GOLDLAW – West Palm Beach Personal Injury Lawyers, Car Accident, Slip & Fall – Law Offices of Craig Goldenfarb

Category: Wrongful Death

wrongful death cases, which are cases in which a death occurs due to negligence

  • Parents of 10-Year-Old Autistic Tahfin Chowdhury May Have Wrongful Death Case Against Turtle Cay in Riviera Beach Drowning

    Parents of 10-Year-Old Autistic Tahfin Chowdhury May Have Wrongful Death Case Against Turtle Cay in Riviera Beach Drowning

    Ten-year-old Tahfin Chowdhury became the sixth child in Palm Beach County to drown in 2022, after going missing on Sunday, November 27, according to the Palm Beach Post.

    Described as an autistic, non-verbal child who liked the water, Chowdhury was reported missing by his family Sunday afternoon. An intensive search for him started shortly after 2 p.m., and his body was found hours later in a pond in the Turtle Cay community in Riviera Beach where he and his family lived.

    Possible Wrongful Death Claim for Tahfin Chowdhury Family?

    In the drowning of Tahfin Chowdhury, several factors must be considered to determine if the family has the grounds to pursue a wrongful death lawsuit. For example: Was adequate fencing or barriers in place around the community lake, knowing that an autistic child was a member of the community? What safety precautions, if any, were present that could have presented this tragic death?

    Residents expect their children to be kept safe in the communities they live in, especially children with disabilities. For Tahfin Chowdhury’s family, the question now becomes, did the Turtle Cay community do enough to ensure the safety of their autistic child?

    Our law firm has handled drowning cases in the past, and we have pursued property owners for inadequate or non-existent preventative measures that should have been in place to prevent a tragedy.

    Drownings Common Among Autistic Children

    Drowning is among the leading causes of death for people with autism, like Tahfin Chowdhury, according to studies done by the National Autism Association. Children with autism are often attracted to the water, and that requires special preventative steps, says Anna Stewart, Manager of the Drowning Prevention Coalition of Palm Beach County.

    “It’s really important that [people] use layers of protection inside and outside the home, door alarms, window alarms, fencing. Obviously, supervision is most important, but we know that you can’t watch a child 24 hours a day, seven days a week.”

    Accidental Drowning Liability Cases

    Access to water, whether it be swimming pools, the ocean, or community lakes and ponds, is highly available in Florida, so it should come as no surprise that drowning accidents are common in Florida communities. Between 2017 and 2019, Florida ranked highest in the United States for child deaths from drowning, according to the Florida Department of Health, and fourth among all states for fatal drownings. Common causes of accidental drownings include:

    • Improper safety precautions, i.e. lack of fences or barriers
    • Lack of supervision
    • Negligence on the part of the property owner

    To get the answers needed, it makes sense to hire a firm that has significant experience in premises liability cases involving drowning deaths. The team of attorneys at GOLDLAW understand the legal rights of the victim’s family and are not only committed to getting the maximum amount of compensation possible but also to helping the family recover from their loss.

    Have questions about an accidental drowning or wrongful death? Contact our office at (561)222-2222.

  • Christopher Cipra Family May Have a Case for Wrongful Death

    Christopher Cipra Family May Have a Case for Wrongful Death

    Christopher Cipra’s golf trip with friends to Florida went from bucket list event to tragedy.

    The father of one from Houston, Texas, died after falling from the back of a golf cart at the Floridian National Golf Club in Port St. Lucie, Florida, on April 27, 2022.

    Despite charges being dropped from the driver responsible, Christopher Cipra’s family may have a legal case for wrongful death. The legal standard for a criminal case is quite different from the legal standard to bring a civil case for “negligence,” which is what our law firm specializes in doing.

    The driver of the golf cart was arrested on a felony DUI manslaughter charge, which was later amended to a lesser misdemeanor DUI charge, which was also later dismissed by authorities. Despite the initial charges, the State Attorney’s Office has announced that the driver is no longer being held criminally liable for Cipra’s death.

    Police said their initial investigation indicated three people left the club in a golf cart and were traveling to a residence in the community. The cart drove over a raised man-hole cover, causing Christopher Cipra, who was standing in the rear of the cart, to fall off and hit the roadway. He was transported to Tradition Medical Center, where he was pronounced dead.

    Possible Civil Case for Christopher Cipra’s Family

    According to Assistant State Attorney Spencer Scott, there was no evidence that Hehr drove recklessly, and a lack of physical evidence to prove a crash occurred, reports said.

    Despite that, there are many factors that may have contributed to Christopher Cipra’s death. Personal injury law firms, like ours, have many investigative resources to review the circumstances of accidents such as these that law enforcement does not.

    Notice: As a personal injury law firm, we frequently provide legal analysis and opinion on news stories in the hope that the family and friends of the victims may gain some valuable insight into our theories of transportation accidents surrounding the available facts. Respectfully, our hearts and thoughts are with those who have suffered a catastrophic injury or death.

  • Family of Sydney Wolf May Have Legal Case Against Lyft and Driver

    Family of Sydney Wolf May Have Legal Case Against Lyft and Driver

    Sydney Wolf was hit and killed this past Sunday by a passing car after police say his Lyft driver kicked him and five other passengers out of the vehicle near Dewey Beach, Delaware, according to news reports. His surviving wife and two young daughters may have a case against Lyft and the ride-share driver.

    Police told reporters the Lyft driver stopped the vehicle in the middle of a southbound lane on Coastal Highway after a disagreement with the passengers and ended the ride, demanding that all six get out.

    The driver of a passing Toyota Corolla changed lanes to avoid striking the rear of the Lyft. Sydney Wolf had exited the right rear passenger seat and was standing in the roadway when the sedan struck him. He was later pronounced dead at the scene.

    Sydney Wolf worked as a re-election campaign manager for a Maryland County councilmember and previously served as a former senior policy adviser for former New York Gov. Andrew Cuomo, according to ABC affiliate WJLA.

    Similar Case to Sydney Wolf

    Our law firm has represented many victims and their families in tragic cases involving Lyft and its drivers, including a starkly similar case in Texas in which a 25-year-old woman died after being kicked out of a Lyft in June. Her mother learned through media reports that an unidentified woman had been struck and killed on the roadway where her daughter had been walking home. Two days later, the local medical examiner confirmed it was her daughter.

    In the death of Sydney Wolf, the driver of the Lyft who kicked him out of the vehicle has been identified by law enforcement, but no charges have been filed as of the writing of this article.

    Notice: As a personal injury law firm, we frequently provide legal analysis and opinion on news stories in the hope that the family and friends of the victims may gain some valuable insight into our theories of negligence surrounding the available facts. Respectfully, our hearts and thoughts are with those who have suffered a catastrophic injury or death.

    If you would like a free, confidential consultation about an incident, please contact us today at 561-222-2222.

  • Family of Supraja Alaparthi May Have Legal Case in Parasailing Incident

    Family of Supraja Alaparthi May Have Legal Case in Parasailing Incident

    Supraja Alaparthi’s family may have a case against any company or person found responsible for the tragic parasailing incident on Memorial Day in the Florida Keys that killed her and injured her young son and nephew.

    The 33-year-old mother from Schaumburg, Illinois, was killed after a sudden storm prompted a boat captain to cut loose the parasail. The inflated parasail then dragged the family across the ocean and slammed them into Old Seven Mile Bridge in the Florida Keys, according to a report by the Associated Press.

    The boat captain, Daniel Couch, 49, who works for Lighthouse Parasail Inc., which is based in Marathon, cut a line tethered from the 31-foot boat to the parasail because it was dragging the boat, according to the Florida Fish and Wildlife Conservation Commission. Couch could face criminal charges, according to news reports.

    Mark McCulloh, a parasailing safety consultant from Maitland, Florida, told the Associated Press that boat captains should never cut the cord when people are in the air.

    “No, no, no. That’s not even in the cards,” McCulloh said. He noted that, generally speaking, a captain is giving up control by cutting the line.

    “You run a huge risk because it’s windy. When the parasail lands in the water, it doesn’t stop moving,” he said. Turning the boat from side to side is considered a better way to lessen the tug on the line.

    Good Samaritan

    A nearby boater, John Callion, witnessed the incident around Pigeon Key and tried to rescue Supraja Alaparthi and the boys, pulling them into his boat and taking them to waiting paramedics, the U.S. Coast Guard said in a news release.

    Callion told the Miami Herald that the storm developed suddenly, “It was pretty much flat calm, but you could see the storm coming. All of the sudden, the temperature dropped by 10 degrees and the wind started blowing like crazy.”

    Supraja Alparthi was pronounced dead at the scene. Her son Sriakshith Alaparthi, 10, and nephew Vishant Sadda, 9, were both injured.

    The Coast Guard and Florida Fish and Wildlife are continuing to investigate.

    Notice: As a personal injury law firm, we frequently provide legal analysis and opinion on news stories in the hope that the family and friends of the victims may gain some valuable insight into our theories of negligence surrounding the available facts. Respectfully, our hearts and thoughts are with those who have suffered a catastrophic injury or death.

    For a free, confidential consultation about an incident, contact us today at 561-222-2222.

  • Reynald French: Truck Driver May Be At Fault in Pedestrian’s Death

    Reynald French: Truck Driver May Be At Fault in Pedestrian’s Death

    Deerfield Beach resident Reynald French, 55, was killed March 24 by a turning tractor-trailer on State Road 7 in Boca Raton.

    In situations such as these, it is not always clear whose fault the incident was. Truckers are subject to many different detailed regulations requiring them to get adequate sleep, only travel a limited number of miles per day, and satisfy many different federal rules.

    In addition, most commercial trucks have a “black box” which records vehicle data such as stopping distance, speed, and other data.  An experienced personal injury firm can investigate such tragedies to determine if the trucker may have been partially at fault for this unfortunate tragedy.

    In Florida, a jury can find any percentage of fault against a driver in a fatal crash.

    Authorities say Reynald French was walking on the sidewalk along State Road 7. The truck driver was making a right turn into the Twin Meadows Lake development. French stepped off the sidewalk, hit the side of the truck, and fell. He was then run over by the truck driver’s rear wheels. An ambulance was called, and Reynald French was taken to a local hospital, where he was pronounced dead.

    Florida is the most dangerous state for pedestrians. A study from pedestrian safety organization Smart Growth America found that the state leads the nation in pedestrian deaths in traffic accidents. From 2010 – 2019, Florida had 5,891 pedestrian deaths, or about 2.8 for every 100,000 people.

    Reynald French’s funeral was held on Saturday, April 1. Friends and family members remembered Reynald as a kind, loving member of his church and community.

  • Champlain Towers Collapse Update – Where We Go From Here

    [vc_row][vc_column][vc_column_text]On Thursday, June 24th, 2021, the unthinkable happened when the Champlain Towers South, a 40-year-old condo building located in Surfside, Florida, collapsed. The catastrophic failure has left at the time of publishing nearly a hundred dead with at least fifty residents still missing. Of course, there are many questions surrounding this horrific tragedy, but the most important one still lingers: could this collapse have been prevented, and where do surviving families and those affected go from here?

    Could the Champlain Towers Condo Collapse Have Been Prevented?

    While the cause of the collapse is unknown at this moment, in just two week’s time, several sources have come forward citing they alerted the building’s management of significant structure damage, standing water, and cracked concrete. Management companies must maintain a safe environment for residents and employees, including ensuring that dwellings are well-managed both aesthetically and structurally.

    Unfortunately, when procedures aren’t followed, tragedy can strike. In this case, the management’s failure to act could be a key factor in this horrific accident that has shaken Florida residents.

    Why Structural Integrity Concerns Went Largely Unaddressed

    The building itself was going through a “40-year safety certification process” which according to ACG Engineering Services Inc. is “required for buildings 40 years or older that are located in Broward and Miami-Dade Counties. An inspection and recertification are repeated every 10 years following the building’s 40th year anniversary.” Broward County created the program in 2005 and it became effective throughout Broward County in January 2006.

    “Modeled after Miami-Dade County’s program, which was established in the mid-1970s, Broward’s program calls for structural and electrical safety inspections for buildings 40 years old or older and every ten years thereafter. By having such a program in effect we are minimizing the possibilities of future building failure and will be better prepared for hurricane winds.” Source: broward.org

    The minimum guidelines require reporting on elements like walls, cracks, roof, framing systems, rebar corrosion and more. Yet a 2018 report shows there were concerns about the building’s structural integrity even three years ago. It identifies “major structural damage” to the concrete slab the building’s ground-floor pool deck rested on.

    The report also highlighted cracked columns and a parking garage that often flooded with corrosive saltwater. Worse, the report goes on to note that many efforts to fix problems like exposed rebar in the parking garage columns also failed. Under the pool deck, “where the slab had been epoxy-injected, new cracks were radiating from the originally repaired cracks,” the report said. The firm responsible for the report, Morabito Consultants, was later hired in 2020 to complete the 40-year safety certification and catalog repairs that needed to be done.

    “At the time of the building collapse, roof repairs were underway, but concrete restoration had not yet begun,” a statement from Morabito Consultants said.

    More concern remain.

    Why Were Residents Ignored?

    Additionally, residents have come forward with prior complaints they made about a neighboring construction site. They claimed the noise from the site was causing the building to shake constantly and they were worried about the integrity of their own building. When reviewed, the management company stated they were unable to pursue any action because the construction site in question was just outside of the city’s jurisdiction.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column width=”1/2″][vc_video link=”https://www.youtube.com/watch?v=IPI3Zpn8rEE” align=”center” css=”.vc_custom_1626142269644{margin-top: 25px !important;margin-bottom: 25px !important;}”][/vc_column][vc_column width=”1/2″ css=”.vc_custom_1626142364495{margin-top: 25px !important;margin-bottom: 25px !important;}”][vc_column_text]As for concerned residents in similar building types, Mr. Craig M. Goldenfarb, Esq., founding partner of our law firm, was quoted by local CBS affiliate CBS12 on the morning of June 29th, 2021 urging residents to “go to your HOA and demand to review recent inspection reports or structural integrity certification analysis, reviews, or audits.”

    More Posts on the Topic: Surfside Towers Collapse – How Could It Have Happened?[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]While most HOAs regularly perform inspections of buildings, they do not necessarily release the results. HOA’s have an incentive to be secretive and less than forthcoming when it comes to these kinds of issues, as repairs are often costly and mean special assessments must be paid for by residents.

    Moreover, insist your HOA is up to date on the latest training and qualifications for the building and residents’ safety. Ask that they properly communicate what they are actively doing to abide by the newest and more relevant guidelines. Associations should take every measure possible to adhere to all procedures and policies that keep communities safe.

    What Happens When a Building Collapses

    Unfortunately, the Champlain Towers disaster is not an isolated incident. The first recorded building collapse happened in Washington D.C. in 1922 as a result of a build-up of snow on the building’s roof which caused it to cave in on more than 1,000 people. Sadly, the event caused 133 injuries and 93 deaths. Luckily almost 50 years passed without incident – until a luxury condo building in Boston collapsed in 1971 due to cheap, low-quality concrete.

    After this event, these tragedies became more frequent with causes ranging from illegal construction, under-researched building techniques and improper foundations.

    • New York – Aug. 3, 1973: The University Hotel had a basement that had been illegally altered which was the key in its collapse that killed four.
    • Connecticut- April 23, 1987: L’Ambiance Plaza collapse killed 28 and at $41 million in compensation, was one of the largest settlements and sparked a federal investigation into the practice of lift-slab construction.
    • California – Jan. 17, 1994: The Northridge area experienced an earthquake which is certainly something unable to be controlled. However, when the Northridge Meadows apartment parking area collapsed onto the first-floor units, it crushed them completely and killed 16 people. What was avoidable is the “soft-story construction,” which is a large open area on the ground floor, are to seismic activity.
    • Pennsylvania – June 5, 2013: In a case of gross negligence, a Philadelphia building being demolished fell onto a Salvation Army located next to the site and resulted in six deaths and 14 injuries. Two workers involved were convicted of voluntary manslaughter. A civil case would have certainly followed as the demolition company was a private company.
    • Louisiana – Oct. 12, 2019: Unsafe building practices and insufficient structure support was the cause of collapse for The Hard Rock Hotel in New Orleans which killed three workers and injured dozens of others.

    Source: The Daily News

    Sadly, the deadliest incident occurred on July 17, 1981, in Kansas City, MO, when the second and fourth-story walkways inside a hotel collapsed onto the lobby, killing 114 and injuring 200. A deeply tragic story that upon further investigation showed an incredible amount of wrongdoing, mismanagement, and a long list of other issues which could have been easily avoided and saved countless lives.  Many engineering classes use this as a case study to examine the safest practices in building and provide training and guidelines to ensure something like this does not occur again.

    Florida is no stranger to these occurrences; just three decades ago in Cocoa Beach, The Harbour Cay Condominium building collapsed a mere hours before construction was completed, killing 11 workers and injuring more than 20 people.

    The common thread between all of these events is legal action to hold those responsible for injuries and loss of life when a multi-story building collapses. A catastrophic event due to negligence can have a devastating impact on countless lives and it is critical to have accountability through legal action for justice, compensation and peace of mind. Our team of critical injury and wrongful death lawyers at the Law Offices of Craig Goldenfarb, P.A. understand your legal rights and are not only committed to getting you the maximum amount of compensation possible but helping you recover, so your life can move forward as soon as possible.

    What is next for the families of the Miami condo tower collapse? Preparation. Due to the delicate recovery and investigative efforts to identify the fault of the collapse may not begin for weeks, months, or even years. It is critical for victims and the family members of victims to hire a lawyer with proven litigation experience. With upwards of 150 victims who lost their lives in this terrible tragedy, their family members will need a firm that has a combined 150 years of courtroom experience and hundreds of millions of dollars in gross settlements over the 20 years we have been representing clients.[/vc_column_text][vc_column_text][/vc_column_text][templatera id=”5675087″][vc_column_text]

    How Our Team is Prepared to Serve you in High-Profile Wrongful Death Cases

    At the Law Offices of Craig Goldenfarb, P.A., our Critical Case team handles our wrongful death claims and clients throughout Florida. Craig Goldenfarb, Esq. personally manages this team, along with his highly-experienced and qualified team of litigators.

    Our attorneys are incredibly accomplished, with hundreds of millions of dollars in combined settlements & verdicts, and a sterling reputation for being tough, fair, and thorough with every one of our clients.

    Our attorneys are Board-Certified in Civil Trial Law by the Florida Bar, are AV-Rated Preeminent by Martindale-Hubbell, and have appeared in SuperLawyers, VerdictSearch, and Attorney at Law Magazine publications. Most of our attorneys have been litigating for 25 years or more.

    The Mistakes of Others Can Cost You Your Life

    Life is not accident-proof but through the exercise of regular care, basic safety measures, and proper oversite, catastrophes like the Champlain Towers South condo collapse could become more preventable. The incident has left condo-owners and residents with many questions and many more fears.

    What Should Occupants Expect from a Building Management?

    • Disclose information about safety measures for occupants
    • Release any critical information about the building’s structural soundness to residents immediately
    • Regular upkeep and repairs as well as cyclical maintenance

    How to Determine if a Premise Accident or Wrongful Death is Due to Negligence?

    Under Florida law, the property owner or the possessor of the property is liable for injuries that result from a dangerous condition on the property.  Owners and possessors owe a duty of care to maintain the property and to protect individuals who enter the property from the unreasonable risk of harm. A case must have four elements to be considered a premise accident of wrongful death:

    • Negligence: This includes the carelessness, recklessness or negligent actions exhibited by the defendant.
    • Causation: The Plaintiff must prove that damages occurred directly from the negligent action.
    • Damages: Quantifiable damages must be generated in order to prove the validity of the case.
    • Breach of Duty: Proof that a defendant owed duty to a plaintiff and that that duty was breached is critical. In the case of the Champlain Towers, the building’s management and maintenance crew had the duty to perform all necessary upkeep and repairs to keep the building safe for residents. Their negligence is what most likely caused the preventable collapse.

    [/vc_column_text][/vc_column][/vc_row][vc_row id=”5675092″][vc_column][templatera id=”5675092″][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]

    What Damages Can Be Recovered in a Wrongful Death Case?

    Some of the most common damages that occur around a Wrongful Death case include:

    • Funeral costs
    • Medical expenses prior to death
    • Lost consortium
    • Lost monetary support
    • Lost companionship
    • Pain and suffering

    Our Florida wrongful death attorneys have extensive experience helping the families of wrongful death victims throughout all the counties of Florida. We understand that the grieving period after a loved one passes away is an important time, and legal matters are nowhere near the top of your priority list. However, it is important to act swiftly in retaining legal representation when the decedent’s passing was caused by an act of negligence from someone or something else. That’s because the time period within which you have a right to file a lawsuit is limited.[/vc_column_text][/vc_column][/vc_row]

  • Ramsey Family of Jupiter Searching for Mother After Condo Collapse

    Ramsey Family of Jupiter Searching for Mother After Condo Collapse

    As efforts continue to untangle the debris from June 24th’s sudden collapse of the Champlain Towers condo complex, one Jupiter family has been holding out hope that their beloved mother somehow survived the horrific ordeal.

    Magaly Ramsey of Jupiter, her husband and family are hoping against all odds that their 80 year-old mother, whom they described as strong, resilient, and “self-made”, will be found. Mother and daughter lovingly share the same name.

    The Ramsey family is just one family of one victim. At the time of this posting, search and rescue teams have recovered 12 bodies with almost 140 still unaccounted for.

    Families have been remanded to the official reunification site for the disaster. Cell phone video shows tensions in the center running high as the days wane on with few and far between updates on recoveries.

    What victims’ families like the Ramseys can do now

    Craig Goldenfarb is interviewed in Miami to talk about the condo collapse
    Craig Goldenfarb is interviewed on CNN in Miami discussing the Surfside condo collapse.

    Surviving families of victims of the Miami condo tower collapse like the Ramseys have few options this early into the recovery and investigative efforts. The official cause of the collapse may not be available for months or even years. As we explained in an earlier article on why the condo might have collapsed, the first massive step towards understanding what happened begins with clearing out the rubble to get down to the surviving structure. Only then can what remains of the building be forensically investigated by structural engineers to determine the root cause of the building’s failure.

    Until then, hiring the right personal injury attorney would be a prudent decision to make. With upwards of 150 victims who lost their life in this terrible tragedy, the best strategy to protect the surviving families’ interests is to hire a lawyer with proven litigation experience. Our firm has that experience in our legal team, who combined, have more than 150 years of courtroom experience and hundreds of millions of dollars in gross settlements over the 20 years our firm has been representing clients.

    A lawyer with experience in high profile Wrongful Death cases

    Leading our Critical Case department, the powerful litigation arm of our law firm, is Mr. Craig M. Goldenfarb, Esq., the founder and sole partner of our firm. Our firm has represented many victims of Wrongful Death in highly publicized cases, including incidents of negligence on a mass scale such as the Surfside condo collapse. We have the compassion, experience, and resources necessary to handle long, complex litigation of this type to the best possible resolution for the families of victims – our clients.

     

  • LOCG Files First Covid19 Nursing Home Death Case Against Grand Villa Delray East

    LOCG Files First Covid19 Nursing Home Death Case Against Grand Villa Delray East

    [vc_row][vc_column][vc_column_text]The Law Offices of Craig Goldenfarb, P.A. announced on Friday, March 12th, 2021 that we’ve filed a complaint against Grand Villa of Delray East for their gross negligence and inaction for protecting the safety and livelihood of Sara Schleider. The lawsuit is filed on behalf of Mrs. Schleider’s estate and her surviving adult children.

    Mrs. Schleider was a resident of Grand Villa who had contracted the novel coronavirus and developed Covid19 when a severe outbreak occurred at the home in May 2020. Our lawsuit alleges that Grand Villa knowingly withheld from the family the knowledge that at least 43 other patients from that same memory ward had also contracted the virus, and 10 had already died by the time Mrs. Schleider was admitted to Delray Medical Center to undergo treatment for exposure. Mrs. Schleider died about from the disease about six week later.

    Mrs. Schleider is survived by her two adult children, Felice Vinarub and Howard Schleider, who are the Plaintiff’s in this Wrongful Death suit. Mr. Spencer T. Kuvin, Esq. is the lead litigator.

    Mrs. Sara Schleider was an accomplished pianist, a teacher, and a loving and doting mother, grandmother, and great-grandmother. Mrs. Schleider and her husband, Sam, a holocaust survivor, had expected to live out their years in quiet solidarity and comfort, surrounded by her loving family. Instead she died in a cold, sterile hospital room, alone, because of the gross mismanagement by the owners of the private for-profit Grand Villa Delray East for their failure to adequately protect and insulate their residents from the well-known threat of the novel coronavirus.

    Allegations of systemic failure to protect their residents or follow even the most basic sanitary guidelines

    Our lawsuit cites multiple systemic failures on the part of the management & owners of the private for-profit assisted living facility, citing both the family’s traumatic testimony and experience, as well as ACHA documents that allege the same. Sadly, this facility is but one of eighteen throughout the state owned by the same company – most of which have had similar problems.

    Among other violations, the facility failed to follow even the most basic precautions to prevent the spread of Covid19 within it’s walls, from mixing soiled laundry and sharing rooms between infected and non-infected patients, to failing to provide PPE to workers, or failing to adequately monitor that staff was using PPE. As a direct result, a worker brought the virus into the center, and it spread like wildfire – eventually infecting and killing Mrs. Schleider.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_gallery interval=”3″ images=”5677852,5677851,5677850,5677849″ img_size=”large” title=”Photos of Sara Schleider & Family”][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]

    Many of the allegations we’ve purported in our lawsuit are backed by evidence cited by the Agency for Health Care Administration, or AHCA, Florida’s regulatory authority over all long-term care, nursing homes, and assisted living facilities throughout the state. Among the many failures cited in their June 6th, 2020 visit include a lack of PPE for staff, soiled laundry from positive Covid-19 patients being stored next to clean laundry, a lack of cleaning protocol, and number staff members having tested positive for the virus. You can find that report here.

    Less a year follower her death, we are filing suit. Why so quickly? Senate Bill 74 (SB74)

    This lawsuit is being filed on a much quicker timetable than usual due to Tallahassee legislatures’ attempts to jam through a broad immunity bill that would protect even gross negligence perpetrated by nursing homes like Grand Villa across Florida, despite numerous ACHA reports that are now showing multiple systemic and organizational failures and violations for this and several other nursing homes throughout the state. Senate Bill 74 (SB74) has made its way through required committee hearings, and will likely be signed into law by Governor Ron Desantis as soon as next week.

    SB74 raises the standard of negligence that must be proven to bring forward a Covid19 lawsuit to what in practical terms amounts to criminal manslaughter, and it reduces the statute of limitations for death cases to only one (1) year. Those two provisions in the bill combine to effectively make it nearly impossible for families to seek justice for loved ones who died from nursing home or ALF Covid19 outbreaks.

    This week, the AARP published a strong opposition to the passing of SB74, as the number of inflections among the state’s thousands of nursing homes continues to climb, and the Covid19 death toll continues to disproportionately affect this vulnerable population. Other senior advocacy groups followed suit, and as personal injury lawyers, we too strongly oppose this unfair legislation, as it removes the citizen’s ability to decide what is and isn’t negligent via jury trial, usurping that constitutional power and instead bestowing it upon legislatures and the for-profit industry they are supposed to regulate.

    Click here to view the Zoom call recording of the press conference.[/vc_column_text][/vc_column][/vc_row]

  • Why are Florida Medical Malpractice & Wrongful Death Cases So Difficult to Litigate?

    Why are Florida Medical Malpractice & Wrongful Death Cases So Difficult to Litigate?

    When a loved one dies following a preventable medical error, people often seek help from an attorney. Unfortunately, under the intersection between Florida’s Wrongful Death Act, and the medical malpractice act, cause potential problems that could destroy a case before it ever begins. Read on to understand why.

    What is the Florida Wrongful Death Act?

    The Wrongful Death Statute has guidelines for who can bring a defendant to court in the event of a suspected wrongful death. Ordinarily, when someone dies as a result of the negligence of another, the survivors can file suit for the death of their loved one. These survivors ordinarily include a spouse and children of the deceased (regardless of their age).

    Unfortunately, when dealing with medical negligence, things are drastically different. The medical malpractice act specifies that if an adult over the age of 25 dies without a spouse or minor children (defined as children under 25 years old), no other family member can recover damages for pain and suffering after a wrongful death in a medical setting. What this means is that if you suspect a loved one died due to medical negligence, you can only file a malpractice lawsuit if you are the spouse or child under 25 of the victim.

    Sadly many people don’t find this out until after a loved one has died, and they learn that they have no legal recourse under the current legislation. When Gerald Giannillo, 51, died following a heart operation, his mother and long-term girlfriend were shocked to find out that no attorney could take their case for this exact reason.

    His girlfriend Tracey noted that they had discussed marriage, and had they known about this legal “loophole,” they would have made a point to get married before he had the surgery. Giannillo’s mother, Shirley Giannillo, says she isn’t concerned about financial damages, she just wishes there was some way to get an independent investigation into what went wrong with her son’s surgery.

    It’s important to note that Florida is the only state in the country with such a law, which some say amounts to a “free kill exemption” for doctors. Many in the medical industry find this term offensive, but the fact remains that a deceased patient with no spouse or minor children poses no financial liability to the doctor or healthcare facility.

    Alternatively, if the same medical practitioner were to kill a person with their vehicle, an adult child could still recover for the loss of their loved one. This creates an inexplicable contradiction between a medical practitioner killing someone on the road, versus killing them on the operating table.

    Florida also has a large population of widowed seniors, unmarried college students, and middle-aged single and divorced individuals whose children are over 25. For this reason, it’s estimated that more than half the state’s population falls into the “free kill” category.

    Florida uses the legislature to protect doctors specifically from wrongful death lawsuits

    How did Florida become the only state with such a problematic loophole in its wrongful death statutes? In 1990, the legislature changed an existing statute to allow adult children and parents of an adult child to bring wrongful death lawsuits in non-medical negligence cases — a right they didn’t have before. But medical negligence was specifically excluded.

    At the time, proponents of this legislation argued it was necessary to reduce healthcare costs in the state by lowering insurance premiums for doctors and healthcare facilities. They thought this would bring more qualified physicians and other healthcare workers to the state.

    Unfortunately, this has had the opposite effect. While healthcare costs continue to rise in Florida, along with the rest of the country, many providers who are sued for malpractice in other states move to Florida where they will be at lower risk of future lawsuits. Meanwhile, the state’s Medicare and Medicaid systems are not paid back for treatment in situations where no one has been able to prove medical negligence.

    Meanwhile, many Florida residents who are aware of the loophole feel it is unfair and unconstitutional, and some say it amounts to ageism or outdated ideas about what a family unit looks like. Essentially, many people are angry that the state believes their lives have no value if they don’t have a spouse or young children.

    In 2000, a case was brought to the state Supreme Court alleging “unequal protection” under the law for the adult children of a deceased patient. However, the Supreme Court upheld the constitutionality of the law, claiming it was necessary to improve healthcare access in the state. In February of 2018 an amendment to change the statute was proposed in the Florida house, but ultimately, the proposal was shelved after the committee chair called for a voice vote.

    Melody Page, who formed the Florida Medical Rights Association to fight the Wrongful Death loophole, says that politicians are simply too afraid of powerful insurance companies to do anything about the law. She’s right. But, the public can fight back – by hiring personal injury law firms like ours.

    How Craig Goldenfarb, P.A. fights back against negligence loopholes

    Simply put, our attorneys are fierce litigators who aren’t afraid of taking on difficult cases. Attorney Spencer T. Kuvin, Esq. has won several medical malpractice cases in pre-suit, in mediation, at at trial. Most recently, Mr. Kuvin won a very large settlement for the family of a young boy who died from a severe and acute ailment after a doctor had failed multiple times to attempt to diagnose him.

    Medical negligence and error are all around us in Florida. The problem is, the doctors and hospitals who provide care in our state are shielded by laws that financially and legally protect them from most civil complaints or lawsuits. We fight back by not being intimidated by that protection. We work hard to identify and provide what a doctor or health care provider did wrong (or what they didn’t do that resulted in injury) and we litigate with research, case law, theories of liability, experts, and our thorough understanding of the facts, allegations, and circumstances surrounding the case.

    If you or someone you know was permanently injured or killed by the hands of a health care provider, do not hesitate to contact us. Statute of limitations in Florida are short, and you do not want to risk your rights under the law expiring.

  • Father of 2 Teaching Son to Drive Killed After Another Car Crosses the Center Line, Causing a Collision

    A teenager in Winter Haven and his younger sister are now orphaned after a deadly collision on Sunday, July 7.

    Sandeep Beri, 57, was teaching his 15-year-old son to drive in their PT Cruiser. His 7-year-old daughter was riding in the backseat. Just before noon, a vehicle driven by 22-year-old Nanette Garcia crossed the center line and struck the PT Cruiser head-on, killing Beri and injuring his two children. The two minors are hospitalized and expected to recover, but sadly, they are now orphaned as their mother died of cancer in December.

    Authorities say the teenage driver was not at fault in the crash.

    “It wasn’t seconds. It was probably fractions of a second that she went from her lane of travel head-on into the vehicle. There was no time to react,” said Sheriff Judd of the Polk County Sheriff’s Office. “There is zero indication that he did anything but appropriately operate that motor vehicle. He was driving according to the rules.”

    Beri’s neighbor, Andrew Campbell, says Beri’s death has been a shock and loss to the neighborhood. “Every time I came out I would always get a wave and everything. When I first moved in here at the end of 2017, he was the first one who came over, and he offered us water and everything.”

    Campbell added that he hopes the children will be all right.

    “Sometimes these accidents and injuries carry on for a long time, emotionally or physically,” said Campbell. “I just hope they get better and come out the other side somehow.”