Florida Accident Attorney Blog

The Fort Myers News Press reports that a Lee County jury has awarded a Florida couple $19.2 million in a medical negligence lawsuit. The Florida injury lawsuit was brought against Lee Memorial Health System after the family's baby girl, born premature, suffered permanent neurological injuries due to a pharmaceutical error in 2007.

News reports state that the medical negligence trial in Lee Circuit Court, Florida, against Lee Memorial surrounded injuries that an infant girl suffered after receiving an overdose of nutritional supplements. The child was reportedly born premature and the amount of supplements prescribed for her was grossly in excess. The couple's attorney reported that the dosage was for a person weighing 160 pounds, not a premature baby. The child went into cardiac arrest and suffered brain hemorrhage; through she survived, she now has permanent neurological impairments including cerebral palsy.

Fort Myers, Florida child birth injury attorneys may consult to families who believe their infant's injuries were caused by medical malpractice or medical negligence. It's important to consult with an experienced Fla. child injury lawyer as soon as suspicion of medical negligence or malpractice arises, as these cases can be very complicated for lay people to understand.

While Lee Memorial admitted negligence, they denied that the overdose of vitamins and supplements caused the child's condition. In 1963, the Florida Legislature made Lee Memorial Hospital an independent special district, affording it "sovereign immunity protection." This puts a cap on liability at $100,000 per victim or $200,000 per lawsuit. News sources report it is unclear if Lee Memorial will appeal the jury's verdict or how the cap may impact the family's award. A specific bill would have to be passed by the Florida Legislature to exceed the cap.

As this case sadly demonstrates, pharmacy and/or medication errors can leave the patient with permanent disabilities -- the wrong medication or dosage can also be fatal. The child in this case faces a lifetime of challenges, as news reports state she is nearly blind and in a wheelchair as the result of her injuries. The birthing process is supposed to be a joyous occasion, but any medical procedure or stay in the hospital -- including childbirth and its aftermath -- comes with risks. A difficult birthing process, if not handled with proper medical care, may result in Erb's palsy birth injuries and other shoulder dystocia birth injuries.

Source:

Fort Myers couple awarded $19.2 million
Lee Memorial has to pay in infant overdose case, jury decides
News-Press.com Feb. 6, 2011

Related Florida Birth Injury Attorney Articles:

Florida Medical Malpractice Lawsuit Claims Childbirth Injury Caused by Faulty Practice Feb. 1, 2011

Neurological Injuries to Newborns -- Common Causes

A Miami newspaper reports that a Florida homebuilder has settled a class action lawsuit for $1.2 million, which will be awarded to homeowners who are living on or near a former WWII bombing range.

According to an Associated Press story in the Miami Herald, Florida homeowners in a southeast Orlando, Fla. subdivision sued the homebuilder, after learning that their homes were built on or near the Pinecastle Jeep Range. The Florida homeowners in this lawsuit claimed that they were never informed of the homes' proximity to the bombing ranges; and that their home values declined after live bombs and munitions were discovered in their area. The settlement will reportedly be divided amongst 118 homeowners.

A Palm Beach County, Florida construction liability lawyer is familiar with laws surrounding Fla. homebuilding and consumer safety.

Lawsuits such as this one can be very complex, given issues surrounding liability and the construction, homebuilding, and real estate industries. As part of the settlement, the builder in this Florida lawsuit reportedly did not admit to liability or wrongdoing.

The U.S. Environmental Protection Agency (EPA) states that "millions of acres of former munitions ranges were transferred from the military to be used for other purposes" -- and that unexploded ordnances and munions continued to pose health and safety hazards to the American public. CNN reported in 2008 that the U.S. Army Corps of Engineers had launched a cleanup effort to the Orlando, Florida neighborhood cited in the lawsuit.

Bombing range lawsuit settled for $1.2 million
MiamiHerald.com Feb. 17, 2011

Live Bombs Haunt Orlando Neighborhood
CNN.com June 30, 2008

Related Web Resource

Military Munitions/Unexploded Ordnance
United State Environmental Protection Agency

Some jobs in Florida and around the U.S. put workers at greater risk for injury and death than others. The most obvious is construction work -- including jobs performed by roofers, builders, carpenters, iron workers, welders, electricians, plumbers, and others -- where serious accidents involving heavy machinery and vehicles, falling objects, and slip and fall accidents from roofs and scaffolding can have devastating consequences.

But a new U.S. Labor Department report reveals that some people are at higher risk for injury on their jobs -- occupations one wouldn't automatically think of as "dangerous." The report is based on 2009 data for non-fatal occupational injuries. Workers at higher risk than average for injury on the job include…

• Housekeeping workers and tree trimmers, who are prone to injuries from constant repetitive motions with the equipment they use on the job


• Bus drivers, whose backs, necks, and spines are constantly jostled from the bumpy rides of transit vehicles


• Health care workers, including nurses, aides, and attendants, as well as paramedics, who may become injured from lifting or moving patients, or in some medical jobs, from needle sticks


• Dental hygienists, who find themselves leaning over in the same position as they work to clean people's teeth


• White collar workers with desk jobs are at risk for injury such as carpal tunnel syndrome and chronic back pain, if they're sitting at a desk and typing away on a computer all day and not taking breaks and stretching.

Miami Dade County work accident lawyers may offer guidance to employees who think they've been injured on the job in Florida. It's important to consult an experienced South Florida workers compensation attorney before filing a claim, as the insurance system can be very confusing for injured workers who try to go it on their own. Florida workers' compensation claims may best be handled by an experienced work injury attorney, for the injured employee to receive the best outcome.

Source:

Risky Business: Jobs You Never Knew Were So Dangerous
Market Watch, Yahoo! Finance, Feb. 14, 2011

Related Web Resource:

U.S. Department of Labor: Workers' Compensation

Related Florida Accident Attorney Article:

Department Store Worker Dies After Ladder Fall Injury; Labor Dept. to Investigate

UPI and other media reports that a family from Calif. has filed an injury lawsuit after their child received burns from eating hot nacho cheese at Disney World theme park in Orlando, Florida.

According to news reports, the child, age 4, was burned on the face while eating nachos with hot cheese at Disney World. The lawsuit filed in a California court holds Walt Disney Parks and Resorts responsible for the child's injuries that were incurred in Florida. A Disney spokesperson reportedly said they are reviewing the specifics of the lawsuit.

When a child or other family member is injured while on vacation in Florida -- whether at a hotel, restaurant, beach resort, or other recreational facility -- they may consult an experienced Fort Lauderdale, Florida premises liability lawyer to see if they have a legitimate case or claim.

A premises liability lawsuit in Florida can be complicated, so it is best to consult an experienced Fla. injury attorney as soon as possible, after the accident has occurred.

A Florida vacation is normally an exciting, relaxing time for the whole family. However accidents can happen -- while on a cruise, parasailing, boating, swimming -- or even while just shopping or eating out at a Florida restaurant. Experienced South Florida injury attorneys have legal insight regarding whether negligence on the part of the property owner or premises management may have contributed to the person's injuries.

Related Florida Injury Attorney Articles:

Florida Cruise Ship Accidents and Injuries Can Happen -- at Sea or in Ports of Call

Defendant in Florida Restaurant Slip and Fall Injury Case Settles for $400K

Florida Parasailing Bill Aims to Prevent Deadly Parasail Accidents

Sources:

Disney sued for child's nacho cheese burns
UPI.com Feb. 11, 2011

Nacho Lawsuit: Parents Sue Disney Over Hot Cheese Incident
LAist.com Feb. 13, 2011

A Miami-Dade County, Florida bus driver will face charges as the result of a commercial vehicle traffic accident that fatally injured a pedestrian.

The Miami Herald reports that on Nov. 27 of last year, a Miami Dade transit bus struck and killed a pedestrian, who appeared to step off the curb as the bus made a turn. At the time of the fatal pedestrian accident, the female bus driver, age 41, stated she did not know the bus struck a person. The man killed was 51 years old.

When a pedestrian accident resulting in injury or death occurs in Miami Dade County, Florida families may consult an experienced Miami pedestrian car accident injury lawyer to help determine liability in the case.

The pedestrian and bicyclist resource site WalkingInfo.org states that more than 4,000 pedestrians were killed and 59,000 pedestrians were injured in the U.S. in 2009. In addition, PEDSAFE crash analysis reports that pedestrian and bus accidents are more apt to occur when people cross the street in front of a commercial bus stopped at a bus stop, walk in the vicinity of a commercial bus stop, or are walking to or from a school bus stop.

The bus driver involved in this fatal Miami, Florida motor vehicle accident where a pedestrian was killed faces charges of leaving the scene of an accident and failing to render aid to the accident victim.

Related Florida Accident Injury Attorney article:

Florida Pedestrian Traffic Accident Deaths Up: Report Cites Technology Distractions
Jan. 31, 2011

Sources:

Miami-Dade bus driver charged in fatal accident
The Miami Herald Feb. 11, 2011

WalkingInfo.org: Pedestrian Crash Facts

PEDSAFE Crash Analysis

If you drive a Toyota in Florida that was on last year's exhaustive recall list, you'll be interested in this news story. Toyota recalled millions of vehicles worldwide in 2010 after reports of several fatal car accidents occurring when drivers were unable to stop their vehicles from accelerating. Driver reports varied from problems with "sticky gas pedals" to ill-fitting floormats, to brakes that failed to slow the vehicles to a stop, to suspected electrical problems.

The U.S. Department of Transportation (DOT) and the National Highway Traffic Safety Administration (NHTSA) worked with NASA engineers to investigate the causes of these "runaway Toyota" vehicle accidents. Now the report is in.

According to the DOT, the Toyota car crashes resulting from "unintended acceleration" were caused by mechanical problems -- not electrical failure. The causes, the report states, were problems with sticking gas pedals that were slow to respond when drivers tried to decelerate; improperly fitting floor mats that ensnared the gas pedals, preventing proper function of the gas and brake pedals; and possible driver error.

Families may consult with a Miami, Florida auto product liability attorney if a car accident with injury or death occurs and auto manufacturer liability is in question. The government is now considering proposing rules for a number of automotive industry-wide safety design modifications, such as brake override systems and better designed and placed pedals to "reduce pedal misapplication." A link to the DOT press release on the Toyota recall investigation findings appears below.

Press Release on Results of Toyota Recall Investigation Findings
US DOT Feb. 8, 2011

NHTSA, NASA Find No Fault in Toyota Electronics
Miami Herald Feb. 8, 2011

Related Florida Accident Attorney Blog Articles:

Florida Toyota Driver Alert: Toyota Recalls Millions of Vehicles; Sales & Production Halted Over Gas Pedal Problem Jan. 28, 2010

Florida Driving Alert: Toyota Lexus Issues Safety Advisory After Fatal Car Accident Involving Floor Mats Dec. 2, 2009

A medical malpractice lawsuit filed in a central Florida court claims that an infant's birth injuries were caused by substandard medical practices.

The Florida parents of a baby girl who suffers from cerebral palsy have filed suit against Lakeland Regional Medical Center and Central Florida Health Care. They claim that their baby's birth injuries were caused by medical errors made at Florida health care facilities in 2005.

Florida birth injury lawyers may consult to families whose infants have been injured during delivery due to medical error or medical negligence.

Neurological conditions such as cerebral palsy and Erbs palsy may be caused by injuries that occur to the infant during a difficult vaginal birth. The mother in this case stated that conditions surrounding her pregnancy and the baby's distress warranted an emergency Cesarean section, however her baby was delivered vaginally. The baby girl in this case has brain injury and cerebral palsy. According to news reports, the Florida medical lawsuit states that the health care provider did not respond quickly enough to provide mother and child with a safe C-section delivery and failed to provide sufficient information about the mother's condition to the attending doctor, among other complaints.

A shoulder dystocia is another type of emergency birthing situation where the baby's shoulder becomes "stuck" inside the mother's vaginal canal. If the physician uses excessive force to free the shoulder and extract the child, serious injury to both mother and newborn baby can occur.

LRMC and Health Care Organization at Center of Malpractice Lawsuit
The Ledger Jan. 29, 2011

Related Florida Birth Injury Attorney Article:

Neurological Injuries to Newborns -- Common Causes