Lawyer Misconduct in Closing Can Get A Verdict Overturned

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 […]

Juror Misconduct Warrants New Trial In Birth Injury Suit

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. […]

Jury Awards $30M To Family Of 23-Year-Old Who Died From Ulcer

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

Who’s In Charge?

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 major victory for Maya’s family, their lawyers, and patients everywhere. I cannot overstate how impressive this work is under difficult circumstances.

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 […]

11th Circ. Affirms $12M Award Over Deadly Fla. Keys Crash

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 […]

How Juries Tend To Perceive Corporations

Jury Selection inevitably raises interesting social issues that can affect the outcome of your case. The article linked below reveals a relevant issue when a large corporation is a party. To those involved in corporate litigation, the public’s shifting views toward company loyalty and the employer-employee relationship beg the question: How might experiences and attitudes […]

Juries Can Figure Out Complex Issues.

Proving causation in the face of complicated medical evidence is difficult but juries are often able to work through the issues fairly. A Florida man’s attorneys announced Thursday that a Broward County jury has awarded their client $7.8 million in what they said is one of the largest slip-and-fall verdicts in the state’s history after […]

$8.5M Med Mal Verdict For Death After Routine Knee Surgery

A jury has awarded $8.5 million to the wife and estate of a patient who died after a routine knee-replacement surgery at a private surgical practice based in Glastonbury. In many cases, anesthesia is the culprit in such shocking outcomes but in this case it was the failure to detect and treat a fatal blood […]