South Florida Personal Injury Lawyers

A Fulton County, Ga., State Court jury on Friday awarded a 4-year-old boy and his mother $2.3 million in damages from an injury the boy suffered during a circumcision when he was an infant.

The jury awarded $1.8 million to the boy and $500,000 to the mother, whose name the Fulton County Daily Report is not reporting to protect her son’s privacy.

The jury did not find the hospital, Tenet South Fulton Medical Center, negligent. It laid the blame on two doctors, Haiba Sonyika, the obstetrician who performed the circumcision, and Cheryl J. Kendall, the pediatrician who treated the child later.

Represented by David J. Llewellyn of Johnson & Ward and Craig T. Jones, for the plaintiffs convinced the jury that Sonyika cut off a portion of the boy’s penis in the circumcision — a part that could have been re-attached if the pediatrician, Kendall, had acted quickly enough to come to the boy’s aid.

Kendall’s attorneys, Roger E. Harris and Shannon C. Shipley of Owen, Gleaton, Egan, Jones & Sweeney, are “evaluating appeal options,” according to Harris. “We believe the verdict against Dr. Kendall was unjustified and not supported by the evidence against her,” Harris said. “We believe there were errors in the case.”

Sonyika’s attorney, criminal defense lawyer Tony L. Axam of Axam & Adams, was unavailable for comment. An assistant said he was in court.

Daniel J. Huff of Huff Powell & Bailey, who with colleague Camille N. Jarman successfully represented the hospital, said the damages levied against the doctors were “much higher than we expected it to be.”

Huff and Jarman were able to persuade the jury to find the hospital not liable by asserting that the doctor who performed the circumcision was not an agent of South Fulton Medical Center but was working on-call for a group of obstetricians.

Llewellyn, who has been representing victims of wrongful circumcision and genital injury since 1995, said the verdict was the largest he has ever won, though “I asked for $5 million,” he said.

Llewellyn and Jones asserted that the child’s injuries will result in permanent disfigurement and also possible medical problems that may require surgery. They asked for damages to pay for psychological counseling in the amount awarded to the mother — $500,000. The bulk of the damages, $1.8 million, was based on a per-day formula for the child’s life expectancy.

Repeating his remarks to the jury during the two-week trial before Judge Diane E. Bessen, Llewellyn said, “From the time he realizes the difference until the time he sinks into the grave, there will not be a day, an hour or probably a minute that he does not think about his deformity.”

Jones said lawyers for the defendants struck men from the jury, which wound up with 11 women. “The strategy of the defense side was that men would be more sensitive to a penis injury. My experience has been that men aren’t as sensitive about anything,” Jones said. “I figured if you have one man on the jury, he can explain to the women — if they don’t know — how important a penis is to a man’s self-image.”

Authorities in Ohio said a man has been charged with drunken driving after crashing his motorized bar stool.

Police in Newark, 30 miles east of Columbus, said when they responded to a report of a crash with injuries on March 4, they found a man who had wrecked a bar stool powered by a deconstructed lawn mower.

Twenty-eight-year Kile Wygle was hospitalized for minor injuries. Police said he was charged with operating a vehicle while intoxicated after he told an officer at the hospital that he had consumed 15 beers. Wygle told police his motorized bar stool can go up to 38 mph.

Wygle has pleaded not guilty and has requested a jury trial.

One man was killed and another critically injured Tuesday morning after their car skidded through the median along I-595, rolled down an embankment, landing in a U-turn lane leading to State Road 84.

Both men were ejected from the car. The single-vehicle crash happened in Davie just after 4 a.m. as the car was traveling westbound along I-595.

Investigators still don’t know what caused the driver to lose control and hit the median. Troopers said they are waiting for toxicology results to determine if alcohol played a role in the wreck.

When the sun sets on South Florida, they come out to play.

“It, like, keeps you on the edge,” said Alex Nuñez.

“For the thrill, for the joy,” said Bob Stacks

They’re the “Downtown Saturday Night Crew” – a motley crew – whipping and winding down concrete slopes of any given Miami parking garage on any given night.

“It’s an adrenaline rush,” said Marisa Nuñez.

It is an underground network connected by skateboards – long boards, to be specific.

But their meetings aren’t so furtive. They’re becoming a YouTube sensation. And they shoot the video themselves.

These skaters know, though, that there’s a fine line between what’s legal and what’s not when they skate in parking garages.

The night Local 10’s Janine Stanwood caught up with the group, they were skating in a garage at Florida International University. The structure is on public property but police said the skaters could still get slapped with a ticket.

“If somebody were to get hurt, or if these individuals were to hit somebody walking to their vehicle, they’re not doing anything wrong until an accident occurs,” said police officer Jeffrey Giordano.

But the skaters said they always move if they are asked to leave an area.

“For the buildings, it’s hard to differentiate individuals that are just in it for speed and the ones that are skateboarding and defacing the property,” Giordano said.

“It’s not that we’re jumping on handrails. We’re not destroying park benches. We’re going down parking garages,” Stacks said.

And they’ll keep on rolling. Just for the thrill.

A strange and impressive sight currently greets drivers zooming over the Vincent Thomas span bridge across the sprawling California ports of Los Angeles and Long Beach: Thousands of imported cars — about 245 acres to be precise,  parked in a huge lot amid the port’s heavy industrial machinery that are testament to a glut in car inventories as consumers cut back spending in a slowing economy. But what do all those cars parked in America’s busiest port complex mean for both carmakers and the consumer? Should a prospective car buyer expect major deals to come their way soon? And what should they know about a new car that has sat on a lot for too long? We take a look.

Both domestic and international carmakers have seen a precipitous drop in sales in the last couple months and a concurrent rise in their inventories, or stock of unsold cars. And as dealer lots fill up across the country, increasingly carmakers are finding their supplies are backing up while waiting export to the U.S. and at the entry point to the country. Both Mercedes and Toyota, the two biggest importers through the L.A. area, have requested more acreage for their parked cars and trucks, says Art Wong at the port of Long Beach.

He says that Mercedes and Toyota currently lease temporary space to store their cars before they are shipped to dealers across the nation: Toyota has 160 acres and has requested another 50 acres, while Mercedes leases 20 acres and has requested 15 more. Wong adds: “Typically the cars here are gone in a week and another shipment comes in, but in the last couple months maybe only a trickle are leaving. Basically when the financial crisis hit in September, within a month or so the cars started to back up.” Wong says that while imports into the U.S. as a whole have dropped significantly since September, in many cases registering month-on-month declines of more than 20 percent, the drop in demand for big-ticket items such as cars has been even more noticeable.

Kristopher Hanson, ports reporter for the Long Beach Press Telegram newspaper, tells AOL Autos that the L.A. county ports complex “usually will accept about 20 car carriers [ships] every month.” In November, 21 such ships unloaded their cargo at the ports complex, but that number dropped to 15 in December, then fell to eight in January, and most recently fell to just 2 in February, Hanson says, quoting figures from the Marine Exchange of Southern California. He says L.A.-area ports usually have capacity to store about 2,000 cars but says car companies also are leasing storage space at small local airports and many other sites. He also says there is a backlog of cars awaiting export to the U.S. Thousands, he says, are parked on container ships still at sea.

Many carmakers therefore are cutting production, slashing prices and adding more incentives in a bid to reduce their inventory. Toyota has told its suppliers it will scale back global production by 12 percent in the next year to its lowest level in seven years, and has pledged to eliminate its inventory glut by June this year. Ford, meanwhile, says it has reduced U.S. production by as much as 38 percent in the second quarter of 2009.

Zoe Zeigler at Toyota cites figures that show the Japanese company’s car inventory has grown to a 91.6 day supply of vehicles in February 2009 from 49.1 in February 2008, but points out that like-for-like comparisons can be difficult when such a steep drop in vehicle sales occurs. She adds: “With the market contracting substantially over the past year, [Toyota has] taken appropriate steps to adjust production and right-size our inventory to meet current market demand. We’re starting to see the results of these efforts, and, while still higher than optimal levels, we’ve managed to reduce our dealer stock by more than 45,000 units (or roughly 15 percent) over the last 90 days.” Mercedes, Honda and Ford did not offer comment.

GM does not release public figures on days’ supply of its cars, but says that it has cut production of its vehicles in the last year and has managed to “significantly lower” its inventory. At the end of February, John MacDonald at GM says the company’s inventory in February “was down 160,000 vehicles compared with a year ago, and down 20,000 vehicles on January.” He says that GM “dramatically cut” production for the first quarter of 2009, aiming to produce 380,000 vehicles, or down 50 percent on a year ago. McDonald says GM’s second-quarter production forecast is down 34% on a year ago, with 550,000 vehicles planned for production. Ford and Honda did not offer comment.

Overall in February, U.S. car sales dipped 37 percent to their lowest levels in 27 years. GM reported its February auto sales dropped by 53 percent, while its fleet sales slid by more than 70 percent. Ford’s light-vehicles sales slowed by 48 percent, while SUV sales were down 71 percent. Toyota, meanwhile, reported a 37 percent drop in February sales. And overall car-sales forecasts remain murky and could even get worse. J.D. Power & Associates this week said “a high degree of uncertainty and risk remains for the second half of 2009.”

Meanwhile, average incentives climbed almost 16 percent year-on-year in February to reach nearly 20 percent of the sticker price of a new car. Chrysler spent a record $5,566 on average to sell each of its cars in February, according to Edmunds.com, an increase of 30 percent from January and an almost 60 percent jump from a year earlier. The average discount for all automakers was $2,914, a rise of about 15 percent (GM offered average incentives of $3,584 in February; Ford $3,430; Nissan $2,509; Toyota $1,744; Honda $1,249). Which all adds up to a good deal for customers looking to buy a new car. Long Beach Chrysler Jeep, for example, is offering thousands off the sticker price of its range of Chrysler 300s, Jeep Cherokees and Patriots and offering extended warranties and 0 percent financing as an added incentive on many of its models, a common situation at dealers across Southern California and nationwide.

But what should a prospective buyer know about a car that has been sitting unused on a lot for a sustained period? Is there a danger of fuel degradation, or a weakening, say, of drive belts if a car has been parked too long without being driven? And how can a consumer tell if a car is a long-time lot dweller?

Ken Lavacot, of 2carpros.com, says cars that sit on a lot for too long can develop a variety of problems a consumer should look out for. He recommends checking the battery for leakage, and says that hoses and other componentry including belts and intake books that are vulnerable to “natural decomposure” should also be checked. A full fuel system flush should also be undertaken to clean out “bad fuel that can gum up and clog the injectors,” and Lavacot also recommends a full replacement of air, oil and cabin filters, and engine oil and coolant.

Michael Royce, a former car salesman who runs the site BeatTheCarSalesman.com, says a flat battery can indicate a car has been parked for a good while. “In my experience, the most common problem with new cars sitting on the lot a long time is that their batteries tend to die and have to be recharged. So if you choose a particular car to test drive and the salesman suddenly discovers that the engine won’t start when he turns the key, you can probably assume that the vehicle been sitting on the dealership lot a long time.”

On Aug. 4, 2005, plaintiff’s decedent Francis Keller, 21, had his four wisdom teeth extracted by oral surgeon Dr. George W. Flugrad. Keller had angioedema, a genetic immunity disorder that put him at severe risk for swelling if he incurred trauma to his hands or face. When Francis woke up on the morning following the oral surgery, he began to have trouble breathing when his throat swelled in a reaction to the surgery. Over the course of 15 minutes, he suffocated to death in front of his mother, Helen Keller, and sister, Marirose Keller.

In late July 2005 Francis Keller had visited Dr. John S. Madaras because of pain in his gums. After examination, Madaras told Keller he needed his teeth cleaned and his wisdom teeth removed, and recommended a number of oral surgeons, including Flugrad, to perform the procedure. When Keller returned days later for the cleaning, he told the dental hygienist about his angioedema and she deferred cleaning his teeth and contacted the staff of Dr. Richard Goldstein, who advised the hygienist that Keller couldn’t have any dental work until he came to see Dr. Goldstein first. Keller then visited Flugrad for wisdom teeth removal and there was disagreement between the parties over whether Madaras informed Flugrad of the angioedema prior to the surgery.

On behalf of her son’s estate, Helen Keller sued Flugrad and his practice for medical malpractice. The lawsuit also named as defendants Madaras and his dental practice and Goldstein and his dental practice. Settlement was reached with Dr. Goldstein prior to trial for the sum of $250,000.

Plaintiff’s counsel claimed that Flugrad had been forewarned of the patient’s immunity disorder, understood the ramifications that presented to the oral surgery and did not obtain proper medical clearance to proceed in the face of the risk. Counsel argued Madaras was liable for having referred Keller to Flugrad without properly informing both the patient and Flugrad of the risks that the patient’s immunity disorder presented. And in regards to Goldstein, counsel claimed that he should have referred Keller to an immunologist and that both he and his practice should have been clearer with Keller about the risks of oral surgery.

Counsel for Flugrad and Madaras both argued that Keller was comparatively negligent, as he had been well advised of the risks of surgery. Counsel for Flugrad also contended that Keller claimed he had been cleared for surgery.

Counsel for Flugrad also claimed that Madaras telephoned him during the evening of Aug. 4 and they discussed Keller, but Madaras never mentioned that Keller’s physician had not given him medical clearance for dental surgery. Counsel also argued that Keller claimed he had been cleared for surgery.

Madaras admitted to speaking to Flugrad on the telephone on Aug. 4, but claimed there was no discussion about Keller, rather that the call was simply to wish Flugrad well on a two-week vacation he was commencing on Aug. 5.

The jury determined that Flugrad’s malpractice was the proximate cause of decedent’s death and exonerated Dr. Madaras of any negligence. The jury returned a damage award of $10.2 million.

Before trial Dr. Madaras had entered into a high/low agreement of $1 million/$350,000, and so Madaras contributed $350,000 to the decedent after the verdict.

Estate of Francis Keller

$200,000 Wrongful Death: wrongful death

$10,000,000 Wrongful Death: pain and suffering

A deadly boating accident involving two NFL players and two of their friends was caused by not properly anchoring the vessel in the water, an investigation by the Florida Fish and Wildlife Conservation Commission concludes.

In a report released Friday, the agency says that after the men were unable to retrieve the stuck anchor, Oakland Raiders linebacker Marquis Cooper tried using the boat’s motor to throttle forward in hopes of freeing the anchor and heading back to shore.

Instead, the 21-foot vessel capsized, throwing all four overboard.

Besides Cooper, also on board were free-agent NFL defensive lineman Corey Smith, and former University of South Florida players William Bleakley and Nick Schuyler.

Schuyler was the lone survivor. The others’ bodies have not yet been found.

If you live near Fort Lauderdale-Hollywood International Airport, you may hear some additional noise above you head this week.

For the next week, the north runway is being shut down at night for maintenance work. Flights will be diverted to the crosswind runway between midnight and 5:30 a.m.

The closures will allow workers to perform routine maintenance which includes rubber removal, repainting of the runway and repairs to the runway lighting system.

Residents living in northeast Dania Beach and southwest Fort Lauderdale may hear an increase in aircraft traffic over their communities.

Officials are investigating claims that Chinese-made drywall is posing health risks to thousands of American consumers. According to the Consumer Product Safety Commission, investigations are currently underway in several Florida homes. To date, the Florida Health Department has received more than 140 complaints of the Chinese-made drywall emitting smelly, corrosive gases that have caused illnesses and damage to hundreds of homes.

Chinese Drywall May Pose Health Risks

The Florida Health Department is investigating the drywall for health risks; however, according to several attorneys, Florida is not the only state to be affected. Several defective Chinese drywall lawsuits are already underway, claiming the defective drywall has caused problems in Florida, Louisiana and Alabama, and potentially thousands of other homes across the U.S.

Affected individuals are complaining of health problems, including:

• Headaches
• Sore throats
• Dizziness

In addition to the health risks associated with the defective drywall, affected families are also complaining of damages to their homes including destruction of air conditioning units and other major household systems and electronics.

Defective Drywall Contaminated with Toxic Sulfur

According to reports, the drywall allegedly contains toxic levels of sulfur, which omits a gas that smells like rotten eggs and results in the corrosion of pipes and wires.

Defective Drywall May Affect 50,000 Homes

According to reports, the claims surrounding the defective drywall involve homes that were either built or renovated in 2005 or 2006 following the destruction of Hurricane Katrina. According to reports, post-hurricane reconstruction lead to a shortage of drywall and other building materials, forcing homebuilders to turn to Chinese imports.

Based on reports collected by Michael Foreman, head of construction consulting from Foreman & Associates in Sarasota, Florida, he estimates that that in 2006 and the first couple months of 2007, the U.S. imported enough Chinese drywall to build 50,000 2,000 square-foot homes. Of the imported drywall, Florida reportedly took in enough to build 30,000 homes that size. The import records from 2004 and 2005 have not yet been released, says Foreman.

Defective Drywall Class Actions Lawsuits

Class action lawsuits involving the Chinese-made drywall are already underway. Two attorneys who have filed defective drywall class action lawsuits have stated that the shipping records show that thousands of American homes, mainly in Florida, could potentially contain the defective drywall.

Class Action Filed in Alabama

Mitchell Co., an Alabama-based homebuilder filed a class action lawsuit alleging that 42 houses it built contained the Chinese defective drywall. Of the contaminated houses, 32 were built in Alabama and eight in Florida. This is not the only class action of its kind.

The class actions and individual lawsuits are seeking compensation for affected families. They are seeking out compensation for medical and reconstruction expenses.

On Nov. 5, 2003, plaintiff Felipe Vargas, age and occupation not given, was arrested and charged with child molestation in the first degree and second degree and indecent liberties by Grant County after his girlfriend’s daughters accused Vargas of touching them in a “sexually motivated way” while living at his girlfriend’s house in Quincy.

Soon after making the accusation, one of the girls admitted she and her sister made up the story. She told her mother, family friends, the prosecuting attorney’s victim-witness coordinator and the Quincy police.

Vargas alleged that the county and its first public defender, Thomas Earl, denied him the right to effective counsel. He was then held in county jail for seven months. During his time in jail, Vargas never met with Earl outside the courtroom.

Vargas sued Grant County and Earl for violation of his civil rights. The county settled with the plaintiff for $250,000 prior to trial.

Plaintiff’s counsel argued that Earl had a duty to communicate with Vargas and explain his legal options to the extent necessary to permit him to make informed decisions about the representation.

The defense denied the allegations, asserting that Earl acted in accordance to his job as a public defender.

Vargas, while in jail, lost his job at a food-processing facility. He sought $507,00 for violation of his civil rights and $1.58 million in punitive damages.

The jury found for Vargas on his claim against Earl for the amount of $3,012,500.

Felipe Vargas

$2,250,000 Personal Injury: Punitive Exemplary Damages

$762,500 Personal Injury: compensatory damages