Elg v. Florida Cancer Specialists
Congratulations Cliff Acord and Eric Ochotorena in obtaining a defense verdict in Elg v. Florida Cancer Specialists. This was a 4 day medical malpractice case which arose out of the death of Lynn Elg. Ms. Elg, a breast cancer patient at Florida Cancer Specialists, was diagnosed with thrombotic thrombocytopenic purpura (TTP) by Dr. Tom Tang in November 2015. She was treated with plasma exchange which resulted in improvement of her symptoms. While covering for Dr. Tang on March 15, 2016 Dr. Mary Li received a call from the ER advising that Ms. Elg was there with symptoms similar to those she presented with in November 2015. Dr. Li attributed her symptoms to recent chemotherapy and according to the ER records, Dr. Lia advised that admission to the hospital was not warranted. Ms. Elg was discharged. There was disputed evidence at trial as to whether Dr. Li was made aware of the prior diagnosis of TTP, but all experts agreed that if she was made aware the standard of care required admission to the hospital which would have likely led to a diagnosis of relapsed TTP. Three days later Ms. Elg returned to the hospital with no improvement of her symptoms. She went into respiratory failure was admitted to the hospital. She was subsequently diagnosed with TTP and treated unsuccessfully with plasma exchange. She died on March 22, 2016. The death certificate signed by Dr. Tang listed TTP as one of the causes of death. Plaintiff argued that earlier diagnosis and treatment would have been successful as that the treatment in November 2015 was. The defense was that the standard of care did not require admission to the hospital based upon the documentation in the ER record. Additionally, Ms. Elg died from complications of breast cancer, not TTP.
Verdict Date: April 25, 2019
SMITH, George v. Direct H, LLC
Congratulations Derek Bush and Skylar Stewart for obtaining a defense verdict in George Smith v. Direct H, LLC; Vincent Stanley & Direct Automotive Management, Inc. d/b/a Kuhn Honda and Kuhn Volkswagen for Sentry Insurance. This was a motor vehicle vs. bicycle accident in which Plaintiff claimed injuries to his neck, lower back, both shoulders, both knees, and both wrists. Plaintiff treated for over five years, underwent two surgeries and had recommendations for four future surgical procedures. Additionally, Plaintiff brought a claim for lost wages and earning capacity. Plaintiff boarded past medical expenses of approximately $150,000 and claimed future medical expenses in excess of $300,000. Additionally, Plaintiff sought past and future pain and suffering and lost future wages exceeding $400,000. One week prior to trial, the Plaintiff made a “final demand” of $375,000. The defense offered $225,000. The trial lasted 4 days. The jury deliberated for 61 minutes and returned a defense verdict.
Verdict Date: April 11, 2019