In 2013, USA Today published a startling statistic: Twelve times every single day, surgeons sew up a patient with surgical sponges and other supplies mistakenly still inside. In some cases, patients become very ill as a result. Some do not survive. But discovering the exact source of internal pain (usually abdominal)…
Mandatory arbitration agreements have become so commonplace, it’s often almost a given that people will enter them any time they: Purchase a product; Renting a car; Seek admission into a nursing home; Enter a facility/ venue. These agreements serve to block access to a dispute resolution through the civil court…
Although children are typically the victims in injury lawsuits, they can sometimes be the ones who cause injuries. The question of whether parents may be held liable will depend on a number of factors, including: The age of the child; The child’s developmental ability to exercise caution; Child’s mental capacity;…
The family of an elderly man who died after suffering a fall soon after his admission to a hospital will have the opportunity to pursue elder abuse claims against the facility and staff for alleged negligence and wrongful death. In Fenimore v. Regents of Univ. of Cal., a lower court had sustained a…
Numerous Florida companies offer hot air balloon rides to residents and tourists alike. But when operators are not properly trained or fail to exercise due caution, accidents can occur. You may recall in the spring of 2013, when pro football player Donte Stallworth was one of two seriously injured in a…
Most horse owners and caretakers do their best to properly restrain and confine horses and livestock. These animals are expensive to purchase and maintain and for many people, they are also beloved pets. However, if these animals do make their way onto a public road, they put the public at…
In any personal injury lawsuit, it’s imperative that plaintiff identify all relevant defendants to the claim and then properly name those individuals in the lawsuit. It seems like a fairly standard, straightforward directive. But a simple typo can have serious consequences to a case, and plaintiffs need to know their…
The U.S. Court of Appeals for the Fourth Circuit upheld a $2 million verdict in Cisson v. C.R. Bard in favor of a plaintiff who had to undergo painful revision surgery due to a faulty transvaginal mesh implant. Unfortunately, a significant portion of that damage award will go straight to…
Fort Myers is a tourist destination, and those engaging in an array of outdoor activities – kayaking, parasailing, waterskiing, skydiving, boating, hiking, bicycling and more – are taking on some level of inherent risk. When these trips are part of organized events, participants assume a degree of risk by choosing to…
The sexual abuse of minors is not only a gravely serious criminal act, it is also grounds upon which victims may seek damages in civil court. In many cases, it is not only the offender who is named, but also the company or institution at which the alleged abuser was…