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.