Atlanta attorney Lloyd Bell stands before the jury, prepared to give his opening statement. But instead of reintroducing himself or his clients, a stroke victim and her husband in a medical malpractice case, Bell sets a scene:

"It's Sunday morning, shortly after midnight, and we are at the home of Shawn and Janice Evans," Bell begins. 

"Jan and Shawn are in bed asleep.

"Ow!" Bell's howl pierces the courtroom, as he grabs his head and slumps over. 

Dr. Jose Diaz testifies at trial over the death of Shannon Kelly from diabetes-related complications. Kelly's parents claimed Dr. Dudley Teel and the Indian River Memorial Hospital acted recklessly in tresting the child. 

Vero Beach, FL—A pediatric physician told jurors Wednesday he believed an emergency room doctor acted recklessly in treating a child’s diabetes complications, ultimately worsening brain swelling that led to her death, as trial continued in the suit against the ER doctor and hospital. Kelly v. Indian River Memorial Hospital, 2010-CA-073141.

Two Florida Supreme Court decisions in as many weeks have changed the litigation landscape for thousands of Engle progeny plaintiffs, rendering it easier to prove class membership and recover millions in punitive damages against the nation’s tobacco companies.