It’s been months now. The story of the Chinese drywall saga has been in the news it seems, almost weekly. Everyone from investigative reporters to United States Congressman has entered the fray seeking to get some kind of justice for those families that were impacted. Most attempts have been unsuccessful. But there is one lone company that stepped up, without any strings attached, and decided to make the situation right. That company is G L Homes of Florida. And we first told you about them several months ago when it was discovered that they had used the tainted drywall in their homes.
While lawmakers, builders and consumer advocates have been arguing about the long term effects of the drywall, G L Homes has been working hard to replace it in 29 homes. That process is almost complete and the homeowners couldn’t be happier. Many of them are reporting that their homes are even “better than before.” In one house, the homeowner wasn’t too fond of the paint color that the contractor used on the newly installed drywall so G L Homes had it repainted a second time! Clearly, G L Homes is one of those rare builders that believe in going above and beyond to make things right.
As Consumer Protection Attorneys, it is refreshing for us to see a company or organization that does whatever is necessary to right a wrong. Actually, they are doing more than is required. In addition to the drywall, the builder has replaced insulation, electric wiring and copper plumbing. They are also paying the living expenses of the affected homeowners while the repairs are being completed. The result? One report indicated that the owners of homes constructed by other companies are now contacting G L Homes asking if they will replace their tainted drywall for a fee. That’s what happens when a company practices the art of extraordinary customer service!
It’s too bad that this kind of action is the exception and not the rule. Over the years we have seen many companies, far more culpable than G L Homes that try to wiggle their way out of obligations and make excuses for faulty materials and/or substandard performance. From our vantage point, we want to recognize G L Homes for a job well done. Many of their customers will be back in their homes before 2010 commences. What a way to start the New Year.
Weston Lawyers: The Trouble With Texting (or other forms of instant communication!)
Several months ago South Floridians and yes the nation was shocked by what happened to middle schooler Michael Brewer. If you remember, several of his peers doused his body with alcohol and subsequently set him on fire. The only thing that saved his life was jumping into a swimming pool close by. All of us are pulling for Michael and are keeping him in our thoughts and prayers.
We at Freedland Russo have also been watching the developments in this case. One of the most recent centers around, of all things, text messages. It appears that the judge has granted access to text messages that were exchanged between one of the perpetrators and his own brother around the time of this horrific event. Attorneys are hoping that it will shed some light on what may have contributed to this heinous act. It will be interesting to see how the revelation of these text messages play into the results of the upcoming trial.
These elements of this case are instructive to anyone that uses a mode of near instant or instant communication. We are in an age when we can send instantaneous e-mails to PDAs. We also have the ability to IM (instant message) and text message. However, there is a problem with instant communication. It is to, well, instant! Because as a society we want to be in constant touch with one another, much of our communication is thoughtless. And when no thought goes into what you’re saying, it can cause problems. If you don’t believe it, just ask several high profile athletes and politicians whose careers have been brought down and their public personas destroyed. Take Tiger Woods for example. Who among us has not yet heard the voice mail that he left for one of his mistresses? That voicemail along with other evidence that has been revealed has damaged his career and became the impetus for losing valuable endorsements and more importantly, destroying his family.
So how does one deal with tools such as text messages, e-mails, voicemails or other form of instant communication and keep them from hurting others or themselves? In a word, prevention. There are several steps you can take which can help keep things in check.
First, use restraint. Most e-mails, text messages and voicemails do not require an immediate response from you. Sometimes we just want to respond to get it out of the way. Taking a moment to compose your thoughts BEFORE you send the message will go a long way in helping you to keep from saying something now that could hurt you or others later.
Second, review what you have written. It is imperative that prior to hitting the send button you review what you’ve written even if you have taken your time to compose it in the first place! Pause and place yourself in the shoes of the recipient. If you don’t like how it sounds, rewrite it. Additionally many voice mails give you the opportunity to review your message and to re-record it if necessary. Taking these extra few minutes could save a lot of heartache later.
Third, think in terms of responding and not reacting. Reacting is instantaneous, responding is taking time to thoughtfully and carefully express your views. Just because someone is demanding an immediate answer now does not mean that you have to give it to them.
Unfortunately, in the Michael Brewer case, instant and thoughtless communication resulted in serious bodily injury to another. Careless words have destroyed relationships, started wars and fostered discrimination. Think before you speak (or before you write and press send!) is a good adage to live by.
Instant communication technology is here to stay but it doesn’t have to become your master. Take control before you communicate your message so that things won’t spin out of control later.
We at Freedland Russo have also been watching the developments in this case. One of the most recent centers around, of all things, text messages. It appears that the judge has granted access to text messages that were exchanged between one of the perpetrators and his own brother around the time of this horrific event. Attorneys are hoping that it will shed some light on what may have contributed to this heinous act. It will be interesting to see how the revelation of these text messages play into the results of the upcoming trial.
These elements of this case are instructive to anyone that uses a mode of near instant or instant communication. We are in an age when we can send instantaneous e-mails to PDAs. We also have the ability to IM (instant message) and text message. However, there is a problem with instant communication. It is to, well, instant! Because as a society we want to be in constant touch with one another, much of our communication is thoughtless. And when no thought goes into what you’re saying, it can cause problems. If you don’t believe it, just ask several high profile athletes and politicians whose careers have been brought down and their public personas destroyed. Take Tiger Woods for example. Who among us has not yet heard the voice mail that he left for one of his mistresses? That voicemail along with other evidence that has been revealed has damaged his career and became the impetus for losing valuable endorsements and more importantly, destroying his family.
So how does one deal with tools such as text messages, e-mails, voicemails or other form of instant communication and keep them from hurting others or themselves? In a word, prevention. There are several steps you can take which can help keep things in check.
First, use restraint. Most e-mails, text messages and voicemails do not require an immediate response from you. Sometimes we just want to respond to get it out of the way. Taking a moment to compose your thoughts BEFORE you send the message will go a long way in helping you to keep from saying something now that could hurt you or others later.
Second, review what you have written. It is imperative that prior to hitting the send button you review what you’ve written even if you have taken your time to compose it in the first place! Pause and place yourself in the shoes of the recipient. If you don’t like how it sounds, rewrite it. Additionally many voice mails give you the opportunity to review your message and to re-record it if necessary. Taking these extra few minutes could save a lot of heartache later.
Third, think in terms of responding and not reacting. Reacting is instantaneous, responding is taking time to thoughtfully and carefully express your views. Just because someone is demanding an immediate answer now does not mean that you have to give it to them.
Unfortunately, in the Michael Brewer case, instant and thoughtless communication resulted in serious bodily injury to another. Careless words have destroyed relationships, started wars and fostered discrimination. Think before you speak (or before you write and press send!) is a good adage to live by.
Instant communication technology is here to stay but it doesn’t have to become your master. Take control before you communicate your message so that things won’t spin out of control later.
Weston Lawyers: Hate Crimes Are On The Rise
It’s the time of year when people are supposed to be joyful and happy. It is a time when many of the world’s major religions celebrate their most significant of holidays. It also seems to be a time in which hate crimes are more prevalent. Take for example the recent story about a Rabbi in Palm Beach County whose automobile was egged. The Rabbi’s car had a two foot menorah atop of it. The eggs dried overnight and cost $1200 damage to the paint. The police department classified this as a hate crime because that menorah was the only one in the area. While we at Freedland Russo certainly don’t like the fact that this Rabbi’s car was damaged, other victims of past hate crimes have fared far worse.
Many hate crimes result in the victim experiencing permanent disability or even death. Most would think that with renewed emphasis on tolerance and political correctness that the trend toward discrimination would be on the decline. That doesn’t appear to be the case. In fact statistics as recent as 2007 by the FBI report the following:
• Approximately 51 percent of the reported hate crimes were race-based, with 18.4 percent on the basis of religion, 16.6 percent on the basis of sexual orientation, and 13.2 percent on the basis of ethnicity.
• Approximately 69 percent of the reported race-based crimes were directed against blacks, 19 percent of the crimes were directed against whites, and 4.9 percent of the crimes were directed against Asians or Pacific Islanders. The number of hate crimes directed against individuals on the basis of their national origin/ethnicity increased to 1,007 in 2007 from 984 in 2006.
• For the fourth year in a row, the number of reported crimes directed against Hispanics increased — from 576 in 2006 to 595 in 2007.
• Religion-based crimes decreased, from 1,462 in 2006 to 1,400 in 2007, but the number of reported anti-Jewish crimes increased slightly, from 967 in 2006 to 969 in 2007 — 12.7 percent of all hate crimes reported in 2007 — and 69 percent of the reported hate crimes based on religion. (Source: http://www.civilrights.org/publications/hatecrimes/nature-and-magnitude.html)
Those numbers are staggering and that is only a partial list. Why is there so much hatred because of our differences? If we could really answer that, we would be traveling the country lecturing others on the magic formula for eliminating discrimination! While there isn’t a panacea, there are some things that may help.
There’s no doubt that discrimination is taught. It assumes things that aren’t true and creates stereotypes that are both unreal and unfair. From our perspective, there are two major steps that we can take to help curb discrimination in this country.
First, we must hold those who perpetrate hate crimes against another responsible for their actions. There needs to be serious consequences for violating the civil rights of another, civil rights that are guaranteed under the Constitution of the United States.
Second, it takes education. And that education must begin at home. We must do all that we can to teach our children that our differences are what makes us a great country. And those differences do not divide us but rather unite us. Together we can all be what we could never be separately.
It is our hope that during this time of year all of us would do our best to promote peace and harmony. That is a key responsibility that comes with the freedom that we all enjoy.
Many hate crimes result in the victim experiencing permanent disability or even death. Most would think that with renewed emphasis on tolerance and political correctness that the trend toward discrimination would be on the decline. That doesn’t appear to be the case. In fact statistics as recent as 2007 by the FBI report the following:
• Approximately 51 percent of the reported hate crimes were race-based, with 18.4 percent on the basis of religion, 16.6 percent on the basis of sexual orientation, and 13.2 percent on the basis of ethnicity.
• Approximately 69 percent of the reported race-based crimes were directed against blacks, 19 percent of the crimes were directed against whites, and 4.9 percent of the crimes were directed against Asians or Pacific Islanders. The number of hate crimes directed against individuals on the basis of their national origin/ethnicity increased to 1,007 in 2007 from 984 in 2006.
• For the fourth year in a row, the number of reported crimes directed against Hispanics increased — from 576 in 2006 to 595 in 2007.
• Religion-based crimes decreased, from 1,462 in 2006 to 1,400 in 2007, but the number of reported anti-Jewish crimes increased slightly, from 967 in 2006 to 969 in 2007 — 12.7 percent of all hate crimes reported in 2007 — and 69 percent of the reported hate crimes based on religion. (Source: http://www.civilrights.org/publications/hatecrimes/nature-and-magnitude.html)
Those numbers are staggering and that is only a partial list. Why is there so much hatred because of our differences? If we could really answer that, we would be traveling the country lecturing others on the magic formula for eliminating discrimination! While there isn’t a panacea, there are some things that may help.
There’s no doubt that discrimination is taught. It assumes things that aren’t true and creates stereotypes that are both unreal and unfair. From our perspective, there are two major steps that we can take to help curb discrimination in this country.
First, we must hold those who perpetrate hate crimes against another responsible for their actions. There needs to be serious consequences for violating the civil rights of another, civil rights that are guaranteed under the Constitution of the United States.
Second, it takes education. And that education must begin at home. We must do all that we can to teach our children that our differences are what makes us a great country. And those differences do not divide us but rather unite us. Together we can all be what we could never be separately.
It is our hope that during this time of year all of us would do our best to promote peace and harmony. That is a key responsibility that comes with the freedom that we all enjoy.
Freedland Russo: Sunday Scooter Ride Ends In Tragedy
It was Sunday afternoon. The air was crisp and cool with few clouds in the sky. Sunday’s are usually family days, play days before the kids go back to school and parents return to the daily grind of work and responsibility. On this day, ten-year-old Darnessa Brown and her sister Darneisha were riding on an electric scooter just before 1:00 PM. Like most kids, they weren’t wearing their helmets. At some point the ride was brought to a tragic end when Leticia Flores, a mother of four herself, struck the girls. Sadly, Darnessa lost her life and her sister Darneisha remains in intensive care.
That is not the end of the story. According to bystanders, after Letica Flores hit the girls with her car, she stopped, got out of her car and verbally scolded the children for riding on the street. She then got back into her car and drove to a local convenience store to shop! Thankfully, police caught up with her there. She was arrested and charged with driving without a license, causing death and leaving the scene of an accident at which a death has occurred. Does this story bother you as bad as it bothers us?
The driver’s attitude seems to be that of a lot of people in our society today. When they do something wrong, it’s not their fault! It is staggering that the driver struck the girls, got out and scolded them and then got back into her car and went on her way! Clueless and callous would probably be two words that would most describe her attitude. Meanwhile, a family is left to pick up the pieces of their lives that have been shattered by the careless acts of another.
As Attorney’s we have to deal with a lot of people who have encountered various tragedies. Most have been at the hands of a person who acted irresponsibly. When we look into their faces and see the hurt, we can’t help but be moved with compassion.
We’re thankful for those clients, who in the midst of the most difficult of circumstances have reached out and solicited our help. We are honored that they have done so and it is not a matter that we take lightly! We will continue to fight for the rights of those who can’t. Maybe in some small way, we can make a difference.
That is not the end of the story. According to bystanders, after Letica Flores hit the girls with her car, she stopped, got out of her car and verbally scolded the children for riding on the street. She then got back into her car and drove to a local convenience store to shop! Thankfully, police caught up with her there. She was arrested and charged with driving without a license, causing death and leaving the scene of an accident at which a death has occurred. Does this story bother you as bad as it bothers us?
The driver’s attitude seems to be that of a lot of people in our society today. When they do something wrong, it’s not their fault! It is staggering that the driver struck the girls, got out and scolded them and then got back into her car and went on her way! Clueless and callous would probably be two words that would most describe her attitude. Meanwhile, a family is left to pick up the pieces of their lives that have been shattered by the careless acts of another.
As Attorney’s we have to deal with a lot of people who have encountered various tragedies. Most have been at the hands of a person who acted irresponsibly. When we look into their faces and see the hurt, we can’t help but be moved with compassion.
We’re thankful for those clients, who in the midst of the most difficult of circumstances have reached out and solicited our help. We are honored that they have done so and it is not a matter that we take lightly! We will continue to fight for the rights of those who can’t. Maybe in some small way, we can make a difference.
The Case For Medical Malpractice
The mere mention of the two words “Medical Malpractice” will elicit reactions that range from ridiculing to ridiculous. Everyone seems to have a story or know someone that has a story about this controversial practice area.
It’s no surprise that we at Weston Lawyers believe that there is a place in our legal system for legitimate malpractice litigation. Has this area of law been abused at times? For sure, but that hardly means that it is unnecessary! There are people in every industry that will manipulate and twist the system for their own good. But that doesn’t discourage people from continuing to purchase houses, automobiles or electronics, does it? To us, the case for medical malpractice a strong one! Often, it is the only remedy the victim has when they have been injured due to the careless acts of a medical provider.
Here's what to do if you think you may have a medical malpractice claim. First, clearly distinguish between medical error and medical malpractice. There is a difference. Medical errors occur routinely, but that does not necessarily equate to medical malpractice.
Second, seek advice cautiously. Really. Medical malpractice is one of the most misunderstood and maligned areas of legal practice in existence other than personal injury law. We spend as much time educating our potential clients as we do litigating their cases. Overhyped media reports and armchair legal advisers gleefully hand out medical malpractice advice with no real knowledge and/or limited knowledge of what it really is.
Third, document everything that happens. Keep impeccable records of doctor’s visits with times and dates, as well as any phone conversations or e-mails with those in question or their related staff. Record all medications that you are prescribed and any “promises” you are made as a result of treatments, or any type of procedures. It's well been said that "a short pencil is better than a long memory."
Finally, don't give up. Medical malpractice suits can take a lot of time to litigate and even longer to settle. A person with a medical malpractice claim must keep the proper perspective. You may be in it for the long haul.
We believe that one of the best ways to curb this “human error” factor in the medical community is to hold them accountable for their actions. There is no better way to accomplish this than through the laws established for that purpose.
It’s no surprise that we at Weston Lawyers believe that there is a place in our legal system for legitimate malpractice litigation. Has this area of law been abused at times? For sure, but that hardly means that it is unnecessary! There are people in every industry that will manipulate and twist the system for their own good. But that doesn’t discourage people from continuing to purchase houses, automobiles or electronics, does it? To us, the case for medical malpractice a strong one! Often, it is the only remedy the victim has when they have been injured due to the careless acts of a medical provider.
Here's what to do if you think you may have a medical malpractice claim. First, clearly distinguish between medical error and medical malpractice. There is a difference. Medical errors occur routinely, but that does not necessarily equate to medical malpractice.
Second, seek advice cautiously. Really. Medical malpractice is one of the most misunderstood and maligned areas of legal practice in existence other than personal injury law. We spend as much time educating our potential clients as we do litigating their cases. Overhyped media reports and armchair legal advisers gleefully hand out medical malpractice advice with no real knowledge and/or limited knowledge of what it really is.
Third, document everything that happens. Keep impeccable records of doctor’s visits with times and dates, as well as any phone conversations or e-mails with those in question or their related staff. Record all medications that you are prescribed and any “promises” you are made as a result of treatments, or any type of procedures. It's well been said that "a short pencil is better than a long memory."
Finally, don't give up. Medical malpractice suits can take a lot of time to litigate and even longer to settle. A person with a medical malpractice claim must keep the proper perspective. You may be in it for the long haul.
We believe that one of the best ways to curb this “human error” factor in the medical community is to hold them accountable for their actions. There is no better way to accomplish this than through the laws established for that purpose.
Some Thoughts On Thanksgiving
It's been said that, "Life is what happens when you are making other plans." Sometimes it’s easy to get so busy that we forget the blessings that we have been given.
This Thanksgiving holiday, we at Weston Lawyers want to pause and reflect on some important things for which we are thankful.
First, we are grateful for our families and for the health that they, and we enjoy. It's easy to take that granted in the frenetic pace of life. Second, we are thankful for our clients. Over the years we have met some incredible people who have allowed us into their lives and given us the opportunity to make a difference to them. We hope that in some small way we have made their lives a little easier and a little happier. Finally, we appreciate all of you who read our postings and follow us on Twitter or Facebook. Thank you for the gift of your time.
Together, all of us can make this world a better place. May you and yours have a happy Thanksgiving!
This Thanksgiving holiday, we at Weston Lawyers want to pause and reflect on some important things for which we are thankful.
First, we are grateful for our families and for the health that they, and we enjoy. It's easy to take that granted in the frenetic pace of life. Second, we are thankful for our clients. Over the years we have met some incredible people who have allowed us into their lives and given us the opportunity to make a difference to them. We hope that in some small way we have made their lives a little easier and a little happier. Finally, we appreciate all of you who read our postings and follow us on Twitter or Facebook. Thank you for the gift of your time.
Together, all of us can make this world a better place. May you and yours have a happy Thanksgiving!
The Whistle Blower Nurse And The Endangered Infants
There is no doubt that one of the most interesting cases to us is that of a whistleblower. It seems that another courageous whistleblower has stepped forward at the Children's Hospital of Southwest Florida when she observed wrongdoing that could cause potential harm to infants being treated in the neonatal unit.
Kristin Laney, a 22 year hospital employee discovered that tracheal intubation tubes being used in the neonatal unit were mislabeled. Once placed into the airway of an infant, this made the tube appear to be inserted deeper than it really was. This was due to the fact the intubation tubes in question were really not designed for use with infants! Most supervisors would thank an employee who brought such wrongdoing to their attention, right? That was not the case at the Children's Hospital. Rather than commend Ms. Laney for her quick thinking and keen observation, several of those in management positions began to build a case against her for insubordination and for not following proper procedures. Her employment was subsequently terminated on April 17th this year.
Her Attorneys filed a suit in the US District Court on October 14. While management is defending their practices saying that "…she participated in the health system's internal appeal process and had the full opportunity to present information she thought relevant as part of that process...", it's clear to us that Nurse Laney was targeted for blowing the whistle.
To us, whistleblowers are among the most courageous workers in corporate America. Often unsafe and unethical practices go unchecked because people choose to remain silent when they shouldn’t. They fear losing their job, losing their income and losing their credibility. But thankfully there are still people like Kristin Laney in the world.
According to the complaint which has been filed the lawsuit seeks for Laney and others who've been terminated without the necessary due process to be reinstated, either permanently or pending the completion of the termination process which is in accordance with due process requirements. Specifically she is seeking a reversal of her termination, lost wages and any other compensatory damages.
It is our hope that this courageous nurse will be victorious. If she is the winner, she will not be the only one. The safety of those infants who will be cared for in the future will also be secured.
Kristin Laney, a 22 year hospital employee discovered that tracheal intubation tubes being used in the neonatal unit were mislabeled. Once placed into the airway of an infant, this made the tube appear to be inserted deeper than it really was. This was due to the fact the intubation tubes in question were really not designed for use with infants! Most supervisors would thank an employee who brought such wrongdoing to their attention, right? That was not the case at the Children's Hospital. Rather than commend Ms. Laney for her quick thinking and keen observation, several of those in management positions began to build a case against her for insubordination and for not following proper procedures. Her employment was subsequently terminated on April 17th this year.
Her Attorneys filed a suit in the US District Court on October 14. While management is defending their practices saying that "…she participated in the health system's internal appeal process and had the full opportunity to present information she thought relevant as part of that process...", it's clear to us that Nurse Laney was targeted for blowing the whistle.
To us, whistleblowers are among the most courageous workers in corporate America. Often unsafe and unethical practices go unchecked because people choose to remain silent when they shouldn’t. They fear losing their job, losing their income and losing their credibility. But thankfully there are still people like Kristin Laney in the world.
According to the complaint which has been filed the lawsuit seeks for Laney and others who've been terminated without the necessary due process to be reinstated, either permanently or pending the completion of the termination process which is in accordance with due process requirements. Specifically she is seeking a reversal of her termination, lost wages and any other compensatory damages.
It is our hope that this courageous nurse will be victorious. If she is the winner, she will not be the only one. The safety of those infants who will be cared for in the future will also be secured.
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