Firm Results

In October 2019, Lou La Cava and Iva Valtcheva were successful in obtaining a voluntary dismissal with prejudice in a case against a physical therapist in Pasco County. The Plaintiffs alleged that the physical therapist was negligent in her care of the patient when she allegedly left her patient unattended and he suffered a fall, which resulted in an injury to his amputated limb, subsequent infection, revision of the initial amputation, and prolonged hospitalization and recovery thereafter. The defense argued that the incident did not occur as it was described by the Plaintiffs, that the physical therapist did not leave her patient unattended and that she did not breach the standard of care. It was further argued by the defense that the infection and need for the second amputation was not caused by the alleged fall; rather, the injuries claimed were the sequelae of Plaintiff’s long-standing health issues including diabetes and peripheral vascular disease. There were no offers made to settle the matter and the case was prepared for trial. After two years of zealously defending the physical therapy provided, the Plaintiffs voluntarily dismissed the matter with prejudice without any payment made on behalf of the physical therapist or her employer.

Jon Lynn obtained a defense verdict for an oral surgeon in West Palm Beach after a 5 day trial. The oral surgeon was sued because he allegedly extracted a wisdom tooth that did not need to be extracted and the patient sustained a nerve injury that would leave her with permanent pain and numbness of her left lower lip and chin. The patient had been referred to the oral surgeon by her dentist who had examined the patient the day before the extractions. He testified that although the patient needed her right lower wisdom tooth removed, her left lower wisdom tooth was “perfectly fine”. The oral surgeon contended that both lower third molars needed to be extracted and the patient suffered a known complication of wisdom tooth extraction. The jury deliberated for an hour before returning a defense verdict.

Lou LaCava and Marci Strauss obtained a defense verdict for a hospital and two pulmonologists in a 2 ½ week wrongful death medical malpractice case in Broward County, Florida. The Decedent was a 46 year old physician. It was alleged that the hospital and physicians should have intubated the patient upon arrival to the emergency room rather than utilize non-invasive BiPap to reverse severe respiratory acidosis. The Plaintiff alleged the BiPap caused air to accumulate in the patient’s bowels and as a result, the patient underwent abdominal surgery, developed multi system organ failure and later died. The defense argued BiPap was the appropriate treatment and the patient developed an injury to his bowels as a result of taking drugs at home which was a combination of prescribed and unprescribed medications. Lou and Marci also had to defend claims of nursing negligence and hospital policy and procedure issues. Also, due to vicarious claims against the hospital, the care of the emergency room physician and admitting physician had to be defended. The patient was survived by his wife and two minor children who had claims as survivors. Plaintiff’s counsel asked the jury to award over 20 million dollars. After hearing all of the evidence the jury returned a verdict finding the hospital and all 4 physicians were not negligent and that negligence was not the legal cause of the patient’s death.

Jon Lynn obtained a defense verdict for a dentist after a week-long trial in Miami. The dentist had been sued by a former patient who developed a life-threatening infection after the dentist had extracted four of her teeth to treat her chronic advanced periodontitis. The patient had to be hospitalized for almost a month, most of which she spent in the ICU on a ventilator. Her medical bills totaled almost $300,000. The Plaintiff claimed that the dentist misdiagnosed an obvious osteomyelitis of the mandible which resulted in the lengthy hospitalization. The defense argued that the infection represented a progression of the patient’s periodontal disease which occurred despite appropriate care by the dentist. The jury ultimately concluded that the dentist was not negligent and was not liable for the patient’s injury and damage.

Jason Azzarone was successful in arguing to the Second District Court of Appeal that the Trial Court did not err in denying the Plaintiff’s motion for directed verdict in Estate of Zaffuto v. St. Joseph’s Hospital, Inc., where the Second District Court of Appeal entered a Per Curium Affirmance. On Appeal, the Appellant argued that the Trial Court committed error by denying the motion, thus allowing the Defendant to present an empty chair defense.   Mr. Azzarone argued that the Trial Court’s denial was proper as there was conflicting evidence as to causation.  Mr. Azzarone also argued that contrary to the Appellant’s position, the Defendant never presented an empty chair defense, but rather, argued to the jury that the actions of the Hospital’s staff was not negligent.  Following oral argument, the Second District Court of Appeal agreed.

In a related appeal, the Plaintiff challenged the Trial Court’s award of costs.  Following oral argument, the Second District Court of Appeal entered a Per Curium Affirmance.