Defense Verdict: Medical Malpractice (Miami-Dade County, Florida)

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.