Florida Personal Injury Lawyer Blog

After reviewing many brochures and much planning, this resort and spa in the Turks and Caicos seemed like the perfect spot to spend a much anticipated vacation with friends. They seemed like the perfect couple, vibrant and active, involved in many activities and having a wide circle of friends with whom they socialized. She was an avid, competitive runner and a beautiful woman.

During the week that they vacationed at the resort, they took full advantage of the all-inclusiveness of the resort, including eating all of their meals at the resort’s various establishments.

Late one evening several days into their vacation, after having eaten with their friends on the resort property, the wife began to feel ill and began to experience severe nausea, vomiting, diarrhea, dehydration, dizziness and abdominal cramps. She had contracted food poisoning.

Early the next morning, the wife rose from bed and attempted to walk to the bathroom within her room at the resort. When she stepped up onto the bathroom level, she fainted as a result of the food poisoning. She fell backward, striking her head on the tile floor. The blow to her head was so severe, the sound woke her husband. He ran to her side, to find her lying in a pool of blood, unresponsive to him. He called for help, and shortly after the doctor arrived, she lapsed into unconsciousness.

She was taken to a local clinic where she began vomiting blood. After clearing her airway, she was intubated and I.V.’s begun. She was subsequently airlifted to Jackson Memorial Hospital in Miami, Florida, where she had five craniectomies performed. Blood tests were positive for Shigella Flexneri, a bacteria spread by the transmission of fecal material.

She was in a coma for the several months she was at Jackson Memorial Hospital before her transfer to a hospital in Maryland to be near her family. She remained in a coma for approximately seven months. After awakening from the coma, she had suffered massive brain damage and left side paralysis. She has been transferred to several different hospitals for aggressive rehabilitation and continued stimulation. Her brain injury often caused her to be somewhat combative, making her resistant to therapy and even her personal care.

Continue reading " Vacation at Turks and Caicos Resort Ends in Airlift to Jackson Memorial Hospital in Miami, FL " »

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Posted In: Premises Liability Litigation

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Head injuries are categorized as: (1) external, which are usually just scalp injuries, and (2) internal, involving the skull, the blood vessels within the skull, and/or the brain. An internal head injury could have far more serious consequences even though the skull is there to protect the brain. In fact, any internal head injury could be serious and potentially life threatening.

Each level of injury requires a different level of concern and since it can be difficult to determine the level of injury, you should consult and discuss the head injury with a physician. We all trust that our physicians and medical facilities will render adequate care to assure that our loved ones are cared for in the best possible manner. Unfortunately, sometimes that is not always the case.

One evening, a young 17 year old boy fell from his bicycle hitting his head on the pavement. Early the following morning, he was taken to the hospital emergency room complaining of severe headaches, so severe he was unable to sleep during the night. He was not vomiting, no complaints of numbness or weakness, but he had a large hematoma and a laceration on the left temple area of his head. He was examined and a CT scan of the head was done, which was noted as being negative and he was discharged with pain medication. Since this was on a weekend, he was told to follow up with a neurologist on Tuesday.

The following evening, the boy’s mother took him to another hospital emergency room because he had been complaining of headaches for three days, he was spitting up blood, and the pain medication he had been given previously was not working, he wanted something stronger. The medical records note that he had been injured 72 hours prior and was now complaining of a frontal headache, nausea, weakness, and lightheadedness. The location of the pain was midfrontal forehead and the quality of the pain is pounding intense headache. Severity is severe. The differential diagnoses pending results of another CT scan of the brain were: (1) Intracranial hemorrhage vs. (1) Contusion and abrasion of the forehead. He was given Percocet and Vicodin Extra Strength for pain and discharged with instructions to see his own doctor on Monday.

Shortly after he was released, the CT scan of the brain was re-read as having a fracture of the frontal bone extending into the frontal sinus cavity with fluid density and with a fracture line extending into the inner table. No follow up was done to contact this young boy or his family to request that he return to the hospital immediately.

Continue reading " Inadequate Medical Care Causes Death of 17 Year Old in Delray Beach, Florida " »

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Posted In: Medical Malpractice

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On March 20, 1779 in Boston, Captain William Jones, United States Marine Corps, advertised for “a few good men” to enlist in the Corps for naval duty. This term has survived for 230 years. It is synonymous with public service in the Marine Corps.

Today, our new State Attorney, Michael McAuliffe, needs our help. In the past 18 months, legislators have cut his office budget by nearly 13%. His office is “running on fumes” with not enough prosecutors to staff courtrooms and prosecute cases. To combat this, he has announced a bold new initiative, beginning February 1, 2009, to take applications from attorneys in private practice who are willing to work without state pay to prosecute misdemeanors, including crimes such as retail theft (shoplifting), simple marijuana possession and DUI.

Mr. McAuliffe envisions that applicants will be younger attorneys in law firms who want trial experience as volunteers for these positions. However, the program is open to all attorneys qualified and willing to serve the public. He is looking for 12 to start with. You (the volunteer) will be trained by his office. The commitment will be 2 days per week for a minimum of 3 months and it is anticipated that the first group will start on March 1, 2009.

In these difficult times, there can be no greater call to civilian service than to serve in the interest of public safety and well-being. Besides, I have heard prosecutors (past and present) tell me informally that it is the best legal job they’ve ever had except for 2 days a month (payday)!

I would urge you, as a member of our Bar Association, to consider applying for this. Think of it this way - you’ll be learning a new skill for no monetary investment (that has great practical application to litigation of all sorts), you’ll be having fun doing it, you’ll be serving the highest interests of the public good and safety, and you’ll be contributing to the success of a first-of-a-kind program never before tried in our State. This is a program that, like Court ordered civil mediation started in Palm Beach County 25 years ago and now universally used statewide and nationally, will be recognized as ground-breaking and will itself spread if successful. Oh yes, and it will be a nice addition to your resume.

The term “gung ho” is often associated with the United States Marines but is actually Chinese (my Mandarin speaking son Eric tells me) and literally means “working together”. Let’s be “gung ho” for this unique and imaginative program and help our new State Attorney to make it a success and something to which we can point with pride. It certainly is in keeping with the purpose of our Palm Beach County Bar Association mission to serve the public as well as our profession.

Posted by Richard D. Schuler | Permalink | Email This Post

Posted In: Palm Beach County Bar Newsletter

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Probably the least understood coverage on an automobile insurance policy is the Uninsured/Underinsured Motorist coverage. Of course, the uninsured motorist problem varies widely from state to state, but statistics from the Insurance Research Council show that in a study recently released, in 2007 Florida was one of the five states with the highest uninsured driver estimates, stating that 23% of drivers on the road in Florida were uninsured drivers. There is no way to determine how many drivers are underinsured in the case of a serious accident, but in all likelihood, it would be a staggering amount.

The law in Florida does not require drivers to carry insurance coverage to pay for bodily injury to others. In other words, insurance which pays for medical expenses, lost wages and, if you have suffered a permanent injury, pain and suffering. However, Florida law does require that drivers carry property damage coverage to pay for any property damage that may be caused to your car or other property. The sad fact is, many drivers don’t carry any insurance at all, and as a result, we take a risk every time we operate an automobile in the State of Florida that we will be injured in an accident by a person who does not have enough insurance coverage available to cover our injury claim nor adequate personal assets to satisfy a judgment.

If the injuries sustained in an automobile accident are minor, it is possible that the PIP benefits of $10,000.00 may provide adequate coverage. However, many drivers sustain serious injuries in auto accidents that would far exceed the PIP benefits. By purchasing Uninsured/Underinsured Motorist (UM) coverage, you can be assured that insurance benefits will be available in the event you are injured in an accident caused by the uninsured/underinsured driver.

Unfortunately, insurance companies avoid paying claims whenever possible and many times even try to discourage drivers from purchasing UM coverage by telling them it’s just excess coverage because they already have medical payments coverage, or if they have health insurance they don’t need UM coverage. UM coverage is not that expensive and can more than pay for itself if you are injured by an uninsured/underinsured driver.

UM coverage protects you and usually the passengers in your vehicle at the time of the accident. UM coverage protects you even if you are a passenger in another person’s vehicle or if you are a pedestrian at the time of the accident. UM coverage protects you when the accident is caused by a hit and run driver or if the identity of the other driver is otherwise unknown.

Your UM coverage in Florida can be stacked. This means that the limits of your policy can be multiplied by the number of cars that are insured on your policy. In other words, if you have $100,000.00 in UM coverage and you insured two cars on your policy on the date of an accident, you should have a total limit of $200,000.00 available in UM coverage.

Personal health insurance coverage will only cover a portion of your damages in a serious automobile accident. Even if your medical expenses are covered by your health insurance, if you have not obtained UM coverage, you will not be able to recover your lost wages and pain and suffering that you sustained in the accident.

Here at Schuler, Halvorson and Weisser, P.A., our team of personal injury lawyers understand the insurance laws in the State of Florida and are always committed to protecting your rights and best interests. If you or your loved ones are ever involved in a dispute over uninsured/underinsured motorist coverage, we urge you to seek advice from one of our experienced personal injury attorneys before talking with anyone from your insurance company. We will provide you with a free consultation, with no attorney’s fees or costs, unless and until you receive compensation.

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Posted In: Uninsured/Underinsured Motorist Coverage

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Deep vein thrombosis (DVT) is a blood clot in a deep vein, usually in the legs. Blood clots in deep veins require immediate medical care. These clots are dangerous because they can break loose, travel through the bloodstream to the lungs, and block blood flow in the lungs (pulmonary embolism). A pulmonary embolism is often life-threatening.

This 43 year old father of four was pressure cleaning a friend’s home when he fell off the roof, breaking his left leg. He was taken to the hospital by ambulance and prior to performing the surgery on his leg, it was discovered that he had some heart problems, and therefore, a cardiac catheterization was done showing stenosis in several of his coronary arteries. He was transported to another hospital where stents were placed in these affected coronary arteries. At some time during his stay at this second hospital, it was discovered that he had a cardiac arrhythmia and postoperatively, after the stent placement he was placed on Coumadin, a blood thinner. Shortly thereafter, his left leg was surgically repaired by an orthopedic surgeon and placed in an external fixator device.

During his hospitalization he complained of both legs feeling “funny”, his left foot was cold, and he also complained of his right foot being cold. No one seemed to pay any attention to the complaints that he had of his right foot, nor did they pay much attention to the fact that his left leg continued to be very painful.

Prior to being discharged from the hospital, he was taken off the Coumadin and placed on one aspirin a day by his cardiologist. Astonishingly, he was never placed on prophylactic anti-coagulation therapy.

At home he received visits from a nurse to check and clean the external fixator and he also had a physical therapist. At one point the physical therapist actually faxed the orthopedic surgeon to ask if this patient was a “thrombo risk”, and evidently received no response, according to the medical records. This patient made several calls to the orthopedic surgeon’s office requesting stronger pain medication and shortly before his death was taking a total of 30 mg. per dosage of Oxycodone.

According to the wife, the pain in this man’s left leg became unbearable and she took him to see the orthopedic surgeon. At this time an x-ray was taken and the surgeon’s partner said the leg looked fine, maybe he had gout. The surgeon attempted to draw some fluid from the ankle area, but there was nothing there. The patient was sent home, still with no anti-coagulation medication.

Continue reading " Father of Four Dies from Pulmonary Embolism in Palm Beach Gardens, Florida " »

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Posted In: Medical Malpractice

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Airplane crash cases for single engine fixed wing aircraft reached a historic low of 6.32 accidents for 100,000 flight hours in 2006. The cause of these accidents is generally divided into three groups: pilot-related; mechanical/maintenance; and other/unknown – such as pilot incapacitation and those for which a specific cause could not be determined.

It would be hard to determine which category this case should fall into as there were several possible explanations for this airplane crash.

On a February evening at approximately 7:20 p.m., two friends were flying a Mooney M20J single engine plane near Odessa, Florida. As they approached the airport, they ran into telephone electrical wires and, after hitting the power lines, the plane hit some trees and slammed upside down into the ground while on final approach to the runway at the airport, killing both men.

Richard D. Schuler and Jason D. Weisser were contacted by the widow of one of the men killed in this accident, who requested that they represent her and the deceased’s four children in this wrongful death action. The couple had been married for approximately 20 years prior to the husband’s death, had three children from their marriage, and the husband had a son from a prior marriage, all of whom were understandably devastated by his loss and having a difficult time coping.

After an extensive and thorough investigation into all of the facts surrounding this case, the lawsuit filed named the power company, the airport, the aviation company assisting in the landing of the aircraft at the airport at the time of this incident, the manufacturer and the distributor of the altimeter in the aircraft at the time of this incident, and the company that repaired and overhauled the altimeter in the aircraft just prior to the time of this incident as defendants in this matter.

It was learned that as early as 1978, this airport was warned by the Florida Department of
Transportation inspector that there were certain hazards in the approach slope to Runway 26, the runway where this crash ultimately occurred. Specifically, it was pointed out that two power poles and their lines protruded above the maximum 20-1 slope required by Florida Statutes. It was indicated in correspondence dated June 15, 1978 that: “The power lines between the poles are particularly dangerous since they are difficult to see from aircraft. ….We urge you to have the wire and poles which constitute navigation hazards removed at the earliest possible time.”

Continue reading " Two Killed in Airplane Crash in Odessa, Florida " »

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Posted In: Airplane Accidents

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After being involved in an accident, many people ask whether they are better off trying to handle the claim on their own as opposed to hiring a lawyer. Thus, when it happens to you, consider the following.

Accidents are often very traumatic events and when combined with injuries, can cause individuals (who have never been in an accident before) to make poor or uninformed decisions. Insurance companies often pounce on and take advantage of the unrepresented injured person. For instance, some insurance companies will try to get to the injured party as soon as possible and begin offering money right away to settle the injury claim. The injured party might feel some aches, pains, soreness and stiffness, but because they have no broken bones, and could use the money, they agree to accept the money and sign a release- which in effect- bars them from ever pursing the responsible party for their injuries again.

This is problematic and happens all too often to the detriment of the injured party. For example, assume the aches and pains do not go away and the injured party eventually seeks medical treatment. Because of the clinical findings, the doctor orders an MRI of the back or neck which reveals that the injured party has a herniated disc that is impinging on the spinal cord and produces pain. The surgeon gives you the bad news that the herniation is so bad that the only way to relieve the pain is via surgery at a cost of $100,000! Unfortunately, in the above example, the injured party will not receive compensation for the medical bills and/or wage loss nor will they receive compensation for the pain and suffering associated with the surgery and lifelong implications because the claim already settled!

Hiring an attorney to represent your interests will prevent the above from occurring. Schuler, Halvorson and Weisser will communicate directly with the responsible parties’ insurance company as well as yours. We will make sure that if you are injured that you follow up promptly with a reputable medical provider to start your healing process and document (via medical records) the full extent of your injuries. We will also (as a courtesy and for no fee) assist you in getting any outstanding property damage, rental and/or towing and storage claims resolved with the insurance company which will reduce your aggravation and allow you to concentrate on your medical treatment.

Most importantly, your attorney at Schuler, Halvorson and Weisser will not recommend any efforts to resolve your injury claim until you have reached what medical professionals call “maximum medical improvement” at which time the full extent of your injuries are both known and documented (via medical records) and the full extent of your past and future medical expenses, wage loss and loss of future earning capacity are known and documented! Only then should efforts begin to make you “whole again”

Other important reasons to hire Schuler, Halvorson & Weisser, include that fact that we, when necessary, will go to the scene of the accident to take photos, photograph the property damage to the vehicles involved in the accident, take statements from independent witnesses and order your medical records/bills and wage loss documentation. Most importantly, everything that our firm does from the moment you retain us is geared toward ensuring that if a lawsuit has to be filed on your case- it will be in the best possible position for us to obtain a favorable result!

If litigation becomes necessary, Schuler, Halvorson and Weisser has the experience and resources to file a lawsuit and take your case to trial. This occurs only after exhaustive efforts have been made to resolve your claim amicably. Litigation can be an exhausting and long process particularly if the case does not settle before trial. During this time, interrogatories and requests to produce are propounded and answered by each party, experts are hired, face to face conferences occur with your doctors and you, your doctors and experts are deposed in front of court reporters. Many depositions are videotaped and numerous exhibits are created for use at trial. Litigation is very expensive and the costs are fronted by our firm and necessary to obtain successful verdicts on behalf of our clients.

In summary, Schuler, Halvorson and Weisser routinely goes the extra distance by having qualified staff, including board certified civil trial lawyers, investigators (with years of insurance and litigation experience), paralegals, medical bill coordinators (who obtain and track all of your medical bills) and legal assistants and secretaries. With our years of vast experience and knowledge, and as a team, we represent our clients as if they are members of our own family and take pride in the successful settlements and verdicts we obtain on their behalf!

So the next time that you are involved in an accident and are injured, consider the experience, resources and dedication that Schuler, Halvorson and Weisser brings to the table on behalf of each client and the benefits you will reap from our representation! Having us on your side will save you a lot of time, money and aggravation and put you in position to obtain the best possible result for your injury claim!

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

Posted In: SHW Newsletter Articles

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Deaths from carbon monoxide poisoning are more common than most people realize. Carbon monoxide is silent and can be deadly if not detected early enough.

This was a case involving a couple, happily married for 42 years and enjoying their retirement years – she was 65 years old and he was 69 at the time of this incident. They had two grown daughters and were living the life they had worked toward for many years.

One October evening, the husband was enjoying a quiet evening at home and the wife had gone out with some girlfriends for the evening. Upon returning home that evening, she evidently pulled her car in the garage, closed the garage door, and then went inside the house, leaving the car running in the garage.

Unfortunately, carbon monoxide fumes entered the living quarters from the garage by way of the air conditioning unit and the air handler located therein.

Sadly, this couple died that night as a result of carbon monoxide poisoning.

The couple’s two daughters brought their case to Richard D. Schuler for assistance. Mr. Schuler sought damages in this case from the manufacturing company of the air conditioning unit and the air handler, from the company that installed the air conditioning equipment, from the developer/builder and the architect of the house the couple had recently purchased.

Both the manufacturer and installer of the air conditioning equipment settled fairly early in the case, both for substantial amounts. However, the developer/builder and the architect both fought settlement in this matter and, in fact, did not even appear for the trial scheduled before the judge in this case.

After Attorney Richard D. Schuler presented the plaintiffs’ case to the judge against the developer/builder and the architect, he was awarded greater than $4.5 million for the daughters and the deceaseds’ estates in this case against the developer/builder and the architect.

Of course, this award will not bring back the parents of these two daughters, but hopefully it will show the defendants in this case that greater care needs to be taken when manufacturing, designing and installing air conditioning equipment in someone’s home.

Incidentally, there was one very disturbing coincidence in this case - the couple that purchased this home from the daughters of the deceased experienced the very same scenario when they too left their automobile running in the garage with the garage door closed, but luckily, they were able to escape the same fate and made it safely out of the home in time.

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

Posted In: Wrongful Death

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