Medical Malpractice Case

Jonathon Lynn and Mandy Smith Obtain Defense Verdict in Collier County

Jonathon P. Lynn

Jonathon Lynn and Mandy Smith obtained a defense verdict after a six-day trial in Collier County. The Plaintiff, who had undergone a colonoscopy, vomited and aspirated immediately after his procedure while under the care of the CRNA and anesthesiologist. The Plaintiff alleged negligence on the part of both the CRNA and anesthesiologist in not preventing the aspiration. As a result of the aspiration, the patient was diagnosed with dysautonomia, a rare complication, and sought treatment from his Harvard–affiliated pulmonologist who testified at the time of trial. The pulmonologist had developed a life care plan for the Plaintiff that was expected to cost about $3,500,000.00 over the Plaintiff’s remaining life expectancy. In his closing argument, the Plaintiff asked the jury to award $4,000,000.00 in non-economic damages in addition to the economic damages. The jury deliberated 3 1/2 hours and returned a verdict for the Defendants finding they were not negligent in their care and treatment of the Plaintiff.