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Archive for the ‘Defective products’ Category

Do I Have a Case Against Walt Disney World?

Wednesday, January 25th, 2012

Q: My 15-month-old daughter and husband became violently ill after sharing a children’s meal at a restaurant on Walt Disney World’s property in Orlando. My daughter was hospitalized for nausea, vomiting and dehydration. The doctor suspected food poisoning. It took my daughter a month to fully purge her infant system of the toxins and to return to her normal activity and developmental levels. I would like to know if I have a case against Disney. Are they liable for anything—medical bills, car rental, hotel bills or lost wages for me and my husband? Also, would she be eligible for any type of settlement, and if so, historically what might a fair settlement consist of? We live in New York, should we be looking for an attorney in New York or Orlando?
-(Question submitted to Jonathan Gregg Stein, contributor at Avvo.com)

A: Please keep in mind that I can only respond based on the information in your question, and my answer is not legal advice. With that being said, it sounds like you do have a case. The restaurant at Walt Disney World is responsible for your medical bills as well as any general damages, including pain and suffering. You should look to retain an attorney in Orlando, particularly one who specializes in tourist injuries.

Wooten, Kimbrough & Normand, P.A.—Orlando personal injury attorneys.

Tort Reform and Medical Malpractice in Florida

Friday, January 20th, 2012

According to a U.S. Department of Health and Human Services report issued on January 6, over 80% of errors committed by physicians in hospitals go unreported and undocumented. This should shock and alarm health administrators, legislators and the public in general. There is no excuse for not reporting these errors, no matter how trivial they may seem at the time. If the errors are not addressed, corrective measures cannot be taken to prevent medical malpractice in the future, and potentially save lives.

“By identifying what’s happening to patients, that’ll prove a learning process,” said Deputy Inspector for the DHHS Ruth Ann Dorrill. Physicians need to be held accountable in order to protect the public.

Currently, there is no set number for punitive damages in Florida medical malpractice cases.

Potential tort reform may put a cap on the punitive damages that can be awarded in medical malpractice cases in Florida. There needs to be a financial incentive for physicians and hospitals to provide the best care possible. If there is no financial incentive to keep hospitals and their physicians on their toes, health care will become more and more reckless.

Have you or a loved one ever experienced or witnessed a medical error that went unreported?

Wooten, Kimbrough & Normand, P.A.—Orlando personal injury attorneys.

Florida Man Dies From Airline Food Poisoning

Wednesday, December 14th, 2011

The family of a Florida man who died from food poisoning from a meal he consumed on a flight has filed a wrongful death lawsuit against American Airlines, according to ABC News. Othon Cortes, 73, died after eating a chicken meal on a flight that was contaminated. His widow and daughter filed the suit.

American Airlines does not comment on pending litigation, according to a spokesman. Sky Chefs, an airline catering company, is also named in the lawsuit. Sky Chefs claims they did not cater meals on that particular flight. The lawsuit claims the chicken was contaminated with Clostridium perfingens, a deadly bacteria.

Once his flight landed in New York, Cortes had severe stomach pains and sudden thirst before boarding another flight to Miami. The flight had to make an emergency stop in Norfolf, Virginia as his conditioned worsened before he was pronounced dead.

Were you or a loved one injured by food poisoning?

Wooten, Kimbrough & Normand, P.A.—Orlando personal injury attorneys.