Firm Results

Lou La Cava and David Young obtained a dismissal for their emergency medicine physician client in a medical malpractice wrongful death case in Hillsborough County. The Plaintiff alleged the emergency room physician failed to diagnose and treat influenza in a patient with a compromised immune system during an emergency room visit. The defense contended the physician’s care was appropriate and a decision was made that no money would be offered and the case would be tried. While several co-defendants represented by other attorneys settled out of the case, the ER physician was dismissed without a settlement payment made on his behalf.

Lou La Cava obtained a dismissal with prejudice for his cardiologist client. The plaintiff alleged that the defendant inappropriately ordered heparin for a patient after the patient had informed the hospital medical staff he did not want to be treated with heparin. The heparin was ordered due to the patient being in atrial fibrillation. The patient subsequently suffered a hemorrhagic stroke and was severely neurologically impaired. After several years of vigorously defending the case, the plaintiff agreed to dismiss the doctor from the case without any settlement payment.

Lou La Cava and Vicki Jobling tried a brain damaged baby case in Hillsborough County that resulted in a hung jury. The plaintiff alleged negligence on the part of the ob/gyn in failing to timely deliver the baby which resulted in severe neurological injury. The defense argued that the treatment rendered was appropriate. The jury was deadlocked 4 to 2 in favor of the defense.

Lou La Cava obtained a dismissal of his client in a medical malpractice case filed in Polk County. The Plaintiff alleged that a neurosurgeon failed to appropriately repair an odontoid fracture by utilizing an anterior surgical approach rather than a posterior approach. Plaintiff also alleged that the procedure was performed negligently by misplacing a surgical screw which allegedly caused the plaintiff neurological damage. After extensive discovery and exposing numerous flaws in the Plaintiff’s case, the Plaintiff filed a dismissal of the case with prejudice and no settlement was paid on behalf of the Defendant neurosurgeon.

Jason Azzarone was successful in arguing to the Fifth District Court of Appeal that the Trial Court erred in compelling the Defendant to produce documents in Sedgwick Claims Management Services, Inc., v. Feller, 163 So.2d 1252 (Fla. 5th DCA 2015). In its order, the Trial Court overruled the Defendant’s objections that the materials were protected by the attorney-client and work product privileges. The Trial Court also held that the attorney-client privilege had been waived. The Fifth District Court of Appeal disagreed. Finding certiorari relief to be appropriate, the Court reversed, opining that the subject documents could still be protected work product even though they were prepared in a different case. The Court further found that the Trial Court erred in finding the attorney-client privilege inapplicable without conducting an in camera inspection. Finally, the Court disagreed with the Trial Court, finding that the attorney-client privilege was not waived by counsel’s statements or by the filing of a privilege log that the trial court viewed as containing insufficient detail.