One of the better trial judges I have appeared in front of started as a math teacher. This lawyer did that in reverse. When I entered the classroom each new school year, I became responsible for teaching a group of strangers who may not have wanted to be there, about a subject that they may […]
Defense lawyers who convince a judge to keep out evidence of prior similar accidents don’t get to argue to the jury that there is no evidence of similar accidents. “The misconduct of Appellant’s counsel has resulted in unnecessary expense to his client and to Appellee, a waste of judicial resources, and inconvenience to the jurors […]
I was trying a Georgia med-mal case involving an infant with injuries caused by hydrocephaly when a juror brought a medical textbook into the jury room on the first day of trial. The Court discharged that juror the day it happened. This Tennessee case is like that except nobody noticed until it was too late. […]
Law students who would traditionally experience only a few courtroom scenarios over a semester have begun working with programs that can provide an entire array of courtroom curveballs, thanks to large language model artificial intelligence technology. Read more at: https://www.law360.com/personal-injury-medical-malpractice/articles/1804884?nl_pk=029cff45-637f-44e3-babf-75563f8e0bfd&utm_source=newsletter&utm_medium=email&utm_campaign=personal-injury-medical-malpractice&utm_content=2024-02-21&read_main=1&nlsidx=0&nlaidx=1?copied=1 Based on real-life experiences, I have suggestions for “curveball” fact patterns to throw at these […]
A follow-up on the Maya trial and verdict. A Florida state court judge denied Johns Hopkins All Children’s Hospital’s bid for a new trial in the case of Maya Kowalski, the person at the center of the Netflix documentary “Take Care of Maya,” after finding no misconduct from the jury foreperson following an interview Wednesday. […]
I have had State Farm adjusters sitting in the venire eager to get on an auto accident jury. In one case, I remember a State Farm adjuster on the venire panel. I used internal State Farm documents with the Judge showing that the insurance carrier encouraged their employees – when called for jury duty – […]
In every investigation involving medical malpractice issues, in addition to the medical research and deep dive into the medical records, I endeavor to find out everything I can about the background of the health care providers involved at every level in my client’s care and treatment. For this very reason: Lee’s family successfully argued that […]
A Florida jury tacked on $50 million in punitive damages to a roughly $211 million award to the family of Maya Kowalski, the child at the center of the Netflix documentary “Take Care of Maya,” against Johns Hopkins All Children’s Hospital for mistreating Maya to the point that her mother took her own life. Read […]
When I was a young lawyer, jurors were not routinely allowed to ask their own questions of witnesses. When the jury instructions and other trial rules were modified to make this a regular feature of trials, most of us came to believe that juror questions were an important and useful change to the way trials […]
I successfully litigated a product liability case involving a Depuy knee implant and the surgeon who placed it. This recent verdict involves a different type of defect and a slightly different model. But the lesson remains true as always: medical malpractice cases are difficult, especially when mixed with product liability issues. Choose your lawyer carefully. […]
