Defense Verdict: St. Lucie County, Florida (Medical Malpractice)
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.
