| FAILURE TO INVESTIGATE CHILD ABUSE – LIABILITY OF THE
STATE OF FLORIDA |
| $35,133,132 JURY VERDICT – JUDGMENT FOR $26,849,849 |
| $18,300,000 – CLAIM BILL / RECOVERY |
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| The Amora v. State of Florida lawsuit received local, state and national
attention due to the tragedy surrounding the horrific injuries suffered
by Marissa Amora in 2001 at the hands of her natural mother's paramour.
After suspecting that Marissa was being abused, the Department of Children
and Families released her back into the abusive environment that had caused
her injuries in the past. Upon being returned to her natural mother, the
paramour inflicted abusive injuries that left her permanently brain damaged
and in need of lifetime total care. She was later adopted by Dawn and
Ric Amora, who have diligently cared for Marissa since 2001. The lawsuit
against the state agency (DCF) claimed that they had failed to complete
their investigation of abuse after suspecting that Marissa was being victimized.
The case was successfully tried to a Palm Beach County jury, resulting
in the biggest verdict ever against the agency. Later, the appellate court
upheld the judgment. Since the State of Florida is not required to pay
anything more than $100,000, the claim had to be presented to the state
legislature for any additional monies. The 2008 legislative session approved
a claim bill that will pay a total of $18,300,000; the largest claim bill
against DCF for a single injured person. The efforts of the firm will
provide Marissa with the funds that are needed for her lifetime care.
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| AUTOMOBILE ACCIDENT – PEDESTRIAN KNOCK DOWN |
| $6.5 MILLION SETTLEMENT |
| A 48 year old blind man was struck by a Bennett Auto Parts delivery
truck while walking across University Drive in Lauderhill, Florida. The
victim was within the crosswalk, and was using his "blind man's
cane". The delivery truck operator indicated that he did not see
the victim until it was too late, and offered the excuse that the glare
of the setting sun made visibility difficult. As a result of the collision,
the victim sustained severe head injuries that caused irreversible brain
damage. He required total daily care, and had to live in an institutional
setting for his ongoing medical management. The settlement paid for all
necessary medical and custodial care, and included the purchase of an
annuity that would provide for all necessary medical and other needs for
the remainder of his lifetime. |
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| MEDICAL MALPRACTICE – POST OP MONITORING ERROR |
| $2,550,000.00 CONFIDENTIAL SETTLEMENT |
Our client was a ship's mate who developed a bleeding ulcer while
at sea. He was brought back to shore and underwent emergency surgery to
remedy the problem. He developed a bleed post-op that was not recognized
by either the surgeon or the hospital nurses, although his vital signs
and blood values indicated that there was a problem. He suffered a cardiac
arrest and brain damage due to lack of oxygen to his brain. The case was
settled prior to trial. The settlement provided for funding to pay for
the client's need for total care.
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| TRUCK NEGLIGENCE – WRONGFUL DEATH |
| $1.6 MILLION CONFIDENTIAL SETTLEMENT |
| Our client's 34 year old daughter and two minor children were run
over and killed by an 18-wheel truck. Their car was stopped along
with other vehicles on the Florida Turnpike while a vehicle was being
towed from the side of the road just ahead. The truck driver failed to
stop in time due to his inattentiveness. The firm handled only the claim
of the grandmother for the death of her daughter. The firm retained an
accident reconstruction expert to assist with the claim. The deposition
testimony of eyewitnesses, together with a careful analysis of the phiysical
evidence was sufficient to prove that the truck driver's actions were
the sole cause of the tragedy. |
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| NURSING HOME NEGLIGENCE – WRONGFUL DEATH |
| $1.2 MILLION SETTLEMENT |
| Our client’s 72 year old husband was admitted to
a large corporately owned nursing home facility located in South Florida
for rehabilitative care to his low back. In just seventeen days his kidneys
failed due to severe dehydration, urinary retention, and too much pain
medication. The kidney failure caused a decrease in mental capacity that
then resulted in an inability to swallow food safely. He went into respiratory
failure when he aspirated food into his lungs. He died 13 hours later
due to complications from the acute kidney failure. A simple blood test
would have revealed that his kidneys were not functioning. This preventable
death was due solely to the poor care received at the nursing home. |
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| DAY CARE NEGLIGENCE – LACK OF SUPERVISION |
| $1,000,000.00 SETTLEMENT |
| Our client's young son had just recently begun attending day care.
Prior to then he had displayed difficulties related to safety awareness.
The ownership and staff at the day care were told about this so that they
could be alert to his needs. The staff failed to monitor the child on
the playground, which lead to a fall off an 8 foot slide. The child sustained
head trauma that required him to be airlifted to a neighborhood hospital.
He was diagnosed with a traumatic brain injury. The claim resolved for
policy limits without the need for trial. The net recovery was used to
purchase annuities that will provide a stream of funding over the child's
entire lifetime. |
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| MEDICAL MALPRACTICE – HOSPITAL - PARAPLEGIA |
| $2,500,000.00 CONFIDENTIAL SETTLEMENT |
| Our client was an active 69 year old female that went to a Central Florida
hospital complaining of severe neck pain. She was admitted and was undergoing
extensive evaluations to determine the source of her problems. Two days
later hospital employees were charting that she was having neurological
deficits, but failed to report these critical findings to the doctors.
When the deficits were noted by the doctors the next day, she was then
diagnosed with a cervical spinal epidural abscess. The delay in diagnosis
closed a window of opportunity for surgery that would likely have cured
the problem with little residual effect. Our client is now left with irreversible
paraplegia. The hospital claimed that the findings that were charted were
not signficant, and that further, that surgery would not have made a difference.
This confidential settlement will provide our client with funding for
medical and attendant care for her lifetime. |
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| TRIP AND FALL – PREMISES LIABILITY |
| $550,000.00 SETTLEMENT |
Our 79 year old client was leaving the movies one evening at the Boynton
Beach Trail Centre, when she tripped and fell on a poorly designed area
within the parking lot. The fall caused a fractured hip and spinal compression
fracture, both of which required surgery to repair. While in rehab at
a nursing home she developed a pulmonary embolism due to her inactivity,
requiring more hospitalization. The firm retained the services of experts
in the fields of both architecture/zoning, as well as rehabilitation.
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| MEDICAL MALPRACTICE – WRONGFUL DEATH |
| $490,000 SETTLEMENT |
| Due to bumping his leg on the bedpost, our client’s husband developed
a blood clot called a deep venous thrombosis (DVT). After being diagnosed
and appropriately treated with a blood thinner during a short hospital
stay, he was discharged under the care of his primary care physician.
His primary care physician (PCP) correctly recommended the continued use
of Coumadin, a medicine used for anticoagulation therapy. In less than
two weeks, however, the client’s husband died as a result of a massive
pulmonary embolism. The PCP had only ordered one blood test in the first
two weeks of prescribing Coumadin, in violation of appropriate medical
standards. Due to insufficient monitoring, the client’s husband
did not have enough medication in his system to prevent the formation
of a fatal pulmonary embolism. We effectively established that our client’s
husband died due to the physician’s failure to order simple blood
testing. |
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| PEDESTRIAN KNOCK DOWN – WRONGFUL DEATH |
| $500,000 SETTLEMENT |
| Our client’s 16 year old daughter was tragically struck
and killed by a car going eastbound on W. Oakland Park Boulevard. Witnesses
indicated that our client’s daughter was running across the street
to catch a bus on her way to work. The driver of the car claimed that
she did not see the young girl before hitting her. The firm retained an
accident reconstruction expert who determined that the driver of the car
should have seen the young girl, and should have taken some avoidance
action that would have prevented the contact. |
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| MEDICAL MALPRACTICE – THIRD DEGREE BURNS |
| $300,000 SETTLEMENT |
| The client had been taken to a hospital emergency room for
a voluntary admission due to chronic alcoholism. While still in the emergency
room, and under the influence of alcohol, he sustained third degree burns
on his chest. The hospital personnel failed to take away his cigarette
lighter, and he caught fire while trying to light a cigarette while in
a restraining device. The claim asserted poor supervision of this client,
who was clearly incapable of making proper, decisions for his own safety.
A confidential settlement of the claim was achieved before the filing
of a lawsuit. |
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| SLIP AND FALL – PATELLA FRACTURE |
| $250,000 SETTLEMENT |
| Our client was visiting the emergency room of a hospital
late in the evening, when she slipped and fell on the sidewalk outside.
Investigation revealed there was large algae formation at the spot of
the fall that was not visible at night. The algae was caused by a depression
in the concrete sidewalk that had collected water from nearby lawn sprinklers.
The hospital failed to perform necessary maintenance to either eliminate
the algae, or fix the depression in the sidewalk. The fall caused a fracture
of the kneecap, requiring surgical care and extensive rehabilitation. |
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| MEDICAL MALPRACTICE – WRONGFUL DEATH |
| $250,000 SETTLEMENT |
| Our client’s husband underwent re-do coronary artery
by-pass surgery. In the post-operative period he breathing tube became
dislodged while in the intensive care unit. He thereafter rapidly went
downhill, resulting in his death. The firm’s medical experts were
prepared to testify in trial that the patient was in need of greater supervision,
and that there were clinical signs that required the nursing staff to
call a physician before the breathing tube was dislodged. |
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| MEDICAL MALPRACTICE – LEG AMPUTATION |
| $747,500 SETTLEMENT |
| A 49 year old single woman, refugee from Cuba, was admitted to the hospital
with severe abdominal pain. Just prior to being discharged from the hospital
she began to run a fever, and became hypotensive (drop in blood pressure).
A hospital “house physician” that had not yet become fully
licensed in this country, decided to insert a central line in the groin
region. Unfortunately, he placed the line in the femoral artery instead
of the femoral vein. When medication was then placed into the line, it
resulted in severe damage to the blood supply in the leg, requiring a
below the knee amputation. |
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| AUTOMOBILE ACCIDENT- UNINSURED MOTORIST CLAIM |
| $335,000 SETTLEMENT |
| A 78 year old woman was injured while being transported for medical
care in a courtesy van operated by C.A.C. Ramsay / United Healthcare.
The van was involved in a head-on collision with a careless motorist who
had no liability insurance coverage, The policy of insurance purchased
by C.A.C. Ramsay provided for "uninsured motorist" benefits,
These benefits were made available to the firm's client for the injuries
sustained. The collision caused a fracture of the upper arm, requiring
the placement of a metal rod, as well as a fracture of the lower leg,
requiring open reduction and internal fixation. |
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| NEGLIGENT HANDLING OF A WHEELCHAIR |
| $514,200 JURY VERDICT |
| A previously disabled 53 year old woman was being transported by a medi-van
to her oral surgeon's office for dental care. Upon arriving at the
dentist's office the personnel wheeled her up a ramp, striking the
wheelchair on the door jam. As a result, the client fell from the wheelchair,
causing an aggravation of prior injuries to her already compromised low
back. Her treating physicians testified that her condition had worsened,
but that her overall health would not permit her to undergo surgery. |
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| NEGLIGENT OPERATION OF A FORKLIFT |
| $260,000 SETTLEMENT |
| A 63 year old man was standing on a beach in Miami Beach watching the
construction of a massive stage for the performance of festivities as
a part of Carnival Miami. A forklift operator who was inattentive pinned
the victim against a chain link fence causing a near amputation of his
right ear, neck injuries and a severe fracture of his lower leg. |
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| MEDICAL MALPRACTICE – WRONGFUL DEATH |
| $750,000 SETTLEMENT |
| A 39 year old veteran was seen at the emergency room at the V.A. Hospital
in Miami due to abdominal complaints. It was determined that his large
bowel had perforated, and that he required surgery. During the surgical
procedure the operating surgeon used excessive force on the splenic flexture,
causing a rupture and bleeding within the splenic capsule. The injury
was not recognized until the spleen had burst open, causing uncontrolled
bleeding and massive blood loss. An emergency procedure was undertaken,
however, the intervention was not timely. The decedent left three minor
children. |
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| DENTAL MALPRACTICE - PERIODONTAL DISEASE |
| $150,000 SETTLEMENT |
| A 19 year old single female was diagnosed with advanced periodontal
disease. She was required to undergo surgery to replace massive bone loss,
in addition to the splinting of her teeth to preserve the remaining bone
and teeth. It was claimed that her general dentist who had managed her
dental care for the past 10 years had failed to appropriately diagnose
and treat her juvenile periodontitis condition. Further, that had the
appropriate care been given, the bone loss would have entirely preventable. |
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| MEDICAL MALPRACTICE - LIPOSUCTION |
| $500,000 SETTLEMENT |
| A 34 year old female underwent liposuction treatment by a dermatologist.
The dermatologist had attended seminars on performing liposuction, and
was able to perform the procedure according to Florida law. The procedure
resulted in massive full thickness skin loss to the lateral and rear thighs
on both legs. As a result, skin grafting was required to replace the lost
tissue. Permanent scarring to both thighs, as well as from the removal
of skin for the grafting resulted. |
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