BENJAMIN v. TANDEM HEALTHCARE, INC.

No. 4D10-881.

93 So.3d 1076 (2012)

Jodi BENJAMIN, as Personal Representative of the Estate of Marlene Gagnon, Deceased, Appellant, v. TANDEM HEALTHCARE, INC., a foreign corporation d/b/a Tandem Health Care of West Palm Beach, Inc., a Florida corporation, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied August 22, 2012.


Attorney(s) appearing for the Case

Rebecca Mercier Vargas and Jane Kreusler-Walsh of Kreusler-Walsh, Compiani & Vargas, P.A., West Palm Beach, and Jeffrey M. Fenster and Stacie L. Cohen of Fenster and Cohen, P.A., Sunrise, for appellant.

Sarah Finnegan , Daniel E. Dias , and Kari Aasheim of Mancuso & Dias, P.A., Tampa, for appellee.


HAZOURI, J.

Jodi Benjamin, as personal representative of the estate of her mother Marlene Gagnon (hereinafter "the Estate"), appeals a final judgment entered against the Estate and in favor of Tandem Healthcare, Inc. (hereinafter "Tandem") after a jury trial. The Estate raises three issues on appeal: 1) that the trial court erred in admitting a United States Food and Drug Administration (FDA) advisory concerning prescription medication Mrs. Gagnon was taking; 2) that...

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