South Florida Injury Lawyer Blog

Jury Issues $23M Medical Malpractice Verdict Against University of Florida Over Surgery That Left Woman with Brain Damage

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

More than five years after Lanette Gervato suffered brain damage after undergoing surgery to treat a non-bleeding brain aneurysm, a jury has awarded a $23 million Florida medical malpractice verdict to a woman for the permanent brain injuries that she sustained during the botched procedure that left her partially paralyzed, impaired her vision, and caused her to suffer other medical issues. The defendant of the case is the University of Florida.

Gervato was 35 when she sought medical attention at UF’s Shands Teaching Hospital for unexplained headaches. A neurosurgeon operated on her and inserted coils into the aneurysm. Unfortunately, according to her Miami medical malpractice attorneys, the medical team perforated an artery in her brain during the surgery. Gervato’s Florida brain injury lawsuit claims that even though nurse Rebecca Boone noticed that Gervato displayed symptoms consistent with a post-operative stroke, she kept Gervato on the drug Heparin, which is a blood thinner. Boone has settled the Florida nursing negligence case against her for $1 million.

Gervato’s Miami injury lawyers contend that the brain damage she suffers continues to cause her pain and affect her reasoning. She also has been hospitalized 10 times because of infections, her husband had to give up his job to take care of her, and her kids have had to move in with other relatives.

Miami Woman Dies After Undergoing Lauderhill Plastic Surgery

December 31, 2010 | by David J. Halberg, Esq.

Lidvian Zelaya, a 35-year-old Miami woman, died on Monday from what appears to be complications from plastic surgery. She was undergoing buttock enhancement and liposuction procedures at Strax Rejuvenation and Aesthetics Institute when she had to be rushed to Florida Medical Center. She died after going into cardiac arrest.

Now, Zelaya’s husband, Osvaldo Vargas, wants to know what happened. The Broward County Medical Examiner’s Office is conducting an autopsy.

Miami Plastic Surgery
In Florida, it is not uncommon for people to undergo plastic surgery to improve or preserve their looks. However, as with other types of surgical and medical procedures, complications and errors can arise during cosmetic surgery. This can result in serious injuries and even death, which may lead to a Miami medical malpractice case against a liable medical professional.

As the Miami Herald recounts, it was just last year that a 37-year-old Miramar mother of three became brain dead after a botched liposuction procedure. Rohie Kah-Orukotan underwent her plastic surgery procedure in Weston. Another woman, 42-year-old Olga Myer, died during a face-lift procedure in Hollywood, Florida in 2002. State regulators say a licensed anesthesiologist was not present during the procedure. The year before, Vera Lawrence died after too much silicone was injected into her buttocks at a Miramar, Florida party.

Other complications and injuries that may occur during plastic surgery:

• Disfigurement
• Allergic reaction
• Medication overdoses
• Anesthesia complications
• Blood clots
• Infection
• Heart attack
• Scarring
• Chemical burns
• Nipple loss
• Over-correction
• Assymmetry
• Breast implant issues
• Nerve damage
• Dry eyes

South Florida woman, 35, dies getting plastic surgery, Sun-Sentinel, December 30, 2010
Husband seeks answers in death of his wife, 35, Miami Herald, December 31, 2010

Related Web Resources:
Living With Plastic Surgery Mistakes, ABC News, July 29, 2009
Plastic Surgery Nightmares, Marie Claire
Strax Rejuvenation and Aesthetics
Continue reading

Miami-Dade County Carbon Monoxide Poisoning Accident in Hialeah Hotel Room Kills 5 Teenagers

December 28, 2010 | by David J. Halberg, Esq.

A birthday celebration recently turned deadly when a Hialeah carbon monoxide poisoning incident claimed the lives of five teenagers. The deceased include Miami residents Juchen C. Marctial, 19, Evans Charles, also, 19, Jean Pierre Ferdinand, 16, and Jonas Antenor and Peterson Nazon, both 17.

The teens had reportedly gotten together on Sunday night to for Marctial’s birthday. The following afternoon, a maid found their bodies inside a room at the Hotel Presidente. All of them were in their street clothes.

Fire tests show that there was a high concentration of carbon monoxide in the room, which is above a private garage where the victims had left a car running. The door going from the garage to the room was left slightly ajar. According to friends of the teens, the vehicle had a troublesome starter.

Investigators are trying to determine whether the garage or motel room had operating carbon monoxide detectors. Since 2007, Florida has required that motel and hotel boiler rooms have gas detectors and that all apartments and residences constructed after July 1, 2008 that include an attached garage, a fireplace, or a heater have an alarm within 10 feet of bedrooms.

Carbon Monoxide Facts
This deadly gas, called the silent killer, is odorless, colorless, and invisible. Symptoms can include confusion, chest pain, dizziness, headaches, vomiting, weakness, and nausea.

The U.S. Centers for Disease Control and Prevention says that over 400 people die in the US each year from CO poisoning. This type of injury lands over 20,000 people in the ER annually and over 4,000 are hospitalized.

Premise owners and the manufacturers of products that malfunction can be held liable for Miami personal injury or wrongful death if a hazard on the property and/or a product that malfunctions causes CO poisoning.

Carbon monoxide poisoning suspected in 5 teens’ deaths, Miami Herald, December 27, 2010
Carbon Monoxide May Be Greater Threat in Winter, US News, December 27, 2010
5 found dead in Florida motel room, CNN, December 28, 2010

Related Web Resources:
Carbon Monoxide Poisoning, Centers for Disease Control and Prevention
Protect Your Family and Yourself from Carbon Monoxide Poisoning, Environmental Protection Agency Continue reading

7-Year-Old Pedestrian Injured in North Lauderdale Car Accident is in a Coma

December 23, 2010 | by David J. Halberg, Esq.

7-year-old Francesa Moise is in a coma after being injured in a North Lauderdale car crash on Wednesday evening. Moise and her mother, sister, and brother, were walking along Tam O’Shanter Boulevard when a car drove onto the grass next to the sidewalk and hit the little girl as the family was attempting to cross the street.

Rescuers were able to restore Moise’s heartbeat before she was flown to Broward General Medical Center. The little girl also sustained severe wounds to her face.

The vehicle that struck Moise, which authorities later described as an Acura Integra, fled the North Lauderdale pedestrian accident site and was later found abandoned near a local warehouse. Police are trying to figure out who was driving the car at the time of the Broward County traffic crash.

In other South Florida car accident news, a teenage bicyclist was transported to the hospital after he was injured in a Weston car accident. The boy was riding his bicycle at Bonaventure Boulevard and West Ridge Drive late Wednesday afternoon when the crash happened.

Also yesterday, a Fort Lauderdale bus crash sent three passengers to the hospital with minor injuries after their county transit vehicle was in a collision with a car. It is not known at this time who caused the Broward County motor vehicle crash.

Meantime, 45-year-old Coral Gables model Valentina Hubsch has been charged in the hit-and-run Miami car accident that killed college student Jared Paul last month. The 21-year-old University of Miami student was crossing the street when a 2004 Hyundai struck him on November 13. He died from his injuries 10 days later.

Teen bicyclist injured in crash with car in Weston, Sun-Sentinel, December 22, 2010
Model charged in wreck that killed Miami student, Miami Herald, December 22, 2010
3 injured after car slams into transit bus, WSVN, December 22, 2010

Related Web Resources:
Florida Department of Transportation

Florida Department of Highway Safety and Motor Vehicles

National Highway Traffic Safety Administration
Continue reading

Broward County Tractor-Trailer Accident Injures Four People and Kills Three Teenagers

December 20, 2010 | by David J. Halberg, Esq.

A Broward County truck crash involving a semi-truck rear ending two vehicles on US 27 has claimed the lives of three people while injuring four others. The catastrophic South Florida tractor-trailer accident occurred on US 27 on December 10.

Killed in the Broward County semi-truck collision were 19-year-old Anthony Perez of Miami, and 19-year-old Ileana E. Mira and 15-year-old Dairon Ledesma, who are both from Hialeah. The Florida Highway Patrol has been looking into whether illegal racing was a factor.

According to witnesses, the Honda Civic and Integra that the trucker Placid Ferdinand rear-ended were stopped and occupying two lanes of the road. FHP says that Ferdinand attempted to stop his Freightliner truck but failed.

The driver of the Civic, Miami Springs 18-year-old Angel Lazo says that he was not racing and that he was experiencing car trouble at the time. Lazo, and 18-year-old Virginia Gardens resident Raymond Garcia, who was driving the Integra, were among those who were injured. Other injury victims include Civic passenger and Miami Springs 19-year-old Matthew A. Foreman. Ferdinand’s wife, Sandy Kay Ferdinand, also sustained injuries.

Truck Accident
Our Miami tractor-trailer crash lawyers want to remind you of the importance of exploring your legal options as soon as possible. Going up against a trucking company to recover Broward County personal injury or wrongful death recovery can be a tough endeavor-especially when attempting this alone. Many trucking companies have the resources and manpower to fight liability claims against them. You need someone who can protect your rights and fight for your right to compensation.

There also may be other parties, such as the driver of another truck, the manufacturer of a faulty vehicle part, or the entity responsible for maintaining a road that had defects who should be held liable.

Third teen dies after truck hit two cars on US 27, Sun-Sentinel, December 10, 2010
Third South Fla. teen dies after Broward crash, Miami Herald, December 10, 2010

Drop-Side Cribs Banned by CPSC

December 17, 2010 | by David J. Halberg, Esq.

In a unanimous vote, the Consumer Product Safety Commission is banning drop side cribs in the United States. The decision removes all drop-side cribs from the market, which means they can no longer be made, sold, or resold. Crib manufacturers have until June 2011 to make sure that all cribs have fixed sides. Childcare centers, hotels, and other facilities that provide cribs for young children have to replace their drop-side cribs.

Over the years, a number of parents have filed civil complaints after a drop-side caused serious injury to or killed their child. A Miami products liability lawyer can help you determine whether you should file a claim against a crib manufacturer.

The ban comes after the deaths of 32 babies and toddlers (and possibly even 14 others) since 2010. In just the last five years, more than 9 million drop-side cribs have been recalled over concerns that the way they are designed and manufactured make the baby furniture natural candidates for placing a child at risk of entrapment, strangulation, fall accidents and even deaths.

$8.4M Palm Beach County Motorcycle Accident Verdict Awarded In Florida Wrongful Death

December 14, 2010 | by David J. Halberg, Esq.

A South Florida jury has awarded an $8.4 million Palm Beach County wrongful death verdict to the family of motorcyclist John Potts. The 51-year-old was killed in 2006 when he was involved in a traffic crash with a Hummer.

The Palm Beach motorcycle accident occurred when Potts, who was driving through a flashing yellow light on the Beeline Highway, was hit by driver James Harvey, who first slowed then accelerated through a flashing red light. Harvey was supposed to yield when the red light was flashing. Potts, who was not wearing a helmet, was pronounced dead at the South Florida accident site.

Evidence in the Palm Beach wrongful death case included testimony from two witnesses who say that Harvey’s Hummer “T-boned” Potts’ motorcycle. The South Florida motorcycle accident verdict awards $4 million to Potts’ widow Tracey and $2 million to each of his two daughters. $840,000 in estimated lost income was also awarded.

Palm Beach County Wrongful Death Lawsuit Blames Sheriff’s Office for Teen Informant’s Murder

December 10, 2010 | by David J. Halberg, Esq.

The family of Maciel Videla is suing the Palm Beach County Sheriff’s Office for his Florida wrongful death. The 17-year-old boy was brutally murdered by drug dealers who thought that the teenager had ratted them out to the authorities after he introduced them to an undercover deputy. The authorities had quickly released Videla after arresting him on unrelated burglary charges.

In their Palm beach wrongful death complaint, the family says that the Sheriff’s Office should have protected Videla, who was killed in December 2008. They claim that Joaquin Fonseca, the undercover cop, knew that the drug dealers were planning on dealing with the teen but did not tell his superiors until it was too late. Fonseca has said in a deposition about the murder that he “didn’t have the opportunity” to notify his bosses.

Meantime, the lawyer representing Sheriff Ric Bradshaw in the Palm Beach wrongful death case is saying that the agency was not obligated to protect Videla and that Fonseca had no way of knowing that the drug dealers were planning on slitting the teen’s throat. It wasn’t until last year, several month’s after his murder, that Florida passed Rachel’s Law.

Defective Medical Device: DePuy ASR Hip Lawsuits To Be Presided Over by One Judge

December 8, 2010 | by David J. Halberg, Esq.

US District Judge David A. Katz has been tasked with overseeing all pretrial proceedings in the federal lawsuits against Johnson & Johnson involving DePuy ASR hip replacement systems. DePuy’s ASR XL Acetabular Hip Replacement and ASR Hip Resurfacing Systems were recalled a few months ago over findings that there were patients who were having to undergo a second surgery within five years of the first surgery to implant the DePuy hip device.

Some 93,000 people have been implanted with a DePuy hip replacement device. There are already about 150 federal lawsuits alleging products liability pending. Hundreds of other defective medical device complaints over the DePuy ASR hip replacement products are expected.

Having to undergo hip replacement surgery can be challenging and painful enough-especially for elderly persons-without the need for another surgery because the hip replacement device malfunctioned or should have been better designed. Most surgeries are often accompanied by the risk of health complications and infections. To have to undergo a second surgery because of possible negligence on a product manufacturer’s part is unacceptable and can be grounds for a Florida defective medical device case.

Signs that your ASR hip implant may be causing you problems:

• Physical pain while walking
• Walking difficulties
• Swelling
• Implant dislocation
• Microscopic metal particles hovering around the hip area

Our Miami defective medical device lawyers represent clients with products liability claims against manufacturers. Unfortunately, there are medical devices that can hurt a patient, causing health complications, unnecessary pain and suffering, and the need for additional surgery and other medical procedures.

J&J Hip Replacement Lawsuits Given to One Judge, Bloomberg, December 4, 2010
Depuy Hip Patients Are Urged to Register, WebWire.com, December 4, 2010

Related Web Resources:
ASR Hip Recall Guide, DePuy
National Hip Recall Registry
Continue reading

West Palm Beach Injury Lawsuit Filed in 13-Year-Old’s School Beating

December 3, 2010 | by David J. Halberg, Esq.

The parents of 13-year-old Joshua Poole have filed a West Palm Beach Florida injuries to a minor lawsuit against the Palm Beach County school district. Poole, a Jeaga Middle School student, says he was beaten during math class last month. A classmate recorded the fight on a cell phone.

In the cell phone footage, Poole’s classmate is shown approaching him at his desk. Thompson then proceeds to punch him for several seconds. The boys fall to the floor. The footage doesn’t show a teacher coming to intervene.

Poole says the attack lasted about 15 minutes and that he was beaten for about 7 minutes. His father, Clarence Poole, says that his son has been the target of bullying for some time now and that they had gone to the school three times to complain.