Miami Accident Lawyer Blog

August 30, 2012

Florida Jury Awards $28.45 Million in Meningitis Misdiagnosis Case

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.

July 5, 2012

Internet Child-Porn Charges against South Florida Public Officials Continue to Shock and Appal

by Gerson & Schwartz, P.A.

Another case of internet child pornography takes notice by the South Florida Community, this time surfacing in the Miami Herald news. A US immigration and Customs Enforcement former chief will plead guilty to charges of sending, receiving, and possessing internet pornography on his home computers. Why do public officials who are supposed to be protecting citizens and children believe they are above the law? The internet has become a vast playground for child molesters and predators to view indecent images and to facilitate victimizing children. In this case, Anthony V. Mangione was arrested and will change his plea to guilty in order to receive a lower sentence.

The good news is that Mangione has retired and his 16 cell phones and over a dozen computers were confiscated. Hopefully, the equally horrible individuals with whom he was sharing the illegal images will be caught and will get justice as well. Too often, it is the people who one would least suspect, such as Mangione whose child porn offenses took place during his 27 year career serving as an agent with the Immigration and Customs Enforcement Division of South Florida. The most devastating part of this story is, the fact that, part of Mangione’s job was focusing on child pornography and working to eradicate offenders from sharing their child pornography images across the internet with other predators and sex offenders.

Internet child pornography and sexual abuse of children must be stopped. Experienced lawyers and professionals who work with crime victims are at your service to help you stop a predator or report their crimes to the proper authorities. It is the duty of these lawyers and advocates to help protect the rights of children who are being abused or exploited.

July 3, 2012

Four Dead Following Pedestrian Accident Near New Marlins Baseball Park

by Gerson & Schwartz, P.A.

Last weekend, three family members visiting from Georgia were killed and another was critically injured when the driver of a minivan allegedly lost control and ran them down on a sidewalk in Little Havana. The family was reportedly walking to their vehicle following a baseball game at the new Marlins baseball park when the van suddenly swerved, jumped the curb, drove through metal handrails, and hit them. Following the crash, 53-year-old Esther Terrero de Diaz, 14-year-old Franklin Diaz, and 13-year-old Adriana Diaz were taken to Jackson Memorial Hospital where they were pronounced dead. 10-year-old Magdeline Diaz was also taken to the hospital where she remains in critical condition. A relative of the family killed escaped serious injury, but was later hospitalized after he was reportedly overcome with grief.

Police believe the driver of the minivan, 67-year-old Raul Herberto Ortega, suffered a medical emergency behind the wheel. According to Ortega’s neighbor, the man suffered a fatal heart attack prior to the crash. A passing bicyclist was also allegedly hit by the minivan, but was not seriously injured.

Unfortunately, car accidents are one of the most common causes of personal injury and wrongful death in the State of Florida each year. A car, motorcycle, or truck accident often occurs when you least expect it. When a pedestrian is struck by a motor vehicle, a wide range of complex injuries and lifelong disabilities may result.

Pedestrian accidents like this one are all too common in Florida. Although most pedestrian accidents are caused by a careless, distracted, or intoxicated driver, other causes such as poor weather conditions or a medical emergency are also possible. If you were hurt or lost a close relative in a pedestrian or other accident, you may be eligible to receive damages for your medical expenses, lost wages, lost earning capacity, temporary or permanent disability, suffering, pain, and funeral expenses. Contact a qualified Miami personal injury attorney to help you file your claim.

June 22, 2012

East Naples Man Sues Hospital After Suffering Second-Degree Burns in Operating Room Fire

by Gerson & Schwartz, P.A.

An East Naples man is suing NCH Downtown Naples Hospital after he reportedly suffered second-degree burns during surgery to install a pacemaker in 2008. Earlier this month, 72-year-old Frank Komorowski testified that he was burned on his chest, neck, and shoulder while under anesthesia. Komorowski stated he awoke to smell his own skin burning after he heard a nurse’s screams.

Although surgical fires are rare, between 550 and 650 operating room fires occur each year in the United States. In addition to severe burns, surgical fires may cause permanent disfigurement and death. The Anesthesia Patient Safety Foundation estimates about 65 percent of operating room fires involve a patient’s face, neck, head, and upper body. If a burn reaches the patient’s airway, it is often fatal. The problem is common enough the nation’s Food and Drug Administration (FDA) began a medical professional education safety initiative designed to combat operating room fires last fall. The FDA also recently held a webinar to teach health care providers how to reduce the risk for surgical fires.

At a recent hearing on Komorowski’s case, an attorney for the hospital argued in Collier Circuit Court that the hospital was not negligent. Instead, she told the court the surgeon who installed the pacemaker caused Komorowski’s injuries. The attorney also argued the hospital could not be held liable because the surgeon was not an employee of the hospital at the time of the fire. An expert for the hospital stated oxygen under a surgical drape likely caused the fire.

Komorowski’s attorney countered the hospital’s arguments by stating it is widely recognized that surgical fires do not occur absent negligence. Although no one was willing to take responsibility for the incident, operating room nurses and Komorowski’s own surgeon reportedly agreed that an alcohol-based antiseptic was not allowed to dry fully before the surgeon began to operate. As a result, an electrical cauterizing device allegedly ignited the fire.

Following the hearing, Judge Hugh Hayes ruled adequate evidence existed to prove hospital negligence. As a result of the judge’s ruling, a jury will soon be tasked with determining the amount of damages Komorowski and his wife will receive from the hospital as a result of his burn injuries.

Each year, many people in Florida are hurt or killed by a health care provider’s negligence. Medical professionals such as surgeons and nurses have a duty to provide their patients a certain level of care. When health care providers make mistakes or fail to provide the required level of care, a patient may file a medical malpractice lawsuit. If you were hurt by someone tasked with providing your medical care, you should contact a skilled South Florida medical malpractice attorney to help you protect your rights.