Ruling Affirmed: Florida Sixth District Court of Appeal (Medical Malpractice)

Orlando Partners Michael D’Lugo and Taylor McLeod recently prevailed in an appellate matter heard by the Florida Sixth District Court of Appeal.

The underlying case was a medical malpractice matter that arose from a stillbirth at 37 weeks. The subject incident occurred in 2017, and the case went to trial in Orange County in 2023. Despite Plaintiff’s counsel relying heavily on sympathy and asking the jury for $20 million, the trial resulted in a defense verdict for our client hospital.

Plaintiffs appealed, claiming that the trial court abused its discretion by striking several of their nursing expert’s opinions, and that the exclusion of those opinions amounted to a denial of Plaintiff’s due process rights.

The appeal process was lengthy, and involved a Court-ordered mediation and oral argument. Finally, more than eight years after the subject incident, the Sixth DCA issued a Per Curiam Affirmance of the trial court’s ruling.

Congratulations Michael and Taylor on this excellent result.