South Florida Personal Injury Lawyers

From their respective births in 1998 and 1999, plaintiffs Tia Burnett and Lennard Burnett resided in an apartment that was located at 257 Jefferson Ave., in Brooklyn. In February 2000, Tia, Lennard and their mother moved to an apartment that was located at 339 Saratoga Ave., in Brooklyn. They resided there until July 2001. During that period, they underwent routine pediatric care that was administered by doctors of Interfaith Medical Center, in Brooklyn.Tia and Lennard were exposed to lead-based paint at both residences. Tia was born Jan. 4, 1998. Her lead levels while residing at 257 Jefferson Ave. were tested and found to be 15 mcg/dL on Jan. 5, 1999; 14 mcg/dL on Aug. 10, 1999; 18 mcg/dL on Nov. 10, 1999; and 27 mcg/dL on Dec. 14, 1999. Her lead levels while residing at 339 Saratoga Ave. were found to be 33 mcg/dL on Feb. 7, 2000; 13 mcg/dL on May 1, 2000; 18 mcg/dL on July 19, 2000; 3 mcg/dL on Dec. 14, 2000; 6 mcg/dL on March 13, 2001; and 6 mcg/dL on June 25, 2001. (Editor’s note: 10 mcg/dL is the generally accepted toxicity threshold.) Her lead levels were not tested by Interfaith Medical Center at six months or at any time prior to her one-year visit.

Lennard was born Jan 5, 1999. His lead levels while residing at 257 Jefferson Ave. were tested and found to be 8 mcg/dL on June 3 1999; 11 mcg/dL on Aug. 10, 1999; 24 mcg/dL on Nov. 10, 1999; and 24 mcg/dL on Dec. 14, 1999. His lead levels while residing at 339 Saratoga Ave. were tested and found to be 26 mcg/dL on Feb. 7, 2000; 8 mcg/dL on May 1, 2000; 13 mcg/dL on July 19, 2000; 3 mcg/dL on Dec. 14, 2000; 6 mcg/dL on March 13, 2001; and 5 mcg/dL on June 25, 2001.

The children’s mother, Jasmine Burnett, claimed that the exposure resulted in lead poisoning that produced permanent cognitive impairment.

Jasmine Burnett, acting individually and on behalf of Tia and Lennard, sued the owner and landlord of 257 Jefferson Ave., Leonora Rennie; the owner and landlord of 339 Saratoga Ave., Oswald Jeffers; and Interfaith Medical Center. Burnett alleged that Jeffers and Rennie failed to detect and abate any lead paint from their respective buildings or advise her of a possible lead-paint hazard. She further alleged that Interfaith Medical Center’s doctors failed to consistently perform risk assessments for the children’s exposure to lead paint, that the doctors failed to provide anticipatory guidance concerning the dangers of lead paint, and that their failures constituted medical malpractice.

She claimed that she complained to both landlords about lead paint while residing in their apartments. She contended that Rennie failed to abate the condition, despite an Order to Abate Nuisance of Lead issued by the New York City Department of Health. She acknowledged that Jeffers made efforts, but she contended that his efforts were not sufficient.

Prior to the trial, the plaintiffs and Rennie agreed to a $75,000 settlement. Jeffers defaulted. The matter proceeded to a trial against Interfaith Medical Center.

Plaintiffs’ counsel claimed that Interfaith Medical Center deviated from the standard of care by failing to perform a lead assessment at every well-child visit. She contended that the hospital’s records reflected that the required lead-risk assessments were not done in a timely manner and that lead-anticipatory guidance was not provided until after the infants were poisoned.

Although Tia was seen on her 6-months-of-age well-child visit, plaintiffs counsel argued that the records showed that no lead-test result was obtained. She contended that Tia was not given a prescription to have a lead test performed. At two subsequent visits for Tia, no follow-up testing or inquiry was made regarding the six-month test, and when Tia was finally tested at age 1, she was found to be lead poisoned with a lead level of 14 mcg/dL. Plaintiffs’ counsel claimed that, on the same day, which was Lennard’s first visit, the Interfaith Medical Center staff failed to note in Lennard’s records that his sibling, Tia, was poisoned. She contended that this should have been a red flag that he was at risk for lead poisoning and that anticipatory guidance should have been provided in both cases. She further claimed that Burnett was not made aware of Tia’s or Lennard’s test results at the time they were taken or given anticipatory guidance concerning lead-paint dangers.

Interfaith Medical Center claimed that it provided good care and treatment and that the children were timely tested. It argued that the notes made in its records by Dr. Nader Mishreki documented that anticipatory guidance and lead-risk assessment were discussed with Burnett for Tia starting on Oct. 13, 1998. On this date, there is a reference to “anticipatory guidance.”

As to Lennard, Interfaith argued that there was reference to “anticipatory guidance” at the first well-child visit when Lennard was 2.5 weeks old. At this visit, Lennard was also being referred for genetic counseling for multiple dark, hyperpigmented spots on his body. Interfaith contended that there were many references to anticipatory guidance for both infants throughout Tia’s chart.

Interfaith further argued that it followed New York State Department of Housing requirements and that it timely reported elevated blood levels. It maintained that the only treatment for children who have elevated blood-lead levels of less than 45 mcg/dL is education, good hand-washing, good nutrition, cleansing of all bottles and pacifiers, and the covering of any chipping paint. Interfaith claimed that chelation therapy is only necessary when the blood-lead level is confirmed at or above 45 mcg/dL. Interfaith also contended that it and the New York City Department of Housing were both involved in educating Burnett about lead-poisoning prevention and reducing the risk to her children starting in 1999, and therefore, that the hospital met the standard of care.

Interfaith’s expert pediatrician testified that Interfaith did not depart from the standards of medical care.

Burnett claimed that Tia, now 9, suffers diminution of IQ and cognitive deficits as a result of the lead exposure. Tia participates in a regular classroom, and she is required to go to a resource room daily for special assistance from a special-education teacher.

Burnett claimed that Lennard, now 8, also suffers cognitive deficits and diminution of IQ as a result of lead exposure. He is also in a regular classroom, but he has a special-education teacher present and assigned to him at all times. Burnett contended that Lennard will require ongoing occupational therapy, tutoring and special schooling.

The plaintiffs’ neuropsychological expert testified that Tia and Lennard suffer cognitive deficits consistent with lead poisoning. The children’s pediatrician testified that Tia and Lennard will require medical monitoring for the rest of their lives to gauge the consequences and risks from lead poisoning. He contended that he did not expect either child to graduate from high school.

Burnett sought recovery of the children’s future medical expenses and damages for their past and future pain and suffering. She also presented a loss-of-services claim, but that claim was withdrawn prior to the trial.

Interfaith’s expert neuropsychologist and its examining pediatric neurologist testified that Tia and Lennard did not sustain any neurological injuries. Interfaith claimed that their alleged injuries, including speech delays, difficulties in school, diminution of IQ and cognitive deficits are not related to lead poisoning and are not the result of any alleged departures from the standards of medical care.

The jury found Interfaith 60% negligent and Rennie 40% negligent. It did not assign negligence against Jeffers, who defaulted. The jury found that Tia’s damages totaled $2.47 million and that Lennard’s damages totaled $2.57 million. The offset of Rennie’s liability produced net recoveries of $1,482,000 and $1,542,000 respectively. Those amounts, combined with the pretrial settlement, total $3,099,000.

The family of a 73-year-old man who died while having a tooth pulled in 2004 has agreed to settle a lawsuit against a dentist and dental clinic for $1.135 million.

Robert Pauly of Glen Ellyn went to Glen Ellyn Family Dental Care for the procedure June 15, 2004, but after receiving intravenous sedation, he began having difficulty breathing, Jill Webb, an attorney for the Pauly family, said Tuesday in a news release.

Pauly stopped breathing, and paramedics were unable to revive him, Webb said. Pauly died in the dental chair while his wife, Eleanor, sat in the waiting room, Webb said.

In a lawsuit filed last year, Pauly’s family alleged that Dr. James Morrone failed to properly assess swelling in Pauly’s airway. The suit also contended that Morrone failed to properly monitor Pauly’s vital signs and used the wrong drug to try to resuscitate him.

Pauly died of cardiac and respiratory arrest, according to the lawsuit.

Morrone and his firm, Midwest Oral and Maxillofacial Surgery Associates, agreed to pay $900,000, and Glen Ellyn Family Dental will pay $235,000 to settle the lawsuit, according to documents filed Monday in DuPage County Circuit Court.

The defendants do not admit any wrongdoing under the settlement.

Morrone’s attorney, Anne Oldenburg of Chicago, declined to comment Tuesday on the settlement. An attorney for Glen Ellyn Family Dental could not be reached.

The state Department of Financial and Professional Regulation, which licenses dentists, is investigating the incident, spokeswoman Sue Hofer said Tuesday.

Morrone’s dental license was suspended in the early 1990s, state records show.

The state health department has fined a nursing home $80,000 after an investigation found that poor care led to the death of a 54-year-old resident.

The 2005 death involving Emmanuel Health Care Center was the third state investigators have attributed to negligent care at nursing homes owned by Pleasant Care Corp., California’s second-largest nursing home chain.

The male resident, whose name was not released, required total assistance with daily living activities and was at risk for falls, the health department reported Wednesday. He was found on the floor Aug. 15, 2005, with an injury to his forehead.

Nursing home workers did not assess his injury or notify his physician until the next day when he appeared lethargic, officials said. He was transferred to a hospital where he died two days later of “massive bilateral intracerebral hemorrhage contributory to head trauma.”

Emmanuel administrator John Malley declined to comment, saying that Pleasant Care planned to appeal the citation, the Los Angeles Times reported. Pleasant Care did not return calls to its La Canada-Flintridge corporate office seeking comment.

Last year, Pleasant Care agreed to pay more than $1.3 million to settle a lawsuit brought by former state Attorney General Bill Lockyer alleging the chain, which had 30 facilities, provided negligent care to scores of residents.

In 2003, a patient at the company’s Ukiah facility couldn’t breathe and died after a nurse was unable to provide needed aid because certain equipment wasn’t kept in working order, state officials said. A year later, a resident at its Novato facility suffered a bed sore that went untreated so long that it ultimately killed the person.

Pleasant Care filed for Chapter 11 bankruptcy in March. It had paid $675,000 to the state before filing, said Alan Robinson, the deputy attorney general supervising the case.

Robinson said the chain closed a nursing home in Napa and announced plans to auction the remaining 29.

Department of Health Services investigators have been checking the firm’s facilities daily to ensure patients are receiving proper care as the company goes through bankruptcy proceedings.

The health department itself has been scrutinized for its oversight of nursing homes.

Last year, the federal Government Accountability Office accused the state of underreporting nursing home deficiencies compared with most other states. It also said the timing of California’s inspections were too predictable.

A judge has ruled that a wrongful death lawsuit claiming that CNN’s Nancy Grace pushed the mother of a missing toddler to suicide through aggressive questioning on her cable television legal affairs show will be tried in federal court.U.S. Magistrate Judge Gary R. Jones ruled Monday that federal court would handle the lawsuit filed by Melinda Duckett’s relatives because the involved parties are from different jurisdictions, according to court documents.

The lawsuit was filed in November 2006 and names the talk show host and CNN as defendants.

Grace grilled Duckett on Grace’s CNN Headline News show in September 2006 about the disappearance of Duckett’s 2-year-old son, Trenton. Duckett fatally shot herself before the network aired the pre-taped interview.

Authorities, who have said they believe Trenton is still alive, have named Melinda Duckett as the prime suspect in his disappearance.

Attorneys involved in the case did not return phone messages left at their offices Tuesday.

A truck collided with a front-end loader and then plowed into a group of pedestrians Tuesday, killing one person and injuring seven, including the truck driver, police said.The woman who died in this Seattle suburb was pinned between the large pickup truck and a light pole, King County sheriff’s spokesman Sgt. John Urquhart said. The victim was not immediately identified.

Three of the most seriously injured were taken to Harborview Medical Center, where spokeswoman Susan Gregg-Hanson said a 33-year-old man, 20-year-old man and a 58-year-old woman were in satisfactory condition and none had life-threatening injuries.

The others’ conditions were not available.

The nonprescription drug Alli (pronounced like the noun “ally”) hit the shelves in February 2007 as the first over-the-counter diet drug approved by the U.S. Food and Drug Administration (FDA). Alli has some embarrassing side effects — frequent loose stools, and an oily discharge sometimes known as “anal discharge.” The Alli website provided by the manufacturer, Glaxo Smith Kline, warns that Alli users “may feel an urgent need to go to the bathroom” and that “it’s probably a smart idea to wear dark pants, and bring a change of clothes with you to work” until they have a grip on these unpleasant side effects.

Excess Fat Is Eliminated by the Body

These side effects of Alli are due to its fat-blocking function. Alli works by preventing the body from breaking down fat and absorbing it. The unabsorbed fat must be eliminated from the body, and an Alli user who exceeds the Glaxo-recommended limit of 15 grams of fat per meal may experience the fat elimination as an oily discharge.

An Alli capsule is taken with each meal. Each capsule has 60 milligrams of orlistat, the active ingredient of Alli and the older weight-loss drug Xenical. Alli’s orlistat blocks about 25% of the fat consumed. For example, Alli taken with a half-cup serving of ice cream that has 320 calories and 19 fat grams would block 43 calories and 4.75 fat grams. Understandably, Glaxo markets Alli as a tool that will help dieters lose more weight in concert with a sensible diet and an exercise plan, not as a stand-alone product that will allow a person to lose weight effortlessly.

Regaining the Weight after Alli

A 1999 study reported in the journal of the American Medical Association described 1,187 dieters who took either a placebo or 120 mg of orlistat (which is twice the orlistat that Alli provides). After a year, the orlistat group had lost about 50% more weight than the placebo group, but within a year after the study period with orlistat, both groups gained much of the weight back.

On Aug. 3, 2003, plaintiff Bradley Hudspeth, 16, was a guest at the gated community at Lake Quivira when he dove off the boardwalk into water that was 4.5 feet deep. He instantly broke his neck. The beach area was maintained by the community as a private swimming area.Bradley sued Quivira Inc. and Missouric Pool Management on a premises liability theory.The plaintiff’s counsel argued that the defendants were liable for the accident because they had not posted “No Diving” signs specifically where Hudspeth was, but there were signs on the boardwalk that read “No Diving Where Posted.”

Plaintiff’s counsel additionally argued that the defendants had negligently removed the signs four years prior to the incident when the boardwalk was being refurbished and were never replaced.

Plaintiff’s counsel contended that the area where he dove was used in previous years for swim meets. Hudspeth had watched swim meets there and he had seen other kids jumping into the same place in previous visits.

Plaintiffs counsel noted that two of the lifeguards on duty that day testified that they didn’t even know the depth of the water there nor did their employers required them to know.

Defense counsel contended that even if there were signs posted, Hudspeth would most likely have ignored them because he was 16.

Defense counsel contended that Hudspeth should not have dove without knowing how deep it was. And that it was so obviously dangerous any one with common sense wouldn’t do it.

Hudspeth was underwater for at least 90 seconds before his friends pulled him out. He was rushed to Overland Park Regional Hospital and underwent surgery to repair his broken neck at the C5-6 level. The surgical procedure went through his throat to get to injured area and placed cadaver bone to areas they had to chisel away. Atop of the cadaver bone they placed a metal plate and four screws into the spinal cord. He is a paraplegic.

Hudspeth stayed in the hospital for a week before he was transferred to Menorah Hospital Kansas City where he stayed for one week while waiting for a bed at Craig Hospital in Colorado. He was in Craig Hospital’s rehabilitation program for four months and came back to Kansas City and lives at home.

Hudspeth now has little to no use of his right hand and arm and his left hand can squeeze and move over his head but he can not even lift the lightest of objects.

As part of his physical therapy Hudspeth must stand up and put weight on his bones. He will never be able to walk again, but the exercise is good for bone density and to keep his bowels functioning.

Hudspeth additionally underwent psychological therapy to help adjust to the drastic change in his life.

Prior to the accident, Hudspeth was on the high school golf team and football team. He enjoyed the outdoors and had a full-time job that summer working as a plumber’s assistant and worked on weekends at a golf course picking up range balls.

A jury found Hudspeth 20% at fault for the accident, Quivira 75% at fault and Missouric was 5% at fault. It awarded $20 million which was reduced to $16 million.

Nine firefighters died in a blaze that swept through a furniture warehouse in a disaster the mayor described Tuesday as “difficult to fathom or quantify.”"Nine brave, heroic, courageous firefighters of the city of Charleston have perished fighting fire in a most courageous and fearless manner, carrying out their duties,” Charleston Mayor Joseph P. Riley said at a morning news conference. “To all of their loved ones, our heart goes out to them.”

Overnight, firefighters saluted as the bodies of their colleagues were taken from the warehouse.

Riley said the county coroner planned to disclose the names of the dead. He said the cause of the fire was under investigation.

The fire broke out about 7 p.m. Monday in the Sofa Super Store and warehouse, forcing officials to close off part of a nearby roadway.

Witnesses said the store’s roof collapsed, throwing debris over about two-dozen rescue workers. Onlookers were hit with flying ash.

“It was like a 30-foot tornado of flames,” said Mark Hilton, who was struck in his eye.

Riley said he believed all of the store’s employees escaped. At least one worker and two firefighters were taken to the hospital.

Daniel Shahid, a salesman at a nearby car dealership, said firefighters came in asking for towels.

“The next thing you know, we were carrying hoses, directing traffic, everybody from the dealership,” he said.

Shahid said he saw firefighters rescue four people from the building. “They were struggling. They were covered in black soot. They looked scared out of their minds,” Shahid said.

Riley called the missing firefighters heroes. “This is a profession that we must never take for granted,” the mayor said. “There’s a fire raging and they go toward it.”

A 13-foot (4-meter) totem pole fell over and struck a boy on the first day of Boy Scout camp, killing the 9-year-old, state police said Monday.Tyler O. Shope, of Shermans Dale, Pennsylvania, died of head and chest injuries Sunday afternoon, Perry County Coroner Michael Shalonis said.

The boy’s parents were nearby when the pole fell around 3:15 p.m., and his father helped lift it off him, Shalonis said. No one else was injured.

Campers were arriving at the Hidden Valley Boy Scout Camp near Loysville, about 25 miles (40 kilometers) northwest of Harrisburg, for a week of camping, state police said.

Camp emergency personnel arrived within minutes of the accident, but were unable to revive the boy, said Jack Carr, executive director of the Keystone Area Council of the Boy Scouts of America, which runs the camp.

A crisis team provided counseling for campers and their parents Sunday evening, and camp activities are continuing as scheduled, Carr said.

The boy was waiting outside the camp’s health lodge to have his health records reviewed at the time of the accident.

On March 1, 2003, plaintiff Laffit Pincay Jr., 56, a jockey who was then the holder of the most career victories record and billed as world’s winningest jockey, was racing a horse at Santa Anita Park. During the race, another horse clipped heels with Pincay’s mount, causing Pincay’s horse to fall and throwing Pincay to the ground, landing on his head.Two EMTs, who were stationed nearby in their ambulance, rushed to the scene. Pincay wanted to stand up to show his wife in the stands that he was okay. The EMTs helped up Pincay and walked him around to the ambulance. They then took him to the track first aid station located just outside the track, where they turned him over for further medical care and evaluation. Physician’s assistant Angel Delgadillo treated him and released him with a diagnosis of a cervical sprain.On March 5, Pincay couldn’t mount a horse due to neck pain. He went to a hospital ER to get X-rays, and a doctor diagnosed him as having a Hangman’s fracture, a broken neck that includes a fracture of an upper cervical vertebra. The X-rays confirmed the diagnosis, revealing a fracture at the C2 level.

Claiming physical injuries, Pincay sued the two EMTs’ employer, Huntington Ambulance LLC, Sunset Beach, for negligence. The Los Angeles Turf Club, track physician Melvin Coats and Delgadillo were originally included as defendants, but they settled out for a total of about $2.55 million. The Turf Club did not want to take a public position against Pincay.

Pincay claimed that, immediately after the injury, the two EMTs failed to put him in a neck brace, carry him to an ambulance on a board, and take him to a hospital for specialty care. Pincay asserted that the EMTs failed to give proper care as per their own policies and national and state policies.

Huntington disputed liability, contending that the EMTs’ treatment was up to the standard of care at all times, asserting that they could not immobilize Pincay without his consent.

Huntington got Pincay to admit that he had told the EMTs that he wanted to get up to show his wife that he was okay, and that he asked for their assistance in helping him up.

Huntington also noted that, during the four-day delay in diagnosis and treatment, Pincay made arrangements to return to riding while, among other things, getting a massage and electric stimulus to his neck.

Huntington also pointed out that the experts and treating physicians agreed that the injuries probably occurred when Pincay was thrown his mount.

Following diagnosis of cervical fracture, Pincay was placed in a halo brace for two months.

Pincay retired from horse racing as per the advice of his treating orthopedic surgeon due to the risk of re-injury, given the dangerous nature of the sport and the condition of his spine.

Pincay claimed that, if he had received proper care on the day of the accident, he would be still be riding today. He used his winnings over the previous five years to calculate his $4 million future loss of income demand to age 65.

Huntington disputed the damages, contending that all the injuries happened during the accident, prior to the time when any care was given.

Huntington orthopedic surgery expert Jacob Tauber testified that, if the diagnosis and treatment had taken place on the day of the injury, the result and outcome would have been the same.

Huntington also noted Pincay’s testimony that he had full strength and use of his arms and legs.

The jury returned a plaintiff verdict, awarding about $2.7 million.