Arguing damages stemming solely from non-economic loss can be difficult: A jury has no hard set of numbers to use as a starting point in calculating an award, while surviving plaintiffs' ability to cope following an incident can be used as an argument to mitigate non-economic loss. However, in closings of a 2019 damages-only trial over the death of a Florida mother hours after childbirth, Todd Michaels secured an eight-figure win by upending a defense contention on non-economic loss.
Topics: Medical Malpractice, Florida, vargas-chavez v. gonzalez-garcia, et al.
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Jacksonville, FL— Jurors Tuesday found R.J. Reynolds cigarettes caused a Florida man’s lung cancer death, but found the smoker himself largely responsible and declined to award damages in the case. Miller v. R.J. Reynolds, 2008-CA-000401.
Topics: Products Liability, tobacco, Engle Progeny, Florida, Miller v. R.J. Reynolds
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Woburn, MA— Jurors awarded nearly $9.7 million Thursday to a Massachusetts smoker for the role it found Philip Morris played in her lung cancer. Greene v. Philip Morris, 1581CV01808.
Topics: Products Liability, tobacco, Massachusetts, Greene v. Philip Morris
A prospective juror that expresses strong opinions on issues adverse to a case can be a critical landmine during voir dire. Such opinions risk swaying other members of the venire. However, during jury selection in a 2018 medical malpractice case, Nick Rowley upended a prospective juror’s pro-tort reform stance when introducing his damages claim.
Topics: Medical Malpractice, Washington, Driscoll v. Harrison Medical Center, et al.
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Miami, FL— Philip Morris was slapped with a $1.35 million total verdict this week for the role jurors found the company played in a Florida smoker’s throat cancer. Alvarez Del Real v. Philip Morris, 2007-CA-032909.
Topics: Products Liability, tobacco, Engle Progeny, Florida, Alvarez Del Real v. Philip Morris
