wrongful death research - fasig \| brooks
Post on 10-Jun-2022
6 Views
Preview:
TRANSCRIPT
Total Award $ Outcome Case Type Subcategory Facts
-$ Defense Med Mal
Failure to Properly
Diagnose and Treat
Critical Blood Clotting
Level
Plaintiff's personal representative sued the USA when the decedent was a
patient at a VA Outpatient Clinic. The decedent underwent routine
international normalized ratio (INR) testing which revealed a critical INR of
7.58. The decedent's physician instructed him not to take his blood
thinner, Coumadin, for 2 days and return for a recheck. The decedent was
found the day before the recheck unresponsive in bathroom bleeding from
numerous orifices and was pronounced dead later that day. The personal
representative claimed that the USA was liable under the Federal Tort
Claims Act.
615,000.00$ Plaintiff UM
Failure to Stop for Red
Light
This case was tried on damages only. The insurance company admitted to
the tortfeasor's negligence. The plaintiff was a fatally injured decedent
when the defendant tortfeasor allegedly ran a red light causing injury. The
plaintiff claimed that the defendant insurance company carrying UM
coverage for decedent had to pay 4 adult daughter-survivors damages due
to loss of their mother (close family relationship). The insurance company
claimed all daughters were self-sustaining adults.
333,500.00$ Plaintiff Med Mal
Negligent
Performance of
Gastrojejunostomy
Decedent plaintiff claimed that the defendant hospital and surgeons
involved in his care negligently performed a gastrojejunostomy, provided
inadequate post-op care, and failed to determine cause of the decedent's
post-op fever (misdiagnosing developing peritonitis as right arm
thrombophlebitis), resulting in wrongful death from peritonitis and
overwhelming sepsis. The defendants maintained that the decedent's
treatment met the standard of care in all respects and that the right arm
thrombophlebitis was properly diagnosed. The defense also claimed that
death was an unavoidable consequence of required surgery.
2,295,500.00$
CN: Plaintiff 20%;
Defendant 80% Premises Liability Accident at Hotel
Judgment reduced to $1,971,000 for CN. A minor decedent died from
drowning in the defendant-owned hotel's pool. The plaintiff claimed that
the defendants were negligent, failed to provide lifeguard/staff trained in
CPR, failed to provide mechanisms to call 911, built kiddie pool too close to
adult/deeper pool and without a gate, and failed to make life vests
available for children. The defendants denied liability and contended that
the incident was due to parental negligence.
Wrongful Death Research
-$ Defense Intentional Torts Assault
Estate of decedent's personal representative sued the defendant when the
decedent was in an altercation with the defendant causing
unconsciousness and leading to brain hemorrhage and eventual death. The
defendant claimed that the decedent instigated the altercation and that,
while the defendant's actions were intentional, they did not lead to death.
-$ Defense Med Mal
Violation of Nursing
Home Resident's
Rights Act
Estate of the decedent sued the defendant nursing home under Chapter
400, Florida's Nursing Home Resident's Rights Act. The plaintiff claimed
that the defendant negligently allowed the elderly decedent to fall twice in
its facility, leading to death from neurological decline. The decedent did
not see a physician following the 1st fall and was sent to ER with
contusions in orbital area of the right eye following the 2nd. The plaintiff
also claimed that the defendant did not implement safeguards to prevent
falls. The defendant maintained that the decedent was appropriately
assessed for falls and could not be physically restrained without a
physician's order. The defense also contended that the decedent was
alert/oriented post-fall and a safety plan had been enforced. The
defendant also denied that the injuries sustained in the falls resulted in the
decedent's death based on a full neurological workup (including CT scans
and MRIs) following the 2nd fall and that an MRI noted a possible ischemic
attack.
1,500,000.00$ Plaintiff
Residential Half-Way
House Rape and Murder
Estate/mother of minor decedent sued the defendant mission and its
director as they allegedly allowed a dangerous ex-convict with a history of
child molestation to move into a residential neighborhood near young
children. The decedent was killed when a resident of the half-way house
broke into the decedent's home (directly next door to half-way house),
raped, and murdered her in her bedroom. The defendants maintained that
the killer was not on probation or parole, that it had no duty to warn
neighbors of criminal background nor to control behavior, and that locks
on decedent's home were inadequate. Evidence showed that another
resident of the house made comments about decedent. The plaintiff
claimed that the decedent was staked/targeted prior to death. The
defendants knew of killer's criminal record but background checks to
determine suitability for residential placement were not made.
3,000,000.00$ Plaintiff
Motor Vehicle
Negligence
Road Construction
Worker Struck by SUV
Plaintiff (surviving son, personal rep.) sued the defendant after the
decedent was struck by his vehicle causing death at a construction site
where the decedent was a pedestrian. The plaintiff claimed alcohol was
involved in the crash.
-$ Defense MVA Intersection Collision
In this case. the defendant admitted negligence, but denied the cause of
death. The decedent was involved in a severe collision with substantial
property damage to both vehicles when defendant hit his vehicle. The
decedent was admitted to hospital post-accident to monitor a pre-existing
heart condition (quadruple bypass ~10y prior to accident) but
subsequently died from a heart attack ~1y after accident. The decedent's
cardiologist claimed that the accident caused a series of events leading to
the fatal heart attack. The defendant claimed that the heart attack
stemmed from the progression of advanced cardiovascular disease, not the
accident.
744,900.00$
CN: Plaintiff 10%;
Defendant 90% MVA Head-On Collision
Judgment reduced to $400,000 for CN. Estate/decedent's husband sued
the defendant National Car Rental company and the driver of vehicle that
collided head-on with the plaintiff's car while the decedent was a
passenger for negligence. The plaintiff claimed that the husband, the
decedent's minor son, and the decedent's adult son all suffered from
depression, PTSD, and depressed cognitive function stemming from
decedent's sudden death and that her husband suffered worsening of a
prior depressive disorder. The defendant driver claimed that the
unidentified car stopped suddenly in front of him, that he swerved to avoid
collision and hit plaintiff's vehicle. The defendant also claimed that a
phantom vehicle contributed and plaintiff's husband had sufficient time to
have taken action to avoid collision.
5,000.00$ Plaintiff Negligent Supervision
Drowning of Minor
while in
Grandparents'
Custody
Action was brought by the legal representative of the plaintiff father
(incarcerated at time of trial) who alleged that drowning death (from pool)
of his 16-month-old son was the result of the defendant maternal
grandparents' negligent supervision. The defendants argued that accident
was not foreseeable and that plaintiff did not live with or support the child,
nor was married to the boy's mother.
-$ Defense Med Mal
Failure to Prescribe
Anti-Clotting
Medication after
Surgery
Decedent went to ER after MVA when, under the care of defendant
physicians, he was allegedly diagnosed with complex leg fractures
requiring surgery. The decedent was discharged but not prescribed anti-
clotting medications causing wrongful death.
-$ Defense Med Mal Internist Negligence
Plaintiff claimed that the defendant negligently failed to recognize and
treat the decedent's alcohol withdrawal symptoms resulting in aspiration
and death. The defendant doctor claimed that the treatment met the
standard of care in all respects and was not the cause of death. The
decedent underwent spinal surgery by a non-party surgeon and followed
up with the defendant internist post-surgery when the plaintiff claimed the
decedent suffered post-surgical alcohol withdrawal symptoms that were
not properly treated by defendant causing respiratory arrest, irreversible
brain damage, and eventual death. The defendant stressed that the
decedent did not disclose, and actually denied, his excessive alcohol
consumption to every physician, that hospital nursing staff did not
administer medications prescribed properly, and that the nursing staff did
not tell physicians when the decedent developed Clinical Institute
Withdrawal Assessment for Alcohol (CIWA) scores of about 15. The
defendant finally claimed there was no indication that treatment would
have altered decedent's medical course or averted death.
1,717,624.00$ Plaintiff Doctor Mal
Failure to Refer to
Specialist
Estate of the decedent sued the defendant physician and physician's group
after the decedent suffered a fatal cardiac arrest 4 days after leaving the
physician's office complaining of chest pains and an administered ECG
revealed troubling results. The plaintiff estate claimed that the physician
and physician's group were liable for failing to properly assess high risk of a
cardiac event and for failing to schedule a cardiac catheterization or refer
him to ER for a cardiac consultation. The defendants denied that the
physician's treatment caused decedent's death.
1,280,000.00$ Settlement Medical Negligence
Missed Diagnosis of
Hirschsprung's
Disease
Minor plaintiff showed multiple signs of Hirschsprung's disease which was
never diagnosed. He became severely dehydrated, went into shock, and
later died.
-$ Defense MVA
Auto/Pedestrian
Collision
Decedent and another pedestrian crossed a 4-lane divided highway to the
far right lane when they were struck by the defendant's pick-up truck
owned by defendant company. The case brought by the estate of the other
pedestrian resulted in a defense verdict the previous year. The plaintiff
claimed that the driver of truck could have avoided the accident and was
not driving attentively. The defendant company claimed that the decedent
was intoxicated (BAC .23) and that the accident was caused by decedent's
own negligence for running in front of the truck.
10,000,000.00$ Plaintiff
Public School
Negligence Sports
The defendant in this case was the University of Central Florida (UCF). The
decedent died during football practice due to exhaustion. His estate sued
the UCF Athletics Association, claiming that the coaches and trainers,
acting as servants or agents of defendant, failed to provide the football
players with proper access to water and demanded that the players
continue with football drills although they were exhibiting physical
distress; the defendants denied liability.
-$ Defense Products Liability Aircraft Part
Estate of decedent sued the defendant airplane manufacturer, Learjet,
when a plane lost cabin pressure and crashed causing decedent's death.
The estate contended that the defendant negligently designed,
manufactured, and sold the plane in a defective condition and that it failed
to properly maintain the airplane, and that a broken adapter caused
decompression of the cabin when an outflow valve came loose from the
frame of the plane. The defendant denied liability and contended that the
valve was damaged in the crash, not before.
500,000.00$ Settlement Aircraft Liability Crash
Plaintiff died when the airplane in which she was passenger, owned and
piloted by defendant, crashed. The plaintiff contended that the defendant
operated the airplane in negligent manner and that negligence resulted in
decedent plaintiff's fatal injuries. The defendant's estate denied liability
(defendant also died in crash).
15,206,113.00$
CN: Plaintiff 7%;
Defendant 93% MVA
Trucker Driving
Excessive Hours
Decedent was riding his motorcycle when he was killed in a collision with a
tractor-trailer operated by the defendant and owned by defendant
company. The plaintiff (the decedent's widow) filed suit against the
defendants claiming the defendants were negligent in violating the Federal
Motor Carrier Safety Administration's Hours of Service limits (prohibits
interstate truckers from driving 11+ hours after 10-hr consecutive break) at
time of accident. The plaintiff further claimed that the defendants falsified
logs on crash night and on many days prior by using paper logs, not
electronic logs.
1,300,000.00$ Plaintiff MVA Rear-End/Broadside
Judgment increased to $2,277,000 for economic damages. The decedent
passed when his vehicle was rear-ended by the defendant and forced into
southbound lane where it was broadsided by the 2nd defendant causing
fatal injury. The decedent's wife filed suit against both defendants for
wrongful death and vicarious liability (one defendant was driving vehicle
owned by co-defendant).
2,857,400.00$ Plaintiff Premises Liability Electrocution Liability
Judgment reduced to $2,226,690 for setoffs. The decedent passed when
he was not warned, prior to entering the attic of a property owned by
defendant, that electrical wires and circuits in attic were energized or
"live". The decedent was installing a telecommunications cable when he
came in contact with energized electrical wires and circuits and was
electrocuted causing his death. The estate sued the defendant property
owner and two businesses that owner contracted out to while installing
electrical fixtures in the property for wrongful death with an amended
complaint of negligence and negligent selection and supervision of
contractor.
-$ Defense Med Mal
Failure to
Detect/Diagnose/Test
Decedent's wife filed suit against the defendant physicians and hospital
after her husband (decedent) suffered an undiagnosed brain abscess
resulting in death.
11,800,000.00$ Plaintiff Premises Liability Accident at Hotel
Decedent died 4 years after he participated in a 2-man suma match at the
defendant hotel, where he was a guest, from the injuries he received (Inc.:
fractured neck, resulting in paraplegia). The plaintiff decedent contended
that the game was dangerous, that defendant failed to remedy/warn
participants of danger, and that this failure was the cause of the
decedent's injuries and his death. The defendant denied liability and
contended that the decedent was the sole cause of injuries.
745,000.00$ Plaintiff Med Mal Nursing Home
Plaintiff's daughter filed suit on behalf of the decedent claiming she died at
a nursing home as a result of her care/treatment. The plaintiff alleged that
the defendants deprived and infringed on decedent's rights pursuant to FS
400.022 and 400.428 and asserted wrongful death and survivor action.
Specifically, the plaintiff claimed that the defendant nursing home
managers/owners breached a duty owed to the residents to hire, train,
and supervise employees so that such employees deliver care and services
to residents in a safe and beneficial manner.
-$ Defense Med Mal Cardiac Surgery
Decedent died after undergoing cardiac surgery for a dual valve
replacement and single vessel cardiac artery bypass graft causing her to be
on heart-lung bypass for 1-2 hours resulting in low cardiac output (death
certificate lists cause of death as septic shock secondary to ischemic
bowel). Decedent's daughter (plaintiff) sued the surgeon and his
professional association (Cardiovascular Surgeons) for medical malpractice
and wrongful death, claiming that the surgeon fell below standard of care
by not being able to technically perform the aortic root enlargement to
accommodate an aortic heart valve, forcing the wait for a smaller valve
(and making decedent be on heart-lung bypass for a longer time than
normal). The defense claimed that the decedent did not spend more than
necessary amounts of time on bypass, that the decedent was anatomically
too small to fit the original valve, that the new valve gave the decedent
almost double the blood flow than she had prior to surgery, and that death
was caused by heparin induced thrombocytopenia causing micro emboli
causing ischemic bowel leading to septic shock and death.
1,000,000.00$ Settlement Medical Negligence Asthma
Decedent died from a tension pneumothorax secondary to an asthma
attack while she was a patient at the defendant hospital. The estate of
decedent sued the defendant claiming that the physician negligently failed
to diagnose and treat the decedent's pneumothorax. The defendant
denied negligence and alleged that the pneumothorax was not visible on x-
rays and that the decedent's death was from an asthma attack so severe
that she had no chance of survival.
-$ Defense MVA Right-of-Way
Decedent died while driving his vehicle in the left inside lane when he was
allegedly struck by the defendant-driven truck tractor owned by the
defendant company causing fatal injury. The decedent's father/personal
representative of the estate filed suit against the defendants claiming that
the driver violated decedent's RoW causing a collision.
24,000.00$ Settlement
Violation of Civil
Rights
Use of Excessive Force
through Repeated
Tasering
Decedent was a patron at Universal Studios CityWalk when he began
exhibiting signs of mental distress/delirium. The decedent died when 4 off-
duty police officers working as security guards attempted to apprehend
and detain him to initiate Baker Act proceedings by pinning him to the
ground putting pressure on his back making it difficult for him to breathe
and shooting him with a taser while he was subdued and on the ground.
The decedent suffered sudden cardiac arrest and died. The decedent did
not have drugs/alcohol in his system. The decedent's parents/co-
representatives of his estate claimed wrongful death against the City of
Orlando and one police officer claiming common-law battery and claims
under 42 USCS Sec. 1983 and FSA Section 768.28. The defendants claimed
officer's use of taser was necessary due to plaintiff's resistance to efforts to
subdue him and that he was unruly and uncontrollable.
1,000,000.00$ Settlement Products Liability
Automobile Hand
Brake
Plaintiff decedent was driving a truck down an incline when the hand
brake malfunctioned and did not engage brakes causing a collision with
another truck and subsequent death. The decedent's estate sued the hand
brake manufacturer (defendant) for products liability claiming that the
connection to the brake from the hand control was a threaded rod that
vibrated loose, causing the brake to malfunction and that there should
have been more safeguards to prevent rod from coming loose The defense
claimed that 30,000+ units have been sold since the 1940s and never has
this been an issue. The defense also claimed that the impact of the
accident caused the rod to loosen.
810,000.00$ Plaintiff Doctor Mal
Failure to
Test/Delayed
Treatment
Decedent died when the attending defendant physician/medical staff at
defendant's medical facility failed to diagnose timely and treat his lung
neoplasm. The estate sued the defendants, claiming they were negligently
in failing to complete further evaluation by biopsy and inquire of decedent
as to the timing of last chest CT. The defendants denied negligence.
-$ Defense Med Mal Delayed Treatment
Minor decedent died while under the care and admittance at the
defendant hospital for thrombotic thrombocytopenic purpura (TTP). The
decedent's hemoglobin level fell and she received a blood transfusion
increasing the hemoglobin level, but it eventually fell again necessitating a
2nd blood transfusion after which she coded and passed. The decedent's
father acting as the representative of the plaintiff's estate sued the
defendant hospital claiming that the defendant failed to properly monitor
and treat the decedent's condition and that its failures constituted medical
malpractice, which caused decedent's wrongful death. The defendant
claimed that the blood transfusions do not treat TTP alone, and the
treatment she needed she was allergic to. The defense also claimed that
the decedent did not show signs of hypoxia, and died because of an
occlusion of small vessels in the sinus node of heart leading to an electrical
arrhythmia and resultant cardiac death.
754,100.00$
CN: Plaintiff 5%;
Defendant 95% Premises Liability Accident at Hotel
Decedent died at the defendant hotel by drowning in 8ft of water in a
swimming pool. The plaintiff contended that the defendant's pool failed to
meet Florida Department of Health and Rehabilitative Services.
Requirements that were broken included a lack of adequate water
visibility, lack of safety line, and lack of a safety throw ring. The defendant
maintained that the decedent caused own death by hyperventilating in an
attempt to stay underwater as long as possible and that the decedent
suffered from a shallow-water black-out caused by the hyperventilation.
Witnesses claimed that the decedent was a competent swimmer and that
he jumped into deep-end of pool feet first, came up once, then a second
time, and never came back up. A rescuer came to his aid but because of
cloudy water, he could not find decedent on his 1st attempt. Once he did,
he attempted CPR, but decedent was dead.
630,000.00$ Settlement
Nursing Home
Negligence
Violation of Nursing
Home Resident's
Rights
Decedent passed after wandering from the defendant-owned nursing
home facility and trying to cross a road when she was struck by vehicle.
She died 11 days later.
10,114,660.00$
CN: Plaintiff 10%;
Defendant 90% MVA
Agency of Pizza
Delivery Driver
Decedent passed after a delivery driver for the defendant's franchise of
defendant Domino's Pizza, LLC tried to merge into his lane causing the
decedent to swerve, flip, and hit a tree sustaining critical injuries causing
paralysis and death 15 months later. The decedent's estate added
wrongful death to a pre-existing negligence action after death. The
defendants denied that the driver was negligent in the operation of his
vehicle and contended that the decedent was negligent.
-$ Defense
Nursing Home
Negligence Abuse or Neglect
Decedent died after he was allegedly stabbed under the care of the
defendant nursing home and was found bleeding from his abdomen in
bed. The decedent's daughter/estate personal representative sued the
defendant claiming negligence and neglect and that, although decedent
had undergone surgery a month prior, his wounds were consistent with a
stab wound. The medical examiner claimed that the decedent's death was
"unknown". The defendant denied there being a stabbing and argued that
there was no evidence of foul play or witnesses, no motive, nor similar
crimes in the complex, and that the decedent suffered from wound
dehiscence.
30,000,000.00$ Plaintiff Med Mal
Failure to
Diagnose/Treat
Judgment reduced to $27,600,000. The decedent reportedly stepped on a
nail resulting in a puncture wound to the bottom of his foot which
developed into septic arthritis. He was treated at the ER of defendant
hospital and was treated by the defendant physicians who ordered IV
antibiotics and oral ibuprofen. The decedent's cause of death was the
development of liver/kidney dysfunction, acidosis, hyponatremia, and high
level of gentamycin (prescribed IV antibiotic), intubation with artificial
ventilation for excessive brain swelling, and ultimately brain death. The
decedent's mother sued the defendants claiming that they were negligent
in the care and treatment of the decedent because they knew or should
have known the appropriate method to diagnose, prescribe antibiotics,
monitor antibiotic treatment, and manage/monitor a 10-year-old patient.
-$ Defense Med Mal
Failure to
Diagnose/Treat
Decedent showed up to the defendant physician's medical practice for
care/treatment showing signs of disorientation/slurred speech. The estate
of the decedent filed suit against the defendant and medical practice
alleging that the physician deviated from the standard of care by failing to
timely recognize signs of disorientation and slurred speech which were not
medication related, failing to recognize lab values consistent with over-
anticoagulation, inappropriately ordering Lovenox, leaving decedent
unattended, and failing to timely begin reversal therapy for over-
coagulation.
450,000.00$ Settlement Med Mal
Failure to
Diagnose/Treat
Decedent presented to the defendant hospital's ER complaining of chest
pain/shortness of breath and was given an EKG which the defendant
physician said was abnormal, diagnosing him with costochondritis and
giving home care instructions with prescribed pain medications then
discharging him. The decedent returned to ER approximately 3 weeks later
complaining of chest pain and left arm numbness pointing to cardiac
ischemia with probable arrhythmia from acute coronary artery thrombotic
occlusion causing death. The estate of the decedent filed a lawsuit against
the defendant hospital and physicians alleging deviation in the standard of
care by failing to complete an accurate history, appreciating the
significance of decedent's signs and symptoms, timely and appropriately
diagnosing the severity of coronary artery disease, and performing
appropriate cardiac testing.
-$ Defense Med Mal
Failure to Diagnose
Heart Attack
Decedent experienced dizziness, a sharp pain in the chest when she bent
over, and shortness of breath while at work. An ambulance was called for
the decedent, who recommended she go to the ER, but she instead saw
her family practitioner (defendant) at his office (co-defendant) who
treated her for severe pulmonary hypertension and asthma, ordering a
nebulizer treatment for wheezing, which resolved. Later that night the
decedent was taken to the hospital for severe respiratory problems where
she coded and died while a respiratory therapist placed an arterial line to
obtain blood gas results. The estate of the decedent sued the defendants
claiming malpractice. The defendants claimed that the defendant physician
appropriately addressed decedent's problems given her symptoms.
12,240,000.00$ Plaintiff MVA Head-On Collision
Decedent was involved in a head-on collision with the defendant while he
was in the scope and course of his employment with the defendant
company causing death. The plaintiff, the decedent's son, filed suit against
the driver and company claiming that the company paid Worker's
Compensation benefits and for the hotel room he was travelling to when
the crash happened. The driver admitted liability.
-$ Defense Psychiatric Mal
Medication/Negligent
Supervision
Decedent committed suicide after being diagnosed with major depressive
disorder (MDD) and was treated with Zoloft by defendant, a PA-C, under
supervision of the defendant MD at the defendant medical practice. The
estate of decedent sued the defendants claiming misdiagnosis, that the PA-
C did not have a license to prescribe medicine and illegally dispensed the
Zoloft in violation of FL law, that neither defendants warned decedent or
family of known side effects of Zoloft and failed to monitor his progress,
and that the MD failed to supervise PA-C. The defendants denied liability
and contended that the decedent was fully cognizant and understood his
diagnosis and treatment plan and that he seemed calm and collected when
purchasing the gun he shot himself with and the 11 suicide notes he wrote
were not 'deranged' or 'crazy'.
-$ Defense Med Mal
Failure to
Diagnose/Treat
Decedent underwent bypass surgery by the defendant physician causing a
tear to decedent's aorta while performing an angiogram. The decedent's
wife filed suit, claiming her husband died from post-op treatment by
negligently deviating from the appropriate standard of care by failing to
disclose the tear to surgeons, failing to properly perform angiogram, and
failing to properly treat cardiac tamponade (tear).
1,509,379.00$
CN: Plaintiff 25%;
Defendant 75% MVA
Car Pulling into Path
of Motorcycle
Decedent was operating a motorcycle when the defendant allegedly pulled
out from side street into his lane of travel causing a collision. The estate of
the decedent filed suit against the defendant driver and defendant
company claiming that the driver was acting in the course and scope of his
employment when accident occurred. The defendants denied liability on
the grounds that decedent was under the influence of drugs (cocaine) or
alcohol at time of death, was more than 50% at fault for collision, and that
driver was not acting in course and scope of employment.
10,000.00$ Settlement MVA Head-On Collision
Estate of decedent sued claiming that the defendant driver and defendant
Geico Ins. Company were negligent for wrongful death as a result of a head-
on collision. The decedent failed to brake for another vehicle ahead of him
at an intersection and the vehicle skidded before the intersection and
struck the defendant's vehicle head-on. The plaintiff alleged comparative
negligence by the defendant on the grounds that defendant could have
seen decedent's vehicle go into a skid.
230,000.00$ Plaintiff Police Misconduct Excessive Force
Decedent walked aggressively toward the defendant City of Orlando's
officer with a silver surgical clamp. When officer backed away, the
decedent said "Shoot me". The officer fired 6 shots, claiming his life was in
danger. The estate of decedent (plaintiff) claimed that the officer was in no
immediate danger, could have used a baton or mace, and that it was the
custom/policy of Orlando Police Department to ignore proper training
dealing with emotionally disturbed/intoxicated persons. This is the 1st
time OPD has ever lost civil suit for excessive force.
134,947.49$
CN: Plaintiff: 70%;
Defendant 30%
Motor Vehicle
Negligence
Auto/Pedestrian
Collision
Judgment reduced to $40,484.25. The decedent was killed while trying
cross the street when she was struck by vehicle owned and operated by
defendants. The estate of decedent (plaintiff) claimed that the defendant
negligently operated/maintained vehicle.
1,699,091.00$ Plaintiff MVA
Auto/Pedestrian
Collision
Decedent was killed by the driver of a vehicle who struck him as he walked
along a center island on a road. The estate of the decedent (plaintiff)
claimed that the driver was intoxicated at the time of accident (BAC .20
1.5hrs after accident) and failed to negotiate a curve after exiting I-4
(corroborated by witnesses/police officer). The driver was uninsured at
time of accident and was in default. This case was tried on damages only.
1,856,885.00$
CN: Plaintiff: 15%;
Defendant 85% Med Mal
Failure to
Diagnose/Treat
Judgment reduced to $1,578,352.20 for CN. The decedent presented to the
defendant physicians at a medical practice with abdominal pain and
allegedly incorrectly diagnosed her with irritable colon and early pelvic
inflammatory disease and other diagnoses between Jan. and Feb. 1998.
The decedent was eventually found unresponsive and underwent surgery
at a hospital where she was found to have a large pelvic abscess with a
perforated sigmoid colon and sacral abscess due to a ruptured appendix.
The decedent declined after surgery and eventually died at the end of Feb.
The estate of decedent filed suit against defendants for negligence and
vicarious liability.
-$ Defense Med Mal
Failure to
Diagnose/Treat
Minor decedent presented to the defendant hospital and defendant ER
physician with respiratory issues and was discharged, but returned later
the same day to a different physician at the same hospital. According to
the parents, the decedent was suffering from a septic condition and/or
meningococcal infection and was administered a large dose of IV
lorazepam, allegedly causing respiratory and cardiac arrests resulting in his
death. The estate of the decedent (plaintiff) claimed that the defendants
were negligent for deviating from the appropriate standards of care.
1,950,000.00$ Settlement MVA
Auto/Pedestrian
Collision
Decedent was killed in an orange grove while crashing an all night camp-
out party with a .14 BAC and was trespassing. The defendant, the driver of
his father's vehicle, was reckless in revving engine to purposely scare
decedent, but due to grove conditions and a combination of other things,
the decedent was struck and killed instantly.
5,000,000.00$ Plaintiff Premises Liability
Failure to Provide
Adequate Security
Decedent was on vacation in Orlando with family members following a
high school graduation when he went into defendant's nightclub and was
assaulted by 3 assailants who were escorted out of the club. but fatally
shot and assaulted him as he was leaving..
1,100,000.00$ Settlement Negligence Failure to Supervise
The defendant in this case was the Florida A&M University Board of
Trustees. The decedent was 26-year-old university student in the FAMU
band where band hazing incidents had allegedly been escalating in
frequency and violence over the course of 2011. 2 weeks after a hazing
incident occurred, the FAMU then-president allegedly refused proposals
for a long-term band suspension and disallowing upperclassmen from
participating at the up-coming 2011 Florida Classic. About 2 weeks later,
the FAMU band took a charter bus to Orlando for the FL Classic Weekend.
Bus C, operated by defendant driver, allegedly started the bus with the
specific intent of allowing the Bus C hazing ritual including verbal and
physical abuse including the decedent. The defendant bus driver allegedly
stood guard while all of this was happening and pushed decedent back
into the bus after seeing him vomiting. The decedent died from fatal
internal injuries that night. The mother of the decedent filed this wrongful
death suit.
200,000.00$ Settlement Police Negligence Failure to Protect
Decedent was a hotel employee when she was shot by a fellow employee
who then immediately committed suicide. The decedent had been
harassed by the employee before and she had called the sheriff's office
regarding the harassment (charges written as stalking charges). The
employee was dismissed and appeared at the decedent's college and killed
her. The estate of decedent contended that the defendant sheriff
negligently failed to arrest the employee, failed to protect decedent, and
failed to properly train deputies. The defendant claimed it was not
responsible for the State Attorney's negligence in not issuing an arrest
warrant.
1,350,000.00$ Plaintiff MVA Centerline Violation
Minor decedent was a passenger in a vehicle when the defendant-
operated vehicle crossed the median into oncoming traffic and collided
with vehicle the decedent was riding in.
1,750,000.00$ Settlement MVA
Auto/Pedestrian
Collision
Defendant struck and killed the pedestrian decedent after failing to stop
for a red light. The defendant also plead to count of civil conspiracy to
destroy evidence due to telling his stepmother that the damage to the
vehicle was due to a falling tree limb and she had the vehicle repaired,
impairing the Plaintiff's ability to prove liability and prevented a forensic
determination of whether there was a traffic violation between either
defendant or decedent.
215,000.00$ Settlement MVA
Auto/Truck Collision-
Attempt to Pass
Plaintiffs, parents of decedent infant, were involved in a collision caused by
the decedent's negligent passing attempt forcing another vehicle into their
vehicle and pushing them off of the road. The decedent's mother was 5
months pregnant at the time, was examined at the ER and was discharged,
then suffered a prolapsed cord and premature rupture of membranes 5
days later calling for an emergency C-section. The decedent remained in
NICU until her death at 75 days old. The plaintiffs were insured through
State Farm and INA Ins. Company for UM coverage and sued for pain and
suffering for death of child under FL Wrongful Death Act.
1,200,000.00$ Plaintiff MVA Wrongful Death
Plaintiff/decedent was parked in line waiting to enter the defendant's mine
where he was employed when he went behind his tractor-trailer to inspect
the brake lights. A truck ahead of him attempted to leave and backed into
the front of decedent's truck causing it to roll backwards over him, causing
death.
-$ Defense Doctor Mal
Lack of Informed
Consent
Decedent was the patient of the defendant doctor who died from bilateral
pulmonary thromboemboli from deep vein thrombosis (DVT) due to
surgery performed by the defendant. The plaintiff estate of the decedent
claimed that the decedent was under the defendant's medical care for
symptoms of left ankle pain and swelling and was diagnosed with a
possible tendon rupture in the left leg and tendonitis in the right and left
Achilles tendons. At a 1-week post-op visit, the decedent was given a
removable walking cast and died approximately 1 week later. The plaintiff
estate contended that the defendant failed to recognize that the decedent
was a high risk for developing DVT and that defendant failed to obtain
informed consent. The defendant denied liability and claimed comparative
negligence.
377,500.00$ Settlement Doctor Mal Childbirth
Minor decedent died from injuries that she suffered during her delivery by
the co-defendant doctor at a non-party hospital following prenatal care by
the defendant doctor. The plaintiff parent contended that the defendant
failed to accurately project the due date of the decedent and failed to
follow up on sonogram results. The plaintiff also claimed that the co-
defendant failed to provide prompt and adequate care during delivery
when he halted an ordered C-section, resulting in the decedent's brain
damage and that both doctors failed to provide the standard of care and
that a 3rd-named defendant insurance company provided financial
incentive to defendant to minimize care and to proceed with the least
expensive medical options. The defendants denied liability and contended
that acts/omissions of the plaintiff caused or contributed to minor's death.
150,000.00$ Settlement Premises Liability Drowning in Pool
Decedent was traveling with a church group to Orlando when they stayed
at the defendant-owned hotel. The decedent was instructed by the
pastor/chaperone to stay in his room after dinner and to not swim in the
hotel pool. The decedent disobeyed instructions and left his room, along
with other children from the church group and went swimming around
midnight. The pool was open until 1AM and written rules were posted
poolside indicating that no lifeguard was on duty, that children were
supposed to be accompanied by an adult, and to swim at your own risk.
The decedent subsequently drowned in the pool. The decedent's parents
sued the hotel for wrongful death on a negligence theory stating that the
hotel should have a lifeguard on duty. The plaintiff parents of the decedent
would not give consent to sue the church.
10,000,000.00$ Plaintiff Med Mal Wrongful Death
Decedent was a developmentally-disabled child living at a licensed group
home when he was reportedly prescribed Methadone by the defendant
physician for the purpose of blocking endorphin responses. The decedent
was found dead the next day and autopsy results reported the cause of
death to be Methadone overdose with multidrug toxicity. The parents of
the decedent filed suit against the defendant physician alleging medical
malpractice and negligence, claiming that the defendant negligently failed
to give proper and appropriate medical advice and failed to receive
informed consent from the parents before prescribing Methadone. The
plaintiffs also alleged that the defendant's employer should be vicariously
liable for failing to provide prompt and appropriate medical care, to
protect decedent from harm, to keep decedent safe, and to appropriately
train and supervise employees.
3,000,000.00$ Settlement
Violation of Civil
Rights
Deliberate
Indifference to
Medical Needs of Jail
Inmate
Plaintiff/decedent was arrested on a warrant for obtaining medication by
fraudulent prescription and was booked into the Orange County
Jail/Correctional Facility. On the date of arrest, the plaintiff was under
psychiatric treatment and was on a methadone program. The day after her
arrest, the plaintiff was ordered released to home confinement due to her
medical and psychological condition, because she was receiving
methadone treatment under a doctor's care, and because she could suffer
from severe withdrawal if her medication was not maintained. However,
the plaintiff was not released because the Orange County Corrections
Division had run out of ankle monitors. The plaintiff passed about 10 days
after her arrest when COs and medical personnel at the jail failed and/or
refused to provide appropriate medical care and treatment to the plaintiff
causing severe, incapacitating, and deadly drug withdrawal symptoms
eventually ending in cardiac arrhythmia brought on by an electrolyte
imbalance resulting from malnutrition and dehydration.
5,000,000.00$ Plaintiff Premises Liability Wrongful Death
Decedent was a patron of Cyberzone nightclub where he purchased and
consumed Ecstasy from a fellow patron. The decedent was allegedly
thrown out of the club around 5:30AM by club employees, but they made
no attempt to assist him or call for medical assistance. The decedent was
pronounced dead at Orlando Regional Medical Center around 6:55AM.
Prior to the decedent's overdose, 5 overdoses allegedly occurred at
defendant nightclub and the nightclub had received notices of nuisance
abatement. The decedent's father, as personal representative of
decedent's estate, filed suit against the defendant nightclub alleging
negligence because it was on notice of patrons overdosing but failed to
take minimal steps to safeguard patrons.
1,100,000.00$ Settlement MVA Rear-End Collision
Defendant was operating a vehicle owned by his mother (the named
insured under a Liberty Mutual Ins. Company policy and other named
defendant). The plaintiff and her 4-year-old son, the decedent, had been
traveling in same direction and ahead of the defendant driver when she
slowed to make a left turn. The defendant, who was allegedly intoxicated
at the time, failed to notice the plaintiff's slowed vehicle and rear-ended
her, resulting in decedent's death and her injuries. Liberty Mutual insured
the defendants' vehicle with split limits of liability in the amounts of
$10,000/$20,000. The plaintiff took the position that the vehicle was being
operated with the permission and consent by defendant's mother and
coverage applied for this accident. Prior to the statute of limitations
expiration, plaintiff's counsel attempted to resolve the claim within liability
limits to no avail, so plaintiff's counsel filed suit. The defendants plead
comparative negligence as a defense and that defendant driver did not
have permission to be driving the vehicle, they also claimed that the action
was barred by statute of limitations, accord, satisfaction, compromise, and
settlement.
-$ Defense Med Mal
Failure to
Diagnose/Treat
Decedent presented to the defendant medical office and defendant
physician for medical care pertaining to a large left thigh bruise with
concomitant edema of the left lower extremity. The decedent received
treatment from the defendant physician during which he failed to order
deep vein thrombosis (DVT) prophylaxis or recognize that the decedent's
condition was not improving. The decedent died of a pulmonary embolism
about a month after ending treatment with the defendant. The decedent's
husband, as personal representative of her estate, filed suit alleging that
the defendant physician breached his duty to decedent and deviated from
the prevailing standard of care by negligently failing to observe decedent's
bruise, failing to order DVT prophylaxis, and failing to recognize that the
decedent's mobility was not improving. The plaintiff also claimed that the
defendant medical facility was vicariously liable.
2,350,000.00$ Settlement
Violation of Civil
Rights
Deliberate
Indifference to
Medical Needs of Jail
Inmate
Decedent was arrested for discharging a firearm in public when numerous
witnesses noted he was acting psychologically unstable. The decedent was
booked into the Osceola County Jail and placed in general population
instead of being placed in isolation or transported to a medical facility for
psychological evaluation. The morning after his arrest, the decedent and a
correctional officer delivering laundry were involved in a minor altercation
where the decedent shoved the CO. The plaintiffs, on behalf of the
decedent, claimed that for approximately 45 minutes, the decedent was
beaten by numerous COs, dragged from his cell, and was chained and
belted into a "restraint chair". While in the chair, the decedent was beaten
and one CO placed a towel over his mouth and chin and hyperextended his
neck, causing a brain stem injury and internal bleeding. After the decedent
went unconscious, jail nursing employees allegedly failed to establish an
effective airway, failed to provide timely and effective resuscitation,
demonstrated and inability to operate their equipment, and delayed
contacting outside emergency personnel (by the time EMS arrived,
decedent was in a cardiorespiratory arrest with no present vitals). The
decedent was removed from life support after 7 days without regaining
consciousness. 3 involved COs were criminally charged for their roles in the
decedent's death. The defendant claimed that the decedent did not die
from the towel injury, but a case of Bell's Mania where a confined person
with psychiatric difficulties struggles with almost superhuman strength
against restraint until the heart gives out.
1,408,000.00$
CN: Plaintiff 39%;
Defendant 61% MVA
Gov't
Vehicle/Pedestrian
Collision
Judgment reduced to $858,880 for CN. The decedent was crossing at an
intersection when she was struck and killed by an Orange County Fire
Department delivery van driven by one of its firefighters not driving in an
emergency situation. The mother of the decedent sued Orange County on
behalf of her daughter's estate on a theory of vicarious liability for the
negligence of its firefighter. The plaintiff claimed that the decedent was
visible in the roadway and that had he not been speeding and making an
unsafe lane change, the firefighter would have had more than ample time
to see the decedent and avoid her (decedent was thrown 48ft. through the
air and tumbled 52 more feet along the pavement). The defendant denied
that the firefighter was speeding and argued that the girl was at fault for
running out into the middle of the road right into the path of the van late
at night with dark clothing on, making her harder to see (the plaintiff's
meteorologist claimed there was sufficient visibility for the driver to be
able to spot decedent). The defense also contended that the girl was at
fault for not using the crosswalk which was approximately 637ft. north of
the accident and that the mother was at fault for failing to supervise her
daughter.
-$ Defense Doctor Mal Diagnosis
Decedent died of cardiac arrest the day she presented to the defendant's
ER with symptoms of chest pains, shortness of breath, and radiating pain.
The plaintiff contended that the defendant physician and defendant
hospital negligently and wrongfully diagnosed her condition as
hyperventilation and asthmatic bronchitis, failed to order the proper tests
to diagnose her condition, failed to monitor her physical signs,
prematurely released her from the ER with a life-threatening condition,
and failed to provide the standard of care. The defendants denied liability
and contended that they complied with the standard of care and that the
negligence of the decedent was the cause of her death.
3,006,200.00$ Plaintiff
Violation of Civil
Rights
Negligent Medical
Care Given to Inmate
at State Correctional
Institution
The personal representative of the decedent sued the State of FL
Department of Corrections and prison physician, alleging that the
defendants were negligent in failing to render proper treatment for the
decedent's alleged pneumonia, resulting in his death. The defendant
argued that the decedent's death stemmed from atrial fibrillation (a Fib)
which could not have been predicted/prevented. The decedent was
serving an 18-month sentence in the Jackson County Correctional
Institution in Marianna when he was given the oral antibiotic Keflex for flu-
like symptoms and that documentations showed that the decedent was
not eating/drinking and became dehydrated and experienced shortness of
breath, chest pain on inhalation, and nausea (decedent had a charted
history of tuberculosis (TB) approximately 10 years earlier which damaged
the upper lobe of his lung making him more susceptible to pneumonia).
-$ Defense Doctor Mal
Negligent Postsurgical
Monitoring
Decedent died while in the care of the defendant physician and medical
group while undergoing gastric bypass surgery. The plaintiff contended
that the defendants performed the surgery in a negligent manner,
resulting in an anastomotic leak and an ischemic small bowel, failed to
monitor decedent's condition post-surgery, and failed to provide the
proper standard of care. The defendants denied liability.
145,000.00$ Settlement Doctor Mal
Negligent Postsurgical
Monitoring
Decedent died of multisystem failure after gastric bypass surgery was
performed by the defendant in the co-defendant hospital. The plaintiff
contended that the defendants were negligent, failed to perform proper
diagnostic tests, failed to insist upon more timely intervention, and failed
to provide proper standard of care. The defendants denied liability.
2,000,000.00$ Settlement School Negligence Sports
The defendant in this case was the Florida State University (FSU). The
decedent was male football player who died of possible cardiac arrhythmia
after an early morning workout at the defendant FSU. The plaintiffs
contended that defendant was negligent, failed to properly supervise the
athletes, failed to provide enough liquids or adequate rest time during
exercises, and failed to provide the necessary medical attention. The
defendant denied liability and contended that the decedent had tested
positive for sickle-cell trait and that sudden deaths have been known to
occur in healthy, athletic males with the trait.
3,373,000.00$ Plaintiff Med Mal
Failure to
Diagnose/Treat
The defendant in this case was Professional Park Pediatrics. The plaintiffs
of the decedent newborn claimed that the doctors employed by the
defendant pediatrician association prematurely discharged the infant from
the hospital and that the defendant pediatrician negligently failed to
hospitalize him when he presented with breathing difficulties 4 days post-
birth. The plaintiffs claimed that hospitalization would have led to the
diagnosis and treatment of infant's pneumonia and would have prevented
the baby's death from a hypoxic brain injury at 5-days-old. The defendants
maintained that the newborn was appropriately discharged from the
hospital and treated on an outpatient basis, that there were no clinical
signs of pneumonia, and that the baby's death stemmed from unknown
causes. The decedent infant was born 5 weeks prematurely with a
deviated septum.
-$ Defense Hospital Mal Diagnosis
The defendant in this case was Tallahassee Memorial Hospital. The
decedent infant died at the defendant hospital where he was confined
since premature birth. The plaintiff contended that the defendant failed to
provide an adequate staff with the skill and knowledge to properly
diagnose her cardiac condition, failed to perform proper diagnostic testing,
and negligently damaged her pericardial sac, which resulted in cardiac
tamponade and subsequent death. The defendant denied liability.
3,000,000.00$
CN: Plaintiff 33%;
Defendant 66% Products Liability
Tobacco/Business
Fraud
Decedent died due to lung cancer after she became addicted to cigarettes
containing nicotine designed, manufactured, advertised, and marketed by
the defendant RJ Reynolds Tobacco Company. The decedent's estate
contended that the defendant either concealed or omitted known material
facts concerning the health risks and addictive nature of smoking
cigarettes and that the defendant and other cigarette companies
conspired to conceal the health risks and addictive nature of smoking,
warranting punitive damages. The defendant purportedly denied liability.
This case was part of the FL Supreme court's class action mandate in Engle
v. Liggit Group Inc.
-$ Defense Doctor Mal Diagnosis
The defendant in this case was Tallahassee Memorial Hospital. The
decedent died of a cerebral edema while in the care of the defendants for
a severe headache. The plaintiff contended that the defendant failed to
properly diagnose and monitor the decedent's medical condition, failed to
timely and properly advise health care providers of a report that showed
the decedent's cerebral edema, and failed to properly provide the proper
standard of care. The defendants denied liability and contended that their
care of the decedent was within acceptable medical standards at all times.
-$ Defense MVA Auto/Bicycle Collision
Decedent died when his bicycle was struck by a Leon County Sherriff's
Office patrol car operated by a nonparty employee of the defendant LCSO
on a public roadway. The plaintiff invoked the doctrine of respondeat
superior and contended that the defendant's nonparty employee operated
the patrol car in a negligent manner and failed keep a proper lookout. The
defendant denied liability and contended that the plaintiff rode the bicycle
into path of the patrol car at night without lights or reflectors. The
defendant further contended that the plaintiff was wearing dark clothing,
failed to wear a helmet, and was trying to operate a cell phone at the time
of the accident.
-$ Defense Clinic Negligence Diagnosis
Minor decedent presented to defendant with chronic breathing problems
and was seen by multiple employees of defendant, including two
defendant physicians, and suffered a fatal cardiac arrest while participating
in a high school track event. The decedent's estate contended that, after
sending decedent to a pulmonologist and ruling out pulmonary or allergic
reaction, no further action was taken to determine the cause of the
patient's breathing issues, nor was he restricted from participating in
sports. An autopsy revealed that the boy suffered from a congenital heart
problem, which a cardiologist would have diagnosed and treated. The
decedent's estate maintained that defendants failed to refer the decedent
to a cardiologist, failed to consider a differential diagnosis of cardiac issues,
and provided pediatric care below standard. The defendants denied
liability.
-$ Defense Med Mal Negligent Treatment
The defendant in this case was Capital Regional Medical Center. A disabled
decedent was admitted to the defendant hospital. On the 3rd day of
hospitalization, the decedent complained of back and side pain and was
given Fioricet with codeine and, approximately 2 hours later, the decedent
complained that he was unable to breathe and clutched his chest. He died
shortly after. On behalf of decedent's estate, the plaintiff sued CRMC for
medical malpractice, contending that doctors knew that decedent was
allergic to codeine. The defendant claimed that the codeine was not the
proximate cause of decedent's death, that nurses who monitored him an
hour before his death claimed he was fine, that decedent never mentioned
codeine allergy, and that a pre-existing heart condition including a valve
replacement was the cause of death (autopsy revealed a 90% occlusion of
the left anterior descending coronary artery, thickened heart wall muscle,
and an enlarged heart).
-$ Defense Police Negligence
Failure to Provide
Medical Attention
Decedent died after an incident where he was arrested by officers
employed by the defendant Tallahassee Police Department (TPD). The
plaintiff contended that the defendant's police officers failed to obtain
medical assistance for the decedent, who began vomiting inside of the
police vehicle after he was taken into custody, that they failed to report
this illness to their superiors, and that they waited an excessive amount of
time before seeking medical attention for the decedent. The defendant
denied liability and claimed that at the time the incident occurred, the
decedent was involved in illegal drug activity, ingested the drugs to hide
them from the police, failed to inform the arresting officers that he had
ingested a harmful substance, and that they had no knowledge that he was
in physical danger.
4,250,000.00$ Settlement Doctor Mal Diagnosis
Decedent died after he presented to the defendant health care providers
at the co-defendant hospital with an abdominal rash and abdominal pain.
The plaintiff contended that the defendants failed to timely and properly
treat the condition, that they failed to diagnose the decedent's chicken
pox and negligently allowed his condition to worsen, that they failed to
continue his asthma medication along with IV antiviral medication for
chicken pox, and that they failed to provide the proper standard of care.
The defendants denied liability and contended that nothing they did or
didn't do contributed to decedent's death.
325,000.00$ Settlement
Violation of Civil
Rights
Use of Excessive Force
by Gunshot
Decedent was in the parking lot of a business when police heard "shots
fired" over the radio in the vicinity of the business where he was parked.
Law enforcement arrived at the parking lot and approached the decedent's
vehicle. He tried to drive away but officers blocked all entrances and exits.
As he was attempting to vacate the parking lot, officers shot at the
decedent, which ended up killing him. 2 handguns and suspected crack
cocaine were found in the decedent's car. The officers involved were
cleared of wrongdoing in both an internal investigation and by a Leon
County grand jury. The estate of the decedent filed a civil rights action for
excessive use of force. The defendants claimed that the use of deadly force
was reasonable because decedent had refused to get out of his vehicle,
drove his vehicle into a parked car, and had almost struck an officer with
his vehicle.
-$ Defense Med Mal Diagnosis
Decedent was a medical patient of the defendant medical group and
defendant physicians. The plaintiff estate contended that the defendant
physicians failed to perform an urgent abdominal x-ray, an urgent
abdominal CT scan, a colonoscopy, start antibiotics, and failed to diagnose
a bowel perforation. The plaintiff contended the medical facility was
vicariously liable for its employees' actions. The defendants denied liability.
1,000,000.00$ Plaintiff Airplane Crash Wrongful Death
Decedent was a passenger in a state-owned airplane and was killed as a
result of a crash when the plane's left wing clipped a 90-ft pine tree 1.5
miles from the airport in St. Augustine. Suit was brought against the state
under the virtue of the "unrelated works exception".
130,000.00$ Settlement Negligence Wrongful Death
Decedent was killed by throwing gasoline on a fire after purchasing gas in
an unapproved, unmarked container. His cause of death was dying in
surgery after receiving 2nd and 3rd degree burns over 40% of his body.
-$ Defense Negligence Government
Decedent was pulled over by Tallahassee Police Department (TPD) for
playing loud music. The decedent consented to a search where officers
found marijuana in the ashtray and he was taken to a jail operated by the
Leon County Sheriff's Office at 2:30AM. Around 4:00AM, the decedent
started to seize and he was taken to Tallahassee Memorial Hospital where
he died around 5:00AM from the ingestion of a baggie of cocaine. The
decedent's estate sued the City of Tallahassee for the police officers'
negligence claiming that they should have know that decedent had
ingested cocaine pointing to behavior of decedent during the arrest
(running away from officers, vomiting in the back of the police car). The
defense counsel disputed that the police officers had notice of decedent
ingesting cocaine, that he did not vomit in the back of the police car but
was drooling and they found marijuana, not cocaine, so they expected him
to be under the influence of marijuana.
2,210,000.00$ Plaintiff Prisoner Escape
Shooting of Park
Ranger
2 inmates were being transferred from Holmes Correctional institution to a
physician's office in Bonifay to have their vision checked when they
escaped, taking the guard's gun and a homemade knife with them. The
inmates kidnapped and sexually assaulted a woman (who escaped) and
shot a park ranger in the National Sea Shore Park, resulting in the ranger's
death. The estate of the park ranger brought suit upon the negligent
failure to search the inmates and failure to adequately secure the inmates
or prevent the foreseeable escape and harm to decedent by the inmates.
The inmates had previous escape histories and were classified as high-risk
for escape.
700,000.00$ Settlement Med Mal Breast Cancer
Plaintiff had a family history of premenopausal breast cancer, so she had
annual mammograms and gynecological exams by her family practitioner.
In 1991, breast masses were found in the right upper outer quadrant and a
mammogram showed suspicious structure. The radiologist said there was
no change and to continue to watch the masses. Subsequent contacts with
the family practitioner regarding a change of symptoms and growth of a
lump produced no exam. In 1992, the cancer and metastasis to the bone
were diagnosed 1 day after plaintiff's wedding. The defendants disputed
cause of action of the husband, on the theory that he had married into the
action.
-$ Defense Products Liability Defective Design
Decedent was an underwater cinematographer who died while filming for
National Geographic. The widow of the decedent sued the maker of
decedent's rebreather claiming negligence, product liability, and failure to
warn after he perished during a dive. The defendant denied that oxygen
sensors in the rebreather were defective and claimed that the decedent
was inexperienced with rebreather diving and was neither trained nor
certified on the equipment as required by manufacturer.
11,500,000.00$
CN: Plaintiff 70%;
Defense 30% Tobacco Wrongful Death
Judgment reduced to $1.5mil. The decedent was a smoker for more than
50 years when she died from lung cancer. The children of the decedent
filed suit against RJ Reynolds, accusing the company of responsibility for
their mother's nicotine addiction and cancer through their concealment of
the dangers associated with smoking.
700,000.00$ Settlement MVA Wrongful Death
Decedent ran into the rear of a disabled vehicle in his lane causing death.
All lights on the section of the highway that decedent was driving on,
including the construction project area, were not functioning at the time.
375,000.00$ Plaintiff Medical Negligence Wrongful Death
Decedent infant died after a 2nd physician, thinking baby was healthy, did
not tell nurses that 1st physician had warned of the possibility of sepsis
and respiratory distress causing death.
475,000.00$ Settlement Employee Safety Wrongful Death
Decedent was a construction worker who suffered fatal injuries after
falling from a 2nd floor balcony while in the capacity of being a laborer.
1,200,000.00$ Settlement Medical Negligence
Undiluted
Nitroglycerin
Decedent died on the table during an elective open heart surgery when he
was dosed with undiluted nitroglycerin.
400,000.00$ Plaintiff Medical Negligence Ulcer
Action was brought against a physician who gave the decedent Percodan
after open heart surgery with the result that the drug triggered his ulcer
problems leading to his death.
3,000,000.00$ Settlement Products Liability Car Collision
Suit was filed after a low speed head-on auto collision which killed the
decedent due to negligent design of a Camaro from a pillar that deformed
upon impact.
1,000,000.00$ Settlement Products Liability Wrongful Death
Decedent was a construction worker when defendant's model 512 material
lift improperly raised about 12ft causing it to fall over backwards and strike
decedent causing death.
625,000.00$ Settlement Aviation Wrongful Death
Decedent was a flying instructor who was killed when his aerobatic trainer
crashed.
475,000.00$ Settlement MVA Wrongful Death
Decedent lost control of his vehicle and drove into a power pole due to
defective retread on a tire.
1,924,027.99$
top related