Lou La Cava obtained a summary judgment for his cardiac surgeon client in a wrongful death medical malpractice case filed in Hillsborough County. The plaintiff alleged the surgeon was negligent in delaying bypass surgery and in the technical performance of the surgery which resulted in the death of the patient who was a physician. Mr La Cava had previously represented a cardiologist who was a defendant in the same case and obtained a dismissal with prejudice without any settlement payment from him or his employer. The cardiac surgeon, who was then represented by another law firm, requested his file be transferred to La Cava. After clearing all conflicts the case was transferred. La Cava ultimately was able to convince plaintiff’s counsel to agree to an unopposed motion for summary judgment in favor of the cardiac surgeon and the court entered an order granting the summary judgment.

 

David Young and Jason Azzarone were successful in securing a summary judgment in a slip and fall negligence case filed in Pinellas county, in which the firm represented a the tenant of an office complex. The Plaintiff alleged that the tenant and landlord negligently maintained a handicap ramp on the property.  Mr. Young and Mr. Azzarone filed a crossclaim on behalf of the tenant against the landlord for breach of contract, common law indemnity and contractual indemnity based upon language contained in the lease agreement between the tenant and landlord which provided that the landlord was responsible for maintenance of all common areas and which further provided for indemnification of the tenant.  The Court granted motions for summary judgment in favor of the tenant on the negligence claims raised by the plaintiff as well as the crossclaim.  In granting summary judgment on the crossclaim, the Court also entered a final judgment awarding the tenant its attorneys’ fees.

Lou La Cava and David Young
obtained a dismissal of their client in a medical malpractice case filed in Duval County against multiple physicians and facilities. The Plaintiff alleged that the emergency medicine physician failed to properly diagnose an elongated QT Interval in a suicidal patient. The Plaintiff alleged that although properly Baker Acted, the Plaintiff should not have been medicated in the psychiatric facility given the underlying cardiac issue and that such medication caused the death. The defense of this physician was that his care did not cause the death of the minor Plaintiff. Although all of the other Defendants represented by other attorneys settled their claim, the Plaintiff filed a notice of dismissal of the claims as to the physician and no settlement was paid on behalf of the Defendant emergency medicine physician.

Lou La Cava and Iva Valtcheva tried a medical malpractice case in Hillsborough County which resulted in a hung jury. The Plaintiff underwent a laparoscopic cyst drainage which resulted in an undiagnosed small bowel injury. She became septic and went on to undergo amputations of all four of her extremities as well as a loss of all of her abdominal muscle due to infection.   Plaintiff alleged negligence in causing the perforation, not making an earlier diagnosis and failing to take her back to surgery sooner to repair the bowel.  The Plaintiff asked for in excess of 25 million dollars in economic damages alone. After a 7 day trial the jury was unable to  reach a unanimous decision.

Lou La Cava obtained a dismissal without any settlement payment for his radiologist client in a medical malpractice case filed in Hillsborough County. Plaintiff alleged the radiologist negligently read an MRI resulting in a delay in diagnosis of a spinal epidural abscess which led to plaintiff’s severe neurological damage. While co defendants in the case settled La Cava maintained his client’s interpretation of the MRI was well within the standard of care and was prepared to try the case if it was not dismissed. The plaintiff dropped the case against the radiologist without a settlement payment.