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.

Naples Partners, Ashley Withers and Kevin Crews, and Naples Associate, Lindsey Grossman, obtained a complete defense verdict in a medical malpractice trial in Collier County, Florida. They represented a hospital and an employed general surgeon in this matter, that involved allegations of a failed hernia surgery utilizing mesh. Plaintiff alleged multiple counts of negligence against our clients throughout her admission and surgery, and further claimed that this negligence ultimately resulted in her sustaining irreversible, catastrophic damage to her abdomen. Most of Plaintiff’s claims were dropped or precluded by the Court as a result of extensive motion practice by the defense prior to trial, leaving only one remaining negligence claim to be tried. Plaintiff utilized their subsequent treating surgeon as their expert at trial, and Plaintiff’s counsel asked the jury for $2.5 million in closing arguments. The jury returned a complete defense verdict in just over an hour.