Lou La Cava and Justine Adamski obtained a defense verdict in a medical malpractice case tried in Hillsborough County. The Plaintiff alleged that the defendant OB/GYN was negligent in performing a laparoscopic uterine fibroid removal. The Plaintiff alleged that during the removal of the fibroid or while performing a lysis of adhesions the defendant burned the Plaintiff’s bowel with a harmonic scalpel or a bi-polar cautery device. The injury was not recognized intra-operatively. Two days later the Plaintiff developed severe peritonitis and had emergency surgery followed by numerous hospitalizations and IV antibiotic treatment. Plaintiff also alleged that scar tissue that developed after the complication limited her ability to have children. After a 7 day jury trial a verdict was returned finding the physician defendant not negligent.

Lou La Cava and Barbara Chapman obtained a defense verdict in a medical malpractice jury trial in Hillsborough County. The Estate sued a general surgeon who performed a laparoscopic appendectomy on a 14 year old. The patient passed away about 13 hours after surgery from an internal bleed. The Plaintiff alleged the surgical time of 15 minutes was too quick to assure hemostasis. Plaintiff also alleged the defendant failed to appropriately follow the patient postoperatively. After a week long trial the jury returned a verdict finding the defendant was not negligence and that negligence did not cause the patient’s death.

Lou La Cava and Justine Adamski obtained a defense verdict for their client in a wrongful death case tried in Hillsborough County. The Plaintiff alleged the defendant urologist was negligent in choosing to perform a robotic prostatectomy on a patient who had a coagulation disorder. Plaintiff further alleged that if the surgery was going to be performed, the patient should have been bridged with Lovenox to prevent the development of Deep Vein Thrombosis. The patient did develop DVTs after surgery and ultimately died. After a six day trial the jury returned a verdict finding the urologist was not negligent.

Lou La Cava and Damien Hoffman obtained a defense verdict in a medical malpractice case tried in Polk County. The Plaintiff alleged that the defendant, a family practitioner, was negligent in not sending the patient who presented with headache, fever and neck pain and stiffness to the emergency room to be worked up for meningitis. Two days later the patient’s symptoms got worse and she was diagnosed with a brain abscess. She had surgery, but ended up totally blind and with a brain injury. Plaintiff alleged the delay in diagnosis resulted in the injuries. After an 8 day trial the jury returned a verdict in favor of the defendant physician.

Jason Azzarone and Jonathan Ficarrotta were successful in securing a summary judgment in a negligence case filed in the United States District Court, Middle District of Florida, in which the firm represented a large hotel chain. The Plaintiff alleged causes of action for breach of express and implied warranties, negligence and strict liability stemming from being diagnosed with E Coli. Specifically, the Plaintiff alleged that she acquired E Coli after eating a cheeseburger in the hotel’s restaurant. A motion for summary judgment was filed on the basis that the Plaintiff could not establish via direct evidence that the cheeseburger was the source of the E Coli. Mr. Azzarone and Mr. Ficarrotta also argued that the Plaintiff could not, through expert testimony, establish the source of the Plaintiff’s E Coli exposure. The Court agreed and specifically held that as a matter of law, the Plaintiff could not establish causation and that her expert’s opinions were speculative. In granting summary judgment on behalf of the hotel, the Court held that while Plaintiff may have established that the cheeseburger was a potential source of E coli, based upon the evidence presented, a reasonable juror could only speculate as to whether it was the true cause, and that there was no adequate evidentiary basis to conclude that it is more likely than not that Plaintiff contracted E coli from the cheeseburger.