Lou La Cava, Andrew Hudson and Jason Azzarone obtained a defense verdict in a medical malpractice case tried in Hillsborough County. The Plaintiff alleged that the Defendant performed an unnecessary eye surgery on a 28 year old woman which resulted in severe, intolerable, intractable eye pain which prevented her from working at the high paying job she had, doing normal daily activities, causing post traumatic stress disorder and severe depression and from taking care of her young daughter. They alleged this would continue for the rest of her life since none of the treatment she received for 5 years, according to her, relieved her eye pain. The defense position was the surgery was indicated based on all of her signs and symptoms. The defense also challenged the Plaintiff’s contention that she really was suffering from severe intractable pain. The plaintiff argued in closing argument for a verdict up to 15 to 20 million dollars. After an 8 day trial, the jury returned a defense verdict after just 10 minutes of deliberations. This is just another example of why certain cases must be tried in spite of a climate where there is fear about juries returning eight figure verdicts. When there is a meritorious defense, the defense attorneys are well prepared and the case is properly presented, jurors are very capable of determining justice can and should be a finding of no negligence and no money damages.

Lou La Cava and Andrew Hudson recently tried a case in Pinellas County in which, by the end of Plaintiff’s case, the Plaintiff dropped their demand to a number well below what the Defendants had offered prior to the start of trial. This case demonstrates the importance of a firm’s willingness to go to trial, even on a tough case with catastrophic damages. (loss of both arms and feet due to an infection). In this case, the defense was able to discredit plaintiff’s expert and client to the point that the plaintiffs’ attorneys became convinced they needed to settle the case for a number far below their demands before trial. The plaintiff, before trial, wanted many, many millions of dollars to settle the case. After the Plaintiff attorneys presented their case, which should have been their high point, the demands began to drop. Ultimately, they dropped their demand to a number even below what was offered before the trial began. While the clients were informed that we certainly anticipated a defense verdict, the clients felt it was best to avoid all risk and resolve the case in light of just how low Plaintiff’s demand had fallen. Therefore, the case resolved. As expected, when the jurors were released, they all said based on the evidence they had seen and heard, they all would have rendered a defense verdict. This was the case even though they had not even heard from the defense experts who would have reinforced the points the defense made during Plaintiff’s case. While we certainly would have been very happy to let this case go to a jury and notch another defense verdict for the firm, the clients’ decisions must always be respected and followed. The clients were extremely pleased with the result.

Jaclyn Jones recently obtained Final Summary Judgment in favor of a Defendant hospital in a case alleging violations of Florida’s similar statute to the Federal Emergency Medical Treatment and Active Labor Act (EMTALA), Fla. Stat. §395.1041. Plaintiff filed a Complaint against the Defendant hospital alleging that the Plaintiff was in an emergency medical condition and not appropriately screened for such prior to discharge relative to an alleged ongoing post-operative infection after receiving hip surgery during a 10-day hospital admission in violation of Fla. Stat. §395.1041. The Court heard arguments on the Defendant’s Motion for Summary Judgment and agreed that Plaintiff failed to timely provide an expert opinion in opposition to the Motion and timely disclose experts prior to the upcoming trial. Further, the expert opinion filed by Plaintiff in opposition to the Motion for Summary Judgment, even if it had been timely filed, failed to support a claim for violation of Fla. Stat. §395.1041. Based on the evidence provided by the Defendant, the Court also found that the Defendant hospital provided sufficient medical services to Plaintiff, including but not limited to, an emergency medical screening, examination, and evaluation, in compliance with Fla. Stat. §395.1041. Therefore, Defendant’s Motion for Summary Judgment was granted, and Final Summary Judgment was entered in favor of the Defendant hospital.

Jon Lynn and Cynthia Lynn obtained a defense verdict after an 8 day trial in Naples, FL. The Plaintiff, a 65 year-old woman, claimed that she had not given her voluntary informed consent for a spinal anesthetic to be used for her right knee replacement. She alleged that she had been rendered incontinent as a result of the anesthetic used. The Plaintiffs argued that the Defendants did not get her signature on a consent for anesthesia form that they said was required by the hospital for at least 10 years before the Plaintiff’s surgery. The Defendants claimed that there was no requirement that they obtain the patient’s signed, written consent for the administration of anesthesia and argued that their pre-anesthesia documentation included a reference to the Plaintiff’s voluntary consent to the administration of spinal anesthesia.

The Plaintiff did not argue that there was any negligence in connection with the actual administration of the spinal anesthesia. The claim was that there was a lack of consent and therefore, the spinal anesthetic should not have been used. If it was not used, they argued she would not have suffered the complication which requires her to catheterize herself 5-6 times a day. The Plaintiff’s position was that she had had a bad experience with an epidural anesthetic when she had delivered her children (30 years before her knee surgery) and testified that she had a heated argument with the Defendants during her pre-anesthesia evaluation, but ultimately gave in to the anesthesia team who insisted that she have a spinal anesthetic so that she could get her knee repaired. Neither of the Defendants (the anesthesiologist or the CRNA) nor the student nurse anesthetist who participated in the patient’s anesthetic management had an independent recollection of the surgery or the encounter with the patient which had occurred 9 years before the trial. Both the Plaintiffs’ and the Defendants’ called a series of expert witnesses to address the lack of consent, causation and damage issues in the case. The Plaintiff asked the jury to award close to two million dollars. After deliberating for 2 1/2 hours, the jury returned a total defense verdict.

Lou La Cava was successful in getting a Department of Health administrative complaint against a doctor dismissed. The case was sent to him from another firm who responded to the Florida Department of Health Administrative investigation letter asking that the case be dismissed. Unfortunately, probable cause was found and an administrative complaint against the doctor was filed. A formal hearing was requested. Lou took the deposition of the expert for the Florida Department of Health Administrative and was able to get some major concessions which significantly damaged the State’s case. Lou’s client and the expert he retained did an excellent job at their depositions. After discovery was completed, the Florida Department of Health Administrative attorney agreed to resubmit the case to the probable cause panel with a recommendation it be dismissed. The probable cause panel reconsidered its previous finding and issued a dismissal of the case.