Miami Accident Lawyer Blog

July 13, 2011

Miami Injury News: Pasco County Toddler’s Drowning Death Deemed Accidental

MIAMI, FL—July 13, 2011 – While authorities from the Pasco County Sheriff’s Office deemed a toddler’s recent drowning to be accidental, the fatal swimming pool accident yet again sheds light on the dangers many children, and even inexperienced swimmers, face. According to information provided by the Tampa Tribune, a 19-month-old New Port Richie boy allegedly slipped past his sleeping mother before falling into the pool and drowning in his family’s pool on July 11, 2011.

Reports indicated Juan Bermudez’s mother was asleep when the 19-month-old managed to get to the pool area of his family’s home. Given that the pool did not have a child proof fence around it, the tot fell in and was found unconscious.

Though paramedics responded to the young drowning victim’s home, which is located at 3606 Heron Island Drive, and rushed him to Community Hospital just before 7 p.m., his condition ultimately proved fatal.

The toddler’s drowning death came only hours after a New Port Richie teen nearly drowned. Emergency medical services (EMS) personnel were contacted before 4 p.m., after a 14-year-old boy was discovered at the bottom of a residential swimming pool at 7007 Stone Road. Although the teen was apparently breathing upon being airlifted to an area hospital, his condition was not clear.

Department of Health (DOH) statistics suggested that among children between the ages of 1 and 4, drowning is the leading cause of death. Florida has the highest drowning death rate in the nation. In 2009, 48 Florida children in that age group drowned in swimming pools, specifically.

To help prevent potential drowning injuries and deaths in the future, the <Miami injury law firm of Gerson & Schwartz, P.A. provided the following tips:

· Teach kids to swim at an early age
· Make sure children understand basic pool safety rules before they step foot in any body of water
· Never leave a child unattended
· If a child does indeed wander away, check the pool area first
· Set up child proof pool fences around residential swimming pools
· Keep a phone nearby so authorities can be contacted in the event of an emergency
· Cover and lock saunas when they are not in use

July 7, 2011

Miami Boat Accident News: Florida Has Highest Number of Boating Deaths in the Nation

by Gerson & Schwartz, P.A.

MIAMI, FL—With 668 boat accidents reported during the year 2010 alone, Florida leads the nation in boating accidents and resultant fatalities, according to statistical data provided by the U.S. Coast Guard (USCG) and Florida Fish and Wildlife Conservation Commission (FWC). Such accidents resulted in 79 boating deaths and left 389 crash victims injured last year.

In 2010, there were 4604 recreational boating accidents, 605 of which were deemed to be fatal, reported throughout the nation. Those incidents resulted in 672 deaths and 3,153 injuries. There were a total of 608 recreational boating accidents statewide in 2010, including 72 that were reported in Miami-Dade County alone. The additional 60 Florida boat accidents initially mentioned were considered “reportable”, but not “recreational.”

Focusing on all reportable boating mishaps throughout the state, statistics suggested that of 73 fatal accidents involving 82 boat operators, 71 percent (58 operators) had no prior boater education. Additionally, 7 percent of accident victims were unable to swim and 53 percent of 79 victims were not wearing life jackets (personal floatation devices—PFD) at the time.

Furthermore, alcohol played a role in 330 accidents throughout the nation, including 39 throughout the state. Last year, drunk boating accidents claimed the lives of 126 victims and left 293 others injured. The Coast Guard estimates that individuals who operate their vessels with a blood alcohol levels above .10 percent are 10 times as likely to die in a boat crash then boaters who choose to stay sober while operating a watercraft.

Maintaining that countless boaters take to the water with the intention of consuming alcohol at some point or another, the Miami injury attorneys of Gerson & Schwarz warned both passengers and drivers to heed caution for potentially negligent boat operators.

June 30, 2011

Royal Caribbean Lawsuit: Cruise Line’s Negligence Contributed to Fatal Gas Leak in 2005

by Gerson & Schwartz, P.A.

MIAMI, FL—Royal Caribbean Cruises was recently found negligent in the lawsuit filed following an onboard toxic gas leak that killed three ship crew members and injured 19 others, according to reports by NBC Los Angeles. “Royal Caribbean’s actions demonstrated a gross indifference to the life and health of not only the plaintiff but other passengers onboard the Monarch of the Seas when it continued to cruise with measures that allowed poisonous gas exposure to its passengers,” explained Judge Mark Schumacher, of the Eleventh Judicial Circuit Court of Florida.

Reports suggested at least 3,4000 people, both cruise ship passengers and crewmembers, were on Royal Caribbean’s Monarch of the Seas vessel when hydrogen sulfide, a potent and sometimes deadly gas, leaked from the ship’s engine room pipes. Three crew member fatalities and 19 non-fatal injuries were reported following the cruise ship gas leak.

The court ruled that the Miami cruise line “failed to take reasonable measures to prevent exposure” to the poisonous gas. The Los Angeles County Department of Health said hydrogen sulfide is often called a “knockout agent,” because victims who suffer from acute exposure lose consciousness exceptionally fast.

Citing evidence in the case, Judge Schumacher also ruled that Royal Caribbean’s acts were “either intentional or constituted gross negligence.”
After the victim’s bodies were transported off the ship and officials from the U.S. Coast Guard conducted ship inspections, a new crew and passengers boarded the cruise. According to Monarch of the Seas passenger Monya Wright, “We were never told there was a significant problem on that ship.”
Ex-crew member Bjoern Eidiseen contended, “It was totally crazy… We should have never sailed… The cruise line knew about it and they ignored the danger.” Bjoern initially observed holes in several of the engine room’s pipes, prompting him to question the makeshift repair job. Though the ship worker warned his managers of potential safety hazards posed by the pipes, his superiors did not appear to take his concerns too seriously.

The judge’s recent ruling paves the way for Eidiseen, who claimed to have been fired for verbalizing his safety concerns, to seek punitive damages in the cruise line negligence lawsuit. Royal Caribbean representatives alleged that Eidiseen lost his job because he was not wearing protective equipment in the cruise ship’s engine room.

In earlier interviews with NBC LA reporters, the Miami-based cruise company maintained that safety was their main priority and even tried to have the lawsuit dismissed, arguing that the accusations were unsubstantiated. Nevertheless, the cruise ship negligence case is ongoing.

June 23, 2011

Boynton Beach Toddler Hospitalized After Near Drowning Incident

by Gerson & Schwartz, P.A.

MIAMI, FL—Boynton Beach Police officials are investigating the near drowning of a 1 ½-year-old boy, which occurred in a residential swimming pool on the morning of June 21, 2011. According to information provided by the Palm Beach Post, police told reporters that the toddler was transferred from Bethesda Memorial Hospital to St. Mary’s Hospital in West Palm Beach to receive additional medical attention following the swimming pool accident.

This particular accident marked the second time in less than a week that the near drowning of a child was reported to Boynton Beach officials. On June 16, a 3-year-old boy fell into a pool and was knocked unconscious. Luckily, that near drowning victim was accompanied by his older sisters at the time and was able to get immediate help. That child was ultimately taken to the hospital, where medical personnel listed him in stable condition.

In the most recent swimming pool accident, the unidentified victim’s mother told reporters she was watching television with the 1 ½-year-old, as well as her 3-year-old child, when the toddler somehow snuck away. The toddler then made it beyond the confines of a baby gate that was installed in the kitchen before exiting the Boynton Beach home, which was situated along Fosters Mill Drive, through a sliding glass door that was open at the time. The toddler subsequently fell into the swimming pool, which did not have a childproof fence set up around it.

According to Stephanie Slater of the Boynton Beach Police Department (BBPD), a neighbor who called 911 upon hearing the child’s mother screaming was instructed to perform CPR pending the arrival of emergency medical services (EMS) crews. WPTV news reports stated that the child was listed in critical but stable condition following the near drowning incident.

State Department of Health (DOH) statistics suggest that drowning is the main cause of death among children between the ages of 1 and 4. Furthermore, Florida has the highest drowning death rate in the nation for kids in that age group, who accounted for 13 percent of the number of statewide drowning deaths—485—as well as 43 percent of the hospitalizations related to near drowning incidents—388—during the year 2009.

The Miami injury law firm of Gerson & Schwartz, P.A. provided the following tips to help Florida residents prevent potential drowning injuries and deaths in the coming summer months:

• Teach children to swim
• Share important pool safety guidelines before kids get in the water
• Never leave a child unattended. If a kid does wander off at some point, make sure to check the pool area before anywhere else
• Invest in childproof pool fences. The added barrier between swimming pools and young children can be lifesaving.
• Make sure to have an emergency phone in the immediate area
• Cover and lock hot tubs when they are not in use

June 21, 2011

As Abuses in Assisted Living Facilities Come to Light, Reforms — And Civil Lawsuits –Needed to Prevent Deadly Negligence, Says Miami Injury Lawyer Philip M. Gerson

by Gerson & Schwartz, P.A.

Miami, FL – June 21, 2011 – As revealed by a groundbreaking investigative report published by The Miami Herald in May, Florida’s assisted living facilities (ALFs) have seen scores — and perhaps hundreds — of deaths under questionable circumstances. The newspaper obtained the confidential records of 70 people who died in the past eight years due to the actions of their caregivers — and provided horrific details for some of these cases. But while uncovering egregious negligence within the Florida ALF community is to be commended, much more needs to be done, says Miami injury lawyer and victims rights advocate Philip M. Gerson. The lightly regulated industry, he warns, has become a recipe for disaster — and needless death.

“What the Herald article showed is something that injury lawyers and advocates for crime victims have known for a long time, that the ALF system is broken and dangerous in Florida,” says Gerson, who was interviewed by the Herald’s Michael Sallah as the story took form. “There is minimal regulation of ALFs and the state lacks the resources to enforce what rules do exist. That’s a deadly combination, as horror after horror exposed by the Herald — incapacitated patients not given necessary medicine, elderly residents not provided medical care after falls, mysteriously bruised and battered victims — made all too clear. Most of these cases were never prosecuted because Florida just doesn’t have the resources to police what is clearly an area that urgently needs to be policed.”
While tougher rules, stricter enforcement, and more investigators would be welcome, says Gerson, budget pressures and an administration that favors less regulation, not more, make those solutions difficult. “The politics of Florida see the state taking the ‘deregulate everything’ approach,” says Gerson, who has represented injury victims for more than 40 years, and is a board member of the National Center for Victims of Crime.

Indeed, given how he sees the current political climate in Florida, Gerson believes the best hope for exposing egregious ALF negligence — and helping to prevent future instances of it — lay in civil lawsuits, where victims of ALF abuse, or their families, take the facilities to court to account for their actions. “The reality is that state agencies and the criminal justice system lack the resources to investigate and prosecute the people causing the harm,” says Gerson. “So private rights of enforcement — filing a civil lawsuit and taking an ALF to court — is the only way to let the industry know that they can’t neglect the people entrusted to their care, and that they’re going to pay a price if they do.”
Gerson says simple regulatory steps could make a big difference, too, such as requiring ALFs to carry liability insurance. “It would add to the cost of running an ALF,” he notes, “but it would also mean insurance companies would be vetting these facilities and overseeing what they are doing, as they don’t want to be on the hook for needless injuries and death. If an ALF is not qualified, it wouldn’t be able to get insurance — and then it wouldn’t be in business.”
But with even simple regulatory enhancements uncertain in Florida today, Gerson isn’t holding out much hope for them. “In the end,” says the Miami injury lawyer, “it is going to come down to civil lawsuits and the crime victims themselves to show that we’ve seen enough negligence and harm in Florida ALFs — and we’re not going to see anymore.”

June 20, 2011

Sexual Assault Allegations Spark 5th Lawsuit Against Miami Spa

by Gerson & Schwartz, P.A.

MIAMI, FL— June 20, 2011 – A North Florida woman who claimed she was sexually assaulted by a massage therapist at a Miami spa, who was already being investigated for the alleged sexual assault of two other women, filed a lawsuit against the resort on June 16, 2011. According to information provided by NBC Miami, the accused spa worker was arrested in both February and May after two additional customers claimed to have been sexually assaulted by him while undergoing massages.

Lynn Scruggs, who contended she was groped by a message therapist at Doral Golf Resort and Spa in September 2010, brought on the most recent sexual assault lawsuit. According to the civil suit, 27-year-old spa employee David Munoz was giving Scruggs a body scrub in a private room when he touched her inappropriately.
The lawsuit names Doral Golf Resort and Spa on the basis that the spa allowed Munoz to continue massaging women even though he was being investigated for alleged assaults on two other female customers. When Miami-Dade police officials arrested the spa employee in February, he reportedly told them that he “lost his head” while massaging some women.

The lawsuit alleges that after Munoz touched Scruggs inappropriately, he apologized and pressed her to keep the incident to herself. Though the alleged sexual assault victim has yet to file a criminal complaint against Munoz, her lawsuit against the Doral spa is underway. Reports did not provide details into any of the other four lawsuits pending against the Miami resort.

According to statistics provided by the National Institute of Justice & Centers for Disease Control & Prevention, 17.7 million American women (1 out of every 6 American women) have been victims of attempted or completed rape.

June 17, 2011

Pool Safety Advocates Stress Drowning Risks in Light of Rising Florida Temperatures

by Gerson & Schwartz, P.A.

MIAMI, FL— June 17 2011 – As temperatures continue to rise here in South Florida, adults and children alike will be making their way to swimming pools and beaches as a means of escaping the looming summer heat. While the simple acts of jumping into the ocean or a swimming in a pool have long been a considered some of Florida’s most enjoyable pastimes, the Miami injury attorneys of Gerson & Schwartz urge residents to take extra safety precautions to ensure safe swimming, especially when young children are involved.

According to data provided by the state Department of Health (DOH), during the year 2009, 69 percent of drowning deaths and non-fatal drowning hospitalizations occurred between the months of April and September (spring through summer).

DOH statistics also indicated children between the ages of 1 and 4 are more likely to die as a result of drowning than any other cause of death. For children in that age group, Florida has the highest drowning death rate in the country. Those kids made up 13 percent of the total number of drowning deaths—485—as well as 43 percent of the non-fatal drowning hospitalizations—388— in the state during the year 2009.

By combining all drowning fatalities and non-fatal drowning hospitalizations recorded that year, the Department of Health found that 67 percent of the victims were males.

Furthermore, statistical data suggested that while Florida children under the age of 10 have a higher risk of drowning in a swimming pool, residents above the age of 10 were more prone to drown in a natural, open body of water such as the ocean or a lake.

During the year 2009, 48 Florida residents under the age of 5 (68 percent of drowning victims in that age group) drowned in swimming pools. Six kids (8 percent of the total) drowned in bathtubs, and nine (13 percent) drowned natural bodies of water.

Seven kids between the ages of five and nine (58 percent of the victims within that age group) reportedly drowned in open water, while five others (42 percent) drowned in swimming pools.

A total of 210 Florida drowning victims who were at least 10 years of age (52 percent of the total tally of victims within that particular age group) drowned in open water. Ninety-two others (23 percent of the total) drowned in swimming pools.

The Miami injury law firm of Gerson & Schwartz, P.A. provided the following tips to help Floridians prevent drowning injuries and deaths in the impending summer months:

Take the initiative to teach children to swim
Make sure kids understand basic pool safety guidelines before they enter the water
Never leave a child unattendedIf a child does wander off, make sure to check the pool area first
Install child proof pool fences around home swimming pools
Make sure to have a phone nearby, in case of emergency
Cover and lock hot tubs when they are not being used

June 16, 2011

Norovirus Outbreaks on 3 Alaska Cruise Ships Sicken Hundreds

by Gerson & Schwartz, P.A.

MIAMI, FL— Federal health authorities recently reported that since May 2011, three Alaska cruise ships have been plagued by norovirus outbreaks. According to information provided by the San Jose Mercury News, two of the cruise ship illness outbreaks were reported on the Sea Princess and another on the Celebrity Millennium, collectively sickening nearly 400 people.

The first serious norovirus outbreak was reported aboard the Celebrity Millennium vessel, which apparently set sail on May 20. Officials from the Centers for Disease Control and Prevention (CDC) confirmed 113 cases of norovirus illnesses on that particular cruise ship.

The two most recent outbreaks left approximately 280 people aboard the Sea Princess cruise ship (about 140 people on each of the 10-day cruise voyages) sickened. The first outbreak occurred on a cruise ending on May 30, while the other was reported on a cruise ending on June 9. In both instances, the ship departed from a port in San Francisco. About six percent of cruise passengers and one percent of ship crew members became infected in those two outbreaks.

According to CDC Captain Jaret Ames, “They will isolate people in their cabins until they are symptom-free for a period of 24 hours. They will prevent those people from leaving the ship by marking their key cards so they can’t go ashore. So once they’re aware of it they do have a good system for monitoring those cases.”
The CDC has confirmed such outbreaks on five cruises, including those previously mentioned, since the beginning of this year. Between 2006 and 2010, there were more than 80 cruise ship norovirus outbreaks reported.

Norovirus is a highly contagious viral infection that causes gastroenteritis. Symptoms of gastroenteritis include vomiting, diarrhea, abdominal cramps, headache, fever and chills. Norovirus has been known to cause approximately 50 percent of all gastroenteritis outbreaks, CDC data suggested.

June 14, 2011

GAO Probe Reveals Staggering Trend of Underreporting Sexual Assaults At VA Facilities

by Gerson & Schwartz, P.A.

MIAMI, FL— June 14, 2011 – A recent investigation by the Government Accountability Office (GAO) found that a significant portion of the almost 300 alleged sexual assault reports received by U.S. Department of Veterans Affairs Police between January 2007 and July 2010 were not relayed to the VA Inspector General’s Office. Veterans Affairs policies mandate that all rape reports be passed on to the chain of command and the VA inspector general, the Washington Post explained.

Over a span of approximately three years, VA police officials received a total of 284 reports of alleged sexual assaults at nationwide veterans hospitals and facilities. The alleged assaults were described as “suspected, alleged, attempted, or confirmed cases of sexual assault.”
Among those reports, there were 67 cases of alleged rape and 185 cases of alleged groping. Furthermore, there were eight cases alleging “forceful” medical exams and 24 cases claiming miscellaneous forms of sexual assault.

Of those 67 alleged rape cases, only about one third were reported to the VA Inspector General’s Office, as mandated by Veterans Affairs regulations. Reports noted that many of the sexual assault allegations have yet to be formally proven.

The GAO report also suggested that the level of “physical” security being upheld at many VA facilities was of a substandard nature. The investigation found that many facilities had defective alarm systems and an insufficient number of VA police officers on hand. The probe also revealed that some facilities failed to examine surveillance footage in an efficient manor.

The House Committee on Veterans’ Affairs, which requested that the GAO conduct the VA audit, was expected to discuss the security issues and the apparent trend of under-reporting next week. According to the committee’s chairman, Rep. Jeff Miller (R-Fla.), “When I first read this report, I was aghast… It reminded me of a 1950s prison system — lawlessness, lack of security and reporting, and outright disregard for human dignity.”
Additionally, Rep. Ann Marie Buerkle (R-N.Y.), chairman of the committee’s health division, contended, “The VA failed to protect patients and staff because it did not take the system-wide allegations seriously enough to actually address them.”

June 8, 2011

University of South Florida Officials Report Increase In College Sexual Assault Reports

by Gerson & Schwartz, P.A.

MIAMI, FL—Officials at the University of South Florida (USF) recently reported that there appeared to be an upsurge in the number of sexual assaults reported on the Tampa-based campus, which accommodates approximately 40,000 students. According to information provided by the St. Petersburg Times, USF authorities noted that although seven sexual assault victims reported their cases last year, the highest tally since 2000, the general underreporting of college rapes makes it is hard to determine the true extent of the problem.

Reports indicated that compared with the number of sexual assault reports received by USF campus officials during an average year, there was more than a threefold jump during the year 2009. According to Nanci Newton, the director of USF’s Center for Victim Advocacy & Violence Prevention, the increase in sex assault reports suggests that more victims were taking the initiative to actually speak up about their attacks.

While all seven of the USF rape victims who came forward reported being attacked by individuals they knew or were even “dating” at the time, several factors often leave victims of so-called “acquaintance rapes” unable to obtain justice. For instance, proving a lack of consent can be a difficult process, even if the alleged attacker provides a signed confession. This is because unless prosecutors have another means of proving that the rape genuinely occurred, a signed confession cannot be considered a legitimate form of evidence.

Furthermore, Newton noted that since alcohol tends to play a role in many on-campus sexual attacks, it is hard to prove that the victim didn’t provide consent while drunk. Thus, jury members have been known to place blame on women who are intoxicated when they attacked. “Nobody understands the ruinous impact it has on the victim… She was defenseless, helpless,” Newton maintained.

With the U.S. Department of Justice (USDOJ) estimating that 95 percent of college rapes go unreported, it is not surprising that the problem has been referred to as a “silent epidemic” in the past. Shockingly, Justice Department statistics suggest 1 in 4 female students will fall victim to sexual assault or rape at some point during their college careers.