Florida Personal Injury Lawyer Blog

Victim Rear-Ended by Large Box Truck in Lake Worth, Florida

Tue, 10 Apr 2012 09:55:52 -0500

The governing rule under Florida law is that even a sudden stop by the lead vehicle does not overcome the presumption of negligence on the part of the rear-ending driver. Therefore, the law in Florida attaches a presumption of negligence to the rear driver in a rear-end collision accident.

The victim in this Florida truck accident case is a 50 year old wife and mother who was traveling as a front seat passenger in a friend's automobile, northbound on I-95 near Tenth Avenue North in Lake Worth when traffic slowed ahead. They were rear-ended in traffic by the driver of a large box truck who had not noticed that traffic had slowed. The Florida Highway Patrol investigated the accident and cited the driver of the box truck for "Speed - Failed to Use Due Care". According to the victim, the damage was very heavy and the FHP crash report stated that the vehicle she was in sustained approximately $4,000 in damage.

The injuries to the victim in this crash were to her neck and low back. She did not go to the emergency room immediately after the crash, but began treating with a chiropractor shortly thereafter. She was hoping to recover with conservative therapy, but eventually was sent for an MRI, which showed herniated discs at C5-C6 and C6-C7 and was therefore referred to an orthopedic surgeon for treatment. After a thorough examination, the orthopedic surgeon recommended surgery for the herniated discs at C5-C6 & C6-C7, requiring anterior cervical discectomy and fusion, which the victim did undergo without complications.

Understandably, afater the surgery, the victim's medical expenses totaled well over $114,000.00 and she continues to sufffer a great deal of chronic pain, which prevents her from living the active and fulfilling life she was engaged in prior to this accident.

The victim was very concerned about her mounting out-of-pocket expenses and her lost wage claim, so she sought the services of Attorney Jason D. Weisser for assistance in this matter. Mr. Weisser was successful in obtaining a settlement in this case for several hundred thousand dollars without the necessity of a trial. This victim will now be able to go forward with her life and will be able to handle any financial obstancles she may face in the future with her ongoing medical treatment.

United States Settle’s Suit For Anthrax Death

Wed, 28 Mar 2012 15:06:58 -0500

In the post 9/11 world, the United States exercised a cautious view towards anything foreign. Citizens were urged to report suspicious behavior to the federal authorities and there was a large-scale belief that a biological attack would come from abroad. Few, if any, citizens expected biological attacks to come from within the United States’ own borders. Robert Stevens, a photo editor in Florida, was the first victim in a string of Anthrax attacks that were carried out by government workers in the United States.

The United States Army Research Institute for Infectious Diseases (USARMIID) turned out to be the source of five distinct Anthrax deaths in 2001. Rife with security gaps, Dr. Bruce Ivins, the alleged perpetrator, was granted access to some of the nation’s most secret and deadly biological weapons. Former workers at USARMIID reported that many employees were allowed access to biological weapons before background checks were completed and others were allowed access to stocks of Anthrax that were not properly controlled and contained by the US Army. Dr. Ivins’ mental status was never properly investigated and despite medical records clearly illustrating his instability he was allowed to proceed with his work at the US Army Laboratory.

While medical records are usually confidential, the U.S. Government had the authority scrutinize the medical records of anyone working at USARMIID as a condition of allowing them to work with the world’s most dangerous pathogens. Dr. Ivins’ mental status and past medical records clearly illustrated his mental instability and had the federal government exercised standard procedure when hiring, this doctor would have been disqualified for employment. He was a paranoid schizophrenic and he was allowed access to deadly weapons that the US Government had been testing as weapons and to new vaccines the government was developing for pathogens. Ultimately, he was able to carry out his measured attacks because of the lax security measures in place at USARMIID in Maryland.

Although partly the responsibility of this rogue scientist, the deaths in the attacks were also mainly due to lack of oversight. The facilities in question did not have CCTV cameras to deter foul play, their security guards lacked proper training, and the open-ended access in the facility all contributed to the deaths of the victims in the attacks. Analyses by experts in the case concluded that there was a serious threat to the general population and that these attacks could have been carried out by nearly anybody that had access to these deadly pathogens since the Steven’s case was brought forward. The security at facilities working with deadly pathogens has been increased to a level one would expect when working with biological weapons.

Dogs Bite Approximately 4.7 Million People in the U. S. Annually

Mon, 26 Mar 2012 14:41:41 -0500

A recent study showed that 1,000 Americans are treated in emergency rooms per day as a result of dog bites. In 2010 there were 34 fatal dog attacks in the United States. Children are the most frequent victims, half of whom are bitten in the face. In 2008, dog bites sent an average of 866 people every day to emergency rooms throughout the country for treatment - nearly 40 percent of them children and teens.

The following are just a few of the dog bite cases from across the country:

Palm Beach Co., FL - Mother and grandmother attacked by Doberman
while walking employer's Jack Russell Terrier.

Canandian Co., OK - Defendant's dog bites minor in face at public park -
puncture wounds to the face - permanent facial scarring to minor female.

Miami-Dade Co., FL - Plaintiff attacked by pit bull - bite wound to hand -
nerve damage - decreased function of dominant right hand.

Suffolk Co., NY - Dog bites plaintiff in face - 50 stitches - permanent
facial scarring.

Middlesex Co., NJ - 29 month old infant bitten by neighbor's dog - scar
under eye and above lip - plastic surgery contemplated in future.

Hillsborough Co., FL - 8 year old attacked by German Shepherd - bite
wounds to eyelid and face - 23 sutures required - psychological injuries.

Miami-Dade Co., FL - Plaintiff attacked by Belgian Shepherd - multiple
bite wounds to arms and chest - permanent scarring - loss of use of 2 fingers - emotional
injuries.

Careless Driver Causes Serious Injuries in Ft. Pierce, Florida

Thu, 23 Feb 2012 09:29:39 -0500

Carelessness is a major cause of many of the accidents occurring on our roadways today. That coupled with the ever increasing speed of traffic on our highways means you have a real possibility of being involved in a traffic accident every time you get behind the wheel.

The victim in this Florida automobile accident case was a wife and mother of two children residing in Ft. Pierce, Florida. She was a seat-belted driver traveling east on Midway Road entering the intersection of the I-95 southbound entrance ramp when another driver made a left turn in front of her, thereby causing the front of the victim's vehicle to collide with the right rear section of the other vehicle. The other driver was charged with violation of right of way.

As a result of this accident, the victim sustained injuries to her chest, neck, back, right hip and head. She sought treatment at Lawnwood Hospital where x-rays were taken and she was diagnosed with lumbar strain, contusion to her left chest and right shoulder strain. The victim was then released with prescriptions for pain and referral for follow-up treatment.

The victim next sought treatment with a chiropractor who treated her with heat, massage and adjustments, and subsequently ordered a cervical and lumbar MRI. The MRI revealed disc herniations at C5-6, C6-7 and L4-5.

Due to the positive MRI findings, the victim next visited a neurosurgeon and after his examination, he related her injuries to this accident and recommended further conservative therapy for an additional two months. A few months after completing the conservative therapy, the victim returned to the neurosurgeon due to continued complaints of severe neck pain, arm pain, right arm tingling and weakness. The neurosurgeon has recommended an anterior cervical discectomy and fusion at two levels, C5-6 and C6-7. He states that the lumbar disc hernation at L4-5 is responsible for the victim's lumbar pain and will address this matter after the cervical surgery.

School Crossing Guard Witnesses Serious Crash at Intersection in Wellington, Florida

Mon, 06 Feb 2012 09:48:20 -0500

Side impact accidents or T-bone collisions as they are often called are more likely to be fatal than front or rear end accidents of similar force. The side of a vehicle is usually far less protected than the front or the rear and therefore there is less protection for the passengers inside the car. Although side airbags can be of help, they offer little assistance in a serious broadside crash. This type of crash is most often caused by one car not yielding the right of way, usually resulting in very serious injuries.

Such was the case in this Florida automobile accident case. This accident occurred at approximately 2:00 p.m. at an intersection in a school crossing zone. The school crossing guard on duty at the time witnessed the accident and stated that the victim was attempting to execute a left turn at the intersection when the other driver ran a red light and caused a heavy, t-bone style crash between the two vehicles.

The victim in this case was a hardworking husband and father, and in fact, he had his six year old daughter in the car with him at the time of the accident. She was not injured in the crash, but because his daughter was in the vehicle and pretty shaken at the time, the victim did not immediately go to the emergency room after the accident.

He initially treated with a chiropractor for injuries to his neck and back and pain down into his left arm. He had hit the left side of his head during the collision as well. He received some injections while under the care of the chiropractor and was sent for a cervical MRI. Shortly thereafter, he began treating with a neurosurgeon who recommended that he undergo an anterior C4-5, C5-6 decompression, fusion and anterior instrumentation.

After much consideration and discussions with his wife, the victim did undergo surgery for an anterior cervical disk fusion at C4-5 and C5-6. The vicitm was out of work for six to eight weeks, and his medical expenses totaled more than $115,000.00.

Family Awarded 4.5 Million After Baby is Born Disconfigured

Tue, 17 Jan 2012 21:51:57 -0500

Ana and Rodolfo Santana were brought to tears Friday, September 9th when a Palm Beach County jury awarded them 4.5 million dollars, half of what the family was asking for, to provide medical care for the duration of their son's life. Bryan Santana's life expectancy is a healthy 70 years old, and the funds awarded will ensure that he is cared for in the duration of his life and will cover prosthetic limbs.

“The money awarded to the Santana family will help Bryan live a normal life,” Weisser said. “Properly read sonograms would have clearly shown that Bryan was going to be born without three limbs - the doctors responsible were clearly negligent and blatantly misread ultrasounds.” Doctors should be held accountable for their actions, especially when the livelihoods of regular families in Florida are being harmed.

The Santana family chose not to ask money for pain and suffering, instead stating the money is solely for Bryan. “We are happy knowing that our son will live a more normal life, thanks to the funds awarded by the jury in the suit,” Ana Santana stated.

After careful review of the Santana family's details, Jason Weisser decided to take on the case to bring justice to innocent families harmed by negligent doctors. Recently being awarded Best Medical Malpractice Attorney in the State of Florida, Weisser is an experienced attorney properly prepared to defend the people in the courtroom.

T-Bone Crash in Boynton Beach, Florida Leaves Victim With Severe Head and Neck Injuries, Among Others

Fri, 30 Dec 2011 10:24:30 -0500

Side impact collisions or “T-Bone” collisions as they are commonly called, are more likely to be fatal than front or rear end accidents of similar force. This is because the side of the vehicle is usually far less protected, therefore less protection for the passengers inside the vehicle. Although side air bags can help, unfortunately they offer little help in a serious broadside crash.

Early one morning, the victim in this Florida automobile accident case was traveling south in the far outside lane of Lawrence Road in Boynton Beach, Florida, when a vehicle traveling west on Minor Boulevard turned in front of the victim’s vehicle and collided with the passenger side of her car. The impact was so great that it pushed the victim’s car into a telephone pole which then bent and fell into her vehicle. It took approximately six hours to get the pole off of her vehicle and left the neighborhood without power for eight hours. The other driver in this accident was cited by the Boynton Beach Police Department for violation of right of way.

The victim cannot remember the accident and thinks she was unconscious when the ambulance came and transported her to JFK Hospital for injuries to her head, neck, back, right side, right leg and left knee. Testing was performed and the victim was diagnosed with cervical strain and a closed head injury. She was sent home, only to return a few hours later in severe pain and she was prescribed medication.

The victim followed up on her treatment with a chiropractor with complaints of neck pain, low back pain, mid-back pain and headaches. She felt no relief and the pain became worse causing her to seek treatment from an orthopedist. Her initial treatment with this physician was with chief complaints of neck and upper back pain. After an initial evaluation, the orthopedist noted restricted, painful flexion, extension and rotation by approximately 20 to 30 degrees in each direction. He also noted tenderness over the trapezius where there is moderate spasms, as well as over the paraspinal musculature. The victim was prescribed Vicodin for pain, Medrol Dosepak for inflammation, Flexeril for muscle spasms and referred to a pain management specialist, who noted symptoms and signs on physical exam consistent with left cervical facet mediated pain as a result of the motor vehicle accident. She was placed on Naprosyn as well as Robaxin for muscle spasms. In addition, trigger point injections in the left trapezius muscle were performed, along with a left C3-4, C4-5 and C5-6 medial branch blocks for treatment of her left cervical facet-mediated pain.

Rear-Ended by 18 Wheeler in Jacksonville, FL, Victim Suffers Profound Brain Damage

Fri, 16 Dec 2011 10:13:27 -0500

Across the country, tractor trailer accidents are happening at an increasingly alarming rate, and the consequences can be very devastating for the unsuspecting victims.

The victim in this Jacksonville truck accident case was a husband and father of three children at the time of this accident. He was traveling southbound on U.S. 1 and slowing down as he approached a red light at the intersection of State Road 104 when he was violently rear-ended by the driver of an 18 wheeler.

According to an accident reconstructionist, the other driver was traveling 53 miles per hour and did not hit his brakes at all prior to the impact with the victim’s vehicle. At the speeds calculated, the other driver would have needed only 2.5 seconds to stop his vehicle prior to the impact with the back of the victim’s vehicle. As a result of his complete failure to activate the brakes, he struck the rear of the victim’s vehicle with such force that the Delta V was 40 miles per hour. This is the equivalent of being dropped off a six floor balcony. The impact was so great to the victim’s vehicle that it traveled 1700 feet, or 1/3 of a mile, and then struck a wall at 15 miles per hour.

Additionally, it is estimated that the line of sight for the truck driver leading up to the impact was approximately three miles of visibility. The impact and Delta V were so great, that there is little doubt that even with the utilization of a seatbelt, the victim would have suffered severe and catastrophic injuries such as he did. The victim was rendered unconscious for approximately three minutes as a result of the impact, which bent the steering wheel and broke the dashboard. He was treated on scene by EMS who observed him to be confused and responded slowly to questions. He was transported to Shands Medical Center as a result of his traumatic condition, where a head CT noted a midline shift with fluid collection, left cerebral hemisphere. The victim suffered a grand mal seizure overnight.

The head injury suffered by this victim required him to undergo a craniectomy at Shands Hospital. Subsequent to his surgery, the victim underwent intensive rehabilitation at both Brooks Rehabilitation Hospital and the Florida Institute for Neurologic Rehabilitation. Additionally, the victim suffered a torn labrum that was surgically repaired.

Florida Class Action Lawsuit Regarding Red-Light Cameras Proves Successful - New Laws More Fair to Drivers

Wed, 30 Nov 2011 13:12:55 -0500

Florida drivers are witnessing a rise in the number of shiny new red-light cameras at intersections all over counties in Florida. The most common ones are placed over top red lights at intersections, but others exist disguised as poles behind each corner of the intersection. Approximately twenty-seven cities and two counties were sued with more than half agreeing to settle, and the other half continuing with litigation.

The experienced South Florida trial attorney’s are fighting for the citizens all over Florida. The firm’s class action lawsuits resulted in changes to the law in July 2010 making it much easier for citizens to contest tickets in front of a judge. Another key change resulting from the suit is broad restrictions on right hand turn red light tickets. These were responsible for approximately 80-90% of all tickets in Florida.

In addition to increasing due process for the citizens of Florida, Jason Weisser, a senior partner in the firm states, “the lawsuit made the process much more fair and we are proud of that.” “It has standardized fine schedules and made them consistent around the state. Plus the money collected now goes to the State of Florida rather than to a private company.”

As plaintiff’s attorneys we strive to fight for the people. Our mission is to hold lawmakers accountable for their actions and create equality for the citizens of Florida. We hope one day to get this case brought in front of the Florida Supreme Court, because under current legislation we are only suing individual cities and counties.

Eye Surgery in West Palm Beach, Florida Causes Partial Blindness

Wed, 23 Nov 2011 11:58:34 -0500

Medical malpractice cases have now become some of the most difficult cases for attorneys to undertake. While the attorney would like to be able to assist the potential client in obtaining some financial assistance for their pain and suffering and especially for the past, present and future medical care, the case must be a very clear cut case of medical malpractice because insurance companies, hospitals and doctors fight these cases with all of the resources available to them.

In this particular case, while working in his kitchen at home on a Saturday, this 60 year old gentleman suddenly began to have lines going through his left eye, and then just as suddenly, they went away, leaving him with somewhat blurred vision. With no recent trauma or strenuous activity to explain this strange occurrence, he called and made an appointment with his ophthalmologist for the following Monday.

Upon examination of this gentleman’s left eye, the ophthalmologist informed him that he had a detached retina and his office set an appointment for the patient to go directly to a retinal specialist that same day. The retinal specialist examined the patient and performed laser surgery on his left eye that very afternoon. Two days later, it seemed as if a veil had come down over his left eye and he completely lost his vision. The retinal specialist scheduled this gentleman for surgery for a retinal detachment. This surgery went very well and he recovered his vision in his left eye.

At the follow-up visits for the left eye surgery, the specialist suggested a “little surgery” for this patient’s right eye and it was soon scheduled because the patient was under the impression that this was a very routine procedure. The physician never discussed with this patient the possible complications that could come from this surgery.

Unfortunately, the surgery on the right eye did not go well and the patient was told to return the following morning. At that time, his right eye was drained with two needles sticking out of his eye. The patient was to return to the retina specialist the following afternoon and at that time the physician examined his right eye and informed him that he had a cataract in his eye and that was the reason he could not see yet. He also was informed that he had a retinal detachment from the macular and would need surgery once again.

Surgery was performed on this gentleman’s right eye and a bubble was placed in his eye at that time, along with a buckle. The patient was instructed to stay in a face down position for at least 20 hours a day and had to rent a face down chair for assistance in keeping this position as instructed. Follow-up visits continued with this specialist once or twice and week and on many visits he would perform laser surgery on this patient’s right eye.

A few months later during a follow-up visit, the patient was informed that he would need a different procedure to his right eye. This time, the physician would put oil in his eye to try to keep the retina attached. He also removed the lens in the patient’s right eye during this procedure. This was the third surgery to this gentleman’s right eye in three months.
After this latest surgery, the patient was still unable to see out of his right eye and had continued with countless follow-up appointments with this retinal specialist. On some of the visits he would receive additional laser treatments to his right eye.

Careless Truck Driver Causes Permanent Leg Injuries in Orlando, Florida

Fri, 14 Oct 2011 10:33:58 -0500

The victim in this personal injury case is a widow who was working as a security officer in Orlando, Florida, when an incident happened that would result in serious and permanent injuries and change her life forever.

As a part of her job, she was required to check and count pallets in the tractor trailers located at her place of employment. Unfortunately, while the victim was on a ladder counting the pallets in one trailer, the driver of the truck did not wait until she was out of the trailer and began backing up, causing her to fall off of the ladder. The Defendant blamed the victim for the accident alleging she should not have been in the truck even though the truck had yet to be sealed. There was no excuse for moving the truck or trailer when the victim was still inside, but the Defendant admitted no fault and continuously blamed the victim.

The victim suffered a severe right knee and ankle injury, and the knee injury resulted in surgery on her right knee for a torn meniscus. She was subsequently diagnosed with blood clots, or DVT’s (deep vein thrombosis).

Actually, the DVT’s are an important issue because of the damage they cause. The development of the DVT’s required hospitalization, and at that time the DVT’s were located via Doppler ultrasound in the right leg in three veins: anterior vein, posterior tibial vein, and peroneal vein.

DVT’s cause permanent damage to the vein. In the normal person there are no blood clots in the veins. Sometimes blood clots can form in the deep veins of the leg. This is known as deep vein thrombosis. The thrombus grows and gets embedded into the vein wall. The blood clot stimulates a myriad of bodily reactions which cause damage to the vein. The body will try to dissolve the clot or some type of drug therapy with blood thinners may be needed to dissolve the blood clot. In time, any vein which has been affected by a blood clot is usually rendered non-functional. The valves are destroyed and the vein usually becomes large and flaccid. The result is a persistently swollen leg and pain. This is known as the post phlebitic (post blood clot) syndrome. This victim was diagnosed with post phlebitic syndrome, which is characterized by leg pain, swelling, itchiness, dryness and eventually skin ulceration as a result of prolonged venous hypertension. Much of the future pain and suffering this victim will experience will be directly related to the DVT issues.

This victim’s medical bills directly related to this incident totaled over $30,000.00 and more likely than not, she will heed a total knee replacement in the future which typically ranges in cost from $15,000.00 to $30,000.00.

Luckily, the victim in this case contacted Attorney William Zoeller who was successful in obtaining a settlement without the necessity of a trial so that she will now be able to get on with her life and should she need the knee replacement in the future she will be able to obtain that surgery.

Beverage Truck Charged with Improper Backing in Accident Causing Serious Injuries in Stuart, Florida

Wed, 14 Sep 2011 15:45:08 -0500

Sometimes you don’t even need to be driving to be involved in an accident. In fact, you can receive very serious injuries just going about your daily business, unaware that serious injury is about to occur. That is exactly what happened to the victim in this Florida truck accident case.

The victim, a single mother with an eight year old daughter was at a gas station in Stuart, Florida, standing outside her driver’s side door and leaning in over the seat vacuuming the passenger side floor when a beverage truck backed into her passenger side door. The victim stated that she never heard any back-up cautionary alert sound from the beverage truck before it struck her vehicle.

The driver of the beverage truck stated to the victim that he did not see her and he was sorry. The incident was investigated by the Martin County Sheriff’s Department and the driver was cited for improper backing.

The victim sustained severe neck and back injuries and sought treatment at Martin Memorial Hospital where x-rays were taken and she was prescribed medication. She subsequently followed up with her treating physician, who reviewed the x-rays taken at the hospital and noted the victims continued aching and burning discomfort in her lumbosacral area radiating into her buttocks and prescribed physical therapy. She returned back to Martin Memorial Hospital shortly thereafter complaining of upper back pain between her shoulder blades which increased with any movement.

Due to continued bouts of pain, the victim sought treatment with an orthopedic surgeon for complaints of pain to her neck, back and headaches. Diagnostic testing was ordered and injections to the lumbar spine were performed.

The victim also sought treatment with a chiropractor with complaints of low back pain and burning sensation. She described the pain as dull in her shoulders and neck causing headaches. She described sharp pain in her middle back and she had difficulty standing, bending and driving. During the course of his treatment, the chiropractor performed facet blocks of her lumbar spine to alleviate pain. An MRI of the lumbar spine was performed with results of mild circumferential disc bulge at level 4-5. The victim returned to her orthopedic surgeon to discuss the MRI results. He noted continued lower back pain, headaches, thoracic and cervical sprain/strain. They discussed the possibility of a discogram or facet blocks and ablations. She also underwent nerve conduction studies to focus on sciatica of lower extremity.

Telephone Company Employee Dies From Exposure to Dioxin In Chemically Treated Wooden Telephone Poles

Fri, 12 Aug 2011 15:32:58 -0500

Dioxins are environmental pollutants and are of concern because of their highly toxic potential. Statistics have shown they affect a number of organs and systems. After entering the body, dioxins endure a long time because of their chemical stability and their ability to be absorbed by fat tissue, where they are then stored in the body. The estimation of their half-life in the body is seven to eleven years.

The victim in this toxic chemical litigation case was a 44 year old husband and father of two young daughters when he was first diagnosed with liposarcoma, a soft tissue sarcoma. He had no significant history of cancer in his family, no history of exposure to carcinogens, no genetic defects, and no history of abuse of recreational chemicals that would lead to this condition. He did not do mechanical work or wash parts in gasoline, he was not an amateur painter, he did not engage in gardening or work with any pesticides. There is, however, a history of prolonged exposure to pentachlorophenol which was used to treat wood utility poles for many years. He did have exposure to wood utility poles for a period of approximately 20 years while working as a linesman for the telephone company. He did have exposure to the dioxins commonly found in pentachlorophenol which is a known carcinogen. There is undisputed, if not overwhelming evidence, that such direct exposure has caused liposarcoma in other human beings.

This victim, as most linesmen do, worked in jeans and a shirt, without protection from direct contact with the poles. The continuous out-gassing of pentachlorophenol that is common when the wood poles are dip treated, provided a fresh source of dioxin exposure to his bare arms, chest and face as he climbed the poles in hot, humid weather. Dermal absorption is usually the main route of exposure in these cases. The victim often had irritated skin with blister like presentations that oozed on the back of his neck and back. He had an acne-like condition. This was no doubt chloracne, a telltale sign of dioxin exposure which is well confirmed in the scientific literature. He was experiencing heavy night sweats, which is another indication of toxin exposure, as well as fatigue and headaches and in increase in frequency of urination.

One day the victim found a lump in his right lower abdominal area and he and his wife went immediately to the emergency room to have it checked out. He was admitted and the next day an ultrasound was performed and he was brought into surgery. When the surgeon came out of the operating room, he informed the wife that her husband had cancer, metastatic liposarcoma, Stage III. His liposarcoma was categorized as a very aggressive high grade metastatic liposarcoma. The doctors informed the victim’s wife that this was a very rare form of cancer. At the time he also had pleural effusion and was told to go home and return the following day for a chest x-ray. After the chest x-ray, they received a call from the doctor to inform them that he also had a tumor in his left chest wall.

The victim was referred to a thoracic surgeon who decided that the tumor was too large to remove and they were then referred to an oncologist for chemotherapy. Chemotherapy was administered for six months, five days per month. Of course, he experienced all of the side effects of chemotherapy, such as hair loss, mouth sores, vomiting, etc. When he completed his chemotherapy, he underwent surgery for the removal of the tumor. The surgery lasted for nine hours and along with the tumor, a portion of his lung and diaphragm were removed. He was hospitalized for approximately 20 days. He returned home and was attempting to recovery from the surgery. Approximately two months later, the victim’s wife was rubbing his back when she felt a knot on his incision. He went to the thoracic surgeon the next day for a needle biopsy which revealed that the knot was indeed another tumor.

Slip and Fall at Storage Facility in West Palm Beach, Florida Results in Multiple Surgeries

Thu, 28 Jul 2011 14:30:51 -0500

A slip and fall is a claim based on a person slipping (or tripping) and falling. These cases are based on a claim that the property owner was negligent in allowing some dangerous condition to exist that caused the victim to slip or trip and can result in painful and debilitating injuries for the victims.

The victim in this slip and fall case was a mother of four children, when she visited a storage facility located on Forest Hill Boulevard in West Palm Beach, Florida. As she attempted to exit the building and turned to push the door shut, she slipped and fell on a wet cement ramp, landing on her tailbone and right arm/hand which was outstretched.

It had been raining hard earlier that day and when the rain stopped the storage facility removed a large mat from the concrete ramp. However, it continued to rain that day and the ramp remained wet from the rain and from water dripping off the roof without gutters. The storage facility had a duty to maintain all entryways and walkways so that they would not cause a slippery and dangerous premise so as to secure a safe walkway for patrons. To add to the dangerous condition, the mat, which was designed to make the ramp safe, was removed leaving a wet, slimy, moldy, ramp. Such a condition was known, or should have been known, by the storage facility and a “Warning” sign or a mat should have been put in place to correct the dangerously wet ramp.

The victim initially treated with a physician who ordered an MRI of the lumbar spine, right wrist, neck and right shoulder. The lumbar MRI revealed disc bulges at L1-2, L4-5 and L5-S1, however, the victim had a prior low back injury which caused the bulges in the low back. An MRI of the cervical spine revealed disc herniation at C3-4 and C5-6. A follow up MRI of the cervical spine showed C5-6 focal central disc protrusion/herniation which impinges upon the anterior thecal sac and effaces the ventral cord surface.

The victim then came under the care of an orthopedic surgeon who recommended continued therapy with her initial physician and referred her to a pain management physician who treated her with a series of trigger point injections. She returned to the orthopedic surgeon due to continued neck pain which radiated down her right arm. The surgeon recommended and then performed an anterior cervical discectomy with fusion at C5-C6.

Multiple Injuries Result from Other Driver’s Careless Inattentiveness in Delray Beach, Florida Accident

Fri, 17 Jun 2011 10:44:00 -0500

One driver not paying attention and driving carelessly can cause lifelong medical problems for countless other safe and attentive drivers.

The victim in this Florida automobile accident case was quite active, worked out regularly at the gym and enjoyed biking prior to this accident. He has two sons, ages 11 and 16, and is a committee chair for their local Boy Scout troop.

This accident occurred on I-95 just south of Atlantic Avenue in Delray Beach, Florida. The victim was traveling southbound on I-95 when another driver (who was not paying attention and driving carelessly) lost control of his vehicle, struck another vehicle and then plowed into the victim’s vehicle at a high rate of speed. The impact was severe and resulted in substantial property damage. Thankfully, the victim was wearing his seat belt when the accident occurred, or the injuries would probably be much more severe.

Fortunately, the victim did not require any emergency medical treatment at the scene of the accident. However, he experienced the immediate onset of severe pain in his neck directly after the accident which resulted in an emergency room visit at Columbia Hospital. After being examined and undergoing a diagnostic work up, the victim was released with a diagnosis of cervical strain, prescriptions for medications and a recommendation to follow up with a physician.

The victim followed up with a chiropractor for continued pain in the neck as well as pain that developed in his lower and mid back, and left wrist. The treating chiropractor placed the victim on a conservative chiropractic/therapeutic rehabilitation program, and based on the extent and severity of his complaints of pain and symptomatology, ordered MRI’s of the lumbar and cervical spine.

The lumbar MRI revealed that the victim was suffering from multiple bulging discs, but more importantly, annular tears at three separate levels. In addition, the cervical MRI revealed that the victim was suffering from three separate bulges and a 2mm anterior disc herniation at the C4-5 level.