Wicker Smith Appellate Dismissal in Medical Malpractice Case Featured in Law360
MIAMI – AUGUST 8, 2020 – In a medical malpractice case, Jessica L. Gross and Leslie A. McCormick, partners in the Miami office of Wicker Smith O’Hara McCoy & Ford, P.A., successfully obtained dismissal of three separate claims for loss of parental consortium that the Plaintiff attempted to add after the expiration of the statute of limitations. The dismissal of these claims was upheld by the Third District Court of Appeal in Florida. The case has been featured in Law360, read the full article at “Children’s Claims Tossed in Fla. Mother’s Med Mal Suit.”
In July of 2015, the Plaintiff and her husband filed a medical malpractice complaint against the hospital, the radiologist, and the radiologist’s practice group related to care and treatment provided in 2011. Nearly eight years after the medical care at issue and four years after the suit was filed, the Plaintiff attempted to amend the complaint to add her children as claimants alleging loss of parental consortium. The Plaintiff argued the children’s claim related back to the date of the initial complaint and were therefore timely. Judge Alan Fine of the Eleventh Judicial Circuit and the three-judge panel of the Third District Court of Appeal disagreed and ruled the claims did not relate back and were untimely under the medical malpractice statute of limitations.
Jessica L. Gross is a partner in Wicker Smith’s Miami office handling appellate and trial support matters. Ms. Gross graduated cum laude from Florida State University with a major in English Literature. She then received her Juris Doctorate from the University of Miami, graduating cum laude. Prior to joining Wicker Smith, Ms. Gross clerked at the Third District Court of Appeal for the Honorable Alan R. Schwartz and the Honorable Edwin A. Scales. She also served as a judicial fellow to the Honorable Kevin Emas. Clerking for three different appellate judges provided Ms. Gross with valuable insight into the inner workings of the appellate courthouse. Ms. Gross gained a wealth of substantive and procedural experience in a variety of civil, criminal, and administrative appeals.
Leslie McCormick has been with Wicker Smith for over 30 years and is a partner in the firm’s Miami office. An AV® Preeminent™ rated attorney by Martindale-Hubbell, Ms. McCormick has handled numerous medical malpractice cases for healthcare providers and hospital facilities in a wide range of complex issues involving wrongful death, brain damage, surgical and nursing issues. Among her many successful cases, Leslie served as counsel for NutriSystem, Inc. in the State Court and multi-district litigation involving over 300 lawsuits concerning the NutriSystem Weight Loss Centers. She also served as local counsel for Bristol-Myers Squibb Company, handling over 100 lawsuits in the State Court, Federal Court and multi-district litigation involving breast implants.
Law360 is a leading source of information related to the US legal industry. Read the publication’s article “Children’s Claims Tossed in Fla. Mother’s Med Mal Suit,” in its entirety.