A renowned hospital in Baltimore has been ordered to pay $230 million for allegedly causing a severe birth injury, according to plaintiffs. Medical malpractice attorneys understand this case involved failure to abide the standard of care for that profession, allegedly causing severe birth injury.birth injury attorney

The verdict includes:

  • $3.6 million in prior medical expenses;
  • $1 million in lost earnings
  • $25 million in non-economic damages (pain and suffering, loss of consortium, etc.)
  • $200 million in future damages

In Byrom v. Johns Hopkins Bayview stemmed from allegations that doctors and nurses at the hospital gave the child’s 16-year-old mother inaccurate information about the seriousness of the outcome after she was diagnosed with preeclampsia. This, plaintiff attorneys alleged, resulted in the teen mother’s decision to undergo a vaginal delivery – unmonitored – rather than a C-section she should have undergone. Continue reading

Whether we’re talking about a tractor-trailer or merely the junk in your trunk, failure to properly secure loads to your vehicle is a crime in Florida. That means it has to withstand the wind, railroad tracks, a pothole-pocked roadway – all the common things can loosen those items and turn it into road debris if it isn’t properly strapped down.unsafe trucks

Falling or shifting cargo such as ladders, furniture, tools, tarps and building materials can cause serious South Florida crashes resulting in catastrophic injuries and even death.

AAA reported that over a recent four-year stretch, more than 200,000 crashes were caused by unsecured debris on U.S. roads. These resulted in approximately 39,000 injuries and 500 deaths during that time frame.

Of those incidents:

  • 37 percent of all deaths were caused by drivers swerving to avoid the object, typically overcorrecting and causing the driver to lose control.
  • One-third occurred between 10 a.m. and 4 p.m. – when many are hauling/moving heavy items like construction equipment or furniture.
  • Most occurred on Interstate highways, which makes sense given that driving at increased speeds heightens the risk for vehicle parts to become detached.

Continue reading

Florida medical malpractice appeals attorneys recognize that cases aren’t necessarily over just because the trial is. Even with cases that end in pre-trial settlement, that may not always be the last word.West Palm Beach medical malpractice lawyer

Although no one on our end is eager to drag matters on longer than necessary (we are paid on a contingency basis, not by the hour), we recognize the importance of appellate courts in ensuring accuracy in the trial courts. Very few cases ever make it to the Florida Supreme Court or the U.S. Supreme Court. Appeals courts do not hear your medical malpractice case all over again, but rather review the issues raised by one or both parties to be sure all laws and legal procedures were fairly applied by the trial court.

Important to note: If your attorney failed to raise important points of contention first to the trial court, the opportunity to present it on appeal may be lost. That’s why carefully choosing an experienced medical malpractice legal team is important. Continue reading

The U.S. Supreme Court has ruled punitive damages will no longer be allowed in injury lawsuits asserting vessel unseaworthiness and filed under federal maritime law will no longer be allowed pursuit of punitive damages. boating accident

As our South Florida boating accident injury attorneys can explain, this probably won’t apply to most boating accident torts. It will, however, impact claims filed under the Federal Employers’ Liability Act (FELA) as well as the Jones Act, which pertains specifically to federal maritime law, as well as hundreds of pending asbestos-related injury claims.

(While state workers’ compensation laws bar employee lawsuits against employers for injuries sustained in the course and scope of employment, instead directing them to workers’ comp as an exclusive remedy, injuries suffered at sea are handled differently, under a complex web of federal maritime statutes.)

A coalition of freight and logistics firms recently testified before Congress on the urgent need for improved trucking standards and safety, noting that while large trucks our indispensable to our economy – they’re killing us. truck accident attorney

In the last year reported per federal data, there were 415,000 large truck accidents, within which:

  • 4,761 people died
  • More than 600 truck drivers were killed
  • 148,000 were injured.

Further, more truckers were killed in 2017 crashes than in any other year in the past decade.

In recent testimony before the House’s Infrastructure Sub-Committee on Highways and Transit. The trucking Alliance spoke at a hearing titled, “Under Pressure – the State of Trucking in America.” Members of the Trucking Alliance in a prepared statement said the greatest pressure on the trucking industry should be on reducing these truck crashes and the deaths and injuries that result. Continue reading

After years of ping-ponging on the issue of evidence admissibility standards in Florida courts – weighing the long-standing, more relaxed Frye test versus the more rigorous Daubert analysis – it seems the Florida Supreme Court has made a final decision. At least for now… West Palm Beach medical malpractice lawyer

For decades, it was Frye. Then in 2013, Daubert. Except not everyone agreed, and for a while, lower courts and lawyers weren’t exactly sure which applied until 2018 when it was definitely Frye. But now, we’re back to Daubert.

As our South Florida injury lawyers can explain, this is going to have a big impact on both criminal and civil cases. Perhaps most significantly in torts, plaintiffs with highly-technical claims requiring expert witness testimony (medical malpractice, product liability, etc.) are likely going to have a much tougher time overcoming the “trial within a trial” hurdle that Daubert presents.

While criminal and civil defense lawyers will be pleased with this change, prosecutors and personal injury lawyers most likely are not. Continue reading

A product liability mass tort litigation is rapidly snowballing, alleging a government contractor distributed defective earplugs to active duty combat soldiers and those in training, resulting in profound and lasting hearing loss.

Our South Florida product liability attorneys have learned hundreds of veterans from across the U.S. (nearly 650 in all thusfar), are suing 3M Co., asserting they suffered substantial degrees of damage to their functional hearing because the earplugs didn’t provide the protection the company promised.
product liability attorney

The products in question were touted as combat-grade earplugs, but failed to protect their  inner ear organs from permanent damage.

Veterans with pending claims have suffered either partial or total hearing loss, many also with something called tinnitus, which is the perception of constant or near-constant “ringing” or “buzzing” in one’s ears. (Tinnitus isn’t a condition in and of itself, but it’s usually associated with hearing loss. Continue reading

Doctors who have paid out numerous Florida medical malpractice claims continue to practice, despite a state statute approved by voters more than a decade ago intended to strip such physicians of their medical licenses. That’s according to a recent investigation into state insurance records by a South Florida television news team, NBC-5 in West Palm Beach. medical malpractice attorney West Palm Beach

Our own medical malpractice attorneys in West Palm Beach have encountered physicians in medical negligence claims who had previously lost or settled a number of prior lawsuits asserting they failed to abide the applicable standard of care in the course of medicinal practice, resulting in serious harm to patients.

The reporters discovered hundreds of still-practicing physicians who had paid out in excess of $460 million for Florida medical malpractice lawsuits stemming from the deaths of nearly 1,400 patients over the last 10 years.

This in itself is pretty stunning. However, it’s particularly striking in light of a 2004 Florida constitutional amendment approved by voters called the “three strikes rule.” Continue reading

Professional golfer and Florida resident Tiger Woods and his girlfriend, who manages a restaurant owned by Woods, have been named defendants in a wrongful death lawsuit stemming from the drunk driving death of an employee in December, The Miami Herald reports.Florida drunk driving death lawyer

When drunk driving results in death, there are a number of avenues through which a Florida wrongful death lawyer may seek to establish liability. Typically, this includes the drunk driver, the owner of the car, the host of an underage party and sometimes, the vendor that sold or served the alcohol.

That last one is formally known as a “dram shop lawsuit.” Continue reading

Injury at South Florida gyms has been climbing as the number of health-fitness clubs and gyms has risen – 4 percent in the last five years, according to IBISWorld market research.Industry-wide revenue topped$2billion this year. gym injury lawsuit Miami

The question of whether one can successfully sue for a gym injury in Florida will depend heavily on how the injury occurred, what assurances of safety were express or implied with your gym patronage, the language of the liability waiver you (most likely) signed and whether third parties were involved.

Because injuries at the gym have the potential to be very serious (with some reported including broken bones, facial fractures, dental injuries, head injuries, neck and spinal cord injuries and more) it’s imperative to discuss your options with an experienced Miami personal injury attorney.

Fitness centers throughout Miami in standalone buildings, shopping plazas, hotels, resorts, spas – even commercial warehouses (primarily Crossfit). Customers pay good money to use the parking facilities, access all the workout equipment, receive one-on-one time with personal trainers, attend various classes and use amenities like lockers, change rooms, showers, pools and steam rooms. Unfortunately, as our personal injury attorneys in Miami are well aware, that’s a lot of opportunity for potential danger. Continue reading