Mr. Pennington does represent individuals and companies in commercial or business disputes that have resulted or will result in a civil lawsuit, both in federal and state courts.
Mr. Pennington does not advise or counsel people who are considering making a patent or copyright application or who have business negotiation matters regarding the transfer of intellectual property. However, he does represent parties when there is an issue of the theft of an idea or trade secret, patent infringement, copyright violation or similar intellectual property dispute that has resulted, or will result, in a civil lawsuit in state or federal court.
Mr. Pennington has tried environmental and permitting cases that have had regional impact in northeastern Florida, including the Southeast Landfill and AES Cedar Bay Co-Generation cases. In appropriate circumstances, he will undertake representation in cases involving oil spills, toxic discharges and permitting disputes.
The firm represents clients in a wide range of cases involving severe personal injuries. Mr. Pennington has successfully represented children who have suffered cerebral palsy (often as a result of inattention or improper care during labor and delivery); adults who have suffered similar devastating brain injuries as a result of oxygen deprivation; people who have experienced traumatic brain injuries and the associated complications; people who have been rendered paraplegic or quadriplegic due to spinal cord injuries; and others who have suffered traumatic amputations or loss of organs.
When someone dies as a result of the fault, negligence or conduct of another party, a claim may be brought for Wrongful Death. In Florida, such lawsuits are controlled by the Florida Wrongful Death Act, Florida Statutes, Sections 768.12 to 728.26. The statute of limitations for a Wrongful Death lawsuit is generally two years in Florida, so prompt action is warranted for any family member investigating such a potential claim.
According to the National Academy of Sciences, approximately 98,000 Americans die from “medical errors” each year. Many more are injured but survive. [See “Doing What Counts For Patient Safety: Federal Actions to Reduce Medical Errors and their Impact, Report of the Quality Interagency Coordination Task Force (QuIC) to the President” (Feb. 2000), available at http://archive.ahrq.gov/quic/report/errors6.pdf].
Of course, not every poor outcome after hospitalization or medical treatment is the result of medical mistakes. Sometimes, patients just have a bad outcome. But when the patient’s death or injury is caused by one of these medical errors, then the law does provide a remedy in the form of a civil lawsuit.
There are extensive statutory limitations and procedural requirements for a lawsuit by an injured patient or the family of a deceased patient (see Florida Statutes, Chapter 766). Some people think that the defending liability insurance companies will just pay to settle rather than face a jury; or that the defendants will settle to avoid “bad publicity.” Not so. These cases are vigorously defended by insurance companies and hospital corporations with large budgets and who are in the business of not paying claims. Therefore, anyone bringing such a lawsuit needs to understand the commitment of time and preparation that is required.
Mr. Pennington has successfully tried many such lawsuits. He will take these cases, but only after a thorough investigation has determined that the outcome was indeed the result of malpractice; and only after the case has been reviewed by and approved by national leading experts in the relevant fields of medicine.
If you or a loved one is in need of legal assistance in such a case, please feel free to call Mr. Pennington at (904) 339-0405 or, if you prefer, send us an email at info@rufuspennington.com.