Skahen v. Wise
Congratulations Vance Dawson and Jeremy Palma for obtaining a defense verdict for Mazie Wise in a rear end motor vehicle case involving four vehicles.
Ms. Skahen was traveling in the right turn lane and brought her vehicle to a complete stop. Immediately behind Ms. Skahen were two other vehicles followed by Ms. Wise. Ms. Wise failed to bring her vehicle to a complete stop. The impact forced each vehicle into the vehicle in front of it. The defense admitted negligence prior to trial. Plaintiff claimed to have sustained disc herniation which necessitated surgery. Plaintiff previously never complained of neck pain and no imaging studies were obtained prior to the accident. In closing, Plaintiff requested the jury award $517,000 in total.
The jury deliberated 31 minutes before returning a defense verdict finding that the negligence of Ms. Wise was not the legal cause of any injury to Ms. Skahen.
Verdict Date: March 18, 2016
LeCount v. Health First
Congratulations Howard Citron in obtaining final summary judgment on behalf of Health First, Viera Hospital and Dr. Bradley Barnes. The motion for final summary judgment was strongly contested in that it sought the dismissal of medical negligence claims against the hospital and a radiologist for care related to a head and eye injury due to the plaintiff’s failure to timely initiate the lawsuit and failure to provide the requisite pre-suit corroborating expert affidavit.
Verdict Date: March 09, 2016
Schwartz v. Tak
Congratulations Skip Jewett and Karissa Owens in obtaining a defense verdict on behalf of Dr. Ravindra Tak, Physician Associates LLC and The Doctors Company. The medical negligence claim was based on care rendered by Dr. Tak.
Plaintiffs alleged that Dr. Tak negligently prescribed an antibiotic, Cipro, when the patient had symptoms consistent with c. difficile colitis. The Cipro was prescribed to treat a suspected but undocumented bacterial infection. The defense argued that the patient's brief clinical improvement after the Cipro was given was inconsistent with c.diff as the cause of the presenting complaints and that the Cipro was appropriate to treat the infection. The patient returned to the defendant 's office twice with ongoing complaints before admission to the hospital. Three days after admission, the plaintiff underwent a subtotal colectomy and ileostomy that could not have reversed. The treating physicians diagnosed the patient with toxic colitis caused by c.diff. Plaintiffs asked for an award of $3.17 million during closing.
After a 7 day trial, the jury returned a verdict for the defense.
Verdict Date: February 16, 2016
Centonze v. Cook
Congratulations Richard Mangan and Bryan Snyder in obtaining a defense verdict on behalf of Dr. Jennifer Cook, Florida Joint Care Institute LLP, and The Doctors Company in the Centonze v. Cook matter.
The plaintiff, who fell off a ladder and suffered a significant elbow fracture, presented to Dr. Cook and underwent an open reduction internal fixation (“ORIF”). Plaintiff alleged that Dr. Cook negligently performed the procedure causing a permanent injury which left plaintiff completely unable to move her fingers and wrist. The defense conceded that the plaintiff was injured during the procedure but argued that nerve injury is a known complication. The defense argued the plaintiff had been fully informed of the potential risks and that Dr. Cook took reasonable precautions to minimize the risk of nerve injury. The Plaintiff’s injury necessitated a second surgery with a different surgeon. Plaintiff testified that, although she had made some improvements, she continued to experience significant residual effects of the nerve injury. The defense argued that the second surgery greatly improved her nerve function and that she had experienced a return to reasonable function one and half years after the repair surgery. Plaintiff asked for an award of $583,000 in closing argument.
After deliberating for approximately 55 minutes, the jury returned a verdict for the defense.
Verdict Date: February 08, 2016