Personal Injury

Published on: November 1, 2012

Mother and Paralyzed Son To Hold Spinal Cord Injury Fundraiser

Tomorrow evening, Anthony Purcell and his mother, Micki, who have co-founding the non-profit Walking With Anthony, are hosting a fund raiser for spinal cord victims. Anthony, 24, became paralyzed in February 2010 while vacating in Florida with his family. Anthony dove into the water off South Beach and crashed head first into a sandbar. He spent six weeks at Jackson Memorial and suffered paralysis, a broken neck and two bruised vertebrae. He spent most of the six weeks in a medically induced coma and survived seventeen lung collapses.

As soon as he was able to, Anthony became his rehabilitation treatment, which he believes has made all of the difference. When he first started rehab, Anthony couldn’t even move himself into a sitting position, but is now able to stand with help of a walker and can bench press almost 200 pounds. Anthony and his mother created the foundation to help others receive the same time of rehabilitative services Anthony benefitted from. The Purcells created their foundation when they realized that despite the extensive amount of money donated to spinal cord research, there was little money available for patients in need of rehabilitative services. So far, the foundation has raised around $250,000 and has helped three others with spinal cord injuries.

The benefit, South Florida Movement for Change will present grants to Nick Williams and Chris Hickox, who attended the same high school as Anthony. Williams was left paralyzed from the waist down when injured in a car accident and Hickox suffered a spinal cord injury after an ATV accident. The grant will allow the men to receive treatment at the same facility as Anthony, the Project Walk Spinal Cord Injury Recovery Center. Dr. Allan Levi of Jackson Memorial Hospital, Anthony’s surgeon will be honored at the banquet. Kevin Everett, who suffered a spinal cord injury while playing for the Buffalo Bills, and his wife are honorary chairs of the event.

Mother, son hosting fundraiser for spinal cord injury victims, www.miamiherald.com October 31, 2012.

Published on: October 26, 2012

Wrongful Death Suit Alleging Excessive Taser Use Settles For $125K

by Friedland | Carmona

In the early morning hours of April 21, 2007, David Mills and a friend got into a debate so heated that police were called. Police tried to restrain the men, but Mills began kicking, punching and biting the officers. As Mills became more violent and aggressive, officers used their Taser on him. According to the lawsuit filed by Mills’ mother, the Taser was used at least four times on Mills. After Mills told police he was under the influence of drugs, and again when police noticed Mills was not breathing, officers called for medical assistance. He was pronounced dead at Yale-New Haven Hospital less than two hours after the altercation started.

Following his death, Mills’ mother filed a wrongful death suit, listing both the town and Sgt. William Sikorsky as defendants, and claimed the officers used “unreasonable force” on her son. The police were not charged criminally with any wrongdoing. Earlier this week, Mills’ mother and the defendants settled the wrongful death case for $125,000. Her attorney stated, “Under the circumstances, we believe it is a reasonable settlement, considering the specific details concerning Mills and the use of Tasers.” As for the circumstances of the case, the medical examiner ruled Mills’ death as accident, “caused by ‘excited delirium’ with PCP intoxication a contributing factor.”

Mills’ death brought up the controversial use of Tasers in policing activates. According to Mills’ mother’s attorney, “Many police officers don’t realize a Taser is an inherently dangerous weapon, though the manufacturer touts it as a panacea for all dangerous situations. The use of it deserves much more study. What is necessary is an objective analysis of whether or not Tasers are more than instruments of torture, whether there should be limitations on their use, and whether or not police officers need additional training on their use.”

Hamden settles lawsuit in 2007 Taser death for $125K, www.CTPostChronicle.com October 19, 2012.

Published on: October 24, 2012

Autistic Student Attacked On Bus; Jury Awards $158,000

by Friedland | Carmona

In 2010, Alex Palermo was severely injured while aboard a school bus that was driving him home from his Boca Raton Middle School. Alex, then thirteen years old, was hit in the head repeatedly in rapid succession while the other students on the bus watched. Prior to the attack, other students had put gum in Alex’s hair, taunted him and stuck wet fingers in his ears. Alex, who is autistic, suffered a broken eye socket and a concussion as a result of the attack. According to Alex’s mother, he required emergency surgery in order to repair a muscle that was “caught in the broken orbital bone, preventing the eyeball from having full movement and causing a lot of pain.”

A video of the incident indicates that the bus driver, Wescot Desrosiers, did nothing to protect the child. His family filed suit after the incident, claiming that the School Board was negligent because the driver failed to protect Alex. The School Board claimed that the bus driver kept control over the rowdy children and reprimanded the student who hit Alex and also claimed that Alex was partially responsible for the accident because he engaged in the confrontation with the other student. Alex’s lawyers told jurors, “There’s nobody there for Alex. You need to control the situation before it escalates.”

Jurors agreed with Alex’s attorneys, found the School Board negligent for the attack, and awarded Alex and his family $158,611. The verdict directs the School Board to pay Alex’s $32,000 medical bills and awards him $75,000 for past pain and suffering as well as $50,000 for future pain and suffering. State law limits the award to $100,000 but Alex’s family is happy that justice was served for the boy. Alex suffers from occasional double and blurry vision and has permanent numbness in part of his face. Now 16, Alex hopes his good grades will lead him to a career as a history professor.

Jury: School Board negligent in 2010 bus beating, www.sun-sentinel.com October 23, 2012.

Published on: October 16, 2012

Advocates Push For Parasail Regulations After Recent Death

by Friedland | Carmona

Earlier this year Kathleen Miskell died while on a parasailing trip after her harness gave way and she feel over 150 feet into the ocean. Since her death, many have called for more oversight of the parasailing industry. As a result of her accident, the National Transportation Safety Board has opened an investigation. Despite the public outcry and obvious risks, few federal or state regulations actually exist. Parasailing has a casualty rate of about one death per 90,000 rides, as opposed to a one death per 9 million rides at amusement parks.

Florida, which has the largest number of parasail operators, has consistently failed to implement any type of regulations for fatal accidents. Many advocates believe that Florida’s failure to implement regulations is a result the tourist dollars that parasailing brings into the state. One mother, who’s one daughter died and other daughter sustained serious head injuries after their parasailing line snapped during a storm, crashing them into a hotel, says she has constantly been “shoved aside” and ignored in her lobbying attempts. “Most people who sign up to parasail have little idea it’s less regulated than the average carnival ride. They need to know that if they go up, and something bad happens, there’s nothing they can do about it, because there are no laws, or rules or regulations,” she stated.

According to the Parasail Safety Council, only New Jersey and Virginia have “relatively comprehensive regulations” while the United States Coast Guard and the Federal Aviation Administration oversee “limited aspects of the activity.” In Florida, the proposed regulations would include equipment inspection, new rules restriction rides during specific weather conditions, prohibitions against riding hear fixed objects and required operator insurance. The manager of Miami Beach Parasail said that many operators are open to regulations, as long as they are sensible, and is willing to help create the regulations.

Despite risks, parasail industry has little oversight, www.miamiherald.com October 05, 2012.

Published on: October 2, 2012

High Speed Chase Leaves 3 Victims Dead

by Friedland | Carmona

Over the weekend, a robbery chase turned deadly, leaving a man, woman and an infant dead. A Jefferson County deputy was taken to the hospital after he was injured in the crash. The suspects were speeding down Birmingport Road after committing a robbery in Walker County and were being chased by police. The car ran a red light and struck a car carrying the man, woman and infant, killing them instantly. The deputy following the speeding car crashed his car into a ditch and it overturned, leaving him injured.

The robbery suspects fled on foot into nearby woods; police dispatched helicopters to find them. Police believe there are at least two suspects on the loose and police believe the suspects are still hiding in the woods. Inside the suspects’ vehicle, which police believe to be a rental, police uncovered a handgun. The gun was turned over to police evidence technicians. Police are still examining the wreckage of the suspects’ vehicle and trying to locate them.

3 killed when SUV fleeing police crashes into them, www.miamiherald.com October 2, 2012.

Published on: September 28, 2012

Lauderhill Police Respond To Call, Shoot Security Guard

by Friedland | Carmona

Lauderhill police shot Earl D. Brown, a night watchman at International Global Metals recycling center, early this morning around 2:00 a.m. Police were called to the recycling center to investigate reports of an intruder on the premises. Brown, who has worked at the recycling center for more than twenty-five years, was on routine patrol when he was shot. Police have reported that Brown was armed and was not wearing any type of clothing that indicated he was a security officer or employed by the plant. According to police, Brown was immediately labeled a threat because he was armed.

A neighbor witnessed a suspicious vehicle pull into the backside of the recycling center and immediately called Brown, who went to look into this situation. Within seconds, police officers received on scene “with guns drawn.” Police did find a .44 caliber revolver at the recycling plant that did not belong to Brown. Brown’s weapon was never fired during his altercation with police. According to the neighbor, Brown told police he was the security guard, “but by the time he put his hands up they started shooting.”

Brown was rushed to Broward Health Medical Center and underwent surgery. He is expected to recover from his injuries. The three officers who discharged their weapons have been placed on administrative leave, as is standard in these types of situations.

Security guard in his 70s recovering after being shot by Lauderhill police, www.miamiherald.com September 28, 2012.

Published on: September 19, 2012

Boynton Beach Woman Shot By U.S. Marshals, Sues For $10 M

by Friedland | Carmona

Janira Calderin lost part of the index finger on her right hand and the top of her middle and fingers on her left hand, suffered a head wound and another bullet injury to the top of her left foot when she was shot five times by federal agents as they attempted to arrest a Boynton Beach fugitive. Calderin has now filed a $10 million civil suit against the U.S. Marshal Service.

On August 24, 2011, Calderin had left her job at a Broward hospital and went to pick up Samir Herrera, a relatively new acquaintance of hers. Calderin was not aware that Herrera was a wanted man. The marshals “swooped in” after Herrera got behind the wheel of Calderin’s car. Shots were fired after Herrera, who had been charged with attempted murder, kidnapping and armed robbery, pulled a gun on the U.S. marshals. The marshals contend that Herrera opened fired first and then led them on a car chase. Calderin’s complaint alleges that she suffered injuries during a “reckless and wholly unwarranted shoot-out.”

The marshal service has denied any wrongdoing and responded to Calderin’s complaints, stating, “A review of the circumstances surrounding your client’s allegations has disclosed no evidence of negligence or wrongdoing on the part of any USMS [United States Marshals Service] employee.”

Woman struck by five bullets sues U.S. Marshals, seeks $10M, www.sun-sentinel.com September 17, 2012.

Published on: September 11, 2012

Mayo Clinic Technician Injected Patients With Hepatitis C

by Friedland | Carmona

Earlier this week a former radiology technician was sentenced to thirty years in federal prison after he admitted to infecting patients with Hepatitis C. While working as a technician at the Mayo Clinic’s Interventional Radiology Unity, Steven Beumel stole syringes of the painkiller Fentantyl and replaced them with “syringes of saline contaminated with Hepatitis C.” Beumel pleaded guilty to one count of tampering with a consumer product resulting in serious bodily injury and five counts of stealing Fentanyl by deception.

The clinic noticed a Hepatitis C outbreak and tested thousands of patients who may have been injected with the disease. At least two of those tested were linked to Beumel, including one patient who had already died. Epidemiologists, who study the distribution and patterns of health events such as outbreaks, from the May Clinic, the Florida Department of Health and the national Centers for Disease Control, studied the outbreak for three years before they were able to link it to Beumel. He was immediately fired and law enforcement officers arrested him shortly thereafter. He confessed to his crime in May.

Hepatitis C outbreak: Man gets 30 years for infecting patients, www.miamiherald.com September 11, 2012.

Published on: September 10, 2012

Officer Charged In Shooting Death Of Teen

by Friedland | Carmona

An Arkansas police officer, Officer Josh Hastings, has been officially charged with felony manslaughter after he fatally shot a fifteen-year-old Bobby Moore Jr. Investigators determined that the account Hastings offered regarding the accident did not match up with the evidence recovered at the scene. Hastings was responding to a suspicious persons call at an apartment complex when, he claims, the car Moore was driving straight towards him. He then fired his weapon into the vehicle. Moore was pronounced dead at the scene. Evidence recovered by the police chief shows that the car was either stopped or moving in reverse when Hastings discharged his weapon.

After reviewing the evidence, Little Rock Police Chief Stuart Thomas “concluded that the incident did not occur in the manner represented by the officer and that the use of deadly force did not conform to departmental orders.” He also added that prosecutors “agreed ‘the use of deadly force was not necessary.'” The chief discovered evidence that the vehicle “had stopped several feet from Hastings ‘and that the driver was in the process of reversing direction when the shots were fired.'” Hastings also claimed that Moore drove past him; however the car came to rest after colliding with a parked vehicle behind it, supporting the evidence that the car was moving in reverse.

Hastings has a history of disciplinary issues with department, having been suspended six times in the five years prior to the shooting. Hastings was booked into jail, but made bond and was released. The felony manslaughter charge carriers a maximum penalty of ten years in prison and a $10,000 fine. Hastings attorney stated that he believes his client used a reasonable amount of force. Hastings has been relieved of duty while administrative proceedings are underway.

Officer charged in Arkansas teen’s shooting death, www.miamiherald.com September 07, 2012.

Published on: September 6, 2012

Abuse Allegations Pour From Florida Institute for Neurologic Rehabilitation

by Friedland | Carmona

“You have more freedom in prison and at least there you know when you are getting out,” says one disability advocate in regards to Florida’s Institute for Neurologic Rehabilitation (FINR), one of the largest rehabilitation centers for brain injured patients in the country. Over the past decade, hundreds of reports have unveiled abuse at the facility, yet it remains open with its beds full. FINR is a private facility that houses patients suffering from all types of brain injuries, including memory loss, physical handicaps, inability to control violent anger and sexual aggression. However, because FINR is a for-profit facility, it is selective of the residents it accepts and typically only accepts those who can pay for their own care, via settlements or state aid, because such care can reach $1,850 per day. Peter Price, a resident who swallowed five fish hooks and 22 AA batteries as an escape mechanism, and his family have instrumental in exposing that horrid conditions and abuse that many residents suffer at FINR. Over twenty former and current patients have spoken out about the abuse at FINR and many have filed for criminal charges and civil lawsuits. Many contend that Florida law enforcement and medical examiners have been instrumental in masking that history of violence and death that exists at FINR.

Florida’s Department of Children and Families has received almost 500 abuse allegations since 2005 and law enforcement has “verified” almost forty of those complaints. Currently, three FINR employees are facing criminal charges for abusing residents. Two staffers have been charged for abusing an autistic patient after a video surfaced of them punching, elbowing and slapping the patient because he was making noise as they were trying to watch television. Another video surfaced depicting a staff member as he pulls another autistic patient from his seat, kicks the patient’s legs out from underneath him and throws him to the ground. In 2005, a former Marine died from “positional asphyxia” after FINR employees pinned him face down until he was no longer breathing. His family received $5 million in their negligence suit against FINR. Two other families settled confidential lawsuits with FINR for the death of their loved ones in 2005.

Last year, a patient who was to be fed via a feeding tube died from choking on food a staff member served him that he was unable to eat. Other residents stated that they were often “taken down” and beaten by staff members. Another patient claimed a staff member kicked her in the face with a boot. While admitting that she sometimes needed to be restrained, she claims that the force and frequency FINR staff members used was unnecessary. Additionally, the patient received none of her ordered psychological therapy, despite paying $310,000 annually to FINR. Also, the medical examiner concluded the cause of death for a patient who died less than six months after being admitted to the facility as “Sudden Ventricular Arrhythmia due to Schizophrenia.” The patient had never been declared schizophrenic and the medical examiner was unable to remember why she concluded the patient was schizophrenic. The patient was to be monitored 24 hours a day, but died while her night monitor was asleep.

Over the past four years, twenty one patients have been pulled from the facility because a D.C. investigation revealed that FINR violated its patient’s human rights by restricting their communications with people outside of the facility, reading emails and using drugs as a form of punishment. FINR often prohibits the out of state patients from travelling home to attend hearings. Additionally, FINR accepts mentally ill patients even though its license is for brain-injured patients.

Abuse of Brain Injured Americans Scandalizes U.S., www.bloomberg.com July 24, 2012.