Miami Injury Lawyer Blawg

Rick Santorum Favors Caps On Medical Malpractice Damages-But Not For His Family

Sun, 29 Jan 2012 08:40:32 -0500

Florida Medical Malpractice Claims are subject to a cap on damages. Republican's, like Rick Santorum favor caps on damages, so long as they do not effect him or his family.

In the ultimate act of hypocrisy, Rick Santorum follows the Republican mantra that he will push to limit payments to victims in medical malpractice lawsuits, which he of course blames for unnecessarily driving up health-care costs. However, what is good for the goose is not necessarily good for the gander. When Rick Santorum's wife, Karen Santorum filed a Medical Malpractice lawsuit, Santorum testified in support of his wife who sought $500,000, twice the cap in his 1994 legislative proposal.

Karen Santorum claimed that David Dolberg, a chiropractor, performed a spinal manipulation, that caused a herniated disk in her spine, which was surgically removed a week later. Santorum claimed she was left with a permanent back injury that would result in a lifetime of pain medication and restricted mobility.

Of course, the Santorums sought to seal the records in the lawsuit against Dolberg and the center where he worked, saying her husband's role as a senator would draw attention to the case and violate his wife's privacy. The court declined to do so.

As reported in The Washington Post, the Santorums both testified to the non-economic losses she and their family suffered. Santorum told the Fairfax County Circuit Court jury that his wife wasn't able to do some of the tasks she enjoyed as a mother. He said the pain made her unable to exercise and stay fit, and now she "does not have the confidence" to help him with public events on his campaigns.

"We have to go out and do a lot of public things," Rick Santorum said. "She wants to look nice, so it's really difficult."

For the ultimate slap in the fact, Rick Santorum told reporters that he thought the $250,000 cap on malpractice awards in his 1994 legislative proposal might be too low, given the injury his wife had suffered.

Like all Medical Malpractice Lawyers, Karen Santorum's attorney, Heather Heidelbaugh, stressed to the jury that her client suffered "severe and permanent neurologic damage" and this trial was "their only opportunity for justice." The jury wouldn't be around, she said, "10 years from now, when she is 49 years old and can't get out of bed . . . can't play with her sons."

The court returned a verdict of $350,000, which was reduced to $175,000.

Santorum, whose wife has been at his side often as he has campaigned for president over the past year, said in the fall that he was generally in favor of a cap on awarding money for pain and suffering, fearing that juries could be swayed by sympathy and award excess amounts for intangible, non-economic damages. In 2003, he proposed capping pain and suffering awards at $250,000 and allowing larger awards when more than one doctor or medical facility is involved in a malpractice case.

$12.6 Million Medical Malpractice Jury Verdict For Teen

Mon, 16 Jan 2012 20:26:24 -0500

Shaniah Rolle, was the victim of Medical Malpractice when she received an expired vaccine that led to the amputation of her arms and legs.

This unfortunate incident dates back to 1998, when Shaniah's mother, Queen Seriah Azulla Dabrio, took Shaniah to the Unviversity of Miami's medical school's pediatric unit for a checkup. Shaniah had her spleen removed when she was a newborn, and as a result a medical assistant injected Shaniah with a special vaccination designed to protect against infection for people without spleens. Unfortunately, the vaccine had expired five months earlier.

Eight months after receiving the injection Shaniah became seriously ill and was rushed to Jackson Memorial Hospital in Miami. She had a bacterial infection throughout her body that caused blood clots to form in her arms and legs. The infection led to gangrene in her limbs, and doctors amputated her arms and legs above the joints.

Incredibly enough the lawsuit was filed 10 years ago, and The University of Miami denied responsibility even though the expired vaccine led to the very infection it was to protect against

UM's attorneys, Christopher Knight of Miami and John Hall of Atlanta, argued that Shaniah would have contracted her illness despite being given the expired vaccine because her mother failed to give Shaniah enough medication to help stave off the infection.

The Miami-Dade jury returned a $12.6 Million verdict against the University of Miami's Miller School of Medicine. However, the amount Shaniah will receive will be cut almost in half because jurors deemed her mother was 40 percent at fault.

Robots Help Doctors Treat Stroke Patients

Fri, 13 Jan 2012 07:21:25 -0500

Strokes, and the failure to timely recognize, diagnose and treat are on the rise. Approximately 795,000 people suffer a stroke each year in the United States. More than half of those affected will suffer from arm paralysis, which is the inability of a muscle or group of muscles to move voluntarily. When messages from the brain to the muscles don't work properly due to a stroke, a limb becomes paralyzed or develops a condition called spasticity.

As a Stroke Malpractice Lawyer I have witnessed too many individuals suffer with permanent injuries following a stroke. To that end, stroke is the leading cause of serious, long-term disability in the United States.

As reported by the Chicago News Cooperative, Dr. Julius Dewald is trying to meld medicine, science and engineering in a path-breaking way to better understand such impairment and how robotic therapy might help people who have had strokes perform the 1,001 little movements we take for granted.

Dr. Dewald is chairman of the department of physical therapy and human movement sciences at Northwestern University's Feinberg School of Medicine. Dr. Dewald, and his 25-person team are trying to determine if electromechanical devices can more precisely measure impairment and accelerate what is now a belated, long and expensive rehabilitation.

If the damage is on the left side of the brain, the right arm is affected, and with it the ability to control a joint at a time. Even if patients can move the arm somewhat, they won't have the independent control of joints in the elbow, wrist and fingers.

Over time, the project team hopes the robot can help patients better extend their arm -- not completely, but more than they can now. Then the robot can add weight, making the limb heavier, so the patient can mirror a situation akin to living without the robot.

Pompano Beach Firefighter DIes After Fall From Ladder

Sat, 07 Jan 2012 11:02:06 -0500

In a tragic work accident, William "Bill" Elliott, a Pompano Beach firefighter, died after falling nearly 100 feet from the top of a ladder truck during a training exercise.

Elliott, who was 50, had been with the fire department since 1989, and as reported by the Sun Sentinel, Elliott had no wife or children.

An investigation is under way.

Training can be more dangerous than firefighting.

"In order to do this type of work, which is very dangerous, you have to train a lot on your aerial units because that's risky stuff to begin with," Fire Rescue Chief Harry Small explained. "Training is a part of our lives and there's a number of firefighter fatalities annually in the United States from training exercises. It's sad but true."

"We, at this time, have no idea what happened,"Small said. "He did fall approximately 100 feet from the top of the ladder during a training exercise and we'll be investigating that."

Florida Doctor Who Performed Unnecessary Procedures Sent To Prison

Sat, 24 Dec 2011 09:10:15 -0500

The most eggregious cases of Medical Malpractice occur when a Doctor performs an unnecessary medical procedure for money. Unfortunately, these cases are more prevelant
then one cares to imagine.

One case in particular was the subject of a CNBC special.

Dr. Michael Rosin received a 22-year federal prison sentence for defrauding Medicare by performing unnecessary surgeries on elderly patients from the Sarasota area. Rosin also was ordered to pay $48,866 to patients and $3.6 million to the Medicare trust fund. He had to forfeit another $3.7 million to the government.

865 elderly patients went under Rosin's surgical knife, even though biopsy slides seized from his office showed no sign of cancer or were in such poor shape they couldn't be read.
He diagnosed cancer on nearly every patient who came into his office, and almost always removed four layers of skin during surgeries. This, of course, is a statistical anomaly.

Assistant U.S. Attorney Katherine Ho said that abuse of the doctor-patient relationship is exactly what makes a long sentence necessary to send a message to the community.

Cyclist Struck In Lake Worth

Thu, 22 Dec 2011 20:13:32 -0500

I have often written about the danger of bicycle riding in South Florida. Cyclist are confronted with angry drivers, distracted drivers, and on Wednesday a cyclist was struck by driver under the influence of narcotics.

Ikuyo Ohigashi was arrested Wednesday afternoon on charges of DUI property damage and DUI serious bodily injury to another. Ohigashi, was traveling west on Lake Worth Road at about 12:18 p.m. Wednesday when she struck 65-year-old Pertti Viljo Savela, who was riding his bicycle in the bicycle lane near Corrigan Court.

Savela, was thrown from his bike and hit his head on Ohigashi's windshield, shattering the glass. He suffered a brain injury, multiple rib fractures, a bruised lung, and a large laceration on his head. He was flown by Trauma Hawk to Delray Medical Center.

As reported by The Palm Beach Post, Ohigashi told deputies she saw Savela in the bicycle lane and thought he "wobbled over" into her vehicle lane. She also told a deputy that she had taken a 750 mg Vicodin pill several hours before the crash.

She tested negative for alcohol in her system and was too dehydrated for an accurate blood test, which is an indicator of narcotic use, the affidavit said.

Less than two hours before she hit Savela, Ohigashi's SUV crashed into a Dumpster which in turn pushed into another car in a Palm Beach parking lot, according to Palm Beach police. She was charged with failure to leave information. She also reported to deputies that she had hit a tree or shrub as she left her home. Palm Beach police said she also was involved in a crash on Sunday.

Jury Returns $8.8 Million Verdict Against Distracted Driver

Wed, 21 Dec 2011 09:37:44 -0500

Car accidents in Miami are sometimes unavoidable. However, a 2008 car accident caused by a 17 year old habitual texter, is the very definition of an avoidable accident that was caused by a distracted driver.

As reported by The Miami Herald, Myriam del Socorro Lopez was a passenger in a car travelling eastbound on Bird Road, when Luis Cruz-Govin, 17 was speeding and weaving in and out of traffic in his father's Subaru when he slammed into Lopez's vehicle. Lopez died on the scene.

According to evidence presented in the case, Cruz-Govin was driving between 61 and 69 miles per hour in a 40 mph zone. Records showed an outgoing text at 8:19 p.m. On the day of the accident Cruz-Govin had sent 127 texts. Asif speeding and texting was not enough, there was marijuana and cocaine in the Subaru, and a partially consumed bottle of Delsym cough syrup.

Police at the scene charged Cruz-Govin with speeding and reckless driving, but not vehicular homicide. He was given a $2,000 fine, and his license was suspended for six months. In addition, he had to complete a court- ordered advanced driving course.

As I recently wrote, The National Transportation Safety Board recently recommended that the Federal Government ban the use of all cell phone and texting devices during driving. Studies show that Distracted Drivers are 8-10 times more likely to be involved in an accident.

National Transportation Safety Board Urges Ban On Cellphones

Tue, 13 Dec 2011 21:35:07 -0500

In hopes of reducing Car Accidents, The National Transportation Safety Board said on Tuesday that it had voted to recommend the ban on the use of mobile devices by drivers, citing what it said were the risks of distracted driving.

The recommended ban applies to hands-free devices, a recommendation that goes further than any state law to date. The agency said it is recommending that drivers be allowed to use their phones for emergency purposes only.

This proposed ban is in would go a long way in reducing accidents caused by distracted driving. Hopefully, Florida will follow the lead and pass long overdue legislation.

Florida Needs To Pass A Ban On Texting While Driving

Mon, 12 Dec 2011 10:29:55 -0500

35 States have a ban on texting while Driving. Florida does not, and remains one (1) of 15 states without a ban on sending text messages while driving.

The legislative session starts in January 2012, and hopefully lawmakers will enact a ban during the 60-day session.

Despite widespread public support for such a law, bans have been defeated because Republicans view the law as an intrusion on personal liberty. Sen. Ellyn Bogdanoff, R-Fort Lauderdale, famously blocked a proposed texting ban from being heard in her House committee in 2010, a move that killed the bill.

Under the proposed ban, it would still be OK to text at a red light, or use GPS, talk on the phone or dial a number while driving. The ban would extend to composing emails and instant messages.

The first violation would result in a $30 fine. A second violation within five years of the first would cost $60 and three points added to a driver's license. Six points would be added if the use of a wireless communications device resulted in a crash.

Lobbyists from AAA, AT&T and AARP spoke in support of the measure.

Thirty-five states have introduced texting bans on all drivers. Other states have added restrictions for certain groups, such as teens and bus drivers. Of course, Florida has no such laws.

"It's time that we caught up with the rest of the nation," said Sen. Arthenia Joyner, D-Tampa, during the committee meeting, "because texting is addictive."

Some lawmakers are trying other ways to curb distracted driving. An idea (SB 122) from Sen. Eleanor Sobel, D-Hollywood, would require driver improvement and learner's permit courses to include a segment on the hazards of using phones and other devices at the wheel. It passed its first committee hurdle Wednesday.

And Reps. Irv Slosberg, D-Boca Raton, and Sen. Thad Altman, R-Rockledge, have introduced a ban (HB 187/SB 930) on minors using cellphones on the road. Slosberg wants to include school bus drivers, as well.

While the full state Senate has been warm to the ban, having passed it in 2010, the House is another story.

Man Crushed To Death When Oven Falls Off Forklift

Tue, 06 Dec 2011 20:11:57 -0500

A man that was part of a three-person crew attempting to load a 3,000-pound commercial oven onto a truck was crushed when the oven fell off a forklift.

The accident happened shortly after noon at the closed La Reina supermarket in Palm Springs Plaza at 3403 S. Congress Ave.

Palm Beach County Fire Rescue crews were able to lift the oven off the man at about 2 p.m. and his body was transported to the Palm Beach County Medical Examiner's office.

As reported by The Palm Beach Post, fire rescue District Chief William Rowley said a high pressure air bag was used to lift the oven. The air bag, described as being as thin as an envelope, was small enough to fit under the oven and then was inflated to raise the oven between 8 and 10 inches off the ground.

New PSA Warns Teens About Dangers Of Distracted Driving

Mon, 28 Nov 2011 20:08:09 -0500

The U.S. Department of Transportation today unveiled "OMG," a new public service announcement (PSA) to warn teenagers against the dangers of distracted driving.

The PSA is available on the newly redesigned Distraction.gov website, along with new materials designed especially for young drivers. The PSA will air nationwide on Regal Cinema theater screens this week and on gas station pump-top screens owned by Outcast's PumpTop TV throughout the month of December.

Two versions of the PSA will air. A version geared towards a teenage audience will run exclusively on 6,589 movie screens in 526 cinemas across the country that are owned and operated by Regal Entertainment Group. A more somber version will air on the 12,000 screens that top pumps at high traffic gas stations across the United States operated by Outcast's PumpTop TV. Both versions of the PSA are available for viewing on DOT's redesigned website, www.Distraction.gov.

"Today's teenagers make no secret about the fact that they want to stay connected to their social networks and enjoy text messaging. That's why it's so important that we educate young drivers of the dangers of distracted driving and help them make smart decisions that will keep them safe during the holiday season and beyond," said NHTSA Administrator David Strickland.

In 2009, Secretary LaHood launched a national anti-distracted driving campaign to combat the growing trend toward this dangerous behavior, including a dedicated website to provide the public with a comprehensive source of information on the issue. Since then, DOT has also hosted two national summits devoted to reducing distracted driving, crafted sample legislation which states can use to adopt distracted driving laws, and initiated pilot law enforcement programs in Hartford, Conn., and Syracuse, N.Y., modeled after the Department's successful efforts to increase seatbelt use and curb drunk driving.

Currently 35 states, the District of Columbia, and Guam have banned text messaging by all drivers. Nine states, the District of Columbia, and the Virgin Islands have prohibited all hand-held cell phone use while driving.

To view the new ads click here.

To learn more about DOT's campaign against distracted driving, visit www.Distraction.gov.

Bicyclist Killed In Davie By Pembroke Pines Police Officer

Tue, 22 Nov 2011 21:18:30 -0500

As if there are not enough Bicycle Accidents caused by distracted drivers, a cyclist was killed Monday Night by a police officer.

According to Davie police, an on-duty Pembroke Pines police detective struck and killed a bicyclist Monday night in Davie.

As reported by The Miami Herald, Police spokesman Capt. Dale Engle said the crash happened shortly after 9:15 p.m. when The Pines detective's unmarked police cruiser was westbound in the 6600 block of Stirling Road, and struck the cyclist.

The bicyclist died at the scene.

Davie police did not say where the detective was going or why he was outside Pembroke Pines at the time of the crash.

Back Injury Results in $10 Million Verdict

Tue, 08 Nov 2011 20:52:55 -0500

Most personal injury lawsuits against Wal-mart involve accidents that occur inside the store premises. However, in a recent lawsuit against Wal-mart, a 41 year old truck driver was injured when she slipped and fell on ice and grease while making a delivery to a Walmart store in northern Colorado.

The driver, Holly Averyt, underwent three spine surgeries as a result of the fall. Averyt was unable to return to work and she lost her truck.

Wal-Mart, which is known for their litigation tactics, told jurors there had been no grease spill at the store in Greeley. Averyt's lawyers presented city documents during the trial that showed some grease from the store's deli didn't get trapped in a device designed to keep it from getting into the sewer.

A jury awarded $15 million to Averyt in November 2010. Wal-Mart appealed and a lower court granted the company a new trial, saying the award was "excessive, not supported by the evidence and could only be the result of prejudice and bias and the jury's desire to punish Wal-Mart."

Wal-Mart had also said in its appeal that Averyt's attorneys failed to disclose the city documents.

The Supreme Court's ruling on Monday threw out the order for a new trial, saying Averyt's attorneys had no requirement to disclose a document that could be easily found in public records. The court also said any prejudice the jury may have harbored toward Wal-Mart was due to its initial refusal to produce evidence or admit the existence of the grease spill.

Justices reduced the award amount by about $5 million because of a state cap on non-economic damages.

After 4 Injuries Trek Recalls Bicycles

Sun, 30 Oct 2011 09:13:23 -0500

Bicycle accidents are often caused by defective design and defective manufacturing. Recently, Trek bicycle components have come under criticism for breaking.

Now, Trek is recalling approximately 27,000 bicycles because of faulty seat clamp bolts on affected seat posts. The bolt can break, which poses an obvious potential for harm. Four injuries have been reported due to the issue.

The bikes affected are 2012 model year.

Models include:
Trek 7.2 FX, 7.3 FX, 7.4 FX, and 7.5 FX, as well as District and 9th District WSD, Livestrong and Disc models.

Consumers should check the SKU number stamped on the bottom bracket. If the last two numbers are "12" you may have an affected bike and should contact a local Trek dealer immediately.

Florida Panther Yaroslav Kosov Injured In Car Accident

Sat, 29 Oct 2011 16:29:39 -0500

Yaroslav Kosov, 18, the Florida Panthers 2011 fifth-round pick (124th overall) was injured in a car accident in Russia.

Kosov, apparently sustained a closed head injury and back injuries. The rehabilitation will take several months.