South Florida Injury Lawyer Blog

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.

Miami Injury Lawsuit Sues Social Networking Site Over Porn Film Rape

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

An aspiring model has filed a federal lawsuit in Miami suing the social networking site BlackPlanet.com for Florida personal injury. The plaintiff contends that she was drugged, sexually assaulted, and made into a porn star without her consent by men she met through the Web site. Also named as defendants in the Miami personal injury case are Emerson Callum and Lavont Flanders.

The two men are accused of pretending to be talent scouts to get her and eight other women to audition. The nine of them were given Xanax and alcohol before Callum allegedly raped them. Flanders is accused of shooting video the sexual assaults and selling the footage online as pornography.

The plaintiff, known as Jane Doe 11, says she doesn’t remember being raped and she didn’t even know the video existed until her agent found it. According to her Miami personal injury lawyer, the sex crime wouldn’t have happened if BlackPlanet hadn’t been negligent. Her legal team contends that the social networking site, should have known or knew that it had members who were sexual predators.

Deerfield Beach Dog Attack Sends 8-Year-Old Boy to the Hospital

October 26, 2011 | by David J. Halberg, Esq.

Nicholas Quincy Abram Garvey, an 8-year-old boy, is at Broward General Medical Center recovering from his Deerfield Beach dog bite injuries he sustained when he was attacked by a pit bull-like canine this weekend. His mother says that he has approximately 30 inches of stitches on his body, including on his side, leg, ankle, and eyebrow.

Garvey was bitten multiple times. The Broward County dog attack took at around 6:40pm. While he and two friends were riding his bikes down a block. That is when the dog ran out of a yard and knocked him down.

Garvey’s two friends ran for help. Their grandmother, Sharon Haynes, ran out to rescue him. She used a chair to beat the dog away while she pulled Garvey into her home.

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

Florida Nursing Home Abuse: Assisted Living Facility Chain Still Under Investigation

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

According to the Sun-Sentinel, in the wake of the Palm Beach Post’s investigation into the Council on Aging of Florida Inc. in 2009 over allegations of executive pay abuses and Florida nursing home negligence, the state’s Attorney General’s Office is still conducting its own “active investigation.”

The probe also comes following a whistleblower complaint filed by the chain’s ex-chief human resources officer. Richard Castillo says he was fired because he cooperated with the state’s probe. He is now seeking over $75,000 in damages.

The assisted living facilities under investigation include Glades Health Care Center in Pahokee, Riverfront Nursing and Rehabilitation Center in Bradenton, and Gainesville Health Care Center. Also, at the Gainesville facility, maggots were found in one 76-year-old patient’s eye socket last year. Florida’s Agency for Health Care Administration cited the assisted living facility for not telling a doctor about problems while changing the resident’s eye dressings. Our Palm Beach nursing home abuse lawyers posted a blog about this incident last year. Gainesville Healthcare Center, which has ownership connections to Treasure Coast and Palm Beach County, has been flagged for numerous violations in the past by the state.

Nursing Home Patients, Maggots, and Negligent Nursing Care
Unfortunately, finding maggots in a nursing home patient’s wound is not as rare of an occurrence as you would like to think. Unhygienic conditions are one reason why maggots develop in wounds. Basic monitoring and nursing care can prevent such unfortunate incidents from happening. It is important in the wake of such an infestation for a wound to be cleared up immediately.

Our Miami nursing home neglect and abuse lawyers represent nursing home residents and their families throughout South Florida. Assisted living facilities can be held liable for failing to provide a patient with adequate nursing care-especially if this lead to serious injuries, infection, health complications, or death.

Other signs of possible negligent nursing care:
• Poor hygiene
• Malnutrition
• Soiled sheets that aren’t change right away
• Unclean living conditions
• Failure to clean/dress wounds in a timely manner
• Not giving patients medicines as scheduled
• Failure to monitor patient’s condition
• Failure to check patient’s sugar levels, blood pressure, cholesterol, and other vitals and symptoms.

Nursing home chain target of attorney general’s inquiry, Sun-Sentinel, October 17, 2011
Maggots In Wounds

Florida Nursing Home Guide

Nursing Home Watch List, Florida Agency for Healthcare Administration

More Blog Posts:
Florida Nursing Home Neglect?: Maggots Found in 76-Year-Old Patient at Assisted Living Facility with Palm Beach County Ties, South Florida Injury Lawyer Blog, September 14, 2010
Boynton Beach Nursing Home Neglect Lawsuit Blames Assisted Living Facility for Elderly Woman’s Bedsores, South Florida Injury Lawyer Blog, September 30, 2011
Miami Herald Reports: Florida Nursing Home Neglect Taking Place at a Number of Assisted Living Facilities, South Florida Injury Lawyer Blog, May 25, 2011
Bill Seeks to Cap Florida Nursing Home Negligence Damages Over Wrongful Deaths, South Florida Injury Lawyer Blog, April 20, 2011 Continue reading

$550,000 Miami Injury Settlement Approved for Woman Who Was Kidnapped and Raped by Cop

October 14, 2011 | by David J. Halberg, Esq.

A woman who was kidnapped and sexually assaulted by a cop will be receiving $500,000 for her Miami personal injuries. The Miami City Commission approved the settlement this week.

The victim was attacked by Officer Michael Ragusa in 2007. The following year, Ragusa, who had sexually assaulted three women pleaded guilty to rape charges and was sentenced to 10 years in prison.

The former cop would drive his police vehicle around Miami Beach and look for victims. According to the Miami Herald, the last woman he attempted to rape was able to get away because she told him she had an STD. However, he still made her give him her phone number and later texted her. That message was used as evidence to find him.

South Florida Boating Accidents Mar Columbus Day Weekend

October 10, 2011 | by David J. Halberg, Esq.

Investigators have identified the man who died after falling off a yacht in Deering Bay as Juan Carlos Morales. The Miami-Dade boating accident took place during the annual Regatta that takes place during Columbus Day weekend.

The 45-year-old Miami resident fell from diving platform on the back of a boat named Gotcha. The victim was a friend of the vessel’s owner. He was then dragged under the yacht where he was fatally cut by the propellers.

Because of the festivities, power boaters that aren’t part of the event often come to Deering Bay over the long weekend. Heavy drinking tends to be part of the celebrations, which have occasionally resulted in serious injuries and deaths.

Morales wasn’t the only one to be involved in a South Florida boating accident this weekend. A woman in her 80’s drowned and seven people are now recovering after their boat sank off the Florida Keys on Saturday. Everyone on the vessel was thrown into the water and they were forced to keep themselves afloat for approximately 20 hrs. before help arrived. One of the survivors, a 4-year-old girl, developed a mild case of hypothermia.

South Florida Boating Accidents
Recreational boating accidents can result in serious injuries for victims. There may be parties who can be held liable for what happened. For example, a boat owner that failed to properly supervise passengers or decided to operate a boat while under the influence of alcohol can be sued for Miami personal injury if someone gets hurt as a result. If a boat malfunctions or had a safety defect that caused it to sink or explode and people were injured or killed, the boat owner, boat manufacturer, and boat repair company could be among the possible defendants.

Guest on yacht at Elliott Key killed when he falls into propellers, Miami Herald, October 8, 2011
Man told rescuers his mother, 79, died in his arms after boat capsized, Sun-Sentinel, October 10, 2011

Related Web Resources:
Boat Accidents, Justia
Boating, Florida Fish and Wildlife Conservation Commission

More Blog Posts:
Florida Boating Accident Seriously Injuries Father and His 11-Year-Old Son, South Florida Injury Lawyer Blog, August 26, 2011
Palm Beach Wrongful Death Lawsuit Seeks Damages from Yamaha Over Fatal WaveRunner Accident That Killed One Teen, Leaving Another With Brain Damage and Physical Injuries, South Florida Injury Lawyer Blog, May 20, 2011
Man Dies in Florida Boating Accident After Engine Quits and Vessel Capsizes, South Florida Injury Lawyer Blog, April 30, 2011 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.

St. Lucie County Personal Injury Lawsuit: Teacher Accused of Florida Sex Abuse

October 4, 2011 | by David J. Halberg, Esq.

A girl who claims she was molested by Fort Pierce Westwood High School teacher Charles Edward Johnson Sr. is suing him and the St. Lucie County School District for Florida personal injury. The plaintiff contends that Johnson sexually abused her on a number of occasions between January and May 2008 while he was her math teacher.

Johnson was arrested in 2008 on a single count of misdemeanor battery and two felony counts of lascivious/lewd molestation because of complaints made by the plaintiff and another female student. Later that year, Johnson pleaded no contest to three counts of misdemeanor battery. His sentence was the 142 days he had already spent behind bars and over two years probation. Even now, Johnson, who pleaded no contest to the criminal charges, maintains that he is innocent and did not commit the allegations alleged in the St. Lucie County injury lawsuit.

In her St. Lucie County sex abuse lawsuit, the plaintiff is holding the school board “vicariously liable” for the abuse on the grounds that administrators knew or should have known that Johnson was molesting students.

Sex Abuse

Sex abuse can lead to serious emotional and psychological injuries that can impair the victim for life. In Florida, you may file a civil claim over sex abuse within:

• Four years of discovering the injury or the causal link between the abuse and the injury. This is beneficial to those who may have repressed their memories of the abuse and were unable to remember what happened until years after the incident.
• Four years after you are no longer dependent on the abuser.
• Seven years after the age of majority and before you turn 25.

St. Lucie School District, former Fort Pierce teacher sued for alleged molestation, TC Palm, September 26, 2011

Related Web Resources:
Child sex abuse, American Academy of Child & Adolescent Psychiatry
Rape, Abuse, and Incest National Network

More Blog Posts:
Mother Files Miami-Dade County Lawsuit Against Opa-Locka Police After Her Mentally Disabled Son’s Alleged Rape, South Florida Injury Lawyer Blog, May 31, 2011
Man Files Miami-Dade Child Sex Abuse Lawsuit Naming Catholic Nun as His Abuser, South Florida Injury Lawyer Blog, April 15, 2011
Coral Springs, Florida Injury Lawsuit Accuses Music Teacher of Molesting Student, South Florida Injury Lawyer Blog, November 5, 2010 Continue reading

Boynton Beach Nursing Home Neglect Lawsuit Blames Assisted Living Facility for Elderly Woman’s Bedsores

September 30, 2011 | by David J. Halberg, Esq.

The family of Annie Lou Jefferson is pursuing Palm Beach County nursing home negligence damages against the Hamlin Place Rehabilitation Center. Jefferson, who died four years ago, developed multiple bedsores while staying at the Boynton Beach assisted living facility.

Her daughter, Maxine Chavis, blames nursing staff for not treating the decubitus ulcers. She is alleging Boynton Beach nursing home neglect.

It wasn’t until Jefferson became unresponsive and was taken to a hospital that a nurse there discovered the bedsores, some of which were open wounds that were as large as grapefruits. Chavis says that her mother also had a huge bedsore on her head.