Category Archives: Federal Torts

Our nationwide class action and MDL lawyers have been helping victims and their families fight back against government negligence through federal torts for years.

Colson Hicks Eidson Inducted Into Verdicts Hall of Fame

On September 10, Daily Business Review and VerdictSearch held the inaugural Verdicts Hall of Fame reception and dinner at the Rusty Pelican in Key Biscayne. The event was a celebration of the law firms selected for induction into the Verdicts Hall of Fame, which was created this year. One of the firms being celebrated during the event was Colson Hicks Eidson. Stephen Wolkoff and Julie Wolkoff v. Sunshine Storage, Inc., a lawsuit handled by Colson Hicks Eidson’s Deborah J. Gander, was enshrined in the Hall of Fame, because the verdict handed down in the case was one of the top five premises liability verdicts in Florida from 2011-13. What Is Premises Liability?  Premises liability cases are typically personal injury lawsuits in which the victim has been injured due to the negligence of the owner or operator of a piece of property, such as a grocery store, hotel, amusement park or…
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Fl. Supreme Court Declares Med Mal Wrongful Death Damage Caps Unconstitutional

Should there be a limit on amount of damages a bereaved family can be awarded when their loved one has died due to medical malpractice? The Florida Supreme Court said no. On March 13, The Florida Supreme Court ruled in the case of The Estate of Michelle Evette McCalll vs. the United States of America, overturning an existing cap of $500,000 for doctors and $1 million for hospitals and clinics on non-economic damages in wrongful death cases. The Court declared the cap, which was signed into law in 2003, to be unconstitutional, saying it violated the equal protection clause of the Florida Constitution. The case in question arose from a lawsuit filed by the parents of Michelle McCall against the U.S government, after McCall died in 2006 at the age of 20 as a result of complications from childbirth while delivering her son at the Fort Walton Beach Medical Center….
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The Reality behind Tort Reform Myths

Maybe you have heard the arguments that tort reform advocates use to champion their case at the state and federal level. They are leaving out some important facts, however. My insurance premiums are rising because of all the tort lawsuits: Not true. Rising insurance premiums have nothing to do with personal injury lawsuits. The insurance industry’s annual profit for 2004 was $38.7 billion. By 2007, that profit was up to $61.9 billion. Insurance companies are increasing your premiums even with when they are making record profits. As a taxpayer, personal injury lawsuits cost taxpayers millions of dollars every year: False. Proponents of tort reform know it is effective to go after your pocketbook by saying that lawsuits cost taxpayers millions of dollars every year. However, the studies they cite lack any sort of methodology or academic reliability. In fact, the organizations that perform the studies are often funded by insurance…
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Why Tort Reform is Wrong

All personal injury plaintiffs are grifters that are out to cheat the legal system and get a big paycheck from corporations…that is what tort reform advocates want you to believe. Insurance companies and large and small businesses spend millions on lobbyists who push for tort reform at the state and federal level. These advocates cite the McDonalds hot coffee case and the few other noteworthy cases that made headlines. What they often do not mention is that those high rewards rarely stand and are often reduced by the trial judge, on appeal or upon settlement, as in the McDonalds hot coffee case. The $2.7 million punitive damages reward was reduced to $480,000 on appeal in that case. In addition, punitive damages are rare in personal injury verdicts. Proponents of tort reform also want you to believe that the number of tort cases is skyrocketing in the United States. However, the…
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