons the injured party was on the property to begin with, and, also, generally, property owners cannot be held liable for injuries resulting from dangerous conditions they didn’t know (or had no grounds for knowing) existed. These are just some of the many reasons why you should work with an experienced South Florida personal injury law firm that will know how to handle your case while protecting your rights.

Parents of girl electrocuted playing miniature golf sue resort, Orlando Sentinel, August 21, 2012

Claim seeks $27M in girl's death, Times-Union, August 22, 2012

Premises Liability, Justia

More Blog Posts:
$158,611 Palm Beach County Personal Injury Verdict Awarded to Boca Raton Student Beaten in 2010 Bullying Incident on School Bus, Florida Injury Attorney Blog, October 25, 2012
A Woman and A Horse Killed in Florida Hyperbaric Chamber Blast, Florida Injury Attorney Blog, February 10, 2012

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

Coral Springs Child Pedestrians Beware: Halloween is the Deadliest Night of the Year

Wed, 31 Oct 2012 22:58:52 -0500

According to a recent study that examined over four million records in the Fatality Analysis Reporting System from 1990 to 2010 involving minors and Halloween, October 31 is, indeed, the deadliest day of the year for child pedestrians. This the date when the kid pedestrian fatality rate goes up by more than double the average number from 2.6 child pedestrian deaths/day on other days to 5.5 fatalities. 6-7pm, which is a popular time for trick-or-treating, is considered the deadliest hour of Halloween and the period when nearly one fourth of child pedestrian accidents happen. 5-9pm is when over 60% of such incidents happen. State Farm and Sperling's BestPlaces jointly conducted the study.

In South Florida, if your son or daughter is injured in a Coral Springs child pedestrian accident today or on any other day of the year, please contact Trop & Ameen, PA right away and ask for your free case evaluation. You may have grounds for filing a claim or lawsuit against the party responsible for the crash.

More Halloween Child Pedestrian Statistics:
• Between 1990 and 2010 there were 115 Halloween child pedestrian fatalities.
• 32% of these deaths were kids from the 12-15 age group.
• Kids in the 5-8 age group made up the second largest demographic of child pedestrians killed on Halloween.
• Young drivers, ages 15-25, were involved in close to a third of these deaths.
• On a positive note, for every year between 2005 and 2010, the Halloween child fatality average rate has gone down.

Meantime, the Centers for Disease Control and Prevention and the National Highway Traffic Safety Administration are both reporting that kids are four times as likely to get hit in a car accident on Halloween than on any other day of the year.

Some of the reasons why:
• Darkness can make it harder for drivers to see pedestrians, especially smaller kids.
• Certain costumes, including masks, can make it hard for the wearer to see his/her surroundings, while other types of costumes can make it more difficult for motorists to see him/her.
• Adults and older teens, not just kids, often celebrate Halloween and some may choose to drink and drive on this busy night.

While parents and children need to be very careful tonight, motorists are equally responsible for making sure that they refrain from driving drunk or distracted driving. They need to pay careful attention and look to see who is on the sidewalks, crosswalks, and on the road. Driving more slowly through neighborhoods should help—especially as kids are more likely to excitedly run cross the streets to get from one house to another on this night.

Our South Florida car accident law firm has offices in Naples, Hollywood, Boca Raton, Miami, Coral Springs, Fort Lauderdale, Boynton Beach, and West Palm Beach.

'The Real Danger on Halloween': Kids Hit By Cars, USA Today, October 28, 2012

afety Halloween Tips for Parents and Drivers, KCSG.com, October 30, 2012

Halloween is 'deadliest day' for child pedestrian fatalities, Sentinel-Standard, October 29, 2012

More Blog Posts:
Florida Auto Pile Up Kills 11, Injures at Least 18, Florida Injury Attorney Blog, February 2, 2012

Florida Wrongful Death Lawsuit Blames Improperly Installed Guardrail for Fatal Car Crash, FIorida Injury Attorney Blog, January 6, 2012

With Safety Officials Calling For Tougher Stance Against Distracted Driving, Florida Lawmakers May Follow Their Lead, Florida Injury Attorney Blog, December 29, 2011

$158,611 Palm Beach County Personal Injury Verdict Awarded to Boca Raton Student Beaten in 2010 Bullying Incident on School Bus

Thu, 25 Oct 2012 18:43:11 -0500

A jury has awarded $158,611 to student Alex Palermo in his family’s Palm Beach County personal injury case against the School Board. Palermo, then 13 and an a Boca Raton Middle School eighth grader, was beaten by another student while riding the school bus home on April 6, 2010. Palermo is autistic. The incident was recorded on the bus’s video equipment.

Palermo’s family contends that the bus driver failed to take action to prevent the violence. Video from the bus shows Palermo being taunted, as gum was placed in his hair and wet fingers were inserted into his ears prior and then the other student hitting Palermo on the head three times while the other passengers watched. Following the bullying incident, he was diagnosed with a concussion and a fractured eye socket.

According to Palermo’s mother, Kim, he then had to undergo emergency surgery because his eyeball was no longer able to move fully and was causing him a great deal of pain. According to the Family’s Palm Beach wrongful death lawyer, Palermo, now 16, continues to suffer from permanent facial numbness and occasional blurry and double vision. His mother says that Palermo is now afraid of buses.

During the trial, the defense tried to blame Palermo for at least part of the altercation, arguing that he had been confrontational. They also said that the driver did maintain control over the students in the bus.

The jury is ordering the School Board to pay $50,000 for future pain and suffering, $75,000 for past pain and suffering, and $33,611 to cover his medical bills.

With bullying and other violent crimes becoming a less uncommon occurrence at schools these days, it is important that school officials and staff implement adequate supervision, security, and disciplinary measures to discourage these types of incidents, prevent future one from occurring, and protect kids from harm. Bullying can lead to serious consequences, including serious Boca Raton personal injury and wrongful death, including suicide. Lasting emotional trauma may also result.

We can no longer disregard mean behavior perpetuated between kids and assume that such actions harmless because of their youth. If your child was injured while under the supervision of his/her school and you think that officials or staff could/should have prevented the incident from happening or failed to provide sufficient protective measures beforehand, you will want to speak with an experienced Palm Beach County injury law firm. Even if no criminal charges are filed against the other party, you still may be able to recover civil damages for the harm that your child has suffered. You and your child may also be entitled to Florida personal injury damages if he/she was injured on school grounds because of a hazard on the premise or another type of accident that happened that could/should have been prevented.

Jury: School Board negligent in 2010 bus beating, Sun-Sentinel, October 23, 2012

More Blog Posts:
Teen Drivers Continue to Text Despite Knowing the Dangers, Reports Liberty Mutual and SADD Study, Florida Injury Attorney Blog, October 20, 2011

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

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

Three Florida Deaths Linked to Fungal Meningitis Outbreak From Tainted Steroid Injections

Fri, 19 Oct 2012 01:03:33 -0500

According to the Florida Department of Health, at least three of the fungal meningitis deaths linked to the contaminated steroid that has caused a nationwide outbreak occurred in this state. These fatalities include a 78-year-old man and a 28-year-old woman. At least 13 people in Florida have fallen ill from the tainted drug, which is injected into the body as a painkiller.

The contaminated steroid, methylprednisolone acetate, originated from the New England Compounding Center in Massachusetts, and it may have been used on about 14,000 people with the national death toll hitting 20. The number afflicted with this particular type of meningitis—specifically, aspergillus meningitis—has now exceeded 230 in 16 states.

The steroids were distributed in over two dozen states. Today, the US Centers for Disease Control and Prevention confirmed that the fungus Exserohilum rostratum was found in unopened steroid vials that were part of the over 17,000 doses in the three lots that were sent out to clinics. All of the lots have since been recalled.

Already, drug injury lawsuits are being filed, including the Florida meningitis lawsuit on behalf of Godwin Mitchell, 87, whose family claims that he was paralyzed by the tainted steroid injection. Mitchell took the drug to alleviate the pain in his hip.

Even though the compound pharmacy being blamed is located out of state, Mitchell’s Florida personal injury case has been filed here because agents that the New England Compounding Center does business with are located in state. The compounding pharmacy has now shut down operation.

Fungal Meningitis
This type of condition can occur when a fungus enters through the membranes that are supposed to protect the spine and the brain. Initial symptoms may include dizziness, fever, headache, slurred speech, and nausea. If untreated, fungal meningitis can lead to strokes, permanent neurological damage, other health issues, and even death. Treatment, which usually includes intravenous antifungal medications, may require staying in a hospital for months.

If you or a loved one developed fungal meningitis after receiving a steroid injection please contact our Hollywood, Florida personal injury law firm right away. Trop and Ameen, PA, would be happy to provide you with a free case evaluation.

Compound Pharmacies
Compound pharmacies take medications and package them into different doses and strengths. Currently, the FDA has limited authority over these operations. Products that come from compound pharmacies don’t have to be FDA-approved.

Fungal meningitis outbreak claims 20 lives , Los Angeles TImes, October 18, 2012

Fungal meningitis lawsuit filed today in Orange County, Orlando Sentinel, October 18, 2012

More Blog Posts:
Avastin Injections Repackaged in Hollywood, Florida Pharmacy Linked to Serious Eye Infections, Florida Injury Attorney Blog, September 8, 2011

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

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

Miami-Dade Construction Accident Kills At Least Three Workers in College Parking Garage Collapse

Thu, 11 Oct 2012 13:22:17 -0500

The collapse of a Doral parking garage that was under construction at Miami Dade College on Wednesday has claimed three workers’ lives, while sending several others to the hospital. Rescuers are still searching for a fourth worker, but at this point, they are calling this a recovery mission and he is not expected to be found alive. According to the Associated Press, one witness reports that the The 5-story, 1,855-space garage, a $22.5 million project, fell, “like a house of cards.”

At least eight workers were treated for their Florida construction accident injuries. Per the Miami Herald, of the survivors that was pulled from the rubble about 13 hours after the structure fell, had to have his legs amputated above the knee so he could be extricated.

No students were injured because they aren't allowed onto the construction site. Ajax Building Corp., the garage contractor on this project, has promised to conduct an internal review to figure out what happened.

Florida Construction Accidents
Construction workers are exposed to dangerous conditions on the job every day, which is why it is so important that the correct safety measures are in place to so that catastrophic injuries or deaths don’t happen. Some Miami construction accident injuries can be so serious that a worker who is lucky enough to survive may not be able to resume working again, ending a career and losing his/her primary source of income while unable to ever be made physically, emotionally, and mentally whole again.

Workers injured on the job generally cannot sue their employer for Miami personal injury, but they are usually entitled to Florida workers’ compensation benefits. Also, with many construction jobs, there will usually be multiple parties involved, such as the construction site owner, prime contractors, general contractors, sub-contractors, engineers, architects, insurers, project developers, construction machinery owners, and others. This means that if negligence was involved, in addition to receiving your Florida work injury benefits, you also may be able to a sue the other entities involved that are not your direct employer for damages by filing a third party lawsuit.

Common Construction Accidents:
• Fall accidents
• Crane collapses
• Building collapses
• Electric shock
• Falling debris
• Machinery accidents
• Motor vehicle accidents
• Construction fires or explosions

Doral garage collapse toll rises to 3, Tamarac man reportedly missing, Sun-Sentinel, October 11, 2012

Construction, OSHA

Construction Accidents, OSHA

More Blog Posts:
Florida Wrongful Death Lawsuit Blames Improperly Installed Guardrail for Fatal Car Crash, Florida Injury Attorney Blog, January 6, 2012

Florida Wrongful Death Lawsuit Likely in FAMU Drum Major’s Alleged Hazing, Florida Injury Attorney Blog, November 26, 2011

$2.4M Palm Beach County Wrongful Death Verdict Awarded to 87-Year-Old Lake Worth Widow, Florida Injury Attorney Blog, April 13, 2011

Palm Beach Wrongful Death Lawsuit Seeks Florida Medical Malpractice Damages From Delray Medical Center Over Alleged Poor Heart Attack Diagnosis

Wed, 03 Oct 2012 22:18:09 -0500

The family of Lazaro Rodriguez is suing Delray Medical Center for Palm Beach medical malpractice and wrongful death. The 40-year-old suffered a fatal heart attack three days after he was treated for chest pain at the hospital. The Rodriguezes are seeking Florida wrongful death damages.

His widow contends that when Rodriquez went to see doctors on January 12, 2011 at the Delray Medical Center ER, they misread his test results and failed to provide him with the proper medical care. Two specialists, cardiologist Rodolfo Carrillo-Jimenez and radiologist Fernando Rivera, were assigned to him.

Per the Palm Beach wrongful death lawsuit, Rivera misread Rodriguez’s coronary CTA results, finding that they were normal, not abnormal. The family blames Carrillo-Jimenez for stopping Rodriguez’s cardiac medicines and releasing him from the hospital too soon the following day. Despite high troponin levels, which are a sign of heart trauma, Rodriguez was told to take only ibuprofen and aspirin. Rodriguez went into fatal cardiac arrest on January 15.

Florida Medical Malpractice
You have two years to file a Florida medical malpractice lawsuit from the time the patient or a family member knew or should have known that the injury occurred as a result of possible medical negligence. Florida’s wrongful death statute of limitations is also two years. That said, every case comes with unique circumstances and factors involved, and you want to speak with an experienced Palm Beach medical malpractice law firm that knows how to successfully handle these types of lawsuits to learn more about your legal options.

Palm Beach Heart Attack Malpractice
Heart attack misdiagnosis, failure to diagnose, or delayed diagnosis can be the difference between a mild episode and a serious one resulting in permanent damage, other serious side effects, and/or death. Doctors need to be able to detect when early signs indicate that a patient may be suffering from a heart-related episode and they must provide the appropriate medical treatment.

Rodriguez’s loved ones aren’t the only family to pursue Palm Beach wrongful death damages against Delray Medical Center over a heart attack fatality. Brian Yellin is suing the medical center for the allegedly negligent medical care that his wife received at the ER in March 2010. Admitted to the hospital after suffering heart palpitations, severe abdominal pain, and other symptoms, Susan Yellin was found unconscious, after having two heart attacks, in her hospital bed a few days later. Brian Yellin blames Carrillo-Jimenez for improperly managing the blood thinners Susan had been taking after an earlier heart valve surgery.

There are many reasons why you or a loved one might have grounds to file a Palm Beach heart attack lawsuit. Unfortunately, many patients and their families are too intimidated by the thought of going after damages. They may even worry that suing might be too expensive and too much trouble. What they don’t realize is that successfully pursuing financial recovery may provide you not just with the money you need to pay for medical expenses, rehabilitation costs, funeral bills, lost wages, and other damages, but also, in many cases, it is a way to hold the responsible parties liable for your pain and suffering or the loss of someone you love.

As a Palm Beach medical malpractice client, you won’t pay for legal services out of your own pocket. Instead, your legal bills from working with an experienced Florida personal injury law firm would come from what is recovered on your behalf. If you don’t recover anything, you pay your attorneys nothing.

Medical Malpractice, Florida Statutes

Delray Medical Center sued for wrongful death of husband, father, Sun-Sentinel, August 13, 2012

More Blog Posts:
When Failure to Diagnose a Heart Attack Becomes Florida Medical Malpractice, Florida Injury Attorney Blog, January 19, 2012

Florida Wrongful Death: FAMU Band Member’s Family to Name Bus Company in Lawsuit Over Fatal Hazing, Florida Injury Attorney Blog, January 12, 2012

Miami Nursing Negligence Lawsuit Claims Paraplegic Patient Was Sodomized in His Home, Florida Injury Attorney Blog, November 16, 2011

A Woman and A Horse Killed in Florida Hyperbaric Chamber Blast

Fri, 10 Feb 2012 23:17:53 -0500

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 chamber’s 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, today’s 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 parties—depending on the specifics of what happened.

Miami Premises Liability and Wrongful Death
If someone you loved was killed in an accident on someone else’s premise, you may have grounds for a Miami wrongful death lawsuit against the property owner if the latter was negligent. If that death occurred because of defective/dangerous product, you may have reason for pursuing a Florida products liability claim against a manufacturer, seller, or distributor.

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 one’s 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

More Blog Posts:
Florida Wrongful Death: FAMU Band Member's Family to Name Bus Company in Lawsuit over Fatal Hazing, Florida Injury Attorney Blog, January 12, 2012

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

Thu, 02 Feb 2012 16:09:31 -0500

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 “like the end of the world.”

The National Highway Transportation Board has investigators working to determine what caused the deadly pileup.

While poor weather conditions can’t 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 Sunday’s 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:
Florida Wrongful Death Lawsuit Blames Improperly Installed Guardrail for Fatal Car Crash, FIorida Injury Attorney Blog, January 6, 2012

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

Congresswoman Gabrielle Giffords’s Resignation a Reminder that Recovering From a Serious Traumatic Brain Injury Can Be a Tough, Long Road

Wed, 25 Jan 2012 22:11:14 -0500

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
Recovering from a brain injury can be a long road and not everyone fully recovers. Many TBIs can prove fatal—as evidenced by the death earlier this month of Canadian freeskier Sarah Burke, who sustained severe head injuries during a superpipe training run. The 29-year-old athlete died nine days after the January 10 skiing accident in Utah.

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 one’s brain injury, recovery can come quickly or not. There are two main kinds of TBIs:
Closed Head Injuries: Usually involves a blow (or something striking against) the brain. This can lead to primary damage, which occurs immediately upon impact and may include nerve damage, blood clots, contusions, lacerations, or a skull fracture, or secondary brain damage, which develops over time following the incident of trauma and can involve epilepsy, brain swelling, intracranial infection, intracranial pressure, hematoma, fever, changes in blood pressure, anemia, low sodium, not enough or too much carbon dioxide, cardiac changes, nutritional changes, lung changes, and/or abnormal blood coagulation.

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:
Pro Golfer’s Son Sustains Head Injuries in Palm Beach County Semi-Truck Crash, Florida Injury Attorney Blog, December 2, 2011

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 Wrestler’s Son, Florida Injury Attorney Blog, March 24, 2008