Firm Results

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.

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.

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.

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