Tuesday, February 23, 2010

Miami Law Firm Files to Collect Half Million Dollar Judgement


Legal Business Review, Staff Writer
February 23, 2010
Miami attorney David W. Lipcon, of Lipcon & Lipcon, PA, last week filed a Garnishment action against the Burlington Insurance Company to collect insurance proceeds on a half-million dollar judgment he won against a condominium association.

Lipcon's client was the owner of a condominium unit at Biscayne Park Terrace Apartments. The association was in control of the common areas of the complex and had the responsibility of providing security to the owners and their guests. On May 6, 2007, Lipcon's client was attacked and beaten, unprovoked, by a guest of a renter of one of the units. He sustained serious injuries, including a fractured orbit and severe facial lacerations.

Burlington refused to provide insurance coverage for the incident claiming its policy excludes assaults and batteries.

Lipcon filed his lawsuit and won a $500,000.00 judgment against the Association. The Garnishment action seeks payment of the insurance proceeds to satisfy the judgment.

The case will be heard in front of Judge Peter Adrien, in the Circuit Court of Miami-Dade County.

Lipcon & Lipcon is recognized as one of the top firms, nationally, and in the State of Florida for representing families and victims of negligent security and premises liability. Lipcon & Lipcon, P.A., (866) 824-4080 or (305) 670-6144, www.LipconLawFirm.com

Monday, November 16, 2009

Lipcon & Lipcon, P.A., files its first claims against Maclaren, USA for defect in strollers.



Staff Writer

Lipcon & Lipcon, P.A., a boutique personal injury litigation law firm in Miami, FL, has announced that it has presented claims on behalf of two children who were severely injured from a defective hinge on certain models of Maclaren strollers.

Last week, Maclaren USA, the American subsidiary of the British manufacturer of umbrella strollers and other children’s products, voluntarily recalled about 1 million strollers because of fingertip lacerations and amputations. According to the Consumer Product Safety Commission, “The stroller’s hinge mechanism poses a fingertip amputation and laceration hazard to the child when the consumer is unfolding or opening the stroller.”

The strollers involved in the recall are the Maclaren single and double umbrella strollers listed below:

* Volo
* Triumph
* Quest Sport
* Quest Mod
* Techno XT
* TechnoXLR
* Twin Triumph
* Twin Techno
* Easy Traveller

All effected strollers were sold at mass merchandise retailers nationwide between 1999 and November 2009.

When asked about the claims, David W. Lipcon, a partner at the firm, stated, “...a manufacturer is responsible for acting reasonably - or exercising ‘due care’ - in designing, manufacturing and testing a product, to make sure that it is safe and ‘fit’ for a particular purpose. If the product is unsafe, to such an extent that results in injuries to the person using it, the manufacturer should be held responsible. In this case, Maclaren knew of the defect and chose not to warn of its dangers or take steps to correct the danger, until it was too late.”

Lipcon & Lipcon is recognized as one of the top firms, nationally, and in the State of Florida for representing families and victims of defective products. Lipcon & Lipcon, P.A., (800) 299-3918 or (305) 670-6144, www.LipconLawFirm.com








Friday, October 23, 2009

Policy limits paid to injured client of Miami law firm

Legal Business Review, Staff Writer

October 22, 2009

SETTLEMENT: $225,000

CASE: M.A. and R.A., her Husband vs. Richard K. and Geico Indemnity Company

Court: Miami-Dade County Circuit Court, 11th Judicial Circuit

Plaintiff Attorneys: Lipcon & Lipcon, P.A.

Facts and Allegations: Plaintiff, M.A. was injured when the car she was driving was crashed into by a driver of a vehicle who ran a red-light at the intersection of N.W. 3rd Ave and N.W. 2nd Street in Miami, FL. Plaintiff was taken by ambulance where she was treated for injuries to her neck, back and right knee. Plaintiff ultimately underwent surgery on her knee to repair a torn meniscus. Defendant was insured with Progressive Insurance Company for $100,000.00. Attorney Mitchell Lipcon was able to secure payment of the full amount of those limits after he argued there would be a claim for bad faith if Progressive did not immediately tender the money (Progressive had suggested that Plaintiff may have had a pre-existing condition to her knee which would have precluded recovery). Lipcon secured payment, in full, of Plaintiff’s stacking uninsured/underinsured motorist benefits when he successfully argued that the tortfeasor’s insurance limits were insufficient to fully compensate Plaintiff for her suffering.

RESULT: Settlement for full bodily injury and uninsured/underinsured motorist insurance limits.

Comments: Lipcon stated that after 44 years of specializing in personal injury law he knew how to seek out a full recovery for his client, which included recovering for stacking underinsured motorist benefits, which plaintiffs were unaware they possessed. “You have to have the experience to know where to look and how to get the most for your client, otherwise you are practicing in the wrong area of law.”

School teacher wins settlement for rear-end collision

Legal Business Review, Staff Writer

October 21, 2009

SETTLEMENT: $ 37,500.00

CASE: G.L. v. L.C. and ALLSTATE INSURANCE COMPANY

Court: Miami-Dade County Circuit Court, 11th Judicial Circuit

Plaintiff Attorneys: Lipcon & Lipcon, P.A., David W. Lipcon and Mitchell J. Lipcon

Facts and Allegations: G.L., 23, after care teacher, was injured in a rear-end collision on March 17, 2007, in Hialeah. G.L. had injuries to her neck and low back. She was treated for approximately one (1) year for soft tissue injuries. She lost approximately 2 weeks from work. Following medical care, she was able to return to her usual work and leisure activities. Case settled before trial.

RESULT: Settled before trial for $37,500.00

Saturday, July 4, 2009

Attorney’s work wins $2.25 million for inmate injured in transport van

Daily Business Review
July 02, 2009 By: Review staff

Attorney David W. Lipcon

Case: Jesus Gonzalez v. MVM International Security Inc.
Case No.: 08-60662
Description: Personal injury
Filing date: Oct. 2, 2008
Settlement: June 20, 2009
Judge: Miami-Dade Circuit Judge Scott Silverman

Settlement: $2.25 million

Plaintiff attorney: David Lipcon, Lipcon & Lipcon, Miami

Defense attorney: C. Richard Fulmer Jr., Fulmer Leroy Albee Baumann & Glass, Fort Lauderdale.

Details: Jesus Gonzalez was in federal custody on Sept. 15, 2005, and was being transported from the U.S. Federal Building and Courthouse to the Miami Federal Correctional Institution in South Miami-Dade. He had pleaded guilty to a conspiracy to distribute crack.

Gonzalez was handcuffed and leg shackled in the back of a van driven by employees of Vienna, Va.-based MVM International Security, a subcontractor of the U.S. Marshals. The van was heading south on I-95 when two cars collided, causing a GEO Metro to hit the van. The van rolled three times, ejecting Gonzalez and leaving him a partial quadriplegic from a skull fracture, spinal injuries and nerve damage. He was left paralyzed from the waist down with only limited movement in his arms.

Despite the accident, he completed a sentence of two years and six months in August 2007.

The other prisoners in the van suffered relatively minor injuries. Gonzalez’s medical bills approached $300,000, most of which was paid by the U.S. Department of Justice.

Gonzalez struggled to find a civil attorney to represent him because many lawyers assumed that the federal government was transporting the prisoners instead of a contractor, Lipcon said. A negligence lawsuit against the U.S. Government is difficult to prosecute because of award caps and other restrictions.

“Everyone thought they were marshals,” Lipcon said. “I looked further into it and realized it was a private company with private insurance, and it really changed the nature of the case.”

Lipcon filed suit in Miami-Dade Circuit Court against MVM, Arizona-based Scottsdale Insurance and San Antonio, Texas-based Argonaut Insurance, but dropped the two insurers from the case in March. The lawsuit includes a single count alleging that MVM failed in its duty to ensure that Gonzalez was being transported safely at the time of the crash.

The case settled before trial.

Plaintiff Case: In the lawsuit, Lipcon argued that MVM wasn’t negligent in how it operated the van, but in failing to ensure Gonzalez wore a seatbelt. He also contended that the van MVM used, a Chevrolet 350, had a tendency to roll in crashes when it was loaded with passengers.

Defense Case: Fulmer said he did not have permission from his client to talk to the media.

But according to Lipcon, Fulmer contended that MVM had no obligation to ensure the prisoners wore seat belts, and that it was following the orders of the U.S. Marshals Service, which does not make it mandatory for prisoners to wear seat belts.

Outcome: MVM agreed to settle for $2.25 million.

Quote: “He’s still a citizen, he didn’t ask to be put in this position, he asked to be seat-belted. Does he deserve what he ultimately got, a life sentence in a wheelchair? Absolutely not,” Lipcon said.

“This is tantamount to a death sentence.”

Post-decision: Gonzalez is confined to a wheelchair. Medical reports from prison doctors who treated him note that his condition is likely permanent.

Miami-Dade Circuit Court

Thursday, May 28, 2009

May 28

Nursing Home Abuse/Neglect - A Guide for Families from Lipcon & Lipcon, PA

Often, families reluctantly have to place their loved ones in Nursing Homes or Assisted Living Facilities (ALFs), in order to assure medical attention and every-day assistance that they are not able to provide for themselves. They expect, and are certainly entitled to, top quality care.

Unfortunately, there are situations where residents of these facilities are not treated properly. Many become injured, or fall into poor health, due to neglect or intentional abuse. Examples include individuals who are not well fed, not given access to their doctors, not bathed frequently, not turned or moved to avoid bedsores or ulcers, and, not given the dignity and human rights they deserve.

Florida has laws in place to ensure that the care, dignity and rights of Nursing Home and Assisted Living Facility residents are protected. Nevertheless, it has been reported that many residents have become helpless victims of Neglect & Abuse; and, the problem is on the rise. If you think your loved one has been mistreated, you can do something about it!

Below are some FAQ’s from our clients, friends and families who have loved ones or family members in a Nursing Home or ALF:

How do I select the best Nursing Home or Assisted Living Facility for my loved one?

Evaluate your needs to determine which nursing home is best suited for your particular situation. For example, do you need a facility to care for a loved one suffering from Alzheimer's? Do you need dialysis machines, or, a specialized wound care center?

Ask your physician for referrals; and, speak to others such as family, friends and neighbors who have been through a similar situation.

Contact your State and ask for copies of published information, such as Nursing Home Guides and surveys.

How do I ensure my loved one is receiving high quality care?

The most important part of ensuring care is to remain involved in your family member's life. Monitoring and observing changes in their condition is essential to ensuring they are being cared for properly.

What do I look for when checking up on my loved one?

Diet: Make sure that your family member is drinking enough water and eating well. Because nursing home CNA charting can be inaccurate, be sure to visit at mealtime to check the food, and, see if your loved one is eating. Malnutrition and dehydration can cause life threatening diseases including urinary track infections, kidney failure, and, skin breakdown that can lead to bedsores, dementia and a weakened immune system.

Weight loss: Watch closely for weight loss by your family member. Do not rely on the nursing home's stated weight, because they may try to hide weight loss. A good place to check for weight loss is the upper arm and calves.

Dehydration: To check for dehydration, you should look at skin tone and dryness in the mouth and lips, along with pinching the skin on the forehead or the sternum. If the skin sticks together and leaves a ridge, there could be a dehydration problem.

Bedsores: If your family member is immobilized in bed or in a wheel chair, they are at risk for bedsores. On visits, ask them if they have any cuts or wounds. If they are unable to answer, be sure to check their entire body on every visit. Without proper prevention and care, bedsores can appear overnight. Common areas for bedsores are on the heels, hips and buttocks. If a bedsore is allowed to develop, it will cause serious illness .. and, even death .. to your loved one.

Toilette Use: If your family member needs assistance to use the toilet, a facility with insufficient staffing will have the motivation to put him or her in diapers, because it is less work. As a consequence, it will be very difficult to become self-regulating. This will be used as an excuse to keep your loved one in the nursing home, instead of an Assisted Living Facility (ALF). Insist that your family member is taken to the toilet regularly. If he or she is starting to have accidents, complain that it is because the call light is not being answered, rather than it being an incontinence problem. Ask your family member, frequently, if he or she has any symptoms, such as burning urination, and dark, cloudy or foul smelling urine.

Confusion/ Dementia: If your family member starts showing signs of confusion and/or dementia after entering the nursing home, these symptoms are not just part of normal aging. They are, usually, caused by some type of disease; or, they can be triggered by malnutrition or dehydration. Insist that the facility and the doctor run blood tests to rule out disease, malnutrition and dehydration.

Rehabilitation & Exercise: Make sure that the facility is following through with any rehabilitation they have promised. Occasionally, you or someone else needs to be there while your family member is doing his or her exercises, in order to see if they are being effective.

Bathing & Cleanliness: Make sure that your loved one is fully bathed, at least three times a week. Your family member should not have any body odor or scaling skin. Check for proper nail and dental care.

In general, let the facility know that you are watching them; and, that you know what they are required to do. Don't be afraid to let them know that you are aware of the (Federal/State/local) regulations governing the care of your loved one.

What do I do if I encounter resistance to monitoring my loved ones care?

Report resistance to the highest level of management, at once. If you encounter any resistance at that level, you should consider moving your loved one to another facility.

What do I do if I have reason to believe my loved one is in a life-threatening situation?

Insist that the staff call an ambulance to take your family member to a hospital. If they refuse, dial 911 yourself. It is possible that your family member could die while you argue with the staff about appropriate treatment.

What are the signs of Nursing Home Neglect & Abuse?

Nursing Home neglect and/or abuse can be physical and/or verbal. Both forms are very serious, and, it is important to know the warning signs. If you notice any of the following, your loved one may be the victim of abuse:

* Any open wounds or cuts
* Unexplained injuries such as broken bones, bruises, or welts
* Reports of being slapped, pushed, shaken or beaten
* Falls
* Being physically restrained to the bed or chair
* Over-medication causing lethargy or unresponsiveness
* Weight Loss
* Sudden slurred speech
* Deprivation of food or water, for any amount of time
* Emotional upset or agitation
* Extremely withdrawn and non-communicative
* Displaying unusual behavior such as sucking, biting or rocking
* Displaying behavior that is: humiliating, insulting, frightening, threatening or ignoring towards family and friends
* Wanting to be isolated from other people
* Injuries requiring emergency treatment or hospitalization
* Any injury or death occurring during, or shortly after, an episode of wandering (including outside the facility)
* Unexplained or unexpected death
* A nursing home resident injuring another nursing home resident
* Skin discoloration or deterioration
* Burns

Warning signs often go unnoticed by loved ones or family members. Do not ignore your instincts or suspicions. Don't be afraid to ask questions and investigate. Take an active role in your loved one's care, to insure that they are receiving the attention they deserve.

Loved ones may not tell their caregivers about the abuse because:

* They may be too frightened
* They may have been threatened by the abuser
* They may think that this abuse is "normal"
* They may not even be aware that they are being abused
* They may even think that they deserve to be "punished"

What do I do if I suspect Nursing Home Neglect or Abuse?

If you believe that your loved one is suffering from abuse or neglect, TAKE ACTION IMMEDIATELY! The first thing you should do is CALL 911. In some circumstances, call the police. Then, remove your family member from the facility. Take him or her to another nursing home; or, if urgent care is required, get them to a hospital.

Lipcon & Lipcon is recognized as one of the top firms, nationally, and in the State of Florida for representing families and victims of Nursing Home and Assisted Living Facility Neglect & Abuse.

$300,000.00 Recovery for Negligent Security at Hotel

Daily Business Review

Miami-Dade Circuit Court

$300,000.00 awarded to woman assaulted at hotel

CASE: Inna Budnytska vs. 10 Le June Road, Inc., Airport Regency Hotel, Airport Regency Management, Inc., and
Interports Security Service, Inc.

COURT: Miami-Dade Circuit Court

JUDGE: Scott Silverman

PLAINTIFF’S ATTORNEY(S): David W. Lipcon and Mitchell J. Lipcon of Lipcon & Lipcon, PA.

Ms. Budnytska, a native of the Ukraine, was working aboard the Norwegian Dawn, an NCL ship, when she injured her hand. As part of a claim for maintenance and cure, she was sent to Miami for medical treatment. She was housed at the Airport Regency Hotel. Approximately four (4) months after she checked into the hotel, she was attacked, in her room, and assaulted. A claim was made by her attorneys, against the hotel for negligent security. In addition, the security company for the hotel was brought into the suit.

Ms. Budnytska sustained an open wound to her right eye, multiple orbital fractures, facial lacerations and post traumatic stress disorder. She was treated, initially, for her injuries at the Ryder Trauma Center at Jackson Memorial Hospital.

It was alleged in the law suit that the hotel failed to provide a safe place for their guests, failed to perform an adequate security analysis, failed to have adequate monitoring of their security cameras and negligently allowed an un registered guest to have access to hotel room floors.

RESULT: The case was settled after mediation for $300,000.00.