September 2011 Archives

September 30, 2011

SUV Crashes Into Group of Miami Bike Patrol Officers

As a Bicycle Accident Attorney I have repeatedly said that bicycle accidents in MIami are far too common. On Thursday morning a group of Miami Police Officers learned first hand just how dangerous it can be to ride in MIami when a woman in a black SUV plowed into a line of cops on bikes Thursday morning, injuring three officers.

As reported by The Miami Herald, the Miami officers were part of a group in a bicycle certification program and were headed south on 27th Avenue when Teresa Quintanilla, 56, driving a Honda CRV crashed into the bike formation.

She hit three officers, including Renee Beaudry, 44, who was lifted onto the hood of Quintanilla's vehicle and smashed the windshield on impact. Also injured were Richard Diaz, 41, and Miguel Mercado, 47.

Diaz was discharged Thursday but Beaudry and Mercado were still hospitalized in stable condition late Thursday, Reyes said.

The police were training as part of a week-long course for the bicycle squad, and there's an officer in a patrol car who stays ahead of the pack and stops traffic when the cops need to cross streets-a luxury other cyclist in Florida do not enjoy.

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September 28, 2011

Attorney Mark Alexander Kaire named to Multi Million Dollar Advocates Forum

The Million Dollar Advocates Forum is pleased to announce that MIami Personal Injury attorney Mark Alexander Kaire of Miami, Florida has been certified as a member of the Multi Million Dollar Advocates Forum. Mr. Kaire is presently a Life Member of the Million Dollar Advocates Forum, one of the most prestigious groups for trial lawyers in the United States. Membership in the Million Dollar Advocates Forum is limited to attorneys who have won million and multi-million dollar verdicts, awards and settlements. The organization was founded in 1983 and there are approximately 4000 members located throughout the country. Fewer than 1% of U.S. lawyers are members. Forum membership acknowledges excellence in advocacy, and provides members with a national network of experienced colleagues for professional referral and information exchange in major cases. Members of the Million Dollar Advocates Forum must have acted as principal counsel in at lease one case in which their client has received a verdict, award or settlement in the amount of one Million dollars or more. Members of the Multi-Million Dollar Advocates Forum must be Life Members of The Million Dollar Advocates Forum and must have acted as principal counsel in a case which resulted in a multi-million dollar verdict, award or settlement. Mr. Kaire is a member of both the Million Dollar Advocates Forum and the Multi-Million Dollar Advocates Forum. Mark Alexander Kaire is a graduate of University of Miami School of Law and specializes in Medical Malpractice and personal injury.

September 26, 2011

Paralyzed Rugby Player donates $20,000 and Keeps Trying To Move Ahead

An excellent story by Jay Weaver at The Miami Herald.

"Woody" Beckham had played football and lacrosse at Gulliver Prep, so the rock-solid youth knew he was tough enough to play rugby when his friends encouraged him to join Florida Atlantic University's intramural team.
His first game, however, would be his last.
"This 300-pound guy was running with the ball right at my head," Beckham, 22, said, recalling FAU's game in late January against the University of Miami on the Coral Gables campus.
"When I tackled him, I knew immediately my neck was broken because I lost all feeling in my body."
On Monday, he may have been sitting in a wheelchair -- paralyzed from the chest down -- but the blond, blue-eyed Beckham moved a roomful of relatives, friends and therapists to smiles and tears at the Jackson Rehabilitation Hospital, where he spent a couple of months after his rugby injury.
With his father, Bill, at his side, James "Woody" Beckham celebrated the family's donation of $20,000 to the rehab hospital -- money raised from a summer tournament to reduce the population of Lionfish, an invasive species, in the Bahamas. The donation will go toward new therapeutic equipment to help thousands of patients like Beckham adapt to everyday life.
"Everyone in this room has helped me out in a huge way," said Beckham, of Coral Gables. "I can't thank all of you enough."
Since his spinal cord injury on Jan. 29, Beckham has spent much of his life at Jackson Memorial Hospital, starting with surgery by Dr. Michael Wang. After his operation, he was eventually moved to the rehab hospital, where occupational therapist Janet Dallas and recreational therapist Kelly Messett helped strengthen his fine motor skills so he could balance himself, eat food and take care of personal hygiene.
"I've regained a lot of strength in my hands and fingers," said Beckham, who now attends therapy sessions three times a week, while living at home with his parents and taking night classes at Miami-Dade College.
He has drawn inspiration not only from the rehab facility, but also from its community outings. Among the activities: Learning to operate his wheelchair, riding the Metro Rail and, best of all, swimming with dolphins.
Beckham said he was so grateful for what the therapists taught him that he wanted to give something back. So he teamed up with his longtime family friend, David Mills, a senior at Gulliver Pre in Pinecrest, to develop the Longfish fund-raising project.
As it were, Mills had already been working on the event as a community service project. But after he learned of Beckham's spinal cord injury, the two friends joined forces with Beckham's father and other supporters to stage the Lionfish Bash at the Bimini Sands Resort & Marina in July.
"After Woody's injury, it gave me a reason and that much more motivation to do it," Mills said.
He said the participants in the tournament used fishing spears -- without guns -- to kill 300 of the invasive species, which destroy coral reefs.
The event raised $20,000 for Beckham's nonprofit group, the Woody Foundation. It donated half of the money to the rehab hospital to buy: hand-cycle machines, neuro-stem devices, iPads and aquatic equipment, among other gifts.
The hospital can use the other half of the money for miscellaneous services.
"This is what Woody wanted to do for us," said Messett, who, by coincidence, is also a graduate of Gulliver Prep. "We can spread the money around for our entire team to help all of the patients."
Beckham's father, Bill, said Jackson has been a godsend his son, who has gone from "laying on his back" to "balancing himself in his wheelchair" to "attending night classes at Miami-Dade College."
"It's all about adapting to life again," said his father.
As he continues his therapy, Beckham said his goal is to obtain an accounting or finance degree from FAU or Florida International Univesity.
Said Beckham: "I'm trying to move ahead and do the best I can do."


September 26, 2011

Jury Returns $1.57 Million Verdict In Car Accident Case


This car accident verdict highlights the importance of Uninsured Motorist Benefits.

In 2009 Hugo Araque was involved in a car accident with a teenage driver. Hugo injured his back, and the teenage driver's insurance company paid their bodily injury liability limits of $10,000.00. Thankfully, Hugo had purchased an Uninsured motorist policy with USAA insurance company. Uninsured motorist coverage provides protection to the insured in the event he/she is involved in an accident that results in bodily injury, and the tortfeasor(person who caused the accident) either does not have any bodily injury liability insurance or does not have sufficient insurance to compensate the insured.

In this particular case, Mr. Arague alleged that his back injuries worsened after the crash and exceeded the $10,000.00 paid by the tortfeasor's insurance company. Accordingly, he demanded that USAA pay their policy of $200,000.00. USAA refused to do so.

As reported by The Daily Business Review, Harlan Gladstein, the insurance company's lawyer argued Mr. Arque's pre-existing back injuries were sustained during military service.

Jurors assessed the husband's medical expenses and lost earnings at $1.43 million, far beyond the $200,000 benefit. Jurors awarded him another $72,000 for pain and suffering and $73,000 to his wife.

"This was a runaway verdict," Gladstein said.

A bad faith lawsuit will follow to attempt to collect on the full judgment.

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September 24, 2011

Forklift Accidents Caused By Improperly Secured Trailer

Forklift accidents are common and often deadly. To that end, an estimated 100 workers are killed, and 20,000 injured each year in forklift-related accidents.

Employees are often injured or killed when forklifts:

Drive off loading docks
Fall between docks and an unsecured trailer
Tip over
Drop loads
Strike employees working nearby

As a Miami Personal Injury Lawyer, I have scene a large increase in the amount of accidents caused when forklifts enter or exit tractor trailers and the truck moves forward . Consequently,the forklift and operator fall off the the loading dock, causing serious injury to the worker.

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September 10, 2011

Medical Malpractice Jury Verdict of $4.5 Million for Wrongful Birth

Bryan Santana was born without arms and with only one leg. On Friday a Palm Beach County Jury awarded Bryan's parents $4.5 million to help them buy prostheses, wheelchairs and other medical services experts say he will need to live any semblance of a normal life.

This lawsuit touches on a very controversial topic and was brought under Florida's wrongful birth statute. Florida is one of about 25 states that allow parents to sue on behalf of children with disabilities, claiming they wouldn't have had the child had they known the extent of the child's disability.

The jury found that Dr. Marie Morel and an ultrasound technician fell below the standard of care by negligently administering a sonogram. But for their negligence, they would have discovered the abnormalities, and had Ana Mejia and Rodolfo Santana known about the abnormalities, they would have terminated the pregnancy.

As reported by the Sun Sentinel, jurors were appalled that the technician and Morel reported seeing four limbs on the second ultrasound Mejia received. When questioned, technician Tamara McClain couldn't explain why she noted that in the report Morel signed.

Because of this lawsuit, the office has changed its protocol. In accordance with national standards, it identifies each limb.

The $4.5 million is half the $9 million an expert said the couple will need to assure Bryan is cared for throughout his estimated 70-year life.

Juror Rebecca Long said the jury wanted to send a message that the care Mejia received was unacceptable, and that she was glad to hear of the change. "There's no reason this should have happened," she said.

The clinic wasn't the only one to miss Bryan's abnormalities. St. Mary's Medical Center failed to detect them on three ultrasounds it administered. It reached a confidential settlement with Mejia and Santana.

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September 5, 2011

Interesting Medical Malpractice Statistics

A recent study published in The New England Journal Of Medicine sought to establish the
proportion of physicians who faced a medical malpractice claim in a year according to specialty.

The article suggests a significant variation across specialties in the probability of facing a claim, ranging annually from 19.1% in neurosurgery, 18.9% in thoracic-cardiovascular surgery, and 15.3% in general surgery to 5.2% in family medicine, 3.1% in pediatrics, and 2.6% in psychiatry. The study also sought to link payment amounts to specialties and found that Specialties that were most likely to face indemnity claims were often not those with the highest average payments. For example, the average payment for neurosurgeons ($344,811) was less than the average payment for pathologists ($383,509) or for pediatricians ($520,924), even though neurosurgeons were several times more likely to face a claim in a year.

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September 3, 2011

Hospital Error Statistics Are Alarming

Common sense tells us that hospitals are where the sick go to get better. However, the following statistics on Hospital Malpractice indicate that Hospitals are where the sick go to get worse.

The Hazards of Hospitals
Created by: Medical Billing and Coding

When you think about the above statistics they are truly startling.

1. You are 33,000 times more likely to die from a Hospital Error than a plane crash.

2. An alarming 1 in 5 Hospitalized patients suffer from Medical Errors.

3. 1.7 Million infections are contracted in the hospital each year, and 99,000 people die per year from infections.

4. 7,000 patients are killed by medication errors every year

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