Miami Medical Defects Attorney

Banner Supply Co to Pay Approximately $55 Million to Florida Homeowners with ...

It was announced today that a preliminary settlement has been reached between the family-owned Florida-based drywall suppliers, Banner Supply Company, Banner Supply Company Ft. Myers, LLC, Banner Supply Company Pompano, LLC, Banner Supply Company Tampa, LLC, Banner Supply Company Port St. Lucie, LLC, and Banner Supply International, LLC, (collectively “Banner”), their insurers, and a proposed class of homeowners whose homes were damaged by tainted Chinese drywall.

Under the terms of the proposed settlement, which still must receive approval from U.S. District Court Judge Eldon E. Fallon before it can be considered final, Banner’s four insurers, Chartis, FCCI Insurance Company, Hanover American Insurance Company and Maryland Casualty Company, will pay approximately $55 million to affected homeowners in Florida.

In June of 2010, a Miami couple was awarded $2.5 million in damages in the nation's first Chinese drywall jury trial against Banner. Jurors found Banner Supply Company liable for knowingly selling the defective drywall used in Armin and Lisa Seifart’s $1.6 million home.

The Seifart’s attorney, Ervin A. Gonzalez of Colson Hicks Eidson, argued that Banner Supply Company had knowledge, as early as 2006, that their Chinese drywall was defective and that it sold the defective drywall to the Seifarts after entering into a confidential agreement with manufacturer Knauf Plasterboard Tianjian to not disclose the defect to others. “The Seifart case was instrumental in helping us reach this settlement for the entire Florida class,” said Ervin A. Gonzalez, who is also a member of the Plaintiff’s Steering Committee and helped negotiate the $55 million settlement. “It showed that Banner’s involvement in the sale and distribution of tainted drywall adversely affected not only the Seifart’s home, but thousands of homes throughout Florida.”

It is estimated that between 60,000 – 100,000 homes were built using defective Chinese drywall from a number of suppliers between 2004 and 2008 throughout the country. The defective drywall has been associated with unpleasant and potentially harmful odors and fumes that corrode metals, including air conditioning units, fixtures and other appliances. Many homeowners have had to leave their homes. “This settlement is a first step in bringing some relief to Florida homeowners who have had to deal with so much as a result of this defective product,” said Gonzalez. “But it’s far from over. We are working diligently to secure complete relief for all homeowners from other responsible parties, including Knauf, the manufacturer of the drywall.

Miami Medical Malpractice Attorney Details Birth-Related Medical ...

When a doctor, nurse, hospital or other medical staff or facility fails to exercise reasonable care which causes a wrongful pregnancy, wrongful birth or injury to a mother or child, these actions can be grounds for a medical malpractice claim.

Wrongful Pregnancy – if a couple is trying to avoid a pregnancy through sterilization or abortion and those methods fail due to the negligence of a doctor or medical staff, the parents may sue for wrongful pregnancy.  Even if the child is born healthy – or if a sterilization failed and a pregnant woman elects to have an abortion that she would not otherwise have had to have – the parents can sue for harm caused by the unwanted abortion or pregnancy and birth.

Wrongful Birth – if a doctor or medical staff failed to warn parents about a birth defect that, had they known, would have made the decision to end the pregnancy, they may have grounds for a wrongful birth suit.  Wrongful birth suits are usually brought when there has been negligence in detecting a birth defect or if genetic testing was done improperly.

Injury to Mother and/or Child – if an infant is injured during delivery, the parents can bring suit to recover damages for suffering as well as loss of enjoyment of life.  The parents may be able to recover for expenses associated with caring for the child for life if the injury is that severe.  If an injury happens to a mother during delivery that was caused by negligence, she may be able to sue for both general and special damages.

Medical malpractice claims require the right lawyer with the right experience and training. Claims involving the negligence of doctors, hospitals, or other health care providers make up a significant portion of our practice at Wolpe Leibowitz Alvarez & Fernandez.  If you need to learn more about Florida medical malpractice , contact our Miami medical malpractice law firm at 305-372-0060.

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