Published on:

In Northern California, there is a 3-year-old little girl who is blind. She has to be fed through a tube in her stomach. She suffers seizures. She cannot walk or talk or take care of herself. It’s not likely she’ll ever be able to do those things, and most likely, she will die an early death. baby

The situation is heartbreaking, and made even worse by the fact her family asserts her condition was caused by a doctor who waited far too long to order a Cesarean section for the mother when she was in labor with the girl in 2012.

Now, in a bench trial at a U.S. District Court in Sacremento, a federal judge ruled the physician did indeed wait too long before initiating a C-section. This was in light of the fact that the fetus’s heart rate was worsening and there was little chance her mother was going to be able to deliver the child vaginally. Continue reading →

Published on:

It’s been nearly 10 years since plaintiff in Camicia v. City of Mercer Island was seriously injured in a Washington state bicycle accident that left her paralyzed. The case has been volleyed to various courts over the years on a number of issues, most recently to the Washington Supreme Court on the question of the applicability of the Recreational Use Statute. The high court remanded the case back to the trial court for further proceedings.biketrail

Now, less than two weeks before trial was scheduled, the city agreed to settle the case for $6.95 million. Another defendant, a construction company, settled weeks before that for a confidential sum.

Bicycle accidents are a serious problem nationally, but especially so here in Florida. The National Highway Traffic Safety Administration reports in 2013, there were nearly 750 bicyclists killed and another 48,000 injured. Florida had the second-highest number of bicyclist fatalities that year with 133. However, the state with the most – California – had 141 – which is 6 percent higher, despite the fact that California’s population is 95 percent higher than Florida’s. Continue reading →

Published on:

For more than three decades, child safety advocates have been advancing awareness of a serious problem in homes with young children: Window blind cords.windowblinds

The window covering industry started back in 1985 raising awareness of the issue. However, manufacturers never took action to eliminate the risk – as was in their power to do – by scrapping the current model in favor of cordless blinds. Although such products do exist, a recent investigation by ABC News found that retailer employees are not well-educated in informing parents about which blinds are safe for small children.

Although officials with the Consumer Product Safety Commission (CPSC) have for years said they could not outright ban a dangerous product without initiating a lengthy process, they are now initiating just that. The chairman of the agency was quoted by ABC News as saying he wasn’t sure why the industry had failed to take these dangerous products off the market, “Other than greed.” Continue reading →

Published on:

Insurance companies have a responsibility to their insureds and those harmed by their insureds to timely pay fair sums for legitimate claims. When they fail to do this, they may be sued for acting in bad faith. truck4

F.S. 624.155 allows direct legal action against insurers who violate this tenant, and a finding in favor of the plaintiff may result in compensation for triple the amount of original damages.

Usually in auto accident cases, we represent injured parties who are either seeking UM/UIM (uninsred/underinsured motorist) benefits against their own insurance companies, or have been granted rights to pursue the insurer directly after securing a judgment against a defendant insured.  Continue reading →

Published on:

Usually when spouses find themselves on opposite sides of the courtroom, it’s a family law issue: Divorce, child custody, alimony payments and the like.motorcycle

But there are some situations in which spouses who love each other very much and indeed intend to stay together might need to square off in a courtroom – and it’s truly nothing personal.

It has to do with the fact that individuals cannot sue insurance companies directly for personal injuries. That leaves plaintiffs sometimes no choice but to sue the negligent person – and sometimes that includes a relative, close friend or even a spouse. The insurance company provides indemnification for the defendant and will be required to pay the judgment to plaintiff if defendant is found liable. It is sometimes the only way a plaintiff can recover damages for medical bills, lost wages and ongoing pain and suffering. In the majority of cases, the parties involved remain on good terms. Continue reading →

Published on:

Auto insurance is required of drivers in Florida, and we trust that when we pay our premiums in full and on time, the insurance companies will do as they promise.carinsurance

However there are many cases in which insurers don’t follow through on their end of the bargain. Even victims who are seriously injured often don’t receive adequate compensation until an experienced personal injury lawyer gets involved. It is the attorney who initiates negotiations that lead to just compensation, usually after the insurance company throws low-ball settlement offers or outright refuses payment. And when insurers dig in their heels and refuse a settlement, it is the lawyer who fights for the rights of the injured at trial.

In a recent case out of Miami, it took 10 years, but a former doctor and his wife may finally be receiving the insurance compensation they deserve, following a horrific crash on I-95. Continue reading →

Published on:

Florida courts do not allow plaintiffs in most car accident cases to raise the issue of defendant insurance due to concern that jurors would treat insured defendants differently from those who lacked insurance. traffic

It is in a similar vein that courts generally don’t allow defendants to mention whether plaintiff seeking compensation for medical bills had health insurance coverage. Courts don’t want jurors giving less compensation to plaintiffs who had coverage (and maybe only paid a fraction of billed costs out-of-pocket) than those who didn’t (and are therefore solely responsible for paying bills in full). This is known as the collateral source rule, and the key is that wrongdoers shouldn’t be allowed to benefit just because plaintiff received compensation from some other source. A plaintiff’s compensation from a third party doesn’t make the actions any less wrong.

However, that also doesn’t mean plaintiffs are necessarily entitled to receive double recovery. Usually, the insurance company intercedes and collects its fair share. Continue reading →

Published on:

The Florida Supreme Court has reinstated a $6.6 million verdict in an asbestos liability lawsuit, quashing an earlier ruling by the Third District Court of Appeals that reversed a trial court’s judgment. homeconstruction

The case, Aubin v. Union Carbide Corp., is one of a string of lawsuits against the Texas-based producer and purchaser of a chemical called ethylene. A number of its products produced at its plants from 1945 to 1980 contained various types of asbestos, including Calidria chrysotile asbestos. Exposure to asbestos is the only known cause of a terminal cancer known as mesothelioma.

While many have decried the fact that the wave of asbestos litigation has clogged courts and forced companies into bankruptcy, these arguments gloss over the fact that these firms were aware of the danger posed by their products, and failed to warn or protect their workers or consumers. In fact, in the case of Union Carbide, evidence produced in a 2012 jury trial in Los Angeles that resulted in a $37.5 million judgment revealed an internal memo that proved the company knew asbestos exposure caused cancer. Continue reading →

Published on:

Athletes put their bodies through punishing routines in order to ready themselves for competitions. They know they must be in top physical shape in order to win. They may even expect to get hurt in the course of competing. But when an injury happens off the field or court, it can result in serious consequences not only to their health, but their livelihood. tennis

That’s what’s being alleged by pro-tennis player Eugenie Bouchard, who has filed a lawsuit against the U.S. Tennis Association and the U.S.T.A. Billie Jean King National Tennis Center in connection with a slip-and-fall she suffered in a physical therapy room. Bouchard’s lawsuit was filed little more than a month after winning her final match at the U.S. Open.

The lawsuit, filed in U.S. District Court for the Eastern District of New York, alleges she fell as a result of coming in contact with a slippery, foreign and dangerous substance on the tile floor of a physical therapy room operated by defendants. Continue reading →

Published on:

At some time in their lives, Americans will experience a missed, delayed or wrong diagnosis from a health care provider. That’s according to the latest in a series of in-depth patient safety reports by the Institute of Medicine, which is part of the National Academy of Sciences. doctor

The first of these studies, released in 1999, was the bombshell, “To Err is Human,” which revealed some 100,000 people die every year in the U.S. as a result of health care errors. The latest estimates indicate the actual figure is likely four times that high. But diagnostic errors are scarcely mentioned in this literature. Now, researchers contend this under-studied issue accounts for far more problems than other types of mistakes, such as surgical mishaps or medication errors.

Much of research in the past has spotlighted mistakes that occur in hospitals. This is, of course, important. After all, that’s where emergency services are rendered, many surgeries take place and patients receive longer-term, inpatient critical care. However, it’s not where the majority of diagnostic errors happen. They occur in surgical centers, outpatient facilities and doctors’ offices. Continue reading →