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Who should pay the $200 million for nursing home death? It’s complicated

February 5th, 2012 · Personal Injury, Uncategorized

By Stephen Nohlgren, Times Staff Writer

 

“ST. PETERSBURG — Holding nursing homes accountable for shoddy care is tougher these days.

As with other big industries, complex corporate networks insulate owners from legal claims. Money is shifted around. Private investment firms come and go.

At times, even nursing home regulators cannot tell who is raking in the profits and calling the shots.

The estate of Elvira Nunziata is putting that protective shell to the test.

Nunziata was 92 when she toppled down a nursing home stairwell to her death in 2004. Addled with dementia and strapped to a wheelchair, she passed through a door that likely was left open by employees slipping out for a smoke.

A jury awarded her son $200 million last month, an astounding amount except that the defendant — the company that operated Pinellas Park Care and Rehab Center at the time — no longer existed.

Another company had inherited the nursing home’s income streams. A third company inherited its liabilities. The defendant left so few traces that it was left with no lawyer at trial, giving Nunziata’s side a field day in its wrongful-death suit.”

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Record-breaking $200 million nursing home verdict came without a defense

February 5th, 2012 · Personal Injury, Uncategorized

By Stephen Nohlgren, Times Staff Writer

 

“ST. PETERSBURG — A $200 million verdict in a nursing home abuse case this week not only set a record for the Tampa Bay area, but outstripped other big verdicts several times over.

Of course, it didn’t hurt that no lawyers showed to defend the nursing home.

The case stemmed from the 2004 death of Elvira Nunziata, 92, a resident with dementia at Pinellas Park Care and Rehab Center.

Her bloody body was found at the bottom of a stairwell after she toppled one story while strapped to a wheelchair.

Former aides at the home testified that the door to the stairwell was supposed to be locked, but that staffers often disabled the alarm so they could go smoke.

The home had a history of deficiency citations and abuse complaints and the aides said it was frequently understaffed.

The defendant was Trans Health Management Inc., who had sole authority to operate the home at the time, but has since gone defunct. Its parent company, Trans Health, Inc., is in receivership in Maryland.

The Tampa law firm of Wilkes & McHugh, which represented Nunziata’s estate, alleged that the true owners were private equity investors who shuffled the assets of Trans Health Management into affiliated entities to avoid liability and then chose not to mount a defense.

Tampa lawyer Marsha Rydberg filed an unsuccessful motion on behalf of the management company three days before the trial, trying to stop it.”

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Zephyrhills fire marshal under investigation for working second job while on medical leave

February 1st, 2012 · Personal Injury, Uncategorized

By Lisa A. Davis, Times Correspondent

 

“ZEPHYRHILLS — City Fire Marshal Kerry Barnett, who has been with the department since 1988, rising through the ranks to become even acting chief for a time, finds himself in a position he never expected: His job is on the line.

“I’ve had a stellar career,” he said Wednesday.

Barnett, 44, has been on administrative leave with pay since Dec. 27 after an allegation was made that he continued working as a contract fire safety inspector for the town of St. Leo while on medical leave from his full-time Zephyrhills job last fall, said City Manager Jim Drumm.

Barnett injured his leg or foot in an off-duty accident, which he declined to describe to the Times. He used crutches for a while. A doctor’s note said the injury prevented him from fulfilling all of his duties as a firefighter, but he could still perform some desk-related functions.

Fire Chief Keith Williams alleges that Barnett violated a city policy that prohibits employees who are on sick leave from working at a second job without permission from the city manager, according to an investigative report. Barnett never sought permission, Drumm said, and it’s unlikely Drumm would have granted it.

Williams couldn’t be reached for comment Wednesday.

The investigation has not yet determined whether Barnett violated that policy. A decision is expected from the chief within the next couple of weeks, Drumm said. If Barnett is found in violation of the policy, he could be terminated.”

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FL Oxycodone Sales Drop

February 1st, 2012 · Criminal Defense, Personal Injury, Uncategorized

prescription-drug-lawsLet’s hope this is a long-term trend.  Oxycodone sales in the state of Florida dropped 20% from 2010 to 2011, according to Federal officials.  In 2010 Florida pharmacies and doctors sold more than 622 million doses of oxycodone.  That number dropped to 498 million for 2011.   Additionally, in 2010 90 of the top 100 oxycodone purchasing physicians were located in this state.  That number fell to 13 for 2011.

Why the decline?  Well, we have been saying for some time that to get a handle on Florida’s runaway prescription drug problem, you have to cut the “quantity” of available pills and limit “access”, to those pills that are available.  Recent Florida legislation has banned many pain clinics and doctors from being able to sell/dispense certain drugs and Florida’s Prescription Drug Monitoring Program allows law enforcement, doctors and pharmacists to track the drug histories of the people who are seeking prescription drugs.

Again, limited access and decreased quantity.  There are many things we can complain about with the Florida legislature — and we do complain a lot.  But we should also give credit where credit is due.

http://www.tampabay.com/incoming/sharp-drop-seen-in-oxycodone-sales/1213314

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Synthetic drugs cause big problems

January 31st, 2012 · Criminal Defense

By AMY ERICKSONLe Mars Daily Sentinel

“LE MARS, Iowa — Unknowns surrounding the illegal synthetic drugs K2 and “bath salts” are causing problems for treating victims and enforcing drug laws.

Because K2, a synthetic marijuana, and “bath salts,” synthetic chemicals, are made by mixing various chemicals, some health experts think their side effects are more severe.

For example, K2 is often made by mixing Tetrahydrocannabinol, or THC, a component from marijuana with other compounds, said Le Mars Police Officer Jay King.

“It is a lot more powerful than regular marijuana,” he said.

Some common side effects similar in taking K2 and “bath salts” include elevated blood pressure, rapid heart rate, violent tendencies, hallucinations, anxiety and paranoia.

Mary Jo Clark, ER/trauma coordinator at Floyd Valley Hospital, in Le Mars, said health care workers are often not aware of K2 and “bath salts” use unless patients tell them.

“Because this (K2) is synthetic there is a chance that when we do a urine toxicology screen it won’t show up there,” she explained. ”

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Jury awards $189,000 to two Pasco firefighters over workplace retaliation claims

January 31st, 2012 · Criminal Defense, Personal Injury, Property Damage, Uncategorized

Times staff

 

“TAMPA – A federal jury on Monday awarded $189,000 to two Pasco firefighters after determining the local firefighters union and the county retaliated against the two men for filing discrimination claims.

Most of the verdict – $166,000 – was assessed against the International Association of Firefighters Local 4420 for publishing a legal memo in April 2008 that named the two firefighters and called their claims “frivolous.” The county’s portion of the award stemmed from an August 2011 order for the men to undergo psychological tests to keep their jobs.

Anthony Booth and Jerry Brown made their initial discrimination claims in 2007 and testified they had become “social pariahs” within the department. U.S. District Judge James Moody had earlier dismissed the discrimination charges, but he let the retaliation claims go to trial.”

 

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Congressional panel weighs impact of Cuban offshore oil drilling

January 31st, 2012 · Personal Injury, Property Damage

By Mimi Whitefield, Miami Herald

 

“MIAMI — Against the backdrop of the sparkling Atlantic Ocean, a House subcommittee convened a field hearing in Sunny Isles Beach on Monday to discuss U.S. readiness if an offshore oil spill in Cuba or the Bahamas reached American waters or drifted ashore.

The hearing of the Coast Guard and Maritime Transportation Subcommittee came as the Scarabeo 9, an oil rig leased by the Spanish company Repsol, embarks on oil exploration in deep Cuban waters about 70 miles south of the Florida Keys, and the Bahamas contemplates offshore drilling of its own, perhaps by mid 2013.

During the hearing, Florida Republican Rep. John Mica, chairman of the House Committee on Transportation and Infrastructure, questioned whether the Scarabeo 9 was safe enough to be certified to drill if it were in U.S. waters.

Repsol allowed U.S. officials to board and review the rig when it was off the coast of Trinidad and Tobago earlier this month. They found it to “generally comply with existing international and U.S. standards.”

But Lars Herbst, the Gulf of Mexico regional director of the Interior Department’s Bureau of Safety and Environmental Enforcement, said “the level of inspection we did was not thorough enough” to allow such a rig to drill in U.S. waters.”

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Argument near Clearwater leads to apparent accidental death

January 31st, 2012 · Criminal Defense, Uncategorized

Times staff

 

“CLEARWATER — An argument between a husband and wife turned tragic Sunday afternoon when she tried to drive away but ran over and killed him instead, authorities said.

The Pinellas County Sheriff’s Office said late Sunday its investigation so far has found it appears to have been a terrible accident.

It started around 1:35 p.m. at the Roosevelt Manor Mobile Home Park at 5250 Roosevelt Boulevard near Clearwater.

Deputies said the couple, who lives there, had been arguing.

Joyce Khoshaba, 46, got into a 1990 Dodge Dynasty to leave, the Sheriff’s Office said. As she started the car, Ushana Khoshaba, 54, stepped in front.

Joyce Khoshaba thought the car was in reverse when she stepped on the accelerator, the Sheriff’s Office said. But it actually was in drive.

She struck her husband, who was declared dead on the scene.”

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Majority of Floridians support ban on texting while driving

January 28th, 2012 · Criminal Defense, Uncategorized

By Katie Sanders, Times/Herald Tallahassee Bureau

 

“TALLAHASSEE — An overwhelming majority of Florida voters — 71 percent — support prohibiting motorists from text messaging while driving, according to a new Tampa Bay Times/Miami Herald/Bay News 9 Poll.

Florida is one of only 15 states without some kind of ban. A measure to enforce one is being considered by the Legislature during the current session, but lawmakers say it has a dim chance of passing. Many Republicans, including House Speaker Dean Cannon, say it would infringe on personal liberty and be difficult to enforce.

But the poll shows strong support statewide for a ban, with 27 percent opposing and 2 percent undecided.

“If I’m a legislator, this is a no-brainer for me to vote for,” said Brad Coker, managing director of Mason-Dixon Polling & Research, which conducted the poll. “There’s been very, very good public relations done nationwide, and even in Florida, that this is dangerous to do, and that’s obviously getting through.”

Across demographic groups, there was little disagreement:

• Voters in southwest Florida seem most willing to embrace such a restriction, with 78 percent in support. The Tampa Bay region came in second at 72 percent favorable.

• Democrats, at 78 percent, favor a proposal more than Republicans and independents, with both groups at 66 percent.

• Black voters polled at 81 percent in support, 11 percentage points higher than white voters and 13 points above Hispanics.

• At 74 percent, women support the idea more than men by a margin of 5 percentage points.

• At 62 percent, voters between the ages of 18 and 34 polled 9 percentage points below the statewide average in support of a ban. Support was much higher among adults 35 to 64, at 70 percent.”

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Woman charged with two counts of DUI manslaughter in 2009 crash

January 28th, 2012 · Criminal Defense, Uncategorized

By Curtis Krueger and Dan Sullivan, Times Staff Writers

 

“PALM HARBOR — A 27-year-old woman was arrested Friday on two charges of DUI-manslaughter in connection with an August 2009 crash that killed a New Port Richey couple.

Michelle Marie Jensen was booked into the Pinellas County Jail on Friday, then released shortly afterward on $40,000 bail.

An investigation found that Jensen was traveling at 83 mph on McMullen Booth Road in Palm Harbor when she collided with a Toyota Camry at the intersection of Boot Ranch Boulevard, authorities said. Jensen’s car hit the driver’s side of the Camry, killing its occupants, Leigh Ann and Robert Hallett of New Port Richey.

Florida Highway Patrol troopers noted the odor of alcohol on Jensen after the crash. An analysis of two blood samples taken after the crash showed Jensen had a blood alcohol level between 0.09 and 0.11, an arrest warrant states. The state of Florida presumes impairment at 0.08.”

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