Personal Injury Trial Lawyer Archives - The Thompson Law Firm https://thethompsonlawfirm.net/category/personal-injury-trial-lawyer/ Fort Myers Florida Trial Attorney Tue, 20 Feb 2024 14:31:46 +0000 en-US hourly 1 Jury Awards $30M To Family Of 23-Year-Old Who Died From Ulcer https://thethompsonlawfirm.net/jury-awards-30m-to-family-of-23-year-old-who-died-from-ulcer/ Tue, 20 Feb 2024 14:31:46 +0000 https://thethompsonlawfirm.net/?p=23692 You don’t often hear about the frivolous and stubborn defenses that anger juries. David Dickey, who represents Hannah Waite’s parents, told Law360 on Friday that he proposed settlements of $250,000 to each doctor, but the defense refused and made no offers of their own. Read more at: https://www.law360.com/personal-injury-medical-malpractice/articles/1803831?nl_pk=029cff45-637f-44e3-babf-75563f8e0bfd&utm_source=newsletter&utm_medium=email&utm_campaign=personal-injury-medical-malpractice&utm_content=2024-02-20&read_main=1&nlsidx=0&nlaidx=0?copied=1

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]]> You don’t often hear about the frivolous and stubborn defenses that anger juries.

David Dickey, who represents Hannah Waite’s parents, told Law360 on Friday that he proposed settlements of $250,000 to each doctor, but the defense refused and made no offers of their own.

Read more at: https://www.law360.com/personal-injury-medical-malpractice/articles/1803831?nl_pk=029cff45-637f-44e3-babf-75563f8e0bfd&utm_source=newsletter&utm_medium=email&utm_campaign=personal-injury-medical-malpractice&utm_content=2024-02-20&read_main=1&nlsidx=0&nlaidx=0?copied=1

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]]> Talk about an understatement … https://thethompsonlawfirm.net/talk-about-an-understatement/ Mon, 19 Feb 2024 15:47:04 +0000 https://thethompsonlawfirm.net/?p=23685 I could – and do – tell a lot of stories about this. Over thirty years of working for and against large health care and insurance institutions – and expert witnesses responsible for the education of young doctors in training – makes me appreciate (immensely) professional efforts like this. Health law plays a crucial role […]

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]]> I could – and do – tell a lot of stories about this. Over thirty years of working for and against large health care and insurance institutions – and expert witnesses responsible for the education of young doctors in training – makes me appreciate (immensely) professional efforts like this.

Health law plays a crucial role in the field of medicine, as it dictates appropriate practices, regulations, and rights and responsibilities for healthcare professionals and patients. Despite this undeniable relationship, there is a lack of focus on health law, and an outdated hidden curriculum in medical education has perpetuated long-standing negative perceptions of the legal system.

The link to the peer reviewed article is found just below:

Medical Law and Medical School Curricula: A Systematic Review

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]]> Cole Scott Faces DQ Bid In Fla. Crash Suit Over Atty https://thethompsonlawfirm.net/cole-scott-faces-dq-bid-in-fla-crash-suit-over-atty/ Fri, 16 Feb 2024 14:53:08 +0000 https://thethompsonlawfirm.net/?p=23675 I’m not sure how having a personal relationship with co-counsel merits disqualification, but I know how an insurance defense lawyer using your attorney client communications from a previous case in which he represented you causes a serious problem. Sarah Stratemeyer’s motion to disqualify Cole Scott from the case alleges that the firm has a conflict […]

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]]> I’m not sure how having a personal relationship with co-counsel merits disqualification, but I know how an insurance defense lawyer using your attorney client communications from a previous case in which he represented you causes a serious problem.

Sarah Stratemeyer’s motion to disqualify Cole Scott from the case alleges that the firm has a conflict because attorney John Chiocca represented Stratemeyer at the outset of a lawsuit related to a 2015 accident that has become a “focal point” for the defense in her current suit involving a crash in 2019 that she alleges left her suffering from a brain injury.

Read more at: https://www.law360.com/personal-injury-medical-malpractice/articles/1803531?nl_pk=029cff45-637f-44e3-babf-75563f8e0bfd&utm_source=newsletter&utm_medium=email&utm_campaign=personal-injury-medical-malpractice&utm_content=2024-02-16&read_main=1&nlsidx=0&nlaidx=2?copied=1

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]]> Tesla Recall https://thethompsonlawfirm.net/teslas/ Mon, 18 Dec 2023 15:03:53 +0000 https://thethompsonlawfirm.net/?p=23554 When clients call after an accident involving a Tesla vehicle, complicated software and product liability concerns are a part of the investigation. Here’s a link to the 2023 recall information. AP: Tesla 2023 Recall “This technology is not safe, we have to get it off the road,” said Angulo, who is suing Tesla as he […]

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]]> When clients call after an accident involving a Tesla vehicle, complicated software and product liability concerns are a part of the investigation. Here’s a link to the 2023 recall information.

AP: Tesla 2023 Recall

“This technology is not safe, we have to get it off the road,” said Angulo, who is suing Tesla as he recovers from injuries that included brain trauma and broken bones. “The government has to do something about it. We can’t be experimenting like this.”

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]]> A Good Read For Lawyers Who Represent Trauma Victims https://thethompsonlawfirm.net/a-good-read-for-lawyers-who-represent-trauma-victims/ Mon, 04 Dec 2023 13:41:57 +0000 https://thethompsonlawfirm.net/?p=23528 During a panel on trauma-informed lawyering during the Federal Bar Association’s annual conference in September, Schwikert Moser and other participants stressed the need for lawyers in sexual abuse cases to invest time to communicate with their clients, to listen to them and to give them the space needed to process their experiences. Read more at: […]

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During a panel on trauma-informed lawyering during the Federal Bar Association’s annual conference in September, Schwikert Moser and other participants stressed the need for lawyers in sexual abuse cases to invest time to communicate with their clients, to listen to them and to give them the space needed to process their experiences.

Read more at: https://www.law360.com/access-to-justice/articles/1772006/how-trauma-informed-lawyering-can-help-clients-heal?copied=1

“A trauma-informed perspective asks clients not, ‘What is wrong with you?’ but instead, ‘What happened to you?'”

Read more at: https://www.law360.com/access-to-justice/articles/1772006/how-trauma-informed-lawyering-can-help-clients-heal?copied=1

 

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]]> A major victory for Maya’s family, their lawyers, and patients everywhere. I cannot overstate how impressive this work is under difficult circumstances. https://thethompsonlawfirm.net/a-major-victory-for-mayas-family-their-lawyers-and-patients-everywhere-i-cannot-overstate-how-impressive-this-work-is-under-difficult-circumstances/ Mon, 13 Nov 2023 15:10:30 +0000 https://thethompsonlawfirm.net/?p=23470 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 […]

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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 more at: https://www.law360.com/personal-injury-medical-malpractice/articles/1739675?nl_pk=029cff45-637f-44e3-babf-75563f8e0bfd&utm_source=newsletter&utm_medium=email&utm_campaign=personal-injury-medical-malpractice&utm_content=2023-11-13&read_main=1&nlsidx=0&nlaidx=0?copied=1

I have been following this case and blogged about it

here (“A Difficult Case”), 

here  (“I Was Afraid This Would Happen”), and    

here (Juror Questions).

Medical malpractice cases are difficult on their own. When you add novel issues regarding damages and liability, they can become overwhelming. In addition, this case was tried in a jurisdiction considered by most trial lawyer to be relatively conservative.

I tackled similar issues in a neighboring county. You can read the results of that successful appeal

here (Estate of Thomas versus Lee Memorial Health System).

I have nothing but complete admiration for Maya’s family and their legal team for this brilliant result and wish the best for them during the inevitable appeal.

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]]> 11th Circ. Affirms $12M Award Over Deadly Fla. Keys Crash https://thethompsonlawfirm.net/11th-circ-affirms-12m-award-over-deadly-fla-keys-crash/ Thu, 26 Oct 2023 14:24:06 +0000 https://thethompsonlawfirm.net/?p=23387 In Florida, there is a presumption that the driver of a vehicle that rear-ends another is at fault. That presumption may be overcome by evidence of a sudden stop, sudden entry into traffic or cutting off traffic. Given that, you might rightly wonder why the carrier of the sand truck in this recent case in […]

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]]> In Florida, there is a presumption that the driver of a vehicle that rear-ends another is at fault. That presumption may be overcome by evidence of a sudden stop, sudden entry into traffic or cutting off traffic. Given that, you might rightly wonder why the carrier of the sand truck in this recent case in the news would waste everyone’s time and money delaying a resolution of this case and taking it up on appeal. There is a simple answer: as long as they have the money, they still have it. Maybe they’ll pay now. Or maybe not.

“Thus, not only was the jury-instruction error harmless because the estates were entitled to a directed verdict, but Discount Rock actually benefitted from that error by getting an unearned second bite at the negligence-issue apple,” the Eleventh Circuit said.

Read more at: https://www.law360.com/personal-injury-medical-malpractice/articles/1736856?nl_pk=029cff45-637f-44e3-babf-75563f8e0bfd&utm_source=newsletter&utm_medium=email&utm_campaign=personal-injury-medical-malpractice&utm_content=2023-10-26&read_main=1&nlsidx=0&nlaidx=2?copied=1

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]]> When A Settlement Isn’t Final? https://thethompsonlawfirm.net/23333-2/ Tue, 10 Oct 2023 13:49:42 +0000 https://thethompsonlawfirm.net/?p=23333 Holding the carrier liable post-settlement for continuing care and expenses under Medicare rules is an uncommon and aggressive approach. In most cases, settlements result in a release that relieves the paying party from any ongoing financial responsibility. This argument – to hold the carrier for that at-fault responsible for expenses going forward –  bears watching, […]

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]]> Holding the carrier liable post-settlement for continuing care and expenses under Medicare rules is an uncommon and aggressive approach. In most cases, settlements result in a release that relieves the paying party from any ongoing financial responsibility. This argument – to hold the carrier for that at-fault responsible for expenses going forward –  bears watching,

A Florida couple told an Eleventh Circuit panel on Friday that a $200,000 settlement over catastrophic injuries the husband sustained after slipping on ice doesn’t absolve State Farm from paying insurance benefits, saying that the Medicare Secondary Payer Act obligates the insurer to pay for ongoing medical care.

Read more at: https://www.law360.com/personal-injury-medical-malpractice/articles/1725578?nl_pk=029cff45-637f-44e3-babf-75563f8e0bfd&utm_source=newsletter&utm_medium=email&utm_campaign=personal-injury-medical-malpractice&utm_content=2023-10-10&read_main=1&nlsidx=0&nlaidx=7?copied=1

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]]> He’s Not Wrong https://thethompsonlawfirm.net/hes-not-wrong/ Tue, 12 Sep 2023 13:51:05 +0000 https://thethompsonlawfirm.net/?p=23173 I have handled data breach cases in both class and individual fashion and my experience bears out his thinking. My clients in State court with the threat of individual claims did better than clients bundled into a Federal MDL. That’s not to say Mr. Hindi won’t get ‘big-footed’ bu the Big Law MDL community or […]

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]]> I have handled data breach cases in both class and individual fashion and my experience bears out his thinking. My clients in State court with the threat of individual claims did better than clients bundled into a Federal MDL. That’s not to say Mr. Hindi won’t get ‘big-footed’ bu the Big Law MDL community or that his clients will each get the max, however, give credit where it’s do for someone trying to do his best for his clients.

Jibrael S. Hindi, representing the three Florida plaintiffs, told Law360 that he is representing victims of the data breach who went to the HCA facilities in Miami-Dade, Broward and Palm Beach counties. Hindi estimated there are at least 100 people, including children, in those three counties whose data was breached. He is avoiding a class action and plans on filing individual cases in state court, where he believes his clients will receive more justice.

Read more at: https://www.law360.com/personal-injury-medical-malpractice/articles/1720304?nl_pk=029cff45-637f-44e3-babf-75563f8e0bfd&utm_source=newsletter&utm_medium=email&utm_campaign=personal-injury-medical-malpractice&utm_content=2023-09-12&read_main=1&nlsidx=0&nlaidx=18?copied=1

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]]> Fla. Jury Hits Doc With $20M Verdict Over Dilaudid Death https://thethompsonlawfirm.net/fla-jury-hits-doc-with-20m-verdict-over-dilaudid-death/ Fri, 08 Sep 2023 13:48:26 +0000 https://thethompsonlawfirm.net/?p=23162 A recent and large Palm Beach County med mal verdict brings to mind the case of Bethany Morris in our office – a little girl scheduled for office surgery to remove a port wine stain from her face. A “dental block” was applied as an anesthetic but the surgeon had no oxygen to help deal […]

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A recent and large Palm Beach County med mal verdict brings to mind the case of Bethany Morris in our office – a little girl scheduled for office surgery to remove a port wine stain from her face. A “dental block” was applied as an anesthetic but the surgeon had no oxygen to help deal with the subsequent complications. She died as a result. The trial lawyer in Palm Beach summed it up well.

“This is a scenario where a physician did not appropriately screen or monitor a patient while simultaneously prescribing massive amounts of narcotics …”

Read more at: https://www.law360.com/personal-injury-medical-malpractice/articles/1719065?nl_pk=029cff45-637f-44e3-babf-75563f8e0bfd&utm_source=newsletter&utm_medium=email&utm_campaign=personal-injury-medical-malpractice&utm_content=2023-09-08&read_main=1&nlsidx=0&nlaidx=1?copied=1

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