View this publication and other important information on our website

T H E A D V O C AT E
V3 | 08
$35M Birth Injury Verdict
04
Childbirth: Preventing Medical Mistakes
05
Products Liability Across the Country
06
View this publication and other important information
on our website at www.lytalreiter.com
A History of Helping
Holiday Giving: Lytal, Reiter, Clark, Fountain and Williams will be collecting
toys, clothes and household items to donate to families in need this holiday season.
All of the donations will be given to churches in Belle Glade, Florida to distribute
to parents who need help during these tough economic times. If you have any toys
and clothes that you are not using and would like to donate, please contact Michelle
Bacon at 561-820-2264
Don and Marla Fountain with event chairs Julie and Jack Fiedor. Photo Courtesy of Davidoff Studios, Inc.
Don and Marla Fountain recently were selected as the first ever recipients of the
“Jam for Life” award presented by the Cystic Fibrosis Foundation of Palm Beach
County. They were recognized for their commitment to the community, passion for
charitable giving, unselfish love for family and friends and for living life to the fullest. The award was presented at the organization’s annual “Arthur’s Jam,” an event
named after Arthur Weiss who lost his battle with Cystic Fibrosis at the age of 36.
Attorney Lance Ivey and firm
employee Debi Duprey spent
a day in jail. No, they didn’t
break the law; they were raising
money for the Muscular
Dystrophy Association.
All “bail” money went to
the MDA.
At Lytal, Reiter, Clark, Fountain &
Williams, contributing to the
advancement of our community is
a fundamental part of our business
philosophy. Each member of our
firm is active in professional, civic,
charitable and religious organizations
that make Florida a better place to
live, work and raise a family.
We have supported the United Way
and its 64 member agencies for
nearly fifteen years. By volunteering
our time, sponsoring televised
public service announcements and
conducting an employee campaign,
we help extend the reach of the
United Way to support the needs
and potential of over 400,000 people
in our community.
For the third year in a row, employees of Lytal, Reiter, Clark,
Fountain and Williams have participated in Passionately Pink
for the Cure, raising money for breast cancer research.
CASE HIGHLIGHT
Woman Paralyzed When Roof Crushes In
In just a few terrifying seconds, one family’s life was changed forever.
A husband and wife, both 65 years old, were on their way to the airport to
pick up their daughter when another car suddenly changed lanes and hit
their vehicle. Their vehicle rolled over and came to rest on an exit ramp on
Interstate-95.
Joseph J. Reiter
Lance C. Ivey
The husband was treated at the scene for his injuries. His wife was not as
fortunate. When the vehicle rolled, a manufacturing defect caused the roof
to crush in on her side. She suffered a severe spinal cord injury and is now
paralyzed from the neck down.
Before the accident, this couple was looking forward to many active years
exploring the mountains in North Carolina, where they had just purchased a
retirement home. Now, in a wheelchair, their retirement years will be much
different then they imagined.
Attorneys Joseph J. Reiter and Lance C. Ivey obtained a confidential settlement from the
vehicle manufacturer to help this family with the ongoing care and support they will need for
the rest of their lives. ◼
ATTORNEYS
Mark W. Clark, P.A.
Jordan C. Evert
Donald R. Fountain, Jr., P.A.
Todd Fronrath
Gregory P. Huber
Lance C. Ivey
Darla L. Keen
W. Hampton Keen
Nancy La Vista, P.A.
Julie H. Littky-Rubin, P.A.
Lake Lytal, Jr., P.A.
Lake H. Lytal, III, P.A.
Jorge L. Maxion
David C. Prather, P.A.
Joseph J. Reiter, P.A.
Kevin C. Smith, P.A.
William S. Williams, P.A.
Gregory T. Zele
CHIEF INVESTIGATOR
Marty Kerner, M.S.
PARALEGAL/INVESTIGATORS
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the newsletter.
Helping accident victims in court and on the road
Nancy La Vista
On a rainy day, nurse paralegal Cindy Mazzuto and attorney Nancy LaVista
were driving on I-95 and saw a car that had just rolled over. Since both are nurses, they immediately stopped to help the victims including a 16-year-old boy on
his birthday. They were the first on the scene; followed by other good samaritans who all worked together to help until an ambulance arrived. Mazzuto and
LaVista want to remind everyone, that even if you have no medical training,
there are ways to help in an emergency. In this case, a man gave the shirt off his
back to help stop the teen from bleeding. Other helpful items that you can keep
in your car include:
¬
¬
¬
Cindy Mazzuto
C
¬
First aid kit
Flashlight
Umbrella
Blankets or towels: for someone
to lie on or keep them warm.
Diapers: to apply pressure to
a wound and stop bleeding
¬ Tampons: to stop a nosebleed
¬ Sugar Packets: to give to
someone who is diabetic
Robert Bradshaw
Vicki Brown
Marlene W. Clarke
Lawrence Gordon
W. James Keeley
Teresa Krellner
Melissa Lardakis
Nelson Lopez
Eliana Putney
James E. Williams
NURSE PARALEGALS
RoxAnn Billingslea, R.N., B.S.N.
Patty Lewis, B.S.N., R.N., C.E.N.,
L.H.R.M
Cynthia Mazzuto, R.N.
Katherine A. Spangler, R.N., M.S.
DIRECTOR OF ADMINISTRATION
Lance E. Howden
MARKETING/ PUBLIC RELATIONS
Michelle Bacon
¬
a good deed goes a long way;
you never know when you will be the one in need.
MAIN OFFICE
Northbridge Center
10th Floor, 515 North Flagler Drive
West Palm Beach, Florida 33401
(561) 655-1990/ (800) 654-2024
BELLE GLADE
341 SE 2nd Street
Belle Glade, Florida 33430
T H E
A D V O C A T E
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MEDICAL MALPRACTICE
We are here
WHEN YOU NEED US
Our firm represents medical malpractice victims and their
paralegals, and litigation support staff who work exclusive
nursing home vio
violations. We also retain some of the most
cases we handle are meritorious and to ass
assure that the ca
clients deserve fa
fair compensation.
Jury Awards Family $35 Million
in Medical Malpractice Case
A Broward County jury awarded Denise and David Brown $35 million
in a case against North Broward Hospital District, doing business at
Broward General Hospital.
In 2000, Denise Brown was pregnant with her son, Darian. On January
10th, 2000, she went in for a regular check-up. Her doctor noticed the
fetal monitoring showed fetal tachycardia (heart rate greater than 160)
and admitted Ms. Brown to Broward General Hospital for observation.
Doctors noted that she was at risk for pre-term labor. For the next 3
days she continued to have pre-term labor issues, but her contractions
were controlled and the baby’s heart rate stabilized.
On the evening of January 14th, there was a significant change in
the fetal monitoring pattern. Despite policies and procedures to
notify the doctor, the Broward General staff did not.
On January 15th at 2:40 am, fetal monitoring continued to worsen.
At 5:15 am nurses finally called a doctor. The decision was made to
deliver the baby at 5:50 am. However, the baby was not delivered until
more than an hour and a half later. As a result of the delayed delivery,
Darian suffered severe brain damage.
Attorney Nancy La Vista thoroughly investigated and litigated
this case for several years, using experts from around the country
to determine what went wrong. The suit blamed the
doctors for failure to effectuate a timely delivery
and the nurses for negligence in their failure to inform
the physicians of significant changes in
fetal monitoring.
Now, at eight years old, Darian cannot feed himself,
cannot walk, cannot make decisions, is severely profoundly impaired and will require a lifetime of care.
At trial, LaVista and Attorney David C. Prather
proved to the jury all of the mistakes made by
the hospital staff and doctors. After eight
years, the Browns finally have justice. The
hospital has appealed. For any recovery, a
claims bill will be necessary. ◼
P A G E
4
families. We employ attorneys, registered nurse
ely on cases involving medical malpractice and
respected medical experts in the country to
sist us in persuading judges and juries that our
How do you know if
something went wrong
during delivery?
Nancy La Vista
David C. Prather
Ms. La Vista
also recently
negotiated resolution in a separate
brain injury birth
case which allows
the family to care
for their child
for the rest of
his life, free
from worry about
medical care costs
and the economy.
T H E
A D V O C A T E
When the Browns’ baby, the subject of the
$35 million verdict in this ADVOCATE was
born, the family never knew their baby had
ever suffered anything abnormal during labor
and delivery. Based on what they were told
by their health care providers, they thought
everything was fine.
Although testing was done in the hospital
that showed an injury to the baby’s brain,
that information was never shared with the
Browns. It was months after the birth that
Mrs. Brown noticed something didn’t seem
right with her baby.
After it was determined her son was brain
damaged and that it was a birth injury, the
Browns questioned how this could have happened. None of the baby’s health care providers ever told the parents it was because of any
medical negligence. Only after hiring Lytal,
Reiter, Clark, Fountain & Williams, and
nurse/attorney Nancy La Vista reviewed the
medical records, did they learn that, in fact,
their case needed to be reviewed by experts
as it appeared the baby’s brain damage was
a result of negligence during the hospitalization. This is a situation that happens all
too often.
Although uncommon, maternal death still
occurs for reasons unknown or because of
negligent healthcare delivery. Examples may
include where the mother through medical
negligence dies of unexpected or unmonitored blood loss, medication errors and
improperly treated eclampsia to name a few.
At LRCFW, we have investigated and successfully litigated many of these types of cases.
Because these cases are so specialized, we have
a team that is responsible for their review and
investigation. We work with the top specialists in the country to identify all the issues in
these cases.
Although the recovery in these cases can
range in the tens of millions, we can never
replace the loss of a loved one or the loss of a
healthy child.
At LRCFW we pride ourselves in caring
about our community and our clients and
commit ourselves to working with our clients
to obtain the best result possible. ◼
Injury to babies can occur during the
pregnancy from natural causes such as
infection, abnormal development or even
genetics and failing to properly treat natural
conditions. The injury can also occur
during labor, delivery or post delivery
resuscitation again from natural causes or
negligent acts. Additionally, it is not always
the baby who sustains an injury; mothers
as well can be injured during the entire
pregnancy process. For example untreated
or improperly treated high blood pressure
can have devastating effects on the mother
as well as the baby.
Darian Brown
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P A G E
5
PRODUCT LIABILITY
Our firm gladly accepts referrals
from anywhere in Florida and the
United States. Here are just a few of
our recent products liability cases.
NEW MEXICO
In San Rafael, New Mexico, three Navajo
Indian children lost their mother when she
was killed during an accident involving a tire Donald R. Fountain
failure and subsequent rollover. Attorneys
Donald R. Fountain and W. Hampton
Keen were admitted to practice law in New
Mexico to help them, as well as another
woman catastrophically injured in the same
accident. Initially, the responsibility for the
defective tire appeared to be only that of W. Hampton Keen
the manufacturer; however, Fountain and
Keen determined that while the vehicle was in the
selling dealer’s possession, a good spare tire had been
substituted with the defective tire that failed. On the
eve of trial, the tire manufacturer and the seller of
the vehicle each settled the case.
WEST VIRGINIA
When a church group rented a 15-passenger
van in West Virginia to attend a convention
in New York, they had no idea that the
vehicle they rented had been the subject of
multiple consumer advisories by the National
Highway Traffic Safety Administration due
to its poor handling ability during emergency
accident avoidance maneuvers. Tragically,
as the group headed to the convention,
the vehicle was involved in a catastrophic
rollover accident, during which multiple
passengers were injured and/or killed.
W. Hampton Keen
Donald R. Fountain
Attorneys Hampton Keen and Don Fountain were
requested by West Virginia counsel to take over as lead
counsel on the case after the case had been in litigation
for four years with no offers from the defendants and
no trial date. Having handled multiple 15-passenger
van cases in the past, Mr. Keen requested critical
documents from the defendants in moving the case
toward trial. Ultimately, the defendants settled all of
the cases within 18 months of Keen and Fountain
taking over the litigation.
Thanks to the efforts of Fountain and Keen, the three
children will be cared for financially for the future,
and will have the opportunity to attend college.
Additionally, the other woman catastrophically
injured in the accident will be able to get the care
she will need for the rest of her life.
HILLSBOROUGH COUNTY, FLORIDA
It was supposed to be an enjoyable evening filled
with music and family. But, as two sisters and
their husbands were on their way home after a
concert, one of the tires on their vehicle suffered
a tread separation, causing it to lose control and
rollover.
Represents some of the cases LRCF&W
has been involved with across the country.
Lance C. Ivey
One of the young couples was ejected during
the horrific crash on Interstate 4 in Hillsborough
County, Florida. The husband suffered severe
brain damage and massive facial injuries. He Mark W. Clark
spent three months in the hospital where he was
on a mechanical ventilator and had to be fed through a
tube. Because of his injuries, he has not been able to return
to work to support his family. His wife sustained a closed
head injury, a ruptured spleen and multiple fractures. In
addition to their cognitive and physical injuries, they are
both now being treated for depression.
Attorneys Lance C. Ivey and Mark W. Clark obtained
a confidential settlement with the tire and vehicle
manufacturers. The accident victims will now be able to
provide for their two young children and pay for their past
and future medical needs.
T H E
A D V O C A T E
EMPLOYEE SPOTLIGHT
Congratulations to RoxAnn Billingslea, Debi Duprey, Iris Rios, Janice
Schuler and Arlene Willman. They are all celebrating milestone 15-year
anniversaries with the firm. RoxAnn is one of our nurse paralegals, Debi is
the firm’s trial exhibit coordinator, Arlene works as Mr. Reiter’s legal assistant,
and Iris and Janice work together in the bookkeeping department, with
Janice serving as comptroller.
Congratulations to John Donner,
Lourdes Nunez and Cindy Wilkinson.
They are cel
celebrating 10 years at LRCF&W. John is in charge of the
firm’s office se
services department, Lourdes is a member of the firm’s
support staff aand Cindy works as Trey Lytal’s legal assistant.
OUR PARAL
PARALEGALS ARE REGISTERED THROUGH THE FLORIDA BAR
Our Paralegals meet the
requirements of the Florida Bar
Registered Paralegal Program.
A Florida Registered Paralegal
is a person with education,
training, or work experience, who
works under the direction and
supervision of a member of The
Florida Bar and who performs
specifically delegated substantive
legal work for which a member
responsible. Those pictured are Cindy Mazzuto, Jim Keeley, Lawrence Gordon,
of The Florida Bar is responsibl
Rob Bradshaw, Eliana Putney, Kathy Spangler, Tree Krellner,
Jim Williams, RoxAnn Billingslea,
Billing
Lardakis.
Marlene Clarkee and Melissa La
LEGAL RECOGNITION
LRCF&W has once again been select
selected
for inclusion in the 2009 edition of
the prestigious publication, The Best
Lawyers in America. Five of the firm’s
attorneys were also voted by the their
peers as among the best personal injury
attorneys in America:
Lake Lytal, Jr., Joseph J. Reiter,
Mark W. Clark, Donald R. Fountain, JJr.
and David C. Prather.
Lake Lytal, Jr.
Joseph J. Reiter
Mark W. Clark
Donald R. Fountain
David C. Prather
Williams S. Williams
Nancy La Vista
Lake Lytal, III
W. Hampton Keen
Lance C. Ivey
The 2009 Edition of the South Florida
Legal Guide has recognized Lake Lytal,
Jr., Joseph J. Reiter, Mark W. Clark, Donald R. Fountain,
William S. Williams and Nancy La Vista as Top Lawyers in South
Florida. Lake Lytal, III, W. Hampton Keen and Lance C. Ivey are
recognized as Top Up and Comers in South Florida.
T H E
A D V O C A T E
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P A G E
7
www.lytalreiter.com
RECENT CASES JULY 2008 - OCTOBER 2008
$436,500 SETTLEMENT
CONFIDENTIAL SETTLEMENT
CONFIDENTIAL SETTLEMENT
$710,000 SETTLEMENT
Auto Accident/
Disc Decompression
Tire Tread Separation/
Rollover/Wrongful Death
Failure to Treat Aneurysm/
Wrongful Death
Auto Accident/Neck Surgery
Palm Beach County
New Mexico
Martin County
Palm Beach County
Todd Fronrath
Donald R. Fountain &
W. Hampton Keen
Lake Lytal, Jr. & Kevin C. Smith
AUTOMOBILE ACCIDENT
Mark W. Clark
CONFIDENTIAL SETTLEMENT
Auto Accident/Neck Surgery
Shoulder Injury/Defendant
cited for DUI
Palm Beach County
Pinellas County
Todd Fronrath
Todd Fronrath
$625,000 SETTLEMENT
CONFIDENTIAL SETTLEMENT
CONFIDENTIAL SETTLEMENT
Tire Failure/15-Passenger
Van Rollover/Paraplegia/
Wrongful Death
Palm Beach County
$570,000 SETTLEMENT
Auto Accident/Back Surgery
PRODUCTS LIABILITY
Palm Beach County
CONFIDENTIAL SETTLEMENT
Todd Fronrath
Rollover/Roof Crush/Quadriplegia
$500,000 SETTLEMENT
Auto Accident/Bad Faith/
5 People Seriously Injured
Miami-Dade County
Joseph J. Reiter & Lance C. Ivey
CONFIDENTIAL SETTLEMENT
Joseph J. Reiter, Donald R. Fountain
& Lance C. Ivey
Incorrectly Administered IV
Solution/Brain Damage/
Wrongful Death
St. Lucie County
Lake Lytal, Jr., Joseph J. Reiter,
Kevin C. Smith & Nancy La Vista
CONFIDENTIAL SETTLEMENT
CONFIDENTIAL SETTLEMENT
Tire Tread Separation/
Rollover/Wrongful Death
Failure to Diagnose and
Treat Brain Aneurysm/
Wrongful Death
Dade County
Miami-Dade County
W. Hampton Keen
Nancy La Vista
Gregory P. Huber
15-Passenger Van Rollover/
Multiple Severe Injuries/
Wrongful Death
$450,000 SETTLEMENT
West Virginia
$35 MILLION VERDICT
CONFIDENTIAL SETTLEMENT
Auto Accident/Neck Surgery
W. Hampton Keen
Delayed Delivery/Fetal
Distress/Brain Damage
Neck Surgery/Back Injury
Toombs County, Georgia
Palm Beach County
Lake Lytal, III
CONFIDENTIAL SETTLEMENT
Tire failure/Rollover/Brain
Damage/
Massive Facial Injuries
Hillsborough County
Mark W. Clark & Lance C. Ivey
Northbridge Center 10th Floor
515 North Flagler Drive
West Palm Beach, FL 33401
MEDICAL MALPRACTICE
Broward County
Nancy La Vista & David C. Prather
PREMISES LIABILITY
Martin County
David C. Prather