Firm Results

Lou La Cava and Shari Smith obtained an excellent resolution of a case just before closing argument in a hospital medical malpractice case tried in Broward County. The Plaintiffs alleged that the hospital negligently failed to offer CPR training to the parents of a premature infant prior to discharge. Three weeks after discharge the child had a cardiorespiratory arrest and ended up with severe neurological damage and is in a persistent vegetative state. She was 6 years old at the time of trial. The Plaintiffs alleged the child would have had much less damage if the mother could have provided CPR before the paramedics arrived 8 minutes after they were called. A settlement could not be reached prior to trial because the Plaintiffs would not accept the amount offered since it was below the past medical lien and they felt the case had a very high settlement value due to the extent of damages. After a two week trial putting many holes in the Plaintiffs’ case, the Plaintiffs were given a last chance, take it or leave it settlement offer that remained below the past medical expense lien. The Plaintiffs accepted the offer to resolve the case.

Tom Saieva and Lesley Stine obtained a Final Summary Judgment in a case alleging negligence leading to a death of a 6 year old during surgery. The Second District Court of Appeal issued an order unanimously affirming the trial court’s final judgment in favor of a surgery facility based on the plaintiff’s failure to timely file a complaint. The court also granted a motion for attorney’s fees and costs based on a proposal for settlement filed by the defense.

Lou La Cava obtained a summary judgment for his radiologist client in a medical malpractice case filed in Charlotte County. The plaintiff alleged and had an affidavit to support allegations that the radiologist negligently interpreted a CT of the brain resulting in the delay in diagnosis of a stroke. The Plaintiff suffered severe neurological injuries. After the depositions of the parties the Plaintiff agreed that the radiologist was entitled to summary judgment and did not oppose the motion. The summary judgment was granted in favor of the radiologist and the case continued against the defendants represented by other law firms.

Lou La Cava and Brett Gliosca obtained a defense verdict in a medical malpractice wrongful death case tried in Hillsborough County. The plaintiff alleged that a family practice physician was negligent in failing to diagnose pneumonia and not sending the patient to the hospital for emergency treatment resulting in his death about 36 hours after an office visit. The defense argued that the care and treatment provided based on the diagnosis met the standard of care. It was further argued that it was not a severe pneumonia that led to his death. Instead, more likely than not he dies from an arrhythmia due to underlying hypertensive heart disease. After a 6 day trial the jury returned a verdict finding there was not negligence on the part of the physician that was a legal cause of the patient’s death.

Barbara Chapman and Jason Azzarone were successful in securing a summary judgment in a civil rights case filed by an inmate in the United States District Court, Middle District of Florida, in which the firm represented two nurses who provided medical care to Hillsborough County inmates.  The Plaintiff alleged that he was denied medical care and that the nurses neglected his condition in violation of his Eighth Amendment Rights by subjecting him to cruel and unusual punishment.   A motion for summary judgment was filed, arguing that based on the medical records, the Plaintiff could not establish deliberate indifference to a serious medical condition as required by Federal law.  The Court agreed, finding that the Plaintiff could not demonstrate deliberate indifference and therefore, there were no genuine issues of material fact to present to the jury.