Florida Personal Injury Lawyer Blog

Ana and Rodolfo Santana were brought to tears Friday, September 9th when a Palm Beach County jury awarded them 4.5 million dollars, half of what the family was asking for, to provide medical care for the duration of their son's life. Bryan Santana's life expectancy is a healthy 70 years old, and the funds awarded will ensure that he is cared for in the duration of his life and will cover prosthetic limbs.

“The money awarded to the Santana family will help Bryan live a normal life,” Weisser said. “Properly read sonograms would have clearly shown that Bryan was going to be born without three limbs - the doctors responsible were clearly negligent and blatantly misread ultrasounds.” Doctors should be held accountable for their actions, especially when the livelihoods of regular families in Florida are being harmed.

The Santana family chose not to ask money for pain and suffering, instead stating the money is solely for Bryan. “We are happy knowing that our son will live a more normal life, thanks to the funds awarded by the jury in the suit,” Ana Santana stated.

After careful review of the Santana family's details, Jason Weisser decided to take on the case to bring justice to innocent families harmed by negligent doctors. Recently being awarded Best Medical Malpractice Attorney in the State of Florida, Weisser is an experienced attorney properly prepared to defend the people in the courtroom.

Continue reading "Family Awarded 4.5 Million After Baby is Born Disconfigured" »

Side impact collisions or “T-Bone” collisions as they are commonly called, are more likely to be fatal than front or rear end accidents of similar force. This is because the side of the vehicle is usually far less protected, therefore less protection for the passengers inside the vehicle. Although side air bags can help, unfortunately they offer little help in a serious broadside crash.

Early one morning, the victim in this Florida automobile accident case was traveling south in the far outside lane of Lawrence Road in Boynton Beach, Florida, when a vehicle traveling west on Minor Boulevard turned in front of the victim’s vehicle and collided with the passenger side of her car. The impact was so great that it pushed the victim’s car into a telephone pole which then bent and fell into her vehicle. It took approximately six hours to get the pole off of her vehicle and left the neighborhood without power for eight hours. The other driver in this accident was cited by the Boynton Beach Police Department for violation of right of way.

The victim cannot remember the accident and thinks she was unconscious when the ambulance came and transported her to JFK Hospital for injuries to her head, neck, back, right side, right leg and left knee. Testing was performed and the victim was diagnosed with cervical strain and a closed head injury. She was sent home, only to return a few hours later in severe pain and she was prescribed medication.

The victim followed up on her treatment with a chiropractor with complaints of neck pain, low back pain, mid-back pain and headaches. She felt no relief and the pain became worse causing her to seek treatment from an orthopedist. Her initial treatment with this physician was with chief complaints of neck and upper back pain. After an initial evaluation, the orthopedist noted restricted, painful flexion, extension and rotation by approximately 20 to 30 degrees in each direction. He also noted tenderness over the trapezius where there is moderate spasms, as well as over the paraspinal musculature. The victim was prescribed Vicodin for pain, Medrol Dosepak for inflammation, Flexeril for muscle spasms and referred to a pain management specialist, who noted symptoms and signs on physical exam consistent with left cervical facet mediated pain as a result of the motor vehicle accident. She was placed on Naprosyn as well as Robaxin for muscle spasms. In addition, trigger point injections in the left trapezius muscle were performed, along with a left C3-4, C4-5 and C5-6 medial branch blocks for treatment of her left cervical facet-mediated pain.

Continue reading "T-Bone Crash in Boynton Beach, Florida Leaves Victim With Severe Head and Neck Injuries, Among Others" »

Across the country, tractor trailer accidents are happening at an increasingly alarming rate, and the consequences can be very devastating for the unsuspecting victims.

The victim in this Jacksonville truck accident case was a husband and father of three children at the time of this accident. He was traveling southbound on U.S. 1 and slowing down as he approached a red light at the intersection of State Road 104 when he was violently rear-ended by the driver of an 18 wheeler.

According to an accident reconstructionist, the other driver was traveling 53 miles per hour and did not hit his brakes at all prior to the impact with the victim’s vehicle. At the speeds calculated, the other driver would have needed only 2.5 seconds to stop his vehicle prior to the impact with the back of the victim’s vehicle. As a result of his complete failure to activate the brakes, he struck the rear of the victim’s vehicle with such force that the Delta V was 40 miles per hour. This is the equivalent of being dropped off a six floor balcony. The impact was so great to the victim’s vehicle that it traveled 1700 feet, or 1/3 of a mile, and then struck a wall at 15 miles per hour.

Additionally, it is estimated that the line of sight for the truck driver leading up to the impact was approximately three miles of visibility. The impact and Delta V were so great, that there is little doubt that even with the utilization of a seatbelt, the victim would have suffered severe and catastrophic injuries such as he did. The victim was rendered unconscious for approximately three minutes as a result of the impact, which bent the steering wheel and broke the dashboard. He was treated on scene by EMS who observed him to be confused and responded slowly to questions. He was transported to Shands Medical Center as a result of his traumatic condition, where a head CT noted a midline shift with fluid collection, left cerebral hemisphere. The victim suffered a grand mal seizure overnight.

The head injury suffered by this victim required him to undergo a craniectomy at Shands Hospital. Subsequent to his surgery, the victim underwent intensive rehabilitation at both Brooks Rehabilitation Hospital and the Florida Institute for Neurologic Rehabilitation. Additionally, the victim suffered a torn labrum that was surgically repaired.

Continue reading "Rear-Ended by 18 Wheeler in Jacksonville, FL, Victim Suffers Profound Brain Damage" »

Florida drivers are witnessing a rise in the number of shiny new red-light cameras at intersections all over counties in Florida. The most common ones are placed over top red lights at intersections, but others exist disguised as poles behind each corner of the intersection. Approximately twenty-seven cities and two counties were sued with more than half agreeing to settle, and the other half continuing with litigation.

The experienced South Florida trial attorney’s are fighting for the citizens all over Florida. The firm’s class action lawsuits resulted in changes to the law in July 2010 making it much easier for citizens to contest tickets in front of a judge. Another key change resulting from the suit is broad restrictions on right hand turn red light tickets. These were responsible for approximately 80-90% of all tickets in Florida.

In addition to increasing due process for the citizens of Florida, Jason Weisser, a senior partner in the firm states, “the lawsuit made the process much more fair and we are proud of that.” “It has standardized fine schedules and made them consistent around the state. Plus the money collected now goes to the State of Florida rather than to a private company.”

As plaintiff’s attorneys we strive to fight for the people. Our mission is to hold lawmakers accountable for their actions and create equality for the citizens of Florida. We hope one day to get this case brought in front of the Florida Supreme Court, because under current legislation we are only suing individual cities and counties.

Continue reading "Florida Class Action Lawsuit Regarding Red-Light Cameras Proves Successful - New Laws More Fair to Drivers" »

Medical malpractice cases have now become some of the most difficult cases for attorneys to undertake. While the attorney would like to be able to assist the potential client in obtaining some financial assistance for their pain and suffering and especially for the past, present and future medical care, the case must be a very clear cut case of medical malpractice because insurance companies, hospitals and doctors fight these cases with all of the resources available to them.

In this particular case, while working in his kitchen at home on a Saturday, this 60 year old gentleman suddenly began to have lines going through his left eye, and then just as suddenly, they went away, leaving him with somewhat blurred vision. With no recent trauma or strenuous activity to explain this strange occurrence, he called and made an appointment with his ophthalmologist for the following Monday.

Upon examination of this gentleman’s left eye, the ophthalmologist informed him that he had a detached retina and his office set an appointment for the patient to go directly to a retinal specialist that same day. The retinal specialist examined the patient and performed laser surgery on his left eye that very afternoon. Two days later, it seemed as if a veil had come down over his left eye and he completely lost his vision. The retinal specialist scheduled this gentleman for surgery for a retinal detachment. This surgery went very well and he recovered his vision in his left eye.

At the follow-up visits for the left eye surgery, the specialist suggested a “little surgery” for this patient’s right eye and it was soon scheduled because the patient was under the impression that this was a very routine procedure. The physician never discussed with this patient the possible complications that could come from this surgery.

Unfortunately, the surgery on the right eye did not go well and the patient was told to return the following morning. At that time, his right eye was drained with two needles sticking out of his eye. The patient was to return to the retina specialist the following afternoon and at that time the physician examined his right eye and informed him that he had a cataract in his eye and that was the reason he could not see yet. He also was informed that he had a retinal detachment from the macular and would need surgery once again.

Surgery was performed on this gentleman’s right eye and a bubble was placed in his eye at that time, along with a buckle. The patient was instructed to stay in a face down position for at least 20 hours a day and had to rent a face down chair for assistance in keeping this position as instructed. Follow-up visits continued with this specialist once or twice and week and on many visits he would perform laser surgery on this patient’s right eye.

A few months later during a follow-up visit, the patient was informed that he would need a different procedure to his right eye. This time, the physician would put oil in his eye to try to keep the retina attached. He also removed the lens in the patient’s right eye during this procedure. This was the third surgery to this gentleman’s right eye in three months.
After this latest surgery, the patient was still unable to see out of his right eye and had continued with countless follow-up appointments with this retinal specialist. On some of the visits he would receive additional laser treatments to his right eye.

Continue reading "Eye Surgery in West Palm Beach, Florida Causes Partial Blindness" »

The victim in this personal injury case is a widow who was working as a security officer in Orlando, Florida, when an incident happened that would result in serious and permanent injuries and change her life forever.

As a part of her job, she was required to check and count pallets in the tractor trailers located at her place of employment. Unfortunately, while the victim was on a ladder counting the pallets in one trailer, the driver of the truck did not wait until she was out of the trailer and began backing up, causing her to fall off of the ladder. The Defendant blamed the victim for the accident alleging she should not have been in the truck even though the truck had yet to be sealed. There was no excuse for moving the truck or trailer when the victim was still inside, but the Defendant admitted no fault and continuously blamed the victim.

The victim suffered a severe right knee and ankle injury, and the knee injury resulted in surgery on her right knee for a torn meniscus. She was subsequently diagnosed with blood clots, or DVT’s (deep vein thrombosis).

Actually, the DVT’s are an important issue because of the damage they cause. The development of the DVT’s required hospitalization, and at that time the DVT’s were located via Doppler ultrasound in the right leg in three veins: anterior vein, posterior tibial vein, and peroneal vein.

DVT’s cause permanent damage to the vein. In the normal person there are no blood clots in the veins. Sometimes blood clots can form in the deep veins of the leg. This is known as deep vein thrombosis. The thrombus grows and gets embedded into the vein wall. The blood clot stimulates a myriad of bodily reactions which cause damage to the vein. The body will try to dissolve the clot or some type of drug therapy with blood thinners may be needed to dissolve the blood clot. In time, any vein which has been affected by a blood clot is usually rendered non-functional. The valves are destroyed and the vein usually becomes large and flaccid. The result is a persistently swollen leg and pain. This is known as the post phlebitic (post blood clot) syndrome. This victim was diagnosed with post phlebitic syndrome, which is characterized by leg pain, swelling, itchiness, dryness and eventually skin ulceration as a result of prolonged venous hypertension. Much of the future pain and suffering this victim will experience will be directly related to the DVT issues.

This victim’s medical bills directly related to this incident totaled over $30,000.00 and more likely than not, she will heed a total knee replacement in the future which typically ranges in cost from $15,000.00 to $30,000.00.

Luckily, the victim in this case contacted Attorney William Zoeller who was successful in obtaining a settlement without the necessity of a trial so that she will now be able to get on with her life and should she need the knee replacement in the future she will be able to obtain that surgery.

Sometimes you don’t even need to be driving to be involved in an accident. In fact, you can receive very serious injuries just going about your daily business, unaware that serious injury is about to occur. That is exactly what happened to the victim in this Florida truck accident case.

The victim, a single mother with an eight year old daughter was at a gas station in Stuart, Florida, standing outside her driver’s side door and leaning in over the seat vacuuming the passenger side floor when a beverage truck backed into her passenger side door. The victim stated that she never heard any back-up cautionary alert sound from the beverage truck before it struck her vehicle.

The driver of the beverage truck stated to the victim that he did not see her and he was sorry. The incident was investigated by the Martin County Sheriff’s Department and the driver was cited for improper backing.

The victim sustained severe neck and back injuries and sought treatment at Martin Memorial Hospital where x-rays were taken and she was prescribed medication. She subsequently followed up with her treating physician, who reviewed the x-rays taken at the hospital and noted the victims continued aching and burning discomfort in her lumbosacral area radiating into her buttocks and prescribed physical therapy. She returned back to Martin Memorial Hospital shortly thereafter complaining of upper back pain between her shoulder blades which increased with any movement.

Due to continued bouts of pain, the victim sought treatment with an orthopedic surgeon for complaints of pain to her neck, back and headaches. Diagnostic testing was ordered and injections to the lumbar spine were performed.

The victim also sought treatment with a chiropractor with complaints of low back pain and burning sensation. She described the pain as dull in her shoulders and neck causing headaches. She described sharp pain in her middle back and she had difficulty standing, bending and driving. During the course of his treatment, the chiropractor performed facet blocks of her lumbar spine to alleviate pain. An MRI of the lumbar spine was performed with results of mild circumferential disc bulge at level 4-5. The victim returned to her orthopedic surgeon to discuss the MRI results. He noted continued lower back pain, headaches, thoracic and cervical sprain/strain. They discussed the possibility of a discogram or facet blocks and ablations. She also underwent nerve conduction studies to focus on sciatica of lower extremity.

Continue reading "Beverage Truck Charged with Improper Backing in Accident Causing Serious Injuries in Stuart, Florida" »

Dioxins are environmental pollutants and are of concern because of their highly toxic potential. Statistics have shown they affect a number of organs and systems. After entering the body, dioxins endure a long time because of their chemical stability and their ability to be absorbed by fat tissue, where they are then stored in the body. The estimation of their half-life in the body is seven to eleven years.

The victim in this toxic chemical litigation case was a 44 year old husband and father of two young daughters when he was first diagnosed with liposarcoma, a soft tissue sarcoma. He had no significant history of cancer in his family, no history of exposure to carcinogens, no genetic defects, and no history of abuse of recreational chemicals that would lead to this condition. He did not do mechanical work or wash parts in gasoline, he was not an amateur painter, he did not engage in gardening or work with any pesticides. There is, however, a history of prolonged exposure to pentachlorophenol which was used to treat wood utility poles for many years. He did have exposure to wood utility poles for a period of approximately 20 years while working as a linesman for the telephone company. He did have exposure to the dioxins commonly found in pentachlorophenol which is a known carcinogen. There is undisputed, if not overwhelming evidence, that such direct exposure has caused liposarcoma in other human beings.

This victim, as most linesmen do, worked in jeans and a shirt, without protection from direct contact with the poles. The continuous out-gassing of pentachlorophenol that is common when the wood poles are dip treated, provided a fresh source of dioxin exposure to his bare arms, chest and face as he climbed the poles in hot, humid weather. Dermal absorption is usually the main route of exposure in these cases. The victim often had irritated skin with blister like presentations that oozed on the back of his neck and back. He had an acne-like condition. This was no doubt chloracne, a telltale sign of dioxin exposure which is well confirmed in the scientific literature. He was experiencing heavy night sweats, which is another indication of toxin exposure, as well as fatigue and headaches and in increase in frequency of urination.

One day the victim found a lump in his right lower abdominal area and he and his wife went immediately to the emergency room to have it checked out. He was admitted and the next day an ultrasound was performed and he was brought into surgery. When the surgeon came out of the operating room, he informed the wife that her husband had cancer, metastatic liposarcoma, Stage III. His liposarcoma was categorized as a very aggressive high grade metastatic liposarcoma. The doctors informed the victim’s wife that this was a very rare form of cancer. At the time he also had pleural effusion and was told to go home and return the following day for a chest x-ray. After the chest x-ray, they received a call from the doctor to inform them that he also had a tumor in his left chest wall.

The victim was referred to a thoracic surgeon who decided that the tumor was too large to remove and they were then referred to an oncologist for chemotherapy. Chemotherapy was administered for six months, five days per month. Of course, he experienced all of the side effects of chemotherapy, such as hair loss, mouth sores, vomiting, etc. When he completed his chemotherapy, he underwent surgery for the removal of the tumor. The surgery lasted for nine hours and along with the tumor, a portion of his lung and diaphragm were removed. He was hospitalized for approximately 20 days. He returned home and was attempting to recovery from the surgery. Approximately two months later, the victim’s wife was rubbing his back when she felt a knot on his incision. He went to the thoracic surgeon the next day for a needle biopsy which revealed that the knot was indeed another tumor.

Continue reading "Telephone Company Employee Dies From Exposure to Dioxin In Chemically Treated Wooden Telephone Poles " »

A slip and fall is a claim based on a person slipping (or tripping) and falling. These cases are based on a claim that the property owner was negligent in allowing some dangerous condition to exist that caused the victim to slip or trip and can result in painful and debilitating injuries for the victims.

The victim in this slip and fall case was a mother of four children, when she visited a storage facility located on Forest Hill Boulevard in West Palm Beach, Florida. As she attempted to exit the building and turned to push the door shut, she slipped and fell on a wet cement ramp, landing on her tailbone and right arm/hand which was outstretched.

It had been raining hard earlier that day and when the rain stopped the storage facility removed a large mat from the concrete ramp. However, it continued to rain that day and the ramp remained wet from the rain and from water dripping off the roof without gutters. The storage facility had a duty to maintain all entryways and walkways so that they would not cause a slippery and dangerous premise so as to secure a safe walkway for patrons. To add to the dangerous condition, the mat, which was designed to make the ramp safe, was removed leaving a wet, slimy, moldy, ramp. Such a condition was known, or should have been known, by the storage facility and a “Warning” sign or a mat should have been put in place to correct the dangerously wet ramp.

The victim initially treated with a physician who ordered an MRI of the lumbar spine, right wrist, neck and right shoulder. The lumbar MRI revealed disc bulges at L1-2, L4-5 and L5-S1, however, the victim had a prior low back injury which caused the bulges in the low back. An MRI of the cervical spine revealed disc herniation at C3-4 and C5-6. A follow up MRI of the cervical spine showed C5-6 focal central disc protrusion/herniation which impinges upon the anterior thecal sac and effaces the ventral cord surface.

The victim then came under the care of an orthopedic surgeon who recommended continued therapy with her initial physician and referred her to a pain management physician who treated her with a series of trigger point injections. She returned to the orthopedic surgeon due to continued neck pain which radiated down her right arm. The surgeon recommended and then performed an anterior cervical discectomy with fusion at C5-C6.

Continue reading "Slip and Fall at Storage Facility in West Palm Beach, Florida Results in Multiple Surgeries" »

One driver not paying attention and driving carelessly can cause lifelong medical problems for countless other safe and attentive drivers.

The victim in this Florida automobile accident case was quite active, worked out regularly at the gym and enjoyed biking prior to this accident. He has two sons, ages 11 and 16, and is a committee chair for their local Boy Scout troop.

This accident occurred on I-95 just south of Atlantic Avenue in Delray Beach, Florida. The victim was traveling southbound on I-95 when another driver (who was not paying attention and driving carelessly) lost control of his vehicle, struck another vehicle and then plowed into the victim’s vehicle at a high rate of speed. The impact was severe and resulted in substantial property damage. Thankfully, the victim was wearing his seat belt when the accident occurred, or the injuries would probably be much more severe.

Fortunately, the victim did not require any emergency medical treatment at the scene of the accident. However, he experienced the immediate onset of severe pain in his neck directly after the accident which resulted in an emergency room visit at Columbia Hospital. After being examined and undergoing a diagnostic work up, the victim was released with a diagnosis of cervical strain, prescriptions for medications and a recommendation to follow up with a physician.

The victim followed up with a chiropractor for continued pain in the neck as well as pain that developed in his lower and mid back, and left wrist. The treating chiropractor placed the victim on a conservative chiropractic/therapeutic rehabilitation program, and based on the extent and severity of his complaints of pain and symptomatology, ordered MRI’s of the lumbar and cervical spine.

The lumbar MRI revealed that the victim was suffering from multiple bulging discs, but more importantly, annular tears at three separate levels. In addition, the cervical MRI revealed that the victim was suffering from three separate bulges and a 2mm anterior disc herniation at the C4-5 level.

Continue reading "Multiple Injuries Result from Other Driver’s Careless Inattentiveness in Delray Beach, Florida Accident" »

Our victim in this Florida automobile accident case is a 51 year old married man who lives in Palm Beach Gardens with his wife and children.

On this particular evening, he was traveling northbound in the left inside lane on U.S. Highway One in Juno Beach, when another driver attempted to cross the northbound lanes of traffic and struck the left side and rear of the victim’s vehicle, causing the victim to spin out of control, cross over the concrete median and into the southbound lanes. Luckily, no other vehicles were involved. According to the police report in this case, the other driver was found at fault due to her failure to yield the right of way.

The victim was transported to Jupiter Medical Center immediately following this auto accident due to severe lower back pain. He was treated accordingly and released with the appropriate prescriptions and orders to follow with a physician regarding his injuries.

Over the next several weeks, the victim developed severe lower back pain and neck pain with radicular symptoms into his left arm. These issues prompted him to seek treatment with a chiropractor in Jupiter, Florida. The chiropractor prescribed conservative therapy to include chiropractic manipulation, electric stimulation, ultrasound and therapeutic massage.

Due to his continuing complaints of neck pain, the chiropractor prescribed an MRI of the cervical spine, which revealed a C6-7 central disc herniation, which impinged upon the anterior cervical cord. The positive and serious result of the cervical MRI prompted the treating chiropractor to refer the victim for a neurosurgical consultation.

The neurosurgeon agreed with the MRI findings and recommended proceeding with epidural injections and advised the victim that he was at increased risk for further spinal cord injury due to the extent of his cord impingement. Over the next several months, the victim underwent three posterior cervical epidural steroid injections with epidurography using C-arm fluoroscopy. Unfortunately, the conservative therapy and injections did not improve the victim’s condition. Therefore, it was the opinion of the neurosurgeon that the victim’s only hope for relief was surgical intervention in the form of a multi-level cervical fusion at a cost of approximately $100,000.00 and indicated that the victim had incurred an 11% impairment to the body as a whole due to the injuries sustained in this motor vehicle accident.

Continue reading "Serious Auto Accident in Juno Beach, Florida Results in Surgical Intervention" »

The victim in this Florida negligence case was 38 years old and had been supporting two children on his own for years. As an employee of a local gas company, he was in the process of delivering liquid petroleum gas to one of his customers, when the distribution hose on his truck ruptured, causing liquid propane gas to spew into the alley way behind the building where it ignited, causing a massive explosion. The victim was turned into a fireball, and he was caused to suffer severe burns all over his body and injured his spine in the process of attempting to put the fire out that was burning his flesh.

As a result of this accident, this victim sustained second degree burns over thirty-six percent (36%) of his body. The areas that were affected were his face, ears, chest, back, abdomen, and both legs. He also had edema and swelling of the brain.

After the incident, the victim was airlifted to St. Mary’s Hospital and the immediately transferred to Jackson Memorial Hospital where he was admitted to the burn unit. He was in critical condition for several weeks and his prognosis was very grim. He was in and out of consciousness for several weeks. He remained in the burn intensive care unit for more than three weeks. He experienced renal problems.

Upon his release he was immediately sent to a rehabilitation center in Delray Beach, Florida. He remained there for approximately two weeks and then continued on an outpatient basis for approximately three months.

After seeing numerous physicians, including psychological and psychiatric counseling, it was ultimately determined that this victim was permanently 100% disabled from the injuries he sustained as a result of this accident. He was placed on disability where he will remain for the rest of his life. His medical bills and lost wage claim totaled greater than $400,000.00.

Continue reading "Rupture of Hose on Gas Truck in West Palm Beach, Florida Results in Severe Burns" »