Jason Azzarone was successful in arguing to the Second District Court of Appeal that the Trial Court did not err in denying the Plaintiffs’ motion for new trial in Berkey v. Boyer, where the Second District Court of Appeal entered a Per Curium Affirmance. On Appeal, the Appellants argued that the Trial Court committed error by allowing the Defendants’ expert to testify at trial on the issue of the acceptable standard of care because there was no literature specifically supporting his opinions. Mr. Azzarone argued that the expert’s testimony was reliable pursuant to the standards set forth in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993). Mr. Azzarone also argued that contrary to the Appellants’ position, the expert was not required to provide articles or publications supporting his opinions in order to be admissible.

Lou La Cava and Justine Adamski obtained a dismissal of their client after one week of a scheduled two week trial in Hillsborough County . The Plaintiff alleged the defendant failed to appropriately monitor for gentamicin toxicity and failed to change antibiotics at a time which would have avoided the toxicity. The Plaintiff developed vestibular dysfunction. After a week of trial and after the cross examination of the Plaintiff, the case was dismissed.

Kari Jacobson and Jonathan Ficarrotta obtained a defense verdict in a premises liability case tried in Hillsborough County. The Plaintiff alleged that the Defendant, a hospital, was negligent in failing to maintain its premises in a safe condition resulting in Plaintiff slipping and falling in the parking garage after a heavy rainstorm. The jury found that the Defendant breached no duty to Plaintiff.

Lou La Cava and David Young recently tried a case in Pasco County alleging that their client, an emergency room physician, was negligent in not diagnosing and treating a pulmonary embolism in the emergency room resulting in the death of a 39 year old man. The case was also brought against an internal medicine physician who treated the patient after he was admitted. The case resulted in a mistrial because the jury was unable to reach a decision regarding the claim against the internal medicine physician. The jurors informed the court that they were able to reach a verdict as to only one of the Defendants in the case. After the mistrial was declared the jurors indicated that they had quickly and unanimously determined that the emergency room physician, who was represented by Mr. La Cava and Mr. Young was not negligent and they were prepared to return a verdict finding him not negligent. Due to the inability of the jury to reach a verdict as to the other physician the court declared a mistrial.

Lou La Cava obtained a dismissal of his client in a medical malpractice case filed in Hillsborough County. The Plaintiff alleged that the defendant radiologist was negligent in failing to identify on CT scan that a mass in the tail of the pancreas had enlarged from a mass in the same area on a previous CT scan. The plaintiff alleged that had enlargement of the mass been reported pancreatic cancer would have been diagnosed and treated resulting in an extended life expectancy. Another radiologist who was sued for not identifying a pancreatic mass on CT settled his case with the Plaintiff. Mr. La Cava’s client was dismissed from the case without paying any money in settlement.