Florida Injury Lawyer Blog

Florida's citizens depend on emergency rooms for car accidents, heart attacks, strokes or other critical medical needs. Our emergency rooms have to function with both efficiency and accuracy or people's lives can be lost.

As a Miami Emergency Room malpractice lawyer, I have seen an increase in the number of preventable deaths and injuries from emergency room neglect. USA Today reported that some seven of our nation's hospitals actually have worse heart-attack death rates than the national average. You can compare your local hospitals mortality rate by clicking here.

Its more important than ever that emergency rooms are held accountable for the harm they cause. The absolute best way for patients to survive a visit to the emergency room is through information obtained before hand. Mercy Hospital in Miami, which I am presently suing for an emergency room delay that caused our client to suffer an irreparable stroke, now posts on its web site their current wait time, number of patients waiting and how long it will take to see a doctor. With the current technology, this kind of information, assuming its accurate, can save lives.

According to the Centers for Disease Control and Prevention thousands of people required an emergency room visit as a result of fireworks every year. The National Fire Protection Association reported nearly 10,000.00 fireworks related injuries in 2007.

One of the greatest risks of injury to Floridian involves the sale and use of illegal fireworks. Accordingly, Florida Statutes Section 791.015 requires any manufacturer, distributor or retailer to register annually with the Division of the State Fire Marshall of the Department of Financial Services, before any sale can be made. However, there does not appear to be a link where consumers can verify the registration of retailers, so demand to see proof of registration before you purchase any fireworks this year.

Here are five ways to prevent an injury:

1. Leave the fireworks to professionals. Watch but do not try to do it yourself.
2. Do not allow children under 8 years old to handle sparklers.
3. If you must light your own fireworks, have a operational fire extinguisher on hand.
4. Never set fireworks off near a home, car or any body who is smoking.
5. If injured seek immediate medical care at your nearest emergency room.

Practicing law can be pretty difficult. After nearly twenty years of representing injured victims in cases across Florida, it was nice working with lawyers outside of a court house.

On Saturday, I had the opportunity, as a Florida lawyer and proud member of Lawyers to the Rescue to participate in a Habitat for Humanity project in Liberty City. Liberty City is one of the lowest income residential neighborhoods in Miami.

The entire Aronfeld Trial Lawyers team showed up, along with attorney members from other law firms, with hammers in hand. I was surprised to see my paralegals on the roof, side by side with lawyers, hammering away.

Giving back to a community that has given me so much was both an honor and a privilege. I urge anyone interested in participating in the next Lawyers to the Rescue event to go on line and join. Plus you do not have to be a lawyer to be a member.

The trial is cancelled.

The next federal bellwether trial on Chinese drywall was set to begin in the New Orleans courtroom of U.S. District Court Judge Eldon E. Fallon on Monday.

But the there has been a a last-minute settlement reached between Chinese drywall manufacturer Knauf Plasterboard Tianjin Co. Ltd. and plaintiffs in the two Louisiana cases set to go to trial next week.

The settlement, which has not been signed but could be finalized within a matter of hours, will involve a comprehensive remediation of the two Louisiana homes, similar to what Judge Fallon mandated in his prior rulings and what the U.S. Consumer Product Safety Commission has recommended in its interim guidelines. It involves ripping out all the drywall, along with entire electrical system and other components.

Both sites -- a single-family home and a duplex -- were built with a mix of Chinese and domestic brands of drywall. Consequently, the bellwether trial, which had been scheduled for two weeks in Fallon's courtroom, will be canceled.

This is great news for the thousands of plaintiff's in the MDL, including many of our clients.

The South Florida Business Journal reports, "Testimony concluded shortly after noon Wednesday in the nation's first jury trial involving Chinese drywall.

The case being heard in Miami-Dade Circuit Court pits homeowners against Miami-based Banner Supply Co., which sold imported Chinese-manufactured drywall in 2006.

Closing arguments were set to begin yesterday.  I personally attended part of the trial on Tuesday in time to see the direct examination of one of the plaintiffs.  The court room was full of lawyers, media and others waiting for the outcome of this trial.

The plaintiffs are represented by my friend and mentor, the great Ervin Gonzalez, so they have in my opinion a near 99% chance of succeeding and setting the bar high as to damages for all other trials to come.

Monica Jimenez is the victim of a laser hair removal procedure gone wrong. Here she speaks with me in my office to educate others on how not to be a victim too.

I have the privilege of representing this strong young woman. I applaud her for going public with this traumatic event to help others stay safe. As a Florida medical malpractice attorney, I have helped plenty of clients like Monica who have suffered preventable cosmetic surgery injuries. I encourage everyone to take a few extra minutes to do some research on any potential doctor they are considering using for a procedure. Especially an elective cosmetic procedure.

Check out the Florida Department of Health's website to learn more about your doctor.

Got a sad call Richard Serpe Serpe last night. The federal judge in Norfolk, Virgina ruled that an insurance company did not have to pay a homeowner for damages caused by the toxic Chinese drywall. Judge Robert Doumar's ruling stated, however, the Court will not categorically rule out the possibility that other as-yet-unclaimed losses might be subject to coverage under the Policy's ensuing loss provisions. The ruling could be cited by other insurance companies looking to deny claims filed by homeowners and maybe even tenants.

Chinese drywall was used by the now-closed Venture Supply Company in Norfolk. I was there last week photographing drywall and meeting with Venture's owner.

Homeowners claim it was responsible for corroding electronics and emitting an odor. Some families are convinced it has led to health problems.

The government maintains the best fix Drywall is to remove it completely, but many homeowners say they can’t afford to do so.

A Florida judge granted Class Action status for 152 families with claims against South Kendall Construction Corporation, Palm Isles Holdings, Keys Gate Realty and Banner Supply.

In addition to contaminating the houses, there are claims of personal injuries as well.

Last week, on behalf of the Plaintiff's Steering Committee I travelled to Norfolk, Virginia to inspect first hand a warehouse containing the toxic drywall. Families in Virgina are being represented by attorney Richard Serpe. Richard is a very good friend of mine and should be credited as being one of the first attorneys in the country to represent people against both drywall manufacturers and distributors.

Richard also was the lead counsel in the first drywall trials in New Orleans. He is at the very forefront of this case and has developed much of the discovery, facts and testimony that is being used in cases in Florida and Louisiana.