Wrongful death of nonviable fetus, bone marrow sales, speedy trial, and corned beef and cabbage with fresh thyme and parsnips

Insurance -- Homeowners -- Appraisal -- Trial court erred in granting insured's motion to compel appraisal without conducting an evidentiary hearing where there was an issue of fact as to whether insured had complied with post-loss obligations

UNITED PROPERTY AND CASUALTY INSURANCE COMPANY, Appellant, vs. JOSE CONCEPCION, Appellee. 3rd District.

Insurance -- Homeowners -- Attorney's fees -- Prevailing party -- Error to deny insureds' motion for attorney's fees pursuant to section 627.428 where insurer's payments made after suit was filed were tantamount to confessions of judgment entitling the insureds to attorney's fees, and lawsuit served a legitimate purpose because it motivated the insurer to pay not only the amount of the appraisal award, but additional living expenses incurred as well

JESUS BARRETO and DANIA BARRETO, Appellants, v. UNITED SERVICES AUTOMOBILE ASSOCIATION, Appellee. 4th District.

 Wrongful Death: ALABAMA HIGH COURT SAYS MOM CAN SUE DOCS FOR DEATH OF NON-VIABLE FETUS, Hamilton v. Scott, 7 No. 20 Westlaw Journal Medical Malpractice 1, Westlaw Journal Medical Malpractice March 2, 2012

An Alabama woman can continue to pursue wrongful-death claims against doctors for the stillbirth of her non-viable fetus because state law provides a cause of action for the death of an unborn child, the state's highest court has ruled. The Alabama Supreme Court unanimously reversed a lower court's grant of summary judgment to the doctors.

Federal Tort Claims Act: SCHOOL NURSE'S VAGINAL EXAM OF STUDENT NOT MALPRACTICE, JUDGE SAYS, K.R. v. United States, 7 No. 20 Westlaw Journal Medical Malpractice 5, Westlaw Journal Medical Malpractice March 2, 2012

A nurse at a Brooklyn public school did not act inappropriately when she visually examined a 7-year-old student's vagina because she complained of groin pain, a federal judge in Manhattan has ruled. U.S. District Judge William F. Kuntz II of the Eastern District of New York said the government is not liable for medical malpractice claims brought by the girl's mother.Evidence shows that the mother provided written consent for "complete medical care" at the school.

Legislation: FLORIDA HOUSE OKS DOC-TO-DOC INTERVIEWS, 7 No. 20 Westlaw Journal Medical Malpractice 6, Westlaw Journal Medical Malpractice March 2, 2012

Three panels in the Florida House of Representatives have approved a bill that would allow a prospective defendant in a medical negligence lawsuit to privately interview other health care providers who treated the patient before a suit is filed. House Bill 385 is one of several proposed measures in the Republican- controlled Florida Legislature that aims to reduce malpractice liability for physicians. The House Government Operations Appropriations Subcommittee voted 8-3 Feb. 13 to approve.

Legislation: KENTUCKY SENATE OKS PRE-SCREENING FOR PERSONAL CARE HOMES, 7 No. 20 Westlaw Journal Medical Malpractice 7, Westlaw Journal Medical Malpractice March 2, 2012

A panel of Kentucky state senators has approved a bill that would require prospective residents of personal care homes to receive medical screenings prior to admission. The proposed legislation aims to better determine if a person is suitable for a personal care home, where residents receive only limited assistance with daily living skills, or if the individual requires more intensive skilled nursing care. Senate Bill 115, introduced Jan. 24.

Medical Device: JUDGE: NO PROOF BRONCHOSCOPE CAUSED FATAL INFECTION, Young v. Olympus Am., 7 No. 20 Westlaw Journal Medical Malpractice 8, Westlaw Journal Medical Malpractice March 2, 2012

A federal judge has granted summary judgment to a bronchoscope manufacturer in a product liability suit after a Tennessee woman could not show the device used on her late husband prior to his death was defective when it went to market. U.S. District Judge S. Thomas Anderson of the Western District of Tennessee found there was no way to determine which of two bronchoscopes in use at the hospital where the man was treated in early 2001 had been used on him or if either was actually defective at the time.

National Organ Transplant Act: GOVERNMENT CALLS ON 9TH CIRCUIT TO RESTORE BAN ON BONE MARROW SALES, Flynn v. Holder, 7 No. 20 Westlaw Journal Medical Malpractice 9, Westlaw Journal Medical Malpractice March 2, 2012

The 9th U.S. Circuit Court of Appeals should reconsider a ruling that allows people to be paid for donating bone marrow, the Obama administration has argued. The government asked the full court to overturn a panel's ruling that said a federal ban on compensation for organ donation does not extend to bone marrow transplants.The unanimous three-judge panel for the appellate court said in December that new technologies make donating bone marrow no more invasive than donating blood plasma.

Criminal law -- Sexually violent predators -- Civil commitment under Jimmy Ryce Act -- Appeals -- Claim that limit on continuances in section 394.916(2) is jurisdictional and because defendant was not brought to trial within 150 days of probable cause hearing, trial court lost subject matter jurisdiction -- Provision on continuances is not jurisdictional -- Moreover, defendant twice waived his right to trial within 30 days of probable cause determination, and much of the delay in proceedings was attributable to him

JOSEPH FRANTZIS, Appellant, v. STATE OF FLORIDA, Appellee. 1st District.

Criminal law -- Speedy trial -- Where state had charged defendant with fleeing to elude, it was error to allow state to file amended information charging defendant with new offense of fleeing to elude with high speed or wanton disregard of persons or property after speedy trial period had ended -- Record does not support contention that defendant waived speedy trial by accepting a trial date outside speedy trial period -- Although acceptance of a trial date outside speedy trial period constitutes a waiver of speedy trial, mere silence by defendant when the trial date is set does not waive speedy trial

THOMAS ALEX WHITEHALL, Appellant, v. STATE OF FLORIDA, Appellee. 2nd District.

Criminal law -- Trafficking in oxycodone -- Prescription defense -- Error to deny motion to dismiss where state's traverse disputed interpretation of the law rather than factual issue of whether defendant had a valid prescription -- Argument that defendant's prescription was not valid because it was fraudulently obtained in violation of “doctor shopping statute” is rejected -- Remand to vacate conviction for trafficking in oxycodone

NAOMI GONZALEZ, Appellant, v. STATE OF FLORIDA, Appellee. 4th District.

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