Tampa Bay Personal Injury Lawyer - Wrongful Death

Father To Sue Over Handling of Jessica Lunsford Case

Shannon Weidemann — Wed, 27 Feb 2008 09:12:51 GMT

Jessica Lunsford was killed in 2005 by a registered sex offender living about 100 yards from her home. John Couey was convicted of killing her and has been sentanced to death. He claims he held the girl captive for days in his bedroom closet before killing her. Mark Lunsford feels the sheriff's office did not do enough to find his daughter. He is now planning to sue the Citrus County Sheriff's Office in order to force them to change their procedures.

They also said sheriff's deputies twice visited Couey's half-sister's mobile home on both Feb. 24 and Feb. 25 but failed to ask if they could search inside. They said suspicious behavior from one housemate - who was "visibly trembling" and had been peering through the blinds while law officers searched the premises - should have indicated that something inside was amiss.
"It's pretty elementary. You search the inside of these homes, or at least ask to search the inside of these houses," Gelman said.

Mark Lunsford says he is not suing for the money which would be limited to $100,000 by state law. He is just trying get the sheriff's department to admit to mishandling the case and change policies. The sheriff's department defends their handling of the case and says that Jessica was killed within hours of being kidnapped from her bedroom.

Originally posted at InjuryBoard by Shannon Weidemann

Man Dies After Riding Roller Coaster at Disney

Jenny Albano — Wed, 19 Dec 2007 19:31:58 GMT

On Tuesday, December 19 a man died after riding a roller coaster at the Walt Disney World Resort.
Jeffery Reed, 44, was unconscious at the end of the Expedition Everest ride at the Walt Disney World's Animal Kingdom.

Disney personnel provided medical assistance to Reed, and he was transported to Celebration Hospital where he was pronounced dead, Orange County Sheriff's officials said. Inspectors found no problems with the ride, Animal Kingdom's Expedition Everest, but Disney was keeping it closed pending further review.

A camera took Reed's photograph around 50 seconds before the ride ended, and according to the photo he was still conscious. The ride is listed as a "high-altitude, high-speed train adventure", and on the ride passengers are hurled forward and backwards. According to officials, Reed was bot found to have any trauma or injury.

The Sheriff's Office is continuing to investigate the cause of Reed's death. The ride is currently closed while officials reconfirm proper operation of the ride.

For more information on this subject, please refer to our section on Wrongful Death.

Originally posted at InjuryBoard by Jenny Albano

$25.8M Awarded in Wrongful Death Lawsuit Against Walgreens

Chrissie Cole — Wed, 22 Aug 2007 19:05:00 GMT

A wrongful death lawsuit filed in 2003, by the family and children of a cancer patient that died when she was given the wrong prescription, was settled Friday when the jury awarded $25.8 million.

In 2002 the woman was prescribed Warfarin, a blood thinner, to treat breast cancer. The prescription she was given was ten times stronger than what her doctor had prescribed.

The mother of three passed way in January, she was only 46. The Polk County Circuit County jury found the prescription error was responsible for the cerebral hemorrhage that resulted in permanent bodily injury, physical pain and disability.

"She died unnecessarily because this tenfold overdose with Warfarin by the pharmacy she trusted caused her cancer to come back with a vengeance and it interrupted all of her cancer treatments," her lawyer said. "They have been seeking justice for almost five years and this was a case that screamed out for justice."

For more information on this subject matter, please refer to our section on Wrongful Death.

Originally posted at InjuryBoard by Chrissie Cole

Florida Family Awarded $5.5 Million in Wrongful Death Suit

Chrissie Cole — Mon, 09 Jul 2007 00:58:46 GMT

A Florida family, who filed a federal wrongful death lawsuit involving a pain patch made by a Johnson & Johnson subsidiary, won a $5.5 million verdict, Tuesday.

The family of a 28-year-old sued Janssen Pharmaceutical Products LP along with ALZA Corp. claiming their pain patch, Duragesic, was responsible for his death on December 17, 2003.

The suit claimed the manufacturers of the patch failed to adequately test and inspect the pain patch prior to disseminating it.

He died while sitting at his computer. He had a Duragesic patch on his right arm to ease chronic hip pain suffered in a car accident when he was younger.

In the recall, Janssen said "exposure to too much medication can occur if the gel leaks directly onto the skin" and that "overexposure may cause potentially life threatening complications."

More than 50 wrongful death suits have been filed and are pending trial. The Hendelson case was only the second to go to trial and the first to enter federal court. The first was tried in Houston in 2006 and a state jury ordered Johnson & Johnson to pay the family $772,500.

Originally posted at InjuryBoard by Chrissie Cole

Wrongful Death Suit Filed After High School Death

Shannon Weidemann — Sat, 26 May 2007 22:10:00 GMT

The parents of a high school football player have filed a wrongful death lawsuit against the Henderson county school board and others that they feel are responsible for their son's death. The 16-year-old died after football practice in full gear on a very hot day.

New filings in the suit that revealed the damage requests were filed Friday in response to questions from the defense. A medical examiner's report concluded Owens suffered from a rare heart defect that had been exacerbated by the heat.
The documents filed Friday by Owens' family allege the school's athletic officials were slow in summoning medical.

The family is asking for $17 Million in the lawsuit. The teenager died on July 19, 2006.

Originally posted at InjuryBoard by Shannon Weidemann

Wrongful Death Lawsuit Filed Against Tampa Police

Christina Cole — Wed, 16 May 2007 18:49:41 GMT

Police contend it was self-defense, but the family says officers were wrong to shoot. Now, the family has filed a wrongful death lawsuit for potentially millions of dollars against the City of Tampa and the officers involved.

Police say the man ran a stop sign on Riverhills Drive in May of 2005. They also say he refused to give his real name or his license when asked. When he wouldn't exit the vehicle, two officers attempted to pull him out, while he resisted. The officers then tasered him and then shot him to death - after police say he turned his wheels in their direction trying to run over one of the officers.

In their report, the officers agree that he wasn't attacking or fighting them but he was resisting. His family says it's not true - if he was told to exit the car, he would have.

Now, it will be up to the jury to decide who was at fault...

Originally posted at InjuryBoard by Christina Cole

College Settles Wrongful Death Lawsuit for $2.75 Million

Christina Cole — Mon, 07 May 2007 23:20:13 GMT

Edward Waters College and the family of a student that was fatally shot, in 2004, following an essay he wrote critical of campus safety, has reached a $2.75 million wrongful death settlement.

Additionally, the settlement, agreed upon last month, requires the college to award an annual scholarship in honor of Johnathan Wesley Glenn,

Glenn, 18, a college freshman, was standing outside of his dorm when two men approached him and demanded the sports jersey that he was wearing, his cell phone and his wallet, authorities said.

In the lawsuit, the family claimed the college had inadequate security and they had misrepresented the safety of the campus.

Originally posted at InjuryBoard by Christina Cole

Taser Reports Dismissal for Wrongful Death Lawsuit

Christina Cole — Sun, 08 Apr 2007 20:02:58 GMT

After a dismissal in a Florida lawsuit on Monday, Taser International Inc. has a 41-0 record in wrongful death lawsuits and injury lawsuits filed against them, say company officials.

The U.S. District Court for the Middle District of Florida entered an order to dismiss with prejudice an in-custody death product liability lawsuit that was filed against Taser, a Scottsdale-based maker of stun guns.

Taser official report, this is the 41st lawsuit to be dismissed or to have a judgment in their favor. "We continually get results with our aggressive defensive strategy and our police of not settling this type o f litigation," said vice president and general counsel for Taser.

Originally posted at InjuryBoard by Christina Cole

Arrest Causes Miscarriage

Bob Carroll — Thu, 01 Feb 2007 05:46:11 GMT

Police officers and jailers must hear a lot of excuses. But, some excuses should make them take notice. For example, a pregnant woman who claims to be bleeding and on the way to the hospital should not be ignored.

Woman: Cops Ignored Pleas for Help at Arrest, Baby Died Next Day

A woman whose premature baby died the day after she was arrested has sued the Kansas City Police Department and two officers who repeatedly ignored her pleas for medical help while they were arresting her.
A police videotape released Tuesday shows Sofia Salva telling police officers numerous times on Feb. 5, 2006, that she was pregnant, bleeding and needed to go to a hospital.
After the ninth request, a female officer asked: "How is that my problem?"
Salva, a Sudanese native, was held overnight on traffic violations and outstanding city warrants. After being released the next morning, she delivered a premature baby boy who died after one minute, according to a lawsuit Salva filed Friday in Jackson County Circuit Court.
Salva sued officers Melody Spencer and Kevin Schnell and the Police Department for wrongful death, personal injuries and failure to provide medical assistance. Salva is seeking actual damages exceeding $25,000 and punitive damages to punish and deter such conduct in the future.
No tapes were available of Salva's time in the jail, but she contends in the lawsuit that her continued pleas for help were ignored. The next morning, jailers let her go to a hospital after she passed a large blood clot. Salva delivered a premature baby boy, who lived for one minute.

These officers and jailers fall about midway between callous and stupid. Not a good place for law enforcement to be.

Originally posted at InjuryBoard by Bob Carroll

The Hidden Defibrillator That Could Have Saved A Child's Life

Bob Carroll — Thu, 01 Feb 2007 05:30:08 GMT

What good is a first aid kit if nobody is trained to use it in an emergency? Worse, what good is it if kept hidden in a closet? A wrongful death lawsuit in Florida is asking similar questions about an automatic external defibrillator which could have saved a 12-year-old boy's life.

Indian River County school district sued over boy's death

INDIAN RIVER COUNTY -- The parents of a 12-year-old boy who died in March on the Sebastian River Middle School physical education field have filed a lawsuit against the School District and the manufacturer of the automatic external defibrillator they say should have been used to try to save their son.

Michael and Taffi Fisher Abt filed the suit in the Indian River County Circuit Court on Monday. They are requesting a jury trial.
They claim the district and Defibtech LLC of Guilford, Conn., were negligent in not ensuring school staff were trained to use the defibrillator, which can "jump-start" a heart that has stopped beating in some situations.
Michael Abt Jr. was in physical education class March 10 when he collapsed on the field. The Medical Examiners Office said at the time he most likely died from a sudden electrical short in his heart.
But the suit says Michael still had a "shockable rhythm" and could have been saved.
"Had he received a timely defibrillation shock from an AED (a defibrillator), a normal heart rhythm could have been restored and he could have been safely transported to a hospital for further treatment. Without timely access to an AED, there was little anyone could do to restore Mr. Abt's normal heart rhythm," the suit says.
A defibrillator was not used at SRMS when Michael collapsed. School officials have said the defibrillator, which was kept in the nurse's office, was en route to the physical education field when emergency medical services responded.
The suit says the defibrillator should have been accessible and employees should have known how to use it or when to use it.
"They (the district) obtained a device that can save people's lives, and they hid it," said the Abts' attorney Craig Goldenfarb, of Palm Beach. "It was in a black backpack in the nurse's office."
Since Michael's death, the Abts have founded the nonprofit Michael Abt Jr. Have A Heart Foundation to provide defibrillators to schools. Taffi Abt said the foundation has donated eight defibrillators to schools across the state.

The lawsuit will undoubtedly develop the full facts about the location of the defibrillator and the training provided to school employees in its use. At this point, however, the message to schools across the State of Florida is: Obtain a defibrillator; train personnel in its use; and, keep it readily available for medical emergencies.

Originally posted at InjuryBoard by Bob Carroll