Kaire & Heffernan, PLLC Legal Blog

Playing with Beauty: Breast Implants, Rupture and Liability

  In 1962, Cronin and Gerow introduced the very first silicone breast implants. By 1995, over 19,000 lawsuits alleging defects had been filed, eventually forcing Dow Corning (the biggest shareholder) into bankruptcy. There have since been reforms and increased regulation from Congress, but there are still many misconceptions about breast implants and liability for them if they malfunction or rupture.…

Tips for Surviving an Adventure Tour Injury

In our current globalized society people don’t simply go on vacations to the beach or the lake anymore. Instead, people nowadays are looking for an exciting adventure that they will never forget. This need for adventure and a unique travel experience explains the increase in adventure tours offered around the world. Here in Florida alone there are a host of…

Defects May Be To Blame For Golf Cart Accidents

It may be a shock to learn that golf cart accidents are quickly becoming an important subsection of personal injury law. Some injuries are caused by negligence on behalf of the driver, while other accidents have been caused by defective golf cart products. The Augusta, Georgia-based golf cart company E-Z-Go is one of the country’s biggest golf cart manufacturers. Some…

Ride of Silence Serves As a Reminder of The Dangers on South Florida Streets

On the same day that hundreds of cyclists took to the streets to promote peace between cyclist and motorist, a report was released, confirming what most of us already knew, South Florida is the nation’s fourth-most-dangerous metropolitan area for pedestrians. The cyclists participated in The Ride of Silence — its catchphrase is “Let the Silence Roar” — an international cycling event designed…

Bicycle Accident Death Leads To A Change In The Law

Sometimes it takes a tragic event to raise public awareness and to spearhead the need for change.  The death of Aaron Cohen was that tragic event, and the Aaron Cohen Life Protection Act, is that change. I remember posting about this terrible bicycle accident on Key Biscayne in 2012, and the hope for tougher penalties on drivers that leave the…

Driver’s Cell Phone Use Nabs Culprit

The Florida driver in a fatal hit-and-run accident may have been another example of a dangerous motorist distracted by his cell phone. However, in this case, the cell phone use may have also implicated the driver in a crime. His cell phone records could help convict him on vehicular homicide charges in Fort Lauderdale. A speeding Porsche hit and killed…

Favorable Medical Malpractice Ruling Gives Plaintiff Right To Proceed

The Medical Malpractice Act is a venerable minefield. Doctor’s, hospitals, and their insurance carriers will often rely on technicalities and seek to have otherwise meritorious cases dismissed. Statute of Limitations for Medical Malpractice in Florida The statute of limitations for medical malpractice actions in the State of Florida is two(2) years. In addition thereto, the Plaintiff can file for an…

State Farm Insurance Company Refuses To Pay Claims

Maybe State Farm Insurance company should stop spending so much money on those commercials, and start paying claims. In the last year State Farm has made some of the most ridiculous offers I have ever scene. They are violating the cornerstone of Insurance contracts, and placing their interest ahead of their insureds. In cases filed against them by their insured’s(Uninsured…

Is There A Cap on Pain and Suffering Damages For Medical Malpractice In Florida?

Thankfully the answer is NO. The Florida Supreme Court declared that non-economic damage caps(Pain and Suffering) in medical malpractice cases violate the equal protection clause of the Florida Constitution. Since 2003 pain and suffering damages in Medical Malpractice Wrongful Death cases had been capped at $1 Million. Judge Lewis summed it up by writing the majority opinion and boldly stating:…

If I settled My Lawsuit Can I Tell My Friends?

Lawsuits are filed and Lawsuits are settled on a daily basis. However, sometimes the Defendant will require that the Plaintiff sign a confidentiality agreement. If the Plaintiff violates the agreement and discloses the terms of the settlement there can be adverse consequences. Those adverse consequences came bearing down on Patrick Snay (Plaintiff) after his daughter disclosed a confidential $80,000.00 settlement…