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M&S In The News

Military Medical Malpractice Legislation Gives Active Duty Victims More Hope

Medical Malpractice

By Y. Peter Kang Law360 (May 17, 2019, 8:05 PM EDT) -- A recently floated Military Medical Malpractice bill that would allow active-duty military members to sue the federal government for medical malpractice is an encouraging first step in providing justice for victims who are barred from filing such cases because of a 70-year-old U.S. Supreme Court precedent, experts said. Led by U.S. Rep. Jackie Speier, D-Calif., House lawmakers introduced bipartisan legislation on April 30 that would carve out a medical malpractice exception under the Federal Tort Claims Act, which specifically bars military members' claims for injuries or deaths "incident to” their service. The bill’s co-sponsors...

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Feds Pay $1.25 Million To End Baby Brain Damage And Death Suit

Brain Damage

By Y. Peter Kang Law360 (May 2, 2019, 8:09 PM EDT) -- A Florida federal judge has approved a $1.25 million settlement to resolve a suit accusing a federally funded health clinic of negligently causing a newborn's brain damage, which ultimately resulted in his death 14 months later. U.S. District Judge Marcia G. Cooke signed off on the deal to end a Federal Tort Claims Act suit accusing Dr. Carlos A. Rodriguez, an employee of Citrus Health Network Inc., of failing to timely perform an emergency Cesarean section on patient Dayami Hernandez, which caused her son to suffer permanent and severe brain...

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Feds Can’t Recoup From $33M Award If Child Dies: 11th Circuit

a

By Y. Peter Kang Law360 (August 17, 2018, 10:01 PM EDT) -- The Eleventh Circuit on Friday largely affirmed a trial judge’s post-verdict decisions in a suit accusing a federally funded health clinic doctor of causing a newborn’s brain damage, saying the federal government can’t recover portions of a $33 million award verdict if the child dies earlier than expected. In a published opinion, a three-judge Eleventh Circuit panel unanimously affirmed the trial judge’s decision rejecting the federal government’s bid to implement a reversionary trust that would allow it to recoup potentially millions of dollars earmarked for the future medical costs and...

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Dangerous Doctors: Malpractice lawsuits rarely lead to discipline

Attorney Richard Bo Sharp discusses malpractice lawsuits

Original Source: By STEPHEN HOBBS, SUN SENTINEL, NOV 19, 2017 | 4:30 PM Dr. Pachavit Kasemsap faced payouts of nearly $3 million in five medical malpractice lawsuits over five years. Patients accused him of slicing an aorta while trying to remove a gallbladder, cutting an artery to a liver, and connecting a woman’s rectum to her vagina. Florida lawmakers have long recognized that medical malpractice lawsuits are a warning sign for dangerous doctors. But state health officials never took action against Kasemsap. https://youtu.be/Bqyo3zT7x1o The state Department of Health is required to review every malpractice lawsuit filed against Florida doctors to identify and punish problem doctors....

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Fla. Justices’ Medical Malpractice Cap Ruling May Mobilize Lawmakers

Judgement Award Settlement

By Y. Peter Kang Law360, Los Angeles (June 9, 2017, 9:29 PM EDT) -- The Florida Supreme Court's recent split ruling that a 2003 state law capping noneconomic damages in medical malpractice cases is unconstitutional was a major decision which experts said was a big win for patients but may not be the end of Florida lawmakers' efforts to enact tort reform bills. In a 4-3 decision, the state's highest court found that the law capping noneconomic damages at $500,000, or $1 million in the most egregious cases, violates the equal protection clause of the Florida Constitution because it arbitrarily reduces damage awards...

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How To Help Your Med Mal Verdict Survive an Appeal

Surgical Malpractice

By Y. Peter Kang Law360, Los Angeles (May 16, 2017, 9:28 PM EDT) -- Attorneys for med mal plaintiffs who win a jury or bench verdict can steel themselves for a likely appeal by being acutely aware of disputes over evidence and jury instructions and laying the groundwork before, during and after the trial to ward off those challenges. There are two schools of thought on how to deal with the potential for appeals amid a trial, according to Patrick Salvi Jr. of Salvi Schostok & Pritchard PC in Chicago. He said some attorneys will say win the trial first and worry about the...

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Miami doctor’s call to broker during baby’s delivery leads to $33.8 million judgment

Dixon

Original Source: Miami Herald, By Daniel Chang, UPDATED MAY 02, 2017 08:08 PM Marla Dixon was in the final stage of labor and ready to deliver a baby boy when the obstetrician arrived at her bedside at North Shore Medical Center in Miami. It was not a high-risk pregnancy. But over the next 90 minutes, the doctor made a series of missteps that led to a tragic outcome for Dixon and her baby — and a $33.8 million judgment, according to a federal lawsuit. https://youtu.be/TLrreU3JHqI The doctor ordered nurses to restart a drug to strengthen contractions, failed to perform a Cesarean section — and...

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Tow Truck Accident Investigation Continues After Deadly Confrontation Unfolds

Tow Truck Accident

Original Source: CBS 4 Miami, January 22, 2013 at 8:22 pm https://miami.cbslocal.com/2013/01/22/investigation-continues-into-deadly-lauderhill-tow-truck-accident/ MIAMI (CBSMiami) – The Lauderhill family of a man who died in a tow truck accident after a confrontation with a tow truck operator is preparing to send his body back to his homeland. Elias Konwufine, 38, will be buried in his native country of Cameroon, according to his wife. “It’s very hard,” a tearful Francisca Konwufine told CBS4’s Joan Murray. Until last week she and her husband were living the American dream. Elias Konwufine received his doctorate at Nova Southeastern University and was working as an associate dean at Fort Lauderdale’s Keiser...

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Mallard & Sharp successfully represent family of infant disabled during delivery

Judgement Award Settlement

Mallard & Sharp, P.A. celebrated a bittersweet victory this week, receiving a $33.8 million verdict on behalf of a brain damaged baby. MIAMI (April 24, 2017) – Medical malpractice attorneys for the law firm of Mallard & Sharp, P.A.  celebrated a bittersweet victory this week, receiving a $33.8 million verdict on behalf of a brain damaged baby.  The Court held that the catastrophic brain injury was caused by Dr. Ata Atogho’s failure to order an emergency C-section and the continued administration of the contraindicated delivery drug Pitocin.  The Court also found that Dr. Atogho’s failure to offer and perform a C-section...

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Miami Gardens family wins $33.8 million medical malpractice award against federal government

Health Center

Community health center patient gets damages for son's brain damage during birth Original Source: By Andrea Torres - Digital Reporter/Producer WPLG Local10.com Posted: 1:51 PM, April 20, 2017 MIAMI - The federal government will have to pay a Miami Gardens family a $33.8 million medical malpractice award in a medical malpractice lawsuit after a judge ruled on Monday that a federally employed doctor's decisions caused a teen's baby boy to suffer irreversible brain damage. U.S. District Judge Robert N. Scola awarded the baby's mother, Marla Dixon, $3.3 million, and the father, Earl Reese-Thornton, $1.1 million for their pain and suffering. Scola awarded $21.7 million for the boy's economic damages...

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