Miami Injury Lawyer Blog

Woman Suffers Spinal Injuries After Cruise Ship Fall

Mon, 14 May 2012 11:17:32 -0500

In the middle of summer, Karen Kollinger decided to take a two-night cruise to the Bahamas aboard Celebration Cruise Line's "Bahamas Celebration" ship. The trip was anything but a celebration. On July 30, 2011, Kollinger was making her way down a staircase when "she was virtually catapulted out of her shoes," according to her attorney. Kollinger was heading down a staircase aboard the ship when her heel got stuck under a raised metal strip that was supposed to be holding the carpet down. Kollinger fell head first down the staircase and injured her spine so severely that she required cervical spine surgery.

Kollinger filed suit against Celebration Cruise Lines in the United States District Court for the Southern District of Florida alleging that Celebration was "negligent in maintaining the stairs in a safe condition, which created a dangerous situation," as stated by her lawyer. Papers filed with the court claim that the cruise line did not maintain the ship in a reasonably safe manner. Her attorney stated the ship was in calm waters and did not contribute to her fall. Additionally, the papers claim that Celebration failed to correct a dangerous condition that it was aware of or should have been aware of and as a result, Kollinger was injured.

Since the fall, Kollinger has amassed over $100,000 in medical bills, including expenses for her cervical spine surgery. Kollinger claims she has suffered a tremendous amount of both physical and mental pain as a result of Celebration's negligence. The court papers did not specify the amount of damages Kollinger is seeking. Celebration has declined to comment on the suit.

Jupiter woman sues Celebration Cruise Line for negligence, damages, www.sun-sentinel.com May 9, 2012.

Miramar Man Suffers Injuries After Pitbull Attack

Mon, 07 May 2012 13:52:24 -0500

Seventy-six year old Walter Roach was out taking a walk one Wednesday morning in his Miramar neighborhood when he was attacked by his neighbor's pit bulls. As Roach was walking, a larger pit bull, called "Reds" by his owner, and two pit bull puppies ran up to him and began scratching at his legs. He likened the experience to "a guy tak[ing] a machete and chop[ing] you." Roach was taken the Memorial Hospital Pembroke where he received 24 stitches for the dog bites on his arms, legs and back. Doctors required Roach to remain at the hospital because of his age.

Roach's neighbor, Reds' owner, said Reds and the two other dogs somehow got loose but never would have attacked someone unless provoked. Animal Patrol came and took Reds away to place him in quarantine for the next ten days. The pit bulls' owner was cited for three violations: one for having a loose dog, another for an animal bite causing injury and one for enclosing the dogs in inadequate fencing.

Broward County, where Roach resides, allows pit bulls as pets, while they are strictly banned in Miami-Dade County. However, Miami-Dade voters will vote on whether to end the pit bull ban this August. Despite being a Broward citizen, Roach "300%" supports the Miami-Dade ban.

3 pit bulls attack man in Miramar, www.local10.com May 2, 2012.

Palm Beach Polo Mogul Settles Wrongful Death Suit With Victim's Parents

Mon, 23 Apr 2012 09:51:32 -0500

Earlier this year a Palm Beach jury found Wellington polo mogul John Goodman guilty of DUI manslaughter and vehicular homicide for the drowning death of Scott Wilson. Earlier this week Goodman's attorneys revealed that Goodman had settled the pending wrongful death lawsuit with Wilson's parents, Lili and William, for $46 million dollars. Lili and William Wilson will each receive $23 million. Goodman's attorneys revealed the amount of the settlement in an attempt to get Goodman released from jail while he appeals his convictions. Following the settlement, the Wilsons dropped the wrongful death lawsuit before the criminal trial began.

Twenty-three year old Scott Wilson, a UCF engineering graduate, was driving his Hyundai home from his sister's birthday party in Orlando, when a drunken Goodman crashed his Bentley into Wilson. Wilson's car was shoved into a canal and he later drowned. Goodman drove away from the scene without checking on Wilson. Three hours after the crash, Goodman's blood alcohol level remained twice the legal limit.

The amount of the settlement was speculated for weeks as Goodman created headlines with his attempts to hide his assets from the Wilsons. While the Wilsons settled with Goodman for $46 million, Goodman's insurer will not pay out the entire claim. The Player's Club, the equestrian "hangout" where Goodman drank vodka cocktails and tequila shots before the crash, will pay the Wilsons $6 million to settle its claims with the Wilsons. Lili Wilson's attorney stated that she might use the settlement money to create a tribute to her son.

JAmount of Goodman settlement revealed: $46 million, www.palmbeachpost.com April 19, 2012.

One Child Dead, Several Critical After St. Lucie School Bus Crashes Into Semitrailer

Mon, 02 Apr 2012 16:02:19 -0500

Filled with students after a long school day at Frances J, Sweet Elementary School, bus driver Albert Hazen was driving thirty students down Okeechobee Road when he attempted to take a left. The school bus turned in front of a Peterbilt semitrailer carrying sod that was heading the opposite direction and the truck crashed into the side of the school bus. The accident left nine-year old Aaron Beauchamp dead and sent eleven children to the hospital, five of which were placed in critical condition. Florida Highway Patrol Lieutenant Jeff Johnson said, "In this situation, with that large of a vehicle striking the bus from the side, the bus held up pretty good, but unfortunately, the human body is not made to take that kind of a hit." While the school bus was equipped with seatbelts, the students are not required to wear them, and the school bus operator is not liable if children refuse to wear them.

The investigation of the crash is ongoing and the police have yet to determine the fault of the crash. The police are looking into whether the semitrailer was functioning properly and whether it was overloaded. Because the bus was only half-full, the police have already concluded that it was not overloaded. The police have ruled out weather as a factor in the crash and are looking "at mechanics or the human aspect of it" in an attempt to determine liability for the crash. The police stated that most bus accidents are the result of a rear end collision and children only typically suffer minor injuries.

The school district is also investigating the incident. In the meantime, the school is providing grief counseling to students affected by the crash. Social workers and psychologists are working together to determine the best way to help the young children.

5 kids in St. Lucie school bus crash 'critical' in hospital; some released, www.tcpalm.com March 27, 2012.

Pregnant Mother Dead After Car Crashes Into A Fort Lauderdale Cabana

Mon, 19 Mar 2012 09:59:23 -0500

Michael Demella has to return to his Boston home alone. He will to open the door to find baby gifts and clothing and will have to face the reality that there is no baby coming home. He has to go to the room he once shared with his wife and face the fact that she is not coming home either. Michael's wife Alanna was killed when Rosa Rivera Kim lost control of her vehicle and plowed through a fence and into a cabana at the Riverside Hotel, knocking over two pillars. Alanna, seven months pregnant with a baby boy, was in the bathroom of the cabana when the car struck.

The Massachusetts couple was vacationing in Fort Lauderdale after winning the trip through their local church. Alanna, a third grade teaching assistant who worked with special needs children, and Michael were hoping to enjoy one last vacation before the birth of their son. The couple attended a marriage conference and opted to spend an extra day lounging by the pool at the Riverside Hotel. That extra day cost Alanna her life. Upon hearing the crash, hotel guests attempted to get to rip through the debris in an effort to try and reach her. Her husband was in the men's room at the time of the crash and came out to find his wife lost in the debris. She was dead when rescuers found her and they believe she and the unborn baby were killed instantly by the impact.

Rosa Rivera Kim does not remember the accident, according to Detective DeAnna Garcia. Kim lost control of her vehicle as she rounded a curve on SE 4th Street near Las Olas Boulevard in Fort Lauderdale. All Kim remembers is being removed from her vehicle. The police are continuing their investigation into the matter and may request a toxicology report. No charges have been filed.

Pastor: Pregnant Woman Killed By Car Won So. Fla. Trip Through Church, www.miami.cbslocal.com March 19, 2012.

Key West Boating Accident: Widow Files Wrongful Death Suit

Mon, 20 Feb 2012 16:08:44 -0500

Last November, Joey Gratton and Stephen Page were racing towards victory in the Key West Super Boat World Championship when disaster struck in the final law of the race--Gratton and Page's 38-foot catamaran overturned as the drivers rounded the first turn. Page was able to exit the boat through an escape hatch built into the floor of the cockpit, but Gratton remained trapped by the harness system that was designed to keep him safe during races. The boat began to sink with Gratton trapped inside. Gratton drowned as the boat went under water.

Gratton's widow, Priscilla Gratton, has filed a wrongful death suit in Broward Circuit Court against John Carbonell, the President of Super Boat International Productions, Inc. and against the race's medical directors, Donald DiPetrillo and Brian Haff. The suit alleges that Gratton was alive and uninjured following the crash, but that Carbonell refused to deploy certified rescue dive paramedics in an effort to avoid their cost. Instead, the suit alleges, Carbonell ordered two "untrained, inexperienced and ill-equipped volunteers" on a nearby boat to respond to the crash. The volunteers took several minutes to reach the boat, and by the time they arrived, the suit claims, Gratton was already trapped inside, his emergency oxygen tank was depleted, and as a result, Gratton drowned.

In the complaint, filed with the Court in February, former president of the American Power Boat Association Michael Allweiss stated, "This should have been a routine, successful rescue, had Defendants merely followed standard industry practices, procedures and [Super Boat International's] own rules." Gratton's death followed the drowning deaths of two other racers at the event's opening two days earlier. The wrongful death suit also alleges gross negligence, claiming Carbonell prevented rescue personnel from conducting pre-race safety inspections in an effort to avoid liability in light of a crash.

Widow files suit over powerboat racer's death in Key West race, www.miamiherald.com February 20, 2012.

Pompano Beach Child Remains In Critical Condition After Being Struck By Car

Mon, 30 Jan 2012 16:16:40 -0500

Six-year-old Robert Glover Jr. lays in critical condition at Broward General Medical Center after being hit by a car as he was riding his scooter down the street. Marcus Permenter, 28, ran a stop sign and crashed into Chiledric Jacques' 1991 Toyota Camry. Permenter's car struck the young boy, a fence, a parked van, a tree and a pickup truck before coming to rest. Jacques' car spun around multiple times before ending up in a yard near the intersection. The boy's father watched the entire accident unfold.

According to neighbors, racing is a common problem in the area and many feel as though an accident like this was bound to happen. "Young guys out there speeding, building these cars to race. They need to put speed bumps in the residential neighborhoods. It needs to stop," neighbor Rodney Martin stated and fellow neighbor Bernice Martin agreed. "Just slow down. This is not a speedway. This is a residential neighborhood and there are kids out, so everybody needs to take their time and slow down," Martin stated.

Glover's father, who witnessed his son being struck by the car, forgives the drivers. Conceding that mistakes happen, he stated that he doesn't want Permenter to go to jail for the rest of his life over this accident. Glover's main concern is praying for his son to get better. Bernice Martin summed up the tragedy of the day, commenting, "Little fella, he's always riding up and down the street on his little thing. It's sad."

Boy, 6, Critical After Car Careens Into Him On Sidewalk, www.miami.cbslocal.com January 30, 2012.

Miami-Dade Jury Awards Day Care Rape Victim $3 Million

Mon, 23 Jan 2012 12:21:30 -0500

Imagine sending your five-year old child off to day care and later come to find out that he or she had been attacked while there. Imagine finding out that a teenager had repeatedly raped your five-year old daughter when you sent her off to daycare. It is a parent's worst nightmare; and for the parents of a five-year old Miami-Dade girl, their nightmare came true in 2008.

In 2008, while the young girl was at Discovery Day Care, which is located on SW 67th Avenue, she was raped multiple times by a thirteen-year old boy during scheduled nap times. The boy was the son of the center's then-director. Her parents filed a civil suit in 2009 against Discovery, asking that the center be held responsible for failing to provide supervision and for failing to keep their child safe. The girl's attorneys maintained, "There's no need for new laws here. There are laws on the books that [Discovery] simply chose to ignore." While the teenager denied the allegations, at trial a therapist testified that he admitted to raping the girl during a therapy session. After hearing arguments, the jury determined that Discovery was negligent and awarded the young girl, who is now nine years old, and her family $3 million.

Discovery, which is still in business, maintains that children were never left unsupervised and therefore, any abuse of the girl could not have happened. Discovery's attorneys have stated that they intend to request a new trial and if the new trial is not granted, they intend to appeal the verdict. The director, whose son abused the girl, has left the day care center. Two more civil suits have arisen against Discovery--one from a girl who saw the teenager abuse the young girl and one from another child who also claims to have been abused.

Dade jury awards parents of girl $3 million in abuse case at day-care, www.miamiherald.com January 18, 2012.

Miramar Teen Given Improper Vaccine Wins Millions

Mon, 16 Jan 2012 16:56:54 -0500

When she was just a baby, Shaniah Rolle was given a vaccine that caused her to lose all four of her limbs. Following the removal of her spleen as a newborn, Rolle was given a special vaccination that was intended to protect people without spleens from infection but the vaccine had been expired for five months. When Rolle was eight months old, she was rushed to Jackson Memorial Hospital. Doctors discovered she had a bacterial infection throughout her body and blood clots had formed in arms and legs. Because the infection had led to gangrene in her limbs, doctors were forced to amputate her arms and legs above the joints. "She developed the very disease they were supposed to inoculate her against," her attorney said. Fortunately, Rolle was fitted with prosthetics and has been living a relatively normal life since the amputation.

Rolle's mother filed the medical malpractice suit against the University of Miami's Miller School of Medicine in 2002. The case finally went to trial late last year. University of Miami's lawyers argued that Rolle would still have contracted the illness whether or not she was given the vaccine because her mother did not give her enough medication to prevent the infection.

Despite the attorney's contentions, after five weeks of trial and three days of deliberations, the jurors awarded Rolle $12.6 million dollars. The jurors found the doctor who treated Rolle, Dr. Jeffrey Bosco, five percent at fault, but found several other doctors not liable. However, the jurors found her mother forty percent at fault for not administering the correct amount of medication. As a result, Rolle's award will be cut almost in half. The University of Miami is expected to appeal the award.

Miramar teen who lost limbs wins millions in malpractice suit, www.miamiherald.com January 15, 2012.

Vero Beach Couple Sues Indian River Medical Center For Son's Birth Injury

Mon, 09 Jan 2012 11:43:40 -0500

A little over three years ago, at thirty-eight weeks pregnant, Melissa Guettler walked into the Indian River Medical Center intending to have her labor induced so that she could naturally deliver her baby boy. According to Guettler's attorney, after admission to the hospital, Guettler began to display warning signs that something was wrong. Hospital staff ignored these warnings and Guettler was forced to have an emergency cesarean section. During the cesarean section, doctors discovered that Guettler's uterus had ruptured and quickly delivered her son Patrick, who was not breathing at the time. Hospital staff was able to revive Patrick, but he now has cerebral palsy, which Guettler and her husband Conrad argue is a result of medical malpractice. The Guettlers are seeking $6.5 to $10 million for Patrick's lifetime care as they contend the doctor's negligence was what cause his brain damage at birth.

During the trial's opening arguments, which began January 5, 2012, the Guettlers alleged that an inexperienced nurse attending to Melissa triggered a chain of events that led to both their son's cerebral palsy and the removal of Melissa's reproductive organs. Attorneys for the Indian River Medical Center claimed that the medical problems arose when Melissa's uterus ruptured, which was unforeseeable and there was nothing doctors could have done to prevent the rupture. The trial is expected to take weeks, with numerous experts from across the nation scheduled to testify.

Three-year old Patrick's intellect is fine despite having cerebral palsy; however, he falls a lot, can't speak well and "slobbers so much he sleeps between his parents so they can prevent him choking." Melissa Guettler, who had three children without any problems before Patrick, is now no longer able to have children because her reproductive organs were removed during the cesarean section. The Guettler's multimillion-dollar request does not include damages for Melissa's loss of her reproductive organs.

St. Lucie couple seeks lifelong care for brain-damaged infant, as medical malpractice trial begins, www.tcpalm.com January 5, 2012.

Two Males In Custody After Teen Reports Rape Aboard Cruise Ship

Wed, 04 Jan 2012 15:46:34 -0500

A fifteen-year Iowa girl and her parents boarded a cruise ship in Fort Lauderdale on Christmas morning to set sail aboard Royal Caribbean's Allure of the Seas. On the last night of her ten-day cruise, the girl went to a teen dance club called Fuel. In the early morning hours, another fifteen-year old boy invited her to a party in his stateroom. Under the impression that she would be meeting others in his private room, she went with him.

When she arrived at his room, she only found one other man inside the room. The two refused to let her leave and both proceeded to rape her. Upon leaving the room, she immediately went to ship officials to report the attack. Following the report, Royal Caribbean notified the FBI and the Broward Sheriff's Office, who boarded the ship to investigate when it docked at port. According to a Royal Caribbean spokesperson, the victim received counseling and medical care aboard the ship.

Twenty-year old Brazilian citizen Luiz Scavone was arrested in connection with the rape and is facing charges in Broward County for committing a lewd and lascivious act. He has been ordered to surrender his Brazilian passport and is being held in Broward County's Main Jail on a $10,000 bond. The fifteen-year old boy who invited her to his room is being held at Broward's Juvenile Assessment Center and has been charged with lewd and lascivious battery. His name has not been released because of his age.

Two arrested, accused of raping teen on cruise ship, www.sun-sentinel.com January 04, 2012.

Toys Recalled As The Holidays Approach

Mon, 28 Nov 2011 15:36:22 -0500

If you've thought about purchasing your child the new Sesame Street Oscar the Grouch doll, think again. The United States Public Interest Research Group concluded that the cheap, $6.99 toy has a small hat that poses a choking hazard to children. The report looked into a number of toys already on store shelves for the holiday season and found about a dozen toys that violate federal safety regulations.

Toys of major concern include a plastic book for babies and a hand-held "whirly wheel," both of which contain a high amount of lead. The Group also noted that some toys are too loud for younger children and can lead to hearing damage, including an Elmo talking cell-phone. The Group also concluded that a plastic mini-crossbow that shoots little balls could be a choking hazard for young children.

While the number of toy recalls has been declining in the past few years, with only 34 recalls in 2011, as opposed to 46 recalls in 2010 and 172 recalls in 2008, it is still important to protect your children from potential hazards. The Group reviewed around 200 toys for this year's report. The results of the study can be found at http://www.uspirg.org/edfund/toysafety-2011.

Toy-safety report finds some holiday dangers, www.miamiherald.com November 22, 2011.

Florida Supreme Court Upholds Palm Beach Widow's $10.3 Million Malpractice Award

Mon, 14 Nov 2011 11:51:52 -0500

A medical mistake cost Nadine Raphael's husband his life. In 2003, Raphael's husband, a patient at Palms West Hospital, suffered irrevocable heart damage when he was not given the anti-clotting drug Retavase while suffering a heart attack. He later died from the heart attack.

Raphael filed a medical malpractice suit two years after her husband's death and asked for the damage award to include compensation for her pain and suffering. She was awarded $10.3 million dollars for her loss. Lawyers instantly appealed the decision because three months after Raphael's husband died, the Florida Legislature placed a $1 million cap on the amount juries can award in medical malpractice cases. The new law caps pain and suffering awards at $150,000 per person. The lawyers argued over whether the new law would apply to Raphael's case. Raphael's lawyers argued that the law was inapplicable to her case because it was not in effect when her husband died. Lawyers for Dr. James Schecter, the emergency room physician who cared for Raphael's husband, argued that the law should apply because the law was in effect when Raphael filed her case two years after her husband's death. In 2009, the Fourth District Court of Appeal refused to allow the law to be applied retroactively and upheld the award for Raphael. The Florida Supreme Court also upheld the $10.3 million award, referencing an earlier decision in which it refused to apply a law retroactively.

Unfortunately, because Dr. Schecter has a $1 million limit on his insurance policy Raphael will not get her award right away. Her attorneys plan to file a bad faith claim against Dr. Shecter's insurer, claiming that the insurance company should have settled the case before trial and because it failed to do so, should pay out the entire $10.3 million award.

Supreme Court lets stand $10.3 million award in Palm Beach County medical malpractice case, www.palmbeachpost.com November 9, 2011.

Reports Uncover Subtantial Abuse in Assisted Living Facilities

Mon, 09 May 2011 13:55:25 -0500

Three Miami Herald reporters recently opened an investigation into Florida's assisted living facilities. The results of their investigation were horrifying. As described by the Miami Herald's Fred Grimm, "The maddening thing is that the horrors--and they were gut wrenching--have gone unpunished." The investigation uncovered that some assisted living facilities tie their residents to beds with ropes or locked residents in closets, while others use powerful tranquilizers to subdue their residents. The reporters found residents living in sordid conditions, many suffering from physical neglect, lack of medications and untreated wounds. Many of the residents were beaten, terrorized or raped by staff and other residents of the assisted living facilities. Many of the residents' wounds went untreated. The investigators discovered that one man had scalded himself so badly in a bathtub that he later died from his untreated burns, while another staff member stood by as residents smacked each other with two-by-fours.

"But the most disturbing findings...was that so much of the negligence and abuse and shoddy treatment and outright cruelty and cover-ups went unpunished." Florida law limits the legal liability of nursing homes and assisted living facilities, and as a result, the number of nursing homes and assisted living facilities has skyrocketed. The investigators found a number of reports from state and local agencies noting negligence, abuse and horrid conditions, but the facilities have not suffered any repercussions, only warnings. The states only look into the facilities every two years.

Many nursing homes have been caught putting false causes of death on their residents' death certificates. In one instance, a ninety-three year old woman passed away and the facility listed her cause of death as "failure to thrive." The funeral home was suspicious of the listed cause after seeing sores and injuries on her body. The medical examiner concluded that the resident died of "pneumonia brought on by traumatic injuries, including a fractured neck." The investigators also discovered that many doctors simply declare a cause of death over the phone without ever examining the patient. The reporters concluded that staff negligence--"often utter obliviousness"--directly caused many of the deaths in the facilities.

Fred Grimm: Assisted living facility horrors have gone unpunished , www.miamiherald.com May 04, 2011.

Friedland Law Group Speaks at Coral Terrace for Career Day

Thu, 28 Apr 2011 17:23:43 -0500

On Wednesday, April 27, 2011, Miami personal injury lawyer Michael J. Carmona of the Friedland Law Group visited Coral Terrace Elementary for Career Day. Mr. Carmona had the opportunity to speak to a 4th grade and 1st grade class. One of the classrooms is taught by Mr. Carmona's mother, Teresita Carmona. Attorney Michael Carmona spoke to the kids at Coral Terrace regarding the importance of pursuing their dreams and setting goals in life. Mr. Carmona emphasized the significance of getting a college degree. He also shared his own personal life story as being the son of immigrant parents who had to leave their country, Cuba, due to political reasons. Mr. Carmona was able to communicate and relate to the kids at Coral Terrace Elementary as many of them have either come from Cuba or are children of Cuban immigrants. As such, Mr. Carmona understands the different challenges that today's youth are facing as he has gone through many of the same experiences.

Mr. Carmona would like to personally thank the Miami-Dade Public School system as well as the teachers, staff and children at Coral Terrace Elementary for giving him the opportunity to speak in front of several classrooms. Mr. Carmona still remembers when he was sitting in his elementary classroom and got to listen to police men, doctors, fire fighters, news anchors and how those professionals helped give him motivation and set goals in life. As a result, Miami personal injury lawyer, Michael J. Carmona, was glad to give back and hopefully help the future in forming their dreams.

Coral Gables personal injury lawyer Michael Carmona is very active and involved in the community of South Florida. He is an active member with the Kiwanis Club of Little Havana which helps the underprivileged kids within the community of Miami. He is also an active member with CABA (Cuban American Bar Association) as well as the FJA (Florida Justice Association). The Fort Lauderdale personal injury lawyers at the Friedland Law Group believe it is important to give back to the community. When managing partner, Jonathan Friedland, opened up his firm in 2000 he wanted to make sure his firm was actively involved throughout South Florida and making differences in people's lives. Coral Gables personal injury lawyer Jonathan Friedland has been actively involved with the Big Brother Big Sister program, fighting against MS (Multiple Sclerosis) coaching youth basketball and soccer teams in Pinecrest and Beth Am Temple and FJA (Florida Justice Association).