Wrongful death lawsuit filed by family of Florida nursing home resident who died after Hurricane Irma

The family of Miguel Antonio Franco has filed a wrongful death lawsuit against the south Florida nursing home where he and 10 other elderly residents died after Hurricane Irma. The hurricane struck on September 10 leaving the facility without air conditioning for days.

The lawsuit claims that The Rehabilitation Center at Hollywood Hills failed to provide proper air conditioning, causing residents to endure high temperatures after electrical power was lost. The complaint also alleges that the facility failed to call for emergency assistance. The family claims that Miguel Franco’s wife, Cecilia Franco, also did not receive proper care. She was hospitalized in serious condition, but survived, the family said. Miguel Franco was 93 and Cecilia Franco is 90.

Facility officials say they took steps to provide cooling devices and maintained constant contact with local and state authorities.

The family of Miguel Franco said that his death was preventable, and the facility should have called 911. The Hollywood Police Department is conducting a criminal investigation, and other probes are underway by federal and state agencies.

The lawsuit states that the nursing home lost power after the hurricane hit on September 10, and the facility did not have backup generators to keep the building cool. According to the complaint, nursing home staff failed to evacuate patients to the hospital across the street, but instead wheeled several residents into the hallway, undressing some of them. At 1:30 a.m. on September 13, a 911 call was placed after a resident went into cardiac distress, and over the next few hours, two other calls were made to 911. The office of Gov. Rick Scott said the calls came too late. State and city officials say they advised the facility to call 911 if the safety or health of the residents was at risk.

Attorney for Aaron Hernandez’s daughter files lawsuit against NFL over severe brain injury

Aaron Hernandez’s daughter has filed a lawsuit against the NFL and the New England Patriots, after the former football player was diagnosed postmortem with State III chronic traumatic encephalopathy, or CTE.

Hernandez was a standout University of Florida football player before playing for the Patriots. He was arrested in 2013 for the murder of Odin Lloyd, found guilty in 2015, and sentenced to life in prison. He committed suicide in prison in April.

Jose Baez, the attorney for Hernandez’s daughter, said that researchers found Hernandez’s CTE to be “the most severe case they had ever seen in someone of Aaron’s age.” Hernandez had a level of CTE normally found in players with a median age of death of 67 years. Baez released images of Hernandez’s brain showing extensive deposits of the tau protein, a strong indicator of CTE. More than 100 deceased NFL players have been diagnosed with CTE, which can only be diagnosed after death. Hernandez is one of several players who were diagnosed with CTE after committing suicide.

The lawsuit claims the team and the league misrepresented and concealed the risk to NFL players of repeated traumatic head impacts and needlessly delayed the adoption of policies and rules to protect players’ safety with regard to concussions and subconcussive head trauma. The lawsuit seeks $20 million and alleges that the defendants deprived Hernandez’s daughter of the companionship, affection, love and society of her father while he was alive.

In 2013, the NFL reached an estimated $1 billion settlement over brain injuries among thousands of retired players, agreeing to pay compensation to victims, underwrite research and fund medical exams.