Episode 044: Gary Fox │Slayton v. Professional Park Pediatrics, P.A., Pediatrics of Timberlane, P.A., and Penrod, M.D.│ $3.373 million verdict

 

This week, your hosts Steve Lowry and Yvonne Godfrey interview Gary Fox of  Stewart Tilghman Fox Bianchi & Cain, P.A ( https://www.stfblaw.com)

 

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Case Details:

 

Inner Circle of Advocates attorney Gary Fox shares how a medical malpractice case was mistried twice before resulting in Leon County, Florida’s first verdict in 17 years in favor of a patient against a physician. Premature baby Levi Slayton was taken to the doctor a few days after birth for breathing difficulties and rising bilirubin levels, which can indicate elevated red blood cell destruction and a possible infection. The doctor was negligent and failed to admit the baby to the hospital to monitor his bilirubin levels in an environment that could respond quickly. Returning home, the baby stopped breathing while being breastfed and suffered such significant brain damage from a lack of oxygen that life-support was not recommended. Levi only lived for six days. The jury assigned 100% responsibility for the baby’s death to the doctor, returning a verdict of $3,373,000.

 

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Guest Bio:

 

Gary Fox

 

For the past 39 years Gary Fox has devoted his practice exclusively to the trial of civil cases in Florida. He specializes in the trial of medical malpractice, products liability and wrongful death cases.

Gary graduated from the University of Florida School of Law in 1976, where he was an editor of the law review and member of the National Moot Court Board. After graduation, he went to work for the firm known as Frates Floyd Pearson Stewart Richman & Greer. He became a partner at the firm and in 1984 left to open his own firm with Larry Stewart, Jim Tilghman and David Bianchi, where he has remained since.

 

Gary is a member of the Inner Circle of Advocates, the most selective group of trial lawyers in the United States. The Inner Circle is an invitation-only group limited to the top 100 plaintiffs’ trial attorneys in America. Stewart Tilghman Fox Bianchi & Cain is the only law firm in Florida with two members in The Inner Circle.

 

Gary was selected as the Trial Lawyer of the Year by the American Board of Trial Advocates, Florida Chapters, an organization also known as FLABOTA.  The American Board of Trial Advocates is an invitation-only group of trial lawyers evenly divided between attorneys who represent plaintiffs and those who represent insurance companies, manufacturers, health care providers, and other defendants.

 

Seven years after graduation, he became board certified as a civil trial lawyer by the Florida Bar and the following year he was certified in the same specialty by the National Board of Trial Advocacy.

 

Gary was elected President of the Miami Chapter of ABOTA in 1992 and was elected President of the statewide ABOTA organization (FLABOTA) in 1990. In 2004 he was selected for inclusion in the International Society of Barristers, another invitation-only group of trial lawyers that is limited to 600 members worldwide.

 

Gary represented Terri and Michael Schiavo in the medical malpractice trial arising out of the events that led to Terri’s coma. The jury returned a substantial verdict for Terri and Michael and the proceeds of that recovery led to the rift between Michael and Terri’s family and international publicity that followed. In addition, Gary has represented boxing champion Floyd Mayweather, Hall of Fame baseball player Eddie Mathews and All-Pro NFL cornerback Samari Rolle.  

 

Gary and Stephen Cain tried to verdict Mr. Rolle’s case in Charlotte, North Carolina.  The jury returned a verdict in Mr. Rolle’s favor.  It was the first time in 12 years a jury in Charlotte had returned a verdict for a patient in a medical malpractice case.  Gary also represented Jane Doe, a rape victim, in the case against Carnival Cruise Lines that became the subject of national publicity when Carnival was required by court order to disclose the data surrounding the number of sexual assaults occurring aboard its ships.

 

 

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Free Resources:

 

Stages Of A Jury Trial - Part 1

Stages Of A Jury Trial - Part 2