Tampa Bay Personal Injury Lawyer - Wrongful Death - Most Commented

Cardiac Death At Gym Without Defibrillator

Bob Carroll — Sat, 01 Apr 2006 06:33:09 GMT

As a result of some recent litigation our health clubs, gyms and other exercise facilities may be safer. Among the treadmills and weights there may be a defibrillator. Why a defibrillator? Because it can save a life. Because gyms now know it should be part of their safety equipment and service.

Overlawyered feels gyms do not need defibrillators:

Gym didn't have defibrillator
...so a Florida jury ordered it to pay $619,650 to the family of a Fort Lauderdale customer who had a heart attack. A spokesman for L.A. Fitness says it wasn't common, let alone legally mandatory, for health clubs to stock defibrillators in 2003, when the incident occurred. (Jon Burstein, "Gym told to pay $619,650 in man's death because it didn't have a defibrillator", South Florida Sun-Sentinel, Mar. 30)(hat tip: Florida Masochist).

The Florida Masochist calls the lawsuit stupid:

5%
A Broward County jury has awarded over $600,000 to the family of a man who died at a Fitness Club in 2003 after having a cardiac arrest. The suit claimed LA Fitness should have had a defibrillator on the premises.
I'm sorry for the Tringali family but don't feel LA Fitness is liable. Having a defibrillator is all well and good, but these things are not toys. I'm medically trained, but don't know how to use one. They can kill a person as easily as save a life if not properly used.
Its also true if someone has a cardiac arrest outside the immediate care of a doctor or a hospital, that the survival rate is horrendous. The Sun-Sentinel quotes 5%, I've heard 5-10% myself. Mr. Tringali died for no fault of LA Fitness. It's these types of stupid lawsuit verdicts that cost the public money. For it drives up the cost of every product or service we buy.

There is another side to this story. Read on.

Sun-Sentinel.com has a more objective report on the jury verdict:

Gym told to pay $619,650 in man's death because it didn't have a defibrillator
Health-club chain LA Fitness must pay $619,650 to the family of a Fort Lauderdale man who died of sudden cardiac arrest while working out at an Oakland Park gym, a Broward Circuit Court jury ordered Wednesday.
The jury needed only two hours of deliberations to find that LA Fitness' negligence contributed to Alessio Tringali's death. No one attempted to perform CPR on the dying 49-year-old man and the club didn't have an automated external defibrillator that could have saved his life, argued Russell Adler, the attorney for Tringali's family.

The case is believed to be one of the first in the country where a health club has been held liable for failing to have a defibrillator on site, Adler said.
"It is a symbolic verdict and a therapeutic verdict because it sends a loud message to the health club industry that they need to do a better job to protect their members when they have a medical emergency," Adler said.
Adler had asked jurors to award $10 million to the Tringali family.
LA Fitness officials could not be reached for comment on Wednesday. Gene Kissane, an attorney for LA Fitness, declined to discuss the verdict.
In closing arguments, Kissane told jurors that Tringali's death on April 3, 2003, was inevitable, comparing his heart to a time bomb. The chance of surviving a sudden cardiac attack outside a hospital is 5 percent, he said.
In addition, it wasn't common practice at health clubs at that time to have defibrillators, he said.
Adler said LA Fitness facilities now have defibrillators.

Take a moment to reread that last sentence.

A Missouri health club death had previously raised the issue of the need for defibrillators.

Extensive excerpts from an article posted at ATLA.org (password required):

Recovery against health club for lack of defibrillator
Self v. Summit Athletic Club, Inc., Mo., Platte County Cir. Ct., No. 04CV84985, Sept. 2, 2005.
John Self joined the Summit Athletic Club hoping to use the facility to improve his health. However, the self-billed "largest and most complete" health facility in Kansas City, Missouri, failed to protect John's life when he collapsed at the gym from arrhythmia and suffered a fatal heart attack.
John, 57, had been diagnosed with high blood pressure and coronary artery disease and was on medicine to control his diabetes. He joined the gym following his doctor's advice to exercise as a way to reduce his high cholesterol and hypertension. But when John collapsed while working out at the health club, none of the facility's employees attempted to resuscitate him, even though an off-duty certified personal trainer employed by the club saw him lying unconscious on the floor. Further, the facility did not have on-site an automatic external defibrillator (AED) that could have restarted his heart. John was taken to a local hospital, where he died of cardiac arrest.
John's wife, Marsha, was referred to ATLA member John E. McKay of Kansas City, Missouri, an attorney who knew of the AED's lifesaving benefits. McKay immediately obtained John's medical records, reviewing them to determine whether his collapse would have been treatable if an AED had been used in time. He found that the ventricular fibrillation that caused John's death is exactly the kind of heart condition AEDs are designed to treat.
Investigating medical technology that could have helped John, McKay discovered that in 80 to 90 percent of cases, an individual suffering an arrhythmia can be revived with the swift use of an AED.
The health club ultimately chose to avoid trial and settle for $500,000, its insurance policy limits. And although John's family can never fully recover from their loss, McKay notes, "they are pleased that when the truth was shown, the health club was held financially accountable."

Originally posted at InjuryBoard by Bob Carroll

Message To Employers - Don't Allow Drunks To Drive Company Trucks

Bob Carroll — Mon, 16 Jan 2006 08:35:48 GMT

One case at a time jurors are telling employers that permitting drunk employees to drive company vehicles is wrong, wrong, wrong. The Las Vegas Review-Journal posts the story of the latest verdict/message:

TERRIBLE HERBST: Family awarded $14.1 million - Woman, 58, died when hit by drunken driver in 2001

Rosa Delegado was trying to get into her car on the side of a public street when Darwin Ray Ellison, a Terrible Herbst employee, drove a large company truck into the grandmother from behind. Delegado was pinned against her vehicle, run over and killed.

During a civil trial over the past week, [it was] alleged Terrible Herbst and others were negligent by hiring, through a temporary services agency, a known inebriate, then allowing him to drive the truck that killed Delegado.
Jeffrey Dearman, a manager for facilities for Terrible Herbst, testified in the courtroom of District Judge Elizabeth Gonzalez last week that Ellison and several other temporary workers were sent to the business through a temporary employment agency.
On one occasion, Dearman said, Ellison showed up to work smelling of beer.
"Stale beer from the night before," Dearman said.
"How do you know it was from the night before?" Arin asked.
"I don't, I guess," Dearman said.
Dearman also said that on another occasion, Ellison and another temporary worker asked him for permission to drink beer at lunch. Despite this, Dearman said, Ellison was not fired, nor was he disciplined.
"All the temporary employees were wanting (to) drink," he said.
Dearman said that in yet another instance, he left Ellison and other temporary workers at a Terrible Herbst warehouse unsupervised. As he left, he felt the need to tell them not to drink alcohol.

Originally posted at InjuryBoard by Bob Carroll

Riptide Drownings At City Beach

Bob Carroll — Wed, 21 Sep 2005 03:50:08 GMT

The Florida Supreme Court has ruled that a city’s public swimming area creates a duty to warn the public of certain dangerous conditions.

The Court determined that a jury, under these circumstances, should be permitted to decide whether the city knew or should have known of the riptide at the city beach and whether it breached its duty of care by not warning of the danger it created.

The Florida Supreme Court has ruled that a city’s public swimming area creates a duty to warn the public of certain dangerous conditions.

A woman and her rescuer drowned after being caught in a riptide at or near a public beach. The city’s public beach had many of the typical beach facilities, such as, restrooms, water fountains, picnic tables, metered parking and a place to rent beach equipment. There was no lifeguard, but there were also no signs warning of the dangers of swimming at that location.

I view this important decision by the Florida Supreme Court to be a logical extension of the general rule that once a city decides to operate a swimming facility, it is obligated to operate it safely.

As would be expected, beach communities in Florida have taken note of this court decision.

“In the Breaux vs. Miami Beach case, it was determined that because the municipality licensed concessioners and had metered parking generating income to the city, Miami Beach was liable for the safety of swimmers in public swimming areas.” These are the reported words of Edwin Peck, town attorney for North Redington Beach, Florida, according to the Beach Beacon.

“Peck suggested the elimination of the profit factor to minimize North Redington Beach’s future liability in lieu of the precedent set by Breaux vs. Miami Beach. Currently the town licenses only two concessioners at $50 per annual license. This would be a negligible reduction in revenue to the town of $100 a year.”

“Another suggestion to reduce the town’s liability was signage. The prospect of riptide flags and warning signs at the beach access were contemplated. Possible wording for signs included, “Swim at your own risk. No lifeguard on duty” along with lightning warnings for tourists unaware of local hazards.”

In my opinion, the most responsible step for a city to take would be to follow the last comment of Peck and to erect proper signage to warn persons unaware of local hazards. That may not improve the beauty of the beach, but it would give tourists a reasonable chance to survive their vacations to the Sunshine State.

Originally posted at InjuryBoard by Bob Carroll

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

A Loss That Is Hard To Bear - A Child's Death

Bob Carroll — Mon, 20 Feb 2006 09:32:44 GMT

One of the most difficult emotional burdens to bear is the death of a child. I do not know how I would deal with such a tragedy in my life, but I know there is support available in most communities for the surviving family members. One helpful article is highlighted below.

Surviving the deaths of children
Group helps families bear the unbearable

SANTA CLARITA - They never would have chosen to become members of the exclusive group, but they are lifers and draw strength from each other's company.
The group is made up of parents and siblings of children who have died. The deaths propel them into a fourth dimension of pain and loss, and through some spiritual alchemy - and lots of talking and listening - they help each other heal.
The causes of death are many: collisions, murder, medical malpractice, suicide
Members of The Compassionate Friends listen but do not judge. In exchange for exposing raw feelings, tenderness that defies words, confusion, anger, shock and acceptance, the members get reassurance and confidentiality.

Surviving the deaths of children
Group helps families bear the unbearable

SANTA CLARITA - They never would have chosen to become members of the exclusive group, but they are lifers and draw strength from each other's company.

The group is made up of parents and siblings of children who have died. The deaths propel them into a fourth dimension of pain and loss, and through some spiritual alchemy - and lots of talking and listening - they help each other heal.
The causes of death are many: collisions, murder, medical malpractice, suicide
Members of The Compassionate Friends listen but do not judge. In exchange for exposing raw feelings, tenderness that defies words, confusion, anger, shock and acceptance, the members get reassurance and confidentiality.

Originally posted at InjuryBoard by Bob Carroll

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