Intramed, Inc. v. Guider – Florida Statute § 415.1115 and the “Sword and Shield” Doctrine

In this pharmaceutical malpractice case, the plaintiff obtained an order under Florida Statute § 415.1115 to “advance the trial on the docket” as a result of the “age and health” of the plaintiff.  After expending the trial, the plaintiff herself was late in disclosing her damages expert to the defendant.  The trial court allowed the late disclosure but did not grant a continuance to allow the defendant to secure a rebuttal witness.  The appellate court reversed, holding that the plaintiff could not use the statute “as a shield from the consequences of late discovery disclosure and a sword to cut off the opposition’s ability to prepare for trial.” 

Intramed, Inc. v. Guider, 37 Fla. L. Weekly D1749a (Fla. 4th DCA July 25, 2012)