South Florida Injury Lawyers Blog

A nearly decade-long battle waging between 270 residents of the small community of Tallevast and Fortune 500 giant Lockheed Martin appears to be easing with the pending settlement of a civil suit over contaminated groundwater, the Miami Herald reports.

Our South Florida premises liability attorneys have been monitoring the complex case where long-toxic, tainted, property changed hands several times and attaching liability became an epic legal struggle. It is believed that groundwater supplying the small community first became tainted more than 40 years ago when the American Beryllium Co. operated a plant manufacturing parts for nuclear warheads. In 1996, the land was purchased by Lockheed Martin and the plant was shuttered.

A 2007 Sarasota Herald-Tribune article reveals that Lockheed Martin was aware that pollutants existed in the soil and groundwater before selling the property, and for several years failed to disclose to state and local officials and Tallavast residents that area well water was contaminated with potentially toxic levels of TCE, or tricholoroethylene. TCE is a compound linked to lung, liver and kidney cancer, leukemia and lymphoma.

Three other resident lawsuits remain as residents continued to fight to have Lockheed Martin foot the bill to relocate 80 homes in the community from the contaminated site. The company argues it has taken steps to make Tallavast a safe place to live, but, at the same time, admits it will take 50 years to eradicate traces of the pollutant from the soil.

Neither Tallavast residents, nor their lawyers, are buying it. Meanwhile, 275 wells continue to monitor environmental impacts of the pollution plume and the state is launching a $125,000 door-to-door study that will detail family medical histories, among other things.

Continue reading " Battle between Tallevast residents and Lockheed Martin eases with civil suit settlement over groundwater contamination " »

South Florida personal injury attorneys have been following the developments in the South Miami Hospital case where the accidental circumcision of an eight-day-old infant has both created controversy and led to the filing of a million-dollar lawsuit. The Miami Herald reports that the child was circumcised without the mother’s consent and despite the fact she repeatedly rejected the procedure when asked by hospital staff.

The 30-year-old mother said that circumcision is not a common in her family and it is a medical procedure she culturally opposes. The hospital has since apologized to the family and has promised to put in place procedures to prevent such an error from occurring in the future. Aside from seeking compensation for physical damages caused by what her attorney has called an irreversible “amputation” of healthy tissue, the infant’s mother has also filed a criminal battery report with local law enforcement.

Clearly a sensitive topic for the family, the case is also causing a stir within the community. According to ABC News, the anti-circumcision group SICSociety plans to demonstrate outside the hospital to show support for the family while raising awareness that circumcision is not a medically-necessary procedure.

About 55 to 65 percent of U.S. babies are circumcised each year, a drop of about 10 percent from when the practice reached its peak in the 1960s, Kids Health reports. Circumcision is a much more common practice in Canada, the Middle East and the United States than in Asia, South and Central America and portions of Europe.

Regarding the premise of medical necessity, the American Academy of Pediatrics disagrees. The AAP defines circumcision as “non-essential to the child’s well-being” and recommends deferring the decision to circumcise to the parents, whose cultural, social, ethnic or religious beliefs may or may not align with common American medical practices.

A decision taken away from one set of parents in a Miami hospital on Aug. 2. In other cases, medical mistakes during circumcision may lead to scarring or the formation of scar tissue or lumps around the end of the penis. This malformation can range from moderate to severe and may ultimately require surgical correction.

Continue reading " Circumcision errors a common cause of medical malpractice claims in Miami, West Palm Beach " »

In 2006, a young girl visiting the Wellington Community Center slipped on the deck of the 3-meter diving board overlooking the clear blue water of the pool. She fell through the railing and dropped nearly 10 feet before landing on the pool deck, sustaining a serious head injury that caused seizures. Lawsuits were filed, and in 2009, the family and Wellington Village settled the cases for $150,000, the Palm Beach Post reports.

At the advice of the Village’s insurance company, and to protect itself from future South Florida premises liability claims, the community chose to remove the board in May as the Center underwent renovations.

According to the American Academy of Pediatrics, recreational swimming and diving are the third most common physical activity pursued by adults in the U.S., falling only behind walking and camping as preferred pastimes. Across the board, swimming pools and diving boards hold a special allure for children who have access to more than 8 million public and private swimming pools nationwide. Swimming pool accidents in Fort Lauderdale and West Palm Beach are a common source of serious and tragic accidents, particularly among children.

It is estimated that children and families trek to aquatic environments about 360 million times annually. And with access, comes injury. From 1990 to 2006, more than 111,340 children aged 19 and younger – or about 6,500 per year – were treated in emergency rooms for diving-related injuries. At 36.3 percent, 10 to 14-year-olds comprised the largest patient population. For this age group, collision injuries with the dive board or platform resulting in lacerations to the head, neck and face, bruising, sprains and strains were most common.

Children aged 5 and younger were most likely to sustain facial injuries, while children aged 5 to 10 more commonly cut themselves. Older kids – aged 10 to 19 – were more likely to experience fractures or injure extremities. Across all age groups, as expected, a diving board injury was far more likely to occur if a kid was attempting a trick, a complex dive or a back flip.

Given the tropical climate granting year-round access to public and private swimming pools, Floridians – particularly South Floridians – are drawn to poolside activities with far more frequency than most other Americans. Whether supervised or not, Florida kids spend more time water-logged than dry which increases their exposure to both the benefits and potential hazards that come with the environment.

Continue reading " Diving boards a frequent cause of swimming pool accidents in Fort Lauderdale, West Palm Beach " »

Three 2-ounce bottles of mercury found in a homeowner’s garage and opened could see clean-up costs reach $250,000 after decontamination effort in a suburban neighborhood spread to several homes along Northwest Third Place in Margate, the Sun Sentinel reports.

After a resident found the three small bottles of the liquid metal in his garage, he poured some on his driveway and shared a bottle with neighborhood kids. The kids played with the material and carried the toxic material to at least four homes. The Florida Department of Health indicates that mercury can be harmful to humans depending upon how much of the liquid the victim handles and for how long. In short, under the right circumstances – namely eating it, breathing it or touching it – mercury exposure could lead to a Fort Lauderdale personal injury claim.

With that said, because the presence of mercury is so common in the environment, almost everyone carries at least trace amounts of the element in their bodies. In places like Florida, where commercial and recreational fishing and seafood consumption are major industries, most consumers identify mercury consumption concerns with eating fish and shellfish.

It is common knowledge that most all seafood is known to carry a conversion of mercury – methylmercury – which is absorbed via small intestines. The larger and older the fish, the higher levels of methylmercury they carry. Edible predatory fish like sharks, swordfish and king mackerel accumulate even more of the toxic element because they almost exclusively feed on smaller fellow mercury-carrying sea life.

But being exposed to mercury due to a homeowner's negligence is a different matter. What the homeowner was doing with the mercury will certainly be investigated. But the gross negligence with which it was handled has put neighborhood children, and possibly their families, at risk.

Continue reading " Margate mercury spill highlights personal injury and premise liability hazards at home " »

For 67-year-old Palm Beach County Judge Nelson Bailey, a trip to the hospital nearly cost him his life. After undergoing abdominal surgery to address his diverticulitis, the Judge’s condition continued to worsen. For five months he suffered, returning to his primary care physician with complaints of abdominal pain and undergoing repeated CT scans, the Palm Beach Post reports.

Finally, the source of his ongoing pain was identified. A gauzy surgical sponge, approximately a square foot in size had been left behind, inside him, festering near his intestines. His body struggled to protect him by building a barrier around the sponge. Unfortunately for the Judge, this process caused part of his intestines to rot and a section needed to be removed

On average, physicians paid out $315,373 in Florida medical malpractice payments in 2003, WrongDiagnosis.com reports. From 1990-2003, 13,498 medical malpractice payment reports were made against Florida physicians and another 353 were made against Florida nurses.

Breast cancer, lung cancer, colorectal cancer, heart attacks and appendicitis are the leading diseases garnering monetary malpractice awards nationwide. Malpractice allegations generally arise when diagnosis is delayed and treatment options are narrower in scope, more aggressive and less successful.

Meanwhile for the Judge, who has settled with the hospital and is now pursuing lawsuits against two radiologists and his surgeon, this experience has turned him into an advocate. He told the Palm Beach Post he’d like to see two things change about hospital care and malpractice. First, he believes all hospitals should have equipment that detects surgical gear left behind. Second, medical malpractice caps on the amount of damages a patient can seek should be lifted.

While the medical industry continue to scream about the cost of medical malpractice lawsuits, national studies continue to show that the cost of such suits represent no more than 10 percent of the cost of health care in America -- or about the size of one annual increase in premiums. If doctors want to control the cost of medical malpractice, they need to do a better job of preventing negligence in the treatment of patients.

Continue reading " Local judge wins Palm Beach medical malpractice claim against Good Samaritan Medical Center " »

A North Miami resident and University of Wyoming freshman linebacker was killed and three of his fellow teammates were injured when their car rolled during an early morning one-car accident in Colorado, the Miami Herald reports.

The 19-year-old is remembered as a Hollywood Chaminade-Madonna football star and the 2009 All-Broward County linebacker. According to police reports, it is believed the driver fell asleep and there is no evidence that drugs or alcohol played a role in the accident.

As noted in an earlier post to our South Florida Injury Lawyer blog, car accidents are the leading cause of death for teens aged 15-20 and responsible for one in three deaths in this age group. In 2008, 2,739 teenagers were killed in car accidents nationwide, 195 in Florida car accidents.

In fact, teen drivers in Florida are involved in more car accidents and more fatal car accidents than anywhere else in the nation. Florida teens also rank second in the nation for the number of alcohol-related crashes, the Florida Sheriffs Association reports.

Per mile, teen drivers are four times more likely than older drivers to crash. In 2008 alone, more than 350,000 teenager drivers and passengers across the U.S. were injured badly enough to require emergency care, according to the Center for Disease Control.

Of all teen drivers, males, teen drivers with teen passengers and newly licensed teens are most likely to be killed or injured in a car accident. Factors that add risk to teen driving include: inexperience and underestimation of dangerous situations; speeding; risky driving; drinking alcohol and driving; and not wearing a seat belt.

In 2009, there were 772,910 licensed Florida drivers aged 15-19 involved in 29,482 reported Florida car accidents that claimed 242 lives, an increase of almost 50 fatalities over 2008. This same age group was involved in 849 alcohol-related car accidents that killed 127, the Florida Highway Safety and Motor Vehicle reports.

Continue reading " Former high school football star's death illustrates risk to teen drivers involved in Florida car accidents " »

A 49-year-old man remains at Bayfront Medical Center with life-threatening injuries after being struck while riding his bicycle by a car that left the scene. The cyclist was riding on the street but was thrown to the sidewalk where he hit his head on a light pole base, the St. Petersburg Times reports.

In 2009, almost four percent of all traffic fatalities across the state involved Florida bicycle accidents, the Florida Highway Safety and Motor Vehicles reports. There were 99 bicycle accident fatalities and 4,376 cyclists were injured.

Broward, Miami-Dade and Palm Beach Counties were the three most dangerous counties in 2009 for cyclists, claiming 33 lives and leaving 1,292 riders injured. For the same region in 2008 there were 25 fatal bicycling accidents and 1,304 injured cyclists.

The Florida Bicycle Association offers a few simple tips that can help decrease your chances of getting in a South Florida bicycle accident:
~ Know how to ride. Just being able to start, stop and turn without falling or running into other cyclists cuts your risk of injury in half.

~ Obey traffic laws, signs and signals like all vehicles on the road are supposed to do. That includes using lanes correctly and using lights to make your ride visible when it’s dark.

~ Be conspicuous when sharing the road with four-wheeled vehicles. Telegraph your intent to fellow drivers. Communicate using eye contact and hand signals.

~ Be defensive and proactive. Stay off your cell phone and leave your headset at home. Pay attention to what is going on around you and watch for road hazards (like potholes).

~ Wear a helmet and gloves. While these may not help you avoid a crash, they can reduce the severity of your injuries.

Continue reading " Late night hit-and-run reflects danger of South Florida bicycle accidents " »

Since August 18, there have been five reported Florida school bus accidents that have involved at least 70 school children and claimed the lives of one school bus driver and the driver of a pickup truck.

The 57-year-old school bus driver was killed in Jefferson County after her bus veered from County Road 257 and struck a tree. According to wctv.tv, none of the six children she was transporting were injured during the crash and what cause her to drive off the road is still unknown. Grief counselors have been dispatched to area schools to help grieving children, their families, and fellow bus drivers cope with her death.

As our experienced Fort Lauderdale school bus accident attorneys have reported on our website and in an earlier post on our South Florida Injury Lawyer blog, between 1991-2001, on average, 26 children died each year due to a school bus accident. Half of the victims were between the ages of 5-7.

In Florida, school bus accidents are most common at the start of the school year – a point further validated by number of accidents around the state just during the last month.

The attorneys at Freeman & Mallard have found that in many school bus accident cases, driver inattention, an inexperienced bus driver, faulty or poorly maintained equipment, or a dangerous bus stop location often play some contributing role in a crash. All are common factors in accidents where serious injury or death occur and point to potential issues of negligence and liability on the part of the school bus operator and those who manage and oversee the fleet and their drivers.

Continue reading " Five Florida school bus accidents in less than a month raise liability issues " »

A 26-year-old Lantana woman and her passenger were both seriously injured after the driver blacked out and crashed her Honda Civic into a home off West Ocean Avenue Sunday afternoon, the Palm Beach Post News reports.

Officers responding to the Palm Beach car accident reported that the driver had not taken her anti-seizure medication prior to getting behind the wheel which led to the blackout. An eight-year-old boy playing a video game in the living room of the home was unhurt, although obviously quite startled.

For the family of the eight-year-old boy, repairing broken glass and some smashed concrete and replacing a couple mailboxes and street signs seem grateful tasks. That the child was unhurt despite standing six-feet from where the Civic came to rest after smashing through the living room, a blessing. Neither the driver nor her passenger was so lucky. The driver remains in serious condition and her passenger is critical.

Dealing with car accidents caused by side effects of medication is a significant issue in South Florida, particularly with the large number of retired and elderly drivers. Hiring an experienced attorney can assist a victim in determining if medication played a roll in a crash as often times law enforcement will not be able to make such a determination at the scene.

Consulting an experienced West Palm Beach car accident attorney can help victims preserve their rights and regain control of their lives. Our team of lawyers, investigators, medical professional and support staff bring years of experience to every car accident claim and know what steps to take to maximize your recovery for damages. If you or someone you love has been seriously injured in a South Florida car accident, speaking with an attorney can help you protect your rights and plan for your future.

Continue reading " Palm Beach car accident leaves two seriously injured at Delray Medical Center " »

Driver fatigue has been linked to more than 100,000 serious car accidents annually that leave 71,000 people injured, 1,550 dead and cost more than $12.5 billion in damages and lost wages, the National Highway Traffic Safety Administration reports.

For the family of eight-year-old Ronshay Dugan, who was killed two years ago in a Tallahassee multi-vehicle crash involving the school bus she was riding, a cement truck, an SUV and a van, the reality of driver fatigue is much more than a statistic. For them it is a grim reminder of their tragic loss that has become a mission in public awareness.

West Palm Beach car accident attorneys at Freeman & Mallard LLC understand the legacy of pain and suffering that can accompany a South Florida car accident when a loved one is seriously injured or killed. Our team of lawyers, investigators, medical professional and support staff recognize the emotional, physical and financial devastation that can be caused by someone’s negligence. Our mission is to help victims preserve their rights and regain control of their lives.

For the Dugans, one step in that direction involves the passage of the 2010 Ronshay Dugans Act which designates the first week of September as Drowsy Driving Prevention Week. Through this awareness campaign, the family hopes to expose Florida drivers to the dangers of driving while tired.

“Ronshay’s family shares the story of their tragic loss so that others don’t have to experience the same,” said State Rep. Alan Williams, who sponsored the Act. “Drowsy driving decreases awareness slows reaction time and impairs judgment. The catastrophic losses that can occur when drivers doze off at the wheel can be prevented, and we want drivers to plan their daily commute and long trips accordingly so that they can arrive safely at their destinations.”

Tips for avoiding drowsy driving:

overconfident and fall victim to drowsy driving. Measures that drivers can take to stay alert behind the steering wheel are:

-Get a good night's sleep.

-Ride with a friend.

-Stop and take a break every few hours.

-Don't drink and drive

-Beware the side effects of prescription medication

Continue reading " South Florida drivers beware: drowsy driving linked to 1,500 fatal car accidents annually " »

What started with a brawl between two minors waiting in a movie ticket line quickly spread to a melee involving hundreds of teens gathered at Aventura Mall Saturday night, the Miami Herald reports. Before the chaos was quelled, mall security and dozens of law enforcement officers from different agencies around Miami-Dade descended on the crowd. Twelve minors were arrested. Taser stun guns were used on four.

Three juveniles were charged with felonies and taken to the Juvenile Assessment Center for processing and the rest were released to their parents. This is the second time in five years minors were charged due to incidents involving mall security, law enforcement and Taser stun guns at Aventura. In both incidents, law enforcement and juveniles sustained minor injuries.

Mall management and property owners have a legal obligation to ensure a safe environment for patrons and employees. A serious premises liability injury was fortunately avoided in the Saturday brawl, which ultimately involved hundreds of children and adults. An injury due to premise liability or negligent security can occur at any time as a result of a host of unsafe conditions, including inadequate crowd management and control.

Experienced South Florida premise liability attorneys with Freeman & Mallard understand the complexities of such litigation and are dedicated to fighting for the rights of victims and their families in West Palm Beach, Fort Lauderdale, Port St. Lucie/Fort Pierce and the surrounding area.

The day after the incident Aventura Mall was seeing a steady stream of business as usual. When interviewed, mall shoppers were equally concerned and unfazed. Mall management and police are set to meet this week to discuss Saturday night’s events.

Continue reading " Incidents at Aventura Mall highlight South Florida premise liability, negligent security issues " »

Last week Toyota rolled out one of its largest recalls since the auto manufacturer started recalling cars and trucks in October 2009. Toyota is recalling 1.3 million Corolla and Matrix models in the U.S. and Canada that may contain a defective part in the engine control module responsible for regulating engine performance, wftv.com reports.

The recall includes an additional 161,754 Pontiac Vibe vehicles build as a joint venture between Toyota and General Motors. It is believed the defect may cause some of the module circuit boards to crack which could lead to an engine stall or prevent it from starting. Three accidents have been tentatively linked to the failed circuit board, though Toyota says the link has not been confirmed.

The Fort Lauderdale product liability attorneys at Freeman & Mallard understands the complexities of defective product cases. Our staff fights for the rights of consumers who have been injured or killed in all types of defective product cases, including defective vehicles, medical devices, child toys and other consumer goods. At Freeman & Mallard, our goal is to protect those who are not able to protect themselves. We will review your defective product case and if we can help, we will pay the cost of litigating your case. You will pay us nothing unless we win.

Toyota has now recalled almost 11 million vehicles in the last year, the Detroit News reports. The latest recall was issued on the heels of a National Highway Traffic Safety Administration review. The NHTSA investigation has been ongoing since November 2009.

For vehicles no longer under warranty, Toyota is reimbursing owners who have paid for repairs out-of-pocket and plans to notify all Toyota Corolla and Matrix drivers by mail of the recall starting mid-September.

Continue reading " Ongoing Toyota recalls highlights dangers of West Palm Beach car accidents caused by defective vehicles " »

State law enforcement officials are reminding South Florida residents that a stepped up patrol presence on roadways isn’t the only place officers will be looking for drunk and impaired drivers this Labor Day weekend. Deputies will also be patrolling our inland and off-shore waterways hoping to keep recreational boaters safe and accident-free as well, tbnweekly.com reports.

According to the article, 18.5 percent of boating fatalities were alcohol or drug related; 65 people died in Florida boating accidents in 2009. Not surprisingly, Florida leads the nation in boating incidents with 982,470 registered vessels involved in 620 reported boating accidents in 2009, the Florida Fish and Wildlife Commission reports.

A FWC review of annual boating accidents found that 62 percent of reportable accidents occurred in 10 Florida Counties, with Miami-Dade, Palm Beach and Broward County ranking in the top five for number of boating accidents. If you have been injured in a boating accident, talking to an experienced Fort Lauderdale personal injury attorney who understands the complexities of Florida boating laws can help you preserve your rights.

Recent data compiled by the FWC indicates that boating accidents are on the increase in 2010 with three drowning so far this summer caused by people jumping from boats into high-traffic waterways. Officials say that swimmers often overestimating their abilities or are unfamiliar with potential dangers lurking beneath the surface in open-water.

Of course, alcohol is often a factor, and officials suspect it to have played a role in this year’s upswing. “Operating a vessel or engaging in other waterborne activities while drinking is just not a smart idea,” Capt. Carol Keyser of the FWC’s Boating and Waterways Section said.

Continue reading " Labor Day car accidents, boating accidents a danger throughout the Fort Lauderdale, West Palm Beach area " »

Adding to an existing aggressive seat-belt safety awareness and regulatory campaign, U.S. Transportation Secretary Ray LaHood announced a proposal this week that will require new motor coaches to have lap-shoulder belts which, when worn, can save lives by preventing ejection during crashes or rollovers.

“We’re committed to making sure that motor coach travelers reach their destination safely,” said Secretary LaHood. “Seat belts save lives, and putting them in motor coaches just makes sense.”

In Florida in 2009, of the 1,555 fatalities linked to car accidents, 917 passengers and drivers – or 59 percent – who were killed were not wearing seatbelts, according to the Florida Highway Safety and Motor Vehicles.

In July we reported on our South Florida Injury Lawyers Blog that while Florida traffic accidents reached a new low in 2009, the number of accidents in St. Lucie actually increased.

And despite the statewide tick downward, there were still more than 25,000 traffic accidents in Broward County, more than 42,000 accidents reported in Miami-Dade, and the Palm Beach and St. Lucie areas combined reported more than 15,000 traffic accidents.

At Freeman & Mallard, our Fort Lauderdale car accident attorneys understand that being injured or losing a loved one in a car crash can be financially, emotionally and physically devastating. Dealing with car repairs, hospitalization, multiple trips to the doctor or rehabilitation, lost days at work, and even funeral expenses, add unbearable stresses and strains to daily life..

Talking with and experienced attorney who has a thorough understanding of Florida’s traffic laws and can properly investigate your case will help you better preserve your rights and navigate your way back from the aftermath of a serious accident.

Continue reading " Seat belts could reduce risk of serious or fatal injuries in Fort Lauderdale bus accidents " »

Just weeks after the Federal Railroad Administration ranked Florida among the ten worst states for train accidents at railroad crossings, a 34-year-old Edgewater man was struck and killed by a Florida East Coast Railroad freight train, according to a New Smyrna Beach media report.

In 2009 alone, Florida railways accidents included 48 crossing collisions that left 10 dead and 19 injured. Another 19 were killed and 8 injured in trespass incidents, according to the non-profit railway safety organization Operation Lifesaver.

According to the National Safety Commission, there are a handful of causes that frequently contribute to railroad crossing accidents.

First, trains look like they are moving slower than they really are which can lead a driver or pedestrian into making a judgment error when approaching a railroad crossing.

Second, trains are big and heavy. So even if they are traveling at a relatively slow rate of speed – say about 35 mph – they still pack close to a million tons of force.

Third, it takes about 1.5 miles to bring a freight train to a complete stop, and with only about half of public rail crossings controlled by electronic signals, and many private crossing unmarked and without any signaling, a distracted driver may, quite literally, drive onto an active railway and never see the train coming.

The safest rule is the simplest: before crossing any railroad track, assume a train is coming, whether you see or hear one or not.

In cases where a crossing accident occurs, it is important to consult with an experienced Port St. Lucie accident lawyers, or a personal injury or wrongful death attorney in your town. Investigating the cause of the accident is a critical step to protecting the rights of you and your family.

Continue reading " South Florida train accident a reminder of Florida's deadly railroad crossings " »