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Employee leave during the COVID-19 pandemic
Employee leave during the COVID-19 pandemic
EMPLOYEE LEAVE DURING THE COVID-19 PANDEMIC
Under “normal” circumstances, employee leave is governed by the federal Family and Medical Leave Act (FMLA) or a similar state law. More recently, though, in response to decidedly abnormal circumstances related to the rapid spread of the coronavi-rus across the United States, Congress passed the Families First Coronavirus Response Act (FFCRA). Among other things, the FFCRA provides for paid sick leave and expanded family leave for employees during this health crisis. This article explains the basic obligations of employers under these laws. If you have questions or concerns about employee leave for any reason, please call us.
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I. FAMILY AND MEDICAL LEAVE ACT OF 1993 (FMLA)
The Family and Medical Leave Act of 1993 (FMLA) allows eligible employees to take up to 12 weeks of unpaid leave over a 12-month period, to deal with specific family or medical events, including: • The birth of the employee’s child; • The placement of a child with the employee for adoption or foster care; • To care for the employee’s spouse, child or parent who has a serious health condition; • To care for the employee’s own serious health condition. Generally speaking, the FMLA applies to employers with 50 or more employees. In order to take FMLA leave, an employee must have worked for a covered employer for at least a year and worked at least 1,250 hours during the 12 months prior to the leave. A NOTE RE: STATE LAW COUNTERPARTS TO THE FMLA Many states have enacted laws similar to the FMLA. State law may provide for more expansive leave or be more employee-friendly than the federal law. If you would like to learn more about the law in your state, this compilation of state laws is a good place to start: https://www.nolo.com/legal-encyclopedia/ state-family-medical-leave-laws.
II. FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA)
While the FMLA can be a boon to employees and their families during “normal” times, that leave is unpaid and the eligibility requirements are too restrictive for many employees during this time of pandemic. The FFCRA attempts to address these issues with two related and significant employee-leave provisions: (1) the Emergency Paid Sick Leave Act; and (2) the Emergency Family and Medical Leave Expansion Act. GOVERNING PRINCIPLES The following principles apply to both the sick leave and the family leave provisions of the FFCRA:
• Most employers are “covered” employers. The FFCRA applies to employers who have less than 500 employees. Employers with 500 or more employees are exempt. In addition, in very limited circumstances, a smaller employer (one with fewer than 50 employees) may be exempt from providing paid leave to certain employees when doing so would “jeopardize the viability of the business as an ongoing concern.”
• Most employees are covered. Under certain circumstances, healthcare providers and emergency responders may be excluded from the paid leave allowed under the FFCRA. While the FMLA can be a boon to employees and their families during “normal” times, that leave is unpaid and the eligibility requirements are too restrictive for many employees during this time of pandemic.
• An employer’s obligation to provide paid leave expires at the end of 2020. The FFCRA is meant to provide temporary relief to workers during this time of crisis. The law went into effect on April 1. The paid leave provi-sions—emergency sick leave and family leave—apply to leave taken between April 1, 2020 and December 31, 2020. With those caveats in mind, the sick leave and family leave provisions of the FFCRA work as follows:
EMERGENCY PAID SICK LEAVE
The law requires employers to provide employees with up to two weeks of paid sick leave for coronavirus-related reasons, as follows: An employee is entitled to full sick-leave pay if the employee cannot work because:
• He or she is under a quarantine order or has been advised to self-quarantine; or
• He or she is experiencing COVID-19 symptoms and is seeking a medical diagnosis. Full-time employees can receive up to 80 hours of paid sick leave under the law. Part-time employees can receive paid sick leave for the average number of hours they work over a two-week period. When leave is taken for these reasons, sick-leave pay is capped at $511 per day ($5,110 total). An employee is entitled to paid sick leave, at a rate of two-thirds his or her regular rate, up to $200 per day ($2,000 total), if the employee cannot work because:
• The employee is caring for another person who is under quarantine; or
• The employee is caring for his or her child, whose school or childcare provider is closed or otherwise unavailable because of COVID-19 precautions. Note that, unlike the FMLA, there is no length-of-service requirement for employees to be able to access emergency paid sick leave. Moreover, employers must offer emergency paid sick leave in addition to any paid sick leave the employer previously made available to its employees.
EMERGENCY FAMILY AND MEDICAL LEAVE
The “Emergency Family and Medical Leave Expansion Act” allows an employee to take up to 12 weeks of “public health emergency” leave to care for the employee’s child if the employee cannot work because the child’s school or childcare provider is closed as a result of the COVID-19 public health crisis. The first ten days (two weeks) of this leave are unpaid, but an employee can opt to use Emergency Paid Sick Leave (or accrued paid sick leave or paid vacation or other accrued paid leave) during these first two weeks. The remaining ten weeks are paid leave, at a rate of two-thirds the employee’s regular rate of pay, up to $200 per day ($10,000 total). To be eligible for public health emergency leave, an employee must have worked for the employer for at least 30 calendar days prior to taking leave. Note, too, that this expanded, paid family leave is available only to employees who are not able to work because their child’s school or childcare facility is closed, or his or her childcare provider is unavailable, due to COVID-19. PRACTICALLY SPEAKING In practice, these two provisions of the FFCRA—emergency sick leave and emergency family leave—work together so that, depending on his or her circumstances, an employee could take two weeks of paid sick leave, followed by ten weeks of paid family leave, for a total of twelve weeks of emergency paid leave. Under no circumstances, however, can paid employee leave under these two provisions exceed 12 weeks.
III. ANSWERS TO COMMON QUESTIONS
1. HOW DO I COUNT EMPLOYEES TO DETERMINE IF THE FFCRA APPLIES TO MY BUSINESS?
The FFCRA applies to businesses with fewer than 500 employees, with limited exceptions for smaller businesses—those with fewer than 50 employees. Broadly speaking, the term “employee” includes anyone who is not an independent contractor. In determining whether you are a covered employer, you should count all full-time and part-time employees within the U.S., including employees on leave, shared employees (jointly-employed by you and another employer) and day laborers.
2. HOW DOES THE SMALL BUSINESS EXEMPTION WORK?
If your business has fewer than 50 employees, then you are not required to pay (a) sick leave to an employee because his or her child’s school is closed or childcare provider is unavailable due to COVID-19 or (b) emergency extended The first ten days (two weeks) of this leave are unpaid, but an employee can opt to use Emergency Paid Sick Leave (or accrued paid sick leave or paid vacation or other accrued paid leave) during these first two weeks. family leave, if making these payments would jeopardize the viability of your business. More specifically, to claim this exemption, you must be able to demonstrate that:
• Providing paid sick leave or family leave under these circumstances would put your business in the red (cause your expenses/financial obligations to exceed revenue) and result in the business being unable to operate at a minimal capacity; or • The employee seeking leave has special skills, responsibilities or knowledge, and his or her absence would put the business at risk financially or operationally; or
• You do not have enough qualified workers to keep your business operational if you grant leave to this employee (or employees).
3. CAN AN EMPLOYEE TAKE LEAVE UNDER BOTH THE FMLA AND THE FFCRA?
The short answer to this question is, “Yes, but…” This question highlights the fact that “sick leave” is distinct from “family and medical leave.” A qualified employee is entitled to Emergency Paid Sick Leave regardless of any FMLA leave he or she may have taken prior to April 1 (the effective date of the FFCRA). Emergency Family and Medical Leave (“public health emergency leave”) is treated differently. An employee is allowed a total of 12 weeks of family and medical leave in a 12-month period; that leave may take the form of traditional FMLA leave or emergency coronavirus-related family leave or some combination of both, but may not exceed 12 weeks in total. Paid sick leave is not family leave, so it does not count toward the 12 week total, unless the employee takes emergency paid sick leave during the first two weeks of his or her emergency family leave.
4. CAN AN EMPLOYEE TAKE MORE THAN 80 HOURS OF EMERGENCY PAID SICK LEAVE IF HE OR SHE MEETS MORE THAN ONE QUALIFYING CONDITION?
No. Emergency paid sick leave is capped at 80 hours (two weeks) for full-time employees and the average number of hours worked over a two-week period for part-time employees. This is true even if an employee qualifies for paid sick leave on more than one occasion. For example, if an employee takes two weeks’ emergency paid sick leave to care for his or her spouse, who is under a doctor-ordered quarantine for COVID-19, and, subsequently, the employee start to feel ill and is advised to self-quarantine, that employee cannot get another round of paid sick leave under the FFCRA.
5. I HAVE A PAID SICK LEAVE POLICY IN PLACE. CAN I COUNT EMERGENCY PAID SICK LEAVE UNDER THE FFCRA TOWARD THE PAID SICK LEAVE I ALREADY OFFER TO MY EMPLOYEES?
No. The paid sick leave mandated by the FFCRA is separate from and in addition to any paid sick leave you already offer under a company policy. Likewise, you cannot require an employee to use employer-provided paid leave (e.g., vacation, medical, personal or other leave), whether accrued or not, before or concurrently with emergency paid sick leave. Nor can you deny an employee emergency paid sick leave because that employee took paid sick leave prior to April 1 (the effective date of the FFCRA), even if that earlier leave was for a reason specified in the FFCRA.
6. IF I HAVE TO CLOSE MY BUSINESS (OR A PARTICULAR WORKSITE), DO I STILL HAVE TO PAY EMERGENCY SICK LEAVE OR FAMILY LEAVE?
Generally, no, but it depends on when your business closed and whether the employee was on leave at that time. More specifically: If you closed your business (or a particular worksite(s)) before April 1, 2020, when the FFCRA took effect, then you do not have to pay emergency sick leave or family leave. If you closed your business/worksite on or after April 1, 2020, you do not have to pay emergency sick leave or family leave to any employee who was not already on leave at the time the business/worksite closed, even if the employee had requested leave. You do, though, have to pay any emergency sick leave / family leave that is owed to any employee who already was on leave at the time of the closure. As of the date the business/worksite closes, your obligation to provide paid leave under the FFCRA ends.
7. DO I HAVE TO PAY FURLOUGHED EMPLOYEES EMERGENCY SICK LEAVE OR FAMILY LEAVE?
No. You do not have to pay emergency sick leave or emergency family leave to any employee who is furloughed because you do not have enough work or business to support that employee.
8. DO I HAVE TO CONTINUE TO PROVIDE HEALTH COVERAGE TO EMPLOYEES WHO ARE OUT ON EMERGENCY SICK LEAVE AND/OR EMERGENCY FAMILY LEAVE? Yes. If you provide group health coverage to your employees, you must maintain that same coverage for any employee who takes emergency paid sick leave or family leave. If you closed your business (or a particular worksite(s)) before April 1, 2020, when the FFCRA took effect, then you do not have to pay emergency sick leave or family leave. 7 EMPLOYER UPDATE: EMPLOYEE LEAVE DURING THE COVID-19 PANDEMIC
9. DO I HAVE TO HOLD A JOB FOR AN EMPLOYEE WHO TAKES EMERGENCY PAID LEAVE?
Generally, yes. An employee is entitled to come back to the same position, or an equivalent position, when he or she returns from sick leave or emergency family leave. However, under certain circumstances, the general rule may not apply to highly compensated (“key”) employees and small businesses (those with fewer than 25 employees). Return to work issues can be complicated. If you have questions, reach out to an experienced employment lawyer for guidance.
10. WHAT INFORMATION DO I NEED TO COLLECT AND MAINTAIN WHEN AN EMPLOYEE REQUESTS LEAVE UNDER THE FFCRA?
Good recordkeeping is critical. To protect your business and your employees, collect the following information from every employee who requests emergency paid sick leave and/or emergency paid family leave:
• The name of your employee requesting leave;
• The date for which leave is requested;
• The reason for the requested leave; and
• A statement from the employee that he or she is unable to work because of the reason for the requested leave. In addition, collect the following information from any employee who requests sick leave on a quarantine-re-lated basis:
• The name of the government official/agency that issued the quarantine order, if the individual, personally, is under a quarantine order or is caring for a person subject to a quarantine or isolation order; or
• The name of the healthcare provider who advised the employee to self-quarantine. In addition, collect the following information from any employee who requests leave to care for his or her child whose school is closed or whose childcare provider is unavailable due to COVID-19:
• The name of the child needing care;
• The name of the school/daycare center or place of care that is closed, or the name of the childcare provider who is unavailable; and • A statement from the employee that no other appropriate childcare option is available. Note: You should collect and keep all of this information regardless of whether the employee is granted or denied leave. Finally, tax credits are available to employers that provide paid leave under the FFCRA. In order to claim these credits, you will need to provide the IRS with the information required to complete the necessary forms. To learn more about these tax credits and the information you need to obtain from your employees, visit https://www.irs.gov/newsroom/ covid-19-related-tax-credits-for-required-paid-leave-provided-by-small-and-midsize-businesses-faqs.
The period between Memorial Day and Labor Day is historically the most dangerous time of year for teen drivers. Some research shows up to 30% of all teen driving fatalities occur during the summer months. Teen drivers lack experience, and the summer months provide multiple reasons for increased risk. Not only is there more daylight and warmer weather, but most teens are out of school and have more free time to be behind the wheel. Here are five safety tips for your teen driver to practice, not just in the summer months but all year long. 1. Avoid Distraction . Research shows as high as 60% of all teen vehicle crashes involve driver distraction. One common misconception is that cell phones are the number one cause of distraction for teen drivers but that is actually not the case. Other passengers create more distractions for teen drivers than any other source. 2. Buckle Up . It is discussed so often that it may seem trite but seatbelt use is proven to reduce fatality rates in motor vehicle accidents. but data shows buckling up can reduce the risk of fatal injury by as much as 45%. 3. Impaired Driving . As high as 15% of all teen driving fatalities involve a blood alcohol content of more than twice the legal limit. 4. Limit Passengers. Most states, including Alabama, have graduated license laws restricting the number of passengers in vehicles operated by teen drivers. Literally all available data associates fewer passengers with lower fatality rates in motor vehicle accidents involving teen drivers. 5. Reduce Nighttime Driving. The fatal crash rate of 16-19-year-olds is nearly 400 times higher at night than during the day.
Identity theft affects millions of people each year and can cause serious harm. Protect yourself by securing your personal information, understanding the threat of identity theft, and exercising caution. Here are 10 things you can start doing now to protect yourself and your loved ones from identity theft: Protect your Social Security number by keeping your Social Security card in a safe place at home. Don’t carry it with you or provide your number unnecessarily. Be careful when you speak with unknown callers. Scammers may mislead you by using legitimate phone numbers or the real names of officials. If they threaten you or make you feel uneasy, hang up. Create strong, unique passwords so others can’t easily access your accounts. Use different passwords for different accounts so if a hacker compromises one account, they can’t access other accounts. Check out the Federal Trade Commission’s password checklist for tips. Never give your personal or financial information in response to an unsolicited call or message, and never post it on social media. Shred paper documents that contain personal information, like your name, birth date, and Social Security number. Protect your mobile device from unauthorized access by securing it with a PIN, adding a fingerprinting feature, or using facial recognition. You can also add a password and adjust the time before your screen automatically locks. Regularly check your financial accounts for suspicious transactions. You can also request and check a free credit report from each of the three credit bureaus every year: TransUnion , Equifax , and Experian . Avoid internet threats by installing and maintaining strong anti-virus software on all your devices—including your mobile device and personal computer. Use a virtual private network (VPN) to stay safe on public Wi-Fi. Do not perform certain activities that involve sensitive data, like online shopping and banking, on public Wi-Fi networks. Protect yourself on social media by customizing your security settings and deleting accounts you no longer use. Also, double-check suspicious messages from your contacts, as hackers may create fake accounts of people you know. Never click on any link sent via unsolicited email or text message—type in the web address yourself. Only provide information on secure websites.
Every accident case is different. Some settle more quickly than others. However, it is not uncommon, for a personal injury case to take a year or more to resolve after the case has been filed in court. Evaluating the Injury Prior to filing a lawsuit, it takes time to determine the full extent of your injuries. Doctors are often unable to give an opinion about the seriousness of an injury until your condition has stabilized. In serious injury cases, it may even take a year after the accident before your doctor can say whether or not your injuries are permanent. It is extremely important to take the necessary time to fully evaluate your injuries. You have only one chance to prove the extent to which you have been harmed. Once you accept a settlement offer, that decision is final. You cannot go back and ask for more money if you later find out your injuries are more serious. An experienced personal injury attorney knows how to keep your case moving through the legal system. Your personal injury case may move through these stages: 1. Written Discovery The written discovery period can last over six months. You will be asked to answer written questions (interrogatories) under oath. You will also be asked to produce documents or authorize others to produce documents such as accident reports and medical records. 2. Depositions During a deposition, you will be asked questions under oath. A court reporter types a record of everything that is said. Not only will you be questioned about the accident and your injuries, you will be asked questions about what your health, education, and work were like before the accident. 3. Mediation and Settlement The Court almost always requires a settlement conference or mediation before personal injury cases can go to trial. At mediation, a neutral trained mediator goes over the issues and evidence with the parties to help guide them toward a settlement agreement. 4. Trial If your case does not settle and goes to trial, a jury decides what your injury is worth. It can take eighteen months or longer to get the trial scheduled. Once the trial is over, there may be further appeals and motions. It's possible for the parties to settle the case during trial or even after trial in order to end an appeal. Your best strategy is to contact an attorney with experience in handling personal injury cases. Your attorney can give you an estimate about the length of time it takes to resolve your type of case. Also, ask your attorney to give you frequent reports on the status of your case so you know that your case is making its way through the legal process. It's understandable that you may be frustrated at the speed your case seems to be moving. However, you should never rush to take the first settlement offer made by an insurance company. The first offer is rarely your best settlement offer. .
Distracted driving has been on the increase for the last several years and continues to be one of the leading causes of vehicle accidents throughout the United States. If you are texting and driving down the highway at 55 mph, that’s like traveling the length of a football field with your eyes closed. You can only drive safely when your full attention is on the road. Any activity that isn’t related to driving is a potential distraction and increases your risk of a collision. While most research points to a mobile phone as the number one culprit, it is far from the only activity potentially stealing a driver's attention. Eating or drinking, grooming, radios, other passengers - especially children, and even pets can also be significant factors. Distracted driving accidents are preventable 99% of the time. Driving can become mundane at times, but we all must remember when driving we have an obligation to the safety of not only ourselves but those who ride with us and other drivers we share the road with. Some studies show listening to podcasts or certain types of music can enhance our concentration. It’s important to practice safe habits behind the wheel. You want to make sure that your passengers know how serious you are about driving without distractions. One of the most effective ways to lead is through example. Be a good example for your friends and family by avoiding driving while you’re distracted.
We see this question all the time. The injured party doesn’t want to use their own health insurance to pay for an injury. They believe it is the responsibility of the person at fault to pay for their medical bills. That may feel like the right position for an accident victim to take but the truth is, most of the time the injured party will end up with a larger settlement if they do, in fact, use their own medical benefits. Here's why; Health insurance companies have a negotiated price for medical services that is about 15 percent less than what people have to pay who don’t have health insurance. If your medical bills are $50,000.00 but Blue Cross Blue Shield pays $15,000.00 and the person who caused the wreck has $50,000.00 in liability coverage, that leaves $35,000.00 available for the injured party versus $0.00. Generally speaking, Blue Cross Blue Shield will reduce the $15,000.00 to $10,000.00 leaving $40,000.00 available. The point is that there’s more money available when you take advantage of your healthcare negotiated rates whether it’s United Health Care, Medicare, Medicaid, or Blue Cross Blue Shield. More money is better. Using your health insurance to pay your medical bills if you are injured, will almost always end up maximizing your settlement.
Once you reach the age of 65 you have many more options than before. As you know if you go on Medicare and you are under the age of 65 your options for health plans are limited. When you turn 65 you will have another open enrollment period to sign up for any plan you wish to get. In other words, just because you are already on Medicare does not prohibit you from having all the options a person not on Medicare and turning 65 would have.
This is one of the questions we get asked the most. In most cases, the answer to this is “no”. When you turn 65, if you are still working and on your employer’s health insurance plan you probably will not need Medicare Part B. I say probably because most employer plans do not file on Medicare if you have a claim. Because you have to pay a premium for Part B, Medicare does not require a person to sign up for Part B as long as you are on your employer’s plan. Also, because the rules can differ for companies with less than 20 employees, the safest thing to do is check with the benefits coordinator at your place of employment for guidance or call us at our office.
Social Security: 3 main reasons why the Government can deny Disability Benefits
For many working Americans, when the unexpected happens and they can no longer work due to a serious medical condition, Social Security Disability Insurance (SSDI) benefits can be a financial lifeline. Most American workers contribute to Social Security through federal payroll taxes. Social Security is designed for income during retirement years however if an individual’s working years are cut short by a severe, long-term illness or injury, they may need income before reaching retirement age. For many who find themselves in these circumstances SSDI provides monthly financial assistance. Seven facts every American should know about the SSDI program 1. SSDI is coverage that workers earn. If an individual has paid enough Social Security taxes through their lifetime earnings, SSDI is intended to provide support by replacing some of their income when they become disabled and unable to work. 2. The Social Security Administration (SSA) has a strict definition of disability. The SSA considers a person disabled if they can’t work due to a serious medical condition that is expected to last at least one year or result in death. SSDI is intended as a long-term solution and is not intended to offer temporary or partial disability benefits. 3. Disability can happen to anyone at any age. Serious medical conditions, such as cancer and mental illness, can affect the young and elderly alike. Studies prove one in four 20-year-olds will become disabled before retirement age. As a result, they may need to rely on Social Security disability (SSDI) benefits for income support. 4. SSDI payments help disabled workers to meet their basic needs. SSDI is not and was never intended to be a full wage replacement. The average monthly Social Security disability benefit is $1,280, as of April 2021, which is intended to allow an individual who has become disabled to meet their basic needs. 5. Social Security works aggressively to detect and prevent fraud. Every American worker who pays federal taxes invests in SSA. The agency is committed to protecting their investment by taking a zero-tolerance approach to fraud. The agency claims a fraud incidence rate that is a fraction of one percent. 6. SSA helps people return to work without losing benefits. Often, people would like to re-enter the workforce. However, many worry they will lose disability benefits if they try working again. They may also fear losing benefits if they are unsuccessful in returning to work. The agency has many programs designed to connect an individual to free employment support services while helping them maintain benefits, such as health care. 7. Millions of disabled Americans depend on SSDI benefits. Nearly 10 million disabled workers and their spouses and children receive benefits through SSA.
A circuit judge in Sarasota ruled Monday that the verdict in a legal malpractice case against the Morgan & Morgan law firm should stand. The judge also denied Morgan & Morgan’s motion for a new trial and another motion to reduce the $5 million award determined by the jury. Attorney Donald St. Denis of St. Denis & Davey in Jacksonville, who represented the plaintiffs in the malpractice lawsuit, said Friday he has a hearing scheduled Tuesday in Sarasota on a motion to award his firm $1.6 million in attorney’s fees and costs. “We’ve been working on this for two years. I’ve got a ton of time in this case,” he said Friday. St. Denis made offers on behalf of his clients in August 2016 and again in January 2017 for $2.5 million and $4 million, respectively, to settle the malpractice suit before going to trial, but Morgan & Morgan’s counteroffer was only $1,000, he said. Morgan & Morgan intends to appeal the jury’s verdict. John Morgan “This case is a long way from over,” John Morgan said Friday in an email response. “We defended this case because we think we are right. And we will continue fighting it because we still believe we are right. We fully expect to win outright on appeal and have a judgment in our favor entered by the appellate courts.” St. Denis represented Shawna and Rock Pollack in the malpractice action related to Morgan & Morgan’s handling of a personal injury case the couple filed after their child was permanently injured during birth. On Oct. 17, a jury in circuit court in Sarasota County found that Morgan & Morgan attorney Armando Lauritano was 100 percent responsible for Shawna and Rock Pollock losing their rights to a medical malpractice claim against a Sarasota obstetrics practice, a nurse midwife and the hospital where their child was born. The case began Nov. 2, 2006, when Shawna Pollock was admitted to Sarasota Memorial Hospital to give birth. After she was given a hormone to induce labor, the unborn infant began to experience slowed fetal heartbeat and Pollock began writhing in pain. By the time an emergency cesarean section was performed, Pollock’s uterus had ruptured, depriving the fetus of oxygen, which caused permanent brain damage. After the birth, the Pollocks contacted Morgan & Morgan. An investigator from the firm met the couple at Ronald McDonald House, where they were staying while their infant son was in All Children’s Hospital in Tampa. On Feb. 17, 2007, the Pollocks agreed to be represented by Morgan & Morgan. They agreed to pay the firm up to 40 percent of a recovery up to $1 million, 30 percent between $1 million and $2 million and 20 percent of recovery in excess of $2 million. St. Denis argued to the jury that Morgan & Morgan was focused on collecting a large fee for the child’s brain injury claim to the point that its representative failed to provide the required presuit notice of claims for injuries sustained during the delivery by Shawna Pollock, including that she no longer is able to have children. After it became clear that the baby would qualify for no-fault benefits from the Florida Birth-Related Neurological Injury Compensation Association, and after the statute of limitations period for submitting notice the Pollocks intended to seek compensation for their personal loss had expired, Morgan & Morgan withdrew from representing the Pollocks. The jury found that the OB-GYN practice, the nurse midwife and Sarasota Memorial Hospital were negligent in the care of Shawna Pollock. The medical practice and nurse midwife were found by the jury to be liable for $4.5 million in damages and the hospital was found liable for $500,000 in damages, if the Pollocks had not lost their rights to sue for damages. In its $5 million verdict, the jury further found that Lauritano was negligent in his handling of the Pollocks’ interests, that the Pollacks did not freely and intentionally give up their right to seek compensation from the physicians and hospital and that Lauritano was liable for the loss they incurred. original article https://www.jaxdailyrecord.com/article/court-upholds-dollar5-million-malpractice-verdict-against-morgan-and-morgan