PHYLLIS KOHN vs. NCBR CORPORATION d/b/a NEW CENTURY BUFFET, HARVEST VALLEY, INC., and R.K. ASSOCIATES INC.
Oct 06, 2010
OUTCOME: Defendants met plaintiff's demand on the third day of trial after the close of plaintiff's case.
On Feb. 20, 2008, plaintiff Phyllis Kohn was on a walkway behind defendant New Century Buffet at the California Club Mall in Aventura when she slipped and fell on vegetable oil. Plaintiff alleged that ...defendant Harvest Valley spilled a container of oil earlier that day while making a delivery to the New Century Buffet. She further claimed that both New Century Buffet and defendant R.K. Associates, the owner of the mall, knew about the spill and failed to clean it up. All three defendants denied liability.
Personal injury
Wilner Wilson v. Pride of Fort Lauderdale Lodge 652, Improved Benevolent Protective Order of the Elks of the World
Apr 30, 2009
OUTCOME: The jury awarded plaintiff $65,045
On Jan. 6, 2006, plaintiff Wilner Wilson, a 50-year-old warehouse employee, was exiting a Fort Lauderdale Elk's Lodge when he tripped and fell on uneven pavement outside the lodge. Wilson had consumed ...two rum and sodas at the lodge's bar, which was only open to non-members one night a week. He broke his tibia and fibula as a result of the fall.
Wilson sued Pride of Fort Lauderdale Lodge 652, Improved Benevolent Protective Order of the Elks of the World for premises liability.
The Elk's Club denied liability, claiming that Wilson was intoxicated and that his negligence and preexisting health condition caused his fall (nine months prior, Wilson suffered a stroke that caused residual left-side weakness).
The defendant's orthopedic surgery expert testified that the combined influence of alcohol, pain medication, and the effects of Wilson's stroke caused the plaintiff to lose his balance and fall.
Personal injury
Jamie S. Clonch, individually and as natural mother and legal guardian of Anthony Clonch, a minor, v. Judd Hobdy
Mar 29, 2007
OUTCOME: The jury found the defendant guilty and awarded damages for medical bills, past and future pain and suffering.
The plaintiffs in this case were victims of assault and battery. They sued their attacker for assault, battery, and intentional and negligent infliction of emotional distress.
Defense counsel deni...ed all allegations.
Medical malpractice
The estate of JASON CAMPBELL vs. VICTOR SHABANAH, M.D. and ZACHARY MENEGAKIS, M.D.
Jun 14, 2002
OUTCOME: Verdict: $6,088,203.78 for Plaintiffs against Defendant Dr. Shabanah
Cause of Injury: On October 13, 1998, decedent was involved in a motor vehicle accident and was brought to North Broward Medical Center for treatment. Upon admission, decedent had a broken left arm and... an abnormal chest x-ray, as well as contusions. A CT Scan of the chest revealed an abnormal appearance from the aortic arch and a tear of a portion of the descending aorta. Defendant Dr. Shabanah was the thoracic surgeon who evaluated decedent and scheduled decedent for surgery to repair the tear in the aorta, using a “cut and saw technique†without placing decedent on a heart-lung bypass machine. (North Broward Medical Center does not have a heart-lung bypass machine. If use of this equipment was required, decedent would need to be transferred to Broward General Medical Center for surgery.) Radiographic studies done before surgery indicated that the injury to the aorta involved the aortic arch; thus a heart-lung bypass machine was required. Defendant Dr. Menegakis was the assigned anesthesiologist for decedent's surgery. Dr. Menegakis recommended to Dr. Shabanah that decedent be transferred to Broward General Medical Center for surgery because he believed that it would be wiser to have a heart-lung bypass machine available for the procedure. Dr. Shabanah told Dr. Menegakis' a transfer was not needed. Decedent was taken into surgery. The procedure should have taken approximately three hours, but decedent's surgery lasted more that twelve hours. The surgeon encountered uncontrolled bleeding and, due to the area where the tear was located, it could not be repaired without the use of a heart-lung bypass machine.
Nursing home abuse and neglect
ABBIE MCINTOSH vs. POMPANO REHABILITATION & NURSING CENTER, INC.
Jun 06, 2002
OUTCOME: Verdict: $2,097,616.89 for Plaintiff
Cause of Injury: Decedent was admitted to Defendant's rehabilitation center in Pompano Beach as a short-term care patient following a joint replacement of her left hip on June 3,1999. Plaintiff alleged... that on June 17, decedent's surgical wound was negligently torn open by one of Defendant's staff and decedent's bed pan was poured into the wound site. Plaintiff underwent two surgeries to clean the wound infection. Plaintiff further alleged that decedent was not repositioned properly and as a result she developed a stage IV decubitus ulcer on her coccyx; and that decedent was allowed to develop a severe peg tube infection. The nursing home's defense included evidence that the single ulcer was unavoidable due to complicating factors in decedent's condition, including morbid obesity, refusal of proper nutrition, and repeated refusals to accept proper care and treatment, including refusal to permit aides to turn or reposition her due to pain from her previously existing severe degenerative osteoarthritis, which necessitated the hip replacement surgery. According to the nursing home, a resident's right to refuse care and treatment must be honored and her refusal of care added to the development of one ulcer.
Nursing home abuse and neglect
MARVIN SILVERMAN vs. OAKWOOD TERRACE
May 11, 2001
OUTCOME: Verdict: $856,836.26
Cause of Injury: On November 12, 1998, decedent fell in her home and was transported for emergency care and treatment to Parkway General Hospital. In the emergency room, she was diagnosed with fracture...s of the right ankle and left foot. A consultation with a surgical resident podiatrist took place in the emergency room on November 12 and he completed a closed reduction of the right ankle fracture and placed a cast on the left foot fracture. The resident also completed a transfer sheet with discharge orders that included sending decedent to a rehabilitation facility. The orders specified that decedent was to be followed by a member of the DPM (podiatry) team at Parkway Hospital within seventy-two hours. Because no beds were immediately available, decedent was admitted by Dr. Carmel Barreau to Parkway Hospital for observation. The following morning, decedent was seen by Dr. Barreau, the surgical resident podiatrist and his supervising attending physician, Dr. JoAnn Orphanos. Dr. Barreau wrote a consultation note. Dr. Orphanos did not indicate anywhere in the record that she personally saw decedent on that morning. No physician prescribed deep vein thrombosis (DVT) prophylaxis, despite knowledge that decedent was at a high risk for its development due to multiple trauma of the lower extremities, advanced age, immobility, and history of hypertension. In addition, no physician contacted decedent's Humana primary care physician to obtain other critical information in her history, which, if known, would have placed her at an even higher risk for development of DVTs.
On the evening of November 13, 1998, decedent was transferred to Defendant's Oakwood Terrace Skilled Nursing & Rehabilitation Center in N. Miami Beach. Throughout her stay at the nursing home, decedent refused to allow the staff to touch her. Decedent was medicated for pain on multiple occasions, yet remained uncooperative with caregivers about being assessed and participating with rehabilitation. On each day of her admission, the Humana Hospitalist assigned to the nursing home, Dr. Marie Desrosiers, was called for various complaints. Dr. Desrosiers did not come into the facility until November 17, 1998, at which time she conducted her initial evaluation and ordered DVT prophylaxis based on decedent's risk factors. On November 18, 1998, decedent had shortness of breath while in the physical therapy department of the nursing home. Decedent was returned to her room where she was evaluated by the nursing staff. Dr. Desrosiers was notified and decedent was transferred to Aventura Hospital. Several hours following her admission to Aventura Hospital, decedent died of a pulmonary embolus.
Personal injury
JOSE GONZALEZ vs. NURY M. SUAREZ
Dec 08, 2000
OUTCOME: Verdict: $4,961,018
Cause of Injury: On June 20, 1999, Plaintiff was residing in a garage apartment in Ft. Lauderdale owned by Defendant. At 7:00 a.m., Plaintiff went into the kitchen and as he opened the kitchen cabinet,... it became dislodged from the wall, and struck Plaintiff in the head. Plaintiff was diagnosed with Central Cord Syndrome and underwent an anterior cervical discectomy at C3-C4, C4-C5, C5-C6, and C6-C7. Plaintiff developed pulmonary and cardiac problems secondary to the spinal cord injury and was placed on a ventilator for several months. Plaintiff has not regained control of his spinal cord function, and has been diagnosed with quadriparesis.
Defendant denied liability.
