Defense Verdict: Collier County, Florida (Medical Malpractice)

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.