Florida Injury Lawyer Blog

Stryker Settles Faulty Hip Replacement Lawsuits for $1B

November 30, 2014 | Associates and Bruce L. Scheiner

Patients who endured pain, suffering and additional surgeries as a result of faulty hip replacements manufactured by medical device maker Stryker will receive an average of $300,000 in a landmark mass tort settlement wherein payout is expected to exceed $1 billion.

According to media reports, the settlement is on behalf of an estimated 3,000 patients implanted with the Stryker Rejuvenate and ABGII modular hip implants. Those who suffered complications during additional revision surgeries will be eligible to receive additional compensation. Compensation is also available for those who require revision surgery, but are not medically cleared for the procedure. There is no overall cap for the settlement, and claimants are expected to begin receiving awards beginning next summer.

A previous settlement reached with DePuy last year was capped at $4 billion.
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DeMarco v. Travelers Ins. – Wrangling With Auto Insurers

November 29, 2014 | Associates and Bruce L. Scheiner

The plaintiff in DeMarco v. Travelers Ins. Co. has been waiting for compensation from an auto insurance company for more than a decade. The man was severely injured as one of two passengers in a single-vehicle crash in September 2003 when the driver negligently struck two utility poles.

Only this past month did he finally receive that compensation – for nearly three times the insurance policy limit of $1 million.

Although the outcome of the case was favorable to plaintiff, it shows how difficult it can be to negotiate with insurance companies, even when claims are reasonable and legitimate. In this case, plaintiff’s attorney offered multiple times prior to the conclusion of this case to settle for the policy limits. However, court records indicate the insurer for years denied the claim, dragged its feet and stalled action on the matter.
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Allstate v. Manzo-Pianelli – Permissive User and Umbrella Coverage

November 28, 2014 | Associates and Bruce L. Scheiner

Umbrella insurance policies can be a great resource for those who have suffered injury as a result of a crash caused by a negligent driver – assuming that driver is covered under the umbrella policy.

Umbrella insurance is extra liability insurance offered to protect people from major claims and lawsuits. It can kick in when other polices have been exhausted, and usually can help to ensure victims of automobile negligence are fully compensated. That’s because although injury victims can personally sue an at-fault driver for injuries, it’s unlikely their pockets will be deep enough to cover what could end up being tens or hundreds of thousands of dollars in medical bills, lost wages and ongoing care needs.
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Highway Guardrail Dangers Exposed at Trial

November 24, 2014 | Associates and Bruce L. Scheiner

A Texas jury has found the manufacturer of highway guardrails guilty of secretly altering system designs in order to save money, at the risk of putting drivers and passengers at grave risk of injury and death.

In a lawsuit brought under the False Claims Act by a competitor, it was found the company made changes to the end pieces of steel on the rails made from 2002 to 2005 without notifying the Federal Highway Administration (FHWA) as mandated. The move saved the company about $2 per rail, but also resulted in making the guardrails potentially dangerous. Rather than acting as a shock absorber, the guardrails effectively became spears, slicing through the length of vehicles, killing and maiming those inside.

The jury ordered the company, Trinity Industries, to pay $175 million for defrauding the government. Under federal statutes, that amount will be tripled to $525 million, to be split between the government and the whistleblower.
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Moody v. Dorsett – 2nd DCA Reverses Order Denying Auto Insurance Set-Off

November 22, 2014 | Associates and Bruce L. Scheiner

Car accident victims in Florida are entitled to collect compensation for damages they incur for medical bills, lost wages and pain and suffering.

But whatever they collect from their own insurer in accordance with the state’s no-fault personal injury protection (PIP) laws can act as a “set-off” for the at-fault driver if he or she is later ordered to pay damages. The idea is to prevent double-recovery for the same injury.

So for example, if one has $10,000 in personal injury protection from his own insurer and is later found to be entitled to $15,000 in compensation from the at-fault driver/insurer, defendant can seek a set-off of the original payment so that defendant would only be required to pay $5,000.
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Mattox v. Life Care Centers of America – Nursing Home Fall Lawsuit

November 20, 2014 | Associates and Bruce L. Scheiner

Older adults are not only more prone to suffer falls, they are more likely to incur serious and lasting physical harm as a result of a fall.

According to the U.S. Centers for Disease Control and Prevention, a typical nursing home with 100 beds reports 100 to 200 falls a year. However, it’s important to note many falls are never reported. Most patients fall more than once, and about 35 percent of those who suffer falls in nursing homes can’t walk. An estimated 1,800 nursing home residents die as a result of falls annually.

Most of these incidents are largely preventable. Nursing home staffers know or should know who is at risk of falling, and take appropriate preventative measures. That is exactly what plaintiffs in Mattox v. Life Care Centers of America, Inc. alleged did not happen. Plaintiffs contend their 88-year-old mother suffered a fall as a result of negligent care. Her health rapidly deteriorated soon after the fall, and she died the following day in the hospital.
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Defective Air Bag Recall On Track to Be Largest Ever

November 10, 2014 | Associates and Bruce L. Scheiner

As an Orange County woman lay dying in the intensive care unit of an Orlando hospital last month following a horrible car accident, detectives were perplexed by the stab wounds on her neck. Multiple wounds that were later cited as contributing to her death.

But it wasn’t until a week before she died that detectives got a break: In her mailbox. There, they discovered a letter form the dealership where she purchased her vehicle. The letter encouraged her to have the vehicle repaired immediately, as faulty airbags could result in the airbag exploding.

Her death was the third of at least four that so far have been tied to the Takata airbag recall that has the potential to affect 14 million vehicles made by 11 auto manufacturers worldwide. Instead of protecting drivers in the event of a crash, the airbags apparently explode in a burst of shrapnel that is sent flying into the neck, head and chest areas. So far, federal safety regulators have issued an unusually stern warning to the owners of some five million vehicles, urging them to have their airbags repaired “immediately.” Recall of another three million is expected to be announced in short order.
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Green v. Johnson – Multiple Insurance Agencies in Motorcycle Death Claim

November 8, 2014 | Associates and Bruce L. Scheiner

Unless a crash involves a single vehicle and a single driver, it’s very likely those involved are going to be dealing with multiple insurance companies, to varying degrees. None are going to be especially eager to offer a fair settlement.

Negotiating with just one insurance company can be a challenge. With multiple insurance policies and agencies, it’s important to have a legal advocate who can serve as your assertive voice in the fight to obtain the compensation you deserve.

In the recent case of Green v. Johnson, the claim stemmed from a motorcycle accident in which a young man and father of two was killed. The children’s mother (the decedent’s girlfriend) sought compensation from multiple insurers on behalf of the children. It was not an easy battle. However, the Louisiana Supreme Court recently ruled in her favor with regard to one of those insurance companies, which had denied uninsured motorist coverage on the grounds decedent was not an insured.
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Antico v. Sindt Trucking, Inc. – Cell Phone Data Access After Truck Crash

November 6, 2014 | Associates and Bruce L. Scheiner

In an increasing number of crash-related injury lawsuits, both plaintiffs and defendants are seeking cell phone records from the other side. The interest is not so much with the content (although in some situations, that is relevant). Rather, the greater relevance is the determination of whether an individual was using his or her smartphone at the time of the crash.

If this is true, at the very least it could establish comparative fault by a plaintiff, which could result in loss of some portion of damages, even if litigation ultimately results in his or her favor. However, it could go far in proving total fault of plaintiff, which could result in the dismissal of the case. On the other hand, if the records sought belong to defendant, evidence of cell phone distraction behind the wheel could be a powerful tool for a plaintiff attorney seeking damages for the crash.

In the recent case of Antico v. Sindt Trucking, Inc., plaintiff is the widower/personal representative of the estate of a woman killed in a trucking crash in Northern Florida. Defendants, however, contend decedent was at fault – at least to some degree – for the crash because she was distracted by her iPhone.
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Pedestrian Injury Gives Rise to Premises Liability Lawsuit

November 4, 2014 | Associates and Bruce L. Scheiner

A pedestrian who was injured on a public street by a wrong-way cyclist on a delivery later filed a premises liability lawsuit against, among others, the construction company and the owner of a private building under renovation.

The crux of the argument in Bufkin v. Felipe’s Louisiana before the Louisiana Supreme Court hinged on whether the vision-obstructing trash bins placed in public parking spaces constituted a hazard that was open and obvious, therefore negating the company’s duty to warn the public of possible danger.

Ultimately, the court ruled in favor of the construction firm, finding the large metal trash containers were not inherently dangerous and further were open and obvious in a way that required people encountering them to take reasonable precautionary measures to avoid injury when crossing the street.
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