Miami Injury Lawyer Blog

Published on: February 1, 2013

Miami-Dade Nursing Home at the Center of State Controversy to Close its Pediatric Unit

Golden Glades Nursing & Rehabilitation Center, a Miami Gardens nursing home, will close its 60-bed children’s unit after years of harsh criticism. The facility stands at the center of a bitter dispute over Florida’s system of care for extremely sick and disabled children. In recent years, it has been linked to the deaths of two young, severely disabled children in as many years, and a $300,000 federal fine as a result of one of those deaths.

Last year Golden Glades Nursing & Rehabilitation Center housed thirty children, although it currently only houses nineteen children. The nursing home is one of six licensed in Florida to care for children. Since June, it has sought to streamline the transfer of children back into their private homes. The facility donated a special bed with protective netting to one family, to protect their son from falling out of bed or injuring himself, as he suffers from frequent spasms and movements. It is also raising private funds to build a wheelchair ramp. Social workers and administrators at the facility have been collaborating with Florida’s Agency for Health Care Administration (ACHA) to give parents and other caregivers who had children at the facility transfer options as the facility prepares to close its doors. Parents of fifteen of the children currently living at the facility have chosen to transfer their children to other residential pediatric care facilities.

The U.S. Department of Justice has accused the state of cutting funds too deeply that go to in-home care for frail children. Parent are often left with “no choice but to institutionalize their loved ones.” Gwen Wurm, the head of the medical foster care program for Jackson Health Systems denounced the Golden Glades Nursing and Rehabilitation Center’s approach since it has decided to close the facility. She stated that “[t]hey should have . . . met with every parent and every family to come up with an array of services that made it possible to allow more of those children to be in a home.” Dr. Durell Peaden Jr. agreed and further stated that Florida needs to “redesign” its system of care for these children.

Under fire, Miami-Dade nursing home closing its pediatric unit, www.miamiherald.com January 31, 2013

Published on: January 31, 2013

State Senator Seeks to Put an End to Texting and Driving in Florida

by Friedland | Carmona

State Senator Maria Sachs of Delray Beach vows that the Florida legislature will put an end to texting and talking on cellphones while driving. Sachs believes the bill outlawing the use of cellphones while driving will receive support from Democrats and Republicans alike in the upcoming spring session. “I don’t know anybody who could oppose this, to stop the slaughter that’s going on our highways,” Sachs stated.

If you are driving 70 mph down the highway and you send or receive a text, you are likely to spend more than four seconds not giving your full attention to the roadway. This means that you have traveled more than the length of a football field practically blind. Over 100,000 crashes are caused each year nationwide because of cellphone use while driving. In 2011, over 3,000 people died nationally due to this fatal form of distracted driving. According to the National Highway Traffic Safety Administration, texting while driving causes a 23% increase in the likelihood of a crash.

The Florida Sheriff’s Association is one of the groups that support the bill. Broward Sheriff Scott Israel attended a presentation with Sachs at the Broward College’s Institute of Public Safety in Davie that demonstrated the effects of distracted driving. Sheriff Israel stated that this bill is “relevant, it’s important, and as sure as we’re standing here it’s going to save lives.” The bill would outlaw use of anything but a hands-free device while driving, and a first offense would result in a $100 fine, with higher penalties for additional offenses. Florida is one of just six states remaining that do not have laws banning cellphone use while driving.

Senator seeks to ban texting while driving, www.sun-sentinel.com January 31, 2013

Published on: January 30, 2013

Hit-and-Run Accident on South Beach Leaves One Dead

by Friedland | Carmona

Early Monday morning three lives intersected, leading to the death of one and the arrest of another, after a tragic hit-and-run accident in Miami Beach. It was before dawn when 49-year-old Stefano Riccioletti began his walk to work. He was the executive chef at Terrazza at Shore Club. Karlie Tomica, 20, was headed home after a night on the town and Jairo Fuentes was headed to the gym for his morning workout.

At around 6 a.m. Fuentes was driving north on Collins Avenue. It was at this time that he witnessed Riccioletti get hit by Tomica’s vehicle and go flying into the air. Fuentes dialed 911 and then proceeded to follow Tomica’s car. Tomica tried to lose Fuentes several times as he yelled for her to stop. Her erratic driving led Fuentes to believe that she had been drinking. Eventually Tomica stopped and exited her vehicle. Tomica refused to speak with Fuentes. Fuentes observed a broken passenger window and blood on the side of the car.

Riccioletti died from the impact. Tomica was arrested for DUI and leaving the scene of an accident at her apartment, which was not far from the accident scene. She was taken to Miami-Dade County jail and later released on bond. Since then, Tomica has kept a low profile, avoiding reporters and social media.

3 lives intersect in tragedy on a South Beach street, www.miamiherald.com January 30, 2013

Published on: January 29, 2013

First of Many Hip Joint Replacement Cases Goes to Trial

by Friedland | Carmona

Friday a jury in Los Angeles heard opening statements in a fraud and negligence lawsuit that alleges Johnson & Johnson knowingly marketed a false hip implant that left thousands with severe complications or in need of replacement surgery. The all-metal ball-and-socket hip joint was pulled from the market two years ago, but thousands of cases similar to the California suit currently exist all over the United States. This lawsuit is the first of these cases to reach trial.

Plaintiff Loren Kransky sought hip replacement to relieve arthritic pain. He received the Johnson & Johnson hip implant in 2007, but has had it replaced since then. Kransky was left with metal in his hip socket after it flaked off of the implant. These pieces of metal were causing a form of metal poisoning that could have killed Kransky if they were not removed. A lawyer for Johnson & Johnson’s subsidiary, DePuy Orthopedics, Inc., which manufactured the hip implant, pointed to Kransky’s pre-existing medical conditions as the cause of his health decay. According to the lawyer, Kransky suffered from sixteen major diseases, including cancer and diabetes. The lawyer argued that the hip implant did not make him worse and removing it did not make him better.

The metal hip implant was meant to serve as an improvement on ceramic and plastic implants. It was sold to 35,000 people in the United States and over 90,000 people worldwide for a period of eight years. In 2009, Johnson and Johnson stopped making the metal hip implant and a year later it recalled the product. Court documents reveal that the company was aware of the problem with the product as far back as 2008. A deposition with a DePuy official revealed that more than one-third of the implants were expected to fail within five years of implantation. Kransky’s attorney is requesting punitive damages to send a message to the company for failing to reveal the damaging knowledge it had about the metal hip implant.

Trial under way in LA hip joint replacement suit, www.miamiherald.com January 25, 2013

Published on: January 28, 2013

One Year After I-75 Crash, Lawsuits Pending, State Making Safety Improvements

by Friedland | Carmona

One year after one of the worst highway tragedies in Florida’s history, the state has taken some safety measures and plans to take more, while families of those injured and killed filed notice that they plan to file negligence lawsuits against the state. On January 29, 2012, the stretch of Interstate 75 that runs through Paynes Prairie Preserve State Park outside of Gainesville turned into a nightmare involving six crashes, twenty-four twisted and destroyed vehicles, eleven deaths and two dozen injuries.

The early morning traffic drove quickly on I-75, able to see for miles ahead, or so they thought. As traffic approached the Paynes Prairie area, thick fog combined with smoke from a nearby wildfire reduced visibility to near zero. That section of the highway had been closed for hours the night before, but it was reopened around 3 a.m. on January 29, due to somewhat increased visibility and local law enforcements’ fears of drivers taking unknown back roads in the darkness. Within 15 minutes after reopening the road, the devastating crashes began. Some of the vehicles on the roadway stopped as they realized they were unable to see ahead, but many behind them did not. One trucker told a Florida Highway Patrol (FHP) investigator that “I could see perfect, one second later, it’s like walking into . . . a white blanket that you can’t see nothing.” The only light on the road came from burning cars. People screamed in the darkness for help and when reporters arrived on the scene hours later destroyed automobiles were scattered all over the pavement and smoke surrounded the scene.

Last April, the Florida Department of Law Enforcement (FDLE) issued a report that primarily blamed the FHP. The report stated that the lieutenant who ordered the road reopened had no experience to qualify him for making that decision. FHP responded by stating that even if it followed all of the recommendations set forth by the FDLE, it would have likely reached the same decision. FHP shifted blame to the drivers, stating they should have been more careful when dealing with the reduced visibility conditions. Since the accident, FHP has instituted new safety measures, including choosing a watch supervisor for each troop who will be responsible for oversight of significant incidents, and training thousands of sworn Florida Turnpike Enterprise radio communications members and reserve troops on road closure procedures and protocols.

Improvements, lawsuits mark I-75 crash anniversary, www.miamiherald.com January 27, 2013

Published on: January 25, 2013

Woman Continues to Suffer Two Months After Devastating Washington Crash

by Friedland | Carmona

A Washington woman continues to suffer from the effects of a devastating car accident that occurred over two months ago. Fifty-one-year-old Terri Cantor was within minutes of arriving at work on the morning of November 15 when Johnothon Bagley, twenty-seven, crossed the center line on a residential road in Lowell, Washington and slammed head-on into Cantor’s vehicle. Cantor stated that she had no time to swerve and avoid the impact with Bagley’s vehicle. Cantor was rushed from the scene of the accident in an ambulance, bleeding heavily. She was taken from one hospital to another and was kept in the intensive care unit for five days.

Cantor suffered extensive physical injuries because of the crash, including two crushed heels, a broken leg, pelvis, and two ribs, and a dislocated thumb. She underwent ten hours of surgery to repair her heels and she has an extensive number of screws and metal drilled into her broken bones. The nerve damage in her feet is extensive, causing sensational feelings of burning and icy coldness. Currently, Cantor is confined to a wheelchair and is unable to work. Her medical bills exceed $350,000.

Bagley was driven to the police station after the accident, as police believed he was under the influence of drugs when he crashed into Cantor. He fell asleep on the way to the police station and he dozed in and out as he was questioned. His eyes were bloodshot and his eyelids were droopy. His speech was slowed and slurred. On the day of the crash, Bagley was awaiting sentencing for driving while under the influence of drugs. In August, three months before the crash, his license was suspended. After the crash, police obtained a search warrant for Bagley’s vehicle and found drug paraphernalia and narcotics. The crash investigation is coming to a close, but Bagley has yet to be charged in the incident.

Pain from crash continues for Everett woman, www.palmbeachpost.com January 24, 2013

Published on: January 24, 2013

One Dead, One Injured After One Driver Caused Fifteen Crashes in Suburban Atlanta

by Friedland | Carmona

One person is dead and another critically injured after a string of 15 crashes occurred in two suburban Atlanta counties Wednesday night. Michael O. Snider of Stone Mountain, Georgia was arrested on charges of drunken driving and vehicular homicide. The 70-year-old driver is suspected of causing five automobile crashes in Dekalb County and ten more in Gwinnett County. Police took Snider into custody after his pickup truck slammed into a restaurant near Snellville, Georgia.

The fatal crash occurred when Snider rammed a Toyota Camry from behind as the Camry was slowing to a stop. That collision pushed the Camry forward into the stopped vehicle in front of it. One of the vehicles then became lodged under a semitrailer. Police stated that Snider then went off the road, through a parking lot, and came to rest when he slammed into a restaurant.

Yeshihareg Abebe, the 51-year-old driver of the Camry, was taken to a hospital for treatment of life-threatening injuries. Mintiwab Woldeyhans, the 69-year-old passenger in the Camry, died at the scene. Snider was taken to the hospital for his injuries, but was subsequently released and taken to the Gwinnett County jail.

Police: Driver caused 15 crashes, damage, death, www.palmbeachpost.com January 24, 2013

Published on: January 23, 2013

More Red-Light Cameras May Be To Come For Fort Lauderdale Intersections

by Friedland | Carmona

Fort Lauderdale commissioners are in the process of deciding whether to place red-light cameras at an additional eight intersections throughout the city in an effort to not only catch more drivers running red lights, but also to hopefully decrease the number of automobile accidents. In 2010, the city placed red-light cameras at six intersections, and since September, it has added eleven more. According to Commissioner Romney Rogers, the cameras seem to be “preventing intersection collisions” at most of the intersections equipped with the technology.

Commissioners were presented with a proposed list of intersections that the red-light cameras would be added to in May, but they refused to approve the entire list at that time because they were not sure of the cameras’ effects. Concerns have been raised about whether the cameras have a negative impact on tourism and if they are actually reducing the number of collisions.

The Florida Department of Highway Safety and Motor Vehicles recently released a survey showing that the presence of red-light cameras actually decreased the number of rear-end and side-impact crashes at intersections. Contrary to these findings, Fort Lauderdale officials stated that the number of crashes at the original six intersections equipped with the cameras has doubled since their installation. Some commissioners are still convinced that the cameras promote safe driving and will likely vote to approve the eight additional red-light cameras. Although the additional cameras come at a hefty price of $1.6 million, the city estimates that its revenues as a result of citations that will be issued will surpass that expense.

Fort Lauderdale may add more red-light cameras, www.sun-sentinel.com January 21, 2013

Published on: January 22, 2013

Police Delay Complicates Tow Truck Death Investigation

by Friedland | Carmona

Police delay has further complicated the investigation into the death of the Associate Dean at Fort Lauderdale’s Keiser University. Last Wednesday, 39-year-old Elias Konwufine died at Broward Health Medical Center within hours of being run over by his own vehicle as a tow truck driver attempted to remove it from Konwufine’s driveway in the Sienna Green condominium complex of Lauderhill. The man’s death has now turned into a full-blown traffic homicide investigation, which may have been irreparably tainted by the police’s failure to secure the crime scene and tow truck.

There are conflicting accounts of what exactly led to Konwufine’s death, but it is clear that it began when a tow truck driver arrived at Konwufine’s residence in an attempt to remove his vehicle. His vehicle was supposedly sticking out of his driveway into the sidewalk area in violation of condominium association rules. The tow truck driver claims that Konwufine “jumped on the running board of the tow truck and was pounding on the window.” The driver claims that he saw Konwufine “get back off the truck,” but then he felt “a bump,” which is presumably when Konwufine was run over by his own vehicle. Other witnesses state that this is not an accurate depiction of what occurred that day.

As the tow truck drove away, Konwufine’s wife saw her husband laying on the sidewalk with blood coming from his forehead. An ambulance and police soon arrived. Both departed the scene at the same time, police claiming that they believed the injuries were not that serious. The police did not return to the scene until after they had learned of Konwufine’s death. Konwufine’s vehicle remains in the police impoundment lot, while the tow truck has not been seized by police. Investigations continue in the case.

Tow truck death investigation may have been complicated by police delay, say lawyers, www.sun-sentinel.com January 21, 2013

Published on: January 18, 2013

Two Separate Accidents Leave Fort Lauderdale Residents Hospitalized

by Friedland | Carmona

A1A remains one of the deadliest stretches of road in South Florida. On Wednesday night, two motorists were injured and one died in two separate crashes along A1A. In the first accident, an elderly couple was walking down South Ocean Drive around 6:30 p.m. As they attempted to cross the exit driveway of the Westin Diplomat Hotel, they were struck by a shuttle bus. The Chaputs were transported to a local hospital, where husband Lucein died and where wife Fernanda remains in critical condition. The driver of the bus, Alex Garcia, has not been charged, but Hollywood Police are still investigating the accident.

In a separate accident, cyclist William Wiener was riding his bicycle down Ocean Drive as well when he was struck by a car. The driver of the card fled the scene. Wiener was transported to Memorial Regional Hospital, where is suffering serious injuries. Police are looking for leads into this accident.

Two injured, one dead in Hollywood crashes, www.miamiherald.com January 18, 2013