Personal Injury

Cefaratti v. Aranow – Surgical Sponge Left in Patient Prompts Injury Lawsuit

June 10, 2016 | Associates and Bruce L. Scheiner

In 2013, USA Today published a startling statistic: Twelve times every single day, surgeons sew up a patient with surgical sponges and other supplies mistakenly still inside. In some cases, patients become very ill as a result. Some do not survive.

But discovering the exact source of internal pain (usually abdominal) is often a process. Although in some cases, these “retained surgical items” include clamps, forceps or other hardware, they are most often the gauzy sponges doctors use during surgery. The incidents are referred to in the medical community as “never events,” as they are simply never supposed to happen.

And yet, it’s an ongoing problem. Consider the recent Connecticut Supreme Court case of Cefaratti v. Aranow. Central to this case was the question of the statute of limitations and whether the “continuing course of treatment” extended the timeline plaintiff had to file her claim. Continue reading ›

Bill: End Mandatory Arbitration Blocking Court Access

May 23, 2016 | Associates and Bruce L. Scheiner

Mandatory arbitration agreements have become so commonplace, it’s often almost a given that people will enter them any time they:

Purchase a product;
Renting a car;
Seek admission into a nursing home;
Enter a facility/ venue.

These agreements serve to block access to a dispute resolution through the civil court system, instead requiring anyone with a problem to seek redress through a skewed arbitration system in which arbitrators view corporations as their “clients.” Continue reading ›

Nielsen v. Bell – Child Negligence in Injury Lawsuit

May 10, 2016 | Associates and Bruce L. Scheiner

Although children are typically the victims in injury lawsuits, they can sometimes be the ones who cause injuries.

The question of whether parents may be held liable will depend on a number of factors, including:

The age of the child;
The child’s developmental ability to exercise caution;
Child’s mental capacity;
Specific details of the accident.

In general, Florida law holds that children under 6 are incapable of negligence – including comparative negligence for their own injuries. In cases where children are found negligent, parents – who are legally responsible for the children – may be held vicariously liable due to the legal theory of respondeat superior (Latin for, “Let the master answer”). But parents can’t be held vicariously liable unless there is a legitimate claim of liability against a child.

A recent case before the Utah Supreme Court asked the court to consider: How young is too young to be negligent? Continue reading ›

Fenimore v. Regents of Univ. of Cal. – Hospital Fall Injury Lawsuit

April 18, 2016 | Associates and Bruce L. Scheiner

The family of an elderly man who died after suffering a fall soon after his admission to a hospital will have the opportunity to pursue elder abuse claims against the facility and staff for alleged negligence and wrongful death.

In Fenimore v. Regents of Univ. of Cal., a lower court had sustained a demurrer requested by the defense, which would have blocked this cause of action. However, the California Court of Appeals, Second Appellate District, Division Eight, reversed, finding trial court shouldn’t sustain a demurrer when plaintiff has a stated cause of action under at least one viable legal theory – and there were several in this case.

Cases like this require an experienced and dedicated injury lawyer to determine the best course of legal action. Anytime a claim involves a medical facility – even if it does not involve medical negligence – must be approached with careful strategy. Continue reading ›

Roberts v. T.H.E. Insurance Co. – Hot Air Balloon Ride Injury

April 10, 2016 | Associates and Bruce L. Scheiner

Numerous Florida companies offer hot air balloon rides to residents and tourists alike. But when operators are not properly trained or fail to exercise due caution, accidents can occur.

You may recall in the spring of 2013, when pro football player Donte Stallworth was one of two seriously injured in a Florida hot air balloon accident in Miami after their balloon plunged to the ground after running into power lines.

More recently – and far less high-profile – was a hot air balloon injury case in Wisconsin, where a woman was injured when a company offering tethered hot air balloon rides failed to properly secure the balloon on a windy day. In Roberts v. T.H.E. Insurance Co., plaintiff alleged she suffered compensable injuries when she was knocked to the ground by the rogue balloon basket while waiting in line for a ride.

The two primary defenses raised by the company in this case were:

Recreational Immunity
Waiver of Liability

Both fell flat, as far as the Wisconsin Supreme Court was concerned. Continue reading ›

Manfre v. Shinkle – Horse in Road Liability Lawsuit

February 25, 2016 | Associates and Bruce L. Scheiner

Most horse owners and caretakers do their best to properly restrain and confine horses and livestock. These animals are expensive to purchase and maintain and for many people, they are also beloved pets.

However, if these animals do make their way onto a public road, they put the public at serious risk of injury or death. The average horse weighs between 840 to 1,210 pounds, and the average cow weighs nearly a ton. Striking an animal that size – even at a relatively low speed – can result in major damage to one’s vehicle and person.

In these situations, who is responsible? Injury victims may have several options, depending on the circumstances. But in the recent case of Manfre v. Shinkle, Florida’s Fifth District Court of Appeal determined plaintiff couldn’t hold the local sheriff’s office accountable. Continue reading ›

Richmond v. Volk – Misnomer vs. Misjoinder in Personal Injury Lawsuit

February 18, 2016 | Associates and Bruce L. Scheiner

In any personal injury lawsuit, it’s imperative that plaintiff identify all relevant defendants to the claim and then properly name those individuals in the lawsuit.

It seems like a fairly standard, straightforward directive. But a simple typo can have serious consequences to a case, and plaintiffs need to know their attorneys have adequate experience and staff necessary to ensure such a mistake doesn’t happen.

Recently, this issue was before the Virginia Supreme Court in the matter of Richmond v. Volk. Continue reading ›

Cisson v. C.R. Bard – Court Affirms $2M Verdict

February 14, 2016 | Associates and Bruce L. Scheiner

The U.S. Court of Appeals for the Fourth Circuit upheld a $2 million verdict in Cisson v. C.R. Bard in favor of a plaintiff who had to undergo painful revision surgery due to a faulty transvaginal mesh implant.

Unfortunately, a significant portion of that damage award will go straight to the state of Georgia, and not to the plaintiff. The reason has to do with the fact that state has a provision entitling taxpayers to 75 percent of whatever is recovered through punitive damages. In this case, $1.75 million of the damage award was for punitive damages, while $250,000 was for compensatory damages.

(Punitive damages are those which are intended to punish the defendant, while compensatory damages are intended to compensate the victim for actual losses.) Continue reading ›

Espinoza v. Arkansas Valley Adventures – Tourist Injury Lawsuit

February 12, 2016 | Associates and Bruce L. Scheiner

Fort Myers is a tourist destination, and those engaging in an array of outdoor activities – kayaking, parasailing, waterskiing, skydiving, boating, hiking, bicycling and more – are taking on some level of inherent risk.

When these trips are part of organized events, participants assume a degree of risk by choosing to be involved. Legally, this is called “assumption of risk.” However, this does not absolve companies from taking reasonable measures to keep customers safe. That involves abiding industry standards as well as local laws and regulations.

When a person is injured in these type of activities, it’s important for tourists to consult with a local personal injury attorney, familiar with Florida civil law. Continue reading ›

Firestone v. Temple Beth Shalom – Statute of Limitations on Florida Civil Sex Abuse Cases

February 4, 2016 | Associates and Bruce L. Scheiner

The sexual abuse of minors is not only a gravely serious criminal act, it is also grounds upon which victims may seek damages in civil court. In many cases, it is not only the offender who is named, but also the company or institution at which the alleged abuser was employed. This is for a number of reasons, including:

Employers may be vicariously liable for the wrongs of employees;
These entities also separately owed a fiduciary duty to the victim.

An example would be a lawsuit against a school district for abuse suffered by a student from a coach on school grounds. The school would be vicariously liable for the actions of its employee, but it also separately owes a direct duty to adequately supervise and protect the student. Continue reading ›