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Archive for the ‘Damage Claims’ Category
Michael Dolce, a lawyer with Fort Lauderdale law firm Colodny, Fass, Talenfeld, Karlinsky & Abate lauded for “Top 100 Verdicts” for a $19 million damages award by a jury verdict, has been named to hhe Florida Council Against Sexual Violence Board of Directors.
Dolce is a nationally recognized civil litigator. He will serve with various prominent statewide advocates for victims of sexual abuse.
“I’m gratified to have the opportunity to join Florida’s foremost professionals in the ongoing effort to provide dignity and justice to sexual violence survivors and to combat ongoing sex crimes,” Mr. Dolce said.
The FCASV is a nonprofit organization that serves as an informational resource to the State of Florida and agencies that provide support programs for victims and survivors of sexual violence. In addition to administering a toll-free rape crisis hotline, the FCASV hosts an annual statewide conference for sexual violence counselors and other professionals.
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By Gloria W. Fletcher
The tale of Rilya Wilson is as heartbreaking as they come – even if the Florida Department of Children and Families, child care attorneys, legal advocates, guardians and others don’t know for certain the whereabouts of the Miami foster child. Wilson was 4 when she disappeared in 2000. Her case raised an uproar among child welfare advocates who let it be known that there were over 400 missing foster children like Rilya on any one day in Florida.
Although there were exhaustive efforts to find Rilya and some systemic reforms implemented to find other missing foster children, some 11 years later, no one has seen her since – and her onetime caregiver, Geralyn Graham, stands accused of kidnapping, abusing and smothering her. Indicted in 2005, she is scheduled to stand trial for first degree murder later this year.
Throughout the intervening years, the Florida Department of Children and Families has borne the brunt of criticism of its handling of such cases. Such was the case with the death of 10-year-old Nubia Barahona and the critical injuries suffered by her twin brother, Victor, allegedly at the hands of adoptive parents Jorge Barahona and his wife, Carmen. The couple faces the death penalty, if convicted.
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The Department of Children and Families plan to privatize mental health services has been called by one judge a “rush to privatization…that will harm Broward’s mentally ill” and mental health patients, and one that’s “going to take a bad system and make it even worse” by Broward Public Defender Howard Finkelstein. Worse still, attorneys and advocates believe it could result in harm, injuries, even avoidable, wrongful death — and personal injury lawsuits and damage claims.
The Sun-Sentinel wrote, “The privatization wave that has swept over so much of state government was supposed to come to Broward’s mental health administration by 2013. But budget cuts to Florida’s Department of Children & Families have prompted a speedup, with DCF now trying to hand off oversight duties to a private Miami-Dade-based outfit by Oct. 1.”
Read the entire story here.
Is change in the wake of the horrific death of Nubia Barahona and the critical injuries sustained by her twin brother sufficient to prevent future abuse to foster and adopted children in Florida? Without such change, lawsuits, damages, claims of personal injury and wrongful death will only continue, notes Florida child advocacy attorney Howard M. Talenfeld, president of Florida’s Children First.
 Nubia Barahona The Palm Beach Post reports this week that “leaders of the private agency once charged with ensuring Nubia Barahona was safe with her adoptive family say the girl’s death has led to changes that could help caseworkers detect threats to foster children.”
“This case has caused a shift in [caseworkers'] thinking. — ‘Are these foster parents the good people? Do they want to adopt for good reasons?’” Our Kids CEO Frances Allegra, told the paper. Allegra recently co-wrote a 10-page plan to improve its case management in response to the death.
The paper notes that the final version of the plan has been reviewed and approved by Department of Children & Families Secretary David Wilkins. Read the Post’s story here.
A sweeping Florida Senate rewrite of the state Medicaid program, approved today by the health and human services budget committee will steer 2.9 million low-income Floridians into health coverage provided by managed care companies. Left behind: legal caps and liability limits for foster care providers.
According to the Palm Beach Post, “Trial lawyers and children’s advocates have been fighting the lawsuit limits, especially in the wake of the death of 10-year-old Nubia Barahona and near death of her twin brother, Victor, allegedly at the hands of their foster parents who are now facing murder charges.”
Read the entire story here.
A Medicaid-reform effort has lawmakers seeking to limit the rights of poor people to sue doctors, hospitals and child-welfare companies. “In the midst of expanding HMO-style management in Medicaid, the Legislature is passing a raft of proposals that limit the liability of Medicaid doctors, hospitals, nursing homes and private community-based care companies,” writes the Miami Herald.
Backers of the legislation include doctors and hospitals, the paper writes. Because they’re working for the state (which itself is shielded from lawsuits and some damage awards), the Medicaid providers and child-welfare companies should receive the same protections.
Opponents of the proposed legislation, including Democrats, child advocates and trial attorneys, claim such legislation will hold no one accountable in such cases like Nubia and Victor Barahona. The two Miami children allegedly were abused by their adoptive parents. Such legislation also would help the insurance industry, the paper wrote. Read the entire story here.
An editorial in today’s Palm Beach Post raised serious issues regarding calls by private lead agencies serving the Florida Department of Children and Families ( DCF ) to provide sovereign immunity protections that will cap personal injury damage claims by lawyers.
Many attorneys and child welfare and foster care advocates agree: Such protections will save no money. In fact, there will be a total loss of accountability for these providers’ services. More importantly for children harmed or injured while under the care of these companies or agencies, there will be no claims for damages.
Attorneys for children like Victor Barahona, who was critically injured (while his sister, Nubia, was killed), won’t be able to sue these private providers. Damages would be capped. Meanwhile, Victor’s hospital bills will far exceed any coverage limits.
As the Post wrote, “As the secretary of the Florida Department of Children and Families acknowledged this week, 10-year-old twins never should have been adopted by Jorge and Carmen Barahona.
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A $1.575 million settlement brought an abrupt end to a Fort Lauderdale trial that questioned the Broward Sheriff’s Office for its management of abuse allegations involving an infant who suffered injuries and brain damage, the South Florida Sun-Sentinel reported.
“Sheriff Lamberti did the right thing by resolving the 5-year-old child’s claim as a result of a lawsuit for a negligent protective investigation, which occurred during a prior administration,” said Howard Talenfeld, one of the plaintiff attorney’s trying the case.
The newspaper went on to report that the insurance company for the Sheriff’s Office reached the deal Wednesday with attorneys for Jace Manning, now 5, who was left developmentally disabled after his skull was fractured in February 2006.
Two months before the boy’s severe injuries, Jace was hospitalized with an unexplained bruise under his chin, and his grandmother implored authorities to remove him from the Coral Springs apartment where he lived with his mother and her boyfriend. Read the entire story here.
Despite medical experts’ suspicions that 2-year-old Deondray Ashe had growing issues in his home, doctors couldn’t be certain that injuries revealed before his death in June were the result of abuse.
 According to a review by the Florida Department of Children & Families and a story in the Lakeland (Fla.) Ledger, a child protection team physician who examined Deondray on March 27 diagnosed the child “with chronic bilateral subdural hematoma, healing rib fractures not in typical position, growth retardation, evidence of cerebral palsy, severe developmental delays, acute sinus infection, pneumonia, sagging skin in which the BMI is below normal, the Ledger reported.
While state child welfare officials had expressed some concerns about Deondray’s physical condition, newly released details show they had no proof, either, the Ledger noted.
Read the entire story here.
Lobbyists and attorney advocates from the Fort Lauderdale law firm Colodny, Fass, Talenfeld, Karlinsky & Abate, P.A. successfully convince the Florida Legislature and Governor Charlie Crist to pass a claims bill to help a former foster child raped by her foster father.
According to the Naples Daily News, Gov. Charlie Crist has signed a bill that will release $1.2 million to the guardian of a mentally retarded woman who had a baby after being raped as a teen by her foster father in Immokalee.
The claims bill Crist signed Thursday afternoon was approved by the Legislature and releases the remainder of a $1.3 million settlement by the state Department of Children and Families to Darlene Achille, the guardian for her sister, Pierreisna, 26, and her 9-year-old daughter.
“The next step is obviously getting the money,” said attorney Richard Filson of Sarasota, who filed the lawsuit in 2002. “I talked to Pierreisna and she is very happy. … They’re living in a small apartment. It’s good news to them.”
Read the entire story here
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- Miami Herald – Miami, Florida – December 30, 2011 - Barahona Judge’s Efforts to Ferret Out Leaks Detailed Court records released to The Herald document a judge’s efforts to identify lawyers or child welfare administrators she suspected of leaking secret material to the newspaper.
- Miami Herald – Miami, Florida – December 17, 2011 - South Florida Charter Schools Admit Few Special Needs Children From South Dade to the northern reaches of Broward County, only a handful of students with profound disabilities make it into charter schools, according to a Miami Herald / State Impact Florida analysis of student enrollment data. The trend holds true across the state, where 87 percent of charter schools don’t serve any students with the most intense support needs.
- Associated Press – State College, Pennsylvania – December 16, 2011 - Penn. Deputy Attorney General Cites PSU 'Inaction' A graduate student waited a day after allegedly seeing a child being sexually assaulted on Penn State's campus before telling his supervisor, football coach Joe Paterno. Paterno waited another day before calling the university's athletic director, who looped in a school vice president. "I think it's a sad, sad, sad day, when you think about all of these victims, and you saw the inaction by a number of supposedly important, responsible adults. And there's a lot of inaction in this case," Marc Costanzo, a senior deputy attorney general, said after the preliminary hearing.
- USAToday – State College, Pennsylvania – December 13, 2011 - Penn State Coach Jerry Sandusky Waives Right to Hearing, Will Face Accusers Former Penn State assistant coach Jerry Sandusky waived his right to a preliminary hearing today, sending the case directly to trial at a later date.
- Palm Beach Post – Miami, Florida – December 9, 2011 - Barahona Records: Neighbor Says Jorge Barahona Was 'Super Paranoid' Jorge Barahona was given to paranoia and fears of conspiracies around him that he expressed to a neighbor, according to investigative materials released this week by the Miami-Dade State Attorney’s office, fears that may have led him to murder his adopted daughter and almost kill her brother, Victor.
- The Miami Herald – Miami, Florida – December 9, 2011 - Pleas by Nubia Barahona’s Family Went Unheeded — Until It Was Too Late Relatives of Nubia and Victor Barahona were convinced that the children were being abused by their adoptive father. But they couldn’t get anyone to listen. Nubia Barahona, 10, was found dead in the back of her adoptive father's pickup truck in Broward on Valentines Day.
- Associated Press – State College, Pennsylvania – December 8, 2011 - Ex-Penn State Coach Sandusky Jailed on New Child Sex Abuse Charges Based on 2 New Accusers Former Penn State University assistant coach Jerry Sandusky spent Wednesday night behind bars after new child sex abuse charges were filed against him based on the claims of two new accusers, including one who says he screamed in vain for help while Sandusky attacked him in a basement bedroom.
- Gainesville.com – Plant City, Florida – Mentally Disabled Man Forced to Stand on Ant Hill A 21-year-old worker at a group home was arrested, and the facility where he worked was later shut down after authorities said he forced a mentally disabled man to stand barefoot on fire ant hills as punishment for stealing money. Florida MENTOR's Ike Smith Group Home's license has been suspended. Florida MENTOR continues to operate other facilities throughout the state. The Department of Children and Families and the Agency for Persons with Disabilities are investigating.
- Orlando Sentinel – Orlando, Florida – December 3, 2011 - Orlando Mom Was Foster Parent to Hundreds of Kids Dorothy Pearl Johnson didn't have children of her own. However, as a foster parent for four decades, she mothered about 400 children. Johnson, 87, continued to nurture children until a few months ago, when her failing health forced her to stop. After battling leukemia, she died on Tuesday in the home on Trentonian Court where she had cared for hundreds of children as if they were her own.
- New York Times – New York – November 22, 2011 - Drugs Used for Psychotics Go to Youths in Foster Care Foster children are being prescribed cocktails of powerful antipsychosis drugs just as frequently as some of the most mentally disabled youngsters on Medicaid, a new study suggests.
- USAToday – State College, Pennsylvania – November 16, 2011 - Penn State Case Presses Others to Tighten Abuse Laws Lawmakers and university officials across the USA are moving quickly to tighten up rules on who must report sexual abuse on campus in the wake of the Penn State scandal.
Reuters – State College, Pennsylvania – November 13, 2011 - A Long History in Penn State Child Abuse Case It will not be so easy to wipe out the stain on Penn State's reputation from the alleged abuse and what critics see as a cover-up by university officials who were told that Sandusky was seen raping a young boy in a shower in 2002. The case has drawn comparisons to the child abuse scandals that rocked the Catholic Church, whose top officials are also accused of covering up child abuse over decades.
Forbes – State College, Pennsylvania – November 11, 2011 - Conrad Murray, Penn State and Why the Powerful Enable Evil After Dr. Conrad Murray was found guilty of involuntary manslaughter in the death of Michael Jackson, the blogosphere, rightly, called him an enabler in a long line of celebrity enablers. Allegations that Penn State defensive coordinator Jerry Sandusky raped a pre-teen boy in the college shower seem less shocking than the nauseating cover-up that follows.
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