South Florida Personal Injury Lawyers

At one point during an on-air water-drinking contest, a listener who identified herself as a nurse called in to warn the disc jockeys that the stunt could be fatal, a wrongful death lawsuit filed by a contestant’s family claims.The family of 28-year-old Jennifer Lea Strange, a mother of three, sued Thursday. Strange died Jan. 12, just hours after drinking as much as two gallons of water in the on-air promotion to win a video game console.

“Yeah, we’re aware of that,” one of the DJs responded to the caller’s warning, according to the lawsuit.

Another DJ said with laugh: “Yeah, they signed releases, so we’re not responsible. We’re OK.”

The lawsuit claims Strange never signed a liability waiver. Instead, the form merely granted the station permission to use the contestants’ names and photos for promotions, said the family’s attorney, Roger Dreyer.

“I guarantee you if there was a waiver of liability they would have produced it,” Dreyer said at a news conference.

After ingesting the water, Strange complained to disc jockeys that her head hurt and noted that her belly was so swollen she looked pregnant, according to the lawsuit.

At that point, the DJs and others at the station should have stopped the contest and summoned medical help, Dreyer said.

Instead, “The talent verbally chastised and otherwise coerced her, exhorting her to remain in the contest by threatening that she would be disqualified if she ‘puked,’” the lawsuit says.

The lawsuit, filed in Sacramento County Superior Court, claims the DJs on the “Morning Rave” program on KDND-FM knew of the potential dangers of drinking too much water, yet went ahead with the contest anyway.

“The talent admitted during the broadcast that they should have done more research once various participants, including (Strange), began to report medical symptoms,” it said. “Such conduct was despicable and so vile, base or contemptible that it would be looked down upon and despised by reasonable people.”

Strange was one of about 18 contestants who tried to win a Nintendo Wii gaming console by seeing how much water they could drink without going to the bathroom. The DJs called the contest “Hold your Wee for a Wii.”

The Sacramento-area station fired 10 employees after Strange’s death.

The lawsuit names as defendants KDND’s parent company, Entercom/Sacramento, as well as employees and managers who organized, promoted and participated in the contest.

The radio station would not comment directly about Thursday’s lawsuit, Entercom spokesman Charles Sipkins said.

“We reiterate our deepest sympathies and condolences to the Strange family, but we do not comment on pending litigation,” he said.

Sipkins said he did not know whether the DJs jockeys had retained their own attorneys.

After several hours of drinking water, Strange relented and accepted the second-place prize, tickets to a Justin Timberlake concert. Her mother, Nina Hulst, found her dead several hours later at the family’s home in Rancho Cordova, a Sacramento suburb.

“I want nobody else to have to suffer the pain that our family is suffering,” Hulst said at the news conference.

The Federal Communications Commission has joined the investigation into Strange’s death at the request of the family’s attorneys, spokesman Clyde Ensslin said. He said FCC Chairman Kevin Martin was “troubled” by the information in the letter.

If it finds wrongdoing, the FCC could fine the station or deny its license renewal application.

The Cleveland Clinic settled a lawsuit filed by the family of a woman who died seven years after a surgeon left a rolled-up towel inside her chest.The confidential agreement with Bonnie Valle’s family came Thursday, almost two weeks into a jury trial in Cleveland.

Also Thursday, Judge Nancy Margaret Russo dismissed claims against Valle’s Canton-based doctor, Jeffrey Miller.

Valle had surgery for emphysema at the Cleveland Clinic in 1995 and died at age 60 in 2002. She donated her body to the Northeastern Ohio Universities College of Medicine in Rootstown, where a dissection revealed a green surgical cloth the size of a large hand towel in her left lung.

Her family sued in 2004, claiming that because Valle’s doctors never found the towel, she suffered serious complications, incurred medical expenses and died.

“She always said, `On the left side it feels like there’s something there. It felt like something moved,’” Valle’s daughter, Jeanne Clark, said in 2004.

Clinic attorneys disagreed that the towel affected Valle’s health.

In a letter to the medical school, Miller wrote that he did not think the towel affected the length or quality of Valle’s life.

“She lived seven years … which is certainly as well as one would have expected her to survive given her severe emphysema and poor pulmonary function and overall condition,” Miller wrote.

The radio station disc jockeys who hosted an on-air water-drinking contest knew drinking too much water quickly could be fatal but dismissed the concerns with juvenile jokes, according to a wrongful death lawsuit filed by the family of a contestant.Jennifer Lea Strange, a mother of three, died Jan. 12 hours after drinking as much as two gallons of water in the on-air promotion to win a video game console.

“The talent admitted during the broadcast that they should have done more research once various participants, including (Strange), began to report medical symptoms,” according to the lawsuit filed Thursday in Sacramento County Superior Court. “Such conduct was despicable and so vile, base or contemptible that it would be looked down upon and despised by reasonable people.”

Strange, 28, was one of about 18 contestants who tried to win a Nintendo Wii gaming console by seeing how much water they could drink without going to the bathroom. The disc jockeys on KDND-FM’s “Morning Rave” program called the contest “Hold your Wee for a Wii.”

The Sacramento-area station fired 10 employees after Strange’s death.

The lawsuit names as defendants KDND’s parent company, Entercom/Sacramento, and the on-air talent who hosted the contest, as well as employees and managers who organized, promoted and participated in the contest.

Strange was interviewed several hours into the program, saying she looked pregnant because her belly was swollen with water and complaining that her head hurt. “This is what it feels like when you’re drowning,” one of the disc jockeys said.

At one point, a listener who identified herself as a nurse called in to warn the disc jockeys that the stunt could be fatal, according to an audio tape of the broadcast.

“Yeah, we’re aware of that,” one of them responded.

Another DJ laughed: “Yeah, they signed releases, so we’re not responsible. We’re OK.”

The lawsuit claims that Strange never signed a liability waiver. Instead, the form merely granted the station permission to use the contest in its promotional materials, said the family’s attorney, Roger Dreyer.

The radio station would not comment directly about Thursday’s lawsuit, Entercom spokesman Charles Sipkins said.

“We reiterate our deepest sympathies and condolences to the Strange family, but we do not comment on pending litigation,” he said.

The lawsuit seeks unspecified medical, legal, burial and funeral costs. It also seeks punitive damages for the loss of companionship for Strange’s husband, William, and the children, who are 11 months, 3 and 11 years old.

Also Thursday, a spokesman for the Federal Communications Commission, said the agency has joined the investigation into Strange’s death at the request of the family. The family’s lawyers have asked that KDND be taken off the air.

Like most California radio stations, KDND’s broadcasting license expired Dec. 1, 2005. The station’s renewal application is still pending, according to FCC records. The FCC could fine the station or deny its application for renewal if it finds wrongdoing.

On June 5, 2004, plaintiff Ronald King, 63, a construction project manager, was shopping at a PetSmart store in McKinney. He was attempting to pull a bag of cat litter from a shelf when his fingers slipped off the bag. Backward momentum caused him to step back onto a wooden pallet. His foot lodged between slats of the pallet, and he fell backwards, breaking both bones of his lower leg.King sued PetSmart and PetSmart Inc., Phoenix, alleging negligence under a theory of premises liability in that the pallet, which had some items in it, was being used for stocking but left unattended and there was no warning of the threat of unreasonable risk of harm.The defense contended that the pallet did not pose an unreasonable risk of harm.

On June 5, 2004, plaintiff Ronald King, 63, a construction project manager, was shopping at a PetSmart store in McKinney. He was attempting to pull a bag of cat litter from a shelf when his fingers slipped off the bag. Backward momentum caused him to step back onto a wooden pallet. His foot lodged between slats of the pallet, and he fell backwards, breaking both bones of his lower leg. King sued PetSmart and PetSmart Inc., Phoenix, alleging negligence under a theory of premises liability in that the pallet, which had some items in it, was being used for stocking but left unattended and there was no warning of the threat of unreasonable risk of harm.The defense contended that the pallet did not pose an unreasonable risk of harm.

The jury found that PetSmart was 100% at fault and awarded plaintiff $300,000.

The family of a man who died as result of an industrial explosion filed a wrongful death lawsuit Tuesday, seeking more than $10,000 for medical and burial costs, mental pain and anguish and punitive damages.

The wife, mother and four children of Carmen Wayne Rivers filed the suit in Garfield County District Court, alleging ADM Milling, the manufacturer of a vacuum conveyor system and Kelvin Woods and Wayne McZegle were responsible for a Jan. 24, 2005, explosion at the plant that killed Wayne Rivers.

Rivers was hospitalized for 23 days before he died from the injuries he suffered in the explosion, according to the suit.

An October 2005 Occupational Safety and Health Administration report said the deadly blast at ADM Milling was caused by three flour hoses that were not properly bonded to a vacuum conveyor system.

ADM was fined $1,625 for violations that led to the explosion.

The suit uses wording from the OSHA report to explain the cause of the explosion. Sparks in the system ignited flour dust, which then caused the explosion.

The suit also claims the defendants had “sufficient knowledge to be substantially certain that an explosion would occur” because “numerous employees” had complained to management of the dangers of the vacuum conveyor system.

The suit seeks more than $10,000, plus interest, for the cost of the suit and other relief the court may “deem just and proper.”

District Judge Ronald Franklin has been assigned to the case.

Calls to ADM were not answered Tuesday afternoon. A message left with the Rivers family was not returned Tuesday evening.

Researchers reported that the use of antidepressants doubled the risk of bone fractures in older patients. This raises new concerns about the safety of the widely used drugs.

The study, which appears in Archives of Internal Medicine , found that about 10 percent of people who are over 50 years old and take antidepressants daily fractured at least one bone in the span of five years. For people the same age who didn’t take antidepressants, the rate of bone fractures was about five percent.

What Should I do if I’m Taking Antidepressants?

The researchers concluded that patients should know the risk, but they should not necessarily stop taking the drugs simply to avoid a bone fracture.

Dr. Michael Bliziotes, from the Oregon Health & Science University said that these patients should get plenty of calcium, and exercise often to keep their bones healthy.

He also said there is a chance that there may be something about depression that weakens bones, so the medication might not be the sole cause.

“What this study points to is a need for heightened surveillance of these people,” said Bliziotes.

The Study

The study, conducted by researchers from Montreal’s McGill University, looked at antidepressants belonging to the class of selective serotonin reuptake inhibitors (SSRIs). This class includes drugs like Prozac and Zoloft. Sales of drugs of this class came to almost $11 billion in 2004, the report said.

The study found that the drugs increased the chance of a fracture in two ways: by increasing the likelihood of fainting, and by lowering bone density in the spine and hip.

The study’s author, Dr. David Goltzman, said the falls were likely caused by decreased blood pressure or fainting spells, which are both known side effects of these drugs.

The study accounted for the increase in falls, and the decrease in bone density, and still determined that the drugs doubled the risk of bone fractures.

On Feb. 13, 1999, plaintiff Rupert Natoo, 46, a roofing company’s foreman, worked at John Adams High School, in Queens. Natoo fell 10 feet from an unsecured ladder that he had leaned against a wall. He struck his head and sustained a traumatic brain injury.Natoo sued the building’s owners, the city of New York and the New York City Board of Education; the construction project’s manager, the New York City School Construction Authority; and the project’s general contractor, Santa Fe Construction Corp. He alleged that the defendants violated the labor law.Plaintiffs’ counsel claimed that the incident stemmed from an elevation-related hazard, as defined by Labor Law § 240(1), and that Natoo was not provided the proper, safe equipment that is a requirement of the statute. He moved for summary judgment of liability, and the motion was granted. The trial addressed damages.

There was an indemnity agreement between Santa Fe Construction and the remaining defendants, so Santa Fe Construction’s carrier took over defense for all parties at the trial.

Natoo sustained a traumatic brain injury that caused moderate brain damage. He was diagnosed with dementia and organic mood disorder. Additionally, damage to the frontal and temporal lobes of his brain led to a psychiatric diagnosis of depression with bipolar features, loss of impulse control, violent behavior and disorganized thinking.

Natoo claimed that he is unable to work or care for himself, that he requires 24-hour supervision, and that he suffers a diminution of his attention, concentration, memory and cognitive ability.

Natoo’s wife contended that she must help care for her husband and perform many of his household duties. She claimed that his mood and personality changes have affected their relationship and his relationship with their children and friends.

Mr. Natoo sought recovery of his past medical expenses, his past and future loss of earnings, and damages for his past and future pain and suffering. His wife sought recovery of damages for her loss of services.

Defense counsel argued that Natoo was malingering and exaggerating his symptomatology, claiming that Natoo was able to testify coherently in a deposition for this case and in a deposition for an unrelated motor-vehicle-accident case. He claimed that Natoo displayed an intact memory with no cognitive deficits in both depositions.

Evidence indicated that Natoo failed a number of malingering tests given by neuropsychologists. The tests revealed that Natoo was not using his best efforts during the testing and that he intentionally answered questions incorrectly. Defense counsel argued that Natoo did this for the secondary gain of increasing his injuries for this suit. He maintained that Natoo was able to give a coherent recorded statement to the insurance company in the automobile-accident case. He further argued that Natoo and his wife gave inconsistent histories to doctors who examined Natoo for workers’ compensation and Social Security disability benefits by failing to disclose that Natoo had returned to work for more than one year following the accident in an effort to convince them that he was unable to work.

Defense counsel presented Natoo’s former supervisor. He testified that Natoo worked in exactly the same capacity after the accident and was able to supervise men in the same manner as before. During cross-examination, the supervisor testified that he did not know why Natoo stopped working, but that he believed that Natoo stopped working because of back problems. Because the supervisor was unaware of Natoo’s condition, Natoo’s counsel argued that his testimony was unreliable.

In response, plaintiffs’ counsel presented Natoo’s wife, two children, three lifelong friends, and a co-worker to testify about his change in personality, loss of friends, loss of interest in hobbies, altered family relationships, and inability to work in the same manner after the accident.

Natoo’s expert neuropsychologist testified that personality changes were common with brain-injured individuals. He maintained that he believed that Natoo intentionally failed the malingering tests, not for secondary gain, but because of severe psychiatric adjustment disorder that placed Natoo in a regressed, childlike state and caused him to fail because of his belief that he had to perform poorly to be consistent with his childlike state. He also testified that Natoo’s depositions revealed instances of memory lapses, unresponsive answers, and misunderstanding of questions due to organic brain damage. He also pointed to instances in which Natoo “confabulated” or made fabricated details about the incident to fill-in memory gaps.

Natoo’s treating psychiatrist testified that Natoo intentionally failed the malingering test because of organic bipolar disease, which commonly makes people oppositional. He testified that in this case, it caused Natoo to refuse to participate and to become defiant for no rational reason.

Natoo claimed that an MRI of his bra
in taken four months after the accident, which was originally read as “normal,” was misread. Prior to trial, Natoo’s expert neuroradiologist read the film and identified damage to Natoo’s frontal and temporal lobes. A professor of neuroanatomy from Columbia University School of Medicine, Dr. John Martin, testified that damage in the frontal and temporal lobes was related to Natoo’s mood disorders and behavioral deficits.

Two therapists from Natoo’s day treatment center testified about Natoo’s childlike temper tantrums, jealousies, inability to perform math except for addition, and bouts of depression over not being able to work and provide for his family.

The jury found that the plaintiffs’ damages totaled $11,078,184. Santa Fe Construction’s insurer is liable for the entire amount of the verdict.

An Indonesian airline will give families US $55,000 for each of the 96 passengers on a jetliner that crashed into the sea on New Year’s Day, an airline official said Tuesday.The Adam Air Boeing 737 fell off radars halfway through a two-hour flight from the main island of Java to Sulawesi island. The pilot was forced to twice change course because of rough weather, but the cause of the crash is not yet clear.

No mayday was issued and the flight data recorders have not yet been recovered, investigators say.

“We are waiting for relatives of the passengers to submit all the necessary data and information,” said Adam Air spokesman Ali Leonardi. “We’ll deliver the money as soon as we can after that.”

Relatives will receive US $55,000 for each Flight KI-574 passenger, he said. Families of crew members will also be compensated, he added, without providing any details.

The plane crashed into the Makassar Strait on Jan. 1, but while sections of the tail, food trays, life vests, pieces of tire and small parts of fuselage have been found, no bodies have been recovered.

In December 2001 plaintiff Jennifer Auston, 40s, underwent gastric bypass surgery and loss 220 pounds. In June 2002, at Chilton Memorial Hospital in Wayne, Auston underwent brachioplasty surgery. This surgery is commonly known as an “arm lift” to remove excess arm skin, which Auston had as a result of the surgery. The surgery was performed by Allan Wasserstrum. During the surgery Auston claimed Wasserstrum cut off too much skin, resulting in scarring.Auston sued Wasserstrum for medical practice in performing the surgery.Plaintiffs’ counsel claimed Wasserstrum removed too much skin from Auston’s left arm. It took 40 square inches to close the gap in Auston’s skin.

William Wolkstein, plaintiff’s expert in plastic surgery opined that Wasserstrum did not properly perform the surgery. Wasserstrum drew the surgical lines free hand, instead of using a ruler.

Plaintiffs’ counsel claimed that when Wasserstrum realized he cut too much away from Auston’s arm he went back in a garbage receptacle and retrieved the excess skin. The receptacle wasn’t sterile and thus caused Auston to get gangrene within a week of the surgery.

Rocco Tutela, defense expert in plastic surgery opined that the surgery was properly done, and Auston’s injuries were an unfortunate outcome. Picking the excess skin graft out of the garbage did not harm Auston as the receptacle was clean.

Auston claimed as a result of the surgery she suffered keloid scarring and nerve damage to her left arm. She had around 20 spinal injections to stop the pain and had a spinal cord stimulator implanted with a battery pack in her left buttocks to deal with the pain.

Auston claimed the pain is constant and there are no future surgeries that can relieve her suffering. She also has hypersensitivity in the area of the scarring. Auston stated she is afflicted with reflex sympathetic dystrophy which causes pain, swelling and stiffness.

Auston claimed that as a result of the surgery she lost three months wages as a claims processor for Aetna. In 2004 she left Aetna and took a lower paying job at a hospital.

Auston’s husband James sought damages for the loss of his wife’s companionship and services as a result of her injuries.

Defense counsel doubted the severity of Auston’s injuries. He pointed out that she appeared to be in fine health throughout the duration of the trial. Defense counsel also pointed out that Auston didn’t inform Wasserstrum that she was seeing a pain management specialist during her post operative care.

The jury found Wasserstrum negligent and awarded the plaintiffs a total of $2.177 million.

Sharper Image has settled a class-action lawsuit with 3.2 million buyers of its Ionic Breeze air purifier.

Machines will be tested to ensure they meet industry standards concerning the toxin ozone, advertisements will be changed and anyone who bought the product after May 6, 1999, will get $19 in merchandise credit, according to the San Francisco-based company.

If all members of the class use the merchandise credit, it could cost the company $60.8 million. Sharper Image will also pay $1.88 million to the plaintiff’s lawyers, it said. The company’s total assets were $306.4 million as of April 30, according to its most recent audited financial statements.

The lawsuit claimed that the devices don’t clean the air and may produce unhealthy levels of ozone. In its ads, the company claimed the product attracted dust and other indoor air pollutants onto an electrified plate.

Sharper Image includes a filter on new Ionic Breeze devices to convert ozone produced into oxygen, according to a statement on the company’s website. Under the settlement, the filters will be available at a reduced cost to people whose machines lack them.

Patrick Linehan, a Sharper Image spokesman, said the company couldn’t comment on the settlement until it received final court approval.