The Legal Battle Behind Wrongful Death and Malpractice
A key aspect behind a successful verdict and settlement for your client, says Deborah Gander, Partner at Colson Hicks Eidson, is: “Recognising a wrong and having the drive to do something about it – to make it right for my client and, oftentimes, to make the world a safer place for those who follow.”
She expands, “I choose cases where I feel the impact of what my clients have been through, and how it has changed their lives, and I communicate that to the jury.
“Understanding and being able to clearly explain the ways in which a defendant wronged my client and must be held accountable, provides the jury the incentive they need to right the wrong.”
We speak more with Deborah about her notable cases, the importance behind seeking justice over personal injury and malpractice cases, and, most importantly, what drives her to achieve the best for her clients.
Throughout all the areas of practice, from wrongful death to professional liability, can you share with Lawyer Monthly the area which can pose the most challenge for you?
How do you overcome said challenge? All of my areas of practice are challenging, and across all areas there is the constant drive to give voice to someone who cannot speak for themselves, or stand up for themselves, or fight the necessary battle on her own behalf. For me, challenge is motivation. All of my cases require an intimate knowledge of the medical records, and many of them require knowledge and understanding of engineering plans and documents or statutes and ordinances. Each case requires fully immersing myself in a new subject to become expert in a short amount of time. Over the years, much of the knowledge from one case translates well to others, but every case involves learning something completely new and fascinating. Because my practice involves catastrophic injuries and death, it requires significant involvement with my clients who, time and again, inspire me with the sheer power of their love and human connection. The largest person, both physically and professionally, crumbles when he loses a child or sees his spouse left disabled. The tiniest, seemingly most fragile human shows a spine of steel and superhuman grit when someone they love needs them as a caretaker, or case manager, or simply to hold and share the memories of who a loved one was and what their life meant to those left behind.
Can you speak us through the process you undergo when given a case involving insurance companies’ bad faith?
Typically my involvement with bad faith comes from being the lead attorney in the underlying tort case, in which an insurance company fails to settle the case within policy limits and protect its own insured from an excess judgment that could financially wipe out the insured. At the conclusion of the underlying case, the “wronged insured” (who had been the defendant who my client sued) makes an assignment of rights to my client who then is legally permitted to pursue full damages against the insurance company. From the outset in the underlying case, it is important to provide the insurance company with all the information they request, and any information I can anticipate they might need, and to document the file accordingly to prove I offered them a reasonable time to resolve the case once they had full knowledge of the risks posed to their client.
You completed a case that was the largest ever in Federal Tort Claims Act Case; can you speak on the challenges this case posed and how your expertise developed post this case?
The Bravo v. USA case was the largest Federal Tort Claims Act award ever at the time and remains the only case in which the US Government has been held liable for the acts of an independent contractor, which prevented the Government from shifting blame to a civilian doctor who carried insufficient insurance to compensate for this child’s injuries. In addition to these novel issues of agency and “legal employment”, the case required significant understanding of medicine, as it was a case against a military hospital for obstetrical negligence that resulted in catastrophic injuries to an unborn child. On a personal level, I was inspired by my client, who poured endless, tireless, selfless love into her child who would never see her, hear her, or recognise her. All she hoped in return was that her love and loving actions could provide him comfort during life. I still use that client as the yardstick by which I measure my own parenting skills.
After serving as an adjunct professor, what do you think is vital for aspiring lawyers to be aware of whilst training in the sector?
Be clear, be concise, and always be prepared. We all, including judges and clients, are strapped for time and have numerous demands on our attention at once. Know your case and the legal authorities cold. Get quickly to the point. Tell the judge what you want them to do – a lot of attorneys forget this obvious but often overlooked part of the argument.
As former Chair of the Civil Litigation Committee of the Dade County Bar Association and current Membership Chair of the Miami-Dade Chapter of the American Board of Trial Advocates, what changes do you think Civil Litigation should undergo to enhance the legal sector in your jurisdiction of practice?
Trial attorneys need a formal mentoring process, in which younger attorneys are paired with more experienced trial attorneys so that they get into the courtroom early and often under the tutelage of experienced, skilled attorneys. The average age of trial attorneys with real experience is getting older and older as it becomes harder for young trial attorneys to get the necessary experience to handle cases on their own or even as part of a team. In the long term, this will have devastating consequences on the legal system that relies on experienced advocates on both sides to achieve justice.
Mini Questionnaire – ‘Food for Thought’:
What has been your biggest achievement in the past 12 months?
Trying a case for the wrongful death of two college student pedestrians, that resulted in a verdict in excess of $8 million, and then working closely with bankruptcy counsel to collect on the verdict after the defendant tried to have the judgment discharged in bankruptcy. Because of our efforts, the parents of these students will have financial security in their golden years, and they were able to tell the story of their amazing children to a jury and know, through the verdict, that the jury understood and cared.
What do you want to achieve in 2017?
Continue to bring important, inspiring cases to the forefront of our profession, to effect positive change for my clients and the community.
What’s most important to you?
My ability to wake up every morning and know that I am changing lives for the better. My work is fascinating and intellectually stimulating, but the most important aspect for me is that it allows me to be involved in something I care about and am inspired by, and to fight for people I care about and am inspired by, and for causes I care about and am inspired by. It gives me purpose, and that gives me strength and energy to always fight one more day.
Notable Cases:
1.Bravo v. USA – Obstetrical negligence case against a naval hospital where the negligence resulted in catastrophic birth injuries that left the child vegetative. The award was the largest against the US Government in the history of the Federal Tort Claims Act, and the only time the government has been held liable for the acts of an independent contractor. As a result of the trial, US Senator Bill Nelson initiated an investigation of the hospital that resulted in its temporary closure while new protocols and protections were put in place.
- Chen/Liu v. Pequeño — My clients were engineering students who came to Miami from China for graduate school to make better lives for themselves and their parents. While legally crossing the street, they were hit by an inattentive driver who was not looking at the road. Because of their culture, the parents lost not only the children they loved and had sacrificed so much for, but also the source of support they had been counting on as they aged. With no social security or pension system, their golden years would have been spent destitute and in poverty. We achieved a substantial verdict and, when the defendant tried to discharge it in bankruptcy, brought in separate bankruptcy counsel and were able to recover substantial funds to protect the families.
- Opitz v. Reliable Carriers – My client was an 18 year old passenger in a car that drove into the back of a professional carrier truck that had been parked in the middle of the travel lane at 2:00 a.m. with no lights or reflectors. During deposition, my human factors expert testified to a procedure for taping the trucks with retro-reflective tape that would have alerted the driver that there was a truck in the road. Years later, driving through the Midwest, I saw a truck owned by the defendant with the exact safety tape pattern my expert had advocated. It was one of the most meaningful moments of my career. The roads were safer for everyone because of my work on that case.
Deborah J. Gander
Partner | Colson Hicks Eidson | 255 Alhambra Circle, Penthouse | Coral Gables, FL 33134 | tel: 305.476.7400
web: www.colson.com
I am Deborah J. Gander, a Board Certified Trial Attorney and Partner at a boutique trial firm, Colson Hicks Eidson. My practice specialises in catastrophic personal injury and wrongful death, medical negligence, products liability, and heavy trucking.
