Florida Personal Injury Lawyer Blog

Food poisoning is a common illness which is usually mild, but sometimes can be deadly. Classic symptoms of this disease include vomiting, nausea, diarrhea and abdominal cramping. These symptoms occur suddenly (within 48 hours) after consuming a contaminated food or drink. Depending on the contaminant, bloody stools, dehydration, fever and chills and nervous system damage may follow.

The victim in this Florida food poisoning case was planning a large get together for her family (15 people in all). She traveled to a neighborhood fast food restaurant and purchased enough fried chicken, potato salad and cole slaw to feed all of her relatives. Unfortunately, the victim and most of her relatives became ill and suffered from various symptoms to varying degrees. The victim became violently ill with severe abdominal pain, cramps, vomiting, diarrhea, stomach swelling, excruciating head and neck pain, and high fever. She felt so ill in fact, that she literally thought that it was her time to die.

The victim quickly made an appointment with her primary care physician, who immediately had her admitted to JFK Medical Center. From the date of her hospital discharge which was in April, through the end of the year, the victim continued to experience problems with abdominal pain, cramps and diarrhea. In December, her primary physician performed an endoscopic cholangiopancreatogram and subsequently diagnosed acalculus cholecystitis and referred her to a surgeon.

A few days later, she was admitted to Palm Beach Gardens Medical Center for abdominal pain. Her surgeon diagnosed biliary dyskinesia and he eventually performed a laproscopic exploratory laparotomy with laproscopic cholecystecomy (gallbladder removal) and operative cholangiogram. Her physician’s report summarizes his professional medical opinions that the victim continues to suffer from a chronic non-specific colitis as a result of the food poisoning incident in April. His report also confirms that she continues to experience intermittent abdominal pain, cramps and diarrhea, all of which are requiring supportive management. Finally, he has confirmed that the food poisoning incident aggravated a pre-existing underlying gallbladder problem and was in fact the catalyst to the surgery to have the gallbladder removed.

Needless to say, this victim’s life and health have been totally upended due to this unfortunate and horrible incident. She can no longer eat any potato salad or chicken and the thought of doing so causes her to get sick. She can no longer enjoy a meal out at a restaurant due to her fears that she will end up with food poisoning again.

Continue reading "Food Poisoning in North Palm Beach, Florida Causes Serious Life-Altering Changes" »

Posted by Schuler, Halvorson & Weisser | Permalink | Email This Post

Posted In:

Bookmark:

Today’s active lifestyle, especially that of a teenager, dictates that we must be able to move freely and there is nothing more tragic than losing control over your body. But that is exactly what a person who is rendered a quadriplegic faces – loss of all motor skills, sensation, tasks such as eating and breathing become impossible - simple tasks that most of us take for granted are often lost beyond any hope of recovery. When the spinal cord is severed in the neck above the shoulders, there is little chance of recovering a normal life.

Our victim in this Florida premises liability case was 17 years old at the time of this horrifying accident in which he was rendered a quadriplegic. The victim and several of his friends were at a party at the home of one of their classmates. At that party, which commenced around 9:00 p.m., the under-aged party goers had consumed alcoholic beverages that had been sold to a number of the teenaged boys present by several different business establishments. While under the influence of alcohol and being intoxicated, several of the young men, including the victim, began to rough house on a portion of the lawn near the driveway of this residence. The victim was thrown to the ground on a grassy berm and various boys piled on top of him. As they piled on him, the victim was at the bottom of the pile and in the process of the other boys piling on top of him and rolling around, the victim was caused to have a C-6 burst fracture to his neck which cut into his spinal cord and caused him subsequent quadriplegia.

One of the boys testified that everyone started piling on with the victim on the bottom of the pile and that sometime during the “pile up”, the victim started yelling and everyone started getting off. He stated that everyone thought the victim was joking at first, but when they all got off of him he was just lying there crying and yelling that he couldn’t move.

The paramedics were called and he was taken to Delray Community Hospital, where he was immediately transferred to the trauma unit. Upon examination by an orthopedic spine surgeon, he found the lower extremities demonstrated complete paralysis of the muscles with no voluntary movement. The light touch sensation was absent below the nipple line. He was also absent hand grip and intrinsic function. He was immediately placed on a Rota-Rest bed and placed into cranial cervical traction. The surgeon performed surgery for spinal stabilization within two days of the incident.

Following surgery, the victim was transferred to the spinal cord injury unit and was given a comprehensive rehabilitation evaluation. Shortly after that evaluation, he was transferred to Pinecrest Rehabilitation Hospital where he remained as a C-7 level complete quadriplegic. He was placed on a comprehensive rehabilitation program for spinal cord injury that included physical therapy, occupational therapy, rehabilitation nursing, case management and rehabilitation psychology. He was also placed on a bladder and bowel program and received treatment for numerous urinary tract infections.

Continue reading "Teenage Rough Housing Renders 17 Year Old a Quadriplegic in Boca Raton, Florida" »

Posted by Schuler, Halvorson & Weisser | Permalink | Email This Post

Posted In: Premises Liability Litigation

Bookmark:

Most amusement parks, carnivals and state fairs have installed “kiddie” rides to entice children so young they may not even be able to walk. But beneath the bright lights and cheerful paint is heavy machinery that may put young children in danger of being seriously injured. Inside fun houses, for instance, are swaying floors, rotating drums, moving stairways and other machines. These may be safe for adults, but very often present the possibility of significant injury to young children.

One January evening, a mother and father were enjoying the South Florida Fair with their three sons. The youngest child, two years old at the time, was running through the fun house with his 13 year old babysitter while his mother and father watched from outside. As he was running through the fun house, he came upon an area of the fun house where there are 3 disks in the floor with poles extending upward from the center of each disk. These disks spin on motors and the object is to step on them and try to make your way across. The two year old victim in this case stepped on the disk and fell, causing his right thumb to become amputated at the knuckle as it was caught between the rotating disks.

The victim in this Florida premises liability case was rushed to Palms West Medical Center where reattachment of the thumb was attempted, but unfortunately, this reattachment failed and the thumb subsequently had to be amputated several days later. He was later seen by a specialist at Miami Children’s Hospital for a second opinion. The physicians outlined five options for the family at that point: (1) Do nothing and let him make the natural adjustments necessary for the loss of this partial thumb; (2) A toe transfer – the most complicated of all options but probably the best solution in the physicians’ eyes since he would have feeling in the end of the thumb; (3) A distraction lengthening of the thumb; (4) Wearing a prosthetic thumb; and (5) An osteo-integrated implant. Now the parents are left with a very tough decision. Of course the three surgical options would all be quite expensive.

The parents in this situation contacted Attorney Richard D. Schuler to advise them of their options in this matter and to file a lawsuit against the amusement company that owned the “kiddie rides” and the company that was in charge of setting up, maintaining and operating these rides.

Posted by Schuler, Halvorson & Weisser | Permalink | Email This Post

Posted In: Premises Liability Litigation

Bookmark:

In this Florida premises liability case, a married couple from Las Vegas, Nevada had planned a long awaited vacation in sunny South Florida. They were to stay in one of Miami’s most prestigious hotels – the Fountainbleu.

After checking in, the husband had some phone calls to make and some work to catch up on so he stayed in the room while the wife went downstairs to the pool. The wife stayed by the pool for several hours relaxing and enjoying the sun. When she returned to the room, she noticed that her husband was not there but was not worried, since she assumed he had gone down to the hotel bar or was touring the hotel. She went ahead and showered and ordered some food from room service, as she was sure that he would return shortly for dinner.

After several hours went by, she became increasingly concerned that he had not returned and she began making some phone calls. However, no one had heard from him and the hotel desk clerks stated they had not seen her husband.

Later that evening, as one of the hotel employees was making rounds to ascertain that everything was as it should be in the hotel, he came upon the body of the husband in the stairwell near the couple’s room. He had been killed with a garotte, which is a wire with a handle at each end used for strangling. Because this apparatus was used, the police stated that it very possibly could have been a contract killing. The police surmised that he had been surprised in his room and then pulled into the stairwell, even though there were no signs of struggle in the motel room.

Of course, the wife was questioned at length concerning her husband’s death but was not charged. The husband was a wealthy businessman so the police were looking at all of his personal and business connections. Unfortunately, this murder was never solved.

This couple had been married a relatively short period of time and had no children together, but he had five children from his previous marriage. The widow in this case contacted Attorney Richard D. Schuler to assist her in suing the hotel for negligent security on behalf of herself and her five step-children. Mr. Schuler retained a security expert in this case and together they were able to show that the hotel had inadequate security at the time of this incident, and that there had been criminal activity in this area in the past.

Posted by Schuler, Halvorson & Weisser | Permalink | Email This Post

Posted In: Premises Liability Litigation

Bookmark:

It is not always abuse that causes deaths in nursing homes. Many times, it is simple neglect. People place their loved ones in nursing homes so that they will receive medical treatment and because they are unable to care for them and be there for them at all times as in a nursing home. Unfortunately, however, many times some nursing homes are not the safest place for the elderly.

The victim in this Florida nursing home case was 72 years old at the time of his death. Two days before he had been transported via ambulance to Delray Community Hospital after he fell from his wheelchair and hit his head on the floor. As a result of this fall, he sustained a laceration to the right forehead and a right subarachnoid hemorrhage with left inferior occipital area hemorrhage consistent with contrecoup and a laceration to his forehead.

An investigation indicated that the nursing home not only consistently failed to provide adequate protective and supportive services for this gentleman, but that the facility knew and documented his cognitive losses in short and long term memory and periods of delirium with his mental function varying over the course of the day. He had also had previous falls and had tried to climb out of bed. The nursing home records reflect that from 7:00 p.m. to 7:00 a.m. he had a private sitter with him. The family had hired a private sitter as they were told by the staff that they couldn’t watch him continuously. His wife, who was 70 years old, tried to be with him the other 12 hours of the day. At one point the nurses have documented that the patient was placed in a wheelchair up by the nurse’s station as the patient had tried to get up and walk alone several times.

On the morning of the incident in question, the patient was found on the floor of his room with no apparent injuries noted.

Unfortunately, despite the facility’s knowledge of the victim’s dementia, memory loss and confused state, it did not see fit to use any type of safety device to prevent him from getting out of his wheelchair. Also, the medical records reflect that the employees of the nursing home did not keep the head of this victim’s bed elevated to 45 degrees as required of a patient getting G-Tube feedings, nor did they do the other preventative measures which were the standard.

Continue reading "Inadequate Care Results in Death of Dementia Patient in Delray Beach, Florida " »

Posted by Schuler, Halvorson & Weisser | Permalink | Email This Post

Posted In: Nursing Home Litigation

Bookmark:

According to statistics for 2004, 33 percent of passenger vehicle occupant fatalities occurred in vehicles that rolled over. A recent National Highway Safety Administration analysis found that, generally, sport utility vehicles are more likely to roll over in a crash than pickup trucks, which in turn are more likely to roll over than vans or passenger cars. And, even though pickup trucks were more likely to roll over than passenger cars, occupants of a pickup were less likely to sustain fatal injuries than occupants of a passenger car.

Maybe that is why the victim in this single vehicle roll over is lucky to be alive, although she did have serious injuries. Our victim in this Florida truck accident case is a 45 year old single woman living in West Palm Beach, Florida. She had traveled to Indiana with her boyfriend to visit her son and was enroute back to her home at the time of this Florida auto accident. They had borrowed her son’s pickup truck and the boyfriend was driving on State Road 55 in Cross City, Florida early one rainy morning. The victim was asleep when the accident occurred, but feels certain that the driver fell asleep and then over-corrected when he ran off the left shoulder of the road. He then cut across the road to the right shoulder, ran off the road and the truck flipped over one or two times before landing against a tree by the road. The driver denies falling asleep and states that he believes a tire blew and caused the accident.

Whatever happened, the victim through no fault of her own, sustained very serious injuries in this crash, including but not limited to injuries to her neck, right shoulder, head, mid and low back. In fact, her medical expenses eventually amounted to almost $200,000.00. As a result of this accident, she received a huge knot on the right side of her head and sustained severe memory loss and had constant migraines. Her neck had a ruptured disc and a bulging disc and required surgery for disc replacement. Her right shoulder was separated. Her lumbar spine had a ruptured disc and a bulging disc. She is told by her physicians that she may need future surgery.

The victim in this case requested assistance from Attorney Richard D. Schuler because she was concerned about her mounting out-of-pocket expenses, and was fearful that she might require more invasive treatment in the near future. Mr. Schuler pursued settlement with the insurance companies representing the defendants and the uninsured motorists carrier in this matter, and was successful in obtaining a total settlement of hundreds of thousands of dollars for this victim. She will now be able to obtain medical treatment and any surgery she made need in the future

Posted by Schuler, Halvorson & Weisser | Permalink | Email This Post

Posted In: Truck Accidents

Bookmark:

When you plan a fun-filled day of boating, you would never expect to end up losing a portion of your fingers on such an excursion, but that’s exactly what happened to the victim in this case.

The victim in this Florida boating accident was a 28 year old married man who was a karate instructor and owned his own karate studio. He and his wife had very active lives and enjoyed a comfortable lifestyle. They were members of an exclusive boating club located in North Palm Beach, Florida where by paying a membership fee, they were allowed the use of a boat whenever they wished.

On this particular fall day, they had secured the use of a 24 foot power boat for the afternoon with a friend of theirs and anchored just off the beach on the north end of Palm Beach Island. The trio had gone ashore to have lunch just before this incident occurred. When the victim was attempting to climb up the dive ladder to get back onto the boat, his fingers got caught at the hinge of the ladder, partially amputating the third and fourth digit of his right hand.

As they were heading back to the marina, luckily the Marine Patrol was nearby and rushed him to Blue Heron Park where he was picked up by Fire Rescue and taken to the emergency room at St. Mary’s Medical Center. Once there, he was taken into surgery immediately. Unfortunately, this victim would require two more surgeries to his fingers and possibly will require more in the future.

Of course, this victim incurred thousands of dollars in medical expenses and worst of all, he lost a large amount of income from his karate studio since he is no longer able to act as an instructor and, in fact, was unable to work at all for quite some time due to the pain he had to contend with on a daily basis.

This victim contacted Attorney Richard D. Schuler for assistance in obtaining some compensation for the expenses and pain and suffering he endured due to the negligence of the marina and the fact that the ladder on this boat was faultily constructed. This fact was confirmed by a safety expert retained by Mr. Schuler in this case. After extensive investigation Mr. Schuler was successful in settling this case without the necessity of a trial for several hundred thousand dollars

Posted by Schuler, Halvorson & Weisser | Permalink | Email This Post

Posted In: Admiralty Litigation

Bookmark:

It’s a sad fact of life that in the business world, many times the wealthy, powerful individuals and/or corporations try to take advantage of basic, hardworking people and push them out of the way in business transactions to save themselves some money when possible. Such is the case here.

The two victims in this commission entitlement case are real estate brokers who have been involved in the real estate business in Palm Beach County since the early and mid-70’s, initially as salespersons and then subsequently as brokers. One of the principals involved is a very wealthy landowner who owned five sections of land (approximately 4,000 acres) free and clear between the Florida Turnpike and Okeechobee Boulevard. One of these real estate brokers had been working on selling this gentleman’s properties for years. He had an open listing to do so and had brought many offers to the owner on various sections over the years, including the property involved in this case.

This broker spoke with a second broker about the availability of these properties. This second broker felt that a large corporation she dealt with might be interested in some or all of the properties and sent correspondence that introduced the corporation to these properties.

Multiple meetings were held between the corporation and the second broker with the knowledge and permission of the landowner. These meetings took place over a three month period and it soon evolved that the corporation became interested in portions of the property.

During the next month, there were many discussions between this second broker, the large corporation and the landowner, culminating in the corporation issuing a letter to the broker instructing her to make an initial proposal regarding portions this property. As instructed, the broker brought this initial proposal to the landowner from the corporation.

As discussion continued between the broker, the corporation and the landowner, the landowner could determine that the deal was starting to heat up because the corporation had committed itself in writing on it’s stationery making this preliminary offer. At this point, he demanded, as owner, that he carry on the negotiations directly with the corporation and that the brokers take a passive role. The brokers were “frozen out”.

Continue reading "Buyer and Seller of Huge Commercial Property Conspire Against Brokers' Entitlement to Commission" »

Posted by Schuler, Halvorson & Weisser | Permalink | Email This Post

Posted In:

Bookmark:

Statistics show that burns rank second as the leading cause of death in children, age 0 to 5. Children are the major concerns for scald or hot water burns due to the fact that children have not fully developed the thickness of their skin. Therefore, they burn faster than adults. According to these same statistics, an average of 300 burn cases per year is reported for children due to high temperature water. Half of the incidents reported of scald burns are due to the unattended hot water used on children.

The victim in this Florida premises liability case was only two years old at the time of this incident. Her mother was working and she was being cared for by her father. At her age, she was still undergoing toilet training, so when she told her father she needed to go to the bathroom, she was unable to wait and made a mess. In order to clean the child and the bathroom, her father removed her clothes and placed her in the shower, after adjusting the temperature to lukewarm. The father reported that the child was gently crying in the shower as he cleaned the bathroom and went out back to throw away the remains of the mess. While he was out back, he heard the little girl make a loud scream. He ran into the bathroom where he found her in a steamy bathroom running in place under the water. He immediately called 911, and rescue personnel airlifted the child first to Delray Community Hospital and later to Jackson Memorial Hospital Burn Unit.

The child remained at the Burn Unit at Jackson Memorial Hospital for several months. She had severe burns over 1/3 of her body surface and needed numerous procedures for the debridement of her burns. Eventually she underwent surgery at the Shriners Burn Center in Ohio. After surgery and weeks of healing, she was fitted with a special mask and suit to wear to hopefully prevent the development of keloid scars from the burns.

The parents of this child contacted Attorney Richard D. Schuler for assistance in this matter. Mr. Schuler conducted an extensive investigation into the cause of this horrific incident and brought suit against not only the owner of the apartment complex, but also the manufacturer of the water heater and the contractor who performed the renovations to the apartment complex and installed the water heater. Several experts were retained regarding the code violations on the property, the inherently dangerous propensities and inadequate size of the particular water heater, and inadequate safety measures taken by the landlord to prevent any tampering with the water heater, among others.

Mr. Schuler was successful in settling with all defendants, without the necessity of a trial, for more than $2 million dollars, which will go a long way toward helping this child on her road to recovery from these devastating injuries.

Posted by Schuler, Halvorson & Weisser | Permalink | Email This Post

Posted In: Premises Liability Litigation

Bookmark:

Closed head injuries can occur from automobile accidents, work related accidents, sports related accidents or falls. These injuries result from a trauma in which the brain is injured as a result of a blow to the head or a sudden, violent motion that causes the brain to knock against the skull.

A closed head injury differs from an open head injury, since no object actually penetrates the brain. A diffuse closed head injury can affect the cells and tissues throughout the brain or, if the damage occurs in one area, it is a focal closed head injury.

Individual circumstances dictate the degree and rate of recovery. Physicians state that good indicators of long term recovery would be the amount of time spent unconscious or in a coma, as well as how much normal functioning is recovered within the first month after the injury.

The victim in this Florida motorcycle accident was 22 years old and single. He was self-employed and worked as a tile setter, but had just passed his independent contractor’s examination and would have been qualified as a licensed general contractor. One of his passions was competitive motorcycle racing at a local track. In fact, the afternoon of the accident, he was test driving a custom built racing/competition type motorcycle, after having tuned it up earlier that afternoon.

While traveling southbound on a two lane road in Lake Worth, Florida, the victim encountered a slow moving pickup truck, also headed southbound. Apparently, the victim attempted to pass the pickup truck on the left when suddenly, without prior signal, the pickup truck attempted a left turn, right into the victim on the motorcycle.

The driver of the pickup truck had met a friend while drinking at a bar earlier that afternoon and had agreed to pick the man up for a party later that day. He had never been to this man’s home before and was searching for the street the man lived on. The other driver stated he never saw the victim until his helmeted head was inside the driver’s side of his truck’s cab.

This victim suffered a severe closed head injury and was comatose after the accident. In fact, his helmet had to be cut off of his head. The possibility of extensive brain damage and dysfunction was certainly a very strong possibility, and of course his parents were very distraught.

Continue reading "Truck Collides with Motorcycle in Lake Worth, Florida, Causing Severe Closed Head Injury" »

Posted by Schuler, Halvorson & Weisser | Permalink | Email This Post

Posted In: Motorcycle Accidents

Bookmark:

Making a decision to place your loved one in a nursing home is a very difficult decision, and the fact that there is such widespread abuse and neglect in nursing homes makes it even more difficult. It is a sad fact that abuse and neglect of the elderly happens every day and it can be either physical, emotional, or simply negligence.

Nursing homes are big business and very profitable. Total nursing home revenues have topped 55 billion dollars. Some nursing homes are privately owned, or non-profit charity-related organizations. Many of these homes are also managed by management companies for profit. It is important to ask who operates the facilities you are interested in. Nursing homes are regulated by the federal government and managed by individual states to assure that they provide adequate care and activities for their residents.

More families are currently having to rely on nursing homes and assisted living facilities to care for their family members and loved ones than ever before. It is hard to imagine that, rather than receiving the care we expect, those we love and cherish are abused or neglected in these facilities. Unfortunately, this type of horrific treatment does occur, and many elderly residents suffer in silence.

Abuse can come in many forms – verbal, physical or sexual. This abuse can be difficult to detect, especially in homes where abuse has become the norm and workers turn the other way and don’t report problems. These elderly victims are frequently unable to communicate about the ways they are abused. Many times, the victims may not even understand themselves what is happening. Family members need to be especially vigilant and look for the signs when they visit. If you suspect nursing home abuse or neglect, some of the solutions are:

• Visit frequently and vary your visits to different times of the day and week to enable you to assess the care provided at all times.

• Talk to nurses, aides, the doctor, the Director of Nurses, Social Worker and the Administrator about your concerns.

• Find out who the state licensing agency is from your nursing home. In each state there is a division of the Department of Health that deals with oversight of nursing homes and enforcement of the nursing home rules and regulations. This agency investigates complaints filed by family members and conducts yearly surveys of each nursing home.

• You can and should file a complaint with state Licensing and Certification if you believe the nursing home resident is a victim of abuse or neglect by the nursing home.

The signs of abuse range from physical signs like broken bones and bruises, to noticeable changes in a victim’s mood or behavior. It is easier to spot physical abuse, but often times, this is blamed on a fall or claimed to be the fault of the victim. It is important to note the body language of your loved one. If you observe cowering, flinching or wide-eyed looks from a victim, it could indicate that there is some form of abuse going on.

If you suspect that your loved one has been the victim of nursing home abuse or neglect, don’t delay calling the law firm of Schuler, Halvorson and Weisser, P.A. to discuss this matter with one of our experienced, knowledgeable attorneys. As always, there is never a fee unless we make a recovery on your behalf.

Posted by Schuler, Halvorson & Weisser | Permalink | Email This Post

Posted In: Nursing Home Litigation

Bookmark:

Spending many hours on the road each day is a fact of life for most people, and the statistics for motor vehicle accidents is alarming. If you have a multiple car accident, it is often times very difficult to determine liability. In these cases, a thorough investigation of the accident scene is very important.

In this Florida automobile accident case, the victim was a 45 year old single woman who was in good health, had a job that provided her with a good salary, and was enjoying life. Unfortunately, the victim was rear-ended by three different vehicles while stopped. These impacts were so severe that the victim suffered severe injuries and required two major surgeries.

Not only did the victim require two surgeries on her spine, but the surgeries caused additional problems and the victim was left with a screw in her vocal cord area. She was informed that if the screw migrated, she could die. No physician would agree to do her follow-up surgery to correct the problem and, in fact, a prominent orthopedic surgeon in the Palm Beach County area stated that he does not think anything can be done to help her. The victim is still attempting to locate a physician that will give her the care and treatment she needs.

This victim accumulated over $410,000.00 in medical expenses, and sustained almost as much in lost wages as a result of this accident. Of course, she will continue to lose wages in the future, since she will not be able to return to work. She was approved for Social Security Disability, which will take some of the emotional and financial strain off of her. However, she will still need surgery in the future, if she is able to find a physician who will help her.

The victim in this case sought the help of the law firm of Schuler, Halvorson and Weisser in this matter. Attorneys Steven W. Halvorson and J. Freddy Rhoads agreed to represent her in her pursuit of a case against the tortfeasors and the insurance company that provided uninsured/underinsured motorist coverage to the victim. The attorneys were successful in obtaining a settlement in this case that will assure that the victim will be able to get the care and treatment she will need in the future.

Posted by Schuler, Halvorson & Weisser | Permalink | Email This Post

Posted In: Automobile Accidents

Bookmark: