$2.3 million Settlement in Shocking Nursing Home Abuse Case ( Duval County)
The elderly plaintiff in this tragic case was dumped from her wheelchair by a Certified Nurse’s Assistant who was attempting to push her, face forward, down a stepped embankment. The 92 year-old, plaintiff was being transported back to the Defendant’s Jacksonville, Florida nursing home following an appointment with her vascular surgeon. As a result of the nursing home employee’s negligence, the elderly plaintiff fell out of her wheelchair violently striking both of her lower legs on the sharp edge of the concrete curb. After suffering for thirty-four (34) days, the plaintiff died due to multiple leg fractures, pressure sores, severe malnutrition and resulting complications.
During his investigation, attorney Frank F. Fernandez, III, discovered that instead of using an accessible wheelchair ramp less than 25 feet away or reversing the chair and backing the plaintiff down the curbed embankment, the Defendant’s CNA aide wheeled the frail, unrestrained plaintiff forward off the curb. In addition to the family members’ claims for compensatory damages, the Plaintiff received permission from the Duval County Court to pursue a claim for punitive damages against the nursing home. At mediation shortly thereafter, the case settled for $2,300,000.
$2 million Settlement for Sons of Murder Victim ( Lake County)
Jennifer Gentry Fernandez represented the sons of a woman who had been brutally murdered in her apartment home at the hands of a maintenance worker, Earl Rozier. The deceased woman’s body was discovered by her then 11-year-old son and the decedent’s disabled 13-year-old son witnessed the horrific event. Mrs. Fernandez (who is also of counsel with a Winter Park, Florida law firm) brought suit against the owner of apartment complex, Oaks of Spring Valley, for the negligent hiring, retention and supervision of the Rozier, resulting in the woman’s death. The perpetrator of the crime killed himself shortly after the woman’s murder.
As a result of thorough investigation, Mrs. Fernandez was able to develop a powerful case against the out-of-state company who owned the Orlando-area apartment complex. Mrs. Fernandez discovered that Rozier had an extensive criminal background --- including felony aggravated battery --- prior to being hired as a maintenance worker with access to tenant’s apartments. More importantly, Mrs. Fernandez was able to present evidence that the apartment manager who hired Rozier had full knowledge of this prior violent incident and hired him anyway. Further investigation revealed witnesses who had complained to management – to no avail -- about improper conduct by Rozier before the murder.
In addition to the survivors’ claims for compensatory damages for the loss of their mother, the Plaintiffs received permission from the Seminole County Court to pursue a claim for punitive damages against the apartment complex. At mediation shortly thereafter, the case settled for two million dollars.
Thirty day $300,000 Settlement in Boating Negligence Case ( Hillsborough County)
On June 5, 2004, the plaintiff, a 26-year-old, fulltime USF college student was invited to go water skiing with a group of young friends at the premises owner’s home. The homeowners live on a Tampa lake and regularly hosted water skiing parties. On the day of the incident, the plaintiff and eight other young adults set out to go wakeboarding and tubing on the lake. The plaintiff, the boat owner and another individual were being pulled on inner tubes behind a motor boat with a young woman at the wheel when the plaintiff fell from the tube. Despite the fact that he had fallen and the fact that there were other watercraft and at least one other ski boat without a spotter operating in the vicinity, the driver continued to pull the other tubers around the lake.
At this same time, 16-year-old Joseph Guagliardo, Jr. was pulling a wake boarder behind his family’s 19-foot Mastercraft and was rapidly approaching the plaintiff in the water. As the plaintiff waived and screamed in an attempt to attract Guagliardo’s attention, he realized that the driver was not looking where he was going but behind him, at the wake boarder. Unable to submerge himself in the Coast Guard mandated flotation vest and unable to swim out of the way of the speedboat, the plaintiff was struck by the speedboat. He suffered a traumatic above-knee amputation of the right leg and deep lacerations of his thigh and chest.
Through extensive investigation and the preparation of a detailed demand, Mr. Fernandez was able to reach a settlement within thirty days of providing a settlement demand to the homeowner’s insurance carrier. Detailing his client’s significant injuries and the property owner’s potential exposure, the liability insurer tendered their $300,000 policy limits in settlement of the claim. This settlement was reached before suit was filed. A lawsuit against the owners of boats involved in this tragic case has recently been filed.
$112,328 Medical Negligence Trial Verdict for 88-year-old Plaintiff ( Alachua County)
In June of 2000, the plaintiff --- an elderly woman with a history of multiple falls and lower leg weakness --- went to North Florida Radiology in Gainesville, Florida for pre-operative films. After the films had been taken and the plaintiff had been in the recovery area for some time, she was taken by the facility nurse to use the restroom. Despite her fall history, the nurse left the plaintiff alone in the restroom with the door closed and with no call button for over 20 minutes. After calling repeatedly for the nurse, the plaintiff attempted to stand and fell, fracturing her pelvis and sustaining numerous cuts and bruises. Her injuries required approximately a month of hospitalization and home health care but, according to surgeon, she recovered fully from these injuries and had no residual symptoms.
The Defendant settled the Plaintiff’s premises liability claims for $12,500, but refused to make any offers to settle the claims for the nurse’s lack of supervision. In August 2004, Jennifer Gentry Fernandez and Frank F. Fernandez, III, tried the case to verdict in Alachua County, Florida. The jury returned a verdict finding the Defendant 85% responsible for the Plaintiff’s injuries and awarded her $112,328.00 ($100,000 for her pain and suffering; $12,328.00 for the medical expenses sustained). The Court further awarded the Plaintiff a portion of her costs from the Defendant. A Motion for Attorney’s Fees against the medical facility is still pending.
In the view of our firm, this case was as much a moral victory as it was a financial victory. Given the current law and political climate regarding medical negligence claims, many firms would have turned down this elderly plaintiff’s claim. Her damages were limited: she was 88 years old at the time of trial, had no lost wages, was widowed and her treating physicians refused to relate any of her continuing symptoms to the June 2000 fall. Nonetheless, in keeping with our motto that “no case is too big, no case is too small,” we agreed to vigorously represent the plaintiff against the medical facility. As the jury concluded, everyone is entitled to justice --- no matter what their age.
Thirty day $100,000 Settlement in Mentally Handicapped Victim Burn ( Marion County)
The Fernandez Firm partner Frank Fernandez represented a severely mentally handicapped adult who had lived at the Defendant’s assisted living facility for three to four years. As a resident of this Ocala, Florida facility, the staff was familiar with the plaintiff and knew that she had history of epilepsy and, similar to a young child, would often fail to take her regularly prescribed medication. As a result, the plaintiff suffered from frequent seizures and required constant monitoring by staff and direct supervision when taking her medications.
On the morning of the incident, the plaintiff was serving hot coffee at breakfast to several residents at the facility when she suffered an epileptic seizure. During the seizure, the plaintiff fell backwards to the floor, spilling the hot coffee on herself. As a result, the Plaintiff sustained second and third degree burns to 15% of her body, scarring her abdomen, lower extremities and genitalia. Following the incident, the plaintiff was transported to the Shands Hospital in Gainesville, Florida, where she was admitted to the Burn Unit and remained for a month, undergoing painful debridements and skin grafting.
As has become the trend recently, the Defendant ALF had only $100,000 in liability insurance coverage for this tragic event. Explaining how the staff at the Defendant facility had both a legal duty and statutory obligation to monitor the plaintiff both individually and the administration of her medications, Mr. Fernandez gave the Defendant corporation only 30 days to settle the case for their insurance policy limits. Shortly after receiving this demand from the Fernandez Firm, and recognizing its exposure and lack of coverage, the Defendant’s insurer tendered its policy limits.
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