April 2011 Archives

April 29, 2011

CYCLIST DIES AFTER SUSTAINING HEAD INJURIES

Winfred Howell, a 65 year old cyclist died in Delray Community Hospital on Monday.

Mr. Howell suffered head injuries while crossing eastbound State Road 441, about 500 feet north of Lake Worth Road, when Mr. Howell's bike struck a 2002 Hyundai driven by Iris Smith.

As reported by the Sun Sentinel, a witness traveling right behind the Hyundai told traffic investigators that Howell's bike came out from between two cars in the center lane and drove into the right front side of the Hyundai.

Howell was thrown from the bike and he landed in the center lane, according to the witness.

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April 27, 2011

A Sad Day in South Florida; Jim Mandich loses fight with Cancer

In a blog that has nothing to do with Medical Malpractice, car accidents or bicycle accidents. I woke up this morning, read the paper and found out that Jim Mandich, former Miami Dolphin player and broadcaster had died from his long battle with bile duct cancer. I then turned on the radio to the Joe Rose show, and as I listened to Joe Rose, I shed a tear as I heard the pain in Joe Roses voice, and I thought back to my growing up listening to Jim Mandich on the radio.

I found it was odd that I was shedding a tear,crying, for a person I had only met one time., yet it was as if I had lost a good friend.

Jim was someone I listened to on the radio daily. He was a kind, entertaining person who truly cared about the people of Miami, and always made his listeners smile.

The Miami Dolphins started a charity bicycle ride last year to raise money for cancer research, and hopefully the fundraising effort will continue.

As a son who lost his father to Lung Cancer, my thoughts are with Jim's sons.

April 26, 2011

North Dakota bans texting while driving

Governor Jack Dalrymple of North Dakota has just signed a law banning texting behind the wheel. Thanks to Governor Dalrymple and leaders in the state legislature, North Dakota today joins 30 other states, Guam and the District of Columbia in taking this important step toward safer driving.

Watch a video on the dangers of distracted driving at fastlane.dot.gov

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April 25, 2011

GOVERNOR SCOTT WANTS TO SHRINK CITIZENS INSURANCE COMPANY

Governor Rick Scott wants to sharply curtail the amount of business that state-backed Citizens Property Insurance Corp. could write.

The Sarasota Herald Tribune reported Scott is pushing to eliminate Citizens within four years. The newspaper reported that in a February meeting with industry lobbyists, Scott's staff sought to force Citizen customers back into the private market - making many property owners turn to the surplus lines market, where rates are unchecked and policies are not backed by a state guarantee.

Citizens serves 1.3 million Floridians, with more than half of those policyholders in Miami-Dade, Broward, Palm Beach and Pinellas counties.

State Farm spokesman Chris Neal said Monday it would be impossible to eliminate Citizens. "They have 1.3 million customers," Neal said. "Where would they go?"


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April 25, 2011

TWO PEOPLE KILLED IN NAPLES ROLLOVER ACCIDENT

2 people died and another 4 were injured in a 1 car accident.

Randall Landry, 43, of Naples, was driving his truck with five passengers in it Saturday night when he tried to do a doughnut in an empty lot. The truck started rotating clockwise and overturned.

As reported by the Sun Sentinel, Landry and fellow passenger, Jose Castillo, 28, were thrown from the car and pinned underneath. Both died at the scene. Neither Landry, nor his passengers were wearing their seatbelts.

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April 16, 2011

A Tale of Two Insurance Adjusters

The ultimate resolution of a personal Injury claim is mostly controlled by the Insurance adjuster. It is true that sometimes Plaintiff's may have unrealistic expectations, but more often than not, the problem lies with the insurance adjuster. As a Miami Personal Injury Lawyer, this brings me to my contrasting experiences this week.

The first case involves my client who was involved in a bicycle accident on Miami Beach. The investigating police officer cited my client for running a stop sign, and thus crashing his bicycle into the side of a car. The police office failed to mention that the car had a flashing yellow light at the intersection, and that the car failed to yield. Some insurance companies (Allstate, State Farm, and United Automobile to name a few) will generally deny liability under these circumstances. However, this particular case involved Liberty Mutual Insurance Company and a very savvy insurance adjuster who understood that her insured was probably 50% responsible for causing this accident and that in light of my clients injuries-(Head injury, cervical disc herniation, and scapula fracture) this case should be settled for policy limits of $100,000. Rather than expose her insured to an excess judgement we settled the case on Friday for policy limits.

Case number 2, involves my client who stepped off a median and was struck by car. My client suffered a broken leg, underwent surgery and was hospitalized. Again, the police officer indicated my client was at fault for stepping off the median and causing the accident. The police officer failed to mention the fact that the car was speeding and had ample time to avoid the accident. The driver of the car was insured with State Farm, and the driver had a minimal insurance policy of $10,000.00. The adjuster refused to tender the insurance policy, and has now exposed their insured to an excess judgement.

Insurance Companies owe their insured's an obligation to act in Good Faith, and to settle claims when, under all the circumstances, it could and should have done so, had it acted fairly and honestly toward its insured and with due regard for her or his interests. However, many Insurance companies simply ignore this basic principle of Insurance Law, and will expose their insured's to lawsuits and excess judgments.

When shopping for car insurance it's not about the commercials we see on television, but about actual protection. Like a good neighbor State Farm is rarely there.

April 14, 2011

Lebron James' Mother Sued For Negligence and Assault and Battery

Rockfeller Sorel, the parking valet who was slapped by LeBron James' mother filed a lawsuit seeking damages for negligence and assault and battery.

Sorel is claiming he suffered emotional distress, humiliation, mental anguish, medical expenses, the loss of the ability to earn money, and the loss of capacity for enjoyment of life.

As reported by the Sun Sentinel, Sorel hasn't returned to his job as a parking valet at the Fontainebleau and per his attorney, "his future is unclear there."

Lawyers for Gloria James responded with a statement.

"On behalf of Ms. Gloria James, we do not comment on pending legal matters,'' said attorneys Christopher G. Lyons and Sandy Becher. "Therefore, we will not have any comment regarding the civil lawsuit, which was filed yesterday."

While Sorel claims he was assaulted, the blurred black-and-white video doesn't quite portray Sorel as a passive victim.


The confrontation unfolded April 7th, shortly before 5 a.m. When police arrived, they found Gloria James and several witnesses who, they said, confirmed that the slap happened.

Sorel told police that he waited with the SUV for 30 minutes while James chatted with friends. He gave the key to the cashier and James reportedly began yelling profanities. In the initial police report and in an interview with Sorel, there was no mention of racial profanities.

James and her unidentified companion told police she and the valet had a "minor verbal altercation" and then they "got up on each other's faces."

Police arrested Gloria James on charges of battery and public intoxication. She was released to Miami Heat executive Steve Stowe with a promise to appear.

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April 13, 2011

Study Finds Drop In Hospital Infections

An aggressive four-year effort to reduce the spread of deadly bacterial infections at veterans' hospitals is showing impressive results and may have broad implications at medical centers across the country.

As published in the New York Times, The Veterans Affairs strategy employs a "bundle" of measures that include screening all patients with nasal swabs, isolating those who test positive for MRSA, requiring that staff treating those patients wear gloves and gowns and take other contact precautions and encouraging rigorous hand washing. The results may not be easily replicated in the private sector, but they are likely to step up pressure by further undercutting the notion, prevalent at many hospitals not long ago, that infections are an unavoidable cost of doing business

The study of 153 Veterans Affairs hospitals nationwide found a 62 percent drop in the rate of infections caused by methicillin-resistant Staphylococcus aureus, or MRSA, in intensive care units over a 32-month period. There was a 45 percent drop in MRSA prevalence in other hospital wards, like surgical and rehabilitation units.

But a second large study of intensive care cases, also published Wednesday, raises doubts about whether a key component of the veterans' approach -- the testing of every patient upon admission and discharge -- is necessary or cost-effective. Taken together, the studies are likely to stoke a raging debate among infection control specialists about the wisdom of universal testing, which can be expensive and time-consuming for hospitals.

The studies were published in tandem in The New England Journal of Medicine one day after the Obama administration announced a new initiative aimed at preventing hospital infections and other medical errors. With a goal of reducing preventable conditions by 40 percent over three years, the Department of Health and Human Services plans to spend up to $1 billion made available by the 2010 health care law to improve patient safety at hospitals and avoid costly readmissions.

A study published last year found that the incidence of MRSA in hospitals in nine cities dropped by 28 percent between 2005 and 2008.

But the Centers for Disease Control and Prevention in Atlanta still estimates that one of every 20 patients will acquire an infection while hospitalized. Using data from 2002, the agency concluded that hospital infections were associated with 99,000 deaths and costs of $28 billion to $34 billion a year.

The quantification of the human toll, and the cost to state and federal health programs like Medicaid and Medicare, has spurred governments to attack the problem.

Reimbursements to hospitals may now be docked when patients develop infections or require readmission for infections and other errors. Many states mandate public reporting of hospital infection rates and other quality measures. Ten states require that patients be tested for antibiotic-resistant bacteria like MRSA upon admission to intensive care units, where the threat of infection is typically highest.

It has long been clear that patients and health care workers pass the germs to one another, and that diligent hand hygiene and other precautions can significantly reduce the risk of transmission. But compliance with guidelines has been uneven at best.

The study of intensive care units released Wednesday, for instance, found that health care workers wore gloves only 82 percent of the time when such precautions were specified, donned gowns only 77 percent of the time and washed their hands after only 69 percent of patient contacts. The lead author, Dr. W. Charles Huskins of the Mayo Clinic in Rochester, Minn., noted that those numbers were "not woefully bad," as previous studies had found hand-washing compliance to be as low as 50 percent.

The study, of 9,000 cases in 2005 and 2006, was the first exploration of the question in a randomized controlled trial, the gold standard of epidemiological research.

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April 3, 2011

Disabled Vehicle Leads to Death on I-95

Lukeson Lemorin, a 15-year-old boy was struck and killed on Friday while helping to push a disabled car off Interstate 95 and into the median.

As reported by the Sun Sentinel, Lukeson Lemorin was a passenger in the car that stalled in the northbound lanes of I-95 just south of Hallandale Beach Boulevard, the FHP said.

He was one of three people trying to push the stalled vehicle out of harm's way when a 2009 Ford Taurus, driven by Robert Ferguson, 35, of Hollywood, tried to pass them on the left side of the disabled vehicle, troopers said.

Lemorin was hit by Ferguson's car and he died at the scene.

April 3, 2011

Traffic Fatalities In America Fall in 2010

The number of traffic fatalities in 2010 fell to the lowest levels since 1949.

As reported by The Department of Transportation this drop comes despite a sharp increase in the number of miles Americans drove last year - 21 billion additional miles. In addition, the rate of road fatalities in the U.S. has also dropped to its lowest level since 1949. Over the last five years, traffic deaths have declined by 25 percent.

This is thanks to the combined efforts of DOT, states, law enforcement, safety organizations, and America's drivers who are taking personal responsibility for their driving habits. Overall, in 2010, the number of deaths fell three percent to 32,788. And the rate of fatalities per million miles traveled fell to 1.09 from 1.13 in 2009.


Our National Highway Traffic Safety Administration has worked tirelessly to improve vehicle safety on several fronts:
Urging automakers to swiftly and voluntarily report safety defects.
Encouraging crash-prevention technologies like electronic stability control, forward collision warning, and lane departure warning systems.
Unveiling an updated 5-star rating system with more rigorous crash-test standards and improved consumer information about which cars perform best in collisions.


The NHTSA will continue successful enforcement efforts like Click It Or Ticket, Over The Limit Under Arrest, and our distracted driving initiative, Phone in One Hand Ticket In The Other.

Public education efforts like the distracted driving website, and the heartbreaking stories in "Faces of Distracted Driving" video series have also helped.

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