120 So. 3d 215 (Fla. 5th DCA 2013)

In a tragic case, an infant died two days after birth when he contracted Group B Streptococcus. The trial court granted summary judgment in the hospital’s favor, and the Firm appealed that ruling. In reversing, the appellate court found that the Plaintiff could use its own pre-suit affidavits in opposition to the motion for summary judgment, and that the Plaintiff’s expert affidavit was sufficient to raise a material issue of fact on the issue of approximate cause.