Firm Results

Lou La Cava and Brett Gliosca Obtained a Defense Verdict Alleging Negligence In Use of the Florida Mental Health Act

Lou La Cava and Brett Gliosca obtained a defense verdict in a case alleging negligence in the use of the Florida Mental Health Act (Baker Act) and false imprisonment against two emergency medicine physicians. The Plaintiff alleged there were insufficient grounds to initiate the Baker Act and a failure to rescind the Baker Act when the subsequent physician took over care. She also alleged violation of the Baker Act because she was not transferred to a facility for a mental health examination within in the 12 hour time period mandated by the Baker Act. Lou and Brett successfully defended the case with the jury returning a verdict finding no negligence and that the Plaintiff was not falsely imprisoned.

Jonathon P. Lynn Obtains a Defense Verdict in West Palm Beach

Jon Lynn obtained a defense verdict for an oral surgeon in West Palm Beach after a 5 day trial. The oral surgeon was sued because he allegedly extracted a wisdom tooth that did not need to be extracted and the patient sustained a nerve injury that would leave her with permanent pain and numbness of her left lower lip and chin. The patient had been referred to the oral surgeon by her dentist who had examined the patient the day before the extractions. He testified that although the patient needed her right lower wisdom tooth removed, her left lower wisdom tooth was “perfectly fine”. The oral surgeon contended that both lower third molars needed to be extracted and the patient suffered a known complication of wisdom tooth extraction. The jury deliberated for an hour before returning a defense verdict.

Jonathan Ficarrotta and Kari K. Jacobson Obtains Defense Verdict in Tampa

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.

La Cava & Jacobson Obtain Defense Verdict For a Hospital & Two Doctors In Broward County

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.

La Cava & Jacobson Obtain Defense Verdict For OBGYN In Miami

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.

La Cava & Jacobson Obtain Defense Verdict For Dentist In Miami

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.

La Cava & Jacobson Obtain Defense Verdict For OB/GYN Physician

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.

Jason Azzarone was successful in arguing to the Second District Court of Appeal

Jason Azzarone was successful in arguing to the Second District Court of Appeal that the Trial Court did not err in denying the Plaintiff’s motion for directed verdict in Estate of Zaffuto v. St. Joseph’s Hospital, Inc., where the Second District Court of Appeal entered a Per Curium Affirmance. On Appeal, the Appellant argued that the Trial Court committed error by denying the motion, thus allowing the Defendant to present an empty chair defense.   Mr. Azzarone argued that the Trial Court’s denial was proper as there was conflicting evidence as to causation.  Mr. Azzarone also argued that contrary to the Appellant’s position, the Defendant never presented an empty chair defense, but rather, argued to the jury that the actions of the Hospital’s staff was not negligent.  Following oral argument, the Second District Court of Appeal agreed.

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.

Medical Malpractice Case

La Cava & Jacobson Obtain Defense Verdict For Medical Malpractice Case

Medical Malpractice CaseLou La Cava obtained a defense verdict for an uninsured physician in an 8 day medical malpractice case tried in Pinellas County. The plaintiff argued the vascular surgeon was negligent in ordering unnecessary tests and performing an unnecessary renal angioplasty on a patient which they claimed led to the loss of the patient’s kidney. It was further alleged there was a lack of informed consent because the physician did not inform the patient about various physical disabilities he had and several months after the procedure applied for total disability with a date relating back to before the date of the procedure. After Plaintiff’s case was concluded Mr. La Cava’s motion for directed verdict on the informed consent claim was granted by the court. The jury later deliberated on the remaining claims and found the defendant physician was not negligent and negligence was not the legal cause of the plaintiff’s alleged injuries. Mr. La Cava received administrative assistance at the trial from April La Cava and was also assisted during the trial by Andrew Hudson a third year law student and law clerk with La Cava and Jacobson.

Jason Azzarone and David Nelson Successful in Arguing to the Fifth District Court of Appeal

Jason Azzarone and David Nelson were successful in arguing to the Fifth District Court of Appeal that the Trial Court departed from the essential requirements of law in denying the defendant hospital’s motion to dismiss the complaint on the basis that the plaintiffs failed to comply with Florida’s Medical Malpractice presuit screening requirements in Osceola Regional Hospital v. Calzada, 246 So.3d 1300 (Fla. 5th DCA 2018). In its written opinion, the Fifth District held that the Trial Court was required to conduct an evidentiary hearing and make express findings as to whether the plaintiff did or did not comply with Florida’s medical malpractice presuit screening requirements.

Review Decision