Wrongful Death

Miami Wrongful Death Lawsuit Seeks Damages from American Airlines for Contaminated Chicken on Flight

November 28, 2011 | by David J. Halberg, Esq.

The family of Othon Cortes has filed a Miami wrongful death lawsuit against American Airlines. They believe that the 73-year-old died last May because he ate contaminated chicken while on a flight going from Barcelona, Spain to New York.

Cortes’ daughter Sandra and widow Rachel say that the food contained Clostridium perfingens, which is a deadly bacteria. After they arrived in the US, Cortes reportedly began exhibiting signs of serious illness, including severe thirst and stomach cramps. His symptoms reportedly grew worse after they boarded their next flight to Miami. While the plane was in the air Cortes reportedly had a “cardiac event.” The plane made an emergency landing and he was then pronounced dead.

Also named as a defendant is Sky Chefs. However, the catering company said it played no part in preparing the meals on this particular flight. It is trying to get the case against it dismissed.

$1.8M Miami-Dade Wrongful Death Settlement Reached in Coral Gables High School Student’s Fatal Stabbing

November 18, 2011 | by David J. Halberg, Esq.

The family of Juan Carlos Rivera has settled their Coral Gables wrongful death lawsuit with the Miami-Dade School Board. A fellow student fatally stabbed Rivera in 2009.

Rivera and another student, Andy Rodriguez, reportedly bumped elbows and that was when the two Coral Gables Senior High students got into a fistfight. Rodriguez then stabbed Rivera numerous times, including one jab to the heart. According to prosecutors, the brawl was over a girl.

Rivera’s family had accused the high school of negligence, including poor supervision, inadequate security, and failing to properly determine which students were troubled. Meantime, Rodriguez has been found guilty of second-degree murder with a weapon. He will be sentenced later this month.

$10.3M Palm Beach Medical Malpractice Award Will Stand, Says the Florida Supreme Court

November 11, 2011 | by David J. Halberg, Esq.

Even though state law puts a medical malpractice non-economic damages, the Florida Supreme Court has determined that the $10.3M Palm Beach medical malpractice verdict in Harvey Raphael’s Florida wrongful death case can stand. However, the court didn’t rule directly on the Raphael verdict. Instead, it referred to a decision it made earlier this year striking down a decision by the state’s legislature to make the medical malpractice caps law retroactive.

Raphael sustained irrevocable hurt damage in 2003 when ER Dr. James Schecter at Palms West Hospital failed to give him Retavase, which was the anti-clotting drug that he needed. This occurred three months before Florida’s medical malpractice caps went into effect.

While attorneys for the Schecter claimed that the Palm Beach County medical malpractice lawsuit was filed two years after the caps became official, the Raphael family’s Florida wrongful death lawyer contended that what mattered wasn’t the date of when complaint was filed but when Raphael actually got hurt, which was before the caps went into effect. The Fourth District Court of Appeal upheld the verdict in 2009. However, because Schecter’s insurance policy limit is $1 million, the plaintiffs’ Palm Beach medical malpractice attorney will have to pursue a bad faith claim against the doctor’s insurance company to push for the full verdict amount.

Lantana Woman Settles $50M Wrongful Death Lawsuit Over Anthrax Letter Bomb that Killed Her Husband

October 31, 2011 | by David J. Halberg, Esq.

Maureen Stevens has settled her $50M wrongful death case against the federal government. Stevens is the widow of Bob Stevens, who was one of five people that died in 2001 after inhaling anthrax while opening mail at American Media. Inc (the home of the National Inquirer) in Boca Raton. He was a tabloid photographer. The terms of the settlement are confidential.

Had the Florida wrongful death case gone to trial, it would have once more brought to the forefront the Federal Bureau of Investigation’s claims that Bruce Ivins, an U.S. Army Medical Research Institute of Infectious Diseases researcher, was the only one behind the attacks. The air mail assault came on the heels of the 9/11 plane crashes. The government said that Ivins, who had a history of mental illness, created and mailed the spores. He later committed suicide before he could be charged over the attacks.

In her wrongful death claim, Stevens blamed the government’s inadequate security for allowing Ivins, a “mentally unstable man,” access to the “deadliest substances.” She also claimed that the anthrax bacillus was not properly secured at a military lab.

Broward County Plastic Surgery Malpractice Lawsuit Filed in Liposuction Patient’s Alleged Florida Wrongful Death from Anesthesia Complications

October 21, 2011 | by David J. Halberg, Esq.

The family of Kellee J. Lee-Howard is suing her doctor for her Broward County wrongful death. Lee-Howard died on February 14, 2010, one day after undergoing liposuction.

Her surgeon, Dr. Alberto Sant Antonio was not certified to perform this procedure. According to Howard’s loved ones, he improperly administered the anesthesia to her, which resulted in her death.

Sant Antonio not only lacks the board-certification to perform plastic surgery, but also, per the plaintiffs, he lacks the qualifications to administer anesthesia, did not have someone that was present during the procedure, and was ill prepared to deal with the side effects that anesthesia can cause. According to USA Today, an expert witness for Lee- Howard’s family’s Broward County plastic surgery malpractice case said that the amount of Lidocaine in her body demonstrated a “basic misunderstanding” of patient safety and pharmacology.

Lee-Howard is not the first patient to die following plastic surgery while under Sant Antonio’s care. Another woman, Maria Shortall, went into cardiac arrest during liposuction. According to a complaint filed with the state, the surgeon failed to properly monitor Shortall’s vitals, did not have the necessary equipment to revive her, failed to provide her with appropriate emergency care, and did not diagnose that her heart had failed quickly enough. Shortall’s family is also suing for Florida wrongful death.

Unfortunately, in Florida, more doctors are performing cosmetic surgery even though they lack the proper training. Some even start performing plastic surgery after spending just a couple of days watching other doctors. For example, per USA Today, there are now dentists inserting best implants and gynecologists doing tummy tucks. The consequences can be catastrophic, such as for Rohie Kah-Orukotan, who died after liposuction in Weston. Lidocaine toxicity was cited as her cause of death.

The doctor who performed the surgery on Kah-Orukotan had a background in occupational health. Her family is suing for Weston medical malpractice and wrongful death.

Plastic surgery, even when done for cosmetic purposes, is still surgery. This often requires a surgeon to go cut into the body. It is important that the surgeon that perform your procedure is qualified to do a proper job. Otherwise, medical mistakes may occur that can cause serious health complications.

Lack of training can be deadly in cosmetic surgery, USA Today, September 15, 2011
Mother Dies Post-Op at Weston Plastic Surgery Clinic, Lawsuit Claims, BrowardPalmBeach.com, July 12, 2011
Fat tissue from plastic surgery killed Davie woman, autopsy shows, Sun-Sentinel, September 16, 2011
Lipo Doctor Tried to Save Patient: Attorney, NBC, September 30, 2009

More Blog Posts:
Man to File Lauderhill Medical Malpractice Lawsuit in Wife’s Broward County Wrongful Death Following Butt Enhancement Surgery, South Florida Injury Lawyer Blog, April 29, 2011
Miami Woman Dies After Undergoing Lauderhill Plastic Surgery, South Florida Injury Lawyer Blog, December 31, 2010
Boynton Beach Plastic Surgeon Pleads Guilty to Practicing Without A License in Florida, South Florida Injury Lawyer Blog, August 29, 2008 Continue reading

Miami-Dade Car Accident Lawsuit Filed in Florida Wrongful Death Case Against Coral Gables Teenager

October 7, 2011 | by David J. Halberg, Esq.

The family of Eyder Ayala is suing University of Miami college student Ivanna Villanueva for Miami-Dade wrongful death. Ayala, 68 was killed on Sunday when the vehicle she was riding was rear-ended by the vehicle driven by Villanueva, 19.

Police say they believe that the University of Miami college student may have beeb under the influence of alcohol at the time. They say that she appears to have been driving at a high speed. According to CBSLocal.com, the impact of the crash was so severe that the trunk Ayala’s vehicle ended up in the front seat. She died at the Coral Gables car accident site.

Toxicology results are still pending, so it is not known at this time whether Villanueva will be charged with DUI. She is, however, charged with reckless driving and vehicular homicide. Meantime, Villanueva is out on bond and is under house arrest.

Palm Beach Wrongful Death Lawsuit Filed in 2009 Jupiter, Florida Thanksgiving Shooting

September 16, 2011 | by David J. Halberg, Esq.

A 2009 Thanksgiving celebration turned deadly has resulted in a Palm Beach County wrongful death lawsuit against the parents of the alleged shooter. The plaintiffs, Jim and Muriel Sitton and Antoine Joseph, are related to the Carole and Michael Merhige, who are the parents of Paul Merhige. The Sittons’ 6-year-old daughter Makayla Joy and Antoine’s wife Raymonde are among those that were fatally shot. Paul’s twin sisters, one of whom was pregnant at the time, were also shot dead.

The plaintiffs contend that the shootings could have been avoided. According to their Jupiter, Florida wrongful death lawsuit, Paul was invited by his parents to Thanksgiving dinner at the Sittons even though they knew that their son, who owned a gun, wasn’t taking his medication. The couple even slept at night with their door locked because Merhige lived with them and they were afraid of him.

The Sittons and Joseph claim that the Merhiges invited Paul to Thanksgiving even though they were afraid of what he might do. Their alleged fears were to the degree that Muriel Sitton may have even told one of her daughters that she hoped Paul wouldn’t “kill us all.”

$525,000 Ft. Lauderdale Wrongful Death Settlement Reached Between Broward County School Board and Family of Teen Fatally Shot in 2008 by Fellow Student

September 9, 2011 | by David J. Halberg, Esq.

The parents of Amanda Collette have settled their Fort Lauderdale wrongful death case with the Broward County School Board for $525,000. Collette, 15, died in November 2008 after she was fatally shot by fellow Dillard High School student Teah Wimberly.

In their Broward County wrongful death complaint, Thomas Crowther and Joyce Collette contented that their daughter’s death could have been prevented if only a teacher who knew that Wimberly had threatened to use a gun had reported the information and the school had used their metal detector wands. The teacher in question has sworn that he never knew that Wimberly had a gun.

WImberly, 17, has been convicted of second-degree murder in Collette’s shooting. She is serving a 25-year-sentence. Wimberly is said to have had a crush on Collette and the shooting was retaliation because her feelings were unrequited. By agreeing to settle, the school board is not admitting to or denying wrongdoing in Collette’s shooting.

Florida Products Liability Lawsuit Seeks Damages from Manufacturer of ShoulderFlex Deep Kneading Shiatsu Massager For Parkland Woman’s Wrongful Death

September 6, 2011 | by David J. Halberg, Esq.

Dr. Kenneth Gegerson is suing several companies for Florida products liability and wrongful death. Gegerson’s wife, Dr. Michelle Ferrari-Gegerson, died in a choking accident after the leather necklace she was wearing got caught in a ShoulderFlex Deep Kneading Shiatsu neck massager. The jewelry became entangled in the device’s rotating piece.

In his Miami-Dade, Florida wrongful death complaint, Gegerson blames the providers of the device for failing to put in a mechanism that would have made the ShoulderFlex Deep Kneading Shiatsu stop immediately when the rotating knobs experienced resistance. He also claims that the “defective” product lacked the “obvious and adequate” labeling needed to warn that items could get caught in the massager.

Defendants of the South Florida products liability lawsuit are distributor King International, King Yiu Chan and Si Ming Dui (the creators and patent holders), franchise Relax the Back Corp., and ABP Aventura Inc, which ran the Relax the Back store in Aventura.

Depositions in Boynton Beach Wrongful Death Lawsuit Involving 81-Year-Old Woman Who Bled Out After Botched 911 Calls Are Underway

August 19, 2011 | by David J. Halberg, Esq.

Last year, our Palm Beach County personal injury lawyers blogged on the Boynton Beach wrongful death case of widower Sidell Reiner, who lost his wife Seymour Reiner. The 81-year-old woman died in 2009 after bleeding to death while making Thanksgiving dinner. Now, in Palm Beach County Circuit Court, depositions in the case are taking place.

Seymour bled to death after dropping a wine glass on her foot and cutting herself on November 26, 2009. She called 911 several times, but, unfortunately, Comcast couldn’t locate her residence. It was almost 17 minutes before rescuers arrived at her her home, but because she couldn’t answer the door and no one could see her, they left the premise. By the time Sidell arrived home, his wife was dead from a severed artery in her foot.

Sidell has sued Comcast, the city of Boynton Beach, Deltacom (contracted for operator services), and the Palm Beach County Fire-Rescue. He believes that his wife might have survived if only the defendants hadn’t been negligent. They are all claiming that they did nothing wrong.