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News and Notes From Pennington P.A.


By Christopher L. Hill 12 Feb, 2024
The 2024 Legislature is currently in Regular Session, which began January 9, 2024, and is scheduled to end on March 8, 2024. The first day of session, Senate Bill 248 was introduced by bill sponsor, Senate Judiciary Chairman Clay Yarborough, which includes medical malpractice damages caps. The Senate Judiciary Committee voted to support the bill (8-2), with supporters arguing that caps are needed to combat rising medical malpractice insurance rates and help persuade doctors to practice in Florida. Opponents argue that the caps would shortchange people who were injured or died because of the negligence of healthcare providers. Under the proposed caps, a plaintiff in a medical malpractice matter could receive a maximum of $500,000.00 in “non-economic damages” from doctors or practitioners, regardless of the number of practitioners that are liable. The cap would be $750,000.00 in lawsuits against hospitals or other “nonpractitioners.” Further, lower caps would apply in lawsuits where emergency care was provided, or if the care and treatment involved a Medicaid patient. The caps in SB 248 would not be applied to “economic” damages. This is not the first time that the Florida Legislature has attempted to place caps on non-economic damages. In 2003, the Legislature held special sessions before passing several caps on non-economic damages. These caps, however, were struck down by the Florida Supreme Court in 2014 and 2017 rulings, which found the caps to be unconstitutional. According to Chairman Yarborough, the caps in SB 248 were designed with the Supreme Court’s concerns, including equal-protection concerns, that resulted in the 2003 version of caps being declared unconstitutional. It remains to be seen whether SB 248 will pass, but, even if it does, it is likely that the constitutionality of these newly proposed caps on “non-economic damages” will again face judicial review and scrutiny, much like the 2003 caps.
By Roy Grubbs 09 Feb, 2024
Congratulations to Pennington PA's newly appointed executive officers and directors for 2024!
By Roy Grubbs 07 Feb, 2024
The following attorneys are included in 2024 BEST LAWYERS® IN AMERICA Ben A. Andrews Product Liability Litigation – Defendants Carl R. Pennington, Jr. Commercial Litigation E. Murray Moore, Jr. Administrative/Regulatory Law Health Care Law Gerald Livingston Administrative/Regulatory Law Gerald Bryant Employment Law Management and Health Care Law Howard E. Adams Administrative/Regulatory Law Real Estate Law J. Breck Brannen Real Estate Law Administrative/Regulatory Law J. Wiley Horton Litigation - Intellectual Property Commercial Litigation Luis Viera Personal Injury Litigation – Defendants Michael J. Thomas Medical Malpractice Law Personal Injury Litigation Defendants Product Liability Litigation – Defendants Steven M. Puritz Personal Injury Litigation – Defendants The following attorneys are included in 2024 BEST LAWYERS: ONES TO WATCH® IN AMERICA Chase Boswell Insurance Law Cody Short Commercial Litigation and Litigation – Construction Rachel Givens Family Law Health Care Law Real Estate law Administrative/Regulatory Law Trusts and Estates Stephanie Clark Employee Benefits (ERISA) Law Health Care Law Professional Malpractice Law
By Christopher Hill 18 Jan, 2024
Shareholder Michael J. Thomas recently presented a lecture to second year dental students at the University of Florida College of Dentistry, at the request of Professor Jason Buschman, DDS, M.Ed., OMS. The lecture covered important topics educating the students and informing them about the intersection of law and medical/dental care. During his lecture in early January 2024, Mike presented on the litigation process in Florida, including an overview of Florida’s mandatory pre-suit notice of intent requirements, the presuit discovery process, as well as, the formal litigation process after the pre-suit period ends. He educated the students on the various types of litigation (including civil, criminal, and administrative matters), depositions, and tips on how to avoid litigation. He also took questions from the students, and presented on the importance of documentation in patient dental records, and what constitutes appropriate informed consent. Michael J. Thomas is Board Certified in Civil Trial Law by The Florida Bar, and has an AV Preeminent® rating from Martindale-Hubbell’s peer review rating system, which represents the highest level of professional excellence for ethical standards and legal ability. He is an adjunct professor at the FSU College of Law, and teaches a course on medical malpractice. Mike also serves on the second judicial circuit professionalism panel. Mike is licensed to practice law in Florida and Georgia and has been admitted to practice in the U.S. District Court for the Northern, Middle, and Southern Districts of Florida, the U.S. Court of Appeals for the Eleventh Circuit, the Northern, Middle, and Southern U.S. District Courts of Georgia, and the Supreme Court of the United States.
By Roy Grubbs 13 Nov, 2023
Pennington PA is named in the 2024 edition of Best Law Firms. The firm was highly ranked in a total of ten practice areas. Tier 1 included four practice areas including Commercial Litigation, Medical Malpractice Law – Defendants, Personal Injury Litigation – Defendants, and Product Liability Litigation – Defendants. The remaining highly ranked areas are Administrative / Regulatory Law, Employment Law – Management, Health Care Law, Insurance Law, Personal Injury Litigation – Defendants, and Real Estate Law.
By Christopher L. Hill 01 Nov, 2023
Shareholders Michael J. Thomas and Chase E. Boswell recently successfully defended a medical malpractice case in Leon County, Florida. The plaintiff alleged that her orthopedic surgeon (and the surgeon’s orthopedic practice) breached the standard of care in performing a left total hip replacement procedure. Specifically, the plaintiff alleged that the defendant orthopedic surgeon negligently placed a cerclage cable around the sciatic nerve while stabilizing a fracture in the femur. The plaintiff alleged these breaches resulted in her sustaining severe neurologic injuries, including permanent left foot drop. The defendants argued such an injury was a known risk and recognized complication of the surgery. The case was tried against the orthopedic surgeon and the surgeon’s orthopedic practice over a five-day period, and resulted in a defense verdict for the orthopedic surgeon and the orthopedic practice on October 26, 2023. Final Judgment was entered by the Court in favor of the defendants on October 30, 2023. Michael J. Thomas is Board Certified in Civil Trial Law by The Florida Bar, and has an AV Preeminent® rating from Martindale-Hubbell’s peer review rating system, which represents the highest level of professional excellence for ethical standards and legal ability. Mike is a member of the American Board of Trial Advocates. Mike is licensed to practice law in Florida and Georgia and has been admitted to practice in the U.S. District Court for the Northern, Middle, and Southern Districts of Florida, the U.S. Court of Appeals for the Eleventh Circuit, the Northern, Middle, and Southern U.S. District Court of Georgia, and the Supreme Court of the United States. Chase E. Boswell’s practice focuses on insurance defense litigation, including medical/dental malpractice, products liability, premises liability, auto/trucking litigation, corporate and business matters, and employment litigation. Chase is licensed to practice law in Florida and Georgia, the United States Court of Appeals for the Eleventh Circuit, and has been admitted to practice in the U.S. District Court for the Northern, Middle, and Southern Districts of Florida, and the U.S. District Court for the Southern District of Georgia. In 2019 and 2021, he was recognized by Florida Trend as a Florida Legal Elite “Up & Comer.”
By Pennington PA 24 Oct, 2023
Shareholder Brian Chojnowski recently obtained final summary judgment in a real estate litigation case on behalf of three clients. When Brian’s clients sold a residential property, they disclosed a prior termite infestation and related repairs. The buyer obtained his own termite inspection, which he failed to read, and received an allowance for repair of termite damage. After closing, the buyer located additional termite damage inside a bathroom wall. Brian’s clients were accused of failing to disclose termite damage in a specific wall, despite having disclosed termite damage in other areas of the home. Brian demonstrated to the court that his clients provided more than ample information on the prior termite issues and that the buyer had a responsibility to further investigate the extent of the damage. Relying on Johnson v. Davis and its progeny, Brian argued that claims of this nature are not intended to be parsed as narrowly as the buyer claimed. The court applied the Fourth District Court of Appeal’s recent decision in Sage v. Pahlavi and held that Brian’s clients provided more than sufficient notice of the termite issues, thereby relieving them from any liability to the buyer.
People Inside Meeting — Tallahassee, FL — Pennington P.A.
By Pennington P.A. 16 Sep, 2023
Represented by Partners Mike Thomas, Chase Boswell, Cody Short, Jaclyn Jones, Associates Chris Hill, Logan Eagan, and Nurse-Paralegal, Nena Hester, Pennington P.A. was proud to be a Platinum Sponsor of the recent FSHRMPS 43rd Annual Meeting & Education Conference. As a state-wide professional development association comprised of risk management and patient safety professionals, Pennington acknowledges the Association’s value and contribution in the healthcare industry and was pleased to participate in this year’s annual conference.
Michael J. Thomas — Tallahassee, FL — Pennington P.A.
By Christopher L. Hill 15 Sep, 2023
Shareholder Michael J. Thomas presents a lecture to the TMH Nurse Residency Program on a quarterly basis, educating and informing them about the intersection of law and medical care. Mike will be presenting to the TMH Nurse Residency Program later this month to discuss legal and ethical considerations, among other topics. During his most recent presentation in April 2023, Mike presented on the litigation process in Florida, including an overview of Florida’s mandatory pre-suit notice of intent discovery process, as well as, the litigation process after the pre-suit process ends. He took questions from the residents, and presented on the RaDonda Vaught case, a nurse in Tennessee who was criminally prosecuted for a fatal drug error in December 2017, despite the fact that fatal errors are typically handled by licensing boards and civil courts. Michael J. Thomas is Board Certified in Civil Trial Law by The Florida Bar, has an AV Preeminent® rating from Martindale-Hubbell’s peer review rating system, which represents the highest level of professional excellence for ethical standards and legal ability. Mike also serves on the second judicial circuit professionalism panel. Mike is licensed to practice law in Florida and Georgia and has been admitted to practice in the U.S. District Court for the Northern, Middle, and Southern Districts of Florida, the U.S. Court of Appeals for the Eleventh Circuit, the Northern, Middle, and Southern U.S. District Court of Georgia, and the Supreme Court of the United States.
Christopher L. Hill — Tallahassee, FL — Pennington P.A.
By Pennington P.A. 14 Sep, 2023
Pennington’s Medical Malpractice Team Obtains Summary Judgment on Client’s Behalf Authored by: Pennington P.A. Shareholders Michael J. Thomas and Chase E. Boswell, and Associate Christopher L. Hill recently successfully defended an oncologist in a medical malpractice case in the United States District Court for the Middle District of Florida. The plaintiff alleged that his oncologist failed to properly treat him and did not provide appropriate care for his cancer back in June 2019. The plaintiff also alleged First and Eighth Amendment violations against the oncologist. Earlier this month, the Court entered summary judgment in favor of the oncologist, and against the plaintiff, on all counts. The Court found that the care and treatment provided by the oncologist was appropriate, and that there was no evidence to support any First Amendment or Eighth Amendment claim by the plaintiff. Following entry of summary judgment in favor of the oncologist, the Court directed the Clerk to terminate any motions and close the file. Michael J. Thomas is Board Certified in Civil Trial Law by The Florida Bar, has an AV Preeminent® rating from Martindale-Hubbell’s peer review rating system, which represents the highest level of professional excellence for ethical standards and legal ability. Mike also serves on the second judicial circuit professionalism panel. Mike is licensed to practice law in Florida and Georgia and has been admitted to practice in the U.S. District Court for the Northern, Middle, and Southern Districts of Florida, the U.S. Court of Appeals for the Eleventh Circuit, the Northern, Middle, and Southern U.S. District Court of Georgia, and the Supreme Court of the United States. Chase E. Boswell’s practice focuses on insurance defense litigation, including medical/dental malpractice, products liability, premises liability, auto/trucking litigation, corporate and business matters, and employment litigation. Chase is licensed to practice law in Florida and Georgia, the United States Court of Appeals for the Eleventh Circuit, and has been admitted to practice in the U.S. District Court for the Northern, Middle, and Southern Districts of Florida, and the U.S. District Court for the Southern District of Georgia. In 2019 and 2021, he was recognized by Florida Trend’s as a Florida Legal Elite “Up & Comer.” Christopher L. Hill’s practice focuses on insurance defense and litigation, including medical/dental malpractice, bodily injury and under/uninsured motorist claims, auto/trucking litigation, Personal Injury Protection claims, and commercial litigation, as well as commercial Landlord-Tenant law. Christopher is licensed to practice law in Florida and has been admitted to practice in the U.S. District Court for the Middle and Southern Districts of Florida.
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