Jane Doe v XYZ Homeowners Association
$9 million– It was a typical summer afternoon for our our client, Jane Doe(not her real name), as she went out for her daily jog. Jane was jogging within the grounds of her housing development when she approached a bridge that led to a jogging path. Jane, like a number of the other residents was walking down the embankment when she slipped and fell. As a result of the fall our client suffered a traumatic brain injury.
Jane was only 22 years of age at the time of her fall, and her parents wanted answers and needed help. Through extensive investigation, Kaire & Heffernan was able to discover that the homeowners association management was fully aware and on notice of the hazards and risks to pedestrians and runners who routinely utilized the bridge embankment as a shortcut. Further digging revealed that four years earlier a young lawyer suffered a traumatic brain injury from a fall from the same bridge, which resulted in litigation. The management for the homeowners association was fully aware of these dangers and their ability to prevent same as they fenced off the bridge railing in the weeks following this tragedy. Based upon the information which Kaire & Heffernan developed, they were able to get Defendant(s) to agree to a pre-suit Mediation. The case was settled at mediation which occurred only 15 months after the incident. The money allows the plaintiff to have the 24/7 lifelong care required to provide her the proper quality of life following her devastating injuries, and provides her access to the latest technology and cutting edge medical care available.
John Doe v. A National Fast Food Franchise, National Fast Food Franchise subsidiary, and XYZ Shopping Center
$6.35 million – (Fort Lauderdale, Florida) – 31-year-old John Doe was rendered a paraplegic when a bullet fired from a robber entered Mr. Doe’s spinal column. Mr. Doe, did nothing wrong and was working for a National Fast Food restaurant. The restaurant was located in a high-crime area, and this particular location had been robbed previously. The landlord and Restaurant subsidiary settled early on, and this allowed our client to get the much needed medical care he required. Thereafter we took on the National Franchise and secured a multi-million dollar settlement on the eve of trial.
John Doe v. Local Hospital and Doctors
$5 million recovery for our client and his family after the doctors failed to diagnose our client as suffering from swine flu, and failed to offer the appropriate medication(Tami Flu). Our Client then fell ill and while hospitalized he developed a pneumothorax. Again, the doctors failed to respond, this time to the Pneumothorax, and our client went into cardiac arrest and suffered brain damage.
Doe v. Apartment Complex, Hospital, and Emergency Room Physicians
$1.825 million medical malpractice and premises liability settlement for a young boy who tripped and fell in parking lot of apartment complex. The young boy was taken to a local hospital for his injuries, and the hospital failed to diagnose a retinal tear, which ultimately resulted in a complete retinal detachment.
Diaz v. Rent A Car Company and driver
$1.350 million settlement of a motorcycle case in which our client broke his leg.
Morales v. John Doe
$1 million settlement of a motor vehicle accident in which our client suffered a rupture of her aorta.
Jane Doe v. Local Hospital and Emergency Room Doctor
$900,000 – Jane Doe(not her real name) died from complications of pneumonia on January 3, 2014. Her husband wanted answers and thought that the treatment rendered was below the standard of care. He consulted with a local medical malpractice firm, and they said the care was appropriate and turned the case down. I met with Mr. Doe in January of 2015, and he told me that on November 26, 2013, his wife had presented to a local emergency room with abscesses, and was diagnosed with MRSA. She was given antibiotics, but the abscesses were neither drained nor cultured. She took the antibiotics and did well. She traveled with her family for Christmas, but on December 29, 2013, she felt ill and asked her husband to take her to the Emergency Room. Jane had a fever, cough, and a body ache. She told the doctor about the prior MRSA diagnosis, and despite same the Emergency room doctor discharged Jane with an upper respiratory infection. Jane returned to the hospital 2 days later, at which time she was gravely ill. She was septic, and unfortunately she passed away January 3, 2014.
We knew the case would be difficult, but we wanted to help this incredible family. We immediately consulted with leading infectious disease experts and an emergency room doctor. Our theory was that the MRSA was not properly treated and that she should not have been discharged form the ER on December 29th. The difficulty with the case was that the abscesses had healed, and there was no evidence of MRSA. The hospital and some of the experts felt that she died from influenza, and that by the time she presented to the emergency room on December 29th it was already too late to treat the influenza. To that end, the treatment for influenza would have been Tami-Flu, but it must be started within 2 days from the onset of symptoms. By the time Jane had presented to the ER, she gave a history of having been sick for 5 days.
We did not give up, and felt that sometimes facts trump medicine. The facts were clear. Jane was discharged rom the hospital on 12/29/13, and died 5 days later. We felt a jury would focus on the facts more than the complicated medicine. Thus, despite the difficulties with the case we were able to reach a confidential $900,000.00 settlement. While no amount of money will help Jane’s family cope with her loss, we are grateful that we were able to alleviate some of Mr. Doe’s day to day financial stress, and provide financial security for the boys.
J.D v. Cleaning Company
$600,000.00 It was a typical Saturday morning in Fort Lauderdale. The streets were filled with of bikers, runners, and automobiles. Our client, J. D., was on a ride with a group of other cyclists, and was traveling westbound on the 17th street causeway, when a motorist made a left turn from the eastbound lanes, and cut directly in front of J.D. Unable to stop in time J.D. hit the side of the car and flew over the hood. Unfortunately when he landed on the pavement, J.D. fractured his ankle. Knowing our experience in representing cyclists, J.D. retained our services the same day. We immediately helped J.D. secure the proper medical attention he needed, and settled his case 6 months later. More importantly, J.D. is happy to be riding again.
Jane Doe v. Hospital and Doctor
$580,000 medical malpractice settlement when hospital staff and doctors failed to recognize that our client was suffering a stroke.
Chang v. Cope and USAA
$540,000.00 settlement for Retinal Detachment. Michael Chang was involved in a car accident that aggravated his previous eye injury and resulted in a retinal detachment. When Michael called us, the statute of limitations was about to expire on his claim, and his prior lawyers told him they could not prove his Retinal detachment was related to the car accident. To further complicate matters this case was in California. We immediately had Michael’s records reviewed and hired some of the best Retinal Surgeons in the country to help us with the case. We associated with a highly skilled personal injury lawyer in California, Anthony Liberatore, and I am proud to say that we were able to secure a $540,000.00 settlement for Michael.
Doe v. Trucking Company
$450,000 settlement of a motor vehicle accident in which our client suffered a cervical compression fracture.
Barrios v. Grand Palm Plaza Hotel
$400,000 Settlement– Mr. Barrios was referred to us when his prior lawyers felt the case was complex and would require litigation. Mr Barrios was visiting the Grand Palms resort when he slipped and fell on May 2, 2014, while walking down a set of stairs. The accident was unwitnessed, and Mr Barrios did not report the accident until May 4, 2014. Mr Barrios injured his back in the fall, and he had back surgery 2 months later. To complicate matters Mr. Barrios forgot that he had injured his back some years earlier, and had undergone an MRI that showed herniated discs at the same levels for which he claimed an injury in this accident. While this was an honest mistake, it did complicate the medical testimony and opinions of the doctors. Nonetheless we were able to successfully argue that the accident aggravated a pre-existing condition.
As we took depositions of the hotel manager and housekeeper it became clear that the hotel did not enforce their safety rules. Specifically, the hotel failed in the past to place “wet floor signs” when cleaning the stairs and hallways, and we alleged they failed on the day Mr. Barrios fell.
We were able to settle the case for $400,000.00 within 1 year from the date of the accident, and within 9 months of our involvement in the case.
Elena Sandoval v. Miami Ophthalmologist
$400,000.00 Medical Malpractice/Cataract Surgery. Elena went for a routine Cataract Surgery November 7, 2011, and ended up with a retinal detatchment and loss of vision. She knew something was wrong, and voiced her complaints of pain, tearing, swelling, and redness. Despite the obvious signs of an infection, the doctor ignored her complaints. The doctor ultimately referred her to the Bascom Palmer Eye Institute where she underwent a vitrectomy and a course of intravitreal antibiotics. Unfortunately it was too late to save her vision. She had given her case to another lawyer who told her after 18 months that she had no case, because even if the doctor had recognized the symptoms earlier, it would still have been too late to salvage her vision. With the statute of limitations getting ready to expire we jumped into action and enlisted the services of a top medical expert who said that had she been timely diagnosed it was more likely that her infection could have been treated and her vision would have been salvaged.
We filed our notice of intent, and the case was settled shortly thereafter at a pre-suit mediation. More and more people are undergoing cataract surgery, and the complications stemming therefrom are on the rise. Please make sure you report any complications to the your medical provider immediately, and if you are not satisfied with the doctor’s response, get a second opinion quickly
Eufracia V. tortfeasor and Commerce and Industry Insurance Company
$400,000 settlement for 51 year old client who suffered 2 cervical disc herniations and a breast implant rupture.
St. Jean v. Construction Company
$357,500 settlement of a construction site accident in which our client suffered a herniated disc injury.
Doe v. Emergency Room and Doctors
$330,000 settlement for failure to timely diagnose Kawasaki Disease
Jane Doe v. Jane Smith and XYZ Insurance Company
$350,000 policy limits settlement for our client that was injured on the I-95 express lanes. Our client, Jane Doe was traveling northbound on the I-95 express lanes when a driver crashed into the rear of her car. Our client had a prior neck injury for which she had undergone a cervical fusion. Unfortunately the accident caused her hardware to loosen and she had to undergo surgery to replace the hardware. The defendant driver had a $50,000.00 insurance policy, and tended their policy limits prior to surgery. Our client had Uninsured motorist coverage of $300,000.00 and her carrier also tendered their limits prior to surgery. The case was resolved within 90 days from the date of accident for the full policy limits available.
Florida Tri-athlete Injured During Event in Key Biscayne, Florida
$295,000 settlement for an accident that occurred during the series opener, when a vehicle pulled out into a controlled intersection on the Rickenbacker Causeway, colliding with tri-athlete Miguel Tellez and causing several injuries.
Calle V. GEICO
$250,000policy limits settlement for our client who sustained a Clavicle Fracture. Mr. Calle was riding his bicycle on AIA near the Miami Arena when he was struck by an uninsured motorists. Mr Calle was taken to Jackson Memorial Hospital and he later underwent surgery to repair his fractured clavicle. Mr Calle had purchased a policy from GEICO that provided uninsured motorist benefits of $250,000.00. We were able to settle Mr Calle’s case for the full policy limits.
John Doe v. Local Doctor
$250,000 confidential medical malpractice settlement for our client who had a bad result following a hypospadias repair. Our client was a young boy that had complications following a routine urological procedure. The case was settled for the full amount of the doctors policy limits of $250,000.00.
Mario Doe v. Driver
$250,000 settlement of a motor vehicle accident in which our client sustained a cervical herniation.
Doe v. Doe Parking Company
$250,000 settlement for our client who suffered an aggravation to her prior back injury/herniated disc when she was rear ended in a car accident.
Jose Doe v. drywall delivery company
$250,000 settlement of construction site accident in which our client sustained a meniscal tear and aggravation of arthritic condition when sheets of drywall fell of a boom and onto our client.
Work Related Injury
$231,098.00. We were hired some 5 years after the original injury to help a gentleman who fell at work and injured both his knees. After undergoing arthroscopic surgery for both his knees, we were able to assist our client in obtaining social security disability benefits and a significant sum of money from the workers compensation insurance carrier. Our client is now comfortably retired.
Doe v. Insurance Company
$225,000 settlement for our client who suffered an aggravation of his prior neck injury/herniated disc when he was rear ended in a car accident in Georgia.
Doe v. Doe
$210,000 (policy Limits-$10,000 tortfeasor $200,000 uninsured motorist) for our client who broke her wrist and elbow in a car accident.
Celia Doe v. Hospital
$200,000 medical malpractice settlement for our client who needed an amputation of her finger after hospital improperly inserted I.V.
$170,000 settlement for our client that was shot in the leg are forearm outside his apartment.
Doe v. Neighbor
$150,000 settlement for our client who broke his shoulder when he was assisting his neighbor to put up shutters, and the neighbor hit the ladder causing our client to fall on his shoulder.
$110,000 – Our client, an elderly woman was injured while riding her bicycle on a Brickell Avenue sidewalk. She underwent arthroscopic surgery for a TFC injury.
Doe v. Doe
$100,000-policy limits-settlement for our client who suffered a cervical herniated disc and breast implant rupture as a result of a rear end collision.
Gusmano v. Liberty Mutual Insurance Company
$100,000 policy limits recovery for our client that was struck by a vehicle while riding his bicycle thru a Miami Beach Intersection. The investigating police officer found our client at fault for running a stop sign. However, after a thorough investigation of the scene we were able to show that the Vehicle operator failed to yield at a blinking yellow light as she approached the intersection, and she went thru the intersection at a high rate of speed.
Gonzalez v. Lebron
$99,800.00 verdict for our client who was injured in a motor vehicle accident, and sustained a disc injury.
Doe v. USAA Insurance Company
$60,000.00 – Bicycle Accident. Our client injured his shoulder while riding his bicycle. A driver made a turn directly in front of our client, and then fled the scene. Our client had uninsured motorist coverage and we were able to settle his case.
John Doe v. Doctor
Undisclosed (6) six figure medical malpractice settlement for our client when doctor used an improper surgical technique and wrong hardware to repair a ankle fracture.
Pre-suit Settlement for our client that was not properly monitored by nurses in a Broward county hospital. The settlement facilitates daily living, and will allow the lawsuit to proceed against additional defendant’s
Doe v. Driver Motorcycle Accident
Undisclosed Settlement for our client who sustained a torn labrum in his hip and 2 lumbar disc herniations. The Defendant’s denied liability alleging our client ran a stop sign, and they further alleged his injuries were not related to the accident. Approximately 2 weeks before trial the Insurance company paid our client a sum of money to compensate him for his injuries and to pay all his medical bills.
Former Miami Dolphin Running Back v. Home Builder
Undisclosed settlement for our client, a former Miami Dolphin running back, who was injured in his home when he stepped into a hole underneath the carpeting. A leak from a terrace had caused the wood underneath the carpet to rot, and our client sustained a ligament injury that required surgery.
Miami Injury Verdicts & Settlements
A Legacy of Success in High-Stakes Medical Malpractice Lawsuits Nationwide
The legal team at Kaire & Heffernan has obtained numerous successful verdicts and settlements in Florida and throughout the nation during the last 30 years. Our expertise in medical malpractice, personal injury, and other complex litigation claims can assist you in obtaining the compensation you deserve in your claim.
Definition of Medical Malpractice
When healthcare providers’ mistakes result in bodily harm to one of their patients, it is known as medical malpractice. It can occur at a hospital, clinic, in-patient care center, neighborhood pharmacy, and so on.
However, keep in mind that merely because a medical procedure did not yield the desired results does not imply that you have a medical malpractice case. The requirement is to show that a breach of the professional’s standard of care occurred and you subsequently suffered damages.
According to Florida Statute 766.101, you must show negligence on behalf of the medical professionals to have a claim. If you suffer injuries or poor health caused by a doctor’s mistake or misjudgment, you may be eligible for legal action.
What Is a Medical Malpractice Lawyer?
If you have been harmed as a result of medical malpractice, you may be eligible for compensation. Medical malpractice claims are difficult to establish and will almost certainly involve you going against a large and powerful insurance firm that protects the negligent medical professional or facility. It is critical to have the assistance of a knowledgeable medical malpractice attorney who is experienced in the specifics of medical malpractice law.
Medical malpractice lawyers in Miami, FL defend the interests of their clients, who might be patients or relatives of a deceased medical malpractice victim. These claimants are suing medical practitioners for gross negligence.
What Kind of Medical Malpractice Damages Can You Recover?
In Florida, successful medical malpractice claims may result in both economic and non-economic compensations for the injured party. Past, present, and future medical expenses, as well as lost income if medical negligence prevents a person from working, might all be recovered through economic damages.
On the other hand, non-economic damages might include things like pain and suffering compensation such as loss of enjoyment of life, mental anguish, loss of company, discomfort, and disfigurement. It’s also crucial to note that non-economic damages are frequently vague and difficult to quantify, but qualified Miami medical malpractice attorneys can assist with determining what damages to pursue.
Finally, if a court finds that there was an intentional act or reckless disregard for patient safety, then they may award punitive damages. However, these damages cannot be alleged in initial complaints. Also, to determine whether punitive damages are appropriate, a significant investigation must first be completed. Pursuing punitive damages could be worthwhile in the end since they are usually three times the amount of compensatory damages and might prevent a similar incident from occurring.
Why Should I Hire a Florida Medical Negligence Lawyer?
Medical malpractice cases can be some of the most complicated personal injury lawsuits out there. The factors involved in these types of accidents and injuries vary from case to case. This is why you need the assistance of a seasoned Miami medical malpractice lawyer with specialized knowledge.
Medical malpractice litigation often necessitates the negotiation of damages, which needs a particular set of abilities to obtain the best possible result. To develop an accurate amount for both economic compensation and non-economic compensation, having an experienced attorney in the medical malpractice field is advised.
At the law firm Kaire & Heffernan, we utilize our network of medical and financial experts’ knowledge to help support your claim and calculate the amount of damages to pursue. Determining an economic value for these payments is a complex process and we want to get you the greatest outcome possible. Our team will work hard to fight for you in Florida medical malpractice cases.
If you think that you or a loved one has been the victim of preventable medical errors in South Florida, contact Kaire & Heffernan, LLC for a free consultation by calling 305-376-7860 or reaching out online.