Lou La Cava and Barbara Chapman obtained a defense verdict for a hospital in a case wherein it was alleged the hospital nurses were negligent in failing to appropriately turn a patient resulting in a worsening of a sacral pressure ulcer. After a 5 day trial the jury returned a verdict finding the hospital nurses were not negligent.
Lou La Cava recently obtained a ruling in his client’s favor in an administrative hearing. The administrative complaint filed by the Department of Health alleged that the physician performed the wrong surgery, practiced below the standard of care and did not appropriately document the medical chart. The administrative law judge found in favor of the physician, and the order was accepted by the Board of Medicine.
Jason Azzarone and Kari Jacobson obtained a defense verdict in a negligence case against a major hotel chain in the United States District Court, Middle District of Florida. The Plaintiff alleged that the hotel was negligent in the design and maintenance of its docks, resulting in the sinking of his yacht. The Defendant maintained that the docks were properly designed and maintained, and further argued that the incident was caused by an Act of God. Following a five day trial, the jury returned a verdict, agreeing that the incident was caused by an Act of God.
Lou La Cava and Karen Levine received a dismissal with prejudice of a medical malpractice wrongful death case scheduled for trial. The case had been litigated for three years. The Plaintiff alleged the Defendant was negligent for giving the post cardiac bypass patient IV Lopressor which led to profound and prolonged hypotension. The defense maintained that the drug choice was appropriate and that the patient’s problem was really a myocardial infarction that occurred prior to the administration of Lopessor. Plaintiff’s counsel made numerous settlement demands and no offers were made as the defense was ready to try the case. The Plaintiff decided to dismiss the case rather than go to trial.
Lou La Cava and David Young obtained a defense verdict in a wrongful death case tried in Pinellas County. The Plaintiff alleged the Defendant emergency room doctor failed to closely monitor a patient who arrived in the emergency room with atrial fibrillation and tachycardia. She did not want electrical cardioversion, so attempts were made to convert her to a normal sinus rhythm with medications. While medications were infusing, the patient had an unwitnessed cardiac arrest. While they were able to resuscitate the patient, she ended up with brain damage and ultimately died. She was 39 years old and had four minor children. The jury returned a verdict finding the emergency room doctor was not negligent.
Jason Azzarone and Barbara Chapman were successful in arguing to the Second District Court of Appeal that the trial court erred in denying a motion to dismiss for failure to comply with the medical malpractice presuit screening requirements in Corbo v. Garcia, 949 So. 2d 366 (Fla. 2d DCA 2007). The Plaintiff allegedly received burns to her arms when she was connected to a physical therapy machine that provided electrical stimulation. The Plaintiff brought a negligence action against the physical therapist and his practice alleging failure to properly maintain the machine. The Second District Court of Appeal agreed that the Plaintiff’s claim arose out of the rendering of medical treatment and thus was subject to the presuit screening requirements.
Lou La Cava and Justine Adamski obtained a defense verdict after a two-week trial. The Plaintiff alleged that the Defendant cardiothoracic surgeon who performed a 5-vessel bypass surgery negligently failed to restart heparin when the Plaintiff developed acute bilateral lower extremity ischemia. The Plaintiff also claimed the pulmonologist who was consulted due to respiratory problems was also negligent (the pulmonologist was represented by another attorney). The Plaintiff had been placed on heparin for deep vein thrombosis and was taken off the heparin due to a suspected GI bleed. The Plaintiff ended up requiring bilateral below-the-knee amputations. After approximately an hour and fifteen minutes, the jury returned a verdict finding the defendant physicians were not negligent.
Lou La Cava and Justine Adamski received a defense verdict after a 6-day trial in Sebring, Florida. The Plaintiff alleged that the Defendant was negligent for performing an endoscopic retrograde cholangiopancreatography (ERCP) which they argued was not indicated. Plaintiff also alleged the procedure which could not be completed was performed negligently and resulted in the complication of acute pancreatitis. Finally, the Plaintiff argued that the complication was negligently treated resulting in the death of the Plaintiff. The Plaintiff asked for nearly 3 million dollars in damages. The jury returned a verdict in less than two hours finding that the Defendant was not negligent.
Lou La Cava and Justine Adamski obtained a dismissal of their client after two weeks and one day of trial. The Plaintiff alleged that the Defendant was negligent in not diagnosing and treating a pulmonary embolism resulting in death. The decedent left three survivors. The Plaintiff continued to try the case against the remaining defendants.