September 2008
Hannon & Boyers Files Lawsuit Against Manufacturers, Distributors of Contaminated Heparin
Hannon & Boyers client Kyle Pacheco suffered catastrophic injuries and significant brain damage when he intravenously received heparin that was contaminated with potentially deadly bacteria. Partners Robert Boyers and James Hannon filed the lawsuit in Palm Beach County on June 24, 2008, against manufacturer AM2PAT, Inc.,
distributor Caremax Medical Resources, LLC, and other entities alleging strict liability and negligence. The ABC, CBS, Fox and NBC television affiliates for Palm Beach County aired reports about the lawsuit. Click here to view these news reports featuring interviews with the firm’s partners and our client.
Recent Cases Involving False Medical Test Results
The South Florida Fox network affiliate recently used one of the firm’s cases involving a doctor’s failure to diagnose cervical cancer, despite three abnormal PAP smears, to illustrate the importance of patients protecting themselves from false negative or positive tests (click here to view report). A similar case that we recently settled for $985,000 (out of $1 million in available coverage) after receiving a $910,000 arbitration award in the challenging trial venue of New Port Richey, Florida, offers another disturbing example of the problem of false test/screening results.
Our client’s physician in this case disregarded the computer-generated and accurate interpretations of two electrocardiograms (EKG’s) which were abnormal and indicative of coronary artery disease. The defendant doctor then misled his patient into believing that the results were normal and that no treatment was required. The patient thereafter suffered from untreated congestive heart failure leading to a cardiac arrest and his premature and preventable death. With proper care, this 68 year old man would have had a normal life expectancy. We are gratified that the $985,000 settlement we achieved after prevailing in a court-ordered arbitration will provide our client’s surviving wife with some measure of financial security.
Firm Sues Wachovia for Negligent Security Involving Murder/Robbery at South Dade ATM
The tragic robbery that escalated to murder at a Wachovia Bank branch ATM in Homestead made local newspaper and TV news headlines when it took place in late December 2007. Recently, Hannon & Boyers filed a lawsuit on behalf of the spouse of the victim against Wachovia alleging negligent security at the branch. The lawsuit alleges that the bank failed in its obligation to provide adequate lighting for and placement of its ATM. The lawsuit indicates that the ATM did not meet industry standards for safety and should have been located in front instead of behind the building where criminals could attack without fear of being seen.
Recent Results
Partner Robert Boyers recovered $1.31 million for an elderly couple who suffered orthopedic injuries when the car they were riding in was hit by a tractor-trailer in Pinellas County, Florida.
Partner James Hannon recovered $1 million for the family of a Hialeah man who was struck and killed by the propeller of a small airplane at the Opa-locka Executive Airport in Miami-Dade County, Florida.
Partners James Hannon and Robert Boyers secured a $1 million policy limits settlement for the widow of a long haul truck driver who was killed when his co-driver fell asleep at the wheel and crashed their tractor-trailer into a tree in Hancock County, Ohio.
Partner Robert Boyers and new firm associate Janpaul Portal secured an arbitration award of $910,000 in a Pasco County, Florida, medical malpractice case. The case involved the death of a 68 year old cardiac patient which was caused by the failure of a New Port Ritchey doctor to timely diagnose and treat coronary artery disease. The case was subsequently settled for $985,000, just a few thousand dollars below the available policy limits of $1 million.
Partners Robert Boyers and James Hannon obtained a $1.25 million award in a Federal Tort Claims Act/wrongful death/medical malpractice case involving a failure to diagnose cervical cancer at a federally operated clinic.
Firm News
James Hannon Elected to Dade County Bar Association Board of Directors
The law firm’s James Hannon has been elected to serve on the Board of Directors of the Dade County Bar Association by the group’s members. He will serve a three-year term beginning in June 2008.
“I feel honored to be elected to the board of directors by my fellow members of the Dade County Bar Association,” said Hannon. “I look forward to helping the association in its important work in representing the legal profession in Miami-Dade.”
An attorney who concentrates on medical malpractice, wrongful death and catastrophic personal injury cases, Mr. Hannon earned a bachelor’s degree from the University of Miami and a law degree from the University of Miami School of Law. Active in many legal and community organizations, he also serves on the Board of Directors of the Miami-Dade Justice Association and is a member of The Florida Bar Association, the American Association for Justice and the Florida Justice Association.
Mr. Hannon has repeatedly been selected and was again selected this year as one of the “Top Lawyers” by the South Florida Legal Guide and as a “Florida Super Lawyer” in Super Lawyers Magazine. He has also repeatedly been listed as one of the “Legal Elite” in Florida Trend Magazine.
Robert Boyers Completes Term as President of Miami-Dade Justice Association
Robert Boyers recently completed a successful term as president of the Miami-Dade Justice Association (formerly known as the Dade County Trial Lawyers Association). During his term, he spoke, wrote and acted to forcefully defend our civil justice system against unfair attack. His parting “President’s Message” contained the following thoughts on the importance of an independent judiciary to our system of justice:
“…we [recently] saw our Judiciary under unjust attack by a powerful insurance company. Unfortunately, this local onslaught was really just a foreseeable byproduct of the daily judge bashing that pervades our national dialogue, perverts our national psyche and subverts our system of justice.
“We in the legal profession know that the remedy for bad speech is still good speech. Accordingly, we trial lawyers must employ all of our talent and skill to speak well and to be heard. It is imperative for attorneys to vigorously exercise their right to speak in order to educate the citizens of this city, this state and this nation as to why every citizen should care about the vitality of our civil justice system. If we fail, our access to the courts and our ability to have our grievances heard and fairly decided will be ‘swift boated’ away. Then, we will surely have neither civility nor justice.”
Mr. Boyers represents clients in medical malpractice, product liability, wrongful death and catastrophic personal injury cases. He is active in numerous bar associations and currently sits on the Civil Rights Committee of the Anti-defamation League and on the Executive Board of the Samantha Foundation, which is an organization devoted to advancing the cause of child safety.
Mr. Boyers has repeatedly been selected and was once again selected this year as one of the “Top Lawyers” by the South Florida Legal Guide, a “Florida Super Lawyer” by Super Lawyers Magazine and as one of the “Legal Elite” by Florida Trend Magazine. He was also named as one of the “Top 25 Impact Lawyers” for 2008 by South Florida Business Leader magazine.
Janpaul Portal Joins Hannon & Boyers as Associate Attorney
Attorney Janpaul Portal has joined Hannon & Boyers as an associate. He will focus on the firm’s work in cases involving catastrophic personal injury and medical malpractice litigation.
“We are excited to have Janpaul become a part of our team at Hannon & Boyers,” said partner James Hannon. “He brings a great deal of experience in our areas of focus, and his knowledge and capabilities will help us to continue to provide our clients with exceptional legal counsel and representation.”
Prior to joining Hannon & Boyers, Mr. Portal founded and operated his own practice, Portal & Associates in Coral Gables , where he focused on civil trial matters. He was admitted to The Florida Bar in 2002 and is also admitted to practice in the United States District Court for the Northern, Middle and Southern Districts of Florida. Mr. Portal is an active member of the Cuban American Bar Association, American Association for Justice, Florida Justice Association, Miami-Dade Justice Association and the American Bar Association. He earned a bachelor’s degree from the University of Miami and his law degree from the University of Miami School of Law.