Results

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 Barbara Chapman obtained a defense verdict in a medical malpractice case tried in Pinellas County. The plaintiff alleged that the defendant neurologist negligently diagnosed the plaintiff with a stroke when she actually was suffering from a spinal epidural abscess. The plaintiff argued that had the diagnosis been made sooner the plaintiff would not have suffered severe neurological deficits which have confined her to a wheel chair since 2008. After a 6 day trial the jury returned a verdict finding the Defendant physician not negligent.

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 Jim Wetzel obtained a defense verdict in a jury trial held in Pinellas County. The Plaintiff alleged that the defendant, internal medicine physician, was negligent in diagnosing the patient with rheumatic fever. They also alleged negligence in treating the patient with high dose aspirin in light of the patient being anemic. Plaintiff argued the defendant then failed to diagnose an ongoing GI bleed which ultimately led to the death of the 27 year old patient. After a 5 day jury trial the defendant was found 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.

Lou La Cava and Damien Hoffman obtained a defense verdict in a medical malpractice case tried in Citrus County. The Plaintiff alleged that the defendant surgeon performed an unnecessary above the knee amputation. The amputation was performed due to acute ischemia. The Plaintiff alleged that the surgeon should have performed a bypass procedure instead of the amputation. While the surgeon did consider performing a bypass, he ultimately decided the safer procedure would be the above the knee amputation. After a six day trial the jury returned a verdict finding the doctor was not negligent.

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.

Lou La Cava and Justine Adamski obtained a defense verdict for their client in a medical malpractice case tried in Bradenton, Florida. The Plaintiff alleged that the defendant, a family practice physician, was negligent in diagnosing bronchitis and chest wall pain instead of working up the patient for acute coronary syndrome when he was evaluated at an urgent care center. The patient had a heart attack about four days later and ultimately passed away 12 days after his heart attack. The jury returned a verdict finding the defendant was not negligent.

Lou La Cava and Karen Mallin obtained a defense verdict in a medical malpractice case in Polk County. The Plaintiff alleged the Defendant internal medicine physician was negligent in failing to properly evaluate, monitor, treat, and diagnose the patient with a retroperitoneal hematoma and liver disease resulting in his death. After an 8 day trial the jury returned a verdict finding there was no negligence that was a legal cause of the patient’s death.

Lou LaCava and Barbara Chapman obtained a defense verdict for a medical malpractice wrongful death case tried in Hillsborough County. The Plaintiff alleged the defendant cardiologist was negligent in failing to hospitalize a patient and perform a cardiac catheterization when he presented to the office with a change in the intensity of his angina and also said his nitroglycerine was taking longer to work. He was given another medication for his heart pain and a stress test two to three weeks later was planned. He had a cardiac arrest four days after the office visit and died 8 days later. After a four day trial, the jury returned a verdict finding the cardiologist was not negligent and did not cause the patient’s death.

Barbara Chapman obtained a dismissal for her client in a medical malpractice case. The Plaintiff alleged the physician was negligent by replacing a pacemaker in a previously infected site. The Plaintiff agreed to dismiss the Defendant from the case prior to trial.

Lou La Cava and David Young obtained a defense verdict for their client in a medical malpractice wrongful death case tried in Pinellas County. The Plaintiff alleged that the defendant emergency room physician was negligent in his treatment of the patient resulting in her death from pulmonary embolism. The jury returned a verdict for the defense finding the physician was not negligent.

Lou La Cava and Jim Wetzel obtained a defense verdict in a wrongful death case tried in Hillsborough County. The Plaintiff alleged that the Defendant surgeon inappropriately evaluated and treated the patient who had an infection and fecal impaction. After a 5 day trial the jury returned a verdict for the defense finding no negligence on the part of the surgeon which was a legal cause of the decedent’s death.

Lou LaCava obtained a dismissal for his client in a medical malpractice case. The Plaintiff alleged the physician was negligent in failing to diagnose a ruptured spleen on a CT scan. The Plaintiff agreed to dismiss the Defendant from the case prior to trial.

Lou LaCava and Jim Wetzel obtained a dismissal of their client from a lawsuit prior to trial. The Plaintiff alleged that the physician was negligent in not determining that the Plaintiff was wrongly diagnosed with cancer. After litigating the case for a number of years, the Plaintiff dismissed the case a week before it was set for trial.

Lou LaCava and Karen Mallin obtained a dismissal of their client in a wrongful death case. The Plaintiff had alleged that the Defendant was negligent in failing to diagnose the Plaintiff’s heart disease which led to her death. The Plaintiff agreed to dismiss the case prior to trial.

Lou LaCava and Justine Adamski obtained a defense verdict for a physician and a CRNA in a wrongful death case in Hillsborough County. The Plaintiff alleged that the defendants negligently handled the airway of a patient which resulted in a respiratory arrest. After a 7 day trial the jury returned a verdict finding both defendants were not negligent.

Lou La Cava and Barbara Chapman obtained a defense verdict for a hospital in a case wherein it was alleged the hospital nurses were negligent in failing to appropriately turn a patient resulting in a worsening of a sacral pressure ulcer. After a 5 day trial the jury returned a verdict finding the hospital nurses were not negligent.

Lou La Cava recently obtained a ruling in his client's favor in an administrative hearing. The administrative complaint filed by the Department of Health alleged that the physician performed the wrong surgery, practiced below the standard of care and did not appropriately document the medical chart. The administrative law judge found in favor of the physician, and the order was accepted by the Board of Medicine.

Lou La Cava and Justine Adamski obtained a defense verdict in a medical malpractice wrongful death case alleging a delay in diagnosis and treatment of a pulmonary embolism.

Jason Azzarone and Kari Jacobson obtained a defense verdict in a negligence case against a major hotel chain in the United States District Court, Middle District of Florida. The Plaintiff alleged that the hotel was negligent in the design and maintenance of its docks, resulting in the sinking of his yacht. The Defendant maintained that the docks were properly designed and maintained, and further argued that the incident was caused by an Act of God. Following a five day trial, the jury returned a verdict, agreeing that the incident was caused by an Act of God.

Jason Azzarone and Barbara Chapman were successful in arguing to the Second District Court of Appeal that the trial court erred in denying a motion to dismiss for failure to comply with the medical malpractice presuit screening requirements in Corbo v. Garcia, 949 So. 2d 366 (Fla. 2d DCA 2007). The Plaintiff allegedly received burns to her arms when she was connected to a physical therapy machine that provided electrical stimulation. The Plaintiff brought a negligence action against the physical therapist and his practice alleging failure to properly maintain the machine. The Second District Court of Appeal agreed that the Plaintiff's claim arose out of the rendering of medical treatment and thus was subject to the presuit screening requirements.

Lou La Cava and Karen Levine received a dismissal with prejudice of a medical malpractice wrongful death case scheduled for trial. The case had been litigated for three years. The Plaintiff alleged the Defendant was negligent for giving the post cardiac bypass patient IV Lopressor which led to profound and prolonged hypotension. The defense maintained that the drug choice was appropriate and that the patient's problem was really a myocardial infarction that occurred prior to the administration of Lopessor. Plaintiff's counsel made numerous settlement demands and no offers were made as the defense was ready to try the case. The Plaintiff decided to dismiss the case rather than go to trial.

Lou La Cava and David Young obtained a defense verdict in a wrongful death case tried in Pinellas County. The Plaintiff alleged the Defendant emergency room doctor failed to closely monitor a patient who arrived in the emergency room with atrial fibrillation and tachycardia. She did not want electrical cardioversion, so attempts were made to convert her to a normal sinus rhythm with medications. While medications were infusing, the patient had an unwitnessed cardiac arrest. While they were able to resuscitate the patient, she ended up with brain damage and ultimately died. She was 39 years old and had four minor children. The jury returned a verdict finding the emergency room doctor was not negligent.

Lou La Cava and Justine Adamski obtained a defense verdict after a two-week trial. The Plaintiff alleged that the Defendant cardiothoracic surgeon who performed a 5-vessel bypass surgery negligently failed to restart heparin when the Plaintiff developed acute bilateral lower extremity ischemia. The Plaintiff also claimed the pulmonologist who was consulted due to respiratory problems was also negligent (the pulmonologist was represented by another attorney). The Plaintiff had been placed on heparin for deep vein thrombosis and was taken off the heparin due to a suspected GI bleed. The Plaintiff ended up requiring bilateral below-the-knee amputations. After approximately an hour and fifteen minutes, the jury returned a verdict finding the defendant physicians were not negligent.

Lou La Cava and Justine Adamski received a defense verdict after a 6-day trial in Sebring, Florida. The Plaintiff alleged that the Defendant was negligent for performing an endoscopic retrograde cholangiopancreatography (ERCP) which they argued was not indicated. Plaintiff also alleged the procedure which could not be completed was performed negligently and resulted in the complication of acute pancreatitis. Finally, the Plaintiff argued that the complication was negligently treated resulting in the death of the Plaintiff. The Plaintiff asked for nearly 3 million dollars in damages. The jury returned a verdict in less than two hours finding that the Defendant was not negligent.

Lou La Cava and Justine Adamski obtained a dismissal of their client after two weeks and one day of trial. The Plaintiff alleged that the Defendant was negligent in not diagnosing and treating a pulmonary embolism resulting in death. The decedent left three survivors. The Plaintiff continued to try the case against the remaining defendants.

Lou La Cava and Jim Wetzel obtained a defense verdict in a case tried in Hillsborough County. The Plaintiff alleged that the Defendant was negligent in not timely diagnosing an esophageal tear. Plaintiff alleged permanent injuries, scarring, loss wages and pain and suffering. The jury returned a verdict finding the doctor not negligent.

Lou La Cava and Kari Jacobson obtained a defense verdict in a case where the Plaintiffs alleged that a delay in performing a c-section caused the baby to be born with brain damage. The Defendants argued that the child was born with autism as a result of developmental malformations in the first or second trimester of the pregnancy. After a 7-day trial the jury returned a verdict finding the two doctors involved in the care of the patient not negligent. The jury returned the verdict after 40 minutes of deliberations.

Lou La Cava and David Young obtained a defense verdict in Pinellas County. The Plaintiff alleged the Defendant was negligent for not diagnosing a ruptured Achilles tendon resulting in permanent injury due to the delay. The jury determined that the Defendant was not negligent, returning a verdict for the defense.

Lou La Cava and Kim Thresher obtained a defense verdict in a two-week case in Clearwater, Florida. The Plaintiff alleged that the Defendant neurologist failed to order a brain MRI while treating the Plaintiff for a history of headaches and neck pain. The Plaintiff was ultimately diagnosed with a very large pituitary tumor which could not be totally removed due to its size and involvement with other structures. The Plaintiff asked the jury to award in excess of 10 million dollars. The jury returned a verdict finding the Defendant not negligent.

Lou La Cava obtained a defense verdict in a case tried in Hillsborough County. The Plaintiff alleged the Defendant did not aggressively treat an infection after abdominal hernia surgery with mesh. Plaintiff went on to have his mesh removed resulting in loss of abdominal domain requiring additional surgery. Plaintiff alleged since the surgery he was totally disabled with chronic pain. In defense it was argued that the infection was appropriately treated, but in spite of that the mesh infection could not be cured which is a known complication of the procedure. The jury found no liability on the part of the Defendant.

Lou La Cava and David Young obtained a defense verdict in a wrongful death case that also included claims by four family members of intentional infliction of emotional distress arising out of the manner in which they discovered that the decedent had died. The Plaintiffs alleged that our insured physician negligently failed to diagnose a lacerated spleen leading to death in the emergency room 4 hours after arrival. The defense successfully argued that our insured physician appropriately considered the rule-out diagnosis of lacerated spleen but the radiologist misread the CT as showing no solid organ injury. The defense also emphasized that trauma surgeons had decided to admit the patient for observation and that it was the hospital whose employees showed the family the decedent's body without them knowing he was dead. The Plaintiffs asked the jury for a verdict in the multi-millions. The jury returned their verdict finding no liability on the part of our insured physician on both the wrongful death claim and the intentional infliction claim in just under two hours.

Jason Azzarone was successful in securing a summary judgment in a premises liability case in which the firm represented a large hotel chain. The Plaintiff alleged that he was legally on the premises. While on the property, the Plaintiff slipped and fell, suffering an injury to his shoulder which required surgery. A motion for summary judgment was filed on the basis that the Plaintiff's status on the property was that of either a trespasser or an uninvited licensee as he was not on the property for any purpose for which it was intended. Mr. Azzarone also argued that there was no evidence of a breach of duty owed to the Plaintiff. The Court agreed and specifically held that as a matter of law, the Plaintiff was not on the property for any purpose for which it was intended and therefore, his status was either that of a trespasser or an uninvited licensee. In light of this finding, and in light of the fact that there was no record evidence of any breach of duty owed to the Plaintiff, the Court granted final summary judgment on behalf of the hotel.

Lou La Cava and David Young obtained a defense verdict in a case wherein the Plaintiff alleged that he developed a compartment syndrome after removal of the fibula to reconstruct his jaw resulting in an above-knee amputation of his right leg. Plaintiff claimed this should have been diagnosed earlier and, if so, his leg could have been saved. Although our insured physician mentioned compartment syndrome as a contributing cause of the patient's problem, it was argued at trial that a post-operative infection led to the amputation. The jury returned the defense verdict in 30 minutes.

Lou La Cava and Malinda Lugo received a defense verdict in the case wherein the Plaintiff alleged that our insured physician used an obsolete method of closing the pulmonary artery when he performed a pneumonectomy on the Plaintiff. The suture and suture ligature he used came off and the patient bled to death. The Plaintiff further argued that because our insured physician was a general surgeon rather than a thoracic surgeon, he should not have performed the surgery at all and should have referred the patient to a thoracic surgeon who would have used a more appropriate method of closing the pulmonary artery which would have held. The jury was out less than one hour and found our insured physician was not negligent.

Lou La Cava obtained a defense verdict in a case wherein the Plaintiff alleged the insured physician was negligent in the performance of a colonoscopy resulting in a perforation of the colon. The Plaintiff asked for damages as a result of additional surgery and ongoing gastrointestinal problems.

Lou La Cava obtained a summary judgment on an important damage issue in the case wherein the Plaintiffs sued an insurance carrier for bad faith and alleged that as a result of an excess verdict against the group, their malpractice premiums increased and they would continue to pay higher premiums in the future. The trial judge held that such damages were not recoverable in a bad faith case. The case was filed in Orlando, FL.

Lou La Cava and James Wetzel obtained a defense verdict in a case wherein the Plaintiff alleged the our insured physician negligently allowed the patient to receive immuno-suppressant drugs while being treated for pneumonia, thereby worsening the pneumonia and producing chronic problems as a result of lung scarring.

Lou La Cava obtained a defense verdict in Inverness, Florida, in a case wherein the Plaintiff alleged the delay in performing a cesarean section resulted in the child being born severely brain damaged. Plaintiff asked for damages in excess of 10 million dollars. The jury found no negligence on the part of the OB/GYN who delivered the child.