Former Dolphins WR OJ McDuffie's Malpractice Award Voided by Miami-Dade Judge
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- Lawrence, KS (1888PressRelease) September 02, 2014 - Former Miami Dolphins wideout O.J. McDuffie, whose career was marked by persistent toe injuries, sued prominent South Florida orthopedist Dr. John Uribe for medical malpractice, winning an $11 million award back in 2010. McDuffieblames Uribe for clearing him to play after sustaining a career-ending ligament injury in his big toe in 1999. Unfortunately for McDuffie, the verdict was tossed by Miami-Dade Judge Michael Genden who said he should not have allowed into evidence a medical manual. Uribe's lawyers also contended that the jury was unduly influenced by the testimony of NFL Hall of Famer Dan Marino, asserting that the jury was star struck by the Marino's presence.
The Third District Court of Appeal refused to rehear a decision made in 2012 mandating a new trial. Instead the DCA said it would wait for the retrial to decide the issue of entitlement to prejudgment interest.
What's your opinion about medical malpractice litigation by athletes involved in violent sports? Feel free to weigh in.
Of course, each case has its unique merits. However, when an individual is willingly involved in a violent occupation, should that be taken into consideration by the courts? In McDuffie's case, however, the issue is whether a physician erred in clearing the former Penn State All-American to play after sustaining what turned out to be a career-ending injury.
As many of you know, the National Football League (NFL) is embroiled in litigation with the NFL Players Association on the issue of how it has dealt with concussions in the face of evidence that repeated concussions have caused major brain injuries. In fact, in January 2014, a federal judge denied preliminary approval of a $765-million settlement of NFL concussion claims, saying that he feared that the amount of the settlement would not be enough to cover as many as 20,000 retired NFL players.
Taking this away from the legal sphere momentarily.
In light of the overwhelming evidence that concussive injuries sustained while playing football, would you be reluctant to let your child play high school football? Or even Youth League ball? Be sure to stay tuned to Needles.com for more interesting legal news and for the opportunity to express your opinion about issues that matter to you. And feel free to introduce new topics as grist for discussion. Don't hesitate to give us a call if you need assistance with your Needles Legal Case Management Software. We're always available to serve your immediate needs.
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