Miami Accident Lawyer Blog

September 24, 2012

Day Care Abuse Results in the Death of a Four Year Old

Three Miami Herald articles, posted since August 2, 2012, confirm Broward authorities determined the cause of death of a 4 year old child named Jordan Coleman. Little Jordan, was left to die of heat exhaustion in a Toyota SUV, while his caregivers took other children inside an apartment building for a nap. They forgot about Jordan who was sprawled across the back seat of the car, asleep. He was not even in a child safety seat. Instead, nobody noticed he was missing.

Nearly 3 hours later, he was found breathless by 3C’s Academy day care workers. Paris Ward and a co-worker discovered his body, but it was too late. Jordan’s body temperature had reached 108 degrees. He was not breathing after having been left inside a car on of the hottest days of the year. Paris Ward was charged with manslaughter; as, she was responsible for the direct supervision of the children. (Miami Herald.com)

This gross negligence and abuse is tragic. No child or adult could have ever survived. The vehicle had no ventilation and outside temperatures were into the 90’s. Broward County day care centers must adhere to regulations established by the Florida Division of Child Care Licensing and Enforcement. However, it is not only the responsibility of the county to enforce its code of conduct, and cite day care centers, whenever they are not compliant. But, centers should be closed down in cases like this, before tragedy strikes.

September 12, 2012

Drunk Drivers Suffer Consequences for Driving Under the Influence

by Gerson & Schwartz, P.A.

A drunk driver, with his one year old child in the back seat, was arrested after being stopped by Boynton Beach police. Driving in the bicycle lane on North Federal Highway, Yair Espinsosa had a suspended license. His only identification was a Mexican passport. (sunsentinel.com) After police pulled Espinosa over, they found a bag of cocaine, as well as several open beer bottles.

In the state of Florida, drunk driving is a very serious offense. The legal blood alcohol level in Florida for drivers is .08%. Moreover, drivers are required to sign an “Implied Consent” when they sign their driver’s license. This law mandates that one has agreed to take drunk driving tests, if requested to do so. In Espinosa’s case, he refused the roadside sobriety test. Nevertheless, he later blew a .227 on a breath alcohol test which is almost three times the legal limit. Espinosa was transported to the Palm Beach County Jail; where, he still remains. He could not post the bail amount of $10,050.

The legal ramifications for drinking and driving are severe in the State of Florida, and laws vary depending on the age of the driver. For instance, there is a “Zero Tolerance Law” which applies to all individuals under the age of 21. According to this law , drivers who are found to have a blood alcohol level of .02% or higher are subjected to harsh penalties, including jail and a suspended license for 6 months.

September 5, 2012

Victims Still Seeking Product Liability Damages for Dangerous Drug

by Gerson & Schwartz, P.A.

A painful public memory was reawakened late last week when the Gruenenthal Group, which introduced the drug thalidomide in the 1950s, issued an apology to thousands worldwide who suffered severe birth defects after their mothers took thalidomide during pregnancy. The gesture brought no closure for thalidomide victims who have yet to be appropriately compensated for their injuries and disabilities, because the apology came with a reminder by Gruenenthal’s chief executive that the company has no intention of compensating victims for losses caused by the drug.

Thalidomide: Dangerous Drug
Prescribed until 1961 as a panacea for morning sickness, thalidomide interfered with fetal development, leaving its victims with shortened or completely absent limbs, and with other disabling, and often fatal, abnormalities of the heart, genitalia, eyes, and ears. The approximately 12,000 known victims of thalidomide were concentrated throughout Europe (including the U.K.), Australia, Japan, and Canada, where the drug had been approved for use during pregnancy. Even in the U.S., where thalidomide was distributed only on an ‘investigational’ basis, at least 17 children were born with the drug’s characteristic adverse effects. The accommodations those surviving thalidomide victims ended up needing simply in order to get through life turned out to be extensive and costly.

Despite Gruenenthal’s steadfast denial, over the years, of any obligation to compensate thalidomide victims for their injuries, advocates for compensation have never given up their fight, even as the population of thalidomide victims has aged. In the U.S., Gruenenthal, along with British firm GlaxoSmithKline and multinational pharmaceutical developer Sanofi-Aventis, have been named in lawsuits that seek damages based on these companies’ connections with the business entities that originally made thalidomide available to pregnant women in the U.S.

Dangerous Drug Claims
Thalidomide, which is used relatively safely, today, to treat a variety of conditions in non-pregnant patients, worked its notorious fetal harms through undetected or undisclosed side-effects. Also, many claims involve marketing practices that deprived thalidomide prescribers and users of clinical testing information that could have provided notice of serious risks.

Undisclosed dangerous side-effects, failures to limit drug use to safe contexts, and improper marketing are, in fact, often the bases for dangerous-drug damage claims against drug manufacturers and distributors. Manufacturing defects and drug tainting (which may occur during bottling and shipping) are yet another basis for liability recognized under drug product liability law.

August 30, 2012

Florida Jury Awards $28.45 Million in Meningitis Misdiagnosis Case

by Gerson & Schwartz, P.A.

Earlier this month, Palm Beach County Civil Division jurors awarded $28.45 million in damages to the mother of a Boynton Beach child who suffered a stroke and permanent brain damage after two doctors misdiagnosed what was a very serious, but eminently treatable, infection of the child’s nervous system. The child had presented at Bethesda Memorial Hospital with a persistent fever, and his doctors correctly ordered a diagnostic spinal tap; but when spinal fluids showed the presence of bacterial meningitis, the doctors failed to take notice.

The child subsequently fell victim to a massive stroke that left him with profound and permanent developmental disabilities. His doctors alleged that they eventually did diagnose and treat for meningitis (and they are planning to appeal the verdict). However, in an interview given to the Palm Beach Post on the occasion of the verdict, the family’s medical malpractice attorney discounted this better-late-than-never argument, noting that all the injuries and losses suffered by the child and his family could easily have been prevented through timely administration of antibiotics.

The hefty verdict in this case included $12 million in non-economic damages reflecting the patient’s pain and suffering. Though Florida legislation imposes a cap of $1 million on such non-economic damages in medical malpractice cases, the successful plaintiff in this lawsuit may ultimately recover the full verdict amount, because the Florida Supreme Court is currently in the process of deciding a case, brought by key policy-makers, that seeks to get rid of the legislated malpractice damage limits.

August 28, 2012

Yet Another School Shooting? When Are the Schools and Social Media Groups Going to Accept Some Responsiblity and Stop this Epidemic?

by Gerson & Schwartz, P.A.

According to the Associated press, and Foxnews.com Robert Wayne Gladden, Jr. is a 15 year old sophomore in Baltimore, Maryland, who entered the Perry Hall Highs school cafeteria on Monday morning and opened fire towards a lunch table. He shot, fellow student, Daniel Borowy in the back and was eventually arrested by the school resource officer after a struggle ensued. Fortunately, nobody else was injured although; one more shot was fired during this horrifying incident.

So, why do school shootings continue to take place? Why on the first day of school is there not greater precautions taken to prevent such violence? Why aren’t our nation’s students being protected? This time, it is high school student Robert Wayne Gladden Jr. who planned this assault and who posted on his Facebook page his plans to do so, even if they were not directly spelled out, his Facebook post was reason for concern. But to no avail, his Facebook nickname “Suicidal Smile” or his references on the social media outlet to Charles Manson, were not taken seriously if noticed at all.

August 27, 2012

Connecticut Tourist Dies in Pompano Beach Parasailing Accident

by Gerson & Schwartz, P.A.

A 28-year-old Connecticut woman was recently killed when she fell approximately 200 feet in a South Florida parasailing accident. On August 15th, Kathleen Miskell went parasailing with her husband, Stephen, near the Sands Harbor Resort & Marina. The couple was strapped into a side-by-side harness by employees for the Pompano Beach company that operated the parasail, WaveBlast Water Sports. While floating nearly 200 feet above the Atlantic Ocean, Kathleen’s harness allegedly malfunctioned and she fell into the water below.

The boat’s crew reportedly pulled Stephen to safety before turning around to find Kathleen floating upside down in the water. Although Kathleen was transported to a local hospital, she died as a result of blunt force injuries and asphyxiation due to drowning. According to the Broward County Medical Examiner’s Office, Kathleen’s death was ruled an accident.

After reviewing a video and photos of the events that lead to Miskell’s death, the Chairman of the Parasail Safety Council, Mark McCulloh, stated he believes the accident resulted from two sheared harness support straps. McCulloh also said the shearing may have been caused by a manufacturing defect or decomposition over time due to poor maintenance. According to McCulloh, the harness appeared to be an older model.

The cause of the tragic incident is currently under investigation by the Florida Fish and Wildlife Conservation Commission, the U.S. Coast Guard, the National Transportation Safety Board (NTSB), and the Broward County Sheriff’s Office. A spokesperson for the NTSB, Terry Williams, said an in-water evaluation of the boat’s hydraulic winch as well as other equipment will be performed. Williams also stated the investigation could take up to one year to complete.

The relationship between the resort and the boat operator may be important if Kathleen’s family chooses to file a wrongful death lawsuit. If the owner of the boat, WaveBlast, caused the accident through negligence, maritime law may limit her family’s right to recovery. If the resort was a partner to the parasailing company, its owners may also be held accountable for Kathleen’s death. Additionally, the manufacturer of the harness may be held liable if the accident was caused by a production defect. Because maritime laws differ significantly from normal tort and personal injury law, it is important to contact a capable maritime accident lawyer If you or a loved one was hurt while traveling on a boat in Florida.

August 22, 2012

CSX TRAIN ACCIDENT AND DERAILMENT IN MARYLAND: TRACKS TO BLAME? INSPECTION RECORDS SHOULD BE REVIEWED SAYS GERSON AND SCHWARTZ, PA

by Gerson & Schwartz, P.A.

A CSX train derailed yesterday killing two 19 year old women and demolishing several automobiles below the track. According to the National Transportation Safety Board, officials have reported that the derailment took place around midnight in Ellicott City Maryland. The CSX coal train was on route from West Virginia to Baltimore when it derailed, leaving horrifying sounds on and off its tracks. Witnesses claimed that the sound of screeching brakes were frightening and indicative of the disaster to follow. http://www.msnbc.msn.com/id/48745179

Although, the exact cause of this CSX train derailment is yet to be determined, typically train wrecks occur as a result of crew error like miscommunication or improperly maintained tracks. These unfortunate circumstances can lead to a train’s wheels literally jumping off their tracks. According to CSX spokesman, Bob Sullivan, the train which was traveling from Grafton, W. Va. to Baltimore consisted of two locomotives and weighed 9,000 tons. “The first 21 cars of the 80-car train derailed”. In this instance, the CSX train was actually transporting 190 pounds of coal which spilled into the Palapsco River. This tragic train wreck resulted, not only in a loss of human lives, but affects the sea life in the river, as well. As a result, economic issues lie ahead, for all those involved. Reports have been made that the acidity in the water could become seriously elevated, threatening the aquatic life in the river. http://www.huffingtonpost.com/2012/05/22/india-train-crash_n_1534939.html

This kind of accident is all too familiar to attorneys like Philip M. Gerson at Gerson & Schwartz, PA. Having had experience dealing with CSX in the past for railroad accident cases, Gerson is aware of the difficulty involved in pursuing cases against railroad companies like CSX Transportation. “We need to understand the facts and deal with the people involved on a personal, human level, he said, from his office in Miami, Florida.

August 10, 2012

Two More South Florida Bicyclists Killed, This Time by a Driver Fleeing From Police

by Gerson & Schwartz, P.A.

Yet another tragic bicycle accident has occurred in South Florida. A 26-year-old Miami man was recently charged with first degree murder after he allegedly struck two bicyclists in South Broward County while attempting to flee from law enforcement officers. In the early morning hours of August 5th, police reportedly caught Obrian Oakley and an accomplice, 25-year-old Sadik Baxter, engaged in misdemeanor theft while in the Hard Rock Casino parking lot. Instead of being taken into custody, however, Oakley is accused of speeding away from the parking lot in his vehicle. While fleeing from police, Oakley allegedly drove through a red light at a high rate of speed and hit two cyclists before striking another vehicle. 60-year-old Dean Amelkin and 61-year-old Christopher McConnell were killed in the accident. Both men reportedly died immediately at the scene of the crash.

Following the deadly crash, Oakley allegedly attempted to flee from police on foot. He was arrested several hours later when a Broward County Sheriff’s Office helicopter spotted him. According to police, although Oakley had a minor arrest record, he did not intend to kill anyone when he initially began his crime spree. After a witness notified police regarding vehicle burglaries in progress in the casino parking lot, Oakley’s accomplice was arrested. Instead of being taken into custody with his friend, Oakley now faces two counts of first degree murder.

Although this was a tragic accident, the result could have been much worse as the two cyclists killed were reportedly riding with a large group of bikers when Oakley struck them. This was the second catastrophic bicycling accident in South Florida within one week. Earlier in the week, another cyclist was taken to Jackson Memorial Hospital after he was hit by a car on the Rickenbacker Causeway. Police failed to charge the driver in that incident, however.

Unfortunately, riding your bicycle in South Florida has become an increasingly deadly proposition as many motorists simply fail to notice or refuse to share the road with cyclists. If you or someone you love was injured in a bicycle accident, you may be able to sue the person who hit you for medical expenses, suffering, pain, any resulting disability, lost wages, and lost earning capacity. Because you have a limited amount of time during which you may file your Florida personal injury or wrongful death claim, you are advised to discuss your case with a capable personal injury lawyer as soon as you are able.

July 25, 2012

Bicyclist Killed in Hollywood Hit-and-Run Accident

by Gerson & Schwartz, P.A.

Last week, a West Park bicyclist died after he was hit by an automobile in Hollywood, Florida. 57-year-old Fearly Brownlee was in the center turn lane on Johnson Street when he was struck by a white Jaguar. The driver of the Jaguar reportedly failed to stop and render aid following the accident and continued driving her adult son to the airport. She was later stopped by police several miles from the crash site. Following the accident, Brownlee was transported to Memorial Regional Hospital where was pronounced dead.

The driver of the Jaguar, 67-year-old Eve Ramsden, told police she had no idea she hit someone and believed she instead struck a box in the roadway. According to police, since Brownlee’s bicycle was not damaged in the accident the father of nine may have been stopped in the turn lane and crouched down next to it when he was injured. Because it is unclear whether Ramsden was in fact aware she hit the bicyclist, Hollywood traffic-homicide investigators have asked any witnesses to the accident to contact them. Hollywood Police Sgt. Gene Cochenour stated Ramsden has not been charged in connection with the accident, but the crash is still under investigation for any possible criminal intent or neglect on the part of the driver.

Unfortunately, bicyclists are commonly struck by automobiles in South Florida. Unexpected motor vehicle collisions are one of the most frequent causes of personal injury and wrongful death in our state every year. When a bicyclist or pedestrian is struck by a car or truck, complex injuries, lifelong disabilities, and even death often result.

Bicycle crashes are normally caused by a reckless, inattentive, or careless drivers who simply fail to notice bicyclists. If you were injured or tragically lost a loved one in a bicycle or other accident, you may be able to sue the person who caused your harm or loss for the cost of your medical care, pain and suffering, temporary or permanent disability, lost wages, lost earning capacity, and funeral expenses. Unfortunately, the amount of time you have to file your personal injury or wrongful death claim in the State of Florida is limited. Because of this, you should contact a qualified personal injury attorney as soon as you are able.

July 11, 2012

July 4th Weekend Car Crashes Shock the City of Miami: DUI Manslaughter Charges to Follow

by Gerson & Schwartz, P.A.

Last weekend, 7 people died in two fatal car accidents in the city of Miami, including a 13 year old girl, a 14 year old boy, a 50 year old woman, and a 22 year old man. In one accident, the driver of a minivan lost control of his vehicle while suffering a heart attack at the wheel . His van spun out of control, as a Miami Marlins game was ending, striking down an entire family who was leaving the game and walking back to their home in Little Havana. All individuals involved were pronounced dead on arrival at Jackson Memorial Hospital, with the exception of a 10 year old girl who was in critical condition.

On the same day and nearly at the same time, two victims were killed by a drunk driver after eating at a popular restaurant called Jumbo’s in Liberty City. Wilton Harris, 60, and Al Jo Hamlin, 61, were both church leaders and highly respected individuals in their communities. The senseless of this tragedy has left a community searching for answers about why someone would risk his life and those of others, by getting behind the wheel of a car while intoxicated. A third victim involved in a deadly accident last weekend was a 22 year old unidentified man. He was struck down by a wreck less driver named Kevin Singh. Singh’s car spun out of control, hitting a curb and crashing into a utility pole in Pembroke Gardens. Singh did not suffer any critical injuries, but caused an innocent victim to die due to his gross negligence.