Attorneys: Ashley P. Withers, Lindsey Grossman, Kevin W. Crews

Naples Partners, Ashley Withers, Lindsey Grossman, and Kevin Crews, obtained a defense verdict this week in a wrongful death case in Collier County, Florida.

We represented the hospital and a cardiothoracic surgeon in this case, in which the decedent underwent a coronary artery bypass graft. The CABG was successful, but the patient subsequently had a stroke and died, leaving behind a surviving child. Plaintiff’s counsel alleged that our client doctor breached the standard of care by not consulting vascular surgery when carotid stenosis was discovered during the CABG workup, and further alleged that this failure caused the decedent’s death. The defense argued that the standard of care for asymptomatic, unilateral carotid stenosis did not require a vascular consult or any additional treatment modalities before CABG recovery was complete.

Plaintiff’s counsel refused to make a pre-trial demand, and after six days of trial, asked the jury for $10 million in closing arguments. The jury deliberated less than an hour before returning a complete defense verdict in favor of the hospital and the cardiothoracic surgeon.

Congratulations Ashley, Lindsey, and Kevin on this outstanding outcome.

Attorneys: Ashley P. Withers, Lindsey Grossman, Kevin W. Crews

Naples Partners Ashley Withers, Lindsey Grossman and Kevin Crews recently obtained a complete defense verdict in a medical malpractice case on behalf of a regional hospital system in Collier County, Florida.

This case involved the use of a left-sided knee component in a right knee during a total knee replacement. Plaintiff associated counsel from both Miami and Chicago, and filed suit against our client alleging negligence on the part of multiple hospital employees at multiple stages of the replacement procedure.

Through dozens of pretrial motions, we significantly limited the arguments Plaintiffs were able to make to the jury, and were further able to present evidence of prior incidents of device mislabeling on the part of the device manufacturer. We also obtained a favorable ruling on partial summary judgment as to claims of vicarious liability and intentional infliction of emotional distress, which helped to limit potential damages at trial.

After ten days of trial, Plaintiff asked the jury for $6 million. The jury deliberated for a little over four hours before returning a complete defense verdict as to our client hospital. The jury’s verdict triggered a Proposal for Settlement and a defense verdict obtained at non-binding arbitration, and as such, our client will be seeking fees and costs.

Congratulations Ashley, Lindsey, Kevin, and the entire team that worked up this case for this excellent result.

Attorneys: John Floyd, Sr.

Nashville Partner, John Floyd, Sr., obtained a defense verdict in a medical malpractice case in Hampton, Virginia last week.

The patient claimed that the doctor caused her severe, permanent brain injury that required care and treatment for the remainder of her life. After a week of trial and a multi-million dollar demand, the jury returned a complete defense verdict in favor of John’s client.

John tried this case in his role as national counsel, which takes him to states across the country in the defense of health care providers. Congratulations, John, on this great result.

Attorneys: Bruce D. Crawford

Phoenix Partner, Bruce Crawford, obtained a defense verdict in a medical malpractice case in Maricopa County, Arizona last week.

Plaintiff in this case was a 24 year old Division 1 collegiate 800 distance runner. He claimed that our client, a foot and ankle physician, improperly treated him with cortisone injections, causing fat pad atrophy of his left plantar foot, and resulting in such significant pain that it ended his running career. Plaintiff is now in the Army, on his way to becoming a Family Practice physician. He claimed that the disability with his foot will impair his future ability to practice as a physician full time.

Plaintiff’s counsel, a JD/MD, asked the jury to award $2 million in future lost income and $3 million in compensatory damages, for a total award of $5 million. The jury returned a unanimous defense verdict (10-0) after several hours of deliberation.

Congratulations to Bruce and his team on this excellent result!

Attorneys: Richard E. Ramsey, Caroline E. Kubovy

Jacksonville Partners Rick Ramsey and Caroline Kubovy obtained a medical malpractice defense verdict on behalf of a gynecologist in Duval County, Florida, this week.

Plaintiff alleged that when performing her hysterectomy, our client used a surgical tool that carried an FDA black box warning for an increased risk of spreading malignant cancer cells, and failed to advise her and get informed consent regarding this warning before the surgery took place.

Plaintiff was later diagnosed with a rare and often deadly cancer and filed suit against our client, claiming that had she been warned she would have chosen a different course of treatment. Although she has remained cancer-free now for seven years post-surgery, she claimed damages resulting from fear of recurrence of her cancer and chemotherapy side effects. At trial they asked the jury for $5 million dollars, but the jury returned a complete defense verdict.

Congratulations to Rick, Caroline, and the entire team on this great result.

Attorneys: Bruce D. Crawford, Mandi J. Karvis

Phoenix/Tempe Partners Bruce Crawford and Mandi Karvis obtained a defense verdict in a medical malpractice case in Maricopa County, Arizona, last week.

We represented a hospitalist in this case that stemmed from the death of a 54-year-old woman who collapsed and died shortly after being discharged from the hospital. The decedent suffered from multiple co-morbidities including end-stage renal disease; nonetheless, her surviving spouse and three adult sons filed suit against our client, alleging that she had been discharged prematurely and that decision led to her death.

After a contentious three weeks of trial, Plaintiff’s counsel asked the jury to award between $200,000 – $250,000 to the surviving spouse, and between $100,000 – $150,000 to each of the three surviving sons. The jury returned a complete defense verdict.

Congratulations Bruce, Mandi, and the entire team for this great result.

Attorneys: Viviana Varela, Mary J. Street

Last week, Miami Partners Viviana Varela and Mary Street obtained a defense verdict in a medical malpractice case in Miami-Dade County, Florida.

We represented an OBGYN Hospitalist in this case that involved routine complications during delivery. Plaintiffs claimed that the newborn suffered hypoxia during delivery that resulted in permanent brain injury manifesting in speech delays and behavioral issues diagnosed as a toddler, and that had our client performed a cesarean section these injuries would have been avoided. Plaintiffs’ experts claimed the child was intellectually disabled and they presented a $4 Million dollar life care plan assuming the child would never be able to work.

Despite the record evidence that the child did not exhibit any signs of hypoxic injury at birth, did not require any NICU care, and that mother and baby were discharged from the hospital on the standard timeframe, at the end of the three-week trial Plaintiffs’ counsel asked the jury for $10 million in damages, including compensation for the consortium claims of the parents. The jury found no negligence on the part of our client and returned a complete defense verdict.

This was an emotionally charged and difficult case, but we are thrilled to have achieved this result for our client doctor. Congratulations Viviana and Mary on this excellent work.

Attorneys: John Floyd Jr., Libby Schuerman

Nashville Partner John Floyd, Jr., and Associate, Libby Schuerman, obtained a defense verdict last week on behalf a pediatric dentist in a medical malpractice case in Sumner County, Tennessee.

This case involved an intraoperative burn to a patient during a dental procedure in the operating room. The patient was under general anesthesia during the procedure due to her complex medical history, which included cerebral palsy. Plaintiffs alleged that our client improperly utilized a hand-held instrument during the procedure resulting in a burn to the patient’s lip and permanent scar. The defense maintained that the instrument was defective and upon realizing it was defective the doctor immediately ceased using the instrument. The hospital’s nurse discarded the instrument at the end of the procedure and the Judge issued a spoilation charge over our objection.

After a week of trial, the jury returned a complete defense verdict.

Congratulations to John and Libby on this outstanding result.

Attorneys: John Floyd Jr., Nathan Dickerson

Nashville Partner John Floyd, Jr., and Associate Nathan Dickerson recently obtained a defense verdict in a medical malpractice matter in the Middle District of Tennessee.

We represented an emergency department physician and a physician’s assistant in this case that involved the administration of pain medication in the ED to a patient with muscular dystrophy. After receiving the medication, the patient experienced a brief cardiac arrest and a collapsed lung. Plaintiff’s counsel alleged that the medication was negligently administered and caused permanent, life-altering injuries.

Following a four-day trial, the jury found that there was no negligence and returned a complete defense verdict.

Congratulations John, Nathan, and the rest of the trial team on this excellent work.

Attorneys: Jaclyn A. Rozental, Adam W. Rhys, Charles J. Roussin

West Palm Beach Partners Jaclyn Rozental and Adam Rhys, and Associate Charles Roussin, recently obtained a defense verdict in a medical malpractice trial in St. Lucie County, Florida.

They represented the hospital, three trauma surgeons, three trauma surgery physician assistants, one neurosurgery physician assistant, and one neurosurgeon in this case involving an alleged failure to diagnose a brain bleed in a 29-year-old man who came to the hospital as a trauma alert following a significant motor vehicle accident.

According to the medical records, the patient underwent a brain CT in the ED at the time of admission, which was normal. He had normal neurological checks every four hours for the first several days he was hospitalized, and was improving and expected to be discharged. In the early morning hours of his fifth day of admission, he experienced a rapid deterioration and was diagnosed with an acute subdural hematoma. The injuries included right-sided hemiplegia, as well as vision and speech issues. There was an undisputed $6.5 million life care plan with 24/7 attendant care, and a lost wages claim of $1.5 million.

Prior to trial, a motion for partial summary judgment was granted as to the neurosurgeon, neurosurgery physician assistant, and one of the trauma surgery physician assistants due to a lack of standard of care expert opinions against them. During trial, one of the trauma surgery physicians was dropped, also due to a lack of standard of care expert opinions against him. The judge also granted Plaintiff’s request for an instruction to the jury that the hospital deviated from the standard of care regarding its policies. Additionally, the judge granted a motion to strike the testimony of the defense trauma surgery expert as it related to the two remaining physician assistants.

After a three-week trial, Plaintiff’s counsel asked the jury for $56 million at closing. The jury returned a complete defense verdict. After the verdict was rendered, Plaintiffs moved for a mistrial, which was denied.

This was a highly contentious and emotional case with difficult facts. Congratulations Jaclyn, Adam, Charles, and the rest of the trial team for this outstanding outcome.

Attorneys: Louisa Palker, Green Yim, Joseph P. Menello

Congratulations to Atlanta associates, Louisa Palker and Green Yim, on their successful defense of a dental malpractice claim in Columbia County, Georgia. The Plaintiff sued her former dentist and his practice claiming damages stemming from a denture placement and removal. Under the guidance of Joe Menello, Green was instrumental during the discovery process in obtaining and analyzing the necessary medical records to refute most, if not all, of Plaintiff’s allegations, and Louisa stepped in to handle the non-jury trial. After Louisa’s effective cross-examination of the Plaintiff, the judge granted a directed verdict in favor of our clients.

Congratulations on this great outcome, Louisa and Green!

Attorneys: Jeffrey M. Goodis, Taylor Kinmon

St. Petersburg Partner Jeffrey Goodis and Associate Taylor Kinmon recently obtained a favorable result in a medical malpractice trial in Sarasota County, Florida.

Jeff and Taylor represented an interventional radiologist in this case that arose from a minimally invasive spinal procedure performed on the wrong vertebrae. The correct vertebrae was ultimately repaired, but Plaintiff filed suit against our client alleging economic damages and pain and suffering due to the wrong-level procedure. With fault admitted, multiple attempts to settle the case were unsuccessful, and the case was tried on causation and damages only five years after the subject incident. During closing argument, Plaintiff’s counsel asked the jury for $2.7 million, but the jury returned a verdict of just $49,466, with no award for economic damages or future pain and suffering. This amount triggers a Proposal for Settlement, entitling our clients to seek fees and costs dating from February of 2024.

Congratulations Jeff, Taylor, and the entire team that prepared this case for trial. The clients are very pleased with the outcome.

Attorneys: Michael R. D’Lugo

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

We represented a Southwest Florida hospital in this case that involved a PA performing a vaginal exam on the Plaintiff. Plaintiff claimed the matter was a sexual assault case and filed it as such. Attorneys in our Sarasota office filed a Motion to Dismiss, arguing that it was a medical malpractice case and should be dismissed since the Plaintiff had not complied with the mandatory presuit period required by Florida statutes. The trial court denied our Motion to Dismiss.

Michael D’Lugo filed a Writ of Certiorari with the Florida Sixth DCA in August 2025, and in early April 2026 the Court quashed the trial court’s order, ruling that the case is a medical malpractice matter and must be filed and litigated as such, including the mandatory presuit investigation. The case will now go back to the trial court, where a final judgment will be entered because the statute of limitations has expired.

Congratulations Michael on this excellent result.

Attorneys: Mary J. Street, Richard E. Ramsey, Kyle Leigh Schmitt

Miami Partner Mary Street recently prevailed in an appellate matter in Florida’s Fifth District Court of Appeal, affirming a defense verdict obtained by Jacksonville Partners Rick Ramsey and Kyle Leigh Schmitt, Esq. in Flagler County, Florida.

The underlying case was a medical malpractice matter against three physicians alleging the failure to diagnose and treat the aspiration of an iron pill. Despite a contentious trial in which Plaintiff’s counsel raised a 𝘋𝘢𝘶𝘣𝘦𝘳𝘵 challenge to a defense causation expert, Rick and Kyle obtained a defense verdict in July 2024.

After Plaintiff’s Motion for New Trial was denied, she appealed to Florida’s Fifth DCA. She argued that the trial court erred by denying her pretrial motion for summary judgment, by allowing a defense expert to recreate an iron pill aspiration and use a simulation as a basis of her causation opinion at trial, and denying Plaintiff’s request for a 𝘝𝘢𝘭𝘤𝘪𝘯 instruction.

Plaintiff’s Initial Appeal was filed in February 2025, and our Answer Brief followed in July 2025. Almost a year later, in late June 2026, the Fifth DCA issued a Per Curiam Affirmance of the trial court’s rulings and granted our motion for appellate attorney’s fees. This result triggers a Proposal for Settlement, and our client will now seek fees and costs through the trial and the appeal.

Congratulations Mary, Rick, and Kyle on this excellent result.

Attorneys: Michael R. D’Lugo, Taylor McLeod

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.

Attorneys: Robert E. Paradela, William F. Fink, Victoria Sosa

Fort Lauderdale Partners, Robert Paradela and William Fink, and Associate, Victoria Sosa, recently obtained Final Summary Judgment in a medical malpractice action on behalf of a hospital system in Broward County, Florida.

This case involved a Plaintiff who underwent a hysterectomy and an alleged ureter thermal injury that she claimed led to a prolonged hospital stay and additional surgeries. Plaintiff sued our client, the hospital, alleging that they were vicariously liable for the purported negligence of her treating OBGYN and Urologist. Through strategic discovery, motion practice, and strict adherence to the trial court’s deadlines, we moved for final summary judgment arguing that Plaintiff failed to present any evidence supporting her claims of negligence against the hospital. A nominal proposal for settlement was served to the Plaintiff in 2023. The Court granted Final Summary Judgment and our client is now entitled to recover almost two years of fees and costs.

Congratulations to the entire team who worked this file on this excellent work on behalf of our client.

Attorneys: John Floyd Jr.

Nashville partner John Floyd, Jr., recently obtained summary judgment in a medical malpractice case in Calloway County, Kentucky.

Plaintiff in this case alleged that she suffered permanent injury as a result of a cervical manipulation performed by our client chiropractor. After party depositions, we moved for summary judgment on the grounds that Plaintiff could not provide any causal link between the treatment she received from our client and her eventual injury. The Court agreed, granting summary judgment and dismissing the case against our client with prejudice.

Congratulations John on this great result.

Attorneys: Lindsey Grossman

Naples Partner Lindsey Grossman recently obtained summary judgment on behalf of a hospital in a medical malpractice case in Collier County, Florida.

Plaintiff alleged that while undergoing alcohol withdrawals at the hospital, a hot cup of coffee was spilled onto him, causing burns across his abdomen and arm areas. Through discovery and deposition testimony, it was learned that the coffee was not “accidentally spilled,” but instead fell onto Plaintiff because he intentionally slapped the hot cup of coffee out of the healthcare worker’s hands and onto himself while going through detox.

In light of this, we argued that Plaintiff’s deliberate act was the cause of his injury, and there was no liability on the part of the hospital. The Court agreed, and entered summary judgment in our client’s favor.

Congratulations Lindsey on this excellent result.

Attorneys: Nichole M. Koford, Alyssa Reiter

Attorneys: Ryan A. Hestbeck

Orlando partner Ryan Hestbeck recently prevailed in a wrongful death case pending in Osceola County, Florida, resulting in the entry of unopposed Summary Judgment in favor of our client.

Ryan represented an Emergency Department physician in this case, which arose when Plaintiff presented to the ED for agitation, altered mental status, and manic state. Plaintiff had a complex medical history including psychiatric issues. On the day of the subject treatment, our client ordered sedation medication in the ED to address the patient’s combative state such that further medical testing could be administered. After admission to the hospital, the patient experienced a cardiac event that ultimately resulted in his death. Plaintiff’s surviving spouse, as the executor of his estate, sued our client, alleging that the sedation medications were administered without proper regard to the existing medical issues, and that but for the administration of these medications, her husband would not have died.

Plaintiff’s retained Emergency Medicine expert agreed under oath that the administration of the medication at issue was appropriate under these circumstances, and further testified that he could not say there was a causal link between the administration of these medications in the ED and the subsequent cardiac event and death.

In light of this testimony, Plaintiff’s counsel agreed to forego a hearing on summary judgment, and instead stipulated to entry of Summary Judgment in our client’s favor.

Congratulations Ryan on this excellent work.

Attorneys: Adam W. Rhys, Amanda Ritucci, Darya Momeni

West Palm Beach partners Adam Rhys and Amanda Ritucci, and associate Darya Momeni, obtained a defense verdict in a medical malpractice case in Palm Beach County, Florida, this week.

Plaintiff in this case alleged that our client, a CRNA, negligently discharged the Plaintiff following a cosmetic procedure performed at the plastic surgeon’s office. These allegations included that our client did not appreciate the Plaintiff’s compromised condition following the procedure while in the recovery room, failed to administer critical reversal medications and/or call 911, and failed to provide crucial information to EMS once they were called. As a result, Plaintiff claimed brain damage resulting in cognitive impairment, including loss of memory and function, headaches, and depression and anxiety.

Defense of this case centered around the position that our client appropriately assessed the Plaintiff, who met the discharge criteria at the time but experienced a marked change in condition afterwards once at home.

After a seven day trial, Plaintiff’s counsel asked the jury for $1 million. The jury deliberated for three hours before returning a complete defense verdict in our client’s favor.

Congratulations to the entire team that worked on this file for this excellent result.

Attorneys: T. Michael Kennedy, Roxette Gonzalez

Miami partner T. Michael Kennedy and associate Roxette Gonzalez recently obtained a defense verdict in a medical malpractice trial in Miami-Dade County.

Plaintiff in this case presented to our client for surgery to repair the first metatarsal phalangeal joint of his left great toe. During the surgery, our client podiatric surgeon discovered a condition that had not been visible on the pre-op films, and made the decision intra-operatively to remove Plaintiff’s tibial sesamoid bone as a remedy. Following the surgery, Plaintiff alleged that this decision caused him to experience excessive pain and toe drift, and required him to undergo a revision surgery to fuse the joint. He further claimed that the pain from the surgery and the subsequent revisions forced him to retire from his job as a professor five years earlier than he had originally planned.

The defense presented evidence and expert testimony that all supported the theory that our client had not deviated from the standard of care, and that the intra-operative removal of the sesamoid bone was necessary; and also that the pain and toe drift the Plaintiff experienced was a natural result of the surgery itself and the underlying arthritis that necessitated the surgery in the first place.

After a five day trial, Plaintiff asked the jury for $2 million in closing arguments. The jury found no negligence on the part of our client, and returned a complete defense verdict.

Attorneys: Richard E. Ramsey, Kyle Leigh Schmitt

Jacksonville partner, Rick Ramsey, and associate, Kyle Schmitt, secured defense verdicts on behalf of three doctors in a medical malpractice trial in Flagler County, Florida.

Plaintiff sued our clients, alleging failure to diagnose and treat an aspirated iron pill. The Plaintiff allegedly aspirated the pill, spent 11 days in the hospital under our clients’ care, and was released. She returned to the hospital three days later with further complaints, became very ill and went on life support.

Rick and Kyle retained experts in various specialties who helped show the jury that Plaintiff’s claims of aspiration were not feasible. By way of a successful Daubert hearing, they were also able to exclude much of the testimony from Plaintiff’s pulmonology expert regarding how much iron he believed had been aspirated, as well as how much damage was done to the Plaintiff’s lung.

Efforts to settle this case failed, and the case proceeded to trial. After seven days of testimony, Plaintiff asked the jury for $4 million in future economic damages, plus a couple million more in pain and suffering. The jury returned a complete defense verdict for all three of our clients, triggering a PFS that was filed in October 2023.

Attorneys: John Floyd, Sr., John Floyd Jr.

Nashville Partners, John Floyd, Sr., and John Floyd, Jr., obtained a defense verdict in a chiropractic malpractice case in Cullman County, Alabama.

Plaintiff alleged that our client’s treatment caused him to have an internal carotid artery dissection that ultimately led to a stroke. They presented evidence of alleged brain damage and a substantial loss of earnings claim.

In closing arguments, Plaintiff’s counsel asked the jury to award $8 million per year for each year since the injury, for a total of $64 million. The jury returned a defense verdict in 15 minutes.