Jonathan Ficarrotta and Kari K. Jacobson obtained a defense verdict in a premises liability case tried in Hillsborough County (Tampa) Florida. The Plaintiff alleged that the design and construction of the stairs at a local hospital led to her slip and fall and injuries. The Jury found that the hospital was not negligent.
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.
The jury returned a defense verdict after a three day trial in Miami. The defendant, an obstetrician/gynecologist, had allegedly removed a perfectly normal right ovary from a 46 year old woman who had been complaining of left lower quadrant pain for almost 4 years. Jon Lynn represented the defendant and convinced the jury that, under the facts and circumstances of the case, the decision to remove the ovary was reasonable and certainly within the standard of care.
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.
Lou La Cava and Jim Wetzel obtained a defense verdict for an OB/GYN physician in a two week wrongful death medical malpractice case tried in Tavares, Florida. The Plaintiff alleged the 55 year old patient died as a result of unrecognized blood loss during a supracervical robotic hysterectomy. Plaintiff alleged the physician caused the bleed and then did not take appropriate steps to control it. The defense argued that the physician performed the surgery within the acceptable standard of care and the patient did not die as a result of a bleed but unfortunately suffered a cardiac arrythmia. The patient was survived by her husband and two daughters who had claims as survivors. After hearing all of the evidence, the jury returned a verdict finding the physician was not negligent and negligence was not the legal cause of the patient’s death.
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.
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