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Bradley P. Blystone

Shareholder
Managing Attorney, Orlando, FL Office ; Supervising Attorney for Health Care Liability Group - Florida Offices
Landmark Center One
315 E. Robinson Street, Suite 550
Orlando, FL 32801
(407) 420-4406
(407) 839-3008 - Fax
bpblystone@mdwcg.com

Bradley joined Marshall Dennehey Warner Coleman & Goggin in 2005 as a shareholder in the Orlando office, where he practices in the areas of medical negligence, amusement, sports and entertainment liability, premises liability, automobile liability and professional negligence. In 2008, Brad assumed the role of supervising attorney for the Health Care Liability Practice Group in the firm's Florida offices, and in 2017 he was named managing attorney of the firm's Orlando office.
 
Brad has 26 years of experience handling high-exposure medical malpractice cases in Florida. He has litigated numerous multi-party actions, particularly those involving medical negligence claims. In one instance, he brought a complex, multi-party actuarial case to successful resolution with a low payment by his client. The initial exposure was estimated in excess of $10 million. In another, he resolved a brain- damaged baby case after successfully striking the plaintiffs' expert with a Frye motion on the eve of trial. The plaintiffs initially demanded in excess of $23 million, and the case was resolved for a low six-figure amount.
 
Brad has successfully qualified multiple catastrophic brain-damaged baby cases under Florida's Birth-Related Neurologically Injured Compensation Act. Each case had a potential of millions to tens of millions of dollars in exposure to his client. There were no indemnity payments by his clients on any of the cases.
 
He handled an appeal that established the law in the state of Florida that an administrative law judge applying the Florida Birth-Related Neurological Injury Compensation Act has exclusive jurisdiction to decide notice, as well as compensability issues. Additionally, Brad established applicable law in the state of Florida extending Florida birth-related neurological injury compensation benefits to infants suffering post-birth resuscitative injuries, thereby precluding lawsuits against hospitals for those injuries.
 
Brad has handled matters for a multitude of clients, including: a multi-facility hospital chain in Orlando for 23 years, a large multi-national human resources consulting firm, the largest ambulance service in Central Florida, a city in auto liability cases for four years, the largest medical center in Volusia County for seven years, various property management companies in premises liability cases, a specialty insurance company in mental health claims and a large professional liability insurance company in long-term health claims.

Brad has also represented the Walt Disney World Company for 15 years on behalf of their theme parks, water parks and resorts. He has substantial experience handling high exposure claims involving general liability, premises liability, and retail theft.  His experience in the industry includes all facets of amusement, sports and recreation litigation as well as crisis management needs.  In one instance, he successfully litigated a claim on behalf of a theme park where the plaintiff alleged serious brain damage and lifetime disability following a nighttime altercation in a parking lot at park closing. Brad also lectures on various issues of interest to sports, recreation and entertainment venues, including water parks and amusement parks.
 
He is a frequent lecturer on medical topics, including confidentiality of medical records, informed consent and end of life issues. He is admitted to practice before all state courts in Florida, as well as the U.S. District Courts for the Middle and Southern Districts of Florida and the 11th Circuit Court of Appeals. He is a member of The Florida Bar, Orange County Bar Association, Central Florida Medical Malpractice Claims Council and the Florida Defense Lawyers Association. In 2011, Brad was named a Top Lawyer in the field of health care law by Orlando Home & Leisure magazine.

Brad obtained his Bachelor of Arts degree from the University of Miami in 1988, graduating cum laude with general honors. While majoring in English and politics and public affairs, Brad's scholastic achievements were recognized by his induction as a member of Phi Beta Kappa. Following his undergraduate studies, Brad attended the University of Florida College of Law, earning his juris doctor in 1991. In law school, he earned a Book Award in legal research and writing and also acted as a teaching fellow in criminal law.
 
Brad was a board member of the Make-A-Wish Foundation of Central and Northern Florida for a number of years. He volunteers with Habitat for Humanity, and also serves as a coach for the Catholic Youth League Flag Football and the Catholic Youth League Basketball. 

Significant Representative Matters

  • Defense verdict in jury trial on behalf of a major Orlando theme park, where the plaintiffs were seeking $1.2 million in past and future damages due to slip and fall injury. Defense strategy focused on lack of credibility of plaintiffs and their experts. Following the seven-day trial, the jury deliberated five hours before siding with the defense.

Representative Cases

  • O'Leary v. Florida Birth-Related Neurological Injury Compensation Association, 757 So.2d 624 (Fla. 5 DCA 2000)

  • Orlando Regional Healthcare System, Inc. v. Florida Birth-Related Neurological Injury Compensation Association, 33 Fla. L. Weekly D2563

Classes/Seminars Taught

  • Legal Roundtable Discussion on Safety in the Industry, Amusement Industry Manufacturers and Suppliers (AIMS) Conference, 2012

  • Winning the Battle of the Experts, Central Florida Medical Malpractice Claims Council, 2012.

  • Surviving a Medical Malpractice Lawsuit, Central Florida Medical Malpractice Claims Council, 2010

  • The Attorney-Client Privilege: An Impenetrable Shield?, American Society of Healthcare Risk Mangers, 2010

  • To Be or Not to Be? - Advance Directives and End of Life Issues, Village on the Green, 2010

  • Legal Implications of Charting, Orlando Health, 2010

  • Power of Attorney, Village on the Green, 2009

  • Risk/Liability Issues in the Front Office, Physician Office Managers Association of America, 2009

  • Ediscovery, Orlando Health, 2009

  • Informed Consent, Orlando Health, 2008

Published Works

  • "A Statuatory Primer: Birth-Related Neurological Injury Compensation Act," Florida Medical Business, March/April 2012

  • "Florida's Birth-Related Neurological Compensation Plan - A Statutory Primer," Florida Society of Healthcare Risk Management & Patient Safety Quarterly Newsletter, 2008

  • "Protecting Your Business from Frivolous Lawsuits," Human Resources, 2004

Education

  • University of Florida College of Law, Gainesville, FL (J.D., 1991)

  • University of Miami, Miami, FL (B.A., 1988)

    Honors: cum laude
    Honors: Golden Key Honor Society 

Defense Digest Article June 1, 2017
Defense Digest, Vol. 23, No. 2, June 2017 By Bradley P. Blystone, Esq.* Sitting in the heart of Central Florida, Orlando is a growing and vibrant metropolitan area known as “The City Beautiful.” With its combination of year-round sunny...,   Defense Digest, Vol. 23, No. 2, June 2017. Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not...
May 11, 2017
Obtained summary judgment on behalf of an optometrist in a medical malpractice case. ​The plaintiff alleged that she was neither informed of the elevated pressures in her eyes nor referred for a glaucoma evaluation by our client. She was later...
Apr 21, 2016
Obtained a defense verdict in favor of a major Orlando theme park following a seven-day jury trial. The plaintiff alleged that he slipped and fell on the handle of an unattended dustpan in the bathroom of a park pavilion. He was subsequently...
Feb 16, 2015
Defense counsel was specially retained by an insurer for a physician who was denied coverage/immunity under Florida's Birth-Related Neurological Injury Compensation Act for failing to timely provide notice of his participation to the patient....

Education

  • University of Florida College of Law (J.D., 1991)
  • University of Miami (B.A., cum laude, 1988)

Bar Admissions

  • Florida, 1991
  • U.S. District Court Middle District of Florida, 1991
  • U.S. District Court Southern District of Florida, 1991
  • U.S. Court of Appeals 11th Circuit, 1991

Associations & Memberships

  • Central Florida Medical Malpractice Claims Council
  • Florida Bar
  • Florida Bar Speakers Bureau
  • Florida Defense Lawyers Association
  • Orange County Bar Association

Honors & Awards


Fraternities/Sororities

  • Phi Beta Kappa
  • Phi Kappa Phi

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