Can a Person Marry Into Consortium Damages in a Wrongful Death Claim? Florida’s Fourth and Fifth District Courts of Appeal Are in Conflict

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As things stand, a spouse who marries a decedent post-injury cannot recover wrongful death damages in the Fourth District but can recover such damages in the Fifth District. All eyes are on the Florida Supreme Court to resolve the confusion, contradiction and uncertainty facing some Florida litigants related to wrongful death claims.

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About the Author: Traci T. McKee

As a product liability litigator, Traci McKee defends medical devices and pharmaceutical products that save lives and consumer products that enhance lives. She represents product manufacturers in complex, high stakes litigation such as mass torts and class actions, as well as single-plaintiff claims. With more than a decade of litigation practice, Traci has substantial experience in all phases of litigation from discovery through trial, having served as first chair and second chair in multiple jury trials. She understands the strategies and goals of the clients she represents and develops tailored litigation strategies focused on each client’s business goals.

About the Author: Lexi C. Fuson

Lexi Fuson litigates product liability cases in state and federal courts across the U.S. and Canada, including federal multidistrict litigation (MDL) and class actions. Lexi is experienced in complex litigation, as well as regulatory compliance and risk avoidance strategies. She has substantial experience drafting product warranties, including consumer product warranties under the Magnuson-Moss Warranty Act, product manuals and instructions, and product warnings. Lexi has also assisted with managing regulatory recalls and counseling clients on regulatory compliance, including compliance with CPSC, NHTSA and FDA regulations.