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	<title>DWKM&#38;R Blog &#187; Wrongful Death</title>
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	<link>http://dwklaw.com/blog</link>
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		<title>Jury awards $3 million to our client left widowed by a drunk driver</title>
		<link>http://dwklaw.com/blog/2009/01/07/jury-awards-3-million-to-our-client-left-widowed-by-a-drunk-driver/</link>
		<comments>http://dwklaw.com/blog/2009/01/07/jury-awards-3-million-to-our-client-left-widowed-by-a-drunk-driver/#comments</comments>
		<pubDate>Wed, 07 Jan 2009 18:54:33 +0000</pubDate>
		<dc:creator>Kenneth McKenna</dc:creator>
				<category><![CDATA[Car Accidents]]></category>
		<category><![CDATA[Motorcycle Accidents]]></category>
		<category><![CDATA[Wrongful Death]]></category>
		<category><![CDATA[Florida]]></category>
		<category><![CDATA[million dollar verdict]]></category>
		<category><![CDATA[motorcycle death]]></category>
		<category><![CDATA[negligent drunk driver]]></category>

		<guid isPermaLink="false">http://dwklaw.com/blog/2009/01/07/jury-awards-3-million-to-our-client-left-widowed-by-a-drunk-driver/</guid>
		<description><![CDATA[A 34-year-old Central Florida man was killed when his motorcycle was hit by a drunk driver who lost control while driving someone else’s car.  The driver was convicted of DUI manslaughter and is currently serving a 15 year sentence.  
Our firm represented the man’s widow to recover damages resulting from the wrongful death [...]]]></description>
			<content:encoded><![CDATA[<p>A 34-year-old Central Florida man was killed when his <a href="http://www.dwklaw.com/html/orlando-motorcycle-accident-lawyers.html">motorcycle</a> was hit by a drunk driver who lost control while driving someone else’s <a href="http://www.dwklaw.com/html/orlando-car-accident-lawyers.html">car</a>.  The driver was convicted of DUI manslaughter and is currently serving a 15 year sentence.  </p>
<p><a href="http://www.dwklaw.com/html/about.html">Our firm</a> represented the man’s widow to recover damages resulting from the <a href="http://www.dwklaw.com/html/pa-wrongful-death.html">wrongful death</a> of her husband.  In December 2008, a Polk County jury awarded her $3 million.  This case sends an important message that the consequences of drunk driving can be devastating both personally and financially.  </p>
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		<title>Walmart’s negligence results in wrongful death lawsuit</title>
		<link>http://dwklaw.com/blog/2008/12/05/walmart%e2%80%99s-negligence-results-in-wrongful-death-lawsuit/</link>
		<comments>http://dwklaw.com/blog/2008/12/05/walmart%e2%80%99s-negligence-results-in-wrongful-death-lawsuit/#comments</comments>
		<pubDate>Fri, 05 Dec 2008 15:27:24 +0000</pubDate>
		<dc:creator>Doug Martin</dc:creator>
				<category><![CDATA[Personal Injury]]></category>
		<category><![CDATA[Wrongful Death]]></category>
		<category><![CDATA[retail negligence]]></category>
		<category><![CDATA[shopping injury]]></category>
		<category><![CDATA[store negligence]]></category>
		<category><![CDATA[Walmart injury]]></category>

		<guid isPermaLink="false">http://dwklaw.com/blog/2008/12/05/walmart%e2%80%99s-negligence-results-in-wrongful-death-lawsuit/</guid>
		<description><![CDATA[Who didn’t see this one coming?  The family of an employee trampled to death by bargain-hunting holiday shoppers at a New Jersey Walmart has filed a wrongful death lawsuit, saying the store’s ads offering deep discounts created an unsafe environment.  Anybody who’s seen the video footage of the store’s frantic customers knew this [...]]]></description>
			<content:encoded><![CDATA[<p>Who didn’t see this one coming?  The family of an employee trampled to death by bargain-hunting holiday shoppers at a New Jersey Walmart has filed a <a href="http://www.dwklaw.com/html/pa-wrongful-death.html">wrongful death</a> lawsuit, saying the store’s ads offering deep discounts created an unsafe environment.  Anybody who’s seen the video footage of the store’s frantic customers knew this was going to happen, and no one knew the risk better than Walmart.</p>
<p>This is a sad example of big business putting profits ahead of individuals by cutting corners on training and adequate security.  At DWKM&#038;R, we pride ourselves on having the ability and resources to stick up for individuals like the late Mr. Damour against big businesses.</p>
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		<title>J&amp;J pays millions to settle wrongful death and personal injury lawsuits involving birth control patch</title>
		<link>http://dwklaw.com/blog/2008/10/13/jj-pays-millions-to-settle-wrongful-death-and-personal-injury-lawsuits-involving-birth-control-patch/</link>
		<comments>http://dwklaw.com/blog/2008/10/13/jj-pays-millions-to-settle-wrongful-death-and-personal-injury-lawsuits-involving-birth-control-patch/#comments</comments>
		<pubDate>Mon, 13 Oct 2008 21:18:49 +0000</pubDate>
		<dc:creator>Samuel King</dc:creator>
				<category><![CDATA[Personal Injury]]></category>
		<category><![CDATA[Wrongful Death]]></category>
		<category><![CDATA[birth control risks]]></category>
		<category><![CDATA[Medical Malpractice]]></category>
		<category><![CDATA[prescription errors]]></category>
		<category><![CDATA[prescription risks]]></category>

		<guid isPermaLink="false">http://dwklaw.com/blog/2008/10/13/jj-pays-millions-to-settle-wrongful-death-and-personal-injury-lawsuits-involving-birth-control-patch/</guid>
		<description><![CDATA[Health care giant Johnson &#038; Johnson has spent a reported $68.7 million to settle hundreds of lawsuits filed by women who suffered personal injury after using the company&#8217;s Ortho Evra birth-control patch.  Twenty wrongful deaths are blamed on the birth-control patch which is alleged to cause medical problems involving deep-vein thrombosis, blood clots and [...]]]></description>
			<content:encoded><![CDATA[<p>Health care giant Johnson &#038; Johnson has spent a reported $68.7 million to settle hundreds of lawsuits filed by women who suffered <a href="http://www.dwklaw.com/html/pa-personal-injury.html">personal injury</a> after using the company&#8217;s Ortho Evra birth-control patch.  Twenty <a href="J&#038;J pays millions to settle wrongful death and personal injury lawsuits involving birth control patch">wrongful deaths</a> are blamed on the birth-control patch which is alleged to cause medical problems involving deep-vein thrombosis, blood clots and pulmonary embolisms.  </p>
<p>Our Orlando attorneys are troubled by Johnson &#038; Johnson’s lack of warning about the risks associated with this birth-control product.  A shocking 4,000 women have filed lawsuits in state and federal courts as a result of Johnson &#038; Johnson’s negligence, according to Bloomberg News.  The settlements include $1.25 million for the death of a 14-year-old girl who had two blood clots in her lungs after using the patch.  Other wrongful deaths involving Johnson &#038; Johnson’s birth-control patch include an 18-year-old college student, a high school junior who developed a blood clot in her lung after wearing the patch for six months, and a 41-year-old mother of two who used the patch for less than a year when she suffered a pulmonary embolism and died.</p>
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			<wfw:commentRss>http://dwklaw.com/blog/2008/10/13/jj-pays-millions-to-settle-wrongful-death-and-personal-injury-lawsuits-involving-birth-control-patch/feed/</wfw:commentRss>
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		<title>Driver distracted by cell phone causes fatal school bus accident</title>
		<link>http://dwklaw.com/blog/2008/09/24/driver-distracted-by-cell-phone-causes-fatal-school-bus-accident/</link>
		<comments>http://dwklaw.com/blog/2008/09/24/driver-distracted-by-cell-phone-causes-fatal-school-bus-accident/#comments</comments>
		<pubDate>Wed, 24 Sep 2008 20:22:37 +0000</pubDate>
		<dc:creator>Brian Wilson</dc:creator>
				<category><![CDATA[Car Accidents]]></category>
		<category><![CDATA[Truck accidents]]></category>
		<category><![CDATA[Wrongful Death]]></category>
		<category><![CDATA[]]></category>
		<category><![CDATA[bus accident]]></category>
		<category><![CDATA[cell phone]]></category>
		<category><![CDATA[fatal bus accident]]></category>
		<category><![CDATA[Florida]]></category>
		<category><![CDATA[Marion County]]></category>
		<category><![CDATA[school bus]]></category>
		<category><![CDATA[truck driver]]></category>

		<guid isPermaLink="false">http://dwklaw.com/blog/2008/09/24/driver-distracted-by-cell-phone-causes-fatal-school-bus-accident/</guid>
		<description><![CDATA[The Florida Highway Patrol has determined that a tractor-trailer driver was on his cell phone when he crashed into the back of a school bus in Marion County, Florida.  This certainly explains how such a catastrophic accident could have happened.  
The truck driver was so distracted by his cell phone that he left [...]]]></description>
			<content:encoded><![CDATA[<p>The Florida Highway Patrol has determined that a tractor-trailer driver was on his cell phone when he crashed into the back of a school bus in Marion County, Florida.  This certainly explains how such a catastrophic <a href="http://www.dwklaw.com/html/orlando-car-accident-lawyers.html">accident</a> could have happened.  </p>
<p>The truck driver was so distracted by his cell phone that he left the roadway entirely and collided with the school bus that was stopped on the side of the road.  The truck driver’s negligence caused the <a href="http://www.dwklaw.com/html/pa-wrongful-death.html">death</a> of a 13-year-old girl and left four other students in critical condition.  <a href="http://www.dwklaw.com/html/orlando-car-accident-lawyers.html">Car accidents</a> and fatal <a href="http://www.dwklaw.com/html/orlando-car-accident-lawyers.html">car crashes</a> involving drivers using cell phones are on the rise in Florida and around the country. </p>
]]></content:encoded>
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		<title>How to prevent becoming a victim of medical mistakes</title>
		<link>http://dwklaw.com/blog/2008/07/11/how-to-prevent-becoming-a-victim-of-medical-mistakes/</link>
		<comments>http://dwklaw.com/blog/2008/07/11/how-to-prevent-becoming-a-victim-of-medical-mistakes/#comments</comments>
		<pubDate>Fri, 11 Jul 2008 14:49:56 +0000</pubDate>
		<dc:creator>Samuel King</dc:creator>
				<category><![CDATA[Medical Malpractice]]></category>
		<category><![CDATA[Nursing Home Negligence]]></category>
		<category><![CDATA[Wrongful Death]]></category>
		<category><![CDATA[]]></category>
		<category><![CDATA[hospital accidents]]></category>
		<category><![CDATA[hospital errors]]></category>
		<category><![CDATA[medical errors]]></category>

		<guid isPermaLink="false">http://dwklaw.com/blog/2008/07/11/how-to-prevent-becoming-a-victim-of-medical-mistakes/</guid>
		<description><![CDATA[The HealthGrades Guide to America&#8217;s Hospitals and Doctors was released last month with important information for consumers about the quality of virtually every hospital in the country.  The reference guide also devotes several chapters to getting the best medical care, from finding the best doctor and hospital to protecting yourself from medical errors.
Medical errors [...]]]></description>
			<content:encoded><![CDATA[<p>The <a href="http://www.amazon.com/HealthGrades-Guide-Americas-Hospitals-Doctors/dp/1435104269">HealthGrades Guide to America&#8217;s Hospitals and Doctors</a> was released last month with important information for consumers about the quality of virtually every hospital in the country.  The reference guide also devotes several chapters to getting the best medical care, from finding the best doctor and hospital to protecting yourself from medical errors.</p>
<p><a href="http://www.dwklaw.com/pa-medical-malpractice.shtml">Medical errors</a> cost Americans nearly $9 billion from 2004 to 2006 and resulted in 238,337 potentially preventable <a href="http://www.dwklaw.com/pa-wrongful-death.shtml">deaths</a> among hospitalized patients, according to HealthGrades’ analysis of Medicare records.  &#8220;There can be enormous quality differences from one hospital to another, and one doctor to another, and this guide will point readers to the best care, wherever they live,&#8221; according to author Dr. Samantha Collier who also is HealthGrades&#8217; chief medical officer.</p>
<p>Dr. Collier offers several ways to avoid becoming the victim of <a href="http://www.dwklaw.com/pa-medical-malpractice.shtml">medical errors</a> while hospitalized.  Know your daily treatment plan and be prepared when the doctor arrives, ask nurses or doctors to address you by name to prevent them from giving you someone else&#8217;s medication, and have a family member or friend act as your advocate to help direct your care and keep track of your treatment plan.</p>
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		<title>Hospital Deaths From Infection Approach 100,000</title>
		<link>http://dwklaw.com/blog/2008/05/06/hospital-deaths-from-infection-approach-100000/</link>
		<comments>http://dwklaw.com/blog/2008/05/06/hospital-deaths-from-infection-approach-100000/#comments</comments>
		<pubDate>Tue, 06 May 2008 13:57:57 +0000</pubDate>
		<dc:creator>Brian Wilson</dc:creator>
				<category><![CDATA[Medical Malpractice]]></category>
		<category><![CDATA[Wrongful Death]]></category>
		<category><![CDATA[hospital infection]]></category>
		<category><![CDATA[medical errors]]></category>
		<category><![CDATA[medicare]]></category>
		<category><![CDATA[Personal Injury]]></category>

		<guid isPermaLink="false">http://dwklaw.com/blog/2008/05/06/hospital-deaths-from-infection-approach-100000/</guid>
		<description><![CDATA[An estimated 1.7 million patients acquire an infection while hospitalized and a startling 99,000 patients die from hospital-acquired infections each year, according to a new report from the Centers for Disease Control and Prevention (CDC).  
This is not a new problem for the medical community, which has been slow to take action.  What [...]]]></description>
			<content:encoded><![CDATA[<p>An estimated 1.7 million patients acquire an infection while hospitalized and a startling 99,000 patients die from hospital-acquired infections each year, according to a new report from the <a href="http://www.cdc.gov/ncidod/dhqp/hai.html">Centers for Disease Control and Prevention</a> (CDC).  </p>
<p>This is not a new problem for the medical community, which has been slow to take action.  What is most disturbing is that efforts to address this issue (as well as others related to <a href="http://dwklaw.com/pa-medical-malpractice.shtml">medical errors</a>) only became a priority after the federal government ruled that Medicare will no longer reimburse for care that results from hospital or physician errors.  It took a threat to the bottom line before these providers did the right thing and took actions that should have happened long before now.</p>
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		<title>Arbitration Agreements Don’t Protect Nursing Home Residents</title>
		<link>http://dwklaw.com/blog/2008/04/22/arbitration-agreements-don%e2%80%99t-protect-nursing-home-residents/</link>
		<comments>http://dwklaw.com/blog/2008/04/22/arbitration-agreements-don%e2%80%99t-protect-nursing-home-residents/#comments</comments>
		<pubDate>Tue, 22 Apr 2008 19:39:59 +0000</pubDate>
		<dc:creator>Anthony Sos</dc:creator>
				<category><![CDATA[Nursing Home Negligence]]></category>
		<category><![CDATA[Wrongful Death]]></category>
		<category><![CDATA[elderly abuse and exploitation]]></category>
		<category><![CDATA[financial exploitation]]></category>
		<category><![CDATA[nursing home arbitration]]></category>
		<category><![CDATA[Slip and fall injuries]]></category>

		<guid isPermaLink="false">http://dwklaw.com/blog/2008/04/22/arbitration-agreements-don%e2%80%99t-protect-nursing-home-residents/</guid>
		<description><![CDATA[Nursing home patients and their families are increasingly giving up their right to sue over negligent care including death, even as claims of poor treatment are on the rise, according to a Wall Street Journal report.  More and more, nursing homes are including mandatory binding arbitration agreements in their contracts, a clause that can [...]]]></description>
			<content:encoded><![CDATA[<p>Nursing home patients and their families are increasingly giving up their right to sue over negligent care including death, even as claims of poor treatment are on the rise, according to a <a href="http://online.wsj.com/article/SB120786025242805879.html?mod=hps_us_inside_today">Wall Street Journal </a>report.  More and more, nursing homes are including mandatory binding arbitration agreements in their contracts, a clause that can have profound implications on the quality of healthcare for nursing home residents.</p>
<p>In response to this increasing practice, U.S. Senators Mel Martinez and Herb Kohl <a href="http://martinez.senate.gov/public/index.cfm?FuseAction=NewsReleases.View&#038;ContentRecord_id=8f239fec-1dfc-4cd5-9db2-1532dd585808&#038;Region_id=&#038;Issue_id=&#038;CFID=26376272&#038;CFTOKEN=94281730">introduced federal legislation</a> earlier this month that would protect dispute resolution options for nursing home residents.  “When a family makes the difficult decision to help a loved one enter a nursing home, among the primary considerations is quality care,” said Senator Martinez.  “Forcing a family to choose between quality care and forgoing their rights within the judicial system is unfair.”</p>
<p>It is unfortunate when nursing homes create systems – such as mandatory arbitration agreements, carrying minimal insurance and setting up corporate shells to avoid liability – that make it difficult for patients to hold these institutions responsible for negligent conduct.  No wonder statistics reveal that nursing home lawsuits are on the decline while poor treatment of the elderly is on the rise.  Lawsuits can be a powerful deterrent for nursing homes engaging in negligent treatment of the elderly, and Senators Martinez and Kohl are on the right track to ensure a system of accountability that protects the rights of nursing home residents.</p>
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		<title>Think Twice About Surgery In A Doctor’s Office</title>
		<link>http://dwklaw.com/blog/2008/04/04/think-twice-about-surgery-in-a-doctor%e2%80%99s-office/</link>
		<comments>http://dwklaw.com/blog/2008/04/04/think-twice-about-surgery-in-a-doctor%e2%80%99s-office/#comments</comments>
		<pubDate>Fri, 04 Apr 2008 14:25:47 +0000</pubDate>
		<dc:creator>Samuel King</dc:creator>
				<category><![CDATA[Medical Malpractice]]></category>
		<category><![CDATA[Personal Injury]]></category>
		<category><![CDATA[Wrongful Death]]></category>
		<category><![CDATA[anesthesia death]]></category>
		<category><![CDATA[anesthesia error]]></category>
		<category><![CDATA[office surgery]]></category>
		<category><![CDATA[worngful death]]></category>

		<guid isPermaLink="false">http://dwklaw.com/blog/2008/04/04/think-twice-about-surgery-in-a-doctor%e2%80%99s-office/</guid>
		<description><![CDATA[A Boca Raton, Fla. cheerleader has died from anesthesia complications during breast surgery at her doctor&#8217;s office.  With an increasing number of doctors performing surgery in their offices instead of hospitals, researchers have found a higher risk of death and complications in offices compared with other facilities – and cosmetic procedures cause the most [...]]]></description>
			<content:encoded><![CDATA[<p>A Boca Raton, Fla. cheerleader has died from anesthesia complications during breast surgery at her doctor&#8217;s office.  With an increasing number of doctors performing surgery in their offices instead of hospitals, researchers have found a higher risk of <a href="http://dwklaw.com/pa-wrongful-death.shtml">death </a>and <a href="http://dwklaw.com/pa-medical-malpractice.shtml">complications </a>in offices compared with other facilities – and cosmetic procedures cause the most problems, according to a report in the <a href="http://www.sun-sentinel.com/news/local/palmbeach/sfl-flrxoffice0330sbmar30,0,794784.story">South Florida Sun-Sentinel</a>.  </p>
<p>Many of these physicians are switching to office surgeries to avoid complying with hospital surgical suite regulations that require doctors to meet minimum credentialing for performing surgery.  For instance, many doctors who perform tummy tucks, liposuction and other cosmetic surgical procedures are not board certified plastic surgeons; a requirement for performing such procedures in a hospital. </p>
<p>If you (or someone you know) are thinking of having a surgical procedure performed in a doctor’s office, make sure you verify the physician’s credentials, know how the anesthesia will be administered and make certain an action plan exists in the event that something goes wrong.  </p>
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		<title>Mitsubishi to pay $11 million for SUV death</title>
		<link>http://dwklaw.com/blog/2008/02/27/mitsubishi-to-pay-11-million-for-suv-death/</link>
		<comments>http://dwklaw.com/blog/2008/02/27/mitsubishi-to-pay-11-million-for-suv-death/#comments</comments>
		<pubDate>Wed, 27 Feb 2008 19:58:59 +0000</pubDate>
		<dc:creator>Samuel King</dc:creator>
				<category><![CDATA[Business Torts]]></category>
		<category><![CDATA[Car Accidents]]></category>
		<category><![CDATA[Personal Injury]]></category>
		<category><![CDATA[Product Liability]]></category>
		<category><![CDATA[Wrongful Death]]></category>

		<guid isPermaLink="false">http://dwklaw.com/blog/2008/02/27/mitsubishi-to-pay-11-million-for-suv-death/</guid>
		<description><![CDATA[A Florida jury has ordered Mitsubishi to pay $11 million in compensatory damages to the parents of a 25-year-old man who died after being partially ejected from a 2000 Montero SUV.  Attorneys for Donna and Peter Laliberte argued that Mitsubishi knew about seat belt problems with its SUV model and released a newer version [...]]]></description>
			<content:encoded><![CDATA[<p>A Florida jury has ordered Mitsubishi to pay $11 million in compensatory damages to the parents of a 25-year-old man who died after being partially ejected from a 2000 Montero SUV.  Attorneys for Donna and Peter Laliberte argued that Mitsubishi knew about seat belt problems with its SUV model and released a newer version of the vehicle halfway through the model year to correct the flaws, but never told customers about the defect in the earlier model.</p>
<p>This is a classic example of the auto industry covering up a known defect in the hopes that it would not be discovered.  Unfortunately, this unreported defect <a href="http://www.dwklaw.com/pa-wrongful-death.shtml">took the life of a young man</a> and left loving parents mourning the death of their son.</p>
<p>Government agencies do not have the money or manpower needed to effectively police the U.S. auto industry.  As a result, dangerous vehicles are allowed to enter the marketplace.  In this case, the vehicle had done poorly on crash tests yet was allowed to go on the market.  Then, Mitsubishi replaced the model halfway through the year without communicating the defect to the thousands of people who owned the earlier model.  Product liability cases such as this are the only way to force the auto industry to change.</p>
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